HB 7.1.2021 FINAL

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Page 10 — Thursday, July 1, 2021 — The Hastings Banner


Middleville planning commission hears few comments on marihuana ordinance


Brett Bremer
Sports Editor
The public did not take advantage of the
extra space provided by the Middleville
Planning Commission holding its hearing to
receive public comment on the issue of mari-
huana facilities in the village at the Thornapple
Kellogg High School auditorium Monday.
Only about two dozen area residents attend-
ed the hearing, and only four spoke to the
planning commission in regard to the pro-
posed amendment to the zoning ordinance
allowing recreational and medical marihuana
facilitates in the Village of Middleville.
Of the four members of the public who
stepped up to the microphone to share opin-
ions with the planning commission two were
opposed to allowing Marihuana facilities in
the village in general, one for allowing them
in general, and a fourth mostly concerned that
some of the requirements and restrictions on
marihuana facilities proposed by the planning
commission are an overreach of local govern-
ment that could eventually harm business in
general in the village.
The planning commission will take
Monday’s comments into consideration as it
prepares to vote on the proposed amendment,
likely at the regular planning commission
meeting Tuesday, July 6, in the council cham-
bers of the Village Hall at 100 E. Main Street
in Middleville. That meeting begins at 7 p.m.
Should it pass the planning commission
vote, the zoning ordinance amendment and a
regulatory ordinance will likely then be taken
up by the Middleville Village Council some-
time in August Brian Urquhart, Middleville
Assistant Manager and Planning/Zoning


Administrator, said at Monday’s hearing. The
Middleville Village Council meets on the sec-
ond and fourth Tuesday of each month.
“For the planning commission’s purposes,
if the ordinance is approved, the planning
commission will be responsible for the site
plan review and the special land use approval
of each [marihuana facility] license,” Urquhart
said. “That requires a public hearing, notifica-
tion in the Sun and News and also property
owners within 300 feet. To kind of restate
where we are at currently this has been a long
process, about two years, since we were
requested by village council to look into
adopting an ordinance. And here we are with
the public hearing requirement for the
Michigan Zoning Enabling Act.”
“There will be no more than five licensed
marihuana facilities in the village,” Planning
Commission Chair Jason Holzhausen read as
he opened the hearing. “Additionally, mari-
huana-related, retail-oriented businesses
including recreational retailers and medical
provision centers would be limited to two
licenses within the village, but they could
co-locate with other license types.”
Holzhausen and Urquhart briefed those in
attendance on some of the key points of the
proposed amendment which also include
operating hours between 9 a.m. and 9 p.m. for
marihuana facilities of any kind and a require-
ment that all marihuana facilities must be at
least 1,000 feet from a school, church or
childcare facility.
“The main reason I am here tonight, I am
not really for or against the marihuana issue
itself, but I am highly opposed to a lot of the
stuff that is wrapped up in this ordinance,”

Justin Workman of Freeport said. “I feel that
your job as a planning commission is to set
constraints on zoning where businesses can
go. I think you have done that with the ordi-
nance. Where I feel it goes off the deep end is
by limiting the number of businesses, the
number of opportunities. I know this is a very
contentious issue, but I’d hate to see that ever
go further in the future where you’re limiting
the number of beauty salons or grocery stores
or gas stations ...”
Workman does not want to see competition
limited, and questioned whether the applica-
tion process for one of the marihuana facility
licenses, which includes a $5,000 application
fee, may make it more likely that large corpo-
rations with experience going through the
process are more likely to be awarded one of
the licenses than a small, local entrepreneur.
A marihuana facility within 1,000 feet of a
school is still too close for Middleville resi-
dent Cori Curtis, who addressed the planning
commission.
“This ordinance would make this addictive
drug, proven by science to be detrimental to
young adults, within walking distance of our
schools,” Curtis said. “The 1,000-feet restric-
tion is less than two tenths of a mile, making
it easier to get into the hands of our youth.
“This proposed ordinance would allow five
marihuana based businesses in our village,
two of which could be retail shops. What
other business would be as prominent as this
in the Village of Middleville, with five differ-
ent locations? We barely have more than five
restaurants in the village. Do we want to be
know as the community that promotes drugs?
A drug that is federally illegal?

“The Village of Middleville recently spent
several thousands of dollars to rebrand itself
as a great community to raise a family. A
charming location “in the middle” that fea-
tures wonderful schools, small businesses and
outdoor amenities. To adopt the marijuana
ordinance would be in direct contrast to our
new Village brand, making our promises of a
family-friendly community untrue.”
Former Thornapple Township supervisor
Mike Bremer took the public microphone
first, and his sentiments were much like
Curtis’
“I understand you’re here at the behest of
your residents,” Bremer said to the planning
commission. “You got more ‘yes’ votes on
this subject than ‘no’ votes when it came up in


  1. That is why we’re here. Personal opin-
    ion, that is what all this is by the way, just
    because everybody says it is a good idea
    doesn’t mean it is a good idea.
    “That said I am compelled to be here
    tonight to share my extreme disappointment
    with the plans to pursue the invitation to mar-
    ihuana. After countless hours and years of
    joint planning, as the township supervisor
    with the Village of Middleville, to plan to
    maintain the rural atmosphere of our commu-
    nity, to create our very own ‘Mayberry’ if you
    will here tucked between the metropolises
    around us, I fail to see the marihuana indus-
    try’s role in that endeavor. Families come to
    the Middleville area because of our school


system and the close-knit, small town feel of
the district. How will the marihuana business-
es impact that?”
He expressed concerns that the revenue
generated by the village hosting the marihua-
na facilities may not cover the cost of the
increased police presence needed.
“The fact that the state of Michigan includ-
ed verbiage for increased local police protec-
tion in the recreational marihuana law itself
should have been the very first red flag that
came up and said, ‘is this what you want to do
to your community?’” Bremer said.
Fran French of Middleville stepped to the
microphone in favor of having marihuana
facilities in the village, stating that a person
must be 21 to get into a dispensary and pur-
chase marihuana.
“I don’t see anyone going into that dispen-
sary, buying something and standing on the
corner to sell it to the teenagers going to
school,” French said. “I don’t drink alcohol.
My husband doesn’t drink alcohol. My friends
have been killed by drunk drivers. I’d rather
somebody smoke a joint than go to the bar, get
drunk and go and kill somebody. I urge you to
pass this. Thanks.”
Curtis has similar concerns, but with mari-
huana, saying she lost a family member to a
drug addiction which began with recreational
marihuana use.

United Way special drive collects


more than 9,000 pounds of food


Greg Chandler
Staff Writer
Barry County United Way is calling its first
Summer Stock Up drive to refill the shelves
of local food pantries a success.
Between a collection of food last Thursday
at the Barry Community Enrichment Center
and monetary donations from the community,
the Summer Stock Up drive resulted in 9,
pounds of food being collected, BCUW
Director of Outreach and Community
Engagement Morgan Johnson said.
With the help of three local businesses that
had their own in-house collections – Flexfab,
Union Bank and Thornapple Credit Union –
United Way collected 1,457 pounds of food
onsite June 24.
“Flexfab did their own collection. Union
Bank and Thornapple Credit Union did their
own and asked for community involvement in
collecting,” Johnson said.
United Way asked especially for donations
of canned fruits and vegetables, boxed
macaroni and cheese and boxes of cereal.
In addition, the agency collected monetary
donations it will use to purchase food through
the South Michigan Food Bank at a cost of 19
cents per pound. With donations of nearly
$1,500, United Way will be to purchase 7,
pounds from the food bank, bringing the total
amount of food collected countywide to 9,
pounds.
“We couldn’t be happier with our business
participation and those who came out to
support our friends, neighbors and family
members struggling with food insecurities,”
Johnson said.
Local organizations supported by the
Summer Stock Up drive include the Hastings
Food Bank, operated by Barry County Cares;
the pantry at Middleville United Methodist
Church; Manna’s Market in Lake Odessa; and
the Hastings Fresh Food Initiative, which is
operated by United Way.
The Barry County Summer Stock Up was

one of 23 such food drives organized by
United Way offices across the state. The event
evolved out of the popular Christmas in June
annual food drive by United Way of Southwest
Michigan. Because of the COVID-
pandemic last year, UWSM pivoted from an
in-person food drop-off event to a virtual
event that provided safe shopping options
allowing donors to “shop their impact” by
giving online.
The success of Christmas in June caught
the attention of Kellogg’s, and the corporation
stepped in to help promote it as a statewide
Summer Stock Up. Kellogg’s served as the
lead sponsor of the drive.
One of the goals of the Summer Stock Up
is to help local families who are working but
essentially living paycheck to paycheck. A
recent United Way survey found that in 2019,
27 percent of households in Barry County
lived at or below what is called the ALICE –
asset-limited, income-constrained, employed


  • threshold. ALICE takes in the cost of basic
    household essentials: food, housing,
    transportation, health care, child care and a
    basic smartphone plan, according to United
    Way documents.
    For a single adult, the ALICE threshold is
    $23,400. For a family of four (two adults and
    two children), that level is $64,490. Two years
    earlier, the percentage of households in Barry
    County at or below the threshold was 37
    percent, according to United Way statistics.
    Several Barry County municipalities
    showed higher levels of households falling
    below the ALICE threshold in 2019. Castleton
    Township had 42 percent of households with
    incomes below the threshold. In Baltimore
    Township, that figure was 38 percent, and 35
    percent of households in the city of Hastings
    fell below the threshold, according to the
    United Way report.
    “Thank you, Barry County, and we are
    excited to expand this event even further next
    year,” Johnson said.


LEGAL NOTICES


Notice of Execution Sale on Real Property

Case Number 19-053225 ck Notice is hereby
given that by virtue of an Execution against
property, issued by the Judge of the 40th Circuit
Court , State of Michigan, against Mason and
Susan Richardson upon a judgment on 7-17-
in favor of Lakestone Bank Plaintiff, and against
said Def. Mason and Susan Richardson that on
3-8-2021 , I Sott Hope Deputy Sheriff levied the
writ of execution on and took all rights, title, and
interest of above said Def. Mason and Susan
Richardson in the following, real estate. Said levy
recorded in Barry County Records 2021-
PAGES 1 of 3 Land Situated in the township of
Orangeville County of Barry, State of Michigan
Commonly Known as 12011 Parkway Dr Tax Id 11-
006-082-13 Notice is hereby given I will auction all
of the Defendant rights title and interest in these
propertys as law directs to the highest bidder at
the location of the Barry County Court House in the
State of Michigan, on the 14rd Day of July 2021,
at 11:00 am. 5-21-2021 Signed this Date Scott L.
Hope Court Office/ Deputy Sheriff Any Questions :
Call Scott Hope at or (810)869-1001 Barry- State
of Michigan VS Richardson (5-27) (7-1)

(05-27)(07-01) 161234

NOTICE OF MORTGAGE SALE
DEFAULT having been made in the conditions of a
certain Mortgage dated October 18, 1994 as recorded
in Liber 617, Page 490 of the Barry County Register of
Deeds Office, made by VIOLET FINNANGER, a single
woman, whose address was 2700 Nashville Road,
Hastings Michigan 49058, as Mortgagor, as assigned in
the Barry County Register of Deeds to Bernard F. Banash
and Minnie B. Banash, husband and wife, whose address
was 8412 Jaspar Drive F-101, Newport Richie, Florida
34652, as subsequently assigned to their son, Bernard
Banash as shown in Barry County Record Number
2021-002987 on March 12, 2021, securing that certain
Note between Violet Finnanger as Debtor and Bernard
F. Banash and Minnie B. Banash, husband and wife, as
Creditor, dated October 18, 1994.
There is claimed to be due thereon, at the date of this
notice, for principal and interest, the sum of TWENTY SIX
THOUSAND SEVEN HUNDRED SIXTY SEVEN AND
40/100-($26,767.40) Dollars with interest at the rate of
10%, as secured by the above-referenced mortgage as
of the date of the sale, July 15, 2021. There also shall be
attorneys fees, unpaid real estate taxes and costs.
And no proceedings having been instituted to recover
the debt now remaining secured by said Mortgage, or any
part thereof, whereby the power of sale contained in said
Mortgage has become operative;
NOW, THEREFORE, NOTICE IS HEREBY GIVEN
that by virtue of the Power of Sale contained in said
Mortgage, and in pursuance of the statute in such case
made and provided, the above said Mortgage, will be
foreclosed by a sale of the premises therein described, or
so much thereof as may be necessary, at public auction,
to the highest bidder, at the Barry County Courthouse,
County of Barry, Michigan, that being the place of holding
the Circuit Court in and for said County on the 15th day of
July, 2021, at 1:00 p.m. Eastern Standard Time, of said
day and said premises will be sold to pay the amount so
as aforesaid then due on said Mortgage, together with
interest payable at the rate of 10%, together with late
fees, legal costs, attorneys fees and also any taxes and
insurance that said Mortgagee does pay on or prior to the
date of said sale together with interest thereon as though
on an open account at the rate of 5% per annum; which
said premises are described in said Mortgage, to-wit:
PREMISES SITUATED IN THE TOWNSHIP
OF HASTINGS, COUNTY OF BARRY, STATE OF
MICHIGAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST ¼ POST OF SECTION
5, TOWN 3 NORTH, RANGE 8 WEST, THENCE NORTH
300 FEET, THENCE EAST 322.5 FEET FOR THE POINT
OF BEGINNING. THENCE NORTH 256 FEET, THENCE
EAST 252 FEET, THENCE SOUTH 176 FEET, THENCE
SOUTH 88°6’ WEST 135.7 FEET, THENCE NORTH
89°14’ WEST, 74.6 FEET, THENCE SOUTH 1°13’ WEST,
76.5 FEET, THENCE WEST 40 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH A RIGHT OF WAY TO AND FROM
TWIN LAKES OVER THE NORTH 14 FEET OF A RIGHT
OF WAY AS DESCRIBED IN LIBER 315 PAGE 150. THAT
RIGHT OF WAY TO WALK TO AND FROM TWIN LAKE
AND THE RIGHT TO ANCHOR A BOAT ON THE SHORE
ADJACENT TO SAID RIGHT OF WAY AND ALSO AN
EASEMENT OVER A STRIP OF LAND PRESENTLY
EXISTING SOUTH OF A LINE DESCRIBED AT:
COMMENCING AT THE WEST ¼ POST OF SECTION
3, TOWN 3 NORTH, RANGE 8 WEST, THENCE NORTH
310 FEET, THENCE NORTH 85°50’ EAST 312.4 FEET,
THENCE NORTH 79°0’ EAST 64.8 FEET, THENCE
FROM SAID LINE IN A NORTHEASTERLY DIRECTION
OVER A DRIVE PRESENTLY IN EXISTENCE TO
PLAINTIFF’S PROPERTY AS DESCRIBED ABOVE.
GIVING ACCESS FROM THE ABOVE DESCRIBED
PROPERTY TO NORTH BROADWAY, COMMONLY
KNOWN AS M-43. ALSO TOGETHER WITH THE RIGHT
FOR AN EASMENT OF RIGHT OF WAY FOR THE
BENEFIT OF THE ABOVE DESCRIBED PROPERTY
FOR CONSUMERS POWER COMPANY AND
MICHIGAN BELL TELEPHONE COMPANY IN ORDER
TO HAVE ELECTRIC, GAS AND PHONE SERVICE TO
THE ABOVE DESCRIBED PROPERTY.
Commonly known as: Vacant land
The period of redemption will be six (6) months from
date of sale unless the property shall be determined to
be abandoned.
Dated: June 7, 2021
David H. Tripp
Drafted by:
David H. Tripp (P29290)
Tripp, Tagg & Storrs, Attorneys at Law
202 South Broadway
Hastings, Michigan 49058
(269) 945-
Q:\DHT Client Files\Banash, Bernard and Minnie\
Foreclosure\Notice of Mortgage Sale.doc 162329

STATE OF MICHIGAN
PROBATE COURT
COUNTY OF BARRY
NOTICE TO CREDITORS
Decedent’s Estate
FILE NO. 21-28867-DE
Estate of Keith Gilbert Coller, Sr. Date of birth:
08/09/1931.
TO ALL CREDITORS: known and unknown.
NOTICE TO CREDITORS: The decedent, Keith
Gilbert Coller, Sr., died 02/23/2021.
Creditors of the decedent are notified that all
claims against the estate will be forever barred
unless presented to Roger N. Coller, personal
representative, or to both the probate court at 206
W. Court St., Ste. 302, Hastings, MI 49058 and the
personal representative within 4 months after the
date of publication of this notice.
Date: 06/23/
Benjamin L. Cwayna P
11973 Sweetwater Drive
Grand Ledge, MI 48837
(517) 622-
Roger N. Coller
14365 Jenkins Road
Bellevue, MI 49021
(269) 243-0502 163192

STATE OF MICHIGAN
PROBATE COURT
BARRY COUNTY
NOTICE TO CREDITORS
Decedent’s Estate
FILE NO. 21-28870-DE
Estate of David L. DeYoung. Date of birth: 01/04/1961.
TO ALL CREDITORS:
NOTICE TO CREDITORS: The decedent, David L.
DeYoung, died May 24, 2021.
Creditors of the decedent are notified that all claims
against the estate will be forever barred unless presented
to Joseph M. Lorentz and Wendy K. Lorentz, co-personal
representatives, or to both the probate court at 206 W.
Court St., Ste. 302, Hastings, MI 49058 and the co-
personal representatives within 4 months after the date of
publication of this notice.
Date: 06/24/
Damon, Ver Merris, Boyko & Witte, PLC
John Boyko, Jr. P
825 Parchment Drive SE, Ste.

Grand Rapids, MI

(616) 975-
Joseph M. Lorentz and Wendy K. Lorentz
830 Ariebill Street SW
Wyoming, MI

(616) 531-6706 163331


S Y N O P S I S
RUTLAND CHARTER TOWNSHIP
REGULAR BOARD MEETING
June 9, 2021 – 7:00 p.m.
Regular meeting called to order and Pledge of
Allegiance.
Present: Bellmore, Spencer, Hall, Watson,
Hawthorne, Greenfield, James
Absent:
Approved the Agenda with one addition
Approved the Consent Agenda
Monthly Treasurer’s Report
Monthly Clerk’s Voucher/Payroll Report
Approved the tabling of the chicken discussion
for six months
Roll Call vote to use first come first served for
marijuana licensing
Motion passes
Approved budget of $1,800 for PA system
Approved payment of the MTA annual dues
Approved resolution 2021-269 FLU map
amendment
Approved ordinance 2021-177 rezone of land in
section 5 from CR to MDR

Adjournment 8:41 pm

Respectfully submitted,
Robin Hawthorne, Clerk

Attested to by,
Larry Watson, Supervisor 163490

STATE OF MICHIGAN
PROBATE COURT
BARRY COUNTY
NOTICE TO CREDITORS
Decedent’s Estate
FILE NO. 21-28718-DE
Court Address
2 06 West Court, Suite 302, Hastings, MI 49058
Court Telephone No.: 269-945-
Estate of David Joel Gilbert. Date of birth: 4/19/1949.
TO ALL CREDITORS:
NOTICE TO CREDITORS: The decedent, David Joel
Gilbert, died 10/17/2020.
Creditors of the decedent are notified that all
claims against the estate will be forever barred unless
presented to Anna Gilbert, personal representative,
or to both the probate court at 206 West Court St.,
Suite 302, Hastings, Michigan 49058 and the personal
representative within 4 months after the date of
publication of this notice.
Mariah Evans Fink P
3258 Broad St.
Dexter, MI 48130
734-426-
Anna Gilbert
8128 Main St. Apt. D
Dexter, MI 48130
269-720-9461 163537


STATE OF MICHIGAN
PROBATE COURT
COUNTY OF BARRY
LETTERS OF AUTHORITY FOR
PERSONAL REPRESENTATIVE
FILE NO. 21-28854-DE
Estate of HENRY C. SMOKER, JR.
TO: BOBBIE R. BULTHUIS
12526 MARSH RD.
SHELBYVILLE, MI 49344
TELEPHONE: 616-460-
TO ALL CREDITORS:
You have been appointed and qualified as personal
representative of the estate on 6/8/2021. You are
authorized to perform all acts authorized by law unless
exceptions are specified below.
New letters will be reissued upon the filing of properly
completed annual paperwork.
These letters expire: 8/8/2020.


Date: 6/8/
Claudia Rose, Deputy Register


I certify that I have completed this copy with the original
on file and that it is a correct copy of the original, and on
this date, these letters are in full force and effect.
Date: 6/8/
Claudia Rose, Deputy Register 163550


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PPOLICE BEATOLICE BEAT


Meth found in glasses case
An officer conducted a traffic stop on a vehicle crossing the fog line at 10:20 p.m. June


  1. The officer asked to search the vehicle and found a glasses case in the backseat with
    4.5 grams of methamphetamine and a pipe inside. The passenger who had been sitting near
    the case, a 38-year-old Delton woman, admitted to owning the meth. Information was
    forwarded to the prosecutor’s office. The driver was let go with a warning.


Drunken woman arrested at gas station
Police arrested a 59-year-old Nashville woman for operating a vehicle while she was
intoxicated at 12:55 a.m. June 24. An employee of the Shell gas station called police to say
the woman was in her vehicle in the parking lot and appeared to be intoxicated. Police
found an open container of vodka inside and that she had a 0.207 blood alcohol content.

Mother ditches ding-dong ditchers
Police responded to a report of a group of juveniles breaking into a car in Yankee
Springs Meadows trailer park at 3:56 a.m. June 24. An officer located the car, which
appeared to be intact, and found a group of kids nearby. One of the kids, a 16-year-old boy,
said they were hanging out with friends and “ding-dong ditching houses.” The officer told
them to go home, and went back to check the license plate of the vehicle. It belonged to
the mother of the 16-year-old, who said he had snuck out of the house and driven the car
to the trailer park. She then went to the park and took her vehicle home, leaving her son at
the park.

Shopper runs after attempting to shoplift
A Walmart employee called the police at 9:02 p.m. June 20 to report a man had attempt-
ed to steal multiple items from the store. The employee watched the man open a pack of
razors and use them to open other items in the store, then stuff them into his pants and a
plastic bag over the course of an hour. The items include a flashlight, jeans and a knife.
When the man reached the door, the employee confronted him. He ran out of the door, but
the employee was able to grab the bag out of his hand. The case remains under investiga-
tion.
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