BURLINGTON COUNTY MUNICIPAL JOINT INSURANCE FUND

HAINESPORT TOWNSHIP MUNICIPAL BUILDING

1 HAINESPORT CENTRE, RT. 537

HAINESPORT, NEW JERSEY

May 19, 2009 - 4:00 PM

OPEN SESSION MINUTES

The regular meeting of the Burlington County Municipal Joint Insurance Fund (BURLCOJIF) was held at the Hainesport Township Municipal Building, 1 Hainesport Centre, Rt. 537, Hainesport, New Jersey, on Tuesday, May 19, 2009 at 4:00 PM, prevailing time. Chairman Joseph Broski, Mansfield Township, presiding. The meeting was called to order at 4PM.

STATEMENT OF COMPLIANCE WITH OPEN PUBLIC MEETING ACT

Notice of this meeting was given by: (1) sending sufficient notice herewith to the Burlington County Times, Mt. Holly, NJ, and to the Courier Post, Cherry Hill, NJ; (2) filing advance written notice of this meeting with the Clerks/Administrators of all member municipalities of the Burlington County Municipal Joint Insurance Fund; and (3) posting notice on the public bulletin boards of all member municipalities of the Burlington County Municipal Joint Insurance Fund.

ROLL CALL

Those in attendance were:

Richard Ireton, Alternate, Bass River

Don Arter, Beverly

Leonard Klepner, Bordentown Township

Glenn McMahon, Chesterfield

Linda Dougherty, Edgewater Park (arrived 4:10pm)

Richard Brook, Florence

Paul Tuliano, Hainesport

Michael Mansdoerfer, Lumberton

Joseph Broski, Mansfield

Kathy Burger, Medford

Debra Fourre, Mt. Laurel

J. Paul Keller, Springfield

Eric March, Alternate, Riverside

David Matchett, Shamong

Michael McFadden, Southampton

Doug Cramer, Tabernacle

Donna Ryan, Westampton

Absent were:

John William Collom, III, Bordentown City

Michael Templeton, Delanco

Jeffrey Hatcher, Delran

Monica Zur, North Hanover

Those also in attendance were:

Paul J. Miola, Executive Director, AJG Risk Management Services

Paul Forlenza, Deputy Executive Director, AJG Risk Management Services

William J. Kearns, Jr., Esquire, Fund Solicitor, Kearns, Reale & Kearns

John Saville, Senior Loss Control Consultant, Conner Strong Risk Services

Joseph Harvey, Senior Vice President of Account Management, Scibal Associates

Jen Pard, Senior Account Representative, CSG

Dave Grubb, Executive Director, PERMA

Bob Girard, PMK, E-JIF

Also present were the following Risk Management Consultant agencies:

EJA & Associates

Insurance Agency Management

James Tunney Insurance

The Barclay Group

MONTHLY MEETING CONDUCT

Chairman Broski entertained a motion to allow that this monthly meeting be conducted directly by the Fund Commissioners present with all matters to be decided upon by a combined majority vote of all Fund Commissioners.

Motion by Mr. Mansdoerfer, seconded by Mr. Matchett to allow the meeting to be conducted directly by the Fund Commissioners present. All in favor. Motion carried by unanimous vote.

APPROVAL OF THE MINUTES

Chairman Broski presented the meeting minutes of the April 21, 2009 Executive Committee Meeting, as found in the agenda packet, for approval.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

Chairman Broski entertained a motion to approve the meeting minutes of the April 21^st Executive Committee Meeting as presented.

Motion by Mr. Matchett, seconded by Ms. Burger to approve the meeting minutes of the April 21^st Executive Committee Meeting as presented. All in favor. Motion carried by unanimous vote.

APPROVAL OF CLOSED SESSION MINUTES

There was a distribution of the Closed Session Meeting minutes to the Executive Committee at this time.

Chairman Broski presented the Closed Session Meeting minutes of the April 21, 2009 Executive Committee Meeting for approval.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

Chairman Broski entertained a motion to approve the meeting minutes of the April 21^st Executive Committee Meeting.

Motion by Mr. Matchett, seconded by Ms. Ryan to approve the Closed Session Meeting minutes of the April 21^st Executive Committee Meeting as presented. All in favor. Motion carried by unanimous vote.

The Closed Session Meeting minutes of the April 21^st meeting shall not be released to the public until the reason(s) for their remaining closed is no longer applicable and the Fund Solicitor has had the opportunity to review them.

Closed Session Meeting minutes from the April 21, 2009 meeting were collected at this time.

EXECUTIVE DIRECTOR'S REPORT

Mr. Miola stated the Executive Director’s Report is found in the May 2009 agenda packet and is self-explanatory. He highlighted the following items from the report.

-       Lost Time Accident Frequency Report – The March 2009 LTAF Summary and Statewide Recap are made a part of the agenda packet. BURLCO has slipped in the ratings. In 2008 the BURLCOJIF was 2^nd in the ratings.

-       Certificates of Insurance – A summary of the Certificates of Insurance issued during April 2009 is included in the agenda packet.

-       2008 Safety Incentive Program Awards – A letter from the Executive Director’s office describing how to collect the 2009 SIP Awards money was mailed out February 23^rd. Members are asked to follow the instructions for claming the award. The deadline for claming these funds is November 30, 2009.

-       2009 Optional Safety Budget – A reporting detailing the available balances for each member for the 2009 OSB is included in the packet. Instructions for claming the 2009 OSB allowance were mailed on February 6^th. The deadline for expending or encumbering these funds is November 30, 2009.

-       EPL Hotline – Authorized Contact List – The most recent list of authorized contacts for the EPL Attorney Hotline is made a part of the agenda packet. These are the only representatives authorized to access this service. The list should be reviewed for accuracy and the Executive Director’s office contacted with any changes. Changes can be made by resolution, a copy of which can be found on the BURLCOJIF website.

-       Finance Fast Track Report – This report serves the membership as a handout. The Year End Financials will be discussed at the May 21^st Finance Committee Meeting.

-       New Fund Commissioner Orientation – This year’s session was held through GO TO MEETING.com as a webinar on April 29, May 1, and May 5. The session was well attended and feedback was positive.

-       RMC Roundtable – This session for ACM, BURLCO, TRICO JIF RMCs was held on May 12^th at Kerri Brooke Caterers in Hammonton. There was good attendance at the morning and afternoon sessions.

-       MEL Bulletin 2009-23 – Included in the agenda packet for the memberships’ review is MEL Bulletin 2009-23 which was mailed to all Fund Commissioners on May 8^th. The bulletin outlines changes to MEL Bulletin 2009-08 regarding Fireworks Displays and Amusement Rides. All Fund Commissioners should review this bulletin carefully with their RMC.

Any municipality planning fireworks displays this summer must obtain prior authorization from the MEL, allowing as much lead time as possible to ensure the Certificates of Insurance are in place.

-       Member Visitation Program – Jackie Parsons of AJG Risk Management Services will once again be contacting members up for renewal this year. Ms. Parsons will be discussing member participation in the JIF and the many programs available.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

SOLICITOR'S REPORT

Resolution Authorizing the Release of 2008 Executive Committee Closed Session Meeting Minutes

Mr. Kearns presented Resolution #2009-18 – Authorizing the Release of 2008 Executive Committee Closed Session Meeting Minutes for the membership’s consideration. Mr. Kearns has reviewed the 2008 Executive Committee Closed Session Meeting Minutes and recommends the passing this resolution.

Chairman Broski entertained a motion to adopt Resolution #2009-18.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

Motion by Mr. Mansdoerfer, seconded by Ms. Burger to adopt Resolution #2009-18. All in favor. Motion carried by unanimous vote.

G.H. v Township of Galloway (handout)

The New Jersey Supreme Court ruled May 7, 20009 in the case of G.H. v. Township of Galloway that municipal ordinances that regulate where sex offenders reside are invalid as the regulation of convicted sex offenders is governed by Megan’s Law as a comprehensive state law that preempts local ordinance. Any such regulation would have to come through the state legislation. (A copy of the court’s decision is attached to the handout.)

Mr. Kearns advises member municipalities that have such ordinances to repeal them because of the Supreme Court decision.

Teaneck Article (handout)

The Teaneck Township Council voted on April 20, 2009 to pay $4.9 million to settle two harassment lawsuits from former employees. In both cases, the plaintiffs accused senior departmental officials of retaliating against them for supporting other employees who sued the town.

Mr. Kearns advised that Fund Commissioners share this article with their Chiefs of Police to better understand these types of exposures.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

SAFETY DIRECTOR'S REPORT

Mr. Saville reported that the Safety Director’s Report for April Activities is made part of the agenda packet and is self-explanatory. He highlighted a few reminders for members.

-       Web-Based Learning Management System– Instructions for online web-based training are made a part of the report.

-       MSI Training Programs – A list of the upcoming programs for the months of May and June are included in the report along with the associated CEU/ TSHs for each course. This information should be shared with Safety Coordinators.

-       MEL Video Library – The participation in the MEL Video Library has been low. There is a list of new videos that have been added to the library over the past 6-8 months included in the report. The catalog is available through Conner Strong Risk Control.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

CLAIMS ADMINISTRATOR'S REPORT

The Claims Administrator’s Report is for Closed Session only.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

MANAGED HEALTH CARE REPORT

Ms. Pard presented the self-explanatory Managed Care Report for April 2009 from CSG Solutions, which is contained in the agenda packet.

Ms. Pard has the reports for those members averaging 3 or more days to report a claim.

Lost Opportunity Days Summary Report – April 2009

Ms. Pard will e-mail the Lost Opportunity Days Summary Report of Open Cases as of April 25, 2009. The percentage of Transitional Duty days utilized for the BURLCOJIF was 58%.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

TREASURER'S REPORT

Mr. Tontarski was not in attendance. Mr. Forlenza presented the Treasurer’s Report.

Mr. Forlenza presented an overview of the Treasurer's Report for the one month period of April 2009, a copy of which was included in the agenda packet for members’ consideration.

Investment Interest

Interest received or accrued for the reporting period totaled $11,858.30. This generated an average annual yield of 1.43%. However, after including an unrealized gain of $9,880.00 in the asset portfolio, the yield is adjusted to 1.95% for this period. The total overview of the asset portfolio for the Fund shows an overall gain of $35,002.80 as it relates to market value vs. the amount invested.

Receipt Activity for the Month(s)

Claim Activity for the Month(s)

Claim activity during the period for claims paid by the Fund and claims payable by the Fund at period end in the amount of $171,979.21. The claims detail is as follows:

Cash Activity for the Month(s)

During the reporting period the Fund’s “Cash Position” changed from an opening balance of $10,086,380.34 to a closing balance of $9,860,195.04 showing a decrease in the Fund of $226,185.30.

May 2009 Bill List - Approval

For the Executive Committee’s consideration, Mr. Forlenza presented the May 2009 Bill List in the amount of $428,394.55 as provided to the membership in the agenda packet. The May 2009 Bill List consists of the 2^nd Installment to the MEL and administrative costs for operating the Fund.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

Chairman Broski entertained a motion to accept the April 2009 Treasurer’s Report, and approve the Loss Run Payment Register and the May 2009 Bill List in the amount of $428,394.55 as presented.

Motion by Mr. Matchett, seconded by Mr. Cramer to accept the April 2009 Treasurer’s Report, and approve the Loss Run Payment Register and the May 2009 Bill List in the amount of $428,394.55 as presented.

All in favor. Motion carried by unanimous vote.

Subrogation Salvage Report

The Subrogation Salvage Report is made part of the April 2009 Treasurer’s Report.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

COMMITTEE REPORTS

Finance Committee

The Finance Committee will meet on May 21, 2009 in Delran, NJ at 2:00pm.

EXECUTIVE MEETING AGENDA AMENDMENT

Chairman Broski entertained a motion to amend the Executive Committee Meeting Agenda for May 19, 2009 to allow E-JIF representative to present the Sustainable Energy Joint Meeting information.

Motion by Ms. Ryan, seconded by Mr. Mansdoerfer to amend the Executive Committee Meeting Agenda for May 19, 2009. All in favor. Motion carried by unanimous vote.

MEL/RCF/ E-JIF REPORT

E-JIF – Sustainable Energy Joint Meeting Presentation (handout)

Mr. Grubb presented the structure of the Sustainable Energy Joint Meeting. Mr. Girard spoke about the services involved in the Sustainable Energy Joint Meeting.

Mr. Grubb noted that Florence Township is one of the 6 official creators or the Sustainable Energy Joint Meeting There is now discussion in communities state-wide. He thanked Mr. Brook for his support. Interested members should sign on by July 1, 2009. Information should be brought back to municipal governing bodies. Members with questions should contact Mr. Brook.

v    SEM Background

o      E-JIF authorized Sustainable Energy Study with DCA encouragement

o      Sustainable Energy Joint Meeting white paper was completed late-2008

o      Data warehouse of public energy information was envisioned in paper

v    What is the SEM?

o      A DCA-approved Joint Meeting of NJ public entities with the desire to control energy costs and reduce greenhouse gases

o      Functions as a repository of energy usage data from each member

o      Provides the basis for an aggregation group to jointly procure natural gas, electricity, and other forms of fuel

o      Provides a reference source for timely, state-of the-art information on energy management

v    SEM Membership

o      Any local unit that has executed the joint contract is a member of the Joint Meeting

o      Initial cost to join the SEM is $600 per member

o      Each member is entitled to appoint one (1) representative to the State Management Committee

o      Statement Management Committee will be organized into respective County Management Subcommittees and a State Executive Committee

o      Resolution to join the SEM can be found on the MEL website at www.NJMEL.org

v    SEM Organization

o      State Management Committee

§       Each member shall appoint one (1) representative to the Committee and One (1) Alternate to the Committee

§       All member serve a one-year term

o      County Management Subcommittees

§       Representative serving on the State Executive Committee shall Chair the County Management Subcommittee

o      State Executive Committee

§       Comprised of the Chair from each County Management Subcommittee

§       Working Committee of the SEM

§       Professionals will report to this Committee at all meetings

v    SEM Structure

o      State Executive Committee

§       One Representative from each County Subcommittee

o      State Management Committee

§       One Representative from every Member Municipality

o      County Management Subcommittee

§       Municipality Member Representative with Respective County

§       Subcommittee elects one (1) Representative on State Executive Committee.

v    SEM Services

o      Electric

o      Gas

§       Members will receive notification of bid award and will have opportunity to opt-out of agreement

§       Members that do not opt-out will be required to enter into an agreement with the successful energy third party supplier

o      Education and Consultation

v    Natural Gas Market Update

v    SEM Proposed Energy Procurement Process

v    SEM Proposed Post-Procurement Process

v    SEM Adjunct Services

o      Energy Efficiency Savings Plan (Master Plan)

o      Energy Efficiency & Conversation Programs

o      Renewable Energy Alternatives

o      Environmental Sustainability Practices

o      Greenhouse Gas Emissions Reduction

o      Assistance in obtaining outside funding

Question & Answer Session

E-JIF – Renewed NJ DEP Focus on Recycling and Stormwater Permit Updates (handout)

The E-JIF has extended an invitation to members to attend an upcoming workshop on the issues of recycling and stormwater permit compliance. DPW Directors, Stormwater Coordinators, and Recycling Coordinators are urged to attend. The program workshop schedule is included in the handout.

MEL Report (verbal)

Mr. Grubb reported that the Workers’ Compensation accidents are up statewide. This may be due to the economic climate. Individuals may be filing out workers’ compensation claims to avoid layoffs. This is a fairly common phenomenon and is being monitored by the MEL. Any evidence of possible fraud should be reported immediately to Scibal claims adjustors.

Also there is a state trend with EPL/POL numbers being up, with substantial claims coming from police. The MEL is planning upgrading training policies and procedures for police. They may also look at a two rate structure, one for municipalities and one for municipalities with police departments.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

MISCELLANEOUS BUSINESS

Next Meeting

The next Executive Committee Meeting of the BURLCOJIF will be held on Tuesday, June 16, 2009 at 4:00 PM at the Hainesport Township Municipal Building, Hainesport, NJ.

PUBLIC COMMENT

Chairman Broski opened the meeting to the public for comment.

Hearing no comments, Chairman Broski closed the public portion of the meeting.

EXECUTIVE SESSION MEETING – Resolution 2009-19

Chairman Broski presented Resolution 2009-19 and entertained a motion to go into a Closed Session to discuss matters effecting the protection and safety in the public and to discuss pending or anticipated litigation and/or contract negotiations.

Motion by Mr. Matchett seconded by Mr. Mansdoerfer, to approve Resolution 2009-19. All in favor. Motion carried by unanimous vote.

A Closed Session of the BURLCOJIF was held and the meeting was then reopened to the public.

REOPEN PUBLIC PORTION OF THE MEETING

Chairman Broski entertained a motion to Reopen the Public Portion of the Meeting.

Motion by Mr. Mansdoerfer seconded by Ms. Burger, to reopen the public portion of the meeting. All in favor. Motion carried by unanimous vote.

CLAIMS PAYMENTS - APPROVAL

Chairman Broski asked for a motion for Approval of Claims Payment on the following claims as presented in Closed Session.

Chairman Broski asked if there were any questions at this time. No questions were entertained.

Motion by Ms. Burger, seconded by Mr. Mansdoerfer, to approve the following claims as discussed in Closed Session.

All in favor. Motion carried by unanimous vote.

AUTHORIZATION TO ABANDON SUBROGATION - APPROVAL

No matters for presented for Abandonment of Subrogation.

MOTION TO ADJOURN

Chairman Broski entertained a motion to adjourn the May 19, 2009 Executive Committee Meeting of the BURLCOJIF.

Motion by Mr. Mansdoerfer, seconded by Mr. Matchett to adjourn the May 19, 2009 Executive Committee Meeting of the BURLCOJIF. All in favor. Motion carried by unanimous vote.

The meeting was adjourned at 5PM.