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 24, 2023 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Perez called the meeting to order at 7:07 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council Member Rodriguez absent. B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Rafael Suarez-Rivas, City Attorney, was present. C. REPORT: 1. Council Member Calvo arrived during the recess called for Item 6A – Presentations. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council President Perez led the Pledge of Allegiance. 10/30/2023 1:28 PM  5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s YouTube page (www.youtube.com/cityofhialeahgov ).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard. REPORT: Marbelys Fatjo, City Clerk, read the meeting guidelines for the record. 6. PRESENTATIONS 10/30/2023 1:28 PM  A. In support of Red Ribbon Week, the Hialeah City Hall is illuminated with red lighting. (MAYOR BOVO) REPORT: Council President Perez recognized Julio Esplugas, City of Hialeah EPI Youth Program Coordinator, William Sanchez, City of Hialeah Parks and Recreation Director, and City officials, for their efforts against drugs. REPORT: Council President Perez called a recess at 7:15 p.m. for the illumination of City Hall in support of Reb Ribbon Week. REPORT: Council President Perez called the meeting to order at 7:28 p.m. B. The City of Hialeah recognizes employees of the Hialeah Police Department for twenty-five (25) years of service: 1. Fernando Villa, Major 2. Alexi Castaneda, Commander 3. Yan Perez, Commander 4. Ernesto Gutierrez, Commander 5. Antonio Luis, Lieutenant 6. July Fernandez, Sergeant 7. Luis Servilla, Sergeant 8. Yunior Pineiro, Sergeant (HUMAN RESOURCES DEPARTMENT) REPORT: PRESENTED C. The City of Hialeah recognizes employees of the Hialeah Fire Department for twenty-five (25) years of service: 1. David Rodriguez, Assistant Chief of Operations 2. Edward Altidor, Division Fire Chief REPORT: Edward Altidor was not present. 3. John Kenyon, Captain REPORT: John Kenyon was not present. 4. Darrell Cox, Lieutenant (HUMAN RESOURCES DEPARTMENT) REPORT: PRESENTED D. The City of Hialeah recognizes Carlos Coronel, Telecommunications Manager I of the 911 10/30/2023 1:28 PM  Communications Division of the Public Safety Communications Department, for twenty-five (25) years of service. (HUMAN RESOURCES DEPARTMENT) REPORT: PRESENTED E. The City of Hialeah recognizes Oscar Guevara, Streets Operations Manager of the Streets Department, for twenty-five (25) years of service. (HUMAN RESOURCES DEPARTMENT) REPORT: Oscar Guevara was not present. F. The City of Hialeah recognizes Ricardo Marin, Meter Reader of the Department of Public Works, for twenty-five (25) years of service. (HUMAN RESOURCES DEPARTMENT) REPORT: Ricardo Marin was not present. G. The City of Hialeah recognizes employees of the Hialeah Police Department for thirty (30) years of service: 1. Manuel Rodriguez, Major 2. Joseph Elosegui, Officer (HUMAN RESOURCES DEPARTMENT) REPORT: PRESENTED H. Presentation by Timothy Benjamin, City of Hialeah Internal Auditor, on the completed risk assessment. (MAYOR BOVO) REPORT: PRESENTED REPORT: Mayor Bovo, Jr. spoke on the item. REPORT: Willians Guerra, Chief for the City of Hialeah Fire Department, spoke regarding Automated External Defibrillators. 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. 10/30/2023 1:28 PM  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: Two (2) members of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting. 1. Gabriel Rodriguez, 361 East 12th Street, recognized the good work of the City of Hialeah Police Department. 2. Eric Johnson, Local 11002, commended Jorge Martinez of the City’s Construction and Maintenance Department, Timothy Benjamin, Mayor Bovo, and members of the Mayor’s staff. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. REPORT: Council President Perez requested for Debora Storch, the City’s Planning and Zoning Official, to speak on the 2050 Master Plan. 1. Debora Storch, the City’s Planning and Zoning Official, spoke on the 2050 Master Plan. 2. Mayor Bovo spoke on the topic. 3. Rafael Suarez-Rivas, City of Hialeah City Attorney, spoke on the topic. 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 Casáls-Muñoz requested a separate discussion on Consent Item U. REPORT: Council Member Calvo requested a separate discussion on Consent Item AA. REPORT: Council Member Tundidor requested a separate discussion on Consent Item DD. 10/30/2023 1:28 PM  REPORT: Motion to Approve the Consent Agenda, made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 6-0-1 with Council Member Rodriguez absent. A. Request permission to approve the minutes of the City Council Meeting held on October 10, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APRROVED 6-0-1 with Council Member Rodriguez absent. B. RESOLUTION: Proposed resolution waiving competitive bidding and approving the opening of a purchase order not to exceed $100,000.00 to REV RTC Inc. d/b/a Hall-Mark RTC; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, approving the referenced expenditure for the purchase of OEM fire and rescue truck parts and accessories from REV RTC Inc. d.b.a. Hall-Mark RTC, for a term of one (1) calendar year commencing October 1, 2023 to September 30, 2024, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-136 C. 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 with K.V.P. Enterprises, Inc., dba Expert Diesel for the purchase of Cummins OEM parts and accessories for City trucks, City transit buses, and emergency vehicles; approving the expenditure in an amount not to exceed $75,000.00, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-137 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, to issue and execute a purchase order with K.V.P. Enterprises, Inc., dba Expert Diesel for the purchase of Cummins engine service and repairs, approving the expenditure in an amount not to exceed $150,000.00, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-138 E. 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 with Florida Transportation Systems, Inc., for the purchase of OEM El Dorado bus 10/30/2023 1:28 PM  parts for City transit buses; approving the expenditure in an amount not to exceed $75,000.00, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-139 F. 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 with TMCAA, Inc., aka Alligator Alley Harley Davidson for the purchase of Harley Davidson parts and services for the City Police Department; approving the expenditure in an amount not to exceed $75,000.00, and providing an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-140 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 issue and execute a purchase order from Total Truck Parts, Inc., for the purchase of OEM and aftermarket truck parts and accessories for City heavy trucks and transit buses, approving the expenditure in an amount not to exceed $50,000.00, and providing an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-141 H. 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 from TPH Holdings Florida, LLC., dba The Parts House ("TPH") for the purchase of OEM and aftermarket parts and accessories for City vehicles; approving the expenditure in an amount not to exceed $75,000.00, and providing an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-142 I. 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 with Miami Lakes AM, LLC., dba Miami Lakes Automall for the purchase of OEM Chevrolet and AC Delco parts and accessories for City vehicles; approving the expenditure in an amount not to exceed $75,000.00, and providing an effective date. 10/30/2023 1:28 PM  (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-143 J. RESOLUTION: Proposed resolution waiving competitive bidding and approving the opening of a purchase order not to exceed $75,000.00 to Pat's Pump & Blower, L.L.C; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, approving the referenced expenditure for the purchase of OEM Aqua Tech Sewer Cleaner parts, pumps, and accessories from Pat's Pump & Blower, L.L.C., for a term of one (1) calendar year commencing October 1, 2023 to September 30, 2024, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-144 K. RESOLUTION: Proposed resolution waiving competitive bidding and approving the opening of a purchase order not to exceed $50,000.00 to Kelly Tractor Company; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, approving the referenced expenditure for the purchase of OEM caterpillar parts and accessories from Kelly Tractor Company, for a term of one (1) calendar year commencing October l, 2023 to September 30, 2024, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-145 L. RESOLUTION: Proposed resolution waiving competitive bidding and approving the opening of a purchase order not to exceed $75,000.00 to Gus Machado Ford, Inc.; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, approving the referenced expenditure for the purchase of OEM/Ford Motorcraft parts and accessories from Gus Machado Ford, Inc., for a term of one (1) calendar year commencing October 1, 2023 to September 30, 2024, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-146 M. 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 with Rechtien International Trucks, Inc., for the purchase of OEM International truck parts and accessories; approving the expenditure in an amount not to exceed $75,000.00, and providing for an effective date. 10/30/2023 1:28 PM  (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-147 N. RESOLUTION: Proposed resolution amending City of Hialeah Resolution No. 2022-126 (October 11, 2022) to reallocate Community Development Block Grant Funds received from the U.S. Department of Housing and Urban Development for the purchase of a fire engine and ladder truck; authorizing the Mayor, or his designee, to execute all documents related to the appropriation and reallocation of funds; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-148 O. Request permission to utilize Texas Region 14 ESC – Technology Solutions, Products and Services, contract which is effective through November 30, 2025, and issue a purchase order to Dell Marketing L.P., for the purchase of equipment and services, in a total expense amount not to exceed $750,000.00, of which $500,000.00 is for Citywide computer replacement. The funding for this expenditure is to allocated through various City Departments. (INFORMATION TECHNOLOGY DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. P. RESOLUTION: Proposed resolution approving to increase Purchase Order 2023-1373 by $43,480.73 for a new cumulative amount not to exceed $190,927.83 for the purchase of police uniforms and related accessories, upon such costs having been approved by the Chief of Police, and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue said purchase order and providing for an effective date. (POLICE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-149 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 Miami 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 the 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) APRROVED 6-0-1 with Council Member Rodriguez absent. 10/30/2023 1:28 PM  RESOLUTION NO. 2023-150 R. 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 North Miami 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 the 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) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-151 S. RESOLUTION: Proposed resolution executing a State-Funded Grant Agreement between the City and the Florida Department of Transportation in the amount of $1,000,000.00; attached hereto as “Exhibit A”, for the construction of the City of Hialeah roadway improvements to West 32nd Avenue from West 68th to 76th Street; and providing for an effective date. (STREETS) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-152 T. RESOLUTION: Proposed resolution executing a State-Funded Grant Agreement between the City and the Florida Department of Transportation in the amount of $1,957,500.00; attached hereto as “Exhibit A”; for the City of Hialeah stormwater improvements and roadway revitalization along East 63 Street from East 2nd to 4th Avenue; East 64 Street from East 2nd to 4th Avenue; and East 3rd Avenue from East 63rd to 65th Street; and providing for an effective date. (STREETS) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-153 U. RESOLUTION: Proposed resolution expressing its unanimous and unconditional support for the State of Israel (“Israel”) in its military campaign against Hamas, a terrorist organization that undertook an unprovoked and criminal attack on October 7, 2023, resulting in the deaths and transmit abductions of thousands of Israeli civilians; urging the United States to support Israel in its hour of need and supporting Israel’s ability to protect itself and its people from Hamas, and similar terrorist organizations, authorizing the Mayor or his designee to report on purchasing Israeli bonds, providing for transmittal of the resolution by the City Clerk, and providing for an effective date. (OFFICE OF THE MAYOR) APRROVED 6-0-1 with Council Member Rodriguez absent. 10/30/2023 1:28 PM  RESOLUTION NO. 2023-154 REPORT: Motion to Approve Item U made by Council Member Casàls-Muñoz, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Rodriguez absent. V. Request permission for approval to pay the City’s annual membership dues for fiscal year 2023- 2024 to the Florida League of Cities, Inc., for providing a variety of benefits to the City, including legislative advocacy and updates, bond services, legal advice, access to the statewide newsletter, and educational webinars, in a total cumulative amount not to exceed $36,245.00. The funding for this is expenditure is to be withdrawn against the General Fund – Municipal Dues Account No. 001.8500.519.495. (OFFICE OF THE MAYOR) APRROVED 6-0-1 with Council Member Rodriguez absent. W. Request permission to issue a purchase order to Waste Connections of Florida, Inc., vendor currently under contract with the City for disposal services of Class I Waste, through September 30, 2027, for disposal services, in a total expense amount not to exceed $6,300,000.00. The funding for the expenditure will be drawn against the Solid Waste Division Fund – Utility – Waste Disposal Fee Account No. 401.3240.534.433. (DEPARTMENT OF PUBLIC WORKS) APRROVED 6-0-1 with Council Member Rodriguez absent. X. Request permission to issue a purchase order to Miami Dade County, vendor currently under contract with the City, for the rendition of water services to the City under the current uniform based fee of $2.11 per 1,000 gallons, in a total expense amount not to exceed $12,500,000.00. On June 24, 2008 the City Council approved Ordinance No. 2008-059, authorizing the entering into a contract with Miami-Dade County for a period of twenty (20) years for the rendition of water service by the County to the City. The funding for the expenditure will be drawn against the Water & Sewers Division Fund – Utility – Water Purchase (WASD) Account No. 450.9510.533.430. (DEPARTMENT OF PUBLIC WORKS) APRROVED 6-0-1 with Council Member Rodriguez absent. Y. Request permission to issue a purchase order to Miami Dade County, vendor currently under contract with the City, for sewer disposal service to the City under the current uniform based fee of $3.94 per 1,000 gallons, in a total expense amount not to exceed $54,950,000.00. On April 26, 2011 the City Council approved Resolution No. 2011-36, entering into a contract with Miami-Dade County for a period of twenty (20) years for the services. The funding for the expenditure will be drawn against the Water & Sewers Division Fund – Utility – Sewage Disposal (WASD) Account No. 450.9520.535.430. 10/30/2023 1:28 PM  (DEPARTMENT OF PUBLIC WORKS) APRROVED 6-0-1 with Council Member Rodriguez absent. Z. Request from Jason R. Wells, on behalf of Lowe’s Home Improvement, for a permit for the sale of Christmas trees, and permission to erect a temporary 30 feet X 40 feet canopy on Wednesday, November 15, 2023 and take down on Tuesday, December 19, 2023, with sales commencing on Friday, November 17, 2023 and ending on Sunday, December 17, 2023, at the Lowe’s Home Improvement Store located at 1650 West 37 Street, Hialeah, Florida, subject to compliance with the requirements of the Hialeah Fire Department and the Risk Management Department. (OFFICE OF THE CITY CLERK) APRROVED 6-0-1 with Council Member Rodriguez absent. AA. Request permission to issue a purchase order to W.W. Grainger Inc., for the purchase of supplies for maintenance and repairs needed throughout the City, in a total expense amount not to exceed $80,000.00. On September 27, 2022, the City Council approved the usage of University of California Contract No. 2018.000207 – Maintenance, Repair, Operations (MRO) Supplies and Equipment, effective through June 30, 2024, to add this vendor to the list of vendors to provide maintenance, repair, and operations (MRO) supplies and equipment to the City. The funding for the expenditure will be drawn against the Water & Sewers Division Fund – Inven Small Tools Account No. 450.0000.141.007. (DEPARTMENT OF PUBLIC WORKS) APRROVED 6-0-1 with Council Member Rodriguez absent. REPORT: Kevin Lynskey, Director of the Hialeah Department of Public Works, responded to Council Member Calvo. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Motion to Approve Item AA made by Council Member Calvo, and seconded by Council Member Casàls-Muñoz. Motion passes 6-0-1 with Council Member Rodriguez absent. BB. RESOLUTION: Proposed resolution approving a piggyback contract from the contract of the City of Jacksonville Beach and Advanced Environmental Laboratories, Inc. for laboratory services; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Advanced Environmental Laboratories, Inc. in the amount not to exceed $115,000.00, for the purchase of laboratory testing services and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) APRROVED 6-0-1 with Council Member Rodriguez absent. 10/30/2023 1:28 PM  RESOLUTION NO. 2023-155 CC. 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 with American Battery Company for the purchase of batteries for all City fleet vehicles, heavy equipment, and fire emergency vehicles; approving the expenditure in an amount not to exceed $115,000.00, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APRROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2023-156 DD. Request permission to issue a purchase order to GS Inima USA Construction Corporation, for payment of the annual fee for operation of the Reverse Osmosis Water Treatment Plant pursuant to the Service Agreement between the City and the vendor dated August 18, 2010 and amended on March 28, 2012, as well as on July 7, 2016, in a total amount not to exceed $4,255,000.00, to be paid on a monthly basis in the amount of $349,000.00 in addition to any electrical savings amount due as outlined in the Service Contract, amounts which will be offset by half through reimbursement by Miami-Dade County. The funding for this expenditure will be drawn against the Water and Sewer Division Fund – Contractual Services Account No. 450.9530.536.340. (DEPARTMENT OF PUBLIC WORKS) APRROVED 5-1-1 with Council Member Calvo voting “No” and Council Member Rodriguez absent. REPORT: Kevin Lynskey, Director of the Hialeah Department of Public Works, spoke on the item. REPORT: Karl Holzenberg, City’s Department of Public Works, spoke on the item. REPORT: Motion to Approve Item DD made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 5-1-1 with Council Member Calvo voting “No” and Council Member Rodriguez absent. EE. Request permission to increase Purchase Order No. 2023-40, issued to Sunshine Gasoline Distributors, Inc., for the purchase of gasoline and diesel fuel for all City vehicles, by an additional amount of $133,933.35, for a new total cumulative expense amount not to exceed $2,513,933.35. On October 10, 2023 the City Council approved Resolution No. 2023-121, thereby approving a piggyback contract of Miami Dade County Contract No. EVN0001442 for the purchase of gas and diesel fuel from this vendor. The funding for this expenditure is to be withdrawn from the General Fund – Inventory – Fuel & Lubricants Account No. 001.0000.141.130. (FLEET MAINTENANCE DEPARTMENT) 10/30/2023 1:28 PM  APRROVED 6-0-1 with Council Member Rodriguez absent. FF. Request from ABC Promotions Unlimited, Inc., located at 5762 Okeechobee Blvd, West Palm Beach, Florida 33415, for a permit to sell Christmas trees and fireworks, as well as for permission to install a seasonal tent for the sales, to benefit Best Buddies of South Florida, at 1700 West 49th Street, Hialeah, Florida in the parking lot located on the northwest corner of West 16th Avenue and West 46th Street, property zoned C-2 Liberal Retail Commercial, with set-up taking place on Friday, November 17, 2023 and take down on Tuesday, January 2, 2024, with the sale of Christmas trees commencing on Friday, November 17, 2023 and ending on Tuesday, December 19, 2023, and with the sale of fireworks commencing on Wednesday, December 20, 2023 and ending on Sunday, December 31, 2023, in accordance with the requirements of the Hialeah Fire Department and the Hialeah Risk Management Department. (OFFICE OF THE CITY CLERK) APRROVED 6-0-1 with Council Member Rodriguez absent. 11. ADMINISTRATIVE ITEMS 11 A. ORDINANCE: Second reading and public hearing 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. (ADMINISTRATION) APPROVED 5-1-1 with Council Member Calvo voting “No” and Council Member Rodriguez absent. ORDINANCE NO. 2023-113 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: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, on behalf of ELF Billboards, LLC, addressed the City Council. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. Motion to Approve Administrative Item 11A 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 5-1-1 with Council Member Calvo voting “No” and Council Member Rodriguez absent. 10/30/2023 1:28 PM  On October 10, 2023, the City Council approved the item as amended on first reading. Second reading and public hearing is scheduled for October 24, 2023. 11 B. ORDINANCE: First reading of proposed ordinance amending Chapter 70 entitled “Retirement and Pension”, Article IV. Employees General Retirement System, Division 3 entitled “Disability In Line of Duty Benefits”, and Division 5 entitled “Benefits”; implementing the changes to the retirement system and disability benefits contained in the 2023-2026 Collective Bargaining Agreement between the City and FOP for police officer members, in particular revising § 70-70, entitled “Disability Benefits for Firefighter Members and Members Not Included In Any Bargaining Unit on and after September 12, 2023”; § 70-208 entitled “Purchase of Membership Service Credit Time”; § 70-210, entitled “Member Contributions to Retirement Plan” and § 70- 238 entitled “Service Retirement Allowance”; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties hereof; providing for inclusion in the code; providing for an interpretation and savings clause; providing for a severability clause and providing for an effective date. (ADMINISTRATION) APPROVED 6-0-1 with Council Member Rodriguez absent. REPORT: Motion to Approve Administrative Item 11B made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for November 14, 2023. 12. UNFINISHED BUSINESS REPORT: Council Member Tundidor, addressed William Sanchez, Director of Parks and Recreation for the City of Hialeah on constituent complaints regarding park lighting in Bright Park. 13. NEW BUSINESS None reported. 14. ZONING REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. PLANNING AND ZONING 10/30/2023 1:28 PM PZ 1. ORDINANCE: Second reading and public hearing 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 October 10, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 24, 2023. 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 6-0-1 with Council Member Rodriguez absent. 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: Jorge Clero, addressed the City Council. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. ORDINANCE NO. 2023-114 Motion to Approve Item PZ 1 made by Council Member Casàls-Muñoz, and seconded by Council Member Zogby. Motion passes 6-0-1 with 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-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. On October 10, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 24, 2023. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Little Angel Christian Child Care, Inc. 10/30/2023 1:28 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 6-0-1 with Council Member Rodriguez absent. 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: Ceasar Mestre, Esq., Registered Lobbyist, addressed the City Council via Zoom. REPORT: Rafael Suarez-Rivas, City of Hialeah City Attorney, spoke on the item. ORDINANCE NO. 2023-115 Motion to Approve Item PZ 2 made by Council Member Zogby, and seconded by Council Member Calvo. Motion passes 6-0-1 with Council Member Rodriguez absent. 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 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 October 10, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 24, 2023. 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. 10/30/2023 1:28 PM  Planner’s Recommendation: Approve the Special Use Permit with conditions. Property Owner: Javier Cervera, 1800 Southwest 1st Avenue, Suite 601, Miami, Florida 33129. APPROVED 6-0-1 with Council Member Rodriguez absent. 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. 2023-116 Motion to Approve Item PZ 3 made by Council Member Casàls-Muñoz, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. PZ 4. ORDINANCE: Second reading and public hearing 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. On October 10, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for October 24, 2023. 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 6-0-1 with Council Member Rodriguez absent. 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: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, Registered Lobbyist, spoke on the item. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. 10/30/2023 1:28 PM  ORDINANCE NO. 2023-117 Motion to Approve Item PZ 4 made by Council Member Casàls-Muñoz, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Rodriguez absent. PZ 5. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow the construction of a new medical center that is 7 stories in height, where 3 stories are the maximum allowable height and to allow 725 parking spaces, where 768 parking spaces are required, in contrast to Hialeah Code of Ordinances § 98-1119 and § 98-2189 (7). Property located at 1475 West 49th Place, 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: Carlos A. Espinosa, 1435 West 49 Place, Hialeah, Florida 33012, on behalf of Larkin Hospital. On October 4, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Jack Michel, MD., 5996 Southwest 70 Street, 5th Floor, South Miami, Florida 33143. APPROVED 6-0-1 with Council Member Rodriguez absent. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. Motion to Approve Item PZ 5 made by Council Member Casàls-Muñoz, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for November 14, 2023. 16. CITY COUNCIL DISCUSSION None reported. 17. ADJOURNMENT REPORT: Council President adjourned the meeting 9:11 p.m. 10/30/2023 1:28 PM NEXT CITY COUNCIL MEETING: Tuesday, November 14, 2023 at 7:00 p.m. 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). 10/30/2023 1:28 PM