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City Council Minutes 08-17-2009
CITY OF SALEM
PUBLIC HEARING
August 17, 2009
6:00 p.m.

FOR THE PURPOSE OF RECEIVING INPUT REGARDING THE CITY’S
PROPOSAL TO SELL GENERAL OBLIGATION BONDS OF THE
CITY IN AN AMOUNT NOT TO EXCEED $3,100,000 FOR THE PURPOSE
OF PAYING THE COSTS OF BUILDING AND EQUIPPING
A SWIMMING POOL AND RELATED FACILITIES

AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
August 17, 2009
Following Public Hearing

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  August 3, 2009
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation
VI.     City Council Action
1.      First Reading – Ordinance Amending the Zoning of 905 E. Main Street (approximately nine (9) acres from “I” Industrial to “B-3” Highway Business)
2.      Second Reading – Ordinance Increasing Monthly Charge for Residential Garbage Collection
3.      Second Reading – Ordinance Establishing a “No Parking” Area for Thirty (30) Feet From the Corners on Schwartz St.
4.      Second Reading – Ordinance Authorizing Execution and Implementation of a Natural Gas All-Requirements Sales Agreement with Illinois Public Energy Agency.
5.      Second Reading – Ordinance Increasing the Hotel/Motel Tax From 2% to 4%
6.      Bid Award/ Police Vehicle
7.      Police Department - Request to Declare Items as “Surplus”
8.      Authorization to Repair CAT 9536 Track Loader –
9.      IMRF Contribution Rate
10.     Bills Payable
After Reports:
11.     Executive Session – 5 ILCS 120/2( c )(5) – Sale of Property
12.     Approval of Executive Session Minutes of July 20, 2009

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

Thomas F. Christie
City Manager
____________________________________________________________________________________________________
CITY OF SALEM
PUBLIC HEARING
August 17, 2009
6:00 p.m.

FOR THE PURPOSE OF RECEIVING INPUT REGARDING THE CITY’S
PROPOSAL TO SELL GENERAL OBLIGATION BONDS OF THE
CITY IN AN AMOUNT NOT TO EXCEED $3,100,000 FOR THE PURPOSE
OF PAYING THE COSTS OF BUILDING AND EQUIPPING
A SWIMMING POOL AND RELATED FACILITIES

Notice of Public Hearing was published in the Salem Times-Commoner newspaper on August 7, 2009.  The Public Hearing for the above stated purpose was called to order at 6:00 p.m. by Mayor Pro-Tem Tom Carr.    Councilman Tom Carr – Mayor Pro-Tem.

Councilmen present were Kip Meador, Steve Huddlestun, David Black and Mayor Pro-Tem Tom Carr.   Mayor Ferguson was absent.  
Others present included City Manager Christie, City Attorney Michael Jones, City Clerk Jane Marshall, along with department heads and several members of the public.  Also present was representatives from the Salem Times Commoner and WJBD Radio.  

Mayor Pro-Tem Carr opened meeting to comments and none being heard, the meeting concluded at 6:05 p.m.
_______________________________________________________________________________________________________

MINUTES
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
 AUGUST 17, 2009
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on Monday, August 17, 2009, at the hour of 6:00 p.m. in the Council Chambers of Salem City Hall.  The meeting was called to order by Mayor Pro-Tem Tom Carr.    
Council Members present upon roll call:
Councilman Tom Carr – Mayor Pro-Tem
Councilman Kip Meador
Councilman Steve Huddlestun
Councilman David Black   
Absent:
Mayor Leonard E. Ferguson
Others Present:
City Manager Thomas F. Christie
City Attorney Michael R. Jones  
City Clerk Jane Marshall
Public Works Director John Pruden
Finance Director Marilyn Shook
Economic Development Director Tracey McDaneld
Sear gent Jeff Mount
Code Enforcement Officer Brad Crow
Assistant to the City Manager Bev West
Library Director Kim Keller
Media: Salem Times Commoner, WJBD Radio  
Several members of the public.   
Absent:
 DOEM Director Terry Mulvany
Recreation Director Sherry Daniels
Chief of Police Ron Campo


II.     Prayer and Pledge of Allegiance
Opening prayer led by Councilman Carr, followed by the Pledge of Allegiance to the Flag.  

III.    Approval of Minutes – August 3, 2009
Minutes of Regular City Council Meeting of August 3, 2009 were presented for review.  Councilman Black moved and Councilman Huddlestun seconded the motion to approve the minutes of Regular Council Meeting of August 3, 2009 as written and waive the reading.  Roll call vote.  AYES:  Councilmen Meador, Huddleston, Black, and Councilman Carr Mayor Pro-tem.   NAYS: None.  Motion declared carried.

IV.     Presentation of Petitions and Public Comments
1.)     Ms. Carla Hoffman, Salem resident, complained about people walking dogs and leaving dog waste on other people’s yards.  She asked if there was a city ordinance that could be enforced to prevent this from happening.  Code Enforcement Officer Crow advised that there is an ordinance that could be enforced.  She suggested that a notice be put in the newspaper advising of this.
2.)     Sue Andrews, representing US Sonet, came to make aware that US Sonet would like to start taping the Council Meetings at next meeting to be run on Channel 3 TV and then they would eventually run live.  
3.)     Mr. Alan Williams, new 911 Coordinator for the whole county came to introduce himself and stated he is glad to be here.  

4.)     Removal of Tree and Sidewalk Replacement – 300 Block W. McMackin – South Side
Councilman Black referenced a letter received from Pat Crippen, 313 W. McMackin, who owns and operates a day care center on W. McMackin.  She requested that a tree be removed that is near the sidewalk and causing the sidewalk to breakup and also that the sidewalk be repaired.  After brief discussion, Councilman Black moved and Councilman Huddlestun seconded the motion to have the tree removed and the sidewalk repaired that was broken up from the tree, along with replacement of the sidewalk to the entire block.  Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black, ** and Carr – Mayor Pro-Tem.  NAYS:  None.  Councilman Carr.  Motion declared carried.    ** Councilman Carr voted “No” – stating that he is not against the sidewalk, but because sidewalk projects should be prioritized by Public Works Director Pruden.  

V.      Mayor’s Report and Presentations
None

VI.     City Council Action
1.      Ordinance 2009-11
First Reading – Ordinance Amending the Zoning of 905 E. Main Street (approximately nine (9) acres from “I” Industrial to “B-3” Highway Business)
City Manager Christie reported the Salem Planning Commission heard a request from James & Carol Densford to rezone property at 905 E. Main Street from Industrial to Highway Business with the intent to allow the possibility of creating three new businesses – storage units, antique outlet and personal property auction.  He concurs with the Planning Commission recommendation to City Council for approval of the rezoning.   Mr. Densford explained further their plans for this property.  Following discussion, Councilman Huddlestun suggested Council act on this request on first reading.  No objections were heard.  
Councilman Black moved, and Councilman Huddlestun seconded the motion to approve Ordinance 2009-11, an ordinance amending the zoning of 905 E. Main Street from “I” Industrial to “B-3” Highway Business.  
Roll call vote:  AYES:  Councilmen Huddlestun; Black; Meador and Carr – Mayor Pro-Tem.  NAYS:  None.   Motion declared carried.

2.      ORDINANCE 2009 -12
Second Reading – Ordinance Amending Chapter 10, Sec. 10-92(a), of City Code - Increasing Monthly Charge for Residential Garbage Collection  
City Manager Christie indicated the an increase in garbage collection fees is being considered because of the necessity to close the landfill in April 2010, commenting that the closure costs are estimated at about one-half million dollar.  Also, anticipating increased costs in residential garbage pick-up and the City is subject to mandatory landfill monitoring estimated at $65,000 annually, for that reason the recommended monthly increase is $13.50 for residential garbage pickup.  He believes this increase will cover these amounts, however there are too many unknowns.  Councilman Carr commented he is not in favor of increasing garbage pickup fees at this time.  Councilman Black commented that he would rather increase fees now and not have to make a much larger increase later.  Following discussion,
Councilman Black moved, and Councilman Huddlestun seconded the motion to approve Ordinance 2009-12, an ordinance amending Chapter 10, Section 2-(a) of the Salem City Code, increasing the monthly charge for residential garbage pickup to $13.50, effective with the September 2009 billing.  
Roll call vote:  AYES:  Councilmen Huddlestun; Black; Meador and Carr-Mayor Pro-Tem.
NAYS:  None  Motion declared carried.

3.      ORDINANCE 2009 - 13    
Second Reading – Ordinance AMENDING cHAPTER 12, sEC. 12-153 -  Establishing a “No Parking” AT ANY TIME ON wEST sCHWARTZ sTREET ON THE nORTH SIDE, FROM 30 FEET TO BOTH THE EAST AND wEST SIDES OF INTERSECTION WITH nORTH pEARL sTREET AND nORTH mAPLE sTREET
City Manager Christie indicated the intent of this request is to provide improved vehicular safety.   
Councilman Black moved, and Councilman Meador seconded the motion to approve Ordinance 2009-13, an ordinance amending Chapter 12, Sec. 12-153 to prohibit parking at any time on West Schwartz Street, on the north side from 30 feet to both the east and west sides of its intersection with North Pearl Street and North Maple Street.  
Roll call vote:  AYES:  Councilmen Black; Meador; Huddlestun and Carr – Mayor - Pro-Tem.  NAYS:  None.   Motion declared carried.

4.      ORDINANCE  2009 – 14
Second Reading – Ordinance Authorizing Execution and Implementation of a Natural Gas All-Requirements Sales Agreement with Illinois Public Energy Agency.
City Manager Christie commented that at City Council request, Bob Erxlebn , City Gas Consultant, was present to answer questions.  Mr. Erxleben reviewed the agreement and commented on items of importance, as well as answer questions.   Following discussion,
Councilman Black moved, and Councilman Huddlestun seconded the motion to approve Ordinance 2009-14, an ordinance Authorizing Execution and Implementation of a Natural Gas All-Requirements Sales Agreement with Illinois Public Energy Agency.  
Roll call vote:  AYES:  Councilmen Meador; Huddlestun; Black and Carr-Mayor Pro-Tem.  NAYS:  None  Motion declared carried.


Item 5 discussed after Item #9 to allow time for Bob Haney to arrive
5.      Ordinance 2009-    Second Reading – Ordinance Increasing the Hotel/Motel Tax From 2% to 4%
Bob Wiedeman, representing the Salem Tourism Board, reported it is the recommendation of the Tourism Board that the hotel/motel tax be increased from 2% to 4%, noting that the communities around Salem already have theirs at 5% and this increase would still keep us under theirs.  

Joyce Shuler, representing Super 8, addressed Council stating she is not opposed to the tax, she would like to see the Tourism Board prepare a marketing plan for the proposed tax increase; suggesting preparation of the plan include the Tourism Board, hotel/motel representatives, and city officials.  She was not in favor of the tax increase without a marketing plan to show how the money will be spent.

Councilman Meador expressed concern that the increase at this time before PKC event appears to be “gouge our guests”.  

Councilman Black the Tourism Board is trying to get more money so they can promote Salem more.  

City Manager Christie commented Tourism Board this year had to use their reserves for this current fiscal year, the expenditures this year exceeded their revenue.  The Tourism Board is not being irresponsible at all, they are reacting to the increasing costs and labor for all the events and promotions they are doing and they hope to do more.  

Bob Haney, Tourism Board Chairman, commented the board is in the business of helping the hotel/motel business and asked that they let the board know what advertising ploy they would like to use, and the board will help with it.  

Shuler expressed concern that the tax is being doubled before the PKC event appears to be greedy on the City’s part.  

Councilman Huddlestun suggested the hotel/motel owners meet with the Tourism Board and discuss what is most effective for them and how to spend the money in the most effective way.   He stated that the only way he would agree to vote for this increase is if it does not go into effect until November 1st so that it will not look like we are trying to “gouge” people coming for the PKC event.   

Haney has no problem with that suggestion.  

Councilman Black moved, and Councilman Huddlestun seconded the motion to table discussion on increasing Hotel/Motel tax until next meeting to allow time for the hotel/motel owners to meet with the Tourism Board.    
Roll call vote:  AYES:  Councilmen Black; Meador; Huddlestun and Carr-Mayor Pro-Tem.  NAYS:  None  Motion declared carried.


6.      Bid Award – Police Vehicle
City Manager Christie reported the Police Department budgeted for the purchase of a used vehicle for detective use.  Bids were advertised I the paper and through direct letters to area dealerships.  A total of five vehicles from two dealerships were received; with only one vehicle meeting the bid specifications.  Police Chief is recommending that Council award the bid for purchase of a 2008 Pontiac G6 at a cost of $16,600.  
Councilman Black moved, and Councilman Huddlestun seconded the motion to accept the bid from Max Dye for a 2008 Pontiac G6 vehicle at a cost of $16,600.00 for the Police Department.  
Roll call vote:  AYES:  Councilmen Huddlestun; Meador; Black; and Carr, Mayor Pro-Tem.  NAYS:  None.   Motion declared carried.

7.      Police Department - Request to Declare Items as “Surplus”
City Manager Christie reported that Chief Campo has submitted a list of equipment that he intends to trade for new equipment.  He recommended that the listed equipment be declared as surplus.  
Councilman Black moved, and Councilman Huddleston  seconded the motion to  declare as surplus  equipment at the Police Department as listed in e-mail dated 8/12/09 3:04 pm, from Chief of Police Campo who intends to use items as trade for new equipment.    
Roll call vote:  AYES:  Councilmen Black; Meador; Huddlestun and Carr, Mayor Pro-Tem.   NAYS:  None   Motion declared carried.

8.      Authorization to Repair CAT 9536 Track Loader
In that the CAT Track Loader at the landfill is in need of considerable, immediate repair, Public Works Director Pruden solicited quotes from two companies and he is recommending approval of repairs through ERB Equipment at a cost of $12,523.30.   City Manager Christie advised that since this expenditure is over $10,000 it is being brought for Council approval.  
Councilman Huddlestun moved, and Councilman Black seconded the motion to accept the quote from Erb Equipment in the amount of  $12,523.30 for repair to tracks on CAT 9536.  
Roll call vote:  AYES:  Councilmen Meador; Huddlestun; Black; and Carr, Mayor Pro-Tem.   NAYS:  None  Motion declared carried.

9.      IMRF Contribution Rate
Finance Director Shook commented that IMRF (Illinois Municipal Retirement Fund) has taken a big hit over the past years and will be implementing some large increases in the contribution rate for employers effective January 1, 2010.  She reported that IMRF is making available a lower phase in rate at an additional 7.5% interest rate.  After some analysis, she found the City should pay the higher rate effective January 1, 2010 to keep from paying the interest rate.   She indicated that this will exceed the budgeted amount in the General Fund and will be included in the budget Amendment at the end of the fiscal year.  IMRF is requiring us to let them know by August 31st.
Councilman Black moved, and Councilman Meador seconded the motion to accept the recommendation of Finance Director Shook to begin paying the higher rate for IMRF employer contributions of 14.10% on January 1, 2010.
Roll call vote:  AYES:  Councilmen Huddlestun; Black; Meador and Carr, Mayor Pro-Tem.  NAYS:  None  Motion declared carried.

10.     Bills Payable
Bills payable listing for period ending August 17, 2009 for a total amount of $546,636.01 was presented for Council review and approval.  Following review period,
Councilman Black moved, and Councilman Meador seconded the motion to approve bills payable as presented.  
Roll call vote:  AYES:  Councilmen Meador; Huddlestun; Black; and Carr, Mayor Pro-Tem.  NAYS:  None  Motion declared carried.

After Reports:
11.     Executive Session – 5 ILCS 120/2( c )(5) – Sale of Property
12.     Approval of Executive Session Minutes of July 20, 2009

VII.    City Manager Report
City Manager Christie complimented Public Works Director Pruden for the excellent job he did on Monday cleaning out the pool before the demolition.  He also complimented Bev West for filling in for City Clerk Jane Marshall while she was on vacation.  
VIII.   City Attorney Report - None

IX.     City Council Report
Councilman Carr – Mayor Pro-Tem commented on the musical, Seussical Jr. held at the theatre recently.

Councilman Meador complimented the Daffy-Dill on the flowers and plants downtown.  

Councilman Huddlestun commented on the Bryan-Bennett Library Centennial Celebration that was held on August 15th .  

Councilman Black also commented on the Bryan-Bennett Library Centennial Celebration and commended Library Director Kim Keller for her work.
Councilman Black also recognized Representative Cavaletto for his donation of original books about William J. Bryan that he donated to the Library.
Councilman Black complimented Public Works Director Pruden on the street repairs.  

City Clerk Marshall reported the next regular City Council Meeting will be on Tuesday, September 8th due to Monday being a legal holiday.  

Finance Director Shook complimented Library Director Kim Keller on the nice job done on the Library Centennial Celebration and what they have done on the new library.  She was happy to see so many citizens come out for the event.  

(11.) - Executive Session – 5 ILCS 120/2( c )(5) – Sale of Property
Following reports, at 7:35 p.m. Councilman Black moved, and Councilman Huddlestun seconded the motion to enter into closed session for the purpose to discuss the sale of property.  
Roll call vote:  AYES:  Councilmen Huddlestun; Black; Meador; and Carr, Mayor Pro-Tem.  NAYS:  None.  Motion declared carried.

(12.) - Approval of Executive Session Minutes of July 20, 2009
Upon returning to open session at 7:50 p.m. Councilman Black moved, and Councilman Huddlestun seconded the motion to approve the closed session minutes of July 20, 2009.   Roll call vote:  AYES:  Councilmen Huddlestun; Black; Meador and Carr, Mayor-Pro-Tem.  NAYS:  None  Motion declared carried.

Bid Proposal Opened for 1430 North Broadway
One Bid Proposal was received for City owned property located at 1430 North Broadway.  It was opened in Closed Session.  In open session, Councilman Black moved and Councilman Huddlestun seconded the motion to reject the bid received and opened on 8/17/09 for property located at 1430 N. Broadway.  Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black, and Carr – Mayor Pro-tem.  Motion declared carried.  

X.      Adjournment
There being no further business for discussion at 7:50 p.m. Councilman Black moved, and Councilman Meador seconded the motion to adjourn.   Roll call vote:  AYES:  Councilmen Meador; Huddlestun; Black; and Carr, Mayor Pro-Tem.   NAYS:  None  Motion declared carried.



Jane Marshall, CMC
City Clerk
Minutes approved by City Council as amended on September 8, 2009.

 ** Councilman Carr voted “No” to roll call vote under Public Comments – Item 4.  – stating that he is not against the sidewalk, but because sidewalk projects should be prioritized by Public Works Director Pruden.