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.

pif #21

another great example today of the kids making a concerted effort to pay it forward every day...

it was the christmas party day in porter's classroom....they got to watch the grinch, while munching on popcorn...and popcorn in the hands of 27 third graders can be a bit....messy.

porter and his friend used their "finger vacuuming" skills to help clean up!

pif #20

oooo - holiday season shopping at Target....need i say more?

once again, the girls and I were out shopping...finally finish making our selections and head to the backed up checkout area. it's not that our cart was full...but we were in target...right before Christmas...so, we had a few items, to say the least..and the kind woman behind us had 2 items...packaging tape and a roll of plain brown paper. my powers of deduction lead me to believe she is lovingly planning to mail a package to a loved one for the holidays.

so, in the spirit of the season and for a pay-it-forward, i told the cashier i would pay for her things, too. so the cashier reached to ring her things up with mine, and the woman behind me started to stop her...i remarked that i was paying for them....

I almost needed to pick the woman up off the floor! she thanked me profusely and asked me why...my response mostly was "why not?" and "merry christmas".

she thanked me again.

while I was completing my purchase, the cashier handed the woman her items, while the girls loaded our cart. I signed for everything and headed to the door ....only to see the woman waiting at the door to thank me again.

I probably spent less than $10 on her items...and in the scope of my purchase, it was negligible. but to her...it was clearly worth way more than that. and that's what pay it forward is about!

pif #19

when we listed our house for sale awhile back, we hired someone to come clean it on a regular basis, to help us stay "showing" ready. and the house came off the market, and we kept her cleaning, just not as frequently. always willing at the last minute, and regularly reminding me that it might be time for her to come again...she maintains my sanity through her cleaning. so, for our pay-it-forward today, i gave her a little bonus.

i think it's a nice gesture to remember to pay it forward to the people in your life, whom you depend on...and not take for granted.

pif #18

sometimes the easiest option for dinner is to grab and go....we often choose subway when the need arises, as it allows us to pick a "healthy" option, but also a cold one, for kids who aren't all home at the same time to eat.

I was picking up subs for the kidlets for dinner and there were a couple of ladies in line behind me....there were two college-aged girls together behind me, and a third woman behind them ...the younger girls were having a bit of debate about the sub specials and which subs were the $5 footlongs, and how much combo meals cost....well, I haven't had to worry about that sort of thing for awhile..so a pay it forward opportunity was clearly at hand...so I bought the subs of all three ladies in line behind me and went on my merry way.

pif #17

we tried to stress to the kids that lending a helping hand embraces the "pay it forward" concept...Molly said that she met our daily challenge by helping put away extra equipment after her gymnastics class!

pif #16

i took the older girls with me to kohls today....it is the holiday shopping season, so i'm sure the staff is a little worn down and tired of the bargain hunters and crazed shoppers...

so, to show a little bit of appreciation and support, the girls removed the hangers from all the clothing items we were purchasing...I even mentioned to the cashier that we were sorry there wasn't something more we could do to help, and she said was thrilled with the hanger help, saying it actually meant a lot to her that we thought to do that!

pif #15

today was the annual youth choir concert....there is nowhere else in this country (truly) where my 9 year old, 10 year old and 13 year old can sing the "halleluiah chorus", in classy uniforms, on a professionally decorated, lit, and micro-phoned stage, with an orchestra accompaniment and paid directors.  what an amazing opportunity we have here - not only to participate, but to sit in the audience.

i am grateful for the support the the program gets, not just from other parents, but those that choose to attend the concerts just for the benefit of attending. 

as our pay it forward today, i purchased 2 tickets for the next folks in the ticket line.  i hope they will continue to support the program and the midland center for the arts!

pif #14

lilly's school is having a "penny war" this week, to raise money for the salvation army. there are four teams - 6th grade, 7th grade, 8th grade, and the staff.

the premise is that pennies count as positive points for the team, whereas other coins and bills are negative. lilly gave some cold hard cash to her dad, to have it traded in for pennies during the daily bank run, to help positively influence her team.

we liked her choice to donate, as well as to do it in a positive fashion (vs. putting a bill in her opponents' jars).

paying it forward 5,000 pennies at a time!

pif #13

i was overwhelmed by the support i received after launching the "baker cakery" this week... i received my first order within hours - from a dear friend that had an aching back, but needed three dozen cookies for a cookie exchange...given her circumstances, and for being my first customer, her delicious filled butter cookies were complimentary.

what a yummy way to pay it forward!

pif #12

our after school routine is often madness and chaos...especially when a *new* activity pops up...which is what happened this week, when i had about three different places to be at the same time...

but, one part of the kids' participation in the youth choir that they like the most, is the trip to the nursing home to sing.  they don't always get to go, for a variety of reasons (some on our end, some on choir planning end...) and this week was one of the days when a trip was scheduled, but it looked like the schedule wasn't going to permit it.

well, with a little poke and prod from the director :) and a re-arranging of transportation, porter did our pay-it-forward today by joining his choir at a local nursing home to sing.

(on a funny side note, he asked why, when they were singing right before dinner, was it so early in the afternoon...)

pif #11

i have a dear friend that is unable to drive, and needs transportation for her and her children on a regular basis. she has a great entourage of folks from her church that usually cover this need...but today, she presented our family with a "pay-it-forward" opportunity...

she needed a ride to and from the middle school band concert (her daughter plays in the same band, even the same instrument as lilly) baker family on duty! i provided the ride there, as Jason was able to drive them home!

pif #10

a simple gesture, but one that pays it forward...

the kids have chores, of course...sometimes done without complaint...sometimes not.

today, maya paid it forward to lilly by doing her "dog chores" for her!

miss matched

so i pretty much wear miss matched socks every day.  every. day.

and they are the 'little miss matched' brand socks...so i really have no two that are the same...so i couldn't match if i wanted to...

and one would presume that if you're 'free-spirited' enough to wear miss-matching socks, you wouldn't give much care to what they actually are.  except, you see....i'm a first-born, STRONG type-A personality with some degree of OCD....

so i coordinate my miss-matching.  i like to miss match - and the socks make me happy - but i'm only so crazy and have to have the two socks coordinate with each other, and with my outfit.

and, not only that....but, you see....i always pick one sock that makes me happier than the other.   and i put it on my right foot.  you know...cause i'm right-handed.  that only makes sense, right?  (who thinks like this??  do i need therapy!??!?!)

well...i'm working on my own level of therapy.  (much like my aversion to the use of paper towels and ziploc bags, which i now use freely, without fear....)

i picked two coordinating socks.  one 'happy' and one 'happier' - and i put the happier one on my left foot.

 

 

take that, polka dots.

pif #9

the girls and i were out and about at a few stores today, and found an opportunity while we were in the checkout at meijers.

i remember awhile back, another mom and her young sons were in the self-checkout behind me, and the mom asked if the boys could help bag my groceries - she said they're experienced and love to help.

who am i to turn that down (despite my ocd-nature with how everything is done, including how my groceries are bagged....when it's my own kids, they get a lesson...when it's someone else's, they get a THANKS!)

SO - i'm in the self-checkout with the girls...very experienced baggers...and i say "hey!  here's a pay-it-forward' opportunity!  ask the gentleman in front of us if he would like help bagging his groceries!"

(i like this idea for several reasons - one - doesn't cost money.  two - the kids remembering that they are a part of this project!)

the girls step forward a bit and politely ask him if he would like assistance (a man, by himself, i'd say roughly 30 years old...)  "no thanks, i'm all set..." 

doh.  failure.

the girls were kinda taken aback.  i remind them that some folks are very particular (aka - their mother) and it's okay...we'll just keep asking til we get a taker!  (then, of course, all i could think was that guy thought i was impatient and just wanted to make him go faster so that i could get out of their faster...which SO was not the case...perhaps if we'd had a quick 'pay-it-forward' explanation, he would have taken us up on it...but that kinda ruins the spontaneity for me, i think...)

so...we turn behind us...a 20-something woman, by herself.  the girls politely ask if she would like assistance.  a loud "sure!" and they got to work.

i headed out to our car to unload our cart of groceries, while the girls bagged for this kind lady.  they were quite efficient, and even loaded the bagged groceries back into the cart before joining me outside - regaling stories of how the woman commented about how great they were.

pif mission #9: accomplished.

pif #8

we lost our beloved dog max in october, after he had been a member of our family for over 11 years (hard to believe a bouvier can live that long - especially knowing that we got him when he was 2!)

we've almost always been a two-dog family...and it just felt like kennedy was a little bummed without another friend in the house (and, of course, i was, too...) as regular donators to the humane society here, i kinda keep track of who's coming and going (or more importantly, who is NOT going) and have been trying to find a suitable family member....

after a couple of failed attempts this week (our humane society is so popular, they literally announced today that they are out of adoptable dogs!)  i expanded our search to mt. pleasant and bay city, and found a couple of contenders at the bay county animal control....so saturday morning, we all piled into the van to see if we could meet a new friend!

we visited with a big black lab - he was a little too big, and really not interested in us at all.  then we visited with a 6-month old black lab mix...she was too little, and WAY too interested in us!  and then....we found one that was just right....she is a 3 year old german shepherd mix, who appears to be pretty well trained, interested in us, but not hyper.

we have named her Magee...after the 'head' elf in Disney's "prep and landing" christmas specials (if you haven't seen them, you are missing out!)

we definitely paid-it-forward for her (she was NOT in a no-kill shelter) and she is paying it forward to us!

pif #7

well, this one was kinda easy and fun...

we like to decorate for the holidays, especially Christmas....inside and out. and when my grandparents passed away, I 'inherited' a box of 'vintage' Christmas crafties....and so I opted to use some of them to decorate a wreath as a surprise enhancement to a friend's house (and, I actually used some others to decorate one of our small trees, and have plans for another wreath, but I digress....)

jason purchased the wreath (we opted for one that could be used again, as opposed to fresh...) and I went to work...

and then we told the kids the plan....we piled into the van, in the dark, of course, to make the secret delivery...

we drove across town, enjoying light displays along the way, and pulled into the driveway (curtains were drawn - SCORE!) i hopped out of the van to sneak to the front door - holy smokes, I don't know who built this house, but I suddenly realize I might be a little short for this mission....I struggle trying to get the wreath hanger over the door and its banging like crazy and I'm CERTAIN someone inside is going to hear me and catch us in the act...

finally, SUCCESS - and I race back to the car, I hop in and DANGER, WILL ROBINSON - we've been spotted! the kids and Jason and screaming "go, go, GO!!" and we sped away thru the streets....

good times.