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99-23279 RESO RESOLUTION NO. 99-23279 A RESOLUTION CALLING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH FOR THEIR APPROVAL OR DISAPPROVAL, AN AMENDMENT TO ARTICLE VI, SECTION 31 OF THE RELATED SPECIAL ACTS OF THE CITY OF MIAMI BEACH, FLORIDA, TO DELETE SPECIFIC RESTRICTIONS CONCERNING PENSION BOARD INVESTMENT/ALLOCATION, AND TO SUBSTITUTE THEREFOR LANGUAGE AUTHORIZING THE PENSION BOARD TO EXERCISE (IN A PRUDENT MANNER) INDEPENDENT JUDGMENT IN ALLOCATING AND INVESTING FUNDS. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1: In accordance with the provisions of the Charter of the City of Miami Beach, Florida and the general laws of the state of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on November 2, 1999, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2: The appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with Dade County's certification of the results of said Special Election being accepted by the City Commission. The official 1 returns for each precinct shall be furnished to the city Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated on the night of said Special Election. SECTION 3: Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the OFFICIAL REGISTRATION BOOKS show that the said electors reside. A list of the voting precincts and the polling places therein (subject to change by the Supervisor of Elections of Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A. SECTION 4: Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, each and every day until October 4, 1999, during normal business hours and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County 2 Elections Office. All registration forms must be received by the Miami-Dade County Elections Office and clocked in no later than October 4, 1999, at 5:00 p.m. in order for a person to vote in this Special Election. All questions concerning voter registration should be directed to the Dade County Elections Office, 111 Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O. Box 012241, Miami, Florida 33101; Telephone (305) 375-5553. SECTION 5: Copies of the proposed amendment to the Miami Beach Ci ty Related Special Acts shall be made available to the electors at the office of the City Clerk from 8:30 a.m. to 5:00 p.m. each day, Saturdays, Sundays and holidays excepted, not later than thirty days prior to the date of said election. SECTION 6: Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Dade County, Florida. Such publication shall be made at least once each week for four consecutive weeks next preceding said Special Election. 3 SECTION 7: The notice of election shall be substantially in the following form: CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 2ND DAY OF NOVEMBER, 1999, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGIS- TERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: GENERAL EMPLOYEES' PENSION BOARD: DELETING SPECIFIC INVESTMENT/ALLOCATION RESTRICTIONS AND SUBSTITUTING THEREFOR PRUDENT PERSON STANDARD. SHALL ARTICLE VI, SECTION 31 OF THE RELATED SPECIAL ACTS OF THE CITY OF MIAMI BEACH, FLORIDA, BE AMENDED TO DELETE SPECIFIC RESTRICTIONS CONCERNING PENSION BOARD INVEST- MENT AND ALLOCATION, AND TO SUBSTITUTE THEREFOR LANGUAGE AUTHORIZING THE PENSION BOARD TO EXERCISE (IN A PRUDENT MANNER) INDEPENDENT JUDGMENT IN ALLOCATING AND INVESTING FUNDS. YES NO SECTION 8: The official ballot to be used in the Special Election to be held on November 2, 1999, hereby called, shall be in substantially the following form: 4 OFFICIAL BALLOT CITY OF MIAMI BEACH, FLORIDA SPECIAL ELECTION, NOVEMBER 2, 1999 GENERAL EMPLOYEES' PENSION BOARD: DELETING SPECIFIC INVESTMENT/ALLOCATION RESTRICTIONS AND SUBSTITUTING THEREFOR PRUDENT PERSON STANDARD. SHALL ARTICLE VI, SECTION 31 OF THE RELATED SPECIAL ACTS OF THE CITY OF MIAMI BEACH, FLORIDA, BE AMENDED TO DELETE SPECIFIC RESTRICTIONS CONCERNING PENSION BOARD INVEST- MENT AND ALLOCATION, AND TO SUBSTITUTE THEREFOR LANGUAGE AUTHORIZING THE PENSION BOARD TO EXERCISE (IN A PRUDENT MANNER) INDEPENDENT JUDGMENT IN ALLOCATING AND INVESTING FUNDS. YES NO SECTION 9: Absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. SECTION 10: That the City of Miami Beach shall pay all of the expenses for conducting this Special Election and will pay to Dade County or directly to all persons or firms upon receipt of invoice or statement approved by the Supervisor of Elections of Dade County, Florida. 5 SECTION 11: This Resolution shall be effective immediately upon its passage. PASSED AND ADOPTED this 21st day of July , 1999. f1J4 MAYOR ATTEST: ~4kJ f~(~~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~.~~ 6 PROPOSED RELATED SPECiAL ACTS AMENDMENT NOVEMBER 2. 1999 SPECiAL ELECTiON Text of Ouestion No. Article VI, Section 31 of the Related Special Acts of the City of Miami Beach, Florida, is hereby amended to read as follows: All moncy~ paid into any pcn~ion or rctircment 6ystcm crcatcd by thi~ Ac~, except such moncys aB arc neccs~ary to mect currcnt opcrating or pcnsion and rctircmcnt payments, shall bc ili,,"cBtcd in thc follmdng. Donds, notcs, securities or othcr cvi dcnccs of indcbtedncss .....hich arc thc dircct obligation of thc go".rernment of thc Unitcd Ctatcs and for uhich thc full faith and credit of the g07CrHffiCnt is plcdged. Loans, insured or guarantecd as to principal and intcrcst b~f the gO"Jcrnmcnt of thc Unitcd Otatc3 or by any agency or instru mcntality thcrcof, to the cxtcnt of such inBurancc or guaranty. Donds, notes and othcr ~ecurities of any state, county or incorporatcd city in any statc of thc Ufiited Otatcs or the District of Columbia, which arc thc dircct obligation of such ~tate, county or city and for pa}~cnt of which said go?crnmcntal body has the lawful authority to IC-Tf taxcs or ma]cc aBscssment3. Donds, notcs or othcr cvidcnccs of indcbtcdneos which arc payable from re7cnuc3 of any structure or improvcment owned by any atatc, county or incorporated city uithin the United Ctates. Di vidcnd paying 3tockt:], cOftlffton or prc ferrcd, of an~i corporation creatcd and cxisting undcr thc la\13 of the United Otate3 or of any statc, pro~idcd that the amount so in7c3ted shall at no time excecd fifty pcrcent of thc total funds in-JcBtcd. OtockB, cofftfftOn or prcfcrred, of any corporation not created 374 and exit3t.in~ under the lalm of the United Gt.atet3, or of any t3tate, t3hall at no tiffiC exceed five percent of the total equitics. No more than t\lent.y percent of the total equity portfolio may be invested in non dividend paying stocks, -n'"hich are subj ect to the guideline~ 3et by ordinance. Donds, note3 or other interc3t bearing obligations of any t30lvent corporat.ion organized under the la",m of the United Gt.at.es, or any t3t.ate, territ.ory or post3et3~ion of the United States. Ghares or savings accounts of federal ~a7ingl3 and loan associations, to the extent tha t they are insured by an . agency or an in~truffientality of the government of the United Gt.ates. All moneys paid into any pension or retirement system created by this Act. except such moneys as are necessa~ to meet current operating or pension and retirement payments. shall be invested by the pension board. In connection therewith. the pension board shall. in ac~iring. investing. reinvesting. exchang- ing. retaining. selling and managing property for the benefit of any pension or retirement system created by this Act. exercise the judg- ment and care under the circumstances then prevailing. which persons of prudence. discre- tion and intelligence exercise in the manage- ment of their own affairs. not in regard to speculation but in regard to the pe:nnanent disposition of their funds. considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard. the pension board is authorized to ac~ire and retain eve~ kind of property. real. personal or mixed. and every kind of investment specifically including. but not by way of limitation. bonds. debentures and other corporate obligations. and stocks. preferred or common. which persons of pru- dence. discretion and intelligence ac~ire or retain for their own account and. within the 375 limitations of the foregoing- standard. the pension board may retain property acquired. without limitation as to time and without regard to its suitability for original pur- chase. The city. commission is authorized, by ordinance, to increase the pension benefits to members of the city pension fund for employees of the City of Miami Beach. 376 03/17/99 13:U ~ . tt305 375 1038 iii 002/002 IlIAHI-DADE ELEC2 L:IST OF POLLING PLACBS cn"X' OF KJ:AIIX :BEACH PCT. LOC!A'J!ION ADDDSS ........................................................................ 011 013 01' 015 018 019 021 022 023 024 025 026 027 028 029 0]0 031 BISCAtHE ELmmRTARY SCHOOL 800 - 77 ST NORm SHORB COMKONITY CDT1'BR 7250 COLLDlS AVE KORTH SHORB RRc::RD.T:I:OR Cl!:NTBR 501 - 72 ST PADUm,y PAlUt ~ 0 0 :;aA:l:RWAY DR NORMAJIJ)Y SHODS GOI.F COURSB 2401 D:r.AaIlI"1'Z DR NORDHDY ISLB HONl:CIPAIa POOL 1765 - 71 ST NORTH SHORB RBCIBAT:tOH cmr.nm 501 - 72 ST SHANE WM'BRSPORTS CBNTJm 6500 DmIAN CREEK DR NIAKI BJmCH FIRE STATION 13 5303 COLLIN'S AVE NAtJ"1'J:LUS Jam:)LK SCHOOL 4301 NORTH XICH:IGAN' AVE HJ:AKI BEACH PmB S"l'ATIOH *3 5303 COLL:tNS AVlil ~1Bt SDBB"X CCIIKtJNI:TY CBln'BR 2100 WASKmGTOlf AVE OCBAH GDBDB HO'1'EL 3651 COLLDlS AVE 'l'EMPLB BftE SHOLOM 4144 CHASE AVE ST. PADIClt CATHOLIC CJlUltCH 3885 KSRIDIAN AVE HAYSHORE GaLl' COaSE 2301 ALTON RD J:W:)B BOtrI.1lV'Am) Jl':tu S'rAIJ!:tcm 12 2]00 PINRTREE DR 1 02/22/99 CJ 03/17/99 13: U tt305 375 1038 )[LUlI-DADE ELEC2 ~ LIST OF POLLDTG PLACES ern OF IIIAKI BBACH i1001/002 P~. LOCA-.r'J:OH ADDRBSS ..........................**...**......*...........................***** 032 M'T~VT BEACK PtJBLI:C I..J:BRARY 033 BARCLAY PLAZA HOTEL " APAR~ 034 KI:AKI: BEACK GARDBN' CENTER 035 2111i: S-rRDT C01lll1DttTY aJD1TER 036 Fta.UaHGO PAlUt 'rEBN' C!BH'1'BR 037 JaAm BDCH cJ:n DLL 038 HIAHI BD.CK ROD &: REEL CL'D'B 039 ST FRANCIS DE SALES c:scmCB 040 ST PRANCI:S DB SALBS CBtJRCB 041 IaAKX BDr'H ;nRE STATI:OH #1 042 H3:AIa BBACK SZHJ:OR cmrrBR 043 IaAHJ: BBACEr POLJ:CB DEPJUl'rMEN"l' 044 OCBAR PRORT AtmI'r01U1JH 046 SOtlTE SHORE COJIMtlNITY CTR 048 SOtJ'1'H POINTE PARK 02/22/99 CJ 378 2100 COLLDlS AVE 1940 PAlUt AVE 2000 CONVENTION ~T.rll{ Dn 2100 WASHiNGTON A.VE 1000 - 12 ST 1700 CONVEN'r:ION CJ:NTEX DR 208 SOUT.B: HIBJ:SCl1S DR 621 ALTON RD 621 ALTON RD 1051 JEFFERSON AVE 610 BSPUlOLA WAY 1100 WASEEmG'l'ON AVE 100:1. OC!iAN DR 833 - 6 9'1' 1 WASHINGTON AVE 2 CITY OF MIAMI BEACH CITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cI.mlaml-beach.n.ua TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 57 y-=.99 Mayor Neisen O. Kasdin and Members of the City Commission DATE: July 21, 1999 Sergio Rodriguez City Manager - A RESOLU ON CALLING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2,1999 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH FOR THEm APPROVAL OR DISAPPROVAL, AN AMENDMENT TO ARTICLE VI, SECTION 31 OF THE RELATED SPECIAL ACTS OF THE CITY OF MIAMI BEACH, FLORIDA, TO DELETE SPECIFIC RESTRICTIONS CONCERNING PENSION BOARD INVESTMENT/ALLOCA TION, AND TO SUBSTITUTE THEREFOR LANGUAGE AUmORIZING THE PENSION BOARD TO EXERCISE (IN A PRUDENT MANNER) INDEPENDENT JUDGMENT IN ALLOCATING AND INVESTING FUNDS. '" ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. ANALYSIS The Retirement System for General Employees of the City of Miami Beach contains very specific restrictions on investments. For example, no more than fifty percent of total funds may be invested in stocks. In addition, at least eighty percent of all stocks must be dividend paying. These restrictions make it difficult for the Pension Board to obtain maximum returns. The consultant for the Fund, Dom, Helliesen & Cottle, has conducted an asset and liability study (Exhibit I). The study discovered that the current asset mix of fifty percent equity and fifty percent fixed income has an expected rate of return that is lower than the actuarial assumption rate of 8.5%. A conservative asset mix to meet the 8.5% would be sixty percent equity and forty percent fixed income. This Resolution would amend the City of Miami Beach Related Special Acts to provide the more enlightened "Prudent Person Standard". This is a common-law standard applicable to the investment of trust funds which states that: "All that can be required ofa trustee in the investment of trust funds is that he conduct himself faithfully and exercise sound discretion. He is to observe how men of prudence, discretion and intelligence manage their own affairs, not in regard to speculation, but in AGENDA ITEM R 1 c.. 363 DATE 7-21-qg Page 2 regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of the capital to be invested." International Foundation of Employee Benefits Trustees Handbook. In Florida the standard is codified in Section 518.11 of the Florida Statutes, a copy of which is attached (Exhibit II). This standard already governs the Retirement System for Unclassified Employees and Elected Officials of the City of Miami Beach and the City Supplemental Pension Fund for Firefighters and Police Officers in the City of Miami Beach. The amendment has no fiscal impact on the plan. CONCLUSION This amendment is recommended by the Board of Trustees as necessary for investment flexibility to meet changing financial circumstances. M~-J rAh.6li SR:l-wf3:ma,u. VI V'V1 364