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