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Chairman Solari felt that if someone has discovered that they are owed a refund because <br /> the County has not utilized the funds within six years, they should not be charged the impact fee <br /> refund application fee . <br /> Budget and Management Director Jason Brown, addressing Commissioner Davis ' s <br /> question, stated that the County Attorney would be returning with further input on how to <br /> determine the distribution of refunds for partially expended funds . <br /> Chairman Solari suggested the Board wait for input from the County Attorney before <br /> deciding whether to impose an impact fee refund application fee for rebates associated with non- <br /> expended impact fees . <br /> Attorney Polackwich reported that not much law exists on impact fee refunds ; however, <br /> his office is compiling the State law that deals with impact fees . He hoped to bring further <br /> information back to the Board in September 2011 . <br /> Commissioner O ' Bryan asked whether the proposed Resolution needed to be amended to <br /> reflect that the Board is not at this time acting on the six-year Failure-to -Expend Impact Fee <br /> Refunds . <br /> Attorney Polackwich responded that since the Board has elected at this time not to <br /> impose a fee on the six-year Failure-to -Expend fees, staff should amend the text of the <br /> Resolution to reflect that the fee at this time pertains only to the Non-Commencement impact <br /> fees . <br /> MOTION WAS MADE by Commissioner Flescher, <br /> SECONDED by Chairman Solari , by a 4 - 0 vote <br /> (Commissioner Davis abstained) to suspend any fees for <br /> impact fee refund applications associated with the <br /> County ' s failure to expend impact fees within six years , <br /> August 16 , 2011 39 <br /> BK 141 PG 260 <br />