- April 18, 2024
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Editor’s note: In an Aug. 3 story on palmcoastobserver.com, Flagler Beach resident and Sea Ray expansion opponent Don Deal was mentioned by Sea Ray attorney Sidney F. Ansbacher. Ansbacher pointed out that Deal’s criticism of Sea Ray’s emissions was ironic. He told the County Commission that he had read the odor ordinance that had been drafted in 2001. “Mr. Deal was in the middle of drafting that ordinance,” Ansbacher said. “He was part of the group that grandfathered this corporation into the Flagler County long range planning board and city of Flagler Beach architectural committee.” This letter is Deal’s response.
By Don Deal
Guest Writer
At the time of discussion 15 years ago by volunteer members of the Long Range Planning Board, a number of us realized we had no industrial standards to protect the county from a major Hazardous Air Polluter such as a pulpwood mill.
We also recognized the fact Sea Ray Boats was also a major HAP. We felt that in order to develop an Industrial Odor Ordinance, to be fair to a major HAP industry in Flagler County (Sea Ray Boats), we would look to Brevard County, where Sea Ray had another sister operation. We felt if Sea Ray could abide by the Brevard County’s Odor Ordinance, why not here?
When we made that suggestion, we were meet with very strong resistance from Sea Ray Boats in Flagler County. We were somewhat shocked.
Nevertheless, we realized to get anything passed to protect Flagler County’s air quality from further odorous HAPs, such as a pulpwood mill, Sea Ray would have to agree to the passage of the ordinance. Thus, the recommendation for the “current” operation (not expansion) to have grandfather status 14 years ago.
Fast forward 14 years later. Sea Ray HAP emissions still rank as one of the higher ones in Florida. (They actually had a very significant HAP increase from 135,000 pounds (67.53 tons) to 178,000 pounds (89.48 tons) over a 12-month period from 2013 to 2014.)
As it turns out, in my opinion, Flagler County staff and/or Sea Ray’s attorney found a way to circumvent that ordinance's intent of "expansion" 14 years ago. By moving the industrial parking lot and the current industrial area where 18-wheel semitrucks with 50- to 60-foot-long trailers are being staged/stored with boats just off the production line onto another piece of property next door — and with a potential office to follow — they are not calling this a Sea Ray “expansion.” This is just another parking lot PUD. This certainly was not the intent of the passage of the ordinance 14 years ago.
In early 2013, Sea Ray received their Department of Environmental Protection permit to emit 498,000 pounds (249 tons) of volatile organics compounds in a 12-month period. About 60% to 65% is the ratio of Hazardous Air Pollutants to VOCs. Both are byproducts of fiberglass boat manufacturing.
Also in 2013, Flagler County requested a zoning change to industrial, with Sea Ray’s attorney present at the hearings, from conservation and low-density residential on the current land in question. It was turned down 5 to 0. Fifty-one people relied on that zoning when purchasing their nest eggs. I was not one of those.
Also in 2013, even though the industrial request was turned down, Brunswick Corp., Sea Ray’s parent company, made the decision to consolidate the Brevard operation to Flagler County to save $3 million to $5 million a year, according to a March 2013 story in Space Coast Daily. Keep in mind that this was done even though the industrial zoning was turned down.
As a result of this planned expansion, Sea Ray applied for and received a modification to their original permit of 498,000 pounds (249 tons). Their new “construction” permit was increased to 978,000 pounds or 489 tons of VOC emissions in a calendar year’s time. Now remember, Flagler County is not calling this an “expansion.” However, note page 1 and 5 of DEP permit.
A DEP representative laughed when I told him Flagler County did not call this an expansion. The DEP permit spells out exactly what they are intending to build on their existing industrial-zoned property. However, there is a problem. No room to build or enlarge these additional buildings. They are out of space, which they have stated on the record.
Does anyone see the parking safety issue on the horizon yet and the need to move the 18-wheel semitrucks with 60-foot boats on them and a potential office to free up production space to increase their pollution emissions per the DEP permit?
No one is against a safe parking area for employees. By saving this $3 million to $5 million a year by this one consolidation, it would be logical to assume this may create a parking issue at a later date.
However, what I personally am upset about is the circumvention of the expansion part of the odor clause by the county and/or Sea Ray’s attorney that was crafted 14 years ago to protect the air quality of Flagler County from more VOC and HAP emissions.
No one has addressed what will be done with the freed-up space by the relocation of these uses. We hear “perhaps” this or that, but a Fortune 500 company plans for these things years in advance. The modified 2013 DEP Sea Ray permit tells us exactly what is planned. More production buildings are coming to accommodate this expansion of HAPs and VOCs. In my opinion, this cannot happen until these other uses are moved.
What is more perplexing, even if this was not called an expansion, the county staff and the County Commission could have addressed this before the Future Land Use Map change. There were no entitlements to relocate any uses to the adjacent property.
Why are the Brevard County residents entitled to cleaner air than the Flagler County residents? If Sea Ray can operate under their HAP odor emissions ordinance, why not ours? They are both very similar. Yet not one commissioner wished to address this.
Yes, I am glad I was “called out” by Sea Ray’s attorney. I might add that Sea Ray HAP odors are not unique to Flagler County.
In closing, reflecting back 14 or 15 years, one can only wonder what may have happened to the air quality of Flagler County if a few of us did not have the foresight to recommend passage of an industrial odor ordinance years ago. I remember a few of the ones that are speaking out against us now; their position back then was, “A pulpwood mill smells like money.”
I think the air quality of Flagler County deserves better. As you will notice, many of the very large major air polluters are in mostly small counties or cities that lack pollution controls.
