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City Council

Regular Meeting

Hialeah, FL · September 29, 2021

AgendaMinutes

Minutes

Carlos Hernández Council Members Mayor Katharine Cue-Fuente Oscar De la Rosa Jesus Tundidor Jacqueline Garcia-Roves Council President Paul B. Hernandez Carl Zogby Monica Perez Council Vice President City Council Budget Meeting Minutes September 29, 2021 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:13 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with the following Council Members present: 1. Council President Tundidor 2. Council Vice President Perez 3. Council Member Cue-Fuente (arrived at 7:18 p.m. during Comments and Questions) 4. Council Member Garcia-Roves 5. Council Member Zogby B. REPORT: Marbelys Fatjo, City Clerk, called the roll with the following Council Members absent: 1. Council Member De la Rosa 2. Council Member Hernandez 3. INVOCATION A. REPORT: Mayor Hernandez led the invocation. 4. PLEDGE OF ALLEGIANCE A. REPORT: Council President Tundidor led the Pledge of Allegiance. City Council Budget Meeting Minutes September 29, 2021 5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK.  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, 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.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s Facebook page (@CityofHialeah).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform 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. REPORT: Marbelys Fatjo, City Clerk, read the meeting guidelines into the record. 6. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive an email message to be read into the record 2 City Council Budget Meeting Minutes September 29, 2021 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 participating 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: The following individual present in the Council Chambers expressed interest in speaking during this portion of the meeting: (1) Eric Johnson, Local 1102, spoke regarding the Mayor, the Budget Committee and the proposed budget. 7. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. REPORT: None. 8. AGENDA A. Second reading and public hearing of proposed ordinance accepting for budget purposes the Miami-Dade County assessment roll; establishing a tax millage rate of 6.3018 mills for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022, which is an increase of 8.19% over the roll back rate of 5.8246; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-102 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8A made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. 3 City Council Budget Meeting Minutes September 29, 2021 B. Second reading and public hearing of proposed ordinance approving and adopting the General Fund budget for the City of Hialeah, Florida for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-103 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8B made by Council Member Cue- Fuente, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. C. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Public Works Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; approving water and sewer rate increases, as provided for herein, to maintain proper ratios of operating revenues and operating expenses as required by outstanding loan agreements; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-104 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8C made by Council Member Cue- Fuente, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. D. Second reading and public hearing of proposed ordinance approving and adopting the annual Consumer Price Index (CPI) adjustment of water and sewer rates pursuant to Hialeah Code § 94-153(c), in the amount of 5.0% designated “Consumer Price Index for All Urban Consumers (CPI)” as issued by the Bureau of Labor Statistics; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. 4 City Council Budget Meeting Minutes September 29, 2021 APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-105 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Armando Vidal, Director of the City’s Department of Public Works, 3700 West 4th Avenue, addressed the City Council. REPORT: Motion to Approve Item 8D made by Council Member Cue- Fuente, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. E. Second reading and public hearing of proposed ordinance approving and adopting the annual Consumer Price Index (CPI) adjustment for solid waste and recyclables service collection rates pursuant to Hialeah Code § 78-127(b), in the amount of 3.75% designated “Consumer Price Index for All Urban Consumers (CPI)” as issued by the Bureau of Labor Statistics; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-106 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8E made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. F. Second reading and public hearing of proposed ordinance reducing the current rate on all sales of wastewater service and all sales of water service within the City as payment in lieu of franchise fee pursuant to Hialeah, Fla. Code § 94-163 for fiscal year 2022, from 7.5% to 4% beginning on October 1, 2021; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-107 5 City Council Budget Meeting Minutes September 29, 2021 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8F made by Council Member Cue-Fuente, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. G. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Streets Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-108 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8G made by Council Member Cue-Fuente, and seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. H. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Stormwater Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-109 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8H made by Council Member Cue-Fuente, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. I. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Special Revenue Fund of the City of Hialeah, Florida, for fiscal year 2022, 6 City Council Budget Meeting Minutes September 29, 2021 commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-110 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8I made by Council Member Cue-Fuente, and seconded by Council Vice President Perez Perez. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. J. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Capital Projects Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-111 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Eric Johnson, Local 1102, addressed the City Council. REPORT: Mayor Hernandez spoke on this item. REPORT: Ines Beecher, Director of the City’s Office of Management and Budget, spoke on this item. REPORT: Lorena Bravo, City Attorney, spoke on this item. REPORT: Armando Vidal, Director of the City’s Department of Public Works, addressed the City Council. REPORT: Motion to Approve Item 8J made by Council Member Cue- Fuente, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. 7 City Council Budget Meeting Minutes September 29, 2021 K. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Debt Service Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. ORDINANCE NO. 2021-112 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item 8K made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 5-0-2 with Council Member De la Rosa and Council Member Hernandez absent. REPORT: Council President Tundidor adjourned the meeting at 7:41 p.m. NEXT CITY COUNCIL MEETING: Tuesday, October 12, 2021 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, December 14, 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) 8 City Council Budget Meeting Minutes September 29, 2021 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). 9

Agenda

Carlos Hernández Council Members Mayor Katharine Cue-Fuente Oscar De la Rosa Jesus Tundidor Jacqueline Garcia-Roves Council President Paul B. Hernandez Carl Zogby Monica Perez Council Vice President City Council Budget Meeting Agenda September 29, 2021 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION  The invocation is to be led by Marbelys Fatjo, City Clerk 4. PLEDGE OF ALLEGIANCE  The pledge of allegiance is to be led by Council President Tundidor. 5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK.  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber. City Council Budget Meeting Agenda September 29, 2021  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, 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.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s Facebook page (@CityofHialeah).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform 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. 6. COMMENTS AND QUESTIONS 7. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA 8. AGENDA A. Second reading and public hearing of proposed ordinance accepting for budget purposes the Miami-Dade County assessment roll; establishing a tax millage rate of 6.3018 mills for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022, which is an increase of 8.19% over the roll back rate of 5.8246; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. B. Second reading and public hearing of proposed ordinance approving and adopting the General Fund budget for the City of Hialeah, Florida for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. 2 City Council Budget Meeting Agenda September 29, 2021 C. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Public Works Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; approving water and sewer rate increases, as provided for herein, to maintain proper ratios of operating revenues and operating expenses as required by outstanding loan agreements; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. D. Second reading and public hearing of proposed ordinance approving and adopting the annual Consumer Price Index (CPI) adjustment of water and sewer rates pursuant to Hialeah Code § 94-153(c), in the amount of 5.0% designated “Consumer Price Index for All Urban Consumers (CPI)” as issued by the Bureau of Labor Statistics; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. E. Second reading and public hearing of proposed ordinance approving and adopting the annual Consumer Price Index (CPI) adjustment for solid waste and recyclables service collection rates pursuant to Hialeah Code § 78-127(b), in the amount of 3.75% designated “Consumer Price Index for All Urban Consumers (CPI)” as issued by the Bureau of Labor Statistics; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. F. Second reading and public hearing of proposed ordinance reducing the current rate on all sales of wastewater service and all sales of water service within the City as payment in lieu of franchise fee pursuant to Hialeah, Fla. Code § 94-163 for fiscal year 2022, from 7.5% to 4% beginning on October 1, 2021; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. G. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Streets Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. H. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Stormwater Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. I. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Special Revenue Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. 3 City Council Budget Meeting Agenda September 29, 2021 J. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Capital Projects Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. K. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Debt Service Fund of the City of Hialeah, Florida, for fiscal year 2022, commencing on October 1, 2021 and ending on September 30, 2022; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. NEXT CITY COUNCIL MEETING: Tuesday, October 12, 2021 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, December 14, 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

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