City Council Meeting Minutes — May 11, 2020

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY MAY 11, 2020 AT 6:00 P.M.   PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER IN RESPONSE TO COVID-19 ISSUED MARCH 16, 2020, THIS MEETING WAS HELD BY TELEPHONE CONFERENCE AND COMPUTER ATTENDANCE ONLY.

 

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

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF APRIL 27, 2020.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE MINUTES OF THE PUBLIC HEARING OF APRIL 30, 2020.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE MINUTES OF THE SPECIAL CALLED CITY COUNCIL MEETING OF APRIL 30, 2020.  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 APPROVE PURCHASE ORDER #001766 TO MUNICIPAL EQUIPMENT IN ST. LOUIS, MISSOURI FOR ENAQUA PARTS AND SERVICE IN THE AMOUNT OF $8,240.00.  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 PURCHASE ORDER #00230 TO WARNING LITES FOR 40 STOP SIGNS, 20 SPEED LIMIT SIGNS, 30 NO PARKING SIGNS, 2 SCHOOL ZONE SIGNS, AND 6 NO ATV SIGNS IN THE AMOUNT OF $2,000.00.  SECOND BY COMMISSIONER GARAVALIA.  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 PURCHASE ORDER #00231 TO ENERGY CULVERT IN THE AMOUNT OF $1,020.00.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MESSERSMITH STATED THAT HE HAS BEEN IN CONTACT WITH RODNEY POTTS OF JOHN H. CRAWFORD AND ASSOCIATES REGARDING THE SIDEWALK PROJECT.  COMMISSIONER MESSERSMITH STATED THAT THE PROJECT IS MOVING FORWARD. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE ORDINANCE #2020-07 AMENDING CHAPTER 24, ARTICLE 10-8 OF THE CODIFIED ORDINANCES INCREASING THE FEES FOR VEHICLE SEIZURE AND IMPOUNDMENT PENALTIES TO TWO HUNDRED DOLLARS ($200.00) FOR A FIRST OFFENSE, FOUR HUNDRED DOLLARS ($400.00) FOR THE SECOND OFFENSE, AND SIX HUNDRED DOLLARS ($600.00) FOR THE THIRD AND ANY SUBSEQUENT OFFENSE.  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 TABLE ITEM (C) DISCUSSION AND/OR APPROVAL OF FIRE CHIEF’S CONTRACT.  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 PROPOSED SCHOOL RESOURCE OFFICER CONTRACT FOR THE BENTON HIGH SCHOOL.  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 APPROVE THE PROPOSED SCHOOL RESOURCE OFFICER CONTRACT FOR THE BENTON GRADE SCHOOL.  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 APPROVE RESOLUTION #2020-06 FOR A ROAD CLOSURE FOR THE BENTON HIGH SCHOOL GRADUATION PARADE.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00613 TO ALL STARS N STITCHES FOR CENSUS SIGNS IN THE AMOUNT OF $406.00.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA STATED THAT SHE WOULD LIKE TO CONTINUE THE MEETING UNTIL FRIDAY, MAY 15, 2020 AT 9 A.M. TO APPROVE BILLS BECAUSE ALL THE STATEMENTS HAD NOT BEEN RECEIVED AT THIS TIME. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PAYROLL FOR 05/01/2020 FOR GENERAL FUND IN THE AMOUNT OF $73,067.13 AND FOR THE WATER AND SEWER FUND IN THE AMOUNT OF $33,854.74 FOR A TOTAL PAYROLL OF $106,912.87.  COMMISSIONER STOREY SECONDED THIS MOTION.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE ORDINANCE #2020-09 FOR FISCAL YEAR 2020-2021 BUDGET AS IT HAS BEEN ON DISPLAY FOR A PERIOD OF TWO WEEKS AND A PUBLIC HEARING WAS HELD TO RECEIVE COMMENTS REGARDING THE BUDGET.  SECOND BY COMMISSIONER STOREY WITH THE PROVISION THAT THE COUNCIL UNDERSTAND HE WILL NOT AGREE TO PLACING TIME CLOCKS FOR EMPLOYEES EVEN THOUGH THE LINE ITEM IS IN THE BUDGET.  VOTE WAS TAKEN.   YEAS:  4. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, AND MAYOR KONDRITZ.  NAYS:  1. COMMISSIONER MESSERSMITH.  COMMISSIONER MESSERSMITH STATED THAT HE IS VOTING NO ON THIS MOTION DUE TO ITEMS IN THE BUDGET HE BELIEVES HAVE NOT BEEN THOROUGHLY DISCUSSED. 

 

MAYOR KONDRITZ STATED THAT IN THE FUTURE COUNCIL MEETINGS HE WOULD LIKE EACH COMMISSIONER TO REPORT THE HIGHLIGHTS FROM THEIR DEPARTMENTS OVER THE PREVIOUS TWO WEEKS.  HE WOULD LIKE TO HEAR REPORTS ON THE PROJECTS THEY ARE WORKING ON OR HAVE COMPLETED AND ANYTHING ELSE THAT MAY BE RELEVANT FOR THE COUNCIL TO HEAR. 

 

MAYOR KONDRITZ STATED THAT ITEMS (B) DISCUSSION AND/OR APPROVAL OF BARGAINING AGREEMENTS NEGOTIATIONS, (C) DISCUSSION AND/OR APPROVAL OF NEGOTIATION OF LABORER’S 318 GROUP GRIEVANCE, (D) DISCUSSION AND/OR APPROVAL OF PUBLIC WORKS DIRECTOR, AND (F) DISCUSSION AND/OR APPROVAL OF WORKFORCE REDUCTION WOULD BE DISCUSSED IN EXECUTIVE SESSION. 

 

MAYOR KONDRITZ ASKED ATTORNEY MALKOVICH TO DISCUSS ITEM (E) DISCUSSION AND/OR APPROVAL OF AMENDING ORDINANCE #1396 FOR THE SOUTHEASTERN ILLINOIS ELECTRIC OPERATIVE FRANCHISE.  ATTORNEY MALKOVICH STATED THAT THE COUNCIL HAD A LETTER FROM SOUTHEASTERN ILLINOIS ELECTRIC IN THEIR PACKETS.  ATTORNEY MALKOVICH STATED THE LETTER IS REQUESTING THE COUNCIL TO PASS AN ORDINANCE AMENDING THE PREVIOUS FRANCHISE AGREEMENT AS THE CURRENT ONE IS SET TO EXPIRE ON JUNE 12, 2020.  COMMISSIONER STOREY MADE A MOTION TO PASS ORDINANCE #2020-08 FOR A NEW FRANCHISE AGREEMENT WITH SOUTHEASTERN ILLINOIS ELECTRIC COOP.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED HE WOULD LIKE TO TABLE ITEM (G) DISCUSSION AND/OR APPROVAL OF AIRPORT MANAGER CONTRACT.  COMMISSIONER PERKINS MADE A MOTION TO TABLE THIS.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO APPOINT BROOK CRAIG TO THE POLICE PENSION BOARD.  COMMISSIONER STOREY MADE A MOTION TO APPROVE APPOINTMENT OF BROOK CRAIG TO THE POLICE PENSION BOARD.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ ASKED ZONING ADMINISTRATOR AND CODE ENFORCEMENT OFFICER DAVID GARAVALIA TO SPEAK TO THE COUNCIL ABOUT MOWING OF VACANT AND ABANDONED LOTS.  A DISCUSSION WAS HELD REGARDING THE PROS AND CONS OF CITY MOWING OF THESE PROPERTIES.  NO DECISION WAS MADE AT THIS MEETING. 

 

NO MISCELLANEOUS BUSINESS. 

 

NO OLD BUSINESS

 

NO NEW BUSINESS.

 

UNDER MATTERS FROM THE PUBLIC AUDIENCE, TOM CARTER ASKED THE MAYOR IF A PLAN WAS IN THE PROCESS OF BEING IMPLEMENTED FOR TIMES LIKE THE CORONA VIRUS PANDEMIC.  MAYOR KONDRITZ STATED THAT THIS WAS IN PROCESS.  JULIE PAYNE HUBLER STATED THAT SHE BELIEVES EVERYONE WILL HAVE A NEW NORMAL TO GET USED TO DUE TO THE CORONA VIRUS.  MS. HUBLER ALSO STATED THAT SHE BELIEVES THE CITY SHOULD NOT BE RESPONSIBLE FOR MOWING OTHER PEOPLE’S PROPERTY THIS YEAR AND SAVE THE MONEY FOR THE COSTS THAT ARE INCURRED WITH THIS PROCESS. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO GO INTO EXECUTIVE SESSION FOR ITEMS (B) DISCUSSION OF POSSIBLE AND/OR PENDING LITIGATIONS AND (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 PERKINS.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

7:10 P.M.

 

COMMISSIONER GARAVALIA MADE A MOTION TO GO OUT OF EXECUTIVE SESSION.  SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, AND COMMISSIONER MESSERSMITH.  NAYS:  0. 

 

8:00 P.M.

 

COMMISSIONER STOREY MADE A MOTION TO CONTINUE CONTRACT NEGOTIATIONS FOR ALL UNIONS.  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 CONTINUE THE GRIEVANCE PROCESS WITH THE WATER, SEWER, AND STREET UNION.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0.  

 

COMMISSIONER PERKINS MADE A MOTION TO APPOINT CRAIG MILES AS THE PUBLIC WORKS DIRECTOR.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.  YEAS:  4. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, AND MAYOR KONDRITZ.  NAYS:  1.  COMMISSIONER MESSERSMITH.

 

COMMISSIONER GARAVALIA MADE A MOTION TO TABLE ITEM (F) UNDER PUBLIC AFFAIRS REPORT – DISCUSSION AND/OR APPROVAL OF WORKFORCE REDUCTION.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO CONTINUE THE MEETING TO FRIDAY, MAY 15, 2020 AT 9 A.M.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  4. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. COMMISSIONER PERKINS ABSTAINED. 

 

8:05 P.M.