City Council

Carlos Hernández Council Members Mayor Katharine Cue-Fuente Jacqueline Garcia-Roves Paul B. Hernández Monica Perez Council President Jesus Tundidor Carl Zogby Oscar De la Rosa Council Vice President City Council Budget Meeting Minutes (VIRTUAL) September 14, 2020 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Hernandez called the meeting to order at 7:04 p.m. 2. ROLL CALL A. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Members present: 1. Council President Hernandez 2. Councilwoman Katharine Cue-Fuente 3. Councilwoman Jacqueline Garcia-Roves 4. Councilwoman Monica Perez (logged in during comments and questions at approximately 7:13 p.m. 5. Councilman Jesus Tundidor 6. Councilman Carl Zogby B. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Member absent: 1. Council Vice President De la Rosa C. REPORT: Also present were Mayor Carlos Hernandez and Lorena Bravo, City Attorney. 3. INVOCATION A. REPORT: Marbelys Fatjo, City Clerk, led the invocation. City Council Budget Meeting Agenda September 14, 2020 4. PLEDGE OF ALLEGIANCE A. REPORT: Council Member Tundidor led the Pledge of Allegiance. 5. MEETING GUIDELINES The following guidelines, which apply to today’s budget hearing, 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, boards 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. A Facebook account is not required in order to view this virtual public meeting. In addition, members of the public may hear the meeting live through telephonic conferencing. You can join the meeting via telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  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. The deadline for this meeting has been extended to 3:00 p.m. on September 14, 2020. Email comments and questions shall not exceed three 2 City Council Budget Meeting Agenda September 14, 2020 (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 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. 3 City Council Budget Meeting Agenda September 14, 2020 6. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive e-mail messages from persons interested in making comments or posing questions on matters of public concern. B. REPORT: No member of the public 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. C. REPORT: Council President Hernandez asked anyone watching or listening to the meeting who would like to speak, to use the raising of the hand feature on Zoom. One member of the public expressed interest in participating. (1) Eric Johnson, with a home address exempt from public disclosure per Florida law, Local 1102, spoke regarding the proposed budget and regarding funding for medical scans for the Fire Department. 7. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Florida Department of Revenue Form DR-420 has been submitted to the City Council via email, and has been added to the backup documentation of Item 8A.  The proposed ordinance for Item 8B has been corrected to reflect $161,459,437 as the total amount of the General Fund Budget for fiscal year 2021. 8. AGENDA A. First reading and public hearing of proposed ordinance of the Mayor and the City Council of the City of Hialeah, Florida accepting for budget purposes the Miami- Dade County assessment roll; establishing a tax millage rate of 6.3018 mills for fiscal year 2021, commencing on October 1, 2020 and ending on September 30, 2021, which is an increase of 10.2% over the roll back rate of 5.7178; 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. APPROVED 6-0-1 with Council Vice President De la Rosa absent. REPORT: Mayor Hernandez spoke regarding the effect of the pandemic on the City’s revenues, addressed the funding of the police department and the fire department, as well as thanked the City’s Budget Committee. 4 City Council Budget Meeting Agenda September 14, 2020 REPORT: Motion to Approve Item 8A made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 6-0-1 with Council Vice President De la Rosa absent. Second reading and public hearing is scheduled for September 28, 2020. B. First reading and public hearing of proposed ordinance approving and adopting the General Fund budget for the City of Hialeah, Florida for fiscal year 2021, commencing on October 1, 2020 and ending on September 30, 2021; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Vice President De la Rosa absent. REPORT: Mayor Hernandez spoke on this item. REPORT: Ines Beecher, Director of the Office of Management and Budget, City of Hialeah, 501 Palm Avenue, addressed the City Council. REPORT: Motion to Approve Item 8B made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 6-0-1 with Council Vice President De la Rosa absent. Second reading and public hearing is scheduled for September 28, 2020. C. First reading and public hearing of proposed ordinance approving and adopting the budget for the Public Works Fund of the City of Hialeah, Florida, for fiscal year 2021, commencing on October 1, 2020 and ending on September 30, 2021; approving water and sewer rate increases, as provided for herein, to maintain proper ratios of operating revenues and operating expenses as required by outstanding bond/loan agreements; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Vice President De la Rosa absent. REPORT: Motion to Approve Item 8C 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. Second reading and public hearing is scheduled for September 28, 2020. D. Proposed resolution of the Mayor and the City Council of the City of Hialeah, Florida reaffirming the current rate of 7.5% of all sales of wastewater service and all sales of water service within the City as payment in lieu of franchise fee pursuant to Hialeah, Fla. Code § 94-163 for fiscal year 2021, beginning on October 1, 2020; and providing for an effective date. APPROVED 6-0-1 with Council Vice President De la Rosa absent. RESOLUTION NO. 2020-120 5 City Council Budget Meeting Agenda September 14, 2020 REPORT: Armando Vidal, Director of the Department of Public Works, City of Hialeah, spoke on this item. REPORT: Mayor Hernandez spoke on this item. REPORT: Motion to Approve Item 8D made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 6-0-1 with Council Vice President De la Rosa absent. E. First reading and public hearing of proposed ordinance approving and adopting the budget for the Streets Fund of the City of Hialeah, Florida, for fiscal year 2021, commencing on October 1, 2020 and ending on September 30, 2021; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Vice President De la Rosa absent. REPORT: Mayor Hernandez spoke on this item. REPORT: Jose Sanchez, Streets Director, City of Hialeah, 900 East 56 Street, spoke on this item. REPORT: Motion to Approve Item 8E 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. Second reading and public hearing is scheduled for September 28, 2020. F. First reading and public hearing of proposed ordinance approving and adopting the budget for the Stormwater Fund of the City of Hialeah, Florida, for fiscal year 2021, commencing on October 1, 2020 and ending on September 30, 2021; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Vice President De la Rosa absent. REPORT: Motion to Approve Item 8F made by Council Member Cue-Fuente, and seconded by Council Member Garcia-Roves. Motion passes 6-0-1 with Council Vice President De la Rosa absent. Second reading and public hearing is scheduled for September 28, 2020. G. First reading and public hearing of proposed ordinance approving and adopting the budget for the Special Revenues Fund of the City of Hialeah, Florida, for fiscal year 2021, commencing on October 1, 2020 and ending on September 30, 2021; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Vice President De la Rosa absent. 6 City Council Budget Meeting Agenda September 14, 2020 REPORT: Ines Beecher, Director of the Office of Management and Budget, City of Hialeah, addressed the City Council on this item. REPORT: Armando Vidal, Director of the Department of Public Works, City of Hialeah, spoke on this item. REPORT: Motion to Approve Item 8G made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 6-0-1 with Council Vice President De la Rosa absent. Second reading and public hearing is scheduled for September 28, 2020. H. First reading and public hearing of proposed ordinance approving and adopting the budget for the Capital Projects Fund of the City of Hialeah, Florida, for fiscal year 2021, commencing on October 1, 2020 and ending on September 30, 2021; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Vice President De la Rosa absent. REPORT: Ines Beecher, Director of the Office of Management and Budget, City of Hialeah, addressed the City Council on this item. REPORT: Mayor Hernandez spoke on this item. REPORT: Jose Sanchez, Director of Streets, City of Hialeah, addressed the City Council. REPORT: Motion to Approve Item 8H made by Council Member Cue-Fuente, and seconded by Council Member Garcia-Roves. Motion passes 6-0-1 with Council Vice President De la Rosa absent. Second reading and public hearing is scheduled for September 28, 2020. I. First reading and public hearing of proposed ordinance approving and adopting the budget for the Debt Service Fund of the City of Hialeah, Florida, for fiscal year 2021, commencing on October 1, 2020 and ending on September 30, 2021; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Vice President De la Rosa absent. REPORT: Ines Beecher, Director of the Office of Management and Budget, City of Hialeah, addressed the City Council on this item. REPORT: Motion to Approve Item 8I made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 6-0-1 with Council Vice President De la Rosa absent. Second reading and public hearing is scheduled for September 28, 2020. 7 City Council Budget Meeting Agenda September 14, 2020 REPORT: Council President Hernandez adjourned the meeting at 8:05 p.m. NEXT CITY COUNCIL MEETING: Tuesday, September 22, 2020 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, November 24, 2020 at 6:30 p.m. NEXT BUDGET HEARING: Monday, September 28, 2020 at 7:00 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). 8