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City Council Minutes 2010 05-17
CITY OF SALEM
REGULAR CITY COUNCIL MEETING AGENDA
MAY 17, 2010
 6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes, May 3, 2010
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentations
VI.     City Council Action  
1.      Request from Daffy Dill Garden Club for Use of Bryan Statue Area of Bryan Park on June 26th  for 5th Annual Garden Treasures Tour Event
2.      Second Reading – Ordinance Amending Chapters 5 & 15, Restricting Domestic Pets from City Recreation Department Sponsored Events
3.      Pursuant to 40 ILCS 5/Illinois Pension Code -  Presentation of Annual Report by Treasurer for Police Pension Fund Fiscal Year Ending 4/30/10
4.      Bills Payable
After Reports:
5.      Executive Session – 5ILCS 120/2( c)(5) Sale of Property
6.      Approval of Closed Session Minutes of April 5, 2010
VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
X.      Adjournment

Thomas F. Christie
City Manager
_________________________________________________________________________________________________________________
CITY OF SALEM
REGULAR CITY COUNCIL MEETING MINUTES
MAY 17, 2010
6:00 P.M.

I.      CALL TO ORDER
The Salem City Council met in regular session on May 17, 2010, at the hour of 6:00 p.m. in the Council Chambers of Salem City Hall.  The meeting was called to order by Mayor.
Council Members present upon roll call:
        Councilman Kip Meador
        Councilman Steve Huddlestun
        Councilman David Black
        Councilman Tom Carr
        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
Economic Development Director Tracey McDaneld
Chief of Police Ron Campo
Code Enforcement Officer Brad Crow
Assistant to the City Manager Bev West
Recreation Director Sherry Daniels
Library Director Kim Keller
Media:  Salem Times Commoner, WJBD Radio, Centralia Sentinel, Marion County Observer
Several members of the public.
Absent: 
        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.    APROVAL OF MINUTES – May 3, 2010
Minutes of Regular City Council Meeting of May 3, 2010 were presented for review.  Councilman Carr moved and Councilman Black seconded the motion to approve the minutes of Regular Council Meeting of May 3, 2010 and waive the reading.   Councilman Black requested that his written public comments regarding “Health Club Memberships” be  included with the minutes of May 3.  Roll call vote.  To approve the minutes of the regular meeting of May 3, 2010 with Councilman Blacks written public comments regarding “Health Club Membership” be included.  AYES:  Councilmen Meador, Huddlestun, Black and Carr.  NAYS:  None.  Motion declared carried.


IV.     PRESENTATION OF PETITIONS AND PUBLIC COMMENTS
        None.

V.      MAYOR’S REPORT AND PRESENTATIONS
Mayor Ferguson presented the Official Oath of Office, along with the Official Certificate of Appointment to William “Randy” Vogt for another three-year appointment to the Board of Police Commissioners.   

Mayor Ferguson recommended John Harvester for appointment to the Zoning Board of Appeals to fill an un-expired term to April 30, 2014.   Councilman  Black moved and Councilman Carr seconded the motion to approve the appointment of John Harvester to the Zoning Board of Appeals to fill an un-expired term to April 30, 2010.  Roll call vote:  AYES: Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None.   Motion declared carried.  


VI.     CITY COUNCIL ACTION
1.      Request from Daffy Dill Garden Club for Use of Bryan Statue Area of Bryan Park on June 26th  for 5th Annual Garden Treasures Tour Event
City Manager Christie recommended approval of the request from the Daffy-Dill Garden Club.  Councilman Black moved and Councilman Huddlestun seconded the motion to approve the request from the Daffy Dill Garden Club for use of the Salem Community Memorial Garden at Bryan Statue on Saturday, June 16, 2010 for their Fifth Annual Garden Tours activities.  Roll call vote:  AYES: Councilmen Black, Carr, Meador, and  Huddlestun.  NAYS:  None.   Motion declared carried.  


2.      Second Reading – Ordinance Amending Chapters 5 & 15, Restricting Domestic Pets from City Recreation Department Sponsored Events
City Manager Christie commented the language of the proposed amendment has been revised to limit the restriction to only Recreation Department sponsored events, removing any language specific to parks.  The language has also been revised to permit domestic dogs if properly leashed and muzzled.  He advised that this amendment was initiated by Director Daniels to prevent spectator injury and he recommended approval.  He emphasized that dogs are permitted in the parks, just not in areas where Recreational events are taking place with groups of people present.  

Councilman Carr indicated that the definition of “domestic pets” could apply to animals other than dogs; commenting he had spoken with Animal Control workers who were more concerned about the size of the dogs.  He expressed that something needs to be addressed, but doesn’t think this ordinance is the answer.

Councilman Black expressed opposition to the ordinance amendment, indicating that this was brought about by one incident, adding the ordinance would not stop things from happening.

Mayor Ferguson also expressed concerned that it only references Recreation Department events – indicating there could be a problem with people bring their pets to other events such as the Blue Grass Festival and Apple Fest.  

Recreation Director Daniels commented there are so many distractions at the ballgames that an animal may take as aggressive behavior that would cause them to react.

Councilman Meador expressed concern with the proposed amendment regarding the requirement to muzzle dogs.    

Councilman Huddlestun commented he thinks this amendment is an over-reaction to one incident.  

Following discussion, Mayor Ferguson called for a motion to approve the Ordinance Amending Chapters 5 & 15, restricting domestic pets from Recreation Department Sponsored Events.   No motion was made – request for amendment to Chapter 5 and 15 failed due to a lack of a motion.  

3.      Pursuant to 40 ILCS 5/Illinois Pension Code -  Presentation of Annual Report by Treasurer for Police Pension Fund Fiscal Year Ending 4/30/10
City Manager Christie commented that the Illinois State law requires that the Police Pension Board treasurer submit an annual financial report to the governing body.  The Council is not required to approve the report, only accept it and make it a part of the record.  Councilman Black moved and Councilman Carr seconded the motion to accept and make a part of the record the Treasurer’s Annual Statement of Receipts and Disbursements of the City of Salem  for the Police Pension Fund Fiscal Year Ending 4/30/2010.  Roll call vote:  AYES: Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.   Motion declared carried.  

4.      Bills Payable
Bills payable listing for period ending May 17, 2010 for a total amount of $1,790,353.23  was presented for review.  Following review period, Councilman Carr moved and Councilman Black seconded the motion to approve bills payable as presented.  Roll call vote:  AYES: Councilmen Meador, Huddlestun, Black and Carr.   NAYS:  None.   Motion declared carried.  

After Reports:

VII.    City Manager Report
City Manager Christie reported that both houses of the legislature has passed a bill that is on the Governor’s desk for signature, which is the State’s solution to keeping from laying off State Patrol Officers; that solution is to raid the funds of the cities and counties, taking a potion of the bond fees from traffic violations that would normally go to cities and counties and use it for their own use.  He indicated that counties and municipalities could stand to lose a substantial amount.  He suggested that persons should contact our legislators.  

VIII.   City Attorney Report No Report

IX.     City Council Report
Councilman Carr
·       Discussed forming a Municipal Court system for traffic fines.  (City Attorney Jones commented that this system would cost the City more than it would save.)
·       Discussed the employee wellness program, suggesting that a report be generated regarding how many employees signed up for the program and how many were still active at the end of the year.  
City Council Not Included in Employee Wellness Program:
·       Councilman Black moved and Councilman Huddlestun seconded the motion that the City Council is not included in the Employee Wellness Program.  Roll call vote:  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion carried.  
·       Councilman Carr reported that he attended the Apostolic Church services on Sunday, upon their invitation for Professional’s Day to honor all professionals....Fire Fighters; Police Officers; City, County & State Officials.
·       He also made a presentation from the Mayor and City Council on Sunday to Matthew Christopher Webb, upon becoming an Eagle Scout.   

Councilman Meador – No report

Councilman Huddlestun  commented on the news paper report regarding the high percentage (84%) of people who have returned their 2010 Census reports.

Councilman Black
·       Asked what happened to the benches on downtown sidewalks, to which Director Pruden commented that all the benches had been broken and were removed.  
·       Asked Director Daniels why there was height restriction for persons using the new water slide; to which she commented that this was the manufacturer’s safety requirements.  

5.      Executive Session – 5ILCS 120/2( c)(5) Sale of Property
At 6:45 p.m. Councilman Black moved and Councilman Meador seconded the motion to enter into closed session to discuss the sale of city owned property.  Roll call vote:  AYES: Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None.   Motion declared carried.  

Return to Open Session at 7:15 p.m.

6.       Approval of Closed Session Minutes of April 5, 2010
Upon return to open session at 7:15 p.m., Councilman Carr moved and Councilman Black seconded the motion to approve the minutes of the April 5, 2010 Closed Session Meeting.  Mayor Ferguson noted a correction.  Roll call vote:  AYES: Councilmen Black, Carr, Meador, and Huddlestun.  NAYS:  None.   Motion declared carried.  

X.      Adjournment
        There being no further business for discussion at  7:16 p.m., Councilman  Huddlestun moved and Councilman Black 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