Accounts of pandemic-prompted state mandates threatening the survival of locally owned restaurants consumed the Barry County commissioners' meeting Tuesday.
The public comment portion of the meeting, which ended up commandeering the entire session, was intended as a filibuster. At least 36 citizens spoke via Zoom. They queued up at two locations in Freeport and Delton, each one speaking for 3 minutes, which is the time limit allowed to each citizen who wants to offer a public comment.
The filibuster did cause the planned business portion on the agenda to be postponed until next week.
Yet the tone was not contentious as the speakers found no opposition among their listeners.
One woman wept, another choked up and struggled to speak. Some speakers expressed anger and others bewilderment at state-ordered mandates that prevent them from operating their businesses in a sustainable way.
They referred to the price, both financially, physically and mentally, that is being paid for the isolation in their communities, which are beset by anxiety, discouragement and depression, business closures and spikes in suicides.
Some commissioners said they were overwhelmed by the accounts they heard.
Chairman Ben Geiger said their stories are heartbreaking.
“We welcome your comments and, hopefully, we can find some ways to work together to bring some needed change,” Geiger told speakers as the session began.
Rutland Charter Township resident Joel Ibbotson, one of the founders of the Local Government Accountability Forum, which had planned the organized public comment filibuster, was the first member of the public to comment.
“Our voices seem to fall upon deaf ears,” he told the board.
What followed then was about two hours of voices – local business owners and restaurateurs, their customers and residents from Barry County as well as Calhoun, Eaton, Ionia and Kent, who told of their struggles to survive.
But those accounts didn't fall on deaf ears, some commissioners said..
Commissioners who were polled by The Banner after the meeting spoke about what they've been trying to accomplish behind the scenes.
Commissioner Jon Smelker, who is a member of the Barry-Eaton District Health Department board, said he has been trying for the past two months to convince health officials to lift the restrictions.
“I agree with a lot of the people who spoke today,” Smelker said. “They put their work and savings into their businesses.”
The restrictions on restaurants should be lifted, Smelker said, and people should be allowed to choose whether they want to go out and use the proper
precautions.
Ibbotson had mentioned possible financial relief, such as forgoing the cost of permits and other regulatory fees.
Smelker mentioned that idea as well. “We need to do something, (such as) not charging for inspection permits.”
Commissioner Howard Gibson, who called Tuesday's session “overwhelming,” said Smelker, in his role on the health board, has been pushing for changes.
And Smelker said he has the backing of his fellow Barry County commissioners on the health board, Geiger and Dave Jackson.
But it's been frustrating because the Eaton County commissioners have not been supportive, he said.
“The state sends us COVID money,” Smelker said. “We need to take some of that money and help (locally owned restaurants).”
Other counties have passed resolutions saying they are against the restrictions,” but Smelker said the county commissioners need to take care that their actions don’t jeopardize funds. “I don’t believe we have the authority to say we’re not going to enforce … a law that has to be enforced.”
Geiger agreed that the board can’t “pick and choose” what laws it will enforce.
The Banner was unable to reach Commissioner Vivian Conner. Two other commissioners, Catherine Getty and Bruce Campbell, just began their terms as commissioners and they are still learning about their roles.
“Being a new commissioner,” Getty said, “I’m learning what authority we have and what domino effect (such as an action affecting taxation) could cause.”
She mentioned the fact that many of the citizens who spoke would have been less inconvenienced if the meeting had taken place during the evening. “I did appreciate the time people gave today out of their schedules” to participate in the commissioners’ meeting. A change in meeting time, even if only once a month, might be worth considering to encourage increased public participation, she said.
“I’m hoping, when we get together, we can show how we feel about the whole issue,” Campbell said, echoing Gibson in describing the situation that residents and business owners described Tuesday as “overwhelming.”
“I would love to see us do something that shows where we stand,” he said.
Geiger said the public comment will be discussed during the chairman's report at the next county board meeting starting at 9 a.m. Tuesday.
All other business that was removed from this week's agenda will be folded into items for consideration at next Tuesday's regular board meeting, County Administrator Michael Brown confirmed.
Jackson, replying to The Banner via email, wrote: “I agree with many of the Barry County residents who invested their time to contribute public comment on Tuesday. I do not believe we have transparent science-based evaluation of the current COVID dynamics by our governor who has continued to punish our small businesses and restaurant owners while giving the big box stores a pass.
“I know other counties have passed resolutions supporting small business and this commission also supports small business and restaurants. However, I don't want Barry County business owners to be under false pretenses of protection from a resolution.”
“Although we can oppose the state regulations with a county resolution, “ Jackson wrote, “it will not stop the state powers that be into fining Barry County business owners up to $1,000 per day per violation. These are not fines imposed by our local health department or prosecuting attorney. If the county commission had the ability to protect our business owners, we would have acted a long time ago. We quite simply do not possess that authority.”
Ibbotson and several others have mentioned the idea of tax abatements to businesses that have been hard-hit by the MDHHS orders.
Brown, in response to a question from The Banner about the feasibility of a tax abatement for restaurants, wrote: “The General Property Tax Act (Act 206 of 1893) prescribes the rules for assessment and collection of property taxes. I am not aware of anything that would allow a County Commission to modify the tax burden for these businesses.”
While the commissioners were reacting to the accounts they heard in the session Tuesday, an announcement from the governor's office reported that the restrictions on restaurants and other businesses would be reduced as of Friday.
A reduction in the restrictions isn't good enough, some said.
Smelker said he wanted them lifted.
During Tuesday's filibuster, Kelly Case of Baltimore Township, who said that her business sells food to the majority of restaurants in Barry and Eaton counties, deplored local government’s failure to support the restaurant industry. “There’s been nothing said; nothing done; no support whatsoever. I’m hoping you guys will hear us… Somebody has to do something.”
Nancy Hammond of Carlton Center said that closure of local businesses “doesn’t make sense….When is it recognized as not being for the greater good? What are you folks willing to do on their behalf? We’re here out of love for them.”
Misty Bowman of Kent County began to weep as she spoke to commissioners. “It’s not going to stop until you stand up.”
Jamie Adams of Woodland chided commissioners for not seeking out small business owners and asking them what help they needed to survive.
A Hastings business owner from Kent County whose name was inaudible on the Zoom connection said, “My business has been closed almost eight months.”
“I don’t feel we’re getting any support from anyone,” she said, referring to “an endless amount of unemployment. I don’t feel my government supports me at any level.”
“We pay your wages,” she told the elected officials. “You work for us. If we don’t work, you don’t work. I’m sick of being beat down”
Julie Ockerman of Delton appealed to the county board to act. “By letting us suffer and close, you are going to run out of people to tax. Open your eyes to the plight….It’s time we hour our elected officials responsible and let Lansing know that we want to be able to control our own destiny.”
Dave Campbell of Delton said the county board has the authority to help these restaurants. “Would you destroy the tax base of your community?” he asked them.
Justie Brewer of Delton said, “I implore you to open your eyes … and put yourselves in their shoes. Let’s take a stand and tell Lansing we’ve had enough.”
Joely Lyons of Delton said, “Have a heart for those businesses suffering in a time of tyranny. …I implore you to open your eyes to the plight of these business owners. ..How would you feel if your livelihood was reduced by 75 percent? I feel it is time to get back to those businesses. Let us take a stand and tell Lansing that we have had enough.”
One Delton woman whose name was inaudible over the Zoom connection said she’s an employee at a restaurant and a single mother who is finding it difficult to raise a family. At that point, she choked up and couldn’t speak.
At that point, Geiger said, “Our hearts go out to you and others. Hopefully, we can find a way to help these businesses survive.”
Later, he called the session “gut-wrenching.”
Susan Barnaart, one of the owners of the Walldorff Brewpub & Bistro in downtown Hastings, expressed her disappointment with government at all levels and said that the experience has affected how they feel about the community.
Later Tuesday, Ibbotson said the filibuster was successful, allowing citizens to give “truly heartfelt comments … to their government by exercising their rights.”
The speakers said that the commissioners should uphold their oath of office by being accountable to their constituents, small businesses and restaurants and send a message to Lansing to open the restaurants and small businesses and give them relief.
Smelker and Geiger both said they intend to get a copy of Tuesday's session in front of Gov. Gretchen Whitmer as well as state Rep. Julie Calley, R- Portland, and state Sen. John Bizon, R-Battle Creek, who represent Barry County in the state Legislature.
“The pleas I heard today really need to be heard by (them),” Geiger said in a telephone interview Tuesday evening.
Geiger said that, even if the governor's announcement had been made a day earlier, he believes that it would not have appreciably changed the message of these Barry County business owners.
The damage has been done and they have reached a point of desperation, he said.
What Tuesday's session has underscored for everyone, Geiger said, is that the pandemic is not just about lives, it's about livelihoods.