HomeMy WebLinkAbout2010 02 23 Board Of Trustees Special Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF TRUSTEES
SPECIAL MEETING
FEBRUARY 23, 2010
CALL TO ORDER
The Special Meeting of Tuesday, February 23, 2010 of the Board of Trustees was called
to Order by Chairperson Maria Fair at 6:43 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
Roll Call:
Chairperson Maria Fair, present
Vice Chairman Ben McMahan, present
Board Member Vernon Rozelle, Jr., absent
Board Member Max Swaim, present
Board Member Barbara Watkins, present
A moment of silence was followed by the Pledge of Allegiance led by Chairperson
Fair.
Next, Chairperson Fair asked if there were any Agenda changes and there were none
noted.
PUBLIC INPUT
No one spoke.
REGULAR AGENDA
REGULAR
600. Office Of The City Manager
Presentation From Bogdahn Consulting, LLC Of The Completed Investment
Review Report For The Quarter Ended December 31, 2009.
Mr. Dave West, Bogdahn Consulting, LLC, 4901 Vineland Road, Suite 600, Orlando,
Florida: directed the Board's attention to Page 16 of the "Winter Springs General
Employees General Plan and Trust" Report and commented on "Comparative
Performance Trailing Returns ".
CITY OF WINTER SPRINGS, FLORIDA
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SPECIAL MEETING - FEBRUARY 23, 2010
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Board Member Barbara Watkins inquired, "When you say one (1) year is that Calendar
Year or Fiscal Year ?" Mr. West replied, "That would be Calendar Year. So, every time
we report, we'll advance one (1) quarter and it will be a one (1) year look back."
Board Member Max Swaim asked about the significance of the column labeled, "Since
Inception." Mr. West explained, "The Inception date numbers there, we are going back
as far as we have data available — the continuation of the life of the Plan."
With further review, Mr. West explained Dalton, Greiner, Hartman Maher & Company
(DGHM) had a number one (1) ranking in the first quarter. Mr. West also noted,
"Galliard (Capital Management) is restricted and limited to investment Grade Bonds" and
added, "The lower the quality the Bond, particularly in sub - investment grade, the return
was expedientially higher. So the point I want to make here, Galliard (Capital
Management) has achieved phenomenal returns for you and ranks very well in a peer
group."
Discussion ensued regarding the American Stable Value Fund and Vice Chairman Ben
McMahan asked, "Have you and your team started to think any differently about where
an entry point might be for Funds like this, or do we still want to take it quarter by quarter
for awhile and see how things go ?" Mr. West responded, "The Bogdahn Group is still
recommending a hold pattern. But, it's moving up in importance and at some point I
would expect in the not too distant future, we would be coming out with a
recommendation to consider committing additional capital." Mr. West promised, "I will
absolutely be communicating any change in position in a timely manner so we can act on
that or have the option of working on that recommendation."
Lastly, the term "All Public Plan -Total Fund Median" located in the Winter Springs
General Employees General Plan and Trust" Report was clarified.
REGULAR
601. Office Of The City Manager
Discussion Of Policy /Procedures For Rebalancing Actions.
Mr. West referred to a Memorandum dated February 18, 2010 which was provided to the
Board at their request and summarized, "A suggested change or amendment to the
proposed Policies and Procedures." Mr. West described, "In summary form would give
the Investment Consultant limited and I emphasize limited — authority to basically,
number one (1), we are going to be making rebalancing recommendations to the Board;
as we currently are. Number two (2), should the Board choose to act on those
rebalancing recommendations, we are then proposing to authorize the consultant to know
to go directly to all of the pre— established Vendors and direct the asset flow — between
the pre— established Managers."
CITY OF WINTER SPRINGS, FLORIDA
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BOARD OF TRUSTEES
SPECIAL MEETING - FEBRUARY 23, 2010
PAGE 3 OF 10
Next, Mr. West addressed the communication process; implementation completion
related to a timely manner consistent with the liquidity confines of the Plan Investments
and clarified the term "Vendors" for this Board.
Draft letters to Fifth Third Bank and Galliard Capital Management were reviewed and
noted "Accepted" by the Custodian and Vendor. Mr. West then stated, "In the event we
hire a new Manager, we cannot under this authorization; we have no authorization to
direct a rebalancing to that new Manager until they have been pre- Approved and the
Custodian has that Approval, that wire authority."
Chairperson Fair inquired, "It was my understanding that Galliard (Capital Management)
required a liquidation authorization form ?" Mr. West remarked, "That was a one (1)
request that came from their office in January. They have not required that before and
they sent that email thinking it was a change in procedure, so we accepted that. But, at
the end of the day, they did not need it," and added, "They ended up accepting as they
have in the past, the direction in the form that it was sent out."
Chairperson Fair commented, "So we are not going to have a problem in the future ?"
Mr. West replied, "No." Following, discussion took place regarding lack of
communication between the Bogdahn Group and Galliard Capital Management.
Next, Chairperson Fair asked, "What date did the asset rebalance actually take place ?"
Mr. West answered, "The actual rebalancing actually took place the month end — January
[2010] — it occurred — over the end of January [2010], first business day of February
[2010]."
Chairperson Fair then requested, "How often do you get performance numbers from the
Money Mangers ?" Mr. West responded, "We would be compounding monthly
investment performance." Chairperson Fair continued, "What I would like for you to do
between now and the next Meeting is, I would like for us to get the performance numbers
from each Money Manager from November 30 [2009] to January 31 [2010]. I want
to know what effect there was on this Plan." In addition, Chairperson Fair suggested,
"Those were two (2) months that we can determine what effect it had on the Plan assets,
being positive or negative. So, can you bring us back that information ?" Mr. West
replied, "We can." There were no objections from the Board regarding this request.
Next, the Winter Springs Pension Plan in relation to other Pension Plans was discussed.
Chairperson Fair then inquired, "Have all the net contributions been sitting in cash?
What does Fifth Third (Bank) do with the money when they get a contribution? Have
they required a standard letter before? Kevin (Smith), have you been calling Fifth Third
(Bank) and saying `Hey, we are sending you contributions. By the way would you invest
the money ?' Where has this money been going ?"
CITY OF WINTER SPRINGS, FLORIDA
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BOARD OF TRUSTEES
SPECIAL MEETING FEBRUARY 23, 2010
PAGE 4 OF 10
Mr. West referred to a decision made by the Board of Trustees in July 2009 and
mentioned, "There is a standard letter in place for Fifth Third (Bank). So they were
allocating excess dollars — or net available dollars from the R &D (Receipt and
Disbursement Account)." It was noted that the Memorandum reviewed earlier, does not
address that there was a standard letter in place with the Bank.
Chairperson Fair reiterated, "Between now and the next time we meet, what I would like
to know is from the time money comes out of the employees paycheck and from the time
the money comes from the `City coffers', how long does it take for the money to be sent
and invested by the Manager ?"
Mr. West provided the Board with the following statement, "Basically from the
communication dated July 31 [2009] there is a standing order to Fifth Third (Bank) to
complete rebalancing direction and basically direction is as follows: allocation of future
net contributions, the R &D (Receipt and Disbursement) Accounts should be re- directed
to the Equity Accounts as follows: we have thirty -eight percent (38 %) going to Dalton
(Greiner, Hartman Maher & Company), thirty -eight percent (38 %) going to Lateef
(Investment Management, LP) and twenty -four percent (24 %) being wired to Voyeuger
Asset Management (now known as RBC Global Asset Management [U.S.], Inc.) and this
is to be done on — a net available cash at the end of each quarter."
Chairperson Fair expressed, "We have money coming out of an employee's paycheck
and it is sitting in some cash Account until the end of the quarter before it is invested?
This is really how it is working? Because that is really unacceptable."
Vice Chairperson McMahan commented, "Is that standard operating procedures for these
types of Pension Funds ?" Mr. West replied, "It would be for Funds that have low net
cash surplus."
Discussion regarding the Plan and contributions were discussed further. The Board
voiced their suggestions on receiving a Statement depicting the Funds distributed and
allocated. Mr. Kevin L. Smith, City Manager remarked, "I have a new Finance Director
coming on board next month — there will be Pension Income Statements added to the
Quarterly Financial Report that goes to the Commission, which would make it very easy
to get the same information to this Board."
The Board referred back to the "Winter Springs General Employees General Plan and
Trust" and then discussed Page 15 entitled "Financial Reconciliation ".
Tape 1 /Side B
Further discussion ensued regarding the money only being invested quarterly and
Chairperson Fair posed the question, "Is there any reason why the money can't be
invested monthly ?"
CITY OF WINTER SPRINGS, FLORIDA
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BOARD OF TRUSTEES
SPECIAL MEETING - FEBRUARY 23, 2010
PAGE 5 OF 10
Mr. West advised, "We can certainly make a changing order to do that. I want to review
to make sure there weren't any outsized cash flows mid —quarter for whatever reason that
would prevent us from doing that," and added, "We would be happy to put together a
revised standing order that directs the Custodian — that directs Fifth Third (Bank) on a
monthly basis to invest net cash proceeds, pro rata per the Investment Policy Statement
targets, exempting, unless there is a change, exempting real estate, the allocation to real
estate, which I believe is our standing order. And that allocation by default will go to the
Bond Account, the Galliard Core Bond Account."
Next, the Board discussed minimum banking requirements.
Chairperson Fair suggested to the Board, "How about we ask Dave (West) to take this
back to the Bogdahn Group and to come up with a recommendation that would work that
would accomplish the goal with getting the money invested in a more timely fashion."
Mr. West addressed the Members, "I could provide that solution right now. That would
be to — revise the standing order for Fifth Third (Bank) to invest monthly net cash
proceeds per the policy targets, exempting real estate and allocating the real estate portion
to the (Galliard) Core fixed income portion.
By making that declaration, now we have to go back and find out what is the net cash
flow. Go through the exercise. We can provide the data, but you'll have effectively
communicated a direction. We can follow through on that direction, come up with that
number and get it implemented, get the letter written, get that implemented and then we
can go over that at the next Regular Meeting. We can get it done."
Views of other Plans in relation to the Winter Springs Pension Plan were discussed next.
Mr. West recommended that, "We put that letter together — by generic direction of the
Board to invest net proceeds as described — find out exactly what that number is. We get
it revised, updated and until we have the Actuarial review and we revisit the liability to
see if anything has changed, we can have that for standing order until we have that
Meeting."
Manager Smith asked Mr. West for clarification and stated, "You are saying that any time
money comes in that exceeds that threshold, they will contact your office for investment
direction. Is that different than doing it every month ?" Mr. West responded, "No, this
would be if there were any — outsized contributions, we need to be alerted, any
contributions that are beyond the normal monthly or quarterly contribution amount."
"I MAKE A MOTION THAT WE REVISE THE STANDING ORDER INSTEAD
OF QUARTERLY, IT IS DONE MONTHLY." MOTION BY BOARD MEMBER
WATKINS. SECONDED BY BOARD MEMBER SWAIM. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF TRUSTEES
SPECIAL MEETING - FEBRUARY 23, 2010
PAGE 6 OF 10
VOTE:
BOARD MEMBER SWAIM: AYE
BOARD MEMBER WATKINS: AYE
CHAIRPERSON FAIR: AYE
VICE CHAIRMAN McMAHAN: AYE
MOTION CARRIED.
Chairperson Fair suggested to the Board, "I think we would also need a Motion for the
purpose of creating a standing letter for extraordinary contributions for the Bogdahn
Group to be alerted because that would be separate standing letter." Mr. West noted,
"Our recommendation would be include that language in a single standing letter."
VICE CHAIRMAN McMAHAN MOTIONED THAT "EXTRAORDINARY
CONTRIBUTIONS" BE INCLUDED IN THE STANDING LETTER.
CHAIRPERSON FAIR ADDED THAT THE BOGDAHN GROUP'S
RECOMMENDATION OF THE "EXTRAORDINARY CONTRIBUTIONS"
SHOULD BE INCLUDED IN THE LETTER PRESENTED TO THE BOARD OF
TRUSTEES AT THE NEXT MEETING.
SECONDED BY BOARD MEMBER SWAIM. DISCUSSION.
VOTE:
BOARD MEMBER WATKINS: AYE
CHAIRPERSON FAIR: AYE
VICE CHAIRMAN McMAHAN: AYE
BOARD MEMBER SWAIM: AYE
MOTION CARRIED.
The Board Members further discussed the Memorandum provided by the Bogdahn
Group. Changes to the language relating to "withdraws" were recommended by Manager
Smith which included, "Where it says `withdraw and transfer request', what about
`withdrawals for the purpose of transfer request ?" No objections to this language change
were voiced.
Mr. West stated, "I will Amend the letter and re—run by with the expectation that this will
work," and added, "If that terminology does not work — with the Compliance department,
perhaps then, maybe as a back —up, it might be appropriate for the Bogdahn Group and for
Kevin (Smith) and I to make it work out an alternative language." Chairperson Fair
asked, "Anybody have any aversion to that ?" The Members were in agreement to this
decision.
Mr. West indicated that the Custodian letter would be modified as well. Chairperson Fair
inquired, "Once you Amend that, each Manager would receive this standing letter ?" Mr.
West replied, "Correct."
CITY OF WINTER SPRINGS, FLORIDA
M INUTES
BOARD OF TRUSTEES
SPECIAL MEETING FEBRUARY 23, 2010
PAGE 7 OF 10
Chairperson Fair asked the Members, "Has everybody read the Memorandum?
Everybody feel comfortable with that? I need a Motion to accept the recommendation
from the Bogdahn Group to utilize this standing operating procedure." Manager Smith
suggested, "With changes discussed on the standing letter." Chairperson Fair
commented, "Yes."
"I SO MOVE." MOTION BY VICE CHAIRMAN McMAHAN. SECONDED BY BOARD
MEMBER SWAIM. DISCUSSION.
VOTE:
CHAIRPERSON FAIR: AYE
BOARD MEMBER SWAIM: AYE
VICE CHAIRMAN McMAHAN: AYE
BOARD MEMBER WATKINS: AYE
MOTION CARRIED.
With further comments, Mr. West indicated he would contact the Office of the City
Manager and copy Chairperson Fair with any correspondence relating to the revised
standing letters.
REGULAR
602. Office Of The City Manager
Discussion Of Presentation /Format Of "Pension- Related Expenditures" Agenda
Item(s).
In relation to the January 26, 2010 Meeting, Manager Smith commented, "I understand
that there were some comments from the dais regarding the presentation of the Pension
Agenda Item, the Expenses Item. The challenge that we have here, and I think this may
relate to (Agenda Item) `603', — by the time the quarter ends and then — almost thirty (30)
days later when you all meet, we do not typically have all the invoices from the
Investment Managers."
Discussion ensued on trying to accommodate the Board's expectations of receiving a
complete expenditures list and a completed Report from the Bogdahn Group.
REGULAR
603. Office Of The City Manager
Discussion Of Changing The Board Of Trustees Meeting Schedule.
Manager Smith reviewed the reasons that the Board had suggested a change in the
Meeting dates and noted, "There are no conflicts with the second Tuesday; if you all want
to move from January to February, from April to May."
CITY OF WINTER SPRINGS, FLORIDA
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BOARD OF TRUSTEES
SPECIAL MEETING -- FEBRUARY 23, 2010
PAGE 8 OF 10
Discussion ensued on the Meeting changes. Following, a 5:30 p.m. start time was
suggested.
"SO MOTIONED." MOTION BY BOARD MEMBER SWAIM. SECONDED BY
VICE CHAIRMAN McMAHAN. DISCUSSION.
CHAIRPERSON FAIR REITERATED, "WE HAVE A MOTION FROM MAX
SWAIM AND SECOND FROM BEN McMAHAN TO CHANGE OUR
MEETINGS TO THE SECOND TUESDAY AT 5:30 (P.M.)."
VOTE:
VICE CHAIRMAN McMAHAN: AYE
BOARD MEMBER SWAIM: AYE
CHAIRPERSON FAIR: AYE
BOARD MEMBER WATKINS: AYE
MOTION CARRIED.
The Board confirmed that the next Regular Meeting would be May 11, 2010.
In other business, Chairperson Fair referred to a copy of the letter from the City Attorney
and asked, "How did that go with Retirement Plan Specialists (Inc.) ?" Manager Smith
indicated that in regards to not receiving information from Retirement Plan Specialists
Inc. that, "It is affecting the ability to get our CAFR (Comprehensive Annual Financial
Report) out in a timely manner. It is affecting the ability for me to get the Actuaries on
board with doing the study of our Pension Plan; to help me balance a Budget or address
how I should balance the Budget in the coming year."
Manager Smith then mentioned that, "A lot of the information that Larry's (Wilson)
received — and I am using Larry's (Wilson) words here — it creates more questions. There
are inconsistencies in the data."
Continuing, Manager Smith remarked, "I have had some concerns about the way the Plan
has been Administered by the — Actuary, that were not consistent with what I have
experienced in the past," and added, "A lot of the Plan Administration duties were
handled by the Actuary."
Manager Smith then mentioned, "It came to my attention this past week that thirty —one
(31) former employees of the City of Winter Springs have not received their payouts."
Continuing, Manager Smith informed the Board, "I have asked our Actuary, our current
Actuary, to assist in these payouts, which he is going to do; however, he is going to
charge us. My position is, although I don't like to spend money, I need to get these
thirty —one (31) people taken care of. We are talking about a hundred and fifty dollars
($150.00) per employee times thirty —one (31) employees. So I wanted to make the Board
aware of that."
CITY OF WINTER SPRINGS, FLORIDA
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BOARD OF TRUSTEES
SPECIAL MEETING — FEBRUARY 23, 2010
PAGE 9 OF 10
Vice Chairman McMahan asked, "If we do not have the records of what was supposed to
have occurred, how do you know that even the thirty —one (31) number is correct ?"
Manager Smith replied, "Based on the information we do have, we have — a good portion
of it," and continued by specifying, "It appears though, when you look at the list of the
information that we do have, those employees, beyond thirty —one (31), probably, based
on their tenure of service at the City, will have a present value of their accumulative
benefit that is greater than thirty —five hundred (dollars) ($3,500.00). That is just a — guess
so to speak; so the number could be a little higher. I don't think the standard deviation is
more than ten (10). Could be forty (40)." Manager Smith added, "I am going to have
Larry (Wilson) re- calculate every one of them."
The process of the way the employee's distribution checks should have been handled was
discussed next. Vice Chairman McMahan posed the question, "When will that standard
operating procedure be in place ?" Manager Smith noted that there was a new Finance
Department Director being hired soon. Next, Vice Chairman McMahan asked, "And we
will see that once it is completed, correct ?" Manager Smith said, "Sure."
Manager Smith mentioned that he was working with the City Attorney in regards to the
Pension related issues. Chairperson Fair inquired, "Isn't their regulatory body over
Pension Actuaries that we could file a report with ?" Manager Smith responded, "My
immediate concern is to make sure we get the data so we can get the CAFR
(Comprehensive Annual Financial Report) completed, so I can get the Actuarial Report
completed, so I can do next year's Actuarial Report in a timely manner and then I can get
a study done on the — ongoing viability of our Pension Plan."
Further discussion ensued on the time sensitive matters regarding the Comprehensive
Annual Financial Report (CAFR).
Chairperson Fair asked, "Is there anything that we can do to assist you in this endeavor to
get this Report done ?" Manager Smith replied, "Not to my knowledge." Chairperson
Fair then communicated, "If there is something that we would need to act upon, between
now and — our next Meeting, that would require a Special Meeting, please notify us."
Manager Smith stated, "Yes."
Discussion.
Tape 2/ Side A
Vice Chairman McMahan commented to Manager Smith and Mr. West, "I am concerned
that we may not be looking at everything we should be looking at to make sure we have
crossed all the is and dotted all the i's; that we are taking care of this Pension Plan the
way that really guarantees, that in the future that we are not going to have setbacks
because we did not think to put something in place. So I just ask both of you to come to
our Regular Meeting in May — if there are any other areas you guys need to start thinking
about, this, or look at this, I for one, would appreciate — if there is nothing, then that is
great." No objections were voiced.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF TRUSTEES
SPECIAL MEETING — FEBRUARY 23, 2010
PAGE 10 OF 10
Discussion with regards to 401K Plans and Fidelity Bonds ensued. Chairperson Fair
suggested that Larry Wilson with Gabriel, Roeder, Smith & Company (GRS) be asked,
"Does the City need a Fidelity Bond for this Plan ?"
Finally, the history of the Plan Adoption was discussed and how the Board could
understand the operation of the Plan in greater detail.
ADJOURNMENT
Chairperson Fair adjourned the Special Meeting at 8:23 p.m.
RESPECTFULLY SUBMITTED:
GAYIOUTANT
ASSISTANT TO THE CITY CLERK
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NOTE: These Minutes were approved at the May 26, 2010 Board of Trustees Regular Meeting.