Tomorrow - Carroll County Planning Meeting on Pathways - Forum

I can't imagine the zoning board approving this Pathways Rezoning plan. Based on the common sense of the people of Carroll county I would hope that they make the right decision, but I am not counting on it. They have been putting this plan together for many years, and now they have all the effort invested. The psychology of the situation guarantees they don't want this effort to be in vain, In some fashion this plan will be passed if I am correct. But moving forward with it will the worst thing that could happen. I am very disappointed with the judgement that went into the draft. The constitutional questions that this plan raises are great. The Property Rights question is the primary one by Telling a person that the value of their property is going to be degraded for a plan. The taking of a persons land rights for development, and what would necessarily lead to the taking of the land forcibly under eminent domain, almost certainly occurring following the ratification of the plan, is also another constitional question. For many aspects as it relates to the Taylorsville area is for a mega Office, Manufacting, Industrial zone. If we have this go through and the common sense that the citizens of Carroll County doesn't prevail then eacn and everyone who votes for this plan in any form should be booted out come the next election. We the People of Carroll County must excercise our civic duty and remove those from office who appointed such a reckless zoning board, and then have those zoning board members fired.
This pathways project as it is so slickly been named, is a terrible provision that needs to be scrapped.
The current commissioners specifically, Gouge and Minnich have wrought havoc already with their callus disregard for commonly understood rules of contract law and then fair play. Their over zealous actions taken in 2003 which shut down housing permits brought about the defeat in court which cost so far the 23.5 million dollars. I also know, from a reliable source that there are as many as 7 additional suits pending, and that there were others prior to this major one. Those that are pending could prove to be equally as devastating. The major concern is that the county has scraped together the funds to pay this one suit, by planning on depleting any and all reserves, including the insurance reserve. Many question the ability to deplete an Insurance reserve. Will the insurance companies allow it, and keep the current policy in force. Or will the rates go up, adding even more strain on our budgets. Then will we continue to be insured with pending litigation on the upcoming seven. Will the county even have the money to cover these lawsuits? Once the precedent is set, which it has in the Forty West Builders suit, then all of the other seperate plantiffs acting on the same basis have the same outcome anticipated. Some of these litigants have large tracts of land involved as well scattered through out the county. The monetary awards won in court could be equal to those in the Forty West Builders settlement, which was 23.5 million. That equates to around 12-1/2% of the revenue from county property taxes. With the response by Commissioner Minnich to Commissioner Zimmer, when the proposal was offered for a 2 cent property tax reduction, and it was paraphrased, "This (tax reduction) would be devastating to the County Budget". What does it do when you erode away 12.5 cents. What happens when you find another equal value of awards just from one of two of the seven. What happens when the full bill for this gross arrogance that brought these lawsuits about finally comes due! We will have a hole in the budget that only increased taxes and fees will be able to repair and mend. And if not, a county that will be insolvent.

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Dave Wallace June 24, 2009 at 2:27pm

I can't imagine the zoning board approving this Pathways Rezoning plan. Based on the common sense of the people of Carroll county I would hope that they make the right decision, but I am not counting on it. They have been putting this plan together for many years, and now they have all the effort invested. The psychology of the situation guarantees they don't want this effort to be in vain, In some fashion this plan will be passed if I am correct. But moving forward with it will the worst thing that could happen. I am very disappointed with the judgement that went into the draft. The constitutional questions that this plan raises are great. The Property Rights question is the primary one by Telling a person that the value of their property is going to be degraded for a plan. The taking of a persons land rights for development, and what would necessarily lead to the taking of the land forcibly under eminent domain, almost certainly occurring following the ratification of the plan, is also another constitional question. For many aspects as it relates to the Taylorsville area is for a mega Office, Manufacting, Industrial zone. If we have this go through and the common sense that the citizens of Carroll County doesn't prevail then eacn and everyone who votes for this plan in any form should be booted out come the next election. We the People of Carroll County must excercise our civic duty and remove those from office who appointed such a reckless zoning board, and then have those zoning board members fired.
This pathways project as it is so slickly been named, is a terrible provision that needs to be scrapped.
The current commissioners specifically, Gouge and Minnich have wrought havoc already with their callus disregard for commonly understood rules of contract law and then fair play. Their over zealous actions taken in 2003 which shut down housing permits brought about the defeat in court which cost so far the 23.5 million dollars. I also know, from a reliable source that there are as many as 7 additional suits pending, and that there were others prior to this major one. Those that are pending could prove to be equally as devastating. The major concern is that the county has scraped together the funds to pay this one suit, by planning on depleting any and all reserves, including the insurance reserve. Many question the ability to deplete an Insurance reserve. Will the insurance companies allow it, and keep the current policy in force. Or will the rates go up, adding even more strain on our budgets. Then will we continue to be insured with pending litigation on the upcoming seven. Will the county even have the money to cover these lawsuits? Once the precedent is set, which it has in the Forty West Builders suit, then all of the other seperate plantiffs acting on the same basis have the same outcome anticipated. Some of these litigants have large tracts of land involved as well scattered through out the county. The monetary awards won in court could be equal to those in the Forty West Builders settlement, which was 23.5 million. That equates to around 12-1/2% of the revenue from county property taxes. With the response by Commissioner Minnich to Commissioner Zimmer, when the proposal was offered for a 2 cent property tax reduction, and it was paraphrased, "This (tax reduction) would be devastating to the County Budget". What does it do when you erode away 12.5 cents. What happens when you find another equal value of awards just from one of two of the seven. What happens when the full bill for this gross arrogance that brought these lawsuits about finally comes due! We will have a hole in the budget that only increased taxes and fees will be able to repair and mend. And if not, a county that will be insolvent.

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