MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, OCTOBER 26, 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. THOSE PRESENT WERE COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, COMMISSIONER WEBSTER AND MAYOR KRAFT.

COMMISSIONER WEBSTER MADE THE MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE REGULAR MEETING AT 7:00 ON OCTOBER 12 AS PRESENTED. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE THE MOTION TO APPROVE PURCHASE ORDER 2448 IN THE AMOUNT OF $1,271.00 TO H. D. SUPPLY FOR METER HEADS. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE THE MOTION TO APPROVE A PROPOSAL FROM LIPE AND ASSOCIATES FOR $8,400.00 TO BEGIN AERIAL PHOTOGRAPHY MAPPING IN PREPARATION FOR THE FUTURE WASTEWATER TREATMENT PLANT. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE THE MOTION TO APPROVE TWO RIGHT-OF-WAY EASEMENTS FOR DENNIS SUMMERS AND ROBERT AND CYNTHIA BRITTON FOR A PREVIOUSLY INSTALLED WATER LINE ON SUMMERS ROAD. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT REPORTED THAT PLANS FOR CROSS SECTIONS FOR NORTH DUQUOIN STREET REMAIN TO BE COMPLETED AND THE PROJECT WILL BE READY TO BID OUT IN THE NEAR FUTURE.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE OCTOBER 16 FOR THE GENERAL FUND IN THE AMOUNT OF $52,312.63; THE WATER AND SEWER FUND IN THE AMOUNT OF $27,009.77; AND CROSSING GUARDS IN THE AMOUNT OF $340.40. 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 ADJUSTMENTS FOR MIKE POOLE AT 803 NORTH MCLEANSBORO STREET AND DOROTHY HARRELL AT 811 NORTH MADISON STREET. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH PRESENTED AN INTERGOVERNMENTAL AGREEMENT WITH BENTON CONSOLIDATED HIGH SCHOOL CONCERNING THE INDUSTRIAL TIF. THE HIGH SCHOOL HAS THE RIGHT TO PROTEST THE DEVELOPMENT OF THE TIF AND THEY HAVE OPTED NOT TO DO THIS IN EXCHANGE FOR A PAYMENT OF EIGHT PERCENT OF THE TIF INCREMENT FOR THE LIFE OF THE TIF, BEGINNING WITH 2010 TAXES AND PAYABLE IN 2011, WITH A CAP OF $62,500.00 PER YEAR. THE FUNDS WILL BE USED FOR INDUSTRIAL AND VOCATIONAL PROGRAMS AT THE HIGH SCHOOL. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THE INTERGOVERNMENTAL AGREEMENT SUBJECT TO THESE CHANGES BEING MADE: SPELLING ERRORS; A CORRECTION IN THE NAME OF THE CHECKING ACCOUNT USED TO IJRL TIF #2; A CHANGE ON PAGE 4 FROM 120 DAYS TO SUBJECT TO RECEIPT OF AUDIT; AND THAT THE SPECIAL ACCOUNT CREATED BE OPENED BY THE TREASURER INSTEAD OF THE CLERK. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH REPORTED THAT THE MAYOR WAS ASKED TO EXECUTE A COLLATERAL ASSIGNMENT AGREEMENT CONCERNING THE DOWNTOWN BONAN TIF AND IT WILL NOT BE SIGNED BECAUSE THE ASSIGNMENT DID NOT DEAL DIRECTLY WITH THE TIF NOTE OR WOOD BUILDING BUT WAS COLLATERAL ON NON-RELATED PROPERTY.

MAYOR KRAFT PRESENTED ORDINANCE 09-35 FOR AMENDMENT TO THE ENTERPRISE ZONE INTERGOVERNMENTAL AGREEMENT AND ORDINANCE 09-36 AMENDING ORDINANCE 1251 TO ALTER THE TERMINATION DATE OF THE BENTON/FRANKLIN COUNTY ENTERPRISE ZONE. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED RESOLUTION OF SUPPORT 09-20 FOR EXPANSION OF THE I-57 CORRIDOR FROM I-64 TO I-24. THE PROJECT IS SEVERAL YEARS IN THE FUTURE AND WILL COST APPROXIMATELY $300 MILLION. COMMUNITIES FROM MT. VERNON TO MARION ARE BEGINNING THE PROCESS OF GATHERING SUPPORT FOR THIS PROJECT. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT REPORTED THAT HE HAS RECEIVED A PROPOSAL FROM DIRECT ENERGY TO BE AN ALTERNATE ENERGY SUPPLIER FOR THE CITY AT A CONSIDERABLE SAVINGS. THE SUPPLIER ACTS AS A BROKER TO SELL THE ELECTRICITY BUT AMEREN’S INFRASTRUCTURE WOULD STILL BE USED. KRAFT WOULD LIKE THE COUNCIL TO CONSIDER THIS PROPOSAL AND SAID THE REPRESENTATIVE WILL BE ASKED TO COME TO THE NEXT COUNCIL MEETING TO ANSWER ANY QUESTIONS. ANOTHER COMPANY HAS ALSO CONTACTED KRAFT AND MAY SUBMIT A PROPOSAL FOR CONSIDERATION.

MAYOR KRAFT REAPPOINTED LISA STEARNS TO THE FIRE PENSION BOARD FOR A THREE-YEAR TERM. COMMISSIONER WYANT MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT REPORTED THAT HE AND ATTORNEY MALKOVICH HAVE MET WITH THE INDIVIDUALS IN THE PROCESS OF PURCHASING THE LAKE BENTON BAPTIST CAMP REGARDING THE TERMS FOR THE RENT OR LEASE OF TWIN OAKS. THEY ARE REQUESTING TO RENT OR LEASE THE TWIN OAKS BUILDING FOR A FIVE-YEAR TERM AND USE THE BUILDING FOR A DINING HALL FOR THEIR CAMP PRIMARILY DURING THE SUMMER MONTHS. THEY HAVE AGREED TO MAKE IT AVAILABLE FOR THE PUBLIC TO RENT WHENEVER POSSIBLE AND ALSO PAY UTILITIES AND MAINTAIN THE GROUNDS. A LENGTHY DISCUSSION OF THE RENTAL AMOUNT TO CHARGE PER MONTH WAS HELD. THE COUNCIL WILL CONSIDER THIS ISSUE AND DISCUSS FURTHER AT THE NEXT MEETING.

UNDER OLD BUSINESS, COMMISSIONER MILLER REPORTED THAT THE POLICE AND FIRE COMMISSION MERIT BOARD HAS BEEN WORKING WITH THE TOP CANDIDATE ON THE ELIGIBILITY LIST AS DIRECTED BY THE COUNCIL TO FILL THE FIREFIGHTER POSITION. HE HAS COMPLETED AND PASSED THE MAJORITY OF THE REQUIRED TESTS AT THIS POINT. COMMISSIONER MILLER MADE THE MOTION TO ACCEPT THE RECOMMENDATION OF THE POLICE AND FIRE MERIT BOARD FOR THE HIRING OF THIS CANDIDATE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER MADE THE MOTION TO SET A PUBLIC HEARING FOR NOVEMBER 9 AT 6:30 AS REQUIRED FOR THE AG ENERGY GRANT APPLICATION THROUGH DCEO. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

UNDER NEW BUSINESS, COMMISSIONER WEBSTER INFORMED THE COUNCIL THAT THE TAX LEVY FOR NEXT YEAR WILL BE PRESENTED AT THE NEXT MEETING AND HE IS PROPOSING AN OVERALL INCREASE OF FIVE PERCENT TO BE ADDED TO THE POLICE PENSION FUND.

COMMISSIONER WEBSTER REPORTED THAT WHEN AN EMPLOYEE IS OFF WORK THREE DAYS OR MORE, THE CITY TREASURER MUST BE NOTIFIED IN ORDER FOR HER TO SEND APPROPRIATE FMLA PAPERWORK TO THE EMPLOYEE. ATTORNEY MALKOVICH RECOMMENDED THAT HE, WEBSTER AND TREASURER STEARNS MEET WITH DEPARTMENT HEADS TO REVIEW THE FMLA POLICY.

MAYOR KRAFT REQUESTED THAT ZONING ADMINISTRATOR PAULA GALLOWAY START THE DEMOLITION PROCESS AT THE HOME LOCATED ADJACENT TO INDUSTRIAL PARK II.

COMMISSIONER WEBSTER MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF 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. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

TIME: 8:07

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

TIME: 8:25

UNDER OLD BUSINESS, COMMISSIONER MILLER MADE THE MOTION TO REOPEN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BENTON, FIRE DEPARTMENT AND THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, THE SOUTHERN AND CENTRAL ILLINOIS LABORERS’ DISTRICT COUNCIL AND LABORERS’ LOCAL 773 FOR SPECIFICALLY LOOKING AT THE APPENDIX “A” WAGE SCHEDULE AND IDENTIFYING AND LOOKING AT YEARS 0-5 ONLY OF THE WAGE SCHEDULE. SECOND BY COMMISSIONER WEBSTER. 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 MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

TIME: 8:27

Laura Auten, City Clerk