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2007.12.20_TC_Minutes_Special• ~~~ • • ~! • • ~' TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING SPECIAL MEETING Tuesday, December 20, 2007 10.00 A M Mayor Harold R. Hagelmann called the Special Meeting to order in Commission Chambers at 10:00 A.M. CALL TO ORDER: Roll Call: Members present: Mayors Harold R. Hagelmann; Vice Mayor Joseph J. Asselta; Commissioner Miriam S. Zwick; Commissioner Jim Newill, CPA; Commissioner Doris M. Trinley; Town Attorney Thomas E. Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; Finance Director Stan Novak; and members of the public. • Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence in honor of members of the military, both living and deceased. 1.) DISCUSSION: Mayor Hagelmann stated that he had requested this meeting to discuss the investment of Town monies with the State Board of Administration. The Town had almost five million dollars invested in this fund, and no one knew that there was a problem until we read it in the newspaper. Commissioner Newill did some investigation and I feel we should discuss the procedures that are in place further. Stan Novak and Beverly Brown, Acting as the Town Manager, were able to take out two million dollars without any penalty. When the Town Manager returned, he canvassed the Board and the Finance Director took out another million with a 2% penalty, leaving a balance in the "A" Fund of $437,000.00 plus or minus. The monies in the "B" Fund cannot be touched; the balance is $581,000.00 plus or minus; and do not know when they can be removed. Concerned that the Town Manager only pulled out one million. Felt he should have taken all the money out and paid the penalty. Question what authority the state has to penalize the Town's for taking out their own money. Requesting the Town Attorney to look into the legality of the penalty. Commissioner Newill -Extremely disturbed with the "Investment Policy" of Highland • Beach. Is there an actual written policy? Town Commission Special Meeting Minutes December 20, 2007 Page 2 of 5 • Finance Director Stan Novak -Since 1988, have been investing money in this pool. The "Investment Policy" is specific that 25% of the Towns' money should be invested in the "State Pool" in liquid assets. Have been capitalizing on the high interest rates provided by the SBA over the past twenty years. Mayor Hagelmann -Something is radically wrong. The "B" Fund is junk bonds, and we are not able to draw on that money. Finance Director Stan Novak -The November interest on our money has been transferred to our account in Pool "B." The agencies that pulled their money out in November will not collect any interest. The next free distribution will be in March. The entire "B" Pool will be distributed in June. Comm. Newill -Would like you to provide the Commission a copy of the "Investment Policy." Feel you have invested looking for the highest yield rate, rather than diversified interests. Found no statement in the auditors report. Do you have a prospectus or some information that you have a folder explaining why you transferred the money? Do you have a written analysis for the past year? Finance Director Stan Novak -There is no statement in the auditors report. When First Fidelity was bought out, the yield that we were receiving was lowered. • Comm. Newill -Chasing yields is not good investment policy. Need quality and diversification. Need a change in investing. Vice Mayor Asselta -You mentioned that you have over twenty years of investing experience. When investing public funds, there is a higher degree of safety. Comm. Newill -This question is addressed to both the Finance Director and Town Manager. What is your experience in investing funds and what is your background. Town Manager Sugerman - I have thirty years experience in municipal government. Highland Beach does not have a sophisticated policy. Do not invest for- the long run. Call it a "Cash Maintenance Program." All municipalities and government agencies in Florida invest in the state investment pool; they have over two thousand accounts. Have never worked in a community that has an "Investment Advisor." Our "Cash Management Program" with Fidelity Federal was treating us very well until they were purchased by National City Bank and their policies changed. There was much less liquidity with our money. The states investment pool was a great daily money market account. Did not know that about 20% of the investment pool was invested in sub-prime loans. Have twenty years of confidence in this account and still do. Out of 1,000 accounts in Pool "B," only 8 cities have taken money out of the account with the penalty. Comm. Newill -When National City took over First Fidelity, they brought their policies • with them. The risk is on $437,000, not a million. And the more I listen; this is not an Town Commission Special Meeting Minutes December 20, 2007 Page 3 of 5 investment account, but a money market account. There is a difference between the two. • How did our sister cities and towns in Palm Beach County have information that we did not? Mayor Hagelmann - We need to play it as safe as we can. We are playing with the money of our residents. Town Attorney - Be sure to look into why we are paying a penalty to take our money out of the state investment account. Vice Mayor Asselta -Are we discussing policy or micro-managing? Was the policy followed? In following the policy, was our money protected? Is our other million or so protected? Are we directing the policy to be changed or just micro-managing? Comm. Newill -Personally, do not like to see us take more risks. But, I took a pledge to enforce the Charter and Code. The Town Manager has the authority. We can only recommend. Comm. Trinley -Have other municipalities re-entered the pool? Town Manager Sugerman -Each day people put money in and take money out. Recent withdrawals have been $106 million with another $118 million being deposited. Vice Mayor Asselta - Is there any better information on the 20°Io investments made in the sub-prime pool? • Town Manager Sugerman - B1ackRock is now serving as the Investment Manager, and has been instructed to evaluate all the securities. They are scheduled to report to the "Executive Cabinet" in January. Vice Mayor Asselta -What this Commission needs to decide is whether keeping one million in the "Investment Pool" is reasonable or not. If we determine it is unreasonable, we need to step in. Town Manager Sugerman -The $581,000 in Pool "B" cannot be withdrawn. But we can make a decision to do so once it is available. Comm. Trinley -The Palm Beach Post editorial states -"Public Hearing in January to answer all questions." Mayor Hagelmann -recommend that we pull the money out now and pay the penalty. Let's play it safe. Requesting a motion that we take the money out. Town Manager Sugerman -You may make the suggestion, but the decision is "Administrative." Will listen to the comments from the Commission, but made a "business" decision and will stand with it. • Town Commission Special Meeting Minutes December 20, 2007 Page 4 of 5 Comm. Newill -Not making a motion, but am suggesting that you be careful and due • diligence. Best rates have more risks than rates below that. Town Manager Sugerman -Did follow policy. Should we make adjustments to the investment policy? Should we spend money and hire an investment advisor? Community does have excess money that we can invest. Comm. Newill - Do not have a problem with investing excess cash in money market funds. Just invest into something that is protected. Comm. Zwick - In hind sight, something happened. Do we correct what was done? Or, look down the road to future planning. If we only address the issue of what should be done in the future, are we micro-managing? Or, impose a solution on them. We need to really look into it before we change the procedure. Make it clear. Cannot agree to a motion to instruct Manager or Finance Director to change what they are doing. We need to be prepared for the future. Vice Mayor Asselta - In reviewing the "Investment Policy," the first sentence refers to safety and due diligence. The policy should be revised bringing safety to the fore front and investment income second. Mayor Hagelmann -What is the Commissions desire of the funds in Pool "A?" Feel we have a responsibility to the residents of Highland Beach. • Vice Mayor Asselta -Desire the same thing, but reluctant to cross the line to change an administrative decision. Comm. Newill -Will not go against the Charter. It is up to the Manager to conduct the day to-day business of the Town. It is his decision. Will not be supportive of a motion to tell the Town Manager what to do. Comm. Trinley -Agree with Vice Mayor Asselta and Commissioner Newill, let's review and tweak the "Investment Policy." Mayor Hagelmann -Town Manager -you have heard the Commission. The responsibility remains in your judgment. 2) AD,TOURNMENT Adjournment: There being no further business to come before the Commission at this time, a MOTION was made by Commissioner Newill and seconded by Commissioner Zwick to adjourn at 11:05 A.M. n ~J Town Commission Special Meeting Minutes December 20, 2007 Page 5 of 5 1~I Beverly M.CBrown, M1VIC, Town Clerk Date: r~1/-t~ J!' ~S CPA, Commissioner r~ ~J