CITY OF BENTON

JUNE 15, 2009

The governing body of the City of Benton, Kansas met in regular session at the usual meeting place in the City at 7:01 p.m.  Mayor Ken Gile presided and members of the governing body were present as follows:  John Gahagan, Jim Thompson and Dan Carpenter.  Kathy Gomez and Scott Hartley were absent.

PUBLIC COMMENT
Benton Airpark has submitted a request for a permit to have a fireworks display on June 20, 2009 and provided proof of insurance.

Jim moved to approve the permit for Benton Airpark to provide a fireworks display on June 20, 2009.  John seconded.  Motion carried 3-0.

APPROVE MINUTES
Jim moved to approve the minutes from the May 11, 2009 meeting.  John seconded.  Motion carried 2-0.  Dan abstained.

REFUNDING BOND
Jeff Bridges, city financial advisor, provided information and paperwork for refunding bond Series A, 2001.
Resolution No. 06-09 authorizing DeWaay Financial Network to underwrite the General Obligation Refunding Bonds.  This resolution also authorizes the preparation of the Official Statement.
Dan moved to approve Resolution No. 06-09.  Jim seconded.  Motion carried 3-0.
Underwriting agreement between the City of Benton and DeWaay Financial Network.  The Municipal Securities Rulemaking Board requires a Financial Advisor who will underwrite bonds from a client (purchase the bonds from the issuer) to resign as financial advisor for that particular issue.   The Underwriting Agreement and its cover letter state that DeWaay has resigned as Financial Advisor only for the Series A, 2009 bond issue and that the City hires DeWaay Financial Network to underwrite the bonds.
Dan moved to approve the underwriting agreement between the City of Benton and DeWaay Financial Network.  Jim seconded.  Motion carried 3-0.
Ordinance No. 2009-03 authorizing the sale of $357,000 General Obligation           Refunding Bonds.  This ordinance authorizes the issuance of the new bonds, $345,000 of which will be used to refund the Series 2001 Bonds.  The remaining $12,000 will pay the costs of issuance.  The City will use the $50,862.5 it has collected this year to pay the 2009 debt service payment.
Dan moved to adopt Ordinance No. 2009-03.  Jim seconded.  Motion carried 3-0.

Resolution No. 07-09 prescribing the form and details of the bonds.  This resolution establishes the details of the bonds such as the interest rates, redemption provisions, designation of the paying agent, the form of the bonds, the creation of the bond accounts, and several other provisions.  As stated above the interest rates will be set before the meeting.  The current rates are very similar to the rates presented in the original analysis, so the savings are still worth while.  An updated analysis is included with this memo.
Dan moved to approve Resolution 07-09.  Jim seconded.  Motion carried 3-0.
JOY’S ADDITION
Discussion with PEC representative on the drainage for the proposed Joy’s Addition.  PEC will contact Mr. Joy’s Engineer, Martin Goedecke, and resolve the issue.

PROBATION OFFICER
Chief Hefton made the recommendation to appoint Nicole Luna, as an independent department for the City of Benton, to act as the city’s probation officer.  Providing this department comes at Judge James Wilson’s request.  The probation officer will be paid per incident and will report to the court.  Ms. Luna was absent due to severe weather in
El Dorado.

Dan moved to approve Nicole Luna as the Probation Officer for the City of Benton.  Jim seconded.  Motion carried 3-0.

FIREWORKS RESOLUTION 08-09
Dan moved to approve Resolution 08-09 setting days and times for fireworks sales and shooting.  Jim seconded.  Motion carried 2-0.

OTHER BUSINESS
The residents at 405 S. Main are having an issue with water coming into their basement during heavy rains.  Ditch overflows and runs into the garage and into garage entrance to basement.  Dale has requested the county’s input and will be cleaning ditches.

Jim Hales, 695 Cottonwood, Prairie Village, also has a drainage problem.  PEC has been notified and is checking into the matter.

Bids are being taken for the following projects:  Street Work, Generators and repair to the gazeboes from storm damage.

DEPARTMENT REPORTS
Dale     -Stearman sewer project is completed
            -Prairie Village II and III needs to be mowed and cleaned up.
            -Recycle is on track to begin July 2, carts to be delivered next week
            -Preliminary plans for sidewalks are available
            -Stearman paving is to begin soon

Joyce   -will begin working on 2010 budget, should have preliminary copy next month

Charles-Update on cases
            -Two new part-time officers, Bill Adkins and Roy Rains (deputy chief)

APPROVE BILLS
Dan moved to approve the bills as presented.  Jim seconded.  Motion carried 3-0.

ADJOURN