MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD TUESDAY MAY 27, 2025 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE CAMPBELL BUILDING LOCATED AT 901 PUBLIC SQUARE, BENTON, ILLINOIS.
MAYOR MESSERSMITH CALLED THE MEETING TO ORDER. COMMISSIONER STOREY, COMMISSIONER KAYS, AND COMMISSIONER GARAVALIA, AND MAYOR MESSERSMITH WERE PRESENT FOR ROLL CALL. COMMISSIONER COCKRUM WAS ABSENT.
COMMISSIONER KAYS MADE A MOTION TO ACCEPT THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING FROM MAY 12, 2025 AS PRESENTED. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER GARAVALIA STATED THAT SHE HAD NO PURCHASE ORDERS FOR THIS MEETING. COMMISSIONER GARAVALIA TOLD THE COUNCIL THAT THE CONTRACTOR HAS ALMOST COMPLETED ALL THE REPAIRS TO THE ROOF AT TWIN OAKS.
IN THE ABSENCE OF COMMISSIONER COCKRUM, COMMISSIONER KAYS PRESENTED THE STREETS AND IMPROVEMENTS REPORT. COMMISSIONER KAYS STATED THAT THERE WERE NO PURCHASE ORDERS FOR THIS MEETING FROM THE PUBLIC WORKS DEPARTMENT.
COMMISSIONER KAYS MADE A MOTION TO APPROVE POOL ADJUSTMENTS FOR DONALD RAYMER, DAMIAN DAWSON, DUSTIN COCKE, STACY NEAL, AND LAURIE SMITH AS THEY MEET THE CRITERIA SET FORTH IN THE ORDINANCE. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER KAYS STATED THAT THERE WERE NO LAKE LOT LEASE TRANSFERS SUBMITTED FOR THIS MEETING.
COMMISSIONER KAYS MADE A MOTION TO ADVERTISE FOR ONE FULL TIME WATER DEPARTMENT LABORER, ONE PART TIME LABORER IN THE WATER DEPARTMENT, AND ONE PART TIME LABORER IN THE STREET DEPARTMENT. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER KAYS ASKED CITY ENGINEER RODNEY POTTS TO ADDRESS THE COUNCIL. MR. POTTS PRESENTED A DIAGRAM TO THE COUNCIL SHOWING THE PROPOSED LINE PLACEMENT FOR NEW WATER AND SEWER LINE ON THE WEST MAIN PROJECT. MR. POTTS STATED THAT THE CITY’S PORTION OF THE WEST MAIN PROJECT WILL BE $3,000,000.00. MR. POTTS ALSO STATED THAT THE ELECTRICITY WILL NOT BE BURIED ON THIS PROJECT UNLESS THE CITY IS WILLING TO PAY THE ENTIRE AMOUNT IT WILL COST TO DO SO. MR. POTTS ALSO STATED THAT IDOT WILL BE HAVING A BID LETTING FOR THEIR PORTION OF THE WEST MAIN PROJECT ON JANUARY 16, 2026.
- POTTS STATED THAT THE 2025 MFT PROGRAM HAS BEEN APPROVED. HE STATED THAT THERE WILL BE A BID FOR BAM, OIL AND CHIP, AND MILLING AND ASPHALT COMING UP. MR. POTTS STATED THAT THE CITY WILL BE DOING MCKENZIE STREET, MCLEANSBORO STREET, AND DUQUOIN STREET ON THE SUMMER ROAD PROGRAM.
COMMISSIONER STOREY STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING.
COMMISSIONER STOREY ASKED POLICE CHIEF CHRIS FUNKHOUSER TO SPEAK TO THE COUNCIL REGARDING ITEM (B) DISCUSSION AND/OR APPROVAL OF ADDITIONAL FLOCK CAMERA AT THE REQUEST OF THE BENTON PARK DISTRICT. CHIEF FUNKHOUSER STATED THAT HE HAD BEEN APPROACHED BY SHERIFF KYLE BACON, WHO ALSO SITS ON THE BENTON PARK DISTRICT BOARD, REGARDING THE PLACEMENT OF A FLOCK CAMERA AT THE ENTRANCE TO THE PARK. CHIEF FUNKHOUSER STATED THAT IF APPROVED BY THE CITY COUNCIL, THE PARK DISTRICT WILL COVER ALL EXPENSES INCURRED WITH THE PLACEMENT OF THIS CAMERA. COMMISSIONER STOREY MADE A MOTION TO APPROVE THE PLACEMENT OF A FLOCK CAMERA AT THE ENTRANCE TO THE BENTON PARK AT THE REQUEST OF THE BENTON PARK DISTRICT WITH ALL EXPENSES BEING COVERED BY THE PARK DISTRICT. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER STOREY PRESENTED THE MEMORANDUM OF UNDERSTANDING FROM THE FRATERNAL ORDER OF POLICE LABOR COUNCIL REPRESENTING THE POLICE OFFICERS OF THE CITY OF BENTON. THE MEMORANDUM OF UNDERSTANDING ADDRESSES RESIDENCY FOR THE OFFICERS ALLOWING THEM TO RESIDE WITHIN A 25 MILE RADIUS OF THE FRANKLIN COUNTY COURT HOUSE. COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO SEE THE LANGUAGE “AS THE CROW FLIES” TO BE REPLACED WITH “STRAIGHT LINE DISTANCE”. COMMISSIONER STOREY MADE A MOTION TO APPROVE THE MEMORANDUM OF UNDERSTANDING FROM THE FRATERNAL ORDER OF POLICE LABOR COUNCIL WITH THE CHANGE OF “AS THE CROW FLIES” TO “STRAIGHT LINE DISTANCE”. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR MAY 23, 2025 IN THE AMOUNT OF $116,404.62 FOR THE GENERAL FUND AND $25,655.63 FOR WATER AND SEWER FOR A TOTAL PAYROLL OF $142,060.25. COMMISSIONER KAYS NOTED THAT THE PAYOUT TO KYLE MELVIN IN THE AMOUNT OF $25,033.34 IS INCLUDED IN THIS TOTAL. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER KAYS MADE A MOTION TO APPROVE PURCHASE ORDER #00864 TO CONCEPTE OF ILLINOIS FOR 19 NEW EMAILS AND MIGRATION OF OLD EMAILS IN THE AMOUNT OF $912.00 WITH AN ANNUAL BILLING OF $48.00 PER ACCOUNT. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO DISCUSSION ITEM (C) DISCUSSION AND/OR APPROVAL OF LIUNA 773 CONTRACT IN EXECUTIVE SESSION.
COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO MAKE A MOTION AMENDING THE PAY RESOLUTION FOR THE NONCONTRACTUAL, NONUNION EMPLOYEES CORRECTING AN ERROR. COMMISSIONER KAYS STATED THAT ONE OF THE CELLS IN THE SPREADSHEET GAVE A LARGE THAN AGREED UPON RAISE TO ONE EMPLOYEE. COMMISSIONER KAYS MADE A MOTION TO AMEND THIS RESOLUTION CORRECTING THE ERROR. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
ATTORNEY MALKOVICH STATED THAT HE HAD NO UPDATES OR ITEMS FOR DISCUSSION AT THIS MEETING.
MAYOR MESSERSMITH STATED THAT IN UPDATES, HE WOULD LIKE THE CITIZENS TO KNOW THAT THE COUNCIL EXPLORING WHERE THE NEW HOME FOR CITY HALL WILL BE.
MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING.
MAYOR MESSERSMITH STATED THAT HE WOULD LIKE APPROVAL TO BEGIN THE DISCUSSION OF CLOSING THE FIRST STREET RAILROAD CROSSING. HE STATED THAT HE HAD BEEN APPROACHED BY THE ICC REGARDING CLOSURE OF THIS RAILROAD CROSSING. THIS IS A SIX TO NINE MONTH PROCESS. MAYOR MESSERSMITH STATED THAT THE RAILROAD IS WILLING TO PAY UP TO $200,000.00 TO CLOSE THIS CROSSING. COMMISSIONER KAYS STATED THAT THIS MONEY WILL BE USED FOR PUBLIC WORKS PROJECTS AND THAT THE CONTRACT EVEN SPECIFIED THAT A LARGE PORTION OF THIS MONEY HAS TO BE USED FOR PUBLIC WORKS. COMMISSIONER STOREY MADE A MOTION TO APPROVE BEGINNING THE DISCUSSION OF CLOSING THE FIRST STREET RAILROAD CROSSING. SECOND BY COMMISSIONER KAYS. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
MAYOR MESSERSMITH STATED THAT HE HAD SPOKEN WITH ARCHITECHNIQUE ENGINEER STEVE SIMS REGARDING THE POSSIBILITIES OF A NEW HOME FOR CITY HALL. MAYOR MESSERSMITH STATED THAT THE ENGINEER WAS GIVEN FOUR OPTIONS FOR POSSIBLE RELOCATION. IN THE OPINION OF MR. SIMS, THE FIRST CHOICE WOULD BE THE JUVENILE DETENTION CENTER, THE SECOND CHOICE WOULD BE THE TROUT, POPPIT, AND WARNER LAW OFFICES, THIRD WOULD BE AN ADDITION TO THE POLICE STATION, AND FOURTH WOULD BE A NEW BUILD. MAYOR MESSERSMITH STATED THAT WE COULD NOT AFFORD THE NEW BUILDING AS IT WOULD COME IN OVER $3,000.000.00 WITHOUT THE COST OF ACQUIRING LAND TO BUILD ON. MAYOR MESSERSMITH ALSO STATED THAT THE ADDITION TO THE POLICE DEPARTMENT WAS NOT REALLY A FEASIBLE PLAN. MAYOR MESSERSMITH STATED THAT MR. SIMS WOULD LIKE PERMISSION TO DO A MORE EXTENSIVE FEASIBILITY STUDY ON THE JUVENILE DETENTION CENTER AND THE TROUT, POPPIT, AND WARNER LAW OFFICES TO SEE WHICH WOULD BE THE BEST OPTION FOR MOVING FORWARD. COMMISSIONER KAYS STATED THAT HE DOES NOT WANT TO MOVE FORWARD WITH THIS AS HE FEELS THAT “WE ARE HOME” IN OUR CURRENT LOCATION. COMMISSIONER KAYS MADE A MOTION TO TABLE APPROVAL OF THE FEASIBILITY STUDY. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
MAYOR MESSERSMITH STATED THAT ZONING ADMINISTRATOR BRIAN CALCATERRA WOULD LIKE TO DESIGNATING APPROXIMATELY 3.3 ACRES OF LAND ADJACENT TO LAKE BENTON AS SURPLUS PROPERTY. MR. CALCATERRA STATED THAT THIS IS NOT LAKE FRONT PROPERTY. COMMISSIONER KAYS MADE THIS MOTION. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
NO MISCELLANEOUS BUSINESS.
IN OLD BUSINESS, COMMISSIONER STOREY 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. HE SAID THERE SEEMS TO BE AN ACCUMULATION OF JUNK AND IT IS JUST PITIFUL. COMMISSIONER STOREY ALSO STATED THAT HE IS SEEING AN UPTICK IN ILLEGAL BURNS AND WOULD LIKE US TO START WRITING MORE TICKETS FOR THINGS LIKE THIS. ALSO IN OLD BUSINESS, MAYOR MESSERSMITH STATED THAT HE WOULD LIKE TO REVISIT THE CONFLICT OF INTEREST ORDINANCE IN THE NEAR FUTURE AS HE WAS NOT AT THE MEETING WHERE THE ORDINANCE WAS PASSED.
IN NEW BUSINESS, COMMISSIONER KAYS STATED THAT HE HAD RECEIVED THE IDOT PROJECT LIST. HE STATED THAT RESURFACING OF ROUTE 14 FROM ROUTE 37 TO HAMILTON COUNTY WILL BE THE FIRST PROJECT IN OUR AREA FOLLOWED BY THE START OF THE WEST MAIN PROJECT. COMMISSIONER KAYS STATED THAT THE WORK ON THE BENTON PUBLIC SQUARE WILL BEGIN IN MARCH. THE ADDITION OF A BIKE LANE ON ROUTE 37 IS SLATED TO BEGIN IN 2028 AND REPAIRS OF EAST MAIN FROM THE PUBLIC SQUARE TO BROWN STREET IS SLATED TO BEGIN IN 2029. COMMISSIONER KAYS STATED THAT THE FUNDING OF THE CITY’S PORTION OF THESE PROJECTS WILL NEED TO COME THROUGH A SALES TAX GEARED TOWARD INFRASTRUCTURE.
IN MATTERS FROM THE PUBLIC AUDIENCE, LOUIS GIROUX SPOKE BEFORE THE COUNCIL. HE STATED THAT HIS DAUGHTER LIVES AT 406 SOUTH COMMERCIAL STREET. HE STATED THAT SOMETHING NEEDS TO BE DONE ABOUT 404 NORTH COMMERCIAL. MR. GIROUX STATED THAT THE HOME HAS NO WINDOWS, HAS HAD A FIRE, THERE IS GARBAGE EVERYWHERE, AND HE BELIEVES THERE IS DRUG ACTION IN THE HOUSE TOO. MR. GIROUX STATED THAT BENTON IS TURNING INTO SEATTLE.
BARBRA FREELS SPOKE TO THE COUNCIL. SHE STATED THAT SHE IS ALSO A RESIDENT OF 400 BLOCK OF SOUTH COMMERCIAL. SHE STATED THAT HER HOME HAS BEEN BROKEN INTO AND THAT SHE WAS TOLD THAT SHE NEEDED TO GET AN ORDER OF PROTECTION SO THAT SOMETHING COULD BE DONE IF IT HAPPENED IN THE FUTURE. MRS. FREELS TOLD THE COUNCIL SHE IS SCARED WHILE IN HER HOME BECAUSE OF THE NEIGHBORS. MS. FREELS STATED THAT SHE WILL BE BACK AT MEETINGS IN THE FUTURE UNTIL THE COUNCIL CAN GET SOMETHING DONE ABOUT THESE ISSUES.
COMMISSIONER KAYS 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. COMMISSIONER KAYS ALSO STATED THAT THERE WILL BE NO ACTION TAKEN AFTER EXECUTIVE SESSION THIS EVENING. SECOND BY COMMISSIONER STOREY. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
6:16 P.M.
COMMISSIONER STOREY MADE A MOTION TO RETURN TO REGULAR SESSIONS. SECOND BY COMMISSIONER GARAVALIA. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
6:34 P.M.
NO ACTION WAS TAKEN.
COMMISSIONER STOREY MADE A MOTION TO ADJOURN. SECOND BY COMMISSIONER COCKRUM. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER STOREY, COMMISSIONER GARAVALIA, COMMISSIONER KAYS, AND MAYOR MESSERSMITH. NAYS: 0.
6:35 P.M.