FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE MEETING. December 15, 2004

Transcription

1 FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE MEETING The Finance, Administration and Economic Development Committee meeting was called to order at 7:45 p.m. by Mr. Carl R. Gerlach, Chairman. The following members were present, constituting a quorum: Mr. George Kandt, Vice Chairman; Mr. Neil S. Sader; Mr. Terry Goodman; Mrs. Terry Happer Scheier; and Mr. Jim Hix. Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Jones, Director of Human Resources; Mrs. Kristy Stallings, Director of Finance, Budget and Administration; Mr. Bob Watson, City Attorney; Mr. Mike Santos, Senior Assistant City Attorney; Mrs. Penny Postoak Ferguson, Assistant City Manager; Mr. David Scott, Manager, Finance and Accounting; Ms. Gena McDonald, Manager, Budgeting; Ms. Marian Cook, City Clerk; Mr. Brad Cooper, Kansas City Star; and Mrs. Kathleen Imair, Recording Secretary. OVERLAND PARK CONVENTION CENTER Information Report: 2005 Budget. Assistant City Manager Penny Postoak Ferguson informed the Finance, Administration and Economic Development (FAED) Committee that the 2004 projections for the Convention Center net income were in the positive range. She announced that both ARAMARK and Global Spectrum have worked together to create that positive situation. She explained that the 2005 Budget is included in the packet information, and the preliminary budget was included in the 2005 Operating Budget that was adopted in August of The preliminary budget included a subsidy of $539,660. The final 2005 Budget does not include a subsidy and has a net income from operations in the amount of $200,570 with a Capital Budget of $117,955. She pointed out that both budgets combined are still in the positive range. The 2005 Budget includes revenues in the amount of $7.2 million, which is an increase of 18 percent above the 2004 projection. Last year when the 2004 budget was being developed, staff felt it was an aggressive increase from 2004 to Global Spectrum, manager of the Overland Park Convention Center, was being pushed to conduct larger sales, which is a challenge they are continuing to achieve with the increased percentage. Mrs. Postoak Ferguson noted that part of the reason net income is in the positive range for 2004 is due to the profit margin for the food and beverage component, which is budgeted at 35.2 percent for This represents an increase of over 6 percent from the 2004 Budget to the 2005 Budget, which is a substantial increase for a profit margin. Mrs. Postoak Ferguson noted that ARAMARK had made some substantial staff changes over the last year. She noted that a one-page summary was included in the packet information regarding revenue, net income and the Capital Budget. They are shown separately and both come from transient guest tax. The budgeted capital expenses total $38,000, but $46,000 is projected. There were two non-budget items, which include BTU Metering, that will better allocate utility expenses between the

2 Page 2 Hotel and the Convention Center. The other non-budget item will involve some work to be done to the acoustics in the ballroom. The total capital expense for 2005 is approximately $118,000. Mrs. Postoak Ferguson introduced Mr. Brett Mitchell from Global Spectrum, who would provide additional information. Mr. Brett Mitchell, Global Spectrum Regional Vice President of Facility Management & General Manager of the Overland Park Convention Center, explained that they were using an aggressive approach and felt they were up to the challenge this year like they were last year. He felt they were ahead of their pace going into the next year compared to this same time last year. As long as they can peak their performance of bookings within the fiscal year, they will have a very solid chance of meeting the aggressive push. Chairman Gerlach referred to the food and beverage section stating those sales were projected to be 35 percent in 2005 and at the end of He felt the reason the projections were the same was due to the vacancies, which drove the profit margin up last year. He asked if those capital vacancies were expected to occur all year. Mr. Mitchell noted that there were many vacancies in 2004 in the food and beverage area, as well as a lot of turnover and many other changes. He felt those changes paid off well, but that the 35 percent profit margin in food and beverage was a good number to achieve for the convention center. As revenues grow, the margin will grow. Chairman Gerlach noted that reference was made in the 2005 Budget under the Capital Expenditures portion regarding acoustics in the ballroom that were recently approved. He inquired about the details of that item. Since the item was not officially listed on the agenda, he requested it be added as a non-agenda item. Mr. Goodman moved to add a non-agenda item pertaining to the ballroom acoustics. Mr. Neil Sader seconded the motion, which carried by a vote of 6 to 0. NON-AGENDA ITEM REQUEST TO WAIVE BIDDING PROCESS FOR BALLROOM ACOUSTICAL WALL PANELS AND AUTHORIZATION TO NEGOTIATE A CONTRACT WITH TURNER CONSTRUCTION Mrs. Postoak Ferguson stated that staff is requesting to waive the bidding process for the Convention Center ballroom acoustical wall panels and authorization to negotiate a contract with Turner Construction to perform the work. Staff has tried some different options to try and improve the acoustics, but only achieved a little improvement, and it is still not at the level the consultants are recommending for this ballroom. Some insulation and fiberglass have been sprayed on top of the ceiling clouds of the ballroom, which has helped somewhat. The consultant is recommending replacement of the wall panels to a two-inch thick wall panel using materials that will be more sound absorbing rather than reflecting the sound at certain levels.

3 Page 3 The final 2005 Convention Center capital budget includes this project, which is funded out of the Transient Guest Tax Fund. Staff is recommending the formal bidding process be waived and that staff be authorized to negotiate a contract up to $75,000. This item was previously listed in the packet information for the capital budget in the amount of $65,000. If staff is granted authorization to negotiate the contract with Turner Construction, they feel they can negotiate that contract for $65,000 based on the scope of the work to be done and some changes that must be made. If the negotiated amount results in any amount over $65,000, the Convention Center would have to operate within the capital budget authority the Committee provided for all projects, and the remaining amount over $65,000 will have to be absorbed through other projects if needed, but it is not anticipated. Mr. Mitchell stated that they had two acoustical consultants test the ballroom, and they found there was a three-second delay. The improvements they made brought that delay down to a two-second delay, but a 1.8-second delay was preferable. He hoped replacing the panels would get them into that range. Mr. Goodman asked if acoustical studies were conducted as part of the architectural process in designing the Convention Center and ballroom. Mrs. Postoak Ferguson noted that there was much discussion regarding that issue, and they had worked with the original designer, Turner Construction, to make some smaller changes. Turner was willing to make changes to a certain point, but when staff reviewed the contracts in more depth, they had determined that Turner had met the contractual obligations. The reason for some of the differences is that they looked at the ballroom as being used as a multi-purpose room. Therefore, the acoustics were handled on the level of a multi-purpose room rather than a higher quality ballroom. Mr. Mitchell noted that Turner relocated some of the speakers to address some of the dead zones early on and added an additional row of speakers. Chairman Gerlach asked if the sole source contract is approved whether it would include the specific number of seconds needed to guarantee what they are buying. Mr. Mitchell noted that would be difficult to determine, because it is not an exact science. All they can do is accept recommendations and opinions of the consultants, but they often stop short of making any guarantees. He noted that the consultants have been advising of the proper steps to correct the problem. Mr. Jim Hix asked if the $65,000 or $75,000 fee included the consultant s costs, or if it was separate. Mr. Mitchell stated that the consultant s fee was included. Mrs. Postoak Ferguson stated that they currently have a consultant set up for some of the work. Mr. Hix felt the Convention Center might lose repeat business if they do not address these issues. Mr. George Kandt asked if there had been any specific feedback or complaints about the sound system from any of the groups that have held events in the ballroom. Mr. Mitchell noted that there have been complaints in the past, but there have been fewer complaints recently since they have taken some steps to correct the issue. Having some complaints still poses a concern. The types of events that are most affected are the events that require the use of the entire ballroom. When the ballroom is divided into its smallest section, the sound system performs much better, because it is more isolated.

4 Page 4 Mrs. Terry Happer Scheier asked how long it would take to improve the sound system. Mr. Mitchell noted that once they receive approval and the materials are received, it will only take six days to complete. Mrs. Happer Scheier asked if any major business would be lost with this process. Mr. Mitchell noted that no major business would be lost including room nights. If some event is displaced, more than likely they could find another date for the event. Mrs. Postoak Ferguson noted that staff was trying to plan some target dates that included a five-day period in mid-to-late January where there are no events on the books. In order to meet that time frame, staff would have to receive authorization to negotiate contracts and get the materials ordered to meet the target date. Mr. Hix moved to recommend approval to the Council to waive the City s purchasing policy and authorize staff to negotiate with Turner Construction as the sole source contractor to replace the acoustical walls of the Convention Center. Mrs. Happer Scheier seconded the motion, which carried by a vote of 6 to 0. RISK MANAGEMENT ANNUAL STATUS REPORT Mr. James Charlesworth, Charlesworth & Associates, the City s Risk Manager, offered to provide a brief overview of their services, responsibilities, activities and future goals. He explained that their firm was started in 1977 by his father, Art Charlesworth, specializing in providing risk management services to governmental entities, cities, counties, school districts and recreational districts. The main states they provide these types of services to are Kansas, Oklahoma and Missouri. Their firm has been working for Overland Park since Mr. Charlesworth explained that risk management mainly consists of Loss Financing, which pays for losses, and Loss Control, which prevents or reduces losses once they are incurred. He noted that City Operating Procedure (COP) No. 222 outlines the function and responsibilities of risk management, which is included on Page 2 of his report. It also highlights the broad spectrum of their firm s responsibilities. Mr. Charlesworth referred to Page 3 of the report pointing out the 2004 summary of the work they completed, which includes approximately 640 consultant hours. This number was less than last year, because they had conducted some marketing and other things they did not do in Over 200 incident reports were reviewed, over 40 claims were managed, and over 50 contracts were reviewed and confirmed insurance compliant. They assisted with 29 dangerous animal permits, 16 taxicabs registrations, and 8 solid waste permits, and they continued to be involved in workers compensation. They also coordinated the renewals of all insurance policies for the City, Convention Center and ancillary City programs and groups, such as the Arts and Recreation Foundation. Their firm worked on a variety of issues throughout the year. Camp Inferno is a program they are currently working on with the Fire Department. This is a camp for young women to get them interested in the fire services business. Mr. Charlesworth explained that they have been working on insurance renewals, which are due April 1 with the exception of the Convention Center, which is a November 1 renewal. They will continue to work on the Fire Department acquisition and monitor its effects on the City regarding how they will fit within the City structure.

5 Page 5 They will continue to improve subrogation recoveries, meet all responsibilities put forth in COP No. 222 and respond to special projects Mr. Kandt asked what effects the Fire Department has had on the City s risk management and what could be foreseen for next year. Mr. Charlesworth did not foresee any major issues coming up next year. He noted that it has been a cultural change for the Fire Department with his involvement, but they are still trying to understand how to handle certain situations, such as what happens when employees are involved in an automobile accident. He noted that the Fire Department was still in the learning process of determining what information is needed for risk management and when the risk manager needs to be involved. He noted that he had performed consulting work for the Fire Department prior to their acquisition into the City, which makes for a helpful transition. He noted that their largest amount of work with the Fire Department is with workers compensation and trying to incorporate them into the City s self-funded system. Chairman Gerlach asked if Mr. Charlesworth had gotten involved with any liability issues associated with the City potentially owning an arena. Mr. Charlesworth stated it was an issue he has been following, and he was prepared to handle. Director of Finance, Budget and Administration Kristy Stallings stated it was an issue staff will get into as part of the negotiation of the actual agreements according to the risk management requirements. CONTRACT Midwest Employer s Casualty for Self-Funded Workers Compensation Program Excess Insurance. Human Resource Director Bob Jones presented a contract with Midwest Employer s Casualty for Self-Funded Workers Compensation Program Excess Insurance. Staff recommended the selection of Midwest Employer s Casualty as the City s Excess Insurance carrier for 2005 for an estimated premium of $51,068. In 2004, staff conducted a request for proposals for this insurance coverage through the City s third party administrator, Thomas McGee. At that time, the market search confirmed that Midwest Employer s Casualty would provide the City with competitive coverage and premiums. This would not be a change from last year; therefore, staff requested that the Committee authorize staff to contract with Midwest Employer s Casualty. REQUEST TO WAIVE BIDDING PROCESS Thomas McGee for Workers Compensation Third Party Administration. Mr. Jones presented a request to waive the final bidding process and authorize staff to contract with Thomas McGee, who is the City s current administrator for Third Party Administration of the City s Workers Compensation Plan for a period of one year to be effective in He noted that the administration of some specific complex claims can extend over a long period of time; therefore, continuity in the administrator is important relative to the success of the disposition of those types of claims. Charlesworth and Associates, the City s risk manager, oversees these types of activities of the third party administrator and assists the City in negotiating terms of agreements with their third party administrator.

6 Page 6 Staff requested authorization to waive the final bidding process and for staff to develop a formal agreement with Thomas McGee for an administration fee of $7,938 with a claim handling fee of about $2,000 per month, which amounts to an estimated total annual expenditure of $31,938. This will be subject to an audit at the end of each year, which will determine whether the City will extend the contract further. Mr. Hix asked if the City was self-insuring the Workers Compensation Program and at what level. Mr. Charlesworth explained that the City has an excess workers compensation policy that provides Specific and Aggregate stop-loss protection including a policy limit of $300,000. The City would pay the first $300,000 in claims for all employees, except for fire fighters, which will be $350,000. The Aggregate stoploss limit is where each dollar spent within the retention is applied to the aggregate estimated loss fund of $1.82 million. If the City has substantial losses, the program then becomes a fully insured program. Mr. Hix asked if 100 percent of the costs plus third party administrator charges would be covered until the $300,000 limit is reached. Mr. Charlesworth explained that the program operates on a per accident basis. It does not matter if there is one person injured or ten people injured, because the retention amount to be paid will still remain at $300,000. Once they reach that limit for a particular accident, the excess insurance will pay indefinitely whatever costs are involved according to statutory limits. Mr. Hix asked if lost time would be included. Mr. Charlesworth agreed. Mr. Hix asked what percentage of the City s employees were clerical workers. Mr. Charlesworth noted that he would have to review the payroll records and noted that payroll is what really generates the premium. He felt there was about $11 million for clerical workers in payroll. The Fire Department payroll has about $8 million, and the Police Department payroll is about $10 million. Mr. Hix asked if Mr. Charlesworth was satisfied with the City s efforts with injury prevention education. Mr. Charlesworth agreed and noted that in January or February of 2005, he would be providing his annual state of the program report, which will outline losses, administrative costs and ancillary expenses that will be compared to what a fully insured plan would be. He felt they would find they are well over $2 million ahead since the inception of their self-insurance plan in 1986, and expenses are more stabilized with the fluctuations occurring in workers compensation. This means the City is not as susceptible to the ups and downs of the insurance market. Mr. Kandt referred to the Workers Compensation Program Excess Insurance and asked if a comparison was conducted with the candidates who responded to the Request for Proposal. Mr. Charlesworth stated they conducted a full marketing effort for the 2004 calendar year policy. There were three insurance companies considered including Midwest Employer s Casualty, Safety National and Employers Reinsurance Corporation. These are about the only three excess insurance and workers compensation insurers available. Since Employers Reinsurance Corporation (ERC) was purchased by General Electric years ago, they want the Fortune 500 companies as clients and are not interested in providing services for the City of Overland Park. The reason Safety National was not chosen as the City s excess insurer was because little had changed with this company s rates and coverage over the last year. These are the reasons he did not request proposals for the 2005 year and he felt Midwest Employer s Casualty has continued to provide competitive coverage and premiums. He pointed out that the City would not want to project the image of an account that shops all the time within the insurance business, because insurance companies like

7 Page 7 stability. He understood the need for due diligence, but at the same time they must look at the long-range objectives of the City. Since there was no big shift in the market, there was no need to seek other candidates. The trend is starting to become softer in excess insurance, and he felt they may be looking again next year. Mr. Sader moved to recommend approval to the Council of the contract with Midwest Employer s Casualty for excess insurance for the Workers Compensation Program and to waive the bidding process and select Thomas McGee as the Third Party Administrator. Mrs. Happer Scheier seconded the motion, which carried by a vote of 6 to 0. RESOLUTION NO AND CHARTER ORDINANCE NO. EIGHTY-FOUR Discussion of Proposed Changes to Council and Committee Procedures and Elections, Terms and Vacancies. Mr. Goodman explained that the discussion of Resolution No and Charter Ordinance No. Eighty-Four was a result of a request by Mr. Thomas C. Tim Owens. Mr. Owens had asked him to relay to the Committee that he wished to withdraw the items on his proposed changes with the exception of the recommendation relating to having the Council President serve as the presiding officer of the Committee-of-the- Whole meetings, as well as his recommendation regarding the Mayoral election. This was an effort to find a mechanism that would allow councilmembers to run for mayor without having to sacrifice their seat on the Council. Chairman Gerlach asked what the justification was to make these changes. Mr. Goodman stated that he had not had any discussion with Mr. Owens relating to the rationale of the recommendations. He felt the recommendation concerning the Mayoral election was as stated in that it created an unfair situation for anyone who happens to be a member of Council running in the Mayoral election. He felt this was the only item for discussion since Mr. Owens was not present to explain his other recommendations. Mr. Hix stated that he had spoken to Mr. Owens about his rationale for making the recommendation regarding chairing the Committee-of-the-Whole meeting. He explained that Mr. Owens feeling was that the Committee of the Whole is a committee meeting similar to their other committee meetings, which are not chaired by the Mayor, and it should not be chaired by the Mayor either. This change would bring consistency to the concept that the Mayor does not have a vote, and the fact it is a committee meeting. He felt it made sense to have this committee run by a member of the City Council, as opposed to the Mayor, but he was not prepared to argue Mr. Owens position. Chairman Gerlach explained that the Committee could either discuss the item and decide to take no action, direct staff to provide additional work to bring it back to another committee meeting or pass a motion to make the recommended changes. Mr. Kandt asked whether Mr. Owens had expressed any interest in talking to the Committee about these issues, or if anything was said about continuing the items to their next meeting when he could be present to express his feelings. Mr. Goodman stated that Mr. Owens had not mentioned anything about a continuance other than the fact the Committee should focus on those items. He noted that Mr. Owens had

8 Page 8 intended to be present at this meeting, but had a conflict. He felt if the Committee wanted more background information, then it would be appropriate to continue the discussion of this item to the January FAED meeting. Mr. Kandt felt Mr. Owens had important reasons for proposing changes, and it would be more appropriate to continue the discussion of the items when he can speak to them to facilitate discussion. Mr. Hix favored leaving the items on the table for discussion until Mr. Owens can make his presentation. Mr. Sader saw some merit in the item regarding the Council President chairing the Committee-of-the-Whole meetings, but he felt it would be appropriate to have legal staff review and survey other communities to determine if that is something that is typically done. He also felt legal staff should review the item concerning proposed changes to Council and Committee procedures, elections, terms and vacancies. Mr. Hix favored collecting additional information and continuing the items. Chairman Gerlach requested that legal staff provide additional information concerning the three discussion items listed under Resolution No and Charter Ordinance No. Eighty-Four. Mr. Kandt moved to adjourn the meeting at 8:45 p.m. Mr. Sader seconded the motion, which carried by a vote of 6 to 0. Minutes transcribed by Kathleen Imair. Carl R. Gerlach, Chairman