Whats next for Alabamas Fort Morgan peninsula?
The question of what to do with unincorporated Fort Morgan first surfaced close to 30 years ago, when a fledgling civic association wrote a zoning ordinance to restrict the height of new condo towers. Since then, the road to redefine Fort Morgan has been fraught with the following: Failed annexation efforts by the city of Gulf Shores, lawsuits, two Alabama Supreme Court decisions, failed incorporation efforts and, more recently, a fruitless effort create a landmark district. No significant change has occurred to this thin piece of beachfront peninsula that stretches 20 miles west of Gulf Shores and remains a popular spot for tourists. Fort Morgan remains unincorporated and without full-time police or fire services or ordinances establishing local laws, although representatives with the Fort Morgan Civic Association would like to establish their own municipality. Fort Morgan is unique, said Joe Emerson, president of the Fort Morgan Civic Association. We have a swath of federal land making up a majority of the area. We also have a bustling community when it comes to the tourism industry. We might have as many as 20,000 people here (at a given time). When you have that kind of density and no way to provide what is expected regarding public safety resources, thats an issue.  The pressure is on to do something about Fort Morgan, sparked by the heightened concerns over public safety following high-profile drownings. The Gulfs rough surf near the foot of the Mobile Bay coupled with a lack of warning systems along the private beaches that consume most of Fort Morgan, have created a public safety worry for public officials. Those concerns were catapulted into the public eye following the June 5 drowning death of Baldwin County Sheriffs Deputy Bill Smith, during a rescue call. The peninsula remains largely unregulated and is policed by the Sheriffs Department, which is analyzing ways to beef up public safety. The whole community is reeling since the death of Deputy Smith, said Emerson. Its an absolute tragedy and is something that is just really affecting the community.  Annexation again  Historic Fort Morgan lies at the western tip of the largely undeveloped, 20-mile peninsula that bears its name. (file photo)  At the same time, a new state law restricting the future size of police and planning jurisdictions is being analyzed by city officials throughout Alabama. And that includes Gulf Shores, where the citys Planning & Community Development Director Lee Jones told the Gulf Shores Planning Commission during a June 22 meeting that the city will analyze Alabama State Route 180, also known as Fort Morgan Road. It is the only main road leading into and out of Fort Morgan. Jones told AL.com this week that there are no plans to push, once again, for a city annexation into Fort Morgan. The last time the Alabama Supreme Court ruled on the issue was in 2014, denying Gulf Shores quest to annex Fort Morgan. The decision seemingly ended annexation talks that began in 2003, when the city first pushed to incorporate Fort Morgan Road. Emerson said that Jones statement does not match up with what was said during the commissions meeting when, he said, they were literally discussing an attempt to annex Fort Morgan during the planning meeting.  Commissioner Pete Vakakes, during the meeting, said that Fort Morgan has no safety requirements on its beaches. Beach flag-warning systems, for instance, are present in Gulf Shores and Orange Beach, and both cities also have trained lifeguards stationed along the beach. Fort Morgan, consisting of mostly private properties, has neither. Im not downgrading the county, but I am just saying that I think they are missing (out) when they realize what they miss by not having (the city) out there, Vakakes said. Jones said the citys analysis of potential annexation targets will include Fort Morgan Road. The Fort Morgan Civic Association does not support annexation and prefers that the peninsula maintain its independence. Its a benefit to the county to have our resources there, Jones said during the meeting. Its also a cost to the city to have those resources there. Well be weighing a lot of those things as we look at our municipal boundaries.  Jones, during the AL.com interview, said the primary focus for future annexations are not along Fort Morgan Road, but along County Road 6 and County Road 8. Both of those areas are north of the citys existing limits. We get annexation requests in those areas in a regular basis, said Jones. I dont anticipate the boundary, or at least the municipal limits, (changing) on Highway 180. I dont expect them to change much into the future. Of course.  Police, planning jurisdictions  The examination of Gulf Shoress boundaries, and expectations for future annexations a decade or more into the future, is expected to be finalized by July 26. The analysis is occurring ahead of the implementation of new Alabama law that freezes police jurisdictions  the areas extending 1-1/2 miles to 3 miles outside a municipalitys boundaries  so they cannot expand as a city grows through future annexations. The planning jurisdictions, which can sprawl up to five miles can give cities leeway to enact ordinances and adopt city plans on non-residents, will be limited to 1.5 miles. State Senator Chris Elliott, R-Daphne, sponsor of the new law, said it goes into effect next month. But he is worried about confusion over what it does or does not do. Elliott said the law does not address public safety issues, such as those within Fort Morgan. It freezes (police jurisdictions) where they exist today so they cannot continue to growth (with future annexations), Elliott said. It has no impact on fire or paramedic coverage at all. It does not produce mutual aid agreements between municipalities and volunteer fire departments.  He added, From a public safety standpoint, I would challenge anyone to say it has an affect on any public safety whatsoever.  Fort Morgan relies on a volunteer fire department, though Sheriff Mack recently created a full-time Beach Patrol to monitor the peninsula. Smith, who tragically died in the Gulf waters while saving a drowning swimmer, was one of the first members of that patrol. Baldwin County Commissioner Charles Skip Gruber said he anticipates Mack pitching a safety proposal for the peninsula during the countys upcoming budget sessions, which begin next month. We are working with all of our partners to evaluate how we can better serve the dynamic growth of the Fort Morgan area, said Mack. In the coming weeks, we will have several discussions about how we can enhance public safety presence.  Landmark district, incorporation  State Rep. Steve McMillan of Gulf Shores (John Sharp/jsharp@al.com). For now, efforts to advance legislation creating a landmark district for Fort Morgan, or to push for incorporation, are on hold. A landmark district, in a nutshell, prohibits municipalities from incorporating within the districts boundaries. The passage of the new police and planning jurisdictions restrictions prompted Gulf Shores Mayor Robert Craft, in an April 15 letter to state Rep. Steve McMillan, R-Gulf Shores, to hold off on introducing legislation to create a landmark district for Fort Morgan. Craft, in his letter, said timing is not a factor as the proposal would be approximately 18 months ahead of the 2022 elections, which is the soonest the landmark designation could go to the voters. Emerson said the Fort Morgan Civic Association is angling for the landmark district and was hoping McMillan would have sponsored it during the spring legislative session. Emerson said the blame belongs with McMillan, who he blames for the stalled legislation that requires only approval from state lawmakers in Baldwin County. McMillan said he believes the best solution is for the association to meet with Gulf Shores and Baldwin County officials and create an authority that will oversee the governance of the peninsula. The really frustrating thing for me is they both (the city of Gulf Shores and the Fort Morgan Civic Association) want the same things  low density, minimal commercial development, said McMillan. Its a question of sitting down and putting something in writing to look at.  McMillan said that the biggest concern from Gulf Shores remains with the increasing traffic along Route 180, which funnels directly into the city and onto congested Alabama State Route 59. There is only one way in and one way out and it has to go through Gulf Shores, and they have to accommodate them, said McMillan. Another issue facing Fort Morgan is whether the Civic Association can incorporate. Emerson said there are more than enough permanent residents to create a town under Alabama law, which is to have a population of 300 or more. But McMillan said that the peninsula is split into non-contiguous parts that prevent the Civic Association from its incorporation efforts. Alabama law requires contiguity as a prerequisite for incorporation. We have 670 registered voters out there, said Emerson. It seems to me that we could find those numbers. If were talking about matters of public safety and ways to make it better (in Fort Morgan), why not talk about a legislative incorporation?  Elliott said that incorporation might not be the best bet. He noted that Perdido Beach, a town of 581 residents which incorporated in 2009, has a slim budget and still and relies on Baldwin County to provide basic services. There is not enough of a tax base there to operate a government, said Elliott. Their annual budget is less than $200,000 a year. They dont provide services. The county provides it and you wonder, Whats the point?  Elliott said he believes the best bet, for right now, is to work with the Sheriffs Department to boost public safety to the peninsula. Im committed to working with the Sheriffs Department and the County Commission to ensure the funding is there for public safety in high tourist areas where the resident population cannot and should not be expected to fund public safety activities for the tens of thousands of visitors who are there on a regular basis, Elliott said.