City Council

Esteban Bovo, Jr. Council Members SE Mayor Bryan Calvo 7 Vivian Casàls-Muñoz OMBCarl0Zogby Jacqueline Garcia-Roves President Luis Rodriguez Jesus Tundidor Monica Perez Vice President City Council Meeting Minutes October 25, 2022 7:00 p.m. __________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Zogby called the meeting to order at 7:09 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with the following Council Members present: 1. Council President Zogby 2. Council Vice President Perez 3. Council Member Calvo 4. Council Member Casáls-Muñoz (stepped away from the dais during the roll call) 5. Council Member Garcia-Roves 6. Council Member Rodriguez 7. Council Member Tundidor B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Lorena Bravo, City Attorney, was present. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE 11/2/2022 4:33 PM  A. Council Member Rodriguez 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 YouTube page (www.youtube.com/cityofhialeahgov ).  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. PRESENTATIONS REPORT: Juan Carlos Bermudez, Mayor of the City of Doral and Commissioner Elect of 11/2/2022 4:33 PM  Miami-Dade County Board of County Commissioners District 12, addressed the Mayor and members of the City Council. A. Presentation of a Certificate of Appreciation to Mr. Gustavo Orta in recognition of fourteen (14) years of service, from December 11, 2007 through September 27, 2022, to the City of Hialeah as a member of the City’s Cultural Affairs Council. (MAYOR BOVO) PRESENTED REPORT: Council President Zogby called a recess at 7:29 p.m. for Items 6B and 6C, both presentations conducted in the front of City Hall. B. Presentation by (1) Peggy Sapp, President and Chief Executive Officer of Informed Families and Volunteer President of National Family Partnership, (2) Elizabeth Goshtana, Director of Marketing and Communications of National Family Partnership, and (3) Maria Baluja, Senior Nurse with Florida Blue and a member of the Board of Directors of Informed Families regarding the foundation and its efforts. (MAYOR BOVO) REPORT: Peggy Sapp, President and Chief Executive Officer of Informed Families and Volunteer President of National Family Partnership spoke. REPORT: Mayor Bovo presented a proclamation in recognition of Red Ribbon Week, proclamation which was accepted by Maria Baluja. REPORT: Maria Baluja, Senior Nurse with Florida Blue and a member of the Board of Directors of Informed Families spoke. REPORT: William Sanchez, Director of the City of Hialeah Parks and Recreation Department spoke. REPORT: Council Vice President Monica Perez spoke. C. In support of Red Ribbon Week, the Hialeah City Hall illuminates red lighting. (MAYOR BOVO) D. The City of Hialeah recognizes the following employees of the Hialeah Fire Department for their years of service to the City: 1. Paul Abolafia (25 years of services) 2. Dennisse Guillen (30 years of service) 3. Anthony Carnevale (38 years of service) (MAYOR BOVO) (HUMAN RESOURCES DEPARTMENT) PRESENTED 11/2/2022 4:33 PM  REPORT: Council President Zogby moved Item 6D out of order to be presented following Item 6A, without opposition from the rest of the City Council. REPORT: Following the recess, Council Present Zogby called the meeting to order at approximately 7:50 p.m. 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 member of the public participating via Zoom expressed interest in making comments or posing questions on matters of public concern. C. REPORT: One (1) member of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting: 1) Frank De la Paz, 9361 Bird Road, stated that the vending machine located inside the employee lounge on the first floor of City Hall has had an expired Business Tax license and a malfunction with the vending of water bottle(s). 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. Postponed Items:  Item PZ 1 is postponed until the City Council Meeting of November 8, 2022.  Item PZ 2 is postponed until the City Council Meeting of November 8, 2022. B. Add-On Items:  Consent Item II  Consent Item JJ  Consent Item KK  Consent Item LL  Consent Item MM  Consent Item NN  Consent Item OO  Consent Item PP  Consent Item QQ C. Additional Backup:  A Declaration of Restrictions has been added to the backup documentation of Item PZ 4.  A Declaration of Restrictions has been added to the backup documentation of Item PZ 5.  A Declaration of Restrictions has been added to the backup documentation of Item PZ 6. 11/2/2022 4:33 PM  9. CONSENT AGENDA All items listed u n d e r C o n s e n t A g e n d a 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: Council Member Calvo requested that Consent Item PP be removed from the Consent Agenda for separate discussion. REPORT: Motion to Approve the Consent Agenda except Item PP, made by Council Member Rodriguez, and seconded by Council Member Casáls-Muñoz. Motion passes 7-0. A. Request permission to approve the minutes of the City Council Meeting held on October 11, 2022 at 7:00 p.m. APPROVED 7-0 B. Request from Jasun R. Well, on behalf of Lowe’s Home Improvement, for a permit for the sale of Christmas trees, and permission to erect a temporary 40 feet X 80 feet canopy on Tuesday, November 15, 2022 and take down on Monday, December 19, 2022, with sales commencing on Thursday, November 17, 2022 and ending on Saturday, December 17, 2022, at the Lowe’s Home Improvement Store located at 1650 West 37 Street, Hialeah, Florida, subject to compliance with the requirements of the Hialeah Risk Management Department and the Hialeah Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 C. RESOLUTION: Proposed resolution amending Hialeah, Fla. Resolution 2022-086 (June 28, 2022) to correct the subgrant amount awarded to the Hialeah Housing Authority for elderly meals from the State’s Department of Elder Affairs Grant accepted by Hialeah, Fla. Resolution 2022-086 in an amount of $2,154,375.00 and striking Exhibit 2; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2022-128 D. REPORT OF SCRIVENER’S ERROR: On August 11, 2020, Ordinance No. 2020-036 was passed and adopted by the City Council and signed by Mayor Carlos Hernandez on August 25, 2020 thereby granting a special use permit and a variance permit for property located at 340 West 78 Road, Hialeah, Florida. In the title of the ordinance, the reference should have been to allow 76 units and not 71 units, and accordingly should be amended as follows: 11/2/2022 4:33 PM  “Allow 76 units with area of 650 square feet, where area of 850 square feet is the minimum required for 90% of the units.” (LAW DEPARTMENT) APPROVED 7-0 E. Request permission to issue a purchase order to Waste Connections of Florida, Inc., vendor currently under contract with the City for the disposal of solid waste collection including garbage, bulk waste and yard waste citywide, through September 30, 2023, for the disposal of solid waste citywide at a disposal rate of $62.10 per ton for disposal of approximately 90,000 tons, in a total expense amount not to exceed $5,590,000.00. The funding for this expenditure is to be withdrawn from the Solid Waste Division Fund - Utility - Waste Disposal Fees Account No. 401.3240.534.433. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 F. Request permission to issue a purchase order to Waste Connections of Florida, Inc., vendor currently under contract with the City for the disposal of solid waste collection including garbage, bulk waste and yard waste citywide through September 30, 2023, for the disposal of construction - demolition debris citywide, in a total expense amount not to exceed $75,000.00. The funding for this expenditure is to be withdrawn from the Solid Waste Division Fund - Utility - Waste Disposal Fees Account No. 401.3240.534.433. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 G. Request permission to issue a purchase order to Coastal Waste & Recycling, Inc., vendor currently under contract with the City for the collection of recyclable materials through September 30, 2023, for the collection of recyclables citywide, in a total expense amount not to exceed $1,390,000.00. The funding for this expenditure is to be withdrawn from the Solid Waste Division Fund - Recycling Collection Costs Account No. 401.3240.534.435. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 H. Request permission to issue a purchase order to Waste Connections of Florida, Inc., vendor currently under contract with the City for the collection of solid waste collection citywide, through September 30, 2023, for the collection of household garbage, yard and bulk waste citywide, in a total expense amount not to exceed $8,750,000.00. 11/2/2022 4:33 PM  The funding for this expenditure is to be withdrawn from the Solid Waste Division Fund - Garbage Collection Costs Account No. 401.3240.534.434. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 I. Request permission to award City of Hialeah Invitation to Bid No. 2021/22-9500-00-32 – Public Works Utility Bills, to R & C Management, Inc., sole responsive and responsible bidder, and issue a purchase order to the vendor, for the printing of utility bills and envelopes for the Department of Public Works, in a total expense amount not to exceed $120,000.00. The funding for the expenditure in is to be withdrawn from the Water & Sewer Division Fund - Printing & Binding Account No. 450.9500.536.470 (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 J. Request permission to ratify the Mayor’s decision to authorize the Department of Public Works to utilize US South Underground Utility & Paving, Inc., for an emergency sewer repair and road restoration completed at West 2nd Court and West 72nd Street, and further request permission to issue a purchase order to this vendor for $32,500.00. The funding for the expenditure in is to be withdrawn from the Water and Sewer Division Fund – Repair and Maintenance - Infrastructure Account No. 450.9510.533.467. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 K. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor has been servicing the City for the past thirteen (13) years and has been responsive, and enter into a Service Agreement for a period of one (1) year with Jorge L Leon Car Wash Inc, for the service of washing all Transit vehicles and Transit buses, and issue a purchase order to the vendor for $69,160.00. The funding for this expenditure is to be withdrawn from CITT Surtax - Hialeah Circulation Fund – Repair & Maintenance - Vehicles Account No. 130.3220.544.463. (TRANSIT) APPROVED 7-0 L. Request permission to utilize Contract No. 2018011-02 – Information Technology Solutions & Services, between the City of Mesa, Arizona and this vendor, effective through February 28, 2023, and issue a purchase order to SHI International Corp., for the purchase of Adobe licensing, in a total expense amount not to exceed $40,000.00 to be allocated throughout various City Departments. (INFORMATION TECHNOLOGY DEPARTMENT) 11/2/2022 4:33 PM  M. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City to enter into a Second Amendment to the On-Demand Transportation Services Agreement between the City of Hialeah, Florida and BeeFree, LLC, doing business as FreeBee, to provide and operate flexible door-to-door, on-demand transportation services within designated service areas to the residents and visitors of the City of Hialeah by adding two vehicles for a total of five (5) electric vehicles, five (5) fast chargers and accompanying price rates pursuant to the terms and conditions set forth in the second amendment, a copy of which is attached hereto and made a part hereof as Exhibit “1”. (TRANSIT) APPROVED 7-0 RESOLUTION NO. 2022-129 N. Request permission to ratify the purchase of three hundred twenty-five (325) 5/8-inch water meters and forty (40) 3-inch water meters for the multi-family development located at 7218 West 4 Avenue, and issue a purchase order to Consolidated Pipe & Supply Company, Inc., sole source provider, in a total expense amount not to exceed $69,043.25, of which $47,200.00 has been paid by the developer. The funding for this expenditure is to be withdrawn from Water & Sewers Division Fund – Inventory – Meters & Meter Boxes Account No. 450.0000.141.004. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 O. Request permission to utilize NASPO Value Point Contract No. 43211500-WSCA-15-ACS- Computer Equipment, Peripherals & Services, between the State of Florida Department of Management Services and NetApp, Inc., effective through February 28, 2023, and issue a purchase order to Lenovo (United States) Inc., to purchase equipment and services, in a total expense amount not to exceed $200,000.00. The funding for this expenditure is to allocated through various City Departments. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 P. Request permission to utilize NASPO Value Point Contract No. 43211500-WSCA-15-ACS - Computer Equipment, Peripherals & Services, effective through February 28, 2023, between the State of Florida Department of Management Services and NetApp, Inc., and issue a purchase order to Dell Marketing L.P., for the purchase of computers citywide, in a total expense mount not to exceed $100,000.00. The funding for this expenditure is to allocated through various City Departments. (INFORMATION TECHNOLOGY DEPARTMENT) 11/2/2022 4:33 PM  APPROVED 7-0 Q. Request permission to issue a purchase order to Infor Public Sector, Inc., sole source vendor, for maintenance and support services of the Police and Fire Computer Aided Dispatch and Records Management Systems, in a total expense amount not to exceed $367,910.26. The funding for this expenditure is to be withdrawn as follows: $294,328.21 from the General Fund – Repair & Maintenance – Equipment Account No. 001.1000.521.462 and $73,582.05 from the Fire Rescue Transportation Fund – Repair & Maintenance – Building Account No. 109.2000.522.461. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 R. Request permission to issue a purchase order to VCS Tech Systems, LLC, for burglar alarm monitoring service, maintenance and equipment city-wide, as well as the potential migration of alarm systems in the Department of Parks and Recreation and other locations citywide as needed to upgrade from an antiquated system, in a total cumulative amount not to exceed $60,000.00. On April 13, 2021, the City Council awarded Hialeah Invitation to Bid No. 2020- 21-8500-36-004 – Burglar Alarm Monitoring Services, Maintenance and Equipment - to VCS Tech Systems, LLC, sole responsive bidder. The funding for this expenditure is to allocated through various City Departments. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 S. Request permission to issue a purchase order to VCS Tech Systems, LLC, for access control installation and maintenance citywide, in a total cumulative amount not to exceed $50,000.00. On August 24, 2021, the City Council awarded Hialeah Invitation to Bid No. 2020/21-8500- 36-024 – Access Control- Keri Systems Installation and Maintenance, this vendor for a period of three (3) years. The funding for this expenditure is to allocated through various City Departments. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 T. Request permission to utilize Prince William County Public Schools, Virginia Contract No. R- TC-17006, effective through January 18, 2024, 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, and request permission to utilize Amazon Business as the online marketplace for the purchase of information technology related equipment and services. The funding for this expenditure will be charged to the individual departments utilizing this service. 11/2/2022 4:33 PM  (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 U. Request permission to increase Purchase Order No. 2022-509 issued to MV Contract Transportation Inc., vendor under contract with the City for the operation of the City’s transit buses, by an additional amount of $29,531.11, for a new total cumulative amount not to exceed $1,137,658.11. On November 9, 2021, the City Council approved Resolution No. 2021-155 awarding Request for Proposal No. 2020/21-3220-24-004 for Municipal Circulator Services to the vendor. The funding for this expenditure is to be withdrawn from CITT Surtax - Hialeah Circulation Fund – Repair & Maintenance Account No. 130.3220.544.340. (TRANSIT) APPROVED 7-0 V. Request permission to issue two purchase orders to PFM Group Consulting LLC, for consulting services for collective bargaining negotiations, with purchase number order in the amount of $11,250.00 for International Association of Fire Fighters (IAFF) collective bargaining negotiations, and purchase order number two in the amount of $11,250.00 for the American Federation of State, County and Municipal Employees (AFSCME Local 161) collective bargaining negotiations, for a total cumulative expense amount not to exceed $22,500.00. The funding for this expenditure is to be withdrawn from the General Fund – Professional Services Account No. 001.8500.519.310 using fiscal year 2022 funds. (OFFICE OF MANAGEMENT AND BUDGET) APPROVED 7-0 W. Request permission to issue a purchase order to Lagvnes Software Solutions LLC, for the continued support, maintenance, development, and modification of the core City programs, in a total cumulative amount not to exceed $50,000.00. The funding for this expenditure is to be withdrawn from the General Fund – Professional Services Account No. 001.0201.519.310. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 X. RESOLUTION: Proposed resolution approving the expenditure in an amount not to exceed $14,522.87 from the Law Enforcement Trust Fund - State for the purchase of nine (9) helmet kits, nine (9) liberator wireless supermic, and nine (9) wireless motorcycle cable kits, and waiving competitive bidding as Pinnacle Peak Holding Corporation d/b/a Setcom Corporation is the sole source manufacturer and provider for said products in the State of Florida, and providing for an effective date. 11/2/2022 4:33 PM  (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2022-130 Y. Request permission to utilize a contract between City of Hallandale Beach and this vendor awarded pursuant to Bid No. 2017-2018-014-001 – Police Department Uniform Purchases, effective through September 30, 2024, and increase Purchase Order No. 2022-631, issued to Lou’s Police Distributors, Inc., for the purchase of police uniforms and related accessories, by an additional amount of $8,335.55 for the payment of the following outstanding invoices: Invoice No. 571016 for Invoice No. 571419 for Invoice No. 571515 for Invoice No. 571537 for $7.98 $14.98 $69.98 $69.98 Invoice No. 571738 for Invoice No. 571740 for Invoice No. 571756 for Invoice No. 571759 for $304.90 $304.90 $124.96 $64.98 Invoice No. 571832 for Invoice No. 572611 for Invoice No. 572807 for Invoice No. 573190 for $40.00 $10.98 $279.92 $186.92 Invoice No. 573201 for Invoice No. 573413 for Invoice No. 573433 for Invoice No. 573925 for $69.98 $21.98 $69.98 $81.96 Invoice No. 573944 for Invoice No. 574034 for Invoice No. 574084 for Invoice No. 574085 for $69.98 $69.98 $188.76 $10.37 Invoice No. 574122 for Invoice No. 574193 for Invoice No. 574235 for Invoice No. 574487 for $89.98 $304.90 $39.98 $145.96 Invoice No. 574488 for Invoice No. 574491 for Invoice No. 574494 for Invoice No. 574499 for $121.98 $121.98 $164.96 $174.96 Invoice No. 575503 for Invoice No. 575521 for Invoice No. 564965 for Invoice No. 565013 for $199.92 $8.98 $118.78 $54.98 Invoice No. 565226 for Invoice No. 566729 for Invoice No. 566746 for Invoice No. 567768 for $407.76 $56.98 $50.98 $4,209.00 For a new total cumulative expense amount not to exceed $183,335.55. The funding for this expenditure is to be withdrawn from the General Fund – Uniform & Clothing Allowance Account No. 001.1000.521.525. (POLICE DEPARTMENT) APPROVED 7-0 Z. Request permission to utilize the contract awarded pursuant to Miami-Dade County Bid No. FB-00399 – Purchase of Original Equipment Manufacturer (OEM) and Original Equipment (OE) Parts and Services, effective through February 28, 2023, and utilize the pool of vendors set forth in the bid and approved by Miami-Dade County, for the purchase of parts and services for forklifts, vehicles, heavy equipment, trailers, small engine, landscaping and more at pre- negotiated discounts and hourly service and repair rates. The funding for this expenditure will be charged to the individual departments utilizing this service. (PURCHASING DIVISION) 11/2/2022 4:33 PM  APPROVED 7-0 AA. Request permission to utilize the contract awarded pursuant to Miami-Dade County Bid No. FB-01140 – Tire Purchase and Related Services, effective through July 31, 2024, and utilize the pool of vendors set forth in the bid and approved by Miami-Dade County for the procurement of tires and related services. The funding for this expenditure will be charged to the individual departments utilizing this service. (PURCHASING DIVISION) APPROVED 7-0 BB. Request permission to utilize the contract awarded pursuant to Miami-Dade County Bid No. RTQ-01063 – Fire Rescue Equipment & Accessories - Preq, effective through May 31, 2024, and utilize the pool of vendors set forth in the bid and approved by Miami-Dade County, to purchase fire rescue equipment and accessories via spot market purchases. The funding for this expenditure will be charged to the individual departments utilizing this service. (PURCHASING DIVISION) APPROVED 7-0 CC. Request permission to waive competitive bidding, since it is advantageous to the City in that at the expiration of the contract with the City, the former vendor providing the City with this service proposed higher rates for fiscal year 2023 resulting in the Streets Department requesting quotes from other vendors, and increase Purchase Order 2023-158, issued to VisualScape, Inc., for grounds maintenance services of Section 1 for a maximum of three (3) months to avoid lapse in maintenance service while Invitation to Bid No. 2022-236-3110-12- 001 – Right of Way Turf and Landscape – Sector 1 is opened, reviewed and awarded, by an additional amount of $9,950.00, for a new total cumulative expense amount not to exceed $14,925.00. The funding for this expenditure is to be withdrawn from the Street Fund – ROW Maintenance – Sector 1 Account No. 101.3210.541.467-1. (STREETS) APPROVED 7-0 DD. Request permission to waive competitive bidding, since it is advantageous to the City in that at the expiration of the contract with the City, the former vendor providing the City with this service proposed higher rates for fiscal year 2023 resulting in the Streets Department requesting quotes from other vendors, and increase Purchase Order 2023-157, issued to VisualScape, Inc., for grounds maintenance services of Section 2 for a maximum of three (3) months to avoid lapse in maintenance service while Invitation to Bid No. 2022-236-3110-12- 005 – Right of Way Turf and Landscape – Sector 2 is opened, reviewed and awarded, by an additional amount of $17,590.00, for a new total cumulative expense amount not to exceed 11/2/2022 4:33 PM  $26,385.00. The funding for this expenditure is to be withdrawn from the Street Fund – ROW Maintenance – Sector 2 Account No. 101.3210.541.467-2. (STREETS) APPROVED 7-0 EE. Request permission to waive competitive bidding, since it is advantageous to the City in that at the expiration of the contract with the City, the former vendor providing the City with this service proposed higher rates for fiscal year 2023 resulting in the Streets Department requesting quotes from other vendors, and increase Purchase Order 2023-156, issued to VisualScape, Inc., for grounds maintenance services of Section 3 for a maximum of two (2) months to avoid lapse in maintenance service while Invitation to Bid No. 2022-236-3110-12- 006 – Right of Way Turf and Landscape – Sector 3 is opened, reviewed and awarded, by an additional amount of $6,999.83, for a new total cumulative expense amount not to exceed $13,999.66. The funding for this expenditure is to be withdrawn from the Street Fund – ROW Maintenance – Sector 3 Account No. 101.3210.541.467-3. (STREETS) APPROVED 7-0 FF. Request permission to waive competitive bidding, since it is advantageous to the City in that at the expiration of the contract with the City, the former vendor providing the City with this service proposed higher rates for fiscal year 2023 resulting in the Streets Department requesting quotes from other vendors, and increase Purchase Order 2023-155, issued to VisualScape, Inc., for grounds maintenance services of Section 4 for a maximum of two (2) months to avoid lapse in maintenance service while Invitation to Bid No. 2022-236-3110-12- 007 – Right of Way Turf and Landscape – Sector 4 is opened, reviewed and awarded, by an additional amount of $14,919.83, for a new total cumulative expense amount not to exceed $19,150.00. The funding for this expenditure is to be withdrawn from the Street Fund – ROW Maintenance – Sector 4 Account No. 101.3210.541.467-4. (STREETS) APPROVED 7-0 GG. Request permission to place the City’s current fully insured Medical Plan(s) with the Aetna Health offering, as well as the Dental PPO and Vision Plan with Aetna Health, and further request permission to maintain the GAP insurance with American Public Life (APL), the Self- Funded Plan to be ran by United Health Care and Optum together with Stop Loss under HCC Life Insurance, and Medicare Advantage with United Health Care (UHC), with no benefits changes on any of the benefit plans, with a slight cost increase to the employee premium, in a total expense amount not to exceed $28,000,000.00. 11/2/2022 4:33 PM  The funding for this expenditure will be charged to the individual departments utilizing this service. (RISK MANAGEMENT) APPROVED 7-0 HH. Request from Michael Delgado on behalf of Immaculate Conception Catholic Church, for a permit to host the third annual pig roast and carnival on Saturday, November 12, 2022 from 1:00 p.m. to 6:00 p.m., to be held at Immaculate Conception School located at 125 West 45th Street, Hialeah, Florida, expecting approximately 250 to 300 attendees, in accordance with the requirements of Risk Management, the Police Department and Fire Department. (OFFICE OF THE CITY CLERK) Item was approved by the City of Hialeah Cultural Affairs Council on October 18, 2022. APPROVED 7-0 II. ADD-ON ITEM: Request permission to utilize Contract No. MMS1900113 – Pharmaceutical Prime Wholesaler Service Contract, between the State of Minnesota and this vendor, effective through October 31, 2022, and issue a purchase order to Cardinal Health 110, LLC, for the purchase of pharmaceuticals, vaccines, and medical supplies, in a total expense amount not to exceed $50,000.00. The funding for this expenditure is to be withdrawn from the General Fund - Operating Supplies - Medical Account No. 001.2000.522.521. (FIRE DEPARTMENT) APPROVED 7-0 JJ. ADD-ON ITEM: Request permission to issue a purchase order to Change Healthcare Technology Enabled Services, LLC, for medical billing services, in a total expense amount not to exceed $230,000.00. The City of Hialeah is under contract with this vendor effective on August 1, 2018 for the duration of five (5) years: initial term of one (1) year with two (2) options to renew for renewal terms of two (2) years each, ending on August 1, 2023. The funding for this expenditure is to be withdrawn from the Fire Rescue Transportation Fund - Contractual Services - Billing Services Account No. 109.2000.522.342. (FIRE DEPARTMENT) APPROVED 7-0 KK. ADD-ON ITEM: Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor provided the lowest quotation and is familiar with the current medical protocols and procedures of the Hialeah Fire Department, and issue a purchase order to Cepero Corp, for medical training in Advanced Cardiac Life Support (ACLS) and Pediatrics Advanced Cardiac Life Support, in a total expense amount not to exceed $35,000.00. 11/2/2022 4:33 PM  The funding for this expenditure is to be withdrawn from the Fire Rescue Transportation Fund - Training and Education Account No. 109.2000.522.491. (FIRE DEPARTMENT) APPROVED 7-0 LL. ADD-ON ITEM: Request from Francisco Perez, on behalf of Rincon de San Lazaro Church, located at 1190 East 4th Avenue, Hialeah, Florida, for permission to host a vigil and procession, on Friday, December 16, 2022 from 9:00 a.m. to 12:00 a.m. on December 17, 2022, on Saturday, December 17, 2022 from 12:01 a.m. to 12:00 a.m. on December 18, 2022, and on December 18, 2022 from 7:00 a.m., to 8:00 p.m., with the vigil to be held in the parking lot of the church, expecting approximately 500 attendees in accordance with the requirements of the Police Department, Fire Department and Risk Management. (OFFICE OF THE CITY CLERK) Item was approved by the City of Hialeah Cultural Affairs Council on October 18, 2022. APPROVED 7-0 MM. ADD-ON ITEM: Request from Dr. Tamara Moodie, on behalf of South Florida Autism Center, Inc., for a special event permit to be held at 3751 West 108th Street, Hialeah, Florida 33018, to host an annual gala with the proceeds benefiting the programs of South Florida Autism Charter School and the South Florida Autism Center, and to erect two (2) tent along West 108th Street, with one tent being used for the cocktail hour and the second tent for the seated dinner with live entertainment, on Saturday, November 12, 2022 from 6:00 p.m. to 11:00 p.m., in accordance with the requirements of Risk Management, the Police Department and Fire Department. (OFFICE OF THE CITY CLERK) Item was approved by the City of Hialeah Cultural Affairs Council on October 18, 2022. APPROVED 7-0 NN. ADD-ON ITEM: Request permission to utilize Cooper City Invitation to Bid (ITB) No. 2018- 11-UTL - Laboratory Testing Services - Utilities Department, effective through October 9, 2023, and issue a purchase order to Advanced Environmental Laboratories, Inc., for the service of water quality laboratory testing, in a total expense amount not to exceed $115,000.00. The funding for this expenditure is to be withdrawn from the Water and Sewer Division Fund – Professional Services – Water Quality Testing Account No. 450.9510.533.315. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 OO. ADD-ON ITEM: Request permission to issue a purchase order to Hazen and Sawyer, P.C., vendor approved by the City Council on March 8, 2022 in accordance with the recommendations of the City’s Selection Committee for engineering services, for engineering 11/2/2022 4:33 PM  services related to the rehabilitation annual and illicit stormwater discharge reporting, in a total expense amount not to exceed $68,394.00. The funding for this expenditure is to be withdrawn from the Water and Sewer Division Fund – Professional Services – Water Quality Testing Account No. 450.9520.535.310. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 PP. ADD-ON ITEM: Request permission to issue a purchase order to SRS Engineering, Inc., vendor approved by the City Council on March 8, 2022 in accordance with the recommendations of the City’s Selection Committee for engineering services, and provide engineering services to assist the City with the ISO compliance fire hydrant maintenance program to support the City’s ISO review, in a total expense amount not to exceed $422,919.27. The funding for this expenditure is to be withdrawn from the Water and Sewer Division Fund – Capital Outlay – Infrastructure Account No. 450.9510.533.630. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 REPORT: Armando Vidal, Director of Hialeah Department of Public Works, spoke on this item. REPORT: Chief Willians Guerra, Hialeah Fire Department, spoke on the item. REPORT: Motion to Approve Consent Item PP made by Council Member Tundidor, and seconded by Council Vice President Perez. Motion passes 7-0. QQ. ADD-ON ITEM: Request permission to waive competitive bidding, since it is advantageous to the City in that the products will be purchased directly from the distributor, and issue a purchase order to American Battery Company, for the purchase of batteries for all City transit buses, emergency vehicles and fleet vehicles, in a total expense amount not to exceed $115,000.00. The funding for this expenditure is to be withdrawn from the General Fund – Inventory – Auto Parts Account No. 001.0000.141.120. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 10. ADMINISTRATIVE ITEMS 10 A. ORDINANCE: Second reading and public hearing of proposed ordinance amending the organizational structure of the City placing the functions and operations of retirement under the supervision of the Human Resources Department as a Division of Human Resources; amending 11/2/2022 4:33 PM  Chapter 2 of the Code of Ordinances of the City of Hialeah entitled “Administration,” Article II “Departments, Offices and Divisions,” providing duties and responsibilities of the new Retirement Division and other amendments to conform; providing for a severability clause; repealing all ordinances in conflict herewith; providing for inclusion in the code; and providing for an effective date. (ADMINISTRATION) On October 11, 2022, the item was postponed until the City Council Meeting of October 25, 2022. On September 27, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 11, 2022. APPROVED 7-0 ORDINANCE NO. 2022-104 REPORT: Council President Zogby opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item 10 A made by Council Member Rodriguez, and seconded by Council Member Tundidor. Motion passes 7-0. 10 B. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 4 2 entitled "Floods and Water Management" for the purpose of ensuring compliance with the State’s Floodplain Management Model Ordinance and National Flood Insurance Program; repealing ordinances in conflict hereof; providing penalties for violation hereof; providing for inclusion in code; providing for a severability clause and providing for an effective date. (BUILDING) On October 11, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 25, 2022. On September 27, 2022, the item was postponed by the administration until the City Council Meeting of October 11, 2022. APPROVED 7-0 ORDINANCE NO. 2022-105 REPORT: Council President Zogby opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item 10 B made by Council Member Rodriguez, and seconded by Council Member Tundidor. Motion passes 7-0. 11. BOARD APPOINTMENTS 11/2/2022 4:33 PM 11 A. Proposed resolution appointing Ismare Monreal as a member of Defined Contribution Plan Committee, as the Mayor’s appointment. (MAYOR BOVO) APPROVED 7-0 RESOLUTION NO. 2022-131 REPORT: Motion to Approve Item 11 A made by Council Member Casáls-Muñoz, and seconded by Council Vice President Perez. Motion passes 7-0. 11 B. Proposed resolution appointing Pedro De Faria to the Oversight Committee of the City of Hialeah Elected Officers’ Retirement Trust to serve as the Director of Management and Budget. (ADMINISTRATION) APPROVED 7-0 RESOLUTION NO. 2022-132 REPORT: Motion to Approve Item 11 B made by Council Member Rodriguez, and seconded by Council Member Casáls-Muñoz. Motion passes 7-0. 12. UNFINISHED BUSINESS  Council Vice President Perez spoke regarding vacant positions on City boards.  Council Member Tundidor requested to work with the Law Department to draft legislation for the creation of a Long-Term Advisory Board to assist assisted living facilities within the City with communication between the facilities, the City, Miami-Dade County and possibly the State of Florida.  Council Member Calvo spoke on the following:  Requested an update from the Mayor or Chief of Police on the investigation for the incident that occurred in the City on Monday, August 24, 2022 involving Christopher Monzon. REPORT: Motion to Approve for the Law Department to move forward in drafting a proposed ordinance made by Council Member Tundidor, and seconded by Council Vice President Perez. The roll was not called because Mayor Bovo supports the drafting of the proposed ordinance by the Law Department.  Proposed that the City adopt legislation titled “Election Protection and Integrity” which would protect persons who are actively participating in electioneering, canvassing, participating in early voting, election day, rallies or political events in the City of 11/2/2022 4:33 PM  Hialeah, providing penalty for anyone who is assaulted, battered, killed, or suffers some bodily harm. REPORT: Lorena Bravo, City Attorney spoke. REPORT: George Fuente, Chief of Police, spoke. REPORT: Mayor Bovo spoke.  Mayor Bovo congratulated Council Member Tundidor on the Second Annual Softball Event “Battle of the Badges”.  Mayor Bovo spoke regarding a basketball game taking place on November 18, 2022 between the City of Hialeah and Town of Miami Lakes. 13. NEW BUSINESS REPORT: None. 14. ZONING REPORT: All were duly sworn in. PLANNING AND ZONING PZ 1. ORDINANCE: 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-1 grade school with an enrollment of 20 students within a facility that also includes a daycare with an enrollment of 33 students; property located at 543 East 9 Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. ITEM IS POSTPONED UNTIL THE CITY COUNCIL MEETING OF NOVEMBER 8, 2022. On October 11, 2022, the item was postponed. Second reading and public hearing is scheduled for October 25, 2022. On September 27, 2022, the item was postponed. Second reading and public hearing was scheduled for October 11, 2022. On September 13, 2022, the item was postponed. Second reading and public hearing was scheduled for September 27, 2022. On August 23, 2022, the City Council approved the item on first reading. Second reading and 11/2/2022 4:33 PM  public hearing was scheduled for September 13, 2022. On August 10, 2022, the Planning and Zoning Board recommended approval with conditions. Planner’s Recommendation: Approve with the condition that the old signs are replaced by two new state-of-the-art signs. Property Owner: Gladys Perez, 971 East 26th Street, Hialeah, FL 33013 PZ 2. ORDINANCE: 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-6 grade school with an enrollment of 47 students within a facility that also includes a daycare with an enrollment of 36 children; property located at 380 West 21 Street, Hialeah, zoned M-1 (Industrial District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. ITEM IS POSTPONED UNTIL THE CITY COUNCIL MEETING OF NOVEMBER 8, 2022. On October 11, 2022, the item was postponed. Second reading and public hearing is scheduled for October 25, 2022. On September 27, 2022, the City Council approved the item on first reading. Second reading and public hearing was scheduled for October 11, 2022. On September 7, 2022, the Planning and Zoning Board recommended approval with the condition that the site improvements detailed in the plans prepared by Octavio Santurio, Architect, be permitted and having received a final by the Building Department before August 2023 prior to the start of the school year. The Planning and Zoning Board further recommended that if the condition is not met, the Business Tax Receipt for the school not be renewed in the year 2023. Planner’s Recommendation: Approval with conditions Property Owner: AJM Hialeah Holdings, LLC, c/o Alicia Paez, 380 West 21 Street, Hialeah FL 33010 PZ 3. ORDINANCE: Second reading and public hearing of proposed ordinance approving a Final Plat of Snake Son; 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 10300 NW 142 Street, Hialeah, Florida. On October 11, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 25, 2022. 11/2/2022 4:33 PM  On September 21, 2022, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval. APPROVED 7-0. ORDINANCE NO. 2022-106 REPORT: Council President Zogby opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item PZ 3 made by Council Member Tundidor, and seconded by Council Member Rodriguez. Motion passes 7-0. PZ 4. ORDINANCE: First reading of proposed ordinance rezoning properties from R-1 (One-Family District) to R-3-3 (Multiple-Family District); granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-1630.8 to allow the expansion of the NBD Overlay District; and granting a variance permit to allow only residential uses, where a mixed use is required; allow front setback of 3 feet fronting East 6 Avenue, 7.25 feet fronting East 26 Street and 9.16 feet fronting East 27 Street, where 10 feet built-to-line are required; allow a 10 foot interior side setback, where 15 feet are required; allow 26.2% pervious area, where 30% pervious area is the minimum required; and allow 56 parking spaces, where 63 parking spaces are required; all contra to §§ 98-1630.1, 98-1630.3(e)(1), 98-590, 98-2056(b)(1) and 98-2189(16)a. Properties located at 585 East 26 Street, 591 East 26 Street and 595 East 26 Street, Folio No. 04-3108- 001-2570 and 04-3108-001-2580, Hialeah, zoned R-1 (One-Family District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On October 11, 2022, the City Council tabled the item until October 25, 2022. Registered Lobbyist: Manny Reus, 18501 Pines Boulevard #342, Pembroke Pines, Florida 33029, on behalf of Hialeah Re-Investment, LLC. On September 21, 2022, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval. Property Owner: Benjamin Leon, 8600 NW 41 Street, Doral, Florida 33166. DENIED 7-0 REPORT: Manny Reus, 18501 Pines Boulevard #342, Pembroke Pines, Florida 33029, spoke on behalf of Hialeah Re-Investment, LLC. 11/2/2022 4:33 PM  REPORT: Debora Storch, Planning Official of the City of Hialeah, spoke on this item. REPORT: Motion to Approve Item PZ 4 made by Council Member Rodriguez, and seconded by Council Member Casáls-Muñoz. Motion fails at the pleasure of the Council 3- 4 with Council Vice President Perez, Council Member Tundidor, Council President Zogby and Council Member Calvo voting “No”. REPORT: Motion to Deny Item PZ 4 made by Council Member Tundidor, and seconded by Council Member Garcia-Roves. Motion passes 7-0. PZ 5. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay for the development of a 58- unit multifamily mixed-use building, pursuant to Hialeah Code of Ordinances § 98-1630.8; granting a variance permit to allow all residential units with areas ranging from 523 square feet to 728 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow 5.5 feet front setback for staircase, where 10 feet built-to-line are required; allow 18% pervious area, where 30% is the minimum required and parking variance to allow 160 parking spaces, where 266 are required; all contra to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(e)(1), 98-2056(b)(1) and 98-2189(16)a.; property located at 8155 West 12 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 October 11, 2022, the City Council tabled the item until October 25, 2022. Registered Lobbyists: Hugo P. Arza, Esq., and Alejandro J. Arias, Esq., 701 Brickell Avenue, Suite 3300, Miami FL 33131, on behalf Prestige Builders Construction Management, LLC. On September 21, 2022, the Planning and Zoning Board recommended approval of the item with the condition that improvements be constructed at the West 12th Avenue median to improve safety at the West 82nd Avenue intersection. Planner’s Recommendation: Approval subject to the required improvements set forth by the City’s Streets Department. Property Owner: Daniel Caamano of the Daniel Tobias Caamano Living Trust, 5400 N 35 Street, Hollywood Florida 33021. APPROVED 6-1 with Vice President Perez having abstained from voting REPORT: Hugo P. Arza, Esq, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, presented a Power Pointe Presentation on behalf of Prestige Builders Construction Management, LLC. REPORT: Motion to Approve Item PZ 5 made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 6-1 with Vice President Perez having abstained from voting. 11/2/2022 4:33 PM  REPORT: Council Vice President Perez abstained from voting on the item and filed Form 8B - Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers with the City Clerk, record which is on file with the Office of the City Clerk. REPORT: Second reading and public hearing is scheduled for November 8, 2022. PZ 6. ORDINANCE: First reading of proposed ordinance rezoning property from RO (Residential Office) to B-1 (Highly Restricted Retail District); granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow a pharmaceutical research center; granting a variance permit to allow front setback of 5 feet, where 20 feet are required; and allow 17 parking spaces, where 19 parking spaces are required; all contra to Hialeah Code of Ordinances §§ 98- 929 and 98-2189(20). Property located at 355 West 49 Street, Hialeah, zoned 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: Felix M. Lasarte, Esq. 3250 Northeast 1 Avenue, Suite 334, Miami, Florida 33010, on behalf of 355 Investments LLC. On October 12, 2022, the Planning and Zoning Board recommended approval of the item with the condition that the number of staff members and patients is limited as proffered and that the scheduling of patients is managed in order for the parking demand to be fulfilled within the site. The applicant will provide a Declaration of Restrictive Covenants. Planner’s Recommendation: Approval of the item with limitation and scheduling management conditions. Property Owner: Aileen Tablado, 355 West 49th Street, Hialeah Florida 33012. APPROVED 7-0 REPORT: Felix Lasarte, 3250 Northeast 1 Avenue, Hialeah, Florida Suite 334, addressed the City Council. REPORT: Motion to Approve Item PZ 6 made by Council Member Casáls-Muñoz, and seconded by Council Member Rodriguez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for November 8, 2022. PZ 7. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to R-3-5 (Multiple-Family District); granting a variance permit to allow a front setback of 10.5 feet, where 25 feet is the minimum required; allow an east side setback of 4 feet and west side setback of 7 feet, where 10 feet is the minimum required respectively; and allow 23% pervious area, where 30% pervious area is the minimum required; all contra to Hialeah Code of Ordinances §§ 98-589, 98-590 and 98-2056(b)(1). Property located at 350 East 40 Street, Hialeah, zoned R-1 (One-Family District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. 11/2/2022 4:33 PM  Registered Lobbyist: Frank de la Paz, 9361 Bird Road, Miami, Florida. On October 12, 2022, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval Property Owner: Raul Fernandez and Maria Fernandez, 330 West 43rd Street, Hialeah FL 33012 APPROVED 7-0 REPORT: Frank De la Paz, 9361 Bird Road, addressed the City Council. REPORT: Motion to Approve Item PZ 7 made by Council Member Casáls-Muñoz, and seconded by Council Member Rodriguez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for November 8, 2022. PZ 8. ORDINANCE: First reading of proposed ordinance approving a Final Plat of Countyline Corporate Park North; 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 bounded on the north by West 116 Street (NW 170 Street), on the south by West 112 Place (NW 166 Terrace), on the east by West 36 Avenue (NW 97 Avenue) and on the west by West 44 Avenue (NW 107 Avenue), Hialeah, Florida. On October12, 2022, the Planning and Zoning Board recommended approval of the item. APPROVED 7-0 REPORT: Motion to Approve Item PZ 8 made by Council Member Casáls-Muñoz, and seconded by Council Member Rodriguez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for November 8, 2022. PZ 9. ORDINANCE: First reading of proposed ordinance granting a variance permit to allow 24 backout parking spaces, where 56 parking spaces are required where backout parking spaces are only allowed in residential zoned areas; allow 1.7% pervious area, where 10% pervious area is the minimum required; and allow a waiver of minimum landscape requirements for the legalization of an existing restaurant; all contra to Hialeah Code of Ordinances §§ 98-2189, 98- 2190 and City of Hialeah Landscape Manual, Latest Edition dated July 9, 2015. Property located at 5881 NW 37 Avenue, Hialeah, zoned M-2 (Industrial District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On October 12, 2022, the Planning and Zoning Board recommended approval of the item with the condition that the restaurant’s front area along NW 37th Street is improved with landscaping and draining and a deal is reached with the Florida Department of 11/2/2022 4:33 PM  Transportation to improve the swale area along NW 59th street and utilize the area for parking. Planner’s Recommendation: Approval with conditions. Property Owner: Eduardo Blanco 305 Harbor Drive. Key Biscayne FL 33149 Florentino Blanco 5883 NW 37th Avenue, Miami FL 33142 APPROVED 7-0 REPORT: Eduardo Blanco, 305 Harbor Drive, Key Biscayne, Florida, 33149 spoke on this item. REPORT: Debora Storch, Planning Official of the City of Hialeah, spoke on this item. REPORT: Nelson Ruben Garbacha, 3411 West 57 Terrace, Hollywood, spoke on this item. REPORT: Motion to Approve Item PZ 9 made by Council Member Casáls-Muñoz, and seconded by Council Vice President Perez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for November 8, 2022. 15. ADJOURNMENT REPORT: Council President Zogby adjourned the meeting at 10:06 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, December 13, 2022 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, November 8, 2022 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. 11/2/2022 4:33 PM 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). 11/2/2022 4:33 PM