Ord. No. 09-06-1877ORDINANCE NO. 0 9- 0 6 -18 7 7
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6
(S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR
PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the citizens of South Miami have asked the City to create provisions
for permanent generators in residential areas; and
WHEREAS, the proposed ordinance is based upon the most current national and
local standards for safety, nuisance control, and environmental health; and
WHEREAS, the Planning Board at its January 31, 2006 meeting, after a public
hearing, adopted a motion by a vote of 7 ayes 0 nays, recommending approval of the
proposed amendment; and
WHEREAS, the Mayor and City Commission desire to accept the
recommendation of the Planning Board and enact the aforesaid amendment.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The South Miami Land Development Code is hereby amended by adding a
new Section as follows:
SECTION 20.3.6.(S) GENERAL REQUIREMENTS AND STANDARDS FOR
PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS
(A) Intent and Purpose
The intent and purpose of this section is to regulate the use and installation of
permanent generators in residential zone districts using standards listed herein.
(B) Definitions
For purposes of this section, the following definitions shall apply;
Decibel — A logarithmic measure of sound. Pertaining to generators, the required
decibel level of the generator shall be listed in the generator manual or be measured
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Ord. No. 09 -06 -1877
by a sound engineer or other qualified individual as approved by the Building
Department.
Decibel Measurement — Decibels shall be measured according to industry standards
by a qualified individual at the abutting_ property line.
Externally - filled generator — A permanent generator which receives fuel from an
external source, thus needing to be manually refueled in order to work properly. This
is accomplished through pouring fuel into an intake area (e.g_ gasoline) or connecting
containers of fuel to an intake valve (e.g. propane).
Internally - filled generator — A permanent generator which receives fuel from an
internal source. This is accomplished through a permanent connection to a fuel
source, thus avoiding manual refueling (e.g. natural gas).
(C) Submittal Requirements
(1) Installation of permanent generators in two - family, townhouse, or multi - family
zone districts shall be subject to all requirements set forth in this Section and shall
also be required to receive approval via the Special Use process, in accordance with
procedures set forth in Section 20 -5.5.
(2) Installation of permanent generators in all residential zones shall undergo the
following process:
(1 Pig Department Submittal:
(a) Site plan drawings and specifications shall be submitted showing the
location of the property, the placement of the generator on the
property, location of all doors, windows and other openings into the
dwelling and each distance from the generator, measurements and
placement of exhaust of the generator, setback from abutting
property(ies), and screening type, size, and measurements.
(b) A copy of the generator's user manual, listing specifications for the
generator.
(c )My other information as deemed necessary by the Planning
Department.
Building Department Application — Upon site plan and screening approval by
the Planning Department, an application and submittal process to the Building
Department shall have the following requirements:
(a) enumerated list of each electrical device that will be input into the
generator, the required amount of voltage needed to power the
electrical device, and calculations showing the output of the generator
is not exceeded by the input of electrical devices
(b) Proof of purchase of an indoor, battery - powered carbon monoxide
detector.
(c) Signed affidavit by a licensed electrician stating the installation will
follow the requirements of this ordinance, any other applicable city
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Ord. No. 09 -06 -1877
ordinances, the National Electric Code, the Florida Building Code,and
any other requirement of law having_ jurisdiction over the process
listed herein.
(d) Approved Planning Department information listed in (C)(1) of this
ordinance.
(e) Any other information as deemed necessary by the Building
Department.
(3) If the generator is an externally fuel filled generator, then the applicant shall
submit the following to the Planning Department and the Building
Department:
(a) Description and specifications of the type of containers that will be
used to store the fuel.
(b) The area at the dwelling where the fuel will be stored.
(c) Fuel containers shall be kept outside pursuant to the "South Florida
Fire Prevention Code ", Chapter 14 - Article III of the Miami -Dade
County Code of Ordinances and shall be held in an approved area and
properly screened
(D) Criteria
(1) Location. Permanent generators shall only be permitted on improved property
with a principal structure and installed behind the front facade of the structure.
(2) Setbacks. The generator shall be installed a minimum of 12.5 feet from the side
and rear property lines.
(3) Noise. The maximum noise output from the generator cannot exceed 65dB
(decibels) at the minimum setback.
(4) Emissions.
(a) Generator shall be installed at least five feet away from any window, door, or
other opening into the dwelling,
(b) Generator's exhaust shall be placed five feet from any window, door, or
opening into the dwelling, and a minimum of 15 feet from any window,
door, or opening of adiacent properties.
(c) A battery - powered carbon monoxide detector shall be purchased and placed at
the nearest window, door, or opening into the dwelling.
(d) The United States Environmental Protection Agency (EPA) and the California
EPA Air Resources Board test and certify small engines for minimal
emissions:
(i) If the proposed generator is EPA or CARB certified the generator
shall be deemed to meet safe emissions standards.
(ii) If the generator is not EPA or CARB certified, the Building
DDg artment shall make a determination if the generator submitted by
the applicant will result in emissions performance which are
equivalent to the above standards.
(5) _Electrical requirements, generally_
a) Electrical permit for the installation of the generator shall be obtained by the
licensed electrician or the electrician's agent.
gM
Ord. No. 09 -06 -1877
b) The input of electrical devices into the generator shall not exceed the output of
the generator.
c) AU change in electrical inputs into the generator shall receive prior approval
from the Building Department and shall be performed by a licensed
electrician. Applicant shall resubmit all necessary items listed in Section C
herein.
d) The generator shall be certified by the Underwriters Laboratory (UL) for
electrical safety.
(6) Gas Supply, internally
a) An internal ag s supply into a generator shall be installed by an appropriate
licensed professional and the professional shall obtain all proper an d
necessary ep rmits.
b) All specifications and information concerning an internal gas feed shall be
submitted with all other necessary information required.
(7) Gas Supply, externally
(a) In order to assure safety from fumes, spillage, and other safety precautions,
the Building Department shall examine and have the power to approve:
(i) Type of fuel,
(ii) Fuel storage containers, and;
(iii) Outdoor fuel holding area
(b) The Planning Department will examine site plans for an outside fuel storage
area and appropriate screening_
(c) The applicant shall submit all information required under (D)(2)(g) of this
ordinance.
E Usage
The use of permanent generators shall be permitted only during the following_
(1) General power outage.
(a) shut off immediately after utilities are restored
(2) Testing.
(a) Shall be as set forth in the manufacturer's specification for the installed unit.
(b) Only during the period 9:00 AM to 5:00 PM
(b) Testing shall not exceed 30 minutes
F Fees
1) A $50 fee shall be paid to the Planning Department as part of the site elan inspection.
(2) Additional fees shall be established pursuant to Ordinance No 15 -04 -1822 as
amended, "Processing Fee Schedule" of the City of South Miami
(3) If the generator is externally filled or does not meet emissions certifications
standards the Planning Department or Building Department may have to assess
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Ord. No. 09 -06 -1877
additional fees to the applicant for research into whether or not the generator meets
safe emissions standards.
(G) Final Inspection
(1) Applicant shall setup a final site plan inspection with the Planning Department within
seven (7) dgys of final installation and screening of permanent generator and outdoor
fuel storage area, where applicable.
(2) No later than six months following the he approval for a permanent generator, the
applicant shall schedule a final inspection with the Department for verification and
acceptance of the final work authorized.
(3) Failure to meet final inspection deadlines shall:
(a) Prohibit the installation and use of the permanent generator, and
(b) Cancel the application process and force applicant to reapply to the Planning
Department and Building Department and pay all appropriate fees, or
(c) Force the applicant to immediately remove the generator from the propert y
with notice, if there is no compliance
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 7 day of Cli2.t , 2006
ATTEST:
—ill-
0 0 Reading — 2 / 21 / 0 6
2nd Reading— 3/7/06
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
�)-, CL i, --� t 0
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts- Cooper:
Commissioner Beckman:
EXomm Items\2006\3- 7- 06\PB -06 -003 LDC Amend Generator Ord.doc
5 of 5
5 -0
Yea
Yea
Yea
Yea
Yea
South Miami
5OUTb+
All-America City
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INCORPORATED
1927
fit O R 19 2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor & Date: March 7, 2006
Commission Members
ITEM No.
From: Yvonne S. McKinley RE: LDC Amendment —
Acting City Manage Generators in Residential Zones
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6 (S) ENTITLED
GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS
IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
In 2005, South Florida and the City of South Miami saw an increased number of tropical systems
that caused frequent and long -term power outages throughout the city and region. In reaction to
the power outages, many residents of the city have begun purchasing or looking into purchasing
permanent home generators. Concerned residents have also requested the Planning Department
create an ordinance regulating the use of permanent home generators.
PROPOSED AMENDMENT
The amendment would be added to existing Section 20.3.6 which is part of the LDC
Supplemental Regulations. The amendment would create Section 20.3.6 (S) "General
Requirements and Standards for Permanent Generators in Residential Zone Districts ". The new
amendment addresses issues of safety, nuisance, and environmental issues as requested by the
citizens of South Miami. Major components of the amendments include:
• Environmental and electrical standards and certifications;
• Requirements for screening of generators and provisions for safe fuel storage;
• Safety provisions concerning harmful carbon monoxide emissions;
• Setback requirements and noise regulations;
• Creation of a process for site plan approval by the Planning Department and a process for
installation approval by the Building Department;
1 of 2
Creation of an application and fee system for permanent generators;
Generators being installed in two family, townhouse or multi - family districts would be
subject to the Special Use Approval process in addition to the standards and requirements
set forth for all residential districts.
PLANNING BOARD ACTION
The Planning Board at its January 31, 2006 meeting, after public hearing, adopted a motion by a
vote of 7 ayes 0 nays recommending that the proposed amendment be approved
RECOMMENDATION
It is recommended that the proposed amendment Section 20.3.6 (S) "General Requirements and
Standards for Permanent Generators in Residential Zone Districts" be adopted.
Attachments:
Proposed ordinance
Planning Board Minutes Excerpt 1 -31 -06
Public notices
YSK/DOD /b'
E: \Comm Items\2006 4 -06\PB Ob -003 LDC Amend Generators Report.doc
2of2
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Tuesday, January 31, 2006
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance -to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates,
Mr. Beilman, Mr. Comendeiro, Mr. Davis and Mr. Farfan.
Board members absent: None
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Jim Montalvo, Esq. (City Attorney), Brian Edney (Video
Support), and Patricia E. Lauderman (Planning Board Secretary).
IV. Planning Board Applications / Public Hearings
PB -06 -003
Applicant: City of South Miami
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD
SECTION 20.3.6 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR
PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE.
Action: Ms. Yates read the ordinance into the record. Mr. O'Donniley provided a
background of this item. In 2005, South Florida and the City of South Miami saw an
increased number of tropical systems that caused frequent and long -term power outages
throughout the city and region. In reaction to the power outages, many residents of the city
have begun purchasing or looking into purchasing permanent home generators. Concerned
Planning Board Meeting
January 31, 2006
Page 2 of 4
residents have also requested the Planning Department create an ordinance regulating the
use of permanent home generators.
Mr. O'Donniley then explained the proposed amendment which would add to existing
Section 20 -3.6 which is part of the LDC Supplemental Regulations. The amendment would
create Section 20.3.6(S) "General Requirements and Standards for Permanent Generators
in Residential Zone Districts ". The new amendment addresses issues of safety, nuisance,
and environmental issues as requested by the citizens of South Miami. He summarized the
major components of the amendment which include:
• Environmental and electrical standards and certifications;
• Requirements for screening of generators and provisions for safe fuel storage;
• Safety provisions concerning harmful carbon monoxide emissions;
• Setbacks requirements and noise regulations;
• Creation of a process for site plan approval by the Planning Department and a
process for installation approval by the Building Department;
• Creation of an application and fee system for permanent generators;
• Generators being installed in two family, townhouse or multi- family districts would
be subject to the Special Use Approval process in addition to the standards and
requirements set forth for all residential districts.
Mr. Comendeiro expressed his concern that the setback requirement of having a minimum
of 15 feet from the side property line may be difficult for homeowners to comply with
since some lot sizes in this city are smaller than other. Ms. Yates also commented that the
setbacks for the side and rear property lines need to be less stringent so that smaller lot
sizes in South Miami have the opportunity to install permanent generators.
Chairman Mr. Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Kimber Maviani 5850 SW 84 St. Neutral
Ms. Maviani provided the Board a hand -out on generator setbacks and decibel information
she compiled. Ms. Maviani indicated that the allowance for rear properly line setback is
too far because at 15 feet from the rear that puts the generator 5 to 10 feet from the
installing house. Also, she noted that lot sizes in South Miami do not accommodate 15 feet
setbacks with a generator being placed 5 feet from the house and that with this proposal the
generator will be in the middle of the backyard.
Manfred Ledford 6461 SW 72 St. Neutral
Mr. Ledford stated that he appreciated the work staff has done on researching this item.
However, he thinks that there are some requirements such as the side setback that are very
restrictive and should be tweaked so that all South Miami resident have the chance to
install a generator if they wish to.
Yvonne Beckman Neutral
Planning Board Meeting
January 31, 2006
Page 3 of 4
Ms. Beckman mentioned that new homeowners and builders that are constructing new
mansion -type homes should be aware of this new ordinance so that accommodating a
permanent generator will not become a problem. Ms. Beckman also suggested looking into
solar powered generators because the idea of having a tank of gasoline in the yard is
unsettling.
The Board resumed discussion on this item. Ms. Lahiff inquired if the city could regulate
the time at which generators could be operating. Mr. O'Donniley replied it was possible to
limit the hours of operation if the Board agreed to change it. On page 3, Section 20- 3.6(S)
(D)(4)(d)(ii), Mr. Beilman suggested in reference to portion that reads "the generator meets
safe emissions standards," if the standards could be quantifiable. Mr. Beilman proceeded to
make a motion.
Motion: Mr. Beilman motioned to add in the "Criteria" portion Section 20-
3.6(S)(D)(4)(d)(ii) "the Building Department shall make a determination on whether the
generator meets safe emissions standards or its equivalent to meeting safe emissions
standards that are quantifiable." Mr. Comendeiro seconded the motion.
Chair Morton suggested the proposed amendment be discussed further and then a general
motion could be made that would incorporate all the changes to the amendment. The Board
agreed and continued discussion on the item.
Mr. Beilman withdrew his previous motion.
Mr. Davis asked about permanent generators and how will they be affected by this
ordinance. Mr. O'Donniley replied that permanent generators that are presently installed
will be grandfathered in however; if they get replaced they will have to comply with the
new ordinance.
Motion: Mr. Comendeiro made a motion for approval with the amendments listed below:
(1) On page 3, Section 20- 3.6(S)(C)(3)(c) fill in the blank space.
(2) On page 3, Section 20- 3.6(S)(D)(4)(d)(ii) add to the section that refers to emissions,
"the building department shall make a determination on whether the generator meets
safe emissions standards or its equivalent to meeting safe emissions standards that are
quantifiable."
(3) On page 3, Section 20- 3.6(S)(D)(2) Change the rear and side setback to a minimum
of 12.5 feet from property lines.
(4) On page 3, Section 20- 3.6(S)(D)(3) Change 63 dB to 65 dB.
(5) On page 3, Section 20- 3.6(S)(D)(5)(a) reword the sentence to read "Electrical permit
for the installation of the generator shall be obtained by the licensed electrician or the
electrician's agent.
(6) On page 4, Section 20- 3.6(S)(E)(2)(a) monthly testing will only occur during the hours
of 9:OOa.m. to 5:OOp.m. Monday through Friday.
Planning Board Meeting
January 31, 2006
Page 4 of 4
(7) On page 4, Section 20- 3.6(S)(E)(2)(b) testing shall not exceed 30 minutes.
(8) On page 5, Section 20- 3.6(G)(3)(iii) delete the word "without" and add the wording
"with notice, if there is no compliance ".
Ms. Yates seconded the motion.
Vote: Ayes 7 Nays 0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or 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 Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 3/7/2006
in the XXXX Court,
was published in said newspaper in the issues of
02/24/2006
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -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 Miami -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 he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing t • dve ' en or publication in the said
newspape 1r, 19
Sworn to and subscribed before me this
24 day of FEBRUARY , A.D. 2006
ell-
(SEAL) min ftv Cheryl H Manner
O.V. FERBEYRE personally known to me a My Commission DD338559
q Expires July 16, 2008
T-1
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CITY OF,.SOUTN MIAMI
NOTICE OF PUBLIC NEARING
NOTICE IS HEREBY given that4he City Commission of the City of South'
Miami Flor•itla will `conduct;�:Pubbc Hearings„ at its.':: regular City
Commission .meeting:scheduled for Tuesday March 7, 2606 beginning•
at 7.30 p m: in the City Commission Chambers 6130 Sunset Drive, to
consider the following items `x
AN ORDINANCE OF THE CITY OF,;SOUTH MIAMI, FLORIDA y
AMENDING jNE.LAND.,DEVELOPMENT CODE OF.:THE CITY
SOUTy N11AM1, FLORIDA TO ADD SECTION,
`'ENTiTLED;:GENERAL AEQUIREIIAENTS;AND STANDARD
FOR,PERMANENT.GENyERATORS,IN :RESIDENTIAL ZON
DISTRICTS;jPROVIDING FDR SEVERABILITY, ORDINAN _
ES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE
�- 1 1 r" fi
a1 RESOLUTION OF THE. MAYOR AND OITY COMMISSION
OF
HE CITY OF "SOUTH MIAMI, RELATING TO �. REQUEST
PURSUANT °TO. - SECTION 203;4(Bx4)(b) OF "THE LAND
novar nPR115= aT cenE FOR SPECIAL.USE APPROVAL TO
HOMETOWN bISTRICT ;:OVERLAY :`ZONING DISTRICT .
SPECIFICALLY LOCATED AT_5701_SUNSET DRIVE (SHOPS
wr er iMCPT ur ArFI• PROVIDING AN EFFECTIVE DATE
its meetir g_or pggno he or,she win nee
and that for such purpose; affected pars
verbatim re664:of the proceedings Is °m,
testimony*ntl evidence upon which the al
2/24 c
r`e'cord of the proceedings,:;
nay need to ensure that a
wh ;
ich record include "s the',
d is to be based
_
06-3-56/646283M
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, March 7, 2006, beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, the City Commission will
hold Public Hearings to consider the following Items:
CAN ORDINANCE TO ADD SECTION 20.3.6 (S) ENTITLED
GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT,
GENERATORS IN RESIDENTIAL ZONE DISTRICTS.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO
SECTION 20- 3.4(S)(4)(b) OF THE LAND DEVELOPMENT CODE
FOR SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO
BE CALLED CHEESEBURGER IN PARADISE IN THE "SR
(HD) "SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET
DRIVE (SHOPS AT SUNSET PLACE).
Inquiries concerning this item should be directed to the Planning and
Zoning office at: 305 -663 -6326
ALL Interested parties are invited to attend and will be heard.
Maria M. Manandez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a
person decides to appeal any. decision made by this Board, Agency or
Commission with respect to any matter considered at Its meeting or hearing, he or
she will need a record of the proceedings, and that for such purpose, affected
person 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
gt bet( 3GIVib Let Nwitr HotvSe be open.
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