Governor Whitmer, AG Nessel: Further action needed to ban guns in the Michigan Capitol

LANSING -- After armed protestors stormed the Michigan Capitol last April and an armed insurrection resulted in the death of a Capitol police officer at the United States Capitol last Wednesday, Governor Whitmer released the following statement after the Michigan Capitol Commission voted today to ban open carry guns in the Michigan Capitol:

"No lawmaker, reporter, staff member, or anyone who works in the Michigan Capitol should fear for their safety at work. But in the past year, we have seen a rapid rise in violent rhetoric and threats to public safety that require our immediate action. In April of 2020, armed protestors stormed the Michigan Capitol and stood in the gallery, long guns in hand, looking to intimidate legislators doing their job to serve the people of Michigan. And last week, we saw an armed insurgency occur in our nation’s Capitol. This cannot stand. We must take immediate action to protect everyone who steps foot in our state Capitol.

"The Capitol Commission’s action to ban open carry guns at the Capitol is a good start, but more action is needed. On a normal day, hundreds of people walk through the Capitol, including groups of fourth graders, teachers, and parents on school field trips to learn about state government. That’s why we must take action to ban all weapons at the Capitol to keep Michiganders safe. I am hopeful that the Capitol Commission will recognize the need for further action, and I stand ready to assist in implementing this policy to keep Michiganders safe."

Attorney General Dana Nessel released this statement on the Michigan Capitol Commission vote:

"Though I appreciate the Commission’s decision today to prohibit the open carry of firearms, it’s only a single step down the long path of reforms that are necessary to make our legislators, state employees and visitors safe in our state Capitol. Firearms -- whether explicitly visible or concealed by clothing -- possess the same capability to inflict injury and harm on others and only banning open carry does little to meaningfully improve the safety and security of our Capitol. I urge the Commission or our Legislature to take the proper action and pass the necessary reforms that truly take into account the safety of those visiting and working in our Capitol. Today’s actions are simply not enough to do that."

Senators Stabenow, Peters and Rep. Bergman comment on Capitol siege, electoral college votes

WASHINGTON, DC; DETROIT -- Today, Jan. 7, Michigan Democratic Senators Debbie Stabenow and Gary Peters released statements on the Electoral College vote count and the siege during which rioters stormed the U.S. Capitol and delayed the proceedings. First District U.S. Rep. Jack Bergman (R) sent comments in a Jan. 6 email.

Senator Stabenow said, "A day that began with a brazen and dangerous attack on our democracy has ended with a sign of its endurance: Congress returned to work and validated the election of Joe Biden as our next president and Kamala Harris as our next vice president. Michigan’s votes were counted and voices were heard. I am grateful to law enforcement officers who keep us safe every day and ensured that we could fulfill our constitutional duty."

Senator Peters made two statements -- one on the events of Jan. 6 and another calling for President Trump to be removed from office.

Senator Peters released the following statement after Congress certified the Electoral College votes:

"Wednesday’s dangerous and unacceptable attack on our Capitol marked one of the darkest days in our nation’s history. These events went against the very values upon which our country was founded.

"The President’s continued refusal to accept the election results and efforts to stoke violence demonstrates his complete absence of leadership and character. His words and actions incited domestic terrorists who endangered democratically elected leaders, staff and law enforcement.

"It was horrific that as members carried out their constitutional duty they were disrupted and threatened by armed rioters in a desperate attempt to keep President Trump in power.

"We had a secure, free and fair election that was certified by Michigan and every other state. Despite what transpired, Congress reconvened and completed the Electoral College vote count. There is no question that Joe Biden and Kamala Harris will be sworn into office on January 20th.

"We cannot allow these events to deter us from doing the important work ahead of us. I have faith that we can emerge more united, but only if we come all together."

In his email, Michigan First District Congressman Jack Bergman first commented on his opposition to the Electoral College votes:

"In times of tension and turmoil, leaders stand up and do what is right. I made it very clear this week that I intended to stand for my belief that irregularities, discrepancies, and usurpation of state election laws demanded an investigation into the 2020 election. After all, this is a duty that Congress has been given and a lawful way to challenge concerns with state electors. As prescribed by the 12th Amendment, a joint session of Congress is to meet to 'count electoral votes' and make a final determination on the 2020 Presidential Election. The Electoral Count Act of 1887 gives Congress the opportunity to object to any state where any member believes votes were either 'unlawfully certified' or 'not regularly given.' That is what I did today, and what many before me have done - including in recent elections...."

Rep. Bergman added these comments on the siege of the Capitol:

"The actions of the mob that participated in storming the Capitol, fighting Capitol Police, and harming civilians and property is un-American and a disgrace to our republic. Those who broke the law and participated in this effort should receive maximum punishment. These actions undermine our very foundation -- I didn’t fight for our country for forty years to see us devolve into settling political disputes by violence and intimidation.

"We are a nation of law and order and must remain so if we are to maintain our republic."

Houghton County Dems pass resolution in support of Western UP Health Department

The following resolution was passed at the January 6th 2021 regular monthly meeting of the Houghton County Democratic Party, supporting the Western Upper Peninsula Health Department (WUPHD) in promoting the health guidelines that help us all fight the spread of coronavirus in our community: We appreciate the work you, WUPHD, do every day in the face of an implacable pandemic and political pressures attempting to prevent you from doing your jobs. We stand with you.

Whereas: Houghton County has been impacted by COVID-19 with 2023 cases, increasing daily, and 33 deaths (per the Michigan Department of Public Health);

Whereas: Statistics alone cannot measure the social and health impacts on the residents of this county that include long term health effects from those recovering from COVID-19 (some still not even recognized); health issues related to disruptions or delays in receiving routine or urgent health care services due to the need to preserve resources for COVID-19 patients; mental health issues related to stress, economic hardship, overburdening of workers in front-line and health care jobs; and delays in educational achievement for many students due to changes from in-person to on-line learning;

Whereas: There has also been grave negative economic impact on individuals who have lost jobs or had hours reduced; small businesses that have had to close or greatly reduce hours or services; institutes of higher education who have lower enrollment and revenues while costs have increased to provide safe environments for learning; public and private schools who have struggled to provide the additional services needed without increase in funding; hospitals, nursing homes and other health care services who have had increases in costs for equipment and supplies as well as staff shortages; and local units of government facing reduced funding;

Whereas: Despite the above impact there has been and continues to be a strong community spirit with many small businesses following the rules of the Michigan Department of Public Health, even as these rules have changed throughout the year, in order to keep both their employees and customers safe; social and religious organizations adapting to a new normal often with the use of technology or new ways of organization to continue to reach their members; and most people following the techniques called for by health officials for social distancing, wearing of masks, and restricting contacts with others to slow transmission of the virus;

Whereas: Health officials locally, state-wide and nationally are calling for us to continue to be diligent with the behaviors that have been shown to slow transmission of the virus while encouraging the use of the vaccine as it becomes available to us;

Therefore be it resolved that the Houghton County Democratic Party:

Calls for the support of the Western Upper Peninsula Health Department from elected and appointed officials and the community to ensure that the agency has the resources to carry out their responsibilities in implementation of public health programs including vaccinations and enforcing public health rules and guidelines in a safe environment for all staff;

And

Calls for our elected officials to develop a proactive plan to re-build the economy ("Build Back Better" as our President-elect Biden has called for!) in the county while supporting the public health measures that are contributing to containment of the coronavirus.

Inset logo courtesy Houghton County Democratic Party.

Michigan moves to new phase of vaccinations; Western UP Health Department continues to vaccinate Phase 1A, planning for Phase 1B

This slide from Governor Whitmer and Dr. Khaldun's presentation on Jan. 6, 2021, summarizes plans for beginning Phase 1B of COVID-19 vaccinations in Michigan next week. (Image courtesy Michigan Executive Office of the Governor)*

LANSING -- To help reach the state’s goal of vaccinating 70 percent of Michiganders over age 16 and bring a quicker end to the COVID-19 pandemic in Michigan, Gov. Gretchen Whitmer and Michigan Department of Health and Human Services (MDHHS) officials announced on Wednesday, Jan. 6, that the state is moving to a new phase of vaccination on Monday, Jan. 11.*

Dr. Joneigh Khaldun, chief medical executive and chief deputy for health at MDHHS, joins Gov. Gretchen Whitmer (background) in a live video presentation Wednesday, Jan. 6, on the plans for continuing COVID-19 vaccinations across Michigan.**

HANCOCK -- Healthcare partners across the Western Upper Peninsula are working together to push forward with making COVID-19 vaccinations available to residents. To date, well over 1,000 individuals have been vaccinated in the 5-county area. Phase 1A vaccinations should be completed by the middle of next week.

As announced earlier Wednesday, Jan. 6, by the Michigan Department of Health and Human Services (MDHHS), the state is moving to a new phase of vaccination on Monday, Jan. 11. This next phase, known as Phase 1B, will include residents age 65 and older; frontline essential workers including police officers, first responders, frontline state and federal workers and jail and prison staff; and preK-12 teachers and childcare providers.

Local partners including Aspirus, UP Health Systems-Portage, Upper Great Lakes Family Health Center, and Baraga County Memorial Hospital met Wednesday to expand planning to accommodate those eligible for Phase 1B vaccination. The planning group is working towards offering a variety of options and venues for residents, with the end goal of providing doses to everyone wishing to be vaccinated.

Vaccine supply remains limited and vaccine clinics will be by invite or appointment only. No walk-in vaccination clinics will be held at this time. Additional details, including how to schedule a vaccination with the various providers, will be made available soon.

This slide from MDHHS directs those in an eligible group for vaccination to make an appointment for vaccination through their local health department.*

"Changing guidance and limited vaccine allocations have added to the complexity of the planning process," said Kate Beer, Health Officer for the Western Upper Peninsula Health Department. "We appreciate your patience as we develop our plan to meet the needs of our community."

Editor's Notes:

* Click here to see the full Jan. 6 COVID-19 power point presentation on vaccination planning.

** Click here to see the Jan. 6 video presentation from Gov. Whitmer and Dr. Khaldun on Gov. Whitmer's Facebook page.

Governor Whitmer, former Governor Snyder call for unity, healing

LANSING –- Democratic Governor Gretchen Whitmer and former Republican Governor Rick Snyder joined each other today in calling for national unity.

"What is unfolding today in our nation’s capital is truly appalling. Violence, vandalism, and insurrection have no place in this great country of ours. We are a nation of laws, not mobs," Whitmer said.

"While we come from different backgrounds and political parties, Governor Whitmer and I share a deep love for our country," Snyder said. "We must always remember that we are Americans first, and we are not one another’s enemy. That’s why I join with Governor Whitmer in calling on people of goodwill across America to pray for peace, calm, and healing."

"Now is the time to put this election behind us once and for all," Whitmer added. "We must unify as one nation to defeat our real enemy, which is the pandemic that has taken far too many of our friends, neighbors, and loved ones. As Americans, there is no problem we can’t solve, and no challenge we can’t meet. Let's all stay safe. Let’s take care of each other. And let’s move forward together, as one United States of America."

Governor Whitmer also posted a short video on her Facebook page, in which she gives her reaction to the news of the violent protests at the Capitol today.

"We had an election. We voted. It is time to move forward as a nation," Whitmer said. "And the actions of these people who are trying to stage a coup and wreak violence on the very foundation of our democracy is appalling and abhorrent."

See the video on her Facebook page here.

Secretary of State Benson: Michigan’s election was secure and fair; results are accurate

Photo courtesy Michigan Secretary of State Jocelyn Benson.

LANSING -- Michigan’s election was conducted fairly and securely, and the results accurately reflect the will of Michigan voters, the majority of whom cast ballots for President-elect Joe Biden.

"This was the most successful election in our state’s history, in which a record-setting 5.5 million citizens cast ballots and clerks and election workers processed every vote meticulously, fairly and efficiently, despite the challenges of the pandemic," said Secretary of State Jocelyn Benson.

There is no evidence of widespread election misconduct, as has been confirmed by President Trump’s former U.S. Attorney General William Barr, the FBI, the Cybersecurity and Infrastructure Security Agency, as well as numerous election officials of both political parties, and state and federal judges and justices. Additionally, state and local election officials have conducted more than 100 post-election audits, all of which have demonstrated the integrity of Michigan’s election.

Yet members of Congress are expected to parrot previously debunked false claims of election fraud on Wednesday (Jan. 6) in a partisan attempt to discredit Michigan’s election.

"By making false claims that undermine voters’ faith in our election, these elected officials demonstrate their shameless willingness to prioritize personal and partisan politics over the good of our country," said Benson. "They dishonor every citizen who voted and the thousands of public servant election clerks and volunteer election workers who carried out this successful election."

Voters should be wary of the disinformation that is shared on Wednesday. They can find accurate election information at Michigan.gov/SOSFactCheck, on Michigan Department of State social media accounts, and with their local and county election clerks.

Guest Article: Clarification of Facts and Hope for the New Year

By Kate Beer, Health Officer, Western Upper Peninsula Health Department*

First, I am writing to clarify the facts surrounding the issuance of fines to Cafe Rosetta in Calumet, MI. To date, the food establishment has received two citations -- totaling $5,000 -- from the Michigan Department of Health and Human Services (MDHHS).

The Western Upper Peninsula Health Department (WUPHD) provides local inspection and licensure of food establishments under the Michigan Food Law, as delegated under contract with the State of Michigan, through Michigan Department of Agriculture and Rural Development (MDARD).

WUPHD received over 100 complaints from local residents that stated Cafe Rosetta was operating in violation of current Emergency Epidemic Orders, issued by Michigan Department of Health and Human Services, by allowing indoor dining. Upon investigation of these complaints, WUPHD issued a warning order finding imminent danger to public health, giving the owner a chance to limit service to takeout only. The owner ignored the warning and WUPHD issued an Order to Cease and Desist Food Operations, which was also ignored.

The matter was referred to the MDARD and MDHHS. MDARD followed-up up with their own Cease and Desist order that went unanswered and was followed by an Emergency Suspension Order of their food license. This suspension was recently upheld by an Administrative Law Judge. 

MDHHS issued an administrative citation and a civil fine of $1,000 for violation of the Emergency Orders and later a second civil fine of $4,000 for failure to comply. As far as WUPHD is aware, no further fines or penalties were levied after Cafe Rosetta filed an appeal of their license suspension.

WUPHD has not issued any fines or penalties related to this facility.

Our approach is always to provide prevention education first. During this time, out of over 400 restaurants in our five-county jurisdiction, the WUPHD has referred only four establishments to MDARD and MDHHS, based upon consumer complaints. Three of these establishments worked with agency staff to re-open for takeout within days of the referrals. Cafe Rosetta is the only establishment that continued to provide indoor dining rather than takeout only. One additional establishment has recently opened in violation of their signed compliance agreement. The majority of our licensed food establishments are following the Emergency Epidemic Orders, working with the community to prevent further spread of the COVID-19 virus.

Second, I am writing to encourage our communities to continue to come together to fight this virus. Our goal has not changed: mitigation of the spread of COVID-19, ensuring that our local and regional healthcare systems are not overwhelmed, until a solution can be found.

There is new hope on the horizon as local healthcare entities are receiving and administering COVID-19 vaccine. Granted, vaccinating the almost 70,000 residents of our district will take time, but certainly the promise of getting back to some form of "normal" provides considerable motivation for us all.

We have been fighting this virus together for almost a year. Our children attending school in person, the ability to visit our parents and grandparents in nursing homes, holding large community events, and yes, eventually going in public without a mask are certainly worth fighting for a little bit longer.

* Editor's Note: This article appeared as a Letter to the Editor in The Daily Mining Gazette on Jan. 2, 2021. We requested and received permission from Guest Author Kate Beer to reprint the letter here.

Western UP Health Department begins administering COVID-19 Vaccine; Gov. Whitmer signs relief bills

Courtney Karttunen, public health nurse, receives the vaccine from WUPHD Director of Public Health Nursing Cari Digiorgio. (Photo courtesy Western Upper Peninsula Health Department)

HANCOCK -- The Western Upper Peninsula Health Department (WUPHD) began vaccinating priority groups today, Dec. 29, with recently received Moderna COVID-19 Vaccine. As limited supplies of the COVID-19 vaccine have started to arrive in the area, residents are asking, "When will COVID-19 vaccine be available to me?"

WUPHD expects vaccine administration to roll out over a series of months and is working with area hospitals, physicians, and outpatient clinics to distribute available vaccines according to a phased approach that has been adopted by the Michigan Department of Health and Human Services (MDHHS) and the Centers for Disease Control and Prevention (CDC).

The phased vaccination approach allows for continued functioning of the health care system and essential services in the community, while protecting people at increased risk for severe COVID-19 illness. These prioritizations may change as more information on vaccine effectiveness and additional vaccine products become available.

The current prioritized phases and estimated time lines are as follows:

PHASE 1A -- DECEMBER AND JANUARY

Priority 1: Critical health care
Priority 2: Long-term care staff and residents
Priority 3: Necessary health care

PHASE 1B -- MID JANUARY

Frontline essential workers who keep critical infrastructure functioning, and people age 75 years and older.

PHASE 1C -- MID FEBRUARY

Individuals at risk of severe illness (people age 65-74 years, and people age 16-74 years with high risk medical conditions) and some other essential workers whose work must be performed on site.

PHASE 2 -- END OF MARCH/EARLY APRIL

All other individuals age 16 years or older.

The state and region are currently working through the Phase 1A priorities. Additional media announcements will be made as new phases are reached.

There is no out-of-pocket cost to individuals for the vaccine; however, healthcare providers may bill insurance for administration costs. The Moderna COVID-19 vaccine requires two doses separated by 28 days, while the Pfizer COVID-19 vaccine requires two doses separated by 21 days. Individuals should receive both doses in order to be considered fully vaccinated.

The COVID-19 vaccine is critical in slowing the spread and helping communities recover from the pandemic. Stopping the pandemic will take ALL our tools: handwashing, masks, social distancing and vaccines. Together, these tools offer the best chance of getting our communities, schools, and work sites back to normal. WUPHD reminds residents to continue using prevention strategies as vaccines become more widely distributed and for some time after.

Gov. Whitmer: Wearing masks saves lives

LANSING -- In her latest COVID-19 Update today, Dec. 29, Michigan Governor Whitmer said, "Studies have shown that if we all wear masks until the vaccine is widely distributed we will save hundreds of thousands of lives in the United States."

Governor Whitmer also noted she is urging the Michigan Legislature to pass legislation that would require wearing masks in public -- a policy that has bipartisan support and would help stop the spread of COVID-19.

Gov. Whitmer signs $106 Million bipartisan relief bill, bills extending unemployment benefits to 26 weeks

Gov. Whitmer signs relief bills on Dec. 29, 2020. (Photo courtesy Michigan Executive Office of the Governor)

Today, Governor Gretchen Whitmer signed the bipartisan relief bill that the Michigan legislature passed after she urged them to provide support for Michigan families, frontline workers, and small businesses. The relief bill includes $55 million to help small businesses impacted by COVID-19. Grants of up to $20,000 will be made available to small businesses across the state that need support this winter. The relief bill also includes $3.5 million for grants of up to $40,000 each for live music and entertainment venues, and includes $45 million in direct payments to workers who have been laid off or furloughed as a result of the virus.

"I proposed this stimulus plan to the legislature in November because I know how much our families, frontline workers, and small businesses need relief. This bipartisan bill will provide families and businesses the support they need to stay afloat as we continue working to distribute the safe and effective vaccine and eliminate COVID-19 once and for all," said Governor Whitmer. "There is still more work to do to eliminate this virus and grow our economy. All Michiganders have a personal responsibility to do their part and mask up, practice safe social distancing, and avoid indoor gatherings where the virus can easily spread from person to person. We will beat this virus together."

The governor also signed bipartisan Senate Bill 604 extending unemployment benefits for Michiganders who have lost work as a result of the COVID-19 pandemic from 20 to 26 weeks until the end of March 2021. Senate Bill 604 was sponsored by Senator Curtis Hertel.

"No Michigander should have to worry about how to put food on the table or pay their bills, especially during a global pandemic," said Governor Whitmer. "These bipartisan bills are an important step in providing immediate relief for working families, but there is more work to do. I urge the legislature to take further action to make this permanent. 40 states, including all of our neighbors, automatically provide at least 26 weeks of unemployment relief. Michiganders deserve better than a short-term extension that expires in March. It’s time to work together on a bipartisan, long-term solution for working families."

From the beginning of the COVID-19 pandemic, Governor Whitmer and her administration have worked around the clock to ensure benefits for Michiganders who have lost work because of the virus. Since March 15, Governor Whitmer’s administration has paid nearly $27 billion in benefits to nearly 2.3 million workers.

Click here to see a video of Gov. Whitmer's Dec. 29 press conference.

For more information on COVID-19 please visit www.wuphd.org, michigan.gov/coronavirus, or cdc.gov/coronavirus.

MDHHS begins cautious re-opening of high schools, indoor entertainment, modifying successful "Pause"

Pointing to graphs showing the progress in slowing the spread of COVID-19 in Michigan, Governor Gretchen Whitmer gives a COVID-19 Update during a Dec. 18 press conference. (Photo courtesy Michigan Executive Office of the Governor)*

LANSING -- The Michigan Department of Health and Human Services (MDHHS) updated its epidemic order today to allow indoor activities where Michiganders can remain masked, as this has been scientifically shown to slow the virus. This includes in-person learning at high schools and indoor entertainment venues. Casinos, bowling centers and movie theatres will be allowed to reopen with total capacity capped at 100; food and drink concessions closed; and social distancing requirements in place. The new order is effective Monday, Dec. 21 and will last until Friday, Jan. 15.

"These past few weeks, Michiganders across the state stepped up and did their part to slow the spread of COVID-19, and because of our collective hard work, we are now able to begin the steps to carefully lift some of the protocols we have in place," said Gov. Gretchen Whitmer. "I am encouraged by the progress we have made since early November, and will continue to monitor the data closely during and after the holidays. One of the most important things Michiganders can do right now is make a plan to get the safe and effective vaccine as soon as it’s available to you. And as always: mask up, practice safe social distancing, and avoid indoor gatherings where COVID-19 can easily spread from person to person. We will eradicate this virus together."

The map on this slide from MDHHS and Gov. Whitmer's Power Point presentation shows how Michigan compares to nearby states. Click on image for larger verson. (Image courtesy Michigan Executive Office of the Governor)

Dr. Joneigh Khaldun, chief medical executive and chief deputy for health at MDHHS, also spoke of progress and the beginning of vaccine distribution.

"We have made some progress in our fight against this pandemic, and this was a historical week as we started to distribute life-saving vaccines," said Dr. Khaldun. "It is important that everyone continues to do their part. Start planning for when you will get a vaccine when it is available to you, and let’s avoid a surge in cases after the holidays by avoiding gatherings, wearing our masks, and continuing to socially distance."

Dr. Khaldun receives the first dose of the COVID-19 vaccine on Dec. 17, the day before the press conference, at Henry Ford Hospital, where she works as an emergency medicine physician. (Photo courtesy Michigan Executive Office of the Governor)

Previously, MDHHS had identified stabilization or declines in three metrics as critical for relaxing protocols. Michigan saw improvements across all three following the "pause" implemented in mid-November:

• Hospital capacity dedicated to COVID-19 patients: 13-day decline; current capacity is at 17.3 percent for beds with COVID-19 patients. Peaked at 20.1 percent on Tuesday, Dec. 1.

• Overall case rates: 27-day decline; currently at 439 cases per million. Peaked at 739 cases per million on Saturday, Nov. 14.

• Positivity rate: 11-day decline; currently at 10.6 percent positive tests. Recently peaked at 14.3 percent on Friday, Dec. 4. 
  

"Michiganders should be proud: we have made incredible progress over the last month. But we could easily lose that progress and endanger our hospitals again over the next two weeks," said MDHHS Director Robert Gordon. "At Thanksgiving, most Michiganders sacrificed and avoided family get-togethers. We need to do the same thing this holiday season. Then we can re-engage more activities sooner and more safely."

 The Dec. 18 Order from MDHHS includes the above Gathering Guidelines. Click on image for larger version. (Image courtesy Michigan Department of Health and Human Services.)

Indoor residential gatherings remain limited to 10 people and two households. MDHHS continues to urge families to avoid indoor gatherings or to pick a single other household to interact with consistent with guidance already released by the department. Families are encouraged to stay home this holiday season to maintain the positive momentum that has developed and to protect loved ones. Families are also encouraged to Mask Up, Mask Right, using new guidance for what masks to wear and how to wear them.**

Notes:

* Click here to see the Dec. 18 Power Point presentation.

** The video recording of the Dec. 18 press conference is available on Governor Whitmer's Facebook page here.

Residents concerned over City of Houghton proposed re-zoning along Canal Road; wetland, Cole's Creek to remain protected in R-1 zoning

By Michele Bourdieu

 

This photo illustrates the potential location of a large hotel that could be built on the Portage Canal along Canal Road in Houghton, should the present residential (R-1) zoning be changed to business (B-2) zoning, according to a rezoning proposal being considered by the City of Houghton. Such a construction project would be allowed by B-2 zoning, assuming all EPA requirements were followed since the area is on part of the Torch Lake Superfund site, next to the home of John and Bonnie Fodermaier, at right. (Photo taken from Hancock side of Canal © and courtesy John Fodermaier)

HOUGHTON -- Concerned local residents have recently raised objections to a proposed rezoning -- from single-family residential (R-1) to community business (B-2) -- of an area under the Torch Lake Superfund bordering on the Portage Canal and Canal Road in Houghton.

Proposed Ordinance 2020-314 to rezone this area was added to proposed Ordinance 2020-315 to rezone another parcel on Canal Road, near the UPPCO building, for the Isle Royale Seaplane Service. Residents have concerns about potential development on a Superfund site and about noise pollution from the plane, which now takes off from a site on Dollar Bay. The two proposals are being considered together.

New agreement protects wetland, Cole's Creek from rezoning

Before last Friday, Dec. 11, the proposed Ordinance 314 also included rezoning a wetland and area along Cole's Creek, a well known trout stream, near Canal Road. However, a Dec. 11 agreement between local resident John Fodermaier -- whose property is next to the wetland on the west and a potential development east of his home -- and owners of the adjacent properties, JRG Development and the Jukuri family, removes the wetland and Cole's Creek area, presently zoned R-1, from the rezoning proposal.

This panorama shows the wetland bordering John Fodermaier's property on the west side. It was certified as wetland under the Michigan Department of Environment, Great Lakes and Energy (EGLE), formerly DEQ. (Photo © and courtesy John Fodermaier)

 

Fodermaier said he was pleased with the removal of the wetlands and Cole's Creek from the proposed Ordinance 314.

 

"I'm looking forward to seeing what comes of this," Fodermaier said. "In the light of the fact that JRG excluded the wetlands -- including Cole's Creek -- from their rezoning request and added deed restrictions for the development, I have removed my opposition to proposed Ordinance 314," Fodermaier said this week. "I applaud JRG for listening to the concerns of the community on this important issue."

 

Here a part of the wetland borders the Portage Canal on the west side of John Fodermaier's property. (Photo by Keweenaw Now)

 

Bill Deephouse, former fisheries biologist, was also happy to hear about the recent agreement between Fodermaier and the Jukuris.

 

On Dec. 14, Deephouse told Keweenaw Now, "I'm pleased that there won't be a zoning change for the wetlands and Cole's Creek."

 

During the Dec. 2 Houghton City Council meeting, Deephouse had commented on the value of the creek as a trout stream.

"I think the proposal to rezone the area from the possible seaplane base near Old Mill Road down the shoreline to Cole's Creek is irresponsible," Deephouse told Keweenaw Now after that Dec. 2 meeting. "Cole's Creek was found to be an excellent stream with good numbers of rainbow trout, coho salmon, brook trout and a few brown trout. As I recall, we estimated that there were 4 year-classes of rainbows in one survey with good numbers of young-of-the-year brook trout. This stream is a natural hatchery and very valuable. The insect population and species composition indicates it is a stream of the highest order."

This photo, taken in May 2018, just before the Father's Day flood, shows Bill Deephouse smelt dipping at 7:30 in the morning on Cole's Creek. "Smelt dipping is usually done at night, often in the middle of the night -- at 2 or 3 in the morning," Deephouse said. "But they were running really heavy and stayed in the creek all night and I was there to catch some in the daytime." (Photo  Marcia Goodrich and courtesy Bill Deephouse)

Deephouse participated in surveys of Cole's Creek in the past to determine its quality as a Type 1 trout stream. However, since the 2018 flood, the creek has suffered damage to its fishery.

"I would have to resurvey the stream again to determine if it still contained the previous numbers and species of fish as found in the past," Deephouse said. "It sustained significant habitat damage and might take some time to return to its former status."

New public hearings to be scheduled for 314, 315

During the Nov. 17, 2020, meeting of the Houghton Planning Commission, following two public hearings to discuss proposed zoning ordinances 2020-314 and 2020-315, the Commission voted to recommend both ordinances to the Houghton City Council. At that time the wetland and Cole's Creek were still included in the 314 rezoning proposal.

Eric Waara, Houghton City Manager, told Keweenaw Now Tuesday, Dec. 15, that the public hearings on the proposed Ordinances 314 and 315 -- originally scheduled for Jan. 13, 2021 -- will now have to be re-scheduled because of the recent agreement to exclude the wetland and Cole's Creek from 314.

This map shows the area of the wetland and Cole's Creek (purple) that has been removed from the original proposed Ordinance 314 so that it may remain in R-1 (residential zoning). The yellow area is proposed to be rezoned from R-1 to B-2 (community business). Click on image for larger version. (Map courtesy City of Houghton)

"We may have a special Planning Commission meeting in early January to set the public hearing date -- and no more, no less (on the agenda)," Waara said. "That way we can public notice the hearings correctly." 

While that special meeting would have a limited agenda, the public is always welcome to make public comments on any issue during any meetings, he explained. Waara noted he wanted to make clear the distinction between a rezoning request and a proposal for a project. In other words, while a B-2 zoning allows certain types of development, it is not a permission to build something that may require specific permits or restrictions.

"There is a difference between a rezoning request and someone's proposal to do a project, and right now no one has proposed to do a project," Waara said. "This is a single rezoning request. That's all it is."

While the seaplane request was a separate rezoning request last year (It was a proposal to rezone from R-1 to Industrial, but failed), it is connected to the 314 request now; and both are requests to rezone to B-2.

"I'm assuming the owner of the Isle Royale Seaplane Service worked with his neighbors to come up with a mutually agreable and complementary rezoning request," Waara said.

Since the seaplane will be on federal waters, it will be subject to rules, regulations and permitting -- none of which have anything to do with the zoning there, he added.

Residents concerned about potential development to follow rezoning

Before the recent change in the proposed Ordinance 314, John Fodermaier had spoken at City of Houghton Planning Commission and City Council meetings on potential development that the B-2 zoning could allow near his house on Canal Road.

This photo shows John Fodermaier's house at far left and vegetable garden (needing sunshine) toward the center. The Portage Canal is in the background. Lines are drawn to show where a large hotel could be built near his property line if the area is rezoned. (Photo © and courtesy John Fodermaier)

During the Nov. 17 Planning Commission public hearing on proposed Ordinance 314, Fodermaier noted the property being proposed for rezoning included both a protected wetland and a Superfund site. He said he believed the uses that rezoning to B-2 would allow would be prohibited because of the protected status of the area. He also told the Commission that one cannot dig down more than 12 inches on his property without hitting water.*

During the Dec. 2, 2020, City Council meeting, Fodermaier spoke about his concerns that his property could be surrounded by a large hotel of an unspecified number of storeys, a parking lot, and other related businesses in what was intended to be a residential neighborhood when he and his wife, Bonnie, both graduates of Michigan Tech, moved to Houghton for retirement.

"This is an environmentally sensitive area that is also surrounded by R-1 and has existing R-1 single-family homes inside of it," Fodermaier told the Council on Dec. 2, noting this would probably be a bigger development than just a "mom and pop" 15-unit motel. "Think about a 10-storey Hyatt Regency, Marriott or Sheraton -- complete with a restaurant, bar and a 200-car parking lot. Think not about seasonal operation but an operation that's 24 hours a day, 7 days a week, 12 months of the year with boisterous restaurant patrons exiting at midnight or 2 a.m. on the weekends. Think about 300 to 400 more vehicles per day on Canal Road. Think about the excavation required for this type of structure in the hazardous material of the Superfund site. Think about potential encroachment on protected wetlands and Cole's Creek and think about the effect this could have on a Type 1 trout stream at Cole's Creek."

Zoning changes for Ordinances 314 and 315 were proposed at the Oct. 27, 2020, Planning Commission meeting. According to the minutes, "City Manager Waara presented a map of the parcel owned by JRG Development and the Jukuri family along with the area owned by Isle Royale Air on Houghton Canal Road. The owner of the JRG Development/Jukuri property is asking for a conditional rezoning from R1 to B-2 with conditions. The conditions are everything up to B-2 plus hotels, motels, and restaurants and taverns.

"The owner of the Isle Royale Air property is requesting rezoning from R-1 to Industrial with conditions to run a seaplane business."**

Since that meeting the seaplane business is being proposed for a zoning change to B-2 (see above).

Local residents on both sides of the canal are concerned about noise from the seaplane and about its potential impact on water activities on the Portage Canal.

This map and overlay shows potential impacts should proposed Ordinance 315 be adopted to allow the Isle Royale Seaplane Service to operate on the Portage Canal as illustrated. The overlay shows the projected float plane activity area, its proximity to established residential areas and existing recreational silent sports on the canal, which includes part of the Keweenaw Water Trail. (Map courtesy Jennifer Norkol)

Hancock residents Jennifer and John Norkol are among those expressing concerns about the Seaplane business during public comment periods at recent City of Houghton meetings.

"We oppose the proposed zoning changes in Ordinances 314 and 315 from R-1 to B-2," the Norkols told Keweenaw Now in an email Dec. 15. "We and our surrounding community use this waterway for fishing, kayaking, swimming and boating. We live on the lake directly across from this site at 1404 Jasberg Street in Hancock. The noise, increased marine traffic and congestion these planes would cause is of grave concern to us. The Federal Aviation Agency (FAA) defines Seaplane businesses as Airports. We strongly object to the introduction of an Airport in what is currently a residential and recreational area. The City of Houghton planning commission was, in part, to consider if the land use will not be detrimental to the neighborhood or public health and welfare. We believe the Seaplane business relocating to this area to be a detriment on many levels -- to the peace of neighborhood and waterway, lower property value due to increased noise and nuisance, and safety issues with common fishing, boating, (tubing, waterskiing, swimming) and kayaking. These changes now include commercial construction on the adjoining parcel, further impacting the environment.

"We appreciate that the City of Houghton is not under any obligation to act on our behalf as residents of the City of Hancock, specifically the lakefront homes directly across from the proposed site; but as part of a larger community that will be impacted by these proposed changes, we sincerely hope that they will." 

This map of the proposed location for the Isle Royale Seaplane Service shows the area to be changed from R-1 to B-2 zoning if Ordinance 315 is adopted. (Map courtesy City of Houghton) 

The Norkols added their concern about potential pollution from development on the 314 parcel, but for them the Seaplane business poses a greater potential impact on their property value and peace.

Ordinance 314 parcel under Superfund regulations

The proposed Ordinance 314 parcel includes part of the Torch Lake Superfund site. It contains mining waste from the former Michigan Smelter, which operated from the early 1900s to 1948.

This aerial view shows the area of the Michigan Smelter site under the Torch Lake Superfund. The light grey, striped area marks the covered tailings. This area appears to include the area proposed for rezoning to B-2 under Ordinance 314. (Screenshot from EPA Fact Sheet, August 2012)

The mining waste (contaminated tailings) at the various Torch Lake Superfund sites received a soil and vegetative cover to prevent inhalation or contact with contaminants and to reduce erosion of these contaminants into the lake. A 1992 Record of Decision from EPA (Environmental Protection Agency) required deed restrictions to ensure that mine tailings and/or slag material are ultimately re-vegetated after any activity which disturbs the soil cover. Any construction on this site would have this requirement to prevent heavy metals and other contaminants still in the slag from escaping into the air and water. If disturbance occurs, the owner must replace the soil and repair the vegetative cover.***

John Slivon, a concerned Hancock resident, commented on the potential for dangerous air pollution should construction in the area of the proposed Ordinance 314 disturb the Superfund cover.

"The Houghton Superfund site where the construction of a hotel is being planned is, in my opinion, a misguided idea," Slivon told Keweenaw Now. "The Superfund site requires being covered to keep the dangerous material at that site from polluting the air downwind of the site. Construction at that site will result in removing the protective cap and the creation of enormous quantities of contaminated dust blowing into downtown Hancock and Houghton.

"The residential areas of both cities are a scant half mile from the proposed (314) site and directly downwind in the summer, when construction will take place. These downwind areas can't avoid being contaminated by that dust, and the contamination will become a permanent feature in and on the soil of those areas downwind of the construction site. The contaminated dust will almost certainly blow onto the Chutes and Ladders playground. Is the City of Houghton unaware of the dangers that it wishes to inflict on the health of the residents and visitors of Hancock and Houghton?

"While it may seem as if I am over-reacting to this potential opening of the Superfund cap, everyone should be aware that air pollution caused lung disease is the fifth leading cause of death in the U.S. We have done a very good job of cleaning up the air in this area by capping those sites that were most contaminated, thus making it a safer place to live. Why ruin all that progress? We should at least know what's in that contaminated soil before blowing it across our cities. If that soil is at all toxic, then this hotel-on-a-Superfund-site-idea should be abandoned."

According to EPA, the remediation of the Michigan Smelter area was completed in 2003. Although it was deleted from the National Priorities List, this area has not been delisted from Superfund. Landowners must be responsible in protecting the soil and vegetative cover. EPA Region 5 in Chicago partners with EGLE (Michigan Environment, Great Lakes and Energy) in conducting Superfund site visits and in reporting on the  status of remediation every five years.***

Notes:

* See Minutes for Nov. 17, 2020, Houghton Planning Commission.

** See Minutes for Oct. 27, 2020, Houghton Planning Commission.

*** See the EPA's Fourth Five-Year Report for the Torch Lake Superfund Site, Houghton County, Michigan.

Editor's Note: Keweenaw Now attempted to contact EGLE staff and EPA for more details on the contaminants under the Superfund cover in the 314 area. EPA replied they would communicate on this at a later date. EGLE staff did not yet answer calls. Watch for a follow-up story on this issue.

BREAKING NEWS: U.S. Supreme Court denies Texas's attempt to overturn election results in Michigan, 3 other states

LANSING -- Michigan Attorney General Dana Nessel issued the following comment Friday evening, Dec. 11, after the U.S. Supreme Court declined to hear a case filed by Texas to invalidate the results of the Nov. 3 general election in Michigan, Georgia, Pennsylvania and Wisconsin:

"Today’s Supreme Court decision is an important reminder that we are a nation of laws, and though some may bend to the desire of a single individual, the courts will not. To the people of the State of Michigan, it was a great honor to appear at our country’s highest court on your behalf to ensure that your voice was heard and that your votes were counted. Now it’s time to move forward -- not as separate states, red or blue -- but as united states in the continuing pursuit of a more perfect union."

Inset photo: Michigan Attorney General Dana Nessel. (Photo courtesy michigan.gov)

Editor's Note: See "UPDATED: AG Nessel files Michigan's response to Texas's election lawsuit in SCOTUS."

UPDATED: AG Nessel files Michigan's response to Texas's election lawsuit in SCOTUS

Michigan Attorney General Dana Nessel. (Photo courtesy michigan.gov)

LANSING -- On Thursday, Dec. 10, Michigan Attorney General Dana Nessel filed with the U.S. Supreme Court her response to Texas Attorney General Ken Paxton’s lawsuit, which seeks to overturn the election results in Michigan and several other battleground states.

In her response, Nessel notes that the challenge by Texas is "an unprecedented one, without factual foundation and without a valid legal basis."

Part of the jurisdictional flaw with this lawsuit is Texas’s end-around to the country’s traditional judicial process by filing its complaint directly with the U.S. Supreme Court.

"The base of Texas’s claims rests on an assertion that Michigan has violated its own election laws. Not true," Nessel's filing states. "That claim has been repeatedly rejected in the federal and state courts in Michigan, and just yesterday the Michigan Supreme Court rejected a last-ditch effort to request an audit. Not only is the complaint here meritless, but its jurisdictional flaws abound and provide solid ground to dispose of this action."

Along with Michigan, Pennsylvania, Georgia and Wisconsin were listed as defendants in the suit. All the defendant states had claims similar to those noted in Texas’s complaint brought in their respective federal and state appellate courts, and those claims have been soundly and summarily rejected.  

"Trump and his ambassadors -- like the Texas Attorney General -- have used our court system to wage a disinformation campaign baselessly attacking the integrity of our election system. In addition to just spreading falsehoods on social media platforms, through media channels, and from seats positioned before our state legislatures, they’ve now done so at our country’s highest court," Nessel said. "I am confident the Supreme Court will reject Texas’s bid to disenfranchise millions of Michigan voters and I am proud to represent the people of my state in defense of the very essence of our core democratic values. Michigan voters will decide the outcome of their elections, not Texas politicians."

False claims made against election officials in Michigan have varied from prohibiting Republican poll challengers from monitoring the counting of votes, to the legality of mail-in ballots cast and election fraud.

President Donald Trump has expressed his intent to intervene in Texas’s lawsuit, while several Republican state attorneys general have filed amicus briefs in support of Texas.
 
The case is just one of many that have been filed following the Nov. 3 general election disputing the results that gave Democratic President-elect Joe Biden a resounding victory over Republican President Trump.

ELECTION LITIGATION UPDATE:

• Johnson et al v Whitmer et al: The Michigan Supreme Court on Wednesday denied a motion for leave in the case, which asked the Court to allow election results to be provided to the Legislature so that it could conduct an audit.
  
• Bailey v Antrim County: UPDATED Dec. 11: Michigan Department of Attorney General Communications Director Kelly Rossman-McKinney today issued the following statement on this case: "On Wednesday, the Michigan Department of Attorney General filed a motion to intervene on behalf of Secretary of State Jocelyn Benson in Bailey v Antrim County, currently before 13th Circuit Court Judge Kevin A. Elsenheimer. Judge Elsenheimer granted the motion following a hearing yesterday (Dec. 10). During that hearing, the plaintiff’s attorney indicated that the results of the inspection of the Antrim County tabulator being conducted by the plaintiff and his agents has not been completed. Therefore, NO information regarding the inspection has been made available to Judge Elsenheimer, Secretary Benson or the Department of Attorney General Dana Nessel. Further, this information is already subject to a protective order issued by Judge Elsenheimer."
• Dar Leaf et al v Whitmer et al: The U.S. District Court for the Western District of Michigan on Monday denied a motion for a temporary restraining order filed by plaintiffs in the suit that alleged, without any evidence, widespread election fraud. Judge Robert Jonker, in his opinion, wrote: "Plaintiffs’ applications invite the Court to make speculative leaps toward a hazy and nebulous inference that there has been numerous instances of election fraud and that Defendants are destroying the evidence. There is simply nothing of record to infer as much, much less conclude that irreparable injury will occur before the defendants can be heard."
• Constantino et al v City of Detroit et al: After their appeal to the Michigan Court of Appeals was denied, plaintiffs appealed to the Michigan Supreme Court. This appeal was denied on November 23 and remains pending before the state court. This suit alleges a "litany of errors" in the processing of ballots at the TCF Center.
• King et al v Benson et al: The district court denied a motion for injunctive relief on Monday, December 7. The plaintiffs allege the same list of irregularities in the City of Detroit’s election as in the Constantino case.

Click here to view a copy of Attorney General Nessel’s response to the Texas lawsuit.

Editor's Note:  Meanwhile, according to 9 and 10 news, Michigan US Congressmen Jack Bergman, 1st District, and Tim Walberg, 7th District, reportedly say they will support the Texas lawsuit against our Michigan election results. See "Bergman, Walberg Support Texas Election Lawsuit."

See also our Nov. 25, 2020, article, "Michigan Board of State Canvassers certifies state voting results with hours of public comment; GSA acknowledges Biden victory."

MDHHS extends epidemic order 12 days to ensure COVID-19 surge is stabilizing

MDHHS Director Robert Gordon speaks at a Dec. 7, 2020, press conference on COVID-19 in Michigan. Gov. Gretchen Whitmer, pictured in background, and MDHHS Chief Medical Executive Dr. Joneigh Khaldun also spoke. (Photo courtesy Michigan Executive Office of the Governor)

LANSING -- The Michigan Department of Health and Human Services (MDHHS) has extended by 12 days the epidemic order that restricts indoor social gatherings and other group activities. The additional 12 days will allow the department to determine the full impact of the Thanksgiving holiday on the spread of COVID-19 across Michigan.

Under the Dec. 7 order, MDHHS continues to urge families to avoid indoor gatherings; and only two households may gather inside, with strict protocols recommended. Individuals should wear masks consistently whenever they are inside with individuals not in their household, and are recommended to pick only a small group to see regularly. Bars and restaurants must remain closed for dine-in service, but can remain open for outdoor dining, carry-out and delivery. Gyms are open for individual exercise with mandatory masking and additional strict safety measures. Casinos, movie theaters and group exercise classes remain closed. Professional and college sports meeting extraordinary standards for risk mitigation may continue without spectators. Colleges, universities and high schools will continue with remote learning, with no in-person classes.

"Hope is on the horizon, but we need an additional 12 days to determine the full impact of the Thanksgiving holiday on our efforts to mitigate the spread of the virus," said Gov. Gretchen Whitmer. "This is all about protecting our families and frontline workers until we eradicate this virus once and for all. With recent daily case counts averaging well above 6,000, the daily death toll at alarming levels and the risk of hospitals becoming overwhelmed, we must work together as Michiganders and listen to our health experts. This may be the most difficult time yet in our struggle with COVID-19, but there is light at the end of the tunnel."

The order will keep existing measures in place through Dec. 20 and does not include a blanket stay-home action. Employees who work in jobs that cannot be performed from home can continue to go to work, including those in manufacturing, construction and health occupations. Outdoor gatherings, outdoor dining and parks remain open. Individualized activities with distancing and face masks are still allowed: retail shopping; public transit; restaurant takeout; personal-care services such as haircuts, by appointment; and individualized exercise at a gym, with extra spacing between machines.

"We each have a personal responsibility to wear a mask consistently and minimize indoor gatherings, so we can protect our frontline heroes and loved ones," said MDHHS Director Robert Gordon. "If we don’t, the disease will continue to spread and people will continue to get sick and die."

Click here for the Dec. 7 COVID-19 UPDATE Power Point presentation.

A video of the Dec. 7 press conference is available on Governor Whitmer's Facebook page here.

Guest Article: Line 5 and Market Realities

By Gene Champagne*

Recently I was listening to the public comments being offered to the Michigan Dept. of Environment, Great Lakes, and Energy (EGLE) regarding the proposed Line 5 tunnel project in the Straits of Mackinac. I was not planning on offering my own public comment until I heard a Dickinson County Commissioner comment that regurgitated refrain that resembles comments from our UP state house and senate representatives, many county officials and economic development gurus. Their statements are straight from the Enbridge public relations subterfuge. Enbridge is a foreign company that stands to profit immensely from the continuation of Line 5, tunnel or not.

The misinformed refrain goes something like this: "We need Line 5 and this tunnel because many UP residents rely on propane for cooking and winter heat. If Line 5 is discontinued propane prices will skyrocket and many residents will not be able to pay for it. Without it UP residents will be in danger of losing their only source of winter heat. Many UP residents are elderly and live on fixed incomes."

Well, I am a senior citizen living on a fixed income. I live in Big Bay and have a camp in Grand Marais. I rely solely upon propane at both properties. Unlike our local and other UP "leaders," I actually did my homework rather than taking the easy way out by repeating a refrain that may not be true.

I contacted the propane suppliers for both residences to inquire about supplies and storage, both at their end and mine. Their responses were nearly identical. Both companies have responded to market conditions, especially since the polar vortex of 2014. They have added storage and have been contracting to receive their supplies from a differing number of sources including Kinross, Lansing, and various Wisconsin locales including Superior. They do receive some supplies from the Rapid River fractionator that is supplied by Line 5, but it is nothing they depend upon. I was assured by both company representatives that a disruption of propane from Line 5, whether by accident, policy/political decisions, or market disruptions would not affect my propane supply in a negative way. Prices could rise slightly, but nothing severe. My current propane bill reflects no dramatic change that I would notice.

These pricing facts confirm the estimation made by Plains Midstream representative Luc Mageau at the Upper Peninsula Energy Task Force meeting in Hancock on September 20, 2019, in Hancock. Plains Midstream is a Canadian company that owns the oil, along with the Rapid River fractionator and Kinross storage facility. Enbridge is the pipeline owner that transports the oil. At the task force meeting Mr. Mageau, in my opinion, did not seem to care who or how the oil was moved, as long as his company was paid for it.**

I mentioned this information to a friend from the Copper Country. She took it upon herself to ask the same questions of her propane supplier and received the same answers. She then called a second supplier to confirm consistency of fact and received the same answer.

Our propane suppliers in the UP have adapted to market conditions and made the necessary adjustments to ensure reliable service and delivery of propane to their customers. I find it insulting that our "leaders" disparage our small business UP propane suppliers by continuing this false narrative. Our propane suppliers understand the needs of their customers and the vagaries of the propane market and have responded in a responsible manner. Our "leaders" need to do their jobs, get the facts, and start representing the people of the UP again instead of a foreign company with a pot of money for glossy full page newspaper ads, speaking fees, and campaign contributions.

I also received additional information that came from one supplier I contacted. It was confirmed by the second supplier. The Rapid River facility was shut down for an inordinate amount of time this summer, much longer than the normal spring maintenance shutdown. When questioned on this bit of information I had come across, I was told by one supplier the product had been bought up by a different entity(ies) to ship to the eastern coast of Canada for export to overseas markets (mostly Asian). This is where Enbridge realizes its maximum profit, not from UP propane. The UP and Michigan is just a short cut to the maritime provinces of Canada. When those markets dry up, Enbridge could very possibly bail. Enbridge has also diversified into renewables in major way. They understand market economies. Perhaps our "leaders," many of whom profess belief in the free market system, could use a refresher course.

I began this letter sometime after the county commissioner’s comments. As I finish it, Governor Whitmer, along with Michigan Attorney General Nessel, have announced orders to shut down the portion of Line 5 that currently is active in the Straits of Mackinac. I can already hear the whining and screams of pending disaster being blamed on "radical environmental agendas from leftist socialists." This whining that emanates from the misinformed ignores capitalist market economies and the resourcefulness our small business owners here in the UP.

It is too bad that much of the posturing comes from our “leaders”. We need leaders who actually lead, not follow. Leaders should take us cautiously, yet bravely into the future of possibilities that comes with newer 21st century technology. Real leaders do not keep us mired in the past, especially when small businesses are moving on based upon market fluctuations.  Blindly repeating the refrain of a foreign company, who could give a hoot about UP propane users, is a disservice to the citizens of the UP and the State of Michigan.

I have not named the companies that I spoke of in this article. At the time I spoke with them I did so as a customer. They answered my questions honestly as a part of their customer service policy. I did not anticipate at that time that this information would find itself going out to a public audience. There are probably some propane dealers in the UP who have not adjusted to possible market conditions and fluctuations. Hopefully, they can transition or be assisted in that transition. A capitalist market based economy will most always be the final decision maker regardless of political posturing. Regardless of repeated falsehoods and wishful thinking, the market will have its way. 

I am sure that there are a few other "wrinkles" that will need to get worked with this transition in propane procurement. That is what leadership is about and what they should be doing, not repeating sound bites from those who stand to profit temporarily at the long term expense of UP residents.

I would suggest that propane users, anyone seriously interested in the future of the UP, along with our "leaders" do not take my word for it. Call your propane dealer. How hard is that?***

Inset photo: Gene Champagne. (Photo courtesy Gene Champagne)

Editor's Notes:

* Guest author Gene Champagne is a resident of Big Bay and Grand Marais, Michigan.

** The video recording of the UP Energy Task Force September 20, 2019, meeting is available on YouTube here via the UP Energy Task Force Web site. Luc Mageau of Plains Midstream speaks toward the beginning of the meeting, at about 15 minutes. Gene Champagne speaks during the public comment period toward the end of the meeting, at about 3 hours and 16 minutes in the video. 

*** The UP Energy Task Force completed its study on propane supply April 17, 2020. See the "Upper Peninsula Energy Task Force Committee Recommendations Part I -- Propane Supply."

The US Army Corps of Engineers will hold a public hearing tomorrow, Dec. 7, on the proposed Line 5 tunnel. See: "US Army Corps of Engineers to hold online Public Hearing on Enbridge proposed Line 5 tunnel Dec. 7."

Enbridge agrees to extend EGLE review period for NPDES, bottomlands and wetlands permit applications

This slide showing potential wetland impacts from the proposed Line 5 tunnel construction is part of EGLE's presentation during their Sept. 21, 2020, Public Information Session on Enbridge's bottomlands and wetlands permit application. The recording of this session is on You Tube here.

LANSING -- The Michigan Department of Environment, Great Lakes, and Energy (EGLE) announced recently that its review of Enbridge Energy’s permit applications to build a utility tunnel under the Straits of Mackinac and relocate the Line 5 oil pipeline has been extended until January 2021.

Enbridge has agreed to extend the timeline for EGLE’s review of the proposed project’s National Pollutant Discharge Elimination System Wastewater Permit (NPDES), bottomlands and wetlands permit applications so EGLE can more thoroughly consider the large volume of public comments, technical information, and recommendations from the State Historic Preservation Office. EGLE had previously expected to reach a decision on the applications during the first week of December 2020.

Under Michigan law, EGLE is the regulatory agency responsible for environmental permitting for the tunnel project, while the Michigan Public Service Commission (MPSC) has siting authority for pipelines that carry crude oil and petroleum products. Enbridge has sought authority from the MPSC to relocate a segment of Line 5 to a proposed tunnel and that matter is the subject of a contested case hearing that is expected to be ruled on in the summer of 2021.

As part of the effort to keep the public informed, EGLE has also partnered with the MPSC and MDOT’s Mackinac Straits Corridor Authority on the state’s Line 5 in Michigan website. The links to video recordings of information meetings and public hearings on the EGLE permits held in September and October are also available on this Line 5 website.

US Army Corps of Engineers to hold online Public Hearing on Enbridge proposed Line 5 tunnel Dec. 7

Enbridge Line 5 Tunnel figure illustrating tunnel construction, TBM retrieval and pipeline installation. Click here for a more detailed photo by Emily Schaefer. (Image courtesy US Army Corps of Engineers Detroit District)

DETROIT -- The U.S. Army Corps of Engineers will hold an online public hearing from 1 p.m.- 4 p.m. Monday, December 7, 2020, to gather public comments on a permit request for a proposed Enbridge Line 5 pipeline tunnel under the Straits of Mackinac.

The online hearing and written comment period provide a second opportunity for the public to provide information for consideration in evaluating Enbridge Energy, Limited Partnership’s permit application to construct a pipeline tunnel under the bed of Lake Michigan. Written comments are being accepted through December 17, 2020. The Corps’ initial public notice was issued May 15, 2020, and that comment period ended July 14, 2020.

A tunnel constructed under the Straits of Mackinac requires a Corps permit, and the Corps is reviewing the application under the authority of Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

The public hearing purpose is to acquire information which will be considered in evaluating the permit application and to afford the public an opportunity to present their views, opinions and information on the proposed permit action. Positive or negative comments about the project may be submitted. All written responses must refer to file number LRE-2010-00463-56-A19. 

"The Corps will consider all comments presented orally during the December 7 hearing or received in writing through the December 17 deadline," said Regulatory Project Manager Katie Otanez.

The Corps will host the hearing through an electronic platform and by telephone. Participants may join the hearing using both audio and web connections or using audio only. Participants who wish to speak will have three minutes to comment. Those who pre-register by email to Line_5_LRE@usace.army.mil prior to December 7, 2020, will be called to comment first, followed by those who request to comment during the hearing. If time allows, commenters may supplement their initial comments for one additional three-minute period.

Pre-registration for the online hearing is not required, but Corps officials are requesting anyone wanting to attend email Line_5_LRE@usace.army.mil. The email should include the following:

-- Participant’s name
-- Organization (if any)
-- If they wish to comment at the hearing.

Those not pre-registering will have an opportunity to comment.

Public hearing attendance is not required to submit written comments -- they can be emailed to Line_5_LRE@usace.army.mil or submitted in writing, and postmarked by December 17, 2020, to:

Kerrie E. Kuhne
Chief, Permit Evaluation Western Branch
Regulatory Office
Corps of Engineers, Detroit District
477 Michigan Avenue
Detroit, Michigan 48226-2550

The Corps has not yet prepared an environmental assessment or environmental impact statement. The online public hearing will be held in accordance with the procedures in 33 CFR part 327.

The web and teleconference begins at 1 p.m. Eastern Time on December 07, 2020. You may join the conference 10 minutes prior to 1 p.m.

Step 1: Dial into the conference:
Dial-in: 888-251-2949 or 215-861-0694
Access Code: 6278042#

Need an international dial-in number? https://www.teleconference.att.com/servlet/glbAccess?process=1&accessNumber=8882512949&accessCode=6278042

Or:
 
Step 2: Join the conference on your computer via this link: https://ems8.intellor.com/login/835257

When you access the entry link above, you will be provided a choice -- to install the WebEx plug-in for your preferred browser or to join the web conference using a temporary path. Either option is acceptable.

Need technical assistance?
Audio Connection: 1-888-796-6118 or 1-847-562-7015
Web Connection: 1-888-793-6118

Any comments received will be considered in the Corps’ determination on whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and other public interest factors. Comments are used in the preparation of an environmental assessment, environmental impact statement or both, pursuant to the National Environmental Policy Act. Comments are also used to determine whether the activity is contrary to the overall public interest.

The existing Enbridge Line 5 pipeline was constructed in 1953 to transport crude oil and natural gas liquids. Line 5 is 645 miles long in total, and transports products from Superior, Wisconsin to Sarnia, Ontario, Canada.

For a detailed project description see the Public Notice of May 15, 2020.

Editor's Note: For background see our July 8, 2020, article, "UPDATED: US Army Corps of Engineers seeks public comment on Enbridge permit application for proposed tunnel under Mackinac Straits; deadline extended to July 14."