City Council Meeting Minutes — March 27, 2023

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY MARCH 27, 2023 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE BENTON CITY HALL LOCATED AT 1403 SOUTH MAIN STREET, BENTON, ILLINOIS.

 

MAYOR KONDRITZ CALLED THE MEETING TO ORDER.  COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM 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 MONDAY, MARCH 13, 2023.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING. 

 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE TRANSFER OF LAKE LOT LEASE #7 FROM RICHARD E. WESTON TO BLAKE HALL.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE REMOVAL OF TREES PURSUANT TO LAKE LOT LEASE, LOTS 1-4, AT LAKE BENTON.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER COCKRUM STATED THAT HE HAD NO DEPARTMENT REPORT FOR THIS MEETING. 

 

COMMISSIONER MESSERSMITH MADE A MOTION TO APPROVE PURCHASE ORDER #00236 TO NU WAY SALES FOR CONCRETE TO BE USED AT THE FIRE DEPARTMENT IN THE AMOUNT OF $12,219.50.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MESSERSMITH MADE A MOTION TO APPROVE PURCHASE ORDER #00235 TO NU WAY SALES FOR STEEL FORMS AND CONCRETE FINISHING PRODUCTS IN THE AMOUNT OF $1,270.40.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MESSERMITH STATED THAT HE HAD NO DEPARTMENT REPORT FOR THIS MEETING. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00101 TO COAL BELT SALES FOR AN 8 X 12-FOOT KENNEL IN THE AMOUNT OF $4,500.00.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00103 TO ROBERT KEY & SON CONSTRUCTION FOR A 9 X 12-FOOT CONCRETE PAD FOR THE K-9 PEN IN THE AMOUNT OF $1,523.00.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00389 TO DIVE RESCUE INTERNATIONAL FOR 6 ICE RESCUE SUITS, WET SHOES, AND GLOVES IN THE AMOUNT OF $6,170.52.  THIS IS TO BE PAID THROUGH THE DONATION FUND.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00388 TO LEO M. ELLEBRACHT FOR 3 SETS OF BUNKER GEAR IN THE AMOUNT OF $9,411.86.  THIS ITEM IS TO BE PAID THROUGH THE CITY SERVICES BUNKER GEAR LINE ITEM.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00078 TO ALADTEC PROFESSIONAL SERVICES FOR AN ANNUAL SUBSCRIPTION AND PAYROLL MODULE IN THE AMOUNT OF $4,500.00.  THIS ITEM IS TO BE PAID FOR THROUGH THE IMPOUND FEE LINE ITEM.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY STATED THAT HE HAD NO DEPARTMENT REPORTS FOR THIS MEETING. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE RESOLUTION #23-09 ADOPTING THE FRANKLIN COUNTY MULTI-HAZARD MITIGATION PLAN.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO TABLE ITEM (D) DISCUSSION AND/OR APPROVAL OF PURCHASING A K9 UNTIL THE NEW COUNCIL HAS BEEN SEATED.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA STATED THAT SHE HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PAYROLL DATED 03/17/2023 FOR THE GENERAL FUND IN THE AMOUNT OF $69,463.78 AND FOR THE WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $26,043.95 FOR A TOTAL PAYROLL OF $95,507.63.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PAYROLL DATED 03/31/2023 FOR THE GENERAL FUND IN THE AMOUNT OF $67,916.58 AND FOR THE WATER AND SEWER FUND IN THE AMOUNT OF $27,693.48 FOR A TOTAL PAYROLL OF $95,610.06.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA ASKED ATTORNEY MALKOVICH TO DISCUSS ITEM (C) DISCUSSION AND/OR APPROVAL OF A SUSPENSION AND DEBARMENT POLICY.  ATTORNEY MALKOVICH STATED THAT THIS IS A POLICY REQUIRED FOR RECEIVING GRANTS WITH THE FEDERAL GOVERNMENT.  ATTORNEY MALKOVICH STATED THAT OUR POLICY HAS BEEN REVIEWED AND APPROVED BY FEMA.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE SUSPENSION AND DEBARMENT POLICY.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE CITY AND FEDERAL PROPERTY AND EQUIPMENT MANAGEMENT POLICY.  ATTORNEY MALKOVICH STATED THAT THIS WILL BE USED IN CONJUNCTION WITH THE SUSPENSION AND DEBARMENT POLICY.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE PAY RESOLUTION FOR NONUNION EMPLOYEES.  THIS WOULD REFLECT A $2,100.00 INCREASE TO THE CURRENT BASE FOR THE WATER CLERK AND A $2,100.00 INCREASE TO THE BASE OF THE POLICE ADMINISTRATIVE ASSISTANT.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

ATTORNEY MALKOVICH STATED THAT HE HAD NO UPDATES. 

 

IN THE PUBLIC AFFAIRS REPORT, MAYOR KONDRITZ STATED THAT HE HAS BEEN WORKING FOR 8 YEARS ON THE DEMOLITION OF THE OLD NEW HOUSE LUMBAR COMPANY.  HE STATED THAT HE IS VERY HAPPY TO ANNOUNCE THE BUILDING IS COMING DOWN AND A NEW BUSINESS WILL BE MOVING IN.  MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO THANK ATTORNEY TOM MALKOVICH FOR ALL HIS HARD WORK ON THIS PROJECT AS WELL AS DAVID GARAVALIA AND BRIAN CALCATERRA. 

 

MAYOR KONDRITZ STATED THAT HE HAS NO PURCHASE ORDERS FOR THIS MEETING. 

 

NO MISCELLANEOUS BUSINESS.

 

NO OLD BUSINESS. 

 

NO NEW BUSINESS. 

 

IN MATTERS FROM THE PUBLIC AUDIENCE, CHRISTEN DREW STATED THAT SHE IS NOT IN ATTENDANCE TO ATTACK ANYONE PERSONALLY, BUT SHE BELIEVES THAT WHEN THE COUNCIL VOTED TO REMOVE PARKING FOR A BIKE LANE, IT WAS THE WRONG CHOICE.  MRS. DREW STATED THAT SHE DID NOT APPRECIATE THE SIGNS THAT WERE PLACED REGARDING PARKING AS WELL.  MRS. DREW STATED THAT  SHE PERSONALLY HAS INVESTED $100’S OF THOUSANDS OF DOLLARS INTO THE PUBLIC SQUARE AND HAS CREATED 20 JOBS.  MRS. DREW STATED THAT SHE HAS BEEN DOING SOME RESEARCH AND THE BUILDING THAT HOUSES CAFÉ BLOOM HAS RECEIVED DELIVERIES OFF OF EAST MAIN FOR OVER 100 YEARS AND SAFETY HAS NOT BEEN AN ISSUE THROUGH ANY OF THIS.  SHE STATED THAT HER BUSINESS CREATES 9 BAGS OF GARBAGE A DAY SINCE 2020 AND THAT THOSE BAGS EXIT HER BUILDING ON EAST MAIN.  SHE ALSO STATED THAT IN THE LAST YEAR SHE HAS PURCHASED $30,000.00 WORTH OF GROCERIES FROM BENTON GROCERS THAT ENTER HER BUILDING THROUGH EAST MAIN.  MRS. DREW STATED THAT SHE DOES APPRECIATE PUBLIC WORKS DIRECTOR CRAIG MILES COMING TO SPEAK TO HER, BUT FEELS THAT THE VOTE TO REMOVE PARKING WAS NOT A VOTE FOR GROWTH AND SHOWS NO LONG-TERM PLAN OR DREAM.  MRS. DREW STATED THAT IN 2021 THE PARKING ON SOUTH MAIN WAS REMOVED, IN 2022 THE REBUILDING OF THE COURTHOUSE TOOK ANOTHER 20 SPOTS, AND NOW IN 2023 THE PARKING ON EAST MAIN IS SET TO BE REMOVED.  MRS. DREW STATED THAT BUSINESS NEED MORE PARKING SPOTS.  EACH LOST PARKING SPOT IS A LOST CUSTOMER AND THAT LOSING 2-3 CUSTOMERS A DAY EQUATES TO $9,000.00 TO $10,000.00 PER YEAR FOR HER BUSINESS. 

 

MRS. DREW STATED THAT SHE HAS SPOKEN WITH IDOT AND APPARENTLY THE BIKE LANE IS NOT “A DONE DEAL”.  MRS. DREW STATED THAT IDOT TOLD HER THEY APPROACHED THE CITY AND THE CITY RESPONDED FAVORABLY TO REMOVING THESE SPOTS FOR A BIKE LANE.  MRS. DREW ASKED THE COUNCIL TO PLEASE STAND UP TO IDOT AND TRY TO SAVE THESE SPOTS.  MRS. DREW ALSO STATED THAT IF THE SPOTS CANNOT BE SAVED, THE CITY SHOULD “THINK BIG” AND MAYBE CONSIDER A PARKING GARAGE. 

 

COMMISSIONER STOREY STATED THAT HE WOULD LIKE TO PERSONALLY THANK MRS. DREW FOR WHAT SHE HAS DONE ON THE PUBLIC SQUARE.  MAYOR KONDRITZ ASKED WHO PUT THE SIGNS UP AND WHAT THE SIGNS SAID.  MRS. DREW STATED THAT THE CITY PUT THE SIGNS UP AND THEY SAID “NO PARKING ON SIDEWALK, PARKWAY, OR THIS BLOCK”.  MAYOR KONDRITZ STATED THAT HE CANNOT REMEMBER A TIME WHEN THERE WAS NOT A LOADING ZONE OUTSIDE OF THIS BUILDING AND THAT HE WANTED TO GO ON RECORD THAT HE IS AN ADVOCATE FOR LOADING ZONES.  MAYOR KONDRITZ STATED THAT THE APRON ON ROUTE 37 WAS PUT IN FOR A BIKE LANE.  MAYOR KONDRITZ ALSO STATED THAT HE IT WOULD BE FELONIOUS TO SAY THAT IDOT ISN’T BROKEN. 

 

  1. JAKE BETTS SPOKE TO THE COUNCIL MR. BETTS STATED THAT WHEN HE BEGAN WORKING WITH JOE’S PIZZA, THERE WERE 3 STORES. HE STATED THAT THERE ARE NOW 21 RESTAURANTS AND HE HAS OPENED 17 OF THE 18 RESTAURANTS. MR. BETTS STATED THAT HE BEGAN HIS EMPLOYMENT WITH THE COMPANY AS A PARKING SPOT SURVEYOR.  HE STATED RULE OF THUMB IS TO HAVE 4 PARKING SPOTS FOR EVERY 1,000 SQUARE FOOT.  MRS. BETTS STATED THAT HIS BUSINESS HAS THE OPPORTUNITY TO PARK IN THE MUNICIPAL PARKING LOT ON THE NORTHEAST SIDE OF THE SQUARE, BUT HE THINKS THAT NOT HAVING PARKING ON EAST MAIN WILL HURT THE OTHER BUSINESSES.  MR. BETTS ALSO STATED THAT HE WOULD LIKE AN UPDATE ON THE PUSH TAX WHEN AVAILABLE. 

 

  1. TOM CARTER ASKED COMMISSIONER MESSERSMITH IF HE HAS LOOKED INTO THE WATERWAYS LEAVING THE CITY AS DISCUSSED IN THE LAST COUNCIL MEETING. COMMISSIONER MESSERSMITH STATED THAT HE IS WORKING ON THESE ISSUES. MR. CARTER ALSO STATED THAT HE WOULD LIKE THE COUNCIL TO VOICE THEIR DISPLEASURE ON SPENDING FROM THE COUNTY ON MORE THAN WHAT THE VOTERS VOTED ON WITH A PROPOSITION IN THE LAST ELECTION.  MR. CARTER HANDED A COPY OF THE PROPOSITION TO THE COUNCIL.  THE PROPOSITION WAS TO IMPOSE AN INCREASE OF LOCAL SALES TAX FOR RENOVATIONS TO THE CAMPBELL BUILDING TO ACCOMMODATE THE OFFICES OF THE FRANKLIN COUNTY CLERK AND TREASURER.  THIS PROPOSITION PASSED AND MR. CARTER STATES THAT THE COUNTY IS USING THE MONEY FOR OTHER THINGS AS WELL.  ATTORNEY MALKOVICH SUGGESTED THAT THE COUNCIL NOT TAKE ANY ACTION DURING PUBLIC COMMENT.  MR. CARTER ASKED THE MAYOR TO BE PROACTIVE WITH THIS ISSUE. 

 

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

 

5:45 P.M.