City Council Meeting Minutes — June 24, 2019

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY JUNE 24, 2019 AT 6:00 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 1403 SOUTH MAIN STREET BENTON, ILLINOIS.

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

MAYOR KONDRITZ ASKED FOR A MOTION TO BE MADE ON THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF JUNE 10, 2019. COMMISSIONER STOREY MADE THIS MOTION. SECOND BY COMMISSIONER MESSERSMITH. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ. NAYS: 0.

MAYOR KONDRITZ ASKED REG ANKROM OF SIMEC TO SPEAK BEFORE THE COUNCIL. MR. ANKROM STATED THAT HE WAS THE PRESIDENT OF SIMEC AND THAT HE IS THE ELECTRIC AGGREGATE BROKER FOR THE CITY OF BENTON. HE STATED THAT THE CITY PREVIOUSLY SIGNED A CONTRACT FOR ELECTRIC AGGREGATION WITH HOMEFIELD ENERGY. THE RATE THE CITY SIGNED FOR WAS $0.06285. AMEREN HAS RELEASED SUMMER RATES FOR 2019 AND THE RATE IS $0.046. MR. ANKROM EXPLAINED THE PROCESS FOR CITIZENS TO SWITCH FROM HOMEFIELD TO AMEREN IF THEY ARE INTERESTED AND STATED THAT CITY CLERK BROOK CRAIG ALSO HAS THE INSTRUCTIONS.

COMMISSIONER PERKINS PRESENTED PURCHASE ORDER #001156 TO FB MCAFOOS AND COMPANY FOR A CHOP SAW WITH A 16INCH BLADE FOR A TOTAL PRICE OF $1,373.98. COMMISSIONER PERKINS MADE A MOTION TO APPROVE THIS PURCHASE ORDER. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER PERKINS MADE A MOTION TO HIRE DAILUS RICHARDSON FOR THE POSITION OF MAINTENANCE IN THE WATER DEPARTMENT. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER PERKINS MADE A MOTION TO APPROVE ORDINANCE #19-11 FOR BACKFLOW PREVENTERS. SECOND BY COMMISSIONER MESSERSMITH. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER PERKINS MADE A MOTION TO TABLE ITEM (D) DISCUSSION AND/OR APPROVAL OF APPOINTMENT OF WATER AND SEWER SUPERINTENDENT WITH A FOUR (4) YEAR CONTRACT. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MESSERSMITH STATED THAT HE IS WORKING ON AN AGREEMENT WITH THE BENTON CIVIC CENTER REGARDING A DRAIN TILE AT NEAR THE PARKING LOT FOR THE CIVIC CENTER. COMMISSIONER MESSERSMITH ALSO STATED THAT HE IS LOOKING INTO CHANGING THE 20 MINUTE PARKING/LOADING ZONES ON SCARBOROUGH AND TOLER DRIVES TO 30 MINUTE PARKING. HE STATED HE WILL UPDATE AT A FUTURE MEETING. COMMISSIONER MESSERSMITH ALSO STATED THAT HE IS CURRENTLY WORKING WITH FUTIVA REGARDING PLACING UTILITY BOXES FOR FIBER OPTICS FOR INTERNET. HE STATED THIS WOULD BE PLACED ON THE WEST CORNER OF THE PARKING LOT BY THE FIRE DEPARTMENT.

COMMISSIONER STOREY PRESENTED PURCHASE ORDER #001139 TO RABEN TIRE FOR TWO (2) GOODYEAR FRONT STEER TIRES AND FOUR (4) GOOD HEAR DURATIME TIRES WITH A TOTAL COST OF $2,557.48. COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS PURCHASE ORDER, SECOND BY COMMISSIONER PERKINS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO RELUCTANTLY ACCEPT THE RESIGNATION OF POLICE CHIEF KYLE MELVIN. HE STATED THAT MR. MELVIN WOULD BE STAYING WITH THE CITY OF BENTON POLICE DEPARTMENT, BUT WOULD GO BACK INTO THE ROLE OF INVESTIGATOR. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO PLACE MICHAEL ANDREWS AS THE INTERIM POLICE CHIEF. SECOND BY COMMISSIONER MESSERSMITH. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO DIRECT ATTORNEY MALKOVICH TO PREPARE AN ORDINANCE NOT ALLOWING CONSTANTINE WIRE/RAZOR WIRE TO BE USED WITHIN THE CITY OF BENTON. SECOND BY COMMISSIONER MESSERSMITH, VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER STOREY MADE A MOTION TO APPROVE THE ONE (1) YEAR CONTRACT FOR FIRE CHIEF SHANE COCKRUM. COMMISSIONER GARAVALIA STATED THAT SHE WOULD LIKE TO GO INTO EXECUTIVE SESSION TO DISCUSS ALL THE EMPLOYMENT CONTRACTS BEFORE BEING APPROVED, ALSO STATING THAT SINCE THE INITIAL CONTRACT WAS PRESENTED TO CHIEF COCKRUM, HE HAD NOT AGREED TO IT AND MADE CHANGES. COMMISSIONER GARAVALIA STATED THAT SHE HAS NOT HAD AMPLE TIME TO REVIEW THE CONTRACT AT THIS POINT. COMMISSIONER STOREY’S MOTION DIED FOR LACK OF SECOND.
COMMISSIONER STOREY STATED THAT HE FELT THAT THE FIRE CHIEF HAD BEEN TORTURED ENOUGH AND THOUGHT THE COUNCIL SHOULD JUST GIVE HIM HIS CONTRACT. COMMISSIONER STOREY THEN STATED THAT HE WAS “DONE” AND LEFT THE COUNCIL MEETING.

IN THE ABSENCE OF COMMISSIONER STOREY, ATTORNEY MALKOVICH STATED THAT A MOTION WAS NEEDED TO ACCEPT THE RESIGNATION OF PAID ON CALL FIREFIGHTER MATTHEW WARREN. COMMISSIONER MESSERSMITH MADE THIS MOTION. SECOND BY COMMISSIONER PERKINS. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

ATTORNEY MALKOVICH ASKED FOR A MOTION APPROVING THE DONATION OF EQUIPMENT FROM THE CITY OF WEST FRANKFORT FIRE DEPARTMENT, WHICH WAS FIVE (5) MSA FIREHAWK SCBA BREATHING APPARATUS WITH MASKS AND BOTTLES. MOTION TO ACCEPT THIS EQUIPMENT WAS MADE BY COMMISSIONER PERKINS. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PAYROLL DATED 06/14/2019 FOR GENERAL FUND IN THE AMOUNT OF $69,032.45 AND WATER AND SEWER IN THE AMOUNT OF $28,973.82 FOR A TOTAL PAYROLL OF $98,006.27. SECOND BY COMMISSIONER MESSERSMITH. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE SEWER ADJUSTMENTS FOR DIANA DILLARD OF 1011 ELECTION CIRCLE, KELLY MANDRELL OF 204 WEST PARRISH, DAVID AND MELODY FLETCHER OF 118 PARRISH, JEFF WHITLOW OF 914 JOPLIN, RON OSBORN OF 715 SHERIDAN DRIVE, ELIZABETH PAYNE OF 607 WEST SIXTH STREET, CASSIE COCKE OF 505 MITCHELL STREET, PATTY PRICE OF 526 EAST SMITH, KELLY KNIGHT OF 306 NORTH MCLEANSBORO, MARTIN MONROE OF 1014 ELECTION DRIVE, DANIEL BONSACK OF 304 NORTH EIGHTH STREET, AS THEY MEET THE CRITERIA SET FORTH IN THE ORDINANCE. SECOND BY COMMISSIONER MESSERSMITH. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER GARAVALIA MADE A MOTION TO DENY SEWER ADJUSTMENTS FOR TRISTAN SWIGONSKI OF 1103 LICKLITER STREET, AMY ELMS OF 1354 WHISPER WAY, GEORGIA LOHMAN OF 300 NORTH WARD, AND JAMES BENNS OF 1330 WHISPER WAY AS THEY DO NOT MEET THE CRITERIA SET FORTH IN THE ORDINANCE. SECOND BY COMMISSIONER MESSERSMITH..
VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

ATTORNEY MALKOVICH STATED THAT WE NO LONGER ARE REQUIRED TO PASS AN ORDINANCE FOR PREVAILING WAGE AND THEREFORE COMMISSIONER GARAVALIA DID NOT NEED TO MAKE ANY MOTION FOR ITEM (D) DISCUSSION AND/OR APPROVAL OF PREVAILING WAGE ORDINANCE

COMMISSIONER GARAVALIA STATED THAT A LOT OF RESUMES AND APPLICATIONS HAD BEEN RECEIVED REGARDING THE POSITION OF WATER CLERK/DEPUTY CITY CLERK. COMMISSIONER GARAVALIA STATED THAT SHE WOULD BE MOVING FORWARD WITH THE INTERVIEW PROCESS AT THIS POINT.

COMMISSIONER GARAVALIA PRESENTED RESOLUTION #19-08 REGARDING ATTENDANCE OF CITY EMPLOYEES AND CITY COUNCIL MEMBERS AT THE ANNUAL ILLINOIS MUNICIPAL LEAGUE CONFERENCE SEPTEMBER 19-21, 2019. SECOND BY COMMISSIONER MESSERSMITH, VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER GARAVALIA PRESENTED RESOLUTION #19-09 REGARDING ATTENDANCE OF CITY EMPLOYEES AT THE ANNUAL TAX INCREMENT FINANCING CONFERENCE SEPTEMBER 17-18, 2019. SECOND BY COMMISSIONER MESSERSMITH, VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER GARAVALIA STATED SHE WOULD LIKE TO GO INTO EXECUTIVE SESSION FOR ITEM (F) DISCUSSION AND/OR APPROVAL OF FOUR (4) YEAR CONTRACT FOR COMMUNITY RELATIONS DIRECTOR.

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO ACCEPT THE RESIGNATION OF VICKEE COCKRUM FROM THE CIVIC CENTER AUTHORITY BOARD. COMMISSIONER PERKINS MADE THIS MOTION. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO APPOINT JOELLEN BAUER TO THE VACANCY ON THE CIVIC CENTER AUTHORITY BOARD TO FINISH THE TERM OF VICKEE COCKRUM SET TO EXPIRE IN JULY OF 2021. THIS MOTION WAS MADE BY COMMISSIONER PERKINS. SECOND BY COMMISSIONER MESSERSMITH. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO APPOINT DAVID GARAVALIA TO THE POSITION OF ZONING ADMINISTRATOR/CODE ENFORCER. COMMISSIONER MESSERSMITH MADE THIS MOTION. SECOND BY COMMISSIONER PERKINS. VOTE WAS TAKEN. YEAS: 3. COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0. COMMISSIONER GARAVALIA ABSTAINED.

NO MISCELLANEOUS BUSINESS.

NO OLD BUSINESS.

NO NEW BUSINESS.

UNDER MATTERS FROM THE PUBLIC AUDIENCE, TOM CARTER ASKED COMMISSIONER GARAVALIA WHAT THE AMOUNT THAT THE CITY OWES ON THE NEW WASTEWATER TREATMENT PLANT IS. COMMISSIONER GARAVALIA STATED THAT SHE WAS NOT PREPARED TO ANSWER THAT QUESTION AND WOULD HAVE TO GET BACK TO HIM WITH THE CORRECT AMOUNT.

TED ANDERSON WITH “HOPE OVER HEROIN” SPOKE TO THE COUNCIL REGARDING THE UPCOMING “HOPE OVER HEROIN” EVENT. HE STATED THERE WILL BE A MARCH, A 5K, A CONCERT, MOTORCYCLE STUNTS, AND THERE WILL ALSO BE COUNSELING AVAILABLE. HE ASKED THE MAYOR TO CONSIDER CLOSING MAIN STREET FOR THE MARCH AND A PORTION OF HUDELSON FOR THE MOTORCYCLE SHOW. THE MAYOR STATED THE COUNCIL WOULD LOOK INTO THIS REQUEST.

VICTOR SHOCKLEY WITH JOHN H. CRAWFORD AND ASSOCIATES STATED THAT THERE WILL BE A BID LETTING AT 10 A.M. ON WEDNESDAY JUNE 26, 2019 REGARDING THE WATER MAIN PROJECT FOR NORTH MAIN.

COMMISSIONER GARAVALIA 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 MESSERSMITH. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER GARAVALIA, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

7:00 P.M.

COMMISSIONER PERKINS MADE A MOTION TO GO BACK INTO REGULAR SESSION. SECOND BY COMMISSIONER MESSERSMITH. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

7:45 P.M.

ATTORNEY MALKOVICH ASKED THE RECORD TO REFLECT THAT COMMISSIONER STOREY HAD LEFT THE CITY COUNCIL MEETING UNDER DISCUSSION OF 6. (E), BUT HAD RETURNED FOR EXECUTIVE SESSION AND WAS NOW PRESENT IN OPEN SESSION.

COMMISSIONER GARAVALIA STATED THAT ON ALL THESE VOTES AND FUTURE VOTES SHE WILL VOTE HER CONVICTION AND FOR WHAT IS IN THE BEST INTEREST OF THE CITY.

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE FOUR (4) YEAR CONTRACT FOR RACHEL GARTNER AS THE COMMUNITY RELATIONS DIRECTOR. SECOND BY COMMISSIONER MESSERSMITH. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER MESSERSMITH MADE A MOTION TO APPROVE THE CONTRACT FOR DAVID GARAVALIA AS THE ZONING ADMINISTRATOR/CODE ENFORCER WITH AN END DATE OF JANUARY 4, 2021. SECOND BY COMMISSIONER PERKINS. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0. COMMISSIONER GARAVALIA ABSTAINED.

COMMISSIONER STOREY MADE A MOTION TO APPROVE A ONE (1) YEAR CONTRACT FOR SHANE COCKRUM AS THE FIRE CHIEF. SECOND BY COMMISSIONER PERKINS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

COMMISSIONER PERKINS A MOTION TO ADJOURN . SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ. NAYS: 0.

TIME 7:50 P.M.