On a motion by Gregg Sprunger and a second by Ron Dull, the minutes of the February 10, 2014 meeting were unanimously approved.

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February 24, 2014 The Common Council met with Mayor William McKean for a regular meeting on Monday, February 24, 2014 at 7:30 p.m. in the Council Chambers at City Hall according to the posted notice. Councilmen Gregg Sprunger, Curtis Wurster, Mark Wynn, Ron Dull, and Philip Provost were present along with Attorney Dave Baumgartner and Clerk-Treasurer Gwen Maller. Councilman Ron Dull opened the meeting with the pledge of allegiance and Mayor McKean gave the invocation. Minutes On a motion by Gregg Sprunger and a second by Ron Dull, the minutes of the February 10, 2014 meeting were unanimously approved. Claims On a motion by Ron Dull and a second by Phil Provost, the claims were unanimously approved for payment. Mid-America Foundation Supply Declaratory Resolution 2014-2-1 Mr. Larry Macklin, Executive Director, Adams County Economic Development and Ms. Mary Habegger-Fox, president Mid-America Foundation Supply d/b/a Poseidon Barge, were present to announce to the Council that Mid-America Foundation Supply is planning on acquiring the vacant building formally owned by FICOSA at 725 East Parr Road. The estimated cost of acquiring the property and the planned upgrades is $3,637,795. They anticipate employing 42 employees with an annual payroll of $ 1,824,950.00. Many of the jobs will be skilled welding and fabricating jobs. Ron Dull made a motion to read Declaratory Resolution 2014-2-1 by short title. Gregg Sprunger made the second and the motion was unanimously passed. Mayor McKean read Resolution 2014-2-1 by short title. Curtis Wurster made a motion to approve Resolution 2014-2-1. Mark Wynn made the second and the motion was passed unanimously. The Resolution in its entirety is as follows: RESOLUTION 2014-2-1 SHORT TITLE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF BERNE (1) ESTABLISHING AN ECONOMIC REVITALIZATION AREA FOR TAX PARCEL 01-08-33-200-006.000-010, (2) WAIVING NONCOMPLIANCE, AND (3) GRANTING TAX ABATEMENT FOR REDEVELOPMENT PROPERTY WHEREAS, the Applicant, MID-AMERICA FOUNDATION SUPPLY, INC. D/B/A POSEIDON BARGE and MAFCO LEASING, LLC has prepared and filed a Designation and Deduction Application with the Common Council of City of Berne, the fiscal body of Berne, Indiana for a designation about whether the particular area, as more particularly described in Exhibit A, should be designated as an economic revitalization area, whether a deduction provided by I.C. 6-1.1-12.1-3 for property, meaning a building or structure should be approved and whether an alternative abatement schedule as provided by I.C. 6-1.1-12.1-17 should be approved and has submitted with its application a Statement of Benefits Form SB-1/RE; AND WHEREAS, the area s location is annexed in the City of Berne, Adams County, Indiana and which mailing address 725 E. Parr Road, Berne, IN 46711; AND WHEREAS, the Common Council of the City of Berne has considered the area described in Exhibit "A" attached hereto and made a part hereof as an area which has become undesirable for, or impossible of, normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors which have impaired or prevent a normal development of property or use of property, or an area where a facility or a group of facilities are technologically, economically, or energy obsolete are located and where the obsolescence may lead to a decline in employment and tax revenues, and

AND WHEREAS, the area described in Exhibit "A" attached hereto is within the City of Berne, Adams County, Indiana. AND WHEREAS, the applicant desires to obtain a deduction under Section 3 of I.C. 6-1.1-12.1. AND WHEREAS, whether an alternative abatement schedule as provided by I.C. 6-1.1-12.1-17 should be approved; AND WHEREAS, the Common Council may consider adopting a waiver pursuant to I.C. 6-1.1-12.1-11.3 waiving by resolution noncompliance with the following: 1. The failure to provide the completed statement of benefits form to the designating body before the hearing required by I.C. 6-1.1-12.1-2.5; 2. The failure to submit the completed statement of benefits form to the designating body before the installation of the new manufacturing equipment for which the person desires to claim a deduction; 3. The failure to designate an area as an Economic Revitalization Area before the installation of the new manufacturing equipment; 4. The failure to make the required findings of fact before designating an area as an economic revitalization area. 5. The failure to file a timely or complete deduction application under I.C.6-1.1-12.1-5 or I.C. 6-1.1-12.1-5.4. BE IT RESOLVED, that the Common Council of the City of Berne hereby: 1. Declares and makes the following findings after review of the Statement of Benefits Form SB-1/RE as submitted by the applicant: (a) The estimate of the cost of the redevelopment is reasonable for projects of that nature. (b) The estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment. (c) The estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described development. (d) Other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described development. (e) The totality of benefits is sufficient to justify the deductions. 2. Finds and declares the area legally described in Exhibit A attached hereto and made a part hereof is an Economic Revitalization Area as defined in I.C. 6-1.1-12.1-1(1) for the purpose of a deduction from the assessed value of property as defined in I.C. 6-1.1-12.1-1(4) pursuant to I.C. 6-1.1-12.1-3. 3. Hereby determines that the deduction provided in I.C. 6-1.1-12.1-3 for said area as an Economic Revitalization Area shall be for a period of Ten (10) years pursuant to I.C. 6-1.1-12.1-4. The deduction provided in I.C. 6-1.1-12.1-3 may be modified at the confirming resolution public hearing by the grant of an alternative abatement schedule pursuant to I.C. 6-1.1-12.1-17 in the event applicant qualifies for such alternative abatement schedule pursuant to City of Berne Tax Phase-In Policies. 4. That the Applicant, to obtain the deduction provided by I.C. 6-1.1-12.1-3, shall file certified deduction applications on forms prescribed by the State Board of Tax Commissioners with the Adams County Auditor in accordance with I.C. 6-1.1-12.1-5.

BE IT FURTHER RESOLVED, that the County Auditor is hereby authorized and directed to file a copy of this Resolution with the Adams County Assessor. BE IT FURTHER RESOLVED that the Common Council of the City of Berne hereby sets March 10, 2014, 8:00 P.M. as the date, and City Hall, 158 Franklin St., Berne, IN 46711, as the place where the Common Council will receive and hear all remonstrances and objections from interested persons on the adoption of said Resolution. BE IT FURTHER RESOLVED, that the Clerk-Treasurer of the City of Berne is hereby authorized and directed to publish a notice of the adoption and substance of this Resolution adopted here in accordance with I.C. 5-3-1. Said notice shall state that a description of the affected area is available and can be inspected in the County Assessor's office and the date of the hearing on remonstrances and objections. BE IT FURTHER RESOLVED that the notice shall further state that the City of Berne shall conduct a public hearing on the waivers of the following requirements pursuant to I.C. 6-1.1-12.1-11.3, to wit: the failure, if any, to provide the completed Statement of Benefits Form SB-1/RE to the designating body before the hearing required by I.C. 6-1.1-12.1-2.5; the failure, if any, to submit the completed Statement of Benefits Form SB-1/RE to the designating body before the initiation of the redevelopment for which the person desires to claim a deduction; the failure, if any, to designate an area as an Economic Revitalization Area before the initiation of the redevelopment; the failure, if any, to make the required findings of fact before designating an area as an economic revitalization area or authorizing a deduction under I.C. 6-1.1-12.1-3 or alternatively, under I.C. 6-1-1-12-1-17; the failure, if any, to make the required findings of fact before designating an area as an economic revitalization area; the failure, if any, to file a timely or complete deduction applications under I.C. 6-1.1-12.1-5 or I.C. 6-1.1-12.1-5.4. ADOPTED BY THE COMMON COUNCIL OF THE CITY OF BERNE, STATE OF INDIANA, on February 24, 2014. COMMON COUNCIL OF THE CITY OF BERNE Gregg A. Sprunger, President Curtis L. Wurster Ronald N. Dull Mark D. Wynn Philip E. Provost ATTEST: Gwen Maller, Clerk-Treasurer APPROVED: William F. McKean, Mayor EXHIBIT A CITY OF BERNE RESOLUTION 2014-2-1 LEGAL DESCRIPTION APPLICANT: MID-AMERICA FOUNDATION SUPPLY, INC. d/b/a POSEIDON BARGE OWNER: MAFCO LEASING, LLC ECONOMIC REVITALIZATION AREA TAX PARCEL 01-08-33-200-006.000-010 PARCEL I A PARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 33, TOWNSHIP 26 NORTH, RANGE 14 EAST OF THE SECOND PRINCIPAL MERIDIAN, ADAMS COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33; THENCE SOUTH 89 DEGREES 21 MINUTES 09 SECONDS WEST (ASSUMED BEARING BASE) ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 423.36 FEET; THENCE NORTH 1 DEGREE 23 MINUTES 32

SECONDS EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 1790.00 FEET; THENCE NORTH 89 DEGREES 21 MINUTES 09 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 420.67 FEET TO A ⅝ INCH DIAMETER IRON PIN WITH CAP STAMPED C&D FIRM NO. 0026 ON THE EAST LINE OF THE WEST ONE-HALF OF SAID NORTHEAST ONE-QUARTER; THENCE ALONG THE EAST LINE OF SAID WEST ONE- HALF, SOUTH 1 DEGREE 18 MINUTES 23 SECONDS WEST, A DISTANCE OF 1789.91 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 17.331 ACRES. PARCEL II A PARCEL OF LAND LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION THIRTY THREE (33), TOWNSHIP TWENTY SIX (26) NORTH, RANGE FOURTEEN (14) EAST, OF THE SECOND PRINCIPAL MERIDIAN, ADAMS COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33; THENCE NORTH 1 DEGREE 18 MINUTES 23 SECONDS EAST (ASSUMED BEARING BASE) ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 1000.58 FEET TO A ⅝ INCH DIAMETER IRON PIN WITH CAP STAMPED C & D FIRM NO. 0026; THENCE NORTH 89 DEGREES 21 MINUTES 09 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 200.12 FEET TO A ⅝ INCH DIAMETER IRON PIN WITH CAP STAMPED C & D FIRM NO. 0026; THENCE SOUTH 1 DEGREE 18 MINUTES 23 SECONDS WEST, PARALLEL WITH THE WEST LINE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 1000.58 FEET TO THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, THENCE ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 21 MINUTES 09 SECONDS WEST, A DISTANCE OF 200.12 FEET TO THE POINT OF BEGINNING; CONTAINING: 4.594 ACRE. Mid-America Foundation Supply Declaratory Resolution 2014-2-2 Mr. Macklin and Ms. Habegger-Fox also informed the Council that they are requesting a tax phase in for new personal property that consists of cranes, welding equipment, forklift, misc. tools, fixtures, build tables and a computer server. The estimated cost of all the equipment is $2,413,000.00. Curtis Wurster made a motion to read Resolution 2014-2-2 by short title. Attorney Baumgartner read Resolution 2014-2-2 by its short title. Phil Provost made a motion to approve Resolution 2014-2-2. Gregg Sprunger made the second and the motion was unanimously passed. Resolution 2014-2-2 in its entirety is as follows: RESOLUTION 2014-2-2 SHORT TITLE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF BERNE (1) ESTABLISHING AN ECONOMIC REVITALIZATION AREA FOR TAX PARCEL 01-08-33-200-006.000-010, (2) WAIVING NONCOMPLIANCE, AND (3) GRANTING TAX ABATEMENT FOR NEW MANUFACTURING, INFORMATION TECHNOLOGY, AND LOGISTICAL DISTRIBUTION EQUIPMENT WHEREAS, the Applicant, MID-AMERICA FOUNDATION SUPPLY, INC. d/b/a POSEIDON BARGE has prepared and filed a Designation and Deduction Application with the Common Council of City of Berne, the fiscal body of Berne, Indiana for a designation about whether the particular area, as more particularly described in Exhibit A, should be designated as an economic revitalization area, whether a deduction provided by I.C. 6-1.1-12.1-4.5 for new manufacturing, information technology, and logistical distribution equipment pursuant to the definition provided therefore by I.C.6-1.1-12.1-1(3) should be approved and whether an alternative abatement schedule as provided by I.C. 6-1.1-12.1-17 should be approved and has submitted with its application a Statement of Benefits Form SB-1/PP;

AND WHEREAS, the area s location is annexed in the City of Berne, Adams County, Indiana and which mailing address is 725 E. Parr Road, Berne, IN 46711; AND WHEREAS, the Common Council of the City of Berne has considered the area described in Exhibit "A" attached hereto and made a part hereof as an area which has become undesirable for, or impossible of, normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors which have impaired or prevent a normal development of property or use of property, or an area where a facility or a group of facilities are technologically, economically, or energy obsolete are located and where the obsolescence may lead to a decline in employment and tax revenues, and AND WHEREAS, the new manufacturing, information technology, and logistical distribution equipment investment at the Property and location of production operations of the Applicant at this location will result in an addition to the area s overall assessed value within an accelerated time period; the Project represents a superior use for the site; the Project is consistent with similar land uses on adjacent properties. AND WHEREAS, the area described in Exhibit "A" attached hereto is within the City of Berne, Adams County, Indiana. AND WHEREAS, the applicant desires to obtain a deduction under Section 4.5 of I.C. 6-1.1-12.1. AND WHEREAS, whether an alternative abatement schedule as provided by I.C. 6-1.1-12.1-17 should be approved; AND WHEREAS, the Common Council may consider adopting a waiver pursuant to I.C. 6-1.1-12.1-11.3 waiving by resolution noncompliance with the following: 1. The failure to provide the completed statement of benefits form to the designating body before the hearing required by I.C. 6-1.1-12.1-2.5; 2. The failure to submit the completed statement of benefits form to the designating body before the installation of the new manufacturing equipment for which the applicant desires to claim a deduction; 3. The failure to designate an area as an Economic Revitalization Area before the installation of the new manufacturing equipment; 4. The failure to make the required findings of fact before designating an area as an economic revitalization area. 5. The failure to file a timely or complete deduction application under I.C.6-1.1-12.1-5 or I.C. 6-1.1-12.1-5.4. BE IT RESOLVED, that the Common Council of the City of Berne hereby: 1. Declares and makes the following findings after review of the Statement of Benefits Form SB-1/PP as submitted by the applicant: (a) The estimate of the cost of the new manufacturing, information technology, and logistical distribution equipment is reasonable for equipment of that type. (b) The estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to

result from the installation of the new manufacturing, information technology, and logistical distribution equipment. (c) The estimate of the annual salaries of those individuals who will be employed can be reasonably expected to result from the proposed installation of the new manufacturing, information technology, and logistical distribution equipment. (d) Other benefits about which information was requested are benefits that can be reasonably expected to result from the installation of the new manufacturing, information technology, and logistical distribution equipment. (e) The totality of benefits is sufficient to justify the deduction. 2. Finds and declares the area legally described in Exhibit "A" attached hereto and made a part hereof is an Economic Revitalization Area as defined in I.C. 6-1.1-12.1-1(1) for the purpose of a deduction from the assessed value of new manufacturing, information technology, and logistical distribution equipment placed and located within the area pursuant to I.C. 6-1.1-12.1-4.5. 3. To the extent the Applicant may have acquired machinery prior to the final designation of the ERA, said activities will not result in any reduction to the benefits otherwise approved herein. 4. Hereby determines that the deduction provided in I.C. 6-1.1-12.1-4.5 for said area as an Economic Revitalization Area shall be for a period of Ten (10) years pursuant to I.C. 6-1.1-12.1-4.5(h). The deduction provided in I.C. 6-1.1-12.1-4.5 may be modified at the confirming resolution public hearing by the grant of an alternative abatement schedule pursuant to I.C. 6-1.1-12.1-17 in the event applicant qualifies for such alternative abatement schedule pursuant to City of Berne Tax Phase-In Policies. 5. That the Applicant, to obtain the deductions provided by I.C. 6-1.1-12.1-4.5 shall file certified deduction applications on forms prescribed by the State Board of Tax Commissioners with the Adams County Auditor in accordance with I.C. 6-1.1-12.1-5.4. BE IT FURTHER RESOLVED, that the County Auditor is hereby authorized and directed to file a copy of this Resolution with the Adams County Assessor. BE IT FURTHER RESOLVED, that the Common Council of the City of Berne hereby sets March 10, 2014, 8:15 P.M. as the date, and City Hall, 158 Franklin St., Berne, IN 46711, as the place where the Common Council will receive and hear all remonstrances and objections from interested persons on the adoption of said Resolution. BE IT FURTHER RESOLVED, that the Clerk-Treasurer of the City of Berne is hereby authorized and directed to publish a notice of the adoption and substance of this Resolution adopted here in accordance with I.C. 5-3-1. Said notice shall state that a description of the affected area is available and can be inspected in the County Assessor's office and the date of the hearing on remonstrances and objections. BE IT FURTHER RESOLVED that the notice shall further state that the City of Berne shall conduct a public hearing on the waivers of the following requirements pursuant to I.C. 6-1.1-12.1-11.3, to wit: the failure, if any, to provide the Statement of Benefits Form SB-1/PP to the designating body before the hearing required by I.C. 6-1.1-12.1-2.5; the failure, if any, to submit the completed Statement of Benefits Form SB-1/PP to the designating body before the installation of new manufacturing, information technology, and logistical distribution

equipment for which the person desires to claim a deduction; the failure, if any, to designate an area as an Economic Revitalization Area before the installation of new manufacturing, information technology, and logistical distribution equipment; the failure, if any, to make the required findings of fact before designating an area as an economic revitalization area or authorizing a deduction under I.C. 6-1.1-12.1-4.5 or alternatively, under I.C. 6-1-1-12-1-17; the failure, if any, to make the required findings of fact before designating an area as an economic revitalization area; the failure, if any, to file a timely or complete deduction applications under I.C. 6-1.1-12.1-5 or I.C. 6-1.1-12.1-5.4. ADOPTED BY THE COMMON COUNCIL OF THE CITY OF BERNE, STATE OF INDIANA, on February 24, 2014. COMMON COUNCIL OF THE CITY OF BERNE Gregg A. Sprunger, President Curtis L. Wurster Ronald N. Dull Mark D. Wynn Philip E. Provost ATTEST: Gwen Maller, Clerk-Treasurer APPROVED: William F. McKean, Mayor EXHIBIT A CITY OF BERNE RESOLUTION 2014-2-2 LEGAL DESCRIPTION MID-AMERICA FOUNDATION SUPPLY, INC. d/b/a POSEIDON BARGE ECONOMIC REVITALIZATION AREA TAX PARCEL 01-08-33-200-006.000-010 PARCEL I A PARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 33, TOWNSHIP 26 NORTH, RANGE 14 EAST OF THE SECOND PRINCIPAL MERIDIAN, ADAMS COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33; THENCE SOUTH 89 DEGREES 21 MINUTES 09 SECONDS WEST (ASSUMED BEARING BASE) ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 423.36 FEET; THENCE NORTH 1 DEGREE 23 MINUTES 32 SECONDS EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 1790.00 FEET; THENCE NORTH 89 DEGREES 21 MINUTES 09 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 420.67 FEET TO A ⅝ INCH DIAMETER IRON PIN WITH CAP STAMPED C&D FIRM NO. 0026 ON THE EAST LINE OF THE WEST ONE-HALF OF SAID NORTHEAST ONE-QUARTER; THENCE ALONG THE EAST LINE OF SAID WEST ONE- HALF, SOUTH 1 DEGREE 18 MINUTES 23 SECONDS WEST, A DISTANCE OF 1789.91 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 17.331 ACRES. PARCEL II A PARCEL OF LAND LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION THIRTY THREE (33), TOWNSHIP TWENTY SIX (26) NORTH, RANGE FOURTEEN (14) EAST, OF THE SECOND PRINCIPAL MERIDIAN, ADAMS COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33; THENCE NORTH 1 DEGREE 18 MINUTES 23 SECONDS EAST (ASSUMED BEARING BASE)

ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 1000.58 FEET TO A ⅝ INCH DIAMETER IRON PIN WITH CAP STAMPED C & D FIRM NO. 0026; THENCE NORTH 89 DEGREES 21 MINUTES 09 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 200.12 FEET TO A ⅝ INCH DIAMETER IRON PIN WITH CAP STAMPED C & D FIRM NO. 0026; THENCE SOUTH 1 DEGREE 18 MINUTES 23 SECONDS WEST, PARALLEL WITH THE WEST LINE OF THE EAST ONE-HALF OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 1000.58 FEET TO THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, THENCE ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 21 MINUTES 09 SECONDS WEST, A DISTANCE OF 200.12 FEET TO THE POINT OF BEGINNING; CONTAINING: 4.594 ACRE. Mayor McKean stated that this was a good night for the City and thanked all who worked hard to get this accomplished. The Council also thanked Larry Macklin and Mary Habegger for bringing this company to Berne. Ordinance 650 amendment Upon the Board of Public Works recommendation, Ordinance 650 was presented for Council consideration. This ordinance amends Ordinance 596 and Ordinance 616 that regulates the operation and use of golf carts on the streets and alleys of the City of Berne by adding off-road vehicles to the ordinance. A state statute that was passed last year allows Cities to allow these vehicles on City streets. It does not pertain to farm vehicles, military vehicles, industrial related vehicles used in construction, or mining, snowmobiles, registered aircrafts, watercrafts or any other vehicle properly registered by Indiana BMV. Both the golf carts and off-road vehicles will need to be registered with the City of Berne Police Department and the off-road vehicles will also need to register with the Indiana BMV as well as meet all the standards, requirements and regulations set forth in IC 14-16-1. A registration fee for the golf carts will be paid to the City of Berne police department. A registration fee for off road vehicles will be paid to the Indiana BMV. Ron Dull made a motion to introduce Ordinance #650 and read by short-title. Mark Wynn made the second and the motion was unanimously passed. Ordinance #650 was read as follows: Ordinance No. 650 Amendment to Ordinance Nos. 596 and 616 Short TITLE: An ordinance that authorized and regulates the operation and use of golf carts and off-road vehicles on the streets and alleys of the City of Berne, Indiana Fire Pumper/Tanker Purchase John Crider, Fire Chief, and John Fox, Fireman, were present to request permission to advertise for the purchase of a new pumper/tanker truck for the Fire Department. They are looking to replace the 35 year old green Ford FMC truck. They would like to purchase a 3000 gallon tanker/pumper truck that will go to all fires and be the backbone of the department. The two older Pierce trucks will be used as back up with one going to country fires and the other one for the City fires. John stated that with the new truck, the 3000 gallon tanker, and the Pierce truck they would have 7500 gallons of available water which could possibly help them save more structures. They would like to spec out a 4 man custom cab, tandem axel, and 450 hp Cummings motor with automatic transmission. Estimated cost of the truck is $350,000 - $400,000. The Board of Public Works and Safety recommends to Council the advertisement of a new truck. Gregg Sprunger made a motion to advertise for bids a new pumper/tanker fire truck. Phil Provost made the second and the motion was unanimously passed. Gwen Maller stated that funds for the truck will come from the following funds: Rainy Day $100,000.00 CCDF 150,000.00 CEDIT 150,000.00 Lehman Park Custodial Contract Ron Dull reported that the Park Board, by a unanimous vote, recommended to Council to renew the custodial contract with Chad and Kris Biberstein and to increase their base salary from $2,100 to $2,200 per year. He stated that they are doing a great job. Phil Provost made a motion to direct Attorney Baumgartner to prepare the

Park custodian ordinance/contract to include a $100.00 raise to the base salary making it $2,200 per year. Curtis Wurster made the second and the motion was unanimously passed. Mayor Comments Mayor McKean stated that with the kind of winter we are having he wants to thank again all the City employees for their hard work. Trash has been picked up and the City streets are clear of snow. He also wanted to say how happy he is for the City of Berne that the new company, Mid-America Foundation Supply d/b/a Poseidon Barge, chose Berne to locate their business in. No other comments were made. There being no other business to come before the Council and upon a motion duly made to adjourn by Ron Dull and seconded by Mark Wynn, adjournment followed. ATTEST: William F. McKean, Mayor Gwen Maller, Clerk-Treasurer