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HomeMy WebLinkAbout12-12-17 MinutesCITY OF SEBASTIAN POLICE PENSION BOARD MEETING DECEMBER 12, 2017 CITY HALL 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 IN ATTENDANCE: RICH SNELL, CHAIRPERSON JOHN (JASON) GILLETTE, BOARD MEMBER PAUL WILLIAMSON, BOARD MEMBER CHRISTINE VICARS, BOARD MEMBER KENNETH W. KILLGORE, BOARD MEMBER CYNTHIA WATSON, HR MANAGER ALSO PRESENT: BONNI SPATARA JENSEN, ESQUIRE GRANT McMURRY, ICC CAPITAL MANAGEMENT CHARLES H. MULFINGER, GRAYSTONE CONSULTING SCOTT OWENS, GRAYSTONE CONSULTING IN ATTENDANCE BY SPEAKERPHONE: H. LEE DEHNER, ESQUIRE VERO BEACH COURT REPORTERS 772-231-2231 2 1 AGENDA 2 CALL TO ORDER 3 (Whereupon, at 10:01 a.m. the meeting began.) 4 WELCOME TO NEW POLICE BOARD MEMBER JASON GILLETTE AND 5 CONGRATULATIONS TO RETURNING POLICE BOARD MEMBER 6 RICH SNELL VOTE TO EXCUSE ABSENT BOARD MEMBER(S) 7 CALL FOR NOMINATIONS FOR CHAIRMAN 8 CHAIRPERSON SNELL: Okay. I'm... in lieu of a 9 chairman not being reelected I'm going to call the meeting to to order. And first thing, we're going to welcome new 11 police board member, Jason Gillette. Congratulations to 12 me for returning. 13 All right. Vote to excuse any absent board 14 members. We don't have any absent. 15 And then, the next call of business is to call for 16 a nomination for a chairman since Steve Marcinik did not get 17 reelected to the Board. So any nominations? 18 BOARD MEMBER KILLGORE: I would move that Rich 19 now will be chairperson. 20 CHAIRPERSON SNELL: Is there a second? 21 BOARD MEMBER WILLIAMSON: I second that. 22 BOARD MEMBER VICARS: I second. 23 CHAIRPERSON SNELL: All in favor? Aye. 24 (ALL MEMBERS ANSWERED AYE.) 25 APPROVAL OF MINUTES: VERO BEACH COURT REPORTERS 772-231-2231 3 1 A. Regular Meeting September 19, 2017. 2 CHAIRPERSON SNELL: I guess I'll do it. Okay. 3 All right. So that's done. Okay. So we're going to do 4 for approval of minutes for the regular meeting of 5 September 19, 2017. 6 I will move to approve those minutes. 7 BOARD MEMBER KILLGORE: I would second that. 8 CHAIRPERSON SNELL: All in favor? Aye. 9 (ALL MEMBERS ANSWERED AYE.) 10 CHAIRPERSON SNELL: All against? 11 (NO RESPONSE.) 12 OLD BUSINESS 13 A. Approval of Payments: 14 a. Fiera Capital Inc. (July -September) 15 b. Center Coast Capital Advisors, LP (July -Sept) 16 c. Renaissance Investment Management (July -Sept) 17 d. Morgan Stanley Global Banking (July -September) 18 e. Christiansen & Dehner (September -October) 19 f. Municipal Code Corporation 20 g. Administrative Solutions 21 h. Travelers Insurance (Policy to November 1, 2018) 22 L Boston Partners (July -September) 23 j. Salem Trust (Quarter Ending June) 24 k. Salem Trust (Quarter Ending September) 25 I. Foster & Foster (Pending Reporting) VERO BEACH COURT REPORTERS 772-231-2231 4 1 (Whereupon, Chairperson Snell asked if every one 2 had to be read out or as a whole.) 3 (Whereupon, Mr. Dehner answered they could be 4 read collectively and to pull out any that 5 members had a question on.) 6 BOARD MEMBER KILLGORE: Yeah. I would just 7 wanted to comment on a couple of 'um. We had... you know, 8 all the new players are additional investment managers so 9 I've got invoices from those entitles, plus, we had some 10 cost that we paid for out of city funds, I got reimbursed, 11 including the insurance policy so it is of note that we 12 did renew the police... the board member liability policy 13 for the next year. 14 MR. DEHNER: Okay. And that can all be 15 reimbursed with the exception of the amount of the premium 16 that is for labor recourse and trustees. 17 BOARD MEMBER KILLGORE: Yes. There was the 18 additional 100 -- the insurance company broke it out to be 19 $100 would be in the city's responsibility and not paid 20 out of the trust fund. So this is only the -- 21 MR. DEHNER: Right. 22 BOARD MEMBER KILLGORE: -- it's only the amount 23 that was the basic policy. 24 MR. DEHNER: Yep. That sounds correct. 25 BOARD MEMBER KILLGORE: So other than that, VERO BEACH COURT REPORTERS 772-231-2231 5 1 it... I think we should approve it. 2 CHAIRPERSON SNELL: Okay. I think everybody's 3 had a chance to review. I'm going to go ahead and make a 4 motion to approve Item A for the total payments that were 5 paid out to the various investment firms: Foster & 6 Foster, Salem Trust, Municipal Code Corporation, 7 Administrative Solutions, and Christiansen & Dehner, 8 Morgan Stanley, Resident (sic) Investment Management, and 9 Center Coast Capital Advisors. to BOARD MEMBER KILLGORE: You need a motion? 11 CHAIRPERSON SNELL: Yeah, I motioned to approve. 12 BOARD MEMBER KILLGORE: Oh, okay. I would 13 second. 14 CHAIRPERSON SNELL: All in favor? Aye. 15 (ALL MEMBERS ANSWERED AYE.) 16 CHAIRPERSON SNELL: All against? 17 (NO RESPONSE.) 18 B. REVIEW OF ANNUAL CALENDAR OF BOARD ACTIVITIES 19 (Whereupon, Board Member Killgore recited the 20 annual calendar of board activities.) 21 C. REPORT ON LETTER FROM FLORIDA DIVISION OF 22 RETIREMENT 23 (Whereupon, Board Member Killgore stated that the 24 state wholly accepted the actuarial reports for 25 20141 '15, and '16 with no issues.) VERO BEACH COURT REPORTERS 772-231-2231 t: 1 D. CONSIDERATION OF SUMMARY PLAN DESCRIPTION 2 (Whereupon, Mr. Dehner asked if there were any 3 questions or comments to make changes.) 4 (Whereupon, Chairperson Snell and Board Member 5 Killgore had none and no further response was 6 made from the remaining board members.) 7 MR. DEHNER: Okay. Very good. Now, it should 8 be approved by motion then. 9 BOARD MEMBER KILLGORE: I would move for 10 approval. 11 CHAIRPERSON SNELL: I'll second that. All in 12 favor? Aye. 13 (ALL MEMBERS ANSWERED AYE.) 14 CHAIRPERSON SNELL: All against? 15 (NO RESPONSE.) 16 NEW BUSINESS 17 A. REVIEW OF EXPENSES 18 (Whereupon, Board Member Killgore recited the 19 approved budget and Mr. Dehner gave instructions 20 on filing.) 21 MR. DEHNER: Ken, we should have two items under 22 that: One is the proposed budget for the fiscal year 23 ending September 30, '18 -- 24 BOARD MEMBER KILLGORE: Uh-huh. 25 MR. DEHNER: -- which is not yet and needs to be VERO BEACH COURT REPORTERS 772-231-2231 7 1 approved by the Board and if it wasn't done this year, 2 subsequently needs to be done and filed with the city and 3 the division before October 1st; the second document we 4 need is for the Board review is a review of the actual 5 expenses incurred through September 30, 2017 and then that 6 needs to be approved by the board and filed with the 7 division and the city. 8 BOARD MEMBER KILLGORE: Okay. Back in September 9 at September's meeting, Lee, we did approve the budget. 10 That's shown -- 11 MR. DEHNER: Okay. 12 BOARD MEMBER KILLGORE: -- that's shown in the 13 first column of the report and -- 14 MR. DEHNER: Okay. i5 BOARD MEMBER KILLGORE: -- and this report also 16 shows the actual expenditures for last year, which I did 17 send an e-mail to the city council to inform them of what 18 our expenses were for that year. Is that sufficient? 19 MR. DEHNER: Yes. Yeah. Now, if you haven't 20 done it yet, it should be presented to the council and you 21 just said it was but also needs to be sent to the division 22 of retirement. 23 BOARD MEMBER KILLGORE: Okay. I'm not sure I 24 did that step but I will follow through on that. 25 MR. DEHNER: Okay. VERO BEACH COURT REPORTERS 772-231-2231 I BOARD MEMBER KILLGORE: Should we have the board 2 then make a motion to approve the report subject to -- 3 MR. DEHNER: Yes. 4 BOARD MEMBER KILLGORE: -- reporting to the city 5 council -- or division of retirement? 6 MR. DEHNER: Yeah. Just approve it and then you 7 can file it. 8 BOARD MEMBER KILLGORE: Okay. I move to approve 9 the report and have it filed with the division of 10 retirement. 11 CHAIRPERSON SNELL: I'll second that. All in 12 favor? Aye. 13 (ALL MEMBERS ANSWERED AYE.) 14 CHAIRPERSON SNELL: All against? 15 (NO RESPONSE.) 16 B. REPORT FROM INVESTMENT MONITOR 17 (Whereupon, Mr. Mulfinger went over his printed 18 report given to all board members related to the 19 account and managers.) 20 (Whereupon, Mr. Owens went over his printed 21 report given to all board members related to the 22 economy and earnings.) 23 (Whereupon, Mr. Mulfinger went over the 24 performance of the portfolio and individual 25 managers.) VERO BEACH COURT REPORTERS 772-231-2231 W 1 (Whereupon, Mr. McMurry added that he was still 2 awaiting approval in reference to asset 3 allocation as the custodian has not released them 4 as of yet.) 5 BOARD MEMBER KILLGORE: Yeah. I had, I had a 6 note to bring that up for a decision by the board. 7 (Whereupon, Mr. Mulfinger continued his 8 presentation.) 9 (Whereupon, Board Member Williamson asked 10 questions concerning the type of real estate the 11 board is invested in.) 12 (Whereupon, Mr. Mulfinger answered the questions 13 asked concerning the investment portfolio.) 14 C. REPORT FROM INVESTMENT MANAGER i5 (Whereupon, Mr. McMurry went through his history 16 for the new board members and then directed 17 attention to and presented his report submitted 1e to all board members.) 19 (Whereupon, Board Member Killgore asked about 20 Steven Stack wanting to split the money within 21 large -cap growth and core value.) 22 MR. McMURRY: Uh-huh. And that's what we agreed 23 to last time. 24 MS. JENSEN: So you wanted to open another 25 account up? VERO BEACH COURT REPORTERS 772-231-2231 1 MR. McMURRY: It's been open but they wouldn't 2 let us make the transfer. The authority has to come from 3 the board according to -- We fought with them. 4 BOARD MEMBER KILLGORE: They thought it was 5 acted on at the last meeting and I don't know if -- 6 MR. McMURRY: It was. 7 BOARD MEMBER KILLGORE: There was discussion 8 from the -- 9 MR. McMURRY: But they said they need a letter to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from you guys. BOARD MEMBER KILLGORE: Well, it didn't get in the minutes so I don't recall the discussion so I wasn't comfortable in making the transfer. MR. McMURRY: Gotcha. Okay. Okay. Okay. BOARD MEMBER KILLGORE: So I think the board members need to understood what we're doing here and say it's okay to do this. (Whereupon, further discussion of this matter was had by the board.) CHAIRPERSON SNELL: Do we need to do a motion on it or... BOARD MEMBER KILLGORE: Probably be best just to make a motion, yeah, would be the easy -- fairest way. CHAIRPERSON SNELL: I don't know exactly now how to word that motion. VERO BEACH COURT REPORTERS 772-231-2231 10 11 1 MR. MULFINGER: You approve rebalancing to your 2 policy in large -cap value and large -cap growth space, 3 that's all it is. 4 MS. JENSEN: Somebody could just say so moved. 5 CHAIRPERSON SNELL: Kindly repeat that for us. 6 MR, MULFINGER: Sure. You're approving 7 rebalancing to your policy for the large -cap 8 value/large-cap growth. 9 CHAIRPERSON SNELL: Whatever Charlie just said, 10 I make a motion to do that. 11 BOARD MEMBER KILLGORE: I would second that 12 motion. 13 CHAIRPERSON SNELL: All in favor? Aye. 14 (ALL MEMBERS ANSWERED AYE.) 15 CHAIRPERSON SNELL: All against? 16 (NO RESPONSE.) 17 D. CONSIDERATION OF REPLACEMENT FOR PENSION BOARD 18 ATTORNEY 19 (Whereupon, background was given by Mr. Dehner 20 and recommendations by board approval for 21 assignment of his remaining contract term to 22 Klausner, Kaufman, Jensen & Levinson as new 23 counsel.) 24 (Whereupon, Board Member Killgore asked where the 25 firm is located and is there a contract period.) VERO BEACH COURT REPORTERS 772-231-2231 12 1 (Whereupon, Board Member Killgore's questions 2 were answered by Mr. Dehner & Ms. Jensen.) 3 (Whereupon, Board Member Killgore asked whether 4 the board needed to have a secretary nominated.) 5 (Whereupon, Mr. Dehner answered in the 6 affirmative as per the statute.) 7 BOARD MEMBER KILLGORE: So you want to take 8 nominations for secretary? 9 CHAIRPERSON SNELL: How about that? Anybody... 10 nominations for any secretaries? Anybody want to nominate 11 someone or interest in it? 12 MR. McMURRY: Chris, nobody's going to 13 volunteer, man. 14 (LAUGHS.) 15 CHAIRPERSON SNELL: All I know is it's not going 16 to be me, obviously. 17 BOARD MEMBER KILLGORE: I would volunteer. 18 CHAIRPERSON SNELL: Okay. Then, I will make 19 motion to nominate Ken Killgore for the secretary for the 20 pension board. 21 BOARD MEMBER VICARS: I'll second that. 22 CHAIRPERSON SNELL: All in favor? Aye. 23 (ALL MEMBERS ANSWERED AYE.) 24 CHAIRPERSON SNELL: All against? 25 (NO RESPONSE.) VERO BEACH COURT REPORTERS 772-231-2231 13 2 MR. DEHNER: Okay. And I would also suggest 3 that you by motion designate a records' management officer 4 and if you do that we will prepare resolutions so 5 indicating that you've chosen someone for that position 6 and without records and pension Form GS1-SL and you'll be 7 in compliance with that portion of law and that will be 8 filed with the division of retirement. 9 So however you choose -- you've already chosen 10 your secretary. If you would like Ken to perform the duties 11 of records' manager, he's not an officer also, I would 12 recommend that you do that today and adopt that record and 13 pension schedule you mentioned and then we'll send a 14 resolution for... to be signed. 15 CHAIRPERSON SNELL: I would make a motion to 16 recommend Ken for that position. 17 BOARD MEMBER KILLGORE: I can retire from my 18 regular job. 19 (LAUGHS.) 20 BOARD MEMBER WILLIAMSON: I will second that. 21 CHAIRPERSON SNELL: All in favor? Aye. 22 (ALL MEMBERS ANSWERED AYE.) 23 CHAIRPERSON SNELL: Against? 24 (NO RESPONSE.) 25 (Whereupon, Ms. Jensen asked if anyone had VERO BEACH COURT REPORTERS 772-231-2231 1 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 questions for her or would like to talk about their work or experience.) (Whereupon, Board Member Killgore asked questions in reference to other clients of Ms. Jensen's in the area and also for coordination of meetings.) BOARD MEMBER KILLGORE: I would make the motion to approve the... MR. DEHNER: The assignment. BOARD MEMBER KILLGORE: ... the consent to assignment. MR. DEHNER: Yes. BOARD MEMBER KILLGORE: And employ then Klausner, Kaufman, Jensen & Levinson. MR. DEHNER: Yes. CHAIRPERSON SNELL: I'll second that motion. All in favor? Aye. (ALL MEMBERS ANSWERED AYE.) CHAIRPERSON SNELL: All against? (NO RESPONSE.) E. CONSIDERATION OF SPECIAL MEETING IN JANUARY TO REVIEW ACTUARIAL REPORT (Whereupon, this Item was skipped in order as Mr. Dehner moved on to legal updates.) F. LEGAL UPDATES MR. DEHNER: Okay. Yeah. That's fine. Because VERO BEACH COURT REPORTERS 772-231-2231 14 15 1 I only have a couple of other items. And we've talked 2 about these before. When it went through the legislature 3 earlier this year it was Senate delayed. 4 After, it was adopted as the amendment to Chapter 5 119, which is the Public Record Statute, and it spun a 6 couple things that are significant for us: No. 1, it 7 provides if a civil suit for records as well as before they 8 file, the attorney would not be eligible for attorney's fees 9 for cost. Apparently, that has been abused quite a bit in 10 the state. That's the reason for that. 11 Next, you need to, if we haven't done it yet, post 12 on the door of the facility where most pension business is 13 conducted, the: No. 1, the fact that it is the facility; 14 and No. 2, you need to identify who should be contacted with 15 a public records' request, which I would think that would 16 probably be Ken; also, that same information, the location 17 where the pension business is going to be conducted, that 16 needs to go on the website as well as the individual who 19 needs to be contacted. Okay. Do you know if we've done 20 that yet? 21 BOARD MEMBER KILLGORE: We have not, Lee. 22 MR. DEHNER: Okay. Well, anytime now, the 23 sooner the better, and it should be done. 24 BOARD MEMBER KILLGORE: We will take care of it. 25 MR. DEHNER: Okay. And the last item since VERO BEACH COURT REPORTERS 772-231-2231 1 we're having some activity with trustees, some leaving, 2 some coming on board, for trustees who've stepped down, 3 the Form 1F, final disclosure, needs to be filed. And for 4 a trustee who is newly on board, they need to file within 5 30 days a Form 1, just as you all have to do by July 1. 6 BOARD MEMBER KILLGORE: Yeah. I think our city 7 clerks helps particularly with new members to make sure 8 they get started off right but I will follow-up, like, on 9 Steve to make sure here's aware of that. 10 MR. DEHNER: Yeah that would be a good idea. 11 And has he had his official last day yet? 12 BOARD MEMBER KILLGORE: Yeah. He was off at the 13 end of October. 14 MR. DEHNER: Okay. Well, then, in his case you 15 just need the final disclosure. The person that steps 16 down from the board between January and July, they will 17 need to do two filings: IF, final disclosure and the Form 18 1 disclosure that you all file by July 1. 19 BOARD MEMBER KILLGORE: Right. 20 MR. DEHNER: And that's it. 21 (Whereupon, Chairperson moved back to Item E.) 22 (Whereupon, Board Member Killgore explained the 23 actuary report would not be ready until the end 24 of December 2017 and that a special meeting will 25 need to be held January 2018, date to be VERO BEACH COURT REPORTERS 772-231-2231 17 1 determined.) 2 G. BOARD MEMBER REPORTS AND COMMENTS 3 (Whereupon, Board Member Williamson stated he 4 would be moving outside the city limits and would 5 have to resign from the board as it holds a 6 nonresident already.) 7 (Whereupon, Board Member Killgore asked to resign 8 so that the position could be held by Mr. 9 Williamson.) 10 (Whereupon, Ms. Jensen stated that a new 11 secretary needed to be appointed.) 12 (Whereupon, Board Member Gillette was appointed 13 secretary.) 14 (Whereupon, Board Member Vicars spoke about the 15 pension seminar that is a requirement and the 16 manual is available on the State Department Of 17 Pension's website.) 18 H. NEXT QUARTERLY MEETING: MARCH 20, 2018 19 (Whereupon, Chairperson Snell recited the date of 20 the next quarterly meeting, asked if there was 21 anything further, no response was given, and 22 adjourned the meeting.) 23 (Thereupon, at 11:27 a.m., the above -entitled 24 matter was concluded.) 25 VERO BEACH COURT REPORTERS 772-231-2231 1 STATE OF FLORIDA ) SS 2 COUNTY OF INDIAN RIVER ) 3 d 5 6 MEETING CERTIFICATE 7 8 9 I, GREGORY CAMPBELL, Notary Public of the State of 10 Florida at large, certify that I was authorized to and did 11 stenographically report the foregoing proceedings and that 12 the transcript is an excerpt of my stenographic notes. 13 DATED this 22ND day of DECEMBER,_2017. 14 15 16 GREG RY,eAMPBELL, COURT REPORf''R 17 Commission No. EE 907742 My Commission Expires 8/6/2019 18 19 20 21 22 23 24 25 VERO BEACH COURT REPORTERS 772-231-2231 18