City Council

Carlos Hernández Council Members 7 Mayor Katharine Cue-Fuente OMB 0 Oscar De la Rosa Jesus Tundidor Jacqueline Garcia-Roves President Paul B. Hernandez Carl Zogby Monica Perez Vice President City Council Meeting Minutes October 26, 2021 7:00 p.m. ____________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:11 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 Member Cue-Fuente 3. Council Member Hernandez 4. Council Member De la Rosa 5. Council Member Garcia-Roves 6. Council Member Zogby B. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Members absent: 1. Council Vice President Perez C. REPORT: 1. Mayor Carlos Hernandez was present 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. 5/11/2022 3:26 PM  4. PLEDGE OF ALLEGIANCE A. REPORT: Council Member Garcia-Roves led the Pledge of Allegiance. 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. 5/11/2022 3:26 PM  6. PRESENTATIONS  Council President Tundidor presented a recognition award on behalf of the City, Mayor and City Council to Council Member Cue-Fuente and Council Member Hernandez for their years of service in the City.  Council President Tundidor presented the key to the City of Hialeah to Mayor Carlos Hernandez in recognition of the time he has served the City of Hialeah as a police officer and elected official.  Mayor Hernandez presented an award recognizing Annette Quintana, Grants and Human Services Director for her years of service to the City of Hialeah as a police officer and department head.  PAINTING PRESENTATION TO MAYOR 7. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive any email message to be read into the record from a person 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 present in the Council Chambers expressed interest in speaking during this portion of the meeting: • (1) Eric Johnson, Local 1102, spoke regarding Council Member Cue-Fuente, Council Member Hernandez and Mayor Hernandez time as elected officials and acknowledged City wide departments. • (2) Frank De la Paz, 9361 Bird Rd, thanked the Mayor and the City Council for their years of service to the City. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA • Consent Items T, U,V, and W have been added to the agenda and a copy has been placed on the dais for the City Council’s review. • Item 13A has been added to the agenda for discussion and a copy has been placed on the dais for the City Council’s review. • Administrative Items 10 E and 10 F are postponed until further notice. 5/11/2022 3:26 PM  • Consent Item R is withdrawn from today’s 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 October 12, 2021. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Vice President Perez absent. B. Request permission to waive competitive bidding, since it is advantageous to the City in that the Miami Herald is a newspaper of general circulation in the City of Hialeah as required by law, and issue a purchase order to the Miami Herald, for the cost of legal and classified advertisements for fiscal year 2022, in a total cumulative amount not to exceed $95,000.00. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Vice President Perez absent. C. Request permission to renew Hialeah Bid No. 2018/19-2000-12-017 - Medical Supplies, issued to the following vendors: Quadmed, Inc., Bound Tree Medical, LLC, Henry Schein, Inc., and Medline Industries, LP, for a period of one (1) year beginning on October 1, 2021 and ending on September 30, 2022, in a total cumulative amount not to exceed $160,000. On November 12, 2019 (Item Z) the City Council awarded this bid to these four (4) vendors for a period of twelve (12) months with an option to renew for two (2) consecutive one-year terms. (FIRE DEPARTMENT) APPROVED 6-0-1 with Council Vice President Perez absent. D. Request permission to utilize the Department of Management Services Contract No. 43220000-NASPO- 19-ACS - Data Communications Products and Services, effective through September 30, 2024, and issue a purchase order to Acordis International Corp., for the replacement of the WiFi System at Milander Center, in a total cumulative amount not to exceed $38,861.00. (INFORMATION TECHNOLOGY DEPARTEMNT) APPROVED 6-0-1 with Council Vice President Perez absent. E. Request permission to waive competitive bidding, since it is advantageous to the City in that the vendor has agreed to keep the same cost of service for fiscal year 2022, and issue a purchase order to VisualScape, Inc., for landscape services of the Hialeah Garden of the Arts, including ground maintenance, trimming of shrubs and ground covers, trimming of trees and palms, horticultural program - pest control and fertilization, and irrigation system wet check, in a total cumulative amount not to exceed $60,000.00. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 6-0-1 with Council Vice President Perez absent. 5/11/2022 3:26 PM F. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor has agreed to maintain the same prices from fiscal year 2021, and issue a purchase order to Super Landscape & Maintenance, Inc., for ground maintenance services to various Citywide parks, in a total cumulative amount not to exceed $418,555.00. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 6-0-1 with Council Vice President Perez absent. G. Request from Rincon de San Lazaro Church, located at 1190 East 4th Avenue, Hialeah, Florida, for permission to host a vigil from Thursday, December 16, 2021 at 9:00 a.m. through Friday, December 17, 2021, ending at 11:59 p.m., in the parking lot of the church, in accordance with recommendations from the Police Department and Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Vice President Perez absent. H. Request permission to issue a purchase order to GRM Information Management Services of Miami, LLC, vendor currently under contract with the City until July 17, 2023, for off-premise storage of City records, in a total cumulative amount not to exceed $26,900.00 for fiscal year 2022. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Vice President Perez absent. I. Request permission to utilize Sourcewell Contract No. 022217-SYS – Electronic Fuel Management Systems, effective through June 1, 2022, and issue a purchase order to Synovia Solutions, LLC, to lease twenty-eight (28) GPS powered fleet tracking software, in a total cumulative amount not to exceed $8,658.72. (POLICE DEPARTMENT) TABLED UNTIL NOVEMBER 9, 2021 6-0-1 with Council Vice President Perez absent. REPORT: Chief Sergio Velazquez, City of Hialeah Police Chief, addressed the City Council on this item. REPORT: Motion to Table the Consent Item I until November 9, 2021 made by Council Member Cue-Fuente, and seconded by Council Member Hernandez. Motion passes 6-0-1 with Council Vice President Perez absent. J. Request permission to waive competitive bidding, since it is advantageous to the City in that the vendor is the only vendor that works with steal trap, and issue a purchase order to the Savage Range Systems, Inc., to upgrade to the City of Hialeah Police Department’s Shooting Range located in the training facility, to incorporate advanced technology, in a total cumulative amount not to exceed $248,020.00. (POLICE DEPARTMENT) POSTPONED UNTIL NOVEMBER 9, 2021. REPORT: Motion to reconsider Consent Item J after the approval made by Council Member De la Rosa and seconded by Council Member Garcia Roves. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente absent. REPORT: Motion to table Consent Item J made by Council Member De la Rosa and seconded by 5/11/2022 3:26 PM  Council Member Hernandez. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente absent. K. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor has been awarded Hialeah Bid No. 2020-21-8500-36-024 – Access Control Keri Systems Installation and Maintenance, as well as Hialeah Bid No. 2020-21-8500-00-004 – Burglar Alarm Monitoring Service and the vendor complies with CJIS Security policy and hold a level 1 certificate, and issue a purchase order VCS Tech Systems, LLC for the installation, programming of the access control, and directional boring of a surveillance system needed to secure the shoot house and the Fleet Department, in a total cumulative amount not to exceed $160,721.00. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Vice President Perez absent. L. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to the Mystic Gardens LLC, vendor providing the lowest quotation, for repair and maintenance to the Police Department K9 Training Facility, including the service of removal of weeds and the repair of potholes, in a total cumulative amount not to exceed $15,500.00. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Vice President Perez absent. M. Request permission to issue a purchase order to West Publishing Corporation, sole source provider for the features and capabilities of CLEAR, for the purchase of a one (1) year subscription to CLEAR for Law Enforcement Plus & CLEAR Government Arrest Gateway Pro Add-on, in a total cumulative amount not to exceed $17,199.00. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Vice President Perez absent. N. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to the Mystic Gardens LLC, for the removal of a gumbo limbo tree, as well as for the grinding of the stump of the tree, and the lifting of the canopy of the remaining trees within the parking lot, in a total cumulative amount not to exceed $2,400.00. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Vice President Perez absent. O. Request permission to issue a purchase order to Carey’s Heating and Air Conditioning, Inc., sole source provider for the design, programming and assembly of the control system, for the purchase of a complete recirculation style ventilation system, to include the design, installation, start-up and control of the firing range, in a total cumulative amount not to exceed $330,000.00. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Vice President Perez absent. P. Pursuant to Section 2.01 of the City’s Charter, Mayor Hernandez appoints David Fernandez, subject to civil service rules and regulations, to the position of as Department Head of the Special Events Department. 5/11/2022 3:26 PM  (MAYOR HERNANDEZ) APPROVED 6-0-1 with Council Vice President Perez absent. RESOLUTION NO. 2021-145 Q. Pursuant to Section 2.01 of the City’s Charter, Mayor Hernandez appoints Caridad Bernal, subject to civil service rules and regulations, to the position of Department Head of the Media and Public Relations Department. (MAYOR HERNANDEZ) APPROVED 6-0-1 with Council Vice President Perez absent. RESOLUTION NO. 2021-146 R. Proposed resolution approving a specific appropriation pursuant to Hialeah, Fla. Charter Section 3.08(d) in the amount of $31,124.17 from the General Fund General Government Account No. 001.8500.519240 to Human Resources Account No. 001.4100.513310 to fund additional professional services attached as Exhibit A; and providing for an effective date. (HUMAN RESOURCES DEPARTMENT) (FINANCE) WITHDRAWN S. Proposed resolution creating a department budget for the new Media and Public Relations Department as provided for in the proposed line-item budget attached as “Exhibit A” by approving a specific appropriation, pursuant to Hialeah, Fla., Charter Section 3.08(d), in the amount of $421,181.00 from the General Fund Budget; and providing an effective date. (OFFICE OF MANAGEMENT AND BUDGET) TABLED UNTIL NOVEMBER 9, 2021 6-0-1 with Council Vice President Perez absent. REPORT: Motion to Table the Consent Item S until November 9, 2021 made by Council Member De la Rosa, and seconded by Council Member Hernandez. Motion passes 6-0-1 with Council Vice President Perez absent. T. Proposed resolution authorizing the donation of Police Canine “Kira” and authorizing the Mayor to execute the agreement attached as Exhibit “A”; providing for implementation; providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Vice President Perez absent. RESOLUTION NO. 2021-147 U. Request from Insomniac, located at 4800 Northwest 37th Avenue, for a permit to host a music concert, at 4800 Northwest 37th Avenue, with set up taking place on Thursday, October 28, 2021, and the event beginning on Friday, October 29, 2021 at 4:00 p.m. through Sunday, October 31, 2021 at 3:00 a.m., and take down from Monday, November 1, 2021 through Tuesday, November 2, 2021, in accordance with the recommendations of the Building Department, Fire Department, Police Department, and Streets Department. (OFFICE OF THE CITY CLERK) 5/11/2022 3:26 PM  APPROVED 6-0-1 with Council Vice President Perez absent. V. Request from Special Events Food & Liquor Services, located at 11928 SW 79th Terrace, Miami, Florida 33183, for a permit to host a music concert, at Westland Mall located at 1675 West 49th Street, Hialeah Florida, with set up taking place on Thursday, October 28, 2021, and the event beginning on Friday, October 29, 2021 at 4:00 p.m. through Sunday, October 31, 2021 at 3:00 a.m., and take down on Monday, November 1, 2021 through Tuesday, November 2, 2021, in accordance with the recommendations of the Building Department, Fire Department, Police Department, and Streets Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Vice President Perez absent. W. Request permission to waive competitive bidding, since it is advantageous to the City in that the Miami Herald is a newspaper of general circulation in the City of Hialeah as required by state law, and increase Purchase Order No. 2021-876, issued to the Miami Herald, for the cost of legal and classified advertisements for fiscal year 2021, by an additional amount of $5,572.69, to pay for the cost of the invoice for all advertisements published during the month of September, for a total cumulative expense amount not to exceed $149,437.50. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Vice President Perez absent. 10. ADMINISTRATIVE ITEMS 10 A. Second reading and public hearing of proposed ordinance amending its Comprehensive Plan to incorporate a new element, the Property Rights Element, Objective 1.1, Policy 1.1.1 through 1.1.4, as provided in Exhibit “A”; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. (ZONING) APPROVED 6-0-1 with Council Vice President Perez absent. ORDINANCE NO. 2021-120 REPORT: Motion to Approve Item 10 A made by Council Member Zogby, and seconded by Council Member Cue-Fuente. Motion passes 6-0-1 with Council Vice President Perez absent. On October 12, 2021, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 26, 2021. 10 B. Second reading and public hearing of proposed ordinance amending Chapter 2 entitled “Administration”, Article II. - entitled “Departments, Offices and Divisions”, of the Code of Ordinances of the City of Hialeah by eliminating Division 11 Community Development Department and elevating the Divisions of Building, Planning and Zoning, and Business Tax to department status as Division 11, 21 and 22, respectively; retaining Code Compliance as a Division of Building; providing for a new Division 23, to create a new department entitled “Special Events Department” with attendant duties and responsibilities; providing for a new Division 24, to create a new department entitled “Media and Public Relations 5/11/2022 3:26 PM  Department” with attendant duties; repealing all ordinances or parts of ordinances in conflict herewith; providing for inclusion in the code; providing for severability; providing for an effective date. (ADMINISTRATION) TABLED UNTIL NOVEMBER 9, 2021. REPORT: Jose Azze, with a home address of 788 Southeast Park Drive, addressed the City Council requesting to table this item. REPORT: Motion to Table Item 10 B until November 9, 2021 made by Council Member De la Rosa, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Vice President Perez absent. On October 12, 2021, the City Council approved the item as amended on first reading. Second reading and public hearing is scheduled for October 26, 2021. 10 C. Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 86, entitled “Taxation and Fees”, to clarify the local business tax application requirements; Article II Local Business Tax, § 86-26 entitled “Definitions”, § 86-37 “False Statements”; § 86-40 “Exemptions” § 86-42 “Determination of Classification of a Business”; § 86-44 “Expiration Date of Business Tax Receipt”; Delinquency”; § 86-45 “Business Tax Receipt for Fractional Part of Year”; § 86-46 “Transfer of Location, Ownership or Change of Name, Except When Prohibited”; § 86-53 “Denial of Business Tax Receipt”. 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; providing for an effective date. (ADMINISTRATION) APPROVED 6-0-1 with Council Vice President Perez absent. ORDINANCE NO. 2021-121 REPORT: Frank De la Paz, with a home address of 9361 Bird Road, addressed the City Council in opposition the approval of this item. REPORT: Lorena Bravo, City Attorney, addressed the City Council. REPORT: Yesenia Gruich, Occupational License Official, addressed the City Council. REPORT: Motion to Approve Item 10 C made by Council Member Cue-Fuente, and seconded by Council Member Garcia-Roves. Motion passes 6-0-1 with Council Vice President Perez absent. On October 12, 2021, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 26, 2021. 10 D. Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 18 entitled “Businesses” replacing Occupational License and Licensing Department references with Business Tax Receipt and Business Tax Department and to provide for new standards for business establishments and to conform to Florida law; Article II Carnivals, Shows and Exhibits, specifically amending § 18-29 “Permit; Operating Standards”; Article III Amusement Machines; § 18-61 5/11/2022 3:26 PM  “Definitions”; § 18-65 “Business Tax Receipts and Amusement Machine Decals”; § 18-66 “Type II Amusement Machines, Limitations”; § 18-70 “Seizure of Machines”; § 18-71 “Hours of Operation in industrial-zoned properties”; Article V establishments offering alcoholic beverages and/or entertainment; Division 1 Generally; § 18-206 “Definitions”; Division 2 “License”; § 18-236 “Required”; § 18-237 State Alcoholic Beverage License Required; § 18-239 “Denial”; § 18-240 “Revocation”; § 18-241 “Closing and Sealing of Establishments”; Article VI “Peddlers, Solicitors, Itinerant Vendors”; Division 2 Peddlers, Itinerant Vendors; § 18-305 “State Sales Tax Identification Number and Display of City Identification Required”; § 18-307 “Application”; § 18-309 “Sale of Fireworks from Tents”; § 18-310 “Direct Sales”; Article VII “Precious Metal Dealers”; Division 2 License; § 18-401 “Information Required”; Article VIII “Secondhand Goods Dealers”; Division 2 License; § 18-461 “Information Required”; Article X Race Prediction Publications; Division 2 License; § 18-583 “Issuance; Tax”; Article XI Used Tire Dealers; § 18-612 “Registration of Business”. 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) APPROVED 6-0-1 with Council Vice President Perez absent. ORDINANCE NO. 2021-122 REPORT: Motion to Approve Item 10 D made by Council Member Cue-Fuente, and seconded by Council Member Garcia-Roves. Motion passes 6-0-1 with Council Vice President Perez absent. On October 12, 2021, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 26, 2021. 10 E. First reading of proposed ordinance amending Chapter 98 entitled “Zoning”, Article VI. “Supplementary District Regulations”, Division 10. “Parking”, Section 98-2200 entitled “Parking Commercial Vehicles, Recreational Vehicles, Boats or Vessels on Property Zoned Residential” of the Code of Ordinances of the City of Hialeah and in particular, revising Section 98-2200 to conform to the recent enactment of Florida Statutes 559.955 permitting home-based businesses and limiting local restrictions to prohibit the parking, placement, storage or maintenance of industrial machinery or heavy equipment or vehicles; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; providing penalties for violation hereof; providing for inclusion in the code; and providing for an effective date. (ADMINISTRATION) POSTPONED On September 28,2021, the item was postponed. First reading was scheduled for October 26, 2021. 10 F. First reading of proposed ordinance amending Chapter 98 entitled “Zoning”, Article VI. “Supplementary District Regulations”, Division 5. “Uses”, Subdivision XI “Home Offices” of the Code of Ordinances of the City of Hialeah, and in particular, revising Section 98-2030 entitled “Home Offices”, to conform to the recent enactment of Florida Statutes 559.955 permitting home-based businesses and limiting local restrictions; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; providing penalties for violation hereof; providing for inclusion in the code; and providing for an effective date. (ADMINISTRATION) 5/11/2022 3:26 PM  POSTPONED On September 28,2021, the item was postponed. First reading was scheduled for October 26, 2021. 10 G. Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 90, entitled “Vehicle for Hire”, Article III - Wrecker Service, § 90-178 adding minimum service requirements for City-Initiated Towing Services; eliminating the requirement that the business operations of a wrecker company be located within the City and expanding the business location to within five miles of the City limits; eliminating the requirement that employees operating wreckers have at least three years experience; eliminating storage charges when a vehicle is on hold at a police impound facility for evidence as an instrumentality of a crime with the Police Department; repealing all ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in the code; and providing for an effective date. (POLICE DEPARTMENT) POSTPONED UNTIL NOVEMBER 9, 2021. On August 10, 2021, the item was postponed until further notice. On July 13, 2021, the item was postponed until August 10, 2021. Second reading and public hearing was scheduled for August 10, 2021. On June 22, 2021, the City Council approved the item on first reading. Second reading and public hearing was scheduled for July 13, 2021. REPORT: Council Member Cue-Fuente left the meeting at approximately 8:18 p.m. 10 H. First reading of proposed ordinance amending Ordinance 2021-059 (June 22, 2021) extending the imposition date for Park, Recreation, and Open Space, Police and Transportation Impact Fees to February 1, 2022, codified at Hialeah, Fla. Code §§98-2530, 98-2551, 98-2571 and 98-2581 to make dates consistent with the imposition date for Fire Rescue Impact Fees repealing all ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in the code; and providing for an effective date. (ADMINISTRATION) APPROVED 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Motion to Approve Item 10 H made by Council Member Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. 10 I. First reading of proposed ordinance adopting the City of Hialeah 20-year Water Supply Facilities Work Plan update (2020-2040), attached as Exhibit “1”, 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), attached as Exhibit “2”. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. (ZONING) 5/11/2022 3:26 PM  APPROVED 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Motion to Approve Item 10 I made by Council Member Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. 10 J. First reading of proposed ordinance amending Hialeah, Fla. Ordinance 2020-051 (September 28, 2020) adopting the Operating Budget for fiscal year 2020-2021 to approve and ratify an increase to the budget in the amount of $1,343,356; to approve and ratify the transfer of all unencumbered appropriation balances, supplemental appropriations, and expenditures of same, for a new year-end operating budget in the total amount of $162,802,793; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET) TABLED UNTIL NOVEMBER 9, 2021. REPORT: Ines Beecher, Director of the City’s Office of Management and Budget, spoke on this item. REPORT: Motion to Table the Administrative Item 10 J until November 9, 2021 made by Council Member De la Rosa, and seconded by Council Member Hernandez. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. 10 K. First reading of proposed ordinance amending Hialeah, Fla. Ordinance 2020-2021 (September 28, 2020) adopting the Public Works Funds Budget for fiscal year 2020-2021 to approve and ratify a reduction in the budget in the amount of $6,868,762 and to approve and ratify all transfers of unencumbered appropriation balances within an office or department or from one office or department to another for a new year-end public works funds budget in the total amount of $111,147,306; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET) APPROVED 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Motion to Approve Item 10 K made by Council Member De la Rosa, and seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. 10 L. First reading of proposed ordinance amending Hialeah, Fla. Ordinance 2020-053 (September 28, 2020) adopting the Street Transportation Funds Budget for fiscal year 2020-2021 to approve and ratify a reduction in the budget in the amount of $891,025; to approve and ratify the transfer of all unencumbered 5/11/2022 3:26 PM  appropriation balances, supplemental appropriations, and expenditures of same for a new year-end street transportation funds budget in the total amount of $4,389,389; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET) APPROVED 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Motion to Approve Item 10 L made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. 10 M. First reading of proposed ordinance amending Hialeah, Fla. Ordinance 2020-054 (September 28, 2020) adopting the Stormwater Fund Budget For fiscal year 2020-2021 to approve and ratify an increase in the amount of $13,157 and to approve and ratify all transfers of unencumbered appropriation balances within an office or department or from one office or department to another for a new year-end stormwater fund budget in the total amount of $3,613,157; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET). APPROVED 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Motion to Approve Item 10 M made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. 10 N. First reading of proposed ordinance amending Hialeah, Fla. Ordinance 2020-055 (September 28, 2020) adopting the Special Revenue Funds Budget for fiscal year 2020-2021 to approve and ratify supplemental appropriations in the amount of $9,689,684 and to approve and ratify all transfers of unencumbered appropriation balances within an office or department or from one office or department to another for a new year-end special revenues fund in the total amount of $40,969,824; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET). APPROVED 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Ines Beecher, Director of the City’s Office of Management and Budget, spoke on this item. REPORT: Motion to Approve Item 10 N made by Council Member De la Rosa, and seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. 5/11/2022 3:26 PM  REPORT: Second reading and public hearing is scheduled for November 9, 2021. 10 O. First reading of proposed ordinance amending Hialeah, Fla. Ordinance 2020-056 (September 28, 2020) adopting the Capital Projects Funds Budget for fiscal year 2020-2021 to approve and ratify supplemental appropriations in the amount of $6,034,003 and to approve and ratify all transfers of unencumbered appropriation balances within an office or department or from one office or department to another for a new year-end special revenues fund in the total amount of $4,913,679; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET). APPROVED 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Motion to Approve Item 10 H made by Council Member De la Rosa, and seconded by Council Member Garcia-Roves. Motion passes 5-0-2 with Council Vice President Perez and Council Member Cue-Fuente away absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. 11. BOARD APPOINTMENTS REPORT: None. 12. UNFINISHED BUSINESS REPORT: None. 13. NEW BUSINESS 13 A. ITEM FOR DISCUSSION - Proposed resolution providing for cooperation and coordination between the Mayor and City Council regarding Councilmembers; and providing for an effective date. POSTPONED UNTIL NOVEMBER 9, 2021. REPORT: Council Member Hernandez thanked Council Member De la Rosa for his friendship throughout the years, his father and wife for their support through his career and his assistant Jorge Adan for his service. REPORT: Council Member De la Rosa left the meeting at a approximately 8:52 p.m. 14. ZONING PLANNING AND ZONING 5/11/2022 3:26 PM PZ 1. First reading of proposed ordinance rezoning from R-1 (One-Family District) and R-2 (One-and Two-Family Residential District) to TOD (Transit Oriented Development District). Properties located at 932, 942, and 952 East 26 Street, Hialeah, zoned R-1 (One-Family District) and R-2 (One-and Two-Family Residential District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. Registered Lobbyist: Jorge L. Navarro, Esq., 333 SE 2 Avenue, 44 Floor, Miami, Florida 33131 on behalf of Metro Parc Hialeah, LLC. On October 13, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Yudixtviana Leyva, 942 East 26 Street, Hialeah, FL 33013, Aracely Gonzalez, 952 East 26th Street, Hialeah, Florida 33013 and Margarita Gonzalez, 932 East 26th Street, Hialeah, Florida 33013. REPORT: Motion to Approve Item PZ 1 made by Council Member Garcia-Roves, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. PZ 2. First reading of proposed ordinance rezoning from R-1 (One-Family District) to P (Parking District). Property located at 41 East 42 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 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. Registered Lobbyist: Melissa Tapanes Llahues, 200 S Biscayne Boulevard, Suite 300, Miami, Florida 33131 on behalf of 4201 Palm Avenue II, LLC. On October 13, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: 4201 Palm Avenue II, LLC., 4201 Palm Avenue and 41 East 42 Street, Hialeah, Florida 33012. REPORT: Motion to Approve Item PZ 2 made by Council Member Zogby, and seconded by 5/11/2022 3:26 PM  Council Member Garcia-Roves. Motion passes 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. PZ 3. 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 rear setback of 15.22 feet, where 25 feet are required for the legalization of improvements and conversion of an existing accessory building into a second unit for the proposed duplex; allow 24.6 feet rear yard depth from the rear side of the main house to the front of an existing accessory building proposed as a second unit, where 25 feet are required. All contra to Hialeah Code of Ordinances Section 98-547. Property located at 495 East 45 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 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. On October 13, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Sandra Benitez, 495 East 45th Street, Hialeah, Florida 33013. REPORT: Motion to Approve Item PZ 3 made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. 15. LAND USE LU 1. First reading of proposed ordinance amending the future land use map from Low Density Residential to Medium Density Residential. Property located at 782 East 37 Street, Hialeah, Florida, 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 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of New Land Opportunities Inc. 5/11/2022 3:26 PM  On October 13, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: New Land Opportunities Inc., 782 East 37th Street, Hialeah, Florida 33010. REPORT: Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. LU 2. First reading of proposed ordinance of the Mayor and the City Council of the City of Hialeah, Florida, amending the future land use map from major institutions to medium density residential. Property located at 7450 West 4 Avenue, Hialeah, Florida, 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 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. Registered Lobbyists: Hugo P. Arza, Esq. and Alejandro J. Arias, Esq., Holland & Knight, LLP, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 on behalf of Prestige Builders Construction Management, LLC. On October 13, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval with the condition that transportation data will be submitted with enough time to be reviewed by the City consultant and the understanding that the item will be tabled if this condition is not met. Property Owner: The Salvation Army, 7450 West 4th Avenue, Hialeah, Florida 33014. REPORT: Motion to Approve Item LU 2 made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. LU 3. First reading of proposed ordinance of the Mayor and the City Council of the City of Hialeah, Florida, amending the future land use map from low density residential to transit oriented development district. Property located at 932, 942, and 952 East 26 Street, Hialeah, Florida, zoned R-1 (One-Family District); Repealing all ordinances or parts of ordinances in conflict 5/11/2022 3:26 PM  herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. Registered Lobbyist: Jorge L. Navarro, Esq., and Carlos L. Diaz, Esq., 333 SE 2 Avenue, 44 Floor, Miami, Florida 33131 on behalf of Metro Parc Hialeah, LLC. On October 13, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Yudixtviana Leyva, 942 East 26 Street, Hialeah, FL 33013, Aracely Gonzalez, 952 East 26th Street, Hialeah, Florida 33013 and Margarita Gonzalez, 932 East 26th Street, Hialeah, Florida 33013. REPORT: Motion to Approve Item LU 3 made by Council Member Hernandez, and seconded by Council Member Zogby. Motion passes4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. LU 4. First reading of proposed ordinance of the Mayor and the City Council of the City of Hialeah, Florida, amending the future land use map from medium density residential to high density residential. Property located at 61, 63, 75 and 77 West 31 Street, Hialeah, Florida, zoned R-3 (Multiple-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 4-0-3 with Council Vice President Perez, Council Member Cue-Fuente and Council Member De la Rosa absent. On October 13, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Juan V. Pules and Dania M. Pulles, 8242 NW 164th Street, Miami Lakes, Florida 33016. REPORT: Debora Storch, City’s Planning Official, addressed the City Council on this item. REPORT: Motion to Approve Item LU 4 made by Council Member Zogby, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Vice President Perez, 5/11/2022 3:26 PM  Council Member Cue-Fuente and Council Member De la Rosa absent. REPORT: Second reading and public hearing is scheduled for November 9, 2021. REPORT: Council President Tundidor adjourned the meeting at 9:03 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, December 14, 2021 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, November 9, 2021 at 7:00 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 883- 5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of 8:30 a.m. and 5:00 p.m. Persons wishing to appeal any decision made by the City Council, with respect to any matter considered at the meeting, will need a record of the proceedings and, for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. An ordinance or resolution shall become effective when passed by the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor’s signature is withheld or if the City Council overrides the Mayor’s veto. If the Mayor’s veto is sustained, the affected ordinance or resolution does not become law and is deemed null and void. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 883-5820 for assistance no later than two (2) days prior to the proceeding; if hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955-8773 (Spanish) or (800) 955-8770 (Voice). 5/11/2022 3:26 PM