HomeMy WebLinkAboutO-11143J-93-818
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WHEREAS, the City Camndssion, at its meeting of June 29, 19M following
an advertised hearing adopted. Motion 93-391 by a vote of five to zero (5-0) ,
to refer Agenda Item PZ-1 to the Administration; and
WHEREAS, Agenda Item PZ-1 involved an appeal of the decision of the
Zoning Board that a hir3lag hall type of operation is not an employment office
use and is not a permitted use under SD-14 Latin Quarter Cannercial.-
Residential Zoning District; and
WHEREAS, said issue was referred in order for the Administration to
conduct a study of existing comparable situations Citywide and then make
recomYiendations as to what specific types of operations cold be permitted in
C-1 districts; and
WHEREAS, the Miami Planning Advisory Board, at its meeting of
Januaxy 19, 1994, Item No. 5, following an advertised hearing, adopted
Resolution PAB 6-94 by a vote of eight to one (8-1), recomarnending APPROVAL of
amending Ordinance No. 11000, as amended, as hereinafter set forth; and
111-43
WHEREAS, the City Commission after careful consideration of this matter
deems it advisable and in the best interest of the general welfare of the City
of Miami and its inhabitants to amend. Ordinance No. 11000 as hereinafter set
forth;
RN TARE , BE IT CFMAIN D BY THE CCbMSSICK OF THE CITY OF MLAMI ,
FICRIDA :
Section 1. Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami., Florida, is hereby amended by amending the text of said
Ordinance: as follows : l/
ARTICLE 4. ZONING DISTRICTS
Section 401. Schedule of district regulations.
C-1 Restricted Commercial.
Permitted Principal. Uses:
Bible18. study classes, but mmludimg all religious rites,
sacraments and ceremonies typically performed in a house of
worship.
19. Housebaxges are prohibited.
Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Ellipsis and asterisks indicate omitted
and unchanged material.
��
C ondittonal. P=Wcdpal Uses:
s
20. Private express delivery services by Class II Special
Permit.
ARTICLE 25. DEFINITIONS
Sec. 2500. General Definitions.
Sec. 2502. Specific definitions.
Z-j
I
L Z9 �
son; • . •-
services for
Section 2. All ordinanoes or parts of ozdiimioes insofar as they
are inconsistent or in conflict with the provisions of this Ozdiranoe are
hereby repealed.
-3-
11143
Section 3. If any section, part of this section, paragraph,
clause, phrase or word of this Orciizzwe is declared invalid, the remaln:isng
provisions of this Ordiname shall not be affected.
Section 4. This Orx�ce shall become effective thirty (30) days
after final reading and adoption thereof.
day of Ammll_, 1994.
n
• M . • 81. I. ••• :A.
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PLANNING FACT SHEET PZ=9
APPLICANT City of Miami Planning, Building and Zoning Department
APPLICATION DATE October 13, 1993
REQUEST/LOCATION Text amendment to Zoning Ordinance 11000 concerning "hiring halls".
LEGAL DESCRIPTION
PETITION Consideration of amending Articles 4 and 25 of Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, to provide definitions for "employment
office", "labor pool" and "hiring hall"; to permit labor pools or hiring halls in
C-1 Restricted Commercial districts by Special Exception only, and to permit
employment offices as a permitted principal use in C-1.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND On February 22, 1993, the Zoning Board heard an appeal from the decision of the
ANALYSIS Zoning Administrator that Labor Force of Dade County, at 1279 West Flagler, was a
hiring hall type of operation, not an employment office use and not a permitted use
under the SD-14 Latin Quarter Commercial -Residential Zoning District. The Zoning
Board upheld the Zoning Administrator's decision and denied the appeal. On appeal,
the City Commission, at its meeting of June 29, 1993 adopted Motion 93-391 by a
vote of 5 to 0, to refer Agenda Item PZ-1 to the Administration for further study.
The motion requested that the Administration conduct a study of presently existing
comparable situations citywide and come back with a recommendation as to what
specific types of operation could be permitted in C-1 districts. The proposed
amendment provides definitions for employment office, labor pool and hiring hall.
It amends the district regulations to permit an "employment office", as defined
therein, as a permitted principal use in the the C-1 Restricted Commercial
District. It further amends the C-1 district to allow labor pools or hiring halls
as a conditional principal use by Special Exception only. Labor pools and hiring
halls are currently first permitted in C-2 Liberal Commercial Districts by Class II
Special Permit (Ordinance No. 11079.)
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER 93- 84
03/25/94
Approval.
Cont. from 2/24/94CC to 3/24/94CC. Passed on First Reading CC 3/24/94.
1 1 1 4 4age 1
RESOLUTION PAB - 6-94
A RESOLUTION RECOMMENDING THE AMENDMENT OF ARTICLES 4 AND 25
OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, TO PROVIDE DEFINITIONS FOR "EMPLOYMENT
OFFICE", "LABOR POOL", AND "HIRING HALL"; TO PERMIT LABOR
POOLS OR HIRING HALLS IN C-1 RESTRICTED COMMERCIAL DISTRICTS
BY SPECIAL EXCEPTION ONLY, AND TO PERMIT EMPLOYMENT OFFICES
AS A PERMITTED PRINCIPAL USE IN C-1.
HEARING DATE: JANUARY 19, 1994
VOTE: EIGHT (8) TO ONE (1)
ATTEST:
PLANNING, BUILDING AND ZONING
Premises
The space within the facility consists of a waiting room (± 14' x 28'), office
(+ 14'x14'), air conditioning room and toilet room at the back of the
.f
building. The waiting room is directly accessible from Oe street and it has
2 wood benches in rudimentary.condition. A fixed wood and dry wall partition
with a 30"00" opening and adjacent door divides the waiting room from the
office; the interior of the facility does not have an appealing visual
appearance.
Daily Operations
By direct observation, laborers begin to congregate on the sidewalk in front
of the premises prior to and at 6:00 a.m. in the early morning darkness. The
doors of the establishment open at 6:00 a.m. and the men file into the front
waiting .room during the next three hours, until 9:00 a.m. The operator
provides the laborers with daily contracts and directs them to their jobs for
that day. In some cases the laborers provide their own transportation;
otherwise they are picked up at curbside by a van provided by the owner.
There was little or no individual contact between the. operator and the
laborers (30 to 40 per day) and no extended individual interviews. The men
were generally orderly and well-behaved. However, merely by the nature of the
early morning "shape -up", there are usually more men milling about on the
sidewalk in front and side of the premises, then there were jobs available, so
.some men are turned away at 9:00 a.m.
From 9:00 a.m.` to 3:00 p.m. there is little activity on the premises.
Intermittently, a prospective laborer will be let thru the front entrance to
sign up on the available list at the open window in the partition. Commencing
at 3:00 p.m., activity increases as cars and the owner's van pull up at the
6 parking lot and discharge the laborers. The men then enter the front waiting
11143
LABOR FORCE/LABOR FINDERS STUDY
Summary
I
A study was conducted ofLabor Force of Dade County Inc.; located at 1279 W.
Flagler Street DBA Labor Finders of Dade County, from October 27, to November
9, 1993, As a result of this study, it was found that Labor Force/of Dade
County, Inc., is a labor hiring hall. Further, it is recommended that hiring
halls be allowed in C-2 Districts by Class II special permit and in C-1
Districts by Special Exception only.
Study
On June 29, 1993, the Commission passed Motion 93-391 which states:
"MOTION TO REFER TO THE ADMINISTRATION AGENDA ITEM PZ-1 (PROPOSED
RESOLUTION OF AN APPEAL OF THE DECISION OF THE ZONING BOARD THAT A
HIRING HALL TYPE OF OPERATION IS NOT AN EMPLOYMENT OFFICE USE AND IS NOT
A PERMITTED USE UNDER SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL ZONING
DISTRICT); SAID ISSUE BEING REFERRED TO THE ADMINISTRATION IN ORDER THAT
THE ADMINISTRATION MAY CONDUCT A STUDY OF PRESENTLY EXISTING COMPARABLE
SITUATIONS CITYWIDE; AND FURTHER REQUESTING THE ADMINISTRATION TO COME
BACK WITH A RECOMMENDATION AS TO WHAT SPECIFIC TYPES OF OPERATION COULD
BE PERMITTED IN C-1 DISTRICTS."
A study was conducted of Labor Force of Dade County Inc., located at 1279 W.
Flagler Street DBA Labor Finders of Dade County, from October 27, to November
9, 1993 by Jose R. Casanova, Planner II, and Eddie Borges, Zoning Inspector I,
of the Planning, Building and Zoning Department and Pequena Habana NET
respectively.
room where they turn in their daily contracts and then the operator pays the
men by check for their work that day. This operation continues until 6:00
p.m. when the hall close . Even though the owner tries to encourage the men
to move on and not loiter on the sidewalk, some of the men gather on the
sidewalk after they are paid. Adjacent merchants have complained about trash
left on the front and side of the building where the business is located.
Other than the two periods of 6:00 - 9:00 a.m. and 3:00-6:00 p.m, there were
few, if any, laborers loitering on the sidewalk.
Other Observations
From observation, no extended interviews were conducted. Most of the men are
paid on a daily basis by check, and according to the operator, deductions are
made for social security only. Income tax and workers compensation are paid
by the agency. No health insurance is provided. According to the operator
he has been in the area for about 7 years.
The telephone directory yellow pages for businesses contain Labor Finders
under the heading of "Employment Contractor" and not "Employment Agencies" so
that the owners have already defined themselves as a hiring hall operation
(see attachment).
Hiring halls that provide employment to City residents are needed, especially
in low income neighborhoods where poverty is high.
Labor One which formerly operated at 1040 W. Flagler Street, was a similar
.operation.
Conclusion and Recommendations
As a result of this study, it was found that Labor Force/Labor Finders is a
hiring hall. These hiring halls should not be allowed in C-1 districts by
right, but rather there should be some control so that �if they are in a C-1
district, the surrounding commercial area should be conducive to this kind of
7
operation and the adjacent businesses should not be adversely impacted.
Requiring a grant of special exception and public hearing would provide the
public review necessary to assure that the surrounding commercial area is not
impacted. Also the visual appearance of the facility should be compatible
with adjacent business. By permitting hiring halls in C-2 Districts with a
Class II Special Permit, the Planning, Building and Zoning Department would
have the opportunity of site inspection and to require conditions to assure an
improved visual appearance.
Attachment
jw/laborforce
n
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Pablo Canton GATE September 29, 1993 :,LE
NET Administrator
Pequena Habana Servicef Center SUBJECT Employment Office/Labor Pool
FROM REFERENCES
Joseph W. McManus, Deputy Director
Planning, Building and Zoning Dept. ENCLOSURES.
Could you arrange to have your zoning inspector, Eddie Borges, together with
Jose Casanova, Planner II of this Department, meet with Doug Doxey, Labor.
Force of Dade County (332-7116) and review his existing operation on W.
Flagler in-depth. I think they should spend a day there (6:00 AM - 3 PM).
Mr. Doxey is proposing to re -locate to 1552 W. Flagler - a vacant store -'from
his present location on W. Flagler Street. Please review this proposed
relocation and give me your recommendation.
Please recall the City Commission request for a study of whether this
operation (and other similar operations) should be re-classified as employment
agencies and permitted in all C-1 districts (see attachments). It is now
classified as a hiring hall for seaman in the I district, and allowed in the
C-2 district by a Class II permit.
cc: Jose R. Casanova
Planning, Building and Zoning Department
Juan Gonzalez
Acting Zoning Administrator
Catherine J. Carlson
Planning, Building and Zoning Department
JWM/jw
jw/93:35
Cf,"'itij of Hianti
SERGIO RODRICLEZ..AICP
01rector
July 27, 1993
Labor Force of Dade County
1279 W. Flagler Street
Miami, FL 33125
RE: Item PZ-1; City Commission
Meeting of June 29, 1993
Motion 93-391; June 29, 1993
Gentlemen:
CESAR H ODIO
CGt. manage,
In response to a question you have raised with the Mayor's Office, please be
advised that you should seek competent legal counsel pertaining to your rights
to appeal Motion 93-391, June 29, 1993, a decision of the Miami City
Commission to refer this item to the Planning, Building and Zoning Department,
in order to conduct a study City-wide on whether operations such as yours
should be allowed in C-1 districts.
During the course of the study, as is the practice of this Department, I
would expect to ask your cooperation in a) visiting your office; b) observing
your operations on -site for day long periods of time; c) reviewing your
records, and d) interviewing your staff and clients. However, this Department
reserves the right to come to a conclusion and make a recommendation adverse
to your position; your cooperation is not to be understood as a quid pro quo
for a favorable recommendation-.
Sincerely,
S gictoro Rodriguez, AICP
he
Laura C. Morilla, Esq.
Levine and Geiger, PA
1110 Brickell Avenue, 7th floor
Miami, FL 33131
Rooe-t J . Levine, Esq.
Levine and Geiger, PA
1110 Brickell Avenue, 7th Floor
Miami, FL 33131
"--resita L. Fernandez, Chief
iea ri ng Boards Office
11ar7i ng, Building and Zoning Department
11143
j
PAGE 2
_/
JUKE 29, 1993
PUBLIC HEARINGS "
THE FOLLOWING ITEMS SMALL NOT BE CONSIDERED BEFORE 5:00 PM
ITEM PZ 1 RESOLUTION - jJ-93-190(a) i J-93-190(b)]
REQUEST Appeal of Zoning Board's Decision
M-93-391
MOVED : ALONSO
SECONDED : PLUMMER
UNANIMOUS
LOCATION SD-14 Latin Quarter Commercial -Residential
Zoning District
APPLICANT(S): Labor Force of Dade County, Inc.
APPELLANT(S): Labor Force of Dade County, Inc.
AGENT(S) Laura C. Morilla, Esq.
RECOMMENDATIONS:
PLANNING, BLDG i ZONING: Denial of the appeal.
PLANNING ADVISORY BOARD: N/A
HISTORIC PRESERVATION BOARD: N/A
PLAT A STREET COMMITTEE: N/A
ZONING BOARD: Denied the appeal, upheld the
decision of the -Zoning Vote: 8-0
Administrator.
COMMENTS: Appeal of the decision of the Zoning Board that
upheld the Zoning Administrator's decision. The
Zoning Board denied the appeal and upheld the
November 113, 1992 decision of the Zoning
Administrator bearing Zoning Interpretation No.
ZI-92-3, Ordinance No. 11000, as manded, the
Zoning Ordinance of the City of Mimi, Article _
18, Section 1800, that a hiring hall type of
operation is not an employment office use wd is
not a permitted use under the SO-14 Latin Quarter
13
Commercial -Residential zoning district.
11143
CITY OF MIAMI
CITY CLERKS REPORT
MEETING DATE: June 29, 4993
PAGE NO. 6
----------------------- ------------ ------
AG 40 A MOTION DIRECTING THE ADMINISTRATION TO WORK
93-389
WITH MIAMI CAPITAL DEVELOPMENT. INC.
MOVED: ALONSO
CONNECTION WITH PROPOSED LOANS TO BE E
SECONDED: DAWKINS
AVAILABLE TO CITY MERCHANTS IN THE A S OF
UNANIMOUS
ALLAPATTAH, WYNW00D. LIBERTY CITY. ERTOWN
AND LITTLE HAVANA THROUGH A $2.0 .000 FUND
SPECIFICALLY ESTABLISHED FOR ISTANCE TO
MERCHANTS IN SAID AREAS; FU ER DIRECTING
THE CITY MANAGER TO COME BAC ITH A SPECIFIC
PLAN OUTLINING STEPS TO FOLLOi�ED IN • THE
APPLICATION PROCESS; A FURTHER DIRECTING
(a) TO ESTABLISH
THE MANAG/RA
GUIDELINESASSISTANCE TO THE
MERCHANTS CESSING OF LOAN FORMS
THROUGH THClIGHBORHOOD ENHANCEMENT
TEAMS (NE(IN ORDER TO CURTAIL
PRESENT BUVOLVED IN THE PROCESS);
AND (b) SUPPORT SERVICES TO
EDUCAT MERCHANTS CITYWIDE IN SUCCESSFUL
BUST S PRACTICES; AND (c) TO WORK WITH THE
ER BISCAYNE BOULEVARD CHAMBER OF
aMERCE IN ORDER TO DESIGN A SIMILAR PLAN
.04 OR SAID AREA.
PZ-1 AGENDA
OTION TO REFER TO THE ADMINISTRATION "M 93-391
ITEM PZ-1 (PROPOSED RESOLUTION OF Ai= MOVED: ALONSO
AP.EEAL OF THE DECISION OF THE ZONING BOARD SECONDED: PLUMME
THAT A HIRING HALL TYPE OF OPERATION IS N" UNANIMOUS
AN 2-EMPLOYMENT OFFICE USE AND IS NOT_ -.A
PERMITTED USE UNDER 30-14 LATIN QUARTER
COMMERCIAL -RESIDENTIAL ZONING DISTRICT); SAID
ISSUE BEING REFERRED TO THE ADMINISTRATION IN
'ORDER THAT THE ADMINISTRATION MAY CONDUCT A
STUDY OF PRESENTLY EXISTING COMPARABLE
STATIONS CITYWIDE; AND FURTHER REQUESTING
THE "ltWMSTRATION TO COME BACK WITH A
RtC'OMMEND-ATION AS TO WHAT SPECIFIC TYPES OPl
b'PERATION COULD BE PERMITTED IN C-1
VISTRICTS.
11143
lv�
Upon being seconded by Commissioner Alonso, the resolutions were passed
and adopted by the following` -vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
Mr. Bercow: Thank you.
----N------ -------S---N------ -
19. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO APPEAL ZONING ADMINISTRATOR'S DECISION THAT A HIRING HALL
TYPE OF OPERATION IS NOT AN EMPLOYMENT OFFICE USE AND IS NOT A PERMITTED
USE UNDER THE SO-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL ZONING
DISTRICT. (Applicant / Appellant: Labor.Force of Dade County, Inc.)
(See label 21)
------------------
Mayor Suarez: Item PZ-3.
Mr. Sergio Rodriguez (Assistant City 'Manager): Since it is an appeal, you
start.
Mr. Robert Levine: I'm here on PZ-3. I represent Labor Force of Dade County.
doing business as Labor Finders of Miami. My name is Robert Levine. I'm with
the law firm of Levine and Geiger, P.A., at 1110 Brickell Avenue.
Commissioner Plummer: Excuse me, Mr. Rodriguez, what is the actual address of
this application?
Mr. Rodriguez: This is not a particular application. They are appealing a
decision by -the Zoning Administrator.
Commissioner Plummer: Would you explain that to me, sir.
Mr. Rodriguez: Yes. At this point, what they are doing is appealing a
decision by the Zoning Board, and the Zoning Board in this particular case
,upheld the interpretation by the Zoning Administrator that a hiring hall is
not permitted as an employment - it's not an employment office.
16 Commissioner Plummer: So the Zoning Administrator and the Zoning Board...
Mr. Rodriguez: Decided.
Conissioner Plummer: ... ruled that that was not a proper use? 1 1 1 3
Mr. Rodriguez: That was not a proper use.
Commissioner Plummer: And now they're appealing that. They're saying it is a
proper use?
Mr. Rodriguez: Right.
Commissioner Plummer: OK. Is there any location that is in particular - I
mean, because I can't sit here and try to judge where SO-14 is. Is there a
geographical area?
Mr. Rodriguez: Yeah. The geographic area that they are talking about is the
Latin Quarter area, and specifically...
Commissioner Plummer: OK. But what encompasset that? Is that 12th Avenue to
17th Avenue?
Mr. Rodriguez: ...12 to 17th and...
Commissioner Plummer: From Northwest 1st Street up to 9th?
Mr. Rodriguez: 13t to Southwest 9th, yeah.
Commissioner Plummer: All right. Thank you, sir.
Mr. Levine: 1279 Flagler.
Mayor Suarez: Do we have a contested item here, Mr. Assistant City Manager?
Mr. Rodriguez: They are appealing the decision by the Zoning Board.
Mayor Suarez: Do you have any idea if this item is going to be contested?
I'd like to know if we are to swear in the applicant.
Mr. Joel Maxwell (Assistant City Attorney): She should swear them in anyway.
Mayor Suarez: All right, Madam City Clerk, I'm not getting much help from the
staff.
Commissioner Plummer: Yeah, sure.
Mayor Suarez: Please swear in everybody that might - is anybody going to be
heard on this item, on PZ-3?
Mr. Levine: I have some of nay workers here.
Mayor Suarez: OK, they're supporting. Is there anyone that is against the
application of PZ-3? All right. Swear them in, in any event, just in case.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE No.
10511 TO THOSE PERSONS GIVING TESTIMONY ON -,ZONING ISSUES. 1114
1.
7
Mayor Suarez: Mr. Rodriguez, do you recommend the item before us.?
.
Mr. Rodriguez: we recommend that you uphold the decision by the Zoning Board
that upheld the interpre t tion by the Zoning Administrator to prohibit hiring
halls in this area, and that...
Mayor Suarez: Hiring halls, which is like labor pools?.
Commi ss i over Al onso: Mm-hmm.
Mr. Rodriguez: Labor pools.
Mayor Suarez: All right. Make your argument.
Mr. Levine: May it please the Commission. We're appealing two decisions.
One is a legal... -
Commissioner Plummer: Your name, sir?
Mr. Levine: My name is Robert Levine.
Geiger, in Miami, Florida.
Commissioner Plummer: Mailing address?
I'm with the law firm of Levine and
Mr. Levine: I've already stated for the record, it's 1110 Brickell Avenue,
7th Floor, Miami, Florida.
Commissioner Plummer: I'm sorry, I didn't hear it, sir.
Mr. Levine: The nature of our appeal is twofold. One is a legal appeal. we
don't believe anywhere in the Code is there a provision, nor could there be a
position, nor should there be a provision to discriminate between may client's
type of employment agency and some other type of employment agency. It's
uncontested, as far as I understand it, that no*one is contesting that the
zoning in this area permits the use of an employment agency, and the City has
conceded that if we were hiring secretaries and things of that nature that
it's a.permitted use.. Apparently, because of the type of workers, largely
minority, lower income workers, that somehow or another, we are characterized
as a hiring hall, which we contest, and cannot operate our business at this
location. So if you were to call my client up and ask him to provide you with
somebody to type a letter, that would be permitted, but if you were to call my
client up and ask him to send a worker over to move furniture in your office,
that is not permitted. And that's our basic legal concern.
Mayor Suarez: -May I interrupt you just for a second? Have you registered
under our form for people who are considered to be lobbying the Commission?
If not, may I stop you for a couple of minutes and have you fill out that form
and be sure that you comply with that, please? I know it's a strange
requirement.
Commissioner Plummer: Are you being paid a fee?
1 Mr. Levine: Yes, i am. I'm an attorney representing...
11143
Commissioner Plummer: Then you've got to be sworn in also.
Upon being secondej by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
MN---M----------M----M---N-M---NN -NAM----��---N---------------
1
21. (Continued) DISCUSS AND CONTINUE FOR FURTHER INFORMATION (TO JUNE 29TH
MEETING) PROPOSED RESOLUTION TO APPEAL ZONING ADMINISTRATOR'S DECISION
THAT A HIRING HALL TYPE OF OPERATION IS NOT AN EMPLOYMENT OFFICE USE AND
IS NOT A PERMITTED USE UNDER THE SD-14 LATIN QUARTER COMMERCIAL -
RESIDENTIAL ZONING DISTRICT. (Applicant / Appellant: Labor Force of
Dade County, Inc.) (See label 19)
--------------- ______-----------
Mayor Suarez: Back to PZ-3.
Unidentified Speaker: Thank you very much:
Mayor Suarez: The gentleman that was filing, Mr. Levine, that was filing his
documents with the City. Did I pronounce that right? Is it Levine?
Mr. Robert Levine: It's Levine, thank you.
Mayor Suarez: It's Levine.
Mr. Levine: And I apologize for not filling out the form earlier.
Commissioner Dawkins: Our apology, because we didn't alert you.
Mayor Suarez: Yeah. We apologize because we didn't alert you, so.
Mr. Levine: As I was saying, if you were to call my client's business and
order a secretary, the City says that's OK. If you were to call my client's
business and ask for a person who could move your furniture, that's not OK.
And I've reviewed the code, and I frankly don't understand where there is a
distinction in the code between my client's type of employment agency and any
other type of employment agency, and I don't think it's at all appropriate
that the City of Miami go ahead and discriminate against people who do manual�l
labor, as opposed to office labor; people who may not earn as much.
Mayor Suarez: what is the - if you don't mind being interrupted. an this. Can
You give us a rationale for the difference, Mr. Rodriguez?
11143
Mr. Sergio Rodriguez (Assistant City Manager): Yes. There is a definition in
the ordinance for hiringfhal12, specifically saying that a hiring ha11...
Mayor Suarez: Hiring hails.
Mr. Rodriguez: Yes.
Mayor Suarez: OK. I just want to make sure that's... -
Mr. Rodriguez: Is a building used to provide employment services for
laborers. We received complaints by the adjacent property owners and
businessmen through the NET (Neighborhood Enhancement Teams) Office that this
area was being used by people to hang around, like you find normally in hiring
halls and laborers, as compared... -
Mayor Suarez: What a tot of people refer to as'a labor pool?
Mr. Rodriguez: A labor pool, right.
Mayor Suarez: OK. As opposed to an employment agency, where people go in,
sit down and get interviewed and...
Mr. Rodriguez: Right. So there is a definition in the ordinance, and in the
ordinance, the first place where the tabor pool is allowed is in the
industrial districts.
Commissioner Alonso: Where are they located?
Mr. Rodriguez: In the Latin Quarter.
Mr. Levine: They're at 12th and West Flagler.
Commissioner Alonso: What is the exact location?
Mr. Levine: 1279 West Flagler. I beg to differ with counsel. The section of
the Code he's referring to, the only passage of the entire Code under
industrial intent and scale refers to manufacturing, processing, assembling
and storage activities, generally limited to items that create fume, smoke,
illumination, hazardous waste, negative visual Impact and things like that.
It doesn't say anything about an employment agency. I•think his reference is
in regards to item 7 of the example of an industrial use, and it says, •Hiring
halls for seamen and dock workers.' Well, my client doesn't hire seamen or
dock workers, and there is nowhere in the Code, and I would challenge the City
Attorney to show me in the Code where my clients. - there's any definition of
employment agency that distinguishes my client's type of employment agency
from other - some other type of employment agency. Having said that, we don't
understand why - and I think it may be helpful to the"Commission to explain
2O some of the tortured history here. My client has been operating his business,
he pays his taxes, he pays workmen's compensation and he applies very badly
needed employment to the most disadvantaged members of our community. If it
wasn't for my client, most of these people would be on the welfare roils.
They all live within this area, and they don't have access to public
transportation, they don't own cars, and he provides very, very important
whn live In t
�_.,___. •. ♦tip �ennle hat ar�•a. 4 3
Mayor Suarez: Is there'! let me just ask, counselor, if 4 may interrupt you.
Is there - are there opponents to this? I mean, in writing, but not in
person, or what's the story here?
Mr. Rodriguez: There are complaints that we have received, and we have the
NET Administrator here, Pablo Canton, to address that issue, if you want to.
Mr. Levine: We do have a letter from the Catholic Church across the street,
supporting us. We think that part of the - there is a misperception on the
part of some of the people in that area. There are people in that area, but
they're not our people. Our client has an office, they have a waiting room
for their people. There are other people... _
Mayor Suarez: It's right across from what? From Saint John Bosco; is that
what you're talking about? Zi
Mr. Levine: This is the president of the company. He'd like the opportunity
to address the Commission. We, incidentally, had to go to the Dade Circuit
Court to have the Zoning Administrator...
Mayor Suarez: Are you on the opposite side of Flagler from Seint John Bosco,
right?
Mr. Levine: Yes.
Mr. Douglas Doxey: No, we're on the same side of Flagler.
Mayor Suarez: Same side of Flagler?
Mr. Doxey: Yes.
Mayor Suarez: And on the other side of 13th Avenue, obviously, since your
address is 127...
Mr. Doxey: Between 12th and 13th. There was a...
Mayor Suarez: ... shopping center. There's a...
Mr. Doxey: Yeah,. it's a little strip shopping center. There's Sedano's...
Mayor Suarez: Could you - I hate to interrupt you on this.
Commissioner Alonso: Where are you; north, south?.
Mr. Doxey: We're on the north side of the street.
Comnissloner Alonso: North side, that's what I thought.
Mayor Suarez: OK. So you are on the opposite side of Saint Joan Bosco.
Commissioner Alonso: Yes, yes.
11143
Mr. Doxey: No, the sam a side.
Commissioner Alonso: On the opposite side, that's what I thought.
Mr. Doxey: Saint John Bosco is also on the north side.
Mayor Suarez: Right. North side is right.
Mr. Levine: I would ask the Clerk to take this and mark it, and enter it into
the record.
Commissioner Alonso: So you are in the same side of the supermarket and...
Mr. Doxey: Yes.
Mayor Suarez: You're one of the little shops, then, one of the little stores
that are all the way up to Flagler there?
Mr. Doxey: Yes. My name is Douglas Doxey. I'm the majority owner of Labor
Force of Dade County. We're located between 12th and 13th. The Saint John
Bosco is located between 13th and 14th Street. .i have a letter here from...
Mayor Suarez: Excuse me, if I interrupt you just for a second. The Sedano's
or whatever the store is across the street, whatever is going on behind that
is a violation of every possible code in the world, and it's really doing a
job on that area. Could you track that down, Pablo, at some point, and get
back to us? Not now, not now. It's just that the activities they have going
on, it's just water all over the place, there is just - I don't know if
they're cutting up fish, or fowl, or what they're doing back there, but the
people are complaining about it. All right.
Mr. Doxey: If I may. I have a letter here from the Reverend Emilio Vallina.
"To Whom It May Concern:m This letter is on behalf of Labor
Finders located at 1279 West Flagler Street, who are doing a good
service to the community.'
Mayor Suarez: Father Vallina.
Commissioner Alonso: Vallina.
Mr. Doxey: Vallina, I'm sorry.
Mayor Suarez: *OK. Now we know who we're talking about.
Mr. Doxey: "These people find jobs for many who are unemployed and
cannot find work. They try to keep a lot of families together, at
least put food on their tables. A lot of mien come into the office
early in the morning, but by 8:00 a.m., they are all clear.
22 That's not disturbing the area in any way. There are many
loiterers around, but they are not the ones that come to their
office. I believe they are doing a good job and a service to the
community, and they should be allowed to continue with their
work.' 1 1 1 4 3
We as Labor Force, Labor Finders of Dade County, are putting over a hundred
men to work every day. .1 pay workmen's compensation, which everyone knows in
the State of Florida is totally out of sight. These* people are totally
insured, I pay them on a daily basis, I take out their taxes, I take out their
Social Security. I do not fuel the underground economy. 1.,h4ve an office, I
have two computers, -1 have a set of files, I have desks. -I am an office, •I am
an employment agency. As my attorney, Robert Levine, said, -if you .would have
called me up and asked me for a secretary, and she comes back at the end of
the day and gets paid, that's fine. You ask me for a laborer, of which I have
some representative people here who would like to speak, then all of a sudden,
I can't do this type of business. There is a terrible problem in that area.
I did not create the problem. If I am forced to move to an industrial area,
to a factory areas- such as the Zoning people said, I will have to go out of
business. I will not have the people, they cammot get there, and what you're
going to do is put another hundred people right in that area. If anyone would
go by at 6:00 o'clock in the morning, there•are-430 or 40 people - most of them
who are illegal - get hired by contractors, hop in the back of pickups, get
paid $4, $5 an hour in cash. I do not do that. We carry insurance, we have a
legitimate business, we have a contract wi.th our customers. Rinker Materials
Is one of My largest customers. I send 20,. 30 people a day to Rinker
Materials. If I send 20 or 30 secretaries, that's OK. I just feel that the
Zoning people are discriminating against me, against the low and of the
economic curve of nay people, and I just don't think it's fair. I am a
legitimate businessman. My payroll for downtown Miami - and these are not
transient people. These are 99 percent people living in this community who
just do not have transportation. May payroll will be over $2,000,000 this
year, in 1993, mainly because of cleanup from Hurricane Andrew. That's why my
business has increased so much. There is another business down the street, A-
i Labor. Nobody even bothers them. They don't even have a business license.
And Saint John Bosco Church says that I'm not the bad guy in the area. You go
by there at 9:00 o'clock, there's a bunch of drunks there, there are
loiterers. Those are not my people. My people are to work by 7:30, 8:00
o'clock, they can back at 3:00 o'clock, they pick up their checks, and they
go home.
Mayor Suarez: Let me just ask a, question. I think he's posing a legal
dilemma here, in addition to the zoning argument, and that is that somehow,
labor pools are being treated differently from employment agencies. Would we
be able to withstand a' challenge, if there's no rational basis for a
distinction, or...
Mr. Sergio Rodriguez: We - do you want me to try to answer? We made a
determination that hiring pools, if they were not allowed in the City, that
would be a problem, but we say in our determination that hiring halls are
allowed also in commercial areas, C2 commercial areas with special permit.
We're saying that in this type of commercial area where we have a different
kind of businesses, they don't belong there. We believe in this part of the
City, you know, where we have a different type of office and commercial use,
employment offices belong, and this is typical of the ordinance; allow certain
things in certain areas where they are compatible, and allow• them in other
parts of the City where they will be also more compatible. j 'j '�jj
Mayor Suarez: What do you make of the argument that if you di sc�&U; in
whatever, whether it's a portion of the City or all of the City - in this case
you're saying it's a portion of the -City - between employment agencies for
people who are white col)ar workers as opposed to those who are blue collar or
who are laborers, that that somehow is discriminatory?
Commissioner Alonso: I think that probably, Mr. Mayor, and let me make a
comment here. The difference, as I see it, and the problems it creates in the
large number of people, and the gatherings in front and around the location of
that type of business, and it does create a problem in the neighborhoods. For
example, how large is your office?
Mr. Doxey: Seven hundred and fifty square feet, ma'am.
Commissioner Alonso: That's a very small place for the number of people that
you have around.
Mr. Doxey: Yes, but if I might say, that tfils.people come in, they start
coming in at 5:30 in the morning. They're all gone by 7:30 in the morning.
We don't have a hundred people in this 750 square foot. I had, when I ftrst
opened...
Mayor Suarez: How many employees do you have there?
Mr. Doxey: Now many employees do I have in the office? Four to five in our
office. When I first...
Mayor Suarez: How many people pet picked up on a daily basis, a typical day?
Mr. Doxey: We go anywhere, depending on the weather, from 50 to a hundred a
day.
Mayor Suarez: And typically all picked up by what hour?
Mr. Doxey: Everybody, if they don't have transportation, we have two vans,
we - they're all gone by 7:30 in the morning. Mr. Mayor, if I may, when I
first started this business. we were on Northwest 12th Avenue, right around
the corner, 18 Northwest 12th Avenue. We opened this business in 186, and I
went down to the Zoning Board, and I told them exactly what I did, and they
classified me as a temporary i agency, and gave me a license for that. I made
one mistake, when U moved arount the corner, I didn't realize that the license
I needed didn't follow me. 1 still have a business license, I have an
occupational license. I didn't realize that that zoning didn't follow me,
since I only moved 300 feet. And as I say, in 186 when I went there, and I
went to the -.wherever you go for permits downtown, and I told them exactly
what I did. And they said, you are a temporary employment agency, here is
your permit, And we moved in 189, we've been there since 189. Now, all of a
-sudden, in 1992, someone coxes in and tells me I can't do business.
24 Mayor Suarez: How many people wrote in or otherwise objected to this?
Mr. Pablo Canton: Mr. Mayor, we had about three different businesses in
Flagler Street that complained about it. That's how...
Mayor Suarez: Businesses, not residents?
11143
Mr. Canton: ausinesses, forrect businesses.
Commissioner Alonso: This is a business area?
Mayor Suarez: Pablo, no residents?
Mr. Canton: That's correct, businesses. -
Mayor Suarez: On Flagler, on the same side of Flagler, presumably, as they
are?
Mr. Canton: That's correct, that's correct.
Mr. Levine: Mr. Mayor, I don't recall anybody -appearing before the Zoning
Board...
Mayor Suarez: No, no, I presume that that's in writing, right?
Mr. Canton: No, no, it's in writing.
Mayor Suarez: OK. You have the letters for the record that they can look at?
Mr. Canton: I have it in my office, yes.
Mayor Suarez: Or cards. Are they cards or letters?
Mr. Canton: Letters.
Mr. Levine: I think it's important that the Commission knows something about
this case. We had to go to the Dade Circuit Court...
Mayor Suarez: Something about this case? My God, you've told us almost
everything there is possibly. to know about this case. Counselor, you're a
master of understatement. Let me just get a feel from the Commission whether
we want to get more into this. Commissioners, are you going to be interested
in hearing all of the supporters and all of the arguments of counsel, or are
we going to...
Commissioner Plummer: Are the supporters going to tell us anything
differently than what we've heard?
Mr. Doxey: They're going to Just tell you that they depend on me and if I'm
forced to move from this area...
Commissioner Plummer: Sir, I appreciate that, but that is not applicable to a �i
zoning application. 1
Mayor Suarez: Can we have a show of hands on that, to simplify that, to
expedite that? All of the people who would tell us that they have been
employed and otherwise are supportive of this business being there and think
you're...
Yr Me%VAV• Dale• vn110- ham 11 -14 3
Commissioner Plummer: All four of them.
Mr. Doxey: A?? right sti. Everybody else is working.
Mayor Suarez: ... think you're great? Think you're great guys, at cetera.
Mr. Doxey: I'm sorry, I mean, I - another hour could bring a hundred of them,
if you wanted. _
Mayor Suarez: Counselor, I can't imagine that this Commission needs to know
anything further about this, but if you want to try us...
Commissioner Alonso: Just one more question.
Mayor Suarez: I'm sorry, Commissioner Alonso.
Commissioner Alonso: Now many people on an average day do you have, that you
say they come at 8:00 in the morning and come back in the afternoon to get -the
check, how many people are we talking about?
Mr. Doxey: As I say, on a good day, we might do a hundred people. On a bad
day, we might do 50. But, ma'am, they start coming in at 5:30 in the morning.
Some jobs start at 6:00, some start at 6:309 7:009 8:00. They're all gone by
8:00 o'clock. It's not - you don't have'a mass gathering. I mean, it's
interesting, prior to this at 4:00 o'clock, you people are talking about the
problem with the homeless in Miami, and I am putting people to work and paying
them on a daily basis. If you make me move to a factory area where these
gentlemen cannot get there, I cannot afford to come down and pick them up
because I'd price myself out of business. Then you're just going to add to
the homeless problem.
Commissioner Alonsp: Just a minute. Mention to me areas in which your
business would be legal and it's not far from there.
Commissioner Plummer: A block.
Mr. Juan Gonzalez: Juan Gonzalez, Planning, Building and Zoning.
Commissioners, this 1s probably - where first it's allowed...
Commissionv Alonso: Is Little Havana, for example, yes?
Mr. Gonzalez: lNo, no. This is - see, what happens is, there was a
determination made that the hiring halls are...
Mr. Sergio Rodriguez: Areas, areas.
Mr. Gonzalez: ...CZ. ._
26 Commissioner Alonso: I do know that. I just want to know in what location?
Commissioner Plummer: Sir, the question is, how far away?
Commissioner Alonso: Now far away?
Mr. Gonzalez: Probably about - the closest C2 that they have from there would
probably be about a mile.
-Mr. Doxey: I would like that gentlemen to find me a location.
Commissioner Plummer: No, no, no. No, no, no. C2 is right on the other side
of 12th Avenue. -
Mr. Gonzalez: It's farther, on the north side...
Commissioner Plummer: Just one block away.
Mr. Gonzalez: No. C2 is farther down 12th Avenue though. It's probably...
Commissioner Plummer: It's not 12th Avenue and Flagler Street C2? I have a
funeral home, sir, that was there, and it was CZ,.
Mr. Gonzalez: No. no, that's. under the old zoning. That's - you're thinking
about 19 - the old 168, 171. C2 now is farther up north than 12th - 12th
Avenue and Flagler now is...
Commissioner Plummer: What is 12th Avenue and Flagler?
Mr. Gonzalez: It's SD-14.
Commissioner Plummer: No, sir. on the other side of 12th Avenue and Flagler.
Mr. Gonzalez: It's probably a C1 now. It's community commercial. C2, you're
talking about, it's almost an industrial zoning. See, now there's only three
.types of commercial zoning, but realistically, there's C1, which is commercial
zoning; C2, which is a little bit heavier, almost industrial zoning; and the
•I,• which is industrial. There's only three zonings.
Commissioner Plummer: Could we hear from the NET (Neighborhood Enhancement
Teams) Administrator? Sir, are they good, bad, or indifferent in there?
Mr. Canton: The only problem that i can see is that, let's say that a hundred
people go to work, and they only. need 50. The other 50 stay around in. the
neighborhood, and we received complaints about basically the same thing that's
happening on 8th Street and 74th Avenue.
Mayor Suarez: It's the same thing we're talking about in Flagami?
Commissioner Plumper: Yeah, right.
Mayor Suarez: Question. I don't know who would be the best person to answer
this, but suppose we were to agree to continue - their continued use, but only
for a period of time until we solve that - could we reverse ourselves, at some
point?
Commissioner Plummer: No, you just grant the variance for six months. Z
7
Mayor Suarez: Can we do that? 11143
Commissioner Plummer:. Yeah, you can grant it for six months, or four months.
or a review, or sunset, qr do whatever you want.
Mayor Suarez: I'll entertain a option of that vein, in that vein, if you want
to try.
Coomtissioner Plummer: Well, I'm not happy with the answer that...
A. Quinn Jones, III, Esq. (City Attorney): Either you grant a variance or you
don't grant it. You can't condition it.
Mayor Suarez: Can't do it for six months.
Commissioner Plummer: Oh, you can't? Since when?
Mr. Rodriguez: No, no, no. Let me explain to you.
Commissioner Plummer: You can't condition a variance?
Mr. Rodriguez: This is not a variance.
Commissioner Plummer: Oh, it's not?
Mr. Rodriguez: No. This is an appeal on whether the use will be allowed or
not.
Mayor Suarez: And we can't review that in a year?
Mr. Rodriguez: Another way you can do this - this is creative, this is
creative.
Commissioner Plummer: No, then you got to change the zoning.
Mayor Suarez: Thank you. Be creative, please.
Mr. Rodriguez: You can say that you do not agree with the decision from the
Zoning Board, but you believe that this would be a permitted use with a class
2 permit, meaning that it would have — they would have to apply, and there
would be conditions that could be imposed on them, and people could agree or
disagree with that. At this point, if they are permitted, they are permitted
by right, and they will be - there are no conditions imposed on then.
Commissioner Plummer: Sergio, my problem is the Administrator of NET says the
thing that we spent a lot of time, a lot of effort and a lot of money to try
to clear up the matter at 74th and the Trail is the problem existing here.
Mr. Rodriguez: It's the same thing, yeah.
Commissioner Plummer: All right? And I tell you, sir, I don't want, that for
six months, or three months, or one month.
Mr. Rodriguez: OK.
Commissioner Plummer: NW. you know, I'm sorry, it's just not - let me tell
you something. Hahl Yod all ran me out of the area. I was there from 1929
to 1986, and the damn area deteriorated so bad I had to sell.
Mr. Rodriguez: Pedro Ayina is the one that put you there.
Commissioner Plummer: Well, hey, I'm sorry. I don't think it's conducive to
the area. it's sure not enhancing the area, and it's not keeping it at the
same level. I just say they got to move.
Mr. Rodriguez: No, let me...
Commissioner Plummer: Hey, you know, if they needed 50 secretaries, that's
fine. But to have 50 people hanging around there the rest of the day hoping
and maybe to get a job, may or may not get a job, I think it's wrong.
Mr. Rodriguez: May I add something to the record, since this might be
appealed? I found in the Zoning map on page 36, that there is a C2 located a
few blocks from here on Northwest 7th Avenue and Sth, 6th and 7th Street.
Commissioner Plummer: Southwest or Northwest?
Mr. Rodriguez: Northwest.
`Commissioner Plumper: That's on the other side of the bridge. You can't even
get there. The damn bridge has been open for a year.
Commissioner Alonso: No, not this one.
Mr. Rodriguez: You can go through the old part.
Commissioner Plummer: That bridge on - 8th Avenue Bridge has been open for
over a year. Another very fast fishing job by Metropolitan Dade County.
Commissioner Dawkins: They may not want to go over there. That's the area
Roy Black says is not safe.
Mayor Suarez: All right, folks.
Commissioner Plummer: It's safe with the bridge up.
Mayor Suarez:. There's a lot of other things he says that I don't agree with.
All right. What do you want to do with the item.
Mr. Levine: I'd just like to make one final...
Mayor Suarez: No, no, let's try the Commission, because otherwise we might
never get out of here, and if...
Commissioner Plummer: Well, Mr. Mayor, my motion is to uphold the...
Commissioner Alonso: The decision.
9
11143
Commissioner Plummer:, ... the Zoning Board. I Just don't think ites
conducive.
Mayor Suarez: All right, so moved. I'm sorry, then I guess I better hear
from you, because apparently it's - the motion is negative to your position.
Mr. Levine: OK. I'd Oust - I'd like to give credence to the...
Commissioner Dawkins: Wait not, wait. Is the motion seconded?
Mayor Suarez: No.
Mr. Levine: No motion to second.
Commissioner Alonso: I second.
Commissioner Dawkins: All right, now you can discuss it - let's go.
Mr. Levine: It's just that I don't think you have a comparable situation at
all as to the difficulties that were experienced in the other location, and I
think we've got to give some credence to the Reverend and where he says that
my clients are not causing a problem down there, and they're not. And I
understand there are problems down there, and it's very easy to blame a person
who has a storefront, since the other people are somewhat invisible. and they
came and pickup, and they're not easy to identify. But my client is providing
a very, very important and valuable service to the community. It's pumping
$2,000,000 a year to the underprivileged and tow income people who would
otherwise be on the welfare rolls, and you know, not everything in life is
pleasant, and you have the finest people in your area. There's other segments
of our community that have to be taken care of and have to work for a living.
Commissioner Plummer: Sir, that's why we have zoning laws.
Mr. Levine: Well. I understand, but...
Commissioner Plummer: You go down and go on the other side of 17th Avenue and
you're a permitted use. You don't even have to come here and ask our
permission.
Mr. Levine: Well, I'm not...
Commissioner Plummer: Well, when was this business started?
Mr. Levine: 1986, they've been running there since. They've been at the one
location around the corner for three years, and they've been at this location
for three years, and suddenly, last year, they come in and they tell him he's
30 got to move his business.
Commissioner Alonso: The
y have been at this location for three years
illegally?
Mr. Doxey: The same block, ma'am, the saline block. They've been in the same
block since 186, for six years.
Commissioner Alonso: Dot they have a license to operate? Do they have a
certificate of occupancy? Were they a legal business in that location for
three years?
Mr. Gonzalez: They do not have a certificate of use, and that's what brought
this about.
Commissioner Alonso: No wonder.
Commissioner Plummer: Seven years. 186 to now is seven years.
Mr. Doxey: I had a certificate of use on Northwest 12th Avenue. When I
moved, I didn't realize the certificate of use --did not follow me. That's why
I did not reapply for it.
Mr. Levine: May I also add...
Commissioner Plummer: That's the efficiency of Code Enforcement.
Mr. Levine: They've had a City of Miami license continuously at both
locations throughout the entire time. They've had an occupational license
with Dade County continuously throughout the whole time and I-'m not at all
sure...
Commissioner Alonso: At this location?
Mr. Levine: Yes. And I'm not at all sure...
Commissioner Plummer: How did they get an occupational license from the City?
Commissioner Alonso: How did they get an occupational license?
Mr. Gonzalez: Apparently . what - I'm assuming this, I don't handle
occupational licenses - but since they had an occupational license for the
prior location, apparently, they just transferred it to the new location
without a proper certificate of use being obtained for the new location.
Commissioner Alonso: Is that acceptable...
Mr. Gonzalez: No, it's not kosher, and that's being taken care of now in the
system. Occupational licenses change that will - they will not issue a
transfer of a license unless a certificate of use is provided. However, back
then, these problems did exist and now it has been corrected.
-Commissioner Dawkins: And isn't it a fact...
Mr. Gonzalez: That is correct, Commissioner. 3 1
Commissioner Alonso: Because if that had been done, all of this would have
been avoided. 11143
Commissioner Dawkins: Isn't it a fact, sir, to say that because he has been
&L. - -- .-d 4 4- 6 0 %- 4t100401 Iles smA hoo-sivt• hp cot a CO and an oeeuoationai
32
Mr. Rodriquez: Right. -oust being there does not mean that he was right.
Commissioner Dawkins: Melt, say that.
Mr. Rodriguez: Right.
Mayor Suarez: You were inquiring, or are you finished? -
Commissioner Alonso: No, I'm finished.
Commissioner Plummer: All right, let's do something.
Mr. Robert Marazita: May I say one thing here? 1 spoke personally with
Father Vallina.
Mayor Suarez: We need the name.
Mr. Marazita: Yes. My name is Robert Marazita, 1829 Southwest Gth Street.
And I personally spoke with Father Vallina, and he is aware that the people
that hang around that corner have nothing to do with Labor Force. Even if
we're moved, those same people will be there day in and day out; the same
people who pay 70 cents for a bottle of beer and drink it right there on the
corner, and scream from one and of Sedano's to the other and of the building.
That's daily, every day, the same people, every day. But the police do not
take care of them. They harass the businesses, like for instance, ourselves
and the cafeteria next door. Father Vallina has put it right here in typing
that by 8:00 o'clock, all of our workers are clear of the street, and the same
bums are there every day. He would have been here today, but he had a funeral
service to attend. Otherwise...
Mayor Suarez: We're going to take that into the record. Is that already
entered into your record?
Mr. Levine: We would so move it into the record.
Mayor Suarez: Now would I phrase a motion to - substitute motion to the
existing motion that would allow this to go on for two...
Commissioner Plummer: I withdraw the existing.
Mayor Suarez: Thank you.
Commissioner Dawkins: I don't withdraw my second.
Commissioner Plummer: Oh, I'm sorry. .I didn't know that it was seconded.
Commissioner Dawkins: I mean, she seconded it.
Commissioner Alonso: Yeah.
Commissioner Plummer: Well, now, wait a minute. You seconded my motion?
- -- ---- .- - 11143
Commissioner Plummer: Then I don't withdraw it.
.Mayor Suarez: All right. Then I Rake a substitute motion. What would I have
to characterize it as to allow this to go on for 12 months and then be
reviewed?
Commissioner Plummer: Go to South Miami.
Mayor Suarez: Please.
Mr. Rodriguez: You cannot put a.conditional time on this. You either approve
or deny it, or you can approve something also, but you cannot put a time
limit, because what you are agreeing is whether the use is permitted or not.
Mayor Suarez: OK. Now could I do it so that in-:12 months we would be able to
review it? Is there any such a way - is there any such device that can be
used?
Mr. Jones: No, you can't. Either you affirm it or deny it.
Mayor Suarez: All right. I'll make a substitute.motion.
Commissioner Plummer: You're wrong, you will need the ordinance.
Mr. Levine: We could defer it for 12 months.
Mayor Suarez: I thought about deferring it for 12 months, but I - I'm not
getting much help from staff. I don't want to delay the proceedings. I'm not
going to make a substitute motion. I will vote against the current motion and
maybe it won't pass, and we'll see how it goes.
Commissioner Alonso: Mr. Mayor, could we defer this item so that we'll have
an opportunity to go to the area, talk to the business people...
Mayor Suarez: I like that, yes.
Commissioner Alonso: look at the area and really make a final
determination, knowing quite well what is the situation of what it really
means. And then we will have at least two weeks before the item can come back
to us.
Commissioner Plummer: Four week.
Commissioner Al-unso: Four weeks, so even longer, and give us an opportunity
-to really see the situation and not make a mistake at thi;.time.
Mayor Suarez: The area is plagued by a lot of problems, but one of the
biggest ones is unemployment, and if they're providing employment for people
here... 33
Commissioner Alonso: Well, I'm for the employment... 11143
Commissioner Alonso: and I support the position, but I think that
sometimes the location iolcertain areas does create problems to the people, to
the wrchants, to the area in general. We have a problem in @th Street and
.75, 73, It has been a nightmare for the City of Miami.
Mayor Suarez: Yeah, over by Flagami, yeah.
Commissioner Alonso: I don't want this to be the same situation, and I know
they have been in existence, as they say, but we have lots of problems in that
neighborhood.
Mayor Suarez: No, no, no...
Commissioner Alonso: I'd like to go myself there so I - if my fellow
Commissioner has said that...
Commissioner Plummer: Move to deter.
Commissioner Alonso: OK, great.
Mayor Suarez: Move to deter and seconded by...
Mr. Rodriguez: To continue to the June meeting?
Commissioner Alonso: Continue, continue, so it comes back, yes.
Commissioner Plummer: Continue it to June the 29th.
Commissioner Alonso: Yes.
Commissioner Plummer: And I would expect the NET Program Not Code
Enforcement, they don't do nothing - the NET Program to give me a daily
observance of what you find there as to how many people are hanging around and
you can attribute or not attribute to this business.
Commissioner Alonso: Yes.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
34
The following motion.*as introduced by Commissioner Alonso, who moved
!ts adoption:
'' MOTION NO. 93-350
A NOTION TO CONTINUE AGENDA ITEM PZ-3 (PROPOSED
RESOLUTION TO APPEAL THE DECISION OF THE -ZONING
ADMINISTRATOR THAT A HIRING -MALL TYPE OF OPERATION IS
NOT AN EMPLOYMENT OFFICE USE AND IS NOT A PERMITTED
USE UNDER THE SD-14 LATIN QUARTER COMMERCIAL
RESIDENTIAL ZONING DISTRICT); CONTINUING CONSIDERATION
OF SAID ITEM TO THE MEETING PRESENTLY SCHEDULED FOR
JUNE 29TH; FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT THE NEIGHBORHOOD ENHANCEMENT TEAM (NET) TO GO
TO SAID SITE IN ORDER TO DETERMIN9 HOW MANY PEOPLE
ACTUALLY GATHER.AT SAID SITE AT ONE TIME.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
• Commissioner J. L. Plumper, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: Next item...
Mr. Levine: Thank you very much.
N----N--- -N--N----------
--
22. CITY COMMISSION MAKES A FINDING OF PREJUDICE AGAINST THE APPELLEE AND
ENTERS DECISION TO DISMISS APPEAL BY ALAN D. MOBLEY. OF GMMFT (FOR
FAILING TO STATE GROUNDS Ilt ITS NOTICE OF APPEAL, AS REQUIRED UNDER
PERTINENT ORDINANCE) OF SPECIAL EXCEPTION GRANTED BY ZONING BOARD WHICH
WOULD ALLOW PARKING FACILITIES FOR CONTINGUOUS USES TO ALLOW ADJOINING
LOTS AT 3043-305E GRAND AVENUE TO COMBINE PARKING FACILITIES.
(Applicants Jean-Claude Verite / Grand Oak Ltd. Partnership.)
--------------- ----N-NN-N-N-NON-N------------N--�--------N------- - - -
Commissioner Dawkins: Item 5, PZ-5. - 35
Mr. Sergio Rodriguez (Assistant City Manager): Before we discuss PZ-5, I
understand there has been a motion to dismiss the appeal that had been filed
by Lucia Dougherty.
Commissioner Alonso: To dismiss is what's in front of us. 11143
Commissioner Plummer: What?
Mr. Rodriguez: There has bfen a motion to dismiss the appeal; new, something
new.
Commissioner Plummer: On number 5?
Mr. Rodriguez: On number S.
Commissioner Plummer: What does that do with us?
Mr. Rodriguez: Well, they want you to make a decision on that. I guess you
have to hear it.
Commissioner Plummer: What?
Mr. Rodriguez: This is new, it's a new approach.
Commissioner Plummer: A new approach.
Commissioner Alonso: Whatever that means.
Commissioner Plummer: Who wants to dismiss?
Mayor Suarez: We have.two opposing sides here, do we not?
Mr. John Fletcher: Yes, sir.
Mayor Suarez: John, who is going to speak on your side, besides yourself?
Mr. Fletcher: Mr. Mobley, and I understand there are other people who are in
the audience who also wish to speak.
Commissioner Plummer: I don't understand this.
Mayor Suarez: OK. Let me just swear in the...
Commissioner Plummer: I'm contused; are you?
Mayor Suarez: Before we start asking questions and people start talking
without being sworn in.
Commissioner Plummer: Wait a minute. She is the appellant? Lucia, you're
the appellant?
Ms. Lucia Dougherty. He's the appellant. I'm asking for his appeal to be
dismissed.
36 Commissioner Pluirmer: Oh.
Mr. Fletcher: She doesn't like my appeal, and she wants you to chuck it out.
Commissioner Plummer: Well, ladies first so...
11143
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11143
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbsyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11143
in the ....................... ? XXXXXXX ............................... Court,
was published in said newspaper in the issues of
Jun 29, 1994
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
neither pai nor promised any , rm or corporation
any discgtfnt, rebate, comma o refu d for the purpose
of secKin is advertis f pub cation in the said
new
Sworn to and cribed before me this
9 S se 9 4
WEAL) AGNFS L PCLNA
Octelma V. Fe rsonally know PUBLIC STATE OF F[A1tID
COMMMON NO. CC 1721011
MY COMMLWON LXY. LAN. E.19%