April 24, 2018

Last night, the Birmingham Crossroads variance was denied.  This was absolutely the right decision.  It was a victory for citizens.  I am quite sure that the variance would have been approved if citizens had not protested so loudly and had not shown up in numbers to express their opposition.

A false choice was presented last night between Utopian and Dystopian futures for the Southeast corner of Birmingham Crossroads . . . both futures conveniently created by the applicant. 

The Utopian vision was the developer’s proposal to build a wonderland without a buffer.  His vision was colorized.  There were beautiful artist renderings–mostly in rich and verdant greens.  There was a quaint village feel . . . you could almost taste the front porch lemonade and see forest sprites peeking from behind the bushes and trees.

The Dystopian vision (of the parcel with a buffer) was drab . . . painted in black, grays, and white.  No beautiful artist renderings . . . just a sterile, two-dimensional site plan.  The buffer was merely a white rectangle . . . a featureless no man’s land.  No quaint village, but rather dreary proletarian housing.  This was the developer’s “threat plan” . . . what he asserts he will build if denied his variance.

The contrast was stark.  It might have hoodwinked some Council members, but citizens were not fooled for a second.  Grizzled veterans from previous zoning battles once again streamed into City Hall to let Council know unequivocally that we were not buying what Oak Hall was selling.  With some obvious reluctance (from some council members), Council sent the developer and his attorney packing.

The denial of the variance certainly cheered citizens.  However, the biggest victory was for good governance.  The rule of law in Milton was upheld.  The importance of this victory cannot be overstated.  You see, before the meeting, Mayor Lockwood has asserted “Average citizens does not care about process.  They only care about outcomes.”  He further asserts that process was only important to a very small group of citizens, like me, that follow city government.  I will never accept this notion.  Never.   Last night citizens strongly asserted that they do care about process . . . about the rule of law . . . about fairness . . . about transparency . . . about honesty . . . about competence.  These are all elements of a good process.  And I think citizens believe–at least instinctively–that a good process will lead to good outcomes.

Generally (but sometimes reluctantly) I have supported Mayor Lockwood.  However, I find Mayor Lockwood’s opinions about “average” citizens troubling and just plain wrong.  Of course, on any given issue, Mayor Lockwood has a more informed opinion than an “average” citizen, but that does not mean Mayor Lockwood is right about any particular issue.  And more importantly, I assert that the collective wisdom of citizens always trumps the wisdom of 7 council members.  Always. 

Mayor Lockwood protests that council members are not monkeys and that if it were so easy, a computer would make all of the decisions for the city.  What he is implying is that we expect elected officials to exercise judgment.  And I wholeheartedly agree with him.  However, that judgment must be exercised within the boundaries of the rule of law.  So yes, process, which includes adherence to the rule of law, is important.  In fact, process and the rule of law ensure that citizen prerogatives are protected and advanced, as it keeps politicians in check.  Process and rule of law devolve power to the people and away from politicians, much to the chagrin of most politicians.  So yes, we expect good judgment from elected officials, but also respect for the rule of law.

Last night’s denial of the variance also produced other victories for citizens.  Citizens once again faced down a developer who had been effective in his intimidation of Council.  A strong message was sent to developers that threats will not work in Milton and, in fact, might actually backfire on developers.

With the denial of the variance, Council also avoided setting a dangerous legal precedent–i.e. that buffers and setbacks are malleable.  Variance approval would have prompted other developers to demand equal treatment, and buffers and setbacks all over Milton would have been vulnerable.

Thanks to citizens that showed up and spoke up at this hearing and the previous hearing, including Julie Bailey, Cleveland Slater, Bill Bailey, Joan Wunderle, Daniel Fernandez, David Damiani, Sharon Mays, Kurt Nolte, Vince Taylor, Joe Whitley, Tony Outeda, and Heather Creran.  Thanks also to Arnie Moore and Diane Maloney, who showed up to speak but were not permitted because of a technicality.  Thanks also to the many citizens that showed up to support the speakers.  Lastly, thanks to all of you that visit this blog.  Over the last 48 hours, the blog has logged nearly 900 visitors and over 1,100 hits.  Please consider subscribing to the blog to receive posts by email as they are published.  Informed and engaged citizens are key to good governance.

Advocating to clean, competent, courageous, and citizen-centric government,

Tim Becker