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Home My WebLink AboutR-88-0534tT-88-478 6/9/88 RESOLUTION NO. A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SECTION 23, ENTITLED "DEPARTMENT OF OFF-STREET PARKING; OFF-STREET PARKING BOARD.", OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, KNOWN AS CHARTER AMENDMENT NO. 2, THEREBY EXPANDING THE MEMBERSHIP OF THE "OFF-STREET PARKING BOARD OF THE CITY OF MIAMI" FROM FIVE TO ELEVEN MEMBERS, AND PROVIDING FOR THE DIRECT APPOINTMENT BY THE CITY COMMISSION OF THE ADDITIONAL SIX MEMBERS FOR TERMS OF FOUR YEARS AFTER INITIAL STAGGERED TERMS AS WELL AS THE DIRECT APPOINTMENT OF SUCCESSORS TO THE FIVE INCUMBENT BOARD MEMBERS FOR FOUR YEAR TERMS OF OFFICE; MORE PARTICULARLY AMENDING SUBSECTION (b) OF SAID SECTION; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF SEPTEMBER, 1988 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. WHEREAS, pursuant to Resolution No. 88-434, adopted May 12, 1988, the City Attorney has prepared a proposed Charter Amendment; and WHEREAS, the City Attorney's draft of the proposed charter amendment is set forth in its final form in this Resolution, said draft being submitted to the electors of the City this date for their review and consideration by means of the herein resolution; and WHEREAS, the herein proposed amendment shall be submitted to the electorate for their vote at a special municipal election on CITY COMI.RISSION MEIETING OF JUN 9 1988 LSOWTION No. 98--534 /..ARKS { September 6, 1988 as called for and provided herein and shall only become effective upon its approval by the electors; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2a. Section 23, entitled "Department of off- street parking; off-street parking board.", of the Charter of the City of Miami, Florida, as amended, (Chapter 10847, Special Acts, Laws of Florida, 1925, as amended), is hereby amended by the amendment of Subsection (b) of said Section as follows: "Sec. 23 Department of off-street parking; off- street parking board. (b) There is hereby created and established a board to be known as the "Off -Street Parking Board of the City of Miami" (hereinafter sometimes called the "off-street parking board" or the "board") which shall consist of five eleven (11) members. Each mMembera of the board shall either reside or have his their principal place of business in the city and shall be an individuals of outstanding reputation for integrity, responsibility and business ability, but no officer or employee of the city shall serve as a member of the board while employed as such officer or employee of the city. board, tt The commission of the City of Miami shall appoint the members of the board, two of whom shall Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Asterisks indicate omitted and unchanged material. The remaining subsections of Section 23 are now in effect and remain unchanged. -2- S S-5: 311 hold office for a term of two (2) years, two of whom shall hold office for a term of three years, and one of whom shall hold office for a term of four years, and thereafter each member shall be appointed for a term of ftve four years, as herein provided. Members serving on the board as of September 6 1988 shall continue to serve until the expiration of their terms of office. years two of whom shall hold office for a term 01 three (3) wears. and two of whom shall hold office for 1 Aanh mPmhpr Rhall At least ten days prior to the date of expiration of the term of any member of the board, or within ten days after the death, resignation or removal of any such member, his Qj her successor shall be nazi and appointed by the reillUtIftng members of the board, Subject to cuLiftvinubtan by biiu commission of the city. cariftrined by the coinaftiss±on W±bII±II ten days after and Each member of the board shall be eligible for reappointment. The successor in each case shall be appointed and shall hold office for a term of five four years from the date of expiration of the term of his/her predecessor, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Upon the effective date of his/her appointment, or as soon thereafter as practicable, each member of the board shall enter upon his/her duties, but before doing so he/she shall take the oath prescribed by section 41(e) of the city charter and shall execute a bond in the penal sum of ten thousand dollars ($10,000) payable to the department and conditioned upon the faithful performance of the duties of his/her office, which bond shall be approved by the commission of the city and filed with the city clerk, the cost of the premium on any such bond to be treated as part of the cost of operating the department. The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or such larger sum as the commission of the city may establish by ordinance, payable in monthly installments. Any member of the board may be removed by the commission of the city for good cause and after proper hearing by the commission, but if so removed, may apply to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for a review of the action of the commission. -3- 9y-5311 b. The charter amendment proposed in this 8eetion shall be known as Charter Amendment No. 2. Section 3. A special municipal election is hereby called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, September 6, 1988, for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 2. Section 4. Said special municipal election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No. 1, or as may be designated by the Supervisor of Elections of Metropolitan Dade County, Florida, in conformity with the provisions of the general laws of the State. The Precinct Election Clerks and Inspectors to serve at said polling places on said election date shall be those designated by the Supervisor of Elections of Dade County for such purpose in accordance with the general laws of the state. A description of the registration books and records which pertain to election precincts wholly or partly within the City and which the City is hereby adopting and desires to use for holding such special municipal election is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City of Miami. -4- 88-534 ■ Section 5. In compliance with Section 100.342, Florida Statutes, the City Clerk is hereby authorized and directed to publish notice of the adoption of the herein resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid special municipal election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially in the following form: "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 6, 1988 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 88-534 A special referendum election will be held on Tuesday, September 6, 1988, from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Dade County, Florida, as set forth herein, unless otherwise provided by law, for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Charter Amendment No. 2 be adopted to provide for expansion of the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven members, being appointed directly by the City Commission, with the new six members appointed for 4-year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon expiration of their terms of office?" Charter Amendment No. 2 provides for expanding the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven members, with the City Commission being empowered to appoint on a direct basis the additional six members for 4-year terms after serving initial staggered terms as well as to appoint on a direct basis the successors to the five incumbent board members for terms of four years upon the expiration of their terms of office. By order of the Commission of the City of Miami, Florida. CITY CLERK (Insert list of City of Miami Polling Places.)" Section 6. The official ballot to be used at said election shall be in full compliance with the laws of the State of Florida with respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System (CES), and shall be in substantially the following form, to wit: OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, SEPTEMBER 6, 1988 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: CHARTER AMENDMENT RELATED TO OFF-STREET PARKING BOARD MEMBERSHIP EXPANSION. "Shall Charter Amendment No. 2 be adopted to provide for expansion of the membership of the "Off - Street Parking Board of the City of YES Miami" from five to eleven members, being appointed directly by the NO City Commission, with the new six members appointed for 4-year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon the expiration of their terms of office?" Section 7. .Electors desiring to vote for the amendment, in approval of said Question described above, shall be instructed to punch straight down with the stylus through the hole next to the word "YES" within the ballot frame containing the statement relating to said Question. Electors desiring to vote against the amendment, in disapproval of said Question, shall be instructed to punch straight down with the stylus through the hole next to the word "NO" within the ballot frame containing the statement relating to said Question. -6- 98-S34 Section 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absent electors entitled to cast such ballots in said election. Section 9. All qualified electors of said City shall be permitted to vote in said special municipal election and the Supervisor of Elections of Dade County is hereby requested, authorized, and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said municipal election to be held on September 6, 1988, and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Metropolitan Dade County Election Department located at 111 Northwest 1 Street, Miami, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described election during such times and on such dates as may be designated by the Supervisor of Elections of Dade County. -7- 88-534 ■ f", Section 11. MATTy HIRAI, the City Clerk of the City of Miami. Florida, or her duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Dade County in relation to matters pertaining to the use of the registration books and the holding of said special municipal election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Metropolitan Dade County not less than forty-five days prior to the date of the herein special municipal election. PASSED AND ADOPTED this 9th day June 1988. T_ XAVIER L. SU R MAYOR ATTEST:., NATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: hVROBEiRT1,F_ CL CHIEF DEPUT TY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1 r / dORGE L. FERNANDEZ CITY ATTORNEY ` r: RFC/bss/M713 ffm 98-534 f IN r LIST Olt POLLING PLACES C1TY OP MIAMI r,CT. LOCATION ADDRESS G�!•iiiiiiiiiiiii ,CH' % Jriil,�%%��O/i i` �I 1/� iiiii• Jv� Y 501 LITTLE RIVER BAPTIST 406 NW 77 ST 502 CANAAN MISSIONARY BAPTIST CHURCH 7610 BISCAYNE 90 t:03 HARVEY W SEEDS AMERICAN LEGION 9446 NE 7 AV 504 HARVEY W SEEDS AMERICAN LEGION 6446 NE 7 AV .15 GRACE UTD METHODIST CHURCH 6801 N MIAMI AV 51j6 GRACE UNITED METHODIST CH 6501 N MIAMI AV 507 THENA CROWDER ELEMENTARY 757 NW 66 ST 508 NEW MT MORIAH BAPTIST CHURCH 5700 NW 14 AV 509 LIBERTY SQUARE COMMUNITY CTR 6306 NW 14 AV 510 CHARLES R. DREW MIDDLE SCHOOL 1801 NW 60 ST 511 CHARLES R DREW ELEMENTARY 1775 NW 60 ST 512 ORCHARD VILLA ELEMENTARY SCH 5720 NW 13 AV 513 BELAFONiE TACOLCY CTR 6181 NW 9 AV 514 ATHALIE RANGE PARK 525 NW 82 ST 51.5 LEMON CITY BRANCH LIBRARY 430 NE 61 ST 516 MORNINGSIDE PARK 1 750 NE 55 TR 517 ARCHBISHOP CURLEY HIGH SCHOOL 300 NE 50 ST Consists only of vacant and unimproved land registered on Virginia Key (no Citv voters). �a SS-534 It )i . `F`. 1 LIST GAF POLLING PLACCS CITY OF MIAMI : 4C 0 L ' N PCT. LOCAt10N AbORESS 515 CHURCH OF GOD OF PROPHECY •1 4528 NW 1 AV 519 SHADOWLAWN ELEMENTARY 149 NW 49 ST 520 ST PAUL INSTITUTIONAL AME CHURCH 1892 NW 61 TA 521 CHARLES HADLEY PARK 1300 NW 60 ST 56. MOORE PARK 785 NW 38 ST 523 MIAMI JACKSON SENIOR HIGH 1751 NW 38 ST 524 LORAN PARK ELEMENTARY SCHOOL 5160 NW 31 AV 526 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AV 527 COMSTOCK ELEMENTARY SCHOOL 2420 NW 18 AV 528 GREATER MIAMI ACADEMY 3100 NW 18 AV 529 CORPUS CHRISTI CATHOLIC SCH 795 NW 32 ST 530 ROBERT A. BALLARD ARMORY 700 NW 28 ST 531 MIAMI-DADE COMM COLLEGE 950 NW 20 ST 532 CULMER PLACE 810 NW 10 ST 533 ST JOHN INSTITUTIONAL MISS BAPT CH 1328 NW 3 AV 534 CULMER NEIGH SERVICE CTR 1600 NW 3 AV 535 PHYLLIS WHEATLEY ELEMENTARY 1801 NW 1 PL 88-5.1;4 .g :a LIST Ot ROLLINO PLACES CITY Of MIAMI OCT. LOCATION AbbR€55 ••i�iiiiiia•ii`�1raf!�l�fa��iiiifararii�taii��ii�iiraiiiiriifiiiiFaii�iiil)iiiiii�it 536 DUNBAR ELEMENTARY SCH 606 NW 20 ST 537 EUGENIO MARIA DE HOSTOS CTR 2902 NW 2 AV 539 YWCA 910 NE 18 ST 539 YWCA 210 NE 18 ST 540 TRINITY CATHEDRAL HALL 464 NE 16 5T 541 MIAMI-DADE COMMUNITY COLLEGE 300 NE 2 AV 542 JACK ORA SENIOR CENTER 550 NW 5 ST 543 THE SALVATION ARMY 901 W FLAGLER ST 544 METROPOLITAN SENIOR CTR 545 HUD - CONFERENCE RM 547 MIAMI FIRE STATION w7 548 ST MICHAEL'.S CHURCH 549 INTERAMERICAN MILITARY ACADEMY 550 MIAMI FIRE FIGHTER BENEVOLENT ASSOC 551 STEPHEN P CLARK SLOG 552 HENRY M. FLAGLER ELEMENTARY 553 FLAGAMI COMMUNITY HOUSE 1407 NW 7 ST 1407 NW 7 ST 314 BEACOM BD 2987 W FLAGLER ST 3525 NW 7 ST 2980 NW S RIVER OR 1880 NW 37 AV 5222 NW 1 ST 7121 SW 3 ST 88-534 LIST OF POLLING PLACES CITY OP MIAMI pCT. LOCATION ADDRESS 554 AOSERT KING HIGH COMMUNITY HOUSE 7025 W FLAGLER ST 555 WEST ENO PARK COMMUNITY HOUSE 250 SW 80 AV 556 MIAMI FIRE STATION •11 5920 W FLAGLER ST 557 IGLESIA CRISTIANA REF EL SUEN SAM 4585 W FLAGLER ST 558 KINLOCH PARK COMMUNITY HOUSE 465 NW 47 AV 559 KINLOCH PARK JR HIGH SCH 4340 NW 3 ST 561 WESLEY UNITED METHODIST CH 133 PONCE DE LEON SO 562 KOUSEK 27TH AVENUE CTR ITMA SW 3 ST 563 SHENANDOAH PRESBYTERIAN CHURCH 2160 SW 8 ST 584 LITTLE HAVANA M1 HOUSING PROJECT 1769 SW 5 ST 555 RIVERSIDE ELEMENTARY SCH 221 SW 12 AV 566 MANUEL ARTIME COMMUNITY CTR 900 SW 1 ST 587 MIAMI FIRE STATION w4 1105 SW 2 AV 568 SIMPSON PARK -RECREATION SLOG 55 SW 17 RO 569 UTO TOWERS 1809 BRICKELL AV 570 STS PETER 8 PAUL OATH SCH 1436 SW 12 AV 571 CORAL WAY PRESBYTERIAN CH 2O91 SW 14 AV 13 88-534 LIST OF POLL-INO PLACES CITY OF MIAMI PCT. LOCATION ADDRESS •iliiiii�ii�iiiiiiriiii�iiiiiiiiiMiiiii�r�iii%.ili��i�iiiiiiftriiiiii��i;iiiiiii 572 SHENANDOAH ELEMENTARY 1023 SW 21 AV 513 SHENANDOAH PARK COMMUNITY HOUSE 1S00 SW 21 AV 574 WILLIAM MCALLISTER POST *1608 2750 SW 18 ST 575 CORAL GATE PARK COMMUNITY SLOG 1415 SW 32 AV 576 WILLIAM MCALLISTER POST *1608 2750 SW 18 ST 577 DOUGLAS PARK COMMUNITY HOUSE 2755 SW 37 AV 578 BOYS CLUB OF MIAMI 2805 SW 32 AV 579 SILVER BLUFF ELEMENTARY SCH 2609 SW 25 AV 580 CORAL WAY ELEMENTARY 1950 SW 13 AV 581 MUSEUM OF SCIENCE 3280 S MIAMI AV 582 ELIZABETH VIRRICK BOXING GYM 2600 S SAYSHORE OR 563 MIAMI FIRE STATION *8 2975 OAK AV 584 ELIZABETH VIRRICK PARK 3230 HIBISCUS ST 585 GRAND AVENUE PARK 236 GRAND AV 586 MIAMI DADE WATER 6 SEWER AUTHORITY 3575 S LEJEUNE RD 587 PEACOCK PARK 2820 MCFARLANE RO A MATTY HIRAI City clerk HAND DELIVERED Mr. David Leahy Supervisor of Elections Metro Dade Center 19th Floor III N.W. 1 Street Miami, Florida 33130 Dear Mr. Leahy: of t1t p aeN smc Q N June 1 S , 1988 CESAR H. 0010 i`ity Maniger Enclosed herein please find certified copies of the documents calling and providing for the holding of a Special Municipal Election on September 6, 1988 for the purpose of submitting to the voters the following proposed questions: 1. Resolution 88-541: Charter Amendment No. 1- Shall the elected Mayor of the City of Miami serve a four year term? 2. Resolution 88-534: Charter Amendment No. 2- Shall the membership of the Off -Street Parking Board be expanded from five to eleven members? 3. Resolution 88-535: Charter Amendment No. 3- shall the City Attorney serve as General Counsel to the Miami Off -Street Parking Board? Kindly make the necessary arrangements to have this material included on the ballot for the September 6th Presidential Primary. We are hand -delivering an identical copy of the above - mentioned documents to Ahmed Simeon, for the required official translation of the ballot questions. Your continued courtesies are very much appreciated. If you have any questions, please do not hesitate to call. Ver truly yours, tty Hirai City Clerk MH:sl ENC: a/s 3� OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Milmi, Florida 33233-0706/(305) 5794M AS-534 s MATTY HIRAI City Clerk BAND DELIVERED Mr. Ahmed Simeon 2958 Day Avenue Miami, Florida 33133 Dear Mr. Simeon: evP66 June USA H. 0010 City M hAger Enclosed please find certified copies of the documents providing for the holding of the City of Miami Special Municipal Election presently scheduled for September 6, 1988 on the following questions: 1. Resolution 88-541: Charter Amendment No. 1- Shall the elected Mayor of the City of Miami serve a four year term? 2. Resolution 88-534: Charter Amendment No. 2- Shall the membership of the Off -Street Parking Board be expanded from five to eleven members? 3. Resolution 88-535: Charter Amendment No. 3- shall the City Attorney serve as General Counsel to the Miami Off -Street Parking Board? Kindly proceed to translate the official ballot questions, and immediately forward to Mr. David Leahy, Supervisor of Elections, Metro Dade Center, 19th Floor, 111 N.W. 1 Street, Miami, Florida 33130, with a copy to my office together with your bill. If you have any questions, please do not hesitate to call. Vppy truly yours, Aatty��Hirai City Clerk MH:sl ENC: a/s CC: David Leahy, Supervisor of Elections 1� 9 - SS 3 L-� OFFICE OF THE CITY CLERK/City Hail/3500 Pan American Drive/P.O.Sox 330706/Miami, Florida 33233-0705/(305)579-6065 SS-534 4 . 0 69 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. BATE: RILE. Cesar H. Odic, City Manager May 24, 1988 Att : Aurelio Perez-Lugones SUBJECT. Legislative Administrator City Commission Meeting Jorget June 9, 1988 FROM V L. Fernandez REFERENCES: Charter Amendment 1No . 2 Acting City Attorne ��- ENCLOSURES: ( 1) At its Meeting of May 1.2th, the City Commission directed our office to prepare a Charter Amendment in regard to the Off -Street Parking Board expansion, appointment of members, and counsel. The attached proposed resolution contains language that will, if approved by the electorate, expand the Board's membership to eleven, provide for City Commission approval of all Board members, and also provide that the City Attorney serve as General Counsel to the Board and that employment of Special Counsel to the Board be subject to Board and City Commission approval. JLF/RFC/bss/P558 cc: Jack Mulvana, Director Department of Off -Street Parking 0 -/ SS-s4 0 :IT" :;r V;AM1 = LOQ1O, NTER-OFFICE MEMORANDUM _ATE Honorable Mayor and Members June 2, 1988 J-88-478 of t e 4cion 8_E._ City Commission Meeting ��June 9, 1988. Agenda Item #69 Jor L-E� Charter Amendment No. 2 Acting y - (1) At its Meeting of May 12th, the City Commission directed our office to prepare a Charter Amendment in regard to the Off -Street Parking Board expansion, appointment of members, and counsel. The attached proposed resolution contains language that will, if approved by the electorate, expand the Board's membership to eleven and provide for City Commission appointment of all Boa-rd members. It also provides that the City Attorney serve as General Counsel to the Board and for employment of Special Counsel to the Board if deemed necessary by the City Attorney, subject to City Commission and Board approval. The attached proposed amendment does not delete or repeal the existing provision which requires good cause and a hearing before removal of board members. It expressly provides that existing board members serve until the expiration of their term of office although an earlier draft of this proposed amendment which is being distributed did not so provide. That earlier draft also has been modified by incorporating language found in City Code Section 2-41 to eliminate a problem of ambiguity in regard to professional accountability as it pertains to the duty and function of the City Attorney set forth in Charter Section 16. The attached resolution should be substituted for the draft copy being distributed in the Agenda Packet. JLF/RFC/bss/P560 cc: Cesar H. Odio, City Manager Natty Hirai, City Clerk Aurelio Perez-Lugones, Legislative Administrator Jack Mulvena, Director Department of Off -Street Parking