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 Special Meeting of the City Council Minutes November 6, 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 Council President Perez 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 President Perez arrived at 7:12 p.m. during the second speaker’s comments in the comments and questions portion of the meeting. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 11/7/2023 2:18 PM  4. PLEDGE OF ALLEGIANCE A. Council Vice President Garcia-Roves led the Pledge of Allegiance. 5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s YouTube page (www.youtube.com/cityofhialeahgov ).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard. REPORT: Marbelys Fatjo, City Clerk, read the meeting guidelines for the record. 11/7/2023 2:18 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: Seven (7) members of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting. 1. Juan Santana, 5601 West 10 Avenue, spoke on the proposed resolution on the agenda. 2. Jose Azze, 788 Park Drive, spoke regarding CVS/Navarro project and requested that a video be played for the record. 3. Jessica Santana, 5601 West 10 Avenue, spoke to request that her three minutes of allotted time to address the Council be forwarded to Mr. Jose Azze, so that he may have additional time to speak. 4. Eric Johnson, Local 1102, spoke regarding the Hialeah Fire Department. 5. Elias Montes De Oca, 684 West 63 Drive, spoke on the proposed resolution on the agenda. 6. Rigo Vazquez, 815 West 58th Street, spoke on the proposed resolution on the agenda. 7. Christopher Monzon, 7540 West 20th Avenue, spoke on the proposed resolution on the agenda. 7. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA None reported. 8. ADMINISTRATIVE ITEMS A. RESOLUTION: Proposed resolution to condemn and disapprove of the filing of the case styled Bryan Calvo, in his official capacity as Council Member vs. Esteban Bovo, Jr., in his official capacity as Mayor of the City of Hialeah (“Calvo vs. Bovo, Jr.” ); to affirmatively state that in the view of the City Council, Council Member Calvo is acting individually and not in his official capacity in any regard; to provide certain affirmative statements regarding Calvo vs. Bovo, Jr.; to resolve and determine that the City has concluded that the case is an ultra-vires individual action by Calvo for his personal and political interests not undertaken in the best interest of the City or of the community nor for any viable public purpose; to resolve 11/7/2023 2:18 PM  and determine that the City has not authorized Calvo to retain counsel or incur legal fees in connection with actions taken in his individual capacity, including but not limited to, the filing and prosecution of Calvo v. Bovo, Jr.; to further resolve and determine that Calvo shall not be entitled to seek reimbursement for his legal fees or expenses in pursuing Calvo v. Bovo, Jr.; further providing that the City Council affirms and determines that the Mayor’s defense is undertaken in relation to the Mayor’s duties and responsibilities solely in his capacity as the Mayor of this City, his defense does serve a public purpose and offering the City’s support and declaring that the City’s interests are aligned with the Mayor in his defense of this case and to advise the Mayor that the City Council officially supports his defense of the case, and authorize the Mayor and his legal representatives and agents to take any and all legal measures they consider appropriate relative to the defense of this case and to authorize the Mayor and the City to retain counsel at the expense of the City to represent the interests of the City and the Mayor; and to admonish Calvo for frivolously wasting the City’s resources; and to authorize the City and the Mayor to recoup and recover attorneys’ fees and costs incurred by the City and the Mayor from Calvo under all available precedent. (SPONSOR: COUNCIL MEMBER TUNDIDOR) APRROVED 6-1 with Council Member Calvo voting “No”. REPORT: Mayor Bovo, Jr., spoke on the item. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. RESOLUTION NO. 2023-157 REPORT: Motion to Approve Item 8A made by Council Member Tundidor, and seconded by Council Member Casàls-Muñoz. Motion passes 6-1 with Council Member Calvo voting “No”. 9. UNFINISHED BUSINESS None reported. 10. NEW BUSINESS None reported. 11. ADJOURNMENT A. REPORT: Council President Perez adjourned the meeting 8:30 p.m. 11/7/2023 2:18 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). 11/7/2023 2:18 PM