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HomeMy WebLinkAbout1983-09-27 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 27, 1983 Invocation by Richard Marant Pledge of Allegiance Roll Call : Present: Mayor: Chester A. Byrd Vice-Mayor: John Bertino' Commissioners: Jean Cook James Adams Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Captain: Vernon Johnson Building Official : Paul Maxwell 1. CONSENT AGENDA Minutes 1 .1 August 31 , Workshop Meeting 1 .2 September 12, Workshop Meeting 1.3 September 13, Regular Meeting A motion was made by Commissioner Donly, seconded by Commissioner Adams to approve the consent agenda with the exception. of item 1 .4, which was pulled for purposes of discussion. The motion passed unanimously. Resolution 1 .4 A Resolution authorizing the temporary transfer of $50,000.00 from the General Fund to the Fishing Pier Fund and providing for repayment. City Manager Marant explained the resolution as a bookkeeping procedure per the City auditors' recommendation and specified that it does not affect the 1983/84 budget whatsoever. During discussion, Commissioner Cook requested that a written report detailing cost break-down of pier capital improvements be prepared for her by City Manager Marant. Mayor Byrd read the title of the Resolution authorizing the temporary transfer of $50,000.00 from the General Fund to the Fishing Pier Fund and providing for repayment. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Adams to adopt the Resolution. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Regular Meeting -1- September 27, 1983 At this time, Commissioner Donly, Public Safety Commissioner, presented an Honorable Mention Award from the Dania Police Department to Patrolman Louis Bautista for exemplary performance and alertness in the arrest of three burglary suspects and the recovery of approximately $20,000.00 worth of marine electronic equipment. 2. PUBLIC HEARINGS Ordinances (Second and Final Reading) 2.1 An Ordinance entitled "An Ordinance of the City of Dania, Florida, adopting the annual sewer fund budget and making appropriations for the fiscal year beginning October 1 , 1983, and ending September 30, 1984, for the maintenance and carry- ing on of the Sewer Department of the City of Dania, Florida; and providing that all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date" was read for second and final reading by Mayor Byrd. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Donly, seconded by Commis- sioner Adams to adopt the Ordinance adopting the annual sewer fund budget and making appropriations for the fiscal year beginning October 1 , 1983, and ending September 30, 1984, on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes • Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.2 An Ordinance entitled "An Ordinance of the City of Dania, Florida, adopting the annual fishing pier budget and making appropriations for the fiscal year beginning October 1, 1983, and ending September 30, 1984, for the maintenance and carry- ing on of the fishing pier of the City of Dania, Florida; and providing that all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date" was read for second and final reading by Mayor Byrd. Mayor Byrd opened the public hearing. After hearing several citizens' supportive comments, the Mayor closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Donly to adopt the Ordinance adopting the annual fishing pier budget and making appropriations for the fiscal year beginning October 1 , 1983, and ending September 30, 1984, on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes ^ ` 2.3 An Ordinance entitled "An Ordinance of the City of Dania, Florida, adopting the annual water fund budget and making appropriations for the fiscal year beginning October 1 , 1983, and ending Sep- tember 30, 1984, for the maintenance and carrying on of the water department of the City of Dania, Florida; and providing that all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date" was read for second and final reading by Mayor Byrd. Regular Meeting -2- September 27, 1983 Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commis- sioner Adams to adopt the Ordinance adopting the annual water fund budget and making appropriations for the fiscal year beginning October 1 , 1983, and ending September 30, 1984, on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Resolutions 2.4 A Resolution entitled "A Resolution of the City of Dania, Florida, as required by the City Charter and Section 200.065, Florida Statutes, approving the millage rate necessary to be levied for the fiscal year 1983-84; and repealing all resolu- tions or parts of resolutions in conflict herewith, and providing for an effective date" was read in its entirety by City Manager Marant. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Donly, seconded by Commis- sioner Adams to adopt the Resolution approving the millage rate necessary to be levied for the fiscal year 1983-84. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 2.5 The title of "A Resolution of the City of Dania, Florida, as required by the City Charter and Section 200.065,.Florida Statutes, for the final approval and adoption of the annual budget of the City of Dania, Florida, for the fiscal year of 1983-84; and providing that all resolutions or parts of resolu- tions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date" was read by Mayor Byrd. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Donly to adopt the Resolution approving and adopting the annual budget of the City of Dania, Florida, for the fiscal year of 1983-84. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Plats 2.6 An Ordinance approving the plat of "Southbrook #1 Subdivision", the same being that part of the SW; of the SW; of the NE, of Section 34, Township 50 South, Range 42 East, lying East of Federal Highway (U.S. Highway No. 1 ) and North of NE 2nd Street, as each is now located, more particularly described and situate, lying and being in Dania, containing 0.3444 acres (15,000 sq. ft..) more or less; and accepting the dedication for public use of all streets, highways and alleys as shown on said plat of said "Southbrook #1 Subdivision" was read for second and final reading by City Manager Marant. (NE 2 St. & Fed. Hwy. ) Regular Meeting -3- September 27, 1983 Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Donly, seconded by Commis- sioner Adams to adopt the Ordinance approving the plat of Southbrook #1 Subdivision on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Rezoning 2.7 An Ordinance rezoning Lots 17, 19, 20, 21 and 22, Block 27, Town of Modello (Now Dania) according to the plat thereof, recorded in,plat book "B", page 49, of the public records of Dade County, Florida, from zoning classification of RO-6000 to C-3 zoning classification, under the provisions of Ordinance No. 100 of the City of Dania, Florida, as subsequently amended was read for second and final reading by Mayor Byrd. (129 SW Second Avenue) ' Mr. A. J. Ryan, representing Peter A. Signore, stepped forward to request rezoning from RD-6000 (Residential Duplex) to C-3 (Commercial ) zoning classification to bring property into compliance with the Land Use Plan. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Commissioner Cook stated for the record that she has a monetary interest in this item. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Donly to adopt the Ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-no Mayor Byrd-yes Commissioner Donly-yes 3. BIDS 3.1 Recommendation on award of bid for microfilm equipment City Manager Marant presented his recommendation on awarding the bid for microfilm equipment per his memorandum #CM-70-83 r dated September 21 , 1983. A motion was made by Commissioner Donly, seconded by Commis- sioner Adams to accept the recommendation of the City Manager and award the bid to Bell & Howell for one ABR-100 camera, " one Image Search Reader/Printer and the computer interface, in the total amount of $22,567.00. The motion passed unanimously. 4. APPOINTMENTS . 4.1 Jack Bradley to the Code Enforcement Board A motion was made by Commissioner Cook, seconded by Vice-Mayor Bertino to appoint by resolution Jack Bradley :as a ,member of the Dania Code Enforcement Board to serve until. November, 1983, ? or until his successor is duly appointed. The motion passed t unanimously. Regular Meeting -4- September 27, 1983 tit • C�: 5. PURCHASES 5.1 Request to purchase tractor off of Ft. Lauderdale Bid #3817 from Massey-Ferguson, Inc. in the amount of $19,748.00. City Manager Marant described the request by staff to purchase the Massey-Ferguson Tractor Model NMF294 for use at the beach. A motion was made by Vice-Mayor Bertino, seconded by Commis- sioner Donly to approve the purchase of the Massey-Ferguson tractor in the amount of $19,748.00. The motion passed unanimously. 6. CITIZENS' COMMENTS At this time, Commissioner Cook announced that Pioneer Days would be held at the Port Everglades Authority on October lst and 2nd, 1983, and encouraged attendance. Bob Mikes commented on recent development regarding the widening of Griffen Road. City Manager Marant explained that the Broward County Staff had requested an additional 4' on the south side of Tenth Street, but was denied its request as unacceptable to the City of Dania. Bob Krouse thanked the Commission for its efforts in killing the proposed A-1-A extension. 7. ADMINISTRATIVE REPORTS 7.1 City Manager City Manager Marant asked Building Official Maxwell to respond to Commissioner Donly's recent request for a progress report on the Tri Columbia removal project. Paul Maxwell reported that in reference to the abandoned structure on the corner of NE 2nd Street and NE 3rd Avenue, the property owner's attorney was contacted and violation notices were sent out. -The property owner was given until October 2, 1983, to initiate some action on the removal project. City Manager Marant thanked the City Clerk, Wanda Mullikin, Finance Director, Marie Jabalee, and Deputy City Manager, Eugene Jewell and all the department heads for their efforts in preparing the City's;budget and also thanked the Commission for its. cooperation in reviewing same. 7.2 City Attorney - no comment. 8. COMMISSION COMMENTS 8.1 Commissioner Adams commented on the dedication of the new Blood Bank in Lauderhill . 8.2 Commissioner Cook commented on the dedication of the new Blood Bank-and the tribute paid to Leo Polk. 8.3 Commissioner Donly - no comment. 8.4 Vice-Mayor Bertino commented on the honoring of Leo Polk. 8.5 Mayor Byrd presented a letter from the Public Services Dept. directed to the County Administrator, Floyd Johnson re a proposal accepting the Social Services in the Boisy Waiters Center. Regular Meeting -5- September 27, 1983 Commissioner Donly asked for a meeting to discuss the Social Service Center proposal . City Manager Marant stated that a meeting was also necessary for discussion and possible action on the P.B.A. and I.A.F.F. contracts. An Executive Session was scheduled for 4:00 p.m. on Wednesday, September 28, 1983, to be followed by a Special Meeting at 4:30 p.m. the same day. Mayor Byrd then commented on the "clean water committee's" activities. He also reported on the status of the proposed de-annexation of the Port Everglades land. Mayor Byrd announced that the County has increased disposal fees despite objections- of the cities. Mayor Byrd proclaimed 1983 as the Year of the Bible. A motion was made and seconded to adjourn. The motion passed unanimously. MAYOR-COMMISSIONER r CLERK K�AIJ �IOR ti. Regular Meeting -6- September 27, 1983 ilia; FORM' VIEMORANDUM OF VOTING COi WT LAST /NAME—FIRST NAME—MIDDLE NAME AGENCY1s unnaC DATE NW1(ICiI VOTE OCCURRED/�/ ❑STAY¢ x MAILING ADDRESS NAME F PERSON R¢CCHIDING MINUTES ❑COUNTY CITY ZIP COUNTY rr�� TITLE OF PERSON RnECO^R-DI-NG✓a1INUTES ,3.3� MUNICIPALITY C...� NAME OF AGENCY SPECIFY ❑OTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION (Required by Florida Statutes §112.3143(1979) ) If you have voted in your official capacity upon any measure in which you had a personal,private,Or professional Interest which Inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your Interest below. 1. Description of the matter upon which you voted in your official capacity: gel 2. Description of the personal,private, or professional Interest you have in the above matter which Inures to your special private gain or the special private gain of any principal by whom you are retained: 3. Person or principal to whom the special gain described above will Inure: alb",Yourself b.❑ Principal by whom you are retained: (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: -� A3 FILING INSTRUCTIONS This memorandum must be filed within fifteen (16) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall Incorporate the memorandum in the meeting minutes.This form need not be _filed merely to indicate the absence of a voting conflict.Florida law permits but does not require you to abstain from voting when a conflict Of Interest arises;if you vote,however,the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1970). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY DE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED a5,000. 'ACE FORM 4-REV. 12.70 AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 27, 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1.1 August 31, Workshop Meeting 1.2 September 12, Workshop Meeting 1.3 September 13, Regular Meeting RECOMMENDATION: Approval Resolutions 1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE TEMPORARY TRANSFER OF $50,000 FROM THE GENERAL FUND TO THE FISHING PIER FUND AND PROVIDING FOR REPAYMENT; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." RECOMMENDATION: Approval 2. PUBLIC HEARINGS Ordinances (Second and Final Reading) 2.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, FOR THE MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 2.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL FISHING PIER BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, FOR THE MAINTENANCE AND CARRYING ON OF THE FISHING PIER OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLU- TIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 2.3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, FOR THE MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESO- LUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." RECOMMENDATION: Approval Resolutions 2.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND' SECTION 200.065, FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1983-84; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE." 2.5 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, FOR THE FINAL APPROVAL AND ADOPTION OF THE ANNUAL BUDGET OF THE CITY OF DANIA, FLORIDA, FOR THE FISCAL YEAR OF 1983-84; AIJD PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." RECOMMENDATION: Approval Plats 2.6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF 'SOUTHBROOK H1 SUBDIVISION' , THE SAME BEING THAT PART OF THE SW< OF THE =;! SWq OF THE NE; OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING EAST OF FEDERAL HIGHWAY (,U.S. HIGHWAY NO. 1) AND NORTH OF NE 2ND STREET, AS EACH IS NOW LOCATED, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SW CORNER OF THE NE;4 OF SAID SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, RUN EAST ALONG THE SOUTH BOUNDARY OF SAID NEq A DISTANCE OF 49 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH ALONG THE EAST RIGHT-OF- WAY LINE OF U.S. HIGHWAY NO. 1 A DISTANCE OF 100 FEET; THENCE RUN i.` EASTERLY BY AN ANGLE FROM SOUTH TO EAST OF 90 DEGREES 10 MINUTES, A DISTANCE OF 150 FEET; THENCE RUN SOUTHERLY BY AN INTERIOR ANGLE OF 89 DEGREES 50 MINUTES, A DISTANCE OF 100 FEET; THENCE RUN WESTERLY BY AN INTERIOR ANGLE OF 90 DEGREES 10 MINUTES, A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN DANIA, BROWARD COUNTY, FLORIDA, CONTAINING 0.3444 ACRES (15,000 SQ FT) MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF SAID 'SOUTHBROOK #1 SUBDIVISION' ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (NE 2 St & Fed Hwy) RECOMMENDATION: Approval Rezoning 2.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO WIT: LOTS 17, 19, 20, 21 AND 22, BLOCK 27, TOWN OF MODELLO (NOW DANIA) ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK "B", PAGE 49, OF THE- PUBLIC RECORDS OF DADE COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF RD-6000 TO C-3 ZONING CLASSIFICATION, UNDER THE PROVI- SIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN 'CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (129 SW Second Avenue) RECOMMENDATION: Approval 3. BIDS 3.1 Recommendation on award of bid for microfilm equipment. 4. APPOINTMENTS 4.1 Jack Bradley to the Code Enforcement Board. 5. PURCHASES 5.1 Request to purchase tractor off of Ft. Lauderdale Bid #3817 from Massey- Ferguson, Inc. in the amount of $19,748.00. 6. CITIZENS' COMMENTS - Comments will be restricted to those areas where action taken by the Administration has not been satisfactory. Items concerning policy or administrative activities not Previously discussed with the Administration will be ruled out of order by the Chair. Comments of a general nature not dealing with operations or policy are welcome. 8. ADMINISTRATIVE REPORTS 8.1 City Manager 8.2 City Attorney 9. COMMISSION COMMENTS 9.1 Commissioner Adams 9.2 Commissioner Cook 9.3 Commissioner Donly 9.4 Vice-Mayor Bertino 9.5 Mayor Byrd ----------------------------------------------------------------------------------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE DANIA CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING 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. s;;