City Council

Esteban Bovo, Jr. Council Members Mayor SE Bryan Calvo Vivian Casàls-Muñoz 7 Monica Perez Luis Rodriguez OMB President 0 Jesus Tundidor Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Minutes February 14, 2023 7:00 p.m. __________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Perez called the meeting to order at 7:05 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with the following Council Members present: 1. Council President Perez 2. Council Member Casáls-Muñoz 3. Council Member Tundidor 4. Council Member Zogby B. REPORT: Marbelys Fatjo, City Clerk, called the roll with the following Council Members absent: 1. Council Vice President Garcia-Roves a. Marbelys Fatjo, City Clerk, advised for the record, per the Council Vice President’s request, that she was unable to attend the meeting due to illness. 2. Council Member Calvo 3. Council Member Rodriguez C. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Lorena Bravo, City Attorney, was present. 3/2/2023 2:26 PM  3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Member Casàls-Muñoz 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 3/2/2023 2:26 PM  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: Council President Perez acknowledged Hialeah Police Department Lt. Rodriguez’s presence in the Council Chambers after his leave of absence due to a battle with cancer. 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: One (1) member of the public participating via Zoom expressed interest in making comments or posing questions on matters of public concern. (1) Ceasar Mestre, 8105 NW 155 Street, Miami Lakes, Florida, addressed the City Council regarding Administrative Item 11 I. C. REPORT: No member of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. Postponed Items The following items are postponed until the City Council Meeting of February 28, 2023, per the applicant’s request:  Consent Item B  Item 11 A  Item PZ 4  Item PZ 6  Item LU 2 B. Add-On Items The following items have been added to today’s agenda:  L 3/2/2023 2:26 PM   M  N  O  P  Q  R  S  T  U  V  W  Y C. Amended Items  The proposed ordinance for Item 11 I has been updated. 9. BOARD APPOINTMENTS A. Proposed resolution appointing Maikol J. Guerrero Montes as a member of the Beautification Committee beginning on February 14, 2023 for a two (2)-year term ending on February 13, 2025 as one of the four City Council appointments. (NOMINATION BY COUNCIL MEMBER TUNDIDOR) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. RESOLUTION NO. 2023-013 REPORT: Motion to Approve Item 9A made by Council Member Zogby, and seconded by Council Member Casáls-Muñoz. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 10. 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: Motion to Approve the Consent Agenda made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. A. Request permission to approve the minutes of the City Council Meeting held on January 24, 2023 3/2/2023 2:26 PM  at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. B. RESOLUTION: Proposed resolution accepting a $150,000.00 grant from the State of Florida Department of Emergency Management, funded by the Federal Emergency Management Agency (FEMA), and appropriating the grant funds in the building fund for the creation of a Watershed Master Plan in collaboration with Florida Atlantic University, subject to an in-kind contribution by the City in the amount of $50,000.00 for a total project cost of $200,000.00; approving the terms of the grant agreement with the State of Florida as set forth in “Exhibit 1”; approving and ratifying the grant application attached as “Exhibit 2”; authorizing the Mayor and the City Clerk, as attesting witness, to execute and deliver the agreement, assurances and all other necessary and customary documents in furtherance thereof on behalf of the City; and providing for an effective date. (BUILDING) ITEM IS POSTPONED UNTIL THE CITY COUNCIL MEETING OF FEBRUARY 28, 2023. C. Request permission to ratify the Mayor’s decision to utilize Contract No. 21-083-01- Holiday Lighting, between the City of Miami Beach and the vendor, and issue Purchase Order No. 2023- 1353, in the amount of $25,000.00, issued to South Florida Lighting Team, LLC, for the 2022 City of Hialeah Holiday Project created to bring holiday cheer to other locations throughout the City that included the holiday décor at all City entrance features, key parks and City Hall, and further request permission to increase the purchase order by an additional amount of $36,621.97, for a total cumulative expense amount not to exceed $61,621.97. The funding for the expenditure is to be withdrawn from the General Fund – Holiday Decorations Account No. 001.8500.519461G. (COMMUNICATIONS AND SPECIAL EVENTS DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. D. RESOLUTION: Proposed resolution accepting a grant award from the Nita M. Lowkey Twenty- First (21st) Century Community Learning Centers grant in the amount of $582,120.00 for a term commencing on August 1st, 2022 and ending on July 31st, 2023, to fund the Young Leaders with Character Afterschool and Summer Programs operating out of three 21st Century Community Learning Centers sites within the City of Hialeah, for students from grades 6 through 8; and further authorizing the Mayor or his designee to execute any and all agreements, documents and subcontracts in furtherance thereof; and providing for an effective date. (EDUCATION AND COMMUNITY SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 3/2/2023 2:26 PM  RESOLUTION NO. 2023-014 E. Request permission to issue a purchase order to Forge Fire & Company, LLC, sole source vendor of comprehensive modular and interchangeable bolt-in construction systems for the first responder industry, for the purchase of the components and features to be modular and interchangeable, to allow for continuous customization of a bolt-in non-burn construction system for a fire training building, in a total expense amount not to exceed $359,900.00. The funding for the expenditure is to be withdrawn from the Capital Outlay – Infrastructure Account No. 109.2000.522.630. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. F. RESOLUTION: Proposed resolution approving the Home American Rescue Act 2021 (HOME- ARP) Allocation Plan; authorizing the Mayor or his designee, to submit to the HOME-ARP Plan to the United States Department of Housing and Urban Development (U.S. HUD) and to execute any and all agreements, as may be required by U.S. HUD Program Rules and Regulations; and providing for an effective. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. RESOLUTION NO. 2023-015 G. Request permission to utilize BuyBoard Purchasing Cooperative Contract No. 647-21 – Emergency Alert and Voice Broadcast Communications Systems, contract between Texas Association of School Board and the vendor, effective through September 30, 2023, contract which is part of BuyBoard a portfolio of competitively bid contracts, which the City of Hialeah is registered to utilize, and enter into a three (3) year agreement with Perry Weather, Inc., with the option of two (2) additional one (1) year renewals, for the installation, monitoring and software of four (4) outdoor lightning warning systems to be installed at four (4) City aquatic centers, which features an audible horn and visible strobe, as well as a cloud-based application that will expand warnings to the staff of the City’s Parks and Recreation Department on near instantaneous basis via mobile app or text message, and further request permission to issue a purchase order to Perry Weather, Inc. in the amount of $16,846.00, for an annual cost of $11,250.00 and a one-time installation fee of $5,596.00, for a total cumulative expense amount not to exceed $39,346.00 for the service over a three (3) year period. The funding for the expenditure is to be withdrawn from the General Fund – Contractual Services Account No. 001.3130.572.340. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 3/2/2023 2:26 PM  H. Request permission to award City of Hialeah Bid No. 2022-23-3210-00-024 – Drainage Improvements to West 17th Street from 4th to 8th Avenue; West 4th Lane, West 6th Avenue and West 7th Avenue from 16th to 17th Street, and issue a purchase order to Acosta Tractors Inc, lowest responsive and responsible bidder, for the construction of the drainage improvements to West 17th Street from 4th Avenue to 8th Avenue and West 4th Lane, West 6th Avenue, and West 7th Avenue from 16th Street to 17th Street, in a total expense amount not to exceed $2,368,088.47. $412,880.72 of the funding for the expenditure is to be withdrawn from Streets – Local Option Fuel Tax Fund Account No. 133.3210.541.651, and $1,955,207.75 of the funding for the expenditure is to be withdrawn from CITT Surtax Transportation Fund Account No. 120.3210.541.630. (STREETS DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. I. Request permission to issue a purchase order to R.J. Behar & Company, Inc., vendor recommended by the City’s Selection Committee for engineering and architectural services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services including City funded and American Rescue Plan Act (ARPA) Funded Projects, to update the Bacteria Pollution Control Plan to current recognized water quality standard for bacteria (E. Coli and/or Enterococci), in response to the Florida Department of Environmental Protection’s Request for Additional Information (RAI), in a total expense amount not exceed $5,424.00. The funding for the expenditure in is to be withdrawn from the Stormwater Utility Fund Account No. 475.3211.530.310. (STREETS DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. J. Request permission to award City of Hialeah Bid No. 2022-23-3210-00-023 – Drainage Improvements to East 5th Street from 9th Street to 12th Street and East 10th Street, East 11th Street and East 12th Street from 4th Avenue to 6th Avenue, and issue a purchase order to Acosta Tractors Inc, lowest responsive and responsible bidder, for the construction of the drainage improvements to East 5th Street from 9th Street to 12th Street and East 10th Street, East 11th Street and East 12th Street from 4th Avenue to 6th Avenue, in a total expense amount not to exceed $3,045,292.39. $321,224.67 of the funding for the expenditure in is to be withdrawn from Streets Fund – Construction - Capital Account No. 101.3210.541.651 and $2,724,067.72 from CITT Surtax – Transportation Fund Account No. 120.3210.541.630. (STREETS DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 3/2/2023 2:26 PM  K. Request permission to increase Purchase Order No. 2023-308, issued to Law Enforcement Psychological and Counseling Associates, Inc. (Dr. Mark Axelsberd, PHD), for the consulting service of psychological screening for the hiring of police recruits and certified police officers, as well as for the payment of following outstanding invoices for services that have already been rendered: Invoice No. 13005 for $5,040.00 Invoice No. 13006 for $3,720.00 by an additional amount of $25,000.00, for a new total cumulative expense amount not to exceed $50,000.00. The funding for this expenditure is to be withdrawn from the General Fund - Professional Services Account No. 001.4100.513.310. (HUMAN RESOURCES DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. L. ADD-ON ITEM: Request permission to increase Purchase Order No. 2023-995, issued to Tiresoles of Broward, Inc., for the purchase of tires for City vehicles, by an additional amount of $125,000.00, for a new total cumulative expense not to exceed $150,000.00. On October 25, 2022, the City Council approved the usage of the pool of vendors established pursuant to Miami-Dade County Bid No. FB-01140 – Tire Purchase and Related Services, effective through July 31, 2024. The funding for the expenditure in is to be withdrawn from the General Fund – Inventory – Auto Parts Account No. 001.0000.141.120. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. M. ADD-ON ITEM: Request permission to increase Purchase Order No. 2023-313, issued to K.V.P Enterprises, Inc., for the repairs of the Diesel Exhaust Fluid (DEF) tanks and exhaust related issues with Cummins, as well as other heavy equipment engines for the City’s fleet, including fire apparatus and City transit buses, by an additional amount of $150,000.00, for a new total cumulative expense amount not to exceed $175,000.00. On October 25, 2022, the City Council approved the usage of a pool of vendors established 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. The funding for the expenditure in is to be withdrawn from the General Fund – Contractual Services – Charge Back to Other Departments Account No. 001.3220.591.341. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 3/2/2023 2:26 PM  N. ADD-ON ITEM: Request permission to increase Purchase Order No. 2023-309, issued to IEH Auto Parts LLC, for the purchase of Original Equipment Manufacturer (OEM) and aftermarket parts for City vehicles, by an additional amount of $125,000.00, for a new total cumulative expense amount not to exceed $150,000.00. On October 25, 2022, the City Council approved the usage of a pool of vendors established 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. The funding for the expenditure in is to be withdrawn from the General Fund – Inventory – Auto Parts Account No. 001.0000.141.120. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. O. ADD-ON ITEM/RESOLUTION: Proposed resolution amending Hialeah, Fla. Resolution No. 2021-134 (September 28, 2021) by rescinding the award of $2,500,0000 of Home American Rescue Plan Act (HOME-ARP) funds to the Hialeah Housing Authority; authorizing the award of $3,601,618.44 in Multi-Year Home Investment Partnership (HOME) Funds to the Hialeah Housing Authority for the Hoffman Gardens Affordable Housing Project; authorizing the Mayor, or his designee, to execute any and all agreements, as may be required by U.S HUD Program Rules and Regulations; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. RESOLUTION NO. 2023-016 P. ADD-ON ITEM: Request permission to issue a purchase order to Hazen and Sawyer, P.C., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services Including City funded and American Rescue Plan Act (ARPA) Funded Projects, to support the City’s lining program currently underway related to the Miami Dade County Department of Environmental Resources Management (DERM), in a total expense amount not exceed $183,738.00. The funding for the expenditure in is to be withdrawn from the Water & Sewer Division Fund – Professional Services Account No. 450.9500.536.310. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. Q. ADD-ON ITEM/RESOLUTION: Proposed resolution authorizing a “Piggy Back Agreement” pursuant to Hialeah Code of Ordinances § 2-818 and authorizing the City to enter into a Sales Agreement, System Subscription Agreement, and System Support Agreement with ETA PHI 3/2/2023 2:26 PM  Systems, Inc. (“ETA”) d/b/a ETA Transit Systems to provide a Cloud-Hosted Computer-Aided Dispatch and Automatic Vehicle Location System (CAD/AVL) allowing bus passengers real- time bus tracking of stations/stops, messaging and more from their cellular phones; and authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the Sales Agreement, System Subscription Agreement, and System Support Agreement attached hereto in substantial form, and made a part hereof as Exhibits “A”, “B” and “C” respectively for same scope and prices as the Brevard County Contract. (TRANSIT) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. RESOLUTION NO. 2023-017 R. ADD-ON ITEM: Request permission to utilize Contract No. 2020-31161 between the City of Miami Beach and this vendor for the purchase of FLYGT/Xylem Pump Equipment, Parts, Software, Services and Related Items, effective through May 12, 2025, and issue a purchase order to Xylem Water Solutions U.S.A., Inc., sole source supplier of FLYGT pumps in the State of Florida, for the supply of new pumps, repairs, parts and/or replacement of FLYGT submersible pumps and attributes for the purpose of maintaining and operating the City’s sewer pump stations, in a total expense amount not to exceed $200,000.00. The funding for this expenditure is to be charged to the Water & Sewer Division Fund - Capital Outlay - Infrastructure Account No. 450.9520.535.630. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. S. ADD-ON ITEM: Request permission to utilize Contract No. 17-7176 – Underground Utility Parts Supplier, effective through April 1, 2024, between Collier County and the vendor, and issue a purchase order to Ferguson Enterprise, LLC, for the purchase of inventory pipes, parts and materials, in a total expense amount not to exceed $200,000.00. The funding for this expenditure is to be charged to the Water & Sewer Division Fund – Inventory – Pipes, Valves & Fittings Account No. 450.000.141.001. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. T. ADD-ON ITEM: Request permission to utilize City of Boynton Beach Bid No. WH22-048 – Annual Supply of Pipe Fittings and Accessories, effective through October 4, 2023, and issue a purchase order to FortiLine, Inc., for the purchase of, pipes, materials, and accessories for the Department of Public Works, in a total expense amount not to exceed $200,000.00. 3/2/2023 2:26 PM  The funding for this expenditure is to be charged to the Water & Sewer Division Fund – Inventory – Pipes, Valves & Fittings Account No. 450.000.141.001. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. U. Request permission to issue two purchase orders to Consolidated Pipe & Supply Company, Inc., sole source vendor of Zenner meters, with the first purchase order in the amount of $41,976.00 to purchase six hundred (600) 5/8-inch Zenner water meters, and the second purchase order in the amount of $72,120.00 for the purchase of forty (40) 3-inch water meters, and seventy (70) 2-inch water meters, for a total cumulative expense amount not to exceed $114,096.00. The funding for this expenditure is to be withdrawn from the Water & Sewers Division Fund – Inventory – Meters & Meter Boxes Account No. 450.0000.141.004. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. V. ADD-ON ITEM: Request permission to utilize a Professional Services Agreement – Revenue Enhancement Study for Utilities, between Clay County Utility Authority and this vendor, and issue a purchase order to ISI Water Company, for revenue recovery through the evaluation of a utility’s billing system, as well as distribution and collection systems, and further request permission for the City to issue payment of forty-five percent (45%) of the additional revenue collected on the found accounts and the City keep the remaining fifty-five percent (55%) for the initial five year period and then all found revenue would belong to the City. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. W. ADD ON ITEM: Request from New Bethel A.M.E. Church, located at 2275 West 5th Way, Hialeah, Florida, for a street closure permit to close West 23rd Street from West 5th Avenue to West 5th Way, for the Black History Month Celebration in Seminola, to include popup tents and food trucks, on Saturday, February 18, 2023 from 10:00 a.m. to 6:00 p.m., with the event taking place from 1:00 p.m. to 5:00 p.m. and set up commencing at 10:00 a.m., with an expectancy of approximately 150 attendees, subject to the requirements of the Hialeah Police Department, the Hialeah Fire Department, the Hialeah Parks and Recreation Department, and the Hialeah Streets Department. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 3/2/2023 2:26 PM  X. ADD ON ITEM: Proposed resolution strongly opposing a proposal for cashless bail allowing criminals to be released on their own recognizance (ROR); providing for transmittal; and providing for an effective date. (ADMINISTRATION) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. RESOLUTION NO. 2023-018 Y. ADD ON ITEM: Request from St. John the Apostle Catholic Church, located at 475 East 4th Street, Hialeah, Florida, to host a carnival on church grounds, including rides, games, food trailers, giveaways and flea market on Thursday, March 2, 2023 from 6:00 p.m. to 10:00 p.m., Friday, March 3, 2023 from 6:00 p.m. to 11:00 p.m., Saturday, March 4, 2023 from 2:00 p.m. to 11:30 p.m., and Sunday, March 5, 2023 from 12:00 p.m. to 10:00 p.m., with an expectancy of approximately 1,500 attendees, subject to recommendations from the Police Department and Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 11. ADMINISTRATIVE ITEMS 11 A. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 46 entitled “Historical Preservation” of the Code of Ordinances, and in particular, revising Hialeah Code § 46-40 entitled “Powers and Duties” to prohibit the naming of City buildings, facilities, parks, rights-of-way and other city properties if any person has a felony conviction, unless waived by a 5/7 vote of the City Council; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in the code; providing for a severability clause and providing for an effective date. (ADMINISTRATION) ITEM IS POSTPONED UNTIL THE CITY COUNCIL MEETING OF FEBRUARY 28, 2023. On January 24, 2023, the City Council postponed the item until February 14, 2023 at the Mayor’s request. On January 10, 2023, the City Council tabled the item until January 24, 2023 at the Mayor’s request. On December 13, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 10, 2023. 3/2/2023 2:26 PM 11 B. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 2 entitled “Administration”, Article III. entitled “Boards, Commissions and Committees”, by amending Division 3 entitled “Cultural Affairs Council” by designating it as the “Cultural Affairs Committee” and striking special events from its responsibilities; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (ADMINISTRATION) On January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14, 2023. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. ORDINANCE NO. 2023-014 REPORT: Council President Perez 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 11 B made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 4-0-3 with Council Vice President Garcia- Roves, Council Member Calvo and Council Member Rodriguez absent. 11 C. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 18, entitled “Businesses”, Article II. “Special Events”; §18-26 “Purpose and Definitions” to provide that a commercial event is not only for renumeration or monetary gain; and §18-30 “Application Process” eliminating review by the Cultural Affairs Council Committee to conduct special events; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (ADMINISTRATION) On January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14, 2023. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. ORDINANCE NO. 2023-015 REPORT: Council President Perez 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 11 C made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 11 D. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 2 of the Code of Ordinances of the City of Hialeah entitled “Administration,” Article II 3/2/2023 2:26 PM  “Departments, Offices and Divisions,” to change the Division Head title for the Division of Finance and the Budget Division from Assistant Director to Division Director; 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 January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14, 2023. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. ORDINANCE NO. 2023-016 REPORT: Council President Perez 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 11 D made by Council Member Zogby, and seconded by Council Member Casáls-Muñoz. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 11 E. ORDINANCE: Second reading and public hearing of proposed ordinance providing for a Primary Election to be held on Tuesday, November 7, 2023 and a General Election to be held on Tuesday, November 21, 2023, providing for the Miami-Dade County Elections Department to conduct these elections and other matters relating thereto; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; and providing for an effective date. (OFFICE OF THE CITY CLERK) On January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14, 2023. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. ORDINANCE NO. 2023-017 REPORT: Council President Perez 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 11 E made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 11 F. ORDINANCE: Second reading and public hearing of proposed ordinance setting the election date for the General Election for the year 2023 for the date of Tuesday, November 21, 2023 for the Office of the City Council whose terms have expired, pursuant to municipal powers vested by state law according to Florida Statutes §§ 166.021(4) and 100.3605(2) in order to conduct elections on the same date as other municipalities; repealing all ordinances or parts of ordinances 3/2/2023 2:26 PM  in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. (OFFICE OF THE CITY CLERK) On January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14, 2023. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. ORDINANCE NO. 2023-018 REPORT: Council President Perez 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 11 F made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 11 G. ORDINANCE: Second reading and public hearing of proposed ordinance providing for the early voting time and location as allowed by state law, specifically, Sections 101.657(1)(a)-(1)(d), Florida Statutes; designating JFK Library as an early voting site for the November 7, 2023 City of Hialeah Primary Election; beginning on Monday, October 30, 2023, from 7:00 a.m. to 7:00 p.m., on Tuesday, October 31, 2023, from 7:00 a.m. to 7:00 p.m., on Wednesday, November 1, 2023, from 7:00 a.m. to 7:00 p.m.; on Thursday, November 2, 2023, from 7:00 a.m. to 7:00 p.m.; Friday, November 3, 2023, from 7:00 a.m. to 7:00 p.m., on Saturday, November 4, 2023, from 9:00 a.m. to 4:00 p.m., and on Sunday, November 5, 2023, from 9:00 a.m. to 4:00 p.m.; and providing for early voting at JFK Library for the General Election, if a General Election is held, and in particular, on Friday, November 17, 2023, from 7:00 a.m. to 7:00 p.m., on Saturday, November 18, 2023, from 9:00 a.m. to 4:00 p.m. and on Sunday, November 19, 2023, from 9:00 a.m. to 4:00 p.m.; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. (OFFICE OF THE CITY CLERK) On January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14, 2023. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. ORDINANCE NO. 2023-019 REPORT: Council President Perez 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 11 G made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 3/2/2023 2:26 PM 11 H. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 78 entitled “Solid Waste”, of the Code of Ordinances; Article II. entitled “Nuisances”, Section 78-37 entitled “Donation Bins Prohibited” to allow for donation bins on City owned property; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violations hereof; providing for inclusion in code; providing a severability clause; and providing for an effective date. (ADMINISTRATION) On January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14, 2023. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. ORDINANCE NO. 2023-020 REPORT: Council President Perez 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 11 H made by Council Member Zogby, and seconded by Council Member Casáls-Muñoz. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 11 I. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 98, entitled “Zoning”, Article VI. “Supplementary District Regulations”, Division 5. “Uses” creating Subdivision XIV entitled “Private Schools” creating regulations that provide the safety and wellness of school aged children and require proper traffic and adequate internal circulation and ensure compatibility of uses; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (SPONSOR: COUNCIL MEMBER TUNDIDOR) APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. REPORT: Debora Storch, City of Hialeah Planning and Zoning Official, spoke on the item. REPORT: Lorena Bravo, City Attorney, spoke on the item. REPORT: Willians Guerra, Chief of the Hialeah Fire Department, spoke on the item. REPORT: Motion to Approve Item 11 I made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 4-0-3 with Council Vice President Garcia- Roves, Council Member Calvo and Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 28, 2023. 3/2/2023 2:26 PM  12. UNFINISHED BUSINESS None Reported. 13. NEW BUSINESS None Reported. 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-3 Grade Elementary School with a maximum capacity of 27 students to be dropped off and picked up in 3 shifts in conjunction with a 14-children daycare and a total of 5 staff members; and granting a variance permit to allow 6 parking spaces, where 9 parking spaces are required; contra to Hialeah Code of Ordinances §98-2189(4)d; Property located at 367 West 29 Street, Hialeah, zoned C-2 (Liberal 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 January 24, 2023, the item was postponed until February 14, 2023, per the applicant’s request. On January 10, 2023, the second reading and public hearing was postponed until January 24, 2023, per the applicant’s request. On December 13, 2022, the second reading and public hearing was postponed until January 10, 2023, per the applicant’s request. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Precious Little Angels. On November 8, 2022, the City Council approved the item on first reading. Second reading and public hearing was scheduled for December 13, 2022. On October 26, 2022, the Planning and Zoning Board recommended approval subject to the following conditions: (1) the school have no overlapping shifts, (2) the daycare schedule will not coincide with the elementary school drop-off and pick-up times, (3) school personnel will assist in the drop-off/pick-up process, (4) the drop-off area will remain clear at all times, (5) teachers and staff shall not exceed five members, (6) the daycare is limited to 14 children and (7) the school maximum capacity is limited to 27 students. The applicant 3/2/2023 2:26 PM  shall also acknowledge that the after-school/tutoring business is independent from the school operation, and the parking variance could be approved with the condition that the existing parking is assigned to teachers and staff and that no parking of any duration is allowed at the circular driveway designated for drop-off. Planner’s Recommendation: Approval with conditions. Property Owners: J & P Property Enterprises Inc., 367 West 29th Street, Hialeah FL 33012 Lazaro Picallo 367 West 29th Street, Hialeah, Florida 33012 Vivian Jimenez, 673 West 60th Street, Hialeah, Florida 33012 APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. ORDINANCE NO. 2023-021 REPORT: Council President Perez opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, addressed the City Council via Zoom. REPORT: Debora Storch, City of Hialeah Planning and Zoning Official, spoke on the item. REPORT: Lorena Bravo, City Attorney, spoke on the item. REPORT: Motion to Approve Item PZ 1 with the conditions made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. PZ 2. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from R-1 (One-Family District) to R-2 (One-and Two-Family Residential District); granting a variance permit to allow the construction of a duplex on a substandard lot with a frontage of 60 feet and lot area of 6,000 square feet, where 75 feet and 7,500 square feet are required; allow a 20 foot front setback, where 25 feet are required; all contra to Hialeah Code of Ordinances §§ 98-544 and 98-545. Property located at 830 East 16 Place, 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. PENDING APPLICATION FOR REZONING AND VARIANCES HAS BEEN WITHDRAWN BY THE APPLICANT On January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14,2023. 3/2/2023 2:26 PM PZ On December 13, 2022, the item was tabled by the City Council until January 24, 2023. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, on behalf of Elier Martin On November 16, 2022, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval Property Owner: Elier Martin and Yida Martin 425 SE 9th Avenue, Hialeah, Florida 33010. 3. ORDINANCE: Second reading and public hearing 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 Neighborhood Business District Overlay; and granting a variance permit to allow only residential uses, where a vertical mix of uses is required; allow residential use on the ground floor, where residential uses are only allowed above the ground level; allow front setback of 3 feet fronting East 6 Avenue, 7.25 feet fronting East 26 Street and 8 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, 98-1630.2, 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 January 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 14,2023. Registered Lobbyist: Registered Lobbyist: Hugo P. Arza, Esq., Alejandro J. Arias, Esq., and Alessandria San Roman, Esq., 701 Brickell Avenue, Suite 3300, Miami FL 33131, on behalf of Hialeah R.E. Investment, LLC On January 11, 2023, 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. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and 3/2/2023 2:26 PM  Council Member Rodriguez absent. ORDINANCE NO. 2023-022 REPORT: Council President Perez opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Alejandro J. Arias, Esq., 701 Brickell Avenue, Suite 3300, Miami FL 33131, addressed the City Council. REPORT: Motion to Approve Item PZ 3 made by Council Member Zogby and seconded by Council Member Tundidor. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. PZ 4. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances §98-181 to allow a K-4 grade elementary school with a maximum capacity of 100 students in conjunction with a 43 children daycare; Property located at 1905 West 35 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 FEBRUARY 28, 2023. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida PZ 33016, on behalf of Growing Treasures Private School, Corp. On January 25, 2023, the Planning and Zoning Board recommended approval with the following conditions: (1) that cars on the proposed pick-up/drop-off lane need to enter through the West 20th Avenue entrance and exit through the one on West 25th Street, (2) a minimum of 2 staff members need to assist in traffic circulation and pick-up/drop-off to make sure cars enter on West 20th Avenue, exit on West 35th Street, and move quickly, (3)bollards need to be installed around the entire perimeter of the playground within 3 months of the approval of the ordinance, (4) expansion of the original daycare into an adjacent bay needs to be legalized if no proof of permit is provided and (5) school operator needs to make sure that dumpsters are within the walls built for that purpose and not interrupting the area designated for the drop-off pick-up lane. Planner’s Recommendation: Approval with conditions. Property Owner: Growing Treasures Private School Corp., 1905 West 35th Street, Hialeah, FL 33012 Jacqueline Senra, 16801 NW 77 Place, Miami Lakes, Florida 33016. Madeline Paredes, 2950 SW 174 Way, Miramar, Florida 33029. 5. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances §98-161 to allow a mural outside the Artist Live/Work Overlay District (ALWOD) geographic area, where murals are only allowed in the Alwod District. Property located at 1675 West 49 Street, Space 1004, Hialeah, zoned C-2 (Liberal Retail Commercial District); Repealing all ordinances or parts of ordinances in conflict herewith; 3/2/2023 2:26 PM  providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Min Hwang Jang (Cindy), 330 West 34th Street, 3rd FL, New York, NY 10001, on behalf of Footlocker Retail, Inc On January 25, 2023, the Planning and Zoning Board recommended approval with the conditions that when the retailer (Foot Locker) no longer uses the bay the murals shall be removed and that any design change will require a new SUP. Planner’s Recommendation: Approval with conditions Property Owner: Centennial Westland Mall Partners, LLC 1675 West 49th Street, Hialeah, Florida 33012. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. REPORT: Debora Storch, City of Hialeah Planning and Zoning Official, spoke on the item. REPORT: Min Hwang Jang (Cindy), 330 West 34th Street, 3rd FL, New York, addressed the City Council via Zoom. REPORT: Motion to Approve Item PZ 5 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 28, 2023. PZ 6. Recommendation of Denial: Recommendation of Denial by the Planning and Zoning Board to allow a Prescribed Pediatric Extended Care (PPEC) with a maximum of four (4) patients and two (2) staff members. Property located at 1022 East 8th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). ITEM IS POSTPONED UNTIL THE CITY COUNCIL MEETING OF FEBRUARY 28, 2023. On January 24, 2023, the item was postponed until February 14, 2023, per the applicant’s request. On January 10, 2023, the item was postponed until January 24, 2023, per the applicant’s request. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Martha Alvarez. On December 14, 2022, the Planning and Zoning Board recommended denial. 3/2/2023 2:26 PM  Planner’s Recommendation: Denial Property Owner: Martha Alvarez, 1022 East 8th Avenue, Hialeah, Florida 33010. 15. LANDUSE LU 1. First reading of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Residential Office. Property located at 320 NE 8 Avenue, 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 January 24, 2023, the City Council overturned the Recommendation of Denial of the Planning and Zoning Board. First reading is scheduled for February 14, 2023. On January 10, 2023, the City Council tabled the item until January 24, 2023. On December 13, 2022, the City Council tabled the item until January 10, 2023. Registered Lobbyist: Frank de la Paz, 9361 Bird Road, Miami, Florida on behalf of Juan C. Carballo and Gipsy Suarez On November 16, 2022, the Planning and Zoning Board recommended denial. Planner’s Recommendation: Denial Property Owner: Juan C. Carballo and Gipsy Suarez, 320 NE 8th Avenue, Hialeah, Florida 33010. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. REPORT: Frank de la Paz, 9361 Bird Road, Miami, Florida, addressed the City Council. REPORT: Motion to Approve Item LU 1 made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 28, 2023. LU 2. Recommendation of Denial by the Planning and Zoning Board amending the Future Land Use Map from Medium-Density Residential to Commercial. Property located 445 West 11 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. ITEM IS POSTPONED UNTIL THE CITY COUNCIL MEETING OF FEBRUARY 28, 2023. 3/2/2023 2:26 PM  On January 24, 2023, the item was postponed until February 14, 2023, per the applicant’s request. On January 10, 2023, the item was postponed, per the applicant’s request, until January 24, 2023. On December 13, 2022, the item was postponed until January 10, 2023, per the applicant’s request. On November 16, 2022, the Planning and Zoning Board recommended denial. Planner’s Recommendation: Denial Property Owner: Odalys Fernandez, 445 West 11 Street, Hialeah, Florida 33010. 16. FINAL DECISIONS FD 1. Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2023-01 granting an adjustment on the property located at 120 East 53 Terrace, Hialeah, Zoned R-1 (One-Family District); and providing for an effective date. On January 11, 2023, the Planning and Zoning Board recommended approval with conditions that the pergola remains an open-air structure and will not be converted into a detached habitable addition. Planner’s Recommendation: Approval with conditions. Property Owner: Juan Santamaria Le, 120 East 53 Terrace, Hialeah, Florida 33013. Marta Santamaria Le, 120 East 53 Terrace, Hialeah, Florida 33013. Rem Nataly Ortega, 120 East 53 Terrace, Hialeah, Florida 33013. Rem Andres Mario Ortega, 120 East 53 Terrace, Hialeah, Florida 33013. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. REPORT: Debora Storch, City of Hialeah Planning and Zoning Official, spoke on the item. RESOLUTION NO. 2023-019 REPORT: Motion to Approve Item FD 1 made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. FD 2. Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2023-02 granting an adjustment on the property located at 875 East 8th Street, zoned R-1 (One-Family District); and providing for an effective date. On January 11, 2023, the Planning and Zoning Board recommended approval with the 3/2/2023 2:26 PM  conditions that no exterior doors are added to the gym and that the property will continue to abide by the 30 percent drainage requirements once the work is complete. Planner’s Recommendation: Approval with conditions. Property Owner: Dayan Daniel Gonzalez Florin, 875 East 8th Street, Hialeah, Florida 33010. APPROVED 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. REPORT: Debora Storch, City of Hialeah Planning and Zoning Official, spoke on the item. RESOLUTION NO. 2023-020 REPORT: Motion to Approve Item FD 2 made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 4-0-3 with Council Vice President Garcia-Roves, Council Member Calvo and Council Member Rodriguez absent. 17. CITY COUNCIL DISCUSSION None reported. 18. ADJOURNMENT A. REPORT: Council President Perez adjourned the meeting at 8:05 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, February 28, 2023 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, February 28, 2023 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. 3/2/2023 2:26 PM 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). 3/2/2023 2:26 PM