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April 2012 • Volume 21 • Number 1
contents Riparian’s ‘how-to’ guide
14
The Michigan Lake and Stream Associations (MLSA) has published a book by attorney Clifford Bloom on how to navigate the sometimes tricky realm of buying and selling lakefront property. “There is no comparable book in the whole state,” Bloom said.
20 Targeting the swans The recent actions by a pair of Oakland County municipalities on mute swan population controls represent the differing takes on the state’s new efforts to drive down overall swan numbers and maintain a zero growth rate.
42 End of road 46 All decked out 54 Capacity study Following years of debate and considering multiple waves of competing legislation, Michigan lawmakers have enacted a law that codifies various court rulings on the use of road ends adjacent to state lakes and streams.
The options are virtually endless when it comes to adorning your patio or deck with stylish yet functional furniture. Southeast Michigan’s experts on highend outdoor furniture chime in on the latest trends that will make your exterior space a haven this summer.
With a snag in property acquisition holding up the process of creating a new Union Lake public access site in Commerce Township, lakefront homeowners are calling for the DNR to conduct a study into how many boats the lake can safely accommodate.
Also Inside: in
9 – Wolverine Lake Wash Station • 59 – Asian Carp Update every 19 – Snapshot: Dan Gheesling 52 – Port of Call: Cedar Island Lake 61 – Waterway Levels issue 41 – Snapshot: Dale Mahrle
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Subscriptions: Paid subscriptions are available for $15 for 6 issues. Subscriptions can be placed by phoning the SCN Communications Group at 248.360.6397 or mailing payment to P.O. Box 14, Union Lake, MI 48387-0014. Editorial: All editorial matter fully protected. All rights reserved. No portion, whole or part, may be reproduced without prior written permission. The name Oakland Lakefront is protected property. Advertising: Copy closing/space reservation deadline generally three weeks in advance of publication. Specific issue closing dates/editorial calendar available by phoning 248.360.6397.
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A
n Oakland County lake has jumped into the forefront of a movement to erect boat disinfection stations at launch ramps as a means to help mitigate the proliferation of viral hemorrhagic septicemia (VHS) and other potentially fatal fish pathogens. At the same time, use of the disinfection stations may help curb or even prevent the spread of invasive aquatic species such as Eurasian watermilfoil and zebra mussels. The Wolverine Lake Village Council has accepted the terms of a contract with the Michigan Department of Natural Resources (DNR) to erect a boat disinfection station at the department's Wolverine Lake public access site. "Essentially the village will install, maintain and carry a level of insurance for the station," said Village Council President John Magee. The station is akin to a large containment tank filled with a chemical solution that is disbursed through a hand-held spraying unit. The station will need to be managed by volunteers who will fill the tank with the solution and educate people on its use. The main goal of the disinfection stations is to Wolverine Lake prevent the spread of VHS, a highly-contagious disease that affects some fresh water and saltwater fishes. The disease causes fish to bleed to death internally and, according to the DNR, has been reported in all of the Great Lakes except Lake Superior. The disease is not harmful to people. VHS can spread when boats or bait are moved from VHS-infected waterways into non-infected ones. Fish can also become infected with the virus by eating infected fish. "My sense is that people would use (the boat disinfection station) before they pull out (of the lake) vs. coming in, but we would encourage them to use it before and after (using their boats on Wolverine Lake)," Magee said. The base of Wolverine Lake's fishery is an aggregate of perch, walleye and crappie, all species known to be affected by VHS. After VHS was first detected in Michigan, the DNR began a monitoring program to collect fish from a range of waters for testing each year. The program has been funded by the U.S. Department www.oaklandlakefront.com
of Agriculture-Animal Plant Health Inspection Service (USDA-APHIS). Monitoring conducted at dozens of state waterways, including lakes in Oakland County, has detected only two inland lakes with VHS-infected fish: Budd Lake in Clare County and Baseline Lake in Washtenaw County. According to Magee, aquatic weeds have been problematic in Wolverine Lake for decades, and the boat disinfection station may help mitigate that concern, as well. "It's also something we can do to prevent the spread of invasive species," he said. Starry stonewart, zebra mussels, Eurasian watermilfoil and curlyleaf pondweed have been invading the village's namesake over the past several years, Magee said. "They're all invasive species that are not part of the natural ecosystem, that have no natural predators and have grown out of control," he added. The Village Council budgeted $1,500 for the total cost of installing and maintaining the disinfection station. The annual cost of chemicals for the station's Boat solution would be between Launch $500 and $800. Disinfection stations won't entirely stop waterways from being infected by fish diseases or invasive species, but they will help slow the spread of pathogens and exotic species and will engage the public in playing a role in limiting the spread of diseases and non-native species, according to DNR officials. n addition to disinfecting boats for VHS, boaters can build similar stations to simply rinse their boats with hot water to remove zebra mussels or attached aquatic plants, for example. "We think use of the disinfection stations is a good idea," said Gary Whelan, program manager in the DNR's Fisheries Division. "We're not able to fund these at this time. Anytime you can prevent the spread of pathogens from one waterway to another, or minimize the spread, that works to the best interests of the fish community there. This is also a good way to get rid of unwanted passengers (invasive species)." The boat disinfection station movement started with members of the Michigan Lake and Stream Associations (MLSA) who began constructing the
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devices in northern Michigan. Those initial stations utilize a product called Virkon Aquatic, which is effective in killing the VHS virus. Whelan said Virkon Aquatic "kills about any living organism," including zebra mussel veligers, VHS, and the koi herpes virus. "There's no downside to disinfecting with Virkon Aquatic," he said. "It's easy to mix and we use it in our hatchery system. It works well." teve Hanson, eastern lake manager for PLM Lake and Land Management, said his company also uses Virkon Aquatic on its boats before moving them between lakes. "It's not perfect, but it's far better than doing nothing," he said. "On a lot of the high profile lakes with public access sites, like Wolverine Lake, they get pretty busy with transient boating activity. Some people still don't drain their boats' live wells and transport water from one lake to another lake, which can be a problem. That carries things from lake to lake. Spraying off a boat and trailer with the disinfectant ingredient will kill the (VHS) virus and all sorts of things that are in the water at any given time that may impact the fish community." State law requires boaters to drain all live wells and bilge systems before taking their boats from one lake to another. In 2009, it also became illegal to launch boats with attached aquatic vegetation — a law supported by the DNR. Public Act 91 of 2009 states, "A person shall not place a boat, boating equipment, or boat trailer in the waters of this state if the boat, boating equipment, or boat trailer has an aquatic plant attached. A law enforcement officer may order the owner or operator of a boat, boating equipment, or boat trailer to remove aquatic plants from the boat, boating equipment, or boat trailer. The owner or operator shall obey such an order. The department shall prepare a notice that contains a summary of (the act's provisions) and shall make copies of the notice available to owners of public boating access sites. The department shall include the notice in relevant department publications and post the notice on its website. The owner of a public boating access site shall post and maintain the notice described ..."
S
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Violators are responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100. The DNR's Whelan said building and using the boat disinfection stations like the one planned at the department's Wolverine Lake access site will not only slow the spread of fish diseases and invasive aquatic species, but also help in educating the public about the proper way to disinfect and clean their boats, trailers, and other marine equipment. Although Whelan said the DNR doesn't have the money to promote the disinfection stations or construct and maintain them, he said the Fisheries Division can provide some technical assistance to those interested in constructing and operating one. He suggests such people call him at 517373-6948. In addition, he recommends that interested parties visit the MLSA's website at www.mlswa.org to obtain complete instructions on how to construct a disinfection station and maintain it with the appropriate Virkon Aquatic solution. Using a solution of onehalf cup of bleach per five gallons of water in a spray canister can be an effective alternative to constructing a disinfection station and purchasing Virkon Aquatic, according to Whelan. "Bleach is harder on plastic and some other surfaces, so you don't want it to sit around too long without a rinse," he said. "But bleach works as a good contact disinfectant, which is what Virkon Aquatic is." eople interested in construction a disinfection station may need to obtain a DNR permit. If a boat launch is owned and operated by the state of Michigan, one needs to obtain a use permit from the DNR to build and operate a disinfection station there. If the boat launch is owned and operated by a county, township, city or association, the municipal governing body needs to pass a resolution that allows Virkon Aquatic to be used at the access site's disinfection station. If the boat launch is privately owned and operated — by a homeowners association, for example — one can set up a disinfection station without a DNR permit. ❏ Editor Tim Dmoch contributed to this report.
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OAKLAND LAKEFRONT
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By Angela Niemi
a book to help you navigate just about any new terrain. However, there wasn't really a comprehensive guide to buying and selling waterfront property in Michigan — until now. Purchasing property can be a difficult and confusing process on its own, but when it's lakefront property, there are even more pitfalls and confusing entanglements, which prompted attorney Clifford Bloom, a renowned riparian and water law expert, to write a book on the subject. "There is no comparable book in the whole state," Bloom said. "Over the years, I'd get a lot of questions on waterfront property, buying and selling, and other aspects of waterfront property. There's a lot of interest in the topic, but there was no good resource that dealt with all of it." Bloom has been an attorney for the Michigan Lake and Stream Associations (MLSA) for the past 20 years, devoting his time to representing several lake associations on the west side of the state and providing legal counsel for many local governments. The MLSA is a non-profit entity made up of organizations, corporations, associations, and individuals that "share a goal of preserving and protecting Michigan's vast heritage of freshwater resources." The organization was created in 1961 and has
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grown to include 300-plus individual members and more than 250 lake, river, and stream association members that together have a statewide membership exceeding 100,000. Bloom also regularly writes a column for Michigan Riparian Magazine, an MLSA publication, and has presented seminars on various waterrelated issues. Over the years, Bloom has accumulated a wealth of experience with lakefront issues and has drawn upon his knowledge to write his guide to buying and selling lakefront property. "Occasionally, I would go back and refresh my mind," said Bloom, who mainly relied on his own experiences for the new book's content. "After 28 years, you pick up quite a bit of information." This is not the first book he has written for the MLSA. In 2009, the association published Bloom's book, "Michigan Lake Associations: The Nuts and Bolts." "That one is smaller and tells you everything you want to know about Michigan lake associations," he said of the book, which is available for purchase on the MLSA website, www.mymlsa.com. In its 251 pages, Bloom's new "Buying and Selling Waterfront Property in Michigan" covers a slew of topics ranging from riparian property rights
www.oaklandlakefront.com
to financing, from encroachments to buildability and lake associations, while frequently referencing court decisions that have previously addressed these issues. "It contains probably every major topic regarding waterfront property: What is it? What should you look for in a Realtor? What about the purchase agreement and the types of inspections you should do? It tells you how to deal with local municipal officials. And it explains dozens and dozens of words and phrases regarding waterfront transactions, such as pitfalls, easements and road ends," Bloom said, adding that the book is written for laypeople and will help "anyone who has an interest in waterfront property." "I will admit the book is not exactly the most exciting reading in the world, but I think it fills an important information gap for people looking to buy or sell waterfront property in the state of Michigan," said MLSA Director Scott Brown. It was the MLSA that published Bloom's book. "(This book) is an educational tool," Brown said. "It's one of the resources we make that will benefit MLSA programs and plans. Waterfront property is fraught with all types of complications and legal entanglements that people need to be aware of. This is a complete guide with checklists for people who want to do those types of transactions in Michigan." The back of the book contains an "Attachments" section complete with samples of deeds and purchase/sales agreement forms, as well as checklists for issues to look for before you buy and close on a waterfront property. There is even a checklist to help a buyer determine what they want in a lake. www.oaklandlakefront.com
Overall, it serves as a good reminder of the dos and don'ts for buying and selling waterfront property, especially highlighting potential issues that may arise. One of the main topics covered in the book is due diligence — which is always important when buying new property, but especially if that property is on the waterfront. "Don't assume anything before you buy," noted Bloom, who said one of the biggest mistakes a prospective buyer of waterfront property can make involves the purchase/sales agreement. "Check everything out. Ignorance is not bliss when it comes to waterfront property. "The most important matter in a transaction other than the price is the purchase agreement," he said. "Some people call it the 'buy/sell' agreement. Some people think it's a non-binding letter of intent. It's not. It binds the whole transaction." Therefore, it's important to make sure both parties are willing to live with all the terms of the agreement before it's signed. Other issues of popular concern involve access sites, easements, and building on vacant lots. "It's very common for people to want to build a cottage on an empty lot or to tear down a cottage, and they want to know what they have to do," Bloom said. "They normally have to deal with local zoning ordinances and (Michigan Department of Environmental Quality) DEQ permits before they can do anything." Another issue that is brought up frequently is the ownership of bottomlands — the bottom area below surface water. "It depends on what direction and what shape the lake is," Bloom said. "Normally on an inland lake, OAKLAND LAKEFRONT
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the lakefront owner owns the bottomlands extending from their property out to the center of the lake. On the Great Lakes, it's only to the water's edge. However, the only way to get a definitive answer about who owns the bottomlands is to file a lawsuit. Surveyors and engineers can give an opinion, but the only way to settle a dispute with a neighbor is to have a court decide." In addition to understanding the target property and what is and isn't allowed there, who will be living next door is another important consideration for lakefront property buyers. "It's important to get to know your neighbors before you move in on the lakefront," Bloom explained. "For instance, we get calls all the time from people whose lives have been turned into nightmares because they've gone to war with their neighbors over docks or lake access or allowing relatives to moor boats overnight." It's important for waterfront owners to understand their riparian rights and to have insight about life on the waterfront — including the many possible legal issues that can arise. Brown said he believes Bloom's book provides valuable insight on waterfront living for all people, whether they are "buying or selling or not." "Lakefront property is fraught with a lot of
potential pitfalls, which is why I think this book is so valuable," Brown said. "It covers everything from A-Z." People interested in not only buying the book, but wishing to speak to Bloom can do so at the MLSA's upcoming annual conference at the Boyne Mountain resort the weekend of April 27-28. For more information, go to the special event page located at the association's website, www.mymlsa.org. You can register for the conference online, or by phone at 989-831-5100. Proceeds from the book's sales will go to the MLSA. The book costs $20 plus postage and can be ordered at www.mymlsa.org/books-publications, or by calling 989-831-5100. "Buying and Selling Waterfront Property in Michigan" will also be available at bookstores around the state, including Nicola's Books in Ann Arbor and Schuler's Books and Music in Grand Rapids. "It's a small $20 investment in a book that could save you a lifetime of grief and hundreds of thousand of dollars," the MLSA's Brown said. "Knowledge is a very powerful thing, and reading the book from either end of the (property sales) transactions can save you a lot of grief and money." ❏
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snapshot
akland County's favorite "Big Brother" is looking forward to his very first official summer on the water at his Union Lake residence. Dan Gheesling, 28, is a fifth-year teacher and assistant football coach at Orchard Lake St. Mary's Prep who garnered national attention in the summer of 2008 when he came away as the grand-prize winner of $500,000 on the "Big Brother" reality show. Now, over three years after his moment in the spotlight, Gheesling is now a newly-wed, having married his wife, Chelsea, last July, and is settling into life on the lake. "My wife is from Commerce and grew up on Union Lake. I'm from Dearborn and I'm not used to all this," Gheesling said. "But I've always wanted to live on a lake, so I'm looking forward to just being able to go out in the backyard for a swim and fish, and of course we just got a pontoon boat."
Gheesling not only has a wedding ring, but a state championship ring as his Eaglets won the Division 3 state title in November. "I always enjoyed being around kids and coaching football and teaching, and that's what I continue to do," he said. Although he didn't follow most of his reality TV contemporaries to Hollywood, Gheesling hasn't strayed too far from the genre. He set up a website, howtogetonrealitytv.net, where reality TV hopefuls can download two books he authored: "How a Normal Guy Got on Reality TV" and "The Complete Step-by-Step Guide." "One of the questions I always get asked is, 'How did (you) get on reality TV?' I said that I should write a book about it and that's what I did." — Michael Shelton — Oakland Lakefront photo/Amy K. Lockard
Population Controls The debate over measures to manage mute swans in Oakland, state goes on By Leslie Shepard
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T
he battle over mute swan population control in Michigan is heating again, with some municipal governments and state officials gearing up for another season of activities designed to whittle back the birds' numbers. Yet not all local governments have jumped on the bandwagon, as evidenced by a recent Oakland County community's action to reject suggested swan control efforts; and there's still plenty of staunch mute swan advocates lamenting the state's approach toward reducing the mute swan population. The Waterford Township Board of Trustees was united Monday, Feb. 27 in refusing to pass a resolution that would allow the removal and destruction of mute swan eggs and nests in the township, as well as the euthanasia of captured mute swans. The proposed resolution was in line with new state Department of Natural Resources (DNR) guidelines. Township Treasurer Margaret Birch vehemently opposed such a resolution and motioned to deny it. "It's one thing moving the eggs, but to outright shoot and kill them? The only time they threaten is when they feel their young is being threatened," Birch said. "We didn't like the way the resolution was written." Resident Nick Valente submitted the resolution for the township's consideration after learning of the DNR's focus on decreasing the mute swan population. "I didn't know these swans were invasive and unwanted, and I was just going along with the DNR recommendation," Valente said. Resolutions related to the control of mute swans tend to stir up dissension among residents of lakefront communities. Walled Lake resident and waterfowl rescue worker Karen Stamper is one example of those opposed to such measures. "Naturally we were excited it didn't pass," Stamper said of the Waterford resolution. Birch said lakefront homeowners can petition to destroy the waterfowl if they manage to receive 70 percent support from fellow riparians. "They can do it themselves — the DNR is pushing it," she said. Mute swans are native to Eurasia and deemed by www.oaklandlakefront.com
wildlife officials to be an exotic species in North America. Advocates refute the exotic species characterization and question the motivation for population control efforts. They point to the 1964 discovery of a mute swan sternum bone in Ontario. The bone was found at a site dating back almost 300 years ago. There have not been any other reports of similar bones found. "The DNR doesn't want mute swans here and wants them dead," Stamper said. "It's all about getting money for permits." Stamper said the DNR stepped up its efforts to reduce the state's mute swan population last year, in part by banning the rehabilitation of sick and wounded birds. "I think it's pathetic (that) for the amount of swans that the rehabbers take in per year — all parties agreed 40 was the magic number — that they couldn't allow them to continue their rehab efforts," she said. The DNR has ordered that under no condition will captured mute swans be released back into the wild in Michigan. If a person is in immediate danger or being attacked by a mute swan, under DNR rules, that person can destroy the mute swan. Otherwise, only DNR personnel; local, state, and federal law enforcement officials; permitted nuisance animal control firms; or permitted land owners may do so.
T
he birds' beauty cloaks an aggressive and territorial nature that DNR officials say poses a threat to native waterfowl and their ecological environment. That, in part, has prompted changes in the way the state manages the mute swan population. The major change is a wildlife conservation order amendment prohibiting the release of mute swans back into the wild after being removed from the environment. This measure was passed by the state's Natural Resources Commission (NRC) in February 2011. The species is believed to have been introduced to North America from the mid-1800s through the early 1900s for its ornamental value. According to Cornell University's Lab of Ornithology, individual mute swans were imported to many areas of North America, including Chicago and New York, as adornments in OAKLAND LAKEFRONT
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city parks, zoos, large estates, and aviculture collections. And it's believed that the release or escape of individual birds from these early captive flocks resulted in the current feral mute swan populations of today.
H
owever, since then, mute swans have been able to outcompete native waterfowl for breeding habitats and continue to reproduce at a high
rate. As a non-native species, the mute swan is not protected under the federal Migratory Bird Treaty Act. Therefore, the regulation of mute swans is the exclusive jurisdiction of the state. Since the population continues to grow exponentially, department staff felt they had to take even more aggressive population control measures. The department's short-term goals include bringing the population growth rate of mute swans to zero, in addition to bringing the mute swan population to zero in state game and wildlife areas. As for long-term goals, the DNR hopes to bring the statewide mute swan population down to 2,000 by 2030. The DNR is employing a combination of population control methods, including nest destruction, oiling eggs, and even shooting mute swans. There are three main reasons why the DNR is taking an assertive stance against the mute swans. The first is the birds' impact on the submerged aquatic vegetation that grows in lakes. Swans reportedly eat so much that a group of birds can consume an entire bed of vegetation quickly, depriving native waterfowl species of their food source. According to DNR staff, studies suggest that the amount of submerged aquatic vegetation mute swans consume has had negative impacts on the overall aquatic ecosystem. The second threat is that mute swans can displace native waterfowl — including the native trumpeter swan, which the DNR has been trying to reintroduce — by competing for breeding habitat. Mute swans have a tendency to become aggressive during breeding and rearing their cygnets. This territorial aggression poses a third threat when it is geared toward humans. The DNR reportedly has www.oaklandlakefront.com
received numerous reports of mute swan aggression toward boaters and even people on shore. Under the DNR's new wildlife conservation order on mute swans, written permission no longer needs to be obtained by DNR employees and other designated personnel to kill swans or destroy their nests and eggs. However, this only applies to mute swans on state lands, and verbal permission is still needed. All nest, egg, and swan removal on private lands still requires written permission from the DNR. Several years ago, Wolverine Lake decided to take steps to reduce its swan population with the DNR's approval, as there were a reasonable number of swans on the lake that reportedly were causing a problem. Village officials didn't want to eliminate swans. So instead, they followed the path of egg collection and nest destruction that has proven effective for Canada geese. The Wolverine Lake Village Council recently approved a resolution calling for the DNR, in conjunction with the state Department of Agriculture and Rural Development, to carry out the village's mute swan nest and egg destruction efforts this spring on municipal property. The village doesn't advocate for the culling or euthanization of mute swans. "We do nest destruction and egg collection so we wouldn't have to do culling or killing," said Village Council President John Magee.
A
ccording to Magee, there has been a surge in the mute swan pairings on village property, based on the village Water Management Board's annual waterfowl counts. "The nesting pairs have increased from 6 or 7 to 10 or 11," he said. "As the state population increases significantly, we also get a larger number of nests on the lake." Egg collection and nest destruction in the village historically has been conducted by an outside contractor. Now the DNR, at no cost to the village, will be taking over that task. "The only thing that changes is now the DNR has funding to do this service for us," Magee said. â?? Staff writer Angela Niemi contributed to this report. OAKLAND LAKEFRONT
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742 LAKE ANGELUS SHORES Fabulous lakefront lot. 2,500 sq. ft. 1860s farmhouse with 3-4 bedrooms, 1 full and 2 half baths. Beautiful south shore location with 4.06 acres and 124 ft. of lake frontage. $849,900
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CUSTOM LAKEFRONT AND RESIDENTIAL 321 INDIANWOOD RD. LAKE ORION Fabulous newer construction 4 bedrooms, 3.5 baths, 3.5 car garage, 1+ acre, gourmet kitchen. Views from every room. Custom upgrades throughout. Over 5,100 sq. ft. Designer’s own home. Too much to list. $849,000
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APRIL 2012
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HIGHLAND LAKEFRONT On all-sports private Highland Lake. A hidden jewel just north of Milford. Three bedrooms, 2 baths, open floor plan. Island kitchen has Corian counters. Newer flooring. Huge deck is over 500 sq. ft. Wonderful tree provides filtered shade. Water views many directions. Two fireplaces. Heated garage. More! $224,900. MLS#212012906 (2900P3)
HIGHLAND VALLEY This home is on one of the nicest lots in the sub! Backs to private Kyle Park and Downey Lake. Enjoy wooded and lake views. Canoes and kayaks allowed. Home features 4 bedrooms, 2.5 baths, an island kitchen with granite counters. Hardwood floors in entry, dining, kitchen and den! Unfinished walkout is bright with lake picture window. Beautiful decking! $329,900 MLS#212022371 (788J3)
ON ALL-SPORTS LAKE SHERWOOD 4 bedrooms, 3.5 baths. First floor master plan with large spa bath. Finished walkout - rec rm, bar, exercise rm. Sun/screen porch off breakfast 3-season. Large island kitchen/Corian. California closet organizers, skylites, fitness rm, storage galore. Lower level quality same as upper. Multi-level decks and sandy beachfront. $444,500 MLS#211110654 (2833W3)
24 ACRE ESTATE IN MILFORD AREA! Exceptional all stone and cedar home with 1,600 feet frontage on private Downey Lake. Exotic woods throughout. Tigerwood floors, rosewood and walnut species used for custom cabinetry. Gallery style spaces and large outbuilding for workshop or storage. Five car garage capacity with home elevator. $1,500,000. MLS#211088015. Also, home is offered on 13.2 acres. $1,350,000. MLS#211088932 (809H3)
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OAKLAND LAKEFRONT
31
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www.oaklandlakefront.com
OAKLAND LAKEFRONT
33
25 South Main St. Clarkston, MI
(248)
625-1010
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A TREASURE ON THE WATER! Chateau du lac palatial seclusion on a 22 acre island! One mile of “all-sports” lake frontage and 300 ft. beach envelope this country French villa! Water and woods captured from each window. $700,000 10-KNO
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SENSATIONAL NEAR TOWN LOCATION Feels like a house/lives like a condo. Classy, open and bright with water views. Master with all of the “I wants.” Impressive loft adjoins upper guest suite. Finished lower walkout. Skylights deliver bright views of nature preserve and pond! 3 car gar. Extensive decking and screened porch. 71-PER
Kenice Schooley
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Emily Ford
SHOW STOPPING!! Clean lines, soaring ceilings and sleek hardwood floors all illuminated by serene Foley Lake as its backdrop. Two-story foyer unites curved staircase, opening to 2,750 casually elegant sq. ft., granite kitchen. The walkout lower level is a clean canvas waiting for your finishing touch! $319,000 43-COA
Ron Serafini
WATER, WATER EVERYWHERE! An explosive interior with panoramic views taken from 700 ft. frontage onto a 234 acre all-sports lake. Privacy abounds from the 3.21 acres of wooded peninsula parcel. Pristine condition and uniqueness create this lakefront retreat. One-of-a-kind. Come see, come sigh! $415,000 95-RID
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Live your dreams on this coveted lakefront estate. Bring your horses also! Located strategically near Milford this 7,200 sq. ft., 6 bedroom, 7 bath home features everything your family and guests could want‌Panoramic lakefront views on Starland Lake, guest quarters with expansive game room, second kitchen with cherry cabinetry, granite counters and separate bedrooms with baths. The main home brags a sunken firelite living room, large craft/laundry room, gourmet kitchen with sub-zero, stainless appliances, granite counters and cherry cabinetry. The formal dining room takes a step back in time with a full fieldstone fireplace, first floor master suite with dressing area/bath, second floor master suite with his and her master baths, and so much more! The pastures each have separate watering, the barn features very large stalls/tack room and an attached, additional two-car garage. There is a separate hay barn and round pen. And then there is the lake‌undescribable beauty.
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4075 Echo Drive West Bloomfield
248-881-3478 OAKLAND LAKEFRONT
38
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ife on Union Lake has been a family affair for Union Lake Shores Association President Dale Mahrle. His grandparents had a cottage on the lake dating back to the 1940s, and his in-laws, the Airds, owned one of the first year-round homes there at around the same time. His uncles and parents followed. His wife, Joann, has two sisters who still reside on the lake, and the Mahrles' daughter and her family live there, as well. "I was raised on the lake," he said. "We were avid waterskiers as youths. Later, we were members of a very active sailing club on the lake, racing Lightnings. My son and daughter came to enjoy all the lake activities as they grew up there — skiing, swimming, ice fishing in the shanty and having a rink shoveled off for hockey and figure skating during the winter. It was a great place to raise our kids. Now, there's nothing more peaceful than to wake up in the morning and have a cup of coffee
while taking in the calm lake view." One of Mahrle's first jobs was at Greg's Marina on the lake, earning a dime for each wooden rowboat he bailed out. When Dale and Joann married in 1964, they moved away for just a year, then returned. They've been there ever since. The semi-retired owner of an engineering firm said that with so much family history on the lake, he naturally developed a deep sense of civic responsibility and pride in the lake community, which resulted in his many years of active service in the association. "You try to preserve the resource you have," he said. "When things go awry, you try to correct them. You want to protect your asset, since the property values are based on living on that water, so you don't want to see the area or water degraded in any way." — Tim Dmoch — Oakland Lakefront photo/Amy K. Lockard
A
fter decades of legal interpretations and litigation, the battle over road ends may have finally come to an end with the passage of Senate Bill (SB) 778, which recently received approval in both chambers of the state Legislature and, as of press time, had been presented to Gov. Rick Snyder. "After being debated for so long, it's a good feeling to see something through to fruition," said state Sen. Mike Kowall (R-White Lake), who sponsored the legislation that also featured state Sen. John Pappageorge (R-Troy) as a co-sponsor. Kowall first began working on the bill back in 1999 when he was serving in the state House of Representatives. "It just took a long time to get clarified and signed into law," Kowall said. "There's a lot of misunderstanding with this issue. There's so much confusion and passion over the bill itself." Road ends are places where roadways dead-end at the banks of a lake or stream. Most road ends were created more than a century ago to provide public access to lakes, rivers and streams. No definition of "public use" was ever provided, but case law has upheld that road end uses should be restricted to the ingress and egress of watercraft. There reportedly has been abuse at some road ends over the past several years, as some people have erected docks, installed boat hoists, and used the sites for picnicking, fishing, sunbathing, and swimming. "This can get to be a very emotional issue," said Bill Anderson, the legislative liaison for the Michigan Townships Association (MTA). "Especially when someone has been using the lake in a certain manner for 30 years, and then people say that's not what they are supposed to do, it gets emotional." In 2003, the Michigan Court of Appeals ruled that the public may use road ends as a boating access point, but can't use them for lounging, sunbathing, picnicking or the installation of boat docks or hoists. "People started putting up docks and using the areas for everything but what they were actually intended (for) — a site to back a boat into the lake and then a place to take it out at the end of the day," said Kowall, who sponsored the bill to codify road end rules already handed down by state judges in a couple of court cases — Jacobs vs. Lyon Township in 1993, and Higgins Lake Property Owners Association (HPLOA) vs. Gerrish Township in 2003. The Michigan Court of Appeals' ruling in the Jacobs case states that a land plat dedication allowed the installation of one non-exclusive dock
at each road end leading to Higgins Lake, while the HPLOA case maintained that while one nonexclusive dock could be constructed, private docks were not permitted and sunbathing, picnicking, lounging, and permanent mooring of boats at road ends could be prohibited. According to Kowall, SB 778 is simply "codifying" the rulings already handed down by state judges. "It clarifies what the publicly-owned property can be used for," he said. "What perked my interest on (this issue) is that some people are taking public land and turning it into their own private little resorts. They were blocking (the public access) off from general use by the public." Under the legislation presented to Snyder on March 12, boat hoists or docks can't be constructed, installed, maintained or used at a public road end unless there is a recorded deed or easement that provided otherwise, according to the legislative analysis on the bill. The mooring or docking of a vessel between midnight and sunrise would also be prohibited, as would be any activity that obstructs entering or exiting the inland lake or stream through the road end. A single seasonal public dock or wharf can be installed and used, provided it has been authorized by the local unit of government that has jurisdiction over the road end. Violation of the bill's provisions would be a misdemeanor punishable by up to 90 days in jail and/or a maximum fine of $500. Each 24-hour period of the offense would constitute a separate violation. The MTA gave strong support to the legislation, calling it "the correct interpretation" of previous court rulings, according to Anderson. "This legislation implements court decisions that have come down on how you can use that road end access into an inland lake," Anderson said. "It doesn't do anything new. It simply puts into law what court decisions have said must be done." The state House of Representatives passed an amended version of the Senate-passed SB 788 in a 96-11 vote on March 1. The upper chamber concurred with the House's version of the legislation, 31-7, in a March 7 vote. "The bill codifies existing case law," said state Rep. Lisa Brown (D-West Bloomfield), who voted for the bill. "Road ends are for access to the water, not for private use." "It made sense," added state Rep. Hugh Crawford (R-Novi). "The law that was in effect before was vague on the use of a public road that ends on a lake. This clarifies it. People are not supposed to be using a public road or lakefront for
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private personal uses like boat hoists. People were using roads or lake access to put in private docks, and they are not supposed to do that because it's public property. The resolution made sense to me." State Rep. Chuck Moss (R-Birmingham) also voted in favor of the bill because it provided clarification on what road ends "can and can't be used for." "They provide public access," he said. "They do not let people put in boat hoists and essentially become mini-marinists, which was happening in many places to the detriment of property owners on either side." And state Rep. Bill Rogers (R-Brighton), whose district includes a portion of west Oakland County, was quite familiar with the "famous old end of the road" issue, having grown up on a lake. "To use them to drop boats off is fine," he said. "But to physically put structures up there — that's why folks purchase property on the lake. I just didn't feel it was appropriate for people from all over to throw in docks and what else and add to the issues on the lake for those who are complying legally." Kowall said he's happy to get the issue settled before the pending summer boating season. "Both people that live on the lake and people that live off the lake now can enjoy the water and do it safely," he said. "They can enjoy their summer." The bill's passage marks the end of a battle that had been waged for years, both in the courts and in the state Legislature. "There has been a huge amount of litigation over that issue. Most of it has taken place up at Higgins Lake," said Anderson. "Essentially the courts came out and said it was a common law issue. When the contract was established to deal with the easement, the rights were defined at that time. The Legislature doesn't have the authority to change that. And basically, it came down to scenarios where people were making use of that road end to a degree greater than what was allowed under the contract for that easement." Anderson said he often explains the situation by likening it to easements for sidewalks in front of houses. "For example, a lot of people have easements in front of their houses for sidewalks. Now, the easement does grant people the right to bike up and down in front of the house. It doesn't mean people have the right to build a fruit stand in front of your house or go camping on the sidewalk in front of your house. They can go to and fro, but they can't put in anything permanent. These (road ends) aren't parks," he said. The definition of "public use" at road ends led to several legislative battles, as well. Former state Rep. John Stakoe, a Republican whose district included the Oakland County communities of White Lake and Highland townships, took up the fight after Kowall left the state House in 2002. During his tenure in the Legislature, Stakoe repeatedly but unsuccessfully introduced bills — all of which had essentially the same provisions as Kowall's
SB 778 — that would have codified the court rulings on road ends into state law. However, Stakoe's legislation was countered by opposing bills. In 2005, former state Rep. Joel Sheltrown, a West Branch Democrat, introduced his own legislation which proposed greater use of public road ends. In cases where the public roads were located within a recorded plat, each property owner within the plat would be allowed to take part in activities such as sunbathing, lounging, picnicking, erecting seasonal docks and temporary boat hoists at road ends. Local control would be awarded to municipalities, which could decide how to regulate the road ends. Nearly identical legislation was introduced in March 2007, in the form of a House Bills 4463 and 4464. The legislative package, sponsored by former state Rep. Matthew Gillard, a Democrat from Alpena, required the state Department of Environmental Quality (DEQ) to issue a marina permit to a local unit of government to construct a road end dock if the local government enacted an ordinance with specific provisions. Stakoe asked former Michigan Attorney General Mike Cox in 2008 to issue an opinion on the road end use issues. Stakoe wanted Cox to issue a ruling on whether the state Legislature can "revisit" court rulings dealing with the scope of what constitutes "public use" at road ends. The opinion handed down from Cox's office stated that any change in property interests has to be viewed in the context of more than 100 years of court rulings on the rights and limitations of properties within plats. According to Opinion 7211, Michigan law prohibits "marina-like operations," such as permanent boat mooring or hoists, lounging and sunbathing at public use road ends, unless the dedication authorizes otherwise. Cox concluded that "while the Legislature has the authority to modify the law, any legislative modification of the judicially established rules of property law that have shaped the rights and expectations of property owners regarding the meaning of 'public use' in the context of platted roads ending at the shore of a lake has the potential to impact existing property rights and would be subject to the constitutional protections against the taking of property without due process and just compensation." Nevertheless, no law was put in effect to make that black and white — until now. While the MTA's Anderson said he doesn't believe the issue is completely resolved, he said he does believe the clarification will deter many lawsuits. "It will probably give greater guidance to people," he said. "Now they can see the rulings in law. They don't have to go back and start reading a dozen court cases. I think it will help to stop some court cases from going through now that people can see it in black and white." ❏
Posh patio furniture retailers lay out hot trends for 2012 summer season
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hisk yourself away to a rustic retreat Up North, delight in the balmy breezes of a Nantucket waterfront, or nestle into the charm of a Southern wraparound porch. The possibilities are endless when you buy luxury patio furniture, with which each day can be a blissful "stay-cation" of relaxation and enjoyment of the serenity just outside your own lakefront home. As part of the lakefront lifestyle, many riparians want to showcase their patios and decks so that well-deserved lazy days are spent in elegant comfort while accurately reflecting their own personalities, taste and style. Whether that's relaxing on the lake, taking in the sun as pontoons mosey by, or entertaining friends with poolside margaritas and alfresco dining, outdoor furniture should exude sophistication and deliver comfort. Today, outdoor furniture collections range in style, fabric, design, and versatility. Some popular mediums
used include cast aluminum, wrought iron, vinyl/wicker/rattan, and polished woods. Plush cushions are an added benefit for optimum comfort and style. Upscale and posh patio furniture may be on the pricier side, but the traditionally high-quality custom pieces are often handcrafted and weather-resistant for increased durability. Painted surfaces typically use more than one coat of paint and come with scratchand rust-resistant finishes. Choosing the right outdoor collection that reflects your own taste has never been easier, particularly since so many furniture specialty stores provide topnotch brands and a slew of styles for their varying customers. The southeast Michigan region has no shortage of retailers specializing in the kind of upscale outdoor furniture that allows homeowners to maximize the use of their outdoor space — be it a deck, a patio, or both — with functional style.
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What follows is an overview of some high-end metro Detroit area patio and outdoor furniture stores that can help make your patio or deck an oasis complete with elegant outdoor furniture where everyone feels like they are stepping into a world of luxurious lakefront living. One Oakland County store that has its pulse on the popular and best outdoor furniture on the market is Palm Beach Patio & Casual Furniture, located at 7350 Highland Road in Waterford Township. For 28 years, owner Jane Fedrigo has been catering to area riparians' tastes. "We sell what is functional and durable with attention to aesthetics," she said. "We specialize in American-made products which are longer-lasting." Fedrigo cited tubular inserts as one example. These American-made products are considered superior to China's goods since they are made from heavier construction materials. As far as trends go, Fedrigo says high-end, deepseating collections are classics and appeal to a large stream of customers. "Every year, there are new designs and (there are) ones I savor, like nice curved sofas and sectionals (which) I think are attractive," she said. "Some think these sectionals are contemporary, but we have one that's traditional by Brown Jordan that is very unique, called Day Lily II." She added that motion swivel gliders are gaining in popularity. "These deep-seating gliders and wicker swivel gliders are so attractive and durable that you even put them inside," she said. Fedrigo banks on top-notch manufacturers such as Tropitone, Homecrest, Telescope to deliver the best. "One of the most popular is from Telescope, an American company," she explained. "They are making pieces with marine-grade polymer, a resin material that's unfinished but the color goes all the way through. They make it with the same composite used for boat decks. (It's) a fabulous material." Customers are also moving away from bar-high to balcony-high (counter height) tables. Moreover, glass tables are a trend of the past. "We've come full circle from glass," Fedrigo said. "There are some composites still around like faux stone, but the favored medium is cast aluminum because it's maintenance-free." She added that an earth-tone palette tends to be customers' top pick. "We're still in earth tones and also seeing apple green or spa blue, but starting to see orange as an accent color," Fedrigo said. Palm Beach Patio also lends out its in-house designer to come straight to customers' homes as a consultant. "Customers usually want to buy a complete set for a whole deck, or more than one deck, or a patio when they come in," Fedrigo said. "The lakefront owner
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tends to be more interested in patio furniture because it's used more due to entertaining." In addition, Fedrigo is still seeing fire pits or wood burning stoves as popular accessories. She also notes that her business continues to stay afloat in this difficult economy since people are investing in their homes and staying put. For nearly a decade, Patio Plus Outdoor Furniture in Northville has been providing first-class outdoor furniture that reflects the current market trends. "We sell thicker quality grade with more styles, including more choices on cushions, including colors and fabrics," said Ken Jacobs, who co-owns the store located at 42367 Seven Mile Road. "The products are made from sturdier constructions and we offer a greater variety of inventory. If we don't have it, our customers can order different products." The 5,000-square-foot Patio Plus showroom offers top Michigan-based brands like Lloyd Flanders, which produces primarily wicker and woven resin vinyl products; and Woodard, which specializes in aluminum and wrought iron creations, as well as deep-seating sofas, loveseats, and chairs. Other popular manufacturers include Al-Fresco Home, which specializes in cast aluminum dining sets, deep-seating furniture, and accessories; and Homecrest, known for luxurious deep-seating products. "All are pretty comparable with good warranties and nice products," Jacobs said. "I also look at how well they take care of problems for us and our customers." This year, Jacobs said new resin-type seating — including Adirondack chairs and picnic tables — is immensely popular. "It's made from recycled milk cartons with a 20 year-warranty," Jacobs explained. "The color goes all the way though, it's great for lakefront (homeowners) and it's very durable." Colors range from canary yellow to bright blues to vivid reds, and from lime green to tangerine. Chairs start at $299 and tables start at $800. Jacobs noted that fire pits and propane fire pits are also still in high demand. "They come in a lot of different sizes and varieties," Jacobs said. "Some of the more expensive ones use crushed glass instead of logs. They are pretty neat and reflect the sun, and the fire burns right through it." These accessories range from $899 up to $3,000. Jacobs also said an up-and-coming trend is the waterproof material Crypton, which he said is perfect for lakefront homes. "It's made of soft material that's not only waterproof, but durable and stain-resistant," he said. For deep-seating cushions, he recommends Sunbrella, a material that carries with it a four-year warranty. "It's the best material out there for outside
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cushions," Jacobs said. "It's fade-resistant so you don't have to worry about choosing a vibrant color." For the lakefront customer who already has the goods but the patio needs a little TLC, Casual Refinishing at 15505 Beech Daly Road in Redford Township can help restore old and tired vintage furniture to mint condition for half the price of buying new, high-end pieces. "We're unique because we're the only game in town," said manager Nancy Wallace. "Some people don't realize refinishing can be done." Casual Refinishing begins by sandblasting off the old paint, going right down to bare metal through a state-of-the-art priming and refinishing process that is electrostatically applied, according to Wallace. "We then offer a wide range of colors for repainting and replace common vinyl straps, and things like that." Wallace has been in the furniture business for 24 years, and sees refinishing as a means of protecting a customer's investment. "High-end furniture is an investment," she said. "There's furniture from the 1950s, for example, that lasts so much longer because it's high quality. There's no reason to replace it when you can refinish it." She has seen cases where furniture has been handed down from generation to generation and still has that heirloom quality. It doesn't need replacement — just a facelift. "You can take something outdated and, by changing the color to a new factory finish, it looks like a brand new set," she said. "This is vintage furniture that's well constructed and representative of American-made quality." She agrees with Fedrigo and Jacobs in their assertions that some of the top brands on the market
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The following outdoor furniture stores are a sampling of and accessories: • Casual Concepts, 828 N. Main Street, Rochester. 248-652-1080. • Patio Plus Outdoor Furniture, 42367 Seven Mile Road, Northville. 248-347-6190. • Coastal Outdoor Living Space, 1751 S. Telegraph Road, Bloomfield Hills. 248-758-1400. • Allstate Pools, Billiards, Patio, Hot Tubs & Fireplaces, 30650 Plymouth Road, Livonia. 734-838-6555. • Allstate Pools, Billiards, Patio, Hot Tubs & Fireplaces, 26159 Novi Road, Novi. 248-468-2400. • Casual Refinishing, 15505 Beech Daly Road, Redford Township. 313-533-7720. • Palm Beach Patio, 7350 Highland Road, Waterford Township. 248-666-2880. • English Gardens, 6370 Orchard Lake Road, West Bloomfield Township. 248-851-7506. www.oaklandlakefront.com
today include Brown Jordan; Tropitone; Winston; Woodard; Homecrest; and Telescope. She cites today's popular paint colors as hues of bronze and taupe, but customers are preferring bolder fabric colors. "Reds and oranges have been very popular in just the last few years," she said. "I've been in the industry forever and when I first started out, the popular colors were beige, pewter, bronze and black. But black is still popular today because it's classic." Cushion colors are trending toward vibrant shades of orange, red, blue, and purple. Wallace said that as far as furniture construction is concerned, fabric mesh, which makes up the backs of chairs and cushions, is gaining in popularity. She also noted that deep-seating groups as opposed dining groups tend to sell more. "People want more sofas, love seats, lounge chairs, and conversation tables vs. dining tables, or a coffee table with chairs around it because people like to have an area where they can chat with friends as opposed to having a meal," Wallace said. Aluminum tops the list as the favored table construction material of choice today, according to Wallace. "It's always a better seller because it's light weight, rust-free and maintenance-free," she said. "People are getting away from glass and going with mosaic, marble, granite, or fiberglass." Retailers in the outdoor furniture sector say that the discriminate shopper tends to buy high-end sets that demonstrate their personality and entertaining needs, despite the jump in price from so-called "big box" store merchandise. "Even though the economy has been difficult, there's always a need for quality," Fedrigo said. ❏
metro Detroit area retailers that carry high-quality pieces • Bordine's, 8600 Dixie Highway, Clarkston. 248-625-9100. • Bordine's, 1835 S. Rochester Road, Rochester Hills. 248-651-9000. • Art Van Furniture, 2125 Telegraph Road, Bloomfield Township. 248-454-0900. • Art Van Furniture, 5053 Dixie Highway, Waterford Township. 248-674-4731. • Art Van Furniture, 27775 Novi Road, Novi. 248-348-8922. • Ethan Allen, 275 N. Old Woodward, Birmingham. 248-540-8558. • Ethan Allen, 42845 W. 12 Mile Road, Novi. 248-380-7900. • Ethan Allen, 100 Brown Road, Auburn Hills. 248-393-6600.
OAKLAND LAKEFRONT
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Photo courtesy of Aerial Graphics - Exclusive Images of Every Michigan Lake - 1.616.956.0419 - AerialGRAPHICS.COM
D LAKE
P
ORT OF CALL
Location: White Lake Township Total Water Acres: 134 Lake Type: Natural lake Lake Character: Marsh lake — grassy, clear water Total Shore Length: 5.5 miles Greatest Depth: 72 feet Islands: One Public Access: Yes
I
n December 2010, former Department of Natural Resources (DNR) Director Rebecca Humphries authorized the DNR to acquire a 2.41-acre property that, with the adjacent Aggressive Marine property — which was purchased by the DNR in 2008 — would be used to develop a new Union Lake boating access site at Union Lake and Wise roads in Commerce Township. However, the property still has yet to be purchased by the DNR due to legal entanglements. That's prompting the lake's riparians to request a study on how many boats the lake can safely support.
"The department remains interested in acquiring the Dunnville parcel immediately adjacent to and north of state-owned land on Union Lake Road," said the DNR's Rob Corbett. "At this time the property is held up in bankruptcy court and unavailable for purchase. When the property is released by the court, the department will be interested in completing the purchase." The DNR had hoped to develop this new boating access site because the current one on Union Lake poses traffic and safety concerns. Union Lake Road separates the DNR's existing boat launch ramp and its
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parking area, which creates traffic safety challenges and congestion problems. The current access site is located near Union Lake and Cooley Lake roads. The Dunnville property adjacent to the former Aggressive Marine site includes 12.68 acres — 2.41 acres of upland and 10.27 acres of submerged land — and 400 feet of frontage on Union Lake. The property features paved parking areas, public utilities, and a 3,521-square-foot brick and wood frame building shell that was formerly a restaurant and real estate office. "The department is disappointed that the purchase couldn't be completed in time for boat launch development this year," Corbett said. However, some Union Lake property owners believe this delay offers the perfect opportunity for the department to conduct a study to determine the lake's boat carrying capacity. When the DNR first announced intentions to develop a new Union Lake boat launch, riparians were concerned about the number of parking spots that would be developed. Some reportedly believe there's already enough boat traffic on Union Lake. "I think we need to understand what the carrying capacity of the lake is and then based on that we can determine the amount of use from residents," said Dale Mahrle, the president of the Union Lake Shores Association, a non-profit corporation representing over 1,000 riparian and back lot property owners who have access to the waters of Union Lake. "Then from there, we can make the determination of what is a reasonable amount of parking spaces to go along with the (new) boat launch. By studying the capacity of the lake and the usage of the lake during peak periods, this should give us a number of what a reasonable amount of parking spaces at the developing launch site should be." Mahrle has written a letter to the DNR requesting such a study to be conducted on the lake. He added that there have been issues with boat overcrowding on the water — especially during peak times in the summer, on weekends and holidays. "I think if you talk to the majority of lake residents, you will find that they don't really use boats much on the weekend or holidays because of crowded conditions on the lake," he said. Fortunately, there have been no recent accidents, according to Mahrle. www.oaklandlakefront.com
Yet, he said he believes now is an opportune time for the DNR to conduct a carrying capacity study. "The DNR's option to purchase the Dunnville property has long since expired," he said. "Right now they have a window of opportunity to take a look at this and make an intelligent decision as to what should be done in terms of development of the new boat launch. We're not suggesting more or less parking spaces. We're just asking the DNR to an make intelligent decision, to see what the lake can support." The money to develop this and other statesponsored boating access sites comes from the Michigan State Waterways Fund, not the state's general fund. The Waterways Fund revenue is derived from boat registrations, marine fuel taxes, and user fees. By law the fund is restricted to uses related to land acquisition and developing and maintaining waterway facilities and operations. The DNR wanted to purchase the so-called Dunnville parcel in addition to the Aggressive Marine site because there were concerns that the 1.68-acre Aggressive Marine property would be insufficient to provide enough parking spaces at that site, especially considering the site's configuration. The number of parking spaces was also the main concern of Union Lake residents at a public hearing the DNR held on the access site project. However, it's not a lack of parking spaces that worries the residents so much as too many. Many residents wanted confirmation that 32 — and only 32 — parking spaces would be developed. They believed that there is already enough boat traffic on Union Lake. Although local DNR officials couldn't confirm that the site would only have 32 parking spaces, an official did say, "We are not interested in adding more than 32 parking spaces. We want boaters to have a quality recreational experience; we do not want to make it worse." For now, it seems as if the DNR plans to keep the parking spaces the same. Mary Dettloff, a spokesperson for the department, said, "The director wants the Recreation Division staff to continue working with the locals to make sure the new boat launch will not be any bigger than the old one." ❏ OAKLAND LAKEFRONT
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FENDING OFF ASIAN CARP
Great Lakes Commission report recommends strategy that could cost up to $9.5 billion By Angela Niemi
T
he advance of exotic Asian carp toward the Great Lakes continues to draw attention and prompt concerns, as an invasion of the Great Lakes basin could create an ecological and economic disaster for the region. As such, the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative released strategies at the end of January on how to prevent an Asian carp invasion of the Great Lakes by modernizing the Chicago Area Waterway System (CAWS). Keeping the invasive Asian carp out of the Great Lakes is considered a crucial step in making sure they don't end up in Michigan's inland waterways. "Physically separating the Great Lakes and Mississippi River watersheds is the best long-term solution for preventing the movement of Asian carp and other aquatic invasive species, and our report demonstrates that it can be done," said Tim Eder, executive director of the Great Lakes Commission. Concerns about Asian carp invading Lake Michigan grew in 2010 when the first live Asian carp, a Bighead carp, was caught beyond electric barriers in Illinois' Lake Calumet, just six miles from Lake Michigan. Asian carp, first imported to control algae in fish farms along the Mississippi River, escaped during a flood event in the 1990s. Since then, the carp have moved quickly up the Mississippi River and into the Illinois River, the Des Plaines River, the Chicago Sanitary and Ship Canal, and the Calumet-Sag Channel. Asian carp can weigh up to 100 pounds, grow to a
length of more than 4 feet, and, on average, eat up to 20 percent of their body weight in food each day. They are also extremely prolific and therefore pose a major economic concern as they would outcompete other Great Lakes fish species. Michigan's fishing industry is estimated to bring in about $7 billion each year. Should the Asian carp get into the state's inland lakes, especially in an area like Oakland County, their impact on the inland lakes' ecosystems could be devastating, as well. "When it comes to the spread of Asian carp, we are very concerned about inland waters. (Asian carp) can spread from the Great Lakes (into inland waters) just by moving naturally up the waterway. And we know that Asian carp do very well in small inland waters. While a spawning population may not be produced in such waters, if a number of them occupy the inland lake, it could disrupt that system's food web," said Tammy Newcomb, a research program manager in the state Department of Natural Resources' (DNR) Fisheries Division. recent report from the Great Lakes Commission, which is available at www.glc.org/caws, details three Mississippi River and Great Lakes watershed separation alternatives. They include a single down-river barrier between the confluence of the Chicago Sanitary and Ship Canal and the Cal-Sag Channel and the Lockport Lock; a mid-system alternative of four barriers on CAWS branches between Lockport and Lake
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Michigan; and a near-lake alternative of up to five barriers closest to the lakeshore. ccording to the report, the total cost of one of these projects varies between $3.2 billion and $9.5 billion, depending on the improvements needed to address water quality, flood prevention, and transportation. The construction of the barriers themselves could cost as much as $109 million. Michigan Attorney General Bill Schuette, who by statute serves on the Great Lakes Commission, praised the speed with which the study was conducted. "Asian carp are knocking at the front door of the Great Lakes, so we simply do not have until 2015 to complete a study. We need to get started separating these two bodies of water as soon as possible," Schuette stated in a press release. "The Great Lakes Commission accomplished in months what the Army Corps (of Engineers) hasn't been able to do in years. With thousands of jobs and a spectacular ecological resource at stake, we can no longer afford to wait for the federal government." The DNR recently received good news in the fight against Asian carp, as new test results were negative for environmental DNA (eDNA) from either Bighead or silver carp in waters located in southwest Michigan. eDNA is a genetics tool developed by researchers at
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Notre Dame and the Nature Conservancy which detects the presence or absence of species-specific DNA in an aquatic environment, such as the cells shed by Asian carp through their feces, urine, mucus, and gills. Between Sept. 15 and Oct. 5 last year, researchers from Notre Dame and the Nature Conservancy collected 74 water samples from the Galien River, in addition to 122 samples from the St. Joseph and Paw Paw rivers, each located in southwest Michigan. All samples were negative for Asian carp DNA. "This is great news for Michigan, but by no means should we relax our stance on Asian carp and the threat they pose to the Great Lakes Basin," said Office of the Great Lakes Director Patricia Birkholz. "An ecological separation of the Mississippi River and the Great Lakes remains imperative to our goal of keeping this invasive species out of Michigan waters." "Just because we have good news doesn’t mean we should relax our position at all," said DNR Spokesperson Mary Dettloff. The team at Notre Dame will continue to collect and analyze over 400 water samples from Michigan waters. Samples will be taken from the Grand, Raisin, Belle, Black and Pere Marquette rivers to monitor for the presence of Asian carp DNA. ❏
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waterway levels
Following are the waterway level readings for lakes and rivers across Oakland County, as compiled by personnel in Oakland County Water Resources Commissioner John P. McCulloch’s office. Legal levels are denoted by elevation in feet from sea level. Current (one month prior to press time) levels are denoted both in elevation from sea level and as plus or minus the legal level in hundredths feet. Prior year elevation from sea level is provided as a comparison. River depths are measured from the river bottom, at the point of measurement.
LAKE Angelus
LEGAL LEVEL 950.00
3.16.12
+ OR -
949.98
–.02
PRIOR YEAR
NOTES & REMARKS
950.24
Bevins
909.90
910.99
+1.09
911.21
Big
1016.70
1017.69
+.99
1017.66
Winter Lvl: 1016.70
Bunny Run
965.45
965.90
+.45
966.23
Winter Lvl: 965.45
Bush Lake
913.60
913.75
+.15
913.43
Cass
927.87
928.83
+.96
928.98
Cedar Island
933.50
933.98
+.48
934.05
Cemetery-Dollar
Winter Lvl: 927.87
968.00
968.50
+.50
968.80
Clinton River
2.10
3.77
+1.67
3.82
Commerce
906.30
907.35
+1.05
907.36
Crystal
917.00
917.30
+.30
917.40
7) Winter Lvl: 917.00
Dawson Mill Pond
927.25
927.49
+.24
927.65
6) Winter Lvl: 927.25
Duck
1016.13
1016.43
+.30
1016.54
Fox
929.50
930.48
+.98
930.52
Huron River
1.08
1.90
+.82
1.74
Indianwood
992.12
992.75
+.63
992.89
Lakeville
951.80
952.00
+.20
952.04
Long (Commerce Twp.)
932.50
932.68
+.18
932.59
2)
5) Winter Lvl: 992.12
Loon
948.80
949.58
+.78
949.70
2), 3)
Louise-Huff
961.77
961.91
+.14
961.92
8)
Middle & Lower Straits
930.40
930.38
–.02
930.51
Mohawk
948.80
949.68
+.88
949.92
Oakland-Woodhull
957.00
957.42
+.42
957.68
Orchard
930.20
930.41
+.21
930.47
Oxbow
942.00
942.81
+.81
942.72
Oxford-Multi
1017.48
1017.60
+.12
1017.92
Pontiac
962.83
962.75
–.08
963.80
Schoolhouse
948.80
949.60
+.80
949.83
Scott
951.00
950.06
–.94
949.29
Sylvan-Otter
927.25
927.66
+.41
927.92
Tipsico
1015.25
1,015.20
–.05
1015.25
Union
926.66
926.70
+.04
926.74
Upper Straits
930.80
931.22
+.42
931.15
2), 3)
1) 2), 3) 6) Winter Lvl: 927.25
Van Norman
966.20
966.46
+.26
966.62
2), 4)
Walled & Shawood
932.10
933.05
+.95
932.02
Winter Lvl: 932.10
Watkins
949.50
949.60
+.10
949.60
Waumegah
1049.40
1049.43
+.03
1049.37
White
1018.60
1019.12
+.52
1019.00
Williams
964.92
964.95
+.03
965.12
NOTES: 1) Oxford-Multi includes: Cedar, Clear, Long, Squaw, Mickelson & Tan Lakes. 2) Waterford-Multi (WML) includes: Cemetery (Middle), Dollar, Greens, Maceday, Lotus, Lester, Van Norman, Williams, Mohawk, Wormer, Schoolhouse, Silver, Upper Silver and Loon Lakes. 3) The Loon Lake control structure also controls Mohawk, Wormer, Schoolhouse, Silver and Upper Silver Lakes. 4) The Van Norman control structure also controls Greens, Maceday, Lotus and Lester Lakes. 5) Lake Angelus, Huron River and Clinton River levels not under the jurisdiction of this office. 6) The Dawson Mill Pond and Sylvan-Otter Lakes are controlled by the Price Dam. 7) Crystal Lake is controlled by the Walter Moore Dam. 8) Lake Louise and Huff Lake are controlled by the Ruth Johnson Dam.
2)
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