Ord. No. 05-00-1707ORDINANCE NO.5-00-1707
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO PENSION
BOARD;AMENDING SECTION 16-20(a)OF THE CITY OF SOUTH
MIAMI CODE OF ORDINANCES,ENTITLED "PENSION BOARD";
CHANGING THE MEMBERSHIP FROM FIVE TO SEVEN MEMBERS;
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
WHEREAS,Section 16-20(a)of theCity of SouthMiamiCode of Ordinances
currentlyprovidesthatthecomposition of thePensionBoardshallbecomprised of five
(5)members consisting of theMayor;one(1)active employee of the City andtwo(2)
citizenselectors of theCity,alltobeappointed by theCommission,andone(1)active
employee of the City elected by amajority of theactive employees of theCity;and
WHEREAS,theMayorandCity Commission of the City of SouthMiamidesireto
increasethe membership by two (2)additional members with financialbackgrounds;and
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
CITY
Section1.Section 16-20(a)of theSouthMiamiCode of Ordinancesishereby
amended to read as follows:
"Sec.16-20.Pension Board
(a)Thepensionboardshallbecomprised of five(5)seven (7)members
consisting of the Mayor,one(1)twoactiveemployees of the City^.and two
(2)citizen electors of theCity,andtwoindividualswith financial
backgroundsalltobeappointed by themayor with theadviceandconsent
of theCityCommission,andtheappointment of one(1)activeemployee of
theCityelectedbyamajority of theactive employees of theCityasdefined
inthis section,designated bytheCity Manger.Nopensionboardmember
shallreceiveany compensation oremolumentforservicesonthepension
board.With theexception of themayor,Ttheboardmembersshalleach
serveforaperiod of two years,oruntiltheir successors are appointed,
which appointment shall be evidenced byan acceptance in writing or such
appointment.TheMayorand Commission shallserveasaninterim
herein,exercising all duties and prerogatives of said board,provided that,
date of thissection [August 5,1986].Amember of thepension board may
resignby delivering hiswritten resignation tothecityclerk,and such
Additionsshownby underlining and deletions shownby ovorstriking.
Page 2 of Ordinance No.5-00-1707
resignation shallbecomeeffectiveuponitsdeliveryoratalaterdate
specifiedtherein.If,atanytimethereshallbeavacancyinthe
membershipoftheboard,providedtherearenotlessthan foee-(3)five (5)
members,the board shall continue toactuntil such vacancy isfilledas
provided above.
Section 2.If any section,clause,sentence,or phrase of this ordinance isforany
reasonheldinvalidor unconstitutional byacourt of competent jurisdiction,theholding
shallnot affect the validity of the remaining portions of this ordinance.
Section 3.All ordinances or parts of ordinances in conflict withthe provisions
of this ordinance are repealed.
Section 4.This ordinance shalltakeeffect immediately uponapproved.
PASSED AND ADOPTED this11thday of Apri1 ,2000.
ATTEST:
1st Reading-3/7/00
2nd Reading-4/11/00
READ AND APPROVED AS TO FORM:
U /£>£&WsA
~ClTY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Additions shownby underlining and deletions shownby ovorstriking.
5-0
Yea
Yea
Yea
Yea
Yea
•«•*%%&•
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission DATE:4/7/00
AGENDA ITEM #f &
FROM:Charles D.ScurrX /f/Jewrf Comm.Mtg.4/11/00
City Manager (yrlpyV0 Pension Board
THE REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO PENSION BOARD;
AMENDING SECTION 16-20(a)OF THE CITY OF SOUTH MIAMI
CODE OF ORDINANCES ENTITLED "PENSION BOARD";CHANGING
THE MEMBERSHIP FROM FIVE TO SEVEN MEMBERS;PROVIDING
FOR SEVERABILITY,ORDINANCES IN CONFLICT AND AN
EFFECTIVE DATE.
BACKGROUND
The attached ordinance on for second reading and public hearing and
sponsored by Mayor Robaina,amends Section 16-20(a)of the Code of
Ordinances to:1)increase the membership of the Pension Board from five to
seven members;2)provides that the two additional appointees shall be
individuals with financial backgrounds;3)provides for the appointment of two
active employees by the Mayor with the advice and consent of the City
Commission;and 4)provides for the designated appointment of one active
employee by the City Manager.
§16-20 PENSIONS §16-20
two (2)citizen electors of the city,alltobe appointed by the city
commission,and one(1)active employee of the city elected by a
majority of the active employees of the city as denned in this
section.No pension board member shallreceiveanycompensa
tionor emolument for services on the pension board.With the
exception of the mayor,the board members shall each serve fora
period of two(2)years,or until their successorsareappointed,
which appointment shall beevidenced by anacceptancein writ
ing of such appointment.The mayor and commission shall serve
asan interim pension board until appointment and qualification
ofthe board asprovidedherein,exercising alldutiesand prerog
ativesofsaidboard,provided that,the boardshallbeappointed
and qualified within thirty (30)days from the date of this section
[August 5,1986].A member ofthepensionboard may resignby
delivering his written resignation to the city clerk,and such res
ignationshallbecome effective upon its delivery oratalaterdate
specified therein.If,at any time there should beavacancyin the
membership of the board,provided there are not less than three
(3)members,the boardshallcontinuetoact until suchvacancyis
filled as provided above.
(b)Theboardshallholdmeetingsuponsuch notice,atcity
hall,andat such times as its members may from time to time
determine.A majority of the members of the board at the time in
office shall constitute a quorum for the transaction of business.
All action taken by the boardatany meeting shallbebyvote of
themajorityof its memberspresentatsuchmeeting;provided,
however,theboard may act without a meeting byunanimous
action ofits members evidencedbya resolution signedbyallsuch
members.
(c)Subject tothetermsofthis plan,the pension board may
from time to time adopt bylaws,rules and regulations for the
administration of the plan and the conduct and transaction of its
business and affairs.
(d)Thepensionboardshallhavesuchpowersas may benec
essarytodischarge its dutieshereunder;including but notlim
itedto,the powerto interpret andconstrue the plan,todetermine
all questions ofeligibility for benefits,durationof employment,
computation of benefits,value of benefits and similarly related
MIAMIDAILY BUSINESS REVIEW
PublishedDailyexceptSaturday,Sundayand
LegalHolidays
Miami,Miami-Dado County,Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforethe undersigned authority personally appeared
Octelma V.Ferbeyre,whoon oath says that she Isthe
Supervisor,LegalNoticesoftheMiami Dally Business
Review t/Wa MiamiReview,adaily(except Saturday.Sunday
andLegalHolidays)newspaper,publishedat Miami in Miami-
DadeCounty,Florida;thattheattachedcopyofadvertise
ment,beingaLegalAdvertisement ofNoticeInthematterof
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/11/00
In the ??iSSSSSX Court,
per tn the Issues ofwg^tteb^lns^^ggpai
Affiantfurther says that the said MiamiDaily Business
Review Is a newspaper published atMiami In said Miami-
DadeCounty,Florida,and that the said newspaper has
heretofore been continuously published In said Mlami-Dsde
County,Florida,eachday(exceptSaturday,Sundayand
Legal Holidays)andhasbeenenteredassecondclass mall
matter atthe post office In Miami In said Mlaml-Dade
County,Florida,foraperiodofoneyearnextprecedingthe
firstpublicationoftheattachedcopyofadvertisement;and
affiant further saysthatshe hasjsjther peM nor promised
anyperson,firnror cerpontldrianyVdlscount,rebate,com
missionor refund forjbrafrpose of securing this advertise
ment forBirt3!!catto(9rTijbfli saidnew/paper.
Of f \P
ftoo
g^l
OFFICIALNOTARYSEAL
5>JANETT LLEAENA
^'•cKftuseiOH NUM8IR
CC56S004
MYOOMMSStON EXPIRES
JUNE 23.2000
CITY OF SOUTH MIAMI
NOTICEOFPUBLICHEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami,Florida will conduct Public Hearings during its regular City
Commission meeting Tuesday,April 11.2000 beginpjng at 7:30 p.m..InUjeCityCommissionChambers.6130 Sunset D/foe.to wnsjderjhe fol
lowing described ordinancels):*'.^A
AN ORDINANCE OF THE MAYOR AND CITY-COMMISSION OF
-THE CITY OFSOUTH MIAMI.FLORIDA,RELATING TO COMMU
NITY RELATIONS BOARD!AMENOINO SECTION 2.26.6 OFTHE
CITY OF SOUTH MIAMI CODE OF ORDINANCES:ENTITLED
•COMMUNITY RELATIONS BOARD':CHANGING THE MEMBER-.
SHIP FROM 15T017 MEMBERS;PROVIDING FOR SEVERABILI
TY.ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.(1st
Reading•3/7/00)
C^-AN ORDINANCE OF THE,MAYOR AND CITY-COMMISSION.OF.
I THE CITY OF SOUTH MIAMI.FLORIDA,RELATING TO PENSION
I BOARD:AMENDING SECTION 16.20 (a)OFTHE CITY OF SOUTH
I MIAMI CODE OFORDINANCES;ENTITLED 'PENSION BOARD';
I CHANGING THE MEMBERSHIP FROM FIVE TO SEVEN MEM-
1 BERS-PROVIDING FOR SEVERABILITY.ORDINANCES IN CON-
V—FLICT AND AN EFFECTIVE DATE,(1st Reading -3/7/00)>u
AN OROINANCE OF THE'MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI.FLORIDA.RELATING TO ABAN
DONED AND dUNKED VEHICLES;CREATING A NEW-SECTION
15.35.1.ENTITLED 'NUISANCE DECLARED FOR ABANDONED
•VEHICLES';PROHIBITING STORING.PARKING OR LEAVING
ABANDONED VEHICLES ON PRIVATE PROPERTY;PROVIDING
FOR DEFINITIONS.NOTICE.REMOVAL AND DISPOSITION OF
ABANDONED VEHICLES:PROVIDING FOR ALTERNATIVE REM
EDIES AND IMMUNITY OF CODE ENFORCEMENT OFFICERS
FROM PROSECUTION FORTRESPASS AND OTHER ACTIONS;.
REPEALING SECTION 15.35.1.ENTITLED 'JUNK.WRECKED.
ABANDONED VEHICLES KEEPING ON PRIVATE PROPERTY -
PROHIBITED;REPEALING SECTION 15.3S.2,ENTITLED "SAME-
REMOVAL;NOTICE',REPEALING SECTION 15.35.3.ENTITLED
•ADOPTION OF STATUS RELATIVE TO ABANDONED.
WRECKED PROPERTY ADOPTED BY REFERENCE;'REPEAL
ING SECTION 15.35.4.ENTITLED 'SAME-ENFORCEMENT EX-
PENSES.CONSTITUTE LIEN [ON)VEHICLE JNVIOLATION":AND
REPEALING SECTION 15.35.5,ENTITLED 'CITY MANAGER RE
SPONSIBLE FOR IMPLEMENTATION OF SECTIONS 15.35.1
THROUGH 15.35.^OFTHE CITY OF SOUTH MIAMI CODE OFj
ORDINANCES.PROVIDING FORSEVERABILITY.ORDINANCES i
VIN CONFLICT.AND ANEFFECTIVE DATE.(1st Reatfng 3/7/00)<
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF
THECITY OF SOUTH MIAMI.FLORIDA.RELATING TO PUBUC
RECORDS RETENTION SCHEDULE;AMENDING SECTION 2-18
(I)OFTHE CITY OFSOUTH MIAMI CODE OFORDINANCES ENTI
TLED 'PHOTOGRAPHING AND DESTRUCTION OF PUBLIC
RECORDS';'ADOPTING THE STATE OF FLORIDA GENERAL
RECORDS SCHEDULE FORSTATE AND LOCAL GOVERNMENT
AGENCIES (SCHEDULE GS1);PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT.AND AN EFFECTIVE DATE.(1st
Reading 3/7/00)
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF
THECITY OF SOUTH MIAMI.FLORIDA RELATING TOTHEDELE
TION OF iSECTION 15-1.AIRCRAFT-MINIMUM ALTITUDE:SEC
TION 15-31 SAME-STUNT OR ACROBATIC FLYING.AND SEC-
TION15-3,SAME-TRAINING FLIGHTSfOF THE CODE OFORDI-
:NANCES OFTHE CITY OK SOUTHMIAMI;PROVIDING FOR SEV
ERABILITY,ORDINANCES IN CONFLICT.AND AN EFFECTIVE
DATE.!(1stReading -March 21.2000);
AN ORbiNANCE OF THE MAYOR AND CITY COMMISSION OF
THECITY OF SOUTH MIAMI.'FLORIDA RELATING TO DELETING
SECTION 15^67.TRAINS OBSTRUCTING STREETS.MAXIMUM
TIME ALLOWABLE;PENALTY;PROVIDING FORSEVERABILITY
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.(1st
'"Reading-March 21,2000)•;
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO LOBBY
ISTS:AMENDING SECTION 8A-5.ENTITLEDTLOBBYISTS;REG-:IStRATJON AND REPOBTINGVEXEMRTIpNS.SdFTHE CITYOF
SOUTHT MIAMI^tJOOEi'REC-UIRINGRdGISTBATlON AND DIS
CLOSURES;PROVIDING PENALTIES:REPEALING SECTION 8A-
6 ENTITLED 'PENALTY FOR VIOLATION OF CHAPTER';PRO
VIDING FORSEVERABILITY,ORDINANCES INCONFLICT,AND
AN EFFECTIVE DATE;(1st Reading -March 21,2000)
."*i Saidordinance canbe inspected inthepityClerk'sOIIioe,Monday-Frt-
v.day during regularof lice hours.':••-•.•}.•'.'•'Inquiries concerning this item should bedirected tothe City Manager's
officeau 663-6338.^.•„..._'„/ALL interested partiesare invited toattendand will beheard.
.'Roneria Taylor,CMC
;•''-'•;."•.-•••'••''-•..••••••'City Clerk
City bl South Miami
Pursuant to Florida Statutes286.0105,theCity hereby advisesthepub
lic that if a person decides to appeal any decision made by this Board,
Agency'dr Commission withrespect toany matter considered atitsmeet
ing orhearing;heorshe will need a record of the proceedings,and that for
such purpose,affected person may need toensure that a verbatim record
•'•:of the proceedings ismade which record includes the testimony and evi-^^uponwWch^