HomeMy WebLinkAbout1993-03-18 - Board of Trustees Meeting Minutes Mr-1R Is 193 11:43 Rn5 INC. P.
Risk.
Management
Services Ino.
March is , 1993
Mr. Chris Russo
Village Administrator
The Village of Rye Brook
90 South Ridge Street
Rye Brook, NY 10570
Dear Chris:
RMS has obtained alternative quotations for the Workers
Compensation insurance program renewing March 13 , 1993 ..
There were two primary reasons for obtaining these
i quotations; one was to reduce premiums and the other to -
improve services such as claim handling and administration
over what has been received to date.
f The alternative programs are as follows:
I. Lovell Safety Group
A safety program using the State Fund as the funding
mechanism i. e. insurance company. Each insured in
this group gets up-front discounts as well as
dividends at the expiration of the contract depending
upon the experience of the group. Although the
dividends are not guaranteed, it has been running 35%
for the last 4 years . Lovell provides such services
as safety engineering, claims administration and
monitoring, rehabilitation services, surveillance,
etc. It provides the services that the State Fund : .
does not. ,•.
990 WESTBURY ROAD WESTBURY, NEW YORK 11590 . (516)333.7250 . FAX: (6i 777T:
- MAR 18 193 11:49 RMS ZNk . p 3
i
Mr. Chris Russo
I March 18 , 1993
Page 2
E II. Lawrence Group
r The Lawrence Group is exactly similar to the Lovell
Group. The same services are provided as well as
the up-front and expiring dividends. Lawrence Group
has averaged 38 . 3% .1n dividends for the past 6
years .
III. PERMA
G The PERMA program is very similar to both of the
f above with regard to services provided. The major
difference between the options and the PERMA group is
that PERMA does not have an insurance company as a
funding mechanism. They pool premiums from their
insured and use this to pay claims. The major
concern with this program is the amount of surplus.
Surplus is assets over liabilities i.e. net worth.
PERMA does not have substantial surplus amounts and,
therefore, is not considered a good alternative to
the safety group described above.
FINANCIAL COMPARISON
Existing
Program Lovell Lawrence
Renewal Group Group PERMA
Premiums $105, 104 $83 ,971 $87, 260 $113 , 271
Dividends (31, 489) (29 , 390) (32, 161) (37, 380)
Fees - 8 , 397 3 , 359 2 , 421
TOTAL COST $73 , 615 $62 ,978 $58 ,458 $78 .312
With No
Dividends $73 , 615 $92 , 368 $90, 619 $150, 651
MRRR IS '93 11:49 RMS INC. P.4
Mr. Chris Russo
1 March 18, 1993
Page 3
f
The recommended alternative is the Lawrence Group because
it has the best premium. However, RMS was advised by
C. J. Pagano and Sons on March 11, 1993 that the Village
could only enter the Lawrence Group on the renewal date of
k March 13 , 1992 . Therefore, it is recommended that the
1 Lovell Safety Group program be accepted.
Please advise if you should have any questions or need
additional information.
Bi.alcerely,
A an H. Bader, CPcu, CMC & CEI
President
AHB/mc
LOVELL SURVEY RESULTS
BRZARCL7r7 MANOR
Briarcliff Marc-.-- is happy with Lovell . They do receive loss runs
and other reports on a regular basis . Paperwork is sent to Lovell
who , in turn, sends the claim to State Insurance within two days .
State Insurance still calls them directly to verify salary
information and other information listed on the C-Z . There is no
i time savings in assigning a claim number. If there are problems
with a claim, they are handled through Lovell . occasionally has
problems with State Insurance Fund claiming that a C-Z was never
received on a claim .
TUCKAHOE
Tuckahoe has been with Lovell for two years and is happy with their
servicei . They Isar= gotten rebates bac : . Loos runs .are received
on a quarterly basis . Knows the amount of reserves set aside for
certain cases . It is a pleasure to deal with Lovell safety Group
with problems instead of dealing directly with state Insurance
Fund. Refunds are slow.
PLEASANTVILLE
Pleasantville is satisfied with Lovell ' s services . They do receive
loss runs on a regular basis . Their premiums are about a third
lower than before . They offer excellent seminars on OSHA and
Public works Programs . Lovell does on site visits . Pleasantville
k hasn ' t had any problems with claims .
NORTH CASTLE
North Castle is satisfied wita Lovell ' s services . Lovell is more
helpful than dealing directly with State Insurance Fund. If you
have a problem with a claim, they take care of it for you . They
investigate your loss runs to make sure that something that
shouldn ' t be is still hanging around. You receive dividend checks .
Lovell will work on lowering your experience modification if asked
to d-, sT . T, ti:? lOnC -7i? Lo:+9_1 15 .a aFe_,
Croton on Hudson has only been with Lovell since March 1 , 1993 . If
you have any problems or questions regarding claims , you call
Lovell and they deal with state Insurance. The selling point for
them is the f::ture dividends .
VILLAGE OF F'-'AC'C
Village of N-. a =k started with Lovell in Sune 1_192 . T_1--y faal that
it i3 t-,. _ _ , ,1 t � e'lal::d=? LOVB:l a ..e'"/1'7?� T�'..y 4iC+.:1.: rDt t='-�
me what they thought of Lovell .
BP.ONXV ILLE
In the beginning Bronxville had problems with Lovell . Bronxville
is now happy with their services . Lovell is very helpful with
problem claims and they are a source of information. Lovell
conducts safety checks and puts on seminars for DPW and the Police
Department. Bronxville hasn' t gotten loss runs because they
haven' t requested them. You still have to deal with state
Insurance for certain things.
C
I
i
J
MAR 15 '93 03:04PM LOVELL SAFETY MGT. UND. & SALES P.?
A L'�W�ppSSN1.��'•'�•88A'tQQ'yy.7Dt A_Y G.m PN�yaya�dd ALAS ACee�rrA r'L=��Oil +i+� 1 O
�` ��AyN�a<ll��mG�Tf O.�i P�AT�ir��v�aZ�A�9r7 ATrAr��i rm' � � M111
r� = ppm •OO ;ti^Q��SOir2TYP�QBtiKp Ayym� �Q rlll i
�' Nm}9plt1NCD�C1"I• ^NQSOr �rs.`i W=m Orn a��N.b 22fT-rAm�T �� ' i� .NOO �
NQ�9�`Z�YOIT�iir��T<IyCr/�II A��q�{Ar���Ea f�' A 9mr•`tail•pT}R m(<_1 tCR�A}m�nQt � �$Ar 11 W i
�• 'A, prST� r11A b', C , �N} pp Lpul�l�1A�ZtQtl�fD'-�t:lry yl5• xxyN?OSA. it fi 11 i #
'Y O3, i♦ p<}r'r QA IDm r' S =+•p• RQa. Gf 11 n 11 s >
.. Q<�•imp� -Ir.A• q 1-r•
pti K�U1NrA90/•• GL�y1 �• LR�1f• ma�•y�InQ
RX=.P
A«S.y�9 Q Cee/A� TAtNt�O,pmCS yy�� NI t}rt}IIAKTINit�f� ll 11 fi s
•3 -t �}nTn< Tri r}1CAA TGIn A C� <_ A, RI =,97e r'A.F 92pII II > S >
YI SA�-yyt••Tmy_ Ax-rApyiA Him.
`C�gAC1iQ RO gCl � TRA}-IA iI iI i� i
Oti y i9m�pyrA%� AO GF N•YiQYQl+Iam�Ao�t�TAA iN 9m bluer
tA�A�KH im. iT�NA T-• mN mA• 11 i� s0 � s
�m u
Ki< i�-9-rr..-I� •1-Ir.�r�lti�..l-1'-f-Ir.IN�-.•.•�• An All sr/ n� >
gg gp g 9
'•ter=.:=��1=^'-r'•$Sigi3 $33'^»•azl � n n :� I ii 3int.�^. n s
r•��rl-r r•l-r•r�r
'� -- } �}ic}ipn�}npoOCOOOOTOT�OOQCO00o00000m9• <K•+Qou a .-...••.� S
h ,�{�'�'inm`�mm74�me�l ��yiTlTyTyyy�1y�tyyO11 aaT^T^ppT pST5p lfT1T T�pT}T^nO1TTT�;11CSr�g T-Il!{l!� 11 •O� � G +
\y Tr/T�•TQ+ITT•Qfl��TgQl�O bAr•�y�1, FAp2�'Yrr Oy�L~pS r•t�l'lmpmOpmr61 E'IN�mI, '111 •Om'CO 1"' Y
r rt� C9rK=3}r�.A FN�CLG ZAt"}r}1}TNAa2 }= 'q R02A ;1 1♦i39 A M
vn `1' /}fin Lrtl t _T.pY �rY�m�Nl1}�y SS �• �1•-!• 10 aC
Ana l C }r1 NJioCS ZO � }•ry O NrA 9N y T]Ii0}ltA 1 I� YNO N_9 }
r 'y Ol1'1S rVT(tAri1 =m TI m m 1JIi1 ANS l� f� *►`N � >
h f�� /1i�rrr+ 1CiYcyl i •�'pp� r''�Q�{` tWiy1 II II{{ si••0 A'Onnit Y>
ym NDIn t
Nr�. n • ll 1� YW�O M
G Y !0m p Oy ry oT AO y} 1 II
Gi }r��r•'I ymy r}I.�1. `Sr0_X y�ooSr C9A>�>�••rlmgtpyTA2Sr'r 8R8n Af rNNOI"'OLRD}M !1 II
a, }fq rn 52(122 <<!i NSa}9�m
N
rS py a�4m N2=CAlI1IK II y N
RR411 �rl^i �m TmGGQ}Ap ••9�p+ N A � �r}f�rj �ll� •9 •rf
5r•\ ` IAO r• C 3{' A r'� 1 �^ ^-.tea fowl Y •�
I
E t
0
i
C-
MARONEY PONZINI & SPENCER
• ATTORNEYS 6 COUNSCLORS AT LAW
14 NORTH OROAOWAY
` TARRYTOWN.NCW YORK 10391
} THOMAS W.MAROHEY TELEPHONE: (914( $31.1176 FAX. (9141) 631.23414 COUNbtI
r ROpeRTJ.RONIINI THOMAS R.CONST^aNX.JR
eOAeRT W, srPNCCA• MAR"L.OAVIPO
LARCHMONT OFFICE CONNECTICUT OFFICE JOHN C.POLERA
LORI A,ALCSIQ• 1000 PALMCA AVENUE 460 9UMMER STMCET,ATII PLOOR MICIIACL".STANTON.JR.
LANAA CORLANO• LANCMMOMT.MY 10336 STAMFORO.CT 06901 4""H P.ST.OMCC
McO1MA F.XCU11 C (9,A( 634.OIOO (2OM 359.0606 ...�
SNIAN O.MYROMY
MENMCTHP POWCLL 'ALSO AO.."CD IN CT
409E A.STAROIOTTI•
♦ALdO AOM,TCq 1N NJ
MARIAMMP AT[CICN
MATHLEW M.NOP"INS
March 12, 1993
Village of Rye Brook
90 South Ridge Street
Rye Brook, New York 10573
Attn: Christopher Russo
Village Administrator
Dear Mr. Russe :
our firm is pleased to apply for the position of Village Attorney
for the village of Rye Brook. we would offer to provide those
services on the following terms and conditions :
i . An annual retainer of seventy thousand ($70, 000 .00)
dollars payable in equal monthly installments of $5, 833 . 33 on or
about the first day of each month commencing on April 1, 1993 , The
term of this agreement shall be April 1, 1993 through March 31,
1994 .
2 . In return for this retainer, our firm will provide all
counsel required by the Mayor, Board of Trusl-eAg, the Village
Administrator, the Zoning Board of Appeals, the Planning Board, the
Village Treasurer, the Village Assessor, the Village Clerk and such
other, official parties as you and/or the village may direct ,
3 , A member of our firm will attend all regular, special and
executive sessions of the Board of Trustees and Planning Board, as
may be . `�°�--^-;. We will also be available if, on a special need
basis, an attorney is required at a particular meeting of or for
consultation with the Zoning Board of Appeals, Architectural Review
Board or other volunteer boards and committees. Our firm is
prepared to schedule office hours on a weekly basis for
consultations and continuity as follows :
(a) one-half day at Village offices on Wednesday
mornings, plus local Court time; and
(b) Friday afternoons between the hours of 2 : 00 p .m.
and 5 : 00 p .m.
Y1Ji Gai y3 1L:�1L 'p V14 061 2404 M P a v
'' 11�I X18
Village of Rye Brook
1 March 12, 1993
Page- 2 .
4 . In addition to attending those meetings, preparing for
and providing counsel at same, the above retainer shall cover the
following services rendered at the request of any of the parties
referred to in 11211 , above :
drafting and/or recodifying local laws and
ordinances
- written opinions and memoranda as requested by the
above parti6a
- drafting ordinary business documents, including
4 deeds, contracts, leases and the like
- researching legal matters as requested
- handling litigation matters in the local court ,
including all work on typical insurance and
building code cases
5 . You will provide us with the following:
reimbursement of all out-of-pocket expenses ,
including fees and expenses of witnesses, photo-
graphs, printing and stenographer' s minutes ,
surveys, title reports, searches and appraisals .
Whenever possible, our firm will present all such
proposed expenditures to the Board of Trustees
and/or the Village Administrator in advance
- supplies as necessary
reimbursement for our firm' s minor service related
expenditures, including postage, photocopying not
able to be done by the Village, and printing on
briefs and appellate documents . Such will be
presented without profit increments on the month
following use.
6 . The foregoing services are based upon an estimate of nine
hundred (900) billable hours over a twelve (12) month period. If
the estimated hours are not exhausted, those excess billable hours
will be credited towards any services referred to in 1171' below . If
a combined total of the services provided in 116" and 070 do not
exceed six hundred (600) hours, then our firm will refund that
unexpired portion of our annual retainer.
7. Should the Village wish us to pursue a major research
project or become a party defendant in a civil and/or criminal
proceeding, or should the Village wish to seek redress as a party
plaintiff or intervenor, our firm will prosecute or defend claims
pursuant to the following additional fee schedule :
Village of Rye Brook
March 12 , 1993
Page 3 .
1
For all In-Court services at an hourly rate of
$125 . 00 per hour.
For all out-of-Court services at an hourly rate of
"*110 . 00 per hour.
8 . Our firm pledges to use its best professional efforts on
your behalf and as cost-effective methods as possible. In
addition, all litigation matters will be reviewed in advance with
both the Mayor and the Board of Trustees and the Village
Administrator to determine the cost effectiveness of each
litigation proposed or pending.
9 . The same litigation fee structura should be agreed to by
any outside counsel as a condition of employment. In the unlikely
event we are forced by circumstances to use outside counsel for
nonlitigated matters, my respectful suggestion is they sign in
advance a special retainer agreement with fee limits.
If the foregoing is acceptable to you, please sign the copy of this
letter and return it to me at your earliest possible convenience .
Naturally, it will be necessary to appoint our firm Village
Attorney and approve this retainer agreement by the appropriate
resolution. A copy of this retainer agreement should be maintained
as part of the official Village file for scrutiny and examination
by your auditors and the State Department of Audit Control .
Thank you for your consideration of our firm. I trust our services
will be rendered to your complete satisfaction.
Very truly yo s,
0 Y P III & SPENCER, ESQS.
Obert PonzT
Flip/bac
Agreed and Accepted:
THE VILLAGE OF RYE SPOOK
By: