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City Council Minutes 11/03/2008
CITY OF SALEM
REGULAR CITY COUNCIL MEETING AGENDA
MONDAY, NOVEMBER 3, 2008
 6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes, October 20, 2008
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentations        
VI.     City Council Action:
1.      Resignation of Historical Commission Member – Richard Sinclair
2.      Recommendation of Appointment of Kristyn Burton to  Recreation Board
3.      Ordinance Second Reading – Ordinance Amending Chapter 6 – Regarding Off-premises Signs – Garage, Yard, Estate and Auction Sale Signs
4.      Ordinance First Reading – Ordinance Amending Chapter 6, Section 6-26 and 6-61of the City Code Regarding Adoption of the 2006 International Building Code
5.      Ordinance First Reading – Ordinance Adopting the 2006 Edition of the International Property Maintenance Code
6.      Collective Bargaining Agreement – Illinois Fraternal Order of Police Labor Council on Behalf and With Salem Police Officers and Telecommunicators 5/1/08 through 4/30/2011
7.      Resolution – 2008 MFT Sidewalk and Streets Improvement Program
8.      Bid Award – 2008 MFT Street Maintenance – Howell Paving  
9.      Consideration of up to $5,000 expenditure for Historical Commission for Purchase of Display Cases

VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Reports
X.      Adjournment

Thomas F. Christie
City Manager
________________________________________________________________________________________________________
MINUTES
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2008
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on November 3, 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 Joe Hotze
Councilman David Black   
Mayor Leonard E. Ferguson
Absent:  Councilman Harold Blank

Others Present:
City Manager Thomas F. Christie
City Attorney Michael R. Jones  
City Clerk Jane Marshall
Finance Director Marilyn Shook
Assistant City Manager Bev West
Public Works Director John Pruden  
Economic Development Director Tracey McDaneld
Chief of Police Ronald Campo
Code Enforcement Officer Brad Crow
Recreation Director Sherry Daniels
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential,
along with members of the public.
Absent:  
Library Director Kim Keller
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 – OCTOBER 20, 2008     
Minutes of Regular City Council Meeting of October 20, 2008 were presented for review.   Councilman Carr moved and Councilman Black seconded the motion to approve the minutes of Regular Council Meeting of October 20, 2008 as written and waive the reading and.   Councilman Black noted a typo under Item 6, duplication off motion.   Roll call vote to approve the minutes of October 20, 2008 as written with correction of typo and waive the reading.   AYES:  Councilmen Carr, Hotze, and Black.   NAYS: None.  Motion declared carried.


IV.     Presentation of Petitions/Public Comments
Jeannell Charman, 1915 Lakepoint Lane, Centralia, IL, owner and operator of  Salem Travel Bureau, 111 North Broadway, Salem, addressed Council regarding election reform.  She expressed concerns and asked that the following issues be considered by Council:  
·       Ethics Committee for City Elections – If anyone running for office is on that committee, they should recuse themselves.  She suggested the Chief of Police should be named to fill that vacancy for that election cycle.
·       Campaign Gifts and visits made by City Officials – She stated she does not think it is proper for a City Officials to make visits and hand out “gifts” to groups or organizations a month, week, or day before the election; once an incumbent registers to run, “gifts” should stop.   


V.      Mayor’s Report and Presentations
Mayor Ferguson reported that Wal-Mart has given the City two grants in the amount of $1,000 each, one for the skate park and one for the swimming pool project.  


VI.     City Council Action:
1.      Resignation of Historical Commission Member – Richard Sinclair
A letter of resignation was received from Richard Sinclair, resigning from the Historical Commission, effective December 1, 2008 because he will be seated on the Marion County Board .  Councilman Black moved and Councilman Carr seconded the motion to approve, with regret, the resignation of Richard Sinclair from the Historical Commission effective December 1, 2008 and directed that a Certificate of Appreciation be forwarded to him.  Roll call vote.  AYES:  Councilmen Hotze, Black and Carr.  NAYS: None.  Motion declared carried.

2.      Recommendation of Appointment of Kristyn Burton to  Recreation Board
Mayor Ferguson presented a recommendation made by Recreation Director Daniels to appoint Kristyn Burton to the Recreation Board to fill an unexpired term to April 30, 2009 and he recommended approval.  Councilman Black moved and Councilman Carr seconded the motion to approve the appointment of Kristyn Burton to the Recreation Board to fill the unexpired term to April 30, 2009.   Roll call vote:   AYES:  Councilmen Black, Carr, and Hotze.  NAYS: None.  Motion declared carried.

3.      Ordinance 2008-31 – Second Reading – Ordinance Amending Chapter 6 – Regarding Off-premises Signs – Garage, Yard, Estate and Auction Sale Signs
City Manager Christie indicated that with Council input, the ordinance language has been redrafted to allow off-premise signs with specific restrictions and is presented for Council consideration for second reading.  Councilman Carr moved and Councilman Black seconded the motion to approve Ordinance 2008-31, an ordinance amending Chapter 6 regarding Off-premises Signs – garage, yard, estate and auction sale signs.   Lengthy  discussion followed.  Councilman Black moved, and Councilman Carr seconded the motion to amend the motion to approve Ordinance 2008-31 with change in restriction number 8 of the ordinance as suggested by City Attorney Jones – to read “Any violation of this section shall, upon conviction, result in a fine of a minimum of $25.00 to a maximum of $500.00.”   Roll call vote:  AYES:  Councilmen Carr, Black and Mayor Ferguson.  NAYS: Councilman Hotze.  Motion declared carried.

4.      Ordinance First Reading – Ordinance Amending Chapter 6, Section 6-26 and 6-61of the City Code Regarding Adoption of the 2006 International Building Code
An Ordinance Amending Chapter 6, Section 6-26 and 6-61 of the City Code regarding adoption of the 2006 International Building Code was presented for first reading.  City Manger Christie indicated this amendment is to remove all references to the BOCA Code and replace with the International Building Code.  He further indicated that this change is recommended by Chief Campo and Code Enforcement Officer Crow.   No action taken.  

5.      Ordinance First Reading – Ordinance Adopting the 2006 Edition of the International Property Maintenance Code
City Manager Christie indicated this Ordinance is requested by Chief Campo and Code Enforcement Officer Crow to enable better enforcement of maintenance standards for residential and commercial structures.  Concerns were expressed if this ordinance would be more restrictive on property owners regarding plumbing and electrical conditions; and about the City Manager being appointed as Appeals Board.  Code Enforcement Officer Crow indicated that this Ordinance is a tool to be used for property maintenance issues – it does not give the Code Enforcement Officer the right to enter a residence without permission.   No action taken.  

6.      Collective Bargaining Agreement – Illinois Fraternal Order of Police Labor Council on Behalf and With Salem Police Officers and Telecommunicators 5/1/08 through 4/30/2011
The Collective Bargaining Agreement for the Police Officers and Telecommunicators was presented for Council approval.  Councilman Black moved and Councilman Carr seconded the motion to authorize the City Manager to execute the Collective Bargaining Agreement between the City of Salem and the  Illinois Fraternal Order of Police Labor Council on Behalf and with Salem Police Officers and Telecommunicators 5/1/2008 through 4/30/2011.   Roll call vote:  AYES:  Councilmen Hotze, Black and Carr.  NAYS: None.  Motion declared carried.

7.      Resolution – 2008 MFT Sidewalk and Streets Improvement Program
The MFT Sidewalk and Streets Improvement Program Resolution was presented for approval.  Councilman Carr moved and Councilman Black seconded the motion  to approve Resolution 2008-16, a Supplemental Resolution for 2008 MFT Street Improvements Program – Section 08-00069-00-RS, appropriating the sum of $384,000.00 for sidewalk reconstruction on the east side of Walnut Street, roadway reconstruction and resurfacing on Illinois Ave, HMA surface removal, patching and resurfacing on Delmar Avenue and Whittaker Street, and all other collateral work necessary to complete the work as proposed.  AYES:  Councilmen Black, Carr, and Hotze.  NAYS: None.  Motion declared carried.

8.      Bid Award – 2008 MFT Street Maintenance – Section 08-00069-00-RS - Howell Paving  
Public Works Director Pruden addressed this item, indicating bids were opened and read on October 21, 2008 with Howell Asphalt & Paving submitting the lone bid at a total cost of $353,396.57, which was 22.2% above the project estimate.  It was discussed reasons the bids were over the estimated costs and the merits of rejecting the bid and re-bidding in the spring were discussed.  Pruden recommended the sidewalks and the streets be re-bid as separate items.  Councilman Black moved and Councilman Hotze seconded the motion to reject the lone bid from Howell Asphalt/Howell Paving for 2008 MFT Street and Sidewalk Improvements and re-bid.  Roll call vote:  AYES:  Councilmen Carr, Hotze, and Black.    NAYS: None.  Motion declared carried.

9.      Consideration of up to $5,000 expenditure for Historical Commission for Purchase of Display Cases
City Manager Christie reported that Mayor Ferguson is requesting Council consideration of a proposed unbudgeted expenditure of not to exceed $5,000 for display cases for the Historical Commission.  He indicated this amount could come from the General Fund Miscellaneous account.  Councilman Black moved and Councilman Carr seconded the motion to approve the purchase of display cases by the Historical Commission to be used at the Bryan-Bennett Library for display of historical items, for a cost not to exceed $5,000.    AYES:  Councilmen Hotze, Black and Carr.  NAYS: None.  Motion declared carried.

VII.    City Manager Report
1.  City Manager Christie reported he received an e-mail from HUD regarding its Good neighbor Program; a program that facilitates the sale of aged HUD inventory of single family homes to local governments for $1.00.   The e-mail stated currently there is a home (HUD Case Number 132-11187) located at 1430 N. Broadway for sale under this program.   He indicated HUD required proceeds from disposition of the property will go to support local housing/community development initiatives.  Christie indicated he has looked at this home and the structure appears to be in good condition.  Councilman Hotze moved and Councilman Black seconded the motion to authorize the City Manager to proceed with the process of accepting this property for the price of $1.00.  Roll call vote:  AYES:  Councilmen Hotze, Black, and Carr.  NAYS:  None.  Motion declared carried.   

                  2.         City Manager Christie reported Public Works Director Pruden has prepared recommendations for additional paving for a cost of about                       $300,000   for Council review and approval.  

        3.          Commented regarding 1% sales tax issue for school system and asked citizens to think about this issue very carefully.    

VIII.   City Attorney Report
None.

IX.     City Council Reports
        Councilman Carr asked if there would be another city-wide cleanup this fall, to which the City Manager indicated the City did have one already  earlier and did not budget for another city-wide cleanup in the fall.  

         Councilman Carr suggested that recycling needs to be addressed in the future.  

Councilman Hotze
         Councilman Hotze commented - we need to be very careful about stating how the City stands on Sales Tax issue.  The City Manager’s
         comments were not his stand – he stated he would rather pay higher sales tax than additional property tax.  

Councilman Blank – Absent

Councilman Black
Councilman Black questioned the progress on moving the sign from the old library building to the new location.   Public Works Director Pruden       indicated he has given the Library Director names of good sign companies.  

Other
Public Works Pruden reported there has been trespassing at the landfill and the fence was removed.  He stated that trespassers will be prosecuted.

Mayor Ferguson asked about the progress on the informational signs for the City.  City Manager Christie reported that a meeting has been rescheduled with an Effingham sign company.  

Adjournment
There being no further business for discussion at 7:25 p.m. Councilman Black moved and Councilman Carr seconded the motion to adjourn.  Roll call vote:  AYES:  Councilmen Carr, Hotze, and Black.    NAYS: None.  Motion declared carried.



Jane Marshall, CMC
City Clerk

Approved by City Council as written on November 17, 2008.