LAKEFRONT 4.2011

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contentsApril 2011 • Volume 20 • Number 1

88Mute swan song?

In addition to their undeniablebeauty, mute swans have an

aggressive and territorial nature thathas prompted state DNR officials to

change the way Michigan managesthe mute swan population.

16 Less grog for skippersA bill that would lower the blood-alcohol level atwhich a person operating a boat is consideredintoxicated has been introduced in the stateHouse.

21 Snyder splits DNRE in twoNot even a full year after the state Department of NaturalResources and Environment (DNRE) was created, newly-elected Gov. Rick Snyder signed his first executive order,splitting the department into two agencies.

28 Walleye revivalThe DNR is preparing to return its fishhatchery production of walleye topast levels, after scaling back walleyeproduction and stocking in recentyears due to the emergence of viralhemorrhagic septicemia.

35 Riparians prevailThe Michigan Supreme Court hasreaffirmed a century of case lawensuring riparian rights for those whoown property on the opposite side of aplatted roadway running parallel to alake shoreline.

31 Great shakes The APBA National Inboard HydroplaneChampionships will be held in Michiganfor the first time in 42 years as part ofthe 12th annual Quake on the Lakeevent being held on Pontiac Lake inWaterford and White Lake townships.

40 Controlling watercraft accessThe Orchard Lake City Council has adopted a boat ordinanceamendment to appease riparians on three lakes the city abuts, aftermonths of deliberation.

43 No more phosphorus for usA new Michigan statute prohibiting the use of fertilizers containingphosphorus on lakefront properties is scheduled to take effect onJan. 1, 2012.

45 Welcomed news in Asian carp battleThe state has received good news in the fight against Asian carp, asnew test results were negative for Bighead and silver carp DNA inMichigan waters.

47 New wave of funding rolling inThe Milford Township Board of Trustees has officially set and certifieda roll for the renewal of an SAD for the improvement andmaintenance of Sears Lake.

21st Century Building Company . . . . . . . . 30Aerial Graphics . . . . . . . . . . . . . . . . . . . . .22Aggressive Marine . . . . . . . . . . . . . . . . . . .38American Marine . . . . . . . . . . . . . . . . . . . .26American Soft Trim . . . . . . . . . . . . . . . . . . .63Ann’s Canvas . . . . . . . . . . . . . . . . . . . . . . .44Aquacide . . . . . . . . . . . . . . . . . . . . . . . . .34Aqua Cleaner of Michigan . . . . . . . . . . . .44Aqua-Weed Control . . . . . . . . . . . . . . . . . .10Bay Point Golf Club . . . . . . . . . . . . . . . . . .44Bev’s Canvas Covers . . . . . . . . . . . . . . . . .10Bi-Marine . . . . . . . . . . . . . . . . . . . . . . . . . .34Blackbox Surf . . . . . . . . . . . . . . . . . . . . . . .42Boating Supply Center . . . . . . . . . . . . . . . .14Colony Marine . . . . . . . . . . . . . . . . . . .32-33Commerce Ace Hardware . . . . . . . . . . . .22DSL Marine Transport . . . . . . . . . . . . . . . . .26Diversified Docks . . . . . . . . . . . . . . . . . . . . .2Dock Squad . . . . . . . . . . . . . . . . . . . . . . .48Farm Bureau Insurance . . . . . . . . . . . . . . .34Freeway Sports Center . . . . . . . . . . . . . . . .64Goddard Talmay . . . . . . . . . . . . . . . . . . . .20Instant Marine . . . . . . . . . . . . . . . . . . . . . .48J & D Marine Services . . . . . . . . . . . . . . . .44Lake Ponemah Marine . . . . . . . . . . . . . . .50Livingston Concrete . . . . . . . . . . . . . . . . . .22Marine Automated Docks . . . . . . . . . . . . .24

Melvin’s Ace Hardware . . . . . . . . . . . . . . .42M.J. Whelan Construction . . . . . . . . . . . . .12Michigan Solar Solutions . . . . . . . . . . . . . .14Michigan Rockscapes . . . . . . . . . . . . . . . .48Midwest Dock &

Midwest Marine Services . . . . . . . . . . . .50Native Landscapes LLC . . . . . . . . . . . . . . .42Nick Page Landscaping . . . . . . . . . . . . . .14Oak Electric . . . . . . . . . . . . . . . . . . . . . . . .44Oakland County

Water Resources Commission . . . . . . . .24Scott Aerator . . . . . . . . . . . . . . . . . . . . . . .30Scotty Lee Landscape . . . . . . . . . . . . . . . .50ShoreDocker . . . . . . . . . . . . . . . . . . . . . . .48Skiers Pier . . . . . . . . . . . . . . . . . . . . . . . . . .46Sparks Construction . . . . . . . . . . . . . . . . . .46Spider Control . . . . . . . . . . . . . . . . . . . . . .46Stanz Custom Upholstery . . . . . . . . . . . . . .30Sterling Home Serices . . . . . . . . . . . . . . . .26Roll-n-Go . . . . . . . . . . . . . . . . . . . . . . . . . .14Sunset Boats . . . . . . . . . . . . . . . . . . . . . . .50TT&C Beaches . . . . . . . . . . . . . . . . . . . . . .10The Pond Guy . . . . . . . . . . . . . . . . . . . . . .24Tom’s Pontoon Services . . . . . . . . . . . . . . .24Volare Ristorante . . . . . . . . . . . . . . . . . . . . .7Walt’s Point Marina . . . . . . . . . . . . . . . . . . .50Wilson Marine . . . . . . . . . . . . . . . . . . . . . . .3

Coldwell Banker/Weir Manuel . . . . . . . .56-57Kendra McConnell Hurd . . . . . . . . . . .57Karen Thomas . . . . . . . . . . . . . . . . . . .56

Keller Williams - Commerce . . . . . . . . .52-54Steve/Janet Stockton . . . . . . . . . . .52-53

Max Broock - Birmingham . . . . . . . . . . . . .62Kathy Broock Ballard . . . . . . . . . . . . . .62

Max Broock - Bloomfield Hills . . . . . . . . . . .60Jeff Barker . . . . . . . . . . . . . . . . . . . . . .60

Morgan & Milzow Realtors . . . . . . . . . . . . .58Real Estate One - Milford . . . . . . . . . . . . . .59

Cyndi Robinson . . . . . . . . . . . . . . . . . .59SKBK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

Lee Embrey . . . . . . . . . . . . . . . . . . . . .55

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index of advertisersApril 2011 • Volume 20 • Number 1

MUTE SWAN SO

ONG?BY ANGELA NIEMI NRC CLEARS WAY FOR

‘REMOVAL’ OF BIRDS WHILEACTIVISTS CRY ‘FOWL’

With their long, regal necks and white plumage, mute swans are theepitome of grace and beauty on Michigan waterways. However, the birds’beauty cloaks an aggressive and territorial nature that MichiganDepartment of Natural Resources (DNR) experts say poses a threat tonative waterfowl and their ecological environment. That’s 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 theenvironment. This measure was passed by the state’s Natural ResourcesCommission (NRC) in a 3-2 vote on Feb. 10 and took effect the following day.

With their long, regal necks and white plumage, mute swans are theepitome of grace and beauty on Michigan waterways. However, the birds’beauty cloaks an aggressive and territorial nature that MichiganDepartment of Natural Resources (DNR) experts say poses a threat tonative waterfowl and their ecological environment. That’s 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 theenvironment. This measure was passed by the state’s Natural ResourcesCommission (NRC) in a 3-2 vote on Feb. 10 and took effect the following day.

10 APRIL 2011 www.oaklandlakefront.com

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The mute swan is considered an exotic, invasive,

non-native species in the United States, according to

state and federal wildlife officials. A native to Europe

and some parts of Asia, 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 ofNorth America, including Chicago and New York, asadornments in city parks, zoos, large estates, andaviculture collections. And it’s believed that the releaseor escape of individual birds from these early captiveflocks resulted in the current feral mute swanpopulations of today.

However, since then, mute swans have been able tooutcompete native waterfowl for breeding habitats andcontinue to reproduce at a high rate. According to DNRstatistics, the population has risen from an estimated5,400 in 2000 to an estimated 15,500 in 2010.

And as a non-native species, the mute swan is notprotected under the federal Migratory Bird Treaty Act.Therefore, the regulation of mute swans is the exclusivejurisdiction of the state.

To regulate Michigan’s mute swan population, theDNR has been following the department’s currentpolicies for mute swan management and control.However, as the population continues to growexponentially, department staff felt they had to takeeven more aggressive measures, according to DNRwaterfowl specialist Barbara Avers.

“In the spring of 2010, the breeding populationestimate was 15,500 swans,” she said. “The populationhas continued growing exponentially, and our recentcontrol efforts were not enough to control theincreasing population. We used to allow for therehabilitation of mute swans. But when we werelooking at the entire policy, we wondered why wouldthere be rehab efforts on an invasive, non-native speciesthat was so far above the population goal? Basically,the efforts to rehab them did not fit into (the DNR’s)long- and short-term goals.”

According to Avers, population estimates weregleaned from the DNR’s spring breeding waterfowlsurvey, an aerial survey conducted every year by trainedobservers comprised of wildlife biologists andtechnicians.

The short-term goals include bringing the populationgrowth rate of mute swans to zero, in addition tobringing the mute swan population to zero in stategame and wildlife areas, which Avers said are managedto provide for native wildlife species.

As for long-term goals, the DNR hopes to bring thestatewide mute swan population down to 2,000 by2030.

With such an ambitious goal, Avers realizes moredrastic measures will have to be taken.

“In order to reach our long-term goal, we are goingto have to remove more swans from the population.”

And by “remove,” Avers acknowledges the DNRmeans kill. This “removal” of swans from state land willbe the DNR’s first priority.

In an attempt to have no mute swans there, Averssaid the DNR will employ a combination of methodsincluding nest destruction, oiling eggs, and evenshooting mute swans. Other acceptable methods ofkilling include euthanasia with drugs or cervicaldislocation.

“These are pretty aggressive goals — short- andlong-term. Moving (the swans) somewhere else doesn’thelp.”

Avers said there are three main reasons why theDNR is taking such an assertive stance against themute swans.

The first threat is the impact on the submergedaquatic vegetation that grows in lakes.

“Basically, they eat a tremendous amount,” Averssaid. “The bigger group of swans can destroy a wholebed of vegetation easily and then there are not thesame resources left for the native waterfowl species.”

She also mentioned that there are studies thatsuggest that the amount of submerged aquaticvegetation mute swans consume has had negativeimpacts on the overall aquatic ecosystem.

The second threat is that mute swans can displacenative waterfowl — including the native trumpeterswan, which the DNR has been trying to reintroduce— by competing for breeding habitat. Mute swans havea tendency to become “exceptionally aggressive” duringbreeding and rearing their cygnets.

This territorial aggression poses a third threat whenit is geared toward humans. Avers said the DNR hasreceived numerous reports of mute swan aggressiontoward kayakers, people in canoes, and even people onshore.

However, Avers said while there are “quite a few” ofthose reports made to local field offices every year, theDNR didn’t have a good way of tracking those reports.

Tim Payne, the supervisor of the DNR’s southeasternmanagement unit, said while the department gets manyinquiries about swans, it only receives about a half adozen calls a year where a swan has physically madeaggressive contact with a human.

“Not every swan is a problem,” he said. “We do tryto separate out a call between a moderately aggressiveswan protecting the area but not clearly attacking vs. aswan hitting somebody and creating an accident orhealth risk.”

Avers added, “To my knowledge, nobody has beenseriously injured, but (their aggression) poses thepotential for that to happen. There have been reports ofthem trying to drown people’s dogs. There is just thepotential for serious accidents to happen — if a smallchild were to be attacked it’d be very different than afull grown adult.”

Payne said he is also sure there are more incidentsof swans harassing people than are reported to theDNR: People just tend to give swans a wider berthrather than report such incidents.

Another amendment in the new wildlife conservationorder is that written permission no longer needs to beobtained by DNR employees and other designatedpersonnel to kill swans or destroy their nests and eggs.

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However, this only applies to mute swans on statelands, and verbal permission is still needed.

“People still need approval for those activities,”Avers said. “They just can’t go out and shoot swans onstate property. They need verbal permission.”

She added that the DNR envisions this lack ofwritten permission to only apply to specifically managedwaterfowl areas.

Avers further ensured that all personnel andvolunteers would be trained to distinguish between thenon-native mute swan and the native trumpeter andtundra swans. Those participating in the swans killingswould also be trained to use discretion.

“If there is, for example, people bird-watching rightthere, we won’t do the mute swan control in front ofthem,” Avers said. “We would approach them first andexplain what we are doing and educate them on thepurpose for all this. And we know there are a lot ofpeople who find this offensive and like (the swans), andwe have to be understanding that people feel that wayas well.”

However, this measure only applies to public lands,according to Avers. All nest, egg, and swan removal onprivate lands still requires written permission from theDNR.

Nevertheless, some residents in Oakland Countyremain concerned and angered on behalf of the muteswans, especially now that they are no longer able torehabilitate injured or sick individuals.

Karen Stamper, a Walled Lake resident who has beenattending recent NRC meetings and fighting on behalf ofthe mute swans, said she believes wildlife rehabilitatorsshould be allowed to continue their efforts, consideringthe low number of swans rehabilitated each year,especially as most swan injuries are caused by people.

“I think it’s pathetic (that) for the amount of swansthat the rehabbers take in per year — all parties agreed40 was the magic number — that they couldn’t allowthem to continue their rehab efforts,” she said.

Sharon Knoll Smith of Bloomfield Township alsoattended the Feb. 10 NRC meeting and said she agreeswith Stamper.

“I am really very upset at the decision,” she said.“These are man-made injuries that swans are suffering.Why won’t they let human beings try to repair theharm they have done to swans?”

“Most swan injuries are human error ... fish lines,fish hooks, lead poisoning, hit by cars, boats and jetskis, power lines, etc.,” Stamper said. “Yes, we shouldhave to help them. It’s our carelessness that’s madethem sick or injured. The DNR will have more peoplecomplaining to them when these people call them andare told they can’t help them.”

She added that rehabilitators are worried about thefate of injured or sick mute swans.

“They want to go and fight this but are scared tobecause the DNR will probably come and take theiranimals or make it harder to get their license renewed,”she said.

The Michigan Humane Society was the onlyrehabilitation organization that commented on the

DNR’s new wildlife conservation order.“Generally speaking, we believe there are other

methods you can use to curb the population,” said MHSSpokesperson Kevin Hatman. “We feel destruction ofeggs and nests has worked very well with Canadageese.”

“We think this measure has gone too far,” he added.“If you need something to bring the population down,we much prefer (the DNR) to take a more holisticapproach to allow us to actually continue to rehabilitatesick and injured swans.”

Stamper said she also would like more evidencerelated to several of the DNR’s claims, including thedamage mute swans cause to lakes’ submerged aquaticvegetation. She said she has repeatedly asked for theDNR’s studies regarding the damage done to lakes andsubmerged aquatic vegetation by mute swans.

Avers admits that the DNR hasn’t conducted its ownstudies, but has relied on studies conducted inMaryland and around the Great Lakes area.

However, Dr. James Danoff-Burg, an associateresearch scientist at Columbia University whospecializes in non-native species and how they affectthe ecology of their environment, said he doesn’tbelieve it’s a problem that the DNR has relied oninformation from studies conducted outside ofMichigan.

“Budgets for these departments are being slashedconstantly,” he said. “There’s no need to reintroducethe wheel. If you know an organism changes anecosystem, does it matter whether the information is95 percent or 97 percent correct? No, because youknow what they do and know what they eat. So youknow they will have an impact.”

Danoff-Burg agreed with Avers that if there are a lotof mute swans in an area they can fundamentallychange an ecosystem, especially with regard tosubmerged aquatic vegetation.

“Submerged aquatic vegetation is the essential basisof the food chain,” he said. “Small fish eat it, which arein turn eaten by big fish. If there’s no submergedaquatic vegetation in most fresh water lakes, there’snot going to be a lot of things there. More species ofplants equals more of everything else includinginvertebrates, vertebrates, consumers and producers.”

While those opposing the DNR’s new measure admitthat mute swans can be aggressive, they say theybelieve it’s often the result of human provocation orharassment. They maintain that the swans are justprotecting their homes and families.

Stamper and others such as Clarkston resident CecileWhapham also maintain that they have observed muteswans getting along with other native waterfowl,including Canada geese.

However, Payne said the aggressive behavior variesfrom swan to swan.

“Different swans have different temperaments,” hesaid. “Some have nested close to Canada Geese, whileother swans are so aggressive other waterfowl will notget within 200 yards of them.”

Danoff-Burg also attributes this ability to co-exist

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www.oaklandlakefront.com OAKLAND LAKEFRONT 15

peacefully to how well species have learned to stayaway from mute swans.

“A species may have already beaten the other speciesinto submission,” he said. “You can believe that it mostlikely wasn’t always peaceful.”

The population estimates are also perplexing toStamper. She said she doesn’t believe they are entirelyaccurate because while mute swans don’t have anynatural predators, their cygnets do.

“Most cygnets do not make it,” she said. “They arekilled by turtles, fish, raccoons and other predators.”

Debby Glascock Gentry of White Lake Township andthe Friends of the Ducks and Geese group said sheagrees with Stamper.

“Although swans can lay a lot of eggs, it doesn’tmean all eggs are viable and will hatch,” she said.“From my observations on a lot of different lakes anddifferent swans, you only see (a pair) with only one ortwo babies that survive. Snapping turtles and raccoonsget the other ones.”

Others call into question how the mute swanpopulation could have gotten so large.

Patricia Rusnell of Commerce Township blames theDNR for its mismanagement efforts.

“The DNR has been around since 1921 and if they’reso good at wildlife management, why is there a 13,500surplus of mute swans?” she asked. “Where were theywhen these 13,000 were being produced? (The DNR)allowed them to reproduce to 13,500. They shouldn’tmake the swans pay for the consequences.”

Wolverine Lake Village Council President John Mageeagrees.

“It makes me a little sad that the situation came tothis point,” he said. “More humane and moreaggressive population control statewide much earliercould have been effective.”

Two years ago, Wolverine Lake decided to take stepsto reduce its swan population with the DNR’s approval,as there were a reasonable number of swans on thelake that were causing a problem. However, Magee saidvillage officials didn’t want to eliminate swans. Soinstead, they followed the path of egg collection andnest destruction that has proven effective for Canadageese.

According to Magee, the plan has seemed to workpretty effectively for reducing the swan/human conflictsthe village had in the past.

“What we did on our lake is to try to find a humanebalance,” he said. “I think some of the swan advocateswere upset with us, while some of the people whodidn’t like swans didn’t think we went far enough. Butin general I think the overall results have beenpositive.”

Most of the mute swan advocates have no problemwith controlling the population through the destructionof eggs and nests, provided it’s done humanely. It’s theinability to help a swan in need and the thought ofswans being killed for just existing that bothers them.

Magee too stated that he is saddened by the state’sdecision to eliminate the rehabilitation of mute swans.

“We’ve had occasionally injured swans in the past,and we would call in a rehabber to take care of theswan. Now that can’t happen,” he said.

Knoll Smith likens the DNR’s decision to “animalcruelty.”

“I believe it is irresponsible of the DNR,” she said. “Ibelieve that allowing injured swans to suffer beforebeing euthanized is animal abuse and animal cruelty.”

Another point of contention among swan advocatesis whether the mute swan is truly a non-native species.

Stamper and others call this into question because ofa study that suggests a re-evaluation of a watercolordone by John White in 1585, which revealed earlieroccupation by the mute swan on the Atlantic Coast.They also point to the 1964 discovery of a mute swansternum bone in Ontario. The bone was found at a sitedating back to almost 300 years ago.

The study can be found at savethemuteswans.com.However, according to Danoff-Burg, the native or

non-native status of a species is usually determinedbased on the historical record of the species in differentareas. Normally, if a species predates the IndustrialRevolution, it’s a good indication that it’s native.

And while the bone found in Ontario does pre-datethe 1800s, there have not been any other reports ofsimilar bones found.

Danoff-Burg said characterizing a species as nativebased on a piece of art “would make me nervous.”

“You don’t know if the representation is accurate,”he said. “People could be off because of an inability tocorrectly render a species.”

He said a better way to demonstrate whether aspecies is non-native is to have records of the originalintroduction date.

According to most state DNRs — including those inMichigan, Wisconsin, Indiana, New York, and Maryland— the mute swan was introduced in the mid-1800sfrom Eurasia. Universities such as Columbia and Cornellconcur.

However, others feel it doesn’t matter whether thespecies is native: Rehabilitators should still be able totake them in when birds are ill or injured.

“To know (rehabilitators) can’t do that anymore isheartbreaking,” Glascock Gentry said.

However, swan advocates aren’t going down withouta fight. There has already been a Michigan petition drivestarted at change.org/petitions/stop-the-killing-of-mute-swans. Currently, the petition has 1,283 signatures.

Stamper and others have also been organizingmeetings to try to fight the DNR’s measure.

“We are trying very hard to get the public informed.We will just keep gathering our facts and do what weneed to do to get the word out,” she said.

To spread the word, Stamper has been putting upinformation on her Facebook page, as well on a websitecalled Swans Voice.

“People should actually look up things and do thingsto make their own decision,” she said. “Peopleshouldn’t just take the so-called specialists word for itso that it’s easier to look away.” ❏

16 APRIL 2011 www.oaklandlakefront.com

Legislation that would lower the minimumblood-alcohol limit at which a person operatinga watercraft is legally considered intoxicated

has been introduced to the state House ofRepresentatives.

The current blood-alcohol content (BAC) limitfor individuals operating a watercraft is set at 0.10percent. House Bill (HB) 4072, introduced by stateRep. Matt Lori (R-Constantine), seeks to lower thatthreshold to 0.08 percent, which would make itequivalent to the drunk driving limit for operatingan automobile.

Blood-alcohol content is typically measured ingrams per 100 milliliters of blood.

Similar legislation has been proposed severaltimes in previous legislative sessions.

The bill was initially proposed in direct responseto the death of a 7-year-old boy on Donnell Lake inCass County. The child was tubing when he was rundown by a personal watercraft. The driver of thepersonal watercraft was found to have a BAC ofbetween 0.08 and 0.09 percent when tested bypolice.

Because he was under the legal 0.10 percentlimit, the personal watercraft operator pleadedguilty to negligent homicide — an offensepunishable by up to two years in prison. If the lawat the time resembled that which is currently inplace for automobiles, the man would have a faceda felony for operating while intoxicated and causingdeath, which carries a penalty of 15 years inprison.

In 2007, a similar legislative proposal receivedthe support of the Michigan State Police, the

Prosecuting Attorneys Association of Michigan, theMichigan Sheriff’s Association, the MichiganBoating Industries Association, and the NationalMarine Manufacturers Association. Those opposingthe bills included the Michigan Licensed BeverageAssociation and the American Civil Liberties Union.

Lori decided to introduce the bill again in 2009.However, Lori’s chief of staff, Susan Martin, saidthat “with the focus during the previous leadershipbeing on the budget and fiscal issues, policymatters took a back seat.” Therefore, Lori hasreintroduced the proposed change.

Although she said she still needs to thoroughlyread the bill, state Rep. Eileen Kowall (R-WhiteLake) said she believes that a watercraft is “just asdeadly as a car.” Therefore, the standards thatapply to driving a road vehicle should be the samewhen piloting a watercraft.

She added, “I’m concerned about safety on thewater, as well as the roads.”

State Rep. Chuck Moss (R-Birmingham) said hewould like to see demonstrated evidence that drunkboating incidents have increased before legislatorsmake the law harsher for everybody.

“Before I sign on to anything, I want to makesure that the laws we have aren’t working ingeneral,” he said. “If we are seeing lots of peoplegetting hurt and killed, then maybe we shouldchange the law to make it more strict. But if it’sjust one bad incident, then we need to find what inthe system failed rather than making stricter lawson everyone.”

The bill has been referred to the House JudiciaryCommittee, where it awaits a hearing. ❏

PARITY ON BOARDLawmaker floats bill to align boat operator

BAC limit with drunk driving thresholdBy Angela Niemi

avid Moilanen, a 36-year veteranemployee with the Huron-Clinton

Metropolitan Authority (HCMA), has worked hisway up the organizational ladder to become the director ofthe HCMA after starting his career as a part-time golfcourse maintenance worker in 1974.

Moilanen’s career path has been a winding one. Afterreceiving his bachelor’s degree in economics from theUniversity of Michigan and spending a year in law school,Moilanen missed working outdoors.

“After spending so much time in the law library, Idecided that (what) I really enjoyed most (was) beingoutdoors,” he said. “I really just kind of decided that Iwanted to learn about the environment and tell peopleabout it. That’s why I went back to get a degree in naturalresources (from Michigan).”

Essentially a Renaissance man of the HCMA, Moilanenhas worked for the Metroparks in a variety of capacities —golf course maintenance worker, nature interpreter, farmmanager, public relations/information officer, chief of

interpretative services and public relations, deputy director,and now director — enjoying each and every position.

By continuing to take classes through the years,Moilanen was able to become more of a generalist than aspecialist, which he said has been helpful in successfullymoving up the ranks.

“To me, to be the head of an organization like this, youneed to have a broad-based background and experience,”he explained.

While Moilanen faces many challenges as director,such as keeping the HCMA financially stable andsustainable, he relishes the opportunity.

He also hopes to bring in more trails and recreationalactivities for the people of southeast Michigan, such as therecently purchased Schmitt Lake property.

“It’s a very beautiful, very high quality property therethat we hope to open up to the public for walking andcross-country skiing.”

— Angela Niemi— Oakland Lakefront photo/Amy K. Lockard

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On Jan. 4, 2011 — not evena full year since theDepartment of NaturalResources and Environment(DNRE) had beenestablished — newly-elected

Gov. Rick Snyder signed his first executiveorder, demolishing the DNRE to create twoseparate departments: the Department ofNatural Resources (DNR) and the Departmentof Environmental Quality (DEQ).

With a few strokes of his pen, Snyderessentially reversed former Gov. JenniferGranholm’s efforts to combine the twodepartments after her predecessor, formerGov. John Engler, split Michigan’s DNR intotwo separate agencies back in the mid-1990s.

In 1995, Engler issued an executive orderto eliminate the DNR; create a new DNR tohandle parks, recreation, hunting and wildlifeissues; and create a new DEQ to handleenvironmental regulation and enforcementissues.

After 15 years as separate entities,Granholm succeeded in arranging a union ofthe two departments in an effort to cut costsand streamline state government.

However, Snyder decided to createseparately functioning departments to alloweach to better focus on its core mission.

“Michigan is blessed with an abundance ofnatural resources and we need to be a leaderand innovator in protecting these resources,”Snyder said. “Recreational fishing, huntingand boating activities alone contribute morethan $3 billion annually to our economy.Separating the DEQ and DNR means we canbetter address these key priorities.”

With Snyder’s executive order, the monthsspent last year working to merge the twodepartments became irrelevant.

Back when Granholm’s departmentconsolidation executive order first took effect,officials felt it would take at least until late2010 or even early 2011 for the twodepartments to completely transition into onecohesive unit.

At the time, Mary Dettloff, a DNRE publicinformation officer, said, “This is not

something that’s going to take placeovernight. It’s taken us years to separate (theDNR and DEQ), so I expect it will take a whilefor us to merge back together.”

Brad Rasher, the transition managerappointed by Granholm to oversee thereconsolidation of the DNR and DEQ, alsoagreed with Dettloff’s assessment at thetime.

“The reason why the transfer will takelonger is because when we pull the variousprograms and activities of the departmenttogether it will be through a re-engineeringprocess, which will involve teams ofemployees, and that will take time,” he said.“It’s a deliberate process that’s verythoughtful and can’t be done overnight.”

Granholm’s unified DNRE only remained inoperation for a total of 420 days, which washardly enough time for a complete transitionfrom two departments into one.

“The agencies spent most of the past yearfiguring out what coming back togethermeant,” said DEQ spokesperson Brad Wurfel.“There was a great deal of time spentplanning the joining of the two agencies.We’ve only been officially together for 12months.”

However, as far as breakups go, this oneseems to be virtually painless.

Dettloff has said the transition from onedepartment back to two has been “seamless”— a sentiment echoed by Wurfel.

In fact, although Snyder’s order didn’tofficially take effect until March 13, Dettloffsaid the departments have been essentiallyoperating as separate agencies since Snydersigned his executive order during his firstweek in office.

There will also be no need for a transitionmanager this time, as the two departmentswill basically go back to where they wereprior to the merger in 2010. All divisionspreviously operating under the DNR inDecember 2009 will remain under the DNR,while the same will apply to the divisions thatwere under the DEQ.

“(The transition) has gone fairly smoothly,”

24 APRIL 2011 www.oaklandlakefront.com

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Wurfel said. “Most of what was joinedpreviously was at the administrative level.Operationally, the field staff continued to dowhat they did before (the merger) for themost part.”

And in an effort to save money, the twodepartments will continue to share custody ofthe joined administrative functions — such asthe accounting, procurement, and humanresources departments.

“These would be the hardest ones for usto pull apart again,” Dettloff said. “So we willleave it as a shared thing and save money.”

Added Wurfel, “We found ways tocoordinate services mostly on the

administrative side to get some costsavings.”

Physically splitting up the two departmentswas fairly easy, as well, according to Dettloff.

“We only had to move a total of eight DNRemployees out of Constitution Hall (wherethe DEQ staff remained) into the MasonBuilding just across the street,” she said.

Employees from each department have alsoseemed to take the separation in stride andare supportive of the maneuver.

“Operating independently is something Ithink folks are more accustomed to thanoperating as a single entity,” said Wurfel, whoadded that operating independently has been“welcomed” by most of the DEQ people hehas talked to about the separation.

While Dettloff mentioned that it has been a“little stressful” being “put together and nowtaken apart,” she said the overall reaction ofthe DNR staff seems to be positive.

“The governor strongly feels that eachagency has an important responsibility whicheach should be focusing on rather than beingspread so thin,” she said. “And the DNRseems to be supportive of that.”

Dettloff also stated that splitting the DNREwon’t necessitate adding extra personnel.

“Between the two agencies, we lost 312people to early retirement, and we only planon hiring about one new employee for everytwo that retired, which is about 150employees that will be split between the twodepartments,” she said. “And on the DNR

side, Director (Rodney) Stokes has said hewants to fill positions in the field first ratherthan in Lansing because the budget is verydependent on restricted funds and user fees.We can’t spend any more money than wetake in.”

About 4 percent of the DNR’s budgetcurrently comes from the state’s GeneralFund.

In an effort to bring a more streamlinedbusiness management model to stategovernment, Snyder has implemented groupexecutives to oversee the executivedepartments within their respective groups.The agency and department directors willreport to their respective group executive,who will then report directly to the governor.

The Department of Agriculture and RuralDevelopment, DNR, and DEQ all fall under theQuality of Life group, which is headed up byexecutive Dan Wyant, who also serves as thenew DEQ director.

“All (agencies) within the group havekind of similar missions — all focus onnatural resource-type of issues withindifferent capacities that are all sort ofconnected. We’re trying to see where we havecommonalities so we can try to leverage theminto more efficient operations and savings,”Wurfel said.

Some ways the Quality of Life Division islooking to save money is by sharing someservices, such as law enforcement staff, aswell as web design and support.

Another way they are looking to cut costsis by having group training sessions as

opposed to each department having theirown schedules and contracts.

“A lot of these sorts of things are thingsthat customers — the general public — don’tsee,” Wurfel said. “But a huge part ofgovernment operation is administrative, sowe are trying to review our administrationsto find ways to create savings and findefficiency.”

Reporting to Wyant is Stokes, the newDNR director, while Keith Creagh is the newdirector of the Department of Agriculture andRural Development.

26 APRIL 2011 www.oaklandlakefront.com

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“Dan, Keith and Rodney bring exceptionalprivate and public sector experience to thisnew management model which will allowdepartments to function better and takesuccessful practices from the private sectorand put them to work in government,”Snyder stated in the public announcement onhis website after announcing his choices inNovember.

Snyder appointed both the new DEQdirector and the new DNR director.

When Engler initially split the DNR back in1995, he had the authority to appoint theDEQ director, while the Michigan NaturalResources Commission (NRC) retained theright to appoint the DNR director.

However, when Granholm merged the twodepartments, she made the single DNRE

director a gubernatorial appointment, a movewhich angered some environmental groupseven though they applauded the merger.

At the time, Michigan United ConservationClubs (MUCC) and more than 90 otherenvironmental groups sent a joint letter toGranholm, asking her to reconsider turningthe NRC’s DNR director appointmentauthority into a political appointment by thestate’s governor.

Granholm’s decision to make the DNREdirector a gubernatorial appointee evenspawned a piece of legislation from the stateSenate seeking to block Granholm’sdepartment consolidation plan. Although thestate’s upper chamber passed the bill 22-15,the bill ultimately failed to be enacted.

While Granholm made some concessions —such as the new DNRE director had toconsult with the NRC on policy matters, andone commissioner had to be a joint appointeeto both the Commission on Agriculture andthe NRC — she retained the right to appointthe DNRE director.

The MUCC was not satisfied.“While (the MUCC) views the DNR/DEQ

merger as a tremendous opportunity toimprove natural resources management,making the director of the new DNRE apolitical appointment is a huge stepbackward,” a release from MUCC stated at the

time. “Instead of having a bipartisan body incharge of appointing who oversees themanagement of our resources, this change willunfortunately place a political party in control,placing Michigan’s natural resources at thewhim of election cycles. As such, MUCC willcontinue to work with the conservationcoalition and state lawmakers in pursuingalternative remedies that take politics out ofnatural resources management.”

Yet, environmental groups seem to bemuch more easy going a year later, whenSnyder not only decide to split the DNRE butalso decided to retain the right to appointboth department directors.

Dettloff has said the DNR has not receivedany complaints so far.

“Gov. Snyder wanted to retain appointmentauthority as (the directors) are members ofhis cabinet and therefore ultimatelyaccountable to him,” she said.

Instead of concerning themselves with whoappoints the directors, the state’senvironmental groups now seem to be moreconcerned that important work gets done.

“Clean Water Action believes Gov.-electSnyder should do what he needs to do. Ourhope is that regardless of the structure thejob gets done,” said Michigan Director ofClean Water Action Cyndi Roper at the time ofSnyder’s department division announcement.“We hope there are competent people in placeto protect the lakes, rivers, and streams, aswell as the air and people of Michigan frompollution.”

MUCC Executive Director Erin McDonoughsaid she is excited to work with Wyant,

Creagh, and Stokes.“We are interested in working with (the

new directors) and the new Quality of LifeDivision,” she said. “We are excited about theopportunity to move some of our programsforward and willing to work with thesepeople. We encourage them to move towardsmore outcome-based planning — tostrategically use the dollars received fromhunting, fishing and trapping licenses to amore efficient and effective use for the healthand quality of the environment.” ❏

28 APRIL 2011 www.oaklandlakefront.com

The state Department of NaturalResources (DNR) is preparing to returnits fish hatchery production of walleyeto past levels, after scaling back walleye

production and stocking in recent years.After a deadly fish virus entered the Great

Lakes Basin in 2006, the DNR greatly cutback on most of its walleye rearing activities.Normally stocking between 3 million and 4million spring fingerling walleye annually, theDNR has stocked a little under 4 millionwalleye in state waters during the past fouryears.

Walleye stocking by the DNR has beenprevalent since the 1970s, when recreationalfishing for walleye gained popularity.

“It’s important to maintain many fisheriesin areas where natural reproduction is unableto sustain it with fish that anglers want,”said DNR Fish Production Manager GaryWhelan.

Walleye inhabit the Great Lakes, inlandlakes, and rivers. Typically, walleye are notstocked in waters where natural reproductionis strong.

Many Oakland County lakes and anglershave benefited from the DNR’s walleyestocking.

In the spring of 2006, fish were dying inlarge quantities in Lake St. Clair, the St. ClairRiver, the Detroit River, Lake Erie, LakeOntario, and the St. Lawrence River. Theculprit responsible for these deaths was afish pathogen known as Viral HemorrhagicSepticemia (VHS).

VHS can be transferred through water via

fish urine and reproductive fluids. The viruscan survive in the water for at least twoweeks. It first starts by infecting gill tissueand then proceeds to the internal organs andblood vessels, which in turn becomeweakened and result in hemorrhaging of theinternal organs, muscles, and skin.

Fish can also become infected with thevirus by eating other infected fish.

Extreme water temperatures, starvation,and spawning can lower fish immuneresponses, making infected fish susceptibleto becoming diseased and more prone to die.

The introduction of VHS to the GreatLakes Basin drastically altered the DNR’sproduction and stocking of walleye inMichigan.

“In a perfect world, we wouldn’t have cutour walleye fry production,” said formerDNR Director Rebecca Humphries in a pressrelease. “But the specter of bringing VHSinto our hatchery system or transferringVHS to new waters was just too risky. Theecosystem is constantly changing and ourmanagement practices must change withit.”

Although it’s not known exactly how thenon-native pathogen entered the Great LakesBasin, the most likely vector of introductionwas via ballast water exchange. However, itcould have been introduced by the movementof live fish and baitfish, as well as the naturalmigration of fish.

Since 2006, the DNR has been monitoringstate waters for any sign of VHS. Only twoinland lakes have turned up VHS-infected

walleyeDNR now ramping up state hatchery production,stocking of popular sport fish to pre-VHS levels

By Angela Niemi

www.oaklandlakefront.com OAKLAND LAKEFRONT 29

fish: Budd Lake in Clare County in 2007, andBaseline Lake in Washtenaw County in 2009.

However, with the advent of a preventativetechnique, DNR officials feel confident enough toreturn to normal walleye fry production and plan totake approximately 50 million eggs this spring toproduce walleye fry for pond-rearing and directstocking.

“We are pleased that an effective treatment forwalleye eggs against VHS has been found and we’reramping up our production accordingly,” Humphriessaid.

Although there is no way to treat fish alreadyinfected with the virus, fish eggs can be disinfectedby using iodophore compounds. Research stronglysuggests that the virus doesn’t penetrate walleyeeggs and isn’t passed on to fish progeny.

“Free iodine kills the virus. It’s a topicaldisinfectant for the eggs,” Whelan said.

De-clumping agents such as Fuller’s earth or

tannic acid are also added to the compound toprevent fish eggs from suffocating.

Although this disinfectant technique will allowhatcheries to prevent fingerlings from becominginfected, VHS still remains a threat.

“It’s still there,” Whelan said. “It couldpotentially pop up as a pathogen and kill fish at anygiven time given the right conditions. This will be apathogen we will be managing around for a longtime.”

Whelan said there are multiple things people cando to ensure that they aren’t vectors for thedisease, such as not moving live fish from one bodyof water to another, draining boats of water beforemoving from one waterway to another, and buyingcertified VHS-free bait.

“We are excited to get the walleye productionback to where it was and to improve and enhancethe fisheries in the state for our anglers,” Whelansaid. ❏

30 APRIL 2011 www.oaklandlakefront.com

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The American Power Boat Association’s (APBA) National InboardHydroplane Championships will be held in Michigan for the first time in42 years as part of this summer’s 12th annual Quake on the Lake event,slated for July 16-17 on Pontiac Lake.

According to an announcement released by Oakland County Executive L. BrooksPatterson’s office, members of the APBA recently held their national meeting inDearborn, where they decided to return the hydroplane championships toMichigan. The last time the National Inboard Hydroplane Championships wereheld in Michigan was at Ford Lake near Ypsilanti in 1969.

“Quake on the Lake is among Oakland County’s best quality of life events,”Patterson stated in the announcement. “To host the National Inboard HydroplaneChampionships validates what a great event Quake on the Lake is.”

Like in past years, the 2011 version of Quake on the Lake will be held at thePontiac Lake Recreation Area in Waterford and White Lake townships. The PontiacLake racecourse is recognized as the fastest 1-mile course in North America — 17world speed records have been broken in 10 classes of inboard hydroplane racesheld during past Quake on the Lake events.

Great shakes2011 Quake on the Lake will featurenational hydroplane championships

By Tim Dmoch

34 APRIL 2011 www.oaklandlakefront.com

The speed of the Pontiac Lake course can beattributed to the environment surrounding thelake. The natural shorelines and abundance oftrees help to naturally protect the water fromwinds. This, in turn, provides a smooth course forcompetitors.

This year’s hydroplane racing will featureclasses that will run from 90 mph to those thatapproach 175 mph in the straight-aways. TheEastern Divisional Championships were held atPontiac Lake in 2009 and over 100 race teamsattended from across continent.

In addition to the boat races, there will beplenty of family entertainment for all ages at the2011 Quake on the Lake, including musical

entertainment from national and local acts.As always, all net proceeds of the event will go

to support a good cause — The RainbowConnection, a 501(c)(3) charity founded byPatterson that grants wishes to Michigan childrenwith terminal or life-threatening illnesses, as wellas support for other community grass-rootsinitiatives.

In the past, proceeds collected from Quake onthe Lake have funded trips to Hawaii for children,as well as visits to Disney World. They’ve evenbeen used to buy a pony for a little girl to use fortherapy.

For more information on the 2011 Quake onthe Lake event, go to QuakeOnTheLake.org. ❏

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Apair of lower court rulings wereoverturned late last year by theMichigan Supreme Court, therebyaffirming a century of Michigan case lawthat has ensured riparian rights forthose who own property on the

opposite side of a platted roadway running parallel toa lake shoreline. Following the Supreme Court’s Dec.29 ruling, those property owners continue to have theright to install docks, moor boats, swim andotherwise use the water situated across the streetfrom their lots.

The court’s 4-3 decision in the 2000 Baum FamilyTrust vs. Babel case is being celebrated by riparianrights advocates such as the Michigan Lake andStream Associations (MLSA), even if thousands ofMichigan riparians whose rights were threatened wereoblivious to just how close they were to losing thoserights.

“The fact is, even given the six-month to one-yearrun-up to the Supreme Court deciding to hear thecase, and the period of months after it decided to hearit and then release a decision, it seemed that a lot ofriparians, with the exception of a few, didn’t knowwhat was going on,” said Scott Brown, executivedirector of the MLSA. “I don’t think many realizedtheir rights were jeopardized. They either didn’t knowthis was going on or figured it didn’t relate to them.”

According to the MLSA, Michigan courts havehistorically concluded that where a public road runsparallel to a lake and there is no significant interveningproperty between the road right-of-way and ashoreline, the “first-tier” properties across the streetare riparian properties. Both the Charlevoix CountyCircuit Court and Michigan Court of Appeals reversedsuch findings in a case involving a dispute on LakeCharlevoix. Accordingly, owners of first-tier lots couldno longer have exclusive rights to dockage, boatmooring and other riparian activities from the landacross the street from their property.

The plaintiffs in the case — the Baum Family Trust;Joseph Beaudoin; Sandra Beaudoin; the Adele MegdallRevocable Trust; the Paul Nowak and Joan NowakTrust; Marilyn Ormsbee; Mark Schwartz; WendySchwartz; and Thomas Thomason — are owners of lotsfronting Lake Charlevoix but separated from the waterby Beach Drive, a plat-dedicated road for public use

running parallel and immediately adjacent to the lake.According to court documents, the plaintiffs, over

the years, used the lakefront property in front of theirlots and built docks extending into the lake in order tomoor boats and other water-related equipment.

The plaintiffs reportedly obtained permits from theU.S. Army Corps of Engineers to maintain their docksin front of their properties. The owners of otherproperties in the plat not fronting the water alsobegan using the waterfront area across the streetfrom the plaintiffs’ homes.

The plaintiffs argued that the back lot owners’ useof the water violated their riparian rights. Accordingto court documents, some of the back lot ownerswere unable to obtain permits from the U.S. ArmyCorps of Engineers and, as a result, allegedlythreatened to sue the plaintiffs for permission tomaintain seasonal docks on the lakefront strips.

The plaintiffs filed a four-count suit against theback lot owners, as well as the Charlevoix CountyRoad Commission (CCRC) and Charlevoix Township.The complaint included claims of trespassing andnuisance, and sought injunctive and equitable relief.

In September 2007, the road commissioncounterclaimed, alleging the plaintiffs trespassed onthe lakefront side of Beach Drive by maintainingencroachments on the drive, including docks, fencing,landscaping, rocks and rock walls, septic drain fieldsand a flag pole, among other intrusions.

The individually-named back lot owners alsocounterclaimed, stating a claim of adverse possessionand seeking a declaration that they have easements tothe lakefront either by acquiescence or byprescription. Additional back lot owners were allowedto intervene and also counterclaimed, also allegingeasements.

The plaintiffs moved for a partial summarydisposition against the road commission alone,alleging there is no issue of material fact regardingwhich party is entitled to riparian rights.

A ccording to court documents, the plaintiffs arguedthat their lots were riparian because their lots

were separated from the water by a roadwaycontiguous to the water. In their view, the roadcommission had a right to use Beach Drive as aroadway only. The road commission argued that theplaintiffs didn’t have riparian rights because the public

www.oaklandlakefront.com OAKLAND LAKEFRONT 37

holds Beach Drive “in fee” pursuant to the statutorydedication under the applicable plat act, which meansthe plaintiffs’ lands aren’t riparian. Back lotdefendants argued that the plaintiffs didn’t haveriparian rights because the plat for the neighborhooddidn’t indicate the first-tier properties abut the lake.

The township adopted the road commission’s andback lot owners’ arguments. In addition, the townshipargued that it could be defeased of Beach Drive onlypursuant to the Land Division Act.

The circuit court denied the plaintiffs’ motion andruled that they didn’t have any riparian rights

because they don’t hold fee title to the waterfrontland in front of their respective lots. As a result, theplaintiffs appealed the circuit court decision to thestate Court of Appeals.

Court of Appeals Judges Karen Fort Hood, MarkCavanagh and Kirsten Frank Kelly’s opinion in the casestated, “After reviewing the language of the statutorydedication in this matter, we have concluded that theplattor did not intend to vest any riparian rights inplaintiffs’ properties ... In the instant matter, becausethe language of the statutory dedication indicates anintent to grant to the public an unlimited use in fee ofthe alleys and roadways, we conclude that plaintiffshave no riparian rights by way of the dedication.”

For the Michigan Supreme Court, the centralquestions of the case were what is the nature of theproperty interest conveyed by the state’s plat act, andhow does this property interest affect riparian rights.

“The rules of property governing dedications ofland to the public are distinct, yet deeply rooted in theAnglo-American legal tradition,” the Supreme Court’smajority opinion in the case states. “These rules havedeveloped to accommodate the coexisting rights ofthe dedicator of land, his or her grantees, and thepublic. In balancing these rights, the use to which thededication was made has always been at the fore. Thefee is held ‘in trust to and for the uses and purposestherein designated, and for no other use or purposewhatever.’

“Accordingly, we first observe that the languageused in the dedication of the plat is significant, indeedcontrolling, because no rights vest in the granteebeyond those that are ‘therein designed,’ and the landshall be used for ‘no other use or purpose whatever.’Furthermore, we observe that, under this statute, a

dedication is not presumed to be broad, requiringexpress words in the dedication to limit its scope.Rather, in all its versions, the statute has taken theopposite approach. The scope of the dedication isstrictly limited to the words expressly conveyed, i.e.,the purposes ‘therein designated’ and ‘no other use orpurpose whatever.’ Finally, we note that the propertyinterest conveyed by the statute is also limited induration. Because the fee may be used for thepurposes therein designated and for no other use orpurpose whatever, duration is coterminous withcontinued use for the designated purpose.”

“I try to distill (the case and the Supreme Court’smajority decision) for lay people like this: In situationswhere there is a platted public road which parallelsthe lakefront, if the original plat shows no interveningland between the water and the platted road, the first-tier lot owners are riparian,” said attorney CliffordBloom of Law Weathers in Grand Rapids, whospecializes in riparian law.

The Supreme Court’s majority essentially held thatthe road commission has an easement for Beach Drivebut doesn’t own the land, which therefore can only beused for road purposes, according to Bloom.

“There’s a hundred years of Supreme Court andCourt of Appeals decisions that said all this,” he said.“The big mystery is why the Court of Appealsdisregarded that and ruled the other way and nevertried to interpret that. It didn’t explain why it wasoverturning or overruling those decisions. All theseother court decisions over the years, they nevermentioned those.”

Bloom said a series of state statutes governing platsand land division have shared some common

language over the past century, including the term“fee,” an old English common law concept thatgenerally means land ownership. However, while thoselaws used the term fee to describe a dedication of land— in this case to a road commission to create andmaintain a roadway within a platted development —those statutes “didn’t just stop there,” he said.

“They say something like the local authority gets afee, but the land can only be used for the purpose forwhich it was dedicated,” Bloom said. “There wasother limitation language.”

“We actually were very concerned that the SupremeCourt decision could have gone against (first-tier

38 APRIL 2011 www.oaklandlakefront.com

property owners),” MLSA’s Brown said. “Given theunpredictability of some of the court’s decisions, itwas in the realm of possibility they could have ruledagainst riparians. Given the personalities involved onthe Supreme Court, it could have easily gone againstus.”

I f the Supreme Court had upheld the lower courtrulings, county road commissions could have

removed any first-tier property owners’ docks placedoff plat-dedicated road rights-of-way along Michigan’sinland lake shorelines.

But that’s not all. Under such a court ruling, theroad commissions could have also installed their owndocks where the first-tier property owners had placedtheir docks, and charged boat owners for dock slips.This would have essentially authorized roadcommissions to operate marinas where first-tierproperty owners had enjoyed exclusive riparian rights.

While authority to erect docks and operate amarina where first-tier property owners previouslyexercised their riparian rights may have presented atempting prospect for today’s cash-strapped roadcommissions, liability issues and the cost ofmaintaining a marina probably made such anopportunity impractical, according to state roadofficials.

Road Commission for Oakland County officials, whohad closely watched the Baum case, say the agency

never had any real interest in taking advantage ofsuch an opportunity.

The loss of riparian property rights for first-tier lot

owners wasn’t all that was at stake in the case. Had

the Supreme Court upheld the previous court

decisions, the value of first-tier properties would have

plummeted since they would no longer be considered

riparian properties. Property assessments would have

to be adjusted to reflect that the lots were no longer

lakefront lots, and that would cause a drastic decline

in tax revenues collected by municipalities and other

taxing authorities.

MLSA’s Brown said the association would like to

see state lawmakers enact legislation to codify

the Supreme Court’s Baum case ruling and the

previous decisions handed down over the past century

so that this kind of legal battle doesn’t have to be

fought over and over again.

“In terms of riparian access in that particular

situation, where you have an interceding public

thoroughfare on the inland lakes, we get many calls

each year about these battles, and the local law

enforcement and State Police won’t get involved,”

Brown said. “The police refuse to step in because the

law is so vague. That’s a big problem. It’s an ongoing

battle and courts continue to revisit the same issues

that have been decided over and over again.” ❏

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hen a vacancy on the CommerceTownship Board of Trustees recently

cropped up, the remaining board members tapped afamiliar face to fill the void. David Law — a former staterepresentative, assistant county prosecutor, andchairman of the Oakland County Republican Party — gotthe nod and will remain a board member until nextNovember.

“There’s good people on the township board,” said theWest Bloomfield native who has lived on Commerce’sLong Lake for seven years. “Financially, Commerce is in alot better shape than most communities. I’m really lookingforward to serving, and looking to continue to serve.”

Currently working as an assistant attorney general inthe Michigan Attorney General’s Office Children and YouthServices Division, Law just wrapped up a two-year stintas leader of the county GOP, a role that ended on Jan. 1.Before that while serving in Lansing as a state lawmaker,he received conservation awards for his efforts to protectthe environment.

“I’m really looking forward to working in that kind of

capacity while serving on the township board —protecting the lakes and waterways,” he said.

When your job entails prosecuting those who prey onchildren, you need something to erase the disturbingimages and scenarios inherent in child abuse, neglect,and sexual assault cases. Law said living on Long Lakedefinitely helps in that regard.

“It’s calming,” he said. “After a long day of work, Ican come home and relax in that kind of setting. That’s abig thing for me, and I enjoy living there for that reason. Ihave my days, obviously; but it feels good at end of theday to know you helped a child in a situation like that.It’s very gratifying.

“I’ve lived on lakes pretty much my whole life,” headded. “Long Lake has a lot of great people living on it.The views of the sunrises and sunsets are tremendous.It’s an all-sports lake, and has everything you couldwant.”

— Tim Dmoch– Oakland Lakefront photo/Amy K. Lockard

davidlaw

WATERCRAREGULATIONS

A fter months of deliberation on a boat ordinanceamendment that would appease residents on thetrio of lakes that the city abuts, the Orchard Lake

City Council adopted an ordinance amendment at its Dec.20, 2010 meeting.

Initially, council members wanted the ordinance toaddress three key issues: Limiting the number of boats ariparian property owner may moor; the number of boatspermitted at outlots or other properties with dividedownership; and prohibiting boats docked at lakefrontproperties that are not owned by the property owner.

After gleaning input from residents, the city’s governingbody withdrew certain provisions and redlined regulatingthe number of boats a property owner could dock.

“It eliminates the number of boats that can be mooredat individual lakefront properties, but it does require anyboat moored to be registered by the property owner,” saidCity Clerk Janet Overholt-Green.

Boats must be registered in the city; otherwise, theproperty owner faces a municipal civil infraction.

“We would seek relief to correct the problem, but we’renot looking for fines — just compliance,” Overholt-Greensaid.

The old ordinance stated that a property owner couldnot dock more than two boats on his or her property. Ifthe city council did not pass an amendment, the formerordinance would have remained in place and wasconsidered much more restrictive even though it hadn’tbeen enforced in years.

According to Overholt-Green, the old ordinance was notenforced since at the time of adoption, personalwatercrafts were not prevalent. However, their popularityhas since grown and the old ordinance would have put toomany residents in violation.

As for divided ownership, the new ordinance retains therights currently in place.

“These rights are not protected, but can’t beexpanded,” Overholt-Green said.

The ordinance amendment became effective Jan. 10. ❏

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42 APRIL 2011 www.oaklandlakefront.com

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Legislation that would effectively ban theapplication of lawn fertilizers that containphosphates to residential grasses has cleared

both chambers of the state Legislature and willtake effect on Jan. 1, 2012.

House Bill (HB) 5368 passed the state Senate32-1 and the state House 63-37 in December.

The bill prohibits the application of phosphate-containing fertilizer to residential lawns.

Phosphorus is one of the elements essential toall living organisms and is quite often a limitingfactor in many environments, since the amount ofphosphorus available dictates the growth rate ofmany organisms that live in that environment.

While necessary for growth, phosphates canpose a problem to the environment when anexcess amount is present.

One of the biggest problems is the rapid growthof algal blooms in an aquatic environment withelevated levels of phosphorus.

“They take the oxygen out of the water, whichthen decreases the amount of dissolved oxygenavailable for fish and other animals,” said DianeEbert-May, a professor of plant biology atMichigan State University. “Algae can grow veryquick and can compete for a lot of different

things. The decreased dissolved oxygen reallycauses fish and other invertebrates to struggle.”

Excess phosphates thus have the potential toset off a chain of events that could drasticallyaffect and alter an ecological system. Runoffcontaining fertilizers can result in excess levels ofphosphates and other nutrients in lakes andstreams.

“Excess phosphorus continues to harm ourlakes and inland waterways, and threatenimportant industries like tourism and fishingwhich are vital to our economy and our way of lifehere in the Thumb,” said state Rep. Terry Brown(D-Pigeon), the bill’s sponsor. “This law willprotect our precious natural resources and thetens of thousands of jobs across Michigan thatrely on clean, healthy waters. I’m pleased that theHouse and Senate were able to pass this law andprotect our waters for generations to come.”

Although the law prohibits the use ofphosphorus fertilizers on residential lawns, thelaw allows for some exceptions. Fertilizerscontaining phosphorus can be used to helpestablish a new lawn or when soil tests prove thatthere is not enough phosphorus present in the soilto support a healthy lawn. ❏

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phosphates takes effect next yearBy Angela Niemi

44 APRIL 2011 www.oaklandlakefront.com

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T he state Department of Natural Resources(DNR) recently received good news in thefight against Asian carp, as new test resultswere negative for environmental DNA (eDNA)

from either Bighead or silver carp in waters locatedin southwest Michigan.

eDNA is a genetics tool developed by researchersat Notre Dame and the Nature Conservancy whichdetects the presence or absence of species-specificDNA in an aquatic environment, such as the cellsshed by Asian carp through their feces, urine,mucus, and gills.

Between Sept. 15 and Oct. 5 last year,researchers from Notre Dame and the NatureConservancy collected 74 water samples from theGalien River, in addition to 122 samples from the St.Joseph and Paw Paw rivers.

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 andthe threat they pose to the Great Lakes Basin,” saidOffice of the Great Lakes Director Patricia Birkholz ina press release. “An ecological separation of theMississippi River and the Great Lakes remainsimperative to our goal of keeping this invasivespecies out of Michigan waters.”

Concerns over a possible Asian carp invasion ofLake Michigan grew last June when the first live

Asian carp, a Bighead carp, was caught beyondelectric barriers in Lake Calumet, just 6 miles fromLake Michigan.

Asian carp, first imported to control algae in fishfarms along the Mississippi River, escaped during aflood event in the 1990s. Since then, the carp havemoved quickly up the Mississippi River and into theIllinois River, the Des Plaines River, the ChicagoSanitary and Ship Canal, and the Calumet-SagChannel.

Asian carp can weigh up to 100 pounds, grow toa length of more than 4 feet, and, on average, eat upto 20 percent of their body weight in food a day.They are also extremely prolific. As such, Asian carppose a major economic concern as they wouldoutcompete other Great Lakes fish species.

Michigan’s fishing industry is estimated to bringin about $7 billion each year.

“Just because we have good news doesn’t meanwe should relax our position at all,” said DNRSpokesperson Mary Dettloff.

In an effort to maintain constant vigilance in thefight against an Asian carp invasion, the team atNotre Dame will continue to collect and analyze over400 water samples from Michigan waters in 2011.Samples will be taken from the Grand, Raisin, Belle,Black and Pere Marquette rivers to monitor for thepresence of Asian carp DNA. ❏

A fish out of waterGood news: No Bighead, silver carp DNA found in state

By Angela Niemi

46 APRIL 2011 www.oaklandlakefront.com

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T he Milford Township Board of Trustees hasofficially set and certified the roll for therenewal of a special assessment district (SAD)

for the improvement and maintenance of SearsLake, a private lake in the township.

A public hearing was held before the roll wasset at $234.75 for on-lake residences and $55.67for off-lake residences.

Township Treasurer Cynthia Dagenhardt saidthe Sears Lake SAD is comprised of 108 off-lakeresidences and 73 lakefront residences and thatthe lake’s previous SAD was set to expire afterDec. 31, 2010.

The SAD will assess costs of no more than$25,000 annually for 10 years to be split amongthe residences for aquatic weed eradication andcontrol on the lake, along with maintenance and

improvement.The expired SAD was originally established in

the area surrounding Sears Lake in 1999 foreradication of aquatic plants and weeds.

SADs are a common method of paying forcommunity projects, such as installing lake levelaugmentation wells or extending a water main, forexample.

The vast majority of SADs are established underPublic Act 188 of 1954, which states the processis begun when a governing body is presented witha petition requesting the SAD and containing thesignatures of land owners representing at least 51percent of the area within a proposed SAD.

Once a SAD is approved, the owners of propertywithin the district pay a proportional assessmentto cover the cost of a project. ❏

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48 APRIL 2011 www.oaklandlakefront.com

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ABOUT US • ABOUT US • ABOUT USSince 1959, our only focus has been Oakland County

IN OUR 52ND YEAR • IN OUR 52ND YEAR • IN OUR 52ND YEAR

SPINAL COLUMN NEWSWEEKLYWeekly newspaper reaching 50,000 homes in the lakes area, withfour editions serving Commerce, Walled Lake, Wolverine Lake,Wixom, West Bloomfield, Orchard Lake, Waterford, Milford,Highland and White Lake. Considered the leading source of newsand advertising information in west Oakland County.

spinalcolumnonline.com

OAKLAND LAKEFRONTFull-color, oversize-format magazine direct mailed county-wide to17,000 lakefront homes seven times a year. Oakland Lakefrontcaters directly, both on the advertising and editorial front, to thespecial interests and concerns of the homeowners who share acommon bond based on the lifestyle that accompanies lakefrontliving.

oaklandlakefront.com

WEST OAKLAND DIRECTORYThe most successful directory of essential information for bothnewcomers and current residents, the West Oakland Directory reaches50,000 homes, plus high foot-traffic locations at the start of each year.Produced in magazine format, all full-color, on high quality stock, theWest Oakland Directory is now in its 29th year of publication.

OAKLAND HOMESA full-color real estate magazine serving the area of Commerce,Waterford, White Lake, Milford, Highland, Clarkston, Independence,Oxford, Orion and north to the county border. Produced each month,Oakland Homes is distributed at high foot-traffic locations throughoutthe west and north Oakland areas. Priced right for the Realtor® seekingfull-color presentation of client listings.

MONTHLYADVERTISERA high-quality, full-color, direct-mail advertisingmagazine, produced in three editions each monthto serve the western lakes area of Oakland County.Combined the three editions reach 73,600 homes.All ads appearing in the MonthlyAdvertiser alsoappear on the publication’s website.

monthlyadvertiser.com

OAKLAND LAKEFRONT DEADLINES:May Issue deadline is April 19thJune Issue deadline is May 17thJuly Issue deadline is June 14thAugust Issue deadline is July 19thSeptember Issue deadline is August 19thOctober Issue deadline is September 20

STARTING NEXT MONTH:Here is your opportunity to promote your waterfront real estate listingsin an environment targeted at lakefront property owners who may belooking to take advantage of a buyer’s market and “trade up”.

50 APRIL 2011 www.oaklandlakefront.com

• Boulder/Limestone/Wood/Vinyl/Steel Seawalls

• Retaining Walls/Pavers

• Waterfalls

• Turn Key Operation

• Fully Insured

• Established 1990

• Free Estimates

• Quality Workmanship

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After

After

Before

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BOAT SLIPSAVAILABLE

Same Location Since 1930Located on M-59on Pontiac Lake

P • O • I • N • TM A R I N A

Marine Parts and AccessoriesMechanical and Electrical RepairsShrink-Wrapping, Winterizing & Outside StoragePontoon Hauling - Low Rates, Licensed & InsuredRow Boat & Canoe Rentals - Motors AvailableProp Repairs & Cover Repairs

8226 Highland Rd.White Lake MI 48386

248.666.2854

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Located on the North side of M-59,just East of Pontiac Lake Rd.

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AQUATIC WEED HARVESTING•Lake Siltation Studies •Floating Fountains

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DOCKS LIFTS

Family Owned - Over 25 Years Experience333 E. Huron, Milford 48381

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Midwest Dock andMidwest Marine Services

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Serving thearea for

19 years

• SALES• PARTS• SERVICEWe Sell Docks& Lifts

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PontoonRentals

Madein

Michigan

lakefrontreal estate

SteveDirect:

[email protected]

JanetDirect:

[email protected]

www.TheStocktonTeam.com

2900 Union Lake Rd., Suite 210Commerce, MI 48382

248-366-7200Zillow - Preferred Agent

ALL-SPORTS ORCHARD LAKE FRONT - 1.73 TREED ACRE•Custom built sprawling ranch with full finished walkout•5 bedroom, 4.5 bath with over 5,500 living sq. ft.•3 car, decks, pavers, porches, 142 ft. shoreline, dock

BEAUTIFUL @ $1,495,000#210039130 • 1-800-396-5204 X223

2005 BUILT MAIN LAKEFRONT - GREEN LAKE•3 story Dutch colonial 3,230 sq. ft. + finished walkout•Custom quality 4 bedroom, 4.5 bath + lots of extras•Florida room, 2nd floor covered porch, 2 story garage

A MUST SEE @ $549,900#210128747 • 1-800-396-5204 X222

W. BLOOMFIELD TWP.

ORCHARD LAKE

CUSTOM BUILT - ALL-SPORTS MACEDAY LAKEFRONT!•4 bedroom, 4 bath, all brick + finished walkout•Boasting 5,200+ sq. ft. of pure luxury living sq. ft.•1st and 2nd floor masters, huge volume rooms + 3 car

A MUST SEE @ $774,900#211017553 • 1-800-396-5204 X296

WATERFORD TWP.

ALL-SPORTS CASS LAKEFRONT - 53 FT. SANDY SHORE•4 bedroom, 3.5 bath, fin. walkout, 3,100+ sq. ft. total•Granite, stainless appliances, hardwoods, new baths•Huge master + deck, bar/kitchenette, deck, patio, 3 car

GREAT HOUSE @ $499,900#210042706 • 1-800-396-5204 X216

ALL-SPORTS WOLVERINE LAKEFRONT RANCH•1,843 sq. ft. + 1,300 sq. ft. in finished walkout• 3 bedroom, 2.5 bath, 2 fireplaces, 2 kitchens•Master suite, jet tub bath, deck, dock, sandy beach

BARGAIN @ $349,900#210143327 • 1-800-396-5204 X288

WOLVERINE LAKE

WATERFORD TWP.

ALL-SPORTS WOODHULL/LAKE OAKLAND LAKEFRONT•Dramatic and open with 4 bedroom, 2 full/2 half baths•3,500 sq. ft. of living space with finished walkout•3 decks, bonus room, courtyard garage and dock

A MUST SEE @ $374,900#210074962 • 1-800-396-5204 X247

WATERFORD TWP.

125 FT. MAIN LAKEFRONT - ALL-SPORTS LAKE NEVA•2,820 sq. ft., 4 bedroom, 2.5 bath, 3 fireplaces•Beautifully remodeled throughout and full of extras•2nd floor laundry, multiple decks, seawall and dock

MUST SEE @ $349,900#210121972 • 1-800-396-5204 X205

GORGEOUS HOME ON ALL-SPORTS PLEASANT LAKE•1,704 sq. ft., 3 bedrooms, 2.5 baths, deck, gazebo•Great room with fireplace, granite kitchen•Master with bath, walkout basement, 2 car garage

HURRY @ $299,900#210140024 • 1-800-396-5204 X262

WATERFORD TWP.

WHITE LAKE TWP.

GORGEOUS ALL-SPORTS NEVA/BRENDEL WATERFRONT•Spacious 3,700+ sq. ft., 4 bedroom, 3.5 bath•Custom fireplace, granite kitchen•2-story great room, jet tub, patio, deck

HURRY @ $309,900#210102601 • 1-800-396-5204 X232

WHITE LAKE TWP.

The Stockton’s are the Lakes Area’s #1 Team!

SteveDirect:

[email protected]

JanetDirect:

[email protected]

www.TheStocktonTeam.com

2900 Union Lake Rd., Suite 210Commerce, MI 48382

248-366-7200Zillow - Preferred Agent

MILLION DOLLAR VIEWS - ALL-SPORTS UNION LAKEFRONT•Open, spacious 4 bedroom, 2 bath + incredible views•Huge cathedral master + fireplace and private deck•4 car garage + huge storage, deck, dock and more!!!

BEST BUY @ $529,9001-800-396-5204 X211

70 FT. LAKEFRONT WHITE LAKE•3 bedroom, 3 bath ranch + finished lower level walkout•Lake views, brick fireplace, 2 enclosed porches•2 car garage, paver walks and stairs, tired decking, dock

A BEST BUY @ $274,900#211007248 • 1-800-396-5204 X268

WHITE LAKE TWP.

W. BLOOMFIELD TWP.

INCREDIBLE SUNSETS - ALL-SPORTS COMMERCE LAKEFRONT•Opportunity knocks - 2 incredible future building sites•3 bedroom ranch summer retreat with enclosed porch•Island living + trees, circular drive and sandy shoreline

A MUST SEE @ $399,9001-800-396-5204 X285

COMMERCE TWP.

PANORAMIC ALL-SPORTS LONG LAKEFRONT VIEWS•Updated 2,120 sq. ft. 2 story, 3 bedroom, 2.5 bath•Hardwoods, stone fireplace, stainless steel appliances•Huge master - jet tub, 2 decks, 2 car., dock, more

HURRY - WON’T LAST! @ $274,900#211002164 • 1-800-396-5204 X274

1+ ACRE - 110 FT. MAIN LAKEFRONT ALL-SPORTS OXBOW LK.•Awesome views - original a log cabin + newer addition•2/3 bedroom, 2 bath, 1,450 sq. ft. (needs some fin. work)•4 car attached garage, huge deck, enclosed porch, dock

A MUST SEE @ $249,900#21101608 • 1-800-396-5204 X227

WHITE LAKE TWP.

COMMERCE TWP.

CHARMING HOME ON ALL-SPORTS WATKINS LAKE•1,170 sq. ft., 3 bedroom, deep treed lot, fireplace•Newer kitchen and bath with ceramic floor•Basement, 2 car garage, huge storage loft

HURRY @ $259,900#210128982 • 1-800-396-5204 X251

WATERFORD TWP.

GERUNDEGUT BAY - ALL-SPORTS CASS LAKEFRONT•Beautifully remodeled ranch home, stonefront fireplace•Dining room, Corian counter kitchen with appliances•Wood laminate floor, ceramic tile, crown molding, deck

HURRY @ $219,900#211027050 • 1-800-396-5204 X280

WHITE LAKE WATERFRONT RANCH WITH WALKOUT•1,661 living sq. ft., 3-4 bedrooms, 2 baths, great room•Snack-bar kitchen, family room with fireplace•Enclosed carport, shed, deck, patio, dock, beach

UNBELIEVABLE @ $149,900#211026322 • 1-800-396-5204 X260

HIGHLAND TWP.

WATERFORD TWP.

ALL-SPORTS WILLIAMS LAKE - WIDE CANALFRONT•Gorgeously remodeled 3 bedroom tri-level•Granite kitchen/nook, great and family rooms•Master - bath access + deck, patio, dock and shed

A BEST BUY @ $149,900#210044168 • 1-800-396-5204 X236

WATERFORD TWP.

The Stockton’s are the Lakes Area’s #1 Team!

44 APRIL 2011 www.oaklandlakefront.com

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GOT MUCK?HOW ABOUT WEEDS?

A Real Source of RemediationFor Your Lake and Waterfront

Home Featured onDiscovery's Dirty Jobs

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Bay Pointe Golf Club4001 Haggerty Rd., West Bloomfield, MI 48323

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O A K L A N D

LAKEFRONT

Don’t Miss the Boat!May issue ad deadline

April 19th.

Don’t Miss the Boat!May issue ad deadline

April 19th.

CUSTOM LAKEFRONT AND RESIDENTIAL

VIEW ALL LAKE ANGELUS LISTINGS AT WWW.LAKEANGELUS.COM3421 OLD BALDWIN ROAD

LAKE ANGELUSFabulous sunsets from thisbeautiful 3+ acre Lake AngelusEstate 4 bedroom 4.5 bath, 4.5car garage, 7,000 sq. ft., 1stfloor master, 151 ft. lakefrontage, paved road + 3bedroom, 2 bath guest house.

$1,499,900

2200 LAKE ANGELUSSHORE

Modern sophistication 5 bedroom,5 bath custom contemporarytudor on 110 ft. sandy frontageon Lake Angelus. 7,000 sq. ft. 3car heated garage. Fabulousviews. Seller financing - Drasticreduction.

$1,999,900

2378 LAKE ANGELUS LANEFabulous lake views. 4bedrooms, 4 baths, 2,000 sq. ft.ranch with 1,600 sq. ft. infinished lower level. Deck, paverpatio, 2 car garage, stoneseawall.

$894,000

299 GRAY WOODSLAKE ANGELUS

Fabulous newer construction(‘04). Views, views, views with10,000+ sq. ft.! 5 bedrooms,5.1 bath, 4+ car garage, 2+acres with 105 ft. lake frontage,finished walkout. Granite, marble,hardwoods.

$1,795,000

2120 LAKE ANGELUS SHORELive the lifestyle of your dreamson highly coveted; trulyspectacular Lake Angelus. Withevery amenity imaginable. Viewsworthy of a postcard. This lovelyCape Cod is ready.

$1,850,000

742 LAKE ANGELUS SHORESFabulous lakefront lot. 2,500 sq.ft. 1860s farmhouse with 3-4bedrooms, 1 full and 2 half baths.Beautiful south shore location with4.06 acres and 124 ft. of lakefrontage.

$950,000

995 LAKE ANGELUS ROADVacant 5.37 acre parcel with168 ft. of lake frontage on northside of Lake Angelus. Plans for8,000+ sq. ft. home available.

$999,900

2405 LAKE ANGELUS ROADHorses, horses, horses - 6.25acres. 4 bedrooms, 2.5 baths,3.5 car garage, horse barn, polebarn, tack room, corrals, walkoutlower level, 3,200 sq. ft.

$1,199,900

3785 INDIAN TRAILORCHARD LAKE

Beautifully updatedlakefront with fabuloussunset views. 4bedrooms, 4 baths, 4+car garage over 4,300sq. ft. with 1.3 acres.

$1,399,900

6739ROYAL HARBOR

This is an entiresubdivsion: 2,500sq. ft. home, 3 brms.,2.5 bath on VanNorman Lake, +7add’l. lakefront lots. $480,000 for all

2852 SATURNLAKE VOORHEIS

Beautiful colonial 4bedroom, 3.5 bath, 2car garage. Updatedover 2,000 sq. ft. +additional 1,800 sq. ft.in finished lower level.

$299,900

PRISTINE AND PRIVATE LAKE ANGELUSYOU’LL THINK YOU’RE IN NORTHERN MICHIGAN. Crystal clear, spring fed, 470+ acre private Lake Angelus.

Water Skiing and sailing. No jet skis. 15 minutes north of Birmingham/Royal Oak/Southfield. Call me for your personal tour.

LEE EMBREY248-283-8151E-MAIL: LEMBREY@ SKBK.COM

S O L D

S O L D

NEWPRICE

CHECK OUT LEE’S WEBSITE AT WWW.LEEEMBREY.COM OR WWW.LAKEANGELUS.COM

348 E. MAPLE • BIRMINGHAM, MI 48009248-283-8151

WWW.SKBK.COM

www.oaklandlakefront.com OAKLAND LAKEFRONT 55

56 APRIL 2011 www.oaklandlakefront.com

bÇ à{x `tÜ~xà7904 Flagstaff ~ West Bloomfield

COME SAIL AWAY!!!Fall in love with lake living in this beautifully renovatedhome. Completely redone in 2006. Gorgeous Andersenwindows frame simply stunning views of all-sports UnionLake. Gleaming hardwood on main level plus master suite.Granite with glass tile backsplash in kitchen. Main floorlaundry and utilities (all new HVAC, plumbing, electrical, roof2006). Gorgeous great room with wonderful views opens to“trex-type” deck. Great yard for entertaining ~ sandy bottomat shore is very shallow for kids to play.Skylights enhance the staircase & upper landing. Twobedrooms on street side share spacious family bath withceramic tile, large tub and two sinks with Corian counters.Master suite on lake side features large walk-in closet andluxury bath with ceramic floor, granite counters, over-sizejetted tub and extraordinary shower!

Call for price and terms.

Karen Thomas ~ Associate BrokerCERTIFIED RESIDENTIAL SPECIALIST

248-505-3066www.KTsellsHomes.com 2600 Union Lake Road Suite 150,

Commerce MI 48382

• 3 bedroomsLuxury master suite onlake side with walk-in closetand huge bath

• 2 full and 1 half bath

• Re-built 2006

• 2,134 sq. ft.

• LakefrontAll-sports Union Lake Peninsulasetting with expansive lakeviews and no view of neighbors75 feet of frontage

• Walled Lake Schools

• All appliances included

• Extra deep garage withtons of storage

• MLS#211021625

COMMANDING COMPOUND9,500 sensational sq. ft. nestled at the heart

of 3.3 luxuriant acres and overlookingillustrious Lake Angelus. Grand motor court

marked with porte cochere and 6 car garage.$2,995,000 38-GRA

CROWN JEWELPanoramic vistas of elite Lake Angelus

illuminate this palatial 7,700 sq. ft. estateaccented with cherry, granite, limestone and

Traverine. Constructed to precision.$2,250,000 23-LAK

(248) 625-1010Take a Virtual Tour Online:www.mmrealtors.com

25 South Main St.Clarkston, MI

EXTRAORDINARY ESTATE1.6 timbered acres embrace 10,000 luxurious

sq. ft. with 6 bedrooms, 5.2 baths, 4 fireplaces,and 4+ car garage. Sparkling in-ground pool

overlooks all-sports Walters Lake.$1,300,000 50-FOR

SURF & SANDDreamy Lake Oakland contemporary with 5bedrooms, 4.1 baths, cathedral great room,

kitchen with hearth, formal dining room,finished walkout and a heated 3-car garage.

$597,777 35-LAK

PERFECTLY POSHAll-sports Lake Orion modernization with 4bedrooms, 3.1 baths, top-notch gourmet

kitchen, pillared great room, finished walkoutout lead to peninsula setting with sandy beach.

$520,000 85-ISL

SOUTH BEACH STYLE2,900 fashionable sq. ft. with 3-4 bedrooms,

3 baths, scrumptious kitchen with hearth,firelit loft, cathedral living room and

dining with a wall of windows.$449,000 34-LEX

THE WHOLE YARDSClassic contemporary with towering ceiling

heights, sleek custom cabinetry, floatingstaircases, skylights, glass block and lucite

spindles throughout its 3,600 sq. ft.$425,000 35-LEX

BOLD AND BEAUTIFULSizzling 2,400 sq. ft. colonial with 3 bedrooms,

2.1 baths, extensive Brazilian cherryhardwoods, granite kitchen, extended

moldings and a 3-car garage.$275,000 11-SCE

SPLENDOR ON THE LAKEWhimsical ranch restoration withhardwood and ceramic canvases,

three-season porch, stylish fixturesand built-ins galore.$249,900 62-WER

LAKE ANGELUS

LAKE ANGELUS

SOLD

COMING SOON

PENDING SALE

PENDING SALE

PENDING SALE

BIGLAKE

PRIVATE

ALL-SPORT BEACH

KeniceSchooleyKenice.com

RonSerafini

“Former NHL Player”

CherylKarrick

[email protected]

58 APRIL 2011 www.oaklandlakefront.com

560 N. Milford Rd.Milford

CYNDI ROBINSON20 Years of Successful Experience!

(248) 431-4571 cellwww.cyndirobinson.com

realestateone.com/crobinson

WELCOME TO LAKEFRONT CHARMUpdated home on main White Lake! Sandy beach,seawall, lakeside deck and dock. Open with ceramicentry, newer kitchen, birch cabinets, Corian countersupdated, upper bath. Wall of windows for panoramicviews! Oversized heated garage, workshop. 4 bedrooms,2 face lake! 2 baths. $279,000 MLS#211026836 (3991W)

BEAUTIFUL SPOT ON WHITE LAKEWonderful landscaping with 1,000 sq. ft. of paverpatio and outdoor kitchen. Firepit and sandy beach. Tilefloors in kitchen, dining and great room. Open with 4bedrooms, 3 baths, radiant heat in floor, heated garage.Lots of parking. Lakeside master with jetted tub. 2-storyentry. $489,000 MLS#211028652 (3252L)

TOP AGENT, REAL ESTATE ONE - MILFORD OFFICEFOR 15 YEARS IN A ROW!

LAKEFRONT AND ACREAGE SPECIALIST!LIVE ON THE LAKE IN 2011!

ALL-SPORTS WHITE LAKE HOMEMain lake frontage with 100 ft. seawall. Quiet cul-de-sac street. Lot faces part of a nature preserve. Manyupdates. Open with lots of storage areas. Fourbedrooms, 2 baths, 2+ car attached and separate boatgarage/shed or workshop. All season room lakeside.Decking, large lot size. Nearby home sold for $500k.Call today! $329,000. MLS#210122488 (3522R3)

BEAUTIFUL LAKEFRONT WITH SANDY BEACHThree bedroom, 3 bath, 2,351 sq. ft. home with hugedeck, 2 patios and 2 sheds. Located on Charlick Lakewith a screened in pool. Huge 29’ x 25’ garage withworkshop. Many updates include: newer furnace,windows, kitchen and paver walk. Newly paveddriveway. Possible lease to own. One year warranty.$228,900 MLS#210125945 (3902L3)

AWESOME DUCK LAKE RANCHFour bedrooms, 3 baths, huge expanded great roomwith cathedral ceilings. Finished walkout with secondkitchen, bar, full bath and fourth bed or den. Newstamped patio. Updated cabinets. Huge lower levelfamily/rec room, sandy beach. A great place for lakeliving. Minutes to Milford. $347,850 MLS#211001292(1786M3)

ALL SPORTS WHITE LAKE LOTDream home lake site on all-sports White Lake. On oneof Oakland County’s largest lakes. Buildable lot readyfor your plan or sellers. All leg work done. Plans,permits and engineering approved septic. Seller hasremoved older home, had perks, surveys and drawingsfor plot plan. $124,500. MLS#210121301 (3016W3)

HEAD FOR THE HILLS!Highland Hills that is! Chalet style home has manyquality upgrades! Large 1/2 acre site and lake views.Wide natural wood trim and 6 panel doors. A lot ofnewer Andersen’s. Three bedrooms, 2.1 baths, finishedlower level with second wood burning fireplace. Paverwalk and patio. $199,000 MLS#210118857 (3902T)

SOUTH BAY SHORES ALL-SPORTS DUCK LAKEPrivate all-sports 270 acre lake with no public access.Large lot and area of all newer homes. Threebedrooms, 2.1 baths, loft is possible for 4th bedroom.Walkout for added sq. ft. when finished. Finished3+car. Sandy beach. On bay with the best main lakeviews! Over 3,100 sq. ft. Huron Valley schools. Minutesto Milford. $559,000 MLS#210110813 (2916V3)

363 Avanti Lane, Highland3191 Beaumont Dr., Highland Twp.7040 Biscayne Ave., White Lake Twp.925 Byron Dr., Milford Village2191 Canterwood, Highland Twp.1268 Craven Dr., Highland Twp.2601 Gemini Dr., Orion Twp.3415 Lido, Highland4715 Mallards Landing, Highland Twp.

1185 Manderly Dr., Milford Twp.4455 McKeachie Rd., White Lake Twp.958 Panorama Dr., Milford Village3334 Ramada Dr., Highland Twp.999 Stone Barn, Highland6405 Stonewood Dr., White Lake Twp.5980 Turnberry Dr., Commerce Twp.170, 180 & 190 Water Street Ct.

Milford Village

496 Bogie Lake Road, White Lake601 Fenton Commons, Fenton4645 Lakegrove, White Lake2639 Moonglow, Hartland1701 Ridge Road, White Lake313 Riverwood, Milford8222 Sequoia, White Lake2140 Sunnybrook, Commerce875 Whisperwood, Fenton

20 Years Solid Successful Experience in the Milford, Highland, Commerce, White Lake & Lakes Area.

2010 SOLDS!PUT YOUR HOME ON MY SOLD LIST!

FOUR STAR CUSTOM DESIGNEDCaptures panoramic lakeviews, yet on quieter part ofbay to White Lake. Built in ‘94 with attention to details.2 bedrooms, 2 1/2 baths, Pella casement windows.Paver walks. 2-story entry with bridge. Spiral stairs, 2side fireplace, granite kitchen, maple cabinets, heateddrive. White Lake. $334,900 MLS#211028656 (3604L)

www.oaklandlakefront.com OAKLAND LAKEFRONT 59

3777 Indian Trail80 ft. Frontage All-Sports Orchard Lake

All sports Orchard LakePrivate dock1+ acre wooded lotBacks nature trailBlue stone front walk & porch6,900 square feetRenovated in 20065 bedrooms3 full & 2 half bathsGranite kitchen designed

by Kitchen Studio,Sub-Zero, Miele, Kitchen-Aid& Thermadorestainless appliances

Granite wet bar, fridgewine cooler, ice maker

Oak paneled libraryBirch hardwood floorsLakefront master suiteMarble master bathLakefront verandaTwo-story exercise solarium

Endless Current pool5 Car heated garage2nd floor laundry

1,200 sq. ft. bonus room

$1,225,000

Jeff Barker has solda home a week

for the past 10 years248.425.6000

www.jeffbarkerhomes.com4120 Telegraph Rd.Bloomfield Hills, MI

Following are the waterway level readings for lakes and rivers across Oakland County, as compiled by personnel in Oakland County Water ResourcesCommissioner 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 denotedboth 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. Riverdepths are measured from the river bottom, at the point of measurement.

Angelus 950.00 950.24 +.24 950.13

Bevins 909.90 911.21 +1.31 911.03

Big 1016.70 1017.66 +.96 1017.72 Winter Lvl: 1016.70

Bunny Run 965.45 966.23 +.78 965.60 Winter Lvl: 965.45

Bush Lake 913.60 913.43 –.17 913.87

Cass 927.87 928.98 +1.11 928.90 Winter Lvl: 927.87

Cedar Island 933.50 934.05 +.55 933.86

Cemetery-Dollar 968.00 968.80 +.80 968.53 2)

Clinton River 2.10 3.82 +1.72 3.68

Commerce 906.30 907.36 +1.06 907.30

Crystal 917.00 917.40 +.40 917.10 7) Winter Lvl: 917.00

Dawson Mill Pond 927.25 927.65 +.40 927.48 6) Winter Lvl: 927.25

Duck 1016.13 1016.54 +.41 1016.35

Fox 929.50 930.52 +1.02 930.42

Huron River 1.08 1.74 +.66 1.80 5)

Indianwood 992.12 992.89 +.77 992.82 Winter Lvl: 992.12

Lakeville 951.80 952.04 +.24 952.10

Long (Commerce Twp.) 932.50 932.59 +.09 932.68

Loon 948.80 949.70 +.90 949.77 2), 3)

Louise-Huff 961.77 961.92 +.15 961.84 8)

Middle & Lower Straits 930.40 930.51 +.11 930.31

Mohawk 948.80 949.92 +1.12 949.82 2), 3)

Oakland-Woodhull 957.00 957.68 +.68 957.72

Orchard 930.20 930.47 +.27 930.20

Oxbow 942.00 942.72 +.72 942.88

Oxford-Multi 1017.48 1017.92 +.44 1017.48 1)

Pontiac 962.83 963.80 +.25 963.01

Schoolhouse 948.80 949.83 +1.03 949.78 2), 3)

Scott 951.00 949.29 –1.71 950.30

Sylvan-Otter 927.25 927.92 +.67 928.10 6) Winter Lvl: 927.25

Tipsico 1015.25 1,015.25 Legal 1015.24

Union 926.66 926.74 +.08 927.00

Upper Straits 930.80 931.15 +.35 931.40

Van Norman 966.20 966.62 +.42 967.20 2), 4)

Walled & Shawood 933.02 933.02 +.92 933.20 Winter Lvl: 932.10

Watkins 949.50 949.60 +.10 949.75

Waumegah 1049.40 1049.37 –.03 1049.98

White 1018.60 1019.00 +.40 1019.35

Williams 964.92 965.12 +.20 965.38 2)

LAKELEGALLEVEL 3.18.11 + OR -

PRIORYEAR NOTES & REMARKS

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.

WEEKLY

Lake Level

Updates @

oaklandlakefront.com

KATHYBROOCK..COM

K A T H Y

B R O O C K

B A L L A R D

[email protected]

MAX BROOCK REALTORS

275 S. Old Woodward Ave.

Birmingham, MI 48009

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Orchard Lake LakefrontSoft contemporary on over one acre of manicuredgrounds. This walkout setting is ideal for today’s livingor a perfect spot to build your dream house.

$1,200,000

Orchard Lake Lakefront Buildable SiteOne of Oakland County’s most scenic resort stylelocations. Water and sewer at road. Sandy beachfront.West Bloomfield schools.

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Private Lake AngelusSouth shore lakefront. Updated ranch with finishedwalkout lower level leads to patios and fire pit. Casuallakefront living and sandy bottom ideal for swimming.

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Cass Lake Lakefront SettingWith sunset and sunrise views with sandy beach. Cityof Orchard Lake. West Bloomfield schools. Surroundedby multi-million dollar homes. On private peninsulasetting. $749,999

City of Orchard Lake Buildable Walkout SiteAlmost 2 acres including Orchard Lake lakefrontdeeded outlot. Sunset views and sandy beach. Ideal forboating and recreational use.

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All-Sports Pine LakeLakefront home with walkout lower level. Southwestfacing. Long deep lot. Ideal recreational opportunity orbuild your dream home. A great destination location.

$549,000

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Fabulous OpportunityMove on to all-sports Union Lake. Sunset views, sandybeach and fabulous waterfront setting. Great cottagealternative. $349,000

All-Sports Union LakeSunset views and sandy beach with exceptionalwaterfront environment. Great room with fireplace.Finished lower level with full bath. $475,000

Oakland County Private LakefrontPeninsula setting with sunrise views and sandy beach.Soft contemporary with open floor plan. Exquisitelandscaping. Private!

$798,000

www.oaklandlakefront.com OAKLAND LAKEFRONT 63

64 APRIL 2011 www.oaklandlakefront.com

HOURS:Mon.-Fri. 9 a.m.-6 p.m.

Sat. 9 a.m.-5 p.m.

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(Exit 84 on US-23)

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EXIT84

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US23

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