BERRIEN TOWNSHIP PLANNING COMMISSION

MEETING MINUTES

Monday, March 15, 2010

The Berrien Township Planning Commission met with the Berrien Township Board of Trustees at the Berrien Township Hall to continue working on the Zoning Ordinance.

CALL TO ORDER

The Berrien Township Planning Commission met on Monday, March 15, 2010 at 7:00 p.m.

for a regular meeting.  Vice-Chairman Ron Harner called the meeting to order and opened with

the Pledge of Allegiance to the American flag.

ROLL CALL

Planning Commission Members Present:  Vice-Chairman Ron Harner, Secretary Doug Shelton, Dave Riedlinger, Robert Norris and Ross Rogien.

Members Absent:  Chairman Dale Sherwood and Karen O’Dell. 

Berrien Township Board of Trustees:  Paul Bixby, Mary Jane Dean, Harold Bishop, Julie Burke and Ross Rogien.

Others Present:  Mike Clark with Williams & Works, Building Inspector , James Hoover and recording secretary Rebecca Downey.

NEXT MEETING

The next meeting is set for Monday, April 19, 2010 at 7:00 p.m. 

MINUTES

Motion by Robert Norris, supported by Doug Shelton, to approve the minutes from the February 22, 2010 meeting.  All ayes, none opposed.   Motion carried.

BUILDING PERMITS

The Building Permit Report along with the Electrical Permit Report was presented by Building Inspector, James Hoover.  In February there were three (3) Building Permits issued with fees collected of $100.  Two (2) Electrical Permits were issued with fees collected of $286.00. 

OLD BUSINESS

Proposed Zoning Ordinance:  Discussion began on the Zoning Ordinance.

Mobile Home Regulation & Inspection

Mike Clark from Williams & Works stated that the Michigan Residential Building Code allows for reasonable and probable cause to allow for a Building Inspector or Zoning Administrator to make an inspection.   This would be sufficient to provide for the township needs as far as mobile home inspections. The law presented from the Michigan Township Association would allow for period inspections to regulate rental units within the township.  It is not a requirement to be put in place.

Medical Marijuana – Special Land Use

It was stated that an ordinance may need to be created to manage this law for Berrien Township.   Mike Clark went over the regulations provided by the State of Michigan.  Doctors will have the ability to legally prescribe marijuana for certain illnesses. Those with the specific medical conditions would be issued a special identification card that would protect them from arrest or imprisonment for growing or possessing amounts solely for their personal use, provided that they are in compliance with the law.  The State will be required to issue an ID card within 20 days of receiving a completed application and registry fee from a qualifying patient.  Patients will be allowed to choose to cultivate their own medical marijuana in an enclosed, locked facility or to designate a caregiver to do so for them. Caregivers will be allowed to assist no more than five patients.  They would be able to grow five (5) plants per patient. 

A Special Land Use could be required for a caregiver.  The caregiver would be required to follow Michigan Laws as well as the regulations required by the township.  Mike Clark will provide a sample Land Use currently in place by other townships in Michigan. 

A moratorium was also discussed.  Mike Clark stated that Grand Rapids, Michigan has a moratorium currently in place.  He would forward a copy of that to the Township Hall for review.

Motion by Robert Norris, supported by Dave Riedlinger to put a moratorium in place concerning the medical marijuana for a period of 11 months to allow for further investigation.  All in favor, motion carried. 

Zoning Ordinance

Mike Clark informed the board that the updated copy of the Berrien Township Zoning Ordinance will be available for review at the next Planning Commission meeting.  The next steps would be:

• Review by the Planning Commission
• Review by the Berrien Township attorney
• Public Hearing, which will be posted and published
• Berrien County review
• Township Board of Trustees for final approval

It was questioned whether or not a Public Hearing needed to be held at the Township level.  Mike Clark stated he would check to see if this step is optional. 

NEW BUSINESS

ADJOURNMENT

Motion by Dave Riedlinger, supported by Doug Shelton, to adjourn meeting.  All ayes, none opposed.   Motion carried. 

Minutes as recorded by Rebecca Downey, Planning Commission Recording Secretary and approved by:

_______________________________________

Doug Shelton, Planning Commission - Secretary