5Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: September 1, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 16, titled “PENSIONS”, Article II,
titled “CITY PENSION PLAN”, Section. 16-20., titled “Board of Trustees.” 3/5 (City Attorney)
Suggested Action:
Attachments:
Ord amending Sec 16-20 re Bd of TrusteesCArev(4)CC.doc
MDBR Ad.pdf
Miami Herald Ad.pdf
Ord amending Sec 16-20 re Bd of TrusteesCArev(4)CC(2) Cohen.doc
1
Page 1 of 2
ORDINANCE NO. __________________1
2
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 16, 3
titled “PENSIONS”, Article II, titled “CITY PENSION PLAN”, Section. 16-20.,4
titled “Board of Trustees.”5
6
WHEREAS, Section 16-20 of the City’s Code of Ordinances provides for the7
appointment of members to the Pension Board of Trustees and it contains confusing language; 8
and 9
10
WHEREAS, the City desires to amend Chapter 16, Article II, Section 16-20. of the Code 11
of Ordinances clear up any confusion.12
13
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 14
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:15
16
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if 17
fully set forth herein and as the legislative intent of this Ordinance.18
19
Section 2.Chapter 16, titled “PENSIONS”, Article II, titled “CITY PENSION 20
PLAN”, Section. 16-20., titled “Board of Trustees” of the City of South Miami’s Code of 21
Ordinances is hereby amended and shall read as follows:22
23
Sec. 16-20. - Board of trustees.24
25
(a)The board of trustees shall be is comprised of seven (7) members. consisting of26
the Ttwo (2) members must be active employees of the Ccity and one of whom27
should be elected by the general employee participants of the plan and one should28
be elected by the police employee participants when possible.two (2) citizen of 29
the city, two (2) individuals with financial backgrounds and the appointment of30
Oone (1) member must be an active employee of the Ccity designated appointed31
by the Ccity Mmanager., all to be appointed by the Mayor with the advice and 32
consent of the city commission. The remaining four members must be comprised33
of two (2) residents of the City and two (2) individuals who may live in the City34
but who must have financial backgrounds and each of these four must be35
approved by a resolution of the City Commission after a member of the36
Commission has nominated them. No board of trustee member shall may receive 37
any compensation or emolument for services on the pension board. The board 38
members shall will each serve for a period of two (2) years, or until their 39
successors are appointed, which and their appointment will shall be evidenced by 40
an acceptance in writing of such appointment. A member of the pension board 41
may resign by delivering a written resignation to the Ccity Cclerk, and such 42
resignation shall become effective upon its delivery or at a later date specified 43
therein. If, at any time there shall be a vacancy in the membership of the board, 44
provided there are not less than five (5) members, the board shall continue to act 45
until such vacancy is filled as provided above.46
2
Page 2 of 2
1
* * *2
3
Section 3. Corrections.Conforming language or technical scrivener-type corrections 4
may be made by the City Attorney for any conforming amendments to be incorporated into the 5
final ordinance for signature.6
7
Section 4. Codification.The provisions of this ordinance shall become and be made part 8
of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance 9
may be renumbered or re-lettered to accomplish such intention; and that the word “ordinance” 10
may be changed to “section” or other appropriate word.11
12
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all 13
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 14
15
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is 16
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 17
shall not affect the validity of the remaining portions of this ordinance.18
19
Section 7. Effective Date.This ordinance shall become effective upon enactment.20
21
PASSED AND ENACTED this ____ day of _____________, 2020.22
23
ATTEST:APPROVED:24
25
___________________________________________26
CITY CLERK MAYOR27
1st Reading 28
2nd Reading 29
30
READ AND APPROVED AS TO FORM, COMMISSION VOTE:31
LANGUAGE, LEGALITY AND Mayor Philips:32
EXECUTION THEREOF Vice Mayor Welsh:33
Commissioner Harris:34
Commissioner Liebman:35
_______________________Commissioner Gil:36
CITY ATTORNEY37
38
3
4
5
8SE SUNDAY JULY 12 2020NEIGHBORSMIAMIHERALD.COM
This is a tough summer.
Restaurants in Miami-Dade
are limited to outdoor din-
ing amid the COVID-19
epidemic, and movie thea-
ters and other entertain-
ment venues are closed.
But if you’re looking for
kid-friendly entertainment
in a place with no humidity
and nary a mosquito, Frost
Science Museum has you
covered.
The Phillip and Patricia
Frost Museum of Science in
Miami opened its new
permanent exhibit last
weekend. Titled “Power of
Science” and the first new
permanent exhibit since
the museum opened three
years ago, the exhibit dis-
plays the potential of sci-
ence using new technology,
completely transforming
the Ocean Gallery space on
the museum’s ground floor.
Also, there is air condi-
tioning. Do you need to
know more?
Yes? OK: Developed in a
partnership with the Uni-
versity of Miami, “Power of
Science” offers interactive
exhibits and rare speci-
mens in four areas: Our
Oceans, Our Environment,
Our Bodies and Our Uni-
verse.
Speaking of oceans, giant
grouper stans can have a
blast at the museum, too.
Here are some of the other
exhibits on display:
“Worlds Beyond
Earth”:The new Frost
Planetarium show opens
today and is narrated by
Oscar winner Lupita
Nyong’o.
“Rarely Seen”: The new
National Geographic photo
show runs through Sept. 7.
“Goliah Grouper
Aquarium Exhibit”:Learn
about a really big fish —
really big and the role it
plays in Florida’s ecosys-
tem.
“Sharks: On Assign-
ment with Brian Skerry”:
More National Geographic
photos from award-winning
photographer Brian Skerry
(through Aug. 9).
“Solar System & Be-
yond”:Check out the
museum’s north wing for
this journey through the
solar system. Yeah, we
kinda wish we were out
there right about now, too.
For admission to mu-
seum, you must have a
reservation and ticket for a
specific time.
PHILLIP AND PATRICIA
FROST MUSEUM OF
SCIENCE
Where:1101 Biscayne
Blvd., Miami
Hours: 9:30 a.m.-6 p.m.
“Power of Science”
exhibit opens:Friday
Admission:$22 for
adults and children 3 and
up; kids under 2 and mem-
bers free. Must reserve a
ticket online at
https://www.frostscience.org/
plan-your-day/
Connie Ogle: 305-376-3649,
@OgleConnie
MUSEUMS
Frost Science Museum’s new exhibit
now open, and it’s permanent
BY CONNIE OGLE
cogle@miamiherald.com
BRIAN SKERRY Brian Skerry
“SHARKS: On Assignment with Brian Skerry” open at
Museum through August 9.
BENCE MÁTÉ National Geographic, Costa Rica
A green-crowned brilliant
hummingbird and a green
pit viper look eye to eye.
The snake hangs delicately
from a branch as the
hummingbird hovers midair
in attack. The showdown
captures an eternal dance
between predator and prey.
6
Page 1 of 2
ORDINANCE NO. __________________1
2
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 16, 3
titled “PENSIONS”, Article II, titled “CITY PENSION PLAN”, Section. 16-20.,4
titled “Board of Trustees.”5
6
WHEREAS, Section 16-20 of the City’s Code of Ordinances provides for the7
appointment of members to the Pension Board of Trustees and it contains confusing language; 8
and 9
10
WHEREAS, the City desires to amend Chapter 16, Article II, Section 16-20. of the Code 11
of Ordinances clear up any confusion.12
13
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 14
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:15
16
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if 17
fully set forth herein and as the legislative intent of this Ordinance.18
19
Section 2.Chapter 16, titled “PENSIONS”, Article II, titled “CITY PENSION 20
PLAN”, Section. 16-20., titled “Board of Trustees” of the City of South Miami’s Code of 21
Ordinances is hereby amended and will read as follows:22
23
Sec. 16-20. - Board of trustees.24
25
(a)The board of trustees shall be is comprised of seven (7) members. consisting of26
the Ttwo (2) members must be active employees of the Ccity and one of whom27
shall be a general employee participant elected by the active general employee28
participants of the plan and one of whom shall be a police officer participant29
elected by the active police officer participants..two (2) citizen of the city, two 30
(2) individuals with financial backgrounds and the appointment of Oone (1) 31
member must be an active employee of the Ccity designated appointed by the 32
Ccity Mmanager., all to be appointed by the Mayor with the advice and consent of 33
the city commission. The remaining four members must be comprised of two (2)34
residents of the City and two (2) individuals who may live in the City but who35
must have financial backgrounds and each of these four must be approved by a36
resolution of the City Commission after a member of the Commission has37
nominated them.No board of trustee member shall may receive any 38
compensation or emolument for services on the pension board. The board 39
members shall will each serve for a period of two (2) years, or until their 40
successors are appointed, which and upon appointment will shall be sworn in by41
the City Clerk A member of the pension board may resign by delivering a written 42
resignation to the Ccity Cclerk, and such resignation shallwill become effective 43
upon its delivery or at a later date specified therein. If, at any time there shall be a 44
vacancy in the membership of the board, provided there are not less than five (5) 45
7
Page 2 of 2
members, the board shall continue to act until such vacancy is filled as provided 1
above.2
3
* * *4
5
Section 3. Corrections.Conforming language or technical scrivener-type corrections 6
may be made by the City Attorney for any conforming amendments to be incorporated into the 7
final ordinance for signature.8
9
Section 4. Codification.The provisions of this ordinance will become and be made part 10
of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance 11
may be renumbered or re-lettered to accomplish such intention; and that the word “ordinance” 12
may be changed to “section” or other appropriate word.13
14
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all 15
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 16
17
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is 18
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 19
will not affect the validity of the remaining portions of this ordinance.20
21
Section 7. Effective Date.This ordinance will become effective upon enactment.22
23
PASSED AND ENACTED this ____ day of _____________, 2020.24
25
ATTEST:APPROVED:26
27
___________________________________________28
CITY CLERK MAYOR29
1st Reading 30
2nd Reading 31
32
READ AND APPROVED AS TO FORM, COMMISSION VOTE:33
LANGUAGE, LEGALITY AND Mayor Philips:34
EXECUTION THEREOF Vice Mayor Welsh:35
Commissioner Harris:36
Commissioner Liebman:37
_______________________Commissioner Gil:38
CITY ATTORNEY39
40
8