CALL TO ORDER- Call to order at 6 pm by Chairman Wieber.
In attendance: Wieber, Flynn, Bollenberg, Wildie, Orr.
Excused: Code enforcement officer Pitcher, Alison Michalak, Recording Secretary, ZA Robert Hall,.
Public Present: 12 including Heather Hollick, Molly and Ray Franks, Brooke Haase, Brooke Kaminski, Anne Noah, Christine Stapleton, Paula Figura, Lisa Pyne and Robin Talsma.
A MOTION by Wieber, SUPPORT by Wildie to accept the agenda as with amended with addition of postcards and survey discussion; Motion Carried, all ayes.
A MOTION by Wieber, SUPPORT by Flynn, to accept the minutes with the change of email address to benzoniatownship.gov from the January 15, 2026 meeting; motion carried, all ayes.
PUBLIC INPUT
Eric VanDussen -comments Jason not client of Foster Swift, why has he taken the lead on a zoning ordinance. Judge Thompson has held that the ordinance a zoning ordinance not a police power ordinance. If the commission is considering scheduling a hearing, suggests legal counsel. Forerunner is already threatening to sue, it could get WBJPC sued. No Board Member should be an enforcer of the applications.
Steve Stephens – Follow on what Eric said. Judge confirmed. Our board tabled discussing and Jason moved forward.
Matt Rothemal – Representing Baldwin Provisions, respects opinions. Conflict of interest was Megan Barnard who no longer works. There is conflict with the original ordinance. There will be litigation. Baldwin will most likely have litigation if we don’t move forward. Forerunner group had offered Megan a job in his office. Doesn’t believe there was ever a conflict with Jason.
Anne Noah – Minutes on the agenda. Thanking for getting materials out only got then 2 days ago. Public feels left out without info on the website. Echo what Eric said. Client of McKenna is WBJPC & township officials represent WBJPC. Encourages an email distribution so McKenna sends it to all.
STAKEHOLDER COMMITTEE REPORT
Heather Hollick-group met Feb. 4 in two working sessions. The meeting was positive and productive. McKenna took all of our ordinances and made it a 2-dimensional table. Questions to consider-Does this current land use table make sense, what’s missing, should this be more? The stakeholders are working through 3 lenses: looking back, looking around, & looking ahead.
Orr comments progress is being made and good information is being given to McKenna.
Bollenberg explained on Jan 26 we went through the entire postcard survey. Stakeholder committee came through with very thorough work and felt like it is getting done right.
Wieber commented on the January 15 meeting and apologized to audience and commission and felt McKenna didn’t have a 3rd lens. Thanked the stakeholder committee.
Orr stated the stakeholder work sessions were purposely held without McKenna to keep costs down. Wieber stated that the Commission will hold McKenna to the contract and keep pace to ensure that it aligns with the with the time resources of the stakeholder committee and the Planning Commission.
NEW BUSINESS – Marijuana Zoning Ordinance
Wieber reviewed the courts determination that this amendment is a zoning ordinance, not a police power ordinance. There is a current threat of litigation.
Wieber stated the changes in the proposed amendment draft- maximum 5 applications and the zoning language changed.
Wieber reminded commission of a similar situation while in the middle of the zoning rewrite with the Watershed Overlay.
Orr remind it is only a draft.
Wieber read letter of threatened litigation.
Questions the urgency of the Township to approve an ordinance while currently in a rewrite process.
Orr explained the current legal representation for Benzonia Twp.
Wieber queried Can Foster Swift continue to
represent the Planning Commission.
Bollenberg concerned of how the order should proceed.
Wieber states this should wait until the zoning rewrite is done. Priorities previous to the completion of the zoning rewrite were identified as the Data Center Ordinance and the WBJPC administrative ordinance. Consider a hearing for all ordinances that need to be a priority.
Wildie agrees that the marihuana ordinance isn’t a priority.
The members discussed holding a zoning ordinance hearing for both Watershed and Marijuana Ordinance. Wieber and Orr discussed clarification on legal representation.
Orr agrees that the watershed and marihuana hearings be held together for the benefit of the Taxpayer.
Wieber stated a 15-day notice is required before a hearing can be held. Foster Swift will be contacted for advisement.
MOTION by Wieber, Support by Wilde to Hold a special hearing at the March 12 regularly scheduled meeting to review Watershed Overlay Ordinance – All Ayes, motion carried.
MOTION by Wieber, Wildie supported to hold a public hearing on March 12 to make recommendations on the recreational marijuana ordinance pending official legal opinion and justified request from Benzonia Township; motion carried, All Ayes.
Bollenberg asked about binders for stakeholders. Clarifying questions regarding correct addresses. QR code, links and paper copies will be available for the public.
COMMISSIONER ROUNDTABLE
Wieber thanked Stakeholder members, commission members and Mary Pitcher for all their time with their efforts.
ANNOUNCEMENTS
Open house for the stakeholder committee at the Benzonia Township Hall
1:00pm to 3:00pm and 5:00pm-7:00pm
PUBLIC INPUT
Anne Noahsaddened by what we just did. Variance could have been applied for. Overlays are being used in GT county addressing mixed use. Asks that Sunkissed Hills and the Platte Township campground issue be placed on the agenda as unfinished business- asked current status of the campground. Suggested review of the Master Plan, recommended Sara Kirk to refresh and review Master Plan. Survey could pair with that. Have McKenna get on board with our suggestions.
Heather Hollick– 2nd what Anne said. Not all stakeholders are familiar with the Master Plan.
Mary Ferens– wholeheartedly agree because that’s what she thought we were doing in the first place. Important to do as a group and the public. Concerned about all the legalities of marijuana ordinance. Get strong legal advice.
Eric VanDussen– Agrees with the getting strong legal advice.
Stated that it was the chair’s responsibility to contact legal counsel. Sections of the marijuana ordinance have a lot more issues than the current litigation.
Next meeting is Thursday, March 12, 2026, 6pm.
Stakeholder meeting is Tuesday, February 17, 2026
A MOTION by Wieber, SUPPORT by Wilde to adjourn at 7:30 pm
Julie Orr recorded meeting/Alison Michalak transcribed 3/3/2026
Respectfully submitted,
Alison Michalak, recording secretary