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City Council Minutes 03/17/2008
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 17, 2008
6:00 P.M.
I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes – March 3, 2008
IV.     Presentation of Petitions and Public Comments
V.      Mayor’s Report and Presentations
              1.  Proclamation – Relay For Life
VI.     City Council Action
1.      Second Reading – Ordinance – Amending Chapter 2, Division 4 – Personnel Policy
2.      Second Reading – Ordinance Amending Chapter 2, Division 4 – New Drug and Alcohol Testing Policy  
3.      Ordinance – Authorizing Execution of Amendment of the IPEA Sales Contract for Natural Gas
4.      First Amendment to the IPEA Sales Contract for Natural Gas
5.      Bid Award – Gravel and Sand
6.      Bid Award – Chemicals for Water Treatment Plant
7.      Bid Award – ATV for Cemetery Use
8.      Discussion Regarding Extending Closing Hours for Alcoholic Liquor Establishments
9.      Bills Payable
After Reports:
10.     Executive Session – Sale and Purchase of Property
11.     Approval of Closed Session Minutes
VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
X.      Adjournment

Thomas F. Christie
City Manager
____________________________________________________________________________________________________
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 17, 2008
6:00 P.M.

I.      Call to Order
The Salem City Council met in regular session on March 17, 2008, at the hour of 6:00 p.m. in the Council Chambers of Salem City Hall.  The meeting was called to order by Mayor Leonard E. Ferguson.    
Council Members present upon roll call:
Councilman Tom Carr     Councilman Harold Blank
Councilman Joe Hotze    Councilman David Black   
      Mayor Leonard E. Ferguson
Others Present:
City Manager Thomas F. Christie         City Attorney Michael R. Jones  
City Clerk Jane Marshall        Finance Director Marilyn Shook
Public Works Director John Pruden   Assistant City Manager Bev West
E D Director Tracey McDaneld    Recreation Director Sherry Daniels      
Chief of Police Ronald Campo    Library Director Kim Keller
Code Enforcement Officer Brad Crow
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential
Along with members of the public
Absent:  DOEM Director Terry Mulvany

II.     Prayer and Pledge of Allegiance
Opening prayer was led by Councilman Carr, followed by Pledge of Allegiance to the Flag.  
  
III.    Approval of Minutes – MARCH 3, 2008
Minutes of Regular City Council Meeting of March 3, 2008 were presented for review.   Councilman Black requested an addition to Item #8 to add: Councilman Black asked for highlighted copy of the Personnel Policy to show items that were changed.  He also pointed out a typo to be corrected in Item 11.  Motion was made by Councilman Carr, seconded by Councilman Blank to approve the minutes as corrected and waive the reading.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  

IV.     Presentation of Petitions and Public Comments
Overnight camping in Bryan Park and use of pool bath house
Mayor Ferguson reported that a request has been received from Phil Martin, minister at First Christian Church.  Mr. Martin conveyed a request received from a young lady in Boston who is organizing a bicycle trip for about 30 college students “Bike and Build” who take the summer off to bike across the US and work with Habit for Humanities building homes for people living in poverty.  They have chosen Salem for a place to stop off on their way to St. Louis and plan to arrive on Saturday July 5th and stay here over night and leave on Sunday.  He stated that because it would be on Sunday morning it was not feasible for the First Christian Church to house this group so that is why he was trying to find a way to help them.   He asked if it would be a possibility for this group to camp near the bath house in the park and he would arrange with other churches to feed them while they are here.  Recreation Director Daniels had no objection to letting them use the bath house.  Motion was made by Councilman Blank, seconded by Councilman Black to authorize the use of the park for camping and use of the bath house on Saturday, July 5 by the Bike and Build group.  Mr. Martin indicated he will check to see if they have camping equipment.  Roll call vote.  AYES:  Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

Update on Bryan Bennett Library
Jane Gaston, on behalf of the Library Board, came to personally and publicly thank the City Council for the purchase of the Central School Building for the new Library Building.  She reported that a pre-bid meeting will be held on March 19th with bids being opened on March 27th.   Mr. Quandt will review the bids with the Library Board at their meeting of Aril 1st  and recommendations ready for the April 7th Council Meeting.    

V.      Mayor’s Report and Presentations
Proclamation – Relay For Life       This item was postponed Until April 7th.

KSB Great American Cleanup Kick-Off Challenge
Mayor Ferguson read a Challenge from Keep Salem Beautiful and Daffy-Dill Garden Club
April in Salem –Great American Clean-up Month Kick-Off Challenge Keep Salem Beautiful and the Daffy-Dill Garden Club Challenge Mayor Leonard E. Ferguson, Councilman Carr, Hotze, Blank, Black, City Manager Christie and the City Hall Staff to a Cleanup Day at the I-57 Clover Leaf on Saturday, April 5, 2008 at 10:00 A.M.
Ms. Marshall, KSB President explained that this Challenge is to help encourage all residents to a challenge to join in and cleanup their spaces as well as to help their neighbors during the month of April.  

Recommendation to Recreation Board – Mark Ferguson
At the recommendation of Recreation Director Daniels, Mark Ferguson was recommended for appointment to the Recreation Board to fill an unexpired term to April 30, 2012.  Motion made by Councilman Black, seconded by Councilman Blank to approve appointment of Mark Ferguson to the Recreation Board for a term ending April 30, 2012.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank NAYS:  None.  Motion declared carried.  

VI.     City Council Action
1.      Ordinance 2008-06 - Second Reading – Ordinance Amending Chapter 2, Division 4 – Personnel Policy
Following discussion, motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-06, an ordinance amending Chapter 2, Division 4 – Personnel Policy.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  NAYS:  none.  

2.      Ordinance 2008-07 - Second Reading – Ordinance Amending Chapter 2, Division 4 – New Drug and Alcohol Testing Policy  
City Manager Christie remarked that the proposed Drug and Alcohol Testing Policy includes all employees including police department and clerical employees, except contractual personnel.  Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-07, an ordinance amending Chapter 2, Division 4 of the City Code to Include New Drug and Alcohol Testing Policy.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  

(Item 3 and 4 approved under omnibus vote.)
3.      Ordinance 2008-08 - Ordinance Authorizing Execution of First Amendment of the IPEA Sales Contract for Natural Gas
City Manager Christie reported the city entered into an agreement with IPEA to purchase gas under a pre-pay arrangement until April, 2008.  IPEA is asking its members to extend the term until October because the market has not been desirable for pre-pay.   He indicated that this ordinance authorizes execution of the amendment of the IPEA Sales Contract as listed in Agenda Item #4.  Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-08, an ordinance Authorizing Execution of First Amendment of the IPEA Sales Contract for Natural Gas and to approve the First Amendment to the IPEA Sales Contract for Natural Gas by Omnibus vote.  Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

4.      First Amendment to the IPEA Sales Contract for Natural Gas
See item 3

5.      Bid Award – Gravel and Sand
Advertisement for bids was published for gravel and sand and the two bids received were publicly opened and read on March 12, at 2:30 p.m. for gravel and sand.  It was recommended that the low bid from Beelman Logistics, LLC be accepted in the amount of $10.75 per ton for CA-6 Rock and the amount of $9.20 per ton for Fill Sand.  Motion was made by Councilman Black, seconded by Councilman Blank to accept the low bid from Beelman Logistics, LLC in the amount of $10.75 per ton for CA-6 Rock and the amount of $9.20 per ton for Fill Sand.   Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.  

6.      Bid Award – Chemicals for Water Treatment Plant
Advertisement for bids was published for chemicals and the four bids received were publicly opened and read on March 12, at 2:00 p.m. for chemicals. It was recommended that the low bid from G. S. Robins & Co., St. Louis, Mo. be accepted in the amount of $349.00 per ton dry eq. for Alum Sulfate Liq. and the amount of $9.75 per 50# bag for Soda Ash; and the low bid from DPC Enterprises, Festus, Mo. In the amount of $506.00 for Chlorine.  Motion was made by Councilman Black, seconded by Councilman Blank to accept the low bid from G. S. Robins & Co., St. Louis, Mo. be accepted in the amount of $349.00 per ton dry eq. for Alum Sulfate Liq and the amount of $9.75 per 50# bag for Soda Ash; and the low bid from DPC Enterprises, Festus, Mo. In the amount of $506.00 for Chlorine.    Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.  Motion declared carried.  

7.      Bid Award – ATV for Cemetery Use
Advertisement for bids was published for an ATV to be used at the Cemetery.  The three bids received were opened publicly and read on March 17th.  Recommendation was made to approve purchase from the low bidder, Little Egypt Golf Cars for an amount of $4,796.10.  Motion was made by Councilman Blank, seconded by Councilman Black to approve the low bid from Little Egypt Golf Cars for an amount of $4,796.10.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  none.  Motion declared carried.  

8.      Discussion Regarding Extending Closing Hours for Alcoholic Liquor Establishments
City Manager Christie commented this item is brought for discussion only to consider amending the city code to change the closing hours for establishments who sell alcoholic liquor because of restrictions to local establishments.  Councilman Carr commented that this has been brought up before and because some owners say some of their customers leave at 11:30 to go out of town; indicating that they might be safer if they would stay in town.  Also the issue of bands having time to take down before closing was discussed.  Councilman Carr commented we try to help local business as much as we can; it seems that we discriminate against them by making them close.  Councilman Blank commented 1:00 a.m. is time for people to be at home, if you leave open until 2:00 will have more drunk drivers.  Councilman Black commented that in the past, he has said that he would never vote to extend the closing hours, adding that the Mayor usually accommodates businesses on holidays and special occasions.    He clarified that the proposal is asking for 2:00 p.m. closing only on Friday and Saturday evenings.  Councilman Hotze indicated it appears there will be a two-o-to vote next time.  
Mike Squibb, fireman, recalled holding on to a dying person who had been hit by a drunk driver and was against extending the closing hours for alcoholic liquor establishments.  
Phil Martin also spoke against extending the closing hours.  
Hal Harrison spoke in favor of changing closing times to the same hours as businesses in other communities near Salem.  
Mayor indicated this matter would be brought to vote at next meeting.  

9.      Bills Payable
Bills payable listing for period ending March 17, 2008 for a total amount of $555,724.39 were presented for review.  Following review period, motion was made by Councilman Hotze, seconded by Councilman Blank to approve bills payable as presented.  Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

10.     Executive Session – Sale and Purchase of Property
After Reports:

VII.    City Manager Report -  None.
VIII.   City Attorney Report -  None.

IX.     City Council Report
Councilman Carr reported he received a complaint from a person on S. Franklin Street that a lot of kids are skate boarding on the Baptist Church parking lot.  He told them when this happens they should contact the police department if this is a problem, they have to report it.  
He commented that although Salem can burn limbs, it is surprising how many have not.    

Councilman Hotze reported he has had skate boarding on his loading ramp on Saturday.  Think we need to finish the skate park.  He saw 30-40 kids on it last Saturday and he expects there will be more during the spring and summer.  

Councilman Blank thanked the Police Department on their good work at the Quebquor building.

Councilman Black Complimented the City Crews and ESDA on their good work during the past power outage.
He complained that he receives some of his mail from City Hall late and requested that his mail be forwarded to him the same day that it comes in.  

Other
Mayor Ferguson reiterated Councilman Black’s comments about the power outage all over town during the past week and stated that there were a lot of people working together for our community and doing a great job.    He also expressed City Council’s appreciation to City Hall, the Police Department and Staff.  

10.      Executive Session – Sale and Purchase of Property
Motion was made by 7:05 p.m. by Councilman Black, seconded by Councilman Blank to enter into Executive Session for the purpose to discuss sale and purchase of property.  Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

Open Session 9:32 p.m.

11.      Approval of Closed Session Minutes
Upon returning to open session at 9:32 p.m. motion was made by Councilman Black, seconded by Councilman Blank to approve the Closed Session Minutes of February 4, 2008; February 18, 2008, as corrected; and March 3, 2008.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.  

X.       Adjournment
Motion was made by Councilman Black, seconded by Councilman Blank to adjourn at 9:37 p.m.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  


Jane Marshall, CMC
City Clerk
Approved by City Council as written on April 7, 2008.