CITY COUNCIL MEETING MINUTES — NOVEMBER 13, 2023

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY NOVEMBER 13, 2023 AT 5 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 1403 SOUTH MAIN STREET BENTON, ILLINOIS.

 

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

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD ON MONDAY OCTOBER 23, 2023, HELD AT 5 P.M.  SECONDED BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

THERE WAS NO BUSINESS FOR PUBLIC PROPERTIES THIS EVENING. 

 

COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS, POOL ADJUSTMENTS, OR LAKE LOT LEASE TRANSFERS FOR APPROVAL AT THIS MEETING. 

 

COMMISSIONER COCKRUM MADE A MOTION TO APPROVE RESOLUTION 23-19 FOR STREET CLOSURE FOR THE HOMETOWN CHRISTMAS CELEBRATION ON 11/25/2023.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

COMMISSIONER COCKRUM STATED THAT THE WASTENA STREET PROJECT HAS MADE GOOD STRIDES DUE TO THE NICE WEATHER WE HAVE HAD AND HE EXPECTS THE ROAD TO BE REOPENED SOON.  COMMISSIONER COCKRUM STATED THAT THE MILL AND OVERLAY PROJECT ON WHISPER WAY HAS BEEN COMPLETED AND THAT CONCRETE HAS BEEN POURED AT THE SPILLWAY ON BENTON LAKE.  COMMISSIONER COCKRUM ALSO STATED THAT THE PATCHING ON EAST MAIN STREET HAS BEEN DONE. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00397 TO MUNICIPAL EMERGENCY SERVICES FOR 6 FIRE HELMETS IN THE AMOUNT OF $368.00 A PIECE FOR A TOTAL OF $2,208.00.  THIS REPLACES 6 OUT OF DATE HELMETS AND IS ORDER 2 OF 3.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00119 TO CELLEBRITE INC. FOR CELL PHONE FORENSICS TRAINING IN THE AMOUNT OF $4,915.00.  THIS IS TO BE PAID FROM THE IMPOUND FUND.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

COMMISSIONER STOREY MADE A MOTION TO ACCEPT THE RESIGNATION OF SHANE COCKRUM FROM THE WEST FRANKLIN COUNTY CENTRAL DISPATCH BOARD BECAUSE CHIEF COCKRUM CANNOT ATTEND THE MEETINGS ON THE DAYS THEY ARE SCHEDULED.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

COMMISSIONER STOREY MADE A MOTION TO APPOINT CHRIS FUNKHOUSER TO THE WEST FRANKLIN COUNTY CENTRAL DISPATCH BOARD AS A REPRESENTATIVE FOR THE CITY OF BENTON.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

COMMISSIONER STOREY MADE A MOTION TO SUPPLY A CELL PHONE TO THE OFFICER THE CITY OF BENTON HAS ON THE DRUG TASK FORCE FOR WORK USE.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

COMMISSIONER STOREY ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (E) DISCUSSION AND/OR APPROVAL OF NEW DISPATCH SERVICE AGREEMENT.  ATTORNEY MALKOVICH STATED THAT THE AGREEMENT BETWEEN WEST FRANKLIN COUNTY CENTRAL DISPATCH AND THE CITY OF BENTON IS SET TO EXPIRE THIS MONTH.  HE ASKED FOR A MOTION ALLOWING CHIEF CHRIS FUNKHOUSER AND COMMISSIONER DON STOREY TO NEGOTIATE A NEW SERVICE AGREEMENT FOR 2 YEARS WITH A LOCKED IN PRICE.  COMMISSIONER KAYS MADE THAT MOTION.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL DATED 10/27/2023 FOR GENERAL FUND IN THE AMOUNT OF $75,047.18 AND WATER AND SEWER IN THE AMOUNT OF $25,179.71 FOR A TOTAL OF $100,226.89.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL DATED 11/09/2023 FOR GENERAL FUND IN THE AMOUNT OF $73,028.32 AND WATER AND SEWER IN THE AMOUNT OF $24,637.20 FOR A TOTAL OF $97,665.52.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

COMMISSIONER KAYS STATED THAT HE HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING. 

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE BILLS FOR PAYMENT ON 11/13/2023 IN THE AMOUNT OF $952,902.62.  COMMISSIONER KAYS STATED THAT THE BILLS BROKE DOWN AS SUCH: I-57 INTERCHANGE $32,436.01, TIF $160,907.82, MFT $67,367.46, AND AP FUND $691,891.33.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE FIRST FINANCIAL POSITIVE PAY SYSTEM TO FIGHT CHECK FRAUD ON OUR ACCOUNTS PAYABLE FUND IN THE AMOUNT OF $40.00 PER MONTH.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

COMMISSIONER KAYS STATED THAT HE HAD PREVIOUSLY ASKED TO LOOK INTO ESTABLISHING A TOBACCO TAX ORDINANCE IN THE CITY OF BENTON.  COMMISSIONER KAYS STATED THAT DURING RESEARCH IT WAS FOUND THAT THE CITY OF BENTON IS NOT ELIGIBLE FOR THIS UNDER HOME RULE. 

 

COMMISSIONER KAYS MADE A MOTION TO APPROVE THE HEALTH INSURANCE RATES FOR EMPLOYEES FOR 2024.  COMMISSIONER KAYS STATED THAT THERE WAS AN INCREASE OF 10.54% IN OUR RATE, BUT THAT THIS WAS NOT A BAD INCREASE COMPARED TO WHAT IT COULD HAVE BEEN.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

COMMISSIONER KAYS STATED THAT HE AND TREASURER LISA MENO ARE WORKING ON A PURCHASE ORDER POLICY AS WHAT THE CITY CURRENTLY FOLLOWS IS NOT IN WRITING.  COMMISSIONER KAYS URGED COMMISSIONERS AND DEPARTMENT HEADS TO MAKE SURE PURCHASE ORDERS ARE BEING FILLED OUT AS HE IS SEEING MORE AND MORE BILLS WITHOUT PURCHASE ORDERS THAT ARE OVER THE CURRENT $500.00 THRESHOLD REQUIRED FOR A PURCHASE ORDER. 

 

NO UPDATES FROM ATTORNEY MALKOVICH FOR THIS MEETING. 

 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00493 TO ALVERSON SOUND INC FOR A 32 FOOT BY 24-FOOT MOBILE STAGE WITH LIGHTS AND SOUND FOR THE 2024 ECLIPSE CONCERT IN THE AMOUNT OF $5495.00.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00492 TO ACTION ENTERTAINMENT AS A DEPOSIT FOR CONFEDERATE RAILROAD TO PLAY A CONCERT FOR THE 2024 ECLIPSE WEEKEND.  THIS DEPOSIT WAS IN THE AMOUNT OF $2,500.00.  COMMISSIONER STOREY MADE THIS MOTION.  SECOND BY COMMISSIONER KAYS.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

MAYOR MESSERSMITH STATED THAT THE CITY WILL BE HOSTING A HOMETOWN CHRISTMAS ON NOVEMBER 25, 2023 AND HE WOULD LIKE TO APPROVE PURCHASE ORDER #00495 TO KENNETH AND RUTH MATEYCAK FOR A SANTA AND MRS. CLAUS APPEARANCE IN THE AMOUNT OF $125.00.  COMMISSIONER STOREY MADE THIS MOTION.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE PURCHASE ORDER #00494 TO ASCENT AVIATION FOR 7,937 GALLONS OF AVIATION GASOLINE IN THE AMOUNT OF $33,936.73 FOR RESALE.  COMMISSIONER COCKRUM MADE THIS MOTION.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

MAYOR MESSERSMITH ASKED ATTORNEY MALKOVICH TO HANDLE ITEM (C) DISCUSSION AND/OR APPROVAL TO AMEND 12-1-5 (A) OF THE REVISED CODE OF ORDINANCES, DEFINITION OF PART-TIME EMPLOYEES.  ATTORNEY MALKOVICH STATED THAT THIS WOULD CLEAN UP THIS SECTION OF ORDINANCES BY DEFINING EMPLOYMENT CLASSIFICATIONS FOR THE CITY OF BENTON.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE ORDINANCE #23-17 AMENDING 12-1-5 (A) OF THE REVISED CODE OF ORDINANCES, DEFINITION OF PART-TIME EMPLOYEES.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO APPROVE THE LIST OF 2024 MEETING TIMES AS PRESENTED IN THE COMMISSIONER’S PACKETS.  COMMISSIONER KAYS STATED THAT HE HAS A FEW QUESTIONS ABOUT THE SOME OF THE DATE CHANGES.  COMMISSIONER KAYS STATED THAT HE SAW NO REASON TO CHANGE THE MEETING DATES OF JANUARY 22, 2024 AND OCTOBER 14, 2024 AND THAT HE HOPED THEY WERE NOT BEING DONE DUE TO ONE MEMBER OF THE COUNCIL.  MAYOR MESSERSMITH STATED THAT HE FELT MOVING THESE MEETINGS WOULD GIVE THE PUBLIC A BETTER CHANCE TO ATTEND.  COMMISSIONER KAYS STATED THAT INSTEAD OF MOVING THE MEETINGS HE WOULD LIKE TO ENTERTAIN STREAMING THE MEETINGS ON FACEBOOK LIVE SO PEOPLE THAT GET OFF WORK AT 4:30 P.M. OR 5 P.M. COULD ATTEND VIRTUALLY.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE MEETING TIMES AS INITIALLY PRESENTED.  NO SECOND WAS RECEIVED.  MAYOR MESSERSMITH STATED THAT HE WAS FINE WITH NOT MOVING THE JANUARY AND OCTOBER MEETINGS IN QUESTION.  COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE MEETING TIMES WITH THE AMENDMENT OF JANUARY AND OCTOBER MEETINGS.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

MAYOR MESSERSMITH PRESENTED A LIST OF HOLIDAYS THAT CITY HALL WILL BE CLOSED IN 2024.  COMMISSIONER KAYS MADE A MOTION TO ACCEPT THE 2024 HOLIDAYS FOR CITY HALL.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

MAYOR MESSERSMITH ASKED BRIAN CALCATERRA TO PRESENT ITEM (F).   ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT CODE ENFORCEMENT OFFICER CODY WILLIFORD HAS BEEN HIRED FULL TIME BY THE BENTON WATER DEPARTMENT AND THEREFORE LEAVING AN OPENING AS CODE ENFORCEMENT OFFICER.  MR. CALCATERRA STATED THAT HE FEELS THIS POSITION SHOULD BE MADE FULL TIME.  MR. CALCATERRA PRESENTED THE COUNCIL WITH FIGURES SHOWING HOW IF HOME INSPECTIONS WERE DONE ON EVERY NEW WATER HOOK UP, THE ADDITION OF A FULL-TIME EMPLOYEE ALONG WITH WHAT WE WERE PAYING MR. WILLIFORD COULD BE A WASH.  COMMISSIONER KAYS ASKED IF THE COUNCIL WAS AWARE THAT ADDING A FULL-TIME EMPLOYEE NOT ONLY ADDED MORE SALARY, BUT A BENEFIT PACKAGE AS WELL INCLUDING HEALTH INSURANCE.  COMMISSIONER STOREY MADE A MOTION TO APPROVE THE HIRING OF A CODE ENFORCEMENT ADMINISTRATOR.  SECOND BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.

 

THERE WAS NO MISCELLANEOUS BUSINESS. 

 

THERE WAS NO OLD BUSINESS.

 

IN NEW BUSINESS, COMMISSIONER STOREY STATED THAT THERE HAVE BEEN MULTIPLE FIRE DEPARTMENT CALLS FOR ILLEGAL BURNS THIS FALL.  COMMISSIONER STOREY STATED THAT CURRENTLY THERE IS NO PENALTY TO THIS, BUT HE WOULD LIKE TO WORK TOWARDS POSSIBLY WRITING TICKETS AFTER BEING CALLED TO THE SAME RESIDENCE MORE THAN 2 TIMES.  COMMISSIONER KAYS STATED THAT HE RECALLED COMMISSIONER GARAVALIA DISCUSSING THIS A FEW MEETINGS BACK. 

 

NO MATTERS OF FROM THE PUBLIC AUDIENCE. 

 

 

 

COMMISSIONER STOREY MADE A MOTION TO ADJOURN THE MEETING.  SECONDED BY COMMISSIONER COCKRUM.  VOTE WAS TAKEN.  YEAS: 4.  COMMISSIONER KAYS, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.  NAYS: 0.  

 

6:00 P.M.