ANTRIM
Alba deep-injection well blocked indefinitely
ALBA -- A new deep-injection disposal well won't be drilled near this Antrim County community, at least not anytime soon.
A circuit court judge indefinitely blocked an energy company from drilling such a new well in Antrim County's Star Township. By doing so, he closed the book on a lawsuit filed by the county, township and environmental group Friends of the Jordan River Watershed.
Meanwhile, an environmental consulting company will organize a stakeholders' group to review and discuss the cleanup project and alternatives.
"I think it represents a triumph of science and social justice and just plain common sense," said John Richter, president of the Jordan Friends group.
Antrim County, Star Township and environmentalists last year filed suit in Antrim and Ingham counties to halt efforts to use a disposal well near Alba as part of $140 million cleanup efforts at the Bay Harbor luxury resort community near Petoskey.
They argued tainted water might leak into the Jordan River watershed and cause possible ecological problems.
Water laced with mercury was intended to be pumped deep underground at the Alba well site, a disposal method approved by state and federal regulators last year. The contaminated water comes from water runoff over buried kiln dust from a former cement factory at Bay Harbor.
Teen's death is called a homicide
ELK RAPIDS -- A forensic pathologist deemed an Elk Rapids teen's 2007 shooting death a homicide, but the county prosecutor isn't ready to issue criminal charges.
Authorities found Sam Avery, 16, dead of a single gunshot wound to the head inside his U.S. 31 home the afternoon of Nov. 7, 2007. Avery, a junior at Elk Rapids High School, lived there with his mother, Anne Avery-Miller.
Grand Rapids-based forensic pathologist David A. Start recently ruled the death a homicide, though Antrim County Prosecutor Charles Koop said the homicide determination isn't enough evidence to issue charges.
"Any time you decide to charge someone with a felony, you better be sure you can to prove it beyond a reasonable doubt," Koop said. "Homicide is the most serious crime a prosecutor can make a decision on."
Koop and other investigators won't release details about a handgun recovered from the scene or other potential evidence, nor will they name a suspect. Avery-Miller and her friends contend she's considered the suspect.
Start declined comment. Koop wouldn't say why Start ruled the death a homicide or why the decision took so long, though he said the location and proximity of a gunshot helps a medical examiner make a decision.
BENZIE
Lawyer: Joni Holbrook 'victim and survivor'
The attorney for a woman accused of shooting her husband in Benzie County said his client was subject to an "overwhelming amount of abuse" throughout their marriage, but still refused to provide details.
Jesse L. Williams represents Joni K. Holbrook, who remains in custody on an open count of murder in the Aug. 10 shooting death of Michigan State Police Sgt. Melvin P. Holbrook.
Williams called Joni Holbrook "a victim and a survivor" at a press conference on Tuesday. He said his office is conducting its own investigation into the shooting, but wouldn't say what he hopes to discover or provide details of the alleged abuse.
"We're not going to comment on that at this point," Williams said. "We're standing behind her, and we're not going to comment on her defense."
Williams previously characterized the abuse as physical, mental and sexual in nature. Williams would only reference Melvin Holbrook's occupation when asked if Joni Holbrook ever reported the alleged abuse.
"It's pretty common knowledge that her husband was a state trooper ... take it for whatever you want; her husband was a state trooper," Williams said.
GRAND TRAVERSE
No bacteria problems at bay's beaches
TRAVERSE CITY -- It's been a swimming summer in Grand Traverse Bay, at least in terms of water quality.
After high bacteria readings at two bayside beaches last year and four in 2007 prompted public health advisories that left the beaches largely barren, public health officials said there's been no such problems so far this summer.
"It's great news. We're a freshwater community. Our economy is based on this incredible water resource we have here and people need to know it's clean," said Andy Knott, executive director of the Watershed Center Grand Traverse Bay.
Officials can't point to any one thing that's kept bacteria outbreaks in check this season, but there have been a host of efforts to improve water quality and monitor the beaches. The efforts seem to be helping, officials said.
"The bay is our bread and butter here and we want to improve or maintain it whenever we can," said Tom Buss, director of environmental health for the Grand Traverse County Health Department.
County to cover up to $500K for septage
TRAVERSE CITY -- Five township supervisors can put away the antacid -- Grand Traverse County will cover up to a $500,000 shortfall at the septage treatment plant.
The decision put a premature end to what's become an annual bout of high anxiety for the five townships on the financial hook for any losses at the plant.
Grand Traverse County has reluctantly covered the shortfalls since the plant first opened in 2005, but each year county commissioners have threatened to force the townships of East Bay, Acme, Garfield, Peninsula and Elmwood to ante up instead.
The plant tends to fall short of cash when bond payments come due in the fall. The plant will need $455,000 to make a Nov. 1 bond payment.
This year East Bay Township Supervisor Glen Lile made an anticipatory strike, requesting a credit line of $500,000 before anyone determined the expected shortfall.
"I wanted to get this thing right behind us so we can move on and we don't have to worry every time a payment comes due," Lile said.
The township supervisors occupy five of seven positions on the county Sewer and Water Committee that oversees the plant.
County commissioners voted 6-2 Tuesday night to recommend they approve the cash advance. They'll take a final vote on Aug. 26.
Commissioners Ross Richardson and Christine Maxbauer voted no.
Residents complain of odor near plant
TRAVERSE CITY -- Odor problems from Traverse City's wastewater treatment plant are again raising a stink.
Residents and businesses near the sewer plant on the north end of Boardman Lake said they've noted a foul stench in the area on regular occasions in recent weeks, prompting city commissioners to briefly air the issue at their regular meeting Monday night. "Everybody has very much noticed it. Two people told me they've walked outside and were slammed with it," said Elizabeth Whelan, Boardman neighborhood president.
Both neighbors and city officials said the odor problems have been more frequent this summer. Depending on the wind direction, neighbors said the smell can be overpowering.
"It's actually a big problem because it comes into the kitchen here through the pipes and the vents," said Michelle Sibbald, an employee at Eurostop, a cafe on Railroad Place not far from the plant. Customers sometimes mention the bad smell when it's noticeable at the eatery, she said.
The sewer plant underwent a $30 million overhaul about five years ago, and two summers ago the city approved a $147,526 contract for odor control work on the plant. The odor work completed two years ago was done by Arms & Cole, of Traverse City, headed by then-city Commissioner Scott Hardy, who said Tuesday he hasn't been contacted about the most recent complaints.
TCAPS to begin talks with unions
TRAVERSE CITY -- Two more employee groups in Traverse City Area Public Schools will begin to negotiate new contracts.
Administrators are working to schedule a date with members of the Traverse City Administrators' Association, which represents building principals. Their two-year deal expired June 30.
And the Traverse City Transportation Association, without a new agreement since June 30, 2008, intends to begin bargaining before the end of the calendar year, the group's president said.
Both units are working under their previous contracts.
Members of the Traverse City Education Association represent teachers, social workers, counselors and nurses, and started bargaining a year ago to replace a one-year agreement that expired Aug. 31, 2008. Mediation is scheduled for Aug. 25.
"It's not uncommon that some of the bargaining units will want to suspend negotiations until the teachers' contract is complete," said Christine Davis, executive director of human resources.
"We have worked closely with (TCTA) on day-to-day issues that have arisen," Davis said. "We have not begun formal discussions."
TC board rejects proposed resident poll
TRAVERSE CITY-- A proposed resident survey on city services didn't garner much of an opinion from city commissioners, who failed to approve a $15,000-plus no-bid contract to complete one.
Commissioners rejected the idea in a 3-3 vote Monday night. The survey, proposed by city staff and a subcommittee of city residents to be completed by Northwestern Michigan College, was designed to gauge residents' opinions about city services. But critics described it as a "vanilla" effort that would provide little helpful information.
Commissioners Chris Bzdok, Jim Carruthers and Mayor Michael Estes voted against the survey, while Commissioners Jody Bergman, Barbara Budros and Ralph Soffredine supported the measure. Commissioner Deni Scrudato was absent.
"I oppose surveys in general. I don't think they accomplish things," Estes said. "I really don't see it as a valuable tool."
Elections are better to determine citizen opinions, he said.
The survey included questions about city tax rates and value of services, police and fire services, satisfaction with city departments, parks and beaches, street repairs, and several other city services. Questions called for answers on a five-level scale: very satisfied, somewhat satisfied, neither satisfied or dissatisfied, somewhat dissatisfied and very dissatisfied.
Police seize medical marijuana plants
RAPID CITY -- Police swooped in and confiscated several marijuana plants from a man after a local weekly newspaper wrote about him growing marijuana for medical use.
The Grand Traverse County-based Northern Express on July 27 ran a story about Kalkaska County resident Archie Kiel and others who grow and use marijuana.
Kiel, who lives on the outskirts of Rapid City, is authorized to grow marijuana for himself and two patients under Michigan's recently approved medical marijuana laws.
But officers with the state police-led, multi-jurisdictional Traverse Narcotics Team arrived at Kiel's house last week and seized about half of his nearly 70 marijuana plants. Authorities told him photos in the Northern Express revealed he had more than he was authorized to grow, Kiel said.
Kiel, 48, is allowed to have 12 plants for himself and 12 more for each of his patients, he said. He contends the remaining plants were intended for patients who hadn't yet obtained medical paperwork to permit them to use marijuana, but were in the process of doing so.
"I was totally trying to stay legal in every way, shape and form ... I'm trying to stay legal and take care of my patients," he said.
TNT Commander Lt. Kip Belcher wouldn't comment. Kalkaska County Prosecutor Brian Donnelly said he and Belcher discussed seizing all of the plants, but weren't comfortable going that far.
Area schools focus on swine flu prevention
TRAVERSE CITY -- Dawn Hippensteel thinks she'd worry more about the new swine flu strain if she were pregnant.
She isn't, so she's not among the government's priorities for a vaccine to be released this fall. But her three children, especially the two who start school in a few weeks, are on the list.
Local medical professionals and school administrators are preparing for the possibility that the H1N1 influenza strain will resurface -- and more seriously, at that -- by stressing personal hygiene and contemplating whether to open flu-shot clinics in area schools.
Even so, Hippensteel said, in her eyes it's almost as risky to try a new vaccine for an illness in its infancy than it is to forgo immunization altogether.
"That's a concern to me, and I don't know if I'd do it or not," said Hippensteel, of Traverse City. "I'm not saying I wouldn't, but I won't be the first one in line."
Health personnel met with the region's school superintendents this week to begin talking about how they will respond to an outbreak of a virus that, so far, has been milder than expected.
Grand Traverse County has had six confirmed cases of the H1N1 virus. Two more recently were suspected, but not confirmed, said Fred Keeslar, director of the Grand Traverse County Health Department. One case was confirmed in Benzie County.
A vaccine could be ready by mid-October. A second dose likely will be required within a few weeks of the first.
City delays Division Street ballot decision
TRAVERSE CITY -- An eleventh-hour letter from the Michigan Department of Transportation caused Traverse City commissioners to delay a decision -- at least for the weekend -- on whether to ask voters for permission to capture park land right-of-way for a Division Street overhaul.
MDOT must complete an up to 18-month study under federal law to compare various design alternatives before any construction can be considered for Division Street, also known as U.S. 31. Until Thursday, city leaders thought they couldn't submit a design for consideration in the study.
That changed with a letter from Risë Rasch, MDOT's Traverse City transportation center manager. Now MDOT is willing to begin the study with a local conceptual design in mind, the letter said.
But there is no guarantee MDOT would adopt the city's submission, said Mayor Michael Estes. Voters could review the city's design prior to the November election, if it's completed in time, but the suggestion may not become the final plan, he said.
A city design created from public input would cost the city $9,200 with the Land Information Access Association, a Traverse City-based nonprofit.
The fresh information caused commissioners to pause at their Thursday meeting.
Referee steps down as investigation goes on
TRAVERSE CITY -- A 13th Circuit Court family division referee is expected to resign today amid an ongoing criminal investigation.
Circuit Judge Tom Power said Dennis Mikko was placed on leave Aug. 14 after he and Family Court Judge David Stowe learned he was the subject of a criminal investigation by the Grand Traverse Sheriff's Department.
Mikko, 53, was expected to submit a letter of resignation Friday, Power said.
Grand Traverse Prosecutor Alan Schneider wouldn't comment on the nature of the investigation.
"Some activities of Dennis Mikko are being investigated by the sheriff," Schneider said. "When that investigation is completed, information regarding the nature of the investigation will be forthcoming."
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