MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, JULY 12, 2010 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. THOSE PRESENT WERE COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, COMMISSIONER WEBSTER AND MAYOR KRAFT.

COMMISSIONER WEBSTER MADE THE MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE REGULAR MEETING AT 7:00 ON JUNE 28 AND THE CONTINUED MEETING AT 8:30 ON JUNE 29 AS PRESENTED. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE UPDATED THE COUNCIL THAT THE WATER LINE HAS NOW BEEN MOVED ON DUQUOIN STREET IN FRONT OF THE POST OFFICE. WORK WILL BEGIN SOON TO INSTALL A BLOCK AND A HALF OF SEWER LINE ON WEST CHURCH STREET. THE INTERCEPTOR LINE IS STILL PLANNED TO BE BID OUT IN AUGUST WITH WORK BEGINNING IN NOVEMBER.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE RESOLUTION 10-12 ACCEPTING THE MATERIALS BID TOTALING $105,784.82 FROM ILLINI ASPHALT FOR THE 2010 MFT MAINTENANCE PROGRAM. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT UPDATED THE COUNCIL THAT CONCRETE HAS NOW BEEN POURED ON AROUND NINETY PERCENT OF THE SOUTHBOUND LANE ON DUQUOIN STREET. THE STREET DEPARTMENT IS ALSO BEGINNING THE SUMMER MAINTENANCE ROADWORK.

COMMISSIONER MILLER PRESENTED AND MADE THE MOTION TO APPROVE TO HIRE CHRISTINE PHILLIPS TO REPLACE DENNIS LAMPLEY AS ADMINISTRATIVE ASSISTANT IN THE POLICE DEPARTMENT, RETROACTIVE TO JUNE 17. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER PRESENTED AND MADE THE MOTION TO APPROVE RESOLUTION 10-13 ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM, A STANDARDIZED POLICY TO DEAL WITH DISASTERS. NIMS ALLOWS THE CITY TO MAINTAIN CONTROL OF THE GOVERNMENT FUNCTION IN CASE OF DISASTER. COMPLIANCE WITH THIS POLICY IS ALSO NECESSARY IN ORDER TO OBTAIN VARIOUS GRANTS. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER UPDATED THE COUNCIL ON THE ONGOING RESEARCH INTO THE PROPOSED CREATION OF A DIRECTOR OF PUBLIC SAFETY POSITION. MEETINGS HAVE BEEN HELD TO IDENTIFY STRENGTHS AND WEAKNESSES OF THE PROPOSAL. DISCUSSIONS HAVE ALSO BEEN HELD WITH PERSONNEL IN THE FIRE AND POLICE DEPARTMENTS, THE BOARD OF FIRE AND POLICE COMMISSIONERS AND BOARD ATTORNEY JEFF TROUTT. MILLER WILL REPORT BACK TO THE COUNCIL AT THE NEXT MEETING.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE MONTHLY BILLS AS FOLLOWS: GENERAL FUND IN THE AMOUNT OF $64,265.88; WATER AND SEWER FUND IN THE AMOUNT OF $95,383.70; AND OTHER FUNDS IN THE AMOUNT OF $75,383.62. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE JULY 9 FOR THE GENERAL FUND IN THE AMOUNT OF $52,711.63 AND THE WATER AND SEWER FUND IN THE AMOUNT OF $26,356.96. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE SEWER ADJUSTMENT APPLICATIONS FOR POOLS FOR ROBERT SMITH AT 302 EAST BOND; ROBERT WEIR AT 1401 NORTH MAIN STREET; AND MARY WYANT AT 412 SOUTH STOTLAR.. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO DISALLOW A SEWER ADJUSTMENT APPLICATION FOR POOLS FOR KATHEE FRAILEY AT 605 EAST MCKINLEY AS THE POOL IS NOT IN COMPLIANCE WITH CITY ORDINANCE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE A REQUEST FROM THE CHAMBER OF COMMERCE FOR $2,500.00 FOR CHRISTMAS DECORATIONS. THIS AMOUNT HAS BEEN INCLUDED IN THE BUDGET. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER REPORTED THAT A FEW RESIDENTS HAVE QUESTIONED COUNCIL DECISIONS THROUGH LETTERS TO THE EDITOR OF THE BENTON EVENING NEWS AND PROPOSED THAT AN INFORMATIONAL MEETING BE HELD FOR THE SOLE PURPOSE OF ADDRESSING ANY QUESTIONS MEMBERS OF THE PUBLIC MAY HAVE. MAYOR KRAFT AGREED BUT ALSO STATED THAT ANYONE IS WELCOME TO ATTEND ANY MEETING TO LISTEN AND ASK QUESTIONS AT THAT TIME. COMMISSIONER WEBSTER MADE THE MOTION TO HOLD A SPECIAL MEETING AT 7:30 ON MONDAY EVENING, JULY 19, SPECIFICALLY OPEN TO THE PUBLIC FOR COMMENTS AND QUESTIONS. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT REPORTED THAT A JOINT MEETING IS SCHEDULED ON MONDAY EVENING, JULY 19, AT 6:00 WITH THE WEST CITY TRUSTEES. A PRESENTATION WILL BE GIVEN BY JAMES PONA AND ASSOCIATES ON THE FEASIBILITY STUDY FOR DEVELOPMENT OF THE FRONTAGE ROAD AT THE AIRPORT PROPERTY.

MAYOR KRAFT PRESENTED THAT BIDS FROM FOUR CONTRACTORS WERE SUBMITTED FOR DEMOLITION OF THE HOUSE AND BARN AT 1503 NORTH MAIN STREET. BIDS WERE OPENED AND READ AS FOLLOWS: SUMMERS CRANE AND CONSTRUCTION - $5,800.00 FOR THE HOUSE, $7,500.00 FOR THE BARN, AND $11,500.00 FOR BOTH HOUSE AND BARN; EARTH SERVICES - $8,236.00 FOR THE HOUSE, $3,625.00 FOR THE BARN, AND $9,625.00 FOR BOTH HOUSE AND BARN; A.P. EXCAVATING - $5,860.00 FOR THE HOUSE, $3,000.00 FOR THE BARN, AND $8,860.00 FOR BOTH HOUSE AND BARN; AND AL ACOSTA JR. - $5,200.00 FOR THE HOUSE, $6,200.00 FOR THE BARN, AND $11,400.00 FOR BOTH HOUSE AND BARN. ALL BIDS WILL BE REVIEWED AND THE WINNING BIDS AWARDED LATER IN THE MEETING.

MAYOR KRAFT REPORTED THAT THE CITY WAS TURNED DOWN FOR A PREVIOUS ILLINOIS TRANSPORTATION ENHANCEMENT PROGRAM GRANT FOR A LANDSCAPING AND STREETSCAPING PROJECT FROM THE CAR MUSEUM ACROSS MAPLE STREET TO THE JAIL MUSEUM. THE GRANT IS AGAIN BEING APPLIED FOR AND A PUBLIC HEARING MUST BE SCHEDULED. COMMISSIONER WEBSTER MADE THE MOTION TO APPLY FOR THE ITEP GRANT AND SET THE PUBLIC HEARING ON JULY 26 AT 6:30. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

UNDER OLD BUSINESS, COMMISSIONER MILLER REPORTED THAT HE REVIEWED FORMER FIRE CHIEF MICKEY MARSHALL’S TIME SHEETS FOR 2007, 2008, AND 2009 AND HAS DETERMINED THAT MARSHALL RECEIVED ALL VACATION TIME HE WAS DUE TO RECEIVE. MILLER ALSO NOTED THAT HE MADE NUMEROUS ATTEMPTS TO CONTACT MARSHALL BY PHONE AND HAS NOT RECEIVED A CALL BACK TO DATE.

UNDER NEW BUSINESS, COMMISSIONER MILLER PRESENTED ACTIVITY REPORTS FROM THE POLICE CHIEF AND FIRE CHIEF FOR EACH DEPARTMENT.

COMMISSIONER WEBSTER REPORTED THAT THE STATE IS NOW BEHIND FIVE MONTHS ON PAYMENT OF STATE INCOME TAXES. WEBSTER ALSO NOTED THAT THE CITY HAS SPENT $81,435.00 MORE THAN WE HAVE TAKEN IN THIS FISCAL YEAR.

COMMISSIONER MILLER MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF POSSIBLE ACQUISITION AND/OR SALE OF REAL ESTATE; DISCUSSION OF POSSIBLE AND/OR PENDING LITIGATION; 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 BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

TIME: 7:34

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

TIME: 8:47

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

TIME: 8:47

COMMISSIONER WEBSTER MADE THE MOTION TO ACEEPT THE BID OF $5,800.00 FOR DEMOLITION OF THE HOUSE AT 1503 NORTH MAIN STREET FROM SUMMERS CONSTRUCTION. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER MADE THE MOTION TO ACCEPT THE BID OF $3,000.00 FOR DEMOLITION OF THE BARN AT 1503 NORTH MAIN STREET FROM A. P. EXCAVATING. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER MADE THE MOTION TO DIRECT THE CITY ATTORNEY TO AMEND THE ORDINANCE PERTAINING TO SPECIAL USE PERMITS AT TWIN OAKS TO INCLUDE ANY LIQUOR LICENSE HOLDER LICENSED BY THE STATE OF ILLINOIS. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

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

TIME: 8:50

Laura Auten, City Clerk