The Benton Harbor Planning Commission on Nov. 11 declined to lift contingencies for a proposed business occupancy after commissioners said required documents — including a security plan, property-line delineation and proof of business registration — had not been verified in the official record.

The discussion centered on whether the security plan and related surveys had been formally received and reviewed by city staff. "The plan is complete," said Joe Bullocks, who identified himself as the person who prepared and delivered the materials. Bullocks told the commission he had "gave [a copy] to McGinnis" and handed a copy to Justin (staff) at the meeting.

Commissioners repeatedly emphasized that the commission must rely on an official staff review before removing contingencies. "It has to be reviewed and approved by the public safety director," a commissioner said, noting that review is required "by the zoning ordinance". Commissioner Bell warned that allowing occupancy before satisfying contingencies would "go against our own ordinance" and legal advice, and urged routing contingency checklists through the city clerk so staff can verify submissions quickly when items return to the commission.

A staff speaker reported a conflicting account: "According to chief McGinnis, he does not have a security plan and has not been in contact with Bullock for months". That statement directly contradicted Bullocks' assertion that he had given a copy to McGinnis and discussed the plan with him. The commission did not resolve the discrepancy at the meeting and said it needed an official, recorded submission to confirm receipt.

Commissioners and staff described the process they want followed to avoid similar disputes: documents should be delivered to the clerk's office or otherwise logged so there is incontrovertible evidence of receipt, rather than informal handoffs. "We went through some of the same kind of thing," a staff speaker said, urging mailed or clerk-filed submissions so the record shows when items were turned in.

The legal paperwork reviewed by the commission showed no certificate of occupancy, no valid business registration and that the building had previously been posted "unsafe to occupy," staff said. Because those items remain unresolved, the commission did not remove contingencies and indicated the earliest formal action will be after staff review and the December meeting when any required letters and documents are on file.

The commission asked staff to notify the clerk when contingencies have been met so the commission can act at a future meeting. Until the city verifies and records the required approvals, the conditional approval language ("we approve these on contingency") remains in effect, commission members said.

What happens next: staff will confirm whether Chief McGinnis has the security plan and will either record the submission via the clerk or request Bullocks to submit materials through the clerk's office; if all contingencies are met and documented, the commission said it will remove contingencies at a future meeting.