MINUTES OF A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF MEDLEY, FLORIDA JANUARY 6, 2003

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1 MINUTES OF A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF MEDLEY, FLORIDA JANUARY 6, 2003 A regular meeting of the Town Council was called to order on January 6, 2003 at 7:00 p.m. The following were present: MAYOR: VICE-MAYOR: COUNCIL MEMBERS: TOWN CLERK: TOWN ATTORNEY: TOWN FINANCE DIRECTOR: JACK MORROW MARY TANNER EUGENIO ADVINCULA MARGARITA DE JESUS CARLOS BENEDETTO HERLINA TABOADA MELVIN WOLFE ROY DANZIGER The Invocation was given by Councilperson Benedetto and the pledge of Allegiance to the Flag of the United States was recited by the Council and audience. The Agenda was adopted by unanimous vote. The first item on the Agenda was the opening of bids for the purchase of a new jet vactor. Walter Wernke obtained two bids as follows: Sterling Trucks $218, Vactor Southern Sewer Equipment Sales - $190, Vac-con After a brief discussion Councilperson Advincula moved as follows: TO PURCHASE THE VAC-CON TRUCK AT A PRICE OF $190, WHICH PRICE INCLUDES A TWO YEAR WARRANTY AS STATED. Another motion by Councilperson Advincula as follows: 1

2 TO INSTRUCT THE MAYOR TOGETHER WITH OUR UTILITY DIRECTOR WALTER WERNKE TO SEE THAT THE TRUCK CHASSIS IS MANUFACTURED BY INTERNATIONAL AND THAT IT IS THE 2003 MODEL AS ANNOUNCED BY THE REPRESENTATIVE OF VAC-CON. The next item was the reading of Resolution C-812, approving the purchase of water meters currently installed on mobile homes located in the Medley Mobile Home Park at 8181 N.W. South River Drive. Town Attorney Melvin Wolfe read Resolution C-812. Councilperson Advincula moved to approve this Resolution as read. Councilperson Benedetto seconded the motion and it was carried unanimously. The second reading by title only of Ordinance C-297, amending Ordinance C-286, providing for a retirement benefit of continuing medical insurance coverage for elected officials, their spouses and their dependents was read by Town Attorney Melvin Wolfe. Vice Mayor Tanner moved to approve this Ordinance on second reading. Councilperson Advincula seconded the motion and it was carried unanimously. The request by William Machin to build storefront warehouses at approximately N.W. 124 Street Road and N.W. 122 Street was then discussed. Mr. Machin stated that he wants to build four buildings that would be divided into bays of approximately 1200 square foot each. There will be approximately a total of 30 bays. Town Attorney Melvin Wolfe explained to him that he might need variances and the process he needs to go through in order to obtain the variances. After a brief discussion Vice Mayor Tanner moved as follows: TO APPROVE THE SITE PLAN PRESENTED BY WILLIAM MACHIN FOR A PROPOSED WAREHOUSE COMPLEX AT LOTS 8, 9 BLOCK 2, SEABREEZE INDUSTRIAL PARK ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 54, OF PAGE 46 OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA IN CONCEPT ONLY SUBJECT TO: REVIEW BY THE TOWN SITE PLAN COMMITTEE AND THE OBTAINING OF ALL REQUIRED VARIANCES NECESSARY TO CAUSE THIS PROJECT TO COMPLY WITH THE TOWN OF MEDLEY CODES AND ORDINANCES AND THE FLORIDA BUILDING CODE. Councilperson Benedetto seconded the motion and it was carried unanimously. The request by John Aibel on behalf of BZ Enterprises to obtain an occupational license to operate a food processing facility at 7961 N.W. 76 Avenue was then presented. Mr. Aibel explained that the company is going to process tomato paste. It is formerly the site of Conchita Foods. After a brief discussion Councilperson Advincula moved as follows: 2

3 TO APPROVE AN OCCUPATIONAL LICENSE FOR BZ ENTERPRISES TO ENGAGE IN THE BUSINESS OF PRODUCING TOMATO PASTE IN THE TOWN OF MEDLEY AT 7961 N.W. 76 AVENUE SUBJECT TO FIRST OBTAINING AND PROVIDING THE TOWN OCCUPATIONAL LICENSE DEPARTMENT A CERTIFICATE FROM THE HEALTH DEPARTMENT APPROVING THE FACILITY. The request by Roberto Ugarte to propose and discuss a new youth program was the next item on the agenda. Mr. Ugarte submitted a proposal on his suggestions for the youth program. Councilperson Advincula suggested that a committee be formed and try to obtain volunteers for the program. The Mayor will send out a memo to see who wants to volunteer and a committee will be appointed at the next regular council meeting. After a brief discussion Councilperson Advincula moved as follows: THAT THE MAYOR S OFFICE SEND OUT A LETTER ASKING FOR VOLUNTEERS TO PARTICIPATE ON A YOUTH ACTIVITIES COMMITTEE AND FOR APPOINTMENT OF THE MEMBERS AT THE FEBRUARY 2003 COUNCIL MEETING. The request by Rene Arencibia for permission to temporarily park personal trucks on property he owns at N.W. 138 th Street and N.W. 113 Avenue pending start of a construction project was then presented. Mr. Arencibia stated that he would need permission for approximately one and a half to two years. Town Attorney Melvin Wolfe explained to him that he needs to build a building, have proper drainage, fencing, security lighting, water, sewer, electric, no sleeping on the premises, no fluid changes of any kind, no maintenance etc. After a brief discussion Councilperson Advincula moved as follows: TO PERMIT MR. ARENCIBIA TO USE FIVE ACRES OF REAL ESTATE HE OWNS AT N.W. 138 STREET AND N.W. 113 AVENUE FOR THE PARKING AND STORAGE OF VEHICLES AND HEAVY EQUIPMENT THAT HE OWNS SUBJECT TO THE FOLLOWING: (1) THE PROPERTY IS TO BE FENCED. (2) A MODULAR STRUCTURE WITH SANITARY FACILITIES ATTACHED TO THE TOWN S WATER AND SEWER FACILITIES, ELECTRICAL SYSTEMS INSTALLED. (3) THAT HE PROVIDE PROOF OF ADEQUATE DRAINAGE OR ALTERNATIVELY INSTALL DRAINAGE REQUIRED BY THE TOWN S DRAINAGE ENGINEER. (4) NO REPAIRS, MAINTENANCE, OR FLUID CHANGES OF ANY KIND. (5) NO SLEEPING IN THE TRUCKS BY DRIVERS OR OPERATORS OF THE VEHICLES. (6) THAT THE MODULAR STRUCTURE BE 3

4 LIMITED TO TWO YEARS BY WHICH TIME HE MUST HAVE FILED WITH THE TOWN PLANS TO BEGIN CONSTRUCTION OF A PERMANENT WAREHOUSE OR OTHER PERMANENT IMPROVEMENTS ON THE PROPERTY. TWO YEARS BEING GRANTED AT THIS TIME PURSUANT TO THE REPRESENTATION BY MR. ARENCIBIA THAT HE WILL NEED THAT MUCH TIME TO HAVE THE PROJECT MOVED TOWARD COMPLETION. The request by Allied Universal Corporation to install a ground water monitoring test well on property located on the north side of N.W. 93 rd Street at approximately N.W. 85 th Avenue was the next matter on the agenda. After a brief discussion Councilperson Advincula moved as follows: TO APPROVE THE REQUEST BY ALLIED UNIVERSAL CORPORATION CONDITIONED UPON THE TOWN OWNING THE SITE IN QUESTION FOR THE MONITORING WELLS TO BE INSTALLED BY ALLIED UNIVERSAL CORPORATION. THE MAYOR AND TOWN CLERK ARE INSTRUCTED TO EXECUTE THE PERMISSION TO ENTER PROPERTY AGREEMENT PRESENTED HERE TONIGHT. Councilperson De Jesus seconded the motion and it was carried unanimously. A public hearing for the purpose of requesting two variances for Jack Lyons Truck Parts, Inc. and passage of a Resolution thereon was then heard. After a brief discussion Councilperson De Jesus moved as follows: THAT THE TOWN COUNCIL SITTING AS THE PLANNING ADVISORY BOARD RECOMMENDS THE ENTRY OF A RESOLUTION APPROVING THE VARIANCES REQUESTED. Councilperson Advincula seconded the motion and it was carried unanimously. Thereafter, Town Attorney Melvin Wolfe read Resolution C-816, approving such variances to Jack Lyons Truck Parts. Councilperson De Jesus moved to approve this Resolution as read. Councilperson Advincula seconded the motion and it was carried unanimously. A discussion and action on request by Waste Management Inc. of Florida to issue a revised Quit Claim Deed in the name of Waste Management Inc. of Florida previously approved in the name of Waste Management, Inc. on November 4, 2002 was the next item presented. After a brief discussion Councilperson De Jesus moved as follows: 4

5 TO INSTRUCT THE MAYOR AND THE TOWN CLERK TO EXECUTE A REVISED QUIT CLAIM DEED FROM THE TOWN OF MEDLEY TO WASTE MANAGEMENT INC. OF FLORIDA FOR LAND LEGALLY DESCRIBED AS THE WEST 35 FEET OF TRACT 18C OF SUNNY GLADE FARMS, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 8, AT PAGE 73 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THAT PORTION OF SAID TRACT 18C LYING SOUTH OF A LINE THAT IS 40 FEET NORTH OF, AND PARALLEL WITH, THE SOUTH LINE OF SAID SECTION 4. A public hearing for the purpose of requesting three variances for 3 P s V, Inc. and passage of a Resolution thereon was then held. Attorney Javier Vazquez was present. After a brief discussion Councilperson Advincula moved as follows: THAT THE COUNCIL SITTING AS THE PLANNING AND ADVISORY BOARD APPROVE THE CONCEPT OF 3 P s V, INC. S REQUEST AND RECOMMENDS A PASSAGE OF A RESOLUTION THEREON. Thereafter, Town Attorney Melvin Wolfe read Resolution C-817, approving such requests. Councilperson Advincula moved to approve Resolution C-817 as read. Vice Mayor Tanner seconded the motion and it was carried unanimously The request by Luis F. Lara from Horizon Land Investments, Inc. to place a modular office and parking of heavy equipment on property located at N.W. South River Drive was withdrawn from the agenda. The next matter was the request by Arnaldo Fernandez-Batista from El Progresso Plaza on behalf of National Transportation Company to store containers on property located at N.W. 117 Way and South River Drive. After a brief discussion Councilperson Advincula moved as follows: SUBJECT TO: THE INSTALLATION OF A MODULAR BUILDING THAT HAS SANITARY FACILITIES THAT MUST BE HOOKED UP TO THE TOWN S WATER, SEWER AND ELECTRIC. NOT TO EXCEED ONE YEAR. PERMISSION TO USE THE LOT AT N.W. 117 WAY AND N.W. SOUTH RIVER DRIVE FOR THE PURPOSES OF THE PARKING AND STORAGE OF TRUCKS AND TRAILERS PROVIDED THAT THERE ARE NO REPAIRS, MAINTENANCE OR FLUID CHANGES ON THE SITE. PROVIDED THAT THERE IS PROOF OF ADEQUATE DRAINAGE OR THE PROVIDE THE INSTALLATION OF DRAINAGE ACCORDING TO THE TOWN S DRAINAGE ENGINEER. NEED TEST TO SEE IF 5

6 THE PROPERTY ADEQUATELY DRAINS. SUBJECT TO THE INSTALLATION OF SECURITY LIGHTING, AND NO SLEEPING IN THE VEHICLES, AND ANY OTHER CONDITIONS IMPOSED ON SIMILAR FACILITIES IN THE TOWN OF MEDLEY. The request by Carlos Callava to keep Augusto Curbelo as temporary help for a few weeks was discussed. Town Attorney Melvin Wolfe stated that he cannot drive any Town vehicles under any circumstances nor may he drive his own vehicles on Town business due to his license being suspended. After a brief discussion Councilperson De Jesus moved as follows: TO KEEP AUGUSTO CURBELO FOR A FEW WEEKS SUBJECT TO HIM NOT DRIVING ANY TOWN VEHICLE OR HIS OWN VEHICLE ON TOWN BUSINESS. Councilperson Advincula seconded the motion and it was carried unanimously. Carlos Callava also stated that Alexis Chavez who has been working for the Public Works Department since September 16, 2002 be hired full-time. Carlos recommends his hiring on a full time basis. After a brief discussion Councilperson Advincula moved as follows: TO APPROVE THE HIRING OF ALEXIS CHAVEZ ON A FULL TIME BASIS, EFFECTIVE JANUARY 7, 2003 AT A SALARY ESTABLISHED BY HIS JOB CATEGORY UNDER THE EXISTING COLLECTIVE BARGAINING AGREEMENT WITH THE FPE. Councilperson Benedetto seconded the motion and it was carried unanimously. He also requested that James McBride s records be kept by J.J. Garcia since he has been working with J.J. for over six months. A unanimous approval was given. A discussion and action to instruct Town Attorney to create a Code Enforcement Ticketing System was then held. After a brief discussion Councilperson Advincula moved as follows: TO INSTRUCT TOWN ATTORNEY MELVIN WOLFE TO IMPLEMENT THE PROCEDURES TO CREATE A CODE ENFORCEMENT TICKETING SYSTEM. Councilperson Benedetto seconded the motion and it was carried unanimously. 6

7 A discussion regarding the purchase of a juice machine for the Medley Lakeside Retirement Park was presented. Jose De Jesus presented the council several bids. After a brief discussion Councilperson Advincula moved as follows: TO AUTHORIZE THE PURCHASE AND INSTALLATION OF A JUICE MACHINE ATTACHED TO A WATER LINE AT MEDLEY LAKESIDE RETIREMENT PARK. THE JUICE TO BE DISPENSED BY PARK ATTENDANTS ONLY. IT WILL BE A TWO FLAVOR MACHINE. Building Official Salvatore Annese requested an approval for tire allowance. He uses his car for Town business and the tires on his vehicle receive more than the normal wear. After a brief discussion Councilperson Advincula moved as follows: THAT THE TOWN TO CONTRIBUTE 80% OF THE EXPENSE TOWARDS THE PURCHASE OF TIRES FOR SALVATORE ANNESE S VEHICLE UP TO A MAXIMUM OF $ Councilperson Benedetto seconded the motion and it was carried unanimously. Town Attorney Melvin Wolfe reported that Lexington Insurance Company had quoted the Town on Terrorism Risk Insurance on a prorated premium for the remainder of the year. The premium would be $ He explained that the Federal Government is responsible for 90% of terrorism losses not exceeding 90 billion dollars. No action was taken on the matter. Mayor Morrow stated that Henry Torres is willing to sell the Town two lots for $150, They are the house that Mr. Martin lived in and the lot where Virginia Worth lived. Henry Torres will provide the Mayor a final quotation which will be brought back to the February 2003 Council Meeting. After a brief discussion Councilperson De Jesus moved as follows: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT TO PURCHASE THE TWO LOTS FROM HENRY TORRES AT AN AGGREGATE PRICE NOT TO EXCEED $150, Councilperson Advincula seconded the motion and it was carried unanimously. Councilperson Benedetto stated that there are trucks still entering on N.W. South River Drive. They block the road. Town Attorney Melvin Wolfe advised him that when that happens people with complaints need to call the police. 7

8 Town Attorney Melvin Wolfe then read Resolution C-818, requesting the Board of County Commissioners of Miami-Dade County recommend an Ordinance approving proposed municipal boundary changes described as the partial annexation of lands known as Section 10. Councilperson De Jesus moved to approve Resolution C-818 as read. Councilperson Advincula seconded the motion and it was carried unanimously. Mayor Morrow stated that there is a resident that is making too much noise in Town and it is bothering the neighbors around him. Ms. Kimball has complained on various occasions. Mayor Morrow asked Walter Wernke to try to locate a noise level machine with print out tape. Walter Wernke said he will research the matter. Councilperson Benedetto stated that some residents asked him why the Town did not put up bulletins announcing the Council Meetings. He was advised that agendas are delivered to each and every house. A resident that lives in the motel behind the Texaco station on N.W. South River Drive was present and advised that there is a lot of illegal dumping going on in the newly annexed area. Town Attorney Melvin Wolfe suggested that when the budget process begins that the Town consider adding another Code Enforcement Officer for a nighttime shift. Resolution C-819, establishing an Elected Officials Supplemental Defined Benefit Pension Plan was read by Town Attorney Melvin Wolfe. Councilperson De Jesus moved to approve this Resolution as read. Vice Mayor Tanner seconded the motion and it was carried unanimously. The request by Ricardo Gonzalez to allow a truck stop on property located at 9950 N.W. South River Drive was tabled at the request of the applicant. Mayor Morrow announced that he would be retiring at the end of his term in the year Since there was no further business to be considered, Councilperson De Jesus moved to adjourn. Councilperson Advincula seconded the motion and it was carried unanimously. The meeting was adjourned at 10:40 p.m. Herlina Taboada, Town Clerk Jack Morrow, Mayor 8

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