City Council

Carlos Hernández Council Members Mayor Katharine Cue-Fuente OMB 0 Jacqueline Garcia-Roves Paul B. Hernández Monica Perez President Jesus Tundidor Oscar De la Rosa Carl Zogby Vice President Special Meeting of the City Council (VIRTUAL) Minutes April 28, 2020 7:00 p.m. ____________________________________________________ 1. CALL TO ORDER A. Council President Hernandez called the meeting to order at 7:02 p.m. 2. ROLL CALL A. City Clerk, Marbelys Fatjo, called the roll with the following Council Members present: 1. Council President Paul Hernandez 2. Councilwoman Katharine Cue-Fuente 3. Councilwoman Jacqueline Garcia-Roves 4. Councilwoman Monica Perez 5. Councilman Jesus Tundidor 6. Councilman Carl Zogby B. Council Vice President De la Rosa was not present during roll call. He joined the meeting at 7:18 p.m. C. Also present were Mayor Carlos Hernandez and Lorena Bravo, City Attorney 3. INVOCATION A. The invocation was given by Marbelys Fatjo, City Clerk 4. PLEDGE OF ALLEGIANCE A. Council President Hernandez led the Pledge of Allegiance. 4/29/2020 1:53 PM  5. MEETING GUIDELINES The following guidelines, which apply to today’s City’s Council Meeting, have been set by Mayor Carlos Hernandez through the execution of an Order on Emergency Public Meeting Guidelines and Procedures Using Communications Media Technology In Response To COVID-19:  Pursuant to emergency management powers as set forth in F.S. §§252.31- 252.90, Governor Ron DeSantis issued Executive Order 20-69 on March 20, 2020, suspending the “Florida’s Government in Sunshine Laws” requirement that a quorum of the legislative body holding a public meeting be met in-person and the meeting be held at a physical location accessible to the public for the duration of the State’s Declaration of Emergency issued on March 9, 2020 as a result of the COVID-19 pandemic affecting the State of Florida. Executive Order 20-69 allows local governments to use communications media technology to hold public meetings during the public health emergency as a result of COVID- 19, in order to protect the health, welfare and safety of the public, including public officials, from being exposed to COVID-19 and meet the requirements of the Sunshine Law.  The following Procedures for Virtual Public Meetings of the City Council using Communications Media Technology in Response to COVID-19 have been adopted as minimum procedures for all emergency public meetings of the City Council, board and committees of the City of Hialeah effective the execution of Order on Emergency Public Meeting Guidelines and Procedures using Communications Media Technology in Response to COVID19, signed by Mayor Carlos Hernandez on April 8, 2020.  The virtual public meeting shall be broadcast live for members of the public to view on the City’s Facebook page. In addition, members of the public may hear the meeting live through telephonic conferencing.  Any person interested in making comments or posing questions on matters of public concern or on any item on the agenda may do so prior to the meeting taking place by email to virtualmeeting@hialeahfl.gov by 3:00 p.m. the business day prior to the meeting or no later than six (6) hours prior to the meeting if only 24-hours’ notice prior to the meeting is provided by the City. Email comments and questions shall not exceed three (3) minutes when read. Only the first three minutes of e-mail comments and questions received by the deadline will be read into and form part of the public record.  Any person interested in making comments or posing questions on matters of public concern or on any item on the agenda may do so during the meeting by joining the meeting using Zoom or any other similar web-based meeting platform being used as identified in the notice. The person interested in joining the meeting to participate for this purpose must register with the City Clerk by completing a registration form, providing the 4/29/2020 1:53 PM  information required and submitting the completed form to the City Clerk no later than 3:00 p.m. the business day prior to the meeting or no later than six (6) hours prior to the meeting if only 24-hours’ notice prior to the meeting is provided by the City. All registered participants will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard.  Participants are reminded to maintain decorum in their comments and appearance throughout their participation as the whole meeting will be recorded and published on the City’s Facebook page and retained pursuant to the Florida Public Records Law.  All existing laws or rules of procedure applicable to public meetings (i.e. three minute limit on speaking, three in favor and three in opposition on any item on the agenda, lobbyist registration requirements), that are not in conflict with these procedures and can be observed under the circumstances remain in effect and to the greatest extent practicable should be observed.  Public comments and questions, whether on general matters of public concern or on a matter on the agenda, will be heard at the beginning of the meeting and once heard no other public participation will be permitted.  Persons making public comments must identify themselves by first and last name and provide their address for the record, prior to speaking.  If during the course of the meeting, technical problems develop with the communications network that prevent interested persons from attending, the meeting shall be adjourned until the problems have been corrected. REPORT: The meeting guidelines were read into the record by Marbelys Fatjo, City Clerk, in English. REPORT: Council President Hernandez requested discussion on the City’s response to the Coronavirus, as well as the opening of businesses in the City. REPORT: Mayor Hernandez thanked the Council Members for their leadership during the pandemic. He also thanked the department heads for their involvement during the national emergency. Mayor Hernandez discussed a grant of two million dollars for businesses in our community, as well as a grant of one million dollars to assist residents with residential rental payments. Mayor Hernandez spoke regarding the financial impact the Coronavirus has had on our City. 6. COMMENTS AND QUESTIONS REPORT: The Office of the City Clerk received a total of two email messages from 4/29/2020 1:53 PM persons interested in making comments or posing questions on matters of public concern. Both email messages have been submitted to the City Council and have been made part of the record. REPORT: Email messages received from the following senders were read into the record: (1) Manny Reyes, 14201 Lake Saranc Avenue, Miami Lakes, Florida 33014 and business address of 1982 East 4th Avenue, sent an email on April 26, 2020 at 4:25 p.m. with the subject “Comment for the city council meeting” (2) Matthew Lage, 1666 West 42nd Place, Hialeah, Florida 33012, sent an email on April 27, 2020 at 12:55 p.m., with the subject “Virtual Special Public Meeting Comment and Request from Matthew Lage” REPORT: Two individuals interested in making comments or posing questions on matters of public concern registered with the Office of the City Clerk to participate live during the meeting using Zoom. (3) Abel Iraola, 1825 West 64th Street, Hialeah, Florida 33012, addressed the City Council regarding the administration’s actions during the COVID-19 pandemic. (4) Eric Johnson, on behalf of Local 1102- Hialeah Firefighters, with a home address that is exempt under Florida law, addressed the City Council and Mayor regarding the Coronavirus and testing conducted on firefighters. REPORT: Council President Hernandez asked if anyone viewing or listening to the meeting wanted to participate by making comments or posing questions, at which time no one expressed interest in participating. 7. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. The cumulative expense amount for Consent Item C has been corrected from $20,000 to $25,000. B. Consent Item K has been amended to reflect the purchase of twenty-five desktops, not twenty-five laptops. C. Consent Item M and the backup documentation to the item have been amended. D. Consent Items O, P, Q and R have been added to today’s agenda. 8. 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 4/29/2020 1:53 PM  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: Council Member Tundidor requested separate discussion on Consent Items F, L, M, O, Q, and N. REPORT: Council Member Perez requested separate discussion on Consent Items G and P. REPORT: Council President Hernandez requested separate discussion on Consent Items E and J. REPORT: Council Vice President De la Rosa requested separate discussion on Consent Item K. REPORT: Motion to Approve the Consent Agenda, except Items E, F, G, J, K, L, M, N, O, P, and Q, made by Council Member Cue-Fuente, and seconded by Council Member Tundidor. Motion passes 7-0. A. Request permission to approve the minutes of the Virtual Special Meeting of the City Council held on April 14, 2020. (OFFICE OF THE CITY CLERK) APPROVED 7-0 B. Proposed resolution approving the Memorandum of Agreement between the City of Miami, as the sponsoring agency of the UASI Grant Program 2019, under the U.S. Department of Homeland Security's Urban Area Security Initiative (UASI), and the City of Hialeah, as participating agency; accepting the award of a sub-grant in the amount of $510,720.00 pursuant to said Memorandum of Agreement for approved planning and equipment costs identified in the program budget; and authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City of Hialeah, to execute the Memorandum of Agreement attached hereto, and made a part hereof as Exhibit "1", and any other documents in furtherance hereof; and providing for an effective date. (EMERGENCY MANAGEMENT) APPROVED 7-0 RESOLUTION NO. 2020-049 C. Request permission to increase Purchase Order No. 2020-342, issued to Cano Occupational Medicine LLC, doing business as Health Care Center of Miami, to provide pre-employment examinations for new hires, by an additional amount of $10,000, for a new total cumulative amount not to exceed $25,000. (HUMAN RESOURCES DEPARTMENT) APPROVED 7-0 4/29/2020 1:53 PM D. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2020-733, issued to Biscayne Electric Motor and Pump, Inc., for repairs and maintenance needed for the City’s aquatic facilities, pools and fountains, by an additional amount of $9,000, for a new total cumulative amount not to exceed $23,000. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 7-0 E. Request permission to utilize Florida Sheriffs Association & Florida Association of Counties Bid No. FSA19-VEL 17.0, to purchase one (1) 2020 Bucket Truck - 30,000 LB GVWR International MV – 607 Cab & Chassis - DWR 4X2 –Specification No. 44, with Altec LR758 Aerial Device Package, from Rechtien International Trucks, Inc., in a total cumulative amount not to exceed $190,289.93. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 7-0 REPORT: Joseph Dziedzic, Director of Parks and Recreation Department, City of Hialeah, addressed the City Council on this item. REPORT: Motion to Approve Consent Item E made by Council Member Cue-Fuente, and seconded by Council Member Tundidor. Motion passes 7-0. F. Proposed resolution approving the expenditure in an amount not to exceed $337,312.00 from the Law Enforcement Trust Fund – State for the purchase of sixteen (16) 2020 Chevrolet Malibu Motor Vehicles form Auto Nation Chevrolet pursuant to competitively bid prices, terms and conditions as bid in Florida Sheriff Association and Florida Association of Counties Bid FSA19-VEL27.0; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2020-050 REPORT: Mayor Hernandez addressed the City Council on this item. REPORT: Lorena Bravo, City Attorney, addressed the City Council on this item. REPORT: Sergio Velazquez, Chief of Police, City of Hialeah, addressed the City Council on this item. REPORT: Motion to Approve Consent Item F made by Council Member Tundidor, and seconded by Council Member Cue-Fuente. Motion passes 7-0. G. Request permission to utilize City of Miami Contract No. 781382(29) - Citywide Sidewalk Repair and Replacement Services, effective through July 29, 2023, and issue a purchase order to G P E Engineering & General Contractor Corp, for the removal and replacement of damaged sidewalks, curbs, and/or gutters throughout the City on an as needed basis, in a total cumulative amount not to exceed $550,000. (STREETS) 4/29/2020 1:53 PM  APPROVED 7-0 REPORT: Jose Sanchez, Director of Streets, City of Hialeah, addressed the City Council on this item. REPORT: Mayor Hernandez addressed the City Council on this item. REPORT: Motion to Approve Consent Item G made by Council Member Perez, and seconded by Council Member Cue-Fuente. Motion passes 7-0. H. Report of Scrivener’s Error – Consent Item W of the City Council Meeting of April 14, 2020, was approved with the incorrect Purchase Order number. The purchase order number is being amended from 2020-965 to 2020-966. (LAW DEPARTMENT) APPROVED 7-0 I. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to SHI International Corp., vendor providing the lowest quotation, for the purchase of security appliances for citywide use, in a total cumulative amount not to exceed $14,286. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 J. Request permission to issue a purchase order to CivicPlus, LLC, developer of the City’s website and vendor under contract with the City, to issue payment for the annual maintenance of the City’s website, from January 31, 2020 through January 30, 2021, in a total cumulative amount not to exceed $45,052. On January 23, 2018, the City Council awarded the purchase and implementation of a new website and mobile application for the City to this vendor utilizing GSA Contract No. 35F-0124U – General Purpose Commercial Information Technology Equipment, Software, and Services. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 REPORT: Mayor Hernandez addressed the City Council on this item. REPORT: Ricardo Suarez, Information Technology Officer, addressed the City Council on this item. REPORT: Motion to Approve Consent Item J made by Council Member Cue-Fuente and seconded by Council Member Perez. Motion passes 7-0. K. Proposed resolution approving the expenditure in an amount not to exceed $23,689.05 from the Law Enforcement Trust Fund – Federal for the purchase of the following items: (25) desktops, (10) USB DVD burners, (10) Lenovo USB-C to display port adapter, (35) monitors, and (25) speakers from Lenovo, Inc. and Dell Marketing, L.P.; and providing for an effective date. (POLICE DEPARTMENT) 4/29/2020 1:53 PM  APPROVED 7-0 RESOLUTION NO. 2020-051 REPORT: Mayor Hernandez addressed the City Council on this item. REPORT: Sergio Velazquez, Chief of Police, City of Hialeah, addressed the City Council on this item. REPORT: Motion to Approve Consent Item K made by Council Vice President De la Rosa, and seconded by Council Member Cue-Fuente. Motion passes 7-0. L. Request permission to increase Purchase Order No. 2020-220, issued to Waste Connections of Florida, Inc., vendor under contract with the City until September 30, 2023 for the collection and disposal of waste throughout the City, to continue the disposal of waste collected during illegal dumping cleanup operations on an as needed basis, by an additional amount of $30,000, for a new total cumulative amount not to exceed $45,000. (STREETS) APPROVED 7-0 REPORT: Jose Sanchez, Director of Streets, City of Hialeah, addressed the City Council on this item. REPORT: Armando Vidal, Director of Public Works, City of Hialeah, addressed the City Council on this item. REPORT: Mayor Hernandez addressed the City Council on this item. REPORT: Motion to Approve Consent Item L made by Council Member Zogby, and seconded by Council Vice President De la Rosa. Motion passes 7-0. M. Proposed resolution approving the purchase of hardware, software and installation services for Vigilant Automatic License Plate Readers, with CommandCentral Aware Software Integration from Motorola Solutions, Inc. and contracting for service and maintenance for a term of five years, in an amount not to exceed $488,301.89 for fiscal year 2020, plus $191,658.48 for annual subscription and maintenance services for fiscal years 2021, 2022, 2023, 2024, for a total amount not to exceed $679,960.37, based on a competitively bid price and upon material terms and conditions substantially similar to Broward County Sheriff’s Office Solicitation Bid No. 19053JLS; authorizing the Mayor and the City Clerk, as attesting witness on behalf of the City, to execute an agreement in a form acceptable to the City Attorney; and providing for an effective date. (EMERGENCY MANAGEMENT) APPROVED 6-1-0 RESOLUTION NO. 2020-052 REPORT: Armando Rojas, Director of Emergency Management, City of Hialeah, 5555 East 8 Avenue, addressed the City Council on this item. 4/29/2020 1:53 PM REPORT: Sergio Velazquez, Chief of Police, City of Hialeah, addressed the City Council on this item. REPORT: Motion to Approve Consent Item M made by Council Member Zogby and seconded by Council Member Garcia-Roves. Motion passes 6-0-1 with Council Vice President De la Rosa voting “No”. REPORT: Council Vice President De la Rosa is no longer present in the virtual meeting. N. Proposed resolution accepting a grant from the United States Department of Justice, Bureau of Justice Assistance Grant Program, in the total amount of $140,977.00 to be utilized to prevent, prepare for, and respond to the Novel Coronavirus 2019 (“COVID-19”) pursuant to the terms and conditions set forth in the award document, a copy of which is attached and made a part of this resolution as Exhibit “1”; authorizing the Mayor or his designee, and the City Clerk, on behalf of the City, to execute all necessary documents, provide all necessary assurances and make all necessary certifications in furtherance thereof; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 5-0-2 with Council Vice President De la Rosa not present during the roll call, and Council Member Perez having her video function off and herself muted during roll call. RESOLUTION NO. 2020-053 REPORT: Sergio Velazquez, Chief of Police, City of Hialeah, addressed the City Council on this item. REPORT: Motion to Approve Consent Item N made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Vice President De la Rosa not present during the roll call, and Council Member Perez having her video function off and herself muted during roll call. Council Member Perez recorded her vote as “Yes” after the item was approved. O. Proposed resolution accepting a grant award from the U.S. Department of Housing and Urban Development (HUD) pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, in the amount of $1,666,196 of Community Development Block Grant COVID-19 (CDBG-CV) funds, approving the reprogramming of Entitlement Program funds for years 2018 and 2019, creating the “Save Our Business Fund” program for eligible business owners in the City of Hialeah (City) in an amount not to exceed $2,000,000.00, and approving and authorizing for submission and approval a substantial amendment to the City’s Program Year 2019 Action Plan upon the expiration of the Citizen Participation Requirements to U.S. HUD in response to economic injury, as a result of Coronavirus (COVID-19); further authorizing the Mayor, or his designee, Director of Grants and Human Services Annette Quintana, and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary documents and take all necessary actions in furtherance thereof. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 RESOLUTION NO. 2020-054 4/29/2020 1:53 PM REPORT: Mayor Hernandez addressed the City Council on this item. REPORT: Annette Quintana, Director of the Grants and Human Services Department, City of Hialeah, addressed the City Council regarding this item. REPORT: Motion to Approve Consent Item O made by Council Member Cue-Fuente, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Vice President De la Rosa absent. P. Proposed resolution adopting waivers and technical revisions to the State Housing Initiative Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for fiscal years 2016- 2017, 2017-2018, 2018-2019; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT). APPROVED 6-0-1 RESOLUTION NO. 2020-055 REPORT: Annette Quintana, Director of the Grants and Human Services Department, City of Hialeah, addressed the City Council regarding this item. REPORT: Motion to Approve Consent Item P made by Council Member Perez, and seconded by Council Member Cue-Fuente. Motion passes 6-0-1 with Council Vice President De la Rosa absent. Q. Proposed resolution creating a Landlord-Tenant Relief Fund Grant, in an amount not to exceed $1,000,000.00, for eligible renter households in the City of Hialeah in response to economic injury suffered by eligible households resulting from Coronavirus (COVID-19); and approving and authorizing for submission a substantial amendment to the City’s 2019 Program Year Action Plan; further authorizing the Mayor, or his designee, Director of Grants and Human Services Annette Quintana, and the City Clerk, as attesting witness, on behalf of the City, to execute all other necessary documents in furtherance thereof. (GRANTS AND HUMAN SERVICE DEPARTMENT) APPROVED 6-0-1 RESOLUTION NO. 2020-056 REPORT: Annette Quintana, Director of the Grants and Human Services Department, City of Hialeah, addressed the City Council regarding this item. REPORT: Motion to Approve Consent Item Q made by Council Member Tundidor, and seconded by Council Member Cue-Fuente. Motion passes 6-0-1 with Council Vice President De la Rosa absent. R. Proposed resolution accepting a grant award from the U.S. Department of Housing and Urban Development (HUD) pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, in the amount of $829,520 of Emergency Solutions Grant COVID-19 (ESG- CV) funds, approving the use of ESG-CV funds for eligible activities pursuant to regulatory waivers issued by HUD in response to economic injury, as a result of the Coronavirus 4/29/2020 1:53 PM  (COVID-19) and approving and authorizing for submission a substantial amendment to the City’s 2019 Program Year Action Plan; further authorizing the Mayor, or his designee, Director of Grants and Human Services Annette Quintana, and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary documents and take all necessary actions in furtherance thereof. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2020-057 9. ADMINISTRATIVE ITEMS A. Proposed resolution urging the Florida Legislature to amend Florida Statutes § 337.401 to allow local governments to require a security fund from communications services providers prior to the issuance of a permit to install wireless facilities in the public rights- of-ways in order to insure payment for repair and damage to existing public infrastructure resulting directly from their operations; and to repeal the shot clock in Florida Statutes § 337.401 requiring local governments to process communications services provider applications within (14) fourteen days; and providing for an effective date. (ADMINISTRATION) ITEM WITHDRAWN REPORT: Mayor Hernandez requested for Administrative Item 9A be withdrawn REPORT: Motion to withdraw Item 9A made by Council Member Cue-Fuente, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Vice President De la Rosa absent. 10. UNFINISHED BUSINESS REPORT: Mayor Hernandez thanked the City Council for their efforts during these difficult times. 11. NEW BUSINESS A. Armando Vidal, Director of Public Works, City of Hialeah, will be addressing the City Council regarding recycling. PRESENTED REPORT: Armando Vidal requested a policy decision from the City Council regarding the City’s current options with recycling. 4/29/2020 1:53 PM  12. CITY COUNCIL’S NEW BUSINESS A. Council Member Tundidor spoke regarding Miami-Dade County’s initiatives with COVID-19 and whether the City of Hialeah would be following such. B. Council President Hernandez spoke on Census rates. C. Mayor Hernandez spoke on statistics published by the Miami Herald regarding the City and the coronavirus. D. Council Member Perez spoke regarding honoring two seniors during their birthday. REPORT: Council President Hernandez adjourned the meeting at 11:10 p.m. NEXT CITY COUNCIL MEETING: Tuesday, May 12, 2020 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, May 26, 2020 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 two (2) 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). 4/29/2020 1:53 PM