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HomeMy WebLinkAboutCC 1993-10-14 City Clerk's ReportCITY OF MIAMi CITY CLERK'S REPORT MEETING DATE: October 14, 1993 AG 2 A MOTION TO DEFER TO NEXT CITY COMMISSION MEETING CONSIDERATION OF AGENDA ITEM 2 (PROPOSED EMERGENCY ORDINANCE TO AMEND CODE CHAPTER 54 ("STREETS AND SIDEWALKS") TO CHANGE THE STREET EXCAVATION PERMIT FEE BY ESTABLISHING A FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATIONS .SYSTEMS, ETC.) FOR PURPOSES OF FURTHER STUDY AND REVIEW BY THE ADMINISTRATION. f AG 5 Note for the Record: R 93-636 confirmed the following appointments to the COCONUT GROVE PARKING ADVISORY COMMITTEE: ROBERT MASRIEH, RANDY HILL, and TOM MOORE (nominated by Mayor Suarez) DAVID CELL, TUCKER GIBBS, RICK HOLTON, and DENISE WALLACE (nominated by Coconut Grove Village Council) REV. RICHARD CURRY (nominated by the j Commission at large) { TED STAHL (nominated by the Off -Street Parking Department) AG 13 Note for the Record: In connection with passage of item 13 (R 93-638), the Commission stated that no monies are to be spent unless previously approved by the board and City Commission. PAGE NO. 1 M 93-635 MOVED: SECONDED: NOES: ABSENT: DE YURRE PLUMMER SUAREZ DAWKINS AG 13 A RESOLUTION AUTHORIZING EXPENDITURE OF R 93-639 $97,266 FROM THE AMOUNT OF $97,266 FROM THE MOVED: PLUMMER CAPITAL IMPROVEMENTS PROGRAM TO COVER THE SECONDED: DAWKINS COSTS OF CONSTRUCTION OF A SEMI PERMANENT UNANIMOUS FENCE AND GATING SYSTEM FOR THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK. NON- A RESOLUTION ACCEPTING THE BID OF GLOCK, INC. R 93-646 AG FOR THE FURNISHING OF 1,300 GLOCK GUNS IN A MOVED: PLUMMER PROPOSED AMOUNT OF $435,500.00 LESS TRADE-IN SECONDED: DE YURRE ALLOWANCE OF $410,500.00, FOR A TOTAL UNANIMOUS PROPOSED AMOUNT OF $25,000.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNTS CODE NO. 290201-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. CITY OF MIAMi CITY CLERK'S REPORT MEETING DATE: October 14, 1993 AG 23 Note for the Record: R 93-648 confirmed the reappointment of DR. EDUARDO PADRON to the OFF-STREET PARKING BOARD. AG 25 Note for the Record: R 93-649 appointed the following individuals as members to the COMMISSION ON THE STATUS OF WOMEN: YVONNE MacDONALD and GAIL NEDELMAN-STONE .(nominated by Commissioner Plummer) MARIAN SMITH (nominated by Commissioner Alonso) SHALLEY A. JONES (nominated by Commissioner Dawkins) LEONOR LAGOMASINO and LAURA PEREZ (nominated by Mayor Suarez) Note: Pending still are three appointments to be made, in writing and submitted to the City Clerk. AG 26 Note for the Record: R 93-650 appointed JOSE ESTEVEZ to the URBAN DEVELOPMENT REVIEW BOARD. Mr. Estevez was nominated by Mayor Suarez. Note: Pending still is one appointment to be made by Commissioner Plummer. AG 24 A RESOLUTION APPOINTING LUIS SABINES TO THE PRIVATE INDUSSTRY COUNCIL (PIC) OF SOUTH FLORIDA TO SERVE A TERM EXPIRING JUNE 30, 1994. Note for the Record: Although previously withdrawn by the Administration, Agenda 24 was considered by the City Commission and R 93-651 was adopted appointing LUIS SABINES to the PRIVATE INDUSTRY COUNCIL. Mr. Sabines was nominated by Commissioner Plummer. AG 27 Note for the Record: R 93-652 confirmed the following individuals to the AFFIRMATIVE ACTION BOARD: ROBERT CUMMINGS (nominated by the Sanitation Employees Association) LAURASTINE PIERCE (renominated by Vice Mayor De Yurre) ► PAGE NO. 2 R 93-651 MOVED: SECONDED: UNANIMOUS PLUMMER DAWKINS CITY OF MIAMI CITY CLERIC'S REPORT MEETING DATE: October 14, 1993 AG 34 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE NORTHEAST TASK FORCE. Note for the Record: The following individuals were appointed: EILEEN BOTTARI and PAUL ARNOLD (representing the Biscayne West Neighborhood Association) MONIQUE TAYLOR and MORT KOPLO (representing the Haynsworth Village Property Owners .Association) NON- A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AG TO SERVE AS MEMBERS OF THE INTERNATIONAL TRADE BOARD FOR TERMS AS HEREIN DESIGNATED. Note for the Record: The following individuals were appointed: IGNACIO BUSTILLO and RALPH GARCIA TOLEDO, JR. (nominated by Mayor Suarez) ANGEL MEDINA (nominated by Vice Mayor De Yurre) PAGE NO. 3 R 93-653 MOVED: SECONDED: ABSENT: R 93-654 MOVED: SECONDED: ABSENT: DAWKINS DE YURRE ALONSO DE YURRE DAWKINS ALONSO NON- A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL R 93-655 AG TO SERVE AS A MEMBER OF THE CITY OF MIAMI MOVED: DE YURRE CODE ENFORCEMENT BOARD TO FILL AN UNEXPIRED SECONDED: PLUMMER VACANCY EXPIRING ON FEBRUARY 10, 1994. NOES: PLUMMER Note for the Record: ALFREDO HIDALGO-GATO ABSENT: ALONSO was nominated by Vice Mayor De Yurre. AG 29 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING & 30 THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THIRTEEN (13) i NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR THE PERIOD OF OCTOBER 1 THROUGH DECEMBER 31, 1993, FOR AMOUNTS AS SPECIFIED HEREIN, TO CONTINUE IMPLEMENTATION OF ECONOMIC DEVELOPMENT PROGRAMS, SUBJECT TO PROVISIONS CONTAINED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TWENTY- THREE (23) SOCIAL SERVICE AGENCIES, FOR THE PERIOD ENDING MARCH 31, 1994, FOR AMOUNTS AS SPECIFIED HEREIN, TO CONTINUE IMPLEMENTATION OF SOCIAL SERVICE PROJECTS, SUBJECT TO PROVISIONS CONTAINED HEREIN; ALLOCATING FUNDS THEREFOR FROM THE NINETEENTH (19TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR SAID PROGRAMS. R 93-656 MOVED: PLUMMER SECONDED: ALONSO UNANIMOUS CITY OF MIAMi ~4:' CITY CLERK'S REPORT MEETING DATE: October 14, 1993 AG 29 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ALTERNATIVE PROGRAMS, INC., THEREBY FUNDING SAID AGENCY IN AN AMOUNT SPECIFIED HEREIN FOR THE PERIOD ENDING JUNE 30, 1994, FOR THE PURPOSE OF IMPLEMENTING AND CONTINUING SOCIAL SERVICE PROJECTS; ALLOCATING FUNDS THEREFOR FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBJECT TO PROVISIONS CONTAINED HEREIN. AG 29 A RESOLUTION AUTHORIZING THE FUNDING OF ALTERNATIVE PROGRAMS, INC., AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $55,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUBJECT. TO SAID EXPENDITURES BEING CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE 932.7055. AG 30 A MOTION TO RECONSIDER THAT PORTION OF PREVIOUSLY ADOPTED R 93-656 WHICH HAD APPROVED SIX MONTHS' FUNDING OF THE SOCIAL SERVICE AGENCIES OUT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN ORDER TO RECONSIDER SAID ISSUE FOR POSSIBLE TOTAL FUNDING OF THEIR FY 93-94 BUDGET. AG 30 A RESOLUTION, WITH ATTACHMENT(S), AMENDING SECTION 2 OF RESOLUTION NO. 93-656, ADOPTED OCTOBER 14, 1993 RELATING TO THE FUNDING OF TWENTY-THREE (23) SOCIAL SERVICE AGENCIES FOR THE PERIOD ENDING MARCH 31, 1994, THEREBY EXTENDING SAID FUNDING TO THE .PERIOD ENDING JUNE 30, 1994; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO EXISTING AGREEMENTS WITH SAID AGENCIES FOR THE PURPOSE OF IMPLEMENTING AND CONTINUING SOCIAL SERVICE PROJECTS, SUBJECT TO THE PROVISIONS CONTAINED HEREIN; ALLOCATING FUNDS THEREFOR FROM THE NINETEENTH (19TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. PAGE NO. 4 R 93-656.1 MOVED: PLUMMER SECONDED: ALONSO UNANIMOUS R 93-657 MOVED: SECONDED: NOES: M 93-658 MOVED: SECONDED: NOES: R 93-659 MOVED: SECONDED: NOES: DE YURRE ALONSO PLUMMER & DAWKIN DAWKINS ALONSO PLUMMER ALONSO DAWKINS PLUMMER CITY OF MIAW ­ �'' CITY CLERK'S DEPORT MEETING DATE: October 14, 1993 AG 32 A MOTION DIRECTING THE ADMINISTRATION TO DO A PLANNING STUDY, IN-HOUSE, FOR THE VIRRICK GYM AND DINNER KEY WATERFRONT AREAS (PURSUANT TO U.S. DEPARTMENT OF INTERIOR GUIDELINES) TO HOLD ALL REQUIRED PUBLIC HEARINGS AND TO COME BACK WITH A RECOMMENDATION; SAID STUDY TO BE COMPLETED WITHIN 60 DAYS; FURTHER STIPULATING NO DEMOLITION OF STRUCTURES IN SAID AREA SHALL TAKE PLACE DURING THE TERM OF SAID PROCESS. AG 39 A RESOLUTION REAFFIRMING THE MIAMI CITY COMMISSION'S COMMITMENT TO AND SUPPORT OF THE CONSENT DECREE ENTERED IN 1977 BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF MIAMI IN THE FEDERAL COURT CASE OF UNITED STATES .OF AMERICA V. CITY OF MIAMI, ET AL., CASE NO. 75-3096-CIV-KEHOE, AND SIGNED SUBSEQUENT TO THAT TIME BY INTERVENING PARTIES. AG 40 A RESOLUTION AUTHORIZING THE AMERICAN AIRLINES MIAMI MILE ("EVENT"), CONDUCTED BY THE MIAMI MILE COMPANY, SAID EVENT TO BE HELD ANNUALLY EACH JANUARY ON THE WEEKEND PRIOR TO THE DATE OF THE NATIONAL FOOTBALL LEAGUE SUPER BOWL, BEGINNING IN 1994 AND CONTINUING THROUGH 1999; AUTHORIZING THE CLOSURE OF BISCAYNE BOULEVARD AND CERTAIN INTERSECTING ROADWAYS IN DOWNTOWN MIAMI, SAID CLOSURES FOR THE INTERSECTING ROADWAYS TO BE DETERMINED EACH YEAR PRIOR TO THE EVENT; PROHIBITING DURING THE MONTH OF JANUARY SIMILAR FOOTRACES OR MARATHONS IN THE DOWNTOWN MIAMI AREA, PARTICULARLY ON BISCAYNE BOULEVARD, SAID APPROVALS AND AUTHORIZATIONS SUBJECT TO THE ORGANIZERS (A) HOLDING THE CITY HARMLESS FROM ANY LIABILITY AND COVENANTING THAT THE CITY WILL NOT BE HELD LIABLE SHOULD THE AMERICAN AIRLINES MIAMI MILE REQUIRE RELOCATION, DUE TO ANY PROJECTS OR IMPROVEMENTS AFFECTING THE DOWNTOWN AREA; (B) OBTAINING ALL NECESSARY PERMITS AND INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CIWY MANAGER OR HIS DESIGNEE; AND (C) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT. PAGE NO. 5 M 93-660 MOVED: SECONDED: ABSENT: R 93-664 MOVED: SECONDED: UNANIMOUS R 93-665 MOVED: SECONDED: ABSENT: ALONSO PLUMMER DAWKINS PLUMMER DAWKINS PLUMMER DAWKINS DE YURRE CITY OF MIA CITY CLERK'S REPORT MEETING DATE: October 14, 1993 AG 41 A RESOLUTION WAIVING THE USE FEE,,FOR OFFICE SPACE AT THE MANUEL ARTIME CO ITY CENTER FOR THE CATHOLIC COMMU�SEPTEMBER, RVICES, INC., LITTLE HAVANA OUTREACH OFOR THE PERIOD OF OCTOBER, 1993 THNEEIED 1994, IN AN A MOUNT NOT TO $5,377.56; FURTHER, WAIVING THE FEE FOR THE CLOTHES DISTRIBUTION PACE AT THE MANUEL ARTIME COMMUNITY NTER FOR THE CATHOLIC COMMUNITY SERVIC , INC., FOR THE PERIOD OF JANUARY, 199 HROUGH SEPTEMBER, 1994, IN AN AMOUNT NO TO EXCEED $742.50. AG 42 A MOTION GRANTING REQUEST BY REPRESENTATIVES OF THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION; FURTHER DIRECTING THE CITY MANAGER TO ASSIST SAID GROUP IN DEVELOPING AN APPLICATION TO BE SUBMITTED TO THE FEDERAL GOVERNMENT FOR A SECTION 108 LOAN IN THE AMOUNT OF $1,986,500 IN ORDER TO DEVELOP THE TIKI PROJECT, AND TO COME BACK WITH A REFINED AND FINAL CONTRACT FOR THE COMMISSION'S FINAL CONSIDERATION AND APPROVAL. AG 31 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 31 (A SCHEDULED DIS SSION REGARDING WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION AND THE ,WYNWOOD FOREIGN TRADE ZONE); FURTHER DEFFRRING SAID ISSUE TO THE OCTOBER 21, 199 CITY COMMISSION MEETING; FURTHER STIPUL ING THAT IF THE CHAIRPERSON OF THE WYNWO COMMUNITY ECONOMIC DEVELOPMENT CORPORATIO CAN AGREE TO THE CITY COMMISS 'S TERMS, AS MORE FULLY OUTLINED DURIN TODAY'S DISCUSSION OF THIS ITEM, THEN THE ITY COMMISSION WILL SCHEDULE A SPECIAL TING TO RESOLVE THIS ISSUE. AMENDED 11/18/93 PAGE NO. 6 R 93-666 MOVED: SECONDED: ABSENT: M 93-667 MOVED: SECONDED: ABSENT: M 93-668 MOVED: SECONDED: UNANIMOUS ALONSO PLUMMER DE YURRE PLUMMER DAWKINS DE YURRE PLUMMER DAWKINS CITY OF MIAMI j 5� CITY CLERK'S REPORT MEETING DATE: October 14, 1993 PAGE NO. 7 PZ-1 A MOTION REFERRING BACK TO THE PLANNING, M 93-669 BUILDING AND ZONING DEPARTMENT A STUDY FOR MOVED: PLUMMER POSSIBLE REZONING OF THE SOUTHEAST CORNER OF SECONDED: ALONSO THE BLOCK GENERALLY BOUNDED BY CORAL WAY UNANIMOUS (S.W. 22 STREET), S.W. 25 AVENUE, S.W. 22 TERRACE AND S.W. 27 AVENUE (APPROXIMATELY 2500-2698 S.W. 22 STREET) AS R-1, RESIDENTIAL; FURTHER REQUESTING A .RECOMMENDATION FROM THE CITY ATTORNEY AS TO POSSIBLE LEGAL RAMIFICATIONS. PZ-3 A MOTION INSTRUCTING THE ADMINISTRATION TO M 93-670 BEGIN THE NORMAL PROCESS (PURSUANT TO SECTION MOVED: PLUMMER 54.17 OF THE CITY CODE) IN ORDER TO PROHIBIT SECONDED: ALONSO ACCESS TO (a) S.W. 22 TERRACE 100 FEET EAST UNANIMOUS OF S.W. 27 AVENUE AND (b) S.W. 25 AVENUE 100 FEET SOUTH OF CORAL WAY (S.W. 22 STREET). AG 43 A RESOLUTION AUTHORIZING THE PAYMENT OF $3,748.65 IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS INCURRED BY MIAMI POLICE OFFICER J.E. MENDEZ, IN THE CASE OF BAILEY V. MENDEZ, ET AL, U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 92-2831-CIV-HIGHSMITH, TO THE LAW FIRM OF KLAUSNER AND COHEN, P.A., TRUST ACCOUNT, ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. AG 43 A RESOLUTION AUTHORIZING THE PAYMENT OF $4,000 IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS INCURRED BY MIAMI POLICE OFFICER GEORGE RUSSELL, IN THE CASE OF MORELLO V. METROPOLITAN DADE COUNTY, ET AL. CIRCUIT COURT CASE NO. 92- 09200 (CA 15), TO THE LAW FIRM OF KLAUSNER AND COHEN, P.A., TRUST ACCOUNT, ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF- INSURANCE AND INSURANCE TRUST FUND. R 93-671 MOVED: SECONDED: ABSENT: R 93-672 MOVED: SECONDED: ABSENT: DAWKINS PLUMMER ALONSO PLUMMER DAWKINS ALONSO ,� CITY OF MIAmkF. \ CITY CLERK'S REPORT MEETING DATE: October 14, 1993 NON - AG A RESOLUTION AUTHORIZING THE TEMPORARY USE OF PARKING LOT #1 AT VIRGINIA KEY BEACH BY GILBERT SOUTHERN CORPORATION FOR ITS OFFICE TRAILER AND EMPLOYEE PARKING DURING THE CONSTRUCTION OF DADE COUNTY'S NEW SANITARY SEWER FORCE MAIN, FOR A PERIOD NOT TO EXCEED 200 DAYS, ON CONDITION THAT SAID FIRM PROVIDE LIABILITY INSURANCE TO THE CITY'S .SATISFACTION, COMPENSATION IN THE FORM OF IMPROVEMENTS TO SAID CITY -OWNED SITE IN THE ESTIMATED VALUE OF $20,000, AND THAT SAID FIRM WILL RETURN SAID FACILITY TO ITS ORIGINAL OR BETTER CONDITION AT THE CONCLUSION OF ITS USE, FURTHER SUBJECT TO SAID FIRMS COMPLIANCE WITH SUCH ADDITIONAL REQUIREMENTS AS MAY BE PRESCRIBED BY THE ADMINISTRATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY MANAGER, FOR THIS PURPOSE. NON- A RESOLUTION RELATED TO THE CHAMPIONS AG CHALLENGE SOCCER EVENT, SPONSORED BY SOCCER MARKETING AND PROMOTIONS, INC., TO BE HELD AT THE ORANGE BOWL ON DECEMBER 15, 1993, AND TO BE TELECAST LIVE BOTH NATIONALLY AND INTERNATIONALLY, PARTICULARLY IN GERMANY; ALLOCATING $12,500 IN SUPPORT OF THE MEDIA RECEPTION TO BE HELD IN THE DOWNTOWN AREA IN THE CITY OF MIAMI IN CONJUNCTION WITH SAID EVENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE EVENT SPONSOR FOR SAID EVENT, CONDITIONED UPON THE CITY MANAGER'S REVIEW AND APPROVAL OF THE SPONSOR'S PLANNED PROGRAM AND COMMITMENT TO TELEVISED INTERNATIONAL COVERAGE; SAID HEREIN AUTHORIZATION CONDITIONED UPON THE SPONSOR OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE AND THE ORGANIZERS PAYING FOR ALL COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; ALLOCATING FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET OF THE ORANGE BOWL. PAGE NO. 8 R 93-673 MOVED: SECONDED: ABSENT: R 93-674 MOVED: SECONDED: NOES: ABSENT: PLUMMER DAWKINS ALONSO PLUMMER DAWKINS SUAREZ ALONSO "" CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: October 14, 1993 NON- A RESOLUTION SCHEDULING THE CITY COMMISSION AG MEETING OF OCTOBER 21, 1993 TO COMMENCE AT 4:00 P.M. APPRO • o MlWT Y HIRAI, CITY CLERK PAGE NO. 9 R 93-675 MOVED: PLUMMER SECONDED: DAWKINS ABSENT: ALONSO 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. E