MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, JULY 14, 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.

COMMISSIONER WEBSTER MADE A MOTION TO WAIVE READING OF AND APPROVE THE MINUTES FROM THE REGULAR SESSION ON JUNE 23, 2008 AS PRESENTED. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER MADE A MOTION TO WAIVE READING OF AND APPROVE THE MINUTES FROM THE CONTINUED SESSION ON JUNE 27, 2008, AT 8:30 AS PRESENTED, AND THE MINUTES FROM THE SPECIAL COUNCIL MEETING ON JUNE 27, 2008, AT 8:45 AS PRESENTED. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER MILLER ABSTAINED.

COMMISSIONER BAUMGARTE PRESENTED AND MADE A MOTION TO APPROVE PURCHASE ORDER 2118 IN THE AMOUNT OF $1,160.00 TO H. D. SUPPLY CO. FOR METER HEADS; PURCHASE ORDER 2177 TO MISSOURI MACHINERY IN THE AMOUNT OF $1,450.00 FOR REPAIRS TO THE BOWLING ALLEY ROAD LIFT STATION PUMP; AND PURCHASE ORDER 2178 IN THE AMOUNT OF $2,535.00 TO VANDEVANTER ENGINEERING FOR INFLUENT FLOW METER REPAIR, SENSOR AND CORD. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED THE PERIODIC ESTIMATE OF PARTIAL PAYMENT IN THE AMOUNT OF $77,938.01 TO WIGGS EXCAVATING FOR THE WATER SYSTEMS IMPROVEMENTS GRANT. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE ORDINANCE #08-08 FOR AMENDING ORDINANCE 1133, ADOPTED 6/18/1984, PERTAINING TO ALLEY CLOSINGS FOR PROPOSED CVS PROJECT LOCATED AT THE NORTHWEST CORNER OF WEST MAIN AND NORTH DUQUOIN. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER STATED THAT DISCUSSION OF CONTRACT NEGOTIATIONS WITH THE ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL WOULD TAKE PLACE DURING EXECUTIVE SESSION.

COMMISSIONER WEBSTER PRESENTED MONTHLY BILLS FROM THE GENERAL FUND IN THE AMOUNT OF $45,842.46 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 MONTHLY BILLS FROM THE WATER AND SEWER FUND IN THE AMOUNT OF $90,171.57 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 OTHER FUND BILLS IN THE AMOUNT OF $80,294.48 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE JULY 11 FROM THE GENERAL FUND IN THE AMOUNT OF $48,627.79 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 PAYROLL PAYABLE JULY 11 FROM THE WATER AND SEWER FUND IN THE AMOUNT OF $25,139.94 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 JULY 11 FOR THE AUXILIARY POLICE IN THE AMOUNT OF $2,066.25 AND MADE THE MOTION TO APPROVE. 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 SEWER ADJUSTMENTS FOR GODFREY MARINE AT 10231 SUGAR CREEK ROAD AND MICHAEL HALLIDAY AT 700 MANITOU. 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 POOL ADJUSTMENTS FOR NOREEN COOKSEY AT 1011 S. MCLEANSBORO STREET; LISA DARNELL AT 1107 E. BOND STREET; MIKE WINTZ AT 107 W. BOND STREET; GREG DEJARNETT AT 1205 WHISPER WAY; AND JAMES TALLEY AT 1508 N. MAIN STREET. SECOND BY MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO DISALLOW POOL ADJUSTMENTS FOR BETTY MILES AT 519 BURKETT AND DAVID DOLDERER AT 405 W. TAYLOR STREET AS THE POOLS ARE 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 JOB ANALYSIS REPORTS AND PHYSICAL FUNCTION TESTS COMPILED BY SIH WORKCARE ON WATER AND SEWER DEPARTMENT AND STREET DEPARTMENT PERSONNEL. THESE EVALUATIONS ARE TO BE USED FOR PRE-EMPLOYMENT TESTING AND UPON RETURNING TO WORK FROM NON WORK-RELATED INJURY. HE ASKED THAT THEY BE REVIEWED BY THE COMMISSIONERS OVER THESE DEPARTMENTS AND ANY CHANGES OR CORRECTIONS BROUGHT TO HIS ATTENTION WITHIN ONE WEEK. COMMISSIONER BAUMGARTE NOTED THAT HIS DEPARTMENT IS REQUIRED TO OBTAIN A CDL LICENSE AFTER SIX MONTHS OF EMPLOYMENT.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE THAT A PUBLIC HEARING BE HELD ON JULY 28, 2008 AT 6:30 FOR THE PURPOSE OF APPROVING ANNEXATIONS AND/OR AGREEMENTS. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH UPDATED THE COUNCIL THAT HE IS IN THE PROCESS OF COMPLETING THE SALES AGREEMENT FOR THE PURCHASE OF THE TWENTY ACRES NORTH OF INDUSTRIAL PARK II. HE ALSO REPORTED THAT CLOSING ARGUMENTS HAVE BEEN PRESENTED BY BOTH PARTIES IN THE ALBERT SMITH CASE AND THAT THE JUDGE’S RULING IS ALL THAT REMAINS.

MAYOR KRAFT EXPRESSED APPRECIATION TO THE WOMEN OF THE BENTON GARDEN CLUB AND JUDY BEATTY WHO CARE FOR THE FLOWERS AT CAPITOL PARK AND THE MINI-PARK ON THE PUBLIC SQUARE.

MAYOR KRAFT PRESENTED THE FREDCO FUNDING REQUEST IN THE AMOUNT OF $7,250.00 FOR THE SECOND HALF OF 2008, AN INCREASE OF $2,250.00 FROM THE FIRST HALF OF THE YEAR. MAYOR KRAFT PRESENTED A REPORT DETAILING FUNDS COMMITTED BY OTHER AREA CITIES AND STATED THAT FREDCO IS IN THE PROCESS OF PREPARING CDS TO BE DISTRIBUTED THROUGHOUT THE COUNTRY AND IS WORKING DILIGENTLY. COMMISSIONER MILLER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED THE REAPPOINTMENT OF NORMAN CARLILE AS REND LAKE CONSERVANCY DISTRICT TRUSTEE. 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.

MAYOR KRAFT PRESENTED THE OPTION TO PURCHASE REAL ESTATE BY SAFE LOCK STORAGE FOR LOT ONE OF INDUSTRIAL PARK II. 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.

MAYOR KRAFT TABLED THE DISCUSSION AND/OR APPROVAL OF DEFRAYMENT OF 3-PHASE COMMERCIAL ELECTRICAL SUPPLY EXPENSES FOR LIFT STATION TO HUNTER’S TRACE PROJECT PROPERTY. THIS WILL BE PRESENTED AT A FUTURE MEETING.

MAYOR KRAFT REPORTED THAT MIKE WHITTINGTON HAS ASKED TO OBTAIN AN EASEMENT OR PERMISSION FROM THE CITY TO USE THE ROAD NORTH OF BACKWASH ADJACENT TO TEN ACRES OF PROPERTY HE OWNS NEAR LAKE BENTON. WHITTINGTON MADE THE REQUEST IN ORDER TO GAIN ADDITIONAL ACCESS IN CASE OF FUTURE SUBDIVISION OF THE PROPERTY. ATTORNEY MALKOVICH WILL MEET WITH WHITTINGTON TO PREPARE THE NECESSARY LEGAL DOCUMENTS.

UNDER NEW BUSINESS, COMMISSIONER WEBSTER INQUIRED ABOUT THE SEWER BEHIND ACE HARDWARE AND COMMISSIONER BAUMGARTE SAID THAT IT IS READY TO HOOK INTO. COMMISSIONER WEBSTER ALSO REQUESTED THAT METER READERS CONTINUE TO WORK 7:00 TO 4:00 TO BE AVAILABLE FOR ANY NEEDS OF THE WATER DEPARTMENT OFFICE STAFF.

COMMISSIONER WEBSTER 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 WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 7:33 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: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 9:10 P.M.

COMMISSIONER MILLER MADE THE MOTION TO ACCEPT THE TENTATIVE AGREEMENT BETWEEN THE CITY OF BENTON AND THE ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 3. COMMISSIONER BAUMGARTE, MILLER, AND MAYOR KRAFT. NAYS: 2. COMMISSIONER WYANT AND COMMISSIONER WEBSTER.

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

TIME 9:13

Laura Auten, City Clerk