VOLUME 6, NUMBER 14 - DECEMBER 26, 2001
Home Rule: A Division of Power?
A rose by another name would still remain a flower of great beauty and fragrance. This cannot be said of two nearly
identical legislative actions: one failed to pass the State legislature for Calhoun County this year, the other will be voted
on in the coming November 2002 general election for Tuscaloosa County. A search of the Alabama legislature's web site
for Home Rule legislation uncovered SB479. The failed legislation was introduced by Republican State Senator Del
Marsh and would have brought Home Rule to Calhoun County, though Home Rule is a phrase that was left out of the text
of the bill. Tuscaloosa County's legislation has a different slant, their legislation is called "The Tuscaloosa County
Homeowners and Land Use Protection Act" HB102. The opening paragraphs for both proposals, intended to summarize
the content for the voters, are really lessons in diversion.
|
Calhoun County Home Rule SB479 |
Tuscaloosa County Land Use Protection HB102 |
| Create a Planning Commission | Create a Planning Commission |
| Create a master plan | Create a master plan |
| recommend zoning regulations | recommend zoning regulations |
| provide remedies for the enforcement | provide remedies for the enforcement |
| appeals from the decisions of the planning commission | appeals from the decisions of the planning commission |
| power to levy and collect ....license taxes, excise taxes and sales and use taxes.... | power to levy and collect ....license taxes, excise taxes and sales and use taxes.... |
Comparing the text of SB479 and HB102: Note that the quote in block 4 for Tuscaloosa will tie the landowner to every international treaty that the Federal government has signed.
|
Calhoun County Home Rule SB479 |
Tuscaloosa County Land Use Protection HB102 |
| 1. Create a seven member planning commission | 1. Create a seven member planning commission |
| 2. ...may also contract with county or city planners, engineers, architects, and other consultants and with any local, state or federal agency for such services as the planning commission may require. | 2. ...may also contract with county or city planners, engineers, architects, and other consultants and with any local, state or federal agency for such services as the planning commission may require. |
| 3. The planning commission, with the approval of the county commission shall provide for standards, within districts, relating to the use of the land and the types and kinds of structures that may be erected in the districts, and all home remodeling or modification within such districts. | 3. The planning commission, with the approval of the county commission shall provide for standards, within districts, relating to the use of the land and the types and kinds of structures that may be erected in the districts, and all home remodeling or modification within such districts. |
| 4. The farm provision is not included in the Calhoun County Home Rule bill. | 4. A regulation may require that the farm or farm operation conforms to the generally accepted agricultural and farm management practices carried out consistently with the appropriate rules, regulations and orders of the Alabama Department of Agriculture and Industries, and the Alabama Department of Environmental Management, The Department of Public Health, The United States Environmental Protection Agency, and the United States Department of Agriculture, including but not limited to, the Natural Resources Conservation Service, the Farm Service Agency, and the Animal and Plant Health Inspection Service. |
| 5. The farm provision is not included in the Calhoun County Home Rule bill. | 5. Prohibit or prevent the construction of any roads, buildings, or equipment used for agricultural purposes including residences that are part of the farming operation. |
| 6. The zoning regulations shall also include a zoning plan for selected areas for the control of the height, area, bulk, location, and use of buildings and land. | 6. The zoning regulations shall also include a zoning plan for selected areas for the control of the height, area, bulk, location, and use of buildings and land. |
ENFORCEMENT
|
Calhoun County Home Rule SB479 |
Tuscaloosa County Land Use Protection HB102 |
| In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any subdivision is established, or land used in violation of this enactment or of any regulation made under the authority conferred by this act, the county attorney shall initiate any appropriate action or proceeding to prevent such... (emphasis added) | In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any subdivision is established, or land used in violation of this enactment or of any regulation made under the authority conferred by this act, the county attorney, with the approval of the county commission, shall initiate any appropriate action or proceeding to prevent the unlawful action. (emphasis added) |
The most important aspect of the proposed legislation has been saved for last - "zoning". The definition of "zoning" takes on new meaning when you read the text of the proposed legislation. Working behind the scenes "proactive" forces seek to change the relationship between the citizen and local government. The speed with which the change is occurring is quickened by ignorant and lazy representatives. Local government will determine where we live i.e. "convenient distribution of population", what we believe is right and wrong i.e. "moral". A legal system that was suppose to dispense justice by punishing the evil doer, a Biblical principle found in verse 4 of Romans 13, is quickly transferring to a new foundation, called "Sustainable Development". From the local court to the highest judicial bench in our justice system, judges are now bound by the worldview contained in the newly ratified United Nations "Desertification" treaty. A new mindset is found in the local legislation, this is consistent with the new world view. Read carefully what local government is now responsible for. In the following text The Mustard Seed will connect other examples of "Sustainable Development".
Justice is dependent upon a proper foundation and equal application, without which injustice will prevail. These attributes were once the hallmark of our judicial system. No more! Read what's included in the plan for "zoning."
|
Calhoun County Home Rule SB479 |
Tuscaloosa County Land Use Protection HB102 |
| The regulations (master plan) shall be made, in accordance with present and future needs, to best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development. The plan and regulations should also promote safety from fire, flood and other dangers as well as the healthful and convenient distribution of population and the wise and efficient expenditure of public funds. | The regulations (master plan) shall be made, in accordance with present and future needs, to best promote health, safety, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development. The plan and regulations should also promote safety from fire, flood and other dangers as well as the healthful and convenient distribution of population and the wise and efficient expenditure of public funds. |
Relating the above quote to United Nations objectives may help in understanding the direction being taken by local government.
Present and future needs: it has never been the role of government to provide for the needs of even the present generation. To think that it may see to the needs of future generations is to add insult to injury. Our present Alabama Constitution, Article One, Section 35, defines the role of government as: "...the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression" (Now you may understand better why the big push for a new constitution.) This concept of providing for current and future generations references the Bruntland Commission's definition of "sustainable development, i.e. "development that meets the needs of the present without compromising the ability of future generations to meet their own needs."* Small communities are incorporating this concept into their mission statements. In 1994 New Pattonsburg, Missouri published a "Charter of Sustainability" in which they said: "We recognize our responsibility to plan for the needs of the present generation without compromising the ability of future generations to meet theirs." ** Other communities across the country have adopted similar statements.
Health: many quotes are available from UN literature. One that fits nicely is from the 1996 Habitat II conference held in Istanbul, Turkey: "136 (b) Adopt measures to prevent and control air, water and soil pollution and to reduce noise levels, where appropriate, and develop and ensure access to appropriate preventive and curative health-care systems in order to tackle related health problems." (emphasis added)
Safety: The following quote covers more than safety. "Objectives of this endeavor include protecting public health, providing for safety and security, education and social integration, promoting equality and respect for diversity and cultural identities, increased accessibility for persons with disabilities, and preservation of historic, spiritual, religious and culturally significant buildings and districts, respecting local landscapes and treating the local environment with respect and care." (Chapter II Goals and Principles paragraph 30 Habitat II Global Plan of Action. emphasis added)
Moral: The Tuscaloosa Land Use Plan does not include the term "moral", but the UN concurs with the Calhoun County "master plan".
"190. ...Societies that make the necessary investments in information technology and infrastructure and enable and empower their citizens to make effective use of such technology can expect to foster significant productivity gains in industry, trade and commerce. This improved information technology should be appropriately and optimally utilized to preserve and share cultural and moral values and enhance and improve education, training and public awareness of the social, economic and environmental issues affecting the quality of life, and to enable all interested parties and communities to exchange information on habitat practices, including those that uphold the rights of children, women and disadvantaged groups in the context of growing urbanization." (emphasis added)
Continuing to quote from the Global Plan of Action of Habitat II: you should be able to discern the correlation of similarities between the United Nations Agenda and local legislation. "Distribution of population" (HB102) and "urban density" (found in the next quote) are one and the same. Where you live will be decided by the "master plan". You should know that an executive order already gives FEMA the authority to relocate people in "an emergency."
paragraph 111 "To avoid unbalanced, unhealthy and unsustainable growth of human settlements, it is necessary to promote land use patterns that minimize transport demands, save energy and protect open and green spaces. Appropriate urban density and mixed land use guidelines are of prime importance for urban development. National, subnational and local policies and development plans must be carefully reexamined to ensure optimal land use and geographically better balanced economic development, including the protection of indispensable agricultural land; land that sustains biodiversity, water quality and groundwater recharge; fragile areas, including coastal areas; and other sensitive areas in need of protection." (emphasis added)
III 29 "Sustainability of human settlements entails their balanced geographical distribution or other appropriate distribution in keeping with national conditions, promotion of economic and social development, human health and education, and the conservation of biological diversity and the sustainable use of its components, and maintenance of cultural diversity as well as air, water, forest, vegetation and soil qualities at standards sufficient to sustain human life and well being for future generations."
*http://www.unac.org/monitor/SusDev/background/what_is_SusDev.html
**http://www.sustainable.doe.gov/codes/nwpatcht.shtml
| Recommendations from the Vancouver Plan of Action, June 1976 (Settlement Planning - Agenda Item 10 (b))
...1. Planning is a process to achieve the goals and objectives of national development through the rational and efficient use of available resources. Thus plans must include clear goals and adequate policies, objectives and strategies along with concrete programmes. ...3. ...planning is conducted at different scales of geographical coverage: national, regional, local and neighbourhood. ...7. ...Planning of individual settlements is oriented to solve the problems derived from the relationship between the environment, and the political, social and economic context, in a continuous process of change and mutual adjustment. |