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07/18/2022 - SpecialMonday, July 18, 2022 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Pension Trustees Special Meeting Agenda Special Meeting July 18, 2022Pension Trustees Special Meeting Agenda Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following four options to ensure public comment for a virtual meeting: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2)Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting (July 17) will become part of the official record. The City Clerk will read received comments into the record. 3)Council Chambers - Additionally, like any other council meeting, the public may provide public comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all speakers desiring to appear in person will be subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter council chambers but will be able to participate through the remote options described above. 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the June 13, 2022 Pension Trustees Meeting as submitted in written summation by the City Clerk. 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items 4.1 Authorize the City Attorney to hire the law firm of Banker, Lopez, Gassler, P.A. to represent the City’s executive branch of government in connection with matters pertaining to disability pension claims heard before the Pension Advisory Committee (PAC), approve a legal services agreement on behalf of the Pension Trustees, and authorize the appropriate officials to execute same. 5. Adjourn Page 2 City of Clearwater Printed on 7/13/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0726 Agenda Date: 7/18/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Pension Trustees Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the June 13, 2022 Pension Trustees Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/13/2022 Pension Trustees Meeting Minutes June 13, 2022 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Monday, June 13, 2022 9:00 AM Main Library - Council Chambers Pension Trustees Draft Pension Trustees Meeting Minutes June 13, 2022 Page 2 City of Clearwater Roll Call Present 5 - Chair Frank Hibbard, Trustee David Allbritton, Trustee Hoyt Hamilton, Trustee Kathleen Beckman, and Trustee Mark Bunker Also Present – Jon Jennings – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, David Margolis - City Attorney, Rosemarie Call – City Clerk, Nicole Sprague – Deputy City Clerk, and Jennifer Poirrier – Human Resources Director To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Chair Hibbard The meeting was called to order at 11:44 a.m. 2. Approval of Minutes 2.1 Approve the minutes of the May 16, 2022 Pension Trustees Meeting as submitted in written summation by the City Clerk. Trustee Allbritton moved to approve the minutes of the May 16, 2022 Pension Trustees Meeting as submitted in written summation by the City Clerk. 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 Approve the new hires for acceptance into the Pension Plan as listed. Last Name/First Name/Job Classification/Department Pension Eligible Date MARGNELLI, JOHN, POLICE OFFICER, POLICE DEPARTMENT 04/11/2022 GREEN, TABITHA, LIBRARY ASSISTANT, LIBRARY 04/11/2022 DRONCHEFF, RICHARD, GAS TECHNICIAN, GAS SYSTEM 02/28/2022 HUBERTY, CORY, GAS TECHNICIAN, GAS SYSTEM 03/28/2022 Draft Pension Trustees Meeting Minutes June 13, 2022 Page 3 City of Clearwater DAY, SAWYER, PARKS SERVICE TECHNICIAN, PARKS & RECREATION 02/27/2022 HAVENSTEIN, RHETT, GAS TECHNICIAN, GAS SYSTEM 02/28/2022 LAROCK, JARED, FLEET MECHANIC, GS - FLEET 02/28/2022 PATRICIO-CHARREZ, GREGORIO, STREETS & SIDEWALKS TECH, PARKS & REC 02/28/2022 ROSS, CALLEIGH, RECREATION SPECIALIST, PARKS & RECREATION 02/28/2022 SAPP, RAYSHAWN, SOLID WASTE WORKER, SOLID WASTE & RECYCLING 02/28/2022 SAWYER, HUNTER, SKILLED TRADESWORKER, PARKS & RECREATION 02/28/2022 WINGFIELD, MARKISE, SOLID WASTE WORKER, SOLID WASTE & RECYCLING 02/28/2022 ALCANI, MIRELA, SAMPLING TECHNICIAN, PUBLIC UTILITIES 03/14/2022 KNOBLOCK, BRIAN, WSTWTR TRTMNT PLANT OPER B, PUBLIC UTILITIES 03/14/2022 KRUKOWSKI, KYLE, RECREATION LEADER, PARKS & RECREATION 03/14/2022 RILEY, JACORRIE, WASTEWATER COLLECTIONS TECH, PUBLIC UTILITIES 03/14/2022 YIN, YUE, SUSTAINABILITY SPECIALIST, CITY MANAGER 03/14/2022 BUZZELL, BRANDON, PARKING ENFORCEMENT SPEC, ENGR - PARKING 03/14/2022 BRISLIN, GAIL, POLICE RECORDS SPECIALIST, POLICE DEPARTMENT 03/14/2022 FACKLER, ASHLEY, POLICE RECORDS SPECIALIST, POLICE DEPARTMENT 03/14/2022 ARNOLD, MITCHELL, PARKS SERVICE TECHNICIAN, PARKS & RECREATION 03/28/2022 CASTILLO, EDWARD, TREE TRIMMER, PARKS & RECREATION 03/28/2022 DODSON, DEANTHONY, PARKS SERVICE TECHNICIAN, PARKS & RECREATION 03/28/2022 HALL, JEREMY, PARKS SERVICE TECHNICIAN, PARKS & RECREATION 03/28/2022 LOWE, ANDREW, PARKS SERVICE TECHNICIAN, PARKS & RECREATION 03/28/2022 SERRICCHIO, JOHN, CUSTODIAL WORKER, MARINE & AVIATION 03/28/2022 TINAJERO PENA, ISRAEL, WATER DISTR OPER TRAINEE, PUBLIC UTILITIES 03/28/2022 ADAM, MELINDA, DEVELOPMENT REVIEW TECHNICIAN, PLANNING & DEV 03/28/2022 FULTON, DERRICK, PARKS SERVICE TECHNICIAN, PARKS & RECREATION 04/11/2022 LASSITER, ERIC, WASTEWATER COLLECTIONS TECH, PUBLIC UTILITIES 04/11/2022 REED, ROBERT, SOLID WASTE WORKER, SOLID WASTE & RECYCLING 04/11/2022 Draft Pension Trustees Meeting Minutes June 13, 2022 Page 4 City of Clearwater DANIELSON, SHEAMUS, CUSTODIAL WORKER, MARINE & AVIATION 04/11/2022 BERRY, CAROLINE, SURVEY ASSISTANT, ENGINEERING 04/11/2022 DISTEL, ERIC, PARKING, FAC & SEC AIDE, ENGR - PARKING 04/09/2022 CRAIG, RACHEL, POLICE TELECOMMUNICATOR, POLICE DEPARTMENT 04/11/2022 WRONA, AARON, DEVELOPMENT REVIEW TECHNICIAN, PLANNING & DEV 04/11/2022 MCGOWAN, SEAN, CUSTOMER SERVICE REP, UTILITY CUSTOMER SERVICE 04/11/2022 CEMBRALE, DONALD, POLICE TELECOMMUNICATOR, POLICE DEPARTMENT 04/11/2022 Trustee Beckman moved to approve the new hires for acceptance into the Pension Plan as listed. The motion was duly seconded and carried unanimously. 4.2 Approve the following request of employees Leroy Bostick, Solid Waste and Recycling Department, and Julie Phillips, Planning and Development Department, to vest their pension as provided by Section 2.419 of the Employees’ Pension Plan. Leroy Bostick, Solid Waste Worker, Solid Waste & Recycling Department, was employed by the City on September 28, 2009, and began participating in the Pension Plan on that date. Mr. Bostick terminated from City employment on March 2, 2022. Julie Phillips, Inspector Specialist, Planning and Development Department, was employed by the City on August 21, 1995, and began participating in the Pension Plan on that date. Ms. Phillips terminated from City employment on March 25, 2022. The Employees’ Pension Plan provides that should an employee cease to be an employee of the City of Clearwater or change status from full-time to part-time after completing ten or more years of creditable service (pension participation), such employee shall acquire a vested interest in the retirement benefits. Vested pension payments commence on the first of the month following the month in which the employee normally would have been eligible for retirement. Section 2.416 provides for normal retirement eligibility for non-hazardous duty employees hired prior to the effective date of this reinstatement (January 1, 2013), a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 55 years and completed 20 years of credited service; the date on which a participant has reached age 65 years Draft Pension Trustees Meeting Minutes June 13, 2022 Page 5 City of Clearwater and completed ten years of credited service; or the date on which a member has completed 30 years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 60 years and completed 25 years of credited service; or the date on which a participant has reached the age of 65 years and completed ten years of credited service. Mr. Bostick will meet the non-hazardous duty criteria and begin collecting a pension in October 2029. Ms. Phillips will meet the non-hazardous duty criteria and begin collecting a pension in November 2022. 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 20 years of credited service regardless of age, or the date on which the participant has reached 55 years and completed ten years of credited service. Trustee Bunker moved to approve the following request of employees Leroy Bostick, Solid Waste and Recycling Department, and Julie Phillips, Planning and Development Department, to vest their pension as provided by Section 2.419 of the Employees’ Pension Plan. The motion was duly seconded and carried unanimously. 4.3 Approve the following request of employees Robert Ackerman, Planning and Development Department, Sabrina Chute, Information Technology Department, Glenn Daniel, Public Utilities Department, Jose Fernandez, Fire Department, Peter Lopez, Fire Department, Eugene Nyland, Information Technology Department, Louis Pirman, Gas Department, Katie Rosa, Solid Waste and Recycling Department, Jeffrey Rosenbaum, General Services Department, and Todd Still, Public Utilities Department for a regular pension as provided by Sections 2.416 and 2.424 of the Employees’ Pension Plan. Robert Ackerman, Building Construction Inspector, Planning and Development Department, was employed by the City on July 19, 1999, and his pension service credit is effective on that date. His pension will be effective July 1, 2022. Based on an average salary of approximately $63,751.39 over the past five years, the formula for computing regular pensions and Mr. Ackerman’s selection of the Single Life Annuity, this pension benefit will be approximately $40,089.90 annually. Sabrina Chute, Information Technology Manager, Information Technology Department, was employed by the City on December 12, 1988, and her pension service credit is effective on October 8, 1989. Her pension will be effective May 1, 2022. Based on an average salary of approximately $90,916.73 over the past Draft Pension Trustees Meeting Minutes June 13, 2022 Page 6 City of Clearwater five years, the formula for computing regular pensions and Ms. Chute’s selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $74,336.76 annually. Glenn Daniel, Water Reclaim & Wastewater Coll. Manager, Public Utilities Department, was employed by the City on December 9, 1985, and his pension service credit is effective on that date. His pension will be effective May 1, 2022. Based on an average salary of approximately $89,343.64 over the past five years, the formula for computing regular pensions and Mr. Daniel’s selection of the 50% Joint and Survivor Annuity, this pension benefit will be approximately $84,099.48 annually. Jose Fernandez, Firefighter/Driver-Oper, Fire Department, was employed by the City on March 21, 2005, 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 $81,559.63 over the past five years, the formula for computing regular pensions and Mr. Fernandez’s selection of the Joint and Survivor Annuity, this pension benefit will be approximately $38,658.00 annually. Peter Lopez, Firefighter, Fire Department, was employed by the City on May 18, 1992, 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 $92,596.88 over the past five years, the formula for computing regular pensions and Mr. Lopez’s selection of the 100% Joint and Survivor Annuity with a 30% partial lump sum, this pension benefit will be approximately $51,707.88 annually Eugene Nyland, Network Engineer, Information Technology Department, was employed by the City on October 27, 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 $71,866.06 over the past five years, the formula for computing regular pensions and Mr. Nyland’s selection of the Single Life Annuity, this pension benefit will be approximately $48,150.72 annually. Louis Pirman, Senior Gas Technician, Gas Department, was employed by the City on October 25, 1999, and his pension service credit is effective on that date. His pension will be effective May 1, 2022. Based on an average salary of approximately $43,959.67 over the past five years, the formula for computing regular pensions and Mr. Pirman’s selection of the Single Life Annuity, this pension benefit will be approximately $27,193.32 annually. Katie Rosa, Solid Waste Equipment Operator, Solid Waste and Recycling Department, was employed by the City on February 26, 2001, and her pension service credit is effective on April 9, 2001. Her pension will be effective May 1, 2022. Based on an average salary of approximately $41,988.60 over the past five years, the formula for computing regular pensions and Ms. Rosa’s selection of the Single Life Annuity, this pension benefit will be approximately $24,315.72 annually. Draft Pension Trustees Meeting Minutes June 13, 2022 Page 7 City of Clearwater Jeffrey Rosenbaum, Building and Maintenance Supervisor, General Service Department, was employed by the City on October 19, 1987, and his pension service credit is effective on that date. His pension will be effective May 1, 2022. Based on an average salary of approximately $64,960.48 over the past five years, the formula for computing regular pensions and Mr. Rosenbaum’s selection of the 100% Joint and Survivor Annuity, this pension benefit will be approximately $60,385.08 annually. Todd Still, Water Distribution Foreman, Public Utilities Department, was employed by the City on November 30, 1987, and his pension service credit is effective on that date. His pension will be effective May 1, 2022. Based on an average salary of approximately $62,265.43 over the past five years, the formula for computing regular pensions and Mr. Still’s selection of the 50% Joint and Survivor Annuity, this pension benefit will be approximately $54,529.68 annually. Section 2.416 provides for normal retirement eligibility for non-hazardous duty employees hired prior to the effective date of this reinstatement (January 1, 2013), a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 55 years and completed 20 years of credited service; the date on which a participant has reached age 65 years and completed ten years of credited service; or the date on which a member has completed 30 years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 60 years and completed 25 years of credited service; or the date on which a participant has reached the age of 65 years and completed ten years of credited service. Mr. Ackerman, Ms. Chute, Mr. Daniel, Mr. Nyland, Mr. Pirman, Ms. Rosa, Mr. Rosenbaum, and Mr. Still 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 20 years of credited service regardless of age, or the date on which the participant has reached 55 years and completed ten years of credited service. Mr. Fernandez and Mr. Lopez have met the hazardous duty criteria. Trustee Teixeira moved to approve the following request of employees Robert Ackerman, Planning and Development Department, Sabrina Chute, Information Technology Department, Glenn Daniel, Public Utilities Department, Jose Fernandez, Fire Department, Peter Lopez, Fire Department, Eugene Nyland, Information Technology Department, Louis Pirman, Gas Department, Katie Rosa, Solid Waste and Recycling Department, Draft Pension Trustees Meeting Minutes June 13, 2022 Page 8 City of Clearwater Jeffrey Rosenbaum, General Services Department, and Todd Still, Public Utilities 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. 5. Adjourn The meeting adjourned at 11:45 a.m. Chair Employees’ Pension Plan Trustees Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0617 Agenda Date: 7/18/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Pension Trustees Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Authorize the City Attorney to hire the law firm of Banker, Lopez, Gassler, P.A. to represent the City’s executive branch of government in connection with matters pertaining to disability pension claims heard before the Pension Advisory Committee (PAC), approve a legal services agreement on behalf of the Pension Trustees, and authorize the appropriate officials to execute same. SUMMARY: In the City of Clearwater, the five members of the City Council serve as trustees of the City of Clearwater Employees’ Pension Fund. The board of trustees is authorized, pursuant to Clearwater Code of Ordinances Section 2.413(c), Plan administration, to retain professional and technical expertise necessary to fulfill the trustees’ fiduciary responsibilities. Additionally, Section 2.413(h) authorizes the trustees to appoint legal counsel when desirable in connection with the administration of the plan, and to pay for said counsel from the pension fund. The City Attorney serves as a neutral, independent advisor to the board of trustees. In addition, the City Attorney can serve as a neutral, independent advisor to the Pension Advisory Committee (PAC) established under Section 2.413(d). The PAC is tasked, by ordinance, with evaluating employee applications for disability pensions. While the City Attorney can serve as a neutral advisor to the PAC, state law and attorney ethics prohibit the City Attorney from simultaneously representing the executive branch of government before the same quasi-judicial board or committee to which the City Attorney is serving as a neutral advisor. Therefore, it is necessary to appoint an attorney outside the City Attorney’s Office to represent the Human Resources director and other executive branch officials in disability pension claims. The law firm of Banker, Lopez, Gassler, P.A. is being recommended due to their longstanding service to the City of Clearwater in worker’s compensation matters. Worker’s compensation claims relate closely to disability applications, and the law firm of Banker, Lopez, Gassler, P.A. will already be familiar with the medical and procedural history of each disability applicant. The firm has agreed to an hourly rate of $165.00 per hour for services performed by Mark E. Hungate, Esq. or another shareholder, $120.00 per hour for legal services by associate attorneys, and $95.00 for paralegal services. These rates will automatically increase to Page 1 City of Clearwater Printed on 7/13/2022 File Number: ID#22-0617 $180.00, $130.00 and $105.00 for shareholders, associate attorneys and paralegals, respectively, effective January 1, 2023. APPROPRIATION CODE AND AMOUNT: Funds are available in the Pension Fund professional services, 6467410-530100, to fund this contract. Page 2 City of Clearwater Printed on 7/13/2022