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Minutes - 02/09/2005 - Firefighter's Pension Fund BoardMINUTES OF THE FEBRUARY 9, 2005 REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE OAK BROOK FIREFIGHTERS' PENSION FUND APPROVED AS WRITTEN ON APRIL 28, 2005. 1. CALL TO ORDER: The Meeting of the Board of Trustees of the Oak Brook Firefighters' Pension Fund was called to order by President McEllin at 8:36 a.m. in the Upper Level Conference Room of the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois. 2. ROLL CALL: Recording Secretary Gonnella called the roll with the following persons PRESENT: President Thomas McEllin, Secretary Clifford Ekkert, Trustees Linda K. Gonnella, Darrell J. Langlois and Thomas Stanfa. ABSENT: Trustees Kevin Quinlan and Raymond Petter. IN ATTENDANCE: Brian Speers and Jim Brolin, Merrill Lynch; Vice Presidents Tom Sawyer and Terese Krafcheck Oak Brook Bank and Actuary Timothy Sharpe. 3. APPROVAL OF MINUTES: a. November 9, 2004 Trustee Cronholm asked that the Minutes of November 9, 2004 be amended under Agenda Item 4. New business, b. Discussion of Creditable Service to correct the spelling to Robert Robertson and that his five years of service is from Franklin Park. Motion by Trustee Cronholm, seconded by Secretary Ekkert, to approve the November 9, 2004 Minutes of the Oak Brook Firefighters' Pension Fund Board of Trustees Meeting as amended. VOICE VOTE: Motion carried. b. October 20, 2004 Motion by Trustee Cronholm, seconded by Secretary Ekkert, to approve the October 20, 2004 Minutes of the Oak Brook Firefighters' Pension Fund Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. It is noted for the record that Recording Secretary Gonnella was requested to copy all Minutes of the Board of Trustees from 2001 to present for the Board of Trustees of the Oak Brook Page 1 of 8 February 9, 2005 Firefighters' Pension Fund Minutes 3. b. audit of the Oak Brook Firefighters' Pension Fund by the Department of Insurance. In the research of these minutes, she found official minutes that had not been approved by the Board of Trustees and therefore were presented for approval to the Board at this time. The agenda was revised to include the following minutes for Board approval: c. September 9, 2003 — 9:00 a.m. Trustee Kubiesa asked that the September 9, 2003 Minutes be amended to read under Agenda Item 4. To read: "Trustee Kubiesa recused himself due to an appearance of a conflict of interest as Natalie Watkins is an employee in his law firm." Motion by Trustee Cronholm, seconded by Trustee Kubiesa, to approve the September 9, 2003 Minutes of the Oak Brook Firefighters' Pension Fund Board of Trustees Meeting as amended. VOICE VOTE: Motion carried. d. September 9, 2003 — 1:00 p.m. Motion by Trustee Langlois, seconded by Trustee Kubiesa, to approve the September 9, 2003 Minutes of the Oak Brook Firefighters' Pension Fund Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. e. September 24, 2003 Motion by Trustee Langlois, seconded by Trustee Kubiesa, to approve the September 24, 2003 Minutes of the Oak Brook Firefighters' Pension Fund Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. Recording Secretary Gonnella also noted that in preparing the Minutes of the Oak Brook Firefighters' Pension Fund Board of Trustees for the audit of The Fund by the Department of Insurance that there were two sets of minutes that were signed as approved for the August 7, 2003 Board meeting. She asked the Board for approval to destroy one set of minutes. Motion by Trustee Kubiesa, seconded by Trustee Langlois, to approve the destruction of a duplicate set of Minutes for the August 7, 2003 Oak Brook Firefighters' Pension Fund Board of Trustees. VOICE VOTE: Motion carried. Recording Secretary Gonnella further requested approval of a Bath & Tennis Club invoice as presented. Trustee Kubiesa indicated that this item could be presented for approval. Board of Trustees of the Oak Brook Page 2 of 8 February 9, 2005 Firefighters' Pension Fund Minutes 3. Motion by Trustee Langlois, seconded by Secretary Ekkert, to approve the Oak Brook Bath & Tennis Club invoice as presented. ROLL CALL VOTE: Ayes: 7 — President McEllin, Secretary Ekkert, Trustees Cronholm, Gonnella, Kubiesa, Langlois and Stanfa. Nays: 0 — None. Absent: 2 — Trustees Petter and Quinlan. Motion carried. 4. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Cronholm, seconded by Secretary Ekkert, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 7 — President McEllin, Secretary Ekkert, Trustees Cronholm, Gonnella, Kubiesa, Langlois and Stanfa. Nays: 0 —None. Absent: 2 — Trustees Petter and Quinlan. Motion carried. a. Approval of October 1 -31, 2004 checks #3004 -3017 and #6094 -6112 in the total amount of $89,568.87 b. Approval of November 1 -30, 2004 checks #3018 -3032 and #6113 -6131 in the total amount of $89,100.77 c. Approval of December 1 -31, 2004 checks #3033 -3050 and #6132 -6150 in the total amount of $91,289.71 5. ITEMS REMOVED FROM THE CONSENT AGENDA — None presented. President McEllin requested that Agenda Item 6. a. & b. be addressed later in the agenda so that Actuary Sharpe may present his actuarial report at this time. The Board concurred with his recommendation. 7. NEW BUSINESS: a. Actuarial Report Presentation — Timothy Sharpe Actuary Sharpe reported to the Board that The Fund has earned almost $4,000,000 in the last two years with a combined investment return of almost 8 %. Trustee Kubiesa inquired as to why the percentage funded decreased from a Board of Trustees of the Oak Brook Page 3 of 8 February 9, 2005 Firefighters' Pension Fund Minutes 7. a. 81.1% to 80.0% with such an investment return. Actuary Sharpe explained that two disabilities occurred this year and there was a salary increase. Trustee Kubiesa then asked how much of The Fund should be funded. Actuary Sharpe indicated that 100% is the target goal. The annual pension payments are $986,000 as there are many disability pensions and retirees from this Fund but the Village always makes their contribution to The Fund. Finance Director Langlois explained that there are two portability issues of Robert Robertson and Robert Cronholm to be factored into The Fund. Actuary Sharpe is waiting for Director Langlois' calculations in this regard. Motion by Trustee Langlois, seconded by Trustee Cronholm, to direct Actuary Sharpe to complete the actuarial study of the Oak Brook Firefighters' Pension Fund with final investment numbers calculated with 7.50% interest rate and 5.25% salary. ROLL CALL VOTE: Ayes: 7 — President McEllin, Secretary Ekkert, Trustees Cronholm, Gonnella, Kubiesa, Langlois and Stanfa. Nays: 0 —None. Absent: 2 —. Trustees Petter and Quinlan. Motion carried. Trustee Langlois reported that The Fund is over the statutory limit of 45% in equities in the amount of $600,000 to $700,000. The Investment Policy calls for re- balancing The Fund at the June meeting and he asked the Board what they wished to do as there are no procedures for this. He suggested reviewing the stock allocations, Illinois Fund, Oak Brook Bank, Northern Trust and Merrill Lynch has $500,000 available in cash also. Trustee Kubiesa recommended making a change as interest rates are increasing and balance The Fund. The Board discussed this issue. b. Oak Brook Bank Investment Presentation Tom Sawyer, Oak Brook Bank, gave the investment management presentation. The bank has managed The Fund for one full quarter of performance on $9,666,265. Value added from the investments totaled $33,491, the money market increase was 0.42% with a total account return of 0.35 %. The fixed income section allocations were U. S. Treasury Securities 21%, US Government Agency Notes/Bonds non - callable 39 %, US Government Agency Notes /Bonds callable 22 %, Taxable Municipal Bonds 10% and US Government Agency Mortgage backed securities 8 %. Mr. Sawyer indicated there is more risk at short term interest rates rather than long term and the bank is moving out the duration of the investments. Board of Trustees of the Oak Brook Page 4 of 8 February 9, 2005 Firefighters' Pension Fund Minutes 7. b. The portfolio was diversified somewhat without any more GNMA's. The bank bought taxable municipal bonds, sold a 6.5% treasury note and reinvested in U.S. Treasury Inflation Index Notes. Mr. Sawyer introduced Vice President Terese Krafcheck also will be attending the Board meetings in presenting their investment management strategies. Motion by Trustee Langlois, seconded by Trustee Gonnella, to approve the investment transactions presented in Tab 5 of Oak Brook Bank's Investment Management Presentation. ROLL CALL VOTE: Ayes: 7 — President McEllin, Secretary Ekkert, Trustees Cronholm, Gonnella, Kubiesa, Langlois and Stanfa. Nays: 0 — None. Absent: 2 — Trustees Petter and Quinlan. Motion carried. c. Merrill Lynch Investment Presentation Jim Bolin, Merrill Lynch, gave an investment management presentation of The Fund from August through the end of this year with a beginning balance of $8,200,150. There was a 15.3% in the value of The Fund and as of January, 2005 the market value of The Fund is $9,155,292. He indicted that $72,000 from the money market funds was reinvested. They do not believe that anything needs to be rebalanced as The Fund is growing to the Board's target allocations. Brian Speers, Merrill Lynch, commented that he has discussed with Oak Brook Bank's Tom Sawyer and the Village's Finance Director Darrell Langlois a change with State Street Emerging Growth Fund. Black Rock bought this fund and Neil Wagner is the new manager of the fund. He has a good record in small cap growth and they will wait to see how the fund performs. President McEllin suggested that the Board wait and see what Mr. Wagner will do with the fund. Director Langlois noted that Scudder Drummond has trailed quite a bit and what is the decision making point to move from one of these funds. Mr. Speers stated that would make a recommendation if it consistently under performs for three years and review David Drummond has done. Mr. Speers explained that the majority of The Fund is in large cap funds. When moving down in size there is an increase in risk as growth still is more risky than value style. He asked the Board if they want to allocate now from stocks to bonds. Trustee Cronholm recommended that the Board review Black Rock Board of Trustees of the Oak Brook Page 5 of 8 February 9, 2005 Firefighters' Pension Fund Minutes 7. C. as the movement should be small and get closer to the 45% rather than $1,000,000 in July. Trustee Langlois recommended transferring $71,000 from the money market, $300,000 from Merrill Lynch and $200, 000 from IPTIP to Oak Brook Bank. Motion by Trustee Kubiesa, seconded by Trustee Cronholm, to transfer $71,000 from the money market, $300,000 from Merrill Lynch and $200,000 from IPTIP to Oak Brook Bank. ROLL CALL VOTE: Ayes: 7 — President McEllin, Secretary Ekkert, Trustees Cronholm, Gonnella, Kubiesa, Langlois and Stanfa. Nays: 0 —None. Absent: 2 — Trustees Petter and Quinlan. Motion carried. The meeting recessed at 9:45 a.m. and reconvened at 9:52 a.m. 6. UNFINISHED BUSINESS: b. Approval of Decision and Order - Scott Harris Disability Application President McEllin explained that he had spoken with Board Attorney Richard Reimer with the Findings of Fact and evidence presented with Scott Harris' duty disability hearing. The Board discussed the issue of the findings of fact and requested Attorney Reimer to prepare the findings of fact based on the preponderance of the evidence presented. It was a consensus of the Board to direct Board Attorney Richard Reimer to prepare the Findings of Fact based upon the preponderance of the evidence presented in the Scott Harris duty disability hearing. Trustee Cronholm noted that the transcript of the hearing will document the decision that was made by the Board. 7. d. Approval of 2005 Firefighters Pension Increases Motion by Trustee Langlois, seconded by Secretary Ekkert, to approve the 2005 Firefighters Pension Increases as presented. ROLL CALL VOTE: Ayes: 6 — President McEllin, Secretary Ekkert, Trustees Cronholm, Gonnella, Langlois, Petter and Stanfa. Nays: 0 — None. Board of Trustees of the Oak Brook Page 6 of 8 February 9, 2005 Firefighters' Pension Fund Minutes 7. Absent: 3 — Trustees Kubiesa, Petter and Quinlan. Motion carried. e. Approval of Lauterbach & Amen Contract Motion by Trustee Langlois, seconded by Trustee Cronholm, to approve the Lauterbach & Amen Contract in the amount of a $650 monthly accounting fee, $650 fee for payroll tax returns and a $650 fee for the year audit of The Fund. ROLL CALL VOTE: Ayes: 6 — President McEllin, Secretary Ekkert, Trustees Cronholm, Gonnella, Langlois, Petter and Stanfa. Nays: 0 — None. Absent: 3 — Trustees Kubiesa, Petter and Quinlan. Motion carried. 6. a. Approval of Annual Disability Medical Examination — Sean Smyth President McEllin explained that Sean Smyth will continue to have an annual disability medical examination until the age of 50. He spoke with Dr. Moisan in a search for a new physician to exam Sean Smyth. He recommended Dr. Wendell Wolff who works at the Del Rey Beach Fire Rescue Clinical Services in Florida. Motion by Trustee Cronholm, seconded by Trustee Gonnella, to request Dr. Wendell Wolff to perform a disability medical examination of Sean Smyth. ROLL CALL VOTE: Ayes: 6 — President McEllin, Secretary Ekkert, Trustees Cronholm, Gonnella, Langlois, Petter and Stanfa. Nays: 0 —None. Absent: 3 — Trustees Kubiesa, Petter and Quinlan. Motion carried. President McEllin will check to determine what medical records are required according to HIPAA. Basic information of the Fire Department and job description are required to be sent to the new doctor. A signed release of medical records form is required by Sean Smyth. Secretary Ekkert requested that Attorney Reimer be contacted to determine what the liability of the pension fund is if Sean Smyth is found not to be disabled. The Board may exercise its right if he is determined not to be disabled then he is to report to the Fire Chief. 8. INFORMATION AND UPDATES: President McEllin commented that the stenographer reports on the findings of fact will be in disk form and the transcripts of the Gary Naus and Scott Harris duty disability hearings. Board of Trustees of the Oak Brook Page 7 of 8 February 9, 2005 Firefighters' Pension Fund Minutes The Board discussed dates for the next Board meeting to be April 27th at 8:30 a.m. in the Upper Level Conference Room. 9. ADJOURNMENT: Motion by Trustee Cronholm, seconded by Trustee Stanfa, to adjourn the regular meeting at 10:20 a.m. to the regular meeting. VOICE VOTE: Motion carried. ATTEST: Clifford Ekkert Secretary Linda K. Gonnella Recording Secretary Board of Trustees of the Oak Brook Page 8 of 8 February 9, 2005 Firefighters' Pension Fund Minutes