City Council

Esteban Bovo, Jr. Council Members Mayor Bryan Calvo Angelica Pacheco Jesus Tundidor Monica Perez President Luis Rodriguez Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Minutes November 14, 2023 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Perez called the meeting to order at 7:05 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with 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 Calvo led the Pledge of Allegiance. 5. MEETING GUIDELINES 11/17/2023 4:10 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. REPORT: Council President Perez asked for a moment of silence in memory of Brandi Pameijer, 911 Communications Manager. REPORT: Council President Perez spoke about her tenure as Council President and announced that she has decided to step down as Council President. Council President nominated Council Member Tundidor as Council President. She then handed the gavel to Council Vice President Garcia-Roves to chair the meeting and asked the City Clerk to read Item 6A into the record. 11/17/2023 4:10 PM  6. ELECTION OF COUNCIL PRESIDENT A. Election by the City Council of one of its members as Council President pursuant to §3.01 (c) of the Hialeah Charter. REPORT: Motion to nominate Council Member Tundidor as Council President made by Council President Perez, and seconded by Council Member Rodriguez. Motion passes 5-2 with Council Member Calvo and Council Member Pacheco voting “No”. 7. ELECTION OF COUNCIL VICE PRESIDENT B. Election by the City Council of one of its members as Council Vice President pursuant to §3.01 (c) of the Hialeah Charter. REPORT: Motion to nominate Council Vice President Garcia-Roves as Council Vice President made by Council President Perez, and seconded by Council Member Rodriguez. Motion passes 7-0. REPORT: Council Vice-President Garcia-Roves handed the gavel to Council Member Perez to continue to chair the meeting. 8. PRESENTATIONS None. 9. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive any email message to be read into the record from a person interested in making comments or posing questions on matters of public concern. B. REPORT: One member of the public participating via Zoom expressed interest in making comments or posing questions on matters of public concern. 1. Eric Johnson, Local 1102, gave his condolences to the family of Brandi Pameijer, recognized Council Member Perez for her time as Council President, and congratulated Council Vice President Garcia-Roves for being re-elected Council Vice President, welcomed newly elected Council Member Pacheco, and thanked Vivian Casals-Muñoz for her public service. 11/17/2023 4:10 PM  C. REPORT: Fourteen (14) members of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting. 1. Frank De la Paz, 1100 SW 104 Street, welcomed the newly elected officials, provided an update on the Santa Barbara event, commended Mayor Bovo for expressing his mind, and requested separate discussion on Consent Item HH. 2. Marie Rice, 771 East 47 Street, spoke regarding sidewalks being blocked by vehicles. 3. Armando Ibarra, 211 Northwest 102 Street, spoke on behalf of the Young Republicans in support of the approval of Consent Item HH. 4. Christopher Monzon, 7540 West 20 Avenue, spoke in support of the approval of Consent Item HH. 5. Milly Herrera, 4341 East 8 Lane, spoke in opposition to the approval of Consent Item HH. 6. Eve Stieglitz, 3600 Mystic Drive, spoke in support of the approval of Consent Item HH. 7. Rose Rojan, 1270 West 78 Terrace, spoke in support of the approval of Consent Item HH. 8. Anais Acuña, 11780 Southwest 32 Terrace, spoke in support of the approval of Consent Item HH. 9. Maria Gonzalez, 1755 West 72 Street, addressed Council Member Calvo, thanked Council Member Perez, congratulated the new leadership, and expressed support to the approval of Consent Item HH. 10. Elmer Menendez, 1221 West 32 Street, commended Hialeah Police Department Chief Fuente and spoke in support of the approval of Consent Item HH. 11. Juan Santana, 5601 West 10 Avenue, addressed Council Member Pacheco, spoke on the protest that he participated in at Milander Park, and asked to meet with the Mayor regarding parking. 12. Olga Berio, 6237 Southwest 135 Avenue, spoke in support of the approval of Consent Item HH. 13. Robert Gewanter, 794 Southeast 8 Street, spoke in opposition of the approval of Consent Item HH. 14. Ferny Coipel, 3760 East 6 Avenue, spoke in opposition of the approval of Consent Item HH and submitted an Application to Name a Street after Barack Obama. 10. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA 11/17/2023 4:10 PM  A. The proposed resolution for Consent Item EE has been amended to reflect the members of the task force. B. The following items have been added to today’s agenda: 1. Consent Item II 2. Consent Item JJ 3. Consent Item KK 4. Consent Item LL 5. Consent Item MM 6. Consent Item NN 7. Consent Item OO 8. Consent Item PP C. The proposed resolution for Consent Item LL is corrected to reflect the date of death as November 11, 2023. 11. BOARD APPOINTMENTS A. RESOLUTION: Proposed resolution appointing Maria Rodriguez to the Board of Commissioners of Hialeah Housing Authority of the City of Hialeah, Florida for a four (4)-year term ending on November 13, 2027. (MAYOR’S APPOINTMENT) APPROVED 7-0 RESOLUTION NO. 2023-158 REPORT: Motion to Approve Item 11A made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 7-0. 12. 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: A member of the public, Frank De La Paz, requested separate discussion on Consent Item HH during the Comments and Questions portion of the meeting. REPORT: Council Member Calvo requested separate discussion on Consent Items Q and AA. 11/17/2023 4:10 PM  REPORT: Council Member Zogby requested a separate discussion on Consent Item JJ. REPORT: Council Member Rodriguez requested separate discussion on Consent Item J. REPORT: Council Member Tundidor requested separate discussion on Consent Item EE. REPORT: Motion to Approve the Consent Agenda, except Items J, Q, AA, EE, HH and JJ made by Council Member Rodriguez, and seconded by Council Member Tundidor. Motion passes 7-0. A. Request permission to approve the minutes of the City Council Meeting held on October 24, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 7-0 B. Request permission to cancel the City Council Meeting of December 26, 2023 in observance of the Christmas Holiday, pursuant to Section 3.01 of the City’s Charter. (ADMINISTRATION) (OFFICE OF THE CITY CLERK) APPROVED 7-0 C. RESOLUTION: Proposed resolution approving a piggyback contract by Miami-Dade County (“County”), contract per Request for Proposal (“RFP”) #RFP-01154, with an open purchase order with Galls, LLC., for the purchase of firefighter boots, belts, and uniforms for the City Fire Department; 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 Galls, LLC. in an amount not to exceed $63,500.00, for a term from October 1, 2023 to September 30, 2024, and/or other customary procurement documents to effectuate this resolution; and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. (FIRE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-159 D. Request permission to issue a purchase order to Inphynet Contracting Services, LLC, for Dr. Fredrick Keroff’s services as the Medical Director of the Hialeah Fire Department and Advanced Life Support Provider, in a total cumulative amount not exceed $60,000.00. On October 11, 2022, the City Council approved (Consent Item S) for the City to enter into a five (5) year contract with this vendor for this service. The funding for this expenditure is to be drawn against the Fire Rescue Transportation Fund – Professional Services - Account No. 109.2000.522.310. 11/17/2023 4:10 PM  (FIRE DEPARTMENT) APPROVED 7-0 E. RESOLUTION: Proposed resolution waiving competitive bidding and approving a piggyback contract of Omnia Partners Contract with W.W. Grainger Inc. for the purchase of supplies, maintenance, repairs and operations (MRO); and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in the amount not to exceed $45,000.00, for the purchase of maintenance, repairs, and operations (MRO), supplies, parts, equipment, and related services and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-160 F. RESOLUTION: Proposed resolution waiving competitive bidding and approving a piggyback contract by Miami-Dade County with Balado National Tires, Inc. for the purchase of tires for City vehicles and equipment; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in the amount not to exceed $75,000.00, for the purchase of tires for City vehicles and equipment and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-161 G. RESOLUTION: Proposed resolution approving a piggyback contract by Miami-Dade County with Tiresoles of Broward, DBA Miami Tiresoles for the purchase of tires for City vehicles and equipment; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in the amount not to exceed $150,000.00, for the purchase of tires for City vehicles and equipment and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-162 H. RESOLUTION: Proposed resolution waiving competitive bidding and approving a piggyback contract by Miami-Dade County with Fedan Tire Corp., DBA Fedan Tire Company for the purchase of tires for City vehicles and equipment; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in the amount not to exceed $75,000.00, for the purchase of tires for City vehicles and equipment and in substantial 11/17/2023 4:10 PM  conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-163 I. RESOLUTION: Proposed resolution authorizing the Second Operating Amendment for fiscal year 2023, a supplemental appropriation to amend the General Fund, Enterprise Funds, Special Revenue Funds, and Capital Projects Funds Budgets for fiscal year 2023 in the amount as specified in the attached Exhibit “A”. (OFFICE OF MANAGEMENT AND BUDGET) APPROVED 7-0 RESOLUTION NO. 2023-164 J. RESOLUTION: Proposed resolution approving a piggyback contract by Clay County with Musco Sports Lighting, LLC. for LED sports lighting systems at Babcock Park and Bucky Dent Park; 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 Musco Sports Lighting, LLC. in the amount not to exceed $2,041,335.00, for the purchase and installation of sports lighting equipment 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 PARKS AND RECREATION) APPROVED 7-0 RESOLUTION NO. 2023-165 REPORT: Michael Festa, Assistant Director of the City of Hialeah Parks and Recreation Department, spoke on the item. REPORT: Motion to Approve Item J made by Council Member Rodriguez, and seconded by Council Member Tundidor. Motion passes 7-0. K. RESOLUTION: Proposed resolution to accept grant monies awarded to the City of Hialeah, Florida, as participating agency, by the Florida Department of Law Enforcement – General Appropriations Act, 2023, State Financial Assistance (SFA) Grant, in the total amount of $484,000.00, to assist the Hialeah Police Department in purchasing a Police Mobile Command Center by June 30, 2024; and waiving competitive bidding; and approving the issuance of a purchase order in the amount of $561,512.00 to LDV Custom Specialty Vehicles (LDV), Inc. from Police Grant Fund Account; and authorizing the Mayor or his designee to execute all necessary documents including a purchase agreement with LDV in a form acceptable to the City Attorney in furtherance thereof; and approving the expenditure in a total amount not to exceed $77,512.00 from the Law Enforcement Trust Fund – Federal Account; and providing for an effective date. 11/17/2023 4:10 PM  (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-166 L. RESOLUTION: Proposed resolution approving a piggyback contract by the Bradford County Sheriff’s Office Vehicle Purchasing Contract (BCSO 22-27-1.0) for the purchase of twenty-three (23) 2023 Ford police rated motor vehicles from Duval Ford, Inc.; authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary documents in furtherance thereof and ratify purchase orders 2024-496, 2024-497 and 2024-498, attached hereto as “Exhibit A”, in an amount to exceed $1,107,405.84 from the City’s Capital Outlay-Vehicle Account; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-167 M. RESOLUTION: Proposed resolution approving a piggyback contract by the Florida Sheriffs Association (FSA) Cooperative Purchasing Program FSA23-VEL30.0 to enter into a Lease Agreement with Alligator Alley Harley-Davidson for nine (9) Harley-Davidson police-rated motorcycles; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary documents and agreements and issue a purchase order for the first monthly payment in the amount of $8,175.60 and authorizing the Mayor or his designee, to execute a supplemental agreement attached hereto and made a part hereof as “Exhibit A” and any other procurement document as required to implement this resolution, and approving monthly payments after the first month in the amount of $6,375.60 for a total amount for fiscal years 2024, 2025 and 2026 to be $78,307.20, $76,507.20 and $76,507.20 respectively and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-168 N. RESOLUTION: Proposed resolution to enter into a contract with Certified Latent Examiner Lenett Holbrook and Certified Latent Print Examiner Alain Socarras to provide latent evaluation and comparison services as independent contractors, for a one year term, and authorizing the Mayor or his designee to execute all necessary documents and agreements, attached hereto as Exhibit A and B, and further authorizing the expenditure of a combined amount not to exceed $87,50.00 to fund the Latent Fingerprint Examiner Program for one year upon full execution of the agreements attached, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-169 11/17/2023 4:10 PM  O. RESOLUTION: Proposed resolution to enter into a Mutual Aid Agreement with the City of Key Biscayne 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) APPROVED 7-0 RESOLUTION NO. 2023-170 P. RESOLUTION: Proposed resolution making certain findings to directly engage Milian Swain and Associates, Inc. for much-needed professional engineering services as are referenced herein for the City of Hialeah Public Works Department; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to approve and issue a work order and/or other customary documents for engineering services approving the expenditure in an amount not to exceed $839,241.52, from October 1, 2023 until September 30, 2024; and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) APPROVED 7-0 RESOLUTION NO. 2023-171 Q. RESOLUTION: Proposed resolution approving a Piggyback Contract by the City of Fulshear, Texas and Inframark authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Inframark in the amount not to exceed $248,252.00, for the purchase of fire hydrant repair, maintenance, and replacement, 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. 2023-172 REPORT: Kevin Lynskey, Director of the Hialeah Department of Public Works, spoke on the item. REPORT: Motion to Approve Item Q made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 7-0. R. RESOLUTION: Proposed resolution to accept grant monies awarded to the City of Hialeah, as participating agency, by the State of Florida Department of Environmental Protection (FDEP) in the amount of $400,000.00 for the City of Hialeah Comprehensive Vulnerability Assessment Project to analyze and plan for potential impacts of flood and sea level rise in the City of Hialeah; 11/17/2023 4:10 PM  and authorizing the Mayor or his designee to execute all necessary documents and agreements in furtherance thereof; and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-173 S. RESOLUTION: Proposed resolution approving the renewal of a Right-of-Way Turf and Landscape Maintenance Agreement for Sector 1 within the corporate limits of the City of Hialeah, for a term of one year, commencing on October 1, 2023 and ending on September 30, 2024, in amounts as specified herein with Visualscape, Inc. and Super Landscape & Maintenance, Inc.; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the contract renewal and all other customary and necessary documents to carry out this resolution; and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-174 T. RESOLUTION: Proposed resolution approving the renewal of a Right-of-Way Turf and Landscape Maintenance Agreement for Sector 2 within the corporate limits of the City of Hialeah, for a term of one year, commencing on October 1, 2023 and ending on September 30, 2024, in amounts as specified herein with Visualscape, Inc. and Super Landscape & Maintenance, Inc.; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the contract renewal and all other customary and necessary documents to carry out this resolution; and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-175 U. RESOLUTION: Proposed resolution approving the renewal of a Right-of-Way Turf and Landscape Maintenance Agreement for Sector 3 within the corporate limits of the City of Hialeah, for a term of one year, commencing on October 1, 2023 and ending on September 30, 2024, in amounts as specified herein with Super Landscape & Maintenance, Inc. and Visualscape, Inc.; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the contract renewal and all other customary and necessary documents to carry out this resolution; and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-176 11/17/2023 4:10 PM  V. RESOLUTION: Proposed resolution approving the renewal of a Right-of-Way Turf and Landscape Maintenance Agreement for Sector 4 within the corporate limits of the City of Hialeah, for a term of one year, commencing on October 1, 2023 and ending on September 30, 2024, in amounts as specified herein with Super Landscape & Maintenance, Inc. and Visualscape, Inc.; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the contract renewal and all other customary and necessary documents to carry out this resolution; and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-177 W. RESOLUTION: Proposed resolution approving the renewal of a Right-of-Way Turf and Landscape Maintenance Agreement for Sector 5 within the corporate limits of the City of Hialeah, for a term of one year, commencing on October 1, 2023 and ending on September 30, 2024, in amounts as specified herein with Super Landscape & Maintenance, Inc. and Visualscape, Inc.; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the contract renewal and all other customary and necessary documents to carry out this resolution; and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-178 X. RESOLUTION: Proposed resolution approving the renewal of Right-of-Way Turf and Landscape Maintenance Agreement for Sector 6 within the corporate limits of the City of Hialeah, for a term of one year, commencing on October 1, 2023 and ending on September 30, 2024, in amounts as specified herein with Visualscape, Inc. and Super Landscape & Maintenance, Inc.; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the contract renewal and all other customary and necessary documents to carry out this resolution; and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-179 Y. RESOLUTION: Proposed resolution approving a piggyback contract of the contract specified herein by the City of Hialeah for the pressure cleaning of sidewalks, curbing, gutters, medians, and separators on municipal streets on a city-wide basis; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order, piggyback letter and any other customary purchasing documents to Bel Air Maintenance, Inc. (the vendor) in an amount not to exceed $335,594.40, and in substantial conformity with the agreement deemed as attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (STREETS) 11/17/2023 4:10 PM  APPROVED 7-0 RESOLUTION NO. 2023-180 Z. RESOLUTION: Proposed resolution authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to increase Purchase Order 2019-956 with Acosta Tractors, Inc, to relocate a mast arm and modify the turning radius on the northeast corner of the NW 102 Avenue and NW 138 Street intersection to allow for large trucks to maneuver the westbound to northbound right turns; approving the expenditure in an amount not to exceed $239,059.03, and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-181 AA. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Hialeah for the City’s street sweeping 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(s) to Sweeping Corp. of America, doing business in Florida as USA Services of Fla, LLC. (“Supplier”) in the total amount not to exceed $209,383.02, for the purchase of one year of street sweeping services throughout the City and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2023-182 REPORT: Jose Sanchez, Director of the Hialeah Streets Department, spoke on the item. REPORT: Motion to Approve Item AA made by Council Member Calvo, and seconded by Council Member Rodriguez. Motion passes 7-0. BB. RESOLUTION: Proposed resolution approving the attached Investment Policy of the Oversight Committee of the City of Hialeah Elected Officials’ Retirement Account (‘Investment Policy’); and providing for an effective date. (RETIREMENT DIVISION) APPROVED 7-0 RESOLUTION NO. 2023-183 CC. SPECIAL EVENT PERMIT: Request from Samurai Fireworks, LLC, located at 7950 Northwest 53rd Street, Suite 337, Miami, Florida, for permission to install a seasonal tent for the sale of fireworks at the company’s Hialeah location of 2122 West 62 Street, Hialeah, Florida, property zoned M-1 Industrial District, with set-up taking place on Wednesday, December 13, 2023 and 11/17/2023 4:10 PM  take down on Friday, January 5, 2024, and sales commencing on Sunday, December 17, 2023 ending on Sunday, December 31, 2023, subject to compliance with the requirements of the Fire Department and the Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 DD. SPECIAL EVENT PERMIT: Request from Francisco Perez, on behalf of Rincon de San Lazaro Church, located at 1190 East 4th Avenue, Hialeah, Florida, for permission to host a festival and procession, on Saturday, December 16, 2023 from 9:00 a.m. to 12:00 a.m. on Monday, December 18, 2023, with the vigil to be held in the parking lot of the church, expecting approximately 500 attendees in accordance with the requirements of the Police Department, Fire Department and Risk Management. (OFFICE OF THE CITY CLERK) APPROVED 7-0 EE. RESOLUTION: Proposed resolution establishing an Affordable Housing Task Force that will provide comprehensive research and planning that will address the challenges and opportunities related to affordable housing within the City and report their findings, data, and recommendations to the Mayor; stating the task force’s purpose, powers, duties, composition, and membership appointment; providing for a chair, meetings, quorum, and public notice requirements; and providing for an effective date. (SPONSOR: COUNCIL MEMBER TUNDIDOR) (CO-SPONSOR: MAYOR BOVO) APPROVED 7-0 RESOLUTION NO. 2023-184 REPORT: Motion to Approve Item EE made by Council Member Tundidor, and seconded by Council Member Calvo. Motion passes 7-0. FF. Request permission to approve a donation in the amount of $135,000.00 to the Hialeah Housing Authority to fund the Elderly Residents’ Meals and Supportive Services Program that is partially funded through the Alliance for Aging Grant. The City has collaborated with the Hialeah Housing Authority to provide meals, nutrition education and counseling as supportive services to the elderly residents of the Hialeah Housing Authority. The funding for this expenditure is to be drawn against the General Fund - Hot Lunch Program - HHA Account No. 001.8500.569.813. (FINANCE MANAGEMENT DEPARTMENT) APPROVED 7-0 GG. Request permission to approve a contribution to the Hialeah Housing Authority to defray the costs of transportation services to the elderly residents of the City and the Hialeah Housing Authority, in 11/17/2023 4:10 PM  a total cumulative amount not to exceed $53,000.00. The City has collaborated with the Hialeah Housing Authority to provide transportation services to these residents, which includes transportation to social functions, events and fieldtrips throughout the City and the County. The funding for this expenditure is to be drawn against the General Fund - Senior Citizens Activities - HHA Account No. 001.8500.569.812. (FINANCE MANAGEMENT DEPARTMENT) APPROVED 7-0 HH. Proposed resolution designating Palm Avenue as “President Donald J. Trump Avenue” in recognition of the 45th President of the United States of America, with the cost of signage to be paid by the City; and providing for an effective date. (ADMINISTRATION) On June 16, 2022 the Historic Preservation Board recommended denial of the renaming of Palm Avenue. APPROVED 7-0 RESOLUTION NO. 2023-185 REPORT: Mayor Bovo spoke on this item. REPORT: Motion to Approve Item HH made by Council Member Tundidor, and seconded by Council Member Calvo. Motion passes 7-0. II. ADD ON ITEM: SPECIAL EVENT PERMIT: Request from Frank Diaz, on behalf of Fly High Fireworks LLC, located at 5378 West 16th Avenue, Hialeah, Florida 33012, for permission to install a seasonal tent for the sale of fireworks at 5378 West 16 Avenue, Hialeah, Florida 33012, property zoned C-2 Liberal Retail Commercial District, with sales scheduled to take place from Friday, December 22, 2023 through Monday, January 1, 2024, with the hours of operation from 10:00 a.m. to 10:00 p.m., subject to the requirements of the City’s Fire Department and Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 JJ. ADD ON ITEM: SPECIAL EVENT PERMIT: Request from Leonardo Gonzalez, on behalf of Red Nose Entertainment Corp., located at 3619 Northwest 101st Street, Miami, Florida, for a special event permit to host a traditional circus show to not include animals in none of the ninety (90) minute performances, as well as permission to install a red and white circus tent, with the event scheduled to take place from Friday, December 1, 2023 through Sunday, January 7, 2024, at the parking lot of Westland Mall, located at 1675 West 49th Street, Hialeah, Florida, in accordance with the requirements of the Hialeah Fire Department, Police Department and Risk Management Department. 11/17/2023 4:10 PM  (OFFICE OF THE CITY CLERK) APPROVED 7-0 REPORT: Motion to Approve Item JJ made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 7-0. KK. ADD ON ITEM: SPECIAL EVENT PERMIT: Request from Saint Benedict Catholic Church, located at 701 West 77th Street, Hialeah, Florida, to host an annual perish festival on church grounds, including music, and entertainment on Thursday, February 22, 2024 from 6:00 p.m. to 10:00 p.m., Friday, February 23, 2024, from 6:00 p.m. to 11:00 p.m., Saturday, February 24, 2024, from 12:00 p.m. to 11:00 p.m., Sunday, February 25, 2024, from 11:00 a.m. to 10:00 p.m. with an expectancy of approximately 800 attendees, in accordance with the requirements of the Hialeah Fire Department, Police Department and Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 LL. ADD ON ITEM: RESOLUTION: Proposed resolution authorizing the Mayor to expend from the City’s general funds an amount not to exceed $6,000 in direct payment(s) of the funeral viewing arrangements and services at Vista Funeral Home for the late 911 Communications Manager Brandi Pameijer; a City of Hialeah Supervisor of the Public Safety 911 Communications Division, and providing for an effective date. (ADMINISTRATION) APPROVED 7-0 RESOLUTION NO. 2023-186 MM. ADD ON ITEM: RESOLUTION: Proposed resolution pursuant to the City Charter and Code of Ordinances, to remove former Councilperson Vivian Casals-Muñoz as chairperson of the City of Hialeah Centennial Committee, and appointing Council President Monica Perez as the chairperson of the City of Hialeah Centennial Committee; and providing for an effective date. (ADMINISTRATION) APPROVED 7-0 RESOLUTION NO. 2023-187 NN. ADD ON ITEM: SPECIAL EVENT PERMIT: Request from Erin Plascencia, on behalf of Verizon Communications Inc., to host a Verizon store on wheels to service customers, from Tuesday, November 21, 2023 to Thursday, December 14, 2023 from 11:00 a.m. to 7:00 p.m., at the parking lot of Westland Mall located at 1675 West 49th Street, Hialeah, Florida 33012, expecting 11/17/2023 4:10 PM  approximately 40 to 50 attendees in accordance with the requirements of the Hialeah Fire Department, Police Department and Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 OO. ADD ON ITEM: SPECIAL EVENT PERMIT: Request from Erin Plascencia, on behalf of Verizon Communications Inc., to host a Verizon store on wheels to service customers from Friday, December 15, 2023 to Saturday, January 13, 2024 from 11:00 a.m. to 7:00 p.m., at the parking lot of Westland Mall located at, 1675 West 49th Street, Hialeah, Florida 33012, expecting approximately 40-50 attendees in accordance with the requirements of the Hialeah Fire Department, Police Department and Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 PP. Request permission to approve the minutes of the Special Meeting of the City Council Meeting held on November 6, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 7-0 13. ADMINISTRATIVE ITEMS 13 A. ORDINANCE: Second reading and public hearing 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) On October 24, 2023, the item was approved on first reading by the City Council. Second reading and public hearing is scheduled for November 14, 2023. APPROVED 7-0 ORDINANCE NO. 2023-118 11/17/2023 4:10 PM  REPORT: Council President Perez opened the item for public participation and three members of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. 1. Jose Azze, 788 Southeast Park Drive, spoke in support of the Hialeah Police Department. 2. Eric Johnson, Local 1102, addressed the City Council via Zoom. 3. Juan Santana, 5601 West 10 Avenue, spoke on this item. REPORT: Motion to Approve Administrative Item 13A made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 7-0. 14. UNFINISHED BUSINESS A. Report of Scrivener’s Error: Pursuant to Section 30-31 – Agenda of City Council Meetings – of the City of Hialeah Code, the City Clerk has amended Ordinance No. 2023-112, which was passed and adopted by the City Council on October 10, 2023. The ordinance has been amended to reflect the entirety of the legal description as described in the Plat Book of the Public Records of Miami-Dade County and certified by the Surveyor’s Opinion. Exhibits A-1 (South Half Park Drive) and A-2 (North Half Park Drive), both containing the full description of the subject property, have been added to Ordinance No. 2023-112. (LAW DEPARTMENT) (OFFICE OF THE CITY CLERK) REPORTED REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. 15. NEW BUSINESS REPORT: Motion to direct the Law Department to draft legislation creating a Immigration Task Force for the City of Hialeah made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 7-0. 16. LANDUSE REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. REPORT: Council President Perez moved Item PZ 3 out of the order of the agenda with no 11/17/2023 4:10 PM opposition from the City Council. LU 1. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Transit Oriented Development District; property located at 980 East 27 Street, Hialeah, zoned R-1 (One-Family District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Melissa Tapanes Llahues, 200 South Biscayne Boulevard, Suite 300, Miami, Florida 33131, on behalf of Metro Parc Hialeah II, LLC. Registered Lobbyist: Martiza Haro Salgado, 200 South Biscayne Boulevard, Suite 300, Miami, Florida 33131 on behalf of Metro Parc Hialeah II, LLC. On October 25, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Metro Parc Hialeah II, LLC, Jenny A. Ducret, 301 Almeria Avenue, Suite 330, Coral Gables, Florida 33134, Victoriano and Teresita Carmenate, 980 East 27th Street, Hialeah, Florida 33013. APPROVED 7-0 REPORT: Maritza Haro Salgado, 200 South Biscayne Boulevard, Suite 300, addressed the City Council on behalf of the applicant. Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for December 12, 2023. LU 2. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Medium-Density Residential to High-Density Residential; property located at 1050 and 1070 SE 9 Court, Hialeah, zoned R-3 (One-Family District); repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155 Street, Miami Lakes, Florida 33016, on behalf of H 1070 LLC. On October 25, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: H 1070 LLC, 6500 Cowpen Road, Suite 101, Miami Lakes, Florida, 33014, Eddy Gomez, Juan Pulles, and Danis Pulles, 8814 Northwest 176 Street, Miami, Florida 33018. 11/17/2023 4:10 PM  APPROVED 5-2 with Council President Perez and Council Member Tundidor not present during roll call. REPORT: Ceasar Mestre, Esq., 8105 Northwest 155 Street, Miami Lakes, addressed the City Council PowerPoint Presentation via Zoom on behalf of the applicant, a copy of the PowerPoint Presentation 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 LU 2 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 5-2 with Council President Perez and Council Member Tundidor not present during roll call. Council President Perez and Council Member Tundidor recorded their vote as “Yes” after the item was approved. REPORT: Second reading and public hearing is scheduled for December 12, 2023. 17. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing 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. On October 24, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 14, 2023. 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 6-1 with Council Member Tundidor not present during roll call. 11/17/2023 4:10 PM  ORDINANCE NO. 2023-119 REPORT: Council President Perez opened the item for public participation and one (1) member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. 1. Frank De la Paz, 1100 SW 104 Street, addressed the City Council. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. REPORT: Rafael Suarez-Rivas, City of Hialeah City Attorney, spoke on the item. REPORT: Carlos Espinosa, 1435 West 29 Place, spoke on the item. Motion to Approve Item PZ 1 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Tundidor not present during roll call. Council Member Tundidor recorded his vote as “Yes” after the item was approved. PZ 2. 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. On October 10, 2023, the second reading and public hearing of the item was 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. 11/17/2023 4:10 PM  Property Owner: Niurka Bonero, 1015 East 4th Avenue, Hialeah, Florida 33010 and E &W Development LLP, 1150 West 23rd Street, Hialeah, Florida 33010. APPROVED 7-0 ORDINANCE NO. 2023-120 REPORT: Council President Perez opened the item for public participation and one (1) member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. 1. Jose Azze, 788 Southeast Park Drive, addressed the City Council. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. REPORT: Rafael Suarez-Rivas, City of Hialeah City Attorney, spoke on the item. REPORT: Motion to direct the Law Department to draft a resolution directing the Planning and Zoning Official to publish postcard notices (direct notice) and signage for Planning and Zoning Items in English and Spanish, made by Council Member Tundidor. Motion was rescinded. REPORT: Council Member Tundidor rescinded is motion. Motion to Approve Item PZ 2 made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 7-0. PZ 3. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to TOD (Transit Oriented Development District); property located at 980 East 27 Street, Hialeah, zoned R-1 (One-Family District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Melissa Tapanes Llahues, 200 South Biscayne Boulevard, Suite 300, Miami, Florida 33131 on behalf of Metro Parc Hialeah II, LLC. Registered Lobbyist: Martiza Haro Salgado, 200 South Biscayne Boulevard, Suite 300, Miami, Florida 33131 on behalf of Metro Parc Hialeah II, LLC. On October 25, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Metro Parc Hialeah II, LLC, Jenny A. Ducret, 301 Almeria Avenue, Suite 330, Coral Gables, Florida 33134, Victoriano and Teresita Carmenate, 980 East 27th Street, Hialeah, Florida 33013. 11/17/2023 4:10 PM  APPROVED 6-0-1 Motion to Approve Item PZ 3 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Tundidor not present during roll call. Council Member Tundidor recorded his vote as “Yes” after the item was approved. REPORT: Second reading and public hearing is scheduled for December 12, 2023. PZ 4. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) overlay pursuant to Hialeah Code of Ordinances §98-1630.8; granting a Variance Permit to allow 17% of the units with an area of 692 square feet, where 850 square feet is the minimum area required, and only 10% of the units may have an area of 600 square feet and a variance to waive the building mass and building frontage development standards, all in contrast to the Hialeah Code of Ordinances §§ 98-1630.2 and 98-1630.3(c) and (d). Property located at 1116 Palm Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District); 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. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of 1116 Property Holding OZ, LLC. On October 25, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Ivan A. Herrera, Luis Castro, and Ania F. Herrera, 528 Northwest 7 Avenue, Miami, Florida 33136. APPROVED 7-0 Motion to Approve Item PZ 4 made by Council Member Tundidor, and seconded by Council Member Calvo. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for December 12, 2023. 16. CITY COUNCIL DISCUSSION None reported. 17. ADJOURNMENT REPORT: Council President Perez adjourned the meeting at 9:45 p.m. 11/17/2023 4:10 PM NEXT CITY COUNCIL MEETING: Tuesday, December 12, 2023 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: February 27, 2024 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). 11/17/2023 4:10 PM