MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY AUGUST 14, 2023 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE BENTON CITY HALL LOCATED AT 1403 SOUTH MAIN STREET, BENTON, ILLINOIS.<\/p>\n
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MAYOR MESSERSMITH CALLED THE MEETING TO ORDER.\u00a0 COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH WERE PRESENT FOR ROLL CALL.\u00a0<\/p>\n
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COMMISSIONER KAYS MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MONDAY, JULY 24, 2023.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER STOREY STATED THAT HE HAD NO PURCHASE ORDERS OR LAKE LOT LEASE TRANSFERS FOR THIS MEETING.\u00a0 COMMISSIONER STOREY STATED THAT THE WATER DEPARTMENT HAS BEEN VERY BUSY FIXING LEAKS ALL OVER TOWN.\u00a0<\/p>\n
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COMMISSIONER COCKRUM STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING.\u00a0<\/p>\n
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COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE OVERLAY BID IN THE AMOUNT OF $93,601.82.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0<\/p>\n
VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER COCKRUM MADE A MOTION TO APPROVE PARTIAL PAY ESTIMATE #1 AND CHANGE ORDER TO WIGGS EXCAVATING FOR THE DUQUOIN STREET FORCE MAIN IN THE AMOUNT OF $200,452.50.\u00a0 SECOND BY COMMISSIONER KAYS.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE COMMERCIAL\/INDUSTRIAL AGREEMENT FOR ELECTRIC SERVICE WITH SOUTHEASTERN ELECTRIC FOR THE DUQUOIN STREET FORCE MAIN.\u00a0 SECOND BY COMMISSIONER GARAVALIA.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00115 TO GALLS, INC FOR AN INTOXIMETER IN THE AMOUNT OF $597.50.\u00a0 SECOND BY COMMISSIONER COCKRUM.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.<\/p>\n
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COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00114 TO BERLA FOR 1 AUTOMOBILE FORENSICS LICENSING RENEWAL IN THE AMOUNT OF $3,250.00.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PURCHASE ORDER #00113 TO THE INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT (IPTM) FOR 2 CRIME SCENE PROCESSING TUITIONS AND LODGING IN JACKSONVILLE, FLORIDA IN THE AMOUNT OF $1,487.76.\u00a0 SECOND BY COMMISSIONER COCKRUM.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER GARAVALIA STATED THAT ITEM (B) DISCUSSION OF POLICE CHIEF\/FIRE CHIEF CONTRACT(S) WILL BE DISCUSSED IN EXECUTIVE SESSION.\u00a0<\/p>\n
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COMMISSIONER GARAVALIA PRESENTED ITEM (C) DISCUSSION AND\/OR APPROVAL OF BENTON HIGH SCHOOL COOPERATIVE EDUCATION TRAINING AGREEMENT.\u00a0 A LENGTHY DISCUSSION WAS HELD REGARDING HOURS, PAY, JOB DESCRIPTION, AND AGE REQUIREMENTS FOR WORK IN THE DEPARTMENT.\u00a0\u00a0 COMMISSIONER GARAVALIA MADE A MOTION TO TABLE THIS ITEM UNTIL A FURTHER MEETING.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER GARAVALIA STATED THAT SHE WOULD LIKE TO HAVE A RECONSIDERATION REGARDING HER TO ATTEND THE IML CONFERENCE IN CHICAGO.\u00a0 SHE STATED THAT THIS IS A GOOD CHEERLEADING TIME FOR DEPARTMENTS AND SHE WOULD LIKE THE OPPORTUNITY TO RUB ELBOWS WITH OTHER POLICE AND FIRE COMMISSIONERS FROM AROUND THE STATE.\u00a0 ATTORNEY MALKOVICH STATED THAT ACCORDING TO ORDINANCE, RECONSIDERATIONS ON MOTIONS MUST BE MADE AT THE SAME MEETING A MOTION HAS BEEN MADE OR THE MEETING FOLLOWING THE MOTION BEING MADE.\u00a0 IT WAS STATED THAT IN ORDER TO FOLLOW ORDINANCE, THE RECONSIDERATION WOULD HAVE NEEDED TO TAKE PLACE NO LATER THAN THE MEETING ON JULY 24, 2023.\u00a0 NO FURTHER ACTION WAS TAKEN ON THIS MATTER.\u00a0<\/p>\n
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COMMISSIONER GARAVALIA STATED THAT THE BACK-TO-SCHOOL BLOCK PARTY WAS A SUCCESS AND SHE WOULD LIKE TO DO THIS ANNUALLY.\u00a0 COMMISSIONER GARAVALIA ALSO STATED THAT SHE WOULD LIKE TO BEGIN THE PROCESS OF FORMING A BOARD TO PUT ON A POLICE AND FIRE BALL TO TAKE PLACE ON JANUARY 13, 2024.\u00a0 COMMISSIONER GARAVALIA STATED THAT A DEPARTMENT REPORT FOR THE POLICE DEPARTMENT WAS INCLUDED IN THE COMMISSIONER\u2019S FOLDERS.\u00a0 COMMISSIONER GARAVALIA STATED AS A FINAL PART TO HER REPORT FOR THIS MEETING, THAT CHIEF FUNKHOUSER HAD TYPED COMMENDATIONS FOR OFFICER MICHAEL CAIN, OFFICER JEREMY WATKINS, OFFICER JUSTICE PURDIE, AND OFFICER TYLER ORE FOR RECEIVING CERTIFICATES OF APPRECIATION FOR DUI ENFORCEMENT FROM ALLIANCE AGAINST INTOXICATED MOTORISTS (AAIM).\u00a0<\/p>\n
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COMMISSIONER KAYS STATED THAT HE HAD NO PURCHASE ORDERS FOR THIS MEETING.\u00a0<\/p>\n
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COMMISSIONER KAYS MADE A MOTION TO APPROVE BILLS IN THE AMOUNT OF $654,393.38 FOR THIS MEETING.\u00a0 THIS TOTAL INCLUDED I-57 INTERCHANGE IN THE AMOUNT OF $32,050.44, IJRL TIF IN THE AMOUNT OF $767.50, DOWNTOWN TIF IN THE AMOUNT OF $767.50, POLICE PENSION IN THE AMOUNT OF $920.00, FIRE PENSION IN THE AMOUNT OF $920.00, HOME RULE GAS TAX IN THE AMOUNT OF $200.00, AND MOTOR FUEL TAX IN THE AMOUNT OF $56,038.05.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER KAYS MADE A MOTION TO APPROVE PAYROLL FOR THE GENERAL FUND IN THE AMOUNT OF $72,609.52 AND WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $24,298.29 FOR A TOTAL PAYROLL OF $96,907.81.\u00a0 SECOND BY COMMISSIONER COCKRUM.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER KAYS STATED THAT HE WOULD LIKE TO REPEAL THE SEWER RATE ORDINANCE THAT WAS PASSED AT THE LAST MEETING AS IT WAS NOT DONE WITH A RATE STUDY.\u00a0 COMMISSIONER COCKRUM SECONDED THIS MOTION.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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COMMISSIONER KAYS MADE A MOTION TO APPROVE THE BAD DEBT POLICY.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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ATTORNEY MALKOVICH STATED THAT THE ONLY UPDATE HE HAS FOR THIS MEETING IS REGARDING THE SERGEANT PAY.\u00a0 ATTORNEY MALKOVICH STATED THAT THERE IS NO INTEREST IN THIS POSITION AT A RATE OF PAY OF $3,000.00 TO THE BASE.\u00a0 HE STATED THAT THIS WILL BE FURTHER ADDRESSED WITH THE NEW UNION CONTRACT.<\/p>\n
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MAYOR MESSERSMITH STATED UNDER UPDATES THAT THE CITY HAS BEEN AWARDED A $2.8 MILLION GRANT AND THAT IDOT WILL BE HAVING A MEETING SOON DISCUSSING THE REPAIRS TO BE MADE TO EAST MAIN STREET FROM THE WATER LEAKS.\u00a0<\/p>\n
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MAYOR MESSERSMITH STATED THAT HE HAD NO PURCHASE ORDERS FOR APPROVAL AT THIS MEETING.\u00a0<\/p>\n
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MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEM (C) DISCUSSION AND\/OR APPROVAL OF THE SPECIAL USE PERMIT APPLICATION MADE BY ZELLA RONE TO OCCUPY AN EXISTING DOUBLE WIDE MOBILE HOME LOCATED AT 1210 EAST ANNA STREET.\u00a0 MR. CALCATERRA STATED THAT THIS MOBILE HOME IS IN GOOD CONDITION AND HE BELIEVES THE SPECIAL USE PERMIT SHOULD BE GRANTED.\u00a0 COMMISSIONER COCKRUM MADE A MOTION TO APPROVE THE SPECIAL USE PERMIT.\u00a0 SECOND BY COMMISSIONER KAYS.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO PRESENT ITEM (D) DISCUSSION AND\/OR APPROVAL OF A 90-DAY EXTENSION WITH REGARD TO THE FA\u00c7ADE GRANT AGREEMENT BETWEEN THE CITY OF BENTON AND DAVID B. GARAVALIA.\u00a0 MR. CALCATERRA STATED THAT THERE IS A TIMEFRAME THAT THE FA\u00c7ADE WORK HAS TO BE COMPLETED BETWEEN APPLICATION APPROVAL AND COMPLETION.\u00a0 MR. GARAVALIA HAS PAID MONEY TOWARDS THE PROJECT, BUT THE CONTRACTORS HAVE NOT BEEN ABLE TO START ON THE PROJECT.\u00a0 MR. CALCATERRA SAID HE HAD NO ISSUES WITH GIVING MR. GARAVALIA AND EXTENSION ON THIS FA\u00c7ADE GRANT APPLICATION.\u00a0 COMMISSIONER COCKRUM MADE A MOTION TO ALLOW A 90-DAY EXTENSION TO DAVID GARAVALIA ON HIS FA\u00c7ADE GRANT APPLICATION.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEM (E) DISCUSSION AND\/OR APPROVAL OF AUTHORIZING CITY FUNDS TO REMOVE JUNK AND DEBRIS FROM 1312 EAST ANNA STREET PURSUANT TO COURT ORDER.\u00a0 ZONING ADMINISTRATOR BRIAN CALCATERRA STATED THAT IT WOULD TAKE TWO DUMPSTERS TO CLEAN UP THE AREA REFERENCED ABOVE.\u00a0 THE COSTS OF THIS IS $1,200.00 FOR THE 2 DUMPSTERS.\u00a0 COMMISSIONER STOREY MADE A MOTION TO APPROVE THIS.\u00a0 SECOND BY COMMISSIONER COCKRUM.\u00a0 VOTE WAS TAKEN.\u00a0 \u00a0YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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MAYOR MESSERSMITH ASKED ZONING ADMINISTRATOR BRIAN CALCATERRA TO HANDLE ITEM (F) DISCUSSION AND\/OR APPROVAL OF AMENDING BACKFLOW PREVENTER ORDINANCE TO INCLUDE COMMERCIAL AND INDUSTRIAL PROPERTIES.\u00a0 MR. CALCATERRA STATED THAT WE HAVE THIS ORDINANCE FOR RESIDENTIAL PROPERTIES AND THIS WOULD JUST BE ADDING COMMERCIAL AND INDUSTRIAL PROPERTIES TO THIS.\u00a0 COMMISSIONER KAYS MADE THIS MOTION.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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IN MISCELLANEOUS BUSINESS, COMMISSIONER STOREY STATED THAT HE DID NOT AGREE WITH THE CITY USING A FIRETRUCK TO PUMP WATER FOR KIDS TO PLAY IN AT CAPITAL PARK FOR CHRISTMAS IN JULY OR AT THE FIREHOUSE FOR THE BACK-TO-SCHOOL BLOCK PARTY.\u00a0 COMMISSIONER STOREY STATED THAT THIS IS VERY HARD ON THE PUMP IN THE FIRE TRUCK AND COULD CAUSE UNNECESSARY DAMAGE AS WELL AS THE COST TO THE CITY.\u00a0 COMMISSIONER KAYS STATED THAT HE UNDERSTOOD DON\u2019S COMPLAINT ABOUT THE PUMP, BUT THAT THE COSTS WERE COVERED WITH COMMUNITY EVENT FUNDS.\u00a0 COMMISSIONER GARAVALIA STATED THAT THE PUMP WAS ONLY USED AT THE CHRISTMAS IN JULY AS THE HOSE WAS HOOKED DIRECTLY INTO A FIRE HYDRANT FOR THE BACK-TO-SCHOOL BLOCK PARTY.\u00a0<\/p>\n
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NO OLD BUSINESS.\u00a0<\/p>\n
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NO NEW BUSINESS.<\/p>\n
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IN MATTERS FROM THE PUBLIC AUDIENCE, THE OWNERS OF THE PROPERTY AT 1312 EAST ANNA STREET ASKED THE COUNCIL TO RECONSIDER THE CITY CLEANING UP HER PROPERTY.\u00a0 THEY STATED THAT THE WEATHER HAS STOPPED THEM FROM BEING ABLE TO CLEAN UP.\u00a0 ATTORNEY MALKOVICH STATED THAT THEY HAVE BEEN GIVEN 4 SEASONS TO DO THIS CLEAN UP AS THE COURT ORDER WAS NOT JUST PASSED.\u00a0<\/p>\n
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TOM CARTER STATED THAT IT HAS BEEN 5 YEARS SINCE THE DISBANDING OF THE AIRPORT BOARD.\u00a0 HE ASKED THE COUNCIL WHY NO ONE IS GOING TO THE AIRPORT TIP MEETING IN SPRINGFIELD.\u00a0 ATTORNEY MALKOVICH STATED THAT THE FAA HAS CHOSEN TO HOLD THIS MEETING VIA ZOOM IN THE PAST FEW YEARS AND THAT CITY OFFICIALS HAVE ATTENDED THAT WAY.\u00a0<\/p>\n
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LYNETTE ING STATED THAT SHE WOULD LIKE TO THANK THE COUNCIL FOR CLEANING UP THE CITY.\u00a0 SHE ALSO ASKED IF THE COUNCIL WOULD CONSIDER POSSIBLY DONATING EMPTY CITY OWNED LOTS FOR TINY HOMES OR SOMETHING LIKE THAT.\u00a0<\/p>\n
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COMMISSIONER STOREY 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.\u00a0 SECOND BY COMMISSIONER COCKRUM.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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6:07 P.M.<\/p>\n
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COMMISSIONER GARAVALIA MADE A MOTION TO RETURN TO REGULAR SESSION.\u00a0 SECOND BY COMMISSIONER COCKRUM.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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7:25 P.M.\u00a0<\/p>\n
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NO ACTION TAKEN AFTER EXECUTIVE SESSION.\u00a0<\/p>\n
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COMMISSIONER KAYS MADE A MOTION ADJOURN THE MEETING.\u00a0 SECOND BY COMMISSIONER STOREY.\u00a0 VOTE WAS TAKEN.\u00a0\u00a0 YEAS:\u00a0 5. \u00a0COMMISSIONER KAYS, COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER COCKRUM, AND MAYOR MESSERSMITH.\u00a0 NAYS:\u00a0 0.\u00a0<\/p>\n
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7:26 P.M.<\/p>\n","protected":false},"excerpt":{"rendered":"
MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY AUGUST 14, 2023 AT 5:00 P.M. IN THE COUNCIL ROOM OF THE BENTON CITY HALL LOCATED AT 1403 SOUTH MAIN STREET, BENTON, ILLINOIS. MAYOR MESSERSMITH CALLED THE MEETING … Continue reading