CITY OF BENTON

CITY COUNCIL MEETING MINUTES

July 27, 2026 — 5:00 P.M.

Council Room, Basement of the Campbell Building

901 Public Square, Benton, Illinois 62812

 

CALL TO ORDER

The meeting was called to order at 5:00 p.m. The Pledge of Allegiance was recited.

ROLL CALL

Present: Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, and Mayor Messersmith.

Absent: None.

READING AND APPROVAL OF MINUTES

1. Regular Meeting — July 13, 2026

Commissioner Kays noted two corrections: (1) under bullet point two, the date of the continued meeting should read June 23 rather than June 22; and (2) on the third printed page under the Finance Commissioner’s report, the payroll vote should reflect Yeas and Nays rather than being omitted.

Motion: Commissioner Kays moved to approve the July 13, 2026 regular meeting minutes with the noted corrections. Seconded by Commissioner Storey.

Vote: Yeas: 4 — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, and Mayor Messersmith. Nays: 0. Abstained: Commissioner Cockrum.

2. Continued Meeting — Friday, July 17, 2026 (9:00 A.M.)

Commissioner Kays noted no changes were necessary.

Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Cockrum.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

3. Special Meeting — July 17, 2026 (9:15 A.M.)

Commissioner Kays noted no changes were necessary.

Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Storey.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

PUBLIC COMMENT

Mayor Messersmith reminded speakers to approach the podium, state their name for the record, and that each speaker is allotted five minutes. Public comment is addressed to the council as a whole, not to individual members.

Tom Carter

Mr. Carter addressed the citizens of Benton. He stated that he was present to comment on the council’s handling of EPA violations and the public disclosure of related information. He expressed the view that information should have been shared with the public sooner, and questioned what other matters may remain undisclosed.

Lisa Meno — Former City Treasurer (28 Years)

Ms. Meno identified herself as the former Benton City Treasurer, having held the position for 28 years before retiring two years ago. She stated that she had been drawn into recent public controversy after her name was cited in connection with allegations she did not authorize. She noted that only Commissioner Kays contacted her directly for clarification.

Ms. Meno spoke at length on the legal requirements governing city funds under Illinois State Statute 65 ILCS 5/3.1-35-40 (Treasurer Duties) and the city’s revised code of ordinances, Division 7, Section 1-2-7. She stated that only the city treasurer and/or the finance commissioner are authorized to endorse checks on behalf of the city, and that this applies to all funds, including donations. She noted the fire department’s Toys for Tots collections as a recurring example of funds being handled outside proper channels.

Ms. Meno stated that when the honor system breaks down, the treasurer has no way of knowing — but that commissioners, who spend time in city departments and vote on monthly bills, have an obligation to ensure proper handling of city funds. She concluded by urging the council to focus on their respective departments and the needs of taxpayers.

John Daugherty

Mr. Daugherty stated he was present to defend Ms. Meno’s reputation and record, and expressed frustration that misinformation had been spread about her. He stated that Commissioners Kays and Mayor Messersmith had acted with integrity on the matters at hand, while other council members had not. He suggested the council owes a public apology for allowing a vote of no confidence against those acting within their legal obligations.

John Owens

Mr. Owens expressed concern about the priorities of certain council members, citing a focus on social media content over serious issues such as EPA violations and deteriorating infrastructure. He noted that the EPA violation matters were presented to the Illinois State Police and the State’s Attorney’s office, and that both found no wrongdoing. He raised concerns about an alleged Open Meetings Act violation involving a commissioner posting executive session content on social media, and asked what action the council intended to take.

Mayor Messersmith responded that such a violation would be handled the same as any other Open Meetings Act violation. Mr. Owens also raised questions about cell phone use during open meetings, FOIA discrepancies between the city’s response and documents obtained from the Illinois State Police, and the release of executive session notes. He called on the council to be fully transparent with the public.

 

 

Rocky Morris

Mr. Morris raised concerns about a water bill he had reviewed and questioned whether residents were receiving safe water. He stated that disabled individuals, nursing home residents, and pregnant women should not be drinking from a potentially compromised public water supply. He acknowledged speaking with Public Works Director Dailus Richardson about the matter and with the previous superintendent. Mr. Morris expressed concern that the public was not notified of the EPA violations in a timely manner, and asked whether the city is now in full compliance and what steps are being taken to prevent future violations.

PUBLIC PROPERTY REPORT — Commissioner Storey

1. Purchase Orders

None.

2. Fire Station Back Ramp Replacement

Commissioner Storey referenced a prior discussion with Craig Miles regarding the back ramp of the fire station and moved to restart that project.

Motion: Commissioner Storey moved to proceed with the fire station back ramp replacement project. Seconded by Commissioner Garavalia.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

3. Malkovich Park — West Fence Replacement

Commissioner Storey noted that the existing fencing on the west side of Malkovich Park has been removed and that the area is in poor condition. He moved to solicit bids for a replacement fence along the west side of the park, replacing what was previously taken down.

Motion: Commissioner Storey moved to seek bids for a new fence on the west side of Malkovich Park. Seconded by Commissioner Kays.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

WATER, SEWER, STREETS & IMPROVEMENTS — Commissioner Cockrum

1. Purchase Order #00901 — Replacement Blowers, Municipal Equipment ($16,703.40)

Commissioner Cockrum presented a purchase order to Municipal Equipment for the replacement of two blowers. Note: Commissioner Kays indicated a freight charge of approximately $600.00 was not included in the stated total and should be noted accordingly.

Motion: Commissioner Cockrum moved to approve Purchase Order #00901 in the amount of $16,703.40 (plus approximately $600.00 freight). Seconded by Commissioner Storey.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

2. Lake Lot Lease Transfers

None.

3. Pool Adjustments

Commissioner Cockrum presented pool adjustments for the following addresses:

• Heather Young — 209 West Webster Street
• Elizabeth Gennett — 403 Taft Street
• Kyle Bacon — 513 Clearview Place
• Stephanie Smith — 107 West Bond Street
• Tammy Kopplin — 206 College Street

Motion: Commissioner Cockrum moved to approve the pool adjustments as presented. Seconded by Commissioner Storey.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

4. EPA Violations — Public Works Director’s Statement

Commissioner Cockrum invited Public Works Director Dailus Richardson to address the council and public regarding recent EPA violations. Mr. Richardson provided the following statement:

Mr. Richardson acknowledged public concern regarding EPA violations and the city’s drinking water. He stated that the city received EPA notices, worked with the Illinois Environmental Protection Agency to identify issues and implement corrective actions, and confirmed that as of March 24, 2026, the city has returned to full compliance. He emphasized that the violations did not involve contamination posing an immediate health risk, but rather related to monitoring, reporting, and operational requirements. He committed to regular testing by certified laboratories and transparent communication going forward.

Following his statement, Mr. Morris asked clarifying questions. Mr. Richardson confirmed there were no actual fines assessed — only the potential for fines had compliance not been achieved. He explained that the violations involved paperwork and reporting timelines, not failures in the water sampling or testing process itself. Commissioner Cockrum added that the primary issue was a documentation requirement: cataloguing the type of water service at each individual address, which required significant time and effort under both the previous superintendent and Mr. Richardson.

Mr. Morris acknowledged compliance has been achieved but reiterated his concern that public notification of the violations was not made in a timely manner.

5. West Main Street Water and Sewer Relocation — Bid Acceptance (Wiggs Excavating)

City Engineer Rodney Potts presented results of the rebid for the West Main Street water and sewer relocation project, required in advance of an IDOT road improvement project. Two plan holders submitted bids: Kiefer Brothers Construction (Mount Carmel) and Wiggs Excavating (Benton). The low bid from Wiggs Excavating — covering both water and sewer — totaled $2,161,661.00, approximately $600,000–$700,000 below the initial cost estimate.

Mr. Potts noted the project was redesigned to route utilities away from the annex building (scheduled for demolition) and to minimize disruption to businesses by boring under parking areas where feasible. Sanitary sewer work will require open excavation to a depth of approximately 12 feet and is expected to begin construction in the fall, ahead of IDOT’s anticipated spring start. IDOT is currently expected to bid West Main in November, with construction beginning approximately the first of October of next year. The city anticipates having all easements secured and materials ordered by end of August.

Motion: Commissioner Cockrum moved to accept the bid from Wiggs Excavating in the amount of $2,161,661.00 for the West Main water and sewer relocation project. Seconded by Commissioner Storey.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

6. MFT Program — BAM (Bituminous Patching Material) Bid Acceptance (Illini Asphalt)

Mr. Potts presented bids received for bituminous patching material (BAM) used for pothole repair prior to oil and chip surfacing. The low bid was received from Illini Asphalt at $59.25 per ton, below the city’s estimate of $65.00 per ton. Total bid: $59,250.00.

Motion: Commissioner Cockrum moved to accept the bid from Illini Asphalt for BAM at $59,250.00. Seconded by Commissioner Storey.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

7. MFT Program — Strengthening Base Rock (No Bids Received)

Mr. Potts reported that no bids were received for the strengthening base rock (C8-10 or C8-6 gravel) portion of the MFT program, despite Doris Trucking being listed as a plan holder. Per IDOT guidelines, when no bids are received after proper advertisement, the city may solicit three informal price quotes without re-advertising or declaring an emergency. Mr. Potts agreed to contact vendors on the city’s behalf.

Motion: Commissioner Cockrum moved to authorize Mr. Potts to obtain three price quotes for strengthening base rock and return to the council. Seconded by Commissioner Storey.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

8. MFT Program — Oil and Chip Surfacing Bid Acceptance (Illini Asphalt)

Mr. Potts presented a bid from Illini Asphalt for oil and chip surfacing of various city streets (single and double coat applications across multiple zones). Total bid: $186,020.66.

Motion: Commissioner Cockrum moved to accept the bid from Illini Asphalt for oil and chip surfacing at $186,020.66. Seconded by Commissioner Garavalia.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

 

 

9. Carter Drive Sewer Line — Emergency Bid Authorization

Mr. Richardson explained that during work on the new Carter Drive sewer main, it was discovered that four buildings in the area were all connected into a single private sewer line running to the city’s main — a configuration that constitutes a violation. Mr. Potts provided additional context, noting that such daisy-chained connections were common practice historically and were not violations at the time of installation, but must now be brought into compliance. The city intends to connect all four buildings to the new main via separate service lines.

Given the threshold for competitive bidding ($25,000), the council discussed treating this as an emergency to allow Mr. Richardson to solicit three informal quotes rather than go through a 30-day formal bid process.

Motion: Commissioner Cockrum moved to authorize Mr. Richardson to seek emergency bids (minimum three quotes) for the Carter Drive sewer service line connections. Seconded by Commissioner Storey.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

10. RLCD (Rend Lake Conservancy District) Water Contract

Commissioner Cockrum presented the RLCD water contract for approval. Commissioner Kays noted the contract includes a 5% rate increase, and referenced an accompanying memo from RLCD General Manager Gary Williams explaining the justification: approximately $23 million in capital improvement projects to the district’s system, including water main reliability upgrades, treatment plant electrical improvements, raw water intake upgrades, and EPA-mandated projects. Commissioner Kays noted that all communities served by Rend Lake received the same contract and encouraged the public to review the RLCD capital improvement plan. City Engineer Potts confirmed he had attended similar presentations in other communities served by the district.

Motion: Commissioner Cockrum moved to approve the RLCD water contract. Seconded by Commissioner Kays.

Vote: Yeas: 4 — Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, and Mayor Messersmith. Nays: 1 — Commissioner Storey. Motion carried.

PUBLIC HEALTH AND SAFETY — Commissioner Garavalia

1. Purchase Orders

None.

2. Updates

Commissioner Garavalia reported that police department vehicles are being equipped with new computers; approximately half have been completed.

3. Fire Truck Purchase Agreement — McQueen

Commissioner Garavalia reported that she and another commissioner moved forward to sign the purchase agreement with McQueen for the new fire truck. She stated that the council had previously voted unanimously to authorize the purchase, but the agreement had not been executed despite repeated requests. With McQueen expressing concern about the delay, and after consulting with city legal counsel, two commissioners signed the agreement to preserve the city’s relationship with the vendor and ensure the purchase proceeded. Commissioner Garavalia noted that only the signature page was included in council packets, as the full agreement had been previously distributed.

ACCOUNTS AND FINANCE — Commissioner Kays

1. Payroll — July 31, 2026

Payroll dated July 31, 2026 totaling $120,874.44 ($95,199.03 from the General Fund; $25,675.41 from the Revenue Fund). Commissioner Kays noted the higher-than-typical total is attributable to PTO sellback payments totaling $26,012.90 across all departments, along with elevated accrued payroll in two departments.

Motion: Commissioner Kays moved to approve the payroll as presented. Seconded by Commissioner Cockrum.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

2. Bills

None.

3. Grant Management Policy Book — Authorization to Begin Development

Commissioner Kays requested council approval to begin developing a formal grant management policy book. The city has a grant administrator currently receiving training. A written policy is needed to guide grant administration practices going forward.

Motion: Commissioner Kays moved to authorize the development of a city grant management policy book. Seconded by Commissioner Garavalia.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

CITY ATTORNEY REPORT

No updates.

PUBLIC AFFAIRS — Mayor Messersmith

1. Purchase Order #00910 — Flowers by Dave (Tent Rental, $755.00)

Mayor Messersmith announced that the city is hosting a ceremony honoring Bob Rea this Saturday at 11:00 a.m. The event will include music, remarks from dignitaries, and tours of the county jail. Purchase Order #00910 is for a tent and chairs from Flowers by Dave at a cost of $755.00, to provide shade for attendees. City Clerk Brook Craig coordinated the arrangements.

Motion: Commissioner Kays moved to approve Purchase Order #00910 for Flowers by Dave in the amount of $755.00. Seconded by Commissioner Garavalia.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

2. Fall/Winter Family Movie Night — Authorization (Not to Exceed $2,500.00)

Mayor Messersmith reported that the summer family movie night series has been well-received, with resident surveys confirming public interest. He proposed extending the series into fall/winter with one event in October. City Engineer Rodney Potts’ firm has volunteered to sponsor the LED screen rental ($2,000.00). Movie rental cost is approximately $500.00. Total not-to-exceed cost: $2,500.00.

Motion: Commissioner Cockrum moved to approve the fall/winter family movie night at a cost not to exceed $2,500.00. Seconded by Commissioner Kays.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.

MISCELLANEOUS BUSINESS

Flock Safety Block Cameras — Discussion (Commissioner Kays)

Commissioner Kays stated that he has had ongoing reservations about the city’s use of Flock Safety license plate reader cameras. While he praised the police department’s conduct, his concern is that data is stored on Flock’s servers rather than locally, and that other agencies may be able to access the data. He suggested the council have a deeper discussion about the continued use of the cameras in the community.

Police Chief responded that the Flock system sends notifications when another department requests access, and the department can approve or deny such requests. Access has only been granted to agencies within Southern Illinois. The chief noted the cameras only retain data for 30 days and only retrieve information upon a system hit, and expressed confidence there is no local misuse.

Commissioner Kays acknowledged the department’s responsible use but reiterated his concern about loss of local control over data once it leaves city servers.

No formal action taken. Further discussion encouraged.

Infrastructure Progress — Commissioner Kays

In response to public comments about road and water infrastructure, Commissioner Kays acknowledged the concerns are valid but noted the council has made substantial progress since taking office. He cited the East Main Street water main replacement (funded by a CDAP grant), the current West Main project, a prior project near the high school replacing 172 service lines, and a pending CDAP grant application for East Main. He attributed the current state of infrastructure to previous councils’ reliance on grants that did not materialize, and noted that the 1% Home Rule sales tax is now providing funding for ongoing improvements. He acknowledged that costs continue to rise and that projects are addressed one at a time as they are discovered.

OLD BUSINESS

None.

NEW BUSINESS

None.

 

 

ADJOURNMENT

Motion: Commissioner Storey moved to adjourn. Seconded by Commissioner Kays.

Vote: Yeas: 5 — Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried. Meeting adjourned at 6:30 p.m.

 

MINUTES OF THE SPECIAL CALLED BENTON CITY COUNCIL MEETING

Friday, July 17, 2026 — 9:15 A.M.

Campbell Building, 901 Public Square, Benton, Illinois

Call to Order and Pledge of Allegiance

Mayor Messersmith called the special meeting to order and led those present in the Pledge of Allegiance.

Roll Call

Mayor Messersmith directed City Clerk Brook Craig to take roll. All council members were present: Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, and Mayor Messersmith.

Mayor Messersmith noted the meeting was called by Commissioner Cathy Garavalia and that the agenda was available for council’s reference.

Public Comment

Mayor Messersmith opened the floor for public comment. One member of the public was present: Chief Shane Cockrum. No public comments were made.

Item 1 — Discussion and Approval of Formal Proposal to West City for Fire Protection

Mayor Messersmith introduced the item and asked whether the matter needed to be discussed in open or closed session given the presence of financial figures.

Commissioner Garavalia stated that she had presented numbers to the Council for review and that this item constituted a proposal only. She noted that negotiations with West City remain active but that the city had been delayed in responding to West City’s proposal. The purpose of this item is to keep those negotiations moving forward. She emphasized that the proposal is non-binding and represents an estimate of proposed coverage, with final terms subject to approval by each respective council.

Commissioner Garavalia further stated that the city attorney is fully supportive of proceeding and indicated the fire chief could transmit the proposal on his letterhead. She found no basis for going into closed session and stated the city should move forward.

Commissioner Garavalia made a motion to move forward with the proposal, present it to West City, and advance the merger offering fire protection to West City. Seconded by Commissioner Storey.

Vote: Yeas – 4 (Storey, Cockrum, Garavalia, Messersmith); Nays – 0; Abstain – 1 (Kays). Motion carried.

Executive Session

No executive session was held.

Adjournment

Mayor Messersmith requested a motion to adjourn. Commissioner Storey made the motion to adjourn. Seconded by Commissioner Cockrum.

Vote: Yeas – 5 (Storey, Cockrum, Garavalia, Kays, Messersmith); Nays – 0. Motion carried.

Meeting adjourned at 9:20 a.m.

CITY OF BENTON, ILLINOIS

MINUTES OF THE REGULAR MEETING OF THE BENTON CITY COUNCIL

Monday, July 13, 2026 — 5:00 p.m.

City Council Room, Basement of the Campbell Building, 901 Public Square, Benton, Illinois

Call to Order

The Benton City Council met in regular session on Monday, July 13, 2026, at 5:00 p.m. in the City Council Room, located in the basement of the Campbell Building, 901 Public Square, Benton, Illinois. Mayor Lee Messersmith presided.

Pledge of Allegiance

Mayor Messersmith called for the Pledge of Allegiance, which was recited in unison by those present.

Roll Call

At the request of Mayor Messersmith, City Clerk Brook Craig called the roll.

Present: Commissioner Storey, Commissioner Garavalia, Commissioner Kays, and Mayor Messersmith.

Absent: Commissioner Cockrum.

Approval of Minutes

Commissioner Kays presented three sets of minutes for the Council’s consideration.

1. Minutes of the regular meeting of Monday, June 2, 2026.

Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Garavalia.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

2. Minutes of the continued meeting of Tuesday, June 22, 2026.

No errors or edits were noted.

Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Storey.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

3. Minutes of the special meeting of Friday, June 26, 2026.

No errors or edits were noted.

Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Storey.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Mayor’s Opening Remarks

Mayor Messersmith addressed the Council and the members of the public in attendance. He noted that recent Council meetings had been challenging in nature and that discussion during the evening’s meeting could become difficult. He stated that the Council’s purpose was to conduct city business, that any deviation from city business would be redirected, and that public comment is not a question-and-answer session, though the Council would take note of citizen comments and follow up as appropriate. He asked that anyone wishing to speak come to the podium, state their name for the record, and limit remarks to five minutes, with time to be kept by City Clerk Brook Craig. He stated that the Council would recognize and respond only to those speaking from the podium during public comment, and not to comments from the audience.

Mayor Messersmith addressed questions raised following the prior meeting regarding his abstention on a motion, stating that he had abstained because he was not prepared to vote on the motion made, that it had been his hope the Council would go into executive session for further discussion, and that when that did not occur, he abstained.

Mayor Messersmith then read the following personal statement into the record:

“It’s my understanding the case that was discussed in a previous meeting had been closed, and that case is available via FOIA. To answer the question of who contacted the state police — it was me. I contacted the state police when this was initially brought to me. I did my own research and determined the validity, accuracy, and potential severity. What I found was something that needed to be addressed and reported. As mayor, I had a legal obligation and responsibility to contact the proper authorities regarding the matter. I also knew that what was said, which initiated all of this, was said openly and publicly, and that the information was going to be reported one way or another whether I did it or not. If I had not reported this information and it turned into something bigger, I, as well as the Council, would be liable, and we would be having a much different conversation this evening. I could not share any information or details while the investigation was ongoing, and only after learning the case was officially confirmed closed could I discuss the matter at all. This has been the hardest thing for me as an elected official in the seven years I have served, and I have taken no satisfaction or pleasure in having had to do it.”

Commissioner Storey stated that the matter should have gone through the police department first. Mayor Messersmith responded that he had been counseled, and specifically told, not to do so.

Mayor Messersmith then opened the floor for public comment.

Public Comments

John Owens, citizen of Benton

Mr. Owens addressed the Council regarding a public statement released on Facebook from the office of Commissioner Kays, which he stated contained information discussed in executive session, including reference to an Illinois State Police investigation. He asked whether the Council had ever voted in open session to authorize release of that information to the public. He stated that executive sessions are conducted under the Illinois Open Meetings Act to allow limited discussion of specific confidential matters, including certain personnel issues, and that information discussed in executive session is not intended for public disclosure except as authorized by law or by official action of the governing body. Mr. Owens stated that the public release of executive session information without such authorization raises concerns regarding compliance with the Open Meetings Act and the integrity of the executive session process. He cited 5 ILCS 120 (the Illinois Open Meetings Act) as prohibiting individual members from releasing executive session minutes or discussion unless authorized by a vote of the full body, and stated that unauthorized disclosure may be punishable as a Class C misdemeanor, with penalties of up to 30 days in jail or a $1,500 fine. Mr. Owens asked the Council to clarify whether the information released had originated in executive session and whether its release had been authorized by vote, stating that he intended to contact the Illinois Attorney General’s office regarding the matter.

Rocky Morris, citizen

Mr. Morris raised concerns regarding a violation of public drinking water standards, referencing issues dating back to 2024–2025. He stated that he had spoken with Mr. Richardson, who indicated the matter was in the process of being corrected, and that he had filed a FOIA request with City Clerk Brook Craig regarding why the information had not been made available to the public sooner. He referenced EPA violations including failure to develop an initial inventory and make service line material information publicly accessible, as well as violations concerning lead and other contaminants in drinking water. Mr. Morris stated he had been informed of fines in the neighborhood of $600,000 that were later abated upon a showing of compliance, and asked whether the city is currently in compliance. He asked how the matter went unaddressed for as long as it did and requested that the Council look further into the issue as a matter of public health and safety, noting particular concern for vulnerable populations such as the elderly and immunocompromised, consistent with language in the city’s annual drinking water quality report.

Dylan DeForest, City of Benton Fire Department

Mr. DeForest, a ten-year member of the Benton Fire Department, addressed the Council on behalf of the department’s members. He stated that the department had been subject to repeated allegations against the fire chief, that those allegations were investigated by the Illinois State Police, and that the investigation concluded with no action taken. He stated that the Council had nonetheless continued to meet in executive session regarding discipline or termination without taking action, and that the ongoing situation had damaged morale, created uncertainty, and undermined confidence in city leadership, contributing to what department members consider a hostile work environment. Mr. DeForest stated that accountability is important but must include accepting the results of an investigation and treating people fairly. On behalf of the department, he presented a letter expressing a vote of no confidence in Commissioner Christopher Kays and Mayor Lee Messersmith, and requested that the Mayor and any council member continuing to pursue the matter either resign or take immediate action to restore confidence in city leadership.

 

 

Jennifer Kays, taxpayer

Mrs. Kays identified herself as a taxpayer, noting that Commissioner Kays is her husband. She encouraged residents to hold elected officials accountable, to ask whether officials support transparency and financial oversight, and referenced financial concerns raised within city government that resulted in evidence being reviewed by law enforcement and forwarded to the State’s Attorney for consideration. She raised concerns regarding unauthorized check cashing, the process used to award a bid for facade work at the fire department building, and the Council’s approval of an early retirement incentive prior to full discussion of its financial impact to taxpayers. She encouraged residents to review the public record of candidates for city office and noted that petitions for the April municipal election would become available this fall. She stated that her husband, Commissioner Kays, is not seeking re-election but would be available to answer questions from prospective candidates.

Public Comment Period Concluded

With no further members of the public wishing to address the Council, Mayor Messersmith closed public comment and proceeded to the regular agenda.

Committee Reports

Public Property — Commissioner Storey

Commissioner Storey reported no purchase orders or updates.

Motion: Commissioner Storey moved to begin the process of creating a Public Properties Project Manager position. Seconded by Commissioner Garavalia.

Vote: Yeas (3) — Commissioner Storey, Commissioner Garavalia, Mayor Messersmith. Nays (1) — Commissioner Kays. Motion carried.

Streets, Water & Sewer — Commissioner Cockrum (absent; report given by City Attorney Tom Malkovich)

Attorney Malkovich presented one purchase order on behalf of Commissioner Cockrum: PO #00909 to C&C Pumps, in the amount of $5,355.57, for the sewer plant.

Motion: Commissioner Storey moved to approve payment of PO #00909. Seconded by Commissioner Garavalia.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Attorney Malkovich reported no lake lot transfers this evening.

Attorney Malkovich presented fourteen pool applications, all found to be in compliance with applicable codes, for the following addresses: 8833 Stuyvesant Street; 725 East Taylor Street; 634 North Buchanan Street; 1608 North Main Street; 701 Old Orchard Drive; 415 East Bond; 205 West Webster; 711 Carbon; 1007 Kirkpatrick; 524 Burkett; 208 North Seventh; 1403 North Main; 707 Forrest; and 305 West Fifth.

Motion: Commissioner Kays moved to approve the pool applications as presented. Seconded by Commissioner Garavalia.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Public Health and Safety — Commissioner Garavalia

Commissioner Garavalia presented the following purchase orders for the Police and Fire Departments:

PO #00167 — Marion Ford Watermark, $2,868.00, squad car repair. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.

PO #00169 — Novacom, $1,258.98, police department. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.

PO #00168 — Thin Line Safety Equipment, $768.95, police department general safety equipment. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.

PO #00463 — Bailey’s Heating and Cooling, $950.00, repair of fire department cooling system. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.

PO #00462 — SI Towing & Recovery, $864.00, towing charge for Engine 803. Motion: Commissioner Garavalia, second by Commissioner Kays. Yeas (4), Nays (0). Motion carried.

PO #00456 — Darley, $1,100.00, four brushes to replace 1977 hose washer, fire department. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.

Commissioner Garavalia reported the incident counts for the preceding month. The Fire Department responded to 98 incidents, with approximately 42% for illness, 20% for injury and trauma, 6% for structure fires, 3% for public service calls, and 7% for hazardous, non-chemical incidents. The Police Department responded to 677 calls, including 26 hang-up/open-line calls, 18 assist-citizen calls, 18 street contacts, 23 domestic violence calls, 47 follow-ups on other cases, 34 suspicious person calls, 16 traffic crashes, and 40 welfare checks, among other call types.

Commissioner Garavalia presented a letter from Fire Chief Shane Cockrum respectfully requesting the addition of Harrison Williams to the Benton paid-on-call firefighter roster. The letter noted that Mr. Williams, a veteran of the United States Marine Corps, is pursuing a career as a second-generation firefighter following his father, a retired member of the West Frankfort Fire Department, and his uncle, an active career firefighter.

Motion: Commissioner Garavalia moved to approve the addition of Harrison Williams to the paid-on-call roster. Seconded by Commissioner Storey.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Commissioner Garavalia requested approval for the Merit Board to begin the process of filling the police officer vacancy resulting from the departure of Officer Justice Purdie.

Motion: Commissioner Garavalia moved to authorize the Merit Board to begin the replacement process. Seconded by Commissioner Kays.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Accounts and Finance — Commissioner Kays

Commissioner Kays presented one payroll dated July 17, 2026, in the total amount of $115,675.94, consisting of $89,953.68 from the General Fund and $25,722.26 from the Revenue Fund.

Motion: Commissioner Kays moved to approve the payroll as presented. Seconded by Commissioner Garavalia. Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Commissioner Kays reported that the bills were not yet completed and that a motion would be needed later in the meeting to continue the meeting so that bills could be paid later in the week. He stated that was all he had to report from Accounts and Finance.

City Attorney — Tom Malkovich

Mayor Messersmith asked whether there were updates from the City Attorney. Attorney Malkovich reported no updates.

Public Affairs — Mayor Messersmith

Mayor Messersmith reported that the Fourth of July events had gone well, thanking the Conservancy District and the Council for supporting the event, and noted that the annual Ranger Rodeo was held over two days without rain, though with significant heat. He thanked Louise Jackson and others for volunteering to paint at Capitol Park, noting that Ms. Jackson had acquired the paint and coordinated the project.

Mayor Messersmith presented PO #00907, to Shawnee LED, for a screen for Family Movie Night, to be paid for using donations from local businesses, requesting a motion to establish a purchase order and paper trail for the payment.

Motion: Commissioner Storey moved to approve PO #00907. Seconded by Commissioner Kays.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Mayor Messersmith presented PO #00908, also for Family Movie Night, in the amount of $50.00, for musical performance by Ashley Hugo, also funded by donations.

Motion: Commissioner Garavalia moved to approve PO #00908. Seconded by Commissioner Kays.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Mayor Messersmith announced that the film Trolls would be shown this Friday at Capitol Park as the third Family Movie Night of the summer, with musical performances by Ashley and Jason Hugo prior to the film. He noted that, based on prior feedback that movies were starting too late using a projector and screen, the city secured sponsors, arranged by City Clerk Brook Craig, to use an LED screen allowing the film to be shown before dark. Hot dogs and popcorn will also be provided.

Discussion and approval of appointing Brook Craig to the Police Pension Board for a two-year term.

Motion: Commissioner Storey moved to appoint Brook Craig to the Police Pension Board for a two-year term. Seconded by Commissioner Garavalia.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Item 9(D) — Discussion and approval of a donation to Benton Area Volunteers for the Back-to-School Block Party. Peggy Page, Vice President of Benton Area Volunteers, addressed the Council regarding the organization’s fourth annual Back-to-School Block Party, to be held August 1, 2026, from 4:00 to 7:00 p.m. on Washington Street between the fire and police departments, featuring bounce houses, a dunking booth, laser tag, free hot dogs, chips, water, and school supplies, with a goal this year of also providing backpacks. Commissioner Storey asked what the city had contributed the previous year; Commissioner Kays stated the prior donation was $750.00.

Motion: Commissioner Storey moved to approve a donation of $1,000.00 to Benton Area Volunteers. Seconded by Commissioner Kays.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Ms. Page thanked the Council and invited members of the public to volunteer for the event.

Item 9(E) — Discussion and approval of a facade grant application submitted by Shannon Appleton. Mr. Calcaterra reviewed the application, a downtown TIF facade grant, and confirmed the scope of work is consistent with grant specifications, recommending approval. The total project cost is $4,372.00, with the grant covering half of that amount.

Motion: Commissioner Kays moved to approve the facade grant application. Seconded by Commissioner Garavalia.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Item 9(F) — Discussion and approval to accept a donation of land for demolition purposes at 404 South Commercial Street. Mr. Calcaterra reported that the city has a pending demolition proceeding regarding the property, and that the owner has indicated a willingness to donate the property to the city. He stated the city could demolish and clean up the residence and, at some point, declare it surplus property for resale. He noted the property is adjacent to the new dog park and lies along the city’s master bike plan route, and has been the subject of repeated calls for service.

Motion: Commissioner Storey moved to accept the donation of the property. Seconded by Commissioner Garavalia.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Mayor Messersmith stated that concluded his report under Public Affairs.

Miscellaneous Business from the Council

None.

Old Business

Commissioner Storey asked why a purchase agreement for the fire truck had not yet been sent, and what had caused the delay. Commissioner Kays responded that he was working on financing, noting that $1.2 million is a substantially larger transaction than a $100,000 purchase. Commissioner Storey stated the matter had been pending for two weeks and that the Council had previously approved it. Commissioner Kays responded that the approval had been subject to contingencies related to financing. Commissioner Garavalia stated that the Council had approved signing the purchase agreement, that a signed intent to purchase had previously been sent, and that Commissioner Kays himself had made the motion to approve the purchase agreement, which contained no contingencies. Commissioner Storey stated that residents were growing concerned about the status of the purchase and urged that the purchase agreement be sent, noting that payment would not be due until the spring of 2027.

Commissioner Storey then asked for a status update on the matter involving the Illinois State Police, asking whether it was concluded. Commissioner Kays stated that it was not concluded. Commissioner Storey stated that he understood the state police had indicated there was nothing to the matter. Commissioner Kays asked Commissioner Storey to repeat the statement, and Commissioner Storey stated that he was told there was nothing there, in a meeting the state police had with Fire Chief Shane Cockrum. Commissioner Kays stated that the Illinois State Police had referred the matter to the State’s Attorney, which he stated indicated the state police believed there was a basis for referral. Commissioner Storey asked Chief Cockrum directly whether the state police had told him there was nothing there. Fire Chief Shane Cockrum stated that the case had been closed with a finding of no wrongdoing, and that he believed the State’s Attorney was prepared to release a letter on the matter. Commissioner Storey stated that continuing to discuss the matter was harmful to the city. Commissioner Kays responded that there are multiple checks at issue.

New Business

None.

Continuation of Meeting

Mayor Messersmith stated that the meeting would need to be continued for the Council to pay bills, at the Council’s usual time of 8:30 or 9:00 a.m.

Motion: Commissioner Storey moved to continue the meeting to Friday, July 17, 2026, at 9:00 a.m. for the purpose of paying bills. Seconded by Commissioner Kays.

Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.

Adjournment

The meeting was continued at 5:41 p.m.

MINUTES OF THE CONTINUED BENTON CITY COUNCIL MEETING

Continuation of the Regularly Scheduled Meeting of Monday, July 13, 2026

Friday, July 17, 2026 — 9:00 A.M.

Campbell Building, 901 Public Square, Benton, Illinois

Call to Order

Mayor Messersmith called the continued city council meeting to order, noting the meeting was a continuation of the regularly scheduled meeting from Monday, July 13, 2026. All city council members were present.

Commissioner Storey made a motion to continue the meeting. Seconded by Commissioner Garavalia.

Vote: Yeas – 5 (Storey, Cockrum, Garavalia, Kays, Messersmith); Nays – 0. Motion carried.

Roll Call

All City Council members were present: Commissioner Storey, Commissioner Cockrum, Commissioner Garavalia, Commissioner Kays, and Mayor Messersmith.

Purpose of Continued Meeting

Mayor Messersmith stated the continued meeting was called for the purpose of approving bills and turning that matter over to Commissioner Kays.

Accounts and Finance – Commissioner Kays

Commissioner Kays acknowledged that council access had been limited due to a high volume of FOIA requests received during the week. He commended City Clerk Brook Craig and Treasurer John Daugherty for their work in both preparing the bills and responding to the requests. Commissioner Kays noted his belief that most of those requests were filed at taxpayer expense.

Commissioner Kays presented bills totaling $550,006.26, broken down as follows: $535,157.06 from the AP Fund; $750.00 from TIF; and $14,099.27 from MFT. Commissioner Kays made the motion to approve the bills as presented. Seconded by Commissioner Garavalia.

Vote: Yeas – 5 (Storey, Cockrum, Garavalia, Kays, Messersmith); Nays – 0. Motion carried.

Discussion – Vehicle Purchase Agreement

Prior to adjournment, Commissioner Garavalia requested that Mayor Messersmith follow through with signing the vehicle purchase agreement. She explained that an intent to purchase had been sent, that McQueen had pulled the truck off the line and was holding it, resulting in a savings of approximately $30,000. She noted the purchase had been approved unanimously by the Council and that the purchase agreement remained unsigned, leaving McQueen in limbo.

Mayor Messersmith acknowledged the situation. Commissioner Garavalia asked whether the agreement could be sent promptly. Mayor Messersmith indicated he felt he was in the middle of a back-and-forth and expressed some frustration, but agreed it was a matter the Council should address and that it should be signed in due time.

Commissioner Storey stated the agreement needed to be sent to McQueen as soon as possible. Mayor Messersmith stated he understood.

Adjournment

Mayor Messersmith requested a motion to adjourn the continued meeting, noting a separate meeting would follow in approximately ten minutes.

Commissioner Cockrum made the motion to adjourn. Seconded by Commissioner Storey.

Vote: Yeas – 5 (Storey, Cockrum, Garavalia, Kays, Messersmith); Nays – 0. Motion carried.

Meeting adjourned at 9:03 a.m.