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City Council Minutes 2010 08-02
August 2, 2010
 6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes, July 19, 2010
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation
VI.     City Council Action
1.      Bid Award – Landfill Final Cover Project
2.      Resolution – IDOT Resolution Appropriating MFT Funds for Streets Resurfacing
3.      First Reading – Ordinance Regarding Parking Restrictions in Bryan Park
4.      Expanded Pool Season
5.      Consideration of Changing Downtown Parking Hours From Two Hours to Three Hours Parking
6.      Consideration of Permitted Use of Diving Boards at the Family Aquatic

VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
X.      Adjournment
        Thomas F. Christie
City Manager
AUGUST 2, 2010
6:00 P.M.

The Salem City Council met in regular session on August 2, 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 Leonard Ferguson.
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
Finance Director Marilyn Shook
Public Works Director John Pruden
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
Economic Development Administrative Assistant Natalie Wright
Media:  Salem Times Commoner, WJBD Radio, Centralia Sentinel
Several members of the public.
        City Clerk Jane Marshall
        Tracey McDaneld 
        DOEM Director Terry Mulvany

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

III.    APROVAL OF MINUTES – July 19, 2010
Minutes of Regular City Council Meeting of July 19, 2010 were presented for review.  Councilman Carr moved and Councilman Meador seconded the motion to approve the minutes of Regular Council Meeting of July 19, 2010 and waive the reading.  Roll call vote.  AYES:  Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None.  Motion declared carried.



1.      Bid Award – Landfill Final Cover Project
City Manager Christie indicated the City is preparing to close the existing landfill, and must provide the appropriate cover to meet IEPA standards.  Three bids were received, with Blankenship Construction, Inc. being the low bidder.  Manager Christie indicated the dollar amount of $550,240 mentioned in his recommendation contained an error; however, Blankenship’s corrected amount of $619,440.00 is still the low bid.  Mr. Christie introduced John Bossert of Weaver Boos Consultants, formerly of AECOM and STS Consultants.  Mr. Bossert indicated he has been involved with the landfill for many years, and he and his firm recommend awarding the bid to Blankenship Construction.  Public Works Director John Pruden added that it is his and Mr. Bossert’s intention to do some “value engineering” on the project, and find ways to reduce the costs.  It is necessary to award the bid, however, before beginning the “value engineering” negotiations.  Councilman Black asked about the funds available for closure.  Mr. Christie indicated that it was the City’s intent, when the residential collection rate was raised, to keep the rate level for five years.  It may, however, need to be reconsidered in three and a half to four years.  Director Pruden indicated that once the contractor begins closure, it will no longer be safe to allow customers to bring loads in, and the landfill will probably be closed within the next 30 days.  Councilman Black moved and Councilman Carr seconded the motion to award the bid for the Landfill Final Cover Project to Blankenship Construction, Inc. in the amount of $619,440.00.  Roll call vote.  AYES:  Councilmen Black, Carr, Meador, and Huddlestun. NAYS:  None.  Motion declared carried.  

2. Resolution – IDOT Resolution Appropriating MFT Funds for Streets
City Manager Christie indicated this Resolution is a requirement of IDOT, and the work referenced, resurfacing of S. Marion Street, Baldridge Lane, and Seneff Street, is nearing completion.  Councilman Black moved and Councilman Huddlestun seconded approval of Resolution #2010-07 appropriating MFT funds for street resurfacing.  Roll call vote:  AYES: Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion declared carried.

3. First Reading – Ordinance Regarding Parking Restrictions in Bryan Park
City Manager Christie indicated this ordinance is being brought to Council in order to restrict parking in Bryan Park to only those using park facilities.  There was discussion regarding people who park in Bryan Park, walk beyond the parks boundaries, and return to their cars.  Councilman Carr recommended this ordinance proceed to a second reading, in order to give members of the public an opportunity to provide input...

4.      Expanded Pool Season
City Manager Christie indicated Recreation Director Daniels was directed to see if the necessary pool staff would be available to operate the pool for a period of weeks past the proposed closing date of August 14th, and her report indicates it is marginal that the necessary staff can be found.

City Manager Christie indicated Dir. Daniels can continue to work towards hiring the necessary staff for the extended days, but added that if the potential new lifeguards pass the pre-certification test, they must then take and pass the lifeguard class in Centralia.  .  Daniels added that the manager for the Centralia Rec Center is struggling to find lifeguards for the indoor pool, and neighboring communities’ pools are closing near the same date as Salem’s target close date, but she will continue to try to find the necessary staff to stay open the additional weeks.

5. Consideration of Changing Downtown Parking Hours from Two Hour to Three Hour Parking
City Manager Christie indicated this item was placed on the agenda at the request of Councilman Carr.  Councilman Carr indicated Economic Development Director Tracey McDaneld had been approached by several downtown businesses, who had indicated services provided to their customers often exceed two hours, and they would like to see the parking limit increased from two hours to three hours.  City Manager Christie indicated some of the businesses who might provide services that exceed two hours are the beauty shops, dermatologist, Curves, and the attorney’s offices.  Christie added that not every business would need the extended parking, and Council must consider what is in the public’s best interest.

Councilman Carr indicated he received comments from a barber shop, and a client of Curves, who indicated they would prefer the hours not change.  They also indicated that they felt the problem is largely a result of the courthouse employees parking.  If the hours change, they will be able to park from 9 a.m.-12  p.m. and 1 p.m. -4 p.m. without receiving a ticket or having to move their cars.

Councilman Meador asked Lori Hays of Belle Chez what services they provide that take longer than two hours, and roughly how many procedures exceeding two hours they perform each week.  Ms. Hays indicated there are several procedures that take more than two hours, including hair color and massages, and that they probably do a minimum of 50 procedures per week that exceed two hours.  Ms. Hays indicated the stylists try to park a block away, and often have customers run out with color on their hair to move their cars.  
Mayor Ferguson indicated there are many businesses that would not need the extended hours, including the furniture store, antique store, restaurants.

City Manager Christie indicated he has encountered similar issues in other cities, and one community chose to issue special permits to the beauty salons, which could be placed on their client’s car dash.  Councilman Meador indicated he likes the idea of special permits, and suggested having the businesses purchase special permits, which they could then allow their customers to use.

Councilman Carr asked if the Police Department has a record of repeat offenders.  Chief Campo indicated they do, and that some of the repeat offenders consider the $5.00 per day ticket inexpensive parking.  Councilman Carr indicated he had received an email from a local business owner, who suggested it might be more effective to raise the parking fine.  Chief Campo concurred, and indicated he would talk to his parking enforcement officer about varying his schedule, and becoming less predictable.  Chief Campo suggested raising the parking ticket amount to $10.00.  Councilman Huddlestun suggested that a sign be placed on the county parking lot, identifying it as available parking.

Councilman Carr suggested this item be held over to allow additional input from the community.  

6.  Consideration of Permitted Use of Diving Boards at the Family Aquatic Center
Councilman Black indicated he objects to the current rule that prohibits divers from diving off the boards from the backwards position.  Black added that there may be some danger, but many things are dangerous.  (Councilman Black requested the following be deleted.) and people are too fearful.  Councilman Black indicated he feels the diving boards should be used for any kind of diving.  Councilman Carr indicated there are posted rules at the pool, such as “no running”, that you must be a certain height to go down the slide, and that you cannot dive into the 2 ft water.  Carr added that he feels that if you remove these posted rules, you are in effect saying that it is safe to do these things.  Councilman Carr asked City Attorney Jones if he felt removing these rules would increase the City’s liability.  Mr. Jones indicated there could be an increase in liability, but there is also an “assumption of risk”, which means that if you do these things, you are assuming the risk.  Councilman Meador asked about the risk involved with the skate park.  Mr. Jones indicated there is a “doctrine of immunity” that would exclude the City from liability, and that a similar “doctrine of immunity” could apply to the diving boards.  

Councilman Black asked how many people have been injured this year.  Councilman Carr indicated a 12-year-old was attempting a double front dive, and passed out upon hitting the water, resulting in a call to paramedics.  Mayor Ferguson asked what the neighboring pools rules are regarding diving.  Director Daniels indicated she would find out.  Councilman Black suggested, and Council concurred, that this item be laid over until the next season.

VII.    City Manager’s Report
City Manager Christie commended Annette Brushwitz and Sherry Daniels for their work in putting together the employee pool party, and added that many had expressed appreciation for the event.

VIII.   City Attorney Report

IX.     City Council Report
Councilman Carr - Councilman Carr indicated he received correspondence from the US Census Bureau, and they are currently hiring.  The positions pay $11.95/hr, and have part-time flexible hours of 40-80 hours per month.  The contact number is 1-888-722-8995.

Councilman Meador– No report.

Councilman Huddlestun – Councilman Huddlestun commented that he was sorry he had missed the City’s pool party – he thought it was on Saturday, and it was Friday.

Councilman Black Councilman Black indicated he was also sorry he missed the pool party.  Councilman Black indicated he was driving through Belleville, and saw a banner strung across the highway advertising their Farmer’s Market.  Black suggested the City do something similar with banners, until advised by IDOT that we can’t.

Mayor Ferguson – Mayor Ferguson indicated he had attended the City’s employee pool party, and it was very enjoyable, and he was glad to see the employees with their young children enjoying the pool.

       X.      ADJOURNMENT
There being no further business for discussion, at 7:10 p.m., Councilman Black moved and Councilman Huddlestun seconded the motion to adjourn.  Roll call vote:  AYES:  Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None.  Motion declared carried.

Jane Marshall, CMC
City Clerk
By Bev West, Deputy City Clerk

Minutes approved as amended by City Council on August 16, 2010.