MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY OCTOBER 08, 2007 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.

COMMISSIONER WEBSTER MADE A MOTION TO APPROVE THE PUBLIC MEETING AND THE REGULAR SESSION MINUTES FROM THE LAST COUNCIL MEETING HELD SEPTEMBER 24, 2007, AS PRESENTED. SECOND WAS MADE BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED PURCHASE ORDER 002100 FROM FB MCAFOOS IN THE AMOUNT OF $699.99 FOR A CHOP SAW AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED PURCHASE ORDER 002098 FROM IMCO IN THE AMOUNT OF $10,687.00 FOR PIPE AND MATERIALS TO RUN A LARGER LINE FROM ILLINOIS AVENUE TO PARK STREET AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED PURCHASE ORDER 002098 FROM HENRY MOORE EXCAVATING IN THE AMOUNT OF $5,000.00 FOR THE ILLINOIS AVENUE AND PARK SEWER LINE PROJECT TO BORE AND PUSH THE LINE UNDER THE ROAD AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0

COMMISSIONER BAUMGARTE PRESENTED THAT THE PROMOTER OF THE BLUES FESTIVAL WAS IMPRESSED WITH THE GROUNDS AT TWIN OAKS AND WOULD LIKE TO HAVE AN AGREEMENT FOR 5 MORE YEARS. DISCUSSION FROM THE COUNCIL WAS TO SEE IF HE WOULD CONSIDER YEAR BY YEAR OR A 3 YEAR AGREEMENT. COMMISSIONER BAUMGARTE WILL MEET WITH THE PROMOTER ON THIS TO SEE WHAT CAN BE WORKED OUT.

COMMISSIONER BAUMGARTE WANTED TO GO ON RECORD AND THANK FARRELL WINEMILLER, ED DOTY, AND FW ELECTRIC FOR ALL THEY DID FOR THE CITY OF BENTON AND THE BLUES FESTIVAL. THEIR DONATIONS OF ELECTRICAL WORK WAS GREATLY APPRECIATED.

COMMISSIONER BAUMGARTE PRESENTED FOR APPROVAL OF HIRING JUSTIN WYANT FOR TEMPORARY FULL TIME FOR 120 DAYS WITH FULL BENEFITS AS PER CONTRACT STARTING OCTOBER 09, 2007 AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED FOR APPROVAL THE WATER SYSTEM IMPROVEMENT BID FOR PARK, LINCOLN, DELLA, AND FRANKLIN STREET IN THE AMOUNT OF $221,468.00 FROM WIGGS EXCAVATING, INC. AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER PRESENTED FOR APPROVAL CHANGES IN THE BURN ORDINANCE 99-41. DISCUSSION WAS TO CHANGE WORDING FOR THE UNDERSTANDING OF BURN TIME FROM SUN UP TO SUN DOWN. ATTORNEY COX WILL WORK ON THE ORDINANCE FOR THE NEXT MEETING.

COMMISSIONER WEBSTER PRESENTED THAT TIME RAN SHORT TO GET THE MONTHLY BILLS READY FOR APPROVAL. THE MEETING WILL CONTINUE ON FRIDAY ,OCTOBER 12, 2007 AT 8:30 AM.

COMMISSIONER WEBSTER PRESENTED PAYROLL FOR THE GENERAL FUND PAYABLE OCTOBER 05, 2007 IN THE AMOUNT OF $44,865.47 AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL FOR THE WATER AND SEWER DEPARTMENT PAYABLE OCTOBER 05, 2007 IN THE AMOUNT OF $23,873.75 AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL FOR THE CROSSING GUARDS PAYABLE OCTOBER 05, 2007 IN THE AMOUNT OF $334.73 AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED SEWER ADJUSTMENT FOR ROBERT BROWN AT 903 GRAND STREET AND MADE THE MOTION TO TURN DOWN THE APPLICATION. MR. BROWN SAID HE HAD A WATER VALVE IN THE GARAGE LEAKING INTO THE DRAIN AND DIDN’T NOTICE THE LEAK UNTIL IT MADE THE BACK YARD WET. ONE OF THE CONDITIONS OF GETTING AN ADJUSTMENT IS THAT WATER DOES NOT GO DOWN THE DRAIN. SECOND WAS MADE BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED SEWER ADJUSTMENT ORDINANCE 07-61 AND MADE THE MOTION TO ACCEPT. THE MAIN CHANGES ARE THE MAIN WAY A PERSON WOULD GET A SEWER ADJUSTMENT IS THAT THE WATER LOSS MUST NOT HAVE RUN, IN WHOLE OR IN PART, THROUGH THE BENTON SEWER SYSTEM. THE CLAIM FOR THE SEWER ADJUSTMENT MUST BE MADE WITHIN 45 DAYS OF LOSS. APPLICANT MUST CERTIFY, BY THEIR SIGNATURES, THAT THE LOSS DID NOT GO INTO DRAIN THEY CAN HAVE ONE ADJUSTMENT PER CALENDAR YEAR. THE ADJUSTMENT MAY BE MADE AND PRO-RATED FOR UP TO AND INCLUDING A SIX WEEKS BILLING CYCLE. SECOND WAS MADE BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED THE PROPOSED TAX LEVY SUMMARY. LAST YEARS TAX LEVY HAD $1,950.00 FOR EMERGENCY SERVICES. THAT PAID FOR 3 CELL PHONES THAT WE CANCELLED AND ONE LAND LINE THAT HAD NOT BEEN USED FOR THE LAST 5 TO 7 YEARS. CHIEF MARSHALL AGREED THAT WE COULD DO WITHOUT THESE LINE ITEMS. THE $1,950.00 WAS ROLLED OVER TO THE POLICE PENSION FUND. ADDED TO THAT AMOUNT WAS $27,478.00,THAT IS A 5% INCREASE OF WHAT THE TAX LEVY WAS LAST YEAR. THIS WILL BRING THE TOTAL UP TO $81,428.00. THE STATE ASSESSMENT FOR BENTON IS $129,000.00 THAT BENTON HAS TO PAY INTO THE POLICE PENSION FUND. THIS IS THE FIRST TIME IN 4 YEARS THAT BENTON HAS INCREASED THE CORPORATE LEVY. AT THE NEXT MEETING THE TAX LEVY WILL BE PRESENTED IN FULL FOR APPROVAL.

COMMISSIONER WEBSTER PRESENTED THAT LIPE & ASSOCIATES HAD REFUNDED TO THE CITY A CHECK IN THE AMOUNT OF $11,197.98. THE CITY WAS UNAWARE OF ANY CONTRACT FOR THE WORK ON FOREST STREET. HOWEVER, LIPE AND ASSOCIATES HAD FORWARDED A SIGNED CONTRACT THAT HAD BEEN SIGNED BY MAYOR PAUL ROGERS ON JULY 16, 2003. LIPE AND ASSOCIATES HAD INCLUDED THIS AMOUNT IN A GRANT FOR WORK DONE ON KENNETH STREET FOR BENTON GRADE SCHOOL DISTRICT. MR. WEBSTER WOULD LIKE TO GO ON RECORD THANKING LARRY LIPE FOR HIS CONSIDERATION IN THIS MATTER AND GETTING THE CITY A REFUND.

MAYOR KRAFT PRESENTED FOR APPROVAL OF ADDING A CLASS E LIQUOR LICENSES FOR TOM AND DOW SMITH. THEY ARE RENOVATING THE WEST SIDE CAFE AND TURNING IT INTO A NOSTALGIA GRILL. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED THAT THE FUNDING FOR FREDCO IS NOT AS CRITICAL AS WHAT IT HAD BEEN. FREDCO WAS OUT OF MONEY, THEY HAD SOME EXPENSES STILL PENDING, FREDCO CALLED ALL THE MAYORS TOGETHER TO LET THEM KNOW WHAT WAS GOING TO HAPPEN, AND WHAT WOULD HAVE TO HAPPEN TO MAKE FREDCO WORK. THEY ARE IN A RESTRUCTURING PHASE. DURING THIS RESTRUCTURING PHASE BOTH THE COUNTY AND WEST FRANKFORT PRESENTED FREDCO WITH A $5000.00 CHECK. THIS WILL KEEP THEM FINANCIALLY STABLE UNTIL THE END OF THE YEAR. THE MONEY WAS NEEDED FOR THE $40,000.00 MARKETING SURVEY THEY WERE WORKING ON. THEY WERE SHORT $10,000.00. PLUS THEY ARE PAYING THE PART TIME ED DIRECTOR $1,800.00 PER MONTH. THIS IS SOMETHING WE DON’T NEED TO ACT ON AT THIS TIME. THEY ARE WORKING ON EXPANDING THE BOARD. WE HAVE TWO IN TOWN, OUR LOCAL EDC AND THE REGIONAL EDC. WHAT WE WOULD LIKE TO DO IS COMBINE BOTH INTO ONE LARGER BOARD,THAT WOULD TAKE CARE OF FRANKLIN COUNTY.

LARRY BIRD PRESENTED ON BEHALF OF THE TRUCK DRIVERS THAT THEY NEED A PLACE TO PARK THEIR TRUCKS WHEN THEY COME HOME FOR A FEW DAYS. SINCE BENTON REPAVED THE INDUSTRIAL PARK ROAD IT HAS BECOME OFF LIMITS TO SEMI PARKING BECAUSE OF THE DAMAGE TO THE ROAD. MR. BIRD HAD MOVED TO THE OLD WAL-MART PARKING LOT AND NOW THEY ARE ASKED TO NOT PARK THERE. MR. BIRD WOULD LIKE TO KNOW IF THE CITY COULD COME UP WITH ANY IDEAS FOR THE TRUCKERS FOR THIS PARKING PROBLEM. MAYOR KRAFT IS LOOKING INTO AN IDEA AT THE LOCAL OLD BEN SHOP TO SEE IF THE NEW TENANTS WOULD LIKE TO RENT A SPACE TO LOCAL TRUCK DRIVERS.

TIME: 7:50

COMMISSIONER WEBSTER MADE A MOTION TO GO INTO EXECUTIVE SESSION TO CONCEDER THE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE OR DISMISSAL OF SPECIFIC EMPLOYEES OR TO HEAR TESTIMONY ON A COMPLAINT LODGED AGAINST AN EMPLOYEE TO DETERMINE ITS VALIDITY. SECOND WAS MADE BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:58

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

COMMISSIONER WEBSTER MADE A MOTION TO HIRE TOM MALKOVICH AS THE CITY ATTORNEY AT $5000.00 PER MONTH STARTING OCTOBER 09, 2007 AND REVIEWED NEXT APRIL. SECOND WAS MADE BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER MADE A MOTION TO CONTINUE THE MEETING ON OCTOBER 12, 2007 AT 8:30 A.M. SECOND WAS MADE BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 9:13

MINUTES OF THE CONTINUED BENTON CITY COUNCIL MEETING HELD MONDAY OCTOBER 12, 2007 AT 8:30 A.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.

COMMISSIONER WEBSTER PRESENTED MONTHLY BILLS FROM THE GENERAL FUND IN THE AMOUNT OF $52,114.23 AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED MONTHLY BILLS FOR THE WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $78,985.21 AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED OTHER FUND BILLS IN THE AMOUNT OF $253,003.85 AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED A BILLS THAT CAME IN LATE IN THE AMOUNT OF $2412.00 AND $108.00 FROM OTTOSEN, BRITZ, KELLY, COOPER, & GILBERT, LTD. FOR THE RAILROAD CROSSING AND MADE THE MOTION TO APPROVE. SECOND WAS MADE BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

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

TIME: 8:14

Ken Walker, City Clerk