Town Cannot Legally Waive Food Pantry Water/Utilities Bill; Makes Appeal For Help

At the January 2022 Town Council meeting Whitehall Food Pantry volunteers Cara Sacry and Konnie Smith requested that the pantry’s water/utility bill be waived, as the organization is a non-profit entity and the building is used only once a month for a few hours. Mayor Mary Janacaro-Hensleigh recommended to the Town Council to charge $1 per year, as the Whitehall Community Library and Whitehall General Store have this same arrangement. However, after the meeting, it was discovered that this arrangement is illegal and could ultimately affect the Town’s ability to get grant funding and state monies in the future.

“Legally, we are not able to give any sort of waiver to anyone,” Kory Klapan, Town Public Work Director, said. “If we were to get audited, this is against state and Federal law.”

Klapan, Town Treasurer Allissa Christensen, and the Mayor spoke with the Ledger after the meeting and said that while their hearts were in the right place, legally it cannot be done. This discovery could also open a “Pandora’s Box” for the entities who already receive a waive, though the Town Attorney is looking into those ramifications, as both buildings are town-owned.

“We thought we could, but we can’t,” Christensen said. Klapan noted that while Northwestern Energy, for example, is able to donate a non-profit’s power to them, the town cannot because the funds are taxpayer’s, not the Town’s.

Janacaro-Hensleigh, Christensen, and Klapan are hoping that the community will come together and possibly offer to pay for the Food Pantry’s utilities, as the service does so much for the community. The Pantry was given funds to build the building by an anonymous donor, but those funds are not intended to be used towards utilities, but instead towards food supplies for those in need.

Christensen said the Food Pantry’s bill is $74 per month or about $900 per year. If anyone is interested in assisting with these bills, payments may be made at the Town Hall and Treasurer's receipt will be given, making the payment tax-deductible.