03/10/2022 Pension Advisory Committee Meeting Minutes March 10, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
m
Meeting Minutes
Thursday, March 10, 2022
9:00 AM
Main Library - Council Chambers
Pension Advisory Committee
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City of Clearwater
Pension Advisory Committee Meeting Minutes March 10, 2022
Roll Call
Present 7 - Chair Nathan Hightower, Vice Chair Greg Newland, Committee
Member Hoyt Hamilton, Committee Member April Eversole,
Committee Member Frank Hibbard, Committee Member Mark
Bunker, and Committee Member Gregory Record
Also Present - Stuart Kaufman —Attorney for the Committee, Jennifer Poirrier— Human
Resources Director, Patricia O. Sullivan - Board Reporter
1. Call To Order
The Chair called the meeting to order at 9:00 a.m. at the Main Library.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
2. Approval of Minutes
2.1 Approve minutes of January 13, 2022 Pension Advisory Committee meeting as
submitted in written summation.
Member Hibbard moved to approve minutes of January 13, 2022
Pension Advisory Committee meeting as submitted in written
summation. The motion was duly seconded and carried unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda: None
4. New Business Items
4.1 Recommend approval of the new hires for acceptance into the Pension Plan as listed.
Name, Job. Class, & Dept./Div. Pension Eligibility Date
Kindred, Charles, Custodial Worker, Police Department 01/03/2022
Johnson, Christopher, Traffic Signal Technician, Engineering 01/31/2022
Capone, Matthew, Police Officer, Police Department 01/03/2022
McCallum, Benjamin, Police Officer, Police Department 01/03/2022
Mengerink, Adam, Police Officer, Police Department 01/03/2022
Negron, Samantha, Police Officer, Police Department 01/03/2022
Neighly, Kathern, Senior Accountant, Solid Waste & Recycling 01/03/2022
Pinsker, Kristen, Police Officer, Police Department 01/03/2022
Robinson, Alicia, Development Review Technician, Planning & Development 01/03/2022
Styles, Lauren, Police Officer, Police Department 01/03/2022
Taggart, Steven, Wastewater Treatment Plant Oper. Trainee, Public Utilities 01/03/2022
Prins, Dylan, Planner, Planning & Development 01/10/2022
Johnson, Brandy, Customer Service Representative, Utility Customer Service 01/18/2022
Biondo, Vito, Meter Reader, Utility Customer Service 01/18/2022
Sivanish, Leland, Senior Accountant, Engineering - Stormwater 01/18/2022
Blauvelt, Shawna, Contracts & Procurement Specialist, Engineering 01/18/2022
Wingfield, Ryan, Parking Enforcement Specialist, Engineering - Parking 01/18/2022
Nina, Joel, Police Cadet, Police Department 01/15/2022
Perry, Michele, Police Cadet, Police Department 01/15/2022
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City of Clearwater
Pension Advisory Committee Meeting Minutes March 10, 2022
Mitchell, Jonathan, Police Cadet, Police Department 01/15/2022
Green, Marquez, Solid Waste Worker, Solid Waste & Recycling 01/31/2022
Harris, Brooke, Senior Systems Programmer, Information Technology 01/31/2022
Mannossos, Tara, Utility Dispatcher, Gas System 01/31/2022
Reich, Owen, Police Cadet, Police Department 01/15/2022
Wojciechowska, Barbara, Accounting Technician, Public Utilities 01/15/2022
Cothran, Saul, Parking Enforcement Specialist, Engineering - Parking 01/15/2022
Butler, Alexis, Customer Service Representative, Utility Customer Service 02/14/2022
Burgett, Jennifer, Staff Assistant, Engineering — Stormwater 02/14/2022
Hopkinson, Karri, Gas Technician Apprentice, Gas 02/14/2022
Olson, Tyler, Parks Service Technician, Parks & Recreation 02/14/2022
Potter, Jordan, Crime Analyst, Police Department 02/14/2022
Chadwick, Evan, Crime Analyst, Police Department 02/14/2022
Klein, Janice, Crime Analyst, Police Department 02/14/2022
Rice, Lloyd, Recreation Leader, Parks & Recreation 02/14/2022
Member Hibbard moved to recommend approval of the new hires
for acceptance into the Pension Plan as listed. The motion was duly
seconded and carried unanimously.
4.2 Recommend approval of the following request of employees John Allen, Public Utilities
Department, Benjamin Coccia, Planning and Development Department, Stephen Colbert,
Fire Department, Patrick Conrey, Fire Department, Gerard Devivo, Fire Department, Eric
Gandy, Police Department, Judith LaCosse, Official Records and Legislative Department,
David Larremore, Engineering Department, Charles Jeffries, Public Utilities Department,
Lance Kielich, General Service Department, Denis O'Connor, Fire Department, and Levi
Outley, Parks and Recreation Department for a regular pension as provided by Sections
2.416 and 2.424 of the Employees' Pension Plan.
John Allen, Water Distribution Operator, Public Utilities Department,
was employed by the City on September 23,1985, and his pension service
credit is effective on that date. His pension will be effective March 1, 2022.
Based on an average salary of approximately $65,716.79 over the past five
years, the formula for computing regular pensions and Mr. Allen's selection
of the Joint and Survivor Annuity, this pension benefit will be approximately
$65,716.80 annually.
Benjamin Coccia, Senior Plans Examiner, Planning and Development
Department, was employed by the City on July 8, 1996, and his pension
service credit is effective on that date. His pension will be effective August
1, 2022. Based on an average salary of approximately $72,096.64 over the
past five years, the formula for computing regular pensions and Mr. Coccia's
selection of the Single Life Annuity, this pension benefit will be
approximately $51,670.20 annually.
Stephen Colbert, Fire Medic, Fire Department, was employed by the City
on December 12, 1994, and his pension service credit is effective on that
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City of Clearwater
Pension Advisory Committee Meeting Minutes March 10, 2022
date. His pension will be effective February 1, 2022. Based on an average
salary of approximately $93,228.62 over the past five years, the formula for
computing regular pensions and Mr. Colbert's selection of the 100% Joint
and Survivor Annuity with a 30% partial lump sum, this pension benefit will
be approximately $47,594.40 annually.
Patrick Conrey, Fire Lieutenant, Fire Department, was employed by the
City on October 16, 2000, and his pension service credit is effective on that
date. His pension will be effective February 1, 2022. Based on an average
salary of approximately $108,351.24 over the past five years, the formula for
computing regular pensions and Mr. Conrey's selection of the 100% Joint
and Survivor Annuity with a 30% partial lump sum, this pension benefit will
be approximately $43,578.96 annually.
Gerard Devivo, Fire Medic, Fire Department, was employed by the City on
October 4, 1999, and his pension service credit is effective on that date. His
pension will be effective March 1, 2022. Based on an average salary of
approximately $88,194.30 over the past five years, the formula for
computing regular pensions and Mr. Devivo's selection of the Single Life
Annuity, this pension benefit will be approximately $57,722.80 annually.
Eric Gandy, Police Deputy Chief, Police Department, was employed by
the City on July 29, 1991, and his pension service credit is effective on that
date. His pension will be effective March 1, 2022. Based on an average salary
of approximately $135,982.88 over the past five years, the formula for computing
regular pensions and Mr. Gandy's selection of the 100% Joint and Survivor
Annuity, this pension benefit will be approximately $111,732.48 annually.
Judith LaCosse, Staff Assistant, Official Records and Legislative
Department, was employed by the City on February 10, 2003, and her
pension service credit is effective on that date. Her pension will be effective
April 1, 2022. Based on an average salary of approximately $36,097.06 over
the past five years, the formula for computing regular pensions and Ms.
LaCosse's selection of the Single Life Annuity, this pension benefit will be
approximately $18,928.64 annually.
David Larremore, Traffic Engineering Analyst, Engineering Department,
was employed by the City on March 30, 1998, and his pension service credit
is effective on that date. His pension will be effective November 1, 2022.
Based on an average salary of approximately $66,325.00 over the past five
years, the formula for computing regular pensions and Mr. Larremore's
selection of the Single Life Annuity, this pension benefit will be approximately
$44,762.52 annually.
Charles Jeffries, Water Distribution Operator Lead, Public Utilities
Department, was employed by the City on January 14, 1991, and his
pension service credit is effective on that date. His pension will be effective
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Pension Advisory Committee Meeting Minutes March 10, 2022
February 1, 2022. Based on an average salary of approximately $54,564.65
over the past five years, the formula for computing regular pensions and Mr.
Jeffries' selection of the 50% Joint and Survivor Annuity, this pension benefit
will be approximately $43,538.88 annually.
Lance Kielich, Fleet Operations Trainer, General Services Department,
was employed by the City on February 11, 2002, and his pension service
credit is effective on June 14, 2002. His pension will be effective February 1,
2022. Based on an average salary of approximately $47,665.73 over the
past five years, the formula for computing regular pensions and Mr. Kielich
selection of the Single Life Annuity, this pension benefit will be approximately
$25,731.84 annually.
Denis O'Connor, Firefighter, Fire Department, was employed by the City
on September 24, 2001, and his pension service credit is effective on that
date. His pension will be effective February 1, 2022. Based on an average
salary of approximately $78,118.20 over the past five years, the formula for
computing regular pensions and Mr. O'Connor's selection of the 100% Joint
and Survivor Annuity with a 30% partial lump sum, this pension benefit will
be approximately $29,849.40 annually.
Levi Outley, Senior Parks Service Technician, Parks and Recreation
Department, was employed by the City on September 15, 1997, and his
pension service credit is effective on that date. His pension will be effective
April 1, 2022. Based on an average salary of approximately $40,426.18 over
the past five years, the formula for computing regular pensions and Mr.
Outley's selection of the Single Life Annuity this pension benefit will be
approximately $25,910.64 annually.
Section 2.416 provides for normal retirement eligibility for non-hazardous
duty employees hired prior to the effective date of this reinstatement
(1/1/13), a member shall be eligible for retirement following the earlier of the
date on which a participant has reached the age of fifty-five (55) years and
completed twenty (20) years of credited service; the date on which a
participant has reached age sixty-five (65) years and completed ten (10)
years of credited service; or the date on which a member has completed
thirty (30) years of service regardless of age. Mr. Allen, Mr. Coccia, Ms.
Lacosse, Mr. Larremore, Mr. Jeffries, Mr. Kielich, and Mr. Outley have all
met the non-hazardous duty criteria.
Section 2.416 provides for normal retirement eligibility for hazardous duty
employees, a member shall be eligible for retirement following the earlier of
the date on which the participant has completed twenty (20) years of
credited service regardless of age, or the date on which the participant has
reached fifty-five (55) years and completed ten (10) years of credited
service. Mr. Colbert, Mr. Conrey, Mr. Devivo, Mr. Gandy, and Mr. O'Connor
have all met the hazardous duty criteria.
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City of Clearwater
Pension Advisory Committee Meeting Minutes March 10, 2022
Member Bunker moved to recommend approval of the following
request of employees John Allen, Public Utilities Department,
Benjamin Coccia, Planning and Development Department, Stephen
Colbert, Fire Department, Patrick Conrey, Fire Department, Gerard
Devivo, Fire Department, Eric Gandy, Police Department, Judith
LaCosse, Official Records and Legislative Department, David
Larremore, Engineering Department, Charles Jeffries, Public Utilities
Department, Lance Kielich, General Service Department, Denis
O'Connor, Fire Department, and Levi Outley, Parks and Recreation
Department for a regular pension as provided by Sections 2.416 and
2.424 of the Employees' Pension Plan. The motion was duly seconded
and carried unanimously.
4.3 Informal hearing for Jesse Myers request for job-connected disability pension
Attorney for the Committee Stuart Kaufman reviewed Jesse Myers'
application for a job-connected disability pension and requirements of the
Code. According to Florida Statute 112.18, a hazardous duty employee's
heart related disability is presumed to be service-connected unless proof
is submitted re a pre-existing condition; Mr. Myers'employment physical
showed no evidence of heart disease. None of the listed exclusions applied.
Member Bunker moved to accept into evidence the entire file, inclusive
of the application, personnel file, interrogatories, medical records, and
the IME. The motion was duly seconded and carried unanimously.
Attorney Kaufman reviewed Mr. Myers'prognosis history and said the IME
(Independent Medical Exam) doctor had determined that Mr. Myers had
reached MMI (Maximum Medical Improvement) and was totally and permanently
disabled from performing hazardous duties. The City would not contest the
application. There was no expectation that Mr. Myers would return to work.
Attorney Jason Fox, representing Mr. Myers, reviewed Mr. Myers'medical
conditions and recommended approval of Mr. Myers'service-connected
disability pension.
Consensus was to act on the request.
Member Newland moved that Jesse Myers met the requirements
for a job-related disability pension as he was disabled by reason
of an injury suffered or an illness contracted in the line of duty,
such disability is likely to be continuous and permanent from a
cause other than those listed as general disability exclusions, and
he is unable, by reason of a medically determinable physical or
mental impairment, to render useful and efficient service as a
police officer. The motion was duly seconded and carried unanimously.
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Pension Advisory Committee Meeting Minutes March 10, 2022
Mr. Myers was thanked for his service to the community and offered best
wishes.
4.4 Informal hearing for Kurt Hentschel request for job-connected disability pension
Attorney for the Committee Stuart Kaufman reviewed Kurt Hentschel's
application for a job-connected disability pension and requirements of the
Code. None of the listed exclusions applied.
Attorney Tonya Oliver, representing Mr. Hentschel, said this week she had
submitted a police investigation report into one of two incidences referenced
in his case. Attorney Kaufman said he had reviewed the graphic file and
opined the Committee did not need to review it or accept it into evidence.
Member Hibbard moved to accept into evidence the entire file, inclusive
of the application, personnel file, interrogatories, medical records, and
the IME, including the police report submitted this week by Attorney
Oliver. The motion was duly seconded and carried unanimously.
Attorney Kaufman summarized police incidents related to Mr. Hentschel's
prognosis and reported his primary care doctor had determined he had
reached MMI in June 2021. The IME doctor determined Mr. Hentschel was
totally and permanently disabled from performing hazardous duties. The City
terminated Mr. Hentschel for health reasons on November 2, 2021.
Attorney Oliver discussed Mr. Hentschel's multiple awards for meritorious
and distinguished service while working as a Clearwater Police Officer and
reviewed his medical condition and incidents related to his disability. She
requested the Committee approve Mr. Hentschel's service-connected
disability pension.
Attorney Kaufman said based on case law, the Committee cannot deny Mr.
Hentschel's request for a disability pension as he was terminated due to his
medical condition. Nothing in the record supported denial of a service-
connected disability pension.
Consensus was to act on the request.
Member Record moved that Kurt Hentschel met the requirements for a
job-related disability pension as he was disabled by reason of an injury
suffered or an illness contracted in the line of duty, such disability is
likely to be continuous and permanent from a cause other than those
listed as general disability exclusions, and he is unable, by reason of a
medically determinable physical or mental impairment, to render useful
and efficient service as a police officer. The motion was duly seconded
and carried unanimously.
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City of Clearwater
Pension Advisory Committee
Meeting Minutes March 10, 2022
Mr. Hentschel was thanked for his service to the community and offered best
wishes.
4.5 Appoint 7th Committee Member
Member Hamilton moved to reappoint Nathan Hightower as the 7th
member of the PAC. The motion was duly seconded and carried
unanimously.
4.6 Appoint Ellen Ayo, Kyle Mueller, John Klinefelter, Greg Bowen and Denise Balog to serve
as the PAC Election Committee with John Klinefelter serving as Chairman. (employee
only item)
Member Newland moved to appoint Ellen Ayo, Kyle Mueller, John
Klinefelter, Greg Bowen and Denise Balog to serve as the PAC
Election Committee with John Klinefelter serving as Chair. The
motion was duly seconded. Members Newland, Eversole, and
Record voted "Aye." Motion carried unanimously.
5. Old Business Items: None.
6. Director's Report
Human Resources Director Jennifer Poirrier said 2 disability cases were
pending.
Attorney Kaufman said re public safety employees, the Legislature amended
the filing deadline for PTSD disability applications and took no action re
COVID related disabilities.
7. Board Members to be Heard
8. Adjourn
Attest:
Board Reporte
City of Clearwater
Member Hamilton said today was his last meeting. He said it had been an
honor to serve with Committee Members.
The meeting adjourned at 9:31 a.m.
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Chair, Pension Aisory Committee