Minutes 01-24-11
MINUTES OF THE FINANCIAL ADVISORY COMMITTEE MEETING
HELD ON MONDAY, JANUARY 24,2011 AT 6:00 P.M.
AT THE LIBRARY ROOM "A," BOYNTON BEACH, FLORIDA
PRESENT
Don Scantlan, Chair
Michael Madalena, Vice Chair (arrived 6:16 p.rn.)
George Feldman
David Madigan
Merline Pamplona
William Shulman
Kurt Bressner, City Manager
Barry Atwood, Finance Director
ABSENT:
Terry Lonergan, Alternate
Chair Scantlan called the meeting to order at 6:00 p.m. The Recording Secretary called
the roll. A quorum was present.
Motion
Mr. Shulman moved to approve the agenda as presented. Mr. Madigan seconded the
motion that unanimously passed.
1. Approval of Minutes - December 13, 2010, January 10, 2011
There was one change to the January 20, 2011 meeting minutes on page 6, the first
paragraph, noted as underlined: "The event appeared to be successful, as 44-a 150 18-
hole rounds had been played that day, . . . ."
Motion
Mr. Shulman moved to approve the minutes as amended. Mr. Madigan seconded the
motion that unanimously passed.
2. Review and discussion of initial responses to Citizen Survey
The members noted 190 individuals took the survey and it was agreed the response
was a good start. The results were briefly reviewed and there was consensus to
continue the survey and market it. Chair Scantlan requested he receive the raw data in
Excel format so he can see how the data would be analyzed. It was noted
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January 24, 2011
the survey should be completed by the end of February or when the daily responses
were less than 10. Mr. Atwood would also request Mr. Segal issue a mid-point press
release about some of the results of the survey questions. Chair Scantlan requested Mr.
Atwood contact Vice Chair Madalena and Ms. Lonergan to inform them they should
contact their Homeowners Associations (HOAs). It was previously discussed Mr.
Madigan and Mr. Feldman would publicize the survey to their associations as well.
3. Discussion of paperless utility billing webinar by Best Practice I Fi-Serv
Check Free
Mr. Atwood explained this service has to do with paying bills through the bank. He does
not request an electronic copy from the bank, but he pointed out he pays all the bills
electronically through the bank. He noted one difference was Chair Scantlan and others
wanted an electronic copy of the bill and commented it can be sent via email the next
day. This was not through Pay-Pal. Chair Scantlan wanted to be able to have residents
pay with a credit card. Chair Scantlan thought once a good system was in place,
residents should pay a dollar if they want a paper bill. He thought the website was
good, but he was concerned about the price schedule. A Return on Investment analysis
would need to be conducted. Chair Scantlan did not think there was much of a change
in the process from the information gathered via magnetic or digital files the meter
readers use which generate some of the data on the bills.
This month, the information contained in the bill allowed residents to opt out of paper
billing but it appeared not all the steps were listed on the letter. Vice Chair Madalena
could not find the screen to opt out.
4. Report from Town Hall Meeting regarding :"Defined Benefit Public Pension
Forum" - Mike Madalena
Vice Chair Madalena attended the meeting in West Palm Beach regarding the Pension
Forum. The Florida Public Pension Trustees Association hosted the meeting, and the
president from Tallahassee and the local chapter, the actuary and a local pension
attorney were present.
Vice Chair Madalena's take on the panel discussion was it was from the perspective of
the stakeholders and their representatives. They discussed why Defined Benefit plans
were better and why the City should keep them and do everything they could to
preserve them. The presentation was skewed to that audience and they were advocates
for the Defined Benefit plans. They did not offer solutions, only that the Cities and
County need to look everywhere else for money before the pension funds are impacted.
Vice Chair Madalena indicated, a lot would change if the legislation in Tallahassee
allowed for different uses of the 175 funds under the administrative interpretation.
Those funds were the insurance premiums paid to a special fund for police and fire. If
the cities could use those funds differently then they do now, and he noted police and
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January 24, 2011
fire departments represent the largest pension obligation, there was a lot of opportunity
to assist all stakeholders. If the State could rework how they use those funds, it would
help manage the situation better. He noted the deadline for his report was due in March
and he would report on what is known and available in March. Should changes occur in
Tallahassee, he may need to amend his findings and recommendations in Mayor June.
Chair Scantlan agreed the meeting was held by advocates. The actuary explained an
unfunded mandate is the total liability of the plan today plus the unfunded obligation.
The City's unfunded liability was $90 million. The annual budget is $67 million. The
number used by the actuary to live out the pension obligations of the plan was a number
intended to cause panic or to be used in a worst-case scenario. The actuary proposed a
different number and Chair Scantlan thought the actuary's other proposal was a more
legitimate way to look at it. Over 30 years, if you figure out how much would have to be
taken out to cover the obligations, it was not that scary a number. The bottom line was,
if asked individually about the health of any given plan, it depended on the health of the
entity to cover its obligations. The idea was that the $90 million unfunded mandate was
being used "improperly to cause people to look at this as an untenable solution."
Vice Chair Madalena explained 5% of the budget will be used every year towards the
unfunded liability against a general fund budget of $67 million. There was the COLA that
would add to the cost although there would be investment gains. The expenditure for
police and fire together was twice the expenditure of the general employees, plus the
COLA because police and fire pensions are at a higher rate because they are at special
risk.
Vice Chair Madalena commented the City still has to make the regular pension payment
each year. Discussion turned to it was more than 5% and it increased every year.
There are many factors and only three ways to get in trouble with a Defined Benefit
plan. One is not to fund it or over promise or create benefits, Le. a policy in place that
whatever one made on their last day, you are paid 50%. What was occurring was on the
last day of employment the employees were being promoted to six-figure salaries so
they could receive a higher benefit. This occurrence was called spiking and it was
gaming the system
Mr. Atwood explained one item that diminished the plans was the administrative
interpretation regarding the 175 and 185 monies was not backed by Statute. In the past,
municipalities were told the money had to be used for increased benefits. If the City
wanted to use excess money, it had to create excess benefits for fire and police. It
created a base amount that the additional monies could not be applied towards.
Vice Chair Madalena also commented that when talking of benefits and collective
bargaining, it immediately opens and breaks the contract for renegotiations for
everything. Most cities do not want to open negotiations during the middle of the
contract. They cannot look at benefits by themselves as a way to adjust only that
portion of a contract.
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Vice Chair Madalena had one recommendation which was to have the different classes
of employees increase their own personal level of contributions to the plan, but under
this bargaining agreement, it could not occur with police and fire. The percent of the
contribution by the employees varies with the three plans. General employees pay 7%
of payroll, police pay 8% and fire pays 12%. The answer to whom pays the most for
their pension plan was contingent on their salary. Each year the actuary provides the
total cost of the plan. There were many variables: employee contributions, the State
monies and the City makes up the balance. The plan has a lot of variables in it. The true
measure of how much general employees pay is the contribution not the percentage of
the salary. Police at 8% is far below the percentage of the total cost. Ideally, they
should all pay the same percent of the total assumption.
Mr. Atwood clarified the percentage of the total pension cost paid by fire is not as good
as the general employees because it was not as rich a plan. The general employees
pay the highest percentage of the total cost compared to the other two plans. The
percentages paid were contained in the bargaining agreements. Police and fire have a
richer plan because they retire earlier so the actuarial cost is different. However, the
percentage of salary or the percentage the public pays should be equal.
It was hoped that some strategy or direction would come from Tallahassee to assist
municipalities. Once they made those changes, entities could make the appropriate
adjustment. The other option was to raise revenue to support it, i.e. taxes. Vice Chair
Madalena commented the actuary made an analogy. When he looks at the different
cities and counties, he looks at the big picture and if the financial health of the entity
was okay, then he was okay with having a large unfunded liability on the balance sheet.
Vice Chair Madalena's issue was a $90 million obligation the City was responsible for
must be controlled. The actuary's assumption was based on the City will always bring in
revenue, but Vice Chair Madalena's concern was at what point do you let the benefits
skyrocket or do they make additional payments. He proposed the options were to either
float pension bonds or raise taxes. The pension calculation has to be reworked, but
under collective bargaining, their hands are tied. It was noted there was an emergency
clause in most of the collective bargaining agreements that would allow them to
renegotiate it, if the municipality declared a financial emergency. In the worst-case
scenario, they could use that option because the path they are taking is not good.
Discussion followed about a unilateral amendment to the blue and white collar
agreements last year that outlined what would occur. The Public Employee
Transparency Act has to do with 401 plans and the fees they are paying. It was noted a
study conducted by Northwestern University indicated the combined underfunding of
pensions in all municipalities was estimated to be $574 billion. States have an
estimated $3.3 trillion in unfunded pension liabilities. Unfunded liability can be used to
indicate something it is not.
The City deposits 100% of the required payment on a monthly basis. The amount was
the contribution amount the actuary deemed the City had to deposit in order to fund the
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January 24, 2011
plans and they were based on assumptions that do not equal the real world results of
the performance of the plan.
Vice Chair Madalena will bring forward suggestions. It was noted the Chair and Vice
Chair Madalena both attended the meeting and they caught different takes. The
problem is perception and impressions that do not have to do with the numbers. Vice
Chair Madalena commented that if the assumptions are reduced from 8.5% to 3% or
4% and it was determined the liability was for funding, those numbers would completely
change. Inflation will creep into the plan plus the COLA costs, and costs would only
increase. With the expansion of police and fire, that base that would consume the most
dollars and make the plan more expensive. Pension plans cannot be based on a
platform of assumptions that never materialize. Many cities, after retirement, give $5 for
every year of service plus $150. That was an add-on and it will probably be thrown out.
The health insurance policy premium is not part of the plan. The City pays for the
employees but not their dependents. Some entities pay for employees and part of their
dependents' coverage, but not Boynton Beach. Another factor that is not an add-on to
the pension in Boynton Beach is other post-employment benefits. All there is was the
base pension. The State pension plan has many municipalities in it, but the multiplier
and the benefit is not as good.
Mr. Segal's report indicated moving from this point forward to a 401 K or a Defined
Contribution plan would not necessarily be cost effective. It would have a small savings
during the first year or two, and miniscule savings in years three or four. The problem is
the cost would then increase because there would be fewer employees to fund the
unfunded liability of the defined benefit plan.
5. Progress update on assigned projects by each member
Chair Scantlan had already provided his update to the Citizens Survey earlier.
Vice Chair Madalena provided his update under Item 4.
Mr. Madigan reported on Community Redevelopment Agency activity and explained at
the last City Commission meeting a vote was taken to appoint seven members to the
Board on February 1. Either it will be a seven-member independent board or the City
Commission will sit and add two independent members.
Mr. Madigan explained he has not received any information with regard to any value
assigned to City properties as it pertained to selling of City assets. The County
Appraiser does not update their appraisals. Chair Scantlan suggested Mr. Madigan
look at what the City assets are and determine if they could be sold. Many of the
properties had water and utility systems. One example was the Meadows development
gave a piece of land to the City that was 9 acres. It was an asset owned by the City.
Another example was if the City warehouse were moved to another location, what
would be the value of the land? Chair Scantlan suggested only reviewing parcels that
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January 24, 2011
were five acres or more and taking the top 10 parcels and determine if they could have
commercial value. In this way, 90% of the properties could be removed from the list.
Mr. Atwood suggested Jeff Livergood, the Public Work's Director, might be of help. It
was also noted Dan Hagar, Golf Course Manager has access to 40 acres that could be
developed. It was anticipated some of the properties would be in the Community
Redevelopment Agency District and it was further acknowledged any taxes received
from the improvements to those properties would go to the Community Redevelopment
Agency.
Mr. Shulman explained the hiring freeze was in progress for the last two years. The
Voluntary Separation or early out option would be presented to the City Commission on
February 1, 2011. He spoke with Sharyn Goebelt, Human Resource Director and she
was happy to know the Financial Advisory Committee was looking at it for the next fiscal
year.
Mr. Feldman met with management from the Golf Course he invited Mr. Hagar, Golf
Course Manager, and Scott Wahlin, Manager, Golf Course Maintenance, to speak at
the next meeting in order to ensure the information he provided was correct. He
clarified much of what was presented was detailed and he wanted to make sure the
information was correct. There was agreement Messers. Hagar and Wahlin could speak
no longer than 15 to 30 minutes. Mr. Feldman felt there was opportunity to raise capital
for the City, but Mr. Hagar had to explain it and perhaps the Committee could adopt
some of Mr. Hagar's ideas.
Mr. Shulman also spoke with Mr. Hagar about increasing fees. He commented that if
golf fees were raised to benefit the golf course, it would be a benefit. As far as the City
borrowing against the Golf Course funds, Mr. Atwood felt it would have to be a decision
made by the City Commission.
Chair Scantlan clarified the Financial Advisory Committee should be able to answer
questions posed by the public about why fees are being used a certain way. If the City
Commission requested a 15% cut across the Board, then as an independent third party
advisory committee, they should be able to state whether it was a good idea or not and
advocate.
Item 9, Revenues/partnerships was not addressed
Item 12, Revenue Streams Generated by other Municipalities was not completed yet.
Item 13, Grant opportunities were previously discussed. Mr. Feldman would have Ms.
Majors put something together.
Chair Scantlan commented they would need to start forming the data. The format for
this years' report and input would be discussed at the next meeting.
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~ April 11, 2011
~ April 25,2011
Mr. Atwood would circulate the draft agenda to the members, so if the members had
something to add, they could accommodate them. It was also noted some members
received duplicate meeting materials.
Motion
Mr. Feldman moved to approve the meetings as scheduled going forward. Mr. Madigan
seconded the motion that unanimously passed.
7. Other Business
Chair Scantlan commented at the last City Commission meeting an item came up that
had a significant financial impact to the City. The Financial Advisory Committee was in
the evolution-learning phase, but he believed once the Committee gets to the report,
they would have some role, going forward, when something comes before the City
Commission, they have the chance to analyze it and present their recommendations as
an agenda item on an ongoing basis. He anticipated when an agenda item worksheet
is created it indicated whether the item would have an impact, and that the Committee
would have the chance to do legwork before it goes to the City Commission. The City
Commission receives staff input and Chair Scantlan thought it would provide the
opportunity for the Committee to conduct its own analysis and serve as another set of
eyes.
Additionally, the City Commission requested a member of the committee sign off
indicating there would be no budget impact when a code adjustment came before them.
Mr. Atwood indicates staff currently does that, but they get it less than a week before
the City Commission. This item would be discussed when Mr. Bressner was present.
Discussion turned to the Boynton Beach Mall. Mr. Feldman inquired if there was a
Business Development Authority and he noted the mall was deteriorating. Vendors
pulled out and the failure of the mall would affect the community. The mall received a
$10 million tax reduction from the County. It was thought the Committee should be
involved in what they were doing, as it has a significant impact on the community.
This item would be discussed at another meeting and possibly be an item for the next
budget. It was noted the Ordinance that created the Financial Advisory Committee
established its purpose to review the impact of legislative and administrative decisions
on the City budget.
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Boynton Beach, FL
January 24, 2011
8. Adjournment
Motion
There being no further business to discuss, Mr. Shulman moved to adjourn. Mr.
Madigan seconded the motion that unanimously passed. The meeting adjourned at
7:57 p.m.
Cllt-Av0J~Ll (J 1 n J ^ I J
Catherine Cherry ~J '-'t.A-/ ~
Recording Secretary
013111
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