1/25/1994 - Laserfiche WebLink

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BOOK 91 FAPE 5S8 v !► Mr. Click believed the proposed ordinance was inconsistent with the intent of State and Federal regulatory agencies, and he urged the BCC to lay it aside. Larry Braisted, Vero Beach City Attorney, recapped the comments of the people who spoke at today's meeting. He cautioned the Board that in adopting this ordinance, which involves taking away a legal and constitutional right to engage in an activity, it is the responsibility of the County to provide proof that the ordinance must be adopted for health and safety reasons. Even if the County can prove that the activity is unsafe, the County has a responsibility to choose the least restrictive method that fits the situation. Mr. Braisted argued that the proposed ordinance does not meet those criteria. Commissioner Adams led discussion about maximum permissible amounts of nitrogen and other chemicals in sludge. She agreed that sludge spreading enhances agriculture, but she was concerned about percolation into our water supply. She stressed that we must protect our water resources. Although she did not want to hurt any small businesses, she did not want the County to allow the spreading activities to run rampant. She preferred to franchise the haulers that currently are operating in this County and place restrictions on out -of -county haulers. She felt that the County should institute a zoning procedure and limit the spreading to agriculturally -zoned tracts that are 100 acres or larger. She reminded Mr. Nason that she asked him at the August 25, 1993, joint City -County meeting where the City was spreading its sludge, and he told her it was being spread in Martin County and a site "west of town." She felt she had been misled when she learned after the meeting that the site he referred to as being "west of town" was in North Gifford. She asked the Vero Beach City officials to be more specific when she asks them questions. She recounted that the Board postponed making a decision on this ordinance to give the City time to make plans for its own dry sludge facility, and now the City has decided against building that facility. She emphasized that it always seems to end up with the City doing all the asking and the County doing all the giving. Mr. Nason responded that if rates at the County facility remain at their current level, the City plans to use the aerobic digestion process. If the County reduces its rates to the point where it would more cost-effective for the City to use the County facility, then the City will do so. There being no others who wished to be heard, the Chairman closed the Public Hearing. 22