Downtown Newsmagazine | Birmingham/Bloomfield by Downtown Publications Inc.

OAKLAND CONFIDENTIAL / 20-24 | METRO INTELLIGENCER 82-83

MARCH 2022

THE MAZE OF LOCAL DISTRICT COURT FUNDING OPTIONS ENDNOTE: OAKLAND COUNTY LEADING ON ENVIRONMENT ECRWSS Postal Customer EDDM

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Coal ash legacy still a concern Even after the last coal-fired power plant in Michigan belches its final carbon emission into the atmosphere, the state for years to come will have to deal with the hazards of coal combustion residual (CCR), commonly known as coal ash.

LONGFORM

District court is the first stop for most criminal cases, as well as for traffic tickets and misdemeanor cases. State law establishing the court does not specify how local communities should finance this part of the justice system.

CRIME LOCATOR

A recap of select categories of crime occurring in the past month in Birmingham, Bloomfield Township and Bloomfield Hills, presented in map format.

OAKLAND CONFIDENTIAL

GOP clears field for John James; Esshaki for state Senate rumor; competing pols and their polls; Lawrence backing Stevens; Yob finds home with Johnson; more Meshawn Maddock madness; plus more.

MUNICIPAL

THE COVER Cover design: Chris Grammer

Road diet desires for Woodward; Birmingham outdoor dining rules; Triangle District building held up; Roncelli case dismissed; NEXT school district lease; long-range planning session; plus more.

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FROM THE BSD

Sean Kammer, the Executive Director of the Birmingham Shopping District, gives readers some background on how the BSD was formed, how it's funded and what the organization does for the city.

THE COMMUNITY HOUSE

William Seklar, President and CEO of The Community House, writes about the nearly century of service of The Community House and the upcoming Bates Street Society dinner and awards.

METRO INTELLIGENCER

FACES

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Lois Teicher

Nancy Tellem

Tom Lemberg

Aki Choklat

Gigi Nichols provides readers with quick takes on what is happening in the world of food and drink in the metro Detroit area.

ENDNOTE

Our thoughts on the debate over funding by local communities for the 48th District Court, and how local communities must come together on environmental sustainability.

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FROM THE PUBLISHER tate voters could be facing a near record number of statewide ballot proposals when the November 8 general election arrives, including two competing proposals designed to enshrine in the Michigan Constitution protections for voting rights.

As it stands at this writing, there are efforts underway to gather signatures for a dozen proposals, some initiative legislation in nature and others as amendments to the Constitution, which could prove to be the largest number of state issues to be decided by voters since the 1978 general election when voters determined the fate of 11 state issues, as provided under the 1963 Michigan Constitution adopted by the electorate. Under the Michigan Constitution citizens can establish new laws or amend the Constitution by gathering petition signatures. For an amendment to the Constitution, signatures on petitions must equal at last 10 percent of the votes cast most recently for the office of governor, which for this year is just over 425,000 signatures. To enact a law, petition signatures must be at least equal or exceed eight percent of the votes cast in the last gubernatorial election, which for the November ballot would mean just over 340,000 signatures. Keep in mind that initiative law issues are submitted to the legislature, which then has 40 days to either approve the law or else it goes on the ballot, so it's possible not all of this year's issues will face the voting public. To begin the task of gathering signatures, a petition must be submitted to the Secretary of State or to the Michigan Board of Canvassers which can rule on the format of the petition to avoid problems later. So far, only three proposed issues have not had their petition format approved. Signed petitions to create law are due by 5 p.m. on June 1 and for amendments to the Constitution, the due date is 5 p.m. July 11. The issues range from deciding increased minimum wages; decriminalizing psychedelic drugs; criminal sentencing laws; payday loan restrictions; reproductive rights; private school tuition/tax break considerations; requiring “forensic audits” of election results; restricting emergency executive orders by state and local officials; along with several voter rights issues. One proposal – Secure MI Vote – has received the lion's share of attention in the media since its introduction last year. It is a proposal basically put forth by the Republican party and state lawmakers from the GOP as a way to circumvent Gov. Gretchen Whitmer who has vetoed bills pushed by the Republican controlled legislature – much of what this petition would enact into law without a chance of a veto from the governor. Critics – this writer included – see this petition drive as a solution in search of a problem coming off the 2020 election and the Big Lie movement that sprung from that vote. Funding (substantial) for this effort has come from dark-money sources connected with conservatives and the GOP. There's even been an $80,000 donation from state Republican party co-chair Ron Weiser. But my concern this month is not the Secure Mi Vote effort. The petition drives that warrant detailed consideration and debate are those put forth by the Promote the Vote 2022 and MI Right To Vote, both of which are asking voters to amend the Michigan Constitution to protect and expand voters' rights. The coalition behind Promote the Vote 2022 includes Promote the Vote Michigan, the group that brought the successful 2018 voting-related ballot proposal to voters, the ACLU of Michigan and the League of

Women Voters Michigan. It's a powerhouse coalition. The people behind MI Right To Vote include Jan BenDor, state coordinator for the Michigan Election Reform Alliance; attorney Fred Green who was on the policy committee to end gerrymandering; and Dr. Robert A. Sedler, distinguished professor of constitutional law at Wayne State university. Petitions for both efforts assure voters rights in similar fashion with some variations – requirements that a ballot drop box per 15,000 voters be provided; the right to sign an affidavit to vote in lieu of a picture ID, as well as assuring that current ID requirements are sufficient; preventing any requirement that all or part of a social security number be provided to vote; mandating state funded return postage for absentee ballots; allowing for publicly-disclosed charitable donations to conduct elections; and requirements for early voting. The Promote The Vote 2022 petition also provides that a registered voter can sign an application for an absentee voter ballot and indicate that they want absentee ballots sent in all future elections without having to apply each time. I am assured that there are safeguards addressing allegations that such a system could contribute to voter fraud, so any initial concerns I may have had are resolved. MI Right To Vote is also going to be circulating a second petition for another amendment to the Michigan Constitution which has caught my attention. This one puts an end to some of the underhanded moves we have seen from the GOP-controlled Senate and House in past years. For starters, it would eliminate the practice of lawmakers attaching spending allocations to bills, which under the current Constitution prevents citizens from petitioning for a referendum on laws with which they don't agree. All such initiative proposed laws would be required to skip the legislature and go directly to the next general election ballot. For the record, Michigan is an outlier among the states by allowing initiative legislation to be routed first to lawmakers. While I was overjoyed that someone is taking the initiative to address the deceptive voting proposals put forth the GOP-controlled House and Senate, I am very concerned that two similar but competing proposals is a set up for confusion on the part of the voting public, possibly threatening passage in November. The ideal situation would have been to have had only one voter protection petition circulating for changes to the Constitution but let's see if the MI Right To Vote group really has the juice – both financially and as an organization– to gather sufficient signatures to make the November ballot. The more established group – Promote The Vote 2022 – successful in 2018, with an even broader organization working on this ballot issue, and with a track record in the state, may be the best bet to cement our rights as voters in the Constitution so look for an opportunity (promotethevote2022.com) to add your name to their petition drive. It's critical that we amend the Michigan Constitution to both end the ongoing attempts that will erode our rights as voters and make voting even more accessible for everyone. David Hohendorf Publisher DavidHohendorf@DowntownPublications.com

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PUBLISHER David Hohendorf NEWS EDITOR Lisa Brody NEWS STAFF/CONTRIBUTORS Hillary Brody Anchill | Tracy Donohue | Kevin Elliott | Stacy Gittleman Austen Hohendorf | Sean Kammer | Jennifer Lovy | Jeanine Matlow | Gigi Nichols | Bill Seklar PHOTOGRAPHY/CONTRIBUTORS Laurie Tennent | Chris Ward Laurie Tennent Studio ADVERTISING DIRECTOR David Hohendorf ADVERTISING SALES Mark Grablowski GRAPHICS/IT MANAGER Chris Grammer OFFICE 124 W. Maple, Birmingham MI 48009 248.792.6464 DOWNTOWN NEWSMAGAZINE GOALS/MISSION The personnel at Downtown Newsmagazine bring a special commitment to the publishing effort, reinvesting in the local communities and working to make sure the Birmingham/Bloomfield area reaches its highest potential. Our mission dictates that we strive each month to provide a solid news and advertising product that local residents look forward to reading. Our goal is to build a community of informed citizens through the efforts of our passionate team. We are innovators producing products that go well beyond what others offer. Downtown Newsmagazine captures life in the local communities through coverage of major municipal and school issues, personality profiles, the latest news from the business community and political gossip/news. We also devote considerable effort each month to address major issues facing local residents through our longform story-telling efforts, further setting us apart from others competing for readers' attention. DISTRIBUTION/SUBSCRIPTIONS Mailed monthly at no charge to most homes in Birmingham, Bloomfield Township and Bloomfield Hills. Additional free copies distributed at high foot-traffic locations in Birmingham/Bloomfield. For those not receiving a free mail copy, paid subscriptions are available for a $15 annual charge. To secure a paid subscription, go to our website (downtownpublications.com) and click on “subscriptions” in the top index and place your order online or scan the QR Code here.

INCOMING/READER FEEDBACK We welcome feedback on both our publication and general issues of concern in the Birmingham/Bloomfield community. The traditional “letters to the editor” in Downtown are published in our Incoming section and can include written letters or electronic communication. Opinions can be sent via e-mail to news@downtownpublications.com or mailed to Downtown Publications, 124 W. Maple Road, Birmingham MI 48009. If you are using the mail option, you must include a phone number for verification purposes. DOWNTOWN NEWSMAGAZINE

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CRIME LOCATOR

NORTH

Map key

Sexual assault

Assault

Murder/Homicide

Robbery

Breaking/entering

Larceny

Larceny from vehicle

Vehicle theft

Vandalism

Drug offenses

Arson

These are the crimes reported under select categories by police officials in Birmingham, Bloomfield Township and Bloomfield Hills through February 17, 2022. Placement of codes is approximate.

OAKLAND CONFIDENTIAL Oakland Confidential is a periodic column of political gossip/news, gathered both on and off-the-record by staff members at Downtown Newsmagazine. We welcome possible items for this column which can be emailed to: OaklndConfidential@DowntownPublications.com. All sources are kept strictly confidential. The gossip column can be viewed at OaklandConfidential.com where you can sign up to receive updates via email.

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LET THE GAMES BEGIN: Politics has often been compared to chess, as the movement of players to reach the end game for political parties. Take, for example, the new 10th District for Congress, which includes southern Macomb and eastern Oakland County, including the Rochester Hills area. On the GOP side, John James has finally thrown his hat in the ring – no surprise there – and declared candidate Eric Esshaki, who took 47.8 percent of the 2020 general election vote against Congresswoman Haley Stevens, has announced his withdrawal from the 10th District contest. That said, JAMES Oakland Confidential has been told that former Macomb congresswoman and now Macomb County Public Works Commissioner Candice Miller met with Esshaki in January and asked him to pull out of the race. Miller, whose Republican political career began in 1986 and has spanned local, county, state (SOS) and federal office, as well as being an often-hoped-for candidate for governor against incumbent Gretchen Whitmer, holds a hallowed place in the party, so we can buy the unconfirmed rumor that the party had her do its bidding. National and state Republican Party bigwigs have wanted to find a home in D.C. for James, following his two previous failed U.S. Senate attempts, hence the attempt to clear the field in this race. After James announced, Miller and former U.S. House member Mike Bishop (a once-rumored possible contender for this spot) were named as co-chairs of the James’ campaign. How much better for James can it get than a district currently ranked as +6 Republican leaning? GONE, NOT FORGOTTEN: Don’t shed any tears for Eric Esshaki. The state party is not just knocking a pawn from the playing board. We are told that Esshaki will likely turn his attention to the newly drawn state Senate 9th District, where former Republican state Representative Michael Webber (R-Rochester, Rochester Hills) has already announced his intention to run, having served the Greater Rochester area in the state House until he was term limited as of December 2020. The new Senate district includes all or parts of Rochester and Rochester Hills, Oakland Township, Auburn Hills, Troy and ESSHAKI Birmingham, along with Shelby and Sterling Heights in Macomb County – most of it the old Oakland County stomping grounds for Webber, who some claim did not have to be a strong campaigner in past runs for the state House. Then there’s the money aspect of any race. Esshaki has in the neighborhood of $412,000 ready in his federal campaign account. Webber reported just over $50,000 cash on hand at the end of December. Some say the GOP primary could expand out to include Oakland GOP chairperson Rocky Raczkowski, whose name had been thrown around and then discarded for the race in the 10th District of Congress. Rocky reportedly met earlier this year with party members in Lansing and may well join this state Senate race. He had a tour of duty in the state House from 1997-2003 (Farmington, Farmington Hills), where he had a reputation as an ultra conservative, which might sell with the MAGA faction of the county party, but his several failed attempts at elective office since leaving Lansing could suggest his candidacy will prove more of a spoiler role in this primary. Plus, in the quid pro quo of politics, the GOP would probably owe it to Esshaki to keep the field cleared of as many candidates as possible. WHAT’S UP, DOC?: Polls taken by different firms for the upcoming Michigan 11th District – the one where Democratic Reps. Haley Stevens and Andy Levin have declared themselves adversaries – show it’s all up to who is asking the questions and interpreting the results. Impact Research conducted a poll for Stevens’ campaign where Stevens currently

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leads Levin, 42 percent to 35 percent – with a whopping 23 percent still undecided. A poll done by Target Insyght, first reported by Deadline Detroit, has the pair of two-term members of Congress tied at 41 percent, with 18 percent undecided. That leaves a lot of room for either candidate to pull primary voters to their side – and a lot of time before the August 2 primary for mud to get thrown. Stevens’ poll shows her as leading with critical demographics, such as Black voters (+14) and women, with a 10point lead; moderates, a 12-point lead, and even liberals by nine points. In households with an auto worker, Stevens, who has made auto and manufacturing her hallmark, leads Levin by 20 points. In the Target Insyght poll, Levin leads Stevens among women by 17 points, with 25 percent undecided; he leads with Black voters by 14 points, with 29 percent undecided, and among voters over 61 by a nine-point margin, with 15 percent undecided. Levin also leads among union members. Stevens leads among White voters by two points with 12 percent undecided, and males by 21 points, with nine percent undecided. As one Democratic staffer said, “Some people will like that she’s more moderate, some will like that he’s more progressive.”

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LONG MEMORY: Rep. Haley Stevens (D-Birmingham, Bloomfield Hills, western Oakland and Wayne counties) said the endorsement she received from retiring Congresswoman Brenda Lawrence (DSouthfield, Detroit, West Bloomfield, Farmington Hills) in her primary battle for the newly redistricted 11th District against fellow Rep. Andy Levin (Bloomfield Township, Royal Oak, Huntington Woods, parts of Macomb County) “was a highlight of my career type moment. She is an icon and means so much to legions of women around metro Detroit and the country.” Between Stevens and Lawrence, LAWRENCE their current districts represent almost 70 percent of Oakland County and the new district. “I’ve seen Haley’s strong work ethic in action, and her unparalleled ability to listen to different communities and reach across the aisle,” Lawrence said. Lawrence is known to support women and people of color – but could some degree of bad blood between her and the Levins be part of her support for Stevens? Andy’s father, former Rep. Sandy Levin (D-Royal Oak) and late uncle Sen. Carl Levin endorsed Lawrence primary challenger Rudy Hobbs, now an Oakland County Deputy Executive, in her first congressional run in 2014, who she beat. “There’s a longtime rivalry between Lawrence and the Levins,” said one staffer. MCDANIEL 2023 CHALLENGE: Republican National Committee Chair and Northville resident Ronna (don’t call me Romney) McDaniel could be challenged for her post if she decides to seek another run at the top of the national party when voting takes place at the start of 2023. Vanity Fair magazine in early February suggested that long-time Donald Trump supporter and twice-around campaign aide David Bossie is running a stealth campaign to build support for him taking over the national party, although the Maryland RNC committee member MCDANIEL denied he is seeking the post. Bossie and McDaniel worked together on the resolution to censure Reps. Liz Cheney (R-Wyo.) and Adam Kinzinger (R-Ind.) for their work as members of the committee investigating the January 6 siege of the Capitol. The censure was BOSSIE approved at the recent RNC meeting in Salt Lake City, but die-hard Trump supporters say that McDaniel, chosen as chair by Trump after his 2016 victory, has not been vocal enough in promoting the Big Lie and has too often attempted to moderate intra-party criticism of party members who don’t tow the line. YOB’S NEW HOME: Back last November when John Yob bolted from the quagmire of a gubernatorial campaign of former Detroit police chief James Craig, insiders told us that he would eventually be connecting with the expected campaign of Perry L. Johnson, Bloomfield Hills Republican and founder of the Perry Johnson Companies in Troy. Now downtownpublications.com

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both gossip items have come to pass. Johnson, billing himself as the “quality guru” – a direct reference to one of his companies that is considered the largest ISO 9000 training company, with a presence in 80 cities globally – is the second millionaire of the 13 GOP hopefuls who have set their sites on the governor’s office. Taking a page from the playbook of former Gov. Rick Snyder, Johnson introduced himself to voters with Super Bowl ads, part of a $1.5 media buy that would provide the candidate with exposure state-wide through early March. The early media push fulfills part of a promise by Johnson to put $2.5 million of his own fortune into this run for office, much like the pledge by deep-pocketed Kevin Rinke of Bloomfield Township, who says he’ll spend millions of his own stash to win the August primary. As for Yob, he managed the 2010 and 2014 runs by Snyder for governor and has a long history of political consulting for the likes of David Trott, Candice Miller, Bill Schuette, just to name a few. LOCKED & LOADED: In the “Don’t do as they say” column are Republican candidates Mike Detmer and Ryan Kelley, who seem to be taking the phrase “armed and ready” a little too far. Detmer, a candidate for state Senate (Howell) recently told a crowd that people should “show up armed” at polling places to protect Republican observers’ access to monitor counting ballots. Kelley, of Allendale, is a gubernatorial candidate who had posted a (now deleted) Facebook message to followers telling them “If you DETMER see something you don’t like happening with the (voting) machines… unplug it from the wall.” In June, footage emerged of Kelley advancing on the U.S. KELLEY Capitol on January 6, shouting as he moves along with a crowd of rioters towards the building. Secretary of State Jocelyn Benson (D) has referred both Detmer and Kelley to Attorney General Dana Nessel (D) for what they have urged followers to do. STEP TOO FAR: You know state GOP co-chair Meshawn Maddock has gone too far when The Detroit News columnist Nolan Finley, a staunch conservative if there ever was one, is calling for her head. Maddock, wife of state Rep. Matt “Mad Dog” Maddock (R-Milford) is an avowed Trumpster, one of 16 Michigan Republican officials, along with MIGOP Grassroots ViceChair Marian Sheridan of West Bloomfield, who signed a fraudulent document in late 2020 submitted to the Electoral College saying Michigan’s electoral votes should go to to former President DonaldTrump. Her latest MADDOCK transgression is what many view as racist statements about Democratic Lt. Gov. Garlin Gilchrist. Add that to her taunting of protesters in a Black Lives Matter video that surfaced from 2020, and her posting of a ridiculous report that Midland Public Schools have litter boxes in school restrooms for “furries” – people who live in a stuffed animal fantasy world. Finley, in an opinion column calling for Meshawn to resign or be forced out, noted that Republicans have an opportunity this election to reach out to Independents and other voters – “But few are likely to walk through a door being held open by a hater...the antics of one highly placed crackpot can influence the perception of the whole party.” True that. RISING PHOENIX: It’s been 18 months since former Oakland County Treasurer Andy Meisner lost in the Democratic primary battle with County Executive Dave Coulter for the top county spot, which Coulter ultimately won in November 2020, after serving as interim executive following the death of former long-time exec L. Brooks Patterson. Inquiring minds have been wondering where Meisner would turn up. Now we have the answer – Crain’s Detroit Business revealed he will be the new head honcho of the proposed Community Unity Bank in Birmingham, to be located on Woodward between Maple and 14 Mile roads if bank regulators approve the application. Meisner will be CEO of the bank, which Crain’s said would primarily offer standard banking operations.

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Lois Teicher s a child, Lois Teicher had a knack for ceramics and other creations that would later lead to a long career as a sculptor. “It’s been kind of a life force,” said Teicher, who raised three children before earning a degree from the College for Creative Studies (CCS), where she taught for a while, too. Eventually, she wanted to work on a larger scale. “I had an interest in public art, where women don’t get paid 30 percent less, because a budget is a budget,” she said. “I try to encourage other women to go into public art. There are lots of opportunities and I think women are particularly good at it. You have to look at the site to create something one-of-a-kind and that takes different skills.” Teicher, who has spent more than three decades in the field and is currently working on a private commission for a local home, serves as the perfect role model. “There are not a lot of women sculptors,” she said. “It’s important to have these images done by both men and women. The viewpoint is different, and I think there needs to be a balance.” Over the years, she has been featured in many exhibitions, including the Robert Kidd Gallery in Birmingham. The award-winning artist, who lives in Dearborn and was born and raised in Detroit, where she has a studio in the Eastern Market district, has learned a lot along the way. Early on, she did a sitespecific piece for the Scarab Club in Detroit. Her bonnet sculpture for Michigan Legacy Art Park in Thompsonville was one of the most difficult she has ever done. The 30-acre site features pieces that reflect pioneer times and her bonnet sculpture was the only one representing the challenges and contributions of women. Its trailing ribbon was an especially complex part of the process for Teicher, who has fabricators for larger pieces. Another impressive sculpture she did after winning a competition for a sitespecific piece at Bishop International Airport in Flint looks like a paper airplane. “People are often stressed when they travel. It’s about the internal and the external and stillness and movement and it has a playful aspect,” she said. More recently, she gifted a piece called “Dynamic Tension” to the city of Birmingham that had several potential locations for a sculpture. “I was allowed to pick the site I liked the best,” said Teicher, who went with the one in front of Anthropologie. “I loved the site – that already had an existing concrete pad – but I did not want to block the window.” Sometimes, her intuition leads the way. “I just felt that piece would work there. It has some color, but it’s not large. There is a tension in terms of concept,” said Teicher, whose interest in time and space inspires her. Her themes often stem from her search to understand and connect to the universe and she hopes viewers will share in the experience. With art, the feedback is part of the fun, like a comment someone made about her Birmingham sculpture that it looks like the sun over the ocean. “My hope is to be inspirational and to add something positive to a community, where a rich cultural environment brings excitement,” said Teicher. “Sculpture is a quiet performance that can enhance them in some way.” Website: loisteichersculptor.com

Story: Jeanine Matlow

Photo: Laurie Tennent

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AS MICHIGAN MOVES TO BECOME CARBON NEUTRAL, STATE CANNOT IGNORE TOXIC RESIDUALS FROM THE PAST

COAL ASH PROBLEMS

overnor Gretchen Whitmer recently announced plans for the state to be carbon neutral by 2050. Among other recommendations from Whitmer’s appointed Council on Climate Solutions, Michigan's draft plan includes an aggressive migration to renewable energy sources as it pushes utilities ahead with plans to phase out coal-powered electricity in line with the Biden administration’s plan to free the country’s electric grid from carbon-emitting power sources by 2035. But even after the last coal-fired power plant in Michigan belches its final carbon emission into the atmosphere, the state, along with the rest of the country, for years to come will have to deal with the hazards of coal combustion residual (CCR), commonly known as coal ash. Environmental group Earthjustice said after decades of burning coal as its main source of producing electricity, the United States has created enough coal ash to fill a freight train that could encircle the earth more than five times over. It is the second-largest type of industrial waste generated in the United States after coal mine waste.

Coal ash contains heavy metals such as mercury, barium, cadmium, and arsenic. According to the National Resources Defense Council, short-term exposure to coal ash irritates the lining of the nose and the throat and causes dizziness, nausea, vomiting, and shortness of breath. Long-term exposure can lead to liver damage, kidney damage, cardiac arrhythmia, and a multitude of cancers. Yet the Environmental Protection Agency (EPA) has yet to classify it as hazardous waste. Without proper management, coal ash can pollute waterways, groundwater, drinking water and the air, but it has only been regulated at the federal level since 2015. The question – and the cost – of how to safely dispose of coal ash, most of it languishing for decades in unlined landfills, looms large. According to 2018 reports from the Energy Information Administration, Michigan’s operating coal-fired electric plants generated over 1.5 million tons of coal ash waste. Using coal for energy in Michigan is on the decline. According to a 2011 report prepared by the Michigan Public Service Commission, Michigan’s coal-burning power plants in 2009 generated 66 percent of the state’s electricity. By 2019, that number had dropped to 32 percent. In Michigan, these pits of coal ash rest along the shorelines of our tributaries, rivers and lakes. That’s because massive amounts of water are required to heat into steam to turn a plant’s turbines to produce electricity. Most wet coal ash impoundments are dug directly into the ground, which sit adjacent to waterways, and are constructed and contained within simple earthen berms. Earthjustice, which compiles and updates a database on the condition and status of the nation’s coal ash ponds as reported to the EPA since 2015, reported that in Michigan, there are 30 known coal ash repository sites, some with multiple coal ash impoundments. Of those, 14, including lined landfills, remain open and active even though some of the coal-fired plants there have been decommissioned. They include: DTE’s Belle River (scheduled for closure in 2029); Erikson Power in Lansing (set to retire in 2023); Consumers Energy's JC Weadock plant in Essexville (retired in 2016); Consumer’s Energy JH Campbell in West Olive (set to retire in 2040); and DTE’s Monroe Power plant (set to retire in 2040). There are also active coal repositories at the WE Energy Ash landfill, Marquette’s Shiras ash pond (the plant closed in 2018), a bottom ash basin at DTE’s St. Clair (set to retire in 2029), and a coal combustion residual landfill at the Trenton plant, which DTE retired in 2016.

he remaining 16 sites have reported that they have already closed or intend to close their plants and deactivate their coal ash and bottom ash basins at the following locations: the BC Cobb in Muskegon (closed in 2016); D.E. Karn Generating Plant in Hampton Township (closing units in 2023 and 2031); James DeYoung in Holland; JB Simms (deactivated in 2020); JC Weadock Generating Plant in Hampton Township (retired 2016); JH Campbell Power Plant in Port Sheldon Township (units scheduled to retire in 2031 and 2040); JR Whiting Power Plant in Monroe (retired in 2016); as well as DTE’s coal operations in Monroe, River Rogue, and St. Clair. All utilities, except for four unlined coal ash ponds at the JH Campbell Power Plant, plan to move coal ash from unlined impoundments and transfer the waste to in-state lined landfills as licensed with Michigan Environment Great Lakes And Energy (EGLE). As climate change causes coastal waters to rise along the Great Lakes and with rainier weather, environmentalists insist that these cleanup operations happen sooner than later, as coal ash must stay as dry as possible so its minerals and heavy metals do not leach out. Coal ash is stratified into different gradients of density including fly ash and bottom ash. There is fly ash, which is powdery and flour-like and constitutes nearly half of the waste generated by coal plants. Fly ash is recyclable. The fine particles bind together and solidify, especially when mixed with water, making them an ideal ingredient in concrete and wallboard. About 37 million tons of coal combustion products are beneficially used in the United States each year. But more than 81 million tons are still being disposed of in landfills, according to the American Coal Council. Bottom ash is a coarse substance collected from the bottom of furnaces. About 30 percent of bottom ash can be re-purposed and recycled for snow and ice control, as a road base, structural fill material, or a raw feed material for some cement. DTE officials interviewed for this article confirm that across their coal operations, it recycled 59 percent of its coal combustion residual materials in 2019, and 57 percent in 2020. What is pulling the issue of coal ash into focus are a few things. First, the EPA is putting some teeth back into a 2015 coal combustion residual law that was loosened under the Trump administration. Former President Trump gutted many of the law’s stipulations and allowed the nation’s remaining coal plants to slide on deadlines for filing closure plans or submitting groundwater reports on a timely basis. Secondly, at the state level, recent reports from environmental watchdog groups such as Earthjustice and 2018 and 2021 reports on coal ash from the Michigan Environmental Council conclude that based on groundwater monitoring data from 2017-2019, there is widespread groundwater contamination under most of the state’s coal ash ponds. The reports, based on publicly accessible data submitted by utilities to the EPA according to the federal coal combustion residual rule, demonstrated that most coal ash ponds were leaking chemicals, especially arsenic. In January, the EPA acted to enforce the 2015 coal combustion residual ruling by proposing decisions on requests for extensions to the current deadline for initiating closure of unlined coal ash impoundments and put several facilities on notice regarding their obligations to comply with coal combustion residual regulations. The agency also outlined plans for future regulatory actions to ensure coal ash impoundments meet strong environmental and safety standards. Along with the announcement, EGLE Director Liesl Clark stated that Michigan must responsibly manage its waste generated by decades of dependence on coal for electricity “Michigan is advancing efforts to reach our state’s goal of a carbon-neutral economy by 2050,” Clark stated in an EPA press release from January 11, 2022. “We support EPA’s ongoing efforts to provide clarity around the coal combustion residuals rules and to

ensure that our world-class freshwater resources and the drinking water they provide are not impacted by these legacy wastes.” The Trump administration gutted much of the coal combustion residual rulings in favor of coal-fired utilities, giving them ample extensions on reporting testing of groundwater and creating coal ash repository closure plans. But with this announcement, the EPA reversed course and determined that four of 52 of the nation’s utilities demonstrations submitted were incomplete, one was ineligible, and the rest were complete. None of the utilities denied extensions were in Michigan. Earthjustice, along with the Sierra Club and the Environmental Integrity Project, maintains a comprehensive and regularly updated database on the CCR plans submitted to the EPA that documents coal ash and bottom basin and landfill operation plans, plant closure plans, and groundwater testing results. Lisa Evans, an Earthjustice attorney specializing in hazardous waste law, said the EPA’s actions and statements on January 11 were highly significant. When the law was first enacted, Evans said the original wording of the CCR rule put the onus on the coal utilities to self-comply with little to no oversight given at the federal level. In general, this tactic has been ineffective. “No regulatory agency at either the federal or state levels had the specific responsibilities to enforce the coal combustion residual rules, and the EPA expected that the utilities would self-monitor,” said Evans. ”As a result, what we have today is widespread noncompliance. Under the 2015 law, states are not required to have state inspectors going out to the sites to see if they are complying … and because they didn’t have to, almost no states did.” vans continued: “For the first time, the EPA initiated enforcement action at numerous sites (by not extending compliance deadlines), and they made it very clear how the coal combustion residual rule was to be enforced. Although the EPA up until now has not acted considering the hundreds of coal plants currently operating around the country, the January announcement will have an impact on those coal plants because it just clarified what compliance will look like.” But environmentalists say the current law could use even sharper teeth. As the law is written now, a utility does not need to manage, account for, or take data on any coal ash dumps it operated and closed before the coal ash rule took effect in 2015 – and environmentalists argue that this creates a large loophole for 25 percent of the nation’s coal ash repositories that closed before 2015. If a utility can prove that elevated levels of contaminants, such as heavy metals, are emanating from ponds not covered by the 2015 coal combustion residual rule through a groundwater test known as an Alternative Source Demonstration, the utility is still under compliance with the law and is not under the obligation to treat or remediate the pollution. By ignoring a large subset of coal ash dumps, some environmentalists fear the Coal Ash Rule will allow some groundwater contamination to continue indefinitely. This makes the restoration of groundwater quality at most sites very difficult or even impossible to achieve. Abel Russ is a senior attorney with the Washington, D.C.-based Environmental Integrity Project and was the lead author on the organization’s 2019 study that concluded that 91 percent of U.S. coal-fired power plants with monitoring data are contaminating groundwater with unsafe levels of toxic pollutants. Russ said his organization fought the original coal combustion residual laws in a Washington D.C. circuit court because they feel the laws don’t go far enough and there is overuse of the alternative source demonstration rule. “Many utilities have been using this stipulation in the coal combustion residual law to the point that some contend that certain levels of elements such as arsenic, lead and cadmium are not coming from the coal ash pits that fall under the 2015 law,” explained Russ. “And that's a problem because often the other

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sources are just another unlined coal ash that does not require to be regulated because one of the biggest problems is the federal rule and then it only applies to ash landfills and ponds that were active as of 2015. If you have a landfill that closed in 2010, or 2012, or even going back to 1980 or earlier – when a utility analyzes an active ash pond, they can conclude that any detected elevated contaminant level can be coming from another pond that is not regulated, so they will conclude that no action needs to be taken.” But will all this coal ash leachate harm our drinking water supplies, especially if it makes its way through the groundwater or falls directly into the Great Lakes? Russ said yes, but it is going to take a long time before any direct damage would be evident. He explained that the EPA estimates that leachate of some of the contaminants found in coal ash would take between 70 and thousands of years to travel from an unlined landfill at a concentration that would impact drinking water. And leachate that would slowly leak into the Great Lakes would be greatly diluted and would not surpass the EPA’s thresholds to make the water unsafe to drink. Still, Russ said, now is the time to prevent such threats to future generations. “One of the reasons why the Environmental Integrity Project has been so concerned and enthusiastic about this problem is that it goes underneath the radar,” Russ said. ”While it’s true that not many people live so close to coal utility plants or have a drinking water well that is in danger, there someday may be a situation where pollutants are getting into a smaller lake and working their way up the food chain and making fish unsafe to eat.” Russ added that lower-income populations go fishing as a food source and may fish in areas downstream from a coal plant. He could not directly comment as to whether Michigan is handling its coal ash legacy better or worse compared to other states. “In general, most states do about the same (in terms of managing coal ash waste) and that is not very well. Most states are overwhelmed by the scale of the problem. This involves millions of tons of solid waste and complicated testing and modeling required to fix groundwater contamination issues. While some states have up-front rules requiring moving coal ash to lined landfills like North Carolina, Virginia, Georgia and South Carolina, the rest of the country hasn't gotten there yet. That means there is going to be many places where coal ash will be sitting in groundwater for a while.” icholas J. Schroeck, director of the Environmental Law Clinic at the University of Detroit Mercy School of Law, echoed many of Russ’s sentiments. He said that industry and government have known for decades the harmful health effects of coal ash, and he believes stalling the creation of a federal rule was more about economics and the powerful coal lobby that has been influential with both federal and state legislatures. What it boils down to is a long avoidance of common sense and scientific evidence. “The regulations are finally catching up with the science,” Schroeck said. “It’s only been in the last few years that we had any meaningful regulations regarding coal ash. Without those coal combustion residual regulations at the federal level, we were also missing the data that demonstrated the extent that contaminants from these unlined holding areas were seeping into the ground and surface water.” Schroeck said the 2015 federal ruling standardized utility groundwater testing, though he finds the alternative source demonstration stipulation concerning. The bottom line, he maintained, is that whether a utility can prove elevated levels are directly coming from the vast acres of unlined ponds or basins that may or may not fall under the coal combustion residual regulations, coal ash is a substance that must be properly handled and disposed to prevent groundwater contamination. “These regulations are a step forward, but we must recognize that there are still a lot of sites that do not fall under this law, and

until they are all completely secured, and all the coal ash is prevented from coming into contact with ground or surface water, coal ash will still pose a risk,” he noted. “Ultimately, there will be a lot less coal ash to contend with if we are serious about transitioning to renewable energy. That is one of the advantages of wind and solar energy.” In April 2021 the Michigan Environmental Council (MEC) released The Impact of Coal Ash on Michigan’s Water Quality. The comprehensive report was based on publicly available data submitted by utilities to the EPA as required by the 2015 coal combustion residual ruling. The report concluded that 77 percent of coal ash landfills or ponds in Michigan were leaking levels of toxic chemicals like arsenic and lead in the groundwater above state or federal water standards. The report revealed especially alarming levels of arsenic that were 52 times over federal drinking water standards at the Consumers Energy D.E. Karn Generating Plant’s bottom ash pond in Essexville. Samples from three out of five down gradient wells at the Consumers J.H. Campbell bottom ash ponds in West Olive had arsenic levels that were 4.5 times over drinking water safety levels. harlotte Jameson, program director of energy for the MEC, and one of the authors of the report, said her organization’s main criticisms of the current coal combustion residual rules is that it allows for significant data gaps with the alternative source data testing, and if a utility had closed an unlined coal ash pond or bottom ash basin ahead of when the 2015 rule took effect, it is not obligated to collect or provide data or remediate any possible pollutant that can emanate from those areas. For example, Jameson said the report shows that after 2017, DTE has not provided any further groundwater tests for heavy metals because the utility contends that the clay deposits that make up the walls of its coal ash ponds are dense enough to hold any leachate away from the groundwater. There is no post-2017 data about the presence of heavy metals leaking from coal ash sites at Trenton Channel, Belle River, St. Clair, and all but one impoundment at Monroe. Furthermore, no heavy metal monitoring data was available from the Lansing Board of Water and Light’s Erickson plant impoundment system. “We do not believe the data the utilities are filing with the EPA is inaccurate. It is just incomplete. And though we can conclude that there is no imminent danger to our drinking water from improperly disposed coal ash, that’s not to say it will not be a problem in the future if there are incomplete data sets or mapping of all the state’s coal ash ponds and groundwater systems,” Johnson said. She continued: “I think it's understandable why the EPA included in their coal combustion residual rules alternative source demonstrations. After all, these are highly polluted sites, and contamination could be coming from places other than the coal ash ponds that fall under the 2015 law. But too often, the alternative sources of contamination are the legacy impoundments that were closed before 2015. We need to have watchdog groups like Earthjustice and the Environmental Integrity Project, who are laserfocused on these alternative source demonstrations and understand the hydrology, to make sure the findings in these alternative tests are indeed accurate and not just an attempt on the utilities to get out of having to do additional monitoring or a necessary cleanup.” When asked whether coal utilities should have continued to have flexibility and extended deadlines in submitting their coal ash pond closure plans to the EPA, Jameson said the utilities should have long ago read the writing on the wall. “They knew what was coming,” responded Jameson. “Coal plants are going away. It's not a question of if, but when. Utilities have known about the coal combustion residual rules for years. If they are saying they're still unprepared at this point but knew at some point they’d have to close their leaking impoundments and were just getting by hoping to get a deadline extension, that’s poor planning on their part.”

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Though Michigan has not yet had a catastrophe from its coal ash ponds, other states have seen the darkest side of coal’s legacy. Several disasters prompted the EPA, along with several lawsuits filed by environmental organizations, spurned the coal combustion residual laws in the first place. In 2008, the retaining wall at a coal ash pond at the Tennessee Valley Authority Kingston Fossil Plant ruptured and released 5.4 million cubic yards of coal ash, contaminating the Emory River channel. The spill decimated the surrounding area, buried houses and killed wildlife. Over a decade later, it still sickens or has killed many of the cleanup workers, with some dying of ailments ranging from leukemia to brain cancer. The Kingston incident is regarded as the largest industrial spill in the nation’s history. In 2014, a coal ash pit managed by Duke Energy ruptured and spilled more than 39,000 tons of toxic coal ash and 27 million gallons of untreated ash pond water into North Carolina's Dan River, which supplies water in North Carolina as well as Virginia. It took a week to stop the spill. The sludge caused 70 miles of the river to turn into a thick chalky grey-brown mess that killed wildlife. he incident prompted North Carolina to pass the nation’s strictest laws regarding coal ash management. The statute, which took effect September 20, 2014, mandated that all ponds in the state would be closed by 2029, effective October 2014, any new coal ash ponds were banned and continued use of ponds at closed power plants is prohibited. By the end of 2019, all power plants had to be converted to the disposal of dry bottom ash or shut down. The law also required that coal ash pond owners identify any residential wells within half-mile down gradient of the site, identify which wells need to be sampled, and pay for the sampling. The MEC report recommended that EGLE and the state legislature should require utilities to report groundwater monitoring data for toxic heavy metals, and insists the state agency should thoroughly evaluate findings from alternative source demonstrations. It also recommended that EGLE and the EPA should completely restore groundwater conditions directly affecting lower-income communities. Responding to the report, Margie Ring, EGLE’s state solid waste engineering coordinator, said the state’s environmental authority has taken some of the MEC’s suggestions into consideration. She said EGLE is working with the state’s biggest coal ash polluters to complete site assessments and take corrective action to stop any potential impacts on groundwater. “A few of the sites under investigation were later shown not to have impacts to groundwater as a result of the coal ash storage or disposal impoundments, but if the coal ash remains in place, they are still monitored by EGLE,” Ring explained. “If the ash has been removed, and the groundwater or surface water has not been impacted, the facilities are clean closed and are no longer subject to regulation under the coal ash regulations. “ Ring explained the state has had coal combustion residual regulations in place since 1979 and the agency has worked closely with the EPA since it enacted the coal combustion residual ruling in 2015. EGLE in 2018 helped enact a state law further regulating coal ash disposal, essentially codifying the 2015 federal coal ash rules to grant EGLE an enforcement and oversight role which the agency had previously not had over coal ash disposal. “In addition, we are seeking EPA approval of our permit and licensing program and are also moving ahead with clean-up and closure plans of both active and closed sites in Michigan,” said Ring. “We have yet to calculate a dollar figure on the costs to move coal ash from ponds to landfills. It would depend on a variety of factors, including whether it is taken to a commercial landfill or a utility-owned facility. The cost will be paid by the utilities. Most utilities have included these costs in their rate structures over the years, so much of the cost has already been factored into the ratepayers costs.” Ring explained under the state’s 2018 solid waste law, coal

utilities by 2020 either had to close operations and remediate the site or come under the program’s licensing program. Ring said EGLE is working with the federal government to best coordinate discrepancies between state and federal rulings to assure that utilities are adhering to state and federal laws. “We have been regulating coal ash landfills and surface impoundments where waste was intended to remain in place for over 40 years in Michigan,” explained Ring. “At the sites where groundwater contamination was detected, we have put remedial and corrective actions in place, such as containing the contaminated plume. We have done that at several sites around the state, and still have several active impoundments we will be closing in the next few years.” In contrasting views between EGLE and environmental organizations, Ring would not describe alternative source demonstration testing as a loophole mechanism intended to let utilities off the hook for contamination. She explained that the testing wells are positioned to test water before it flows underneath the ash pond and after it exits the site to measure for any differences in water quality. “We also look at the character of the contamination,” she continued. “Just because contamination is coming off-site from another source, it doesn't mean that there hasn't been a contribution from that facility. EGLE would evaluate the entirety of the situation. If there was a contaminated plume coming off a site, we would want to identify the source and deal with what is causing the contamination.” Ring said though EGLE was conducting some investigations, she was not aware of any significant contamination emanating from coal ash ponds that are impacting drinking water supplies. With plans to cut carbon emissions by 50 percent by 2030 and 80 percent by 2040, DTE has closed many of its last coal-fired electric plants, some ahead of schedule. The River Rouge Power Plant retired in 2021, St. Clair and Trenton Channel coal power plants will be retired later in 2022, and the Belle River Power Plant will stop burning coal by 2028. In the next seven years, DTE Senior Communications Strategist Eric Younan said the company expects to spend approximately $140 million on closing and cleaning coal ash ponds across its facilities, and transporting the waste to its state-licensed landfills, which undergo a license renewal process every five years. The utility has already begun to account for these costs. Additionally, Younan said that EGLE inspects all its coal ash storage facilities every quarter to ensure they are protective of public health, and impoundments have also been regulated for decades under the Clean Water Act and state-issued water permits. ne of the last coal plants that will close in Michigan is DTE’s Monroe Power Plant. It is the state’s largest and accounted for 56 percent of the 1,439,200 tons of coal ash generated annually in Michigan. The MEC report noted that the plant’s most recent well readings around its bottom of ash, fly ash and landfill exceeded safety levels for boron, chloride, calcium, and sulfate, and there were no data records on heavy metal levels. Monroe comprises 400 acres and sits adjacent to a 200-acre peninsula that juts into Lake Erie. The site is also bordered by Plum Creek near LaPlaisance Creek. Its bottom ash pond was constructed in Lake Erie by taking a low area of the lake and building up an earthen dyke to separate the holding pond from the lake. There are no impervious liners to separate the coal ash waste from the groundwater or the nearby lakes and rivers. With Monroe slated to close by 2040, Younan explained that Monroe’s bottom ash basin will close in 2023 and will comply with the specific regulatory timelines to complete the closure of landfills and impoundments. Contesting the MEC’s findings that DTE is submitting incomplete data, Younan explained the utility has installed groundwater monitoring wells around every coal ash impoundment

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unit that falls under the 2015 coal combustion residual law and their data records are complete according to state and federal law. “Where we disagree with the MEC findings is that we sample groundwater every six months, submit those results to the EPA and the data is available publicly on the agency’s website,” Younan asserted. “Our groundwater plans have been approved by the state as part of operating licenses. And those plans not only say what we're going to test and how we test it, but they also say what you do with those results to make sure that there are no problems.” “The bottom line is, we don’t have any leaking landfills or impoundments at Monroe,” emphasized Robert Lee, DTE Manager of Environmental Strategy. ”We have been adhering to state coal ash regulations for 40 years. We did have an issue with the River Rogue Power Plant, as we detected contamination around one of the bottom ash basins very early on when we began testing in 2015 following the EPA rule. We were not sure the contaminants were coming from the bottom ash basin, but we were extremely proactive in addressing the contaminants in the groundwater, which was contained, collected and treated.” Lee contends that MEC has misinterpreted the data from the monitoring groundwater wells, which he said is consistently collected and reviewed in adherence with state and federal laws. “If you look at that data in a vacuum or out of context, you can try and reach your conclusions,” he said. “We have shared our concerns with the MEC on their findings and this is public knowledge. But outside the contaminants detected at River Rogue, we do not have any leaking contaminants impacting ground or surface waters. We stand behind our reports and the plans the state has approved.” Consumers Energy’s coal ash ponds have also received scrutiny. The Environmental Integrity Project in 2019 reported elevated and unsafe levels of cobalt, molybdenum and sulfate in ponds at the D.E. Karn plant, which sits next to Saginaw River and Saginaw Bay on Lake Huron. The organization also reported high levels of arsenic, beryllium, cobalt, lithium, and sulfate in groundwater around the defunct J.C. Weadock plant that sits along the Saginaw Bay shoreline. Consumer’s largest coal plant is the operating JH Campbell Plant in West Olive. It produces 14 percent of the state’s coal ash. Its 2019 records show it increased its coal ash production from 199,000 tons to 204,000 tons. It is slated for partial closure by 2031 and full closure by 2040. The coal plant sits just thousands of feet away from the Pigeon River and one mile from Lake Michigan. The utility has repeatedly reported runoff exceedances for antimony, boron, lithium, and selenium into ground and surface waters, though drinking water sources have not been threatened. roundwater reports from 2020 submitted to the EPA state that contamination is being managed through coal combustion residual management procedures, including groundwater remediation technologies. Consumers permanently capped pond A in October 2019, and continues to monitor groundwater conditions around the site according to state and federal coal combustion residual rules. Pond A was closed and capped in October 2019, yet the pond is still unlined. The landfill is slated for a 2040 closure with the ash to remain capped in place. In a written statement, Linda Hilbert, executive director of Environment, Sustainability,and Laboratory Services at Consumers, said that the utility has complied with state coal combustion residual regulations since 1978, and none of its plants are near any sources of drinking water, such as residential wells or intakes. Hilbert wrote that the utility has monitored groundwater around its sites since the 1980s and said that closing unlined ponds and landfills will ultimately improve water quality. “In June 2021, Consumers Energy filed a proposal to end coalfired electric generation at all company locations by 2025 as an update to its Clean Energy Plan,” wrote Hilbert. “This clean energy

transition plan will help Michigan’s environment by reducing carbon emissions, reducing emissions of criteria pollutants, and reducing water usage and coal ash waste from our system each year. As Consumers Energy is transitioning away from coal as a fuel source for electricity, we remain committed to safely and permanently closing coal ash ponds while meeting or exceeding all federal, state, and local regulations. “ Hilbert stated that Consumers Energy has closed all its unlined surface impoundments at coal-fired generating complexes ahead of federal requirements. Coal ash landfills supporting coal-fired generation will close as complexes are decommissioned. Derrell Slaughter, Michigan Clean Energy advocate of the National Resources Defense Council who sits on Whitmer's Council on Climate Solutions, said Consumers is moving in the right direction. “Many of these coal ash reserves are located near Black and indigenous people of color communities who have borne the disproportionate brunt of health problems as a result,” said Slaughter. ”The best-case scenario would be for the utilities to quickly move ahead with plans to transfer the coal ash unlined impoundments to licensed and lined landfills.” hough Consumers maintains that elevated levels of contaminants are not threatening drinking water around the JH Campbell plant, there has been some seepage into surrounding lakes and tributaries. Slaughter said this problem is echoed throughout the state, especially in downriver and western Michigan, where poorer communities live, work, recreate and fish. “Many of these areas around coal plants have populations who maybe in the past could not move away or put up a fight. Or, they were unaware of the hazards coming from coal ash,” said Slaughter. “Now, folks are waking up and forcing these utilities to do something about it. It may have taken a long time, but we are fighting simultaneously to put coal in the past while addressing the past’s coal pollution.” DTE’s Younan is quick to point out that Monroe sits amidst the vast Detroit International Wildlife Refuge – a 6,000-acre wildlife and wetlands preserve. Nature enthusiasts flock to the area to observe the array of species, from the amphibious box turtle to expanding numbers of Eastern fox, owl, and pelicans. Nearly every year (save for cancelations caused by the pandemic), DTE partners with the U.S. Fish and Wildlife Service to let a limited number of nature enthusiasts get a closer observation of the increasing numbers of American bald eagles that nest in and around the plant’s facility. Younan said that the U.S. Fish and Wildlife Service takes blood and feather samples from egrets. Because eagles sit at the top of the food chain, if there were evidence of contaminants leaking from coal ash impoundments, it would show up there. “We have an understanding of Lake Erie based on what's in the blood system of these eagles,” said Younan. “The groundwater is safe because (the U.S. Fish and Wildlife Service) has not found any problems. These eagles are thriving because the lake is thriving with fish to feed them. It is a testament to the fact that industry and nature can both prosper together.” But environmentalists like Russ from the Environmental Integrity Project contend that what is not seen at the surface or in the air is lurking below. It is only a matter of time before leachates of coal ash that remain in unlined pits dug right in the embankment of Lake Erie do their damage. “One of the problems of coal ash is that you often don't see the problem because it's underground,” explained Russ. “Most of the contamination is still sitting in the coal ash ponds waiting to slowly seep into the groundwater if enough of the coal ash comes into contact with water. The ponds themselves are toxic to wildlife, and the EPA has made that clear.”

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Nancy Tellem ancy Tellem is paving the way for women in Detroit to hit their professional stride by pairing them with women who wish to mentor them as one of the founders of BasBlue, a non-profit networking organization housed in a renovated midtown Detroit mansion. As president of CBS Entertainment, Tellem has overseen programming for CBS since 1998, and was number three on Hollywood Reporter’s 2003 Power 100 of Women in Entertainment. A native of California, Tellem moved to metro Detroit in 2015 when her husband, Arn Tellem, took on the position as vice chairman of the Detroit Pistons. “I’ve spent my entire life in California and my career was pretty much entrenched there when Arn had the opportunity to work with the Pistons,” said Tellem, who now lives in Bloomfield Hills. “The more time I spent in Detroit, the more amazing women I met, who are either just starting out their career or moving back to Detroit and looking for a career change.” Tellem realized many of these women did not know one another because “they all seemed to stay in their own lanes.” She also observed that Detroit was lacking a gathering space to amplify professional and mentoring opportunities for women. That marked the impetus for Tellem and her associate, Nike executive Natacha Hildebrand, to create BasBlue, a non-profit space for women dedicated to creating pathways and opportunities through connection, mentorship and personal development. BasBlue is housed in a three-story renovated mansion at 110 East Ferry Street. Tellem encourages all women to visit the first floor that includes a restaurant and a café featuring food supplied by women-owned or operated farms and bakeries. Other floors reserved for members feature a library, work and meeting spaces. A lower floor hosts a health and wellness center complete with locker rooms and showers. BasBlue has welcomed hundreds of women and nonbinary people through its doors since it opened in October 2021, and its membership continues to expand. This year the organization’s Trailblazers-in-Residence program will award up to 100 complimentary memberships to innovative thinkers. “Women applying to be Trailblazers range in all ages and backgrounds,” explained Tellem. “Some have retired from one career and are looking to restart another, while others are young women coming out of years of volunteer work trying to figure out their paths.” Tellem said BasBlue’s rapid growth reflects the desire of women who want to participate and cultivate mentor-mentee relationships, a concept that was hard to come by early in her own career path. “When I was starting out, there were few women mentors available because there were very few women in the fields I was pursuing,” said Tellem, a mother and grandmother. “Sure, there were women lawyers, but partners of the law firms were men. When I transitioned to the entertainment field, there were even fewer women in those top positions. All the while, I was challenged on how to balance my professional goals with my personal ones of marriage and having children.” While researching the concept for Basblue, Tellem discovered that larger cities offered for-profit exclusive social networking clubs with expensive membership fees, but none modeled the mission she was after – creating a level playing field that focused on professional mentorship for all women. “The word ‘club’ engenders the idea that BasBlue is unattainable to most. BasBlue is a space for all women.” Tellem said seeing her vision of BasBlue turn into reality has been extremely gratifying. “I love how women are drawn to this space, knowing they can come here, even during a pandemic when most are isolated and working remotely. We have created at BasBlue a space that balances both professional and personal gathering.”

Story: Stacy Gittleman

DISTRICT COURT FUNDING ISSUE COMBING THROUGH THE MAZE OF MONEY OPTIONS BY LISA BRODY

hat if there wasn’t a court to go to if you had to deal with a traffic ticket or a legal case. In the communities covered by the 48th District Court – Birmingham, Bloomfield Township, Bloomfield Hills, West Bloomfield, Sylvan Lake, Orchard Lake and Keego Harbor – it's not a farfetched consideration as the communities bicker over funding for the court and consider opting out of subsidizing it entirely, despite statutory requirements mandating financing the court. A key provision lacking in the statute is it does not state how to finance the court, leaving it to local municipalities to figure it out themselves. In Michigan, there is a dual court system, one run by the state; the other, a federal system. Most of the court cases the general public deals with on day-to-day basis is in the state court system, which functions from the district court to the circuit court, and then to the Michigan Appeals Court and the Michigan Supreme Court, which is the final determining spot. District court is the first stop for most criminal cases, as well as for traffic tickets and misdemeanor cases. They're located in local jurisdictions. In Michigan, there are three different classes of district courts: first class, second class and third class district courts. They all serve the same function.

First class district courts serve the entire county where they are situated, and are paid for by the county. In 77 counties in Michigan, this is the way the community has a district court, Tom Boyd, Michigan State Supreme Court Administrator, and former district court judge in the city of Mason, in Ingham County, explained. Second class district courts are county-funded courts that do not cover the whole county, such as the 52nd district courts in Oakland County, in Novi and Rochester. “They only exist in six counties in Michigan – Wayne, Oakland, Macomb, Washtenaw, Ingham and Kent counties,” Boyd said. Then there are third class district courts which cover specific local jurisdictions within a county and are funded by the local communities they cover. Oakland County's 48th District Court is a local example.

oyd said that one of the reforms in the 1963 Michigan Constitution was the elimination of the justice of the peace system because it had become subject to corruption. “They became paid for their signatures,” Boyd said. The 1963 state Constitution directed the state legislature to create within five years a new system of limited jurisdiction courts, which in 1967-1968 became the district courts. “The legislature in 1967 thought district courts were county entities,” Boyd said. However, Wayne County, which he said had enormous clout at the time, with both a huge population as well as politicians with statewide influence, said, “no way,” as did Oakland County. “Wayne County said if we can't have county courts, we'll have city courts,” Boyd said. “Wayne County is the only county in the state that has no second class courts – meaning no county courts at the district level.” There is the 36th District Court, just for the city of Detroit, funded by the city of Detroit, within Wayne County, but it is a third class district court. It is the only court in the state that is just for one municipality. The rest of the county is served by hybrid third class district courts. “There used to be 12 to 13 counties with second class district courts, but now there are only six,” Boyd said. “Genesee and Kalamazoo counties were the last two to convert (to first class courts). More have consolidated back to first class countywide courts. It's definitely the trend.” “Michigan's system for funding its courts is byzantine,” pointed out Diane Hartmus, JD, associate professor for political science, Oakland University. “There are more than 165 methods in Michigan of funding courts. There have been challenges at the state level (to funding).” Justin Long, associate professor, Wayne State University Law School, concurred. “It's a very strange funding system – not to say it's uncommon. They're state courts that perform a state function, but they're not funded by the state, which immediately creates a conflict because anytime you have a gap between a role or function of an institution and it's funding, it opens up a door for problems because it can create a conflict in who is funding and how. “The state has its own priority of maintaining courts for its own purposes, such as regulating disputes between private parties, to enforce criminal laws passed by the state legislature, and to provide a forum for people with claims against their own government,” Long said. “Whereas the county and other local governments have their own priorities, like roads and sewers, that have nothing to do with courts. So for those funding units, it's always going to be a conflict between the state's goals, which are carried out through the courts, and the counties and local governments, which actually pay for it.” Long said the mandate upon counties and local governments to fund the district and circuit courts is not the same thing as an unfunded mandate, “but it has the same political impact. Who bears the brunt of it is the people who need the courts to protect their rights.” Boyd explained that every Michigan Constitution going back to 1835

mandates that penal fines go to libraries. It is largely how libraries in the state were funded. Yet, at some point in the World War II era, he said, some were determined to not be penal fines but local ordinances. “Police could get money back because it's not a penal fine,” Boyd said. “District courts were designed to fix that, and they just haven't. Therefore, if it's a fine from a state law, it goes to the libraries. Otherwise, it stays local.” In 1983, libraries in Saginaw sued the district courts in Saginaw County, asking where their money was, alleging the courts had created a work around. The courts lost. “It took 30 more years for a case to get to the Michigan Supreme Court in People v Cunningham, to say, 'what are you talking about? What are the costs?' The legislative response in 2017 was to create the authority for courts to charge for court costs.” Local district courts handle all misdemeanors, traffic tickets, pretrial criminal actions and arraignments. “It's the first stop in the criminal court process,” Hartmus explained. Circuit courts are the trial courts with the broadest power in Michigan. In general, the circuit court handles all civil cases with claims of more than $25,000 and all felony criminal cases, and where the accused, if found guilty, are sent to prison. “We're not unique,” Hartmus noted. “Other states have crazy funding systems, but some states have simple funding methods. Michigan has a system where a lot of the money comes from traffic tickets. The assumption a lot of us have is that when there are funding shortfalls, the police need to go out and write more tickets.” West Bloomfield Supervisor Steve Kaplan disavows that assumption, noting that it costs the township and police department to send officers to the court when a member of the public fights a ticket. “It's illegal anyway,” Kaplan, a former prosecutor, said. “It's a violation of state law to have quotas.” Boyd concurred, noting it is against all collective bargaining agreements. Kaplan also said West Bloomfield loses money for every ticket it writes. “It often gets marked down to a non-moving violation with no points if the person has a good record. The court will impose fines and costs of $200. What happens to the $200 – the money is disbursed to the state, the library fund, the county. West Bloomfield will get about $40 of that,” he said. “We as a municipality have to send police officers to court, pay timeand-a-half with a two-hour minimum to that officer, and then it's one fewer officer on the road if it's on his shift.”

artmus said Michigan has a complex statute on how district courts are funded, going back to the 1963 Constitution, with the Michigan legislature then creating the three different classes of district courts. Subsequent legislation determined funding models, but not requirements for how to fund certain courts, including in Oakland County, the 48th District Court, which just required the seven local communities to fund it – but did not establish a specific system. According to a 1988 document by Citizens Research Council, “Adoption of the 1963 Michigan Constitution mandated certain changes in the structure of the state judiciary. Specifically, Article VI, Section 26, of the 1963 Constitution required that the offices of circuit court commissioner and justice of the peace be abolished and a court or courts of limited jurisdiction be created by the Legislature before January 1, 1969. Prior to the 1963 Constitution, justices of the peace were elected township government officials with limited jurisdiction in both criminal and civil matters. Cities in Michigan maintained “municipal” or “police” courts which superseded the jurisdiction of the justice of the peace. In 1968, the Legislature implemented the 1963 constitutional mandate by creating a district court system in Michigan (P. A. 154 of 1968)… P. A. 154 of 1968 originally created a total of 99 district courts. Thirteen of these districts included an additional 16

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election divisions, thereby potentially creating 115 autonomous district court units. The legislation abolished municipal courts and police courts; however, the governing body (or bodies) of any newly created third-class district could retain its municipal or police court by adopting a resolution within seven days after the effective date of the 1968 act. Several jurisdictions opted to retain their municipal courts rather than allow a new district court to be created… Of the 99 district courts originally created by the Legislature in 1968, 53 were to be funded by county governments.” In Oakland County, the 52nd district court covered the county, exclusive of the cities of Madison Heights, Ferndale, Hazel Park, Royal Oak, Berkley, Huntington Woods, Oak Park, Pleasant Ridge, Southfield, Lathrup Village, Farmington, Sylvan Lake, Keego Harbor, Orchard Lake Village, Birmingham, Bloomfield Hills, Troy, Clawson, and Pontiac and Royal Oak, Southfield, Farmington, West Bloomfield, Bloomfield, and Waterford Townships, meaning those municipalities had to create local district courts and fund them. The Citizens Research Council noted: “In every Michigan county except Oakland that operates a county-funded district court, the jurisdiction of the county-funded court is either countywide or includes only the rural townships and small cities within the county. In Oakland County, there are municipalities included in the county-funded court while other municipalities in the county are required to finance their own district courts. “The current district court arrangement in Oakland County creates an inequitable situation because the 52nd District Court (county-funded court) is not a self-supporting enterprise. The county general fund is required to subsidize the operations of the court. As a result, taxpayers in the third-class (locally funded) district courts, in effect, are required to pay for the operation of two district courts. Their local tax dollars are used to finance the operation of the local district court and their county tax dollars are used to finance the operation of the county-funded district court. Taxpayers in the second-class district court, however, only pay for court services once. Their county taxes are used to finance the second-class district court.”

oyd noted that “court funding is a patchwork quilt that puts judges in a bind because in a lot of places they're responsible for court funding, and that can cause at least the appearance of conflicts of interest. The judicial branch's currency is trust and public confidence, so it's important that people don't think we're just out for their money.” In 2019, the state judiciary studied the funding issue after the legislature created the Trial Court Funding Commission in 2017, to review Michigan's trial court funding system, putting out “Trial Court Funding Commission Final Report,” of which Boyd was the chair. “The commission has unanimously concluded that the existing system is broken, and it is imperative to create a stable and consistent funding source for Michigan trial courts that removes trial court judges from the role of raising money for the operation of the courts,” the report's summary states. Among its key recommendations are to address the problems of: A real or perceived conflict of interest between a judge's impartiality and the obligation to use the courts to generate revenue; inadequate funding from all sources due to excessive dependence on local government funding; and unequal access to justice harming those who are most vulnerable and have the least access to financial resources. The report notes the current system is dependent upon court assessments (fees, fines and costs) to generate substantial revenues to fund about one-third of court operations. The balance comes primarily from local operating funds. “While a significant portion of the court assessments are sent to the state government, very little is ultimately appropriated from the state's general fund to actually fund the trial system. Tens of millions of dollars are transferred to other state functions that do not directly support

courts,” the report states, while pointing out, “Local government units are the largest source of funding for trial courts.” The recommendation from the report is that “the state must access responsibility and act to ensure adequate funding for trial courts with local government continuing to play a role in providing funding and support of the judiciary. A rebalanced state/local partnership is necessary to meet the fundamental duty that everyone has equal access to justice.” This general recalibration is playing out on the local court level, as the municipalities which have historically funded the 48th District Court – are undergoing a re-examination of their long-term funding agreement, and it is even causing neighboring communities to turn on one another.

ccording to a 1985 funding unit agreement for the court, Birmingham, Bloomfield Township, Bloomfield Hills and West Bloomfield were the four municipalities funding the court, meaning they provided annual funding for court operations and maintenance in response to budget requests from the court based upon the percentage of their community's use of the court, in return for a two-thirds return of their receipts, while Sylvan Lake, Orchard Lake and Keego Harbor, considered too small to finance the court, submitted their tickets and court cases, and in return, received one-third of their revenue. A disagreement about who should fund the court appears to have begun with funding balance shortfalls from the court during the Covid19 pandemic. As with many businesses – and make no mistake, the court is a business – during the pandemic, the court was shut down for lengthy periods of time, staffers were laid off or worked remotely, court cases were postponed due to shutdowns, delaying fines and court costs, less police tickets were written – meaning there was a severe decline in revenues, and a sharp decrease in receipts returned to the funding communities. Yet the court still had to be funded. In 2020 and 2021, former Bloomfield Hills Mayor Sarah McClure noted Bloomfield Hills was suddenly paying significantly more to the court than they had ever before, and felt it was disproportionate to the size of their municipality and the percentage of cases they were sending to the court. “We had a $182,000 loss in 2020, and $144,000 loss in 2021,” to the 48th District Court, said Bloomfield Hills City Manager David Hendrickson. “Our overall annual budget is only about $11 million. The city commission wanted to make sure that however the court was funded, it was appropriate, and felt it should be examined.” Hendrickson said they would typically have a nine to 10 percent caseload at 48th District Court. “But in 2020, it went up to 15 percent, not because our caseload dropped, but because Birmingham's dropped 59 percent in 2020, Bloomfield Township's dropped 48 percent, and West Bloomfield dropped 37 percent,” Hendrickson said. “Ours only dropped 17 percent, so our case load percentage went up, meaning we had to fund it more, all due to Covid.” Other municipal leaders said they had instructed their law enforcement officers to stop writing traffic tickets during Covid, when many drivers were not on the roads, while Bloomfield Hills did not, leading to the imbalance. The Bloomfield Hills City Commission decided it no longer wanted to be a funding unit for the court, and while the agreement required a 12month lead notice for pulling out of the agreement – which Hendrickson acknowledged – “We gave notice on October 13, 2021, we were leaving effective January 1, 2022. According to our attorney (Derk Beckerleg, also the attorney for Bloomfield Township and West Bloomfield), it was done appropriately per the contract.” One local leader, who declined to be quoted, said Bloomfield Hills' response was no different than someone pulling their money from their

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401K in a panic during a week when the stock market is down rather than waiting for the market to recover. “Now we're not funding the (court) budget, and instead of receiving two-thirds back from the court, we'll receive one-third back,” Hendrickson said. “I'm not sure if we will come out net ahead. We will see, but I don't think we'll have big fluctuations.” A question arises – what happens if the court recovers financially and Bloomfield Hills wants to recoup their money? Do they once again become a funding unit? Hendrickson said when the city commission examined their case loads they were closer in number to the non-funding communities than to Birmingham, Bloomfield Township and Bloomfield Hills. “We wanted to work as a team with the other communities and the court to figure out a more appropriate funding method, if there is one,” he said. “We owe it to our taxpayers.” Of course, every community owes fiscal responsibility to its taxpayers. But the other three funding units were caught off-guard by Bloomfield Hills pull out, with each of them expressing shock and fury, both publicly and, especially, privately. As new agreements are put into place, anger and distrust are replacing careful and cautious management. The goal is to keep all of the local leaders from taking their toys from the sandbox and stomping home, leaving citizens with a bifurcated court – or seven small hyperlocal and potentially very expensive courts. “The statute says we have to provide for a court. It does not say whether we have to provide for one or seven,” said one. Birmingham City Attorney Mary Kucharek, of Beier Howlett, said the mess of the state statutes “leads to discrepancies of how to fund the court. When Covid hit and the numbers plummeted, all the funding units were funding the same because the court still has to operate. Any offset dropped because cases just plummeted.” She noted that some communities previously were “actually making a profit.” Tom Boyd, the Supreme Court administrator, said, “I am unaware of any acceptable explanation for a court whose total revenue exceeds its total expenditures. It's a broken concept that district courts are the cash cows of local government.”

ith the withdrawal of Bloomfield Hills in late 2021, Birmingham, Bloomfield Township and West Bloomfield created a new agreement to jointly fund the court. As it was being agreed to, Birmingham City Manager Tom Markus felt it might not be in Birmingham's best interest to stay longer than 2022 in the agreement, and proposed in January to its city commission to leave as a funding unit as of January 2023. At this point, the city is remaining in the agreement. “What upset the apple cart was not just Bloomfield Hills leaving, but the other two communities not following the agreement and letting them leave,” said Markus. He feels Bloomfield Township and West Bloomfield, in concert with Birmingham, should have enforced the oneyear opt-out clause. “I do not feel my partners exhausted all the remedies to keep Bloomfield Hills in,” Markus said. “We provided the argument that Bloomfield Hills did not provide the written requirement while we continued to work on it.” Birmingham had questioned certain budget balance discrepancies, Kucharek said, with finance director Mark Gerber and Markus dissecting the court's financials and the financials of the 1985 agreement. However, West Bloomfield Supervisor Steve Kaplan said the court had rectified an accounting error, reduced staff, “and they are operating lean and mean. We don't have any qualms. We have to provide judicial services to our residents.” In December 2021, Birmingham and Bloomfield Township approved budget requests from the 48th District Court for 2022. Bloomfield Township trustees unanimously approved the $4.7 million budget for 2022 presented by court administrator Patrick Dunn, of which Bloomfield

Township is expected to fund 43 percent, or just over $2 million. West Bloomfield is projected to fund 23 percent of the budget, or $1.1 million. Birmingham Finance Director Mark Gerber told commissioners at their meeting that the city paid about $828,620 to the court in 2021, and projects revenue to the city to total about $695,542, a shortfall of about $133,000. The city projects contributions to the court in 2022 to total about $1,584,892.81.

epeated requests for comment from court administrator Patrick Dunn at the 48th District Court were not returned. If Birmingham were to exit the agreement, Bloomfield Township Supervisor Dani Walsh said Bloomfield Township would also leave the agreement, even though the court is in their community. If that were to happen, Chief Judge Marc Barron has stated the court would immediately sue the communities. “The statute does not say Bloomfield Township has to have the court for everyone, to bear the burden for every other community. Bloomfield Township residents should not be responsible for other communities' residents,” Walsh said. “We said to Birmingham, think this through. Birmingham would have to create their own court, and funding their own court would not be beneficial for anyone. We all have a responsibility for our own residents. We tried to point out this is no different than any other service that we share the costs – like the animal shelter or cable services. (Bloomfield Township has facilities for a local animal shelter and cable TV production, both of which Birmingham pays to use in cost-sharing arrangements.)” Kaplan said that, from his reading of the agreement, none of the three remaining communities could opt out until January 1, 2024. Supreme Court Administrator Tom Boyd makes another argument – local units of governments are not empowered to decide that they will not fund the court. “They can't just walk away. The legislature decides what court exists, and courts are funded by the funding units,” he noted. “The statute says, 'All you can do is recoup costs.' If you are just recouping costs, that means you cannot have excessive revenue.” Markus has a new proposal on the table, which was recently presented to the Birmingham City Commission but not acted on. Recognizing that opting out of the current three-party agreement could be a costly proposition, he suggested a possible solution “based on fairness and equity.” In the proposal, all seven communities would be treated equally, and all seven, including Keego Harbor, Sylvan Lake and Orchard Lake, would be required to prefund the court based upon proportionate case load analysis – that way all seven communities would be considered funding units, and it would eliminate the two-thirds/one-thirds methodology. “Tom's formula is a really good one – every community should give funding to the court quarterly in proportion to its case load and its usage of the court, and at the end of the year it would true up, determining the offset of any revenue received,” Kucharek said. “Maybe you make revenue, maybe you pay, but it's based on percentage of caseload. I don't think anyone would have a problem with paying for what you use versus a convoluted way previously. “There's been a lot said that the 48th did not manage their budget well,” she continued. “They maintain they're good stewards of the public's money. This may be a good opportunity for everyone to get clarity about it. It would be good for communities to have quarterly meetings with them and on their finances.” Markus has not yet introduced the concept to the other communities, but Walsh, for one, would be open to its presentation. “Hopefully Tom will bring ideas to the table for all seven of us to look at, and if all seven of us agree, we would have an agreement,” Walsh said, while acknowledging that if even one community did not agree, it would put the kibosh on it. “Ideally, it would be great to have full participation by all the communities,” she said.

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In reality, most patients don’t live near a traditional research site. With decentralized clinical trials, the research can reach a patient at home or in medical settings like a doctor’s office in their own community. “A lot of steps can be done at home, like telemedicine and sending kits to people,” Lemberg said. Curebase has run over 60 studies with more than 60,000 patients, including COVID diagnostic trials during the pandemic. People often hear about the company through advocacy groups and online communities. Lemberg felt he could make a unique contribution to the industry with his computer software and science background. “I’ve been programming my whole life. It came naturally to me,” he said. “I really wanted to do something impactful that affects peoples’ lives.” The benefits are multifaceted. “We try to make clinical trials that anyone, anywhere, can participate in and increase diversity and bring new drugs to market faster,” said Lemberg, who started the company in 2017. “I’m really proud that we’ve had more diversity than the industry average.” He and his company have received many accolades for their efforts. In 2022, Lemberg was named one of Forbes 30 under 30 for making positive global change in healthcare. “It helps me grow the business and get our name out there,” he said. As for what his future may hold, Lemberg hopes to grow the company to run thousands of clinical trials. His motivation is the participants. “We apply software technology to problems that are important to people’s well-being,” he said. “I want to change people’s lives.” Website: Curebase.com Story: Jeanine Matlow

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MUNICIPAL Birmingham upholds district court pact By Kevin Elliott

The Birmingham City Commission at their meeting on Monday, January 24, agreed to uphold an intergovernmental agreement with Bloomfield Township and West Bloomfield to fund the 48th District Court, located in Bloomfield Township. The court, which serves Birmingham, Bloomfield Township, Bloomfield Hills, West Bloomfield, Sylvan Lake, Keego Harbor and Orchard Lake, is funded in large part by fines and fees from court cases generated by each municipality. Under an agreement reached in December, Birmingham, Bloomfield Township and West Bloomfield are responsible for pre-funding the court, and receive a portion of revenues back. However, the funding units also absorb costs when revenues fall short of funding responsibilities. Birmingham City Commissioners in December said they planned on opting out of the funding agreement in favor of receiving a smaller return on revenues and foregoing the agreement, as some other communities served by the court have done. Under the agreement, the city is required to give notice of opting out of the agreement by January 31, with the formal exit occurring on December 31. Birmingham City Commissioners on Monday, January 11, had been presented with a motion to opt out of the agreement, but stopped short of taking action following an update from Bloomfield Township. “We were told clearly by the Bloomfield Township Supervisor (Dani Walsh) that if we opt out and if we give notice to opt out, that they too will opt out and cease being a funding unit,” city attorney Mary Kucharek said. “If that happens, despite the fact that the court is in their political subdivision, there’s not a funding unit for the court. The court still has to be funded, and it will.” Additionally, Kucharek said Walsh said the township would cancel its lease with the court, which is located in the township’s government complex. Should that happen, Kucharek said it’s likely the court would file legal action against the township for breaching its lease agreement for the building. 48th District Court Chief Judge Marc Barron also indicated that the court would take legal action to downtownpublications.com

Outdoor dining restrictions removed By Kevin Elliott

irmingham City Commissioners on Monday, February 14, approved removing temporary restrictions on outdoor dining patios to allow for fixtures and furnishings to remain outside overnight. Commissioners and planning board members met last year to discuss an ordinance amendment to allow for year-round outdoor patio dining, which has traditionally ended on November 15 each year for patios that extend into the public’s right-of-way. In December, the planning board approved language to remove restrictions and allow outdoor fixtures to remain outside overnight, although at a February 9 meeting they discussed adding those restrictions again. City commissioners approved the proposed ordinance amendments. However, additional amendments are expected later this year as the planning board completes its comprehensive analysis of outdoor dining ordinances. Commissioners approved the amendments by a vote of 6-0, with commissioner Clinton Baller absent. Under the approved changes, outdoor dining may be permitted on the sidewalk throughout the year with a valid outdoor dining license issued by the city. All tables and chairs must meet city standards. Table umbrellas will also be considered under site plan reviews and can’t impede sight lines. In regard to outdoor dining in the public’s right-of-way, the use will be subject to a license from the city. Further, all uses must maintain an unobstructed sidewalk width of no less than five feet; written permission is granted from neighboring properties if dining extends into its right-ofway; that elevated platforms in the street require approval by the city’s engineering department to consider parking and traffic conditions; and no permanent fixtures be installed or erected in the public right-of-way. Birmingham Planning Director Nick Dupuis said the language presented was straightforward, and that additional issues will be addressed in the future. “It’s pretty simple, in my opinion,” Dupuis told city commissioners. “We struck three sections (of the existing ordinance) and opened it up for restaurants to permit what is essentially year-round outdoor dining. I will mention that this is understanding that we were also directed to do a full, comprehensive review of the current outdoor dining standards, which is still underway. I think we are getting very close. Expect something to come before you in April or May.”

ensure the funding of the court, if the agreement were to dissolve. Kucharek said litigation could be extremely costly, and the court’s portion of those costs would still be paid by Birmingham and the other communities served by the court. She said the intent of opting out of the agreement was based on Bloomfield Hills opting out of the agreement last year. Bloomfield Hills, until 2022, was a “funding unit” of the court. As “funding units,” the municipalities share in the vast majority of funding the operations and maintenance of the court. As such, funding communities receive a larger return on fines paid to the court when its income outweighs expenses. Likewise, funding communities are responsible for covering shortfalls, if revenues fall short. Funding communities typically receive as much as $50,000 or pay more than

$100,000, varying each year. Birmingham City Manager Tom Markus said the city was opposed to Bloomfield Hills opting out of the agreement last year without giving adequate notice. However, he said Bloomfield Township and West Bloomfield agreed, at the advice of their attorney, who represents both townships and Bloomfield Hills. “We didn’t think this was a good idea, but the concept was clear. Bloomfield Hills was going to get out and not pay expenses, and that was clear,” Markus said. “At that meeting, I asked if it were okay if we got out, and they looked at each other and said, ‘I guess so.’” Kucharek said it was believed that Birmingham would be treated the same way as Bloomfield Hills when it decided to opt out of the agreement. However, she said that hasn’t been the case.

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Further complicating the matter was disagreement between the court and city as to how much the city actually pays and is projected to pay for court operations each year. Birmingham Finance Director Mark Gerber said he believes the court’s analysis of funding and returns isn’t accurate. Birmingham City Commissioner Elaine McLain asked whether a mediator and outside auditor could be involved to go over the cost to the funding units and help reach an equitable agreement. “There’s no reason this can’t work, but we need independent parties and fresh eyes,” she said. Commissioner Clinton Baller agreed, motioning that the commission should direct Markus and legal counsel to investigate the matter further with the intent of reaching a new agreement. “There’s some craziness going on here – cuckoo,” Baller said. “Not on our part, but these threats from the township, the numbers being so far off and we’re still not getting anybody saying, ‘yeah, you’re right.’ I think we need to tell you what you’re suggesting you do and sit down with them to get into some good faith negotiations, and come back to us.” “It sounds like you’re making a motion to direct the city manager to direct the city and staff to work in conjunction with the 48th District Court to demonstrate the funds and balances and to participate with the other six jurisdictions to come to a resolution on how to fund the court in what we believe would be an equitable way,” Kucharek said. “So moved,” Baller said. Commissioners unanimously approved the motion, thus remaining in the current agreement.

Township continues investment policies By Lisa Brody

Bloomfield Township Trustees unanimously approved maintaining their four investment policies, with minor adjustments as needed, at their meeting on Monday, February 14. Treasurer Brian Kepes explained the four investment policies, the Defined Contribution Investment Policy, Defined Benefit Investment Policy, Retiree Health Care Investment Policy and the township's General Investment Policy, had each been reviewed at board study session on January 26, and by the township's financial sustainability committee. 59

Planners stall plans for triangle building By Kevin Elliott

lans for a new four- and five-story, mixed-use building in Birmingham’s Triangle District were stalled on Wednesday, January 26, as the city’s planning board requested additional information from developers about traffic and first-floor retail use. The proposed building would span an entire block, bound by Worth Street, Haynes, a public alley and Adams to the east. The project aims to combine parcels, currently containing Citizens Bank, 1000 Haynes, and a two-story office building at 770 S. Adams. The project does not include the corner parcel at 720 S. Adams, formerly the Plant Station. The project, if approved, would total 222,771 square feet, and include 138 expansive residential units, with about 5,000 square feet along Haynes Street dedicated to commercial use on the first floor. The plan also calls for an on-site parking garage for residents. The project is proposed by FHS Birmingham, which includes the Forbes Group, Hunter Pasteur and Soave Enterprises. Randy Wertheimer, CEO of Hunter Pasteur Homes, said the project aims to establish a level of high-end luxury units with a level of amenities that doesn’t exist in Birmingham or southeast Michigan. “We are talking about a state-of-the-art workout facility and work from home spaces where people can leave their unit and go in a private Zoom or conference room in a common area,” he said. “The pool deck with BBQ stations and gathering spots can be used eight months of the year. There are fire pits and interior amenity spaces, room for wine tastings, club rooms and tremendous gathering spaces.” Planning board members reviewed a community impact study (CIS) for the project, and reviewed a preliminary site plan. However, board members postponed final decisions on both issues until February to allow the developers to address questions and concerns from board members. Two key points of contention board members discussed included a transportation study related to the impacts of the project, as required by the CIS. Board members indicated additional information was needed by the applicant before approval of the full impact study could be made. Planning board members Janelle Boyce, Robin Boyle, Stuart Jeffares, Daniel Share and Bryan Williams voted to postpone the decision. Board members Scott Clein, Jason Emerine, Bert Koseck and Nasseem Ramin recused themselves from the issue due to potential conflicts of interest. Board members took larger issue with the lack of retail space on the first floor of the project along Adams Road. The city’s long range development plans for the area call for first-floor retail space in mixed use buildings, with few exceptions. Nico Schultz, senior vice president of real estate for Soave Enterprises, said the parking limitations along Adams pushed the design to favor first-floor residential units along Adams, rather than retail. Planning board members recommended shifting some retail planned along the first floor of Worth Street, which also includes several interior amenity spaces. “I’m not sure how this is different than what we have at All Seasons, which on a daily basis frustrates me and some other board members when we drive by and say, ‘we got that one wrong,’” said board member Stuart Jeffares. Williams also said he was uncomfortable approving the preliminary site plan without the transportation issue in the CIS being resolved. Further, he recommended the applicants consider suggestions about increasing retail space along Adams. Boyce said the lack of any retail along Adams was a “deal breaker” for her. “It will end up being a sidewalk with a block wall for the entire length along Adams,” Boyce said, referring to the raised elevations and stairways to the first-floor units. “I don’t think we could have a less inviting streetscape.” Board members voted to postpone consideration of the preliminary site plan until February.

Kepes said the defined benefit assets are held in the Prudentialmanaged Guaranteed Deposit Account. As of January 1, 2022, the rate for existing money is 2.55 percent and 1.5 percent for new money. At the study session, Brian Green of AndCo updated the board and committee on the investment results for calendar year fourth quarter and fiscal year to date at December 31, 2021. The 2021 fiscal year to date performance for the Defined Benefit Equity Portfolio is 8.85 percent. Noteworthy stocks and funds were highlighted. Since inception, invested proceeds from the issuance of the 2013 Pension Obligation Bonds have yielded a return of 10.86 percent, he reported. Schwartz & Co. manages the Defined Contribution Investment Policy for the township, where the results of the 401(a) fund investments in 2021 of $16.6 million were examined relative to the previous year and their peer benchmarks. The performance of the funds investments retiree health savings plan in 2021 of $3.8 million were examined relative to the previous year and their peer benchmarks. Municipal employees have the availability to take advantage of the 457(b) Plan similar to the 401 (a) Plan. The plan currently contains $35.8 million in assets and most funds are performing as expected, trustees were informed. Kepes said the only changes to the General Investment policy was to remove some banks which had merged or had changed names.

Birmingham seeks Woodward road diet By Kevin Elliott

Birmingham City Commissioners on Monday, January 24, unanimously approved a resolution seeking enhanced pedestrian and multimodal features along Woodward Avenue and to have the Michigan Department of Transportation (MDOT) consider a road diet for Woodward Avenue. The city has long pleaded with MDOT to address safety concerns along Woodward, citing dangerous crossings across the state trunkline. State representatives put additional pressure on MDOT in late 2021, following the death of a Birmingham woman in September who was hit while attempting to cross Woodward at Forest/Brown. The death followed an August 2020 hit and run fatality of

a pedestrian who was struck by a vehicle while attempting to cross the roadway. Birmingham City Planner Brooks Cowan said the city is now pursuing a study of pedestrian enhancements and a road diet. The study is the first step in MDOT approving such enhancements. The study will include an MDOT Road Safety Audit from Quarton to 14 Mile roads; performing a road diet study to reduce Woodward Avenue to a six-lane divided boulevard from Quarton to 14 Mile Road; evaluating the pedestrian crossings at signalized and unsignalized intersections; calculating gaps and identify additional crossing locations; reviewing signal timing along Woodward where pedestrian walk times can be increased; reviewing the use of service drives/parking areas along Woodward to determine how to increase pedestrian connectivity and reduce vehicle speeds; reviewing SMART bus stops and pedestrian connectivity across Woodward; and redesigning access at S. Old Woodward and Woodward intersections to improve safety. Birmingham Planning Director Nicholas Dupuis said all of Birmingham’s various master plans related to Woodward differ in some manner regarding design recommendations, however they all share a consistent theme that Woodward Avenue’s current design creates numerous hazards for pedestrians, cyclists and public transportation users. All of Birmingham master plans related to the Woodward corridor recommend that the road be redesigned to accommodate pedestrian and other multi-modal safety enhancements, he said. Commissioner Brad Host asked if there is any way for the city to speed up the process and have measures taken prior to the study being done. “This is a process that is required to get something tangible,” city manager Tom Markus explained. “We didn’t do a road diet study before.” Markus said improvements, if approved, wouldn’t be expected until next fall. “You’re talking a very lengthy time before you see any physical improvements associated with that,” Markus said. “This is all part of MDOT’s process. You can’t get anywhere unless you go through their process.” Commissioners unanimously approved the resolution seeking the study.

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Mixed use districts eyed in master plan

MUNICIPAL

By Kevin Elliott

irmingham Planning Board members are nearly finished with the second review of the city’s 2040 Plan, which will serve as the longrange planning document for the city, following the board’s meeting on Wednesday, February 9. The city received the second draft of the master plan in October, and the planning board has reviewed several chapters in the following months. On Wednesday, the board met to review Chapter 4 (Support Mixed-Use Districts) and Chapter 5 (Advance Sustainability Practices). Matthew Lambert, with DPZ Co-Design, which is the city’s consultant on the project, highlighted several recommendations in the chapters for board members. In terms of mixed-use districts, the plan recommends continuing with the improvement of the Maple and Woodward District by activating sidewalks; adding connections to public space and supporting parks; and addressing parking imbalances between residential and commercial use. To do so, Lambert recommended pursuing updates with the city’s multimodal and parks and recreation plans. Lambert also recommended establishing Market North, on N. Old Woodward, as a distinct district. “Historically, the one-third mile-long Market North – Old Woodward retail district has been viewed clearly different from the core downtown,” he said. “It has now become a dining and shopping destination of its own. North Old Woodward has transitioned from a collection of fine art galleries into a busy district. This district requires its own identity, branding and focus on its specific needs independent of other districts.” Additional mixed-use recommendations includes the implementation of Hayes Square; adopting a South Woodward Gateway plan; and keeping plans “loose” in the Rail District. Board member Daniel Share commended the recommendations overall, but said the plan was too specific with some recommendations, such as the type of seating that should be used in public spaces. Other areas of the plan, he said, are out of line with the direction the city is moving. “There’s a statement referring to outdoor dining enclosures,” he said. “I’m not sure that’s what we are going to have in a master plan. We just had a discussion (about prohibiting them.)” Lambert said some of the specific recommendations came out of the extensive public surveys conducted. Chapter 5 – Advance Sustainability Practices, focuses on green designs, recycling and other sustainability practices. Lambert recommended the city establish a sustainability board to oversee recommendations in the plan, such as the implementation of Leadership in Energy and Environmental Design (LEED) certification standards. The plan also recommends expanding recycling and composting; installing green stormwater infrastructure; and improving the Rouge River natural area. Share said LEED certification standards may prove to be problematic in the future, and could discourage development based on cost issues. Additionally, Share recommended the city take a regional approach to stormwater, working with neighboring communities and the Oakland County Water Resources Commission. Board member Bryan Williams said the city needs more buy-in from residents who would be impacted by the South Woodward Gateway Plan before promulgating it in the master plan. Chiefly, he said, the city must address noise and traffic speed along Woodward in the area. Planning board chair Scott Clein challenged his fellow board members at the meeting to complete the review and implementation of the master plan, rather than get bogged down in critiques. “Respectfully, I’m more than a little frustrated from what I heard. If we strip away everything in the master plan, what is the point of doing it,” he asked. “Do we want 14 Mile to Lincoln to look the way it does now? We have been actively surveying comments from the public for two damn years, so any thought that we need more – I challenge us to push forward on finishing this plan, rather than sitting in more analysis paralysis and sitting here in another two years and not having pushed forward on anything.” The board will meet on Wednesday, March 9, to review the final chapters of the plan prior to forwarding recommendations to the city commission, which will give direction to DPZ Co-Design on the third and final draft of the plan.

Water and sewer rate plans to be studied By Lisa Brody

Bloomfield Township Trustees, at their meeting on Monday, February 14, reviewed and discussed a new water and sewer financial plan and considered rate options and impacts following a study session, which will next be presented to residents at a town hall on March 9, and further discussed and voted on by trustees at their meeting on April 11. Olivia Olsztyn-Budry, engineering and environmental services director, explained that over the past several months, Raftelis has been working with the township in developing the water and sewer financial plan and considering rate options and impacts. She said operating expenses include the costs for the purchase of water from Southeast Oakland County Water Authority (SOCWA) and the purchase of sewage conveyance and treatment in the Evergreen Farmington Sewage Drain (EFSD) by the Oakland County Water Resource Commissioner's Office (WRC). Operating expenses also include the local township costs such as personnel costs, repair and maintenance, and many others. Water usage in the township has been declining. Collin Drat of Raftelis said the financial plan includes determining the revenue needed by considering projected operating expenses, capital needs, cash flow forecasts and reserves for financial sustainability. Previous to the water and and sewer rate study, the township considered the financial requirements for calculating the rates on an annual basis. The plan also considers the estimated water purchase from SOCWA. “The objective is to determine the level of revenue needed, and to look at all revenue forms as the basis for rate calculation for fiscal year 23,” he said. Drat explained the township currently has fixed charges: there is the debt charge per residential equivalent unit, called REU based on usage; and the readiness to serve (RTS) per customer, which is a flat rate charged regardless of size. There is also a volume charge, which is the same charge per 1,000 gallons. Eighty-seven percent of the water and sewer customers are single family residential. About 51 percent of the total residential and commercial water and sewer

customers use 20 units (20,000 gallons) or less per quarter. About 79 percent of the total residential and commercial water and sewer customers use 40 units (40,000 gallons) per quarter or less. The choices before trustees are one, to consolidate RTS and Debt Charges (REU) into a single charge based on customer meter size; two, apply fixed charges to secondary irrigation meters, of which about 3,000 water customers currently have. The current rate structure does not apply any fixed charges to the secondary irrigation meter. The third option is to maintain uniform volume charges for the quarterly billing schedule rather than to switch to monthly billing. Trustee Neal Barnett said he was looking for “stability for the system, and to have money in case we have emergencies, as well as equitable charges for our residents. Adding a secondary meter charge is probably a good idea. Down the road, it's probably a good idea to consider a monthly bill.” Treasurer Brian Kepes said he felt plan 1B “provides the best for everyone, funds the system and provides the consistency we need.” “This is really a discussion about equity versus predictability and stability,” said trustee Michael Schostak. “Currently, 75 percent of our costs are fixed. Equity comes from usage.” “This is drastic. We are not going to make everyone happy, but we don't want to hurt anyone,” said supervisor Dani Walsh.

Township, county okay cell tower lease By Lisa Brody

Bloomfield Township Trustees on Monday, January 24, unanimously agreed to amending a long- term agreement between Bloomfield Township and Oakland County that permits the county to lease a cell tower from the township for new public safety broadcast equipment. Township Attorney Derk Beckerleg explained that in 2004, Oakland County built a 220-foot tall cell tower at Exeter and Andover roads on the Bloomfield Township campus to operate a countywide public safety radio system. Upon completion of the tower construction and final acceptance of the tower, ownership of the tower was transferred from Oakland County to Bloomfield Township in exchange for lease space

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on the tower for the county' s equipment for $1. “As a result of that transaction, the county and township in 2004 entered into a lease agreement for a 15-year term ending in 2019, with three additional terms of five years each,” Beckerleg explained. “Currently, the county is installing a new countywide public safety communications system to be integrated into the Michigan Public Safety Radio Communications System, and they are switching over to a Motorola system that will benefit the township.” Beckerleg said that along with the new system, the county is also adding other equipment so Oakland officials are seeking to extend the lease to December 31, 2037. Beckerleg said this necessitates the township and county to enter into a new amendment to the original agreement. This is the second amendment. He said the Oakland County Board of Commissioners approved the amendment agreement on September 2, 2021. Township trustees unanimously approved the amendment.

City pushes for Next long-term school lease By Kevin Elliott

City officials in Birmingham at their meeting on Monday, February 14, pushed for Birmingham Public Schools and Next, the organization that provides senior service programming for the city, to reach a long-term lease agreement for use of the Midvale School, 2121 Midvale. Next is a 501(c)3, private non-profit organization that has provided senior services for four decades, including educational programming, art, fitness and other services. Next is funded through grants, donations, fundraising and participation of the four communities in the agreement. The organization has been located at the Midvale School since 1995, under a verbal agreement with the school district. Next provides services to seniors in Birmingham, Bingham Farms, Beverly Hills and Franklin Village. Birmingham City Manager Tom Markus said Next uses about a third of the building. “I would say the verbal arrangement has been discussed on and off with various superintendents, and they have not had any conclusion for Next to have a written agreement,” Markus said. “Securing a long-term written agreement would allow Next to 68

Roncelli cleared of wrongdoing in accident By Lisa Brody

ormer Bloomfield Township Clerk Jan Roncelli was cleared of all civil responsibility in a fatal pedestrian accident on Maple west of Coolidge in Birmingham on September 22, 2020, after the estate of the deceased filed a civil lawsuit against her and Bloomfield Township. Birmingham police and the Oakland County Prosecutor's Office had previously declined to file criminal charges. In January 2022, Oakland County Circuit Court Judge Victoria Valentine signed an order dismissing the plaintiff's complaint against Roncelli, with prejudice and without costs, interest or attorney fees. On September 22, 2020, at 3:30 a.m., Birmingham police dispatch reported they received a 911 call from the driver, a female from Bloomfield, who stated she hit a person while driving westbound on Maple. Roncelli told officers she passed through the intersection of Maple and Coolidge on a green light when she struck the pedestrian. Roncelli reported she was coming home from working at a family business. Officers located a 30-year-old male from Birmingham who was laying in the roadway who succumbed to his injuries. Toxicology reports determined the man, Bradley Bauer, had a drug alcohol level of .34 and was using tranquilizers. It was determined Roncelli did not have any drugs or alcohol in her system, and from accident recreation and the accident report, it is believed Bauer ran into the driver's side of Roncelli's vehicle as she passed through the intersection. Surveillance photographs from near the crash site indicate Roncelli's vehicle had been stopped at a red light at Maple and Coolidge and the light had just turned green when the accident occurred. It did not appear Bauer was in a crosswalk. Roncelli was not charged in the accident. Roncelli, like other elected officials at the time and township department heads, was given a township-issued SUV, which she was driving at the time of the accident. Subsequently, Bloomfield Township officials changed the policy and no longer drive township-issued vehicles. Roncelli retired as township clerk in November 2020. In a closed session during the township's board of trustees meeting on January 10, trustees met to discuss a proposed settlement agreement with the estate. It is expected to be announced at an upcoming township board meeting, and is expected to be a moderate five-figure settlement between Bloomfield Township and the estate.

develop long-range plans for physical improvements to the building and expand the footprint of the Midvale space to meet the growing demand for services. That presumes that if there were a lease, that would be addressed.” Markus presented city commissioners with a resolution of support for a long-term written agreement to house Next services and to operate at Midvale School in Birmingham. The resolution, which was passed 60, with commissioner Clinton Baller absent, is a supportive statement for Next in their request to Birmingham Public Schools for a long-term agreement. Further, the resolution “encourages the citizens of Birmingham to communicate their support for a long-term written

agreement (lease) to the Birmingham Public School Board and Superintendent.” The support stems from concerns voiced last year that the school district may seek to sell the building in the future, leaving the Next without a home. Markus said the city provides about $123,000 each year to Next for services, or about 67 percent of what it receives from supporting communities. However, he said Birmingham and the other communities’ participation would likely increase as Next firms up its future. “There is merit to having a serious conversation about what their future is within the school facility going forward,” Markus said. “I would argue you need to have that before you can even consider alternative facility

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locations. We did note that this could result in a change in expenditures going forward, and I think our participation will go up over time. They need to have a place to operate, even if they go to another facility.”

Brilliant Earth jeweler opening in downtown By Lisa Brody

Brilliant Earth, which bills itself as the global leader in ethically sourced fine jewelry, will be opening a store in downtown Birmingham in late spring or early summer in the new building under construction on Pierce Street where The Varsity Shop once stood. According to sources, Brilliant Earth, which recently went public, will take the first floor of the new five-story mixed use building. It is believed Schecter Financial Group will occupy floors three and four, and another commercial user will be on the second floor, with residential on the fifth floor. Brilliant Earth currently has 14 stores and an active online presence. The business was created in 2005 by founders Beth Gerstein and Eric Grossberg in San Francisco, where it is headquartered. According to its website, Brilliant Earth's mission is to cultivate a “more transparent, sustainable and compassionate jewelry industry. We believe in creating jewelry you can feel good in wearing, without ever compromising between quality and conscience,” Gerstein said on the website. They are a certified and audited member of the Responsible Jewelry Council, the industry's leading ethical standard. Brilliant Earth uses Beyond Conflict Free (TM) diamonds, which are selected for their ethical and environmentally responsible origins, and strives to use 100 percent recycled precious metals “to help diminish the negative impacts of metal mining.” The firm's ring boxes are crafted from wood sourced from certified forests. Brilliant Earth is a certified Carbonfree® company, partnering with Carbonfund.org to offset carbon emissions by contributing to tropical rainforest conservation in Brazil.

Sweetgreen opening casual salad spot By Lisa Brody

Sweetgreen, a popular fast casual salad restaurant originally out of Washington D.C., will be opening its first local location in the former 03.22

Grabbagreen spot in downtown Birmingham. Sweetgreen was started on August 1, 2007, two months after three friends graduated from college in Washington D.C. “We started Sweetgreen as three college students, Jonathan Neman, Nicolas Jammet and Nathaniel Ru, who were simply looking for a healthier way to eat,” they state on their website. “When we were in school, there were two choices: food that was slow, expensive and fresh – or fast, cheap and unhealthy. We saw an opportunity to create a business where quality was never sacrificed for convenience.” Menu items include salads such as their blackened chicken salad, steelhead remoulade, potato potato salad, guacamole greens, kale or farmhouse caesar, garden cobb and super green goddess. Other menu items include warm bowls, from a fish taco bowl and chicken pesto parm bowl to a shroomami bowl and crispy rice bowl. They also incorporate local bowls to locations and patrons can make their own salads with favorite ingredients. Sweetgreen's mission includes a commitment to becoming carbon neutral by the end of 2027 and make every effort towards sustainability. The business works closely with food suppliers to help implement industry-leading strategies for carbon minimization. In addition, “We optimize our building materials from construction to furniture, investing in clean energy, and industrial equipment to make a minimal impact. Our restaurants are designed to contribute to a more sustainable future by embodying our values in a tangible way while broadening access to real food across the country.”

Long-range plans for Birmingham discussed By Kevin Elliott

The Birmingham City Commission met for more than eight hours on Saturday, January 22, to discuss longrange planning needs and forecasts with each of the city departments. Commissioners hold the special Saturday planning session each January, which includes a five-year financial forecast; a recap of public services; engineering projects, updates from the planning department, the Birmingham Shopping District, police, fire, the library, museum, and administrative departments. Birmingham City Manager Tom Markus said the meeting was one of the most comprehensive discussion of long-range plans and projects in the city, with insight from every department. Overall, he said this year is expected to be a slow year for recovery for all cities, as they face a tight labor market and low unemployment. In terms of tax revenue, the city should see an increase in property tax revenue spurred by new development as property values rose about 5.5 percent over the past year, and are expected to grow another 5 percent this year, said Birmingham Finance Director Mark Gerber. Oakland County Commissioner Chuck Moss, who spoke as a citizen during the public comment portion of the meeting, questioned what the city intends to do with unused office space that has gone underutilized since the pandemic. “If people aren’t coming back – and they aren’t – what is going to be our base,” he said. “The idea that neighborhoods need to be addressed is pre-COVID. The real question now

is what is going on with downtown and the offices?” The topic came up for discussion when Birmingham Shopping District (BSD) Executive Director Sean Kammer discussed challenges facing the district, as higher rents place a strain on existing tenants, which may not be able to cope with costs. “Available retail space is running low,” he said. “Although a low vacancy rate is something that any downtown should strive to achieve, this change in circumstances presents its own set of challenges. It signals that the BSD must shift its policies in accordance with the new environment in order to stay relevant. The shortage of available retail space and existing high demand results in high rent rates.” Commissioner Clinton Baller recommended the city look at ways of expanding retail to second floor locations in the shopping district as a way of opening up additional retail space in the district. The city’s engineering department presented updates to several capital outlay projects, including the backyard sewer and water master plan, which is expected to be complete by 2024. The city has also replaced nearly half of all lead service line connections in the city, with 398 connections remaining. The city, which has 20 years to replace all lead service lines, is on schedule to be completed within four years. Additional capital projects include the third and final phase of the Old Woodward reconstruction, scheduled for this summer; the city’s concrete sidewalk and sewer rehabilitation programs; as well as paving about a mile of unimproved roads. Birmingham resident Paul Regan pressed commissioners to consider bonding additional money to undertake unimproved roads in the

city, rather than relying on special assessment districts. Markus said a bond would complicate the matter, as improving those roads includes additional elements, such as water and sewer lines, sidewalks, streetscapes. Other projects in the works were presented by the city’s planning department, which included an update to the city’s 2040 Plan and long-range master plan, as well as planned pedestrian safety upgrades for Woodward Avenue. Planning Director Nick Dupuis discussed the Birmingham Green strategy that was formalized in January 2021, which uses a green approach to sustainability and environmental protection. The strategy focuses on green stormwater infrastructure, historic preservation, encouraging solar energy, investing in parks, open space and tree canopies, and the Rouge River. “Pushing this green strategy in the community is very important,” Markus said, following the presentation. “We are already behind the curve, and we need to be a leader with this.” In terms of staffing, the city is facing issues related to succession and development planning. Human Resources Manager Joseph Lambert said the city has had significant staffing problems. “Many of our filled positions have no realistic pathway to a succession plan,” he said. “The city has had significant staffing challenges due to the high number of departures and retirements from all levels of administration, technical and management. The non-union division had 11 resignations or retirements since 2020.” While the city hired 22 new fulltime employees in 2021, the majority of administration/management

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employees have under five years in their roles. As such, the city has an opportunity for education and training. Succession plans were a point of discussion with Birmingham Police Chief Mark Clemence, who said the department will be losing four command staff over the next year, including his own departure in January 2023. With a new parking manager on staff at the city, the wait list for parking structures has been pared down to less than 600 people, with structures currently having an average occupancy of 55 percent. Markus encouraged commissioners to undertake a strategic plan to address some of the current issues facing the city and address some of the long-range planning issues. He said such a plan could be developed by a professional facilitator to guide the process. “A strategic plan has a goal as it relates to what gets recommended in the budget. It’s different than a longrange plan,” he said. “There’s no better time to be doing this, with new commissioners on the board and those with some terms ahead of them.”

Township to try for infrastructure grant By Lisa Brody

After learning that the township did not qualify for objectives for the Drinking Water State Revolving Fund (DWSRF) grant from the state of Michigan, Bloomfield Township trustees unanimously voted to have staff pursue an Oakland County infrastructure grant at their meeting on Monday, February 14. Director of engineering and environmental services Olivia Olsztyn-Budry noted that at a December board meeting trustees had approved her applying for a grant with the state of Michigan for the Drinking Water State Revolving Fund (DWSRF) and the Clean Water State Revolving Fund (CWSRF). “The engineering and environmental services department submitted a DWSRF ITA (intent to apply) for replacing water mains along Maple Road, Lahser Road and 14 Mile Roads; and a CWSRF ITA for rehabilitation to sanitary sewers found during the SAW Grant televising,” she said. The department has since met with the state, and learned “the state is being directed to address 72

Small plates spot Sybil in Palladium okayed By Kevin Elliott

inal approval for the Sybil restaurant that will feature small plates and craft cocktails in the Palladium building on Hamilton Row was granted by the Birmingham City Commission on Monday, February 14. Sybil, 211 Hamilton Row, is a 1,194-square-foot establishment with space for 30 people inside, as well as room for a dozen outdoor patio seats. The building space, located in the former Cryobalance location, is owned AF Jonna but the restaurant is owned by Aaron Belen of the AFB Hospitality Group, who also owns The Morrie in same building, allowing the two dining establishments to share kitchen space. Described as a small intimate setting, Sybil will operate Wednesday through Sunday until 2 a.m., with Monday and Tuesday reserved for private party bookings. The restaurant will use an existing Class C liquor license in escrow with AF Jonna. Commissioner Andrew Haig questioned the width of the proposed outdoor dining area and whether it would allow for adequate room for pedestrians and meet ADA requirements. Birmingham City Planner Nick Dupuis said the city worked with the applicant to reduce the width of the patio to add an extra foot to the adjacent walking path area. Plans for the restaurant went before the Birmingham Planning Board in December, with board members recommending approval for a special land use permit and final site plans and design review. The planning board recommendation came with three conditions for approval, including that specification sheets for proposed outdoor table and chairs meet the city’s zoning ordinance; the applicant, Aaron Belen, submit sign plans for review to the planning board; and that the applicant comply with all requests by city departments. Dupuis said the conditions had been met. City Commissioners approved the plans by a vote of 6-0, with commissioner Clinton Baller absent. “I’m really glad this area is being activated,” said mayor pro tem Pierre Boutros. “It’s been a long time, and this is an iconic building, and that area hasn’t been activated.”

disadvantaged communities, lead service lines, and projects that address emerging contaminants.” She said they could continue along this line, but the state has already received more than $700 million in requests, exceeding their funding, “and the township's request would not be on their prioritized funding list.” The next step is the preparation of a plan, which would cost approximately $40,000. Trustees unanimously agreed to have the department discontinue work on the two grants. Olsztyn-Budry said since they have become aware of an Oakland County local critical infrastructure planning grant. “The township is eligible for this grant for project planning, engineering, analysis, or other related professional services. The required grant match is 50 percent and the maximum amount of grant funds a community can receive is $100,000, for a total of $200,000,” she said. Trustees unanimously approved

the township applying for the county grant.

New principal for high school hired By Lisa Brody

Bloomfield Hills Schools Superintendent Pat Watson announced on Thursday evening, January 27, that following rounds of interviews, Lawrence Stroughter Jr. has been hired as the new principal of Bloomfield Hills High School, and he began Monday, February 7. Stroughter was presented to the district's board of education on January 27. He previously was principal of Farmington Hills Harrison High School. Charlie Hollerith, who was in his eighth year as principal of Bloomfield Hills High School, had previously announced his retirement for the end of 2021. Watson said the district partnered with an external search organization

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to assist them in the hiring of the next Bloomfield Hills High School principal, and the first round of interviews consisted of candidates participating in four interviews with four key stakeholder groups: students, staff members, administrators, and community members, including members of the board of education. The second round of interviews consisted of candidates participating in one interview with a combined group of community members, students and staff stakeholders, and another interview with an administrator group. “After each round of interviews, the stakeholder groups debriefed and provided direct feedback on the candidates. A final interview took place between candidates and myself, and a small group. In addition to interviews, a thorough vetting process took place,” Watson said. “Throughout this process, I was particularly impressed with Mr. Stroughter’s commitment to building strong relationships with his teams and students, focusing on socialemotional learning, and leading instruction.” Stroughter comes to Bloomfield Hills Schools from Farmington Public School where he served as assistant principal of Farmington High School and principal of Harrison High School, where he participated in a number of leadership roles outside of his primary job description including membership in Farmington Public Schools’ Positive Culture Development Team, Wellness Team, and Equity-Oriented Strategic Planning Team. He also had leadership roles at Plymouth-Canton Community Schools and Detroit Public Schools. Stroughter has a master’s degree of education from Wayne State University and a bachelor’s degree of science mathematics education from Alabama State University. He continues his education as he pursues a doctorate of educational leadership from Eastern Michigan University. “The hiring of a principal is one of great responsibility. As you know, the principal is the leader of the school, curator of the culture, and the guide to student achievement,” Watson said of choosing the next head of the high school. 03.22

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Aki Choklat rowing up in Finland, Birmingham resident, Aki Choklat, had a love of fashion from an early age. When he was two years old, his father bought him a pair of red cowboy boots that he laughingly remembers refusing to take off. This led to childhood drawings of cowboy boots – and a footwear designer was born. However, it was not a linear journey to the fashion industry. Choklat first attended Brigham Young University in Utah where he studied political science and international relations and was able to intern at the U.S. Capitol. He recalls, “While politics were not for me, I learned how diplomacy works and how to deal with people in power, which are both helpful in life.” After graduating from BYU, Choklat moved to New York City and worked for CBS News and American Express until his early 30s – when he decided to embrace his true calling. He quit his job, cashed in his savings, and moved to London where he started his own shoe label. “I made every mistake, lost money and decided to go back to school for a master’s degree at Royal College of Arts,” Choklat says. “I am a textbook example of how you can change your life if you’re not happy with it.” Choklat worked for many years in the fashion industry, based in London and Florence. He led his own international label of shoes and accessories as well as design collaborations with other brands. He taught at one of Italy’s top fashion schools, Polimoda, and in England at London College of Fashion and De Montfort University. He has also authored four design books including Footwear Design, which is considered an important shoe design industry resource. In 2015, Detroit unexpectedly came calling. Shortly after Choklat casually mentioned to his husband that it might be fun to work in the U.S., he was contacted about an opportunity to develop a new fashion accessories design program at College for Creative Studies (CCS) in Detroit. He was intrigued. After meeting with a CCS representative in London, Choklat flew to Detroit for an interview. “I just knew the minute I stepped into CCS that I needed to be here. I was so impressed with the facilities and the people were so nice. I was shown a 6,000 square foot empty floor and was told ‘create whatever you want here.’ I was quite honored by the offer.” Choklat explains, “Fashion accessories is a growing business and represents billions in revenue annually. CCS is one of the few institutions with this type of program.” The Fashion Design program at CCS blends the study of apparel and accessories design as a business and craft. Choklat is currently the college’s Chair of Fashion Design. “CCS is like a little family. I’m surrounded by youth and enthusiasm all day and it keeps you young. It’s a really good atmosphere.” As Choklat helps educate and mentor the next generation of fashion professionals, he wants his students to know the often harsh realities of the fashion industry. “I don’t want to be a dream crusher, but fashion is a tough business. Media gives a false impression of the industry – that it’s easy, but it’s super difficult,” says Choklat. “Anyone interested in fashion needs to study fashion, really study it and take courses. There are so many facets of the industry.” “Detroit has the opportunity to be an incredible fashion destination,” Choklat muses. “There are little pockets of discovery in Detroit and the state – a sense of history and future and that anything is possible here. I really enjoy my life here. This is my most important experience.” Website: www.akichoklat.com

Story: Tracy Donohue

Photo: Laurie Tennent

FROM THE BSD

FACES:BUSINESS A decade ago Downtown Newsmagazine first pioneered a monthly feature – FACES – in which we profile people who either currently live or grew up in the communities of Birmingham, Bloomfield Hills or Bloomfield Township – each with a unique story to tell. We took this popular feature to a new level in recent years with profiles of members of the business community serving the Birmingham/ Bloomfield area in a special section – FACES:BUSINESS. For 2022, we are producing another edition of FACES:BUSINESS, this time in our June issue. FACES:BUSINESS will be printed in full color on a heavier glossy stock and run through the center of our June issue of Downtown, reaching over 40,000 readers and the publication will be posted on our website until the next time we produce this special section. Our photographer will come to your location to capture you as the business owner or manager and our writers will work with you to refine your story. You will be featured in a full (10 X 13 inch) page photo, with prominent display of the name of your business, your name, business address and phone, along with your business website, Facebook and Instagram address if you have them. And then a 250-word story that tells our readers something about you and your business. This is a perfect promotional advertorial section for both retail businesses or professional businesses, like lawyers, wealth managers, realtors, or doctors, for example – anyone trying to reach the affluential residents in the Birmingham–Bloomfield area. Once you decide to participate in this special section, our photographer will contact you to schedule a photo shoot and our news department will reach out to tell you how you can supply us with some initial information about your business. Then one of our writers can contact you to get further information. You can review your final story before we go press. The final sales deadline for this special section is Friday, April 22. Mark Grablowski will be your sales contact person for this special section. He can be reached at our office (248.792.6464, ext. 601), cell phone (586.549.4424) or by email at MarkGrablowski@DowntownPublications.com. A special publication of Downtown Newsmagazine 124 W. Maple Road • Birmingham MI 48009

The Birmingham Shopping District Celebrates 29 Years of Operation It’s that time of year when the Birmingham Shopping District sends out special assessments to property owners in the district. It’s also that time a year when many who receive these tax bills ask “Just what is the Birmingham Shopping District and what do they do?” If cities choose to establish a downtown management organization, they have several models to select from. Many cities in Michigan opt for downtown development authorities (DDAs). These are special districts that divert annual incremental increases in tax revenue toward funding local developments – a method referred to as tax increment financing (TIF). There are also corridor improvement authorities and business improvement zones. Some downtowns across the country are managed by private nonprofits, which include partnerships with chambers of commerce and economic development alliances. Finally, there are principal shopping districts, of which some notable examples include Downtown Lansing and the city of Rochester. Sean Kammer Downtown Birmingham is also managed by a principal shopping district. In Birmingham, the principal shopping district, known as the Birmingham Shopping District, or BSD, is a semi-autonomous branch of the city. It is governed by a 12-person board of downtown stakeholders that include residents, business owners, and property owners. Board members are appointed by the city manager and confirmed by the city commission to serve four-year terms. The Birmingham Shopping District is responsible for promoting the downtown as a commercial destination for shopping, dining and entertainment, but the BSD does so much more to manage and promote the downtown. It provides services, organizes events, and maintains the district along with the Department of Public Services. The BSD covers four main areas of management for the downtown, including maintenance and infrastructure, economic development, special events, and marketing and advertising. Included in these goals is fostering a vibrant sense of place in the downtown, which is attractive for so many office firms that provide professional services. On July 14, 1992, Michigan Public Act 146 was signed into law, which serves as the legal basis for the BSD. It allows cities to establish principal shopping districts and outlines their powers and sources of funding. The Birmingham Shopping District was formed on September 14, 1992, when the city commission adopted ordinance 1534, which formally established the principal shopping district and board. On January 14, 1993, the BSD held its first meeting. Later in 1993, the city commission approved the first assessments to fund the shopping district. The BSD is funded with special assessment dollars, which is a form of tax paid by property owners in the district beyond the regular property tax. The BSD is composed of two districts, each with a separate assessment rate based on the square footage of commercial property. District A composes the core of the downtown, while District 1A covers the downtown’s periphery. This area includes the section of North Old Woodward Avenue north of Euclid as well as what is referred to as the Triangle District. For the past twenty-nine years, the BSD has helped downtown Birmingham stay competitive, attract investment and talent, and has contributed to an attractive sense of place that has maintained the city’s status as a shopping and dining destination. Birmingham continues to be a highly sought-after market, as evidenced by recent announcements from Restoration Hardware and CB2 and the diversity of small and medium sized businesses. Having a downtown management organization has helped Birmingham stay competitive over these three decades as it continues to enjoy success and economic growth. Sean Kammer is the Executive Director of the Birmingham Shopping District.

DOWNTOWN

03.22

BUSINESS MATTERS Men’s, women’s clothing The former Evereve location on S. Old Woodward is not staying vacant for long, as national retailer Faherty confirmed they are opening a store at 128 S. Old Woodward in downtown Birmingham in 2022. “It will be a full fledged Faherty store with men’s and women’s apparel!” they said in an email to Downtown Newsmagazine. Faherty casual, high quality men’s and women’s clothing inspired by the Pacific Northwest, “where the surf is good, the trees are old and anchored, and the seafood is fresh,” they say on their website. “Faherty is a family-run business fueled by purpose and optimism. Our goal: to build a new American legacy by creating high-quality, sustainably-minded, feel-good favorites that will bring you joy to wear.” The business was created by Alex Faherty, chief executive officer, a former football player at Yale, who previously worked in finance and private equity; his wife, Kerry Docherty, chief impact officer, is a lawyer with with a background in human rights and mindfulness. She uses Faherty’s platform to create community and conversation through the event series, Sun Sessions, which spotlights good people doing good work. Mike Faherty is chief creative officer. He spent almost a decade learning his craft under Ralph Lauren, and his passion is in fabric design and exploring innovative blends to create the perfect hand-feel. Faherty’s materials utilize 77 percent sustainable fibers, “like organic cotton, ethically sourced cashmere, recycled polyester, linen, and hemp. We strive to use non-toxic dyes and water-efficient processes.”

Bank branch in Birmingham The Bank of Ann Arbor has opened a branch of its newly launched Asset Based Lending Group in downtown Birmingham at 260 E. Brown Street. This new branch location houses retail banking, commercial lending, and asset based lending was acquired from Nicolet National Bank after formerly being part of mBank. “We are excited to join the very successful team at Bank of Ann Arbor who have built a welcoming culture for its clients, employees, and community,” said Ed Lewan, president of Asset Based Lending at Bank of Ann Arbor. “Asset Based Lending offers another banking solution for organizations with special circumstances. Our downtownpublications.com

team works directly with the client to assess their needs and find a solution.” Lewan said he joins the team with more than 35 years of banking experience, most of which has been in asset based lending. He and his team provide services to organizations who may have experienced rapid growth, profitability challenges or other events that may make traditional bank financing unavailable to them.

Let the

Gentlem

Take Ca en Movers re of Yo ur Move !

Sporthaus bids adieu Legendary ski shop Don Thomas Sporthaus, 690 S. Old Woodward, Birmingham, closed in early 2022, and with it, a more than 70-year legacy came to an end. For decades, Don Thomas Sporthaus was the onestop premier shop for all ski and snowboard needs. The store carried everything from skis and boards to boots, bindings, outerwear and more. Then, in the summer, they were fully equipped with kayaks, paddleboards, bathing suits, clothing and accessories. The store was no longer owned and operated by the legendary Don Thomas, who sold the store in 2005. Word is the pandemic, along with supply chain issues, hit the store particularly hard. Bob Thomas, Don’s son, is working to keep the legacy alive at Vertical Drop Ski Shop in Clarkston.

248-674-3937

www.changingplacesmovers.com

Lic #: L-21897

Feeling Overwhelmed? Career • Family • Aging Parents

25 years of treasures Twenty-five years in business for any small retailer is a huge achievement – and in the recent business climate, even more so. Crimson Rose, an eclectic antique store located at 205 Pierce Street in downtown Birmingham, has been called “a small gem of a store,” and to those ‘on the hunt’ for collectibles, it is an apt description. Purveyor Sandra McElroy offers heirloom quality vintage jewelry, costume jewelry, collectible pottery, china, handbags, silver, and numerous other collectible antiques for those who are beginning or enhancing their collections.

Let us SIMPLIFY your LIFE. GERIATRIC MEDICAL CARE MANAGEMENT • Senior Housing Placement • Aging in Place • Arrange Health Care and Community Services

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Business Matters for the Birmingham -

Serving all of Michigan Since 1991

Bloomfield area are reported by Lisa Brody. Send items for consideration to LisaBrody@downtownpublications.com. Items should be received three weeks prior to publication.

MANAGED REHABilitation Consultants, Inc.

39303 Country Club Drive, Suite A-50, Farmington Hills, MI www.managed-rehab.com | 877-614-6410 or 248-848-9120

DOWNTOWN

THE COMMUNITY HOUSE rediscover new ways to reinvent ourselves, new ways to serve the community, new ways of meeting our stewardship responsibilities and new ways to hand-off the baton of leadership to the next generation. Happy Birthday TCH!

HAPPY 99th BIRTHDAY COMMUNITY HOUSE! HOPE SPRINGS ETERNAL Happy 99th Birthday Community House! Nearly a century ago, April 1923, visionaries and founders of The Community House assembled on the corner of Townsend and Bates Street to establish the first Community House (TCH) in Birmingham. Wow! Thanks to you, what a ride it has been. Next year in 2023, briming with hope and great excitement, The Community House will celebrate its 100th Centennial Anniversary – a rare and almost extinct milestone. Plans are well underway to recognize and celebrate such an important occasion! In reflection of the last two years and looking forward to the promise of the next century of service at The Community House, we take comfort and joy in the timeless phrase “Hope Springs Eternal.” This age-old proverb reminds us that it is human nature to always find a fresh cause for optimism. Alexander Pope wrote in “An Essay on Man” that even in the darkest of times – people always hope for the best – even in the face of adversity. And hope means looking towards the future with confidence. With great reason for optimism – all of us at the historic Community House look towards the future – a bright new future post-COVID, postDelta and post-Omicron, rising from history interrupted, actions taken, future uncertain – looking ahead towards a new millennium with renewed optimism, confidence and Bill Seklar excitement. In anticipation of swinging our black lacquered doors back “wide-open” this spring – we have begun the process of rebuilding our historic nonprofit, charitable organization safely, fiscally and responsibly. We have already welcomed back new and old friends like the Optimist Club of Birmingham, The Birmingham Shopping District, Birmingham Bloomfield Chamber, Birmingham Bloomfield Young Professionals, Communicare Michigan and Project2, and reached out to cherished partners like the Senior Men’s Club of Birmingham, the Women’s Club and the Junior League of Birmingham – to rediscover synergy, friendship, support and respect for one another. While the road ahead remains unpredictable, we are optimistic that we can

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TICKETS ON SALE NOW - THE 2022 BATES STREET SOCIETY DINNER The Bates Street Society was created to help recognize donors who make significant charitable contributions to support the work and mission of The Community House. New members are acknowledged annually at The Bates Street Society Dinner, an extraordinary evening hosted by The Community House Association and Foundation Board of Directors. Out of an abundance of safety and caution, the Bates Street Society Dinner was moved to Saturday, April 30, 2022.. Once again, to help lead this extraordinary gathering, Mr. Huel Perkins, iconic broadcast journalist and American news anchor, will assume the role of master of ceremonies. The Bates Street Society Dinner will also recognize TCH/TCHF’s annual Pillars of Vibrancy in Business, Education, Culture, Wellness and Philanthropy. 2022 Pillars of Vibrancy Honorees include: • Honorable Dave Bing – Business & Culture; Dominic DiMarco – Education; Barry Franklin, Ph.D. – W; Rabbi Daniel B. Syme – Culture; Linda SchlesingerWagner – Business & Philanthropy; S. Evan Weiner – Business & Philanthropy; and Jessie Beld Elliott – Business & Philanthropy. Saturday, April 30, 2022. Seating is limited. Tickets (reservations) on sale now.! Our gratitude and special thanks to founding sponsor, PNC Wealth Management and to Beaumont, TCF Bank, Oakland University, Metalbuilt and Hall & Hunter Realtors for their lead sponsorships of the 2022 Bates Street Society Dinner. Sponsorship opportunities and ad buys are still available. To purchase tickets (reservations) to the BSSD or for more information about sponsorships or ad buys, please contact Christopher Smude, VP, The Community House Foundation at csmude@communityhousefoundation.org.

William D. Seklar is President & CEO of The Community House and The Community House Foundation in Birmingham.

DOWNTOWN

Beauty

(SALON) by J. Lyle Ltd. 235 Willits Alley Birmingham, MI

WELCOME BACK! At Beauty we have gone above and beyond CDC and Michigan regulations to ensure we are implementing extensive health-related safety precautions to protect our clients and team members during the COVID-19 pandemic. So make your appointment now!

248:: 540:: 0046

PLACES TO EAT

stevesdeli.com

Go To Our Website For

OPEN Mon-Sat 9am-7pm Sunday 9am-6pm

DELIVERY

The Places To Eat for Downtown is a quick reference source to establishments offering a place for dining, either breakfast, lunch or dinner. The listings include nearly all dining establishments with seating in the Birmingham/Bloomfield area, and then some select restaurants outside the immediate area served by Downtown.

Birmingham/Bloomfield 220: American. Lunch & Dinner, Monday- Saturday. Reservations. Liquor. 220 E. Merrill Street, Birmingham, 48009. 248.646.2220. 5th Tavern: American. Lunch & Dinner daily. No reservations. Liquor. 2262 S. Telegraph Road, Bloomfield Township, 48302. 248.481.9607. Adachi: Asian. Lunch & Dinner daily. Liquor. Reservations. 325 S. Old Woodward, Birmingham 48009. 248.540.5900. Andiamo: Italian. Lunch & Dinner, daily. Reservations. Liquor. 6676 Telegraph Road, Bloomfield Township, 48301. 248.865.9300. Bangkok Thai Bistro: Thai. Lunch & Dinner, daily. No reservations. 42805 Woodward Ave., Bloomfield Township, 48304. 248.499.6867. Beau's: American. Lunch & Dinner, daily. No reservations. Liquor. 4108 W. Maple, Bloomfield Hills, 48301. 248.626.2630. Bella Piatti: Italian. Lunch & Dinner, Tuesday-Saturday. Reservations. Liquor. 167 Townsend Street, Birmingham, 48009. 248.494.7110. Beverly Hills Grill: American. Dinner, daily. Liquor. No reservations. 31471 Southfield Road, Beverly Hills, 48025. 248.642.2355. Beyond Juice: Contemporary. Breakfast & Lunch daily; Dinner, MondaySaturday. No reservations. 270 West Maple Avenue, Birmingham, 48009. 248.594.7078. Bill's: American. Lunch & Dinner, Daily. Reservations. Liquor. 39556 Woodward Avenue, Bloomfield Hills, 48304. 248.646.9000. Birmingham Pub: American. Lunch and Dinner, daily. Weekend Brunch. Reservations. Liquor. 555 S. Old Woodward, Birmingham. Birmingham Sushi Cafe: Japanese. Lunch & Dinner, daily. Reservations. Liquor. 377 Hamilton Row, Birmingham, 48009. 248.593.8880. Bistro Joe’s Kitchen: Global. Lunch & Dinner, daily. Sunday brunch. Liquor. Reservations. 34244 Woodward Ave., Birmingham, 48009. 248.594.0984. Bloomfield Deli: Deli. Breakfast & Lunch, Monday-Friday. No reservations. 71 W. Long Lake Road, Bloomfield Hills, 48304. 248.645.6879. Brooklyn Pizza: Pizza. Lunch & Dinner, daily. Liquor. No reservations. 111 Henrietta Street, Birmingham, 48009. 248.258.6690. Café ML: New American. Dinner, daily. Liquor. Call ahead. 3607 W. Maple Road, Bloomfield Township. 248.642.4000. Casa Pernoi: Italian. Dinner, TuesdaySaturday. Reservations. Liquor. 310 E. Maple Road, Birmingham, 48009. 248.940.0000. Churchill's Bistro & Cigar Bar: Lunch & Dinner, daily. No reservations. Liquor.

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116 S. Old Woodward Avenue, Birmingham, 48009. 248.647.4555. Cityscape Deli: Deli. Lunch & Dinner, Monday-Saturday. No reservations. Beer. 877 W. Long Lake Road, Bloomfield Hills, 48302. 248.540.7220. Commonwealth: American. Breakfast & Lunch, daily. No reservations. 300 Hamilton Row, Birmingham, 48009. 248.792.9766. Dick O’Dow’s: Irish. Lunch & Dinner, daily. Reservations. Liquor. 160 West Maple Avenue, Birmingham, 48009. 248.642.1135. Eddie Merlot's: Steak & seafood. Dinner, daily. Reservations. Liquor. 37000 Woodward Avenue, Bloomfield Hills, 48304. 248.712.4095. Einstein Bros. Bagels: Deli. Breakfast & Lunch, daily. No reservations. 4089 West Maple Road, Bloomfield Hills, 48301. 248.258.9939. Elie’s Mediterranean Cuisine: Mediterranean. Lunch & Dinner, Monday-Saturday. No reservations. Liquor. 263 Pierce Street, Birmingham, 48009. 248.647.2420. Embers Deli & Restaurant: Deli. Breakfast & Lunch, daily. Dinner, Monday-Friday. No reservations. 3598 West Maple Road, Bloomfield Hills, 48301. 248.645.1033. Flemings Prime Steakhouse & Wine Bar: American. Dinner, daily. Reservations. Liquor. 323 N. Old Woodward Avenue, Birmingham, 48009. 248.723.0134. Forest: European. Dinner, MondaySaturday. Reservations. Liquor. 735 Forest Avenue, Birmingham 48009. 248.258.9400. Greek Island Coney Restaurant: Greek. Breakfast, Lunch & Dinner, daily. No reservations. 221 Hamilton Row, Birmingham, 48009. 248.646.1222. Griffin Claw Brewing Company: American. Dinner, Tuesday-Friday, Lunch & Dinner, Saturday and Sunday. No Reservations. Liquor. 575 S. Eton Street, Birmingham. 248.712.4050. Honey Tree Grille: Greek/American. Breakfast, Lunch, Dinner, daily. No reservations. 3633 W. Maple Rd, Bloomfield, MI 48301. 248.203.9111. Hunter House Hamburgers: American. Breakfast, Monday-Saturday; Lunch & Dinner, daily. No reservations. 35075 Woodward Avenue, Birmingham, 48009. 248.646.7121. Hyde Park Prime Steakhouse: American. Dinner, daily. Reservations. Liquor. 201 S. Old Woodward, Birmingham, 48009. 248.594.4369. IHOP: American. Breakfast, Lunch, & Dinner, daily. No reservations. 2187 S. Telegraph Road, Bloomfield Hills, MI 48301. 248.333.7522. Joe Muer Seafood: Seafood. Lunch & Dinner daily; Sunday brunch. Reservations. Liquor. 39475 Woodward Avenue, Bloomfield Hills, 48304. 248.792.9609. Kaku Sushi and Poke': Asian. Lunch & Dinner. Tuesday-Sunday. No reservations. No Liquor. 869 W. Long Lake Road, Bloomfield Township, 48302. 248.480.4785, and 126 S. Old Woodward, Birmingham, 48009. 248.885.8631.

DOWNTOWN

DINE-IN/CARRY-OUT/CATERING 6646 Telegraph Rd. (At Maple Road) Bloomfield Plaza 248.932.0800 • Fax: 248.932.1465

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The Birmingham/Bloomfield area is filled with discriminating diners and an array of dining establishments. Make sure the message for your restaurant reaches the right market in the right publication—Downtown. Contact Mark Grablowski for advertising rate information. O: 248.792.6464 Ext. 601 MarkGrablowski@downtownpublications.com

METRO INTELLIGENCER Metro Intelligencer is a monthly column devoted to news stories, tidbits and gossip items about what's happening on the restaurant scene in the metro Detroit area. Metro Intelligencer is reported/created each month by Gigi Nichols who can be reached at GigiNichols@DowntownPublications.com with news items or tips, on or off the record.

More than just tacos Big Beaver Road in Troy has exploded with new restaurants over the past few years – most of these eateries are chains. Newcomer Fronteras Tacos and Tequila is not a chain but an independent restaurant owned and operated by Gustavo Torres, who is a third-generation restauranteur. Torres points out that although Mexican fare is their specialty, this is not your average run-of-the-mill Mexican restaurant. The eclectic menu embraces selections from Mexico as well as Venezuela, Cuba, Puerto Rico, Dominican Republic, Colombia and Peru. Here, diners can enjoy authentic Latin American plates such as the Cuban Vaca Frita – thin strips of brisket marinated in a citrus juice and garlic then seared with onions or the Puerto Rican Mofongo, which is presented with fried plantains mashed with garlic and chicharron, topped with shrimp and creamy cheese sauce. The spacious interior of Fronteras accommodates seating for 208, including 21 seats at the U-shaped bar. A full bar menu offers wine, mixed drinks and 15 beer taps including popular Mexican brands, Pacifico, Corona, Modelo and Dos Equis. And good news – happy hour is held every day of the week from 3-7 p.m. Specials feature $1.50 house margaritas and $1 off draft and domestic beers. Several appetizers are also offered at half-off. 591 W. Big Beaver Road, Troy fronterastroymi.com

White bowls Jasmeet Singh, who was born and raised in India, came to the U.S. in 2007, and honed his chef skills at several Japanese restaurants. Singh spent the last nine years as a chef at the popular Noble Fish in Clawson. He notes that it was his love that he developed for Japanese ramen that made him want to venture out and open his own restaurant, Shiromauru. “The name Shiromaru means white bowl in Japanese and describes our signature dish – the creamy milky white ramen,” says Singh. Shiromaru’s menu includes five ramen bowls: classic tonkotsu; chicken paitan; shoyu chintan; and a veggie shoyu which can be made to order gluten-free with an eggless noodle. The sushi list is extensive and has specialty rolls such as the Las Vegas roll with salmon, avocado, cream cheese, deep fried and topped with spicy mayo, jalapeno and sriracha, and the Seattle roll with shrimp tempura, cucumber, avocado topped with salmon, honey, spicy mayo and eel sauce. Although there are no alcoholic options at this point, Singh says that in the future, he plans to add sake, wine and beer. The light-filled interior of Shiromaru has a classic minimalist Japanese design with seating for about 60 patrons. Being located right in the heart of Troy’s commercial office district, the restaurant is also a popular and convenient carry out destination. 5365 Crooks Road, Troy shiromaurtroy.com

Primo’s Pizza is back! In March of 2021, a fire started on the roof of 43-year-old Primo’s Pizza of Birmingham. Fortunately, most of the blaze stayed on the roof and no one was hurt. Now, after a year, the beloved neighborhood pizzeria is back in business and looking better than ever. The newly remodeled Primo’s sports new white and gray quartz countertops and a striking floor-to-ceiling glossy black subway tile. “We really have to thank the community for their support,” said general manager Mike B. “Gofundme pages raised just shy of $20,000 and the proceeds went directly to our staff.” Primo’s offers pizza in three different varieties – square, traditional round and round ultra-thin crust. Although Primo’s has always been known for their pizza first, this take-out eatery has loads of other options including pastas, hamburgers, an array of salads and even fried fish and shrimp. It’s also a great place to find the latest and greatest craft beers and a wide selection of wines. An added benefit for wine lovers is the Primo’s Preferred Wine Customer program which is free to join online and offers 20 percent off wine. 996 S. Adams Road, Birmingham primosbirmingham.com

Where’s the beef? EW Grobbel was established in Detroit in 1883, and is recognized globally for its corned beef and gourmet foods. Recently, the company announced plans to open two distinct establishments at Eastern Market – a neighborhood market and a Sy Ginsberg branded Jewish-style deli restaurant. Appropriately, “the market” will have its entrance on Market Street, joining neighbor DeVries & Co., while the deli restaurant will be accessible on Riopelle Street and will be in good company next

Kerby’s Koney Island: American. Breakfast, Lunch, & Dinner, daily. No reservations. 2160 N. Woodward Avenue, Bloomfield Hills, 48304. 248.333.1166. La Marsa: Mediterranean. Lunch & Dinner daily. Reservations. 43259 Woodward Ave., Bloomfield Hills, 48302. 248.858.5800. La Strada Italian Kitchen & Bar: Italian. Lunch & Dinner, Tuesday-Sunday. Reservations. Liquor. 243 E. Merrill Street, Birmingham, 48009. 248.480.0492. Leo’s Coney Island: American. Breakfast, Lunch & Dinner, daily. No reservations. 154 S. Old Woodward Avenue, Birmingham, 48009. 248.593.9707. Also 6527 Telegraph Road, Bloomfield Hills, 48301. 248.646.8568. Little Daddy’s Parthenon: American. Breakfast, Lunch & Dinner, daily. No reservations. 39500 Woodward Avenue, Bloomfield Hills, 48304. 248.647.3400. Luxe Bar & Grill: American. Lunch & Dinner, daily; Late Night, 9 p.m.closing. No reservations. Liquor. 525 N. Old Woodward Ave., Birmingham, 48009. 248.792.6051. Madam: American. Breakfast, MondayFriday, Brunch, weekends. Lunch, Monday-Friday, Dinner daily. Reservations. Liquor. 298 S. Old Woodward, Birmingham, 48009. 248.283.4200 Mandaloun Bistro: Lebanese. Lunch, Monday-Friday. Dinner, Daily. Reservations. Liquor. 30100 Telegraph Rd., Suite 130, Bingham Farms, 48025. 248.723.7960. Market North End: Mediterranean. Lunch & Dinner, Tuesday-Sunday. No reservations. Liquor. 474 N. Old Woodward Avenue, Birmingham, 48009. 248.712.4953. MEX Mexican Bistro & Tequila Bar: Mexican. Lunch, Monday-Friday, Dinner, daily. Liquor. 6675 Telegraph Road, Bloomfield Township, 48301. 248.723.0800. Nippon Sushi Bar: Japanese. Lunch & Dinner daily. No reservations. Liquor. 2079 S. Telegraph, Bloomfield Township, 48302. 248.481.9581. Olga’s Kitchen: American. Lunch & Dinner, daily. No reservations. 2075 S. Telegraph Road, Bloomfield Hills, 48302. 248.451.0500. Original Pancake House: American. Breakfast, Lunch, & Dinner, daily. No reservations. 33703 South Woodward Avenue, Birmingham, 48009. 248.642.5775. Phoenicia: Middle Eastern. Lunch, Monday-Friday; Dinner, daily. Reservations. Liquor. 588 South Old Woodward Avenue, Birmingham, 48009. 248.644.3122. Planthropie: Vegan. Dessert and Cheese. 135 Pierce Street, Birmingham, 48009. 248.839.5640. Qdoba: Mexican. Lunch & Dinner, daily. No reservations. Also 42967 Woodward Avenue, Bloomfield Township, 48304. 248.874.1876 Roadside B & G: American. Dinner, daily. No reservations. Liquor. 1727 S. Telegraph Road, Bloomfield Hills, 48302. 248.858.7270. Salvatore Scallopini: Italian. Lunch & Dinner, daily. No reservations. Beer &

Wine. 505 North Old Woodward Avenue, Birmingham, 48009. 248.644.8977. Shift Cocktail Bar: Small plates. Dinner. Liquor. 117 Willits Street, Birmingham, 48009. 248.792.2380. Sidecar: American. Lunch and Dinner, daily. Liquor. 117 Willits Street, Birmingham, 48009. 248.792.2380. Slice Pizza Kitchen: Pizza. Lunch and Dinner, daily. Liquor. 117 Willits Street, Birmingham, 48009. 248.792.3475. Social Kitchen & Bar: American. Lunch & Dinner, daily. Reservations, parties of 5 or more. Liquor. 225 E. Maple Road, Birmingham, 48009. 248.594.4200. Stacked Deli: Deli. Breakfast & Lunch, Monday-Saturday. Delivery available. No reservations. 233 North Old Woodward, Birmingham, 48009. 248.593.5300. Stateside Deli & Restaurant Deli. Breakfast, Lunch, Sunday-Monday. Breakfast, Lunch, and Dinner, Tuesday-Saturday. No reservations. 653 S. Adams Road, Birmingham, 48009. 248.550.0455. Steve’s Deli: Deli. Breakfast, Lunch & Dinner, daily. No reservations. 6646 Telegraph Road, Bloomfield, 48301. 248.932.0800. Streetside Seafood: Seafood. Dinner, daily. Liquor. 273 Pierce Street, Birmingham, 48009. 248.645.9123. Sushi Hana: Japanese. Lunch, MondayFriday; Dinner, Monday-Saturday. Reservations. Liquor. 42656 Woodward Avenue, Bloomfield Hills, 48304. 248.333.3887. Sy Thai Cafe: Thai. Lunch & Dinner, daily. No reservations. 315 Hamilton Row, Birmingham, 48009. 248.258.9830. Sylvan Table: American. Dinner daily. Reservations. Liquor. 1819 Inverness Street, Sylvan Lake, 48320. 248.369.3360 Tallulah Wine Bar and Bistro: American. Dinner. Monday-Saturday. Sunday brunch. Reservations. Liquor. 55 S. Bates Street, Birmingham, 48009. 248.731.7066. The Franklin Grill: American. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 32760 Franklin Rd, Franklin, 48025. 248.865.6600. The Gallery Restaurant: American. Breakfast, Lunch & Dinner, daily. No reservations. Beer & wine. 6683 Telegraph Road, Bloomfield Hills, 48301. 248.851.0313. The Moose Preserve Bar & Grill: American. Lunch & Dinner, daily. No reservations. Liquor. 2395 S. Woodward Avenue, Bloomfield Hills, 48302. 248.858.7688. The Morrie: American. Lunch & Dinner, daily. No reservations. Liquor. 260 N. Old Woodward, Birmingham 48009. 248.940.3260. The Rugby Grille: American. Breakfast, Lunch & Dinner, daily. Reservations. Liquor. 100 Townsend Street, Birmingham, 48009. 248.642.5999. Toast: American. Breakfast & Lunch, daily; Reservations. Liquor. 203 Pierce Street, Birmingham, 48009. 248.258.6278. Tomatoes Apizza: Pizza. Lunch & Dinner daily. Carryout. 34200 Woodward

Avenue, Birmingham 48009. 248.258.0500. Touch of India: Indian. Lunch & Dinner, daily. No reservations. 297 E. Maple Road, Birmingham, 48009. 248.593.7881. Townhouse: American. Brunch, Saturday, Sunday. Lunch & Dinner, daily. No reservations. Liquor. 180 Pierce Street, Birmingham, 48009. 248.792.5241. Whistle Stop Diner: American. Breakfast & Lunch, daily; Liquor. No reservations. 501 S. Eton Street, Birmingham, 48009. 248.566.3566. Zao Jun: Asian. Lunch Monday-Friday; Dinner, daily. Reservations. Liquor. 6608 Telegraph Road, Bloomfield Township, 48301. 248.949.9999.

Royal Oak/Ferndale Ale Mary's: American. Weekend Brunch. Lunch & Dinner, daily. No reservations. Liquor. 316 South Main St., Royal Oak, 48067. 248.268.1917. Anita’s Kitchen: Middle Eastern. Lunch & Dinner, daily. No reservations. Beer & Wine. 22651 Woodward Ave., Ferndale, 48220. 248.548.0680. Assaggi Bistro: Italian. Lunch, TuesdayFriday. Dinner, Tuesday-Sunday. Reservations. Liquor. 330 W. Nine Mile Rd., Ferndale, 48220. 248.584.3499. Bigalora: Italian. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. No Reservations. Liquor. 711 S. Main Street, Royal Oak, 48067. The Blue Nile: Ethiopian. Dinner, Tuesday-Sunday. Reservations. Liquor. 545 W. Nine Mile Rd., Ferndale, 48220. 248.547.6699. Cafe Muse: French. Breakfast & Lunch, daily. Dinner, Tuesday-Saturday. Reservations. Liquor. 418 S. Washington Ave., Royal Oak, 48067. 248.544.4749. Cork Wine Pub: American. Sunday Brunch. Dinner, Monday-Saturday. Reservations. Liquor. 23810 Woodward Ave., Pleasant Ridge, 48069. 248.544.2675. Due Venti: Italian. Sunday Brunch. Dinner, Tuesday-Saturday. Reservations. Liquor. 220 S. Main St., Clawson, 48017. 248.288.0220. The Fly Trap: Diner. Breakfast & Lunch, daily. Dinner, Monday-Friday. No reservations. 22950 Woodward Ave., 48220. 248.399.5150. Howe’s Bayou: Cajun. Lunch, MondaySaturday. Dinner, daily. No reservations. Liquor. 22949 Woodward Ave., Ferndale, 48220. 248.691.7145. Inyo Restaurant Lounge: Asian Fusion. Weekend Brunch. Lunch & Dinner, daily. No reservations. Liquor. 22871 Woodward Ave., Ferndale, 48220. 248.543.9500. KouZina: Greek. Lunch & Dinner, daily. No reservations. 121 N. Main St., Royal Oak, 48067. 248.629.6500. Kruse & Muer on Woodward: American. Lunch & Dinner, daily. Reservations. Liquor. 28028 Woodward Ave., Royal Oak, 48067. 248.965.2101. Lily’s Seafood: Seafood. Weekend

Brunch. Lunch & Dinner, daily. No reservations. Liquor. 410 S. Washington Ave., Royal Oak, 48067. 248.591.5459. Lockhart’s BBQ: Barbeque. Sunday Brunch. Lunch & Dinner, MondaySaturday. No reservations. Liquor. 202 E. Third St., Royal Oak, 48067. 248.584.4227. Oak City Grille: American. Dinner, daily. Reservations. Liquor. 212 W. 6th St, Royal Oak, 48067. 248.556.0947. One-Eyed Betty: American. Weekend Breakfast. Dinner, daily. No reservations. Liquor. 175 W. Troy St., Ferndale, 48220. 248.808.6633. Public House: American. Lunch & Dinner, daily. No reservations. Liquor. 241 W. Nine Mile Rd., Ferndale, 48220. 248.850.7420. Redcoat Tavern: American. Lunch & Dinner, daily. No reservations. Liquor. 31542 Woodward Ave., Royal Oak, 48073. 248.549.0300. Ronin: Japanese. Dinner, daily. No reservations. Liquor. 326 W. 4th St., Royal Oak, 48067. 248.546.0888. Royal Oak Brewery: American. Lunch & Dinner, daily. No reservations. Liquor. 215 E. 4th St., Royal Oak, 48067. 248.544.1141. Strada: Italian. Dinner, Wednesday Sunday. Liquor. No reservations. 376 N. Main Street. Royal Oak, 48067. 248.607.3127. The Morrie: American. Dinner, daily. No reservations. Liquor. 511 S. Main St., Royal Oak, 48067. 248.216.1112. Toast, A Breakfast and Lunch Joint: American. Breakfast & Lunch, daily. No reservations. 23144 Woodward Ave., Ferndale, 48220. 248.398.0444. Tom’s Oyster Bar: Seafood. Lunch & Dinner, daily. Reservations. Liquor. 318 S. Main St., Royal Oak, 48067. 248.541.1186. Trattoria Da Luigi: Italian. Dinner, Tuesday-Sunday. Reservations. Liquor. 415 S, Washington Ave., Royal Oak, 48067. 248.542.4444. Twisted Tavern: American. Dinner, daily. No reservations. Liquor. 22901 Woodward Ave., Ferndale, 48220. 248.545,6750. Vinsetta Garage: American. Lunch & Dinner, daily. No reservations. Liquor. 27799 Woodward Ave., Berkley, 48072. 248.548.7711.

Troy/Rochester Capital Grille: Steak & Seafood. Lunch, Monday-Saturday. Dinner, daily. Reservations. Liquor. 2800 West Big Beaver Rd., Somerset Collection, Troy, 48084. 248.649.5300. Cafe Sushi: Pan-Asian. Lunch & Dinner, daily. Reservations. Liquor. 1933 W. Maple Rd, Troy, 48084. 248.280.1831. CK Diggs: American & Italian. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 2010 W. Auburn Road, Rochester Hills, 48309. 248.853.6600. O’Connor’s Irish Public House: Irish. Lunch & Dinner, daily. Reservations. Liquor. 324 S. Main St., Rochester, 48307. 248.608.2537. Kona Grille: American. Lunch & Dinner, daily. Reservations. Liquor. 30 E. Big Beaver Rd., Troy, 48083. 248.619.9060.

to Eastern Market Brewing Co. and Detroit City Distillery. The restaurant will offer indoor seating as well as outdoor seating on Riopelle, which is now a pedestrian street. Customers may order at the counter or be seated for service. “We teamed up with Sy Ginsberg about five years ago. Our mission for this project is to preserve and propagate the tradition of the Jewish deli in America,” said Jason Grobbel, president of EW Grobbel. For the neighborhood side of the business, Grobbel will partner with urban farmers and other local farms to bring fresh food and produce to the neighborhood market. The market will showcase expanded offerings such as Topor’s Pickles, Corridor Sausage, Grobbel’s Gourmet smoked meats, and a full line of premium sliced prepackaged deli products. In addition, there will be other items sold that are typical to a grocery store such as bread, seafood and grab-and-go ingredients to easily make dinner for that day. Watch for Grobbel’s Gourmet Fresh Neighborhood Market, and a Sy Ginsberg’s deli to open in September of 2022. 2456 Market Street, Detroit grobbel.com

How sweet it is Sugar Factory American Brasserie, which is famous in other cities for its Instagrammable dining rooms, over-the-top entrees and legendary desserts, is set to debut its newest location in Detroit in late spring of 2022. Located in Bedrock’s One Campus Martius building, the 233-seat restaurant will also feature Sugar Factory’s candy retail store with hundreds of candy options. “We are excited to bring our decadent dishes, sweets and treats to the Detroit community, which have been enjoyed by guests around the world for over a decade,” shared owner Charissa Davidovici. “The energy and atmosphere of downtown and the One Campus Martius building is the perfect place for Sugar Factory’s family-friendly dining.” Guests can enjoy Sugar Factory’s signature breakfast, lunch and dinner offerings like the Flaming Hot Cheetos burger, an eight-ounce Angus burger topped with Flaming Hot Cheetos crusted pepper jack cheese, pickles, shredded lettuce, chipotle mayo and served on a Hot Cheetos crusted bun, and the Sugar Factory rainbow sliders served on colorful buns with American cheese, pickles, crispy onions, signature sauce and a complimentary rubber duckie to take home. Sugar Factory’s most legendary dessert is the sensational King Kong sundae, which serves up to 12 people and features 24 scoops of ice cream covered with sprinkles, gummy bears, caramel sauce, fudge sauce and giant whirly pops. 45 Monroe Street, Detroit sugarfactory.com

Music, food & wine coming to Corktown Big news for Detroit – concert-venue and restaurant chain City Winery has announced plans to open in Corktown. Currently, City Winery has locations in New York City, Chicago, Philadelphia, Atlanta, Boston, Chicago, Hudson Valley, Nashville, and Washington, D.C., with plans on the table for five new locations by summer 2022. “We are really only able to do this expansion given the value in our brand and our unique entertainment model as the real estate community, developers and landlords understand how our industry will be rebounding and that gathering businesses will be roaring again soon,” said Michael Dorf, City Winery founder and CEO. Though many customers may come to City Winery for the top-notch entertainment and the wine, the establishment’s unique menu is wine-inspired, globally-influenced, and locally-sourced. Menus vary slightly from city to city, but all feature salads, sharable appetizers, flatbreads and large plates including braised short ribs, branzino fillet and steak marsala. citywinery.com

Quick bites, coffee and dessert And speaking of Corktown, there’s a new spot for quick bites, dessert, coffee and gelato. Momento Gelato and Coffee serves up paninis, caprese salads and soups, but the real stars of this place are the coffees and gelatos. Opened in January, Momento Gelato and Coffee is owned by Tom Isaia, who began his journey into the world of European espresso in 1975, and opened The Blind Pig in Ann Arbor shortly thereafter. While he has spent much of his life introducing Michiganders to coffee, he dreamed for years of exploring another passion – gelato. Through immersive technique perfected by Isaia during his time in Bologna Italy, he mastered the exquisite art of gelato. Momento gelato is made from the finest ingredients and is creating with Italian-made equipment. “This is not the Americanized version – it’s Italian gelato.” adds Isaia. The coffee is made-to-order to complement the sweet notes of gelato. Momento sources the highest quality Arabica coffee beans from Coffee Express Roasting Company of Plymouth. You also can find their famous gelato at several area stores including Market Fresh in Beverly Hills and Market Square in West Bloomfield. 2120 Trumbull Street, Detroit momentogelato.com

Kruse & Muer on Main: American. Sunday Brunch. Lunch & Dinner, daily. Reservations. Liquor. 327 S. Main St., Rochester, 48307. 248.652.9400. Loccino Italian Grill and Bar: Italian. Lunch, Monday-Friday, Dinner, daily. Liquor. Reservations. 5600 Crooks Road, Troy, 48098. 248.813.0700. The Meeting House: American. Weekend Brunch. Dinner, TuesdaySunday. No reservations. Liquor. 301 S. Main St, Rochester, 48307. 248.759.4825. Miguel’s Cantina: Mexican. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 870 S. Rochester Rd, Rochester Hills, 48307. 248.453.5371. Mon Jin Lau: Asian. Lunch, MondayFriday. Dinner, daily. Reservations. Liquor. 1515 E. Maple Rd, Troy, 48083. 248.689.2332. Morton’s, The Steakhouse: Steak & Seafood. Dinner, daily. Reservations. Liquor. 888 W. Big Beaver Rd, Troy, 48084. 248.404.9845. NM Café: American. Lunch, MondaySaturday. Reservations. Liquor. 2705 W. Big Beaver Rd, Troy, 48084. 248.816.3424. Oceania Inn: Chinese. Lunch & Dinner, daily. Reservations. Liquor. The Village of Rochester Hills, 3176 Walton Blvd, Rochester Hills, 48309. 248.375.9200. Ocean Prime: Steak & Seafood. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 2915 Coolidge Hwy., Troy, 48084. 248.458.0500. Orchid Café: Thai. Lunch, MondayFriday. Dinner, daily. Reservations. 3303 Rochester Rd., Troy, 48085. 248.524.1944. P.F. Chang’s China Bistro: Chinese. Lunch & Dinner, daily. Reservations. Liquor. Somerset Collection, 2801 W. Big Beaver Rd., Troy, 48084. 248.816.8000. Recipes: American/Brunch. Breakfast & Lunch, daily. No reservations. Liquor. 134 W. University Drive, Rochester, 48037. 248.659.8267. Also 2919 Crooks Road, Troy, 48084. 248.614.5390. Rochester Chop House: Steak & Seafood. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 306 S. Main St., Rochester, 48307. 248.651.2266. Ruth’s Chris Steak House: Steak & Seafood. Dinner, daily. Reservations. Liquor. 755 W. Big Beaver Rd., Troy, 48084. 248.269.8424. Silver Spoon: Italian. Dinner, MondaySaturday. Reservations. Liquor. 6830 N. Rochester Rd., Rochester, 48306. 248.652.4500. Too Ra Loo: American. Lunch & Dinner, daily. No reservations. Liquor. 139 S. Main St., Rochester, 48307. 248.453.5291.

Southfield, 48034. 248.208.1680. Bigalora: Italian. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. No Reservations. Liquor. 29110 Franklin Road, Southfield, 48034. The Fiddler: Russian. Sunday Brunch. Dinner, Thursday-Sunday. Reservations. Liquor. 6676 Orchard Lake Rd, West Bloomfield Township, 48322. 248.851.8782. Mene Sushi: Japanese. Lunch & Dinner, daily. No reservations. Beer & Wine. 6239 Orchard Lake Rd, West Bloomfield Township, 48322. 248.538.7081. Meriwether’s: Seafood. Lunch, MondaySaturday. Dinner, daily. Reservations. Liquor. 25485 Telegraph Rd, Southfield, 48034. 248.358.1310. Nonna Maria’s: Italian. Dinner, daily. Reservations. Liquor. 2080 Walnut Lake Road, West Bloomfield, 48323. 248.851.2500. Pickles & Rye: Deli. Breakfast, Lunch, & Dinner, daily. No reservations. 6724 Orchard Lake Rd, West Bloomfield Township, 48322. 248.737.3890. Prime29 Steakhouse: Steak & Seafood. Dinner, daily. Reservations. Liquor. 6545 Orchard Lake Rd., West Bloomfield, 48322. 248.737.7463. Redcoat Tavern: American. Lunch & Dinner, Monday-Saturday. No reservations. Liquor. 6745 Orchard Lake Rd., West Bloomfield Township, 48322. 248.865.0500. Shangri-La: Chinese. Lunch & Dinner, daily. Reservations. Liquor. Orchard Mall Shopping Center, 6407 Orchard Lake Rd, West Bloomfield Township, 48322. 248.626.8585. Sposita’s Ristorante: Italian. Friday Lunch. Dinner, daily. Reservations. Liquor. 33210 W. Fourteen Mile Rd., West Bloomfield Township, 48322. 248. 538.8954. Stage Deli: Deli. Breakfast, Lunch, & Dinner, daily. No reservations. Liquor. 6873 Orchard Lake Rd., West Bloomfield Township, 48322. 248.855.6622. Yotsuba: Japanese. Lunch & Dinner, daily. Reservations. Liquor. 7365 Orchard Lake Rd, West Bloomfield, 48322. 248.737.8282.

West Bloomfield/Southfield

Clarkston Union: American. Lunch & Dinner, daily. No reservations. Liquor. 54 S. Main St., Clarkston, 48346. 248.620.6100. Holly Hotel: American. Afternoon Tea, Monday – Saturday, Brunch, Sunday, Dinner, daily. Reservations. Liquor. 110 Battle Alley, Holly, 48442. 248.634.5208.

Bacco: Italian. Lunch, Monday-Friday. Dinner, Monday-Saturday. Reservations. Liquor. 29410 Northwestern Highway, Southfield, 48034. 248.356.6600. Beans and Cornbread: Southern. Lunch & Dinner, daily. Reservations. Liquor. 29508 Northwestern Highway, 84

West Oakland Gravity Bar & Grill: Mediterranean. Monday – Friday, Lunch & Dinner, Saturday, Dinner. Reservations. Liquor. 340 N. Main Street, Milford, 48381. 248.684.4223. Volare Ristorante: Italian. Lunch & Dinner, daily. Reservations. Liquor. 48992 Pontiac Trail, Wixom, 48393. 248.960.7771.

North Oakland

Kruse's Deer Lake Inn: Seafood. Lunch & dinner, daily. Reservations. Liquor. 7504 Dixie Highway, Clarkston, 48346. 248.795.2077. The Fed: American. Lunch and Dinner daily, Brunch, Saturday and Sunday. Liquor. 15 S. Main Street, Clarkston, 48346. 248.297.5833 Via Bologna: Italian. Dinner daily. No reservations. Liquor. 7071 Dixie Highway, Clarkston. 48346. 248.620.8500. Union Woodshop: BBQ. Dinner, Monday – Friday, Lunch & Dinner, Saturday – Sunday. No reservations. Liquor. 18 S. Main St., Clarkston, 48346. 248.625.5660

Detroit Bucharest Grill: Middle Eastern. Lunch & Dinner, daily. No reservations. Liquor. 2684 E. Jefferson, Detroit, 48207. 313.965.3111. Cliff Bell’s: American. Sunday Brunch. Dinner, Tuesday-Sunday. Reservations. Liquor. 2030 Park Ave., Detroit, 48226. 313.961.2543. Cuisine: French. Dinner, TuesdaySaturday. Reservations. Liquor. 670 Lothrop Rd., Detroit, 48202. 313.872.5110. The Detroit Seafood Market: Seafood. Lunch & Dinner, daily. Reservations. Liquor. 1435 Randolph St., Detroit, 48226. 313.962.4180. El Barzon: Mexican. Lunch, TuesdayFriday. Dinner, Tuesday-Sunday. Reservations. Liquor. 3710 Junction St., Detroit, 48210. 313.894.2070. Fishbone’s Rhythm Kitchen Café: Cajun. Breakfast, daily. Sunday Brunch. Lunch, Monday-Saturday. Dinner, daily. No reservations. Liquor. 400 Monroe Street, Detroit, 48226. 313.965.4600. Giovanni’s Ristorante: Italian. Lunch & Dinner, Tuesday-Saturday. Reservations. Liquor. 330 S. Oakwood Blvd., Detroit, 48217. 313.841.0122. Green Dot Stables: American. Lunch & Dinner, daily. No reservations. Liquor. 2200 W. Lafayette, Detroit, 48216. 313.962.5588. Jefferson House: American. Breakfast, Lunch, & Dinner, daily. Reservations. Liquor. 2 Washington Blvd., Detroit, 48226. 313.782.4318. Joe Muer Seafood: Seafood. Lunch, Monday- Friday, Dinner, daily. Reservations. Liquor. 400 Renaissance Center, Detroit, 48243. 313.567.6837. Johnny Noodle King: Japanese. Lunch & Dinner, daily. No reservations. Liquor. 2601 W. Fort St., Detroit, 48216. 313.309.7946. Mario’s: Italian. Dinner, daily. Reservations. Liquor. 4222 2nd Ave., Detroit, 48201. 313.832.1616. Midtown Shangri-la: Chinese. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 4710 Cass Ave., Detroit, 48201. 313.974.7669. Motor City Brewing Works: American. Lunch & Dinner, daily. No reservations. Beer & Wine. 470 W. Canfield St.,

DOWNTOWN

Detroit, 48201. 313.832.2700. Prism: Steak & Seafood. Dinner, Tuesday-Saturday. Reservations. Liquor. 555 E. Lafayette St, Detroit, 48226. 313.309.2499. Red Smoke Barbeque: Barbeque. Lunch & Dinner, daily. Reservations. Liquor. Trappers Alley Shopping Center, 573 Monroe Ave., Detroit, 48226. 313.962.2100. Selden Standard: American. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. Liquor. Reservations. 3921 Second Ave., Detroit, 48201. 313.438.5055. SheWolf Pastifico & Bar: Italian. Dinner, Tuesday through Sunday. Reservations. Liquor. 438 Selden St, Detroit 48201. 313.315.3992. Sinbad’s: Seafood. Sunday Brunch. Lunch & Dinner, daily. Reservations. Liquor. 100 St Clair St., Detroit, 48214. 313.822.8000. Slows Bar BQ: Barbeque. Lunch & Dinner, daily. No reservations. Liquor. 2138 Michigan Ave, Detroit, 48216. 313.962.9828. Tap at MGM Grand: American. Breakfast, Lunch, & Dinner, daily. No reservations. Liquor. 1777 Third Street, Detroit, 48226. 313.465.1234. Taqueria Nuestra Familia: Mexican. Breakfast, Lunch, & Dinner, daily. Reservations. Liquor. 7620 Vernor Hwy., Detroit, 48209. 313.842.5668. The Block: American. Sunday Brunch. Lunch & Dinner, daily. No reservations. Liquor. 3919 Woodward Ave, Detroit, 48201. 313.832.0892. Tom’s Oyster Bar: Seafood. Lunch, Monday-Friday. Dinner, MondaySaturday. Reservations. Liquor. 519 East Jefferson Ave., Detroit, 48226. 313.964.4010. Traffic Jam & Snug: American. Lunch & Dinner, daily. No reservations. Liquor. 511 W. Canfield, Detroit, 48201. 313.831.9470. 24grille: American. Sunday Brunch. Lunch & Dinner, daily. Reservations. Liquor. The Westin Book Cadillac Detroit, 1114 Washington Blvd, Detroit, 48226. 313.964.3821. Union Street: American. Lunch & Dinner, daily. Reservations. Liquor. 4145 Woodward Ave, Detroit, 48201. 313.831.3965. Vince’s: Italian. Lunch, Tuesday-Friday. Dinner, Tuesday-Sunday. Reservations. Liquor. 1341 Springwells St., Detroit, 48209. 313.842.4857. Vivio’s Food & Spirits: American. Saturday Breakfast. Lunch & Dinner, daily. No reservations. Liquor. 2460 Market St., Detroit, 48207. 313.393.1711. The Whitney: American. Breakfast, Lunch, & High Tea, Monday-Friday. Sunday Brunch. Dinner, daily. Liquor. Reservations. 4421 Woodward Ave, Detroit, 48201. 313.832.5700. Wright & Co.: American. Dinner, Monday-Saturday. No reservations. Liquor. 1500 Woodward Ave Second Floor, Detroit, 48226. 313.962.7711. 03.22

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ENDNOTE

Cooperation key to funding district court ur local communities engage in multiple examples of mutual aid and revenue sharing, which helps all of them – it allows large and small municipalities to share services and depend upon one another in good times and bad, spreading out the responsibility for funding police services, such as dispatch services and task forces, fire and other emergency aid, senior services, animal welfare, library services, cable TV production, and numerous other ministrations. Some of these shared services citizens see on a regular basis, and some are more “behind the scenes” activities. Until just a few months ago, seven local communities – Birmingham, Bloomfield Township, Bloomfield Hills, West Bloomfield, Sylvan Lake, Keego Harbor and Orchard Lake Village – mutually supported the local 48th District Court. Under a 1985 agreement, Birmingham, Bloomfield Township, Bloomfield Hills and West Bloomfield – the four communities considered the “bigs” – meaning they provided annual funding for court operations and maintenance in response to budget requests from the court based upon the percentage of their community's use of the court. The “bigs” get a two-thirds return of their receipts, with the three “small” communities of Sylvan Lake, Keego Harbor and Orchard Lake Village submitting their tickets and court cases, and receiving one-third of their generated revenue. The court is located in Bloomfield Township, on Telegraph just south of Long Lake Road. Local district courts handle all misdemeanors, traffic tickets, pretrial criminal actions and arraignments. While Bloomfield Hills, by population, is not a large municipality, it has always been considered

a “big” community according to this arrangement due to Woodward Avenue running straight through the community, and thus contributing a great deal of public safety revenue. For over 35 years, the arrangement worked relatively well. Some years the funding units had to contribute more than they received; other years, they received more revenue than they funded. And then came the COVID-19 pandemic. The court was shut down for lengthy periods of time, staffers were laid off or worked remotely, court cases were postponed due to shutdowns, delaying fines and court costs, less police tickets were written – meaning there was a severe decline in revenues, and a sharp decrease in receipts returned to the funding communities. Yet the court still had to be funded. Bloomfield Hills Mayor Sarah McClure, in what has been termed by several other leaders as a panic similar to pulling money from your 401K when the stock market drops, unfortunately led her city commission to pull out as a funding unit because she said her community was forced to pay too much in 2020 and 2021 – with less than three months notice, leaving Bloomfield Township, Birmingham and West Bloomfield holding the funding unit bag. As Michigan Supreme Court Administrator Tom Boyd explained, the goal of funding district courts is not to make money, but by statute, only to recoup costs. As Boyd put it: “If you are just recouping costs, that means you cannot have excessive revenue.” There has always been a clause in the agreement that a funding unit could exit with a one-year notice. Bloomfield Hills' unfortunate optout has led to anger and ill will among the four

funding unit communities – but it may ultimately lead the municipal leaders to create a new – and more advantageous – agreement to fund the court. Boyd explained that local units of government can't just walk away from funding the district court, because by legislative mandate it's not a decision they can make. The court must be funded. It's a municipal responsibility to its citizens. Therefore, they've got to figure out a way to go forward and to put their unpleasant feelings behind them. Birmingham City Manager Tom Markus and City Attorney Mary Kucharek have come up with a formula that could right-size the way all of the communities fund the court and receive revenue. In the proposal, all seven communities would be treated equally, and all seven, including Keego Harbor, Sylvan Lake and Orchard Lake, would be required to pre-fund the court based upon proportionate case load analysis – that way all seven communities would be considered funding units, and it would eliminate the two-thirds/onethirds methodology when it comes to the sharing of court revenues. It would be based entirely on percentage of caseload, with every community giving funding to the court quarterly in proportion to its case load and its usage of the court. At the end of the year, communities would determine the offset based on revenue received. It's imperative that all seven municipal leaders sit together and review this proposal, and come to a resolution. No one community can bear the costs of running a district court on its own. In true revenue-sharing fashion, it's time to share the costs and reap the benefits.

County, locals must lead on environment

few months ago, Downtown Newsmagazine published a one-on-one interview with Erin Quetell, Oakland County's new environmental sustainability officer, who was hired last fall by County Executive Dave Coulter with the responsibility to identify opportunities around the county towards greater climate goals. It's a first of its kind position, putting into action some of Gov. Gretchen Whitmer's initiatives in Michigan Healthy Climate Plan, which looks to make Michigan carbon neutral by 2050. Being carbon neutral means not putting more carbon into the environment than we are utilizing. Ultimately, the hope is to utilize less carbon energy, improving the environment. In September of 2020, Whitmer ordered EGLE's Office of Climate and Energy to coordinate the state effort to achieve carbon neutrality by 2050 through development and implementation of the Michigan Healthy Climate Plan. That office is

supposed to provide guidance to local communities in reducing greenhouse gas emissions, promoting renewable energy and generally moving to a clean energy economy. As the behemoth of the national government spins in political stalemate, it is even more imperative that state, county and local leaders grab the green mantle and advance Michigan forward. Quetell explained that environmental sustainability has three main buckets: energy, waste, and water. Both individuals and communities can – and must – make efforts to change long-held habits in order to uphold the environment and protect it. If you haven't already, easy changes are converting light bulbs to LEDs which emit much less energy and less heat; switching to Energy Star rated appliances, low flow toilets and low flow faucets. Local municipalities should begin to think about electric vehicle infrastructure, how they're managing stormwater and how that is impacting

their communities either with flooding, as well as updated trends in transporting water to homes and businesses. How road infrastructure is updated is another important component. As the pandemic evolves to an endemic and companies determine their office needs, municipalities will need to think about renewable energy for buildings, and how they can be better users of space and energy. We applaud Coulter's foresight and leadership in guiding the way in promoting sustainability. We encourage him and county leadership to extend their reach to their local municipal partners and assist them in efforts to turn the county green. Regional collaborative efforts can provide the inspiration and motivation for substantive adaptations. It's a challenge we must all throw our weight behind. Our Great Lakes State depends on it.