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Sebastian Police Pension Board Minutes: September 20, 2011,
10:00 a.m.
Sebastian City Managers Conference Room
TYPE OF MEETING: Regularly Scheduled
NOTE TAKER: Harry Tanner
ATTENDEES: Board Members:
Denis Hovasse, Chairman
Harry Tanner, Rec. Secretary
Robert Zomok
Debra Krueger
Dan Acosta
CONSULTANTS:
Peter Goodridge, Wells Fargo Advisor
Grant McMurry, ICC Capital Mgmt. (Portfolio Manager)
Lee Dehner, Attorney (delayed arrival until 10:15 a.m.)
SUBJECT
CALL TO ORDER
TIME: 10:05 a.m. A quorum being present the meeting was called to order by
Chairman, Denis Hovasse.
SUBJECT
APPROVAL OF MINUTES
TIME: 10:05 a.m. Denis Hovasse made a motion to approve the minutes of the
June 14, 2011, meeting, seconded by Robert Zomok, unanimously approved by
the Board.
SUBJECT
AGENDA
Because of the absence of our attorney the agenda was set aside until his arrival
at 10:15 a.m.
NEW BUSINESS
SUBJECT
RESIGNATIONS AND NEW BOARD MEMBERS
10:05 a.m. The board was informed of the pending resignations of Board
Members, Denis Hovasse and Dan Acosta, both members being the
representatives of the Police on the Board. Their replacements were present
awaiting arrival of the Police Officers Certified Vote count placing them on the
Board. They are; Steve Marcinik, and, Greg Witt.
The new members were introduced to the consultants and briefed on the
consultant's functions, duties, and responsibilities.
They remained in attendance as observers.
Denis and Dan remained as part of the Board meeting.
SUBJECT
FUND REVIEW
10:15 a.m. Grant McMurry reports our funds return for the Quarter ending
June 30, 2011 did not meet the index's they are compared to. Asset allocations
were discussed and the graphs on page 3 of ICC's investment report were
reviewed and discussed. Grant believes as he did in June that the equity market
is the market to be in. He reports the present quarter which is about to end has
also not been good, and he still believes the equities market is the place to
invest.
Financial investments were addressed and it was asked if the problem with
Europe's banks might not be a risk to US financial institutions. Grant said US
institutions have disclosed their foreign risk as it pertains to Europe and they
are not at risk.
Grant was asked about stable income accounts and Grant said they are
accounts that are backed by insurance and that at this time the insurance is
high. In the future they are an idea to look at.
Grant stated the fund would be selling some bonds that were downgraded and
fell below the Investment Policy limits.
Lee Dehner stated the policy to sell these bonds is outlined in our Investment
Policy as follows: they will be sold at the earliest beneficial opportunity.
The question of accountability and the idea of who watches out for schemes
such as "pay to play" was asked. Peter Goodrich stated that is his, Wells
Fargo's, area of responsibility.
SUBJECT
INVESTMENT PERFORMANCE REVIEW
Peter Goodridge, Well's Fargo Advisor, provided a Fund report for the 2"d
Quarter ending June 30, 2011. It showed a negative return of(-.69%). The fund
was invested, 48% stock, 43% bonds, and 9% cash.
Peter discussed the 3 Corporate Bonds recently downgraded below our
Investment Policy that need to be divested. The divesture was discussed during
the Fund Review above and will take place at the earliest beneficial time.
OLD BUSINESS
SUBJECT
WELLS FARGO INVESTMENT CONTRACT UPDATE
11:10 a.m. Peter Goodridge and Lee Dehner report they are almost in
agreement on the contract with Wells Fargo.
A discussion was held to identify what is not in agreement and Lee outlined the
issues discussed last meeting and stated at this time there are two issues not in
agreement. Lee stated the following issues;
1. The standard of liability desired by Wells Fargo is less than the standard the
Board is held to and Lee said he wants Wells Fargo to accept a higher standard.
2. Waving a jury trial when agreement can not be reached.
The issues were discussed and Lee stated he is not asking for anything from
Wells Fargo that he does not get for other funds he represents.
The following votes were taken as direction from the Board to our Attorney:
Debra Krueger motioned to require the higher standard to Wells Fargo's
liability. Seconded by Robert Zomok, voice vote passed unanimously.
Debra Krueger motioned to not require a jury trial.
Robert Zomok asked to amend the motion to include the words if Wells Fargo
accepts the higher standard clause as higher standards and jury trials are
connected.
Debra amended the motion to not require a jury trial if Wells Fargo accepts the
higher standard clause.
Motioned seconded by Harry Tanner and passed unanimously by voice vote.
Lee will report at the December 2011 meeting the results of the contract.
SUBJECT
PROXY STATEMENT
Debra Krueger received the Proxy Report back from Robert Zomok.
Grant reports that at the last meeting we asked if we could get the proxy
statement voting information before the vote and Grant reports this would have
to be done on a monthly basis and he will see if he can work out a way to e-mail
each Board member with the information beforehand.
Grant will report at the next meeting how this is working out.
NEW BUSINESS
SUBJECT
PBA/CHAPTER 185 PLAN
Debra Krueger had questions for our attorney regarding the tentative changes
to the Chapter 185 Plan. The basic idea of the questions and answers were as
follows:
1. Does the change in the accrual factor from 3 to 2% for new employees result
in a status change from an amended Chapter 185 Plan to a Local Law Plan?
Answer, yes, all members will be in a Local Law Plan.
2. Is there a possibility for employee contributions to increase from 5 to 8%
based on the taxable value of the city on July 1, for officers hired before
10/1/11?
Answer, yes.
3. Under a Local Law Plan what happens with the insurance premium
distribution?
Answer, It is used to fund pension benefits.
4. Guidance on SB1128, to be provided under Attorneys Report.
SUBJECT
ATTORNEYS REPORT
FINANCIAL DISCLOSURE STATEMENTS
Lee Dehner reminded the departing Board members and the new incoming
Board members of their Financial Disclosure Statement filing requirements.
SB1128
Lee provided a memorandum, dated Aug 22, 2011, to the Board members,
covering benefit calculation issues.
Lee stated a most important aspect of the new Law which goes into effect when
all parties sign the Collective Bargaining Agreement (CBA) is the accrual factor
going from 3 to 2. And the loss of calculating unused sick leave, and, accrued
leave time in retirement calculations.
The PBA, CBA, is scheduled for a vote on September 27, 2011.
A question was asked about what happens with the State refunded insurance
monies under the Local Law Plan? Debra said it goes to the Plan for additional
benefits for Fund members.
Robert Zomok had questions about the proprietary of the Board discussing
these issues which involve collective bargaining between the City and the Union.
Lee advised that this sort or discussion is allowable and could lead to
suggestions from the Board as to what effect the new Law and the new CBA
will have on the Plan.
When the Law takes effect the retirement plan will change from a Chapter 185
Plan, to a Local Law Plan. Lee said we should set up a special meeting of the
Board to deal with the issues associated with changing to the Local Law Plan.
Discussion of the Plan was tabled until a special Board meeting scheduled for
October 18, 2011, at 10 a.m. in the Council Chamber, This was approved by the
Board. Debra Krueger will publish the appropriate announcement.
Debra asked Lee if the scheduling of our Actuary, Foster and Foster, to provide
the Board with a report should be delayed from a December presentation, and
be further discussed by the Board at the December meeting in light of the new
Laws pertaining to retirement. A discussion will be put on the December
meeting agenda by Debra.
Lee said an Actuary report for a Local Law Plan will be more expensive than it
had been under the Chapter 185 Plan.
12:10 p.m. The Chairman called for a break while we awaited the arrival the
election results for the two new members elected from the Police Department.
12:25 p.m. The election results were reported as follows. Five people ran for the
position with a total of 24 votes cast. #1, with 23 votes, was Greg Witt, and, #2,
with 12 votes was Steve Marcinik. Denis Hovasse made a motion to accept the
election results and Bob Zomok seconded. The result to accept was voted
unanimous by the board.
SUBJECT
ACTION ITEMS
ITEM RESPONSIBLE PERSON
Well Fargo Contract Goodridge/Dehner
Agenda for Dec. meeting to include Debra Krueger
a discussion on an actuary report?
Report on sale of downgraded bonds. Grant McMurry
How is E-Mail proxy Info. Working? Grant McMurry
Special Meeting public notice. Debra Krueger
SUBJECT
ADJURNMENT
12:30 p.m. Having no further business for discussion, Chairman,
Denis Hovasse adjourned the meeting.
Next meeting, Special Board Meeting, Tuesday, 10/18/2011, 10:00 a.m.
Next regularly scheduled meeting, Tuesday, 12/13/11, at 10 a.m.
Special Sebastian Police Pension Board Meeting Minutes: October 18, 2011,
10:00 a.m.
Sebastian City Council Chambers
TYPE OF MEETING: Special Call to Discuss Local Law Plan.
NOTE TAKER: Harry Tanner
ATTENDEES: Board Members:
Harry Tanner, Rec. Secretary
Robert Zomok
Debra Krueger
Greg Witt
EXCUSED Steve Marcinik
CONSULTANTS:
Grant McMurry, ICC Capital Mgmt. (Portfolio Manager)
Lee Dehner, Attorney
SUBJECT
CALL TO ORDER
10:00 a.m. There being a quorum present, Secretary Harry Tanner,
called the meeting to order. Having no Chairman; Harry Tanner made
a motion to nominate Debra Krueger to chair the meeting. The
motioned was seconded by Robert Zomak and passed unanimously.
10:00 a.m. Debra Krueger reported Board member Steve Marcinik had
requested an excusal for scheduled police training, it is granted.
10:05 a.m. Lee Dehner reports the PBA/CBA passed and we are
awaiting copies signed by all parties.
Greg asked if the Insurance Premium for 2011 goes up who says what to
do with and excess monies?
Answer: A majority vote of the membership, and the signing off on the
benefit expense by our actuary.
Lee needed direction from the Board on three benefit calculation issues
and then he will be able to bring the first draft copy of the Local Law
Plan back for Board review.
1. Restoration. The Board in a unanimous voice approval wants future
sick and leave time restored to the calculation, if calculated time was
used.
2. The Board wants the calculated sick and annual leave accrued hours
to be paid at the pay rate at the time of separation from the Force.
3. The Board wants the 300 overtime hours to be calculated on a Fiscal
year schedule. It was suggested to put a tickler notification system in
effect to notify officers when they are approaching the end of the hours
they can use for overtime pay.
The Board also requested the next Draft contain the following issues
approve by the Board.
ILBA
Military Service Buyback.
Prior Police Service Buyback, in or out of state as long as our standards
were met. Buyback monies can be paid within 6 months of the request
for the buyback. No Installment Pay Plan is to be used.
Greg asked about how requests for new benefits are processed in
formulating this new Plan. Lee told him the membership would make
the request in writing and then it would be considered by the Board.
Greg said he was going to bring back any request he gets from the
membership in writing to the December meeting.
Harry asked if the Local Law Plan could include the retirement age
being lowered to 44 years old or 25 years for an employee hired at age
19.
Lee said that is a major cost issue and would need actuary work to see if
it is possible. This issue as all the new Local Law Plans pension benefit
issues would have to be approved by the Union and then the City
Council.
Lee mentioned that as a general rule a 1% benefit increase adds a 10%
cost increase to the Fund.
Debra said we would be revisiting these issues in 2012.
Greg asked about an Actuary report and was advised that the issue of a
new Actuary report was already scheduled for the December meeting
for discussion.
Lee said we will need a contract with our actuary, Foster and Foster,
now that we are a Local Law Plan. Debra said she would get prices
from Foster and Foster.
Further discussion now awaits the first draft of the new Plan which will
be reported on and discussed at the regular December meeting.
SUBJECT
ACTION ITEMS
ITEM RESPONSIBLE PERSON
1st draft Local Law Plan. Lee Dehner
Actuary prices. Debra Krueger
12:05 p.m. Having no further business for discussion Chairman, Debra
Kruger adjourned the meeting.
Next regularly scheduled meeting is December 13, 2011,. at 10:00 a.m.
in the City Council Chamber.