Thornapple Township Supervisor Eric Schaefer has been thinking ahead to when his board can meet in person again.
Last Thursday, Schaefer worked on setting up the room at the township hall where the board will meet Monday, April 12.
“I spent a fair amount of time trying to situate the board room so that each board member has 6 feet between them, and trying to set up an audience of 15 chairs so they’re all 6 feet apart,” Schaefer said in a telephone interview Monday.
“I wish we had a little bit bigger board room, but I think we’re all going to fit.”
Schaefer and other elected officials around Barry County are resuming in-person board and council meetings this month after the most recent order from the Michigan Department of Health and Human Services, issued March 22, will allow in-person meetings if no more than 25 people are present and the local municipality can meet spacing and social distancing requirements. Under the Open Meetings Act, if more than 25 people attend, the meeting must be ended or moved outdoors, according to a memo from the Michigan Townships Association.
Masks are required for all members of the public body and those attending the meeting, according to the DHHS order.
Most governmental entities in the county are planning to have a hybrid option – meeting in person while offering the opportunity for constituents to participate virtually through a Zoom call or similar application.
“I understand some people don’t feel comfortable [with attending in person], even board members,” Schaefer said. “If they don’t feel comfortable, they’re welcome to participate through the Zoom component.”
The Village of Middleville also will be using a hybrid format for its council meetings, starting Tuesday, April 13.
“The public is welcome to attend via Zoom, and some of our council members who are still a little concerned about their health are welcome to join us via Zoom too,” Village Manager Patricia Rayl said Monday in a phone interview.
“Our [council chamber] space can accommodate eight to 10 people,” she said. “Anything more than that, we would want to do it virtually.”
Rayl said the village has the option of moving its meeting to the training room of the Thornapple Township Emergency Services station if a larger audience is expected.
“That was what I was arranging before the Barry County Board of Commissioners was kind enough to make their declaration [of a countywide state of emergency approved March 23] and put us back to being able to do the hybrids again,” she said.
Anyone attending a village council meeting in person must wear a mask and go through a brief check-in when they arrive, Rayl said.
“We will take a short health quiz and take your temperature,” she said.
The Middleville Downtown Development Authority had issues with its mixed in-person and virtual meeting last month.
Members of the DDA met in a room together, while the audience watched online. But only one microphone was working, and the majority of the conversation was inaudible.
In Irving Township, the board will continue to use a hybrid format for its meetings. However, the board doesn't use Zoom.
“We don't do it over Zoom because we don't have good internet at our township,” Township Supervisor Jamie Knight said.
“We do it over an actual conference call line. I have a conference call app that we use. It's always the same phone number, always the same [pass] code that you have to put in.”
During its March meeting, the Irving Township board voted to move its meetings to the third Tuesday of the month from the second Wednesday. The next township board meeting will be Tuesday, April 20, at 6:30 p.m.
“We'll take it month by month [with regard to the hybrid meetings],” Knight said.
The challenge for municipal government is enforcing orders by MDHHS regarding wearing masks and distancing people at public meetings, Michael Selden, Michigan Townships Association director of member information services, said
March 26.
“While townships certainly can have the signs up or make comments [requiring mask wearing and social distancing], it is a challenge from a local perspective,” Selden said. “By not at least following minimum standards, I think there could be some liability there if the worst-case scenario happens.”
Law enforcement officers are deemed representatives of MDHHS for the purpose of enforcing its orders and are “specifically authorized” to investigate any potential violations of orders, according to a MDHHS Epidemic Order effective through April 19.
A violation of this order is a misdemeanor punishable by no more than 6 months’ imprisonment, a fine of no more than $200, or both. A fine of $1,000 for each violation of the order also could be issued to the municipal government where the violation occurred.
A township could be held liable if a gathering such as an open meeting is taking place on township property and mask wearing and social distancing rules are not being followed, Selden said.
If no signs are displayed stating masks must be worn while on the property and social distancing must occur while on-site, a township could be liable, as well.
“Ultimately, they could be held responsible,” Selden said. “In theory, if someone comes in without a mask on, the township probably should say ‘We require masks. You have to wear a mask.’”
People can be asked by municipal government officials to leave a government function such as an open meeting if they are not wearing a mask or distancing themselves from others, Selden said.
Schaefer said he would make sure everyone at the Thornapple Township meeting is wearing a mask.
“We are going to have on our door [a sign that says] masks are required for entry,” he said. “As far as enforcement, I guess it's going to be ultimately on me to ask them to wear a mask or [tell them to] feel free to go home and participate in the
Zoom component.”
Municipal government officials, however, are not the police, Selden said.
“The police would have to come and they issue fines or citations for violating the order,” he said.
Vermontville Township Supervisor Jack Owens said at the board’s March 25 meeting “That’s not my job” when asked about enforcing a requirement that attendees wear masks.
“It’s an open meeting. We can’t make people do that,” Owens said.
As many as three people were not wearing masks during last week’s meeting, which was attended by fewer than the maximum allowance of 25 people.
Selden said “It’s certainly the township’s job” to make sure people follow the law, even ones administered by the state.
“Ultimately, it’s the township’s responsibility to make sure when people come onto township property or to a township meeting that they are following the law,” Selden said.
The boards of commissioners in Barry and Eaton counties both declared respective states of emergency in March regarding the ongoing pandemic.
The Barry County Board of Commissioners approved a resolution during its March 23 meeting declaring a state of emergency; the Eaton County board approved the same resolution March 17.
The resolution grants public bodies in the county where the resolution was declared to have the option to continue hosting meetings virtually through the end of this year.
Eaton County’s board approved the resolution to be renewed every seven days, and it will be reviewed every month for future renewal.
Barry County’s resolution is in effect through Dec. 31 but can be rescinded at any time, Jim Yarger, emergency management coordinator, said Tuesday.
The only recourse townships have is asking people to wear a mask, Prairieville Township Trustee Ted DeVries said
Monday.
“It’s not that big of a deal, I don’t think, to wear a mask,” DeVries said.
Signage indicating masking and distancing requirements while people are on Orangeville Township Hall property will be posted there, supervisor Tom Rook said March 26.
“You can give them the distance requirement, but you can’t force anyone to wear a mask,” Rook said.
In Odessa Township in Ionia County, chairs and tables at the township hall have been spaced out to meet social distancing requirements, supervisor Dave Bulling said last week.
“It’s like any store you go into now where you’re supposed to be wearing a mask. Am I going to make a big scene if nobody’s not? No. It’s just like any other public place you go to,” Bulling said.
He said masks will be offered to people who don’t have one on when they go into the township hall.
“I just hope the people in Odessa Township have the common courtesy to wear a mask,” he said.
The Nashville Village Council has been meeting in-person throughout much of the pandemic. The council met at Putnam
Park last summer and moved to the Castleton Township Hall in the fall. While council members, and attendees, are seated 6 feet apart, masks are not required. Some members of the council wear them while entering the building and taking their seats, but none of the council members wear them during the meeting.
The Maple Valley Board of Education experienced technical issues during its regular meeting in early March. It was the first meeting since last summer where the board met in-person, though the public attended virtually.
Each board member and Superintendent Katherine Bertolini had a Chromebook and microphone for the audience to see and hear them, but the audience wasn’t always able to do so
To prevent echoes and feedback, only one person at a time was able to have his or her microphone unmuted. But that meant much of the crosstalk, and the actual vote-taking, was mostly inaudible for the audience.
Several times technology specialist Josh Leatherman had to remind the board members to turn their microphones back on.
“Can somebody unmute so the gallery can hear?” Leatherman asked during one conversation.
“The gallery is unable to hear anything that is going on,” he told the board later.
At one point, two or three of the Chromebooks apparently stopped working, and Leatherman got the board members replacements while the meeting continued.
Some attendees and staff noted that three members of the board were not wearing masks, contrary to school policy. Two residents and the Maple Valley Education Association read letters to the board admonishing the members for not wearing masks.
Staff writers Greg Chandler, Sean Bradley and Taylor Owens contributed to this story.