09/13/2011 (2) - Laserfiche WebLink

Home Browse Search

The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously authorized Amendment No. 1 to Work Order with Geosyntec Consultants, Inc. for Groundwater Assessment and Monitoring, in the amount of $4,951.00, as recommended in the memorandum of September 1, 2011. 13. COUNTY ATTORNEY MATTERS 13.A. IMPACT IN TIFD. I01 ISSUES (Clerk's Note: This item was heard following Item 12.D.1. and is placed here for continuity.) 2 —FUND Attorney Polackwich recapped his memorandum dated September 7, 2011, providing history and background regarding the collection of traffic impact fees, Fund 10 1 issues, administrative issues relating to refund of application fees, and refunds based on the failure to spend impact fees within a six-year period. He brought this back to the Board for decision and direction on two issues: (1) whether to reopen Fund 101 for new refund claims/applications, and (2) administrative issues dealing with: (a) reducing the refund application fee, (b) making the fee payable only out of refunded proceeds, and (c) providing notice to the people when an impact fee refund is due. Attorney Polackwich reported that in 1999, things changed when the County went from nine to three districts, and the new ordinance stated that funds collected in the original nine districts must be spent therein. He said Fund 101 was created to hold the funds from the nine districts, specifically District 2, since all fees collected in the other districts were exhausted. The funds from District 2 were collected and placed into Fund 101 from 1986 through 1999, and with the interest that has accumulated, it now totals about $1.1 million ($150,000 of unspent fees, plus $1 million in interest). He explained that if impact fees are not spent within six years, there is a one year refund period where the refunds can be made, but if no application is submitted within September 13, 2011 25 "K 141 PG 366