File Ref. #134
a trt( c U::l~./t ~I t..B teF: /31'- Fef, / ~ 199 <t
MID-G~lLF NEIGHBORHOOD ASSOCIATION, INC.
COMMITTEE FOR DlfMP SITE ISSl IE
CHAIR: Harriet Feuermann, 249\ Meridian Av., Fl 33\40, tel.: 305-534-0038. fax: 305-535-2445. and
Dr. Mihaly Lenart, 2455 Meridian Av., Fl 33140, tel.: 305-674-8881, fax: 305-672-0260
February 6, 1999
To: Mayor Neisden Kasdin,
Commissioners,
1700 Convention Center Drive,
Miami Beach, Florida 33139
Re: Bayshore dump site, Resolution R7F of the City Commission Meeting of Feb.
3, 1999.
Dear Mr. Mayor, Dear Commissioners:
The Midgolf Neighborhood Association (MGNA) as well as individual residents
are on record for having complained repeatedly to the City about the Bayshore
Golf Course dump site. The City has not only ignored the complaints, but on Feb-
ruary 3rd, 1999, the City Commission authorized the City to contract Onix Florida,
LLC, as the successor of BPI, to operate the dump. This decision aggravates the
already intolerable situation and we ask the City Commission to please reconsider
this case for the following reasons:
1. The Bayshore Golf Course dump site is illegal because:
a) The stash site was established (i.e. moved from Chase Ave. to the current
location) in 1973 illegally since no public hearing was held on this issue and
the commissioners never authorized the City to use the Golf Course for this
purpose. According to the City Attorney, Mr. Dubbin (letter to Commissioner
Dermer, November 20, 1998), the City has no evidence of any authorization or
approval.
b) The resolution of the City Commission in 1989 to turn the stash site into a
commercial dump by contracting IWS (now BPI) to operate the dump was also
illegal because it violated the City's Comprehensive Plan.
c) The current resolution of the City Commission of February 3rd, 1999 is ille-
gal for it violates the ROS zoning of the Golf Course, as well as the policies,
goals and other applicable provisions of the City Comprehensive Plan.
d) Operating a dump in a recreational area violates environmental regulations.
PROMOTING COMMUNITY ISSUES IN MID BEACH
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Vice President:
Jane Gross
Treasurer:
Ron Felton
Secretary:
George Exposito
Membership:
Brad Hallock
Board of
Directors:
Bill Daavis
Frank Farmer
Bonnie Hallock
Steve Hermann
Wendy Jacobis
FrankKolbert
Jonathan Kroner
Bruce Macaulay
Fred Martin
Barry Miller
Jim Mullin
Tetje Vaisman
Linda Van Leer
- 2 -
) The current resolution violates the City's own written agreements hecause:
a) The proposed contract with Onyx Florida, LLC, abolishes all previous protective provisions
incorporated in the City's agreements under which BFI's operation was authorized. These provi-
sions gave some kind of environmental protection to the residents and the neighborhood.
b) The aforementioned provisions included:
· Daily mandatory removal of all material received at the dump site ("seven days per week, 360
days per year").
· No commercial vehicles other than the ones operated by BFI were permitted to use the dump.
· No "construction material, hazardous or other material, other than trash consisting of grass and
small tree clippings" was allowed to be dumped.
· There was no fee requirement foreseen for residents dumping yard waste.
· Penalty provisions for violation of these agreements were included: "... up to and including ter-
mination of the agreement to sublease the site."
(C.f.: Resolution no. 94-21222 of the Mayor and City Commission; Interoffice Memorandum of
the Assistant City Manager to Commissioner Martin Shapiro, May 14, 1997; letter of the City
Manager to MONA, May 30, 1997; letter of the City Manager to OJ. Diaz, March 26, 1997; let-
ter of the Assistant City Manager to MONA, Feb 13, 1997.)
3. The MGNA demands strict adherence to all protective provisions while BF! is operating the
dump site under the present contract.
4. The MGNA demands the closing of the dump site upon the expiration of the current contract
with BF/.
Sincerely yours,
,
P.S.: The Committee had only the weekend of Feb. 6/7, 1999 to contact residents. All the 110 resi-
dents contacted agreed with and signed this letter. Since the Committee was not able to reach most
of the residents on such a short notice, based on our previous conversations with them, we assure you
that there are many more people opposing the existence of the dump. These signatures indicate a
unanimous support of our demands.