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 December 12, 2023 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:07 p.m. 2. ROLL CALL A. REPORT: Brigette Leal, Deputy City Clerk, called the roll with Council Member Calvo absent. B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Brigette Leal, Deputy City Clerk, was present. 3. Rafael Suarez-Rivas, City Attorney, was present. C. REPORT: 1. Council Member Calvo arrived at 7:12 p.m. during the presentations portion of the meeting. 3. INVOCATION A. Brigette Leal, Deputy City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE 12/21/2023 4:32 PM  A. Council President Tundidor 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: Brigette Leal, Deputy City Clerk, read the meeting guidelines. 6. PRESENTATIONS 12/21/2023 4:32 PM  A. Presentation by Grisel Torralbas, Library Administrator, and Theresa Cuba, Library Services Supervisor, regarding the City libraries. (OFFICE OF THE MAYOR) REPORT: PRESENTED 7. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive any email message to be read into the record from a person interested in making comments or posing questions on matters of public concern. B. REPORT: No member of the public participating via Zoom expressed interest in making comments or posing questions on matters of public concern. C. REPORT: Ten (8) members of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting. 1. Justa Azze, 788 Southeast Park Drive, Hialeah, presented a video. 2. Elisa Azze, 12350 Southwest 97 Terrace, spoke regarding Three Friends Park. 3. Jose Azze, 788 Southeast Park Drive, Hialeah, spoke regarding Three Friends Park. 4. Ernesto Proveyer, 1155 West 77 Street, spoke regarding rent increase by landlords. 5. Juan Santana, 5601 West 10 Avenue, commended the Mayor for having Palm Avenue pressure cleaned, Spots by el Corazon event, and the appointment of a Code Compliance Department Director. 6. Elias Montes De Oca, 684 West 63rd Drive, Hialeah, Florida 33012, spoke regarding supporting local churches. 7. Christopher Monzon, 7540 West 28th Avenue, Hialeah, Florida 33016, spoke regarding the holiday lighting throughout the City and the Three Friends Park. 8. Ferny Coipel, 3760 East 6th Avenue, Hialeah, spoke regarding the Board Appointment Item 9A and street naming applications. D. REPORT: Two member of the administration spoke regarding Three Friends Park: 1. Debora Storch, Planning and Zoning Official 2. William Sanchez, Parks and Recreation Director for the City of Hialeah 12/21/2023 4:32 PM  8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. Postponed Items: 1. Board Appointment Item 9A has been postponed until January 9, 2024. B. Amended Items: 1. Consent Item E 2. Consent Item RR 3. Consent Item SS 4. Consent Item ZZ C. Add-On Items: 1. Consent Item BBB 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution appointing Manuel Reyes to the Historic Preservation Board of the City of Hialeah for a three (3) – year term beginning on December 12, 2023 ending on December 11, 2026. (MAYOR BOVO) POSTPONED UNTIL JANUARY 9, 2024. 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 Perez requested separate discussion on Consent Items U, V, UU, and BBB. REPORT: Council Member Pacheco requested a separate discussion on Consent Item O, JJ, and LL. REPORT: Council President Tundidor requested separate discussion on Consent Item P and WW. 12/21/2023 4:32 PM  REPORT: Motion to Approve the Consent Agenda, except Items O, P, U, V, JJ, LL, UU, WW and BBB made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo away during roll call. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve the Consent Agenda was approved. A. Request permission to approve the minutes of the City Council Meeting held on November 14, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 6-1 with Council Member Calvo away during roll call. B. RESOLUTION: Proposed resolution approving a Fourth Amendment to the Agreement between the City of Hialeah and Motorola for the purchase of hardware, software and installation services for Vigilant Automatic License Plate Readers, approved by Hialeah, Florida Resolution No. 2020- 052 (April 28, 2020), in an amount not to exceed $851,630.00, based on a competitive bid price and upon material terms and conditions substantially similar to Broward County Sheriff’s Office Solicitation Bid No. 19053JLS; authorizing the Mayor and the City Clerk, as attesting witness on behalf of the City, to execute a Fourth Amendment to the Agreement, attached hereto in substantial form and made a part hereof as Attachment “1”; and providing for an effective date. (EMERGENCY MANAGEMENT DEPARTMENT) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-188 C. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Tallahassee Agreement No. 5179-2024 with Alan Jay Chevrolet, for the purchase of three (3) 2024 Chevy Silverado Trucks; 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 Alan Jay Chevrolet in the amount not to exceed $128,538.00, for the purchase of the referenced motor vehicles to be utilized by the City of Hialeah Fire Department, and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A", and authorizing the Mayor or his designee to enter into a Supplemental Agreement attached hereto and made a part hereof as "Exhibit B," and providing for an effective date. (FIRE DEPARTMENT) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-189 D. RESOLUTION: Proposed resolution approving a piggyback Contract #22-730-G by the City of Lake County with Municipal Emergency Services Inc., and authorizing the Mayor or his designee to enter into a Supplemental Agreement attached hereto as Exhibit "B", and furthermore authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Municipal Emergency Services, Inc. in the amount not to exceed $26,855.00, and in substantial conformity with the agreement attached hereto and made a part of hereof as "Exhibit A", for the use of target solutions, an educational training website to be utilized by members of the 12/21/2023 4:32 PM  City of Hialeah Fire Department for on-line Fire Department training courses and other official purposes; and providing for and effective date. (FIRE DEPARTMENT) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-190 E. RESOLUTION: Proposed resolution approving a contract between the City of Hialeah and the Florida Department of Transportation, authorizing the Mayor or his designee and the City Clerk as attesting witness, on behalf of the City, to issue a purchase order to Florida Department of Transportation in the amount not to exceed $48,950.00, for the purchase of utility work services 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 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-191 F. RESOLUTION: Proposed resolution amending the City's Action Plan for federal funds for the program year 2019 for the Community Development Block Grant COVID-19 (CDBG-CV) Program in the amount of $513,825.00 and the program year 2022 Community Development Block Grant (CDBG) Program in the amount of $187,586.00; authorizing the execution of all applicable documents related to the appropriation and allocation of these program funds; and submission of the Amended One-Year Action Plans to the Department of Housing and Urban Development (HUD) for the program years impacted; further authorizing the Mayor and City Clerk to execute Intradepartmental Agreements for subrecipients of these funds; and providing for an effective date. (GRANTS AND HUMAN RESOURCES DEPARTMENT) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-192 G. RESOLUTION: Proposed resolution requesting approval for the design, installation, start-up and controls of an indoor range ventilation system for the Hialeah Police Department, in the total amount of $452,375.00, to Carey's Heating & Air Conditioning, Inc., a sole source provider; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof, including a Purchase Agreement with Carey's Heating and Air Conditioning, Inc. attached as Exhibit C; and approving the expenditure in a total amount not to exceed $452,375.00 to Carey's Heating & Air Conditioning, Inc. from the General Fund Account; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-193 12/21/2023 4:32 PM  H. Request approval to retain the professional services of CapFinancial Partners, LLC, as the investment advisor to the City’s Employees Retirement System Board of Trustees, from October 1, 2023 through September 30, 2024, in a total expense amount not to exceed $143,000.00. The funding for this expenditure is to be withdrawn from General Fund – Investment Advisor Account No. 001.4210.513.340. (RETIREMENT DIVISION) APPROVED 6-1 with Council Member Calvo away during roll call. I. Request approval to retain the professional services of Burgess Chambers and Associates, Inc., as the investment advisor to the City of Hialeah Deferred Compensation and Defined Contribution Committee, from October 1, 2023 through September 30, 2024, in a total cumulative expense amount not to exceed $65,000.00. The funding for this expenditure is to be drawn against the General Fund – Professional Services Account No. 001.4210.513.310. (RETIREMENT DIVISION) APPROVED 6-1 with Council Member Calvo away during roll call. J. Request approval to retain the professional services of Burgess Chambers and Associates, Inc., as the investment advisor to the Elected Officers’ Retirement Trust Oversight Committee, from October 1, 2023 through September 30, 2024, in a total cumulative expense amount not to exceed $18,000.00. The funding for this expenditure is to be drawn against the Elected Officials Retirement Fund – Professional Services Account No. 602.8500.513.311. (RETIREMENT DIVISION) APPROVED 6-1 with Council Member Calvo away during roll call. K. Request permission to retain the professional services of Gabriel, Roeder, Smith & Company, for actuarial services, in a total expense amount not to exceed $22,000.00. The funding for this expenditure is to be drawn against the Elected Officials Retirement Fund – Professional Services – Actuarial Account No. 602.8500.513.310. (RETIREMENT DIVISION) APPROVED 6-1 with Council Member Calvo away during roll call. L. RESOLUTION: Proposed resolution accepting a grant award from The Children's Trust in the amount of $1,300,000.00, for the Creative Learning & Play (CL&P), Step Ahead, and Young Leaders with Character (YLC) aftercare and summer camp programs for one-year commencing on August 15, 2023 through August 14, 2024; approving and ratifying a Grant Agreement between the Children's Trust and the City of Hialeah for aftercare and summer camp programs, a copy of 12/21/2023 4:32 PM  which is attached hereafter and incorporated herein as Exhibit "A"; and further authorizing the Mayor or his designee to execute any and all agreements and documents in furtherance thereof; and providing for an effective date. (EDUCATION AND COMMUNITY SERVICES) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-194 M. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Tallahassee and Alan Jay Automotive Management, Inc., Agreement No. 5179-2024, for the purchase of five (5) 2024 Chevy Colorado Trucks; 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 Alan Jay Automotive Management, Inc. in the amount not to exceed $159,630.00, for the purchase of the referenced motor vehicles to be utilized by the City of Hialeah Fire Department, and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A", and authorizing the Mayor or his designee to enter into all necessary documents in furtherance thereof upon the approval of the City Attorney, including a Supplemental Agreement attached hereto and made a part hereof as "Exhibit B"; and providing for an effective date. (FIRE DEPARTMENT) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-195 N. RESOLUTION: Proposed resolution approving a piggyback contract by Lake County, Florida and Municipal Equipment Company, LLC., Agreement No. 22-730H, for the purchase of fire equipment, supplies, and 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 Municipal Equipment Company, LLC. in the amount not to exceed $42,183.75, for the purchase of firefighting suppression foam to be used by the City of Hialeah Fire Department, and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A"; and authorizing the Mayor or his designee to enter into all necessary documents in furtherance thereof upon the approval of the City Attorney, including a Supplemental Agreement attached hereto and made a part hereof as "Exhibit B;" and providing for an effective date. (FIRE DEPARTMENT) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-196 O. 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 a purchase order to Jorge Leon Car Wash, Inc. to provide wash and detail services for the City’s Fleet of Vehicles, in an amount not to exceed $75,000.00, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) 12/21/2023 4:32 PM  APPROVED AS AMENDED 7-0 RESOLUTION NO. 2023-197 REPORT: Anibal Rioseco, Director of the City’s Fleet and Maintenance Department, spoke on them item. REPORT: Motion to Approve Item O as Amended (vendor will submit a current City of Hialeah Occupational License) made by Council Member Pacheco, and seconded by Council Member Rodriguez. Motion passes 7-0. P. 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 increase a purchase order issued to National Auto Parts Warehouse, LLC. in the amount of $25,000.00 by $100,000.00 in a total amount not to exceed $125,000.00 for the purchase of original equipment manufacturer and aftermarket parts for all City vehicles, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 5-0-2 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-198 REPORT: Motion to Approve Item P made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 5-0-2 with Council Member Calvo away during roll call, and Council Member Rodriguez having abstained from voting. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve had passed. Q. 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 a purchase order to Avaya LLC. f/k/a Avaya, Inc., in the amount not to exceed $214,384.80, for the purchase of a five-year Subscription Agreement for the City's primary phone system's maintenance, services, and support, and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A", and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-199 R. RESOLUTION: Proposed resolution accepting and approving the fiscal year 2023 Affordable Housing Incentives Strategies Report and recommendations from the Affordable Housing Advisory Committee (AHAC), a copy of which is attached hereto as "Exhibit 1 "; and authorizing the Mayor or his designee, and the City Clerk as attesting witness, to execute any and all necessary certifications as may be required by the Housing Finance Corporation in furtherance of its SHIP Funded Local Housing Assistance Initiatives; and authorizing the Mayor to transmit a copy of this resolution and the report to the Florida Housing Finance Corporation for approval; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) 12/21/2023 4:32 PM  APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-200 S. Request permission to increase Purchase Order No. 2021-2174, issued to Springbrook Holding Company, LLC, developer of the billing system used by the City’s Department of Public Works, to cover additional support provided during the migration and upgrade to the cloud subscription, by an additional amount of $6,414.95, for a new total cumulative expense amount not to exceed $184,459.95. On August 10, 2021 (Item SS), the City Council approved a three-year agreement with this vendor for a cloud subscription. The funding for the expenditure will be drawn against the Water & Sewers Division Fund - Repair & Maintenance Equipment Account No. 450.9500.536.462. (INFORMATION TECHNOLOGY) APPROVED 6-1 with Council Member Calvo not present during the roll call. T. RESOLUTION: Proposed resolution authorizing the use of State Housing Initiative Partnership (SHIP) program funds in the amount of $500,000.00 to Metro Grande III Associates, LTD. to facilitate the successful construction of Metro Grande III, a mixed-income affordable housing development; approving the terms of these funds as they are part of the approved existing Local Housing Assistance Plan (LHAP) 2022-2025 as set forth in Exhibit 1; authorizing the Mayor or his designee, to execute and deliver the SHIP funds and all other necessary and customary documents in furtherance thereof on behalf of the City; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-201 U. Request permission to issue a purchase order to 4 Best Business Corp., for temporary administrative and industrial services staffing for four (4) City Council Aides, in a total expense amount not to exceed $155,000.00. On April 11, 2023 the City Council approved City of Hialeah Resolution No. 2023-034 authorizing a piggy back agreement for Temporary Administrative/Office and Industrial Services Staffing with the vendor, effective through February 11, 2024. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.0220.512.310. (OFFICE OF THE CITY CLERK) APPROVED 6-1 with Council Member Calvo voting “No”. REPORT: Elsa Jaramillo-Velez, Human Resources Director, spoke on the item. REPORT: Brigette Leal, Deputy City Clerk, spoke on the item. REPORT: Motion to Approve Item U made by Council Member Perez, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo voting “No”. 12/21/2023 4:32 PM  V. Request permission to issue a purchase order to FoxHire, LLC, for temporary administrative and industrial services staffing for three (3) City Council Aides, in a total expense amount not to exceed $155,025.00. On October 13, 2020 the City Council approved, as requested by the Human Resources Department, this vendor for employment services provided to the City for the transition of six part-time Council Aides to full-time contractors employed by the vendor. The funding for the expenditure in is to be withdrawn from the General Fund – Professional Services Account No. 001.0220.512.310. (OFFICE OF THE CITY CLERK) APPROVED 6-1 with Council Member Calvo voting “No”. REPORT: Motion to Approve Item V made by Council Member Perez, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Calvo voting “No”. W. RESOLUTION: Proposed resolution approving a piggyback contract of the City of Miami Beach for off-site record retention 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 in an amount not to exceed $55,000.00, for off-site record retention services and to be undertaken in substantial conformity with the agreements attached hereto, and providing for an effective date. (OFFICE OF THE CITY CLERK) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-202 X. RESOLUTION: Proposed resolution approving a piggyback contract between Florida Department of Management Services and Avis Budget Group, Inc. 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 Avis Budget Group, Inc. in the amount not to exceed $75,000.00, for renting of motor vehicles to be utilized by members of the Hialeah Police Department for covert and complex investigations; and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A"; and authorizing the Mayor or his designee to enter into all necessary documents in furtherance thereof upon approval of the City Attorney including Supplemental Agreement attached hereto and made part hereof as "Exhibit C"; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-203 Y. Request permission to retain the professional services of Comerica Bank, as the benefit payment bank to the Employee’s Retirement System, for fiscal year 2024, and further request permission to issue a purchase order to the vendor for a fee that is based on quarterly statements, in a total expense amount not to exceed $45,000.00. 12/21/2023 4:32 PM  The funding for this expenditure will be drawn against the General Fund – Pension Benefit Costs Account No. 001.4210.513.360. (RETIREMENT DIVISION) APPROVED 6-1 with Council Member Calvo not present during the roll call. Z. Request permission increase Purchase Order No. 2023-2595, issued to Comerica Bank, as the benefit payment bank to the Employee’s Retirement System, by an additional amount of $13,886.49, to finish paying off additional expenses from the previous fiscal year, for a new total cumulative expense amount not to exceed $39,886.49. The funding for this expenditure will be drawn against the General Fund – Pension Benefit Costs Account No. 001.4210.513.360. (RETIREMENT DIVISION) APPROVED 6-1 with Council Member Calvo not present during the roll call. AA. Request permission increase Purchase Order No. 2023-2594, issued to Comerica Bank, custodial bank for the City’s Employee’s Retirement System, by an additional amount of $47,375.15, to finish paying off additional expenses from the previous fiscal year, for a new total cumulative expense amount not to exceed $112,375.15. The funding for this expenditure will be drawn against the General Fund – Custodial Adv Account No. 001.4210.513.315. (RETIREMENT DIVISION) APPROVED 6-1 with Council Member Calvo not present during the roll call. BB. Request permission to retain the professional services of Comerica Bank, as the custodial bank for the Employee’s Retirement System, beginning for fiscal year 2024, and further request permission to issue a purchase order to the vendor for a fee based on quarterly statements, in a total expense amount not to exceed $125,000.00. The funding for this expenditure will be drawn against the General Fund – Custodial Adv Account No. 001.4210.513.315. (RETIREMENT DIVISION) APPROVED 6-1 with Council Member Calvo not present during the roll call. CC. Request permission to issue a purchase order to Hazen and Sawyer, P.C., vendor approved by the City Council on March 8, 2022 in accordance with the recommendations of the City’s Selection Committee for engineering services in response to Request for Qualifications No. 2021/22-9500- 00-001 – General Consultants for Engineering and Architectural Services, for the Rehabilitation Annual Report and Illicit Stormwater Discharge Reporting, in a total cumulative amount not to exceed $72,441.00. 12/21/2023 4:32 PM  The funding for this expenditure is to be withdrawn from the Water & Sewers Division Fund – Professional Services Account No. 450.9520.535.310. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-1 with Council Member Calvo not present during the roll call. DD. Request permission to issue a purchase order to Hazen and Sawyer, P.C., vendor approved by the City Council on March 8, 2022 in accordance with the recommendations of the City’s Selection Committee for engineering services in response to Request for Qualifications No. 2021/22-9500- 00-001 – General Consultants for Engineering and Architectural Services, for the wastewater collection and transmission system model calibration update, in a total cumulative amount not to exceed $157,717.00. The funding for this expenditure is to be withdrawn from the Water & Sewers Division Fund – Professional Services Account No. 450.9520.535.310. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-1 with Council Member Calvo not present during the roll call. EE. Request permission to issue a purchase order to Springbrook, LLC, provider and developer of the billing system used by the City’s Department of Public Works, for professional services in the nature of consultants, for the annual support and maintenance of web payments, pay by phone and utility billing systems, including monthly Civic IVR payments, in the amount of $57,708.00, and further authorizing a contingency in the amount of $8,000.00, for a total cumulative expense amount not to exceed $65,708.00. The funding for this expenditure will be drawn against the Water & Sewers Division Fund - Repair & Maintenance Equipment Account No. 450.9500.536.462. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-1 with Council Member Calvo not present during the roll call. FF. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to enter into a Professional Services Agreement in a form acceptable to the City with Sedgwick Claims Management Services, Inc., to provide administrative services for the City of Hialeah's Self- Insurance Program in the areas of auto liability, general liability, auto physical damage, police and fire professional liability, and workers' compensation, and for the Mayor or designee, and the City Clerk as attesting witness, to issue the required purchase order(s) to effectuate this resolution, in an amount not to exceed a total of $ 490,406.04, for a term of one (1) contractual year, commencing December 01, 2023 to November 30, 2024, as is provided herein; and providing for an effective date. (RISK MANAGEMENT DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-204 12/21/2023 4:32 PM  GG. RESOLUTION: Proposed resolution accepting the invitation for bids response for Invitation for Bid (IFB) 2022-23-3230-00-068 for Affordable Housing - Standby Generator Installation; 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 R&D Electric, Inc. (the vendor) in an amount not to exceed $313,665.00 which includes a 10% contingency, for the affordable housing - standby generator installation, and in substantial conformity with IFB 2022-23-3230-00-068; attached hereto and made a part hereof as "Exhibit A", and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (PURCHASING DIVISION) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-205 HH. RESOLUTION: Proposed resolution accepting the Selection Committee recommendation for Request for Proposal (RFP) 2022-2023-8500-00-028 for Consulting Services for Oversight and Compliance with ARPA 2021; 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 BDO USA, LLP in an amount not to exceed $348,480.00 including a 10% contingency, for consulting services for oversight and compliance with American Rescue Plan Act (ARPA) 2021, and in substantial conformity with the attached RFP 2022-23-8500-00-028, attached hereto and made a part hereof as "Exhibit A", and authorizing the Mayor or designee to sign a Professional Service Agreement, any related and customary purchasing documents to effectuate this Resolution, and authorizing a supplemental appropriation pursuant to Hialeah, Fla. Charter Section 3.08(e)(1) in the amount of $348,480.00 to the Coronavirus State and Local Fiscal Recovery Fund Budget; and providing for an effective date. (PURCHASING DIVISION) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-206 II. RESOLUTION: Proposed resolution accepting and executing a State-Funded Turf and Landscape Maintenance Grant Agreement between the City and the Florida Department of Transportation in the amount of $142,872.00; attached hereto as “Exhibit A”; for turf and landscape maintenance of certain state roads traversing through the City of Hialeah; and providing for an effective date. (STREETS) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-207 JJ. RESOLUTION: Proposed resolution authorizing the use of State Housing Initiatives Partnership (SHIP) Program funds under the City's Local Housing Assistance Plan ("LHAP") to increase funding to Juan and Karla Balbastro in order to fully fund the SHIP-funded rehabilitation of their home as approved by the Mayor and City Council, via Resolutions 2021-065 and 2022-097, authorizing the Mayor or his designee and the City Clerk, as attesting witness, to execute any and 12/21/2023 4:32 PM  all necessary agreements in furtherance of the project; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2023-208 REPORT: Daniella Tamayo, 501 Palm Avenue, City of Hialeah Grants Department, spoke on this item. REPORT: Motion to Approve Item JJ made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 7-0. KK. RESOLUTION: Proposed resolution authorizing the First Operating Budget Amendment for Fiscal Year 2024, a supplemental appropriation to amend the General Fund, Enterprise Funds, Special Revenue Funds, and Capital Projects Funds Budgets for Fiscal Year 2024 in the amount as specified in the attached Exhibit "A"; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET DIVISION) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-209 LL. RESOLUTION: Proposed resolution accepting the IFB response for Invitation for Bid (IFB) 2022-23-8325-00-060 for S.H.I.P. - Balbastro Home General Contractor; 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 Vercetti Enterprises, LLC in an amount not to exceed $336,923.00 which includes a 10% contingency, for the S.H.I.P. – Balbastro Home General Contractor, and in substantial conformity with the attached IFB 2022-23-8325-00-060, attached hereto and made a part hereof as "Exhibit A", and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (PURCHASING DIVISION) APPROVED 7-0 RESOLUTION NO. 2023-210 REPORT: Luis Suarez, 501 Palm Avenue, Purchasing Director for the City of Hialeah, spoke on this item. REPORT: Motion to Approve Item LL made by Council Member Pacheco, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. MM. RESOLUTION: Proposed resolution authorizing the Mayor or his designee, and the City Clerk to submit to the United States Department of Housing and Urban Development (U.S. HUD) the Consolidated Annual Performance Evaluation Report ("CAPER") for Program Year 2022-2023 and to execute any and all agreements, certifications, and assurances in furtherance of the programs in the City of Hialeah Action Plan in accordance with the U.S. HUD laws, regulations, and 12/21/2023 4:32 PM  requirements; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-1 with Council Member Calvo away during roll call. RESOLUTION NO. 2023-211 NN. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to enter into an agreement with Image First of South East Florida, LLC. to provide weekly pick-up & delivery of linens for all 9 fire stations, in an amount not to exceed $65,000.00 for a period of (60) months in substantial conformity with the quote attached hereto and made a part hereof as Exhibit ''1 "; and providing for an effective date. (FIRE DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-212 OO. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue and execute a purchase order to Dadeland Automotive, LLC. d/b/a Bomnin Chevrolet Dadeland for the purchase of repair and maintenance services for City vehicles approving the expenditure in an amount not to exceed $50,000.00, and providing an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-213 PP. RESOLUTION: Proposed resolution adopting and approving City Cybersecurity Training and Cybersecurity Standards, and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-214 QQ. RESOLUTION: Proposed resolution providing for an exception to bid in the form of Professional Services; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with AH Lopez Consulting, L.L.C., attached hereto as Exhibit A, to provide consultation services to the Hialeah Police Department as it undergoes accreditation by Commission and Accreditation of Law Enforcement (CALEA) from date of full execution of the referenced agreement to September 30, 2025, approving the expenditure in an amount not to exceed $52,000.00; and providing for an effective date. 12/21/2023 4:32 PM  (POLICE DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-215 RR. RESOLUTION: Proposed resolution to utilize grant monies awarded to the City of Hialeah, Florida, as a participating agency, by the Byrne Justice Assistance Grant under the administration of the Florida Department of Law Enforcement in the total amount of $28,223.25 for fiscal year 2024, and approving the expenditure for the total amount of $23,211.38 for fiscal years 2025 and 2026 from the Law Enforcement Trust Fund - State Account, for a total cumulative amount not to exceed $74,646.00 to assist the Hialeah Police Department in purchasing Pawn Slip Processing Software and Service from LeadsOnline Parent L.L.C.; and providing an exception to bid in the form of sole source; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-216 SS. RESOLUTION: Proposed resolution to utilize grant monies awarded to the City of Hialeah, Florida, as a participating agency, by the Byrne Justice Assistance Grant under the Administration of the U.S Department of Justice Bureau for fiscal year 2024, and approving the expenditure in a total amount of $37,486.62 for the purchase of a handheld narcotic identifier device and service from Thermofisher Scientific Inc. for the Hialeah Police Department for a total cumulative amount not to exceed $37,486.62; and providing an exception to bid in the form of sole source; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-217 TT. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to enter into a Professional Services Agreement with Hera Property Registry, LLC. to provide an Online Foreclosure Property Registry, for a term of one year, in an amount not anticipated to exceed $25,000.00 in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit "1"; and providing for an effective date. (CODE COMPLIANCE) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-218 12/21/2023 4:32 PM  UU. RESOLUTION: Proposed resolution naming West 56 Street from Palm Avenue to West 2nd Avenue as “Lourdes Lozano Street”, with the cost of signage to be paid by the City; and providing for an effective date. (SPONSOR: COUNCIL MEMBER PEREZ) (CO-SPONSOR: COUNCIL VICE PRESIDENT GARCIA-ROVES) APPROVED 7-0 RESOLUTION NO. 2023-219 REPORT: Richard Irizard, spoke on this item. REPORT: Alvaro Lozano, spoke on this item. REPORT: Motion to Approve Item UU made by Council Member Perez, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. VV. RESOLUTION: Proposed resolution naming the corner of East 20th Street from East 3rd Avenue to East 4th Avenue as “Elias Way”, with the cost of signage to be paid by the City; and providing for an effective date. (SPONSOR: MAYOR BOVO) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-220 WW. RESOLUTION: Proposed resolution establishing an Immigration Task Force that will provide comprehensive research and planning that will address the challenges and opportunities related to documented and undocumented immigrants and the influx of referenced population in the City of Hialeah 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 CALVO) ITEM IS TABLED UNTIL FUTHER NOTICE. REPORT: Motion to Table Item WW until further notice made by Council Vice President Garcia-Roves and seconded by Council Member Rodriguez. Motion passes 5-2 with Council Member Calvo and Council Member Pacheco voting “No”. XX. 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 place insurance coverage through Keen, Battle, Mead & Company for fire, windstorm and other covered perils coverage and inland marine coverage for the Department of Public Works and its water and sewer distribution facilities in an estimated amount not to exceed $127,388.49; for the Hialeah Reverse Osmosis Water Treatment Plant in an estimated amount not to exceed $841,769.00, of which it is anticipated that Miami-Dade County will reimburse the City for its 50% share; for special events insurance at Milander Center in an estimated amount not to exceed $25,000.00 which will be 12/21/2023 4:32 PM  reimbursed completely to the City by the users; each for a term of one (1) policy renewal year, commencing December 27, 2023 to December 27, 2024, as is provided herein; and providing for an effective date. (RISK MANAGEMENT DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-221 YY. RESOLUTION: Proposed resolution approving a piggyback contract by the Purchasing Solutions Alliance (PSA), a non-profit cooperative purchasing program of the Brazos Valley Council of Governments (BVCOG) for an eProcurement and Contract Management Solutions with a total contract amount not to exceed of $135,834.00; 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 OpenGov Procurement in the amount not to exceed $48,199.00 in fiscal year 2023-24, $43,978.00 in fiscal year 2024-25 and $43,657.00 in fiscal year 2025-26 for the purchase, implementation, and annual software fee of OpenGov, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (PURCHASING DIVISION) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-222 ZZ. RESOLUTION: Proposed resolution approving to utilize grant monies awarded to the City of Hialeah, Florida, as a participating agency, by the Byrne Justice Assistance Grant under the U.S Department of Justice Bureau in the amount of $39,822.00 for Fiscal Year 2024, and approving the expenditure in the amount of $20,776.50 for Fiscal Years 2025 and 2026 from the Capital Outlay-JAG21 Equipment Law Enforcement Trust Fund-State Account, for a total cumulative amount not to exceed $81,375.00 to assist the Hialeah Police Department in purchasing crime mapping software and service from LexisNexis Risk Solutions; and providing an exception to bid in the form of sole source; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof upon the approval of the City Attorney; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-1 with Council Member Calvo not present during the roll call. RESOLUTION NO. 2023-223 AAA. SPECIAL EVENT PERMIT: Request from Salvador Diaz-Guerra, on behalf of San Lazaro Roman Catholic Church, located at 4400 West 18th Avenue, Hialeah, Florida 33012, for permission to host a procession, on Sunday, December 17, 2023, from 6:00 p.m. to 9:00 p.m., following the 5:00 p.m. holy mass, expecting approximately 200 attendees in accordance with the requirements of the Police Department, Fire Department and Risk Management. (OFFICE OF THE CITY CLERK) 12/21/2023 4:32 PM  APPROVED 6-1 with Council Member Calvo not present during the roll call. BBB. ADD ON ITEM RESOLUTION: Proposed resolution amending composition of the thirteen-member temporary Centennial Committee to consist of 18 members and by appointment of the Mayor hereby designating Seth Bramson, Vivian Casals-Muñoz, Grisel Torralbas, Theresa Cuba and a member of the Seminola Community to be appointed by the Mayor with the approval of the City Council to also serve on the temporary Centennial Committee; and providing for an effective date. (OFFICE OF THE MAYOR) APPROVED 7-0 RESOLUTION NO. 2023-224 REPORT: Motion to Approve Item BBB made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. 11. ADMINISTRATIVE ITEMS 11A. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 2, entitled "Administration", Article IV "Purchasing and Competitive Bidding", Division 2. "Competitive Bidding Procedure"; § 2-815 "Procedure" and rename such section "Procedure, Online Bidding Procedure"; allowing online electronic procurement for goods and services in the manner specified in this section; additionally adopting a new subsection § 2-819.1 entitled "Cooperative Purchasing", further providing basic cooperative purchasing procedures in such new subsection; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (PURCHASING DIVISION) APPROVED 7-0 REPORT: Motion to Approve Administrative Item 11A made by Council Member Perez, and seconded by Council Member Rodriguez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 9, 2024. 12. UNFINISHED BUSINESS 12A. ITEM FOR DISCUSSION: Proposed ordinance amending Chapter 1 entitled “General Provisions,” Section 1-11 “General Penalty; Continuing Violations,” of the Code of Ordinances of the City of Hialeah, to provide for criminal penalties for violations of the City code; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. 12/21/2023 4:32 PM  (SPONSOR: COUNCIL MEMBER TUNDIDOR) ITEM IS POSTPONED UNTIL FUTHER NOTICE. REPORT: Motion to Table Item 12A until further notice made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 7-0. On September 12, 2023, the City Council postponed the discussion of the item until December 12, 2023. 12B. Report of Scrivener’s Error: Pursuant to Section 30-31 – Agenda of City Council Meetings – of the City of Hialeah Code, the City Clerk shall correct scrivener’s errors that are discovered in ordinances, resolutions, council minutes and staff reports and promptly report all corrections to the City Council. On November 14, 2023, the City Council approved Consent Item M with the incorrect account number listed on the backup documentation to the item as General Fund – Contractual Services Account No. 001.1000.521.340. The item has been amended to reflect the correct account number as General Fund – Rental & Leases – Equipment Account No. 001.1000.521.441. (POLICE DEPARTMENT) REPORTED 13. NEW BUSINESS REPORT: Council President Tundidor extended an invitation to the City of Hialeah Police Department’s Pig Roast on Friday, December 15, 2023. REPORT: Council Member Pacheco spoke regarding the Affordable Housing Task Force, and provided back up documentation, titled “State of Florida Housing Finance Corporation Case No. 2017-029GA”, which is on file with the Office of the City Clerk. REPORT: Motion fails to reconsider Resolution No. 2023-184 made by Council Member Zogby, and seconded by Council Member Calvo. Motion fails with Council Members Calvo and Pacheco voting “Yes”, with Council President Tundidor, Council Vice President Garcia-Roves, and Council Members Perez, Rodriguez, and Zogby voting “No”. Motion fails 2-5. REPORT: Motion for the City of Hialeah Law Department to obtain an advisory opinion from the Miami-Dade County Ethics Commission on any ethical violation that may exist from the members appointed to the City’s Affordable Housing Task Force made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 7-0. 12/21/2023 4:32 PM  14. LANDUSE REPORT: All were duly sworn in by Brigette Leal, Deputy City Clerk. LU 1. ORDINANCE: Second reading and public hearing 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. On November 14, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for December 12, 2023. 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 5-1-1 with Council Member Pacheco voting “No”, and Council Member Perez not present during roll call. ORDINANCE NO. 2023-121 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-1-1 with Council Member Pacheco voting “No”, and Council Member Perez not present during roll call. Council Member Perez recorded her vote as “Yes” after the Motion to Approve passed. LU 2. ORDINANCE: Second reading and public hearing 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. 12/21/2023 4:32 PM  On November 14, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for December 12, 2023. 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. APPROVED 6-1 with Council Member Perez not present during the roll call. ORDINANCE NO. 2023-122 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item LU 2 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Perez not present during the roll call. Council Member Perez recorded her vote as “Yes” after the Motion to Approve passed. LU 3. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Commercial to Office and Professional Services District; property located at 383 West 35th Street, Hialeah, zoned R-2 (One-and Two-Family Residential District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Elsa LLC. On November 15, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owners: Elsa LLC, Cristina Sori, and Jorge Luis Sosa, 3499 West 4th Avenue, Suite 101, Hialeah, Florida 33012. APPROVED 6-1 with Council Member Calvo not present during roll call. Motion to Approve Item LU 3 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-1 with Council Member Calvo not present during roll call. Council Member Calvo recorded his vote as “Yes” after the Motion to 12/21/2023 4:32 PM  Approve passed. REPORT: Second reading and public hearing is scheduled for January 9, 2024. 15. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing 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. On November 14, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for December 12, 2023. 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 5-1-1 with Council Member Pacheco voting “No”, and Council Member Calvo not present during roll call. ORDINANCE NO. 2023-123 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 1 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-1-1 with Council Member Pacheco voting “No”, and Council Member Calvo not present during the roll call. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve passed. 12/21/2023 4:32 PM PZ 2. ORDINANCE: Second reading and public hearing 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. On November 14, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for December 12, 2023. 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 Owners: Ivan A. Herrera, Luis Castro, and Ania F. Herrera, 528 Northwest 7th Avenue, Miami, Florida 33136. APPROVED 7-0 ORDINANCE NO. 2023-124 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 2 made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 7-0. PZ 3. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to C-1 (Restricted Retail Commercial District); property located at Folio No. 04-3106- 009-0040 adjacent to 4290 East 4th Avenue, Hialeah, zoned R-1 (One-Family District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: John C. Lukacs, Sr., 2655 South LeJeune Road, Suite 1011, Coral Gables, Florida 33134, on behalf of Ricardo Lago. On November 15, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. 12/21/2023 4:32 PM  Property Owner: Ricardo Largo, 7101 Southwest 12th Street, Miami, Florida 33144. APPROVED 7-0 REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. Motion to Approve Item PZ 3 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 9, 2024. PZ 4. ORDINANCE: First reading of proposed ordinance rezoning property from R-2 (One-and Two- Family Residential District) to OPS (Office and Professional Service District); property located at 383 West 35th Street, Hialeah, zoned R-2 (One-and Two-Family Residential District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Elsa LLC. On November 15, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Elsa LLC, Cristina Sori, and Jorge Luis Sosa, 3499 West 4th Avenue, Suite 101, Hialeah, Florida 33012. APPROVED 7-0 Motion to Approve Item PZ 4 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 9, 2024. PZ 5. ORDINANCE: First reading of proposed ordinance rezoning property from M-1 (Industrial District) to C-1 (Restricted Retail Commercial District) for the use of a new cafeteria; and granting a Variance Permit to allow an existing 5-foot rear setback, where 15 feet is the minimum required, and allow the existing landscape buffer between the off-street parking and the right-of-way of 2.5 feet, where 7 feet is required, in contrast to Hialeah Code of Ordinances § 98-1117 and the City of Hialeah Landscape Manual updated December 2022. Property located at 4185 East 10th Court, Hialeah, zoned M-1 (Industrial 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: Frank De La Paz, 1100 Southwest 104th Street, Suite 2804, Miami, Florida 33166, on behalf of Suniel Arzola. 12/21/2023 4:32 PM  On November 15, 2023, the Planning and Zoning Board recommended approval of this item as amended with the condition that the parking and right-of-way (ROW) improvements be completed within 180 days. Planner’s Recommendation: Approval with conditions. Property Owner: Suniel Arzola, 4185 East 10th Court, Hialeah, Florida 33013 APPROVED 7-0 REPORT: Frank De La Paz, 1100 SW 104 Street, registered lobbyist, addressed the City Council. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. REPORT: Alexander Magrisso, City of Hialeah Assistant City Attorney, spoke on the item. REPORT: Rafael Suarez-Rivas, City of Hialeah City Attorney, spoke on the item. Motion to Approve Item PZ 5 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 9, 2024. PZ 6. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to re-plat the property into two substandard lots, with each lot having a frontage of approximately 37.5 feet and total area of approximately 4,275 square feet, where frontage of 75 feet and total area of 7,500 square feet are required; allow no interior north side setback for the southern lot, where 7.5 feet is the minimum required; allow no interior south side setback for the northern lot, where 7.5 feet is the minimum required; allow a rear setback of 15 feet for both lots, where 25 feet is the minimum required; and allow a lot coverage of 36% for each lot, where 30% is the maximum allowed; property located at 2450 West 5th Avenue, Hialeah, zoned R-2 (One and Two-Family Residential 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: Manny Reus (architect), 10501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Four Infinity, LLC. On November 15, 2023, the Planning and Zoning Board recommended approval of this item with the conditions that the development of the property is consistent with the plans prepared by Manny Reus, Architect dated August 28, 2023, including the proposed site plan, elevations, architectural features, color scheme, and landscaping, as well as that the parking lot fronting the right-of-way (ROW) be paved (pavers). Planner’s Recommendation: Approval with conditions. Property Owner: Four Infinity, LLC, 5880 Northwest 77th Court, Doral, Florida 33166. 12/21/2023 4:32 PM  APPROVED 7-0 Motion to Approve Item PZ 6 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 9, 2024. PZ 7. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District Overlay; granting a Variance Permit to allow expansion on a property that is not within an activity node and that has an area of 6,450 square feet and a street frontage of 129 feet, where the Neighborhood Business District Overlay regulations may extend to properties that are within activity node areas situated on sites with a minimum area of 20,000 square feet and a minimum street frontage of 200 feet; allow single use as a 3-story/10 unit multifamily residential development, where mixed use is required; allow all units to have an area of 592 square feet, where 850 square feet is the minimum required for each residential unit, and only 10% of the units may have a minimum of 600 square feet; allow a 7.5 foot front setback where 15 feet are required; allow 13 parking spaces where 23 parking spaces are required; allow a density increase from 32 units per acre to 70 units per acre without providing the incentives to increase density; and allow to waive the building mass and frontage development standards, in contrast to Hialeah Code of Ordinances §§ 98-1629, 98-1630.2, 98-1630.3(e)(2) & 98-2189(16)(a). Property located at 93 West 28 Street, Hialeah, zoned R-3 (Multiple-Family District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of LXR 93 2825 LLC. On November 15, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Denial. Property Owner: LXR 93 2825 LLC, 1900 Merlon Point Road, Miami, Florida 33015 and Jesus Feina, 14068 Northwest 82nd Avenue, Unit 7A, Miami Lakes, Florida 33016. APPROVED 6-1 with Council Member Pacheco voting “No”. REPORT: Frank De La Paz, 1100 SW 104 Street, addressed the City Council. REPORT: Ceasar Mestre, registered lobbyist, spoke on the item. Motion to Approve Item PZ 7 made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Pacheco voting “No”. REPORT: Second reading and public hearing is scheduled for January 9, 2024. 12/21/2023 4:32 PM  16. CITY COUNCIL DISCUSSION None. 17. ADJOURNMENT REPORT: Council President Tundidor adjourned the meeting. NEXT CITY COUNCIL MEETING: Tuesday, January 9, 2024 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). 12/21/2023 4:32 PM