By Joseph Schultz
It was a large, angry, and fearful crowd that assembled for the Gun Plain Township Board Meeting on Thursday night. The crowd of residents were angry about the Battery Energy Storage System (BESS) that was being reviewed by the Planning Commission, and the length of the data center moratorium. Many were also fearful due to rumors of a data center coming to the township.
For an hour, residents expressed their anger and fears to the board. Concerns about the ecological fallout should a BESS catch fire were mentioned frequently. There was also disgust with the board setting a four-month moratorium when other townships have set a twelve-month moratorium. Resident John Beck expressed the mood in the room best when he told the board, “Everyone was smart enough to know a ramrod when we see it.”
When the public comments were finished, and the board discussed the work on a data center ordinance, Township Supervisor Michael VanDenBerg stated that they had set a four month moratorium based on the advice from the township’s attorney. However, given the complexity of drafting a data center ordinance, he was going to tell the attorney that the township needs a twelve-month moratorium to complete the process.
The announcement was met with vast approval from those in attendance. VanDenBerg cautioned, however, that whatever length they set for the moratorium, it needed to be able to hold up in court. He reasoned that as long as the township was actively working on an ordinance, it was better to extend a moratorium than to set a long one that could be successfully challenged in court.
VanDenBerg also explained that state law does not allow a township to exclude a business entirely. While the township can create ordinances regulating a BESS or a data center, if those businesses comply with the regulations, the township must allow them into the community.
The township supervisor emphatically stated that, contrary to social media posts, the township does not have an application for a data center. Due to the moratorium, they could not accept an application at this time, and officials are not aware of any current interest in building one.
Regarding the BESS, VanDenBerg lamented that Public Act 233 (PA233) forced the township to draft a BESS ordinance, and review the BESS projects. If the township rejects the BESS application, those behind the project can appeal the decision to the Michigan Public Service Commission (MPSC). The MPSC has the authority from PA233 to overule local authorities and approve the project.
VanDenBerg went on to say that if a BESS project was approved, it would be under a Special Use Permit. Normally, if a business does not comply with the conditions of such a permit, the township has the authority to revoke it and shut down the operation.
However, VanDenBerg recently learned that Public Act 234 (PA234) prohibits townships from pulling permits on wind, solar, and BESS projects. The only recourse for a township is to ticket and fine the business for non-compliance.
PA 233 and 234 were passed in 2023 by the Michigan Legislature to help facilitate reaching Governor Gretchen Whitmer’s goal of having 100% of energy produced in Michigan to come from renewable sources. Governor Whitmer also appointed all the current members of the MPSC.
Currently, the BESS project is before the Planning Commission, who has set some requirements for approval of the permit. Those requirements are being reviewed by the township’s attorney. Once that review is complete, the Planning Commission will decide on the recommendation it will make to the township board.
Tornado Recovery
Several issues arose regarding the township’s ongoing recovery from the tornado. Supervisor VanDenBerg recommended that the Planning Commission make changes to the township’s camper ordinance.
Currently, the camper ordinance only allows for people to live in a camper for two weeks. VanDenBerg would like that timeframe extended for emergencies, as some residents are currently living in campers in violation of the ordinance, due to their homes being damaged by the tornado.
VanDenBerg noted that the township is not currently enforcing the ordinance because no one has filed a complaint. He expressed hope that residents “would not complain about their neighbors” during this difficult time.
The township fire chief also asked the board to be more lenient regarding burn permits. He stated that some residents have a significant amount of debris and would like to burn large quantities all at once, rather than in the small piles currently permitted.
The board noted that they may have to get approval from EGLE. They also took the opportunity to announce a clean-up day on May 16.
County Commissioner Report
District #5 County Commissioner Gale Dugan reported that the county commissioners have approved placing the Senior Millage on the ballot. Dugan also discussed how the county is assisting with the removal of debris left behind by the tornado. Additionally, Dugan put forth a call for foster care volunteers, noting that 180 children currently need homes.
Hall Rental
The board voted to waive the hall rental fee to a group of residents who wanted to hold informational meetings about the BESS and data centers.
Transparency
During board comments, Trustee Dana Albertson-Stowell addressed the mistrust she felt the community has toward the township board. Albertson-Stowell suggested changing the agenda format to allow the board to answer questions from the public directly. Clerk Martha Meert echoed this suggestion.
Residents also requested that special meetings be held after 6:00 pm to ensure more people are able to attend. There was a further suggestion to hold a joint town hall meeting featuring the board, the planning commission, and the residents. No date has yet been set for such a meeting.
