MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, AUGUST 11, 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 PUBLIC HEARING AT 6:30 AND THE REGULAR SESSION AT 7:00 ON JULY 28, 2008 AS PRESENTED. SECOND BY COMMISSIONER MILLER. 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 2181 TO CONERY MANUFACTURING FOR A CONTROL FLOATER IN THE AMOUNT OF $744.00; PURCHASE ORDER 1364 TO MISSOURI MACHINERY FOR REPAIR TO PUMP AT BOWLING ALLEY LIFT STATION IN THE AMOUNT OF $2,800.00; AND PURCHASE ORDER 2183 TO HACH FOR SAMPLER CONTROL UNITS IN THE AMOUNT OF $2,850.00. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER REPORTED THAT HE WOULD DISCUSS CONTRACT NEGOTIATIONS WITH THE FIRE DEPARTMENT DURING EXECUTIVE SESSION.

COMMISSIONER MILLER PRESENTED A RESOLUTION FOR THE B.C.H.S. HOMECOMING PARADE ROAD CLOSURE 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 MONTHLY BILLS FROM THE GENERAL FUND IN THE AMOUNT OF $53,883.28 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 MONTHLY BILLS FROM THE WATER AND SEWER FUND IN THE AMOUNT OF $120,922.60 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 $111,586.39 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 AND MADE THE MOTION TO APPROVE PAYMENT OF $61,519.17 TO WIGGS EXCAVATING AND $3,352.00 TO LAWRENCE A. LIPE AND ASSOCIATES FOR WATER SYSTEM IMPROVEMENTS AND THAT MAYOR KRAFT BE AUTHORIZED TO SIGN THE PERIODIC ESTIMATE FOR PARTIAL PAYMENT ON THIS PROJECT. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE AUGUST 8 FROM THE GENERAL FUND IN THE AMOUNT OF $55,567.81 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 AUGUST 8 FROM THE WATER AND SEWER FUND IN THE AMOUNT OF $26,359.62 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 CARLEY AND CYNTHIA FAULKNER AT 203 NORTH MADISON STREET; WESLEY CONNER AT 902 GLENDALE STREET; AND CATHY NEAL AT 209 WEST SIXTH STREET. SECOND BY COMMISSIONER MILLER. 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 KEVIN JOHNSON AT 311 COMMERCIAL STREET; MICHELLE CZYPRYNSKI AT 607 ELECTION STREET; LONNIE BOWLIN AT 408 EAST CHURCH STREET; RYAN MILLER AT 708 EAST MAIN STREET; AND LEX STEWART AT 612 ½ JOPLIN STREET. ALL POOLS ARE IN COMPLIANCE WITH CITY ORDINANCE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THAT THE LETTER FROM THE BENTON FIRE AND POLICE COMMISSION CONCERNING THE POLICE CONTRACT BE INCLUDED AS PART OF THE MINUTES FOR TONIGHT’S SESSION. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 2. COMMISSIONER WYANT AND COMMISSIONER WEBSTER. NAYS: 3. COMMISSIONER BAUMGARTE, COMMISSIONER MILLER AND MAYOR KRAFT.

ATTORNEY MALKOVICH PRESENTED A DRAFT COPY OF THE FAMILY MEDICAL LEAVE ACT CITY POLICY AND ASKED THAT ANY CONFLICTS OR CORRECTIONS BE BROUGHT TO HIS ATTENTION. FINAL COPIES WILL BE DISTRIBUTED FOR APPROVAL AT THE NEXT COUNCIL MEETING.

ATTORNEY MALKOVICH REPORTED THAT AUCTION SIGNS HAVE BEEN POSTED AT THE LOGAN SCHOOL PROPERTY DUE TO UNPAID BACK TAXES NOT ADDRESSED DURING THE FORECLOSURE. OVER $7,000.00 IS OWED BUT DUE TO THE NEGATIVE VALUE OF THE PROPERTY AND OUR INTENTION TO DEMOLISH THE BUILDING THE FRANKLIN COUNTY TAX TRUSTEE HAS AGREED TO ACCEPT PAYMENT OF $641.00 TO BE PAID IN EXCHANGE FOR THE TAX DEED. COMMISSIONER MILLER MADE THE MOTION TO APPROVE THIS PAYMENT FOR $641.00 ALONG WITH THE CURRENT TAXES THAT ARE NOW DUE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH REPORTED THAT THE RULING IN THE ALBERT SMITH CASE FOUND IN FAVOR OF THE CITY ON ALL COUNTS AND ISSUES. AN APPEAL TO A HIGHER COURT CAN BE FILED BEFORE THE END OF AUGUST.
MAYOR KRAFT REQUESTED THAT ZONING ADMINISTRATOR PAULA SMITH UPDATE PUBLICLY THE DEMOLITION PROCESS STATUS ON ABANDONED AND BURNED OUT HOUSES IN THE CITY. CURRENTLY THE PROCESS ON ONE HAS BEEN COMPLETED, ONE HAS BEEN FORMALLY FILED, AND TITLE WORK AND UPDATED TITLE WORK IS IN PROCESS ON SIX OTHERS. THE TITLE WORK CAN BE COMPLICATED BECAUSE OF TAX LIENS, ESTATE ISSUES AND THE NEED TO TRACK DOWN HEIRS. BURN OUTS TAKE LONGER DUE TO INVESTIGATION AND INSURANCE ISSUES.

MAYOR KRAFT PRESENTED AGAIN THAT AN INDIVIDUAL WANTS TO PURCHASE TWIN OAKS TO BE USED AS A SUMMER HOME. BENTON EVENING NEWS WILL REPORT THAT THE COUNCIL IS CONSIDERING THIS SALE SO THAT FEEDBACK FROM THE PUBLIC CAN BE RECEIVED. ATTORNEY MALKOVICH REPORTED THAT ACCORDING TO ORDINANCE 1044 ISSUED IN 1980, 4/5 OF THE COUNCIL MUST BE IN AGREEMENT TO SELL IN ORDER TO BEGIN THE PROCESS. MAYOR KRAFT REQUESTED THAT THE COUNCIL BE READY TO TAKE ACTION ON THIS ISSUE AT THE NEXT COUNCIL MEETING.

MAYOR KRAFT INFORMED THE COUNCIL THAT A GROUNDBREAKING CEREMONY WILL TAKE PLACE FOR HUNTER’S TRACE SUBDIVISION ON AUGUST 22. HE WILL NOTIFY THE COUNCIL OF THE TIME OF THE EVENT AT A LATER DATE.

COMMISSIONER MILLER MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR 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: 7:37 P.M.

COMMISSIONER WYANT 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: 7:44 P.M.

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 7:48

Laura Auten, City Clerk