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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.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY MAY 22, 2023 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE BENTON CITY HALL LOCATED AT 1403 SOUTH MAIN STREET, BENTON, ILLINOIS.

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

MAYOR MESSERSMITH ASKED CODY WILLIFORD TO COME BEFORE THE COUNCIL.  MAYOR MESSERSMITH SWORE IN CODY WILLIFORD AS THE CODE ENFORCEMENT OFFICER. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MONDAY, MAY 8, 2023, WITH THE AMENDMENT OF ONE SENTENCE UNDER PUBLIC COMMENT REGARDING THE NUMBER OF APPLICATIONS RECEIVED BY THE CITY OF BENTON FOR THE POSITION OF THE CODE ENFORCEMENT OFFICER POSITION.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE CONTINUED MEETING HELD ON FRIDAY, MAY 12, 2023.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0.  COMMISSIONER STOREY ABSTAINED. 

MAYOR MESSERSMITH ASKED MIKE TYSON OF TAKE ACTION TODAY TO DISCUSS THEIR PROGRAM WITH THE COUNCIL.  IT WAS STATED THAT THERE WAS NO COST ASSOCIATED WITH ENTERING INTO AN INTERAGENCY AGREEMENT WITH TAKE ACTION TODAY.  THE AGENCY WOULD PROVIDE NON-CLINICAL PEER SUPPORT SERVICES, AID WITH RESOURCE LOCATION AND UTILIZATION, RESPOND TO OPIOID OVERDOSE SCENES, ASSIST WITH MENTAL HEALTH CRISIS(S), AND ASSIST WITH LOCATING TREATMENT OPTIONS FOR INDIVIDUALS ENCOUNTERED BY THE BENTON POLICE DEPARTMENT.  COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE ENTERING INTO AN INTERAGENCY AGREEMENT WITH TAKE ACTION TODAY.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00501 TO HEARTLAND OFFICE SUPPLY FOR A BROTHER PRINTER IN THE WATER DEPARTMENT OFFICE IN THE AMOUNT OF $629.59.  SECOND BY COMMISSIONER KAYS.    VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER STOREY STATED THAT HE HAD NO LAKE LOT LEASE TRANSFERS FOR THIS MEETING. 

COMMISSIONER STOREY ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (C) DISCUSSION AND/OR APPROVAL OF REND LAKE CONSERVANCY DISTRICT WATER CONTRACT.  ATTORNEY MALKOVICH STATED THAT THE CONSERVANCY DISTRICT WAS INCREASING RATES AND THAT WE HAD A CHOICE OF A 1-YEAR CONTRACT OR A 3-YEAR CONTRACT.  ATTORNEY MALKOVICH STATED THAT AFTER SPEAKING WITH THE FINANCE COMMISSIONER AND THE TREASURER, IT WAS DECIDED THAT THE CITY WOULD BE ABLE TO ABSORB THE RATE INCREASE FOR THE FIRST YEAR AND NOT HAVE TO RAISE RATES FOR THE CITIZENS OF BENTON.  COMMISSIONER KAYS STATED THAT HE RECEIVED A CALL FROM A BOARD MEMBER OF THE CONSERVANCY DISTRICT WHILE ON HIS WAY TO THE COUNCIL MEETING THAT SUGGESTED WE SHOULD ONLY DO THE 1-YEAR CONTRACT.  COMMISSIONER KAYS STATED THAT THE CONSERVANCY DISTRICT THINKS THEY MAY HAVE ESTIMATED HIGH AND THE RATE AFTER THE FIRST YEAR MAY NOT NEED TO BE AS MUCH OF AN INCREASE.  COMMISSIONER KAYS THEN MADE A MOTION TO APPROVE SIGNING A 1-YEAR CONTRACT WITH REND LAKE CONSERVANCY DISTRICT.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

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

COMMISSIONER COCKRUM STATED HE WOULD NEED TO GO INTO EXECUTIVE SESSION TO DISCUSS ITEM (B) DISCUSSION AND/OR APPROVAL OF EMPLOYMENT CONTRACT FOR THE PUBLIC WORKS DIRECTOR. 

COMMISSIONER COCKRUM MADE A MOTION TO ACCEPT THE LOW BID OF CA6/CA10 FROM BEELMAN TRUCKING IN THE AMOUNT OF $36,760.00 FOR 500 TONS OF CA/10 AND 1500 TONS OF CA/6.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER COCKRUM MADE A MOTION TO REJECT ALL THE BAM BIDS AND ASK FOR CONTRACTORS TO REBID BASED UPON CLARIFICATIONS DUE TO SOME CONFUSION IN THE PREVIOUS BID PROCESS.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER COCKRUM MADE A MOTION TO NAME PSC ENGINEERING AND SURVEYING AS THE WEST MAIN PROJECT ENGINEER.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER COCKRUM MADE A MOTION TO ALLOW PUBLIC WORKS DIRECTOR CRAIG MILES TO ATTAIN PETROFF ROAD EASEMENTS.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PUTTING THE WHISPER WAY OVERLAY PROJECT OUT FOR BID.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00395 TO ROGERS TOWING FOR TOWING OF FIRE TRUCK #803 TO DAVE SCHMIDT TRUCKING DUE TO TRANSMISSION FAILURE IN THE AMOUNT OF $725.00.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00393 TO THIN LINE PUBLIC SAFETY IN THE AMOUNT OF $1,780.00 FOR REPLACEMENT OF BROKEN LIGHT BAR ON ENGINE #803.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00394 TO DAVE SCHMIDT TRUCK SERVICE TO REPLACE THE TRANSMISSION IN ENGINE #803 IN THE AMOUNT OF $12,804.66.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00395 TO WITMER PUBLIC SAFETY GROUP FOR ONE PAIR OF FIREFIGHTER BOOTS AND 1 FIREFIGHTER RESCUE BELT IN THE AMOUNT OF $830.95.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE A BICYCLE RODEO AT THE BENTON POLICE DEPARTMENT WITH THE HELP OF THE BENTON CUB SCOUT PACK 7028 AND THE BENTON AREA VOLUNTEERS TO TAKE PLACE ON TUESDAY, JUNE 13, 2023 AT 6-7:30 P.M.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER GARAVALIA MADE A MOTION TO ACCEPT THE 1-YEAR NOTIFICATION OF FIREFIGHTER JEFF COLEMAN’S RETIREMENT PER BARGAINING AGREEMENT.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

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

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR THE GENERAL FUND IN THE AMOUNT OF $68,732.17 AND WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $24,952.71 FOR A TOTAL PAYROLL OF $93,684.88.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

ATTORNEY MALKOVICH STATED THAT HE HAD NO UPDATES. 

IN THE PUBLIC AFFAIRS REPORT, MAYOR MESSERSMITH STATED THAT THE CITY HAD RECEIVED WORD FROM REG ANKROM WITH SIMEC, THE BROKER FOR THE CITY OF BENTON’S ELECTRIC AGGREGATION PROGRAM.  THE MARKET RATE THE CITY HAS BEEN LOCKED IN WITH IS $0.0866.  THIS RATE WILL TAKE EFFECT ON JULY 1, 2023 AND RUN THROUGH JUNE OF 2024. 

MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS. 

MAYOR MESSERSMITH STATED THAT THERE WERE PROPOSED AMENDMENTS MADE TO CHAPTER 1 OF THE REVISED CODE OF ORDINANCES #19-02.  DISCUSSION WAS HELD REGARDING WHAT THE CHANGES WERE.  COMMISSIONER GARAVALIA STATED THAT SHE FELT LIKE THE CHANGES TOOK EMPLOYEES AWAY FROM ONE COMMISSIONER AND PUT OVER HALF OF THE EMPLOYEES UNDER JUST 1 COMMISSIONER.  SHE STATED THAT SHE FELT LIKE THAT WAS TOO MUCH ON 1 COMMISSIONER.  ATTORNEY MALKOVICH STATED THAT THE ONLY PEOPLE WHO WOULD CHANGE SUPERVISORS WOULD BE THE CITY CLERK, THE WATER CLERK, AND BILLING CLERK.  MAYOR MESSERSMITH STATED THAT EVERYTHING THAT THE WATER CLERK AND THE BILLING CLERK DO IS IN THE WATER DEPARTMENT AND THEREFORE THEY SHOULD ANSWER TO THE WATER AND SEWER COMMISSIONER.  COMMISSIONER KAYS STATED THAT THERE ARE OTHER ARTICLES IN THE REVISED CODE OF ORDINANCE THAT ALSO NEED TO BE WORKED ON AND CLEANED UP.  COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO SEE A SIDE-BY-SIDE COMPARISON OF ALL THE AMENDMENTS BEFORE A VOTE IS TAKEN ON THIS ITEM.  COMMISSIONER COCKRUM AGREED THAT HE ALSO WOULD LIKE TO SEE A SIDE-BY-SIDE COMPARISON.  COMMISSIONER GARAVALIA MADE A MOTION TO TABLE THE APPROVAL OF AMENDING CHAPTER ONE – ADMINISTRATION OF THE REVISED CODE OF ORDINANCES #19-02.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO DISCUSS ITEM (E) DISCUSSION AND/OR APPROVAL OF EMPLOYMENT CONTRACT FOR ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR, IN EXECUTIVE SESSION. 

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO ADDRESS ITEM (F) DISCUSSION AND/OR APPROVAL OF THE PETITION FOR ANNEXATION OF LAND FOR CJ LANDS – FRANKLIN, LLC.  MR. CALCATERRA STATED THAT THIS IS FOR BEN’S LAWN SERVICE.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS PETITION FOR ANNEXATION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

MAYOR MESSERSMITH STATED THAT THE CITY NEEDED TO APPOINT A MEMBER TO THE GREATER EGYPT REGION COMMISSIONER.  HE STATED THAT FOR THE PAST FEW YEARS’ PUBLIC WORKS DIRECTOR CRAIG MILES HAS BEEN ON THIS COMMISSIONER.  MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO BE THE MEMBER THAT IS APPOINTED AT THIS TIME.  COMMISSIONER GARAVALIA MADE A MOTION TO APPOINT MAYOR LEE MESSERSMITH AS A MEMBER TO THE GREATER EGYPT REGION COMMISSION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

NO MISCELLANEOUS BUSINESS.

NO OLD BUSINESS. 

IN NEW BUSINESS, COMMISSIONER STOREY STATED THAT THERE ARE TERMITES, RUST, AND IN GENERAL FALLING IN OF THE BUILDING CALLED THE WATER BARN.  HE STATED THAT THE STREET DEPARTMENT HAS MOLD AS WELL.  COMMISSIONER STOREY STATED THAT HE WOULD LIKE TO BEGIN THE CONVERSATION OF BUILDING NEW BUILDINGS AT BOTH OF THESE PLACES.  COMMISSIONER STOREY ALSO STATED THAT HE WOULD LIKE TO SEE THE LEAD MEN IN THE WATER AND STREET DEPARTMENT BE ALLOWED TO DRIVE THEIR WORK VEHICLES HOME.  HE SAID IF THERE IS AN EMERGENCY AND THESE MEN ARE CALLED OUT, THEY HAVE TO DRIVE TO THE BARN AND RETRIEVE THEIR VEHICLE BEFORE THEY CAN GET TO THE EMERGENCY.  COMMISSIONER COCKRUM STATED THAT THIS SOUNDED LOGICAL TO HIM. 

IN MATTERS FROM THE PUBLIC AUDIENCE, TOM CARTER ASKED IF THE REPRESENTATIVE FOR THE CITY OF BENTON ON THE REND LAKE CONSERVANCY DISTRICT IS UP FOR RENEWAL.  MAYOR MESSERSMITH STATED THAT THIS ITEM WILL BE ON THE NEXT AGENDA.  MR. CARTER STATED THAT HE HAD QUESTIONS FOR THE REPRESENTATIVE REGARDING BORROWING MONEY FROM WATER FUNDS.  MR. CARTER ASKED IF A FIREMAN WILL BE HIRED BEFORE THE YEAR FOR COLEMAN IS OVER.  COMMISSIONER GARAVALIA STATED THAT THIS WILL BE THE CASE.  MR. CARTER STATED THAT HE BELIEVES CODY WILLIFORD SHOULD HAVE LIVED IN BENTON OR SHOULD BE REQUIRED TO MOVE INTO THE CITY LIMITS.  MR. CARTER ASKED IF THE COMMISSIONER OVER PUBLIC WORKS WOULD JUST BEFORE CRAIG MILES OR IF THE EMPLOYEES WOULD ALSO BE CONSIDERED HIS EMPLOYEES.  MR. CARTER STATED THAT CRAIG MILES SHOULD BE CONSIDERED NONUNION WITH NO CLAUSE AND BE ON EQUAL GROUND. 

KAREN FREEMEN ASKED THE COUNCIL ABOUT A CROSSWALK FOR KOA.  MAYOR MESSERSMITH STATED THAT HE WILL BE IN CONTACT WITH THE CITY ENGINEER IN REGARDS TO THIS REQUEST.   

COMMISSIONER KAYS MADE A MOTION TO GO INTO EXECUTIVE SESSION FOR 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 COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

5:55 P.M.

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

6:29 P.M. 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE EMPLOYMENT CONTRACT FOR PUBLIC WORKS DIRECTOR CRAIG MILES.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  3.  COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  2.  COMMISSIONER KAYS AND COMMISSIONER GARAVALIA. 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE EMPLOYMENT CONTRACT FOR ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR BRIAN CALCATERRA.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

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

6:32 P.M.

MINUTES OF THE CONTINUED MEETING OF THE BENTON CITY COUNCIL HELD FRIDAY, JULY 14, 2023, AT 8:30 A.M. AT THE BENTON CITY HALL LOCATED AT 1403 S MAIN STREET, BENTON, ILLINOIS

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

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

ATTORNEY THOMAS MALKOVICH DISCUSSED THE BIG PACKETS THAT WERE RECEIVED FOR THE CITY OF BENTON’S RESIDENTIAL TRASH AND RECOMMENDED TO MAKE A MOTION ACCEPTING ONE OF THE TWO BIDS PRESENTED.

COMMISSIONER KAYS MADE A MOTION TO ACCEPT THE TRASH BID FROM REPUBLIC SERVICES. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

MAYOR MESSERSMITH ASKED ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR BRIAN CALCATERRA TO DISCUSS THE BID LETTING PROCESS FOR THE UPCOMING WATER MAIN PROJECT. MR. CALCATERRA EXPLAINED THAT THE CITY HAD NOT RECEIVED THE NOTICE TO PROCEED FROM DELTA REGIONAL AUTHORITY, BUT THAT HE HAS HAD DISCUSSION WITH CARRY MINIS AND THE CITY COULD APPROVE STARTING THE PROCESSES PENDING THE APPROVAL OF THE TAKE NOTICE.

COMMISSIONER KAYS MADE THE MOTION TO START THE BID LETTING PENDING THE APPROVAL OF THE NOTICE TO PROCEED FROM DELTA REGIONAL AUTHORITY. 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 ADJOURN. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

8:31 a.m.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY JULY 10, 2023 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE BENTON CITY HALL LOCATED AT 1403 SOUTH MAIN STREET, BENTON, ILLINOIS.

MAYOR MESSERSMITH CALLED THE MEETING TO ORDER.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, 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 CITY COUNCIL MEETING OF MONDAY, JUNE 26, 2023.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

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

COMMISSIONER STOREY MADE A MOTION TO APPROVE THE LAKE LOT LEASE TRANSFER FOR LOTS 109, 109A, AND 7 FROM DEBBIE HAMPLEMANN AND MARY LOU JONES TO ML& D JONES FAMILY TRUST.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0.  COMMISSIONER STOREY ABSTAINED. 

COMMISSIONER STOREY MADE A MOTION TO FIX THE FIRE DEPARTMENT ROOF IMMEDIATELY.  DISCUSSION WAS HELD REGARDING WHETHER OR NOT TO SEEK BIDS AND WHETHER OR NOT THE PREVIOUS CONTRACTOR SHOULD BE CONTACTED.  COMMISSIONER STOREY STATED THAT HE JUST WANTED TO MAKE SURE THE ROOF GOT FIXED.  MOTION WAS STILL ON THE TABLE AND WAS SUBSEQUENTLY SECONDED BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER STOREY MADE A MOTION TO AMEND THE ORDINANCE ALLOWING A ONE-TIME PER YEAR ADJUSTMENT FOR SEWER ON POOL FILLS.  AFTER DISCUSSION IT WAS STATED THAT IN ORDER TO GET THE ONE TIME PER YEAR ADJUSTMENT TO YOUR SEWER BILL, YOU MUST MEET ALL CRITERIA IN THE ORDINANCE.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS OR OTHER BUSINESS FOR THIS MEETING. 

COMMISSIONER GARAVALIA STATED THAT SHE HAD NO PURCHASE ORDERS OR OTHER BUSINESS FOR THIS MEETING.  COMMISSIONER GARAVALIA DID STATE THAT SHE WOULD LIKE TO HAVE A “NIGHT OUT” EVENT TO HONOR THE PD ON AUGUST 2, 2023 AND A BACK-TO-SCHOOL BLOCK PARTY WITH THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT FROM 4 P.M. TO 7 P.M. ON AUGUST 5, 2023.  COMMISSIONER GARAVALIA STATED THAT THE BENTON AREA VOLUNTEERS WILL BE HELPING WITH THIS EVENT.

COMMISSIONER KAYS STATED THAT HE HAD NO PURCHASE ORDERS.

COMMISSIONER KAYS MADE A MOTION TO APPROVE BILLS FOR THE AP FUND IN THE AMOUNT OF $314,862.39, OTHER FUNDS IN THE AMOUNT OF $34,775.83, AND MFT IN THE AMOUNT OF $38,524.06 FOR A TOTAL BILL AMOUNT OF $389,162.28.  SECOND BY COMMISSIONER STOREY.  COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR THE GENERAL FUND IN THE AMOUNT OF $68,732.17 AND WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $24,952.71 FOR A TOTAL PAYROLL OF $93,684.88.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR THE DATE OF 07/07/2023 FOR THE GENERAL FUND IN THE AMOUNT OF $71,562.44 AND THE WATER AND SEWER DEPARTMENT FOR A TOTAL OF $25,426.76 FOR A TOTAL PAYROLL IN THE AMOUNT OF $96,989.20.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER KAYS MADE A MOTION TO ALLOW ZONING ADMINISTRATOR/ECONOMIC DEVELOPMENT DIRECTOR BRIAN CALCATERRA, ATTORNEY THOMAS MALKOVICH, AND MAYOR LEE MESSERSMITH TO ATTEND THE ANNUAL TIF CONFERENCE IN CHICAGO IN SEPTEMBER.  COMMISSIONER KAYS STATED THAT THE UNION LEAGUE HOTEL WOULD BE COVERED BY THE CITY, TRAVEL WOULD BE REIMBURSED UP TO THE AMOUNT OF A BUSINESS CLASS TICKET ON AMTRAK, AND MEALS COVERED UP TO PER DIEM AMOUNT FOR COOK COUNTY WHICH IS CURRENTLY $59.25 ON TRAVEL DAYS AND $79.00 ON NONTRAVEL DAYS.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER KAYS STATED THAT HE DID NOT THINK THAT ALL THE COMMISSIONER SHOULD GO TO THE ANNUAL ILLINOIS MUNICIPAL LEAGUE CONFERENCE IN CHICAGO BEING HELD THIS SEPTEMBER.  COMMISSIONER KAYS STATED THAT HE BELIEVES THE COMMISSIONERS SHOULD GO ON A ROTATING BASIS TO HELP KEEP COSTS DOWN.  COMMISSIONER STOREY STATED THAT HE IS NOT INTERESTED IN GOING TO A CONFERENCE IN CHICAGO AND COMMISSIONER COCKRUM STATED THAT HE HAS PRIOR COMMITMENTS AND WOULD NOT BE ABLE TO ATTEND THIS YEAR EITHER.  COMMISSIONER KAYS STATED THAT AFTER READING THIS YEAR’S AGENDA, HE FEELS FINANCE SHOULD BE THE COMMISSIONER TO ATTEND THIS YEAR.  COMMISSIONER GARAVALIA STATED THAT SHE SHOULD LIKE TO BE CONSIDERED.  COMMISSIONER KAYS MADE A MOTION TO ALLOW ZONING ADMINISTRATOR/ECONOMIC DEVELOPMENT DIRECTOR BRIAN CALCATERRA, ATTORNEY THOMAS MALKOVICH, CITY CLERK BROOK CRAIG, FINANCE COMMISSIONER CHRISTOPHER KAYS, AND MAYOR LEE MESSERSMITH TO ATTEND THE ANNUAL IML CONFERENCE IN CHICAGO BEING HELD SEPTEMBER OF 2023.  THE HILTON HOTEL WILL BE COVERED BY THE CITY, TRAVEL WILL BE REIMBURSED UP TO THE COST OF A ROUNDTRIP BUSINESS CLASS AMTRAK TICKET, AND FOOD WILL BE REIMBURSED UP TO COOK COUNTY PER DIEM RATES OF $59.25 ON TRAVEL DAYS AND $79.00 ON NONTRAVEL DAYS.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO DISCUSS ITEM (E) DISCUSSION AND/OR APPROVAL OF HIRING A NEW EMPLOYEE IN WATER/SEWER DEPARTMENT WITH POSSIBLE NEW JOB CLASSIFICATION, IN EXECUTIVE SESSION. 

COMMISSIONER KAYS ASKED CITY CLERK BROOK CRAIG TO OPEN THE SEALED TRASH BIDS.  CITY CLERK CRAIG STATED THAT THERE WERE TWO BIDS RECEIVED.  THE FIRST BID WAS FROM AAA DISPOSAL.  PRICES IN THE FIRST BID WERE AS FOLLOWS:

THE SECOND BID WAS FROM REPUBLIC SERVICES.  PRICES IN THE SECOND BID ARE AS FOLLOWS:

COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO CONTINUE THE MEETING TO FRIDAY AND MAKE A DECISION ON ACCEPTING A BID AT THAT TIME.  NO FURTHER ACTION WAS TAKEN ON THESE BIDS AT THIS TIME.

ATTORNEY MALKOVICH STATED THAT HE HAD NO UPDATES. 

IN THE PUBLIC AFFAIRS REPORT, MAYOR MESSERSMITH STATED THAT HAVE BEEN 3 LOTS RECENTLY CLEANED UP.  THE COSTS TO CLEAN THESE LOTS UP WAS COVERED BY GRANT MONIES. 

MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING. 

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO PRESENT ITEM (C) DISCUSSION AND/OR APPROVAL OF RESOLUTION ACCEPTING GRANT FROM THE DELTA REGIONAL AUTHORITY CONCERNING WATER MAIN EXTENSION.  MR. CALCATERRA STATED THAT THIS RESOLUTION IS FOR THE $104,200.00 OF PUBLIC FUNDS TO BE PROVIDED BY THE CITY OF BENTON TO FUND THIS PROJECT.  COMMISSIONER STOREY MADE A MOTION TO APPROVE RESOLUTION #23-13 ACCEPTING THE GRANT FROM THE DELTA REGIONAL AUTHORITY.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

MAYOR MESSERSMITH STATED NO ACTION WOULD BE TAKEN ON ITEM (D) DISCUSSION AND/OR APPROVAL TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF WATER MAIN EXTENSION TO INDUSTRIAL PARK II.  MAYOR MESSERSMITH STATED THAT THIS WOULD BE DISCUSSED FURTHER AT THE CONTINUED MEETING ON FRIDAY. 

MAYOR MESSERSMITH ASKED MR. CALCATERRA TO HANDLE ITEM (E) DISCUSSION AND/OR APPROVAL OF THE APPLICATION TO ZONE THE PROPERY LOCATED AT 1503 N. MAIN STREET FROM NOT ZONED TO B-2, MADE BY CJ LANDS FRANKLIN LLC.  MR. CALCATERRA STATED THAT THIS APPLICATION HAS BEEN APPROVED BY THE ZONING BOARD AT THE JULY 5, 2023 ZONING AND PLANNING COMMISSION BOARD MEETING.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THE APPLICATION TO ZONE THE PROPERTY LOCATED AT 1503 NORTH MAIN STREET FROM NOT ZONED TO B-2 MADE BY CJ LANDS FRANKLIN LLC.  SECOND BY COMMISSIONER COCKRUM.  HAS BEEN VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

MAYOR MESSERSMITH ASKED MR. CALCATERRA TO HANDL ITEM (F) DISCUSSION AND/OR APPROVAL OF THE APPLICATION FOR SPECIAL USE PERMIT MADE BY CJ LANDS FRANKLIN LLC TO ALLOW FOR COMMERCIAL SALE OF FARM IMPLEMENTS AT 1503 NORTH MAIN STREET.  MR. CALCATERRA STATED THAT THE ZONING AND PLANNING COMMISSION APPROVED THIS APPLICATION FOR SPECIAL USE PERMIT AT THE JULY 5, 2023 BOARD MEETING.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THE APPLICATION FOR SPECIAL USE PERMIT MADE BY CJ LANDS FRANKLIN LLC TO ALLOW FOR COMMERCIAL SALE OF FARM IMPLEMENTS AT 1503 NORTH MAIN STREET.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

NO MISCELLANEOUS BUSINESS.

NO OLD BUSINESS. 

IN NEW BUSINESS, COMMISSIONER STOREY STATED THAT HE WAS CONTACTED BY A MEMBER OF THE CONCRETE FINISHER’S UNION.  COMMISSIONER STOREY STATED THAT THEY ARE LOOKING FOR PROPERTY FOR A TRAINING SYSTEM.  COMMISSIONER STOREY ALSO STATED THAT THERE IS WATER COMING IN THE POLICE DEPARTMENT. 

IN MATTERS FROM THE PUBLIC AUDIENCE, MR. TOM CARTER ASKED WHICH COMMISSIONER IS ACTUALLY OVER THE WATER DEPARTMENT.  COMMISSIONER STOREY STATED HE DID NOT KNOW.  ATTORNEY MALKOVICH STATED THAT NOTHING HAS CHANGED FOR PUBLIC PROPERTIES AND THAT COMMISSIONER STOREY IS STILL OVER THE WATER DEPARTMENT.  MR. CARTER ALSO ASKED THE COUNCIL IF THEY HAD CONSIDERED GIVING PREFERENCE TO PEOPLE WITH IN-GROUND POOLS IN REGARDS TO ADJUSTMENTS AS AN IN-GROUND POOL RAISES PROPERTY VALUE AND AN ABOVE GROUND POOL DOES NOT.

COMMISSIONER COCKRUM MADE A MOTION TO GO INTO EXECUTIVE SESSION FOR 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 GARAVALIA.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

5:50 P.M. 

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

6:27 P.M. 

NO ACTION WAS TAKEN AFTER EXECUTIVE SESSION REGARDING ITEM 7(E) DISCUSSION AND/OR APPROVAL OF HIRING NEW EMPLOYEE IN WATER/SEWER DEPARTMENT WITH POSSIBLE NEW JOB CLASSIFICATION.  MOTION TO TABLE THIS ITEM WAS MADE BY COMMISSIONER COCKRUM.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

MOTION TO CONTINUE THE MEETING TO FRIDAY, JULY 14, 2023 AT 8:30 A.M. FOR APPROVAL OF TRASH BID AND TO ADVERTISE FOR THE WATER MAIN EXTENSION WAS MADE BY COMMISSIONER STOREY.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

6:28 P.M.