BA ADOPTS SEVERAL ORDINANCE AMENDMENTS

BAD AXE -- Council adopted a slew of city ordinance amendments
Monday, including one regulating the location and operation of
primary caregivers and operating medical marijuana dispensaries under
the Michigan Medical Marijuana Act.

The ordinance states it is necessary for the health, safety and
welfare of the city to adopt the ordinance, which is six pages long
and includes a number of restrictions/regulations.

The bottom line, however, is that any medical marijuana dispensary is
prohibited within the city. The ordinance defines a medical marijuana
dispensary as a facility, including a growing co-op, where a primary
caregiver who is legally registered by the Michigan Department of
Community Health may lawfully assist up to five qualifying patients
who also are legally registered by the state with the acquisition of
medical marijuana in accordance to state law.

The prohibition applies to any dispensary, regardless of a person's
ability to legally grow marijuana in the state, because medical
marijuana use/growth is not allowed by federal law and the city's
ordinance states, "Every medical marijuana dispensary must comply
with and not be contrary to all local, county, state and federal laws."

Council unanimously voted to adopt the ordinance amendment and it --
along with four other ordinance amendments adopted Monday -- will
become effective 20 days after publication.

The other ordinances changes approved Monday included adding sections
prohibiting outdoor furnaces and overnight parking of recreational
vehicles, and amending sections pertaining to garage sales and
maximum height of vegetation.

The ordinance amendment prohibiting outdoor furnaces states, "No
person, corporation, partnership or entity shall install, use or
maintain an outdoor furnace fired by wood, corn, pellets, coal, gas
or any other type of combustible material within the City of Bad Axe."

Per the ordinance, violators will be subject to a $10 civil fine,
reimbursement to the City within 48 hours for charges assessed for
the expense of the abatement, plus costs and other sanctions for each
infraction. The ordinance states fines will be increased for repeat
offenses, starting at $25 for the first repeat offense and $50 for
second and any subsequent repeat offenses.

Councilman Dave Rapson explained the purpose of the ordinance is to
prohibit outdoor burners because they can cause disruption to the
rest of the neighborhood.

Council adopted the ordinance in a roll call vote, with all but
Councilman Nick Rochefort voting in favor of the ordinance. Prior to
the vote, Rochefort questioned whether it would be possible to allow
the use of outdoor furnaces for some properties that are located in
such a way, like on the city boundaries, that they wouldn't disturb others.

The ordinance prohibiting overnight parking states recreational
vehicles are not allowed to be parked on any street in the City of
Bad Axe during the hours of 11 p.m. and 7 a.m.

The ordinance states recreational vehicles include, but are not
limited to, boats, motor homes, fifth-wheel trailers and travel trailers.

Violators of this section of the ordinance will be subject to a $10
civil fine for the first offense, $25 for the first repeat offense
and $50 for second and any subsequent offenses.

Regarding garage sales, the ordinance currently states violators are
subject to a $50 fine for the first offense and a $100 fine for any
subsequent offense. The amendment adopted Monday changes those fines
to $10 for the first offense and $25 for the first repeat offense
within any 18-month period. Any second or subsequent offense is $50.

The fines pertaining to those in violation of the section of the
ordinance pertaining to the maximum height of vegetation also were
changed through an amendment adopted Monday. The section of that
ordinance states it is unlawful for anyone to grow weeds, grass or
plants -- other than trees, bushes, flowers or other ornamental or
vegetable plants -- to a height exceeding 10 inches anywhere in the
city. Such plants, grasses or weeds exceeding that height are
declared nuisances.

The fees currently are $50 for a first offense, $150 for a first
repeat offense and $250 for a second or any subsequent offense. The
ordinance amendment adopted Monday changes the fees to $10 for the
first offense, $25 and $50 for any second or subsequent offense.

In other business during Monday's Bad Axe City Council meeting, the board:

. Scheduled a work study to review the city's recreation plan for
6:30 p.m., Dec. 20 in City Hall.

. Approved replacing the Cleveland Street water main and sewer main,
including sewer service leads. The cost to replace the water main is
estimated at $106,000 and the estimated cost for the sewer work is
$152,000. VanDeVusse said he anticipates the project will be bid out
in spring 2011.

. Tabled a motion to approve 2010-11 Paving Projects.

. Approved payment of bills in the amount of $158,930.78.

Also during Monday's meeting:

. Bad Axe Police Chief Dave Rothe presented donations to a number of
local organizations. He explained the department has been raising
funds over the past year to give back to the community. The
fundraisers, in addition to a $200 donation, raised $1,900. During
Monday's meeting, Rothe gave checks to representatives from the Huron
County Baby Pantry, Clothe-a-Child, Sacred Heart Food Pantry, Huron
County Hockey Association and Huron County Coats for Kids. The
department also has a check to give to the Huron County Senior Center
on Friday.

. Rothe presented a citizen recognition award to resident Fred
Edwards. The chief explained the department was dispatched to an East
Huron Avenue residence on Sept. 14, where an elderly male was lying
on the floor. It was determined the man suffered a stroke and was
lying there for six hours.

Police were notified of the man because Edwards, who was riding his
bike, heard calls from the residence, Rothe said. When he went to
investigate the situation, he found the man then went to a neighbor's
home to call police. Police then were able to respond and give the
man the help he needed.

Rothe said if it wasn't for the actions Edwards took that day, the
outcome wouldn't have been as favorable as it was.

. Councilman Jim Hall proposed the city create a multi-year budget to
avoid what has happened in the City of Essexville, which reportedly
has done a five-year projection based on property values and revenue
sharing that found the city will run out of money in three years.
Hall proposed creating a large advisory committee with city officials
and community members to formulate a multi-year budget projection to
get an idea of what the city's financial situation will be in the
future and brainstorm ways to prevent problems that may be on the horizon.

. City Manager Dale VanDeVusse thanked the Parade Committee for the
fantastic job done on the Bad Axe Christmas Parade. He also thanked
the local department of public works for keeping the streets clean
and the police department for providing traffic control.

Council's next regular meeting is set to follow the 6:30 p.m. work
study Dec. 20 in City Hall, located at 300 E. Huron Ave. in Bad Axe.