HomeMy WebLinkAbout06-16-2020 MinutesCITY OF SEBASTIAN
POLICE PENSION BOARD
MINUTES OF REGULAR QUARTERLY MEETING
JUNE 16, 2020
Call to Order — Chairman Gillette called the meeting to order at 10:00 a.m.
IL Roll Call:
Present (via Zoom technoloov)
Board Members:
Jason Gillette
Paul Williamson
Tim Wood
Albert lovino
Andrea Ring
Also Present (via Zoom technoloov)
Stuart Kaufman, Klausner, Kaufman, Jensen & Levinson, Attorney for the Board
of Trustees
Ken Killgore, Plan Administrator
Andy Mcllvaine, Morgan Stanley
Mindy Johnson, Salem Trust
Todd Wishnia, Highland Capital
Janet Graham, Technical Writer
III. Vote to Excuse Absent Board Member — None
IV. Aooroval of Minutes — Regular Meeting of April 24, 2020
Chairman Gillette asked if there were any changes or corrections to the Minutes of April
24, 2020 as presented. Hearing none, Chairman Gillette called for a motion to accept the
Minutes as written. Motion to accept the Minutes as presented was made by Mr. lovino,
seconded by Mr. Wood, and approved unanimously via voice vote.
V. Old Business
A. Approval of Payments — Ken Kilgore, Plan Administrator
I. Foster and Foster — Reports and Experience Study $20,663.00
ii. Foster and Foster — State Requirements 7,301.00
III, Renaissance — January/March Fixed Income 1,332.50
IV. Boston Partners -- January/March Fixed Income 1,807.40
V. Fiera Capital -- January/March Equities 1,268.73
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vi. Brookfield Public Securities Group — January/March $ 346.77
vii. Morgan Stanley Consulting — January/March 3,375.00
viii. Klausner, Kaufman, Jensen & Levinson — April/May 2,390.00
ix. City of Sebastian — January/June Administration 12,000.00
X. Salem Trust -- January/March 5,515.00
Motion to approve the payments as listed above was made by Mr. Williamson, seconded
by Mr. lovino, and approved unanimously via voice vote.
B. Salem Trust Custodial Fees and Organizational Changes
Ms. Mindy Johnson, Salem Trust, stated there has been a lot of activity at Salem Trust
over the past year. She reviewed that last year in April Salem was purchased by a
company called '@MI TMI Trust. Operationally, things were switched over to the new
company back office. There were no personnel changes. There was a very aggressive
campaign with the money managers to make sure they were on board and had the new
delivery instructions. She stated that, for the most part, it went pretty well. She could not
recall that there were any major issues. She stated the new ownership has been great
to work with. The employees have been working remotely since the middle of March save
for a skeleton crew who comes in to take care of things like checks, etc. She related that
there have been no fee changes as of this time. She called for questions from anyone.
Mr. Killgore commented regarding the statements that were received from online for April
and May, the balance brought forward was different from the ending balance from the
previous month. There was an adjustment on the May statement, but he stated there is
still owed an adjustment for the end -of -May balance. Ms. Johnson said she will look into
that, and she will contact Mr. Killgore about the matter.
C. Cyber Insurance and Contract Amendments
Mr. Killgore described that Ann Marie Frazier is the Procurement Manager for the City.
She has been tasked with following through with all the contracts the City has with the
money managers and other providers. She is also tasked with amending contracts and
requiring the cyber liability insurance. The City had attempted to get $2 million coverage
from each of the providers. At this point, there are a couple of the providers —one being
Brookfield, the other being Foster and Foster —who say they only have $1 million
coverage, and they want a buy on that level of insurance. The others have the $2 million
with the exception that he has not heard from Morgan Stanley. He pointed out that
Brookfield has the least amount of money that the pension has invested at less than half
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a million. So he is asking the board if a million dollars of coverage in their case would be
adequate. Foster and Foster has stated that for all their accounts they only have the $1
million coverage, and they do not intend to change that. It is a judgment call whether the
Board wants to insist on the $2 million coverage or are satisfied with the $1 million level.
Stuart Kaufman commented that, with regard to Brookfield, the investment manager, he
is comfortable with $1 million, in that they really do not have any personal identifying
information or anything that would really need to be concerned with a cyber breach of
data. They really do not hold the money; they just make the trades and advise Salem to
carry out the trades. Regarding Foster and Foster, they came out with a memo that set
forth all the security they were. providing. His firm has had other clients as well complain
about that $1 million, so the suggestion was to allow counsel to speak with Brad Heinrichs
of Foster and Foster and see if we could get them to increase it. They have so many
clients so that one major breach is going to affect a litany of clients, and they could eat
through the $1 million pretty quickly. So his firm will ask Foster and Foster to have at
least $2 million coverage if not more.
Regarding Morgan Stanley, Mr. Williamson inquired if they have personal information on
all the members of the Pension Plan, or do they only have the investment part. Mr.
Killgore stated they only review the investments and only have access to the financial
records, not the individual participants. Mr. Killgore stated he has had trouble connecting
with anyone at Morgan Stanley that could reply to him. Mr. Mcllvaine stated he will get
an answer for Mr. Killgore.
Mr. Killgore asked if the Board would be comfortable with simple amendments of perhaps
two pages, adding the insurance requirement and making sure there is more of a
standardized language in all the contracts. He stated all these can be brought back at
the next Board meeting, or the Board could give a blanket approval for the Chairperson
to sign off on the amendments.
A motion allowing Jason Gillette, Chairperson, to sign off on the amendments was made
by Mr. lovino, seconded by Mr. Williamson, and approved unanimously via voice vote.
D. Formal Approval of Summary Plan Description
Mr. Killgore stated that this item was to be addressed at the next meeting after the March
meeting. Due to the virus, that did not happen. Mr. Kaufman stated the changes were
mostly grammatical in nature. The only thing that was substantive had to do with the
change in the divorce laws —that any alimony paid to an ex -spouse is no longer tax
deductible. Other than that, Exhibit A, Board of Trustees, needs to be updated. If the
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Board will approve these updates to the Summary Plan Description, it will be finalized
and gotten to Mr. Killgore for distribution. Mr. Killgore concurred.
A motion approving the updates to the Summary Plan Description was made by Mr.
Williamson, seconded by Mr. Wood, and approved unanimously via voice vote.
E. Formal Approval of Investment Policy Goals and Guidelines
Mr. Killgore stated this has also been drafted as of March 17th, but it never actually got
on the agendas for the Board's approval. All he has presently is the red -lined copy. He
will pursue getting the actual updated document. If there are no issues on this, he would
like a formal motion on approving the Investment Policy Goals and Guidelines. Mr.
Kaufman stated this document is legally sufficient. The only substantive change is on
page 3 of the policy where it says Instead of the actual assumed rate of 7.6, the
generalized term of whatever the actuarial rate actually is will be used, so it's not
necessary to keep adjusting it every time the discount rate is changed.
A motion approving the Investment Policy Goals and Guidelines was made by Mr. lovino,
seconded by Mr. Williamson, and approved unanimously via voice vote.
F. Formal Approval of Operating Rules
Mr. Killgore stated he has included the last update of these rules which is dated December
18, 2018. He stated he does not think there has been action to formally adopt these. Mr.
Kaufman stated there are no changes that need to be made presently.
A motion to approve the Operating Rules was made by Mr. lovino, seconded by Mr.
Wood, and approved unanimously via voice vote.
VI. Public Input
Mr. Killgore stated he has not received any correspondence or questions via email from
the public.
VII. New Business
A. Report from Investment Monitor/Continue Discussion on Manager Search
Mr. Andy Mcllvaine stated he is filling in for Scott Owens at this meeting. Mr. Mcllvaine
stated it has been an unusual time for the markets. He reviewed that at the last meeting
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on April 24, discussion was had regarding the first quarter numbers. He stated his plan
is to go over where the pension plan is today. He recapped what took place during the
first quarter. He reiterated the plan was down 17.4% on the quarter. Now, looking at
April, that month was actually one of the best Aprils since the 1970s. The Mayjobs report
was also positive. The S&P 500 year to date was down, but down only 2.5%. The
NASDAQ is actually positive on the year. There has been a very nice comeback in a very
short time. The Plan's accounts have actually gone up by 13%, and the Plan as of the
end of May was $15.944 million. He reviewed data regarding the Asset Allocation, which
is positive to date at 13%. Regarding the individual managers, five out of the eight of
them are actually outperforming their benchmarks. All sections are in compliance with
the exception of Highland Large Growth, which is just outside the range of 25%. In order
to be in compliance, he suggested moving this by taking it from Highland Large Value
and adjusting it to the target of 21.25%. He then suggested reducing Highland Large
Growth, not to the target but just by 1.41%. He suggested getting out of MLPs, but since
this is the middle of the quarter, he would like to table that in order to see how the
managers perform over a full quarter. He further reviewed how the COVID-19 virus has
been and will be affecting the markets, and how hard it is to predict future figures based
on the virus. He stated it is the consensus that once the economy opens back up fully,
the markets will be where they were before the virus. He pointed out that the market
activity was not because of a financial crisis, but because of a health -related crisis.
Mr. Mcllvaine recommended that the Plan adhere to the investment policy statement and
get the Highland Large Growth below 25. He stated that would be the only
recommendation he would make at this time. He recommended that discussion regarding
a search for Renaissance International Growth and Highland Large Cap Growth be held
at the next meeting as well as looking at passive options and discussing MI -Ps.
Regarding the rebalancing of the Highland Large Growth funds, a Motion was made by
Mr. Gillette, seconded by Mr. Wood, and approved unanimously via voice vote.
B. Report from Investment Manager — Highland Capital
Mr. Wishnia, Highland Capital, reviewed the updated performance that was described by
Mr. Mcllvaine. His update runs through yesterday's close of business. He reviewed that
the international is up 17.86% through yesterday against the index at about 13%.
Hopefully, the quarter will end on a high note, and that will make the fiscal year better
through this quarter. Regarding growth, he is aware that growth has been a very
frustrating portfolio. At the end of the quarter, a new portfolio manager was implemented,
who made some changes to the portfolio. The previous manager was holding a lot of
securities. That has been narrowed down to where there are now approximately 68
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holdings. He opined that they were spreading themselves too thin previously. Now, they
are a bit more targeted. He is aware it has been frustrating over the last few years as far
as performance goes. They are aware, and they have made some changes. Currently,
this quarter the plan is up 63 basis points over the index as of yesterday. He is happy
that the changes that were made have been beneficial. As to value, the Plan is pretty
much even with the index. Right now, it is up about 11 basis points for the quarter.
He reviewed things which have impacted performance somewhat. Last quarter was the
worst loss for stocks since 2008. Highland holds a value portfolio and a growth portfolio.
During these times, value would be expected to hold up a little better. That was not the
case. The growth index outperformed value by about 13%. Year-to-date growth has
outperformed value by about 21%. A bit of rotation into value is being seen. Through
mid -May, values outperformed by about 3%.
Some of the sectors that influence performance include energy, which is a big part of the
value of the index. Energy was down 50% last quarter. It has come back nicely to being
up about 40%. Almost everything is as a result of the virus, which caused a global
situation. He reviewed that during the first quarter, they were overweight energy. They
cut back, and now they are just slightly underweight energy for this quarter. Another
sector is health care, which is about 15% of the value index and 15% of the growth index.
Industrials includes aerospace, building products, electrical equipment, etc. With a
downturn in industrial output and manufacturing, industrials are not going to do well.
There was a $1 trillion infrastructure plan that will be announced. He thinks that will have
a substantial affect on industrials. Financials are a big part of the value index and make
up about 21%. When interest rates are low, that is going to hurt financial institutions.
Since financials are a big part of the value index, that is a big reason why values
underperformed growth for the quarter. Technology, which is about 35% of the growth
index, is really what has been moving the market over the last few years. He stated they
have been advancing and outperforming the index on the up days and falling short on the
down days during this period.
He reviewed that for the fiscal year, the Highland portion of the portfolio is up 2.83%
through yesterday's close of business. There were no questions from the Board regarding
Mr. Wishnia's presentation.
Vill. Lecal Updates -- Klausner, Kaufman, Jensen & Levinson
Proposed City Ordinance Amending the Plan for New IRS Rules
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Mr. Kaufman stated back in December of 2019, President Trump had signed off on what
is called the SECURE Act, which had a change to the tax code. It has been long-
established tax law that an individual has to start taking a required distribution by the time
they turn age 70-1/2. That age limit was changed from 70-1/2 to age 72. So that requires
a change to the Ordinance to change the age. That is the Ordinance that has been
drafted. Rather going back to the City every time there is a change in the Tax Code, the
Ordinance also provides that his firm can take care of updating the plan as it relates to
tax issues on a plan basis rather than a City basis. It also provides that his firm can make
any tax changes by administrative policy of the Board rather than going back to the City
for an ordinance revision. Any time there is an ordinance that goes forward, there is
needed a tax statement from the actuary, so the impact statement will need to be gotten,
which will be a one -sentence impact statement saying that there is no impact whatsoever
to the Plan. There is no urgency on this matter, and it can be taken care of at an upcoming
meeting.
Mr. Killgore stated he would be glad to introduce that to the City Manager and get it
scheduled for a future council meeting. He will forward this to Foster and Foster for their
review. Mr. Kaufman stated there is no time limit for completing the procedure.
2. COVID-19 Message — Extension of Virtual Meetings Updates #4 and 5
Regarding the COVID memo extensions that his firm has put out, the executive order
suspending the Sunshine Law as it relates to being allowed to meet virtually is set to
expire currently on July 7th. So it will have to be seen whether the governor is going to
extend that or whether it is going to sunset. If so, it will be required that the Board will
have to meet in person. When July rolls around, he will have a better idea whether the
Board will have a meeting in person.
3. Families First Coronavirus Response Act
This is really a health -insurance -related issue rather than a pension fund issue, with the
main takeaway being that any testing for the coronavirus, both the actual test to determine
whether or not you have coronavirus or any antibody test, needs to be covered in its
entirety by the individual's health insurance plan, whatever that may be. There is no
action needed by the Pension Plan. It is just for informational purposes.
4. Other Legal Matters
Mr. Kaufman stated his firm still has not made a determination of when their office is going
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to be reopened. Hopefully, things will be back to normal soon so that the next meeting
will be held in person.
Vlll. Board Member Reports and Comments
Mr. Killgore welcomed Ms. Ring as a new member of the Board.
Ms. Ring asked regarding the need for her to take classes for this position. She asked
for a list of the classes she needs to take. Mr. Killgore stated he would get that together
for her. He stated there is one a year that is totally free and another one that has a fee.
Mr. Kaufman stated the Division of Retirement normally puts on two classes a year for
which there is no registration fee. The Fund does pay all travel expenses related to
educational seminars. There is also the Florida Pension Trustees Association who will
have their next conference coming up in October. He stated that his firm puts on a client
conference each year. It was set for two weeks ago, and it was not held because of the
pandemic. Next spring, the information on that will be disseminated. It is a 2-1/2-day
seminar. There is no fee for that. Mr. Killgore asked if the other meetings Mr. Kaufman
mentioned require members to attend in person. Mr. Kaufman stated that presently the
FPPTA plans to have an in -person conference in October. He stated he thinks it is
October 4th thru the 7th. If one goes to their website, they are also having virtual learning
sessions as well that anyone can join and listen to their webinars. Mr. Killgore will get the
information to all board members.
IX. Plan Administrator Reports and Comments
A. Review of Administrative Expenses
Mr. Killgore stated an error was made on the budget information. The experience study
update with Foster and Foster was not budgeted. He tried to take the $15,000.00 that
had been budgeted as a contingency and reduce it by the $7,500.00 and create a budget
for the experience study separately to cover that cost. He stated he made a mistake in
adjusting those numbers. So the current budget for contingency is down to $7,500.00,
and the experience study is currently $7,500.00. Other than that, everything else is in
line with what was budgeted.
B. Review of Annual Calendar of Board Activities
Selection of Board Chairman and Secretary (every two years)
Mr. Killgore stated that, according to the Plan's operating rules, selection of the Board
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Chairman and Secretary is done every two years. He asked for a motion to select a new
Chairperson. A motion nominating Jason Gillette to be reelected as Chairperson was
made by Mr. Wood, seconded by Mr. Patterson, and approved unanimously via voice
vote. Mr. Killgore called for a motion to select a new Secretary. Ms. Vicars has resigned,
so that position needs to be filled. Discussion was had regarding the duties of the
Secretary. A motion nominating Mr. Woods as Secretary was made by Mr. Gillette,
seconded by Mr. Patterson, and approved unanimously via voice vote.
C. Other Administrative Matters
Mr. Kaufman reminded the Board that the financial disclosure forms need to be filed by
July 1st. If the forms are not filed by September 1st, a penalty is activated of $25.00 a
day up to $1,500.00. He reminded Ms. Ring that, once she becomes a trustee, she is
also required to file the financial form within 30 days of taking her seat as a trustee. Ms.
Ring stated she had already filed one form, which Mr. Kaufman stated was likely the
financial disclosure form.
X. Next Scheduled Quarterly Meeting -- September 15, 2020
XI. Adjournment
There being no further business, the meeting was adjourned by Chairperson Gillette at
11:10 a.m.
*Approved as amended on Page 2
By: J�Jas'on
Date: 9A Gillette
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