Private Development Proposal

[Beathan]

A Bill to Authorize Private Development in the CDS --

Whereas, all factions agree that the pace of development and expansion of the CDS has been slower than that of SL as a whole, and slower than desired by our community;

Whereas, the Guild has done an excellent job in the building and designing of new sims, but, as a volunteer organization, is not able to design and build sims at the desired pace; and

Whereas, there is a pool of human and financial resources in the CDS citizenry that has not been fully tapped through the Guild-driven process:

It is resolved that private development and expansion of the CDS by citizens and development groups is authorized, subject to a retention of ownership and control by the CDS, and subject to development regulation by the CDS.

Further, to facilitate and coordinate this process, there shall be a architectural control department (ACD) which shall regulate and approve or disapprove all new construction and new sim designs. Whenever a citizen or developer wishes to build or modify land in the CDS, the citizen or developer shall submit a design to the ACD for approval and shall build only in a manner consistent with the ACD approval. The ACD shall also have the right to inspect the work and request changes, which shall be implemented by the citizen or developer. In the event the citizen or developer disagrees with a determination of the ACD, the citizen or developer shall have the right to appeal the matter to a land use hearing examiner, who shall be a member of the SC otherwise qualified to serve on the ACD, who shall make a determination either accepting the ACD determination; modifying the ACD determination; rejecting the ACD determination and accepting the developer's alternative, if one is proposed; or rejecting the ACD determination and remanding the matter to the ACD for further action. The ACD shall be composed of three citizens who have participated in the construction at least two CDS sims. The ACD shall also, in cordination with the Guild, create, update and maintain a CDS master plan under which future expansions in land area and themes shall occur. This plan shall be submitted to and approved by the RA.

Such development shall proceed on the following process:

A citizen or developer wishing to develop a sim for addition to the CDS shall follow one of the following two processes:

1. The citizen or developer shall create a construction design and submit that design to the ACD for review and approval; the ACD shall review the proposal and either approve it or send it back for specific revisions (in accordance with any existing master plan for CDS expansion) within two weeks of submission (if the ACD fails to act on the proposal within 2 weeks, it shall be deemed approved); acquire a sim that does not lie within two sim-spaces from the CDS; construct the sim in compliance withe the approved design (with the ACD periodically inspecting the work and requesting modifications within the discretion of the ACD, but subject to appeal); upon completion, the ACD will inspect and approve the sim as final within two weeks of notice from the builder that the sim is final; thereafter, the citizen or developer shall deed the sim to the CDS (through the CDS estate owner), which shall own, operate, sell, and police the sim as a CDS sim, except that initial lot prices shall be set by the builder/developer and proceeds from the sales of those lots shall be paid to the builder/developer.

Or

2. The citizen or developer shall create a construction design and submit that design to the ACD for review and approval; the ACD shall review the proposal and either approve it or send it back for specific revisions (in accordance with any existing master plan for CDS expansion) within two weeks of submission (if the ACD fails to act on the proposal within 2 weeks, it shall be deemed approved); donate sufficient money to the CDS estate owner to allow the CDS to acquire a sim that within two sim-spaces from the CDS and to pay tier on that sim for four months; construct the sim in compliance withe the approved design (with the ACD periodically inspecting the work and requesting modifications within the discretion of the ACD, but subject to appeal); upon completion, the ACD will inspect and approve the sim as final within two weeks of notice from the builder that the sim is final; thereafter, the CDS (through the CDS estate owner), which shall own, operate, sell, and police the sim as a CDS sim, except that initial lot prices shall be set by the builder/developer and proceeds from the sales of those lots shall be paid to the builder/developer. If construction takes longer than four months, the developer shall reimburse the CDS for any tier costs incurred by the CDS during construction.

Upon final completion of the construction, privately built sims shall become part of the CDS and shall not differ from other CDS sims except in the manner in which lot prices are sold and the proceeds from those sales are distributed. Any AV who buys land in a privately built sim shall be a CDS citizen and shall have all the rights, immunities and privileges of citizens.

Further, the CDS shall set up a publicity agency to publicize the CDS and available lots for sale in the CDS. This agency shall publicize all CDS land equally, without regard to whether the land was Guild-built; privately built; or otherwise acquired. The publicity agency shall be an agency under administration of the Chancellor, with a member or members appointed by the Chancellor.

[Patroklus Murakami]

Which part of the Simplicity Party manifesto at the last elections contained this proposal? I find it objectionable that the Simplicity Party (and others) should present proposal after proposal that has not had a public airing at election time and received any kind of mandate from the electorate.

This idea may have merit but it should be put forward as part of an election platform and tested by the citizens' vote, not rammed through the Rump Assembly by a maverick RA member untethered from any constituency.

[Beathan]

Pat --

Are you complaining about a rump parliament of your own creation?

It is true that the details of this plan were not part of the SP platform. However, it is untrue that the details of this proposal have not been the subject of discussion among and consultation with the CDS citizenry for more than a month now.

I think it is silly and stifling to restrict legislation to just those items that were included in a platform. This hogties the RA in a very unwise manner. The RA needs to have the flexibility to respond and adapt to situations and problems that arise between elections. In this case, the RA needs to respond to the developing problems of CDS expansion -- and specifically the slowness of the expansion through our traditional volunteer process.

Beathan

[Patroklus Murakami]

Beathan

No. No. No. You need to *stand for election* and *put up a platform* and have the voters *choose* between competing factions That's what the CSDF did. We said what we would do if we were elected. The problem I have with Simplicity and NuCARE is that you have drafted vacuous statements that amount to motherhood and apple pie and then proceeded to pass the most biased, partisan and illegal legislation that we've seen in CDS history. Your attempt to rig the forthcoming byelections has been shameful. You've transformed the CDS into a virtual Zimbabwe.

One more point about this proposal. I assume that you will either i) recuse yourself from the vote or ii) affirm that you will not benefit from the passage of this proposal by financing (and profiting) from such an enterprise.

[Sonja Strom]

Perhaps we could ask the citizens about their view of this, by putting a referendum question about it on the ballot for the upcoming April Special Election.

[Beathan]

Sonja --

We can't. We don't have a referendum process yet. Further, I don't think that the RA should shunt any matter that might be controversial to the citizens by referendum. I have seen this done in my state, Washington, and it always struck me as proof that the Legislature lacked the political courage needed to lead.

I think that we need to get moving on expansion -- and we need to move in multiple directions at once or else we will fall farther and farther behind. We are at a development logjam -- with nothing notable happening to forward our building projects. We are also at a population logjam -- with no land available for prospective citizens. I deal with logjams the way loggers do here in my home state -- I blow them up.

Beathan

[Sonja Strom]

Beathan, we could work toward creation of a Referendum structure in time for the Special Election, and in theory I believe we could achieve that. Whether or not doing so would fit with other CDS laws is another matter. Yet, I have asked this question directly, and so far no one has referred to any existing law that would stop us from being able to have referendum questions on the ballot by then.

My having asked this question can be found here in "April By-Election": http://forums.slcds.info/viewtopic.php? ... 715#p10506
and here in "Referendum and Initiative": http://forums.slcds.info/viewtopic.php? ... 667#p10507

The reason why I support sending such questions to the citizens for approval/disapproval is because that way everyone would know what the community wants. Why would we as representatives not want the same? If we have a personal view that varies greatly from that of the larger community, we can try to convince others of our view (for example, as I have been doing with wanting some mountains above Neufreistadt), or consider doing our own thing somewhere else (for example, as I have been doing with my dance club ::CONTACT:: on Saturn sim). I want to be clear that I am not saying you should leave the CDS or any such thing - I am very happy you are here!!! . It's only, I don't want to proceed on the 4th sim if doing so is unwanted by the community.

Some background for what I am saying here can be found here: http://forums.slcds.info/viewtopic.php? ... 703#p10503

[Beathan]

Sonja --

Don't worry. I am not likely to ever interpret anything you say as a voice for my exile. Frankly, I have a thick enough skin that I am unlikely to even interpret calls for my exile as anything other than inarticulate expressions of dislike for me -- and I am unlikely to go anywhere (except off the RA, if the voters have begun to find me intolerable).

I am happy to work on a referendum act. The problem is that referenda are a process -- and I don't think we can follow a process just because there is no rule or statute prohibiting it. Processes require specific statutory authorization. Thus, I think that until there is a referendum act in place, we cannot do referenda.

I do think that we should try a pilot referendum process. However, sim expansion should not be an item for referendum at the moment. The problem is that a large part of our community objects to the pace of expansion -- as too slow. This is reflected in most Party Platforms (I think the DPU platform may be the exception). We cannot resolve this concern by proceeding even more slowly. This is an issue where the RA has to bite bullet, do what we think is in the best interests of our community, and live with the consequences if the citizens think we acted wrongly.

Beathan

[mtlundquist]

'Which part of the Simplicity Party manifesto at the last elections contained this proposal? I find it objectionable that the Simplicity Party (and others) should present proposal after proposal that has not had a public airing at election time and received any kind of mandate from the electorate.

This idea may have merit but it should be put forward as part of an election platform and tested by the citizens' vote, not rammed through the Rump Assembly by a maverick RA member untethered from any constituency.'

'No. No. No. You need to *stand for election* and *put up a platform* and have the voters *choose* between competing factions That's what the CSDF did. We said what we would do if we were elected.'

Pat

Let me see.....I'll go re read your manifesto.......ok i didn't find the bit where you all resign and give up your seats......creating a rump parliament (your language)......and how does that help you build the enormous number of sims that you promised in that manifesto.....at least Beathan (and others) are trying to find ways to support the wishes of the people who previously voted for you.....

MT

[mtlundquist]

Beathan, we could work toward creation of a Referendum structure in time for the Special Election, and in theory I believe we could achieve that. Whether or not doing so would fit with other CDS laws is another matter. Yet, I have asked this question directly, and so far no one has referred to any existing law that would stop us from being able to have referendum questions on the ballot by then.

My having asked this question can be found here in "April By-Election": http://forums.slcds.info/viewtopic.php? ... 715#p10506
and here in "Referendum and Initiative": http://forums.slcds.info/viewtopic.php? ... 667#p10507

The reason why I support sending such questions to the citizens for approval/disapproval is because that way everyone would know what the community wants. Why would we as representatives not want the same? If we have a personal view that varies greatly from that of the larger community, we can try to convince others of our view (for example, as I have been doing with wanting some mountains above Neufreistadt), or consider doing our own thing somewhere else (for example, as I have been doing with my dance club ::CONTACT:: on Saturn sim). I want to be clear that I am not saying you should leave the CDS or any such thing - I am very happy you are here!!! . It's only, I don't want to proceed on the 4th sim if doing so is unwanted by the community.

Some background for what I am saying here can be found here: http://forums.slcds.info/viewtopic.php? ... 703#p10503

Sonja

I get your point but the citizens have already spoken. We have a representative assembly. The citizens voted for manifestos which support rapid growth. a fourth sim is not in question. The citizens HAVE spoken

MT

[Beathan]

To get us back on track -- and to modify my proposal to address issues Rose reminded me of (about commerce), I am reposting a modified proposal.

A Bill to Authorize Private Development in the CDS --

Whereas, all factions agree that the pace of development and expansion of the CDS has been slower than that of SL as a whole, and slower than desired by our community;

Whereas, the Guild has done an excellent job in the building and designing of new sims, but, as a volunteer organization, is not able to design and build sims at the desired pace; and

Whereas, there is a pool of human and financial resources in the CDS citizenry that has not been fully tapped through the Guild-driven process:

It is resolved that private development and expansion of the CDS by citizens and development groups is authorized, subject to a retention of ownership and control by the CDS, and subject to development regulation by the CDS.

Further, to facilitate and coordinate this process, there shall be a architectural control department (ACD) which shall regulate and approve or disapprove all new construction and new sim designs. Whenever a citizen or developer wishes to build or modify land in the CDS, the citizen or developer shall submit a design to the ACD for approval. The ACD shall assess the plan in light of the regional plan for the CDS and shall approve, deny or request modifications to the developer's plan in a manner consistent with the regional plan. The citizen or developer shall build only in a manner consistent with the ACD approval. The ACD shall also have the right to inspect the work and request changes in a manner consistent with the regional plan and aesthetic and architectural standards of the CDS, which shall be implemented by the citizen or developer. In the event the citizen or developer disagrees with a determination of the ACD, the citizen or developer shall have the right to appeal the matter to a land use hearing examiner, who shall be a member of the SC otherwise qualified to serve on the ACD and who shall be appointed by the SC. This land use hearing examiner shall make a determination either accepting the ACD determination; modifying the ACD determination; rejecting the ACD determination and accepting the developer's alternative, if one is proposed; or rejecting the ACD determination and remanding the matter to the ACD for further action. The ACD shall be composed of three citizens who have participated in the construction at least two CDS sims. The ACD shall also, in coordination with the Guild, create, update and maintain a CDS master plan under which future expansions in land area and themes shall occur. This plan shall be submitted to and approved by the RA, and shall be resubmitted to the RA for approval whenever it is modified.

Such development shall proceed on the following process:

A citizen or developer wishing to develop a sim for addition to the CDS shall follow one of the following two processes:

1. The citizen or developer shall create a construction design and submit that design to the ACD for review and approval; the ACD shall review the proposal and either approve it or send it back for specific revisions (in accordance with any existing master plan for CDS expansion) within two weeks of submission (if the ACD fails to act on the proposal within 2 weeks, it shall be deemed approved); acquire a sim that does not lie within two sim-spaces from the CDS; construct the sim in compliance withe the approved design (with the ACD periodically inspecting the work and requesting modifications within the discretion of the ACD, but subject to appeal); upon completion, the ACD will inspect and approve the sim as final within two weeks of notice from the builder that the sim is final; thereafter, the citizen or developer shall deed the sim to the CDS (through the CDS estate owner), which shall own, operate, sell, and police the sim as a CDS sim, except that initial lot prices shall be set by the builder/developer and proceeds from the sales of those lots shall be paid to the builder/developer.

Or

2. The citizen or developer shall create a construction design and submit that design to the ACD for review and approval; the ACD shall review the proposal and either approve it or send it back for specific revisions (in accordance with any existing master plan for CDS expansion) within two weeks of submission (if the ACD fails to act on the proposal within 2 weeks, it shall be deemed approved); donate sufficient money to the CDS estate owner to allow the CDS to acquire a sim that within two sim-spaces from the CDS and to pay tier on that sim for four months; construct the sim in compliance withe the approved design (with the ACD periodically inspecting the work and requesting modifications within the discretion of the ACD, but subject to appeal); upon completion, the ACD will inspect and approve the sim as final within two weeks of notice from the builder that the sim is final; thereafter, the CDS (through the CDS estate owner), which shall own, operate, sell, and police the sim as a CDS sim, except that initial lot prices shall be set by the builder/developer and proceeds from the sales of those lots shall be paid to the builder/developer. If construction takes longer than four months, the developer shall reimburse the CDS for any tier costs incurred by the CDS during construction.

Upon final completion of the construction, privately built sims shall become part of the CDS and shall not differ from other CDS sims except in the manner in which lot prices are sold and the proceeds from those sales are distributed. Any AV who buys land in a privately built sim shall be a CDS citizen and shall have all the rights, immunities and privileges of citizens.

Further, the CDS shall set up a publicity agency to publicize the CDS, CDS businesses, and available lots for sale in the CDS. This agency shall publicize all CDS land equally, without regard to whether the land was Guild-built, privately built, or otherwise acquired, and shall publicize all commercial, shopping and event areas,without regard to whether the land was Guild-built, privately built, or otherwise acquired. The publicity agency shall be an agency under administration of the Chancellor, with a member or members appointed by the Chancellor, and shall have its own budget.

Beathan

[Beathan]

Revision --

A Bill to Authorize Private Development in the CDS --

Whereas, all factions agree that the pace of development and expansion of the CDS has been slower than that of SL as a whole, and slower than desired by our community;

Whereas, the Guild has done an excellent job in the building and designing of new sims, but, as a volunteer organization, is not able to design and build sims at the desired pace; and

Whereas, there is a pool of human and financial resources in the CDS citizenry that has not been fully tapped through the Guild-driven process:

It is resolved that private development and expansion of the CDS by citizens and development groups is authorized, subject to a retention of ownership and control by the CDS, and subject to development regulation by the CDS.

Further, to facilitate and coordinate this process, there shall be a architectural control department (ACD) which shall regulate and approve or disapprove all new construction and new sim designs. Whenever a citizen or developer wishes to build or modify land in the CDS, the citizen or developer shall submit a design to the ACD for approval. The ACD shall assess the plan in light of the regional plan for the CDS and shall approve, deny or request modifications to the developer's plan in a manner consistent with the regional plan. The citizen or developer shall build only in a manner consistent with the ACD approval. The ACD shall also have the right to inspect the work and request changes in a manner consistent with the regional plan and aesthetic and architectural standards of the CDS, which shall be implemented by the citizen or developer.

The ACD shall be composed of three citizens, appointed for a term by the Chancellor, who have participated in the construction at least two CDS sims. The ACD shall also, in coordination with the Guild, create, update and maintain a CDS master plan under which future expansions in land area and themes shall occur. This plan shall be submitted to and approved by the RA, and shall be resubmitted to the RA for approval whenever it is modified.

In the event the citizen or developer disagrees with a determination of the ACD, the citizen or developer shall have the right to appeal the matter to a land use hearing examiner, who shall be a member of the SC, appointed by the Dean and otherwise qualified to serve on the ACD. This land use hearing examiner shall make a determination either accepting the ACD determination; modifying the ACD determination; rejecting the ACD determination and accepting the developer's alternative, if one is proposed; or rejecting the ACD determination and remanding the matter to the ACD for further action.

Such development shall proceed on the following process:

A citizen or developer wishing to develop a sim for addition to the CDS shall follow one of the following two processes:

1. The citizen or developer shall create a construction design and submit that design to the ACD for review and approval; the ACD shall review the proposal and either approve it or send it back for specific revisions (in accordance with any existing master plan for CDS expansion) within two weeks of submission (if the ACD fails to act on the proposal within 2 weeks, it shall be deemed approved); acquire a sim that does not lie within two sim-spaces from the CDS; construct the sim in compliance withe the approved design (with the ACD periodically inspecting the work and requesting modifications within the discretion of the ACD, but subject to appeal); upon completion, the ACD will inspect and approve the sim as final within two weeks of notice from the builder that the sim is final; thereafter, the citizen or developer shall deed the sim to the CDS (through the CDS estate owner), which shall own, operate, sell, and police the sim as a CDS sim, except that initial lot prices shall be set by the builder/developer and proceeds from the sales of those lots shall be paid to the builder/developer. The builder shall further agree to give the CDS an unlimited, non-exclusive license with regard to all intellectual property used in the build, and shall warrant to the CDS that the developer has ownership, permission or other rights to use and transfer all intellectual property rights used in the build.

Or

2. The citizen or developer shall create a construction design and submit that design to the ACD for review and approval; the ACD shall review the proposal and either approve it or send it back for specific revisions (in accordance with any existing master plan for CDS expansion) within two weeks of submission (if the ACD fails to act on the proposal within 2 weeks, it shall be deemed approved); donate sufficient money to the CDS estate owner to allow the CDS to acquire a sim that within two sim-spaces from the CDS and to pay tier on that sim for four months; construct the sim in compliance withe the approved design (with the ACD periodically inspecting the work and requesting modifications within the discretion of the ACD, but subject to appeal); upon completion, the ACD will inspect and approve the sim as final within two weeks of notice from the builder that the sim is final; thereafter, the CDS (through the CDS estate owner), which shall own, operate, sell, and police the sim as a CDS sim, except that initial lot prices shall be set by the builder/developer and proceeds from the sales of those lots shall be paid to the builder/developer. If construction takes longer than four months, the developer shall reimburse the CDS for any tier costs incurred by the CDS during construction. The builder shall further agree to give the CDS an unlimited, non-exclusive license with regard to all intellectual property used in the build, and shall warrant to the CDS that the developer has ownership, permission or other rights to use and transfer all intellectual property rights used in the build.

Upon final completion of the construction, privately built sims shall become part of the CDS and shall not differ from other CDS sims except in the manner in which lot prices are sold and the proceeds from those sales are distributed. Any AV who buys land in a privately built sim shall be a CDS citizen and shall have all the rights, immunities and privileges of citizens.

Further, the CDS shall set up a publicity agency to publicize the CDS, CDS businesses, and available lots for sale in the CDS. This agency shall publicize all CDS land equally, without regard to whether the land was Guild-built, privately built, or otherwise acquired, and shall publicize all commercial, shopping and event areas,without regard to whether the land was Guild-built, privately built, or otherwise acquired. The publicity agency shall be an agency under administration of the Chancellor, with a member or members appointed by the Chancellor, and shall have its own budget.

End

These changes incorporate, sidestep or disregard some of the comments in the New Guild Report.

Comments 1 & 2 -- these mostly involve matters internal to the New Guild. However, I expect that, at least initially, the members of the SCD and the Hearing Examiner will be members of the Guild and will likely be the very people who would otherwise serve on the BAC proposed by the New Guild.

Comment 3 -- My proposal does create a new branch of government. My abstract inclination is to agree with the wisdom of avoiding new governmental institutions to the extent possible. However, when considering building codes and architectural standards, I think that it is important to have expert decisionmakers, not merely to have politicians advised by experts as decisionmakers. In other words, it is important to have expertise as close to the point of decision as possible. I don't think that we can do this by expanding the Chancellor's duties to include building review and approval authority, even with the advice and support of the BAC as an informal cabinet.

Comment 4 -- My proposal makes the design and specification process a matter initially developed by the developer, and then reviewed and approved by the ACD. It takes the RA out of the detail-work in sim specification design -- limiting RA involvement to the level of the master plan only. I think that this change is a good one. The RA is not well-suited for the detailed design of sims (as we have seen in the fourth sim proposal, which has involved a lot of back-and-forth concerning the lack of detailed direction provided by the RA). I think that the better process is for the RA to set general, regional policy, which is then implemented in detail by the ACD.

That said, it is wise to work out and refine (and continue to refine) specific contractual documents between the CDS and developers. This can be done as part of the working out of the processes above.

Comment 5 -- I think these concerns mostly involve a process that empowers the developer to a greater extent than my proposal does. However, some of the recommendations should be worked out contractually, as well.

Comment 6 -- My proposal implements models 2 and 3. Three gives more control to the developer, but is limited (in my proposal) when the sim under development is at least 2 empty regions away from the CDS (so we don't end up with a bad neighbor or nearby sim). This addresses a problem that the report (I think) overlooks.

Comment 7 -- I have incorporated language to address this concern.

Beathan

[cleopatraxigalia]

Beathan........nucare applauds your efforts on this and totally thinks that having mulitiple ways to aquire new land is fantastic. As long as we continue to support our precious guild and have this run simultaneously and not in leiu of i think it is fantastic.....................kudos.. thanks for all the good work.

we are in

[Beathan]

Based on conversations with Moon, Gwyn's postings, and further review of the New Guild commentary, I have modified my private sim proposal further.

It is here:

http://forums.slcds.info/viewtopic.php? ... 980#p10980

Beathan

[Sonja Strom]

For a few weeks I have been proposing that the RA try to put a Referendum question about this issue on the ballot for the April Special Election (to be held April 19-26), in order for it to have greater input from the community.

As this proposal might come up for a vote in the next RA meeting on Saturday April 19th (at 9am SLT), I thought I would post the current wording of the bill here:
"Shall a private developer be allowed to work on development of a sim, at their own risk and expense?"

The best thread in the Forum to see how this question came about is here: http://forums.slcds.info/viewtopic.php?f=7&t=1722