12-14-2009
Police Pension Board of Trustees
Minutes - Quarterly Meeting
December 14,2009
Page 1 of5
CITY OF EDGEW A TER
POLICE OFFICERS' PENSION BOARD OF TRUSTEES QUARTERLY MEETING
MINUTES
Monday, December 14,2009
CALL TO ORDER! ROLL CALLIDETERMINATION OF A QUORUM
The Edgewater Police Officers' Pension Board held its quarterly meeting on Monday, December 14,
2009 in the City Hall Conference Room at the City of Edgewater, Florida.
Members Present:
F erd Heeb
Gary Conroy
Lawrence Leaf
Kevin Seymour
Dan Blazi
H. Lee Dehner
Sheila Hutcheson
Mike Welker, Tyler Grumbles, The Bogdahn Group
Donna Looney, Personnel Director
Tracey Barlow, City Manager
Julie Christine, Personnel Department
Members Absent:
Plan Attorney:
Plan Administrator:
Consultants:
City Staff:
Secretary Conroy called the meeting to order at I :32 p.m. Members indicated their presence; there
was a quorum, with four members present.
APPROVAL OF MINUTES - September 14, 2009 Joint Special and Quarterly Meetings; October
12, 2009 and December 3, 2009 Joint Special Meetings
Member Leaf made a motion to approve the minutes of the September 14, 2009 joint special and
quarterly meetings; October 12, 2009 and December 3, 2009 joint special meetings; Member Heeb
seconded the motion, which passed unanimously.
NEW BUSINESS
Investment manager - allocation of funds for investment by ICC MultiCap and Dana
Consultant Mike Welker, The Bogdahn Group, recommended a 50/50 split of assets between the two
firms. Member Heeb asked if Dana would be a good choice for the fixed income investments, and Mr.
Welker said there are other firms that would be better in this area, referring to the report he had
presented at the December 3,2009 special meeting.
Member Heeb made a motion to allocate the investments 50/50 with Dana and ICC MultiCap;
Member Leaf seconded the motion, which passed unanimously.
Mr. Welker then advised that he recommends the Board's consideration of Davis Hamilton and
Integrity for fixed income investments, with Integrity as his top choice.
Member Heeb made a motion to select Integrity for fixed income investments, subject to contract
negotiations by Attorney Dehner; Member Seymour seconded the motion, which passed unanimously.
The report continued with Mr. Welker's recommendation that the overall portfolio should be split
Police Pension Board of Trustees
Minutes - Quarterly Meeting
December 14, 2009
Page 2 of5
60/40 in stocks and bonds; additionally, an international manager should be selected for investment of
about 15% of the equity portion of the portfolio. He discussed several international funds, including a
mutual fund, EuroPacific (his top choice) and Manning & Napier, among others.
Member Heeb made a motion to select the EuroPacific Fund (R5 share class) for international
investments; Member Leaf seconded the motion, which passed unanimously.
Consideration/Approval of Principal Service Agreement (July 2009)
Attorney Dehner recommended that the Board not sign any documents with Principal except the
Pension Protection Act (PPA) amendment.
Consideration of Pension Protection Act (pP A) amendment from Principal
Attorney Dehner said this amendment is necessary and he had requested it from Principal at a previous
meeting. He recommended that the Mayor should be the official signing the amendment, based on the
request from the IRS on other amendments.
Member Heeb made a motion to approve the P P A amendment for signature by the Mayor; Member
Seymour seconded the motion, which passed unanimously.
Approval of quarterly meeting dates - 2010 (all meetings begin at 1:30 p.m.)
March 15,2010
June 7, 2010
September 13, 20 I 0
December 13,2010
The Board's consensus was to approve the 2010 meeting dates as listed.
Consideration of Summary Plan Description (SPD) from Principal
Attorney Dehner recommended issuance of the SPD to plan members if the Board approves it.
Member Seymour made a motion to approve the SPD for distribution to all Plan members and new
hires; Member Heeb seconded the motion, which passed unanimously. The Administrator will notify
Principal and request that the SPD's be sent to Personnel Director Donna Looney for distribution.
OLD BUSINESS - None.
REPORTS (ATTORNEY/CONSULTANTS)
I. The Bogdahn Group, Performance Consultant
. Quarterly report - September 30, 2009
Mr. Welker opened his report by stating that returns have been strong for aggressive stocks during the
last six months, but this trend is starting to decline for the aggressive managers. He continued by
noting that A-rated stocks are starting to perform better than lower quality stocks. The fund had
$6,039,442 on June 30, 2009 and increased to $6,767,820 on September 30, 2009, with the quarter
return at 10.45%. Next, he reviewed the asset allocation by Principal, noting that it is not very good,
because of an overweight to bonds. The portfolio has been hurt by Principal not increasing the
percentage of investments in equities.
Police Pension Board of Trustees
Minutes - Quarterly Meeting
December 14,2009
Page 3 of 5
Member Conroy requested that Mr. Welker send the quarterly reports to him for distribution to the
Board in advance of the quarterly meetings. Attorney Dehner asked if Mr. Welker will monitor
Principal on the scrutinized companies' list (Florida Statutes' requirement) and Mr. Welker said he
will do this by a letter to Principal.
Consideration of fee increase
Mr. Welker distributed an analysis of Consultants' fees, which showed that the proposed fee increase
is very reasonable compared to other consultants and to Principal's fees (as best can be determined).
The firm's fees (guaranteed for three years) will increase from $10,000 per year to $14,500 per year (if
all three Boards meet on the same day) and $15,500 per year, if the meetings are on different dates.
Member Heeb made a motion to approve the fee schedule, all inclusive, as of January 1, 2010
(guaranteed for three years) and to authorize the Attorney to prepare the contract amendment for
execution by the Chairman; Member Leaf seconded the motion, which passed unanimously.
H. Lee Dehner, Plan Attorney
Report on status of Principal contract termination
Mr. Dehner first discussed the letter from Principal that had just been emailed to his office after 5:00
p.m. on December 1 I (the Administrator had distributed the letter to the Board for his discussion).
The Attorney said he had made several calls and also emailed the Principal Attorney trying to get a
response, which did not arrive till this letter after business hours on December I I. In the letter,
Principal states that the circumstances are not the same as in the other contracts that Attorney Dehner
has successfully terminated. Mr. Dehner said the next step should be a discussion with Attorney
Konrad at Principal to try to see how determined Principal is to maintain this position. This may lead
the Board to consider litigation. Attorney Dehner said he would call to check on litigation attorneys if
he doesn't hear from Principal by mid-January. In preparation for the teleconference in January with
Principal, Mr. Dehner asked the Administrator to have Foster & Foster update the benefit index
analysis for both plans for the past fiscal year and to analyze the amount of money lost by their
investment strategy assuming the plan had terminated as of October 1, 2008, with investments 50%
Russell 3000 and 50% BarcIays Aggregate (from October 1,2008 - September 30,2009). He said that
it may be necessary to set a special meeting in mid-February (or move the next quarterly meeting to
mid-February) with Actuary Brad Heinrichs attending. Member Heeb asked about the benefit index
and which retirees are included; the report from Principal will provide this information.
Next, Attorney Dehner reported that the contract with Milberg is still under review; the firm has said
they don't want the contract subject to Florida law and any court proceedings to be in our venue. The
Attorney said this is not a "deal breaker," but requested the Board's authorization to proceed. It was
the consensus of the Board to proceed with the contract with the changes requested by Milberg.
The Attorney's report continued by advising that the federal legislation on pre-tax treatment of
insurance premiums has a proposal that would eliminate the direct funding requirement for premium
deductions and also contains a proposal to index the current $3,000 cap on the amount of premium that
would not be subject to income tax. He next reported that Florida Division of Retirement Rule 60T is
still on the "back burner" and, if implemented in the future, it will be much better than what was
originally proposed. He concluded with a reminder that an IRS survey may be sent and it is
mandatory to respond within a certain time frame. Both Principal and Attorney Dehner would have to
be involved, along with the City, in the response to the survey.
Police Pension Board of Trustees
Minutes - Quarterly Meeting
December 14,2009
Page 4 of5
Sheila Hutcheson, Plan Administrator
The Administrator reported on the following items.
. Fee schedule - $ I, 100/month effective January I, 20 I 0
Member Leaf made a motion to approve the $l,JOO.OO/monthfee schedule as of January 1,2010 and
to authorize the Attorney to prepare the contract amendment for execution by the Chairman; Member
Seymour seconded the motion, which passed unanimously by Members Seymour, Conroy, and Leaf
(Member Heeb was out of the room during the roll cafO.
. FPPT A membership dues for 20 I 0 would be paid - $600.00
. Member Leafs (fifth member) and Member Conroy's (elected) terms end on
March 17,2010
Member Heeb made a motion to appoint Larry Leaf as the fifth member for a term from March 18,
2010 through March 17, 2012 and to submit the appointment to the City Council for ratification;
Member Seymour seconded the motion, which passed unanimously.
The Administrator said she would coordinate the notice and election process for Member Conroy's
position.
. Preparation of ordinance by Attorney Dehner (City Manager)
The Administrator advised that the City Manager, Personnel Director Donna Looney, and she would
work on this to send it to the City Council as soon as possible.
. F ASB does not apply to public plans, per discussion with Actuary Brad
Heinrichs
. The Actuary will discuss the salary issue on the 2008 Valuation that
Chairman Blazi asked about at the last quarterly meeting when he presents the
2009 Valuation in March.
. $13 1,228.05 State monies were received.
OLD BUSINESS - None
PROCESSED DISBURSEMENTS/RETURN OF CONTRIBUTIONS and DEPOSITS
. DISBURSEMENTS
I. Christiansen & Dehner, professional legal fees - 408.38; $2262.21; $290.00
2. Sheila Hutcheson, plan administration fees, September - November, 2009 -
$2700.00 ($900/month); postage/mileage expense - $2.88; $11.00
3. The Bogdahn Group, performance consultant fees, 3rd quarter, 2009 - $2500.00
4. American Express (credit card statement) - $3,624.61(registration expense for
Trustees Blazi, Conroy, and Leaf and gas for trip); $2,215.79 (lodging, gas,
meals) - FPPTA school/certification program October, 2009)
5. Principal, invoice for preparation of plan amendments/VCP (deducted from
Police Pension Board of Trustees
Minutes - Quarterly Meeting
December 14,2009
Page 5 of 5
account) - $2,320.00
6. Foster & Foster - $6,276.00
7. Ratification of William Bennett's DROP election - lifetime option (without
member contribution refund)
8. Michael Stavris, refund of member contribution - $3,420.35
. DEPOSITS - None
Member Seymour made a motion to approve the processed disbursements/return of contributions and
deposits; Member Leaf seconded the motion, which passed unanimously, upon a roll call vote.
ST AFF REPORTS, DISCUSSION, and ACTIONffRUSTEES' REPORTS, DISCUSSION and
ACTION; REQUESTS FROM THE PUBLICIEMPLOYEES PRESENT
Member Conroy advised the Board that he had renewed the post office box for the Board for another
six months. He also discussed with new Trustee Seymour the FPPT A Trustees' School in February
and said that if he is able to attend, he can use the Board's American Express card to make the
arrangements. The City Manager reminded the Board to follow the City's purchasing policies.
The Board said to consider the Rules Manual that had previously been prepared by Attorney Dehner at
the next meeting and asked Ms. Hutcheson to email the Manual to the Board. The City Manager said
he would email the City's purchasing policy to the Administrator and the Board.
ADJOURNMENT
The meeting was adjourned at 3: 14 p.m.
Respectfully Submitted:
Approved:
Sheila Hutcheson
Plan Administrator
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