AGENDA REGULAR TOWNSHIP BOARD MEETING TUESDAY, DECEMBER 3, 2019 5:30 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES November 19, 2019 – Regular Meeting Page 2 AGENDA AMENDMENT UNFINISHED BUSINESS 1. Public Hearing – Higman Park Hill #1 Paving Project Page 3 Special Assessment Roll 2. Public Hearing – Higman Park Hill #2 Paving Project Page 14 Special Assessment Roll 3. Lake Michigan College Liquor License Request Page 27 4. Water/Sewer Rate Increases Resolution Page 30 5. Trash Truck Purchase/Act 99 Financing Resolution Page 32 6. Authorization to Pay the Bills a. Bill Listing Cover Page Page 50 b. Check Register Page 51 c. Check Disbursement Report Page 55 7. Supervisor Appointment Page 66 PUBLIC COMMENT * Any questions should be put in writing and presented to the Clerk’s Office. * ADJOURNMENT Next Regular Board Meeting – Tuesday, December 17, 2019 NEW BUSINESS 1
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AGENDA REGULAR TOWNSHIP BOARD MEETING TUESDAY, DECEMBER … · 12/3/2019 · Acquistion Trust) for a special land use permit (SLUP) extension until 4/1/2020 because of a financing
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AGENDA
REGULAR TOWNSHIP BOARD MEETING TUESDAY, DECEMBER 3, 2019
5:30 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
November 19, 2019 – Regular Meeting Page 2
AGENDA AMENDMENT
UNFINISHED BUSINESS
1. Public Hearing – Higman Park Hill #1 Paving Project Page 3 Special Assessment Roll
2. Public Hearing – Higman Park Hill #2 Paving Project Page 14 Special Assessment Roll
3. Lake Michigan College Liquor License Request Page 27 4. Water/Sewer Rate Increases Resolution Page 30 5. Trash Truck Purchase/Act 99 Financing Resolution Page 32 6. Authorization to Pay the Bills
a. Bill Listing Cover Page Page 50 b. Check Register Page 51 c. Check Disbursement Report Page 55
7. Supervisor Appointment Page 66
PUBLIC COMMENT * Any questions should be put in writing and presented to the Clerk’s Office. *
ADJOURNMENT
Next Regular Board Meeting – Tuesday, December 17, 2019
NEW BUSINESS
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MINUTES OF THE REGULAR MEETING OF THE BENTON CHARTER TOWNSHIP BOARD HELD NOVEMBER 19, 2019 AT 5:30 P.M.
BENTON CHARTER TOWNSHIP MUNICIPAL BUILDING 1725 TERRITORIAL ROAD-SUITE B, BENTON HARBOR, MICHIGAN
bentonchartertwp.org
BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT Clerk Carolyn Phillips Trustee Carolyn Fowler
Trustee Rosie Hudson Treasurer Debbie Boothby
Trustee Linda Scarbrough ALSO PRESENT
Trustee Cathy Yates Andy Dean – Building Inspector
Tammy Taylor – Recording Secretary
The meeting was called to order at 5:30 p.m. by Clerk Phillips followed by a silent invocation and the Pledge of Allegiance.
The minutes of the regular meeting held November 5, 2019 were unanimously approved as presented on a motion by Trustee Yates; seconded by Trustee Hudson.
There was no Agenda Amendments.
Under Unfinished Business: Final draft of the 2019 Masterplan (distributed to Board Members at the 11/5/2019 meeting for review), meets all the requirements of the Michigan Planning Enabling Act. Correspondence was received from the Berrien County Planning Commission and St. Joseph Charter Township. Township Building Inspector Andy Dean answered board members questions. Motion by Clerk Phillips; seconded by Trustee Yates to adopt the resolution approving the 2019 Masterplan as recommended by the Planning Commission. Motion was carried unanimously by roll call vote.
Under New Business: Request was received from Campbell Law Office (representing Granoff Acquistion Trust) for a special land use permit (SLUP) extension until 4/1/2020 because of a financing delay. The board approved the SLUP on 11/20/2018 for his client to convert the old Payless Tire Store into a convenience store/gas station at 806 E. Napier Ave. (11-03-0031-0039-05-04). SLUP’s expire one (1) year from date of approval. Motion by Trustee Scarbrough; seconded by Trustee Yates to approve the SLUP extension request. Motion was carried unanimously by roll call vote.
Next was the Berrien County Information Systems 2020-2021 annual tax processing services agreement; 2020 - $10,461 plus increase in BS&A software cost (1.024); 2021 - $10,461 plus estimated increase in BS&A software cost (1.019). Motion by Clerk Phillips; seconded by Trustee Scarbrough to approve the Berrien County Information Systems 2020-2021 annual tax processing services agreement. Motion was carried unanimously by roll call vote.
Payment of the bills. Motion by Trustee Yates; seconded by Trustees Scarbrough and Hudson to approve payment of the bill listing totaling $256,019.39 as follows: General Fund-$61,838.48; Fire Fund-$6,969.25; Police Fund-$14,803.67; Sewer Fund-$126,101.47; Water Fund-$29,013.77; Public Safety Fund-$2,481.67; Equipment & Replacement-$5,241.08; Rental Ordinance Fund-$9,570.00. Motion was carried unanimously by roll call vote.
There was no Public Comments.
Under Board Members Comments: Thoughts and prayers for Trustee Carolyn Fowler.
The meeting was adjourned at 5:42 p.m.
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November 18, 2019
Notice of Public Hearing
Higman Park Hill #1 Paving Project Amended Special Assessment Roll
Township of Benton (Berrien County, Michigan)
TO THE RESIDENTS AND PROPERTY OWNERS OF HIGMAN PARK HILL #1, TOWNSHIP
OF BENTON, BERRIEN COUNTY, MICHIGAN AND ANY OTHER INTERESTED PERSONS:
PLEASE TAKE NOTICE that the Township Board will conduct a public hearing at the Township
Hall, 1725 Territorial Road, Benton Harbor, Michigan on December 3, 2019 at 5:30 p.m. to
consider approval of the amended Special Assessment Roll for the purpose of specially
assessing the thirty-five (35) benefited properties for the cost of paving Higman Park Hill #1.
PLEASE TAKE FURTHER NOTICE that the Township has received an amended paving cost
estimate, in the amount of $102,537.00, which is on file and may be examined at the Township
Assessor’s office, 1725 Territorial Road, Benton Harbor, MI 49022. The Township hereby
declares its intent to approve the amended Special Assessment Roll and finds the special
assessment roll to be in compliance with statutory requirements. The Higman Park Hill #1
Paving Amended Special Assessment Roll will be assessed as follows: $2,929.63 per parcel for
10 years (10 equal principal installments of $292.96) plus 4% interest. If the amended special
assessment roll is approved final costs will be determined after project bids are received. If the
cost estimate increases by more than 10%, notice of a redetermination hearing will be mailed to
property owners.
PLEASE TAKE FURTHER NOTICE that at the public hearing, the Township Board will consider
any written objections to any of the foregoing matters which might be filed with said Board at or
prior to the time of said public hearing as well as any revisions, corrections, amendments, or
changes to said Amended Special Assessment Roll. Appearance and protest at the public
hearing is required in order to appeal the amount of the amended special assessment to the
State Tax Tribunal. An owner or party in interest or his or her agent may appear in person at
the hearing to protest the amended special assessment, or shall be permitted to file his or her
appearance or protest by letter received at or before the public hearing.
All interested persons are invited to be present at the aforesaid time and place and to submit
comments concerning any of the foregoing.
Benton Charter Township will provide necessary reasonable auxiliary aids and services, such as
signers for the hearing impaired and audio tapes of printed materials being considered at the
meeting, to individuals with disabilities at the meeting upon five (5) days’ notice to: Carolyn
Higman Park Hill #1 Paving Project Amended Special Assessment Roll
WHEREAS, the Benton Charter Township Board, Berrien Cunty, Michigan, after due and legal notice, has conducted a public hearing on an amended assessment roll prepared by the assessing officer of the Township for the purpose of defraying the costs of paving within the Special Assessment District as shown on the plans and specifications for such project; and, WHEREAS, such public hearing was preceded by proper notice in the Herald Palladium, a newspaper of general circulation in the Township, and by first-class notice to each property owner of record within said district and upon said assessment roll (listing attached); and WHEREAS, a hearing was held the 3rd day of December, 2019 commencing at 5:30 p.m. comments were received from those present at such public hearing concerning said assessment roll and opportunity to all present to be heard in the mater; and, WHEREAS, no written objections were received to said roll and levy as record of anyone present to protest, and any written protests submitted at or before the public hearing were made a part of the minutes of the hearing; and, WHEREAS, the Benton Charter Township Board has reviewed the proposed amended assessment roll and considered all comments thereto and has found the proposed amended assessment roll, as presented, to be correct, just and reasonable; and, NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The amended assessment roll submitted by the Benton Charter Township Assessor shall hereafter be designated as Higman Park Hill #1 Paving Project Amended Special Assessment Roll and shall hereby be confirmed as the assessment roll for said district.
2. The assessments in said Higman Park Hill #1 Paving Project Amended Special Assessment Roll
shall be divided int (10) equal annual installments of principal to be placed on the property tax roll each year commencing with the 2020 winter roll and each and every year thereafter. All unpaid installments, as provided by Michigan Public Act of 1954, as amended, shall bear interest payable annually on each installment due at the rate of 4% per annum commencing on the first installment due date hereinbefore set forth. Any payments made before such first installment due date shall not bear any such interest.
3. Future due installments of an assessment against any parcel of land may be paid to the Township Treasurer at any time in full with interest accrued through the month in which the final installment is paid in accordance with the Michigan Public Act 188 of 194, as amended. If any installment of an amended special assessment is not paid when due then the installment shall be considered to be delinquent and there shall be collected, in addition to interest as provided by this section, a penalty at the rate of 1% for each month, or fraction of a month, that the installment remains unpaid before being reported to the Township Board for reassessment upon the Township tax roll, also in accordance with said PA 188.
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4. The assessments made in said amended special assessment roll are hereby ordered and directed to be collected by the Township Treasurer, and the Township Clerk shall deliver said amended special assessment roll to said Treasurer with her warrant attached, commanding the Treasurer to collect such assessments in accordance with the direction of the Township Board and said PA 188.
5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same are hereby rescinded.
Upon roll call vote on the adoption of the resolution, the following voted: Ayes: Nays: Absent: RESOLUTION ADOPTED.
CERTIFICATION The duly elected and acting Clerk of Benton Charter Township hereby certifies that the foregoing constitutes a true copy of a Resolution adopted at a regular meeting of the Benton Charter Township Board, Berrien County, Michigan, held on December 3, 2019, as indicated in said minutes and voted as therein set forth; that said meeting was held in accordance with the Open Meetings Act of the State of Michigan; and the foregoing excerpt contains all material pertinent to the Higman Park Hill #1 Amended Special Assessment Roll. _____________________________ Carolyn Phillips, Township Clerk
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November 18, 2019
Notice of Public Hearing
Higman Park Hill #2 Paving Project Amended Special Assessment Roll
Township of Benton (Berrien County, Michigan)
TO THE RESIDENTS AND PROPERTY OWNERS OF HIGMAN PARK HILL #2, TOWNSHIP
OF BENTON, BERRIEN COUNTY, MICHIGAN AND ANY OTHER INTERESTED PERSONS:
PLEASE TAKE NOTICE that the Township Board will hold a public hearing at the Township
Hall, 1725 Territorial Road, Benton Harbor, Michigan on December 3, 2019 at 5:30 p.m. to
consider approval of the amended Special Assessment Roll for the purpose of specially
assessing the twenty-five (25) benefited properties for the cost of paving Higman Park Hill #2.
PLEASE TAKE FURTHER NOTICE that the Township has received an amended paving cost
estimate, in the amount of $124,628.25, which is on file and may be examined at the Township
Assessor’s office, 1725 Territorial Road, Benton Harbor, MI 49022. The Township hereby
declares its intent to approve the Amended Special Assessment Roll and finds the amended
special assessment roll to be in compliance with statutory requirements. The Higman Park Hill
#2 Paving Amended Special Assessment Roll will be assessed as follows: $4,985.13 per parcel
for 10 years (10 equal principal installments of $498.51) plus 4% interest. If the amended
special assessment roll is approved final costs will be determined after project bids are received.
If the cost estimate increases by more than 10%, notice of a redetermination hearing will be
mailed to property owners.
PLEASE TAKE FURTHER NOTICE that at the public hearing, the Township Board will consider
any written objections to any of the foregoing matters which might be filed with said Board at or
prior to the time of said public hearing as well as any revisions, corrections, amendments, or
changes to said Amended Special Assessment Roll. Appearance and protest at the public
hearing is required in order to appeal the amount of the amended special assessment to the
State Tax Tribunal. An owner or party in interest or his or her agent may appear in person at
the hearing to protest the amended special assessment, or shall be permitted to file his or her
appearance or protest by letter received at or before the public hearing.
All interested persons are invited to be present at the aforesaid time and place and to submit
comments concerning any of the foregoing.
Benton Charter Township will provide necessary reasonable auxiliary aids and services, such as
signers for the hearing impaired and audio tapes of printed materials being considered at the
meeting, to individuals with disabilities at the meeting upon five (5) days’ notice to: Carolyn
Higman Park Hill #2 Paving Project Amended Special Assessment Roll
WHEREAS, the Benton Charter Township Board, Berrien Cunty, Michigan, after due and legal notice, has conducted a public hearing on an amended assessment roll prepared by the assessing officer of the Township for the purpose of defraying the costs of paving within the Special Assessment District as shown on the plans and specifications for such project; and, WHEREAS, such public hearing was preceded by proper notice in the Herald Palladium, a newspaper of general circulation in the Township, and by first-class notice to each property owner of record within said district and upon said assessment roll (listing attached); and WHEREAS, a hearing was held the 3rd day of December, 2019 commencing at 5:30 p.m. comments were received from those present at such public hearing concerning said assessment roll and opportunity to all present to be heard in the mater; and, WHEREAS, no written objections were received to said roll and levy as record of anyone present to protest, and any written protests submitted at or before the public hearing were made a part of the minutes of the hearing; and, WHEREAS, the Benton Charter Township Board has reviewed the proposed amended assessment roll and considered all comments thereto and has found the proposed amended assessment roll, as presented, to be correct, just and reasonable; and, NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The amended assessment roll submitted by the Benton Charter Township Assessor shall hereafter be designated as Higman Park Hill #2 Paving Project Amended Special Assessment Roll and shall hereby be confirmed as the assessment roll for said district.
2. The assessments in said Higman Park Hill #2 Paving Project Amended Special Assessment Roll
shall be divided int (10) equal annual installments of principal to be placed on the property tax roll each year commencing with the 2020 winter roll and each and every year thereafter. All unpaid installments, as provided by Michigan Public Act of 1954, as amended, shall bear interest payable annually on each installment due at the rate of 4% per annum commencing on the first installment due date hereinbefore set forth. Any payments made before such first installment due date shall not bear any such interest.
3. Future due installments of an assessment against any parcel of land may be paid to the Township Treasurer at any time in full with interest accrued through the month in which the final installment is paid in accordance with the Michigan Public Act 188 of 194, as amended. If any installment of an amended special assessment is not paid when due then the installment shall be considered to be delinquent and there shall be collected, in addition to interest as provided by this section, a penalty at the rate of 1% for each month, or fraction of a month, that the installment remains unpaid before being reported to the Township Board for reassessment upon the Township tax roll, also in accordance with said PA 188.
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4. The assessments made in said amended special assessment roll are hereby ordered and directed to be collected by the Township Treasurer, and the Township Clerk shall deliver said amended special assessment roll to said Treasurer with her warrant attached, commanding the Treasurer to collect such assessments in accordance with the direction of the Township Board and said PA 188.
5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same are hereby rescinded.
Upon roll call vote on the adoption of the resolution, the following voted: Ayes: Nays: Absent: RESOLUTION ADOPTED.
CERTIFICATION The duly elected and acting Clerk of Benton Charter Township hereby certifies that the foregoing constitutes a true copy of a Resolution adopted at a regular meeting of the Benton Charter Township Board, Berrien County, Michigan, held on December 3, 2019, as indicated in said minutes and voted as therein set forth; that said meeting was held in accordance with the Open Meetings Act of the State of Michigan; and the foregoing excerpt contains all material pertinent to the Higman Park Hill #2 Amended Special Assessment Roll. _____________________________ Carolyn Phillips, Township Clerk
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BENTON CHARTER TOWNSHIP Notice of Public Hearing Regarding Higman Park Hill #1 & #2
Paving Project Special Assessment Rolls
Please take notice that the Benton Charter Township board will hold a public hearing on the Higman Park Hill #1 & #2 Paving Project Special Assessment Rolls. Date of Meeting: December 3, 2019 Time of Meeting: 5:30 p.m. Place of Meeting: Benton Charter Township Hall
1725 Territorial Road Benton Harbor, MI 49022
Purpose of Meeting: Approval of the Higman Park Hill #1 & #2 Paving Project Special Assessment Rolls. A copy of the paving cost estimate is available for public inspection at the Benton Charter Township Assessor’s Office, 1725 Territorial Road, Benton Harbor, Michigan 49022 during normal business hours. Benton Charter Township will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities at the meeting upon five (5) days’ notice to the Benton Charter Township Clerk by writing or calling the following: Carolyn Phillips, Clerk Benton Charter Township 1725 Territorial Road Benton Harbor, MI 49022 (269) 925-0616 Advertised: Tuesday, November 26, 2019 Publication: Herald Palladium/Legal Ad
Affidavit Required
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Michael MoyerDirector Wine and Viticulture,Lake Michigan College2755 E. Napier Ave.Benton Harbor Ml 49022,
November 14 2019,Carolyn PhillipsBenton Charter Township1725 Territorial Rd.Benton Harbor Ml 49022,
Re: Lake Michigan College request for Class C liquor license for Culinary Department
Dear Ms. Phillips,
At this time, Lake Michigan College is requesting approval from Benton Charter Township for a Class C liquor license for its Hospitality and Culinary Management Program. As part of their education, students of Lake Michigan College's Hospitality and Culinary Management program will operate a full service restaurant, with limited hours. As a part of restaurant operations, service of alcoholic beverages is sometimes appropriate. A Class C liquor licensenecessary for this function.
To this end, Michigan law allows for culinary programs of accredited institutions of higher learning to obtain a Class C liquor license for the service and sale of alcoholic beverages. Michigan code requires local municipal approval for such a license.
Some time ago, Lake Michigan College went to Benton Charter Township to request approval for a Class C license for what was to be at the time the new Wine and Culinary Education Center. The Township Board granted thisrequest. However, the cost of locating both the Wine program and the Culinary program in the same building proved tobe well beyond the college's budget. Because of this, Lake Michigan College did not pursue the Class C license any further with the Michigan Liquor Control Commission.
Instead, a decision was made to locate the Hospitality and Culinary Management program and restaurant in the main academic building of the Napier campus. Specifically, the plan is for the program to be located in a newlyrenovated portion of the third floor of the L-wing in the main academic building. It is for a class C license for this space that Lake Michigan College seeks approval of the Township Board. As alcoholic beverage service is an important part of restaurant operations, the College believes that the class C license is essential to the academic program and the education of its students.
I would be happy to answer any additional questions that you might have. Thank you for your consideration.
Respectfully,
Michael Moyer
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BENTON CHARTER TOWNSHIP
COUNTY OF BERRIEN, STATE OF MICHIGAN
RESOLUTION TO AMEND WATER AND SANITARY SEWER
SERVICE RATES FOR PER UNIT USAGE
WHEREAS, Section 74-1 of the Township Ordinances states that the rates to be charged for water
service furnished by the system and for sanitary sewer usage shall be as set from time to time by
resolution of the township board; and,
WHEREAS, the rate changes are deemed necessary to offset the costs of providing such services;
NOW, THEREFORE, BE IT RESOLVED THAT the Benton Charter Township Board does hereby
establish the following rate changes, effective January 1, 2020 and upon January 1 of each subsequent
year listed below.
Water Service Provided Current Rate / Fee New Rate / Fee Jan. 1
The duly elected and acting Clerk of Benton Charter Township hereby certifies that the foregoing constitutes a true copy of a Resolution adopted at a regular meeting of the Benton Charter Township Board, Berrien County, Michigan, held on December 3, 2019, at which meeting all members were present as indicated in said minutes and voted therein set forth; that said meeting was held in accordance with the Open Meetings Act of the State of Michigan.
______________________________
Carolyn Phillips, Township Clerk
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Page 1 of 3
BENTON CHARTER TOWNSHIP COUNTY OF BERRIEN, STATE OF MICHIGAN
RESOLUTION APPROVING MUNICIPAL PURCHASE AGREEMENT
AND ACT 99 INSTALLMENT PURCHASE AGREEMENTS
Minutes of a regular meeting of the Township Board of Benton Charter Township, County of Berrien, State of Michigan, held on the ___ day of December, 2019, at 5:30pm. PRESENT: ABSENT: The following preamble and resolution were offered by Clerk Carolyn Phillips and supported by Treasurer Boothby:
WHEREAS, the Township Board of Benton Charter Township (the "Township") determines it to be necessary for the public health, safety and welfare of the Township and its residents to acquire equipment, specifically a trash truck, to be used by the Township Public Works department; and, WHEREAS, under the provisions of Act No. 99, Public Acts of Michigan, 1933, as amended ("Act 99"), the Township Board is authorized to enter into any contract or agreement for the purchase of equipment for public purposes, to be paid for in installments over a period of time not to exceed the useful life of the property acquired as determined by resolution of the Township Board; and, WHEREAS, the outstanding balance of all such purchases by the Township under the Act 99, exclusive of interest, shall not exceed one and one quarter percent (1-1/4%) of the equalized assessed value of the real and personal property of the Township at the date of such contract or agreement; and, WHEREAS, the acquisition of the Equipment pursuant to a municipal purchase agreement and Act 99 Installment Purchase Agreements will not result in the outstanding balance of all such purchases in excess of the limitation contained within Act 99 as set forth above; and, WHEREAS, the Township has received an offer for funding the purchase of the Equipment from Chemical Bank (“Chemical"); and, WHEREAS, a form of Municipal Purchase Agreement (the "Agreement") and Act 99 Installment Purchase Agreements have been prepared setting forth the terms and provisions of the sale of the Equipment to the Township and the payment by the Township therefor, and it is the desire of the Township Board to approve the purchase of the Equipment and to approve the general terms of the financing thereof as set forth in the Agreements and the execution thereof, subject to the completion of negotiations with the parties pertaining to the Agreement on the timing of the purchases.
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Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Agreements are hereby approved substantially in the form attached as Appendix A hereto with such additions, changes and modifications as shall be approved by the Township Clerk and Township Treasurer. The Township Clerk, Township Treasurer and the Township are hereby authorized and directed to execute the Agreement when in final form and deliver it to Chemical.
2. The useful life of the Equipment is hereby determined to be not less than five (5) years.
3. The Township Clerk, and Township Treasurer, or either of them, are each hereby directed and
authorized to execute such additional documentation as shall be necessary to effectuate the closing contemplated by the Agreements and the assignments thereof.
4. The Township hereby agrees to include in its budget for each year, commencing with the
present fiscal year, a sum which will be sufficient to pay the principal of and the interest coming due under the Agreements before each following fiscal year. In addition, the Township hereby pledges to levy ad valorem taxes on all taxable property in the Township each year in an amount necessary to make its debt service payments under the Agreements, subject to applicable constitutional, statutory and charter tax rate limitations.
5. The Township hereby designates its obligations under the Agreement as "qualified tax exempt
obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986 as amended (the "Code").
6. The Township covenants that, to the extent permitted by law, it shall take all actions within its
control necessary to maintain the exclusion of the interest component of the payments due under the Agreement from adjusted gross income for general federal income tax purposes under the Code including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable.
7. The acquisition of the Equipment and the approval of the Agreements hereby are found and
declared to be for valid public purpose and in the best interest of the health and welfare of the residents of the Township.
8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this
resolution be and the same hereby are rescinded to the extent of such conflict. AYES: NAYS: RESOLUTION DECLARED ADOPTED. ________________________ Carolyn Phillips, Township Clerk
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Page 3 of 3
CERTIFICATION
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
Township Board of Benton Charter Township, County of Berrien, State of Michigan, at a regular meeting held on December ___, 2019, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. ________________________ Carolyn Phillips, Township Clerk
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Page 1 of 4
MUNICIPAL PURCHASE CONTRACT
THIS MUNICIPAL PURCHASE CONTRACT (the “Contract”), dated as of November ___, 2019, by
and between BENTON CHARTER TOWNSHIP, 1725 Territorial Road, Benton Harbor, Michigan 49022, a
Michigan municipal corporation, (the “Township”), the Vendors as set forth in the Addendum A which is
attached hereto and incorporated herein, and Chemical Bank, 720 Pleasant Street, St. Joseph, Michigan
49085, (“Chemical”), as assignee of the Vendors, is as follows:
1. Purchase Price. The Township agrees to purchase certain equipment from the Vendor for the
purchase price set forth in the Act 99 Installment Purchase Agreement and Assignment Agreement of
Obligations of Benton Charter Township to Chemical, as set forth in Addendum A, attached hereto and
incorporated herein by reference. The total price of all equipment is $280,241.60.
The Total Purchase Price shall be payable in principal installments on the dates set forth on Exhibit
A attached hereto. Additionally, the Township shall pay interest on the unpaid balance of the Purchase
Price to Chemical as the assignee of the Act 99 Installment Purchase Agreements at the interest rate per
annum set forth on Exhibit A attached hereto, computed on the actual number of days elapsed over an
assumed year of 360 days. Such interest shall be paid from the date hereof (the “Delivery Date”) on the
unpaid principal balance of this Contract on the date Chemical deposits the sum of $280,241.60 into the
Escrow Fund to be established pursuant to Section 2 of this Contract. The payments shall first be applied
to interest and then to the principal remaining unpaid hereunder. All payments by the Township shall be
made to Chemical, as assignees of Vendors. It is hereby expressly acknowledged that the Township shall
have the right to prepay any amounts owed or owing under this Contract in inverse order of maturity
without any premium or penalty.
2. Escrow Account. There is hereby established with Chemical, as Escrow Agent, an escrow
account to be denominated “Benton Charter Township Sanitary Equipment Escrow Account (the “Escrow
Account”),” into which Escrow Account there shall be deposited the sum of $280,241.60 received by the
Escrow Agent from Chemical. The proceeds of such Escrow Account shall be used to make payments to
the Vendors in accordance with the Act 99 Installment Purchase Agreements. Chemical hereby consents
to the Township’s directions for the investment of moneys in the Escrow Account in investments which,
if such funds were Township funds, would be lawful investments under Michigan law. Any moneys earned
as a result of such investments shall remain in the Escrow Account until all payments required to be made
hereunder to Vendors have been made, and after such date of final payment, all sums remaining shall be
forwarded to the Township directly by the Escrow Agent and used solely and only by the Township on the
next interest payment date for debt service payments.
3. Indemnification of Escrow Agent. The Escrow Agent shall be indemnified and held harmless
by the Township from any and all losses, costs, damages, expenses, and claims, including reasonable
attorney fees, which Escrow Agent may incur or sustain as a result of or arising out of this Contract
including any litigation arising from performance of its duties hereunder, and the parties hereto will pay
them on demand, except for all losses, costs, damages, expenses, and claims, including reasonable
attorney fees, resulting from the gross negligence or willful misconduct of the Escrow Agent. Such
indemnification shall survive termination of this Contract until extinguished by any applicable statute of
limitations.
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Page 2 of 4
4. Limitation of Liability of Escrow Agent. The duties and obligations of the Escrow Agent
hereunder shall be determined solely by the express provisions of this Contract. The Escrow Agent shall
not be liable or responsible for any act done or step taken or omitted by it or any mistake of fact or law
or for anything which it may do or refrain from doing, except for its gross negligence, willful misconduct,
or willful default or failure in the performance of any obligation imposed upon it hereunder. Escrow Agent
shall not be charged with knowledge of any fact, including but not limited to performance or
nonperformance of any condition, unless it has actually received written notice thereof from a party
hereto or its authorized representative clearly referring to this Contract.
The Escrow Agent may conclusively rely upon and shall be protected in acting upon any statement,
certificate, notice, request, consent, order, or other document submitted to it pursuant to this Contract
and shall have no duty to inquire into its genuineness, correctness, sufficiency, or validity, or to require
substantiating evidence of any kind.
5. Escrow Agent’s Expenses. The Escrow Agent shall only be reimbursed for all disbursements
and expenses made or incurred hereunder, and only if it shall be required to perform extraordinary
services not contemplated herein, shall it receive reasonable compensation therefor. The Escrow Agent
shall not be required to institute or maintain litigation unless indemnification to its satisfaction for its
counsel fees, costs, disbursements, and all other costs, expenses and liabilities to which it may in its
judgment be subjected in connection with such action.
6. Termination of Escrow Agent’s Duties. The duties and responsibilities of the Escrow Agent
shall terminate upon the final payment from the Escrow Agent.
7. Disagreement. If at any time a disagreement shall exist as to the duties of the Escrow Agent
under the terms hereof or a disagreement between any of the parties hereto results in conflicting or
adverse claims or demands being made in connection with the escrow deposit held by the Escrow Agent
hereunder, the Escrow Agent shall be entitled, at its option, to refuse to comply with any such claims or
demands so long as the disagreement shall continue, and in so doing the Escrow Agent shall not become
liable in any way to any person for its failure or refusal to comply with such conflicting or adverse claims
or demands until: the rights of all claimants have been finally adjudicated by a court of competent
jurisdiction evidenced by a certified copy of such final judgment together with written evidence that any
right of appeal has expired, or a written agreement is reached by and between all disputing parties,
satisfactory to the Escrow Agent, and a copy of such agreement signed by all disputing parties shall be
given to the Escrow Agent.
8. Resignation of Escrow Agent. The Escrow Agent may resign as such following the giving of
thirty days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed
and replaced following the giving of thirty days prior written notice to the Escrow Agent by the other
parties hereto. In either event, the duties of the Escrow Agent shall terminate thirty days after the date
of such notice (or as of such earlier date a may be mutually agreeable); and the Escrow Agent shall then
deliver the balance of the Escrow Account then in its possession to a Successor Escrow Agent as shall be
appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent, or if
no Successor Escrow Agent has been so appointed, the then acting Escrow Agent shall deliver the balance
of the Escrow Account then in its possession to the Township to be held in a separate account by the
Township, provided, however, that if the Township has not made any of its required principal and/or
interest payments hereunder to Chemical, such balance of the Escrow Account shall be held unapplied by
36
Page 3 of 4
Chemical until the appointment of a Successor Escrow Agent. Upon acknowledgment by any successor
Escrow Agent of the receipt of the then remaining balance of the Escrow Account, the then acting Escrow
Agent shall be fully released and relieved of all duties, responsibilities, and obligations under this Contract.
9. Security and Tax Covenant. The obligation of the Township to pay principal and interest under
this Contract is a general obligation of the Township. The Township shall include in its budget and pay
each year, until this Contract is paid in full, such sum as may be necessary each year to make all payments
hereunder, when due. The Township covenants that it shall comply with all requirements of the Internal
Revenue Code of 1986, as amended, that must be satisfied subsequent to delivery of this Contract in order
that interest thereon be (or continue to be) excluded from gross income for federal income tax purposes.
The Township has designated the obligations under this Contract as “qualified tax-exempt obligations” for
purposes of deduction of interest expense by financial institutions.
10. Governing Law. This Contract shall be construed under the laws of the State of Michigan.
This agreement is made in accordance with and pursuant to Act 99, Public Acts of Michigan of 1933, as
amended.
11. Attachments. The following attachments are hereby incorporated and made a part of this
Contract:
Exhibit A – Amortization Schedule
Exhibit B – Addendum A – Act 99 Installment Purchase Agreements and Assignment
Agreements of Obligations of Benton Charter Township to Chemical.
12. Severability. If any provision of this Contract is held to be in conflict with any applicable
statue or rule of law or is otherwise held to be unenforceable for any reason whatsoever, such
circumstances shall not have the effect of rendering such provision inoperative or unenforceable in any
other case or circumstance, or of rendering any other provision or provisions of this Contract invalid,
inoperative, or unenforceable to any extent whatsoever.
13. Entire Contract. This Contract and the Act 99 Installment Purchase Agreements and
Assignment Agreements of Obligations of Benton Charter Township to Chemical constitute the entire
agreement of the parties hereto. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are hereby terminated.
14. Notices. Any declarations, notices, or papers necessary and proper to enforce this Contract
shall be delivered to the Township by first-class postage fully prepaid, addressed to Township, Attention:
Township Clerk and to Chemical at the address set forth in the recitals of this Municipal Purchase Contract
or at the latest other address which may have been specified by such parties and receipted for in writing
by the other party and such envelope shall be deposited in the Unites States Government mail.
15. Time of the Essence and Reports. Time shall be deemed of the essence of this Municipal
Purchase Contract. In addition, the Township agrees to furnish to Chemical so long as this Contract is in
force, copies of its annual audit as soon as the same is made available to the Township.
16. Successors and Assigns. The covenants and agreements herein shall bind the heirs,
beneficiaries, assigns and successors of the respective parties.
37
Page 4 of 4
17. Amendments. Any attempt to modify the terms of this Contract or of any supporting
document shall be ineffectual unless in writing, signed by both parties.
18. Counterparts. This Contract shall be effective immediately upon execution; provided,
however, that the assignment to Chemical of Vendor’s interest in the Act 99 Installment Purchase
Agreements and the payment obligations of the Township to Chemical, shall be effective on the Delivery
Date.
BENTON CHARTER TOWNSHIP ________________________________ Carolyn Phillips, Its Clerk ________________________________ Debra Ann Boothby, Its Treasurer CHEMICAL BANK As Assignee and as Escrow Agent
_______________________________
Its:
38
Page 1 of 2
ASSIGNMENT AGREEMENT OF OBLIGATION OF
TOWNSHIP TO CHEMICAL BANK
This Assignment Agreement is made this ___ day of November, 2019, by and between
CHECK REGISTER FOR BENTON CHARTER TOWNSHIP 1/3Page: 11/26/2019 09:06 AMUser: ADETTMANNDB: Benton Township
CHECK DATE FROM 11/15/2019 - 11/26/2019
AmountDescriptionVendor NameCheckCheck Date
Bank GEN2 GENERAL FUND
1,496.88 REFUND PARTIAL PERMIT FEES FOR PB190214 CPM CONSTRUCTION, INC.4685311/15/2019760.00 FOX MONEY LEFT AT SUICIDE--RECVD FROM DEPAT SCHUH4685411/18/2019
2,979.01 TELEPHONE BILLINGAT & T4685611/22/20197,879.64 DECEMBER RETIREE HEALTHBLUE CROSS BLUE SHIELD OF MICHIGAN4685711/22/20194,079.00 10/17-11/16/19 FUEL PURCHASESBP4685811/22/2019
140.00 REIMBURSE L PEARSON'S CDL TEST FEES PD BDUANE AVERY4685911/22/2019817.46 MISC OFFICE SUPPLIESOFFICE DEPOT BUSINESS CREDIT4686011/22/2019513.44 WIRELESS SERVICEVERIZON WIRELESS4686111/22/2019
6,175.41 10/16-11/15/19 FUEL PURCHASESWEX BANK4686211/22/2019278.05 HEALTH INSURANCEBARBARA KOSACHUK4686511/25/2019400.00 MONTHLY INSURANCE REIMBBRUCE MODIGELL4686611/25/201935.00 PHONE SERVICE REIMBCHRIS FUCHS4686711/25/2019
317.39 HEALTH INSURANCE REIMBURSEMENTDAVID DOAN4686811/25/201935.00 MONTHLY PHONE REIMBURSEMENTJAMES DEAN4686911/25/2019
400.00 HEALTH INSURANCE REIMBRICKY L. SCARBROUGH4687511/25/2019359.00 INSURANCE REIMBURSEMENTSTEVEN KNUTH4687611/25/2019400.00 INSURANCE REIMBURSEMENTVINCENT FETKE4687711/25/2019400.00 KOZA HEALTH INSURANCE REIMBWESLEY KOZA4687811/25/2019400.00 HEALTH INSURANCE REIMBURSEMENTWILLIAM J. VANRYSWYK4687911/25/201995.00 K TRYAN WATER OPERATOR CERTIFICATIONSTATE OF MICHIGAN4688011/26/201927.58 DEFADVANCE AUTO PARTS4688111/26/201969.25 ACETYLENEAIRGAS USA, LLC4688211/26/2019
241.18 UB refund for account: ADA1-000831-0000-ALSHOURBAGY, MOHAMED4688311/26/2019586.55 TELEPHONE BILLINGAT & T4688411/26/2019142.08 REPAIR HEATER IN SHOPBEAUDOIN ELECTRICAL CONST4688511/26/2019418.25 CLEANING SUPPLIESBEAVER RESEARCH COMPANY4688611/26/2019
2,019.59 NOVEMBER UTILITY BILLSBENTON CHARTER TOWNSHIP4688711/26/20191,475.00 UTILITY BILLSBENTON HARBOR POSTMASTER4688811/26/2019
88.00 A CARLSON HBP B VACCINEBERRIEN COUNTY HEALTH DEPARTMENT4688911/26/201960.00 TROUBLESHOOT LOCKER ROOM FURNACE ISSUEBOELCKE HEATING & AIR CONDITIONING4689011/26/201934.80 BANKING MILEAGE 11/14-11/20CHRIS CLARK4689111/26/2019
102.59 MOP & MAT RENTALCINTAS 4689211/26/2019
56.61 DPW FIRST AID STATIONCINTAS 4689311/26/201961.75 POLICE DEPT FIRST AID STATION93.28 TWP BREAKROOM FIRST AID STATION
211.64
445.17 INTERNET & CABLECOMCAST CABLE4689411/26/201976.56 NOV BANKING MILEAGEDEBRA BOOTHBY4689511/26/201963.20 REPAIR TWP HALL VACUUM CLEANEREDDY'S VACUUM CLEANERS4689611/26/201945.00 UB refund for account: LAU1-002169-0000-ESPINOZA, ROBERTO4689711/26/2019
140.00 REIMBURSE CDL DRIVING TESTJUSTIN PEARSON4691011/26/2019187.00 UNIFORMS FOR BOWERS & MURDOCHKEEPIN YOU IN STITCHES4691111/26/2019
79.90 FUSESKENDALL ELECTRIC, INC4691211/26/2019159.80 FUSES42.25 LIGHT BULBS FOR TWP HALL
(159.80)RETURNED FUSES
122.15
526.21 REPAIR PARTSKENNEDY INDUSTRIES, INC.4691311/26/2019131.08 MILEAGE TO PUBLIC MEETING WORKSHOPKYLE TRYAN4691411/26/2019
1,020.00 FLU SHOTSLAKELAND CARE INC.4691511/26/2019100.23 C STUEKER LABS 19-9361LAKELAND HOSPITALS4691611/26/2019109.00 METER PLUS MONTHLY SVCMARANA GROUP4691711/26/2019
3,435.00 FURNITURE FOR ELECTIONS OFFICEMETRO BUSINESS INTERIIORS, INC4691811/26/201925.00 PUBLIC SPEAKING WORKSHOPMI-AWWA PAYMENT PROCESSING4691911/26/201912.79 PARTS FOR TEST BALLMICHIANA SUPPLY INC4692011/26/2019
427.59 GAS BILLINGSMICHIGAN GAS UTILITIES4692111/26/2019754.51 MONTHLY MAINT & QTRLY OVERCHARGEMICHIGAN OFFICE SOLUTIONS INC.4692211/26/201975.00 2020 MEMBERSHIP DUESMICHIGAN STATE FIREMEN'S ASSOCIATIO4692311/26/2019
437.50 WATER ASSET MGT--CAP IMP PLAN DEVPT600.00 WATER SERVICE LINE INV--,MAPPING & GIS D
6,798.25 WATER SYS RECONFIG STUDY1,052.50 EUCLID WATER & SEWER IMPROV
927.50 CRYSTAL & MAIN RECONFIG
52,933.00
29.10 PHONES AT PARKQLT4692811/26/20191,102.62 WINTER TAX PREPARATIONSBF ENTERPRISES4692911/26/2019
113.57 EVIDENCE TAPE & COTTON SWABSSIRCHIE4693011/26/2019664.76 SEAL KIT FOR MAY ST LIFT STATIONSMITH & LOVELESS INC4693111/26/2019690.70 MISC OFFICE SUPPLIESSTAPLES ADVANTAGE4693211/26/2019
34.65 CASCADE DISH SOAPTHAYER, INC.4693311/26/201957.82 DAWN DISH SOAP
92.47 53
CHECK REGISTER FOR BENTON CHARTER TOWNSHIP 3/3Page: 11/26/2019 09:06 AMUser: ADETTMANNDB: Benton Township
CHECK DATE FROM 11/15/2019 - 11/26/2019
AmountDescriptionVendor NameCheckCheck Date
591.00 WATER SAMPLE TESTINGTRACE ANALYTICAL LABORATORIES, INC4693411/26/2019852.14 CHARGE CARD PURCHASESUNITED FEDERAL CREDIT UNION4693511/26/2019105.00 COMPACT SCALESUSA BLUEBOOK4693611/26/2019
'#'-INDICATES CHECK DISTRIBUTED TO MORE THAN ONE DEPARTMENT '*'-INDICATES CHECK DISTRIBUTED TO MORE THAN ONE FUND
115,766.28 TOTAL - ALL FUNDS
65
RESOLUTION TO FILL THE VACANT POSITION OF TOWNSHIP SUPERVISOR
WHEREAS, on December 3, 2019 Cathy Yates submitted her resignation as Trustee of Benton Charter
Township effective that date; and,
WHEREAS, on December 3, 2019 the Township Board of Trustees voted to accept the resignation and,
pursuant to Act 116 of the Public Acts of 1954, it is now necessary to make an appointment to fill the
vacant office of Township Supervisor; and,
NOW THEREFORE, BE IT RESOLVED, that Cathy Yates is hereby appointed to the office of Township
Supervisor and shall hold such office until a successor is elected at the next general November election
in the manner provided by law and qualifies for office.
The foregoing resolution offered by board member ______________and seconded by _____________.
Upon a roll call vote, the following voted
Ayes:
Nays:
Absent:
RESOLUTION ADOPTED.
CERTIFICATION The duly elected and acting Clerk of Benton Charter Township hereby certifies that the foregoing constitutes a true copy of a Resolution adopted at a regular meeting of the Benton Charter Township Board, Berrien County, Michigan, held on December 3, 2019, as indicated in said minutes and voted as therein set forth; that said meeting was held in accordance with the Open Meetings Act of the State of Michigan. _____________________________ Carolyn Phillips, Township Clerk