City Council

Esteban Bovo, Jr. Council Members SE Mayor Bryan Calvo 7 Vivian Casàls-Muñoz OMBMonica 0 Perez Luis Rodriguez President Jesus Tundidor Carl Zogby Jacqueline Garcia-Roves Vice President Meeting of the City Council Second Budget Hearing for Fiscal Year 2024 Minutes September 27, 2023 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council Vice President Garcia-Roves called the meeting to order at 7:04 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with the following Council Members present: 1. Council Vice President Garcia-Roves 2. Council Member Casáls-Muñoz 3. Council Member Calvo 4. Council Member Rodriguez 5. Council Member Tundidor 6. Council Member Zogby B. REPORT: 1. Council President Perez arrived at 7:15 p.m. during the Comments and Questions portion of the meeting. 3. INVOCATION A. The invocation was led by Marbelys Fatjo, City Clerk. 10/6/2023 1:43 PM  4. PLEDGE OF ALLEGIANCE A. The Pledge of Allegiance was led by Council Member Tundidor. 5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Members of the public, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, 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 for the record. 10/6/2023 1:43 PM  6. 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: Three (3) members of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting. 1. Juan Santana, 5601 West 10th Avenue, spoke regarding the franchise fee and a DERM related fee on the bill from the City’s Public Works Department. REPORT: Mayor Bovo responded. 2. Eric Johnson, Local 1102, spoke regarding the Hialeah Fire Department. 3. Jorge Perez, 1680 East 5th Avenue, addressed the City Council regarding the quality of life in Hialeah, as well as illegal street parking, overdevelopment and the response time of the Hialeah Police Department. 4. Jessica Santana, 5601 West 10 Avenue, spoke to request that Jorge Perez be granted three additional minutes to speak. 7. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA None reported. 8. PRESENTATIONS REPORT: Mayor Bovo thanked the City Council Members and staff. 9. AGENDA A. Second reading and public hearing of proposed ordinance of the Mayor and the City Council of the City of Hialeah, Florida accepting for budget purposes the Miami-Dade County assessment roll; establishing a tax millage rate of 6.3018 mills for fiscal year 2024, commencing on October 1, 2023 and ending on September 30, 2024, which is an increase of 13.07% over the roll back rate of 5.5736; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. 10/6/2023 1:43 PM  On September 13, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. ORDINANCE NO. 2023- 100 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers expressed interest in speaking. REPORT: Motion to Approve Item 9A made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo voting “No”. B. Second reading and public hearing of proposed ordinance approving and adopting the General Fund Budget for the City of Hialeah, Florida for fiscal year 2024, commencing on October 1, 2023 and ending on September 30, 2024; repealing all ordinances or parts of ordinances in conflict herewith; providing penalty for violation hereof; providing for a severability clause; and providing for an effective date. On September 13, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. ORDINANCE NO. 2023- 101 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers expressed interest in speaking. REPORT: Motion to Approve Item 9B made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo voting “No”. C. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Public Works Fund of the City of Hialeah, Florida for fiscal year 2024, commencing on October 1, 2023 and ending on September 30, 2024; approving water and sewer rate increases, as provided for herein, to maintain proper coverage ratios as required by outstanding bond covenants; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. On September 13, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. ORDINANCE NO. 2023-102 REPORT: Council President Perez opened the item for public participation and two (2) members of the public present in the Council Chambers expressed interest in speaking. 10/6/2023 1:43 PM  1. Juan Santana, 5601 West 10 Avenue, spoke regarding pump stations. REPORT: Kevin Lynskey, Director of Public Works, responded. 2. Eric Johnson, Local 1102, spoke. REPORT: Mayor Bovo spoke on the item. REPORT: Motion to Approve Item 9C made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo voting “No”. D. Public Hearing: Proposed resolution of the Mayor and the City Council of the City of Hialeah, Florida reaffirming the current rate of 4.0% of all sales of wastewater service and all sales of water service within the City as payment in lieu of franchise fee pursuant to Hialeah, Fla. Code §94-163 for fiscal year 2024, beginning on October 1, 2023; and providing for an effective date. On September 13, 2023, the item was deferred by the City Council until the Second Budget Hearing of the City Council scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. RESOLUTION NO. 2023-119 REPORT: Council President Perez opened the item for public participation and one (1) member of the public present in the Council Chambers expressed interest in speaking. 1. Juan Santana, 5601 West 10 Avenue, addressed the City Council on the item. REPORT: Rafael Rivas-Suarez, City Attorney, spoke on the item. REPORT: Motion to Approve Item 9D made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo voting “No”. E. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Streets Fund of the City of Hialeah, Florida for fiscal year 2024, commencing on October 1, 2023 and ending on September 30, 2024; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. On September 13, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. ORDINANCE NO. 2023-103 REPORT: Council President Perez opened the item for public participation and one (1) member of the public present in the Council Chambers expressed interest in speaking. 10/6/2023 1:43 PM  1. Juan Santana, 5601 West 10 Avenue, spoke on the item. REPORT: Motion to Approve Item 9E made by Council Member Casáls-Muñoz, and seconded by Council Member Rodriguez. Motion passes 6-1 with Council Member Calvo voting “No”. F. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Stormwater Fund of the City of Hialeah, Florida for fiscal year 2024, commencing on October 1, 2023 and ending on September 30, 2024; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. On September 13, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. ORDINANCE NO. 2023- 104 REPORT: Council President Perez opened the item for public participation and no members of the public present in the Council Chambers expressed interest in speaking. REPORT: Motion to Approve Item 9F made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo voting “No”. G. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Special Revenue Funds of the City of Hialeah, Florida for fiscal year 2024, commencing on October 1, 2023 and ending on September 30, 2024; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. On September 13, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. ORDINANCE NO. 2023- 105 REPORT: Council President Perez opened the item for public participation and no members of the public present in the Council Chambers expressed interest in speaking. REPORT: Motion to Approve Item 9G made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo voting “No”. H. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Capital Project Funds of the City of Hialeah, Florida for fiscal year 2024, commencing on October 1, 2023 and ending on September 30, 2024; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. 10/6/2023 1:43 PM  On September 13, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. ORDINANCE NO. 2023- 106 REPORT: Council President Perez opened the item for public participation and no members of the public present in the Council Chambers expressed interest in speaking. REPORT: Motion to Approve Item 9H made by Council Member Casáls-Muñoz, and seconded by Council Member Rodriguez. Motion passes 6-1 with Council Member Calvo voting “No”. I. Second reading and public hearing of proposed ordinance approving and adopting the budget for the Debt Service Funds of the City of Hialeah, Florida for fiscal year 2024, commencing on October 1, 2023 and ending on September 30, 2024; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. On September 13, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 27, 2023. APPROVED 6-1 with Council Member Calvo voting “No”. ORDINANCE NO. 2023-107 REPORT: Council President Perez opened the item for public participation and no members of the public present in the Council Chambers expressed interest in speaking. REPORT: Motion to Approve Item 9I made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 6-1 with Council Member Calvo voting “No”. REPORT: Council President Perez adjourned the meeting at 8:07 p.m. NEXT CITY COUNCIL MEETING: Tuesday, October 10, 2023 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, November 28, 2023 at 6:30 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 883- 5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of 8:30 a.m. and 5:00 p.m. Persons wishing to appeal any decision made by the City Council, with respect to any matter considered at the meeting, will need a record of the proceedings and, for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 10/6/2023 1:43 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). 10/6/2023 1:43 PM