MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, OCTOBER 13, 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 AT 7:00 ON SEPTEMBER 22, 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 2192 IN THE AMOUNT OF $4,812.00 TO ROYAL PAPER INC. FOR SEWER PLANT DEGREASER AND DIGITALIS; PURCHASE ORDER 2123 IN THE AMOUNT OF $1,242.40 TO H. D. SUPPLY FOR WATER METER HEADS AND RINGS; AND PURCHASE ORDER 2194 IN THE AMOUNT OF $3,050.00 TO RISTER BROTHERS EQUIPMENT FOR A 30 DAY TRACTOR RENTAL FOR SEWER PLANT SLUDGE INJECTION. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE A MOTION TO APPROVE THE FINAL PAY ESTIMATE TO E. T. SIMONDS CONSTRUCTION CO. IN THE AMOUNT OF $20,484.39 FOR THE 2008 OVERLAY PROJECT. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WYANT PRESENTED AND MADE A MOTION TO APPROVE A CHANGE ORDER IN THE AMOUNT OF $11,388.18 FOR THE 2006 JOPLIN STREET PROJECT. 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 BID OUT A NEW 2008 OR 2009 THREE-QUARTER TON PICKUP TRUCK THROUGH THE STATE PROGRAM. THIS WILL REPLACE AN 89 DODGE PICKUP WITH TRANSMISSION PROBLEMS AND WILL BE PAID FOR 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 TO POUR A 25’ X 15’ X 6” CONCRETE PAD TO WASH VEHICLES AT THE STREET BARN AT AN ESTIMATED COST OF $705.50. 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 TO REDO THE TILE WITH A BOX CULVERT AT THE INTERSECTION OF MARTIN AND COMMERCIAL STREETS DUE TO PROBLEMS WITH WATER BACKUP. WYANT HAS RECEIVED AN ENGINEER’S ESTIMATE FOR THIS PROJECT TO BE $2,000.00. 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 THAT A WRITTEN NOTICE OF LAYOFF EFFECTIVE OCTOBER 31, 2008 BE SENT TO EMPLOYEE DALE WATKINS IN THE STREET DEPARTMENT. THE LAYOFF IS DUE TO ANOTHER EMPLOYEE RETURNING FROM WORK COMP AND WRITTEN NOTICE MUST BE GIVEN TEN DAYS PRIOR TO THE LAYOFF. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

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

COMMISSIONER WEBSTER PRESENTED MONTHLY BILLS FROM THE GENERAL FUND IN THE AMOUNT OF $63,046.21 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 STATED THAT THIS AMOUNT INCLUDES THE FIRST PAYMENT BACK TO THE WATER AND SEWER DEPARTMENT FOR THE SEWER LINE RUNNING NORTH ON ROUTE 37 IN THE AMOUNT OF $4,500.00.

COMMISSIONER WEBSTER PRESENTED MONTHLY BILLS FROM THE WATER AND SEWER FUND IN THE AMOUNT OF $68,707.69 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 OTHER FUND BILLS IN THE AMOUNT OF $66,700.06 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 A PAY ESTIMATE TO WIGGS EXCAVATING IN THE AMOUNT OF $11,825.60 FOR WORK ON THE WATER LINE AROUND THE HOSPITAL. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE OCTOBER 3 FROM THE GENERAL FUND IN THE AMOUNT OF $50,324.65 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 OCTOBER 3 FROM THE WATER AND SEWER FUND IN THE AMOUNT OF $25,628.12 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 OCTOBER 3 FOR CROSSING GUARDS IN THE AMOUNT OF $312.03 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 REPORTED THAT THIS MONTH WE RECEIVED PAYMENTS OF $3,680.00 FROM THE STREET LIGHT GRANT AND APPROXIMATELY $6,100.00 FROM IDOT, MAKING THE COST TO THE CITY AROUND $2,500.00 FOR A $12,000.00 STOP LIGHT PROJECT.

ATTORNEY MALKOVICH REPORTED ON THE DEPARTMENT OF TREASURY EXAMINATION INTO THE TAX EXEMPT BONDS FOR HERITAGE WOODS. WE HAVE RECEIVED A NOTICE DATED OCTOBER 1 THAT THE EXAMINATION HAS BEEN CLOSED BECAUSE THE INFORMATION REGARDING THE SAME BOND ISSUE HAS ALREADY BEEN PROVIDED TO THE DEPARTMENT BY IHDA AND THERE IS NO NEED FOR DUPLICATION. ST. LOUIS ATTORNEY GARY EBERHARDT PROVIDED ASSISTANCE WITH THIS MATTER.

ATTORNEY MALKOVICH REPORTED ON THE LAWSUIT FILED BY GORBY AND BONTHRON VS. THE BOARD OF EDUCATION DISTRICT NUMBER 47 REGARDING PROPERTY NEAR THE SQUARE IN WHICH THE CITY WAS ALSO NAMED. MALKOVICH HAS CONTACTED THE PLAINTIFF’S COUNCIL AND AGREED THAT THE CITY HAS NO INTEREST IN THE PROPERTY. A MOTION FOR VOLUNTARY DISMISSAL HAS BEEN FILED AND WE ARE WAITING FOR THE JUDGE’S ORDER TO BE SIGNED CLOSING THE MATTER.

MAYOR KRAFT PRESENTED RESOLUTIONS OF SUPPORT 08-14 AND 08-15 FOR CDAP AND IHDA HOUSING REHAB GRANTS. THESE WERE PRESENTED AND APPROVED AT THE SEPTEMBER 22 COUNCIL MEETING AND ARE BEING PRESENTED AGAIN DUE TO AN ERROR IN TIMING. 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.

MAYOR KRAFT PRESENTED RESOLUTION 08-16 IN SUPPORT OF THE PUBLIC SAFETY TAX REFERENDUM FOR A COUNTY AMBULANCE SERVICE. 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.

MAYOR KRAFT PRESENTED A PROCLAMATION DEDICATING OCTOBER AS BENTON ARTS AND HUMANITIES MONTH. COMMISSIONER MILLER 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 REPORTED THAT A MEETING HAS BEEN HELD WITH IDOT AND EDC OVER THE PROPOSED INTERCHANGE NORTH OF THE CURRENT INTERCHANGE. THE COST IS ESTIMATED AT TWENTY MILLION DOLLARS AND THE CITY TYPICALLY PAYS A TWENTY PERCENT MATCH. EDC WILL RECEIVE A LIST OF QUALIFIED ENGINEERS FOR A POSSIBLE FEASIBILITY STUDY.

COMMISSIONER WEBSTER MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OF POSSIBLE ACQUISITION AND/OR SALE OF REAL ESTATE 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: 7:17 P.M.

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

TIME: 8:43P.M.

COMMISSIONER MILLER MADE THE MOTION TO ADOPT THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BENTON AND THE FIRE DEPARTMENT LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA AND LABORERS’ LOCAL 773 WITH THE UNDERSTANDING THAT CORRECTIONS WILL BE MADE ON PAGE SIX REGARDING THE NUMBERING OF ITEMS. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

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: 8:47

Laura Auten, City Clerk