CITY OF BENTON
CITY COUNCIL MEETING MINUTES
May 11, 2026 — 5:00 P.M.
Council Chambers, Campbell Building
901 Public Square, Benton, Illinois 62812
CALL TO ORDER
The meeting was called to order at 5:00 p.m. The Pledge of Allegiance was recited.
ROLL CALL
Present: Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, and Mayor Messersmith.
Absent: None.
READING AND APPROVAL OF MINUTES
Commissioner Kays presented the minutes from the April 27, 2026 regular meeting, which also included minutes from the public hearing on the budget. No corrections were noted.
Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Garavalia.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
PUBLIC PROPERTY REPORT — Commissioner Storey
- Resignation of Chris Kirkpatrick – Mowing
Commissioner Storey reported that Chris Kirkpatrick submitted a letter requesting reimbursement for flat tires and gas from mowing for the City of Benton. Commissioner Storey declined the request, noting a similar request was denied previously. Commissioner Storey treated the communication as a letter of full resignation. City Attorney Malkovich confirmed the motion was for full resignation, not merely acceptance of the letter’s contents.
Motion: Commissioner Storey moved to accept the full resignation of Chris Kirkpatrick from mowing for the City of Benton. Seconded by Commissioner Cockrum.
Vote: Yeas: 4 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Mayor Messersmith. Nays: 1 — Commissioner Kays. Motion carried.
- Mowing Bid — Award to David Booker
Commissioner Storey recommended awarding the city mowing work to David Booker, citing satisfactory past performance, at the same price as his previously submitted bid. A two-year agreement (not a contract) was proposed at no additional cost. Mr. Booker confirmed the pricing.
Motion: Commissioner Storey moved to award the mowing to David Booker under a two-year agreement at the previously bid price. Second by Commissioner Cockrum.
Vote: Yeas: 4 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Mayor Messersmith. Nays: 1 — Commissioner Kays. Motion carried.
WATER, SEWER, STREETS & IMPROVEMENTS — Commissioner Cockrum
- Purchase Order — 158 Super Loader Backhoe ($145,000.00)
Commissioner Cockrum presented a purchase order for a 158 Super Loader Backhoe from Diamond at a cost of $145,000.00. He acknowledged the item was not included in the current budget. Commissioner Kays expressed concern that the purchase was unbudgeted and the city is only 11 days into the fiscal year, noting a budget amendment would be required within the first quarter. He suggested exploring used equipment or taking additional time to evaluate the purchase. Commissioner Cockrum noted the existing backhoe has over 5,000 hours and has experienced repeated breakdowns. Concern was raised that the price may increase within weeks.
No action taken. The item was tabled for further review, with Finance Commissioner Kays to follow up within one to two meetings.
- Pool Adjustments
None.
- Lake Lot Lease Transfers
None.
- Hire — Seasonal Public Works Employee (Kaden Beadle)
Commissioner Cockrum reported that a previous part-time hire for the Public Works Department did not work out, having reported to work only once. He recommended hiring Kaden Beadle as the seasonal public works employee. Public Works Director Dailus Richardson conducted the interview and expressed confidence in the candidate.
Motion: Commissioner Cockrum moved to hire Kaden Beadle as the seasonal public works employee. Seconded by Commissioner Storey.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
PUBLIC HEALTH AND SAFETY — Commissioner Garavalia
- Police Department Report
Commissioner Garavalia noted the police department recorded 836 calls for the reporting period, which is up considerably. Council members noted they had not received copies of the report. Commissioner Garavalia indicated copies would be distributed and the numbers revisited at the next meeting.
- Purchase Orders
None.
- Items Referred to Executive Session
Commissioner Garavalia requested that the following items be discussed in executive session:
- Discussion and/or approval to authorize the merit board to prepare a probationary firefighter candidate for hire
- Discussion and/or approval of a 60-day appointment of a firefighter
- Discussion and/or approval of a safety stipend for paid on-call firefighters
- Discussion and/or approval of agreement with West City for fire protection
- Public Comment Before Action Items (Item 6F)
Commissioner Garavalia again brought before the council a proposal to add a public comment period specifically for action items, allowing residents to address the council before votes are taken. She noted that many municipalities offer this opportunity, and that in at least one instance her vote would have been different had she heard public comment prior to a vote. She clarified she was not proposing to simply move the existing public comment period, but to add a second, action-item-specific comment period.
City Attorney Malkovich sought clarification on the recommendation; Commissioner Garavalia confirmed she wanted public comment on action items added before those items are voted on. Commissioner Cockrum stated that commissioners are accessible to constituents and expressed reservations, though he did not object to hearing the public. City Clerk Brook Craig confirmed the agenda is generally posted by 2:00 p.m. on Thursdays.
Motion: Commissioner Garavalia moved to add a public comment period before action items on the agenda. Seconded by Commissioner Storey.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
ACCOUNTS AND FINANCE — Commissioner Kays
- Payroll — May 1, 2026
Payroll dated May 1, 2026 totaling $108,717.81 ($85,408.74 from the General Fund; $23,269.07 from the Revenue Fund).
Motion: Commissioner Kays moved to approve the payroll as presented. Seconded by Commissioner Storey.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
- Accounts Payable Bill Run — May 2026
Bills totaling $371,892.43 ($348,939.93 from the AP Fund; $12,952.52 from the MFT Fund). Commissioner Kays noted the AP fund will run approximately $50,000–$60,000 higher each month due to an internal transfer to the Home Rule Infrastructure Tax Fund established with the new Home Rule sales tax. This reflects a payment to the city’s own fund rather than to outside vendors.
Motion: Commissioner Kays moved to approve the bills as presented. Seconded by Commissioner Garavalia.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
- Purchase Order #00880 — Zobrio / Financial Edge NXT Professional (3-Year Subscription)
Purchase order for a three-year renewal of the city’s Financial Edge NXT Professional subscription (accounts payable and accounts receivable software) with Zobrio. Annual cost: $12,143.00; total: $36,429.00. This line item is included in the budget.
Motion: Commissioner Kays moved to approve Purchase Order #00880 as presented. Seconded by Commissioner Garavalia.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
- Meeting Start Time Ordinance (Item 7C)
No action taken.
CITY ATTORNEY REPORT
No updates.
PUBLIC AFFAIRS — Mayor Messersmith
- Updates
Mayor Messersmith thanked all participants in the Rend Lake Water Festival, recognizing the Chamber of Commerce and Lennie Shelton for their work. He noted the parade route was well-attended with few issues and favorable weather.
The Mayor also announced a new Family Movie Night series at Capitol Park, scheduled for three Friday evenings: May 22, 2026; June 19, 2026; and July 17, 2026. Movies will be announced the week prior to each event. Volunteer organizations have been engaged to participate. The events are intended to encourage community gathering on the square.
- Purchase Order #00882 — Banners and Buntings for the Square (Up to $3,000.00)
Mayor Messersmith presented a proposal to place patriotic banners on existing light poles around the square and add buntings at Capitol and Malkovich Parks in recognition of the nation’s 250th anniversary. Vendor quotes are still being collected; the not-to-exceed amount is $3,000.00. The banners would be displayed from Memorial Day through September 11, covering multiple patriotic holidays. A September 11 memorial service on the square is also being planned by a local organization.
Motion: Commissioner Storey moved to approve Purchase Order #00882 for banners and buntings up to $3,000.00. Seconded by Commissioner Cockrum.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
- Building Code Board of Appeals — Compensation (Item 9C)
Zoning Administrator Brian Calcaterra addressed the council regarding the establishment of a five-member independent Building Code Board of Appeals to hear code violation appeals. Board members would have professional backgrounds in contracting, building, plumbing, roofing, or electrical work. The board provides an additional layer of review and evidentiary support for enforcement actions. Code Enforcement Officer Caleb Cavins is nearing ICC certification.
Proposed compensation: $150.00 per inspection and $150.00 per hearing, totaling $300.00 per appeal. Volume is expected to be limited — perhaps a few times per year.
Motion: Commissioner Storey moved to approve $300.00 per appeal as compensation for Building Code Board of Appeals members. Seconded by Commissioner Garavalia.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
- Agreement with Perry Environmental — LUST Incident (Item 9D)
Mayor Messersmith presented an agreement with Perry Environmental related to a Leaking Underground Storage Tank (LUST) incident. The agreement outlines the city’s obligations in relation to a local business.
Motion: Commissioner Cockrum moved to approve the agreement with Perry Environmental. Seconded by Commissioner Storey.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
- Illegal Burn Ordinance Enforcement (Item 9E)
Mayor Messersmith raised the ongoing issue of enforcing the city’s illegal burning ordinance, noting resident complaints occur approximately once per week. Fire Chief Shane Cockrum acknowledged the complexity of enforcement, including issues with identifying responsible parties, distinguishing permitted burning of natural materials from prohibited garbage burning, and the need for appropriate citation forms. He noted that in a majority of complaint calls, the individual is burning permitted materials.
Commissioner Kays reported that neighboring communities — West Frankfort, Marion, Fairfield, and Harrisburg — have their fire departments issue citations, with a first-offense warning followed by a citation on repeat violations. He suggested modifying the ordinance if necessary to provide a clear step-by-step procedure.
Mayor Messersmith and Chief Cockrum agreed that a working group including the fire chief, code enforcement, and relevant staff should convene to develop a formal policy, clarify citation procedures, and obtain appropriate citation forms.
No formal action taken. Follow-up meeting to be scheduled among Mayor Messersmith, Fire Chief Cockrum, and Code Enforcement.
MISCELLANEOUS BUSINESS
Solicitor Permits — Public Notification
Commissioner Garavalia reported an increase in resident complaints about door-to-door solicitors, noting no solicitors are currently registered with the city. She requested that a list of registered solicitors be published on the city’s website so residents can verify whether a solicitor is authorized.
Mayor Messersmith suggested residents be reminded they may ask solicitors to produce a permit, and that real-time notification (e.g., via the police department’s Facebook page) may be more effective than a static website listing.
No formal action taken. Further discussion to follow.
OLD BUSINESS
None.
NEW BUSINESS
None.
PUBLIC COMMENT
None.
EXECUTIVE SESSION
Mayor Messersmith requested a motion to enter executive session pursuant to the Open Meetings Act to discuss:
- Possible acquisition and/or sale of real estate
- Possible appointment, employment, compensation, discipline, performance, or dismissal of specific employees or legal counsel, including hearing testimony on a complaint
Motion: Commissioner Kays moved to enter executive session. Seconded by Commissioner Storey.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried. Executive session commenced at 5:30 p.m.
Return to Regular Session:
Executive session concluded. Regular session resumed at 6:47 p.m.
Motion: Commissioner Storey moved to return to regular session. Seconded by Commissioner Cockrum.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
ACTION ITEMS FOLLOWING EXECUTIVE SESSION
- 60-Day Appointment of a Full-Time Firefighter
Commissioner Garavalia moved to approve a 60-day appointment of a full-time firefighter with intent to hire. Fire Chief Cockrum raised a concern that a 60-day appointment is a merit board matter governed by statute and is procedurally separate from a hire. City Clerk Brook Craig stated that the merit board, specifically Rick Knight, had recommended this course of action. City Attorney Malkovich advised that if the action is later found procedurally improper, it can be addressed, and that the merit board’s guidance should be followed for now.
Motion: Commissioner Garavalia moved to approve the 60-day appointment of a full-time firefighter with intent to hire. Seconded by Commissioner Cockrum.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
- Safety Stipend for Paid On-Call Firefighters
Motion: Commissioner Garavalia moved to approve a safety stipend for paid on-call firefighters in the amount of 50% of what full-time employees receive. Seconded by Commissioner Storey.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
- Agreement with West City for Fire Protection
Discussion continued from executive session. No action taken at this time.
- Authorization for Merit Board to Prepare Probationary Firefighter Candidate for Hire
Motion: Commissioner Garavalia moved to approve authorizing the merit board to prepare a probationary firefighter candidate for hire. Seconded by Commissioner Kays.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried.
ADJOURNMENT
Motion: Commissioner Storey moved to adjourn. Seconded by Commissioner Kays.
Vote: Yeas: 5 — Commissioner Cockrum, Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays: 0. Motion carried. Meeting adjourned at 6:50 p.m.
