Be It Remembered That the Common Council of the City of Plymouth, Indiana, Met in Regular

REGULAR SESSION, COMMON COUNCIL, OCTOBER 27, 2008

Be it Remembered that the Common Council of the City of Plymouth, Indiana, met in regular session on October 27, 2008, immediately following the scheduled meeting of the Board of Public Works and Safety. The meeting was held in the Council Chambers of the City Building, 124 N. Michigan Street, Plymouth, Indiana. The meeting was called to order at 6:30 p.m.

Mayor Senter led the Pledge of Allegiance. Councilman Delp offered prayer.

Senter presided for Council Members Delp, Ripley, Gardner, Smith and Neidig. City Attorney Chipman, City Engineer Gaul and Clerk-Treasurer Hutchings were also present.

Councilmen Ripley and Delp moved and seconded to approve the minutes of the last regular meeting on October 13, 2008, since they have been read and found to be correct. The motion carried.

The following sealed bids were opened and read aloud:

Borden Waste-Away Service Inc., PO Box 1812, Elkhart, IN 46515-1218

Bid - Basic refuse and recycling service at $15.21/dwelling unit/month for ten years, second cart at $7.00/dwelling unit/month

Refuse collection to be serviced with completely enclosed side load, fully-automated type bodies. Toter carts provided by Contractor. It is assumed residents will be required to place toter carts on the curb.

Alternate A - Basic refuse and recycling service at $15.21/dwelling unit/month for ten years, second cart at $7.00/dwelling unit/month

Refuse collection to be serviced with front or side load, semi-automated type bodies. Toter carts provided by Contractor. It is assumed residents will be required to place toter carts on the curb.

Alternate B – Basic refuse and recycling service $16.32/dwelling unit/month for three years

Refuse collection to be serviced in the manner it currently is collected without providing toter carts as specified above; residents would supply their own trash carts and receptacles as they currently do. Currently most people put their trash in their alley for pick-up.

Alternate C – Alternate refuse and recycling service $11.95/dwelling unit/month for ten years, second cart at $7.00/dwelling unit/month

·  Refuse collection to be serviced with fully automated collection vehicles.

·  96 Gallon trash carts provided by Contractor

·  Weekly cart based trash service – carts must be placed at the curb.

·  Extra bags of trash fee of $1.50 per bag, using bag tags or direct pay.

·  Every other week 96 Gallon cart based, fully automated, single stream recycling service – carts must be placed at the curb.

·  96 Gallon Recycling carts provided by Contractor.

·  2 large items per household per month, picked up one day each month, on a mutually agreed upon day (i.e. 1st Wednesday or 3rd Saturday each month)

·  Requested delay in start date to April 1. We will work with the city to ensure a smooth transition.

·  Reduction in Performance Bond requested to be negotiated to a lower amount, preferably in the amount of $100,000 plus all trash and recycling carts pledged as assets in lieu of performance bond (estimated value of $330,000). This item is negotiable.

Waste Management of Indiana, LLC, 124 Twin Bridges Road, PO Box 9, Danville, IN 46122

Bid - Basic refuse and recycling service at $15.60/dwelling unit/month for two years Refuse collection to be serviced with completely enclosed side load, fully-automated type bodies. Toter carts provided by Contractor. It is assumed residents will be required to place toter carts on the curb.

Year 1 & 2 (Weekly Trash & Recycling)

Monthly rate per unit

$15.60

Year 3 (Weekly Trash & Recycling)

Monthly rate per unit

$16.38

Year 4 (Weekly Trash & Recycling)

Monthly rate per unit

$17.20

Year 5 (Weekly Trash & Recycling)

Monthly rate per unit

$18.06

Alternate Bid

Year 1 & 2 (Weekly Trash & Every Other Week Recycling)

Monthly rate per unit

$13.30

Year 3 (Weekly Trash & Every Other Week Recycling)

Monthly rate per unit

$13.97

Year 4 (Weekly Trash & Every Other Week Recycling)

Monthly rate per unit

$14.67

Year 5 (Weekly Trash & Every Other Week Recycling)

Monthly rate per unit

$15.40

·  All city owned facilities and parks will be provided containers for Refuse and Recycling at no charge as listed in the specifications.

·  Waste Management will participate in public awareness programs as outlined.

·  A $35.00 charge per appliance will be applied to remove freon.

Allied Waste of Central Indiana, (Key Waste Services), PO Box 308, Culver, IN 46511

Bid - Basic refuse and recycling service at $13.50/dwelling unit/month for seven years, second cart at $7.00/dwelling unit/month

Refuse collection to be serviced with completely enclosed side load, fully-automated type bodies. Toter carts provided by Contractor. It is assumed residents will be required to place toter carts on the curb.

Alternate A - Basic refuse and recycling service at $13.50/dwelling unit/month for seven years, second cart at $7.00/dwelling unit/month

Refuse collection to be serviced with front or side load, semi-automated type bodies. Toter carts provided by Contractor. It is assumed residents will be required to place toter carts on the curb.

Alternate B – Basic refuse and recycling service $11.75/dwelling unit/month for seven years

Refuse collection to be serviced in the manner it currently is collected without providing toter carts as specified above; residents would supply their own trash carts and receptacles as they currently do. Currently most people put their trash in their alley for pick-up.

Councilmen Gardner and Ripley moved and seconded to take the bids under advisement. The motion carried.

Wilson Gerrard spoke in favor of raising the rates in order for the city to continue providing the service.

Councilman Ripley noted that he will not be at the November 10th meetings.

Chipman referred to Ordinance #2008-1973-R, An Ordinance Amending Ordinance No. 1411 and 1422: An Ordinance Regulating the Construction, Alteration, Repair, Location and Use of Buildings and Structures in the City of Plymouth, Indiana; Providing for the Issuance of Permits Incorporating by Reference Building Rules, Codes and Standards Required by State Law; also known as: The Building Code of the City of Plymouth, Indiana and Its Two-Mile Jurisdictional Area. He said that he had intended on combining the documents into one revised ordinance, but he was unable to complete that.

Councilmen Ripley and Gardner moved and seconded to table the ordinance. The motion carried. The vote to table the matter passed by roll call vote.

AYES: Delp, Ripley, Gardner, Smith and Neidig

NAYS: None

Chipman presented Ordinance No. 2008-1974, An Ordinance to Amend the Rates for the Plymouth Community Ambulance Service, on second and third readings.

Councilmen Smith and Gardner moved and seconded to pass Ordinance No. 2008-1974 on second reading. It passed by roll call vote.

AYES: Delp, Gardner, Smith and Neidig

NAYS: Ripley

Councilmen Delp and Smith moved and seconded to pass Ordinance No. 2008-1974 on third reading. It passed by roll call vote.

AYES: Delp, Gardner, Smith and Neidig

NAYS: Ripley

Chipman presented Ordinance No. 2008-1975, An Ordinance Requiring the Installation of Smoke Detectors in all Dwelling Units Within the City of Plymouth, for second and third readings. Chipman noted that he would like to research this matter further and asked the council to table the ordinance.

Councilman Delp asked that a copy of the form be provided to the councilmen.

Fire Chief Metsker noted that anyone in the City of Plymouth or Center/West Townships who needs a smoke detector can pick one up at the fire department.

Councilmen Gardner and Neidig moved and seconded to table Ordinance No. 2008-1975. The motion passed by roll call vote.

AYES: Delp, Ripley, Gardner, Smith and Neidig

NAYS: None

Chipman noted that Ordinance No. 2008-1964, An Ordinance Authorizing the Final Plat of VanVactor Farms, Inc., PUD Phase VII and Ordinance No. 2008-1965, An Ordinance Authorizing the Final Plat of VanVactor Farms, Inc., PUD Phase VIII remain tabled.

Chipman presented Resolution #2008-356, A Resolution of the City of Plymouth Declaring Certain Real Estate to be Within an “Economic Revitalization Area” Pursuant to I.C. 6-1.1-12.1 et seq. for VanVactor Farms, Inc. and Aearo Company.

Plymouth Economic Development Corporation Executive Director Doug Anspach reviewed the following information with the council:

Plymouth Economic Development Corporation

120 North Michigan Street

Plymouth, IN 46563

October 22, 2008

Toni Hutchings

Clerk Treasurer

City of Plymouth

Dear Toni,

Attached you will find a properly completed City of Plymouth application for Tax Abatement, SB-1/PP, SB-1RE and Letter of Agreement for Aero Company 1 (dba Aearo Technologies), a 3M Company. The company plans to expand their current Plymouth operation, including the construction of a new building and the installation of new manufacturing equipment.

Project Summary:

New Real Property Investment $2,421,000

New Personal Property Investment $ 880,000

Total New Investment $3,301,000

Current Jobs Retained 91

New Jobs Created 42

Current Retained Payroll $2,694,190

New Payroll from Project $1,254,115

Average Wage per Job $ 29,606

Recommendation:

Aearo, several months ago, decided to consolidate certain operations from two existing facilities into one larger facility. The consolidation would result in the closing of a plant in either Oklahoma or Plymouth. As a result of working with Aearo, IEDC, and others, Aearo announced yesterday that the Plymouth location was chosen resulting in the retention of the 91 current Aearo employees here. In addition, the company will hire at least 42 new employees here beginning in 2009.

The Plymouth plant has operated here for several decades and the company has been an excellent corporate citizen. The economic impact of the project should generate about 16 million dollars in economic activity.

This is an important project for our local economy and could have resulted in significant job and wage losses given the “winner take all” consolidation plans. Our guidelines indicate an abatement of six (6) years on real property and five (5) years on personal property, however, I recommend granting an abatement of 10 years on both real and personal property.

S/ Douglas C. Anspach

Executive Director

Anspach referred to the following Letter of Agreement:

Letter of Agreement

To: Mayor and Common Council of the City of Plymouth, Indiana

c/o: Plymouth Clerk/Treasurer

P.O. Box 492

Plymouth, IN 46563

From: Aearo Company 1 (dba Aearo Technologies, a 3M Company)

5457 West 79th St.

Indianapolis, IN 46268

317-692-6784

Dear Mayor and Council Members:

It is hereby represented that Aearo Technologies has on the 21st day of October, 2008 filed with the City of Plymouth its application for Tax Abatement on the City’s form accompanied by a properly completed Statement of Benefits, State Form SB-1.

It is further represented that said applicant has been provided with a copy of Resolution No. 2002-83 of the Common Council of the City of Plymouth; has reviewed said resolution and fully understands its terms, including without limitation the section on “Revocation of Tax Abatement by City Council,” and agrees to be bound by said terms, if the Common Council of the City of Plymouth grants its application for Tax Abatement, in consideration thereof and in further consideration thereof, said applicant specifically agrees to at all times fully cooperate with all reasonable requests from any of the City’s emergency or emergency-related services or departments.

It is further represented that if the applicant is a corporation, Limited Liability Company or other business organization, the undersigned has full authority to bind the applicant to the terms set forth hereinabove and in said resolution.

I hereby affirm under pains and penalties for perjury that the above and foregoing representations are true.

Dated this 21st day of October, 2008.

Aearo Company 1 (dba Aearo Technologies, a 3M Company)

S/ Mike Vale, Vice President and General Manager

Councilmen Smith and Gardner moved and seconded to adopt Resolution #2008-356. The motion carried.

Senter offered the privilege of the floor to the audience.

Wilson Gerrard voiced displeasure with the company that had trimmed a tree on his property.

Roy Roush addressed the council regarding the lack of sidewalks in certain areas of town. He requested that the city install sidewalks on one side of the street out to his house.

Councilmen Delp and Neidig moved and seconded to accept the following communications: Minutes of the Water Works Board of Trustees of October 13, 2008; Minutes of the Sanitary Board of Trustees of October 13; the Minutes of the Board of Public Works & Safety of October 13, 2008, Minutes of the Plymouth Redevelopment Commission of September 16, 2008, Minutes of the Marshall County Council on Aging of September 2008, Minutes of the Board of Zoning Appeals of October 7, 2008 and the Clerk-Treasurer’s Financial Statements for September 2008. The motion carried.

There being no further business to discuss, Councilmen Smith and Delp moved and seconded to adjourn the meeting. The motion carried and the meeting was declared adjourned at 7:40 p.m.

S/Toni L. Hutchings, IAMC/CMC/CPFA

Clerk-Treasurer

APPROVED

S/Mark Senter, Mayor