03-22-04 Personnel & Finance - Laserfiche WebLink

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South Bend Common Council Personnel and Finance Committee Minutes from Meeting of March 22,2004 The March 22,2004 meeting of the Common Council's Personnel and Finance.Committee was called to order by its Chairperson, Council Member Derek Dieter, at 3:55 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Kelly, Puzzello,Varner, Kuspa, Coleman, Kirsits and White. Among those also present were Bill Carleton (Parks and Recreation Department), Mayor Stephen J. Luecke, City Clerk John Voorde, Jim.Frick (South Gateway Association),Terry Bland(South Bend Tribune),and Aladean M.DeRose substituting for Kathleen Cekanski-Farrand, Council Attorney. A full quorum of the Committee existed in that all members were present,namely Council Members Dieter, Varner,Kelly, and Puzzello. A. Bill.No. 16-04 - Amendment of South. Bend,Municipal Code to Increase Insurance Requirements for an Arborist License Parks and Recreation Fiscal Officer,Bill Carleton,made the presentation to the Committee regarding this Bill. He stated that the current public liability insurance limits for an arborist are $25,000 per person,$50,000 per accident and$5,000 for property damage,none of which have kept pace with inflation or with the usual and customary liability rates for similar activity. The amended ordinance will increase an arborist's insurance rates to$100,000 for property damage;$300,000 for bodily injury including death; and $1,000,000 maximum per occurrence. This is consistent with insurance policy limits for similar risks. Committee Chair Dieter asked about the customary insurance rates for such coverage and whether it would be cost prohibitive for many applicants. Mr.Carleton stated that most applicants (95%)carried policy limits equal to the new proposed rates and that one accident could result in a $1,000,000 loss. A discussion ensued as to whether the City itself would be exposed to claims if the arborist insurance was insufficient. Aladean DeRose stated that the City could well be exposed to liability claims if injury was caused by an arborist selected by the City, i.e. if a tree or limb being trimmed struck an individual. Board Member Varner suggested that the ordinance be amended to include a duty by the arborist to notify the Controller in the event the arborist's insurance provider changed or if the arborist's policy limits changed during the period of license. Council Member Varner stated that it would be unfortunate for an arborist to be licensed and have insurance coverage at the time the license is issued,but for that coverage to be dropped or altered later during the year of licensing. Because the new ordinance shall not take effect until December 31,2004,it was moved and seconded that Bill No. 16-04 be amended per Council Member Varner's suggestion and that it be heard at the Council's meeting on April 12, 2004. The Committee voted unanimously to approve this motion.