Environmental Trust? - And Response

  • Monday, October 27, 2014

The town of Signal Mountain is in the process of giving away approximately 350 acres of land to the Land Trust for Tennessee. This has been long (but quietly) advocated by the self-styled environmentalists that comprise the small group that attends every Town Council meeting  who oppose any progress and are proponents for the saving of every tree, snail or other non-human species.  In fact, they are for the preservation of everything except humanity, unlike the rest of us environmentalists who are very concerned with protecting our natural resources and green spaces but who understand this need must be balanced against the needs of the people of the community.  They seem to be organized, led, and managed by the voting-bloc trio consisting of Mayor Bill Lusk, Council Member Annette Allen and Vice-Mayor Susan Robertson.

The advocates of these types of actions – that is, taking actions now that can never be reversed by future Councils – don’t even have to believe in the environment or progress.  Even though they may sometimes talk reasonably about balanced budgets and controlled growth, their true beliefs are that they possess a superior intellect over us mere mortals. Regardless of the facts, they know better what is best for us then we do. They, too, can dupe true environmentalists and conservatives alike and have been successful to a point. 

The town meeting of Oct. 13 was attended equally by environmentalists and taxpayers in favor of conservation and looking for answers to the following:

1.       What is a conservation land trust and the benefits?
1.1.    The answer was that we are not giving away the land, but we still own it. We just can’t use it, but we still get to pay for upkeep of the property. The value of the land committed to such trust normally decreases by 70-80 percent and it is forever as we can never get it back. The benefit to the town is that future councils can’t do something stupid like finding future uses of Rainbow Lake water or building something beautiful like Mr. James did. One may have to venture back to the 1920’s and ‘30s to appreciate what some men can build. The only admitted benefit was that it was the right thing to do. 

2.       What are the surveyed property lines?
2.1.    Is some of the land in question your or my property? No surveys are to occur until after the trust is executed. 

3.       Is the trust revocable?
3.1.    The answer is NO. It is forever. 

4.       Why not take the matter to a referendum?
4.1.    This was the most common question. Mayor Lusk answered in his quiet, unassuming way that seems to embellish sincerity that he would have liked to have done so, but it was simply against the law. Wow.  When asked how the Signal Mountain Middle/ High School was placed on a referendum, Lusk deferred to the town’s legal counsel, Phil Noblett. Noblett answered quite proudly that he had to do a lot of digging to find the right law regarding SMMHS. Both men answered with straight faces. 

5.       What’s the rush?
5.1.    This was the second most asked question. The answers from the environmentals were quite imaginative ranging from their claim that they have been working on this project since 2007 and now is the time. The finale was stated by Ms. Allen, who responded to 10-12 concerned taxpayers at a previous meeting, to paraphrase, that “we may not get elected and we can’t trust future town councils to do what is right.” 

I think that says it all. 

Bob “Lumber” Morrison, Jr.
Taxpayer 

* * * 

I understand that some people do not agree in principle with the town of Signal Mountain’s asking the Land Trust for Tennessee to hold a conservation easement on Rainbow Lake and other parkland to protect them from future development, timbering or mining. However, I believe it is important to correct misinformation about the agreement when I see or hear it.  

Mr. Bob Morrison, Jr. states that under the conservation easement agreement, “We still own (the land). We just can’t use it.”  The fact is that the easement agreement ensures that citizens can continue to use the land as they do now—for recreation and passive green space.  That is the whole purpose of the easement. 

“The benefit to the town is that future councils can’t do something stupid like finding future uses of Rainbow Lake water or building something beautiful like Mr. James did.”  If Mr. Morrison is alluding to rebuilding the lake, the easement agreement does not prevent it; however, such a project would require permission from the Army Corps of Engineers, just as it would without an easement agreement. 

“We still get to pay for upkeep of the property.” Yes, we do, because we own the property.  The trails and bridges must be maintained.  However, the cost for maintenance is minimal because of the many dedicated volunteers in the community who put in hundreds of hours of labor and donations of supplies. 

“Is some of the land in question your or my property? No surveys are to occur until after the trust is executed.”  The easement will not include any private property, and the only boundary that will be surveyed is the one where Rainbow Lake abuts the golf course.  The town couldn’t use the legal description of the SMGCC lease with the town, because the golf course extends beyond the boundary specified in the lease.  The survey will ensure that the easement will not encroach on the land that the country club is actually using. 

Why not take the matter to a referendum?  Tennessee state law authorizes municipalities to have referendum on 13 specific issues, but this is not one of them. The school bond was. 

“What’s the rush?”  Four years does not constitute a rush. 

Annette Allen

Town of Signal Mountain

 

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