City Council
Regular MeetingHialeah, FL · April 27, 2021
Minutes
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
April 27, 2021
7:00 p.m.
____________________________________________________
1. CALL TO ORDER
A. REPORT: Council President Tundidor called the meeting to order at 7:03 p.m.
2. ROLL CALL
A. REPORT: Marbelys Fatjo, City Clerk, called the roll with all Council Members present:
1. Council President Tundidor
2. Council Vice President Perez
3. Council Member De la Rosa
4. Councilwoman Garcia-Roves
5. Councilman Zogby
B. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Members absent:
1. Council Member Cue-Fuente
2. Council Member Hernandez
C. REPORT:
1. Mayor Hernandez was present via Zoom.
2. Lorena Bravo, City Attorney, was present.
3. Marbelys Fatjo, City Clerk, was present.
3. INVOCATION
A. REPORT: Marbelys Fatjo, City Clerk, led the invocation.
4/30/2021 3:43 PM
4. PLEDGE OF ALLEGIANCE
A. REPORT: Council Member De la Rosa 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 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
4/30/2021 3:43 PM
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.
REPORT: Marbelys Fatjo, City Clerk, outlined the meeting guidelines for the record.
REPORT: Council President Tundidor announced the meeting’s agenda would be followed in the
following order: Comments and Questions, Announcements of Amendments/Corrections to the
Agenda, Consent Agenda, Board Appointments, Administrative Items, Unfinished Business, New
Business, Zoning and Land Use.
6. PRESENTATIONS
A. Presentation by Jose Arrojo, Executive Director of the Miami-Dade County Commission on
Ethics and Public Trust, regarding outside employment in relation to Administrative Item 10 G.
4/30/2021 3:43 PM
PRESENTED by Jose Arrojo, 701 Northwest 1st Court, 8th Floor, Miami, Florida.
On April 13, 2021, the presentation was postponed by the administration until April 27, 2021 due to the
absence of the sponsor and co-sponsor of the item at the City Council Meeting of April 13, 2021.
B. Presentation by Major Hubert Ruiz of the Hialeah Police Department corresponding to
Administrative Item 10 I.
PRESENTED
REPORT: Mayor Hernandez, Police Chief Sergio Velazquez and an undercover detective of
the Hialeah Police Department spoke.
REPORT: Motion to Consider Administrative Items 10 G and 10 I out of order made by Council
Member Zogby, and seconded by Council Member Perez. Motion passes 5-0-2 with Council
Member Cue-Fuente and Council Member Hernandez absent.
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 expressed 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 Comments and
Questions portion of the meeting using Zoom.
C. REPORT: No one in the meeting via Zoom expressed interest in making comments or posing questions
on matters of public concern during this portion of the meeting.
D. REPORT: One (1) individual participating via Zoom expressed interest in speaking during this portion
of the meeting.
(1) Eric Johnson, Local 1102, with a home address that is exempt from public disclosure per
Florida law, addressed the City Council regarding Consent Item L.
8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA
Consent Items V, W and X have been added to the agenda and placed on the dais for the City
Council’s review.
The proposed ordinance for Administrative Item 10 D has been updated.
Additional backup documentation to Administrative Items 10 G and 10 I have been placed on the
dais for the City Council’s review.
4/30/2021 3:43 PM
9. CONSENT AGENDA
All items listed under Consent Agenda with letter designations are considered routine and will be
enacted by one motion. There will be no separate discussion of these items unless a Council Member, the
Mayor or a resident so requests, in which case the item will be removed from the consent agenda and
considered along with the regular order of business.
REPORT: Motion to Approve the Consent Agenda, except items D, L, V, W and X, made by
Council Member Zogby, and seconded by Council Member De la Rosa. Motion passed 5-0-2 with
Council Member Cue-Fuente and Council Member Hernandez absent.
A. Request permission to approve the minutes of the City Council Meeting held on April 13, 2021.
(OFFICE OF THE CITY CLERK)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
B. Request permission to issue a purchase order to Tidal Basin Government Consulting, LLC, vendor under
contract with the City for emergency management administrative support services, for payment of the
following invoices: COHIALEAH-01-35, COHIALEAH-01-36, COHIALEAH-01-37, COHIALEAH-
01-38, COHIALEAH-01-39 and COHIALEAH-01-40, for emergency management support services
related to Hurricane Irma, in a total cumulative amount not to exceed $6,558.75. On June 25, 2019, the
City Council awarded Hialeah Request for Proposal No. 2018/19-8500-36-001 – Emergency
Management Administrative Support Services to this vendor for a period of three (3) years, with the
option to renew the agreement for up to two (2) consecutive one-year terms.
(EMERGENCY MANAGEMENT DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
C. Request permission to issue a purchase order to Tidal Basin Government Consulting, LLC, vendor under
contract with the City for emergency management administrative support services, for payment of the
following invoices: COHIALEAH-03-04, COHIALEAH-03-05 and COHIALEAH-03-06, for disaster
recovery services related to Hurricane Irma closeout (DR4337), in a total cumulative amount not to
exceed $45,110.00. On June 25, 2019, the City Council awarded Hialeah Request for Proposal No.
2018/19-8500-36-001 – Emergency Management Administrative Support Services to this vendor for a
period of three (3) years, with the option to renew the agreement for up to two (2) consecutive one-year
terms.
(EMERGENCY MANAGEMENT DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
D. Request permission to issue a purchase order to Tidal Basin Government Consulting, LLC, vendor under
contract with the City for emergency management administrative support services, for payment of the
following invoices: COHIALEAH-02-01, COHIALEAH-02-02, COHIALEAH-02-03, COHIALEAH-
02-04, COHIALEAH-02-05, COHIALEAH-02-06, COHIALEAH-02-07, COHIALEAH-02-08,
COHIALEAH-02-09 and COHIALEAH-02-10, for disaster recovery services related to COVID-19
(DR4486 project), and issue a purchase order to Tidal Basin Government Consulting, LLC, in the
amount of $23,353.75, with all invoices totaling an expense amount of $123,353.75, and further request
an allocation of an additional $100,000.00 to this vendor for ongoing emergency management
administrative support services. On May 28, 2020, the City Council approved Task Order No.
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COH2019-01EM to supplement the current agreement with this vendor as it applies to the Disaster
Recovery Services – COVID-19 project, thereby allocating a total of $100,000.00 to this vendor for
emergency management administrative services, for a total cumulative expense amount of $223,353.75.
On June 25, 2019, the City Council awarded Hialeah Request for Proposal No. 2018/19-8500-36-001 –
Emergency Management Administrative Support Services to this vendor for a period of three (3) years,
with the option to renew the agreement for up to two (2) consecutive one-year terms.
(EMERGENCY MANAGEMENT DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
REPORT: Mayor Hernandez spoke on this item.
REPORT: Armando Rojas, Emergency Management Director of the City of Hialeah, addressed
the City Council.
REPORT: Motion to Approve Consent Item D made by Council Member Zogby, and seconded by
Council Member Garcia-Roves. Motion passes 5-0-2 with Council Member Cue-Fuente and
Council Member Hernandez absent.
E. Request permission to waive competitive bidding, since it is advantageous to the City in that the City’s
Human Resources Department is presently using the services of this vendor, and increase Purchase
Order No. 2021-573, issued to Cano Occupational Health, LLC, doing business as Health Care Center of
Miami, for pre-employment examination for new hires, by an additional amount of $10,000.00, for a
new total cumulative expense amount not to exceed $35,000.00.
(HUMAN RESOURCES DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
F. Request permission to utilize County of Fairfax, Virginia Contract No. 4400006644 – Technology
Products, Services, Solutions and Related Products and Services, effective through April 30, 2023,
contract which is part of Omnia Partners, the largest cooperative purchasing organization for the public
sector offering a large portfolio of competitively bid contracts which the City of Hialeah is registered to
utilize, and issue a purchase order to Insight Public Sector, Inc., for the purchase of five (5) new
Panasonic CF-20 Tough Books, ten (10) replacement stylus, three (3) replacement batteries, and for the
purchase of an extended warranty on thirty-two (32) existing devices for an additional two (2) years, in a
total cumulative amount not to exceed $35,215.94.
(INFORMATION TECHNOLOGY DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
G. Request permission to issue a purchase order to Replay Systems, Inc., sole source vendor, for support
and maintenance to the VPI V4 and VPI V5 Voice Logging Recorder Systems manufactured by the
vendor, through October 31, 2020, as well as for support and maintenance to the NICE Inform Voice
Logging Recorder System, through February 18, 2022, both systems used by the E911 Communications
Center, in a total cumulative amount not to exceed $32,930.00.
(INFORMATION TECHNOLOGY DEPT.)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
H. Report of Scrivener’s Error – Consent Item E of the City Council Meeting of November 10, 2020, was
approved with the agenda letter from Sergio Velazquez, Chief of Police, to the Mayor and Council
4/30/2021 3:43 PM
Members incorrectly containing the following statement: “After $5,355 from fund balance”. Although
the item was approved with a request for an appropriation from fund balance, there was enough funding
available for the purchase.
(OFFICE OF MANAGEMENT AND BUDGET)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
I. Request permission to utilize League of Oregon Cities Contract No. PS21115, effective through March
15, 2027, and issue a purchase order to Vortex Aquatic Corporation, for the purchase of a new splash
zone for the Bucky Dent Pool, nineteen (19) play features, six (6) decks, four (4) steps, one (1) slide, and
forty (40) structure posts and transport, in a total cumulative amount not to exceed $227,118.20, cost
which includes all equipment necessary for the project.
(DEPARTMENT OF PARKS AND RECREATION)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
J. Proposed resolution approving the expenditure in an amount not to exceed $296,544.00 from the Law
Enforcement Trust Fund – State for the purchase of twelve (12) Chevrolet Silverado Motor Vehicles
pursuant to a competitive bid utilizing Florida Sheriff Association and Florida Association of Counties
Bid FSA20-VEL28.0 and providing for an effective date.
(POLICE DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
RESOLUTION NO. 2021-037
K. Proposed resolution approving a Professional Services Agreement between the City of Hialeah, Florida
and the Law Enforcement Survival Institute, LLC to provide tactical resilience and ethical policing
training to the Hialeah Police Department, for a term not exceeding one year, in an amount not to exceed
$16,000.00; further authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City,
to execute the Professional Services Agreement attached hereto in substantial form and made a part
hereof as Exhibit “1”; and providing for an effective date.
(POLICE DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
RESOLUTION NO. 2021-038
L. Proposed resolution authorizing the Mayor or his designee to negotiate the terms and conditions of an
agreement with PineTree Capitol, LLC d/b/a Emphasis Benefits, a Florida corporation, for the
negotiation and placement of the Open Access Plus (OAP) Health Insurance Plan, self funded PPO
Health Insurance Plans, GAP health insurance coverage, stop loss health insurance coverage, pharmacy
benefits for the City’s self funded PPO Health Insurance Plans, and the Medicare Advantage PPO Health
Insurance Plan for calendar years 2022 and 2023; 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.
(RISK MANAGEMENT)
TABLED UNTIL MAY 11, 2021
REPORT: Motion to Table Consent Item L until May 11, 2021 made by Council Member
4/30/2021 3:43 PM
Zogby, and seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council
Member Cue-Fuente and Council Member Hernandez absent.
M. Proposed resolution accepting the award of a grant from Miami-Dade County through the 2021 Street
Tree Matching Grant Program administered by the County’s Parks, Recreation and Open Spaces
Department, in the amount of $24,224.00 for the procurement, planting and maintenance of street trees
pursuant to the City of Hialeah 2021 Tree Canopy Improvement Project; and further authorizing the
Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into a Tree Planting
Agreement with Miami-Dade County commencing upon execution of the agreement and ending on
June 25, 2021, whereby the City agrees to provide matching funds in an amount not to exceed
$24,224.00, in substantial conformity with the agreement attached hereto and made a part hereof as
Exhibit “1”; and providing for an effective date.
(STREETS)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
RESOLUTION NO. 2021-039
N. Request from Fireworks Lady and Co. LLC, located at 8600 Northwest South River Drive, Suite 75,
Miami, Florida 33166, for permission to install a seasonal tent for the sale of fireworks and sparklers,
with set up taking place on Saturday, June 26, 2021 and take down on Monday, July 5, 2021, and with
sales scheduled to take place from Saturday, June 26, 2021 through Sunday, July 4, 2021, to be held at
Villa Verde Plaza located at 3100-3198 West 76th Street, Hialeah, Florida, in accordance with
recommendations from the Fire Department.
(OFFICE OF THE CITY CLERK)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
O. Request from Fireworks Lady and Co. LLC, located at 8600 Northwest South River Drive, Suite 75,
Miami, Florida 33166, for permission to install a seasonal tent for the sale of fireworks and sparklers,
with set up taking place on Saturday, June 26, 2021 and take down on Monday, July 5, 2021, and with
sales scheduled to take place from Saturday, June 26, 2021 through Sunday, July 4, 2021, to be held at
Westland Mall located at 1625 West 49th Street, Hialeah, Florida, in accordance with the
recommendations from the Fire Department.
(OFFICE OF THE CITY CLERK)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
P. Request from Red Nose Entertainment Corp., located at 3619 Northwest 101st Street, Miami, Florida,
for an extension to a Special Events Permit granted by the City Council on April 13, 2021 (Consent
Item F) to host a circus with no animals, including the installation of a seasonal tent, with the event
taking place from Friday, April 16, 2021 through Sunday, May 2, 2021, at the parking lot of Westland
Mall, located at 1675 West 49th Street, Hialeah, Florida, as approved, to be extended until Sunday, May
9, 2021.
(OFFICE OF THE CITY CLERK)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
Q. Proposed resolution approving a Statewide Mutual Aid Agreement between the State of Florida
Division of Emergency Management and the City of Hialeah, Florida, for reciprocal emergency aid and
4/30/2021 3:43 PM
assistance in case of emergencies; authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to execute the Statewide Mutual Aid Agreement, a copy of which is attached and
incorporated herein as Exhibit “A”; and further authorizing the Mayor to execute any and all
documents in furtherance thereof; and providing for an effective date.
(DEPARTMENT OF EMERGENCY MANAGEMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
RESOLUTION NO. 2021-040
R. Request permission to utilize Lake County Contact No. 17-0606D - Fire Equipment Parts-Supplies-
Service, and issue a purchase order to Fisher Scientific Company L.L.C., for the purchase of forty-six
(46) Scott SCBA Air-Cylinders, in a total cumulative amount not to exceed $48,445.00.
(FIRE DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
S. Request permission to increase Purchase Order No. 2021-578, issued to K. V. P., Enterprises, Inc.,
doing business as Expert Diesel, for the purchase of engine parts for the City’s heavy equipment, by an
additional $75,000.00, for a new total cumulative amount not to exceed $210,000.00. On October 13,
2020, the City Council approved Consent Item R, utilizing a contract awarded pursuant to Miami Dade
County Bid No. FB-00399 – Purchase of Original Equipment Manufacturer (OEM) and Original
Equipment (OE) Parts and Services, to purchase engine parts from this vendor.
(FLEET AND MAINTENANCE DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
T. Report of Scrivener’s Error – Consent Item T of the City Council Meeting of March 9, 2021, was
approved with an error in the vendor name on the agenda letter from Alexis Riveron, Building Official,
to the Mayor and City Council. The item was approved for the purchase of one (1) Ford Explorer XLT-
RWD and five (5) Chevy Colorado Double Cab-2WT, from Duval Fleet Services, Inc. The item is
being amended to reflect the purchase of the Ford Explorer from Duval Ford, LLC and the five (5)
Chevy Colorado vehicles from Stark Motorcars, LLC, doing business as Duval Chevrolet.
(BUILDING DIVISION)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
U. Request permission to waive competitive bidding, since it is advantageous to the City, and increase two
purchase orders, both issued to Heritage Landscape Supply Group Inc., doing business as FlS Outdoor,
(1) Purchase Order No. 2021-1294, for the purchase of 14-14-14 fertilizer with Siteone, by an
additional amount of $2,460.40, due to an increase in the price, for a new total cumulative amount not
to exceed $17,460.40, and (2) Purchase Order No. 2021-896, for irrigation needs, by an additional
amount of $2,539.60, for a new total cumulative amount not to exceed $7,539.60.
(PARKS AND RECREATION)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
V. Request permission to waive competitive bidding, since it is advantageous to the City in that research
has shown that this vendor is the only manufacturer of firearms simulation equipment and proprietary
software to incorporate real and interactive video seamlessly displayed and fully interactive across all
screens at the same time, and issue a purchase order to Virtra Systems, Inc., for the purchase of VirTra
4/30/2021 3:43 PM
Virtual Interactive Coursework and Training Academy, ViTra180 LE to include one (1) year warranty,
borderless screens (V-180 Systems), VirTra 180 installation and training, Service Plan V-180-Annual,
VirTra Tetherless-Glock 17, VirTra Tetherless-Glock 17/22- Fundamental Skills Magazine, VirTra
Engineered Tetherless-Standard M4 Kit, VirTra Engineered Tetherless MP5 Recoil Kit, VirTra MP5
Standard Magazine, X2 Taser Simulation Cartridges, OC Canister-MK3, Weapon Mounted Flashlight-
TLR1, and CO2 Refill Nozzle, in a total cumulative amount not to exceed $186,951.91.
(POLICE DEPARTMENT)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
REPORT: Mayor Hernandez spoke on this item.
REPORT: Motion to Approve Consent Item V made by Council Member De la Rosa, and
seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Cue-Fuente and Council
Member Hernandez absent.
W. Proposed resolution expressing their opposition to proposed Senate Bill 84 eliminating defined benefit
pension plans to new enrollees, except for members of the special risk class, and requiring all new
enrollees to participate in defined contribution plans effective July 1, 2022.
(COUNCIL VICE PRESIDENT PEREZ)
APPROVED 5-0-2 with Cue-Fuente and Council Member Hernandez absent.
RESOLUTION NO. 2021-041
REPORT: Antonio White, Vice President of United Teachers of Dade, 5553 Northwest 36th
Street, addressed the City Council in support of the resolution.
REPORT: Motion to Approve Consent Item W made by Council Member Zogby, and seconded
by Council Member De la Rosa. Motion passes 5-0-2 with Cue-Fuente and Council Member
Hernandez absent.
X. Proposed resolution expressing their opposition to proposed Senate Bill 76 and corresponding House
Bill 305 that would allow insurance companies to depreciate the cost of a roof older than ten years
resulting in practically no recovery for roof damage.
(COUNCIL VICE PRESIDENT PEREZ)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
RESOLUTION NO. 2021-042
REPORT: Mayor Hernandez spoke on this item.
REPORT: Motion to Approve Consent Item X made by Council Member Garcia-Roves, and
seconded by Council Member De la Rosa. Motion passes 5-0-2 with Cue-Fuente and Council
Member Hernandez absent.
10. ADMINISTRATIVE ITEMS
4/30/2021 3:43 PM
10 A. Second reading and public hearing of proposed ordinance amending Chapter 78 entitled "Solid Waste",
of the Code of Ordinances, Article I. entitled “In General”, in particular Section 78-1 to update defined
terms; amending Article III. entitled “Collection and Disposal”, to rescind in its entirety Section 78-75;
amending Article VI. entitled “Collection Services by Private Collectors Non-Exclusive Franchise”, to
authorize solid waste collection services by private collectors, to provide for collection container
regulations including labeling, location and maintenance obligations; providing the City with the right to
remove and impound abandoned collection containers; requiring any person collecting, removing,
transporting or procuring collection services contracts as an intermediary to obtain a non-exclusive
franchise upon application and payment of a fee; providing for minimum service standards; providing
for administrative remedies; amending Article VII. entitled “Roll-Off Regulations”, updating the
application process; providing an authorization fee of $150.00 per roll-off container; providing for
minimum standards for roll-off containers; repealing all ordinances or parts of ordinances in conflict
herewith; providing penalties for violation hereof; providing for inclusion in code; providing for a
severability clause and providing for an effective date.
(ADMINISTRATION)
ITEM IS POSTPONED UNTIL MAY 11, 2021
On April 13, 2021, the second reading of the item was postponed until April 27, 2021, per the
administration’s request.
On March 23, 2021, the second reading of the item was postponed until April 13, 2021, per the
administration’s request.
The item was approved on first reading by the City Council on March 9, 2021. Second reading
and public hearing was scheduled for March 23, 2021.
10 B. Second reading and public hearing of proposed ordinance amending Chapter 2 entitled
“Administration”, Article III. - Boards, Commissions and Committees, Division I - Generally, of the
Code of Ordinances of the City of Hialeah, and in particular Section 2-583 - Removal of Board
Members; imposing a penalty upon a Planning and Zoning Member following a third absence unless
good cause is shown; repealing all ordinances or parts of ordinances in conflict herewith; providing
penalties for violation hereof; providing for inclusion in the Code; providing for an effective date.
(COUNCIL MEMBER HERNANDEZ)
TABLED UNTIL MAY 11, 2021.
On April 13, 2021, the City Council tabled the item until April 27, 2021.
The item was approved on first reading by the City Council on March 23, 2021. Second reading
and public hearing was scheduled for April 13, 2021.
REPORT: Motion to Approve Administrative Item 10 B made by Council Member Zogby. Motion
fails at the lack of a second.
REPORT: Motion to Table Administrative Item 10 B until May 11, 2021 made by Council
Member De la Rosa, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council
Member Cue-Fuente and Council Member Hernandez absent.
10 C. Second reading and public hearing of proposed ordinance providing for the early voting time and
4/30/2021 3:43 PM
location as allowed by state law, specifically, Sections 101.657(1)(a)-(1)(d), Florida Statutes;
designating JFK Library as an early voting site for the November 2, 2021 City of Hialeah Primary
Election; beginning on Monday, October 25, 2021, from 7:00 a.m. to 7:00 p.m., on Tuesday, October
26, 2021, from 7:00 a.m. to 7:00 p.m., on Wednesday, October 27, 2021, from 7:00 a.m. to 7:00 p.m.;
on Thursday, October 28, 2021, from 7:00 a.m. to 7:00 p.m.; Friday, October 29, 2021, from 7:00 a.m.
to 7:00 p.m., on Saturday, October 30, 2021, from 9:00 a.m. to 4:00 p.m., and on Sunday, October 31,
2021, from 9:00 a.m. to 4:00 p.m.; and providing for early voting at JFK Library for the General
Election, if a General Election is held, and in particular, on Friday, November 12, 2021, from 7:00 a.m.
to 7:00 p.m., on Saturday, November 13, 2021, from 9:00 a.m. to 4:00 p.m. and on Sunday, November
14, 2021, from 9:00 a.m. to 4:00 p.m.; 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.
(OFFICE OF THE CITY CLERK)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
ORDINANCE NO. 2021-039
On April 13, 2021, the City Council approved the item as amended. Second reading and public
hearing was scheduled for April 27, 2021.
On November 24, 2020 the City Council tabled the item, and requested that the Office of the City
Clerk request from the Miami-Dade County Department of Elections a cost estimate for the following
early voting schedule: Monday through Friday 7:00 a.m. to 7:00 p.m., and Saturday and Sunday
from 9:00 a.m. to 4:00 p.m.
REPORT: Motion to Approve Administrative Item 10 C made by Council Member Zogby, and
seconded by Council Member De la Rosa. Motion passes 5-0-2 with Council Member Cue-Fuente
and Council Member Hernandez absent.
10 D. Second reading and public hearing of proposed ordinance amending Chapter 98, “Zoning”, Article I.,
entitled “In General”, by adding a new Section 98-7 “Approval of Governmental Facilities”; repealing
all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof;
providing for a severability clause; providing for inclusion in code; and providing for an effective date.
(ADMINISTRATION)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
ORDINANCE NO. 2021-040
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing was
scheduled for April 27, 2021.
REPORT: Motion to Approve Administrative Item 10 D made by Council Member Zogby, and
seconded by Council Member De la Rosa. Motion passes 5-0-2 with Council Member Cue-Fuente
and Council Member Hernandez absent.
10 E. Second reading and public hearing of proposed ordinance revising the Hialeah, Fla., Land Development
Code to reflect pertinent changes to the Hialeah Code and relevant changes in State Law enacted since
the date of the last revision; repealing all ordinances or parts of ordinances in conflict therewith;
providing penalties for violation hereof; providing for inclusion in the Hialeah, Fla. Land Development
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Code and the Hialeah Code; providing for a severability clause and providing for an effective date.
(ADMINISTRATION)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
ORDINANCE NO. 2021-041
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing was
scheduled for April 27, 2021.
REPORT: Motion to Approve Administrative Item 10 E made by Council Member Zogby, and
seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council Member Cue-
Fuente and Council Member Hernandez absent.
10 F. Second reading and public hearing of proposed ordinance amending Chapter 98 entitled “Zoning”, Article
V. entitled “Zoning District Regulations”, Division 26, TOD Transit Oriented Development District,
Section 98-1560(1) Sunset and Amendments, of the Code of Ordinances of the City of Hialeah, to
retroactively reinstate the TOD Transit Oriented Development District; repealing all ordinances or parts
of ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in
code; providing for severability; providing for an effective date.
(ADMINISTRATION)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
ORDINANCE NO. 2021-042
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing
was scheduled for April 27, 2021.
REPORT: Motion to Approve Administrative Item 10 F made by Council Member Garcia-Roves,
and seconded by Council Member De la Rosa. Motion passes 5-0-2 with Council Member Cue-
Fuente and Council Member Hernandez absent.
10 G. First reading of proposed ordinance amending Chapter 26 entitled “Code of Ethics”, Article I. – In
General, of the Code of Ordinances of the City of Hialeah, Florida adding Section 26-4 entitled
“Prohibited Outside Employment” prohibiting outside employment by the Mayor, Department and
Division Heads, and Management employees; repealing all ordinances in conflict herewith; providing
penalties for violation hereof; providing for inclusion in the code; providing for an effective date.
(SPONSOSR: COUNCIL MEMBER DE LA ROSA)
(CO-SPONSOR: COUNCIL VICE PRESIDENT PEREZ)
WITHDRAWN BY THE CITY COUNCIL
On April 13, 2021, the item was tabled by the City Council until April 27, 2021.
REPORT: Lorena Bravo, City Attorney, City of Hialeah, addressed the City Council.
REPORT: Mayor Hernandez, spoke on this item.
REPORT: Motion to Withdraw Administrative Item 10 G made by Council Member Zogby, and
seconded by Council Vice President Perez. Motion passes 5-0-2 with Council Member Cue-Fuente
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and Council Member Hernandez absent.
10 H. First reading of proposed ordinance amending Chapter 98 entitled “Zoning” Article V. “Zoning District
Regulations” Division 29. Hialeah Heights, § 98-1601. MH - Industrial District, of the Code of
Ordinances of the City of Hialeah eliminating automotive uses; providing for vested rights; repealing all
ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof;
providing for a severability clause; providing for inclusion in the code; and providing for an effective
date.
(ADMINISTRATION)
ITEM IS POSTPONED UNTIL MAY 11, 2021
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing is
scheduled for April 27, 2021. Due to advertisement requirements mandated by state law, this item will need
to be re-advertised. After the publishing of the advertisement, first reading of the proposed ordinance will
be held on May 11, 2021.
10 I. First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 18, entitled
“Businesses”, creating Article XII. – Hotels and Motels, and a new Section 18-613 entitled “Hotel and
Motel Rentals” to prohibit hourly rentals, rentals to minors and require identity verification of renters;
repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation
hereof; providing for a severability clause; providing for inclusion in the code; and providing for an
effective date.
(SPONSOR: COUNCIL PRESIDENT TUNDIOR)
(CO-SPONSOR: COUNCIL MEMBER DE LA ROSA)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
REPORT: Lorena Bravo, City Attorney, City of Hialeah, addressed the City Council.
REPORT: Motion to Approve Administrative Item 10 I made by Council Member De la Rosa,
and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member Cue-Fuente
and Council Member Hernandez absent.
REPORT: Second reading and public hearing is scheduled for May 11, 2021.
11. BOARD APPOINTMENTS
11 A. Proposed resolution appointing Lazaro Gamon as a member of the Planning and Zoning Board for the
remainder of a two (2)-year term beginning on April 27, 2021 and ending on June 28, 2022.
(COUNCIL MEMBER DE LA ROSA)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
RESOLUTION NO. 2021-043
REPORT: Motion to Approve Item 11 A made by Council Member Garcia-Roves, and seconded
by Council Vice President Perez. Motion passes 5-0-2 with Council Member Cue-Fuente and
Council Member Hernandez absent.
4/30/2021 3:43 PM
11 B. Proposed resolution appointing John Ulloa as a member of the Planning and Zoning Board for the
remainder of a two (2)-year term beginning on June 29, 2021 and ending on June 28, 2022.
(COUNCIL MEMBER GARCIA-ROVES)
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
RESOLUTION NO. 2021-044
REPORT: Motion to Approve Item 11 B made by Council Member Zogby, and seconded by
Council Member De la Rosa. Motion passes 5-0-2 with Council Member Cue-Fuente and Council
Member Hernandez absent.
12. UNFINISHED BUSINESS
13. NEW BUSINESS
14. ZONING
PLANNING AND ZONING
PZ 1. Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP)
pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-3 grade school with a maximum
enrollment of 56 students in conjunction with an existing daycare with a capacity of 44 children.
Property located at 3101-3141 East 4 Avenue, Hialeah, zoned C-1 (Restricted Retail Commercial
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..
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
ORDINANCE NO. 2021-043
On April 13, 2021, the City Council approved the item on first hearing. Second reading and public
hearing is scheduled for April 27, 2021.
On March 24, 2021, the Planning and Zoning Board recommended approval of the item with the
condition that designated staff is made available to facilitate the drop-off and pick-up process and to
ensure that traffic flows adequately within the site without overflowing into the right-of-ways.
Planner’s Recommendation: Approve with conditions.
4/30/2021 3:43 PM
Owners of the Property: Eliu Moliner and Elizabeth Moliner, PO Box 22402, Hialeah, Florida 33002.
REPORT: Motion to Approve Item PZ 1 made by Council Member Zogby, and seconded by
Council Member Garcia-Roves. Motion passes 5-0-2 with Cue-Fuente and Council Member
Hernandez absent.
PZ 2. Second reading and public hearing of proposed ordinance repealing and rescinding Hialeah Ordinance
93-01 (adopted January 12, 1993) and the related Unity of Title recorded in Official Records Book
15925 at Page 3448 (May 24, 1993) for properties zoned RO (Residential Office District) located at
4915 and 4935 E 1 Court, which upon repeal reverts from RO (Residential Office District) to R-1 zoning
(One-Family District); rezoning property located at 4935 E 1 Court from R-1 (One Family District) to P
(Parking District) for proposed surface parking to serve a proposed addition to the building located at
145 E 49 Street; rezoning property located at 4915 E 1 Court from R-1 (One Family District) to RO
(Residential Office) and granting a variance to allow a rear setback of 41 feet, where 45 feet are required
and allow one parking space at the front setback, where parking is required at the back of the building;
rezoning property located at 4950 E 1 Court from R-1 (One Family District) to P (Parking District) to
provide parking for a proposed addition to the building located at 145 E 49 Street that will expand into
4935 E 1 Avenue; granting a variance permit at 4935 E 1 Avenue and 145 E 49 Street to allow 0 feet
rear setback, where 15 feet are required; granting a variance permit to allow 56 parking spaces where 58
are required for properties located at 4915 E 1 Court, 145 E 49 Street and building addition proposed at
4935 E 1 Avenue; granting a variance permit to allow a total 15% pervious area on the proposed shared
development of the properties located at 125 E 49 Street, 145 E 49 Street, 4935 E 1 Avenue and 4950 E
1 Court, where 20% is the minimum required; and granting a variance to allow a combined 6 feet CBS
wall with a 2 feet decorative aluminum fence on top, for a total height of 8 feet, where 6 feet is the
maximum allowed, all contra to Hialeah Code of Ordinances §§ 98-930, 98-781 and 98-781(5), 98-782,
98-2189(7), 98-2118 and 98-2121 and the Hialeah Florida Landscape Manual, update July 9, 2015,
Paragraph (e) Table a. Properties located at 4915 East 1 Court, zoned RO (Residential Office); 4935
East 1 Court, zoned RO (Residential Office); 125 East 49 Street, zoned B-1 ((Highly Restricted
Retail District); 145 East 49 Street, zoned B-1 (Highly Restricted Retail District); 4950 East 1
Court, zoned R-1 (One-Family District); and 4935 East 1 Avenue, Hialeah, zoned B-1 (Highly
Restricted Retail 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.
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
ORDINANCE NO. 2021-044
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing
was scheduled for April 27, 2021.
On March 24, 2021, the Planning and Zoning Board recommended approval of the item with
conditions proffered in a Declaration of Restrictive Covenants
Planner’s Recommendation: Approval.
Registered Lobbyist: Joshua Dieguez, Esq., 7950 Northwest 155th Street, Suite 207, Miami, FL 33016.
4/30/2021 3:43 PM
Owner of the Property: Francisco Dieguez, Jr., MD PA.
REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all applicants
and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final
Decision Item to Mr. Joshua Dieguez, Esq.
REPORT: Joshua Dieguez, 7950 Northwest 155 Street, Miami, Florida, addressed the City Council.
REPORT: Motion to Approve Item PZ 2 made by Council Member Zogby, and seconded by
Council Member De la Rosa. Motion passes 5-0-2 with Council Member Cue-Fuente and Council
Member Hernandez absent.
PZ 3. Second reading and public hearing of proposed ordinance approving a Final Plat of Tom Thumb Food
Stores Subdivision I. accepting all dedication of avenues, streets, roads or other public ways, together
with all existing and future planting of trees; 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. Property located at 2401 West Okeechobee Road, Hialeah, Florida.
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
ORDINANCE NO. 2021-045
On April 13, 2021, the City Council approved the item on first hearing. Second reading and public
hearing is scheduled for April 27, 2021.
REPORT: Motion to Approve Item PZ 3 made by Council Member De la Rosa, and seconded by
Council Member Zogby. Motion passes 5-0-2 with Council Member Cue-Fuente and Council
Member Hernandez absent.
PZ 4. First reading of proposed ordinance granting a Special Use Permit (SUP) to allow the expansion of the
Neighborhood Business District Overlay pursuant to Hialeah Code of Ordinances § 98-1630.8; and
granting a variance permit to allow a single use, multifamily residential building, where a vertical mix of
uses is required; allow residential use on the ground floor, where residential uses are allowed above the
ground level only; allow all units with area of 660 square feet, where area of 850 square feet is the
minimum required and where only 10% of the units may have an area of 600 square feet; allow 10.41
feet front setback, where 10 feet built-to-line are required; allow 27 parking spaces, where 48 parking
spaces are required; allow 9% pervious area, where 30% is the minimum 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); allow
a privacy fence on the north and west property lines adjacent to dissimilar uses, where a wall is required,
contra to the latest edition of the Hialeah Landscape Manual dated July 9, 2015 Paragraph (d)(6) buffers
between dissimilar uses. Properties located at 425 East 8 Street and 443 East 8 Street, Hialeah,
zoned R-1 (One-Family District) with CBD (Central Business District) land use. 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 5-0-2 with Cue-Fuente and Council Member Hernandez absent.
On April 13, 2021, the item was tabled by the City Council until April 27, 2021, per the applicant’s
request.
4/30/2021 3:43 PM
Registered Lobbyist: Hugo P. Arza, Esq. and Alejandro Arias, Esq., 701 Brickell Avenue, Suite 3300,
Miami, Florida 33131.
On March 24, 2021, the Planning and Zoning Board recommended approval of the item.
Planner’s Recommendation: Approval.
Owner of the Property: East 8 ST, LLC
REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all applicants
and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final
Decision Item to Mr. Alejandro Arias.
REPORT: Alejandro Arias, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, addressed the
City Council.
REPORT: Motion to Approve Item PZ 4 made by Council Member Zogby, and seconded by
Council Member Garcia-Roves. Motion passes 5-0-2 with Council Member Cue-Fuente and
Council Member Hernandez absent.
REPORT: Second reading and public hearing is scheduled for May 11, 2021.
PZ 5. First reading of proposed ordinance rezoning from R-1 (One-Family District) and RO (Residential
Office) to R-3-3 (Multifamily District); granting a Special Use Permit (SUP) to allow the expansion of
the Neighborhood Business District Overlay pursuant to Hialeah Code of Ordinances § 98-1630.8; and
granting a variance permit to allow residential use on the ground floor, where residential uses are
allowed above the ground level only; allow all residential units with an area of 660 square feet, where
area of 850 square feet is the minimum required and only 10% of the units may have an area of 600
square feet; allow 15 feet front setback for the corner portion of the building, where 10 feet built-to-line
are required; allow 47 parking spaces, where 63 parking spaces are required; and allow 21.9 % pervious
area, where 30% is the minimum required; all contra to Hialeah Code of Ordinance §§ 98-1630.2, 98-
1630.3(e)(1), 98-2189(16)a., and 98-2056(b)(1). Property located at 665-673 East 49th Street and
Folio No. 04-2132-003-1010, Hialeah, zoned R-1 (One-Family District) and RO (Residential
Office). 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 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
Registered Lobbyist: Hugo P. Arza, Esq., Holland & Knight, LLP, 701 Brickell Avenue, Suite 3300,
Miami, Florida 33131, on behalf of Carribean Cat Corp. & Jodnasi Properties, LLC.
On April 14, 2021, the Planning and Zoning Board recommended approval of the item subject to
solving parking issues as will be recommended by corridor analysis that is underway.
Planner’s Recommendation: Table the item.
Owners of the Property: Caribbean Cat Corp. & Jodnasi Properties, LLC
4/30/2021 3:43 PM
REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all applicants
and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final
Decision Item to Mr. Alejandro Arias.
REPORT: Hugo Arza, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, addressed the City
Council.
REPORT: Debora Storch, Zoning Official Director of the City of Hialeah, addressed the City of
Hialeah Council.
REPORT: Motion to Approve Item PZ 5 made by Council Member Zogby, and seconded by
Council Member Garcia-Roves. Motion passes 5-0-2 with Council Member Cue-Fuente and
Council Member Hernandez absent.
REPORT: Second reading and public hearing is scheduled for May 11, 2021.
PZ 6. First reading of proposed ordinance rezoning from R-1 (One-Family District) to R-2 (One-and-Two-
Family Residential District); granting a variance permit to allow the construction of two attached
duplexes, one duplex on each substandard lot; and allow the replatting of the property into two
substandard lots having a frontage of 40 feet and total lot area of 5,400 square feet, where 75 feet
frontage and 7,500 square feet are required; allow interior lot 0 feet west side setback, where 7.5 feet is
the minimum required; on corner lot allow 0 feet east side setback, where 7.5 feet are required; and
allow 13 feet street side setback, where 15 feet are required, all contra to Hialeah Code of Ordinance §§
98-544 and 98-546. Property located at 302 East 11th 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.
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
Registered Lobbyist: Juan Jose Leon, 14031 Leaning Pine Drive, Miami Lakes, Florida 33014, on
behalf of Pedro Acebo, 302 East 11th Street.
On April 14, 2021, the Planning and Zoning Board recommended approval of the item.
Planner’s Recommendation: Approval.
Owners of the Property: Angel Melians and Noema Melians, 302 East 11th Street, Hialeah, Florida,
33010
REPORT: Motion to Approve Item PZ 6 made by Council Member Garcia-Roves, and seconded
by Council Member Zogby. Motion passes 5-0-2 with Council Member Cue-Fuente and Council
Member Hernandez absent.
REPORT: Second reading and public hearing is scheduled for May 11, 2021.
15. LAND USE
4/30/2021 3:43 PM
LU 1. Proposed resolution expressing its intent to adopt the City of Hialeah 20-Year Water Supply Facilities
Work Plan update (2020-2040) and related text amendments to the Potable Water Element,
Conservation Element, Intergovernmental Coordination Element and Capital Improvement Element of
the Hialeah, Fla., Comprehensive Plan (2015-2025); and providing for an effective date.
APPROVED 5-0-2 with Council Member Cue-Fuente and Council Member Hernandez absent.
RESOLUTIO NO 2021-045
On April 13, 2021, the item was tabled until April 27, 2021, per the administration’s request.
On March 10, 2021, the Planning and Zoning Board recommended approval of the item.
REPORT: Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by
Council Member Garcia-Roves. Motion passes 5-0-2 with Council Member Cue-Fuente and
Council Member Hernandez absent.
REPORT: Council President Tundidor adjourned the meeting at 10:21 p.m.
NEXT CITY COUNCIL MEETING: Tuesday, May 11, 2021 at 7:00 p.m.
NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, May 25, 2021 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).
4/30/2021 3:43 PM
Agenda
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
Agenda
April 27, 2021
7:00 p.m.
____________________________________________________
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
A. The invocation to be led by Marbelys Fatjo, City Clerk.
4. PLEDGE OF ALLEGIANCE
A. The Pledge of Allegiance to be led by Council Member Hernandez.
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
4/23/2021 2:54 PM
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 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.
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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. Presentation by Jose Arrojo, Executive Director of the Miami-Dade County Commission on
Ethics and Public Trust, regarding outside employment in relation to Administrative Item 10 H.
On April 13, 2021 the presentation was postponed by the administration until April 27, 2021 due to the
absence of the sponsor and co-sponsor of the item at the City Council Meeting of April 13, 2021.
7. COMMENTS AND QUESTIONS
8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA
9. CONSENT AGENDA
All items listed under Consent Agenda with letter designations are considered routine and will be
enacted by one motion. There will be no separate discussion of these items unless a Council Member, the
Mayor or a resident so requests, in which case the item will be removed from the consent agenda and
considered along with the regular order of business.
A. Request permission to approve the minutes of the City Council Meeting held on April 13, 2021.
(OFFICE OF THE CITY CLERK)
B. Request permission to issue a purchase order to Tidal Basin Government Consulting, LLC, vendor under
contract with the City for emergency management administrative support services, for the payment of
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the following invoices: COHIALEAH-01-35, COHIALEAH-01-36, COHIALEAH-01-37,
COHIALEAH-01-38, COHIALEAH-01-39 and COHIALEAH-01-40, for emergency management
support services related to Hurricane Irma, in a total cumulative amount not to exceed $6,558.75. On
June 25, 2019, the City Council awarded Hialeah Request for Proposal No. 2018/19-8500-36-001 –
Emergency Management Administrative Support Services to this vendor for a period of three (3) years,
with the option to renew the agreement for up to two (2) consecutive one-year terms.
(EMERGENCY MANAGEMENT DEPARTMENT)
C. Request permission to issue a purchase order to Tidal Basin Government Consulting, LLC, vendor under
contract with the City for emergency management administrative support services, for the payment of
the following invoices: COHIALEAH-03-04, COHIALEAH-03-05 and COHIALEAH-03-06, for
disaster recovery services related to Hurricane Irma closeout (DR4337), in a total cumulative amount
not to exceed $45,110.00. On June 25, 2019, the City Council awarded Hialeah Request for Proposal
No. 2018/19-8500-36-001 – Emergency Management Administrative Support Services to this vendor for
a period of three (3) years, with the option to renew the agreement for up to two (2) consecutive one-
year terms.
(EMERGENCY MANAGEMENT DEPARTMENT)
D. Request permission to issue a purchase order to Tidal Basin Government Consulting, LLC, vendor under
contract with the City for emergency management administrative support services, for the payment of
the following invoices: COHIALEAH-02-01, COHIALEAH-02-02, COHIALEAH-02-03,
COHIALEAH-02-04, COHIALEAH-02-05, COHIALEAH-02-06, COHIALEAH-02-07,
COHIALEAH-02-08, COHIALEAH-02-09 and COHIALEAH-02-10, for disaster recovery services
related to COVID-19 (DR4486 project), and issue a purchase order to Tidal Basin Government
Consulting, LLC, in the amount of $23,353.75, with all invoices totaling an expense amount of
$123,353.75, and further request an allocation of an additional $100,000.00 to this vendor for ongoing
emergency management administrative support services. On May 28, 2020, the City Council approved
Task Order No. COH2019-01EM to supplement the current agreement with this vendor as it applies to
the Disaster Recovery Services – COVID-19 project for $100,000, in a total cumulative expense amount
of $223,353.75. On June 25, 2019, the City Council awarded Hialeah Request for Proposal No.
2018/19-8500-36-001 – Emergency Management Administrative Support Services to this vendor for a
period of three (3) years, with the option to renew the agreement for up to two (2) consecutive one-year
terms.
(EMERGENCY MANAGEMENT DEPARTMENT)
E. Request permission to waive competitive bidding, since it is advantageous to the City in that the City’s
Human Resources Department is presently using the services of this vendor, and increase Purchase
Order No. 2021-573, issued to Cano Occupational Health, LLC, doing business as Health Care Center of
Miami, for pre-employment examination for new hires, by an additional amount of $10,000.00, for a
new total cumulative expense amount not to exceed $35,000.00.
(HUMAN RESOURCES DEPARTMENT)
F. Request permission to utilize County of Fairfax, Virginia Contract No. 4400006644 – Technology
Products, Services, Solutions and Related Products and Services, effective through April 30, 2023,
contract which is part of Omnia Partners, the largest cooperative purchasing organization for the public
sector offering a large portfolio of competitively bid contracts which the City of Hialeah is registered to
utilize, and issue a purchase order to Insight Public Sector, Inc., for the purchase of five (5) new
Panasonic CF-20 Tough Books, ten (10) replacement stylus, three (3) replacement batteries and for the
purchase of an extended warranty on thirty-two (32) existing devices for an additional two (2) years, in a
total cumulative amount not to exceed $35,215.94.
(INFORMATION TECHNOLOGY DEPARTMENT)
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G. Request permission to issue a purchase order to Replay Systems, Inc., sole source vendor, for support
and maintenance to the VPI V4 and VPI V5 Voice Logging Recorder Systems manufactured by the
vendor, through October 31, 2020, as well as for support and maintenance to the NICE Inform Voice
Logging Recorder System, through February 18, 2022, both systems used by the E911 Communications
Center, in a total cumulative amount not to exceed $32,930.00.
(INFORMATION TECHNOLOGY DEPT.)
H. Report of Scrivener’s Error – Consent Item E of the City Council Meeting of November 10, 2020, was
approved with the agenda letter from Sergio Velazquez, Chief of Police, to the Mayor and Council
Members incorrectly containing the following: “After $5,355 from fund balance”. Although the item
was approved with a request for an appropriation from fund balance, there was enough funding available
for the purchase.
(OFFICE OF MANAGEMENT AND BUDGET)
I. Request permission to utilize League of Oregon Cities Contract No. PS21115, effective through March
15, 2027, and issue a purchase order to Vortex Aquatic Corporation, for the purchase of a new splash
zone for the Bucky Dent Pool, nineteen (19) play features, six (6) decks, four (4) steps, one (1) slide, and
forty (40) structure posts and transport, in a total cumulative amount not to exceed $227,118.20, cost
which includes all equipment necessary for the project.
(DEPARTMENT OF PARKS AND RECREATION)
J. Proposed resolution approving the expenditure in an amount not to exceed $296,544.00 from the Law
Enforcement Trust Fund – State for the purchase of twelve (12) Chevrolet Silverado Motor Vehicles
pursuant to a competitive bid utilizing Florida Sheriff Association and Florida Association of Counties
Bid FSA20-VEL28.0 and providing for an effective date.
(POLICE DEPARTMENT)
K. Proposed resolution approving a Professional Services Agreement between the City of Hialeah, Florida
and the Law Enforcement Survival Institute, LLC to provide tactical resilience and ethical policing
training to the Hialeah Police Department, for a term not exceeding one year, in an amount not to exceed
$16,000.00; further authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City,
to execute the Professional Services Agreement attached hereto in substantial form and made a part
hereof as Exhibit “1”; and providing for an effective date.
(POLICE DEPARTMENT)
L. Proposed resolution authorizing the Mayor or his designee to negotiate the terms and conditions of an
agreement with PineTree Capitol, LLC d/b/a Emphasis Benefits, a Florida corporation, for the
negotiation and placement of the Open Access Plus (OAP) Health Insurance Plan, self funded PPO
Health Insurance Plans, GAP health insurance coverage, stop loss health insurance coverage, pharmacy
benefits for the City’s self funded PPO Health Insurance Plans, and the Medicare Advantage PPO Health
Insurance Plan for calendar years 2022 and 2023; 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.
(RISK MANAGEMENT)
M. Proposed resolution accepting the award of a grant from Miami-Dade County through the 2021 Street
Tree Matching Grant Program administered by the County’s Parks, Recreation and Open Spaces
Department, in the amount of $24,224.00 for the procurement, planting and maintenance of street trees
pursuant to the City of Hialeah 2021 Tree Canopy Improvement Project; and further authorizing the
Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into a Tree Planting
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Agreement with Miami-Dade County commencing upon execution of the agreement and ending on
June 25, 2021, whereby the City agrees to provide matching funds in an amount not to exceed
$24,224.00, in substantial conformity with the agreement attached hereto and made a part hereof as
Exhibit “1”; and providing for an effective date.
(STREETS)
N. Request from Fireworks Lady and Co. LLC, located at 8600 Northwest South River Drive, Suite 75,
Miami, Florida 33166, for permission to install a seasonal tent for the sale of fireworks and sparklers,
with set up taking place on Saturday, June 26, 2021 and take down on Monday, July 5, 2021, and with
sales scheduled to take place from Saturday, June 26, 2021 through Sunday, July 4, 2021, to be held at
Villa Verde Plaza located at 3100-3198 West 76th Street, Hialeah, Florida, in accordance with
recommendations from the Fire Department.
(OFFICE OF THE CITY CLERK)
O. Request from Fireworks Lady and Co. LLC, located at 8600 Northwest South River Drive, Suite 75,
Miami, Florida 33166, for permission to install a seasonal tent for the sale of fireworks and sparklers,
with set up taking place on Saturday, June 26, 2021 and take down on Monday, July 5, 2021, and with
sales scheduled to take place from Saturday, June 26, 2021 through Sunday, July 4, 2021, to be held at
Westland Mall located at 1625 West 49th Street, Hialeah, Florida, in accordance with the
recommendations from the Fire Department.
(OFFICE OF THE CITY CLERK)
P. Request from Red Nose Entertainment Corp., located at 3619 Northwest 101st Street, Miami, Florida,
for an extension to a Special Events Permit granted by the City Council on April 13, 2021 (Consent
Item F) to host a circus with no animals, including the installation of a seasonal tent, with the event
taking place from Friday, April 16, 2021 through Sunday, May 2, 2021, at the parking lot of Westland
Mall, located at 1675 West 49th Street, Hialeah, Florida, as approved, to be extended until Sunday, May
9, 2021.
(OFFICE OF THE CITY CLERK)
Q. Proposed resolution approving a Statewide Mutual Aid Agreement between the State of Florida
Division of Emergency Management and the City of Hialeah, Florida, for reciprocal emergency aid and
assistance in case of emergencies; authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to execute the Statewide Mutual Aid Agreement, a copy of which is attached and
incorporated herein as Exhibit “A”; and further authorizing the Mayor to execute any and all
documents in furtherance thereof; and providing for an effective date.
(DEPARTMENT OF EMERGENCY MANAGEMENT)
R. Request permission to utilize Lake County Contact No. 17-0606D - Fire Equipment Parts-Supplies-
Service, and issue a purchase order to Fisher Scientific Company L.L.C., for the purchase of forty-six
(46) Scott SCBA Air-Cylinders, in a total cumulative amount not to exceed $48,445.00.
(FIRE DEPARTMENT)
S. Request permission to increase Purchase Order No. 2021-578, issued to K. V. P., Enterprises, Inc.,
doing business as Expert Diesel, for the purchase of engine parts for the City’s heavy equipment, by an
additional $75,000.00, for a new total cumulative amount not to exceed $210,000.00. On October 13,
2020, the City Council approved Consent Item R, utilizing a contract awarded pursuant to Miami Dade
County Bid No. FB-00399 – Purchase of Original Equipment Manufacturer (OEM) and Original
Equipment (OE) Parts and Services, to purchase engine parts from this vendor.
(FLEET AND MAINTENANCE DEPARTMENT)
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T. Report of Scrivener’s Error – Consent Item T of the City Council Meeting of March 9, 2021, was
approved with an error in the vendor name on the agenda letter from Alexis Riveron, Building Official,
to the Mayor and City Council. The item was approved for the purchase of one (1) Ford Explorer XLT-
RWD and five (5) Chevy Colorado Double Cab-2WT, from Duval Fleet Services, Inc. The item is
being amended to reflect the purchase of the Ford Explorer from Duval Ford, LLC and the five (5)
Chevy Colorado vehicles from Stark Motorcars, LLC, doing business as Duval Chevrolet.
(BUILDING DIVISION)
U. Request permission to waive competitive bidding, since it is advantageous to the City, and increase two
purchase orders, both issued to Heritage Landscape Supply Group Inc., doing business as FlS Outdoor,
(1) Purchase Order No. 2021-1294, for the purchase of 14-14-14 fertilizer with Siteone, by an
additional amount of $2,460.40, due to an increase in the price, for a new total cumulative amount not
to exceed $17,460.40, and (2) Purchase Order No. 2021-896, for irrigation needs, by an additional
amount of $2,539.60, for a new total cumulative amount not to exceed $7,539.60.
(PARKS AND RECREATION)
10. ADMINISTRATIVE ITEMS
10 A. Second reading and public hearing of proposed ordinance amending Chapter 78 entitled "Solid Waste",
of the Code of Ordinances, Article I. entitled “In General”, in particular Section 78-1 to update defined
terms; amending Article III. entitled “Collection and Disposal”, to rescind in its entirety Section 78-75;
amending Article VI. entitled “Collection Services by Private Collectors Non-Exclusive Franchise”, to
authorize solid waste collection services by private collectors, to provide for collection container
regulations including labeling, location and maintenance obligations; providing the City with the right to
remove and impound abandoned collection containers; requiring any person collecting, removing,
transporting or procuring collection services contracts as an intermediary to obtain a non-exclusive
franchise upon application and payment of a fee; providing for minimum service standards; providing
for administrative remedies; amending Article VII. entitled “Roll-Off Regulations”, updating the
application process; providing an authorization fee of $150.00 per roll-off container; providing for
minimum standards for roll-off containers; repealing all ordinances or parts of ordinances in conflict
herewith; providing penalties for violation hereof; providing for inclusion in code; providing for a
severability clause and providing for an effective date.
(ADMINISTRATION)
ITEM IS POSTPONED UNTIL MAY 11, 2021
On April 13, 2021, the second reading of the item was postponed until April 27, 2021, per the
administration’s request.
On March 23, 2021, the second reading of the item was postponed until April 13, 2021, per the
administration’s request.
The item was approved on first reading by the City Council on March 9, 2021. Second reading
and public hearing was scheduled for March 23, 2021.
10 B. Second reading and public hearing of proposed ordinance amending Chapter 2 entitled
“Administration”, Article III. - Boards, Commissions and Committees, Division I - Generally, of the
Code of Ordinances of the City of Hialeah, and in particular Section 2-583 - Removal of Board
Members; imposing a penalty upon a Planning and Zoning Member following a third absence unless
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good cause is shown; repealing all ordinances or parts of ordinances in conflict herewith; providing
penalties for violation hereof; providing for inclusion in the Code; providing for an effective date.
(COUNCIL MEMBER HERNANDEZ)
On April 13, 2021, the City Council tabled the item until April 27, 2021.
The item was approved on first reading by the City Council on March 23, 2021. Second reading
and public hearing was scheduled for April 13, 2021.
10 C. Second reading and public hearing of proposed ordinance providing for the early voting time and
location as allowed by state law, specifically, Sections 101.657(1)(a)-(1)(d), Florida Statutes;
designating JFK Library as an early voting site for the November 2, 2021 City of Hialeah Primary
Election; beginning on Monday, October 25, 2021, from 7:00 a.m. to 7:00 p.m., on Tuesday, October
26, 2021, from 7:00 a.m. to 7:00 p.m., on Wednesday, October 27, 2021, from 7:00 a.m. to 7:00 p.m.;
on Thursday, October 28, 2021, from 7:00 a.m. to 7:00 p.m.; Friday, October 29, 2021, from 7:00 a.m.
to 7:00 p.m., on Saturday, October 30, 2021, from 9:00 a.m. to 4:00 p.m., and on Sunday, October 31,
2021, from 9:00 a.m. to 4:00 p.m.; and providing for early voting at JFK Library for the General
Election, if a General Election is held, and in particular, on Friday, November 12, 2021, from 7:00 a.m.
to 7:00 p.m., on Saturday, November 13, 2021, from 9:00 a.m. to 4:00 p.m. and on Sunday, November
14, 2021, from 9:00 a.m. to 4:00 p.m.; 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.
(OFFICE OF THE CITY CLERK)
On April 13, 2021, the City Council approved the item as amended. Second reading and public
hearing was scheduled for April 27, 2021.
On November 24, 2020 the City Council tabled the item, and requested that the Office of the City
Clerk request from the Miami-Dade County Department of Elections a cost estimate for the following
early voting schedule: Monday through Friday 7:00 a.m. to 7:00 p.m., and Saturday and Sunday
from 9:00 a.m. to 4:00 p.m.
10 D. Second reading and public hearing of proposed ordinance amending Chapter 98, “Zoning”, Article I.,
entitled “In General”, by adding a new Section 98-7 “Approval of Governmental Facilities”; repealing
all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof;
providing for a severability clause; providing for inclusion in code; and providing for an effective date.
(ADMINISTRATION)
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing was
scheduled for April 27, 2021.
10 E. Second reading and public hearing of proposed ordinance revising the Hialeah, Fla., Land Development
Code to reflect pertinent changes to the Hialeah Code and relevant changes in State Law enacted since
the date of the last revision; repealing all ordinances or parts of ordinances in conflict therewith;
providing penalties for violation hereof; providing for inclusion in the Hialeah, Fla. Land Development
Code and the Hialeah Code; providing for a severability clause and providing for an effective date.
(ADMINISTRATION)
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing was
scheduled for April 27, 2021.
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10 F. Second reading and public hearing of proposed ordinance amending Chapter 98 entitled “Zoning”, Article
V. entitled “Zoning District Regulations”, Division 26, TOD Transit Oriented Development District,
Section 98-1560(1) Sunset and Amendments, of the Code of Ordinances of the City of Hialeah, to
retroactively reinstate the TOD Transit Oriented Development District; repealing all ordinances or parts
of ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in
code; providing for severability; providing for an effective date.
(ADMINISTRATION)
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing
was scheduled for April 27, 2021.
10 G. First reading of proposed ordinance amending Chapter 26 entitled “Code of Ethics”, Article I. – In
General, of the Code of Ordinances of the City of Hialeah, Florida adding Section 26-4 entitled
“Prohibited Outside Employment” prohibiting outside employment by the Mayor, Department and
Division Heads, and Management employees; repealing all ordinances in conflict herewith; providing
penalties for violation hereof; providing for inclusion in the code; providing for an effective date.
(SPONSOSR: COUNCIL MEMBER DE LA ROSA)
(CO-SPONSOR: COUNCIL VICE PRESIDENT PEREZ)
On April 13, 2021, the item was tabled by the City Council until April 27, 2021.
10 H. First reading of proposed ordinance amending Chapter 98 entitled “Zoning” Article V. “Zoning District
Regulations” Division 29. Hialeah Heights, § 98-1601. MH - Industrial District, of the Code of
Ordinances of the City of Hialeah eliminating automotive uses; providing for vested rights; repealing all
ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof;
providing for a severability clause; providing for inclusion in the code; and providing for an effective
date.
(ADMINISTRATION)
ITEM IS POSTPONED UNTIL MAY 11, 2021
On April 13, 2021, the City Council approved the item as amended. Second reading and public hearing is
scheduled for April 27, 2021. Due to advertisement requirements mandated by state law, this item will need
to be re-advertised. After the publishing of the advertisement, first reading of the proposed ordinance will
be held on May 11, 2021.
10 I. First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 18, entitled
“Businesses”, creating Article XII. – Hotels and Motels, and a new Section 18-613 entitled “Hotel and
Motel Rentals” to prohibit hourly rentals, rentals to minors and require identity verification of renters;
repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation
hereof; providing for a severability clause; providing for inclusion in the code; and providing for an
effective date.
(SPONSOR: COUNCIL PRESIDENT TUNDIOR)
(CO-SPONSOR: COUNCIL MEMBER DE LA ROSA)
11. BOARD APPOINTMENTS
11 A. Proposed resolution appointing Lazaro Gamon as a member of the Planning and Zoning Board for the
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remainder of a two (2)-year term beginning on April 27, 2021 and ending on June 28, 2022.
(COUNCIL MEMBER DE LA ROSA)
11 B. Proposed resolution appointing John Ulloa as a member of the Planning and Zoning Board for the
remainder of a two (2)-year term beginning on June 29, 2021 and ending on June 28, 2022.
(COUNCIL MEMBER GARCIA-ROVES)
12. UNFINISHED BUSINESS
13. NEW BUSINESS
13 A. Discussion of a proposed resolution opposing proposed Senate Bill 76 and corresponding House Bill
305.
(COUNCIL VICE PRESIDENT PEREZ)
13 B. Discussion of a proposed resolution opposing proposed Senate Bill 84.
(COUNCIL VICE PRESIDENT PEREZ)
14. ZONING
PLANNING AND ZONING
PZ 1. Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP)
pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-3 grade school with a maximum
enrollment of 56 students in conjunction with an existing daycare with a capacity of 44 children.
Property located at 3101-3141 East 4 Avenue, Hialeah, zoned C-1 (Restricted Retail Commercial
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 April 13, 2021, the City Council approved the item on first hearing. Second reading and public
hearing is scheduled for April 27, 2021.
On March 24, 2021, the Planning and Zoning Board recommended approval of the item with the
condition that designated staff is made available to facilitate the drop-off and pick-up process and to
ensure that traffic flows adequately within the site without overflowing into the right-of-ways.
Planner’s Recommendation: Approve with conditions.
Owners of the Property: Eliu Moliner and Elizabeth Moliner, PO Box 22402, Hialeah, Florida 33002.
PZ 2. Second reading and public hearing of proposed ordinance repealing and rescinding Hialeah Ordinance
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93-01 (adopted January 12, 1993) and the related Unity of Title recorded in Official Records Book
15925 at Page 3448 (May 24, 1993) for properties zoned RO (Residential Office District) located at
4915 and 4935 E 1 Court, which upon repeal reverts from RO (Residential Office District) to R-1 zoning
(One-Family District); rezoning property located at 4935 E 1 Court from R-1 (One Family District) to P
(Parking District) for proposed surface parking to serve a proposed addition to the building located at
145 E 49 Street; rezoning property located at 4915 E 1 Court from R-1 (One Family District) to RO
(Residential Office) and granting a variance to allow a rear setback of 41 feet, where 45 feet are required
and allow one parking space at the front setback, where parking is required at the back of the building;
rezoning property located at 4950 E 1 Court from R-1 (One Family District) to P (Parking District) to
provide parking for a proposed addition to the building located at 145 E 49 Street that will expand into
4935 E 1 Avenue; granting a variance permit at 4935 E 1 Avenue and 145 E 49 Street to allow 0 feet
rear setback, where 15 feet are required; granting a variance permit to allow 56 parking spaces where 58
are required for properties located at 4915 E 1 Court, 145 E 49 Street and building addition proposed at
4935 E 1 Avenue; granting a variance permit to allow a total 15% pervious area on the proposed shared
development of the properties located at 125 E 49 Street, 145 E 49 Street, 4935 E 1 Avenue and 4950 E
1 Court, where 20% is the minimum required; and granting a variance to allow a combined 6 feet CBS
wall with a 2 feet decorative aluminum fence on top, for a total height of 8 feet, where 6 feet is the
maximum allowed, all contra to Hialeah Code of Ordinances §§ 98-930, 98-781 and 98-781(5), 98-782,
98-2189(7), 98-2118 and 98-2121 and the Hialeah Florida Landscape Manual, update July 9, 2015,
Paragraph (e) Table a. Properties located at 4915 East 1 Court, zoned RO (Residential Office); 4935
East 1 Court, zoned RO (Residential Office); 125 East 49 Street, zoned B-1 ((Highly Restricted
Retail District); 145 East 49 Street, zoned B-1 (Highly Restricted Retail District); 4950 East 1
Court, zoned R-1 (One-Family District); and 4935 East 1 Avenue, Hialeah, zoned B-1 (Highly
Restricted Retail 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 April 13, 2021, the City Council approved the item as amended. Second reading and public hearing
was scheduled for April 27, 2021.
On March 24, 2021, the Planning and Zoning Board recommended approval of the item with
conditions proffered in a Declaration of Restrictive Covenants
Planner’s Recommendation: Approval.
Registered Lobbyist: Joshua Dieguez, Esq., 7950 Northwest 155th Street, Suite 207, Miami, FL 33016.
Owner of the Property: Francisco Dieguez, Jr., MD PA.
PZ 3. Second reading and public hearing of proposed ordinance approving a Final Plat of Tom Thumb Food
Stores Subdivision I. accepting all dedication of avenues, streets, roads or other public ways, together
with all existing and future planting of trees; 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. Property located at 2401 West Okeechobee Road, Hialeah, Florida.
On April 13, 2021, the City Council approved the item on first hearing. Second reading and public
hearing is scheduled for April 27, 2021.
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PZ 4. First reading of proposed ordinance granting a Special Use Permit (SUP) to allow the expansion of the
Neighborhood Business District Overlay pursuant to Hialeah Code of Ordinances § 98-1630.8; and
granting a variance permit to allow a single use, multifamily residential building, where a vertical mix of
uses is required; allow residential use on the ground floor, where residential uses are allowed above the
ground level only; allow all units with area of 660 square feet, where area of 850 square feet is the
minimum required and where only 10% of the units may have an area of 600 square feet; allow 10.41
feet front setback, where 10 feet built-to-line are required; allow 27 parking spaces, where 48 parking
spaces are required; allow 9% pervious area, where 30% is the minimum 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); allow
a privacy fence on the north and west property lines adjacent to dissimilar uses, where a wall is required,
contra to the latest edition of the Hialeah Landscape Manual dated July 9, 2015 Paragraph (d)(6) buffers
between dissimilar uses. Properties located at 425 East 8 Street and 443 East 8 Street, Hialeah,
zoned R-1 (One-Family District) with CBD (Central Business District) land use. 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 April 13, 2021, the item was tabled by the City Council until April 27, 2021, per the applicant’s
request.
Registered Lobbyist: Hugo P. Arza, Esq. and Alejandro Arias, Esq., 701 Brickell Avenue, Suite 3300,
Miami, Florida 33131.
On March 24, 2021, the Planning and Zoning Board recommended approval of the item.
Planner’s Recommendation: Approval.
Owner of the Property: East 8 ST, LLC
PZ 5. First reading of proposed ordinance rezoning from R-1 (One-Family District) and RO (Residential
Office) to R-3-3 (Multifamily District); granting a Special Use Permit (SUP) to allow the expansion of
the Neighborhood Business District Overlay pursuant to Hialeah Code of Ordinances § 98-1630.8; and
granting a variance permit to allow residential use on the ground floor, where residential uses are
allowed above the ground level only; allow all residential units with an area of 660 square feet, where
area of 850 square feet is the minimum required and only 10% of the units may have an area of 600
square feet; allow 15 feet front setback for the corner portion of the building, where 10 feet built-to-line
are required; allow 47 parking spaces, where 63 parking spaces are required; and allow 21.9 % pervious
area, where 30% is the minimum required; all contra to Hialeah Code of Ordinance §§ 98-1630.2, 98-
1630.3(e)(1), 98-2189(16)a., and 98-2056(b)(1). Property located at 665-673 East 49th Street and
Folio No. 04-2132-003-1010, Hialeah, zoned R-1 (One-Family District) and RO (Residential
Office). 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., Holland & Knight, LLP, 701 Brickell Avenue, Suite 3300,
Miami, Florida 33131, on behalf of Carribean Cat Corp. & Jodnasi Properties, LLC.
On April 14, 2021, the Planning and Zoning Board recommended approval of the item subject to
solving parking issues as will be recommended by corridor analysis that is underway.
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Planner’s Recommendation: Table the item.
Owners of the Property: Caribbean Cat Corp. & Jodnasi Properties, LLC
PZ 6. First reading of proposed ordinance rezoning from R-1 (One-Family District) to R-2 (One-and-Two-
Family Residential District); granting a variance permit to allow the construction of two attached
duplexes, one duplex on each substandard lot; and allow the replatting of the property into two
substandard lots having a frontage of 40 feet and total lot area of 5,400 square feet, where 75 feet
frontage and 7,500 square feet are required; allow interior lot 0 feet west side setback, where 7.5 feet is
the minimum required; on corner lot allow 0 feet east side setback, where 7.5 feet are required; and
allow 13 feet street side setback, where 15 feet are required, all contra to Hialeah Code of Ordinance §§
98-544 and 98-546. Property located at 302 East 11th 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: Juan Jose Leon, 14031 Leaning Pine Drive, Miami Lakes, Florida 33014, on
behalf of Pedro Acebo, 302 East 11th Street.
On April 14, 2021, the Planning and Zoning Board recommended approval of the item.
Planner’s Recommendation: Approval.
Owners of the Property: Angel Melians and Noema Melians, 302 East 11th Street, Hialeah, Florida,
33010
15. LAND USE
LU 1. Proposed resolution expressing its intent to adopt the City of Hialeah 20-Year Water Supply Facilities
Work Plan update (2020-2040) and related text amendments to the Potable Water Element,
Conservation Element, Intergovernmental Coordination Element and Capital Improvement Element of
the Hialeah, Fla., Comprehensive Plan (2015-2025); and providing for an effective date.
On April 13, 2021, the item was tabled until April 27, 2021, per the administration’s request.
On March 10, 2021, the Planning and Zoning Board recommended approval of the item.
NEXT CITY COUNCIL MEETING: Tuesday, May 11, 2021 at 7:00 p.m.
NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, May 25, 2021 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.
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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
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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).
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