MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, APRIL 12, 2010 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 WYANT, COMMISSIONER MILLER, COMMISSIONER WEBSTER AND MAYOR KRAFT. COMMISSIONER BAUMGARTE WAS ABSENT.

RESIDENT JACK SCHANZ WAS IN ATTENDANCE TO REPORT A PROBLEM WITH A BARKING DOG AT 403 LAYMAN STREET. PRIOR TO THE MEETING SCHANZ ALSO DISCUSSED THE PROBLEM WITH CHIEF O’NEILL WHO TOLD HIM THE POLICE WILL CONTINUE TO TRY TO ADDRESS THE PROBLEM. MAYOR KRAFT TOLD HIM THAT CITY ORDINANCES WILL BE CHECKED TO SEE IF ANYTHING ADDITIONAL CAN BE DONE.

COMMISSIONER MILLER MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF 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 WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

TIME: 7:05

COMMISSIONER MILLER MADE THE MOTION TO RETURN TO REGULAR SESSION. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

TIME: 8:30

COMMISSIONER WEBSTER MADE THE MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE PUBLIC HEARING AT 6:30 AND THE REGULAR MEETING AT 7:00 ON MARCH 22 AS PRESENTED. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED ON BEHALF OF COMMISSIONER BAUMGARTE AND MADE THE MOTION TO APPROVE PURCHASE ORDERS AS FOLLOWS: 2462 TO H. D. SUPPLY IN THE AMOUNT OF $1,271.00 FOR METER HEAD RETROFITS; 1528 TO MISSOURI MACHINERY IN THE AMOUNT OF $3,050.00 FOR REPAIRS TO THE INFLUENT PUMP AT THE SEWER PLANT; AND 1465 TO CHRISTOPHER CONCRETE IN THE AMOUNT OF $1,379.00 FOR SEPTIC TANK MAINTENANCE AT TWIN OAKS.

COMMISSIONER WYANT PRESENTED ON BEHALF OF COMMISSIONER BAUMGARTE AND MADE THE MOTION TO APPROVE A BID FROM H. D. SUPPLY IN THE AMOUNT OF $5,104.73 FOR MATERIALS FOR THE DUQUOIN STREET WATER MAIN REPLACEMENT. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED ON BEHALF OF COMMISSIONER BAUMGARTE AND MADE THE MOTION TO APPROVE AN APPLICATION FOR TRANSFER OF LAKE LOTS 102 AND 103 FROM JAMES SWOFFORD JR. TO DEANNA MCFARLAND, PENDING PAYMENT OF THE TRANSFER FEE. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT REPORTED THAT THE GAS LINE ALONG NORTH DUQUOIN STREET IS IN THE PROCESS OF BEING MOVED AND A MEETING WILL TAKE PLACE WITH E. T. SIMONDS AT THE END OF APRIL REGARDING THE STATUS OF THE PROPOSED STREET IMPROVEMENTS.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE TO DIRECT LIPE AND ASSOCIATES TO WRITE SPECIFICATIONS AND DETERMINE POSSIBLE COSTS FOR MILLING ON THE OUTSIDE OF THE PUBLIC SQUARE IN ORDER TO CORRECT THE STRIPING FOR PARKING SPACES. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER PRESENTED AND MADE THE MOTION TO APPROVE RESOLUTION 10-07 ALLOWING TEMPORARY ROAD CLOSURE FOR THE REND LAKE WATER FESTIVAL PARADE. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED MONTHLY BILLS AS FOLLOWS: GENERAL FUND IN THE AMOUNT OF $80,354.71; WATER AND SEWER FUND IN THE AMOUNT OF $75,655.46; AND OTHER FUNDS BILLS IN THE AMOUNT OF $91,949.15. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE APRIL 2 FOR THE GENERAL FUND IN THE AMOUNT OF $48,497.31; THE WATER AND SEWER FUND IN THE AMOUNT OF $25,509.33; AND CROSSING GUARDS IN THE AMOUNT OF $300.69. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED THE PROPOSED BUDGET FOR FISCAL YEAR 2010-2011. NO CHANGES HAVE BEEN MADE SINCE LAST PROVIDED TO THE COUNCIL FOR REVIEW. THE BUDGET WILL BE ON DISPLAY IN THE CITY CLERK’S OFFICE FOR INSPECTION UNTIL FINAL APPROVAL AT THE NEXT COUNCIL MEETING.

COMMISSIONER WEBSTER PRESENTED A REQUEST FROM THE CHAMBER OF COMMERCE FOR A DONATION OF $3,500.00 FOR THE ANNUAL REND LAKE FIREWORKS DISPLAY. DUE TO THE FINANCIAL STRAIN ON THE BUDGET FOR THE UPCOMING YEAR, WEBSTER MADE THE MOTION TO APPROVE A REDUCED DONATION OF $1,750.00. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER REPORTED THAT AFTER RECEIVING NOTICE OF A SIGNIFICANT INCREASE IN EMPLOYEE HEALTH INSURANCE PREMIUMS, THE CITY HAD PREVIOUSLY REQUESTED AND RECEIVED BIDS FOR EMPLOYEE HEALTH INSURANCE. TWO BENTON AGENCIES THEN SUBMITTED REQUESTS FOR FINAL BIDS FROM BLUE CROSS BLUE SHIELD OF ILLINOIS. THE COMPANY REQUESTED THAT WE CHOOSE ONE AGENT TO REQUEST A BID ON OUR BEHALF. LONG TIME AGENT S.C.D. REA INSURANCE WAS CHOSEN TO REQUEST THE BID AND WE HAVE SINCE RECEIVED NOTICE THAT BLUE CROSS BLUE SHIELD DECLINES TO GIVE US COVERAGE AT THIS TIME. EMPLOYEE HEALTH INSURANCE COVERAGE WILL REMAIN WITH HEALTH ALLIANCE.

ATTORNEY MALKOVICH DISCUSSED THE TWIN OAKS RENTAL AGREEMENT WITH BROWN AND GRABEL LLC/CAMP MANITOWA. MALKOVICH REPORTED THAT ATTORNEY HART CLARIFIED THAT THE RENTAL AGREEMENT WILL BEGIN 2011. DISCUSSION WAS ALSO HELD REGARDING THE RENTAL FEE IF THE CAMP RENTED ON DAYS BEYOND THE THREE MONTH PERIOD. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THE AGREEMENT AS PRESENTED SUBJECT TO THE CHANGE TO BEGIN THE CONTRACT PERIOD IN 2011. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH PRESENTED ORDINANCE 10-14 AMENDING THE LIQUOR CODE TO INCREASE ALL LICENSE FEES BY TEN PERCENT AS APPROVED IN A PREVIOUS MEETING. A CORRECTION WAS ALSO MADE TO CHANGE THE NAME ONLY OF THE CLASSIFICATION A-1 TO E-1. COMMISSIONER WYANT MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH REPORTED THAT HE RECEIVED NOTICE THAT THE PETITION FOR REHEARING THAT ALBERT SMITH FILED AT THE APPELLATE COURT WAS DENIED.

MAYOR KRAFT ANNOUNCED THAT A JOINT PUBLIC HEARING WITH FRANKLIN COUNTY REGARDING THE ENTERPRISE ZONE EXTENSION HAS BEEN SET FOR APRIL 20 AT 5:30 IN THE THIRD FLOOR COUNCIL CHAMBERS OF THE COURTHOUSE.

MAYOR KRAFT STATED THAT A MEMO WILL BE SENT OUT TO TAVERN LIQUOR LICENSE OWNERS REMINDING THEM THAT BOTTLES ARE NOT ALLOWED OUTSIDE THEIR ESTABLISHMENT EXCEPT IN BEER GARDENS.

MAYOR KRAFT REPORTED THAT PAULA AND AN ENGINEER FROM LIPE AND ASSOCIATES HAVE BEEN WORKING DAILY WITH GREATER EGYPT REGIONAL DEVELOPMENT TO FINALIZE THE GRANT APPLICATION TO BE SENT TO EDA FOR FINAL DECISION ON FUNDING FOR THE PETROFF ROAD/SUGAR CREEK ROAD IMPROVEMENTS.

COMMISSIONER WEBSTER PROPOSED THAT AN APPLICATION BE CREATED FOR RENTAL OF TWIN OAKS WITH A LINE ITEM ASKING IF THE RENTER INTENDS TO HAVE ALCOHOL ON THE PREMISES. IF SO, A STATEMENT SHOULD BE PROVIDED BY A LIQUOR LICENSE HOLDER THAT THEY WILL BE ON THE PREMISES AS LONG AS ALCOHOL IS BEING CONSUMED, WITH A PENALTY TO THE RENTER IF THERE IS A VIOLATION. ATTORNEY MALKOVICH RECOMMENDED THAT THE APPLICATION BE CREATED WITH THIS QUESTION INCLUDED ALONG WITH THE ADDITIONAL STATEMENT THAT ALL RELEVANT CITY ORDINANCES MUST BE COMPLIED WITH.

COMMISSIONER WYANT MADE THE MOTION TO ADJOURN THE REGULAR SESSION. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

TIME: 9:15

Laura Auten, City Clerk