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Board of County Commissioners Meeting Minutes - Final August 29, 2023 <br />Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, <br />Commissioner Loar. and Commissioner Moss <br />[Clerks note: Vice Chairman Susan Adams exited the meeting at 9:20 am] <br />B. PUBLIC DISCUSSION ITEMS <br />10.B.1. 23-0774 Public Discussion Request from J. Naclerio re: ECHB Hearing Board Fine <br />Recommended Action: No action required <br />Attachments: Public Discussion Request J.Naclerio <br />ECHB Order <br />Chairman Earman as a reminder stated the Chamber that this was a public <br />discussion item and that the Commission usually takes no action unless a <br />Commissioner wishes to bring it back at a later Board meeting. <br />John Naclerio, a resident, appeared before the Board to request a waiver or <br />reduction of a $31,500 fine imposed by the Environmental Control Board (ECB) <br />for a code violation. Mr. Naclerio represented his cousin, the residence's owner, <br />and explained that the septic tank in front of the house had gone bad. He stated <br />his cousin had been sick and had no funds to fix the tank. Mr. Naclerio stated he <br />had appealed to the ECB without resolution. He explained it took six weeks and <br />$10,500 to have the tank dug up and repaired. He stated that neither the owner <br />nor he could pay the fine as he had already laid out the money to repair the septic <br />tank, and the only solution would be to sell the house. <br />Commissioner Flescher stated an appeal process could not happen with the <br />Board and that Mr. Naclerio's only option would be to appeal to the Circuit <br />Court. <br />County Attorney Bill DeBraal stated that Mr. Naclerio had 30 days to appeal the <br />order with the Circuit Court. If he needed help, a paralegal was available to assist <br />with the notice of appeal and the various documents that would need to be filed. <br />Assistant County Attorney Susan Prado could not provide the exact date of the <br />order, but clarified that the ECB, which was different from the Code Enforcement <br />Board, did not have a specific time frame for appeals under Rule 85.427. <br />However, pursuant to the judicial review time frame, Mr. Naclerio had 30 days to <br />appeal. She noted there were multiple orders in this case; the second order <br />imposing fines had already passed the 30 -day limit for appeal, while the most <br />Indian River County Florida Page 11 <br />