CITY OF BENTON, ILLINOIS
MINUTES OF THE REGULAR MEETING OF THE BENTON CITY COUNCIL
Monday, July 13, 2026 — 5:00 p.m.
City Council Room, Basement of the Campbell Building, 901 Public Square, Benton, Illinois
Call to Order
The Benton City Council met in regular session on Monday, July 13, 2026, at 5:00 p.m. in the City Council Room, located in the basement of the Campbell Building, 901 Public Square, Benton, Illinois. Mayor Lee Messersmith presided.
Pledge of Allegiance
Mayor Messersmith called for the Pledge of Allegiance, which was recited in unison by those present.
Roll Call
At the request of Mayor Messersmith, City Clerk Brook Craig called the roll.
Present: Commissioner Storey, Commissioner Garavalia, Commissioner Kays, and Mayor Messersmith.
Absent: Commissioner Cockrum.
Approval of Minutes
Commissioner Kays presented three sets of minutes for the Council’s consideration.
- Minutes of the regular meeting of Monday, June 2, 2026.
Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Garavalia.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
- Minutes of the continued meeting of Tuesday, June 22, 2026.
No errors or edits were noted.
Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Storey.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
- Minutes of the special meeting of Friday, June 26, 2026.
No errors or edits were noted.
Motion: Commissioner Kays moved to approve the minutes as presented. Seconded by Commissioner Storey.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Mayor’s Opening Remarks
Mayor Messersmith addressed the Council and the members of the public in attendance. He noted that recent Council meetings had been challenging in nature and that discussion during the evening’s meeting could become difficult. He stated that the Council’s purpose was to conduct city business, that any deviation from city business would be redirected, and that public comment is not a question-and-answer session, though the Council would take note of citizen comments and follow up as appropriate. He asked that anyone wishing to speak come to the podium, state their name for the record, and limit remarks to five minutes, with time to be kept by City Clerk Brook Craig. He stated that the Council would recognize and respond only to those speaking from the podium during public comment, and not to comments from the audience.
Mayor Messersmith addressed questions raised following the prior meeting regarding his abstention on a motion, stating that he had abstained because he was not prepared to vote on the motion made, that it had been his hope the Council would go into executive session for further discussion, and that when that did not occur, he abstained.
Mayor Messersmith then read the following personal statement into the record:
“It’s my understanding the case that was discussed in a previous meeting had been closed, and that case is available via FOIA. To answer the question of who contacted the state police — it was me. I contacted the state police when this was initially brought to me. I did my own research and determined the validity, accuracy, and potential severity. What I found was something that needed to be addressed and reported. As mayor, I had a legal obligation and responsibility to contact the proper authorities regarding the matter. I also knew that what was said, which initiated all of this, was said openly and publicly, and that the information was going to be reported one way or another whether I did it or not. If I had not reported this information and it turned into something bigger, I, as well as the Council, would be liable, and we would be having a much different conversation this evening. I could not share any information or details while the investigation was ongoing, and only after learning the case was officially confirmed closed could I discuss the matter at all. This has been the hardest thing for me as an elected official in the seven years I have served, and I have taken no satisfaction or pleasure in having had to do it.”
Commissioner Storey stated that the matter should have gone through the police department first. Mayor Messersmith responded that he had been counseled, and specifically told, not to do so.
Mayor Messersmith then opened the floor for public comment.
Public Comments
John Owens, citizen of Benton
Mr. Owens addressed the Council regarding a public statement released on Facebook from the office of Commissioner Kays, which he stated contained information discussed in executive session, including reference to an Illinois State Police investigation. He asked whether the Council had ever voted in open session to authorize release of that information to the public. He stated that executive sessions are conducted under the Illinois Open Meetings Act to allow limited discussion of specific confidential matters, including certain personnel issues, and that information discussed in executive session is not intended for public disclosure except as authorized by law or by official action of the governing body. Mr. Owens stated that the public release of executive session information without such authorization raises concerns regarding compliance with the Open Meetings Act and the integrity of the executive session process. He cited 5 ILCS 120 (the Illinois Open Meetings Act) as prohibiting individual members from releasing executive session minutes or discussion unless authorized by a vote of the full body, and stated that unauthorized disclosure may be punishable as a Class C misdemeanor, with penalties of up to 30 days in jail or a $1,500 fine. Mr. Owens asked the Council to clarify whether the information released had originated in executive session and whether its release had been authorized by vote, stating that he intended to contact the Illinois Attorney General’s office regarding the matter.
Rocky Morris, citizen
Mr. Morris raised concerns regarding a violation of public drinking water standards, referencing issues dating back to 2024–2025. He stated that he had spoken with Mr. Richardson, who indicated the matter was in the process of being corrected, and that he had filed a FOIA request with City Clerk Brook Craig regarding why the information had not been made available to the public sooner. He referenced EPA violations including failure to develop an initial inventory and make service line material information publicly accessible, as well as violations concerning lead and other contaminants in drinking water. Mr. Morris stated he had been informed of fines in the neighborhood of $600,000 that were later abated upon a showing of compliance, and asked whether the city is currently in compliance. He asked how the matter went unaddressed for as long as it did and requested that the Council look further into the issue as a matter of public health and safety, noting particular concern for vulnerable populations such as the elderly and immunocompromised, consistent with language in the city’s annual drinking water quality report.
Dylan DeForest, City of Benton Fire Department
Mr. DeForest, a ten-year member of the Benton Fire Department, addressed the Council on behalf of the department’s members. He stated that the department had been subject to repeated allegations against the fire chief, that those allegations were investigated by the Illinois State Police, and that the investigation concluded with no action taken. He stated that the Council had nonetheless continued to meet in executive session regarding discipline or termination without taking action, and that the ongoing situation had damaged morale, created uncertainty, and undermined confidence in city leadership, contributing to what department members consider a hostile work environment. Mr. DeForest stated that accountability is important but must include accepting the results of an investigation and treating people fairly. On behalf of the department, he presented a letter expressing a vote of no confidence in Commissioner Christopher Kays and Mayor Lee Messersmith, and requested that the Mayor and any council member continuing to pursue the matter either resign or take immediate action to restore confidence in city leadership.
Jennifer Kays, taxpayer
Mrs. Kays identified herself as a taxpayer, noting that Commissioner Kays is her husband. She encouraged residents to hold elected officials accountable, to ask whether officials support transparency and financial oversight, and referenced financial concerns raised within city government that resulted in evidence being reviewed by law enforcement and forwarded to the State’s Attorney for consideration. She raised concerns regarding unauthorized check cashing, the process used to award a bid for facade work at the fire department building, and the Council’s approval of an early retirement incentive prior to full discussion of its financial impact to taxpayers. She encouraged residents to review the public record of candidates for city office and noted that petitions for the April municipal election would become available this fall. She stated that her husband, Commissioner Kays, is not seeking re-election but would be available to answer questions from prospective candidates.
Public Comment Period Concluded
With no further members of the public wishing to address the Council, Mayor Messersmith closed public comment and proceeded to the regular agenda.
Committee Reports
Public Property — Commissioner Storey
Commissioner Storey reported no purchase orders or updates.
Motion: Commissioner Storey moved to begin the process of creating a Public Properties Project Manager position. Seconded by Commissioner Garavalia.
Vote: Yeas (3) — Commissioner Storey, Commissioner Garavalia, Mayor Messersmith. Nays (1) — Commissioner Kays. Motion carried.
Streets, Water & Sewer — Commissioner Cockrum (absent; report given by City Attorney Tom Malkovich)
Attorney Malkovich presented one purchase order on behalf of Commissioner Cockrum: PO #00909 to C&C Pumps, in the amount of $5,355.57, for the sewer plant.
Motion: Commissioner Storey moved to approve payment of PO #00909. Seconded by Commissioner Garavalia.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Attorney Malkovich reported no lake lot transfers this evening.
Attorney Malkovich presented fourteen pool applications, all found to be in compliance with applicable codes, for the following addresses: 8833 Stuyvesant Street; 725 East Taylor Street; 634 North Buchanan Street; 1608 North Main Street; 701 Old Orchard Drive; 415 East Bond; 205 West Webster; 711 Carbon; 1007 Kirkpatrick; 524 Burkett; 208 North Seventh; 1403 North Main; 707 Forrest; and 305 West Fifth.
Motion: Commissioner Kays moved to approve the pool applications as presented. Seconded by Commissioner Garavalia.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Public Health and Safety — Commissioner Garavalia
Commissioner Garavalia presented the following purchase orders for the Police and Fire Departments:
PO #00167 — Marion Ford Watermark, $2,868.00, squad car repair. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.
PO #00169 — Novacom, $1,258.98, police department. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.
PO #00168 — Thin Line Safety Equipment, $768.95, police department general safety equipment. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.
PO #00463 — Bailey’s Heating and Cooling, $950.00, repair of fire department cooling system. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.
PO #00462 — SI Towing & Recovery, $864.00, towing charge for Engine 803. Motion: Commissioner Garavalia, second by Commissioner Kays. Yeas (4), Nays (0). Motion carried.
PO #00456 — Darley, $1,100.00, four brushes to replace 1977 hose washer, fire department. Motion: Commissioner Garavalia, second by Commissioner Storey. Yeas (4), Nays (0). Motion carried.
Commissioner Garavalia reported the incident counts for the preceding month. The Fire Department responded to 98 incidents, with approximately 42% for illness, 20% for injury and trauma, 6% for structure fires, 3% for public service calls, and 7% for hazardous, non-chemical incidents. The Police Department responded to 677 calls, including 26 hang-up/open-line calls, 18 assist-citizen calls, 18 street contacts, 23 domestic violence calls, 47 follow-ups on other cases, 34 suspicious person calls, 16 traffic crashes, and 40 welfare checks, among other call types.
Commissioner Garavalia presented a letter from Fire Chief Shane Cockrum respectfully requesting the addition of Harrison Williams to the Benton paid-on-call firefighter roster. The letter noted that Mr. Williams, a veteran of the United States Marine Corps, is pursuing a career as a second-generation firefighter following his father, a retired member of the West Frankfort Fire Department, and his uncle, an active career firefighter.
Motion: Commissioner Garavalia moved to approve the addition of Harrison Williams to the paid-on-call roster. Seconded by Commissioner Storey.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Commissioner Garavalia requested approval for the Merit Board to begin the process of filling the police officer vacancy resulting from the departure of Officer Justice Purdie.
Motion: Commissioner Garavalia moved to authorize the Merit Board to begin the replacement process. Seconded by Commissioner Kays.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Accounts and Finance — Commissioner Kays
Commissioner Kays presented one payroll dated July 17, 2026, in the total amount of $115,675.94, consisting of $89,953.68 from the General Fund and $25,722.26 from the Revenue Fund.
Motion: Commissioner Kays moved to approve the payroll as presented. Seconded by Commissioner Garavalia. Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Commissioner Kays reported that the bills were not yet completed and that a motion would be needed later in the meeting to continue the meeting so that bills could be paid later in the week. He stated that was all he had to report from Accounts and Finance.
City Attorney — Tom Malkovich
Mayor Messersmith asked whether there were updates from the City Attorney. Attorney Malkovich reported no updates.
Public Affairs — Mayor Messersmith
Mayor Messersmith reported that the Fourth of July events had gone well, thanking the Conservancy District and the Council for supporting the event, and noted that the annual Ranger Rodeo was held over two days without rain, though with significant heat. He thanked Louise Jackson and others for volunteering to paint at Capitol Park, noting that Ms. Jackson had acquired the paint and coordinated the project.
Mayor Messersmith presented PO #00907, to Shawnee LED, for a screen for Family Movie Night, to be paid for using donations from local businesses, requesting a motion to establish a purchase order and paper trail for the payment.
Motion: Commissioner Storey moved to approve PO #00907. Seconded by Commissioner Kays.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Mayor Messersmith presented PO #00908, also for Family Movie Night, in the amount of $50.00, for musical performance by Ashley Hugo, also funded by donations.
Motion: Commissioner Garavalia moved to approve PO #00908. Seconded by Commissioner Kays.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Mayor Messersmith announced that the film Trolls would be shown this Friday at Capitol Park as the third Family Movie Night of the summer, with musical performances by Ashley and Jason Hugo prior to the film. He noted that, based on prior feedback that movies were starting too late using a projector and screen, the city secured sponsors, arranged by City Clerk Brook Craig, to use an LED screen allowing the film to be shown before dark. Hot dogs and popcorn will also be provided.
Discussion and approval of appointing Brook Craig to the Police Pension Board for a two-year term.
Motion: Commissioner Storey moved to appoint Brook Craig to the Police Pension Board for a two-year term. Seconded by Commissioner Garavalia.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Item 9(D) — Discussion and approval of a donation to Benton Area Volunteers for the Back-to-School Block Party. Peggy Page, Vice President of Benton Area Volunteers, addressed the Council regarding the organization’s fourth annual Back-to-School Block Party, to be held August 1, 2026, from 4:00 to 7:00 p.m. on Washington Street between the fire and police departments, featuring bounce houses, a dunking booth, laser tag, free hot dogs, chips, water, and school supplies, with a goal this year of also providing backpacks. Commissioner Storey asked what the city had contributed the previous year; Commissioner Kays stated the prior donation was $750.00.
Motion: Commissioner Storey moved to approve a donation of $1,000.00 to Benton Area Volunteers. Seconded by Commissioner Kays.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Ms. Page thanked the Council and invited members of the public to volunteer for the event.
Item 9(E) — Discussion and approval of a facade grant application submitted by Shannon Appleton. Mr. Calcaterra reviewed the application, a downtown TIF facade grant, and confirmed the scope of work is consistent with grant specifications, recommending approval. The total project cost is $4,372.00, with the grant covering half of that amount.
Motion: Commissioner Kays moved to approve the facade grant application. Seconded by Commissioner Garavalia.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Item 9(F) — Discussion and approval to accept a donation of land for demolition purposes at 404 South Commercial Street. Mr. Calcaterra reported that the city has a pending demolition proceeding regarding the property, and that the owner has indicated a willingness to donate the property to the city. He stated the city could demolish and clean up the residence and, at some point, declare it surplus property for resale. He noted the property is adjacent to the new dog park and lies along the city’s master bike plan route, and has been the subject of repeated calls for service.
Motion: Commissioner Storey moved to accept the donation of the property. Seconded by Commissioner Garavalia.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Mayor Messersmith stated that concluded his report under Public Affairs.
Miscellaneous Business from the Council
None.
Old Business
Commissioner Storey asked why a purchase agreement for the fire truck had not yet been sent, and what had caused the delay. Commissioner Kays responded that he was working on financing, noting that $1.2 million is a substantially larger transaction than a $100,000 purchase. Commissioner Storey stated the matter had been pending for two weeks and that the Council had previously approved it. Commissioner Kays responded that the approval had been subject to contingencies related to financing. Commissioner Garavalia stated that the Council had approved signing the purchase agreement, that a signed intent to purchase had previously been sent, and that Commissioner Kays himself had made the motion to approve the purchase agreement, which contained no contingencies. Commissioner Storey stated that residents were growing concerned about the status of the purchase and urged that the purchase agreement be sent, noting that payment would not be due until the spring of 2027.
Commissioner Storey then asked for a status update on the matter involving the Illinois State Police, asking whether it was concluded. Commissioner Kays stated that it was not concluded. Commissioner Storey stated that he understood the state police had indicated there was nothing to the matter. Commissioner Kays asked Commissioner Storey to repeat the statement, and Commissioner Storey stated that he was told there was nothing there, in a meeting the state police had with Fire Chief Shane Cockrum. Commissioner Kays stated that the Illinois State Police had referred the matter to the State’s Attorney, which he stated indicated the state police believed there was a basis for referral. Commissioner Storey asked Chief Cockrum directly whether the state police had told him there was nothing there. Fire Chief Shane Cockrum stated that the case had been closed with a finding of no wrongdoing, and that he believed the State’s Attorney was prepared to release a letter on the matter. Commissioner Storey stated that continuing to discuss the matter was harmful to the city. Commissioner Kays responded that there are multiple checks at issue.
New Business
None.
Continuation of Meeting
Mayor Messersmith stated that the meeting would need to be continued for the Council to pay bills, at the Council’s usual time of 8:30 or 9:00 a.m.
Motion: Commissioner Storey moved to continue the meeting to Friday, July 17, 2026, at 9:00 a.m. for the purpose of paying bills. Seconded by Commissioner Kays.
Vote: Yeas (4) — Commissioner Storey, Commissioner Garavalia, Commissioner Kays, Mayor Messersmith. Nays (0). Motion carried.
Adjournment
The meeting was continued at 5:41 p.m.
