ARCADIA, Fla. — DeSoto County commissioners approved a controversial compost facility on Tuesday after months of heated public debate and legal challenges.
In a 3-2 vote, commissioners accepted a mediation agreement with Osceola Organics to allow the company to build a biosolids processing facility on State Highway 70, near the Manatee County line. The facility will convert treated sewage into agricultural-use fertilizer, according to the company.
WATCH: People speak against DeSoto County compost facility:
Commissioner Judy Schaefer, Commissioner J.C. Deriso, and Chairman Steve Hickox voted yes. Commissioner Elton Langford and Commissioner Jerod Gross voted not.
In April, commissioners rejected the project after public opposition. But then the company, Osceola Organics, filed a mediation petition that forced the county to enter negotiations.
County Attorney Valerie Vicente recommended commissioners approve the agreement to avoid a lawsuit. Vicente said if commissioners rejected the agreement, there are two options.
A special magistrate could issue a recommended mediation order. Or Osceola Organics could sue the county.
On Tuesday, commissioners voted on a new agreement with additional provisions, including:
- County personnel may inspect the site once per year during normal
business hours with 24 hours notice.
- The company agrees to limit incoming loads of biosolids to 30 truckloads
each weekday and to 15 truckloads each Saturday.
- The company agrees to construct an impervious pad for processing
materials at an elevation at least two feet above the 100-year flood plain
elevation.
- The company agrees to construct a three-foot earthen berm around the
leachate pond prior to commencing operation of the biosolids treatment
facility.
Commissioners expressed reservation about approving the agreement.
Commissioner J.C. Deriso said one of his biggest concerns is the smell. He said the company promised during mediation there would be no offsite smell. He asked Osceola's lawyer, Kate English, if that was still true.
"Smell is one of those things that's absolutely a nuisance and absolutely something that can be controlled," English said. "There are processes that can be used to limit the smell."
Several people spoke against the project on Tuesday night. Most of them were from neighboring Highlands County, which has a large compost facility. They warned commissioners not to approve the project.
William Thompson said he lives next to the facility. Thompson complained of heavy traffic, bad smells, and a large number of buzzards.
"Biosolids is simply sewage sludge," Thompson said.
Ken Keck of Highlands County also spoke against the project. Keck said the Highlands facility, located off U.S. 27, gives the county a bad image.
"Now, when you have visitors coming in from the west [into Arcadia], the first thing they're going to smell is this compost facility," Keck said.
English, the company's lawyer, said it was an unfair comparison. The DeSoto County facility will be smaller than the Highlands County facility, English said.
"This is not that [Highlands County] project," English said. "And we would request that you not, kind of, paint us with a brush from a national company, because that's not who we have here."
English said Osceola Organics is a family-run company based in Florida. She said the owner, John Arnold, welcomes scrutiny and feedback.
At least one person from Arcadia, Norman Kennedy, spoke in favor the project. Kennedy, who works in the biosolids industry himself, said the facility will bring jobs.
"Our river [the Peace River], it's already been beat bad," Kennedy said. "As long as they stay away from the waterways, I think it's worth it."
Commissioners negotiated in real time with Osceola's lawyer during the meeting. The company accepted another provision in the agreement.
It allows county inspectors to access the facility during regular business hours if someone files a code compliance complaint against the site.
Ultimately, the decision came down to the threat of further legal action. Chairman Steve Hickox voted against the project in April, but changed his vote on Tuesday night.
"Given the situation that's at hand, I think we'd be doing an injustice by not getting the stipulations that we've put through the mediation, that hopefully would make things, matters, better," Hickox said.
"The way it sounded and was presented to me that we don't have a very good case to win this if it does go to court," Hickox said. "And that's going to cost a lot of money to fight it."
Vicente said the county does have a a good argument, but there's always a risk in litigation.
"And that's what you have to weigh against," Vicente said.
