Council Meeting Minutes — November 14, 2016

MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY NOVEMBER 14, 2016 AT
6:00 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 1403 SOUTH MAIN STREET, BENTON, ILLINOIS.

MAYOR KONDRITZ CALLED THE MEETING TO ORDER. THOSE PRESENT WERE COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ.

COMMISSIONER MILLER MADE A MOTION TO APPROVE MINUTES FROM THE OCTOBER 24, 2016 PUBLIC HEARING. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE MINUTES FROM THE OCTOBER 24, 2016 REGULAR SESSION MEETING. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

MAYOR KONDRITZ INTRODUCED NEW FRANKLIN CIRCUIT CLERK.

COMMISSIONER BAUMGARTE MADE A MOTION TO APPROVE PURCHASE ORDER #001518 TO HD SUPPLY FOR 24 5/8” I PEARL METERS IN THE AMOUNT OF $3,000.00. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER BAUMGARTE MADE A MOTION TO APPROVE PURCHASE ORDER #002264 TO HACH COMPANY FOR TESTING EQUIPMENT IN THE AMOUNT OF $5,591.68. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER BAUMGARTE STATED THAT HE BELIEVES WE WILL BE BREAKING GROUND FOR THE NEW WASTEWATER TREATMENT PLANT IN TWO WEEKS.

COMMISSIONER WYANT STATED THAT THE CHRISTMAS DECORATIONS ARE 90% COMPLETED AT THIS TIME.

COMMISSIONER WYANT MADE A MOTION TO APPROVE PURCHASE ORDER #001374 TO ODUM CONCRETE FOR CONCRETE FORMS IN THE AMOUNT OF $1,445.80. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO DIRECT ATTORNEY MALKOVICH TO PREPARE AN ORDINANCE MAKING THE INTERSECTION OF CARLTON STREET AND MAPLE STREET A FOUR-WAY STOP. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO APPROVE RESOLUTION #16-14 FOR THE 2017 MFT PROGRAM. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO APPROVE THE 2017 OVERLAY BID FROM ET SIMMONDS, THE ONLY BID RECEIVED ON 11/09/2016. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY STATED MADE A MOTION TO APPROVE PURCHASE ORDER #001962 TO FABIK POWER SYSTEMS, INC. IN THE AMOUNT OF $29,678.00 FOR A 50 KW CATERPILLAR DIESEL ELECTRIC GENERATOR. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY STATED MADE A MOTION TO APPROVE PURCHASE ORDER #000937 TO MIDAMERICA FIRE FOR 4 GAS DETECTOR CALIBRATION KITS IN THE AMOUNT OF $593.00. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY STATED MADE A MOTION TO APPROVE PURCHASE ORDER #000939 TO SENTINEL EMERGENCY SOLUTIONS FOR SCBA COMPRESSOR MAINTENANCE IN THE AMOUNT OF $566.00. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY STATED MADE A MOTION TO APPROVE PURCHASE ORDER #000938 TO FAST FOR ENGINE AND TRANSMISSION SERVICE IN THE AMOUNT OF $822.49. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY STATED MADE A MOTION TO APPROVE PURCHASE ORDER #000940 TO FAST FOR AIRBAG REPLACEMENT IN ENGINE #801 IN THE AMOUNT OF $645.07. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY STATED MADE A MOTION TO APPROVE PURCHASE ORDER #000941 TO BANNER FIRE EQUIPMENT FOR REPAIRS TO ENGINE #803 IN THE AMOUNT OF $26,991.25. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE PURCHASE ORDER #001056 TO ZOBRIO FOR SETUP AND REPORTING, SUPPORT AGREEMENT, AND THE PAPER SAVE ANNUAL MAINTENANCE PROGRAM IN THE AMOUNT OF $10,069.04. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE BILLS IN THE AMOUNT OF $345,539.84. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE PAYROLL DATED 11/04/16 FOR THE GENERAL FUND IN THE AMOUNT OF $57,489.10 AND FOR THE WATER DEPARTMENT IN THE AMOUNT OF $29,909.58 FOR A TOTAL PAYROLL IN THE AMOUNT OF $87,398.68. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE SEWER ADJUSTMENTS FOR CHARLOTTE PETRAZIO OF 612 EAST WEBSTER STREET AND PAM TEAGUE OF 1141 WEST WEBSTER STREET AS THEY BOTH MEET THE CRITERIA SET FOR IN THE ORDINANCE. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO DENY THE SEWER ADJUSTMENT FOR KIMBERLY SHARP OF 505 WEST FIFTH STREET AS IT DOES NOT MEET THE CRITERIA SET FORTH IN THE ORDINANCE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER PRESENTED THE AUDIT FOR FISCAL YEAR 2016 TO THE COUNCIL. COMMISSIONER MILLER MADE A MOTION TO APPROVE THE AUDIT AS PRESENTED. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILER INVITED REG ANKROM OF SIMEC TO SPEAK TO THE COUNCIL. MR. ANKROM STATED THAT OUR CURRENT AGREEMENT FOR ELECTRIC AGGREGATION EXPIRES IN 8 MONTHS, BUT THAT HE BELIEVES NOW IS A GOOD TIME TO TAKE OUR RATES TO MARKET. MR. ANKROM STATED THAT HE WILL OBTAIN BIDS FOR 12, 24, AND 36 MONTHS. COMMISSIONER MILLER MADE A MOTION TO ALLOW REG ANKROM OF SIMEC TO BID THE RESIDENTIAL AGGREGATION TO MARKET AND RETURN THE BIDS TO THE MAYOR. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

UNDER UPDATES, MAYOR KONDRITZ STATED THAT HE WANTED TO THANK THE AMERICAN LEGION LADIES AUXILIARY FOR THE AMERICAN FLAGS THAT WERE PUT UP THROUGH TOWN. MAYOR KONDRITZ ALSO STATED THAT HE WOULD LIKE TO THANK THE STREET DEPARTMENT FOR PUTTING UP THE CHRISTMAS DECORATIONS. MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO SOLICIT TOWN’S PEOPLE TO DECORATE THEIR HOMES FOR CHRISTMAS AND THEN REGISTER THEM IN THE CLERK’S OFFICE FOR A LIST OF HOLIDAY HOMES TO BE DISTRIBUTED.

MAYOR KONDRITZ STATED THAT HE HAD AN ITEM TO BE DISCUSSED IN EXECUTIVE SESSION.

MAYOR KONDRITZ STATED THAT ZONING ADMINISTRATOR DAVID GARAVALIA HAS REQUESTED AN AMENDMENT TO SECTION 25-5-2 OF THE REVISED CODE OF ORDINANCES CHANGING THE TIME FRAME FROM 30 TO 15 DAYS TO MAKE A STRUCTURE SAFE. COMMISSIONER BAUMGARTE MADE A MOTION TO AMEND SECTION 25-5-2 OF THE REVISED CODE OF ORDINANCES FROM 30 DAYS TO 15 DAYS TO MAKE A STRUCTURE SAFE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

UNDER MISCELLANEOUS BUSINESS, COMMISSIONER STOREY MENTIONED THAT A BENEFIT WILL BE HELD FOR OFFICER MCDANIEL AT LAFIESTA MEXICAN RESTAURANT AS WELL AS A SPAGHETTI DINNER WILL BE HELD FOR OFFICER MCDANIEL AT THE FIRE DEPARTMENT IN DECEMBER. THESE FUNDRAISERS ARE TO HELP OFFSET COSTS OF OFFICER MCDANIEL’S MEDICAL EXPENSES.

ALSO UNDER MISCELLANEOUS BUSINESS, MAYOR KONDRITZ ASKED CITY CLERK BROOK CRAIG TO UPDATE THE COUNCIL ON THE FESTIVAL OF LIGHTS. MRS. CRAIG STATED THAT FESTIVAL OF LIGHTS IS TO TAKE PLACE ON NOVEMBER 26, 2016 BEGINNING AT 5 P.M. WITH SANTA ARRIVING AT 6 P.M., STOCKINGS TO BE HANDED OUT TO THE CHILDREN, AND FREE CARRIAGE RIDES TO BEGIN AT 7 P.M.

UNDER OLD BUSINESS, COMMISSIONER WYANT ASKED THE REST OF THE COUNCIL FOR AN UPDATE REGARDING THE CLEAN UP AND REZONING OF POPE STREET. MAYOR KONDRITZ STATED THAT THE AREA HAS BEEN CLEANED UP AND THAT REZONING WOULD BE UP TO THE LAND OWNER.

THERE WERE NO MATTERS UNDER NEW BUSINESS.

UNDER MATTERS FROM THE PUBLIC AUDIENCE, JUDY KELLEY STATED THAT SHE WAS OUT OF TOWN WHEN THE OPEN HOUSE FOR CITY HALL WAS CONDUCTED AND WOULD LIKE TO KNOW HOW IT WENT. SHE WAS INFORMED THAT OTHER THAN ONE (1) NEWSPAPER REPORTER FROM THE GAZETTE, NO ONE ATTENDED THE OPEN HOUSE.

NELSON ENRIETTO ASKED IF THE CITY HAD CONDUCTED ANY SOIL TESTS ON THE POPE STREET PROPERTY. THE COUNCIL INFORMED MR. ENRIETTO THAT THE PROPERTY DOES NOT BELONG TO THE CITY.

ROCKY MORRIS ASKED WHO MAKES THE DETERMINATION ON CLOSING AN ALLEY. HE WAS TOLD THAT THIS WOULD BE DONE THROUGH THE ZONING DEPARTMENT. MR. MORRIS ALSO ASKED IF AN APPRAISAL HAD BEEN DONE ON THE NEW CITY HALL BUILDING. HE WAS INFORMED THAT THE CITY OF BENTON DID NOT HAVE AN APPRAISAL DONE ON 1403 SOUTH MAIN. MR. MORRIS ALSO ASKED WHO DETERMINED THAT 1403 SOUTH MAIN WAS WORTH THE MONEY THAT THE SCHOOL BOARD HAD ASKED FOR IT. THE COUNCIL INFORMED MR. MORRIS THAT A COMMITTEE WAS FORMED AND THAT THEY MADE THE RECOMMENDATION TO THE COUNCIL TO PURCHASE THE NEW CITY HALL BUILDING.

ALSO UNDER PUBLIC COMMENTS, STEVEN PATE STATED THAT THERE ARE SEVERAL CONCERNS AS TO ACTIVITIES IN THE AMERICAN LEGION PARKING LOT NEXT TO HIS BUILDING. THE AMERICAN LEGION REPRESENTATIVES ACKNOWLEDGED THE CONCERNS AND REQUESTED THE POLICE DEPARTMENT TO DRIVE THROUGH THE PARKING LOT AT 10 P.M. ON SUNDAY EVENINGS.

COMMISSIONER MILLER MADE A MOTION TO GO INTO EXECUTIVE SESSION FOR ITEM (B) DISCUSSION OF POSSIBLE AND/OR PENDING LITIGATION. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

7:15 P.M.

COMMISSIONER MILLER MADE A MOTION TO RETURN TO REGULAR SESSION. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

7:55 P.M.

COMMISSIONER BAUMGARTE MADE A MOTION TO HAVE ATTORNEY MALKOVICH PREPARE AN ORDINANCE AMENDING COIN-OPERATED VIDEO POKER MACHINE FEES FROM $100.00 TO $250.00 PER MACHINE PER YEAR. SECOND BY COMMISSIONER STOREY. VOTE TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO HAVE ATTORNEY MALKOVICH PREPARE AN ORDINANCE INCREASING THE FEES FOR CLASS A, A-1, B, C, D, E, E-1, G, AND H LIQUOR LICENSES BY $250.00 EACH. SECOND BY COMMISSIONER WYANT. VOTE TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO HAVE ATTORNEY MALKOVICH PREPARE AN ORDINANCE AMENDING HOURS OF OPERATION FOR CLASS C LIQUOR LICENSE HOLDERS TO 11 A.M. TO 10 P.M. ON SUNDAYS WITH A FEE INCREASE FROM $520.00 T0 $1,200.00 PER YEAR. SECOND BY COMMISSIONER MILLER. VOTE TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO INCREASE SUNDAY (ADDITIONAL HOURS) PERMITS FOR CLASS A, A1, D, E, AND E1 LIQUOR LICENSE HOLDERS TO TWELVE (12) TIMES PER YEAR FROM 11 A.M. TO 10 P.M. WITH A FEE OF $50.00 PER OCCASION, AND TO ALLOW CLASS B LICENSE TO HAVE SUNDAY SALES FROM 11 A.M. TO 10 P.M. SECOND BY COMMISSIONER STOREY. VOTE TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.


COMMISSIONER WYANT MADE A MOTION TO ADJOURN. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER STOREY, COMMISSIONER MILLER, AND MAYOR KONDRITZ. NAYS: 0.

8:00 P.M.