MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, FEBRUARY 23, 2009 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.

JALAYNE LUCKETT FROM CITY AUDIT FIRM GRAY HUNTER STENN WAS IN ATTENDANCE TO ANSWER QUESTIONS AND GIVE A REPORT OF FINDINGS FROM THE CITY’S RECENT ANNUAL AUDIT. LUCKETT RESPONDED TO QUESTIONS AND PRESENTED A SUMMARY OF ASSETS, LIABILITIES, REVENUE AND EXPENSES FOR THE PAST THREE YEARS IN ORDER TO SHOW TRENDS OVER THAT TIME PERIOD. LUCKETT SUMMARIZED THAT THE CITY IS DOING A GOOD JOB IN HOLDING DOWN EXPENSES AND IS ADEQUATELY CAPITALIZED, ESPECIALLY IN COMPARISON TO OTHER MUNICIPALITIES.

COMMISSIONER WEBSTER MADE A MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE REGULAR SESSION AT 7:00 ON FEBRUARY 9, 2009, AS PRESENTED. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER MADE A MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE CONTINUED SESSION AT 8:30 A.M. ON FEBRUARY 12, 2009, AS PRESENTED. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 3. COMMISSIONERS MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. ABSTAINED: 2. COMMISSIONERS BAUMGARTE AND WYANT.

COMMISSIONER BAUMGARTE PRESENTED PURCHASE ORDER 2130 IN THE AMOUNT OF $2,995.29 TO VANDERVANTER ENGINEERING FOR A PUMP AT THE LAGOON LIFT STATION AND PURCHASE ORDER 2203 IN THE AMOUNT OF $685.64 TO VANDERVANTER ENGINEERING FOR AN ELECTRIC MOTOR FOR THE SEWER PLANT. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED FOR APPROVAL A MATERIALS BID FOR A ONE-TIME PURCHASE PRICE OF $1,844.24 FROM IMCO UTILITY SUPPLY FOR THE PERIOD OF 3/1/09 TO 3/1/10. THE MATERIALS CONSIST OF 37 DIFFERENT PARTS USED REGULARLY BY THE WATER DEPARTMENT AND WERE BID OUT TO TWO DIFFERENT COMPANIES. A BID WAS ALSO RECEIVED BY H. D. SUPPLY FOR $2,917.16. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE REPORTED THAT A TRUCK BELONGING TO THE WATER DEPARTMENT HAS BLOWN AN ENGINE AND NEEDS TO BE DISPOSED OF. COMMISSIONER MILLER PRESENTED THAT TWO VEHICLES FROM THE FIRE DEPARTMENT ARE SURPLUS AND ALSO NEED TO BE DISPOSED OF. COMMISSIONER BAUMGARTE MADE THE MOTION TO APPROVE TO ADVERTISE FOR THE SALE OF THE SURPLUS EQUIPMENT AS FOLLOWS: AN 89 DODGE PICKUP FROM THE WATER DEPARTMENT AND A 1994 FORD CROWN VICTORIA AND A 1989 GMC SUBURBAN FROM THE FIRE DEPARTMENT. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE RESOLUTION 09-02 ACCEPTING THE PROPOSAL TO FURNISH MATERIALS FOR SURFACING MATERIALS IN THE AMOUNT OF $10.29 PER TON FOR 1,500 TONS OF ROCK TO BEELMAN TRUCKING. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE PAYROLL PAYABLE FEBRUARY 20 AS FOLLOWS: GENERAL FUND IN THE AMOUNT OF $50,306.31; WATER AND SEWER FUND IN THE AMOUNT OF $26,743.01; AND CROSSING GUARDS IN THE AMOUNT OF $204.23. 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 CONNIE PATTON AT 301 EAST WEBSTER STREET AND LESTER TUPPER AT 435 WEST CHURCH STREET. BOTH ARE DUE TO WATER LEAKS THAT DID NOT GO DOWN THE SEWER. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED THAT ZONING ADMINISTRATOR GALLOWAY HAS THE SPECIFICATIONS FOR MOWING PREPARED AND MADE THE MOTION TO APPROVE TO ADVERTISE FOR BIDS TO BE OPENED AT THE REGULAR SESSION AT 7:00 ON MARCH 23. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH REPORTED THAT THE NOTE ON THE WOOD BUILDING PERTAINING TO THE TRANSFER OF OWNERSHIP FROM EDMISON TO BONAN WILL CLOSE ON FRIDAY MORNING AND WE SHOULD HAVE A COPY OF ALL FINAL PAPERWORK NEXT WEEK.

ATTORNEY MALKOVICH STATED THAT AN ATTORNEY WITH OUR INSURANCE COMPANY IS WORKING WITH AN ATTORNEY REPRESENTING AG ENERGY AND/OR THEIR INSURANCE COMPANY ON THE MATTER PERTAINING TO DAMAGE TO THEIR LINE AT THE BUSINESS LOCATION AT INDUSTRIAL PARK II.

ATTORNEY MALKOVICH REPORTED THAT HE AND THE MAYOR MET WITH MIKE WEBER AND OTHER INDIVIDUALS ON THE INDUSTRIAL TIF TO TALK ABOUT WAYS TO POSSIBLY ASSIST THE TAXING BODY OF THE HIGH SCHOOL DISTRICT. MALKOVICH HAS RESEARCHED DIFFERENT TYPES OF AGREEMENTS BY OTHER COMMUNITIES AND RECOMMENDS THAT THE COUNCIL CONSIDER GIVING A PERCENTAGE OF THE INDUSTRIAL TIF PROCEEDS TO A VOCATIONAL PROGRAM AT THE HIGH SCHOOL TO ASSIST STUDENTS IN JOB PREPARATION.

MAYOR KRAFT PRESENTED MINUTES FROM THE ZONING BOARD OF APPEALS REGARDING THE TOWER AT INDUSTRIAL PARK. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THE MINUTES AS PRESENTED. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT REPORTED THAT BANNERS HAVE BEEN PLACED ALONG MAIN STREET BUT NONE ARE ON THE SQUARE. THE BANNERS WILL BE THE SAME AS ON MAIN STREET EXCEPT THAT THE ADDRESSES WILL NOT BE PLACED AT THE BOTTOM. THEY SHOULD BE SUITABLE TO BE USED FOR SEVERAL YEARS. HE HAS OBTAINED A PRICE ON EIGHTEEN BANNERS FROM THREE DIFFERENT COMPANIES AND ALL STARS AND STITCHES HAS QUOTED THE LOWEST COST AT SLIGHTLY OVER $1,200.00. THE OTHER BIDS OBTAINED WERE FOR $2,400.00 AND $2,350.00. COMMISSIONER WYANT MADE THE MOTION TO APPROVE ACCEPTING THE BID FROM ALL STARS AND STITCHES. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED RICK KNIGHT FROM THE CIVIC CENTER AUTHORITY BOARD, WHO WAS PRESENT TO ANSWER QUESTIONS REGARDING THE POSSIBLE ISSUANCE OF A LIQUOR LICENSE FOR THE CIVIC CENTER. THE ENTIRE BOARD HAS NOT MET BUT THE OFFICERS FEEL THAT IT IS IN THEIR BEST INTEREST TO PURSUE A LICENSE FOR THE FACILITY. KNIGHT EMPHASIZED THAT THEIR INTENT IS TO GAIN FURTHER CONTROL OF ALCOHOL USAGE AT THE FACILITY AND THAT THE BOARD WOULD ALSO MAINTAIN CONTROL OVER WHAT TYPE OF EVENTS ARE APPROPRIATE FOR ALCOHOL TO BE AVAILABLE. THE CIVIC CENTER WOULD NOT BE STOCKED WITH ALCOHOL BUT A VENDOR WOULD BE USED ON AN EVENT-BY-EVENT BASIS. A NEW CLASS OF LICENSE WOULD BE CREATED FOR THE CIVIC CENTER AND THE BOARD WILL ALSO CREATE ITS OWN IN-HOUSE RULES. COMMISSIONER WYANT MADE THE MOTION TO CREATE A NEW LIQUOR LICENSE CLASS SUBJECT TO ATTORNEY MALKOVICH RESEARCHING AUTHORITY BOARD STATUTES TO BE SURE IT CAN BE DONE. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 1. COMMISSIONER BAUMGARTE.

ROSEMARY BANGS WAS IN ATTENDANCE TO REQUEST THAT ADDITIONAL BOARDERS BE ALLOWED AT HER RESIDENCE AT 603 WEST REED. SHE SAID THAT ZONING ADMINISTRATOR PAULA GALLOWAY HAS ISSUED CITATIONS FOR ZONING VIOLATIONS TO HER IN THE PAST. MAYOR KRAFT STATED THAT ZONING REGULATIONS FOR THAT AREA DO NOT ALLOW FOR ROOMERS THAT ARE NOT FAMILY MEMBERS AND ADDITIONAL REGULATIONS EXIST FOR A BOARDING HOUSE. GALLOWAY WAS NOT PRESENT BUT BANGS WAS INVITED TO ATTEND THE NEXT MEETING SO THAT SHE COULD ANSWER HER QUESTIONS.

COMMISSIONER WEBSTER 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 LITIGATIONS; 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; DISCUSSION OF POSSIBLE EXTENSION OF CITY CONTRACT(S); AND DISCUSSION OF LOCAL 318 UNION NEGOTIATIONS. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 7:44

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

TIME: 8:30

COMMISSIONER WEBSTER MADE THE MOTION TO EXTEND THE WASTE REMOVAL CONTRACT WITH BULLDOG SYSTEMS FOR THREE YEARS AS PER TERMS OF BID SPECIFICATIONS UNDER PARAGRAPH 25 OF THE LAST CONTRACT. THE NEW CONTRACT WILL TAKE EFFECT IN MAY. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. A RESOLUTION FOR TRASH SERVICE FEES WILL BE PRESENTED AT THE NEXT COUNCIL MEETING.

COMMISSIONER MILLER MADE THE MOTION TO ALLOW ATTORNEY MALKOVICH, UPON CREATION OF THE INDUSTRIAL TIF, TO NEGOTIATE WITH THE HIGH SCHOOL DISTRICT CONCERNING PAYMENT OF A PERCENTAGE AND MAXIMUM PAYOUT TO FUND A VOCATIONAL PROGRAM AT THE HIGH SCHOOL. SECOND BY COMMISSIONER BAUMGARTE. 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 WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:38

Laura Auten, City Clerk