City Council Meeting Minutes — June 26, 2023

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

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY JUNE 12, 2023. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #000991 FROM BLUE RIDGE TRACTOR FOR 55 GALLONS OF OIL, TOTALING $1480.42. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00483 FROM LOYD ELECTRIC FOR A GENERATOR AT THE WATER TOWER TO POWER THE POLICE AND FIRE REPEATER, TOTALING $8820.00. SECONDED BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #000992 FORM SCHAEFFER’S SPECIALIZED LUBRICANTS FOR VARIOUS GREASES, TOTALING $922.30. SECONDED BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER STOREY PRESENTED A LAKE LOT LEASE TRANSFER OF LOT 150 FROM MR. THOMAS MCAFOOS TO MR. ROBERT C. WAGNON AND MAKE A MOTION TO APPROVE THE TRANSFER. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER STOREY DISCUSSED ITEM 4C, STATING THAT THE PART-TIME CODES EMPLOYEE HADN’T PUT A BID IN FOR FULL-TIME AND THAT COMMISSIONER STOREY FELT SPLITTING THE TIME WAS A WASTE. COMMISSIONER STOREY MADE A MOTION TO START THE PROCESS TO HIRE A FULL-TINE WATER DEPARTMENT EMPLOYEE. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0. AFTER THE VOTE COMMISSIONER STOREY ASKED IF WE TAKE APPLICATIONS FOR THIS POSITION AND ATTORNEY THOMAS MALKOVICH STATED THE COUNCIL MUST FOLLOW THE GUIDELINES WITHIN THE BARGAINING UNIT’S CONTRACT.

 

COMMISSIONER COCKRUM STATED HE HAD NO PURCHASE ORDERS THIS EVENING.

 

COMMISSIONER COCKRUM PRESENTED A RESOLUTION TO FOR ROAD CLOSURE DURING THE CELEBRATION & CAR SHOW PUT ON BY THE BENTON/WEST CITY CHAMBER OF COMMERCE ON SEPTEMBER 9, 2023, WITH A RAIN DATE OF SEPTEMBER 23, 2023, FROM 12:00 PM TO 6:00 PM. COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THIS RESOLUTION, SUBJECT TO A CORRECT RESOLUTION NUMBER. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00110 FROM GALLS, FOR EQUIPMENT FOR NEW HIRE, TOTALING $719.15. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER GARAVALIA STATED THE PAID-ON CALL LIST FOR THE FIRE DEPARTMENT WAS NEEDING TO BE ADDED TO. MAYOR MESSERSMITH STATED THAT WE NEED TO MAKE SURE WE ARE REMOVING THE APPROPRIATE PEOPLE FROM THE LIST WITH THE STATE LAW ALLOTTING 40 HOURS OF PTO TO ALL EMPLOYEES, PART-TIME OR OTHERWISE. ATTORNEY MALKOVICH STATED MS. MENO HAS INFORMATION OF THE SUBJECT AND HAS APPROACHED HIM ABOUT THIS BEFORE. COMMISSIONER GARAVALIA MADE A MOTION TO ADVERTISE FOR ADDING TO THE PAID-ON CALL LIST. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER GARAVALIA STATED SHE WAS APPROACHED BY BILL ‘SCOOTER’ NELMS ABOUT THE CURRENT DONATED SQUAD CAR, STATING IT IS IN NEED OF REPLACEMENT. COMMISSIONER GARAVALIA ASKED POLICE CHIEF CHRIS FUNKHOUSER TO SPEAK ON THE MATTER OF THE SURPLUS PROPERTY. CHIEF FUNKHOUSER EXPLAINED THE POLICE DEPARTMENT HAS AN UNMARKED CAR WITH 70,XXX MILES ON IT. CHIEF FUNKHOUSER STATED IT DOES NEED A POWER STEERING PUMP BUT IT STARTS AND HAS AC. COMMISSIONER GARAVALIA MADE A MOTION TO DECLARE THIS SQUAD CAR AS SURPLUS PROPERTY. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER GARAVALIA MADE A MOTION TO DONATE THE SURPLUS SQUAD CAR TO THE BENTON COMMUNITY PARK DISTRICT. SECONDED BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER GARAVALIA STATED THE COUNCIL MAY NEED TO ADDRESS AND CLARIFY THE BURN ORDINANCE BECAUSE THERE SEEMS TO BE SOME CONFUSION OF WHEN AND WHEN THERE IS NOT A BURN BAN IN EFFECT. SHE ALSO STATED THAT FIRE CHIEF SHANE COCKRUM WAS EXPECTING MONDAY JUNE 26, 2023 TO BE A NO BURN DAY BUT HAD NEVER HEARD ANYTHING. COMMISSIONER STOREY STATED HE WAS AT THE FIRE STATION WHEN THE CALL CAME IN AND THAT THERE WAS A BURN BAN PUT IN EFFECT. ATTORNEY MALKOVICH RECOMMENDED PERHAPS THE COUNCIL LOOK INTO RELIABLE METHOD OF ADVERTISEMENT FOR THE BURN BAN NOTICE. COMMISSIONER KAYS STATED THAT CHIEF COCKRUM HAS POSTED IT TO THE BENTON FIRE DEPARTMENT’S FACEBOOK PAGE AND COMMISSIONER COCKRUM SUGGESTED USING THE LOCAL RADIO STATION.

 

COMMISSIONER KAYS STATED HE HAD NO PURCHASE ORDERS OR MONTHLY BILLS THIS EVENING.

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL TOTALING $104,982.99 WITH THE GENERAL FUND PORTION BEING $79,027.98 AND THE WATER & SEWER PORTION BEING $25,2955.01. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER KAYS STATED HE WOULD LIKE TO TAKE MATTER 7C INTO CLOSED EXECUTIVE SESSION.

 

COMMISSIONER KAYS STATED HE WOULD LIKE TO START WORKING ON THE PERSONAL CODE FOR NEPOTISM IN THE CITY OF BENTON, SAYING HE WISHED TO BE PROACTIVE TO THE POTENTIAL PROBLEMS AND NOT REACTIVE LIKE SOME OF THE OTHER SURROUNDING COMMUNITIES. COMMISSIONER KAYS MADE A MOTION TO MOVE FORWARD WITH THE PROCESS TO WRITE/DEFINE THE POLICY. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

MAYOR MESSERSMITH STATED HE HAD NO UPDATES THIS EVENING.

 

MAYOR MESSERSMITH STATED HE HAD TWO PURCHASE ORDERS TONIGHT FOR THE CLEAN UP OF DEBRIS AT 406 W. WEBSTER, 408 W. WEBSTER, AND 301 E. WEBSTER INDIVIDUALLY. MAYOR MESSERSMITH ASKED ZONING AND ECONOMIC DEVELOPMENT ADMINISTRATOR BRIAN CALCATERRA TO SPEAK ON THE SUBJECT. MR. CALCATERRA EXPLAINED THAT HE AND ATTORNEY MALKOVICH HAD WORKED THROUGH THE ORDINANCE VIOLATION COURT SYSTEM TO ACQUIRE A JUDGEMENT AGAINST THESE PROPERTIES. MR. CALCATERRA STATED THAT WHILE THIS WOULD BE CLEANING UP SOMEONE ELSE’S MESS, THIS WOULD NOT BE LIKE HAULING SCRAP FROM A YARD THAT WILL LOOK THE SAME WAY AGAIN IN A MONTH, AND THAT THE MONEY USED WOULD COME FROM THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY (IHDA) GRANT WHICH IS ALREADY ALLOCATED TO DEMOS. WHEN ASKED ABOUT THE POSSIBILITY OF REPAYMENT ON THESE PROPERTIES MR. CALCATERRA STATED A LIEN CAN BE FILED AND WOULD MOST LIKELY RECOUP TWO OF THE THREE EXPENSES. COMMISSIONER KAYS MADE THE MOTION TO APPROVE THE PURCHASE ORDER FOR 406 & 408 W WEBSTER, TOTALING $3675.00. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE PURCHASE ORDER FOR 301 E WEBSTER, TOTALING $4500.00. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

MAYOR MESSERSMITH STATED HE WANTED TO INFORM THE COUNCIL THAT HE HAS BEEN IN CONTACT WITH WEST CITY, SESSER, AND THE REND LAKE CORE OF ENGINEERS REGARDING PUTTING ON FIREWORKS SHOW FOR 2024. MAYOR MESSERSMITH STATED HE WILL CONTINUE TO WORK WITH THESE GROUPS TO PUT ON A SHOW AND MAKE IT CLEAR IT IS NOT A CHAMBER OF COMMERCE EVENT. COMMISSIONER COCKRUM SAID IT WAS SADDENING TO SEE THE LIST OF PLACES PUTTING ON FIREWORKS SHOW THIS YEAR AND TO NOT HAVE SEEN BENTON ON THAT LIST. MAYOR MESSERSMITH STATED THAT RICK LINTON HAS AGREED TO HELP WITH THE ADVERTISEMENT OF THIS AND ALSO THE CITY’S ECLIPSE PLANS AS WELL.

 

NO MISCELLANEOUS BUSINESS.

 

NO OLD BUSINESS.

 

IN MATTERS OF NEW BUSINESS COMMISSIONER KAYS STATED THAT WITH THE COUNCIL’S RECENT VOTE TO ALLOW LEADMEN TO TAKE HOME THEIR WORK VEHICLES THE CITY OWNED VEHICLES POLICY WAS GOING TO NEED TO BE WORKED ON. IT WILL INVOLVE USING THE IRS MILAGE RATE FROM THE RESIDENCE TO THE BASE OF OPERATION. FOR THE PUBLIC WORKS DIRECTOR BASE WOULD BE CITY HALL, FOR THE STREET DEPARTMENT LEADMAN BASE WOULD BE THE STREET BARN, AND FOR THE WATER DEPARTMENT LEADMAN BASE WOULD BE THE WATER BARN.

 

COMMISSIONER KAYS STATED THAT THE BAD DEBT POLICY HAS BEEN ISSUED TO THE FAA AND WE ARE NOW WAITING ON THEIR FEEDBACK TO PRESENT IT TO THE COUNCIL.

 

COMMISSIONER KAYS SPOKE ABOUT NEEDING TO PUT IN A BULK WATER PURCHASE POLICY. COMMISSIONER STOREY STATED WE WOULD NEED A WAY TO VERIFY THE AMOUNT OF WATER BEING PURCHASED, AND IT WAS SUGGESTED PUTTING A METER ON OUT AT THE WATER BARN. COMMISSIONER STOREY SPOKE ABOUT WANTING TO BRING BACK THE SEWER REDUCTION FOR POOL FILL-UPS.

 

IN MATTERS FROM THE PUBLIC AUDIENCE MR. TOM CARTER ASKED IF IT HAD BEEN THOUGHT ABOUT OR THOUGHT FAIR TO ALLOW FOR POOL ADJUSTMENTS ON THE SEWER BILL WHEN SOMEONE WATERING THEIR GARDEN THROUGH THE SUMMER WILL BE CHARGED FOR THE SEWER BY THE WATER GOING THROUGH THE METER. COMMISSIONER KAYS SUGGESTED MAYBE IT COULD BE INCLUDING IN THE POLICY FOR ADJUSTMENTS.

 

  1. CARTER EXPRESSED HIS PLEASURE IN HEARING THE ABOUT THE REVIEW FOR THE CITY OWNED VEHICLE POLICY AND HAD ASKED IF THE COUNCIL HAD REVIEWED THE REASON THE VEHICLES WERE TAKEN AWAY YEARS AGO. PERSONNEL WAS CAUGHT ABUSING THE CITY TRUCKS FOR PERSONAL USE. COMMISSIONER KAYS STATED THAT THE PERSONNEL USING THE TRUCKS WOULD SIGN A WAIVER STATING IT IS FOR OFFICIAL USE ONLY AND THIS IS WHY THE OPTION IS ONLY BEING OFFERED TO THE HEADS OF THE DEPARTMENTS.

 

  1. CARTER ASKED IF THE SEWER DEPARTMENT HAD ASKED THE COUNCIL TO PURCHASE ANY AMOUNTS OF VEGETABLE OIL, AS THE PUMPS ARE SUPPOSED TO BE EMPTIED AND CLEANED REGULARLY. HE SATED THAT DURING HIS TIME THEY WERE SWITCHING FROM A FULL SYNTHETIC OIL TO MORE NATURAL OILS AND HE WOULD BE INTERESTED TO KNOW IF THEY SEALS HAD BEEN CHECKED WHEN THEY CLEANED THE OLD OIL OUT.

 

  1. CARTER ASKED ABOUT THE EXPIRATION DATE OF THE PERRY RIDGE LANDFILL CONTRACT. STATING IT WAS PUBLISHED IN AN ARTICLE THAT NEW TESTING IS COMING OUT FOR “FOREVER CHEMICALS” AND THAT SOMEWHERE ELSE HAD BEEN RECEIVING LEACHATE AND THAT IT WAS FOUND THEY HAD CONTAMINATED THEIR WHOLE SEWER PLANT. MR. CARTER LATER CIRCLED AROUND LATER TO INCLUDE THAT 3M HAD TO PAY OUT A MULTI-BILLION-DOLLAR LAWSUIT OVER THIS EXACT ISSUE.

 

  1. CARTER STATED THAT AFTER 20 YEARS OF TODD THOMAS BEING ON THE REND LAKE CONSERVANCY BOARD, HE FEELS IT IS TIME FOR A NEW FACE.

 

  1. CARTER STATED HE IS GLAD THAT THE COUNCIL BROUGHT UP NEPOTISM. HE READ OFF A LIST THAT HE HAD CREATED WITH NAMES OF PREVIOUS AND CURRENT CITY EMPLOYEES THAT ARE RELATED TO EACH OTHER IN SOME FORM OR FASHION. MR. CARTER ALSO STATED THAT THERE SEEMS TO BE A LOT OF FAVORITISM AND NEPOTISM HAPPENING IN THE CITY OF BENTON. COMMISSIONER KAYS SATED THAT THE CITY IS NOT AS BAD AS SOME AND THAT HE HOPES TO GET ON THE UP AND UP IN REGARDS TO PREVENTION AND POLICING IT. MR. CARTER EXPRESSED HIS CONCERN WITH GIVING THE PUBLIC WORKS DIRECTOR, CRAIG MILES, HEALTH INSURANCE. HE SAID IT WAS A DIRECT SHOW OF FAVORITISM AND HE WANTED TO KNOW WHAT WOULD HAPPEN IN THE CONTRACT NEGOTIATION FOR THE POLICE AND FIRE CHIEFS. ATTORNEY MALKOVICH REPLIED THAT THIS CONTRACT IS THE ONLY ONE THE INSURANCE IS CURRENTLY NEGOTIATED INTO. MR. CARTER SAID IT WAS IN THE PUBLIC WORKS DIRECTOR’S CONTRACT TO BE ABLE TO GO BACK INTO THE UNION TO RECEIVE THE SAME BENEFITS AS THE UNION AND THAT COUNCIL DID NOT NEED TO ADD IT TO HIS CONTRACT EXPECT TO SHOW THE DIRECTOR FAVORITISM.

 

COMMISSIONER KAYS MADE A MOTION TO GO TO EXECUTIVE SESSION TO DISCUSS ITEM 7C ON THE AGENDA. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

5:31 P.M.

 

COMMISSIONER GARAVALIA MADE A MOTION TO RETURN FROM EXECUTIVE SESSION. SECONDED BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5.  COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.

 

6:05 P.M.

 

COMMISSIONER KAYS MADE A MOTION TO GIVE A RETIREMENT INCENTIVE BONUS OF $12,500.00 FOR TIER 1, NON-UNION, CURRENTLY EMPLOYED EMPLOYEES. SECONDED BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 1.  COMMISSIONER STOREY. NAYS: 4. COMMISSIONER COCKRUM, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH.

 

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

 

6:10 P.M.