What Does WMU Really Want the Colony Farm Orchard For?

By rbrewer | Published: January 2, 2010

DSCN1951The Kalamazoo Gazette for Wednesday 30 December 2009 had a front-page article with the headline “Bill to allow WMU business park expansion is on governor’s desk.” In it we learned that “WMU leaders hope to expand the Business Technology and Research Park to the 55-acre Colony Farm Orchard property….”

But do they?  WMU has claimed that it wants and needs the Colony Farm Orchard for such expansion and has repeatedly implied that this is what it will do with the land.  Furthermore, its lobbyists and other spokesmen have sold House Bill 5207 to the legislature and the governor by claiming that it is a jobs bill.  Passing it, they say, will allow WMU to create jobs and fuel economic growth with an expanded BTR park.

The whole process has been a commentary on how WMU and Michigan–and perhaps other universities and states–have lost their way.  WMU could use the land for education, for research, for service–the three touchstones of a university’s role in our society–without any need for shenanigans in the legislature.  Instead it ignores these public uses and stakes its claim on job creation and feeding the local private economy.

The “This-park-grows-jobs” hot air has, in fact, been a successful ploy.  Some legislators may have believed the claims, and some that didn’t may have concluded there was no political risk to going with the flow.  Both houses of the legislature passed HB 5207 by large margins.  The bill is awaiting the governor’s attention.  We may soon learn Governor Granholm’s reaction, or we may not; it’s possible she may let it become law without signing it.

HB 5207, of course, has nothing to do with jobs or with a BTR park.  What it does is strip a legislatively imposed restriction from the Colony Farm Orchard, land bought with tax-payer dollars.  The 1977 conveyance from the state provides that “Western Michigan University may utilize the property solely for public park, recreation, or open space purposes, except that the legislature, by statute, may authorize Western Michigan University to utilize the property for some other public purpose.” HB 5207 written for WMU and introduced in the House by Representative Bob Jones (D-Kalamazoo) requires the state to buy the Colony Farm Orchard from WMU for $1, remove the restriction, and sell it back to WMU for $1.

As introduced, the bill included a new restriction that required WMU to use the land to expand the BTR park and provided that in the event of activity inconsistent with this restriction the state could take the land back.  But when the bill came out of Representative Jones’s committee, that language was gone.  The only restriction remaining in the bill sitting on the governor’s desk is that any arrowheads or other aboriginal antiquities that are found belong to the state.  In other words, if the bill becomes law, WMU can do anything it wants with the land.  It does not have to be used for a BTR park; it does not have to be put to public use.  It can be used for anything.

DSCN1947Based on WMU’s rhetoric, a restriction that the land be used to expand the BTR park  was quite logical.  Its quick disappearance is one line of evidence suggesting that WMU does not plan to use Orchard this way now, if it ever did.

WMU’s language about its plan for the Orchard has always been fuzzy. The Colony Farm Orchard and the glorious achievements of the BTR park have regularly been mentioned in the same breath, but in retrospect the absence of a firm connection is striking.  At no time have we heard WMU say, “When the restrictions are removed, we will expand the BTR park onto the Colony Farm Orchard”.  Here are a few quotes from WMU administrators:

Bob Miller, 24 February 2009, “The BTR has been a wonderful success, and we are looking at a possible expansion. No decisions have been made. The Orchard property… is an option. But at this point, it’s premature to even assign a timetable to it.”

Bob Miller, 26 February 2009, “There are no plans to develop that area [Colony Farm Orchard], but it is one of the options we are looking at…. I can tell you, should a decision be made to expand the Business, Technology and Research Park, we would come to you, to the entire community with our plans and share them. [But] we have none.”

John Dunn, 23 September 2009, “Our park is vibrant and full, and more than 1,300 jobs have been directly or indirectly created by its presence….We urge our lawmakers to vote for removal of the restrictions. Then, when the time is right in the coming months or years, we can move appropriately to expand our job-generating BTR Park.”

Why might WMU not want to expand the BTR park onto the Orchard land?  There are a number of possible reasons.  As many of us have pointed out, it has always been a poor choice.

  • For one thing, it’s too small. It might be big enough for three new tenants, but three lots are still vacant in the old BTR park and the temporary soccer fields could hold at least two more.
  • About a third of the Orchard site, the section where the fruit trees themselves are located, very likely has soil contaminated with lead and arsenic from the fruit-growing practices of the period from the 1880s through the early 1940s.  Development that involved excavating, grading, or other soil disturbance would probably require expensive remediation–hauling off several inches of top and subsoil to a toxic waste dump and bringing in clean replacement soil.
  • Michigan State University has a lease on the land allowing it to conduct experimental research on pest insects.  WMU is proposing to buy MSU out over a period of three years for up to $985,000.  Why WMU negotiated such an unfavorable deal is one of many puzzles in this process.  As far as I can tell no one in the WMU administration asked any of the professional entomologists or ecologists on the faculty to look into the experimental pest insects research.  For example, is there still an experimental component to whatever MSU is doing there?

The Colony Farm Orchard is deficient for BTR park expansion in many ways.  Several alternative sites are larger, definitely uncontaminated, not the subject of a prior lease, and a better fit otherwise.DSCN1948

WMU’s talk about the vibrant, wonderful performance of the BTR park whenever the subject of the Colony Farm Orchard came up now looks–and smells–like a red herring.  What, I wonder, does WMU really have in mind for this 53 acres, its old apple trees and grape arbors, its bur oaks, red foxes, wild turkeys, and bluebirds.

There are probably still a couple of days to get your recommendation for the Colony Farm Orchard to the governor. Phone calls would probably be best, email next.

Contact information for Governor Jennifer Granholm:

Phone: (517) 373-3400
Phone: (517) 335-7858 – Constituent Services
Fax: (517) 335-6863

PO Box 30013
Lansing, MI 48909

Here is a link to an email citizen opinion forum.

Here is a link to the governor’s standard email.

Posted in Conservation, Michigan (including Kalamazoo) | Leave a comment

HB 5207, WMU’s Job Creation Bill Of 2021

By rbrewer | Published: December 23, 2009
Bur Oak tree with US-131 in the background, early winter, Colony Farm Orchard. Photo by Richard Brewer.

Bur Oak tree with US-131 in the background, early winter, Colony Farm Orchard. Photo by Richard Brewer.

The Michigan Senate passed HB 5207 Friday night 18 December, not long before adjournment.  The bill goes to Governor Jennifer Granholm, who will sign it or veto it.

Curiously, WMU’s lobbyists did not inform the Kalamazoo Gazette that the bill had passed the Senate. When the bill passed the House in September, Greg Rosine was on the phone to the Gazette within minutes.  Not until Sunday afternoon did the Gazette find out what had happened this time.

There were 30 Yeas and 1 Nay.  The yeas were (Democratic Senators in boldface)  Allen – Anderson – Gilbert – McManus – Sanborn – Birkholz – Gleason – Nofs – Scott – Bishop – Hardiman -Olshove – Stamas – Brown – Jacobs – Pappageorge – Switalski – Cassis – Jansen – Patterson – Thomas – Cherry – Kahn – Prusi – Van Woerkom – Clarke – Kuipers – Richardville – Whitmer - George

Cherry is Deb Cherry, Lt. Governor John Cherry’s sister.

Seven senators were excused and did not vote: Barcia – Basham – Clark-Coleman – Hunter – Jelinek – Brater – Garcia

The single nay was Alan Cropsey, a conservative Republican born in Paw Paw not far west of Kalamazoo, though now living in Dewitt and representing voters in that region.  His protest over the vote is quoted below:

“Years ago when the land was first transferred to Western Michigan University, it was understood that the land would be used as a green space for that area. I think that Michigan State University actually had it in such a horticultural state that they were doing different studies and research for agriculture and fruit farming on that property. It was understood that it would remain a green space.

“I find it ironic that after a couple of decades that now the use is being changed dramatically. Green space is going away. I just want this body to know that at least there is one true ardent environmentalist left in this august body who is going to stand up and speak out for the plants and animals that are so desperately needed in our urban centers.”

WMU has advertised the bill as a way of creating jobs, and probably many of the senators voting yes took WMU at its word.  The Senator from the Kalamazoo district (20th), Tom George, had made up his mind months ago, and the hundreds of messages he received from citizens didn’t change it.  When interviewed by the Gazette on Sunday, he said,  “I have to look at the big picture….Kalamazoo has another mechanism for attracting new jobs and growth.”

Other Senators, and Representatives before them, said much the same thing.  Probably no politicians, or any of the rest of us, are against jobs.  Many able and willing people are out of work in these hard times.  That’s why it’s particularly disheartening that WMU’s claim that removing the open space/public use restriction will lead to job creation at the Colony Farm Orchard rests on such shaky grounds.

It’s hard to evaluate WMU’s statements about jobs created in the current BTR park because the university provides little supporting data. “No supporting data” comes closer.  It is hard to tell, for example, how many of the current jobs among companies at the BTR were “created” by the park and how many were at employers that simply moved to the park from elsewhere in the region, or are new jobs but ones that would have ended up at some other site in the region except that the tax situation was better at a SmartZone site.

In his Gazette Viewpoint of 23 September 2009 President John M. Dunn stated that “more than 1300 jobs have been directly or indirectly created.”  Numbers of  jobs claimed by WMU fluctuate, but the usual quotes I’ve seen are 645-650 direct and 700 indirect.

In other words, the majority of the 1300+ jobs are indirect. There are various definitions of indirect jobs; roughly, they are new jobs outside the BTR park financed by money spent by park firms and their employees. As the Mackinac Center, a free-market think-tank in Midland, Michigan, has stated, “Estimating indirect job counts is a subjective exercise, and econometricians and accountants with the best of intentions can produce widely varying figures, depending on their assumptions and estimation techniques.”

In the BTR Park, summer 2009. Photo by Richard Brewer.

In the BTR Park, summer 2009. Photo by Richard Brewer.

But all this is nearly irrelevant because, although WMU uses the job creation claim as justification for removing the Colony Farm Orchard’s protective covenant, WMU has repeatedly said that nothing is going to happen at the Orchard site soon.  Most statements have said that the reason for removing the restriction is so that WMU will be ready to spring into action when the BTR is actually full. Currently there are three unsold lots (as has been the case for quite a while), two or more vacancies in already constructed buildings, and a 20-acre soccer facility that is supposed to be converted to BTR park use.

The figure I’ve heard most often from WMU vice presidents is that it would be three years before development would begin, which corresponds to the time said to be needed by Michigan State University to switch their pest insect research elsewhere. Hence, the earliest jobs created at the new BTR Annex on the Orchard property would come on line somewhere around 2013.  Kalamazoo will still need jobs in 2013, unquestionably.  But the compelling need is now.

As everyone knows there are plenty of other suitable sites for a BTR park expansion–if a demand for more BTR space actually exists. WMU owns nearby sites that have no restrictions and no existing MSU lease for pest research.  For that matter, most of them probably have no lead and arsenic contamination as the Colony Farm Orchard very likely has. And, of course, there are city of Kalamazoo brownfield sites that once were contaminated but have been remediated and would be ready to roll when, as, and if there were occupants ready to move in.

Many other features make the Colony Farm Orchard an inappropriate place for expansion of the BTR park. We’ve mentioned the possible soil contamination. The fact that the Colony Farm Orchard deserves permanent protection in its own right and as a functional part of the Asylum Lake Preserve are two more.  The list goes on, but let me mention just the small size of the Orchard property.

Subtracting the land occupied  by the Consumers Energy substation, perhaps 53 acres are available.  The current BTR park is 265 acres.  On this acreage 650 jobs have been accumulated.  This occurred from approximately 2001 to 2009, roughly eight years.  We can get a ballpark estimate of how many jobs might be expected from the development of the Colony Farm Orchard from the proportionality X jobs/650 jobs = 53 acres/265 acres.  I make it 130 jobs, starting from 2013 (that is, in three years) and running to about 2021 (8 years).

It’s worth remembering that most of the time from 2001-2009 was one of the greatest financial booms (or bubbles) in American history, so it could be that 130 jobs for the Colony Farm Orchard parcel in 8 years is too optimistic.

One hundred-thirty jobs is one hundred-thirty jobs, well worth having, nothing to sneeze at.  But consider all the work needed to put this land in condition to develop–bringing in all the utilities, cutting down the trees and otherwise clearing the land, testing for and probably having to remediate lead and arsenic contamination (the remediation consisting of removing several inches of soil within the orchard itself, taking it to a toxic waste dump, and bringing in clean soil), engineering a storm water system, meeting other environmental considerations as strict as–or very likely stricter than–at the original BTR park.  And so forth.

Perhaps picking a larger site with a larger future carrying capacity would be a better idea.  Perhaps a site where some of these problems did not exist or had already been solved would be better.

What will Governor Granholm do? WMU’s This-bill-creates-jobs rhetoric fooled at least some of the Senators.  It’s possible that some weren’t fooled but thought that going along with the dubious claims wouldn’t hurt them; after all, they were voting for job creation.

What will Governor Granholm do? She has a chance to strike blows for keeping promises, for upholding covenants that protect open space and public use, a chance to save land that very much deserves saving.  She has a chance to say to all of us that government and universities should not operate by hiding information and dispensing misinformation. She can strike a blow against cynical manipulation of the public and, for that matter, of the legislature. And in so doing,  she will be striking a blow for conservation, for the environment, and for sustainability.

Contact information for Governor Jennifer Granholm:

Phone: (517) 373-3400
Phone: (517) 335-7858 – Constituent Services
Fax: (517) 335-6863

PO Box 30013
Lansing, MI 48909

Here is a link to an email citizen opinion forum.

Here is a link to the governor’s standard email.

Posted in Conservation, Michigan (including Kalamazoo) | 2 Comments

Senate Passes HB 5207; Governor next step

By rbrewer | Published: December 22, 2009
Sticky trap for insects possibly the property of MSU, Colony Farm Orchard, spring 2009. Photo by Richard Brewer

Sticky trap for insects possibly the property of MSU, Colony Farm Orchard, spring 2009. Photo by Richard Brewer

Friday night, 18 December 2009, between 10:30 and 11:00 PM, not long before adjournment, the Michigan Senate passed HB 5207, which would strip the open space/public use restrictions from the Colony Farm Orchard land, allowing Western Michigan University to put it to any use.

Most of the senators voting yes probably bought WMU’s claim that passing the bill would create jobs by using it to expand the BTR park. If it would, none of the jobs would come on line until at least 2013, since any expansion of the BTR park would occur after the current park is full. It still has three unused lots, at least two vacancies, and the temporary soccer facility of 20 acres.

I’m working on a longer post, but it’s worth pointing out now that the next step is for the bill to go to Governor Jennifer Granholm, who will sign it or veto it.

For those interested in commenting on the legislation, here is some contact information for the governor.  It’s likely that there is time to reach her by any means including US Postal letters but the sooner, the better. Phone calls, letters, Faxes, and emails are all useful.

Contact information for Governor Jennifer Granholm:

Phone: (517) 373-3400
Phone: (517) 335-7858 – Constituent Services
Fax: (517) 335-6863

PO Box 30013
Lansing, MI 48909

Here is a link to an email citizen opinion forum

Here is a link to governor’s standard email.

Posted in Land Trusts (& other private land conservation), Michigan (including Kalamazoo), Uncategorized | Leave a comment

Conservation Values of the Colony Farm Orchard, Kalamazoo County, Michigan

By rbrewer | Published: December 16, 2009

The following is approximately what I said in my brief remarks at the Save the Colony Farm Orchard Rally last Tuesday night, 8 December 2009.  I have, however, expanded on my thoughts under point 3, adding a consideration of conservation easements.

We need to recognize three aspects to the conservation value of this piece of land.  One is what’s good about the land itself.  Two is its beneficial effects on the adjacent Asylum Lake Preserve, which Western Michigan says is permanently protected.  Three is the broad question of how the conversion of this dedicated conservation land to commercial use affects the status of conservation land all across the state.

Apple tree in old orchard at the Colony Farm Orchard. Photo by Richard Brewer

Apple tree in old orchard at the Colony Farm Orchard. Photo by Richard Brewer

1. The Land Itself. Although this land has been referred to as the Colony Farm Orchard, the old orchard amounts to only a quarter or so of the approximately 53 acres. The fruit trees are surrounded and in some cases overrun by grape vines.  Box-elder is a common invading tree in the orchard.

The rest of the property is varied habitat with a couple of sizable wooded areas at the north and south ends.  Grasslands dominated by smooth brome grass and goldenrods with invading shrubs and trees surround the wooded areas and the orchard.  The land of the wooded area at the north runs down to a springy area with a couple of ponds.

One part of the conservation value of this piece of land is what used to be here.  The east edge of Genesee Prairie, one of the eight tall-grass prairies in Kalamazoo County, extended to the Orchard site.  This is now the only part of Genesee Prairie in public hands and with any approach to natural vegetation.  The rest is gone, beneath US-131 or occupied by the west edge of Western Michigan University’s BTR park and commercial and residential areas and croplands west of US-131.

It’s unlikely that much of the original prairie flora is left at the Orchard site.  However, there are still bur oaks–a good many, some fairly large and old, others young.  They are all almost certainly descendants of the bur oaks that were part of the savanna fringing this tall-grass prairie. They are a genetic connection extending back 180 years to when the first settlers arrived to homestead on the prairies and savannas of Kalamazoo County.  But the connection extends back much further than that, to long before Europeans reached Michigan or North America, probably to some time in the Hypsithermal interval around 9000-6000 years ago.

Goldenrods, old orchard in background. Photo by Richard Brewer.

Goldenrods, old orchard in background. Photo by Richard Brewer.

As for animals, we know from various sources that there are coyotes, deer, turkeys, woodcock, Red-tailed Hawks, Green Herons, and many smaller birds in the summer or year-round.  I will shortly put up a list of summer bird species that several observers are supplying.  The spot also has all the attributes of an excellent migratory stopover site for land birds in both spring and fall.  As to the small mammals, reptiles, amphibians, insects, I think it may be time for WMU to fund a serious study to find out just what is here.

2. Benefits to Asylum Lake Preserve. The Colony Farm Orchard is properly part of Asylum Lake Preserve.  From the edge of the Preserve vegetation to the edge of the Orchard vegetation is about the same distance as between third base and home plate on a baseball field. The Orchard makes the preserve a larger sanctuary by about 20 percent.  This is good; bigger is better in sanctuaries, mainly because local extinction of species is rarer on bigger sanctuaries.

We could also think of the Orchard as an island near to the Preserve. It serves as a stepping stone that wandering animals not currently living on the Preserve can find and, from there, reach the sanctuary.  The end result of all  this is that the Orchard makes the Asylum Lake Preserve more diverse and less prone to fluctuations in populations, hence more stable.

Bur oak at Colony Farm Orchard. Photo by Richard Brewer

Bur oak at Colony Farm Orchard. Photo by Richard Brewer

There are of course the other beneficial effects of buffering against the noise, noxious fumes, and bright artificial lights coming from US-131 and the commercial land beyond it.

3. Threats to Conservation Land Elsewhere in Michigan. The Colony Farm Orchard has a protective conservation covenant that many Kalamazoo residents now know by heart: “The conveyance shall provide that Western Michigan University may utilize the property solely for public park, recreation, or open space purposes, except that the legislature, by statute, may authorize Western Michigan University to utilize the property for some other public purpose.” The restrictions were placed on the land by the legislature at the time of its transfer from the state to WMU in 1977.  If Representative Jones (D-Kalamazoo) and WMU can persuade the legislature to strip away this restriction, as  HB 5207 provides, and if Governor Granholm signs it, WMU will be able to use the land for anything.  This land, bought with taxpayer dollars and now designated for public use–specifically some variety of public open space–would be available to use as an Annex to WMU’s BTR park.  But it could also be used any other way WMU chose.

If HB 5207 is passed and signed into law, what state or university land dedicated for conservation–or any kind of public use–is safe?  What of the state parks? What of the arboretums, botanical gardens, and natural areas of the rest of the Michigan public universities?

What, in fact, of conservation easements?  These are now the most popular way to protect land in perpetuity, widely used by land trusts and government agencies.  They are discussed in many places in Conservancy: The Land Trust Movement in America but especially chapters 7 and 8.  Very briefly, a conservation easement is a binding agreement that permanently restricts the development and future use of land so as to protect its conservation values.  Conservation easements are held by conservation organizations or units of local, state, or federal government.  The easement holders are charged with defending against violations of the easement provisions. As of 2005, land trusts in Michigan held conservation easements on about 55,000 acres.  The amount of land in conservation easements held by government agencies is hard to determine but substantial.  Conservation easements are a relatively new way to conserve land, rarely used before 1960. Most states have statutes providing the legal foundation for conservation easements; Michigan’s is Act 451 of 1954, called NREPA.

But we have seen what the state legislature, or the House at least, has done with statutes in the case of the Colony Farm Orchard.  Suppose some well-connected land owner found that a conservation easement held by some land trust had become inconvenient to him.  Might the Michigan legislature be willing to pass a statute saying the conservation easement on his land was rescinded?  Maybe, maybe not.  Suppose that this situation came up two or three times.  Might the Michigan legislature decide that NREPA as currently written was becoming an unnecessary burden to worthy land owners who had changed their minds about the easements on their acreages.  In that case, might the Michigan legislature amend the statute to make backing out easier–like, for example, by coming to the legislature with what seemed like a good argument, such as using the land to create jobs?  Maybe, maybe not.

The land owners might still have a few hurdles remaining, with the IRS for example.  But that’s what attorneys and accountants are for.

If the legislature did either of these things, a judge or two or more would decide whether what the legislature did was legally OK.  Probably the judges wouldn’t say whether it was right or wrong or how much it damaged the cause of land conservation.

It is a dangerous path that Representative Jones and WMU are trying to steer the Michigan legislature towards.

Posted in Birds, Conservation, Land Trusts (& other private land conservation), Michigan (including Kalamazoo), Plants and Plant Communities | 1 Comment

A good time was had by all at the Save the Colony Farm Orchard Rally

By rbrewer | Published: December 10, 2009
Chelsea Thorpe of the SSE and Sherry Sims, Secretary of ALPA. Photo by Katy Takahashi.

Chelsea Thorpe of the SSE and Sherry Sims, Secretary of ALPA. Photo by Katy Takahashi.

The Save the Colony Farm Orchard Rally sponsored by the Asylum Lake Preservation Association was held Tuesday evening 8 November in Van Deusen auditorium at the Kalamazoo Public Library.  ALPA vice president David Nesius said that 53 people signed in and his total head count was 67.

One highlight of the session was a screening of Matt Clysdale’s fine documentary film “The Colony Orchard: Here We Go Again.”  The Here We Go Again refers to the fact that this all played out once before in the early 1990s, when Western Michigan University tried to include the orchard property in an earlier stab at a business park.  WMU was beaten back then, but the current attempt has yet to play out, so the film will need a second act, for which Matt continues to assemble footage.  (Contributions DSCN1928[non-deductible] to support the effort would be gratefully accepted.)

Curiously, in the filmed interview with Bob Miller, a WMU vice president well known for his conversations with the Asylum Lake neighborhood groups, Miller seems to be denying knowledge of the earlier conflict. That’s my impression; you can judge for yourself by watching the film on You Tube.

The film provides a quick and painless way to get the essentials of the current attempt by WMU to strip away the open space/public use restriction on the orchard, seemingly as a prelude to using it to expand its existing BTR Park. Included is the developing realization of WMU’s intentions and the early stages of the opposition to it.  This film was completed about the end of September.  The only updating really needed at the moment is that the original version of HB 5207 said that WMU was required to use the land to expand its BTR park.  That restriction is gone in the bill that reached the Senate.  Now, if the bill should pass, WMU can use the land for anything.

Amy DeShon, President of ALPA. Photo by Katy Takahashi.

Amy DeShon, President of ALPA. Photo by Katy Takahashi.

The other highlight of the evening was the opportunity for attendees to ask questions and get answers to them, mostly from ALPA president Amy DeShon, but occasionally from others involved with planning the event and also from other members of the audience.  I didn’t count, but there must have been forty questions, plus as many comments in which attendees shared their ideas of what was happening and what ought to be done.

We heard a little about what the affected neighborhood groups are thinking and doing. Several students from the Students for a Sustainable Earth (SSE) at WMU were there.  They have adopted the Colony Farm Orchard question as a project.  Co-chairman Andrew Weissenborn told about their activities, some of which are listed on the Save the Enchanted Forest group page (under Events, on the left, and on the Wall) on Facebook).  Their hard work was warmly received.

Just after the film, I spoke for five minutes or so on the conservation values of the Colony Farm Orchard.  I was glad to have the opportunity to talk to somebody about conservation values, because WMU seems to find the subject uninteresting. When the subject of conservation comes up, they talk about what great things the BTR Park has done.

I don’t know yet how much media coverage the event got, but WMUK, the

Larry Ross of the Winchell Avenue-Oakland Drive Neighborhood Association. Photo by Katy Takahashi

Larry Ross of the Winchell Avenue-Oakland Drive Neighborhood Association. Photo by Katy Takahashi

NPR station at WMU in Kalamazoo had a story on the early news Wednesday morning during Morning Edition.  I think it was good, but I wasn’t quite awake when it came on.  This was not, however, WMUK’s first coverage of the matter.  In September, they had a story about the House Commerce Committee passing the bill.

The Kalamazoo Gazette ran a front-page  article Wednesday by Paula Davis, who has covered the topic since it first came up.  Kalamazoo AM radio station WKZO also had a very brief story on the rally.

Another useful feature of the meeting was a hand-out sheet on what supporters of retaining the orchard property as public open space can do.  The version at the meeting by Lad Hanka was crisp and punchy.  I couldn’t quickly get it into this post, so I had to fall back on the following version.

What You Can Do
to Save the Colony Farm Orchard (=Enchanted Forest)

The bill passed the House after being introduced by and has been reported out of the Appropriations Committee in the Senate with Sen. Tom George (R-Kal) voting for it.  The only Senator on the Appropriations Committee who voted against it was Sen. Liz Brater (D-Ann Arbor).  The Senate has delayed taking it up for two months, perhaps partly in response to hundreds of calls and letters; however, it could be brought up at any time.

Contact key players in state government and educate them about the facts and your position on the stripping of restrictions from the Colony Farm Orchard in Bill 5207. Ask them either to keep the bill from being considered or to amend it to remove the section on the Colony Farm Orchard.  Ask them to vote against the bill if the Colony Farm Orchard provision remains. Phone calls, personal visits, and letters sent through the mail are most effective; however e-mails are also useful.  P.O. Box 30036, Lansing, MI 48909-7536 is the US Postal Service address for all Senators.

Senate Majority leader Mike Bishop controls the scheduling of bills. 517-373-2417. Senator Alan Cropsey, majority floor leader, works closely with Bishop in scheduling votes.  517 373-3760.

Senate Minority leader Mike Prusi should know how strongly the citizens of the Kalamazoo area feel about the bill. 517-373-7840 (Toll Free Phone Number: 866-305-2038).

Sen. Tom George (R–Kalamazoo has said he supports the bill and trusts WMU to do the right thing. He declined to meet with ALPA recently, saying he might have time in January. Separately, he also declined to met with the student representatives of SSE.  As the Senator from this district, the position he ultimately takes may be influential. 517- 373-0793.

Sen. Liz Brater has said she will oppose the bill. She deserves support.  517-373-2406.

Rep. Robert Jones (D–Kalamazoo) is the sponsor of HB 5207.  He could withdraw it or withdraw the section that involves the Colony Farm Orchard.  Let him know what you think. 888-833-6636.

Gov. Jennifer Granholm will need to make a decision to veto or sign  the bill  if it passes the Senate.  Let her know  your position.  517-373-3400, 517-335-7858.

WMU President John M. Dunn needs to be more aware of community sentiment than he now is:  john.dunn@wmich.edu, 269-387-2351, Office of President, Western Michigan University, Kalamazoo MI 49008.

Some WMU Board members may be somewhat isolated from Kalamazoo events. A letter or email to Board of Trustees c/o Secretary of the Board Betty Kocher, with the request that your complete message be distributed to every Trustee would probably suffice. Email: betty.kocher@wmich.edu

And it is still very much worthwhile to continue sending letters and Viewpoints to the Kalamazoo Gazette.  Go to   http://www.mlive.com/mailforms/kzgazette/letters/

DSCN1939

Posted in Conservation, Michigan (including Kalamazoo) | 1 Comment

Big Rally to Save the Colony Farm Orchard/Enchanted Forest

By rbrewer | Published: December 5, 2009

ALPA, the Asylum Lake Protection Association, will hold the first general public meeting for discussion of the attempt by State Representative Robert Jones (D-Kalamazoo) and Western Michigan University to remove conservation restrictions on the Colony Farm Orchard.  The restriction placed on the land when it was conveyed by the state to WMU through the efforts of Bob and Jack Welborn (both R- Kalamazoo) states, “The conveyance shall provide that Western Michigan University may utilize the property solely for public park, recreation, or open space purposes, except that the legislature, by statute, may authorize Western Michigan University to utilize the property for some other public purpose.” WMU has stated that it plans to expand its BTR park onto this land located in Oshtemo Township.

Downtown Kalamazoo Public Library, Site of 8 December 2009 Rally to Save the Colony Farm Orchard

Downtown Kalamazoo Public Library, Site of 8 December 2009 Rally to Save the Colony Farm Orchard

The meeting will be held Tuesday 8 December 2009 at 6:30 PM in the VanDeusen Room of the Kalamazoo Public Library (downtown Kalamazoo, 315 S. Rose St.).  Parking is available on nearby streets.  The program will include statements by concerned groups and individuals, a showing of Matt Clysdale’s documentary “Here We Go Again: Colony Farm Orchard” with new footage, a question-and- answer session, and information on how the concerned citizen can get involved.

Other Recent Developments

Something of the mood of the Kalamazoo public on the issue is shown by the Friday night (4 December) Viewpoint in the Kalamazoo Gazette by Holly Jensen. The Gazette headline was “Time to take a second look at donating to WMU.”

The Viewpoint takes a position against WMU selling the Orchard property to private developers.  It mentions an e-mail and letter-writing campaign by a WMU alum to other alumni and donors suggesting they reconsider future donations/endowments/bequests.  The article concludes: “Consider Scarlett O’Hara’s father’s conviction that land is ‘the only thing that lasts,’ because WMU has its ‘For Sale’ sign out.”

Another recent development that has come to my attention:  An attempt by ALPA to arrange a face-to-face meeting with Senator Tom George (R-Kalamazoo) was unsuccessful.  Senator George has stated his approval of the Colony Farm Orchard conversion and voted in favor of Representative Jones’s HB 5207 in the Senate Appropriations Committee.  The explanation for his unwillingness to meet with local citizens, either here or in Lansing, was that he was too busy.  It was suggested that ALPA could try again in January.

It may be of interest that the only member of the Senate Appropriations Committee who voted against HB 5207 was Liz Brater (D-Ann Arbor), who has probably the strongest record as a conservationist in either house.  Thanks to Liz Brater are in order from all those striving to continue the existing protection of the Colony Farm Orchard.DSCN3201

See you at the Rally!

Posted in Conservation, Michigan (including Kalamazoo) | Leave a comment

Colony Farm Orchard (= Enchanted Forest): Western Herald Wins Again

By rbrewer | Published: November 30, 2009
Large, old bur oak, one of many at Colony Farm Orchard. Photo by Richard Brewer

Large, old bur oak, one of many at Colony Farm Orchard. Photo by Richard Brewer

The major story in the Western Herald today, on the front page above the fold, is “SSE advocates Orchard property preservation.” The story was written by Fritz Klug, News Editor of the Herald.

SSE is the student organization Students for a Sustainable Earth.  SSE describes itself as the premiere organization for student environmentalists at WMU. It’s a registered student organization whose mission is to promote attitudes and behaviors on the WMU campus and in the wider Kalamazoo community that are environmentally and culturally sustainable.  It has a Facebook group of 435 members.

The story begins with a field trip that a mostly student group of 26 persons, took to the Colony Farm Orchard in October.  SSE hosted it as a part of their campaign to save the Enchanted Forest.  Benjamin Thayer, a WMU senior is quoted as saying, “It is enchanted because it’s a place in limbo.” This is an excellent, remarkably apt characterization.  My dictionary defines limbo as a region of oblivion or neglect.  WMU has neglected the Colony Farm Orchard, perhaps so that the claim could be made that the property is not utilized.  And certainly, if WMU’s plans for the land are allowed to proceed, oblivion is its fate.

In the story, SSE Co-Chair Andrew Weissenborn indicates no opposition to the current BTR Park or the aim of job creation.  “It is neat and extraordinary what WMU has done with the first BTR park,” he is quoted as saying, “but I do not think the park should be extended to the Colony Farm Orchard.  The focus at this point is to preserve the land.”

The other front page story of the Herald, below the fold, is “WMU researchers study carbon sequestration benefits.”  It describes research proposed by a Geosciences group to study sequestering carbon dioxide from large facilities such as factories and power plants by storing it at depths of 2500-3000 feet in porous sedimentary rocks where overlain by impermeable igneous rocks.  It’s a possible technology that, along with many other techniques including conservation and alternative energy sources, may help us out of the global climate aspect of our current environmental predicament.

In the meantime, the Colony Farm Orchard continues sequestering carbon in its humble way–in the growth of old trees planted or self-seeded long ago and the many young ones that have volunteered in the past 50 years, in the vines of old grapes from the abandoned arbors as well as native grape-vines from seeds brought in by catbirds and robins, and in the large amounts of soil organic matter that accumulates each year mostly from foliage.  Even a fair share of the carbon in the tree leaves from the west side of Kalamazoo that WMU allows the city to dump at the Orchard site becomes incorporated in rather long-lived compounds in the soil, making its own sequestration contribution.

Leaves from trees in the city of Kalamazoo dumped at Colony Farm Orchard

Leaves from trees in the city of Kalamazoo dumped at Colony Farm Orchard

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Tamarack in Oshtemo Township

By rbrewer | Published: November 19, 2009
Spicebush, late October, Oshtemo Township, Section 9. Photo by Richard Brewer

Spicebush, late October, Oshtemo Township, Section 9. Photo by Richard Brewer

Wetlands are scarce in Oshtemo Township.  Its thirty-six square miles are mostly high and dry and the soils are mostly well-drained.  A few kettles exist in the moraine-outwash plain topoography.  These are depressions formed when ice blocks left behind during the retreat of the last Pleistocene ice sheet melted.  Most kettles in Oshtemo Township don’t hold water today.  A few do some or most years; perhaps a clay lens lies somewhere beneath them, or perhaps enough clay occurred in the surrounding glacial drift to form a more-or-less impermeable layer when it eroded into the kettle.

The kettles that hold water year round or for a few months in the spring tend to have a buttonbush swamp at the bottom; some have a band of spicebush up the bank from the buttonbush.  These are features of some of the sites disturbed least by agriculture and other human activity.

A small triangle of swamp forest is still present in the northwest corner of Oshtemo Township, but several wetland vegetation types that occur elsewhere in Kalamazoo County don’t seem to be present here.  I’m unaware of any examples of open bog, bog forest, sedge fen, or prairie fen.  Possibly small patches of some of these might have been here at the time of settlement.

Early this November I started noticing a good-sized tamarack tree in the wetland at the west edge of the Lilian Anderson Arboretum (Section 15) as I drove by.  It was only 10 0r 15 yards south of West Main (M-43).   At this time in the fall, tamarack needles turn a gold color, so the species is easily spotted.  I finally stopped by on Saturday 14 November, by which time many of the leaves had fallen and the few remaining ones were dull brown.

The situation where the tamarack is growing is consistent with the possibility of fen.  The site is at the base of a slope where ground water feeds the sizable wetland northeast of Bonnie Castle Lake.  However, I haven’t noticed fen plants at other places along the edge of the wetland on many other visits to the Arboretum.  I walked around near the tamarack, but I was just wearing short leather boots and couldn’t get very far out. I didn’t see any obvious fen indicator species, but this isn’t not a good time of year for botanizing anyway.  I’ll have another look or two next spring and summer.

I’ll also make a point late next October of driving around the other wetlands in the township to see if more tamaracks are evident.  Clarence and Florence Hanes found tamaracks in the Twin Lakes area which is right next door to Oshtemo, but nearly all the Twin Lake low ground is across the line, in Alamo Township.

Spotted wintergreen, Oshtemo Township, Section 9. Photo by Richard Brewer.

Spotted wintergreen, mid-November,Oshtemo Township, Section 9. Photo by Richard Brewer.

Walking back up the wooded slope above the wetland at the Arboretum, I saw a few spotted wintergreen plants (also called spotted pipsissewa).  It’s a small plant, handsome with dark green leaves with a whitish line running along the midrib.  The line is often rather jagged looking where the pale coloration runs off varying distances along the side veins. The leaves are evergreen and were peeking through the fallen oak leaves. A good share of the oak areas in Oshtemo Township that weren’t cleared still have the species, though I’ve never seen it abundant.  A plant or two or small patches pretty widely scattered is the way it usually occurs. Its geographic range is basically eastern North America, in most parts of which its occurrence is much the same as here–never common but seemingly not in serious trouble.

Posted in Michigan (including Kalamazoo), Plants and Plant Communities | Leave a comment

A Conservation Plan for the Colony Farm Orchard (=Enchanted Forest)

By rbrewer | Published: November 11, 2009
Button from the Facebook group

Button from the Facebook group

As we all know,  HB 5207  put forth by Representative Bob Jones (D–Kalamazoo) is designed to strip the conservation/public use restrictions from the Colony Farm Orchard as a first step in turning the 54 acres into an Annex to Western Michigan University’s BTR Park.  Here are the stated restrictions: “The conveyance shall provide that Western Michigan University may utilize the property solely for public park, recreation, or open space purposes, except that the legislature, by statute, may authorize Western Michigan University to utilize the property for some other public purpose.” The bill, introduced in mid-July with no public notice, made its way quickly to the Senate but there progress has slowed.

This delay has given conservationists and other opponents of the measure a chance to make their views known, and they have done so in large numbers.  As of now, we cannot know what will happen.  But we should talk about what ought to be done with the property as conservation land.  I made a start on this subject earlier and concluded that the best role for the land was exactly what it’s doing now, but better.

In that post, I discussed some important ecological functions of the Colony Farm Orchard.  I won’t repeat them in detail, but here’s a quick list.  It’s worth taking note that all these would be diminished or lost altogether by development as a BTR installation.

Many are beneficial effects that the Orchard exerts on the Asylum Lake Preserve, such as

  • Reducing noise from M-131
  • Filtering noxious fumes from trucks and automobiles on M-131
  • Reducing artificial lighting coming from M-131 and buildings across the highway to the west.  Research on the dangerous effects that bright artificial lights have on insects, bats, amphibians in the breeding season, and other forms of wildlife is accumulating rapidly.
  • By serving as a very near island of similar but not identical habitats, the Orchard adds species, lowers extinctions and enhances immigration, all of which lead to higher biodiversity and ecosystem stability at Asylum Lake.

Other positive conservation roles the Orchard plays, not necessarily involving the Asylum Lake Preserve directly, include

  • Allowing for the presence and reproduction of  shy animals, such as foxes and American woodcock, that are likely to be disturbed on the more heavily visited Asylum Lake Preserve.
  • Serving as a migratory bird stopover site well-supplied with cover, water, and food supplies in both spring and fall.
  • Preserving land within the historic  Genesee tall-grass prairie and the adjacent bur oak opening.  Perhaps few herbaceous species survive from those pre-settlement plant communities, but numerous bur oaks of various ages and sizes are present that are almost certainly descended from the oaks of the original savanna.

This is just a good start on a listing of the conservation values of the Orchard.  There are, for example, the marvelous asparagus patches along the west edge.  Not for nothing was Euell Gibbons’s first book named Stalking the Wild Asparagus.  “When I am out along the hedgerows and waysides gathering wild asparagus,” he wrote, “I am twelve years old again and all the world is new and wonderful as the spring sun quickens the green things into life….”

There are also the old trees–horse chestnut, tulip tree, maples–planted by the original farm family or by the staff or patients of the Colony Farm.  Big and open grown but surrounded now by many trees of smaller diameters, these are probably what suggested the “Enchanted Forest” name to the Facebook Group.  They ought to be kept as a way of conserving human history as well as natural history.

Then there is the carbon sequestration that has gone on and is going on in the accumulation of tree biomass, which acts to temper the greenhouse effect and slow global climate change.  Turning this land into a BTR park extension would almost certainly mean cutting most of the trees and brush and releasing the stored carbon into the atmosphere as carbon dioxide  either by burning or by the slow fire of decomposition.

It’s not possible yet to come up with a complete conservation design, but here are some things we might want to do when the Colony Farm Orchard is devoted to conservation.

1. Construct a self-guided loop trail going through the property’s major habitats with the trailhead on the east side of the property next to Drake Road.
2. Next to the trailhead, construct a small bicycle parking space.  Too much space for automobile parking has already been subtracted from the Asylum Lake Preserve to allow more to be lost for auto parking here.
3. Provide for safe passage of pedestrians from somewhere south of the Asylum Lake parking lot at the top of the hill on Drake by means of pedestrian on-demand lights, or an overpass.
4. Stop the dumping of leaves and yard waste from Kalamazoo.  It’s a public service of a sort, but on a parcel of only 54 acres it takes up space that ought to be available for natural revegetation or restoration.  The area of thick leaf mulch can be seen in one of the fine low-level aerial photographs of the Colony Farm Orchard by JaySeaAre. Locate the metal pole barn (“Butler building”) on the west border (toward the highway); the heavy leaf mulch is the unvegetated area east of the Butler building and running south toward the electric substation and north toward the old orchard. Several years accumulation are involved, ringed with rank growths of barnyard weeds.
5. Erect a signboard facing M-131 that says something like this: 

Asylum Lake Preserve of Western Michigan University

A sanctuary of 320 acres protected for all time

that by education, research, and as green and open space

benefits the public and the Earth

Before describing what the trail could be like, it’s worth considering why we need a trail at all. People who are highly enough motivated have always made their way onto the Orchard for bird-watching, asparagus hunting, photography, and contemplation. And no trail is needed for the Orchard to continue its services to the Asylum Lake Preserve.  But there are good reasons for the trail: One, it will make it much handier to visit the site, especially for education–classes, but also groups interested in natural history, and any strolling autodidact.

Two, if the Orchard is left as is, there will be those who say, as some connected with WMU have said,  that the land is not utilized.  Of course, the charge was and is bogus. But the trail is one way to demonstrate utilization.  It will show  most people that the land is utilized, though perhaps not that segment of humanity for whom the only meaningful way a piece of property can be utilized is to generate income.

What should the trail be like?  I’d say most of it should be narrow, just wide enough for one person to walk comfortably, and unimproved.  No dogs, I’d say.  It’s nice that people can walk their pets on the Asylum Lake property, but the Orchard ought to continue to be a dog-free refuge, a place for the woodcocks and turkeys and other ground nesters.

There would be plenty to see along the trail, including many of the features already mentioned.  Any trip would find dozens of things to look at and discourse on, as the changing seasons brought forth something new every day.

The trail should loop through the south part of the WMU Foundation property.  In fact, I’d say that the south half of the Foundation land ought to be reunited with the Enchanted Forest. The eight acres extending up to Stadium Drive were regrettably severed from the Orchard property in 1957 and sold into commerce.  The Foundation did Kalamazoo a service by acquiring it in 2007.

Pond with Mallards on WMU Foundation land just north of Colony Farm Orchard. Photo by R. Brewer

Pond with Mallards on WMU Foundation land just north of Colony Farm Orchard. Photo by R. Brewer

Having the trail run through the south part of what is now Foundation property would include a small pond and the ducks and aquatic life that could be seen there and also an area of great hydrological interest as the main source of ground water flow into Asylum Lake.

These are just some ideas of mine. I haven’t discussed them in detail with anybody.  No charette was held.  Nobody paid me a consulting fee; my work was all pro bono publico.  Publico has been given short shrift in WMU’s proposals for the Orchard, so I’m glad to bring a little of it back.

Will the Colony Farm Orchard be allowed to fulfill these conservation aims?  That depends on the Michigan Senate, or perhaps Governor Granholm.  But, of course, it depends most of all on Western Michigan University, which could at any time, decide to let the Orchard live up to the purposes for which it was conveyed from state to university in 1977.  That WMU has not already asked the Michigan legislature to withdraw the section of HB 5207 dealing with the Colony Farm Orchard reveals an anti-conservation, anti-environment, anti-sustainability mindset that may foretell a troubled future.

Posted in Birds, Conservation, Michigan (including Kalamazoo), Plants and Plant Communities | Leave a comment

Save the Enchanted Forest (aka Colony Farm Orchard)!

By rbrewer | Published: October 31, 2009

DSCN3142About a week ago, a group of students opposing the demolition of Western Michigan University’s Enchanted Forest, invited me to one of their meetings. The Enchanted Forest is what they call the land that is sometimes known as the Colony Farm Orchard. Enchanted Forest is a much better name.

This was a Thursday night and they were planning a letter writing session for the following evening.  I talked for a little while about past and current threats to the Enchanted Forest.  Andy Weissenborn and a dark-haired young woman whose name I didn’t get asked a few questions that I tried to answer. I gave them my take on how best to get in touch with members of the Michigan Senate, where the bill stripping the restriction that the land be kept as open space for public use was then, and still resides today (30 October).

The student group is on facebook.  Here are the first few lines of the group’s description:

Western Michigan University is moving ahead with a plan to expand the Business Technology and Research Park. In order to do this, they are going to flatten the woods at the northwest corner of the Drake and Parkview intersection, the “Enchanted Forest.”  Don’t get us wrong, we’re not against development in general. And we’re not against new business and new jobs.

The facebook group is open and the content is public.

The students have evidently put on a very effective campaign to reach members of the Senate.  Check out Chelsea Thorpe’s comments for 29 October on the group’s Wall.  Among other things, she says, “Call, write, my babies! Let’s save the dadgum Enchanted Forest!” and includes the phone number for the person to call in Lansing about postponing the vote (Senate majority leader Michael Bishop at 517 373 2417.)

I’ve heard that other actions to save the Enchanted Forest are being planned or contemplated.

In my opinion this effort is the greenest and most biospherically useful thing that’s happened at WMU at least since Dok Stevens left and maybe since Huey Johnson graduated.

Save the dadgum Enchanted Forest!

Posted in Conservation, Land Trusts (& other private land conservation), Michigan (including Kalamazoo) | Leave a comment