MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY MAY 12, 2025 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE CAMPBELL BUILDING LOCATED AT 901 PUBLIC SQUARE, BENTON, ILLINOIS.
COMMISSIONER KAYS CALLED THE MEETING TO ORDER. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER KAYS, AND COMMISSIONER GARAVALIA WERE PRESENT FOR ROLL CALL. MAYOR MESSERSMITH WAS ABSENT.
COMMISSIONER KAYS MADE A MOTION TO ACCEPT THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING FROM APRIL 28, 2025 AS PRESENTED. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
COMMISSIONER KAYS MADE A MOTION TO ACCEPT THE MINUTES OF THE PUBLIC HEARING FOR THE PROPOSED FISCAL YEAR 2025/2026 BUDGET FROM APRIL 28, 2025 AS PRESENTED. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
COMMISSIONER GARAVALIA STATED THAT SHE HAD NO PURCHASE ORDERS FOR THIS MEETING. COMMISSIONER GARAVALIA TOLD THE COUNCIL THAT THE CONTRACTOR IS WAITING ON MATERIALS FOR THE REPAIRS TO THE ROOF AT TWIN OAKS.
COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE POOL ADJUSTMENT APPLICATION FOR KELLI SULLIVAN. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE POOL ADJUSTMENT APPLICATION FOR DAVID HURLEY. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
COMMISSIONER COCKRUM STATED THAT HE HAD NO LAKE LOT LEASE TRANSFERS FOR THIS MEETING.
COMMISSIONER COCKRUM STATED THAT HE HAD A MEETING WITH IDOT AND THE CITY AND COUNTY ENGINEERS LAST WEEK. HE STATED THAT HE WOULD BE BRINGING UPDATES ON UPCOMING PROJECTS TO THE NEXT COUNCIL MEETING.
COMMISSIONER STOREY PRESENTED PURCHASE ORDER #00434 TO DAVE SCHMIDT FOR REPAIRS TO ENGINE #803 IN THE AMOUNT OF $5,467.92. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
COMMISSIONER STOREY MADE A MOTION TO APPROVE TESTING FOR THE FIRE DEPARTMENT TO FORM A LIST OF PEOPLE ELIGIBLE FOR HIRING. HE STATED THAT WE HAVE TO HAVE A LIST AT ALL TIMES. COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO SEE THE POLICE AND FIRE DO THEIR TESTING AT THE SAME TIME IN THE FUTURE AND WOULD LIKE TO SET A DATE FOR THAT LATER ON IN THE FALL. COMMISSIONER KAYS SECONDED THE MOTION MADE BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
COMMISSIONER STOREY MADE A MOTION TO EXTEND THE RESIDENCY REQUIREMENTS FOR POLICE OFFICERS TO 25 MILES AROUND THE CENTER OF THE CITY. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
COMMISSIONER STOREY STATED THAT HE HAD OFFICIALLY RECEIVED A RESIGNATION FROM INVESTIGATOR KYLE MELVIN. NO FURTHER ACTION WAS NEEDED ON THIS RESIGNATION.
COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR MAY 9, 2025 IN THE AMOUNT OF $89,738.80 FOR GENERAL FUND AND $24,189.97 FOR WATER AND SEWER FOR A TOTAL PAYROLL OF $113,928.67. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
COMMISSIONER KAYS PRESENTED BILLS FROM THE AP FUND IN THE AMOUNT OF $314,687.81, COMMUNITY EVENTS IN THE AMOUNT OF $2,788.00, AND MFT IN THE AMOUNT OF $20,791.25 FOR A TOTAL BILL AMOUNT OF $338,267.06. COMMISSIONER GARAVALIA MADE A MOTION TO PAY THESE BILLS. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 3. COMMISSIONER COCKRUM, COMMISSIONER STOREY, AND COMMISSIONER GARAVALIA. NAYS: 0. COMMISSIONER KAYS ABSTAINED DUE TO HAVING A REIMBURSEMENT FOR HIMSELF IN THE BILLS.
ATTORNEY MALKOVICH STATED THAT HE HAD NO UPDATES OR ITEMS FOR DISCUSSION AT THIS MEETING.
IN THE ABSENCE OF MAYOR MESSERSMITH, ATTORNEY MALKOVICH STATED THAT HE WOULD HANDLE THE PUBLIC AFFAIRS REPORT.
ATTORNEY MALKOVICH STATED THAT THE COUNCIL RECEIVED A Q & A ABOUT ELECTRIC AGGREGATION IN THEIR PACKET FROM SIMEC. HE STATED THAT SIMEC SECURED A RATE OF 11.76 CENTS PER KILOWATT-HOUR FOR THE NEXT 12 MONTHS. HE STATED THAT IF CITIZENS WOULD LIKE TO STAY WITH HOMEFIELD, NO ACTION IS NEEDED, BUT THAT IF THEY WOULD LIKE TO OPT OUT, THEY WILL NEED TO DO SO. ATTORNEY MALKOVICH STATED THAT THERE WERE COPIES AVAILABLE ON THE BACK TABLE IN THE COUNCIL ROOM IF ANYONE IN THE AUDIENCE WOULD LIKE A COPY.
ATTORNEY MALKOVICH STATED THAT MAYOR MESSERSMITH HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING.
ATTORNEY MALKOVICH ASKED FOR A MOTION TO TABLE ITEM (C) DISCUSSION AND/OR APPROVAL OF CLOSING THE FIRST STREET RAILROAD CROSS. COMMISSIONER COCKRUM MADE THIS MOTION. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
IN MISCELLANEOUS BUSINESS, FIRE CHIEF SHANE COCKRUM STATED THAT FIRE HYDRANT TESTING HAS STARTED. HE STATED THAT THE AVERAGE AGE OF OUR FIRE HYDRANTS IS FROM 1962 TO 1976, HE STATED THAT THERE HAVE BEEN APPROXIMATELY 110 HYDRANTS THAT HAVE BEEN TOUCHED AT THIS TIME. HE STATED THAT A PSA WOULD BE RELEASED THROUGH CITY HALL REGARDING THE TESTING THIS WEEK. HE STATED THAT THE WATER COLOR COULD BE BROWNISH AND IT MAY AFFECT CLOTHES WASHING.
IN OLD BUSINESS, COMMISSIONER STOREY ASKED THAT CITIZENS BE REMINDED NOT TO BLOW THEIR GRASS IN TO THE STREETS. HE ALSO STATED THAT THERE ARE A LOT OF GENERATORS IN USE IN TOWN WHERE THERE IS NO POWER OR WATER AT A HOME. COMMISSIONER STOREY ALSO STATED HE IS SEEING MORE AND MORE CAMPERS BEING LIVED IN IN THE CITY LIMITS.
NO NEW BUSINESS.
IN MATTERS FROM THE PUBLIC AUDIENCE, A CITIZEN WHO LIVES AT 307 SOUTH DUQUOIN STATED THAT THERE IS GRASS OUT OF CONTROL AT THE NEIGHBOR’S HOUSE AND THAT A TREE HAS FALLEN ON HIS GARAGE FROM THEIR PROPERTY. COMMISSIONER COCKRUM STATED THAT THIS WOULD BE LOOKED INTO.
ALSO, IN MATTERS FROM THE PUBLIC AUDIENCE, PAULA ARPASI SPOKE. MRS. ARPASI STATED THAT SHE HER FAMILY HAS OWNED A REAL ESTATE BUSINESS FOR 33 YEARS AND THAT SHE HAS WORKED THERE HERSELF FOR 22 YEARS. SHE STATED THAT SHE HAS BEEN SERVING ON THE ZONING AND PLANNING COMMISSION FOR THE CITY OF BENTON, BUT THAT SHE RECEIVED AN EMAIL 2 DAYS BEFORE THE LAST SCHEDULED MEETING STATING THAT SHE WAS NO LONGER ON THE BOARD AS HER APPOINTMENT WAS UP. SHE STATED THAT SHE ALSO RECEIVED A COPY OF ORDINANCE #25-01 REGARDING CONFLICTS OF INTEREST. COMMISSIONER KAYS STATED THAT THERE IS A FINANCIAL CONFLICT OF INTEREST HAVING A REALTOR WHO IS PROFITING FROM DECISIONS MADE ON THE BOARD TO BE ON THE BOARD. COMMISSIONER KAYS ALSO STATED THAT THIS IS A PROACTIVE PROCESS AND NOT A REACTIVE PROCESS. EH STATED THAT RECUSAL DOESN’T HAPPEN OFTEN AND THAT 66% OF THE BUSINESS OF THE ZONING AND PLANNING COMMISSIONER REVOLVES AROUND THE SALE OF REAL ESTATE. MRS. ARPASI ASKED THE COUNCIL TO RECONSIDER AND TO AMEND THE ORDINANCE.
LAUREN JOHNSON ADDRESSED THE COUNCIL. SHE STATED THAT SHE IS A LENDER AND BELIEVES THAT HAVING LENDERS AND REALTORS ON THE BOARD IS A GOOD THING AS THEY BRING KNOWLEDGE TO THE BOARD. SHE ASKED HOW SURVEYING IS NOT A CONFLICT OF INTEREST. MRS. JOHNSON ALSO STATED THAT MARION HAS A LENDER ON THE ZONING AND PLANNING COMMISSIONER AND THAT IN ST. LOUIS, THEIR BOARD REQUIRES A REAL ESTATE AGENT TO SIT ON THE BOARD.
THERESA BATES CAME BEFORE THE COUNCIL. MS. BATES THAT THAT SHE HAS BEEN SECRETARY FOR THE ZONING AND PLANNING COMMISSIONER FOR THE LAST 4 YEARS. SHE PASSED OUT A LETTER TO THE COUNCIL AND A COPY OF THE EMAIL THAT SHE RECEIVED FROM ZONING ADMINISTRATOR BRIAN CALCATERRA STATING THAT SHE WAS NOT BEING REAPPOINTED TO THE BOARD. MS. BATES STATED THAT SHE WAS NOT ANGRY THAT SHE HAD NOT BEEN REAPPOINTED, BUT THAT SHE WAS DISAPPOINTED. SHE STATED THAT SHE FELT LIKE BEING NOTIFIED ON SHORT NOTICE THROUGH EMAIL WAS UNPROFESSIONAL.
PAUL COONS SPOKE TO THE COUNCIL. HE STATED THAT HE BELIEVED THE COUNCIL WAS NOT RIGHT IN PROHIBITING PROFESSIONAL PEOPLE FROM BEING ON THE ZONING AND PLANNING COMMISSIONER. MR. COONS ASKED COMMISSIONER KAYS WHAT PROVOKED HIM TO SPEARHEAD THIS ORDINANCE. COMMISSIONER KAYS STATED THAT HE RAN FOR CITY COUNCIL TO COMBAT NEPOTISM AND CONFLICTS OF INTEREST. MR. COONS STATED THAT HIS DAUGHTER, PAULA ARPASI HAS ABSTAINED WHEN SHE WAS INVOLVED PERSONALLY WITH SITUATIONS. MR. COONS STATED THAT HE BELIEVES THE PASSAGE OF THIS ORDINANCE WAS TOTALLY WRONG AND HE ASKS THAT IT BE REPEALED. HE SAID THAT IT HURTS HIM VERY DEEPLY BECAUSE THEY FEEL PEOPLE DON’T THINK THEY ARE ETHICAL PEOPLE AND THAT THEY JUST WANT TO SEE THIS COMMUNITY GROW. MR. COONS STATED THAT HE KNOWS THE CITY RECEIVED MONEY FROM THE EGYPTIAN BOARD OF REALTORS TO HELP WITH MALKOVICH PARK. HE STATED THAT IF THE COUNCIL DOES NOT REPEAL THIS ORDINANCE, HE WILL MAKE SURE THAT THE CITY OF BENTON GETS NO MORE MONEY FROM THE EGYPTIAN BOARD OF REALTORS IN THE FUTURE.
JONATHON NEACE APPROACHED THE COUNCIL. MR. NEACE STATED THAT HE IS VICE CHAIR OF THE ZONING AND PLANNING COMMISSION. HE STATED HE WAS AT THE MEETING TO ASK THE BOARD TO CHANGE THIS ORDINANCE. HE STATED THAT UPON RESEARCH HE FOUND THAT MT. VERNON AND CARBONDALE ILLINOIS BOTH HAVE BOARDS THAT FILL OUT FORMS FOR CONFLICT OF INTERESTS THAT ARE SUBMITTED TO ANOTHER BOARD FOR REVIEW BEFORE MEETINGS HAPPEN. MR. NEACE ALSO STATED THAT DON BROWNING SERVED AS CHAIR OF THE ZONING AND PLANNING COMMISSION FOR 7-8 YEARS AND THAT HE WAS A REAL ESTATE AGENT DURING THAT TIME.
ON ANOTHER NOTE, MR. NEACE ASKED COMMISSIONER COCKRUM TO CHECK 4TH STREET FOR A SUNKEN SPOT THAT IS 4-6 INCHES DEEP.
MRS. BATES ADDRESSED THE COUNCIL ONE MORE TIME AND STATED THAT SHE WOULD LIKE TO CHALLENGE PEOPLE TO ATTEND A ZONING AND PLANNING COMMISSION MEETING SO THEY CAN SEE WHAT THE BOARD DOES.
COMMISSIONER STOREY MADE A MOTION TO ADJOURN. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER COCKRUM, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND COMMISSIONER KAYS. NAYS: 0.
5:43 P.M.
