BERRIEN COUNTY COMMISSION UPDATE

By DEBRA HAIGHT

ST. JOSEPH – Public opposition to mask mandates continue to be a topic before the Berrien County Board of Commissioners. In addition to more public comment on the subject at last week’s meeting, commissioners also heard economic development reports on Twin Cities harbor sustainability and the area labor force.

People have continued to protest and object to the mask mandate for all educational institutions that the Berrien County Health Department ordered on Sept. 1. That order went into effect Sept. 6 and is authorized under the state’s public health code.

A statement released on behalf of the county board last Wednesday didn’t sit well with the people attending the county board’s weekly meeting on Thursday.

In the statement released Wednesday, commissioners said they had been advised by counsel and also consulted with neighboring counties and concluded that they have no legal authority to intervene in the Public Health Order issued Sept. 1. They further stated that they cannot legally remove the county health officer or seek to defund the department.

Residents speaking at last week’s county board meeting disagreed.

Aimee Foster of Berrien County Parents for School Freedom asked county commissioners to step up. “This is your moment, please stop saying you’re powerless, be creative and find a way to solve this crisis,” she said. “Where are your lawyers, what is their agenda, why are they giving you bad advice?”

Robert Donarski of Stevensville was among those talking about the negative impact masks are having on kids. He said his daughter had to use her emergency inhaler during class because she couldn’t breathe. “We as parents are obligated to act and so do you,” he said. “State code prohibits mechanical restraints and that include masks negatively impacting breathing.”

St. Joseph resident Luke Andresen has protested at area schools and area school board meetings in recent weeks. “I think we’re kind of done trying to convince you,” he said. “We’re peaceful, freedom loving people but right now we’re not living under the rule of law … We’re not asking but demanding our rights. This is mask lunacy and you are all participating in it.”

Claudette Cordes of St. Joseph asked commissioners to come up with some sort of compromise. She suggested that students be allowed to take off masks periodically during the day. “I haven’t seen any scientific study showing that masks work,” she said. “It’s like trying to stop a mosquito with a chain link fence.”

County Board Chairman McKinley Elliott responded to some of the concerns raised as he explained why commissioners weren’t going to vote to rescind an August resolution supporting the health department or on a vote of no confidence for the county health officer.

“Last Thursday we heard there might be a lawsuit against the county and then we found there actually was,” he said. “As is standard procedure, the attorneys tell us we can’t talk about the lawsuit, its merits or comment good or bad. That impacted both of these matters.”

“There are laws we don’t like and things that happen that we don’t like,” he added. “I can assure you that every person around this table are in contact with the people in Lansing. They are the lawmakers and the ones who can change the law. There is a unique provision in the health code that gives the state a very long arm to reach into the county. That’s something we can’t change but the legislature can change.”

He acknowledged people’s frustrations and told them that they all have legal standing to get redress if they feel like the county health department has broken the law. “We are the lightning rod for a year and half of frustrations over shutdowns and masking,” he said. “I wish we could more than receive comments, but we are muzzled by the lawsuit.”

In a Committee of the Whole session before the regular meeting, commissioners heard reports from Community Development Director Dan Fette giving a harbor update and Kinexus Vice-President Al Pscholka on the current labor situation.

Fette reported that officials from three municipalities around the Twin Cities harbor area have been meeting to look at ways to move forward. Those municipalities are the cities of Benton Harbor and St. Joseph and St. Joseph Township.

Steps already undertaken and completed include agreeing to the formation of a Working Group, its purpose and its membership; appointing members to the Working Group; and conducting an investigation on what type of governance options are available for the governing body formed.

Fette said the next step is for the Working Group to come to a consensus on a governance option and presenting that option to all three municipal boards by Oct. 1. The three board would then vote on that proposal at a later date.

The coalition formed would have a limited number of powers such as sponsoring the annual federal dredging of the commercial harbor, prepare plans and permits for river dredging, apply for federal grants to carry out the dredging, prepare maritime safety plans and waterfront management plans and finally to review and provide advice for water related development proposals.

Pscholka gave a summer labor market overview for Berrien County and Southwest Michigan. He reported that the labor force continues to bounce back and grow from the onset of the pandemic. The number of people employed in June 2021 is still 3.5 percent below June 2019 levels.

He said the regional labor force grew from May to June of this year, albeit at a slower rate that anticipated. “Any labor force growth is good but this wasn’t as positive as it appears,” he said.

On the positive side, he said the Berrien-Cass-Van Buren region is faring better than the state as a whole economically. Labor force grown was only down 3.1 percent from two years ago. While the region’s unemployment rate is higher than the state’s, the region also has a higher labor force participation and less people are filing for unemployment.

Pscholka said the region continues to see increases month over month in unique job postings of 90 days or less. As for the various sectors, the manufacturing and healthcare sectors continue to see a decline in growth. The healthcare sector has been especially hard hit with the Delta variant rising, with hospitals running out of beds and staff quitting.

Sectors that have seen growth include transportation and warehousing, finance and insurance, construction and professional and technical services.

Pscholka also reported on the metropolitan statistical area issue. The federal government had proposed changes that would have taken away the Benton Harbor-Niles area designation and resulted in the loss of economic development data and resources. He said the federal government has reversed its position and will not eliminate that designation.

State and federal budget bills under consideration will likely result in more dollars being spent on everything from infrastructure to education, he said.