HomeMy WebLinkAboutR-93-06 RESOLUTION NO. R-93-06
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING ITS NON-OBJECTION TO THE
RELOCATION OF MACHO PRODUCTS, INC., TO NORTH INDIAN
RIVER COUNTY; REQUESTING THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY TO ESTABLISH A
MONITORING AND ENFORCEMENT PROGRAM; AUTHORIZING AND
DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF
THIS RESOLUTION TO THE INDIAN RIVER COUNTY BOARD OF
COMMISSIONERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Macho Products, Inc. ("Macho") has announced plans
to construct a manufacturing facility in North Indian River
County; and,
WHEREAS, the proposed site is located north of CR 512, east
of Interstate 95 and is less than two (2) miles from the existing
City Limits of the city of Sebastian; and
WHEREAS, the gluing and coating processes employed by Macho
use solvents, methyl ethel ketone ("MEK") and toluene; and
WHEREAS, The solvents are called Volatile Organic Compounds
("VOCs") and can contribute to smog; and
WHEREAS, Macho claims it will meet or exceed all applicable
State and Federal regulations through a state-of-the art
incineration process; and
WHEREAS, The Florida Department of Environmental Regulation
("FDER") in December, 1983, found Macho to be in compliance but
did not reinspect the facility until 1988; and
WHEREAS, In January of 1989, Macho received notice that the
FDER believed Macho was operating in violation of Florida
Statutes and Macho was subsequently fined a minimum fine of $600;
and
WHEREAS, The citizens of Sebastian and North Indian River
County are concerned about the quality of the air, the water, the
surrounding environmentally sensitive lands, and the quality of
life of all citizens; and
WHERE~S, Macho will construct a 38,000 square foot plant
and employ some 120 people with an annual payroll of
approximately $2 - million.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Sebastian, Florida that:
SECTION ~. The City Council of the City of Sebastian hereby
declares its statement of non-objection to the relocation of the
Macho Products, Inc., plant to North Indian River County provided
the plant meets or exceeds all State and Federal regulations and
does not adversely effect the quality of the water, air,
environmentally sensitive lands or the quality of life.
SECTION Z. The city Council of the City of Sebastian hereby
requests the Board of County Commissioners of Indian River County
to establish a monitoring and enforcement program to ensure
compliance with applicable regulations and to submit periodic
reports, weekly if necessary, so that all citizens of Indian
River County can be fully informed of the affects of the
processing using methyl ethel ketone and toluene.
SECTION 3. The City Clerk is hereby authorized and directed
to forward a certified copy of this resolution to the Indian
River County Board of County Commissioners.
SECTION 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 5. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution
Counclmember ~..~-.
Councilmember /~~.
was moved for adoption by
. The motion was seconded by
and, upon being put into a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice Mayor Frank
Councilmember Carolyn Corum
Councilmember George G. Reid J~Z~ .
Councilmember Peter R. Holyk .....
The Mayor thereupon declared this Resolution duly passed and
/,
adopted this ~_~ day of ~~~ , 1993.
L~OF SEBASTIAN, FLORIDA
Lonn~ie R. Powell
Kathry~f M. O'Hallora~n,
CMC/AME, City Clerk
(SEAL)
Approv~~m and Content:
Charle~ Ian Nash, city Attorney