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MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY DECEMBER 11, 2023 AT 5 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 1403 SOUTH MAIN STREET BENTON, ILLINOIS.

MAYOR MESSERSMITH CALLED THE MEETING TO ORDER.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS¸ COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH WERE PRESENT FOR ROLL CALL. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY NOVEMBER 27, 2023, HELD AT 5 P.M.  SECONDED BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0. 

COMMISSIONER GARAVALIA STATED THAT SHE HAD NO BUSINESS FOR THIS COUNCIL MEETING. 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PURCHASE ORDER #00237 COLEMAN LAWN EQUIPMENT FOR A 12-VOLT HIGH OUTPUT ELECTRIC MOTOR FOR A SNOW EX 8500 SALT SPREADER IN THE AMOUNT OF $567.00.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PURCHASE ORDER #000994 TO IPEG FOR A MECHANICAL SEAL, ROTOR, STARTER, AND JOINT KIT FOR THE SLUDGE PRESS IN THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $3,745.42.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER COCKRUM STATED THAT THERE ARE NO POOL ADJUSTMENTS FOR THIS MEETING. 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE LAKE LOT LEASE TRANSFER FOR LOT #`117 FROM JOHN MCCREERY TO J. WILLIAM MCCREERY.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER COCKRUM STATED THAT HE HAD BEEN APPROACHED BY PUBLIC WORKS DIRECTOR CRAIG MILES ABOUT NAMING THE WASTEWATER TREATMENT PLANT AFTER PREVIOUS PUBLIC PROPERTIES COMMISSIONER RONNIE BAUMGARTE.  COMMISSIONER COCKRUM STATED THAT MR. BAUMGARTE WAS INSTRUMENTAL IN GETTING THIS PLANT BUILT AND HE FELT LIKE THIS WAS A GOOD IDEA TO HONOR HIM.  COMMISSIONER COCKRUM MADE A MOTION TO NAME THE WASTEWATER TREATMENT PLANT THE BAUMGARTE WASTEWATER TREATMENT PLANT.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER COCKRUM STATED THAT AS AN UPDATE, HE WANTED TO LET THE COUNCIL AND THE CITIZENS KNOW THAT WASTENA STREET HAS BEEN OPENED BACK UP TO THE GENERAL PUBLIC.  COMMISSIONER COCKRUM ALSO STATED THAT HE WANTED TO LET EVERYONE KNOW THAT THE SEWER VACUUM TRUCK IS SCHEDULED TO BE DELIVERED DECEMBER 12, 2023.  MAYOR MESSERSMITH ADDED THAT THE TRUCK HAS BEEN ORDERED FOR OVER A YEAR AND THE COMPANY HONORED OUR ORIGINAL BID AMOUNT AND ALSO AGREED TO STILL GIVE US THE SAME AMOUNT FOR TRADE IN AS INITIALLY QUOTED.  COMMISSIONER KAYS STATED THAT THE CITY DID NOT HAVE TO TAKE A LOAN TO PAY FOR THIS TRUCK AND HE CREDITED THAT TO THE SEWER SURCHARGE. 

COMMISSIONER STOREY STATED THAT HE HAD NO PURCHASE ORDERS OR UPDATES.  COMMISSIONER STOREY DID DISBURSE A DEPARTMENT REPORT FOR THE FIRE DEPARTMENT TO THE COUNCIL.  THE REPORT SHOWED THAT FROM 11/01/2023 TO 11/30/2023 THE FIRE DEPARTMENT RESPONDED TO 13 FIRES, 21 RESCUE AND EMERGENCY MEDICAL SERVICE CALLS, 4 HAZARDOUS CONDITIONS WITH NO FIRE, 3 SERVICE CALLS, 4 GOOD INTENT CALLS, 5 FALSE ALARM CALLS, AND 1 SPECIAL INCIDENT TYPE.  THIS TOTAL FOR 51 CALLS IN THE MONTH OF NOVEMBER. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE THE MERIT BOARD DOING TESTING FOR THE POLICE OFFICER LIST.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER STOREY MADE A MOTION TO TABLE ITEM (C) DISCUSSION AND/OR APPROVAL OF ALLOWING THE POLICE DEPARTMENT ADMINISTRATIVE ASSISTANT TO WORK 10-HOUR DAYS.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL DATED 12/08/2023 FOR GENERAL FUND IN THE AMOUNT OF $83,043.02 AND WATER AND SEWER IN THE AMOUNT OF $27,048.52 FOR A TOTAL OF $110,091.54.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER KAYS STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING. 

COMMISSIONER KAYS MADE A MOTION TO PAY BILLS IN THE AMOUNT OF $295,386.02.  COMMISSIONER KAYS STATED THAT THE BREAKDOWN OF THESE BILLS IS $13,398.59 FROM THE TIF FUND, $27,101.65 FROM THE MFT FUND, AND $254,885.78 FROM THE AP FUND.  SECONDING OF THIS MOTION WAS DONE BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE FISCAL YEAR 2024-2025 TAX LEVY, ORDINANCE #2023-20.  COMMISSIONER KAYS STATED THAT THE LEVY AMOUNT WAS RAISED THE 5% ALLOWED WITHOUT A PUBLIC HEARING OR REFERENDUM.  COMMISSIONER GARAVALIA. STREAM ALL CITY COUNCIL MEETINGS BEGINNING AT THE FIRST MEETING IN JANUARY 2024.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER KAYS STATED THAT HE WOULD LIKE APPROVAL FOR HIM TO ACQUIRE FUNDING FOR THE ACEI BORING PROJECT.  COMMISSIONER KAYS STATED THAT HE HAS SPOKEN WITH PEOPLE’S NATIONAL BANK IN THE PAST WITH ABOUT THIS AND WOULD LIKE TO DO THE FUNDING THROUGH THEM AS THE WATER AND SEWER FUNDS ARE KEPT IN THIS BANK AND IT WOULD MAKE TRANSFERS LESS COMPLICATED.  COMMISSIONER STOREY MADE THE MOTION FOR COMMISSIONER KAYS TO BEGIN THE PROCESS OF ACQUIRING FUNDING FOR THE ACEI BORING PROJECT THROUGH PEOPLE’S NATIONAL BANK.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER KAYS STATED THAT A DRAFT VERSION OF THE CITY’S AUDIT HAS BEEN RECEIVED.  COMMISSIONER KAYS STATED OTHER THAN THE AUDITORS STATING OUR WORKFORCE IS TOO SMALL IN THE OFFICE AND WE NEED MORE SEGREGATION OF DUTIES, THE CITY RECEIVED A GLOWING REVIEW. 

ATTORNEY MALKOVICH STATED THAT AS AN UPDATE, CENTRAL DISPATCH HAS SENT A PROPOSED AMOUNT FOR DISPATCH SERVICES CONTRACT WITH AN INCREASE OF 15%.  ATTORNEY MALKOVICH STATED THAT IF THE CITY CHOOSES TO STAY WITH CENTRAL DISPATCH THE PAYMENT WILL GO FROM $120,000.00 PER YEAR ($10,000.00 PER MONTH), TO $138,000.00 PER YEAR ($11,500.00 PER MONTH.  COMMISSIONER STOREY STATED THAT HE HAS BEEN IN CONTACT WITH WEST CITY TO SEE IF THEY WOULD LIKE TO OFFER US A BID FOR DISPATCH AS WELL.  

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE STATE HOW PLEASED HE IS TO SEE THE COMMUNITY PARTICIPATING IN EVENTS BEING HELD AROUND TOWN.  HE STATED THAT HE HOPES TO SEE MORE OF THIS IN THE FUTURE AS WELL. 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00488 TO H&R AGRI-POWER FOR HYDRAULIC SYSTEM REPAIR ON THE TRACTOR AT THE AIRPORT IN THE AMOUNT OF $968.75.  COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THIS PURCHASE ORDER.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00489 TO FW ELECTRIC FOR REPAIR OF BROKEN HANGAR/PARKING LOT LIGHTS BY CONVERTING TO LED FIXTURES AND ADDING A LIGHT OVER THE FUEL STATION AT THE AIRPORT IN THE AMOUNT OF $2,075.00.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00490 TO WWW.WESTTECHEQUIPMENT.COM FOR ONE (1) AVIATION FUEL NOZZLE REPLACEMENT AND ONE (1) SEALANT IN THE AMOUNT OF $389.01.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH STATED THAT HE NEEDS A MOTION APPROVING ORDINANCE #2023-21 REGARDING THE ILLINOIS PAID LEAVE FOR ALL WORKERS ACT FOR THE CITY OF BENTON.  COMMISSIONER KAYS MADE THIS MOTION.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEMS (D), (E), (F), (G), AND (H). 

ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT THE PROPERTY FORMERLY HOUSING BEN’S LAWN SERVICE IS IN THE PROCESS OF BEING PURCHASED.  THE BUSINESS THAT IS BEING LOCATED TO THIS PROPERTY WILL BE OPERATING A BUSINESS THAT WILL BE DOING BODY AND FENDER WORK.  MR. CALCATERRA STATED THAT HE WOULD LIKE TO GET A MOTION AMENDING DIVISION XX-SCHEDULES OF THE REVISED CODE OF ORDINANCES ALLOWING BODY AND FENDER WORK BY SPECIAL USE PERMIT IN THE B3- AND B-6 ZONING DISTRICTS.  COMMISSIONER KAYS MADE A MOTION TO APPROVE ORDINANCE #2023-22 AMENDING CHAPTER 40, ZONING ORDINANCE DIVISION XX- SCHEDULES, SECTION 40-3-95.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT THE PROPERTY HE JUST DESCRIBED ALSO MAY BE SELLING VEHICLES.  THIS WOULD ALSO NEED AN ORDINANCE AMENDED IN ORDER TO ALLOW THIS.  MR. CALCATERRA STATED THAT HE WOULD LIKE TO GET A MOTION AMENDING DIVISION XX-SCHEDULES OF THE REVISED CODE OF ORDINANCES ALLOWING AUTOMOBILE, NEW AND USED SALES, BY SPECIAL USE PERMIT IN THE B3- AND B-6 ZONING DISTRICTS.  COMMISSIONER STOREY MADE A MOTION TO APPROVE ORDINANCE #2023-23 AMENDING CHAPTER 40, ZONING ORDINANCE DIVISION XX- SCHEDULES, SECTION 40-3-95.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT HE HAS A SIMILAR SITUATION TO THE SITUATION ABOVE.  MR. CALCATERRA STATED THAT 618FIXMYRV WOULD LIKE TO BEGIN SELLING NEW CAMPERS AT HIS BUSINESS IN THE INDUSTRIAL PARK.  MR. CALCATERRA STATED THAT IN ORDER TO DO THIS AN AMENDMENT NEEDED TO BE MADE TO CHAPTER 40, ZONING ORDINANCE, SECTION 40-3-117, BUSINESS ACTIVITY/USE SCHEDULE TO INCLUDE RECREATIONAL VEHICLES, CAMPERS, ATVS, MOTORCYCLES, BOATS, AND PERSONAL WATERCRAFT.  COMMISSIONER STOREY MADE A MOTION APPROVING ORDINANCE #2023-24 AMENDING SECTION 40-3-117 BUSINESS ACTIVITY/USE SCHEDULE TO INCLUDE RECREATIONAL VEHICLES, CAMPERS, ATVS, MOTORCYCLES, BOATS, AND PERSONAL WATERCRAFT.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT HE HAD RECEIVED A PETITION TO VACATE A 20-FOOT-WIDE ALLEY RUNNING NORTH AND SOUTH A DISTANCE OF 280 FEET THAT IS SITUATED WEST OF LOTS 1, 2, 3, & 4 AND EAST OF LOTS 5, 6, 7, & 8, ALL IN BLOCK 6 IN LAYMAN’S ADDITION TO THE CITY OF BENTON, SITUATED IN FRANKLIN COUNTY, ILLINOIS.  MR. CALCATERRA STATED THAT ALL FEES HAVE BEEN PAID AND IT HAS BEEN APPROVED BY THE PLANNING AND ZONING COMMISSIONER.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE ORDINANCE #2023-5 VACATING THIS ALLEY.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE OPEN THE DISCUSSION REGARDING ADULT USE CANNABIS.  MAYOR MESSERSMITH STATED THAT IT IS EVENTUALLY GOING TO BECOME LEGAL FEDERALLY AND IF WE DO NOT HAVE AN ORDINANCE IN PLACE, IT WILL BE DICTATED TO US ON HOW TO HANDLE THE SITUATION.  MR. CALCATERRA STATED THAT HE AGREED WITH MAYOR MESSERSMITH AND WOULD LIKE TO CREATE AN ORDINANCE AMENDING CHAPTER 40, ZONING, PERTAINING TO ADULT-USE CANNABIS.  COMMISSIONER STOREY MADE A MOTION TO CREATE AN ORDINANCE PERTAINING TO ADULT-USE CANNABIS.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH STATED THAT THE CITY HAD RECEIVED INVOICE #2 FROM BROWN AND ROBERTS IN THE AMOUNT OF $15,301.46 REGARDING THE APRON PROJECT AT THE AIRPORT.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THIS INVOICE IN THE AMOUNT OF $15,301.46.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH STATED THAT RECENTLY THE COUNCIL HAD APPROVED A FORM FOR CAPITAL PARK USE.  ON FURTHER INSPECTION OF THIS FORM, IT WAS NOTED THAT THE FORM WAS MADE FOR BUSINESS AND NOT FOR NONPROFIT.  MAYOR MESSERSMITH STATED THAT HE NEEDED A MOTION TO APPROVE THE AMENDMENTS TO THIS FORM MAKING IT WORK FOR USE BY NONPROFITS AS WELL.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH ASKED AIRPORT MANAGER MATTHEW HARRISON TO ADDRESS THE COUNCIL ON YEAREND UPDATES FOR THE MUNICIPAL AIRPORT.   MR. HARRISON STATED THAT THE APRON PROJECT WOULD BE COVERED PARTIALLY WITH A GRANT AND THAT USUALLY THE GRANTS ARE 100% FULLY REIMBURSED TO THE AIRPORT.  MR. HARRISON STATED THAT HE RECENTLY PURCHASED $33,000.00 WORTH OF FUEL FOR THE AIRPORT AND THAT HE HAD RECEIVED A GRANT FOR $26,000.00 REIMBURSING FUEL COSTS FOR THE AIRPORT.  MR. HARRISON STATED THAT THE RUNWAY RODEO WAS A SUCCESS AND HE HAS BEEN LOOKING INTO POTENTIAL FUNDING FOR HAVING MORE EVENTS SUCH AS THIS ON AIRPORT PROPERTY.  MR. HARRISON STATED THAT HE WOULD LIKE TO TRY AND DRIVE EXPANSION AT THE AIRPORT AT THIS POINT.  HE STATED THAT HE IS INTERESTED IN BUILDING A CORPORATE SIZED HANGAR AT THE AIRPORT AND THIS PROJECT WOULD RUN BETWEEN $1.2 AND $1.3 MILLION.  MR. HARRISON STATED THAT HE DOES HAVE AT LEAST ONE BUSINESS INTERESTED IN COMING TO THE AIRPORT PROPERTY AT THIS TIME AND THAT IF THIS BUSINESS WERE TO LOCATE HERE, PEOPLE COULD TAKE FLYING LESSONS AT OUR AIRPORT.  MR. HARRISON STATED THAT HE DID NOT THINK WE WOULD EVER BE ABLE TO HAVE AN AIRLINE THROUGH THE BENTON AIRPORT, BUT HE DID BELIEVE THAT WITH THE CORPORATE HANGAR, CHARTER FLIGHTS WOULD BECOME AVAILABLE.  COMMISSIONER GARAVALIA ASKED WHERE WE WERE WITH REGARDS TO RUNWAY EXPANSION.  MR. HARRISON STATED THAT HE IS NOT EVEN ABLE TO TALK TO THE FAA REGARDING THIS SUBJECT UNTIL THE NEED FOR RUNWAY EXTENSION HAS BEEN SHOWN. 

THERE WAS NO MISCELLANEOUS BUSINESS. 

IN OLD BUSINESS, COMMISSIONER STOREY STATED THAT THE POLICE DEPARTMENT IS STILL IN NEED OF SWITCHING THEIR LIGHTING TO LED AS THEY ARE HAVING TO REPLACE LOTS OF BALLAST OF LATE.  COMMISSIONER STOREY STATED THAT HE WOULD ADDRESS THIS AS AN AGENDA ITEM AT THE NEXT MEETING. 

THERE WAS NO NEW BUSINESS.

NO MATTERS OF FROM THE PUBLIC AUDIENCE. 

COMMISSIONER KAYS MADE A MOTION TO ADJOURN THE MEETING.  SECONDED BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

6:30 P.M.

MAYOR MESSERSMITH CALLED THE MEETING TO ORDER, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS¸ AND MAYOR MESSERSMITH WERE PRESENT FOR ROLL CALL.

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY JUNE 12^, 2023. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #000991 FROM BLUE RIDGE TRACTOR FOR 55 GALLONS OF OIL, TOTALING $1480.42. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00483 FROM LOYD ELECTRIC FOR A GENERATOR AT THE WATER TOWER TO POWER THE POLICE AND FIRE REPEATER, TOTALING $8820.00. SECONDED BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #000992 FORM SCHAEFFER’S SPECIALIZED LUBRICANTS FOR VARIOUS GREASES, TOTALING $922.30. SECONDED BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER STOREY PRESENTED A LAKE LOT LEASE TRANSFER OF LOT 150 FROM MR. THOMAS MCAFOOS TO MR. ROBERT C. WAGNON AND MAKE A MOTION TO APPROVE THE TRANSFER. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER STOREY DISCUSSED ITEM 4C, STATING THAT THE PART-TIME CODES EMPLOYEE HADN’T PUT A BID IN FOR FULL-TIME AND THAT COMMISSIONER STOREY FELT SPLITTING THE TIME WAS A WASTE. COMMISSIONER STOREY MADE A MOTION TO START THE PROCESS TO HIRE A FULL-TINE WATER DEPARTMENT EMPLOYEE. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. AFTER THE VOTE COMMISSIONER STOREY ASKED IF WE TAKE APPLICATIONS FOR THIS POSITION AND ATTORNEY THOMAS MALKOVICH STATED THE COUNCIL MUST FOLLOW THE GUIDELINES WITHIN THE BARGAINING UNIT’S CONTRACT.

COMMISSIONER COCKRUM STATED HE HAD NO PURCHASE ORDERS THIS EVENING.

COMMISSIONER COCKRUM PRESENTED A RESOLUTION TO FOR ROAD CLOSURE DURING THE CELEBRATION & CAR SHOW PUT ON BY THE BENTON/WEST CITY CHAMBER OF COMMERCE ON SEPTEMBER 9, 2023, WITH A RAIN DATE OF SEPTEMBER 23, 2023, FROM 12:00 PM TO 6:00 PM. COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THIS RESOLUTION, SUBJECT TO A CORRECT RESOLUTION NUMBER. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00110 FROM GALLS, FOR EQUIPMENT FOR NEW HIRE, TOTALING $719.15. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER GARAVALIA STATED THE PAID-ON CALL LIST FOR THE FIRE DEPARTMENT WAS NEEDING TO BE ADDED TO. MAYOR MESSERSMITH STATED THAT WE NEED TO MAKE SURE WE ARE REMOVING THE APPROPRIATE PEOPLE FROM THE LIST WITH THE STATE LAW ALLOTTING 40 HOURS OF PTO TO ALL EMPLOYEES, PART-TIME OR OTHERWISE. ATTORNEY MALKOVICH STATED MS. MENO HAS INFORMATION OF THE SUBJECT AND HAS APPROACHED HIM ABOUT THIS BEFORE. COMMISSIONER GARAVALIA MADE A MOTION TO ADVERTISE FOR ADDING TO THE PAID-ON CALL LIST. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER GARAVALIA STATED SHE WAS APPROACHED BY BILL ‘SCOOTER’ NELMS ABOUT THE CURRENT DONATED SQUAD CAR, STATING IT IS IN NEED OF REPLACEMENT. COMMISSIONER GARAVALIA ASKED POLICE CHIEF CHRIS FUNKHOUSER TO SPEAK ON THE MATTER OF THE SURPLUS PROPERTY. CHIEF FUNKHOUSER EXPLAINED THE POLICE DEPARTMENT HAS AN UNMARKED CAR WITH 70,XXX MILES ON IT. CHIEF FUNKHOUSER STATED IT DOES NEED A POWER STEERING PUMP BUT IT STARTS AND HAS AC. COMMISSIONER GARAVALIA MADE A MOTION TO DECLARE THIS SQUAD CAR AS SURPLUS PROPERTY. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER GARAVALIA MADE A MOTION TO DONATE THE SURPLUS SQUAD CAR TO THE BENTON COMMUNITY PARK DISTRICT. SECONDED BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER GARAVALIA STATED THE COUNCIL MAY NEED TO ADDRESS AND CLARIFY THE BURN ORDINANCE BECAUSE THERE SEEMS TO BE SOME CONFUSION OF WHEN AND WHEN THERE IS NOT A BURN BAN IN EFFECT. SHE ALSO STATED THAT FIRE CHIEF SHANE COCKRUM WAS EXPECTING MONDAY JUNE 26, 2023 TO BE A NO BURN DAY BUT HAD NEVER HEARD ANYTHING. COMMISSIONER STOREY STATED HE WAS AT THE FIRE STATION WHEN THE CALL CAME IN AND THAT THERE WAS A BURN BAN PUT IN EFFECT. ATTORNEY MALKOVICH RECOMMENDED PERHAPS THE COUNCIL LOOK INTO RELIABLE METHOD OF ADVERTISEMENT FOR THE BURN BAN NOTICE. COMMISSIONER KAYS STATED THAT CHIEF COCKRUM HAS POSTED IT TO THE BENTON FIRE DEPARTMENT’S FACEBOOK PAGE AND COMMISSIONER COCKRUM SUGGESTED USING THE LOCAL RADIO STATION.

COMMISSIONER KAYS STATED HE HAD NO PURCHASE ORDERS OR MONTHLY BILLS THIS EVENING.

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL TOTALING $104,982.99 WITH THE GENERAL FUND PORTION BEING $79,027.98 AND THE WATER & SEWER PORTION BEING $25,2955.01. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER KAYS STATED HE WOULD LIKE TO TAKE MATTER 7C INTO CLOSED EXECUTIVE SESSION.

COMMISSIONER KAYS STATED HE WOULD LIKE TO START WORKING ON THE PERSONAL CODE FOR NEPOTISM IN THE CITY OF BENTON, SAYING HE WISHED TO BE PROACTIVE TO THE POTENTIAL PROBLEMS AND NOT REACTIVE LIKE SOME OF THE OTHER SURROUNDING COMMUNITIES. COMMISSIONER KAYS MADE A MOTION TO MOVE FORWARD WITH THE PROCESS TO WRITE/DEFINE THE POLICY. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

MAYOR MESSERSMITH STATED HE HAD NO UPDATES THIS EVENING.

MAYOR MESSERSMITH STATED HE HAD TWO PURCHASE ORDERS TONIGHT FOR THE CLEAN UP OF DEBRIS AT 406 W. WEBSTER, 408 W. WEBSTER, AND 301 E. WEBSTER INDIVIDUALLY. MAYOR MESSERSMITH ASKED ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR BRIAN CALCATERRA TO SPEAK ON THE SUBJECT. MR. CALCATERRA EXPLAINED THAT HE AND ATTORNEY MALKOVICH HAD WORKED THROUGH THE ORDINANCE VIOLATION COURT SYSTEM TO ACQUIRE A JUDGEMENT AGAINST THESE PROPERTIES. MR. CALCATERRA STATED THAT WHILE THIS WOULD BE CLEANING UP SOMEONE ELSE’S MESS, THIS WOULD NOT BE LIKE HAULING SCRAP FROM A YARD THAT WILL LOOK THE SAME WAY AGAIN IN A MONTH, AND THAT THE MONEY USED WOULD COME FROM THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY (IHDA) GRANT WHICH IS ALREADY ALLOCATED TO DEMOS. WHEN ASKED ABOUT THE POSSIBILITY OF REPAYMENT ON THESE PROPERTIES MR. CALCATERRA STATED A LIEN CAN BE FILED AND WOULD MOST LIKELY RECOUP TWO OF THE THREE EXPENSES. COMMISSIONER KAYS MADE THE MOTION TO APPROVE THE PURCHASE ORDER FOR 406 & 408 W WEBSTER, TOTALING $3675.00. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE PURCHASE ORDER FOR 301 E WEBSTER, TOTALING $4500.00. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

MAYOR MESSERSMITH STATED HE WANTED TO INFORM THE COUNCIL THAT HE HAS BEEN IN CONTACT WITH WEST CITY, SESSER, AND THE REND LAKE CORE OF ENGINEERS REGARDING PUTTING ON FIREWORKS SHOW FOR 2024. MAYOR MESSERSMITH STATED HE WILL CONTINUE TO WORK WITH THESE GROUPS TO PUT ON A SHOW AND MAKE IT CLEAR IT IS NOT A CHAMBER OF COMMERCE EVENT. COMMISSIONER COCKRUM SAID IT WAS SADDENING TO SEE THE LIST OF PLACES PUTTING ON FIREWORKS SHOW THIS YEAR AND TO NOT HAVE SEEN BENTON ON THAT LIST. MAYOR MESSERSMITH STATED THAT RICK LINTON HAS AGREED TO HELP WITH THE ADVERTISEMENT OF THIS AND ALSO THE CITY’S ECLIPSE PLANS AS WELL.

NO MISCELLANEOUS BUSINESS.

NO OLD BUSINESS.

IN MATTERS OF NEW BUSINESS COMMISSIONER KAYS STATED THAT WITH THE COUNCIL’S RECENT VOTE TO ALLOW LEADMEN TO TAKE HOME THEIR WORK VEHICLES THE CITY OWNED VEHICLES POLICY WAS GOING TO NEED TO BE WORKED ON. IT WILL INVOLVE USING THE IRS MILAGE RATE FROM THE RESIDENCE TO THE BASE OF OPERATION. FOR THE PUBLIC WORKS DIRECTOR BASE WOULD BE CITY HALL, FOR THE STREET DEPARTMENT LEADMAN BASE WOULD BE THE STREET BARN, AND FOR THE WATER DEPARTMENT LEADMAN BASE WOULD BE THE WATER BARN.

COMMISSIONER KAYS STATED THAT THE BAD DEBT POLICY HAS BEEN ISSUED TO THE FAA AND WE ARE NOW WAITING ON THEIR FEEDBACK TO PRESENT IT TO THE COUNCIL.

COMMISSIONER KAYS SPOKE ABOUT NEEDING TO PUT IN A BULK WATER PURCHASE POLICY. COMMISSIONER STOREY STATED WE WOULD NEED A WAY TO VERIFY THE AMOUNT OF WATER BEING PURCHASED, AND IT WAS SUGGESTED PUTTING A METER ON OUT AT THE WATER BARN. COMMISSIONER STOREY SPOKE ABOUT WANTING TO BRING BACK THE SEWER REDUCTION FOR POOL FILL-UPS.

IN MATTERS FROM THE PUBLIC AUDIENCE MR. TOM CARTER ASKED IF IT HAD BEEN THOUGHT ABOUT OR THOUGHT FAIR TO ALLOW FOR POOL ADJUSTMENTS ON THE SEWER BILL WHEN SOMEONE WATERING THEIR GARDEN THROUGH THE SUMMER WILL BE CHARGED FOR THE SEWER BY THE WATER GOING THROUGH THE METER. COMMISSIONER KAYS SUGGESTED MAYBE IT COULD BE INCLUDING IN THE POLICY FOR ADJUSTMENTS.

1. CARTER EXPRESSED HIS PLEASURE IN HEARING THE ABOUT THE REVIEW FOR THE CITY OWNED VEHICLE POLICY AND HAD ASKED IF THE COUNCIL HAD REVIEWED THE REASON THE VEHICLES WERE TAKEN AWAY YEARS AGO. PERSONNEL WAS CAUGHT ABUSING THE CITY TRUCKS FOR PERSONAL USE. COMMISSIONER KAYS STATED THAT THE PERSONNEL USING THE TRUCKS WOULD SIGN A WAIVER STATING IT IS FOR OFFICIAL USE ONLY AND THIS IS WHY THE OPTION IS ONLY BEING OFFERED TO THE HEADS OF THE DEPARTMENTS.

1. CARTER ASKED IF THE SEWER DEPARTMENT HAD ASKED THE COUNCIL TO PURCHASE ANY AMOUNTS OF VEGETABLE OIL, AS THE PUMPS ARE SUPPOSED TO BE EMPTIED AND CLEANED REGULARLY. HE SATED THAT DURING HIS TIME THEY WERE SWITCHING FROM A FULL SYNTHETIC OIL TO MORE NATURAL OILS AND HE WOULD BE INTERESTED TO KNOW IF THEY SEALS HAD BEEN CHECKED WHEN THEY CLEANED THE OLD OIL OUT.

1. CARTER ASKED ABOUT THE EXPIRATION DATE OF THE PERRY RIDGE LANDFILL CONTRACT. STATING IT WAS PUBLISHED IN AN ARTICLE THAT NEW TESTING IS COMING OUT FOR “FOREVER CHEMICALS” AND THAT SOMEWHERE ELSE HAD BEEN RECEIVING LEACHATE AND THAT IT WAS FOUND THEY HAD CONTAMINATED THEIR WHOLE SEWER PLANT. MR. CARTER LATER CIRCLED AROUND LATER TO INCLUDE THAT 3M HAD TO PAY OUT A MULTI-BILLION-DOLLAR LAWSUIT OVER THIS EXACT ISSUE.

1. CARTER STATED THAT AFTER 20 YEARS OF TODD THOMAS BEING ON THE REND LAKE CONSERVANCY BOARD, HE FEELS IT IS TIME FOR A NEW FACE.

1. CARTER STATED HE IS GLAD THAT THE COUNCIL BROUGHT UP NEPOTISM. HE READ OFF A LIST THAT HE HAD CREATED WITH NAMES OF PREVIOUS AND CURRENT CITY EMPLOYEES THAT ARE RELATED TO EACH OTHER IN SOME FORM OR FASHION. MR. CARTER ALSO STATED THAT THERE SEEMS TO BE A LOT OF FAVORITISM AND NEPOTISM HAPPENING IN THE CITY OF BENTON. COMMISSIONER KAYS SATED THAT THE CITY IS NOT AS BAD AS SOME AND THAT HE HOPES TO GET ON THE UP AND UP IN REGARDS TO PREVENTION AND POLICING IT. MR. CARTER EXPRESSED HIS CONCERN WITH GIVING THE PUBLIC WORKS DIRECTOR, CRAIG MILES, HEALTH INSURANCE. HE SAID IT WAS A DIRECT SHOW OF FAVORITISM AND HE WANTED TO KNOW WHAT WOULD HAPPEN IN THE CONTRACT NEGOTIATION FOR THE POLICE AND FIRE CHIEFS. ATTORNEY MALKOVICH REPLIED THAT THIS CONTRACT IS THE ONLY ONE THE INSURANCE IS CURRENTLY NEGOTIATED INTO. MR. CARTER SAID IT WAS IN THE PUBLIC WORKS DIRECTOR’S CONTRACT TO BE ABLE TO GO BACK INTO THE UNION TO RECEIVE THE SAME BENEFITS AS THE UNION AND THAT COUNCIL DID NOT NEED TO ADD IT TO HIS CONTRACT EXPECT TO SHOW THE DIRECTOR FAVORITISM.

COMMISSIONER KAYS MADE A MOTION TO GO TO EXECUTIVE SESSION TO DISCUSS ITEM 7C ON THE AGENDA. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

5:31 P.M.

COMMISSIONER GARAVALIA MADE A MOTION TO RETURN FROM EXECUTIVE SESSION. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

6:05 P.M.

COMMISSIONER KAYS MADE A MOTION TO GIVE A RETIREMENT INCENTIVE BONUS OF $12,500.00 FOR TIER 1, NON-UNION, CURRENTLY EMPLOYED EMPLOYEES. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 1.  COMMISSIONER STOREY. NAYS: 4. COMMISSIONER COCKRUM, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH.

COMMISSIONER STOREY MADE A MOTION TO ADJOURN. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

6:10 P.M.