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

WILLIAM DILL OF FREDCO WAS IN ATTENDANCE TO PRESENT SITE SELECTOR PACKETS DETAILING SPECIFICATIONS FOR PROPERTIES AT INDUSTRIAL PARK II. THESE WILL BE AVAILABLE TO ENABLE FASTER RESPONSE TO INFORMATION REQUESTS FROM INDUSTRIES INTERESTED IN THESE SITES.

COMMISSIONER WEBSTER MADE THE MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE REGULAR MEETING AT 7:00 ON NOVEMBER 23 AS PRESENTED. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0. ABSTAINED: 1. COMMISSIONER BAUMGARTE.

COMMISSIONER WEBSTER MADE THE MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE SPECIAL MEETING AT 8:30 ON DECEMBER 4 AS PRESENTED. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 3. COMMISSIONERS WYANT, WEBSTER AND MAYOR KRAFT. NAYS: 0. ABSTAINED: 2. COMMISSIONERS BAUMGARTE AND MILLER.

COMMISSIONER BAUMGARTE PRESENTED AND MADE THE MOTION TO APPROVE PURCHASE ORDER 1643 TO KING’S AUTO SALES IN THE AMOUNT OF $1,495.00 FOR A UTILITY TRACTOR TO TRANSPORT MOWING EQUIPMENT. 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 THAT LIPE AND ASSOCIATES BE AUTHORIZED TO APPLY FOR A GRANT FOR FUNDING OF A GRAND-REED WATER MAIN REPLACEMENT. THE TWO LEGS OF THE MAIN EXTEND FROM GRAND TO JOPLIN AND GRAND TO REED STREET. 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 AN ESTIMATE IN THE AMOUNT OF $3,920.00 FROM WIGGS EXCAVATING FOR A DIRECTIONAL BORE ON ROUTE 34 TO CORRECT AN AREA WHERE THE DRAINAGE DITCH HAS BEEN DUG OUT, EXPOSING THE FOUR INCH WATER MAIN. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED PURCHASE ORDER 1345 TO MENARD’S IN THE AMOUNT OF $370.00 FOR A MULTI-FUEL HEATER FOR THE SOUTH BARN OF THE STREET DEPARTMENT. SECOND BY COMMISSIONER BAUMGARTE. 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 09-25 ALLOCATING $200,000.00 FOR THE 2010 MFT PROGRAM. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE THE TRANSFER OF $30,000.00 FROM MFT FUNDS ALLOTTED FOR EQUIPMENT RENTAL TO THE GENERAL FUND TO REIMBURSE FOR PAYMENT ON THE SEAMAN TRACTOR. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT STATED THAT DISCUSSION OF DISCIPLINE AND POSSIBLE DISCHARGE OF CITY EMPLOYEE WOULD BE PRESENTED DURING EXECUTIVE SESSION.

COMMISSIONER WYANT REPORTED ON NEW TRUCK ROUTE REGULATIONS GOING INTO EFFECT IN 2010 AND ALSO THAT BID LETTING FOR NORTH DUQUOIN STREET WILL TAKE PLACE ON JANUARY 15, 2010.

COMMISSIONER WEBSTER PRESENTED MONTHLY BILLS FROM THE GENERAL FUND IN THE AMOUNT OF $69,196.78; THE WATER AND SEWER FUND IN THE AMOUNT OF $68,771.19; AND OTHER FUNDS IN THE AMOUNT OF $68,841.50. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE NOVEMBER 25 FOR THE GENERAL FUND IN THE AMOUNT OF $56,417.51; THE WATER AND SEWER FUND IN THE AMOUNT OF $28,950.04; AND CROSSING GUARDS IN THE AMOUNT OF $289.34. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE DECEMBER 11 FOR THE GENERAL FUND IN THE AMOUNT OF $60,494.66; THE WATER AND SEWER FUND IN THE AMOUNT OF $27,558.64; AND CROSSING GUARDS IN THE AMOUNT OF $347.32. 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 THE APPOINTMENT OF THE CITY CLERK AS FOIA OFFICER. THE DESIGNATION OF AN OFFICER IS PART OF THE REQUIREMENTS OF NEW FREEDOM OF INFORMATION ACT LEGISLATION THAT GOES INTO EFFECT ON JANUARY 1, 2010. 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 RESOLUTION 09-26 FOR REIMBURSEMENT TO THE WATER AND SEWER DEPARTMENT OUT OF TAXES LEVIED FOR THE COST OF INSTALLING SERVICES FOR HUNTERS TRACE SUBDIVISION. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER REPORTED THAT THE PREMIUM FOR CITY HEALTH INSURANCE UNDER THE CURRENT PLAN WOULD INCREASE $8,272.00 PER MONTH BEGINNING IN 2010. WEBSTER HANDED OUT A PROPOSAL WITH AN INCREASE IN DEDUCTIBLE AND OUT OF POCKET EXPENSE. S.C.D. REA INSURANCE AGENTS JOHN AIKEN AND BOB REA ARE ALSO SEEKING ESTIMATES FROM OTHER COMPANIES AND CITY MAY ELECT TO SEEK BIDS. ALL INFORMATION WILL BE PRESENTED AT THE NEXT COUNCIL MEETING FOR FURTHER CONSIDERATION.

ATTORNEY MALKOVICH PRESENTED ORDINANCE 09-40 AMENDING CHAPTER 7 BUSINESS CODE, ARTICLE VI – TAXICABS, REVISED CODE OF ORDINANCES 98-03. CHANGES TO THE ORDINANCE INCLUDE AN UPDATED APPLICATION AND AN INCREASE IN ANNUAL FEE. A CERTIFICATE TO THE TAXI COMPANY AND A DRIVER’S LICENSE TO EACH DRIVER FOR THE COMPANY WILL BE ISSUED BY THE CITY. COMMISSIONER WEBSTER NOTED THAT SECTION 7-6-17 SHOULD INDICATE A FEE AMOUNT PER CERTIFICATE AND NOT PER LICENSE AND MADE THE MOTION TO APPROVE THE ORDINANCE UPON THIS CHANGE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH REPORTED THAT HE WILL WRITE A LETTER TO AMEREN REPRESENTATIVE MIKE HUMPHREY TO ENSURE THAT THE CITY WILL STILL GET ALL CREDITS AVAILABLE FROM AMEREN. THE CITY RECENTLY ELECTED TO USE DIRECT ENERGY BUSINESS FOR ENERGY SUPPLY BUT AMEREN WILL STILL PROVIDE THE DELIVERY.

ATTORNEY MALKOVICH REPORTED THAT WEST CITY HAD A MEETING WITH MAYOR KRAFT IN ATTENDANCE REGARDING EXPANSION OF GIACONE DRIVE AND FURTHER DEVELOPMENT OF THE AREA. MALKOVICH AND WEST CITY ATTORNEY RON GIACONE WILL MEET SOON TO BEGIN DISCUSSING A POSSIBLE INTERGOVERNMENTAL AGREEMENT.

ATTORNEY MALKOVICH REPORTED THAT ORAL ARGUMENTS WERE HELD ON DECEMBER 3 ON THE APPEAL FOR THE ALBERT SMITH VS. CITY OF BENTON CASE. A DETERMINATION HAS NOT BEEN RECEIVED FROM THE APPELLATE COURT.

ATTORNEY MALKOVICH REPORTED THAT SCOTT SKINNER HAS RETAINED PRINCE LAW FIRM REGARDING HIS WORK COMP CASE. THIS INFORMATION HAS BEEN FORWARDED TO ILLINOIS PUBLIC RISK FUND, OUR PRIOR WORK COMP INSURANCE CARRIER.

UNDER OLD BUSINESS, COMMISSIONER BAUMGARTE REPORTED THAT HE AND THE INDIVIDUALS PURCHASING THE BAPTIST CAMP PROPERTY MET WITH A PLUMBING INSPECTOR AND BI-COUNTY HEALTH AT TWIN OAKS REGARDING THEIR PLANS TO USE IT AS A DINING HALL FOR THEIR SUMMER CAMP. THEY WERE TOLD THEY WOULD BE ALLOWED TO FEED 90 TO 140 CAMPERS AT A TIME AT TWIN OAKS BUT THE FOOD WOULD NEED TO BE PREPARED ELSEWHERE. AN ADDITIONAL SINK IN A BATHROOM BUT NO CHANGES TO THE SEWER SYSTEM WOULD BE REQUIRED. A MEETING WITH THE FIRE MARSHAL WILL ALSO BE SCHEDULED.

COMMISSIONER BAUMGARTE STATED THAT TWO RESIDENTS ON DIVISION STREET IN WEST CITY HAVE BEEN GIVEN THIRTY DAYS TO SWITCH TO THE WEST CITY SEWER SYSTEM. ONE STILL OWES THE CITY MONEY FOR SERVICE AND COMMISSIONER WEBSTER REPORTED HE HAS SIGNED AN AGREEMENT TO PAY.

COMMISSIONER MILLER REPORTED THAT NEWLY APPOINTED FIREFIGHTER ERIC DAVIS BEGAN WORK ON DECEMBER 14.

IN A PREVIOUS MEETING THE COUNCIL APPROVED TO SEEK BIDS FOR DEMOLITION OF THE HOUSE ON SUGAR CREEK ROAD. FURTHER DISCUSSION WAS HELD REGARDING THE BID SPECIFICATIONS. THE COUNCIL INSTRUCTED ATTORNEY MALKOVICH TO WRITE THE SPECIFICATIONS LEAVING THE BASEMENT UNFILLED FOR USE AS A BURN PIT.

UNDER NEW BUSINESS, MAYOR KRAFT REPORTED THAT HE RECENTLY SPOKE WITH IDOT AND A MEETING WITH THE FEDERAL GOVERNMENT WILL TAKE PLACE ON JANUARY 27 TO ATTEMPT TO GAIN APPROVAL BEFORE THE AJR IS STARTED.

ATTORNEY MALKOVICH INFORMED THE COUNCIL THAT THE NEW CVS WILL BE OPENING IN THE NEAR FUTURE AND THEY HAVE APPLIED TO THE CITY FOR A CLASS B LIQUOR LICENSE TO SELL PACKAGE LIQUOR. ANOTHER CLASS B LICENSE WILL NEED TO BE CREATED AND THIS WILL BE PRESENTED TO THE COUNCIL FOR APPROVAL AT THE NEXT MEETING.

COMMISSIONER WEBSTER MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF: DISCUSSION OF POSSIBLE AND/OR PENDING LITIGATION; 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: 8:00

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

TIME: 8:35

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: 8:36

MAYOR KRAFT REPORTED THAT AN INITIAL POSITIVE DRUG TEST HAS BEEN CONFIRMED ON STREET DEPARTMENT EMPLOYEE JOEY SMITH, MAKING THIS HIS SECOND POSITIVE DRUG TEST. MAYOR KRAFT ASKED THE COUNCIL FOR A DETERMINATION REGARDING SMITH’S EMPLOYMENT WITH THE CITY AND REQUESTED THAT ATTORNEY MALKOVICH READ THE RELEVANT SECTIONS OF THE LOCAL 318 UNION CONTRACT AGREEMENT WITH THE CITY. ATTORNEY MALKOVICH READ PORTIONS OF ARTICLE VIII – DISCIPLINE AND DISCHARGE AND ARTICLE XX, SECTION 20 – DRUG AND ALCOHOL TESTING, WHICH STATES “IF THE SAME EMPLOYEE TESTS POSITIVE A SECOND TIME, TEST RESULTS SHALL BE SUBMITTED TO THE MAYOR OF BENTON FOR DISCIPLINARY ACTION UP TO AND INCLUDING BRINGING CHARGES SEEKING DISCHARGE BEFORE THE BENTON CITY COUNCIL.” ATTORNEY MALKOVICH STATED THAT THE DRUG POLICY – ARTICLE XX HAS TO TAKE PRECEDENCE FOR THE COUNCIL TO TAKE ACTION. COMMISSIONER WYANT MADE THE MOTION UNDER THE DRUG POLICY OF THE CURRENT CONTRACT TO DISCHARGE JOEY SMITH FROM EMPLOYMENT WITH THE CITY OF BENTON, EFFECTIVE IMMEDIATELY. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

NO OTHER ACTION WAS TAKEN AS A RESULT OF EXECUTIVE SESSION.

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: 8:40

Laura Auten, City Clerk