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12-14-2015CITY OF EDGEWATER POLICE OFFICERS' PENSION BOARD QUARTERLY MEETING MINUTES City Hall Council Chambers Monday December 14, 2015 at 1:30PM TRUSTEES PRESENT: John Tarr David Arcieri Lawrence Leaf Larry Brinson TRUSTEES ABSENT: None OTHERS PRESENT: Ken Harrison, Sugarman Susskind Ferrell Jenne, Foster & Foster Jack Evatt, The Bogdahn Group Brian Bizzell, Salem Trust Mark Rhein, Salem Trust Mindy Johnson, Salem Trust Gary Connroy, City Council Call to Order John Tarr called the meeting to order at 1:30PM. 2. Roll Call - As reflected above. 3. Public Comment - None. 4. Approval of Minutes The minutes from the September 14 2015 quarterly meeting were approved upon motion by Lawrence Leaf and second by Larry Brinson, motion carried 4-0. The minutes from the September 23 2015 special meeting were approved after changing the limitation reference from 100 to 180 regarding the Chief opt -out upon motion by David Arcieri and second by Lawrence Leaf, motion carried 4-0. 5. New Business a. Larry Brinson, term expiration. i. Larry Brinson's term as a Council appointed trustee expired November 6, 2015. Larry commented he would like to serve another term. The board voted to recommend to Council to reappoint Larry Brinson to the board upon motion by David Arcieri and second by Lawrence Leaf, motion carried 4-0. b. Actual expenses as of September 30, 2015. i. Ferrell Jenne stated the actual expenses were prepared in conjunction with Senate Bill 172. This report needs to be sent to the City for information purposes and made available to members. The board voted to approve the actual expenses as of September 30 2015 upon motion by Larry Brinson and second by Lawrence Leaf, motion carried 4-0. FPPTA membership. i. Ferrell Jenne reviewed the fees with the board, $600 annual board membership fee, $450 fee per trustee to attend schools/conferences. The board voted to approve the payment of the 2016 FPPTA membership upon motion by Lawrence Leaf and second by David Arcieri, motion carried 4-0. d. Form 1, Financial Statement of Interest. i. Ken Harrison reminded the trustees to file their financial disclosure form by July 1, 2016 to avoid fines. Note: Salem Trust was moved up on the agenda. Reports a. Salem Trust, Mark Rhein, Brian Bizzell, Mindy Johnson, Board Custodian. i. Mark Rhein reviewed the conversion process their firm went through, Mark stated they had received an unmodified audit opinion for the 2015 SSAE 16 report, the highest opinion given. ii. Mark introduced Mindy Johnson and reviewed her experience. Mark asked the board's permission to change the relationship manager from Brian Bizzell to Mindy Johnson. Lawrence Leaf asked why a change was being made. Mark Rhein commented the change would allow the board to have a Salem Trust representative at more meetings since Mindy had other clients in the area. By consensus the board approved a change to the Salem Trust relationship manager. New Business (cost.) a. Discussion of plan restatement. i. Ken Harrison discussed options regarding amendments not previously adopted by Council. Ken advised the restatement could be submitted as is or the amendments not previously approved by Council could be taken out. By consensus the board approved sending the plan restatement including amendments not previously adopted by council for a first reading. ii. Ken discussed the DROP net -of -fees provision. Gary Connroy commented that Principle had implemented procedures contrary to the plan and had started paying at a fixed rate. The City Manager brought the issue to Principle's attention and notified them that the DROP accounts should reflect the earnings of the plan, not a fixed rate. iii. Ken Harrison made a recommendation to move the document forward and make any additional changes after the board has one document to work from. iv. The board discussed the plan document and changes from the September 23, 2015 special meeting. v. Ken Harrison reviewed the added provisions never adopted by Council and commented that the board had been acting as if they had been adopted. Ken further reviewed all items that were added or removed from the draft plan restatement. vi. Ken discussed "financial gain," in conjunction with the opt -out provision for the Chief. The IRS states there can be no financial gain by opting out of the plan. David Arcieri stated he thought the opt -out would save the plan money since employee contributions based on the Chief's salary wouldn't have to be made. David Arcieri proposed a 24 month window for the Chief to opt -out. Ken Harrison stated none of his plans offered an open-ended opt -out. Larry Brinson commented he would like an opt -out window of one year from the adoption date of the Ordinance. David Arcieri stated he preferred a longer window but would vote with the majority. By consensus the board agreed to a one year window from the adoption date of the Ordinance for the Chief to opt -out of the plan. vii. The board discussed section 3.02, letter C, of the Ordinance. 2 By consensus the board agreed to remove letter C from section 3.02 of the Ordinance and include wording that all contributions are deposited with the plan's custodian. viii. Jack Evatt reviewed #5, letter G, section 3.02 and recommended changing the language to investment grade language, stating the draft plan restatement doesn't align with the current IPS. Ken Harrison stated he would work with Jack to comply with the current IPS. ix. Jack Evatt reviewed #7, letter G, section 3.02, and recommended striking the "30% at cost" language. x. Ken Harrison reviewed section 6.05 and recommended removing it since it didn't apply to the plan. xi. The board asked for the removal of all references to "group contract." Discussion of replenishment. i. The board discussed replenishment in conjunction with Senate Bill 1128. ii. Ken Harrison reviewed the definition of salary according to statutes which specify what can be used to calculate pensionable pay. As of July 11, 2011, unless a contract was in place, members are limited to 300 hours of overtime unless they had a bank of unused time. No vacation or sick time could be used after that date for pensionable salary. iii. Ferrell Jenne commented the General Plan was allowing for replenishment. Ken Harrison asked to see the proposed Ordinance drafted by Lee Dehner so he could review. 8. Old Business a. Update on IRS Determination Letter. i. Ken Harrison stated the IRS Determination Letter had been filed with the IRS. 9. Reports (cont.) a. The Bogdahn Group, Jack Evatt, Investment Consultant. i. Quarterly report as of September 30, 2015. 1. Jack Evatt gave a brief overview of the market environment during the quarter. 2. Market value of the fund at the beginning of the quarter was $8,505,073 and by the end of the quarter was $8,157,072. 3. Gross earnings for the quarter were -5.01 %, underperforming the policy benchmark of -4.64% by-0.37%. Fiscal year—to-date gross earnings were 0.40%, outperforming the benchmark of -0.74% by 1.14%. Since inception (10/1/2000) earnings were 4.46%, meeting the policy benchmark. 4. Jack reviewed the four year smoothing technique and stated the 0.08% returns from October 1, 2010-September 30, 2011, would drop off. 5. Jack Evatt reviewed the compliance checklist. Sugarman & Susskind, Ken Harrison, Attorney. i. Legislative update. 1. Ken Harrison commented the State Legislature was meeting in January 2016, earlier than usual. 2. All pre -filed bills were for FRS. Nothing was filed for Local Law plans. 10. Consent Agenda The consent agenda was approved as presented upon motion by Larry Brinson and second by Lawrence Leaf, motion carried 4-0. 11. Staff Reports, Discussion, and Action a. New plan administration phone line. 3 i. Ferrell Jenne informed the board that a new dedicated TPA phone line had been established. b. Payment of invoices in between meetings. i. Ferrell Jenne asked the board to consider allowing the payment of contractual vendor invoices in-between quarterly meetings. Ken Harrison commented that this is common practice and all paid invoices would be ratified at each quarterly meeting. The board voted to allow the payment of contractual vendor invoices in-between meetings upon motion by Larry Brinson and second by David Arcieri, motion carried 4-0. c. Trustee James Morey's attendance. i. Ferrell Jenne informed the board that James Morey had missed the last six board meetings and received a resignation email from Mr. Morey. The board voted to recommend that Council appoint a new board member upon motion by Larry Brinson and second by Lawrence Leaf, motion carried 4-0. 12. Adiournment The meeting adjourned at 2:50PM. 13. Next Meeting Monday, March 14, 2016, at 1:OOPM. pectf Ily unfitted by: /ved by: 6JI Jenne, PlanAAdministrator John Tarr, Chairman Date Approved By the Pension Board: MATCH 0 o :)-CAc, 0