REGULAR SESSION, COMMON COUNCIL, JUNE 23, 2008

Be it Remembered that the Common Council of the City of Plymouth, Indiana, met in regular session on June 23, 2008, immediately following the scheduled meeting of the Board of Public Works and Safety. The meeting was held in the Council Chambers of the CityBuilding, 124 N. Michigan Street, Plymouth, Indiana. The meeting was called to order at 6:33 p.m.

Mayor Senter led the Pledge of Allegiance. Reverend Tom Padberg, of Hospice, 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 Gardner moved and seconded to approve the minutes of the last regular meeting on June 9, 2008, since they have been read and found to be correct. The motion carried.

Councilman Delp announced he and Don Wendel are meeting with someone from South Bend to brainstorm regarding the downtown decorative brick at 11:00 tomorrow.

City Attorney Chipman noted that Ordinance No. 2008-1963, An Ordinance to Annex Approximately Fifty Acres of Real Estate Located Immediately Adjacent to the Southwestern Corporate Boundary of the City of Plymouth, Indiana and Bordered by State Road 17 and Hillcrest Avenue, will be heard again at the August 25th meeting. He said that notice for the public hearing has been advertised and the certified mail regarding such has been sent to the affected landowners.

Chipman presented Ordinance No. 2008-1962, An Ordinance to Authorize Allowances to City Employees and Officials for Mileage and Meals, on second reading. Chipman said that administration received updated versions of that ordinance; one phrase, “more than one day requiring overnight accommodations” regarding meal allowance was added for clarification.

Councilmen Delp and Ripley moved and seconded to approve the change in language in Ordinance No. 2008-1962, An Ordinance to Authorize Allowances to City Employees and Officials for Mileage and Meals. The motion carried.

Councilmen Gardner and Smith moved and seconded to approve the revised edition of Ordinance No. 2008-1962, An Ordinance to Authorize Allowances to City Employees and Officials for Mileage and Meals, on second reading. It passed by roll call vote.

AYES:Delp, Ripley, Gardner, Smith and Neidig

NAYS:None

Councilmen Delp and Smith moved and seconded to pass Ordinance No. 2008-1962, An Ordinance to Authorize Allowances to City Employees and Officials for Mileage and Meals, on third reading. It 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 are still tabled and have been referred to the Board of Public Works and Safety for review.

Mayor Senter said that NIPSCO is undertaking a tree trimming project in Plymouth this summer. Due to recent complaints about the rigorous tree-trimming program, Senter invited representatives from NIPSCO to the meeting. Mike Carbonneau and Jason Liets, of NIPSCo, addressed the council regarding their current tree-trimming project that is taking place in Plymouth. He noted that 40% of power outages are caused by trees getting in lines or knocking down lines. Liets introduced Carol Schwaller from Arbormetric Solution, representing the consulting firm that NIPSCO contracted with to do the work, planning and landowner notification aspect of the program.

Liets said that they would replace approximately 30 or 40 city tree lawn trees, primarily putting them in the place where trees were removed. He said they would work with the street superintendent regarding preferred placement of the trees.

Liets said that if someone has a complaint about tree removal and was previously contacted by NIPSCO, they would have a tree agreement that includes the appropriate phone number and contact person. He said that if someone else has a complaint, they should call the general 1-800 NIPSCO number.

Liets said that the last tree trimming was done in Plymouth about seven or eight years ago. NIPSCO intends to change that to a four to five year program.

Wilson Gerrard said that he would like to see the city attorney make an iron-clad contract to protect healthy trees. He said that he had a healthy pine tree destroyed and next door a tree was trimmed to look like a telephone pole. He was told that the contract that he had with NIPSCO was not legal.

Mr. Liets took Gerrard’s name and address so he could look into the situation.

Senter presented a proclamation to 2007 Miss Indiana Nicole Rash in recognition of her year of representing the city.

City Attorney Chipman read the following letter:

Marshall County Builders Association

PO Box 464

Plymouth, IN 46563

June 3, 2008

Toni Hutchings

Clerk-Treasurer

City of Plymouth

124 N. Michigan St.

Plymouth, IN 46563

Dear Toni,

The Marshall County Builders Association voted at the May 13 Board of Directors meeting to contribute $300.00 toward the further education of the City of Plymouth Building Commissioner, Keith Hammonds.

We recognize the extent and expense necessary to acquire the certifications and training necessary to achieve the excellence the City of Plymouth requires of its Building Commissioner. We offer our monetary assistance and information to the City and to Keith to assist in this area.

Sincerely,

Marshall County Builders Assn.

S/ David R. VanVactor, President

Chipman noted that Ordinance No. 2003-1834 requires that the council has the responsibility to accept or reject the donation. He asked if the council wished to accept the donation.

Councilmen Smith and Ripley moved and seconded to accept the donation. The motion carried.

Hurshel Hunter presented Mayor Senter with a framed copy of a replica of a banner from the Plymouth F.O.P. Lodge 195. He said that the banners will be sent to Seth Hunter and Chad Martin.

Senter offered the privilege of the floor to the audience.

No one accepted.

Councilmen Ripley and Delp moved and seconded to accept the following communications: Minutes of the Water Works Board of Trustees of June 9, 2008; Minutes of the Sanitary Board of Trustees of June 9, 2008; Minutes of the Board of Public Works & Safety of June 9, 2008; and Minutes of the Plymouth Parks and Recreation Board of April 7, 2008. The motion carried.

Wilson Gerrard voiced concern regarding the future potential flooding of sewer lines in the former G & G Plaza area.

There being no further business to discuss, CouncilmenGardner and Smith moved and seconded to adjourn the meeting. The motion carried and the meeting was declared adjourned at 7:22 p.m.

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

Clerk-Treasurer

APPROVED

S/Mark Senter, Mayor