Medley says NO to more Garbage Dumps. By Geniusofdespair

Scenic Town of  Medley Florida

I had wondered in a previous post, if Medley was going to become one big fat garbage dump for the rest of the County. In 2000 the population of the area was approximately 1,098 and it dropped to 838 people in the 2010 census (a drop of 23.7%). With more dumps, I was certain the population would take a further slide.

Well apparently not... on both accounts. At the Medley Town Council Meeting on March 27th, the Council passed an Ordinance that stated that there are currently no new applications for any type of landfill in Medley and that "it is the policy of Medley not to permit any new landfills" (Although it appears current dumps are grandfathered in).  This overlay district is part of their EAR report (don't care enough to figure that out).

When the council passed this -- at the recommendation of Town Attorney (Miami Lakes Mayor) Michael Pizzi -- it made it  clear that Medley is not permitting any new landfills as a matter of policy. The ordinance also prohibits composting, which can create a bad odor. The ordinance does, however, permit any landowner to come and request the right to do recycling, which is envrinomentally friendly and reduces dependence on landfills. 

The Ordinace that passed March 27th does the following:

1. Sets a policy of no new landfills;
2. Allows recycling in all of the industrial area, but the applicant must come before the Council and obtain a Development Agreement;
3. Grandfathers in existing usages;
4. Legalizes the existing Waste Management landfill (Hmmm on that one with White & Case as their lawyers- Genius)
5. Establishes a buffer zone around the Gateway property.

I asked Michael Pizzi about the Ordinance and he said:

 "As a former attorney for the Hold the Line movement and who has fought proliferation of landfills, I am proud that the Mayor and Council of Medley have established a policy of preventing the prolifieration of new landfills and promoting recycling." This is good news."

Don't know that I feel good about recycling if it is METAL recycling, Michael (did I read that right?).

Now maybe Medley can diversify and attract some people to live there instead of only industry and waste companies. I wouldn't want to live there, it already has too much industry for my taste.  I met one actual resident of Medley, Gerardo Silva, Jr., a councilperson, and he seemed to be a nice enough guy. Let's hope this gets him more neighbors! He was the only one on the Council against this Overlay District Ordinance. He said he didn't see the final Ordinance  until 4pm the day of the vote but Councilperson Digiacomo had issue with his statement, she said:

"She received an e-mail on March 21, 2012 with copies of the Ordinance and the Resolution and Mr. Silva’s name was on the e-mail therefore he should have received it too."

Heck, I knew all about this --- months ago. Where has Silva been?  I have included the draft minutes of the meeting, as you might have more interest in this Town's issues than I do. Apparently Natacha Seijas's former Chief of Staff Terry Murphy has an interest in Medley politics.  I say, if Lowell Dunn is not happy - as it says in the minutes - that could be a VERY GOOD sign:


The Mayor announced that the purpose for this special meeting was to hold a public hearing to consider an Ordinance on first reading implementing the Evaluation and Appraisal Report based amendments to the Comprehensive Plan with respect to solid waste facilities. Proper notice had been given.


The Mayor stated that the public hearing will start with a presentation by Town Attorney Pizzi, and then follow by public comments, the Council, staff and audience. He asked the Council to write down any questions and have the staff do their presentation and then questions will be answered. Also, he stated that anyone making a public comment to limit their remarks for the merits of tonight’s’ proposal so we can focus on the issues of tonight.

Town Attorney Pizzi stated that last March 7 the Town approved on first reading a draft Ordinance of the Overlay District to move things forward and facilitate workshops and discussions on the issue prior to being brought back for a second hearing. It was clear at that time that the purpose of the meeting was to obtain additional input from all concerned parties and not to be a final product. At that meeting the Mayor and Council directed him and staff to meet with all affected parties.

The Town Attorney provided all the affected parties with an opportunity to express their views; he was also directed to adopt any necessary maps. During the past year the attorney, the planners and outside Counsel have held public workshops, dozens of meetings with landowners, current operators and even applicants for various usages. During the past year he and his staff have followed the direction of the March 7 meeting. The March 7 meeting was designed to facilitate comment and discussion. In addition, at his suggestion the Town retained Santiago Echemendia one of the best land use lawyers as our outside Counsel and two sets of planners Jim LaRue and Calvin Giordano, combined for approximately 100 years of land use experience. The Town Attorney asked them to independently evaluate our master plan and come up with an Ordinance that is consistent with the master plan. Tonight there is a new first reading because we have included additional usages which require us to do a new first reading based on the input received.

Mr. Santiago Echemendia from Tew Cardenas, special Counsel for Town of Medley was present. He presented the Mayor and Council a redline of the Ordinance in which a change was made. He stated that they have done their best to have a consensus Ordinance.

Jose Jimenez Attorney for the City of Doral was present and had some concerns regarding the Overlay District. He stated that with the exception of the buffer zone the Ordinance basically categorizes all M-1 property in the Town as part of this Overlay District. His concern is that some of the M-1 property is in close proximity to one of their parks. He asked that the Town consider making an Overlay District finer; the Town has already taken some M-1 property out of the buffer zone. Vice-Mayor Morrow suggested that in the future it could be changed to L-1 zoning. He was advised that there is an L-1 zoning and he wanted to know when it was changed.

Estrella Cirila Attorney for Gateway Properties was also present. She stated that Gateway properties had no objections on the matter.

Attorney Brian Adler from Billson Sunberg representing the The Lopefra Corporation, Sierra Investments and Carlos Lopez Trustee was present. He thanked Mr. Echemendia and Attorney Pizzi for working with them. Their property is located at the southeast corner of N.W. 90 Street and N.W. 87 Avenue in Section 10. They have an existing construction and demolition debris materials recovery facility with a landfill and lake fill component. They have been in business for many years. He stated that all he wants is to confirm that his client is grandfathered in and that their rights are not affected by this new Ordinance. Attorney Pizzi stated that their property is grandfathered in and between first and second reading the Town will do what ever is necessary to confirm that.

Eugenio Advincula representing Florida Wood Recycling Medley Metal was present. He also had a concern and wanted to confirm that his business is also grandfathered in. Attorney Pizzi also stated that they are grandfathered in.

Doug Halsey from White & Case representing Waste Management, Inc. was also present. He stated that they have no objections.

Lowell Dunn II was also present. Mr. Dunn stated that the Town was reducing the value of his land to help Gateway Properties and other land owners. He submitted a letter to the Mayor and Council and was read into the record by Town Clerk Herlina Taboada. He stated that he had some concerns and wants to meet with Attorney Pizzi to resolve the issues. The Town Council asked the Attorney to meet with Mr. Dunn, the only objector.

Mayor Rodriguez then asked if anyone else had anything to say. No one came to the podium. The public hearing closed at 6:40 p.m.


Attorney Pizzi then asked Town Clerk Herlina Taboada to read Ordinance C-352, implementing the Evaluation and Appraisal Report Based Amendments to the Comprehensive Plan with respect to Solid Waste Management Facilities. Vice-Mayor Morrow moved to approve this Ordinance on first reading. Councilperson Digiacomo seconded the motion. Councilperson Martell wanted to thank all the businesses for getting things accomplished and working with the Town and also thanked the Town Attorney and Staff for the wonderful work they did. Vice-Mayor Morrow stated that we are protecting the residents at Lakeside Retirement Park; he also thanked Alex Gonzalez from Waste Management.

Councilperson Silva stated that he had a few questions: He stated that he does not recall when the Council instructed the Town Attorney to work on the Overlay District Ordinance. Attorney Pizzi informed him that this has been pending in the Town Attorney’s office for over three (3) years and it was his job when he became the Town Attorney to move forward with all pending items. He also stated that when the council last met the council gave him specific instructions to move forward on this item. He then stated that he did not know the land use lawyer, he stated that last Wednesday he tried to meet with the engineer and the engineer told him he could not meet with him because the Town Attorney had advised him not to meet with him. Town Attorney Pizzi stated that in any municipal government having Councilmember’s give direction to contractors, contracting engineers and staff could be deemed to be violation of the Charter and subject to removal from office. He stated that tonight we have the Overlay District Ordinance and to go over issues that are not pertinent to the Overlay is an issue. What is noticed for tonight is the Overlay District and anything else not pertaining to the Overlay would be illegal to discuss at a special meeting. When there is a special call meeting is it limited to only those items that have been advertised because the public has not been given any other notice. His legal advice is to limit the discussion to the merits of the Overlay District.

Councilperson Silva asked how was he going to vote on this item if he received the final Ordinance by e-mail at 4:00 p.m. today. Attorney Pizzi advised him that on this issue there have been dozens of e-mails and phone calls; everyone on the Council upon receiving the agenda packet last week contacted the staff and requested meetings to go over this issue. This issue has been pending for over a year now. The Mayor, Council members and even land owners who received the agenda requested meetings to make sure they were educated tonight.

Councilperson Digiacomo stated that she received an e-mail on March 21, 2012 with copies of the Ordinance and the Resolution and Mr. Silva’s name was on the e-mail therefore he should have received it too. Attorney Pizzi that we are having a second reading on this item and offered the Council member that before we leave tonight he would ask Vicky, the planners and the outside attorney to approach the Councilmember and do not leave without scheduling a specific date when he can meet with everybody and make sure that he receives every piece of information he desires. Councilperson Martell also stated that the e-mail was sent last week. Councilperson Digiacomo stated that she has had numerous meetings with the planners and the Town Attorney. Vice-Mayor Morrow also stated that he also received the e-mail. Attorney Pizzi stated that in the past year Council member Silva has never responded to a single e-mail sent to him asking if he wanted information, dozens of e-mails with copies of draft overlays asking you to please read and review them. At this time a roll call was called as follows:



Councilperson Martell: Yes

Councilperson Digiacomo: Yes

Councilperson Silva: No

Vice-Mayor Morrow: Yes

Mayor Rodriguez: Yes



The motion was carried by majority vote. Councilperson Digiacomo wanted to put into the record five points she received as to what the Ordinance does, they are as follows:



1 – Sets a policy of no new landfills;

2- Allows recycling in all of the industrial area, but the applicant must come before

the Council and obtain a Development Agreement;

3- Grandfathers in existing usages;

4- Legalizes the existing Waste Management landfill; and

5- Establishes a buffer zone around the Gateway property.



Vice-Mayor Morrow stated that Attorney Pizzi worked very hard on this item. Vicky would contact him and he would immediately call back and would come in when ever he was called or needed. He stated that he does respond to Attorney Pizzi’s requests. He congratulated Attorney Pizzi for doing a good job.



Mayor Rodriguez thanked Attorney Pizzi, Vicky, the planners and all the staff for working on this. He stated that what we want is transparency, wants to work with everyone. Attorney Pizzi thanked the team that worked on this item, Santiago Echemendia, the planners, Vicky, the staff and everyone else involved.



Councilperson Martell also thanked them for a great job.



Councilperson Digiacomo said it was time to move forward.



Mayor Rodriguez then moved on to item (b) on the agenda which was a Resolution recognizing Miami-Dade County’s permitting requirements for Class I Landfills. Attorney Pizzi stated that the Town is withdrawing the Resolution because the purpose of the Resolution was to limit new landfills and it was stated in the Ordinance itself that the Town will not permit new landfills.



Attorney Pizzi then thanked the Mayor and the Council for the leadership and everything that was done was at the direction of the Mayor and Council. He stated that at this time the agenda is concluded and because it is a special call it would be illegal to discuss something other than the Overlay.



Mayor Rodriguez then advised Attorney Pizzi and the staff to keep on working with all the land owners and everyone that is affected.



Vice-Mayor Morrow wanted to thank the Council members. He stated that back in the 90’s the odor from the landfill reached Lakeside Retirement Park and Waste Management installed the methane gas extractors and helped solve the problem. He thanked them for that.


Since there was no further business to be considered Councilperson Martell moved to adjourn. Councilperson Digiacomo seconded the motion and it was carried unanimously. The meeting was adjourned at 7:09 P.M. on March 27, 2012.