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Ord. No. 22-06-1890ORDINANCE NO. 22 -06 -1890 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI POLICE OFFICERS' RETIREMENT TRUST FUND, PROVIDING FOR REDUCTION IN NUMBER OF TRUSTEES ON THE BOARD OF TRUSTEES FROM SEVEN (7) TO FIVE (5) BY REMOVING THE MANDATORY MEMBERSHIP OF CERTAIN NAMED OFFICALS; PROVIDING CLARIFICATION OF ELECTION AND APPOINTMENT PROCEDURES FOR TRUSTEES; PROVIDING FOR CLARIFICATION OF BOARD'S INVESTMENT AUTHORITY; PROVIDING FOR REMOVAL OF A NAMED ADMINISTRATOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide compliance with required minimum benefits provided in Chapter 185 of the Florida Statutes for police officer employees in order to continue to receive state premium tax funding; and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section. L Part I, Provisions governing the South Miami Pension Plan, Section 16 -33 of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -33. Membership of hBoard; term; officers; meetings; quorum. (a) There is hereby created a seven - member board of trustees of the City of South Miami Police Officers' Retirement Trust Fund, which board shall consist of three (3) employees of the police department (to be selected by the police participants and appointed by the city commission, the police chief, the finance director, the mayor, and a resident of the city (to be appointed by the city commission) for a period of two (2) years and the city manager as a nonvoting, ex officio member of said board. Effective November 1 2006 the membershi of the Board shall consist of five 5 members and all rior terms shall ex ire. Two of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the City Commission, and shall serve as trustee for a period of 2 years, unless sooner re laced by the Cjjy Commission at whose pleasure the trustee shall serve and mpy succeed himself or herself as a trustee. Two (2) of whom shall be Police officers as defined herein and in _ section 185.02(l 1 of the Florida Statutes who shall be elected by a mgLjorily of the Police officers who are Participants the Fund and shall serve as trustee . for a 12eriod of 2 years, unless he or she sooner leaves the em to ment of the City as a Police officer, whereupon a successor shall be elected in the same manner as an original appointment. Each Police officer trustee mgy succeed himself or herself Ord. No. 22 -06 -1890 in office. The fifth trustee shall be selected by a majorily of the previous four 4 trustees, and appointed as a ministerial duty by the City Commission. The fifth trustee shall have the same rights as each of the other four trustees appointed or elected as herein pr ovided shall serve as trustee for a period of 2 years, and may succeed himself or herself in office. (b) At the first election of trustees, effective November 1 2006 there shall be elected one pPolice officer to serve as trustee for a two -year term; and one police officer to serve as trustee for a tone -year term. Thereafter, each year, one pPolice officer shall be elected to serve as trustee for a two -year term. The hBoard shall annually elect from its membership a chairman and secretary. . The chairman, when present, shall preside at all meetings. The secretary shall keep complete minutes of all proceedings of the bBoard and shall colnply with requirements of section 185.06(3) of the Florida Statutes. The treasure~ shat a the c.eeks a:d of- assets of the f,„iRi d. Hshall r-epeft- i It each quarterly meeting a report detailing the assets and liabilities of the fFund as of the date of such meeting shall be resp ented. All elections of the bBoard shall be by a majority vote, a quorum being present. Three (4�) or more meffiber-strustees shall constitute a quorum. Trustees shall receive no compensation as such but mgy be reimbursed for anYexpenses related to Board business. (Ord. No. 1038, § 5, 7- 24 -79; Ord. No. 1 208, § 1, 9- 10 -84) Section 2. Part 11, Provisions governing the South Miami Pension Plan, Section 16- 34 of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -34. Elections. (a) All elections of pPolice officers to the bBoard shall be by secret written ballot. Only pParticipants in the (Fund shall be eligible for nomination and election to the bBoard and only pParticipants shall be eligible to vote in such elections. (b) Notice of each election shall be posted at least two (2) weeks prior to the date of such election�in the police station in the City of South Miami 4 least twe (2) weeks prior- to the date upon whieh siieh eleetiao shall be held. Such elections shall be conducted over a period of not less than two business days. Section 3. Part III, Provisions governing the South Miami Pension Plan, Section 16- 36 of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16-36. Replacement of bBoard members. If, at any time between elections, a vacancy occurs on the bBoard for any reason whatsoever, such vacancy shall be filled by a special election held in accordance with the procedures i sent;,.,, 16 33 arA see4io" 16 34 of this article. The newly elected trustee shall serve the remainder of the term of any trustee whose membership was terminated. 2 Ord. No. 22 -06 -1890 (Ord. No. 1038, § 8, 7- 24 -79) Section 4. Part IV, Provisions governing the South Miami Pension Plan, Section 16- 37 of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16-37. Powers of board. The bBoard shall have the power and authority as follows: (a) To invest and reinvest monies of the Fund. In making such investments they shall be governed by Chapter 185, Florida Statutes relating to the investment of fiduciary funds, except that fie MeHies °M1 be ki-Nested in eenmnea st ,,, ghe u allocation of assets shall not be Iess than foi1y percent 40% in fixed income investments at market. The 4Board may, however, invest up to ten (10) per cent of the assets in international securities......,,,..igw4,,d ands in AAA grade ef -a-= (b) To perform the acts required as the administrator of the pPlan. The bBoard may delegate administrative duties in its discretion. 3A1. gymeBs and Asseeiates. (c) To approve disbursements, pay claims and authorize payments from the fund by warrants signed by the chairman and the secretary of the bBoard. (d) To interpret the provisions of this article where the meaning is not clear or ambiguity exists; and to promulgate necessary rules respecting the operation of the 11und, or elections of trustees, not in conflict with the wording or clear intent of this article. In the event of any conflict, the provisions of Chapter 185 of the Florida Statutes shall prevail (e) To authorize expenditure in connection with preliminary research, technical services, legal services and accounting services, to contract for employees necessary to the general administration of the 1Fund and to employ legal counsel and auditors necessary to the proper administration of the 1Fund. Section 5: If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 6: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 7: This Ordinance shall take effect immediately upon approved. SIGNATURES ON FOLLOWING PAGE 3 Ord. No. 22 -06 --1890 PASSED AND ADOPTED this day of , 2006 ATTEST: -CTTY CLEAK- READ AND APPROVED AS TO FORM: C11VTT0ikNEY PROVED: Ct A)YOR 1 st Reading — 9/5/06 2nd Reading— 10/3/06 COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea C: 4Documents and Setdngs1SRothsteanlMy DocumentsTeso- OrdISMPP ORDNBOARD MAKEUP. doc 4 SUGARMAN'& SUSSKIND PROFESSIONAL ASSOUATION ATTORNEYS AT LAW Robert A. Sugarman+ Howard S. Susskind Kenneth R. Harrison, Sr. David E. Robinson D. Marcus Braswell, Jr. Pedro A. Herrera +Board Certified Labor & Employment Lawyer August 24, 2005 City Commission City of South Miami c/o City Manager 6130 Sunset Drive South Miami, Florida 33143 2801 Ponce De Leon Boulevard Suite 7.50 Coral Gables, Florida 33134 (305) 529 -2801 Broward 327 -2878 Toll Free 1- 800 - 329 -2122 Facsimile [305) 447 -8115 Re: Summary of Proposed Ordinance Amendment — City of South Miami Police Officer's Retirement Trust Fund Dear Commission Members: This firm represents the City of South Miami Police Officer's Retirement Trust Fund. Our client has directed that we provide an overview of the enclosed proposed ordinance amendment to be considered by the City Commission. The Board of Trustees of the Retirement Trust Fund recommends adoption of this proposed ordinance amendment to the existing code, which is in compliance with Chapter 185 of the Florida Statutes. This ordinance amendment changes the current seven - member board of trustees, consisting of three (3) employees of the police department (to be selected by the police participants and appointed by the city commission), the police chief, the finance director, the mayor, and a resident of the city (to be appointed by the city commission) and the city manager as a nonvoting, ex officio member. The proposed board of trustees, shall be a five - member board, consisting of two legal residents of the City appointed by the City Commission, two (2) Police officers as defined herein and in section 185.02(l1) of the Florida Statutes, elected by a majority of the Police officers who are Participants the Fund, Each Police officer trustee may succeed himself or herself in office and a fifth trustee selected by a majority of the previous four (4) trustees, and appointed as a ministerial duty by the City Commission. The proposed amendment provides for the transition to begin on 1 October 2006 and allows current trustees to complete existing terms of office. Further the proposed amendment provides for alternate year elections for the elected trustees, time requirements for notice of such elections and procedures for conducting said elections. Clarification is provided as to eligibility to voting and running for the elected trustee positions and length of terms of office. Similarly, term limits and vacancy replacement procedures are provided for appointed resident trustees. Additionally, this proposed amendment clarifies Board of Trustees authority to retain an independent administrator by removing the specifically named company to perform administrative duties. The Board of Trustees authority to develop an investment policy is clarified by removing the prohibition against investment in common stocks and limiting the percentage of investment in fixed income investment at market value to 40% of fund assets. The board believes that enactment of the proposed amendment would reduce potential conflict of interest and dual office holding issues in relation to elected officials serving as trustees and improve efficiency in Board of Trustee authority in delivering pension benefits to retirees and control of costs to the City. The Retirement Trust Fund actuary has provided a statement of no impact for your consideration prior to final reading and enactment of this ordinance amendment. We remain available to respond to any questions you may have on this matter. Yours truly, KENNETH R HARRISON, SR. cc: Board of Trustees, c/o Benefits USA Larry Wilson, Actuary, Gabriel, Roeder, Smith & Co. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADS: Miami; .Florida will conduct Commission _meeting -rschedulr beginning ;at -7;30 p i`n in tt e.Ci Drive; to co ididerthe follawing ii Before the undersigned authority personalty appeared OF O.V. FERBEYRE, who on oath says that he or she is the CIT SUPERVISOR, Legal Notices of the Miami Daily Business TRI Review f/k/a Miami Review, a daily (except Saturday, Sunday OF6' and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, 'MEI being a Legal Advertisement of Notice in the matter of .ING CITY OF SOUTH MIAMI - PUBLIC HEARING CITY COMMISSION MEETING FOR SEPT. i9, 2006 in the XXXX Court, was published in said newspaper in the issues of 09/08/2005 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 thi dverti en r publication in the said newspaper Sworn to and subscribed before me this 08 day PTEMB ' 200$ (SEAL) Q.V. FERBEYRE personally known to me Maria E. Mesa My Commission DD293855 ur wP E)Pires March 01 , 2D08 PROCEDURES FORTF CATION ;PROVIDING;:I=O.{ RENT ::707=1; PfiOVIp0_ ..for COb FICAMON ; :}ANDz _` AN OADINRNCE OF TE- �ORDWRNCE N0: -15 -D2 COMN4ITTEES :AMEND ORDINANCES.', =ENTJT : CQIVIMITTEE'i4MEIVDII ING- FOR.SEVEFiABEL17 IN CONFLICT; ANCiPRO A RESOLUTION OF_.TH OF�:THE?CITY: OF_- SOLr . THE ISSUANCE OF,: A. NESS.FVRSUANT_T0 S DEVELOPMENT=�,CODE SCENIC�O ERL.00K/FI -- r LOCATED :WITHIN THE ._ r13CTRt!'`T I t']f`6TFLl i1T >A RESOLUTIC OF:THE -QITv: THE .ISSUANC NESS PURSU.j >: DEVELOPMEN EXTERIOR Si( LOCATED AT_ PROVIDING'AI Above;Tems can be during regularoffce Ifyouu have any'ind Clerk's office at-.30! ALL interested partil Pursuant to. Florida public that if .a',per; Board, Agency or C its meettng;orh a.nr the above - Items -I is are Invited to attend and wtll be or and toatfor such. purpose, am verbatim record of the,proeec testiniony and evidenc-e-up"- rt w 91$_. . an rd.' dei CMG i y advises; the , made -by_ this 6ongidered at ' proctecfings;' ensure that a d.A'dbdes the' 9- 271723699M `How about some Nothing goes better i EUROPEAN- PROGRAMS* 10 Days Beautiful Iful Venire /geirence /Pisu/Rome $"p7 Manu8�Lmdart it 8D* $840 Mad/FasMndon Z $1,290 "W l3PAWMdl'W MadriAA,anda0uris I] Days $1,940 - Smilla/Grerada 9Drira $720 Madrid/Paris/Brusseh Andahlck &kvaafehkv gtr9Dys $770 Amsterdam 3217ys 51,630 OD_BPAFAm ' '13D* $950 MtldlWUvr&0am ]aDttys $855 radW11mdugoJl'rgo-/15mVWW 'Plus A] k" ' daPai/Yldavl $660 GROUPS From M]AIIU Dd 6f Aadem Grde 35 dose Indude Mender; Andean Gasag Santioga des (fide, rim del Alm, ralp=W, -Puerto Mun3t i.e......... COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 19, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 5130 Sunset Drive, the C]ty Commission will hold Public Hearings to consider the fallowing items: AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI POLICE OFFICERS'RE IREMENT TRUST FUND, PROVIDING FOR REDUCTION IN NUMBER OF TRUSTEES ON THE BOARD OF TRUSTEES FROM SEVEN (7) TO FIVE (5) BY. REMOVING THE MANDATORY MEMBERSHIP OF CERTAIN NAMED OFFICALS; PROVIDING CLARIFICATION OF ELECTION AND APPOINTMENT PROCEDURES FOR TAI}STEES; PROVIDING FOR CLARIFICATION OF BOARD'S INVESTMENT AUTHORffY; PROVIDING FOR REMOVAL OF A NAMED ADMINIS`fRATOR. AN ORDINANCE AMENDING ORDINANCE NO. 15 -02 -1763 RELATING TO BOARDS AND COMMITTEES, AMENDING SEC.2 -26.8 OF THE CODE OF ORDINANCES, ENTI ILED "BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP TERM. A RESOLUTION RELATING TO THE- ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE CONSTRUCTION OF A SCENIC OVERLOOK/ FISHING PIER AT BREWER PARK LOCATED WITHIN THE - _ CAMBRIDGE LAWNS HISTORIC DISTRICT LOCATED AT 6300 SW 56"' STREET. A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 2D- 5.19(E)f3) OF THE LAND DEVELOPMENT CODE FOR THE PLACEMENT OF AN IXTERIOR SIGN ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). Above Items can be inspected in the City Clerk's office, .Monday - Friday during regular office hours. If you have any inquiries on the above items 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 . PlesuanM Florida Sleaaed 286A106, the Chy hereby advaas lire public that R a Person decides to appeal any - . deal51en made by this Board, Ageray m Cammisslm with respect m arty matter cdriaderad at b meeting W hearing, ha or she wigneed a hecortl of me precaed'mgs, antl au[focsuch purpose, aaecletl person may 0 eed to 0: .. ensure Vestavertatim record efthe ureceetlin= is made which recrrd"116PA the roMim,v,v anA Pn,nvn �I a m �w 0 LLFJ Q C a f- a E U a x F C) MIAMI DAILY BUSINESS REVIEW Published Oaiy except Saturday. Sunday and Legal Holidays ;. Miami, Miami -Dade County, Florida - - - STATE OF FLORIDA COUNTY OF MIAMI -DADS: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the "Cfff OF SOUTH MIA1rli SUPERVISOR, Legal Notices of the Miami Daily Business OF }{EAR6416 Review fWa Miami Review, a daily (except Saturday, Sunday '' NOTICE PUBLIC and Legal Holidays) newspaper, published at Miami in Miami -Dade IS NEitEBY "gSven iiiat the City Commission ottha Cdy of Sovth ' County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE Miami; Florida wili conduct Pubile Hearings at t1s regular City Commission. scheduled for Tuesday, October 3, 2006 beginning at 7:30 P.M., meeting in the City Commission. Chambers. 6130 Sunset Drive; to eons ;der the; CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING -OCTOBER 3, 2006 following he ORDINANCE OF THE MAYOR AND CITYCOMMISSION -'g1 in the XXXX Court, AN OF THE CETY OF SOUTH MIAMI FCOREOA AN_ (ENDING THE CITY SOUTH MIAMI POLICE OFFICERS' RET[REMENT- was published in said newspaper in the issues of -OF r; aTRUST. FUND; PROV3DING FOR R_EQUCTION IN NUMBER- { ON THE..BOARD OF TRUSTEES FROM _ 0912212006 OF:-TRUSTEES OVING THE MANQATORY =RSWO OECERTAINNAMED OFFICLS PR. _ SEVEN (7) TO,FIVE (5)�KA - OV?I MEMBI GLARIFICATION _ OF ELECTION itND APPOINTMENT `: PROVibilkG FOR, ' Affiant further says that the said Miami Deily Business ) PROCEQURES "FOR ,, TRUSTEES 4 CI BOARD'S INVESTMENT AUTHORITY " Review is a newspaper published at Miami in said Miami -Dade ARIFICAf1ON:UF- ` PROVIDINGFORREMOVALOFANAMEDADMINISTRATOR County, Florida and thatheSaid newspaper has heretofore been cahiinuously published in said Miami -Dade County, PROVIDING FOA 5EVERA61L1TY `PROVIDING FOR - AND PROVIDING FOR AN EFFECTIVE _ Florida, each day (except Saturday, Sunday and Legal Holidays) the GODIFICATI4N =. and has been entered as second class mail matter at peel office in Miami in said Miami -Dade County, Florida, for a AN QRDINANCE.OF THE MAYOR AND CITY COMMISSION period of one year next preceding the first publication of the OF THE CITY ,OF SOUTH MIAMI, FLORIDA, AMENDING LAND .USE MAP OF THE SOUTH: MIAMI attached copy of advertisement; and affIant further says that he or ,THE FUTURE PLAN BY CHANGING THE FUTURE LAND she has neither paid nor promised any person, firm or corporation COMPREHENSIVE ' CATEGORY FROM THE SINGLE FAMILY RESIDENTIAL any discaunt et7at9, corn r refund for the purpose of securin is adve " ent for blicatien in the said USE- = CATE= GORYTOTHETOWNHOUSERESIDENTIACCiATEGORY LEOALLY.,gE5CR3.BED AS LOT 15 BLOCK 5,' newsy r. ON PROPERTY pAV15 MAISOR..SUBDI. ION ACCORDING, TO THE. PLAT (HEREOF RECORDED IN PLAT BOOK 51 AT PAGE 41 OF Ti3E'<PUBLIC'RECORDS':pF MIAMI -DADS COUNTY AND SP, -, "AI:LY.LOCATF�AT6540MANOR LANE; PROVIDING 'FOR_-$EVEFiABILIiY ,PROVIDING FOR'ORDINANCES 1N Sworn to and subs AN ORDINA -4ICi OF THE:JvIAYOR ANQ CITY .CO�M(SSI�N T: 22 d PTE OF'.THE. -CITY OF SOUTH MIAMI,- FLORIOA, "AMENDING - - ORDINANCE NO.. 15N 1783 RELATING BOARDS AND � F COMMITTEES AMENDING SEC2268 OF THE CODE pF ORDINANCES ENTITILED BUDGET AND : FINANCE _ COMMITTEE; AMENDING MEMBERSHIP TERM; PROVIDING .._ (SEAL) FOR 5EVEFIA81LfTY;' =PROVIDING -FOR ORDINANCES, IN CONF110TtgNDPROV`tDINGAN,• E EFFECT3VEDATE'�� O.V. FERBEYRE .... .. a ..... ...... __...._ ._ THEISSUANCE OF A CEFtTiF_ICATE OF APPROPRIATENESS . PURSUANT TO ":SEC - j90 206.191(E)(3) OF- THE ,_'LAND DEVELOPMENT_CODE.FOR: THE- CONSTRUCTION .OF 'A SCENIC- O1YERLOOKIRSHING .PIER AT .BREWER 'PARK LOCATE6;'1NIiHIN' ,tHE, CAMBRIDGE LAWNS `HISTORIC DISTRICT LOCATED AT_6300 SW 56th STREET; PROVIDING AN EFFECTIVE DATE A RESOLUTION OF THE MAYOR AND CITY- COMMISSION OF.: 7HE.CITY_,OF.SOUTH. MIAMI, FLORIDA RELATING TO THE aS5UANCE OF A CERTiF_ICA"fE OF APPROPRIATENESS PURSUANT TO _-SECTION ZO 5.19(E)(3) OF `` -TFIE LAND ` REVEL ik6ifCODEF 'MTHEPEACEMENTOFANEXTERIOR SIGN_ 4NA( JESIGNATEL )HiSTORICBUIC[3lNGLOGATEDAT :; _ 5951 SUNSET DRIVE (SHEL,LEY BUILDING) PROVIDING AHI'. EFFECTIVE QATE. ALL Interested.parties ar Pursuant to Florida Slats i the above '.Hems please Contact the City' Ited toattend and Moll be heard. _ -ManaM.Menendez,CMC' 'City Clerk ' or. Commissloft with' respect to any mattercorislderetl at iffi meeting or 'hearing, he or she will need a record of the proceedings, and that foirsuch, purpose, affected_ person may need to ensure that a verbatim record of the proceedings is'rriade` which - record lnciudes.the "testimony and evidence upon whichthe appeal iste be based. 9122 - - -- .: - - 08- 3- 311728713M