OPEN SESSION MINUTES

BURLINGTON COUNTY MUNICIPAL JOINT INSURANCE FUND

HAINESPORT TOWNSHIP MUNICIPAL BUILDING

1 HAINESPORT CENTRE – RT. 537

HAINESPORT, NEW JERSEY

November 21, 2011 – 4:00PM

OPEN SESSION MINUTES

The 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 November 21, 2011 at 4:00PM, prevailing time.  Chair Ryan, Westampton Township presiding.  The meeting was called to order at 4:02PM.

FLAG SALUTE

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

Luis Crespo, Beverly

Dean Buhrer, Alternate, Bordentown Township

Glenn McMahon, Chesterfield         

Michael Templeton, Delanco

Jeffrey Hatcher, Delran

Richard Brook, Florence

Ed Ruggiano, Alternate, Hainesport

Michael Mansdoerfer, Lumberton

Kathy Burger, Secretary, Medford                  

Thalia Kay, Mt. Laurel (arrived 4:19pm)

Amy Antonides, North Hanover

David Matchett, Shamong

Michael McFadden, Southampton     

J. Paul Keller, Springfield

Doug Cramer, Tabernacle

Donna Ryan, Chair, Westampton

Freda Gorman, Wrightstown

                                   

Absent Fund Commissioners were:

Heather Cheesman, Bordentown City

Linda Dougherty, Edgewater Park    

Sean Gable, Mansfield

Donna Mull, Pemberton

Meghan Jack, Riverside

Those also in attendance were:

Paul Forlenza, Deputy Director, AJG Risk Management Services, Inc.

William Kearns, Esquire, Fund Solicitor, Kearns, Reale & Kearns

Tom Tontarski, Treasurer (arrived 4:05pm)

Joanne Hall, Safety Director, J.A. Montgomery Risk Control

Kathy Tyler-Schohl, Scibal Associates

Karen Beatty, Client Service Manager, QualCare Inc.

Also present were the following Risk Management Consultant agencies:

The Barclay Group

Conner Strong & Buckelew

EJA & Associates

Insurance Agency Management

Absent Risk Management Consultant agencies were: 

Hardenberg Insurance Group

James Tunney Insurance

In the absence of Ms. Jack, Riverside, Mr. McMahon, Chesterfield was moved to the Executive Committee for the November meeting.

MONTHLY MEETING CONDUCT

Chair Ryan 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. Keller, seconded by Mr. Mansdoerfer, 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

Chair Ryan presented the meeting minutes of the October 17, 2011 Meeting of the Fund, as found in the agenda packet, for approval.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Mansdoerfer, seconded by Mr. Keller, to approve the meeting minutes of the October 17, 2011 meeting of the Fund as presented.  All in favor.  Motion carried. 

APPROVAL OF CLOSED SESSION MINUTES

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

Chair Ryan presented the Closed Session Meeting Minutes of the October 17, 2011 meeting of the Fund for approval.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Mansdoerfer, seconded by Mr. Keller to approve the Closed Session minutes of the October 17, 2011 meeting of the Fund as presented.  All in favor.  Motion carried. 

The Closed Session minutes of the October 17, 2011 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 October 17, 2011 meeting were collected at this time.

EXECUTIVE DIRECTOR'S REPORT

Mr. Forlenza introduced a new staff member, Melissa Ollendike, who recently joined Arthur J. Gallagher as the new Marketing Representative.

Mr. Forlenza reviewed the Executive Director’s Report found in the agenda packet with the membership.  He highlighted the following items from the report.

2010 Safety Incentive Program Awards – Mr. Forlenza noted that the agenda packet contains a list of available balances for each member.   Please note that the deadline for claiming or encumbering these funds is November 30, 2011 which is approaching quickly.  Reminders were sent to those towns with available balances.

2011 Optional Safety Budget – Mr. Forlenza noted that the agenda packet contains a list of available balances for each member.   Please note that the deadline for claiming or encumbering these funds is November 30, 2011 which is approaching quickly.  Reminders were sent to those towns with available balances.

EPL Coverage Update– Mr. Forlenza noted that attached is the current listing of the towns and their compliance status.  Mr. Forlenza informed the members that Mr. Miola emailed all members today in regards to the Personnel Policies and Procedures update for 2011-2012.  The email included several links.  The changes to member policies and procedures that have to be adopted as part of the program this year are limited.  There is one new policy and two-three changes to existing policies.  Mr. Forlenza noted that in previous years his office sent out the updated policies and procedures on CD; however, this year all members can simply download them from the MEL website.  If you have any questions, please contact our office.

Mr. Templeton questioned why we need to do this again.  Mr. Forlenza informed him that it needs to be done every two years.

Elected Officials Training – Mr. Forlenza noted the schedule is listed for this in the agenda packet   He noted that the first local session is approaching. 

Managerial & Supervisors Training – Mr. Forlenza noted the schedule is listed for this in the agenda packet.  He noted that the first sessions are quickly approaching.

New Member Activity – Mr. Forlenza stated that the JIF extended a written offer to Cinnaminson Twp on October 21, 2011 to become a member of Burlco JIF effective January 1, 2012.  He noted that he has not received anything back from them.  Mr. Forlenza also stated that he is still waiting to hear from Woodland Twp as well.  A concept presentation was also made to Palmyra Twp.

Loss Ratio Snapshots – Mr. Forlenza informed the members that their loss ratio snapshots valued as of September 30, 2011 were handed out this evening.  He asked the members to review them and contact him or Alice Lihou with any questions.

Safety Calendars – Mr. Forlenza asked the members to please deliver the safety calendars that were handed out this evening to their safety coordinator for distribution.  He reminded the members that they decided to reduce the number of calendars by 10% this year.  If you need additional calendars, please contact him.

Mr. Forlenza asked if there were any questions at this time.  There were no questions.

EPL/POL COVERAGE

Authorization for the Executive Director to bind EPL/POL coverage with XL Insurance for the Policy Year of January 1, 2012 to January 1, 2013.

Chair Ryan entertained a motion to Authorize the Executive Director to bind EPL/POL coverage with XL Insurance for the Policy Year of January 1, 2012 to January 1, 2013 as presented.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Keller, seconded by Mr. Hatcher to Authorize the Executive Director to bind EPL/POL coverage with XL Insurance for the Policy Year of January 1, 2012 to January 1, 2013.  All in favor.  Motion carried.

RESOLUTION 2011-38

Resolution Appointing Exigis, LLC as the Exposure Data Manager and Authorizing the Continued Support of the Riskworks Exposure Data Management System for the period of September 16, 2011 through December 31, 2011.

Chair Ryan entertained a motion to approve Resolution Appointing Exigis, LLC as the Exposure Data Manager and Authorizing the Continued Support of the Riskworks Exposure Data Management System for the period of September 16, 2011 through December 31, 2011 as presented.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Mansdoerfer, seconded by Mr. Hatcher to approve Resolution Appointing Exigis, LLC as the Exposure Data Manager and Authorizing the Continued Support of the Riskworks Exposure Data Management System for the period of September 16, 2011 through December 31, 2011

Motion carried by majority vote.

SOLICITOR'S REPORT

Mr. Kearns noted there was nothing to report for open session.

SAFETY DIRECTOR'S REPORT

Ms. Hall stated that the Safety Director's Report is self-explanatory.  She highlighted the following items and noted a new section of her report:

2012 MSI Training Administrator – Ms. Hall noted that they are still asking for representatives to be trained on the MSI system.  Most members have responded but a few still need to do this and there will be some makeup webinars scheduled.

Safety Breakfast – Ms. Hall noted that they are asking for nominations for special recognition awards for the Safety Breakfast.  Please submit names of people who are changing the way they look at safety.  Pictures are welcome too.

Ms. Hall asked if there were any questions at this time.  Chair Ryan asked if there was a new Police Roundtable date.  Ms. Hall indicated that a date has not been set as there is an issue she needs to discuss with Mr. Miola first.  No other questions were entertained.

CLAIMS ADMINISTRATOR'S REPORT

Lessons Learned from Losses – November 2011

EPL Corner- Ms. Tyler-Schohl reported that for the third quarter of 2011, the MEL reported that 15 cases were resolved across 8 JIFs for a total of $1,458,213.00.  There were no cases settled on behalf of the Burlco JIF and 9 other JIFs.

Ms. Tyler-Schohl noted that they are finding that retaliation claims are still the leading claims. 

The MEL was successful in getting three Summary Judgments on EPL claims which is very rare and two public official claims were dismissed.

Section 20 Settlements - Ms. Tyler-Schohl stated that in many PARs presented, settlement of a workers’ compensation claim under a Section 20 settlement is sometimes recommended.  Section 20 settlements under the workers’ compensation statue are very different than typical awards or “settlements”.  Section 20 settlements do not concede “compensability”; they do not entail any admission at all by the employer.  They do limit the petitioner’s ability to reopen their claim regarding the same injury.  A Section 20 settlement is (typically) only allowed in cases where there is (1) an issue of jurisdiction, (2) an issue of liability, (3) an issue of casual relationship and (4) an issue of dependency.

Title 59 and Subrogation

Ms. Tyler-Schohl explained that under Title 59 you cannot subrogate against a public entity.  The only thing the person can collect is the deductible on their policy.  The public entity can however collect or place liens on items or any other attachable assets to reclaim their monies.

The remainder of the Claims Administrator’s report is for Closed Session.

Ms. Tyler-Schohl asked there were any questions at this time.  No questions were entertained.

MANAGED HEALTH CARE REPORT

Lost Time v. Medical Only Cases

Ms. Beatty presented the BURLCOJIF Lost Time v. Medical Only Cases (Intake Report) for October 2011.

The report indicates that the average number of days to report a claim was 19.3 for October which is high due to one claimant refusing treatment then coming back several months later for treatment.

Transitional Duty Report

Ms. Beatty presented the new self-explanatory Year-to-Date Transitional Duty Report for 2011.

Ms. Beatty asked if there were any questions at this time.  No comments or questions were entertained.

PPO Penetration Report:

Ms. Beatty presented the self-explanatory PPO Penetration Report for October 2011.

Ms. Beatty noted that the next few pages of the report are the types of providers, who the providers are, and where the Fund is realizing the greatest savings.

Ms. Beatty stated that the final report is the Nurse Case Management report.  It shows the member, claim number, and the nurse case manager assigned to the claim.

Mr. Forlenza questioned if we can tell how many bills are hitting the network.  Ms. Beatty reported that it is 89% which is found now on the bottom of the PPO Savings and Penetration Report.  This number is calculated on the number of bills but Ms. Beatty will add the percentage based on dollars to the next report.

Mr. Hatcher also requested more detail on their transitional duty days.  Ms. Beatty will get these to him.

There were no further questions.

TREASURER'S REPORT

Mr. Tontarski presented an overview of the Treasurer's Report for month ending October 2011, a copy of which was provided to the membership in the agenda packet. 

                                                   

Investment Interest

Interest received or accrued for the current month totaled $6,237.18.  This generated an average annual yield of .65%.  After including an unrealized loss of $1,470.00 in the asset portfolio, the yield was adjusted to .55% for this period.  The total overview of the asset portfolio for the Fund shows an overall unrealized gain of $8,865.00 as it relates to market value vs. the amount invested. 

Receipt Activity for the Month

Claim Activity for the Month

Claim activity for the month for claims paid by the Fund and claims payable by the Fund at month end are in the amount of $389,190.76.  The claims detail is as follows:

Direct Loss Payments	$365,971.80
Claim Expenses	$13,740.95
Legal Defense Costs	$9,478.01

Cash Activity for the Month

During the reporting month, the Fund’s “Cash Position” changed from an opening balance of $11,596,685.20 to a closing balance of $11,314,796.94 showing a decrease in the Fund of $281,888.26.

Mr. Tontarski asked if there were any questions at this time.  No questions were entertained.

Chair Ryan entertained a motion to approve the October 2011 Loss Run Payment Register as presented.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Mansdoerfer, seconded by Mr. Hatcher to approve the October 2011 Loss Run Payment Register.

Motion carried.

Bill List – November 2011

For the Executive Committee’s consideration, Mr. Tontarski presented the November 2011 Bill List in the amount of $53,093.32.   

Chair Ryan entertained a motion to approve the November 2011 Bill List as presented.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Mansdoerfer, seconded by Mr. Hatcher, to approve the November 2011 Bill List as presented.

Motion carried.

COMMITTEE REPORTS

Strategic Planning Committee Meeting – October 25, 2011

Ms. Burger noted that the minutes from the October 25, 2011 Strategic Planning Committee meeting were included in the agenda packet and are self-explanatory.

Re-advertise the Location of the December Executive Committee Meeting

Chair Ryan entertained a motion to Authorize the Executive Director to Re-advertise the Location of the December Executive Committee Meeting as presented.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Cramer, seconded by Mr. Mansdoerfer to Authorize the Executive Director to Re-advertise the Location of the December Executive Committee Meeting.  All in favor.  Motion carried.

Mr. Forlenza noted that it will be held in the Medford Township Public Safety Building and the holiday dinner will be immediately following at Braddock’s in Medford, NJ.

Finance Committee Meeting – October 25, 2011

Mr. Mansdoerfer noted that the minutes from the October 25, 2011 Finance Committee meeting were a handout this evening and are self-explanatory.  He did highlight the following items:

2012 Budget Information

Mr. Mansdoerfer noted that the budget information is contained in the agenda packet noted that the 2012 Budget represents a 0% increase over last year’s combined annualized budget of $6,473,553.  The Operating Expense increased $18,579 (2.25%) over 2011; MEL premiums increased 10.25%.  In order to keep the budget flat, the Committee was able to lower the loss funding as a result of placing three members on the Retrospective Program.

Assessment Allocation Strategy

Mr. Mansdoerfer noted that the formal Assessment Allocation Strategy is also contained in the agenda packet.  If anyone has any questions, please contact him.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

2012 Budget Introduction

Chair Ryan entertained a motion to Introduce the 2012 Fund Year BURLCO JIF Budget as presented.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Keller, seconded by Mr. Mansdoerfer to Introduce the 2012 Fund Year BURLCO JIF Budget. 

Motion carried.

2012 Assessment Certification

Chair Ryan entertained a motion to Introduce the 2012 Fund Year BURLCO JIF Assessment Certification as presented.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Mansdoerfer, seconded by Mr. Hatcher to Introduce the 2012 Fund Year BURLCO JIF Assessment Certification. 

Motion carried.

2012 Assessment Allocation Strategy

Chair Ryan entertained a motion to Introduce the 2012 Fund Year BURLCO JIF Assessment Allocation Strategy as presented.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Mansdoerfer, seconded by Mr. Hatcher to Introduce the 2012 Fund Year BURLCO JIF Assessment Allocation Strategy. 

Motion carried.

Nominating Committee Meeting – November 1, 2011

Mr. McMahon noted that the minutes from the November 1, 2011 Nominating Committee meeting were included in the agenda packet.  The slate is primarily unchanged, however, sixth and seventh alternates were added which are Ms. Kay, Mt. Laurel Twp and Mr. Templeton, Delanco Twp, respectively.  This will be voted on at the January Reorganization meeting.

MEL/RCF/ E-JIF REPORTS

Chair Ryan noted that reports for these meetings are contained in the agenda packet. 

MEL

Mr. Hatcher added that these minutes are self-explanatory noting that Mr. Forlenza covered this in his portion of the Executive Director’s report, but to

RCF

Mr. Matchett noted that these minutes are self-explanatory.

E-JIF

Mr. Brook noted that these minutes are self-explanatory but highlighted the following item: 

Storm Water System

Mr. Brook explained that if you notified the DEP that you have a waste connection to your storm water system, the DEP will be inspecting to see if you made a “good faith effort” to remove the connection to the system.  If not, the DEP will be issuing fines.

MISCELLANEOUS BUSINESS

Next Meeting

Chair Ryan noted that the next regular meeting of the BURLCOJIF was moved and will take place on Tuesday, December 20, 2011 at 4:00 PM at the Medford Township Public Safety Building, Medford, NJ.

PUBLIC COMMENT

Motion by Mr. Cramer, seconded by Ms. Kay, to open the meeting to the public.  All in favor.  Motion carried by unanimous vote.

Chair Ryan opened the meeting to the public for comment.

Hearing no comments, Chair Ryan closed the public portion of the meeting.

EXECUTIVE SESSION MEETING – Resolution #2011-39

Chair Ryan entertained a motion to go into a closed session to discuss matters affecting the protection and safety of the public and to discuss pending or anticipated litigation and/or contract negotiations.

Motion by Mr.Ruggiano, seconded by Mr. Mansdoerfer to approve Resolution #2011-39.  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

Chair Ryan entertained a motion to reopen the public portion of the meeting.

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

APPROVAL OF CLAIMS PAYMENTS

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

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Ruggiano, seconded by Mr. Hatcher, to approve the following claims as discussed in Closed Session.

Motion carried.

AUTHORIZATION TO ABANDON SUBROGATION - APPROVAL

There was one (1) Abandonment of Subrogation claim presented in Closed Session.

Chair Ryan asked for a motion for Authorization to Abandon Subrogation on the noted files as presented in Closed Session.

Chair Ryan asked if there were any questions at this time.  No questions were entertained.

Motion by Mr. Keller, seconded by Mr. Mansdoerfer, to Authorize Abandonment of Subrogation on the noted files as presented in Closed Session.

Motion carried.

MOTION TO ADJOURN

Chair Ryan entertained a motion to adjourn the November 21, 2011 meeting of the BURLCOJIF.

Motion by Mr. Hatcher, seconded by Mr. Ruggiano to adjourn the November 21, 2011 meeting of the BURLCOJIF.  All in favor.  Motion carried by unanimous vote.

The meeting was adjourned at 4:51 pm.

Tracy Forlenza, Recording Secretary for

Kathy Burger, FUND SECRETARY

2012 MEETING MINUTES

2011 MEETING MINUTES