MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY MAY 22, 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.
MAYOR MESSERSMITH ASKED CODY WILLIFORD TO COME BEFORE THE COUNCIL. MAYOR MESSERSMITH SWORE IN CODY WILLIFORD AS THE CODE ENFORCEMENT OFFICER.
COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MONDAY, MAY 8, 2023, WITH THE AMENDMENT OF ONE SENTENCE UNDER PUBLIC COMMENT REGARDING THE NUMBER OF APPLICATIONS RECEIVED BY THE CITY OF BENTON FOR THE POSITION OF THE CODE ENFORCEMENT OFFICER POSITION. SECOND BY COMMISSIONER COCKRUM. 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 MINUTES OF THE CONTINUED MEETING HELD ON FRIDAY, MAY 12, 2023. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0. COMMISSIONER STOREY ABSTAINED.
MAYOR MESSERSMITH ASKED MIKE TYSON OF TAKE ACTION TODAY TO DISCUSS THEIR PROGRAM WITH THE COUNCIL. IT WAS STATED THAT THERE WAS NO COST ASSOCIATED WITH ENTERING INTO AN INTERAGENCY AGREEMENT WITH TAKE ACTION TODAY. THE AGENCY WOULD PROVIDE NON-CLINICAL PEER SUPPORT SERVICES, AID WITH RESOURCE LOCATION AND UTILIZATION, RESPOND TO OPIOID OVERDOSE SCENES, ASSIST WITH MENTAL HEALTH CRISIS(S), AND ASSIST WITH LOCATING TREATMENT OPTIONS FOR INDIVIDUALS ENCOUNTERED BY THE BENTON POLICE DEPARTMENT. COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE ENTERING INTO AN INTERAGENCY AGREEMENT WITH TAKE ACTION TODAY. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00501 TO HEARTLAND OFFICE SUPPLY FOR A BROTHER PRINTER IN THE WATER DEPARTMENT OFFICE IN THE AMOUNT OF $629.59. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER STOREY STATED THAT HE HAD NO LAKE LOT LEASE TRANSFERS FOR THIS MEETING.
COMMISSIONER STOREY ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (C) DISCUSSION AND/OR APPROVAL OF REND LAKE CONSERVANCY DISTRICT WATER CONTRACT. ATTORNEY MALKOVICH STATED THAT THE CONSERVANCY DISTRICT WAS INCREASING RATES AND THAT WE HAD A CHOICE OF A 1-YEAR CONTRACT OR A 3-YEAR CONTRACT. ATTORNEY MALKOVICH STATED THAT AFTER SPEAKING WITH THE FINANCE COMMISSIONER AND THE TREASURER, IT WAS DECIDED THAT THE CITY WOULD BE ABLE TO ABSORB THE RATE INCREASE FOR THE FIRST YEAR AND NOT HAVE TO RAISE RATES FOR THE CITIZENS OF BENTON. COMMISSIONER KAYS STATED THAT HE RECEIVED A CALL FROM A BOARD MEMBER OF THE CONSERVANCY DISTRICT WHILE ON HIS WAY TO THE COUNCIL MEETING THAT SUGGESTED WE SHOULD ONLY DO THE 1-YEAR CONTRACT. COMMISSIONER KAYS STATED THAT THE CONSERVANCY DISTRICT THINKS THEY MAY HAVE ESTIMATED HIGH AND THE RATE AFTER THE FIRST YEAR MAY NOT NEED TO BE AS MUCH OF AN INCREASE. COMMISSIONER KAYS THEN MADE A MOTION TO APPROVE SIGNING A 1-YEAR CONTRACT WITH REND LAKE CONSERVANCY DISTRICT. SECOND BY COMMISSIONER STOREY. 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 HE WOULD NEED TO GO INTO EXECUTIVE SESSION TO DISCUSS ITEM (B) DISCUSSION AND/OR APPROVAL OF EMPLOYMENT CONTRACT FOR THE PUBLIC WORKS DIRECTOR.
COMMISSIONER COCKRUM MADE A MOTION TO ACCEPT THE LOW BID OF CA6/CA10 FROM BEELMAN TRUCKING IN THE AMOUNT OF $36,760.00 FOR 500 TONS OF CA/10 AND 1500 TONS OF CA/6. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO REJECT ALL THE BAM BIDS AND ASK FOR CONTRACTORS TO REBID BASED UPON CLARIFICATIONS DUE TO SOME CONFUSION IN THE PREVIOUS BID PROCESS. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO NAME PSC ENGINEERING AND SURVEYING AS THE WEST MAIN PROJECT ENGINEER. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO ALLOW PUBLIC WORKS DIRECTOR CRAIG MILES TO ATTAIN PETROFF ROAD EASEMENTS. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PUTTING THE WHISPER WAY OVERLAY PROJECT OUT FOR BID. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00395 TO ROGERS TOWING FOR TOWING OF FIRE TRUCK #803 TO DAVE SCHMIDT TRUCKING DUE TO TRANSMISSION FAILURE IN THE AMOUNT OF $725.00. 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 APPROVE PURCHASE ORDER #00393 TO THIN LINE PUBLIC SAFETY IN THE AMOUNT OF $1,780.00 FOR REPLACEMENT OF BROKEN LIGHT BAR ON ENGINE #803. 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 APPROVE PURCHASE ORDER #00394 TO DAVE SCHMIDT TRUCK SERVICE TO REPLACE THE TRANSMISSION IN ENGINE #803 IN THE AMOUNT OF $12,804.66. 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 APPROVE PURCHASE ORDER #00395 TO WITMER PUBLIC SAFETY GROUP FOR ONE PAIR OF FIREFIGHTER BOOTS AND 1 FIREFIGHTER RESCUE BELT IN THE AMOUNT OF $830.95. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE A BICYCLE RODEO AT THE BENTON POLICE DEPARTMENT WITH THE HELP OF THE BENTON CUB SCOUT PACK 7028 AND THE BENTON AREA VOLUNTEERS TO TAKE PLACE ON TUESDAY, JUNE 13, 2023 AT 6-7:30 P.M. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER GARAVALIA MADE A MOTION TO ACCEPT THE 1-YEAR NOTIFICATION OF FIREFIGHTER JEFF COLEMAN’S RETIREMENT PER BARGAINING AGREEMENT. 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 OR BILLS FOR THIS MEETING.
COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR THE GENERAL FUND IN THE AMOUNT OF $68,732.17 AND WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $24,952.71 FOR A TOTAL PAYROLL OF $93,684.88. SECOND BY COMMISSIONER GARAVALIA. 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 THE CITY HAD RECEIVED WORD FROM REG ANKROM WITH SIMEC, THE BROKER FOR THE CITY OF BENTON’S ELECTRIC AGGREGATION PROGRAM. THE MARKET RATE THE CITY HAS BEEN LOCKED IN WITH IS $0.0866. THIS RATE WILL TAKE EFFECT ON JULY 1, 2023 AND RUN THROUGH JUNE OF 2024.
MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS.
MAYOR MESSERSMITH STATED THAT THERE WERE PROPOSED AMENDMENTS MADE TO CHAPTER 1 OF THE REVISED CODE OF ORDINANCES #19-02. DISCUSSION WAS HELD REGARDING WHAT THE CHANGES WERE. COMMISSIONER GARAVALIA STATED THAT SHE FELT LIKE THE CHANGES TOOK EMPLOYEES AWAY FROM ONE COMMISSIONER AND PUT OVER HALF OF THE EMPLOYEES UNDER JUST 1 COMMISSIONER. SHE STATED THAT SHE FELT LIKE THAT WAS TOO MUCH ON 1 COMMISSIONER. ATTORNEY MALKOVICH STATED THAT THE ONLY PEOPLE WHO WOULD CHANGE SUPERVISORS WOULD BE THE CITY CLERK, THE WATER CLERK, AND BILLING CLERK. MAYOR MESSERSMITH STATED THAT EVERYTHING THAT THE WATER CLERK AND THE BILLING CLERK DO IS IN THE WATER DEPARTMENT AND THEREFORE THEY SHOULD ANSWER TO THE WATER AND SEWER COMMISSIONER. COMMISSIONER KAYS STATED THAT THERE ARE OTHER ARTICLES IN THE REVISED CODE OF ORDINANCE THAT ALSO NEED TO BE WORKED ON AND CLEANED UP. COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO SEE A SIDE-BY-SIDE COMPARISON OF ALL THE AMENDMENTS BEFORE A VOTE IS TAKEN ON THIS ITEM. COMMISSIONER COCKRUM AGREED THAT HE ALSO WOULD LIKE TO SEE A SIDE-BY-SIDE COMPARISON. COMMISSIONER GARAVALIA MADE A MOTION TO TABLE THE APPROVAL OF AMENDING CHAPTER ONE – ADMINISTRATION OF THE REVISED CODE OF ORDINANCES #19-02. SECOND BY COMMISSIONER STOREY. 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 DISCUSS ITEM (E) DISCUSSION AND/OR APPROVAL OF EMPLOYMENT CONTRACT FOR ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR, IN EXECUTIVE SESSION.
MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO ADDRESS ITEM (F) DISCUSSION AND/OR APPROVAL OF THE PETITION FOR ANNEXATION OF LAND FOR CJ LANDS – FRANKLIN, LLC. MR. CALCATERRA STATED THAT THIS IS FOR BEN’S LAWN SERVICE. COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS PETITION FOR ANNEXATION. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
MAYOR MESSERSMITH STATED THAT THE CITY NEEDED TO APPOINT A MEMBER TO THE GREATER EGYPT REGION COMMISSIONER. HE STATED THAT FOR THE PAST FEW YEARS’ PUBLIC WORKS DIRECTOR CRAIG MILES HAS BEEN ON THIS COMMISSIONER. MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO BE THE MEMBER THAT IS APPOINTED AT THIS TIME. COMMISSIONER GARAVALIA MADE A MOTION TO APPOINT MAYOR LEE MESSERSMITH AS A MEMBER TO THE GREATER EGYPT REGION COMMISSION. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
NO MISCELLANEOUS BUSINESS.
NO OLD BUSINESS.
IN NEW BUSINESS, COMMISSIONER STOREY STATED THAT THERE ARE TERMITES, RUST, AND IN GENERAL FALLING IN OF THE BUILDING CALLED THE WATER BARN. HE STATED THAT THE STREET DEPARTMENT HAS MOLD AS WELL. COMMISSIONER STOREY STATED THAT HE WOULD LIKE TO BEGIN THE CONVERSATION OF BUILDING NEW BUILDINGS AT BOTH OF THESE PLACES. COMMISSIONER STOREY ALSO STATED THAT HE WOULD LIKE TO SEE THE LEAD MEN IN THE WATER AND STREET DEPARTMENT BE ALLOWED TO DRIVE THEIR WORK VEHICLES HOME. HE SAID IF THERE IS AN EMERGENCY AND THESE MEN ARE CALLED OUT, THEY HAVE TO DRIVE TO THE BARN AND RETRIEVE THEIR VEHICLE BEFORE THEY CAN GET TO THE EMERGENCY. COMMISSIONER COCKRUM STATED THAT THIS SOUNDED LOGICAL TO HIM.
IN MATTERS FROM THE PUBLIC AUDIENCE, TOM CARTER ASKED IF THE REPRESENTATIVE FOR THE CITY OF BENTON ON THE REND LAKE CONSERVANCY DISTRICT IS UP FOR RENEWAL. MAYOR MESSERSMITH STATED THAT THIS ITEM WILL BE ON THE NEXT AGENDA. MR. CARTER STATED THAT HE HAD QUESTIONS FOR THE REPRESENTATIVE REGARDING BORROWING MONEY FROM WATER FUNDS. MR. CARTER ASKED IF A FIREMAN WILL BE HIRED BEFORE THE YEAR FOR COLEMAN IS OVER. COMMISSIONER GARAVALIA STATED THAT THIS WILL BE THE CASE. MR. CARTER STATED THAT HE BELIEVES CODY WILLIFORD SHOULD HAVE LIVED IN BENTON OR SHOULD BE REQUIRED TO MOVE INTO THE CITY LIMITS. MR. CARTER ASKED IF THE COMMISSIONER OVER PUBLIC WORKS WOULD JUST BEFORE CRAIG MILES OR IF THE EMPLOYEES WOULD ALSO BE CONSIDERED HIS EMPLOYEES. MR. CARTER STATED THAT CRAIG MILES SHOULD BE CONSIDERED NONUNION WITH NO CLAUSE AND BE ON EQUAL GROUND.
KAREN FREEMEN ASKED THE COUNCIL ABOUT A CROSSWALK FOR KOA. MAYOR MESSERSMITH STATED THAT HE WILL BE IN CONTACT WITH THE CITY ENGINEER IN REGARDS TO THIS REQUEST.
COMMISSIONER KAYS 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 COCKRUM. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
5:55 P.M.
COMMISSIONER COCKRUM MADE A MOTION TO RETURN TO REGULAR SESSION. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
6:29 P.M.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE EMPLOYMENT CONTRACT FOR PUBLIC WORKS DIRECTOR CRAIG MILES. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 3. COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 2. COMMISSIONER KAYS AND COMMISSIONER GARAVALIA.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE EMPLOYMENT CONTRACT FOR ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR BRIAN CALCATERRA. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER STOREY MADE A MOTION ADJOURN THE MEETING. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
6:32 P.M.
