MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, AUGUST 25, 2008 AT 7:00 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 500 WEST MAIN STREET, BENTON, ILLINOIS.

MAYOR KRAFT CALLED THE MEETING TO ORDER AND DIRECTED ROLL TO BE TAKEN. THOSE PRESENT WERE COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, COMMISSIONER WEBSTER AND MAYOR KRAFT.

WILLIAM DILL, ALLEN PATTON AND STEVE MITCHELL OF FREDCO WERE IN ATTENDANCE TO PREVIEW A CD PROMOTING FRANKLIN COUNTY THAT HAS BEEN UNDER DEVELOPMENT FOR THE PAST TWO YEARS. A CORRESPONDING WEBSITE HAS BEEN UP AND RUNNING FOR ABOUT SIX MONTHS AND THE CD IS NOW READY FOR DISTRIBUTION. IT WILL BE GIVEN TO POTENTIAL MANUFACTURERS AND SITE SELECTORS TO ENTICE THEM TO THE COUNTY. THE CD IS DESIGNED TO BE USED ON A COMPUTER CONNECTED TO THE INTERNET AND LINKS THE USER TO DIFFERENT WEBSITES THAT PROVIDE INFORMATION ABOUT FRANKLIN COUNTY. THE THEME BEING PROMOTED TO URBAN AREAS IS “COME HOME” TO THE MORE SECURE FRANKLIN COUNTY ATMOSPHERE.

STEVE MITCHELL PRESENTED INFORMATION ABOUT CONNECT SI, THE FRANKLIN COUNTY FIBER PROJECT WHICH PROVIDES VERY HIGH SPEED INTERNET ACCESS AT LOW COST. MITCHELL ALSO PROVIDED CONTACT INFORMATION FOR FURTHER INFORMATION ABOUT THE PROJECT.

ROBERT WILSON AND DANNY HANSON OF BULLDOG TRASH SERVICE WERE IN ATTENDANCE TO ANSWER QUESTIONS AND ADDRESS ANY CONCERNS REGARDING THEIR SERVICE. MAYOR KRAFT ASKED FOR THEIR INPUT ON A SOLUTION FOR PROBLEMS WITH TRASH CONTAINERS AT THE SPILLWAY AND BRIDGE AT LAKE BENTON. THE CONTAINERS ARE BEING THROWN IN THE LAKE AND ANCHORED CONTAINERS CANNOT BE PICKED UP BY THE SERVICE FOR DUMPING. BULLDOG WILL CONSIDER THE ISSUE AND REPORT BACK POSSIBLE SOLUTIONS IN THE NEAR FUTURE.

COMMISSIONER WEBSTER MADE A MOTION TO WAIVE READING OF AND APPROVE THE MINUTES FROM THE REGULAR SESSION AT 7:00 ON AUGUST 11, 2008 AS PRESENTED. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE A MOTION TO APPROVE PURCHASE ORDER 2182 TO F.W. ELECTRIC FOR AN ELECTRICAL JUNCTION BOX AT THE DIAL STREET LIFT STATION IN THE AMOUNT OF $4,250.00 AND PURCHASE ORDER 2185 TO MUNICIPAL EQUIPMENT CO. FOR SPROCKET, SHAFT, BEARINGS AND TAKE-UPS FOR THE SEWER DEPARTMENT GRIT ELEVATOR IN THE AMOUNT OF $4,511.25. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE THE MOTION TO APPROVE BEGINNING THE PROCESS TO PURCHASE A NEW DUMP TRUCK FOR THE WATER DEPARTMENT AS A REPLACEMENT FOR ONE THAT IS NOT RUNNING WELL. HE WILL PURCHASE THE TRUCK THROUGH THE STATE PROGRAM. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE REPORTED THAT, IN THE FUTURE, WATER AND SEWER LINES NEED TO BE RUN AT THE NEW ROAD NEAR MALKOVICH DRIVE AND MADE THE MOTION TO APPROVE THE BORING AND CASING FOR THE JOB TO BE COMPLETED AT THIS TIME. THE BORING WILL BE COMPLETED BY WIGGS EXCAVATING AT A COST OF $2,000.00. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED A LIST OF WATER AND SEWER DEPARTMENT EXPENSES INCURRED TO DATE AT INDUSTRIAL PARK II TOTALING $46,285.00 AND REQUESTED THAT THE COUNCIL CONSIDER REIMBURSEMENT. COMMISSIONER WEBSTER SAID THAT HE IS CURRENTLY WORKING ON A RESOLUTION ON THIS MATTER.

COMMISSIONER WYANT PRESENTED AND MADE A MOTION TO APPROVE PURCHASE ORDER 1382 TO ENERGY CULVERT COMPANY FOR 120 FEET OF 48” BLUE LINE PLASTIC TILE IN THE AMOUNT OF $7,380.00 FOR THE FRANKLIN COUNTY JAIL STORM DRAIN AND PURCHASE ORDER 1383 TO WOODY’S MUNICIPAL SUPPLY FOR A DIRECT DRIVE TAILGATE CINDER SPREADER IN THE AMOUNT OF $4,040.00 TO BE PAID OUT OF MFT FUNDS. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE THAT ATTORNEY MALKOVICH PREPARE AN ORDINANCE FOR A THREE-WAY STOP SIGN AT FOR SOUTH, EAST AND WEST-BOUND TRAFFIC AT THE INTERSECTION OF KENNETH AND MCKENZIE STREETS. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT REPORTED ON MATERIAL BALANCES FOR OIL AND CA-16 AND REPORTED THAT THERE WILL BE AN UPDATED BILL PRESENTED AT THE NEXT COUNCIL MEETING FOR THE OVERLAY PROJECT.

COMMISSIONER MILLER PRESENTED AND MADE THE MOTION TO APPROVE RESOLUTION #08-12 FOR THE BENTON CONSOLIDATED HIGH SCHOOL HOMECOMING PARADE ROAD CLOSURE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER REPORTED THAT DISCUSSION OF FIRE DEPARTMENT CONTRACT NEGOTIATIONS WILL TAKE PLACE DURING EXECUTIVE SESSION.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE AUGUST 22 FROM THE GENERAL FUND IN THE AMOUNT OF $54,233.31 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE AUGUST 22 FROM THE WATER AND SEWER FUND IN THE AMOUNT OF $26,498.71 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE SEWER ADJUSTMENTS FOR DEBI HAYES AT 412 NORTH GRAND STREET, CALVIN MABRY AT 701 NORTH MAPLE STREET, AND GREG SUMMARY AT 810 NORTH COMMERCIAL STREET. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER THEN PRESENTED AND MADE THE MOTION TO APPROVE SEWER ADJUSTMENTS FOR SWIMMING POOLS FOR ANGELA CARPENTER AT 405 GRAND STREET AND CLIFF JONES AT 722 OLD ORCHARD DRIVE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER MADE THE MOTION TO DISALLOW A POOL SEWER ADJUSTMENT FOR CAROLYN PRICE AT 533 STONEBROOK DRIVE AS THE POOL IS NOT IN COMPLIANCE WITH CITY ORDINANCE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE THAT A REIMBURSEMENT IN THE AMOUNT OF $1,159.27 BE MADE TO THE MFT FUND DUE TO INELIGIBLE MATERIAL PURCHASES NOTED DURING THE RECENT MFT AUDIT. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH REPORTED THAT THE SALES AGREEMENT FOR THE PURCHASE OF TWENTY ACRES NORTH OF INDUSTRIAL PARK II HAS BEEN SENT TO THE DEPUTY FAMILY LIMITED PARTNERSHIP ATTORNEY AND ASKED FOR COUNCIL APPROVAL FOR THE MAYOR TO SIGN THE CLOSING STATEMENT AND FOR THE MONEY PREVIOUSLY ALLOCATED TO BE DISBURSED. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH PRESENTED ORDINANCE #08-30 AMENDING CHAPTER 12 OF THE EMPLOYEE PERSONNEL CODE PERTAINING TO THE FAMILY MEDICAL LEAVE ACT. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH REPORTED THAT PREVIOUSLY THE COUNCIL APPROVED AN OPTION TO PURCHASE REAL ESTATE AT INDUSTRIAL PARK II BY SAFE LOCK STORAGE LLC. THE COMPANY HAS NOTIFIED US THAT DUE TO AN ISSUE WITH THAT NAME ALREADY BEING USED, THEY HAVE CHANGED THEIR NAME TO SECURE LOCK STORAGE LLC. COMMISSIONER WYANT MADE THE MOTION TO APPROVE RECORDING THE NAME CHANGE ON THE OPTION. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT REPORTED THAT THE PLANNING COMMISSION MINUTES HAVE NOT BEEN COMPLETED BUT PRESENTED THE STEVE FRIAR SUBDIVISION PLAT FOR APPROVAL. THE PLAT HAS BEEN APPROVED BY THE PLANNING COMMISSION ON AUGUST 14, 2008. COMMISSIONER WYANT MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

UNDER MATTERS FROM THE PUBLIC, MEMBERS OF THE KENNETH LAMPLEY FAMILY WERE IN ATTENDANCE TO VOICE PROTEST OVER THE POSSIBLE SALE OR LEASE OF THE TWIN OAKS BUILDING AND PROPERTY. AFTER LENGTHY DISCUSSION MAYOR KRAFT STATED THAT NO DECISION WOULD BE MADE AT THIS TIME AND WITH COUNCIL APPROVAL DIRECTED ATTORNEY MALKOVICH TO RESEARCH THE LEGAL ASPECTS OF SELLING OR LEASING THE PROPERTY. COMMISSIONER WYANT MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. FURTHER DISCUSSION WILL TAKE PLACE OVER THE NEXT TWO MEETINGS BEFORE A FINAL DECISION IS MADE.

UNDER OLD BUSINESS, COMMISSIONER WEBSTER INQUIRED ABOUT THE PETROFF ROAD PROJECT. THE PLANNING COMMISSION OVER THIS PROJECT HAS AGREED TO MORE FULLY CONCENTRATE ON THE PROJECT IN THE NEAR FUTURE.

COMMISSIONER WYANT MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OF POSSIBLE ACQUISITION AND/OR SALE OF REAL ESTATE; DISCUSSION OF POSSIBLE AND/OR PENDING LITIGATIONS; AND DISCUSSION OF POSSIBLE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES OF THE PUBLIC BODY OR LEGAL COUNSEL FOR THE PUBLIC BODY, INCLUDING HEARING TESTIMONY ON A COMPLAINT LODGED AGAINST AN EMPLOYEE OF THE PUBLIC BODY OR AGAINST LEGAL COUNSEL FOR THE PUBLIC BODY TO DETERMINE ITS VALIDITY. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:08 P.M.

COMMISSIONER WEBSTER MADE THE MOTION TO GO OUT OF EXECUTIVE SESSION AND RETURN TO REGULAR SESSION. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:40 P.M.

NO ACTION WAS TAKEN REGARDING EXECUTIVE SESSION.

COMMISSIONER WYANT MADE THE MOTION TO ADJOURN THE REGULAR SESSION. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME 8:44 P.M.

Laura Auten, City Clerk