B l o g g i n g   F o r   M i c h i g a n
Mobile Edition



Subscribe to our newsletter

Preview




S O L I D A R I T Y




BFM Video


President Obama Weekly Address: 8/28/2010


Press Conference on the Michigan Supreme Court


Meet Virg Bernero


Pure Michigan- "Fresh"

BFM YouTube Channel





Michigan Bad Guys

BFM was Censored by Mike Bishop Aug 2-7, 2007


· The diabolical Obstructo Man!
· The Mike Bishop Diaries
· The Censorship Diaries


Michigan Political Parties
The Democratic Party

· Michigan Democratic Party
· MI Blue Tiger Democrats
· County Parties
· Caucuses
· Congressional District Committees
· Benzie Dems
· Blue Chips (CMU Dems)
· Clare County Democratic Party
· Genessee County Young Dems
· Grosse Pointe Dems
· Isabella County Dems
· Kicking Ass (UM Dems)
· Living Blue (Liv Co Dems)
· Saginaw County Dems
· WMU College Dems

The Green Party

· Michigan Green Party
· Detroit Green Party
· Flint Greens
· Huron Valley Greens
· Ypsilanti Greens
· All MI Green Party Organizations

Other Minor Parties

· Libertarian Party of MI
· Socialist Party of MI
· Independence Party of MI



BFM Hits   Granholm    Schauer    Bishop    Dillon    Economy    Senate Dems    Search BFM


Grab a cup of coffee - this is long......

by: Tina

Wed Mar 26, 2008 at 01:04:32 AM EDT


I am Shiawassee County Commissioner Jack Johnson's wife.

But, I am writing because I am Council President of my church, St Johns UCC in Owosso. I attended the Committee of the Whole Meeting today because of that elected position within my Church to speak to the matter of the food licensing fees that are being considered to impose upon churches, schools, and other not for profit organizations.

Recent legislation passed in Lansing eliminated the exemption that was afforded to non-profits and schools for food licensing fees.  

Tina :: Grab a cup of coffee - this is long......
I find this to be very distasteful and unfair for the ministries churches and organizations in this community provide for the general welfare to our residents. Because I am not completely familiar with all organizations efforts, I will only speak to St Johns UCC's food ministry and the benefits it provides to many who are in need.

We established a Feed the Hungry program years ago to provide a hot breakfast and a sack lunch every Saturday for those in need. This was done in response to the reduction in the number of hot meals that the Salvation Army was able to provide. We have anywhere from 10 to 30 or 35 people who utilize this program every Saturday. There is a certain segment of our population that have come to rely on this program and we feel blessed to provide. From my understanding, this legislation was meant to target, for the lack of a better word, schools who provide a large number of meals and require the inspections and oversight necessary for such an institution. The unintended consequence was to essentially tax Churches for their ministries to feed those who are in need.

Last week, Reverend Herbruck and I attended the Health and Human Services Meeting to voice our concerns over this newly established 'tax' upon our Churches and the ramifications of such a 'tax'. I described our program, I asked that they act responsibly and enact a fee schedule that would be fair and not prohibit us from continuing the work we are doing. Personally, I find it hard to stand in front of an Annual Meeting of our Congregation to discuss our yearly budget, which is funded entirely by donations, and state that while we want to continue to feed the hungry, the first $500.00 budgeted to this effort, must be paid to the County. Reverend Herbruck spoke eloquently that while his Church makes and sells pasties, the proceeds of those sales help fund their ministries, which included last year the ability to send youth of their Church to Detroit to help a sister Church in their need to provide summer programs, another very worthwhile program.

Today at the Committee of the Whole, I was joined by my Pastor, John Downing, Pastor Jim Eaton of the First Congregational Church and several members of the Burns Grange Hall. We all spoke to this issue, very well, very courteous and very logical in our assessment of this issue.

First off, it is very clear that George Pichette, Director of the Health Department who impose these fees, is intent on these fees standing - so his additional funding to his Department is secured. Second, Jack Johnson, Jaime Pavlica and Dan Stewart have all spoken with Representative Ball and he is working on legislation to correct this unintended consequence of this recently passed bill.

This motion/action was tabled at a previous meeting and was due to come onto the floor again today. Jack Johnson attempted to amend the motion to 'roll back' the fees to their previous levels (which I may add included temporary licenses for sales of food for non-profits) until the amendment proposed by Rep Ball was decided in Lansing. Randy Colbry felt this was not proper because the legal opinion he subscribes to does not allow for it. Pavlica just couldn't get past that they might be 'breaking the law' in some way, the same went for Stewart. I might add, this amendment to the legislation allows for the waiving of the fees, but I anticipate that if the amendment is approved, we will be back fighting to continue these food programs without this 'tax', because the greed for the additional funds will outweigh the need to feed hungry people.

Now here comes my own personal observations and comments about today's meeting, and I mean my own.

Randy Colbry feels this isn't legal. Well, given his track record of trying to prosecute the current Drain Commissioner for bogus charges and arrest the former Drain Commissioner on the same trumped up charges doesn't bode well for his assessment of legality of an elected official. And, given the current debacle that is our Shiawassee County Sheriff and his apparent proclivity to physical violence toward his employees, the  County Prosecutor stands silent. Not much confidence.

Pastors Downing and Eaton both spoke very well to the fact that this is a First Amendment issue when assessing a tax on the Church's Charitable Programs and violating the separation of Church and State.

Pavlica and Stewart's assertions that they feel personally bad about this, they can do no different than what the 'law' allows is hogwash. They can provide for a fee structure which would be equitable if they just took into consideration the number of meals provided and  the number of occurrences of the meal events. Stewart even went to the extent of calling himself a philanthropist, I would encourage him to look up the word in it's conventional use. A philanthropist gives large sums of money to effect a specific social change or policy. While he gives of his time, as a great many in our community do, I hardly believe he falls under the same title as a CS Mott or Warren Buffet. Those who give of their time like you and I are called - volunteers.

The issue was postponed to a future meeting, May 6 and I hope that many more attend.

Other events from today - there was an opportunity to appoint to the Community Mental Health Board a veteran who is an active member in VSO's (Veteran Service Organizations), the Disabled American Veterans and 24 year veteran of the Air Force and Michigan Air National Guard.  Jack put forth this man's name as an amendment to the motion that came out of his Committee based on the reality that with the wars we are currently involved in, plus the already established need for mental health services our vets require, the influx of clients who are veterans is anticipated to rise dramatically. Having a voice like this man would be invaluable. The Chair of CMH intended for names to be submitted to the Board of Commissioners without recommendation - however, at the nomination Committee of the CMH Board, when only two members showed up - one member was intent on and would not move from re-appointing the current members to another term. Jack was the other member. To be able to move this forward, Jack agreed that they would move the re-appointments with the alternative to be considered of the veteran who had stepped forward asking to serve, yet again as his duty had called. His amendment failed because of lack of support. Every Commissioner, besides Jack because his support was apparent, professed to supporting the veterans, but didn't feel they could appoint this veteran. There were excuses ranging from 'other' issues besides those Jack had put forth, to worrying about the fact that a couple of these re-appointments were for a couple of people who had only served a few months and how fair would that be, to they had already been trained, etc. Still, they all professed their support of veterans, even proclaiming by Stewart that he is a 'patriot'. Well, aren't we all.

In my opinion, and only my own, we have a culture on this Board of saying one thing and doing another. They like pretty words, but their actions are almost polar opposite of their actions. We have all heard the assertions that  - I want it to be stronger, but I want unity; This isn't anything against veterans, but we go by recommendations; We can't break the law; We can't make an elected official do anything unless they break the law, etc.

My outline: There was an opportunity to appoint a desperately needed veteran to an important position to provide a voice - a majority of the commissioners failed. There was an opportunity to tell George Pichette to go back to his drawing board and find a fair, equitable way to assess these fees, but they lack the character, as this may end up being an option to waive, not a necessity. Oh, and I love this - they are going to formally ask the Sheriff to attend the meeting of Public Courts and Safety to discuss the jail population, because he dismissed, in practical terms, the, I guess, casual request to attend the last meeting - so I guess taking the same tactics expecting different responses, yeah that will work. These are actions right on the heels of hiding important information regarding workplace violence - I guess no violation of law or civil rights there.

I am very proud of my husband's actions, sense of right and wrong, and hope that he has for his County. I am embarrassed by what I saw today by the rest of them.

Pastor Jim Eaton in the second round of public comments made a very good statement. Commissioner Sparkes opined that the residents of Shiawassee County should be proud of the Commissioners because they are working with Rep Ball's office to try and rectify this situation. Of course, they won't make a stand on their own. Pastor Eaton simply stated, I am NOT proud of you.

Tags: (All Tags)
Print Friendly View Send As Email
Confused (0.00 / 0)
Tina, I'm a little confused about the food licensing fee. Is this a license that's only required if you sell food on church property? Do you need the license if you give food away? Is the $500 fee the same for all churches or does it vary according to the size of the program?

I find the whole thing distasteful too, primarily because it will reduce the amount of good you can do within the community, and sadly, under the current Bush recession, the need is greater than ever.  It's also ironic that the Republicans like to push responsibility for feeding the hungry onto the churches instead of the government, but then turn around and impose this fee on them.  

Do you have a link showing which lawmakers voted in favor of this legislation?  Maybe church members across the state should start a letter writing campaign directed at them.  


It is all very confusing.... (0.00 / 0)
This licensing fee is required whether we sell food or give it away. If we sold food at the church to help fund our youth program, for example, we already pay for a one day special permit to do so.

Pastor's Downing and Eaton were both very clear in their opinions that this could well be viewed as a violation of the First Amendment, inasmuch as it is a fee imposed on a Church to run their ministry.

There have also been some comments like - well does this apply to communion? After all, you are serving/giving away bread and either grape juice and/or wine. And, given the fact that you are serving wine - are you going to be required to obtain a liquor license?

Their are counties all over the State that are all over the place in their administration of this 'law'. It goes anywhere from totally ignoring it to a complicated fee schedule that reduces the charges for food being given away to a very minimal amount. It seems that here, in Shiawassee County, our Health Department sees this as a major source of revenue and wants to grab all they can. There was even questions that if we paid this fee, in order to comply with the law as it currently stands, and later it is amended, would we or could we get a refund? The County Prosecutor opined that it would only be possible if the legislation made that specific statement that would allow that refund.

I'll try to find the exact legislation number and those that voted for it. Although my abilities to research that are somewhat limited compared to all of you.


[ Parent ]
Still not following you completely (4.00 / 2)
What is their reasoning for "it's not legal?"

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978

333.2444 Fees for services; expenses and compensation.

Sec. 2444.

(1) A local governing entity, or in case of a district the district board of health, may fix and require the payment of fees for services authorized or required to be performed by the local health department. The local governing entity or district board may revoke, increase, or amend the fees. The fees charged shall not be more than the reasonable cost of performing the service.

(2) Members of a local board of health may receive necessary traveling expenses for attending meetings and may receive compensation as determined by the local governing entity for each meeting attended.

History: 1978, Act 368, Eff. Sept. 30, 1978


and
FOOD LAW OF 2000 (EXCERPT)
Act 92 of 2000

289.3119 Additional license fees; collection; exemptions; adjustments; forwarding applications.

Sec. 3119.

(1) Except as otherwise provided for in subsection (2), upon submission of an application, an applicant for a food service establishment license shall pay to the local health department having jurisdiction the required fees authorized by section 2444 of the public health code, MCL 333.2444, and an additional state license fee as follows:

(a) Vending machine location fee .......... $ 3.00.
(b) Temporary food service establishment... $ 3.00.
(c) Food service establishment............. $ 22.00.
(d) Mobile food establishment commissary... $ 22.00.
(e) Special transitory food unit........... $ 35.00.

(2) When licensing a special transitory food unit, a local health department shall impose a fee of $135.00, which includes the additional state license fee imposed under subsection (1) unless exempted under subsection (4) or (5).

(3) The state license fee required under subsection (1) shall be collected by the local health department at the time the license application is submitted. The state license fee is due and payable by the local health department to the state within 60 days after the fee is collected.

(4) A charitable, religious, fraternal, service, civic, or other nonprofit organization that has tax-exempt status under section 501(c)(3) of the internal revenue code of 1986 is exempt from paying additional state license fees imposed under this section except for the vending machine location license fee. An organization seeking an exemption under this subsection shall furnish to the department or a local health department evidence of its tax-exempt status.

(5) A veteran who has a waiver of a license fee under the circumstances described in 1921 PA 359, MCL 35.441 to 35.443, is exempt from paying the fees prescribed in this section.

(6) The department shall adjust on an annual basis the fees prescribed by subsections (1) and (2) by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit consumer price index but not to exceed 5%. As used in this subsection, "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the bureau of labor statistics of the United States department of labor or its successor. The adjustment shall be rounded to the nearest dollar to set each year's fee under this subsection, but the absolute value shall be carried over and used to calculate the next annual adjustment.

(7) The local health department shall forward the license applications to the department with appropriate recommendations.

History: 2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2002, Act 487, Imd. Eff. June 27, 2002 ;-- Am. 2007, Act 113, Eff. Jan. 1, 2008

Did Ball (or anyone else) give you specifics on the new legislation? I only see two bills currently in the formal legislative process (in the Health Policy Committee) sponsored by Ball, and neither addresses this issue.

Is the church formally a 501(c)(3)?

Disobedience, in the eyes of anyone who has read history, is man's original virtue. It is through disobedience and rebellion that progress has been made. --- Oscar Wilde, The Soul of Man Under Socialism


Thanks for the info, CL (0.00 / 0)
I tried digging further without any luck.  I wish the state made it easier to find information about new or pending legislation without having to know the act or bill number.  The search feature is useless - or maybe it's just operator error. ;-)  

Anyway, Tina, I'm still confused. If Rep. Ball is lurking in the area, I'd be interested in hearing what he has to say.  


[ Parent ]
Let me dig..... (0.00 / 0)
I am hoping somewhere in Jack's files it will state the law they are citing to assess these fees.

Ball is talking about it just going to committee or something for now. I anticipate that it will take another 30 to 60 days before it actually goes before the House. Of course, Ball is being optimistic saying that it will happen it 2 or 3 weeks - dream on.


[ Parent ]
They can assess (0.00 / 0)
based on the first piece of MCL (Michigan Complied Law) above but the question is why do they think that they can't change an existing fee?

Disobedience, in the eyes of anyone who has read history, is man's original virtue. It is through disobedience and rebellion that progress has been made. --- Oscar Wilde, The Soul of Man Under Socialism

[ Parent ]
Why are they acting on this now...... (4.00 / 1)
when it hasn't even been acted upon in the legislature yet? Seems like they are putting the cart before the horse.

The direct use of force is such a poor solution to any problem, it is generally employed only by small children and large nations.

 - David Friedman


[ Parent ]


Grassroute Guide
Organizational Development, Team Building and Effective Leadership Training for Non-Profit Community Service and Advocacy Groups.



Get the essential tools and insights to develop and maintain a positive, "high-energy" in your grassroots community group.

Click here for ebook and video

BFM Welcome Center
Your BFM Menu:

Make a New Account

Username:

Password:



Forget your username or password?

- About/Contact BFM
- BFM Privacy Policy
- Contribute To BFM

BFM To Go:
 - RSS Diaries and Blasts
 - RSS Recent Comments
 - BFM Newsletter
 - BFM on Twitter
 - BFM on Facebook







BFM Clicklist
· A2Politico
· Absolute Michigan
· ACLU of Michigan
· A Jared Manifesto
· Arbor Update
· Christine Barry
· Blue November
· Center For Michigan
· Conservative Media
· DailyKos Michigan
· The Deaf Edge
· Democracy for Metro Detroit
· East Michigan Blue
· Eclectablog
· Far Left Field
· Great Lakes, Great Times, Great Scott
· Ironicus Maximus
· Liberal, Loud and Proud
· Liberal Values
· Mark Maynard
· MI Blog
· Michigan Auto Insurance
· Michigan in Pictures
· Michigan Liberal
· Michigan Positive
· Motor City Liberal
· My Michigan Connection
· Opinion Artillery
· Our Michigan
· PhiKapBlog
· Positive Detroit
· Powers Court
· Reading For Leading
· Stone Soup Musings
· West Michigan Politics
· West Michigan Rising
· Wizardkitten
· Working in Bare Feet
· YAF Watch

Blogging in Color
· African American Political Pundit
· AfroSpear
· Angry Black B-
· Blabbeando
· Blac (K) Ademic
· Black Commentator
· Culture Kitchen
· Debra Dickerson
· Electronic Village
· Francis L Holland
· Jack and Jill Politics
· Jasmyne Cannick
· Keith Boykin
· La Shawn Barber
· Latino Politico
· Miss Wild Thing
· Oliver Willis
· Prometheus 6
· The Field Negro
· The Republic of T
· Rod 2.0 Beta
· The SuperSpade
· The Whichota NAACP Blog
· TransGriot

This list shamelessly jacked from PHB

Environment & Energy
· Black Bear Speaks
· [con]serving Michigan - MI League of Conservation Voters
· Dave Dempsey - Great Lakes Blogger
· Earthanet
· Ecology Center
· Greenflight EV
· Green Machines Tour
· Healthy Car
· Lead Free Wheels
· MI Network for Children's Environmental Health
· Network Green
· Save The Wild UP

The Establishment
· Call of the Senate Democrats
· US Congressman John Conyers
· Governor Jennifer Granholm
· Michigan House Democrats
· Michigan Senate Democrats





All content copyright Blogging For Michigan, 2010 All rights reserved unless otherwise specified.

Powered by: SoapBlox