City Council
Regular MeetingHialeah, FL · March 13, 2018
Minutes
Carlos Hernández Council Members
Mayor Katherine Cue-
Fuente
Vivian Casáls-Muñoz Isis Garcia-Martinez
Council President Paul B. Hernández
Lourdes Lozano
Jose F. Caragol
Council Vice President Carl Zogby
City Council Meeting Minutes
March 13, 2018
7:00 P.M.
Call to Order
REPORT: Council President Casáls-Muñoz called the meeting to order at 7:06 p.m.
Roll Call
REPORT: The following Council Members were present:
o Council President Vivian Casáls-Muñoz
o Councilman Vice President Jose Caragol
o Councilwoman Isis Garcia-Martinez
o Councilman Paul Hernandez
o Councilwoman Lourdes Lozano
o Councilman Carl Zogby
REPORT: The following Council Members were absent:
o Councilwoman Katharine Cue-Fuente
REPORT: Also present were:
o Mayor Carlos Hernandez
o Lorena Bravo, City Attorney
Invocation given by Marbelys Fatjo, City Clerk
REPORT: The invocation was led by Marbelys Fatjo, City Clerk.
Pledge of Allegiance to be led by Councilwoman Isis Garcia-Martinez
REPORT: The Pledge of Allegiance was led by Councilwoman Isis Garcia-Martinez.
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MEETING GUIDELINES
The following guidelines have been established by the City Council:
ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK
As a courtesy to others, please refrain from using cellular telephones or other
similar electronic devices in the Council Chamber.
A maximum of three (3) speakers in favor and three (3) speakers in
opposition will be allowed to address the Council on any one item. Each
speaker’s comments will be limited to three (3) minutes.
No signs or placards, in support of or in opposition to an item or speaker,
shall be permitted within the Council Chamber.
Members of the public may address the City Council on any item
pertaining to City business during the Comments and Questions portion of
the meeting. A member of the public is limited to one appearance before the
City Council and the speaker’s comments will be limited to three
(3) minutes.
REPORT: The meeting guidelines were read into the record by Marbelys Fatjo, City Clerk
in English, and by Brigette Leal, Office of the City Clerk, in Spanish.
PRESENTATIONS
Presentation by the Honorable Sally Heyman, Miami-Dade County Board of County
Commissioners, District 4, regarding law enforcement and civil citations.
REPORT: Presentation by the Honorable Sally Heyman, Miami-Dade County Board of
County Commissioners. Commissioner Heyman provided the Mayor, City Attorney and
City Clerk with documentation titled Summation – Miami-Dade County Uniform (Adult)
Civil Citation II.
Presentation by Mayor Hernandez of a Certificates of Merit to the following 40 students and
10 coaches of Champagnat Catholic School for becoming champions at the Florida High
School Athletic Association Football State Championships. The Champagnat Lions were
one of only two teams in Miami-Dade County who played. (MAYOR HERNANDEZ)
1) Alan Louis
2) Breyon Williams
3) Calvin Montgomery
4) Daryn Jones
5) Dalvin Montas
6) Dartrell Rolle
7) Desjaun Kearse
8) Dishon Gardner
9) Donald Georges
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10) Donovan Georges
11) Elias Blandon
12) Ezekial Figueroa
13) Free Mighty
14) Gregory Rousseau
15) Jahani Wright
16) Jesus Machado
17) Johnquai Lewis
18) Jovens Janvier
19) Kaleb Evans
20) Noah Pierre
21) Kervin Dessources
22) Kevin Acosta
23) Khiry Stubbs
24) Keyshon Gardner
25) Leon McClain
26) Manuel Garriga
27) Marc Britt
28) Michael Cartwright
29) Michael Noel
30) Reginald Dixon
31) Lamarus King
32) Rony Bourdeau
33) Shedrick Ursery
34) Todgrick Walker
35) Terrence Critterdon
36) Kayode Oladele
37) Maxisien Michel
38) Tyrell Page
39) Tyronne Streeter
40) Hector Clavijo
41) John Lewis
42) Daniel Clavijo
43) Julius Eppinger
44) George Stubbs
45) Jason Kilpatrick
46) Eduardo Barnes
47) Dennis Marroquin (Head Coach)
48) Frivin Dor
49) Jose Ventura
50) Dr. Reinaldo F. Alonso (President)
51) Nuria Alloza-Sanchez (Principal)
52) Isabel C. Alonso (Director)
REPORT: Isabel Cristina Alonso, 1851 Palm Avenue, introduced the head coach, Dennis
Maroquin, and thanked the Mayor and City Council for presenting Champagnat Catholic
School Football team with Certificates of Merit.
REPORT: Team Captain Donoves George presented a metal to Mayor Carlos Hernandez.
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Presentation of a plaque by Major Hubert Ruiz, on behalf of the Hialeah Police Department,
to Sergeant Adrian Gonzalez and Detective Gene Delima for apprehending the serial armed
robber who committed twenty-four armed robberies, four of which took place in the City of
Hialeah. (HIALEAH POLICE DEPT.)
REPORT: Presentation by Major Hubert Ruiz to Sergeant Adrian Gonzalez and Detective
Gene Delima, Hialeah Police Department.
REPORT: Chief Velazquez recognized Sergeant Adrian Gonzalez and Detective Gene
Delima.
1. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA
NONE
2. CONSENT AGENDA
All items listed with letter designations are considered routine and will be enacted by one
motion. There will be no separate discussion of these items unless a Councilmember, the
Mayor or a resident so requests, in which case the item will be removed from the consent
agenda and considered along with the regular order of business.
REPORT: Motion to Approve the Consent Agenda, made by Council Vice President
Caragol, and seconded by Councilman Hernandez. Motion passed 5-0-2 with
Councilwoman Cue-Fuente absent and Councilwoman Garcia-Martinez not present
during the roll call.
REPORT: Councilwoman Garcia-Martinez recorded her vote as “YES”.
A. Request permission to approve the minutes of the City of Hialeah Council Meeting held
on February 27, 2018. (OFFICE OF THE CITY CLERK)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
B. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City to execute a second amendment to the service agreement between
Community Champions Corporation, Property Registration Champions, LLC, and the
City of Hialeah, Florida, in substantial conformity with the agreement attached hereto
and made a part hereof as Exhibit “1” for a term of one year commencing on April 1,
2018 and ending on March 31, 2019, with an option to renew for a one year term;
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providing for an effective date. (BUILDING)
APPROVED 5-0-2 with Councilwoman Cue-Fuente absent and Garcia-Martinez
not present during the roll call.
RESOLUTION 2018-023
C. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to Converge Systems Co. LLC., vendor providing the lowest
quotation, for the replacement of the current building management system that controls the
air conditioning inside of City Hall, in the amount of $37,678, and further request an
additional amount of $3,000 for any unforeseen additional costs that may arise during the
implementation of the new system, in a new total cumulative amount not to exceed
$40,678. (CONSTRUCTION AND MAINTENANCE DEPT.)
APPROVED 5-0-2 with Councilwoman Cue-Fuente absent and Garcia-Martinez not
present during the roll call.
D. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase purchase order #2018-557, issued to Bennett Fire Products Company, Inc., to
purchase bunker gear and firefighter personal protective equipment (boots) to outfit sixteen
(16) new recruits hired on January 29, 2018, by an additional amount of $21,064, for a new
total cumulative amount not to exceed $36,064. (FIRE DEPT.)
APPROVED 5-0-2 with Councilwoman Cue-Fuente absent and Garcia-Martinez not
present during the roll call.
E. Proposed resolution authorizing the application for, and if awarded, the acceptance of, a
grant from The Federal Universal Service Fund (e-rate) for schools and libraries, for state
fiscal year 2018-2019, for internet services whereby the grant provides for a 90% discount
to the City on internet services; and further authorizing the expenditure of $6,420 for
internet services; providing for an effective date. (LIBRARY DIV.)
APPROVED 5-0-2 with Councilwoman Cue-Fuente absent and Garcia-Martinez not
present during the roll call.
RESOLUTION 2018-024
F. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to Eureka Farms LLC, vendor providing the lowest quotation, to
purchase Green Island Ficus Plants to plant throughout the City of Hialeah, in a total
cumulative amount not to exceed $16,500. (STREETS)
APPROVED 5-0-2 with Councilwoman Cue-Fuente absent and Garcia-Martinez not
present during the roll call.
G. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to enter into a Landscape and Turf Maintenance Memorandum of
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Agreement between the State of Florida, Department of Transportation, and the City of
Hialeah, Florida, for the maintenance of turf and landscape of State Road (S.R.) 944 from
East 4th Avenue to East 10th Avenue, in substantial conformity with the agreement attached
hereto and made a part hereof as Exhibit “1”; providing for an effecting date. (STREETS)
APPROVED 5-0-2 with Councilwoman Cue-Fuente absent and Garcia-Martinez not
present during the roll call.
RESOLUTION 2018-025
H. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to enter into a Landscape and Turf Maintenance Memorandum of
Agreement between the State of Florida, Department of Transportation, and the City of
Hialeah, Florida, for the maintenance of turf and landscape of State Road (S.R.) 934 from
East 4th Avenue to East 6th Avenue, in substantial conformity with the agreement attached
hereto and made a part hereof as Exhibit “1”; providing for an effective date. (STREETS)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
RESOLUTION 2018-026
I. Report of Scrivener’s Error – On April 26, 2016 the City Council passed and adopted
Resolution No. 2016-046, to approve the final decision of the Planning and Zoning
Board, Decision No. 16-06 that granted adjustments on property located at 3528 West 14
Lane. The resolution was approved with the address as 3528 West 14 Place, Hialeah,
Florida. The resolution is being corrected to reflect “Lane” instead of “Place” in the
address. (LAW DEPT.)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
J. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to enter into an interlocal agreement for a term of three (3) years with
Miami-Dade County for the enforcement of Section 8CC of the Miami-Dade County
Code, as it relates to Section 21-81 of the Miami-Dade County Code, regarding the
establishment of a Civil Citation Program, and further authorizing the Mayor and the City
Clerk, as attesting witness, on behalf of the City, to execute the lease agreement in
substantial form as attached hereto and made a part hereof as Exhibit “A”. (POLICE
DEPT.)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
RESOLUTION 2018-027
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K. Report of Scrivener’s Error – On January 23, 2018 the City Council passed and adopted
Ordinance No. 2018-005, to allow for the replatting, demolition and construction of a
duplex on property located at 808 East 32 Street, Hialeah, Florida. The ordinance is
being amended to correct the following errors:
(1) In the title of the ordinance, as well as in Section 2 of the ordinance, the
reference to 4,265 square feet for the corner lot should reflect 5,471.
(2) The Whereas Clause that provided for the completion of construction in 18
months should read as follows: WHEREAS, the developer has proffered a
Declaration of Restrictive Covenants to, among other things, ensure the
completion of the home within 24 months following the date of approval of
the final site plan, and for plat approval within 18 months, to which the City
accepts. (LAW DEPT.)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
L. Request permission to utilize State of Florida Contract No. 22101000-15-1 –
Construction and Industrial Equipment, effective through June 30, 2018, since it is
advantageous to the City, and increase purchase order # 2018-162, issued to Kelly
Tractor Co, to purchase caterpillar parts and services for the City’s heavy equipment
parts, by an additional amount of $40,000, for a new total cumulative amount not to
exceed $80,000. (FLEET MAINTENANCE DEPT.)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
M. Request permission to increase purchase order # 2018-608, issued to Law Enforcement
Psychological and Counseling Associates, Inc., whose primary psychologist is Mark
Axelberd, Ph.D., to provide psychological screening services for the hiring of police
officers, firefighters and the Employee Assistance Program, by an additional amount of
$10,000, for a new total cumulative amount not to exceed $25,000. (HUMAN
RESOURCES DEPT.)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
N. Request permission to utilize Florida Sheriffs Association Bid No. FSA17-VEL25.0 –
Police Rated, Administrative, Utility Vehicles, Trucks and Vans, effective through
September 30, 2018, and issue a purchase order to Duval Ford, LLC, to purchase thirty
(30) 2018 Ford Interceptor Police Rated Sedan, in the amount of $25,043 per vehicle, in
a total cumulative amount not to exceed $751,290. Further request permission to issue a
purchase order to Rainbow Window Tinting Inc., for the outfitting of the vehicles, in a
total cumulative amount of $189,806.70. Further request permission to issue a purchase
order to Trimline Graphics International, Inc., for the striping of the vehicles, in a total
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cumulative amount of $12,750. (POLICE DEPT.)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
O. Proposed resolution approving the expenditure totaling an amount not to exceed
$57,892.60 from the Law Enforcement Trust Fund – State, to purchase forty ballistic
helmets from Federal Eastern International, Inc., lowest quoted vendor, upon such costs
having been approved by the Chief of Police. (POLICE DEPT.)
APPROVED 5-0-2 with Councilwoman Cue- Fuente absent and Garcia-Martinez
not present during the roll call.
RESOLUTION 2018-028
3. ADMINISTRATIVE ITEMS
3A. Second reading and public hearing of proposed ordinance amending Ordinance No. 2008-
43 releasing and abandoning the water line easement reserved to the City of Hialeah
legally described and depicted on Exhibit “A” previously reserved upon the closing,
vacating and abandoning for public use a 12-foot alley situated within Block 35-B,
Amended Plat of the Amended Plat of Thirteenth Addition to Hialeah, Plat Book 34,
Page 26, of the Miami-Dade County Public Records, lying between East 5 Avenue and
East 6 Avenue and between East 25 Street and East 26 Street, Hialeah, Florida; repealing
all ordinances or part of ordinances in conflict herewith; providing penalties for violation
hereof; providing for a severability clause; and providing for an effective date. (LAW
DEPT.)
APPROVED 5-0-2 with Councilwoman Cue-Fuente absent and Councilwoman
Garcia-Martinez not present during the roll call.
ORDINANCE NO. 2018-022
Item was approved by the City Council on first reading on February 27, 2018.
REPORT: Motion to Approve Item 3A made by Council Vice President Caragol, and
seconded by Councilman Zogby. Motion passed 5-0-2 with Councilwoman Cue-Fuente
absent and Garcia-Martinez not present during the roll call.
REPORT: Councilwoman Garcia-Martinez recorded her vote as “YES”.
3B. Second reading and public hearing of proposed ordinance amending Chapter 98, entitled
“Zoning”, Article VI, entitled “Supplementary District Regulations”, Division 5 entitled
“Uses”, Subdivision IX entitled “Residential Care and Treatment Facilities”, by repealing
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and replacing §§ 98-1986 through 98-1988, respectively entitled “Definitions”, “Limited
Supervisory Residential Care and Treatment Facilities”, and “Supervisory Residential
Care and Treatment Facilities” of the Code of Ordinances of the City of Hialeah, Florida,
with updated regulations §§ 98-1986 through 98-1988; and by adding new sections 98-
1989 entitled “Community Residential Homes”, 98-1990 entitled “Reasonable
Accommodation”, 98-1991 entitled “Emergency Power”, and 98-1992, entitled “No Use
Variances”; for siting of care and treatment facilities in the City; repealing all prior
ordinances in conflict herewith; providing for penalties; providing for severability;
providing for inclusion in the code; providing for an effective date.
(ADMINISTRATION)
APPROVED 6-0-1 with Councilwoman Cue-Fuente absent.
ORDINANCE NO. 2018-023
The proposed ordinance was amended and provided to the City Council on Friday, March 9,
2018, along with the agenda packet for the March 13, 2018 City Council Meeting.
Item was approved on first reading by the City Council on January 23, 2018. Second reading
and public hearing was scheduled for February 13, 2018. On February 13, 2018 the item was
tabled until March 13, 2018.
Item was approved by the City Council on first reading on January 23, 2018.
REPORT: Olga Golik, 4175 West 20 Avenue, addressed the City Council on this item.
REPORT: Lorena Bravo, City Attorney requested that the proposed ordinance be
amended as follows: STRIKE the following language from Sec. 98-1992 – No Use
Variance, “or that otherwise meets the definition of a community residential home as
provided therein.”
REPORT: Motion to Approve Item 3B as Amended made by Council Vice President
Caragol, and seconded by Councilwoman Garcia-Martinez. Motion passed 6-0-1 with
Councilwoman Cue-Fuente absent.
REPORT: Prior to reading Item 3C into the record, Councilwoman Garcia-Martinez
recorded her vote for the Consent Agenda and Item 3A.
3C. First reading of proposed ordinance amending Chapter 2 entitled “Administration” of the
Code of Ordinances, Article V. entitled “Finance”, Division 2. entitled “Fees and
Charges”, and in particular amending Section 2-871 “Duplication and Certification of
Public Documents” to provide for deposit requirements when the estimated cost of
production exceed $25.00, providing for time of payment; requiring payment of all past
due fees prior to complying with subsequent requests; and to provide length of time
copies will be kept after request is fulfilled; repealing all ordinance or parts of ordinances
in conflict herewith; providing penalties for violation hereof; providing for inclusion in
code; providing for a severability clause and providing for an effective date.
(ADMINISTRATION)
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APPROVED 6-0-1 with Councilwoman Cue-Fuente absent.
REPORT: Motion to Approve Item 3C made by Council Vice President Caragol, and
seconded by Councilwoman Garcia-Martinez. Motion passed 6-0-1 with Councilwoman
Cue-Fuente absent. Second reading and public hearing is scheduled for March 27, 2018.
4. BOARD APPOINTMENTS
NONE
5. UNFINISHED BUSINESS
Mayor Hernandez thanked all Council Members who were present for John
Brunetti’s service.
Council President Casáls-Muñoz thanked all on behalf of Hialeah Park.
6. NEW BUSINESS
Carlos Berrigan, 8879 West 38 Avenue, addressed the City Council to request
reimbursement of FPL payments made for the lift station by the Aragon
Homeowners Association, as well as for the cost of replacement of the lift station
door which was damaged during a hurricane. Mr. Berrigan provided the City
Council with documentation titled “Island Fence of Dade Proposal – Contract
3748/2151” and “FPL Payments on Account # 80064-40252”.
7. COMMENTS AND QUESTIONS
Carlos Berrigan, 8879 West 38 Avenue, addressed the City Council and requested
the City’s assistance in adding a third parking space to single family homes located
in the Aragon community. Mr. Berrigan provided the City Council with a
photograph.
Deborah Storch, Planning and Zoning Official, City of Hialeah, addressed the City
Council regarding Mr. Berrigan’s request.
Eduardo Lavin, 8822 West 34 Court, addressed the City Council regarding the
importance of the third parking space in the Aragon community.
Carlos Berrigan, 8879 West 38 Avenue, addressed the City Council regarding the
need for a City park in the area of his neighborhood.
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ZONING
Administration of Oath to all applicants and anyone who will be speaking before the City
Council on any Zoning, Land Use or Final Decision Item
Attention Applicants:
Items approved by the City Council are subject to the Mayor’s approval or veto.
The Mayor may withhold his signature or veto the item. If the Mayor’s signature is
withheld, the item is not effective until the next regularly scheduled meeting. If the
Mayor vetoes the item, the item is rejected unless the Council overrides the veto at
the next regular meeting.
REPORT: Councilwoman Lourdes Lozano left the City Council Meeting at 8:20 p.m.
REPORT: All were duly sworn in.
PZ 1. Second reading and public hearing of proposed ordinance granting a variance permit to
allow a residential use on the ground level, where only nonresidential uses are permitted,
for construction of a duplex on a substandard lot with a frontage of 50 feet, where75 feet
are required (46% of 100%); an area of 6,750 feet, where 7,500 feet are required; a front
setback of 6.5 feet, where 0 feet is required at the ground level; and allow a 5 foot 1 inch
east side setback, where 10 feet 1 inch are required; all contra to Hialeah Code of
Ordinance §§ 98-348(a), 98-972(3)a.,98-976(1), (2)(b.) and (4). Property located at 33
West 3rd Street, Hialeah, Florida. Property zoned CBD (Central Business District).
Repealing all ordinances in conflict herewith; providing penalties for a violation hereof;
providing for a severability clause and providing for an effective date. (Applicant:
Excellent New Homes, LLC, 8806 NW 139 Terrace, Miami Lakes, Florida 33018)
APPROVED 5-0-2 with Councilwoman Cue-Fuente and Councilwoman Lozano
absent.
ORDINANCE NO. 2018-024
Item was approved by the City Council on first reading on February 27, 2018. Second
reading and public hearing is scheduled for March 13, 2018.
Item was approved by the Planning and Zoning Board on February 14, 2018.
Planner’s Recommendation: Approve with conditions.
Owner of the Property: Excellent New Homes LLC, 8806 NW 139 Terrace, Miami Lakes, FL
33018.
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REPORT: Motion to Approve Item PZ 1 made by Councilwoman Garcia-Martinez, and
seconded by Councilman Hernandez. Motion passed 5-0-2 with Councilwoman Lozano and
Councilwoman Cue-Fuente absent.
PZ 2. Second reading and public hearing of proposed ordinance granting a special use permit
(SUP) to allow the expansion of the Neighborhood Business District regulations pursuant
to Hialeah Code of Ordinances § 98-1630.8 to allow the development of the property with a
30-unit apartment building; and granting a variance permit to allow 80% of the units with
less than 850 square feet, where 90% of the units are required to have a minimum area of
850 square feet; allow front and street side setback of 5 feet 8 inches, where 10 feet is the
minimum required for the base of the building; allow 2 inches front and side setbacks for
the middle and cap of the building, where 22 feet and 34 feet are the minimum required;
allow 4 feet rear setback for the middle and cap of the building, where 22 feet and 28 feet
are the minimum required; allow no pervious area, where 20% is the minimum required;
and allow 43 parking spaces, where 68 parking spaces are required; contra to Hialeah Code
§§ 98-1630.2, 98-2189(7) and (16)a, 98-1630.2, 98-1630.3(e)(1) and (e)(2) and 98-2197,
and City of Hialeah Landscape Manual § (E) updated July 15, 2015. Property zoned CR
(Commercial Residential). Property located at 800 Palm Avenue, Hialeah, Florida.
Repealing all ordinances in conflict herewith; providing penalties for violation hereof;
providing for a severability clause; and providing for an effective date. (Applicant: Ceasar
Mestre, Esq., on behalf of 800 Palm Avenue, LLC)
APPROVED 5-0-2 with Councilwoman Cue-Fuente and Councilwoman Lozano
absent.
ORDINANCE NO. 2018-025
Item was approved by the City Council on first reading on February 27, 2018. Second reading and
public hearing is scheduled for March 13, 2018.
Registered Lobbyist: Ceasar Mestre Jr. Esq., 7600 West 20 Avenue, #220, Hialeah, FL 33016
Item was approved by the Planning and Zoning Board on February 14, 2018.
Planner’s Recommendation: Approval
Owner of the Property: 800 Palm Avenue LLC, 6100 Blue Lagoon Drive, #430. Miami, Florida 33126,
Oscar A. Garcia, 6100 Blue Lagoon Drive, # 430, Miami, FL 33126, and Icer Palacio, 6100 Blue
Lagoon Drive, # 430, Miami, FL 33126
REPORT: Motion to Approve Item PZ 2 made by Councilwoman Garcia-Martinez, and
seconded by Councilman Hernandez. Motion passed 5-0-2 with Councilwoman Lozano and
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Councilwoman Cue-Fuente absent.
PZ 3. First reading of proposed ordinance repealing and rescinding Hialeah, Fla., Ordinance
1981-71 (June 23, 1981), that allowed two living units in a single family house, property
zoned R-1, and granting a request to rezone the property from R-1 (One Family District) to
R-2 (One and Two Family Residential District) to allow the conversion of the existing two
living units in the single family house into a duplex; and granting a variance permit to
allow total lot coverage of 33.5% where 30% is required; and to allow an interior south side
setback to 7.5 feet where 8 feet is required; contra to Hialeah Code of Ordinances §§ 98-
546 and 98-2056(b)(2). Property located at 4451 East 8th Court, Hialeah, Florida;
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for
violation hereof; providing for a severability clause; and providing for an effective date.
(Applicant: Sara Chong, 4451 East 8 Court, Hialeah, FL 33013)
POSTPONED UNTIL April 10, 2018.
Item was tabled by the City Council on February 27, 2018 until March 13, 2018, per the request of
the Zoning Official. First reading is scheduled for March 13, 2018.
Item was approved subject to declaration of restrictive covenants by the Planning and Zoning Board
on February 14, 2018.
Registered Lobbyist: Elisa Garcia, 5721 NW 194 Street, Miami Gardens, Florida, 33169.
Planner’s Recommendation: Denial.
Owner of the Property: Sara Chong, 4451 East 8 Court, Hialeah, FL 33013.
REPORT: Debora Storch, Planning and Zoning Official, City of Hialeah, addressed the
City Council on this item.
REPORT: Motion to Table Item PZ 3 until April 10, 2018 made by Council Vice President
Caragol, and seconded by Councilman Hernandez. Motion passed 5-0-2 with
Councilwoman Lozano and Councilwoman Cue-Fuente absent.
REPORT: The meeting was adjourned by Council President Casáls-Muñoz at 8:30 p.m.
NEXT CITY COUNCIL MEETING: Tuesday, March 27, 2018 at 7:00 p.m.
NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, May 22, 2018 at
6:30 p.m.
Anyone wishing to obtain a copy of an agenda item should contact the Office of the City
Clerk at
(305) 883-5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of
8:30 a.m. and 5:00 p.m.
Persons wishing to appeal any decision made by the City Council, with respect to any
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matter considered at the meeting, will need a record of the proceedings and, for such
purposes, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
An ordinance or resolution shall become effective when passed by the City Council and signed
by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor’s
signature is withheld or if the City Council overrides the Mayor’s veto. If the Mayor’s veto is
sustained, the affected ordinance or resolution does not become law and is deemed null and
void.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodations to participate in the proceeding should contact the Office of the City Clerk
at (305) 883-5820 for assistance no later than seven (7) days prior to the proceeding; if
hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD),
(877) 955-8773 (Spanish) or (800)
955-8770 (Voice).
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Agenda
Carlos Hernández Council Members
Mayor Katherine Cue-
Fuente
Vivian Casáls-Muñoz Isis Garcia-Martinez
Council President Paul B. Hernández
Lourdes Lozano
Jose F. Caragol
Council Vice President Carl Zogby
City Council Agenda
March 13, 2018
7:00 P.M.
Call to Order
Roll Call
Invocation given by Marbelys Fatjo, City Clerk
Pledge of Allegiance to be led by Councilwoman Katherine Cue-Fuente
MEETING GUIDELINES
The following guidelines have been established by the City Council:
ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK
As a courtesy to others, please refrain from using cellular telephones or other
similar electronic devices in the Council Chamber.
A maximum of three (3) speakers in favor and three (3) speakers in
opposition will be allowed to address the Council on any one item. Each
speaker’s comments will be limited to three (3) minutes.
No signs or placards, in support of or in opposition to an item or speaker,
shall be permitted within the Council Chamber.
Members of the public may address the City Council on any item
pertaining to City business during the Comments and Questions portion of
the meeting. A member of the public is limited to one appearance before the
City Council and the speaker’s comments will be limited to three
(3) minutes.
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PRESENTATIONS
Presentation by the Honorable Sally Heyman, Miami-Dade County Board of County
Commissioners, District 4, regarding law enforcement and civil citations.
Presentation of a plaque by Major Hubert Ruiz, on behalf of the Hialeah Police Department,
to Sergeant Adrian Gonzalez and Detective Gene Delima for apprehending the serial armed
robber who committed twenty-four armed robberies, four of which took place in the City of
Hialeah. (HIALEAH POLICE DEPT.)
Presentation by Mayor Hernandez of a Certificates of Merit to the following 40 students and
10 coaches of Champagnat Catholic School for becoming champions at the Florida High
School Athletic Association Football State Championships. The Champagnat Lions were
one of only two teams in Miami-Dade County who played.
1) Alan Louis
2) Breyon Williams
3) Calvin Montgomery
4) Daryn Jones
5) Dalvin Montas
6) Dartrell Rolle
7) Desjaun Kearse
8) Dishon Gardner
9) Donald Georges
10) Donovan Georges
11) Elias Blandon
12) Ezekial Figueroa
13) Free Mighty
14) Gregory Rousseau
15) Jahani Wright
16) Jesus Machado
17) Johnquai Lewis
18) Jovens Janvier
19) Kaleb Evans
20) Noah Pierre
21) Kervin Dessources
22) Kevin Acosta
23) Khiry Stubbs
24) Keyshon Gardner
25) Leon McClain
26) Manuel Garriga
27) Marc Britt
28) Michael Cartwright
29) Michael Noel
30) Reginald Dixon
31) Lamarus King
32) Rony Bourdeau
33) Shedrick Ursery
34) Todgrick Walker
35) Terrence Critterdon
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36) Kayode Oladele
37) Maxisien Michel
38) Tyrell Page
39) Tyronne Streeter
40) Hector Clavijo
41) John Lewis
42) Daniel Clavijo
43) Julius Eppinger
44) George Stubbs
45) Jason Kilpatrick
46) Eduardo Barnes
47) Dennis Marroquin (Head Coach)
48) Frivin Dor
49) Jose Ventura
50) Dr. Reinaldo F. Alonso (President)
51) Nuria Alloza-Sanchez (Principal)
52) Isabel C. Alonso (Director)
1. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA
The proposed ordinance for Item 3B has been amended.
2. CONSENT AGENDA
All items listed with letter designations are considered routine and will be enacted by one
motion. There will be no separate discussion of these items unless a Councilmember, the
Mayor or a resident so requests, in which case the item will be removed from the consent
agenda and considered along with the regular order of business.
A. Request permission to approve the minutes of the City of Hialeah Council Meeting held
on February 27, 2018. (OFFICE OF THE CITY CLERK)
B. Proposed resolution of the Mayor and the City Council of the City of Hialeah, Florida,
authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City to
execute a second amendment to the service agreement between Community Champions
Corporation, Property Registration Champions, LLC, and the City of Hialeah, Florida, in
substantial conformity with the agreement attached hereto and made a part hereof as
Exhibit “1” for a term of one year commencing on April 1, 2018 and ending on March
31, 2019, with an option to renew for a one year term; providing for an effective date.
(BUILDING)
C. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to Converge Systems Co. LLC., vendor providing the lowest
quotation, for the replacement of the current building management system that controls the
air conditioning inside of City Hall, in the amount of $37,678, and further request an
additional amount of $3,000 for any unforeseen additional costs that may arise during the
implementation of the new system, in a new total cumulative amount not to exceed
$40,678. (CONSTRUCTION AND MAINTENANCE DEPT.)
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D. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase purchase order #2018-557, issued to Bennett Fire Products Company, Inc., to
purchase bunker gear and firefighter personal protective equipment (boots) to outfit sixteen
(16) new recruits hired on January 29, 2018, by an additional amount of $21,064, for a new
total cumulative amount not to exceed $36,064. (FIRE DEPT.)
E. Proposed resolution authorizing the application for, and if awarded, the acceptance of, a
grant from The Federal Universal Service Fund (e-rate) for schools and libraries, for state
fiscal year 2018-2019, for internet services whereby the grant provides for a 90% discount
to the City on internet services; and further authorizing the expenditure of $6,420.00 for
internet services; providing for an effective date. (LIBRARY DIV.)
F. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to Eureka Farms LLC, vendor providing the lowest quotation, to
purchase Green Island Ficus Plants to plant throughout the City of Hialeah, in a total
cumulative amount not to exceed $16,500. (STREETS DEPT.)
G. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to enter into a Landscape and Turf Maintenance Memorandum of
Agreement between the State of Florida, Department of Transportation, and the City of
Hialeah, Florida, for the maintenance of turf and landscape of State Road (S.R.) 944 from
East 4th Avenue to East 10th Avenue, in substantial conformity with the agreement attached
hereto and made a part hereof as Exhibit “1”; providing for an effecting date. (STREETS)
H. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to enter into a Landscape and Turf Maintenance Memorandum of
Agreement between the State of Florida, Department of Transportation, and the City of
Hialeah, Florida, for the maintenance of turf and landscape of State Road (S.R.) 934 from
East 4th Avenue to East 6th Avenue, in substantial conformity with the agreement attached
hereto and made a part hereof as Exhibit “1”; providing for an effective date. (STREETS)
I. Report of Scrivener’s Error – On April 26, 2016 the City Council passed and adopted
Resolution No. 2016-046, to approve the final decision of the Planning and Zoning
Board, Decision No. 16-06 that granted adjustments on property located at 3528 West 14
Lane. The resolution was approved with the address as 3528 West 14 Place, Hialeah,
Florida. The resolution is being corrected to reflect “Lane” instead of “Place” in the
address. (LAW DEPT.)
J. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to enter into an interlocal agreement for a term of three (3) years with
Miami-Dade County for the enforcement of Section 8CC of the Miami-Dade County
Code, as it relates to Section 21-81 of the Miami-Dade County Code, regarding the
establishment of a Civil Citation Program, and further authorizing the Mayor and the City
Clerk, as attesting witness, on behalf of the City, to execute the lease agreement in
substantial form as attached hereto and made a part hereof as Exhibit “A”. (POLICE
DEPT.)
K. Report of Scrivener’s Error – On January 23, 2018 the City Council passed and adopted
Ordinance No. 2018-005, to allow for the replatting, demolition and construction of a
duplex on property located at 808 East 32 Street, Hialeah, Florida. The ordinance is
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being amended to correct the following errors:
(1) In the title of the ordinance, as well as in Section 2 of the ordinance, the
reference to 4,265 square feet for the corner lot should reflect 5,471.
(2) The Whereas Clause that provided for the completion of construction in 18
months should read as follows: WHEREAS, the developer has proffered a
Declaration of Restrictive Covenants to, among other things, ensure the
completion of the home within 24 months following the date of approval of
the final site plan, and for plat approval within 18 months, to which the City
accepts. (LAW DEPT.)
L. Request permission to utilize State of Florida Contract No. 22101000-15-1 –
Construction and Industrial Equipment, effective through June 30, 2018, since it is
advantageous to the City, and increase purchase order # 2018-162, issued to Kelly
Tractor Co, to purchase caterpillar parts and services for the City’s heavy equipment
parts, by an additional amount of $40,000, for a new total cumulative amount not to
exceed $80,000. (FLEET MAINTENANCE DEPT.)
M. Request permission to increase purchase order # 2018-608, issued to Law Enforcement
Psychological and Counseling Associates, Inc., whose primary psychologist is Mark
Axelberd, Ph.D., to provide psychological screening services for the hiring of police
officers, firefighters and the Employee Assistance Program, by an additional amount of
$10,000, for a new total cumulative amount not to exceed $25,000. (HUMAN
RESOURCES DEPT.)
N. Request permission to utilize Florida Sheriffs Association Bid No. FSA17-VEL25.0 –
Police Rated, Administrative, Utility Vehicles, Trucks and Vans, effective through
September 30, 2018, and issue a purchase order to Duval Ford, LLC, to purchase thirty
(30) 2018 Ford Interceptor Police Rated Sedan, in the amount of $25,043 per vehicle, in
a total cumulative amount not to exceed $751,290. Further request permission to issue a
purchase order to Rainbow Window Tinting Inc., for the outfitting of the vehicles, in a
total cumulative amount of $189,806.70. Further request permission to issue a purchase
order to Trimline Graphics International, Inc., for the striping of the vehicles, in a total
cumulative amount of $12,750. (POLICE DEPT.)
O. Proposed resolution approving the expenditure totaling an amount not to exceed
$57,892.60 from the Law Enforcement Trust Fund – State, to purchase forty ballistic
helmets from Federal Eastern International, Inc., lowest quoted vendor, upon such costs
having been approved by the Chief of Police. (POLICE DEPT.)
3. ADMINISTRATIVE ITEMS
3A. Second reading and public hearing of proposed ordinance amending Ordinance No. 2018-
43 releasing and abandoning the water line easement reserved to the City of Hialeah
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legally described and depicted on Exhibit “A” previously reserved upon the closing,
vacating and abandoning for public use a 12-foot alley situated within Block 35-B,
Amended Plat of the Amended Plat of Thirteenth Addition to Hialeah, Plat Book 34,
Page 26, of the Miami-Dade County Public Records, lying between East 5 Avenue and
East 6 Avenue and between East 25 Street and East 26 Street, Hialeah, Florida; repealing
all ordinances or part of ordinances in conflict herewith; providing penalties for violation
hereof; providing for a severability clause; and providing for an effective date.
(LAWDEPT.)
Item was approved by the City Council on first reading on February 27, 2018.
3B. Second reading and public hearing of proposed ordinance amending Chapter 98, entitled
“Zoning”, Article VI, entitled “Supplementary District Regulations”, Division 5 entitled
“Uses”, Subdivision IX entitled “Residential Care and Treatment Facilities”, by repealing
and replacing §§ 98-1986 through 98-1988, respectively entitled “Definitions”, “Limited
Supervisory Residential Care and Treatment Facilities”, and “Supervisory Residential
Care and Treatment Facilities” of the Code of Ordinances of the City of Hialeah, Florida,
with updated regulations §§ 98-1986 through 98-1988; and by adding new sections 98-
1989 entitled “Community Residential Homes”, 98-1990 entitled “Reasonable
Accommodation”, 98-1991 entitled “Emergency Power”, and 98-1992, entitled “No Use
Variances”; for siting of care and treatment facilities in the City; repealing all prior
ordinances in conflict herewith; providing for penalties; providing for severability;
providing for inclusion in the code; providing for an effective date.
(ADMINISTRATION)
Item was approved on first reading by the City Council on January 23, 2018. Second reading
and public hearing was scheduled for February 13, 2018. On February 13, 2018 the item was
tabled until March 13, 2018.
Item was approved by the City Council on first reading on January 23, 2018.
3C. First reading of proposed ordinance amending Chapter 2 entitled “Administration” of the
Code of Ordinances, Article V. entitled “Finance”, Division 2. entitled “Fees and
Charges”, and in particular amending Section 2-871 “Duplication and Certification of
Public Documents” to provide for deposit requirements when the estimated cost of
production exceed $25.00, providing for time of payment; requiring payment of all past
due fees prior to complying with subsequent requests; and to provide length of time
copies will be kept after request is fulfilled; repealing all ordinance or parts of ordinances
in conflict herewith; providing penalties for violation hereof; providing for inclusion in
code; providing for a severability clause and providing for an effective date.
(ADMINISTRATION)
4. BOARD APPOINTMENTS
5. UNFINISHED BUSINESS
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6. NEW BUSINESS
7. COMMENTS AND QUESTIONS
ZONING
Administration of Oath to all applicants and anyone who will be speaking before the City
Council on any Zoning, Land Use or Final Decision Item
Attention Applicants:
Items approved by the City Council are subject to the Mayor’s approval or veto.
The Mayor may withhold his signature or veto the item. If the Mayor’s signature is
withheld, the item is not effective until the next regularly scheduled meeting. If the
Mayor vetoes the item, the item is rejected unless the Council overrides the veto at
the next regular meeting.
PZ 1. Second reading and public hearing of proposed ordinance granting a variance permit to
allow a residential use on the ground level, where only nonresidential uses are permitted,
for construction of a duplex on a substandard lot with a frontage of 50 feet, where75 feet
are required (46% of 100%); an area of 6,750 feet, where 7,500 feet are required; a front
setback of 6.5 feet, where 0 feet is required at the ground level; and allow 5 foot 1 inch east
side setback, where 10 feet 1 inch are required; all contra to Hialeah Code of Ordinance §§
98-348(a), 98-972(3)a.,98-976(1),(2)(b.) and (4). Property located at 33 West 3rd Street,
Hialeah, Florida. Property zoned CBD (Central Business District). Repealing all
ordinances in conflict herewith; providing penalties for a violation hereof; providing for a
severability clause and providing for an effective date. (Applicant: Excellent New Homes,
LLC, 8806 NW 139 Terrace, Miami Lakes, Florida 33018)
Item was approved by the City Council on first reading on February 27, 2018. Second
reading and public hearing is scheduled for March 13, 2018.
Item was approved by the Planning and Zoning Board on February 14, 2018.
Planner’s Recommendation: Approve with conditions.
Owner of the Property: Excellent New Homes LLC, 8806 NW 139 Terrace, Miami Lakes, FL
33018.
PZ 2. Second reading and public hearing of proposed ordinance granting a special use permit
(SUP) to allow the expansion of the Neighborhood Business District regulations pursuant
to Hialeah Code of Ordinances § 98-1630.8 to allow the development of the property with a
30 unit apartment building; and granting a variance permit to allow 80% of the units with
less than 850 square feet, where 90% of the units are required to have a minimum area of
850 square feet; allow front and street side setback of 5 feet 8 inches, where 10 feet is the
minimum required for the base of the building; allow 2 inches front and side setbacks for
the middle and cap of the building, where 22 feet and 34 feet are the minimum required;
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allow 4 feet rear setback for the middle and cap of the building, where 22 feet and 28 feet
are the minimum required; allow no pervious area, where 20% is the minimum required;
and allow 43 parking spaces, where 68 parking spaces are required; contra to Hialeah Code
§§ 98-1630.2, 98-2189(7) and (16)a, 981630.2, 981630.3(e)(1) and (e)(2) and 98-2197, and
City of Hialeah Landscape Manual § (E) updated July 15, 2015. Property zoned CR
(Commercial Residential). Property located at 800 Palm Avenue, Hialeah, Florida.
Repealing all ordinances in conflict herewith; providing penalties for violation hereof;
providing for a severability clause; and providing for an effective date. (Applicant: Ceasar
Mestre, Esq., on behalf of 800 Palm Avenue, LLC)
Item was approved by the City Council on first reading on February 27, 2018. Second reading and
public hearing is scheduled for March 13, 2018.
Registered Lobbyist: Ceasar Mestre Jr. Esq., 7600 West 20 Avenue, #220, Hialeah, FL 33016
Item was approved by the Planning and Zoning Board on February 14, 2018.
Planner’s Recommendation: Approval
Owner of the Property: 800 Palm Avenue LLC, 6100 Blue Lagoon Drive, #430. Miami, Florida 33126,
Oscar A. Garcia, 6100 Blue Lagoon Drive, # 430, Miami, FL 33126, and Icer Palacio, 6100 Blue
Lagoon Drive, # 430, Miami, FL 33126
PZ 3. First reading of proposed ordinance repealing and rescinding Hialeah, Fla., Ordinance
1981-71 (June 23, 1981), that allowed two living units in a single family house, property
zoned R-1, and granting a request to rezone the property from R-1 (One Family District) to
R-2 (One and Two Family Residential District) to allow the conversion of the existing two
living units in the single family house into a duplex; and granting a variance permit to
allow total lot coverage of 33.5% where 30% is required; and to allow an interior south
side setback to 7.5 feet where 8 feet is required; contra to Hialeah Code of Ordinances §§
98-546 and 98-2056(b)(2). Property located at 4451 East 8th Court, Hialeah, Florida;
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for
violation hereof; providing for a severability clause; and providing for an effective date.
(Applicant: Sara Chong, 4451 East 8 Court, Hialeah, FL 33013)
Item was tabled by the City Council on February 27, 2018 until March 13, 2018, per the request of
the Zoning Official. First reading is scheduled for March 13, 2018.
Item was approved subject to declaration of restrictive covenants by the Planning and Zoning Board
on February 14, 2018.
Registered Lobbyist: Elisa Garcia, 5721 NW 194 Street, Miami Gardens, Florida, 33169.
Planner’s Recommendation: Denial.
Owner of the Property: Sara Chong, 4451 East 8 Court, Hialeah, FL 33013.
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NEXT CITY COUNCIL MEETING: Tuesday, March 27, 2018 at 7:00 p.m.
NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, May 22, 2018 at
6:30 p.m.
Anyone wishing to obtain a copy of an agenda item should contact the Office of the City
Clerk at
(305) 883-5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of
8:30 a.m. and 5:00 p.m.
Persons wishing to appeal any decision made by the City Council, with respect to any
matter considered at the meeting, will need a record of the proceedings and, for such
purposes, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
An ordinance or resolution shall become effective when passed by the City Council and signed
by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor’s
signature is withheld or if the City Council overrides the Mayor’s veto. If the Mayor’s veto is
sustained, the affected ordinance or resolution does not become law and is deemed null and
void.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodations to participate in the proceeding should contact the Office of the City Clerk
at (305) 883-5820 for assistance no later than seven (7) days prior to the proceeding; if
hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD),
(877) 955-8773 (Spanish) or (800)
955-8770 (Voice).
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