Loading...
11/13/1997 (2) , ' . '," "+, . h . " '. ..'1 .'. ....n 'n ....~: ..,. .'. .,' .... " '... . ',', I, \, ~ " . " I' .', .'. : . .:,' . :, , ".~ ' tI , . " <. " " . ,~. .,' ::,~;'::'::;:~":i',::,:.':;: ;.:~:i:)~~<\?jt:(.~~'f!~j~w~~;:;~~,~,,~y\L::::'\:::r ~~::.'.\~t,~~":', ::;: ~:.~ ~:'r'~:'.x.:.::, :,';":' '..:>." ":,:"'.1,:,, l,' .: , ~ J ; . .' , .' .' ,:~ . " . i' , PAC ./ Pension Advisory Committee Minutes Date J'7(O(o " ; I - I "liII~..)-I. .;.,;;.,~'.'t,,+.~~':.' ,f.tt.i~..,'MI'.L"'~l..-~loIi~""'~"'----'''' . , , I' . ' , , \ I' . '... . ....-.....'...\..,...:.'.."..'...,..'. .' . . . , '" . , ..' ..', . .... a .. . . . ' ',' . ", .': ....... ". '. . . . . . ". I L. L. . " '. i,' ""., ,'. :.'. ,;I~ : '~.':"':" :",.;'~"l_":"''':..,~~::''..:.:""",,:' ,.~,.: ".',.I.:.',',L:...."..,.,\:) '...'.: :',: :. I":~' ':. -;. ,"",".. ,",:::,"'. ',<" ".:.~:', .:"; .', F:"" ~.::'.:.:\'.' . , " .' . ,,' A PENSION ADVISORY COMMITTEE MEETING CITY OF CLEARWATER November 13, 1997 Present: Rita Garvey J. B. Johnson Robert Clark Pat Greer Dick Fitzgerald John Scacca, leslie Dougall-Sides Debbie Ford Patricia O. Sullivan Chair/Mayor Vice Chair/Commissioner Committee Member/Commissioner Committee Member Committee Member Committee Member Assistant City Attorney Human Resources Technician Board Reporter Absent: Pat Shepler Committee Member The Chair called the meeting to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 . Aooroval of Minutes 0'" " "j/! IPl- Member Fitzgerald moved to approve the minutes of the regular meeting of October 9, 1997, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #3 . Emolovees to be HeQrd Firefighter Fred Maier said he has worked for the Fire Department for 21 years. He expressed concern when a fully vested employee dies prior to retirement, pension entitlement options are deferred and the estate is automatically assigned Option # 1. He said this policy is unfair to the surviving spouse. He recommended allowing employees to choose an option in writing when they are eligible for retirement. At this point, no actuarial ,numbers need to be prepared. Assistant City Attorney Leslie Dougall.Sides expressed concern City expenses would increase if all employees who qualify for retirement request counseling available to retirees. Mr. Maier noted 5 years after the employee's death, the survivor's benefit would decrease to approximately y.. of the spouse's previous salary. It was requested this issue be brought back with a legal opinion. Mr. Maier requested to see the legal opinion before the appropriate meeting and that he be notified so he can attend. ITEM #4 . Action Item~ o a) Review and Action on Employee Requests for Years of Service Pension mpac1197 1 11/13/97 '.:.., "I,:~.".~...'..'.,:"""',:..:.~ .,)'.:.,j.":;:"....:...~..:-'.,:~., I......'~..,','~;~~..:..,.',.. "'",,':'" :': '".'.,:, ',,'.' ~:','~ ,'. :,..,'....'.,', 'I:""'" ,I'. ",,' ..."..;'.,'..'.'. "/-:.:.' '".~'. ":' .: ~.: ." ""':' r . . . . n' . ~ .- ~ 1) E. Ream Wilson, Jr. - Parks &. Recreation Director, Parks & Recreation Department Member Greer moved to approve a Years of Service Pension for E. Ream Wilson, Jr. The motion was duly seconded and carried unanimously. b) Approval of New Hires as Pension Plan Members Member Fitzgerald moved to accept the following employees into membership in the Pension Plan: Date of Emolovment I/liJiA Y~fIYl to'l>' Roy Thomen, Tree Trimmer Parks & Recreation Dept. Kimberly Staggs, Staff Assistant I Police Department Diane Manni, Staff Assistant Gas System Carol Barden, Staff Assistant I Community Response Gary Kepner, Solid Waste Worker Solid Waste Department Michael Fabian, Beach Guard Marine Department Anthony W. Hall, Beach Guard Marine Department Lori Miller, Police Comm. Op. Trainee Police Department Janet Roehrich, Pol. Comm. Ope Trne Police Department Candy Hansen, Pol. Comm. Op. Trne. Police Department Tammy R. Clarke, Police Comm. Oper. Police Department Kimberly Espinosa, Staff Assistant I. Engineering Department Russell Shawen, Trfc Sign/Mkg. Tech. Engineering Department 09/29/97 03/03/97 10/13/97 1 0/13/97 10/13/97 10/1 3197 10/13/97 02/06/95 02/06/95 1 0/27/97 10/27/97 10/27/97 10/27/97 Pension Elia. Date. 09/29/97 09/29/97 10/13/97 10/13/97 10/13/97 10/13/97 10/13/97 10/27/97 10/27/97 10/27/97 10/27/97 10/27/97 10/27/97 Ms. Staggs was employed as temporary on March 3, 1997, and made permanent on September 29, 1997. Ms. Miller and Ms. Roehrich were hired as permanent part.time on February 6, 1995, and promoted to full-time on October 27, 1997. The motion was duly seconded carried unanimously. ITEM #5 - Pendino/New Business a) David Ford In his October 10, 1997. memorandum, Nursery Superintendent Mark Roether reported City Spray Technicians must obtain and maintain a State issued Pesticide Applicator Certificate. The State's examination determines if the applicant has adequate knowledge of the safe and correct ways to handle and apply pesticide. City safety procedures include: 1) all applicators are certified; 2) training opportunities are available for certificate renewal; 3) yearly blood tests measure any levels of chemical compounds; 4) respirator training and testing ensure proper use of protective equipment; 5) personal protective equipment training is provided; 6} all protective gear required for safe handling of pesticides is provided; 7} annual Right-to-Know training is o mpac1197 2 11/13/97 ,'J,' ',",'. "" '\ \ ".~I",::. ,:"'. 't " .\'::' ":i,"::l",.' .1,., ',':'-1-',..:, "1",'1"""\' l"""'l' ,.:".., ~,.,,':,t '.:,';\. ',,~./~ 1._,...'..."".'..'.'.'..".".....\".." ".,' , . .' ..:.,':. '. .'.,., ......, ,'. .......;..;,." L': ' " U....'.......,' ':" ;::.",'.' ", . " '.. . I' 'I ' . .' ,. , , '.,' '. , , . I " , I , " , '. i " ~ .',. t ' 'J ' J J, , . '., " .' ',."', \ : '..' ": / ,I "; " \ ' : ::~,' . ~.' '\" .. '.', . ;.\. _ . ........ ~\.' ,"~ ''';:~.'-::,: ~'~....:' ...'~ .:~:, ' .. '..:.,: ." , '.. '~, '. ; ,.' : ' : : . : -:" < ' . '. '.. ... , .. ~ '., .,,:'.,. ;....': ' .'".,:..', " '. l.. , : ,":. '~. ~.',,' ,\. . ,,' , :. . . ' , '. ': + :,'. ',' '.! :: ~,' ~ ~ I , . " , . ~ provided: 8) direct supervision provided by a State Certified Pest Control Operator (Mr. Seymour); 9) operations overseen by another State Certified Pest Control Operator (Mr. Roether); 10) thorough evaluation of pesticides used for safety, effectiveness, etc.; 11) "Pesticide Applied" warning notices are posted as required by State law; 12) product labeling is reviewed daily regarding required safety precautions; and 13) equipment, safety gear, weather conditions, etc., are reviewed daily by applicators. The Florida Department of Agriculture and Consumer Services regulates and inspects City operations during unannounced inspections that follow no set schedule. Inspections review the storage, mixing, application, and disposal of pesticides and their containers. Parks Supervisor James Seymour provides day-to-day supervision of the Spray Technicians and crews involved with pest control. Mr. Roether administers the City.s pest control programs. Risk Management assists with the Right-to-Know training, respirator testing and training, and schedules the annual blood tests. The City's pest control program has an excellent record of safety and environmental concern. (~lr..\ .~:,~rI In response to a question, Risk Management Specialist ~ Workers Compensation Jon Marcin said Mr. Ford had filed two claims with the City: 1) November 9, 1994 - specific spray incident - Mr. Ford complained of shortness of breath and feeling faint - Mr. Ford recovered after 2 visits to a walk-in-clinic and 2) November 17, 1995 - Termination date - Mr. Ford claimed accumulated exposure to chemicals during his career with the City caused his congestive heart problems. In response to a question, Mr. Marcin said Mr. Ford's blood was tested in 1993, 1994, and 1995 for organic phosphate poisons. Mr. Ford's tests revealed no toxic levels. In response to a question, Mr. Marcin said the Parks & Recreation Department does a good job overseeing spray techniques. Most chemicals used by the department are not toxic. The few toxic chemicals are used sparingly. They are no more toxic than chemicals handled at home. In response to a question, Mr. Marcin said the blood screening is an early warning system for possible contamination problems. He could not say a medical doctor would state absolutely that nothing linked Mr. Ford's heart condition to possible exposure to chemicals. In response to a question, Mr. Marcin said Mr. Ford is a candidate for a heart transplant. Regarding his workers' compensation claim, a doctor had indicated Mr. Ford's heart problems were caused by uncontrolled hypertension that was not treated due to Mr. Ford's failure to take his medicine. In response to a question, Mr. Marcin said a medical review of Mr. Ford's records could find no relationship between his heart condition and any chemical exposure. He indicated only 1 or 2 studies indicate a tenuous relationship between breathing problems and chemical exposure. In response to a question, Mr. Marcin said Mr. Ford began work as a Spray Technician in 1992. He may have had contact with chemicals previously when he o mpac1197 3 11/13/97 . , , . , ',','_""" . . ":,::';':1" '., . ....' -,',:.\",';"'j,::,:.,"::" ',',' " " ,. \ ." ,I. ,I L,:,. :,LJ. .'.. '.',' .'".,,'. Human Resources Technician Debbie Ford said the City had received the Annual Certification of Pension Entitlement Form for Donald McMullen. He is working for the FAA (Federal Aviation Authority). Deputy Police Chief Paul Maser has been asked to compare the responsibilities of Mr. McMullen's current position with his previous job as a Police Officer. ~ worked as an assistant. Assistants are not licensed but work under Spray Technicians , ~. who are licensed. Ms. Dougall-Sides said Mr. Ford had not submitted an application to have his non.job-related disability pension upgraded to a job-related disability. The PAC (Pension Advisory Committee) had indicated it would entertain a future application to upgrade his pension with the presentation of a new application and supporting medical evi,dence. In response to a question, Mr. Marcin said the City had settled Mr. Ford's workers compensation claim for a fraction of the request. The cost of defending the case would have cost the City more than settling the issue. b) Donald McMullen c) William Kleinsorge ,'- ~i;;rf Ms. Dougall-Sides noted William Kleinsorge had transferred from a hazardous duty position to a non-hazardous duty position. In a letter he submitted at the October 9, 1997, meeting, he said he would begin to receive hazardous duty benefits on his 20-year anniversary. Ms. Dougall-Sides said staff could find no precedent whereby an employee received 2 different types of pension benefits. No formal written opinion has been written. She said the code suggests no such split in received benefits although it does not state so specifically. Staff cannot accrue benefits on 2 separate pensions. Mr. Kleinsorge's request refers to the receipt of benefits. The code makes no such provision. In response to a question, Ms. Ford said prior to his transfer, she had advised Mr. Kleinsorge if he transferred out of a hazardous duty position, he would no longer qualify for the hazardous duty provisions in the Pension Plan. A written summary from the Legal Department was requested. In response to a question, Mr. Kleinsorge said he had been advised of the qualification change but thought the policy is unfair. He had earned hazardous duty benefits. He said the Finance Director had suggested a compromise to allow his retirement after 25 years. He said had he quit the City and accepted a position elsewhere, he would not have lost his hazardous duty benefits. Ms. Dougall-Sides said l. ,>:~ .., mpac1197 ' 4 11/13/97 ",,'.,." I ~ ..., ,:' '."~....~.' ..:....,'.+"...~',:. .... . :,'.' '.' f/~"I', . ,:"'.' _', '~.':,"~ '- ' . . , I' ,', .' .,;~: ,~: . .. <.; ,: . . ..... .:> {'::'}!:)~:;3j~li~~!jf'N(~~'{:;: ',-; ~;'~";I1\;"': ;,' .' ..' '.' · !" ~ ., .i) she knew of people who did not transfer out of hazardous-duty positions because they would lose their hazardous-duty benefits. ITEM #6 - Directorts ReDorts The next PAC meeting is scheduled for December 11, 1997. ITEM #7 - AdiournmeQl Chair Pension Advisory Comm The meeting adjourned at 9:37 a.m. c o \ mpac1197 \ 5 11/13/97 :~.. --, -. ,-.---~----...................................-.........-~~~........ ....._h_4-4"-..'II-l---.LY~..""..~~. ~,'\.< .,..~."to... :':;~':'.t'f.f~'~ ~ :..~,' ..:........"'~.. ~....'. \J;':!;":>/io,t~~";':,*,-w1...J,.."",~,~,,,,,,,'."" >