MINUTES OF A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF MEDLEY, FLORIDA JUNE 2, 2003

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1 MINUTES OF A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF MEDLEY, FLORIDA JUNE 2, 2003 A regular meeting of the Town Council was called to order on June 2, 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 minutes of the regular meeting of May 5, 2003, May 21, :00 P.M. and May 21, :00 P.M. were read and corrected and approved as corrected. Town Attorney Melvin Wolfe announced that June 12, 2003 is the next annexation meeting. The van will leave Town Hall at 8:30 a.m. The next item was the request by William Hernandez to store boats, Rv s and equipment trailers on N.W. 93 Street and N.W. South River Drive. Mr. Hernandez was present and stated that he only wanted permission for the modular office. There was some confusion as to what Mr. Hernandez first asked for and what he wants now. He was given one-year permission to use a modular office trailer. The modular office needs to have a holding tank for sanitary purposes. There seemed to be some additional confusion with his request. After a brief discussion Councilperson Advincula moved as follows: TO TABLE THE REQUEST BY WILLIAM HERNANDEZ TO OBTAIN MORE INFORMATION. 1

2 Councilperson Benedetto seconded the motion and it was carried unanimously. The next item on the agenda was a status report on the Medley landfill. Town Attorney Melvin Wolfe read a letter from Westhhorp Associates where it states that they do not recommend that the Town of Medley file a petition challenging the particular permit modification regarding the use of dredged sediment as a cover. The materials in question are sediments from surface water bodies that may be contaminated to varying degrees. However, these materials are not classified as hazardous waste and may be taken at the landfill for disposal under the current permit. A Resolution granting variance to Decorative Block, Inc. was tabled until the July Council meeting due to publishing circumstances. Vice Mayor Tanner moved to table until the July Council Meeting. Councilperson Benedetto seconded the motion and it was carried unanimously. A Resolution granting variance to owner/developer Edmil Investments Corp. whereon the tenant is Miguel Lopez Jr. Inc. was also tabled until the July Council Meeting due to publishing circumstances. Vice Mayor Tanner moved to table until the July Council Meeting. Councilperson Benedetto seconded the motion and it was carried unanimously. The next matter on the agenda was the appointment of two Code Enforcement Board Members. Four applications were received, they were from: Nancy Nixon, Alina Muñoz, Carlos Pizzati, and Edgar Ayala. After a brief discussion Councilperson De Jesus moved as follows: TO APPOINT CARLOS PIZZATI TO THE CODE ENFORCEMENT BOARD. Councilperson De Jesus again moved as follows: TO APPOINT NANCY NIXON TO THE CODE ENFORCEMENT BOARD. The presentation of Financial Statements by Jim Warmus and Lena Grey was then presented. Lena Grey thoroughly explained the statements. The biggest issue was the Water Department and its water loss. Rod Rodriguez and Walter Wernke presented their ideas as to why the Town is loosing so much water. Town Attorney Melvin Wolfe asked Wally to look into the issue of illegal tapping into system, bypassing of meters, and defective meters. Walter will call WASD to calibrate the meters. Overall Jim Warmus and Lena Grey stated that the Town is in very good shape. They commended the Finance Director Roy Danziger and Town Attorney Melvin Wolfe for their continued efforts to keep the town in a secure financial condition. After a brief discussion Vice Mayor Tanner moved as follows: 2

3 TO INSTRUCT THE TOWN CLERK TO PLACE THE ISSUE REGARDING WATER LOSSES ON THE JULY COUNCIL MEETING AGENDA FOR DISCUSSION AND REPORT UNDER OLD BUSINESS. The issue of raising the Town s reserves was also brought up. Town Attorney Melvin Wolfe suggested that the Town have a reserve equal to one year s ad valorem revenue collections. Councilperson Advincula commended Town Attorney Melvin Wolfe and Finance Director Roy Danziger for their work. The request by Atlantic & Caribbean Roof Consulting, LLC to obtain an occupational license on a parcel of land for the testing of roof systems without obtaining a building or sanitary facilities was the next matter discussed. Mr. Eric Smause and James Murton were present. After a brief discussion Vice Mayor Tanner moved as follows: TO APPROVE THE REQUEST BY ATLANTIC & CARIBBEAN ROOF CONSULTING, LLC FOR AN OCCUPATIONAL LICENSE ON A PARCEL OF LAND FOR THE TESTING OF ROOF SYSTEMS WITHOUT A BUILDING OR SANITARY FACILITIES ON THE PROPERTY OWNED BY MURTON ROOFING CORP UPON THE CONDITION THAT MURTON ROOFING ALLOWS ITS SANITARY FACILITIES TO BE OPEN TO ATLANTIC S EMPLOYEES. The request by Warehouse Investments Inc. to have the Town council consider a suggested change in its code to enable it to obtain permanent financing for its hotel project at approximately N.W. South River Drive was then presented. Attorney Cory Collins and Niurka Esquivel, CFO appeared before the council with this request. Town Attorney Melvin Wolfe informed them that they need a covenant for that property. In no event shall that property be converted to a permanent living facility or permanent occupancy. Town Attorney asked Mr. Collins to meet with him and suggested that the matter be tabled until the July council meeting. Councilperson Advincula moved to table the matter until the July Council meeting. Councilperson De Jesus seconded the motion and it was carried unanimously. The next item was a request by Italialat Foods Group, Inc. for permission to operate a food distribution and processing facility at Unit M, 9001 N.W. 97 Terrace. Mr. James Vulpetti, Roco Afiero, and Luis Bonilla were present. After a brief discussion Councilperson Advincula moved as follows: TO APPROVE THE REQUEST BY ITALIALAT FOODS GROUP, INC. TO OPERATE A DISTRIBUTION AND FOOD PROCESSING FACILITY PRIMARILY FOR THE DISTRIBUTION AND MANUFACTURE OF CHEESE, LOCATED AT 3

4 UNIT M, 9001 N.W. 97 TERRACE, SUBJECT TO: OBTAINING HEALTH DEPARTMENT INSPECTION AND CERTIFICATION FOR THE FACILITY. A public hearing for the purpose of requesting two variances for Biscayne Enterprises, Inc. and Urbieta Oil Company and the passage of a Resolution thereof for a gas station facility at N.W. 102 & Gran Park Boulevard was then held. Oscar Mendoza from Urbieta Oil was present. After a brief discussion Councilperson Advincula moved as follows: THAT THE TOWN COUNCIL SITTING AS THE PLANNING ADVISORY BOARD RECOMMENDS THE ENTRY OF A RESOLUTION APPROVING THE VARIANCES REQUESTED. Councilperson Benedetto seconded the motion and it was carried unanimously. Thereafter, Town Attorney Melvin Wolfe read Resolution C-836 approving such variances. Councilperson De Jesus moved to approve this Resolution as read. Councilperson Benedetto seconded the motion and it was carried unanimously. The request by Evelio Ley to obtain an occupational license to operate a wine distribution business at 9365 N.W. 101 Street was then presented. After a brief discussion Councilperson Advincula moved as follows: TO GRANT AN OCCUPATIONAL LICENSE TO EUROFLORIDA WINES, INC. FOR THE WHOLESALE SALES AND DISTRIBUTION OF WINES AND THAT THERE BE NO CONSUMPTION OF ALCOHOLIC BEVERAGES OR RETAIL SALES ON THE PREMISES. Councilperson De Jesus seconded the motion and it was carried unanimously. The next matter was a request by Germain Barrios to obtain an occupational license for the sale and rental of videos at 7911 N.W. 72 Avenue, #214B. Mr. Barrios emphasized that he would not rent or sell adult videos or toys. After a brief discussion Councilperson De Jesus moved as follows: TO GRANT AN OCCUPATIONAL LICENSE TO GERMAIN BARRIOS TO OPERATE A VIDEO SALE AND RENTAL FACILITY AT 7911 N.W. 72 AVENUE, UNIT 214B ACCORDING TO THE CONDITIONS HE HAS ESTABLISHED FOR HIMSELF IN THE LETTER DIRECTED TO THE MAYOR AND TOWN COUNCIL DATED JUNE 2, IN THE EVENT OF THE SALE OF THE BUSINESS THE OCCUPATIONAL LICENSE WILL NOT BE TRANSFERABLE. 4

5 Resolution C-835 authorizing a $400, loan for the completion of the Water Utility Loop in the Pennsuco area 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 Antonio Gonzalez the proposed purchaser of Allied Trucking to operate a truck repair/parking/fuel sales business at 9390 N.W. 109 Street for members of the general public was then discussed. Mayor Morrow advised that he sent Code Enforcement officers to take some pictures of the property because the property has some violations. Mr. Gonzalez has to meet with the site committee before a final determination can be accomplished. The request by Ruben Artiles to open a takeout sandwich deli shop at 8100 N.W. 74 Street was the next item on the agenda. The matter was tabled since no one was present. Town Attorney Melvin Wolfe stated that there is a job description in the packages for an Assistant Clerk/Administrative Department category. The only thing the Town has to do is post it on the bulleting board and the Town is in compliance with the union contract. The Town Clerk will interview and make the recommendations and then Roy will be the second person making recommendations and then the final decision will be the Mayor. The starting salary will be $9.75 an hour. Mayor Morrow requested that the position be advertised. Councilperson De Jesus moved as follows: TO AUTHORIZE THE CREATION OF AN ASSISTANT CLERK/ADMINISTRATIVE DEPARTMENTS UNDER WAGE CLASSIFICATION W06 SALARY RANGE OF $9.28 TO $13.92 PER HOUR. TO ADVERTISE THE POSITION IN THE RIVER CITIES GAZETTE AND POST THE JOB FOR SEVEN DAYS. A discussion regarding and presentation of work orders for various construction projects and status report on pending projects by C3TS was then held. Rod Rodriguez submitted a work order for the Medley Wastewater System Analysis of Necessary Upgrades to Permit increase of 70,000 GPD of Leachate Discharge into Town Sewers Engineering Investigation, Analysis and Report. Mayor Morrow stated that we might need a bigger pump station. After a lengthy discussion Councilperson Benedetto moved as follows: THE TOWN OF MEDLEY APPROVE THE RETAINING OF C3TS ACCORDING TO THE WORK ORDER FOR PROFESSIONAL SERVICES DATED 27 TH OF MAY, 2003 FOR THE PROJECT TITLED MEDLEY WASTEWATER SYSTEM ANALYSIS OF NECESSARY UPGRADES TO PERMIT INCREASE OF 70,000 GPD OF LEACHATE DISCHARGE INTO TOWN SEWERS ENGINEERING INVESTIGATION, ANALYSIS AND REPORT SUBJECT TO: WASTE 5

6 MANAGEMENT AGREEING TO ACCEPT THIS WORK ORDER, REIMBURSE THE TOWN FOR THE BILLING OF C3TS ACCORDING TO WORK ORDER AND WITH THE WRITTEN UNDERSTANDING THAT THIS IS NOT IN ANY WAY AN AGREEMENT BY THE TOWN SAYING TO WASTE MANAGEMENT YOU CAN DUMP THE EXCESS LEACHATE INTO THE SYSTEM OR INCREASE THE CAPACITY OF THE LANDFILL. Vice Mayor Tanner seconded the motion and the following votes were cast: Councilperson Advincula: Councilperson De Jesus: Councilperson Benedetto: Vice-Mayor Tanner: Mayor Morrow: No The motion was carried by majority vote. Rod Rodriguez announced that there will be a dinner for Jose Abreu on Friday, June 13, 2003 at the Parrot Jungle in Watson Island. Mayor Morrow invited all council members and their spouses. After a brief discussion Councilperson Benedetto moved as follows: TO AUTHORIZE UP TO FIVE COUPLES, MEMBERS OF THE TOWN COUNCIL AND THEIR MEANINGFUL OTHERS TO ATTEND THE JOSE ABREU HONORARY DINNER AT THE WATSON ISLAND PARROT JUNGLE, JUNE 13, 2003, NOT TO EXCEED $ PER COUPLE. Ramon Rodriguez stated that at the last Youth Committee meeting it was discussed to have the next teenage party at CB Smith Park on June 14, He suggested a $1, expense for the trip. After a brief discussion Councilperson Advincula moved as follows: TO AUTHORIZE AN EXPENDITURE OF $1, FOR THE EXCURSION TO CB SMITH PARK FOR THE YOUTH COMMITTEE MEMBERSHIP. Councilperson De Jesus stated that she will bring information regarding the Jungle Queen excursion for senior citizens to the next regular council meeting for discussion. 6

7 Vice Mayor Tanner questioned about mosquito spraying at the Medley Lakeside Retirement Park. She was informed that it is being done. Since there was no further business to be considered, Councilperson De Jesus moved to adjourn. Councilperson Benedetto seconded the motion and it was carried unanimously. The meeting was adjourned at 10:40 p.m. Herlina Taboada, Town Clerk Jack Morrow, Mayor 7