Houghton County has two new assistant prosecuting attorneys
Dan Helmer announced on Friday that he has hired two assistant prosecuting attorneys. Hilary Baker will be the chief assistant prosecuting attorney, and Alex Berger will be an assistant prosecuting attorney.
Houghton County’s new prosecuting attorney made a promise when he started work in December. He said that hiring assistant prosecutors to help handle the workload would be his first priority. And he’s done it, in record time.
Berger
Dan Helmer announced on Friday that he has hired two assistant prosecuting attorneys. Hilary Baker will be the chief assistant prosecuting attorney, and Alex Berger will be an assistant prosecuting attorney.
Both positions will start on February 5, 2024.
“I am excited to have Hilary and Alex join the team here to better serve the citizens of Houghton County,” said Helmer. “As I stated when I was sworn in, my top priority was filling these vacancies and ensuring that our community has the dedicated public servants that it deserves.”
Helmer
Before Helmer took the lead in the county prosecutor’s office, assistant prosecuting attorney positions had remained vacant, despite efforts to fill them. The level of pay and remoteness of Houghton County was blamed for the difficulty finding qualified assistant prosecuting attorneys who were willing to come and wanted to stay.
Baker is a graduate of Calvin University and Thomas M. Cooley Law School. She is a career prosecutor with 10 years of experience fighting for the most vulnerable victims. She specializes in cases involving juveniles, including abuse, neglect, and delinquency, as well as child abuse, crimes against children, and cases involving sexual assault. She has worked as an assistant prosecuting attorney in Kent and Muskegon counties downstate.
Berger currently manages his own criminal defense firm, Berger Law, out of Marquette. Following his graduation from Indiana University, Berger was a public defender in Wyoming before being elected Weston County Prosecutor there in 2018. Berger has extensive criminal law experience, protecting both the rights of the accused and victims of crime.
He will be the lead prosecutor for all matters before the 97th District Court and will assist with other criminal cases.
“Both appointees are extremely well qualified and respected in the legal community,” says Helmer. “They will bring years of experience that only complement the assets we already have. I look forward to working with them both and continuing to rebuild this office and make it the best in the state.”
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Houghton County’s high prosecutor turnover, explained
Lately, the Houghton County prosecutor’s office has looked like a revolving door. Prosecutors come; prosecutors go. What is going on? Is there internal political turmoil? Some kind of shenanigans?
Helmer
Lately, the Houghton County prosecutor’s office has looked like a revolving door. Prosecutors come; prosecutors go. What is going on? Is there internal political turmoil? Some kind of shenanigans? Foul play?
Apparently, none of the above. The Copper Beacon looked into the situation, and it seems to be caused by two problems all too familiar in the UP: It’s hard to lure professionals from urban centers to a small, rural area, and the pay can’t compete. So the county finds it hard to hire assistant prosecutors who will stay to help carry the workload. That puts the entire burden on the prosecutor. It causes prosecutor burnout, and they leave.
“The county can’t find assistant prosecutors,” says Jennifer Kelly, Houghton County Clerk. “Younger attorneys take the position, and then they leave because they found a better job downstate with higher pay.”
Back in the day, it was hard for a young prosecutor to get a job, Kelly points out. Now there are a lot of unfilled jobs, and people are going to the bigger cities because they pay more.
Kelly hopes the County Commission will raise the assistant prosecutors’ pay.
“That’s the only way we’re going to float,” she says. “The County Commission says it has budget issues, but they also say we’re doing so well financially.”
History of Turnover
When Michael Makinen left the Houghton County prosecutor’s job in 2019, 12th Circuit Court Judge Charles R. Goodman appointed Makinen’s assistant prosecutor, Brittany Bulleit, to handle the rest of the prosecutor’s term. Then, in 2020, she was elected to her own four-year term as prosecutor. Bulleit was in her third year of that term when Judge Goodman retired, and Governor Gretchen Whitmer appointed her last May to fill the vacancy on the bench.
That left the prosecutor’s position empty again.
In July 2023, Paul LaBine was appointed Houghton County prosecutor. A local attorney who was also serving as mayor of Hancock, LaBine said at the time,
“I’m excited to start. My primary task right now is to aggressively recruit some attorneys for the office. There should be three attorneys in this office, and I am the only attorney, so that will be my primary task.”
But he couldn’t do it. He couldn’t fill the assistant prosecutor positions. LaBine lasted less than two months before he resigned as prosecutor, citing issues with understaffing in the department and noncompetitive salaries being offered to assistant prosecutor candidates.
A New Prosecutor
Dan Helmer, an assistant prosecutor in Kent County downstate, was hired last October. He will be the third prosecutor in Houghton County this year.
Kelly swore Helmer in on Dec. 4, a day after a brutal murder involving another attorney at Houghton’s Douglass House Saloon. That was Helmer’s welcome to Houghton County. He will have to handle that case.
“But I think he knows what he’s getting into,” Kelly says.
Helmer is also facing an election in 2024, which could be a challenge since he’s new to the community, Kelly points out.
Although he was working downstate when he applied for the Houghton County prosecutor’s job, Helmer has roots in the UP. His family has lived in Marquette for 33 years.
He says he’s quite excited about being back in the UP. But he’s aware of the challenges he faces here.
“This is stressful work,” he says. “Prosecutors everywhere get burned out.”
Staffing is the biggest problem—not being able to attract talented staff and not being able to pay them a good wage, Helmer says.
“We’ve had two openings for assistant prosecutors here for over a year. We need to find talented attorneys, pay them a good wage and make them want to stay,” he goes on to say. “The state is paying so much for court-appointed attorneys that we can’t compete.”
The prosecutor’s caseload in Houghton County is enormous since his office must handle adult criminal cases, juvenile delinquency, family issues, custody disputes, and more.
“I can do it myself, but in the long run, that’s not sustainable,” Helmer says. “It’s enough to keep three attorneys busy. It is definitely a three-person job.”
The County Commission has approved slots for two assistant prosecutors. Helmer’s first challenge will be filling those positions. The new prosecutor says he has some people interested in the jobs. He is trying to be creative, he adds, considering options such as part-time or contract attorneys.
If Helmer succeeds in turning the prosecutor’s office around, maybe its door will stop revolving.
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To Stem the Flood
As of June, FEMA’s latest visit concluded, and they will now make a report to the state. According to Emergency Management Division Coordinator Chris VanArsedale, we now wait and see what happens.
Photo of flooded private land in Pelkie, submitted to the Flood Photo Submission Tool. Photo courtesy of Steve Irwin.
This year, flood emergencies once again swept the UP, prompting emergency management divisions across the peninsula to request federal assistance through programs like FEMA. There are two types of assistance to be applied for: public assistance (infrastructure, roads, municipalities, etc.) and individual assistance (privately owned properties and houses). Funds are then given back to the local emergency departments in a reimbursement process.
As of June, FEMA’s latest visit concluded, and they will now make a report to the state. According to Emergency Management Division Coordinator Chris VanArsedale, we now wait and see what happens.
Preventing Flood Emergencies: The Quest for a County Drain
In April, abandoned railway grades in Lake Linden blocked a water drain, causing it to become waterlogged and burst, resulting in a flood emergency. Situations like this prompt questions about who maintains these culverts.
“We still are very interested from the county’s perspective in pursuing County Drains within a lot of these municipalities. In the long term, we think it will be the best way to manage them,” says VanArsedale.
The Houghton County Emergency Division is working with the county board of commissioners to figure out how to get municipalities and people on board to have an established community drain. An established community drain would then be eligible for grants. It would give communities, in the long term, better overall preparedness.
“Right now, they are segmented. Part of the system might belong to the township, or the village, or the landowner. Even if they are maintaining their drains, are they coordinating together? If someone is putting in a 20-inch culvert, but someone [downriver] isn’t, that could cause problems. We want one continuous drain system to where it can be engineered to be coordinated,” says VanArsedale. “I think that’s a big step in the right direction.”
A county drain would make it so that the county assumes responsibility for the maintenance of a system of drains, rather than the individual municipalities or the landowners.
The catch is that a county drain has to be petitioned into existence by a group of at least 10 people that are within the drain district. Those people can petition their local township or city or village board. Then, the municipality can petition the county board of commissioners.
For example, Dollar Bay residents would petition the Osceola Township, who can then petition the Houghton County Board.
Farm equipment barely escaped the flooding in April. Photo courtesy of Steve Irwin.
There are 36 drains within the M-26 corridor alone, with the main area of concern in the stretch between Lake Linden and Dollar Bay. Other potentially hazardous areas include the drainage in between South Range and Painesdale, which threatens the ATV trail. The drains near Chassell all the way up to Ripley all have potential for damage, too.
“How much money it would cost is a concern,” said VanArsedale. “On the flipside, how much damage would it cost in the end? Are we paying more money by responding to it?”
Rural Hazard Resilience Project Hones in on Flood Preparedness
In the face of unpredictable natural disasters and the growing need for community preparedness, the Rural Hazard Resilience Project is empowering rural areas to overcome the challenges posed by flooding and secure a more resilient future for Michigan’s Upper Peninsula.
According to Evan Lanese, GIS/Planning Technician, the project is a collaboration between WUPPDR, Michigan Tech, and the University of Washington and involves the development of three main tools; the GIS visualization tool, a photo submission tool, and Google Earth engine.
GIS Visualization Tool
The GIS Visualization Tool is a map where you can toggle on and off different layers: transportation layers (roads and trails), critical infrastructure layers (schools and hospitalization), and other important things that an emergency manager would need to know to evaluate flood procedures. The map shows where flooding is most likely to happen.
“Let’s say there’s a nursing home that needs to be evacuated,” said Lanese. “They could use the tool to find the best route, say ‘Oh, this road is flooded or washed out, so we’ll have to go this other route,’ and adjust the time accordingly.”
Lanese does outreach, social media and web design for the project, but most importantly collects map data from other townships to create a more accurate map. Some landowners don’t want their map data to be public, and sometimes the follow-up between townships and Lanese takes months.
According to Lanese, collecting data for the map is a full-time job. The good news is that they’re comparing it with modeling systems collected by FEMA, and they’re matching up pretty well.
Flood Photo Submission Tool
You can help contribute to the effort by using the Flood Photo Submission Tool. The team is trying to get community members to take pictures of the flooding and tag the location to upload to our database. The tool then checks to see if what is pictured matches our flood models using real life data.
Submitting flood photos with tagged locations lets the Rural Hazard Resilience team double-check their data against real-world situations. Photo courtesy of Steve Irwin.
Google Earth Engine
The third tool is the Google Earth Engine, which allows you to select a certain area and choose a return period for flooding, like 25-year-flood versus a 500-year-flood, and gives you a flood hazard risk assessment. The assessment includes how many buildings might flood, how many people might be affected, how much farmland will be affected. The tools are all publicly accessible and can be used by the community to assess flood hazard risks.
The goal of the project is to offer this model at low cost to rural areas, making flood hazard mitigation accessible for counties that may not have the budget. Lanese hopes to see the models they develop expand to the entire UP.
If you’re interested in republishing this story, please email us at editor@copperbeacon.org.
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U.P. Flooding State of Emergency Deepens
As snow continues to melt and recent rains add to the water flow, the State of Emergency declared over spring flooding has expanded to cover eight counties in the Upper Peninsula.
Storm drains in Lake Linden have been cleared, but flows remain and debris is still on the road. Photo by Lily Venable.
As snow continues to melt and recent rains add to the water flow, the State of Emergency declared over spring flooding has expanded to cover eight counties in the Upper Peninsula.
On April 14, Gov. Gretchen Whitmer declared a State of Emergency for the flooding in Houghton and Gogebic counties. This emergency declaration applies to all of Houghton County, with most reported damage being in Lake Linden and Dollar Bay.
According to a press release from the governor's office, State of Emergency declarations have also been granted to Alger, Baraga, Dickinson, Iron, Marquette, and Ontonagon Counties as of Friday. Keweenaw County has not reported any significant damage at this time.
“Flows are way down from what they were,” Emergency Operations Manager Chris VanArsdale said. “We’re waiting to see, when the storm passes, if they’re going to pick back up or dry out. We’re in a holding pattern while the weather subsides.”
Photo courtesy of the office of Gov. Gretchen Whitmer.
The Houghton County Emergency Division warns residents to be mindful of water over the road and also of very soft roads. Gravel roads will be extremely soft, so drive towards the middle of the road if possible to avoid getting stuck. Also watch for soft shoulders on roads. The Houghton County Emergency Division continues to monitor water flow.
In a joint statement, State Senator Ed McBroom and Representative Greg Markkanen said in a press release, “We are grateful for the quick turnaround upon these local emergency declarations and needs. The MSP has been working diligently to help all our local officials and citizens. Our offices are ready to provide any assistance and work for the support we will need to repair and rebuild after the water recedes.”
DAMAGE REPORTS
Residents who have damage to their property are asked to report it either online at https://arcg.is/10ab1j or by calling 211. The purpose of reporting damage is so that the Houghton County Emergency Division can assess the damage as well as report to the State of Michigan how much assistance is needed through FEMA. There are two types of assistance to be applied for: public assistance (infrastructure, roads, municipalities, etc.) and individual assistance (privately owned properties and houses).
VanArsdale says that most damage being reported is road damage, so funds from the State of Michigan will go to stormwater system repair, road and shoulder repair, and repairs to any public infrastructure, including labor, overtime, and fuel for responding agencies.
PARTNERSHIP BETWEEN LOCAL AND STATE
“The disaster relief process is complicated,” remarks VanArsdale. “We’ve been through it, but some of the other counties haven’t, they’re learning as they go. The State has been great seeing what we need. They have been a great partner, and we are really happy working with them.”
The Emergency Management and Homeland Security Division (EMHSC), a branch of the Michigan State Police, has used their resources to broadcast public information, as well as to set up and maintain the 211 phone line and web link for damage reports.
“Every morning, they’re asking, ‘What do you need from us?’,” remarks VanArsdale. “[EMHSC Captain] Kevin Sweeney has been on our calls every morning. Actually, he called me Wednesday morning to see how the flooding is going and what we need from them. I was really impressed that he would take the time personally to see what we needed locally.”
WHO’S IN CHARGE OF MAINTENANCE?
The washed-out railroad grade above Lake Linden. Photo courtesy of Chris Van Arsdale.
In Lake Linden and Hubbell, most damage comes from several abandoned railroad grades. In Hubbell, the water is flowing through the grades, while in Lake Linden, one of these grades was blocking the flow of stormwater, becoming waterlogged, and subsequently bursting, causing a flood emergency.
“The railroad grades need to be checked. They’re not designed as dams, they’re designed as bridges,” explains VanArsdale. “The gray area is whose responsibility it is to maintain the culverts, and that’s a question that hasn't been resolved. So a lot of them aren't maintained. That causes problems.”
According to VanArsdale, EGLE recently paid an estimated $10 million to clean up some of these streams and culverts all over the Keweenaw, so some say it is EGLE’s responsibility to maintain the culverts. EGLE said they permit work on them, but it is not theirs to maintain. Some say the county should maintain the culverts, while others say the responsibility should be left to private landowners, where several of the culverts lie.
The washout of a home’s yard in Lake Linden. Photo courtesy of Chris Van Arsdale.
In spring of 2019, before the year’s snow melt, a meeting was conducted between Houghton County fire departments, police departments, and township and municipality representatives to discuss the county’s stance on the issue. It was ultimately decided that the responsibility was going to be left to the municipality to maintain the drains, but the conversation is still ongoing.
ACTIONABLE STEPS FOR THE INDIVIDUAL
If you are a landowner, have land surrounding these grades or gullies (there are 33 of these drainages in the area), or live next to one, make sure you aren’t dumping any garbage that might block the culverts.
“That’s definitely been an issue – dumping in the woods,” remarks VanArsdale.
Ask your local elected officials: What are they doing to maintain the drains? Is there a program in place? Are they having a contractor coming to check them or clean them every year?
Individuals or municipalities can petition the County Board of Commissioners to establish what’s called a county drain, a watershed which the County Drain Commissioner is responsible for maintaining. The county would then be responsible for maintaining the drain rather than the local municipality. This is a common arrangement in other parts of the state.
Flooding causes local state of emergency
Flooding between Lake Linden and Dollar Bay has led to Houghton County declaring a local state of emergency, according to a release from the Houghton County Office of Emergency Measures.
Flooding between Lake Linden and Dollar Bay has led to Houghton County declaring a local state of emergency, according to a release from the Houghton County Office of Emergency Measures.
Rapid snowmelt led to fast-moving waters and the bursting of an abandoned railroad grade that was acting as an earthen dam. Storm water systems have been overwhelmed, causing road closures and washouts.
Photos courtesy of the Emergency Management Coordinator Chris Van Arsdale.
The local declaration is the first step in requesting state assistance with the cost of the recovery. Initial estimates already put the cost of recovery over $150,000. First responders and government agencies continue to work to protect people and property, and restore road access.
The state of emergency began on Thursday, and will last for a week unless renewed.
UPDATE, April 14, 2023:
Houghton County has submitted a request to Gov. Gretchen Whitmer to declare a State of Emergency for the flooding, which was signed at 3:20 p.m. for Houghton and Gogebic counties. This clears the way for state assistance in management and recovery.
With the potential for wet weather this weekend, the Houghton County Emergency Manager is encouraging residents to drive with caution and be aware of the potential for rapidly changing water levels in streams and ditches.
Houghton County Commission passes 2nd Amendment resolution
Three years ago, the county board debated and voted 3 to 2 against a 2nd Amendment Sanctuary County resolution. On April 11, the board considered a revised resolution and passed it 4 to 1.
The Board of County Commissioners, left to right: Joel Keranen, Glenn Anderson, Tom Tikkanen, Roy Britz and Gretchen Janssen. Photo by Juxta Sprague.
Three years ago, the Houghton County Board of Commissioners debated and ultimately voted 3 to 2 against a Second Amendment Sanctuary County resolution. At its meeting on April 11, the board considered a new, revised resolution and passed it 4 to 1.
The new resolution does not mention the words “sanctuary county.”
The new resolution affirms support of “all constitutional rights, including, but not limited to, the right of the people to keep and bear arms.” It also calls for adequate funding of mental health services.
On the surface, it sounds reasonable and positive. But in fact, as several members of the public who packed the Circuit Courtroom Tuesday pointed out, its intent is to give the sheriff and other law enforcement officers the discretion not to enforce the new state gun control laws recently passed by the Legislature. The section on funding mental health services includes language that essentially guarantees that people with mental health issues will still have access to guns.
Sheriff Josh Saaranen is an outspoken advocate of the need for more and better mental health services, but he does not support ensuring mental health patients access to guns.
“I have no problem giving my opinion that, yes, we need to keep firearms out of the hands of not only dangerous felons, but adjudicated mentally ill persons, both of whom should be provided due process,” he said in an email.
Saaranen describes himself as a constitutional sheriff. Constitutional sheriffs say that they are the supreme legal authority with the power and duty to defy or disregard laws they regard as unconstitutional.
Saaranen had this to say about law enforcement discretion in enforcing laws: “As your sheriff, I am constitutionally charged to enforce the laws of the State of Michigan. Law enforcement, however, has long been allowed discretion. Discretion is used daily by all our deputies and local constabularies. This sound discretion will be used on the enforcement of any law as to not only protect the public, but also protect the rights of all citizens as guaranteed by the United States Constitution and the Constitution of the State of Michigan. As sheriff, I will enforce state law and protect every community member's inalienable constitutional rights to the best of my ability.”
The Circuit Courtroom, filled to standing-room only. Photo by Juxta Sprague.
Three issues emerged from a contentious, hour-long session of public comments before the county commission’s vote:
Does the county government have the right not to enforce laws that it deems unconstitutional?
Does the sheriff have the discretion not to enforce laws that he believes are unconstitutional?
Is the Second Amendment right to keep and bear arms limited or unlimited?
Objections to the Resolution
“I am opposed to the county board taking a stand that our county law enforcement officers should make their own independent assessment of constitutionality,” said Faith Morrison, a professor emerita of chemical engineering at Michigan Technological University. “Our system in the United States is that the courts are the ones that determine constitutionality.”
Morrison also urged the commissioners not to vote on the resolution at Tuesday’s meeting.
“The resolution was made available to the public only yesterday,” she said. “As is the usual practice of the board, time should be allowed for the citizens of Houghton County to hear the arguments for and against the proposal before the commissioners take a vote.
“What is constitutional or not is ultimately decided by the courts,” said Pete Ekstrom. “It should not be up to a law enforcement officer to decide.”
In response to the oft-cited claim that “guns don’t kill people; people kill people,” Ekstrom said, “It’s people with guns in their hands who kill people. The Second Amendment doesn’t guarantee the right to kill.”
Houghton City Councilman Craig Waddell said, “I am a gun owner, and I support common-sense gun control. But Second Amendment rights are not unlimited.”
Even Justice Scalia, the late conservative Supreme Court Justice, has stated that neither first nor Second Amendment rights are unlimited, Waddell pointed out.
“I think this resolution also puts the sheriff in a potentially awkward position,” Waddell said. “The Michigan constitution gives the governor the power to remove a sheriff who refuses to enforce state or federal law.”
Others spoke passionately about the danger of guns. “If a gun is present, someone is much more likely to use it,” said Joan Chadde. “You have guns; you have deaths.”
“Why aren’t the people who want guns at the forefront of efforts to ensure gun safety?” asked Donna Cole.
“I support sensible gun safety laws,” said Janeen Stephenson. “We are all safer when gun safety laws are enforced.”
Support for the Resolution
“Our constitutional rights need to be protected and affirmed,” said Brian Mason, pastor of the North Star Baptist Church. Mason spoke on behalf of the citizens who presented the resolution. “We are asking our commissioners to confirm their support for the Constitution. We singled out the Second Amendment because that is the one that is being politicized.”
Dan Holcomb. Photo by Juxta Sprague.
Dan Holcomb, one of the co-authors of the resolution, said his concern is “unlawful gun laws that only serve a political agenda and punish lawful gun owners.”
Holcomb said, “We firmly believe that if the Second Amendment is infringed, it will set a dangerous precedent that will undermine the rest of our constitutional rights, including, but not limited, to our first and fourth amendment rights.”
Holcomb is former chair of the Houghton County Republican Party. He has twice run unsuccessfully for a Houghton County Commission seat. The local Republican Party helped draft the resolution, said Mason.
“If the new laws are enforced, it would make it illegal to defend yourself in your own home,” said one supporter of the resolution.
“We have a right to defend ourselves,” said another. “What good is a gun if it’s locked away when someone breaks into your house?”
County Commission Response
Commissioner Gretchen Janssen, who cast the only no vote on the resolution, rebuked the resolution’s supporters, saying: “I don’t appreciate your implication that I don’t support the Constitution if I don’t support this resolution.”
Glenn Anderson focused on the mental health provision. Anderson, who is advocating for 24-hour walk-in mental health services, called the proposal “a more common-sense resolution that includes mental health.”
He also pointed out that 80% of households in Houghton County have guns.
Saying that he was changing his previous no vote to yes, Roy Britz noted that the “sanctuary county” language had been removed from this resolution.
However, he said, “the laws are the laws. The county board does not have the right to choose which laws it wants enforced. The sheriff has the responsibility to enforce the laws of the State of Michigan.”
Sheriff Saaranen urged both sides of the gun control issue to sit down together to figure out how to stop the scourge of gun violence.
“We need to come together and identify how to stop deranged perpetrators, specifically to protect our most valuable and vulnerable citizens, our children,” he said. “We should all come to the table and have an objective conversation on how best to do so. It is a multi-faceted challenge and not a single-issue fix. We all have arguments, opinions and insights, some of which are politically divisive, but we must have honest and civil discourse to be able to effectively address these complex problems.”
New Gun Control Legislation
On Thursday, Governor Gretchen Whitmer signed two gun control bills recently passed by the Michigan Legislature. The new laws, which take effect next year, will expand background check requirements for firearm purchases and institute storage standards for guns kept in homes where children are present.
Gov. Gretchen Whitmer on April 13 at the signing of gun violence prevention bills. Photo courtesy of the governor’s office.
The same day, the Michigan House of Representatives passed a package of “red flag” bills that would allow individuals to ask a judge to confiscate firearms from persons believed to be a risk to themselves or others. The bills had already passed the Senate.
“When our leaders in Lansing actually listen to their constituents and survivors, this is what can happen: ground-breaking, historic legislation that will save lives by preventing school shootings, suicides, accidents, and daily gun violence,” said Madeline Johnson of No Future Without Today, an organization founded by student survivors of the 2021 Oxford school shooting.
Questions raised about Houghton County's signed purchase agreement
Terms of purchase may constitute a donation to a religious organization
The Houghton County Board of Commissioners has finalized purchase of the First Apostolic Lutheran Church (FALC) property on Sharon Avenue. The purchase price was $1.2 million, which will come from the $6.8 million that the county received from the American Rescue Plan Act, according to County Commissioner Roy Britz, who chaired the negotiations for the property. The county hopes eventually to build a new jail, sheriff’s office and other county offices there.
Satellite photo from Google Maps
The purchase agreement allows the church to continue to use the property rent-free for up to four years, while FALC searches for a new home. The county also agreed to insure the building while the church is still occupying it.
A local citizen contacted the Copper Beacon to express concern about the agreement.
We reached out to Gerald Fisher, a professor emeritus at Western Michigan University’s Cooley Law School who specializes in land use law. Fisher has served as special counsel to governmental bodies throughout Michigan.
Fisher said he saw several issues raised by the purchase agreement. The biggest one, he said, is that a discount to the church—allowing them to use it rent-free—is basically the same as making a contribution to the church. A governmental body cannot legally make a donation to a religious organization. The buyer paying to insure the property while the seller is still occupying it is another contribution to the church, Fisher said.
Another issue Fisher mentioned is whether the fair market rent equals the difference between the fair market value and the discount received.
An appraisal received by the county in December showed the fair market value of the FALC property to be $80,000 higher than the price the county paid. That means that the discount received in lieu of rent equals $20,000 a year or $1,667 per month in rent that would have been paid.
“There are precedents for a lower price in exchange for continued occupancy, but there has to be something in writing specifying the rent to be paid or the discount in price in exchange for no rent being paid,” Fisher said.
The fact that the property is partly in Houghton and partly in Portage Township could have raised another potential roadblock. The county plans to move the sheriff’s office to the new complex, and the sheriff’s office is required by law to be in the county seat, which is the City of Houghton. Portage Township is willing to allow Houghton to annex the portion of the FALC property within the township limits for nine years, said Bill Fink, Portage Township trustee. After that time, if the new jail has not been built there, the property will revert to Portage Township, Fink said.
In an email in response to our questions about the purchase, Pete Wesa, chairman of the FALC board, described the negotiations.
“The county was looking for property for a possible jail site, and also to move some offices to that location. Hearing that the FALC property on Sharon Ave. was for sale, they contacted the church. Both parties then got together to discuss what would work best for the county and FALC. When that was accomplished, the county then had their attorney write up a purchase agreement which has been signed by both the county and FALC.”
He did not comment on our question about whether FALC felt that allowing the church to continue to use the property rent-free for four years was ethical.
We emailed County Commissioner Gretchen Janssen about the purchase of the property, which is in her district. She said she considers the $1.2 million price a fair one.
Janssen, a real estate agent herself, said, “I believe that we are paying a reasonable amount for a valuable property. If we waited a few years to purchase when the church is ready to move, I think the price would likely be higher or perhaps the property would no longer be available to us.”
As for letting the church continue to use the property rent-free, Janssen said;
“It is likely that we would not have an agreement to purchase this property without allowing the church to occupy after the closing. The church had an appraisal done a couple years ago. We are purchasing at that amount. My crystal ball is broken, so I can’t predict the future, but I’ve been selling real estate long enough to know that prices rise over time. If the church were to hold off selling this property until they were closer to moving into the new building they are planning, I would anticipate that the price would be higher, and perhaps there would be multiple entities bidding on the property, driving up the price.”
Janssen went on to say, “I maintain that this is a very reasonable purchase for the County, even with the delayed occupancy.”
We also emailed Tom Tikkenen, county commission chair, to ask about the county continuing to pay insurance on the property while the church occupies it.
“The seller will be responsible for maintenance and utilities during their occupancy after the purchase of the property, including replacement of a portion of the garage roof,” Tikkanen said.
SNAP for veterans, DNR trail repair progress, August millage renewals, and more
Houghton County Board, July 13, 2021
Houghton County Board, July 13, 2021
Meeting Highlights
MSU Extension District 1 Director Paul Putnam updated the board, specifically about veterans being eligible for SNAP benefits.
During Vice Chairperson Tom Tikkanen’s committee reports, he updated the board on the state of DNR trail repairs. The trail between Lake Linden and Dollar Bay still won’t be open this coming winter, but funds are lined up for the repairs and engineering is underway. The Pilgrim River Bridge repairs are underway and are expected to be completed for this season.
Commissioner Glenn Anderson encouraged people to vote in favor of the Canal View (Houghton County Medical Care Facility) millage and Hancock’s recreation millage coming to vote on Aug. 3. Ballot language and other information are available by clicking here.
Airport Manager Dennis Hext had generally positive news for the board, including the application for a third $1 million grant from the FAA for operating costs, available as pandemic relief.
The board’s only significant new business was a resolution to support the UP Area Agency on Aging’s 2022 Annual Implementation Plan. They also approved an MOA appropriation for the MSU Extension for $9,341.25.
During the open public comment section, 4 people spoke up with concerns or opposition to the wind turbine development in Houghton County. One person announced a meeting at 6:30 p.m. on July 22, at South Range Elementary School where a lawyer will outline what legal options the group has to oppose the turbine project. Another person asked the board members what their personal opinions on the towers are. Koskela, Janssen, and Anderson said they weren’t in favor of the development. Tikkanen said people should “not roll over” and fight it with all legal methods. Britz said he’s concerned about the long-term impacts of the turbines, but also the energy future of the country, and that he is “still being educated.”
Another person spoke about supposed “election shutdowns” they learned about from Facebook, and distributed an email to the board members, and made some nonspecific allegations against Senator Ed McBroom. They also presented negative information about maintenance by Election Source, which supposedly destroys election records. Later in the public comment period, Steve Delongchamp from Election Source explained the maintenance did not impact any election records and has been routine for elections every two years for the last twenty years, and refuted other allegations as well.