Just days after representatives for the controversial BS Ranch & Farm soil manufacturing plant near Lakeland withdrew their request for approval of an operational plan by the Planning Commission, BS has sued Polk County.
This is the latest even in a two-year saga that was worsened by Polk’s permissive development approval process and credulous approach to developer claims.
The Ledger reports BS is seeking an injunction to halt implementation of a change in the county’s growth plan approved unanimously Oct. 3 that reclassified soil manufacturing plants as a solid waste facility.
That vote overturned a unanimous vote the County Commission April 19, 2016, that, at BS Ranch’s request, removed soil manufacturing plants from the being reviewed as solid waste facilities. The effect of that change was to reduce the amount of review any soil plant would face in getting a development permit.
The plant’s owners seemed uninterested in scrutiny since it opened without receiving either county zoning approval or state environmental permits. All were issued after the fact.
The 2016 vote came amid glowing staff reports about how wonderful and benign the operation would be, its benefit to the county’s economy etc. etc. etc.
However, it became clear shortly after the plant opened that the PR tour didn’t reveal that sometimes there are odor problems. Even state environmental regulators had to step in and warn company officials they needed to correct the problems.
That led to the decision to reverse the 2016 growth plan change, especially after the commission’s attempt to resolve the issue were met with hostility and obfuscation by BS Ranch’s owners and consultants.
The discussion also led to the proposal to hold a hearing on the details of a facilities operating plan, whose lack was one of the key issues to emerge from a code enforcement hearing on the plant’s alleged violations of county codes.
The hearing officer sided with BS on most of its points, citing the county staff’s decision to let the plant operate even though it didn’t have all of its permits. Polk County disputed that finding.
Meanwhile, how this latest legal action will turn out will be up to a judge.
Two of BS’ claims outlined in the newspaper report don’t make sense.
BS claims it didn’t know about the county’s decision to change the growth plan. It occurred at advertised public hearings before the Planning Commission and the County Commission. It was no secret.
BS’ request for the injunction also alleged commissioners met in secret before the Oct. 3 vote to discuss it in violate of Florida’s public meetings law. No date for that meeting was mentioned. Florida law does allow elected officials to meet in private with their legal staff to discuss pending legal matters. The dates and times of the meetings must be advertised, however.