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City Council Minutes 12/21/2009
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2009
6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  December 7, 2009  
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation 
VI.     City Council Action:
1.      CDAP/RF Loan Request – Little Egypt Golf Carts
2.      Consideration of Authorizing Attorney Services for Reduced Gas Transportation Rates
3.      Employee Dental Insurance Program
4.      First Reading – Ordinance Amending Chapter 10, Section 71 to Add  – Junk Storage
5.      First Reading – Ordinance Amending Chapter 13, Section 26: Daytime/Truancy Curfew
6.      Ordinance Levying Taxes for Corporate Purposes for FY Ending April 30, 1010.
7.      Resolution – Abating Taxes for General Obligation Refunding Bonds, Series 2005 (Wastewater Treatment Plant Improvements)
8.      Resolution – Abating Taxes for Wastewater Treatment Improvements Revenue Source Alternate Bonds dated April 15, 2006
9.      Resolution – Abating Taxes General Obligation Refunding Bonds, Series 2009 (Alternate Revenue Source) – Swimming Pool
10.     Bills Payable
After Reports:
11.     Executive Session – 5 ILCS 120/2 ( c ) ( 5 ) Lease of  City Owned Property and
        5 ILCS 120/2 ( c ) (21) Review of Closed Session Minutes of November 2, 2009 and Semi-Annual Review of Closed Session Minutes
12.     Approval of Closed Session Minutes of November 2, 2009
13.     Resolution Declaring Closed Session Minutes to Remain Confidential and those to be Made Available for Public Inspection

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

Thomas F. Christie,
City Manager
___________________________________________________________________________________________________________
MINUTES
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
 DECEMBER 21, 2009
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on Monday, December 21, 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
DOEM Director Terry Mulvany
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential, US Sonet – video recorded, along with several members of the public


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 – DECember 7, 2009
Minutes of Regular City Council Meeting of December 7, 2009 were presented for review.  
Mayor Ferguson noted a correction in Item VI. - 2 – Consideration of Increase in Swimming Pool Fees  “Councilman Huddlestun votes ‘Yes’”.  Councilman Black moved and Councilman Carr seconded the motion to approve the minutes of Regular Council Meeting of December 7, 2009 as amended 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
None.   

V.      Mayor’s Report and Presentations
None.  

XI.     City Council Action:
1.      CDAP/RF Loan Request – Little Egypt Golf Cars
City Manager Christie reported the owners of Little Egypt Golf Cars are requesting City assistance in a business expansion that will add an additional 10 full-time jobs and significantly increase company sales.  They are requesting a CDAP loan in the amount of $300,000 for five years at 3% interest.  The Loan Committee has reviewed the request and is forwarding a favorable recommendation for council consideration.
Councilman Black moved and Councilman Carr seconded the motion to approve the CDAP loan request from the owners of the Little Egypt Golf Cars in the amount of $300,000 at 3% for five years, subject to formal release of funds from State of Illinois; meeting the required LMI (low to moderate income) requirements of 51%; securing conventional loan for $300,000; owner injection of $90,000; securing a Personal Guarantee; satisfactory junior position (behind Peoples Bank) on collateral (33 acre parcel of land located by interstate); and production of invoices and/or statements providing proof that the RF/CDAP funds are being utilized for eligible expenditures.  
Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black, and Carr.  NAYS:  None.  Motion Declared Carried.  
Mr. Neal Smith with Little Egypt Golf Cars was present and thanked Council for their consideration.  

2.      Consideration of Authorizing Attorney Services for Reduced Gas Transportation Rates
City Manager Christie reported the City’s natural gas consultant, Bob Erxleben, is recommending that the City utilize the services of an attorney who specializes in representing utility clients and has been successful in obtaining favorable rates for natural gas transportation.  The fee for services is $18,000 that would be paid from the City’s gas fund.  He indicated that even though there is no guarantee of success, he concurs with Mr. Erxleben that the potential return (savings) is so substantial that the Council should approve the request.   Bob Erxleben answered questions regarding this matter and addressed concerns of Mayor Ferguson regarding why it is necessary to pay an attorney for this service.   Mr. Erxleben explained that he contacted the City of Sullivan, IL, one of MMC clients, to check on existing rates with NGPL; if these rates continue, the City could save $45,000 to $90,000 per year depending upon which transport agreement would be discounted.  The new rates should be in effect for at least three years or possibly five years.   
Councilman Black moved and Councilman Carr seconded the motion to authorize the City Manager to execute an agreement to retain Malter & Mickum Chartered (MMC) to represent the City for a fee of approximately $18,000 with the Federal Energy Regulatory Commission (FERC) against Natural Gas Pipeline Company of America (NGPL) to obtain reduced transport rates.  Roll call vote.  AYES:  Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None.  Motion Declared Carried.  


3.      Employee Dental Insurance Program
City Manager Christie presented a proposed employee dental insurance program for Council consideration, explaining it is a fully self-funded dental plan that would be an addition to the City’s employee benefit package and participation is voluntary.  He explained, with full employee participation, the plan’s estimated annual cost is $39,000, with employees paying approximately 50%.  Mutual Medical in Peoria would handle the plan administration.  He recommended approval.  Following review and discussion of the plan,
Councilman Carr moved and Councilman Black seconded the motion to approve the employee dental insurance program if 50% of the employees participate.  Employees and City Council members are to pay a monthly fee for the dental plan and participants will have the option to purchase the dental plan for spouse and/or children only, if they choose.   Roll call vote.  AYES:  Councilmen Black, Carr, Meador, and Huddlestun.  NAYS:  None.  Motion Declared Carried.  

4.      First Reading – Ordinance Amending Chapter 10, Section 71 to Add  – Junk Storage
An ordinance amending Chapter 10 of the City Code was presented for First Reading.  City Manager Christie explained that Chief Campo and Code Enforcement Officer Crow are recommending this amendment because the current code is not specific enough to prevent the accumulation of junk being stored outside.  The intent of the amendment is to improve the appearance of properties and increase the overall value of City properties.  

Councilman Black commented that he is not opposed to the ordinance, but is opposed to what could happen, expressing concern that the definition of “junk” is up to interpretation and this ordinance could interfere with the “right of the people”.  

City Manager Christie suggested that the language in the proposed ordinance be looked at closer and that it be more specific before it is brought back for second reading.

5.      First Reading – Ordinance Amending Chapter 13, Section 26: Daytime/Truancy Curfew
An ordinance amending Chapter 13 regarding daytime truancy curfew was presented for first reading.   Chief Campo indicated he met with the District Superintendent of Schools, who is also requesting this provision to prevent school truancy, because at the present it may take months before a truant comes before the court.  This is an attempt to intervene early with the main objective to get the student back in school.  He commented he sees this ordinance as a benefit in Bryan Park when kids are out there, police can see what they are doing.   

6.      Ordinance 2009-20 -  Levying Taxes for Corporate Purposes for FY Ending April 30, 1010.
An ordinance was presented levying taxes for the total amount of $856,942 for the corporate purposes for the current fiscal year commencing on the 1st day of May, 2009 and ending on the 30th day of April, 2010.   Councilman Carr moved and Councilman Black seconded the motion to approve Ordinance 2009-20, an ordinance levying taxes for Corporate purposes for fiscal year ending April 30, 2010.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion Declared Carried.  

Items 7, 8, 9 approved by Omnibus Vote
7.      Resolution – Abating Taxes for General Obligation Refunding Bonds, Series 2005 (Wastewater Treatment Plant Improvements)
8.      Resolution – Abating Taxes for Wastewater Treatment Improvements Revenue Source Alternate Bonds dated April 15, 2006

9.      Resolution – Abating Taxes General Obligation Refunding Bonds, Series 2009 (Alternate Revenue Source) – Swimming Pool
The following resolutions ware presented for omnibus vote:
·       Resolution – Abating Taxes for General Obligation Refunding Bonds, Series 2005 (Wastewater Treatment Plant Improvements)
·       Resolution  – Abating Taxes for Wastewater Treatment Improvements Revenue Source Alternate Bonds dated April 15, 2006
·       Resolution  – Abating Taxes General Obligation Refunding Bonds, Series 2009 (Alternate Revenue Source) – Swimming Pool
Councilman Carr moved and Councilman Black seconded the motion to approve by omnibus vote the following resolutions:
·       Resolution 2009-12– Abating Taxes for General Obligation Refunding Bonds, Series 2005 (Wastewater Treatment Plant Improvements)
·       Resolution 2009-13 – Abating Taxes for Wastewater Treatment Improvements Revenue Source Alternate Bonds dated April 15, 2006
·       Resolution 200914 – Abating Taxes General Obligation Refunding Bonds, Series 2009 (Alternate Revenue Source) – Swimming Pool
Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black, and Carr.   NAYS:  None   Motion Declared Carried.  

10.     Bills Payable
Bills payable listing for period ending December 21, 2009 for a total amount of $1,953,908.50.  Following review period,
Councilman Black moved and Councilman Huddlestun seconded the motion to approve the bills payable as presented.    Roll call vote.  AYES:  Councilmen Huddlestun, Black,  Carr, and Meador.  NAYS:  None.  Motion Declared Carried.  

After Reports:
11.     Executive Session – 5 ILCS 120/2 ( c ) ( 5 ) Lease of  City Owned Property and
        5 ILCS 120/2 ( c ) (21) Review of Closed Session Minutes of November 2, 2009    and     Semi-Annual Review of Closed Session Minutes

At 7:30 p.m. Councilman Black moved and Councilman Carr seconded the motion to enter into Closed Session to discuss lease of city owned property and for semi-annual review Closed Session minutes.  Roll call vote.  AYES:  Councilmen Black, Carr, Meador, and Huddlestun.   NAYS:  None.  Motion Declared Carried.  

12.     Approval of Closed Session Minutes of November 2, 2009
Upon return  to open session at 9:20 p.m., Councilman Black moved and Councilman Meador seconded the motion to approve closed session minutes of November 2, 2009.  
Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.   NAYS:  None.  Motion Declared Carried.  

13.     Resolution 2009-15 – Declaring Closed Session Minutes to Remain Confidential and those to be Made Available for Public Inspection
Councilman Black moved and Councilman Huddlestun seconded the motion to approve Resolution 2009-15, a resolution listing Closed Session Minutes that are to remain confidential and those to be made available for public inspection.  Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black, and Carr.   NAYS: None.  Motion Declared Carried.  

XII.    City Manager Report

XIII.   City Attorney Report

XIV.    City Council Report

City Manager Christie, City Attorney Jones, Mayor Ferguson, Councilman Carr,
Councilman Meador, Councilman Huddlestun, and Councilman Black wished everyone Merry Christmas and a Happy and Prosperous New Year.  


XV.     Adjournment
There being no further business for discussion at 9:22 P.M.,  Councilman Carr moved and Councilman Meador seconded the motion to adjourn the meeting.   Roll call vote.  AYES:  Councilmen, Huddlestun, Black, Carr, and Meador.   NAYS:  None.  Motion Declared Carried.  



Jane Marshall, CMC
City Clerk

Minutes approved as written by City Council on January 4, 2010.