Council Meeting Minutes — December 14, 2020

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY DECEMBER 14, 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 FOR ROLL CALL. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF NOVEMBER 23, 2020.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT HE HAD RECEIVED A LETTER FROM MR. BOB REA THANKING THE COUNCIL FOR THE WORK THAT IS BEING DONE ON THE HISTORIC JAIL MUSEUM AND FORD GARAGE. 

 

MAYOR KONDRITZ ASKED FOR A MOTION TO TABLE ITEM (C) DISCUSSION AND/OR APPROVAL OF CONTINUING UNION NEGOTIATIONS.  COMMISSIONER GARAVALIA MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (D) DISCUSSION AND/OR APPROVAL OF INDUSTRIAL TIF PAYOUT/INTERPLEADER COURT ACTION.  ATTORNEY MALKOVICH STATED THAT A PIECE OF PROPERTY IN THE INDUSTRIAL TIF HAS BEEN SOLD AND THAT IT IS UNCLEAR WHO SHOULD BE RECEIVING THE TIF PAYOUTS.  ATTORNEY MALKOVICH STATED THAT IT WAS HIS RECOMMENDATION TO ALLOW THIS TO BE DECIDED THROUGH INTERPLEADER COURT ACTION.  COMMISSIONER GARAVALIA MADE A MOTION TO ALLOW INTERPLEADER COURT ACTION TO DECIDE TIF PAYOUT FOR SECURE LOCK AND STORAGE IN THE INDUSTRIAL TIF.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRTIZ STATED THAT THE CITY OF BENTON HAD RECEIVE AN APPLICATION FOR THE FAÇADE IMPROVEMENT GRANT FROM STUDIO 213 OWNED BY SHANNON AND JOHN ZINZILLIETA.  THE APPLICATION STATED THAT A NEW WHEELCHAIR ACCESSIBLE ENTRY WOULD BE PLACED AT THE BUSINESS AND THE COST WOULD BE $16,000.00.  THE FAÇADE IMPROVEMENT PROJECT WILL REIMBURSE 50% OF THE COSTS FOR IMPROVEMENT UP TO $10,000.00, WITH MAXIMUM REIMBURSEMENT BEING $5,000.00.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS FAÇADE IMPROVEMENT GRANT APPLICATION FOR STUDIO 213 IN THE REIMBURSEMENT AMOUNT OF $5,000.00.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRTIZ STATED THAT HE NEEDED A MOTION APPROVING AN AMENDMENT TO THE GRANT AGREEMENT FOR PROJECT H96-4656 FOR THE BENTON MUNICIPAL AIRPORT EXTENDING THE TERM OF THIS GRANT TO JUNE 15, 2025.  COMMISSIONER STOREY MADE THIS MOTION.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRTIZ ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (G) DISCUSSION AND/OR APPROVAL OF AMENDING TIME OF DECEMBER 29, 2020 COUNCIL MEETING.  ATTORNEY MALKOVICH STATED THAT IN THE PAST THE COUNCIL HAD CHOSEN TO AMEND THE TIME OF THE MEETING AFTER THE HOLIDAY.  THE COUNCIL DECIDED THIS WAS NOT NECESSARY AND THEREFORE NO ACTION WAS TAKEN ON THIS ITEM. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00093 TO KIESLER POLICE SUPPLY FOR AMMO IN THE AMOUNT OF $801.80.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00035 TO CORO MEDICAL FOR FOUR REPLACEMENT AED’S FOR ENGINE #803, #805, AND #807 IN THE AMOUNT OF $2,576.00.  COMMISSIONER STOREY STATED THAT THE EXISTING AED’S WENT OBSOLETE DUE TO NEW FDA GUIDELINES FOR 2021.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE ALLOWING ATTORNEY MALKOVICH, COMMISSIONER GARAVALIA, AND FIRE CHIEF SHANE COCKRUM TO BEGIN RESEARCHING ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT PROVIDING FIRE AND EMS PROJECTION FOR BROWNING TOWNSHIP.  COMMISSIONER MESSERSMITH QUESTIONED AS TO WHY EVERY COMMISSIONER EXCEPT FOR HIM WAS SPOKEN TO ABOUT WHAT ALL THIS ENTAILS.  COMMISSIONER STOREY STATED THAT IF COMMISSIONER MESSERSMITH HAD QUESTIONS, HE KNEW HOW TO GET A HOLD OF COMMISSIONER STOREY OR CHIEF COCKRUM.  COMMISSIONER MESSERSMITH STATED THAT CHIEF COCKRUM SHOULD HAVE CALLED HIM AND DISCUSSED THE ITEM WITH HIM PERSONALLY, JUST AS HE DID WITH THE REST OF THE COMMISSIONERS.  COMMISSIONER GARAVALIA THEN SECONDED THE MOTION ON THE TABLE BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  3. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  1.  COMMISSIONER MESSERSMITH.  COMMISSIONER PERKINS ABSTAINED.

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE MONTHLY BILLS IN THE AMOUNT OF $352,347.35.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPR5OVE PAYROLL FOR 11/25/2020 FOR THE GENERAL FUND IN THE AMOUNT OF $68,435.48, FOR THE WATER AND SEWER FUND IN THE AMOUNT OF $26,256.52, AND FOR PAID ON CALL FIRE FIGHTERS IN THE AMOUNT OF $5,804.06 FOR A TOTAL PAYROLL OF $100,496.06.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPR5OVE PAYROLL FOR 12/11/2020 FOR THE GENERAL FUND IN THE AMOUNT OF $69,576.59 AND FOR THE WATER AND SEWER FUND IN THE AMOUNT OF $26,065.60 FOR A TOTAL PAYROLL OF $95,642.19.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER GARAVALIA MADE A MOTION TO MOVE FORWARD WITH THE INSTALLATION OF A SELF-SERVE CARD READER FOR FUEL AT THE BENTON MUNICIPAL AIRPORT WITH DIRECT DEPOSIT OF FUNDS AND PASSING ON THE FEES FROM THE CREDIT CARD COMPANY TO THE CUSTOMER.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE ORDINANCE #2020-14 FOR THE ANNUAL TAX LEVY.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER MESSERSMITH MADE A MOTION TO APPROVE THE 2021 MFT PROGRAM IN THE AMOUNT OF $435,000.00.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER MESSERSMITH MADE A MOTION TO APPROVE PARTIAL PAY ESTIMATE #1 TO SAMRON MIDWEST FOR THE EAST MAIN PARKING LOT IN THE AMOUNT OF $42,222.22.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER MESSERSMITH MADE A MOTION TO APPROVE PARTIAL PAY ESTIMATE #3 TO B.C. CONTRACTING IN THE AMOUNT OF $40,605.18 FOR THE SIDEWALK REPLACEMENT PROJECT.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER PERKINS MADE A MOTION TO APPROVE LAKE LOT LEASE TRANSFER OF LOTS 34 AND 35 FROM MARTHA CARLTON TO RACHEAL AND MARTIN KATHALYNAS, II.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0.

 

IN MISCELLANEOUS BUSINESS, MAYOR KONDRITZ THANKED AIRPORT MANAGER MATTHEW HARRISON FOR SUBMITTING MINUTES TO THE COUNCIL FOR INSPECTION AS WELL AS ALL THE WORK HE HAS DONE AT THE AIRPORT. 

 

UNDER OLD BUSINESS, COMMISSIONER GARAVALIA STATED THAT SHE WOULD LIKE TO REMIND COMMISSIONERS THAT THEIR DEPARTMENTS NEED TO BE TURNING RECEIPTS AND BILLS IN TO CITY CLERK BROOK CRAIG FOR PAYMENT.  SHE STATED THAT IF THE BILLS ARE NOT TURNED IN TO HER IN PROPER FASHION, THE CLERK CANNOT COMPLETE HER JOB. 

 

IN NEW BUSINESS, COMMISSIONER STOREY STATED THAT HE BELIEVES AN AUDIT NEEDS TO BE COMPLETED OF EQUIPMENT IN EACH DEPARTMENT AS HE HAS BEEN TOLD WE ARE PURCHASING CERTAIN ITEMS SEVERAL TIMES BECAUSE ITEMS SEEM TO BE DISAPPEARING. 

 

NO MATTERS FROM THE PUBLIC AUDIENCE.

 

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

 

6:45 P.M.