MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY AUGUST 14, 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, JULY 24, 2023. SECOND BY COMMISSIONER STOREY. 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 OR LAKE LOT LEASE TRANSFERS FOR THIS MEETING. COMMISSIONER STOREY STATED THAT THE WATER DEPARTMENT HAS BEEN VERY BUSY FIXING LEAKS ALL OVER TOWN.
COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE OVERLAY BID IN THE AMOUNT OF $93,601.82. 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 APPROVE PARTIAL PAY ESTIMATE #1 AND CHANGE ORDER TO WIGGS EXCAVATING FOR THE DUQUOIN STREET FORCE MAIN IN THE AMOUNT OF $200,452.50. 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 APPROVE THE COMMERCIAL/INDUSTRIAL AGREEMENT FOR ELECTRIC SERVICE WITH SOUTHEASTERN ELECTRIC FOR THE DUQUOIN STREET FORCE MAIN. SECOND BY COMMISSIONER GARAVALIA. 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 #00115 TO GALLS, INC FOR AN INTOXIMETER IN THE AMOUNT OF $597.50. 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 APPROVE PURCHASE ORDER #00114 TO BERLA FOR 1 AUTOMOBILE FORENSICS LICENSING RENEWAL IN THE AMOUNT OF $3,250.00. 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 #00113 TO THE INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT (IPTM) FOR 2 CRIME SCENE PROCESSING TUITIONS AND LODGING IN JACKSONVILLE, FLORIDA IN THE AMOUNT OF $1,487.76. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER GARAVALIA STATED THAT ITEM (B) DISCUSSION OF POLICE CHIEF/FIRE CHIEF CONTRACT(S) WILL BE DISCUSSED IN EXECUTIVE SESSION.
COMMISSIONER GARAVALIA PRESENTED ITEM (C) DISCUSSION AND/OR APPROVAL OF BENTON HIGH SCHOOL COOPERATIVE EDUCATION TRAINING AGREEMENT. A LENGTHY DISCUSSION WAS HELD REGARDING HOURS, PAY, JOB DESCRIPTION, AND AGE REQUIREMENTS FOR WORK IN THE DEPARTMENT. COMMISSIONER GARAVALIA MADE A MOTION TO TABLE THIS ITEM UNTIL A FURTHER MEETING. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER GARAVALIA STATED THAT SHE WOULD LIKE TO HAVE A RECONSIDERATION REGARDING HER TO ATTEND THE IML CONFERENCE IN CHICAGO. SHE STATED THAT THIS IS A GOOD CHEERLEADING TIME FOR DEPARTMENTS AND SHE WOULD LIKE THE OPPORTUNITY TO RUB ELBOWS WITH OTHER POLICE AND FIRE COMMISSIONERS FROM AROUND THE STATE. ATTORNEY MALKOVICH STATED THAT ACCORDING TO ORDINANCE, RECONSIDERATIONS ON MOTIONS MUST BE MADE AT THE SAME MEETING A MOTION HAS BEEN MADE OR THE MEETING FOLLOWING THE MOTION BEING MADE. IT WAS STATED THAT IN ORDER TO FOLLOW ORDINANCE, THE RECONSIDERATION WOULD HAVE NEEDED TO TAKE PLACE NO LATER THAN THE MEETING ON JULY 24, 2023. NO FURTHER ACTION WAS TAKEN ON THIS MATTER.
COMMISSIONER GARAVALIA STATED THAT THE BACK-TO-SCHOOL BLOCK PARTY WAS A SUCCESS AND SHE WOULD LIKE TO DO THIS ANNUALLY. COMMISSIONER GARAVALIA ALSO STATED THAT SHE WOULD LIKE TO BEGIN THE PROCESS OF FORMING A BOARD TO PUT ON A POLICE AND FIRE BALL TO TAKE PLACE ON JANUARY 13, 2024. COMMISSIONER GARAVALIA STATED THAT A DEPARTMENT REPORT FOR THE POLICE DEPARTMENT WAS INCLUDED IN THE COMMISSIONER’S FOLDERS. COMMISSIONER GARAVALIA STATED AS A FINAL PART TO HER REPORT FOR THIS MEETING, THAT CHIEF FUNKHOUSER HAD TYPED COMMENDATIONS FOR OFFICER MICHAEL CAIN, OFFICER JEREMY WATKINS, OFFICER JUSTICE PURDIE, AND OFFICER TYLER ORE FOR RECEIVING CERTIFICATES OF APPRECIATION FOR DUI ENFORCEMENT FROM ALLIANCE AGAINST INTOXICATED MOTORISTS (AAIM).
COMMISSIONER KAYS STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING.
COMMISSIONER KAYS MADE A MOTION TO APPROVE BILLS IN THE AMOUNT OF $654,393.38 FOR THIS MEETING. THIS TOTAL INCLUDED I-57 INTERCHANGE IN THE AMOUNT OF $32,050.44, IJRL TIF IN THE AMOUNT OF $767.50, DOWNTOWN TIF IN THE AMOUNT OF $767.50, POLICE PENSION IN THE AMOUNT OF $920.00, FIRE PENSION IN THE AMOUNT OF $920.00, HOME RULE GAS TAX IN THE AMOUNT OF $200.00, AND MOTOR FUEL TAX IN THE AMOUNT OF $56,038.05. SECOND BY COMMISSIONER STOREY. 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 GENERAL FUND IN THE AMOUNT OF $72,609.52 AND WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $24,298.29 FOR A TOTAL PAYROLL OF $96,907.81. SECOND BY COMMISSIONER COCKRUM. 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 REPEAL THE SEWER RATE ORDINANCE THAT WAS PASSED AT THE LAST MEETING AS IT WAS NOT DONE WITH A RATE STUDY. COMMISSIONER COCKRUM SECONDED THIS MOTION. 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 BAD DEBT POLICY. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
ATTORNEY MALKOVICH STATED THAT THE ONLY UPDATE HE HAS FOR THIS MEETING IS REGARDING THE SERGEANT PAY. ATTORNEY MALKOVICH STATED THAT THERE IS NO INTEREST IN THIS POSITION AT A RATE OF PAY OF $3,000.00 TO THE BASE. HE STATED THAT THIS WILL BE FURTHER ADDRESSED WITH THE NEW UNION CONTRACT.
MAYOR MESSERSMITH STATED UNDER UPDATES THAT THE CITY HAS BEEN AWARDED A $2.8 MILLION GRANT AND THAT IDOT WILL BE HAVING A MEETING SOON DISCUSSING THE REPAIRS TO BE MADE TO EAST MAIN STREET FROM THE WATER LEAKS.
MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING.
MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEM (C) DISCUSSION AND/OR APPROVAL OF THE SPECIAL USE PERMIT APPLICATION MADE BY ZELLA RONE TO OCCUPY AN EXISTING DOUBLE WIDE MOBILE HOME LOCATED AT 1210 EAST ANNA STREET. MR. CALCATERRA STATED THAT THIS MOBILE HOME IS IN GOOD CONDITION AND HE BELIEVES THE SPECIAL USE PERMIT SHOULD BE GRANTED. COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE SPECIAL USE PERMIT. 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 ITEM (D) DISCUSSION AND/OR APPROVAL OF A 90-DAY EXTENSION WITH REGARD TO THE FAÇADE GRANT AGREEMENT BETWEEN THE CITY OF BENTON AND DAVID B. GARAVALIA. MR. CALCATERRA STATED THAT THERE IS A TIMEFRAME THAT THE FAÇADE WORK HAS TO BE COMPLETED BETWEEN APPLICATION APPROVAL AND COMPLETION. MR. GARAVALIA HAS PAID MONEY TOWARDS THE PROJECT, BUT THE CONTRACTORS HAVE NOT BEEN ABLE TO START ON THE PROJECT. MR. CALCATERRA SAID HE HAD NO ISSUES WITH GIVING MR. GARAVALIA AND EXTENSION ON THIS FAÇADE GRANT APPLICATION. COMMISSIONER COCKRUM MADE A MOTION TO ALLOW A 90-DAY EXTENSION TO DAVID GARAVALIA ON HIS FAÇADE GRANT APPLICATION. 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 (E) DISCUSSION AND/OR APPROVAL OF AUTHORIZING CITY FUNDS TO REMOVE JUNK AND DEBRIS FROM 1312 EAST ANNA STREET PURSUANT TO COURT ORDER. ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT IT WOULD TAKE TWO DUMPSTERS TO CLEAN UP THE AREA REFERENCED ABOVE. THE COSTS OF THIS IS $1,200.00 FOR THE 2 DUMPSTERS. COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS. SECOND BY COMMISSIONER COCKRUM. 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 (F) DISCUSSION AND/OR APPROVAL OF AMENDING BACKFLOW PREVENTER ORDINANCE TO INCLUDE COMMERCIAL AND INDUSTRIAL PROPERTIES. MR. CALCATERRA STATED THAT WE HAVE THIS ORDINANCE FOR RESIDENTIAL PROPERTIES AND THIS WOULD JUST BE ADDING COMMERCIAL AND INDUSTRIAL PROPERTIES TO THIS. COMMISSIONER KAYS MADE THIS MOTION. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
IN MISCELLANEOUS BUSINESS, COMMISSIONER STOREY STATED THAT HE DID NOT AGREE WITH THE CITY USING A FIRETRUCK TO PUMP WATER FOR KIDS TO PLAY IN AT CAPITAL PARK FOR CHRISTMAS IN JULY OR AT THE FIREHOUSE FOR THE BACK-TO-SCHOOL BLOCK PARTY. COMMISSIONER STOREY STATED THAT THIS IS VERY HARD ON THE PUMP IN THE FIRE TRUCK AND COULD CAUSE UNNECESSARY DAMAGE AS WELL AS THE COST TO THE CITY. COMMISSIONER KAYS STATED THAT HE UNDERSTOOD DON’S COMPLAINT ABOUT THE PUMP, BUT THAT THE COSTS WERE COVERED WITH COMMUNITY EVENT FUNDS. COMMISSIONER GARAVALIA STATED THAT THE PUMP WAS ONLY USED AT THE CHRISTMAS IN JULY AS THE HOSE WAS HOOKED DIRECTLY INTO A FIRE HYDRANT FOR THE BACK-TO-SCHOOL BLOCK PARTY.
NO OLD BUSINESS.
NO NEW BUSINESS.
IN MATTERS FROM THE PUBLIC AUDIENCE, THE OWNERS OF THE PROPERTY AT 1312 EAST ANNA STREET ASKED THE COUNCIL TO RECONSIDER THE CITY CLEANING UP HER PROPERTY. THEY STATED THAT THE WEATHER HAS STOPPED THEM FROM BEING ABLE TO CLEAN UP. ATTORNEY MALKOVICH STATED THAT THEY HAVE BEEN GIVEN 4 SEASONS TO DO THIS CLEAN UP AS THE COURT ORDER WAS NOT JUST PASSED.
TOM CARTER STATED THAT IT HAS BEEN 5 YEARS SINCE THE DISBANDING OF THE AIRPORT BOARD. HE ASKED THE COUNCIL WHY NO ONE IS GOING TO THE AIRPORT TIP MEETING IN SPRINGFIELD. ATTORNEY MALKOVICH STATED THAT THE FAA HAS CHOSEN TO HOLD THIS MEETING VIA ZOOM IN THE PAST FEW YEARS AND THAT CITY OFFICIALS HAVE ATTENDED THAT WAY.
LYNETTE ING STATED THAT SHE WOULD LIKE TO THANK THE COUNCIL FOR CLEANING UP THE CITY. SHE ALSO ASKED IF THE COUNCIL WOULD CONSIDER POSSIBLY DONATING EMPTY CITY OWNED LOTS FOR TINY HOMES OR SOMETHING LIKE THAT.
COMMISSIONER STOREY 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.
6:07 P.M.
COMMISSIONER GARAVALIA MADE A MOTION TO RETURN TO REGULAR SESSION. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
7:25 P.M.
NO ACTION TAKEN AFTER EXECUTIVE SESSION.
COMMISSIONER KAYS MADE A MOTION ADJOURN THE MEETING. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 5. COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH. NAYS: 0.
7:26 P.M.
