Council split on the subject
By TRACI L. WEISENBACH
For The Advertiser
SEBEWAING — The question of whether local charitable organizations can legally stand in the roadway to collect donations has come up again at recent council meetings here. The council – with multiple split votes – ultimately decided to allow the fundraisers to take place in the roadway again this spring.
The first one – a Tootsie Roll drive – will take place from 7:30 a.m. to 6 p.m. April 11 and 12 by the Knights of Columbus. The other – a White Cane drive – will take place from 7:30 a.m. to 6 p.m. April 25 and 26 by the Lions Club. Both will take place at the corner of Sebewaing Road and Beck Street.
At the first council meeting in March, council voted 5 to 1 (with one member absent) on two different motions to allow the two organizations to have the fundraisers, even though no amendment has been approved by the state legislature to make the current law (Public Act 300 of 1949) clearer regarding the legality of such fundraisers.
During these two votes in early March, council member Justin Tietz was the only person to cast the “no” votes.
Representatives from the local organizations told council the current law does not specifically make it illegal for their organizations to collect donations in a public roadway. They said they have their own liability insurance in case of an accident occurring. Some representatives questioned the need to ask the council’s permission to have the fundraisers in the first place.
Huron County Commissioner Jeremy Tietz said the current law has “so much gray area.”
“It’s a matter of wordage,” he said.
He said the council should vote yes on allowing such fundraisers because they are for good causes. He also noted no other local municipality in Huron County is disallowing such fundraisers, with the exception of Bad Axe.
At this early March meeting, mention was made of House Bill 4916, introduced last summer by state Rep. Terry Brown, D-Pigeon. This bill seeks to amend 1949 PA 300 by stating, “A local unit of government, by resolution, may authorize employees and volunteers of a charitable organization to conduct fundraising activities within the improved portion of a street or highway that is within the improved portion of a street or highway that is within the jurisdiction of that local unit of government.”
The bill also states a village council’s resolution would need to specify the name of the charitable organization, the dates and times and the locations at which those fundraising activities can take place.
The bill also notes “charitable organization” means an entity organized under section 501C(3) of the Internal Revenue Code.
According to an analysis by the House Fiscal Agency, the bill is permissive; it allows local governmental units to take action, but does not mandate it.
The bill has been referred to the Committee on Transportation and Infrastructure.
During the second council meeting in March, the issue came up again. This is because council members heard from the village’s insurance carrier, who said the village would be liable for any accident that may occur, regardless of whether a fundraising group has its own insurance.
For each of the two previously-approved fundraisers, a motion was made to rescind the motion allowing the fundraiser to take place in the roadway. Three voted yes and three voted no on each motion to rescind, with one member absent.
Because of the evenly split votes, both motions to rescind failed. Therefore, the requested fundraisers will be allowed to take place in the roadway.
The three council members who supported rescinding the earlier motion included Don Beers, Vicky Kindler and Justin Tietz. The three who voted no were Sami Khoury, Alex Khoury and Larry Heider.
Last spring, council members heard from the Michigan Department of Transportation that PA 300, as currently written, makes it illegal for people to collect donations while standing in a public roadway. If a local unit of government allows such fundraisers, it is thereby breaking the law and is liable for any accident that could occur. After hearing this, council members voted in April to allow the requested local charitable fundraisers, as long as they did not take place in the roadway. In May, after receiving concerns from several local citizens, the council unanimously changed its mind and allowed the fundraisers to take place in the roadway – at least, for the time being. They wanted the state legislature to take action on the matter so the state law would be clearer about local units of government being able to allow charitable fundraisers in public roadways.
Last summer, council voted to send letters to local organizations to remind them about the law, stating the organizations would need to find another means of collecting donations. Village President Sami Khoury, though, voted no on this motion. He didn’t think letters should be sent because he didn’t think the council should enforce a law that was so vaguely written.
In other business during council meetings this month, council members:
*Approved the 2014-15 village budgets, including the general operating fund. This budget includes revenues and expenditures totaling $737,618. This figure includes an amended police department budget of $319,430, which allows for the purchase of a police vehicle to replace an older vehicle that’s currently in use.
* Okayed the 2014-15 Light and Water budgets for the internet fund ($714,750); electric fund ($4.2 million); and water fund ($745,650).
*Approved keeping the village operating millage at 10.6894 mills and the street millage at 3.8620 mills.
*Okayed a bid from Calix for $92,342 for Fiber-to-the-Home (FTTH) equipment and installation, including a portion of the headend equipment and customer premise equipment. Calix is a global provider of broadband communications access systems and software and is used by many rural areas around the U.S. that have FTTH projects, according to the Sebewaing Light and Water Department.
* Accepted a $20,000 bid from the Village of Pigeon for a 1996 Ford dump truck. This is for the truck and a plow.
* Approved a 1 ? percent increase in village employee wages, effective in April.
* Okayed a $50,070 bid from the Michigan Municipal League for property and liability insurance. This covers the village and the Light and Water Department for 2014.
*Approved the purchase of wire, pipe and transformers for the Light and Water Department at a cost not to exceed $56,000.
* Heard from Jeremy Tietz that wind turbines brought $545,000 in tax revenue for Huron County for the fiscal year 2013. This information had been requested by a council member.