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Board of County Commissioners Meeting Minutes - Final December 4, 2018 <br />A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, <br />to approve an amendment to County Code Section 201.09E, to allow the County to <br />reclaim any ERUs after 24 months of unpaid service availability charges; any impact <br />fees paid will be applied to the account balance and any excess of such fees will be <br />refunded. The motion carried by the following vote: <br />Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner <br />O'Bryan, and Commissioner Zorc <br />After a brief discussion, a motion was made to bring the proposed amendment to <br />the public hearing of December 18, 2018. However, due to the timeframe noted by <br />Attorney Reingold, the Board consensus was to have staff report back on <br />reclaiming the ERU's. <br />Postponed/Continued <br />Director Burke continued his briefing, proffering staffs recommendation to <br />approve or amend a draft 90 -day amnesty ordinance and hold a public hearing for <br />adoption on December 18, 2018. <br />Discussion ensued about issuing this additional amnesty period, in addition to <br />those previously provided by the County. Administrator Brown pointed out that <br />only customers who have not previously participated in amnesty are eligible for <br />the upcoming amnesty period. <br />A motion was made by Commissioner O'Bryan, seconded by Vice Chairman <br />Adams, to approve the draft 90 -day amnesty Ordinance and direct staff to hold a <br />public hearing on December 18, 2018 to adopt the proposal. The motion carried <br />by the following vote: <br />Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner <br />O'Bryan, and Commissioner Zorc <br />Director Burke next presented three options for dealing with the large Planned Unit <br />Development (PUD) Reserve Accounts with outstanding fees. <br />Deliberations followed about the proposed final settlement agreement wherein the <br />County would reclaim the ERU's and write off the bad debt; the potential to affix a <br />transfer fee to the ERU's that are reclaimed by the County; and the possibility of <br />using utility foreclosures as a means of clearing the large debts. <br />Indian River County Florida Page 12 <br />