An Artistic Invitation by Deb Polich

the revie September/October 2016 the oﬃcial magazine of the

MICHIGAN PARKS Revamped Create Healthy Lifestyles LAKESIDE PARK Hannah’s BARK PARK

THREE OAKS Performing rts Center

EAST LANSING AN ARTISTIC Percent for rt INVITATION LINDEN nn rbor Dra s in the Community Mural the revie The official magazine of the Michigan Municipal League 19 Features Metroparks Summer Fun: Program Gets Urban 22 6 D ellers Out into Nature Come Out and Play: By Lisa Croﬀ Michigan Parks Create Healthy Lifestyles 22 By Tina Berisha The Poer of Public rt: Linden Mural Brightens 9 Spirits and Culture Royal Oak Explores Cro d- By Lisa Donovan funding for Transformational Placemaking Project 26 COVER STORY By Judy Davids n rtistic Invitation: nn rbor Dra s the 16 Community into Placemaking By Deb Polich

30 Creatively Funding Public rt: Ho the Percent for rt Ordinance is Transforming East Lansing By Samantha udia

33 13 Hitting the Right Note: Hannah’s Bark Park: Three Oaks Realizes the Dream Place here Dogs of a Performing rts Center and People Can Run By dam Umbrasas By Molli Ferency Columns

E 36 INT D O 5 R N Executive Director’s Message P 16 Michigan Supreme Court Rules Pooling People and 38 Northern Field Report in Favor of Prevailing age R E C R Y E 40 Municipal Finance CL AP Resources Makes Lakeside Ordinances in Cities ED P Park Improvements a Reality By illiam Matheson 42 Legal Spotlight By Douglas R. Schultz 46 Municipal Q&

ON THE COVER: 13 26 Susan Pollay, executive director of the nn rbor DD , nn rbor Mayor Christopher Taylor, and Deb Polich, president/CEO of The rts lliance and rtrain, sho oﬀ one of the ne Po er rt! projects in do n- to n nn rbor.

Cover photo by Doug Coombe of Concentrate nn rbor

2 THE REVIE SEPTEMBER / OCTOBER 2016 Thriving Communities Don’t Happen by Accident Public of cials across Michigan work with Plunkett Cooney to develop healthy business districts and safe neighborhoods that residents are proud to call home. Whether in council chambers or in the courtroom, your community can count on Plunkett Cooney for the right result.

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SEPTEMBER / OCTOBER 2016 THE REVIE 3 ONE P GER the revie PLUS The official magazine of the Michigan Municipal League Volume 89, Number 5 e love here you live. The Michigan Municipal League is dedicated to making Michigan’s communities better by thoughtfully innovating programs, energetically connecting ideas and people, actively serving members ith resources and services, and passionately inspiring positive change for Michigan’s greatest centers of potential: its communities. Municipal ttorneys...

Managers... BORD OF TRUSTEES Department Heads... President: John B. O’Reilly, Jr., Mayor, Dearborn Vice President: Rosalynn Bliss, Mayor, Grand Rapids

Terms Expire in 2016 Terms Expire in 2017 dd to our Dan Greer, Councilmember, Jackson Catherine Bostick-Tullius, Commissioner, Lapeer Bobby Hope ell, Mayor, Kalamazoo Kim Corcoran, Mayor Pro Tem, Iron ood gro ing Ed ard Klobucher, City Manager, Hazel Park Ken Hibl, City Manager, Clare Mark Vanderpool, City Manager, Sterling Heights Marcus Peccia, City Manager, Cadillac collection! Jeff Thornton, City Manager, Negaunee dam J. Umbrasas, Village Manager, Three Oaks Do you rite one-page explanations of Terms Expire in 2018 endell Dompier, Village President, Baraga municipal topics for Maureen Donker, Mayor, Midland your council or staﬀ? Jason Eppler, City Manager, Ionia Rebecca Fleury, City Manager, Battle Creek If so, submit them to Melanie Piana, Mayor Pro Tem, Ferndale the League as possible Rusty Sho alter, Councilmember, est Branch One-Pager Plus Fact Sheets MGZINE STFF TO SUBMIT RTICLES Lisa Donovan, Editor The Revie relies on contributions from municipal Terri Murphy, dvertising officials, consultants, legislators, League staff and Ta ny Pearson, Copy Editor others to maintain the magazine’s high quality These one-page information Monica Drukis, Editorial ssistant editorial content. Please submit proposals by send- Laura Koroncey, Graphic Design ing a 100- ord summary and outline of sheets oﬀer a clear and the article to Lisa Donovan, [email protected]. concise explanation of Information is also available at: a variety of municipal topics. .mml.org/marketingkit/. The “Plus” is an additional piece of information, such DVERTISING INFORMTION SUBSCRIPTIONS as a sample ordinance, The Revie accepts display advertising. $24 per year for six issues. policy, or resolution. Business card-size ads are published in a Payable in advance by check, money order, These fact sheets are special section called Municipal Marketplace. Visa/MasterCard/ merican Express. available online at mml.org. Classified ads are available online at Make checks payable to Michigan Municipal League. Phone 734-669-6371; Email [email protected] .mml.org. Click on “Classifieds.” For information about all MML marketing fax 734-669-4223 or mail ne for details. tools, visit .mml.org/marketingkit/. subscription requests & checks to the Michigan Municipal League, P.O. Box 7409, nn rbor, MI 48107-7409.

The Revie (ISSN 0026-2331) is published bi-monthly by the Michigan Municipal League, 1675 Green Rd, nn rbor, MI 48105-2530. Periodicals postage is paid at nn rbor MI. POSTM STER: Send address changes to THE REVIE , 1675 Green Rd, NN RBOR, MI 48105-2530.

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4 THE REVIE SEPTEMBER / OCTOBER 2016 EXECUTIVE DIRECTOR’S MESSGE D NIEL P. GILM RTIN

rts and Parks Create Communities’ Colorful Nature

rts and parks—they go together like peanut butter and East Lansing as successful in creating a Percent for rt chocolate (my fav). They are vital building blocks in creating program, hich earmarks money from public orks pro- a sense of place. hen both are present, they can serve up jects for public art; Linden tells its city’s history through a cohesive neighborhoods and create the kind of community community mural project; and the village of Three Oaks that is engaged and attracts people. Every place has its as able to repurpose an old village hall into the ne rts o n rich story, and by enhancing its assets and strengths a & Education Center, partially funded by a cro dfunding community creates a uniqueness all its o n. campaign. Iron ood’s rt Park is also featured, hich provides a public location to display art and hold per- The arts bring huge economic value to a community. In formances and art classes ithin the city. a survey conducted by the Joint Legislative Committee on Cultural ffairs, 99 percent of the CEOs ho ere On the park side, Michigan Recreation & Park ssociation questioned stated that the availability of cultural activities emphasizes the importance and benefits of parks. They in an area is an important consideration in choosing a ne recently published a guidebook, “Partnering for Parks” location. (Project for Public Spaces) hich outlines options and resources for providing parks and recreation services in Michigan. Projects in Mt. Pleasant, Parks and the recreational activities that go along ith Port Huron and Royal Oak all are also profiled. them foster significant health and ellness benefits. Having access to parks and open green spaces is kno n to reduce e often take for granted that all adults and kids gro mortality over one’s lifespan. (National Recreation and Park up having access to parks, but unfortunately, many do not. ssociation) Studies sho that just having trees in one’s Recognizing this, Huron Clinton Metroparks brings people neighborhood provides advantages to our physical and out to the parks for a free day of sun, fun, and food for all ages. mental ell-being. From small pocket parks to larger activity parks, they all contribute to the social fabric of a community. On a final note, our annual Convention is just around the Like most folks, I spend more time than I ould like in corner. If you haven’t already registered, please do. Looking my car, so having access to parks and being able to enjoy for ard to seeing everyone on the Island. You ill have cultural events in my to n of Northville is a great respite an opportunity to connect, engage, and discover creative from the daily grind. solutions to local challenges. You on’t ant to miss it!

Beyond the enjoyment and health beneﬁts, many of our social challenges can be met through the po er of art and the accessibility of parks. Blight, safety issues, property values, crime, and educational challenges can be addressed and aided by investing in these t o important assets.

In the pages ahead, e share some great inspiring projects Daniel P. Gilmartin of hat Michigan communities are doing to create their League executive director and CEO o n unique experiences around the arts and parks. Our 734-669-6302; [email protected] cover story puts nn rbor in the spotlight through the po er of partnerships and community engagement. program called Po er rt! ill give traﬃc-signal boxes an artistic upgrade. nn rbor also created the Canoe Imagine rt program, used to repurpose canoes as inspiration for an installation in the city’s parks along the Huron River.

SEPTEMBER / OCTOBER 2016 THE REVIE 5 COMEOUT

PLY Michigan Parks Create Healthy Lifestyles

SEPTEMBER / OCTOBER 2016 THE REVIE BY TIN BERISH

ichigan Recreation & Park ssociation (mParks) provides advocacy, resources, and professional development oppor- Mtunities to a devoted and diverse membership of more than 2,200 park and recreation agencies, professionals, vendors, and advo- cates. mParks exists to advocate, teach, and inspire the profession and to prove that parks, recreation, and leisure services matter.

Parks and recreation have a positive impact The 2010 U.S. Surgeon General on all aspects of a community’s health: Report states, “ mericans need to live in physical, social, and economic. Numerous places and ork in environments that studies have sho n that hen people help them practice healthy behaviors. The have access to parks, they exercise more. social, cultural, physical and economic Parks also play an important role in our foundations of a community are important environment, helping to improve both factors in its ability to support a healthy ater and air quality. dditionally, parks lifestyle for its citizens—government and and recreation can build and strengthen private organizations should pool their community and contribute to placemaking. resources to increase access to healthy foods, such as ensuring that all neighbor- Partnering For Parks hoods, especially in lo -income areas, In 2012, mParks and Land Information have full service and safe options for ccess ssociation (LI ) joined forces to physical activities such as alking and bike create Partnering for Parks: Intergovern- paths, side alks and parks.” mental Options in Providing for Parks and Parks, recreation facilities, and recre- Recreation – Guidebook for Michigan ational programming contribute greatly to Municipalities. The book contains informa- a community’s sense of place. In some tion on the importance of parks and rec- instances, parks become iconic symbols reation, types of parks and programming, that help define a community and shape tools for cooperation and partnerships, its identity. Increased property values, and information on accessing funds. Partnering for Parks explains that despite the ell-kno n benefits of physical activity, 53 percent of Michigan residents reported to have less than 30 minutes a day of leisure-time physical activity five or more times a eek, and 24 percent reported no leisure-time physical activity. The sedentary lifestyle and unhealthy diet of many mericans has produced an epidemic of obesity. ccording to 2010 statistics from the Centers for Disease Control (CDC), one-third of U.S. adults are considered obese and 12.5 million children and adolescents are considered obese. In Michigan, more than 26 percent bove: Gallup Park in nn rbor of the population is considered obese. Left: Martindale Beach at Kensington Metropark

SEPTEMBER / OCTOBER 2016 THE REVIE 7 increased tourism, and increased munic- Trail, a state trail hich allo s people school and/or summer camp program. ipal revenue are just a fe ays parks aid to hike or bike bet een Belle Isle Park Through CO P, mParks developed a community’s economic gro th. in Detroit and Iron ood in the Upper a standardized, universal pre- and 2009 study conducted by the Peninsula. The trail is 70 percent com- post-measurement tool—part of the Michigan State University Land Policy plete and currently spans 1,273 miles. resources provided to partner agencies. Institute found that property values in Despite being a state ide initiative, This tool provides a baseline assessment Oakland County sa a 3.2 percent, or the control and direction is truly at the of each participant’s fitness level, and $8,198.21, increase if it as located community level hich keeps the trail as their kno ledge of parks and recre- ithin 15-75 meters of a recreation unique as the places it crosses. ation agencies as a resource for health area. Properties 150-300 meters and ellness. In summer 2015, CO P from a recreation area sa a 2.6 Stateide Initiative impacted 1,433 youth, logged nearly 12 percent increase. In December 2014, mParks as million steps, and reached statistically Social benefits such as reducing a arded $1.1 million for a Pathays significant results from the pre-post crime, supporting child development, to a Healthier Michigan grant. ith measures in aerobic capacity, muscular and creating stable neighborhoods are funding from the Michigan Health strength, and daily step count (increas- also cited in the book. Endo ment Fund, mParks developed ing from 7,000 to 9,000). and implemented an evidence-based dditionally, mParks connected 25 Partnerships In Michigan curriculum, and provided resources, senior centers ith local park and rec- Throughout the state, communities are materials, and support to enhance and reation departments to provide pro- orking together to increase accessibil- capitalize on existing infrastructure that grams that incorporate physical activity ity to parks. offered access to affordable programs into their lifestyle. The goals of the Detroit, for instance, is orking on and places for people of all ages and senior initiative are to guide seniors in a t o-year initiative to revitalize 40 abilities to be active. establishing and achieving fitness goals, parks to help strengthen neighborhoods The goals of the program are to help hile also monitoring the health impact and make the city greener and more youth and seniors meet the Physical of their fitness activities. Pathays also alkable. The city is engaging citizens to ctivity Guidelines for mericans by aims to remove barriers to physical create the parks they ant, asking for reaching measurable levels of daily activity that are heightened ithin the park designs, hosting public meetings, as physical activity and sho ing improve- senior population, such as decreased ell as collecting comments and input ment in fitness levels by using their local mobility, lack of transportation, and on plans posted online. parks, trails, and recreation areas. greater personal assistance needs. Perhaps the most impressive part- In 2015, 21 agencies participated in Forty seven communities participated nership in Michigan is the Iron Belle Come Out nd Play (CO P) as an after in CO P during the summer of 2016. The gro th and continuation of the program has allo ed for constructive In some instances, parks become feedback and input from community iconic symbols that help define partners. daptive changes, such as a a community streamlined method to collect step data and shape its identity. for both youth in CO P and seniors, allo s for real-time data. s a result of Pathays, program sustainability and meaningful impact from evidence-based resources and tools ill provide Michigan parks and recreation agencies ith the ability to continue advocating for their role in changing the culture of health for gen- erations to come.

Tina Berisha is the communication & marketing manager for mParks-Michigan Recreation and Park ssociation. You may contact her at 517-485-9888 or nn rbor Farmers Market [email protected].

8 THE REVIE SEPTEMBER / OCTOBER 2016 Royal Oak Explores Crowdfunding for Transformational Placemaking Project

By Judy Davids

n Royal Oak, much of the funding needed to transform a effort with Patronicity and the Michigan Municipal League. run-down pedestrian plaza into a technologically-friend- The cutting-edge sustainable plan, which includes a series ly green space is coming from citizen philanthropists. of rain gardens, also secured a commitment for a $50,000 Roughly a year ago, Royal Oak city officials launched grant from the Fred A. and Barbara M. Erb Family Foun- Ian online crowdfunding campaign with Michigan-based dation, which supports projects that are environmentally Patronicity to attract public donations for a unique project healthy and culturally vibrant. The rain gardens will act like a that will bring public WiFi, mobile device charging stations, sponge to trap storm water and pollutants and prevent the an interactive kiosk, green infrastructure, and more to a site’s runoff from entering the Clinton River watershed and 5,300-square-foot site adjacent to the Center Street park- Lake St. Clair. ing deck in the heart of Royal Oak’s vibrant downtown. “The design is transformational,” said Todd Fenton, Royal The crowdfunding goal for the public project was ambi- Oak’s economic development manager. “We’ve been collab- tious—to raise $60,000 in just a month’s time. orating with local businesses, local technology experts, and The challenge quickly became a matter of civic pride and landscape architects and planners from livingLAB Detroit for generosity. In 30 days, more than $100,000 in online do- more than a year to create this exciting downtown gather- nations poured in from community businesses and residents ing space that incorporates technology and smart environ- to support the project. When Royal Oak reached mental practices.” its goal, an additional $60,000 grant from the The revitalization project will offer residents, stu- Michigan Economic Development Corpo- dents, professionals, and visitors opportunities to ration (MEDC) followed as part of Public connect in smart new ways, Fenton said. Spaces Community Places, a collaborative

SEPTEMBER / OCTOBER 2016 THE REVIEW 9 GOALS FOR THE SMART PARK INCLUDE: • Sustainable • Attractive and active • Technologically smart • Appropriate for space • Used by all ages • Dynamic and flexible • A place to gather and sit

“ e believe this project has potential on so many fronts,” said Mayor Jim Ellison. “ e’re thrilled to have so much community support.”

COMMUNITY HIGH FIVE FOR WI-FI Even the youngest of the city’s residents are inspired by the project, Ellison said. Royal Oak elementary school students gave the site its name. Eagle Plaza as selected from recommendations submitted by dozens of children to the Royal Oak Naming Committee. The eagle is a symbol of boldness, strength, and a illingness to soar into the future, explained students from The simple act of adding a fe picnic tables had a dramatic Oak Ridge Elementary. effect on the plaza. hen the concert series ended, local College students are also involved ith the project. retailers approached city officials and asked that the tables group of interns at Royal Oak-based Vectorform designed an remain in place, and the concept for Eagle Plaza as born. augmented reality app that ill allo visitors to play interac- City officials vie ed the Public Spaces Community Places tive 3D pass-and-play checkers hen the park opens later cro dfunding initiative as an opportunity to give the public this year. hat it anted and much more. The mayor likes to point out that even the original inspira- “ e are extremely happy ith the design of Eagle Plaza tion for the park came from the community. and look for ard to seeing its completion later this year,” said In 2014, the Royal Oak Commission for the rts began City Manager Don Johnson. “It’s been a very re arding project.” closing Center Street bet een Third and Fourth Streets to host its eekly summer concert series. By closing the road CROWDFUNDING JUST ONE PIECE and bringing in flo ers, picnic tables, and green carpeting to OF THE PUZZLE create a faux la n, Center Street as reshaped into an excit- hile Johnson is pleased by the success of the cro dfunding pop-up park. ing campaign, he arns it is not a permanent solution to For six eeks that summer, the picnic tables used for the funding city parks. pop-up park ere locked together in chains and staged in the “ great deal of staff time ent into the marketing of our pedestrian plaza next to the Center Street parking deck. De- Patronicity campaign. I ouldn’t ant anyone to think e spite the inconvenience of having to climb over chains, people just put up a ebsite and the donations started pouring in,” used the picnic tables throughout the eek to meet friends Johnson said. for lunch, check cellphone messages, enjoy nice eather, and To ensure success, staff personally recruited key donors in merely relax. advance of the launch to ensure the campaign ould have

10 THE REVIE SEPTEMBER / OCTOBER 2016 momentum. series of incentives—from T-shirts to donor plaques on benches to the naming rights of key design components— as established to attract donations of $10 to $10,000. “The matching grant from the MEDC proved to be instrumental in securing larger donations,” Johnson said. Software strategic media blitz for the cro dfunding campaign as prepared in advance of the launch, hich Based on included a promotional video by Ruben Rodriguez, of How You Do Video orks Production Services. The 2-minute video as even sho n ith movie trailers at the Emagine Your Job Theatre in Royal Oak. “This as a special project. e got the response e did because it as so unique,” Johnson said. “I do not BS&A financial management experts are focused on developing software that meets see cro dfunding as a permanent solution moving for- the needs of financial, utility and HR professionals with integrated, flexible and efficient ard. I don’t think e ill be able to go back to the ell applications. 1,585 municipal customers across the state have learned that BS&A provides innovative solutions backed by unmatched service and support. Our Financial on a regular basis.” Management Suite delivers real world solutions, resulting in:

Increased efﬁciency through built-in, integrated and customizable features Instant data access through clickable reports with drill down capability “THIS WAS A SPECIAL PROJECT. Integrated functions for easy tracking, quick analysis and less repetition Improved accuracy to reduce errors and provide immediate information WE GOT THE RESPONSE WE DID BECAUSE IT WAS SO UNIQUE.”

(855) BSA-SOFT Patronicity’s president and co-founder, Ebrahim www.bsasoftware.com Varachia, agrees. “You can’t just put up a ebsite and atch the dollars start coming in,” he said. “But there are al ays short- Attorneys are comings in city budgets and cro dfunding is a unique not created to fit tool that can drive residents and businesses to get involved and give a desirable project that final push.” every need ll residents enjoy being patrons, he said. For 20 years we have been assisting “It used to be something only the ealthy enjoyed. local governments with labor relations and employment issues. But it’s not just one person or business that can make a During this time founder Howard L. difference anymore—it’s dozens and dozens of people Shifman, has represented many cities, counties and townships. orking together. It’s an entire community.” He has been involved in legislative initiatives including the More than $200,000 of the $300,000 budget for drafting of Act 312 and other legislative reforms, as well as Eagle Plaza is coming from citizen patrons and grants. being recognized by the Michigan Municipal League with a Special Award of Merit for his dedication to the cause of local Construction ork is expected to begin this year after government. Labor Day eekend. Mr. Shifman is aided by Brandon Fournier who has extensive City officials expect to hold a ribbon-cutting event at experience in municipal operations, including both public safety Eagle Plaza ith all donors—large and small—at the and general municipal operations. Prior to joining the firm, end of October to celebrate this transformational place- Brandon served as the City Administrator for the City of making project. Southgate. Also with the firm is Attorney Robert J. Nyovich with over 30 years of experience in public sector labor and employment law. Judy Davids handles Prior to joining the firm, Mr. Nyovich also served previously as community engagement a public safety officer and as the Oakland County Undersheriff. for the City of Royal Oak. An unparalleled and unique group of diverse backgrounds to You may contact her at represent the interests of local governments. 248-246-3201 ROYL OK pop. 57,236 or [email protected]. Howard L Shifman, P.C. 370 East Maple Rd. Suite 200 • Birmingham, MI 48009 (248) 642-2383 • [email protected]

SEPTEMBER / OCTOBER 2016 THE REVIE 11 September 14-16 2016

JOIN THE CONVERS TION

Grand Hotel M CKIN C ISL ND

MICHIGAN MUNICIPAL LEAGUE CONVENTION We hope to see you on Mackinac Island! Check out the November/December issue of The Review for highlights and photos of this year’s exciting Convention. MT. PLESNT pop. 26,016

Hannah Simons Scalise BRK PRK Place here Dogs and People Can Run

By Molli Ferency

nveloped by trees on the north side of the City of Mt. Pleasant is a place ith 3.6 acres of open terrain specially designed for local dog o ners to run and play ith their canine E companions. No matter the season, this space—kno n as Hannah’s Bark Park—is filled ith four-legged friends hose tails ag enthusiastically and smiles span from floppy ear to floppy ear. Constructed in 2015, Hannah’s Bark Park features t o fenced-in areas to accommodate dogs big and small. Hundreds of dog o ners pay an annual fee to access the space, hich also includes a pavilion and ater fountains to keep both the hounds and their humans hydrated.

SEPTEMBER / OCTOBER 2016 THE REVIE 13 “Hannah would have loved it and just laughed at the animal merriment!”

Selﬂess Spirit Hannah remained focused on her academics, graduating Less than 10 years ago, this place for dogs and humans to from high school ith her class and enrolling in courses at share as merely a vision in the young mind of Hannah Central Michigan University. She stayed involved ith the Simons Scalise, a lifelong Mt. Pleasant resident. hile she cross country team hile in high school and maintained a loved all animals, Hannah had a special fondness for dogs. part-time job in college. “Hannah seemed determined to “ e had dogs in the home all of her life—often rescuing live each day of her life and to be as normal as possible for the hard to place dog and giving it a good home,” said Lynn as long as she could,” said Simons. Simons, Hannah’s mother. “Hannah came to kno all sorts s her illness progressed, Hannah requested that her of dogs and all sorts of dog behavior. She gre up accepting parents forego a funeral for her and instead donate funds them for ho they ere.” to ard the development of a place “ here dogs and people s a young girl, Hannah made donations to the local can run,” hoping this could be part of her legacy. animal shelter ith funds she raised selling lemonade. hen Hannah died in 2011 at the age of 19. Follo ing her she as old enough, Hannah spent time volunteering at the passing, Hannah’s parents and siblings diligently explored shelter. “She never met a dog she did not like,” said Simons. potential ays to fulﬁll her ish. “Many options ere pre- Shortly after she turned 15, Hannah as diagnosed sented to us by community members, but none produced ith a rare and aggressive form of bone cancer. Over the the instantaneous tears and sense of ‘this is it’ as the idea next several years, she endured a number of surgeries, and of a dog park,” said Simons. “For each of us, the reaction countless chemotherapy and radiation treatments. Yet as the same. e kne a dog park as the right idea.”

14 THE REVIE SEPTEMBER / OCTOBER 2016 Collaborating For Common Goal Since then, Friends of the Dog Park has continued to enhance Inspired by Hannah’s dream, the grassroots organization, the park, adding benches, improving turf, and orking ith Friends of the Dog Park, as established ith the goal of the city to offer community education classes on dog social- funding and maintaining a dog park for local residents. ization and behavior. The city’s Parks & Recreation Depart- survey of Isabella County residents conducted by the ment manages the memberships to Hannah’s Bark Park, Mt. Pleasant rea Community Foundation revealed that hich are available to all residents of Isabella County. 89 percent of the respondents ere in favor of the develop- Mt. Pleasant area resident Deanna Gaudio brings her t o ment of a dog park. “Community dog parks are reported to dogs, an English Labrador retriever and a golden retriever, to enhance economic value of the area and are often vie ed as the park daily. “ e come here because the dogs love it,” she an amenity by families looking to relocate,” said Chris Bundy, said. “I love being able to let them run free and socialize ith director of parks and public spaces for the City of Mt. Pleas- other dogs. It’s good for people too! I’ve met a lot of people ant. “Families benefit from playing ith dogs in off-leash ar- I didn’t even kno lived here, and I’ve lived here 22 years.” eas. It increases community socializing and connections, and Hannah’s parents visit the park on a regular basis and is frequented by dog o ners representing all backgrounds.” believe its success ould have exceeded Hannah’s expec- In an effort to maximize resources, the City of Mt. Pleasant tations. “One night this past year, e ent to the park and and the Charter To nship of Union entered into a coopera- atched the crazy dogs leaping, running, slobbering and tive agreement ith Friends of the Dog Park to each contrib- chasing each other,” said Simons. “Hannah ould have ute up to one-third of the $117,500 project cost to con- loved it and just laughed at the animal merriment!” struct the park. The to nship and city also committed to For more information about Hannah’s Bark Park, please allocating funds annually for the maintenance of the park, visit .mt-pleasant.org or call the City of Mt. Pleasant at hich ould be located in the City of Mt. Pleasant’s Mission (989) 779-5300. Creek Park. Molli Ferency is the public relations coordinator for the City of Mt. Pleasant. You may reach her at 989-779-5322 or mferency@ mt-pleasant.org.

If only your telecom costs were so obvious

For the next t o years, city staﬀ and the Friends of the Dog Park orked closely ith local engineering ﬁrms to develop a community-supported park design and attended seminars on dog park development, and the Friends group hosted a variety of fundraisers to exceed their $39,000 goal. “ e never imagined the community could raise this amount Contact us at [email protected] for a free consultation of money for such a park. Each step of the ay, others stepped up, volunteered, asked others to help and together e made it over each hurdle,” said Simons. “Hannah al ays believed ho a community treated its animals spoke volumes about the quality of that community.”

Let The Barking Begin Hannah’s Bark Park oﬃcially opened in July 2015 ith gener- ous support from Union To nship, Friends of the Dog Park, the City of Mt. Pleasant, Isabella County, and many other community supporters. Hannah’s family also donated $10,000 to the project, including her personal funds and life savings.

SEPTEMBER / OCTOBER 2016 THE REVIE 15 POOLING PEOPLE and RESOURCES M KES...

By Douglas R. Schultz

ttractions that bring people to to n from miles a ay are precious to cities, but inadequate funding and staffing to maintain and improve those gems can create hurdles. ith a grant, private donations, and t o city depart- meeting the needs for visitors. Its location blocked ments combining their kno ledge, the City of Port part of the scenic vie of the lake and also created Huron has overcome these challenges to spruce up blind spots that hid vandals at ork. In addition, the one of its star local attractions: Lakeside Park. aterfront as not mericans ith Disabilities ct The city quickly sa that its hard ork as making ( D )-accessible, limiting the number of people a difference. During summer 2015, 3,000-5,000 ho could enjoy the beach. The city developed a people visited the park each eekend. On Memo- master plan for the park that addressed these issues rial Day this year, the attraction dre 7,000 guests as ell as plans for a splash pad. for the day. ith a master plan in place, city staff submitted an application for a Michigan Department of Nat- SEEING THE NEED ural Resources Trust Fund grant and as a arded Lakeside Park is an 18-acre recreation area located $295,000 in 2015. The funds ere complemented along Gratiot venue and the shores of Lake Huron. ith a donation from the Stebbins Family Fund, The park has continued to receive increased atten- $75,000 from the Community Foundation for dance and become a regional destination. Ho ever, Southeastern Michigan, and a $25,000 grant from the former concession/restroom building as not the Community Foundation of St. Clair County for

16 THE REVIE SEPTEMBER / OCTOBER 2016 SEPTEMBER / OCTOBER 2016 THE REVIE barrier-free improvements and creation of the splash pad.  Construction of a police substation to increase security Then the race began to complete design, permitting, and construction in an approximately one-year time period.  Creation of universally-accessible beach sho ers, “The city is so thankful for the DNR grant and all the drinking fountains, a board alk for beach access, and donations that ere given by the community,” said Nancy lakefront overlook inzer, City of Port Huron parks and recreation director. Sanitary se er improvements ere necessary for the “The community came together in a big ay for this project building and splash pad. City cre s completed this ork as to happen. Donations came in from $5 all the ay to large part of the project and also took the opportunity during donations. It really sho ed the amount of love that this park construction to relocate and replace the existing volley- has ith this community.” ball courts. DDRESSING THE NEED The Blue ater Center for Independent Living as consulted regarding the universal accessibility aspects of The entire master plan includes $2.5 million of improve- the project. In the end, the accessibility features far ex- ments, but the follo ing items totaling over $500,000 ceeded D requirements. ere completed in time for a May 19 ribbon-cutting: “It as nice to add D accessibility to this park,”  Replacement of an aged restroom/concession building inzer said. “People of all abilities need to be aﬀorded ith an angled building that allo s a vie of the lake, the same recreation opportunities as everyone else. The reducing potential for crime and adding accessible Blue ater Center for Independent Living has comment- changing areas and bathrooms for the park ed many times on ho impressed they are ith all the improvements for so many. The accessible alk ay has  Construction of a universally-accessible splash pad been used so much and is a great asset for the ability for incorporating replicas of local features, such as a all to access the Great Lakes.” lighthouse and the Blue ater Bridge

PORT HURON pop. 30,184

SEPTEMBER / OCTOBER 2016 THE REVIE 17 TCKLING THE ISH LIST THE TKE-Y The City of Port Huron Parks and Recreation Depart- Everyone involved in the park improvements project as breathing ment took the lead on this project ith assistance from the a sigh of relief at the ribbon-cutting. It as a big project and a city’s engineering department and consulting team. RO E prime example of a city accomplishing something great by coming Professional Services Company personnel began the together as a group. local community college student even design in March 2015 ith architectural assistance from donated his time to paint a mural on the electrical transformer that Ehresman ssociates, Inc. S. . Torello, Inc. completed as relocated for the project—a beach scene, of course. demolition in the fall of 2015. Superior Contracting Group, “The city is looking for ard to continuing to seek funding to LLC as the prime contractor, coordinating ith Penchura, keep the master plan of this project in motion,” Pionk explained. LLC, and Michigan Recreational Construction, Inc. for “Still on the list to accomplish is three pavilions, ne alk ays, a the splash pad to complete construction through unpre- ne parking lot, and a ne entrance ay. e kno that ith the dictable inter eather along the Lake Huron shoreline. love this park has, e ill continue to ork to meet our goals The project opened on schedule for the busy Memori- because great communities make great parks and great parks al Day 2016 eekend. The magnitude of improvements, make great communities.” not to mention a daunting short timeframe, as a signiﬁcant achievement for the parks and recreation department. Douglas R. Schultz, PL, is the director of landscape architecture for ROE Professional Services Company. You may contact him at There as great team ork bet een city departments, 810-341-7500 or dschultz@roepsc.com demonstrated by:  Evaluating and selecting splash pad systems to meet For more information about the project, or tips for your community, aesthetics as ell as ater usage needs contact Nancy inzer, City of Port Huron parks and recreation director, at 810-984-9760 or [email protected]  Helping coordinate the concession/restroom building demolition  Performing construction materials testing and observation  Completing electrical upgrades for ne building, site, and additional concession equipment

“The City of Port Huron as so happy to see this great project come together,” said Ben Pionk, City of Port Huron parks and forestry supervisor. “Lakeside Park is the cro n je el of our park system but had not seen improvements since the early 80s. ith the improvements that have been made, it has made Lakeside not only a resident hot spot but a visitors’ destination.”

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18 SEPTEMBER / OCTOBER 2016 THE REVIE MML Ad Mika Meyers 2016 Final.indd 1 1/20/16 9:40 AM PROGRAM GETS URBAN METRO DWELLERS METRO OUT INTO NATURE PARKSPARKS By Lisa Croff SUMMER FUN

Delhi Metropark

iving in the Great Lakes state comes ith some perks. ll four seasons exist, in full force, allo ing everything from morel mushroom hunting in the spring and boating L in the summer to apple picking in the fall and skiing in the inter. Michigan is cov- ered ith hiking trails that are stunning no matter hat time of year you roam. Of course, it ould be imprudent to discuss Michigan’s natural beauty ithout mentioning the ater – the lakes, the rivers, the nation’s longest fresh ater coastline at 3,288 miles.

SEPTEMBER / OCTOBER 2016 THE REVIE 19 What Science Tells Us Wolcott Mill Metropark About Being In Nature People ho take time to reconnect ith nature understand ho it makes them feel. Some experience a sense of peace, hile others feel exhilarated. For many, unplugging from their high tech lives allo s a sense of being part of something bigger and greater. Scientific research validates those experiences. Our environment has a significant impact on our stress levels. hat e see, hear, taste, or smell changes our moods by altering our nervous, endocrine, and immune systems. People ho live in urban areas experience an elevated amount of social stress situations compared to those ho live outside of cities. In high stress situations, the brain must ork harder to regulate emotions and reactions and can cause anxiety, sadness, and feelings of helplessness. Being in nature, or even looking at nature scenes, reduces negative feelings and contributes to physical ell-being. Escaping to a natural setting reduces blood pressure, heart rate, muscle tension, and the production of stress hormones. recent study, published in the journal BioScience, finds that immediate contact ith nature is directly related to stronger communities and reduced crime rates. These effects are partially due to a deeper connection bet een the individual and their community as a result of lo er stress levels and reduced depression and anxiety.

FOR MOST MICHIGANDERS, Kensington Metropark ACCESS TO NATURAL SETTINGS IS SIMPLE… BUT Lower Huron Metropark WHAT ABOUT THOSE WHO MAY NOT HAVE RESOURCES?

Studies also sho that being near a body of ater makes humans feel happier and more creative. In his book, Blue Mind: The Surprising Science That Shos Ho Being Near, In, On, or Under ater Can Make You Hap- pier, Healthier, More Connected, and Better at hat You Do, author Dr. allace J. Nichols explains t o modes ithin hich most people reside, the “red mind” mode and the “blue mind” mode. In the “red mind” mode, “ e live our indoor lives,” says Dr. Nichols, “ e’re overstim- ulated, e’re captivated, e’re connected, and e’re stressed.” In contrast, hen e unplug and let go of life’s demands, e operate in the “blue mind” mode. The “blue mind” mode encourages hat neuroscientists re- fer to as mind andering, here ideas ﬂo and connect and here innovation is possible.

20 THE REVIE SEPTEMBER / OCTOBER 2016 Improving Access “Many people don’t realize that there are 13 parks and that each one has unique things to offer. e simply ant to share that hy does this science matter? It matters because un- ith those ho may not have the resources to do it on their derstanding the benefits of the human-nature connec- o n. The people ho live in the five counties e serve are hy tion brings up some things to consider. Kno ing that our board members serve. hen presented ith this initiative, spending time in nature makes happier and healthier they approved it unanimously.” citizens, does park access serve more than a recreational function? Does encouraging access to nature become a necessary part of leadership? If so, ho can access be Getting Involved improved for those ho live ithin urban environments Many local leaders and administrators or face challenges? are already involved ith programs For most Michiganders, access to natural settings is at the Metroparks. Phifer tells us that simple. You hop in your car and zip over to your favorite there is an open invitation for conver- park. But hat about those ho may not have resourc- sation ith leaders not yet involved. es? hat if a family can’t afford a daily pass or a car to “2016 is just the beginning of Summer get there? Fun at the Metroparks. My hope is that more people get involved as e move for ard to gro this program and other programs that best serve all the members of our communities.”

Lisa Croﬀ is the media relations specialist for the Huron-Clinton Metroparks. You may reach her at lisa.croﬀ@metroparks.com or 810-494-6011.

Stony Creek Metropark

George Phifer, director of the Huron-Clinton Metro- parks, has begun to explore getting people, ho may not typically have access, out to one of the Metroparks. “ e have 13 parks in 5 counties, ayne, Oakland, Macomb, ashtena , and Livingston”, says Phifer. “Each county has a population of people ho can’t get to one of our parks. Their challenge may be economic, physical, or even age-related. I anted to come up ith a ay to give people time ith nature, to reconnect.” George employed his staff to develop a program called Summer Fun at the Metroparks. On 24 different days throughout the summer, the Metroparks provide four buses to designated meeting spots in each of the five served counties. From there, approximately 200 people are transported to one of the Metroparks. Youth and families can enjoy the beaches, nature trails, and splash parks. Seniors can play a round of golf, enjoy yoga on the beach, or stroll on a alking path. Each participant is provided a free lunch and snacks throughout the day. “The idea is to provide community members ith everything they need to get out to one of our parks and enjoy the day, orry-free and cost-free,” said Phifer.

SEPTEMBER / OCTOBER 2016 THE REVIE 21 Gemma Amendola THE POER OF PUBLIC

Linden Mural BrightensR Spirits andT Culture By Lisa Donovan

“I’m painting the mural today. Come on do n and help!” Throughout the summer of 2014, Gemma mendola’s messages zipped through cyber- space as text messages or Facebook posts to residents all over Linden. Everyone from little children to Mayor David Lossing and his ife ould come do nto n, grab a paint brush, and start bringing symbols of the city’s history and character to life. “I had a lot of help. Students and community members frequently came by,” said mendola, an art teacher at Linden High School ho designed the mural. “It as fun to have the community help and do things ith me.” The outdoor mural had a big job to fill. The one-of-a-kind creation as covering a 2-story all of city hall—a hopping 22 ft. x 56 ft.! But perhaps more importantly, the mural had a morale boosting role to play. Seven years earlier, a fire had destroyed a historic block of businesses on Broad Street and left many residents feeling disheartened. City officials felt the po er of art could go a long ay in lifting people’s spirits as ell as reviving interest in the community from residents and visitors alike. “There as hardly anything left of do nto n Linden after the fire. Morale as lo ,” said mendola. “The idea of a mural to bring people in offered possibilities. Let’s start ne .”

SEPTEMBER / OCTOBER 2016 THE REVIE 23 LINDEN pop. 3,991

PLNNING THE PINTING “It as something ne and innovative,” said Zelenak. “ e community art project as on the minds of city officials ere reaching out to do something different in to n. You hen the idea of a mural as presented by one of the plan- can’t al ays stay exactly the same. You have to gro and ners for the annual Linden Mills Days. mendola’s creative lure people to the area.” vision as tapped to design the mural. Through several meetings ith city officials, she presented the design first on LL TOGETHER NO a small canvas, then superimposed on a photo of city hall for Under the bright summer sun, mendola chalked the design a more realistic vie . ll the hile, she kept the design sim- onto the bumpy all of city hall. Then Linden residents of all ple so everyone could participate ages and abilities began filling in the shapes ith a variety of hen it came time to paint. colors. ustin Fish, one of mendola’s art students, as one “ e anted the mural to de- of those volunteers. His height came in especially handy for pict the history of the community completing the highest parts of the mural. and portray our hospitality and “It as nice to be able to get out there and put a little of friendly people,” said City Manag- me into the community and put a little art into the com- er Paul Zelenak. munity at the same time,” said Fish, ho recently graduated nd indeed it does. fter from the rt Institute of Michigan. “It’s nice to drive by there approvals from the city and the and be able to tell people that I helped ith the mural. It as Historic District Commission, definitely a re arding experience.” the final design included images Mural artist Carol Severn also lent her expertise to the Linden Mayor David Lossing uniquely representative of Linden project. For eeks, she atched the mural taking shape and as ell as Michigan. Lakes and ater sports have a special all the interest it as dra ing from people alking and driv- place, as ell as orchards, native plants and ildlife, and the ing by the site. She introduced herself to mendola, grabbed car industry. The central figure is a teapot representing the a paint brush, and stayed ith the project until the last spot friendliness and hospitality of local residents. as filled ith color.

24 THE REVIE SEPTEMBER / OCTOBER 2016 Not to be outdone, the business community stepped up ith its o n brand of generosity. ll the paint, supplies, and scaﬀolding the volunteers needed as either donated or Trusted professionals delivering America’s provided at a big discount. Local business o ners ere as infrastructure solutions anxious as everyone else to see the completed mural. “Not only does everything symbolize our community, but the hole community jumped in,” said Severn, o n- er of Uncommon Murals and resident artist for the Flint Children’s Museum. “People came by ith iced tea and said ‘good job,’ or painted, or donated supplies. Everyone is a part of it in some ay.” “e ere reaching out to do something diﬀerent in Engineering l Landscape Architecture ton. You can’t alays stay Operations l Planning l Sciences l Surveying exactly the same.” 800.482.2864 • www.wadetrim.com

MURL DRS COMMUNITY FORRD By the end of the summer, the mural as complete but a steady stream of visitors as just beginning. ord of the mural—unique for both its content and the community involvement that brought it to life—had spread far beyond Linden’s borders. “During the ﬁrst year, there as a constant ﬂo of people taking pictures in front of it—everything from ed- dings and graduations to visitors,” said Zelenak. “It did hat e anted it to do—call attention to the to n. e’ve had calls from communities across the state asking about ho e did it.” Vision. Plan. Despite its popularity, the mural did elicit a negative reaction from some residents because they felt it didn’t accu- Manage. rately represent the city’s history. But Sue Turpen, president of the Linden rts Council, sees that as an essential part of Community Development Services Since 1992 the art experience. “ ll art, especially outdoor art, is controversial. That’s the Building Department Services most exciting part,” said Turpen. “Part of the positivity of Comprehensive Planning, the mural is its negativity. It has gotten people talking about Transportation & Zoning it that never ould have talked about art.” The Linden rts Council, hich Turpen leads, gre out Code Enforcement of the mural project. Turpen, along ith mendola, Severn, and others formed the council ith the aim of bringing O ces in Muskegon, Grand Rapids, Royal Oak, Troy, more art into the community at all levels. They have orga- Hamtramck, Wixom, Harper Woods, Lincoln Park nized art alks ith local artists, brought art into business- 877-230-5019 es, and even held a pumpkin painting contest at Hallo een. SAFEbuilt.com “ e’re fortunate that our mayor and city manager are appreciative of the arts,” said Turpen. “They’re for ard thinking in anting to elevate our community.”

Lisa Donovan is the communications specialist/editor for the League. You may contact her at 734-669-6318 or [email protected].

SEPTEMBER / OCTOBER 2016 THE REVIE 25 An Artistic Invitation By Deb Polich

here are cities that burst alive for me simply by typing their names: Chicago, Seattle, San ntonio, Denver, Oslo, TEdinburgh, London, Bologna, and more. It is because of their sights, streetscapes, architecture, art, music, and feel that they remain so memorable. It is also a testament to the ay they attract and embed themselves in people, even those just visiting, hich makes them urban enclaves. These cities are masters of placemaking, commonly deﬁned as “turning a neighborhood, to n, or city from a 1 2 place you can’t ait to get through to one you never ant to leave.” Today, placemaking is an almost ubiq- uitous pursuit for municipalities across the orld looking to quality of life and place to sustain and improve their econ- omies hile making their to n a place here people ant to live and ork. It took decades, though, for the promise of placemaking to catch ﬁre. quick online search reveals that early placemaking concepts originated in the late 1950s hen Jane Jacobs and illiam “Holly” hyte, her For- tune Magazine editor, began to espouse pioneering ideas on urban design. Theirs 3 4 as a community and place-based approach to urban planning that criticized the then-current vogue of planning Ann Arbor Draws the cities to service automobiles and dra Community into Placemaking

This page: 1. Pedestrian by Tim Grale ski (photo by Matt Bach) 2. Tulip by Ray Katz (photo by llison Buck) 3. Traﬃc Light 1 by Thomas Rosenbaum (photo by Matt Bach) 4. Pen Pal by David Zinn (photo by llison Buck) Facing page: Starry Sky by Cathy Jacobs (photo by llison Buck)

26 THE REVIE SEPTEMBER / OCTOBER 2016 “…one of the primary tenets of a public art and design program— engaging citizens to define a project, set goals, and ensure the project authentically reflects the community.” people to the suburbs and shopping centers. Jacob’s 1961 book The Death and Life of Great merican Cities is said to have had greatly inﬂuenced urban planners of the late 20th century.

Placemaking 1

Old World Style 2 I did not even kno the term placemaking in 2003 hen I traveled to Bratislava, Slovakia ith my husband and t o friends. Slovakia as just 10 years old hen I visited, as it had been part of the former Czechoslovakia, and under Com- munist rule for more than four decades. e set out to explore Bratislava’s pedestrian-only old to n center on the Danube River and ere immediately smitten. ith its cobblestoned streets and buildings dating back centuries, Bratislava had us at “hello.” The Old To n Hall, ith its origins in the 13th century, anchors the to n square. The Bratislava Castle, built in the 9th century, is a beacon that rises high on a 3 hill above the Danube. It is visible from almost every here in the to n center. Yet hat as truly an unexpected alone anting to live in them indefi- ith The rts lliance I became directly surprise as hat e literally stum- nitely. Sadly, these residents probably involved in community placemaking. bled across – public art installations had no other option. But it as clear to One of our recent placemaking scattered throughout the to n. Their me that I could never live or ork in a endeavors as given the catchy title of public art elcomed us and provided a community filled ith “panelaks” ith Canoe Imagine rt. The rts lliance glimpse into the humor and armth of nothing around me to stimulate my as contracted to manage a project to its people, as e ould soon learn first- senses and fill me ith joy. repurpose canoes retired by the City hand. But it as follo ed by a shocking of nn rbor Parks Department as art ake-up hen e ent outside of the and celebrate the history and attributes city center another day. Placemaking of the Huron River and the City’s park There e ere, surrounded suddenly Ann Arbor Style system. The rts lliance set up a call not by charming old- orld architecture, Fast for ard to 2012 hen I became the for art and invited artists from around but Cold ar-era buildings. The director of The rts lliance, the local the country to submit proposals. antithesis of the to n center, the agency championing the arts and crea- Believing strongly in one of the landscape of the outskirts as dominat- tive industries in ashtena County. primary tenets of a public art and ed by prefabricated housing blocks that By this time, placemaking had met design program—engaging citizens to e later learned are referred to as the tipping point. hether sparked by define a project, set goals, and ensure “panelaks.” It as a true example of Richard Florida’s The Rise of the Creative the project authentically reflects the function over form; just functional Class, Daniel Pink’s hole Ne Mind: community—a t o-step jurying and enough to put a roof over your head, hy Right-Brainers ill Rule the Future, selection process as established. but entirely absent of aesthetic. or other publications, the public sector community member jury selected the s an arts and creative industries and foundations ere setting placemak- finalists and then the public voted on administrator and advocate, I learned ing initiatives to incubate cool cities that the final selections to be installed along on that very day the importance of attracted and retained people and busi- the Huron River. Canoe Imagine rt placemaking. I could not imagine coming nesses. Public art and design as one as a collaboration of the community, home to those sterile buildings, let of its core components, and in my role the City of nn rbor, its Parks and

28 THE REVIE SEPTEMBER / OCTOBER 2016 1. Public art in Bratislava, Slovakia (photo by Julie Van Camp) 2. Canoe-vue by Jeﬀ Zischke (photo by Bob Miller) 3. Sending by Brian Oxender (photo by Matt Bach) 4. People in the City by Xiang Li (photo by Matt Bach) 5. Canoe Fan by Victoria Fuller (photo by llison Buck) NN RBOR pop. 113,934

Recreation department, and the nn rbor Public rt Commission, and as supported by the Michigan Council for rts and Cultural ffairs (MC C ). The nn rbor Do nto n Devel- opment uthority ( DD ) has also emerged as a pro-public art and design champion. Frustrated by ho the electrical traffic boxes in its do nto n had become unsightly spaces cluttered ith flyers and graffiti, the DD turned to Transportation, and as funded in part I like this definition, but I ould add The rts lliance for help. They asked by the Michigan Council for rts and that a comprehensive placemaking The rts lliance to turn 42 electrical Cultural ffairs. initiative requires the involvement and boxes into canvases displaying local art cooperation of all aspects of the com- by local artists. The public as again munity, including the creative, economic at the core of the project: more than Keeping Place- development, education, environment, 2,000 people voted on the final selec- making Authentic health, safety, government, philanthropic, tions. Po er rt! as armly received nother commonly quoted definition of and tourism sectors. Most importantly, and the DD and the City of nn placemaking states that placemaking is a citizens ho define the quality of life rbor report that the boxes rarely get multi-faceted approach to the plan- and place they desire, keep placemaking tagged ith graffiti, and if they do, the ning, design and management of public authentic. vinyl raps are easy to clean. spaces. Placemaking capitalizes on a local community’s assets, inspiration and Po er rt! involved four government Deb Polich is the president/CEO of The rts potential, ith the intention of creating agencies: DD , The City of nn lliance and rtrain, both located in nn rbor and its Public rts Commission, public spaces that promote people’s rbor. You may contact her at 734-213- and the Michigan Department of health, happiness and ell-being. 2733 ext. 701 or [email protected].

SEPTEMBER / OCTOBER 2016 THE REVIE 29 By Samantha udia

estled do nto n along East Lansing’s busy Grand N River venue, a structure is currently under development that ill serve as a mixed-use retail and apartment space for the city’s young professionals. Unkno n to most of East Lansing’s residents and visitors, the building ill also serve as a piece of public art, adding a pop of color and a creative embellishment to the city’s already thriving do nto n space. On track to be open to the public by fall 2016, the project’s completion is a long time coming for city oﬃcials, ho enacted the Percent for rt Or- dinance in 2014 to make ventures like this possible. fter months of careful planning, collaboration, and construction, the exterior all of 300 Grand River ill feature a piece of contemporary, sculpted art, only the ﬁrst of many creative additions the ordinance ill bring to East Lansing’s vibrant landscape.

THE FRMEORK lthough innovative and tailored to East Lansing’s specific needs, the city’s Percent for rt Ordinance is by no means the first of its kind. In fact, Percent CRETIVELY for rt programs have been successfully implemented throughout the nation since the 1930s, hen the United States Department of the Trea- sury mandated that one percent of the cost of fed- FUNDING eral buildings ould go specifically to ard decora- tive art. Today, cities like Philadelphia and Chicago successfully use similar systems, and several states PUBLIC RT maintain state-based Percent for rt programs. Generally, most Percent for rt programs mandate that in all public development and improvement projects, one percent of the project’s budget Ho the Percent for rt Ordinance is dedicated to the production of public art. The is Transforming East Lansing public art can be part of the ongoing development, or displayed at an entirely different location ithin the community that ould particularly benefit from the art ork. In other cases, the developer may simply dedicate money from their budget straight

30 THE REVIE SEPTEMBER / OCTOBER 2016 to the city’s public art fund, to be used as the city’s arts commission chooses in future projects. “E’LL BE BUILDING Many cities using Percent for rt programs have taken the liberty of elaborating on the general OUT SOME SHPES structure, tailoring the system to their community’s particular goals. In East Lansing’s case, this ND DETIL, ND personalization encourages collaborative dialogue bet een city officials, developers, and residents to TURNING THE SIDE OF enhance the city’s unique character. THE BUILDING INTO MKING IT HPPEN In his former role as mayor, Nathan Triplett identi- SCULPTED RT.” fied that his city as in need of ays to build upon East Lansing’s existing frame ork to create a more vibrant and attractive setting, capable of attracting suited the city’s needs. “Some Percent for rt pro- and retaining talent. Turning to public art as an grams fail because their language is vague and not avenue through hich a community can share its adapted to a specific community,” she said. “[East authentic attributes, he realized that he needed a Lansing’s] ordinance is ell-drafted and tailored to method of sustainably financing the already exist- reflect the community’s specific needs and goals.” ing Public rt Fund ith enough capital to leave an Indeed, the system itself is intuitive, offering innovative and lasting mark on the city. developers of public facilities, or those budgeting for Sarah Triplett, director of public policy for Cre- capital improvement projects, three main avenues ative Many, indicates that East Lansing as lucky through hich to comply ith the ordinance. In most to have a mayor that recognized and advocated cases, they ould dedicate one percent of their for the importance of art in a community. She budget to the general fund. The money ould then identified the rts Commission and City Council be channeled into the Public rt Fund, hich is as instrumental in implementing the program and administered by the East Lansing Public rts giving input to ensure that the process specifically Commission. Ho ever, if the budget for a project

SEPTEMBER / OCTOBER 2016 THE REVIE 31 exceeds $500,000, developers may instead choose to use Of the process, Cronin said that being the first team to up to $25,000 to either incorporate public art into the follo through ith the ordinance meant cooperation and project or donate a ork of art to the city. communication ith city officials, learning from both ends East Lansing’s Percent for rt Ordinance certainly has of the dialogue, and making sure that the art meshed ith learned lessons that other cities could both use and build the overall building design. “The all as essentially a giant upon. Specifically, although not all programs use it, the blank canvas for us,” said Cronin. “ e’ll be building out $25,000 cap is key to maintaining a positive, collaborative some shapes and detail, and turning the side of the building program, according to Sarah Triplett. For development into sculpted art.” projects ith extremely large budgets, the one percent Even more exciting? The finished art ork ill face a mandate ithout any cap could result in developers having community park and the farmers market, serving to enhance to relinquish an unbelievable amount of money to the art the vibrant environment already existing in do nto n East fund. dditionally, Triplett says, “ e realized the importance Lansing. “This stuff can be really of creating unifying signage to better identify pieces of cool from a developer stand-

public art.” point,” said Cronin, reflecting EST LNSING on his team’s overall experience. pop. 48,579 PROJECT IN PROGRESS “There’s a lot that can be done This fall, almost t o years after the Percent for rt Ordi- if you’re cognizant of the area nance as originally enacted, the first public development and ho the art can be used.” project to go through the process of integrating art into the finished design ill reach completion. Colin Cronin, ith Samantha udia is a freelance riter. You may contact her at DTN Management Company, expressed excitement regard- 734-787-1916 or [email protected]. ing the art ork that ill appear on the side of 300 Grand partments, a mixed-use apartment and retail structure.

32 THE REVIE SEPTEMBER / OCTOBER 2016 By dam Umbrasas

THREE OKS pop. 1,622 RIGHT NOTE Three Oaks Realizes the Dream of a Performing rts Center

he idea for an arts and education center in the Village of Three Oaks began to take shape in 2011. That’s hen the village adopted a 2030 Master Plan that included a call to establish a community center to serve area teens T and other residents. In practice, ho ever, a sustainable community center is a difficult concept. ho runs it? Ho are they paid? Ho is it funded? These issues face every municipality—a need for age-inclusive programming, but inherently high costs for a service program that relies on paid staff, paid teachers, and pays market rent. The goal of establishing the Three Oaks rts & Education Center ( &E Center) as to create a collaboration be- t een government and local residents to develop a community center ith a sustainable, lo -cost business model. In fall 2014, a site for the center became available hen the Three Oaks Village government announced its move to a ne location. They offered the former Village Hall as the site for an rts & Education Center operated by the School of merican Music.

SEPTEMBER / OCTOBER 2016 THE REVIE 33 beyond music instruction. In fact, it could fill the need for the ranging A Musical Partnership community center described in the 2030 Master Plan. Since inter 2012, the Three Oaks To nship Public Library So in fall 2014, the S M board expanded its vision (and had made space available to the School of merican Music ork!) to take on the task of building and operating the Three (S M)—a local 501(c)3 nonprofit—to provide high-quality Oaks rts & Education Center. S M board volunteers con- music education at a belo -market cost. S M’s business ducted visioning sessions for potential users of the space; model relies on retired volunteers and board members to orked ith a volunteer local architecture firm to re-de- administer the program, steeply-reduced rental costs, and sign the interior and exterior; developed public relations and tuition to enable them to pay teachers the prevailing instruc- marketing materials to present any here they ere invited to tional rate. In addition, faculty from the school provide public speak; and submitted a proposal to the Public Spaces Commu- performances and other community services to raise scholar- nity Places creative funding program, offered by the Michigan ship money for students. Economic Development Corporation and Michigan State The Village offered the space to S M at a steeply-reduced Housing Development uthority. If successful, the $20,000 rental cost, providing the opportunity to realize the dream cro dfunding campaign ould be matched by funds from of building a recording studio as ell as indoor and outdoor MEDC and MSHD . performance areas for student and faculty recitals. But it The cro dfunding campaign on Patronicity as indeed as also clear that the space could be much more important successful. fter six eeks, more than 200 individuals donat- than that. It could become a broader symbol of the quality of ed a total of about $22,000. The $20,000 match helped the life in the village. The structure, centrally located in the main project get off the ground. “do nto n” park, could accommodate programming ell A Community Composition But for a volunteer-driven community center to be sustainable in the long run, financial support has to come from a broad base of local area residents and organizations. The board’s mantra as: “ e ill help you build it,” not “Build it and they ill come.” This meant e relied not only on the cro dfunding campaign, but also on donated labor and materials and hatever discounts e could get from lumber yards to test the concept that the community really anted the &E Center to be built. Three Oaks is lucky to have philanthropic foundations that serve the area, and individuals ho are illing to make substantial charitable gifts. fter it as clear that there as enough broad-based community support to build out the

BUT IT WAS ALSO CLEAR THAT THE SPACE COULD BE MUCH MORE IMPORTANT … IT COULD BECOME A BROADER SYMBOL OF THE QUALITY OF LIFE IN THE VILLAGE.

34 THE REVIE SEPTEMBER / OCTOBER 2016 space, e decided to approach these sources for program marketing costs. Some teachers generously donate all of funding to cover expenses such as classroom supplies, schol- their proceeds. arships, and internships. Since the spring, the &E Center has been in use every day. Recent activities include student recitals, teen night, movies, public meetings, storytelling orkshops, riter orkshops, Transforming Village Hall Spanish language classes, yoga, tai chi, choir rehearsal, and lo- The aim as to transform the place here you used to go cal musicians recording a soundtrack for a local history video, to pay your ater bills into an attractive indoor and outdoor veteran’s histories, and oral histories. Mean hile, the board space for leisure, recreation, and learning. The area outside continues to recruit teachers in order to fill the capacity. the building as reconfigured ith a 600 sq. ft. performance The &E Center is young, so its impact is just beginning stage facing into a large park located in the center of the to be felt. People and organizations ant to take advantage village. The exterior appearance as improved ith donated of the resource. locally-sponsored talent sho as held professional landscaping; upbeat signage; a ne , industrial chic on the outdoor stage; a donor ants to set up a free movie paint job, and an elegant D access ramp that leads from the night every Friday; and a long-established civic improvement front of the building all the ay to the stage and seating area organization has committed to financial support and ongoing in back. The inside area as redesigned to include a 589 sq. ft. board membership. If e are successful, in five years 25 local general program room for large group activities; a 127 sq. ft. residents ill be on the &E board of directors, there ill be all-digital recording studio; and a 361 sq. ft. room for smaller a locally-driven finance committee, and people ill gravitate group activities. to the center as a place for leisure, education, and enjoyment. The business model of the Center is designed to provide e are here to help that happen. an ongoing source of revenue for the center. Teachers offer classes and orkshops, for hich they charge tuition. The dam Umbrasas is village manager of the Village of Three Oaks. teacher keeps 70 percent of the revenue, and the other You may contact him at [email protected] or 30 percent goes to the &E Center to pay operating and 269-756-9221.

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SEPTEMBER / OCTOBER 2016 THE REVIE 35 MICHIG N Rules in Favor of SUPREME Prevailing age COURT Ordinances in Cities

by illiam Mathe son

n a case involving a contractors’ group and the City of upholding the city of Lansing’s prevailing age ordinance, Lansing, the Michigan Supreme Court recently ruled the impact should far exceed this one ordinance. that local prevailing age la s— hich require ork- The League’s Legal Defense Fund as requested to file ers on state financed construction projects to be paid an amicus brief ith the Supreme Court. The brief, by Paul local age and benefit rates, hich are based on union Hudson of Miller Canfield and Cliff Taylor, of counsel at the Icontracts—are constitutional. firm, as especially ell ritten. Given the partisan political In 2012, the ssociated Builders and Contractors sued nature of the ordinance and the Court’s conservative incli- Lansing in an attempt to overturn the city’s prevailing age nations, the brief began: ordinance as unconstitutional. The Ingham County Circuit ruled in favor of the contractors, but that decision as “This case is not about the merits of a ‘prevailing reversed by the Michigan Court of ppeals, hich in a split age’ ordinance. Instead, it is about ho decides the decision upheld the right of the city to pass such an ordi- merits of such an ordinance. ere the residents of nance. On May 17, the Supreme Court said the Court of the City of Lansing, through their elected represen- ppeals as rong in the ay it dealt ith the prevailing tatives, permitted to decide ho their city gov- age issue, but it said the result the appeals court arrived at ernment spends city funds on city projects? Or do as the correct one. courts, from on high, get to decide for them, striking The Michigan Supreme Court has provided an ans er do n their duly enacted ordinances henever the to one of the most important questions concerning the ordinance brushes upon a matter that might also be authority of Michigan’s cities and villages. In its unanimous of ‘state’ concern?” Ultimately, the brief set forth decision, the Court underscored the significance of lan- a rationale for the Court to uphold Lansing’s ordi- guage in the 1963 Constitution related to local government nance…and that is hat the Court did. home rule po ers. hile the decision is important in

City of Lansing Prevailing age Ordinance (excerpt) No contract, agreement or other arrangement for construction on behalf of the City and involving mechanics and laborers, including truck drivers of the contractor and/or subcontractors, employed directly upon the site of the ork, shall be approved or executed by the City unless the contractor and his or her subcontractors furnish proof and agree that such mechanics and laborers so employed shall receive at least the prevailing ages and fringe beneﬁts for corresponding classes of mechanics and laborers, as determined by statistics compiled by the United States Department of Labor and related to the Greater Lansing area by such Department.

36 THE REVIE SEPTEMBER / OCTOBER 2016 In considering the extent of local home rule author- In short, the Supreme Court in the Lansing decision ity, it is often debated hether cities and villages concluded: may only do those things explicitly permitted by the “ e therefore declare that Lennane has no continu- State – or hether they may exercise all authority ing viability and repudiate its conception of municipal not explicitly denied by the State. The Supreme Court authority in light of the ratification of the 1963 Consti- in the Lennane decision from 1923, interpreting tution.” (From the Opinion of the Court) the former Constitution of 1908, held that cities There ill no doubt be future cases, ith different and villages had only the po er explicitly granted. facts, that ill offer the Court other opportunities to In overruling the previous decision, this interpret the proper relationship bet een Michigan’s dichotomy as addressed by the Court in the local governments and the State, in the context of the Lansing decision: 1963 Constitution. Until then, the po erful and insight- ful language of this Court in this decision should go a “…the Lennane Court held that the regulation of long ay in supporting the authority of local government ages paid to third-party employees orking officials to make choices about the nature and extent of on municipal construction contracts as exclu- their local governments services, on behalf of the citizens sively a matter of state, not municipal, concern. ho elected those officials. In concluding that a municipality’s po ers did not include the po er to enact such la s, the The Opinion of the Court can be vie ed at http:// Lennane Court appears to have concluded that courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/ municipalities have only the po ers relating to Recent%20Opinions/15-16%20Term%20Opin- local concerns that ere not expressly denied, ions/149622.pdf and could ield only those po ers expressly and explicitly granted. This conclusion found no sup- illiam Matheson is general counsel for the League. You may port in the 1963 Constitution… Furthermore, the contact him at 734-669-6305 or mathe[email protected]. plain language of the 1963 Constitution grants cities and villages broad po ers over municipal concerns, property, and government hether those po ers are enumerated or not, and the relevant constitutional language does not state that a matter cannot be a municipal concern if the state might also have an interest in it. Thus, if Lennane’s holding as ever on firm constitutional ground, it no longer had sound footing after the people ratified the 1963 Constitution…” (From the Court’s Syllabus)

“Furthermore, Lennane’s holding appears to rest on an implicit dichotomy: if something is a matter of ‘state concern’ it cannot also be a matter of ‘local concern’… hile a binary understanding of state and local governmental po er might have been common 100 years ago, the ratiﬁers of the 1963 Constitution do not appear to have orked under the same apprehension — instead e are left ith their ords: ‘The provisions of this constitution and la concerning counties, to nships, cities and villages shall be liberally construed in their favor.’” (From the Opinion of the Court)

SEPTEMBER / OCTOBER 2016 THE REVIE 37 Northern Field Report MANCELONA

MNCELON MATTERS pop. 1,390 By Sarah Craft

andy Bockhorst and her husband, Felix, did something unheard of to most Michiganders. bout four years ago, after she and Felix retired, they moved from Florida to Michigan. nd not just any here in Michigan—to Mancelona, S here neither of them had ever taken up residence. “My family used to camp in Mancelona hen I as a child and I al ays loved it,” said Sandy. “The heat as getting too extreme for us do n in Florida and one day Felix looked at me and said, ‘I’m dying here, get me out of here.’ I hadn’t been back to Mancelona since I as a kid, but if he anted cold and sno , I kne right a ay that this is here I anted to be.” ith cooler eather and a fresh start, she and Felix started their encore careers. lthough many communities place emphasis on retaining and attracting Millennials, Boomers also bring incredible value. In the United States, nine million people over 50 have re-joined the orkforce in careers that give personal fulﬁllment and have a social impact. nd like Sandy and Felix, Boomers are starting businesses. In 2013, 35 percent of all ne businesses in the U.S. Felix and Sandy Bockhorst ith employee Gerrard Dechamp ere started by entrepreneurs over 50. Over a fe years, Sandy and Felix purchased t o buildings in Mancelona’s small do nto n. They opened Sandy’s Candies, a candy and ice cream store, in one building, and the Nickelodeon Community and elcome Center in the other. Florida Transplants’ They live in an apartment behind the candy shop and rent out a second apartment above the Nickelodeon. Fresh Energy Rallies Housing demand for smaller, do nto n apartments like this is gro ing across the country. In fact, fe er than 10 percent the Community of Millennials, GenXers, and Boomers ant to live in traditional, auto-dependent suburban areas. That’s good ne s for even

38 THE REVIE SEPTEMBER / OCTOBER 2016 small to ns like Mancelona. Sandy said she’s never had trou- COMPLEMENTING LOCAL GOVERNMENT ble renting her extra unit. Mike llison is Mancelona’s Village President and kno s “ hen the apartment became available, e filled it imme- ho lucky he is to have someone like Sandy move into the diately,” she said. “There ere even people knocking on our community. He’s lived in Mancelona since 1976 and has door for eeks after it as filled because they heard there seen the village struggle. as an opening. I just ish more of the do nto n building “Mancelona ent from heavy manufacturing to major o ners ould rent out their spaces too.” unemployment,” he said. “ e’ve lost many jobs, but things The t o storefronts and increased residential density truly have started to pick up speed again. There’s a hole ne supports the local community and gives visitors traveling on drive to get things going and e have an opportunity to be U.S. Route 131 a reason to stop in Mancelona. involved in a lot of the ork here along the 131 corridor. “Tourists stop for an ice cream cone no and get to see nything moving us for ard is a plus.” the do nto n,” Sandy said. “ nd e open up the Nickelode- The local government is orking ith regional and on for people in the community to use ho ever they ant. state ide partners to get large-scale projects to come to e host meetings and job fairs, kids come to play ith toys fruition. But they also play a role in supporting the more or atch movies, the quilting club meets here in the cold- community-based initiatives like Mancelona Matters. llison er months, things like that. Just this eekend, e had t o and his colleagues recognize the importance of unique busi- different fathers spend visitation time ith their children here. nesses and fun events and have started to see hat things It as rainy so they needed a place to play and have fun ith like placemaking can do for the community. their kids.” “Mancelona Matters has become a nice ay to get things done in the village,” said llison. “They’re trying, along ith STRONGER TOGETHER a lot of other people, to make our community better and e This alone ould be a great story, but Sandy’s ork didn’t try to be as supportive as e possibly can.” stop there. hen she opened Sandy’s Candies about three This support rarely comes in the form of dollars, because years ago, she asn’t gaining as much business as she hoped there aren’t many to go around. Instead, the village closes and as orried about ho to keep the doors open. She roads during events, offers department of public orks staff kne she asn’t the only one in to n struggling, so Sandy to help ith set-up and tear-do n, and brings leaders to organized a group of residents and business o ners to figure the table to better partner ith government initiatives. out hat to do. Communities across the state can learn from Mancelona. It often takes just one person to get things going, and placemaking initiatives like Mancelona Matters can bring more “People are coming people to the table. Everyone in the village is orking to- together and so many ards the same vision, and Sandy said residents are starting have gone out of to feel o nership and pride in the good things happening in their ay to make the the community. community stronger.” Despite a fe bad eather days, the village is having a good summer. “People are coming together and so many have gone out of their ay to make the community stron- Together, they started Mancelona Matters, a grassroots ger.” Sandy said. “Mancelona takes care of its o n.” organization of volunteers dedicated to strengthening the Mancelona Matters is hosting its annual Mancelona Days community by supporting individuals and businesses, hosting beginning Oct. 8, the height of the color change. The com- events, and making tourists’ experience a great one. In just munity ill be full of life ith a street fair, great food, local three years, Mancelona Matters has gro n to more than 600 music, and much more. “It’s a beautiful time of year to come members and hosts fun events, festivals, and beautification up,” said Sandy. nd if you do, be sure to stop in Sandy’s projects throughout the year. Candies to enjoy an ice cream cone from the local shop. “Mancelona Matters is encouraging community,” said Sandy. “People are getting back together, meeting up ith neigh- Sarah Craft is a program coordinator for the League. You may bors, and getting more united. Mancelona has a very poor im- contact her at 734-669-6328 or [email protected]. age and people ere feeling like their to n as dying. e’re doing things that bring people together to support each other and have some fun. nd it’s orking—things seem to be coming together.”

THE REVIE SEPTEMBER / OCTOBER 2016 SEPTEMBER / OCTOBER 2016 THE REVIE 39 Municipal Finance Column By Rick Haglund

MICHIGN GETS IN THE DRIVER’S SET The Great Driverless nd Michigan, threatened by the potential loss of its automotive future, is gearing up for the fight. t stake are jobs, economic development, and tens of millions of dollars in government money for testing programs. CAR RACE “Michigan’s dominance in auto research and development is under attack from several states and countries ho desire to supplant our leadership in transportation. e can’t let that happen,” said Sen. Mike Ko all, R- hite Lake, ho is leading efforts in the Leg- islature to promote the development of autonomous vehicle technology here. Last year, the University of Michigan created “Mcity,” a 32-acre simulated urban and suburban environment that includes a net ork of roads, buildings, intersections, and traffic signals designed to duplicate real- orld driving conditions. Located on the university’s North Campus, Mcity claims to be “the orld’s first controlled environment specifically designed to test the potential of connected and automated vehicle technologies that ill lead the ay to ESTIMTES OF HEN DRIVERLESS CRS ILL mass-market driverless cars.” It’s being HIT THE ROD RE LL OVER THE MP. used by several automakers to test vehicles and is closed to the public. In July, German automaker BM safe operation in the real orld. States, Mcity is part of the university’s said it ould offer fully autonomous municipalities, and universities looking Mobility Transformation Center, a vehicles in 2021, the first automaker to be the center of autonomous vehicle partnership ith the Michigan Depart- to announce a specific timeline for sell- development are developing hat are ment of Transportation. The MTC has ing self-driving cars. But some industry kno n as “fake cities,” test beds here an ambitious goal of putting a fleet of analysts say it could be 30 years or automakers and suppliers can simu- autonomous vehicles that can commu- more before automakers surmount all late real- orld driving conditions for nicate ith each other on the streets of the complex hurdles involved ith au- self-driving cars. nn rbor by 2021. tonomous vehicle technology and put “There’s a battle going on, primarily “ e believe that this transformation driverless cars in dealer sho rooms. involving Michigan, northern California, to connected and automated mobility “You can get diametrically opposed and ustin, Texas” to lead in autonomous ill be a game changer for safety, for ans ers to these questions,” said Luke vehicle technology, said Tim Johnson, efficiency, for energy, and for accessi- Forrest, director of civic innovations at director of transportation initiatives at bility,” said Peter S eatman, founding the Michigan Municipal League. NextEnergy. Former Gov. John Engler director of the MTC. “Our cities ill be Regardless of ho quickly driverless created NextEnergy in 2002 to conduct much better to live in, our suburbs ill cars begin to appear, automakers ill research on alternative energy, including be much better to live in. These tech- need to run up millions more miles electric vehicle technology. nologies truly open the door to 21st on their odometers to ensure their century mobility.”

40 THE REVIE SEPTEMBER / OCTOBER 2016 much larger test bed for auton- Michigan globally as the nerve center of to allo autonomous vehicles— ith no omous vehicles is taking shape a fe autonomous vehicle technology. driver at the heel—to operate on the miles east of nn rbor at the former In Flint, Kettering University is state’s public roads. His legislation also illo Run manufacturing complex building a 19-acre autonomous-vehi- ould allo tight convoys of driverless here thousands of orkers once built cle testing facility on the former site of commercial trucks to operate on the B-24 bombers, cars, and transmissions the massive Chevrolet manufacturing road and for ride-hailing services such for internal combustion vehicles. The complex. The project, hich ill include as Uber to pick up passengers in driver- 335-acre merican Center for Mo- research lab space on Kettering’s cam- less cars. The bills have been referred bility is a joint venture of the Michigan pus, is being financed ith $4 million in to the Senate’s economic development Department of Transportation, the grants from General Motors Co. and the and international investment committee. University of Michigan, the Michigan General Motors Foundation. Several recent crashes involving Economic Development Corporation, Google, hich has been testing Tesla’s semi-autonomous cars, includ- Business Leaders for Michigan, and nn self-driving cars for years in California, ing one in hich the driver died, have rbor Spark. is establishing an autonomous vehicle raised ne questions about the safety development center in Novi. Google and viability of driverless vehicles. The also announced a partnership in May National Transportation Safety Board is ith Fiat Chrysler utomobiles to investigating Tesla’s utopilot, a partial develop a self-driving Chrysler Pacifica self-driving feature that as involved in hybrid minivan. the fatal crash. Even the U.S. rmy is orking on But ith so many automakers invest- developing driverless military vehicles in ing billions of dollars in self-driving-car Michigan. In June, the U.S. rmy Tank technologies, Michigan is smart to make utomotive Research Development and itself as elcoming to those invest- Engineering Center in arren con- ments as possible. ducted a seven-mile-long test involving semi-autonomous technology for large trucks and embedded communication Rick Haglund is a freelance riter. You may The center, announced in March, ill signals on I-69 near Flint. contact him at 248-761-4594 or haglund. become a “national-scale advanced In May, Ko all introduced legislation [email protected]. automotive testing and product devel- that ould make Michigan the first state opment center that can accommodate the broad needs of industry and government” hen it is completed next year, its founders said. It ill also ork to establish safety and other technology standards for self-driving cars. Officials are seeking state and federal money to help fund the estimated $80 million project. “ e need standards before e’ll see idespread deployment of these vehicles and the benefits they are expected to provide in terms of safety, energy use, and mobility,” said John Maddox, the center’s chief executive officer.

PLNET M STEERS STTE TO RD FUTURE OF TRNSPORTTION The merican Center for Mobility is the centerpiece of a marketing eﬀort by the state, called Planet M, to promote Realistic driving scenario at Mcity autonomous vehicle testing center (photo courtesy of Mcity)

SEPTEMBER / OCTOBER 2016 THE REVIE 41 Legal Spotlight

Sue Jeﬀers is a legal consultant to the League. You may contact her at sjeﬀ[email protected].

Sixth Circuit aﬃrms excessive force claim involving taser

F CTS: NS ERS CCORDING TO THE SIXTH Michael Kent’s father, Rick Kent, died a natural death hile CIRCUIT COURT OF PPE LS: Yes. The Sixth visiting at his son’s home in Commerce To nship. fter Circuit affirmed the district court’s decisions. The Court Michael Kent, ho is a physician, determined that his concluded that the “the nature and quality of the intrusion father had died after not responding to any stimulus for on [Kent’s] Fourth mendment interest[s]” out eigh “the several hours, a call as made to non-emergency dispatch. countervailing governmental interests at stake.” fter The EMT/firefighter arrived and asked hether a hospice an examination of prior Sixth Circuit opinions and the nurse as present and hether Kent had a do-not- facts underlying the opinions, the Court found that, at resuscitate order or po er of attorney paper ork. Kent the time of the incident, it as clearly established that explained that his parents ere visiting from out of state it as excessive force to “tase an individual ho refused and that his mother did not have the living ill directive or to comply ith officers’ commands to calm do n and durable po er of attorney ith her. The EMT then yelled at emergency responders, but as never told he radioed for his partner to assist him in attaching an as under arrest, never demonstrated physical violence, utomated External Defibrillator to determine if there and had his arms in the air and his back to the all hen ere signs of life and to do “everything” they could for the tased.” patient. Kent began yelling at the EMTs and the deputies, telling them they “ ere not going to assault [his] dead Kent v Oakland County, No. 14-2519, January 6, 2016. father” and the situation escalated at that point. Ultimately one of the deputies pulled out his taser and stunned Kent This column highlights a recent judicial decision or Michigan ho fell to the floor. Kent as not arrested nor as he Municipal League Legal Defense Fund case that impacts ever told he as under arrest. Kent sued the deputies in municipalities. The information in this column should not be federal court claiming that they had violated his Fourth considered a legal opinion or to constitute legal advice. mendment rights in the use of excessive force. The defendant officers moved for summary judgment on the basis of qualified immunity.

QUESTIONS: Did the oﬃcers’ use of force violate Kent’s constitutional rights under the Michigan Association of Municipal Attorneys Fourth mendment? as it clearly established, at the time of the incident, Upcoming Events that Kent had a right not to be tased under the circumstances? September 9, 2016 - Marquette Upper Peninsula Conference NS ERS CCORDING TO THE FEDER L DISTRICT JUDGE: Yes. The court found that it as October 13, 2016 - Lansing clearly established that the use of a taser on an individual Municipal Law Program ho as “not under arrest, posed no safety threat to & Annual Meeting oﬃcers or others, made no such verbal threats, as not physically resistant, and may have actually sho n physical For more information & to register, visit www.mama-online.org compliance, constituted excessive force.”

42 THE REVIE SEPTEMBER / OCTOBER 2016 Municipal Marketplace

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SEPTEMBER / OCTOBER 2016 THE REVIE 45 Municipal Q&

Q: e are going to have a millage Q: I heard that there as a change to the proposal on the ballot at our next FLS in regards to overtime pay. hat election. hat can e do to publicize it? are the details? : The Campaign Finance ct prohibits a public body from : There has been a significant change to the Fair Labor using public funds to support a ballot question campaign. Standards ct (FLS ) that ill go into effect on December Public officials can generally issue communications to voters 1, 2016. The U.S. Department of Labor’s final overtime rule using public dollars if the communications contain factual updates the salary level required for the executive, information regarding the election/proposal, and hat administrative, and professional (“ hite collar”) exemption to impact either its passage or defeat ill have on the public ensure that the FLS ’s intended overtime protections are body. Moreover, the prohibition on using public monies to fully implemented. The final rule raises the salary threshold support or defeat a ballot proposal does not prevent certain from $455 a eek ($23,660 for a full-year orker) to high level officers and employees from expressing their $913 a eek ($47,476 for a full-year orker) effective opinions. For example, nothing prevents a city council Dec. 1, 2016. Future automatic updates to these thresholds member or city manager from standing up at a public ill occur every three years, beginning on Jan. 1, 2020. meeting and telling the gathering that, in his or her opinion, The Department does not dictate hat option employers the city needs to ask for a millage increase and the voters should use to comply ith the revised regulations. The need to support it. options include: lthough there are opportunities to carefully use public time and money to further educate the electorate on a • Raise salaries: For orkers hose salaries are close proposal, public employees and officials should also keep to the ne threshold and ho pass the duties test, these guidelines in mind: employers may choose to raise these orkers’ salaries to meet the ne threshold and maintain • Non-policy making staff may not take “official” time their exempt status. (i.e., time a ay from their regular jobs) to participate in campaign committee activities, as this ould constitute • Pay overtime above a salary: State and local govern- an inappropriate expenditure of public funds. Nothing ment employers also can continue to pay ne ly-eligible ould restrict the ability of these individuals to ork in employees a salary and pay overtime, or provide comp any ay on the campaign on their o n time. time for overtime hours in excess of 40 per eek. The la does not require that ne ly overtime-eligible • The public body may provide information to individuals orkers be converted to hourly pay status. This approach and/or a campaign committee hich is publicly available orks for employees ho usually do not ork overtime, in the same manner as it ould provide information to but have occasional “spikes” or periods that require anyone else requesting the information. overtime hours. State and local government employers can either plan and budget the extra pay during those • The campaign committees may meet at public facilities periods or provide comp time. only to the extent that, and on the same terms as, any other group could use the same facilities. If the public Source: U.S. Department of Labor Overtime Final Rule body incurs any expense in providing meeting space, the and State and Local Governments. Request a copy of this committee must reimburse the public for that expense. Fact Sheet at [email protected]. For more information on the rule, visit the U.S. Department of Labor’s ebsite at: • The public body should not place links to .dol.gov/ hd/overtime/final2016/ or call the campaign-related ebsites on its ebsite. Detroit office at 313-309-4500.

(Campaigning ith a Purpose: Public Employees/Oﬃcials Support of Ballot Proposals, The Revie, January/February 2015; for the full article visit mml.org or contact [email protected])

The League’s Information Service provides member oﬃcials ith ansers to questions on a vast array of municipal topics. Email inquiries to [email protected], or call 734-662-3246 or 800-653-2483.

46 THE REVIE SEPTEMBER / OCTOBER 2016 BLUE HERON BAY SPLASHPAD - INDEPENDENCE LAKE PARK | WHITMORE LAKE, MICHIGAN

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SEPTEMBER / OCTOBER 2016 THE REVIE 47 Flood of Community Beneﬁts Realized for NOC MEMBERS

fter a decade of individual efforts to overcome rising costs, lo ater system NORTH pressures, and system reliability issues, OKLND four neighboring Metro Detroit COUNTY communities are providing better service to their residents and saving over $5 million annually by sharing resources and orking together as the regional to coordinate the members’ five storage tanks fill and drain ater authority kno n as the North Oakland County ater times to keep NOC ’s overall peak dra belo the al- uthority (NOC ). NOC includes the cities of uburn lo able rate. Oversized storage tanks in Pontiac and storage Hills and Rochester Hills, Charter To nship of Orion, and the tanks in Orion To nship and uburn Hills supplement resi- Oakland County ater Resources Commissioner’s Office, dent demand during peak periods, hen residents use most o ner and operator of the city of Pontiac’s ater system. ater, and smart ater tools provide system operators ith NOC members share a contract ith the Great Lakes information to make day-to-day decisions in support of these ater uthority (GL ) and rely on coordinated system coordinated operations. operations and optimization of existing infrastructure to This in- in partnership embodies the po er of collabo- reduce peak hour demand from the supplier, GL helps ration and resourcefulness. Managed peak usage has allo ed increase supply pressure and lo er costs. Uniquely, no single NOC communities to negotiate a better ater rate ith entity oversees system operations. NOC members o n GL , increase supply pressure, and reduce future capital and operate their o n infrastructure, and control peak usage expenditures. Perhaps the most surprising benefit is that this through coordinated storage tank filling and draining cycles. partnership has led to a number of other shared cost-savings Success relies on each community orking ith one another initiatives bet een these communities.

COMMUNITY Celebrating Excellence Awards 2015 FINLISTS