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City Council Minutes 10/05/2009
 6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes, September 21, 2009
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentations        
VI.     City Council Action:
1.      Bid Award – 2009 PVC Gas Line Replacement Project
2.      Bid Award – Dump Truck for Public Works Department (Bid Opening 10/5/09)
3.      Bid Award – Mitchell Street Gas Relocation Project (Bid Opening 10/02/09)
4.      Ordinance – First and/or  Second Reading Authorizing Sale of Surplus City Owned Personal Property
5.      Ordinance – First Reading – Creation of Position of Administrative Sergeant
After Reports:
6.      Executive Session –
VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Reports
X.      Adjournment

Thomas F. Christie
City Manager

 OCTOBER 5, 2009
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on Monday, October 5, 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 Leonard E. Ferguson
Council Members present upon roll call:
Councilman Tom Carr
Councilman Kip Meador
Councilman Steve Huddlestun
Councilman David Black   
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
Recreation Director Sherry Daniels
Chief of Police Ron Campo
Code Enforcement Officer Brad Crow
Assistant to the City Manager Bev West
Library Director Kim Keller
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential, US Sonet, along with several members of the public.   
 DOEM Director Terry Mulvany

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 – September 21, 2009
Minutes of Regular City Council Meeting of September 21, 2009 were presented for review.  Councilman Black moved and Councilman Meador seconded the motion to approve the minutes of Regular Council Meeting of September 21, 2009 as written and waive the reading.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddleston, and Black.  
NAYS: None.  Motion declared carried.

IV.     Presentation of Petitions and Public Comments
No Petitions or Comments.

V.      Mayor’s Report and Presentations
Mayor Ferguson commented about a contest that was organized by the Salem Police Department and the Greater Salem Chamber of Commerce called “Salem’s Revenge”.  He commended both the Police Department/Officer Susan Miller and the Chamber, and everyone who participated in the contest, adding he hopes they will do something like this again.  

Mayor Ferguson reported that he has had many citizens ask him to publicly thank US Sonet for having the Little Egypt Festival Parade on Channel 3 for them to watch.  

He commended everyone who worked with the Little Egypt Festival, it was a great success.  

VI.     City Council Action
1.  Bid Award – 2009 PVC Gas Line Replacement Project
City Manager Christie reported that $130,000 was budgeted to replace old PVC gas lines with polyethylene pipes.  Bids were solicited and three were received.  

Bids were received from USDI – Utility Safety & Design, Inc., Olney, IL in the amount of $118,650.00; from Midwest Underground, Inc., East Moline, IL for $129,575.00 and from InfraSource Underground Construction, LLC, New Berlin, WI for $187,429.83.  Engineers estimate was $121,500.00.

City Manager Christie noted that since our consultant is an employee of the apparent low bidder; if Council decides to award the bid to this company, they should be sure that there is not a conflict of interest, nor any appearance of a conflict of interest.  

Mr. Erxleben commented that the bids were received by the City and opened by the City to make sure there was no conflict of interest, adding that the low bid was over $10,000.00 below the second bid.     

Mayor Ferguson stated he questioned the relationship of the City gas consultant with USDI in the past, indicating that he has a problem with Mr. Erxleben being the engineer, (not a problem with his work) but him being associated with the firm that also bids on getting the materials and that does the construction, and then him doing the inspection.  At some point we have to have a break between engineering, construction and inspection of the project.  He expressed concern that there are no checks and balances in this case and to resolve this issue, we have to get another inspector.  

Mr. Erxleben commented that he does not do a full-time inspection, that the City’s gas crew  is out there during the construction.  

City Manager Christie commented he wants to make sure his comments are not misunderstood, based upon his discussion with Director Pruden in the past, he does not think that there is a conflict of interest.  However, there is an appearance and that is may be, that is why he thought it important that the Council have the opportunity to question Mr. Erxleben and be assured that there is no conflict.  

Public Works Director Pruden  commented that the gas department provides the bulk of the inspections and he and the gas crew~are out there the majority of the time.  They provide primary instruction and get answers to any problems they have.  

Mayor Ferguson suggested that Director Pruden sign off on the project at some point showing that there was a break-up of going through the process.  

Director Pruden stated he has no problem with doing the inspection because he comes up with the “punch list” and he decides whether they have satisfactorily completed the project.     
Mr. Erxleben stated that he would not do the inspection on this project to avoid the appearance of a conflict of interest.

Following additional discussion, City Manager Christie noted that the City’s Consultant, Mr. Erxleben is also an employee of the apparent low bidder, USDI, and although there is an appearance of a conflict of interest; he doesn’t think there is a conflict.   He recommended acceptance of the low bid from Utility Safety and Design.
Councilman Black moved and Councilman Huddlestun seconded the motion to approve the low bid from USDI, Inc.  in the amount of $118,650.00 for the 2009 PFC gas line replacement project.  Roll call vote.  AYES:   Councilmen Meador, Huddlestun, Black and Carr.  NAYS:  None.  Motion declared carried.

Councilman Carr commented regarding conflicts and asked City Attorney Jones opinion.  Attorney Jones commented - at best it has the potential to have the appearance of impropriety, but he also knows from working with Mr. Erxleben for over 30 years, his reputation is A#1.   He has been informed by city staff that Mr. Erxleben’s company does good work and their bids came in low, so the dilemma is - do you want to spend $10,000 or $11,000 moving to the next bidder or do you want to save money.    The worst case scenario is it could be conceived as indirect conflict because of his employment with the firm doing the construction.  We have used them before and if you are satisfied with the safeguards the Mayor has asked for, so am I.  

        2.  Bid Award – Dump Truck for Public Works Department (Bid Opening 10/5/09)
City Manager Christie reported that  $81,000 was budgeted for acquisition of a new dump truck.  The bids were received this morning.  Director Pruden reported that proposals were solicited from nine dealers for a new dump truck to replace an existing 1985 dump truck.  Due to the lowest responsible proposal being over budget, he recommended holding the current proposals for new vehicles and solicit proposals for a used cab and chassis unit with similar set of specifications and asked Council consideration to table until next meeting.  
Councilman Black moved and Councilman Carr seconded the motion to table the purchase of a dump truck for Public Works until next meeting.   Roll call vote.  AYES:   Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None.  Motion declared carried.
        3.  Bid Award – Mitchell Street Gas Relocation Project (Bid Opening 10/02/09)
City Manager Christie commented that Mitchell Street extension project is under construction and the improved roadway will include utility lines and it is necessary to relocate the gas line and bids were solicited for that relocation.  Mr. Erxleben explained bids were solicited from the same contractors as the other gas line replacement project, and only one bid was received and that was from USDI.  After the bid opening, he called Midwest Underground and they said it was too small a job for them to come here to do.  He made no recommendation.  City Manager Christie commented it is important to take action on this as the street is now under construction, recommending approval.   
Mayor Ferguson requested that the inspection be done by Public Works Director Pruden on this project also, because of the appearance of a conflict of interest.  
Councilman Carr moved and Councilman Meador seconded the motion to approve the bid in the amount of $16,500.00 received from USDI for Mitchell Street Gas Relocation Project.  Roll call vote.  AYES:   Councilmen Black, Carr, Meador, and Huddlestun.  NAYS:  None.  Motion declared carried.

Ordinance 2009-17
        4.  Ordinance – First and/or  Second Reading Authorizing Sale of Surplus City Owned Personal Property
An ordinance to authorize the sale of surplus City owned property was presented.  City Manager Christie explained that the items will be advertised and sold at public auction and asked that Council approve this ordinance as Second Reading as it will be advertised.  
Councilman Black moved and Councilman Huddlestun seconded the motion to approve Ordinance 2009-17, authorizing sale of surplus city owned personal property to be sold at auction.  Roll call vote.  AYES:   Councilmen Carr, Meador, Huddlestun, and Black.
NAYS:  None.  Motion declared carried.

        5.  Ordinance – First Reading – Creation of Position of Administrative Sergeant
City Manager Christie commented that only the City Council can create positions within the city.  Chief Campo is recommending the creation of the new position of “Administrative Sergeant”.   A draft ordinance was presented.  
Chief Campo addressed council, this is a position being completing for some time to have clear, orderly progression once the chief is not there, in addition because the department is so information technology based, they need to make sure they have someone around there all during the day when repairs and upgrades take place.  He also advised that this is financially the right time to create this position with the retirement of one sergeant.  This position would be a union position.  The position of lieutenant was discussed and Chief Campo indicated he prefers the creation of an Administrative Sergeant position.  City Manager Christie commented he is not clear about who would make the appointment, the Board of  Police Commissioners or the City and requested the City Attorney to research this question and rewrite the ordinance.   This being first reading, no action was taken.  

After Reports:
        6.  Executive Session –   None

VII.    City Manager Report
City Manager Christie recognized and gave a heartfelt thanks to Jill Combs in arranging the Little Egypt Parade and Festival this year and over the past ten years. It was a very successful parade.  

VIII.   City Attorney Report – No report

IX.     City Council Reports
Councilman Carr reported
·       on his attendance to the Illinois Municipal League Conference in Chicago last week, indicating he found it very beneficial.
·        He also commented on Economic Development Director Tracey McDaneld who gave a good presentation for Buxton at the conference.  

Councilman Meador commented
·       he learned about a software program at the Illinois Municipal League Conference called “Child First” wherein persons can list their cell phones in a data base for      notification of a missing child.  He commented that it is used in Litchfield.
·       He also commented he would like to see a forward-looking board that would give a set of goals where Salem will be in five, ten, fifteen year.  i.e.  if US route 50     doesn’t happen, what would be alternative plan to address traffic.    

Councilman Huddlestun reported
·       on the World Coon Hunter event.  Reporting that the associated press newspaper story came out telling of the impact of loosing the event will have on Kentucky.         He commented that this is a big event and encouraged everyone to help make it a success.  He asked that any organization  and persons who will be holding an    event and would like to let the attendants know about, should contact Bob Haney or Jill at City Hall.  

Councilman Black commented
·       it was a great weekend.  Jill did a good job as well as all the others who helped with the festival and parade.  
·       Commended Steve Huddlestun and Tracey McDaneld for helping to get the World Coon Hunters here
·       Thanked  Bev West for the report from IML regarding new FOIA legislation
·       Thanked John Pruden for his research and information on fluoride in drinking water.  He commented he watched the DVD provided by Mr. Pippen and found   nothing in it that said we should remove fluoride from our water.

Mayor Ferguson reported
·       Regarding the 2009 General Obligation Bond Sale for the Swimming Pool that were purchased by Bernardi, but one reason we may have received a good rate is       because our local bank, Marion County Savings Bank purchased some of them.  Thanks to them.
·       In response to Councilman Meador, invited him to visit South Central Illinois Regional Planning – Fred Walker who helped with a 10 – 20 year program.
·       Mayor Ferguson will be meeting with IDOT tomorrow in Effingham regarding US Route 50
·       Bev West is working on getting a e-mail list to use for notification and for a very inexpensive way to get responses to surveys.    
·       The World Coon Hunt will make a huge impact upon business and the city.  If anyone wants to offer any thing that would be of benefit, let the Tourism Board     know.  We need to make them feel welcome here.  

X.      Adjournment

At 7:00 pm Councilman Black moved and Councilman Huddlestun seconded the motion to adjourn.   Roll call vote.  AYES:   Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion declared carried.

Jane Marshall, CMC
City Clerk

Recorded by US Sonet.

Minutes approved by City Council on October 19, 2009.