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Board of County Commissioners Meeting Minutes - Final August 17, 2021 Vice Chairman O'Bryan noted during his motion that he was interested in more information but could not guarantee his final approval. Attorney Reingold added that entities would be notified that proceeding to the next step was not a guarantee of County participation in the program. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman, to direct staff to set a public hearing to consider a Local Provider Participation Fund Ordinance on September 14, 2021, and draft a corresponding Resolution for consideration on September 21, 2021. The motion carried by the following vote: Aye: 5 - Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman The Chairman called a recess at 12:35 p.m., and reconvened the meeting at 1:05 p.m. with all members present. 13.C. 21-0764 Permission to File an Injunction Against Angela Piscitelli Recommended Action: The County Attorney's Office recommends that the Board of County Commissioners authorize County Attorney's Office to file suit in circuit court for injunctive relief asking the court to (1) direct Angela Piscitelli to repair the existing septic tank on the Subject Property; (2) direct Angela Piscitelli to perform pump outs as often as is needed until the septic system is repaired should the residence remain occupied or; (3) enjoin the Subject Property from being occupied while there are exposed sanitary and safety nuisances related to septic system; (3) enjoin the Subject Property from being occupied until septic system is repaired by a certified septic contractor to service the existing structures; and (4) direct the county to abate the sanitary nuisance and lien the Subject Property for the abatement of said sanitary nuisance. Attachments: Staff Report Complaint for Iniunctive Relief Assistant County Attorney Susan Prado presented background information on the sanitary nuisance caused by a malfunctioning septic system at the Piscitelli's residence located at 1916 79th Avenue. She recounted that after the Piscitellis failed to apply for financial assistance or take action to repair the septic system, the Department of Health (DOH) brought the case before the Environmental Control Hearing Board which directed the DOH to file an injunction. As the sanitary nuisance still had not been corrected, the County Attorney's Office was seeking the Board's approval to file suit in circuit court for injunctive relief. Under discussion, Vice Chairman O'Bryan questioned whether there was an alternate solution to achieve results since the property owners stated they could not afford the repairs. Indian River County Florida Page 25