City Council Meeting Minutes — August 24, 2020

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY AUGUST 24, 2020 AT 6:00 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 1403 SOUTH MAIN STREET BENTON, ILLINOIS.  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.

 

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

 

COMMISSIONER GARAVALIA MADE A MOTION TO WAIVE READING AND APPROVE THE MINUTES OF THE AUGUST 10, 2020 CITY COUNCIL MEETING AS PRESENTED.  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 WAIVE THE READING AND APPROVE THE MINUTES OF THE CONTINUED MEETING HELD ON AUGUST 14, 2020.  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 HE WOULD BE GOING OUT OF ORDER OF THE AGENDA. 

 

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO THANK THE GARDEN CLUBS IN BENTON FOR ALL THE HARD WORK THEY DO.  HE STATED THAT THE GARDEN GATE CLUB HAD RECENTLY RECEIVED AN AWARD THROUGH THE STATE FOR THE WORK THEIR CLUB HAS DONE. 

 

MAYOR KONDRITZ ASKED ZONING ADMINISTRATOR/CODE ENFORCEMENT OFFICER DAVID GARAVALIA TO SPEAK TO THE COUNCIL REGARDING ITEM (D) DISCUSSION AND/OR APPROVAL OF MOTSINGER APPEAL.  MR. GARAVALIA STATED THAT DAMON MOTSINGER HAD BEGUN BUILDING A BILLBOARD ON BAILEY LANE.  ACCORDING TO MR. GARAVALIA, MR. MOTSINGER THEN PRESENTED THIS PROJECT TO THE BENTON ZONING BOARD FOR APPROVAL.  IT WAS THE RECOMMENDATION OF THE ZONING BOARD TO NOT ALLOW THE PROJECT TO PROCEED.  MR. MOTSINGER STATED THAT THE CITY DID NOT HAVE AN ORDINANCE FOR AN OFF PREMISE SIGN AND THEREFORE HE DID NOT UNDERSTAND THE RECOMMENDATION FROM THE ZONING BOARD.  MR. MOTSINGER ALSO STATED THAT THE ORDINANCE STATES THE SIGN MUST NOT EXCEED 100 SQUARE FOOT AND EVEN THOUGH HIS SIGN IS 192 SQUARE FOOT, HIS MESSAGE CAN FIT IN 100 SQUARE FEET SO HE BELIEVES THE SIGN SHOULD BE ALLOWED.  ATTORNEY MALKOVICH EXPLAINED THAT THE RECOMMENDATION TO NOT ALLOW THE BILLBOARD WAS GIVEN BECAUSE THE ORDINANCE STATES THAT THE SIGN MUST NOT EXCEED 100 SQUARE FEET, NOT THAT THE MESSAGE COULD FIT IN 100 SQUARE FEET.  COMMISSIONER GARAVALIA MADE A MOTION TO DENY THE MOTSINGER APPEAL AT THE RECOMMENDATION OF THE ZONING BOARD.  SECOND BY COMMISSIONER MESSERSMITH.   VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MESSERSMITH PRESENTED A BID FROM SAMRON MIDWEST CONTRACTING INC. FOR COMPLETION OF THE EAST MAIN PARKING LOT.  COMMISSIONER MESSERSMITH STATED THAT THIS WAS THE ONLY BID THAT WAS RECEIVED AND THE BID AMOUNT WAS $44,444.44,  COMMISSIONER MESSERSMITH MADE A MOTION TO ACCEPT THE BID FOR THE EAST MAIN PARKING LOT FROM SAMRON MIDWEST CONTRACTING, INC. IN THE AMOUNT OF $44,444.44.  SECOND BY COMMISSIONER GARAVALIA WHO STATED THAT THIS WOULD BE PAID FOR WITH TIF FUNDS.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ ASKED FOR AN UPDATE ON THE COVID-19 PLANS AND PRECAUTIONS.  COMMISSIONER MESSERSMITH STATED THAT HE AND COMMISSIONER GARAVALIA HAVE A LOT OF RESEARCH AND ARE IN THE PROCESS OF FINALIZING THEIR RECOMMENDATIONS.  HE STATED THAT WHEN FINALIZED, HE WOULD BRING THE RECOMMENDATIONS TO THE COUNCIL. 

 

MAYOR KONDRITZ ASKED ATTORNEY MALKOVICH FOR AN UPDATE ON THE NEGOTIATIONS WITH THE BARGAINING UNITS.  ATTORNEY MALKOVICH STATED THAT THE POLICE DEPARTMENT AND FIRE DEPARTMENT CONTRACT NEGOTIATIONS ARE DONE FOR THIS YEAR.  ATTORNEY MALKOVICH STATED THAT A PROPOSAL HAS BEEN SENT TO THE UNION FOR THE WATER, SEWER, AND STREET DEPARTMENTS AND HE IS AWAITING A RESPONSE AT THIS TIME. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PAYROLL DATED 08/21/2020 FOR THE GENERAL FUND IN THE AMOUNT OF $61,893.41, WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $28,517.80, AND AIRPORT CARETAKER IN THE AMOUNT OF $1,100.00 FOR A TOTAL PAYROLL OF $91,511.21.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER GARAVALIA SPOKE TO THE COUNCIL REGARDING THE IMPORTANCE OF EVERYONE COMPLETING THE 2020 CENSUS.  COMMISSIONER GARAVALIA STATED THAT CITIZENS WILL BE ABLE TO COME TO THE CHAMBER CAR SHOW ON SEPTEMBER 12, 2020 TO GET HELP FILLING OUT THEIR CENSUS FORMS.  SHE ALSO STATED THAT SHE WOULD LIKE TO THANK KEVIN EDWARDS OF EDWARDS ANTIQUES FOR ALLOWING HER TO HANG A CENSUS 2020 BANNER FROM HIS BALCONY ON THE SQUARE.                

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00025 TO MABAS DIVISION #68 FOR ANNUAL DUES IN THE AMOUNT OF $496.00.  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 #00027 TO AMERICAN TEST CENTER FOR ANNUAL LADDER TESTING IN THE AMOUNT OF $1,072.00.  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 PURCHASE #00026 TO AMAZON SERVICES FOR A REPLACEMENT OF A PRINTER/FAX MACHINE FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $269.89.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER STOREY STATED THAT HE WOULD LIKE TO NOT ALLOW VENDORS/SOLICITORS TO STAND ON THE SQUARE OR SET UP FOOD TRUCKS AND SUCH ON THE SQUARE WHILE THE DEMOLITION/CONSTRUCTION OF THE NEW COURTHOUSE IS HAPPENING.  COMMISSIONER STOREY STATED THAT HE HAD SPOKEN WITH POLICE CHIEF MIKE ANDREWS AND THEY FELT THAT IF SOLICITORS WOULD LIKE TO STAND ONE BLOCK OF THE PUBLIC SQUARE, THAT THIS WOULD BE ACCEPTABLE.  COMMISSIONER STOREY MADE THIS INTO A MOTION.  SECOND BY COMMISSIONER PERKINS.  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 #00631 TO CHASTAIN AND ASSOCIATES FOR INVOICE #11 IN THE AMOUNT OF $17,341.30.  SECOND BY COMMISSIONER STOREY.  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 2020 MFT ROCK BID PROPOSAL.  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 THE LOW BID OF $227,779.25 FROM B.C. CONTRACTING FOR THE SIDEWALK PROJECT.  OTHER BIDS RECEIVED WERE FROM SAMRON MIDWEST CONTRACTING IN THE AMOUNT OF $253,942.00 AND WIGGS EXCAVATING IN THE AMOUNT OF $255,907.50.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER PERKINS, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER PERKINS STATED HE HAD NOTHING FOR THE MEETING. 

 

NO MISCELLANEOUS BUSINESS. 

 

NO OLD BUSINESS. 

 

NO NEW BUSINESS. 

 

IN MATTERS FROM THE PUBLIC AUDIENCE, TOM CARTER STATED THAT HE WOULD LIKE TO COMMEND PUBLIC WORKS DIRECTOR CRAIG MILES FOR THE LIFT STATIONS AROUND TOWN.  RUSSEL BALLARD ASKED THE COUNCIL WHO WAS WRITING GRANTS FOR THE CITY AND STATED THAT THERE WERE A LOT OF GRANTS AVAILABLE AT THIS TIME THAT HE BELIEVES THE CITY SHOULD BE SEEKING.  MR. BALLARD QUESTIONED IF THE MAYOR HAD OWNERSHIP IN EASTSIDE LIQUORS AND WHETHER IT WAS ZONED APPROPRIATELY OR PASSED THROUGH ILLEGALLY.  MAYOR KONDRITZ TOLD MR. BALLARD HE WAS OFFENDED BY THIS REMARK AND STATED HE HAS NO OWNERSHIP IN THIS BUSINESS WHATSOEVER.  MR. BALLARD STATED THAT THERE WERE 175 PEOPLE READY TO SIGN A PETITION TO GET RID OF THIS BUSINESS AND THAT THE COUNCIL SHOULD BE SEEKING “THE RIGHT KIND OF BUSINESSES” INSTEAD OF ESTABLISHMENTS THAT SELL ALCOHOL.  MR. BALLARD STATED THAT IN HIS NEIGHBORHOOD THERE ARE MANY RABBITS, SKUNKS, RACCOONS, AND INOPERABLE VEHICLES THAT NEED TO BE TAKEN CARE OF.  MR. BALLARD ALSO STATED THAT THERE IS A LOT OF MOWING THAT NEEDS TO BE DONE IN HIS NEIGHBORHOOD. 

 

COMMISSIONER MESSERSMITH MADE 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. 

 

7:05 P.M.