12-01-2004
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EDGEW A TER POLICE PENSION BOARD
REGULAR MEETING
December 1, 2004
City Hall Conference Room
Minutes
CALL TO ORDER:
The Edgewater Police Pension Board was called to order on Wednesday, December 1,
2004 at 2:03 p.m. in the City Hall Conference Room.
ROLL CALL:
Members present were Chairman, Sgt. Bill Lenz, Rena Green, Ferd Heeb, Officer Kim
Rash, Brett Tanner and Kathy Miller, Recording Secretary.
APPROVAL OF MINUTES:
Before approval of the minutes, Mr. Heeb noted that in the agenda request for August 3rd
there was a statement. "The Police Pension Board consists of 5 members, 2 Police
personnel appointed by the Police Department, 1 citizen and one employee appointed by
the City Council." Mr. Heeb pointed out that this is not correct.
The Plan and in Section 185 says that there shall be two citizen appointees by the
Council, one citizen appointed by the Board and ratified by the Council. The Plan was
amended in 2000, on page 35, Board of Trustees: "The Board of Trustees shall consist of
five Trustee's, two of whom, unless otherwise prohibited by law, shall be legal residence
of the City, who shall be appointed by the City of Edgewater City Council, and two of
whom shall be members of the City of Edgewater Police Department who shall be elected
by a majority of the Police Officers who are members of the Plan. The fifth Trustee, who
shall also be a legal resident of the City of Edgewater, shall be chosen by a majority of
the previous four Trustees, ratified by the Council."
Brett Tanner advised he is not a citizen of Edgewater therefore he is not qualified to be a
Trustee. The Board called in the Legal Department for their opinion on the matter. Legal
department said they would look into the matter. Mr. Hooper also joined the meeting and
after discussion it was determined that Brett Tanner may not be able to serve as a Trustee.
It was agreed that Brett Tanner must abstain from voting until a resolution can be made.
MOTION
Ferd Heeb made a motion to approve the minutes of September 29th & October 27.
2004. and the motion was seconded bv Kim Rash.
Motion carried 4 - 0
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OLD BUSINESS:
The Board needs to contact Attorney Harrison on several issues:
(1) Proposed Investment Policy: Will ask Attorney Harrison if it is done yet.
(2) Status of Robin Bell issue
(3) Issue of Attorney Levanson coming to the Board meeting about Larry Westfall
(4) Breakdown of the bill from Attorney Harrison
Mr. Heeb suggested that before the call is made to Attorney Harrison the Board should
review his engagement letter to decide if it should be signed by the Board.
Per City Manager, Brett Tanner was excused from the meeting
. An attempt was made to contact Attorney Harrison, who was unavailable.
MOTION
Ferd Heeb made a motion to authorize Chairman Lenz to call Kenneth R. Harrison
to discuss those issues and concerns that the Board has relative to his letter of intent.
or enim2ement letter and brin2 the en2a2ement letter back to the Board at the next
meetin2. particularly the attendance to be an issue. seconded by Kim Rash.
Motion Carried 4 - 0
. 3: 15 p.m. Attorney Harrison returned Sgt. Lenz's telephone call.
The Board requested Attorney Harrison clarify the agreement letter, specifically the
attendance agreement. Attorney Harrison advised he did not need to be at every meeting,
however, requested he be sent the agenda and if there is anything that needs legal
guidance to put it on the agenda requesting Attorney Harrison's advise. If Attorney
Harrison didn't attend the meeting in any way there would be no charge.
The Robin Bell issue was discussed and Attorney Harrison advised he was still waiting to
hear from the City but has been in contact with Cory at Principal. Since Ms. Bell is still
an employee with the City and on another plan she will be credited for the time she has
already been with the City. This would be to her benefit not to take it out
After the telephone call with Attorney Harrison, there was discussion and motions made
to pay half of the attorney fees and negotiate with the City to pay the second half of the
fees.
MOTION
Ferd Heeb made a motion to authorize Chairman Lenz to execute the Attorney
en2a2ement letter. seconded by Rene Green.
Motion Carried 4 - 0
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'will
MOTION
Ferd Heeb made a motion relative to the attornev bill. that the Board authorize to
make a Dayment of $2.100.00 out of the Pension Dlan. which is half of the bill. and
that we authorize Chairman Lenz & Kim Rash to visit with Jon and Debby and
neeotiate the settlement of the other $2.100.00 which we believe should be Daid by
the City and not by the Dension Dlan. seconded by Kim Rash.
Motion Carried 4 - 0
MOTION
Ferd Heeb made a motion that the Board authorize Chairman Lenz & Kim Rash to
meet with Jon and Debby and neeotiate or discuss the Board's desire that the City
Day the $2.100.00. which is attributable to settline the ODRO issue. seconded by
Kim Rash.
Motion Carried 4 - 0
NEW BUSINESS:
Chairman Lenz advised that there was a verbal request from Attorney Adam Levanson,
who represents Larry Westfall, to be notified of the pension board meeting for the first
quarter in 2005 so he can request to be put on the agenda. So far there has been no letter
written up for the request. Attorney Harrison advised he would contact Attorney
Levanson and have him put in writing what this is about. Mr. Harrison requested to be
present when this matter is brought up at the meeting.
MISCELLANEOUS:
Mr. Heeb requested to have copies of the contracts the Board has with the Finance
Department, the Personnel Department, the contract with Principal, and modified contract
with Principal when the Board went to fund selection placed in the Trustee's books or to
be able to have access to the old books.
ADJOURNMENT:
With no further business to discuss, Rene Green moved to adjourn, seconded by Ferd
Heeb. The meeting was adjourned at 4:00 p.m.
Minutes submitted by: Personnel Department