"Path to the Future" should read "Path to the Past" (March 15, 2005) Shelby County’s Sustainable Comprehensive Plan “Path to the Future” is actually a “Path to the Past”. It received an award from the Alabama Chapter of the American Planning Association. Although this association has been around for about ninety years it began to slide toward stripping away individual property ownership rights only a few years ago. This plan is not a new idea and many versions of it have been implemented across this nation. While it sounds good by touting traditional neighborhoods with walkable communities it abounds with socialism and collectivism. A good example of this can be found in Section Two page 3 of the plan. It states, “Recognize the private property rights of the individual within a balanced framework that considers the public interest and SHARED values of the COMMUNITY”. In simple language, whatever the county commissioners determine what your property would be best suited for. Have you actually read the plan? How could anyone who wishes to protect the value of their property, even consider voting for a plan which calls for decisions concerning their property to be taken away and placed in the hands of the local government. Nancy Wilstach, New staff writer, ‘Path to the Future’ March 8, 2005 states, “Shelby County’s Plan takes a bold stand, encouraging denser development around a busy center. That approach grew from public involvement meetings held before the writing started. Residents told planners how they wanted Shelby County to look five, 10 or 20 years down the road.” Investigation of this public involvement appears the citizens were chosen without regard to long term residency of the county. It wouldn’t have mattered who the residents were as it appears the planners had a predetermined outcome. The technique used for this, called the “Delphi Process” pretends to allow citizen input while leading to a preordained conclusion. This article reflects Senior Planner, James Ponseti’s vision of “a combination of mass transit and “place-making” as the answer to suburban sprawl. A worker is more likely to accept mass transit as a way to get to work if his or her other errands can be handled at a hub. Ponseti said. He cited examples such as dry cleaning, school and shopping”. How very collective of you. Although, it is commendable and energy conscious to afford the opportunity for mass transit for travel to work, where is the mass transit system? It doesn’t exist and won’t for many years, if at all. In the same article Darrel Meyer, senior vice president of KPS Group, which was instrumental in the development of this plan, “said the plan was unique in Alabama and some of its ideas have been used in Hoover, Helena and Trussville.” He’s right, some of its good ideas have been used in other places. What he doesn’t tell you is the plan or close variation of the plan was soundly defeated by voters in Pelham, Indian Springs and Cullman to name a few. Why was this plan defeated in these places and not in beat 8 of Shelby County? Simple, the politicians did not hide the content of the plan from the citizens in these other places. After talking with some residents and witnessing some of the actions of some Shelby County politicians the appearance of deception, misleading and possibly threats may be evident. Some residents said a commissioner told them it would protect their property value and prevent someone from building a hog farm next door to them. Some of these people live in a housing development such as Mount Laurel, Highland Lakes, or Shoal Creek and have their own restrictions that prevent something such as this anyway. When these citizens were asked if the commissioner gave them a copy of the plan or showed them any part of the plan, they said he had not, they had only been told about the plan. It has also been reported, commissioners had been making door to door visits in these housing developments pushing this plan. You have to ask yourself, why the commissioners attempted to keep something of this magnitude so low key. Not to mention, why did the vote take place only 8 days after commission approved the redrawn beat boundaries. Act 82-693 Section 8. Election to determine if beat is to be covered by the Master Plan and Zoning Regulations, clearly states (4th sentence) …Notice of election shall be given by three weeks’ publication and posting notice in two public places within the beat.” How can “publication and posting” be given for 3 weeks when the beat had only been established for 8 days? Section Three page 13 of the plan states, “Develop and implement a separate Land Disturbance Ordinance, applicable to all unincorporated land in Shelby County with appropriate penalties, and consistent with the goals, objectives and policies of this comprehensive plan.” Companies which are behind these plans, write something like this so as not bring attention to what they actually mean. Once developed and implemented the statement’s intent is if you own land in the unincorporated area of Shelby County you won’t be able to trim you shrubs, clear some underbrush, trim or prune a tree or even cut one down without getting permission from the planning commission. If you live in a “special district” this will have little impact on you unless of course you have a few acres, typically an estate, farm or ranch. Basically, you are stripped of your personal property rights. Oregon passed a similar measure to this plan a few years ago. Once the citizens realized the negative impact on them they sought to make changes to this plan. In 2000, they voted and passed Measure 7 which was successfully challenged by the local government. In November 2004 the citizens voted for a revised edition called Measure 37 and won by a 2 to 1 margin. The measure protects the individual property owners in several ways especially if their property is condemned or value decreased due to local government activities, fair market compensation will be paid to the landowner. Needless to say the commissioners along with the American Planning Association are in an uproar over this. Fortunately, the measure stands. For a better understanding of this look at the “Plan” where the local government condemns your land and pays you the assessed value of your land. Now look on your tax record for the assessed value of your property and compare it to the fair market value. You will notice thousands of dollars difference. This should be your wake up call. You have people telling you various things about this zoning plan. The best thing you can do is research it yourself. One of the major items you should note is why is there no glossary to explain many of the confusing terms in the plan. Maybe, the planning commission thinks it will be more acceptable to you if you didn’t know what many of these terms mean. Look through the plan and highlight the terms you may have questions about, go to the next commissioners meeting and ask for a definition or explanation. Don’t be shy, it’s your property and you have every right to protect it and know anything concerning the zoning of it. I believe the most disturbing thing about the January 18, 2005 vote in beat 8 of Shelby County is the return of the Feudal System of government. The residents in the unincorporated area of this beat voted on zoning that had a direct affect on them. We were told by several residents in Shoal Creek, Mount Laurel, Highland Lakes, they were allowed to vote but the zoning plan would not affect them as they lived in these special districts and the zoning was mainly to control the unincorporated areas outside of these special districts. This violates the Constitution of Alabama as well as the United States. From what I understand, some residents are exploring options of possible legal action concerning this vote. As it stands now the plan cannot be fully implemented, specifically concerning “current use”. According to Alabama Act 82-693 Section 12. Zoning Regulations Shall not be Retroactive. “No zoning regulations adopted by the county commission shall change any use to which land is being made at the time zoning regulations become applicable in any beat”. As stated in the Alabama Constitution, Amendment 707, Home Rule Section 1 (a) Except as herein provided, The Shelby County Commission may adopt ordinances, resolutions…for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law enacted by the Alabama Legislature. When you buy a house or lot in a housing development or neighborhood, you buy into the rules, regulations and ordinances governing this area. When you buy land or a farm in the country outside of these areas, you buy into the freedom to make your own decisions for your land without the encroachment of the government or housing developments. That’s what America is all about. I have heard rumblings some politicians are working behind the scene to change this section of Act 82-693. Let your State Representative know this is not to be changed. Its important to let the politicians know our government is “By the People, For the People and of the People”. It appears many of them at all levels, especially locally, have forgotten this. If you value your property, educate yourself concerning the zoning and plan, if not, you deserve what you end up with. I remember an old story that seems to fit this situation fairly well. An old man was walking his two cows to his barn when a couple of politicians drove into his drive. He stopped and asked how he could help them. One of the politicians asked if he would be willing to accept a new type of government. The man said, “I don’t know, it would depend what kind we’re talking about”. The other politician said, “I’m sure you’d like this, its called socialism and it would be so gradual you wouldn’t even notice it. Besides it would be in the best interest of the community”. The man asked, “What does it do?”. The first politician told him, “Let’s say you have two chickens, the state will take one and give it to your neighbor who has none”. The man thought about his neighbor with all the chickens and the eggs they produced that his neighbor used for breakfast, cakes and such. The man replied, “I wouldn’t object to that”. The second politician said, “If you had two goats, we would give one to your neighbor as well”. The man again thought of his other neighbor who had several goats and the delicious cheese made from their rich milk. He again replied, “I wouldn’t object to that either”. Both politicians chimed in and said, “You have two cows, so we would take one and give it to your neighbor”. The man immediately shouted, “NO WAY, I would never support a government such as that”. Shocked, the politicians asked, why? In a firm voice the man said, “Because I have two cows!” The local politicians have already come for your neighbor’s chickens and goats. It’s only a matter of time before they come for your second cow. Read the plan!