Category Archives: Meeting Minutes

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD FRIDAY DECEMBER 22, 2023 AT 10 A.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 DECEMBER 11, 2023, HELD AT 5 P.M.  SECONDED BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0. 

COMMISSIONER GARAVALIA STATED THAT THERE IS A LEAK OF SOME KIND IN THE WATER SYSTEM AT TWIN OAKS AND SHE IS HAVING THIS LOOKED INTO.  SHE HAS ASKED FOR A REPORT FROM THE EWING INA WATER DEPARTMENT SHOWING THE USAGE AT TWIN OAKS; HOWEVER, SHE WAS TOLD IT WOULD ONLY SHOW 40 DAYS OF USAGE ON THIS REPORT.  SHE STATED SHE WOULD KEEP THE COUNCIL UP TO DATE ON HER FINDINGS. 

COMMISSIONER COCKRUM STATED THAT HE HAD NO BUSINESS FOR THIS MEETING WITH NO PURCHASE ORDERS, NO POOL ADJUSTMENTS, AND NO LAKE LOT LEASE TRANSFERS. 

COMMISSIONER STOREY STATED THAT HE HAD NO PURCHASE ORDERS OR UPDATES. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE INSTALLATION OF LED LIGHTING AT THE POLICE DEPARTMENT FROM J.R. ERWIN IN THE AMOUNT OF $2,482.00 PENDING PROOF OF INSURANCE.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE ENTERING INTO A NEW DISPATCH AGREEMENT WITH WEST CENTRAL FRANKLIN COUNTY DISPATCH AT A RATE OF $11,500.00 PER MONTH.  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 (D) DISCUSSION AND/OR APPROVAL OF ADDITION AND REMOVAL OF FIREFIGHTERS FROM THE PAID ON-CALL LIST.  SECOND BY COMMISSIONER KAYS.  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 12/22/2023 FOR GENERAL FUND IN THE AMOUNT OF $75,365.63.02 AND WATER AND SEWER IN THE AMOUNT OF $27,397.09, AND PAID ON CALL FIREFIGHTERS IN THE AMOUNT OF $8,796.97 FOR A TOTAL OF $111,559.69.  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 PURCHASE ORDER #00672 TO HEARTLAND OFFICE SUPPLY FOR A 3-FOOT-WIDE FILING CABINET FOR THE WATER DEPARTMENT IN THE AMOUNT OF $391.43.  SECOND BY COMMISSIONER STOREY.  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 PURCHASE ORDER #00498 TO BENTON SAVE A LOT FOR END OF YEAR GIFT CARDS FOR ALL FULL-TIME EMPLOYEES IN THE AMOUNT OF $75.00 PER PERSON FOR A TOTAL PURCHASE ORDER AMOUNT OF $3,225.00.  SECOND BY COMMISSIONER GARAVALIA.  COMMISSIONER STOREY STATED THAT THESE GIFT CARDS SHOULD NOT HAVE BEEN BOUGHT AND PASSED OUT BEFORE THIS MEETING.  COMMISSIONER KAYS STATED THAT HE HAD DROPPED THE BALL AND HE WANTED TO MAKE SURE THAT THE EMPLOYEES RECEIVED THIS BEFORE THE HOLIDAY.  COMMISSIONER STOREY STATED THAT HE WANTED THE EMPLOYEES TO GET IT, BUT THAT HE FEELS COMMISSIONER KAYS DID THIS IN A DIRTY WAY AND HE WAS SICK OF THE DOG AND PONY SHOW, AS HE SAID COMMISSIONER KAYS HAD STATED.  COMMISSIONER STOREY THEN STATED THAT HE NEVER WANTED TO HEAR COMMISSIONER KAYS CALL THIS COUNCIL A DOG AND PONY SHOW EVER AGAIN.  COMMISSIONER KAYS STATED THAT IF THE MOTION DID NOT PASS, HE WOULD REIMBURSE THE CITY OUT OF HIS OWN POCKET.  VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  1.   

COMMISSIONER KAYS MADE A MOTION TO APPROVE A GROUP RATE FOR ELECTED OFFICIALS AND EMPLOYEES OF THE CITY OF BENTON TO JOIN AIR EVAC.  AIR EVAC HAS OFFERED THE CITY A RATE OF $75.00 PER YEAR PER FAMILY AS LONG AS 3 EMPLOYEES SIGN UP.  COMMISSIONER KAYS STATED THERE HAVE BEEN AT LEAST 3 EMPLOYEES WHO HAVE CONVEYED INTEREST IN THIS PROGRAM.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

COMMISSIONER KAYS STATED THAT HE HAS BEEN IN CONTACT WITH PEOPLE’S NATIONAL BANK REGARDING A LINE OF CREDIT FOR THE ACEI BORE FUNDING.  COMMISSIONER KAYS STATED THAT INFORMATION HAS BEEN COLLECTED AND EVERYTHING SHOULD BE READY TO GO AT THE NEXT SCHEDULED CITY COUNCIL MEETING. 

ATTORNEY MALKOVICH STATED THAT HE HAS NO UPDATES. 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO ANNOUNCE THAT BOTH THE ELKS AND THE LEGION WILL BE HAVING A FREE CHRISTMAS DINNER ON CHRISTMAS DAY FOR ANYONE WHO IS INTERESTED IN GOING.  MAYOR MESSERSMITH ALSO ANNOUNCED THAT THE LOCAL AREA CHURCHES WILL BE HOLDING A CANDLE LIGHT CEREMONY ON SATURDAY, DECEMBER 23, 2023.  MAYOR MESSERSMITH STATED THAT THE BENTON RANGER’S BASKETBALL TEAM IS CURRENTLY 10-0 AND A VERY FUN TEAM TO WATCH PLAY.  HE SAID THAT THERE WILL BE GAMES THIS EVENING AT THE RICH HERRIN GYM AT 4:00 P.M. FOR FRESHMEN, 5:15 P.M. FOR JUNIOR VARSITY, AND 6:30 P.M. FOR VARSITY.  MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEMS (C), (D), (E), (F), AND (G).

ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT HE HAD RECENTLY BEEN APPROACHED BY SOMEONE INTERESTED IN BRINGING A SHIPPING CONTAINER TO TOWN FOR STORAGE.  MR. CALCATERRA STATED THAT HE TOLD THE PERSON THAT CURRENTLY THERE IS NOT AN ORDINANCE IN PLACE THAT WOULD STOP THIS FROM HAPPENING, BUT THAT HE PLANS ON CREATING ONE.  MR. CALCATERRA ASKED THE COUNCIL FOR A MOTION TO CREATE A ZONING ORDINANCE REGULATING SHIPPING CONTAINER USE WITHIN THE ZONING JURISDICTION OF THE CITY OF BENTON.  COMMISSIONER STOREY MADE THIS MOTION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT THE CITY’S PREVIOUS FAÇADE GRANT PROGRAM HAD EXPIRED AND HE WOULD LIKE A MOTION TO RENEW THE DOWNTOWN TIF FAÇADE GRANT PROGRAM FOR CALENDAR YEAR 2024.  COMMISSIONER KAYS MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT HE NEEDED A MOTION TO APPROVE ORDINANCE #23-26 AMENDING CHAPTER 40, ARTICLE 1, 40-1-2 DEFINITIONS TO DEFINE OFF-SITE SIGNS.  THIS MOTION WAS MADE BY COMMISSIONER KAYS.  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 NEEDED A MOTION TO APPROVE ORDINANCE #23-27 AMENDING CHAPTER 40 APPENDIX E – SCHEDULE OF DISTRICT SIGN REGULATIONS RELATING TO FLUSH WALL SIGNS IN THE B-1 ZONING DISTRICT.  COMMISSIONER KAYS MADE THIS MOTION.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0.

ZONING ADMINISTRATOR BRIAN CALCATERRA ASKED FOR A MOTION TO APPROVE ORDINANCE #23-28 AMENDING CHAPTER 40 APPENDIX 3 – SCHEDULE OF DISTRICT SIGN REGULATIONS RELATING TO FLUSH WALL SIGNS IN THE B-6 ZONING DISTRICT.  THIS MOTION 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. 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE A MOTION TO APPROVE ACCEPTING BIDS FOR RESIDENTIAL ELECTRIC AGGREGATION.  HE STATED THAT THE MARKET IS DOWN AT THIS TIME AND WE ARE HOPING TO LOCK IN A RATE THAT WILL BE LOWER THAN THE RATES WILL BE WHEN OUR CONTRACT IS UP AT THE END OF JUNE OF 2024.  CURRENTLY THE MARKET PRICE AVAILABLE TO OUR CITIZENS FOR THE NEXT CONTRACT IS $0.08100 PER KILOWATT HOUR.  COMMISSIONER COCKRUM MADE THIS MOTION.  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 NEEDED A MOTION TO APPROVE THE ACCEPTANCE OF BIDS FOR COMMERCIAL ELECTRIC AGGREGATION AT A RATE OF $0.065070 FOR A DURATION OF 39 MONTHS.  THIS MOTION WAS MADE BY COMMISSIONER KAYS.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

THERE WAS NO MISCELLANEOUS BUSINESS. 

IN OLD BUSINESS, ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT HE HAD SCHEDULED 6 INTERVIEWS FOR THE POSITION OF CODE ENFORCEMENT OFFICER.  MR. CALCATERRA STATED THAT UNFORTUNATELY, 2 OF THE INTERVIEWEES WERE NO CALL, NO SHOW. 

IN NEW BUSINESS, COMMISSIONER STOREY ASKED IF THE PAID ON-CALL FIREFIGHTERS WERE NOT GETTING A GIFT CERTIFICATE.  COMMISSIONER KAYS STATED THAT HE PURCHASED GIFT CERTIFICATES FOR FULL TIME EMPLOYEES ONLY.  COMMISSIONER STOREY STATED THAT FIRE CHIEF SHANE COCKRUM HAD PURCHASED HATS FOR ALL OF THE PAID ON-CALL FIREFIGHTERS.  ALSO UNDER NEW BUSINESS, MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO HAVE SOME SORT OF ACTIVITY IN THE CITY OF BENTON EVERY MONTH FOR THE NEXT YEAR.  HE MENTIONED THE POSSIBILITY OF AN AMATEUR BBQ COOKOFF WITH FUNDS BEING RAISED FOR THE COMMUNITY PARK.  COMMISSIONER KAYS STATED THAT HE HAD ATTENDED THE BENTON HIGH SCHOOL BOARD MEETING RECENTLY AND A QUESTION WAS ASKED ABOUT PLACING A CROSSWALK ON COLLEGE STREET.  COMMISSIONER COCKRUM SAID THIS WAS SOMETHING WE COULD LOOK INTO.  MAYOR MESSERSMITH STATED THAT A NEW TEMPORARY SIGN HAS BEEN PLACED NEXT TO THE STATUE OF MR. A TO HELP IDENTIFY HIM TO VISITS AND THAT A PERMANENT SIGN WILL BE PLACED ONCE THE RENOVATIONS AT MALKOVICH PARK ARE COMPLETED. 

NO MATTERS OF FROM THE PUBLIC AUDIENCE. 

COMMISSIONER STOREY 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.  

10:50 A.M.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY NOVEMBER 27, 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. 

MAYOR MESSERSMITH ASKED PAUL TART, WITH TAKE ACTION TODAY, TO SPEAK TO THE COUNCIL.  MR. TART STATED THAT TAKE ACTION TODAY IS OPENING A WARMING AND RESOURCE CENTER IN WHAT USED TO BE THE EDISON ROOM.  THE CENTER WILL BE OPEN FROM 8 A.M. TO 5 P.M. AS A RESOURCE CENTER AND WARMING CENTER.  THE CENTER WILL BE CLOSED FROM 5 P.M. TO 7 P.M. AND THEN REOPEN AT 7 P.M. UNTIL 7 A.M.  PEOPLE WILL BE SCREENED AND A BACKGROUND CHECK WILL BE DONE BEFORE ENTRY IS ALLOWED.  MAYOR MESSERSMITH STATED THAT THERE IS AN ITEM ON THE AGENDA REGARDING A POSSIBLE DONATION TO THIS PROGRAM.

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY NOVEMBER 11, 2023, HELD AT 5 P.M.  SECONDED BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  COMMISSIONER GARAVALIA ABSTAINED.    

COMMISSIONER GARAVALIA STATED THAT SHE HAS ORDERED SOME CHEMICALS TO SPRAY AROUND THE CITY OWNED BUILDINGS TO HELP WITH BUGS.  COMMISSIONER GARAVALIA ALSO STATED THAT SHE WOULD LIKE TO PUT TOGETHER A QUESTIONNAIRE AND PORTFOLIO FOR EACH CITY OWNED BUILDING TO HELP KEEP UP MAINTENANCE AND SUCH. 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PURCHASE ORDER #000996 TO RESSLER ASSOCIATES FOR A CLARIFIER GEAR BOX AND MOTOR FOR THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $2,187.26.  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 THERE ARE NO POOL ADJUSTMENTS OR LAKE LOT LEASE TRANSFERS TO APPROVE AT THIS MEETING. 

COMMISSIONER COCKRUM STATED THAT BACKFILLING AND DIRT WORK IS CURRENTLY BEING DONE ON WASTENA STREET.  COMMISSIONER COCKRUM SAID THE ROAD IS ANTICIPATED TO BE OPENING BACK UP SOON. 

COMMISSIONER STOREY STATED THAT HE HAD NO PURCHASE ORDERS, UPDATES, OR DEPARTMENT REPORTS FOR THIS MEETING. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL DATED 11/22/2023 FOR GENERAL FUND IN THE AMOUNT OF $78,827.56 AND WATER AND SEWER IN THE AMOUNT OF $26,762.50 FOR A TOTAL OF $105,554.06.  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 OR BILLS FOR APPROVAL AT THIS MEETING. 

COMMISSIONER KAYS MADE A MOTION TO 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 THE ACTUARIAL FOR POLICE AND FIRE PENSIONS HAVE BEEN RETURNED TO THE CITY.  HE STATED THAT THE FUNDS ARE FUNDED APPROPRIATELY.  THE ACTUARIAL WERE DONE BY THE STATE THIS YEAR AS OPPOSED TO LAUTERBACH AND AMEN AS IN THE PAST.  COMMISSIONER KAYS ALSO NOTED THAT THE CITY’S CONTRIBUTION TO THE ILLINOIS MUNICIPAL RETIREMENT FUND HAS INCREASED FROM 7.84% TO 8.70%. 

NO UPDATES FROM ATTORNEY MALKOVICH FOR THIS MEETING. 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO THANK THE PUBLIC WORKS DEPARTMENT, THE POLICE AND FIRE DEPARTMENTS, AND THE VOLUNTEER GROUPS FOR ALL THE HELP THEY PROVIDED WITH PUTTING ON THE HOMETOWN CHRISTMAS EVENT ON THE SQUARE.  THIS SENTIMENT WAS ECHOED BY THE COUNCIL. 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00496 TO THE UNITED STATES POST OFFICE FOR 25 ROLLS OF FOREVER STAMPS IN THE AMOUNT OF $1,650.00.  CITY CLERK BROOK CRAIG STATED THAT THIS PURCHASE WAS DUE TO POSTAGE INCREASING IN 2024.  COMMISSIONER KAYS MADE A MOTION TO APPROVE THIS PURCHASE ORDER.  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 ATTORNEY MALKOVICH TO HANDLE ITEM (C) DISCUSSION AND/OR APPROVAL OF ORDINANCE IDENTIFYING HOME RULE CONFLICTS WITH CERTAIN STATE LAW REGARDING PAID LEAVE FOR ALL WORKERS ACT.  ATTORNEY MALKOVICH STATED THAT HE WOULD LIKE TO GET A MOTION APPROVING THE CREATION OF THIS ORDINANCE.  COMMISSIONER STOREY MADE THE MOTION TO HAVE ATTORNEY MALKOVICH PREPARE AN ORDINANCE IDENTIFYING HOME RULE CONFLICTS WITH CERTAIN STATE LAWS REGARDING PAID LEAVE FOR ALL WORKERS ACT.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (D) DISCUSSION AND/OR APPROVAL OF ORDINANCE AMENDING DIVISION XI – ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR AND CODE ENFORCEMENT OFFICER.  ATTORNEY MALKOVICH STATED THAT THE ONLY AMENDMENT TO THIS ORDINANCE IS MAKING BOTH POSITIONS FULLTIME POSITIONS.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE ORDINANCE ##2023-19 AMENDING DIVISION XI-ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR AND CODE ENFORCEMENT OFFICER.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 3.  COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 2.  COMMISSIONER KAYS AND COMMISSIONER GARAVALIA.   

MAYOR MESSERSMITH STATED THAT THE CITY CURRENTLY DONATES $2,400.00 A YEAR TO RECYCLING AND HE BELIEVES THAT IS A GREAT THING.  MAYOR MESSERSMITH STATED THAT HE ALSO WOULD LIKE THE CITY TO DONATE $2,400.00 TO THE WARMING CENTER TAKE ACTION TODAY IS OPENING AND OPERATING.  MAYOR MESSERSMITH STATED THAT THEY WILL BE SOLVING A PROBLEM THAT WE, AS A CITY, HAVE NOT BEEN ABLE TO SOLVE.  COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO SEE ABOUT USING FUNDS FROM THE OPIOID ACCOUNT TO PAY FOR THIS INITIAL $2,400.00 DONATION.  CHIEF FUNKHOUSER WAS IN ATTENDANCE AND SAID THERE ARE CERTAIN RULES AS TO WHAT THE FUNDS CAN BE USED FOR AND HE WILL LOOK INTO IT.  COMMISSIONER KAYS MADE A MOTION TO APPROVE THE DONATION OF $2,400.00 TO THE TAKE ACTION TODAY WARMING CENTER FROM THE OPIOID ACCOUNT PENDING ANY RESTRICTIONS PREVENTING THIS.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (F) DISCUSSION AND/OR APPROVAL OF AMENDING 29-1-20 OF THE PROPERTY MAINTENANCE CODE.  ATTORNEY MALKOVICH STATED THAT THIS WILL BE AMENDING THE PRICING OF INSPECTIONS DONE BY THE CODE ENFORCEMENT OFFICER.  COMMISSIONER COCKRUM MADE A MOTION DIRECTION ATTORNEY MALKOVICH TO PREPARE AN ORDINANCE AMENDING 29-1-20 OF THE PROPERTY MAINTENANCE CODE.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

THERE WAS NO MISCELLANEOUS BUSINESS. 

THERE WAS NO OLD BUSINESS.

THERE WAS NO NEW BUSINESS.

NO MATTERS OF FROM THE PUBLIC AUDIENCE. 

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

5:38 P.M.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY NOVEMBER 13, 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 KAYS¸ COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH WERE PRESENT FOR ROLL CALL.  COMMISSIONER GARAVALIA WAS ABSENT. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY OCTOBER 23, 2023, HELD AT 5 P.M.  SECONDED BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

THERE WAS NO BUSINESS FOR PUBLIC PROPERTIES THIS EVENING. 

COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS, POOL ADJUSTMENTS, OR LAKE LOT LEASE TRANSFERS FOR APPROVAL AT THIS MEETING. 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE RESOLUTION 23-19 FOR STREET CLOSURE FOR THE HOMETOWN CHRISTMAS CELEBRATION ON 11/25/2023.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER COCKRUM STATED THAT THE WASTENA STREET PROJECT HAS MADE GOOD STRIDES DUE TO THE NICE WEATHER WE HAVE HAD AND HE EXPECTS THE ROAD TO BE REOPENED SOON.  COMMISSIONER COCKRUM STATED THAT THE MILL AND OVERLAY PROJECT ON WHISPER WAY HAS BEEN COMPLETED AND THAT CONCRETE HAS BEEN POURED AT THE SPILLWAY ON BENTON LAKE.  COMMISSIONER COCKRUM ALSO STATED THAT THE PATCHING ON EAST MAIN STREET HAS BEEN DONE. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00397 TO MUNICIPAL EMERGENCY SERVICES FOR 6 FIRE HELMETS IN THE AMOUNT OF $368.00 A PIECE FOR A TOTAL OF $2,208.00.  THIS REPLACES 6 OUT OF DATE HELMETS AND IS ORDER 2 OF 3.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00119 TO CELLEBRITE INC. FOR CELL PHONE FORENSICS TRAINING IN THE AMOUNT OF $4,915.00.  THIS IS TO BE PAID FROM THE IMPOUND FUND.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER STOREY MADE A MOTION TO ACCEPT THE RESIGNATION OF SHANE COCKRUM FROM THE WEST FRANKLIN COUNTY CENTRAL DISPATCH BOARD BECAUSE CHIEF COCKRUM CANNOT ATTEND THE MEETINGS ON THE DAYS THEY ARE SCHEDULED.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER STOREY MADE A MOTION TO APPOINT CHRIS FUNKHOUSER TO THE WEST FRANKLIN COUNTY CENTRAL DISPATCH BOARD AS A REPRESENTATIVE FOR THE CITY OF BENTON.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER STOREY MADE A MOTION TO SUPPLY A CELL PHONE TO THE OFFICER THE CITY OF BENTON HAS ON THE DRUG TASK FORCE FOR WORK USE.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER STOREY ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (E) DISCUSSION AND/OR APPROVAL OF NEW DISPATCH SERVICE AGREEMENT.  ATTORNEY MALKOVICH STATED THAT THE AGREEMENT BETWEEN WEST FRANKLIN COUNTY CENTRAL DISPATCH AND THE CITY OF BENTON IS SET TO EXPIRE THIS MONTH.  HE ASKED FOR A MOTION ALLOWING CHIEF CHRIS FUNKHOUSER AND COMMISSIONER DON STOREY TO NEGOTIATE A NEW SERVICE AGREEMENT FOR 2 YEARS WITH A LOCKED IN PRICE.  COMMISSIONER KAYS MADE THAT MOTION.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL DATED 10/27/2023 FOR GENERAL FUND IN THE AMOUNT OF $75,047.18 AND WATER AND SEWER IN THE AMOUNT OF $25,179.71 FOR A TOTAL OF $100,226.89.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL DATED 11/09/2023 FOR GENERAL FUND IN THE AMOUNT OF $73,028.32 AND WATER AND SEWER IN THE AMOUNT OF $24,637.20 FOR A TOTAL OF $97,665.52.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

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

COMMISSIONER KAYS MADE A MOTION TO APPROVE BILLS FOR PAYMENT ON 11/13/2023 IN THE AMOUNT OF $952,902.62.  COMMISSIONER KAYS STATED THAT THE BILLS BROKE DOWN AS SUCH: I-57 INTERCHANGE $32,436.01, TIF $160,907.82, MFT $67,367.46, AND AP FUND $691,891.33.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE FIRST FINANCIAL POSITIVE PAY SYSTEM TO FIGHT CHECK FRAUD ON OUR ACCOUNTS PAYABLE FUND IN THE AMOUNT OF $40.00 PER MONTH.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

COMMISSIONER KAYS STATED THAT HE HAD PREVIOUSLY ASKED TO LOOK INTO ESTABLISHING A TOBACCO TAX ORDINANCE IN THE CITY OF BENTON.  COMMISSIONER KAYS STATED THAT DURING RESEARCH IT WAS FOUND THAT THE CITY OF BENTON IS NOT ELIGIBLE FOR THIS UNDER HOME RULE. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE HEALTH INSURANCE RATES FOR EMPLOYEES FOR 2024.  COMMISSIONER KAYS STATED THAT THERE WAS AN INCREASE OF 10.54% IN OUR RATE, BUT THAT THIS WAS NOT A BAD INCREASE COMPARED TO WHAT IT COULD HAVE BEEN.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

COMMISSIONER KAYS STATED THAT HE AND TREASURER LISA MENO ARE WORKING ON A PURCHASE ORDER POLICY AS WHAT THE CITY CURRENTLY FOLLOWS IS NOT IN WRITING.  COMMISSIONER KAYS URGED COMMISSIONERS AND DEPARTMENT HEADS TO MAKE SURE PURCHASE ORDERS ARE BEING FILLED OUT AS HE IS SEEING MORE AND MORE BILLS WITHOUT PURCHASE ORDERS THAT ARE OVER THE CURRENT $500.00 THRESHOLD REQUIRED FOR A PURCHASE ORDER. 

NO UPDATES FROM ATTORNEY MALKOVICH FOR THIS MEETING. 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00493 TO ALVERSON SOUND INC FOR A 32 FOOT BY 24-FOOT MOBILE STAGE WITH LIGHTS AND SOUND FOR THE 2024 ECLIPSE CONCERT IN THE AMOUNT OF $5495.00.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00492 TO ACTION ENTERTAINMENT AS A DEPOSIT FOR CONFEDERATE RAILROAD TO PLAY A CONCERT FOR THE 2024 ECLIPSE WEEKEND.  THIS DEPOSIT WAS IN THE AMOUNT OF $2,500.00.  COMMISSIONER STOREY MADE THIS MOTION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

MAYOR MESSERSMITH STATED THAT THE CITY WILL BE HOSTING A HOMETOWN CHRISTMAS ON NOVEMBER 25, 2023 AND HE WOULD LIKE TO APPROVE PURCHASE ORDER #00495 TO KENNETH AND RUTH MATEYCAK FOR A SANTA AND MRS. CLAUS APPEARANCE IN THE AMOUNT OF $125.00.  COMMISSIONER STOREY MADE THIS MOTION.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00494 TO ASCENT AVIATION FOR 7,937 GALLONS OF AVIATION GASOLINE IN THE AMOUNT OF $33,936.73 FOR RESALE.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

MAYOR MESSERSMITH ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (C) DISCUSSION AND/OR APPROVAL TO AMEND 12-1-5 (A) OF THE REVISED CODE OF ORDINANCES, DEFINITION OF PART-TIME EMPLOYEES.  ATTORNEY MALKOVICH STATED THAT THIS WOULD CLEAN UP THIS SECTION OF ORDINANCES BY DEFINING EMPLOYMENT CLASSIFICATIONS FOR THE CITY OF BENTON.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE ORDINANCE #23-17 AMENDING 12-1-5 (A) OF THE REVISED CODE OF ORDINANCES, DEFINITION OF PART-TIME EMPLOYEES.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE THE LIST OF 2024 MEETING TIMES AS PRESENTED IN THE COMMISSIONER’S PACKETS.  COMMISSIONER KAYS STATED THAT HE HAS A FEW QUESTIONS ABOUT THE SOME OF THE DATE CHANGES.  COMMISSIONER KAYS STATED THAT HE SAW NO REASON TO CHANGE THE MEETING DATES OF JANUARY 22, 2024 AND OCTOBER 14, 2024 AND THAT HE HOPED THEY WERE NOT BEING DONE DUE TO ONE MEMBER OF THE COUNCIL.  MAYOR MESSERSMITH STATED THAT HE FELT MOVING THESE MEETINGS WOULD GIVE THE PUBLIC A BETTER CHANCE TO ATTEND.  COMMISSIONER KAYS STATED THAT INSTEAD OF MOVING THE MEETINGS HE WOULD LIKE TO ENTERTAIN STREAMING THE MEETINGS ON FACEBOOK LIVE SO PEOPLE THAT GET OFF WORK AT 4:30 P.M. OR 5 P.M. COULD ATTEND VIRTUALLY.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE MEETING TIMES AS INITIALLY PRESENTED.  NO SECOND WAS RECEIVED.  MAYOR MESSERSMITH STATED THAT HE WAS FINE WITH NOT MOVING THE JANUARY AND OCTOBER MEETINGS IN QUESTION.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE MEETING TIMES WITH THE AMENDMENT OF JANUARY AND OCTOBER MEETINGS.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

MAYOR MESSERSMITH PRESENTED A LIST OF HOLIDAYS THAT CITY HALL WILL BE CLOSED IN 2024.  COMMISSIONER KAYS MADE A MOTION TO ACCEPT THE 2024 HOLIDAYS FOR CITY HALL.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

MAYOR MESSERSMITH ASKED BRIAN CALCATERRA TO PRESENT ITEM (F).   ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT CODE ENFORCEMENT OFFICER CODY WILLIFORD HAS BEEN HIRED FULL TIME BY THE BENTON WATER DEPARTMENT AND THEREFORE LEAVING AN OPENING AS CODE ENFORCEMENT OFFICER.  MR. CALCATERRA STATED THAT HE FEELS THIS POSITION SHOULD BE MADE FULL TIME.  MR. CALCATERRA PRESENTED THE COUNCIL WITH FIGURES SHOWING HOW IF HOME INSPECTIONS WERE DONE ON EVERY NEW WATER HOOK UP, THE ADDITION OF A FULL-TIME EMPLOYEE ALONG WITH WHAT WE WERE PAYING MR. WILLIFORD COULD BE A WASH.  COMMISSIONER KAYS ASKED IF THE COUNCIL WAS AWARE THAT ADDING A FULL-TIME EMPLOYEE NOT ONLY ADDED MORE SALARY, BUT A BENEFIT PACKAGE AS WELL INCLUDING HEALTH INSURANCE.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THE HIRING OF A CODE ENFORCEMENT ADMINISTRATOR.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

THERE WAS NO MISCELLANEOUS BUSINESS. 

THERE WAS NO OLD BUSINESS.

IN NEW BUSINESS, COMMISSIONER STOREY STATED THAT THERE HAVE BEEN MULTIPLE FIRE DEPARTMENT CALLS FOR ILLEGAL BURNS THIS FALL.  COMMISSIONER STOREY STATED THAT CURRENTLY THERE IS NO PENALTY TO THIS, BUT HE WOULD LIKE TO WORK TOWARDS POSSIBLY WRITING TICKETS AFTER BEING CALLED TO THE SAME RESIDENCE MORE THAN 2 TIMES.  COMMISSIONER KAYS STATED THAT HE RECALLED COMMISSIONER GARAVALIA DISCUSSING THIS A FEW MEETINGS BACK. 

NO MATTERS OF FROM THE PUBLIC AUDIENCE. 

COMMISSIONER STOREY MADE A MOTION TO ADJOURN THE MEETING.  SECONDED BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

6:00 P.M.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY OCTOBER 23, 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, AND 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 OCTOBER 9, 2023, HELD AT 5 P.M.  SECONDED 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 CITY COUNCIL MEETING MINUTES OF MONDAY OCTOBER 16, 2023, HELD AT 8:30 A.M.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 3.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, AND COMMISSIONER COCKRUM.  COMMISSIONER STOREY AND MAYOR MESSERSMITH ABSTAINED.  NAYS: 0.  

COMMISSIONER STOREY STATED THAT HE HAD BUSINESS FOR THIS MEETING. 

COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS, POOL ADJUSTMENTS, OR LAKE LOT LEASE TRANSFERS FOR APPROVAL AT THIS MEETING. 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PARTIAL PAY ESTIMATE #2 TO WIGGS EXCAVATING, INC. FOR THE DUQUOIN STREET FORCE MAIN IN THE AMOUNT OF $69,242.40.  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 APPROVE THE FINAL PAY ESTIMATE TO MIDWEST EXCAVATING FOR PUMP HOUSE RENOVATIONS IN THE AMOUNT OF $306,860.16.  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 THE RENOVATIONS ARE STATE OF THE ART AND WILL ALLOW PUBLIC WORKS DIRECTOR CRAIG MILES TO BE ABLE TO RUN IT FROM AN APPLICATION ON HIS TELEPHONE. 

COMMISSIONER COCKRUM STATED THAT THE WHISPER WAY MILLING AND OVERLAY PROJECT IS SET TO BEGIN IN THE FIRST OR SECOND WEEKS OF NOVEMBER.  COMMISSIONER COCKRUM ALSO STATED THAT THE WASTENA STREET PROJECT IS ON TRACK. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00117 TO THIN LINE PUBLIC SAFETY FOR 1 CUSTOM SIGNALS RAPTOR RP-1 POLICE RADAR IN THE AMOUNT OF $3,555.38.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER GARAVALIA PRESENTED A DEPARTMENT REPORT FOR THE POLICE DEPARTMENT FOR THE DATES OF 09/01/2023 TO 09/30/2023.  DURING THIS TIME THERE WERE 538 TOTAL DISPATCHED CALLS WHICH INCLUDED 21 ALARM CALLS, 3 AMBULANCE CALLS, 1 ASSAULT AND BATTERY CALL, 28 DISORDERLY CONDUCT CALLS, 16 DOMESTIC DISPUTE CALLS, 3 FIGHTS IN PROGRESS, 11 JUVENILE PROBLEM CALLS, 1 MISSING JUVENILE, 1 PROWLER CALL, 17 SUSPICIOUS PERSON CALLS, 18 THEFT CALLS, 14 WELFARE CHECKS, AND 414 OTHER CALLS.  THE REPORT ALSO STATED THAT THERE WERE 13 TRAFFIC ACCIDENT REPORTS COMPLETED, 32 TRAFFIC STOPS, AND 7 TRAFFIC CITATIONS ISSUES.  THERE WERE ALSO 38 CRIMINAL ARRESTS. 

COMMISSIONER GARAVALIA PRESENTED A DEPARTMENT REPORT FOR THE FIRE DEPARTMENT FOR THE DATES OF 09/01/2023 TO 09/30/2023.  THE REPORT INDICATED THAT THERE WERE 60 TOTAL CALLS.  THESE CALLS INCLUDED 18 FIRES, 33 RESCUE AND EMERGENCY MEDICAL SERVICE CALLS, 6 HAZARDOUS CONDITIONS, 3 SERVICE CALLS, 6 GOOD INTENT CALLS, AND 3 FALSE ALARM AND FALL CALLS. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL DATED 10/13/2023 FOR GENERAL FUND IN THE AMOUNT OF $72,895.47 AND WATER AND SEWER IN THE AMOUNT OF $27,576.10 FOR A TOTAL OF $100,471.57.  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 FOR APPROVAL AT THIS MEETING. 

COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO DO SOME RESEARCH INTO THE AMOUNT PER MONTH USING POSITIVE PAY SERVICES FOR ACCOUNTS PAYABLE WOULD BE AND THEN RETURN TO THE COUNCIL FOR A VOTE ON USING THIS SERVICE.  HE STATED THIS IS AN EXTRA LAYER OF PROTECTION IF THE CITY’S CHECKING ACCOUNTS WERE TO BE HACKED INTO.  COMMISSIONER KAYS STATED THAT THIS WILL PROBABLY BE SOMEWHERE BETWEEN $80.00 AND $120.00 A MONTH. 

NO UPDATES FROM ATTORNEY MALKOVICH FOR THIS MEETING. 

MAYOR MESSERSMITH STATED THAT THE EVENT ON THE SQUARE, FALL-O-WEEN, WENT VERY WELL.  HE STATED THAT THIS WAS A TRUE COMMUNITY EVENT.  HE STATED THAT PARTICIPATION FROM THE POLICE AND FIRE DEPARTMENTS WAS PHENOMENAL AND HE BELIEVES THIS HELPED THE EVENT TO SUCCEED. 

MAYOR MESSERSMITH ASKED BRIAN CALCATERRA TO PRESENT ITEMS (C) AND (D). 

ITEM (C):  ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT IN THE PAST SEVERAL YEARS CHRIS SCROGGINS HAS COMPLETED THE CITY’S ANNUAL COMPTROLLER’S TIF REPORTS, BUT THIS YEAR DID NOT FEEL LIKE HE WAS ABLE TO DO SOME DUE TO SOME NEW FEDERAL REGULATIONS.  MR. CALCATERRA STATED THAT IN THE PAST MR. SCROGGINS HAS CHARGED THE CITY $600.00 TO FILE THESE REPORTS.  MR. CALCATERRA STATED THAT HE WOULD LIKE TO HIRE MORAN ECONOMIC DEVELOPMENT TO COMPLETE THE 2022-2023 FY ANNUAL COMPTROLLER’S TIF REPORTS.  MR. CALCATERRA STATED THAT MORAN ECONOMIC DEVELOPMENT STATED THAT THEY THINK THE COST FOR PREPARING THESE REPORTS WILL BE $1,500.00.   COMMISSIONER STOREY MADE A MOTION TO APPROVE HIRING MORAN ECONOMIC DEVELOPMENT TO COMPLETE THE ANNUAL COMPTROLLER’S TIF REPORTS FOR FY 2022-2023.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

ITEM (D):  ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT HE WOULD LIKE TO BEGIN THE PROCESS OF CREATING AN ORDINANCE REGULATING BILLBOARDS WITHIN THE CORPORATE BOUNDARY.  COMMISSIONER GARAVALIA MADE THIS MOTION.  SECOND BY COMMISSIONER COCKRUM.  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 TALK ABOUT THE CITY COUNCIL APPOINTMENTS/DUTIES.  MAYOR MESSERSMITH STATED THAT WE ARE A FEW MONTHS IN TO THIS CURRENT ADMINISTRATION AND HE FEELS THAT THERE NEEDS TO BE A SHIFT AT THIS TIME.  MAYOR MESSERSMITH STATED THAT HE WOULD LIKE THE COMMISSIONERS OVER PUBLIC PROPERTIES AND PUBLIC SAFETY TO SWITCH DEPARTMENTS.  COMMISSIONER COCKRUM MADE THIS MOTION AND COMMISSIONER STOREY SECONDED THIS MOTION.  COMMISSIONER KAYS STATED THAT HE FELT LIKE COMMISSIONER GARAVALIA AND COMMISSIONER STOREY SHOULD ABSTAIN FROM THIS MOTION AS IT IS OVER THEIR DEPARTMENTS.  ATTORNEY MALKOVICH STATED THAT IT WAS NOT NECESSARY.  VOTE WAS TAKEN.  YEAS: 3.  COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  COMMISSIONER GARAVALIA ABSTAINED.  NAYS: 1.   COMMISSIONER KAYS. 

THERE WAS NO MISCELLANEOUS BUSINESS. 

IN OLD BUSINESS, COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO KNOW WHY THERE WAS A SUDDEN CHANGE IN ADMINISTRATION DUTIES.  HE STATED THAT AGAIN, NOTHING HAD BEEN DONE ILLEGAL, BUT THAT HE WOULD LIKE TO ASK THE COUNCIL TO KEEP THEIR HANDS ON THE TABLE.  COMMISSIONER KAYS STATED THAT MAYBE WE SHOULD SWITCH EACH COMMISSIONER TO A NEW DEPARTMENT EVERY 6 MONTHS.  COMMISSIONER KAYS STATED THAT TONIGHT’S MOVE MADE THE COUNCIL LOOK INEPT AND THAT TONIGHT IS THE FIRST TIME HE HAS FELT KIND OF EMBARRASSED OF THE CITY COUNCIL SINCE BECOMING A MEMBER. 

NO NEW BUSINESS. 

IN MATTERS OF FROM THE PUBLIC AUDIENCE, TOM CARTER STATED THAT HE WOULD LIKE TO KNOW IF THE POLICY FOR KEEPING EMPLOYMENT APPLICATIONS IS THE SAME AS WHEN HE WORKED HERE.  AT THAT TIME, MR. CARTER STATED, APPLICATIONS WERE KEPT FOR 6 MONTHS.  MR. CARTER ALSO STATED THAT HE THINKS BENTON RESIDENTS SHOULD ALWAYS GET THE FIRST SHOT AT JOB OPENINGS.  COMMISSIONER KAYS STATED THAT BECAUSE OF UNION RESIDENCY REQUIREMENTS, THAT ISN’T THE CASE.  MR. CARTER THANKED CITY CLERK BROOK CRAIG FOR LOOKING UP THE “OPT OUT” POLICY FOR RESIDENTIAL TRASH.  MR. CARTER ASKED IF THE COUNCIL WAS PLANNING ON MAKING THE SIZE OF BILLBOARDS DIFFERENT IN THE NEW ORDINANCE OR ELIMINATING BILLBOARDS COMPLETELY. 

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

5:30 P.M.

MINUTES OF THE CONTINUED BENTON CITY COUNCIL MEETING HELD MONDAY OCTOBER 16, 2023 AT 8:35 A.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 1403 SOUTH MAIN STREET BENTON, ILLINOIS.

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

COMMISSIONER KAYS MADE A MOTION TO APPROVE BILLS FOR THE AP FUND IN THE AMOUNT OF $337,729.88, MFT IN THE AMOUNT OF $64,902.75, AND OTHER FUNDS IN THE AMOUNT OF $52,648.12 FOR A TOTAL AMOUNT OF BILLS TO BE PAID ON OCTOBER 16, 2023 OF $455,280.75.

COMMISSIONER KAYS MADE A MOTION TO ADJOURN.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  3. COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND COMMISSIONER KAYS.  NAYS:  0. 

TIME 8:36 A.M.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY OCTOBER 9, 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, AND 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 SEPTEMBER 25, 2023.  SECONDED BY COMMISSIONER STOREY. 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 POOL ADJUSTMENTS FOR APPROVAL AT THIS MEETING. 

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

COMMISSIONER STOREY MADE A MOTION TO APPROVE A LAKE LOT LEASE TRANSFER OF LOT #32 FROM KATHLEEN MEILE TO CLAYTON MACE AND MAXWELL MEILE.  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 THE HIRING OF CODY WILLIFORD AS A FULL-TIME WATER DEPARTMENT EMPLOYEE.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 1.   COMMISSIONER KAYS.

COMMISSIONER STOREY DISCUSSED THE NEED FOR ACCEPTING BIDS FOR HVAC SERVICES FOR THE CITY OF BENTON.  SINCE THERE ARE 5 PROPERTIES WITH HVAC SYSTEMS AND NOT ALL CURRENT CONTRACTS ARE COMPLETED, COMMISSIONER STOREY MADE A MOTION TO TABLE THIS UNTIL ALL CONTRACTS HAVE REACHED THEIR END DATE.  SECOND BY COMMISSIONER GARAVALIA.  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 THAT THE WASTENA PROJECT IS PROGRESSING.  HE STATED THAT THEY WILL BE PUTTING IN CURB SOON.  COMMISSIONER COCKRUM ALSO STATED THAT ASPHALT WILL BE LAID IN NOVEMBER AND SEEDING WILL BE DONE IN THE SPRING.  COMMISSIONER COCKRUM STATED THAT SPANI STREET HAS BEEN OIL AND CHIPPED IN COOPERATION WITH ILLINI ASPHALT. 

COMMISSIONER GARAVALIA STATED THAT SHE HAD NO PURCHASE ORDERS, UPDATES, OR DEPARTMENT REPORTS FOR THIS MEETING. 

COMMISSIONER GARAVALIA STATED THAT SHE WOULD LIKE TO APPROVE THE MUTUAL AID BOX ALARM SYSTEM MASTER AGREEMENT.  IN APPROVING THIS AGREEMENT, A RESOLUTION AND ORDINANCE BOTH WOULD NEED TO BE PASSED.  COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE RESOLUTION #23-17 ENTERING INTO THE MUTUAL AID BOX ALARM SYSTEM MASTER AGREEMENT.  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 APPROVE ORDINANCE #23-14 FOR THE MUTUAL AID BOX ALARM SYSTEM MASTER AGREEMENT.  SECOND 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 WOULD LIKE TO HOST A CHILI COOK OFF COMPETITION BETWEEN THE FIRE AND POLICE DEPARTMENTS.  THE DATE AND TIMES ARE TOO BE DECIDED.  COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE HOSTING A CHILI COOK OFF COMPETITION BETWEEN THE FIRE AND POLICE DEPARTMENTS.  SECOND BY COMMISSIONER STOREY.  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 DATED 09/29/2023 FOR GENERAL FUND IN THE AMOUNT OF $84,524.66 AND WATER AND SEWER IN THE AMOUNT OF $24,998.33 FOR A TOTAL OF $109,522.99.  SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER COCKRUM STATED THAT THE MEETING WILL NEED TO BE CONTINUED TO APPROVE PAYMENT OF BILLS. 

COMMISSIONER KAYS PRESENTED ORDINANCE #23-15 AMENDING CHAPTER 38 UTILITIES, SECTION 380201, ARTICLE II – RATES AND REGULATIONS TO INCLUDE TRASH IN THE PENALTIES ON WATER BILLS.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THIS ORDINANCE.  SECOND BY COMMISSIONER STOREY.  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 INVOICE #1 TO BROWN AND ROBERTS FOR THE APRON REHABILITATION AT THE BENTON MUNICIPAL AIRPORT IN THE AMOUNT OF $17,218.79.  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 ALLOW HIMSELF TO LOOK INTO THE POSSIBILITY OF INCREASING LAKE LOT FEES.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

NO UPDATES FROM ATTORNEY MALKOVICH FOR THIS MEETING. 

MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS OR UPDATES FOR THIS MEETING.  MAYOR MESSERSMITH ASKED BRIAN CALCATERRA TO PRESENT ITEMS (C), (D), (E), (F), AND (G). 

ITEM (C):  ZONING ADMINISTRATOR BRIAN CALCATERRA PRESENTED A PETITION TO VACATE A PORTION OF TWO STREETS MADE BY TIMOTHY A. COOKSEY AND LACEY M. COOKSEY.  COMMISSIONER KAYS MADE A MOTION TO APPROVE THIS.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

ITEM (D):  ZONING ADMINISTRATOR BRIAN CALCATERRA PRESENTED A RESOLUTION ACCEPTING A GRANT FROM THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY’S STRONG COMMUNITIES’ PROGRAM.  MR. CALCATERRA STATED THAT THIS GRANT MONEY CAN BE USED FOR DEMOLITION OF HOMES.  COMMISSIONER KAYS MADE A MOTION TO APPROVE RESOLUTION #23-18 ACCEPTING A GRANT FROM THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY’S STRONG COMMUNITIES’ PROGRAM.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

ITEM (E):  ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT HE WOULD LIKE TO REAPPOINT VICTOR SHOCKLEY TO THE ZONING AND PLANNING COMMISSIONER FOR A TWO-YEAR TERM.  COMMISSIONER COCKRUM MADE THAT MOTION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

ITEM (F):  ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT HE WOULD LIKE TO REAPPOINT GARRETT COLLIER TO THE ZONING AND PLANNING COMMISSION FOR A TWO-YEAR TERM.  COMMISSIONER GARAVALIA MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

ZONING ADMINISTRATOR BRIAN CALCATERRA PRESENTED THE APPLICATION FOR THE SPECIAL USE PERMIT MADE BY BRANDON FINKE TO CONTRACT AND OCCUPY AN EXISTING SINGLE WIDE MOBILE HOME LOCATED AT 1100 EAST ANNA STREET.  MR. CALCATERRA ASKED MR. FINKE IF HE WOULD LIKE TO ADDRESS THE COUNCIL.  MR. FINKE STATED THAT HE KNOWS THE HOME NEEDS REPAIRS AND HE WOULD LIKE TO DO THOSE REPAIRS WHILE LIVING IN THE HOME AND POSSIBLY IN THE FUTURE TEAR THE HOME DOWN AND BUILD A NEW HOUSE.  MR. FINKE PRESENTED THE COUNCIL WITH PICTURES OF PAST PROJECTS HE HAS WORKED ON AND ALSO PICTURES OF WHAT THIS SAID PROPERTY CURRENTLY LOOKS LIKE.  MR. CALCATERRA STATED THAT IT WAS THE RECOMMENDATION OF THE ZONING AND PLANNING COMMITTEE TO APPROVE THIS SPECIAL USE PERMIT.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE SPECIAL USE PERMIT FOR BRANDON FINKE TO CONTRACT AND OCCUPY AN EXISTING SINGLE WIDE MOBILE HOME LOCATED AT 1100 EAST ANNA STREET.  SECOND BY COMMISSIONER GARAVALIA.  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 APPROVE A FACILITY USE FORM FOR CAPITAL PARK WITH A PROCESS OF THE COUNCIL REVIEWING AND APPROVING THESE USES.  MAYOR MESSERSMITH STATED THAT THE FORM COULD BE FOUND IN THE COUNCIL MEMBERS PACKETS.  COMMISSIONER KAYS MADE A MOTION TO APPROVE THE FACILITY USE FORM FOR CAPITAL PARK.  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 ASK THE COUNCIL FOR STARTER FUNDING IN THE AMOUNT OF $10,000.00 TO BEGIN PREPARING FOR THE SOLAR ECLIPSE ON APRIL 8, 2024.  MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO HAVE A CONCERT AND OTHER ACTIVITIES FOR OUR CITIZENS.  MAYOR MESSERSMITH ALSO STATED THAT THERE SHOULD BE FUNDS AVAILABLE TO DO THIS AS THE MONEYS SET BACK FOR THE HAMILTON LAKE BRIDGE WERE NOT USED IN TOTAL AND THERE SHOULD BE MONEY IN THE BUDGET FROM COMMISSIONER KAYS AND HIMSELF NOT ATTENDING THE ILLINOIS MUNICIPAL LEAGUE CONFERENCE HELD IN CHICAGO.  COMMISSIONER STOREY MADE A MOTION TO GIVE $10,000.00 TOWARDS THE SOLAR ECLIPSE WEEKEND.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH STATED THAT IN MAY THE COUNCIL WAS PRESENTED WITH CHAPTER 1 ADMINISTRATION AMENDMENTS AND IT WAS TABLED AT THAT TIME.  MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO BRING THIS ITEM BACK UP FOR A VOTE.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE CHAPTER 1 ADMINISTRATION AMENDMENTS.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 3.  COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 2.   COMMISSIONER KAYS AND COMMISSIONER GARAVALIA. 

NO MISCELLANEOUS BUSINESS.

IN OLD BUSINESS COMMISSIONER KAYS STATED THAT HE HAD ZERO ISSUES WITH THE HIRING OF CODY WILLIFORD AS A FULLTIME WATER DEPARTMENT EMPLOYEE.  COMMISSIONER KAYS SAID HE FELT LIKE THE PROCESS TO HIRE MR. WILLIFORD WAS BAD.  COMMISSIONER KAYS STATED THAT IT WAS AGREED TO HIRE FOR THIS POSITION ON APRIL 24, 2023, BUT NO FURTHER ADVERTISEMENT OR APPLICATIONS WERE TAKEN AFTER THIS POINT.  COMMISSIONER KAYS STATED THAT WHAT THE COUNCIL DID WAS NOT ILLEGAL, BUT IT DEFINITELY WAS NOT CLEAN.  COMMISSIONER STOREY STATED THAT HE BELIEVES THAT IF AN EMPLOYEE OF THE CITY IS PART TIME, AND A FULL-TIME POSITION OPENS UP, HE BELIEVES THE PART TIME EMPLOYEE SHOULD BE ALLOWED TO MOVE INTO THE FULL-TIME POSITION IF THEY ARE INTERESTED IN IT.  COMMISSIONER STOREY STATED THAT IF CRAIG MILES SAYS SOMETHING IS GOING TO WORK, HE BELIEVES IT WILL AND THAT IS WHY HE MOVED FORWARD WITH THE HIRING OF MR. WILLIFORD.  COMMISSIONER KAYS ASKED COMMISSIONER STOREY WHAT HAD CHANGED AS HE WAS PREVIOUSLY ADAMANTLY AGAINST THIS MOVE BEFORE.  COMMISSIONER STOREY STATED THAT NOTHING HAS CHANGED.  COMMISSIONER KAYS STATED THAT HE WAS ARGUING ETHICS.  COMMISSIONER KAYS ALSO STATED THAT HE IS VERY UNHAPPY WITH THIS HIRING PROCESS AND COMMISSIONER STOREY STATED THAT HE IS HAPPY WITH THE HIRING PROCESS.  COMMISSIONER KAYS ASKED COMMISSIONER STOREY IF HE CAN EXPECT ANY FURTHER SURPRISES AND COMMISSIONER STOREY REPLIED “NEVER KNOW”. 

NO NEW BUSINESS. 

IN MATTERS OF FROM THE PUBLIC AUDIENCE, TOM CARTER STATED THAT COMMISSIONER KAYS IS CORRECT AND COMMISSIONER STOREY IS 100% IN THE WRONG.  MR. CARTER STATED THAT THE HIRING PROCESS “STINKS”.  MR. CARTER ASKED THE COUNCIL IF THE NEW CODE ENFORCEMENT OFFICER WILL BE PART TIME AND IF THEY WILL BE A MALE OR A FEMALE.  MR. CARTER ASKED WHY HIS NEIGHBOR HAD TO PAY FOR TRASH EVEN IF HE DID NOT WANT IT.  CITY CLERK BROOK CRAIG STATED THAT SHE HAD BEEN TOLD THAT A REFERENDUM WAS PASSED MANY YEARS AGO AND THAT THE PASSING OF THIS REFERENDUM GAVE TRASH TO ALL RESIDENTIAL CUSTOMERS IN THE CITY LIMITS WITH THE CHARGE BEING PLACED ON YOUR WATER BILL. 

COMMISSIONER COCKRUM MADE A MOTION TO CONTINUE THE MEETING UNTIL MONDAY, OCTOBER 16, 2023 TO PAY BILLS.  SECONDED BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

5:53 P.M.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY SEPTEMBER 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 STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS¸ AND COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH WERE PRESENT FOR ROLL CALL.

MAYOR MESSERSMITH ASKED EMMA SWEELY FROM THE FRANKLIN COUNTY EDGE PROGRAM TO COME BEFORE THE COUNCIL.  MISS SWEELY STATED THAT EVERY YEAR THE EDGE PROGRAM DOES A FUNDRAISER TO START THEIR BUSINESSES.  MISS SWEELY STATED THAT THIS YEAR’S PROGRAM WOULD LIKE TO PUT A RODEO ON AND HOST THE RODEO ON THE BENTON MUNICIPAL AIRPORT GROUNDS ON NOVEMBER 4, 2023 PUT ON BY THE WHIPPOORWILL RODEO.  MAYOR MESSERSMITH STATED THAT THE GROUP HAS MET WITH AIRPORT MANAGER MATT HARRISON AND HE IS ON BOARD WITH THIS PROJECT.  MAYOR MESSERSMITH STATED THAT INSURANCE IS ALSO TAKEN CARE OF FOR THE EVENT THROUGH THE PROGRAM.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THE USE OF AIRPORT GROUNDS FOR A RODEO.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 5.  COMMISSIONER STOREY, COMMISSIONER COCKRUM, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH.  NAYS: 0. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY AUGUST 28, 2023.  SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.   COMMISSIONER COCKRUM ABSTAINED. 

COMMISSIONER STOREY STATED THAT HE HAD NO POOL ADJUSTMENTS FOR THIS MEETING. 

COMMISSIONER STOREY PRESENTED PURCHASE ORDER #00670 TO HOLZ TOOL SUPPLY FOR 1 MILWAUKEE TOWER LIGHT IN THE AMOUNT OF $449.99.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS PURCHASE ORDER.  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 LAKE LOT LEASE TRANSFERS FOR THIS MEETING.

COMMISSIONER STOREY MADE A MOTION TO APPROVE ORDINANCE #23-12 RAISING WATER TAP-ON FEES.  THE NEW FEES ARE $1,000.00 FOR A ¾ INCH TAP, $2,000.00 FOR A 1-INCH TAP, $3,000.00 FOR A 2-INCH TAP AS WELL AS ADDING $1,000.00 IF A BORE IS NEEDED.  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 THE LOW BID FOR THE 8” WATER MAIN (PETROFF ROAD) FROM WIGGS EXCAVATING IN THE AMOUNT OF $446,425.00.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.   THE ONLY OTHER BID RECEIVED ON THIS PROJECT WAS FROM KAMADULSKI EXCAVATING AND GRADING IN THE AMOUNT OF $632,493.00. 

COMMISSIONER COCKRUM STATED HE HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING.  AS AN UPDATE COMMISSIONER COCKRUM STATED THAT THE HIGH SCHOOL WILL BE PAINTING THE STREETS AROUND THE FOOTBALL FIELD IN PREPARATION FOR HOMECOMING. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00116 FROM NOVACOM FOR 7 PORTABLE RADIOS, 7 SPEAKER MICS, AND 7 LEATHER CASES IN THE AMOUNT OF $6,727.00.  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 APPROVE FIRE CHIEF SHANE COCKRUM’S CONTRACT.  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 APPROVE POLICE CHIEF CHRIS FUNKHOUSER’S CONTRACT.  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 ORDINANCE #23-13 RAISING IMPOUND FEES BY $50.00 PER STEP. MAKING THE NEW FEES BE $250.00 FOR THE FIRST INCIDENT, $450.00 FOR THE SECOND INCIDENT, AND $650.00 FOR THE THIRD INCIDENT.  SECOND BY COMMISSIONER STOREY.  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 09/01/2023 TOTALING $102,516.81 WITH THE GENERAL FUND PORTION BEING $75,226.99 AND THE WATER & SEWER PORTION BEING $27,289.82. SECONDED BY COMMISSIONER STOREY.  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 09/15/2023 TOTALING $104,164.07 WITH THE GENERAL FUND PORTION BEING $78,346.61 AND THE WATER & SEWER PORTION BEING $25,817.46. SECONDED BY COMMISSIONER STOREY.  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 MONTHLY BILLS IN THE AMOUNT OF $370,837.98 WITH $39,290.26 COMING FROM TIF, $44,406.52 COMING FROM MFT, AND $17,888.90 COMING FROM THE AIRPORT.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER KAYS MADE A MOTION TO CREATE A COMMITTEE CONSISTING OF HIMSELF, MAYOR MESSERSMITH, AND ATTORNEY MALKOVICH TO RESEARCH IMPOSING A CIGARETTE/TOBACCO TAX.  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 BEGIN THE PROCESS OF LOOKING INTO OPTIONS FOR CREATING A BED TAX FOR THE CITY OF BENTON.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0. 

NO UPDATES FROM ATTORNEY MALKOVICH FOR THIS MEETING. 

MAYOR MESSERSMITH STATED THAT TAKE ACTION TODAY WOULD BE DECORATING THE POLES AROUND THE SQUARE AND STREETSCAPE FOR ADDICTION RECOVERY AWARENESS MONTH WITH PURPLE RIBBONS.  MAYOR MESSERSMITH ALSO STATED THAT THE CITY HAS RECEIVED A $1.2 MILLION-DOLLAR DCEO CDBG FOR A NEW WATER LINE ON THE NORTH EAST SIDE OF TOWN IN THE JOPLIN STREET AREA.  HE STATED THAT CITIZENS WILL SEE EMPLOYEES GOING DOOR TO DOOR TO HAVE SURVEYS COMPLETED REGARDING RECEIVING THIS GRANT. 

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

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO PRESENT ITEM (C) DISCUSSION AND/OR APPROVAL OF APPLICATION FOR A VARIANCE FOR BUILDING SETBACK LINE FOR THE PROPERTY LOCATED AT 1203 NORTH MAIN STREET.  MR. CALCATERRA STATED THAT HUCKS WILL BE BUILDING A NEW BUILDING AND CHANGING THE LOCATION OF THE GASOLINE PUMPS.  MR. CALCATERRA STATED THAT HUCKS WOULD LIKE A VARIANCE FOR A SETBACK OF 15 FEET AS OPPOSED TO THE NORMAL 20.  MR. CALCATERRA RECOMMENDED APPROVING THIS VARIANCE AS DID THE PLANNING AND ZONING COMMISSIONER.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE VARIANCE FOR 1204 NORTH MAIN.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0. 

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEM (D) DISCUSSION AND/OR APPROVAL OF THE APPLICATION TO REZONE THE PROPERTY LOCATED AT 624 AND 634 WEST MAIN STREET AND 447 WEST CHURCH STREET ALSO KNOWN AS THE JRN SUBDIVISION FROM B-6 AND R-3 TO B2.  MR. CALCATERRA STATED THAT HE RECOMMENDED THIS AS WELL AS A RECOMMENDATION TO APPROVE THIS WAS RECEIVED BY THE ZONING AND PLANNING BOARD.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0. 

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEM (E) DISCUSSION AND/OR APPROVAL OF THE RESOLUTION OF AUTHORIZATION FOR THE OSLAD GRANT PROGRAM FOR THE RENOVATION OF MALKOVICH PARK.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0. 

MAYOR MESSERSMITH STATED THAT THE WEEK OF 09/17/2023-09/23/2023 HAS BEEN DESIGNATED AS NATIONAL RAIL SAFETY WEEK.  MAYOR MESSERSMITH STATED THAT HE HAS SIGNED A PROCLAMATION DECLARING THIS FOR THE CITY OF BENTON. 

IN MISCELLANEOUS BUSINESS, FIRE CHIEF SHANE COCKRUM STATED THAT FRIDAY, SEPTEMBER 15, 2023 WILL BE MILITARY APPRECIATION NIGHT AT TABOR FIELD DURING THE VARSITY FOOTBALL GAME.

NO OLD BUSINESS.

IN NEW BUSINESS, COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO GO ON RECORD AS STATING THAT THE CITY DID NOT ALLOW ONLY CERTAIN PEOPLE TO ATTEND IML DUE TO THE INABILITY TO AFFORD THE TRIP.  COMMISSIONER KAYS STATED THAT THE CHOICE OF WHO TO SEND TO THE CONFERENCE WAS MADE BASED UPON THE MATERIALS THAT WILL BE PRESENTED AT THE CONFERENCE.  COMMISSIONER KAYS STATED THAT HE IS VERY AGGRAVATED THAT THIS TOPIC HAS HAD TO BE DISCUSSED AT 3 DIFFERENT COUNCIL MEETINGS.  COMMISSIONER KAYS STATED THAT HE WAS VERY OFFENDED BY THE FACEBOOK POST MADE BY COMMISSIONER GARAVALIA’ S HUSBAND, DAVID GARAVALIA, REGARDING A GOFUNDME ACCOUNT BEING SET UP FOR COMMISSIONER GARAVALIA TO ATTEND IML.  COMMISSIONER KAYS STATED THAT MR. GARAVALIA ALSO ALLUDED TO THE FACT THAT COMMISSIONER GARAVALIA WAS NOT BEING ALLOWED TO GO BECAUSE SHE WAS A FEMALE.  COMMISSIONER KAYS STATED THAT HE SIMPLY WISHED TO SEND COMMISSIONERS ON A ROTATIONAL BASIS TO THIS CONFERENCE.  COMMISSIONER KAYS STATED THAT THIS COUNCIL SHOULD BE WORKING TOGETHER AND IT WILL SUCCEED OR FAIL AS A TEAM.  COMMISSIONER GARAVALIA STATED THAT SHE PLANS ON PAYING HER OWN WAY TO GO TO CHICAGO AND THAT SHE DID NOT KNOW ABOUT HER HUSBAND’S FACEBOOK POST. 

NO MATTERS OF FROM THE PUBLIC AUDIENCE.

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

5:45 P.M.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY SEPTEMBER 25, 2023 AT 5 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 1403 SOUTH MAIN STREET BENTON, ILLINOIS.

MAYOR MESSERSMITH BEGAN THE MEETING WITH A MOMENT OF SILENCE IN RESPECT TO THE THREE BENTON HIGH SCHOOL STUDENTS WHO DIED IN AN AUTOMOBILE ACCIDENT SEPTEMBER 16, 2023. 

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

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY SEPTEMBER 11, 2023.  SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

IN THE ABSENCE OF COMMISSIONER STOREY, ATTORNEY MALKOVICH HANDLED THE PUBLIC PROPERTY REPORT.  ATTORNEY MALKOVICH STATED THAT THERE WERE NO POOL ADJUSTMENTS, PURCHASE ORDERS, OR LAKE LOT LEASE TRANSFERS FOR THIS MEETING.  ATTORNEY MALKOVICH STATED THAT AS AN UPDATE, HE WANTED THE COUNCIL TO KNOW THAT MONY KASH HAD SUBMITTED HIS RESIGNATION FROM THE WATER DEPARTMENT. 

ATTORNEY MALKOVICH ASKED FOR A MOTION TO APPROVE ACCEPTING THE RFQ FOR THE WATER MAIN GRANT PROJECT FROM PSC CIVIL ENGINEERS AND LAND SURVEYORS.  COMMISSIONER COCKRUM MADE A MOTION TO ACCEPT THE RFQ FROM PSC CIVIL ENGINEERS AND LAND SURVEYORS.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER COCKRUM STATED HE HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING.  AS AN UPDATE COMMISSIONER COCKRUM STATED THAT THE 2023 OIL AND CHIP PROGRAM HAS BEEN COMPLETED AND THE OVERLAY PROJECT ON WHISPER WAY WILL BEGIN IN OCTOBER.  COMMISSIONER COCKRUM ALSO STATED THAT THE WASTENA STREET PROJECT IS PROGRESSING. 

COMMISSIONER GARAVALIA STATED THAT SHE HAD NO PURCHASE ORDERS OR DEPARTMENT REPORTS.  COMMISSIONER COCKRUM STATED THAT SHE WOULD LIKE TO COMMEND THE FIRE AND POLICE DEPARTMENTS FOR THE WAY THEY HANDLED THE RECENT TRAGIC ACCIDENT.  MAYOR MESSERSMITH ECHOED THIS SENTIMENT.   FIRE CHIEF SHANE COCKRUM WAS IN ATTENDANCE AND STATED THAT ON BEHALF OF HIS FAMILY, WHO WERE PERSONALLY AFFECTED BY THIS ACCIDENT, HE WANTED TO THANK THE CITY FOR ALL THAT THEY DID TO HELP AFTER THE ACCIDENT. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE CADET PROGRAM IN THE FIRE DEPARTMENT.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

COMMISSIONER KAYS STATED THAT THERE IS NO PAYROLL TO APPROVE AT THIS MEETING AS TWO PAYROLLS WERE APPROVED AT THE LAST MEETING.  COMMISSIONER KAYS ALSO STATED THAT THERE WERE NO BILLS TO BE APPROVED AT THIS MEETING. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE AMENDING AN ORDINANCE ALLOWING PENALTIES TO BE APPLIED TO TRASH BILLS THAT ARE NOT PAID BY THE DUE DATE.  CURRENTLY 10% PENALTY IS APPLIED TO WATER BILLS THAT ARE NOT PAID BY THE 15^TH OF EACH MONTH EXCLUDING TRASH.  THIS AMENDMENT WILL APPLY A 10% PENALTY TO THE ENTIRE BILL INCLUDING TRASH IF NOT PAID BY THE 15^TH OF EACH MONTH.   SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

NO UPDATES FROM ATTORNEY MALKOVICH FOR THIS MEETING. 

MAYOR MESSERSMITH PRESENTED PURCHASE ORDER #00484 TO MID-SOUTH STEEL PRODUCTS, INC. FOR A FUEL PUMP FOR THE AIRPORT IN THE AMOUNT OF $1,806.19.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THIS PURCHASE ORDER.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

MAYOR MESSERSMITH PRESENTED PURCHASE ORDER #00491 TO BRANDON SMITH FOR REPAIRS TO THE CODE OFFICIAL CAR IN THE AMOUNT OF $337.00.  COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THIS PURCHASE ORDER.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

NO MISCELLANEOUS BUSINESS.

NO OLD BUSINESS.

IN NEW BUSINESS, COMMISSIONER KAYS STATED THAT HE HAS BEEN CONTACTED BY CONCEPTE OF ILLINOIS REGARDING SWITCHING OF OUR EMAIL SERVER.  HE STATED THAT A NEW ALIAS EMAIL ADDRESS WILL BE PROVIDED FOR ALL EMPLOYEES.  COMMISSIONER GARAVALIA STATED THAT SHE WOULD LIKE TO LOOK INTO GETTING WORK PHONES FOR THE POLICE OFFICERS TO AVOID PERSONAL PHONES BEING USED FOR CITY BUSINESS.  MAYOR MESSERSMITH STATED THAT THIS MAY BE A BIGGER CONVERSATION AS HE BELIEVES THERE ARE SOME EMPLOYEES IN OTHER DEPARTMENTS WHO WOULD BENEFIT FROM THIS AS WELL. 

IN MATTERS OF FROM THE PUBLIC AUDIENCE, TOM CARTER STATED THAT HE AGREED WITH THE PENALTY BEING CHARGED ON TRASH RATES AS WELL. HOWEVER, MR. CARTER STATED THAT HE DID NOT SEE THE ITEM ON THE AGENDA.  CITY CLERK BROOK CRAIG APOLOGIZED TO MR. CARTER AS THE INCORRECT AGENDA HAD BEEN SET ON THE TABLE.  MR. CARTER WAS ASSURED THAT THE CORRECT AGENDA IS ON THE CITY’S FACEBOOK FOR VIEWING AS WELL AS POSTED ON THE FRONT DOORS OF CITY HALL. 

COMMISSIONER KAYS MADE A MOTION TO ADJOURN.  SECONDED BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

5:17 P.M.

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY AUGUST 28, 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 STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS¸ AND MAYOR MESSERSMITH WERE PRESENT FOR ROLL CALL.  COMMISSIONER COCKRUM WAS ABSENT.

MAYOR MESSERSMITH ASKED PAUL TART AND TESSA LEECH WITH TAKE ACTION TODAY TO COME BEFORE THE COUNCIL.  MAYOR MESSERSMITH PRESENTED THEM WITH A PROCLAMATION DECLARING SEPTEMBER 2023 TO BE OVERDOSE AWARENESS MONTH IN THE CITY OF BENTON. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY AUGUST 14, 2023. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00480 FROM MENARDS FOR AN 18 CUBIC FOOT WHITE REFRIGERATOR FOR THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $678.00. SECONDED BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00479 FROM MARION GLASS FOR REPAIRS TO THE FRONT DOOR AT CITY HALL IN THE AMOUNT OF $935.00. SECONDED BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

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

COMMISSIONER STOREY MADE A MOTION TO APPROVE A POOL ADJUSTMENT FOR TERRY AND DEBBIE MCGUIRE.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE A POOL ADJUSTMENT FOR JOHN WILSON.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER STOREY MADE A MOTION TO ALLOW PUBLIC WORKS DIRECTOR CRAIG MILES TO BEGIN THE PROCESS OF SETTING UP A WATER CONNECTION BETWEEN THE VILLAGE OF WEST CITY AND THE CITY OF BENTON.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER STOREY MADE A MOTION TO APPROVE ORDINANCE #2023-10 AMENDING THE ORDINANCE REQUIRING BACKFLOW DEVICES ON SEWER HOOK UPS TO ALSO INCLUDE COMMERCIAL AND INDUSTRIAL PROPERTIES.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

IN THE ABSENCE OF COMMISSIONER COCKRUM, ATTORNEY MALKOVICH HANDLED THE STREETS AND IMPROVEMENTS REPORT.  HE STATED THERE WERE NO PURCHASE ORDERS FOR STREETS AND IMPROVEMENTS THIS EVENING.

ATTORNEY MALKOVICH STATED THAT HE WOULD NEED A MOTION TO APPROVE RESOLUTION #2023-15 FOR A ROAD CLOSURE DURING THE 2023 BCHS HOMECOMING PARADE ON SEPTEMBER 29, 2023 FROM 1:30 PM TO 2:15 PM.  COMMISSIONER STOREY MADE THIS MOTION.  SECONDED BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00396 FROM FAST FOR REPLACEMENT OF OUT-OF-DATE HOSE WITH LEAKS FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $925.00.  SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER GARAVALIA MADE A MOTION TO TABLE ITEM (B) DISCUSSION OF POLICE AND FIRE CHIEF (S) CONTRACTS.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE TINTING OF THE SQUAD CARS IN THE POLICE DEPARTMENT.  SHE STATED THAT THERE ARE 10 CARS AND IT IS $80.00 PER VEHICLE TOTALING $800.00 FOR ALL CARS TO BE TINTED.  CHIEF FUNKHOUSER PROVIDED PICTURES SHOWING THE DAMAGE CAUSED TO THE SQUAD CARS FROM THE SUN AND HEAT COMING IN THROUGH THE TINTED WINDOWS.  CHIEF FUNKHOUSER ALSO STATED THAT HE WOULD BE PAYING FOR THIS FROM THE IMPOUND FUND.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER GARAVALIA STATED A SQUAD CAR WAS DAMAGED DURING A CALL AND SHE WOULD LIKE TO GET THE DENT FIXED.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER GARAVALIA MADE A MOTION TO RAISE IMPOUND FEES BY $50.00 PER STEP. CURRENTLY THE IMPOUND FEES ARE $200.00, $400.00, AND $600.00 AND THIS WOULD MAKE THE NEW FEES $250.00 FOR THE FIRST INCIDENT, $450.00 FOR THE SECOND INCIDENT, AND $650.00 FOR THE THIRD INCIDENT.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER GARAVALIA MADE A MOTION TO ALLOW HER TO SPEAK WITH THE BENTON CIVIC CENTER TO NEGOTIATE A PRICE FOR HOLDING THE POLICE AND FIREMEN BALL AT THE CIVIC CENTER.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN. YEAS: 3.  COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH.  NAYS: 1.  COMMISSIONER STOREY. 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE AMBULANCE AGREEMENT WITH BCHS.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

FIRE CHIEF SHANE COCKRUM PROVIDED A DEPARTMENT REPORT TO THE COUNCIL STATING THAT HIS DEPARTMENT HAD RESPONDED TO 70 CALLS IN JULY.  POLICE CHIEF CHRIS FUNKHOUSER STATED THAT HIS DEPARTMENT HAD RUN A CAR DETAIL WITH THE COUNTY LAST WEEK THAT LED TO 3 ARRESTS AND 2 IMPOUNDMENTS. 

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

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL TOTALING $104,063.10 WITH THE GENERAL FUND PORTION BEING $79,209.22 AND THE WATER & SEWER PORTION BEING $24,853.88. SECONDED BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO PROVIDE FMLA TRAINING FOR DEPARTMENT HEADS AND OTHER EMPLOYEES IN THE CITY.  HE STATED THAT HE IS LOOKING INTO SPECIFICS FOR TRAINING AND WILL GET BACK TO THE COUNCIL WITH THE SPECIFICS. 

COMMISSIONER KAYS MADE A MOTION TO WRITE OF BAD DEBT IN THE WATER DEPARTMENT IN THE AMOUNT OF $54,399.92.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER KAYS MADE A MOTION TO ENTER INTO A CO-OP WITH BCHS FOR A HIGH SCHOOL WORK PROGRAM.  HE STATED THIS IS AN UNPAID POSITION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER KAYS STATED THAT FIRE CHIEF SHANE COCKRUM HAS BEEN WORKING ON A CADET PROGRAM FOR THE FIRE DEPARTMENT AND THAT THIS STUDENT WORKER PROGRAM WILL WORK WITH THIS CADET PROGRAM IN THE FUTURE. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE ORDINANCE #2023-11 AMENDING THE TRASH RATE ORDINANCE.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER KAYS MADE A MOTION TO APPROVE RESOLUTION #2023-16 AMENDING THE TRASH RATE SCHEDULE.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

COMMISSIONER KAYS ASKED ABOUT THE CREATION OF A BAD DEBT WRITE-OFF DEPOSIT ORDINANCE.  ATTORNEY MALKOVICH STATED THAT HE DID NOT THINK THIS WAS NECESSARY AT THIS POINT. 

NO UPDATES FROM ATTORNEY MALKOVICH FOR THIS MEETING. 

MAYOR MESSERSMITH STATED THAT HE HAD BEEN CONTACTED BY THE HIGH SCHOOL REGARDING CHALKING THE SIDEWALKS FROM THE HIGH SCHOOL AND THROUGH DOWNTOWN AREA FOR HOMECOMING WEEK.  MAYOR MESSERSMITH STATED THAT HE JUST WANTED TO MAKE THE COUNCIL AWARE THEY MAY SEE THIS HAPPENING. 

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

MAYOR MESSERSMITH STATED THAT HE NEEDED SOMEONE TO MAKE A MOTION APPROVING TRICK OR TREATING FOR THE CITY OF BENTON ON OCTOBER 28, 2023 FROM 5 P.M. TO 9 P.M.  COMMISSIONER STOREY MADE THIS MOTION.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN. YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. 

NO MISCELLANEOUS BUSINESS.

NO OLD BUSINESS.

NO NEW BUSINESS. 

IN MATTERS OF FROM THE PUBLIC AUDIENCE MR. TONY LANG ADDRESSED THE COUNCIL.  HE STATED THAT THERE IS A TREE IN THE DRAINAGE DITCH BEHIND HIS HOUSE HE WOULD LIKE THE COUNCIL TO LOOK INTO.  HE STATED THE TREE IS ABOUT TO FALL INTO THE DITCH AND THIS WILL CAUSE BACK UP TO HAPPEN ONCE AGAIN.  MAYOR MESSERSMITH STAT5ED THAT HE WOULD HAVE SOMEONE LOOK INTO THE MATTER. 

COMMISSIONER STOREY MADE A MOTION TO ADJOURN. SECONDED BY COMMISSIONER KAYS. VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

5:50 P.M.