Westend: December 2015

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PLACES TO EAT: OVER 200 RESTAURANTS • J. MARCH: AU COCHON IN BIRMINGHAM DECEMBER 2015

TURF WARS ARTIFICIAL PLAYING FIELDS GAIN IN POPULARITY BUT QUESTIONS REMAIN ABOUT HEALTH IMPACT STATE TAX TRIBUNAL: FEW VICTORIES FOR LOCAL COMMUNITIES SEX OFFENDER LIST: CHANGES AND CHALLENGES TO SYSTEM

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Changes and challenges for sex offender registry The Michigan sex offender registry, first created by Oakland County Sheriff Michael Bouchard when he was in the state Senate, is going through a number of challenges and changes.

FROM THE PUBLISHER

8

Michigan Senate Republicans have shown their arrogance in a move to control election outcomes by eliminating straight-party voting and have allowed the Oakland County Executive election to move years to help preserve GOP control of that office.

CRIME LOCATOR

24 Artificial playing fields Most local school districts have moved to artificial turf for athletic playing fields, but questions are now being raised about the impact on athletes' health.

13

A recap of select categories of crime occurring in the past month in Commerce, Walled Lake, Wolverine Lake and the Union Lake area, presented in map format.

MUNICIPAL

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Village council member censured; township locks in new planning director; not everyone happy about DDA purchase agreement; private road ordinance approved; water tank budget reviewed; plus more.

AT THE TABLE

53 33 Challenging local taxes Municipalities lose considerable tax dollars when large retail outlets and other taxable entities take tax disputes to the Michigan Tax Tribunal.

J. March visits the new Au Cochon in Birmingham and finds promise in the latest restaurant opened by Zack Sklar who already has a number of eateries in Oakland.

THE COVER The Four Towns United Methodist Church, 6451 Cooley Lake Road in Waterford, which is approaching its Sesquicentennial 150-year anniversary in 2016. Westend photo.

ENDNOTE

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The Commerce DDA rushed a decision on right of first refusal purchase agreement; our thoughts on the pass-thebuck attitude of federal and state officials on the health concerns about artificial turf fields.

FACES 14 Alyssa Klash 23 Josh Kaplan 31 Dawn Bause 39 Jordan Zaslow



PUBLISHER David Hohendorf NEWS EDITOR Lisa Brody NEWS STAFF/CONTRIBUTORS Allison Batdorff | Rachel Bechard | Hillary Brody Katie Deska | Kevin Elliott | Sally Gerak | Austen Hohendorf J. March | Kathleen Meisner | Bill Seklar PHOTOGRAPHY/CONTRIBUTORS Jean Lannen | Laurie Tennent Laurie Tennent Studio VIDEO PRODUCTION/CONTRIBUTOR Garrett Hohendorf Giant Slayer ADVERTISING DIRECTOR David Hohendorf ADVERTISING SALES Mark Grablowski GRAPHICS/IT MANAGER Chris Grammer OFFICE 124 W. Maple Birmingham MI 48009 248.792.6464 DISTRIBUTION/SUBSCRIPTIONS Mailed monthly at no charge to most homes in the Commerce, Wolverine Lake, Walled Lake and Union Lake area. Additional free copies distributed at high foot-traffic locations in west Oakland. For those not receiving a free mail copy, paid subscriptions are available for a $12 annual charge. To secure a paid subscription, go to our website (westendmonthly.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 Commerce/Union Lake community. The traditional “letters to the editor” in Westend 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. WEBSITE westendmonthly.com

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FROM THE PUBLISHER

olitical columnist, author, presidential speechwriter (Nixon administration) and journalist William Safire (1929-2009) defines a political power play as “the art of running roughshod over the opposition” in his Political Dictionary, an indispensable gift I received from another political junkie back in 1979.

P

We got a good peek at such a play in recent weeks when the Republican-controlled Michigan Senate overwhelmingly passed legislation on its way to the Michigan House that would eliminate straight-ticket or straight-party voting in general elections in the state. Yes, I know we already voted on this very issue in 2002, following a petition drive to place straightticket voting on the ballot after state lawmakers eliminated through legislation the practice of straight-party voting in 2001. In fact, 60 percent of state voters opted to overturn the election law. In Oakland, 62 percent of those casting ballots voted to override what lawmakers tried to put in practice. On the most recent push in the Michigan Senate, a number of organizations – the Michigan Association of Municipal Clerks, the Michigan Township Association and the NAACP – spoke out against the elimination of straightparty voting, citing valid concerns of the added time it will take to vote, which if you still go to your assigned voting place, could translate into longer lines. But no matter. As I have said more than once in this space, the party in power – whether Republican or Democrat – will always seek out ways to consolidate power as a matter of self preservation. In this state, it happens to be the GOP. Michigan is one of only 10 states still allowing straight-ticket voting. Legislatures across the country, both Democrat and Republican, have chosen to scrap straight-party voting, usually under the guise of forcing the electorate to make more “informed decisions” as part of their civic duty, rather than just choosing a party affiliation button at the top of the ballot. In reality, one of the major motivating factors in Michigan is the concern in presidential election years that a strong Democratic contender for president at the top of the ticket could impact races further down the ballot. And the numbers show that Democratic straight-ticket voters usually turn out slightly heavier than GOP straight-party voters in presidential election years. In 2014, for example, an off-year (non-presidential) election, 49.09 percent of straightparty votes in Oakland went Republican, while 49.78 percent were Democrats. In the 2012 presidential election, Barack Obama carried Oakland County by 53.4 percent of votes cast. Among straight-party ballots cast, 45.27 percent went Republican and 53.42 percent were cast by Democrats. Since 1996 when Bill Clinton carried Oakland County, Democratic presidential candidates have been gaining strength at the ballot box, a major concern no doubt to the GOP which controls both the House and Senate, and to the powers-that-be in the full-time posts in Oakland County government. The Republican-led Senate, however, went one step further this time around.

To make this latest election change immune to a ballot box petition drive, they attached a $1 million appropriation to the bill as it passed, without going through the normal appropriation process. In Michigan, appropriations are not subject to petition referendum. The definition – pure arrogance. The vote in the Senate was along party lines, with the exception of two Republicans who sided with Democrats on this issue. And, for the record, the bill was sponsored by Senator Marty Knollenberg, (R-Birmingham, Bloomfield Hills, Troy), not someone with whom I am impressed and I am told others share this view in Lansing. While the Senate was fine tuning election law to benefit the GOP, they also made a major change that impacts the future of the Oakland County Executive's office, even though political insiders months ago dismissed as unlikely any movement on a senate bill that has now been sent to the House, which will move the election of the county executive in Oakland to non-presidential years. Assuming House members approve this, when you vote on the county executive position in the 2016 balloting, the term will only be for two years. Henceforth, we will elect the county executive to four-year terms in off-year elections, when Wayne and Macomb counties also cast ballots for their county executives. While I would like to believe the reasoning put forth publicly by Oakland officials that the move makes sense and puts us in line with neighboring counties, I also know that GOP officials here are nervous about the growing strength of Democrats in county-wide offices, so moving to a non-presidential year on county executive increases the odds that Republicans can still hold the executive office in the county. The immediate concern is not that incumbent Brooks Patterson cannot withstand the increasing power of Democrats at the polling places. After all, Patterson carried the Oakland County 2012 vote by 56.71 percent, with little to no campaign effort at all following a car accident that laid him up well past the election. The most pressing issue is what happens when Brooks Patterson decides not to run again. So if he can be re-elected for a shortened two-year term next year, he could either step aside and hope a Republican can get appointed or will at least stand a better chance of being elected in 2018 in an off-year election. The political rumor mill has it that there are four potential contenders Patterson would support, including Rochester Hills Mayor Bryan Barnett who just won a stunning write-in campaign for a third term in that city. Backing by Patterson could keep the executive's office in the hands of the GOP, which Safire's Political Dictionary would say is an illustration of “clout.” David Hohendorf Publisher DavidHohendorf@downtownpublications.com


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Christmas Services

Commerce United Methodist Church

We will have three Christmas Worship Services all with Communion & Candlelight: – Wednesday Dec. 23rd at 7pm in the chapel – Thursday Dec. 24th at 7pm in the Sanctuary with the Praise Band for a bit of contemporary style – Thursday Dec 24th at 10pm in the Sanctuary for a more Traditional Worship setting

1155 N. Commerce Rd. Commerce Twp., MI 48382

Call for information 248.363.3935 www.commerceumc.org


INCOMING Timely, informative I have just finished reading the current issue of Westend. Both my wife and I want to thank you for the timely and informative articles, profiles, and local information updates delivered in your publication. We concur entirely with your assessment in the current issue (From The Publisher/November) of how Westend provides articles and information relevant to us and our community. Please compliment your staff on our behalf for the high-quality of your paper. Also, to add, we think that your publication's updates on restaurants and restaurant reviews are really informative and helpful. George and Cecilia Keith Commerce Township

Glyphosate article I wanted to reach out with some praise for the recent article about glyphosate (November/Westend). It's an issue near and dear to me, and I think it's great that you put it out there. Too often people don't know better, and I have hopes that soon Monsanto might feel the heat. Tracy Duda Commerce

Glyphosate issue Thank you for your article on glyphosate in the November issue. This has concerned many of us in alternative health venues for many years and I am glad to see you put it under the public's nose. Since you didn't allude to it, I will assume that you have not seen The World According To Monsanto on YouTube. Please watch it as it is a definitive resource on both Monsanto and glyphosate. Pretty much everyone who sees it ends up crying, so bring a hanky. As Michigan residents and journalists, the question you need to ask yourself about any research is: who paid for it and who did it?. Studies done by Monsatan can hardly be referenced as accurate as they would never report any negative info when they stand to lose so much. To insure they get what they want, they donated $2 million dollars to Obama's re-election campaign. As guardians of the Great Lakes, we have to err on the side of caution rather than to let the EPA wait 10 years to do anything about anything. Everything we use on the land eventually runs into the Great Lakes. westendmonthly.com

SPEAK OUT We welcome your opinion on issues facing the Commerce, Walled Lake and Union communities. Opinions can be sent via e-mail to westend@downtownpublications.com or mailed to Downtown Publications, 124 West Maple Road, Birmingham MI 48009.

‘Tis the season . . .

While we don’t have a specific word limitation, we reserve the right to edit for length.

With the world running out of fresh water, it's our most valuable resource, worth more than oil. Certainly glyphosate should be banned as there is no way to remove it from the water supply, except by distillation, and it has a "half-life" of 2000 years. We need to get serious about this. Michigan should be the paragon of natural farming, with few-if any--chemical pesticides and fertilizers. All the well water from Oakland County into the thumb is already poisoned by a natural vein of arsenic, and GM sites are not closed down by them because, as at the Pontiac plant, there are seven basements full of toxic, leaking chemicals unbeknownst to the public. We don't need any more poisons, especially when we know that they are poison. Monsatan keeps telling everyone that their GMOs actually produce greater yields than natural, traditional methods when in fact, they produce less. GMO plants do not reseed themselves making it imperative that poor farmers buy more seed for each planting, and glyphosate is producing super bugs and glyphosate resistant weeds--that nothing can kill. Keep up the good work. We deserve food as clean as Europe's-without hormones, antibiotics or pesticides. Joe Bonfiglio Bloomfield Township

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Clarification of story

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An article about Downtown Development Authority (DDA) funding published in the November issue of Westend should have clarified that DDAs utilizing Tax Increment Financing (TIF) districts have not collected /captured local school tax funds since 1994.

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CRIME LOCATOR

NORTH

Map key

Sexual assault

Assault

Murder

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 Commerce Township, Walled Lake and Wolverine Lake Village through November 18, 2015. Placement of codes is approximate.


FACES


Alyssa Klash s a student at Andover High School, Alyssa Klash could often be found designing and wearing her own creations. She never considered it to be a viable career option, however, until she met a representative from Parsons School of Design in New York City for a college visit, who described their Fashion Design Program. For the remainder of her time at Andover, Klash had her heart set on attending, taking art classes both at Andover and at the Birmingham Bloomfield Art Center in order to build a portfolio that would gain her acceptance to the prestigious design school. Her hard work paid off, and both the West Bloomfield native and her mother headed out to New York City for her freshman year of college in 2006. She recalls an obsession with getting herself to New York – ”there was no stopping me,” even if it meant having a parent follow her to the big city. However, by the time she was finishing up her degree in 2011, and a brief stint working for fashion designer Betsey Johnson, the impetus was in place to return to Detroit’s burgeoning art scene. “My senior year at Parsons, I was really obsessed with coming back to Detroit. The art scene was buzzing. I really wanted to be a part of this. “The thing about going to Parsons, I feel like I barely saw New York. I was working so hard all the time, pulling all nighters, it was just a crazy work experience.” The past year for Klash has kept up with that relentless pace, having exhibited in Grand Rapid’s prestigious ArtPrize competition, and showing in galleries throughout Detroit, including in the Detroit Institute of Arts’ Ofrendas exhibit, an animation show at the Detroit Film Theatre, and at The Baltimore Gallery. “Just to get to ArtPrize,” Klash notes, was a huge goal of hers. Her mural Look Into My Eyes was a perfect fit for the competition’s goal of bringing more art into the community. It had previously been exhibited in Detroit on the corner of Woodward and Grand River avenues. In the past year alone, Klash describes an evolution in her artistic style, one she has really honed working in Detroit. “I felt I had a bit of an illustration vocabulary [in school], but it wasn’t a full-on language. It wasn’t until last year that I grabbed some kind of style and niche that was really me. I look at the past couple of years, I was constantly working, putting on shows, and it shaped what I’m doing now.” Her bold, illustrative style was one she says that they tried to lead her away from in school because it was too “cartoony.” However, the heavy, dark lines allow her work to transition easily between digital renderings and acrylic and wood panels, providing several different mediums on which she can display her now trademark females. The graphic subjects at the centerpiece of her compositions often have tears gushing from their eyes, but one shouldn’t read this as an indication as to Klash’s mindset. “The art scene has been thriving, and it’s been really great to feel like I have a place in the scene.”

A

Story: Hillary Brody

Photo: Jean Lannen


ThisHoliday Season... Join Coldwell Banker Weir Manuel in bringing Christmas to children in need. Kick off event December 12, 1-3 pm.

December 12 | 1:00-3:00 pm Please donate new unwrapped toys for children in need and enjoy food and drink with Santa! 2600 Union Lake Road, Commerce Twp

WEIR MANUEL

248-360-1425 | cbwm.com Coldwell Banker Weir Manuel: Locally Owned and Operated Since 1950.


SEX

OFFENDER

EMPOWERING OR PROBLEMATIC: EXAMINING MICHIGAN'S REGISTRY

BY KEVIN ELLIOTT


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If knowledge is power, then it would seem that knowing the names, addresses and other identifying information of some 38,521 state-registered sex offenders in Michigan, including more than 1,800 in Oakland County, would help give the public the ability to keep themselves and their children safe.

"Certainly it takes resources, but when given a list of convicted sex offenders, it's a great resource for people to know where they are living," said Oakland County Sheriff Michael Bouchard who helped draft Michigan's initial Sex Offender Registry Act established in 1994, as a state senator. Since the law drafted by Bouchard was enacted, the state's sex offender registry has undergone several changes beyond who has access to the database. Based on their offense, offenders must register for 15 years, 25 years or for life. Registrants must provide physical addresses and phone numbers of where they live and work, the vehicles they drive and Internet identifiers, such as e-mail addresses or online identities. Those required to register are also prohibited from living, working or loitering within a "school safety zone," or within 1,000 feet of a school, and must adhere to a list of other requirements. "I knew when we wrote it there would be constant monitoring of the system to make it more effective and productive for the public because information is power," Bouchard said. "If you have a convicted pedophile on your block, the public has a right to know that, the same way they should know if there's a toxic waste dump at a playground." Bouchard said the registry empowers the public, and has even helped law enforcement agencies locate missing children. However, a growing number of scholarly researchers, attorneys and public officials, as well as a federal court ruling earlier this year, are spurring changes to the state's registry. Critics of Michigan's sex offender registry law say it gives the public a false sense of safety; forces people to register who logically shouldn't be required; does little to reduce rates of re-offense, or recidivism; and puts the general public in more danger. Further, a federal court in March of this year found that some parts of the law are unconstitutional, and are so complicated that it is impossible for some offenders to comply. "We have the fourth largest registry in the country, and that is because we have a lot of people that don't belong there," said Miriam Aukerman, an attorney for the American Civil Liberties Union of Michigan. Aukerman cited an example of one man on the registry who has two children with his victim, whom he has since married. However, she said the couple was unable to live together because of the residency restriction placed on Michigan's registered sex offenders. "One individual (victim) is married to the individual," Aukerman said. "She testified that she wasn't so much a victim of him, but a victim of the registry. She snuck into an adults-only club and had sex. They had a child, and now they are unable to live together because of the exclusion zones." The couple's situation was one of six people represented by Aukerman on behalf of the ACLU in a federal lawsuit filed in 2012 that challenged Michigan's Sex Offenders Registration Act in United States District Court for the Eastern District of Michigan Southern Division. Aukerman said the husband, identified in court documents as "John Doe #4," was 23-years-old in the summer of 2005 when he met the victim at an adults-only nightclub. The girl, then 15-years-old, had used a fake ID to enter the club. The couple met and had sex. It wasn't until the girl became

pregnant and he was arrested that he learned of her actual age. In 2006, the man pleaded guilty to attempted criminal sexual conduct. Under the terms of that plea agreement, the case was to be dismissed if the baby's DNA didn't match his, as it was revealed that she had had other sexual partners, and it was unclear with whom she had become pregnant. When it turned out that Mr. Doe #4 had fathered the child, the case went forward. He served five years probation, and completed sex offender counseling. At the time of his conviction, he was required to register on the state's sex offender registry for 25 years. A change in the law in 2011 retroactively re-classified him as a Tier III offender, requiring him to register for the rest of his life. Today, "Doe #4" and the victim are married and have two children together. Under the state's sex offender registry laws, the father can't live or work within 1,000 feet of a school. The lawsuit states that because a school is at the end of the family's street, the father can't legally live at the home with his wife and children. "When people think about the registry, they don't conceptualize that," Aukerman said. "They don't conceptualize a dad who is married to the mother of his children. This is a family that can't be together because of the registry." Looking to the original version of the state's sex offender registry act, Bouchard said he anticipated the law would need to be looked at in the future. "I expected after I wrote the original act that it would take a constant process to stay on top of it," Bouchard said. "When originally written, it was just available to local police departments. As technology evolved, it made that information more accessible." In its original form, the act established a database that contains the names, addresses and listed offense information of all people in Michigan convicted of certain sexual offenses. The complete database was, and still remains, only accessible to law enforcement officials. Michigan's registry was created in response to the passage of the federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994. That act required states to implement sex offender and crimes against children registries. Under the original federal law, all states must verify the addresses of sex offenders annually for at least 10 years, and those classified as a "sexually violent predator" must register for life. The law allowed states the discretion to share registration information with the public, but wasn't required.

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Michigan's original law set registration requirements of 25 years, and a lifetime registration for second or subsequent offenses. Information in the database, at the time, was only available to law enforcement and was exempt from Freedom of Information Act requests. In 1996, the names on the registry were made

available to the public via local law enforcement agencies. The public sex offender registry (www.mipsor.state.mi.us) was made available on the Internet in 1999, when at the same time, offenses requiring registration were expanded. In 2002, the law was changed to require registrants to provide information to local law enforcement if they were working, volunteering or attending an institution of higher learning. Several changes to the the state's registry law were made in 2004 and 2005, including the requirement of photographs of each registrant, as well as the creation of "student safety zones," which prohibits convicted offenders


from working or loitering or living within 1,000 feet or less from school property. In 2011, the state's registry law was again updated to conform with requirements of the federal Adam Walsh Child Protection and Safety Act of 2006. Changes that year also allowed for some offenders to be removed from the registry, including the exclusion of some so-called Romeo and Juliet and juvenile offenders, or those having consensual sex with partners between the ages of 13 and 16, provided the offender wasn't more than four years older than the victim. However, it is still illegal for anyone under 16 to have sex in Michigan.

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The 2011 changes also implemented a threetier offender system, where offenders are classified into tiers based on the severity of their offense, and required to register for 15 years, 25 years, or for life. Prison and jail time aren't included when calculating the end registration date. The changes were tied to federal mandates

requiring states to make the changes or risk losing federal funds for law enforcement. After registering, offenders must report to the law enforcement agency where they live to verify their address. Tier I offenders must verify once a year; Tier II offenders verify twice a year; and Tier III offenders register three times per year. According to the Michigan State Police, individuals can be found out of compliance if they: fail to register; fail to change their address when they move; fail to verify their address; fail to provide or update campus information; fail to update vehicle information; fail to provide or update employment information; fail to provide a name change; fail to report e-mail addresses or Internet identifiers; fail to maintain a valid Michigan driver's license or personal identification card; reside, work or loiter within 1,000 feet of a school. Those who don't follow the rules of the registry can face anywhere from a misdemeanor to a 10-year felony. For instance, the penalty for failing to verify an address is a misdemeanor, as is failure to pay for the registration fee, sign a registration card, registration notification, or verification form. All other violations carry a graduated penalty, ranging from a four-year felony to a 10-year felony. The state sex offender registry law allows an arrest warrant to be authorized by a prosecutor for a non-compliant offender. After a warrant is entered into the Law Enforcement Information Network (LEIN), the offender can be apprehended during a traffic stop or any other contact with law enforcement. In addition, law enforcement agencies may conduct periodic offender sweeps, during which offenders' addresses are confirmed, and noncomplaint offenders are actively sought. Enforcing the rules and checking up on registrants can take resources from law enforcement agencies, some of which conduct community checks to see whether offenders are providing accurate information. However, those checks aren't required under the law. Bouchard said sheriff's substations in the county do check on offenders that may be non-complaint when addresses are in question. "It's not required for agencies to go out and physically check – that would be unconstitutional under the Headlee Amendment," Bouchard said. "But we suggested it." Statewide, there are about 30,877 offenders that must verify their address

either yearly, semi-annually or quarterly, while some 11,123 incarcerated offenders don't have to verify their information. According to the Michigan State Police, 28,372 offenders were in compliance, while 2,507 offenders failed to comply, following the state's September 2015 verification period. The Michigan State Police Department's Public Sex Offender Registry is constantly being updated by the department's Sex Offender Registry Unit, which receives updated offender information from local law enforcement agencies electronically, by fax and by mail. Department spokeswoman Tiffany Brown said the public registry is updated in real time as the new information is added. "Generally, the unit updates the registry within five business days after receiving a record change," she said. "The information received by the unit typically includes court orders for removals or tier changes." Law enforcement agencies also rely on the public to help identify noncompliant offenders as well. Such was the case with a 29-year-old offender allegedly working within the 1,000 foot restriction of a school in September. Walled Lake police said an off-duty officer was bowling at Langan's All Star Lanes, 257 Ladd Road, on September 27, 2015, when he was informed an employee at the bowling alley was a registered offender in the city, and was non-compliant by working at the location. Police confirmed the complaint on October 1 when the man registered a different work address, and the detective caught the mismatched information. The case was forwarded to the Oakland County Prosecutor's Office. On March 31, 2015, U.S. District Court Robert Cleland issued a ruling on the case filed in 2012 by the ACLU, John Does #1-5 and Mary Doe v Governor Richard Snyder and Col. Kristie Etue of the Michigan State Police Department. In his ruling, Cleland held that ambiguity in the act, combined with the number of and length of the act's provisions, make it difficult for a well-intentioned registrant to understand all of his or her obligations. "SORA (Sex Offender Registry Act) was not enacted as a trap for individuals who have committed sex offenses in the past (and who have already served their sentences)," he stated in his ruling. "Rather, the goal is public safety, and the public safety would only be enhanced by the government ensuring registrants are aware of their obligations."

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Specifically, the court found that the act's geographic exclusion zones are unconstitutional because registrants have no way to know where these zones are, and even law enforcement doesn't know where these zones are. The court also found the prohibition on "loitering" within those

zones is unconstitutional because an ordinary registrant can't know whether his or her conduct is "loitering." Further, the court found that registrants can't be penalized unless they knowingly violate the registry law; and that because the registry law's Internet reporting requirements are vague and because the registrants must report changes in person, the majority of those requirements violate the First Amendment's protection for free speech. The federal court also found that certain reporting requirements pertaining to vehicles, phones or other items "regularly" or "routinely used" are unconstitutional, as neither registrants or law enforcement know exactly how often the item must be used to be reportable. While the court questioned whether geographic exclusion zones and "loitering" bans also violate the parental rights of registrants who have


YOUR COMMUNITY: WHERE DO THE OFFENDERS LIVE? The Michigan State Police Department maintains the state's public Sex Offender Registration (SOR) database, which contains the names, addresses and listed offense information of all persons in Michigan convicted of sexual offenses. The complete SOR is available for law enforcement purposes only, while the public database is available to the public to search at www.mipsor.state.mi.us. As of November 1, 2015, there were about 42,000 active sex offenders in the database, including 11,123 offenders who are incarcerated. About 38,521 offenders appear on the Public Sex Offender Registry, including 1,815 offenders in Oakland County.

children, it held off on deciding the question because the statute is so vague the court couldn't determine its impact. "We actually had volunteers call police departments and prosecutors to get information, and all of them were different," the ACLU’s Aukerman said. "If the people enforcing the law don't know what the law means and give different information to different people, how can you expect the folks registering to understand this incredibly complicated law?" Bloomfield Hills defense attorney Shannon Smith, who specializes in criminal sexual offense cases, said some portions of the state's sex offender registry law are so confusing that they can't consistently be answered. "One of the major issues with the law is that it is very vague and unclear," she said. "We have calls to my office that we literally can't answer. The law is inconsistently applied. One answer that works in one county may not work in another. It makes it a mess. "Sometimes I call the Michigan State Police, and they say that they don't know what the answer is. The problem is that the law is very unclear, it's difficult to read, and it doesn't take into account every circumstance." Even in some instances where registrants have taken measures to ensure they are following the law, they receive conflicting information from law enforcement agencies. A federal court case recently filed on behalf of a Grand Rapids man claims that a registrant checked with police there whether he could move into a specific address and was told he could, only to be told when registering the address that he would have to move within 30 days. Aukerman said the federal ruling means that Doe #4 will still be required to register on the state sex offender registry, but that he isn't subject to the geographic exclusion zones. The ruling also clarifies and provides relief to other plaintiffs in the case, however, the ruling doesn't have immediate effect for all offenders on the state's registry. "The ruling is limited specifically to that case. It has no binding effect on the state, but it's a persuasive argument," said Paul Walton, chief assistant prosecutor for Oakland County.

The following is a list of the number of registered offenders on the public registry in Oakland County by community: Addison Township: 4 Auburn Hills: 36 Berkley: 20 Beverly Hills: 2 Bingham Farms: 0 Birmingham: 4 Bloomfield Hills: 13 Bloomfield Township: 5 Brandon: 0 Clarkston: 48 Clawson: 17 Commerce: 13 Farmington Hills: 67 Farmington: 7 Fenton: 42 Ferndale: 48 Franklin Village: 0 Groveland Township: 0 Hazel Park: 75 Highland: 35 Holly (Township & Village): 43 Huntington Woods: 1 Independence Township: 0 Keego Harbor: 6 Lake Angelus: 0 Lake Orion: 40 Lathrup Village: 2 Leonard Village: 6

Lyon Township: 0 Madison Heights: 35 Milford (Township & Village): 18 Northville: 12 Novi: 25 Oak Park: 50 Oakland Township: 1 Orchard Lake: 0 Orion Township: 5 Ortonville: 8 Oxford (Township & Village): 31 Pleasant Ridge: 1 Pontiac: 566 Rochester Hills: 52 Rochester: 10 Rose Township: 0 Royal Oak: 55 Royal Oak Township: 0 South Lyon: 18 Southfield: 118 Sylvan Lake: 1 Troy: 42 Walled Lake: 11 Waterford: 159 West Bloomfield: 27 White Lake: 42 Wixom: 11 Wolverine Lake: 6

*Source: Michigan State Police Department

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While Walton said the case doesn't relieve all offenders of their duties under the law, it does provide a persuasive defense for some defendants. Ultimately, he said, prosecutors and state courts are bound by the state's law. "I know both sides of the argument, and there is a lot of pressure to look at the

sex offender registry," he said. "Some of the provisions become difficult to enforce. What is 1,000 feet of a school? Where does that start? How is it marked? There are pragmatic issues there." While the court ruling suggests the state must take action to address some issues with the state's sex offender registry, relaxing some of the state's existing requirements could be viewed as a politically risky move where the public is less than sympathetic to the plight of sex offenders on a whole. Since the court ruling, only one bill has been introduced in the state legislature to address the federal court's findings. "I think it's politically risky not to do anything. Right now, the offenders can go back to the school yards," said state Sen. Rick Jones (R-Eaton), who introduced Senate Bill 581, which would amend the state's Sex Offender Registry Act. "I was a law enforcement officer for 30 years, and I


have opinions of a sex offender. Whether they are a flasher or a pedophile, I don't think they belong around schools. We've had these laws for 30 years, and I think they are helpful, but a federal judge said it wasn't very clear."

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The bill, which was introduced on October 27, 2015, would make five key changes to the state's sex offender registry law, including: revising the definition of "loitering," "student safety zone," and "school property"; revise the information that must be reported immediately and in person; revise the prohibition against a

sex offender registrant's loitering near a school; revise information that must be included n the law enforcement database of registrations and the publicly available website, which are maintained by the Michigan Department of State Police; and revise provisions dealing with a waiver of initial and annual registration fees for a registrant who is indigent. "We had to redefine 'loitering,'" Jones said. "Also, because of the judge's ruling, we had to deal with sex offenders who are parents. If a sex offender is a parent, and they have a child in school, they can go to a parent teacher conference, drop them off and pick them up at school, or go to an event or something at the school." Under the current act, "loiter" means to remain for a period of time and under circumstances that a reasonable person would determine is for the primary purpose of observing or contacting minors. Under the bill, "loiter" instead would mean to remain for a period of time, whether or not in a vehicle, with the intent to engage or solicit another person to engage in an act prohibited by a listed offense involving a minor for which registration is required under the act. Also under the bill, a "school safety zone" would mean school property and the area that lies 1,000 feet or less from the property line of a school property. The bill also further clarifies the definition of school property. The bill would also eliminate immediate reporting and notification of e-mail or instant messaging addresses, or other Internet identifiers; or buying or beginning to regularly operate any vehicle, and discounting ownership or operation of the vehicle. However, such information would still be required to be reported. "In my opinion, and those of the great legal minds that helped me, it brings us into compliance with the federal judge's wishes," Jones said. While the bill addresses some of the issues brought up by the federal court, Aukerman with the ACLU said it doesn't address all of the issues with the geographic restrictions placed on registrants. "It addresses a number of problems, but there are a lot still out there in terms of what the court said is unconstitutional, and the larger issue of who needs to be on the list," she said. While court battles are fighting over specifics of the current state sex offender registry law, mounting research and legal experts are calling for a change in determining who should be on the list, and for how long. According to results from several national and state studies, the recidivism rate of sex offenders is lower than criminals convicted of nonsexual related crimes. Further, research has shown that offender-based registries, such as Michigan's, which requires offenders to register based on specific offenses, have a negative effect on recidivism. Dating back to 2003, a study conducted by the federal Bureau of Justice Statistics found that about 5.3 percent of sex offenders released from prison in 1994 were rearrested for another sex crime within three years. The study

found that 43 percent of sex offenders were rearrested for any crime, while 68 percent of all offenders in the study were rearrested for any crime. However, sex offenders were about four times more likely than non-sex offenders to be arrested for a sex crime after their discharge from prison, or 5.3 percent of sex offenders versus 1.3 percent of non-sex offenders. Of the almost 9,700 sex offenders released in 1994, nearly 4,300 were identified as child molesters. An estimated 3.3 percent of the child molesters were rearrested for another sex crime against a child within three years. In almost half of child victim cases, the child was the prisoner's own son or daughter or other relative. Attorney Smith said the connection to the victim is one reason why the state's registry tends to provide a false sense of safety. "It happens around Halloween. Everyone looks up all the sex offenders on their streets and says they won't go to those houses. They really need to be worried about family and others who spend a lot of time with their children," she said. "I've never had a case where I've defended someone who lost their mind on Halloween and went out and molested a kid. It's the family member, the day care worker or teacher." J.J. Prescott, a law professor at the University of Michigan and nationally recognized expert on sex offender registry laws, said offense-based registries, such as the registry in Michigan that lists registrants based on their specific offense, don't take into account the actual risk of that individual reoffending. "What we do know, I think, is that we passed these laws without any evidence to indicate that they work. And there are some good reasons to show that they do more harm than good." In a report to the federal court in the John Doe case, Prescott stated that while the threat of becoming subjected to a notification regime – and the shame of collateral consequences that accompany being publicly identified as a sex criminal – had a measurable deterrent effect, i.e., reducing offenses by non-registrants. But, he said, "once we take into account the number of individuals subjected to public notification, we find that the more people a state subjects to notification, the higher the relative frequency of sex offenses in that state. "These results are highly statistically significant. Our estimates indicate that it is very unlikely that these laws are reducing recidivism by registrants, and that it is likely that these laws are actually increasing recidivism." In Michigan specifically, a 2013 study titled "An Evaluation of Sex Offender Residency Restrictions in Michigan and Missouri", stated that research hasn't substantiated a link between residency restrictions and reduced crime. "Overall, the findings suggest that if residency restrictions have an effect on recidivism, the relationship is small," the study states. "In Michigan, trends indicate that this effect would lead to a slight increase in recidivism among the sex offender groups, while in Missouri this effect would lead to a slight decrease in recidivism." In its summary, researchers cautioned the expansion of residency restriction legislation. "The findings suggest that residency restrictions are unlikely to mitigate or reduce the risk of recidivism among sex offenders." Prescott said "risk-based registries take into account lots of additional details, such as the age of the offender and victim, the type of victim and other information.” Risk is then calculated based on evidence beyond the type of conviction, and only those at high risk or at least medium risk would be publicly registered. In other words, the actual statute violated only plays a role in the risk calculation, not the sole determining factor. Under offense based registries, he said, some minor offenders who pose little realistic threat are likely to become more dangerous – either with respect to sex crimes or other crimes – because these individuals will be harassed, made pariahs, have great difficulty finding employment and housing and other problems. "In other words, if you're not already destined to be a life-time criminal, being publicly listed as a sex offender is going to make you more likely to lead a life of crime, or at least make few or only negative contributions to society,” Prescott said. "There is little doubt in my mind that there are a very small group of sex offenders who need to be very carefully regulated and monitored. Probably identifying these people using a risk-based approach would make the most sense. If we focus our resources on these people, we can do a better job at reducing the threat."


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Josh Kaplan y 14-years-old Josh Kaplan owned two companies, so it was no surprise to see the established 30-year-old entrepreneur and CEO of Sunscreen Mist on ABC’s hit show, Shark Tank. “It was an honor to receive the opinion and guidance from someone like (businessman and billionaire) Mark Cuban,” said the West Bloomfield native. Despite tough criticism from the wealthy investors, Kaplan and his business partner Tony Fayne felt privileged to gain exposure and feedback from the “sharks”. “Tony (Fayne) is a lifelong friend and he brought (Sunscreen Mist) to us,” said Kaplan, who co-founded the SLI Group in Commerce Township with his brother Darryl Kaplan and cousin Max Cornfield. Fayne felt compelled to create a product to help protect others from the sun’s harsh rays after a friend of his was diagnosed with skin cancer in his 30s. “(Fayne) proved he wanted to commit to this company,” Kaplan said. “(Skin cancer) is a relatively preventable disease. I happen to sit on the board of Kids Kicking Cancer, so it was an opportunity we couldn’t pass up.” The SLI Group manufactures and distributes for automotive, medical and financial industries. The company also manufactures the machines for Sunscreen Mist. Their sunscreen stations can be permanently or temporarily placed at desirable locations such as beaches, zoos, sporting events, and outdoor concert venues. An after-sun aloe vera lotion is also available. “It’s really taking off,” Kaplan said. “We have over 25 machines placed internationally. They can be used for music festivals, golf outings and community events. Booths are meant for when you are in a bathing suit.” Consumers can walk into a hygienically-cleaned booth, choose their SPF and attain full sunscreen coverage. Lotions are water and aloe vera based so they will not discolor swimwear. The mobile stations are created for venues like golf courses and zoos where less skin is exposed. Consumers can just target sun exposed areas at Sunscreen Mist stations. “Domestically, we’ve had them at music festivals in New York, tournaments in California, zoos and golf courses,” Kaplan said. “We have a mixture of permanent and mobile machines.” Kaplan’s savvy entrepreneurial skills began long before he was a jet-setting business mogul. “I opened my first company when I was 14-years-old,” he said. “Actually, I opened two. I started Digital Net where I built computers for people. I also started Big Time Promotions. It was an event company. It was almost like a nightclub for kids.” For Big Time Promotions Kaplan would book talent, take care of promotions and catering. Asked how the West Bloomfield High School alumnus balanced schoolwork and business, he chuckled, “It was easy. I neglected my school work. I just had the entrepreneurial itch.” Sunscreen Mist has satellite offices in warmer climates around the US. Despite a reputation for fickle weather, Michigan remains Sunscreen Mist’s home base. “We are committed to growing Michigan. We are from Michigan and we like being part of the resurgence of the area. We are proud to say our business is here.”

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Story: Katey Meisner

Photo: Jean Lannen


ARTIFICIAL TURF: The debate has all the signs of a classic case of passing the buck. elements in the crumb rubber turf playing fields, while our state agencies, and the excuses continue to mount. Meanwhile, staff was ordered closed due to health concerns and how a coach of a anecdotal evidence of an increase of cancer among goalkeepers

Old car and truck tires, pulverized and repurposed, create cushioning in artificial athletic fields nationwide, enabling schools to increase the number of practices and games played, yet the safety of crumb rubber – tiny black rubber particles, called “turf bugs” in the sports community – remains disputed as a purported cause of increased injuries to student athletes. There are also numerous parents, coaches, and physicians nationwide who cite an increase of serious illnesses, including cancer, in those athletes who have played on artificial crumb rubber turf. Yet studies remain ambiguous as more and more school districts add artificial turf to their high school playing fields.


INCREASED CONCERN The EPA says it is up to the states to determine the impact of toxic environment officials say such testing is the purview of the federal reporter KATIE DESKA notes how one playing field in New Jersey women's soccer team at the University of Washington found who competed on artificial turf.

Made of multiple layers, artificial turf systems require a base of drainage material such as stones, followed by a pad of rubber, commonly called the E-layer, topped off by a carpet of synthetic grass blades, which is filled in with crumb rubber, leaving about a half-inch of grass blades on the surface. Artificial turf “is made up, at least in part, of a lot of toxic substances,” said Nick Leonard of the Great Lakes Environmental Law Center (GLELC), which is affiliated with Wayne State University. Citing a peer review study in the U.S. National Library of Medicine, the GLELC reported, “the four metals (lead, arsenic, cadmium, and chromium), that are commonly found in crumb rubber, have been described as systemic toxicants that are known to


induce severe adverse health effects, even at lower levels of exposure.” The health risks from overexposure to the four metals, which are all listed on the U.S. Environmental Protection Agency’s (EPA) Carcinogen List and Priority Chemical List, include, “cardiovascular disease, developmental abnormalities, neurologic and neurobehavioral disorders, diabetes, hearing loss, hematologic and immunologic disorders, and various types of cancer,” according to the GLELC. Under contract from CalRecycle, the California Department of Resources Recycling and Recovery, California’s Office of Environmental Health Hazard Assessment (OEHHA), published a brief explanation of a planned study that will evaluate athlete exposure to chemicals released from crumb rubber and artificial turf blades, “in synthetic turf from indoor and outdoor fields throughout California,” it stated. A recent statement from Laura Allen, deputy press secretary for the Environmental Protection Agency, said, “EPA and other federal agencies are collaborating with California as they design and carry out their assessment” of crumb rubber.

surface than natural grass, and crumb rubber infill is used in over 98 percent of all synthetic turf fields worldwide, according to the Synthetic Turf Council (STC). In addition to other high schools throughout Michigan, almost all high schools in the Oakland Activities Association have ripped up grass fields in favor of installing artificial turf since the 1990s. The list includes all high schools in the districts of Birmingham, Bloomfield, Farmington, Rochester Community Schools, Southfield, Troy, Walled Lake, Waterford, and West Bloomfield, as well as several metro Detroit area private schools including Cranbrook Kingswood, Detroit Country Day School, The Roeper School, and Orchard Lake St. Mary’s Preparatory. “We like that it’s very little maintenance and you can play a lot of games, endless amount of games, and not chew up the fields,” said Mike Cowdrey, athletic director for Bloomfield Hills Schools. “When it’s inclement weather, the (grass) fields get chewed up real quickly with cleats. It’s a huge concern, when running several practices a day on the surface, that we have it stay in good condition.” The second advantage to using crumb rubber as an infill layer in fake turf is that it enables schools to increase athletic programming, without the risk of large divots or filthy mud pits that often characterize grass fields after a rough winter or an aggressive game played in inclement weather. In comparison to first generation turf, which didn’t have the rubber infill and was akin to playing on cement, the crumb rubber adds cushioning, Cowdrey said. Touted as cheaper and more durable than grass fields, school staff in various local districts echoed each other in that the primary reason the switch was made from natural grass to synthetic turf is in order to maximize use of the field without losing quality, while also cutting down on weekly maintenance duties, which require the costs of equipment and hours of manpower. A number of Oakland County schools that Westend newsmagazine contacted, including Rochester Community Schools, Waterford, Farmington, and Troy, switched to artificial fields after voters approved bonding proposals, which funded the synthetic turf installation, along with other improvements to the athletics facilities. Walled Lake Northern was “originally installed in 2002, but replaced in 2012,” said Bill Chatfield, director of operations

for Walled Lake Consolidated Schools. The “original turf system at Northern cost approximately $750,000 and included grading, drainage, concrete border, etc. Replacement of turf grass cost approximately $425,000, (because we) didn’t need to replace all the infrastructure,” said Judy Evola, spokesperson for Walled Lake Consolidated Schools. “Western and Central were installed in 2005 as part of the 2004 bond,” said Chatfield. “Ten to 12 years is the expected life of a turf field, but that varies with use. Western and Central are still in pretty good shape and should last several more years.”

E T he EPA recently stated that previous studies conducted by federal, state and local agencies, including the Consumer Protection Safety Commission and the Agency for Toxic Substances and Disease Registry “were not sufficient in size or scope, to draw conclusions about the safety of all fields and they cannot fully answer questions that have recently arisen about exposure to tire crumb beads and their potential to be ingested or get under the skin when abrasions occur, and what if any potential risks might be posed from that exposure.” Yet, the EPA continues to fail to conduct an independent federal study, asserting that “states and local governments are the primary agencies for regulating the management of used tires and have been responsible for assessing the environmental and public health impacts and challenges of managing tire piles, which can be vectors for mosquitoes and/or at risk for tire fires.” While under scrutiny for safety, artificial fields have gained substantial popularity as a more reliable playing

vola said the costs for maintenance with grass ran approximately $25,000 per year including irrigation, fertilizer, striping the lines, and seeding. Maintenance for turf, on the other hand, costs about $10,000 per year for raking, replenishing the rubber infill and occasionally making seam repairs. Rochester Adams, Rochester High and Stoney Creek put in their new fields in 2005. “They were part of a 2003 bond that renovated the middle schools and updated some athletic facilities,” said Rochester Community Schools enrichment and athletic supervisor Tim Novak. Farmington Public Schools installed synthetic turf fields one at a time at each of the district’s three high schools after voters approved a 2004 bond proposal. Margaret Tellford, athletics secretary for Farmington, said, “It’s easier to take care of. We supposedly save money on maintenance, and it’s supposedly easier on children, as far as injuries. As a taxpayer here in Farmington, I’m still paying that bond.” Waterford Mott and Waterford Kettering each got the new synthetic turf fields in 2013. “Those were funded through a 2003 bond, but it was a matter of the economy tanking,” said Rhonda Lessel, school and community services associate director for Waterford School District. “We just sold the last $15 million of the $100 million, which was for a variety of projects.” The former Andover High School, now the home of Bloomfield Hills High School,


had a turf field system installed about a decade ago. A year later, one was installed at the district’s second high school, then known as Lahser, which was replaced with new turf in 2012. Bloomfield Hills' Cowdrey said the district decided by a vote of the members of the board of education to switch to turf. “It was a large expense,” Cowdrey said. “They represent the voters; I imagine they fielded a large amount of questions.” During the construction of the new, larger high school, Andover’s turf field was replaced. What we did was change it to new carpet that represents the Blackhawks.”

installation) because you’ve done the drain work and sub prep; but you do have to plan for that. You hope to get 12to 15-year life out of a turf.” Detroit County Day School, located in Beverly Hills, installed its first artificial field in 1998 at the school’s Stadium Field, and then replaced it with a new turf in 2011. Other turfs on DCD grounds include Fieldhouse, installed in 2011; Hillview Fields; installed in 2012; and a multipurpose field installed in 2015. West Bloomfield High School installed its artificial turf about 15 years ago, said athletics secretary Chris Holt. “People wanted to rent it because it was turf. We’ve had work done to it, like patching, but we’ve never replaced it.” “For Athens (High School) and Troy (High School), at some point they looked at cost, to cut the grass, maintain the grass, and felt that turf would allow sports teams to be on the field longer, and during inclement weather wouldn’t get muddy. The band is on that turf a lot, too,” said Mike Jolly, athletic director for Troy School District, which installed the new fields at both high schools about 15 years ago. “Back in 1999, 2000, it was about a million (dollars) a field. That price came down.” The Roeper School began renting time on artificial turf from Ultimate Soccer Arenas in Pontiac to ensure their players have the field for the hours of practice during the athletic season. “We’ve rented it for the next 15 years during the athletic seasons,” said Ed Sack, interim athletic director. Roeper has reserved their slot “from 4 to 6 p.m. for three months in the fall and three months in the spring.” Sack said the community was excited. “We wanted to have assurance we would have a place to have our kids play in the long term.” Roeper had previously been renting time and playing space at St. James Park, behind the YMCA in Birmingham. None of the schools said they had had an increase in injuries due to play on artificial turfs; neither was there concern over potential risks to their athletes. Most local athletic directors focused on the positive aspects of the turf, and the decreased cost to their school, while nationwide there is an increasing concern over potential health risks to athletes. Each new synthetic turf field, using crumb rubber infill, utilizes about 40,000 tires, said Nancy Alderman, president of Connecticut-based Environment &

Human Health, Inc. (EHHI), a non-profit composed of physicians and public health officials. “Recycling is good, but certain products should never be recycled,” said Alderman. “You shouldn’t recycle lead, you shouldn’t recycle asbestos, and you shouldn’t recycle tires where children play.” EHHI began researching the effects of exposure to ground up rubber tires in 2006. “We didn’t really think about it,” said GLELC's Leonard of Wayne State. “We saw the benefits of increased usage and lower maintenance responsibility, but didn’t give full consideration of what these fields are made of. The closest we have was a very informal survey conducted by a soccer coach.” One of the “pros” of such tire repurposing is that it utilizes the endless surplus of scrap tires. “The industry standard is about one (scrapped) tire per person, per year,” said Rhonda Oyer, acting chief of solid waste for the Michigan Department of Environmental Quality (MDEQ).

T A he carpeting on the fields has to be replaced about every decade, he said, and annual maintenance must be done in the interim. “There are companies that come in and sweep the field professionally, and run very large magnets across it for things like track spikes and bobby pins, whatever might fall off an individual and into the carpet. It gets compacted into the crumb rubber,” said Cowdrey. “They vacuum it, and add more crumb rubber. Our maintenance people can sweep and spread crumb rubber, as well.” Cranbrook Kingswood High School in Bloomfield Hills, which played their homecoming football game in 2013 on the new turf at Del Walden Field in the Thompson Oval, purchased the equipment to do heavy duty cleaning on their own. “We purchased a magnet and one of the brushes and our facilities staff come through regularly,” said Steve Graf, athletic director for Cranbrook's Upper School. “They will clean it before the home game in a couple weeks, and once before we put the turf to bed for winter, and once before spring season. We heard that regular maintenance care can go a long way, and that those who neglect the turf, as it's easy to do, say ‘What happened to our turf?!’” Graf said their turf field cost around $1 million, and that an alumni donated the majority of resources for the project. “We talked to our booster club about when would we start putting funds aside on an annual basis for new turf. It’s about 40 percent of the cost (of original

bout 9.5 million to 10 million tires get scrapped every year in Michigan, according to Oyer. Before Michigan’s Scrap Tire Statute became effective in 1991, and six years after the first scrap tire law was introduced in Minnesota in 1985, “We had 31 million scrap tires piled throughout the state in various places,” Oyer said. “The response was to come up with a law that required proper management, including storage requirements, pile sizes and making sure there were fire lanes because one of the hazards with scrap tires is fire. If they catch, it’s a big problem for air and water. The other big issue caused by unregulated piles of scrap tires is mosquitos and mosquito-borne illness, so it’s a public health issue.” It’s illegal to put a whole tire in the landfill, but “if you cut it in half, you can put it in the landfill.” The question is, if tires aren't safe enough for landfills and the environment, are they safe enough as a playing field for our children? Various levels of authority assume the safety of crumb rubber used in the fields is a non-issue, or place the responsibility


of investigation on different governing bodies. “We, in Michigan, have not researched it. We basically rely on the EPA and the industry to put together standards for those materials,” said Oyer. “Past studies have not shown there to be any problem with the material.” According to John Johnson, communications director for the Michigan High School Athletic Association (MHSAA), the perspective of the MHSAA is that, “it’s up to the schools to do the research and make the determination. The schools haven’t given the association the authority to tell a school, ‘No, you can’t install that astroturf,’ because there’s a body of thought out there about the long-term effects. If the day were to come when there’s an overwhelming body of evidence that it should go in this direction or that, then the organization may take a stance relative to its tournaments because that’s where our authority is.” One of the questions posed this October by the House Energy and Commerce Committee to the EPA reads, “What does the Agency know about the incidence (percentage of population by sex and age level) of cancers in the general population? To the best of your knowledge, is the incidence for persons who play on fields treated with crumb rubber higher than in the general population?” In response, the EPA acknowledged, “The existing studies do not comprehensively address the recently raised concerns about children’s health risks from exposure to tire crumb.” Consumer Product Safety Commission Chairperson Elliot Kay said, “Our agency is not big enough to do everything we want and need to do. With more funding and more enhanced legal authorities from Congress, the federal government can do far more. Progress will remain slow – and much-needed clarity will be delayed – until Congress finally treats potential exposure to harmful chemicals as the public health priority that is should be.” “Right now, artificial surfaces find favor with us when selecting football semi-finals in late November and soccer finals in early November,” said MHSAA's Johnson. “It’s a playing surface you can depend on. We’re supportive of anything that schools do that maximize what they’re able to do for their schools and communities.” Amy Griffin, associate head soccer

coach for the University of Washington women’s team, compiled a list of athletes who have developed cancer. To date, she has anecdotal evidence of 38 cases of cancer among soccer players, 34 of which played the position of goalkeeper. “She surveyed soccer players from around the county who played on artificial fields, and she basically found that there was a higher rate of cancer amongst that population, among those players. So everyone is trying to figure out ‘Why these players?’ It begs for more research,” Leonard said. He continued, “We’re especially concerned about children being exposed when they play on it. A New York state environmental conservation study found a lot of artificial turf fields contain these carcinogens at levels that exceed healthbased soil standards. If it was on publicly held land, the state would remove the contaminated soil and replace it with non-contaminated soil.”

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eferencing a study conducted by the New Jersey Department of Health and Senior Services (NJDHSS), the Centers for Disease Control (CDC) in 2013, stated, “Artificial turf made of nylon or nylon/polyethylene blend [grass] fibers contains levels of lead that pose a potential public health concern.” It went on to say, “as the turf ages and weathers, lead is released in dust that could then be ingested or inhaled, and the risk for harmful exposure increases.” It also noted that, “fields that are old, that are used frequently, and that are exposed to the weather break down into dust as the turf fibers are worn.” Bernadette Burden of the CDC said, “The NJDHSS assisted the EPA in a study of a scrap metals yard in Newark, New Jersey, and collected and tested dust and fibers from a neighboring turf field, where children play.” “The department found high lead levels in the turf fibers, and recommended the field be closed, which was done,” noted a 2008 press release from New Jersey’s Department of Health. For the study, the department used the NJ Department of Environmental Protection’s residential soil clean up criteria for lead of 400 mg/Kg.

Burden said “The ASTM (American Society for Testing and Materials) International published a standard for lead in synthetic turf which limits the lead content of the ‘grass blades’ to no more than 300 mg/kg.” However, those standards are voluntary, not forced. The standard was created after a request was made in 2008 by the CPSC, an agency charged with the responsibility of protecting consumers. After the discovery of elevated levels of lead in the New Jersey study, CPSC stated, “Staff is asking that voluntary standards be developed for synthetic turf to preclude the use of lead in future products. As turf is used during athletics or for play and exposed over time to sunlight, heat and other weather conditions, the surface of the turf may start to become worn and small particles of the lead-containing synthetic grass fibers might be released.” “The majority of peer-review published studies focus on the off-gassing of chemical constituents and the potential leaching of chemicals in crumb rubber infill,” said Burden. She cited a study published in 2010 from a journal on occupational health which concluded, “This study provides evidence that uptake of PAH (polycyclic aromatic hydrocarbons) of football players active on artificial grass fields with rubber crumb infill is minimal.” “Not one study out of the 51 we cite and make available on our website warns against a serious elevated human health or environmental risk from synthetic turf,” said a March 2015 post by Synthetic Turf Council, which is composed of executives from the rubber and synthetic grass industries. “No one study will ever provide a definitive overview on every aspect of research that could be analyzed related to synthetic turf. That is the nature of scientific research; there can always be one more study and one more opportunity for review.” Leonard, of the GLELC, said, “Typically, artificial turf increases usage, and has a lower maintenance responsibility, and those are great. But everyone would agree that talking about the safety of our kids, especially in relations to cancer, you want to make sure you’re making the right decision. You can go back and, if you find artificial turf is safe, you can put it in later. But you can’t go back and help the child that has cancer or lead poisoning. Those are so much more severe and serious.”


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FIGHTING OVER ASSESSMENTS FEW WINS FOR COMMUNITIES AT TAX TRIBUNAL

BY LISA BRODY

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efore Northland Mall shuttered its doors and fell into foreclosure, it was already costing the city of Southfield millions of dollars, as its owners challenged the city's assessed value, the price a municipality determines for tax purposes what a property is worth. For at least 15 years before the mall was foreclosed, subsequent owners disputed the city's assessments, which originally valued it at $36 million. Owners brought it before the Michigan Tax Tribunal, and Southfield sued and lost, receiving a reduced assessment for the mall of half – $18 million. The mall property, which recently sold to the city for a little over $2 million, will be completely taken off the tax rolls, demolished, and sold for redevelopment.


In every community, parcels of property are assessed and evaluated for their value, and then provided a value for taxation purposes. When the millage in the municipality is applied to the value, the property tax is determined for the specific property, whether it is residential, commercial or industrial. Not every property owner, however, likes or agrees with the assessed value of their property. Their redress is in the form of boards of review in their city, township or village, or by taking it to the Michigan Tax Tribunal, where the five appointed judges look at various assessments, listen to attorneys' arguments, and determine the absolute valuation at that period of time for a property.

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he Michigan Tax Tribunal is a tax appeals court that most residents have never heard of. It is an administrative court that hears tax appeals cases for all Michigan taxes, with an emphasis on property tax cases. The tax tribunal is divided into two separate divisions, with the Small Claims Division hearing primarily residential cases and some agricultural appeals, while the Entire Tribunal hears all other cases. If you get your tax bill twice a year and pay it promptly, how does the Michigan Tax Tribunal still affect you? A case going before the tax tribunal can have a significant financial impact to your community, costing it a great deal of revenue. Occasionally, a city, township or village may actually receive a more significant judgement from the tribunal, but in most cases, either a judgement from the tax tribunal, or a settlement between the municipality and the plaintiff is reached that is significantly less than the original assessment, such as what the city of Southfield experienced with Northland Mall. And the losers are actually all the residents and businesses in the municipality, because there is less money to provide services to everyone in that municipality. Cities, townships and villages receive a majority of their revenues for their general operating funds from property taxes. These taxes fund municipal programs and services, including police and fire protection, capital and infrastructure improvements, often refuse and waste collection, and can include recreational facilities and activities. The revenue source is based on the taxable valuation of residential, commercial and industrial real and personal property as determined by the city or township assessor. Many communities in Oakland County outsource their assessing duties to the Oakland County Equalization Division, including Birmingham, Bloomfield Hills, Commerce Township, Rochester, Walled Lake and Wolverine Lake, while others have their own municipal assessor.

Millage rates levied on taxable values are determined annually during the budget process for the municipality, and are established in order to have adequate funding to support the level of services, programs and projects that have been approved in the annual budget. In Oakland County, tax bills also include school millages, taxes for Oakland Community College, state education tax, an Oakland County tax, and millages for the Detroit Zoo, Detroit Institute of Arts, Oakland County Parks and Recreation, and in some municipalities, Oakland County Public Transportation millage for SMART services. The Great Recession not only saw a massive drop in property values and attendant assessed values, but also challenges to municipal assessments of property, regardless of whether they were residential, commercial, or industrial. “When the economy went down, tax tribunal cases inversely went up,” said Glenn Lemon, assessor for the city of Novi. “At one time, we had more than 300 cases before the tribunal, just business, commercial, and industrial, not counting any residential. The numbers have fallen down considerably now. We only have about five cases.” At one point in Oakland County during the recession, about $3.9 billion in taxable value, or 5 percent of the county's tax base, was under review by the Michigan Tax Tribunal. “There's a gap now between assessed values and taxable values. We're looking at 2028 before we're at the same taxable value.” noted Nino Licari, assessor for the city of Troy, which saw 600 cases pile up at the Michigan Tax Tribunal at its peak. “This year they're down to 27. We budget each year for tax tribunals, and as they move forward, we adjust our projections. We lost one-third of our tax rolls. Now, we're limited (by the Headlee Amendment) to (increases less than) the rate of inflation. Last year it was 1.6 percent; this year it's 1.6 percent. Next year, the CPI (consumer price index) is .3 percent – basically nothing.” “We budget for some of that, because it obviously impacts us, and it's been bad since 2008,” said Karen Ruddy, treasurer of Bloomfield Hills. “Our property taxes are our primary revenue, and fund just about everything we do, so there goes our revenue. When you talk about Michigan Tax Tribunal, they can go back three years, so we may be done with a year (budgetwise), and they can open it back up; that's not on our radar and that revenue is already booked. We try to account for that in our budgeting. We adjust at the end of the year.” For Bloomfield Hills, foreclosed homes hit their community the hardest. “2008 – that was the bad year,” Ruddy said. “It took a couple of years to affect us on the property value revenues side.” Bloomfield Hills, which is primarily a

residential community, has a small amount of commercial property, which also saw large depreciations. The most significant tax tribunal judgement the city saw was for the Kingsley Inn property, which was assessed at $5 million in 2012; after the tribunal, its assessed value fell to $3.1 million, an important loss of revenue for the small city. “We've had less revenue, and we've adjusted to the loss of the revenue,” said John Hiller, treasurer of Rochester, noting they do not have any big box retailers or large corporate businesses in the city. “All of the residential has come back, and commercial is coming back, too, and assessed values have come back and will exceed 2007 values this year. But property tax revenue is not increasing unless it becomes uncapped.” Many other communities were decimated by the impact of commercial properties assessments being taken to the Michigan Tax Tribunal. Lemmon said Novi had a lot of empty buildings, including a lot of empty car dealerships, hotels and even the Fountain Walk strip center. “They had a tremendous difficulty getting off the ground. They felt the market did not reflect their investment,” Lemmon said. He said the initial assessment by the city of Novi was $25 million, and the owners of Fountain Walk negotiated it down by $8 million. “We ended up at $17 million. It's a huge reduction. We didn't go to trial because it can cost $20,000 to $30,000 per case to fight it. We can't spend that on each case. It's an expensive proposition. The cost to defend and negotiate, to spend out of pocket for appraisers and attorneys, that's a lot of money, as well as what taxpayers end up giving back in the form of reductions. That was in 2009, 2010 – in that time frame when every community was at a disadvantage. We weren't giving money away. “We had hotels, medical centers, mobile park homes and big box stores, like Target,” he continued. “When I'm dealing with as many parcels as I have, they each add up to a lot of money.”

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im Geierman, Royal Oak assessor, agrees with Lemmon. “We spend a lot of money, you spend a lot of money, and you don't know what the outcome will be,” he said. “The petitioner spends thousands of dollars, and you spend thousands of dollars, and who knows what the tax tribunal will decide. With the tribunal, you don't know what you're going to get. The big box theory definitely favors the petitioner, not the responder.” Geierman said he has done it long enough to know how it works. “I just started my 30th year. You have to look at what it's going to cost you. You know it has value,


but it could cost $20,000 to $30,000 to fight it, and as the tax tribunal has shown, they won't agree with you, so why bother? It's best to come to some agreement. You might not like it, but neither will they, so find some number to settle on.”

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emmon said Novi went to trial on approximately 20 to 25 properties over the last decade, including twice with the Sears location at Twelve Oaks Mall, where in 2008 their assessment was reduced from $7.4 million to $6.3 million. “And almost none went my way. I think there's an assessor's thing that the tribunal is taxed with finding some relief. We expect we're not going to find we're going to win totally.” “Two-thirds of our tax base is commercial real estate. Our daytime population is 175,000, while at nighttime, our residents make up 75,000,” said Southfield treasurer Irv Lowenberg. “We have several Fortune 500 companies, and we're not reliant on any one industry, big box or factory. We have 20 to 25 million square feet of office space. Providence Hospital is our largest employer, and is expanding their operations. We have the auto headquarters of Denso, Lear, Federal Mogul, the German company Durr is coming, BASF. It's the headquarters of law firms, architecture firms, many professionals. New owners from New York just purchased Town Center, which is our largest taxpayer.” Until recent years, Northland Mall was one of Southfield's largest taxpayers. The mall, which fell into foreclosure in 2014 and closed for good earlier in 2015, was purchased by the city in October for $2.4 million. A $31 million lien on the property will be extinguished when the sale is complete. The mall will be demolished and the site cleared. “The city took a proactive role so we won't see blight like at Summit Place (in Waterford),” said city assessor Mike Racklyeft. “We foresee a mixed use development over time. It won't be a mall anymore.” Once it is redeveloped, the mall, which currently is off the tax rolls, will once again be assessed and provide the city with property tax revenue. Over the past 10 to 15 years, Racklyeft said, Southfield lost money on the decaying mall as it went to trial at Michigan Tax Tribunal, and the city lost. “The tribunal favored the landlord with a settlement,” he said. “Their counsel felt it was worth less than we did. Over the years, it continued to decrease in value.” The city assessed Northland Mall in the range of $36 million, which was then reduced to an assessed value of $18 million. “Its value has been reduced again and again over the years up until it closed. In 2016, the city will become the new owner,

and it will come off the tax rolls,” Racklyeft said. Northland was not the only large taxpayer that challenged Southfield over the last decade at the Michigan Tax Tribunal. Much of that now-prized office space was vacant at various times, including Town Center, and landlords fought assessments. Many of those Southfield settled with in order to avoid costly tribunal trials. Yet the city still suffered in lost revenue. Of greater impact was an issue that is affecting many municipalities – big box stores, such as Home Depots, Targets, Walgreens, Krogers, which build new stores near their old ones and immediately impose deed restrictions on their closed ones, preventing or restricting new retailers from coming into that location, and then insisting the value of their new location be taken from the value established by the old closed one. They are often referred to as “dark stores,” because they purposely leave their old stores dark and unusable by any other tenant. “Southfield was no different than any other city around the state with appeals on big box stores,” Racklyeft noted. Every big box store in the city, other than the Meijer store on Telegraph at Twelve Mile Road, at one time challenged the city on their assessments, “arguing that a building is worth nothing even though the value added is significant,” he said. “Many of the suits (in other municipalities) were based on Southfield cases, from Target, Home Depot, Lowe's. They would value property merely on sales, impose deed restrictions on their closed store, lower the value on the closed store, and open a new one down the street for $100 a square foot, but use the $40 a square foot value of the closed store as the basis for their assessment. And the tax tribunal has agreed to that. We settled (with all of the stores) because other communities around the state had settled.” “It did not pay to beat a dead horse,” agreed Lowenberg. The big box cases began in Marquette, where 12 big box stores prevailed at the Michigan Tax Tribunal. Marquette has been battling with the tax tribunal for almost four years, arguing that a ruling by the tribunal in Lowe's Home Centers Inc. v. Marquette Township, which set the pace for tax assessment reductions, did not reflect the property's true cash value. The tribunal ordered Marquette to revise the tax assessment by two thirds from the previous three years, and to refund the excess taxes with interest. Between 2010 and 2015, Terry Schultz from Oakland County Equalization Department said valuations decreased by 40 percent for big box stores in Oakland County. “Every big box store at some point was under review by the tribunal, but settlements were reached in almost every case,” he said.

The Marquette cases, and big box cases around the metro area, are potentially leading to potential legislative changes. Sen. Tom Casperson (R- Marquette) has introduced Senate Bill 524 which would change assessments to determine “the highest and best use of the property and shall state a value of the property as vacant and a value of the property as improved.” “The tax rulings when they come down (from the tax tribunal) are often retroactive for several years. Often originally these local communities have given them tax abatements to get them to come into their communities, so after the rulings, these communities are actually cutting them checks,” Casperson said. “It really hurts the communities. Eventually the burden is going to shift to the small businesses and residents to support the communities.” Casperson said that he, and some other legislators, are running into an unexpected problem as they seek to push this bill and one in the state House of Representatives – a perception that they would be raising taxes, even though it is in the form of justified property taxes for a corporate entity. “It's like a runaway train right now,” he said of the situation with big boxes at the tax tribunal. But he said he believes the tribunal “has done this so many times now they are digging their heels in.”

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ike Shapiro, an attorney with Honigman who represents many big box stores before the tax tribunal, stated that “the problem with a true cost value approach is the big box stores suffer from substantial obsolescence the minute they're built because the stores are not built with the purpose of reselling them in mind,” and asserted changing the assessment method would be unconstitutional, according to reports on a November 5 House committee hearing on House Bill 4909, which is designed to deal with deed restrictions in big box stores. However, Rep. Jeff Farrington (R-Utica), the committee chair, indicated he was mindful of constitutional questions, and said it was worth the committee investigating whether it is something the legislature can fix in a “fair and legal way.” Casperson has not yet brought his bill up for committee hearings, waiting to see the results of the House bill. “I think it's an uphill battle because of the perception it's a tax increase when it's really a stabilization.” “The pushback is coming from all over the country because of the success in Michigan,” said Lowenberg. “Tax attorneys want to keep pushing this because of Michigan.” “If it continues this way, evaluating office buildings and big boxes, it will overflow into other uses, like fast food. The state will need


to intercede before cities and/or school districts file for bankruptcy, because the amount of revenue loss is staggering. It all comes down to services,” noted Racklyeft. “At some point, it cuts into the core. A community cannot keep any more tax dollars than the rate of inflation. But health costs, electricity are not capped by inflation.” Southfield estimates it lost $56 million in 2009, and $44 million in 2011, to tax tribunal judgements. Commerce Township Supervisor Tom Zoner noted, “The township never wins. All you can do is negotiate between numbers, and there's a loss of revenue to the whole township overall.” In terms of assessment battles at the tribunal level, he noted everything from a “dark” Kroger, when the grocery chain built a new one, leaving their old one dark, to the AMC Theater at Fourteen Mile and Haggerty roads, which the township went to trial against at the tribunal. He said, “In my opinion, all of the cases the owners caused their own “dark” box by declaring nobody else could use it by putting deed restrictions on the property and/or on the site, saying it is a signature site, so nobody can use it for another purpose other than the purpose it had been used for. That's just what Lowe's did in Marquette, where they built new stores and immediately asked for big box reductions.”

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oner said in the last five years, Commerce has had numerous commercial challenges to their assessments. “I think we settle mostly before we go to trial, because you can't win with Michigan Tax Tribunal. The Michigan Tax Tribunal has already reduced, at 75 percent of the big box stores in Commerce Township – the three Kroger stores, Home Depot, Target, Lowe's, AMC theaters. They've all either been before the tribunal or negotiated,” he said. “And it's at least 10 years before values come back up once they are lowered. We have to remember that taxable value supports more for public safety from commercial and industrial than all the residential put together. People always think about the impact from residential, but not the impact from commercial and industrial. It's huge.” Licari, Troy's assessor, agrees. He said the city is “way out of the woods, but it was a different story five years ago.” Currently, he has two big box stores under appeal at the tax tribunal, the Home Depot and Target stores at Maple and Coolidge in the Midtown Square center. As they are active cases, he declined to elaborate on details. He said that the Somerset Collection has never had a tax issue with the city, and the former Kmart headquarters has not had a building value in the last nine or 10 years. “All of the value is in the land,” Licari said of the parcel at Big Beaver and Coolidge. He

said there are three different parcels of over 20 acres, and eventually will need to be torn down. “Their issue is the building. It's filled with asbestos.” The biggest tax problems Troy has been encumbered with have been office complexes that have been vacant, sold and repurposed over the decade. “Our biggest issue has been the Northfield Hills Office complexes at Long Lake and Crooks,” he said. “Most of those buildings went into foreclosure and have been redeveloped. Three or four have been sold. Tax-wise, there's a drop, about 33 percent, and commercial has been the slowest to rebound. The former Ameritech building on Big Beaver, is 95 percent vacant; the Entertainment Publications building on Butterfield is vacant. So are several others. We have 785 industrial buildings. That's a substantial number, and those have rebounded. They're selling at pre-recession levels. Commercial buildings, they're selling at half their 2007-2008 levels. “A few years ago, every office building in the city went before the tribunal. We didn't really lose – you stipulate to a value, and no one gets what they wanted. If they got 40 percent of what's asked for, that's a lot. It's a negotiation. But 85 to 88 percent of the tribunal cases are settled out of court. You exchange appraisals, you dicker over the cap rate, and eventually, you come to a valuation you both can live with. If you go to the court, you never know what you're going to get. It's rolling the dice there. Reasonable people can come to reasonable conclusions.” “Our values were really reasonable and we changed accordingly,” said Kurt Dawson, Rochester Hills treasurer/assessor, asserting that appeals have dropped to historic lows in the last two years. Yet significant commercial properties, notably shopping centers and a big box store, in 2008, 2009 and 2010, in the “heyday of appeals,” significantly impacted Rochester Hills. City Walk, at the corner of Tienken and Rochester roads, was originally developed as a single-story retail building on 12 acres in 2004, with an adjacent lifestyle-themed community center featuring casual restaurants, a Walgreens and other tenants. In 2008, the owners fought the city's assessment, stipulating to a $600,000 decrease, Dawson said. The Adams Marketplace, at M-59 and Adams roads, “struggled with occupancy from the beginning, and they still are,” said Dawson. “We agreed to a decrease in the assessment of about $1.5 million, which is a 30 percent reduction.” He said a shopping center at the corner of Crooks and Auburn roads, anchored by a Walgreens, received a similar reduction. A new Lowe's Center built on Rochester Road near Auburn Road, pushed the big box argument with the tax tribunal, Dawson

said, “and went down 25 percent, which was about $2 million. It was a new facility. We resolved them all without hearings. In 2008, we had 56 appeals, and 35 percent withdrew or were dismissed. Some we had pretty good success with; some other big ones, not so well when the market dropped out.” He said 2009 was the biggest year for the city, when they had 156 appeals, and 76 before the tax tribunal. The only big one, he said, was the Lake Village of Rochester Hills apartment complex on Hamlin Road near Crooks. “We resolved that before going to hearing, and it went down $830,000,” he said. In 2010, Volkswagen of American, on Hamlin Road near Adams, had a huge vacancy rate, he said, and they received a reduction of $1 million in their assessed value. Since, he said, they haven't had many major issues with the tribunal. Yet, all have had an impact upon the budgeting and finances of the city.

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he rarity among tax tribunal judgements was received by Bloomfield Township, when they fought LA Fitness in 2011, and prevailed, and actually had its assessment significantly increased. LA Fitness, located on Telegraph Road north of Square Lake Road, was originally assessed by Bloomfield Township at almost $3.7 million in 2011; $3.8 million in 2012; and $3.84 million in 2013. “They contended it was worth $1.45 million 2011 and 2012, and $1.5 million in 2013,” said Darren Kraatz, Bloomfield Township Assistant Assessor. He said the Michigan Tax Tribunal heard the case on November 8, 2013, and the order was issued December 18, 2013. “They came back with basically an answer that we were both wrong. For 2011, they said it was worth almost $6 million; for 2012 and 2013, almost $6.2 million.” He said the fitness facility owners tried to use the big box argument, “and used it very, very poorly. They’re going around the country buying property for big, big bucks, and then contesting their values after they fix them up.” Another situation impacted the property after the tribunal's judgement. The property had been sold midway through the suit – meaning it's value was uncapped, and the new owner had to pay taxes based upon the 2013 valuation. “The new owners were the ones really impacted,” he said. Kraatz concurs with other area assessors and treasurers. “Very few of them have impacted us positively. LA Fitness was one that impacted us well, and that's an important one. We've only tried this case. Most get worked out beforehand. We only go to trial on ones we're pretty sure we can win. This was an anomaly.”


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FACES

Jordan Zaslow ournalism is in Jordan Zaslow’s blood. The daughter of Fox 2 anchor Sherry Margolis and the late Wall Street Journal columnist and author Jeffrey Zaslow, Jordan grew up surrounded by the news. “They would always be so aware of what was going on in the world,” Zaslow recalls, noting that at times, they would have to be extra cautious because of something her mom had profiled on TV. Her father, who for most of her childhood was a columnist for the Chicago Sun-Times, working remotely from their home in West Bloomfield, “was always working on a project.” Each year, she remembers him leading a school supplies drive for inner city kids in Chicago. Readers would donate to the drive, and they would receive huge shipments of supplies to their home. “It was just wild how happy it made him to be helping people, and how contagious it was.” After studying journalism at Indiana University, from which she graduated in 2011, she moved out to Los Angeles to work in the entertainment industry. She moved to New York City in March of 2014 with a TV pilot she was working on at the time. While the pilot didn’t get picked up, Zaslow began to produce freelance videos for A Plus, a technology-based digital media startup founded by Ashton Kutcher, where she is now their producer of original content. Her video, “You’re More Successful Than You Realize,” became a viral web success, with over four million views; her six videos produced for A Plus have been watched over seven million times, thanks in part to Kutcher’s network of celebrity influencers, who share the videos on

J

their Facebook and YouTube pages, increasing their reach. As A Plus focuses on positive journalism through video, Zaslow strives to “show people’s good side and the humanity in everyone,” instead of so many of the videos that circulate the Internet that focus on the element of surprise and humiliation, exploiting those reactions. Kutcher’s MTV series “Punk’d”, which first debuted in 2003, comes to mind as the types of pranks Zaslow is looking to avoid. Zaslow’s emphasis on using the media in a positive way is a direct correlation to the family values her parents shared with her as a child. In addition to his work as a columnist, Zaslow’s father, Jeffrey, who passed away unexpectedly in 2012, co-authored “The Last Lecture” with Randy Pausch. Jordan helped to share his legacy in writing and speaking about his last book, “The Magic Room, A Story About the Love We Wish for Our Daughters.” “I hope that the life experience that I had arms me with the empathy that I need to move forward in my pursuit to help other people find their meaning, find what matters, find the things that they’ll need to appreciate the love that they do have in their life.” When looking at how her current work relates to her undergraduate studies as a journalist, or as the co editor-in-chief for West Bloomfield High School’s newspaper, she reflects that “it’s studying storytelling. It’s studying what makes a story compelling for an audience.” Story: Hillary Brody

Photo: Michael Schall, A Plus


MUNICIPAL DDA okays back-up offer on property By Kevin Elliott

Plans for a massive lifestyle center intended to serve as the focus of a future downtown area in Commerce Township are moving full-steam ahead, despite the approval of a back-up agreement with another developer for the property should the project fall through, according to the director of the Commerce Township Downtown Development Authority (DDA). Robert B. Aikens & Associates, in October of 2014, entered a tentative $10.5 million purchase agreement with the township's DDA to buy about 20 acres of land along Martin Parkway in the Commerce Towne Place area to build a proposed lifestyle and entertainment center. Bruce Aikens, vice president of the company, said the center will include a mix of entertainment, retail and restaurant space, and serve as a destination location for western Oakland County. The lifestyle center is intended to be the main commercial focus of the future downtown, which will include a mix of large single-family homes, hundreds of apartments and other residential and commercial development. Meanwhile, the DDA is set to close on a $5.15 million purchase agreement with M. Shapiro Development for about 60 acres of land for a 299-unit apartment complex in the Commerce Towne Place area, a deal which has been in the works since June of 2013. On Tuesday, November 17, the DDA board approved a right of first offer agreement with Shapiro, which would grant the developer the option to purchase the property under contract by Aikens should the developer pull out of its agreement with the township. Mark Stacey, director of the township's DDA, told the board on November 17 that he negotiated the back-up plan about three weeks ago with Jim Galbraith, who represents Shapiro in the development. Shapiro, who two months ago had been scheduled to close on the $5.15 million deal, is now expected to close on the property in December. Under the newly approved agreement, Shapiro would have 10 days to decide whether it would purchase the property currently under contract with Aikens from the DDA for $10.5 million, if Aikens chooses to withdraw from its current agreement 40

Planning panel approves design standards

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proposed set of design standards to eliminate "cookie cutter" designs from proliferating in Commerce Township was approved on Monday, November 2, by the township's planning commission. The planning commission, which had tabled the matter in September so that developers could offer input on the design standards, recommended in their motion that the township board of trustees approve the standards in December. Township planning consultant Amy Neary, of McKenna Associates, said the proposed standards were modified slightly since they were first introduced to the planning commission in September. "I did meet with developers to get input," she said. "They had suggestions to modify some of the language. It would still have regulations to avoid monotony." Neary said the design standards would require no more than 20 percent of a residential housing development could have the same facade. Further, under the proposed design standards, adjacent homes couldn't have the same facade in a development. Neary said the proposed standards wouldn't apply to small developments with 10 or fewer homes. The initial design standard would have restricted the same model of home from being built within three adjacent homes in a development. Residential developers in September indicated it would be difficult to support those standards. The planning commission at that time tabled the matter to allow developers to offer suggestions. Neary said the proposed standards would also include other requirements, such as requiring different garage door orientations, so that all can't be built with a front entry and the door to the right of the garage.

for any reason. If Shapiro decided to purchase the land, it would then be required to finalize the purchase and make a full payment for the property within 60 days. "The ability to have a back-up buyer, in my opinion, is a complete positive for the township and the DDA board," Stacey said. However, not all in attendance at the November 17 DDA meeting agreed with Stacey's assertions, nor with the process in which the amendment to the Shapiro purchase agreement was presented. "I was completely uncomfortable as to how the item took place, which is why I got up and dismissed myself," said township clerk Vanessa Magner, who is a non-voting member of the DDA board. "Number one, it wasn't given to the DDA beforehand to review, so nobody was even prepared to discuss it or what to ask at the meeting." Downtown Development Authority board member Susan Averbuch took issue with the agreement being presented to the board without advance notice, and said it appears to be giving preferential treatment to Shapiro.

"I'm offended that this is being brought to us so close to closing, and it's a slap in the face against a major developer," Averbuch said. Stacey said he had already spoken to Aikens about the agreement with Shapiro, and said that the developer didn't have any issues. He also said he fully expects Aikens to close on the property. Further, he said Shapiro has an interest in the commercial development of the property, as he plans to invest between $50 million and $60 million into the neighboring residential property. Board member Dan Lublin noted that Aikens and Shapiro partnered prior to the 2007 financial collapse to develop property in the DDA area, with Aikens planning to build the commercial aspect and Shapiro the residential. "If (Shapiro) is offering to spend $60 million, he is entitled a say as to what kind of commercial development is going in across from it," Lublin said. "No, he's not," countered board member Dave Smith, noting that if Shapiro purchases the land, there isn't any requirement in the agreement for the developer to construct the same type of product proposed by Aikens.

WESTEND

Asked for his opinion prior to the board's vote on the matter, DDA attorney Tom Rauch said he agrees with Stacey that the agreement is a positive for the DDA. "This is based on ordinary discussion that happens. The only criticism is really just that it should have come up six months ago," Rauch said. "I think it's a little lesser of an issue than the board is making of it." Rauch said the first right of offer agreement is part of more than 70 documents included in the full purchase agreement with Shapiro, which has been amended seven times since first approved by the board in 2013. However, that specific document wasn't physically included in the full purchase agreement approved by the board on Tuesday. Rather, Rauch said, it was in the midst of being drafted by Shapiro's attorney, as he said "it was drafted in a form that I wasn't comfortable with, and it's being revised." Further, the lack of the document wasn't noted until after Magner questioned whether it was available for the board while they were voting. "What are we voting on," board member Smith asked prior to a roll call vote on the issue. "I don't understand why that is part of the purchase agreement. Why do we have to approve it as a condition of the sale? Why did this suddenly get put into the purchase agreement, that this guy isn't going to buy if he doesn't have the option to buy the property across the street?" The board voted 5-2 to approve a resolution allowing Stacey to execute the closing documents of the purchase agreement with Shapiro, with Averbuch and Smith dissenting. Magner, who left the meeting following the vote, said it appeared that the first right to offer agreement was slipped into the agreement without the board realizing what they were voting on the measure. "It kind of came out of the blue, and was snuck into the motion. It wasn't until we were about to call the roll (vote) that they clarified," Magner said. "The whole thing didn't sit well with me, and it still doesn't." Commerce Township Supervisor Tom Zoner, who voted in favor of the measure, said Thursday, November 19, he believes Shapiro was simply protecting its investment by obtaining the ability to purchase the land if Aikens withdraws from the deal. He did not speak during the discussion at the meeting. 12.15


Private road ordinance okayed By Kevin Elliott

n amendment to Commerce Township's road ordinance that would allow for the construction of private roads within the Commerce Towne Place development area was approved at a special meeting on Monday, November 1, by the Commerce Township board of trustees. Board members met for a special meeting to expedite the ordinance process in order to facilitate a pending sale of land hinging on approval of the ordinance. Board members voted 5-2 to approve the second reading of the ordinance with trustees Rick Sovel and Robert Long voting against the amendment. Commerce Township Downtown Development Authority (DDA) Director Mark Stacey told the board at an October 27 meeting that failure to amend the township's road ordinance could jeopardize purchase agreements that were predicated on the establishment of private roads in the DDA's Commerce Towne Place project area. The board in October of 2014 unanimously approved a Planned Unit Development (PUD) agreement to allow private roads in the project area, which is intended to be a mixed-use development area that will include a blend of commercial, business and residential developments and natural areas in the 330-acre area, located roughly between Oakley Park Road and Pontiac Trail, and Haggerty and Welch Roads. However, the township's road ordinance, until Tuesday, hadn't been amended to allow for private roads that were previously agreed to in the PUD. Because the road ordinance takes precedence over the PUD, plans for private roads wouldn't have been approved by the township under the ordinance, despite the PUD agreement. Trustee Sovel, who voted against approving the amendment to the road ordinance, said he felt as though the board was being pressured to approve the ordinance at the last minute. "It had to do with the process," Sovel said about his vote against the ordinance. "I didn't care for the fact that everyone knew the township's ordinance, but agreed to the sale of property. They came to us last." Sovel said he "is not a fan of private roads" in the township because there isn't always a clear funding mechanism to maintain those roads in future years. He also said he feels owners of a private road should have a contract with the sheriff's office to ensure road patrols will be conducted and traffic laws are enforced to the same standard as public roads. Stacey said the construction of private roads is a "key element" of a massive lifestyle center being planned by Robert B. Aikens & Associates in the area north of Pontiac Trail and east off of Martin Parkway. The lifestyle center is expected to be the main retail development within Commerce Towne Place. Aikens and the DDA have a $10.5 million purchase agreement for about 51 acres of land. The DDA also has a $2.65 purchase agreement with Hunter Pasteur Homes for a 41.8-acre residential development; as well as a $5.15 million purchase agreement with M. Shapiro Development for a 299-unit apartment complex in the project area. The DDA in October extended its purchase agreement with Shapiro from Tuesday, November 3, to December while the township board addressed the ordinance issue. Stacey had said a rejection of private roads would likely cause the deal to fall through, based on discussions with Shapiro's representative. "I don't like being forced into a situation," Sovel said about the pressure put on the board to approve the ordinance amendment at the final hour. "The process, hopefully, now will be corrected."

A "I think David (Smith) should have been more mature about his actions. The end result here was what happened was supposed to happen. If you don't like it, make a motion, don't rehash it over and over," Zoner said about the vote. "The back-up plan, I think, is a good one. But, I don't think it's going to happen. I don't think (Aikens) is going to walk away."

Commerce water tank budget tabled By Kevin Elliott

Commerce Township Trustees on Tuesday, November 10, questioned a proposed budget for the creation of a two-million gallon water storage facility intended to cut water rates in the township by 20 percent. Township engineering consultant Jason Mayer, of Giffels Webster, presented the board with a proposed budget of $6,649,800; which includes $5,345,000 for construction, $600,000 for engineering costs; $169,860 for inspection and testing costs; as well as a 10 percent construction contingency, or $534,540. Plans include having the water storage facility completed in 2016 so that wholesale water rates from the Detroit Water and Sewerage Department can be adjusted in 2017. Mayer said the storage facility will help reduce water usage at peak rate times, thus reducing the overall cost of water rates in the township. The project could save the township more than $1.7 million per year. While the board members didn't raise any issues with the intention of the project, which was approved by the board nearly two years ago, board members Rick Sovel and Robert Long questioned the overall budget cost. Mayer, in his proposal, included minutes from two of the board's previous meetings, which showed the board in May of 2015 had already approved a $5,345,400 contract for the construction of the water storage facility, located near Commerce Township Fire Station No. 1. However, that amount included only the cost of the construction contract, not construction contingencies, engineering or other costs. Sovel and Long questioned whether the contract approved in May actually included the total costs, calling for further investigation into the matter before approving. At one point in the discussion, Long questioned

whether the township should seek a new engineering consultant. Meeting minutes, as well as reports in Westend, indicate the amount approved in May included only the cost of the construction contract with RCL Construction. In April of this year, Mayer had presented the board with the construction contract. At that time, Mayer said he hoped to have the contract approved before the peak of construction season, in order to utilize the water storage facility prior to the summer when water usage tends to peak. Doing so, he said, would provide a savings of nearly $1.5 million in 2017, rather than 2018. Board members in April tabled the contract by a vote of 5-2, with supervisor Tom Zoner and trustee Bob Berkheiser voting against the motion to table the matter. Those voting in April to delay the contract indicated they wanted to wait until the township received a conveyance of property from Huron Valley-Sinai Hospital needed to construct the facility. In May of 2015, the board voted unanimously to approve the $5,345,000 construction contract. That contract award was contingent upon the final closing of the hospital property and obtaining the necessary permits to install the project. Sovel said on Tuesday that he would like a review of former minutes to determine whether the costs presented were accurate. The board approved tabling the matter until its December meeting.

Auditors give city high marks on review Municipal auditors with Pfeffer, Hanniford & Palka on Tuesday, November 17, had high praise for Walled Lake city officials and council members during its 2015 Fiscal Year audit report presentation. "You have made great strides in improving the financial standing of the city," said John Pfeffer, shareholder and certified public accountant with the firm. "Your improvement in accounting records was tremendous. Initially, there were issues; it's been improved to make it faster and easier. Staff has been reduced, and everyone is doing a great job." Municipalities are required under state law to have annual audits to ensure proper accounting and financial reporting is occurring. Auditors on


Tuesday said the city has received an "unqualified opinion," that, despite the way it sounds, is the highest mark available under accounting standards. "Basically, we come in and we are just issuing an opinion on your financial statements," Pfeffer said. "They are prepared properly and there are good controls in place, and they are in the right direction." Pfeffer said the city was able to add 29 percent to its annual fund balance during the 2015 Fiscal Year, which ends on June 30, while at the same time making "great strides" to reduce its financial obligations related to pension liabilities. Further, Pfeffer said the city has successfully implemented several recommendations cited in previous years' audits. City council unanimously approved a motion for the auditors to file its findings with the state, which are due in December.

Board censures council member By Kevin Elliott

A two-sentence apology and questionable defense of his actions on Wednesday, November 11, did little to appease Wolverine Lake Village Council members who voted to censure fellow councilman Ed Sienkiewicz for misconduct stemming from a televised news report in September. Sienkiewicz in September became the subject of a "Hall of Shame" report produced by FOX 2 news reporter Rob Wolchek, who was investigating claims that the long-time council member was using his position with the village to intimidate residents trying to use the public road ending next to Sienkiewicz's home to access the lake. The report, titled "Wolchek Goes Fishing For Lake Grouch," showed Sienkiewicz admonishing two teens launching a kayak at the site for damaging a patch of cattails in the water. In the report, Sienkiewicz can be heard telling the teens, "That's not your property," and stating, "Trust me, because I'm part of the village over here." Sienkiewicz at a Wednesday, October 16, meeting said he was sorry for his actions, and informed council members he would submit a written letter of apology to the council and public at the November 11 meeting. However, the apology fell 42

Township approves DDA payment funds

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n advance of up to $1.3 million to the Commerce Township Downtown Development Authority (DDA) to cover bond repayment due on December 1 was approved by the Commerce Township Board of Trustees on Tuesday, November 10. The DDA, which is currently carrying about $75 million in bond debt, has received a total of $7.95 million in advances from the township to pay its bond obligations. The DDA received $1.6 million in advances from the township in 2014. Mark Stacey, director of the DDA, said the DDA anticipated that it wouldn't need any advances from the township this year, nor next, because it would be able to make debt payments from the sale of property in the DDA area. However, a delay in the sale of property this year connected to the permitting process, as well as an issue related to the township's road ordinance in October, delayed the a $5.5 million sale of land until December. During a special township board meeting on Tuesday, October 27, Stacey explained to the board that several purchase agreements with developers hinged on the ability to construct private roads in the Commerce Towne Place project area. However, while the township board had already approved plans for private roads in October of 2015, the township's road ordinance permitting roads had not yet been updated. The issue specifically pushed back the closing date of a $5.5 million land sale from November to December, hence requiring the DDA to borrow funds from the township for its December bond payment. Under the agreement approved on Tuesday, November 10, the DDA will repay the township $1.3 million following the closing of the property sale. The advance was unanimously approved with trustee Robert Berkheiser and treasurer Molly Phillips absent.

far short from gaining any acceptance from council. "It was never my intention to represent myself as a voice of the whole council. I'm sorry that it was not depicted that way in the video," the apology stated. Sienkiewicz went on to claim that his biggest mistake was talking to Wolchek in the first place, and that he only noted he was on council when asked by Wolchek. "Call it whatever you want – an ambush, a set-up, hidden microphones and everything – when you look at the video, I never told those boys they couldn't go in the lake. I just asked them not to damage the cattails," Sienkiewicz said. Council member John Scott, who in October requested Sienkiewicz submit a written apology, and suggested the council censure him for his actions, said he didn't consider the statement an apology. "We're really looking at two sentences. I guess everybody has to make their own judgement as to what an apology should be, but I really think the presentation in my view is less than satisfying. "I'm sorry Ed, I know it might not

have been your intention to represent yourself as the voice of the village, but that's only a very small part, I think, of what we really faced and saw during the past 30 or 40 days. I would like to see a written apology, or at least a voiced apology right now." "I gave you one at the last meeting," Sienkiewicz replied. Following the discussion, council voted 6-0 to formally censure him, with Sienkiewicz excluded from the vote. Under the resolution of censure, the council found that Sienkiewicz "demonstrated a lack of good judgement regarding the expected decorum and protocol of a village council member" and that through his actions he "failed to conduct himself in an ethical manner, arising to the level of misconduct in office." The censure is a formal reprimand for "ethical violations and for disrupting the peace and welfare of the village," and is an official condemnation of his actions. "I don't think you're a bad guy, and I don't think you have bad intentions, but sometimes you don't think through how you come across to other people, and that's been the source of a lot of the problem and the

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conflict here," said council president John Magee. "I do hope that as we go forward that you take that to heart, and you think about how you're coming across to members of the community, to the members of the village, and to the members of the public." While some council members and members of the public questioned whether they could remove Sienkiewicz from council, or from his position as president pro-tem, village municipal attorney Jennifer Elowsky explained that the council could only petition the governor to remove a member from council or his pro-tem position. Further, she stated that because the village lacks a formal ethics ordinance – currently the village has only an ethics policy – there are no formal grounds for the governor to remove Sienkiewicz. "In the absence of having those ordinances in place, your resolution is akin to a policy," Elowsky said. "Your resolution is the finding of misconduct in office in the absence of having an ordinance that spells out exactly what misconduct is. That's just the legality of it." In addition to the resolution of censure, council on Wednesday voted 7-0 to remove the cattails from the lake at the road ending. Council also approved a motion to set a work session in the future in an effort to address public lake access sites throughout the village through an official ordinance. Finally, the council approved forwarding a five-page document from Elowsky to the village's administrative committee in an effort to establish a formal ethics policy.

Rails-to-Trails project input being sought Planners with the Michigan Department of Transportation (MDOT) are seeking input from Commerce Township about a pedestrian bridge to be built across M-5 in Commerce Township that will connect a stretch of former railway property between West Bloomfield and Wixom. Commerce Township attorney Phillip Adkison said he and Commerce Township supervisor Tom Zoner attended a recent meeting with MDOT officials where various bridge design options were presented. He also said a closing package by the Commerce, Walled Lake, Wixom 12.15


Trailway Management Council that will allow for the final acquisition of the land is being reviewed by MDOT and likely will be finalized in about 60 days. The trailway council has secured a $3.75 million grant from the Michigan Natural Resources Trust Fund to purchase the property from the current owner, Browner Turnout Co., of Lincoln, Nebraska. An additional grant from MDOT will pay for the construction of the the pedestrian bridge over M-5, between W. West Maple and Pontiac Trail. Both projects are being done without cost to any of the municipalities. Zoner, who serves as the trailway council president, said MDOT officials intend to work with the community to receive input on the bridge project. The aesthetic design of the bridge is of particular importance to the Commerce Township community, as it will, in a sense, serve as the entranceway to the township's future downtown, planned for the area from Pontiac Trail to Richardson Road, and

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between Haggerty and Welch roads. Bridge construction is expected to begin in 2016. While the trailway council has yet to take final ownership of the land, train tracks crossing M-5 were removed in the summer of 2014. The tracks were part of the Michigan AirLine Railway, which was originally constructed in 1883 and later merged with the Grand Trunk Western Railway. For several years, the only remaining portion of the railway was a line running between Wixom and West Bloomfield. The Walled Lake rail station ran its last dinner train in 2008. In January 2011, the railway was formally abandoned. Tracks were removed between Walled Lake and Wixom in 2012. Under the trailway council's plan, the land will be used as a public walking trail. When finished, it will connect the existing West Bloomfield Trail and the Huron Valley Trail, in Wixom. Zoner said the rails-to-trails path could possibly connect to the Commerce Downtown Development

Authority's (DDA) pathway system, which is intended to provide a walkable downtown area planned for between M-5 and Richardson Road, and Haggerty and Welch Roads. Currently, the township maintains a pathway along M-5, which runs between the township's southern border and the former railroad tracks. That pathway doesn't extend north of the former railroad tracks, as a pedestrian crossing can't be facilitated at the M-5 and Pontiac Trail roundabout. Zoner suggested the township's parks and recreation committee could choose in the future to connect the trailway to the DDA's pathway system near Welch Road.

City council sworn in, Lublin appointed Two new city council members and two incumbents on Monday, November 9, were sworn onto the Walled Lake City Council by Oakland County 52-1 District Court Judges

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David Law and Travis Reeds. While only three candidates were elected in this year's Tuesday, November 3, general election, council members appointed former candidate Bennett Lublin to replace the vacancy left by the passing of former council member Dennis Yezbick, who died in September. Yezbick, 62, died on September 18. He had served on Walled Lake City Council and was a member of the city's parks and recreation commission for five years. Yezbick was last elected to council in 2013. Council appointed Lublin to complete the remainder of his four-year term. Lublin on November 3 received 376 votes in the general election, placing fourth, one vote behind incumbent councilman Casey Ambrose, who retained his position on council with 377 votes. Ambrose on Monday, November 9, was sworn in as mayor pro-tem for the next two years. Also sworn into office on Monday was Susan Helke, who received the second highest number of votes (389)

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in November's election, and councilwoman Tamra Loch, who received 444 votes.

Walled Lake election down to one vote Walled Lake resident Susan Helke received the second highest number of votes for city council on Tuesday, November 3, securing her a seat on the city's governing board, along with incumbents Tamra Loch and Casey J. Ambrose, based on unofficial election results released by the Oakland County Elections Division. Under Tuesday's election rules, the candidates receiving the three highest number of votes are elected to city council. However, unofficial results show that Ambrose received only one more vote than challenger Bennet Lublin during Tuesday's election. Those results could change if one of the candidates requests a recount of Tuesday's votes. Unofficial results show the city council incumbent Tamra Loch with the highest number of votes (444); Helke with the second highest number of votes (389); Ambrose with the third highest votes (377); and Lublin with the fourth highest votes (376). Challenger Frank Christopher received 332 votes. There were nine write-in ballots cast in Walled Lake's election on Tuesday. Absentee ballots accounted for a total of 337 votes, which were included in the precinct totals listed by the county's election division. A total of 5,355 voters were registered in Tuesday's election, with 11.64 percent of those voting at the city's precinct 1 location, and 16.03 percent of voters turning out at precinct 2, according to Walled Lake Deputy Clerk Jennifer Stuart. Reached for comment election night, Lublin said he was still processing the results and how he would respond. "I'm not ready to make that decision at this point," Lublin said when asked whether he would request a recount of the election results. "I'm still processing everything and not ready to comment. I think it was a well run campaign by everyone. I appreciate the support. I have been active (in the city) and will continue to be active." Lublin has served on the city's Downtown Development Authority for 15 years and served as treasurer for the Walled Lake Library for five years. Ambrose expressed his disappointment that Lublin didn't make a seat on 44

Board approves liquor license transfers

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wo liquor license transfers were approved on Tuesday, November 10, by the Commerce Township Board of Trustees for two new restaurants in the township. Violeta Bardheci has owned and managed Donika's Coney Island, 8143 Commerce Road, in Commerce Township for about eight years, but was denied a new tavern license earlier this year. The township board in March denied Bardheci's application for a tavern license at that location. However, Bardheci now has plans to open Donika's Bar and Grill at the former Blu Nectar location, 1050 Benstein Road. Because the request is a transfer of a liquor license under state law, approval from the township board isn't technically required, but approvals are typically sought by business owners, who must obtain all other required state and local licenses, permits and approvals before using the license for the sale of alcoholic liquor. The license, which had previously been in escrow after the closing of the Blu Nectar, was transferred from the location's previous owner, Omar Ouro, of Southfield. Ouro opened Blu Nectar in 2013 after working as a manager of the Buscemi's on Benstein Road since 2008. The license was transferred from a Clarkston coney island restaurant. Board members unanimously approved the transfer, with treasurer Molly Phillips and trustee Robert Berkheiser absent, and trustee John Hindo excused from the vote because his law firm represented Bardheci in the matter. A second Class C liquor license transfer was approved for new owners of Johnny Carino's of Commerce, 500 Loop Road, which will maintain the same management. That transfer was unanimously approved, with Phillips and Berkheiser absent.

council, but said he wasn't surprised at how close the election results were Tuesday. "I'm not surprised how close it was," Ambrose said. "It's difficult to please all the people all the time with every issue. One week everyone likes what you're saying, and the following they dislike you on another issue. You just try to do what's best for the city." "I thought Bennett would make it, but those signs on the side of the road, maybe that worked," Ambrose said in reference to Helke's campaign signs. Helke, who has been a regular fixture at the city's council meetings for years, was the most visible candidate, based on campaign signs throughout the city. Helke, who was unable to be reached for comment on election night, is a former member of the Walled Lake Downtown Development Authority. She is currently retired and holds a degree in elementary education from Eastern Michigan University. Helke, a member of the Lakes Area Tea Party, expressed during her campaign the need to reduce spending by the city council. City council members are elected to four-year terms and receive $35 per meeting. There are two scheduled meetings per month, however, council has limited meetings to once a month since mid-2013.

Limited campaign spending in races Campaign spending was limited to less than $1,000 by each candidate running for Walled Lake City Council in the Tuesday, November 3, general election, according to campaign finance information filed with the Oakland County Clerk's Office. Under Michigan's Campaign Finance Act, all candidates running for elective office must register a candidate committee within 20 days of becoming a candidate, even if they are not planning on spending or receiving any money for their campaign. Failure to file the required document can result in late filing fees. Candidates running for Walled Lake City Council in the election included incumbents Tamra Loch and Casey Ambrose, as well as candidates Susan Helke, Bennett Lublin and Frank Christopher. All of the candidates had filed documents to establish candidate committees, with Christopher filing after the deadline. The late filing resulted in a fee of $30 against Christopher, which was paid on August 20, according to documents at the Oakland County Clerk's Office. While campaign finance reports are

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intended to allow the public to examine campaign donations to candidates, as well as campaign expenditures, candidates expecting to raise and spend less than $1,000 may file a reporting waiver. Waivers were filed for all Walled Lake City Council candidates for the 2015 election, except for councilman Ambrose. While Ambrose didn't file a reporting waiver, records indicate Ambrose last filed campaign finance documents in July of 2015. However, those statements were filed in conjunction with his 2007 campaign, which were due in January of 2008. On July 16, 2015, Ambrose filed an amendment to his committee statement, naming himself as the committee's treasurer. No documents were filed in relation to the 2015 campaign.

Wolverine Lake to apply for CDBG funds About $2,400 in potential Community Development Block Grant (CDBG) funds will be will used to assist public service programs in Wolverine Lake Village with over $5,000 to be used for home assistance, under an application for federal funds approved by the village council on Wednesday, November 11. The funds, which total slightly more than $8,000 for the community this year, are provided by the federal Housing and Urban Development (HUD) department as part of the CDBG program, which provides communities with resources to address a wide range of unique community development needs. First created in 1974 as a compilation of numerous existing federal programs during the Nixon administration, the CDBG program is one of the longest continuously run programs at HUD. Funds from the village's CDBG program are provided to Oakland County, then funneled to the community based on an annual action plan, which identifies specific projects that meet federal program requirements. The community is set to receive about $2,000, or 20 percent, less than it received in CDBG funds in 2014. Further, how the funds are spent within the community are highly restricted under the guidelines, as the village doesn't contain any low-to-moderate income areas, where CDBG funds are traditionally focused. 12.15


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Under the village's plan, about $3,000 in the funds would be granted to HAVEN, which provides assistance to battered and abused women and families. Under the CDBG provisions, there is a 30 percent limit on what can granted to public service agencies. The remaining funds, or $5,043, would be returned to Oakland County to fund its home repair program, which village residents could apply for, according to village treasurer Mike Kondek.

Commerce Township seeks CDBG funds The Commerce Township Board of Trustees on Tuesday, November 10, approved an application for more than $70,000 in federal Community Development Block Grant (CDBG) funds to assist with several community development programs intended to help seniors, children and battered and abused spouses. The fund are provided by the federal Housing and Urban Development (HUD) department as part of the CDBG program, which provides communities with resources to address a wide range of unique community development needs. First created in 1974 as a compilation of numerous existing federal programs during the Nixon administration, the CDBG program is one of the longest continuously run programs at HUD. Funds from the township's CDBG program are provided to Oakland County and then funneled to the community based on an annual action plan, which identifies specific projects that meet federal program requirements. The community is set to receive about $8,300 more in CDBG funds than in 2014. Under the township's application, $5,000 would go toward battered and abused spouse services; $5,000 for youth services; $11,090 for senior services; and $49,210 for minor home repairs and mobile homes.

Hospitality House moves to new site Hospitality House in Walled Lake moved locations on Tuesday, November 17, from its location at 1600 W. West Maple Road to a nearby location on Maple in Commerce Township. The new location will be located westendmonthly.com

at 2075 E. West Maple, Suite B204, near Welch Road. Donovan Neal, executive director of Hospitality House, said the new location will allow the organization to be more efficient and better serve its clients. "We are excited and proud to continue fighting hunger in our community with a new and improved location," he said. "The issue of hunger is such an important cause and it touches so many lives. This larger facility will allow us to help even more than the 600 families we currently serve monthly." The organization has been at its Walled Lake location for nearly 14 years, where it operates a food pantry and conducts other activities to support the efforts of other pantries in nearby cities with advice and aid. More than 600 families are served food through twice monthly visits to the pantry. During those visits, Hospitality House distributes more than 30,000 pounds of food. The pantry is open to clients on Monday, Thursday and Saturday.

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PLACES TO EAT The Places To Eat for Westend is a quick reference source to establishments offering a place for dining, either breakfast, lunch or dinner. The listings contain many dining establishments with seating in the west Oakland lakes area and then select restaurants outside the immediate area served by Westend. From outside the area, we have attempted to compile more noted eating establishments.

West Oakland Alex's Pizzeria and Bar: American. Lunch, Monday - Friday; Dinner, daily. Liquor. Reservations. 49000 Pontiac Trail, Wixom, 48393. 248.926.1700. Anaam’s Palate: Middle Eastern. Lunch & Dinner, daily. No reservations. 2534 Union Lake Road, Commerce Township, 48382. 248.242.6326. Applebees Neighborhood Grill: American. Lunch & Dinner, daily. No reservations. Liquor. 9100 Highland Road, White Lake, 48386. 248.698.0901. Backyard Coney Island: American. Breakfast, Lunch & Dinner, daily. No reservations. 49378 Pontiac Trail, Wixom, 48393. 248.926.9508. Bayside Sports Grille: American. Lunch & Dinner, daily. Reservations. Liquor. 142 E. Walled Lake Drive, Walled Lake, 48390. 248.669.3322. Benstein Grille: American. Weekend Brunch & Lunch. Dinner, daily. Reservations. Liquor. 2435 Benstein Road, Commerce, 48390. 248.624.4100. Biffs Coney Island: American. Breakfast, Lunch & Dinner, daily. No reservations. 3050 Union Lake Road, Commerce Township, 48382. 248.366.7400. Big Boy Restaurant: American. Breakfast, Lunch & Dinner, daily. No reservations. Beer & Wine. 5834 Highland Road, Waterford, 48328. 248.674.4631. Big Boy Restaurant: American. Breakfast, Lunch & Dinner, daily. No reservations. 800 N. Pontiac Trail, Walled Lake, 48390. 248.624.2323. Big Boy Restaurant: American. Breakfast, Lunch & Dinner, daily. No reservations. Beer & Wine. 7726 Cooley Lake Road, Waterford, 48327. 248.363.1573. Billy’s Tip N Inn: American. Lunch & Dinner, daily. No reservations. Liquor. 6707 Highland Road, White Lake Township, 48383. 248.889.7885. Boon Kai Restaurant: Chinese. Lunch & Dinner, daily. No reservations. 1257 S. Commerce Road, Commerce, 48390. 248.624.5353. Buffalo Wild Wings: American. Lunch & Dinner, daily. No reservations. Liquor. 5223 Highland Road, Waterford, 48327. 248.674.9464. Carino’s Italian Restaurant: Italian. Lunch & Dinner, daily. Reservations. Liquor. 500 Loop Road, Commerce Township, 48390. 248.926.5300. Carrie Lee’s of Waterford: Chinese. Lunch & Dinner, daily. No reservations. Liquor. 7890 Highland Road, Waterford, 48327. 248.666.9045. Casey’s Sports Pub & Grill: Deli. Lunch & Dinner, daily. Reservations. Liquor. 1003 E. West Maple Road, Walled Lake, 48390. 248.669.5200. CAYA Smokehouse Grille: Barbeque. Dinner, Tuesday - Sunday. No reservations. Liquor. 1403 S. Commerce Road, Wolverine Lake, 48390. 248.438.6741. China Garden: Chinese. Lunch & Dinner

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daily. No reservations. 49414 Pontiac Trail, Wixom, 48393. 248.960.8877. China House: Chinese. Lunch & Dinner, daily. No reservations. 901 Nordic Drive, White Lake Township, 48386. 248.889.2880. China King: Chinese. Lunch & Dinner, daily. No reservations. 4785 Carroll Lake Road, Commerce Township, 48390. 248.363.9966. CJ’s Brewing Company: American. Lunch & Dinner, daily. No reservations. Liquor. 8115 Richardson Road, Commerce Township, 48390. 248.366.7979. Coffee Time Café: American. Breakfast, Lunch & Dinner, daily. No reservations. 1001 Welch Road, Commerce Township, 48390. 248.624.0097. Coyote Grille: American. Lunch, MondayFriday; Dinner, Monday-Sunday. No reservations. Liquor. 1990 Hiller Road, West Bloomfield, 48324. 248.681.6195. Dairy Queen: American. Lunch & Dinner, daily. No reservations. 10531 Highland Road, White Lake, 48386. 248.698.2899. Daniel’s Pizza Bistro: Pizza. Lunch & Dinner, daily. No reservations. 2510 Union Lake Road, Commerce Township, 48382. 248.363.7000. Dave and Amy’s: American. Breakfast, Lunch & Dinner, daily. No reservations. 9595 Highland Road, White Lake, 48386. 248.698.2010. Dave’s Coney Island: American. Breakfast, Lunch & Dinner, daily. No Reservations. 901 Nordick Drive, White Lake, 48383. 248.889.3600. Dickey’s Barbecue Pit: Barbecue. Lunch & Dinner, daily. No reservations. 4825 Carroll Lake Road, Commerce Township, 48382. 248.360.4055. Dobski’s: American, Polish. Lunch & Dinner, daily. Reservations. Liquor. 6565 Cooley Lake Road, Waterford, 48327. 248.363.6565. Eddie’s Coney Island: American. Breakfast, Lunch & Dinner, daily. No reservations. 1749 Haggerty Road, Commerce Township, 48390. 248.960.1430. El Nibble Nook: Mexican. Lunch & Dinner, daily. Reservations for 6 or more. Liquor. 2750 Haggerty Road, West Bloomfield, 48323. 248.669.3344. El Patio Mexican Restaurant: Mexican. Lunch & Dinner, daily. No reservations. 7622 Highland Road, Waterford, 48327. 248.666.5231. Five Guys Burgers & Fries: American. Lunch & Dinner, daily. No reservations. 5134 Highland Road, 48327. 248.673.5557. Gest Omelets: American. Breakfast & Lunch, daily until 4 p.m. No reservations. 39560 W. 14 Mile Road, Commerce Township, 48390. 248.926.0717. Golden Chop Sticks: Chinese. Lunch & Dinner, daily. No reservations. 47516 Pontiac Trail, Wixom, 48393. 248.960.3888. Grand Azteca: Mexican. Lunch & Dinner, daily. Reservations. Liquor. 6041 Haggerty Road, West Bloomfield, 48322. 248.669.7555. Gravity Bar & Grill: Mediterranean. Monday – Friday, Lunch & Dinner, Saturday, Dinner. Reservations. Liquor. 340 N. Main Street, Milford, 48381. 248.684.4223. Greek Jalapeno: Greek, Mexican. Breakfast, Lunch & Dinner, daily. No

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reservations. 6636 Cooley Lake Road, Waterford, 48327. 248.363.3322. Green Apple Restaurant: American. Breakfast, Lunch & Dinner, daily. No reservations. 7156 Cooley Lake Road, Waterford, 48327. 248.366.9100. Haang's Bistro: Chinese/Thai. Lunch & Dinner, daily. Reservations. 225 E. Walled Lake Drive, Walled Lake, 48390. 248.926.1100. Highland Grille: American. Lunch & Dinner, daily. No reservations. 7265 Highland Road, Waterford, 48327. 248.666.8830. Highland House: American. Lunch & Dinner, daily. Reservations. Liquor. 2630 E. Highland Road, Highland, 48356. 248.887.4161. Highland House Café: American, Pizza. Lunch & Dinner, daily. No reservations. 10719 Highland Road, White Lake, 48386. 248.698.4100. Hong Kong Express: Chinese. Lunch & Dinner, daily. No reservations. 5158 Highland Road, Waterford, 48327. 248.673.7200. It’s a Matter of Taste: American. Lunch & Dinner, daily. Reservations. Liquor. 2323 Union Lake Road, Commerce, 48390. 248.360.4150. Jennifer’s Café: Middle Eastern. Lunch & Dinner, daily. No reservations. 4052 Haggerty Road, Commerce Township, 48390. 248.360.0190. Jenni’s Restaurant: American. Breakfast, Lunch & Dinner, daily. No reservations. 1186 E. West Maple Road, Walled Lake, 48390. 248.669.8240. Jeff's Kitchen: Asian. Lunch & Dinner daily. Reservations. 1130 E. West Maple Road, Walled Lake, 48390. 248.669.8896. Kennedy’s Irish Pub: Irish/American. Lunch & Dinner, daily. No reservations. Liquor. 1055 W. Huron Street, Waterford, 48328. 248.681.1050. L George’s: American. Breakfast, Lunch & Dinner, daily. No reservations. 1203 S. Commerce Road, Walled Lake, 48390. 248.960.5700. Leo’s Coney Island: American/Greek. Breakfast, Lunch & Dinner, daily. No reservations. 6845 Highland Road, White Lake, 484386. 248.889.5361. Leo’s Coney Island: American/Greek. Breakfast, Lunch & Dinner, daily. No reservations. 4895 Carroll Lake Road, Commerce Township, 48382. 248.366.8360. Leon’s Food & Spirits: American. Breakfast, Lunch & Dinner, daily. No reservations. Liquor. 29710 S. Wixom Road, Wixom, 48393. 248.926.5880. Lion’s Den: American. Lunch & Dinner, daily. Reservations. Liquor. 4444 Highland Road, Waterford, 48328. 248.674.2251. Lulu’s Coney Island: Greek. Breakfast, Lunch & Dinner, daily. No reservations. 1001 Welch Road, Walled Lake, 48390. 248.669.1937. Mexico Lindo: Mexican. Lunch & Dinner, daily. Reservations. Liquor. 6225 Highland Road, Waterford, 48327. 248.666.3460. Mezza Mediterranean Grille: Mediterranean. Lunch & Dinner, daily. No reservations. 1001 Welch Road, Commerce Township, 48390. 248.926.2190. Moonlight Mediterranean Cuisine: Mediterranean. Lunch & Dinner, daily. No reservations. 1123 E. West Maple Road, Walled Lake, 48390. 248.859.5352. Nick & Toney’s: American. Breakfast, Lunch & Dinner, Monday-Saturday; Sunday until 3 p.m. No reservations. 9260 Cooley Lake Road, White Lake, 48386. 248.363.1162. North Szechuan Empire: Chinese. Lunch & Dinner, daily. No reservations. 39450 W. 14 Mile Road, Commerce Township,

westendmonthly.com

48390. 248.960.7666. On The Waterfront: American. Lunch & Dinner, daily. Reservations. Liquor. 8635 Cooley Lake Road, Commerce Township, 48382. 248.363.9469. Panera Bread: Bakery, Deli. Breakfast, Lunch & Dinner, daily. No reservations. 5175 Highland Road, Waterford, 48327. 248.618.0617. Red Lobster: American. Lunch & Dinner, daily. No reservations. Liquor. 479 N. Telegraph Road, Waterford, 48328. 248.682.5146. Red Robin: American. Lunch & Dinner, daily. No reservations. Liquor. 3003 Commerce Crossing, Commerce Township, 48390. 248.926.2990. Rudy’s Waffle House: American. Breakfast, Lunch & Dinner, daily. No reservations. 674 N. Pontiac Trail, Walled Lake, 48390. 248.669.7550. Samuri Steakhouse: Japanese. Lunch & Dinner, daily. Reservations. Liquor. 7390 Haggerty Road, West Bloomfield, 48322. 248.661.8898. Shark Club: American. Lunch & Dinner, daily. No reservations. Liquor. 6665 Highland Road, Waterford, 48327. 248.666.4161. SIAM Fushion: Thai. Lunch & Dinner, daily. No reservations. Liquor. 6845 Highland Road, White Lake Township, 48386. 248.887.1300. Siegel’s Deli: Deli. Breakfast, Lunch & Dinner, daily. No reservations. 3426 E. West Maple Road, Commerce Township, 48390. 248.926.9555. Sizzl in Subs & Salads: American. Lunch & Dinner, daily. No reservations. 2051 N. Wixom Road, Wixom, 48393. 248.960.0009. Social House: American. Lunch, FridaySunday, & Dinner, daily. Reservations. Liquor. 6139 Haggerty Road, West Bloomfield, 48322. 248.669.0777. Swasdee Thai Restaurant: Thai. Lunch & Dinner, daily. No reservations. 6175 Haggerty Road, West Bloomfield, 48322. 248.926.1012. Sweet Water Bar & Grille: American. Lunch & Dinner, daily. No reservations. Liquor. 7760 Cooley Lake Road, Waterford, 48327. 248.363.0400. Taqueria La Casita: Mexican. Lunch & Dinner, daily. No reservations. 49070 Pontiac Trail, Wixom, 48393. 248.926.1980. Thai Kitchen: Thai. Lunch & Dinner, daily. No reservations. 7108 Highland Road, Waterford, 48327. 248.886.0397. The Lake’s Bar & Grill: American. Lunch, Tuesday - Sunday; Dinner daily. Reservations. Liquor. 2528 Union Lake Road, Commerce Township, 48382. 248.366.3311. The Library Pub: American. Lunch & Dinner, daily. No reservations. Liquor. 6363 Haggerty Road, West Bloomfield, 48322. 248.896.0333. The Root Restaurant & Bar: American. Lunch & Dinner, Monday - Saturday. Reservations. Liquor. 340 Town Center Blvd., White Lake, 48390. 248.698.2400. TJ’s Sushi & Chinese Restaurant: Japanese. Lunch & Dinner, daily. No reservations. 8143 Commerce Road, Commerce Township, 48382. 248.363.3388. Uptown Grill: American. Breakfast, Lunch & Dinner, daily. Reservations. Liquor. 3100 W. Maple Road, Commerce Township, 48382. 248.960.3344. Village Bar and Kitchen: American. Lunch & Dinner, daily. Reservations. Liquor. 525 N. Main Street, Milford, 48381. 248.529.3859. Village Grill: American. Breakfast, Lunch & Dinner, daily. No reservations. Liquor. 1243 N. Commerce Road, Commerce Township, 48382. 248.366.3290.

Volare Risorante: Italian. Lunch & Dinner, daily. Reservations. Liquor. 48992 Pontiac Trail, Wixom, 48393. 248.960.7771. VR Famous Fried Chicken: American, Cajun. Lunch & Dinner, daily. No reservations. 47520 Pontiac Trail, Wixom, 48393. 248.926.6620. White Palace: Mediterranean. Lunch & Dinner, daily. Reservations. Liquor. 6123 Haggerty Restaurant, West Bloomfield, 48322. 248.313.9656. Wilson’s Pub n Grill: American. Lunch & Dinner, daily. No reservations. Liquor. 2256 Union Lake Road, Commerce Township, 48382. 248.363.1849. Wixom Station Food and Drink: American Contemporary. Lunch & Dinner, daily. Reservations. Liquor. 49115 Pontiac Trail, Wixom, 48393. 248.859.2882. Wonton Palace: Chinese. Lunch & Dinner, daily. No reservations. 5562 Cooley Lake Road, Waterford, 48327. 248.683.5073. Woody’s Café: American. Breakfast, Lunch & Dinner, daily. No reservations. 235 N. Pontiac Trail, Walled Lake, 48390. 248.624.4379.

North Oakland 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. Kruse's Deer Lake Inn: Seafood. Lunch & dinner, daily. Reservations. Liquor. 7504 Dixie Highway, Clarkston, 48346. 248.795.2077. 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

West Bloomfield/Southfield 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, Southfield, 48034. 248.208.1680. Bigalora: Italian. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. No Reservations. Liquor. 29110 Franklin Road, Southfield, 48034. Maria’s Restaurant: Italian. Dinner, daily. Reservations. Liquor. 2080 Walnut Lake Road, West Bloomfield, 48323. 248.851.2500. 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. 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.

WESTEND

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. Sweet Lorraine’s Café & Bar: American. Weekend Breakfast. Lunch & Dinner, daily. Reservations. Liquor. 29101 Greenfield Rd., Southfield, 48076. 248.559.5985. The Bombay Grille: Indian. Lunch & Dinner, daily. Reservations. 29200 Orchard Lake Rd, Farmington Hills, 48334. 248.626.2982. The Fiddler: Russian. Sunday Brunch. Dinner, Thursday-Sunday. Reservations. Liquor. 6676 Orchard Lake Rd, West Bloomfield Township, 48322. 248.851.8782. The Lark: American. Dinner, TuesdaySaturday. Reservations. Liquor. 6430 Farmington Rd, West Bloomfield Township, 48322. 248.661.4466. Yotsuba: Japanese. Lunch & Dinner, daily. Reservations. Liquor. 7365 Orchard Lake Rd, West Bloomfield, 48322. 248.737.8282.

Birmingham/Bloomfield 220: American. Lunch & Dinner, MondaySaturday. Reservations. Liquor. 220 E. Merrill Street, Birmingham, 48009. 248.646.2220. Andiamo: Italian. Lunch & Dinner, daily. Reservations. Liquor. 6676 Telegraph Road, Bloomfield Township, 48301. 248.865.9300. Au Cochon: French. Breakfast, Lunch and Dinner, daily. Reservations. Liquor. 260 N. Old Woodward, Birmingham, 48009. 248.792.7795. Bagger Dave's Legendary Burger Tavern: American. Lunch & Dinner, daily. No reservations. Liquor. 6608 Telegraph Road, Bloomfield Township, 48301. 248.792.3579. 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. Breakfast, Lunch & Dinner, daily. Liquor. No reservations. 31471 Southfield Road, Beverly Hills, 48025. 248.642.2355. Big Rock Chophouse: American. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 245 South Eton Street, Birmingham, 48009. 248.647.7774. Bill's: American. Breakfast, Lunch & Dinner, Daily. Reservations, lunch only. Liquor. 39556 Woodward Avenue, Bloomfield Hills, 48304. 248.646.9000. Bistro Joe’s Kitchen: Global. Lunch & Dinner, daily. Sunday brunch. Liquor. Reservations. 34244 Woodward Ave., Birmingham, 48009. 248.594.0984. Café ML: New American. Dinner, daily. Liquor. Call ahead. 3607 W. Maple Road, Bloomfield Township. 248.642.4000. Cafe Via: American. Lunch & Dinner, daily. Reservations. Liquor. 310 East Maple Avenue, Birmingham, 48009. 248.644.8800.

49


FRONT/BACK Front/Back is a monthly column devoted to news stories, tidbits and gossip items about what's happening in both the front of the house and back of the house in the restaurants in the metro Detroit area.

Bigalora expands Known for their quick-cook pizza, Bigalora Cucina will open in the first quarter of 2016 in Rochester Hills, in the shopping center at the northwest corner of Tienken Road and Main Street. Patrons “can expect to see more chef-driven pizzas,” said chef/owner Luciano DelSignore. “The biga was born in 2009,” DelSignore said, of the natural dough-starter, made of water and flour, that he said never dies. “There’s no yeast in our dough, so because of that we ferment the dough for 72 hours, and cook it at 900 degrees for 90 seconds. In that process, the dough becomes lighter, so it becomes a light and airy, lowgluten product.” The upcoming Rochester Hills Bigalora is one of a handful of new ventures by DelSignore and his partners. This December, the restaurant will open in the McNamara terminal at Detroit Metro Airport – one of 25 new additions to the terminal. Bigalora will also have a space at the food court venue that’s coming to the Detroit Medical Center, on John R. Road in Detroit, and Midtown’s Shinola recently began offering Bigalora’s grab-n-go paninis. Launched in 2010, Bigalora has locations in Southfield, Royal Oak, and Ann Arbor. DelSignore is a recipient of multiple nominations for a James Beard Foundation award and owns Bacco Ristorante, serving Italian dishes at 29410 Northwestern Highway in Southfield.

and his staff, who can be seen cooking in their glass-enclosed kitchen, also are preparing homemade pastas, some hearty, such as traditional bolognese, here made with boar, and chestnut tagliolini with lobster and sweet potato, or light, such as linguini vongale with fresh manila clams and garlic. Diners can choose from starters that include carrot soup, onion soup, spiced beets with an eggplant puree, delightful gnudi, and the specialty, the farm egg. Reservations here will be a must.

Casual Ferndale eateries Ferndale will soon have two new eateries sharing one kitchen. A 24hour diner and a fast-casual Italian restaurant are moving into 276 and 280 W. Nine Mile Road, formerly Buffalo Wild Wings. Set to open by the end of this year, the Daily Dinette will specialize in fresh-fromthe-fryer donuts, as well as breakfast sandwiches, burgers, and dogs. Pop’s for Italian, opening in early 2016, will dish up Neapolitan pizza and homemade pasta whilst pouring wine and paying homage to co-owner Brian Kramer’s grandparents. “His grandfather was ‘Pop,’ and his grandmother was Nona,” said director of operations Beth Hussey. “When it came time to start talking about a meal, they started three days early.” Partnering with Kramer is Kevin Downey, former owner of the now-shuttered Fox & Hounds. The two men have been working together since 2005 and are partners in Royal Oak’s Cantina Diablo’s. Kramer also owns Ferndale’s Rosie O’Grady’s and One-Eyed Betty’s, the latter of which Hussey co-owns and helped to open in 2012.

Forest opens

Midtown meat menu

The new incarnation of Forest, formerly Forest Grill, at 735 Forest Avenue in Birmingham, owned by Phoenicia’s Samy Eid, opened November 16 after a gentle remodeling. Dark mahogany woods offset glass windows, with chic white light fixtures adding a special ambiance. Executive Chef Nick Janutol, a holdover from the previous incarnation, has been allowed to fly with a menu that is European/Continental, with sturgeon, duck breast, lamb shoulder, as well as a ribeye steak and other fish highlighted. Janutol

Twins John and Dave Vermiglio, together with Joe Giacomino, and beverage aficionado Will Lee of Selden Standard, are working hard as they prepare Grey Ghost Detroit, a meat-centric restaurant slated to open this spring. The partners haven’t divulged a location yet, but mentioned Midtown and Brush Park. “Meat is a common factor in all we do, though we’ll definitely accommodate vegetarians and have lot of options,” said John Vermiglio. “We’ll focus on what’s at the heart of Midwestern cuisine. When people say, ‘define the cuisine of the

Midwest,’ you hear a lot of ‘casseroles’ and ‘meat and potatoes.’ We grew up on it, but we’ll refine it from the green bean casserole with cream of mushroom soup, and experiment with aging and drying meat.” An idea born five years ago between the Vermiglio brothers, the restaurant intends to be approachable from all aspects. “Someone can come in a suit and tie after work, get a 60-day dry-aged ribeye, or come in and get something more affordable,” said Giacomino. “Roll in in your Tigers shirt.” The crew will work with local farmers, but said that aspect is not a selling point. “You’ll never hear us say ‘farm-to-table,’ because it’s our belief that it’s the bottom-line standard. We don’t hang our hats on that, with all due respect,” Vermiglio and Giacomino expressed together. “Somewhere along the line, the term lost its luster.” The two moved from Chicago to Ferndale in September. “The city is moving faster that we are, so we got to keep up,” said Vermiglio, a metro Detroit native.

Best Chef award Nominated for the 2016 James Beard Foundation award, Executive Chef Jody Brunori of The Laundry, 125 W. Shiawassee in Fenton, is honored to be a contender for ‘Best Chef in the Great Lakes Region.’ “It’s like the Oscar’s of the culinary world,” said Brunori, who’s worked at the restaurant for a decade. “It’s not the end-all-be-all, but in an industry full of hard work, long hours and dedication, it makes you feel like what you’re doing is worthwhile. I’ve always been a goal setter and, starting later in life, I wanted to be a chef by the time I was 40, and I made that happen,” Brunori recalled, who recently set out to earn a James Beard nomination. “It was a crazy coincidence.” The Laundry opened 17 years ago serving breakfast, and then added a bar and began offering full-service dinner six years later. Brunori went to culinary school after she divorced. “I fell in love with the whole aspect of the industrial kitchen,” she said. “I loved going to school. I decided I would go fullsteam ahead.” Brunori shares the kitchen with her 23-year-old son, who’s a sous chef at The Laundry. “He’s following in my footsteps and he does a great job here.” The gala for the James Beard Foundation

awards will take place May 2, 2016, in Chicago.

Katoi coming “We’re hoping the brick and mortar will open in January,” said Katoi partner Courtney Henriette, of the restaurant that’s moving into 2520 Michigan Avenue in Detroit. “It used to be Willy’s Garage, years ago. We took the whole roof off, it’s been an amazing construction.” Dishing up a rotating menu of Thai-inspired food, Katoi started as a Detroit-based food truck, and expanded to Ann Arbor this summer. As the team travels between cities in preparation for the Corktown opening, chefs du cuisine Cameron Rolka, previously of Dime Store, and Michael Conrad, previously of Bacco Ristorante, are working closely with Henriette and Executive Chef Brad Greenhill. “Our menu is usually really meaty or really veggie-based. If we have a lot of vegetables, it tends to be vegan. The cool thing is that the guys will have better equipment like woks, and can maybe have more large animals like lamb and cow,” said Henriette, noting that the menu currently leans towards pork dishes. Once the new restaurant swings open, the Ann Arbor location will be on hiatus.

Vietnamese food expands The family that launched Pho Lucky in 2012 opened a fourth location in Midtown Detroit, at 3111 Woodward Avenue this November. Owners Cong, Amy and Andy Nguyen, along with their cousin Tommy Hoang, present a Vietnamese menu of pho, spring rolls, rice plates and vermicelli bowls. The most popular dish in Vietnam, the team describes pho as “Vietnamese comfort food.” Made with beef broth, noodles, meatballs, and steak, it’s topped off with crunchy bean spouts and flavored by basil, cilantro, lime, hoisin sauce and Sriracha sauce. For a delicious pick-me-up, Pho Lucky serves Vietnamese iced coffee – fresh brewed and sweetened with condensed milk. Additional locations include Southfield, Novi and Redford.

Destination cooking Black Rock Bar and Grill, where patrons can sizzle their steak on a blistering hot volcanic stone,


expanded in November to Canton, at 41601 Ford Road, the former home of Roman Forum. Employing 150 staff and seating up to 450, the restaurant has a dining room with 43 TVs, an outdoor patio with a fireplace to keep warm, and the TVfree Wine Room, a quiet retreat from the hustle and bustle. Father and son Jack and Jake Schifko opened the Canton location with partners Karl Albriecht, Janine Morse, and Steve Mellows. A 755-degree stone doubles as a plate for steak. “The volcanic stone sears the meat, holding in the juices and making it much more tender than what you get on a grill.” said Jake Schifko. “You cook it slice by slice, as you go, so nothing gets cold, nothing gets chewy.” The menu also includes burgers, soups, salads and Mountain Dew slushies for the kids. “We’re seeing lines out the door during the weekend,” said Schifko. This is the fourth location, with others being in Novi, Hartland and Woodhaven. “We’re acquiring (locations in) Troy and Grand Rapids within the next year-and-a-half or two years,” said Schifko. Black Rock is leasing the Canton building from the Gatto family, who built the building 40 years ago to house Roman Forum, an Italian restaurant that shuttered in January, 2015.

POP UP INTEL Yemans Street, 2995 Yemans Street in Hamtramck: Joe Giacomino and John Vermiglio, of Grey Ghost Detroit, opening in spring, will serve The Cow Menu, a multicourse dinner, on Friday, December 4. Yemans is now booking for holiday events, said co-owner Corrie Tinker. “We have recently added private parties, we have a chef readily available for all needs.” yemansstreet.com The Menagerie, 31 N. Saginaw Street in Pontiac: Mike Little, owner of Crème Fresh Catering, farm-totable dinner, Sunday, December 6. BYOB. menageriekitchen.com Front/Back is reported each month by Katie Deska. KatieDeska@DowntownPublications.com. We welcome news items or tips, on or off the record, about what's happening in the front or back of the house at metro area restaurants.

Cameron’s Steakhouse: American. Dinner, daily. Reservations. Liquor. 115 Willits Street, Birmingham, 48009. 248.723.1700. Churchill's Bistro & Cigar Bar: Lunch & Dinner, daily. No reservations. Liquor. 116 S. Old Woodward Avenue, Birmingham, 48009. 248.647.4555. Eddie Merlot's: Steak & seafood. Dinner, daily. Reservations. Liquor. 37000 Woodward Avenue, Bloomfield Hills, 48304. 248.712.4095. Elie’s Mediterranean Cuisine: Mediterranean. Lunch & Dinner, Monday-Saturday. No reservations. Liquor. 263 Pierce Street, Birmingham, 48009. 248.647.2420. 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. Griffin Claw Brewing Company: American. Dinner, Tuesday-Friday, Lunch & Dinner, Saturday and Sunday. No Reservations. Liquor. 575 S. Eton Street, Birmingham. 248.712.4050. Hyde Park Prime Steakhouse: American. Dinner, daily. Reservations. Liquor. 201 S. Old Woodward, Birmingham, 48009. 248.594.4369. 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. Mandaloun Bistro: Lebanese. Lunch, Monday-Friday. Dinner, Daily. Reservations. Liquor. 30100 Telegraph Rd., Suite 130, Bingham Farms, 48025. 248.723.7960. MEX Mexican Bistro & Tequila Bar: Mexican. Lunch, Monday-Friday, Dinner, daily. Liquor. 6675 Telegraph Road, Bloomfield Township, 48301. 248.723.0800. Mitchell’s Fish Market: Seafood. Lunch & Dinner, daily. Reservations. Liquor. 117 Willits Street, Birmingham, 48009. 248.646.3663. Peabody’s: American. Lunch & Dinner, daily. Reservations. Liquor. 34965 Woodward Avenue, Birmingham, 48009. 248.644.5222. Phoenicia: Middle Eastern. Lunch, Monday-Friday; Dinner, daily. Reservations. Liquor. 588 South Old Woodward Avenue, Birmingham, 48009. 248.644.3122. Roadside B & G: American. Lunch & 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. Social Kitchen & Bar: American. Lunch & Dinner, daily. Reservations, parties of 5 or more. Liquor. 225 E. Maple Road, Birmingham, 48009. 248.594.4200. Streetside Seafood: Seafood. Lunch, Monday-Friday; Dinner, daily. Reservations, Lunch only. Liquor. 273 Pierce Street, Birmingham, 48009. 248.645.9123. Tallulah Wine Bar and Bistro: American. Dinner. Monday-Saturday. Sunday brunch. Reservations. Liquor. 55 S. Bates Street, Birmingham, 48009. 248.731.7066. The Bird & The Bread: Brasserie. Lunch & Dinner, daily. Reservations. Liquor. 210 S. Old Woodard, Birmingham, 48009. 248.203.6600. The Franklin Grill: American. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 32760 Franklin Rd, Franklin,

48025. 248.865.6600. The Rugby Grille: American. Breakfast, Lunch & Dinner, daily. Reservations. Liquor. 100 Townsend Street, Birmingham, 48009. 248.642.5999. The Stand: Euro-American. Dinner, Monday-Saturday. Reservations. Liquor. 34977 Woodward, Birmingham, 48009. 248.220.4237. Toast: American. Breakfast & Lunch, daily; Dinner, Monday-Saturday. Reservations. Liquor. 203 Pierce Street, Birmingham, 48009. 248.258.6278. Townhouse: American. Brunch, Saturday, Sunday. Lunch & Dinner, daily. No reservations. Liquor. 180 Pierce Street, Birmingham, 48009. 248.792.5241. Triple Nickel Restaurant and Bar: American. Lunch & Dinner, daily. Liquor. Reservations. 555 S. Old Woodward, Birmingham 48009. 248.480.4951.

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. Andiamo Restaurants: Italian. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 129 S. Main St., Royal Oak, 48067. 248.582.0999. 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. Bistro 82: French. Dinner, daily. Reservations. Liquor. 401 S. Lafayette Ave., Royal Oak, 48067. 248.542.0082. The Blue Nile: Ethiopian. Dinner, TuesdaySunday. Reservations. Liquor. 545 W. Nine Mile Rd., Ferndale, 48220. 248.547.6699. Bspot Burgers: American. Lunch & Dinner, daily. No reservations. Liquor. 310 S. Main St., Royal Oak, 48067. 248.268.1621. 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. D’Amato’s: Italian. Sunday Brunch. Dinner, Tuesday-Saturday. Reservations. Liquor. 222 Sherman Dr., Royal Oak, 48067. 248.584.7400. 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. Inn Season Cafe: Vegetarian. Sunday Brunch. Lunch & Dinner, TuesdaySaturday. No reservations. 500 E. Fourth St., Royal Oak, 48067. 248.547.7916. Inyo Restaurant Lounge: Asian Fusion. Weekend Brunch. Lunch & Dinner, daily. No reservations. Liquor. 22871 Woodward Ave., Ferndale, 48220. 248.543.9500.

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KouZina: Greek. Lunch & Dinner, daily. No reservations. 121 N. Main St., Royal Oak, 48067. 248.629.6500. Lily’s Seafood: Seafood. Weekend Brunch. Lunch & Dinner, daily. No reservations. Liquor. 410 S. Washington Ave., Royal Oak, 48067. 248.591.5459. Local Kitchen and Bar: American. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 344 W. Nine Mile Rd., Ferndale, 48220. 248.291.5650. 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. Pronto!: American. Weekend Brunch. Lunch & Dinner, daily. No reservations. Liquor. 608 S. Washington Ave., Royal Oak, 48067. 248.544.7900. 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. 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. Town Tavern: American. Lunch & Dinner, daily. No reservations. Liquor. 116 W. Fourth St., Royal Oak, 48067. 248.544.7300/ Trattoria Da Luigi: Italian. Dinner, TuesdaySunday. Reservations. Liquor. 415 S, Washington Ave., Royal Oak, 48067. 248.542.4444. Vinsetta Garage: American. Lunch & Dinner, daily. No reservations. Liquor. 27799 Woodward Ave., Berkley, 48072. 248.548.7711.

Troy/Rochester Bspot Burgers: American. Lunch & Dinner, daily. No reservations. Liquor. 176 N. Adams Rd, Rochester Hills, 48309. 248.218.6001. 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. Ganbei Chinese Restaurant and Bar: Chinese. Lunch, Monday-Saturday. Dinner, daily. Reservations. Liquor. 227 S. Main St, Rochester, 48307. 248.266.6687. 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

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Beaver Rd., Troy, 48083. 248.619.9060. Kruse & Muer on Main: American. Sunday Brunch. Lunch & Dinner, daily. Reservations. Liquor. 327 S. Main St., Rochester, 48307. 248.652.9400. Lakes: Seafood. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 5500 Crooks Rd., Troy, 48098. 248.646.7900. McCormick & Schmick’s: Steak & Seafood. Lunch & Dinner, daily. Reservations. Liquor. Somerset Collection, 2850 Coolidge Hwy, Troy, 48084. 248.637.6400. 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, Monday-Friday. 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. 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. Steelhouse Tavern: American. Lunch & Dinner, daily. Reservations. Liquor. 1129 E. Long Lake Rd., Troy, 48085. 248.817.2980. The Meeting House: American. Weekend Brunch. Dinner, Tuesday-Sunday. No reservations. Liquor. 301 S. Main St, Rochester, 48307. 248.759.4825. Tre Monti Ristorante: Italian. Lunch, Thursdays. Dinner, Tuesday-Sunday. Reservations. Liquor. 1695 E. Big Beaver Road, Troy, 48083. 248.680.1100.

Detroit Angelina Italian Bistro: Italian. Dinner, Tuesday-Sunday. Reservations. Liquor. 1565 Broadway St., Detroit, 48226. 313.962.1355. Antietam: French. Sunday Brunch. Dinner, Monday-Saturday. Reservations. Liquor. 1428 Gratiot Ave., Detroit, 48207. 313.782.4378. Bucharest Grill: Middle Eastern. Lunch & Dinner, daily. No reservations. Liquor. 2040 Park Ave., Detroit, 48226. 313.965.3111. Cliff Bell’s: American. Sunday Brunch.

Dinner, Tuesday-Sunday. Reservations. Liquor. 2030 Park Ave., Detroit, 48226. 313.961.2543. Coach Insignia: Steak & Seafood. Dinner, Monday-Saturday. Reservations. Liquor. 100 Renaissance Center, Detroit, 48243. 313.567.2622. Craft Work: American. Sunday Brunch. Dinner, Monday-Saturday. Reservations. Liquor. 8047 Agnes St., Detroit, 48214. 313.469.0976. Cuisine: French. Dinner, Tuesday-Saturday. Reservations. Liquor. 670 Lothrop Rd., Detroit, 48202. 313.872.5110. 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. Sunday Brunch. 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. Maccabees at Midtown: American. Sunday Brunch. Lunch & Dinner, Tuesday-Saturday. Reservations. Liquor. 5057 Woodward Ave., Detroit, 48202. 313.831.9311. 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., Detroit, 48201. 313.832.2700. 1917 American Bistro: American. Sunday Brunch. Lunch & Dinner, MondaySaturday. Reservations. Liquor. 19416 Livernois Ave., Detroit, 48221. 313.863.1917. Prism: Steak & Seafood. Dinner, TuesdaySaturday. 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. Roma Café: Italian. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 3401 Riopelle St., Detroit, 48207. 313.831.5940. Russell Street Deli: Deli. Breakfast & Lunch, Monday-Saturday. No reservations. 2465 Russell St, Detroit, 48207. 313.567.2900. Santorini Estiatorio: Greek. Lunch & Dinner, Tuesday-Sunday. Reservations. Liquor. 501 Monroe Ave, Detroit, 48226. 313.962.9366.

WESTEND

Selden Standard: American. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. Liquor. Reservations. 3921 Second Ave., Detroit, 48201. 313.438.5055. 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. Small Plates Detroit: American. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 1521 Broadway St., Detroit, 48226. 313.963.0702. St. CeCe’s Pub: American. Sunday Brunch. Lunch & Dinner, MondaySaturday. No reservations. Liquor. 1426 Bagley Ave., Detroit, 48216. 313.962.2121. 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. Lunch & Dinner, daily. No reservations. Liquor. 3919 Woodward Ave., Detroit, 48201. 313.832.0892. The Detroit Seafood Market: Seafood. Lunch & Dinner, daily. Reservations. Liquor. 1435 Randolph St., Detroit, 48226. 313.962.4180. Tom’s Oyster Bar: Seafood. Lunch, Monday-Friday. Dinner, MondaySaturday. Reservations. Liquor. 519 East Jefferson Ave., Detroit, 48226. 313.964.4010. Top of the Pontch: American. Dinner, Tuesday-Saturday. Reservation. Liquor. 2 Washington Blvd, Detroit, 48226. 313.782.4313. 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. Wolfgang Puck Pizzeria and Cucina: Italian. Dinner, Wednesday-Sunday. Reservations. Liquor. 1777 Third St, Detroit, 48226. 313.465.1646. Wolfgang Puck Steak: Steak & Seafood. Dinner, daily. Reservations. Liquor. 1777 Third St, Detroit, 48226. 313.465.1411. Wright & Co.: American. Dinner, MondaySaturday. No reservations. Liquor. 1500 Woodward Ave Second Floor, Detroit, 48226. 313.962.7711.

12.15


AT THE TABLE With Sklar's talent, the new Au Cochon has real promise By J. March

very once in a while something comes along that you just can’t put into words. As a writer, this is what I like to call “not so bueno.” It's not writer’s block. There are just no words. So for as much as I hate the idea of shopping others words, I go to the Internet in hopes of being inspired. After a two-hour long search that included “What is French food?” and “Classic French cuisine” and “Thomas Keller on French cookery,” I finally realized why there were no words. You cannot describe something that has yet to be defined. French food has no definition. Truly. I am afraid to say it for fear of looking like a total fraud but there is no other conclusion to be had. I could not find one concise explanation of what French food is. There are some that will say that Escoffier and the 5 mother sauces are the core of all modern cookery today. No Bechamel, no Mac and Cheese. No espagnole, no gravy. No bearnaise, no Eggs Benedict. There are some that will say that French food is simply the classics, Coq au vin, escargot, Creme Brulee, quiche. One article (written by a Parisian) entitled, “10 French Foods to Eat Before You Die” listed wine as number two. Hashtag Soulmate. Some will say that true French food is heavy and born from butter and cream and more butter. However, in Provence and Normandy, olive oil, fresh seafood, fish, herbs and produce make up most of their cuisine. Even though I just used a whole bunch of words to describe what I couldn't put into words, I think you get it. When you make a reservation at a Birmingham place named Au Cochon, you make some basic assumptions. You may max out your credit card after apps and drinks. You may not get apps or drinks because “Ze waiter may zink you are not sophisticated enough to take up zee table.” You may not speak the entire meal as you can only point at what you want to order. Fancy French words are scary. Period. And I am not too proud to admit I was prepared to peek in the window then run at the first sight of escargot tongs or tall men with pencil mustaches. None to be seen, I bravely entered and am happy to say how completely wrong I was. Au Cochon has an amazing vibe. Again, it’s hard to describe. I felt like I was sitting in a well-established, casual village restaurant somewhere anywhere other then Birmingham. It wasn't all polished and shiny like a new restaurant usually is. It just felt warm. Like your favorite, stained hoodie or hole-laden sweatshirt you just can’t bring yourself to throw away. Admittedly, it was a Monday night and there wasn't much of a crowd, but in that moment, all I could think about was how I may just possibly sit there till Le Roosters started crowing. The menu is small. Pleasantly so. I had looked at the menu online and was so excited to start with the Gougeres with ham, gruyere mousse and mustard, but soon realized they were not on the menu in front of me. It was explained to me that they pulled them off the menu because execution was too hard. After looking at the size of this kitchen, this made perfect sense and I can appreciate having to make apologies for not trying it rather than apologizing after the fact.

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Skate Meuniere: duchess potato, charred cauliflower, caper. Westend photo: Jean Lannen

My two second choices of Fromage Blanc and Steak Tartare made me forget about the gougeres from earlier. Sheep's milk cheese whipped and touched with truffle honey and lemon (pretty sure I tasted a hint of basil, too) served with what is listed as toast points but definitely not your average toast points. Think garlic bread put on a panini press. Buttery crispy exterior with soft, warm insides and the perfect vehicle for the whipped, sweet and savory cheese. The tartare was classically prepared with capers, egg yolk and mustard, but served with chips rather then crostini. Though I loved the flavors of the chips and the casual spin that fit the entire place, they were sliced a little too thin and didn't hold the tartare. Mussels, frog legs, oysters and shrimp cocktail are appropriately on the menu. What was a bit out of place was bacon. Listed as such and served with a bourbon glaze and cracked pepper. With all the options available for small plates in a French cafe, bacon is a sell out. Period. Seven entrees are offered. Once again, you can tell that the owners and Chef at Au Cochon aren't completely convinced they can pull off the entire theme of casual French food so the Fromage burger rears its ugly head. Cheeseburgers on a menu with Chickpea Crepe and Skate Meuniere? That's more like Peas & Popsicles than Peas & Carrots. I took the manager's suggestion and went with the Steak Frites and Skate Meuniere.Though the presentation was ideal, the Steak Frites were utterly disappointing. The frites were more like shoestring potatoes and the steak was clearly a sirloin cut. Once I was informed that the steak was sous vide, I sighed a heavy sigh and lost a little bit of love for Au Cochon. Though this will come with much controversy, it is my opinion that sous vide food is the modern version of microwaving – user friendly and perfect for kicking

out a bunch of food with little to no skill or execution. The Skate was the opposite. Although it came out looking like a hot mess on the plate, the fish itself was perfectly cooked, with a mildly sweet, firm texture and a meunier sauce that was exactly as it should be. The potatoes were overcooked, bland and the charred cauliflower was not only remiss of any char but cold and tasted like it had been pickled. I ordered the side of carrots and onions with herbs and guessed that my Monday evening appearance made me the victim of weekend leftovers. Much like a couch from Big Lots, the carrots had an exterior of leather and an interior of straw. Although I cannot say what the herbs and spices were, I can say that what I tasted was an abundance of rosemary and mustard seed that were awful together. Co-owner Zack Sklar has proven that he is capable and talented. Beau’s in Bloomfield is exceptional (at least it was when I reviewed it months ago) and Social Kitchen and Bar keeps packing them in. He has professed to open 70 restaurants and at this pace, it's easily obtainable. There is no doubt about his talent and Au Cochon definitely has promise. Go for the Fromage. Go for the Tartare. Go for the Skate. And if for no other reason, go because anyplace that translates to “The Pig” can't be all that bad. Au Cochon, 260 N. Old Woodward Avenue, Birmingham 48009. Reservations recommended by calling 248.792.7795. Hours are Monday through Sunday from 5 p.m.-midnight, with bar hours extended till 2 a.m. on Fridays and Saturdays. Street parking is available. Handicap accessible. J. March has 25 years experience in the restaurant industry in southeast Michigan, including certification as a sommelier.


ENDNOTE

Questionable handling of DDA matters n agreement on Tuesday, November 17, by the Commerce Township Downtown Development Authority (DDA) to facilitate a potential $10.5 million sale of commercial property under contract with Robert B Aikens & Associates to another developer should have been denied, or at least tabled until DDA members were provided with full information in their packets. The agreement involves about 20 acres of land under contract by the Aikens group, which intends to construct a lifestyle and entertainment center that would serve as the centerpiece of the future downtown. The Aikens group, which is still in the process of securing tenants for the project, agreed in October 2014 to pay $10.5 million for the land, which won't be due in full for at least two more years. On Tuesday, November 17, the DDA agreed it would offer the land to M. Shapiro Development for the same price, should Aikens withdraw from the current agreement. Touted by DDA Director Mark Stacey as "a win" for the township, the agreement came as a lastminute add-on to Shapiro's $5.15 million purchase agreement for some 60 acres of land across from the proposed lifestyle center. While the deal – in a best case scenario – has the potential to serve as a backup plan for the sale of the property, it does not consider the likelihood of property value increases, nor free market sales, an inexcusable breech on the part of the director and the board that approved it, and one that seemed to smell of day-old fish.

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Considering property values have been rising, the land value would most likely be worth much more than $10.5 million now, or in several years from now, should the Aikens group withdraw from the sale, although we hasten to add that there is no current indication that Aikens is looking to back out of the project. If we are correct, Shapiro would purchase the property below its market value. It could then flip the land to someone else for a profit, or find a partner to develop the land. Should the property decrease in value, Shapiro could simply pass on its purchase. Either way, there's no downside to the deal for Shapiro should Aikens back out of the sale. And the DDA – i.e. the township – could potentially lose out on millions. Those who supported the deal say that Shapiro has an interest in having a quality commercial development across from its residential product. While that's true, the DDA exists to protect the interests of the township, not land developers. Shapiro has been under contract for the land for more than two years. There have been repeated delays in closings, many due to DDA and ordinance issues. We can't blame the developer for requesting a better deal if it knows the DDA will kowtow to the whims of developers, as has been the case with multiple issues on the property. In this instance, Stacey and the real estate broker appeared to sneak it before the DDA board members, as if they knew the deal wasn't kosher. We are concerned regarding Stacey's

forthrightness in his actions to both the DDA and the township's board of trustees. Stacey acknowledged on November 17 that he had already spoken to Shapiro about this agreement prior to going before to the township board of trustees just seven days earlier, on November 10. At that meeting Stacey requested a $1.3 million payment for DDA debt, and the board was informed the Shapiro sale was held up by an issue regarding private roads. Withholding information from the township board about a right of first offer agreement, that could also have potentially placed the sale of property in jeopardy, was simply deceptive. Additionally, we share the frustration of Commerce Township Clerk Vanessa Magner, who said she left the November 17 DDA meeting in protest of how the entire agreement was presented. Not only did it appear to be snuck into a motion before the board, it was still being drafted by the developer's attorney at the time, essentially granting Shapiro a greater position of power, and DDA board members could not even see the agreement before voting. We're also bothered that the township supervisor, the sole representative of the township board on the DDA board, who neither spoke at the meeting nor voiced any objections – clearly a weak representative. How this matter was introduced and handled by all involved should raise serious questions for all township officials when it comes to the future of DDA issues and DDA board appointments.

The crumb rubber artificial turf fiasco he majority of local public and private schools we spoke with while writing a story for this issue on the safety of crumb rubber artificial turf athletic fields acknowledged they had installed the fields after only looking at improved maintenance costs, not considering whether there could be health costs to the student/athletes. Crumb rubber turf is a form of synthetic turf field which utilizes about 40,000 tires which are crumbled up to fill in between artificial strands of grass. The fact is that no one seems to know whether these athletic fields are actually a “good buy” – because no one knows if they are safe over the long run for students to be playing on. A New York state environmental conservation study found a lot of artificial turf fields contain carcinogens at levels that exceed health-based soil standards. And the Great Lakes Environmental Law Center affiliated with Wayne State University notes that the tuff contained “systemic toxicants” known to “induce severe adverse health effects.” A soccer coach for the University of Washington women’s team compiled a list of athletes who have developed cancer, with evidence of 38 cases of cancer among soccer players, 34 of which played

T

the position of goalkeeper. Various levels of authority assume the safety of crumb rubber used in the fields is a non-issue, or place the responsibility of investigation on different governing bodies. “We, in Michigan, have not researched it. We basically rely on the EPA and the industry to put together standards for those materials,” acknowledged Rhonda Oyer, acting chief of solid waste for the Michigan Department of Environmental Quality (MDEQ). That's frightening. When contacted, federal agencies like the Environmental Protection Agency (EPA) assumed states were monitoring this. State agencies, including the MDEQ and the Michigan High School Athletic Association (MHSAA), said they thought locals should be viewing studies on crumb rubber fields. Local schools don't have the ability nor the resources to conduct research, and have relied upon state experts. The fact is, no one knows who's on first. This cycle of passing the buck of responsibility must stop. Frankly, we found the position of the MHSAA deplorable – basically suggesting that it is up to local schools to do the research and make the determination. Who are local school districts to turn

to but the Michigan High School Athletic Association, which should be concerned about more than just scheduling tournaments? Shame too, on the EPA and MDEQ. While recycling is commendable, recycling tires into a potential public health hazard is no more desirable than recycling asbestos. One of the questions posed this October by the House Energy and Commerce Committee to the EPA stated, “What does the Agency know about the incidence (percentage of population by sex and age level) of cancers in the general population? To the best of your knowledge, is the incidence for persons who play on fields treated with crumb rubber higher than in the general population?” In response, the EPA acknowledged, “The existing studies do not comprehensively address the recently raised concerns about children’s health risks from exposure to tire crumb.” The time is long overdue for definitive research and in-depth studies on crumb rubber turf fields at the state and national levels to see if this artificial turf is really worth it for local school athletic fields when weighed against potential threats to the health of student athletes.



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MOBILE

2014

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