MINUTES

FINANCE COMMITTEE

Tuesday, February 9, 2010
City Hall, Room 604

5:30 p.m.

 

 

MEMBERS:  Chairman John Vander Leest, Tony Theisen, Tom Weber, and Steven Deneys

OTHERS PRESENT:  Dawn Foeller, Allison Swanson, Angie Dart

 

1.    Roll Call. 

 

Vice Chairman Ald. Theisen called the meeting to order.  All were present except for Chairman Vander Leest who had not yet arrived.

 

2.    Approval of the Agenda.

 

A motion was made by Ald. Weber, seconded by Ald. Deneys, and carried to approve the agenda.

 

3.    Approval of the minutes of the Finance Committee meeting of January 26, 2010.

 

A motion was by Ald. Weber, seconded by Ald. Deneys, and carried to approve the minutes of the Finance Committee meeting of January 26, 2010.

 

A motion was made by Ald. Weber, seconded by Ald. Deneys, and carried to hold item 4 until Ald. Vander Leest arrived and take up item #5 out of order.

 

5.  Request by Ald. Kocha to discuss the effect of the lawsuit filed by Ald. Vander Leest against the City and its impact on the City’s budget.

       

City Attorney, Allison Swanson, explained the City has a self-insured retention (SIR), which is essentially a deductible, of $150,000.  The SIR increased to $200,000 for 2010.

 

Finance Director, Dawn Foeller, added that claims are categorized by department and then charged back to the respective department’s insurance budget line item.  With respect to the Vander Leest case, the $150,000 would be charged to the Police Department under Dept Insurance Charges.

 

At this time, Ald. Vander Leest arrived.

 

Attorney Swanson stated the City has done well containing claims overall.  The only possible claim that could exceed the 2010 SIR of $200,000 would be the Santos case.  If there were a multitude of claims that exceeded the SIR, it could increase the City’s premium rate.  Such an increase would not take effect until 2013 since the City’s premium rates are locked in for three years (2010-2012).

 

Ms. Foeller explained that the City has set up a specific fund to account for its General Liability Claims.  In budgeting for this fund, she looks at two pieces – the insurance premium and the claims.  The value of the estimated liability claims for a new budget year is based on five years of actual claims paid and one year of annualized claims, which includes all claims against the City, large and small.  So for 2010, she used claims paid from 2004-2008 plus the annualized value for 2009.The amount budgeted for claims were $331,770.

 

A motion was made by Ald. Deneys, seconded by Ald. Weber, and carried to receive and place on file.  Ald. Vander Leest abstained.

 

Ald. Vander Leest took over as Chairman.

 

4.    Request by Ald. Vander Leest to review how all pending lawsuits against the City of Green Bay impact the City of Green Bay and the City budget.  If current lawsuits still pending were filed in previous years, the total costs of each lawsuit should be presented.

 

Ms. Foeller explained the City levied $530,000 in 2010 for insurance premiums and claims.  She also reiterated the change in the SIR to $200,000 for 2010.  The Younkers litigation fell outside the scope of the City’s General Liability Fund, so the City took out a $5.6 million loan that is being repaid through the debt service fund.

 

Case

 Legal Expenses

 

Younkers

 $                           763,021.30

 not covered by insurance therefore expenses have been bonded

Appleton Papers (PCB)

 $                             67,395.40

 Additional legal expenses to be reimbursed by insurance carriers

Lerch v. City of Green Bay

 $                             15,656.89

 $150,000 SIR

Vander Leest v. City of Green Bay

 $                             36,352.59

 $150,000 SIR

Waldron v. City of Green Bay

 $                               4,200.00

 $150,000 SIR

Santos v. City of Green Bay

 $                                            -  

 $200,000 SIR

Total

 $                           886,626.18

 

 

Attorney Swanson reviewed the list of pending lawsuits and noted the City will receive approximately $34,000 back from our insurance carrier for the PCB litigation.

 

A motion was made by Ald. Deneys, seconded by Ald. Theisen, and carried to receive and place on file the review and total costs of all pending lawsuits against the City of Green Bay and their impact on the City of Green Bay and the City budget.

 

6.   Request by Ald. Vander Leest to bring back before the Finance Committee recommended changes to the ordinances incorporating language that would attach a fiscal impact to resolutions or ordinances passed by the Common Council, where possible, and to create a budget task force committee.

 

The committee discussed the possible structure and member orientation of the proposed Budget Task Force (BTF).  Ald. Weber and Ald. Deneys want to ensure that this standing committee act as an advisory committee to Council and department heads in preparation for the budget.  The committee should report out to the Finance Committee, which will in turn report to Council.  Having a committee composed of members from various industries and public and private sectors will provide alternative viewpoints and additional insight into budget preparation. 

 

Being that Chairman Vander Leest proposed the idea for the BTF, it was suggested that he compose a bullet point list outlining what he envisions for this committee.

 

A motion was made by Ald. Weber, seconded by Ald. Theisen, and carried to hold up discussion of the Budget Task Force (BTF) standing committee until the next Finance Committee meeting and have the Finance Committee Chair draft bullet points of recommendations for the structure and member orientation of the BTF.

 

A motion was made by Ald. Theisen, seconded by Ald. Deneys, and carried to approve the addition of the fiscal impact statement to ordinance 2.06.

 

7.   Request by the Finance Director, on behalf of the City Assessor, to cancel certain real and personal property taxes.

 

The committee went through each of the requests.

 

A motion was made by Ald. Weber, seconded by Ald. Deneys, and carried to approve the request by the Finance Director, on behalf of the City Assessor, to cancel certain real and personal property taxes.

 

8.   Request by the Finance Director to move a certain amount of postage dollars from Police and Municipal Court budgeted line items to the print shop postage account to cover the cost of processing the respective departments postage now being processed through the print shop.

 

A motion was made by Ald. Weber, seconded by Ald. Deneys, and carried to approve the request by the Finance Director to move $9,000 from Police and $7,300 from the Municipal Court budgeted line items to the print shop postage account to cover the cost of processing the respective departments’ postage now being processed through the print shop.

 

9.         Request by the Finance Director to submit a reimbursement resolution at the next Common Council meeting in regards to the Military Avenue reconstruction/development contract work to begin before the City actually goes out to borrow the money for this project.  The City would use funds on hand to make the appropriate payments to the contractor and seeks to recoup those dollars once the bond issue has been completed.

 

Ms. Foeller explained the need to draft a reimbursement resolution in the amount of $8,109,000, the City’s portion of the entire project, which will enable the City to borrow the money at a later date to reimburse funds on hand that may be used to pay contractors.

 

A motion was made by Ald. Deneys, seconded by Ald. Weber, and carried to approve the request by the Finance Director to submit a reimbursement resolution at the next Common Council meeting in regards to the Military Avenue reconstruction/development contract work to begin before the City actually goes out to borrow the money for this project.  The value of the reimbursement resolution will be $8,109,000, which is the City’s portion of this entire project.  The City would use funds on hand to make the appropriate payments to the contractor and seeks to recoup those dollars once the bond issue has been completed.

 

A motion was made by Ald. Weber, seconded by Ald. Deneys, and carried to adjourn.  The meeting adjourned at 6:30 p.m.

 

2010 Contingency Fund

$51,300.08