Community News
Future of former bank site in Benld is in question
While the Benld City Council approved a maintenance contract for the city’s water tower and voted to enact an ordinance calling for a $500 fine when residents reconnect water services the city previously disconnected, it was a lengthy discussion about the former site of the Benld National Bank that dominated Monday night’s council meeting.
Derrick Tibruzi, along with his parents, Dennis and Susan Tiburzi, appeared before the council to again seek an extension on the deadline for establishing a permanent business building on the former site of the First National Bank of Benld in the 200 block of East Central Avenue. Derrick Tiburzi was the successful bidder in April 2022 to acquire the site from the city a month after the city had the former two-story brick building razed and removed. Under the terms of the contract, Tiburzi agreed to pay $6,000 down and retire the remaining $24,000 by making monthly $1,000 payments for two years. The contract also bound Tiburzi to establish a permanent business on the site within three years or forfeit whatever money he had paid the city and surrender the property to the city.
At the time, Derrick Tiburzi said he planned to build a barbecue restaurant on the site.
The contract reportedly allows for the city to authorize extensions on the construction requirement in the event of “extenuating” circumstances.
The Tiburzis on Monday night said they’ve since discovered the land was not adequately compacted to support a commercial building after the old bank was demolished, an assertion the city contests. In previous meetings with city officials, Derrick Tiburzi contended a concrete contractor he hired to pour a slab for the building refused to guarantee his work, citing improper compaction. Likewise, excavator Mike Ranger reportedly confirmed the site will not support new construction.
Citing extenuating circumstances, the Tiburzis reportedly sought an indefinite extension while they attempt to resolve the issue with the property’s condition. In lieu of such an extension, Derrick Tiburzi offered a proposal under which the city would refund a portion of the money he paid for the property once the entire $30,000 had been paid. Under that proposal, the city would return $19,245 to Tiburzi, while retaining the remaining $10,765. Tiburzi said he arrived at the numbers by applying an average price for Benld real estate of $1.48 per square foot and deducting the footprint of the former bank building.
Ald. John Balzraine reported Monday night he had talked to Mark Ranger, another local excavator, who said he has equipment to drill and staggered grid of 18-inch holes to a depth of three feet and fill them with water. “He said that property will drop within six months,” Balzraine said.
“Will he guarantee that is the solution to my problem?” Derrick Tiburzi asked.
“I don’t see how drilling to three feet is going to help when they excavated to seven feet,” Dennis Tiburzi commented. He alleged that below seven feet, the area was backfilled with construction debris, including loose bricks.
Balzraine disputed Tiburzi’s contention, saying the contractor that razed the building excavated to a depth of only five feet, which was the depth of the existing basement, and removed all debris from the demolition before filling the pit with clay and compacting the soil.
City Attorney Rick Verticchio said the brick debris below seven feet apparently is from a previous structure that no one knew about.
“Then that’s even more of a problem,” Dennis Tiburzi said.
Derrick Tiburzi said his concrete contractor told him that bringing the site up to standards for commercial construction would cost upward of $98,000.
“We can’t do that,” Tiburzi said. “I’d end up spending a quarter of a million dollars and I’d never see a return on my investment.”
Verticchio insisted that Tiburzi has a “contractual obligation” to build on the site. “The bank building stood on that site for 100 years and never had any structural problems with the foundation,” he said. “If you were going to build a four-story brick building, you might have a problem, but I think you could build a one-story building on a concrete slab on that site with no problem. If you don’t want it, you can walk away from it, we’ll keep the money you’ve paid so far and start working with the next guy.”
Derrick Tiburzi said he has paid about $26,000 toward the acquisition of the property at this time.
“We want the property,” Susan Tiburzi said. “If that’s the issue, I could write you a check for it tonight.” But she confirmed the family has no immediate plans to build while the stability of the site remains in doubt.
“The contract says we’ll give you a ‘reasonable extension’ for unforeseen circumstances,” Verticchio said. “If you think a ‘reasonable extension’ means you’d never have to build on it, then we’d probably have to go to court on that issue.”
“We would probably already have had a building-up if not for unforeseen circumstances,” Derrick Tiburzi insisted. “My whole plan was do do something good for the city but, unfortunately, plans have changed due to the circumstances we’re in. We have two experts who say the site is unbuildable. We would never have been here if it had been compacted appropriately.”
“I want something in writing from Mike Ranger saying the property is not buildable,” Ald. Jerry Saracco said. Verticchio agreed, saying the city would need written statements from the Tiburzis’ experts before it could consider altering the contract or releasing them from it.
Tiburzi pledged to “reach out” to Mike Ranger for a written opinion.
“Please don’t think we’re trying to do anything against the city,” Susan Tiburzi told the council. She said the family was attempting to protect her son’s interests while doing something to benefit the city.
While the lengthy, sometimes emotional, discussion reached no resolution, Mayor Jim Kelly encouraged Derrick Tiburzi to sit down with him and Mark Ranger to “see if we can work something out.”
POST OFFICE LEASE
The council again tabled action on a contract with the U.S. Postal Service to lease the Benld Post Office for another five years. The council delayed action last month, citing a provision calling for the city to include snow removal in the lease agreement. Verticchio said Monday night he discovered the snow removal clause was in the previous lease, although the city never provided snow removal services during the term of the lease.
“They say we accept the terms of the previous lease, or they don’t want to renew,” Verticchio said.
The current lease does not expire until the end of this year.
The new lease proposal would increase payment to the city from $25,000 to $25,500 per year. Upon accepting the proposal, the city will owe the brokerage firm that handles post office leases a commission of $1,500.
WATER SERVICE RECONNECTION
On Verticchio’s recommendation, the council authorized him to draft a proposed ordinance to implement a fine of $500 against property owners when disconnected water services are illegally reconnected. Verticchio said the Macoupin County State’s Attorney’s office has declined to pursue criminal charges in such circumstances because the city cannot prove beyond a reasonable doubt that a specific person is responsible for reconnecting the services.
The new ordinance will provide the city with an avenue to collect damages without having to prove criminal responsibility in court.
In a somewhat related matter, the council voted unanimously to file a lien against a property at 404 South First Street for about $3,500 in unpaid water bills.
“After a year, you’re allowed to foreclose on the lien, sell the property and keep the $3,500 you’re owed,” Verticchio advised.
NEWMAN COMMENDATION
Council members voted unanimously to send a letter of commendation to Mary Newman, director at the Frank Bertetti Benld Public Library, for 25 years of service to the community. The action followed a report from Ald. Norm Emmons, the city’s representative on the library board of directors, indicated the board had recently presented Newman with a plaque in recognition of her years of service.
“She has done a fantastic job,” Emmons said.
FIBER OPTIC INSTALLATION
Ald. Balzraine asked about the authority for crews installing fiber optic cables in the city limits for internet service.
Verticchio said the crews are authorized by state and federal law under legislation to boost rural access to internet services.
“They have a right to lay lines,” Verticchio said. “They can’t lay lines on top of any existing utilities, like water and sewer lines. I can tell you from the experience of other municipalities, they don’t pay any attention to that. They lay line over a water line, so if we have a water main break, we’re going to hit their line. What we need to do is to document that so we know where their lines are.”
City Clerk Terri Koyne said the company is supposed to provide a map showing the location of their lines.
Responding to a question, Verticchio further advised that one the company starts adding subscribers and connecting homes to the line, the city will have a right to impose a franchise fee.
CHICKEN ORDINANCE
The council declined to take any action toward amending the city’s zoning ordinance to allow residents to maintain more than six chickens on residential properties in the city. Last month, Travis Darling approached the council about expanding the number of chickens allowed to 15, saying he wanted to raise more chickens for meat and eggs to feed his family.
Verticchio said another option for Darling would be to petition the Zoning Board to rezone his property for agricultural use.
WATER TOWER MAINTENANCE
the council voted unanimously to contract with CorrPro, Chesterfield, Mo., to perform a routine annual inspection of the city’s water tower at a cost of $925. The inspection will include replacing bulbs in warning lights atop the tower. CorrPro has performed the annual inspection for the past several years.
BUSINESS LICENSES
The council unanimously approved a business license for Grace VanDoren, owner of Bells and Whistles, for a food truck to be permanently located at 301 Central Avenue. The business serves coffee and currently operates in various locations in the city and county.
The council, however, deferred action on a business license application from Anthony Girdner for Chunx Food Truck. Gardner said he was hoping to acquire a truck to serve snow cones and ice cream but had not arranged for a permanent location.
“We have a food truck ordinance,” Verticchio pointed out. “You don’t need a business license for that.” Verticchio said the ordinance requires the food truck operation to be certified by the Macoupin County Public Health Department and to pay a fee of $100 for one day of operation, plus $24 for each additional day. He said a business license would only be required if Girdner establishes a permanent location from which to operate.
TRUCK REPAIR
In other action, the council authorized payment of $6,647.84 to Area Diesel Service, Carlinville, for repairs to the city’s dump truck.
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Meeting in their new quarters for the first time, members of the Benld City Council voted unanimously Monday night to approve a property tax levy request, approved a first installment payment for work completed at the Benld Family Sports Complex, and appointed a new deputy city clerk.
As of the last two weeks of December, Benld City Hall has been relocated to its new location at 218 East Central Avenue. The new building, the former location of First National Bank and Associated Bank, provides an improved venue for public meetings, a private room for executive sessions, plus office space and a drive-up window for water customers to drop off payments.
On a motion by Ald. Jerry Saracco, the council voted unanimously to approve a property tax levy request of $123,576.03 for 2024 taxes to be collected in 2025. The new levy request is about $3,000 more than the 2024 levy of $120,605.29. The Property Tax Extension Limitation Law (PTELL), approved by Macoupin voters in 1995 limits annual increases of no more than five percent or the Consumer Price Index, whichever is less. The current CPI, essentially the rate of inflation, currently is 3.4 percent. The levy approved Monday night represents an increase of less than three percent over the previous year’s levy.
Broken down by line item, the new levy seeks property tax revenue of $30,500 for administration, compared with $30,000 last year; $5,900 for the annual municipal audit, compared with $5,800 a year ago; $1,200 for the municipal band, which is unchanged from the previous year; $6,250 for street and bridge maintenance, compared with $6,090 the previous year; $5,350 for parks, compared with $5,250 last year; $44,636 for police protection, compared with $43,169 last year; $5,000 for social security, which is unchanged from the previous year; $1,200 for unemployment insurance, which also is unchanged from a year ago; $2,450 for workers’ compensation insurance, compare with $2,400 a year ago; and $6,500 for liability insurance, compared with $6,386 a year ago.
Additionally, the levy request includes $14,590.03 for the Benld Public Library, compared with $14,110.29 the previous year. Though included in the city’s tax levy request, the library is considered a separate taxing body.
The new levy will be submitted to the Macoupin County Clerk, who is responsible for calculating the appropriate tax rates to generate the levy.
BENLD FAMILY SPORTS COMPLEX PAYOUT
The council voted unanimously to authorize payment of $54,347,94 to J.P. Solutions, Benld, the general contractor for the Benld Family Sports Complex, located on the former site of Benld Elementary School.
The payment covers preliminary earth work at the site, including excavating and grading, sidewalk removal and trenching. City Clerk Terri Koyne reported that workers currently are installing playground equipment.
Community Unit School District 7 transferred the site to the city after a mine subsidence event destroyed the sever-year-old Benld Elementary School. The city secured a $600,000 Open Spaces Land Acquisition and Development grant through the Illinois Department of Natural Resources last year. The city will oversee development of the park, after which management and maintenance will be turned over the Benld Sports Association.
Ald. Saracco noted the city has received half of the grant money and voiced concerns that the city could lose the second half if the facility is not completed by the end of April. Mayor Jim Kelly assured the council that HMG Engineers confirmed the facility will be completed on schedule and if the construction does go past April, the second installment of the grant will not be withdrawn.
Earlier in the meeting, Ald. Saracco reported he attended a meeting at Gillespie City Hall regarding the status of nearly $60,000 in CEJA grant funds due to the City of Benld. Saracco said the money was expected to last November or December but has been delayed. Originally, the city planned to use the money to pay for demolition of the former Tarro Supermarket on East Central Avenue. When emergency circumstances arose, however, the city had to proceed with the demolition before receiving the funds. He recommended using the money, when it arrives, to purchase a new emergency siren or to replace a culvert on East Central Avenue.
NEW DEPUTY CLERK
On a motion by Ald. John Balzraine, seconded by Ald. Lance Cooper, the council voted unanimously to appoint Geir Perkins as Deputy City Clerk to assist the City Clerk with office work. In a separate action, the council approved expenditure of about $125 to have Perkins certified as a Notary Public and to buy a notary stamp for her use.
CITY PROPERTIES AND ORDINANCE VIOLATIONS
No action followed a 20-minute executive session requested by City Attorney Rick Verticchio to discuss a small claims lawsuit filed against the city by Monte Oberman in connection with property at 215 East Central Avenue that Oberman agreed to sell to the city in lieu of abating a public nuisance.
In related property matters, the council directed Verticchio to send notice of an ordinance violation to the owners of the former Benld Senior Nutrition Center, 205 East Central Avenue, for bricks falling from the front wall onto the sidewalk.
Verticchio also was directed to pursue action against the owners of 407 and 409 South Fourth Street for allegedly allowing persons to live in the residences without passing a building inspection. Ald. Balzraine said someone is living in a mobile home at 407 South Fourth and in a home located at 409 South Fourth.
Verticchio said he is working in court to get authorization to enter the mobile home for purposes of an inspection. A hearing is scheduled this Friday to obtain an administrative search warrant that will allow the city’s housing inspector to enter the residence.
CULVERT PURCHASE
On a motion by Ald. Dustin Fletcher, the council approved replenishing the city’s stockpile of culvert materials at a cost of $9,506.17.
SNOW REMOVAL COMPLAINT
Ferdinand Girardi appeared before the council to voice concerns about snow removal practices following the most recent snowstorm. Girardi said city workers threw up a three-foot embankment in front of his driveway when city streets were plowed and refused to plow access to his driveway. Ald. Balzraine disputed that there was a three-foot embankment in front of Girard’s home and confirmed that city crews are not responsible for plowing private driveways.
“What do you expect me to do?” Girardi wanted to know.
“I want you to take care of your driveway like everyone else,” Balzraine replied.
“You expect a 97-year-old man to get out and shovel out a driveway?”
“No,” Balraine responded, “I expect you to hire someone like everyone else does.”
Mayor Kelly reiterated that cars must be moved off streets during a snow emergency.
“If there’s a car in the road,” Kelly said, “the police will call you to move it. If you don’t move the car, it will be towed. Cars have to be off the road and plows have to be able to get through when there’s a snow emergency.”
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Macoupin County Board members voted unanimously Tuesday night to authorize a $1 million project to resurface about 2.7 miles of Staunton-Bunker Hill Road.
County Engineer Tom Reinhart told the board that the section of Staunton-Bunker Hill Road was selected to expend remaining Rebuild Illinois funds because it could be improved with an overlay without extensive patching or rebuilding. The board resolution approved Tuesday night appropriates $997,904.40, representing the balance of RBI funds allotted to the county, to mill and resurface more than 13,200 feet of Staunton-Bunker Hill Road, proceeding west from the county highway’s intersection with Illinois Route 4 near Staunton. Additionally, the board voted unanimously to approve a resolution entering into a $29,542 contract with Veenstra & Krimm, Inc., Springfield, to provide engineering, consulting and oversight services for the project.
A bid letting for the resurfacing is expected this spring.
In other action, the board agreed to sell 2.5 acres of surplus property and approved a controversial division of one lot in the Gander Subdivision between Brighton and Bunker Hill.
PROPERTY SALE
After an extensive discussion, the board voted unanimously to declare 2.55 acres of county-owned land lying to the east of Poggenpohl Redi-Mix and Construction, north of Carlinville, as surplus property and offer it for sale via sealed bids. Bids are due by Feb. 28.
Board member Todd Armour said at least one potential buyer has expressed interest in acquiring the property but “some members of the committee thought there might be other buyers.”
The board, however, tabled action on another six acres of property located west of the Poggenpohl facility.
“There’s another six acres out there,” Armour said. “The committee wondered if we should get an appraisal on all of it, advertise it for sale and get the county out of the property business.”
The additional six acres is contingent to the Macoupin County Fairgrounds, Armour said. A potential buyer expressed interest in buying it and allowing the Fair Board to use the property for overflow parking during the fair and other events.
Armour reported the committee retained Aumann Auctions to appraise the initial properties. The 2.55 acres now offered for sale was appraised at $60,000, with the initial 5.99 acres appraised at $110,000. A new appraisal would include the initial 5.99 acres, plus an additional six acres. State law requires the county to sell the property for a sum no less than 80 percent of the appraisal.
Board member Holly Klausing commented that selling the first 5.99 acres without including the second six-acre parcel could be problematic. “I’m afraid that if we sell these two parcels,” she said, “no one will be interested in the other six acres because it will be landlocked.”
Armour also noted that a farmer who is renting the land from the county has already added soil amendments for the upcoming growing season. “If we sell it out from under him, we’ll have to reimburse him for that,” Armour said.
Ultimately, the board agreed to offer the initial 2.55 acres east of Poggenpohl for sale while tabling a decision on the remaining property pending an appraisal and additional information.
GANDER POINTE SUBDIVISION
With three dissenting votes, the board approved a plan to subdivide Lot 1 of the Gander Pointe Subdivision near Brighton into three separate lots ranging from one acre to 1.5 acres in size.The issue has been under discussion by the board since December, with some board members questioning whether or not the subdivision owners were attempting to circumvent county ordinances defining the difference between major and minor subdivision developments. Gander Pointe currently is a minor subdivision subject to fewer rules and regulations than a major subdivision.
Aaron Coe, the county’s GIS Manager and Plat Officer, told the board that State’s Attorney Jordon Garrison had researched the issue and found no language in the county’s ordinances that would prevent Gander Pointe owners from further subdividing a lot depicted in the original plat. Further, the cities of Bunker Hill and Brighton, exercising their one and one-half-mile jurisdiction, both agreed to the resubdvision plan.
While the Road and Bridge Committee reviewed the resubdivision plan and recommended approval, a resolution to approve the plan was approved 15-3 with board members Tony Wiggins, Ross Arden and Gordon Heuer voting “no.”
LOTUS WIND FARM AGREEMENT
The board tabled a resolution to approve an engineering agreement totaling $941,000 for work in connection with improving roads to and from the Lotus Wind Farm project in northwestern Macoupin County. County Clerk Pete Duncan said there were numerous questions about the resolution, including the cost of the contract. Scott Jansen, senior development manager for APEX Clean Energy, participated via telephone, telling the board he questioned the $941,000 figure. Questioned by Duncan, Jansen was unable to confirm whether or not the company would pay the cost directly or reimburse the county for the expense.
“I think the best thing to do is to table this agreement tonight,” Duncan told the board. “Let the committee talk about it and come back next month. We’re talking about a lot of money.”
Reinhardt agreed, suggesting the board invite Jansen to the February board meeting to answer questions and provide additional information.
If approved, the resolution would authorize the county to enter into a contract with Cummins Engineering, Springfield, to oversee road improvements to support the weight of heavy equipment used in developing the wind farm.
“This resolution is solely for oversight,” Reinhardt said. “APEX is paying for it all. There’s no county money involved.”
Stretching across North Palmyra and North Otter Townships, the Lotus Wind Farm will have about 50 wind turbines capable of generating 200 megawatts of power—enough to operate 77,500 homes. The company website claims the project will create more than 100 jobs during the construction phase, plus nine permanent jobs when the facility is up and running. The wind farm is expected to generated upward of $57 million in new property tax revenue over the life of the project.
FOUR MONTH REVENUE REPORT
Duncan presented a financial report for the first four months of the current fiscal year, show revenues for the General Fund to be down by $32,000 from a year ago at this time. He said revenue from sales tax, income tax and the personal property replacement tax have been significantly higher in past years.
“Obviously, it’s going to be tight,” Duncan said, “and that’s why I’ll be doing a review every month.”
GREAT RIVERS AND ROUTES TOURISM BUREAU
Board members unanimously approved a routine resolution in support of the Great Rivers and Routes Tourism Bureau. The annual resolution is assists the Bureau in seeking annual re-certification from the State of Illinois.
“In my opinion, they do a good job for us,” said Armour in moving to approve the measure.
OTHER ACTION
In other action, the board:
- Appointed Dale Lawrence and Joe Perkins, and re-appointed Noah Sisson to three-year terms ending on Feb. 28, 2028, on the Emergency 911 Board, and designated Perkins as an “at-large” member.
- Appointed Duncan as the Freedom of Information Act officer for the county board.
- Approved Chairman Larry Schmidt committee appointments as follows:
- Building and Grounds: Harry Starr, chair; Jim Ibberson, vice-chair; John Blank, Gordon Heuer, Ryan Kilduff, John Trevino, Tony Wiggins.
- Courts: Kristi Dunnagan, chair; Kilduff, vice-chair; John Payne, Molly Rosentreter, Arron Stayton, Blank, Wiggins.
- Economic Development: Holly Klausing, chair; Starr, vice-chair; Blank, Kilduff, Dunnagan, Payne, Rosenterer.
- Finance: Payne, chair; Todd Armour, vice-chair; Ross Adden, Mark Dragovich, Bernie Kiel, Blank, Heuer,
- General Administrative: Kiel, chair; Stayton, vice-chair; Leann Barr, Klausing, Ibberson, Trevino.
- Labor Management: Armour, chair;Dunnagan, vice-chair; Stayton, Dragovich, Heuer, Klausing, Trevino.
- Liquor Commission: Ibberson, chair; Klausing, vice-chair; Barr, Blank Rosentreter, Starr, Wiggins.
- Public Safety: Stayton, chair; Dragovich, vice-chair; Barr, Adden, Ibberson, Payne, Starr.
- Road and Bridge: Kiel, chair; Heuer, vice-chair; Adden, Armoiur, Barr, Rosentreter, Wiggins.
No action followed a five-minute executive session to discuss employment in the State’s Attorney’s office.
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Carlinville – The Macoupin County Agriculture Education (MCAE) Foundation is offering 6 – $1,000 scholarships for the upcoming 2025-26 school year to students wishing to pursue agriculture majors.
The MCAE Foundation offers scholarships to provide encouragement and financial assistance to Macoupin County residents and/or students of Macoupin County schools who display well-balanced attributes of good citizenship, commitment to activities and scholastic ability.
The applicant must be a graduating high school senior or a current college student who plans to attend or is attending an Illinois junior college, college, university or Career Technical Education (CTE) program, and majoring in agriculture.
Applications are available through your high school guidance counselor, high school agriculture instructor or the Macoupin County Farm Bureau® (MCFB®). An electronic copy of the application can be requested by contacting the MCFB® office by telephone or by email at: mcfb@gomadison.com
All applications must be submitted to the MCFB® office by March 27, 2025. Any questions can be directed to the MCFB® office at 217/854-2571.
