City Council

Carlos Hernández Council Members 7 Mayor Katharine Cue-Fuente OMB 0 Oscar De la Rosa Jesus Tundidor Jacqueline Garcia-Roves President Paul B. Hernandez Carl Zogby Monica Perez Vice President City Council Meeting Minutes December 8, 2020 7:00 p.m. ____________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:09 p.m. 2. ROLL CALL A. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Members present: 1. Council President Tundidor 2. Council Vice President Perez 3. Councilwoman Cue-Fuente via Zoom 4. Councilwoman Jacqueline Garcia-Roves 5. Councilman Zogby B. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Member absent: 1. Councilman De la Rosa 2. Councilman Hernandez C. REPORT: 1. Mayor Hernandez was present via Zoom. 2. Lorena Bravo, City Attorney, was present. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 12/9/2020 9:26 PM  4. PLEDGE OF ALLEGIANCE A. Council Vice President Perez led the Pledge of Allegiance. 5. MEETING GUIDELINES The following guidelines apply to today’s City Council Meeting:  Pursuant to emergency management powers as set forth in F.S. §§252.31-252.90, Governor Ron DeSantis issued Executive Order 20-69 (March 20, 2020), suspending the “Florida’s Government in the Sunshine Laws” requirement that a quorum of the legislative body holding a public meeting be met in-person and that 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 (EO20-52) as a result of the COVID-19 pandemic affecting the State of Florida. The nation and the State of Florida remain in a state of emergency. The Governor has extended the declaration every 60 days, as required by law, since the execution of Executive Order 20-52. The latest extension made through the execution of Executive Order 20-276 (November 3, 2020).  Notwithstanding the continuing statewide threat of COVID-19 to the health, safety and welfare of our citizens, Executive Order 20-69, issued specifically to allow local governments to use communications media technology to hold public meetings during the public health emergency, has expired as of 12:01 a.m. November 1, 2020 (EO 20-246). As such, all public meetings in this City of any deliberative body must comply with the in- person quorum requirement of the Sunshine Law. This means, at a minimum, there must be present, in-person, the minimum number of board members required to meet quorum based on the composition of the deliberative body at the location of the meeting. All other members of the deliberative body exceeding quorum may choose, in coordination with the secretary of the respective board conducting the public meeting, to appear using communication media technology.  Except for the requirement to meet physical quorum and as otherwise amended by this document, all other minimum guidelines and procedures adopted by City of Hialeah Emergency Order dated April 8, 2020 and Hialeah, Fla. Resolution 2020-048 (April 14, 2020) shall continue to govern the conduct of public meetings of the City Council of the City of Hialeah, Florida and the public meetings of all other boards or committees for the City of Hialeah, Florida using communications media technology, held during the duration of the public health emergency as a result of COVID19, 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.  A limited number of members of the public will be allowed to be present at the location of the meeting considering the physical spacing limitations of the location to observe social distancing. As such, only 15 members of the public will be allowed to attend in person any scheduled meeting of the Council held in Chambers on a first-come-first serve basis. Based upon anticipated in-person attendance of any meeting, the City will provide additional space at City Hall to accommodate the public and provide both viewing and participation capabilities. In addition, all public meetings continue to be broadcast live for 12/9/2020 9:26 PM  members of the public to view on the City’s Facebook page. As an additional alternative, 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 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. 6. PRESENTATIONS A. Mayor Hernandez recognizes the following City sponsors: 12/9/2020 9:26 PM  1. Navarro Discount Pharmacies 2. Larkin Community Hospital 3. Miri Supermarket 4. Rapid Multiservice 5. Clinica Las Mercedes 6. VX Power 7. La Colonia Medical Center 8. Gilda Crackers 9. Cano Health 10. Grimal Joyeria 11. Café la Rica 12. Productos Mounsier Papa 13. Florida Blue 14. Paraiso Tropical 15. Mirta De Perales, Inc. 16. Leon Medical Centers 17. Ñooo Que Barrato/ABC Daycare 18. Ciboney Restaurant 19. Holiday Bakery 20. Alfa Vitamins 21. Llamada Real 22. Seminario Creando Riqueza 23. Cricket Wireless 24. Fresco y Mas 25. Sedanos Supermarket 26. Bettoli Vending REPORT: Mayor Hernandez thanked the sponsors for their partnership with the City during these difficult times. REPORT: Council President Tundidor thanked Unbranded Brewing, Co. for their efforts to the community during these difficult times. Also, he thanked Clarity Labs for their hand sanitizer donation, as well as the Taiwanese Consulate for the donation of face masks. B. Jason Spiegel, Managing Partner of Freebee, provides information regarding the Freebee transit solution. (COUNCIL VICE PRESIDENT PEREZ) REPORT: Council Vice President Perez introduced the company and its services. REPORT: Jason Spiegel did his presentation via Zoom. REPORT: Debora Storch, Zoning Official for the City of Hialeah, spoke on this matter. REPORT: Mayor suggested and the City Council agreed to have a Special Meeting of the City Council on January 12, 2021 at 5:00 p.m. to discuss funding sources for the service. 12/9/2020 9:26 PM  7. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive any email messages from persons interested in making comments or posing questions on matters of public concern. B. REPORT: No one 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: Jose Azze, 788 Southeast Park Drive, was present in the Council Chambers, and spoke regarding the county program operated by the Blanch Morton. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Consent Items T, U and V have been added to the agenda.  Consent Item A is amended to reflect November 24, 2020 as the correct meeting date. 9. 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: Council Vice President Perez requested separate discussion on Consent Items G, K and P. REPORT: Motion to Approve the Consent Agenda, except Items G, K and P, made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. A. Request permission to approve the minutes of the City Council Meeting held on November 24, 2020. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. B. Request permission to utilize Lake County, Florida Contract No.17-0606L - Fire Equipment – Parts – Supplies – Service, effective through June 30, 2021, and issue a purchase order to Ten-8 Fire Equipment, Inc., for the purchase of tools and equipment related to COVID-19, in a total amount of $2,804.65, and further request a contingency in the amount of $950.00 for future needs that may arise with the purchase of new rescue trucks, for a total cumulative amount not to exceed $3,754.65. (FIRE DEPARTMENT) 12/9/2020 9:26 PM  APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. C. Request permission to issue a purchase order to Rainbow Window Tinting, Inc., doing business as Rainbow Emergency Equipment, sole source distributor of Federal Signal Products in Miami- Dade County, for the purchase and installation of emergency vehicle equipment for the Fire Department vehicles and fire trucks, in total cumulative amount not to exceed $15,000. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. D. Request permission to waive competitive bidding, and issue a purchase order to Ten-8 Fire Equipment, Inc., for the purchase of a trade-in 2013 International/Horton Rescue Truck, including a three (3) year factory warranty, to be placed into service as Rescue No. 9, in a total cumulative amount not to exceed $40,500. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. E. Request permission to waive competitive bidding and issue a purchase order to Milian, Swain & Associates, Inc., vendor approved by the City Council as a member of the City’s consultant pool for engineering services, to provide engineering staff support to the Department of Public Works, in a total cumulative amount not to exceed $555,388.76. On June 8, 2010, the City Council approved the recommendations of the Selection Committee for the selection of General Consultants for engineering services in response to Request for Qualifications No. 2009/10-9500- 00-07 – General Consultants for Engineering and Architectural Services, which included this vendor, for a period of three (3) years, with the option to extend annually for a total of no more than five (5) years. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. F. Request permission to waive competitive bidding and issue a purchase order to Hazen and Sawyer, P.C., initial developer of the GIS Water/Sewer Atlas and vendor approved by the City Council as a member of the City’s consultant pool for engineering services, for updates to the citywide sewer/water atlas as required by Miami Dade County Code, in a total cumulative amount not to exceed $34,454. On June 8, 2010, the City Council approved the recommendations of the Selection Committee for the selection of General Consultants for engineering services in response to Request for Qualifications No. 2009/10-9500-00-07 – General Consultants for Engineering and Architectural Services, which included this vendor, for a period of three (3) years, with the option to extend annually for a total of no more than five (5) years. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. 12/9/2020 9:26 PM G. Request permission to issue a purchase order to Synovia Solutions, LLC, vendor currently under contract with the City of Hialeah Police Department (Agreement No. 24055) for the installation and monitoring of GPS units on City vehicles, for the cost associated with monitoring services for the 65 GPS units installed on vehicles of the Department of Public Works, in a total amount of $25,000, and further request permission to ratify previous payments made to this vendor by the Department of Public Works for $3,350.10, for monitoring services, for a total cumulative expense amount not to exceed $28,350.10. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Mayor Hernandez spoke on this item. REPORT: Armando Vidal, Director of Public Works for the City of Hialeah, spoke on this item. REPORT: Sergio Velazquez, Police Chief, City of Hialeah Police Department, 5555 East 8 Avenue, spoke regarding the GPS units installed on police vehicles. REPORT: Motion to Approve Consent Item G made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. H. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with Dojo of Exceptional Wellness, Inc., to provide the participants of the City’s Step Ahead Social Enrichment Program with karate exercise classes specifically designed for young adults with special needs, for a term commencing on October 6, 2020 and ending on September 30, 2021, in an amount not to exceed $4,000.00, in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “1”; and providing for an effective date. (EDUCATION AND COMMUNITY SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-178 I. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with Dojo of Exceptional Wellness, Inc., to provide the participants of the City’s Special Populations Therapeutics Enrichment Program with karate exercise classes specifically designed for young adults with special needs, for a term commencing on October 9, 2020 and ending on September 17, 2021, in an amount not to exceed $3,000.00, in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “1”; and providing for an effective date. (EDUCATION AND COMMUNITY SERVICES DEPARTMENT) 12/9/2020 9:26 PM  APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-179 J. Request permission to utilize Suncom Contract No. DMS-1011-008A – Mobile Communication Services (MCS), effective through January 10, 2022, and issue a purchase order to AT&T Mobility LLC, for the purchase of maintenance and support to MobileGuard, in a total cumulative amount not to exceed $16,800. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. K. Proposed resolution authorizing the purchase of insurance through Keen, Battle, Mead & Company in an amount not to exceed $706,083.90 for fire, windstorm, inland marine coverage, crime and other covered perils, and owners and contractors protective insurance with costs allocated to the Department of Public Works in an estimated amount not to exceed $70,829.90 for the protection of its water and sewer distribution facilities, and in amount of $590,754.00 for the protection of the Hialeah Reverse Osmosis Water Treatment Plant of which $295,377.00 will be reimbursed by Miami-Dade County; and to the General Fund in an estimated amount not to exceed $20,000.00 for special events insurance at Milander Center, in an estimated amount not to exceed $12,500.00 for crime insurance and in an estimated amount not to exceed $12,000.00 for owners and contractors protective insurance, in necessary. (RISK MANAGEMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-180 REPORT: Armando Vidal, Director of Public Works, City of Hialeah, provided an update on the Reverse Osmosis Water Treatment Plant. REPORT: Mayor spoke on setting up a tour of the Reverse Osmosis Water Treatment Plant for the Council Members. L. Proposed resolution approving the expenditure in an amount not to exceed $55,425.00 from the Law Enforcement Trust Fund-State for the purchase of sixty (60) Glock34 Gen5 Pistols, sixty (60) Ameriglo Sights, sixty (60) Trijicon Optics and sixty (60) Safariland Holsters from Lou’s Police Distributors, Inc., lowest quoted vendor, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-181 M. Proposed resolution approving the expenditure in an amount not to exceed $16,176.40 from the Law Enforcement Trust Fund-State for the purchase of twenty (20) Brother Rugged-Jet Label 12/9/2020 9:26 PM  Printers, twenty (20) Brother-Power Adapters, and twenty (20) four year initial services software from Software House International, lowest quoted vendor, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-182 N. Proposed resolution approving the expenditure in an amount not to exceed $28,008.00 from the Law Enforcement Trust Fund-State for the purchase of twenty (20) ThinkPad T14 Laptops and applicable warranties from Lenovo, Inc., an authorized distributor, as more particularly set forth in the quote dated November 16, 2020, attached hereto and made incorporated herein as Exhibit “1”, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-183 O. Proposed resolution approving the expenditure in an amount not to exceed $48,185.28 from the Law Enforcement Trust Fund-State for the purchase of twelve (12) APX 6000 Series P25 Phase II-Complaint Subscriber Radios and related accessories from Motorola Solutions, Inc., as more particularly set forth in the Quote-1366601 dated November 9, 2020, attached hereto and made a part hereof as Exhibit “A”, under the terms and conditions set forth in the in the Purchase Agreement between Motorola Solutions, Inc. and the City of Hialeah dated June 28, 2020, attached hereto and made a part hereof as Exhibit “B”; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-184 P. Request from Rincon de San Lazaro Church, located at 1190 East 4 th Avenue, Hialeah, Florida, for permission to host a vigil on Thursday, December 17, 2020, from 8:00 p.m. to 10:00 p.m., in the parking lot of the church, in accordance with recommendations from the Police Department and Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Sergio Velazquez, Police Chief, Hialeah Police Department spoke on this item. REPORT: Marbelys Fatjo, City Clerk, spoke on this item. REPORT: Motion to Approve Consent Item P made by Council Vice President Perez, and 12/9/2020 9:26 PM  seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. Q. Request permission to utilize a cooperative contract from Sourcewell, Contract No. 120716-NAF, effective through January 17, 2022, and issue a purchase order to Alan Jay Chevrolet-Cadillac, Inc., for the purchase of five (5) 2021 Chevy Tahoe 2WD, 1LS, Model No. CC10706, in a total amount of $39,128.00 per vehicle, for a total cumulative expense amount not to exceed $195,640. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. R. Proposed resolution approving and ratifying an amendment to the City of Hialeah Local Housing Assistance Plan (LHAP) for fiscal years 2019-2020, 2020-2021, and 2021-2022, a copy of which is attached herein as Exhibit “A”, adding Disaster Repair/Mitigation and Rental Assistance/Rapid Re- Housing Assistance Plan; approving and ratifying the submission of the amendment to the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; further authorizing the Mayor or his designee on behalf of the City to execute any and all other amendments, certifications and assurance in furtherance thereof; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-185 S. Proposed resolution approving the expenditure in an mount not to exceed $25,400.00 from the Law Enforcement Trust Fund-Federal for the purchase of IA Pro Internal Affairs/Professional Standards Software and Maintenance Services from CI Technologies, Inc., as more particularly set forth in the quote dated September 23, 2020, attached hereto and made a part hereof Exhibit “1” and providing for an effective date. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-186 T. Proposed resolution authorizing the Mayor or his designee on behalf of the City of Hialeah, Florida, to submit to the United States Department of Housing and Urban Development (U.S. HUD) the Consolidation Annual Performance Evaluation Report (“CAPER”) for program year 19-20 and to execute any and all agreements, certifications and assurances in furtherance of the programs in the City of Hialeah Action Plan in accordance with the U.S. HUD regulations and requirements and providing for an effective date. (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-187 12/9/2020 9:26 PM  U. Proposed resolution amending Hialeah, Florida Resolution No. 2020-108 ( August 11, 2020), which authorized the Mayor or his designee on behalf of the City to submit the United States Department of Housing and Urban Development (HUD) the Action Plan, and the Action Plan budgets for fiscal year 2020-2021, to provide for a decrease in the total allocation for the CDBG and Home Grants, and corresponding reduction of administrative costs for the CDBG and Home Grants in the amount of $432.00 and $431.00, respectively; and providing for an effective date. (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-188 V. Proposed resolution approving an agreement between the City of Hialeah, Florida and Axon Enterprise, Inc. for the purchase of law enforcement equipment, specifically Tasers 7, cartridges, and related services including training and warranty, for the Hialeah Police Department, in an amount not to exceed $1,003,610.00 to be paid in installments over a period of five (5) years, bearing no interest, beginning with a payment in the amount of $100,000.00 for the first year, in fiscal year 2021, and subsequent equal payments in the amount of $225,900.00 for years 2-5 subject to appropriations, as set forth in the quote dated December 2, 2020, attached hereto and incorporated herein as Exhibit “A”; approving the expenditure in an amount not to exceed $100,000.00, from the Law Enforcement Trust Fund-State to fund the first installment payment for fiscal year 2021; further 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. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-189 10. ADMINISTRATIVE ITEMS 10 A. First reading of proposed ordinance repealing and rescinding the Declaration of Use recorded in Miami-Dade County Official Records Book 14850 at Page 804. Property located at 752 East 33 Street, Hialeah, zoned R-1 (One Family District). 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. (ZONING) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Motion to Approve Administrative Item 10 A made by Council Vice President Perez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. 12/9/2020 9:26 PM  REPORT: Second reading and public hearing is scheduled for January 12, 2021. 11. BOARD APPOINTMENTS 11 A. Proposed resolution appointing Ferny Coipel to the Historic Preservation Board of the City of Hialeah for the remainder of a three (3)-year term ending on February 13, 2021. (MAYOR HERNANDEZ) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-190 REPORT: Motion to Approve Item 11 A made by Council Vice President Perez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. 11 B. Proposed resolution reappointing Michael Rosengaus to the Board of Trustees of the Employees General Retirement System as the Fraternal Order of Police appointment for a two (2)-year term ending on December 31, 2022. (FRATERNAL ORDER OF POLICE (FOP)) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-191 REPORT: Motion to Approve Item 11 B made by Council Member Zogby, and seconded by Council Vice President Perez. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. 11 C. Proposed resolution appointing Enrique Vargas to the Personnel Board of the City of Hialeah, as the Mayor’s appointment, for the remainder of a two (2)-year term ending on June 26, 2021. (MAYOR HERNANDEZ) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-192 REPORT: Motion to Approve Item 11 C made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. 11 D. Proposed resolution re-appointing Esmiley Iglesias as a member of the Planning and Zoning Board for a period of a two (2)-year term ending on September 9, 2022. (COUNCIL MEMBER ZOGBY) 12/9/2020 9:26 PM  APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-193 REPORT: Motion to Approve Item 11 D made by Council Member Garcia-Roves, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. 11 E. Proposed resolution re-appointing Carlos Hugo to the Cultural Affairs Council of the City of Hialeah for a (2)-year term ending on November 16, 2021. (COUNCIL MEMBER ZOGBY) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-194 REPORT: Motion to Approve Item 11 E made by Council Vice President Perez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. 11 F. Proposed resolution appointing Lesley Beautelus to the Board of Trustees of the Employees’ General Retirement System of the City of Hialeah as the American Federation of State, County and Municipal Employees (“AFSCME”) appointment for a two (2)-year term ending on December 31, 2022. (AFSCME) APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. RESOLUTION NO. 2020-195 REPORT: Motion to Approve Item 11 F made by Council Vice President Perez, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. 12. UNFINISHED BUSINESS 12 A. Report to the City Council from the Deferred Compensation/Defined Contribution Retirement Plans on the 2019 accomplishments of the Deferred Compensation and Defined Contribution Plan Oversight Committee. 12/9/2020 9:26 PM 12 B. REPORT: Council Vice President Perez thanked all the City departments for the Christmas Parade, and thanked the Fire Department for the toy event. 12 C. REPORT: Mayor Hernandez thanked the Council Members, employees and department heads for their efforts in 2020 and spoke regarding: 1. Corona Virus Taskforce Meeting 2. Toy Drive at Goodlet Park 12 D. REPORT: Council President Tundidor thanked the Police and Fire Departments for their work, as well as for their collaboration with the Christmas parade. Council President Tundidor congratulated Eric Johnson, President of Local 1102 for being re-elected. He also spoke regarding the following: 1. Proposed amendment to code regarding roll call of voting during Council Meetings 2. Amusement Machines 3. Impact Fee Study REPORT: Council President Tundidor called a three-minute break at 8:49 p.m. REPORT: Council President Tundidor called the meeting to order at 8:55 p.m. 13. NEW BUSINESS 14. ZONING PLANNING AND ZONING PZ 1. First reading of proposed ordinance granting a variance permit to allow three flagpoles of 37 feet in height, where 30 feet is the maximum allowed; contra to Hialeah Code of Ordinances § 74-146(4). Property located at 3990 West 108 Street, Hialeah, zoned BDH (Business Development District). 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. On November 18, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval Owner of the Property: Gary Edwards, 6831 East 32 Street, Suite 300, Indianapolis, Indiana 46226. 12/9/2020 9:26 PM .  APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Debora Storch addressed the City Council on this item. REPORT: Motion to Approve Item PZ 1 made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Second reading and public hearing is scheduled for January 12, 2021. PZ 2. First reading of proposed ordinance granting a variance permit to allow a single-family home on a substandard lot having a frontage of 40 feet and total lot area of 5,442.8 square feet, where 75 feet frontage and 7,500 square feet are required; contra to Hialeah Code of Ordinances § 98-499. Property located at 740 East 33 Street, Hialeah, zoned R-1 (One-Family District). 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. On November 18, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval Owner of the Property: Lumination Homes, LLC and Luminous Builders, LLC, 1474-A West 84 Street, Hialeah, Florida 33014. . APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Michael Osman, 1474 West 84th Street, after being duly sworn in by the City Clerk, addressed the City Council on this item. REPORT: Motion to Approve Item PZ 2 made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Second reading and public hearing is scheduled for January 12, 2021. PZ 3. First reading of proposed ordinance granting a variance permit to allow a single-family home on a substandard lot having a frontage of 40 feet and total lot area of 5,443.2 square feet, where 75 feet frontage and 7,500 square feet are required; contra to Hialeah Code of Ordinances § 98-499. Property located at 752 East 33 Street, Hialeah, zoned R-1 (One-Family District). 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. On November 18, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval 12/9/2020 9:26 PM  Owner of the Property: Lumination Homes, LLC., and Lumination Builders LLC., 1474-A West 84 Street, Hialeah, Florida 33014. . APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Motion to Approve Item PZ 3 made by Council Member Zogby, and seconded by Council Vice President Perez. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Second reading and public hearing is scheduled for January 12, 2021. PZ 4. First reading of proposed ordinance rezoning property from R-1 (One-Family District) to R-2 (One-and Two-Family Residential District); and granting a variance permit to allow for the replatting and construction of a duplex on a substandard lot with frontage of 60 feet, where 75 feet is the minimum required; allow lot coverage of 31.2%, where 30% is the maximum allowed; and allow a rear setback of 24 feet, where 25 feet is the minimum required; all contra to Hialeah Code of Ordinances §§ 98-544, 98-547(a) and 98-2056(b)(2). Property located at 631 East 40 Street, Hialeah, zoned R-1 (One-Family District). 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. Registered Lobbyist: Ceasar Mestre Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Hammer Holdings Inc., 7801 Coral Way, #101, Miami, FL 33155. On November 18, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval Owner of the Property: Jorge De la Osa, 631 East 40th Street, Hialeah, Florida 33013. . APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Ceasar Mestre, with law office at 8105 NW 155 Street, after being duly sworn-in by the City Clerk, addressed the City Council on this item via Zoom, and shared his screen via Zoom with a presentation. REPORT: Debora Storch, Planning Official of the City of Hialeah, spoke on this item. REPORT: Motion to Approve Item PZ 4 made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Second reading and public hearing is scheduled for January 12, 2021. 12/9/2020 9:26 PM PZ 5. First reading of proposed ordinance granting a Conditional Use Permit pursuant to Hialeah Code of Ordinances § 98-181 to allow the sale and consumption of alcohol within the facility located in the Alwod Artist Live/Work Overlay District, “Leah Art District”. Property located at 901 East 10 Avenue, Bay # 24, Hialeah, zoned M-1 (Industrial District). 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. Registered Lobbyist: Ceasar Mestre Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Isabel Restaurant Inc., 901 East 10 Avenue, Hialeah, FL. On November 18, 2020, the Planning and Zoning Board recommended approval with the condition that alcohol for consumption on premises will only be sold with full meals and that improvements will be made to the façade of the subject bay to reflect consistency with the ALWOD district, prior to applying for the alcoholic beverages license. Planner’s Recommendation: Approval with conditions. Owner of the Property: Flamingo East LTD, Jack Glottman, Deborah Glottman, 290 West 165 Street, PH 2, Miami, Florida 33029, Isabel Restaurant Inc., 901 East 10 Avenue, Bay 24, Hialeah, FL 33013, and Fabio Marte, 18175 SW 5 Court, Pembroke Pines, Florida 33029. APPROVED AS AMENDED 4-0-3 with Council Members De la Rosa and Hernandez absent, . and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Ceasar Mestre, with law office at 8105 NW 155 Street, addressed the City Council on this item via Zoom. REPORT: Debora Storch, Planning Official of the City of Hialeah, spoke on this item. REPORT: Fabio Marte, owner of the property, 18175 Southwest 5 th Court, Pembroke Pines, Florida, addressed the City Council via Zoom, and agreed for alcohol sales to end at 11:00 p.m. REPORT: Motion to Approve Item PZ 5 as Amended to reflect that alcohol sales will end at 11:00 p.m., made by Council Vice President Perez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Second reading and public hearing is scheduled for January 12, 2021. PZ 6. First reading of proposed ordinance granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay at an activity node fronting the Hialeah Metrorail Station for a multifamily 90 residential unit building pursuant to §§ 98-1630.8 and 98-161 Hialeah Code of Ordinances; and granting a variance permit to allow a single use multifamily residential building, where a vertical mix of uses is required; allow 36 units with less than 850 12/9/2020 9:26 PM  square feet, where only 9 units may have a minimum of 600 square feet; allow front setbacks for buildings of 6.75 feet along East 21 Street, 2.10 feet along East 1 Avenue, and 2.10 feet and 15 feet along Curtiss Drive, where front setbacks of 10 feet built-to-line are required; allow front setback for terraces on the ground floor and balconies above the ground floor of 2 feet along East 21 Street, East 1 Avenue, and Curtiss Drive, where 10 feet built-to-line are required; allow 125 parking spaces where 203 are required; and allow 12.4% pervious area, where 30% is required; all contra to Hialeah Code of Ordinances §§ 98-1630.1, 98-1630.2, 98-1630.3(e)(1), 98-2189(16)a. and 98-2056(b)(1). Property located at 102 East 21 Street, Hialeah, zoned CBD (Central Business District). 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. Registered Lobbyist: Hugo P. Arza, Esq., and Alejandro J. Arias, Esq., 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, on behalf of East 21st ST, LLC. On November 18, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval. Owner of the Property: East 21st ST, LLC (Martin H. Caparros 2004 Children’s Trust, JMDR, LLC, BRP 12, LLC, Metro FL Consulting, LLC, ARCH III, LLC, and Rodriguez Family Capital Holdings, LLC) . APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Hugo Arza, 701 Brickell Avenue,, after being duly sworn-in by the City Clerk, addressed the City Council on this item with a PowerPoint presentation. REPORT: Debora Storch, Planning Official of the City of Hialeah, spoke on this item. REPORT: Motion to Approve Item PZ 6 made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Second reading and public hearing is scheduled for January 12, 2021. PZ 7. First reading of proposed ordinance rezoning the property from R-2 (One- and Two-Family Residential District) to CBD (Central Business District); granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District overlay at an activity node fronting the Hialeah Metrorail Station for a mixed-use building including 12 residential units and 2,710 square feet of commercial area; pursuant to §§ 98-1630.8, and 98-161 of the Hialeah Code of Ordinances; and granting a variance permit to allow 12 residential units with less than 850 square feet where only 1 unit may have a minimum of 600 square feet; allow a 50 foot high building pedestal, where 40 feet is the maximum allowed; allow front setbacks for building of 4.5 feet along East 21 street and 5 feet and 6 feet along East 1 Avenue, where 10 feet built-to-line are required; allow front setback for staircase and entrance hallway of 1-foot along East 1 Avenue, 12/9/2020 9:26 PM  where 10 feet built-to-line are required; allow front setbacks of 3.83 feet for building walls above the ground floor, where 10 feet built-to-line are required; allow 25 parking spaces, where 38 parking spaces are required; and allow 8% pervious area, where 30% is required; all contra to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(b), 98-1630.3(e)(1), 98-2189(16) a. and b. and 98-2056(b)(1). Property located at XX East 21 Street, Hialeah, zoned R-2 (One- and Two-Family Residential District). 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. Registered Lobbyist: Hugo P. Arza, Esq., and Alejandro J. Arias, Esq., Holland & Knight, LLP, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, on behalf of East 21 st ST, LLC. On November 18, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval. Owner of the Property: East 21st ST, LLC (Martin H. Caparros 2004 Children’s Trust, JMDR, LLC, BRP 12, LLC, Metro FL Consulting, LLC, ARCH III, LLC, and Rodriguez Family Capital Holdings, LLC) . APPROVED 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Hugo Arza, 701 Brickell Avenue,, addressed the City Council on this item. REPORT: Motion to Approve Item PZ 7 made by Council Member Garcia-Roves, and seconded by Council Vice President Perez. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Second reading and public hearing is scheduled for January 12, 2021. LAND USE LU 1. Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Transit Oriented Development District to Industrial. Property located at 4800 NW 37 Avenue, Hialeah, Florida, zoned TOD (Transit Oriented Development District); 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. On November 23, 2020, the item was postponed until December 8, 2020 as there was no quorum to vote on this item. On November 10, 2020, the City Council approved the item on first reading. Second reading and 12/9/2020 9:26 PM  public hearing is scheduled for November 24, 2020. Registered Lobbyist: Felix M. Lasarte, 3250 NE 1 st Avenue, #334, Miami, FL 33137, on behalf of 4700 NW 37th Investments, LLC, 2665 S. Bayshore Drive, Suite 1020 On October 28, 2020, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval Owner of the Property: 4700 NW 37th Investments, LLC REPORT: No one 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. REPORT: Council President Tundidor asked anyone watching or listening to the meeting who would like to participate in the second reading of this item by speaking, to use the raising of the hand feature on Zoom. No member of the public expressed interest in participating. REPORT: Council President Tundidor asked anyone present at City Hall would like to speak. No member of the public expressed interest in participating. REPORT: Felix Lasarte, 3250 Northeast 1st Avenue, addressed the City Council. REPORT: Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Members De la Rosa and Hernandez absent, and Council Member Cue-Fuente recording her vote as “YES”. REPORT: Council President Tundidor adjourned the meeting at 10:05 p.m. NEXT CITY COUNCIL MEETING: Tuesday, January 12, 2020 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, February 23, 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 12/9/2020 9:26 PM 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). 12/9/2020 9:26 PM