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Board of County Commissioners Meeting Minutes - Final November 13, 2018 <br />modification become effective January 1, 2019; 2. Modify County Code to allow <br />for the relinquishment of ERUs purchased during one of the voluntary assessment <br />programs provided that the property remains undeveloped and/or service is not <br />available within two hundred feet of the parcel. Such relinquishment shall include a <br />refund of any impact fees paid only if service is unavailable within 200 feet of the <br />property. Accounts shall be brought current before allowing any such <br />relinquishment; 3. Modify County Code to allow for the relinquishment of ERUs <br />purchased at any time if the buildout of the property under the current <br />comprehensive plan does not allow for utilization of all ERUs affiliated with the <br />property. Unless the ERUs were purchased within the past twenty-four months, <br />relinquishment shall not include a refund of impact fees. Accounts shall be brought <br />current before allowing any such relinquishment; 4. Modify County Code to <br />accommodate the County reclaiming any ERUs wherein twenty-four months of <br />service availability fees are past due; 5. Modify County Code to provide a 90 -day <br />amnesty period that also provides the property owner an opportunity to relinquish <br />ERUs upon the account becoming current; and, 6. Direct staff to work with the <br />County Attorney's office to research the logistics of foreclosing on properties that <br />have excessive accounts receivable balances and enforcing the foreclosure option <br />moving forward. <br />Attachments: Staff Report <br />Resolution 87-142 <br />Vice Chairman Solari disclosed partial ownership of Reserve Accounts in Wabasso; <br />County Attorney Dylan Reingold confirmed that the Commissioner's interest was <br />small enough not to be deemed a conflict of interest on this item. <br />The previously presented Comprehensive Water, Wastewater, and Reclaimed Rate <br />Study identified several operational concerns related to Utilities operations; one of <br />those concerns was Reserve Accounts. Vincent Burke, Director of Utilities <br />Services, utilized a PowerPoint presentation to detail three types of situations that <br />needed to be addressed in order to maximize available equivalent residential units <br />(ERUs) and ensure adequate project funding. These included reserve accounts <br />where the maintenance fees had not been paid, accounts that had more ERUs than <br />could be utilized, and accounts that sought to relinquish their ERUs. <br />Vice Chairman Solari entered into a discussion with staff regarding <br />recommendation number 3 in staff's report which would allow certain relinquished <br />ERUs to be re -sold; he received clarification from Utility Finance Manager Cindy <br />Corrente on the rationale for the policy. The Vice Chairman stated the reasons for <br />his preference to return to the former system of crediting returned ERUs directly to <br />new users. <br />Commissioner Zorc recalled the case of Provence Bay where ERUs were <br />relinquished back to the Utility Department; Finance Manager Corrente confirmed <br />the existence of similar cases. <br />Indian River County Florida Page 14 <br />