Month: February 2018

Good Governance, Milton City Council

State of the City: Mayor Gives Credit Where It Belongs . . . To Citizens

Posted on by Milton Coalition

State of City

March 6, 2018

Last week, Mayor Joe Lockwood delivered a “State of the City” speech.  The speech was preceded by a nice cocktail hour, paid for by the Chamber of Commerce and catered by local vendors (including Cheeses and Mary).  The Mayor spoke to a packed City Council Chamber.  He was followed in his remarks by short updates from each of the city’s department heads.  The City Manager, Steve Krokoff, gave introductory and closing remarks.  It was quite a nice event.

The State of the City event was powerfully symbolic of positive changes that have occurred in the City over the past 2+ years.  This change has been steady and substantive.  As with all “State of . . . ” speeches, the mayor recited the positive achievements of the City and painted an uplifting vision for the future.  Mayor Lockwood acknowledged the contributions of the City Council (including former council members), city staff, and county/state officials.  However, Mayor Lockwood reserved the most credit for the city’s success to citizens, where it rightfully belongs.  This was condign acknowledgment of the role citizens have played in the progress of the City.  The Mayor’s remarks highlighted the exceptionalism of Milton, owing to the specialness of its citizens.  However, Mayor Lockwood went even further with his remarks.  Mayor Lockwood not only acknowledged Milton’s citizens, he challenged Milton’s citizens to engage in our city government.  And “challenge” was the perfect word, as it demonstrates our new city council’s recognition that good governance is directly correlated with citizen engagement.  Our founding fathers were acutely aware of this correlation.  They understood that consent of the governed meant much more than free and fair elections; they knew that good governance required active participation of citizens.

I especially liked that Mayor Lockwood was specific in his challenge, recommending 9 actions to citizens:

  1. Attend a city council meeting.
  2. Reach out to council members.
  3. Participate in a community planning event (e.g., a Community Zoning Information Meeting).
  4. Respond to a community survey.
  5. Follow local government on social media and post a comment.
  6. Sign up to participate in the citizens’ government academy.
  7. Visit a fire station.
  8. Chat with a Milton police officer.
  9. Attend one of the City’s special events.

Mayor Lockwood also asked for a show of hands from citizens that were at the new City Hall for the first time.  It was refreshing to see a few dozen raised hands, evidence of new faces and voices in our city government.

SOC Audience

Mayor Lockwood’s speech was indicative of recent positive changes in our city government.   The speech was a clear signal that citizens will not only be heard and respected by our local government, but citizens will be proactively engaged in local governance.  This emphasis on citizens is evident in our new council, whose proceedings are marked by professionalism and integrity.  I believe that a new day is dawning in Milton’s governance . . . governance recognizing that our great citizens can make Milton America’s greatest small city . . . but only if we proactively engage those citizens.

Advocating For Citizens,

Tim Becker

Smart Land Use

Key Question For Birmingham Crossroads Developer: What Benefit Will Requested Variances Provide to Citizens?

Posted on by Milton Coalition

February 26, 2018

An important Community Zoning Information Meeting (CZIM) is being held at Community Place (right next to City Hall) at 7 pm on Tuesday, February 27th.  This CZIM concerns the development of the southeast quadrant of Birmingham Crossroads.  The developer is seeking 2 zoning modifications with 2 concurrent variances.  This means that the developer is seeking waivers for 2 of our zoning rules.  Such zoning requests almost always involve a developer seeking higher density than existing zoning rules allow and thus improving the profitability of his project.  In this case, the developer is seeking relief from two zoning rules:

  1. The Birmingham Crossroads master plan requires that the village green be 13,000 square feet.  The developer wants to reduce its size by 900 feet to 12,100 feet.
  2. The developer’s project combines land that is within the footprint of the Birmingham master plan with land that is outside of (and to the south of) the master plan footprint (and zoned AG-1).  The builder is requesting to entirely eliminate the required 75-foot buffer between these 2 parcels.

Generally, I am opposed to any waivers to our zoning code, unless they result in a clear and demonstrable benefit to the public, evidenced by strong public support for such variances.  I have read the developer’s proposal and it does not provide any discussion of such public benefit.  Rather, the developer claims that the current zoning represents a financial hardship that is preventing him from developing his properties.  At the CZIM, the developer should explain why the zoning modifications will benefit the public.  That is, how will the modifications result in a better development for the community (and not just increased profits for his company)?

Some background might be useful in understanding this request.

  • Many years ago, commercial developers submitted proposals for developing Birmingham Crossroads.  Nearby residents organized to fight what they believed were proposals to over-commercialize the Crossroads community, which was then in unincorporated North Fulton County.  Leading the resistance was the Birmingham-Hopewell Alliance.  A compromise was eventually reached creating a master plan that confined commercial/high density development to a 27-acre footprint.  Included were a number of stipulations (e.g., village greens) that were intended to ensure the development would respect the rural character of the surrounding area.
  • In 2014, a rezoning was approved that eliminated a 10,000 square foot daycare facility and allowed a combination of detached single family homes and town homes (vs. just town homes).
  • A rezoning by the current developer was requested in 2016.  That rezoning would have eliminated most of the commercial square footage.  All of the required commercial space along Birmingham Highway would have been replaced with townhouses.  A number of nearby residents, myself included, opposed the rezoning, which was denied 6-1 (with only Mayor Lockwood voting to approve).
  • A zoning modification for the Publix shopping center was approved (4-3) in 2017 that eliminated some of the village green to allow construction of an interior road and additional parking spots.  A number of residents spoke, myself included, spoke against approval.
  • In January 2018, the Design Review Board approved demolition of existing structures in the southeast quadrant in anticipation of the property being developed.

I am keeping an open mind about the developer’s proposal.  However, I am not buying his hardship argument.  I believe he can profitably develop the parcel, without the variances.  Accordingly, the developer will need to make a case that the requested variances allow him to build a better development that will demonstrably benefit the community.  Otherwise, he should abide by the current zoning regulations.

Tim Becker

Former Councilman Bill Lusk, Milton City Council, Smart Land Use

Hamby Sewer Extension Denied! Another Win For the Community!

Posted on by Milton Coalition

Sewer Creep

February 22, 2018

Last night, citizens witnessed the first tangible benefits of the new composition of Council resulting from the addition of Laura Bentley and Peyton Jamison.  The extension of sewer on the south side of Hamby Road was denied.  I am quite sure that this extension would have been approved in December–before Bentley and Jamison were elected to Council.  Bentley made the motion to deny; Jamison seconded the motion.   Council denied the extension.  It was a beautiful moment for citizens.

I believe the sewer extension would have been approved in December under the previous council.  And in fact, Laura Bentley’s opponent in the election, Mr. Bill Lusk, was lobbying for approval of this sewer extension, even before the facts were known.  Last night’s vote was 6-0, but don’t be fooled by that.  I believe both Councilmen Kunz and Mohrig would have voted for this sewer extension in December.  I base this opinion on their previous voting records, their questions and comments last night, and my experience with both council members.  And Kunz’s video (discussed below) provides clues to his true views on this matter.  Having said that, I think any rational person, perhaps including Mr. Kunz and Mohrig, would have had a difficult time voting for this extension, considering that citizens and City staff blew gaping holes in the developer’s plan last night.

Three of us spoke last night in opposition to the sewer extension.  Thanks to Cleveland Slater and Julie Bailey for their impassioned and fact-driven arguments.  We are truly blessed to have citizens that invest copious amounts of time to understand these complex issues and advocate for their fellow citizens.  Both Cleveland and Julie do so motivated by nothing more than a love for their community.  Following are videos of both citizens.  (I am intentionally leaving out my video as I cannot hold a candle to these two.)

By the way, it takes a lot of courage to address Council.  A lunatic fringe in Milton, supported by current (Kunz) and former council members, have used various bullying tactics to abridge the exercise of basic political freedoms in Milton . . . but alas, to no avail.

Warning!  The Hamby Road sewer issue is not fully resolved.  Council only denied the request to extend sewer to the portion of the Hamby Road development where the developer acknowledged he did not have a right to sewer.  The issue of whether he is entitled to sewer on the 18-acre parcel that is/was part of the Manor must still be decided.  The City Attorney is currently analyzing this issue.  However, it should be noted that our same City Attorney advised Council 10 years ago when Council passed a motion to ban sewer in all unplatted areas of the Manor.

Now to Councilman Kunz’s video.

Kunz’s video demonstrates that Mr. Kunz either lacks a basic command of the facts or else he is showing his long-held bias towards sewer . . . or probably both.  Mr. Kunz contends that sewer is “already allowed” in one area (18 acres) south of Hamby.  This is 100% false.  Whether sewer is “already allowed” is the question that the City Attorney is researching and the question the City (perhaps Council) must ultimately answer.  Later Kunz actually refers to this 18-acre area as “sewered.”  Again, this is 100% false.  No part of the south area of Hamby is sewered.  NONE.  Period.

Mr. Kunz justified his no vote by stating that he was “confused” about the issue.  And he characterizes staff’s objections to the developer’s site plan as “questions.”  This is a disingenuous description of staff’s comments, which were generally definitive and specific.  Staff was clear that the developer’s 10-lot and 8-lot proposals were higher density than existing zoning laws would allow.  My sense is that the developer could legally only build 5 homes on the site, so half the number of homes he claimed were possible.  Furthermore, the marketability of some of these lots/homes would be questionable.  (BTW, I applaud Mr. Kunz’s for publishing these post-Council wrap-up videos, but he has an obligation to not misstate the basic facts, especially in his position as an elected official.)

Lusk PhotoLastly, former Councilman Bill Lusk was a no-show at last night’s council meeting.  Mr. Lusk’s opinion is that Milton’s development should be “left to the professionals.”  Because of their professional degrees, licenses, and certifications, Mr. Lusk believes these so-called professionals are beyond reproach.  Well, last night, we saw a “professionally prepared” site plan (once again) thoroughly discredited by a few lowly citizens.  And we saw a new city council that expertly sorted through the issues, squarely deciding in favor of citizens and against reckless development . . . proof that elections matter.

Tim Becker

Former Councilman Bill Lusk, Smart Land Use

Sewer Creep To The South Side of Hamby Road?

Posted on by Milton Coalition

Sewer

February 20, 2018

Tomorrow (Wednesday) night, City Council will consider extension of sewer to the south side of Hamby Road.  As many readers know, extension of sewer has been a contentious issue in Milton.  All sitting Council members have vowed at one time or another not to extend sewer.  And yet sewer has been extended 4 times in the last 4 years, most recently with the approval of a rezoning on Hopewell Road just south of the Vickery Crest subdivision.

Milton’s sewer map governs where sewer can and cannot go.  There should be no exceptions made.  The confinement of sewer to a small area of Milton has spared Milton the uncontrolled, high density development that we observe in neighboring cities.  Milton’s lower density development is a key driver of Milton’s rural character and charm.  Please consider attending tomorrow night’s City Council meeting and speaking against the extension of sewer in Milton.  Following is a letter that I sent to City Council  this afternoon that provides a more in-depth perspective on this Hamby Road sewer extension.

Following is a link to a previous blog post on sewer creep in Milton:

Sewer Creep = Higher Density = Higher Developer Profits

Thanks for your continuing engagement on civic matters in Milton.  Your voice matters!

**********************************************************************************

Dear Mayor and City Council:

I am writing to express my concerns about the extension of sewer to the south side of Hamby Road.  This issue needs to be divided into two parts:

  1. Extension of sewer to lots that are wholly within the footprint of original Manor parcel.
  2. Extension of sewer to lots that are partly or wholly outside of the footprint of the original Manor parcel.

With regards to the first part of this issue, in 2008, our City Council was quite clear in its decision not to allow extension of sewer to the south side of Hamby:

Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor subdivision within the City of Milton occurring after the date this motion is approved.

Accordingly, the only question that must be answered is whether there are other decisions, agreements, etc. that conflict with this City Council decision.  And if they conflict with the 2008 decision, do they supersede the 2008 Council decision?  This requires an opinion from our City Attorney, who (I assume) advised the City in 2008 and (I assume) would have steered Council away from a decision that was superseded by other agreements.

(As a side note, I am not completely comfortable with Jarrard and Davis advising the City of Milton on this issue.  Jarrard and Davis’s representation of both Forsyth County and Milton represents a real and substantive conflict of interest.  And it is this substantive conflict of interest that originally prompted us to seek outside counsel in this matter.  I have supported previous waivers of conflict of interest for J&D because the waivers involved relatively minor matters and the described conflicts of interest struck me as tenuous.)

With regards to the second part of this issue (extending sewer to lots partly or wholly outside of the footprint of the original Manor parcel), no legal issues are involved; extension of sewer would be purely at the discretion of Council.  Council should deny this request for any or all of the following reasons:

  • Citizens have been very clear in their opposition to any and all extensions of sewer.  Over 1900 voters signed a petition against such extensions, pledging to vote against any City Council member that votes for such extensions.  This citizen opposition has been expressed in countless letters to Council and comments before Council.  In the most recent election, the anti-sewer candidate garnered 71+% of the vote against her pro-sewer opponent.
  • Higher density housing and further sewer extension inevitably follow in the wake of these decisions to extend sewer.
  • Each extension of sewer sets a precedent for further sewer extension.  The four sewer extensions that have been approved over the past 4 years have weakened the city’s position in future lawsuits that might filed against the City by developers.
  • The Manor sewer system has a checkered past—both technically and financially.  Why would we allow it to service any more homes?  The Manor sewer’s issues prompted Forsyth County to assume ownership and operation of the system.  The former HOA manager of this system has testified before Council to the many technical issues he experienced.  Forsyth County has banned such private sewer systems, partly citing technical issues.  In a May 2017 incident, over 9000 gallons of raw sewage were released from the Manor sewer system into Chicken Creek, causing issues downstream (e.g., algae blooms in King Lake).
  • My opinion is that this request for sewer is little more than a profit maximization scheme.  The developer clearly has purchased (at a significant discount) a clearly marginal tract of land with many restrictions placed upon it—token recompense for the many sins committed in the development of the Manor.  He is now coming to Council with a scheme to mitigate those restrictions and thereby increase his profits.

Thank you for considering my perspectives.

Respectfully,

Tim Becker

Postscript:  Former City Councilman Bill Lusk has been lobbying City Council to approve the Hamby Road sewer extension.  Mr. Lusk (along with current Councilman Matt Kunz) voted for every previous sewer extension (and also every residential rezoning to higher density that has passed in Council).  Mr. Lusk’s overwhelming defeat in the 2017 election is already paying dividends to the citizens of Milton.

Lusk Photo

Birmingham Park

Work Day at Birmingham Park Exceeded Expectations

Posted on by Milton Coalition

February 5, 2018

This past Saturday’s work day at Birmingham Park was a great success.  We actually had more volunteers than we expected.  About 40 citizens signed up to help; nearly all of them showed up.  We estimate that we had about 50 volunteers, which included a dozen or more walk-ups.  We had 7 crews cleaning up the trails.  Every trail was groomed.  The focus was on creating enough room on the trails for horseback riders.  Trees that had fallen across the trails were removed and some signage was adjusted.

A lot of hard work went into organizing this work day.  Thanks to Larry Covington for leading this effort and being the primary point-of-contact.  Thanks to the Equestrian Committee for sponsoring this effort; most/all members were working on Saturday.  Thanks to the Friends of Garland Mountain, several of whom were present to help and advise.  Thanks to Milton’s volunteer emergency responders, who served as safety monitors.  Thanks to Courtney Spriggs for helping with the coordination of this event.  Thanks to Council Member Bentley for helping; it’s always nice when our elected officials support these efforts.  Lastly, thanks to all the citizens that showed up on a cold Saturday morning to work.  It was especially heartening to see so many kids helping out.

Birmingham Park is vital to honoring and preserving Milton’s equestrian heritage.  For decades, Birmingham Park has afforded our equestrian community a safe and enjoyable venue for riding horses.  Milton’s urbanization has made  Birmingham Park increasingly vital to our equestrian community.  Forty years ago, it was not uncommon to see horseback riders riding alongside roads in North Fulton.  Friends tell me that they even rode their horses to downtown Alpharetta.  However, those days are long gone.  Thankfully, our equestrians have Birmingham Park.  The park’s size and topography provide a fantastic setting for Milton’s many equestrians, as well as for other Milton citizens seeking the pleasures of passive parks–e.g., Milton’s hiking/walking communities.

 

Birmingham Park, Equestrian

Reminder: Work Day at Birmingham Park . . . A Milton Treasure in Need of Some TLC

Posted on by Milton Coalition

Park 4

February 1, 2018

This post is a reminder that there is work day scheduled for this Saturday, February 3rd (10 am to 2 pm), at Birmingham Park.  We will be clearing the trails for our equestrian and hiking communities in Milton.  We have gotten a good response to our calls for volunteers, but certainly would welcome more help.  We welcome folks of all ages at all skill levels.  See my last post for more information on this event.

I want to thank Larry Covington for his leadership on this effort.  Larry is a 40+ year resident of Milton who cares deeply for our community.  It is not easy to organize these sorts of events . . . it takes lots of time and effort.  Thanks, Larry.

I want to leave you with some photos of Birmingham Park.  The park is truly a treasure for Milton residents . . . a treasure that needs to be protected and cared for.  Due to its size, location and natural beauty, Birmingham Park is a place where citizens can truly get away from their overly scheduled/structured lives and enjoy nature in a rustic setting.  Such a park will become increasingly valuable as Milton continues to grow.  It is worth a modest investment of time to keep it usable and nice for our community.  Thanks for your help.