MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY SEPTEMBER 8, 2025 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE CAMPBELL BUILDING LOCATED AT 901 PUBLIC SQUARE, BENTON, ILLINOIS.
MAYOR MESSERSMITH CALLED THE MEETING TO ORDER. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER KAYS, COMMISSIONER GARAVALIA, AND MAYOR MESSERSMITH WERE PRESENT FOR ROLL CALL.
COMMISSIONER KAYS MADE A MOTION TO ACCEPT THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING FROM AUGUST 25, 2025 AS PRESENTED. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
MAYOR MESSERSMITH STATED HE WANTED TO GO AHEAD AND LET RICK AND BARB LINTON PRESENT TO THE COUNCIL AT THIS TIME. MR. AND MRS. LINTON SHOWED A COMMERCIAL FEATURING ALL OF THE RESTAURANTS AROUND OUR HISTORIC SQUARE. MR. LINTON STATED THAT THIS IS BEING SHOWN AT A COUPLE OF REST AREAS AND IS ACTIVE ON THE INTERNET AT THIS TIME. THIS COMMERCIAL WILL ALSO HAVE A QR CODE IN THE RL ADVENTURES ISSUE AND THE 2026 VISITOR GUIDE. LONGTERM, THIS WILL BE ABLE TO BE VIEWED ON ENJOYILLINOIS.COM AND THE HISTORIC MAIN STREETS STATE TOURISM SITE. MRS. LINTON STATED THAT THIS COMMERCIAL WAS PAID FOR THROUGH TOURISM DOLLARS.
COMMISSIONER GARAVALIA STATED THAT SHE HAD NO PURCHASE ORDERS OR PUBLIC PROPERTY USE PERMITS FOR APPROVAL AT THIS MEETING.
COMMISSIONER GARAVALIA STATED THAT SHE WAS AWAITING CALL BACKS ON REPAIRS TO THE DOOR AT THE ANTIQUE CAR MUSEUM. COMMISSIONER GARAVALIA MADE A MOTION TO TABLE ITEM (C) ‘DISCUSSION AND/OR APPROVAL OF REPAIRS TO THE DOOR ON THE ANTIQUE GARAGE MUSEUM’ UNTIL A LATER DATE. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PURCHASE ORDER #00699 TO WIGG’S EXCAVATING FOR PAY ESTIMATE #4 IN THE AMOUNT OF $39,523.08. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PURCHASE ORDER #00344 TO T & T RECYCLING IN THE AMOUNT OF $875.00. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE POOL ADJUSTMENTS FOR 501 CARLTON STREET AND 209 CARLTON STREET. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO DENY THE POOL ADJUSTMENT FOR 200 EAST BLAKE STREET AS IT DOES NOT MEET THE CRITERIA SET FORTH IN THE ORDINANCE. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM STATED THAT HE HAS NO LAKE LOT LEASE TRANSFERS FOR THIS MEETING.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE RESOLUTION 25-11 FOR A ROAD CLOSURE FOR THE BCHS HOMECOMING PARADE TO BE HELD ON OCTOBER 3, 2025 AT APPROXIMATELY 1:30 P.M. SECOND 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 #00436 TO FAST TRUCK AND TRAILER FOR A VOLTAGE REGULATOR AND A SIREN BRAKE REPAIR IN THE AMOUNT OF $1,804.45. SECOND 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 PAYROLL FOR SEPTEMBER 12, 2025 FOR GENERAL FUND IN THE AMOUNT OF $81,652.77 AND FOR WATER AND SEWER FUND IN THE AMOUNT OF $27,093.20 FOR A TOTAL PAYROLL OF $108,745.97. SECOND BY COMMISSIONER GARAVALIA. 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 BILLS FOR THE AP FUND IN THE AMOUNT OF $330,130.33, FOR COMMUNITY EVENTS IN THE AMOUNT OF $5,045.50, FOR TIF IN THE AMOUNT OF $33,710.03. AND FOR MFT IN THE AMOUNT OF $181,342.52 FOR A TOTAL BILL AMOUNT OF $550,228.38. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
ATTORNEY MALKOVICH STATED THAT HE HAD NO UPDATES FOR THIS MEETING.
UNDER PUBLIC AFFAIRS REPORT UPDATES, MAYOR MESSERSMITH STATED THAT THE CAR SHOW WENT VERY WELL. MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO GIVE KUDOS TO JIMMY WELLS FOR ALL OF HIS WORK ON THE RC DRAG RACING. HE STATED THAT THIS EVENT WENT VERY WELL.
MAYOR MESSERSMITH PRESENTED PURCHASE ORDER #00698 TO THE TREASURER OF THE STATE OF ILLINOIS FOR THE RUNWAY LIGHTING PROJECT IN THE AMOUNT OF $28,828.46. COMMISSIONER COCKRUM MADE A MOTION TO ACCEPT THIS PURCHASE ORDER. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
MAYOR MESSERSMITH STATED THAT AN INSPECTION HAS BEEN DONE ON THE PROPERTY AT 105 NORTH MAIN STREET THAT THE CITY WAS INTERESTED IN PURCHASING. MAYOR MESSERSMITH STATED THAT AFTER REVIEWING THE INSPECTION FINDINGS, THE CITY WILL NO LONGER BE PURSUING THIS PROPERTY.
MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO DISCUSS COUNCIL POSITION/RESPONSIBILITY REASSIGNMENT. COMMISSIONER STOREY STATED THAT HE WOULD LIKE TO SPEAK. COMMISSIONER STOREY MOVED FROM THE COUNCIL TABLE TO THE PODIUM TO SPEAK TO THE COUNCIL. COMMISSIONER STOREY STATED THAT HE WOULD LIKE TO KNOW WHAT HE DID TO CAUSE THIS. COMMISSIONER STOREY ALSO ASKED IF THIS IS OVER THE FIRE CHIEF. HE THEN PROCEEDED TO HAND OUT TIME SHEETS TO THE COUNCIL THAT SHOWED TIME WORKED AND PTO FOR FIRE CHIEF SHANE COCKRUM. COMMISSIONER STOREY STATED TO THE COUNCIL THAT MAYOR MESSERSMITH AND COMMISSIONER KAYS WILL NOT ANSWER THE PHONE WHEN CHIEF COCKRUM CALLS THEM. HE STATED THAT HE BELIEVES ANY COUNCIL MEMBER SHOULD ANSWER THE PHONE WHENEVER ANY DEPARTMENT HEAD CALLS THEM. COMMISSIONER STOREY STATED THAT HE STANDS BEHIND CHIEF COCKRUM 100%. HE ALSO STATED THAT COMMISSIONER KAYS AND MAYOR MESSERSMITH ARE CREATING A HOSTILE WORK ENVIRONMENT AT THE FIRE DEPARTMENT. COMMISSIONER STOREY STATED HE KNOWS HE IS ALSO CREATING A HOSTILE WORK ENVIRONMENT BECAUSE “HE IS ON SHANE ALL THE TIME”. COMMISSIONER STOREY SAID HE DOES GET VERY MAD AT SHANE AND WANTS TO FIRE HIM, BUT HE HAS BEEN HERE 25 YEARS. COMMISSIONER STOREY THEN STATED THAT MAYOR MESSERSMITH AND COMMISSIONER KAYS ARE “BOTH SNAKES”. ATTORNEY MALKOVICH READ THE FOLLOWING STATE STATUTE.
65 ILCS 5/4-5-3) (FROM CH. 24, PAR. 4-5-3).
SEC. 4-5-3. EXCEPT WHERE CANDIDATES FOR COMMISSIONER ARE REQUIRED TO RUN FOR A SPECIFIC OFFICE, THE COUNCIL, AT THE FIRST REGULAR MEETING AFTER AN ELECTION OF A MEMBER OR MEMBERS, SHALL DESIGNATE BY A MAJORITY VOTE ONE COMMISSIONER TO BE COMMISSIONER OF ACCOUNTS AND FINANCES, ONE TO BE COMMISSIONER OF PUBLIC HEALTH AND SAFETY, ONE TO BE COMMISSIONER OF STREETS AND PUBLIC IMPROVEMENTS, WHO EX OFFICIO SHALL BE COMMISSIONER OF PUBLIC WORKS, AND ONE TO BE COMMISSIONER OF PUBLIC PROPERTY. THIS DESIGNATION MAY BE CHANGED BY THE COUNCIL WHENEVER IT APPEARS THAT THE PUBLIC SERVICE WOULD BE BENEFITED THEREBY. THE MAYOR SHALL BE COMMISSIONER OF PUBLIC AFFAIRS. THE COMMISSIONER OF EACH DEPARTMENT SHALL BE SUPERINTENDENT OF THAT DEPARTMENT.
IF THE MUNICIPALITY HAS VOTED, AS PROVIDED IN SECTION 4-3-19, TO REQUIRE CANDIDATES FOR COMMISSIONER TO RUN FOR A SPECIFIC OFFICE, EACH COMMISSIONER SHALL BE SUPERINTENDENT OF THE DEPARTMENT BEARING THE SAME DESIGNATION AS THE OFFICE TO WHICH HE WAS ELECTED. THE MAYOR SHALL BE COMMISSIONER OF PUBLIC AFFAIRS. THE COMMISSIONER OF STREETS AND PUBLIC IMPROVEMENTS SHALL BE, EX-OFFICIO, COMMISSIONER OF PUBLIC WORKS.
(SOURCE: LAWS 1965, P. 2677.)
COMMISSIONER STOREY ASKED “WHAT DO YOU WANT ME TO DO?”. HE ASKED IF HE IS SUPPOSED TO REPRIMAND, FIRE, OR WRITE UP SHANE. ATTORNEY MALKOVICH STATED THAT NO ONE HAS SAID THIS IS IN REGARDS TO CHIEF COCKRUM. MAYOR MESSERSMITH STATED THAT COMMISSIONER STOREY WAS NOT DOING THE THINGS HE HAD ASKED OF HIM AND THAT IS WHY HE IS RECOMMENDING THE CHANGE IN RESPONSIBILITY. COMMISSIONER GARAVALIA ASKED IF ANYONE CAN WRITE UP ANY EMPLOYEE OR IF IT HAS TO BE THE COMMISSIONER OF THAT CERTAIN DEPARTMENT. ATTORNEY MALKOVICH STATED THAT THE REASON WE ARE HAVING THIS MEETING IS TO DISCUSS THE SWITCHING OF COMMISSIONERS BETWEEN DEPARTMENTS.
COMMISSIONER STOREY ASKED CHIEF COCKRUM TO SPEAK. CHIEF COCKRUM ASKED WHAT HE HAS DONE. MAYOR MESSERSMITH STATED THAT THIS IS A SITUATION WITH COMMISSIONER STOREY THAT HAS BEEN GOING ON FOR A YEAR AND A HALF AT THIS POINT. COMMISSIONER KAYS STATED THAT THE SWITCH THAT HAPPENED ALMOST TWO YEARS AGO SHOULD HAVE NEVER HAPPENED.
MAYOR MESSERSMITH STATED THAT HE RECOMMENDS SWITCHING COMMISSIONER GARAVALIA TO PUBLIC HEALTH AND SAFETY AND COMMISSIONER STOREY TO PUBLIC PROPERTIES. COMMISSIONER KAYS MADE THAT MOTION. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 3. COMMISSIONER COCKRUM, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 1. COMMISSIONER STOREY. ABSTAIN: 1. COMMISSIONER GARAVALIA ABSTAINED DUE TO BEING SO CLOSELY INVOLVED.
MAYOR MESSERSMITH ASKED FOR A MOTION TO ACCEPT THE RESIGNATION OF BRANDTLEE BROWN FROM THE ZONING AND PLANNING COMMISSION DUE TO HIM ACCEPTING A JOB WHERE HE WILL NO LONGER BE ABLE TO ATTEND THE MEETINGS. COMMISSIONER COCKRUM MADE THIS MOTION. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
NO MISCELLANEOUS BUSINESS.
NO OLD BUSINESS.
NO NEW BUSINESS
IN MATTERS FROM THE PUBLIC AUDIENCE, FIRE CHIEF SHANE COCKRUM ASKED IF HE COULD GO INTO EXECUTIVE SESSION TO SPEAK TO THE COUNCIL. THE COUNCIL SAID THEY HAD NO REASON TO GO INTO EXECUTIVE SESSION AT THIS MEETING. COMMISSIONER STOREY REMOVED HIMSELF FROM THE TABLE AND SAT IN THE AUDIENCE WITH CHIEF COCKRUM STATING HE STANDS WITH THE CHIEF.
COMMISSIONER COCKRUM MADE A MOTION TO ADJOURN. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 1. COMMISSIONER STOREY.
5:28 P.M.
