The NAKED TRUTH

City Pulse January 28, 2015PULSEState of the Citywww.lansingcitypulse.com5NOINIPO&NEWStime,” Nelson said. Instead, the process aims to identify whatthe community believes is the best model.While Bernero has not laid out a timeline for his plans,he has acknowledged that some of them might require CityCharter amendments, which City Council and Lansing votersCriticism mounts even before Bernero has spelled outmust approve. Gutting the current board governance wouldhis plans for the Lansing Board of Water & Lightrequire such a move. By law, ballot language has to be approvedWhen Virg Bernero takes the stage Thursday night at and filed with the city clerk by Feb. 10 — and Council’s nextLansing Community College, it will be to deliver perhaps the meeting after the speech won’t be until Feb. 9.most anticipated State of the City address in his 10-year tenureRegional leaders impacted by such changes, such as Eastas mayor. Folks will be waiting for details on how he plans to fix Lansing Mayor Nathan Triplett and Delta Township Supervisorissues with the Lansing Board of Water & Light.Ken Fletcher, cautioned against rushing into anything. (SeeLast week, in the wake of the dismissal of J. Peter Lark as their opinion piece in today’s City Pulse on Page 4.)general manager, Bernero was all over the news declaring theSo did former Mayor David Hollister.current governance of the utility wasn’t working. He has stopped“We need to slow down and begin a rigid, thoughtful proshort of providing details oncess,” warned Hollister. As mayhow he plans to address theor, he said, he “noodled” the ideaproblems he’s identified —of changing BWL’s governance,and bridled at what his topbut ultimately determined “itaide, Randy Hannan, calledwas not prudent.”“wildly premature criticismBWL “should not be politiof his BWL reforms.” Butcized,” Hollister warned.he dropped plenty of hintsPoliticizing the utility is alsothat he wants to dismantlea concern for the Internationalthe independent Board ofBrotherhood of ElectricalCommissioners that overWorkers, the local union repsees the state’s largest pubresenting many of the BWL’slic utility and fold the boardemployees.under mayoral control as a“It lends itself to city politicscity department.being directly involved in theThat runs counter tofunctions of the utility operathe way most public utilitions,” said Ron Byrnes, businessCourtesy WLNS News 6ties with more than 50,000manager for IBEW.customers are operated. Lansing Mayor Virg Bernero at the 2014 State of the City speech.Also of concern is what willThe American Public Powerhappen to BWL’s revenues —Association, which is a trade group for public utilities, says 66 it brought in just over 348 million in 2014, with operatingpercent of those large utilities rely on independent boards to expenses of nearly 307 million — if they come under directrun them. “That’s because their operations tend to get a little city control. The BWL provides the city with an annual paymore complicated,” said Ursula Schyver, an association vice ment of about 20 million.president.Triplett says he doesn’t “begrudge” the city’s payments fromAbout half of the nearly 2,000 public utilities in the U.S. the BWL, nor is he opposed to them. But he does worry that aare controlled by independent boards, the other half by a city check and balance will be lost if the utility oversight is foldedcouncil, mayor or city manager.under the administration.Bernero and his team point to Marshall, Mich., as an exam“Their (the Board of Commissioners) duty is to the utilityple of folding its utility service under the control of its city man- and the rate payers. They can make such decisions indepenager. But that happened 25 years ago in a city with a customer dently based on balancing both the city needs and the utilitybase of just 4,500, compared to BWL’s over 95,000 residential needs,” he says.and commercial electric customers. BWL also provides overLast week, Councilmember A’Lynne Boles introduced a55,000 customers with water, and 162 customers with steam. resolution at the intergovernmental committee to create moreThe utility had over 1 billion in assets in 2014, and recorded stringent oversight of the BWL board by the Council. That proover 41 million in income after operating expenses.posal would likely result in a city charter revision as well. IBEWA better comparison might be Colorado Springs, Colo., says officials say they are working with Boles on the resolution.the association’s Schyver. That utility offers water, electric andAs head of Bernero’s financial review team, Hollister urgedother utility services to about 100,000 customers, said Christian considering selling BWL. And last week, the board chairmanNelson, a spokesman for Colorado Springs Utilities. CSU serves of the Lansing Regional Chamber of Commerce, John Brown,a population based of about 400,000, Nelson said, BWL serves declared, “The City of Lansing is faced with financial challengesa similar population base.including more than 600 million dollars in unfunded liabilities.As Colorado Springs has grown, city leaders have struggled Everything should be on the table.”with how to govern its public utility, which the City CouncilOn the record, Bernero has stood firmly against such a sale.oversees. But since 2007 the city has commissioned two dif- But sources say he is less adamant behind closed doors.ferent studies on changing governance. In both instances theindependent groups came back with recommendations to tran— Todd Heywoodsition away from City Council control to an independent board.The next step is a series of public forums, which kicks off today.“We’re not focused on any specific governance model at thisCOF THE WEEKProperty: 1310 Cambridge Road, LansingOwner: James PerkinsLeota and Talbert Adams were inspiredto build this mid-century home while traveling abroad. During a flight over the Atlantic,they spied the shadow of their plane in theclouds below. Upon their return, the Adams’,who were both licensed pilots, decided tocreate a home shaped like an airplane. Thehome’s plan mimics the outline of a plane,with its long wings covering the lot facingMoores River Drive.Completed in 1951, the house featuresashlar fieldstone walls and a low-pitchedroof typical of Modern Ranch houses. Atthe time the neighborhood was platted,the increasing popularity of the automobileallowed for the development of generousresidential plots, often spread along winding streets. Following this pattern, homedesigns featured strong horizontality as theirbroad facades filled the wide lots. Here, asin many cases, the elevations are furtherextended with the inclusion of the attachedgarage.Without a doubt, the most striking feature of this house is its bowed walls, completed with curved plexiglass windows. Therounded ends recall the streamlined lookpopular in the Art Deco era and led peopleto refer to this home as “The Airport House.”The current owner, who has occupied thehouse since 1986, has poetically named it“Wingspan.”— Daniel E. Bollman, AIA“Eye candy of the Week” is our weekly look at some ofthe nicer properties in Lansing. It rotates each with Eyesore ofthe Week. If you have a suggestion, please e-mail eye@lansingcitypulse.com or call Belinda Thurston at 999-5065.

6www.lansingcitypulse.comTime totalk to GeorgeWhen a big fish is canned, attorneyGeorge Brookover is on the caseIn January 1954, George Brookover wasperched on his dad's shoulders, watching thebig political fish go by on their wayto the second-term inauguration of MANMichigan Gov. G. Mennen "Soapy" IN THENEWSWilliams."Hiya, Soapy!" 4-year-oldGeorge shouted to the governor.Williams walked over and patted him onthe shoulder."Hiya, feller."Brookover, 64, still has a knack forswimming with big fish. The longtime EastLansing attorney is representing J. PeterLark in the imbroglio over the former Boardof Water & Light general manager's dismissal."He is involved in almost every highvisibility employment case in this area,"declared another prominent Brookover client, political consultant and former InghamCounty Commissioner Mark Grebner.Brookover cultivates an aw-shucks attitude about his streak of high-profile cases."I don't pick my clients. They pick me,"he shrugged.When a big fish is canned, Brookoverusually represents the can-ee. In 2006, herepresented Lansing Community CollegePresident Paula Cunningham when theBoard of Trustees dismissed her from thejob. When Chris Stuchell resigned as director of Lansing Housing Commission in2009, he retained Brookover."I'm happy and proud to represent people who have had employment turmoil,"Brookover said. He was quick to add thatthere's been plenty of that in Michigan in thelast 20 years or so.Brookover's lifelong interest in law, politics and history began with his father, WilburBrookover, mayor of East Lansing from 1971to 1975 and a professor of social science atMichigan State University.Old-school liberalism is a family tradition.Wilbur Brookover, a staunch Democrat, testified against the harmful effects of school segregation as an expert witness in the landmarkBrown v. Board of Education case in 1954."We watched the nightly news and readeverything," Brookover said.Brookover has a soft spot for the underdog. If he had his pick of any trial in history,he'd defend John Scopes, the Tennesseeteacher who was put on trial for teachingevolution in public school. Famed lawyerClarence Darrow, who represented Scopes,is one of Brookover's heroes."I would have loved to represent almostany of Clarence Darrow's clients — Leopold& Loeb, the Wobblies, the UAW back in the1930s," he said.But Brookover liked to go against thegrain, even as a tyke. After the 1952 presi-PUBLIC NOTICESNOTICEThe Board of Review of the City of Lansing will meet in regular sessions in the 3rd Floor ConferenceRoom, City Hall for five days March 09,10,11,12, &13 2015 at 9:00 AM to 12:00 NOON and 1:30PMto 4:30PM. EXCEPT for Wednesday, March 11 from 1:30PM to 4:30PM and 6:00PM to 9:00PMto review and correct the assessment roll made by the City Assessor. The Board will hold opensessions, during which time any resident taxpayer may be present to make appeals and be heard inperson. Taxpayers are permitted to file his or her protest by letter and his or her personal appearanceshall not be required. Protest at the Board of Review is necessary to protect your right to furtherappeals to the Michigan Tax Tribunal. An appointment is necessary and must be scheduled before4:30 PM, March 11, 2015. Letter appeals must be received in the Assessor’s Office by 4:30 PM,March 12, 2015. If you wish to contact the City of Lansing Assessor’s Office, you may do so by calling(517) 483-7624.RATIO AND TENTATIVE EQUALIZATION FACTORS FOR 2015INGHAM COUNTYRATIO NTIAL50.001.00PERSONAL PROPERTY50.001.00EATON COUNTYCOMMERCIALINDUSTRIALRESIDENTIALPERSONAL 0.0050.0050.0050.001.001.001.001.001.00CLINTON LPERSONAL PROPERTYSubject to revisions by:Board of Review, County Equalization, State Tax CommissionCity Assessor’s OfficeCP#15 017City Pulse January 28, 2015Lawrence Cosentino/City PulseGeorgeBrookoveris one of theLansing-area'smost soughtemploymentlawyers for highprofile cases.dential election, when everyone in his familymourned the defeat of the Democratic nominee Adlai Stevenson, George Brookoverstubbornly liked Ike."After all, he was the president,"Brookover said.He'll happily argue either side of anemployment dispute. In 2007, he wasretained by Ingham County Circuit CourtChief Judge William Colette in a frontpage-grabbing dispute with Judge BeverlyNettles-Nickerson, who was suspendedfrom her job and accused her boss, Collette,of racism.Brookover sympathizes with beleagueredbusiness owners as well as beleagueredemployees."This has been a very tough state to existfor private sector business in the last 20years or so, whether it's because of the politicization of everything, the ineffectiveness ofstate government, or other reasons," he said.After graduating from East Lansing HighSchool, Brookover studied labor and industrial relations at Cornell University, where hemet his wife, Patricia. She was president of asorority and he was working part time in thekitchen of the sorority house.On the first day of school, Patricia broughtthe kitchen staff into the dining room intheir white coats and ties and introducedthem to the women. "Times were changing,but there was still quite a bit of formality oncampus," Brookover said.But Patricia didn't want the women toput on airs. She told them to say "hello" ifthey were to meet any of the kitchen staffoutside of the house."That was a mistake," Brookover said.The very next day, they found themselvessitting next to each other in class. "She wasstuck," he said. "She had to talk to me."Brookover played football for a year atCornell, but dropped it as campus unrestand national turmoil over civil rights andVietnam heated up."I just didn't like it anymore," he said."There were a lot of other things going on."He pulled a low draft number but wassaved from duty in Vietnam when PresidentRichard Nixon ended the draft in 1973.He went to law school at the Universityof Michigan. "I was not academically distinguished," he admitted. But he found some"pretty good mentors" when he clerked forFoster Smith law firm (then Foster Collins)in summer 1974. He joined the firm in 1974and got a variety of experience in criminal,domestic and labor-employment cases.At Brookover's current firm, BrookoverCarr & Shaberg in East Lansing, high-profilecases make up only a fraction of the workload. Brookover handles a wide range ofbread-and-butter employment law disputes,including grievances and other work-relateddisputes at Michigan State University, alongwith contract law cases and other types ofcivil litigation.To relax, Brookover heads down to hisancestral farm in Indiana, sits on the porchwith a cigar and a glass of bourbon, and"watches the corn." He compared his timewith a fine cigar to yoga, "if you're doing itright."He has no interest in public office,although he served on the East Lansingschool board from 2003 to 2011.Grebner has known Brookover for 20years and has retained him as an attorneysince the early 1990s."It shows how highly I regard him thatI'm an attorney, and he handles all my legalwork, which is a lot," Grebner said.Brookover put any discussion of the Larkcase off limits, but he said the high-profilecases aren't all that different from his otherwork. "It's just a variable that enters intopeople's perceptions," he said. "If it's a jurytrial, you need to be aware of what the jurorshave read or not read in the papers."If Grebner had his way, Brookover mighthave found himself skirmishing with theBWL on two fronts by now. Last week,Grebner paid a visit to the Dye WaterConditioning Plant to see the 1930s muralsby artists Charles Pollock and Frank Cassara.(By coincidence, a print of the Cassara muraldepicting the destructive power of water ison the conference room wall at Brookover'sfirm.)The Dye plant is closed to the publicexcept for special events or by appointment.Grebner didn't expect the doors of Oz tobudge for one petitioner. To his surprise, astaffer ushered him in and let him ogle theart to his heart's content."I wanted to test them, to see if the building is really open to the public," Grebnersaid. "If I ran into problems, I would havetalked to George."— Lawrence Cosentino

City Pulse January 28, 2015Comedy of errors?BWL resolution exposes anewCity Council’s failure to communicateThe firing of J. Peter Lark as head ofLansing Board of Water and Light neatly setsthe theme for the dramatic comedy that willplay out in City Hall over the coming year.The first act certainly had itsShakespearean overtones. The king, Lark, isdeposed. A princeling drawn from the ranks— Dick Peffley — ascends to the throne,interim CEO. His first act? Kill the queen.He fires Lark's second in command, chiefadministrative officer Sue Devon. The King'scouncil — BWL's Board of Commissioners —is riven with intrigue andfactions. The City Councilfeels slighted and is preparing for battle. This isn'tShakespeare, it's “Game ofThrones.”In a perverse way, thespectacle is entertaining,and if the lights workand there's water fromMICKEY HIRTEN the tap, none of it reallyaffects BWL's customers.At least not now.But the city has got to do better, and howit resolves the BWL mess will show whetherthe political establishment can act in theinterest of its people.What Lansing expects from BWL is clearly laid out in its charter in the section dealingwith governance and cooperation. It is clearthat the utility and Board of Commissionersis accountable to the mayor and the Council.The charter states:The Board of Water and Light, hereinafterknown as the Board, shall have the full andexclusive management of the water, heat,steam and electric services and such additional utility services of the City of Lansingas may be agreed upon by the Board andCity Council. The Board shall be responsibleto the Mayor and the City Council for theprovision of these services in a manner consistent with the best practices.(Section 5-201)The intent is clear, but accountability iscloudy. The BWL board is in charge — butnot really.The charter also instructs BWL to actcooperatively with other departments. Itstates:In the best interest of the City, the Boardand other agencies of the City are encouragedto cooperate on projects deemed to be beneficial and to utilize each other's (sic) services.(Section 5-203.7)It is these issues of control and cooperation that Lansing Mayor Virg Bernero, whopushed hard to oust Lark, said were missingduring Lark's tenure. But both are significantpolitical challenge and already fault lines andturf battles are emerging.In a series of votes last week, two members of the City Council, President A'LynneBoles and First Ward Councilwoman JodiWashington proposed resolutions to strip theBWL board of its oversight, making its mem-www.lansingcitypulse.combers “advisors” to the utility. This change instatus would last for a year. They also wantto place non-voting members from EastLansing, Delta Township and other outlyingcommunities on the advisory board beforethe scheduled July 1 date.These may or not be good ideas, but theyalready reflect political, perhaps personal,agendas.Neither Boles nor Washington discussedtheir proposal with Bernero, or the city legaldepartment that was asked to draft the resolution, or with David Price, chairman of theBWL Board of Commissioners.In an interview on WLNS, Price saidhe was surprised by the resolution whichhe called premature. Clearly, Boles andWashington could have spoken with Priceabout their intentions before the meetingand their motions. But this isn't how thingsare done in the city.The Council was tone deaf enough to missBernero's months-long campaign to rid BWLof Lark, and never got a heads-up about thecoup from either the mayor or board. Themotion by Boles and Washington plays outlike pay back. But not according to Boles.“This is not a gotcha moment. . I'm notgoing to pull you into a meeting and playwhack-a mole,” she said in an interview withWLNS. But Boles may have signaled the realintent of the resolutions in an interview withWILX after the Council session.“This would send a very clear and concisemessage that you do have some accountability, and that accountability is certainlythrough the Lansing City Council,” she said.And it seems at odds with the rest of theinterview where Boles said, “There werethree things that we walked away with fromour meetings in 2013 after we had the icestorm, and that was transparency, communication and accountability.”These resolutions reflect the Council'sapproach to transparency and communications. Attempts to reach Boles through heroffice for comment were unsuccessful.The communication breakdown betweenthe BWL board and the City Councilis longstanding, said BWL First WardCommissioner Dennis Louney. (Louneyis rumored to be interested in running forWashington’s seat.)“We have requested regular meetings withthe Council. It wasn't until after the crisis(the ice storm) that they showed an interest. We were lucky if more than two of theCouncil members showed up,” he said.“The mayor called me up when he hadquestions. If they (the Council) have questions on something, give us a call,” Louneysaid.You'd hope that resolving BWL issues likeaccountability, management competence andobscenely large severance payouts to CEO'swould encourage political factions to worktogether or at least talk with one another. Itought to happen.The new structure favored by Bernero,with the BWL chief reporting to him, mighthelp. But the political lines are pretty wellset, which ensures lots of drama and plentyof comedy for the long-running show.7BRIEFLYBeloved former Holt High Schoolband director Timothy Parry died Jan.21 in Florida after an infection set in aftera kidney transplant. He directed bands inHolt from 1991 to 2005. Lansing’s skieshave a new peregrine falcon. Camerasin the Lansing Board of Water & LightEckert Power Station captured images ofthe falcom in a nest. Lansing-basedKTM Industries will pay the federal government nearly 171,000 to settle a caseafter the government said the companycommitted fraud to obtain a federal grantfrom the National Science Foundation. Looking to hire 1,000 corrections officers this year, the Michigan Departmentof Corrections, will reopen its state-funded training academy that was farmedout to community colleges about 18months ago.PUBLIC NOTICESCHARTER TOWNSHIP OF MERIDIANLEGAL NOTICERezoning #14070Ordinance No. 2015-01Date passed:January 20, 2015An ordinance amending the Zoning District Map by changing theNature of the ordinance:zoning designation for 2150 Clinton Street (MP 2313 Lots 5 and 6,Block 6 Okemos) from RB (Single Family, High Density) to C-2(Commercial)Full text available at:Meridian Township Municipal Building, 5151 Marsh RoadMeridian Township Service Center, 2100 Gaylord C. Smith Ct.Haslett Branch Library, 5670 School StreetHarris Nature Center

Apr 04, 2019 · Ingham County register of deeds appoint the replacement, required by state candidates down to three A committee of three top Ingham County elected officials whittled a list of 12 appli-cants down to three Tuesday to replace Curtis Hertel Jr. as register of deeds. The three finalists are Lansing Councilman Derrick Quinney, Lansing