Where Do You Land When Your Mind Falls Apart?
Liisa suffered a nervous breakdown. She was transported to the emergency room at UP Health System Portage.
Editor’s Note: Some last names have been omitted to protect the privacy of the individuals.
Liisa suffered a nervous breakdown. She was transported to the emergency room at UP Health System Portage.
“Because there are no psych beds or a transitional holding area to be assessed in our area, I was placed in a small broom closet off the main room,” she recalls. “It had no windows and harsh lighting, and it was claustrophobic.
“I was there many, many hours while the hospital was waiting for a bed to open up at Marquette General or elsewhere.”
Brett went off his psych meds and became manic. Instead of landing in a local emergency room, he went to Northland Counseling’s crisis house in Ashland, Wisconsin.
“It was a friendly and warm home,” he says. “In some ways, it was much better than my own living situation at the time. It had all the benefits of a hospitalization, but was more comfortable. The workers were responsible, kind, and much less stressed-out than at a hospital. We were allowed outside to play in the grass or talk or just smoke once an hour, which also kept the stress lowered for nicotine addicts like myself.
“It was a nice way to start taking better care of myself, and just to remember what a healthy, normal lifestyle is like.
“I think something like Northland Counseling Crisis House would be great for the community in this area. People with less serious crises could go there, if even just to wait for a hospital bed to open up somewhere else—instead of staying in an ER room. It would definitely be a major improvement.”
Liisa agrees.
“There is a pressing need for something like a transitional/assessment/holding house or center for immediately after a person in crisis is brought to an ER and for the next 12-24 hours or so,” she says. “Somewhere a person could be attended to while doctors or other professionals can figure out the best course of action for the patient. Perhaps in a softer, less sterile, less harsh, less intimidating atmosphere. I believe this would be beneficial for a patient who is already under duress psychologically.”
No Crisis Center Here
The Keweenaw has no such place where people in mental health crisis can go and feel safe, comfortable and cared for while awaiting further placement or referral. Houghton County Sheriff Josh Saaranen says that local law enforcement responds to mental health-related calls on an almost daily basis.
Sheriff Saaranen likes the idea of a crisis center.
“While some individuals need long term care, many people in crisis need short term solutions,” he says. “A crisis center could offer an opportunity for these individuals to stay within our community. It's healthier for the person to be closer to their family and or support groups.
“Individuals are often placed in treatment centers throughout the state,” the sheriff said. “Oftentimes we see these individuals stay in these centers for a couple of days and be released; they then have to arrange transportation back home. I can imagine that this is a stressor that a crisis center could alleviate.
“This would also be safer and healthier for the sheriff's office staff,” Saaranen says. “These trips require two deputies and tend to be long drives in all types of weather. A short term crisis center would aid in limiting these strenuous trips for the patient and deputies.”
Data compiled by Copper Country Community Mental Health (CCCMH) showed that nine people have had to stay in an emergency room for two days or more since October 1, 2022.
“CCMH is very concerned about the problem of multi-day ER assessments,” says the mental health center director, Mike Bach.
A crisis center could serve as a step back into community for people coming out of the hospital, a short-term stabilization setting or a site to await placement instead of waiting in the emergency room.
Pressing the Portage Health Foundation
Mental health support and advocacy groups in the area are working with the Portage Health Foundation (PHF) and CCCMH on the need for such a crisis center. PHF is planning a new “wellness campus” in the Keweenaw. The Mental Health Support Group-Keweenaw Area and Keweenaw Support 4 Healthy Minds are urging the foundation to include a mental health crisis center in the facility. Liisa, Brett, and several other mental health clients and family members have written letters to PHF in support of such a center.
Dr. Michelle Morgan, head of Keweenaw Support 4 Healthy Minds, wrote: “As a psychiatrist (now retired) for the local community mental health center, I witnessed the suffering of people in acute mental health crises as they languished in the emergency room for days while waiting for an inpatient bed to become available somewhere in the state of Michigan. With staffing shortages across the country, I know this situation has become all too common. Our rural community is particularly vulnerable, having limited resources as it is.
“A mental health crisis unit is a lower cost and possibly more effective alternative for patients who need increased support and supervision while they engage in treatment with local providers. Rather than being sent away to a hospital, they would benefit from the continuity of care locally, as well as the support of people who know them well. Such a resource could be key to preventing a mental illness from reaching the point where the person might become dangerous to themselves or to others.
“I hope the Portage Health Foundation finds this idea compelling enough to support it.”
PHF has made no decision, but “everything is on the table,” according to Executive Director Kevin Store.
“This is a complex issue,” he says. “PHF is just one party engaged in finding solutions to these issues. The community needs to find ways to work together.
“PHF recognizes the need for a complementary model of mental and behavioral health services that helps meet the needs of all our community members,” Store goes on to say, “whether that be increased education/prevention services, expanding the availability of more acute, short-term counseling services, and finding ways to improve access to mental and behavioral health assessment and referral into the appropriate care.”
“There are many challenges to this issue,” Store adds. “Staffing to appropriate levels with the appropriate training that meets requirements; financial viability and the lack of adequate reimbursement for not only the clinical treatment services, but also to cover administration and support; complex licensing regulations, service provider credentialing, to name a few. All contribute to the complexity of this issue.
“There are a lot of folks and organizations in our region working on trying to find solutions to the needs that exist in our area,” Store goes on to say.
Dr. Kelly Mahar, psychiatric residency director at UP Health System-Marquette, is heading a UP-wide effort to assess and address the mental and behavioral health shortfalls across the UP.
“Like them, PHF is working with a number of partners to seek solutions to these issues. PHF will continue to advocate on behalf of those providers who are working to try to meet the needs,” Store says.
The PHF wellness center is in its early planning stages, Store points out. The foundation has reached out to the community for input and plans to release a report on its findings in April.
Dial Help Anticipates Challenges
Dial Help, which operates a crisis hotline, has some reservations about a mental health crisis center.
“It could be helpful in theory, but the amount of staffing and resources that would be needed is probably prohibitive at this time,” says Rebecca Crane, director of Dial Help. “Typically, something like that would have to have 24/7 staffing, potentially including medical personnel and law enforcement or security. You'd essentially be recreating an ER outside of the supports of an ER. Additionally, people might not utilize something like this due to stigma and fear of being sent to an involuntary psychiatric hold, having their children removed, or friends, families, coworkers finding out that they went.”
Crane says that the number of mental health crisis calls that Dial Help receives are down because there are so many specialized crisis lines now.
“Our numbers have really dropped, not because there are fewer people in crisis, but because they're reaching out to the specialized lines for their specific issue,” she explains.
There are still a lot of mental health challenges in the Keweenaw, Crane goes on to say.
“There is a lack of psychiatrists, lack of counselors in general, lack of mental health treatment options for youth, lack of funding for Copper Country Mental Health, poverty, lack of transportation to get to appointments in our large, rural service area, lack of childcare to attend appointments, difficulty accessing care due to insurance requirements, and there is still a lot of stigma around discussing mental health that prevents people seeking help until things get dire,” she says.
Copper Country Community Mental Health in the ER
CCCMH is trying to address those challenges. The mental health center contracts with two residential crisis centers downstate, but because placement is voluntary, patients have to find their own transportation there. The center’s case managers, therapists, and peer support partners try to help people resolve problems before they become a crisis, says Mike Bach, CCCMH director.
The community mental health center does crisis screening in the ER.
“If someone presents in the emergency room in crisis, we talk with the person, friends and family, medical staff, law enforcement and other concerned parties to determine whether safety planning is appropriate,” Bach says. “If a person can safely return home, we arrange follow-up with the person’s treatment team if they are a current consumer. This follow-up may include more frequent contacts and medication adjustments. If they are not a consumer, we help with a referral to this agency or private providers as is appropriate.
“When a person is in the emergency room for multiple days, we work with hospital staff to help that person stabilize and possibly avoid the need for psychiatric hospitalization,” Bach goes on to say.
Two local hospitals are contracting with companies that provide psychiatric consultation to emergency room doctors, Bach says.
“The hope is that appropriate psychiatric treatment can begin in the emergency room, so that the patient can stabilize and possibly return home with a safety plan,” he explains.
Another alternative is EmPATH (Emergency Psychiatric Assessment, Treatment and Healing), a specialized hospital-based mental health emergency unit. There are EmPATH units in a number of hospitals nationwide, but no plans to establish one here.
There are serious challenges to creating a stand-alone crisis center. The State of Michigan has tightened licensing laws, and staffing with qualified medical professionals is difficult in the UP.
“A huge challenge is adequate staffing, which includes psychiatric oversight, medical staff, clinical staff, security, and direct care staff,” Bach says. “Also needed are staff to maintain the building, purchase food and supplies, track staff training, and ensure appropriate IT support.”
Staffing presents one big obstacle. Another is creating a facility offering services that Medicare and Medicaid will pay for.
“If the services provided by the crisis center are billed to Medicaid or other insurance companies, it will need to comply with accreditation requirements and the myriad of regulations required by Michigan and federal laws and administrative rules,” Bach points out.
He says CCCMH is working with many community partners to address issues with mental health crisis care.
“We are very thankful for our local partners and see them as essential for our community to care for those of us who are the most vulnerable,” Bach adds. “We will continue to partner with them as we seek a community solution to multi-day emergency room stays.”
UP Health System-Portage Relies On Partners
UP Health System-Portage spokesperson Alexis Jacques says that the hospital depends on community partners such as CCCMH.
“We are proud of the partnerships and working relationships we have with these organizations and rely heavily upon their expertise and engagement,” Jacques says. “While we understand that behavioral health patients may present to our emergency departments initially, our staff is trained, and resources are available to stabilize a patient so that we can properly establish the best and safest plan for the patient in need.”
Mental Health Advocates Making Waves
Cindy Harrison, a mental health activist and member of the Mental Health Support Group-Keweenaw Area—which used to be the Keweenaw chapter of the National Alliance on Mental Illness (NAMI)—recently wrote a letter to the Portage Health Foundation urging them to consider including a mental health crisis center in their new wellness campus. Houghton County Sheriff Josh Saarinen, whose deputies regularly deal with people in mental health crisis, endorsed it. So did Gail Ploe, prevention specialist and alcohol and drug counselor at the Western UP Health Department, Bill Fink, whose daughter deals with mental health issues, and John Ruuonen, a mental health client and author.
“I can speak to this as the mother of two severely mentally ill children,” Harrison wrote. “I have been dealing with mental illness in the family for twenty years.
“Although this community has many resources in health care, one of the major things we are lacking are resources in mental health. Twenty years ago, Marquette General had a capacity of 24 psych beds and the Soo had over ten. Those numbers have shrunk today, and even with the new UP Health System-Marquette, there are only 12 psych beds being used now, even though the new hospital announced that it was planning for 48 psych beds. We do not have Westside in Calumet anymore, and the Rice House is not being used for crisis care as it once was.
“So, of course, in a psych crisis, more time is being spent in our local ER trying to find a hospital bed anywhere in the state. Sometimes this takes more than a few days, which is extremely hard on the staff and terrifying for the patient and family. Although it would be great to have psych beds available locally in Hancock, this does not seem possible, so the next best thing would be a ‘crisis center’ where people could go for short term care until a hospital bed is found or a place to go after getting out of the hospital when transitional care is needed before coming home.”
Harrison has been to the Ashland Northland Counseling Crisis House.
“It is wonderful, so therapeutic,” she says. “If we could get something like a crisis house for the mentally ill who are having psychiatric problems, that would be a wonderful addition to our community and the western U.P.”
A Smelly Situation
What happens when you live in a wooded, natural place where a citrusy, acrid odor makes enjoying the outdoors unpleasant or even a health hazard? Some residents of Ahmeek say that’s what they’re contending with, and they blame Neuvokas Corporation, a local manufacturer of an innovative type of rebar made with basalt fiber.
Neuvokas has been cited by the Department of Environmental Quality/Environment, Great Lakes and Energy (DEQ/EGLE) for the odor. To date, residents say, nothing has changed.
What happens when you live in a wooded, natural place where a citrusy, acrid odor makes enjoying the outdoors unpleasant or even a health hazard? Some residents of Ahmeek say that’s what they’re contending with, and they blame Neuvokas Corporation, a local manufacturer of an innovative type of rebar made with basalt fiber.
Neuvokas has been cited by the Department of Environmental Quality/Environment, Great Lakes and Energy (DEQ/EGLE) for the odor. To date, residents say, nothing has changed.
So they are circulating a petition, hoping to press DEQ/EGLE to action by showing them how many residents are concerned. “There is strength in numbers,” says Deborah Butler, who posted the petition on Change.org.
They Just Want the Smell to Go Away
“We don’t have any issue with what they are manufacturing, and they do employ people in our area,” says Mike Delesha, Butler’s husband: “We don’t care what they are doing. We just don’t want to smell it. We don’t have a personal vendetta. We just want the smell to stop.”
“There are numerous ways to mitigate industrial odors,” Delesha goes on to say.
One used by asphalt plants, which emit an unpleasant odor, is a baghouse—an industrial-scale fabric filter system engineered to collect, capture and separate dust and particulates from the air.
After residents first complained about the odor, DEQ/EGLE sent two inspectors. One found no violations. The other did note violations, and a citation was issued on Dec. 8, 2021.
According to Jill Greenberg, a spokesperson for DEQ/EGLE, the last violation notice is still currently outstanding since the odor issue is ongoing, and the company has not yet fulfilled its compliance plan. The compliance plan includes installing a film cover on the product at the curing end of the process, which is believed to be the main source of the odors. The company says it is currently designing this cover, and it will require testing once in place. EGLE has given Neuvokas until March 31 for full implementation, which aligns with the timeframe provided by the company.
Since the Dec. 8, 2021 violation notice, EGLE has continued to conduct odor evaluations and to check in regularly with the company on other actions to improve the odor issue, Greenberg says. So far, evaluations have not warranted another odor violation citation, Greenberg says.
“The company has been responsive and has made other improvements including stack height increases, carbon filtration systems, in-plant air recirculation towers, intake air system upgrades, additional housekeeping measures and monitoring,” Greenberg goes on to say. “EGLE will continue to follow up on any complaints we receive, continue to check in with the company for progress reports and evaluate the effectiveness of the film project after March 31.”
Neuvokas Response
Erik Kiilunen, CEO of Neuvokas, says the company is aware of the odor problem and is doing its best to correct it.
About two years ago, Neuvokas switched to a new resin system that has a carbon footprint that is 50 percent less than the epoxy system it was using, Kiilunen explains.
“The unfortunate reality is that it does have an odor that the company has continuously worked to mitigate,” he says. “The difficulty is that the odor can be detected by the human nose on a parts-per-billion level.”
The measuring equipment used by Neuvokas can only detect odors at parts per million, not parts per billion, Kiilunen says. Parts per million is the level required by DEQ/EGLE, he adds.
“We have spent over $150,000 to mitigate the challenge,” he adds. “In December, we added additional filtration for odors and improved airflow throughout the building.”
“The company treats all complaints seriously, and it has implemented and continues to implement multiple continuous improvement projects,” Kiilunen says
The company communicates bi-weekly with DEQ/EGLE to update them on progress, Kiilunen goes on to say.
Neuvokas employs more than 50 people, It is the largest employer in Keweenaw County.
“Neuvokas is directly responsible for providing income to feed and shelter more than 100 local community members,” Kiilunen says.
Ramping Up to Reopen
At the moment, manufacturing at Neuvokas is shut down because they are expanding their facility.
“What a lovely reprieve that’s been,” Butler says.
The plant is due to begin operations again at the end of January. The new facility is designed to use a new technology that will completely encase the product and stop around 99 percent of the potential odor release by keeping the product sealed with a physical barrier that will not allow the odor to escape, Kiilunen says. After completing this development, Neuvokas plans to retrofit its current lines to eliminate the odor there as well, he adds.
“The citation is not being enforced,” Delesha says. “What Neuvokas said they would do has not been done.”
One of the things Neuvokas said they would do in response to the DEQ/EGLE citation is keep their overhead door shut, he notes.
“It was open every day last summer.”
Butler adds, “We don’t want to move, but that smell has to stop. It’s not fair that we can’t enjoy the beautiful, wooded area where we live.”
She’s hoping the petition will prompt some action. According to the 2020 census, Ahmeek has a population of 127, and Butler’s petition already has 137 signatures.
“We want DEQ/EGLE to see that this is supported by the community,” she says. “Talking to the company will not help. We have tried that.”
Kiilunen responds: “The employees of Neuvokas ask the community to understand that it hears them and is working responsibly to address all concerns as quickly as they can. When these tasks are completed, Neuvokas will remain a foundation of the community, providing high paying jobs and development opportunity to the residents of Keweenaw and Houghton Counties for years to come.”
Rich in resources, but challenges remain
Houghton-area mental health resources featured in recent meeting
Editor’s note: Jennifer Donovan is a member of the Mental Health Support Group-Keweenaw Area.
The room was filled, and emotions ran high.
“My son committed suicide four years ago,” one woman said. “Since then, I have made a wish list.”
She was holding back tears. You could hear it in her voice.
“We need our own psych ward here, not hours away or downstate. We need a separate, safer wing in psych wards for people who are suicidal. We need safe housing and support for people after a suicide attempt, a halfway house with trained staff on hand.”
Dr. Michelle Morgan replied, “These needs have been here for a long time. People have been working on them for a long time. We don’t have time to wait. We need to reach out and help each other.”
Dr. Morgan is a psychiatrist and retired director of Copper Country Community Mental Health. She now heads a new organization, Keweenaw Support 4 Healthy Minds, that is working to increase awareness of mental health issues, empower people who have a mental illness, and build a resilient, knowledgeable community trained to help each other and support those at risk.
She was one of the speakers at a Mental Health Awareness Month program sponsored by the Mental Health Support Group-Keweenaw Area on Wednesday, May 11 at the Portage Lake District Library.
Speakers from five community organizations talked about their work and answered questions. Virginia Lambert and Paige Setter-Hallwachs outlined the many services that Dial Help provides. Beth Shannon and Angela Price described the efforts of Unite Mental Health and Wellness. Mike Bach, incoming director of Copper Country Mental Health, discussed the work of his state and federally-funded agency. Cindy Harrison and Catherine Paavola explained the history of Mental Health Awareness Month and their Mental Health Support Group-Keweenaw Area. And Dr. Morgan described the vision and goals of Keweenaw Support 4 Healthy Minds.
Unite Mental Health and Wellness
Recently established and based in the former College Avenue Vision Clinic near downtown Houghton, Unite Mental Health and Wellness helps people connect with mental health services. They hope to help people who are feeling overwhelmed navigate the mental health system. The organization is a nonprofit offering both telehealth services and in-person therapy. Medicare, Medicaid, and most private insurance cover their services.
Dial Help
Dial Help is best known for its crisis hotline, but they actually run four different programs for Houghton, Keweenaw, Baraga, and Ontonagon Counties:
Crisis services, including the 24/7 crisis line; Safety Net, which is a follow-up program for people at risk of suicide, suicide survivors, families of suicide victims, and those seeking help for substance abuse; suicide assessment at UP Health System-Portage’s emergency room; and Youth One-Stop, a counseling program for youth in crisis.
Victim services, which include 24/7 emergency advocates, ongoing advocate support, child advocacy, counseling for crime victims, accompaniment to court proceedings, and sexual assault nurse examiners.
Mental/behavioral health, including alcohol or drug assessments, peer recovery groups, substance abuse counseling, suicide prevention training, and Crisis Support 101, based on Dial Help’s crisis line.
Prevention programs, which include Communities that Care—a federal substance abuse and violence prevention program, family support services, in-school prevention programs, and violence prevention education.
Dial Help also answers the national Suicide Prevention Hotline for callers from our area.
The Dial Help crisis line is 906-482-HELP (4357).
Copper Country Community Mental Health
This agency is primarily federally and state-funded, with philanthropic support from the Rice Foundation and grants. It provides a variety of mental health services to people receiving Medicare and Medicaid, including emergency services, outpatient therapy, peer support, intensive crisis stabilization, home-based services, nursing home services, and residential services in group homes. It also sponsors the Northern Lights Clubhouse in Hancock where adults with mental illness work together to build on their strengths, talents, and abilities to increase their independence in the community.
CCCMH’s emergency number is 800-526-5059. The new request for services number is 888-906-9060.
Keweenaw Support 4 Healthy Minds
The group was formed after Keweenaw County Sheriff Curt Pennala organized a public meeting to discuss increasing teen suicide. Its vision statement is: “We support healthy minds through connection and community.”
Goals include raising awareness and getting people to talk more openly about mental health issues, teaching healthy ways to cope with stress, supporting those at risk, and decreasing access to means of doing harm to oneself or others.
“You lock up your toxic chemicals to keep them out of children’s hands,” said Dr. Morgan. “You also need to lock up your guns.”
This summer, the group is focusing on helping people learn to talk comfortably with someone in crisis. They are offering free training in QPR, which stands for question, persuade, refer. The Keweenaw County Sheriff is planning to become a QPR trainer, Dr. Morgan said.
She hopes to build Circles of Support, volunteers who can help a person just released from a psychiatric hospital. The highest risk for suicide occurs during the first 30 days after hospitalization, she said.
Keweenaw Support 4 Healthy Minds meets at 6:30 p.m. on the last Tuesday of the month at the Portage Lake District Library.
Mental Health Support Group-Keweenaw Area
A peer support group for people with mental illness and their families, the Mental Health Support Group-Keweenaw Area was founded in 1989 by Larry and Carol Evers, with the help of Copper Country Community Mental Health. It then became a chapter of the National Alliance on Mental Illness (NAMI). The group decided to drop its affiliation with NAMI in 2018, due to national NAMI’s financial and organizational requirements becoming increasingly difficult, if not impossible, for small, rural groups like this one to meet.
But the need for support remained, so the group reorganized as a purely local nonprofit called Mental Health Support Group-Keweenaw Area, partnering with Dial Help. They meet at The Institute, 900 W. Sharon Avenue in Houghton, at 6 p.m. on the second Wednesday of the month. They also sponsor public programs like the one recognizing Mental Health Awareness Month. This year’s Mental Health Awareness Month theme is Back to Basic, a renewed focus on mental health awareness and combating stigma.
The Mental Health Support Group-Keweenaw Area has no website or phone number but can be reached by email at mhsgka@aol.com.
During the question and answer session at the Mental Health Awareness Month program, Catherine Paavola, a Mental Health Support Group-Keweenaw Area member, said that it would help eliminate stigma if people called mental illness “brain illness.”
She explained: “The brain is the organ of the body that is affected. Brain illness is organic, centered in the brain. It is not a moral failing or a choice.”
Cindy Harrison, also active in the Mental Health Support Group-Keweenaw Area, gave a shout-out to law enforcement.
“The police and sheriff’s departments in our area have been outstanding in their concern about mental health issues,” she said. “They are getting Crisis Intervention Training, learning how to defuse a person in crisis and get them to the proper services.”
Mary Peed, a Keweenaw Support 4 Healthy Minds member, pointed out that there are other mental health resources here too, the VA for example.
“You just have to keep looking and knocking on doors,” she said.
No word on cause of Houghton apartment building fire
Investigators seem to have moved on
Investigation into a fire that destroyed an apartment building on College Avenue in Houghton last March has stalled. The state fire marshal’s report states that the cause is ‘yet unofficial,’ adding that a natural gas leak was the possible cause.
The report lists the cause as “under investigation” and says that factors contributing to the start of the fire are “undetermined.”
“Cause yet unofficial” is a designation that leaves the incident open to further investigation. An official of the Houghton Fire Department said that further investigation is up to the fire marshal or Michigan State Police. Neither agency seems to be pursuing the investigation. Copper Beacon emailed both agencies. The fire marshal’s office in Lansing replied that they are not pursuing the investigation. We received no response from two emails to the Michigan State Police.
We asked SEMCO Energy if they are looking into a possible gas leak. To date, they have not replied.
The building’s eight tenants all escaped unharmed. There were five vehicles on the premises at the time of the incident, and four of them were destroyed in the fire.
The fire marshal estimated the two-story building to be worth approximately $500,000, with another $250,000 in contents lost.
The owner, Gregg Nominelli, could not be reached for comment.
Photos by Juxta Sprague
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.
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.
Fill It Up
Hancock refillery is blazing a trail to a more sustainable Keweenaw
What started as a New Year’s resolution to make their own household more sustainable has mushroomed into one local couple’s commitment to help the Keweenaw area improve household sustainability, with a retail store in Hancock to support the effort.
Briana Tucker and Travis Wakeham run Refill UP, a shop where customers can buy non-plastic containers and sustainable products to keep in them, such as hand soap, shower gel, laundry detergent, dishwasher soap, household cleaners, lotions, bubble bath and sunscreen. They also sell a variety of unique, natural goods such as bamboo brushes, collapsible cups, reusable metal straws, toothpaste in recyclable aluminum tubes, deodorant in glass jars, band-aids and muscle wraps made of bamboo, fiber bags, dryer balls and candles.
They described their sustainability journey and the shop it birthed at a public forum sponsored by the Keweenaw Unitarian Universalist Fellowship on Nov. 13.
What is the problem with single-use plastic, such as shampoo, lotion, or hand soap bottles?
“Eleven million tons of plastic enter our oceans every year,” Tucker said. “And once plastic starts to break down, it becomes too small to capture. Microplastics have been found in drinking water, rain water, even the dust in the high desert. People are consuming plastic.”
Tucker recalled getting a roll of beeswax wrap—an eco-friendly substitute for plastic wrap—for Christmas in 2020. It got her thinking: “What else could we do to improve our sustainability? How can we avoid keeping the things we use every day in plastic?”
Searching for inspiration online, she started following an African-American woman in Ohio who runs a refillery where people can bring non-plastic containers and refill them with sustainable and eco-friendly products. In February 2021, during Black History Month, the woman was highlighting black women entrepreneurs.
“That got the wheels turning,” said Tucker. “I wondered if I could do that?”
Neither Tucker nor her partner, Travis Wakeham, have business experience. Tucker is the Enterprise Coordinator for the Pavlis Honors College at Michigan Tech. Wakeham is an assistant teaching professor in the Department of Biological Sciences there.
But they decided to jump into the unfamiliar waters of small business.
How did jumping into a new business with so little experience feel?
“Terrifying,” said Wakeham. Tucker nodded vigorously.
They did their homework and learned about Michigan’s Small Business Development Center (SBDC) and the MTEC (Michigan Tech Enterprise Corporation) SmartZone’s Smart Start program, which provides free training, mentorship, and coaching for people who want to start a small business. They enrolled and invested their COVID-19 relief money in renting, refurbishing and stocking a small storefront on Quincy Street in downtown Hancock.
“It’s so nice to have resources like the SBDC the SmartZone in our community,” said Tucker, who still relies on SmartZone vice president Jason Mack for advice and occasional hand-holding. “Not just resources, but free resources.”
In the summer of 2021, they tested community interest by selling at farmer’s markets. In the fall, they opened their shop.
Refill UP celebrated its one-year anniversary in October, already logging 700 purchases by 500 unique customers. Their Facebook page has nearly 1,000 followers. Tucker said they have diverted 840 plastic containers from landfills this year.
They look for sustainable partnerships, buying from local and Michigan-based small businesses that produce sustainable products responsibly.
“We want to offer products that are vegan, cruelty-free, paraben and sulfate-free and responsibly made,” Tucker said.
They try to buy closed-loop products, meaning that they can return the packaging to the manufacturer for reuse or recycling. Among their suppliers are Mama Suds, a Michigan small business that produces sustainable laundry detergent; Tiani, another Michigan brand of body care such as hand soaps and lotions; and Zefiro, which uses bamboo and wood to create items often made of plastic, such as nail brushes and pot scrubbers.
The couple wants to expand their business, “but thoughtfully,” Tucker said. “We have to ask, are we ready?”
The answer depends both on data and on how the couple feel about it emotionally, she explained.
Refill UP has started to expand already, sponsoring Trick or Trash at Halloween—collecting and recycling candy wrappers. They also offered a costume exchange: bring in an old costume and exchange it for a different one instead of dumping it. They’re starting to put on workshops where people can learn to make sustainable holiday gifts.
“We’re encouraging small steps, options that are easy to do and won’t break the bank,” Tucker said. “It’s about making small changes today that will lead us to a better tomorrow.”
Both Tucker and Wakeham still work full-time at Michigan Tech during the week, opening the store on weekends.
“It’s definitely tricky balancing our Michigan Tech jobs, the store and our personal life,” Tucker said.
It’s been quite a learning curve for Wakeham.
“Business is very different from teaching science,” he observed. But Wakeham has always loved a challenge.
“I want to get more engaged in the business,” he said.
Refill-UP is open Saturdays and Sundays from 10 a.m. to 4 p.m. at 323 Quincy Street in Hancock. They are on Facebook and Instagram and online at https://refilltheUP.com.
Local representative votes against ban on use of "mobile electronics" while driving
Tales From Lansing
This update is compiled from official records held at legislature.michigan.gov.
Sen. Ed McBroom
Email: SenEMcBroom@senate.michigan.gov
Phone: 866-305-2038
Sponsored bills introduced
Sen. Ed McBroom has introduced no bills in January 2022.
Votes of note
Sen. Ed McBroom did not vote on 2022’s Senate Resolution 101, which condemns the federal mandate that Head Start staff and other workers be vaccinated and that anyone over 2 years old wears a mask.
The resolution passed 22-16, strictly along party lines, with two Republicans and one Democrat not voting.
Sen. McBroom joined Democrats in opposing Senate Bill 546, which gives special, temporary fee discounts and loosens limitations on “millionaire parties”, which are fundraisers styled after casino gambling. The bill passed the Senate 23 to 15 and has been referred to the House Committee on Regulatory Reform.
Sen. McBroom was one of only four votes against Senate Bill 706, which establishes the definition and permits the construction of an “automated vehicle roadway” or lane, which would be reserved for vehicles operating autonomously. The bill has been passed on to the House Committee on Transportation.
Rep. Greg Markkanen
Email: GregMarkkanen@house.mi.gov
Phone: 517-373-0850
Sponsored bills introduced
Rep. Greg Markkanen has introduced no bills in January 2022.
Votes of note
Rep. Greg Markkanen voted against House Bill 4277, House Bill 4278, and House Bill 4279 which all aim to increase limitations and penalties for use of a cell phone while driving. 4277 bans the use of any “mobile electronic device” while driving except for speaking on a hands-free or voice-activated phone. 4278 would authorize a penalty point on a driver’s license for the second violation of that ban. 4279 deals with the keeping of records pertaining to the ban. The bills passed with a 75-vote, mixed-party majority. They’re now in the Senate Committee on Judiciary and Public Safety.
'Tis the Season
While many of us make merry, some of us are preparing for the Upper Peninsula's harshest season -- in a difficult year
Last week, seven volunteers gathered inside of Glad Tidings Assembly of God in Hancock for several hours to pre-pack food that would be given directly to local school kids later that week to make sure that they have enough to eat over the weekend, whether their guardians feed them or not.
That’s the weekly mission of 31 Backpacks, which started by helping just 31 kids and now helps more than 250. They aim to feed kids directly, with simple food that requires little or no preparation. This way, the kids can eat if there’s an adult involved to help or if they’re absent.
They pack extra food for long weekends like Thanksgiving break. For winter break each year, they do the “Big Pack”, which will have to cover 16 days this year.
“Each student receives about five kitchen-size bags full of food,” Melissa Maki said. “It’s more family-oriented. That might be boxes of pasta and that sort of thing.”
Maki said that since the beginning of the pandemic, they’ve started stockpiling some of the foods they get. As a registered 5019(c)3 nonprofit, they qualify to purchase from the food bank.
“When we see something at the food bank that we know we’re going to need, whether it’s this week or two months from now or four months from now, we’ll go ahead and buy it,” she said.
When the pandemic broke, 31 Backpacks had just prepared their spring break Big Pack and nearly emptied their shelves. Because of school closings and other circumstances, the number of students enrolled in their program jumped nearly tenfold.
“We had enough food for the then and now, but we didn’t have enough food for the future,” Maki said. “Now, if you take a look, we have two rooms here at the church and we keep them fairly well-stocked at this point in the event of some other emergency like that.”
The group constantly adjusts what they pack based on what they can get, as the supply chain issues continue to make availability uncertain.
“For example, we haven’t seen Pop-Tarts in months,” Maki said. “We still have some on hand because we had the forethought to get some, but we’re looking at alternatives for items like that.”
She said Lunchables and milk have also had some recent local supply issues.
“That’s been our biggest challenge as far as running the program this year,” Maki said.
Finding volunteers amid COVID-19 and other sicknesses is also an ongoing issue.
“It affects us every single week,” Maki said. “It’s kind of become routine, to not have a routine.”
31 Backpacks is always looking for more volunteers and donors. You can contact them by reaching out through their Facebook page.
Immediately across the street from the Calumet block that burned down earlier this year—destroying 15 apartments and leaving around 30 people homeless—the Copper Country Angel Mission conducted their annual coat giveaway and Angel Tree signup, despite some of their volunteers being out with illness.
“We thrive on helping the needy,” Lynn Lanyon said. “But you don’t have to be needy. Anyone can come in, grab a jacket, and just leave a little donation.”
Lanyon sat at the storefront of 117 5th Street on Wednesday afternoon, conducting people into the racks of coats and taking down their names, ages, and numbers of children for the Angel Tree.
Lanyon said that volunteers have been extra difficult to find lately, and illnesses have kept some of those who do volunteer at home sometimes. Copper Country Angel Mission requires masks inside their buildings, and Lanyon said some people have still been pushing back about wearing them to come in.
Donations continue to be steady according to Lanyon, and they’ve even started seeing some nicer items than they’re used to. However, some people are also dropping off garbage.
“We can’t afford to take your trash,” Lanyon said.
She tries to give people the benefit of the doubt, assuming it just got mixed in and forgotten in a truckload of donated items. However, paying to properly dispose of other people’s garbage is an expense the charity can hardly afford.
You can contact Copper Country Angel Mission to volunteer, donate, or register for the Angel Tree by calling Lanyon at (906)934-3602, or visiting their website or Facebook page. Lanyon said waterproof gloves and boots are in particularly high demand.
The Copper Country Angel Mission also operates a food pantry.
Pete Mackin, site director for the Hancock Salvation Army, has been working to tie local resources for the needy together for easier access. He said this year has been particularly bad for local homelessness.
Compounding widespread national issues, the fire in Calumet destroyed 15 apartments, student enrollment at the local universities is at 30-year highs, and some local landlords took the seller’s housing market as an opportunity to sell their properties—often with the result of pushing their tenants out into a difficult housing market.
“We’ve had a number of factors that have made it into a full-blown crisis,” Mackin said.
As Mackin and I talked, a family looking for a new apartment moved plastic bags full of their belongings into the Salvation Army building for temporary safe storage. Mackin said his work finding housing for people at-risk of going homeless has jumped from the occasional drug addict or refugee from domestic dispute to a regular activity he undertakes.
“And these are people who have lost housing for no reason of their own,” Mackin said. “Most of the time, they’re seniors on fixed income.”
With no shelter in the area, Mackin scrambles together a variety of resources. Sometimes he can bus people to shelters in other cities, but if people have family or a job in the area they want to stay near, leaving isn’t a good option.
“These are people that are, you know, working poor,” Mackin said. “They’re families. I’ve had little kids living in warehouses with their parents… in tents, in cars with heaters we’ve been providing…”
In addition, this year Mackin is anticipating record-high bills for propane and natural gas, alongside the always-high electricity rates.
“I’m a bit concerned about that for the area,” Mackin said.
He hopes the milder winter that’s been forecasted helps mitigate the issue but is also ready to help connect people with state assistance to meet their energy needs.
As the holidays draw near, Mackin is also preparing for the Salvation Army’s signature fundraiser, ringing the red kettle.
“Last year, it definitely took a miracle of God for us to get through the bell ringing season,” Mackin said. “I did not have students, I did not have seniors, I didn’t have community groups…”
Many of the places where bellringers usually volunteer were also closed, too. Mackin said despite the challenges, the community came out and supported the organization.
“It was amazing how people came to support us last year,” he said.
This year, Mackin is planning to have bellringers in Ontonagon and Baraga counties as well. That’s important because the money all stays local.
“What I raise in those kettles in that town is what’s for that community,” Mackin said.
He said what’s raised in Houghton is used in Houghton, and the same for Calumet, Lake Linden, or any of the other bellringing locations—with some narrow exceptions for nearby communities that don’t have a possible location for volunteers to ring.
“It’s all coming from your support,” Mackin said.
You can contact the Salvation Army by emailing Pete Mackin at Pete.Mackin@usc.salvationarmy.org, by calling (906)482-3420, or by visiting their Facebook page.
Ontonagon's budget, former-manager woes deepen; New management team seeks to make corrections
The Ontonagon Village Council held a budget workshop on March 4th. Budget matters were discussed at some length, but the most distressing items were discoveries that have been made in the wake of the termination of the village manager’s employment. These were, in part, as follows:
• The Deficit Elimination Plan did not have an approved budget for the Marina Fund. An approved budget must be in place by March 26, 2021, and if the Treasury Department doesn’t have this, the village could lose 25% of its State revenue sharing money (about $35,000).
• CRLGG Grant: This is the COVID-19 program money. There was a deadline of Jan. 18, 2021, to submit the closing certification for this grant and this was left undone. An email that was sent to and received by former village management detailing the issue and a new deadline of March 5, 2021, was summarily ignored. The village office staff has now completed this obligation and submitted it on March 1, 2021. If this had not been caught in time, the village would have had to pay back $8,000 of the CRLGG grant.
• MERS Payments: The village currently owes $125,749.54 in back payments. Village management had received notice of this on Jan. 25, 2021, explaining that a payment was due on Oct. 20, 2020. The council had also been sent this letter, but this information appears to have been withheld.
• ACT 51 Street Financial Report: Village management received an email communication from Laura Loomis which was received on Dec. 4, 2020, stating that a report was due on Dec. 31, 2020. This was ignored.
• Paddlecraft Landing Grant: This project has been rife with criticism from several persons in the community. The village spent about $110,000 on this development. This was a DNR grant, but the village was not reimbursed because the grant closing documents were not completed. Numerous emails were sent to village management from October of 2019 to April of 2020 requesting completion of the grant documentation. The village office staff has now been in contact with the MDNR and $46,000 is still available to finish this project and they have agreed to reopen the grant as it has been allowed to expire.
• Lakeshore Lighting Grant: The MDNR advised the village that there is still $4,500 available for the Lakeshore Drive lighting grant. This will be followed up by village office staff.
• Marine Dredging Grant: There was a shortfall in the marina fund because the paperwork for this grant has not been completed. The audit received by the village in December of 2020 made this information available but there had been no attempt to correct the matter. The grant expired on Dec. 31, 2020. Thanks to Acting Clerk Cori Weisinger, the deadline has been extended to Dec. 31, 2021, and the village is entitled to recoup $174,681.
• MDNR Grant for re-culvert and proposed footbridge over the slough (Rose Channel): This was a pass-thru grant from the DNR with no cost to the village at all. Village management had not responded to information requests from the DNR and this is due on March 12. The village would have lost this grant if George Madison of the MDNR had not contacted the village after learning that the village manager had been discharged. This project is again viable.
• Past Due Water Bill: A large commercial water customer is said to owe the village over $100,000. Tanya Weisinger had brought this matter to village management’s attention in 2017, but nothing was done to resolve this issue.
Clerk William DuPont added that in following up on other information that is becoming available, it appears that ignored emails and other notices, that that were received and opened, were not reported to the village council. It appeared that information may have been withheld or concealed.
Clerk/Treasurer DuPont commended Kori Weisinger and Tanya Weisinger for bringing these and other matters to the attention of the council. Council then took the necessary step to change the village management.
The village council met again on March 8 via telecom at 6 p.m. The first order of business was to swear in the new trustee which was accomplished and the new member of the council was officially “seated.” Mike Rebholz took the oath. Mike Mogan was not on the call.
Before addressing the agenda, the floor was opened for public comment.
Sue Lockhart, a non-resident, responded to the invitation to speak. She asked how missed payment to MERS could have been missed? She charged that President Smydra should have known about this as he signs all the checks. She asked if there are interest and penalties on unpaid bills, and she also asked about the lawsuit with Hilton Marine. She pressed the inquiry of how all of these items could have been missed. Lockhart suggested that it may be discovered that there is actual money missing. She felt that she has warned the council of many of these things that have come to light but that the Council rejected her warnings.
Smydra responded by stating that the Village President does not, in fact, sign any checks so that Lockhart’s charges and the previous statement were untrue.
Robert “Skip" Schulz interrupted and was declared out of order as he had not given his address. Schulz complied with this requirement and then Smydra asked Schulz if he was speaking as a village resident or as an employee of the Daily Mining Gazette. Schulz’s response was unintelligible. Schulz now charged that Smydra has misinformed the public about Jessica Huntzinger being sworn in. Huntzinger defeated Schulz in the November 2020 election. Schulz's outburst then became emotional, and, as his allotted time was over, he hung up. President Smydra addressed the charge that Huntzinger was not legally sworn in after her election. Documentation was provided to the effect that Huntzinger was indeed sworn in. It was also pointed out that for the months these allegations were being made on social media and other places, no one had ever actually approached the village to determine if Huntzinger had been sworn in or not. It would appear that this matter is now at rest.
Under “unfinished business” on the agenda; the continuing issue with the Municipal Employees Retirement System (MERS) related to the pension obligation for former Ontonagon Memorial Hospital employees.
The village has past-due payments to MERS in the amount of $125,749.54 which was due on Nov. 20, 2020. Village Treasurer William DuPont stated that in his opinion, this information was withheld from the council. Clerk/Treasurer DuPont advised the council that he feels it is imperative to make the November payment as soon as possible and he also recommended that the council increase the budgeted amount of MERS payments from $400,000 to $440,000 for the fiscal year ending on March 22, 2022.
Treasurer DuPont felt that the MERS issue is of primary concern and feels that payments must be made promptly to demonstrate to the State and pension fund that the village is doing what it can to meet this obligation.
Staffing Changes
In view of the dismissal of the village manager, it was recommended that William DuPont be appointed interim village manager. This was moved by Rebholz and approved on a roll call vote.
Kori Weisinger, who was serving on a contract basis to assist in the transition to a new clerk/treasurer, is to be moved to the status of a temporary employee. Her rate of pay will decrease as a result of this change in status. This was moved by Marks and this was carried.
Tanya Weisinger, who has been serving as payroll clerk and water clerk will have a change in title and commensurate responsibilities to become the office manager. There is no increase in wages. This was moved by Marks and carried on a roll call.
President Smydra added that with a new administration in the village office, things such as overdue payments will not happen again.
Rich Ernest, President of the Downtown Development Authority reported that at a meeting of the DDA a number of projects were listed to be considered. The most visible projects will be concentrated on:
• The Lakeshore Park; grading and preparing the ground for setting up volleyball courts. $2,500 needed. Grass should be planted in early May.
• Railroad yard site improvement; A general clean-up and disc and grade work. $2,500 would cover this cost.
• Several downtown buildings need to be addressed. Siding is falling off the buildings creating a hazard for pedestrians. Specifically, the old Hawley House Hotel and an adjacent bar are of concern.
• Street signs that need replacement or updating. Several street name signs are entirely missing or unreadable.
• A community cleanup is being planned to clean the sidewalks, de-weed the curbs, unbridle the trees that are being restrained by the iron grates, etc.
• The floating docks on Rose Island have been out of the water for two years, for no good reason. They should be back in the water before Memorial Day. President Smydra said that the Department of Public Works crew will examine the docks in preparation for getting them back in the water, and putting out the benches and tables.
• Lights on the Elmer Weber Nature Trail boardwalk on Rose Island are broken and need to be repaired to light the walkway.
• The street extension that was to be done by 2019 leading to Lakeshore Park near the VFW post should be started. Smydra said that Street Funds can be used for this.
Ernest also mentioned the need for volunteers. Those wishing to help may contact Ernest at the DDA.
• 2020-21 Budget Approval: Treasurer DuPont (now Interim Manager) asked for the budget to be approved, subject to amendments. This was moved by Rebholz, supported by Hopper, and carried. This will be submitted to the State of Michigan.
• Announcements: A letter was received from McDonald and Wolff regarding the termination of Joe Erickson. This was referred to the Personnel Committee.
Michigan motorcyclists disenchanted with insurance reform
Gerry Spomer, from Rapid River, has been riding motorcycles for around 60 years. Now, he said he hears riders are keeping their bikes in the garage. He said distracted car drivers have been increasingly scary for riders, but since the passage of insurance reform in 2019, motorcyclists have another reason to be apprehensive.
“A motorcyclist is better of if they’re hit by someone who is totally uninsured,” Spomer said.
That’s because, under the new law, a motorcyclist is first covered by the insurance held by a motor vehicle they get in an accident with, not their own insurance. And that personal injury insurance could now be capped as low as $50,000.
A motorcyclist would only get to use their own insurance coverage if they get in an accident with an uninsured motor vehicle, or one not involving another vehicle.
“Our medical benefits are capped by whatever the other driver has purchased for themselves,” Spomer said. “We’re buying benefits that we can’t use.”
Motorcycle riders are alone in this distinction. He said this has Michigan riders apprehensive and “kind of ticked off.”
“Motorcyclists up here, a lot of them are unaware of this,” Spomer said. “I’m sure the anger is going to build.”
The insurance reform was passed as Senate Bill 1 of 2019. Among its nine sponsors was Senator Ed McBroom. When it was introduced, the bill consisted of four pages. After emerging from the Senate Committee on Insurance and Banking about four months later, it grew to 80 pages. McBroom, who was not on the committee, said negotiations with other politicians, hospitals, and even the governor, meant the bill expanded rapidly.
“Many of us would have preferred a very simple, you know, take a hammer to the whole system and give people some choices,” McBroom said. “Maybe even take away the mandatory nature of the program.”
The bill was passed on the same day that it returned to the full Senate, with full Republican support, and most Democrats opposed it.
McBroom said the rush was likely in part due to the legislative session calendar (they were off the following week), and a desire to pass the bill while they had all the votes necessary.
“I wasn’t really privy to a lot of that,” McBroom said. “I was an early supporter, and I monitored the progress and didn’t see the bill progress to a point where I couldn’t support it anymore, and so I voted for it.”
In the House of Representatives, 12 amendments were proposed, and all but two failed. The amendments that failed would have limited the practice of red-lining or use of credit score as an insurance rating factor, expanded price reductions to more coverage than just personal injury, and more. You can read the proposed amendments in the official Senate and House Journals linked here, or the summaries written on MichiganVotes.org.
It was then passed, 94-15, with broad support from both parties.
Representative Kyra Bolden(D-Southfield) was one of the 15 dissenting votes and was also on the House committee that handled the bill.
Bolden is a licensed attorney, and before she was elected, she worked in the Third Circuit Court in Wayne County. No-fault insurance cases were 80% of the docket, she said.
“I got my hands quite dirty with all of the major issues that occurred within the law as it existed before SB1,” Bolden said.
She said the committee hearings focused on listening to attorneys and insurance companies, but not constituents. The committee was chaired by Rep. Jason Wentworth(R-District 97), who succeeded Rep. Lee Chatfield(R-District 107) as Speaker of the House.
“When it got to the floor, we didn’t get the language, both times, until a couple of hours before we were supposed to vote,” Bolden said. “I think it just deserved a little bit more --in my opinion-- attention to detail.”
She said the abbreviated timeline alone might have been enough for her to vote against the bill. The Speaker of the House, at the time former Rep. Chatfield, controls when votes happen, and on what bills.
When SB1 returned to the Senate for the House amendments to be confirmed, only four Senate Democrats opposed the bill. They were Senators Winnie Brinks(D-District 29), Jeff Irwin(D-District 18), Mallory McMorrow(D-District 13), and Jeremy Moss(D-District 11).
During the passage of the bill, many legislators made statements acknowledging that the bill was imperfect and that insurance reform would need more work. They urged votes in favor of the bill none-the-less because it would deliver much-desired rate relief.
Shortly after SB1 was passed, a multitude of other legislation to amend it was proposed, including bills in both the House and Senate to reverse the order of priority for motorcyclists’ personal injury coverage, so that their own choice of insurance would come into play first. Spomer said they were told the bills would come to a vote during the lame-duck session. It didn’t happen. None of the bills came to a vote.
“I feel betrayed by Senator McBroom, to be honest with you,” Spomer said.
Spomer campaigned for McBroom and other Republicans in 2018 and was trying to work with them on insurance reform concerns, too.
“Leadership kept telling us that they were going to work with us, and ABATE was going to be very instrumental,” Spomer said. “We found out that wasn’t the case.”
Vince Consiglio, President of ABATE (American Bikers Aiming Toward Education) of Michigan, thinks the bill was rushed and the politicians that voted for it didn’t really know the contents and the consequences.
Not only are a motorcyclist’s personal injury caps partially out of their control, but those same caps may also make them ineligible for the Michigan Catastrophic Coverage Fund, even though they’re required to pay into it. ABATE hasn’t been able to get a clear answer from anyone about when they’re eligible.
“There’s no logic to how it’s set up, and SB1 didn’t deal with any of that,” Consiglio said.
He doesn’t think there’s the political impetus to get the law changed again now. He said the lack of choice for motorcyclists was an intentional move to benefit insurance companies.
“Without a doubt, they basically wrote SB1,” Consiglio said.
Rep. Greg Markkanen doesn’t think the oversight was intentional.
“I just think, you know, there was just so much going on that things, I don’t want to say fall through the cracks, but it for some reason, just didn’t get covered,” Markkanen said.
ABATE has been looking for a new senator to sponsor the bill that would have fixed the prioritization issue for motorcyclists ever since the last bill expired. The previous sponsor, Sen. Peter Lucido, has left the Senate.
“There’s no movement by any senator to make a change,” Consiglio said. “Nobody likes to admit they’re wrong, and certainly politicians never do.”
McBroom said he thought safeguards around long-term rehabilitative care in the bill could have been improved, and that fee schedule adoption by hospitals could have been accelerated, too. He also would have liked people to have the choice to opt-out of insurance.
“But, you know, in the end, the critical aspects, I felt were doing whatever we could to reduce the cost to drivers,” McBroom said.
He said getting the savings promised hasn’t been simple, although they have been “very real”.
“It has been frustrating,” McBroom said. “I have been laboring, even, the last two months to get it straightened out with my carrier.”
He also said that Michigan still has the best coverage, by far, and that more savings are possible for Michigan ratepayers.
Bolden said her constituents still call her and say nothing has changed in the affordability of their auto insurance.
“I obviously can’t speak for, you know, other communities, overall rate reduction for the entire state of Michigan, but it has not been substantial in my community,” Bolden said.
She said she’s been having conversations with people, including the insurance companies, to get support for a new bill to fix some problems with SB1 of 2019.
“But the preference right now is to have the law go into full effect and see if and when there are problems,” Bolden said. “I think we need to fix things before they become issues because we can see that it’s going to be an issue.”
She said she hoped to introduce another bill to fix SB1 of 2019 before the end of spring. McBroom said he’s open to conversations on the bill, but might not be the best sponsor since he’s not on the committee. Markkanen said he would support a bill “if it came across my desk”.
Consiglio isn’t very optimistic, though.
“[The] insurance lobby has way more money than we do,” he said. “Everything’s in their favor.”