MINUTES OF THE CITY COUNCIL MEETING MAY 8, 2023

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY MAY 8, 2023 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE BENTON CITY HALL LOCATED AT 1403 SOUTH MAIN STREET, BENTON, ILLINOIS.

 

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

 

COMMISSIONER KAYS ASKED FOR A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MONDAY, APRIL 27, 2023.  THIS MOTION WAS MADE BY COMMISSIONER COCKRUM.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER KAYS ASKED FOR A MOTION TO APPROVE THE MINUTES OF THE ORGANIZATIONAL MEETING HELD ON MONDAY, MAY 1, 2023.  COMMISSIONER GARAVALIA MADE THIS MOTION.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

MAYOR MESSERSMITH INVITED POLICE OFFICER MATTHEW PEMBERTON TO COME BEFORE THE COUNCIL.  MAYOR MESSERSMITH SWORN IN OFFICER PEMBERTON AS A BENTON POLICE DEPARTMENT OFFICER. 

 

COMMISSIONER STOREY STATED THAT HE HAD NO PURCHASE ORDERS FOR REVIEW IN THE PUBLIC PROPERTY REPORT. 

 

COMMISSIONER STOREY PRESENTED A LAKE LOT TRANSFER FOR LAKE LOTS 33 AND 34 FROM MARTHA CARLTON TO LINDA FREY.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS TRANSFER.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER STOREY PRESENTED A LAKE LOT TRANSFER FOR LAKE LOT 132 FROM ROBIN AND DEBBIE YUCAS TO DEEDRA MCLAIN.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS TRANSFER.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER STOREY PRESENTED ITEM (C) UNDER PUBLIC PROPERTY REPORT, DISCUSSION AND/OR APPROVE OF PRICE INCREASE FROM KEENER’S KLEANERS.  COMMISSIONER STOREY MADE A MOTION TO BID CLEANING SERVICES FOR THE CITY.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING.  COMMISSIONER COCKRUM STATED THAT HE WOULD LIKE TO THANK THE STREET DEPARTMENT FOR ALL THEY DID TO HELP WITH THE REND LAKE WATER FESTIVAL PARADE ON SATURDAY, MAY 6, 2023. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00104 TO DATA PILOT FOR ONE CAPTURE KIT AND ONE RENEWAL LICENSE IN THE AMOUNT OF $1,095.00 FOR THE POLICE DEPARTMENT.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO DIRECT THE MERIT BOARD TO BEGIN THE PROCESS FOR A LATERAL HIRE IN THE POLICE DEPARTMENT.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

MAYOR MESSERSMITH THANKED COMMISSIONER STOREY FOR ALL THE HARD WORK HE PUT IN ON MAKING THIS LATERAL HIRE HAPPEN. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO TABLE ITEM (C) DISCUSSION AND/OR APPROVAL OF UPDATE ON DISPATCH AGREEMENT UNTIL FURTHER DISCUSSION CAN BE HELD REGARDING THIS TOPIC.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO TABLE ITEM (D) DISCUSSION AND/OR APPROVAL OF NEW APPOINTMENT TO THE CENTRAL DISPATCH BOARD UNTIL FURTHER DISCUSSION CAN BE HELD ON THIS TOPIC.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER KAYS STATED THAT HE HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING AND WOULD NEED TO CONTINUE THE MEETING FOR PAYMENT OF BILLS.  

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR THE GENERAL FUND IN THE AMOUNT OF $92,536.70 AND WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $29,851.08 FOR A TOTAL PAYROLL OF $122,387.78.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE ACTUARIAL REPORT AGREEMENT WITH LAUTERBACH AND AMEN FOR THE PENSION FUNDS.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

ATTORNEY MALKOVICH STATED THAT HE HAD NO UPDATES. 

 

IN THE PUBLIC AFFAIRS REPORT, MAYOR MESSERSMITH STATED THAT THERE HAD BEEN A LOT GOING ON IN TOWN OVER THE PAST WEEK WITH THE REND LAKE WATER FESTIVAL.  MAYOR MESSERSMITH STATED THAT EVERYTHING WAS A SUCCESS AND HE BELIEVES IT WAS ONE OF THE BEST REND LAKE WATER FESTIVALS IN YEARS. 

 

MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS. 

 

MAYOR MESSERSMITH ADDRESSED ITEM (C) DISCUSSION AND/OR APPROVAL OF NAMING A BUDGET OFFICER.  MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO BE NAMED AS BUDGET OFFICER AT THIS TIME AND WOULD NEED A MOTION FOR THIS.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

MAYOR MESSERSMITH ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (E) DISCUSSION AND/OR APPROVAL OF AMENDING CHAPTER ONE – ADMINISTRATION OF THE REVISED CODE OF ORDINANCES.  ATTORNEY MALKOVICH STATED THAT THERE WOULD BE SOME RESTRUCTURING OF DUTIES AND DEPARTMENTS TO BE AMENDED IN THIS CHAPTER.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO REAPPOINT LISA MENO TO THE POLICE PENSION BOARD.  COMMISSIONER KAYS MADE A MOTION TO REAPPOINT LISA MENO TO THE POLICE PENSION BOARD.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEM (G) DISCUSSION AND/OR APPROVAL OF SPECIAL USE PERMIT APPLICATION BY SUSAN SMOTHERS TO OWN AND OCCUPY A DOUBLE WIDE MOBILE HOME AT 113 VIRGINIA.  MR. CALCATERRA STATED THAT THE ZONING BOARD HAD APPROVED THIS SPECIAL USE PERMIT.  MR. CALCATERRA STATED THAT THERE WERE SOME ISSUES WITH GETTING WATER TO THE PROPERTY.  MR. CALCATERRA STATED THAT HE WOULD RECOMMEND APPROVING THIS SPECIAL USE PERMIT AS LONG AS EASEMENTS WERE OBTAINED FOR THE WATER LINE TO BE RAN TO THE PROPERTY.  MS. SMOTHERS STATED THAT SHE HAS BEEN WORKING WITH THE WATER DEPARTMENT TO TRY AND GET THE WATER SITUATION RESOLVED.  MS. SMOTHERS STATED THAT SHE WAS UNDER THE IMPRESSION THAT THERE WAS NO WATER CURRENTLY PROVIDED TO HER PURCHASED LAND AND SO WHEN WORK WAS BEING DONE AND A WATER LINE WAS HIT, SHE WAS SURPRISED, MS. SMOTHERS STATED THAT THE WATER LEAKED OVERNIGHT AND HALF OF THE NEXT DAY BEFORE IT WAS DISCOVERED CREATING A 17,000-GALLON LEAK.  MS. SMOTHERS ASKED IF THE METER COULD BE MOVED 150 FEET AND PLACED ON HER PROPERTY.  PUBLIC WORKS DIRECTOR CRAIG MILES STATED THAT THE METER COULD NOT BE MOVED DUE TO THE WATER LINE STOPPING AT THE PLACE THE METER IS CURRENTLY AT.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO PRESENT TIME (H) DISCUSSION AND/OR APPROVAL OF RATE SELECTION FOR THE WASTEWATER TREATMENT PLANT SOLAR PROJECT WITH KEYSTONE POWER HOLDINGS, LLC.  MR. CALCATERRA STATED THAT THE COUNCIL WOULD FIND RATES IN THEIR PACKET THAT HE HAD PREPARED.  MR. CALCATERRA STATED THAT IF THE COUNCIL CHOSE THE FLAT RATE, NO SAVINGS WOULD BE SEEN FOR SEVERAL YEARS; HOWEVER, OVER A 30-YEAR PERIOD THE SAVINGS WOULD BE A TOTAL OF $901,382.00.  MR. CALCATERRA STATED THAT IF THE COUNCIL CHOSE THE ESCALATOR, SAVINGS WOULD START IMMEDIATELY; HOWEVER, AFTER 30 YEARS THE TOTAL SAVINGS WOULD BE $776,673.00.  MR. CALCATERRA ALSO STATED THAT HE HAD DISCUSSED THIS WITH CITY TREASURER LISA MENO.  MRS. MENO BELIEVES THAT THE ESCALATOR IS THE RATE THE COUNCIL SHOULD CHOOSE AS THE IMMEDIATE SAVINGS WOULD HELP THE SEWER DEPARTMENT.  COMMISSIONER COCKRUM MADE A MOTION TO ACCEPT THE ESCALATOR RATE.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.   YEAS:  4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  1.  COMMISSIONER STOREY. 

 

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEM (I) DISCUSSION AND/OR APPROVAL OF HIRING CODY WILLIFORD AS CODE ENFORCEMENT ADMINISTRATOR FOR THE CITY OF BENTON.  MR. CALCATERRA STATED THAT THIS JOB WAS ADVERTISED ON INDEED AND THE CITY RECEIVED 30 APPLICATIONS.  MR. CALCATERRA STATED THAT FOUR APPLICANTS WERE CHOSEN TO BE INTERVIEWED BY A PANEL.  MR. WILLIFORD WAS CHOSEN BY THE PANEL FOR THE CODE ENFORCEMENT ADMINISTRATOR JOB FOR A PAY OF $18.00 PER HOUR WORKING 16 HOURS A WEEK.  ATTORNEY MALKOVICH STATED THAT THERE WOULD BE NO BENEFITS NOT REQUIRED BY LAW FOR THIS POSITION.  COMMISSIONER STOREY ASKED MR. WILLIFORD TO TELL THE COUNCIL A BIT ABOUT HIMSELF.  MR. WILLIFORD STATED THAT HE HAD PREVIOUSLY WORKED FOR THE RAILROAD AND HAD ALSO OWNED A RESTAURANT IN THE PAST.  MR. WILLIFORD STATED THAT HE HAD NOT EVER DONE WORK LIKE THIS JOB, BUT FELT HE WOULD BE GOOD AT TIT.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE HIRING OF CODY WILLIFORD FOR THE POSITION OF CODE ENFORCEMENT ADMINISTRATOR WITH THE CITY OF BENTON.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

NO MISCELLANEOUS BUSINESS.

 

NO OLD BUSINESS. 

 

NO NEW BUSINESS. 

 

IN MATTERS FROM THE PUBLIC AUDIENCE, TOM CARTER ASKED WHAT THE AMENDMENTS TO CHAPTER 1 WOULD BE AND IF THE CITIZENS WOULD BE ABLE TO REVIEW THE AMENDMENTS BEFORE BEING APPROVED BY THE COUNCIL.  ATTORNEY MALKOVICH STATED THAT THE COUNCIL WOULD BE ABLE TO REVIEW THE AMENDMENTS, BUT NOT THE PUBLIC.  ATTORNEY ALSO STATED THAT AFTER THE AMENDMENTS WERE APPROVED, THE PUBLIC WOULD THEN BE ALLOWED TO VIEW THEM.  MR. CARTER ASKED IF MS. SMOTHERS WOULD BE ALLOWED TO GET AN ADJUSTMENT TO HER ACCOUNT SINCE THE LEAK DID NOT GET CAUGHT BY THE SYSTEM IN THE WATER DEPARTMENT.  MR. CARTER STATED THAT LEAK DETECTION WAS SUPPOSED TO BE EASIER WITH THIS NEW SYSTEM AND SINCE THE SYSTEM WAS NOT WORKING, HE FELT THAT MS. SMOTHERS SHOULD BE GIVEN AN ADJUSTMENT.  MR. CARTER ALSO STATED THAT HE BELIEVES THAT IF THE CITY HAD NOT PURCHASED THE WATER METER READING SYSTEM THAT IT DID, SOLAR COULD HAVE BEEN DONE BY THE CITY AND THE CITY WOULD BE MAKING A PROFIT OFF OF THE EXTRA ENERGY PRODUCED.  MR. CARTER ALSO ASKED HOW MANY APPLICANTS WERE FROM THE CITY OF BENTON FOR THE POSITION OF CODE ENFORCEMENT.  MAYOR MESSERSMITH STATED THAT HE AND MR. CARTER COULD MEET AT CITY HALL OR THE BUZZ AT SOME POINT TO DISCUSS THIS POSITION FURTHER.

 

ROCKY MORRIS ASKED IF THE CITY OF BENTON WOULD BE SELLING ANY EXTRA ENERGY PRODUCED BY THE SOLAR PANELS.  BRIAN CALCATERRA ANSWERED BY SAYING THAT THE CITY DOES NOT GET ANY PROFIT FROM THIS SYSTEM, THE CITY WILL JUST BE ABLE TO PURCHASE ELECTRICITY AT A DISCOUNTED RATE.  MR. MORRIS ASKED MR. WILLIFORD HOW LONG HE HAD BEEN ON WORKER’S COMP.  MR. WILLIFORD STATED THAT HE HAS NEVER BEEN ON WORKER’S COMP.  MR. MORRIS ALSO ASKED THE COUNCIL WHO SAT ON THE COMMITTEE FOR HIRING OF THIS CODE ENFORCEMENT POSITION.  MAYOR MESSERSMITH STATED THAT THE COMMITTEE CONSISTED OF BRIAN CALCATERRA, LEE MESSERSMITH, TOM MALKOVICH, AND BROOK CRAIG.  

 

COMMISSIONER COCKRUM MADE A MOTION TO EXTEND THE MEETING TO FRIDAY, MAY 12, 2023 FOR PAYING OF MONTHLY BILLS.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

 

5:38 P.M.