31To:
Via:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
The Honorable Mayor Stoddard at
Hector Mirabile, Ph.D., City Mann
Thomas J. Vageline, Director
Planning and Zoning Department
November 16, 2010
Soutar Miami
Au•pmericaCitN
2001
the City Commission
ITEM No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend
Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use Schedule" in order to
change the Group Home II use category from a "P" Permitted Use category to the "S" Special Use
category for zoning use districts; and amending Section 20- 3.4(B)(15) entitled "Special use
conditions" in order to include Group Home II as subject to the same special requirements
currently applicable to Group Home I uses; providing for severability; providing for ordinances in
conflict; and providing an effective date.
BACKGROUND
The City Commission at its September 21, 2010 meeting approved Ordinance No. 27 -10 -2052 which
revised the use category assignment for Group Home I from "P ", permitted Use to "S ", Special Use. The
adopted ordinance also established a series of pre - conditions which will be applicable to any Group Home
I approved through the special use process. Attached are copies of the City Manager's report (Attachment
"A ") and the adopted ordinance (Attachment "B ") on the subject.
During the Planning Board's review of the ordinance that was adopted it was recommended by several
members that the same regulations be made applicable to the Group Home II type, which are similar
facilities but are serving clients not requiring a State license. The Board was advised that the ordinance
under consideration at that time did not refer to the Group Home II category and the public ads did not
refer to the Group Home II category. Staff recommended that a follow -up ordinance be brought back to
the Board at a later meeting.
PROPOSED LDC AMENDMENTS
The following two LDC Amendments will result in both Group Home I and Group Home II being subject
to the same requirements.
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). The attached revision to the Permitted Use
Schedule modifies the use category of "Group Homes 1I" to show that a Group Home II will be an "S"
Special Use in all zoning districts including the three TODD sub - districts.
(2) LDC Section 20- 3.4(B)(15) would be amended. This section is a list of special pre -set requirements
applicable to designated special uses. This section would be amended to include Group Home II as
subject to the same pre -set conditions as Group Horne I.
Section 20 -3.4 Special Use Conditions
(B) Special requirements
(15) GROUP HOME I and GROUP HOME II
(a) There is required a minimum of two (2) parking spaces, but no more than two (2)
unenclosed parking spaces.
(b) business tax receipt shall be required.
(c) Supervisory staff shall be on- premise 24 hours per day, 365 days per year.
(d) Emergency telephone numbers shall be provided to the Police department and be kept
current at all times.
(e) The address number must be placed on the house in a way to be clearly visible from the
street.
(f) There shall be no signage on the property.
The above conditions would be mandatory and additional conditions could be added by the Planning
Board or City Commission during a special use public hearing.
PLANNING BOARD ACTION:
The Planning Board at its meeting on September 23, 2010 conducted a public hearing and adopted a
motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendments.
RECOMMENDATION
It is recommended that the proposed amendments to Sections 20 -3.3 and 20 -3.4 as set forth above and in
the attached draft ordinance be approved.
Attachments:
Draft Ordinance
LAC Amendment Document- Permitted Use Schedule, Exhibit "A"
City Manager Cover report 9 -21 -10 (Attachment "A')
Ordinance No. 27 -10 -2052 (Attachment 'B')
Planning Dept. Staff Report 9 -23 -10
Planning Board Minutes Excerpt 9 -23 -10
TJV /SAY
X: \Comm Items\2010 \11 -16 -10 \LDC Amend Group Hornell CM Report.doc
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, to amend Section 20- 3.3(D) of the Land Development Code entitled
"Permitted Use Schedule" in order to change the Group Home II use category from
a "P" Permitted Use category to the "S" Special Use category for zoning use
districts; and amending Section 20- 3.4(B)(15) entitled "Special use conditions" in
order to include Group Home II as subject to the same special requirements
currently applicable to Group Home I uses; providing for severability; providing for
ordinances in conflict; and providing an effective date.
WHEREAS, the City Commission at its September 21, 2010 meeting approved
Ordinance No. 27 -10 -2052 which revised the use category assignment for Group Home I
from "P ", Permitted Use to "S ", Special Use and also established a series of pre - conditions
which will be applicable to any Group Home I approved through the special use process;
and
WHEREAS, during the Planning Board's review of the adopted ordinance it was
recommended by several members that the same regulations should be made applicable to
the Group Home II type, which are similar facilities but are serving clients not requiring a
State license; and
WHEREAS, the change to the Group Home II category would require the
preparation of a separate amendment ordinance; and
WHEREAS, the Planning and Zoning Department prepared an amendment to the
Land Development Code which amends Section 20- 3.3(D) "Permitted Use Schedule" by
modifying the use category of "Group Homes II" from the "P' Permitted Use to "S"
Special Use in all zoning districts as set forth in attached Exhibit "A ", and to also modify
Section 20- 3.4(B)(15) "Group Home I" in order to make the existing special pre -set
requirements for the Group Home I category applicable to the Group Home II category;
and
WHEREAS, the Planning Board at its September 23, 2010 meeting after public
hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed
amendments be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule"
is hereby amended to show that the use category of "Group Homes II" is changed from "P'
Permitted Use to "S" Special Use in all zoning districts as set forth in the attached Exhibit
"A"
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Section 2. Land Development Code Section 20- 3.4(B)(15) entitled "Special Use
Conditions" is hereby amended to read as follows:
Section 20 -3.4 Special Use Conditions
(B) Special requirements
(15) GROUP HOME I and GROUP HOME II
(a) There is required a minimum of two (2) parking spaces, but no more than
two (2) unenclosed parking spaces.
(b) A business tax receipt shall be required.
(c) Supervisory staff shall be on- premise 24 hours per day, 365 days per year.
(d) Emergency telephone numbers shall be provided to the Police department
and be kept current at all times.
(e) The address number must be placed on the house in a way to be clearly
visible from the street.
(wording removed is lined eud; new wording shown in bold/underlined)
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
lst Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 2010
X: \Comm Items\2010 \11- 16- 10 \LDC Amend Group Home II Ord.doc
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
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e ATTACHMENT "A" South Miami
.N, 3
CITY OF SOUTH MIAMI
• JryfAFPOAATEG
W927 � • OFFICE OF THE CITY MANAGER
O INTER- OFFICE MEMORANDUM zoai
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: hector Mirabile, Ph.D., City Managercj rs
From: Thomas J. Vageline, Director /
Planning.and Zoning Department
Date: September 21, 2010 ITEM
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend
Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use Schedule" in order to
change the Group home I use category from a "P" Permitted Use category to the "S" Special Use
category; and amending Section 20 -3.4 entitled "Special use conditions" in order to set forth
general and special requirements applicable to Group home I uses; providing for severability;
providing for ordinances in conflict; and providing an effective date
BACKGROUND
The City Commission at its September 2, 2008 meeting adopted Ordinance No. 34 -08 -1969 which
inserted into the Land Development Code (LDC) a number of definitions in order to respond to issues
related to group homes, community residential homes, boarding house and family. This ordinance
prepared by the City Attorney provided that licensed group homes would be allowed in all residential
zones as a "P" permitted use but unlicensed homes would become "S" uses requiring special approval in
all residential districts and "P", permitted use in TODD MU-4, TODD MU-5 and TODD LI4 districts. A
copy of that ordinance is attached.
In recent months several licensed group homes which are allowed as a "P" Permitted Use have located in
a residential single - family zone. The group homes obtained both State and City licenses, which require
the home to meet certain size and distance separation requirements set forth in the definition section of the
LDC.
LEGAL ISSUES
There was concern expressed at a City Commission meeting that the City should exercise some
discretionary control on the impact of Group Homes on .a neighborhood. The City Attorney, Laurence
Feingold, in an e -mail to the Planning and Zoning Department dated March 18, 2010, stated that it would
be difficult to limit the location of Group Homes without violating Federal Law (attached).
There are several legal principles that state that cities have the right to exercise limited regulatory control
of group homes if there are legitimate government interests related to health, safety, and community
welfare. The use of the conditional use approval process or special use approval process (as in South
Miami) may pass constitutionality if the conditions adopted are not discriminatory. The current LDC
allows licensed Group Homes I as a "P" permitted use in all residential zones. If the Permitted Use
Schedule was amended to require that all group homes are "S" Special Uses, then all future group home
proposals would have to meet the current standards but would also be subject to public hearings and City
Commission approval. Placing conditions on group homes, either those pre-set in the LDC or added
during a public hearing, would have to be carefully constructed so as to avoid discrimination.
PROPOSER LAC AMENDMENTS
The following two LDC Amendments will accomplish what the City Commission is requesting. These
amendments are contained in the attached draft ordinance.
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). The attached revision to the Permitted Use
Schedule modifies the.use category of "Group Homes I" from a "P", Permitted Use to an "S ", Special
Use.
(2) In addition, LDC Section 20- 3.4(B)(I5) would be amended. This section is a list of special pre -set
requirements applicable to designated special uses. This section would be atuended to include
requirements for Group Home I as follows:
Group Home I
(a) There is required a minimum of two (2) parking spaces but no more than two (2)
(b) An occupational license (_business tax receipt snau oe rcuuuou.
(c) Supervisory staff shall be on premise 24 hours per day. 365 days per Year.
(d) Emergego telephone numbers shall be provided to the Police department and be kept
current at all times.
(e) The address number must be placed on the house in a way to be clearly visible from the
street.
(f) There shall be no sienaue on the property.
The above conditions would be mandatory and additional conditions could be added by the Planning
Board or City Commission during the special use public hearing(s).
PLANNING BOARD ACTION:
The Planning Board at its July 13, 2010 meeting adopted a motion by a vote of 4 ayes 2 nays (Mr.
Morton, Ms. Young) recommending approval of the proposed amendment.
RECOMMENDATION
It is recommended that the amendments as set forth in the attached draft ordinance be approved.
Backup Documentation:
Draft Ordinance
LDC Amendment Document Permitted Use Schedule
Ordinance Na 34 -08 -1969,
City Attorney e -mail 3- 18 -10,
Planning and Zoning Dept, Staff Report 7 -13 -10
Planning Board Minutes Excerpt 7 -13 -10
TJV /SAY
x. \Comm 1tems\2010\8- 17- 10\LDC Amend Group Homes CM Report.doc
ATTACHMENT "B"
ORDINANCE NO. 27-10-205Z
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
to amend Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use
Schedule" in order to change the Group Home I use category from a 11P11 Permitted
Use category to the "S" Special Use category; and amending Section 20 -3.4 entitled
"Special use conditions" in order to set forth general and special requirements
applicable to Group Home I uses; providing for severability; providing for ordinances
in conflict; and providing an effective date.
WHEREAS, the City Commission
Ordinance No. 34 -08 -1969 which inserted
number of definitions in order to respond t
residential homes, boarding house and famil}
at its September 2, 2008 meeting adopted
into the Land Development Code (LDC) a
issues related to group homes, community
and
WHEREAS, in recent months several licensed group homes classified as Group
Home I have been allowed. as a "P" Permitted Use to locate in a residential single - family
zone; and
WHEREAS, concerns have been expressed at recent City Commission meetings
that the City should exercise some discretionary control on the impact of a Group Home 1
on a neighborhood; and
WHEREAS, there are several legal principles that allow cities to exercise limited
regulatory control of group homes if there are legitimate government interests related to
health, safety, and community welfare; and
WHEREAS, the use of the special use approval process may pass constitutionality
if the conditions adopted are not discriminatory; and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" which
would modify the Permitted Use Schedule by changing "Group Homes I" from a
Permitted Use to an "S ", Special Use; and
WHEREAS the Planning and ,Zoning Department has prepared an amendment to
Land Development Code Section 20 -3.4 (B) "Special requirements" in order to set forth a
list of special pre -set requirements applicable to a Group Home 1; and
WHEREAS, the Planning Board at its July 13, 2010 meeting conducted a public
hearing and adopted a motion by a vote of 4 ayes 2 nays recommending approval of the
proposed amendment; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid. amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Ord. No. 27 -10 -2052
Section 1. That Section 20- 3.3(D). entitled "Permitted Use Schedule" of the Land
Development Code is hereby amended as set forth on the attached page.
Section 2. That Section 20-3.4(B). entitled "Special Requirements" of the Land
Development Code is hereby amended to read as follows:
20 -3.4 Special use conditions.
03) Special Requirements.
(15) Group Home _I
(a) There is required a minimum of two (2) parking spaces, but no more
than two (2) unenclosed parking spaces.
(b) An occupational license (business tax receipt) shall be required.
(c) Supervisors staff shall be on- premise 24 hours per day. 365 days per
year..
(d) Emergency telephone numbers shall be provided to the Police
department and be kept current at all times.
(e) The address number must be placed on the house in a way to be clearly
visible from the street.
(f) There shall be no signage on the property.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 21" day of September, 2010
ATTEST:
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To: Honorable Chair and
Planning Board Members
From: Thomas I Vageline, Director
Planning and Zoning Department
Date: September 23, 2010
Re: LDC Amendment
Group Home II Use Category
PB -10 -030
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend
Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use Schedule" in order to
change the Group Home II use category from a "P" Permitted Use category to the "S" Special Use
category for zoning use districts; and amending Section 20- 3.4(B)(15) entitled "Special use
conditions" in order to include Group Home II as subject to the same special requirements
currently applicable to Group Home I uses; providing for severability; providing for ordinances in
conflict; and providing an effective date.
BACKGROUND
The City Commission at its September 7, 2010 meeting approved on first reading an ordinance which will
revise the use category assignment for Group Home I from "P ", permitted Use to "S ", Special Use
(approval on second reading expected on 9- 21 -10). The ordinance also sets forth a series of pre- conditions
which will applicably to any Group Home I approved through the special use process. Attached is a copy
of the City Manager's report on the subject.
The Planning Board recommended approval of the ordinance at its July 13, 2010 meeting, after a public
hearing. During that hearing it was recommended by several members that the same regulations be made
applicable to Group Home II type, which are similar facilities but are serving clients not requiring a State
license. The Board was advised that the ordinance under consideration at that time did not refer to Group
Home II and the public ads did not refer to Group Horne 1I category. Staff recommended that a follow -up
ordinance be brought back to the Board at a later meeting.
PROPOSED LDC AMENDMENTS
The following two LDC Amendments will result in both Group Home I and Group Home II being subject
to the same requirements%
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). The attached revision to the Permitted Use
Schedule modifies the use category of "Group Homes II" to show that a Group Home II will be an "S:"
Special Use in all zoning districts including the three TODD sub - districts.
(2) LDC Section 20- 3.4(B)(15) would be amended. This section is a list of special pre -set requirements
applicable to designated special uses. This section would be amended to include Group Home II as
subject to the same pre -set conditions as Group Home I.
Section 20 -3.4
(B) Special requirements
GROUP HOME I and GROUP HOME II
(a) There is required a minimum of two (2) parking spaces, but no more than two (2)
unenclosed parking spaces.
(b) business tax receipt4 shall be required.
(c) Supervisory staff shall be on- premise 24 hours per day, 365 days per year.
(d) Emergency telephone numbers shall be provided to the Police department and be kept
current at all times.
(e) The address number must be placed on the house in a way to be clearly visible from the
street.
(f) There shall be no signage on the property.
The above conditions would be mandatory and additional conditions could be added by the Planning
Board or City Commission during a special use public hearing.
RECOMMENDATION
It is recommended that the amendments as set forth above and in the attached draft be approved.
Backup Documentation:
LDC Amendment Document- Permitted Use Schedule
City Manage Cover report 9 -21 -10
Public Notices
TJV /SAY
X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \9- 23- 10 \PB -10 -030 LDC Amend Group Homes II.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Meeting Minutes
Thursday, September 23, 2010
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 7:56 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mrs. Yates, Mr. Cruz, Mrs. Young, Mr.
Whitman and Mrs. Beckman. Board members absent: Mr. Farfan and Mr. Morton.
City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera -
Hernandez (Principal Planner).
City Attorney: Mr. Mark Goldstein
PB -10 -030
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to
amend Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use
Schedule" in order to change the Group Home II use category from a "P" Permitted Use
category to the "S" Special Use category for zoning use districts; and amending Section 20-
3.4(B)(15) entitled "Special use conditions" in order to include Group Home II as subject to
the same special requirements currently applicable to Group Home I uses; providing for
severability; providing for ordinances in conflict; and providing an effective date.
Action: Mrs. Yates read the item into the record.
Mr. Vageline informed the Board that this item is a follow -up to the recently approved Group
Planning Board Meeting
September 23, 2010
Page 2 of 2
Horne I requirements. When the Planning Board changed Group Home I from being a Permitted
Use to a Special Use the need to change Group Home II was identified. The City Commission
has approved the Group Home I changes added them to the LDC. The same conditions that were
adopted for Group I are proposed for Group II.
The Chair opened the public hearing.
No speakers on the item.
The Chair closed the public hearing.
Mrs. Beckman questioned if the City Commission on September 21, 2010 approved Group
Home I. Mr. Vageline responded yes.
Motion: Mrs. Young moved to approve the application. Mr. Cruz seconded.
Vote: S Ayes 0 Nays
TJV /SAY
X: \Comm Items\2010 \11- 16- 10\PB.Minutes.9.23.2010 Excerpt Group Ldoe
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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, 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 - NOTICE OF PUBLIC HEARING
DECEMBER 7, 2010
in the XXXX Court,
was published in said newspaper in the issues of
11/19/2010
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 thisadrertjsement publication in the said
subscribed before me this
19
(SEAL)
MARIA MESA personally known to me
Namly public State of Florida
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CITY OF SOUTH MIAMI.
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South
Miami; Florida will conduct Public Hearings at 0s regular City Commission meeting
scheduled for Tuesday, December 7, 2010 beginning at 7:30 p.m. in the City
Commission Chambers, 6130 SunseLOdar to wnsiderthe following Harris):;
.An Ordinance amending Chapter 2.Article, I, Section 2 -2.1 (G) (5) of the
Code of Ordinances to require motionafocreconsideration to be made
only during the same meeting at which the item, is considered "
An Ordinance amending the Land Development Code Section 20 -T51
entitled "Special exceptions" in order to revise the warding in Section,
20- 7.51(Dy to replace the word 'development" with the word "new
construction" for the purpose of clarifying when the lime limitation
begins for development orbitals which have been granted a special .
_ exception in the Hometown Overlay Zone (HD -OV), ,
An Ordinance amending the Land Development Code Section 203.3(D)
entitled "Permitted Use Schedule" in order to permit a community
garden as a "S" Special Use In the ail TODD(Lt-4) ".Transit Orielned
Development District Eldght-Induse", zoning use disMet;:and
amending, Section 20 -2.3 entitled "Definitions" to provide a definition.,
of a community garden. I ,
An Ordinance to amend Section 20.3.3 (D) of the Land Development
Code entitled " Permited Use Schedule ". In order to change the Group
Home I) use category from a ?P' Permitted Use category to the "S"
.Special Use category for zoning use districts; and amending Section
20- 3:4(8)(15) entitled 'Special use conditions" In orderto Include Group
Home II assubjecttothe samespeciai mquirementscurrently applicable
to Group Home I uses.
V An Ordinance to_ amend Section 20 -4.4 (D) of the Land Development
Code entitled "Required Handicapped Spaces" in order to revise current ,.
wording to Indicate that all required handicapped parking spaces are
regulated by the Florida Building Code.
For further information, please contact the City Clerk's Office at (305) 663.6340.
ALL Interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuanl to Florida Stat*S 286.0105, me City hereby aMises the pblle that If a parson
decides toothed enydaceive reserve Via eoonfigencypr Commr%ce with mpectleany
malts, considered at its meeting or hearing, he or she viii mad a mead of the proceedings,