the fight continues...

if you're reading this it may be because you read an article today in my local paper...

i hope you're here because you support the chicken cause...and are not being biased by myths and misconceptions...

thank you for taking the time to read...and please help our cause...our fight....our rights...

sign the petition to the City of Midland City Council here!

shenanigans and friendships

saturday was my birthday.

we've had a crazy weekend traversing the state for all sorts of adventures...

in the middle of it all, I got some text messages from a friend back at home...

first came the message "mission possible!...." followed by a voice text of a 'uniquely' sung version of the mission impossible theme....and this picture.....

and then came the message "don't call the police......"  followed by this picture....

(are you wondering "what the heck??" like I was?????)

and then another message "what r we up to!!?"  and this picture....

oh these sneaky girls!!  by the time i get THIS picture message and a voice text of another unique version of  "happy birthday", Jason figures out that these lovely ladies ARE IN OUR BACKYARD!!!

but I won't be home for another day!!  And she posts the same pictures on Facebook to see who has a guess of their shenanigans.....

well, we returned home today to the most amazing surprises!!

Hanging in our screen room is this handmade cover-up (with my name!) and a priceless card....and....

we recently installed an above-ground pool...a few weeks ago I sent a picture from pinterest to my friend to see if we could build this (vs buying it for $200 from an etsy seller...) 

she said "sure!" and I asked "this week??" and I was met with some resistance in both time and cost (apparently I have no idea how much PVC costs!) so the project was put on hold....

BUT GUESS WHAT APPEARED IN MY BACKYARD ON MY BIRTHDAY??!?!?

*this* handmade, just for me, new PVC towel pool accessory rack....it will be well broken in in this week's 90+ degree temperatures!

amazing friends??!?!  I think so.....

petition-o-rama

you'll find below, a support document for my petition on change.org related to passing a zoning ordinance change...

I encourage you to read it - whether you are for or against backyard chickens - and if you are a resident of the City of Midland, take some time to sign the petition if you support the change...and pass it along to every other resident you know!  thank you!

viva la chicken - the fight continues

so start here ...

then read this ...

so...

a year has passed.  in that time i have followed several chicken ordinance-related cases in other cities throughout the state. i decided it was time to write another letter (and to be honest, i'm not sure why, as it didn't really go well the first time!)

here was the letter i sent last week - this time, to the City Attorney, Mayor, and Director of Planning and Community Development -

Dear Sirs and Madam,

Let me first thank you for your prompt response to my letter dated May 21, 2012, regarding raising chickens and planting a garden at my residence in the City of Midland.

While I understand that your letter represents the position of the City, I find it wholly inadequate that you might fail to recognize and counsel the City Council that such opinions are in direct contrast to stated law, and court precedence. 

While just over a year has passed since I last wrote, several developments have arisen that compelled me to write again, and further address this issue.

First and foremost, I would like to cite a court case, decided in late 2012, that further supports commercial farming in all areas, regardless of zoning.  Several points you made in your letter are directly addressed in this court case, one which required much time and many resources, including financial, that became the responsibility of the township.  The decision in Buchler v. Forsyth Township, from the Circuit Court for the County of Marquette, Michigan, filed by the Hon. Thomas Solka on December 18, 2012, specifically addresses issues related to GAAMPS for Site Selection and residential zoning.

The Solka opinion states:

• Despite the Buchler property being zoned Lake Residential, with no allowance for commercial farming or livestock production in zoning regulations, their commercial farming operation is protected under the MRTFA.
• “The Right to Farm Act at MCL 286.474(6) clearly and unambiguously expresses a legislative intent that the state law preempts “any local ordinance” and bars enforcement of local ordinances against any farm that complies with the Right to Farm Act.  The GAAMPS, themselves, are not administrative rules adopted pursuant to the Administrative Procedures Act with force of law.  The GAAMPS are described in the statute as “policy”. MCL 286.473(1).”
• Hon. Solka’s decision also cites several other court decisions, including Charter Township of Shelby v. Papesh – concluding that “…the RTFA no longer allows township zoning ordinances to preclude farming activity that would otherwise be protected by the RTFA.  Rather, any township ordinance, including a zoning ordinance, is unenforceable to the extent that it would prohibit conduct protected by the RTFA.”

An article about this case is enclosed.  A copy of this decision can be found at -  http://www.farmtoconsumer.org/news_wp/wp-content/uploads/2012/12/Buchler-v-ForsythTwp-Solk-opinion2012-12-18.pdf

In addition, the more local Lincoln Township Planning Commission recently approved a request for chicken keeping on a residential lot, at their March 19, 2013, and indicated that future requests would also be granted.  J******* L******, a resident of Lincoln Township, addressed her Planning Commission in much the same manner that I did the City of Midland.  The Planning Commission consulted their attorney, who provided a response (see attached), indicating that the Lowe’s chicken keeping is protected by the MRTFA. 

Once again, I believe it to be indisputable that the Michigan Right to Farm Act allows me to establish a farm in a residentially-zoned area.

Secondly, I would like to recommend that the Planning Commission and City Council revisit an ordinance change in Midland, to allow for ‘backyard chicken keeping’ in a manner that does not have to meet requirements for the Michigan Right to Farm Act (specifically referring to the commercial nature).  Planning Commission meeting minutes dated January, 2011, indicated significant interest by residents, which was then further supported by the efforts of community members speaking on-behalf of an ordinance change when the proposal was addressed in the case of Mr. Joseph Fiordaliso.  I have heard that city staff state that the public opinion was against this ordinance change.  However, I strongly believe this is NOT the case.  No one spoke in opposition of the change at the August 23, 2011 Planning Commission meeting, with eight households showing support.  At the September 13, 2011 Planning Commission meeting, written opinions were one in support, and one in opposition, with three households speaking in favor of change, and only one in opposition.  Again, it is clear; the voice of the people was speaking in favor of an ordinance change.

I believe this is why, after much due diligence and research of other ordinances in the state, that the Planning Commission recommended an ordinance change at that time.  The City Council vote on October 24, 2011 was not representative of the residents those members represent.  Once again, multiple households spoke in favor of the change, while no one spoke in opposition.  Written opposition was received from three households at this time, per a Staff Memorandum pertaining to the ordinance change, but again, articles supporting backyard chicken keeping were also provided.

I am sure that the council is concerned with issues related to non-traditional animals on residential property, including food storage, sizes of coops and building requirements, odors, pests and predators, noise, and disease.  However, all of these issues can also apply to household pets, such as cats and dogs. There are 11,000 – 12,000 single-family homes in the City of Midland.  With nearly 20,000 registered dogs in the city, only approximately 60 complaints are noted annually.  I am certain that a fewer percentage of residents will opt to raise backyard chickens, making the likelihood of complaints even lower.  This makes backyard chicken keeping in the city a non-issue.

I also believe that there is much interest in responsible backyard chicken keeping in the Midland area.

There is a growing, renewed trend of the people to be closer to their food and to know where it came from.  It is evidenced every week, a couple of times as week, at our very own Farmer’s Market, where vendors fill every available space, and parking is at a premium.

In summary, I firmly believe in my right to raise chickens for eggs on my own plot of land, regardless of its location and zoning designation.  This is supported in multiple court decisions in the state, including the most recent decision in Buchler-v-Forsyth Twp.  I plan to establish a small backyard flock, under the protection of the Michigan Right to Farm Act.  Secondly, I urge the Planning Commission to bring their recommendation for an ordinance change back to the City Council for approval.  This will provide Midland residents guidelines for establishing a small flock within the City, even if they are not commercial in nature, and do not intend to research and/or adhere to GAAMPS.

I thank you for your attention to this matter, and hope that once again, this proactive attempt to avoid any zoning violations and/or nuisance complaints is appreciated.

Best regards,

Enclosed                Victory in Michigan! Shady Grove Farm Protected by Right to Farm Act

Letter to Kevin Wray, Lincoln Township Supervisor, from Peter Poznak, Attorney representing Lincoln Township, Michigan

in the over 18 months since i've started this venture, i've met many people in support of backyard chicken keeping.  one of them lives just outside the city of midland, in a nearby township.  she wrote a letter to their planning commission, much like i did, and they forwarded it on to their lawyer, much like the city of midland did.  HOWEVER, their lawyer (in my opinion) actually DID HIS JOB - and this is the letter that i reference, and included, in my second correspondence.  his letter was lengthy and thorough, and includes the following points :

• The current state of judicial interpretations of the RTFA supports their position, generally, with a caveat.  Those judicial interpretations are Charter Township of Shelby v Papesh... and Papadelis v City of Troy...
• The foregoing confirms the generality of the ******'s underlying claim of conflict between the Zoning Ordinance and RTFA.
• Currently, if a property owner such as the *******s seeks the benefits of the RTFA it is incumbent upon them to do so with the intent to produce a profit.  If they do so, they will have the protection of the RTFA without amending the Zoning Ordinance.

hmmm...so he referenced the same court cases i did....and acknowledges that there is a conflict between the ordinance and the RTFA....and says that if their farm is commercial it is protected (he specifically states to make a profit - here's where i disagree...there is no court precedence that the farm has to be profitable, just commercial....)  so...they get to keep their chickens...because the township's lawyer did his job.

and me.  guess i'll keep fighting.

on to the next step...

the coach

it's the job of a parent, i think, to expose your children to new things...encourage new experiences...and support them in finding what they like to do in life...

we have struggled a bit with getting lilly to try things that are out of her comfort zone.  she gets very comfortable, and change stresses her out sometimes (so evidenced by tears the last two times we've changed dance studios). 

for the most part, she has a great social life, and devotes time to dance and theatre, but not much else.  the other kids have some athletic endeavors, and they haven't appealed to lilly much.

there's a 4th and 5th grade city-wide track meet...and in 4th grade, lilly dismissed participating immediately.  (she did the same for the 1 mile fun run for 4th and 5th graders, too...) but then 5th grade came...and the 1 mile fun run could meet part of her gym class requirements...so she did it.  and then came the city-wide track meet.  and we encouraged her to give it a go...and she did.  and with very little training or practice, she ran...but more importantly, she placed 7th in the city in the high jump!

spring forward to 7th grade when middle schoolers can now participate in school-sponsored sports (which is kind of ironic, in that the sports program is run by the local community center).  lilly has struggled with the 'big picture' of her middle school at times - she has a few close friends, but she dislikes the masses.  she doesn't like that they wear so much makeup and try so hard to be popular.  and she doesn't like that they swear.  and really, i'm glad she doesn't like those things!

and when the notes came home that track was starting, we encouraged her to give it a try.  perhaps expand her circle.  but she said some of 'those kids' run track.  with some encouraging words, she agreed to step out of that comfort zone and give it a try (and realized after talking to a few of her best friends, that they were actually doing track, too...)

i was nervous for her when it came time to address the practice and meet schedule with her coach.  lilly was already committed to dance one night a week, as well as nearly 2 weeks off from school for vacation and to work at 'my' convention.  when i made the coach aware, i was very delighted with her response that she would work with lilly on whatever she could do.

and so she started practice.  and she started running on the treadmill at home.  and it rained ALL THE TIME, so even when she was practicing, it wasn't necessary the kind of training she needed for the events she wanted to run.

and she's never really run before, and it was a challenge. and then we left for spring break.  and she missed several practices.  and then she missed the first meet.

when we returned, there was a meet that very day. and since lilly had been absent, she sat with her coach to discuss a game plan, and to learn to take stats at this meet, until they could determine what she could run at the meet 2 days later.

coach gigi. 

and finally, yesterday...her first meet.  i know she was nervous.  she had no idea what running those events would be like.

i sent her a good luck text while she was riding the bus to the meet (disadvantages of 4 kids...missed her first ever track meet....) 

and here's where the story gets good (thanks for reading this far...)

she ran her first event.  800 meters.  and then sent me this text:

I got about 3:21 in the 800....only 2 people finished after me

"Okay...it was your first time - I'm sure you did great!" I responded.

 and here's where it gets priceless:

In the second lap i was dead tired but kept me going was quarter of the way through coach gigi yelled out, come on lilly almost there you can do it don't give up...that really gave me much needed boost

i'm teary-eyed reading it again.

"Good! That's what coaches are for!" I type.

I know...I need to thank her 4 it later

she had one more event to run.  the 400  meters.

400...1.20... last place :(

"Last place doesn't matter - just try to be faster next time :)"

Only got last place by about an inch.

and that made me smile.

she got home and recanted some of the stories, and said that she did thank coach gigi after her last event.

today...at practice...coach gigi told lilly that when she thanked her, it was the nicest thing anyone has ever said to her as a coach.

i think coach gigi, much like many other coaches and  teachers, know they're making a difference in the lives of these kids, but almost never hear it.  i'm very glad that mine can see, appreciate, and share thanks with them, even if it's only a rare occasion.

i know coach gigi will keep cheering lilly on.  and maybe lilly's words will help coach gigi when she's dead tired, too.  i'm certain she deserves it.

the show must go on...and on...and on...

for my family and friends that aren't on facebook :)

Midland's Cara Baker leaps from 'Avenue Q' to 'Anne of Green Gables'

By Sue White | For MLive.com

   

MIDLAND, MI – Life was interesting for a few weeks for Midland’s Cara Baker, juggling the closing performances of the adult-themed “Avenue Q” with the development of the Peanut Gallery production of “Anne of Green Gables.”

“During the auditions, there were a few times I wanted to tell the squirrely middle-schoolers, ‘You, sit down! Be quiet!’” she said, breaking into her controlling Christmas Eve character from “Avenue Q.”
But with her full attention now on directing the classic tale of the headstrong Canadian orphan opening Thursday, March 21, at the Midland Center for the Arts, “it is challenging,” she said of her directorial debut, “but that’s good.”

It also caps a season she calls her international Center Stage Theatre tour, first playing the German Mrs. Gloop in “Willy Wonka” and then an Asian woman in “Avenue Q” before heading for Canada’s Prince Edward Island.

   

 As Christmas Eve in Center Stage Theatre's "Avenue Q," Cara Baker played to an entirely different audience than she targets in "Anne of Green Gables."

 

Baker has a tour guide in co-director Peter Brooks, who coached his own daughter in “Anne of Green Gables” 15 years ago, just as she leads her daughter Lilly in her cast of 24. Liz Doerr of Saginaw has the title role; Lilly plays her best friend Diana.

“Our cast is made up of sixth- through eighth-graders and that’s an interesting age,” Baker said. “It takes a certain kind of person to do this, someone who wants to be there.

“I’m learning how to make it look good. That’s my responsibility. I know what I want and I’m learning how to get it there.”

A self-described stage-mom, “I’ve been in a production with my two older girls before but this is really fun,” she said. “My daughter recognizes us as directors and she’s forced to stop and listen to what we have to say.

Some actors must adopt the walk and talk of much older characters and others, such as the frisky Anne, must age in the course of the production, from a free-spirited orphan to a college graduate and fledgling teacher.

“We’re at crunch time now, with everything moved to the stage,” Baker said. “Now they understand why we pushed them so hard to learn their lines; they can focus instead on doors that open a different way than they thought and all the other things that come with a set.”

Next comes costumes and make-up, “and there’s a whole new excitement each time we introduce something new,” she said. “”Now it’s all about putting cheeks in the seats. It’s a matter of opportunity.”

“Anne of Green Gables” begins at 7:30 p.m. March 21, 22 and 23 and 3 p.m. March 23 and 24 at the Midland Center for the Arts, 1801 W. St. Andrews. Tickets, available at the box office, by calling 800-523-7649 and online at mcfta.org, cost $12 for adults and $8 for students.

An activity guide for young theatergoers is also available at mcfta.org.