Published: November 08, 2009 08:15 am      

Week In Review: 11/08/2009

ANTRIM

Elk Rapids reacts to murder charge

ELK RAPIDS -- Nearly everyone is familiar with Anne Avery-Miller and the crime she allegedly committed, an unthinkable act that appalled, yet captivated residents of this quiet, Lake Michigan community.

Nearly two years ago -- on Nov. 7, 2007 -- Avery-Miller's son Sam Avery, 16, died in his home of a gunshot to the head. His mother called it suicide, but investigators suspected murder.

On Tuesday morning, authorities arrested and formally charged Avery-Miller, 39, with an open count of murder for her son's death. She's held without bond in the Antrim County Jail following a twisting, turning, two-year probe.

News of her arrest surged through the village, and came as a relief to residents who've long argued and gossiped over the case.

"It's just a real negative thing. There's nothing positive," said Laura Kohl, manager of Elk Rapids Wine Shop. "It's toxic for a community to have that type of thing hanging over it." Thirteenth Circuit Court Judge Philip E. Rodgers, serving as a one-man grand jury, indicted Avery-Miller after five days of grand jury proceedings ended last month. Police apprehended Avery-Miller outside her Williamsburg home Tuesday morning. A Nov. 16 pretrial hearing is scheduled in 13th Circuit Court.

The arrest likely doesn't surprise many in Elk Rapids, Kohl said.

"From what I hear, I think most people saw it as being suspicious," she said. "Of course, they don't want to believe she did it; It's horrific, but all of it seemed suspicious from the beginning."

BENZIE

Former administrator sues over dismissal

BEULAH -- Former Benzie County Administrator Chuck Clarke sued his ex-employers, and alleged commissioners fired him in violation of his contract.

Clarke, 61, served as administrator from 1998 until August, when commissioners ousted him. The multi-count suit, filed on Clarke's behalf by Beulah attorney Dennis Swain, alleges breach of contract, denial of due process and violation of a law designed to protect military veterans.

Clarke filed a protest with the county shortly after his termination. He contends the Michigan Veterans Preference Act required the county to hold a hearing before firing him because he is a United States Marine Corps retiree.

Benzie Prosecutor John B. Daugherty determined the law didn't apply to veterans who serve as department heads, and rejected Clarke's protest.

Clarke's suit contends the law applies to him, and states commissioners violated his rights by not holding a hearing before firing him. They also fired him "without notice and without cause," according to the suit, an alleged breach of Clarke's employment contract.

The suit demands Clarke be reinstated and paid wages dating to his August termination, or given pay and benefits he would have received through the expiration of his contract on Sept. 30, 2010.

Clarke couldn't be reached for comment, and Swain declined comment.

The county isn't surprised by the suit, county attorney Richard Figura said.

"At the time he was terminated, his attorney indicated there would probably be litigation; everybody anticipated that," he said. "My position hasn't changed -- I don't think he was covered by the veteran's protection act, and I don't think the county did anything wrong in his termination." Clarke came under fire this year after a citizen alleged he may have violated the state Freedom of Information Act, and prior to that drew scrutiny for his handling of a telephone bid contract in which he acknowledged violating the county's sealed bid process.

GRAND TRAVERSE

Flu-stricken schools reopen

TRAVERSE CITY -- Sleeping in has become routine for Kendra and Shelby Harris.

The Harris twins, sophomores at Traverse City Central High School, caught up on sleep last week after a suspected swine flu outbreak forced officials to shut down school.

"It's nice not having to worry about homework and tests," said Shelby.

But the girls, 14, had to readjust to the 6:30 a.m. buzz of their alarm clock today as thousands of students returned to school after a week-long recess.

Traverse City, Kingsley and Benzie County's public school districts reopened Tuesday, and officials soon will find out whether the decision to close helped curtail the flu bug.

"We have no idea what to anticipate this week," said Alison Arnold, TCAPS spokeswoman.

Arnold received calls from some parents who said the additional time away from school helped their children kick the flu.

But just because schools are reopening, it doesn't mean the flu bug has disappeared.

"We're not over the hump yet," Arnold said. "This isn't the end of the epidemic." Some schools that reopened Monday experienced an impact from last week's closure.

Seven students called in sick Monday at Traverse City College Preparatory Academy, a charter high school in East Bay Township. School officials decided to shut down last Tuesday after 38 students were absent.

"It seems like the closure has helped," said school leader Marguerite Forest.

GT County to discuss septage tax

TRAVERSE CITY -- Residents concerned about Grand Traverse County's plan to tax septic tanks will get a chance to voice their thoughts.

A proposal to replace a 12 cents per-gallon charge to treat septage with an annual property tax assessment of $44 on all septic tanks will be presented to each township during their regular meetings in November and December.

The county's Septage Finance Committee formulated the proposal and wants to explain its rationale -- while getting reaction from residents before presenting a final recommendation to the Grand Traverse County Board of Public Works.

Judy Houts, Fife Lake Township's clerk, said she understands the county's rationale, but remains undecided about the tax.

"Aren't we all opposed to additional taxes," Houts said. "Sometimes we've got to bite the bullet, but I don't know yet if this is one of those times." A study completed by accounting firm Plante & Moran in 2008 recommended an assessment to address an expected $2.4 million deficit at the plant over the next five years. The plant takes in less than half the volume and costs almost twice as much to operate than projected when plant construction was proposed to the townships in 2003.

The BPW this year commissioned an investigation into the engineering firm and project manager who were responsible for the projections. It also hired another engineering firm to review changes in plant design that may lower costs.

2 newcomers, incumbent elected to TC board

TRAVERSE CITY -- City Commissioner Deni Scrudato lost her bid for re-election as voters ousted her, kept another commissioner and seated two newcomers.

Voters cast the most ballots for challengers Michael Gillman and MaryAnn Moore, who received 1,803 and 1,757 votes, respectively. Incumbent Commissioner Jody Bergman kept her seat with 1,729 votes and Scrudato received 1,065, losing to her fellow incumbent by 664 votes.

"I am surprised and a little disappointed. But I believe in the democratic system and the voters have spoken. So be it," Scrudato said after Tuesday's election results came in. "At least now I can pick and choose my battles." Some Traverse City voters discussed Scrudato as they left polling places.

Terry Knott said he wants city leaders to support the tax base and grow businesses in Traverse City. He did not vote for Scrudato because he doesn't believe the city is better off for her involvement, he said.

"I think she stands in the way of progressive issues that I support to enhance the tax base," Knott said.

Others disagreed, though.

"I voted for Deni Scrudato because I feel despite some of the flack she's gotten for some comments, she's done a good job fulfilling the values of the city. I wanted to make sure to vote for her," said Mitchell Treadwell.

TCAPS board gets fresh faces

TRAVERSE CITY -- Traverse City's school board will welcome two new members in January, and an incumbent will retain his seat.

Newcomers Julie Puckett and Kelly Hall won four-year terms on the board, earning 4,892 and 4,842 votes, based on unofficial results reported Tuesday night. Their terms begin in January 2010.

The results don't include some voters from Leelanau or Benzie counties who voted in Traverse City's school board races.

Incumbent Gary Appel, who was appointed to fill a vacancy in January, beat challenger Diane Viskochil for a partial term to expire in December 2012.

Appel earned 6,008 votes to Viskochil's 2,881, according to the unofficial results.

Puckett and Hall topped three other candidates for the full terms, including Julie Davis, Mary Ufford Manner and incumbent Suzann Brooke.

Puckett said she wasn't nervous Tuesday because there was nothing more she could do to reach voters.

"I'm very excited and thrilled," she said. "It's kind of what we worked for since August. It just reinforced the good work we were doing."

Voters reject Acme, East Bay road millages

TRAVERSE CITY -- Residents in East Bay and Acme townships will continue to live with pothole patches after voters rejected matching millage requests in both townships to fix local roads.

The proposed road millages were to be one mill for five years. The tax would have raised an estimated $500,000 in its first year for East Bay Township and $317,000 in Acme Township. Acme voters rejected the new tax 709 to 535, while East Bay Township rejected their version 1,539 to 717.

"I'm very relieved, because a lot of people who can't afford it aren't going to have something forced on them," said Debbie Luhrs of East Bay, a millage opposition leader. "I'm also excited, because in a low-turnout election people got out, got involved, and stood up for themselves." Clerks in both townships said the road millage significantly boosted turnout for a Traverse City Area Public Schools board election.

Acme's turnout was 41.5 percent while East Bay came in at about 26.5 percent.

Renee Kaufman, a co-leader of the Fix Our Roads Committee that promoted the millage campaign, said her committee volunteers were disappointed, but proud they ran "a positive campaign that got the word out to everyone." "We're celebrating our accomplishment," Kaufman said. "We did the right thing, we took it to a vote, and we're glad because it's the democratic way."

Officials confirm cougar evidence

TRAVERSE CITY -- A photograph and tracks found recently in the Upper Peninsula have rekindled a debate over whether Michigan has an established, breeding cougar population.

The state Department of Natural Resources on Wednesday confirmed the authenticity of a cougar photo taken by a trail camera last month in eastern Chippewa County. The DNR also verified the discovery last week of cougar tracks in that area, near the village of DeTour.

Another set of tracks was spotted this week about 110 miles west, near Gulliver in Schoolcraft County, the department said.

It was not clear whether the same cat made both sets, said Kristie Sitar, a wildlife biologist and member of the DNR's cougar team. Mountain lions range widely and would have no trouble covering the distance between the tracks, she said.

"It could easily be the same animal or a couple of different ones," Sitar said.

Taken together, the evidence led the DNR to confirm for the fourth time in recent years the presence of at least one cougar in Michigan. All have been in the U.P. The most recent find was the first in the eastern side of the peninsula, Sitar said.

People have reported numerous other sightings in the Lower Peninsula as well as the U.P., but the DNR hasn't confirmed those. One of the latest came on Labor Day, when a man snapped a picture of what he believed was a cougar near Glen Lake in Leelanau County. A DNR official said it was probably a house cat.

The department's long-held position is that while a handful of cougars may be in Michigan, they are former pets released into the wild or loners that have migrated from established populations in the Dakotas or farther west.

Feil's TCAPS contract up for renewal soon

TRAVERSE CITY -- There's no denying that the budget will be a predominant topic at Traverse City school board meetings next year.

But the board will have to contend with another pressing issue shortly after members-elect Julie Puckett and Kelly Hall take office in January: Superintendent James Feil's contract will be up for renewal.

School boards are responsible for hiring superintendents. Feil was selected in 2005 to replace retiring school chief James Pavelka.

Only one member of next year's board, Alice McNally, remains from the group who hired Feil.

Existing and incoming members say the perspective change that comes with an evolving board is an ideal launching point to discuss the district's future -- and that could include its leader.

"Any time a contract expires, it's always a good time to look back and look forward," said Puckett, who won a four-year term Tuesday. "The board that's going to be deciding in December is going to look vastly different than the board that's going to be deciding in January." Feil and board members are developing an evaluation tool that will send surveys to various community groups, including parents and employees, to gather new insight about his leadership style.

Informal quarterly reviews have been held all year and a formal written review will be completed next month.

Praise and grumbles for Estes as term ends

TRAVERSE CITY -- Traverse City Mayor Michael Estes leaves office Monday, two years after he promised to listen to voters and change the course of local government.

His active, engaged style differed from that of predecessor Linda Smyka, whom he handily defeated in 2007, and he garnered praise from some for his budget-cutting efforts and grumbles from others who lost long-held influence when the Estes-led commission took control.

Estes, 59, did not seek reelection. Mayor pro tem Chris Bzdok wasn't challenged in Tuesday's city commission vote and will succeed Estes on Monday evening.

"It was a lot of fun. I met a lot of great people and was able to institute some of the changes I wanted," Estes said.

His accomplishments included increased city spending on streets and sidewalks, efforts to reduce city costs, progress toward Boardman River dams removal, plans to improve public facilities at the city's bayfront, and efforts to restrict both bayside boat-mooring areas and smoking in city parks, Estes said.

Kirt Kilbourne, chairman of a Traverse City citizen's group that studied government spending and operations, lauded the Estes commission's decision to pump more money into streets and sidewalks.

"That was a big deal and that needs to continue because Traverse City taxes are quite high," Kilbourne said.

Estes occasionally was "a little too frank," though always sincere, Kilbourne said.

City Planning Director Russell Soyring gave Estes good marks, particularly for working toward a "walkable community" that featured safe streets, bicycle lanes and transit stops.

"He was a strong advocate for that and the waterfront plan. He definitely wanted to get things done and not just talk about fixing our broken streets and sidewalks," Soyring said.

LEELANAU

Union files grievance over deputies' firing

SUTTONS BAY -- A union representing two Leelanau sheriff's deputies filed a grievance contending their recent firings were "unjust," the latest incident of discord that's pitted officers against administrators and caught the eye of civil rights advocates.

Leelanau County Sheriff Mike Oltersdorf recently terminated Sgt. James Kiessel and Deputy Duane Wright for allegedly "abusing their power" during a recent traffic incident.

Kiessel and Wright allegedly improperly arrested a county man at his house last month while investigating a traffic accident that involved his son.

The incident came on the heels of the American Civil Liberties Union's contention that deputies illegally entered Leelanau County homes on at least five separate occasions from mid-2007 through this summer in search of underage drinkers.

"I've got to hold the deputies responsible for their actions," Oltersdorf said. "If I do nothing based on the deputies' actions, then the community gets upset. I can't win and keep everybody happy." Michael Dettmer, a Traverse city attorney who represents Kiessel and Wright, contends they contacted a witness and verified the vehicle's damages prior to visiting the owner's home.

On Wednesday, Kiessel and Wright responded by filing a grievance with the Police Officers Association of Michigan, alleging Oltersdorf retaliated against them for a prior complaint they filed against the department.