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HomeMy WebLinkAbout04-17-1995COUNCIL PROCEEDINGS OF THE COMMON cOUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA APRIL 17, 1995 The Common Council of the City of regular session in the Multi-Purpose Meeting Room Building, Jeffersonvitle~ April 1995. The meeting was Indiana~ at 7:30 Jeffereonville met in in the City-County on the 17th day of called to order by Mayor Jr., with Clerk and Treasurer C. Richard Spencer Mayor Parker welcomed all in attendances asking all stand as Councilperson Steven Stemler asked all those present to ~oin him in flag. Bill Wilder, Potter. Raymond J. Parker Jr~ at the desk. those present to gave the invocation. He then the pledge of allegiance to the The roll was called and those present were Councilpersons Wolpert~ Andrew Williams II1s Donna M. Frantz~ Peggy Knight Barbara Wilson, Steven R. Stemler, and Robert L. Absent: None, Mayor Parker presented the minutes of the meeting of April 3~ 1995~ for consideration by the Council. Councilperson Potter made the motion to approve the minutes as presented~ seconded by Counoilperson Wolpert and carried unanimously. Clerk and Treasurer Spencer presented the claim iiet with two additional claims for consideration by the Council~ Following all discussion, Councilperson Potter made the motion to approve the claims and the additional as presented, seconded by Councilperson Wolpert and carried unanimously. Mr. Bob Lanum~ Attorney Kentucky~ Inc.~ and Maurice Smith~ representing Heritage Hardwoods Of presented and explained Resolution No. 95-R-8~ Resolution Approving Statement Of Benefits For' Purposes Of Property Tax Abatement (Heritage Hardwoods of Kentuckys Inc.), and Resolution No. 95-R-9~ Resolution Approving Statement Of Benefits For Purposes Of Property Tax Abatement (Maurice Smith). Following all explanations and discussions Councilperson Potter made the motion to 95-R-8~ seconded by Councilperson Williams and Councilperson Potter then made the motion to 95-R-9~ seconded by Counci!person Williams and pass Resolution No. carried unanimously. pass Resolution No. carried unanimously. PAGE 2 APRIL 17~ I995 has donated match this amount. will take place Councilperson Stemler there is concern for Mayor Parker introduced Ms~ Jacqueline James, PNC Bank, Ms. Pat Jewel~ Executive Director of Council for Aging, and Ms. Lisa Thompson of New Directions, who explained they are working toward and in support of a Repair Affair. This program will provide needed repairs to the homes of elderly and disabled. The City of New Albany and they are asking the City of Jeffersonville to This is a one-time request 'for now. The event June ~L~, 1995, and wiii involve volunteers. commends the group for stepping forward~ however what is government responsibility as there is not a "lot of fluff" in the budget. He is supportive of the concept but not prepared to make a decision tonight. The enthusiam is there from the volunteers and resources are being looked for. Referrals are taken from any area and assessed. The Council agreed to take action at the next meeting. Attorney Gillenwater explained Ordinance Regulating Maximum Speed Limits City Of Jeffersonville, Indiana. This Engineer Miller, and endorsed by the Board Attorney Gillenwater read Ordinance No. 95-0R-9~ An On Certain Streets In The has been recommended by of Public Works and Safety. the streets involved. Councilperson Frantz made the motion to suspend the rules for seconded by Councilperson Williams and Councilperson Frantz then made the motion 95-0R-9 passing Ayes: Wiison~ Stemler Nays: Clerk on all three readings, seconded by on the following roll call vote: Councilpersons Wolpert, and Potter. None. and Treasurer Spencer Ordinance No. 95-0R-9, carried unanimously. to pass Ordinance No. Councilperson Williams, Williams~ Frantz, Wilder, explained Resolution No. 95-R-10~ A Resolution To Advertise For An Additional Appropriation (General Fund and Motor Vehicle). If fully approved the $150,000 would be transferred from the Cumulative Capital Improvement Fund to the General Fund. Discussion followed regarding the funds available through the Local Roads and Streets Fund and the Motor Vehicle Fund as PAGE 3 APRIL 17~ 1995 well as obligations for road projects. City Services Director Les Kavanaugh reviewed what took place at the recent KIPDA meeting. At the conclusion of all discussion Councitperson Stemler made the motion to pass Resolution No. 95-R-10, seconded by Councilperson Wilson and carried unanimously. City Court Judge Roger Lindsey explained the need for a part-time secretary in the Probation department. The funds involved in this request are from user fees and not from tax money. Clerk and Treasurer Spencer explained the process necessary~ Following all discussion, Councilperson Potter made the motion to suspend the rules for Ordinance No. 95-0R-10~ An Ordinance Amending Certain Portions Of Section 1 Of Ordinance No. 94-0R-24 (Probation User Fund)~ seconded by Councilperson Stemler and carried unanimously. Councilperson Potter then made the motion to three readings, seconded by following roil call Ayes: Wilson~ Stemler, Nays: pass Ordinance No. 95-0R-10~ on all Councilperson Wolpert~ passing on the vote: Councilpersons Wolpert~ Williams~ Frantz~ Wilder~ and Potter. None. Councilperson Stemler then made the motion to suspend the rules for Ordinance No. 95-0R-iI~ An Ordinance Of Additional Appropriation <Probation User Fund)~ seconded by Councilperson Williams~ passing on the following roll call vote: Ayes: Councilpereons Stamler~ and Potter. Nays: None. Council President Wilder Wolpert~ Williams, Frantz, Wilder~ Wilson, stated she has made inquiries into that have been provided. this is working or if it This would allow would be better agreement to two to four the records the Council to decide if to go back to the insured in the best possible way. She would like to have Council sign a contract for an external audit within the next weeks. This would provide outside help in looking over the City's self-funded insurance plan which is funded at approximately one half million dollars. Council President Wilder feels th~s plan should have an external audit to find out if the best possible benefits are being received and to make sure the money is being spent PAGE 4 APRIL 17, 1995 policy that was had before. This is a matter of upkeep and maintenance. Sine feels this is a one half million dollar fund that is unaccounted for as far as the Council is concerned. Council President Wilder asked Council Attorney Hill if a formal Resolution is necessary. Attorney Hill said this depends on what the Council desires. He recommends a Council committee be established to develop a concept of an audit so that perimeters of an audit may be It is suggested that Councilpereon Stemler chair this Councilperson Wolpert serving on the committee. The committee with results of this committee could approval. Attorney Gillenwater, been very helpful in getting Council does need to develop a be brought back to the Council for and Clerk and Treasurer Spencer have information to Attorney Hill. The familiarity with this one half million dollar fund~ some of part of a as ultimately they are responsible. Attorney Hill has the best people in the field available to assist with this Mayor Parker stated there is a grave misconception on the lot of the employees as to what the Council wants as far as documents from Humana. The concern is for confidentiality. Attoney Hill stated this ehould not be a concern as this is not the desire. Mayor Parker then asked what more is needed that has not been provided. Attorney Hill feels the insurance situation ie very complicated, the need is to know what the contract is with Humana, what is being paid per person per month, whether or not this can be compared with other cities~ what the discounts are~ and so on. Attorney Hill is not qualified to review the documents. He and the Council are sensitive and there is no need for any employee to worry about anyone reviewing the claims relating to them with their name. The auditors would look at this information and bind themselves to confidentiality through any contract that may be executed. Attorney Hill has never received a request from name connected to a specific claim. example if anyone would like to see it. date of service and the amount for the month. It diagnosis or treatment. Mayor Parker received a written to Humana by the Council, signed by the any Council member to see any Councilperson Frantz has an The information includes the does not contain a copy of a letter Council President~ PAGE 5 APRIL 17~ 1995 making an inference that the City would file documents were not received~ Mayor Parker has that things are done properly and if there is this not brought to the Board of Public Works a lawsuit if certain always been concerned an impropriety why was and Safety that issued the contract. He would have been more than happy to suggest a neutral consultant to come in if there were any impropriety or any suggestions of impropriety. Mayor Parker then read aloud a letter from Ms~ Trish White, Administrative Assistant in charge of health insurance for the Town of Clarksville. This letter stated it had not been found that Mr. Cooper was overcharging the Town of Clarksville. Mr. Cooper had agreed to lower his commission by one percent for a three year no cut contcact~ Clarksville has conducted two employee surveys of benefits and services and Mr. Cooper and his agency received excellent marks. As Chief Executive of the City~ Mayor Parker would like for someone on the Council to be polite enough, and ethical enough~ to let him know if there are any indications or suggestions of impropriety. Mayor Parker feels that all documents requested have been provided. Attorney Hill stated he is not aware of any member of the Council making any allegations of impropriety. He does agree the Council has an obligation to review the expenditures of such large sums of money. He again thanked Attorney Gillenwater for working with him. He is concerned there has been some difficulity in communicating to get the records. He does believe there now is clarity. Attorney Gillenwater has obtained ali the information that was epoken about at the meeting in Clerk and Treasurer Spencer's Office. This does not contain diagnosis. He notified Attorney Hill they were available laet week. Mayor Parker asked if the Council is trying to determine if the Council was receiving the best possibl for the money. Attorney Hill believes this is so. Mayor Parker explained this is done by contract through the Board of Public Works and Safety. Mr. Cooper has been the Agent of Record under his administration and under the administration of Mayor Orem. It was Mayor Parker~s opinion to allow Mr. Cooper one year to prove himself successful and he has proven to be very beneficial. Councilperson Frantz asked if Attorney Gillenwater has a copy of the contract with Mr. Cooper. Attorney Giltenwter stated Mr. Cooper has been named by the Board of Public Works and Safety as Agent PAGE 6 APRIL l?~ 1995 of Record. Councilperson Frantz then asked Attorney he, or the Mayor, have a copy of the employees on the Attorney Gillenwater has records in his office benefits. He has not gone over the records. asked if Attorney Gillenwater has or has seen a Attorney Gillenwater available to all copy stated he saw one when he signed who want one. Council President Gillenwater if insurance plan. of ali who received Counci!person Frantz of the policy. up. These are Wilder asked Attorney Hill if he had received a copy of the policies that were requested~ These are in Attorney Gillenwater~s office~ Clerk Suzy Nevitt explained all should have their own copy of their policy. She will contact Humana and have copies sent to the office. She will then disburse them to all employees. She has received no requeets. Attorney Hill stated this is law that each employee receive a copy and this should be done as each employee is added to the policy~ This is a legal obligation. Councilperson Potter asked if Mayor Parker had a copy of the letter sent 'to Humana. Council President Wilder stated she sent the letter on behalf of herself for public information. She has been unable to get information. She was told by Mr. Cooper he would drop off policies to Mr. Hill last Wednesday and as of today Mr. Hill did not have copies. Council President Wilder was informed by Ms Vickie Greg of Humana has been very helpful and said she would provide the information tomorrow. Mayor Parker stated he received a call from Humana today asking where to provide the information. He asked that it be provided to the City Attorney~ and this is in his possession. Mayor Parker represents the City too and if a lawsuit is initiated he would like to see total Council approval in the form of a to work together. He does feel the documents motion~ All need requested have been Humana. Mr. Stroud this afternoon are provided. is here to sufficient. He then introduced Mr. Kent Stroud of be assured that the documents provided Mr. Stroud would like to know who he should provided documents to if requested. Mayor Parker asked these be provided to the City Attorney. Council President Wilder asked that the Council Attorney receive them as well. Attorney Gillenwater and Attorney Hill have had no problems sharing information. Council President Wilder asked if this could be expected tomorrow. Attorney PAGE ? APRIL 17, ]995 Gillenwater had the information last week and Attorney Hill knew it last week. Mr. Stroud explained claims data is personal and confidential and if the Mayor approves distribution, Humana does not have a problem with providing it. Humana does not want any type of lawsuit and does want to keep the City business. Councilperson Frantz has a copy of the County's claim experience and it is public record and the County Commissioners do look at this when they look at the insurance. She does not understand how claim experience is confidential. Mr. Stroud is only trying to protect the employees. Attorney Hill explained Attorney Gillenwater has the information but this still does not get the Council where it needs to go in terms of total revie~ of the insurance situation. There is no question in Attorney Hill's mind that the Council has an absolute right to any and all information regarding the claims~ and the insurance contract with Humana. Humana would be hard pressed not to provide this information to the Council who is, in essence, the City. He does not feel there has ever been a question between Attorney Gillenwater and Attorney Hill as to if the Council can see it~ there hae been a concern by Attorney Gillenwater~ Mayor Parker~ and all involved that the confidentiality of the employees could be breached. Mayor Parker believes all want the same end result. There iea need to work together on this~ He would have been the first in line to say let's hire an independent auditor or consultant if he had had a request indicating an impropriety. Mayor Parker did not even get a copy of these letters until an employee brought them to him. He thought all were working together but it does not appear so. Council President Wilder asked if a motion was in order. Attorney Hill suggests a committee be set up two weeks. Firefighter Rick VanGilder asked for clarification of what the Council Council has information. to bring back recommendations to the Council in has the right to receive. Attorney Hill believes the 'the right to receivedd information~ but not specific Firefighter VanGilder stated no one has the right to his He has to give permission to another and the same the Council has a need to medical history without his authorization. to have his records passed from one doctor should apply here~ Attorney Hill explained know type of treatment so they can determine if it is a good deal. It PAGE 8 APRIL 17~ 1995 is not important to know names but to look at the claim and know the treatment. There is a need also to check names to make sure they are City employees. Attorney Hill assured Firefighter VanGilder that independent auditors will not release confidential information or "you will own the Humana building". He does have a right to privacy. Council President Wilder does not want any private or personal information. This is one of the problems with self-funded as these things are paid by tax dollars and all of a sudden private information is not so private anymore. Council Preident Wilder will with contain that infermation. Firefighter VanGilder will No Council wants this information and not look at claims that are available She does not want that responsibility. speak with Mr. Stroud. Mr. Stroud explained there is a need to look at the claims dollar on a procedure for an audit. He is more than happy to help with this. He will cooperate with whoever the Mayor appoints to do the audit. Firefighter VanGilder asked if there had been complaints received from any employees. Council President Wilder explained this is a self-funded plan and it is up to the Council to monitor the budget and the money that is spent. This is what she wants to have done. Ms. Mary Goode asked who pays for the insurance. The City and the employee pay for the insurance. Ms. Goode finds it hard to believe employees are paying for a policy they do not have a copy of. She wants to know whose responsibility this is. Mayor Parker reviewed the insurance committee, explaining the information is available. Clerk Nevitt explained all employees received a packet of information in April of 1991~ and policies were given to all employees.. This policy has not been changed. She has copies in the office if any employees have lost theirs. Councilperson Frantz explained she could find nothing on RK surgery, Clerk Nevitt explained the RK surgery hae nothing to do mith Humana. Councilperson Frantz inquired if payments are made from the self-insurance fund for RK surgery. Clerk Nevitt further explained this is an agreement entered into by the Board of Public Works and Safety to pay a portion of police and fire safety officials RK surgery. The contract gives all employees Employees other a discount. than safety officials have to pay $800 an eye. Mr. PAGE 9 APRIL 17, 1995 Stroud explained every certificates are issued. There have been benefits added since the policy began and rich plan. Mr. Stroud said Humana what the City has. The employees has to offer. This is what Mayor desires. year the contract is reviewed and new He will make sure certificates are provided. it iea very does not offer a better are getting the best Parker policy than thing Humana Council President Wilder made the motion Councilperson Stemler as Chairman and Councilperson Wolpert Vice President. Councilperson Stemler would accept thio committee information~ correspondence~ reports~ ets through the Council Attorney to the Council President. that the media honor this. Councilperoon Stemler to appoint an insurance committee with as First if all be directed He would ask pledges his diligence in handling this process as professional as possible. He is not interested in anyone's personal life. He does look for a very positive result. Councilperson Wolpert will help Councilperson Stemler as best as he can. Councilperson Wilson seconded carried unanimously. Council President Wilder passed out He does believe 'this is a good policy. Council President Wilder's motion~ which information regarding Department of Redevelopment activities. She reviewed the municipal bridge renovation project saying a contract to remove the asbestos has been awarded. Renovation bids will be opened April 20, 1995. She also reviewed an Ohio Greenway meeting. The overlook renovation is scheduled to be completed by April 15~ 1995. Mayor Parker explained the Thunder Over Louisville sheduled for April ~ 1995 will be a hardship on Jeffersonville and Clarksville with an excess of 50~000 people~ He hopes all will bear with us. He does recommend watching it on television. Councilperson Wilder reviewed a letter renaming of Red Carpet Park on 8th Department has no problem with this. this. regarding the Street to Gaither Park. The Parks The Council has no objection to Councilperson Williams explained there are those who dare to be different and he has only 8 hours ,and 55 minutes to file his income tax. Thoughts would be appreciated. PAGE 10 APRIL l?~ 1995 Councilperson Frantz asks for research on the Animal Shelter Spay/Neuter Program. There are still many claims from Louisville. As she reads the Ordinance the Shelter Director will decide, and get quotes on the Veterinarian to administer the program. She asks Attorney Gillenwater to look into this, Council President Wilder introduced and read aloud Ordinance No. 95-0R-12~ An Ordinance Amending Jeffersonville City Ordinance 78-0R-43~ Establishing That Animals Shall Be Kept A Certain Amount Of Time. Following discussion Council President Wilder made the motion to pass Ordinance No. 95-0R-1~ on the first reading only~ seconded by Councilperson Wolpert and carried unanimously- Council President Wilder noted an appointment to the Animal Shelter Advisory Board is necessary. Mayor Parker has not received any official recommendations to the Board. Councilpersons Wolpert and Potter recommend Dr. Howard. The Council has agreed upon a recommendation. Councilperson Wilson will confer with this person and bring the recommendation to the next meeting. The Council will met for a workshop Thursday, May 117 1995 at 5:30 P.M. in the Mayor's Conference Room. May 107 1995 is the tentative date for the next Business Government Exchange. Ms. Diane Swank asked the Council if it was the the Council~ when the Ethics Ordinance was passed~ that person that filed happens to be Ms. attacked and would intent of the first a complaint with the Ethics Commission, which Swank, would that person have their employer that person be in ~eopardy of their job. Several answered no. Councilperson Stemler looks at it as an individual case and as a body sees no correlation with the charges with individuals. His answer would be no. This body has no involvement with individual charges. Mr. Clarence Keys asked how much each study for the innercity road Cost. Mayor Parker explained the original study under the previous administration was $42~000 which was paid for by the Fedeal Government~ which must be paid back if the pro~ect does not take place. No other studies have been paid for~ Mi-. Keys has run speedometer checks on routes. He asks "how stupid can we get". Holmans Lane is no innercity road, Traffic is so heavy all traffic PAGE ll APRIL 19, 1995 cannot get else to do Ms. microphone for explained this. through the light~ the checking. Nolan suggests the speaker's He feels there is a need for someone the County some of the tax dollars be spent for a table. County Councilperson Dennis Simon Council is working with the Commiesioners on Councilperson Potter moved to adjourn at 9:20 o'clock P.M. There being no further business to come before the Council~ seconded by Councilperson Wolpert and unanimously carried. M~P~OR RP~¢MOND J. PARKER JR. ATTES~T-~ ~~C. ~ CLERK AND TREASU