INSIDE THIS WEEK
Pink and Green events expand beyond football this year
Pentwater Township residents voice concern over proposed property purchase Page 3a
Page 3b
Thursday, August 20, 2015
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Hart tabs Jason Hernandez, former OV wrestling coach, as new AD Page 3b
Sheriff’s office denies allegations it violated City agrees to $1 sale a Muslim-American woman’s civil rights By John Cavanagh Herald-Journal Writer
A complete denial was made of nearly all allegations raised in a federal lawsuit against the Oceana County Sheriff’s Office by a Muslim-American woman claiming her civil rights were violated following a traffic arrest last May. The response to the lawsuit filed by Fatme Dakroub,
36, of Dearborn, Mich. but now living in the United Arab Emirates, was filed with the US District Court of Western Michigan Aug. 11. In her complaint she claims her First, Fourth and 14th Amendment rights were violated along with her rights under the Religious Land Use and Institutionalized Persons Act after she was required by Oceana County Jail staff to remove her
headscarf during booking. In the response filed by sheriff’s office attorneys, the sheriff’s office denies “any claim that they improperly treated her, or that they unlawfully or unnecessarily burdened her legitimate religious practices.” The response further indicates that Dakroub “was treated with
ALLEGATIONS DENIED continued on 6a
“Allowing plaintiff to retain
possession of a lengthy scarf while she was in a jail holding cell presented significant security concerns for the plaintiff, other inmates and corrections officers,”
— Oceana County Sheriff’s Department Response to a federal lawsuit claiming of civil rights violations
Another clean sweep
of OCCOA property
Transfer of ownership hinges on DNR approval By Anne Pawli OHJ Contributing Writer
Hart City Councilmen asked for a history lesson and at their Tuesday, Aug. 11 council meeting they got one. Paul Inglis, treasurer for the Oceana County Council on Aging, attended the meeting with about two dozen supporters hoping to convince the city council to give them a great deal on the property the council on aging has called home since the 1990s. In the end, that’s exactly what the council did. The move, when approved by the DNR, will enable OCCOA to own outright the land at 621 E Main St., where it will eventually construct a nearly $1 million expansion of its current facility. During his brief recap of the original agreement between the city and OCCOA,
CITY AGREES TO SELL PROPERTY continued on 7a
Hart man arrested with 190 pot plants
Hazardous materials, top from left to right, stain, cleaners and other hazardous liquids; medications; and light bulbs; are sorted into separate bins. ERG Environmental Services employees, above, collect household hazardous waste at the City of Hart Department of Public Works building Saturday, Aug. 15 as part of the Michigan Ground Water Stewardship Program’s Household Hazardous Waste Disposal Day. More than 20,000 lbs. of materials were collected from 288 Oceana County households. Chris Crosby and Ray Buhl carry a television dropped off for recycling.
Household Hazardous Waste Disposal Day collects over 20,000 lbs. of materials
In its 9th year of operation the Michigan Ground Water Stewardship Program collected more than 20,000 lbs. of materials in Oceana County Saturday, Aug. 15 at the City of Hart Department of Public Works building. According to Lynda Herremans of the Oceana Conservation District 251 vehicles representing 288 Oceana County households took part in the free hazardous material collection, up slightly from last year’s count of 240 vehicles and 275 households. “We are still getting consistent participation,” Herremans
Andrew Skinner • Oceana’s Herald-Journal
20,000 LBS. COLLECTED DURING CLEAN SWEEP continued on 6a
A rural Hart man faces a single felony marijuana charges for allegedly manufacturing marijuana. Joseph Raymond Kokx, 67, of 2346 W. Madison Rd., Hart, was arrested by State, Sheriffs Chiefs Enforcement Narcotics Team (SSCENT) officers Aug. 7. He is charged with one felony count of controlled substance — delivery/ Kokx manufacturing marijuana 5-45 kilograms. Bond was set at $5,000/10 percent and has been posted. According to a SSCENT press release, SSCENT and Oceana County Sheriff’s officer executed a search warrant in the 2000 block of Madison Road in Weare Township where detectives seized approximately 190 marijuana plants, nine pounds of processed marijuana and two firearms. The press release indicates additional arrests are pending. If convicted, Kokx faces a maximum seven year prison sentence and/or a $500,000 fine. A pre-trial conference in 78th District Court was scheduled for Aug. 17.
2nd input session set for Cedar Point Park expansion By John Cavanagh Herald-Journal Writer
A second public input session is scheduled for late September as part of an exploratory program involving the expansion of Cedar Point County Park along Lake Michigan. In an update to the full county board Aug. 13, Commissioner Andy Sebolt told the board that approximately 50 people attended the public input session at the Pentwater Township Hall July 28. Sebolt briefly reviewed the concept for expanding the county park on the Golden and Pentwater township line as outline by parks commission member Joel Mikkelsen, and Sebolt said there was a lot of local landowner concerns about expanding the park. The property is owned by the Frederick Poole Trust of Villa Park, Ill., and the asking price is approximately $5 million for 27-acre parcel. Mikkelsen has previously said his idea to pay for the property would be to apply for Michigan Natural Resources Trust Fund money and asking the Poole family to gift a portion of the property to the county in exchange
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for having it named after them. Because he did not attend the July 28 meeting in Pentwater, Commissioner Bob Walker asked that he be provided with a set of minutes reflecting the public comments made so he could review them. He also said he hopes Mikkelsen understands that he will need county board approval before moving forward with any grant application. Walker also wants to see a budget detailing cost figures along with what the county’s cost would be for any improvements. “There’s an awful lot of information that has to be put together,” board Chairman Denny Powers said. Commissioner Larry Byl pointed out that a recent expansion at Meinert Park in Muskegon County just south of the Oceana Count line took several years to complete. “I do know it was a long process and it wasn’t without a couple of hiccups,” Byl said. The next public input session is scheduled for Sept. 22 at 7 p.m. at the Shelby Middle School.
Andrew Skinner • Oceana’s Herald-Journal
Children make their way along the newly installed walkway at Cedar Point Park Saturday afternoon, Aug. 15. A second public input session is scheduled for late September as part of an exploratory program involving the expansion of Cedar Point County Park along Lake Michigan.
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• August 20, 2015 • Oceana’s Herald-Journal
Allegations denied
from Page 1a
respect at all times. She was only asked to temporarily remove her head covering for purposes of photographing her face, in a manner consistent with the photograph on the identification card or driver’s license issued to her by the United Arab Emirates, and in her possession at the time of her arrest.” The response further indicates Dakroub was lawfully arrested by another police agency and was brought to the county jail for booking. It also indicates that during her brief stay at the county jail, she was allowed to wear her own clothing and permitted to cover her head with a hood attached to the shirt she was wearing. “Allowing plaintiff to retain possession of a lengthy scarf while she was in a jail holding cell presented significant security concerns for the plaintiff, other inmates and corrections officers,” the response reads. “The defendants acted solely upon considerations of the good order and discipline of the Oceana Jail and by applying sound principals of safety within a correctional facility.” Sheriff’s office attorneys are asking that the suit be dismissed with prejudice and that the court award the sheriff’s office such costs, including reasonable attorney fees. A scheduling conference is scheduled in the US District Court in Grand Rapids for Sept. 10. Dakroub was arrested by a Silver Lake State Park ranger after being stopped for speeding while driving a rented Jeep in Silver Lake State Park. She later pled guilty to careless driving and paid a $200 fine.
20,000 lbs. collected during clean sweep
from Page 1a
Andrew Skinner • Oceana’s Herald-Journal
Workers from ERG Environmental Services remove household hazardous waste from a vehicle Saturday, Aug. 15 during the Michigan Ground Water Stewardship Program’s Household Hazardous Waste Disposal Day.
Entertainment and Dining Guide
said. “We are still reaching new people, for 91 of the cars coming through, it was their first time.” Golden and Hart townships had the most participants again this year and all 16 Oceana County townships were represented in this years collection with at least one participant. “We did have less pounds of household hazardous waste and pesticides this year compared to last year. A rough estimate is that we had a total of 12,000 lbs., Where as last year we had over 20,000 lbs.” The collection did see an increase in electronics dropped off with more than 8,000 lbs. collected which was twice as much as last year’s total, according to Herremans. “There were 96 cars bringing in electronics this year. The biggest number of items brought in for the electronics for disposal was old TV’s,” she said. Herremans added that there were 52 people who brought in pharmaceuticals this year. According to Herremans, the collection day features a pair of new disposal companies this year, ERG Environmental Services handled the hazardous materials while Comprenew was responsible for the collection of electronics which were to be recycled. Michigan Ground Water Stewardship Program host its Clean Sweep/Household Hazardous Waste Disposal Day once a year on the third Saturday of August in Oceana, Mason and Manistee counties.
9 down, 5 to go for red-hot Panthers DAYLIGHT SAVINGS TIME ENDS
Don’t forget
• Turn back your clocks at 2 a.m. • Change batteries
SUNDAY, NOV. 1, 2015
Thursday, October 29, 2015
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Shelby to discuss combining clerk/ treasurer positions next week
Trial date set for civil suit against sheriff’s office
SHELBY — A Nov. 3 Shelby Village Council personnel committee as a whole meeting was set Oct. 26 for council to further discuss combining its clerk and treasurer positions. Village Administrator Chelsea Stratil again made a pitch to combine the two office positions as she did earlier this month. She pointed out that Clerk Julie Schultz has been performing both duties without additional compensation as the village has had frequent turnover in the treasurer’s
It might be more than a year from now before the final outcome will be known in the civil lawsuit between a Muslim-American woman and the Oceana County Sheriff’s Office. The U.S. District Court for Western Michigan has scheduled a Dec. 5, 2016 trial date for the case between Fatme Dakroub, previously of Dearborn, and the sheriff’s office. The trial is scheduled for 2.5 days. It was scheduled earlier this month. A final pretrial con-
COMBINED POSITION
continued on 3a
TRIAL DATE SET continued on 3a
Several nabbed in drug related arrests
Several out-of-area people face charges in unrelated drug arrests following multiple investigations by the State, Sheriff’s Chief’s Enforcement Narcotics Team (SSCENT) members. According to a SSCENT press release, Tommy Watts, 33, of Muskegon was arrested on two felony counts of cocaine delivery at the Muskegon County Jail while serving time on an unrelated charge. He was transported to the Oceana County Jail and was arraigned in 78th District Court in Hart where bond was set at $25,000/10 percent. Each charge is punishable by up to 20 years in prison. SCCENT officers also arrested Eric William Carroll, 31, and Jeffery Anthony Kapala, 29, both of Scottville. Each man is charged with one count of possession of methadone and one count of possession of a substance containing amphetamine. The release indicates both charges are felonies and are punishable by up to eight years in prison. They both were lodged in the Mason County Jail. Police also arrested a 30-yearold Manistee woman and a 66-year-old Manistee man. The woman was charged with one count of possession of cocaine and was lodged in the Manistee County Jail under a $25,000/10 percent bond. Her arraignment date was unknown. The felony charge is punishable by up to four years in prison. The man was charged with one count of cocaine possession and one count of marijuana possession. He was arrested by the members of the Seventh District of the Michigan State Police Fugitive Team. His bond was set at $25,000/10 percent and he had not been arraigned. SSCENT is a multi-jurisdictional task force serving Manistee, Mason, Oceana and Lake counties. People suspecting illegal drug activity in their areas can contact SSCENT at 800994-8477.
Andrew Skinner • Oceana’s Herald-Journal
The opening of the Oceana County Medical Care Facility’s new wing will be delayed due to a design error that would not allow for proper furniture placement.
Design error prompts furniture reconfiguration at MCF
Blades of Glory Phil Syer cruises the rail trail By Mary Beth Crain OHJ Contributing Writer
Saturday, October 31 is the scheduled date for the completion of the resurfacing of the William Field Memorial Hart-Montague State Park Trail. And no one’s more excited than Phil Syer. “I’ve been using the trail since it first opened,” the 72-year-old Hart resident notes. “That’s 28 years. And the resurfacing has long been needed.” While the 22-mile non-motorized trail is primarily used by bikers, Syer inline skates—a sport he has embraced with a passion since 1993. That was when his knees gave out. Up until then, he was a runner and a biker, but took up rollerblading because it was much easier on his knees. “I’ve been active all my life,” he reflects. “I always ran. And I make it a point to be out there every day.” Although he got an A+ on his latest physical, and doesn’t take any medications, Syer’s enthusiasm is sometimes a bit much for his doctors to digest. “When I had my first knee surgery in 1983, I was on crutches for six weeks. The doctor said, you can bike a little. So I bought a bike and biked to Ludington and Scottville. The doctor was horrified. ‘I meant just a little!’” “I used to skate from Hart to Montague and back,” he recalls. “Then the trail started getting rough, and gradually I could only skate to Rothbury, and then to New Era. The only place I’ve been able to skate in recent years is from Mears to Shelby. So getting the trail re-paved has been very exciting.” Tall, trim and good-looking, Syer is a testament to the virtues of staying active. The septuagenarian inline skates “every day it doesn’t rain,” for one to two hours. He’ll cruise from Hart to Shelby and back, a 16-mile round trip that takes him between 70 and 80 minutes.
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CRUISING THE RAIL TRAIL continued on 2a
Andrew Skinner • Oceana’s Herald-Journal
Hart’s Phil Syer inline skates along the Hart portion of the recently reconstructed 22-mile William Field Memorial Hart-Montague State Park Trail. Syer, who has used the trail since its inception in 1989, had to start using select portions of the trail due to poor surface conditions.
“It’s a place where you
can skate in relative safety. And the scenery, especially on this end, is awesome,”
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Due to a design error, furniture placement in the new wing at the Oceana County Medical Care Facility currently under construction will have to be reconfigured from its original plan. Medical Care Facility Director Greg Wilson told the Oceana County Department of Health and Human Services board at its Oct. 26 meeting that a plan has been developed to correct an architect’s error, but the plan still needs state approval. The changes were needed to accommodate the 80-inch beds planned for the facility. Wilson did not know what the cost for the changes will be, but said the architect will pay for the costs of the changes. The new design approval is expected to take about four months. Oceana County Board of Commissioners Chairman Denny Powers, who serves as a liaison to the OCDHHS board, commended Wilson and the medical care staff for sticking to their guns and seeing the issue resolved. OCDHHS Board Chairman Larry VanSickle was impressed with the quality of workmanship in the new wing. Wilson is planning an open house for the new wing sometime next march.
Paving expected soon for Shelby’s State Street
SHELBY — Weather is said to have pushed back the paving portion of the South State Street reconstruction project, but the work is still expected to begin shortly. In her Oct. 26 administrator’s report to the Shelby Village Council, village Administrator Chelsea Stratil said the paving portion of the project was scheduled to begin Tuesday of this week, but last weekend’s rains likely pushed the work into Wednesday. Village President Paul Inglis
STATE STREET PAVING
— Phil Syer
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Know Prepare for temporary MeLCat unavailability
In The
Bumstead votes in support of House approved road funding plan ‘Plan is a good compromise, step in the right direction’
A long-term plan to fix Michigan’s crumbling roads and bridges has been approved by the House, announced state Rep. Jon Bumstead. “This plan utilizes ideas from both sides of the aisle to see that Michigan has viable, long-term solutions to fix the roads in our community and across the state,” said Rep. Bumstead, R-Newaygo. The new plan uses $600 million in existing General Fund dollars and raises an additional $600 million in new revenue that will be used specifically to fix Michigan’s infrastructure. The funds raised from new revenue will come partially from a 3.3 cent increase in gas tax, a parity to match diesel tax to gasoline and an increase in vehicle registration fees. The compromise plan also provides $200 million in tax relief by expanding the Homestead Property Tax Credit for Michiganders across the state. Additionally, a mechanism is included that triggers a reduction in state income tax as normal, statewide inflation increases over time. “While I would have preferred that all of the money came from existing funds, this approach allows all of our legislative leaders the opportunity to get on board,” Rep. Bumstead said. “In addition to providing long-term solutions that allow Michigan to put this issue behind us, this plan also creates a significant amount of tax relief for hardworking taxpayers across the state.” The legislative package now moves to the Senate for further consideration.
2015 state Christmas tree to come from Wakefield
A 66-foot spruce from the western Upper Peninsula will travel to Lansing this month to become Michigan’s 30th official Christmas tree. The tree, which was selected by staff from the Michigan Department of Technology, Management and Budget, will arrive at the Capitol the morning of Saturday, Oct. 31. The spruce, which is growing in Wakefield, is being donated by Florence Daniels in memory of her husband, the late Jim Daniels. For 30 years, Mr. Daniels was a teacher for the Wakefield School System and coached basketball, track and football. Throughout his career, he received many honors, including U.P. Coach of the Year, and he was inducted into the U.P. Sports Hall of Fame. Wakefield is 10 miles east of Ironwood and the Wisconsin border. It’s the 21st time the official tree has been selected from the Upper Peninsula.
Libraries encourage patrons to place requests prior to Nov. 18
MeLCat, Michigan’s statewide resource sharing system that allows library patrons to borrow materials from hundreds of other participating libraries across the state will be out of service beginning Wednesday, Nov. 18. Library patrons from the Shelby Area District Library, Hart Area Public Library and Pentwater Township Library will be able to pick up MeLCat materials until Wednesday, Dec. 2. The ability to place requests will be restored by Friday, Dec. 11. MeLCat materials can be returned at any time. State Librarian Randy Riley knows the importance of MeLCat to Michigan residents. “We know that any service interruption is an inconvenience. Because of that, we’ve timed the needed work to occur during a period when MeLCat requesting has historically been the lowest. In the long run, this change will truly benefit Michigan libraries and li-
Area librarians ask patrons to plan ahead and place MeLCat requests prior to Nov. 18. Funding for MeL is provided in part by the state of Michigan through the Library users.” brary of Michigan. More information is available at Additional project support comes www.elibrary.mel.org/screens/mel- from the federal Library Services and move.html. Technology Act (LSTA) via the Insti-
Public comment sought at Nov. 4 Oceana County Transportation Planning Meeting The Oceana County Rural Transportation Task Force, which is responsible for rural transportation planning in Oceana County, is seeking public comment on the transportation planning process, project selection and amendments at the county level. A public comment period is scheduled at the Oceana County Rural Transportation Task Force Meeting Nov. 4 at 10 a.m. at the Oceana County Road Commission, 3501 W. Polk Rd., in Hart. The Oceana County Rural Transportation Task Force is part of the larger West Michigan Regional Rural Transportation Task Force (Region 14) which includes Lake, Mason, Muskegon, Newaygo and Oceana counties.
EDC Job Fair a hit
Area employers had a steady stream of job seekers visit their tables Saturday, Oct. 24 during the Oceana County Economic Development Corporation’s Job Fair in the Hart Community Room in the Hart City Hall. Fourteen area businesses took part in the job fair and organizers reported a large number of job seekers in attendance. The EDC hopes to have another job fair in the spring, possibly at a larger venue. Andrew Skinner • Oceana’s Herald-Journal
Poor road conditions prompt Nov. 5 meeting Residents of Pentwater’s Lakeview Drive have been invited to speak their piece next month to members of the Oceana County Road Commission about the roadway running past their homes. Members of the road commission and its engineers will attend a special township board meeting at Pentwater Community Hall Thursday, Nov. 5, beginning at 6:30 p.m., to outline the results of a recent survey of the Lakeview Drive right-of-way along with improvement options. Pentwater Township Supervisor Chuck Smith said the roadway has been in bad shape for some time, prompting residents to ask officials to look into repairs. Smith said, all Lakeview Drive residents have been notified by mail of the meeting, but emphasized the forum is open to the general public as well.
Trial date set
from Page 1a
ference is scheduled for Nov. 23, 2016. Dakroub filed the federal lawsuit in June. In her complaint she claims her First, Fourth and 14th Amendment rights were violated along with her rights under the Religious Land Use and Institutionalized Persons Act after she was required by Oceana County Jail staff to remove her headscarf during booking following a traffic arrest. In its response, the sheriff’s office denied the allegations, saying any claim that they improperly treated her, or that they unlawfully or unnecessarily burdened her legitimate religious practices were false. The response further indicates that Dakroub was
tute of Museum and Library Services (IMLS). For assistance using MeL, contact your home library, Shelby Area District Library at 231-861-4565, Hart Area Public Library at 231-873-4476, or Pentwater Township Library at 231869-8581.
treated with respect at all times, and that she was only asked to temporarily remove her head covering for purposes of photographing her face in a manner consistent with the photograph on the identification card or driver’s license issued to her by the United Arab Emirates, and in her possession at the time of her arrest. The response further indicated Dakroub was lawfully arrested by another police agency and was brought to the county jail for booking. It also indicated that during her brief stay at the county jail, she was allowed to wear her own clothing and permitted to cover her head with a hood attached to the shirt she was wearing.
Combined position
from Page 1a
position this year. “She’s part time and her hours do not reflect that,” Stratil said. Stratil reiterated that it might be easier for the village to hire a deputy clerk than it would be to hire a treasurer with the qualifications council seeks. Personnel committee Chairman Ben Michalko said combining the two positions is a large decision after which Councilman Bill Harris entered the motion to review the matter and potentially additional compensation for Schultz at a personnel committee meeting. The meeting is set to begin at 7 p.m.
The planning and project selection process includes projects being discussed for submittal for the fiscal year 20172020 State Transportation Improvement Program (STIP) and projects being amended for the Fiscal Year 2014-2017 STIP. The STIP lists federally funded transportation projects that are located outside Metropolitan Planning Organization boundaries and is developed in a cooperative effort between federal, state, and local officials and serves as the final link in the transportation planning process. Its primary purpose is to identify transportation programs and projects to be funded with federal aid in accordance with federal law and regulations. This plan is an outline of the transportation needs of the State of Michigan for the next four years.
Duram named emergency management coordinator Page 3a
Thursday, April 21, 2016
Pirates finish 1-2 at home soccer tournament
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Hesperia’s Cathy Forbes enters state house race
Hart downs Wildcats for year’s 1st win Page B1
Sheriff’s suit out
Sneaking past
Muslim-American woman’s claims against county dismissed
Primary election races set
The petitions are in and the races are set for the primary races in the Aug. 2 election this year. There will be races for several county offices along with races for the Oceana County Road Commission and the Oceana County Board of Commissioners. Incumbent Oceana County Road Commissioner Cathy Forbes of Hesperia once again seeks state office as she has filed as a Democrat for the 100th District State House of Representatives seat. She previously ran against incumbent state Senator Goeff Hansen, R-Hart, for the state senate seat. The filing deadline was April 19 at 4 p.m.
By John Cavanagh
Herald-Journal Writer
PRIMARY ELECTION RACES SET continued on 3a
County to drop commissioner health insurance
Health insurance will no longer be a benefit available to the Oceana County Board of Commissioners effective Jan. 1, 2017. In a move to make compensation for all commissioners more equitable, the board modified its commissioner compensation package at its regular meeting April 14. The changes can only be made in an election year unless the board agrees to reduce compensation. Any changes must be made prior to the nominating petition deadline, which was April 19.
COMMISSIONER HEALTH INSURANCE continued on 6a
Claybanks crash sends 2 to hospitals
A Claybanks Township couple was injured in a single-vehicle accident at the curve of Scenic Drive and Webster in southern Oceana County Saturday. According to the Michigan State Police press release, the couple, whose names weren’t being released Monday, was traveling south of Scenic Drive when the vehicle went off the right side of the roadway, crashed into a ditch and then a driveway embankment. The driver and passenger were initially transported to Mercy Health Partners Lakeshore Campus in Shelby before the female passenger was flown via Aeromed helicopter to Spectrum Health
Andrew Skinner • Oceana’s Herald-Journal
High flying action
A steelhead, above, jumps out of the water as it tries to make its way up and over the dam along the White river in Hesperia Saturday afternoon, April 16 as fisherman Philip James Stone of Whitehall casts his line in the other direction while fishing nearby. Steelhead, below, flying through the air as they headed up stream were a common occurrence and drew a number of anglers and a large crowd of spectators to the popular fishing area.
CRASH SENDS 2 TO HOSPITALS continued on 3a
Police release sketch of Ferry assault suspect
A sketch of the suspect wanted in connection with a felonious assault of a 48-year-old Ferry woman in her driveway last February was released by the Oceana County Sheriff’s Office last week. S h e r i f f ’s office detectives recently contacted a Michigan State Police sketch artist, who then interviewed the • Michigan State victim and Police sketch sketched a drawing of what she believes is a likeness of the suspect. The sheriff’s office is asking that anyone who might have information or believe that they can identify the potential suspect to contact the office at 231-873-2121. Police said in February they were dis-
SUSPECT SKETCH RELEASED continued on 3a
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No monetary award will be received by the MuslimAmerican woman who filed a federal lawsuit against the Oceana County Sheriff’s Office late last spring, claiming her civil rights were violated during booking after her arrest on a traffic violation. T h e woman, Dakroub F a t m e Dakroub, previously of Dearborn, Mich. claimed her First, Fourth and 14th Amendment rights were violated along with her rights under the Religious Land Use and Institutionalized Persons Act after she was required to remove her head scarf during booking. The case was dismissed with prejudice April 14 without cost to either party. It had been scheduled for a settlement conference April 15. “I was pleased to resolve this case without the payment of any damages, or attorney fees to the opposition,” wrote sheriff’s office attorney James Dyer in an e-mail to county Administrator Sue Johnson. “I have believed from the beginning that Sheriff (Bob) Farber’s deputies did the right thing, and took all reasonable efforts to respect Ms. Dakroub and her religious practices, under difficult circumstance that had not previously been experienced at the Oceana County Jail. The policy we have agreed to adopt is reasonable, and is the sort of action that I would have recommended as a solution, even if the lawsuit had not been filed.” The county’s legal fees through March 29 totalled $6,720. County Administrator Sue Johnson said the fees will be paid by the county’s selffunded liability insurance. In the complaint filed in US District Court in Grand Rapids last June, Dakroub claimed that as part of her religious faith and practice, she wears a head scarf, covering her hair, ears, neck and chest when in public and at home if she is in the presence of men who are not a part of her immediate family. The complaint further
CIVIL RIGHTS VIOLATION CASE DISMISSED continued on 6a
Walkerville residents acknowledge assets, obstacles to survival
“There is a general want and
need to make a change. There is energy in this group to move forward. If we each brought in one person (to the next planning session) imagine what we could do.We’d be like a snowball that grows and become the kind of community we want to live in,” — Megan Blount, Walkerville resident
By Anne Pawli OHJ
contributing Writer
For many people, the small hamlet of Walkerville in the northeast corner of Oceana County appears on the brink of extinction. That’s not a fate the 40-some residents who attended last week’s town hall are willing to accept. Three religious affiliates from local churches and Love INC. of Oceana County facilitated the Walkerville Thrives gathering, preceded by a community dinner in the Wesleyan Church. The focus was not on what is lacking in the small village of 247 souls; a drive down Main Street speaks for itself. Lori Ray, executive director of Love INC., instead asked villagers to focus on the assets within the small, close-knit community. Participants gathered in small groups to consider and respond to a short list of questions
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presented by Ray, Theresa Fairbanks, pastor of the United Methodist Church and Deanna Helmlinger, lay speaker at the Wesleyan Church. They asked residents to consider the assets the village and surrounding area has to offer and, for folks looking to enjoy the simple pleasures life has to offer, there is plenty. Residents are proud of their outstanding first-responder system of fire and emergency personnel, wildlife, national forests and wetlands, lakes, campgrounds, a school system which provides students with small class sizes and the attention they need, internet access, a history museum, churches, a marching band, and a plethora of hardworking, caring people. Additionally, the village boasts a new Dollar General and bank.
WALKERVILLE THRIVES continued on 6a
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• April 21, 2016 • Oceana’s Herald-Journal
‘History Harvest’ to preserve Oceana’s agricultural past
The Oceana County Historical & Genealogical Society in collaboration with the Kutsche Office of Local History at Grand Valley State University and the Oceana Hispanic Center hopes to collect oral histories and other memorabilia that tells the past and present stories of Oceana County’s farm and migrant families. “Growing Community: Oceana’s Agricultural History” is being made possible through a $11,500 Common Heritage Grant from the National Endowment for the Humanities. The grant will be matched by Grand Valley for a project totaling $23,000.
Several public programs are being planned including a day-long “History Harvest” event June 18 in which area residents with ties to the agricultural community will be interviewed and may bring photos, clippings, diaries and other memorabilia to be digitally copied in an effort to help preserve them for generations to come. Michigan has the fifth largest migrant population in the country, yet Melanie Shell-Weiss, director of the Kutsche Office of Local History, said young children in Oceana County know little of their families’ histories and are less likely to see themselves as community members, de-
Civil rights violation case dismissed
spite having deep roots in the area through multiple generations. “Non-Latino residents are also less likely to understand the deep history of their Latino neighbors or their shared community ties,” Shell-Weiss said. “For these reasons, the opportunity to invite Latino community members — migrant and year-round — to preserve their oral histories and photographs would be of tremendous benefit to Oceana County.” Organizers are currently looking for community members willing to serve as volunteer interviewers to help record these stories and
The Michigan Department of Natural Resources is using Wildfire Prevention Week to remind people to go to www.michigan. gov/burnpermit to check if burn permits are being issued in their area before burning any yard debris.
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indicated that to have her hair and neck uncovered in public is a serious breach of faith and religious practice and a deeply humiliating and defiling experience that substantially burdens her religious practice. Dakroub was in Oceana County last May, taking advantage of an opportunity to spend time with her family and rented a Jeep to take her family around the Silver Lake Sand Dunes. The complaint indicated Dakroub was not familiar with the area and “became a little lost while driving around an awkwardly laid out parking lot,” and was eventually stopped. After being taken to the jail, Dakroub was asked to remove her head scarf in front of three male officers after which she explained the “substantial religious significance of her head scarf and clearly told the officers that she did not want to remove her head scarf because of her religious beliefs.” The complaint further indicated Dakroub requested a female officer to oversee her booking when removing her head scarf, but was told having a female officer was not an option. She later asked if she could remove her head scarf in front of just one of the male officers, but was told all three needed to be there. She later reluctantly removed her head scarf in front of the three officers and several male inmates, the complaint claimed. A few weeks after filing the lawsuit, Dakroub later pled guilty to careless driving and paid a $200 fine. In a sit-down interview with Oceana’s Herald-Journal Tuesday morning, Farber took a number of exceptions to the allegations outlined in the complaint. “There’s a whole lot of misinformation that was in the original complaint,” Farber said. First, he said, it was a Department of Natural Resources Parks Division staff member who made the arrest — not a sheriff’s deputy. Farber also took exception to the allegation that Dakroub was in the jail for three hours when she was actually in the jail for one hour and 53 minutes. He credited the jail staff for trying to accommodate Dakroub and her faith. “Our folks did an excellent job,” Farber said. Farber also pointed to Dakroub’s United Arab Emirates driver’s license photo which shows Dakroub without a head scarf and said the jail staff told her, “We need you to look exactly like this,” after which Farber said she voluntarily removed her scarf. For security reasons, Farber said more than one corrections officer needs to be present during searches, and he denied the allegation that male jail inmates made sexual advances toward Dakroub. “It never happened,” Farber said. At the time of her arrest, Farber said Dakroub was wearing a hooded, sleeveless shirt, and that she was allowed to continue wearing the hood throughout her booking. If Dakroub had insisted on being searched by a female officer, Farber said they could have accommodated her request, but it might have taken six to eight hours to locate an off-duty female corrections officer and call her in. When the arrest was made, the jail only had two female corrections officers on staff, but has since hired a third. Since the suit was dismissed, the department developed a written policy to protect individuals’ religious beliefs with regards to head wear while they are in police custody. The policy is based on the practices correction officers employed with regards to Dakroub. “Our staff does the right thing every day,” Farber said.
• Contributed photo
Michigan fire season builds during Wildfire Prevention Week Most of Michigan’s wildfires occur in April, May and June. According to the Department of Natural Resources, which is responsible for wildland fire protection on 30 million acres of state and private land, April is when wildfires start becoming a problem. The DNR is using the state’s annual observance of Wildfire Prevention Week, April 17-23, to remind the public about the dangers of wildfires. “Wildfire danger is typically highest during the spring,” said Bryce Avery, acting DNR fire prevention specialist. “The dead grass and leaves from last year dry very quickly as days become longer, temperatures begin to rise, and humidity levels are often at their lowest points. Breezy conditions increase the danger, but even on calm days, one ember landing in some dead grass is enough to start a wildfire.” Avery said this is especially important to keep in mind as people start heading outdoors to clean up their yards. “Remember if you plan on burning your yard waste, your first step should be to check if the DNR is issuing burn permits in your area.” A person is required to get a burn permit prior to burning brush and debris in Michigan when the ground is not snow-covered. Residents in the northern Lower Peninsula and Upper Peninsula can obtain a free burn permit by visiting www.michigan.gov/burnpermit or by calling 866-922-2876. Residents in southern Michigan should contact their local fire department or township office to see if burning is permitted in their area. “Plan ahead and know your conditions before you light the match,” Avery said. “Be safe and smart when it comes to fire. After all, fire prevention is everyone’s responsibility.” For more tips in safeguarding your home and property from wildfire risk, visit www.michigan.gov/preventwildfires.
Walkerville thrives Residents are also acutely aware of the obstacles facing them in their efforts to grow the village. Most of those challenges come in the form of financial limitations. Village president Jerry Frick reported the taxable value of the community s just under $4 million. “What are you gonna do with that?” he wondered, adding that, of the 638 small towns and villages in Michigan, just one has a lower per capita income than Walkerville’s $22,000. Although Walkerville does have a Kwik Mart, the closing of the grocery store knocked the wind out of the sails of villagers, leaving the town a food desert in the midst of an agricultural wonderland. “When we lost the store, that was a big thing,” said Emma Kerwin. “You would run into people in the store and it was a way to keep with touch with them. We lost a sense of community when we lost that business.” The store was the most recent in a string of closings for the town, including the tavern, restaurant, pizza joint and service station. Young families are leaving the village for the employment opportunities and amenities offered elsewhere, public transportation is nonexistent and the abandoned buildings and storefronts have
assist with making copies of various pieces of memorabilia. A luncheon and training session for community volunteers is scheduled for Monday, May 16 at the Hart City Hall Community Center (behind Hart City Hall), 407 S. State St, in Hart. Anyone interested in helping with this project should contact either the Oceana County Historical & Genealogical Society at 231-873-2600 or the Oceana County Hispanic Center at 231301-8300 or e-mail info@oceanahistory.org or Oceanahispaniccenter@gmail.com.
become eyesores. Many worried about the visual impact of those empty storefronts on families searching for housing in the area. Others were concerned about the lack of quality housing, health care, infrastructure and the detestable condition of the roads. The list of wants and needs is simple, but as always, the devil is in the details. Residents want a communication pipeline to facilitate volunteering, governance and where to go for particular services and resources. They’d like a zoning ordinance to prevent homeowners and renters from turning yards into garbage dumps
Public Notice
Copies of the Official minutes of the Oceana County Board of Commissioners’ meeting are available at the County Clerk’s office.
and, in that same vein, a recycling and transfer station to haul away all that garbage and cast-off appliances. They’d like to see a return of Pioneer Day, flower plantings throughout the village and outdoor movies in the park during the summer, a community food garden, new businesses, a community building for seniors, community theater and families with young children. Better roads were on everyone’s list and, in that respect, President Frick had good news. He said the village had received word it would be the recipient of $400,000 in federal funds to reconstruct a one-half
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Forest Service provides tips to reduce risk of wildfires If you plan to build a campfire, here’s how to pick your spot and dig your fire pit: Do not build a fire at a site in hazardous, dry conditions. Do not build a fire if the campground, area, or event rules prohibit campfires. In campgrounds – use the existing fire ring/pit instead of digging a new one. Outside of campgrounds, when dispersed camping, look for a site that is at least 15 feet away from tent walls, shrubs, trees or other flammable objects. Also beware of low-hanging branches overhead. • Choose a spot that’s downwind protected from wind gusts, and at least 15 feet from your tent and gear. • Clear a 10-foot diameter area around the site. Remove any grass, twigs, leaves and firewood. Also make sure there aren’t any tree limbs or flammable objects hanging overhead. • Dig a pit in the dirt, about a foot deep. • Circle the pit with rocks. • Fill the pit with small pieces of dry, dead wood; never rip or cut branches from living trees. • Place your unused firewood upwind and away from the fire. Remember these simple, yet necessary steps to help reduce the risk of wildfires: • Always check to see if burning permits are being issued before burning debris. • Visit the MI-DNR’s website, www.michigandnr.com/burnpermits, to find out if permits are be-
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mile stretch of Main Street in 2017. Megan Blount moved to Walkerville with her husband three years ago. They wanted a quieter way of life in their retirement, and she was enthusiastic about the possibilities for her new home. “There is a general want and need to make a change,” Blount said as the meeting wrapped up. “There is energy in this group to move forward. If we each brought in one person (to the next planning session) imagine what we could do.We’d be like a snowball that grows and become the kind of community we want to live in.”
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ing issued in your area. If permits are not being issued – don’t burn. • Always check the weather before building any type of fire; dry, windy weather will contribute significantly to the spread of wildfire. Wind can cause fires to grow quickly, or change direction quickly. • Always keep a water bucket or hose nearby when having a campfire, bonfire or burning debris. Remember to NEVER leave a fire unattended: • Allow the wood to burn completely to ash, if possible. • Pour lots of water on the fire, drown ALL embers, not just the red ones. • Pour until hissing sound stops. • Stir the campfire ashes and embers with a shovel. • Scrape the sticks and logs to remove any embers. • Stir to ensure everything is wet and cold to the touch. • If you do not have water, use dirt. Mix enough dirt or sand with the embers. • Continue adding and stirring until all material is cool. Remember: Do not bury the fire as the fire will continue to smolder and could catch roots on fire that will eventually get to the surface and start a wildfire. Never walk away from burning debris. Visit Smokey Bear online, www.smokeybear.com, for more tips or friend him on Facebook at https://www.facebook.com/ smokeybear. If you see a wildfire, call 911.
Commissioner health insurance
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“I just think it was time to do this,” said Commissioner Dean Gustafson, who suggested the board review the compensation package earlier this year. Currently, each commissioner is paid an annual salary of $3,751 with the board chairman receiving an additional $2,143. Board members also have the option of taking county-paid health insurance. They receive a $30 per meeting per diem along with mileage reimbursement for using their own private vehicles while attending to county businesses. Because not all commissioners take full advantage of the health insurance program, last year insurance costs ranged from $856.80 for Commissioner Evelyn Kolbe to $17,703.84 each for Commissioners Jim Brown and Andy Sebolt. Compensation for all commissioners totalled $126,665.96 for 2015. Commissioner Larry Byl, who introduced the new compensation package, said when commissioners first began receiving county-paid health insurance, the cost was a few hundred dollars per month, and at the time it wasn’t a big deal. Beginning next year, commissioners will no longer be eligible for county-paid health insurance and under current policy, board members cannot purchase health insurance through the county. Each commissioner will be paid $1,000 per month and $30 per meeting in per diem for up to 10 meetings per month. The board chairman will receive an additional $2,000 per year for the added responsibilities. Mileage reimbursement will continue at Internal Revenue Service rates. Commissioners will be eligible for paid vision, dental and life insurance through the county. The change in compensation is expected to save the county in excess of $10,000 per year. Kolbe, who represents the county on numerous boards, said she had a problem with capping meeting per diems at 10 per month.