MINUTES OF THE CITY COUNCIL MEETING — JULY 10, 2023

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY JULY 10, 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 MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MONDAY, JUNE 26, 2023.  SECOND BY COMMISSIONER COCKRUM.  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 PURCHASE ORDERS FOR THIS MEETING. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE THE LAKE LOT LEASE TRANSFER FOR LOTS 109, 109A, AND 7 FROM DEBBIE HAMPLEMANN AND MARY LOU JONES TO ML& D JONES FAMILY TRUST.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  4.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0.  COMMISSIONER STOREY ABSTAINED. 

 

COMMISSIONER STOREY MADE A MOTION TO FIX THE FIRE DEPARTMENT ROOF IMMEDIATELY.  DISCUSSION WAS HELD REGARDING WHETHER OR NOT TO SEEK BIDS AND WHETHER OR NOT THE PREVIOUS CONTRACTOR SHOULD BE CONTACTED.  COMMISSIONER STOREY STATED THAT HE JUST WANTED TO MAKE SURE THE ROOF GOT FIXED.  MOTION WAS STILL ON THE TABLE AND WAS SUBSEQUENTLY SECONDED 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 TO AMEND THE ORDINANCE ALLOWING A ONE-TIME PER YEAR ADJUSTMENT FOR SEWER ON POOL FILLS.  AFTER DISCUSSION IT WAS STATED THAT IN ORDER TO GET THE ONE TIME PER YEAR ADJUSTMENT TO YOUR SEWER BILL, YOU MUST MEET ALL CRITERIA IN THE ORDINANCE.  SECOND BY COMMISSIONER KAYS.  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 OR OTHER BUSINESS FOR THIS MEETING. 

 

COMMISSIONER GARAVALIA STATED THAT SHE HAD NO PURCHASE ORDERS OR OTHER BUSINESS FOR THIS MEETING.  COMMISSIONER GARAVALIA DID STATE THAT SHE WOULD LIKE TO HAVE A “NIGHT OUT” EVENT TO HONOR THE PD ON AUGUST 2, 2023 AND A BACK-TO-SCHOOL BLOCK PARTY WITH THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT FROM 4 P.M. TO 7 P.M. ON AUGUST 5, 2023.  COMMISSIONER GARAVALIA STATED THAT THE BENTON AREA VOLUNTEERS WILL BE HELPING WITH THIS EVENT.

 

COMMISSIONER KAYS STATED THAT HE HAD NO PURCHASE ORDERS.

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE BILLS FOR THE AP FUND IN THE AMOUNT OF $314,862.39, OTHER FUNDS IN THE AMOUNT OF $34,775.83, AND MFT IN THE AMOUNT OF $38,524.06 FOR A TOTAL BILL AMOUNT OF $389,162.28.  SECOND BY COMMISSIONER STOREY.  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. 

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR THE DATE OF 07/07/2023 FOR THE GENERAL FUND IN THE AMOUNT OF $71,562.44 AND THE WATER AND SEWER DEPARTMENT FOR A TOTAL OF $25,426.76 FOR A TOTAL PAYROLL IN THE AMOUNT OF $96,989.20.  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 ALLOW ZONING ADMINISTRATOR/ECONOMIC DEVELOPMENT DIRECTOR BRIAN CALCATERRA, ATTORNEY THOMAS MALKOVICH, AND MAYOR LEE MESSERSMITH TO ATTEND THE ANNUAL TIF CONFERENCE IN CHICAGO IN SEPTEMBER.  COMMISSIONER KAYS STATED THAT THE UNION LEAGUE HOTEL WOULD BE COVERED BY THE CITY, TRAVEL WOULD BE REIMBURSED UP TO THE AMOUNT OF A BUSINESS CLASS TICKET ON AMTRAK, AND MEALS COVERED UP TO PER DIEM AMOUNT FOR COOK COUNTY WHICH IS CURRENTLY $59.25 ON TRAVEL DAYS AND $79.00 ON NONTRAVEL DAYS.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

COMMISSIONER KAYS STATED THAT HE DID NOT THINK THAT ALL THE COMMISSIONER SHOULD GO TO THE ANNUAL ILLINOIS MUNICIPAL LEAGUE CONFERENCE IN CHICAGO BEING HELD THIS SEPTEMBER.  COMMISSIONER KAYS STATED THAT HE BELIEVES THE COMMISSIONERS SHOULD GO ON A ROTATING BASIS TO HELP KEEP COSTS DOWN.  COMMISSIONER STOREY STATED THAT HE IS NOT INTERESTED IN GOING TO A CONFERENCE IN CHICAGO AND COMMISSIONER COCKRUM STATED THAT HE HAS PRIOR COMMITMENTS AND WOULD NOT BE ABLE TO ATTEND THIS YEAR EITHER.  COMMISSIONER KAYS STATED THAT AFTER READING THIS YEAR’S AGENDA, HE FEELS FINANCE SHOULD BE THE COMMISSIONER TO ATTEND THIS YEAR.  COMMISSIONER GARAVALIA STATED THAT SHE SHOULD LIKE TO BE CONSIDERED.  COMMISSIONER KAYS MADE A MOTION TO ALLOW ZONING ADMINISTRATOR/ECONOMIC DEVELOPMENT DIRECTOR BRIAN CALCATERRA, ATTORNEY THOMAS MALKOVICH, CITY CLERK BROOK CRAIG, FINANCE COMMISSIONER CHRISTOPHER KAYS, AND MAYOR LEE MESSERSMITH TO ATTEND THE ANNUAL IML CONFERENCE IN CHICAGO BEING HELD SEPTEMBER OF 2023.  THE HILTON HOTEL WILL BE COVERED BY THE CITY, TRAVEL WILL BE REIMBURSED UP TO THE COST OF A ROUNDTRIP BUSINESS CLASS AMTRAK TICKET, AND FOOD WILL BE REIMBURSED UP TO COOK COUNTY PER DIEM RATES OF $59.25 ON TRAVEL DAYS AND $79.00 ON NONTRAVEL DAYS.  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 WOULD LIKE TO DISCUSS ITEM (E) DISCUSSION AND/OR APPROVAL OF HIRING A NEW EMPLOYEE IN WATER/SEWER DEPARTMENT WITH POSSIBLE NEW JOB CLASSIFICATION, IN EXECUTIVE SESSION. 

 

COMMISSIONER KAYS ASKED CITY CLERK BROOK CRAIG TO OPEN THE SEALED TRASH BIDS.  CITY CLERK CRAIG STATED THAT THERE WERE TWO BIDS RECEIVED.  THE FIRST BID WAS FROM AAA DISPOSAL.  PRICES IN THE FIRST BID WERE AS FOLLOWS:

 

1ST YEAR

$14.58

1ST YEAR SENIOR CITIZEN

$13.99

2ND YEAR

$15.16

2ND YEAR SENIOR CITIZEN

$14.55

3RD YEAR

$15.77

3RD YEAR SENIOR CITIZEN

$15.14

4TH YEAR

$16.40

4TH YEAR SENIOR CITIZEN

$15.74

 

THE SECOND BID WAS FROM REPUBLIC SERVICES.  PRICES IN THE SECOND BID ARE AS FOLLOWS:

 

1ST YEAR

$14.49

1ST YEAR SENIOR CITIZEN

$13.04

2ND YEAR

$15.21

2ND YEAR SENIOR CITIZEN

$13.69

3RD YEAR

$15.98

3RD YEAR SENIOR CITIZEN

$14.38

4TH YEAR

$16.77

4TH YEAR SENIOR CITIZEN

$15.10

5TH YEAR

$17.61

5TH YEAR SENIOR CITIZEN

$15.86

 

COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO CONTINUE THE MEETING TO FRIDAY AND MAKE A DECISION ON ACCEPTING A BID AT THAT TIME.  NO FURTHER ACTION WAS TAKEN ON THESE BIDS AT THIS TIME.

 

ATTORNEY MALKOVICH STATED THAT HE HAD NO UPDATES. 

 

IN THE PUBLIC AFFAIRS REPORT, MAYOR MESSERSMITH STATED THAT HAVE BEEN 3 LOTS RECENTLY CLEANED UP.  THE COSTS TO CLEAN THESE LOTS UP WAS COVERED BY GRANT MONIES. 

 

MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING. 

 

MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO PRESENT ITEM (C) DISCUSSION AND/OR APPROVAL OF RESOLUTION ACCEPTING GRANT FROM THE DELTA REGIONAL AUTHORITY CONCERNING WATER MAIN EXTENSION.  MR. CALCATERRA STATED THAT THIS RESOLUTION IS FOR THE $104,200.00 OF PUBLIC FUNDS TO BE PROVIDED BY THE CITY OF BENTON TO FUND THIS PROJECT.  COMMISSIONER STOREY MADE A MOTION TO APPROVE RESOLUTION #23-13 ACCEPTING THE GRANT FROM THE DELTA REGIONAL AUTHORITY.  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 NO ACTION WOULD BE TAKEN ON ITEM (D) DISCUSSION AND/OR APPROVAL TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF WATER MAIN EXTENSION TO INDUSTRIAL PARK II.  MAYOR MESSERSMITH STATED THAT THIS WOULD BE DISCUSSED FURTHER AT THE CONTINUED MEETING ON FRIDAY. 

 

MAYOR MESSERSMITH ASKED MR. CALCATERRA TO HANDLE ITEM (E) DISCUSSION AND/OR APPROVAL OF THE APPLICATION TO ZONE THE PROPERY LOCATED AT 1503 N. MAIN STREET FROM NOT ZONED TO B-2, MADE BY CJ LANDS FRANKLIN LLC.  MR. CALCATERRA STATED THAT THIS APPLICATION HAS BEEN APPROVED BY THE ZONING BOARD AT THE JULY 5, 2023 ZONING AND PLANNING COMMISSION BOARD MEETING.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THE APPLICATION TO ZONE THE PROPERTY LOCATED AT 1503 NORTH MAIN STREET FROM NOT ZONED TO B-2 MADE BY CJ LANDS FRANKLIN LLC.  SECOND BY COMMISSIONER COCKRUM.  HAS BEEN VOTE WAS TAKEN.   YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

MAYOR MESSERSMITH ASKED MR. CALCATERRA TO HANDL ITEM (F) DISCUSSION AND/OR APPROVAL OF THE APPLICATION FOR SPECIAL USE PERMIT MADE BY CJ LANDS FRANKLIN LLC TO ALLOW FOR COMMERCIAL SALE OF FARM IMPLEMENTS AT 1503 NORTH MAIN STREET.  MR. CALCATERRA STATED THAT THE ZONING AND PLANNING COMMISSION APPROVED THIS APPLICATION FOR SPECIAL USE PERMIT AT THE JULY 5, 2023 BOARD MEETING.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THE APPLICATION FOR SPECIAL USE PERMIT MADE BY CJ LANDS FRANKLIN LLC TO ALLOW FOR COMMERCIAL SALE OF FARM IMPLEMENTS AT 1503 NORTH MAIN STREET.  SECOND BY COMMISSIONER COCKRUM.  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 HE WAS CONTACTED BY A MEMBER OF THE CONCRETE FINISHER’S UNION.  COMMISSIONER STOREY STATED THAT THEY ARE LOOKING FOR PROPERTY FOR A TRAINING SYSTEM.  COMMISSIONER STOREY ALSO STATED THAT THERE IS WATER COMING IN THE POLICE DEPARTMENT. 

 

IN MATTERS FROM THE PUBLIC AUDIENCE, MR. TOM CARTER ASKED WHICH COMMISSIONER IS ACTUALLY OVER THE WATER DEPARTMENT.  COMMISSIONER STOREY STATED HE DID NOT KNOW.  ATTORNEY MALKOVICH STATED THAT NOTHING HAS CHANGED FOR PUBLIC PROPERTIES AND THAT COMMISSIONER STOREY IS STILL OVER THE WATER DEPARTMENT.  MR. CARTER ALSO ASKED THE COUNCIL IF THEY HAD CONSIDERED GIVING PREFERENCE TO PEOPLE WITH IN-GROUND POOLS IN REGARDS TO ADJUSTMENTS AS AN IN-GROUND POOL RAISES PROPERTY VALUE AND AN ABOVE GROUND POOL DOES NOT.

 

COMMISSIONER COCKRUM 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 GARAVALIA.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

5:50 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. 

 

6:27 P.M. 

 

NO ACTION WAS TAKEN AFTER EXECUTIVE SESSION REGARDING ITEM 7(E) DISCUSSION AND/OR APPROVAL OF HIRING NEW EMPLOYEE IN WATER/SEWER DEPARTMENT WITH POSSIBLE NEW JOB CLASSIFICATION.  MOTION TO TABLE THIS ITEM 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. 

 

 

MOTION TO CONTINUE THE MEETING TO FRIDAY, JULY 14, 2023 AT 8:30 A.M. FOR APPROVAL OF TRASH BID AND TO ADVERTISE FOR THE WATER MAIN EXTENSION WAS MADE BY COMMISSIONER STOREY.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS:  0. 

 

6:28 P.M.