Council Meeting Minutes — September 25, 2017

MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY SEPTEMBER 25, 2017 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 MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ.

COMMISSIONER MILLER A MOTION TO APPROVE THE MINUTES OF THE SEPTEMBER 11, 2017
REGULAR CITY COUNCIL MEETING. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER STATED WE WOULD BE GOING OUT OF ORDER OF THE AGENDA. COMMISSIONER BAUMGARTE MADE A MOTION TO HIRE SHANNON TOIGO FOR A FULL TIME EMPLOYEE IN THE WASTEWATER TREATMENT PLANT. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

UNDER MATTERS FROM THE PUBLIC AUDIENCE, ROCKY MORRIS QUESTIONED THE REASON PUBLIC COMMENTS HAD BEEN MOVED TO THE BEGINNING OF THE MEETING. HE WANTED TO KNOW IF QUESTIONS WERE THOUGHT OF DURING THE MEETING, COULD THEY BE ASKED AT THE END. TOM CARTER STATED THAT THAT WITH THE NEW SEWER EMPLOYEE WAS BEING HIRED HE WOULD OFFER TO HELP THIS EMPLOYEE WITH ELECTRICAL WORK AT THE PLANT.

COMMISSIONER BAUMGARTE MADE A MOTION TO PAY THE PAY REQUEST #9 TO RIVER CITY CONSTRUCTION FOR THE WASTE WATER TREATMENT PLANT IN THE AMOUNT OF $904,396.68. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #001981 TO TUSCUMBIA IRON WORKS FOR 2 LAMP POSTS AND GLOBES IN THE AMOUNT OF $1067.46. COMMISSIONER STOREY STATED THAT THE FUNDS FOR THIS WERE DONATED BY A LOCAL RESIDENT. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE PAYROLL IN THE AMOUNT OF $68,773.49 FROM THE GENERAL FUND, $28,159.44, AND AIRPORT CARETAKER IN THE AMOUNT OF $1,100.00 FOR A TOTAL PAYROLL OF $98,032.88. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.


COMMISSIONER MILLER MADE A MOTION TO APPROVE A SEWER ADJUSTMENT FOR ROBERT WEIR OF 1401 NORTH MAIN STREET AS HE MEETS THE CRITERIA SET FORTH IN THE ORDINANCE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

MAYOR KONDRITZ STATED THAT HE, COMMISSIONER MILLER, ATTORNEY MALKOVICH, DAVID GARAVALIA, AND BROOK CRAIG HAD RECENTLY ATTENDED THE ILLINOIS MUNICIPAL LEAGUE CONFERENCE IN CHICAGO. MAYOR KONDRITZ STATED THAT THE SESSIONS WERE VERY HELPFUL.

MAYOR KONDRITZ STATED THAT THE SEWER PLANT IS COMING ALONG NICELY. HE URGED THE CITIZENS TO DRIVE BY AND SEE THE PROGRESS.

MAYOR KONDRITZ STATED THAT HE HAD RECEIVED A LETTER FROM FREDA BROADWAY REGARDING THE VETERAN’S CEMETERY ON FIRST STREET. HE STATED THAT MRS. BROADWAY WILL BE CLEANING UP THE CEMETERY AND MAKING IT PRESENTABLE AGAIN.

MAYOR KONDRITZ STATED THAT ITEMS (B) AND (C) WILL BE DISCUSSED IN EXECUTIVE SESSION.

MAYOR KONDRITZ ASKED TO HAVE A MOTION MADE TO AMEND THE LIQUOR CODE INCREASING THE AMOUNT OF CLASS (A) LIQUOR LICENSES FROM SEVEN (7) TO NINE (9). COMMISSIONER STOREY MADE A MOTION TO AMEND THE LIQUOR CODE INCREASING THE AMOUNT OF CLASS (A) LIQUOR LICENSES FROM SEVEN (7) TO NINE (9). SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, AND MAYOR KONDRITZ. NAYS: 1. COMMISSIONER BAUMGARTE.

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO ALLOW RESTAURANTS TO SELL LIQUOR ON SUNDAY FROM 11 A .M. TO 10 P.M. COMMISSIONER STOREY MADE A MOTION TO ALLOW (E) AND (E1) LIQUOR LICENSE TO SELL ALCOHOL ON SUNDAYS FROM 11 A.M. TO 10 P.M. AFTER SEVERAL MINUTES, THE MOTION DIED FOR LACK OF SECOND.

MAYOR KONDRITZ PRESENTED THE PLANNING AND ZONING BOARD RECOMMENDATIONS. COMMISSIONER MILLER MADE A MOTION TO APPROVE THE PLANNING AND ZONING BOARD RECOMMENDATIONS. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

MAYOR KONDRITZ STATED THAT ITEM (F) IS FOR EXECUTIVE SESSION.

NO MISCELLANEOUS BUSINESS.

UNDER OLD BUSINESS, COMMISSIONER WYANT STATED THAT A FEW WEEKS AGO THE CITY OPENED BIDS FOR DEMOLITION OF FOUR (4) HOUSES AND THAT THE BID WAS AWARDED TO FREEMAN ENVIRONMENTAL. COMMISSIONER STOREY STATED THAT FREEMAN ENVIRONMENTAL WILL NOT BE ABLE TO COMPLETE THE PROJECT. COMMISSIONER STOREY MADE A MOTION TO AWARD THE BID TO THE NEXT LOWEST BIDDER, AP EXCAVATING, IN THE AMOUNT OF $12,120.00. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER BAUMGARTE STATED THAT THE CITY HAS BEEN AWARDED 45% FORGIVENESS ON THE LOAN TAKEN OUT FOR THE NEW WASTE WATER TREATMENT PLANT. COMMISSIONER BAUMGARTE STATED THAT THE NEW PLANT WILL COST MORE TO OPERATE AND THAT IS WHY SEWER RATES CANNOT BE LOWERED AND IN FACT MAY HAVE TO BE INCREASED IN THE FUTURE.

NO NEW BUSINESS.

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

6:50 P.M.

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

7:40 P.M.

COMMISSIONER MILLER MADE A MOTION TO AMEND THE AIRPORT ORDINANCE TO A THREE (3) PERSON ADVISORY COMMITTEE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO TABLE ITEM (C) UNDER PUBLIC AFFAIRS, DISCUSSION AND/OR APPROVAL OF AIRPORT WILDLIFE FENCE PROJECT, UNTIL FURTHER RESEARCH AND STATUS OF THE GRANT CAN BE OBTAINED. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER MILLER, COMMISSIONER STOREY, COMMISSIONER WYANT, COMMISSIONER BAUMGARTE, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO NOT FILL THE POSITION OF PUBLIC WORKS DIRECTOR AT THIS TIME. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN. YEAS: 3. COMMISSIONER STOREY, COMMISSIONER WYANT, AND COMMISSIONER BAUMGARTE. NAYS: 2. COMMISSIONER MILLER AND MAYOR KONDRITZ.


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

7:45 P.M.