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 Special Meeting of the City Council Minutes December 14, 2020 7:00 p.m. ____________________________________________________ 1. CALL TO ORDER REPORT: Council President Tundidor called the meeting to order at 7:03 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 Garcia-Roves 5. Councilman Hernandez 6. Councilman Zogby B. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Member absent: 1. Councilman De la Rosa 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. 12/15/2020 12:41 PM  4. PLEDGE OF ALLEGIANCE A. Council Member Cue-Fuente 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 12/15/2020 12:41 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 REPORT: None. 12/15/2020 12:41 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: No one present at City Hall expressed interest in speaking during this portion of the meeting. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA REPORT: None. 9. ADMINISTRATIVE ITEMS 9A. Proposed resolution approving an amendment to the Interlocal Agreement for federally-funded sub-award between Miami-Dade County and the City of Hialeah, Florida for the reimbursement of eligible expenses from Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) funds incurred by the City to combat the impact of COVID-19; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the amendment to the Interlocal Federally Funded Sub-Award Agreement, a copy of which is attached hereto and made a part hereof as Exhibit “4”; and providing for an effective date. (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 5-0-2 with Council Member De la Rosa absent, and Council Member Cue- Fuente recording her vote as “YES”. RESOLUTION NO. 2020-196 REPORT: Mayor Hernandez addressed the City Council. REPORT: Lorena Bravo, City Attorney, addressed the City Council. REPORT: Motion to Approve Item 9A made by Council Member Garcia-Roves, and seconded by Council Member Hernandez. Motion passes 5-0-2 with Council Member De la Rosa absent, and Council Member Cue-Fuente recording her vote as “YES”. 9B. Proposed resolution amending Hialeah Resolution No. 2020-169 (November 24, 2020) which provided for $2,000,000.00 of Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) funds for business rental assistance to eligible businesses of the City of Hialeah who have been financially impacted by the novel Coronavirus (COVID-19) by reducing the allocation by $500,000.00; amending Hialeah Resolution No. 2020-171 (November 24, 2020) which provided 12/15/2020 12:41 PM  for $2,202,188.00 in rental and mortgage assistance to eligible residents of the City of Hialeah by reducing the allocation by $800,000.00 and repurposing said funds for a Gift Card Program in the total amount of $1,300,000.00 including $50,000.00 for payroll costs associated with the Gift Card Program, said program to give residents of the City of Hialeah a $250.00 per gift card per family; and approving a corresponding reduction in administrative fees payable to Hagerty Consulting, Inc. pursuant to Hialeah Resolution No. 2020-176 (November 24, 2020); and providing for an effective date. (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 5-0-2 with Council Member De la Rosa absent, and Council Member Cue- Fuente recording her vote as “YES”. RESOLUTION NO. 2020-197 REPORT: Motion to Approve Item 9B made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council Member De la Rosa absent, and Council Member Cue-Fuente recording her vote as “YES”. 10. UNFINISHED BUSINESS 11. NEW BUSINESS REPORT: Council President Tundidor adjourned the meeting at 7:33 p.m. NEXT CITY COUNCIL MEETING: Tuesday, January 12, 2021 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 if the City Council overrides the Mayor’s veto. If the Mayor’s veto is sustained, the affected ordinance 12/15/2020 12:41 PM 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). 12/15/2020 12:41 PM