Westend: December 2013

ENDNOTE: REGIONAL WATER/SEWER CONTROL MAY FINALLY BE POSSIBLE DECEMBER 2013

WESTENDMONTHLY.COM

WESTEND C O M M E R C E • WA L L E D L A K E • W O LV E R I N E L A K E • U N I O N L A K E

BEGGARS: FEDERAL COURTS WIPE OUT STATE, LOCAL PROHIBITIONS REGIONAL WATER/SEWER: DETROIT BANKRUPTCY MAY SOLVE DEBATE PAY-TO-PLAY: THE PERSONAL COST OF SPORTS PARTICIPATION

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WESTEND12.13

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13 29

Begging restrictions knocked down Federal courts have ruled that Michigan law and, as a result, local ordinances criminalizing begging in public are unconstitutional.

Pay-To-Play Sports

Regional water/sewer

Pay-to-play sports participation in public schools is much more common than most people may realize.

The bankruptcy of Detroit may actually bring about something that politicians for decades have been unable to accomplish.

11 CRIME LOCATOR 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.

32 MUNICIPAL Haggerty Road 2014 construction project set; Wolverine Lake consultant approved; traffic study okayed by Commerce DDA; parks & recreation master plan hearing; township water storage facility; plus more.

41 BUSINESS MATTERS Four Kingdoms Art Market; Massage Green Spa; Peet's Coffee and Tea

42 ENDNOTE Possible opportunity on regional water/sewer; maybe not the last word on local begging ordinances.

THE COVER

FACES 19: Sandy Richards

Commerce United Methodist Church on N. Commerce Road in Commerce, first organized in 1838, one of the oldest churches in Michigan. Westend photo: Rachel Bechard DISTRIBUTION: Mailed monthly at no charge to homes in the Commerce, Walled Lake and Union Lake area. Additional free copies are distributed at high foot-traffic locations.

For those not residing in the free mail distribution area, paid subscriptions are available for a $12 annual fee. Go to our website (westendmonthly.com) and click on “subscriptions” in the top index and place your order on-line or scan the QR Code here.

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26: Dan Krause

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Publisher: David Hohendorf Ad Manager: Jill Cesarz Ad Sales: Matthew Swigart Graphics/IT Manager: Chris Grammer News Editor: Lisa Brody

News Staff/Contributors: Allison Batdorff, Rachel Bechard, Hillary Brody, Kevin Elliott, Sally Gerak, Eleanor & Ray Heald, Austen Hohendorf, Garrett Hohendorf, Kathleen Meisner, Laurie Tennent

WESTEND

INCOMING: 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 traditional letters or electronic communication. Your opinions can be sent to westend@downtownpublications.com; or mailed to Downtown Publications, 124 West Maple Road, Birmingham MI, 48009. Letters must include your full name, address and daytime phone number for verification.

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FROM THE PUBLISHER

P

utting out the December issue of this publication, which marks the end of our first calendar year of Westend, serves as a good time for some reflection on how the newsmagazine fared in 2013.

When we produced our first issue in the spring of this year, I used this space and the editorial space for Endnote to outline what we hoped to offer residents with Westend every month.

In the launch issue I noted that we would be offering lakes area residents, first and foremost, a complete package of information that would run the gamut from local government and school district governance coverage; personality profiles of those either living in the area or who were raised in the Commerce-Union Lake area that had accomplished something of note; along with long-form journalism focused on issues of importance to local residents.

Long-form journalism is something that most publications have abandoned in recent years, but we think readers appreciate a more in-depth look at issues of interest. During our first year, we looked at what type of ethics rules were in place for local government officials; the new role of libraries in the local communities; teen dating violence; the rise in the use of heroin in the county; the fracking issue in the west Oakland lakes area; gangs in Oakland County; and testing of sound levels at local establishments, just to name a few.

Our editorial coverage also included the key actions of government bodies and we have offered our readers personality profiles of over 40 people from the local area.

As promised, we also used editorial opinion space in Westend to lend our voice to the community debate on a number of issues, which is what we think any legitimate publication should be doing. Publications should be more than just puff pieces and paid advertising. While a publication, bottom line, is a business that must produce a profit, there is also a responsibility to fulfill the traditional role of being the watchdog for the citizens, both with news coverage and editorial opinion. It's a role we take seriously at our publishing group.

Most heartening during the past year has been the feedback we have received from residents of the west Oakland area. We like to think that we help foster a community discussion on issues and the letters we publish each issue in our Incoming section would suggest that readers appreciate the opportunity to provide their own personal comments.

Your input also helps us produce a more relevant monthly newsmagazine. So we encourage feedback by allowing everyone to access the e-mail addresses of all of our staff at westendmonthly.com, and my e-mail address is listed at the bottom of this page.

As promised, we have augmented the monthly print product with our website, westendmonthly.com, along with our Facebook page (facebook.com/westendmonthly), both of which allow us to bring you more immediate news such as police reports and news about government meetings and actions as they occur. Our website is updated at least once each week and more often when breaking news dictates. Hundreds of readers have signed up to receive our weekly e-mail notifications as we update the site.

Lastly, we have appreciated the support from the business community which allows us to bring you Westend each month. We were contacted in 2012 by a number of business leaders who requested that we create a publication in the west Oakland area.

At last count, over 80 businesses have advertised in Westend during 2013, a clear indication that our editorial product filled a void for a strong editorial product for the area encompassing Commerce, Walled Lake, Wolverine Lake and Union Lake.

As I explained earlier this year, many of us at Downtown Publications, which produces Westend, have spent years, or in my case decades, covering issues in the west Oakland lakes area. We have enjoyed what I like to call a homecoming with the launch of Westend, and are looking forward to bringing you our newsmagazine in the coming year.

David Hohendorf Publisher DavidHohendorf@downtownpublications.com

Wishing you a Safe & Happy Holiday Season

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INCOMING Land of violence The U. S. has become the land of the fearful where violence and killing are rampant. Laws based on racial and ethnic biases have allowed a cowboy mentality of the Wild West to flourish.

Citizens have died in many locales throughout our country: a neighborhood in FL, a movie theatre in CO, a mall in AZ, an elementary school in CT, a college in VA, several city streets in major cities. One of he latest tragedies happened on a porch in a large city in MI. Various types of guns are poorly regulated plus are easily accessible.

Mental health issues and problems are neglected. People act rashly without thinking.

When will citizens get involved to pressure representatives and other leaders to make changes to help save needless deaths? When will reason and sanity prevail?

Hannah Provence Donigan, Commerce

Humbled by bond support On Tuesday, November 5, the Walled Lake Schools community approved the Safety, Security and Technology Bond for the Walled Lake Consolidated School District and we are humbled by their support.

On behalf of the board of education, I want to thank each and every resident who participated in the election. I also want to thank the Citizens Committee for Walled Lake Schools who worked tirelessly on this effort.

This bond was a parent-driven initiative led by Tim Lynch and Stephanie Kaplan. They deserve the utmost gratitude and admiration, as they led a true grassroots campaign that reached out to the whole community. Everyone who served on the citizens committee demonstrated absolute dedication and commitment.

Thank you to the citizens of the nine municipalities that comprise the Walled Lake Schools community for providing enhanced safety, improved technology, new buses, and many other improvements for our 15,000 children and the more than 70,000 residents we serve.

Please know you have made a difference for many years to come.

Kenneth Gutman, Superintendent of Schools, Walled Lake Consolidated School District

Enough is enough Enough is enough. The unconscionable liberty taken by those who are entrusted to execute fiscal responsibility for taxpayers is appalling.

I am not necessarily on the side of the Tea Party and their draconian actions, however, I do empathize with their disgust. There seems to be westendmonthly.com

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We welcome your opinion on issues facing the Commerce, Walled Lake and Union Lake communities.

OF THE MONTH CLUB

Opinions can be sent via e-mail to westend@downtownpublications.com or mailed to Downtown Publications, 124 West Maple Road, Birmingham MI 48009.

The Gift They Will Remember All Year Long!

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no end to the upward spiral of irresponsibly taxing those who are working.

Allow me to cite some examples which reference Westend's (November issue) and the article "Commerce board differs on development". Ten years ago the Commerce Township DDA decided to get in the real estate business by issuing $24 million in bonds to purchase 330 acres for development.

Soon after that time (when real estate prices were at a premium), they turned down offers from developers.

While your publication states that today the DDA is responsible for this debt, which has (grown) to $73 million and the township contributes $2 million each year from its general fund to subsidize the DDA to help repay the bonds, you have misidentified the party's responsible for the debt. It is taxpayers, not the DDA or township, who is obligated to pay for this.

In contrast, to be fiscally responsible to their constituents, Walled Lake leaders are making very difficult decisions with police, fire and bus drivers staffing and looking to have shared services with other municipalities. No one wants to make cuts in these areas, however, they are to be commended for making these tough decisions which are in taxpayers best interest.

On the other hand, it is a bewilderment how the village of Wolverine Lake leaders spends thousands of taxpayers money to the respected firm of Plante and Moran who concluded that shared services such as combining Walled Lake and the village police force will result in annual savings of hundreds of thousand of dollars without compromising safety.

Enough is enough. If any public company ran their operation with the fiscal irresponsibility and arrogance of Commerce Township and other municipalities, the shareholders would fire the board and its leaders.

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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 Nov. 22, 2013.

Placement of codes is approximate.

PAY-TO-PLAY ATHLETIC PARTICIPATION IN LOCAL HIGH SCHOOLS

BY LISA BRODY

W

e have heard for years that the best thing for students is to get them outside, into the fresh air, away from their computers and video game consoles, and let them run around and play. As parents, we've listened. In our modern era, we just haven't let them play on their own. We've signed them up for kiddie soccer leagues, pee wee football, t-ball and little league, junior tennis and hockey, and lacrosse, even when the sticks and bats were bigger than they were. We may not be raising the next generation of Tiger Woods, Misty May Traynors or Serena Williams, but we are working hard to give our children the opportunity to pick up and swing a club, boot a ball over the net, perfect their jump shot, and serve and grunt just as well as their (and our) sports idols.

Outdoor Action Company is the premier store for all your outdoor sporting gear and latest designer trends. From skis to triathlon bicycles to stand up paddle boards, our job is to outfit you with the equipment that is best suited for your success. We test all the equipment and only sell the brands we trust and use ourselves.

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Before most of our kids have had a chance to discover which sports they really are passionate about, we're signing them up for travel and rec teams, because we've learned from parents ahead of us that if kids aren't on a travel team as soon as one is formed, they've missed the boat. Specialization and year-round participation in one or two sports has become the norm for many elementary school children, with inherent costs for equipment, uniforms, practice facilities, coaches, and out of town tournaments. Which can cost thousands of dollars per child, per year.

The increase in specialization in youth sports, with those high price tags, has led to charges that many sports have been turned into playgrounds for the privileged, with sports like soccer, hockey, baseball and volleyball becoming referred to as upper class sports rather than ones that are open and available to the greater populace.

“Without a doubt, soccer has become a rich kid's sport,” Shane Kennedy, a longtime soccer coach said, noting the costs of up to $4,000 a year to play summer and fall travel sports; as well as the additional costs of tournaments at $500 for a weekend of three games. Uniforms and equipment in most sports are extra. Mark Hyman, author of “The Most Expensive Game in Town: The Rising Cost of Youth Sports and the Toll on Today's Families,” said youth sports is a $5 billion a year industry. “It's the global warming of youth sports.”

F

or many families, those fees for their young kids are worth it because their ultimate goal is some kind of college scholarship in the sport, not realizing at their children's young age that they are few and far between, and that participation does not necessarily equal extraordinary ability. The other goal is to achieve a spot on the coveted high school varsity team, which often demands years of training in the sport before arriving in high school, and excludes those students who have not reached a level of excellence in the sport.

The big surprise for many parents today is that when their kids get to middle and high school, there is often a fee to participate in a sport or extracurricular event in many schools across the country, including here in metro Detroit. The reason is primarily financial, as schools have been experiencing budget reductions, especially since the financial crash in 2008.

“The 2008 bottoming out of the economy sent everyone scurrying for resources,” said Bob Gardner, executive director of the National Federation of State High School Associations. “Pay-to-play is an easy way to get money and work around the budget. It's hard to assess the backlash on a national level. Most parents and athletes understand and have adapted.”

Gardner, whose association is based in Indianapolis, noted that payto-play has been around in some form since the 1950s and 1960s, although it has seen it's time of popularity ebb and flow. “Today, it's pretty common. There is some form of pay-to-play being done in 40 of the 50 states,” he said. “We're just seeing the widespread use really ramped up in the last five years.”

Pay-to-play is a term referring to the charge required of someone to participate in an activity. In today's public, and many private, schools, it can be required not only in athletics, but also for other extracurricular activities. In some cash-strapped districts, students and parents are being obligated to pay for some curricular activities as well, such as for students to take a foreign language or honors or advanced placement classes.

As Gardner noted, pay-to-play is not a completely new phenomenon.

At various times in different economic cycles pay-to-play for athletics has been required of students and parents. But with this economic recession continuing to last for years and affecting the state government's appropriations to education budgets, it's appears that pay-to-play has moved from a temporary measure to a permanent part of school financing.

“Once you go to that model, and it's in the budget, you're not going to include it again,” Gardner pointed out of axing athletic allotments from school budget appropriations. “Schools are not going to put

athletics back into the budget. Once it's gone and they're getting fees for it, even if property taxes come way, way back, it's gone.”

To some, there is a worry that decision will mean that only students whose parents can afford the participation fees and expenses associated with equipment and uniforms can, and will, be part of school athletic teams and extracurricular activities.

“It sends a clear message to everyone in the school district, a message opposite of that intended by the community-supported public schools: opportunities are available only to those who can pay the fee,” wrote Bob Cook in Forbes magazine.

That assumption appears to have some validity. A national survey done in January 2012 by the University of Michigan C.S. Mott Children's Hospital National Poll on Children's Health of parents of children in middle or high school (age 12 – 17 years) about participation in and costs of school sports revealed that 12 percent of parents said that the cost of school sports had caused a decrease in the participation of at least one of their children.

Of those surveyed, 43 percent reported that their children participate in some kind of school sports. Of those, a pay-to-play fee was charged for 61 percent of the sports participants. The average fee was $93, with 21 percent of kids facing a play-to-play fee of $150 or more.

Parents did note that pay-to-play were just one of the components of the school sports costs they reported. Including additional team fees, equipment, uniforms, and other costs, the average cost for sports participation was $381.

The University of Michigan C. S. Mott National Poll on Children's Health study found there were substantial differences in school participation based on household income, with families earning more than $60,000 a year, more than half had a teen playing school sports; but among those earning less than $60,000 a year, which was 19 percent of the respondents, one in five parents indicated that at least one of their children had decreased their participation in school sports due to the cost.

Of those who reported it, 6 percent of those whose children participate in school sports received waivers for the pay-to-play fees.

Waiver policies can vary from district to district. In many, students who qualify for the federal free or reduced lunch program are automatically given waivers for pay-to-play fees. Other districts require financial disclosures to provide student waivers. “However, such policies would miss working families who earn too much for free/reduced lunch, but not enough to afford additional fees for sports,” the poll reported.

T

he University of Michigan study provides a harsher analysis, cautioning districts to proceed with pay-to-play with trepidation. “School sports offer many benefits: higher school achievement, lower dropout rates, improved health, and the development of teamwork, problem-solving skills, and enhanced self-confidence. Findings from this poll are a cautionary tale for those who administer middle and high school sports programs. Pay-to-play programs should be implemented carefully, to ensure that all teens have an equitable chance to benefit from participating in school sports.”

“As pay-to-play becomes the norm, nearly 1 in 5 lower income parents reported their kids decreased their sports participation – that's significant,” said Sarah Clark, associate director of the Child Health Evaluation and Research (CHEAR) Unit at University of Michigan and associate director of the National Poll on Children's Health. “There is not an athletic director, school administrator or coach out there who doesn't want every kid to have a chance to participate. Perhaps schools need to look at their waiver policies and consider options like partial waivers, installment payments, or other means to provide flexibility for families.”

Yet not all families are upset by the fees, noting pay-to-play fees of $150, $300, or ever $500, per student a year are significantly lower than youth sports had been.

Walled Lake Consolidated School District has been charging for athletics and some extracurricular activities for the last several years

with little parental backlash. Judy Evola, spokesperson for the Walled Lake Schools, emphasized that no core curriculum courses are charged for, only athletics and some extracurricular activities. “For the most part, any academic class is part of our included studies. For a jewelry class, a student may have an extra fee, if they go above and beyond for a supply, like wanting to use gold or silver to master a certain skill,” she said. “We believe in a balanced, robust curriculum that meets the needs of our 15,000 students. As for our K-12 curriculum, we try to make sure that those classes are available to everyone as long as they academically qualify.”

Brian Swinehart, director of athletics for the Walled Lake district, said that for the four years he has been with the district, they have charged a $350 one-time fee per high school athlete per year to participate in the majority of the high school varsity sports at the district's three high schools.

“Students who participate in sports here, they do pay-to-play. And there are some self-funded sports, such as snowboarding, skiing, in-line hockey, ice hockey, lacrosse, and equestrian, that the schools do not pay at all for the sports, the parents pay for everything,” Swinehart said. “The students still are varsity athletes at our schools, and they use our facilities. For example, for water polo, they practice and have games at (Walled Lake) Central's pool.”

Ice hockey, bowling, equestrian and some other sports participate at off-site facilities, and parents pay those facilities directly, he said.

Rather than charging students, and parents, a per sport charge, Evola said the district determined it would be more equitable to create a once-a-year fee that would be applicable no matter how many sports a student participated in.

“We have a high percentage of students who participate in numerous sports, so we felt a one-time fee made sense,” she said. “We spoke with other area district athletic directors, and determined it makes sense because it allows parents to say 'we've already paid the one-time fee, so let's get them involved in other sports.'”

M

any other metro Detroit school districts charge a onetime annual athlete participation fee, and the price of the fees range all over the place. The Birmingham Public School district charges $165 at the high school level, while Bloomfield Hills Schools charges $150.

The Grosse Pointe Public School System has an annual participation fee of $115. Farmington Public Schools charges $300 per student, with a $600 family cap.

The West Bloomfield School District charges per sport – $300 for the first sport at the high school level; 150 for the second; 100 for the third for the year; and they offer an $800 family cap.

Huron Valley Schools charges $180 per sport, with a two-sport maximum.

“We determined our fee to participate by looking at all of the other surrounding districts and at the overall budget of the district, at what is reasonable, the number of students participating in numerous sports, and we haven't raised our fee in several years,” Swinehart said.

He said they also look at what different sports take in at the gate.

“The top sports at the gate are football and basketball,” he said. “The lowest are swimming and girls basketball. But there is not one sport that comes in under the $350 threshold. Some are actually three times as high.”

Walled Lake Schools makes a point of providing for any family who cannot pay the fees. “We have an application fee,” Evola said.

“There is a set of criteria, from income, SEV, and other items,” Swinehart said. “It's more than just qualifying for free lunches.”

Private and parochial schools follow different funding models.

Some require pay-to-play fees; others include those athletic and club fees in their tuition. “To my knowledge, it is all included in our tuition,” said Nicole Pielecha, communications coordinator for the Academy of the Sacred Heart. Reg Cavender, athletic director for Brother Rice High School, noted that they have a booster fee that covers certain fees, but “we have an operating budget for each of our sports, and there are things we can not cover, and parents are

expected to cover it. Our (athletic pay-to-play) fees are all over the map, sport by sport.”

Cavender explained further, “If a student keeps it, they are paying for it. If a kid is going to keep a jersey, we can't pay for those. In swimming, for example, their swimsuits, they're going to keep them, so they have to pay for them. The shorts and tops for cross country, they pay for it. A golf jersey, for example, is $36, and the student will keep it at the end of the season. It's his.”

However, he clarified that Brother Rice covers the costs for many other expenses. “Football pads come back into our inventory, so we pay for those,” he said, as well as helmets and jerseys. What Cavender termed “normal” transportation expenses, to meets and games in the general vicinity, are paid for out of the athletic department's operating expenses. “But charter bus,” when there is a tournament or a state meet, he said, “that's a different story,” with parents and boosters needing to pick up the cost.

S

teven Graf, athletic director at Cranbrook Schools, explained that they do not require pay-to-play fees, “not directly, like a typical public school where you have to pay a fee just to try out,” he said. “What is unique to Cranbrook, and probably other schools like Cranbrook is, I don't buy ski uniforms because they are so customized. I don't buy skis because they are so specific to the student, and they can cost $1,000 and they can go out of style, and another student wouldn't use them. Our golf team, they'll purchase their own polo shirts, as well as their own golf clubs. The tennis team purchases their own shirts and warm up suits, as well as their own tennis racquets.”

For each of those sports, the cost can run into the hundreds of dollars per student.

Cranbrook does purchase the uniforms and the equipment for other sports, like football, soccer, volleyball and basketball. A typical uniform, he noted, can cycle through for five years, and then it is usually worn out and there are changes in designs.

There is a fee, however, for football training camp the first week of August each summer. “It's the cost to feed, house and accommodate them on campus for the week,” Graf explained.

While hockey players do not have to pay for ice time, as the school has their own ice rink, nor for jerseys, “individual students have to buy their own hockey gloves,” he said.

“Students have to purchase items that are customized, things that are more of a supply than equipment,” he said. Transportation costs are included in the athletic budget.

Detroit Country Day Schools do not have a pay-to-play system either, although, like Cranbrook, certain sports do require their own purchase of equipment.

“Every student, in order to get a diploma, has to participate in a competitive team. Our school motto is a sound mind is a sound body, with the understanding that a sound body leads to a sound mind,” said Director of External Affairs Susan Murphy. “We believe character development stems from athletic involvement. We particularly are focused on team work, responsibility, and the follow through to teammates that athletics engenders, as well as leadership.”

Murphy said that generally, most of Detroit Country Day's extracurricular activities are included in the school's budget and tuition, although swimmers purchase their own swimsuits, tennis players their own racquets and polos, and golfers their own clubs. “Basketball and football players are issued team uniforms,” she said.

Transportation to all games, meets and practices are provided by the school and covered in students' tuition.

As for other extracurricular activities, she said there are case by case situations where a student may be required to pay for equipment. She explained that band and orchestra students do not pay for participating as a part of the band or orchestra in regional or state competitions, “but when an individual student goes to an individual competition that is not required by the school, they may need to pay for that.”

Just as specialization of sports has become a mainstay for young athletes, so it appears, does paying for that privilege in high schools.

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S

andy Richards, author of "A Far Cry...From Home ~ A Mother's Journey of Love, Loss and Healing...Through the Eyes of an Angel," made a promise to her son, Tyler, just before he passed away.

“I told him that I would love him forever and I would never let his memory fade. It’s one of the reasons I decided to write the book.”

Tyler Richards was a varsity wrestler and a peer counselor at Walled Lake Northern High School before a tragic car crash claimed his life.

“Tyler was a mischievous little guy from the moment he was born,” she said. “He was a ball of energy and lived life to the fullest.”

The 16-year-old had recently gotten his driver’s license when he crossed the median into oncoming traffic. Richards rushed home from a weekend with girlfriends and on September 21, 2003, Tyler succumbed to his injuries and she endured the unnatural experience of burying her child.

With overwhelming support from Tyler’s friends and her family, Richards began to heal.

Six years later, she wrote “A Far Cry…From Home.” The book includes notes and excerpts from friends and strangers whose lives were touched by Tyler. Tim Lynch, Jr. of Lynch and Sons Funeral Home, who Richards credits with guiding her family through the initial days of loss, wrote the forward for the book. A portion of the proceeds will be donated to the Tyler Richards Memorial Scholarship Fund.

“It’s one more piece of the puzzle in keeping his memory alive,” she said. “It tackles my journey from the moment I left for the weekend, the ride home, going to the hospital and seeing the reality of what had happened to my life,” she said.

“The first part of the book is pretty raw and open about how I tried to heal and live. My sister, Sonja, spent the following three months with me 24/7. She was my guardian angel.”

Richards’ attention quickly turned to Tyler’s younger brother, Austin, who was deeply impacted by his brother’s sudden passing.

“It was incredibly hard on Austin. It has taken him years to finally open up and start talking about things. He’s quite an amazing young man, actually. He has weathered a lot.”

Overcoming tragedy and using her experience to reach out to other mothers who have faced similar loss has become Richards’ goal. “You can survive. You can move forward. It’s the hardest thing I’ve ever had to do in my entire life. It doesn’t hurt any less, but you can move forward.”

Today, Richards lives in West Bloomfield with her husband and works within the Walled Lake School District.

She will never let the memory of Tyler fade, but she refuses to let grief hold her back. “You can choose to make friends with your grief and languish in despair or pick up the pieces and honor them in your living.”

Story: Katey Meisner

Photo: Laurie Tennent

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BEGGARS BUDDY, CAN YOU SPARE A DOLLAR?

BY LISA BRODY AND KEVIN ELLIOTT

W

e're all conditioned to the sight. You walk out of Target, Kroger's, Macy's, or some other store at this time of year and there is someone dressed in a red Santa suit next to a red kettle, ringing a bell for the Salvation Army. You throw in a dollar, maybe five, or even $20, and go on your way. Or maybe you walk past.

Either way, most of us don't give it a second thought, considering it as part of the charitable giving of the season.

Now place yourself walking out of one of those same stores and instead of an iconic Kris Kringle figure with that classic red kettle, imagine a poor, dirty, bedraggled man approaching you and asking you for that same dollar.

Begging for it. Do you feel as charitable, or do you feel like your personal space is being invaded? In both of those instances, your money is presumably helping someone in need. The Salvation Army states they're giving meals to hungry children, warm beds to homeless families and hope to those who need it most. When we give spare change to someone begging on the street, hypothetically is there a difference?

The real question we each have to ask ourselves is if there is a difference between asking for help for someone else, whether it's for a charity like the Salvation Army at holiday times, or to help Cub Scouts when they're stationed outside a store selling popcorn and candy, or Girl Scouts with their ubiquitous cookies, begging for that same money.

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Dan Korobkin, an attorney with the American Civil Liberties Union (ACLU) in Detroit, believes he knows the answer to that. And following a decision by the U.S. District Court for the Western District Court of Michigan in August 2012, affirmed by a three-judge panel on the U.S. Sixth Circuit Court of Appeals in August of this year, the verdict, at least legally, is that individuals peacefully begging is the same as asking for money in other instances.

“Anti-begging laws that punish that most vulnerable segment of our society are not only harsh, they are unconstitutional,” Korobkin said.

“No one should be thrown in jail or subjected to a fine for holding up a sign or simply asking for spare change. Our municipalities cannot and should not use the force of law to silence the voices of innocent people who rely on charity to survive.

“The problem with this law and these ordinances are that they criminalize poverty,” Korobkin continued. “You can stand on a corner and ask for charity. You can sell something to help a sports team, or to go on a field trip. You can even ask someone for a quarter for a parking meter if you're short of change, but the one thing you can't do if you're poor is ask for change for yourself. The court ruled this violated the First Amendment and access to free speech.”

The ACLU brought the case against Grand Rapids for two men, James Speet and Ernest Sims, who were arrested in Grand Rapids in 2011 for begging. Speet, who is homeless, was arrested for holding up signs that said seeking “work or help.” Sims, who receives food stamps and monthly disability insurance, pleaded guilty to panhandling after asking for spare change. At issue was a state law and local ordinances banning panhandling and begging in public places. The ACLU asserted the First Amendment protects begging and panhandling.

The ACLU, in its suit, said that Grand Rapids enforced its panhandling ban 399 times between January 1, 2008 and May 24, 2011. he federal courts agreed with the ACLU, ruling that Michigan's anti-begging law, which had been on the books for more than 80 years, was unconstitutional.

The court determined that begging is an entitled protection under the First Amendment, and a protected speech and expressive conduct in public forums. Based on the court's decision, the Michigan State Police sent out a legal update stating that officers should not take enforcement actions under the state law.

On October 29, 2013, the ACLU of Michigan sent out letters to 84 municipalities across the state notifying them that anti-begging ordinances on their books are unconstitutional, and should be repealed. Birmingham and Royal Oak previously repealed their anti-begging ordinances. In Oakland County, the other communities include Berkley, Bloomfield Hills, Farmington, Farmington Hills, Hazel Park, Madison Heights, Milford, Novi, Orchard Lake Village, South Lyon, Southfield, Walled Lake, West Bloomfield, and Wixom.

The letter sent to Walled Lake City Attorney Vahan Vanerian by the ACLU asks the city to repeal its begging ordinance on the basis that begging is a form of speech protected by the First Amendment, as ruled by the US Court of Appeals in August. The letter goes on to quote Judge Robert Jonker's explanation of his federal court

T

ruling that found Michigan's state-law ban on begging to be unconstitutional and his recommendation for local governments to focus on prohibiting specific conduct, rather than speech: "Nothing prohibits the government from regulating directly the conduct the government identifies as problematic. The government can and does prohibit fraud, assault and trespass. But what the government cannot do without violating the First Amendment is categorically prohibit the speech and expressive elements that may sometimes be associated with the harmful conduct; it must protect the speech and expression, and focus narrowly and directly on the conduct it seeks to prohibit."

Each of the 14 letters sent by the ACLU to municipal attorneys in Oakland County follows the same form, but is individually tailored to include each community's ordinance regarding begging.

The letters close by requesting the recipients must contact the ACLU within 30 days to "let us know whether you intend to repeal the ordinance and take appropriate measures to ensure that it will not be enforced by local law enforcement officers."

The city of Walled Lake's ordinance regarding begging states, "It shall be unlawful for any person within the city to beg in any public place either by words, gestures or by exhibiting of a sign."

Walled Lake City Manager Dennis Whitt said the city's police department has been instructed to cease enforcement of the ordinance, but any decision to repeal the ordinance will be made by the city's governing body.

"They basically want to set our agenda so they get recognition for their work," Whitt said of the ACLU's request. "We recognize the court ruling and there hasn't been any enforcement of our ordinance since the ruling. We recognize locally that it isn't enforceable, but it doesn't require a full-scale action to stop enforcement. That's not high on my priority list. What is high is that we simply don't enforce it."

Walled Lake Police Chief Paul Shakinas said he doesn't recall any instances in recent years where anyone has been cited for begging under the ordinance.

"There was one homeless guy who was highly intoxicated at CVS (pharmacy), and he was warned several times to leave the premises," Shakinas said of an instance where begging was involved . "He was cited for trespassing (rather than begging)."

Reaction to the ACLU's letter was similar in the city of Farmington, where police also have stopped enforcing its ordinance regarding begging, said Bob Schulz, director of public safety.

"We have been made aware of the ruling and have ceased enforcement of the ordinance," Schulz said, who added that panhandling is rarely a problem in the community. "My knowledge of the ruling is still very fresh, so we will be reviewing what our options are with our city attorney."

Bloomfield Hills city manager Jay Cravens said they had received the ACLU letter and sent a copy to their attorney, Bill Hampton, who said he is reviewing it.

“We haven't done anything yet,” Cravens said.

“I suspect we'll oblige and move on. We'll likely

strike it because we don't need to be the poster child for the ACLU. But if someone were to beg in Bloomfield Hills, where would they do it?”

Bloomfield Hills' ordinance reads that “It shall be unlawful for any person to beg in a public person from any passersby, either by words, gestures, or by exhibiting a sign.”

West Bloomfield Police Lt. Tim Diamond said the department won't be enforcing the ordinance in the township, where complaints regarding panhandlers are "quite rare."

"We aren't enforcing that ordinance," Diamond said. "If we get complaints of that nature, we do send an officer to investigate. There are other ordinances or traffic rules that we can enforce if they apply, like if a person is trespassing or a pedestrian is in the roadway and causing a problem. Typically, we advise them as to what they can or can't be doing." est Bloomfield attorney Nancy Green of Secrest Wardle said they are still in the process of reviewing the ACLU's letter and what the ordinance provides for.

“West Bloomfield's ordinance is very simple,” she said, noting it is unlawful for anyone to wander around in the township, or to go from house to house.

Houses would technically be private property, which was not included in the court ruling on whether anti-begging ordinances were constitutional.

“There is nothing wrong with making it illegal to trespass on private property, to assault people, to harass them, or to commit fraud, but those are already against the law. There are rules against people asking for money on private property,” said the ACLU's Korobkin. “What you can't do is make it illegal to peacefully stand on the sidewalk and ask for change.”

Tim Currier, city attorney for Birmingham and whose firm, Beier Howlett, represents several other municipalities, said, “there is a difference between begging on a public sidewalk and inside a private establishment. An individual is free to aggressively beg on the public sidewalk. Our ordinance in Birmingham had said that begging was prohibited in the city of Birmingham, and we had to repeal that as a First Amendment protection. But on private property, it's trespassing, whether it's interfering with customers at a store or in the vestibule of a bank.

They would get a trespassing ticket, though not a begging ticket.”

Reaction to the ACLU letters have caused some police departments to cease enforcement of local begging laws, while others have gone further and have already taken steps to repeal or modify their local ordinance.

Wixom City Manager Tony Nowicki said the city's ordinances were changed more than a month ago in order to comply with the law.

"We changed the part where it prohibited begging," Nowicki said. "Our old ordinance specifically listed that as a violation and we removed that."

Orchard Lake Director of City Services Jerry McCallum said the city is in the process of rescinding language in its ordinances that prohibits begging. The process to amend the ordinance involves approval by the Orchard Lake City Council and is expected to be complete in December.

W

Wishing You

Happy Holidays and a prosperous New Year

Jennifer Wrobleski Oakland County's Lakefront Specialist

Jennifer Wrobleski 248-854-3100 jwrobleski@kw.com

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"The fact that the U.S. Court of Appeals found that (begging) is a form of speech, I think, probably makes it pretty straightforward that we have to rescind our ordinance. City council could talk about other options," McCallum said.

Ben Myers, city manager for Madison Heights, concurred. “It's not really a community problem, but since the ACLU asked us to repeal it, we are sending them a letter telling them we are going to amend the ordinance. Our city attorney, Nick Growchowski of Sherman & Sherman, is working on an ordinance amendment right now,” Myers said. “It's not really been enforced before, but mostly because it's not been a major issue.”

Some municipalities have taken additional steps to alter their ordinances to be in line with the court's ruling, while still maintaining laws that address begging that goes beyond the scope of speech.

The city of Royal Oak in May 2011 addressed the issue of "aggressive begging" in its ordinance regarding loitering. Under the city's ordinance, a person may commit the offense of loitering if he or she remains or wanders about in a public place for the purpose of aggressive begging.

The ordinance defines aggressive begging as: (1) Touching the solicited person without that person's consent; (2) Blocking the path of a person without that person's consent; (3) Following behind, alongside or ahead of a person who walks away from the solicitor after having been solicited; (4) Using abusive language, either during the solicitation or following a refusal to donate, or making any statement, gesture or other communication which would cause a reasonable

person to be fearful or feel compelled to make a donation; (5) Soliciting a patron in a sidewalk cafe without first having obtained the permission of the operator of the cafe. orobkin said the ACLU is not addressing Royal Oak's ban against aggressive begging, at least for the time being. “We may look at what they define as aggressive begging to see if it passes muster,” he said.

“The courts have ruled that conduct that is aggressive can be limited by a law,” said Korobkin. “For example, if someone asks you for some spare change, and if you decline and they keep following you down the street and asking you over and over and over again, harassing you, and if they are using language that would make a reasonable person feel coerced or intimidated, that can be against the law. If they're just using uncomfortable language, or unpleasant, that's not the same thing, and they still have a right to that behavior.”

“When they are getting in your face and are rude, they don't have a right to assault you, touch you, interfere with your progress, or block your way into a store,” Currier pointed out. “But often, it happens so quickly, by the time you call 911 or the police, they're gone and on to the next person.

“But they can say whatever they want,” Currier said. “It's considered a form of protest.

It's the same rules as those for protesting furs. As they say, you don't have to like what they say, but they have the right to say it.”

While even the county's most affluent

K

Design for all

Styles

communities have some population that is struggling with poverty or homelessness, whether begging or panhandling is an issue that is addressed through ordinances and enforcement may depend, at least in part, on the physical characteristics of each individual community.

"We don't have many public places for people to panhandle," said Wolverine Lake Acting Police Chief John Ellsworth, who said the village's ordinances don't address begging. "We don't have any issues with begging. If it were interfering or obstructing something, we have laws for that.

But as far as panhandling, we try to make sure people are taken care of. If it is a legitimate need, we try to address it. There are several resources we can rely on to assist people."

“I think we're going to see more and more instances of people coming into communities and begging now that it's allowed,” Currier said.

“They can stay in Detroit and not get as much money or risk getting rolled, or come out to Birmingham or these other communities and see about getting more money. It's a sad story, because those who are approached are uncomfortable. Yet it's an element of society who may need the help.”

“Even if people are uncomfortable, they still have the right to that behavior,” Korobkin pointed out.

“Just because someone is racially different, maybe mentally unstable, and making us very uncomfortable, think about it, they're no different than a guy wearing a costume ringing a bell for the Salvation Army,” Currier said.

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25

FACES

Dan Krause

B

efore discovering his calling, Pastor Dan Krause endured physical and sexual abuse that led him to drugs and alcohol before later leading him on the path to God. “After the age of eight, things started to get messy,” he said. “I had a family member who was abusive and I was oftentimes not real happy. I was worried about getting beat up or sexually abused.”

As a means to cope with the pain, Krause turned to substance abuse.

“My experience caused me not to enjoy sobriety, frankly. I did some drinking and drugs and I started treating other people poorly. You probably wouldn’t have guessed the pain I was going through. I was a class clown.”

Krause, a Walled Lake Central High School alumnus, was on the football and wrestling teams. It was there he found solace through the encouragement of then-assistant principal Curtis Day and wrestling coach, Carl McBride.

“Those are two people I flash back to for inspiration,” he said. “I knew Mr. Day quite well. He would give me a punishment and as I walked out he’d say, ‘Danny, I know one day I’m going to watch you on TV playing football on Sunday.’

“Coach McBride would grab my face and say, ‘You’re going to be an AllAmerican one day, Danny. You’re going to be an All-American.’ They gave me motivation.”

Krause’s future wife, Kelli, became pregnant with his first child when he was just 18-years-old. He was given a job opportunity at General Motors and purchased a home at 20. Yet, despite some financial success, he yearned for spiritual fulfillment.

Finding a new path, “A church in Anchorage offered me a job as a children’s pastor,” he said.

Krause relocated his family to Alaska and just a couple years later, he became the pastor of Chugach Covenant Church.

“We’re right at the base of the Chugach Mountain range,” he said. “The best part is seeing the transformation and being able to see people who were walking in darkness begin to walk in light.”

As a victim of sexual abuse, Krause travels throughout Alaska speaking to other victims.

“There are villages in Alaska where the rate of sexual abuse is nearly 100 percent. Sex trafficking is also a big problem.”

Still a boisterous, fun-loving guy, Krause is the host for Alaska’s professional hockey team, the Alaska Aces.

“I go on the ice during intermission and do some entertaining,” he said.

“It’s an opportunity for me to interact with the community in a nonthreatening way. If people meet you initially as pastor, they tend to hold back a little bit.”

Immersed in the majestic scenery of Alaska, Krause is an avid sportsman. He and Kelli have been married for 16 years and have four children. Through forgiveness towards his abuser, he has been able to create an existence of faith, hope and love.

“The beauty of the Gospel is redemption. I don’t have to carry around this baggage. What has happened to me has helped me to help other people.”

Story: Katey Meisner

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EQUAL HOUSING

OPPORTUNITY

WATER SEWER

REGIONAL CONTROL IN THE OFFING?

F

BY KEVIN ELLIOTT

rom Water Works Park on E. Jefferson and Cadillac Blvd. in Detroit to each of the 127 suburban communities hooked into the city's 6,871-mile network of water and sewer lines, the Detroit Water and Sewerage Department (DWSD) is the literal connection that links Oakland County residents to the city of Detroit.

DWSD is a sprawling network which encompasses the city of Detroit and most of suburban Detroit. It is also one of the oldest public utilities in the country, begun in 1852 by Detroit's city council which formed a board of trustees to operate the water system and provide hands-on management. One year later, in 1853, the Michigan legislature transformed the board of trustees into the Board of Water Commissioners (BOWC). Once known as the Detroit Water Supply, it became the Detroit Water and Sewerage Department in 1973 with the adoption of a new Detroit city charter.

Political leaders in the suburban counties surrounding the city have tried for decades to insulate their communities from Detroit's economic problems, particularly today as Detroit attempts to get out from under an estimated $18 billion in debt, which includes about $5.7 billion in water and sewer bonds owed by DWSD. However, it may be through the DWSD's physical connections and associated utility bills that residents in Oakland County will actually help Detroit get itself above water.

The DWSD's reach jettisons out to include a 1,079-square-mile area from where it provides water services, as well as 946 square miles to which it provides wastewater service. All told, the system serves roughly 40 percent of the state's total population, including about 700,000 customers in the city of Detroit and more than 3.3 million customers in Wayne, Oakland, Macomb, St. Clair, Lapeer, Genessee, Washtenaw, and Monroe counties. Drawing water from both the Detroit River and Lake Huron, the system pumps about 616 million gallons of drinking water and treats about 710 million gallons of wastewater each day.

Because the majority of the DWSD's customers reside outside the city of Detroit, for decades officials in the surrounding suburban communities have pushed to have more control over the operations inside the DWSD. Currently, DWSD is considered a city department, but it operates its own budget outside the city with operations overseen by a seven-member board of water commissioners. That board includes four members representing the city of Detroit, and one commissioner each from Wayne, Oakland and Macomb counties, who are all nominated by their individual counties and appointed by the mayor of Detroit.

"We have no claim (to ownership) from a legal perspective, but as a practical matter, any of the expansions on the treatment plant in order to provide flow and other improvements have been paid for by the suburbs by the fees that have been charged to the suburbs," said Oakland County Deputy Executive Robert Daddow. "This is a monopoly. There's no reasonable way to move off of a monopoly of this nature. Because permits are held through DWSD, securing them to build your own system isn't in existence and probably isn't going to happen."

The system has about 1.22 million suburban wholesale customers in Oakland County, with another 1.2 million in Wayne and 850,000 in Macomb, in addition to 600,000 retail customers. Wholesale customers refers to municipalities that the DWSD charges for water and/or sewer services, which in turn charge residents and businesses a retail price based on the municipality's cost of delivering those services.

The DWSD's 2013-2014 budget estimates the system will generate $877 million in revenues. Operations and maintenance costs are expected to use up 40 percent of the DWSD's revenues in 2013-2014, with the debt expense to use it at about 45 percent. Roughly 80 percent of the DWSD's total revenue is generated by suburban customers. fforts to establish a regional water authority by local communities, counties and state legislators in the past three decades have been resisted by Detroit city leaders and the federal court system, which until this year maintained oversight of the DWSD since 1978, due to the department's failure to meet federal clean water requirements regarding sewage and storm water discharges that occur when the system becomes overloaded. However, Detroit's impending bankruptcy and the appointment of attorney Kevyn Orr as the city's emergency financial manager by Michigan Governor Rick Snyder has spurred new efforts by state lawmakers and the city's administration to establish a regional water authority.

In 2012, a Root Cause committee was established to look into ways the DWSD could better fund its longterm debt and pay for an estimated $1.5 billion in capital improvements to the system over the next five years. While previous plans for a regionalized system failed to gain any semblance of acceptance by existing and former city officials, the threat of losing ownership of the DWSD system has generated support from the emergency manager, the director of DWSD and others.

The committee's report recommended establishing an autonomous authority created to oversee DWSD's operations, including permitting the authority to set water and sewer rates, issue bonds and finance debt, and collect revenue from customers. In turn, the authority would be required to make recurring payments to the city for the use and operation of the city's water and sewer assets.

"The emergency manager is currently evaluating the recommendations in the Root Cause committee's report and other operational and financial issues involving the DWSD," Orr stated May in his financial and operating plan. "Substantial analysis is required not only of the proposed transaction recommended by the Root Cause committee report, but of the prior orders entered by the district court in the EPA litigation, the current and future intersection of the DWSD and its current and former personnel with those of the city and related treatment of legacy and other related debt obligations related thereto. Further, a plan to address the deferred capital projects must be developed. The emergency

E

manager will continue to evaluate all options for the DWSD for inclusion in his comprehensive restructuring plan."

The committee's report is one of at least four plans this year that have been proposed to establish a regional system. In October of this year, Orr proposed his plan to officials in Oakland, Wayne and Macomb counties. Three proposals to create a regional water authority in southeast Michigan were introduced in the Michigan state legislature this year by Rep. Kurt Heise (R-Northville). Additionally, leasing or selling the DWSD system to private investors has been listed as one of the many possibilities by Orr and city financial advisors.

While the DWSD owns one of the largest water systems in the nation, by law, the department can only make enough money to cover the costs for its services, meaning it isn't permitted to make a profit. However, plans from the city of Detroit to lease the system to a regional authority would allow the city to establish a revenue stream for Detroit via payments from the authority. Whether those plans would require the city or regional authority to provide the funding for some $1.5 billion of system improvements over the next five years isn't clear and is likely part of negotiations.

Under the regionalization plan presented by the Root Cause committee, the city of Detroit would retain ownership of the DWSD system, but would lease it to a regional water board, which would in turn make payments to the city of Detroit. The report estimated those payments could be about $50 million per year.

Kenneth Buckfire of the New York investment banking firm Miller Buckfire & Co., who was retained

by Detroit as a financial consultant, said in a September 20 court deposition that the city is working with the Birmingham restructuring firm Conway MacKenzie to provide an economic analysis of DWSD. "They are doing a business plan for the water and sewer department that will allow for us for the first time to accurately project cash flows and determine what valuation might be attached to those cash flows," Buckfire said.

Buckfire said in his deposition that he is responsible for discussing with the counties the potential creation of a regional water authority which might acquire control of the assets currently owned by the city of Detroit. If that were to develop, he said, it would create value for the city. Discussions, he said, started in June.

"We are reviewing the possibility of privatization as an alternative to transferring control to an authority," Buckfire said in the deposition. "We haven't done anything about it yet. We are waiting for the economic analysis from Conway MacKenzie in order to go to the next phase of our review."

Buckfire suggested water and sewer rates would have to be raised in the future to pay for capital improvements to the system, which he said would total about $1.3 billion, which would include improvements that were deferred in previous years due to lack of funds. Buckfire made it clear the only way to pay for those capital improvements would be to raise rates.

"Either you have to raise rates to pay for the debt that you borrowed to build the project, or you have to raise rates to generate cash flow to invest in the project," Buckfire said. "Either way, you have to raise rates."

A proposal based on the Buckfire/Conway reports was presented to Oakland County in October. A proposal based on the Root Cause committee's report was presented on March 27 of this year to U.S. District Judge Sean F. Cox, who released the DWSD from 35 years of federal oversight. Cox didn't make a ruling on the committee's proposal.

"The Root Cause was a waste of time," Oakland County's Daddow asserted. "It's fundamentally screwed.

We were told on a Wednesday that on Friday we were going to be offered to pay $50 million a year on a system that we have no involvement in."

The counties didn't have adequate time to consider the Root Cause committee's proposal before Cox made his ruling. The most recent proposal, Daddow said, is still under negotiations.

"As proposed, there is nothing beneficial in it to the counties. It's DOA as proposed," Daddow said. "We are

working to develop a counter to what is on the table.�

Bill Nowling, spokesman for Detroit Emergency Manager Kevyn Orr, declined to comment on the proposal while the parties are conducting negotiations.

Nowling wouldn't confirm or deny media reports that the offer included a total of $9 billion in payments to the city from the suburbs.

There would need to be a discussion of willingness of the suburbs to undertake those payments as well as an answer to the important question hanging in the air of who would govern a potential regional water authority.

Daddow said any agreement or hope of establishing a regional water authority would likely need to be done before financial oversight is restored to the city's governing body.

"The only way to really deal with the issue is the current time," Daddow said. "If the emergency manager leaves and they are out of bankruptcy, I don't see any hope in doing anything they haven't done in the past 50 years. We either deal with the problem now, in bankruptcy, or we don't."

Oakland County Water Resources Commissioner Jim Nash said the figure included in the offer from Detroit wasn't acceptable.

"They made a proposal and we are going to make a counter proposal," said Nash, who indicated the county is working with advisors and certified public accountants UHY to assist in making a proposal. "That was a very, very high number. It's something we are working on with the city. A regional system is the only sustainable way to go, but it has to be fair to everyone.

The governance of any system will be the big question.

The numbers they put out are pretty unacceptable. It's pretty unacceptable to the counties and something we will have to work through."

Nash said the county desires a governance board that accurately reflects all customers of the system. He said any agreement likely to be acceptable to the suburban counties would have to make sure that payments to the city would be used to address the large backlog of repairs needed.

State Rep. Kurt Heise (R-Northville) has introduced three bills in the legislature that aim to establish a regional water system, as well as provide a new means for rate-setting oversight. Two of the bills (HB 4009 and HB 4790) would provide a means for the the DWSD to transfer its assets to a regional authority or association, which could then operate and maintain control of the system. Each of the bills would provide that the authority or alliance provide funding to the city for lease or purchase of the system. he key difference between the two bills, dubbed the "Regional Water Authority Act" and "Regional Water Alliance Act," is the structure of the regional governing board. An "authority," under the proposed bill, would consist of representatives from each municipality receiving water or sewer services from the authority. The board would be required to establish an executive board that would then oversee day-to-day operations of the system. Under the "alliance" act, the regional board would consist of fewer members, similar to the current Board of Water Commissioners, with appointments made by the governor.

The third bill (HB 4791) would require the service rates charged by the regional system to be established by the Michigan Public Service Commission, which sets rates for all private utilities in the state.

Heise said the water alliance bill is his "Plan B" bill, which is based on the governance structure being proposed by the city's emergency manager. He said tying rates to the Michigan Public Service Commission could be used in any scenario, including privatization.

"Everyone has talked about it, but with the bankruptcy and need for money, there's clearly a plan

by Orr to spin it off into a privately run authority or regional governmental authority,� Heise said.

"Detroit certainly has valid ownership interest in the facilities. They have paid into the system over decades. I don't want to get into any arguments over ownership. But it's a regional system that others have

T

invested into. It really comes down to the customers. It's about making sure the customer, and rate payer, gets value for the system."

State Rep. Klint Kesto, (R-Commerce Township, West Bloomfield) said the legislation gives the parties an alternative to some of the negotiations currently being discussed.

Heise said the the proposal brought forward by Orr doesn't provide a fair representation to all of the stakeholders in the system.

"Various plans have been put forward over many years," Heise said, former director of environment for Wayne County. "While with Wayne County, I worked on a plan with the state and people from other counties, and we had a plan that was very close to fruition, but (Kwame) Kilpatrick got in trouble and the plan never went forward."

Former Detroit Mayor Kwame Kilpatrick was sentenced in October to 28 years in federal prison after being convicted of 24 felony counts, including mail fraud, wire fraud and racketeering. Former DWSD Director Victor Mercado pleaded guilty to one count of conspiracy which was related to the Kilpatrick conviction. According to the Federal Bureau of Investigations, while serving as director of the DWSD from 2002 to 2008, Mercado was responsible for administering over $2 billion in contracts with private companies and reported directly to Kilpatrick.

Kilpatrick served as special administrator over the DWSD. That designation arose from a federal consent decree resolving federal environmental violations, which also gave Kilpatrick authority to award DWSD contracts directly with outside parties, bypassing city procurement procedures. It also gave Kilpatrick responsibility over the operations of the DWSD's wastewater treatment plant to ensure compliance with federal standards.

Mercado stated in his plea that Kilpatrick used his position to filter contracts to Bobby Ferguson, or have the contracts delayed, awarded to competitors or cancelled, resulting in economic harm.

Daddow said the corruption at the DWSD is just one of the reasons that a regional water board should be established.

"The incredible operating loss they have run up, the mismanagement and corruption, all underneath the federal government's nose," Daddow said. "I think if it were run in a transparent way, through a regional authority, those things wouldn't have happened. Oakland County has to look out for its citizens and taxpayers, or in this case, rate payers, for water and sewer services. If Detroit has a demonstrated track record that they can't or haven't done it, perhaps a regional authority might provide the means to do so."

At the local level, some communities have already taken steps to help lower or control water or sewer rates. lans to build a two-million gallon water storage facility in Commerce Township are being proposed as a way to reduce the township's water rates.

Commerce Township Supervisor Tom Zoner said the township pays one of the highest water rates among the some 81 suburban communities that receives water from the DWSD. The rates are set by a combination of factors, including the distance the water travels to its customers, the amount of water used, and the amount of water used at "peak" times, or times when water is most in demand. In building a water storage facility, Zoner said the township hopes to offset peak usage from the DWSD by allowing water to be drawn from the storage facility at peak times, thus lowering the township's overall rate.

Bloomfield Township Supervisor Leo Savoie said the township has become a member of the Southeastern Oakland County Water Authority (SOCWA), which includes a number of Oakland County communities and allows members to negotiate a lower rate for services with DWSD. "As a customer, we are able to save about 20 percent off of the Detroit rate," he said. "We became a member about three or four years ago. I believe we have saved about $2 million in costs by becoming a member. It's a huge, huge savings."

Savoie said he isn't sure yet how a regional water authority, such as those being negotiated and proposed in the legislature, would impact customers in Bloomfield Township.

"You heard the $9 billion number thrown out there, but the way I read it, that was over 40 years, with interest thrown in. I'm not sure if that's accurate. Then there's the $6 billion in debt. That's a huge number to satisfy, and I think that's reflected in the water rates and what they would end up charging.

“I'm not sure what the right answer is," he said. "Hopefully, they can get it running properly and efficiently, so everyone isn't pointing fingers back at them."

Birmingham City Manager Bob Bruner said establishing a regional authority to oversee the water and sewer system could eventually provide some efficiencies to suburban communities, as well as to the overall water and sewer system.

“I don't think rates are going to change much if we maintain the status quo or under a new structure, in terms of year-to-year and people feeling a change in their pocket,” Bruner said. “I think it's a longer term issue that will put the system in better shape in the long run. If we have an authority or a new governance structure, that will be more fair for all the communities involved. I think it will have a positive effect in the long run because it will be easier for suburban communities to invest in the system."

Bruner said that separating the DWSD from the city of Detroit could allow a new regional authority to refinance its bond debt by receiving a better rating, therefore saving money to customers across the system by lowering interest on long-term debt, and therefore water and sewer rates.

"The thing that people need to understand about their bills is that a small portion goes to Detroit, but the majority is spent here in Birmingham (or other communities)”, he pointed out. “Some may trickle down to the other communities, but that's a small portion of your (individual) bill."

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MUNICIPAL Commerce approves budget, millage rates

By Kevin Elliott

The Commerce Township Board of Trustees on Tuesday, November 12, approved the budget for 2014, including the budget for the Commerce Downtown Development Authority (DDA).

All of the township's millage rates will remain the same for 2014 as they were for 2013. Still, the township expects some increase in tax revenues in 2014 from the current year as an increase in property values is anticipated.

The board set the 2014 special assessment for police services at 2.11 mills for 2014. Voters in 2010 approved a special assessment for police services, with a maximum tax levy of 2.7 mills. One mill is equal to $1 per $1,000 of the taxable value of a home per year, with the taxable value of a home typically equal to about half the market value of a home.

The 2014 special assessment millage rate for fire protection services was set at 1.8045 mills. Voters in 2010 approved a special assessment for fire protection services with a maximum millage rate of 2.7 mills The township's personal property tax levy would be set at 1.41 mills, generating about $2.4 million to the township's general fund. The proposed library millage would be set at .3 mills, generating about $507,153 for library purposes, while an additional library millage for services would be set at .6895 mills.

The township's 2014 budget also includes approval of the DDA's 2014 fiscal year budget, which includes over $3 million in advances from the township.

Th board of trustees approved the DDA's budget by a vote of 4 to 3, with trustees Rob Long, Rick Sovel and Bob Berkheiser voting no.

"I'm not happy with the way the whole DDA issue has gone down, but the reality is that we backed the DDA, and we are on the hook for it," said trustee David Law, who voted to approve the DDA's budget.

Sovel said he voted against approving the DDA's budget because he felt it was higher than needed.

"I still think that with the amount of money we are giving them, there still needs to be more cutting," Sovel said.

Berkheiser said he also voted 32

Wolverine retains lake consultant

By Kevin Elliott

T

he Wolverine Lake Village Council on Wednesday, November 13, unanimously approved retaining Progressive A&E for the next year to provide lake consulting services, as the council anticipates an increased number of lake-related projects in 2014.

The village council approved the $10,000 contract for lake services for the upcoming year. The amount is about $1,000 more than the 2013 contract with the consultant.

Council member John Scott said he believes Progressive has done a good job, but questioned the reason for the increased cost of the contract. "That seems to be about a 12 percent increase, is there any reason for that?" he asked.

Village administrator Sharon Miller said she spoke with Tony Groves at Progressive about the increase, which she said he based on additional work the consultants did this year that wasn't included in the 2013 contract, and for which Progressive didn't charge the village for completing.

"I know he does a good job in overseeing what we are doing with the (aquatic weed control) applicator," said Scott, who also serves on the village's water board. "One of the things we were impressed with on the water board is that they felt that any costs we would face (next year) would be more or less offset by some savings that we made. This council has to be aware that there could be additional requests for applications."

The council in October trimmed about $2,500 from the water board's expenses when members agreed to forego any annual fish stockings this year, and instead wait until spring 2014 to consider stocking additional fish in Wolverine Lake. That decision came after discussions about whether to stock catfish in the lake. To date, Wolverine Lake hasn't had any catfish population.

Scott said the water board originally suggested stocking catfish as a way to increase the size of bluegill in the lake.

"I think everyone thinks they did a good job for us on the lake this year," village council president John Magee said. "I think we are going to be more aggressive on starry stonewort next year, and I think that is going to have some budget implications."

against the DDA budget because members of that board have refused to accommodate his request to hold one evening meeting each quarter throughout the year. Currently, the DDA holds meetings once a month at noon.

"I won't vote yes on the DDA budget until they have evening meetings," Berkheiser stated.

Trustees removed two items from the township's 2014 budget to have separate votes on whether to approve increasing the number and classification of staff at the library and sheriff's substation.

Berkheiser recommended altering a request from Oakland County Sheriff's Lt. Dennis Servis to hire two additional staff members, including a patrol sergeant and directed patrol deputy, to instead include two patrol deputies. Berkheiser earlier this year proposed having two deputies assigned to the Walled Lake School

District if the district would agree to sharing the cost of the hiring the deputies. The school district said it is considering the proposal, but won't likely make a decision until its own budget is decided later this year.

The board approved Berkheiser's recommendation to approve the two patrol deputy positions. The board also removed the library director's request to add one specialist position, indicating that a position could be added after the library's five-year plan is complete later this year.

The library is currently working on a plan that addresses the needs and direction the library will have over the next five years. Board members agreed to wait until after the plan is completed before approving specific staff additions at the library.

"I think they are saying, let's follow the library's plan," said township supervisor Tom Zoner.

"If the recommendations are in the

WESTEND

master plan, then we can revisit (adding the position),� Law said.

Haggerty construction to begin in June ‘14 A $2.7-million road reconstruction project along Haggerty Road between Pontiac Trail and Richardson Road in Commerce Township and West Bloomfield is scheduled to begin in June 2014, according to the Road Commission for Oakland County (RCOC).

The project is expected to cause Haggerty Road to be closed to through traffic from Westwind Lake Avenue, just north of Pontiac Trail, to Richardson through at least October 2014 while crews reconstruct about a mile of roadway. While access to homes and businesses will be maintained, through traffic will diverted to Martin Parkway.

The current two-lane portion of Haggerty will be reconstructed to include a center, left-turn lane throughout the length of the project, and new asphalt surface with curbs and gutters. A hill will be reduced to improve sight distance. Drainage will be enhanced through the construction of enclosed storm sewers and retention and detention basins.

In addition to improvements along Haggerty, the intersection of Haggerty and Oakley Park Road will be improved, including upgrading the traffic signal at the intersection.

Eighty percent of the project's cost is being paid for with federal transportation funds. The remaining cost will be shared among the RCOC, Commerce Township, West Bloomfield Township and Oakland County through the Tri-Party Program.

Walled Lake approves DWSD contract The Walled Lake City Council on Tuesday, November 19, approved a fiveyear contract with the Detroit Water and Sewerage Department (DWSD) to provide water services to the city.

The contract, which is renegotiated every five years, includes a slight increase in the city's maximum hour value of use. The increase, which equates to an increase of about 55 cents per cubic foot of water, was made to avoid penalties for exceeding 12.13

assigned water flow rates to the city.

One cubic foot of water is equal to about 7.48 gallons of water.

Walled Lake Public Works Services Coordinator Lisa McGill said the only change in the contract from the one that was signed in 2009 was an increase in the maximum hourly rate as the city had reached the maximum in the past and didn't want to be penalized in the future.

"As far as money, that's about a 55 cent change per unit bill by the DWSD," she said. "It's a minor monetary change."

Hearing to be held on parks master plan

By Kevin Elliott

A plan on how to manage more than 1,100 acres of parkland in Commerce Township over the next five years will be the subject of a public hearing at a special meeting of the parks and recreation committee scheduled for Monday, December 9.

Members of the public are invited to comment on a proposed parks and recreation five-year master plan, which, if adopted, would serve as a guide for the township's parks and recreation committee and staff, which is responsible for the oversight of 1,130.61 acres of parkland. The plan will set the goals and priorities for the committee from 2014 through 2018.

The committee, which is overseen by the township board of trustees, receives funding primarily through the township's general fund and the parks improvement and creation and acquisition of open space millage, which was approved by Commerce Township voters in November 2004.

Parks and recreation operations are also funded by donations and grants.

Revenues for parks and recreation provisions totaled $627,958 in 2012; $813,882 in 2011; and $721,311 in 2010.

Expenditures totaled $384,659 in 2010; $2.3 million in 2011; and $2 million in 2012. Expenditures were considerably higher in 2011 and 2012 due to the purchase of formerly state-owned property along Wise Road (518 acres), additional bike paths along S. Commerce Road, and capital purchases, including play structures at Bicentennial Park and Maple Glen Park.

The proposed parks and recreation master plan includes more than $2.5 million in parks and recreation improvements over the next five years, with additional log-term projects.

Among the capital improvements in the plan are a warming hut and lighting at Snowy Ridge Park; the development of a township-wide, non-motorized master plan and implementing the CommerceWalled Lake-Wixom Trail using the former rail corridor within the next two years; conducting a parks and recreational organizational structure feasibility study; and implementing plans for a soccer complex.

Additional projects in the plan include: Spending between $800,000 and $1.1 million to be used to implement improvements at at Hickory Glen Park, including ingress/egress and circulation issues.

Implementation of a two-phase plan at Maple Glen Park to address ingress/egress; parking, trails, signage and a softball field totaling between $1.1 million and $1.8 million.

The development of a master plan for Bicentennial Park to incorporate the reuse of the tennis area, soccer improvements, lighting upgrades, connectivity to the surrounding neighborhood and general updates totaling between $5,000 and $10,000.

Upgrades at Ralph C. Richardson

Park/Center, including between $50,000 and $100,000 to provide overflow parking with grass pavers, and fitness trails with stations; between $40,000 and $100,000 for pickleball courts; and between $2,000 and $5,000 for a drinking fountain.

Between $8,000 and $10,000 for revamping viewing docks at Robert H. Long Nature Park, as well as spending between $5,000 and $10,000 to update the park's concept master plan, and an unknown amount to provide a connection to the M-5 Trail.

Spending between $10,000 and $15,000 to develop a concept master plan for the Wise Road Property/Park.

The hearing is set for 6 p.m. at the Commerce Township Board Room, 2009 Township Drive.

Ordinance addresses outdoor storage The first reading of a measure to control the outdoor storage of motor vehicles and the need to tidy up appearances in Commerce Township was approved on Tuesday, November 12, by the township's board of trustees.

City welcomes new mayor, staff

A

new Walled Lake mayor was sworn into office during the city council's Tuesday, November 19, meeting, at which three incumbent council members, three police officer reserves, a full-time firefighter, and a new deputy finance director also took their oaths of office.

Former city council member and mayor pro tem Linda Ackley was sworn into office as the new mayor of Walled Lake. Ackley, who ran unopposed in November's general election, replaces longtime mayor William Roberts, who chose not to run for re-election this year. Ackley has served on the Walled Lake City Council since 1979.

Ackley's move up to mayor leaves one open seat on the city council, which will be filled through an appointment by city council members.

Her former city council term expires in two years.

City council members Robert Robertson, Dennis Yezbick and John Owsinek also were sworn into office at the beginning of the November 19 meeting. All three members ran unopposed in the general election.

Council members serve for four-year terms. Robertson, who received the most council member votes in the November election, will serve as mayor pro tem for the next two years.

Council members are paid $35 per meeting; the mayor is paid $50 per meeting. There are two scheduled meetings per month, although not all are held.

In addition to elected officials, other city staff were sworn into office during the meeting.

Paul Caradonna, Michael Kozemchak and Carl Tianen were sworn in as reserve police officers. Firefighter Brian McFarland, who completed his one-year probationary period, was presented with his badge and helmet and sworn in as a firefighter with the city's fire department.

Also sworn into her new position as the city's deputy finance director was Mary Jaganjac. She will replace the former special assistant to the city manager who left for a position in Rochester Hills.

Citing a lack of clarity in the township's current zoning ordinance, Commerce Township Planning Consultant Kathleen Jackson said the text amendment would better define "motor vehicle" and "store," as the township attorney recommended tightening up the definitions and terms used to regulate their storage. Under the proposed amendment, a "motor vehicle" would be defined as "every vehicle that can propel itself on land using any type of motor.� Aircraft, watercraft and travel trailers aren't included in the definition.

"We want to make sure we get the blue tarps off Haggerty and Oakley Park roads," Jackson said about the ordinance amendment intended to provide the township with better leverage to regulate the storage of automobiles and other motor vehicles.

"It's in your face and it's an eyesore in the township."

While outdoor storage rules for boats are already in the existing ordinance, the definition of "storage" in the proposed amendment would ensure that people couldn't simply reposition their stored watercraft to a different place on their property in attempts to skirt the intent of the ordinance.

Jackson said the amendment would essentially make it possible for the township to better enforce regulations that already exist. “We had an issue last summer with the outdoor storage of boats, and the language was vague enough that it made enforcement hard to conduct," she said. "This will take care of that."

"Store" is defined in the ordinance as: "1. To put away, place or retain anything for more than 24 hours for use or transport at anytime in the future. 2. A retail establishment where merchandise is sold."

Township enforcement officer Jay James said enforcing some of the township's storage regulations under the existing ordinance was often difficult, as the loose language amounted to "playing games" with people trying to get around the intent of the ordinance.

Commerce Township Trustee Rob Long questioned whether the ordinance would change the dates and timelines of storage in residential areas. Jackson said the amendment wouldn't change the amount of time or location that residents can store something on their property.

Trustees approved the introduction of the ordinance by a vote of 6-1, with trustee Bob Berkheiser voting against.

Christmas Services

DDA to study Commerce traffic

By Kevin Elliott

Sunday, December 15 - 6:00 p.m.

Christmas Concert Presentation Tuesday, December 24 - 7:00 p.m.

Christmas Eve Candlelight Service Sunday Services 9:15 a.m. - Bible Study for all ages 10:30 a.m. - Morning Worship 6:00 p.m. - Evening Worship and Youth Group

Wednesday Services:

Union Lake Baptist Church 8390 Commerce Road, Commerce, MI 48382

www.unionlakebaptist.org • 248-363-9600

6:45 p.m. - Awana and Adult Bible Study

Commerce United Methodist Church

Children's Christmas Musical Theatre Program Sunday, Dec. 15 at 6:00 pm Christmas Eve Service, Dec. 24 7:00 pm Contemporary Candlelight 10:00 pm Worship Service Traditional Candlelight Worship Service with Communion (Cry room available)

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

34

Call for information 248.363.3935 www.commerceumc.org commerceumc@sbcglobal.net facebook.com/commerceumc

The Commerce Township Downtown Development Authority (DDA) on Tuesday, November 19, approved spending up to $20,000 for a comprehensive traffic study to better understand current and potential traffic patterns at future development sites in the township.

"We need to have a comprehensive study done to address what developers are proposing and how it will impact the area as a whole, including the DDA, but neighboring communities as well," said Commerce Township DDA Director Kathleen Jackson, noting that previous traffic studies conducted in the area are outdated and no longer relevant to current traffic counts and development plans.

The DDA agreed to hire Fleis & Vandenbrink Engineering of Farmington Hills to conduct the study, which will include the development of a computerized traffic model to illustrate future traffic flows and patterns. The model can then be used to present the DDA's vision to potential developers, as well as the Road Commission for Oakland County (RCOC).

"There are developers waiting to hear what we will require, and the road commission is waiting to know our vision," Jackson said. "The road commission's vision is a 55-mph road, because it's a public road that is connected to arterials."

Previous traffic studies along Martin Parkway estimated roughly 45,000 vehicles would travel in the area each day. However, traffic counts conducted just months after roundabouts were constructed along the road indicated about 68,000 vehicles were using the roadway.

Without an updated study, speed limits on future roads in the area would be determined by the RCOC by using the state's guidelines. That process includes using an unposted speed limit, which is 55 mph by default, for a certain amount of time until a speed study is conducted to determine the appropriate speed limit, according to the RCOC. "We have always worked well with the RCOC, but they don't have the manpower to conduct this type of study," Jackson said. "If the road commission says its 55 mph for a year, WESTEND

there's not much you can do, other than lay down in the road and make a speed bump out of yourself."

Michael Labadie of Fleis & Vandenbrink said a computerized traffic model will be able to project accurate traffic counts, patterns and potential problems under multiple scenarios by plugging in different variables, such as specific commercial or residential developments.

"Developers have ideas on what works and what doesn't, in terms of marketing, but not always an idea on how traffic works," Labadie said. "In this case, you have a planned area and you need to figure out how to control how traffic comes in and what the impacts will be."

Labadie said the study will look at traffic inside and outside of the DDA area in order to determine what effects future development will have on a larger scale. That information is then entered into a computerized model to forecast traffic trips and predict traffic patterns. The model can be modified to account for specific land uses and other changes.

"If say a retail development is planned, and then apartments are built, or vice versa, it's easy to switch those and see what the impact is. It will allow you to see the reality of what the design ought to be," Labadie said. "It also helps with phasing, so if someone is building 50 acres, you can figure out what he needs in place to make the plan work and so on with other locations and different phases.

You'll also have a nice computer model for evaluations and for meetings."

Labadie said the study should take about five or six weeks to complete, however, it will likely be delayed by the holiday season. "You shouldn't collect traffic data during those weeks," he said. "You can't collect data and have a valid model during those weeks."

Board to decide fate of water storage Plans to build a 2 million gallon water storage facility behind the Commerce Township Fire Station No. 1 on E. Commerce Road near DMC Huron Valley- Sinai Hospital and across from the Long Family Farm, will go before the Commerce Township Board of Trustees at its Dec. 10 meeting.

Jason Mayer, the township's engineering consultant with Giffels 12.13

Webster, said the purpose of the facility is to lower water rates charged by the Detroit Water and Sewerage Department. If approved, customers would likely see a 20 percent savings to their water rates by 2017, Mayer said at a public hearing on Tuesday, Nov. 26.

About a dozen people attended the meeting, where Mayer presented site plans for the facility and answered questions about its operation, cost and purpose. Comments and questions presented at the meeting were recorded and will be presented to the board of trustees at its Dec. 10 meeting.

Commerce Township Supervisor Tom Zoner said earlier in November that the township pays one of the highest water rates among the 81 suburban communities that receives water from the DWSD. Water rates are set by a combination of factors, including the distance the water travels to its customers, the amount of water used, and the amount of water used at peak times, or times when water is most in demand. In building a water storage facility, the township could offset peak usage from the DWSD by allowing water to be drawn from the storage facility at peak times – typically in the morning and evening hours when people are getting ready for work and after returning home – thus lowering the township's overall rate.

The cost to build the facility would be about $5 million, which includes constructing a brick exterior with artificial windows on the outside of the storage facility to make it more appealing to passersby and residents in the area. Money to build the facility would come from the township's water fund, which is funded by water customers through their bills.

Mayer said the proposed site was chosen because it has one of the highest elevations in the township, and the land is already owned by the township, which together reduce the cost of construction and operation.

The storage facility would be about 120 feet in diameter and 30 feet tall.

From the outside, it would look like a large, round building. Landscaping features such as trees, grass and bushes would be used to obscure the building.

If approved, construction would start in 2014 and be complete in 2016. The facility would be required to operate for a year before new rates westendmonthly.com

Meeting to focus on new position

By Kevin Elliott

T

he Commerce Township Board of Trustees are scheduled to hold a special meeting on Monday, December 2, before the planning department meeting to discuss applicants for the recently created Commerce Community Development Director position.

Plans to create a new community development department by merging the township's planning department with the building, water and sewer department have been ongoing for several months. The board of trustees in October approved a description for the director's job that will oversee the department when preparations are finalized.

Commerce Township Supervisor Tom Zoner said eight people have applied for the position, including six who reside in Commerce Township and two other west Oakland residents.

"The board will look over the applications and decide how they will set up the interview process," he said, indicating that trustees will decide at the special meeting whether they want to interview all the applicants or trim down the number who will make it to the interview round of selection.

Final approval for hiring the position rests with the board of trustees.

Zoner said in August that combining the two departments into one community development department could provide some efficiencies to the township by cross-training staff to perform functions currently handled by the two departments. The merger, he said, would require an additional management position, as well as approval by the union representing current employees so that job descriptions could be modified.

The new director's position will oversee activities in the new department, including coordinating activities for building department inspectors, planning consultants and township engineers. The director also will oversee and enforce field inspections of building construction; inspections and repairs within the township to determine that homes, commercial buildings and other structures meet local and state codes; review building permit issuances; and other related tasks.

Interviews, when conducted, must be open to the public. could be negotiated with the DWSD based on peak usage. Customers would then begin seeing a savings in 2017.

It's estimated the storage facility will save the township about $1.3 million per year on its wholesale water purchase rate from DWSD. However, Zoner said those savings may not be seen for several years.

"By 2017, the tank will be online, and it will take four or five years to recover the money it cost to build the tank," Zoner said. "So it may be 2022 before a true evaluation can be done."

In addition to allowing the township to control peak usage from DWSD, the installation of a water storage facility will stabilize pressures within the water distribution system and provide a reserve source in case of emergency.

The facility would also include backup generators that would operate the electric water pumps in the case of a power outage. Mayer

said the generators would be housed in a building at the site, and wouldn't create a noise disturbance when tested or in the event of an outage.

Commerce Township Trustee Robert Long asked Mayer to provide the board on Dec. 10 with information about the amount of savings that other communities have seen from similar projects. Mayer said Grosse Pointe Woods, Pontiac, Orion Township, Plymouth and Novi have used water storage facilities to offset peak usage rates.

If constructed, Mayer said the facility would be built to last about 80 to 100 years, making it a permanent fixture in the township.

DDA board position interviews started Interviews will be conducted through early December with five people who have applied for an opening on the Commerce Downtown

WESTEND

Development Authority (DDA) board.

The board opening was announced following an October 15 meeting when DDA board member Patrick Dohany announced he was stepping down from the board after serving more than four years.

Dohany, who served as Commerce Township Treasurer from 1976 to 1993, said he has enjoyed serving on the board.

Dohany also served as Oakland County Treasurer and the county's chief deputy treasurer for 10 years.

As of Wednesday, Nov. 27, Zoner said that he has already interviewed one of the candidates, and three others are scheduled to be interviewed on Dec. 5. Another candidate will be interviewed after Dec. 8. Following the interviews, Zoner will make an appointment, which will then need to be confirmed by the Commerce Township Board of Trustees.

"It's like that television program, The Voice," Zoner said about the appointment process. "You interview some really good people, and you only choose one."

The purpose of the DDA is to promote economic development projects by utilizing funds generated from property taxes within the DDA area. The purpose of the DDA, as stated under state law, is to "correct and prevent deterioration in business districts; encourage historic preservation; authorize acquisition and disposal of interest in real and personal property; to authorize the creation and implementation of development plans in the district", and to promote economic growth within the DDA. The original objective in the formation of the DDA in Commerce Township was to help finance bringing sewer and water to specific areas of the township and that goal was then broadened to create and develop a downtown area north of M-5 and Pontiac Trail between Welch and Haggerty roads, as well as to ensure the construction of the Martin Parkway, which was designed to provide relief from traffic congestion from northbound vehicles exiting M-5.

The DDA board meets at noon on the third Tuesday of each month.

Meetings last between one and two hours. DDA board members serve an initial term of one year, followed by potential reappointments for three years.

35

Expires 12-30-2013

PLACES TO EAT

new years

Amazing House Chinese Restaurant: Chinese. Lunch & Dinner, Monday–Friday, 3-10 p.m. No reservations. 1130 E. West Maple Road, Walled Lake, 48390.

248.669.8896.

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.

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.

Blu Nectar: American. Lunch & Dinner, Monday - Saturday. Reservations. Liquor.

1050 Benstein Road, Walled Lake, 48390. 248.859.5506.

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

westendmonthly.com

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 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.

China Queen: Chinese. Lunch & Dinner, daily. No reservations. 1130 E. Maple Road, Walled Lake, 48390.

248.669.8896.

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.

eve

@ come as you are Live music Passed appetizers and cocktails 5 Course wine dinner Champagne toast at mignight

Celebrate New Year’s Eve with C.A.Y.A. Smokehouse Grill!

7:30 p.m. - Passed Appetizers and Cocktails 8:00 p.m. - Dinner Begins Roasted Butternut Squash Soup with Crab Bacon Lardons with Green Beans, Frisee, and Poached Egg Smoked Scallops, Celery Root, and Balsamic Filet Mignon and Beef Short Ribs Red Wine Sauce, Roasted Potatoes Chocolate Decadance, Raspberry Coulis Each course will be matched perfectly with a wine selection.

$85 per person, tax and tip not included.

Reservations required as space is limited.

248.438.6741 • www.cayagrill.com 1403 S. Commerce Rd., Wolverine Lake

“FLAT-OUT ELECTRIFYING!”

WESTEND

—Boston Globe

the groundbreaking

BROADWAY musical

(Photos by Turner Rouse, Jr., John Daughtry, Litwin)

The Places To Eat for Westend is a quick reference source to establishments offering a place for dining, either breakfast, lunch or dinner. The complete Places To Eat is available at westendmonthly.com and in an optimized format for your smart phone (westendmonthly.com/mobile), where you can actually map out locations and automatically dial a restaurant from our Places To Eat.

BACK BY POPULAR DEMAND

Detroit Opera House sponsored by

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Jan. 31–Feb. 2

Tickets: ticketmaster.com, 800-982-2787, & Detroit Opera House & Fisher Theatre box offices. Info: BroadwayInDetroit.com & 313-872-1000. Groups (10+): 313-871-1132 or e-mail Groups@BroadwayInDetroit.com.

37

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248.792.6464

38

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 Aztecha: Mexican. Lunch & Dinner, daily. Reservations. Liquor. 6041 Haggerty Road, West Bloomfield, 48322.

248.669.7555.

Greek Jalapeno: Greek, Mexican. Breakfast, Lunch & Dinner, daily. No 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.

Jenny’s Restaurant: American. Breakfast, Lunch & Dinner, daily. No reservations.

1186 E. West Maple Road, Walled Lake, 48390. 248.669.8240.

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.

Leo’s Coney Island: American/Greek.

Breakfast, Lunch & Dinner, daily. No reservations. 2210 Teggerdine, White Lake, 48386. 248.779.7085.

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.

Maria’s Restaurant: Italian. Dinner, daily.

Reservations. Liquor. 2080 Walnut Lake Road, West Bloomfield, 48323.

248.851.2500.

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, 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.

Pepino’s Restaurant & Lounge: Italian.

Dinner, Tuesday-Sunday. No reservations. Liquor. 118 W. Walled Lake Drive, Walled Lake, 48390. 248.624.1033.

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.

Root Restaurant & Bar: American. Lunch & Dinner, Monday-Saturday. No reservations. Liquor. 340 Town Center Blvd., White Lake, 48386. 248.698.2400.

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

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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.

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.

TJ’s Sushi & Chinese Restaurant: Japanese. Lunch & Dinner, daily. No reservations. 8143 Commerce Road, Commerce Township, 48382.

248.363.3388.

Town Lake Family Restaurant: American.

Breakfast, Lunch & Dinner daily. No reservations. 1186 E. West Maple Road, Walled Lake, 48390. 248.669.7550.

Uptown Grill: American. Breakfast, Lunch & Dinner, daily. Reservations. Liquor.

3100 West Maple Road, Commerce Township, 48382. 248.960.3344.

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. 49115 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.

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.

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BUSINESS MATTERS New artists market Victoria Chehade, owner of Four Kingdoms Art Market, located at 7140 Cooley Lake Road in Waterford, said the idea for the retail artists market that opened in November was brought back from trips to Wisconsin with her husband. It was there that the couple became enamored with a revamped hotel that was gutted and turned into an outlet containing several different retail booths. “They had all different people that set up shops and booths inside, and they had all these different areas with local people inside,” Chehade said. “We thought we would open an artists market and decided to do something in our back yard.” Four Kingdoms works with artists from throughout Waterford, Oakland County and southeast Michigan to offer items for sale at the market. Formerly the site of a video store in the Waterford Lakes Plaza, Four Kingdoms has about 4,000 square feet for retail use. The space is not only filled with artwork, as Chehade has also made room for antiques, collectables and books. “We wanted to be an outlet for artists to showcase their work. We are trying to make it a community thing that supports the

westendmonthly.com

artists that support the community,” she said. “We are still bringing artists in and we have some vintage items and antiques. We are listening to what people are saying, and that kind of guides us. We would like to have something for everyone.” Chehade said she and her husband worked on preparing the store for its opening over the summer, which consisted of repurposing as many items left from the former video store, and using environmentally friendly paints.

Massage spa opens Feeling a little achy and in the mood for a bit of relaxation? There’s good news for you. Massage Green Spa opened at 1753 Haggerty Road in Commerce Township in mid-November to offer customers a range of massage treatments, including Swedish, deep tissue, sports, reflexology, trigger point, cranial sacral, Reiki, pre- and-post natal massages, and other styles. Launched in 2008 by Allie T. Mallad, the Farmington Hills-based chain now operates 470 Massage Green Spa locations across the nation. The brand was recently named the exclusive massage therapy clinic of the Detroit

Tigers. The store also offers facials, aromatherapy, chair massage and additional services.

Peet’s Coffee opens West Oakland coffee enthusiasts will still be able to get their java fill, despite the loss of a Caribou Coffee on Union Lake Road, as the location at 2220 Union Lake Road in Commerce Township is home to a new Peet’s Coffee and Tea. The store is one of several former Caribou Coffee locations in metro Detroit that have been converted into Peet’s, including locations in Shelby Township, Rochester Hills, Novi, Royal Oak and Ann Arbor. “Our successful expansion into Ohio and Pennsylvania brought Peet’s coffee to new customers in more neighborhoods in the U.S., and we’re excited to now offer our hand-roasted, quality coffee to Peet’s fans and new customers in Michigan,” said David Burwick, president and CEO of Peet’s Coffee and Tea. “The Detroit and Ann Arbor areas are important communities to us.” Peet’s, which was founded in 1966 in Berkeley, California, is known to partner with local food providers, and the new Commerce and metro Detroit

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locations aren’t any different, as the locations will feature baked goods from Ann Arbor-based Zingerman’s Bakehouse. “Peet’s and Zingerman’s are like-minded brands that focus on delivering an unparalleled experience and never compromise product quality or freshness. We use the best ingredients and stand by our traditional baking methods so that customers can really taste the difference, said Amy Emberling, managing partner at Zingerman’s Bakehouse.

Storage facility expands ServPro of Novi has purchased a 41,234-square-foot facility at 4158 Pioneer Drive in Commerce Township that was home to the former Aggressive Marine. The property, which was offered by Starwood Capital as the result of a foreclosure, will be used as storage for ServPro, which also operates another facility a short distance from the former marine property on Pioneer Drive in Commerce Township.

Business Matters for the west Oakland area are reported by Kevin Elliott. Send items for consideration to KevinElliott@downtownpublications.com. Items should be received three weeks prior to publication.

41

ENDNOTE

Opportunity for regional water, sewer system

R

ecent efforts to establish a regional authority to oversee the multi-billion dollar water and sewer system owned by the city of Detroit should be recognized as a golden opportunity to bring equitable representation and accountability to a system that has been plagued by issues of mismanagement, corruption and inefficiency for decades.

The Detroit Water and Sewerage Department (DWSD) is one of the largest municipal systems of its kind, providing water and sewer service to about 40 percent of the state's population, including most of southeast Michigan. As owner of the system, the DWSD is responsible for managing and maintaining a 1,079-square-mile water service area that includes the city of Detroit and 127 suburban communities, as well as a 946square-mile wastewater service area.

Of the 4 million people who receive water from the DWSD, about 1.22 million are in Oakland County, with another 1.2 million in Wayne, and 850,000 in Macomb. Less than 700,000 customers reside within the city of Detroit. In total, suburban communities provide about 80 percent of the department's revenues, which total more than $750 million annually. Yet, suburban representation on the DWSD's seven-member Water Board of Commissioners, which oversees the department, has been limited to three members since 1960.

Dating as far back as 1871, when commissioners refused to surrender their books to

a regional board created by the state's legislature, efforts to regionalize Detroit's water and sewerage system have been met with strong opposition by the city. Subsequent efforts by local communities, counties and state legislators over the past three decades have been resisted by Detroit city leaders and the federal court system, which until this year maintained oversight of the DWSD since 1978, due to the department's failure to meet federal clean water requirements regarding sewage and storm water discharges that occur when the system becomes overloaded.

However, Detroit's impending bankruptcy and the appointment of attorney Kevyn Orr as the city's emergency financial manager by Michigan Governor Rick Snyder has spurred new efforts by state lawmakers and the city's administration to establish a regional water authority. Common to each of the proposals is the establishment of a regional water authority, which would be permitted to lease the DWSD system from the city for an annual fee. The new authority would then be responsible for the day-to-day operations, management and financial oversight of the system.

Considering historic opposition to regionalization and the current financial situation, the opportunity to bring plans for a new authority to fruition may not appear again once control of Detroit's finances are returned to the city's mayor and governing body. However, Oakland officials are wise to ensure the cost and makeup of a

potential authority are fair to all customers.

Citing the city's financial issues and DWSD's internal dysfunction, Orr estimated underspending on critical capital expenditures has resulted in the need for $1.5 billion in improvements to the system over the next five years. City financial advisors have also said the city's financial crisis could make refinancing an estimated $5.7 billion in long-term bond debt owed by the DWSD particularly difficult.

While it's understandable that Detroit would want to use the DWSD's assets as a source of profit, something it isn't permitted to do now under the law, lease payments ranging from $50 million annually to upwards of $9 billion over 30 years may not be reasonable. The water and sewer system is a regional asset, and it's time for mutual governance. At the same time, everyone in the region has recognized that some kind of payment should be paid to the city for control of the asset.

We encourage establishing a regional governance structure that protects the interests of all of the system's customers. For too long, the DWSD has been subject to mismanagement and the whims of corrupt and misguided city officials.

Officials from Oakland and surrounding counties, as well as state legislators, must continue focusing their efforts on creating an authority that would provide efficiency and equity to all customers, as well as a stronger system management.

Aggressive begging needs to be controlled

N

o one likes to be approached by a panhandler for a handout, but this past summer the U.S. Sixth Circuit Court of Appeals affirmed a lower court ruling in a Grand Rapids case which held that individuals peacefully begging is an entitled protected constitutional right under the First Amendment, as a means of free speech.

The federal courts agreed with the ACLU, which had taken on the case of two men arrested for begging, ruling that Michigan's anti-begging law, which had been on the books for more than 80 years, was unconstitutional. On October 29, 2013, the ACLU of Michigan sent out letters to 84 municipalities across the state notifying them that anti-begging ordinances on their books are unconstitutional, and should be repealed.

Included in that mailing were several communities in Oakland County.

Of the municipalities, Birmingham repealed its anti-begging ordinance this past summer, and Royal Oak changed theirs in 2011, amending a portion of their city code that prohibited “loitering in a public place for the purpose of begging”, to singling out forms of “aggressive begging.”

Royal Oak's new ordinance prohibits certain specific aggressive behaviors such as touching the solicited person without their consent; blocking the path of the person being solicited, or the entrance to any building or vehicle; following behind, alongside or ahead as the person walks away from the solicitor after having been solicited; using abusive language, either during the solicitation, or following a refusal to donate, or making any statement, gesture or other communication that would cause a reasonable person to be fearful or feel compelled to make a donation; and soliciting at a sidewalk cafe without the permission of the owner of the cafe.

Dan Korobkin, attorney for the ACLU, asserts that “peacefully standing on the sidewalk asking for change” can't be made illegal, but “there's nothing wrong with making it illegal to trespass on private property, to assault people or harass them, or to commit fraud – but those are all already against the law.”

Korobkin asserts that the courts have ruled that conduct that is aggressive can be limited by law, “such as if someone asks for spare change,

and you decline, and they kept following you down the street and asking you over and over again, harassing you, and if they're using language that would make a reasonable person feel coerced or intimidated.”

He did emphasize that some foul language may be protected as free speech.

Korobkin's point is that it's not a crime to be poor. Granted. But's it's also not a right to personally intimidate others, allege it's begging, and use the refrain of “free speech.” While many Oakland County communities are assessing their anti-begging ordinances in light of the letters they received from the ACLU, we urge them all to look at Royal Oak's revised ordinance and consider the aggressive begging provision.

While some communities may not have a current issue with begging, no one can anticipate when an opportunist seizes upon their municipality. Wise leaders prepare for the possibilities of the future, sparing their citizens from the intrusions of aggressive and intrusive behavior with the potential to harm the community in the same way an intrusive species can harm the environment.

Jim Mandeville

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