It was hailed by many as a creative way to save jail costs and provide food for the hungry.
It was bashed by a standing-room-only crowd as a blatant threat to public safety.
It is now history.
The community service garden on the old McCord farm will cease to exist, with the 52nd District Court to seek another location.
The decision came Wednesday, Nov. 5, the day after an Independence Township Board meeting in which supporters and protestors found it impossible to find common ground and township officials begged for more time to study the matter.
‘After listening to those who based their opposition to the project upon distorted, embellished and, in some cases, totally untrue information, we have concluded that the time has come to withdraw its request? to continue the garden, Judge Dana Fortinberry and Judge Michael Batchik wrote to Supervisor Dale Stuart.
‘I didn’t make the decision based on the crowd,? Fortinberry said later. Rather, a threat by a resident to take the court to court was the convincer.
‘We’re ready to file whatever the appropriate injunctions or motions to stop this,? Iroquois Drive resident Les Thomas said at the board meeting. ‘We’ll spend our money and we’ll fight this.?
‘Is it fair to put the taxpayers through the cost of litigation? Even to respond to a lawsuit would cost the taxpayers thousands of dollars,? Fortinberry said after writing her letter.
The judge continued to deny any risk to those in the vicinity of Pine Knob and Stickney roads.
‘I don’t think there was anything presented that credibly tied into our garden,? Fortinberry said. ‘A very excellent and successful program had to bite the dirt at that location because of politics.?
Residents at the Nov. 4 board meeting had a passionately different point of view. While unable to provide direct evidence of local crime from what they insisted on calling an ‘inmate work farm,? numerous speakers said they had real fears caused by real suspicious incidents.
Whipple Lake Road resident Tim Smith, representing a group called Citizens for Community Safety, called on trustees to withdraw their permission for the project.
‘We’re asking this because of the danger it poses to our neighborhood,? Smith said. ‘We’re asking that you think of our safety, and that of our families and children.?
Among points of debate were the fear that convicted felons were among those given the ‘alternative sentence,? the amount of supervision for the convicts, the zoning of the property and the proximity of Bailey Lake Elementary School.
‘These people are not a threat to your family,? Fortinberry said at the meeting, noting that her two sons were among the volunteers this past year. ‘I’m a neighbor of yours. There is no way I would put you or your families in danger.?
Some believed there was foreseen danger, based on the alleged lack of public notice.
‘It was dropped in our backyards without any notice whatsoever as to what kind of impact it was going to have,? Pine Knob Road resident Jamie McKean said.
‘They are convicted criminals,? Stickney Road resident Blake Willms said, also countering the statement that garden sentencees actually pay for the privilege of staying out of jail. ‘They will not be paying us for our substantially reduced property values. You’re not going to explain that away to a prospective buyer.?
Among those voicing their concern was Janet McCord, who donated the property to Independence Township.
‘Almost all the young criminals who are being brought in have had some failure to control an impulse,? she said, echoing another residents concern that the sentencees had an opportunity to ‘case? the neighborhood. ‘If the township treasures that property at all, it’s not wise to acquaint all these people with it.?
Cindy Kosik, who filed an indecent exposure complaint in September after jogging along Pine Knob Road, was both a topic of conversation and a speaker.
While there was confusion over whether sheriff’s reports were ‘pulled for political reasons,? whether she should have filed the report sooner and whether the offender, she said the fear factor was real.
‘Since this happened, we have not let our children out on weekends,? she said, noting there are now two paths through the wood to the garden which were not there before. ?[The offender] wasn’t a neighbor.?
The judges provided a history of good things happening at previously founded garden projects in Novi and Waterford, and noted a successful harvest in Clarkston’s first year.
Supporting the garden were non-convict volunteers, including Bob McGowan, who read a letter of thanks from the Food Bank of Oakland County for the 12,343 pounds of vegetables produced by the garden in its first season.
‘I think you need to know the value of what has happened this past year,? he said.
Master gardener Bill Piak said he saw none of the alleged problems in his many hours working with the volunteers and convicts.
‘I’m flabbergasted at what I’m hearing, because I never saw any of this,? he said. ‘I’m out there all the time. I have not seen anything of what you people are talking about.?
At the meeting, trustees voiced sympathy but asked for more time to consider the issue, especially since the growing season is now complete. After the judges announced their decision, Stuart supported it.
‘It was a good decision,? he said, noting the concerns voiced by residents. He also supported the idea of establishing a new garden, even if they must start from scratch.
‘The community garden was a great idea,? Stuart said. ‘I’m confident there are some areas that would be acceptable. It may take more work.?
Concerning the accusation of lack of public notice, Stuart said officials try their best, with advance publication of board agendas and other methods. He cannot guarantee personal contact of all those potentially impacted, however,
‘Every issue we discuss has some effect on somebody. We certainly weren’t trying to hide what we were doing.?
Township officials must now deal with another request from Fortinberry. Since The Clarkston Rotary Club donated $4,000 toward the digging of a well for the garden, the judge believes the township should return those funds. Other funds donated specifically toward the garden project should be forwarded to the District Court, Fortinberry said.
Smith, obviously, was pleased with the judges? decision to pull out of the McCord property.
‘That’s good. It’s what we were after,? he said, offering words of praise for the ‘well-intentioned? judges. ‘I’m happy we did what we did. I’m sorry if we stepped on any toes.?
What is the future for ‘Citizens for Community Safety?? Smith is not sure, except to say they will watch ongoing parks and recreation master plan discussions for the McCord farm.
While ‘it was kind of nice to meet neighbors,? Smith admitted the ‘safe community? interest was limited to the garden project.
‘That was our main focus,? he said.