Res. No. 022-05-12001RESOLUTION NO.22-05-12001
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA
RELATING TO FORMER CITY MANAGER CHARLES
SCURR'S PENSION;AUTHORIZING THE CITY MANAGER
TO PAY AN AMOUNT NOT TO EXCEED $89,716.80 TO
METLIFE INVESTORS INSURANCE COMPANY ON HIS
BEHALF AS SATISFACTION OF THE RETIREMENT
CLAUSE IN HIS EMPLOYMENT CONTRACT;PROVIDING
FOR THE DISBURSEMENT FROM SETTLEMENT ACCOUNT
001-2100-519-9924;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,theCity Commission approvedan employment contract forformer
City Manager Charles D.Scurr on October 5,1999;and
WHEREAS,section 2.5 of thecontract provides forhimto receive "credit inthe
Cityretirementsystemfortimeemployedinothergovernmentalentitiesandannual
contributions tothe system";and
WHEREAS,this provision contradictsthecurrent buyback clause of theCity
pension plan which limitstheeligibletimeforbuybacktofiveyearsforservicesrendered
tothe City of South Miamionly,making it impossible forhimto receive credit forany
time worked for other governments;and
WHEREAS,theCityhasreceivedseverallegalopinionsexpressingthe
advisability of settling this matter out of court;and
WHEREAS,theCityManagerhasnegotiateda settlement withMr.Scurr which
statesthattheCitywillpurchaseanannuitywithMetlifeInvestorsInsuranceCompany
thatwillprovidehimasatisfactoryamount of benefitclosertowhathewouldhave
receivedundertheregularCitypensionplanatacostnottoexceed$89,716.80,tobe
paidfromthesettlementaccount 001-2100-519-9924 whichpresentlyhasabalance of
$107,000.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1.Theabovewhereasclausesareincorporatedbyreference.
Res.No.22-05-12001
Section 3.TheCity Manager is authorized topayan amount upto $89,716.80
to Metlife Investors Insurance Company on behalf of Charles D.Scurr to purchase an
annuity plan for him asfull satisfaction forthe provisions of his employment agreement.
Section 4.This resolution shalltake effect immediately upon approval.
PASSED AND ADOPTED this J^day of February,2005.
ATTEST:APPROVED:
READ AND APPROVED AS TO FORM:
J:\CBIazckon "MeGruff'\Resolutions\Rcso Scurr Pension.doc
Page 2 of2
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar:
3-2
Yea
Yea
Nay
Yea
Nay
South Miami
AlWmerfcaCtty
CITY OF SOUTH MIAMI H\\V
OFFICE OF THE CITY MANAGER HIP*
INTER-OFFICE MEMORANDUM "
To:Honorable Mayor,Vice Mayor Date:February 15,2005
and City Commission
From:Maria V.Davis /Jflf^i//ill <"Subject:Agenda Item ##Q
City Manager §A**-*J/Q^Lj Commission Meeting
^2/01/05
Re:Settlement with Charles Scurr
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO FORMER
CITY MANAGER CHARLES SCURR'S PENSION;AUTHORIZING
THE CITY MANAGER TO PAY AN AMOUNT NOT TO EXCEED
$89,716.80 TO METLIFE INVESTORS INSURANCE COMPANY ON
HIS BEHALF AS SATISFACTION OF THE RETIREMENT CLAUSE
IN HIS EMPLOYMENT CONTRACT;PROVIDING FOR THE
DISBURSEMENT FROM SETTLEMENT ACCOUNT 001-2100-519-9924;
AND PROVIDING AN EFFECTIVE DATE
BACKGROUND AND ANALYSIS
AfterreceivinginstructionsfromtheCityCommissiontorenegotiatetheproposedsettlementwith
formerCityManagerCharlesScurrontheretirementclause of hisemploymentcontract,wewere
abletocometoagreementonasum of $89,716.80.Thefullpaymentunderthecontractcould
amountto $186,772.53,andwehadoriginallyreachedanagreementfortheamount of $107,000,so
thisrepresentsaconsiderablesavingoverourpotentialliability.Mr.Scurrhasprovidedusan
annuityplanthatissatisfactorytohimfortheproposedamount.If theattachedresolutionis
approvedbytheCommission,acheckwillbeissuedtoMetlifeInvestorsInsuranceCompanyfor
credittoMr.Scurr's annuityplanforthenegotiatedamountandwillreleasetheCity of anyfuture
commitments to his retirement benefit.
RECOMMENDATION:
Approval is recommended.
TO:
FROM:
Maria Menendez-Oy Clerk
JeanetteEnrizoJH
DATE:March 17,2005
Re:Settlement -Charles Scurr
Pleasebeadvised that tKeresolution for Mr.Scurfs moniestobereimbursedintoan
annuity account reflects a different Company than what he currently has requested.
Initially,the Resolution no.22-05-12001 shows Metlife Investors Insurance Company.
Today,hesentusa request to send the funds directly tothe following account:
First Clearing Corp./Wachovia Securities
Attention:Wilbur Forbes
2800 Ponce de Leon
Suite 1200
Coral Gables,Fl 33134
Ifyouhaveany questions,pleaseadvise.
Cc:MariaDavis,City Manager
Hakeem Oshikoya,FinanceDirector
Eve Boutsis,P.A
MftR-15-2005 16:49 FROM:'VILLAGE OF PftLMETTO 3052591290 TO:3056683877 P.2
RELEASE BY CHARLES D.SCURR
OF THE CITY OF SOUTH MIAMI
THIS RELEASE isexecutedthis /fi day of March,2005,by CharlesD.Scurr,
individually ("Scurr").
NOW THEREFORE,forandin consideration of the execution of Resolution
No.,whichauthorizedthepayment of $89,716.80 toMr.Scurr,theexchange of
releases,andothergoodandvaluable consideration,thereceiptand sufficiency of whichis
herebyacknowledged,itisagreedthat Scurr,for himself andforanysuccessors,assigns,
principals,beneficiaries and representatives,herebyremises,releases,and forever
discharges theCity of SouthMiami(includingitssuccessorsininterest,assigns)of and
fromallmanner of action,causes of action,claims,demands,judgments,executions,
damagesand expenses of anykind,inlaworinequity,which Scurreverhad,now has,or
mayhave,whetherknownorunknown,arising against theCity of SouthMiami,for,upon
orby reason of anymatter,cause,orthingwhatsoever,fromthe beginning of theworldto
theday of thesepresents,relatedtoany known or unknown claimsthat have been orcould
havebeen raised ormaybe raised concerningorduringScurr'stenureasSouthMiami's
City Manger or regarding Scurr'semployment agreement,pension(includingclaims of
discrimination,retaliation,whistlebloweroranyother employment relatedactivities).
ThisReleaseshallbeconstruedandinterpretedinaccordance with thelaws of the
State of Florida.
Page1 of2
MQR-15-2005 16:50 FROM:VILLAGE OF PALMETTO 3052591290 TO:3056683877 P.3
WITNESS my hand and seal,this 10 'day of March,2005.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CHARLES D.SCURR
By:.£6*"?
Charles D.Scurr
)
,MTheforegoinginstrumentwasacknowledgedbeforemethis10"day of March,
2005,byCharlesD.Scurr,individually.
re ofNotary Public -
ofFlorida)
(Print,Type orStamp Commissioned Name ofNotary Public)
Personally Known X OR Produced Identification *v JV
Type of Identification Produced ^<J»Dr Expkai June 28.2007
Page2 Of 2
MftR-15-2005 16:49 FROM:VILLAGE OF PALMETTO 3052591290
FAX:3pages
February 15,2005
Charles D.Scurr
11035 Killian Park Road
Miami,Florida 33156
Residence (305)662-2774
Office (305)259-1234
CDSMIA(a)aoLcom
TO:3056683877
Jeanette -
Attachedisa copy of my signedrelease.The investment people recommend thatthebest
way towritethe check to purchase theannuityisto make the check payableto:
FirstClearingCorpasCustodianfor Charles Scurr IRA underagreement dated
(date of the check or Commission Resolution)
Thanks for your help.Hopefullywecan wrap thisupinthenextdayorso.
P.l
MAR-16-2005 16:14 FROM:VILLAGE OF PALMETTO 3052591290
Charles D.Scurr
11035 KiUlan Park Road
Miami,Florida 33156
Residence (305)662-2774
Office(305)259*1234
CDSMlAfihaoLcom
TO:30566838rl
FAX:lpage
February 16,2005
Jeanette -
Attached are the updated instructions for the Check:
First Clearing Corp as Custodian for Charles Scurr TRA Account 7527-6
Themailing address is:
First Clearing Corp/Wachovia Securities
Attention:Wilbur Forbes
2800Poncede Leon
Suite 1200
Coral Gables,FL 33134
TTianks for your help.Hopefully we can wrap this up in the next day or so.
L^nac?
P.l
81