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HomeMy WebLinkAboutCC 1997-05-07 City Clerk's Report0 CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 7, 1997 AG 3 Direction to the Administration: by Mayor Carollo to justify why the recommendation to close the South Police Substation was made; also to show the actual savings that the City would realize in order that the Commission can make up its mind later today regarding said issue, AG 3 Direction to the City Manager: by Commissioner Hernandez to instruct the Police Chief to differentiate why the North Police Substation was recommended to stay open while the South Police Substation was recommended to close down. AG 3 Direction to the Administration: by Commissioner Gort to address the issues of reduction in crime, along with a cost justification as to Police presence in NET Offices versus the cost of maintaining Police substations, AG 3 Direction to City Manager: to instruct Miami Police Chief to go to the Townhall Meeting (Miami Senior High) on this same date, and explain the rationale for having substations in both communities (Little Havana and Model City, respectively); further requesting of the Chief through the Manager to prepare a breakdown of crime statistics around the South Substation area to compare against other areas within Little Havana, PAGE NO, 1 CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 7, 1997 AG 5 A RESOLUTION APPROVING A $450 MONTHLY CREDIT RETROACTIVE TO MARCH, 1996, FOR TONY MOLINA, INC. FOR TONY MOLINA, INC.'S PROVISION OF JANITORIAL SERVICES FOR THE PUBLIC RESTROOMS AT THE MIAMI SPRINGS GOLF COURSE CLUBHOUSE; SAID CREDIT TO BE APPLIED AGAINST THE MONTHLY RENT FOR THE RESPECTIVE MONTH IN WHICH THE SERVICES ARE PROVIDED; FURTHER APPROVING A PAYMENT PLAN FOR MONIES DUE TO THE CITY SUBJECT TO TONY MOLINA, INC. CONTINUING TO PAY MONTHLY RENT WHICH BECOMES DUE PURSUANT TO THE TERMS AND CONDITIONS OF THE LEASE AND REVOCABLE PERMIT FOR USE OF THE PREMISES AND A PERSONAL GUARANTEE FROM TONY MOLINA, INDIVIDUAL, GUARANTEEING THE MONIES OWED TO THE CITY. 1) A rent credit in the amount of $450 per month for cleaning of the Miami Springs Clubhouse restrooms retroactive to March, 1996; 2) Approval of a payment plan concerning Mr. Molina's back rent and taxes totaling $14,239.76 minus the above cited monthly credit which leaves a balance of $8,839,76 -- said payment plan to include a payment to the City of $1,500 per month with the first payment due on June 1, 1997 and an equal payment of $1,500 on the first day of each month thereafter until all amounts due are paid in full; 3) That Mr. Molina shall provide a personal guarantee for the monies due and continue payment monthly the greater of the minimum annual payment of $20,000 as prorated monthly or 12% of gross revenues for the restaurant area, plus 12% of gross receipts for the banquet facilities, as required by his lease agreement and revocable permit for use of the premises. PAGE NO. 2 R 97-306 MOVED: PLUMMER SECONDED:GORT UNANIMOUS w CITY OF MIAMI CITY CLERIC'S REPORT MEETING DATE: May 7, 1997 AG A RESOLUTION RELATED TO THE MIAMI BAHAMAS 6-A GOOMBAY FESTIVAL TO BE CONDUCTED JUNE 6-8, 1997, ON GRAND AVENUE FROM MCDONALD STREET TO DOUGLAS ROAD IN COCONUT GROVE, BY THE MIAMI/BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC.; AUTHORIZING A PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN THE AREA DURING THE EVENT, SUBJECT TO THE ISSUANCE OF PERMITS REQUIRED BY LAW; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS: 1) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; 2) OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; 3) KEEPING MCDONALD STREET OPEN DURING THE EVENT; AND 4) REPAYING THE OUTSTANDING LOAN AMOUNT OWED TO THE CITY OF MIAMI. AG 8 Direction to the Administration: by Mayor Carollo to include the same income guidelines used for the City's Summer Youth Employment and Training Program in the City's scholarship programs. AG 8 Direction to the Administration: by Vice Mayor Regalado to provide to the Commission by the next Commission meeting, presently scheduled for May 22, 1997 an outline listing names and addresses of the 381 youth eligible for the City's Summer Youth Employment and Training Program. AG 8 Direction to the Administration: by Commissioner Gort stipulating that families affected by social services that have been taken away from them should also be considered for the Summer Youth Employment and Training Program. AG 16 Direction to the City Attorney: by Commissioner Plummer to research the possible liability by the City in the cases where police do not respond to a burglar alarm which alarm user has a history of false alarms. AG Direction to the Administration: by Mayor Carollo to review City 17-A practices in connection with funds for development of affordable housing and come back with a recommendation. AG Direction to the Administration: by Commissioner Plummer to 17-A ensure that ten percent of developers who receive City funds hire employees who are local residents of the City of Miami. PAGE NO. 3 R 97-30 7 MOVED: PLUMMER SECONDED: HERNANDEZ ABSENT: CAROLLO CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 7, 1997 AG 12 A MOTION AMENDING CITY OF MIAMI CABLE TELEVISION LICENSE ORDINANCE NO. 9332, BY EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND MIAMI TELECOMMUNICATIONS, INC. ON A MONTH TO MONTH BASIS; FURTHER INSTRUCTING THE CITY MANAGER TO DRAFT A REQUEST FOR PROPOSALS TO SEEK OTHER CABLE SERVICE PROVIDERS. AG 29 Direction to the Administration: by Commissioner Plummer to research three cities in the United States in connection with their practices related to the annual rental of vehicles for their respective Police Departments to review and come back before the Commission with a recommendation. N/A Note for the Record: Vice Mayor Regalado encouraged Executive Director of Greater Miami Convention and Visitors Bureau, Mr. Merrett Stierheim, to try to bring the Pan American Games to Miami. N/A Note for the Record: Commissioner Hernandez stated his wish to review request for payment plan in connection with an outstanding loan of $394,000, of which an amount of $33,000 is in arrears by the Martin Luther King Economic Development Corporation; further requesting the administration to bring said matter back in the afternoon. CA-2 A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM CA-2 (PROPOSED BIDS OF TRI-STATE EMPLOYMENT SERVICES; BUDGET QUALITY STAFFING; MANPOWER INTERNATIONAL INC.; ADSTAFF PERSONNEL; WESTERN STAFF SERVICES, INC.; DEANNA ENTERPRISES, INC., DBA A1A EMPLOYMENT OF MIAMI; AND K. MITCHELL AND ASSOCIATES FOR PROVISION OF TEMPORARY PERSONNEL SERVICES). (Note for the Record: Said item passed immediately thereafter as R 97-324.) PAGE NO, 4 M 97-310 MOVED: PLUMMER SECONDED:HERNANDEZ UNANIMOUS M 97-323 MOVED: PLUMMER SECONDED: REGALADO ABSENT: HERNANDEZ, GORT AG 34 A MOTION APPOINTING VICE MAYOR TOMAS REGALADO M 97-325 AS CHAIRPERSON OF THE COCONUT GROVE STANDING MOVED: PLUMMER FESTIVAL COMMITTEE. SECONDED: GORT UNANIMOUS CITY OF MIAMMI CITY CLERIC'S REPORT MEETING DATE: May 7, 1997 AG 34 A RESOLUTION APPOINTING CERTAIN MEMBERS OF THE MIAMI CITY COMMISSION TO SERVE AS CHAIRPERSONS AND MEMBERS ON VARIOUS CITY TRUSTS, AUTHORITIES AND AGENCIES. (Note for the Record: Reappointed were: • Mayor Caro to as Chairperson of the Miami Sports and Exhibition Authority; • Mayor Carollo as a member of the Maritime Park Board; • Commissioner Plummer as Chairperson of the Bayfront Park Management Trust; • Commissioner Plummer as Chairperson of the International Trade Board; • Commissioner Plummer as Chairperson of the Tax -Exempt Property Steering Committee; • Commissioner Plummer as a member of the Maritime Park Board; • Commissioner Plummer as a member of the South Florida Employment and Training Consortium; • Commissioner Gort as Chairperson of the Downtown Development Authority; • Commissioner Gort as Chairperson of The Unity Council of Miami (TUCOM); • Commissioner Hernandez as a member of Metro Dade Community Action Board; • Commissioner Hernandez as a member of the Jobs and Education Partnership Regional Board. AG 34 A MOTION REAPPOINTING HUMBERTO HERNANDEZ AS CHAIRPERSON OF THE SOUTHEAST OVERTOWN PARK/WEST DISTRICT AND THE OMNI DISTRICT COMMUNITY REDEVELOPMENT AGENCY. (Note: Since Florida Statutes states the Community Redevelopment Agency (CRA) Board shall appoint a chairperson, the formal reappointment will be prepared as a CRA resolution.) AG 33 A MOTION GRANTING REQUEST RECEIVED FROM DEVELOPER OF THE KNIGHT MANOR PROJECT (NORTHWESTERN ESTATES HOUSING PROJECT), LOCATED AT AREA BOUNDED BY 67 STREET / 69 STREET / 7 AVENUE AND 10 AVENUE, FOR THE CITY TO PROCEED WITH THE FINANCING IN ORDER TO COMPLETE SAID PROJECT, SUBJECT TO THE DEVELOPER'S COMMITMENT TO PAY THE EIGHT MONTHS RENTAL PRESENTLY IN ARREARS AND COMMITMENT TO HIRE A MINIMUM OF 60 PERCENT LOCAL MINORITIES FOR THIS PROJECT. PAGE NO. 5 R 97-326 MOVED: PLUMMER SECONDED: REGALADO UNANIMOUS M 97-326 MOVED: PLUMMER SECONDED:REGALADO UNANIMOUS M 97-327 MOVED: PLUMMER SECONDED:HERNANDEZ UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 7, 1997 AG 33 Direction to the Administration: by Commissioner Plummer to monitor commitment by Northwestern Estates Housing Project to have 60 percent local minority hiring for said project. N/A A RESOLUTION AUTHORIZING THE CITY MANAGER TO (1) EXECUTE A SUBORDINATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE APPROVED LENDER IN THE FINANCING OF A NEW LOAN TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC. ("MLK") FOR THE PURPOSE OF SATISFYING THE FIRST MORTGAGE SECURED BY THE LINCOLN SQUARE OFFICE BUILDING, IN WHICH THE CITY HOLDS A FOURTH MORTGAGE AND IS A DEFENDANT ALONG WITH MLK, IN FORECLOSURE PROCEEDINGS BY THE FIRST MORTGAGEE, TACOLCY ECONOMIC DEVELOPMENT CORPORATION; (2) ACCEPT A $15,000.00 PAYMENT FROM MLK ON THE CURRENT $33,000.00 IN ARREARS ON THE CITY LOAN; (3) MODIFY THE EXISTING LOAN IN ORDER FOR MLK TO DEFER PAYMENT OF THE BALANCE IN ARREARS OF $18,000.00 AT MATURITY OF THE LOAN IN FEBRUARY, 2010; AND (4) TO EXECUTE SUCH DOCUMENTS WITH MLK AS MAY BE REASONABLY REQUIRED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE THE MODIFICATION OF THE LOAN AND SECURE PAYMENT THEREOF. N/A A MOTION SETTING THE DATE OF SEPTEMBER 4, 1997 AS THE DATE TO HOLD A SPECIAL ELECTION IN CONNECTION WITH SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL, THE QUESTION OF WHETHER THE CITY SHALL RETAIN ITS EXISTENCE AS A MUNICIPALITY AND NOT BE ABOLISHED, EFFECTIVE SEPTEMBER 30, 1998. PAGE NO. 6 R 97-328 MOVED: HERNANDEZ SECONDED: PLUMMER UNANIMOUS R 97-329 MOVED: PLUMMER SECONDED: HERNANDEZ UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 7, 1997 N/A A RESOLUTION, WITH ATTACHMENTS, CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON SEPTEMBER 4, 1997, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL, THE QUESTION OF WHETHER THE CITY OF MIAMI SHALL RETAIN ITS EXISTENCE AS A MUNICIPALITY AND NOT BE ABOLISHED, EFFECTIVE 30, 1998, IN ACCORDANCE WITH RESOLUTION NO. 97-330 WHICH REQUIRES A PROPOSAL FOR THE TRANSFER OF MUNICIPAL FUNCTIONS, SERVICES, RESPONSIBILITIES AND LIABILITIES IN THE EVENT OF A FAVORABLE VOTE ON DISSOLUTION BY THE ELECTORATE; PROVIDING FOR PUBLIC REVIEW OF SAID PROPOSAL NOT LESS THAN THIRTY (30) DAYS PRIOR TO SUCH SPECIAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. N/A Direction to the Administration: by Commissioner Plummer to have the City Manager provide a proposal in connection with dissolution to the Commission by the month of July. N/A Direction to the Administration: by Mayor Carollo to research and review the issue of contamination liability on the FEC property; further requesting the City Attorney to discuss said issue with the County Attorney to include in said review whether responsibility for contamination liability falls on the FEC; further requesting the City Attorney to explain whether any preexisting contract prohibits the FEC from paying for cleanup. PAGE NO, 7 R 97-330 MOVED: PLUMMER SECONDED:HERNANDEZ UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 7, 1997 N/A A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND THE CITY MANAGER TO BRING BACK AT THE NEXT CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 22, 1997 A PROPOSAL TO ESTABLISH AND CREATE A CITY OF MIAMI MARITIME BOARD TO CONTROL, HEAR ALL DEVELOPMENT PROJECTS AND MAKE RECOMMENDATIONS TO THE COMMISSION REGARDING ANY DEVELOPMENT ON CITY OWNED WATERFRONT PROPERTY.; FURTHER STATING THAT THE COMPOSITION OF SAID BOARD SHALL BE COMPRISED OF FIVE MEMBERS, EACH MEMBER OF THE COMMISSION SHALL APPOINT ONE MEMBER TO SAID BOARD. N/A A MOTION INSTRUCTING THE CITY MANAGER AND THE CITY ATTORNEY TO STUDY THE PROPOSAL PROFFERED BY METROPOLITAN DADE COUNTY IN CONNECTION WITH ITS OFFER TO BUY THE MARITIME PARK PROPERTY FROM THE CITY; FURTHER INSTRUCTING THE MANAGER TO COME BACK TO THE COMMISSION WITH A RECOMMENDATION REGARDING SAME. N/A A MOTION REFERRING PROPOSAL PRESENTED BY JOSE BARREDO IN CONNECTION WITH A "SPANISH RODEO AND FIESTA" TO TAKE PLACE IN THE ORANGE BOWL STADIUM NEXT YEAR TO THE CITY MANAGER AND CITY ATTORNEY FOR FURTHER CONSIDERATION AND REVIEW; FURTHER DIRECTING THE MANAGER TO BRING SAID ISSUE BACK AT A LATER DATE WITH A RECOMMENDATION. PAGE NO. 8 M 97-331 MOVED: PLUMMER SECONDED: REGALADO UNANIMOUS M 97-332 MOVED: PLUMMER SECONDED: GORT UNANIMOUS M 97-333 MOVED: REGALADO SECONDED:HERNANDEZ ABSENT: GORT AG A MOTION CONTINUING CONSIDERATION OF ALL M 97-334 37-A AGENDA ITEMS IN CONNECTION WITH BOARDS AND MOVED: PLUMMER COMMITTEES APPOINTMENTS, NAMELY AGENDA ITEMS SECONDED: HERNANDEZ 37.1 THROUGH 37.24 TO THE NEXT COMMISSION ABSENT: GORT MEETING. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 7, 1997 N/A A RESOLUTION AUTHORIZING THE USE OF ROBERTO CLEMENTE PARK ON JUNE 8, 1997, BETWEEN 5:00 PM AND 10:00 PM, FOR THE PRESENTATION OF THE 1997 VIRAZON CAMPAIGN EVENT BY CO-SPONSORS EAGLE BRANDS, INC. / BUDWEISER AND THE RAFAEL HERNANDEZ ECONOMIC DEVELOPMENT CORPORATION, A NOT -FOR -PROFIT ORGANIZATION, CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR THE USE OF THE PARK PLUS ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. PAGE NO. 9 R 97-335 MOVED: HERNANDEZ SECONDED: PLUMMER UNANIMOUS AG 29 A MOTION TO RECONSIDER PRIOR ACTION ON AGENDA M 97-336 29 (ACCEPTANCE OF BID OF INTERAMERICAN CAR MOVED: HERNANDEZ RENTAL, INC. FOR THE FURNISHING OF RENTAL SECONDED: PLUMMER VEHICLES FOR ONE YEAR). NAYS: CAROLLO ABSENT: GORT AG 29 A RESOLUTION REJECTING ALL BIDS RECEIVED BY THE CITY IN CONNECTION WITH THE FURNISHING OF RENTAL VEHICLES FOR THE DEPARTMENT OF POLICE, BID NO. 96-97-084R; FURTHER DIRECTING THE CITY MANAGER TO SEEK NEW BIDS BASED ON SUCH SPECIFICATIONS AS HE DEEMS APPROPRIATE FOR THE FURNISHING OF SAID VEHICLES, AND TO PRESENT QUALIFIED PROPOSER(S) TO THE CITY COMMISSION FOR APPROVAL. AG 29 A RESOLUTION AUTHORIZING THE EXTENSION OF A CONTRACT WITH ROYAL -RENT -A -CAR, FOR THE FURNISHING OF RENTAL VEHICLES FOR A PERIOD OF TWO MONTHS, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $95,000, FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT NO. 690002.029032.4.679, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH ROYAL -RENT -A - CAR, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE THIS EXTENSION OF THE TERM THEREOF. R 97-337 MOVED: HERNANDEZ SECONDED: PLUMMER NOES: CAROLLO ABSENT: GORT R 97-337.1 MOVED:HERNANDEZ SECONDED: PLUMMER NOES: CAROLLO ABSENT: GORT CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 7, 1997 N/A Direction to the Administration: furnish the Commission with a rental of Police vehicles prior t 22nd agenda. o by Vice Mayor Regalado to list of actual bidders for the the distribution of the May PAGE NO. 10 N/A A RESOLUTION (subject matter: granting the subordination R 97-338 request by Ideal Rehab, Inc. and Liberty City Improvement MOVED: HERNANDEZ Corporation as more fully outlined in the memorandum of May, SECONDED: PLUMMER 1997 to the City Commission which was entered into the public ABSENT: CAROLLO, record on this same date.) GORT N/A Note for the Record: Vice Mayor Regalado requested of Ideal Inc. and Liberty City Improvement Corporation to guarantee to the City that Metropolitan Dade County's Water and Sewer Department's (WASA) bill for water services will be paid. N/A A MOTION SCHEDULING ON THE NEXT COMMISSION MEETING OF MAY 22, 1997 AT 2 P.M. CONSIDERATION OF TOWING AND TOWING RELATED ISSUES; FURTHER INSTRUCTING THE ADMINISTRATION TO NOTIFY ALL AFFECTED WRECKER COMPANIES TO BE PRESENT IN ORDER THAT THEY MAY PROVIDE INPUT REGARDING SAID MATTER; FURTHER INSTRUCTING THE MANAGER TO DIRECT THE DEPARTMENT OF OFF-STREET PARKING AND THE POLICE DEPARTMENT TO ALSO BE PRESENT. N/A Direction to the Administration: by Commissioner Plummer to provide him with a response within 48 hours concerning a letter written by Ms. Mary Helen McIntire addressing a zoning issue at 1786 N.W. 16 Street. M 97-339 MOVED: REGALADO SECONDED: PLUMMER ABSENT: CAROLLO, GORT CITY OF MIAMI CITY CLERIC'S REPORT MEETING DATE: May 7, 1997 PAGE NO. 11 N/A A MOTION AUTHORIZING THE CITY MANGER TO M 97-340 ALLOCATE AN AMOUNT NOT TO EXCEED $15,000 FOR MOVED: PLUMMER DEMOGRAPHIC SERVICES PERFORMED ON BEHALF OF SECONDED: HERNANDEZ THE BLUE RIBBON COMMITTEE FOR SINGLE MEMBER ABSENT: CAROLLO, GORT DISTRICTS, SAID FUNDS APPROVED BY R-97-192 WHICH PASSED ON MARCH 20, 1997. APPRO ED: G� NOTE: AS DULY NOTED ON THE HEREIN AGENDA AND CITY CLERK'S REPORT, WHICH CONSTITUTE A JOURNAL OF CITY COMMISSION PROCEEDINGS, THE "UNANIMOUS" NOTATION NEXT TO THE VOTE ON EACH AGENDA ITEM MEANS THAT ALL FIVE CITY COMMISSIONERS WERE PRESENT AND VOTED "AYE" ON SAID ROLL CALL VOTE. NEGATIVE VOTES, PHYSICAL ABSENCE OF A COMMISSIONER OR ABSTENTION FROM VOTING BY A COMMISSIONER, IF ANY, IS ALSO DULY REFLECTED IN SAID VOTE.