ML20087M438
| ML20087M438 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 02/28/1984 |
| From: | Guthrie W AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20087M434 | List: |
| References | |
| NUDOCS 8403290304 | |
| Download: ML20087M438 (57) | |
Text
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MI AMI, FLOR 40A 33 t58 Feb. 28, 1984 W WR 28 A!!:r Atomic tiafety and Licensing Board f.[gkpg![ 9 Nuclear Regulatory Commission pC-Homestead City Hall 790 N. Homestead Blvd. Homestead, Fla. Gcntlemen: Apart from the technical matters involved in ccnsideration of the physical apparatus at Florida Power and Light Corporation 's Turkey Point nuclear power plant, this board or panel representing the Nuclear Regulatcry Commission is of necessity . concerned with the character of the operatc;;, Florida Power and Light. This file, which was presented to the Dade County Citizens Review Panel in November of 1982 and with which they have been unable to deal, not counting several cancelled meeting dates, will give l you an overview of Florida Power and Light Corporation's attitude toward its responsibilities and toward the state in which it operates. It is marked with colored clips, items A thru I, will take not lcag to review, and will surely convince you thr.t to license this Corporation to operate a nuclear power plant was a great deal lika giving Jack the Ripper a charter for a girls' school. Yours tr:11 y , r .
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M TAM t. FLORIDA 33t E 3 May 24, 1982 14 MR 28 A11:17 Mr. Jeffrey Berkowitz Executive Director CFFF.E OF S[cn. 5. Independant Review Panel DCCnEipu a sggyn Rm 1902 mRANCH 73 W. Flagler Miami, Fla. 33130 Dear Sir Florida Power and Light Corporation is now again operating the infamous Cutler plant, and again in violation of the terms of the permits issued by Dade county. In rewiewing years ed official documents concerning the Cutler plant it has become clear to me that FPL has corrupted Dade County officials and official bodies, effectively preventing enforcement of the terms of the permitsand forestalling revocation of those permits. Florida Power and Light has done this for over thirty years, and I can document this charge at least a dozen times. The arrogance of FPL management and their willitigness to invade our homes any hour of the day or night with stinking effluent from their too short smoke stacks and any hour of the day or night with their noise now bringe me to drop tay long time plea that they be comp-ciled to comply with the terms of their permits. I now join in the demand that FPL's permits te operate the Cutler plant be revoked. I enclose just a couple of instances of corruption as shown in clips. One, at about mid-point in Cutler's opera-tien, was the voting down of a resolution that FPL be compelled to comply with +,he terms of the permits. Such a resolution was itself a revealing thing. The otherinatance followed' demonstration of FPL's nastiness and contempt for residents old and young. A Metro cfficial, a'Mr. Luck, was boxed into witnessing proof that FFL was willing to shit in the neighterhood recreation waters to save the cost of a legal installation. At conclusion of proof Mr. Luck APOLOGIZED TO THE PLIJIT MANAGER saying "I'm sorry, I couldn't help it, there was l nothing I could do". j I wish to review with you or the full panel a large I number of documents relating to FPL-Metro-Cutler. l 9 l s : C %
m .- MM f .. FOREWORD This document offers only a minuscule percentage of the records of 35 years of struggle over the Florida Power and Light Company's Cutler plant. The pattern of activity with respect to officials and official bodies was set in 1947 (note Section I, letter from ihe Chairman of the Dade County Zoning Appeals Board: "Then the pressure started, such as as big corporations can exert, and we yielded...") and it continues to this day. The Independant Review Panel cannot restore to us the years lost in turmoil and trouble over the Cutler plant. The Independant Review Panel cannot call back those long-gone individuals, some dead, who, for whatever reason, chose to ignore the legal requirements of their public office, The Independant Review Panel can, and I believe should, call for the revocation of all Dade County permits for the Cutler plant, that our neighborhood may at long last enjoy the status its zoning should have assured: RESIDENTIAL AREA. td e-G 4 _ , , , - ..n -. .
M 9 . From Webster. CORRUPT- Changed from a state of uprightness, correctness, to a bad stater vitiated, debased, perverted. To draw aside from the path of rectitude and duty, to induce to wilful unlawful conduct. PERVERT- to cause deviation from the right, true, or regular course. "To pervert the ends of Justice". To misinterpret or to misapply intentionally, d&signedly. 4 3 e e 9
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/. Items pertaining to the report of the Dade County Zoning Appeals Board (ZAB) Comittee in 1964 concerning the application
- of the Florida Power and Light Company for expansion of the Cutler plant. Copies of pp. 3, 4, 34, and 35 are attached.
I In two letters, one from the vice president of FPL, to { the Zoning Commission dated 1947 (copies attached), FPL stated l that its proposed Cutler plant would be similar to one in Sarasota, of which they encleced photographs. Among other things, the machinery of this plant was completely enclosed. On pp. 34 and 35 of the ZAB report, the ZAB Committee's version is that "a verbal reference [toSarasota)wasmadein 1947 by a representative of the Florida Power & Light Company."
"We feel," they went on "that possibly members of this
@heCutlerresidents]Associationintheirzealtocondemn the activities of the Florida Power & Light Company, might be attempting to project an imaginary fragmentation."
l On pp. 3 and 4 of the ZAB report, the ZAB Committee acknowledges the assistance of certain engineers. In The Guide, Jan. 8, 1964 (copy attached), the chairman of the ZAB Committee notes that "three engineers from Utah, Pennsylvania and California, who were houseguests of ZAB committee member Frank Reynolds, were gracious enough to help us free of charge in our evaluation." In the same article, the chairman claims to have paid for the report (favorable to the PPL expansion) out of his own pocket.
A. (2) In the M_lami Herald, Jan. 12, 1964 (copy attached), the president of FPL states that his company picked up the bills for the report. He "said it's nothing unusual for a private applicant to help prepare an official board's findings." .
- 1. Who paid for the ZAB Committee report? The FPL, as its president stated?
- 3. How fortunate that engineers from all over the country just happened to be houseguests of a ZAB Committee member.
3 Why were documented FPL representations concerning Sarasota downgraded, in the ZAB report, t2 " verbal references"?
- 4. Why was an FPL exhibit, the photographs of the Sarasota plant, described as photographs " produced by the (Cutler residents) Association"?
5 Why did the ZAB Committee, again in reference to Sarasota, suggest that the Cutler residents were imagining things? NOTE: No one ever claimed Dade County required an encloced plant. To get their first permit, FPL represented that the plant would be enclosed. 9 OM
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DETERMENATION OF THE SPECIFIC ALLEGATIONS AS TO NEGLECT AND OPER-ATIONAL VIOLATIONS OF THE EXISTING RESTRICTIONS AS BROUGHT FORTH - BY THE SOUTHWEST AND CUTLER RESIDENTS ASSOCIATION AND THE OTHER OBJECTORS IN THE AUDIENCE. We have made a historical investigation of the complaints that we were able to obtain from this Association. Mr. Grogan has indicated publicly and in writing that the Florida Power & Light' Company over the years has broken many promises that they have made. The only single requirement in Resolution No. 2615 dated September 3, 1947 which appears to have been ignored relates to the landscape of that area on the south and north sides of thir property. Again - in Resolution No. 4177 dated February 27, 1951 relat-ing to the addition to the power plant, this action,was reiterated and the work has never been completed. We feel that this should be a very specific lequirement in the consideration of this application. It is apparent to this Committee that considering the extensive work performed by Mr. Voss, as previously indicated in this report, that the Florida Power & Light Company intends to rectify their past errors and
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further intends to supersede this previous commitment in land- - Naping the entire area of the Cutler Plant info a park designed , facility, which all of Dade County can point to with pride..
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The third item of objection is that the Florida Power & Light Company is receiving undue and extraordinary treatment on behalf of the Building & Zoning Department. We have attenpted to the best of our ability to find in what areas they have received this preferential treatment. It appears to this Committee that the Florida Power & Light Company, as a corporate entity, is being received by the Department with the customary courtesy afforded t l any person in Dade County. There has been no extraordinary pro-o cessing of this application and to the contrary, special invest-igation has been made in all directions toward the consideration , l cf the ine.ediate neighborhecd and the public of Dade County. l l l It is, therefore, the conclusion of this Committee that in only one case has the Florida Power & Light Company been derelict in their obligation to the community, and that they have now evidenced sufficient constructive action to ensure the Dade County Building & Zoning Department that this will be immediately rectified. 1 1 _. __ __ - . -O
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- m .se Detumination of the noise emission from the plant operation
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7. with particular emphasis upon the public paging system ard boiler' blow-off valves.
- 8. Determination of the feasibility of providing a substitute I I
fuel mixture in lieu of the Bunker C type fuel presently pro-l posed.
- 9. Determination of any necessary preventive and precautionary measu'res to eliminate spillage of oil in the barge canal during fueling operations.
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- 10. Determination of the specific allegations as to neglect and operational violations of the existing restrictions as brought forth by the Southwest and Cutler Residents Associa-tion and the other objectors in the audience.
- 11. Determination as to the availability and feasibility of requiring ,100% gas utilization at the plant.
42 Determination of the effect of the expansion of this plant
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upon future industrial expansion in Dade County with specific thought towards the econ mical fcacibility and availability of future power. l l The members of this Committee made intensive study of the above captioned problems and independently visited the plant site and
- _ the nearby r'esidences of several of the rnajor objectors who appeared at this hearing. The following report has been submitted by the individual members of the Committee and by the independent consul-tants who this Committee utilized for the conclusions indicated in the determination of this report.
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p'* ~ ,1 At CFFICIAL Lietro zon. * .: !; - ' Ing meetings. residents told 4 statiing stories. ..i- 7 '. 77,l ObjectNSQaim New Plant Wi11 Pollutt \ Henry .Tratford, an; ee'gt. ,' S W. ' .. . ,. a - 7 'tl}': W ' ' s,'%
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neer and feraser teacher at a *- . . ^ Quick said his office ha i
- swered: "We don't have any conducted " background" tes< ;
ptvate tald sulphur seheel near dioxide the plant concentation."' w ro t e In- land down there." poHation p oss Dade, revealing a firmed blue foem on screens dustrial Waste Director Vir, eyyp*[erage of .002 ppm and cent D. Patton to the pom ar w. g__ 'e enum of .007 ppm. H7 said' stockings worn by m wom:n teachers sometimes company. **Ihat's too much," assd M M N would disintegrate. he sald when interviewed. ' 'M[ing,. ,, y three tir..ss th;. HoscablQuick s6
%s sulphur dioxide was in maxhnum, begins to affe<
stae:t gas f rom the oil-fired Then,last Sept.17, the day ' w w Chairman follsge and sometimes can 1 boiltrs. A power compny of Zoning Appeals Board Dmmittee detected by a person standir spokesn an sah! the fuct oil meeting to dccide the issue, a b!artin Woclin said it hadn't contained 5 per cent sulphuf. telegram caum from Patton. been necessary to seck feder- outdoors. ,, al surveys of Possible poUu-I2 answer to eeniplaints
- The t e'le g r a m said the tion from the plant. ,, - ,
FP.tL switched to gas. burn
- FP!4L plans are acceptable Dade Po11u tion Officer tng billers. -based on **santpling. data P.obert Quick said his first pMS 10 trustee for the old submitted to this agency" Imowledge of the Zoning
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.E.8 Qs O gOf Charles Deedng properties the report was already print-complained that pine trees . source of the samplings.They wilted, died. He fears more came from older plants, in ed and '
"Martybound. (Woolin) handed WOOLIN denied .that o Will ' '
different settings, and from me a copy a day or two be- jectors got a continual brus: ' Another foe -said ' steam- the power n'en themselves. ' . fore the meeting. I looked it ogg. during . his committee blasts can blot out .a tele- Hours of wrangling later. . over (48 pages) and said it three. monthGrogan,study. a la6 phenicottarsation altogether, looked like a thorough job," William and make you hrR your cars. - the Zoalog Board voted a 90- leader and resident. of tj
- Paint on bu!! dings lasted a day defernment for an abso- Quick Quick said. was asked by %e Cutler Plant ares, said Wo<
year, no more, one said.
.lately thorough and "tado.
pendenta study by esperta, Herald if he had expected to in's coar.nitta= care f uIJ And the most reevering including federal authoritics,deliberations. be included in the earlfer avoided hearing his obje Quick paused
- tions. and passed over char Esa ern Air Lines pilo said A seven-man zoning sub-In e e !a t thst all things coustdered, the committee tock. Charge. Ultl. .1 Grogan, la seething letts mate'y, it produce 4 an elabo-ve.r.sy. ,.p ..peppered he said, "I had to the governor and detua' pts.nt cow 1d drive 3 ou nuts &y m ,c; w, f rate 43.page report AIW3* expccted to te consulted, all forother grand top jury officlah, probesca a preske ho$Ms,therkf CmneJW s a% A[,,,,3ps." -
other lavestigations. He n were proclems *But they ~Nd ik L= wit:iged n:t * * *
- e a p e o f a11 y trate over t have been exaggerated," he e n - : n y - 6ekid Ana".ht!b ' %, .
state's change in pos!tton. 1 said, over and over. Object ~rs, form-d into the T. '"*"*t***h a~b .OM1013 has $wn tMmony to 2 Attorney Llchard Genteir. Southwest and Cutler Resi- P t?The1otrtt "a*-* M ODvoted Y T{j"p s, wg dents Association an.1 other 11.to-12for da:: proval of the v v .u L . s
%,* P M M hmg mh m M groups, say on the record zoning modifications the pow-that they fear FP&L didn't et company needs. WHEN SULPHUIt dictidt said. "One man said it v learn enough from the past Francis (Mike) Calhoun Jr. hangs heavy in the air. ym criminal for us to accept d:
hearings. said nay, not satistled the can taste it on pur torgue. from F1orida Power a plant couldn't go to a more Lesser amounts don't hurt L ght. But we don't have i f'l
- humans too much. but p' ants people and the money to :
FllM UlVO6 remote spot-succumb easily, Quick sald. He explained that Dade's our owr. tests." FP&L Presider;t Fite s new pouution,reinance, ef. he would de most 3 ppy
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., fective last hIay, limits sul" use all gas for the new p!
phur dioxide to one tenth of el minating the p n1!u ti FLANS FOR a plant three , one part per million parts of tussle. times the sire of the present 001' W7T OI,61 matter in the air over an But, he said, this wo i one again call for the use of eight.har period of readings, require a larger natural , f i ' system. And this, in tu fust oil - 16.000 barrels a Fite said the plant ceuM The new power plant would would require p e r m I s s 1 day. De cil would contain not be located in western ,,nd out six times thet much from the F e d e r a1 Pc' I?ss than three per cent sul- expanses of the county te- - or .6 ppm -- according to Commission. De possibil phur. cause oilbarges, two a day or the state's original figuring. of cutting enough red tape l mere, must be able to deliver FP&L's data that reversed get more gas is not a lik On the first go.around, the fuel right to the piant. I state predicted a ground level Asked why the plant the state's positka showed one in the years ahead,31 concentration of suIphur couldn't go on bay frontage only .04 ppm actual readings said. Objectors say the obyl dioxide of 77, parts per mil- farther south, perhaps where from existing plants else- answer then is to put lion. "Which is a rather h!gh Seadade is planned, Ftte an- where, .
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We are pleased to submit he ge;rtn for y<o consideration our application for the erection of a modern steam lectric power plant upon lands in Dade County, Florida, as eviden ed by the at-tachment of Drawings No. B-10968 and No. A-10804 and described as , follows: S) of SN} of Section 24, Township 55 South, Range 40 East. The rapid growth of Dade County and adjacent areas has created such a demand for electric power that it has become urgently necessary that such a plant be erected as soon as possible. It is highly desirable, and in the public interest, that the plant be lo-cated adjacent to the Greeter Miami Arca in order to provide the re-quired capacity and reinforces our existing facilities to such an extent as to provide maximu:. degree of continuity of service during high winds. Also, in order to furnish the most reliable and dependable electric service in the most economical manner to the maximus benefit of the public, the plant should be located as naar the conter of the electric load as possible. The proposed locatica fulfile this require =ent. Plants of this type must be so located that an adequste and dependable supply of water is available for eximum efficiency of oper-ation, and also be accessible to wator transportation to facilitate l the handling of fuel oil. Before contracting the purchase of thia l property, we carefully investigated the entire coastal area from the Broward County lino to the south end of Dade County for an available site which woul(be suitable for our purposes. With these consider-l ations, the abovW tract is the propor and logical site. I
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v .. 1 Dade County Zoning Commission June 23 1947
=u - wnien:Tlave!heYtWdisl%eeh VsuYsfEted%N that the pro-I [d!N'pMOfMf4:tieI4t'f; p int"1&in"aji,63alHiiis'f*51armonious with the ,
surroundings and the grounds will be landscaped and beautified with attractive trees and shrubbery. . We wish to assure you that we will fully cooperate with the County in its road building program and, if nacessary, we will dedi-cate appropriate strips along the bou'idaries of our land for such purposes. Tie will also extend our efforts to fully comply with any governmental requirement relating to the design or construction of the plant. We also wish to assure that we have, or can obtain, all necessary priorities to enable us to promptly procure the nterials required for this construction. As soon as permit can be obtained, we shall procaed with such construction with due diligence and with all convenient speed. We cannot over-emphasize the immediate public necessity for thia improvement and trust that you will grant the approval of our application as early as possible. - Icurs very truly
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Re: Proposed Stecs Electric Plant On
, Sh of SUh of Section 24-55-40 In further connection with the above mtter, and for your informtion and the information of others who may be inter- .
ested, we wish to advise thc.t the approximate hsight of the chimney atack win be 150 feet, the approximate height of the water tower win be 140 feet, the appmximate hei6ht of the - bunding win be 65 feet, and the appmximats height of the oil storage tanks win be 32 feet. ' We also wish to inicm you that the latest modern devices for the elimination of stoko will be installed, and we feel safe in assuring you that there win be no smoke. Also the plant will be so constructed as to be practically free from noise. . I'rWhive hecstdlis subMthTfo%ili p1E hre<or a~~~~ M ~? I'~~"$19?'.9f"'.*[fs".M.fnJ#.^*? p 5Uch Plant is- in"the her-rt i
---w r.twrelty-in the 2. neciate"ricinity of tho =unicipal audi-torium, and in the ir=adiate vicinity of many fine residential properties, and has been in operation for approximately two years, and we have received no co= plaints whatsoever concern-ing ita exi.stenca and operation. lie have, howevot , re ceived many complimntary remarks as to its appearance r.nd operation.
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1 B Items concerning a meeting of the Metro Dade County ~ Commission in 1963, in which they voted to make FPL comply with the conditions concernin.g smoke and noise that were laid down when the plant was built -- and then reneged.
- 6. Why did the County Manager object to the outcome of the vote?
7 Why did the Commission then renege? Attached are copies of the Miami Herald, April 3, 1963, reporting this meeting, and a transcript of the official Dade County tape recording of part of that meeting. l l l
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6.B THE 31L011 HERALD' Wednesday, April 3.1963 e A
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Commissioners v o t e d to ,- ,
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$ pg M ordered
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.s-County.Mansker '3fcNayr to' * - -
G . " ' ' .y 0 1, e see that the utility complies- t with conditions Jata down 16 1 ' ' L 4 6 years ago when the plant'was D' ,
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call vote was ordered. , ..:thIs" sa1d Commiss'oner t "Unfortunately 'you cannot Winston Wynne.' "J et's go treat 'everyone alike." the about it so that.our staff is , county manager'said. "I real- not instructed to enforce the.~.y
. ly don't believe you wan t to law." r IF.C
.- force the issue to the poht . Commissioners H u g h'l a n where you say
- comply or close Long and ' Chuck Hall stuck i down.',I, don't think this is pos.* It out th'ough r the roll call In i sible. . ? voting
- for a crackdown. It :
C o u o t y Attorney Darrey was beaten down 112. O. . Davis salJ he felt that the m ._ -- . county bad also ratified the way the plasit was Lullt - desg4te the 1947 conditions -} by approving espansions to the plant in the 50s. ,
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**+ sf The voice vote was that FPL should comply with the representations that they made in order to get the permit, as well as with the terms of the permit. _
Attorney Davis' reasoning that subsequent additional permits put the Commission's stamp of approval on FPL's record is extraordinary. The same reasoning was to be applied to the later permits which called for an end to the smoke and the noise.
Pcgo i No. 2 Boyd We appreciate your coming Mr. Guthrie. We think it is the feeling of the commission that Florida Power and Light Company be treated as any other citizen. And in the agreement that they signed originally, it is the sense of this commission that they be required to comply with that religiously as if they were any other citizen of Dade County. And if anyone disagrees with that, that's our agreement. Mr McNayr (With alarm) GENTLEMEN! I want to make clear i what you are saying here. Are you saying that we shall take action against Florida Power and Light Company to compel them to conform in detail with the.... Hall (Loud) I don't think it would be a bad idea if you did. I might suggest. No.O . McNayrs You have made the statement and certainly no one can di:2 gree with this theory that we treat all industry and all people alike. Halls Right. i<cNayr It has been my experience over the last 20 years that this is a well nigh impossible thing to do, and ; still treat people fairly. You cannot treat them alike-this is a major plant that we are talking about down here ) by an outfit who serves this whole state. _ ~_ eege h W %
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Page 2 No. 1 ) McNayrt It is .my belief that they are taking and have been taking all those steps necessary to come into conformity
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with uh uh I I would be the first to grant that in this case add in every case that I know of a manufacturing plant ~uh there is difficulty in bringing them into strict conformity with air pollution, certainly there was in this case uh in the matter ofnoise- the whole ' matter of telling a plant of any kind effective of such and such a date, you SHALL meet these requirements or else I don't know what your "else" is going to be. e
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i l C The Dade County Director of Building and Zoning, R. F. Cook, had extensive knowledge of and experience with the problems associated with the Cutler plant, as shown in the attached letters, which cover a time span from February - 1951 to october 1972 -- over 21 years.
- 8. Why did he balk at enforcing the terms of the permits which it is the function of his depsrtment to enforce? Why, ten (10) years after the first letter of complaint, attached, did he still feel he needed more time to determine whether there was a problem?
Note particularly Cook's letter to Guthrie, May 1,1961.
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m .c:2o m PAETROPOLITAN DADE COUNTY FLORIDA 5 357 N.W. IlTH STRE ET BUILDING AND ZONING D Wl AW135. PLORID A - MENT
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Dear Mr. Guthrie:
l'1 WH 3 O M As indicated in our letter to ycu dated March 31, 1961, we, at that time, had cc=enced a survey and investigation of the smoke and noise situatioit - in connection with the operation of the Florida Power & Light Cutler Plant. We are still continuing that survey with departmental personnel and such out' side assistance as we feel is warranted and justified. In orde.r to deter---- mine conclusively, if possible, that the smoke and/or noise situation is [ or is @ creating a ~ degree of nuisance which can be proverL.f.o conflik 'l Q t!ItT1 standards for residential areas, we must have the time, and take those {CJ cx steps, which, in our opinion. wi'L. accomplish what we are attempting to do. y$
. ' Res t ass.n ed that wa are proceadirs with what we feel is the proper approach --
to this matter as expediously as possible, and as previously inds.cated, we * !, r 1 will notify you of the outccme when we feel we have arrived at a conclusion.
. ...i If our it.70stigations ha evbeen completed by the third week in May, and con- r .,
E .] clusions reached as to what action, E a:./, should be takan, wo uill notify G
- , you as to thase conclusions at that time. zu
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Dear SLis % .. .... # ' " f . . Thank you for your notice regarding hearing No.12 on Monday, - Fobruary 19, 1751, regarding the application of the. Florida ' I Power & Light Com;my for Special Permit on Sk Sal, in 3sc 24, Twp 553, age 403, for the insta11ction of an additional . 75,000 KV electrical Unit generating plan
- i Before thi*s new unit and smoke stack is. built wo feel the *
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! present plant should be perfected and silenced. For the past
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' an annoyance and there is hardly a psriod during the day, or night } -
that a rumbling, blowing or hissing noise is not forthcominge . . The stack actually howls, especially when loads are taken on or i off the mite Ths Florids Pever & Light'Co:peny admit tho stack is not perfoot, and they nave t, rich emd, we understand, are continuing t.o try . - to quiet it. To add a new Unit and stock until the presor.t enon - are perfected and silenced would be dning a great injustice to this conmunity. .
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In view of tha above, objecticn la cado to the now generating plant and stack until the present conditien is corrected. Thank you for your consideratten. Yours very truly, , h - . ,
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Re: Eearing No. 25 p/ + 4,,I sp, .
Dear Mr. Cook:
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Thank you. for your notice regarding Hearing Nd.' 25 installation of additicnal 75,000 IG ele *tric unit,.-for at the Cutlcr Plant of the Florida Poc<er and Light Ccti-pany.
' Objection is made to this additional installation for the follouing reasons:
At the February 19, 1951 hearing (No. 12) the Florida - Poser and Light Company promised to quiet their existing plant as soon as the No. 3 unit was completed. This has not been done in a saticfnctory manner. We understand that only' about one-third of the ;;ork has been done. The noise from the Plant has been very objectionable for the past four and one-half years. At times it :.ounds like a refrigera-. tor that should be replacri - a nucber of freight cars going over a rough road bed - and worst of all, like a hurricane howling over the ocean. These noises aren't as intense outdoors as indoors. In order to endura this nuisance the windovis in our home ' that is the ones facing the Power Plant - must be kept closed nine-tenths of the time. It is possible that noise from additional units will be heard from a greater distance, thus annoying other neighbors. The building of new homes in the immediate area of the Florida Po.ier and Light Plant is stagnant. We are in favor of progress but at the ecst of constant noise is another thing. We knoa .Viami needs this Plant, buc pleas'e - insist on present unit. the Florida Power and Light Company quieting their ' We realize that the inconveniences, such e.s noise, etc. in the construction'of the new Plant are unavoidable. However, 7:e would greatly apprecirte thatever pressure you can bring to see that the employees of the Construction Company and the -~ Florida Poier and Light Company use caution and drive at a mcderate rate of speed ahen they leave the Plant at 4:30 P.M. An executive of the Florida Po.cer and Light Company admitted that he, too, felt like diving for the high bushes! Thank you for your help and consideration. ,, v ours very truly, < __ _ 4 :) . __ MJ
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METE 2PO.L.HTAN DADE COUNTY . FLORIDA isstu.w.iirnsrasc7 BUILDING AND ZONING DE PARTMENT MI AMI as. PLomID A raanxtiu 7-irts a March 31,1961 , Mr. 11. L. Guthrie 6960 S. W. llith Street Niami 56, Florida
Dear Mr. Guthrie:
Regret that I have not replied scener to your inquiries concerning, ~ the operation of the Florida Power and Light Cutler Plant. . Since ry conversation with you, I have reviewed all of the files ' concerned with the establishment and enansion of tne plant. . I have visited the crea tuice (at night) and we are having our Chief Mechanical - Inspector go over the plant, to deternine what phases of the reconnen- - dations of the J.rnour Research Foundation have been completed, what is yet to be done as it applie- to tha original units; and whether the sanc protr:n han bon applied to the new units net covered by the original report. w'c are chuking to detcrnice what part cf the facility is operating on natural gas end what portion is still oil operation. We are further attempting to locate instruments wherc'oy the intensity of the smoke and noice can te determined en a ccientific basis and the resul'ts conpared with :tandards of t-alerance as established nationa14 At this point we do not have any indication what the result of this investigation will be, out we will proceed c.vpiditiously and notify you as to the outcome and cf our position in the matter as a result of the investigation.
,,, Yours truly, 6 0- b R. F. Cook,. Director Building & Zoning Dept'.
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! tiami 56, Florida ~ april 10, 1961
.ar. H. E. Cook Director auilding und Zo,nihg Department Idetropoliban Dade Uotaity 1557 L w. 11th street alani 35, hlorida
Dear er. Gook:
T)!!Nk you fo: your lettop dated lanrch 31st. will you pletse advise as whe1her the " standards of tol- I erance as established nationally" to which you refer are for induetrial operations or for residential areas. if the latter, would such. a scand.<rd be acceptable, for *sxample, at 1152 souta Greenway arive, woral Gables? . If nacional standar.'s of toleranco are to be your guide, then I ausgest that a nationally recognized acoustical Jld,rm
- such as Bolt,beranek and Newnan, of Canbridge,..assachussetts would be qualified to assess the nuisance sainesined by the .
Florida Pocear and Li:;ht Gorpani. If the cany complaincs frarc. r3sidentn in this area Mp:out We aoise and a aoke, and the c:tny rer:uests far doivn- rrill?ts of zoning on adhcent pr]perties are an; aufficient cause Q , action on jour pa2.0 to co _pcl the Flori-12 Pe.:er In3 Ligg,s Cars!
;c.ny to c31. ply .sith una ;cras of tceir ,orcit of li;51 and 1953, cnese :ploysent of an autside a3e::c7 is in.'icaded.
T..e pe. cla of 1je7 for th . origin.tl pl.ut was never even used c/ the por.er coapany, in that their structure rias a con-plece departure froa cheir exhibits and coa:.icseht; co che county com3.saioners. A3 IUill.i er hE. obserted, FFcL "...cy onit-ting walls .tn. roof, aaned consid.erably an cunatruction casts." 13y co pelling che II&L co.ap.my ca .:..: s c u air co. ct s:.:ancs , jeu will be cain5 a ucrtice for respoaan la In'.:uctry in Muth Florida, as ell as fe,r che ca.a:. : uicy 1irge.
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.I 6960 .L % 1% street Mr. R. F. Cook, Director Building and Zoning Metropo.litan Dade County 1357 N. ff lith StreeC Miami 353 Florida gp g gg.,,s s5mrL eE::M?;
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stetiNt;emfrIsa rczn. g- m m: m _ ou stated deternination to fMicho-lbbFsIM'psM#sineXsdhalMeV . hether or not the Florida Power ec.d liisht Compuy maintaina a dirty and noisy nulaance in the residential area at Cutler, of such nagnitude as to be in provaable conflict $ th residential area standardo, and to notify me of your iinding;o.
.t As the plant continues a nuisance, will you kindly e.dvisie a ao of your pooltion in the natter.
If you canno; reply within the wook, I will consider your definitive letters of i.tarch 31, 1961 and May 1, 1961 to be final and four correspondence filo closed.
. Sincerely, W. L. Guthrie
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Dear rr. Cook:
Ca July 25t'a I spoke with tr. Marshall 1:cDonald, president of the Florida Fower and Light company regarding the noise and dirt from the Cutler plant. He advisad no that they had engaged La eng.uering f ra 'w . oview diu operataon, and that "the dust w:.s r.:rJ.ly gu_ng to fl/N It has been flying since the plant started operation. And no lorgar da:. C.irt./ ronuta ag I choc.:od at both the corner of 14.t.h M. -nd /.'ta i.vo. (pal.ietto Road) and at 152nd. street and Palnetto. At both locations, which are far to the we it of q has, t:.a plant could be heard grinding away in violation of the permits under which it operates. . In 1961, e.fter 13 years of continuous noise and dirt on a twenty four hour a day basis, after hearings directly concerning this plant, after countless soning hearings stonning directly from the nuisance, you wrote as follows: 0.: In3cated in out letter to you dated March 31, 1961, we, at tnat tine, had concenced a survey and investigation of the snoke and noise situation in connection with the operation of the Florida Fewer & Light Cutler Flant. he ate still i contfnuing that survey with departmental personnel and such outside assiste. nee as we feal is warranted and justified. In order to determine conclusively, if possible, that the arcke and/or noise situation is, or is not, creating a degree of nuisance which can be proven to conflict with standards for residential areas, we must have the time, and take those steps, which, in our opinion, will~ accomplish what we are
- attempting to do.
Rest assured that we are proceeding with what we feel is the proper approach to this matter as expediously (sic) as possible, and as previously indicated, we will notify you
of the outoome when we feel we have arrived at a conclusion. If our investigations have been completed by the third week in May, and concluaisna reached as to what action, if any, should be taken, we will notify you as to there conclusions at that t9se.
- As of today, September 15, 1972, I have yet to hear from you on this matter. And this is a problem, for, as we in this neighborhood face yet another zoning battle stensning directly <
ibert the nuisance which is the Cutler plant, we are denied the right to present your letter ad an indication of the kind of surdce no get from the county, on the grounds the correspondence is too old. The noise and dirt get pretty old, too. I renind you the Florida Itwer and Light Compeay obtained the variance to operate this plant in a residential area thru a series of untright lies, that they represented the plant would be in a building, that subsequent enlargement parnits specifically called for quiet operation, to which they agreed. I ronind you of the hearings which filled the Lade Ccunty Auditorium when Florida Power and Light conpany wished to father rape this neighborhood by putting the capacity now known as Turkey Point at the Cutler site. I remind you I have in the interim sued the company, which gi settled out of court. how business and new problens demand our attention. The Cutler
- nuisance has persist.ed twenty four years and continues a source
, of nore problens.
Ecu rnich tico trill you need to complete your investigation? And what are the standards for noise fYon a power plant operating on a variance in a residential neighborhood? Yours truly
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- b. L. Guthrie. '.edIafauu 4 ail cc 12. Ray Goodo .
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METROPOLITAN DADE COUNTY FLORIDA aooM 7oi 135 9 N. W. 12TH STREET BUILDING AND ZONING DE PARTMENT M4 AMT, F LOR IC A 33125 October 4, 1972 - Mr. W. L. Cuthrie 6960 S.W. 144 Street Miami, Florida 33158
Dear.Mr. Guthrie,
We have received your letter of September 15, 1972 and have referred the matter of air pollution to the Pollution Control Department (see copy of memo attached) the department which has jurisdiction of air pollution con-trol under the provisions of Dade County ordinances dealing with this problem.
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Air-Conditioning and Refrigeration Institute NLM g.- Sleeping areas inside at night - 45 DBA* Sleeping areas inside - day 55 DBA
*DBA - Decibels on the over-all weighted "A" scale American Societ" of FMtins Refri eratien : nd Air-Conditionina Engineers Guide Ho=es (sleeping areas) 35 - 45 DBA City of Coral Cables Fifteen feet from the source of noise, or the property line, which-ever is greater - Inside Nighttime - 48 DBA Outside Nighttime - 53 DBA Inside Daytime - 52 DBA Outside Daytime - 57 DBA I
On March 26, 1963, this Department conducted tests in the vicinity of the ' Cutler Power Plant, copies of the Sound Attenuation Profile to the Cuthrie' Residence being attached, and also a copy of a memo from Mr. W. R. Angleton, > Mechanical Inspector who conducted the test, .shich lists the location of the I tests and the results thereof. We were of the opinion that we had previously I forwardet!! these results to you. The results of those tests indicated that the aforementioned standards were being complied with, the reading at the property 92B
Mr. ,W. L. Cuthrio g
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Page 2. I l line of your residence being 30,- 35 DBA. These tests uere conducted with l [ equipment (decibel meter) borrowed from the City of coral Cables, which is calibrated at frequent intervals. We are also attaching a copy of our letter to Mr. Marshall Mcdonald of the Florida Power and Light Company, requesting a report on the status of Mr. Mcdonald's actiort which he had indicated to you was going to be taken. We will contact you further upon receipt of Mr. Mcdonald's reply. I Very truly yours,
}bv Robert F. Cook, Director Dade County Building and Zoning Department RFC:cp Attachments cc: Mr. R. Ray Goode Mr. C. C. Czebrinski Mr. W. Angleton Mr. W. Rogells QI- I_
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6960 S. W. l Wth St. M ami, Fla. 3158 -- l DVx M* m gn and Zoning 1351 N. W. 12th St. mani, na.
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#1 Dear';1trT'Cooksm' Thank you for your reply and enclosure indicating that the Horida Power and Light Compaq's Cutler plant could l not meet Coral Gables Standards for noise. If I road the chart correctly, at no place in Coral Gables could this plant operate legally, nor is its operation at the present location legal.
l ! And thank you for inclosing your letter to Pr. Mrshall EcDonald, President of norida Power and Light. And it is somewhat ! encouraging to see you do , in that letter, refer to the terms of their permits. l But the phrase "-may we have the benefit of information regarding what action has been, or will be taken, and the results of . findings by such engineering firm as you may employ regarding 4 the noise and air pollution situation." reflects the pecking i order established by FPL Manager Bosworth in 1947 when he i vrots the Edo County Con =ission, whils seeking the first permit, j " If there is any further information you dDaire, we want you to feel < frr,e to call upon ,us at any ti=s".
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Ti.G ~ ,- t T O . cide. MJ not just direct th:= to build ths valls
,_ :lififthTf~iEEiYtedi Cf course you micht wind up firad for doing your job, but that is not really a bad thing. I was fired once by nty company for meeting my respansibility as a Captain, but I was not much troubled, for I knew that they fired a Captain, not an overpaid paper shuffler.
Yours truly, W. L. Guthrie. -
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l D l Items concerning the illegal discharge of raw sewage , ! from the FPL Cutler plant into adjacent public waterways, brought to a halt only by public disclosure in 1962, as described in the attached newspaper clipping. 9 Why did Howard Luck, an employee of the Dade Building and Zoning Department, the function of which is to enforce the law,_ apologize to the FPL plant manager for the embarassing ' ' public disclosure? His words were, "I'm sorry, I couldn't help it, there was nothing I could do."
- 10. Why was no fine or other penalty levied on FPL (violation report attached)?
- 11. How did the three toilets that flushed directly into the public waterways get reduced to a single " bathroom" .
in Dade County records (copy attached)?
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7HURSDAY, MARCH 1, In2 f .f[g, p TEN CENTS PER COPY - t v L o , ilorida Power . Lnd Light : 1 aces Pollution Citation One Man Campaign Fla. Power. . . ^; Brings Disclosure (Coctinued From Page one) . The Florida Power and Light Company 3 vill be cited for dumping raw sewage into Biscayne Bay At first walden said he from its big Cutler plant, Howard Luck, head of the hought no toilets were being South Dade office of the Dade Building and Zon-mptied into the bay, but then ing Department at Perrine, said Wednesday, tchanged his mind and admitted The announcement followed a surprise dis-
! to Guthric and tie toning cf. -- c!csure following a campaign
.ficials that three in the eastern car at b W. L Guhe, end of the building were con- 6960 SW 124th S t., 21 year teteran Eastern A3. lines pilet.
nected to the water cooling Guthrie started calling the system used on the generators building and zoning depart. shleh exhaust dircelly into the rnent at C a.m. Wednesday and , j.. eanal In repeated calls told Luck,
- who just this week had taken Guthrie produced four cans over as head of the South of a water-base paint to be Dade office, that he would used as a dye and flushed have press and television rep-throu;h the ph:mhia; s> stem, resentatises 1: ere so that there cou!d be 'iv> tacking out of*
along with 12 bags of orange. .. this." colored peanuts for the ss.ne use. At the sam. time he ca!!ed j newspapers at: i televi 5an Tao ba;s of the panuts I ' " ' " " " 'I nere emptied into one of the} minutes to H , .e wo d n.
.' toilets in question, and talcr,l
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!at a br:J;e crossing the canal. " ""#
against one of the very laro.
'uhere bay belscen it bends to turn Chicken Key the mairJand, a number were' and into the! [,',n, * }
retriesed At exactly that time he dit a long dipbynet. Guthrie, who usedl' call Lu,ek, and said he wou'd Meany.hi!c, Luck had ruled l meet him la fror.t of t'ie Guth-
,that inasmuch as Walden had,i rie home. Luck went there ae.
companied by I. E. Girard,
' admitted that the toilets weret a Metro plumbing inspector. i
' contaminating bay water, the end result would not be served :
Guthrie then revealed that i by the paint or peanuts. Luck the complaint he was making ' was against the Florida Pow
!said at first that it was decided !
;'to turn the matter over to the I
and Light Ilant at Cutler. '
;11ealth Department, but later. built in 1918 and that he had i
. discovered that toilets were be-g ef ter talking with his su- ing emptied into Biscayne Bay lpethatiors.
thethe decision w company was made ould be in violation of the law. cited for violation of plumbing' Guthrle said that, while . law s. . ski ag, he had been struck by ' fecal matter. Since then he had !' Said Guthrie: "This violation been ~ conducting daily tests at. I i is so serious I didr/t want to the canal, where, using a dip l ture it in to the 'entrat zon. net, he had found constant evi- ) ing board downtown for fear dence of this sort of pollutloa,
'they niight do sonicthing ateout he said.
it, so I held off until the last Guthrie, Luck, Gira-l s 'd rantnent and then called the communication media mem. i, hoard at f'errine " " '" " ^- "-
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1 l E Item concerning an illegal building at the FPL Cutler plant. FPL constructed, without a permit, a sheet metal building of 4,040 square feet which did not meet the South Florida Building Code. In the event of a hurricane, flying sheet metal could have been a hazard to life and property. A c'omplaint to the Department of Building and Zoning resulted in demolition of the building by FPL.
- 12. How could such a large structure, in violation of the building code, for which a permit was never issued, get on the tax rolls without questions being asked?
Note attached letter showing taxation for 15 years. e O l e
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Mr. R. F. Cook, Director Metropolitan Dada County P.u11 d i n.; { Zoni ; Department 1351 :.t 12 Street 111ami, Fla. 33125
Dear :
Ir. Coak: Re: Cutler Plant Please be advised that Florida Power & Light Company will remove from Cutler Plant a construction warehouse facility located east of the electric.tl switchyard and north of the fuel oil storage tanks, no later than July 19, 1974. If 'further infernation is required er I may be of any assistance, plearc Ict r e knet . Very truly yours, A R, /? '* A) j)hlj',. % /, '%}bl ' 5,
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- 11. T. Fraga, !!anager h Division Governnental Services df
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Miami, Fla. 33158 August 6, 1974 ' Dade County Tax Assess:.cnt Dept. 10710 3. '.l. 211th st.
- iami, F,a.
Gentlenon: T.so warohouco cited in the June 28, 1974 letter fron ;t. M. T. t>aga, Florida Fower and Light (copy attached) , was in continuous service fron cenpletion of the last unit added to the Cutler plant until July of this year. Existence of the bdiding was called to the attention of Dade County Zoning Department and the %amission in 19t), again in 1972, again in early 1974. It is q understanding the building did not =oot Dado County buildin6 codo. It was well concealed by plantings 1:rtediately around the building, although plantings to provide a screen for the Kings Ilay to the north, required in the original 1947 pernit and reiterated in subsequent permits were absent. Could you please provide no with the cubic and square foot values of the now diemtled warehouse, and the taxes paid en the building fer the p::t fifteen years? Thtnk .w'2 for your help. Icurs truly, W. L. Guthrie. 1 I I
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f a .64 y;,;.,u.?:q n.s ! Pj]ETROIPOLITAN DADE COUNTY FLOR]DA justice sun.o:NG RCOM 310 DEPARTMENT OF PROPERTY APPRAISAL 1351 N.W.12T H STREET , MI AMI. fr LORio A 33125 T ELt 3 77-756' January 15, 1975 ,' Mr. W. L. Guthrie 6960 S. W. 144 S tr ee t Miami, Florida 33158 Re: Folio 30-5024-00-0020 Florida Power & Light Cutler Plant
Dear Sir:
Our records indicate that an assessment of a one-story metal con-struction warehouse has been included in the evalua tion of subjec t property since 1960 to the present. It is 121' X 32' with a sec-tion 14' X 12' on one side. The assessment and applicable tax ra te for each year for this , building is as follows: YEAR ASSESSMENT TAX RATE 1960 S 9,696 $ 40.90 M 1961 9,696 40.97 M 1962 9,696 4 0 . 57 M 1963 9,696 41.16 M 1964 19,392 18.19 M 1965 19,392 22.4 5 M 1966 19,392 23.025M 1967 7,212 22.38511 1968 7,212 22.04 M 1969 7,212 22.875M 1970 9,015 20.135M 1971 9,015 20.81 M , 1972 9,015 19.97 M 1973 9,015 19.34511
)
1974 13,800 15.491M Ver truly yours,
!" E W- -
Bruce W. Hill, CFE Assessment Administrative i Supervisor BWH: Je
F l Items concerning the response of the Metro Dade Board of County Commissioners to complaint made before it, in 1973, I that " Florida Power & Light Company's Cutler plant was in violation of the terms of its permits." The Commissioners established a committee to look into the complaint and the operation of the plant, and requested that the committee report back its findings to the Commissioners. 13 Why was no such report ever made? Note letter of July 7, 1976. Note also that when a Cutler resident, Mrs. Sharon Samole, sought a copy of the desired report in 1982, the chairman of the committee allegedly told her that "it got lost in the shuffle." How did a committee established to look into 14. violations by FPL turn into the "Ad Hoc Committee to Study Imurovements at Cutler Power Plant"? Note memo from Ruvin attached. In response to a request by the Committee, the County Attorney's office reviewed the zoning resolutions and special permits to FPL. Page 6 of their report is attached. 15 Why did the County Attorney's office set up a " straw man" in the form of a purported requirement for enclosure of the plant, and then point out that the resolutions did not require its enclosure? FPL represen$sted, as shown in the letters attached in Section A of this document, that the plant would be enclosed, l in order to induce the Commissioners to grant its permits. l
1 1 i
}..J O ~1. j, h b FLORIDA Pi!ETROPOLITAN DADE COUNTY
.12 couamouse OFFICE OF COUNTY MANAGER MIAMI FloRioA 33130 TEL: 579-5311 July 7, 1976 Refer to: 5-050 Mr. W. L. Guthrie 6960 SW 144 Street Miami, FL 33158
Dear Mr. Guthrie:
Several examinations of our records indicate that we are unable to answer your request for a County Commission report concerning the Florida Power & Light Company Cutler Plant. It is my supposition that 'the infomation previously supplied to you - by the Mayor's Office was the report which evaluated the Cutler Plant. This report was prepared by the Illinois Technology Institute and no additional studies were conducted to address the matter. It would appear, if any further request for Commission action seems necessary, that an appropriate request .should be addressed to the Mayor for his information and evaluation.
/
/ Sincerely,
~
6L 111am H. Law, J . Special Assistant to the County Manager EHL:el ec: Mayor Stephen P. Clark l l l 1
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eqg\ w w ,e ~ .-. . l METROPOLITAN DADE COUNTY-FLORIDA 232 DADE COU N TY COURTHOUSE m l A x i, P L O R I D A 33830 HARVEY RUVIN 377-3279 cm ca m July 5, 1973 To: Comissioner Harry P. Cain Comissioner Mike Calhoun Comissioner Beverly Phillips Mr. John J. McCue Mr. M. T. Fraga M W. L. Cuthria From: H yf bN' County-Commi ioner
Subject:
Meeting of the Ad Hoc A meeting of the subject Ad Hoc Cor:xnittee will be held Thursday, July 12, 9:30 a.m., in the Mayor's Conference Roem, 242 Dade I county Courthouse, 73 West Flagler Stresc. The purpose of this meeting is to review the efforts by Florida Power and Light Ccmpany to complete various improvements at the Cutler Power Plant. Please man your calendar accordingly. l l HR/kj cc: Mayor John B. Orr, Jr. ,
c Honorable Harvey Ruvin Page Six September 17, 1973 By Resolution No. 4177, the County Commission approved a special permit subject to the condition that the installation be substantially in accordance with the plans submitted for the hearing; that the smoke stack be of the same appearance as the existing one at' the plant; that additional landscaping be provided for beautification and screening purposes and that all efforts be made by Florida Power and Light to correct the " existing" objectionable noises at the plant, and that the new addition be so crected as to eliminate any objectionable noises. By Resolution No. 5779, the County Commission approved an additional 75,000 kilowatt unit at the existing Cutler Plant subject to the Zoning Com-mission's recommendation that the application be approved subject to com-pliance with the recommendations of the Armour Institute and on condition that Florida Power and Light do whatever is possible to shield existing lights and to eliminate smoke. By Resolution No. 6582, the County Commission granted an additional special permit and required the Dade County Zoning Director "to stay in touch with Florida Power and Light in rdfe~ranYe~to perfecting the smoke control, and in reference to the extension of the beautification program. "
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e-- - T'- wws+:wravnw - and may, of course, enforce any appropriate 1 olations of zoning and pollution standards and l- ov - y uru.uahucrcioun 1 restrictions. Further, the County Comrnission may properly enact under its police powers more restrictive standards relating to air and noise pollution , and recuire compliance therewith. Financing therefor could be made available l through issuance of revenue bonds pursuant to Article VII, Section 10 of the l 1968 Florida Constitution or other available means. 1
I i G
- 16. Why have Metro Dade officials refused to acknowledge, let alone reply to, correspondence?
Note letters attached, covering a span of 20 years, and text of telegram with signatures of 14 area residents. p .=..g
6960 S. 71.144 Street Einmi 56, Florida December 12, 1962 Mr. Irving EcHayr County Unnager Dade County Court House Hinmi, Florida
Dear Sir:
Mr. T.obert Cook, Dade County Zoning Director has known of the violations of the Florida Tower and Light Company since 1957., no evidenced by the letter from Ur. K. H. Eurner in the accompanying file. He has re-fused to act in spite of continual complaints. His report to you in Novecber 1961 tas in orror. Ho says, "Gince these reporte were written, all units in the Cutler Plant have been converted to natural gas, and inspection indicates that the emission of smoke on an oojectionable basis has all but been eliminated." The front stack is still on oil, smoke still pours out of it, principally at night, when it is leso visible. . In Harch of thio year the Florida Tower and Light Cospany was cited for the criminal offense of du= ping raw cewage in 31ccayne Bay. This was a continuouc, willful, eerious health violation over a period of fourteen years. ' shy were they not prosecuted in the courta? No fine or penalty was attuched. This ca=;any 13 still in violation today. Tho Dade County noise ordinance requires that there be no loud or unusual noises in a residential area after 11 P. H. The howls and rumbles of the Cutler plant continue to waken un at night even though our windous are kept tightly closed and curtained on that side. I believe Mr. Robert Cook to be incompetent and derelict in his duty to the residents of Dade County. Yours truly,
'J. L. Guthrie ---,p- -
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4 6960 S.W. 144th St. : Miami, Fla. 33158 ; ' Oct. 9,1W2 ,, Bon. Steve Clark 1 Mayor, Metropolitan Dade County - [l( p Courth.. . . p Miami, Fla. l H ref Delayed construction at FFL Cutler plant. l Dear E yor Clark 1 9-In 1961, three years after the commission called for an investigation
! cf the noise and dirt from the Cutler plant to detemine if that noise 4 and dirt is suitable for this area, kilding and Zoning promised to make that determination and forward the results.
e Bro years later, on a March day in 1963, four hours fifteen minutes of sound monitoring was, done, carefully avoiding the. critical peak load hours. Eleven years later a pseudo scientific chart of the noise
- was forwarded as pro =ised, while the matter of the looping e::rissions -
from the short stacks was buck-passed, October 4th, 1972, to the pol.lution control department. Our neighborhood has endured this noisy, dirty, and illegal plant twenty four hours a day each day of the years 1948, 1949, 1950, 1951 1952, 1953, 1954, 1955, 1956, 1957, 1958, .959, 1 % 0, 1 % 1, 1 % 2, 1963, 1964,1%5,1966,1967,1968,1969,1WO,1W1, and to date in 1W2. We have not " sat on our hands". hetro has. At no time has building and zoning been unawaro this Cutler plant is a nuisance, a balk on the residential develop:ent of the area. No combination of commissioners sitting during this time has failed to receive testimony that in local zoning matters, the Cutler plant ic the central fact. ,
'For all thes'e years the press of business at notro, or perhaps the glitical power of tha lorida Power and Light Corporation, has pre-cluded action to bring the Cutler plant into compliance with the law.
(As a Icy.:n, I assume the terns of a pernit have some status as law). But now it is encouraging te see Eetro is keeping some offices open even weekerd nights to catch up. And this brings us to the exact point of this letter. Weac&-that Metrorolitan Dide County Government end Florida Power and Light"s self imposed hnd money saving building moratorium at the Cutler plant. In their application, FPL testified the plant would be housed in a building, and showed pictures of "sim +=r" buildings. But they "omitted walls and roof to save money", ignored those sections of subsequent permits which called for an adherence to the plans as submitted, ignored the legal direction that the plant be quiet and clean. FPL has done enough damage. Inclosed is documentation for the charge that the Cutler plant remains an illegal operation on several counts. s tr' y s , W. L. Guthrie For Cutler and Southwest Residents Association. S J
3J t f W. L. Gurnare se co s.w. 844m STRE ET St $ g sa:AMs. rLoRioA 33:58
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k hj@ o g J. Edw. Bell, Director 2 -E g g Dade County Building and Zoning 2 gkd!M dp 909 S. E. 1st. Qve.
"d g Miami, Fla. 33131
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, Mr. Bell:
Be advised that on Tuesday, April 13, 1982, Florida Power and Light Corp. from its Cutler plant short smoke stack flooded us with stinking effluent thruout the daylight hours. The entire family was wakened at 4:15 to 4:30 by stinking effluent from the Cutler plant on the morning of the 16th, Friday. We called the police (case 7r1334080) and went then to the plant manager's home at the plant on Ludlum. The plant manager re-fused to come to the door. Also be advised we listen to the plant running-- FPL testified at the PSC hearings, reference reactiva tion of Cutler, that FPL was spending $400,000.00 , for noise control at Cutler. This was odd of them, as we have a quarter century's worth of Metro inaction at best and stupid letters at worst proving that there was never any noise in the first place. FPL has, for as long as the Cutler plant existed, corrupted your department and other Dade County efficial bodies. I write simply to have a record of complaint, as the many telephone calls your depart-ment has had about this Cutler plant leave, I presume, no trace whatever. Signed,
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CERITFIED MAIL
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Florida Tower and Light. Company - - # . ,< Miami, Florida
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Attention: Mr. Dave Bosworth _
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' Sunday , ' July 15th as on many days , we breathed' and choked on . the noxioua fumes from the Florida Power and Licht Cutler plant '
for four and one half hours . When can we e:rpect some relief - from this scnument' to the stupidity of Florida Power and Li6ht , manP6cment and your so called design engineers?
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Copy: Dade County Zoning Board . Dade County. Court House Hiami Florida - Attention : Mr. Cook . , _ O. o c . Ai
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H The Dade County Commission of April 2, 1963, ordered a study and report from the county manager, Irving McNayr.
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17 Why was such study or report never made? Note unanswered letter attached. 3 i i i l J
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69 60 3. 'l.' . 144 Street Miami, Florida 33158 Harch 22, 1964 County thnacer Irvins EcNayr Dade County Courthouse
.lismi, Florica
Dear Sir,
The Comiesion of April 2,1963 passed a resolution calling for a study tutd report by you on the Florida Power and Licht Cutler etcam electric station. In rocyonce to a requent to your office for scid report, I have just received a copy of a report cubmitted to you by .*Ir. Ocok prior to thi:: hearin% Gince this report wae before %ch correiscioner during the /spril 2nd, 1963 hearing, I du not feel this noctn tiv req'.tiretent of the resolution paennd by the co:=tinsion. Please foraard e. copy of your et2.tr c.nd ral.crt . ,
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1 l I Letter dated Aug. 25, 1947, from Mrs. T.T. Stevens, Chairman, Dade County Zoning Board, to Charles , Crandon, Dade County Commissioner, concerning FPL's application for a power plant at Cutler. The Zoning Board hearing on FPL's application took place in July when many property owners were on vacation. Because of this the Zoning Board promised that a public hearing would be held on Oct. 6 in order that these owners could present their views.
- 18. This promise was broken: in August the Zoning Board held a private, unannounced meeting with FPL officials.
At this meeting the Zoning Board voted to recommend approval of FPL's request. Because of FPL's " pressure such as big corporations can exert " this first official body to deal with FPL-Cutler was :
" Changed from a state of upright-ness, correctness, to a bad state."
It had been " diverted from the right, true, or regular course." Before the Independent Review Panel
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Dade County Court House Room 1902 73 W. Flagler Street Miami, Florida 33130 10:45 AM, Tuesday, Nov. 9, 1982 f c
4 August 25, 1947 Mr. Charles Crandon Box 1711 Miami, Florida.
Dear Mr. Crandon:
I would like to give you the latest sumury of the Power Plant application and to tell you of some new developments in the Florida Fower and Light-Cutler matter. Since you have discussed with me the matter of locating their plant at Cutler before hearing the Zoning Commission recommendations and since..at,the 3 D t h d .T. W N E T f.itEl't? d M 9d M N D T O @ D M . G 1.Tg d rCJid M'4 4Wth& waea4riitMg1cHWmnidiffD5MT ~116 hiri'n@nbIivid3n6Ts;3actilprevioifslyV pNaleEt'edpaMirWyl*Di]inrthe plant couldej.M~aIa: so not be placed at Black Point or other places, also why the location at Cutler should be reconsidered. I persuaded Mr. Robert Fitch Smith to join our Zoning Commission in another hearing last Friday afternoon, in the Plaaning Board office. The only Planning Board members and officials present were Mr. Smith, Mr. Currier and myself. Other members were out of the city. Since there was no quorem no new action was taken by the Planning Board. All me=bers of the'Zening Coassission, including Mr. Preston, were present. Mr. Smith presided at my request as I had presided at the former joint meeting held on the previcus Monday. Some of us think there was very little new evidence presented to change cur decision of August 18th which was to deny the application. Were were seme pertinent points brought out however, which are on file in the Zoning Cffice and which influenced some of our people. You can get from Mr. Preston and his records the reasons presented by Mr. McGregor Smith, President of the Flcrida Fewer and Light and his associates why they think it is not feasible or practical to put the plant at Elack Point or even at 32reka Drive en the Eay or at other points desie nated by Cade County Planning Ecard. Tne element of time and the emergency demand for electricity for the great increase of ho=es being built in that section of the County is the cheif argument. Also, there was some discussion of the questien of "spet" sening. Mr. Preston has the legal history of this phase of this problem. On motion of Mr. Bright, seconded by Mr. Custer, the motion Carried (four for and two against) recommending County Coranission approval of the Cutler site. Mr. Eliss and I were the dissenters. There are several reasons why I voted against the motion. Incating a power plant in a highly restricted residential area is a matter that involves many factors and I believe your Board should review the exhaustive s.tudy l and reports of our groups. It is my belief that no action should be taken until 1 after due consideration and after the desirability of every other site had been I i 1
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1 4 8 Page 2-Crandon-8/25/47 l i I l more completely studied. There was not and has not been time _for this because_o pressure from the Power Company for an immediate decision d oC ~ w -
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===_4ne*q'~YPower Company what t"liEy wa,nt with some Y. pow -,. now recommends oning commission giving important conditions which Mr. Freston will outline when presenting our recommend-ations Many property owners still think they will have the opportunity to be heard further and expects this opportunity before your Board takes final action.
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._issioners;wer.e not 3 aid,off".vgaving given grea t* %deaT~o my time serving a,f tade-County:toi1LEFbC. JWebility for years, I did not want the property owners to feel that they kiid not have representatives on the Zoning Board who are not interested in both sides of the question, with partiality to none. Then too, as a member of,,.tha F9 nni Board ich believes in long range planning for the County, nor does it fit into IMPCRTANT: Now that I have said my piece, which is not double talk. I will say that I am not against the Power Company and eventually might have voted for them to locate at Cutler (especially after our recent talk) but only after they had shewn mere attention to the Planning Board's recommendation and perhaps show scre convincingly that there was not a better site where cur estate zoning would not be hurt.
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' deliberItTons~a'dd triid to avoid thrtr. ring it to your Board for too much deliberation before making official decision. I have delayed sqy vacation ten days because of ..
this matter. I now feel like asking that the County build me a monument when the good lord calls me home! In any event please try to get all our recommendations and conditions into the picture before any decision is made. If the Commission grants the permit remember I am with you right or vrong. If you are right I should be with you and if you are wrong ycu will need your friends.
e , b Page 3 Crandon-8/25/47 5 address until I return in October will be 1511 Plasa l Sincerely, (!!rs. T. T. Stavans) ECS/hom
r w M ,u nun M . _ M it Y . The fellowing resolution was offered by Consaissioner Jesse H. Yarborough , seconded hr Constissioner Preston B. Bird , and upon voto duly adopted: l YHIREAS Florida Power and Light Company has applied for a special permit for the installation of an additional 75,000 kilowatt electric unit at the existinC gener-Ct'ing station on the S} SN} of Section 2h, Township 5,$_ South y Range LO East; northeast corner of Ludlum Road and Coral Reef Drive, Dade County, Florida, and l , WHEREAS a public hearing of the Dade County Zoning Comission was advertised and held, as required by law, and, after hearing all interested parties and considering the adjacent areas,' the Zoning Co=ission reco=onded that the special pernit be approved for the additional 75,000 kilowatt unit at the Cutler Plant, as applied for, on the following conditions:
- 1. That no further enlargement of the plant he pernitted without another public hearing and without a prior resolution of the Board of County Co=J.asioners for such enlargement. - -
- 2. That the installation be substantially in accordance with the '
plans submitted for the hearinc.
- 3. That the smoke stack be of the same appearance as the present one oxistinC at the plant.
- h. That the additional landscapind, particularly of the nott,h and south buffer areas, be pre rided to cect wit'. the approval of the Dada Couaty Zonind Director and the Dade Count r Parks director;
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the purpose of said landscapint; being fer beautification and screening purposes; the landscapirc to bo sufficiently tall and V, close enough todether to insure t,he intended screening of the plant. (9 4 _.. _ , m
\} 5. ,.Tha't'all efforts be trade by Florida .nower and Light Co:spany to s' #
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cortcet the existinC objectionable noises at the plant, and that the new addition be so erected as to eliminate any objectionable noises, and -
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._AS'it, appears to this Board that the special . .
- . . . ~permit
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, as recom.cnded by the Zoning Comission, would be in accord with the overall, comprehensive zoning plan fcr Dade County, Florida;
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NCN THEREFORE BE 17 RESOLVED by the Board of County Corusissioners of Dade County, Florida that, the special perm..it.y- with_the conditions recomnonded by the /,oninC Con-mission, be and the same is hereby approved. *
'Ihe Zoning Director is hereby directed to make the necessary chanCos and note-tions upon the maps and records of the Dade County Planning, 2
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I' ths t :'." .:3 d: wh:txtar is possible to eM-Id the lights and to mit inato the , smoke) th.c4 th=3 cc:iitiocs to cer;11cd with as expeditiously as possible, and
. w 'M, it appocra to this Daard that the spooial pesimit, as recommanded ty the Es:: ira W="~s, is in acoort with the erare11 comprehensive moning plan fbr Dado
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E07 !!~'~'%J. BE IT 230LY.C h7 the Board of County 0xxaissionars, Dade Comty, T.': rids, th:t said c;: ial pe:-.is, as ree ..0:d:d V. ths ";ning Ch. .iea, be sad the. s .
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c =m is h =h7 c,ppr;rred.-- 1 Iha Io:ir; cirecter is h rP.;7 dircotel to 14we t,h* ris.:n.* a .ry ;ar.it la accc,Ae s:ith t>J tar =s and conditions of this resolation and to mala the nacessary notations I;',c3 tha ::ps and accorda of the 2de ty Plontas, ToniM and faxils'.ing Dapartmaat. Y M M M fD thLa das'ak'ffj}&A,.f , ,195}, STATE 01 Fic1ILL) 33. C0'O.'TT OF LADE ) and ex officio Cid* of the mard of Coun*.y Cw ^.:siancra of said Coun C.2fITY that the abryte and foregoing is a '. rue and ocrrest copy of. resolution adopted ty the snid 1 bard af Cotatty Caamissioners a.t its meat,ing held on ama appears of record la the minutes of said Jhard of County con 21ssione . J g 4 , 1933, Y af% wvA:13 WITMC51 . iTil.3t%P, ,1ss1.
'I have hereunte set af hand and official seal on this M day
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