Published: November 19, 2009 11:26 pm      

New Albany City Council keeps its health insurance

All flooding tort claims denied by city insurance company

Health insurance will continue to be offered to New Albany City Council members and their families as the body rejected a measure to rescind the benefits Thursday.

The resolution failed by a count of 5-4. Council members Steve Price, Pat McLaughlin, Jeff Gahan and Dan Coffey voted to eliminate the insurance option.

There are three members receiving health insurance at a cost of approximately $40,000 a year to the city — Kevin Zurschmiede, Diane McCartin-Benedetti and Bob Caesar.

Each voted to keep city-funded health insurance available to the council. The option was approved by the same council last year.

Price authored the resolution to rescind the benefits, stating the council should cut its impact on the budget while city finances are hurting.

“I think sometimes we have to set an example,” he said. “I need that insurance just as much as anybody.”

Since it was a resolution, the measure only entailed one vote.



ALL TORT CLAIMS DENIED

Mayor Doug England confirmed all tort claims filed against New Albany stemming from the Aug. 4 flood have been denied by the city’s insurance provider.

Several residents submitted torts, blaming lack of maintenance and poor infrastructure for the flood damage they received to their property. Linda Drive resident Jason Hubler said he was informed by the insurance company the claims were denied because the flood was viewed as an “act of God”, and that the city could not be held liable unless it had prior knowledge of sewer and stormwater problems that exasperated the flooding impact.

But Hubler doesn’t buy the reasoning. He said residents have been complaining for two years about drainage issues.

“It’s shameful,” Hubler said of the situation.

City Attorney Shane Gibson is preparing a plan that will involve asking the council to allocate funds to help some of the flood victims, England said.

Details of that plan were not discussed.



RETROACTIVE BUILDING ORDINANCE DOESN'T PASS

A measure that would allow city officials to demand builders update drainage systems for developments completed between the passage of the ordinance and the completion of a stormwater masterplan to conform with new specifications was defeated on first reading Thursday.

The ordinance replaces a prior measure that called for a moratorium on building permits until the stormwater plan is finalized. The plan is expected to be finished in February.

Scott Thomas of Lynn Homes, LLC called the first ordinance illegal, and he feels the same about the new version. He said legal counsel advised him a retroactive law would set a precedence.

“As a builder/developer, we have our backs against the wall already,” Thomas said, referring to the struggling economy.

Councilman John Gonder authored the ordinance, and said he will review the language in it before the final two readings.



COUNCIL ATTORNEY STEPS DOWN

Stan Robison announced he will step down as council attorney effective Nov. 30.

Robison has served in the position for about 10 months. He filed a lawsuit against the administration regarding raises given to three employees against the council’s wishes that is set for a December hearing, and has also been involved with advising on language for ordinances and resolutions brought before the council.

Robison did not give a reason as to why he’s quitting, but said he would still represent the council against the administration next month free of charge.

A successor has yet to be named for Robison.