09/10/2006

Week in Review

antrim

Residents file suit over lake festival

TORCH LAKE — Summer is waning, but the fight over an annual concert on the water is just heating up.

Some Torch Lake residents have sued the promoter of Torchfest in an attempt to stop the rock concert traditionally held each Fourth of July weekend on the sandbar at the south end of the lake.

Karen Ferguson, an attorney representing the Torch Lake Protection Alliance, said noise and unruly crowds associated with Torchfest have made it difficult for lake residents to enjoy their holiday weekend.

The alliance earlier asked Kalkaska Circuit Judge Dennis F. Murphy to order the event shut down. But Murphy refused because the request was filed June 29, just two days before the concert was scheduled.

The judge agreed last week to hear a similar permanent injunction request aimed at halting next year's event. A court date is set in October.

cheboygan

Write-in candidate sues over vote count

CHEBOYGAN — A college student sued Cheboygan County election officials because dozens of write-in votes were disqualified after the Aug. 8 primary election.

Dennis Lennox II, 22, of Topinabee, filed a lawsuit Thursday in 53rd Circuit Court after the Cheboygan County Board of Canvassers made a split decision earlier last week, which cost him some needed votes to qualify for the general election ballot in November.

Lennox was a write-in candidate and on election night had 54 votes in his tally, as was first reported on the county's Web site. More than three dozen ballots were later disqualified by precinct judges, leaving Lennox with 12 valid handwritten votes.

County Clerk Mary Ellen Tryban said Lennox is two votes shy of appearing on the November ballot, according to election laws.

County election officials did not restore any disqualified votes when they met Tuesday to recount the ballots.

Lennox sued to have his name included as a Republican candidate for District 4 of the County Board of Commissioners. He also asked for an emergency hearing and an injunction against printing the Nov. 7 ballots until the matter is settled.

crawford

Woman hospitalized following chase

GRAYLING — A car chase in Crawford County ended with a Mio woman taken first to jail and then to a local hospital for medical treatment.

The 36-year-old woman, who police refused to identify, was allegedly driving recklessly just after 7:30 p.m. Monday. Authorities received several reports about her blue Buick.

A caller from a mobile phone was able to lead police to the woman's location where the pursuit began. Police said her car was "all over the road" and crashed into several construction zone barrels, nearly hit several other cars and drove off the road multiple times. It stopped in a ditch on southbound Interstate 75, south of Grayling.

The driver was taken to the Crawford County Jail in Grayling, where deputies learned she suffered from hypoglycemia, or low blood sugar levels. She was taken to Grayling Mercy Hospital where she began to regain lucidity.

cheboygan

Man dies while diving at shipwreck

CHEBOYGAN — A St. Ignace man died while diving at a Lake Huron shipwreck.

Police officials said James Montcalm, 56, was diving Monday afternoon in about 135 feet of water when he apparently ran out of air. The Cheboygan County Sheriff Department reported Montcalm was diving with others at the wreck site of the Newell Eddy. Other divers attempted to give Montcalm air but were unable to do so, police said.

Divers from the same dive ship recovered Montcalm, who was taken to the Cheboygan County dock on the Cheboygan River.

Decision expected on snowmobile trail

CHEBOYGAN — A state decision was expected last week on whether to allow a snowmobile trail along the western shore of Mullett Lake.

A final decision was expected Thursday by Rebecca Humphries, director of the Michigan Department of Natural Resources.

The area in question runs from north of Indian River, through Topinabee, to a spot just south of Cheboygan. The trail formerly was a designated quiet area, but state Natural Resources Trust Fund officials overturned that restriction.

The 12-mile stretch would have a 35-mph speed limit and hours of operation that would prevent snowmobile traffic between midnight and 8 a.m. The trail would also be reviewed in two years, according to Lynne Boyd, DNR chief of forests, minerals and fire management.

The trail fills a gap between Gaylord and Cheboygan, where supporters for years have tried to get a designated state route established.

emmet

Man charged with using gun to run off tourists

PETOSKEY — A Charlevoix man faces multiple charges after allegedly using a gun to run a tourist couple off a public beach adjacent to his home.

Police said the 42-year-old suspect, whose name was not released pending arraignment this month, faces felony charges, including felonious assault and discharging a firearm while under the influence, for an Aug. 19 incident near where Townline Road dead ends at Lake Michigan.

A 39-year-old Ionia man and his girlfriend were at a public beach in the area when the suspect began throwing rocks at them, Emmet County Sheriff Peter Wallin said.

"He was just throwing rocks, wanted them to scare them off or whatever, and the other guy went up to see what was going on," Wallin said. "It was a verbal confrontation. Then it got physical. Then the guy pulled a gun."

The victim jumped down a ledge in attempts to get away and injured his ankle. A shot was fired after the victim jumped, police said, though it isn't known whether the suspect was shooting at the victim.

Wallin said the suspect was living with relatives on Townline Road.

There is a township park nearby and a public beach Wallin, said. The victim wasn't trespassing.

Police searched the home after the incident and located several guns.

The suspect, because of a prior felony record, should not have possessed any firearms, Wallin said.

The suspect is currently free on a $10,000 bond and set to be arraigned Sept. 28.

State cop charged for domestic violence

PETOSKEY — The state police Petoskey post commander faces a misdemeanor domestic violence charge, although no details about the nature of the charge were available.

F/Lt. Aaron Sweeney was charged with domestic violence in Emmet County District Court Thursday, said Michael Findlay, a special assistant attorney general who specializes in domestic violence cases.

Findlay said he could not provide details about what led to charges, and no information was immediately available from the state police or the Emmet County Sheriff's Department.

Sweeney could not be reached for comment.

grand traverse

Local man killed in motorcycle crash

INTERLOCHEN — A local man was killed in a weekend motorcycle crash in Green Lake Township.

Grand Traverse County Sheriff's officials said Kenneth A. Jankens, 57, of Traverse City, died from injuries sustained in a crash just before 7 p.m. Sept. 2. Authorities said Jankens was traveling south on South Long Lake Road and ran through a traffic signal at U.S. 31, where he was struck by a van driven by a 31-year-old Interlochen man.

Jankens was pronounced dead at Munson Medical Center, officials said. The driver of the van was not injured.

Two face multiple charges for drugs

TRAVERSE CITY — A local man and a downstate woman face multiple drug charges following their arrests by the Traverse Narcotics Team.

Gregory A. Wilson, 49, of Traverse City, faces four felony counts, including charges of delivery/manufacture of cocaine and conspiracy to deliver/manufacture heroin, following a search recently of Wilson's home in Garfield Township.

TNT officers said they recovered over an ounce of crack cocaine, 42 packets of heroin and a quarter-pound of marijuana.

Also arrested was Amy N. Barnette, 24, of Flint, who's also facing four felony drug charges. The offenses carry a maximum sentence of up to 20 years in prison and a $35,000 fine.

Both suspects are scheduled for preliminary examinations on Sept. 15.

Rotary grants $50Kto Boys & Girls Clubs

TRAVERSE CITY — A $50,000 grant to the Boys & Girls Clubs of Grand Traverse will go to hiring and training a full-time executive director and part-time support personnel to help resume programming for youth in Grand Traverse and Leelanau counties.

The grant was among several announced this week by Rotary Charities of Traverse City. Other grants include: Community Reconciliation Services, $13,000; Grass River Natural Area, $15,000; Northwest Michigan Human Services Agency, $22,000; Third Level Crisis Intervention Center, $25,000; Traverse Symphony Orchestra, $25,000; HomeStretch, $40,000. In addition, the Benzie Housing Council received a $3,000 Readiness Capacity Grant.

Fee dispute jeopardizes Hooters construction

TRAVERSE CITY — Developers of a Hooters restaurant along U.S. 31 North in East Bay Township may take wing from the site because of sticker shock over the cost of water and sewer hook-ups.

A dispute over a six-figure water and sewer connection fee from East Bay Township and Grand Traverse County delayed construction of the chain restaurant that was supposed to open this fall.

"It's not dead, it's injured," said Karl Schwartz of Wolgast Corp. of Saginaw, the construction company for the Dore family of Bay City who wants to build Hooters on a 1.66-acre parcel near Four Mile Road. "The owners of the project are very distraught, and they're very close to abandoning the project."

Schwartz said the county Department of Public Works wanted about $220,000 in sewer and water connection fees, which forced developers to reconfigure plans and reduce seating in the business. Schwartz said his company is building an "exact twin" of the building for a new Hooters in Saginaw, where water and sewer tap fees are less than $20,000.

County DPW director Chris Buday disputed the company's figures, and said his department is reviewing revised plans for a 168-seat Hooters with sewer and water connection fees at just under $118,000. Those rates are based on a standard formula used by the county on restaurant/bar operations, he said, which typically create more sewage flow than a non-bar eatery.

City to pay $10,000 to settle land dispute

TRAVERSE CITY — The city will pay $10,000 to the Harry Calcutt Trust to settle a dispute over ownership of land along the Boardman River.

City commissioners Tuesday unanimously approved the settlement, which gives the city a 25-foot wide by 66-foot long strip of land at the river's south side, northeast of J&S Hamburg restaurant.

Both the city and the trust claimed ownership of the land, and the city in April asked the Circuit Court who owned the property.

"While the claim of the city to this land was very good, the costs of litigation and the uncertainties of litigation, lead us to make this recommendation," City Attorney W. Peter Doren said in a memorandum to commissioners.

Two girls admit to paint job at church

TRAVERSE CITY — Police said two 17-year-old girls admitted to spray-painting a church on South Airport Road in Garfield Township.

Grand Traverse County Sheriff's officials said the incident occurred last Sunday at the Living Hope Assembly of God Church.

Another building on the old state hospital grounds was also spray-painted. Officials said two girls, one from Interlochen and another from Traverse City, admitted to the vandalism.

A report has not yet been sent to the prosecutor's office.

Sabin Dam hydro equipment to go

TRAVERSE CITY — Traverse City Light & Power is phasing out the Sabin, Boardman and Brown Bridge dams on the Boardman River to generate hydroelectric power. The utility board last year decided to surrender its federal license for the dams, citing repair costs.

The Federal Energy Regulatory Commission recently accepted the utility's plan to decommission the dams and ordered the utility to complete the work by Oct. 14.

Utility marketing manager Jim Cooper said Light & Power expects to start work at the Sabin Dam this week. Work to remove equipment at the Boardman Dam could begin Sept. 18 and at the Brown Bridge Dam in early October.

Cooper said not all of the equipment needs to be removed from the structures by mid-October, but the utility must show it cannot generate electricity at the sites.

Light & Power fielded inquiries from about six groups interested in purchasing generators and other equipment at the dams. Cooper said if more than one party wants the same item, the utility will ask for bids.

Petition language approved for recall

ACME — The Grand Traverse County Election Commission approved petition language to recall each of the seven members of the Acme Township Board of Trustees.

The commission rejected previous petition language opposed by township board members for lack of clarity. On Wednesday the revamped language sailed through the commission uncontested, county Clerk Linda Coburn said.

Lewis Griffith, who submitted the petition language with the assistance of attorney Michael Kronk, has until Nov. 24 to get 496 valid signatures from township voters on each of the seven petitions to set a Feb. 27 recall election.

The petitions allege the township has lost and become unable to obtain adequate liability insurance to cover zoning matters.

The township's coverage was dropped by its insurance carrier. The carrier pointed to lawsuits the township incurred under previous board members.

Township Supervisor Bill Kurtz said the township has some insurance, and a recent suit filed by Meijer Inc. against the township is covered.

The petition also asks voters to recall board members for refusing to approve a special-use permit for the proposed Meijer store as approved by the township planning commission.

The third item on the petition alleges township officials allowed Treasurer Bill Boltres to vote his wife, the deputy treasurer, a 239 percent wage increase.

Jurors in abuse case return mixed verdict

TRAVERSE CITY — Jurors deciding the case of a local man accused of abusing and sexually assaulting his girlfriend's 2-year-old daughter came up with a mixed result.

Jurors found Kyle Adam Scott, 23, of Traverse City, not guilty of two of the most serious charges — first-degree criminal sexual conduct and first-degree child abuse — but guilty of a charge of second-degree child abuse. Jurors could not decide a second count of first-degree criminal sexual conduct.

"On that count, a mistrial was declared and we will consider whether or not to try that charge over," said Grand Traverse County Prosecutor Alan Schneider.

Scott was accused last year of physically and sexually assaulting the girl while her mother was at work.

The girl's mother told police she was at work when she received a call from Scott that the infant was taken to the hospital and was not breathing. At the hospital, doctors said they found evidence of sexual assault, burns on the girl's feet and bruising on her face and body, according to court records.

Scott faces up to four years in prison on the child abuse charge when he is sentenced next month. He's already served around a year in jail.

Goodwill land may become commercial

TRAVERSE CITY — Land under a soon-to-be-vacated homeless shelter in the city could be rezoned for greater commercial activity.

The Traverse City planning commission Wednesday voted 6-1 to support rezoning the Goodwill Inn homeless shelter site at 1329 S. Division St. Goodwill Industries of Northern Michigan plans to sell the property and use some of the proceeds to partially fund construction of its new $4.7 million shelter on Keystone Road.

Current zoning would allow 25 dwellings on the 1.65 acre site and allow for uses such as offices, restaurants and art galleries.

Community center zoning would allow up to 48 dwellings and more-intense uses such as fast food establishments, car dealerships, muffler shops and nightclubs.

The city commission must approve the rezoning. It is scheduled for introduction on Sept. 18.

kalkaska

Gas firm wants to expand storage

KALKASKA — A large tract of more than 567 acres of state land in Kalkaska County may soon increase the underground natural gas storage space for a Texas-based company.

The practice involves taking "tapped out" underground rock formations and pumping mostly out-of-state natural gas down into them, said Tom Hoane, a geologist with the Michigan Department of Natural Resources.

An expansion proposed for such an existing operation in rural Kalkaska County was up for final DNR approval Thursday. Other state and federal agencies must also sign off on the project.

"It was formerly a producing natural gas field, and they are converting it into underground gas storage," Hoane said.

The pending underground gas storage lease in Blue Lake and Coldsprings townships was applied for by ANR Pipeline, a subsidiary of El Paso Corp. of Houston.

leelanau

Killer's mom sentenced to at least 3 years

LELAND — The mother of convicted murderer Matthew O'Non will spend at least three years in prison for perjury and witness tampering on her son's behalf.

A judge sentenced Faye "Robyn" O'Non, 51, of Lake Leelanau, to 36 to 180 months in prison for perjury in a capital case and a concurrent 14 to 48 months for witness tampering.

Leelanau County Circuit Court Judge Philip Rodgers handed down the sentence Tuesday at the court house in Leland, where O'Non maintained a calm demeanor.

O'Non and husband Nicholas O'Non were charged in January of conspiring to create a self-defense theory for their son, Matthew, who was convicted last year of two counts of first-degree murder. Matthew O'Non is serving life in prison for the shooting deaths of Raul Ramirez and Manuel Longoria.

The Texas men were killed in a dispute over $30,000 worth of drugs and their bodies were found in a grave near the O'Non family cottage in Leelanau County.

Nicholas O'Non pleaded guilty in May to tampering with evidence and was sentenced to six months in jail.

Robyn O'Non was fired in May 2005 from her job as a Grand Traverse County sheriff's corrections officer. She appealed her firing and that case is scheduled for arbitration this month.

Recycling fee may be voluntary in areas

LELAND — Leelanau County officials hope residents in four townships where voters rejected a $29-per-household recycling fee will voluntarily ante up to maintain the county program.

The county sought endorsement of the new fee for the next five years at the Aug. 8 primary election to pay for and expand residential recycling and solid waste reduction efforts.

A majority of county voters approved the measure. But residents in Bingham, Kasson, Cleveland and Solon townships rejected the fee, which can only be imposed in municipalities where voters approved it.

That left county officials pondering several options — charging the new tax in all but four townships, not collecting it and devising another funding method, or increasing the 50-cent per cubic yard tipping fee at Glen's Landfill. The new tax was designed to replace the tipping fee that currently funds the county's recycling, but officials contend it doesn't generate enough revenue to pay for the program.

Members of the county's solid waste council on Tuesday recommended the county assess the $29 annual surcharge in the 10 municipalities where voters approved it and ask Bingham, Kasson, Cleveland and Solon townships to voluntarily impose the per-household fee. Residents in those four townships could individually opt out of paying the fee, but would not be allowed to use collection sites or participate in household hazardous waste or electronics recycling.

If the county board approves the recommendation, the new tax would appear on December tax bills, and the county will stop assessing the landfill tipping charge.

manistee

Officers investigate vandalism at school

MANISTEE — Police are trying to find out who set off fire extinguishers and caused damage to Brethren High School in Manistee County's Dickson Township.

The county sheriff's office is investigating the vandalism, which an official said occurred Sept. 3. Officers responded to the school after complaint of a possible fire.

But officials said the smoke was from several fire extinguishers that were set off inside the school, and not a fire. Officials also reported several damaged items inside and outside the school.

Those with information should contact the Manistee County Sheriff's Office at (231) 723-8393.

otsego

Some homeowners may lose lake access

GAYLORD — Homeowners who live across state Highway 27 from Mullett Lake may be losing some of their lake access now that a proposed snowmobile trail is planned for the area.

Longtime users of the land between the lake and the former railroad tracks may have to vacate areas because they'd be trespassing on state land where the new trail would run, said Lynne Boyd, chief of forests, minerals and fire management for the Michigan Department of Natural Resources.

Some of the property owners built or placed structures and docks in the trail right-of-way over the years, and those items must be removed, she said.

"Some (people) have legal access, but a very narrow strip, so they may actually be occupying the trail. If they have legal access to the water, we are not trying to end that," Boyd said.

She said residents near the lake can walk over the trail to swim, but the trail must be kept clear of permanent items.