Loading...
HomeMy WebLinkAboutO-11143J-93-818 4/28/94 01 1 1-4 3 (RD. NO. • •ar • +� it • • •ar • • • • • +D4 a �r + •1 r • 1 • r I •• a, +D • a N - •1 • r *1 r •1 • ' rlr r r •1 •1' +• • 191 • D1 r air • • r r • :. �r ••; i +:1•, r • ••; 1 r •1 • •,• • Ms Is I IN I • it • •,• u r • • :� � r • 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. '•• :10 • •1•J It -4- 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 864 Employment The Real Yellow Pages"" } -mployment Agencies-(Cont'd) J St—ce 1st Enteronsts Inc . ; 50 N W 72,0 A. ......................... 477.3778 SNEWNG PERSONNEL SERVICES yeas rw 53.0'e• •.................... 591.1833 +'else See :,, :Joel, Ad 'NH �qa S•n,,nq; Snen,nq E-rosrment se"Ke �.3. N W 531d -er ........................ 591-8835 SNYDER EXECUTIVE SEARCM INC Saes - Medical A co -outs, Adm,n,strat,.e Stn,tes Fax • 654.4035 ......................................653-2535 EDP '205 NW 19tn St Mum ........ 477.OSM ".lance 7203 "N 19V St Warn,----477-OSM aret ►,nanGal Recruiters .............. 66Q-1026 269- St.m.-S Rd Mid ..-•.•................M.am. rot Ne-481-2118 Maritime Sfrv,as Inc d,wrne a,.d -. ...............381.9945 Mantime sors,a, Inc d.scayne ewd..........................341-1170 ,;ener Referral Sorvu A01 NW 62nd St .......................... 7SA-6001 -Ne Wert Fora 66001VW 27tnA.......... 693.7331 TRAVEL CAREERS UNLIMITED STFIIiT UNIFORCE SERVICES .4750 NW 77tn et ...................... 820-0531 Victoria A A11100atee ►WWRiM Sores 1785 NW 22nd AV .......................... VINCAM HUMAN RESOURCES INC 28s0 Oft" No CG .................... "O-I 50 Wort -King Force Temserary Emerro"t Somas 1300 Cara) *Ay said ............. 2113-91042 YeMnda Latin EmomilmMt 2o26 Sw 1st St ------------------------•-- 643.6143 Yeuta Co-op Inc ago 08a•Lecaa ewe 0e-Lsu.............. M7.nu Employment Contractors - Temporary Help F-MPLOYMENT CONTRACrORS - TWORARY HELP FOR MI Conaumer Iltiormation Call 372-2777 W and enter the low diet cede at yew dhelte 8272 How Dona Temporary Employment Aglncy Work' 8273 FM. 6271 Womutlon To Take To The Agency. lile7s ThtlAwiltitw00 - •Anytime you find yourself in an unusual situation and need a Special product or Serviss, don't panic. Got hell fait in The alit vlllow Palo SiV I 1 CONTRATISTAS ppE EMPLEO- ASISTENCIA TEMPORARIA Para Obtanor Informsclon Gratis Llame al 372.2777 y Marque el codloo de Is W Informacion qua doses 0etanor am Fa=Mmfaatiesominrom am Malacca 1"4 mnlllaneaffMMateew2eWM MS 'latsen A JOB FOR YOU INC Perm AM , or Tema Plate All 7791 Pines anla Pnsert PAS ............. cal -ow A Plus Persolsom Inc SOO MWAY a aeWwwo way .............. 330.ONS A ToafM►Bry sertaws Inc 21" Pow 22M Ct------------------------- 631.4e62 A i A QUALM HOME CARE INC 433 NE 1671111 st NMe---•-•--•--•-•--•- ISO14in A VIP PUMS09L INC . secrgtarw . te.Iareawe WON PrBtaWn : 9380 tM Sam it 604 IMINUW 7300 N Randal a••---.---•---•--••-ITO.1134 6600 NW 27M AM-----•-•--•»--•---001-4m AARON SMART ►IBIM L 97601 OWE Nwr.--.•---.----..-..flta-a0R1 ACCOUNTANCY my ACCNWAMTf ON CALL ea 4 PraetfllM TEMPORMPOR ARY Al PERMANENT Atoeaaae ARd A web P"I.F . Dispossiesso «raa� on Are Off T MP fa 0 To Ow Cwwmm "FOR ASYZ TANCF CALL" '. Atawauau oil Car .--4a3-M ACCOYNTANTI IT low 1100 N AatOM A9 Pt L YWN TM NM•.ii4-i�i ACCOYNTWN -..». tag UU1111111111111 Advertising In The J W Yellow ►ageBr is a ssmole, eeerlemlcal war to attract more business. List your name and the things you Sell When voisglctiYe cust01Mr1 will us than OML Now ACCOUNTING SERVICES BY OLJ" 0 700 Line Ptoole .edr/310�-, Res Bottom �.ne .—. K131 Rtfulli sr•.•cr3 . ACCOUNTANTS. BOOKKEEPERS ACCOUNTING CLERKS TAX SPECIALISTS . CPA's,AuOITORS . FINANCIAL ANALYSTS PC SPECIALISTS . BANKING "FOR INFORMATION CALL - Olsten Professional Accounting $erYKe3 11640 N KenoAii Or - ... .-... 270.2820 ACCUTEMPS INC Temeerary And ►ermanent Acoountng . Data ►riCes3mq . Secretar,a, No Fee re Aaanant 3191 Ceral War........................ 44A-6084 Ace Perseanef Inc 46 NE 167tn St..........94a-9400 AOIA PERSONNEL SERVICES . TemO/P«m . Sat/Crrx ®- . Oat4/ w► L` 1MuIR ADIA . Ne4Ne Ins . MeuN7s/vac TH1 D^O.U1M•10R[ . Mawws . T@CNW. 1 . Twit-e Ranetersoomp1 . E01 'FOR aVF0RAI4T16W ClLL - hUAM2 Add ►erseenN SorvwAs Mull„ 9100 S 08"WW aM ......... 6704020 W WN 1000 BnaNl AV ............... 37241W A111.eM1 LAKES Adsa Person" Senecas 1S600 NW 67tn AV ................... 9214551 PrUVAA0KK PJ)VES Adis ►erseanef somm 9421 Pines aid ►»sort Ms ••......... 436.3411 -TE61POaARY SERVICE INC AMA" TVA""" 11111111110 IN z7j AmreVe cw Fr.-•------------M3-2122 ALL VOCAL PUSONNI L Am$uss S 7bwPandepSt UK .......—»..-- IT3.OtOT 106614 KendaP Or --»------------------- 274.7411 Ameodift RwraNera In 3900 Nw 7" A. ----- ------------------- 592-1435 AFUM PWOB" tot lot W NM St NM----------------------- AZT- 25 A ��Ay & PMI �sTI11EM CEi adooldoot Of Owai* Omer Porow" umn i7u w tiwi «+ .»»..».»».».....114.1010 LNTIC 1QIMCII LABORATORY TECHNICIANS MEDICAL TICMNICt"s CLINICAL SCIENCE POSITIONS SIG-TECNNOLOBY APPLICANTS ENVIRONMENTAL SCIENCE "PL SCISNTWIC PERSONNEL TEMPORARY k PERMANENT SPECIALISTS" ..... -..... 0 No Wn6 Tel Ne•-BOT iiwr THE VERY BEST SERVICE • R OMITS a WORD ACCOUNTINGLC aws INDUSTRIAL Me Ow N AI Lm111FmBRI Al -poi 8 11ee 1 eeas" IN.............. ITO•I�ii "41Nw se" 11• •••••••••••••••••• III• CAREERxCHANGE CALL US FOR ALL YOUR TEMPORARY & PERMANENT STAFFING NEEDS ZZ= u lac ey e :; - - 529-3064 CENTRAL PERSONNEL #I IN PROJECT STAFCiNG DAY AND NIGHT SHIFTS a........... .... ..... ddd.�... CREATIVE STAFFING INC 7700 N KENDALL DR 279-779% a .ere. i.e :., :,o•ar CROWN IMAGE PERSONNEL '31, O'er-C a i '-e-----.-. 800 762.0035 Data Center Services ;:65: i N .... "'+ D 11A Personno, 2302 NE Y0 �. :ZS•?d:a DEPENDABLE TEMPS INC uu Servicing I Dade Y County Three Oecsoes Mt/ 24 Hours 7 Dar, A Weft Deoendao,e Ten.ee ,ne CELLULAR EQUIPPED - Construction Labor - Light industrial - Heavy Industrial - BUSSers - Dishwashers .... And More SW11e Lahr WM 1110 Ofw Negs Nfdm ..... »..............41A•1602 1P1eer Ise Our claw Y 06" ee6) The bal Yellow Pagesm is your complete buying guide. 'FOR ClLL jOVENDAILE TEMPS INC 1 11$ NE 1ATN ST................374-S11 1 oraltlal Jobs Unlimited ArCmtocu, Engineers A Draftsman 3711 NE lilt" St ........................... 7S4-3! East•W411t SemCes $181 .V ZOtr A. -r --- $27.6' EmPr7ers Contract Services 1135 N Wain, A. .......................... 374.E ESPRIT TEMPORARY ST►«PING 6451 Ywmun St 'G..................... II7•10 ,Pear See O.r 1W,Ay Ae east $66. FIRSTEM►S . ACCOUNTING . HUMAN RESOUAC . SOOKKEE►tNG . INSURANCE . DATA PROCESSING . SALES . NEALrw CARE . OFFICE CLERICAL NO FEE TO APPLICANT PLEASE SEE OUR DISPLAY AD AT EMPLOYMENT AGENCIES UNDER FIRST RECRUITERS GROUT 2979 NE 191st St ....................3T3.31 siMOEL ANo Associiin 201 NE 200e St 1111.810.... M,4 TN Nt•• 14M Gifs ►rilay Tomle►ary A Pe -owl hrNPRN ISIS Ina AV ............. •• 371• HASTINGS A NAITINGS INC /1R10NNIL— CONIULTANTS A TEM►ORARY SIRVICEI Smte 1 PW SUP91101 TEM►ORAAY A PERMANENT PERSONNEL Successfully meeting tong A snart :arm "Mortal requirements r„te too Quality AdmmmstraOYe, Acauntinl. Surnaru, aana"I & weft ►raasang Candidates tool 5 saysnore Or ................. 378•; luau 11IRIONNa iuvicl $goo SW Il7t" Au ...................... Seri offif"N itwut 1086 sup or MI ••.... 33 141401,6111101 Daffuewd New Bale ' 3� The 1W Yellow Pap11R offers a quick and 11mole wa; LB /Inc All the Or/auttl And ISFVICII yew rlleB, Most ids lilt the ew11n111 m0� and the produCtS treat art carried for your CCr1,emence I var'"!^; :aMt4gars- 'emocrary Nelp-(Cortt"d) NTERIM PERSONNEL Int "rlm P E R 5 0 r 4 E L. Wfl( CHANGING rM( WAY AM[R1CAN MIRtl... 110CRARV Not FW66-TIM( 16AC14INT a w040 PROCESSING a DATA E474Y a SECRETARIAL a CLERICAL a ACCOuNTINi R If. foluif11Ak �'ClD //OCIJJINO .►�//MIND An 1q6R !LOCK Comeany "HAA41 INTERIM PERSONNEL 5900 SW 73RD ST SM--------- 66S-S77S FORTH DADE e• ^ ;vsornr �C4 2 -es.............. ....... ^. •e, yo•-625•9737 0-es 5'stems Inc A'S 9 !-0•e war :1 -•• 461.9536 ;vy Assisted L,vmq •aaa; Nw 2^4 A.---- 653-8707 Kn y Assisteduvm1 3a0 alst St M6....... S38-02U Ke,lt Temporary sort-ces .2::: 9 fume Sw ---------------------- 192.6426 .940 w att+ St -1r----------------------- $22.8210 KELLY TEMPORARY SERVICES N[E0 Wong? CAI/ R[LLYN K ......n.r� Call rho Kelly G.r* PtCole. Choose OHkt. Maraetinq, L.gnt !ndustnal Or Technical Smart wore _. 100'$ of does! EDE M/F N v Not an Agency • Never a Fee lffALE/H Kelly Temporary Sery ctj :ca0 w 49t• St ....................122•i210 .NUM/ still 11�Necry Stmgf 400 4 RtnaAll DP....................27A.S910 Key melsonnt, tJAnmgtd Inc ............................................ 59"792 KEY POWER PERSONNEL INC :s rw r S=--------------------------577-"94 ' ease iee : : so,a. Ad tat. 166, �/LA60R FINDERS OF DADE COUNTY 3 8 04 *Vs INDUSTRIAL TEMPORARIES w ArMO using . Production . note,srReuaurants . Payroll Se•r,ces . Landscaping Imwtory 6 Assembly . Construction semi -Soot. 6 Non -Sidled Temoorarns 24 mours . 7 Days LABOR ON DEMAND •P{IPORARY HELP t$ OUR PULL rfAFEJt7Q DOWVTOW-V ►41A.s41 Labor FIneert Of Dade County •2'o 'v c age. 5t.................... 5454617 HIALL4 H Labor F,nden Of Dade County : a a _ A t - A.. ................. $87.0520 SOC'TH SffAMf abor ;,Aden Of Dade County .:a:2 5w :gat- •e----------•------- 252-3619 -ab0. 0-e ::a: w c 49'e• S......^---....... 545.39W .A00• "010,P •- vw .31: A..............A36.6111 .A00• word •: vw 2"!. S*------•-------- 573.1516 .:Do, word 2:•a2 S e +wy............ 256.4005 .egn 4tt.ort Inc ..................... ......a/5.6622 : ass., cat 0• :. . -.to Nett &age 1 0Z04FWA11a r • Word Processors / Data Entry •Office Managers • Computer Operators of Administrative Assistants • Receptionists / Switchboard • General Office Staffing • Secretaries / Legal to Medical Assembly • Bookkeepers l Accounting Clerks • Light Industrial • Technical --• WE OFFER: MEDICAL INSURANCE J`1 - VACATION PAY, REFERRAL A } PERFORMANCE BONUSES, •� FREE COMPUTERIZED TRAINING, Ranked #473 in America's Fastest Growing Firms CREATNE hallowa 114 NATIONAL Aft=A 10% k6 ST�FFING OF TIMFORARY SERVICES MIAMI'S FASTEST GROWING PERMANENT & TEMPORARY SERVICE 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%