HomeMy WebLinkAbout12152009 PRB Sebastian Police Pension Board Minutes — DRAFT
December 15, 2009, 1000hrs Sebastian City Council Chambers
TYPE OF MEETING: Regularly Scheduled
NOTE TAKER: Harry Tanner
ATTENDEES: Harry Tanner, Dan Acosta,Dennis Havasse,
Debra Krueger
Absent/Excused: Absent, Richard Taracka
Agenda topics:
TIME: 10 a.m. SUBJECT
Call to order:
The meeting was called to order by Debra Krueger at 10 a.m.
TIME: 10 a.m. SUBJECT
Administrative Business:
Board members, Harry Tanner, Dan Acosta, and Dennis Havasse were
introduced.
The election results for Dan Acosta and Dennis Havasse was certified.
An election for Board Elected Member was held. A Memorandum from
Jeanette Williams, Board Coordinator, dated Nov.2, 2009, containing
the press release for the Board opening, dated 10/02/2009, and the
following applications and resumes of persons who applied for this
position; John T. Barrett, Judy S. Bastian, Jeffery P. Battista Esq., Gary
Helms, Debra Krueger, and, Robert S. Thibodeau, were distributed to
the Board.
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Debra Krueger was nominated to be the 5th Board member by Dennis
Havasse, and seconded by Harry Tanner, voted in unanimously.
An election was held for Board Chairman. Dennis Havasse was
nominated by Debra Krueger, and seconded by Harry Tanner, voted in
unanimously.
An election was held for Board Secretary. Harry Tanner was nominated
by Debra Krueger and seconded by Dennis Havasse, voted in
unanimously.
The minutes of the 9/15/2009 meetin g were reviewed and a motion to
approve the minutes was made by Debra Kruger and seconded by
Harry Tanner, minutes unanimously approved.
Debra Krueger explained the requirement for education of Board
members and said she would make the arrangements.
Atty. Lee Dehner explained the law as it relates to the Sunshine Law,
Public Records Law, and that the personal information of Police
Officer's is not Public Record and is not to be disclosed.
Debra Krueger and Atty. Lee Dehner advised the members that
financial disclosure forms must be submitted by new members, and,
thereafter by:July 1, for the prior calendar year. A member who leaves
the board must also file a final disclosure form.
Atty. Lee Dehner advised that an IRS Public Pension Plan Survey could
be mailed to any member and if it is received it should immediately be
forwarded to Debra Krueger for Lee's attention. If we get the survey it
needs to be responded to within 90 days.
TIME: 10:45 a.m. SUBJECT
Attorneys Report
Atty. Lee Dehner presented a draft of a proposed City Ordinance.
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Items: 1,4,5,6,7,8,9,10,11,&12, are matters pertaining to Federal Law or
Internal Revenue Code requirements.
Item 2 is an amendment to increase the terms of office for the members
of the Board from two to four years.
Item 3 is an amendment to allow the Board to permit equity investment
of up to 70% at market value of the fund's assets. This is an increase
from the current 50%.
Ordinance Discussion:
Item 2. The purpose of the change in length of term was discussed and
it was considered that due to the nature of the Boards work, the
educational requirements, and the knowledge curve needed to perform
the fiduciary duties, a four year term would better serve the interests of
the funds participants and their beneficiaries.
Item 3. In answer to a question; why change the equity investments
from 50% to 70%, Steven Stack from ICC Capital Management stated;
recent changes in Florida laws allowed a 25% investment in foreign
equities, and this Ordinance change would provide the necessary leeway
if such investments were to be made.
INDEMNIFICATION
A discussion was held regarding Indemnification of Board members by
the City. What was discussed, was, since members have a fiduciary
responsibility, this could open the door to a law suit that the board
members could be responsible to pay should their be a complaint
concerning fund losses. The attorney was asked to include language in
the Ordinance to provide indemnification protection for the Board
members.
A vote was held to request the City Council to consider and approve the
Ordinance including indemnification language.
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A motion was made by Harry Tanner and seconded by Debra Krueger
to forward this on to the City Council. The motion passed unanimously.
TIME: 11:30 SUBJECT
Wells Fargo Advisors Report
Peter A. Goodridge presented and explained the Wells Fargo
Investment Performance Analysis report for the period ending
09/30/2009. He confirmed the accuracy of the ICC Capital
Management's Investment Review of the Sebastian Police Officer's
Retirement Fund for the Quarter Ending, September 30, 2009.
The fund had a return for the quarter ending 09/30/2009 of 8.6%.
The fund outperformed the comparable weighted Indexes and
underperformed the Policy for the 09/30/2009 quarter.
The fund underperformed the Indexes and the Policy for the one year
period ending 09/30/09 quarter.
The fund underperformed the Indexes and the Policy for the three year
period ending 09/30/2009 quarter.
As of 09/30/09 the fund was allocated 43.9% in equities (stocks), 44.5%
in fixed income (bonds), and 11.7% in cash equivalents (money
markets). These figures are all at market value. The cash position
declined by 3%, and the equity position increased by 3%, since the end
of the last quarter.
As of 09/30/09 the portfolio is fully compliant with the current
investment policy.
Motion to accept the report made by Debra Krueger seconded by
Dennis Havasse, motion passed unanimously.
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TIME: 12:05 SUBJECT
Portfolio Managers Report
Steven Stack presented ICC Capital Management's, Sebastian Police
Officers' Retirement Fund Investment Review for the quarter ending
09/30/2009.
Report Discussion:
It was asked why the Portfolio cash was at 11.7%? That, that, seems a
bit high? Steve Stack stated that the current amount since this report
was prepared has been reduced to about 6% cash. Because the recent
change was so recent he could not identify the investments just yet. But
did state the cash position of the fund had been reduced to about half of
what was reported for the Quarter ending 09/30/2009.
Having no other questions a motion to approve the report was made by
Debra Krueger and seconded by Harry Tanner. The motion passed
unanimously.
TIME: 12:30 SUBJECT
2010 Meeting Dates
Atty. Lee Dehner reported the dates for Board Meeting for 2010 were as
follows: 03/06/2010, 06/08/2010, 09/14/2010, 12/14/2010, at 10 a.m.
ACTION ITEMS PERSON RESPONSIBLE
Financial disclosure form for Dan Acosta. D. Krueger
Education arrangements for new members. D. Krueger
ADJOURNMENT
Having no further business for discussion, Chairman, Dennis Havasse
adjourned the meeting. Next meeting is 03/06/2010, at 10 a.m.
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