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HomeMy WebLinkAboutPACKET Town Board Special Meeting 2013-06-25The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. SPECIAL MEETING BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 25, 2013 5:00 p.m. AGENDA 1. FUTURE STUDY SESSION ITEMS. 2. INSURANCE COVERAGES – PROPERTY AND LIABLITY. 3. SELF INSURANCE UPDATE. 4. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(f), C.R.S. – For discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. Motion: I move the Town Board go into Executive Session– For the purpose of discussing a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees., under C.R.S. 24-6-402(4)(f). 5. ADJOURN. Prepared 6/14/13 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: June 21, 2013 RE: Future Town Board Study Session Items June 26, 2013 Pre Budget Meeting July 9, 2013 Proposed Amendments to Policy 101 – Board Assignments Other Items Not Currently Scheduled for Town Board Study Sessions • Revision to Stanley Historic District Agreement Town Clerk’s Office Memo To: Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Director Date: June 21, 2013 RE: Insurance Coverage – Property and Liability Background: The following information was presented to the Town Board during a study session in August 2012. It provides a good overview of the Town’s property and liability insurance coverage. Staff and Attorney White will present more detailed information at the meeting through a PowerPoint presentation. The Town of Estes Park has been covered by CIRSA since 1988 for property and liability insurance. CIRSA is a not-for-profit organization owned and operated by its members since 1982, and is designed to shield public entities from the insurance market’s cyclical problems of cost, capacity and uncertainty. This governmental entity, not an insurance company, provides members comprehensive, customizable coverage, while members build equity in the pool and any surplus funds are returned directly to the members, not shareholders. The Town’s property coverage includes all town owned properties, buildings and their contents, automobile physical damage, mobile equipment and machinery, exterior signs, and other property such as fine arts, valuable papers, and miscellaneous outdoor properties and equipment, such as park structures, street signs, signals and transformers. The Town liability coverage includes general, auto, law enforcement and public official errors and omissions. General liability coverage protects the Town against claims for bodily injury and property damage from a third-party. Auto coverage protects the Town against claims for bodily injury or property damage arising out of the Town’s operation, maintenance, or use of an automobile. Law enforcement coverage protects against claims for bodily injury or property damage arising out of police operations. Public official coverage protects against claims for actual or alleged errors, omissions or negligent acts. Attached are a copy of the Town’s 2013 property/casualty coverage plan structure from CIRSA and a copy of the Property/Casualty coverage plan for the coverage period of January 1, 2013 through January 1, 2014. The Town carries $500.5 million in excess property insurance per claim/occurrence and $5 million in excess liability per claim/ occurrence, except auto liability at $1.5 million. The Town’s deductible is $5,000 per claim/occurrence. Administrative Services Insurance CoverageInsurance CoveragePtProperty & Liability Who is CIRSA?Who is CIRSA?™CIRSA was established by an Intergovernmental Agreement (IGA) between 18 founding member municipalities in 1982 current between 18 founding member municipalities in 1982, current membership 251™CIRSA is a governmental entity, not an insurance company, not-for-profit organization owned and operated by our membersprofit organization owned and operated by our members™Designed to shield public entities form the insurance market’s cyclical problems of cost, capacity and uncertainty™Pd d bf d f ll ™Provides advantages, benefits and services specific to local government risk™Members build equity in the pool and any surplus funds are d dil h hhldreturned directly to them, not shareholders Summary of Summary of CoveragesCoverages™Services include:™Property Coverage™Property ™Automobile Physical Damage™Mobile Equipment™OhAlbl Mll™Other Property –Fine Arts, Valuable Papers, Miscellaneous Property™Liability Coverage™General Liability™A t bil Li bilit ™Automobile Liability ™Law Enforcement Liability™Public Officials Errors and Omissions™Crime Coverages™Crime Coverages™Employee Dishonesty™Money and Securities™Forgery or Alterationgy™Computer Fraud™Miscellaneous Coverages – Boiler, Special Events, Volunteer Accident Medical Plan, Excess Crime Coverage StructureCoverage StructureAdd ChartAdd Chart Governmental Immunity ActGovernmental Immunity Act™Applies to all Public Entities and Public Employees™Applies to cities, towns, districts, authorities, entities established by IGA, etc.™Applies to volunteers, elected and appointed officials, employees™Applies to TORT Actions™Applies to TORT Actions™Key Protections: Immunities, Monetary Limits, Notice Requirements™Is an IMMUNITY act™Immunity exists EXCEPT as specifically waived™™In waived areas, liability determined generally in same manner as for private individuals™Act’s monetary limits and notice requirements have been upheld against constitutional attacks™No waiver of immunities/limits by purchase of insurance™Applies only to STATE LAW torts™Not applicable to federal law claims (such as civil rights claims)™Not applicable to breech of contract 6 Waiver Areas 6 Waiver Areas --GIAGIA™Operation of motor vehicle by public employee™Operation of motor vehicle by public employee™Dangerous condition of a public highway, road, or streets within corporate limits of municipality™Dangerous condition of public hospital, jail, public facility in park or recarea maintained by public entity or of public water, gas, sanitation, electrical, power, or swimming facility™Operation and maintenance of public water, gas, sanitation, electrical, power or swimming facility™Dangerous condition of public building™Operation of public hospital, correctional facility, or jail GIA Special IssuesGIA Special Issues™Although both public entities and public employees have immunity (except ™Although both public entities and public employees have immunity (except in 6 waived areas), public employee also cannot be engaged in:™WILLFUL AND WANTON conduct; or™Activities OUTSIDE THE SCOPE of employment or not within performance of public ldemployee duties™Willful & Wanton / “outside scope” conduct, if egregious, can also subject employee to PUNITIVE DAMAGESpy™Public entity is not responsible for punitive damages against employee™Punitive damages also are NOT INSURED!™Notice requirements a powerful protections™Notice requirements a powerful protections™Notice required within 180 days after discovery of injury™Untimely notice forever forecloses lawsuit™Must be filed with governing body or attorney of public entity Changes to GIA LimitsChanges to GIA Limits™Governor Hickenlooper signs Senate Bill 13-023 on April 19, 2013 increasing the Governmental Immunity Act limits from:™$150,000 to $350,00 per person™$600,000 to $990,000 two or more persons in a single occurrence™It is anticipated CIRSA will have to raise rates in order to ensure coverage at the higher limits. To: Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Director Date: June 21, 2013 RE: Self Insurance Update Background: During the 2012 budget process staff presented the option to move from a fully-funded health insurance plan with Anthem to a self-funded plan with CIGNA to reduce the cost of health insurance, provide the Town the opportunity to control costs, manage funds, and maintain any savings realized during any given year. The attached exhibit outlines the increasing costs the Town was experiencing with the fully-funded model versus the savings realized with a move to a self-funded model in 2012. Moving to the self-funded model required the re-establishment of the Medical Insurance Fund to hold the premiums paid by the employees and the Town, and to pay the Administrative costs and claims each month. The difference between the premiums collected and the costs (admin fees and claims) remains in the fund from year to year. The Town’s goal is to grow the fund balance to approximately $800,000 to offset costs during future high claim years without having to raise premiums substantially or make significant plan changes, i.e. higher deductibles and copays. In 2012, the Administrative costs and claims were less than the $1.6 million collected in premiums, thereby increasing the Medical Insurance fund balance to approximately $600,000. The balance includes $200,000 in transfers approved by the Town Board through the 2012 budget process to seed the fund. The $200,000 was approximately the savings realized by the Town in the first year by switching to the self-funded model. As of April 2013, claims are running higher than last year; however, January and February of 2012 experienced low claims. Many employees likely utilized the coverage by Anthem at the end of 2011 prior to the switch to CIGNA. This would account for the higher claims seen in the first quarter of 2012. The Town’s insurance broker has stated it takes approximately 5 years to set trends for claims, therefore, the Town does not have any way of knowing what an average first quarter claims experience should be. To date, the move to self-funded health insurance has been a positive move for both the Town and its employees as it relates to premium costs. Overall the move to self-funded insurance has produced the outcome anticipated by lowering overall costs and managing premium increases. The Town still has work to do in managing the utilization of the plan. Administrative Services Page 2 Some points of interest follow: - Both the Town and the employees have saved on premium costs over the past two years. A fully-funded plan in 2012 was estimated to increase premiums by 13% and would most likely have been double digits for 2013. - An Insurance Committee was reformed in 2012 with the move to self-insurance. This Committee has representation from each of the departments. The mission of this group is to review the Town’s insurance plan annually, to recommend changes to the plan and premium increase annually, and to convey information related to insurance to their individual departments. - During the renewal process for 2013, the Insurance Committee recommended the Town increase premiums by 2% due to the healthy fund balance established in the first year. The increase is the lowest seen in over 10 years. - Utilization of the plan continues to run high for a group our size. Efforts are being made to develop a wellness program to help the employees become more aware of their health and wellness choices. This should in turn provide a healthier employee base, which utilizes the plan less. - The fund balance was estimated to be fully funded by the end of 2013 if the same utilization seen in 2012 was realized; however, current claim rates would suggest the fund balance may remain even or slightly lower than 2012. This will be looked at closely as the Insurance Committee begins to discuss rate increases for 2014. Town of Estes ParkFully Insured vs. Self FundedAnthem - Fully Insured Anthem - Fully Insured CIGNA - Self Funded1/1/2010 - 12/31/2010 1/1/2011 - 12/31/2011 1/1/2012 - 10/31/2012Medical & Medical & Claims &Rx Claims Rx Claims Fixed CostJan-10 134 $126,649 $46,592 Jan-11 137 $162,003 $84,727 Jan-12 134 $139,583 $58,262Feb-10 134 $127,091 $82,747 Feb-11 138 $162,438 $207,198 Feb-12 132 $136,774 $87,557Mar-10 134 $126,649 $176,966 Mar-11 138 $162,176 $237,556 Mar-12 134 $137,923 $117,306Apr-10 135 $128,126 $176,880Apr-11 137 $160,808 $108,486Apr-12 132 $135,515 $112,505May-10 135 $127,722 $178,246 May-11 135 $156,813 $72,775 May-12 129 $130,872 $78,361Jun-10 135 $127,722 $138,895 Jun-11 137 $156,272 $98,885 Jun-12 129 $131,387 $96,920Jul-10 136 $128,203 $99,322 Jul-11 138 $156,880 $86,881 Jul-12 129 $131,387 $83,062Aug-10 135 $127,743 $148,778Aug-11 138 $154,146 $81,998Aug-12 132 $133,110 $107,149Sep-10 134 $126,661 $86,868 Sep-11 139 $157,880 $77,655 Sep-12 129 $130,758 $126,280Oct-10 137 $129,052 $108,880 Oct-11 139 $158,557 $93,941 Oct-12 128 $130,699 $74,469Nov-10 139 $131,010 $109,893 Nov-11 137 $155,429 $99,077 Nov-12 128 $131,443 $91,582Dec-10 141 $131,010 $377,666 Dec-11 135 $152,194 $199,072 Dec-12 129 $133,162 $87,792Total$1,537,638 $1,731,733Total$1,895,596 $1,448,251Total$1,602,614 $1,121,244Total PEPM$943.92 $88.59Total PEPM$1,150.24 $878.79Total PEPM$1,024.03 $716.45Paid Ratio112.6%Paid Ratio76.4%Paid Ratio YTD70.0%* Anthem and CIGNA Medical/Rx claims are reported as gross claims. FundingPremiumEEsMonthMonth EEs Premium Month EEs