HomeMy Public PortalAbout08-28-01 Zoning Meeting.tifMINUTES
ZONING MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, AUGUST 28, 2001
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein,
Robert Oldakowski, James L. Peters, Vice Mayor Mortimer Fried and Mayor Joe I. Rasco. Also
present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village
Attorneys Richard Jay Weiss, Nancy Stroud and Stephen Helfman.
2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance.
Mayor Rasco gave an invocation.
3. SPECIAL PRESENTATIONS: Representatives Gustavo Barreiro and Ronald Silver
presented the Village Council with a $50,000 grant awarded to the Village from the 2001-2002
Florida Recreation Development Program.
4. AGENDA:'Mayor Rasco requested that Item 9J be heard together with Item 8 (2). There
was no objection to the agenda change.
Vice Mayor Fried requested to hear Item 10A15 after Item 9H. There was no objection to the agenda
change.
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Mayor Rasco made a motion to delete Items 9E and 9H from the Agenda. The motion was seconded
by Vice Mayor Fried and approved by a 5-2 voice vote. The vote was as follows: Councilmembers
Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass
and Peters voting No.
Councilmember Bass requested the withdrawal of Item10A8 and to move Item10A9 to the beginning
of the Agenda. There was no objection to the Agenda change.
At this time Councilmember Bass made a motion to cancel the September 4, 2001 Council Meeting.
The motion was seconded by Mayor Rasco and approved by a 6-1 voice vote. The vote was as
follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco
voting Yes. Councilmember Peters voting No.
The Clerk requested the addition of a time sensitive resolution regarding Telecommunications
Service Providers as Item 9L. There was no objection to the agenda change.
At this time the Attorney requested an Executive Session regarding the Village of Key Biscayne vs.
Amoco. The date for this Executive Session will be set at a later date.
5. APPROVAL OF MINUTES: Councilmember Broucek made a motion to approve the
minutes of the July 10, 2001 Council Meeting. The motion was seconded by Councilmember Bass
and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein,
Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes.
6. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public
hearings were sworn in by the Attorney.
Hearing Number SP -03. Key Biscayne Shopping Center Joint Venture, 24 West Enid Drive, the
applicant is requesting approval of a site plan relating to the construction of an office building
(existing office building will be demolished).
This public hearing is continued from the July 10, 2001 Council Meeting.
The Mayor opened the public hearing. Patricia M. Baloyra, attorney with Tew Cardenas
Rebak Kellogg Lehman DeMaria Tague Raymond & Levine, L.L.P., representing the
applicant, requested deferral of this request to the October 23, 2001 Council Meeting. The
Mayor closed the public hearing.
The request to continue this hearing to the October 23, 2001 Council Meeting was approved by a 7-0
voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters,
Vice Mayor Fried and Mayor Rasco voting Yes.
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August 28, 2001
Hearing Number Sign - 01. Camille Schofield - Collins Signs, Inc., 724 Crandon Boulevard, the
applicant is requesting approval of a sign package for a multi tenant shopping center.
Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating
his recommendation of approval of the applicant's request with the following amendments:
1.) The "CVS" letters shall not exceed a height of 24 in. The pharmacy letters shall not
exceed a height of 14 in. There shall be no other signage for this use; 2.) Letters for the other
tenants shall not exceed a height of 14 in. with signage limited to one sign per store. No
accessory signage is permitted; 3.) The length of each sign is limited to 60% of the width
of the storefront. Signs shall be centered; 4.) The letters shall be "red". All letters shall be
upper case with the exception of the "pharmacy" letters which may be in lower case and 5.)
There shall be no monument sign.
The Mayor opened the public hearing. Gerry Knight, attorney for the applicant, addressed
the Council amending the application to include staff's recommendations mentioned above.
The Mayor closed the public hearing.
Vice Mayor Fried made a motion to approve the amended sign package request for 724 Crandon
Boulevard. The motion was seconded by Councilmember Oldakowski and approved by a 5-0 roll
call vote. The vote was as follows: Councilmembers Fein, Oldakowski, Peters, Vice Mayor Fried
and Mayor Rasco voting Yes. Councilmembers Bass and Broucek were out of the room at the time
the vote was taken.
7. ORDINANCES: There were no ordinances on first reading considered by Council.
The Clerk read the following ordinance, on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 6 "BUILDINGS AND BUILDING
REGULATIONS" BY AMENDING SECTION 6-2 "CONSTRUCTION DEBRIS" BY
CREATING PARAGRAPH (D) "CONDITION OF ON -SITE RECEPTACLES,"
PROVIDING FOR REQUIREMENT THAT ON -SITE RECEPTACLES USED FOR THE
DEPOSIT OF CONSTRUCTION DEBRIS BE MAINTAINED SO THAT GRAFFITI IS NOT
DISPLAYED ON THE EXTERIOR OF SUCH ON -SITE RECEPTACLES, AND THAT THE
EXTERIOR IS PROPERLY MAINTAINED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING
FOR EFFECTIVE DATE.
Councilmember Oldakowski made a motion to adopt the ordinance on second reading. The motion
was seconded by Councilmember Broucek.
The Mayor opened the public hearing. Gregory Han, 68.5 Curtiswood Drive, addressed the
Council. The Mayor closed the public hearing.
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The Attorney addressed the Council regarding this ordinance.
Councilmember Bass made a motion to defer this ordinance. The motion was seconded by Vice
Mayor Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass,
Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein
was out of the room at the time the vote was taken.
The Clerk read the following ordinance, on second reading by title:
AN ORDINANCE OF THE VILLAGE OF KEY, BISCAYNE FLORIDA, RELATING TO
ARTICLE VIII "SIGNS" OF THE ZONING AND LAND DEVELOPMENT
REGULATIONS PROHIBITING POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY
AND ESTABLISHING SIZE AND SETBACK REQUIREMENTS FOR POLITICAL SIGNS
ON PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
Councilmember Bass made a motion to adopt the ordinance on second reading. The motion was
seconded by Vice Mayor Fried.
The Mayor opened the public hearing. Gregory Han, 685 Curtiswood Drive addressed the
Council. The Mayor closed the public hearing.
The Attorney and Director Kurlanchek addressed the Council regarding this ordinance.
There was extensive discussion from Council regarding this ordinance.
Councilmember Fein made an amending motion to leave the setbacks as they currently are, with the
exception of Government owned property. The motion was seconded by Councilmember
Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass,
Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes.
Councilmember Bass made an amending motion to preclude it also from commercially owned
property. Councilmember Bass withdrew his motion.
The ordinance a.amended was adopted on second reading by a 7-0 roll call vote. The vote was as
follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor
Rasco voting Yes.
At this time Mayor Rasco, on behalf of the Village Council, extended his condolences to the Village
Clerk on the passing away of her brother in law. The Clerk thanked the Mayor and Council for their
kind words and expressions of condolences.
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8. VILLAGE CLERK: The Clerk presented to the Council the Certificate of legal sufficiency
for the Charter Amendment petition of Section 5.02 (a).
The Attorney addressed the Council regarding this Certificate of legal sufficiency.
Councilmember Fein made a motion directing the Village Attorney to prepare the appropriate
resolution to place this item on the ballot. The motion was seconded by Vice Mayor Fried and
approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein,
Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes.
The Clerk presented to the Council the Certificate of legal insufficiency for the Charter Amendment
petition of Section 4.10 for Council review of Certificate of insufficiency, and Council action to
approve or disapprove the Certificate of insufficiency.
The Attorney addressed the Council regarding the Certificate of legal insufficiency of this petition.
Councilmember Fein made a motion to accept legal counsel's opinion of legal insufficiency. The
motion was seconded by Vice Mayor Fried.
There was extensive discussion from Council regarding this issue.
The following residents addressed the Council regarding the petition: Arturo Aballi, 91
Island Drive, attorney on behalf of the Petitioner's Committee and Andrew Gordon, 269
Cranwood Drive.
The motion was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers
Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass
and Peters voting No.
At this time Item 9J was heard.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; FINDING THE CITIZENS' PETITION TO AMEND "SECTION 4.10.
BORROWING." OF THE VILLAGE CHARTER TO BE LEGALLY SUFFICIENT;
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Peters made an amending motion instructing the attorney to draft an ordinance in
order to place this item on the ballot. The motion was seconded by Councilmember Bass.
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The following residents addressed the Council: Camille Guething, 260 Seaview Drive;
Isabel Gambino, 676 Ridgewood Road; Jonathan Ullman, 544 Fernwood Road; Karen
Futernnick, 325 Pacific Road and Blanca Mesa, 544 Fernwood Road.
The motion was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Bass,
Oldakowski, Peters and Mayor Rasco voting Yes. Councilmembers Broucek, Fein and Vice Mayor
Fried voting No.
9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, RESPONDING TO A VERIFIED COMPLAINT FROM THE COALITION TO
RESCUE PARADISE, INC.; AND PROVIDING FOR EFFECTIVE DATE.
Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded
by Councilmember Broucek and approved by a 6-1 roll call vote. The vote was as follows:
Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes.
Councilmember Peters voting No.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH E.A.S. ENGINEERING FOR ENVIRONMENTAL AND
ENGINEERING SERVICES FOR THE CALUSA PARK MANGROVE BOARDWALK;
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by
Councilmember Broucek.
The Manager addressed the Council regarding this resolution.
The resolution was approved by a 7-0 voice vote. The resolution was approved by a 7-0 voice vote.
The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor
Fried and Mayd'r Rasco voting Yes.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ACCEPT A $10,000
DONATION FROM THE MASHTA ISLAND ASSOCIATION, INC. FOR PURPOSES OF
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August 28, 2001
COMPLETING THE LANDSCAPING AT THE ENTRANCE TO THE MASHTA ISLAND
BRIDGE; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Broucek made a motion to approve the resolution. The motion was seconded by
Councilmember Fein and approved by a 7-0 voice vote. The resolution was approved by a 7-0 voice
vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice
Mayor Fried and Mayor Rasco voting Yes.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; TO REQUIRE THE FOLLOWING CRITERIA TO BE MET BEFORE
ADVERTISING FOR OR ACCEPTING ANY BID OR GMP ON ANY CAPITAL PROJECT
INCLUDING THE PROPOSED RECREATION CENTER, COMMUNITY THEATER,
CIVIC CENTER SITE WORK AND ANY OTHER CAPITAL PROJECT; PROVIDING
FOR AN EFFECTIVE DATE.
Councilmember Peters made a motion to approve the resolution. The motion was seconded by
Councilmember Bass.
The Manager addressed the Council regarding this resolution.
The resolution failed by a 1-6 voice vote. The vote was as follows: Councilmember Peters voting
Yes. Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting
No.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; TO REQUIRE ALL EXPENDITURES FROM THE CONTINGENCY FUNDS
FOR THE FIRE STATION AND THE POLICE/ADMINISTRATION BUILDING AND ANY
OTHER CAPITAL PROJECT UNDER CONSTRUCTION TO BE APPROVED BY THE
COUNCIL; PROVIDING FOR AN EFFECTIVE DATE.
CouncilmemberPeters made a motion to approve the resolution. The motion was seconded by
Councilmember Broucek.
The Manager addressed the Council regarding this resolution.
The resolution failed by a 1-6 voice vote. The vote was as follows: Councilmember Peters voting Yes.
Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting No.
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August 28, 2001
At this time Item 10A15 was heard.
Vice Mayor Fried made a motion to suspend construction of the Administration/Police Building for
a period of 15 days. The motion was seconded by Councilmember Broucek.
There was extensive discussion from Council regarding this motion.
The motion failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Broucek, Peters
and Vice Mayor Fried voting Yes. Councilmembers Bass, Fein, Oldakowski and Mayor Rasco
voting No.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; CREATING A NEW BASEBALL AND SOFTBALL STEERING COMMITTEE
INDEPENDENT FROM THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN
EFFECTIVE DATE.
Councilmember Bass made a motion to approve the resolution. The motion was seconded by Mayor
Rasco.
The following residents addressed the Council: Ana Rubio, 121 Crandon Boulevard; Luis
de la Cruz, 640 Allendale Road; Luis Arrondo, 350 Grapetree Drive; Audreylee Leavitt, 240
Island Drive; Ramon Rodriguez, 530 Sabal Palm Drive; Alfredo Zayas, 555 Crandon
Boulevard; Bill Thompson, Ridgewood Road; Lori Davis, 265 Grapetree Drive; Steve
Simon, 335 Harbor Lane and Jim Leavitt, 240 Island Drive.
At this time Councilmember Oldakowski made a motion to extend the meeting to 11:30 p.m. The
motion was seconded by Councilmember Peters and approved by a 7-0 voice vote. The vote was
as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor
Rasco voting Yes.
Councilmember Bass requested deferral of this resolution. There was no objection from Council to
this request.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO THE
ATTACHED AGREEMENT WITH TESAURUS, INC. FOR PURPOSES OF LEASING
LAND AT 200 CRANDON BOULEVARD AND DEVELOPING THE SITE FOR
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August 28, 2001
RECREATIONAL FACILITIES; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Broucek made a motion to approve the resolution. The motion was seconded by
Mayor Rasco.
Conchita Suarez, 201 Crandon Boulevard; Steve Simon, President of the Key Biscayne
Athletic Club and Ellen Blasi, 240 Crandon Boulevard, Fininvest, addressed the Council.
The Manager and the Attorney addressed the Council regarding this resolution.
The resolution was approved by a 7-0 voice vote. The resolution was approved by a 7-0 voice vote.
The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor
Fried and Mayor Rasco voting Yes.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT FOR AN
AUDIT OF THE FRANCHISE FEES AND TAXES PAID BY TELECOMMUNICATIONS
SERVICE PROVIDERS FOR THE PAST THREE (3) YEARS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by
Councilmember Oldakowski.
The Manager addressed the Council regarding this resolution.
The resolution was approved by a 7-0 voice vote. The resolution was approved by a 7-0 voice vote.
The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor
Fried and Mayor Rasco voting Yes.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Mayor Rasco requested the deferral of the appointment of the Special
Masters. There was no objection to the request.
Councilmember Bass addressed the Council regarding the Citgo Gas Station counter-offer.
Councilmember Bass made a motion directing the Attorney to draft a contract to purchase the Citgo
property. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote.
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August 28, 2001
The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor
Fried and Mayor Rasco voting Yes.
Councilmember Broucek requested deferral of the discussion regarding the Fire Department
formation and acquisition of equipment. Comparison of cost of services today vs. Those with
Miami -Dade County prior to Incorporation. There was no objection to the request.
Councilmember Broucek requested deferral of the discussion regarding the Police Department, cost
of services today in comparison to Miami -Dade County prior to Incorporation. There was no
objection to the request.
Councilmember Oldakowski withdrew Item 10A5 regarding non-compliance of the Ritz -Carlton
Hotel retaining runoff water on their property, as required by law.
Councilmember Bass requested deferral of a discussion to purchase another Crandon Boulevard
property.
Councilmember Bass addressed the Council regarding the Beach Renourishment project. James
DeCocq, Special Consultant on Beach Renourishment, addressed the Council regarding this project.
Councilmember Bass withdrew Item 10A8 regarding review of bidding process.
At this time Councilmember Fein made a motion to extend the meeting to 11:45 p.m. The motion
was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as
follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor
Rasco voting Yes.
Councilmember Peters addressed the Council on the Pines Canal meeting regarding grant application
held August 2, 2001 in the Council Chamber. The Manager addressed the Council stating that the
grant application for this project has been withdrawn.
Bob Skinner, 561 Sabal Palm Drive, addressed the Council regarding the Pines Canal Project
and Paul Mason, 1111 Crandon Boulevard, representing the Towers of Key Biscayne
Condominium.
Councilmember Fein reported on the progress of the efforts to secure federal funding for the Sanitary
Sewer Project.
Councilmember Bass addressed the Council regarding eminent domain proceedings for the Hyde
Park property, stating that at this time he does not feel comfortable to pursue this process.
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August 28, 2001
Mayor Rasco requested deferral of Item 10A13 regarding bus shelters for Crandon Boulevard. There
was no objection to the request.
Mayor Rasco requested deferral of Item 10A14 regarding a meeting with the Miami -Dade County
School Board, Region IV on Community School playing fields.
Councilmember Oldakowski addressed the Council regarding the re -scheduling of the Playing Fields
Workshop to Tuesday, October 2, 2001 at 7:00 p.m. in the Council Chamber. It was the consensus
of Council to re -schedule the workshop to October 2, 2001.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by
the Office of the Mayor during the months of July and August of 2001: proclaiming July 19, 2001
as "The Ritz -Carlton Key Biscayne Day"; proclaiming the week of September 17-25, 2001 as
"Constitution Week"; proclaiming October 27, 2001 as "Make a Difference Day" in Key Biscayne.
At this time Councilmember Oldakowski made a motion to extend the meeting to 11:50 p.m. The
motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as
follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor
Rasco voting Yes.
Village Manager. The Manager reported on the following projects: 1.) Ocean Park is about 70%
complete and the project is going very well. Completion date estimated for the end of the year; 2.)
The gazebo/bandstand should be completed within the next 30 days; 3.) The Uplighting Project is
due at the end of November.
The Manager and the Attorney addressed the Council regarding the correspondence from the Key
Biscayne Presbyterian Church regarding the temporary location of the Village Administration
Offices. The Manager was directed to continue working on this issue.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was preselTted to the Council.
13. ADJOURNMENT: The meeting was adjourned at 11:50 p.m.
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August 28, 2001
tfully submitted
4
Conchita H. Alvarez, CMC
Village Clerk
Joe I. Rasco
Mayor
zr we
September , 200
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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