City Council

Esteban Bovo, Jr. Council Members Mayor Bryan Calvo Vivian Casàls-Muñoz Monica Perez Luis Rodriguez President Jesus Tundidor Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Minutes October 10, 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 all Council Members present. B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Rafael Suarez-Rivas, City Attorney, was present. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Member Zogby led the Pledge of Allegiance. 5. MEETING GUIDELINES 10/18/2023 12:31 PM  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 for the record. 6. PRESENTATIONS A. Council President Perez spoke on late Officer Anthony Caabeiro, as well as on the situation in Israel. B. Council President Perez presented a proclamation to Perla de Esperanza Foundation, declaring 10/18/2023 12:31 PM  October Domestic Violence and Breast Cancer Awareness Month in the City of Hialeah. REPORT: Roxana Silvera, 4720 NW 85 Avenue, Doral, Florida, addressed the City Council on behalf of the Perla de Esperanza Foundation. REPORT: Council President Perez called a recess for the presentation of the illumination of City Hall in support of Breast Cancer Awareness Month and Domestic Violence. REPORT: Council President Perez called the meeting to order at approximately 7:23 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: Three (3) members of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting. 1. Marie Rice, 771 East 47th Street, spoke regarding sidewalks being blocked by vehicles, boats and recreational vehicles in Hialeah. REPORT: George Fuente, Hialeah Police Chief, spoke on the matter. REPORT: Mayor Bovo spoke. 2. Ernesto Proveyer, 1155 West 77 Street, spoke regarding landlords increasing the amount of rent to be paid by tenants, City parks being closed on holidays, and car insurance rates for Hialeah residents. REPORT: Mayor Bovo spoke. 3. Charlie Morrell, student at Miami-Dade College, spoke regarding rental increases to tenants by landlords and the housing crisis. 4. Antonio Esprol, General Manager of Olive Garden located at 1350 West 49 Street, spoke regarding code enforcement citations that have been issued to the restaurant for trash and litter being dumped on the property which does not belong to the restaurant. 5. Juan Santana, 5601 West 10th Avenue, spoke on Administrative Item 11B and the rental of recreational vehicles. 6. Daniel Godoy (minor), spoke regarding traffic in the City. 10/18/2023 12:31 PM  7. Gabriel Rodriguez, 361 East 12 Street, commended the Mayor, City Council, Chief of Police and the Hialeah Police Department. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. The following items have been amended: 1. Consent Item CC 2. Consent Item GG 3. Consent Item FF B. Item PZ 3 is postponed until November 14, 2023. 9. BOARD APPOINTMENTS None reported. 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: Council Member Calvo requested a separate discussion on Consent Items M, T, W, and FF. REPORT: Motion to Approve the Consent Agenda, made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 7-0. A. Request permission to approve the minutes of the City Council Meeting held on September 26, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 7-0 B. Request permission to approve the minutes of the Budget Hearing for fiscal year 2024 held on September 27, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) 10/18/2023 12:31 PM  APPROVED 7-0 C. Request for a Special Events Permit from Genesis Guardado, on behalf of MD Turbines Foundation Inc., located at 3850 West 108th Street, Suite 1, to host a Veteran’s Fundraiser Event, expecting approximately 250 to 300 attendees, on Friday, November 3, 2023 from 6:00 p.m. to 2:00 a.m. and Saturday, November 4, 2023 from 6:00 a.m., to 1:30 p.m., to be held at 3760 West 108th Street, Hialeah, Florida, in accordance with the recommendations from the Hialeah Fire Department, Hialeah Police Department and Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 D. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, approving the expenditure in an amount not to exceed $143,122.50 from the City’s Capital Outlay-Vehicle Account for the purchase of three (3) 2023 Ford T250 Transit Cargo Vans from Gus Machado Ford, Inc., and providing for an effective date. (CONSTRUCTION & MAINTENANCE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-120 E. Request permission to issue a purchase order to Home Depot, for the purchase of general maintenance materials for the maintenance of city-wide facilities, in a total expense amount not to exceed $125,000.00. On September 27, 2022, the City Council approved to utilize Maricopa County, Arizona Contract No. R16154 – Maintenance, Repair, Operating Supplies, Industrial Supplies and Related Products and Services, contract which is effective through December 31, 2026. The funding for the expenditure will be drawn against the General Fund – Inventory – Construction & Maint Account No. 001.0000.141.150. (CONSTRUCTION & MAINTENANCE DEPARTMENT) APPROVED 7-0 F. RESOLUTION: Proposed resolution approving a piggyback contract by Miami-Dade County Contract # EVN0001442, with an open purchase order with Sunshine Gasoline Distributors Inc. for the purchase of gas and diesel fuel for all City vehicles and equipment; and additionally authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Sunshine Gasoline Distributors, Inc. in an amount not to exceed $2,380,000.00, for a term from October 1, 2023 to September 30, 2024, and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 10/18/2023 12:31 PM  RESOLUTION NO. 2023-121 G. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to enter into an agreement with Robert L. Hughes Company Inc. to repair and certify fuel stations within the City; and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-122 H. Request permission to issue a purchase order to VENDOR (name which is confidential and exempt from public disclosure pursuant to Section 119.0725 of the Florida Statutes), sole source vendor, for maintenance and support services of the Police and Fire Computer Aided Dispatch and Records Management Systems for fiscal year 2024, in a total expense amount not to exceed $387,716.62. The funding for this expenditure is to be withdrawn as follows: $310,173.30 from the General Fund – Repair & Maintenance – Equipment Account No. 001.1000.521.462 and $77,543.32 from the Fire Rescue Transportation Fund – Repair & Maintenance – Building Account No. 109.2000.522.461. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 I. 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 the expenditure will be drawn against the General Fund – Professional Services Account No. 001.0201.519.310. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 J. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Mesa ("Mesa") Contract #2018011, also known as the Omina Partner-IT Solutions Contract #R 220804 for the purchase of Adobe licensing for various City departments; and additionally authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to City of Mesa vendor SH International Corp. aka Software House International in an amount not to exceed $50,000.00, for a term from October 1, 2023 to February 28, 2025 and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 10/18/2023 12:31 PM  RESOLUTION NO. 2023-123 K. Request permission to issue a purchase order to VENDOR (name which is confidential and exempt from public disclosure pursuant to Section 119.0725 of the Florida Statutes), for the renewal of the Disaster Recovery as a Service Solution (DRaaS) for fiscal year 2024, in a total cumulative amount not to exceed $120,000.00. On April 12, 2022 the City Council approved the usage of Government Services Administration Federal Acquisition Service Contract No. GS-35F573GA, contract which expires on July 26, 2027. The funding for the expenditure will be drawn against the General Fund - Contractual Services Account No. 001.0201.519.340. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 L. RESOLUTION: Proposed resolution approving a Governmental Representation Agreement, in substantially the form attached, with Sun City Strategies, LLC (“Sun”), to inform the City and advocate for the City on issues identified in its state and federal legislative agenda and help in advancement of the City’s mission and public policy goals before Congress and administrative agencies of the federal and state government in an amount of $3,200.00 per month; for a term of two years; authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute a Governmental Representation Agreement, substantially in the form approved by the City Attorney; and providing for an effective date. (OFFICE OF THE MAYOR) APPROVED 7-0 RESOLUTION NO. 2023-124 M. RESOLUTION: Proposed resolution approving a contract for services in substantially the form attached, with Corcoran & Associates, Inc. d/b/a Corcoran Partners ("Firm" ), to represent the City ("City'' or "Client") before the Florida Legislature, executive agencies, and other governmental entities, agencies or departments within the State of Florida, in an amount of $3,000.00 per month; for a term of one year; authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute a contract for services, substantially in the form attached; and providing for an effective date. (OFFICE OF THE MAYOR) APPROVED 7-0 RESOLUTION NO. 2023-125 REPORT: Mayor Bovo responded to Council Member Calvo. Motion to Approve Consent Item M made by Council Member Calvo, and seconded by Council Member Casàls-Muñoz. Motion passes 7-0. 10/18/2023 12:31 PM  N. RESOLUTION: Proposed resolution approving a Consulting Agreement ("Agreement") in substantially the form attached, with Becker & Poliakoff, P.A. ("Consultant"), to represent the City ("City" or "Client") before the legislative and executive branches of the federal government, in an amount of $4,166.67 per month; for a term of one year; authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute a Consulting Agreement, substantially in the form attached; and providing for an effective date. (OFFICE OF THE MAYOR) APPROVED 7-0 RESOLUTION NO. 2023-126 O. RESOLUTION: Proposed resolution pursuant to Section 166.0451, Florida Statutes, has compiled a list of all real property owned by the City appropriate for use as Affordable Housing; providing for “Exhibit A” to be made available on the City’s website; and providing for an effective date. (OFFICE OF THE MAYOR) APPROVED 7-0 RESOLUTION NO. 2023-127 P. RESOLUTION: Proposed resolution approving the Federal Fiscal Year 2022 (FY22) Project Safe Neighborhoods (PSN) Grant Application by the City of Hialeah, as participating agency, under the administration of the Department of Justice (DOJ), the Office of Criminal Justice Grants (OCJG) and the Florida Department of Law Enforcement (FDLE) to assist the Hialeah Police Department with funding overtime for sworn officers and/or purchase equipment, services and technology to aid in reducing violent crimes in the City of Hialeah, and the total award that may be funded through this grant is in an amount not to exceed $301,026.00; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof, and accept any awarded grant, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-128 Q. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk, on behalf of the City, to enter into a Mutual Aid Agreement with the City of Coral Gables as a participating municipal police department to provide for the requesting and rendering of assistance for routine and intensive law enforcement situations to take effect upon full execution and approval by therein named officials and shall continue in full force and effect for (5) years after it takes effect, a copy of which is part hereof as Exhibit “1”, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 10/18/2023 12:31 PM  RESOLUTION NO. 2023-129 R. Request permission to utilize City of Boynton Beach Bid No. WH22-048 - Annual Supply of Pipe Fittings and Accessories, effective through October 4, 2024, and issue a purchase order to Core & Main LP, for the purchase of pipes, materials and accessories, in a total expense amount not to exceed $250,000.00. The funding for the expenditure will be drawn against the Water & Sewers Division Fund – Inventory - Pipes, Valves & Fittings Account No. 450.0000.141.001. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 S. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Miami and Xylem authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Xylem Water Solutions in the amount not to exceed $350,000.00, for the purchase of pumps and pump repairs and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A", until September 30, 2024. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 RESOLUTION NO. 2023-130 T. Request permission to utilize City of Boynton Beach Bid No. WH22-048 - Annual Supply of Pipe Fittings and Accessories, effective through October 4, 2024, and issue a purchase order to FortiLine, Inc., for the purchase of general inventory and hydrant parts, in a total expense amount not to exceed $250,000.00. The funding for the expenditure will be drawn against the Water & Sewers Division Fund – Inventory - Pipes, Valves & Fittings Account No. 450.0000.141.001. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 REPORT: Kevin Lynskey, Director of the Hialeah Department of Public Works, responded to Council Member Calvo. Motion to Approve Consent Item T made by Council Member Calvo, and seconded by Council Member Casàls-Muñoz. Motion passes 7-0. U. 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, 2024, for the collection of recyclables citywide, in a total expense amount not to exceed $1,500,000.00. The funding for the expenditure will be drawn against the Solid Waste Division Fund - Recycling Collection Costs Account No. 401.3240.534.435. 10/18/2023 12:31 PM  (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 V. 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, 2027, for the collection of household garbage, yard and bulk waste citywide, in a total expense amount not to exceed $8,900,000.00. The funding for the expenditure will be drawn against the Solid Waste Division Fund - Garbage Collection Costs Account No. 401.3240.534.434. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 W. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue and execute a purchase order to Jormak Equipment and Consulting Inc. for the purchase of hydrant repair and replacement; approving the expenditure in an amount not to exceed $600,000.00, for fiscal year 2024. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 RESOLUTION NO. 2023-131 REPORT: Kevin Lynskey, Director of the Hialeah Department of Public Works, responded to Council Member Calvo. REPORT: Mayor Bovo spoke on the item. Motion to Approve Consent Item W made by Council Member Tundidor, and seconded by Council Member Casàls-Muñoz. Motion passes 7-0. X. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue and execute a purchase order to Hadronex, Inc., for the purchase of smartcovers; approving the expenditure in an amount not to exceed $38,549.00, and providing an effective date. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 RESOLUTION NO. 2023-132 Y. Request permission to increase Purchase Order No. 2023-323, issued to VisualScape, Inc., for the payment of invoices for landscaping services to the City’s passive park, Garden of the Arts, during the months of July, August and September, by an additional amount of $15,000.00, for a new total cumulative expense amount not to exceed $65,000.00. The approval of the item requires the 10/18/2023 12:31 PM  waiving of competitive bidding, since it is advantageous to City to continue uninterrupted services to the landscaping while the City engaged in the competitive bidding process. The funding for the expenditure will be drawn against the General Fund – Contractual Services – Landscape Account No. 001.3130.572.342. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 7-0 Z. Request permission to increase Purchase Order No. 2023-250, issued to Home Depot, for the purchase of operational supplies for needed repairs, as well as updates to the department’s buildings, by an additional amount of $5,000.00, for a new total cumulative expense amount not to exceed $29,000.00. On September 27, 2022, the City Council approved to utilize Maricopa County, Arizona Contract No. R16154 – Maintenance, Repair, Operating Supplies, Industrial Supplies and Related Products and Services, effective through December 31, 2026. The funding for the expenditure will be drawn against the General Fund – Repair & Maintenance – Building Account No. 001.3130.572.475. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 7-0 AA. RESOLUTION: Proposed resolution, waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to enter into a Professional Services Agreement in a form acceptable to the City with Pinetree Capitol, LLC d/b/a Emphasis Benefits to provide insurance representation and related professional services for the City of Hialeah (“City”) Employee Medical Plan, Dental and Vision Plan, Gap Plan, Stop Loss Insurance, Medicare and Advantage PPO Plan as detailed herein and in the referenced exhibits, and for the Mayor or designee, and the City Clerk as attesting witness, to issue the required purchase order(s) to effectuate this resolution, in an amount not to exceed a total of $28,300,000, for a term of one (1) calendar year, commencing January 1, 2024 to December 31, 2024, as is provided herein; and providing for an effective date. (RISK MANAGEMENT DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-133 BB. Report of Scrivener’s Error – On September 26, 2023, the City Council approved City of Hialeah Resolution No. 2023-108 with an error in the header of the resolution. The resolution was approved with the incorrect expenditure amount of $38,000.00. The resolution is being amended to reflect the correct expenditure amount of $33,126.95 as follows: Resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into an agreement with ANRO Enterprises, Inc. d/b/a Diago Dry Cleaners to provide uniform laundry services for Fire Administration and all nine (9) fire stations, in an amount not to exceed $33,126.95 in substantial conformity with the quote attached hereto and made a part hereof as Exhibit “1”; and providing for an effective date. 10/18/2023 12:31 PM  (LAW DEPARTMENT) (FIRE DEPARTMENT) APPROVED 7-0 CC. Request permission to approve the submittal of the application for the FireHouse Subs First Responder Grant Program, to provide funding for the purchase of RIT-Pak Fast Attack Emergency Air Supply System for rapid intervention when a firefighter is in distress (lifesaving equipment), with a total award amount of $15,000.00 to $35,000.00. (FIRE DEPARTMENT) APPROVED 7-0 DD. Request permission to increase Purchase Order No. 2023-807, issued to Trimline Graphics International, Inc., for the payment of outstanding invoices for the manufacturing and installation of decals for City vehicles, by an additional amount of $19,575.00, for a new total cumulative expense amount not to exceed $44,575.00. The approval of this item requires the waiving of competitive bidding, since it is advantageous to the City in that the vendor provided the City with the lowest quotation. The funding for the expenditure will be drawn against the General Fund – Contractual Services – Charge Back to Other Dept Account No. 001.3220.591.341. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 EE. Request from Djan Martinez, on behalf of Immaculate Conception Catholic Church, for a permit to host their 5th annual pig roast and carnival on Saturday, November 4, 2023 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) APPROVED 7-0 FF. RESOLUTION: Proposed resolution establishing a temporary Thirteen Member Centennial Committee, appointed by the Mayor, to plan for the City of Hialeah’s 100th Anniversary; and providing for an effective date. (OFFICE OF THE MAYOR) APPROVED 7-0 RESOLUTION NO. 2023-134 REPORT: Mayor Bovo spoke on the item. 10/18/2023 12:31 PM  Motion to Approve Consent Item FF made by Council Member Casàls-Muñoz, and seconded by Council Member Tundidor. Motion passes 7-0. GG. RESOLUTION: Proposed resolution authorizing the Mayor to expend from the City’s general funds an amount not to exceed $8,000.00 in direct payment(s) of the funeral arrangements and viewing at San Jose Funeral Home and Graceland Memorial Park South for the late Officer Anthony Caabeiro; a City of Hialeah Police Officer, and providing for an effective date. (ADMINISTRATION) APPROVED 7-0 RESOLUTION NO. 2023-135 11. ADMINISTRATIVE ITEMS 11 A. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 2 entitled “Administration,” Article IV “Purchasing and Competitive Bidding,” of the Code of Ordinances of the City of Hialeah, to provide for a local business preference; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (SPONSOR: COUNCIL MEMBER TUNDIDOR) On September 26, 2023, the proposed ordinance was approved on first reading by the City Council. Second reading and public hearing is scheduled for October 10,2023. On September 12, 2023, the City Council discussed the item. First reading is scheduled for September 26, 2023. APPROVED 7-0 ORDINANCE NO. 2023-108 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Administrative Item 11A made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 7-0. 11 B. ORDINANCE: First reading of proposed ordinance granting ELF Billboards, LLC, a Florida Limited Liability Company, its successors and assigns, a non-exclusive digital media boards franchise in the City of Hialeah, Florida, including the right to construct, install, operate, maintain, repair, replace, upgrade and remove the digital media boards in and on the locations during the term of this agreement; 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. 10/18/2023 12:31 PM  (ADMINISTRATION) APPROVED 7-0 REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, on behalf of ELF Billboards, LLC, addressed the City Council. Motion to Approve Administrative Item 11B as amended on the record by Rafael Suarez- Rivas, City Attorney made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for October 24, 2023. 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Council Member Tundidor spoke on establishing a taskforce. 14. ZONING REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Variance Permit to allow the construction of a single-family home on a substandard lot having a total area of 4,763 square feet, where 7,500 square feet are required, and allow lot width of 35 feet, where 75 feet are required; in contrast to Hialeah Code of Ordinances § 98-499 entitled “Building Site Area Required.” Property located at 5520 East 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 September 26, 2023, the proposed ordinance was approved on first reading by the City Council. Second reading and public hearing is scheduled for October 10,2023. Registered Lobbyist: Anthony del Pino, 345 West 75th Place, Hialeah, Florida 33014, on behalf of Adam Bishop, 2045 Biscayne Blvd, Suite 374, Miami, FL 33137. 10/18/2023 12:31 PM  On September 6, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Adam Bishop and Jacob Bishop, 2045 Biscayne Northeast Boulevard, Suite 374, Miami, Florida 33137. APPROVED 5-0-2 with Council Member Tundidor and Council Member Calvo not present during roll call, REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Anthony del Pino addressed the City Council, on behalf of the owner. ORDINANCE NO. 2023-109 Motion to Approve Item PZ 1 made by Council Member Rodriguez, and seconded by Council Member Casàls-Muñoz. Motion passes 5-0-2 with Council Member Tundidor and Council Member Calvo not present during roll call. Council Member Tundidor and Council Member Calvo each recorded their vote as “Yes” after the item was approved. PZ 2. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Variance Permit to allow the construction of a new duplex on a substandard lot having a total area of 6,750 square feet, where 7,500 square feet are required; allow a lot width of 50 feet, where 75 feet are required, and allow street side setback of 10 feet, where 15 feet are required; in contrast to Hialeah Code of Ordinances § 98-499 entitled “Building Site Area Required” and § 98-501 entitled “Side Yards Required.” Property located at 302 East 17 Street, Hialeah, zoned R-2 (One-And Two-Family Residential District) legally described herein; 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 September 26, 2023, the proposed ordinance was approved on first reading by the City Council. Second reading and public hearing is scheduled for October 10,2023. On September 6, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Yany Y. Veloz, 614 East 51st Street, Hialeah, Florida 33013. APPROVED 7-0 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. 10/18/2023 12:31 PM  ORDINANCE NO. 2023-110 Motion to Approve Item PZ 2 made by Council Member Zogby, and seconded by Council Member Casàls-Muñoz. Motion passes 7-0. PZ 3. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the use of a 3,140 square foot bay as a clinical investigational research facility operating 24 hours and 7 days a week with a maximum of 12 patients per day and 8 staff members; granting a Variance Permit to allow 48 parking spaces, where 93 parking spaces are required, on an existing industrial building where 76,505 square feet will remain for industrial use and 3,140 square feet will be repurposed for commercial use; in contrast to Hialeah Code of Ordinances § 98-2189(5) entitled minimum required off-street parking spaces”. Property located at 2300 West 8 Avenue, 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. POSTPONED UNTIL NOVEMBER 14, 2023. On September 26, 2023, the proposed ordinance was approved on first reading by the City Council. Second reading and public hearing is scheduled for October 10,2023. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Q. Way Research LLC. On September 6, 2023, the Planning and Zoning Board recommended approval with the condition that a Declaration of Restriction be proffered providing for 13 bays that allocate 2 parking spaces each, Unit 1 (the research facility subject of this application) gets allocated with 16 parking spaces, 6 parking spaces remain open for ADA and overflow parking. Limiting all bays to industrial uses and allowing only Unit 1 (the research facility) to have proposed commercial use. With the condition on parking allocation in place, the Special Use Permit to allow the research facility in Unit 1, could be approved limiting its operation to 8 employees and no more than 12 patients per day. Planner’s Recommendation: Approval with conditions. Property Owner: Niurka Bonero, 1015 East 4th Avenue, Hialeah, Florida 33010 and E &W Development LLP, 1150 West 23rd Street, Hialeah, Florida 33010. PZ 4. ORDINANCE: Second reading and public hearing of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2021-008 (January 12, 2021); granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District Overlay; granting a Variance Permit to allow 100% of the units with an area of less than 850 square feet, where 850 square feet is the minimum area required, and only 10% of the units can have an area of 600 square feet; allow a 7.5 foot rear setback where 15 feet are required; allow a 2.5 foot interior side setback where 15 feet are required; and allow 25 parking spaces where 37 parking spaces are required; in contrast to Hialeah Code of Ordinances §§ 98-1630.2 entitled “Building Uses”, 98-1630.3(e)(2) entitled “Development Standards” and 10/18/2023 12:31 PM  98-2189(16)(a) entitled “Minimum Required Off-Street Parking Spaces.” Property located at 90 East 21 Street, Hialeah, zoned CBD (Central Business District) legally described herein; 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 September 26, 2023, the proposed ordinance was approved on first reading by the City Council. Second reading and public hearing is scheduled for October 10,2023. Registered Lobbyist: Hugo P. Arza, Esq. and Alessandria San Roman, Esq., 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, on behalf of Prestige Builders Constructions Management, LLC. On September 6, 2023, the Planning and Zoning Board recommended approval with the condition that the construction of the street improvements are in compliance with the Streets Department. Planner’s Recommendation: Approval with conditions. Property Owner: East 21st Street LLC – 100%; Arch IV, LLC (as manager); Alexander Ruiz 100%. APPROVED 7-0 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. ORDINANCE NO. 2023-111 Motion to Approve Item PZ 4 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 7-0. PZ 5. ORDINANCE: Second reading and public hearing of proposed ordinance vacating, closing and abandoning for public use of the right-of-way located on the east end of Park Drive (Hiawatha Drive) and west of SE 8 Court between Lot 8, Block 3, and Lot 1-4, Block 2 of 36 Street Lawns, according to Plat Book 24, Page 38 of the Public Records of Miami-Dade County. 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 September 26, 2023, the proposed ordinance was approved on first reading by the City Council. Second reading and public hearing is scheduled for October 10,2023. Registered Lobbyist: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, Miami, Florida 33137, on behalf of Boos Development Corp. On September 20, 2023 the Planning and Zoning Board recommended approval of this item. 10/18/2023 12:31 PM  Planner’s Recommendation: Approval APPROVED 7-0 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. ORDINANCE NO. 2023-112 Motion to Approve Item PZ 5 made by Council Member Casàls-Muñoz, and seconded by Council Member Zogby. Motion passes 7-0. PZ 6. ORDINANCE: First reading of proposed ordinance vacating, closing and abandoning for public use of the right-of-way located adjacent to the west and southwest boundaries of the property located at 701 East 55 Street. 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 September 20, 2023 the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Jorge J. Clero TRS and Jorge J. Clero REV LIV TR, 701 East 55th Street, Hialeah, FL. APPROVED 7-0 Motion to Approve Item PZ 6 made by Council Member Casàls-Muñoz, and seconded by Council Member Rodriguez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for October 24, 2023. PZ 7. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to R-3 (Multiple-Family Residential District); granting a variance permit to allow the expansion of a legal non-conforming use of an existing church, solely congregating on the weekend, with 28 parking spaces, where 76 parking spaces are required for the use of the church; and granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a 79-student K-5 grade school in conjunction with a 41 children day care and in compliance with parking and stacking requirements; property located at 6491 West 2 Avenue, Hialeah, zoned R-1 (One-Family District) legally described herein; 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: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Little Angel Christian Child Care, Inc. 10/18/2023 12:31 PM  On September 20, 2023, the Planning and Zoning Board recommended approval with the following conditions: (1) drop-off shifts with a maximum of 25 students per shift, (2) minimum of 2 staff members to supervise the drop-off process, (3) staff members to supervise the pick- up process, if necessary, (4) reconfiguration of on-street parking, from back-out to parallel, along West 2nd Avenue and West 64th Street, (5) 6-feet concrete wall along the east property line, (6) bollards along playgrounds facing rights-of-way, (7) dumpster enclosure, (8) no overlapping of school hours and after-school hours with church services, (9) school to operate on weekdays from 8:30 a.m. to 3:00 p.m. and daycare and before/aftercare services will be available from 6:30 a.m. to 6:30 p.m., with only 2 church staff members present on premises at these times, and (10) church services to be held exclusively on weekends or weekdays after school. Planner’s Recommendation: Approve expansion of non-conforming use, rezoning, variances and Conditional Use Permit subject to conditions. Property Owner: Eternal Word of Life of the Assemblies of God, Inc., 6491 West 2nd Avenue, Hialeah, Florida 33012. APPROVED 7-0 REPORT: Ceasar Mestre, 8105 Northwest 155th Street, Miami Lakes, addressed the City Council via Zoom with a PowerPoint Presentation, a copy of which is on file with the Office of the City Clerk. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. Motion to Approve Item PZ 7 made by Council Member Tundidor, and seconded by Council Member Casàls-Muñoz. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for October 24, 2023. PZ 8. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow a research health center to operate in a 918 square foot bay within an existing strip mall with a maximum of 4 patients per day and 5 staff members. Property located at 3810 West 12 Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District) legally described herein; 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 September 20, 2023 the Planning and Zoning Board recommended approval of this item with the conditions that a maximum of 5 employees and maximum of 4 patients per day, patients coming to the facility will have scheduled appointments, no walk-ins will be allowed, and no promotion aimed to attract crowds into the shopping plaza will be pursued by the proposed business. Planner’s Recommendation: Approve the Special Use Permit with conditions. Property Owner: Javier Cervera, 1800 Southwest 1st Avenue, Suite 601, Miami, Florida 33129. 10/18/2023 12:31 PM  APPROVED 7-0 Motion to Approve Item PZ 8 made by Council Member Casàls-Muñoz, and seconded by Council Member Tundidor. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for October 24, 2023. PZ 9. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow 56 parking spaces, where 82 parking spaces are required for a proposed new big box pharmacy, in contrast to Hialeah Code of Ordinances § 98-2189(7). Property located at 845 East Okeechobee Road, Hialeah, zoned C-2 (Liberal Retail Commercial District) legally described herein; 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 Lasarte, 3250 Northeast 1st Avenue, Suite 334, Miami, Florida 33137, on behalf of Boos Development Corp. On October 4, 2023, the Planning and Zoning Board recommended approval of this item with the condition that signs are installed to keep parking spaces available for visitors. Planner’s Recommendation: Approval with conditions. Property Owner: City of Hialeah APPROVED 7-0 Motion to Approve Item PZ 9 made by Council Member Casàls-Muñoz, and seconded by Council Member Zogby. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for October 24, 2023. 16. CITY COUNCIL DISCUSSION None reported. 17. ADJOURNMENT REPORT: Council President President adjourned the meeting 9:38 p.m. NEXT CITY COUNCIL MEETING: Tuesday, October 24, 2023 at 7:00 p.m. 10/18/2023 12:31 PM NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: November 14, 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. 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). 10/18/2023 12:31 PM