I am writing again about the issue of conservation easements on public lands in Signal Mountain. This is NOT about whether or not to conserve these lands. There is no evidence of any threat being posed to these lands. This is actually one of the ironies about the time being devoted to this topic which is essentially a solution in search of a problem. However, there is a principle involved of not constraining future generations right to make their own decisions. Thomas Jefferson said it well in 1786 : "this assembly elected by the people for the ordinary purposes of legislation only, [has] no power to restrain the acts of succeeding assemblies, constituted with powers equal to our own."
Nonetheless, this issue seems to be moving forward "like a freight train going downhill" according to one knowledgeable participant. My friend, and former Parks Board member Dr. Jeff Duncan has developed an alternative proposal which not only protects these parks, but actually adds additional protections. While the "easement" plan has been proposed as ironclad, it could be overturned by a simple vote of a future Council through eminent domain. This would require two simple majority votes. The process proposed by Dr. Duncan would provide a much higher degree of protection. Jeff's comments are below:
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Please see attached. I believe this draft ordinance offers a win-win solution for the land protection issue. I'm about to send it to Council members in hopes it will be considered. I'd be happy to answer any of your questions or consider modifications if needed.
Also, we need supporters. Council needs to hear from folks both in support of this ordinance (assuming you support it) and more importantly against the conservation easement movement. Please shake the bushes and get friends, spouse, and like-minded folks to email council and attend next week's meeting.
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Here are the Councilmembers and their email addresses:
Please copy Jeff Duncan (
drjefe@epbfi.com) with any comments you send or receive from the Council. Thank you.
This is Dr. Duncan's proposed ordinance:
An Ordinance Protecting Signal Mountain
Parklands and Authorizing the Establishment of a Town Conservation Policy
WHEREAS, the Town Council of Signal Mountain
believes that all land owned by the Town of Signal Mountain is held in trust
for future generations by the Councils and Citizens of this community, and
WHEREAS, the woodlands, wetlands, streams, and
open spaces of Signal Mountain help define the character of the town and,
beyond that, each succeeding year brings us more information on how vital such
natural lands are to our collective well-being and health of the world around
us, and
WHEREAS, they are also buffers which mitigate
the effect of reasonable development of private lands, and
WHEREAS, once converted to other use, such
lands cannot be replaced and therefore short term needs and pressures do not
justify endangering the environment of our town, county and state, and
WHEREAS, those who are most intimately
associated with these lands are the most qualified to protect them, and
WHEREAS, the Town presently has several boards
(i.e., Parks, Tree, Stormwater) focusing on environmental protection that
operate independently and without cohesiveness,
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF SIGNAL MOUNTAIN, TENNESSEE THAT:
ARTICLE 1. LAND PROTECTION POLICY: The Town of Signal Mountain will protect its
public lands and waters as its citizens and their elected officials deem
necessary, free from residential or commercial development, and that the
current Town Council of Signal Mountain affirms and continues in the wisdom of
its predecessors in owning, protecting and maintaining the public lands of Signal
Mountain. All existing Town-owned parklands will henceforth be encumbered by
deed restrictions intended to limit develop exclusively to nature-based
recreational interests. The Town of
Signal Mountain hereby adopts a policy of protecting its publically-owned
parklands for the benefit and enjoyment of this and future generations.
ARTICLE 2. CREATION OF A CONSERVATION
COMMISSION: A Town Conservation Commission is hereby established for the
purposes of aiding and advising Town Council and the Planning Commission on
issues related to the status, extent, and management of Town-owned parklands. The Conservation Commission will create a
Natural Resource Management Plan for Town-owned resources that will include an
inventory of existing resources, threats, liabilities, and other management
needs on Town-owned lands. The
Conservation Commission replaces the Park Board, Tree Board, and Stormwater
Board but may, at the pleasure of Town Council, retain their current members to
carry out the missions of each board as committees of the Conservation Commission
in accordance with ARTICLE 7 herein.
ARTICLE 3. ZONING: A zoning classification is
hereby created for all existing Town-owned parklands. The new zoning classification will be termed
“CONSERVATION LANDS.”
ARTICLE 4. LAND ACQUISITION: The Town is
hereby authorized to receive donated parcels of land in fee simple and/or
conservation easements from willing private donors/sellers for the purposes of
conservation. Upon concurrence of the
Conservation Commission and majority vote by the Council, the Town may purchase
lands from willing sellers for the purposes of conservation. Such land may be encumbered by existing
conservation easement with a third party land trust at the time of donation to
the Town.
ARTCILE 5. PARTNERSHIP FOR LAND PROTECTION: That
the Conservation Commission is hereby authorized to work with external partners
such as land trusts, non-governmental organizations, and government agencies to
improve natural resource protection on private lands within the Town or on
public lands not owned by the Town.
ARTICLE 6. CONSERVATION TOOLKIT: That the
Conservation Commission is hereby authorized to develop a Conservation Toolkit
of Best Management Practices to benefit Town government and residents of the
community. The Conservation Toolkit will
consist of a non-binding list of environmentally sound recommendations covering
topics such as yard maintenance, fertilizers, pesticides, invasive species,
water conservation, run-off, energy conservation, etc. While the Toolkit will be non-binding to
residents not withstanding existing regulations, Town Council, at the request
and recommendation of the Conservation Commission, may compel Town employees
carrying out their duties on Town-owned lands or facilities to adopt some or
all of the Toolkit’s provisions.
ARTICLE 7. MEMBERSHIP and ADMINISTRATION OF
CONSERVATION COMMISSION: That the Conservation Commission shall consist of 9
members each appointed by the Town Council for 3 year terms. Commission members can be reappointed for
subsequent terms. The Commission shall convene regularly monthly meetings in
public and produce and retain publically viewable notes or minutes. The Commission shall make recommendations on
conservation issues germane to the Town Council upon their request.
ARTICLE 8. In keeping with the spirit of
Article 1 herein, and to limit legislative entrenchment, the Town Council shall
not authorize the transfer of any Town-owned parklands to any third party
entity without the unanimous approval of the Conservation Commission, and any measure
intended to transfer ownership of Town-owned parklands or to convert them to
other non-park uses, and any measure to overturn or amend this ordinance, must
be passed by a majority vote of two consecutive Town councils separated in time
by a general election.
