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Home My WebLink AboutNULL (191) i MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 9, 1986 INVOCATION - Wanda Mullikin PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor : John Bertino Vice Mayor : Chester A . Byrd Commissioners : Jean Cook Howard Hirsch Charles McElyea City Attorney : Frank Adler City Manager : Eugene Jewell City Clerk : Wanda Mullikin Police Chief: Gilbert Thivener Building Official : Paul Maxwell 1 . CONSENT AGENDA i Minutes 1 . 1 Regular Commission Meeting , August 26, 1986 . j 1 . 2 Workshop Meeting , August 25, 1986 . Building & Zoning Ordinances ( First Reading ) - none Administrative Ordinances (First Reading ) �- 1 . 3 The title of an ordinance adopting the annual Sewer Fund budget and making appropriations for the 1986-87 fiscal year was read for first reading by City Attorney Adler . 1 .4 The title of an ordinance adopting the annual Water Fund budget and making appropriations for the 1986-87 fiscal year was read for first reading by City Attorney Adler. 1 . 5 The title of an ordinance amending ordinance #170 to provide for reimbursement of lodging plus $65 per diem for the City Commissioners , the City Manager and City Attorney was read for first reading by City Attorney Adler . 1 . 6 The title of an ordinance amending ordinance #16 amending the City Charter, to enable the City Manager to purchase supplies , services, materials and equipment in the amount of $7500; and providing for the purchase of supplies, services , materials and equipment in amounts in excess of $7500, but not more than $15, 000, without competitive bidding ; and providing for a bidding procedure for purchase of supplies , services, materials and equipment in excess of $15, 000, and all contracts for the ; construction, extension and/or improvements to any City utility in excess of $ 1, 000 ; and providing for purchases during unusual conditions of emergencies was read for first reading by City E 1 Attorney Adler . 1 . 7 The title of an ordinance amending ordinance #7 regarding assessment and levying sanitary sewer and water impact connection charges was read for first reading by City Attorney Adler . A motion was made by Commissioner Cook , seconded by Commissioner Hirsch to approve the consent agenda . The motion passed on the following roll call vote : ' LCommissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes i Regular Commission Meeting 1 September 9, 1986 I I r 2 . PRESENTATIONS 2 . 1 Presentation by Broward County Water Resources Management Division regarding well fields . Appearance : Roy Reynolds & Bob Shair Roy Reynolds presented the water supply and future wellfield sites study and described portions of the study relating to the E City of Dania . He said the proposed long-range water supply plan involves the construction of wells out west and the transmission line to bring the western water in . He described an interim plan to increase the proposed size of the two Broward County wells and shut down at least well G in Dania , start at BC3A plant, pick up raw water there, build a pipeline down to the approximate location of wells G & H where Dania ' s raw water line comes into the treatment plant , that line sized to meet Dania ' s future needs . He explained that when the long-range water supply plan is implemented , that pipeline would then become a portion of the overall raw water supply plan for the County . Following discussion of alternative cost funding methods, Mayor Bertino indicated that he would support an interlocal agreement with Broward County regarding the interim plan if the following points could be negotiated to the City ' s satisfaction : 1 ) longevity of well usage ; 2 ) guaranty of the cost of raw water and a say-so in the cost of raw water ; and 3 ) guaranty that entering into an interlocal agreement re the interim plan would not automatically dictate Dania ' s entrance into the proposed long-range plan . The Commission directed the City Manager, City Attorney and City Engineer to meet with the County to negotiate a proposed interlocal agreement and bring it back for workshop . 3 . BIDS - none ` 4 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS ADMINISTRATIVE RESOLUTIONS ( 8: 15 p .m . ) 4. 1 Public Hearing The title of a Resolution of the City of Dania , Florida, as required by the City Charter and Section 200.065, Florida Statutes, approving the proposed millage rate necessary to be levied for the fiscal year 1986-87 was read by Mayor Bertino . i City Attorney Adler quoted from the language of the Resolution approving a proposed millage rate of 5. 170 and establishing a public hearing for final adoption of the millage rate on September 23, 1986. It was noted that the proposed millage rate of 5. 170 is a decrease from last year ' s 5. 239 and is the same as the current " rolled back rate" . a Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the resolution approving the proposed 1986-87 millage rate and to set a public hearing date for final adoption on September 23, 1986 . The motion passed on I the following roll call vote : Commissioner Cook -yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 4. 2 Public Hearing The title of a Resolution of the City of Dania , Florida, as j required by the City Charter and Section 200.065, Florida Statutes, approving its tentative annual budget for the fiscal t year 1986-87 ; and providing for a public hearing when objections Regular Commission Meeting 2 September 9, 1986 1 ` i F7, i 17 thereto will be heard and questions concerning same will be answered was read by City Attorney Adler . i City Attorney Adler quoted from the language of the Resolution j approving the tentative 1986-87 annual budget and establishing a f public hearing for final adoption of the budget on September 23, 1986 . Mayor Bertino opened the public hearing . Hearing response to questions raised by Kurt Volker and comments about negotiating for contractual law enforcement services, and comments by Vincent Carroll , the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to adopt the resolution approving the tentative 1986-87 annual budget . The motion passed unanimously . BUILDING & ZONING 4. 3 Petitioner: M .E . Berry ; Owner: Robert R . Krilich ; property located at Stirling Rd . & SW 18th Ct . ( 3. 7099+ acres ) PUBLIC HEARING - ORDINANCE (Second & Final Reading ) PL-33A-86 - Plat approval request . (Continued from 8/26/86 ) A motion was made by Commissioner Cook, seconded by Commissioner McElyea to table this item at the request of the petitioner . The motion passed unanimously . 4. 4 Petitioner : Joel Gustafson ; Owner: E . Clay Shaw, Jr . ; property located at Griffin Rd . & Fed . Hwy . ( 3 .009 acres ) . RZ-56-86 - Rezoning request from IG to IRO . The title of an ordinance rezoning a portion of the NE 1 /4 of the NE 1/4 of Section 34, Township 50 South, Range 42 East, from IG to IRO zoning classification was read for second and final reading by City Attorney Adler . Joel Gustafson , Attorney, stepped forward to request rezoning . Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . Building Official Maxwell reported all in order and recommended approval . A motion was made by Vice Mayor Byrd, seconded by Commissioner Cook to adopt rezoning ordinance ( RZ-56-86 ) on second and final reading . The motion passed on the following roll call vote : i Commissioner Cook -yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes j ADMINISTRATIVE ORDINANCES ( Second & Final Reading) - none 5 . SITE PLAN REQUESTS - none 6 . EXPENDITURE REQUESTS - none 7 . SPECIAL REQUESTS - - - 7 . 1 Request by Linda Arrigoni to open a community Haunted House at i the old New England Oyster House on Dania Beach Boulevard during the month of October . A motion was made by Commissioner Cook , seconded by Commissioner McElyea to grant the request, provided requirements set forth by j Building Official are met , and subject to the following ` conditions : $ 1, 000, 000 insurance coverage ; approval of fire Inspector ; and detail of appropriate number of police officers as approved by Police Chief. The motion passed unanimously . i , Regular Commission Meeting 3 September 9, 1986 rt ) L ' f 7 .2 Request to declare miscellaneous equipment surplus, to be sold at auction . A motion was made by Commissioner Cook , seconded by Commissioner McElyea to adopt a resolution declaring miscellaneous equipment surplus and authorizing sale at auction . The motion passed unanimously . 7 . 3 Request by Marine Conversions, Inc . for a six month extension to the present Addendum to the Lease between Marine Conversions , y Inc . and the City of Dania . f David Graham described the status of the project to date and ! with regard to the civic center, stated that all underground, site work and most of the paving is finished and Marine Conversions is now in a position to go forward with construction of above ground improvements . He assured the Commission of Marine Conversion ' s intention to build the civic center before expanding the restaurant . Mr . Graham presented a letter of commitment from Royal Palm Savings of Palm Beach agreeing to advance a loan of $500, 000 to Marine Conversions for the construction of the civic center and requested that the City execute the letter acknowledging that the lease is in good standing and acknowledging that the City, based on this letter and the fact that Marine Conversions is now ready to proceed and has the money to put up the civic center, that the City is willing to give Marine Conversions an extension of time necessary to complete the construction . i During discussion, City Attorney Adler advised that the standard construction loan draw and performance bonding procedures give the City adequate assurance that the building will be completed . Responding to recent media comments, Mayor Bertino announced a sum of $400, 000 received by the City from 9/1/80 to date on this particular lease agreement . With regard to the $75, 000 payment that was due on September 1, 1986, with a 30-day grace period , it was pointed out that $50, 000 of that was the final portion of the old penalty on the first extension , and $25, 000 was for the upcoming year ' s rental . -� Commissioner Cook asked Mr . Graham if he was certain that the construction of the civic center would be accomplished within six months and Mr . Graham answered , "Absolutely . " After discussing and rewording possible conditions to the granting of the extension , a motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant Marine Conversions a six-month extension to the lease , subject to the { following conditions : 1 ) a $50, 000 penalty payable on July 1, 1987 ; 2 ) monthly progress reports by the lending institution t inspector to be submitted to the City of Dania ; and 3 ) to revert back to original lease for computation of 9/1 /87 rental payment . After lengthy discussion , including citizen comments both opposed to and in favor of the motion , the motion passed unanimously . 8. APPOINTMENTS - none I 9 . DISCUSSION - none f i 10 . CITIZENS ' COMMENTS No verbal or written requests for citizens ' comments for this night ' s meeting were received . 11 . ADMINISTRATIVE REPORTS i 11 . 1 City Manager Jewell - no comment . 11 . 2 City Attorney Adler - no comment . Regular Commission Meeting 4 September 9, 1986 J 7, Fl 1 .2 COMMISSION COMMENT 12 . 1 Commissioner Cook - no comment . 12 .2 Commissioner Hirsch - no comment . 12 . 3 Commissioner McElyea - no comment . 12 .4 Vice Mayor Byrd - no comment . 12 . 5 Mayor Bertino - no comment . This Regular Commission Meeting was then adjourned . j Y -COIMISSIONER 7 / CITY CLERK-AUDITOR i I i E 3 , I V A t ry 1 j F 1 1 I I i I I I� ' 1 iI Y I i i j i L i Regular Commission Meeting 5 September 9, 1986 k r ' 4 x[ 1 � I AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 9 , 1986 8: 00 P.M. INVOCATION i i PLEDGE OF ALLEGIANCE i ROLL CALL 4 1 . CONSENT AGENDA Minutes j 1 . 1 Regular Meeting , August 26 , 1986 1 . 2 Workshop Meeting , August 25 , 1986 Administrative Ordinances 1 . 3 AN ORDINANCE, OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1986 , AND ENDING SEPTEMBER 30 , 1987 , 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. 1. 4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1986 , AND ENDING SEPTEMBER 30 , 1987 , 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. 1. 5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 170 ADOPTING SECTION 112.061 FLORIDA STATUTES RELATIVE TO i PER DIEM AND TRAVELING EXPENSES OF PUBLIC OFFICERS, EMPLOYEES AND AUTHORIZED PERSONS AND THAT NOTWITHSTANDING SAME TO PROVIDE FOR REIMBURSEMENT OF LODGING PLUS $65 PER DIEM FOR THE CITY COMMISSIONERS, THE CITY MANAGER AND CITY ATTORNEY; 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. 1 OF 4 I , J 1 . 6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 16 AMENDING SUBSECTION (J) , SECTION 4 , ARTICLE 3 , PART III , AND SECTION 3 , ARTICLE 5 , PART XII OF THE CHARTER OF THE CITY OF DANIA, FLORIDA, TO ENABLE THE CITY MANAGER TO PURCHASE SUPPLIES , SERVICES , MATERIALS AND EQUIPMENT IN THE AMOUNT OF $7 ,500; AND PROVIDING FOR THE PURCHASE OF SUPPLIES , SERVICES , MATERIALS AND EQUIPMENT IN AMOUNTS IN EXCESS OF $7 ,500 , BUT NOT MORE THAN $15 ,000 , WITHOUT COMPETITIVE BIDDING; AND PROVIDING FOR A BIDDING PROCEDURE FOR PURCHASE OF SUPPLIES , SERVICES , MATERIALS AND EQUIPMENT IN EXCESS OF $15 ,000 , AND ALL CONTRACTS FOR THE CONSTRUCTION, EXTENSION AND/OR IMPROVEMENTS TO ANY CITY UTILITY IN EXCESS OF $1 ,000 ; AND PROVIDING FOR PURCHASES DURING UNUSUAL CONDITIONS OF EMERGENCIES ; AND PROVIDING THAT ALL ORDINANCES OR 4 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. 1 . 7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 7 REGARDING ASSESSMENT AND LEVYING SANITARY SEWER AND WATER IMPACT CONNECTION CHARGES; 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. PRESENTATIONS 2. 1 Presentation by Broward County Water Resources Management Division regarding well Eields. Appearance: Roy Reynolds & Bob Shair 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Administrative Resolutions (8: 15 p.m. ) 4. 1 Public Hearing - "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200 .065, FLORIDA STATUTES , APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1986-87 ; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. " 4. 2 Public Hearing - "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200. 065 , FLORIDA STATUTES , APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR 1986-87; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. " i 2 OF 4 i Building &Zoning (Second and Final Reading) 4 . 3 Petitioner - M.E. Berry; Owner - Robert R. Krilich; property located at Stirling Road and SW 18th Court. Public Hearing - PL-33A-86 - A plat approval request. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "KRILICH PLAT" , SAME BEING: THE E 1/2 OF THE W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/4 , LESS THE SOUTH 193 FEET THEREOF, IN SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA; AND LOTS 18 THROUGH 24 INCLUSIVE, BLOCK 1 , TOGETHER WITH LOTS 1 THROUGH 12 INCLUSIVE , BLOCK 2; ALL ACCORDING TO THE PLAT OF "DOUGLAS HILL" , AS RECORDED IN PLAT BOOK 12 , PAGE 45 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS CONTAIN 3.7099 ACRES ( 161 ,601 SQ.FT. ) MORE OR LESS, AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "KRILICH PLAT" ; 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 AM EFFECTIVE DATE. (Continued from 8/26/86 ) 4.4 Petitioner - Joel Gustafson; Owner - E. Clay Shaw, Jr. ; property located at Griffin Road and Federal Highway. Public Hearing - R2-56-86 - Rezoning request from IG to IRO. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: THAT PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34 , THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, ALONG THE NORTH LINE OF SECTION 34 , A DISTANCE OF 1001. 05 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 40 SECONDS EAST, 35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEGREES 14 MINUTES 40 SECONDS EAST , 409 . 65 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST , 322. 83 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST (RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81 DEGREES 53 MINUTES 09 SECONDS EAST) ; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE , HAVING A RADIUS OF 520 FEET, A CENTRAL ANGLE OF 09 DEGREES 49 MINUTES 56 SECONDS , AN ARC DISTANCE OF 89. 23 FEET; THENCE NORTH O1 DEGREE 43 MINUTES 05 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 40 FEET EAST OF THE WEST LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34 , A DISTANCE OF 280.78 FEET; THENCE NORTH 44 DEGREES 45 MINUTES 54 SECONDS EAST, 56. 58 FEET; THENCE NORTH 89 " DEGREES 45 MINUTES 20 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 35 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 34 , A DISTANCE, OF 284.69 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 3 ACRES , MORE CLASSIFICATION AS DEFINED UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS 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. 5. SITE PLAN REQUESTS - none 6 . EXPENDITURE REQUESTS - none o no I J I 7. SPECIAL REQUESTS 7. 1 Request by Linda Arrigoni to open a community Haunted House at the old New England Oyster House on Dania Beach Boulevard during the month of October_ . 7 .2 Request to declare miscellaneous equipment surplus, to be sold at auction. ; 7 . 3 Request by Marine Conversions, Inc. for a six month extension to the present Addendum to the Lease between Marine Conversions , Inc. and the City of Dania. !: q. APPOINTMENTS - none i 9 . DISCUSSION - none 10. CITIZENS' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4 :00 p.m. the second ( 2nd) and fourth (4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. the l event athat the concern remains unresolved , the citizen( s) or party to address the City Commission during the meeting. **Emergencies may be given to the Mayor, a City Commissioner or the City Manager prior to the beginning of the meeting. 11 . ADMINISTRATIVE REPORTS 11. 1 City Manager 11 . 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Cook j 12.2 Commissioner Hirsch i 12. 3 Commissioner Mc Elyea 12.4 Vice Mayor Byrd 12.5 Mayor Bertino -------------------------------- _ ; ANY PERSON-WHO DECIDES TO APPEAL ANY DECISION MADE BY THE 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. it i i I J