Meeting Minutes — July 13, 2020

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY JULY 13, 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 AS WELL AS IN PERSON AT THE BENTON CITY HALL 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. 

 

MAYOR KONDRITZ ASKED JAMES NEFF TO COME BEFORE THE COUNCIL.  MAYOR KONDRITZ SWORE IN JAMES NEFF AS A FULL-TIME FIREMAN ON A PROBATIONARY PERIOD.  UNDER PUBLIC AFFAIRS, MAYOR KONDRITZ ASKED DAVID GARAVALIA TO COME BEFORE THE COUNCIL.  MR. GARAVALIA STATED THAT THE ZONING BOARD OF APPEALS PRESENTED A RECOMMENDATION TO REZONE THE NORTH ½ OF PART OF PARCEL 08-07-401-003 CONSISTING OF 1 ½ ACRES DIRECTLY WEST OF MIDWEST TIRE DISPOSAL ON EAST ILLINOIS STREET.  COMMISSIONER GARAVALIA MADE A MOTION TO ACCEPT THIS RECOMMENDATION.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

  1. GARAVALIA STATED THAT THE ZONING BOARD OF APPEALS PRESENTED A RECOMMENDATION FOR A SPECIAL USE APPLICATION SUBMITTED BY JEFF SHOCKLEY TO OWN AND OCCUPY A 1981 HAPPY HOUSE 14’ X 16’ MANUFACTURED HOME LOCATED AT 405 WEST TAYLOR STREET IN BENTON, ILLINOIS. COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS RECOMMENDATION. SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

  1. GARAVALIA PRESENTED A PROPOSAL FROM BIG C PROPERTIES DONATING THE PROPERTY AT 427 WEST WEBSTER TO THE CITY OF BENTON. MOTION TO ACCEPT THIS DONATION WAS MADE BY COMMISSIONER GARAVALIA. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

  1. GARAVALIA PRESENTED A REAL ESTATE CONTRACT BETWEEN RONALD ROSE AND THE CITY OF BENTON. MR. ROSE WOULD LIKE TO PURCHASE THE PROPERTY ON THE CORNER OF BUCHANAN AND EAST SMITH STREET FOR A SUM OF $500.00. MR. GARAVALIA STATED THAT THE CITY HAS MAINTAINED THIS PROPERTY FOR THE PAST 4 YEARS.  MOTION TO ACCEPT $500.00 FOR THE PROPERTY AT THE CORNER OF BUCHANAN AND EAST SMITH STREET WAS MADE BY COMMISSIONER STOREY.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

  1. GARAVALIA STATED THAT THE CITY NEEDED TO OBTAIN BIDS FOR THE EAST MAIN PARKING LOT EXTENSION. COMMISSIONER PERKINS MADE A MOTION TO DO 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 ASKED ATTORNEY TOM MALKOVICH TO DISCUSS ITEM (H), DISCUSSION AND/OR APPROVAL OF AMENDING LANGUAGE IN THE LAKE LOT LEASE AGREEMENTS AT LAKE BENTON.  ATTORNEY MALKOVICH STATED THAT IN ORDER TO COMPLY WITH REGULATIONS THROUGH FREDDY MAC, THE LANGUAGE IN OUR CURRENT LAKE LOT LEASE WOULD NEED TO BE AMENDED.  COMMISSIONER MESSERSMITH MADE A MOTION TO ALLOW ATTORNEY MALKOVICH TO AMEND THIS LANGUAGE.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED HE NEEDED A MOTION TO BE MADE FOR APPROVAL OF PAYMENT TO BROWN AND ROBERTS FOR THE NEW TERMINAL PROJECT IN THE AMOUNT OF $5,991.39.  MOTION WAS MADE BY COMMISSIONER PERKINS.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT CITY HALL NEEDED A NEW ROOF AND WOULD LIKE TO SEEK BIDS.  HE STATED THAT HE IS INTERESTED IN SEEING THE PRICE DIFFERENCE BETWEEN A PITCHED ROOF AND A FLAT ROOF.  COMMISSIONER PERKINS MADE A MOTION TO BEGIN SEEKING BIDS FOR A NEW ROOF AT CITY HALL LOCATED AT 1403 SOUTH MAIN STREET.  SECOND BY COMMISSIONER GARAVALIA.  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 REGULARLY SCHEDULED CITY COUNCIL MEETING OF JUNE 22, 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 #00628 TO FW PLUMBING FOR SUMP PUMP REPAIRS AT CITY HALL IN THE AMOUNT OF $1,550.54.  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 APPROVE PURCHASE ORDER #00629 TO THE IEPA FOR THE YEARLY NPDES FEE IN THE AMOUNT OF $17,500.00.  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 RAISE WATER RATES BY $1.00 ON THE BASE RATE.  HE STATED THAT ALL CITIZENS’ BILLS WILL BE RAISED $1.00 PER MONTH, NOT A SCALED RATE RAISE.  COMMISSIONER PERKINS STATED THAT REND LAKE CONSERVANCY HAS RAISED THEIR RATES AND COMMISSIONER STOREY REITERATED THIS RAISE FROM REND LAKE CONSERVANCY DISTRICT AND REMINDED THE COUNCIL THAT THE CITY OF BENTON DID NOT RAISE THEIR RATES WITH THE LAST RAISE IN RATES FROM THE CONSERVANCY DISTRICT.  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 TABLE ITEM (C) DISCUSSION AND/OR APPROVAL OF LAKE LOT LEASE TRANSFER.  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 HAVE ATTORNEY MALKOVICH PREPARE AN ORDINANCE AMENDING RESOLUTION 2019-18 RESTRICTING FUNDS FOR THE DEBT REDUCTION IN THE WWTP.  PREVIOUSLY $55,000.00 WAS RESTRICTED EVERY MONTH WITH $40,000.00 GOING TO DEBT REDUCTION AND $15,000.00 GOING TOWARDS INFRASTRUCTURE REPAIR.  THIS AMENDMENT WOULD REDUCE THE AMOUNT RESTRICTED EACH MONTH TO $40,000.00 AND THIS WOULD ALL BE USED FOR DEBT REDUCTION/REPAYMENT.  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 #00618 TO KEY FB MCAFOOS FOR 1 WEEK RENTAL OF A BRUSH CUTTER TO TRIM BRUSH AWAY FROM ROADWAYS AND OVERPASSES.  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 #00620 TO ENERGY CULVERT FOR 10 INCH AND 12 INCH TILE IN THE AMOUNT OF $2,100.00.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MESSERSMITH ASKED DAVE HARP OF CHASTAIN AND ASSOCIATES TO UPDATE THE CITY COUNCIL ON THE I57 INTERCHANGE PROJECT.  MR. HARP STATED THAT PRELIMINARY ALTERNATIVES HAD BEEN TURNED INTO IDOT AND THAT SOON AN ANNOUNCEMENT FOR THE FIRST VIRTUAL COMMITTEE ADVISORY MEETING WOULD BE MADE. 

 

COMMISSIONER MESSERSMITH MADE A MOTION TO ALLOW CLOSURE OF EAST WASHINGTON STREET FROM COMMERCIAL TO NORTH MAIN AS WELL AS USE OF THE MUNICIPAL PARKING LOT ON THE NORTH EAST CORNER OF THE SQUARE FOR THE CHAMBER CAR SHOW ON SEPTEMBER 12, 2020.  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 ALLOW A TEMPORARY STRUCTURE TO BE PLACED AT 1205 ELECTION CIRCLE.  COMMISSIONER MESSERSMITH STATED THAT THIS WOULD BE A CARPORT PLACED OVER PREVIOUSLY LAID CONCRETE AND SINCE THE STRUCTURE WOULD BE IN THE CITY’S RIGHT AWAY A DISCUSSION HAD BEEN HELD WITH THE HOME OWNER TO MAKE SURE HE UNDERSTOOD IF THE CITY NEEDED IN THIS AREA, ALL REPAIRS WOULD BE DONE AT THE HOMEOWNER’S EXPENSE.  COMMISSIONER GARAVALIA STATED THAT PROPER CHANNELS HAD NOT BEEN USED TO MAKE THIS REQUEST AND THAT ACCORDING TO ORDINANCE THIS NEEDED TO BE DISCUSSED WITH ZONING BEFORE BEING BROUGHT TO THE CITY COUNCIL.  COMMISSIONER MESSERSMITH MADE A MOTION TO TABLE THIS ITEM.  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 APPROVE PURCHASE ORDER # 00022 TO SIEGALS UNIFORMS FOR 1 CLASS A DRESS UNIFORM FOR JAMES NEFF IN THE AMOUNT OF $386.99.  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 PURCHASE ORDER #00024 TO DINGUS FIRE COMPANY IN THE AMOUNT OF $4,908.99 FOR 1 STAIR-CHAIR WITH TRACK SYSTEM, 1 PORTABLE BATTERY SUCTION UNIT, AND ACCESSORIES FOR THE UNIT.  COMMISSIONER STOREY STATED THAT THIS IS COMPLETELY REIMBURSABLE THROUGH THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH GRANT.  SECOND BY COMMISSIONER PERKINS.  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 PAYING BILLS IN THE AMOUNT OF $512,985.07.  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 PAYROLL FOR 06/26/2020 FOR GENERAL FUND IN THE AMOUNT OF $63,800.64, FOR THE WATER AND SEWER FUND IN THE AMOUNT OF $29,781.31, AND AIRPORT CARETAKER IN THE AMOUNT OF $1,100.00 FOR A TOTAL PAYROLL OF $94,681.95.  COMMISSIONER MESSERSMITH 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 PAYROLL FOR 07/10/2020 FOR GENERAL FUND IN THE AMOUNT OF $57,866.75, WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $29,041.87, AND PAID ON CALL FIREFIGHTERS IN THE AMOUNT OF $6,024.71 FOR A TOTAL PAYROLL OF $92,932.71.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

NO MISCELLANEOUS BUSINESS. 

 

NO OLD BUSINESS. 

 

IN NEW BUSINESS, COMMISSIONER STOREY STATED THAT HE WOULD LIKE TO MAKE A PUBLIC ANNOUNCEMENT REGARDING THE WHEREABOUTS OF HIS HOME AND COMMISSIONER GARAVALIA’S HOME.  HE STATED THAT A QUESTION HAD BEEN RAISED REGARDING WHETHER EITHER PERSON LIVED IN THE CITY LIMITS.  COMMISSIONER STOREY STATED THAT THEY BOTH LIVE WITHIN THE CITY LIMITS OF THE CITY OF BENTON AND THAT HIS ADDRESS IS 14000 TAYLOR STREET. 

 

IN MATTERS FROM THE PUBLIC AUDIENCE, TOM CARTER QUESTIONED THE WATER RATE RAISE.  PUBLIC WORKS DIRECTOR CRAIG MILES STATED THAT EVERY CITIZEN’S BILL WILL GO UP EXACTLY $1.00, STATING THAT IF YOU BILL IN JULY IS $35.00, IN AUGUST, IT WILL BE $36.00.  MR. MILES STATED THIS WILL NOT BE A PERCENTAGE ON EACH GALLON OF WATER USED, BUT A FLAT RATE RAISE.  MR. CARTER ALSO QUESTIONED WHETHER THERE WERE ANY UTILITIES UNDER THE CONCRETE SLAB LOCATED AT ELECTION CIRCLE AND MR. MILES STATED THERE WERE NOT.  FINALLY MR. CARTER ASKED IF THE COUNCIL HAD COME UP WITH A DISASTER PLAN REGARDING AUTHORITY DURING A DISASTER OR PANDEMIC AT THIS TIME AND MAYOR KONDRITZ INFORMED HIM IT WAS STILL BEING WORK ON. 

 

COMMISSIONER STOREY 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 PERKINS.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

TIME 7:02 P.M.

 

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

 

TIME 7:55 P.M.

 

 COMMISSIONER GARAVALIA MADE A MOTION TO CONTINUE NEGOTIATIONS WITH ALL THE BARGAINING UNITS.  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 ADJOURN.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

TIME 8:00 P.M.