The run-off for Milton’s District 1 City Council seat is November 30^th.  The two District 1 candidates are Ms. Jami Tucker and Ms. Andrea Verhoff.  So far, both candidates have disseminated mostly vague and vanilla positions on various issues.  However, playing it safe in Milton does not win elections.  Milton’s voters are smart, caring, and discerning.  Voters can usually smell BS, and right now the there is a fetid odor permeating Milton.  Candidates have been especially ambiguous about their stances on land use.  However, I strongly believe the winning candidate will be the one that enunciates specific positions on land use that best align with citizens’ perspectives. 

As I have often discussed at this blog, land use issues overshadow all other issues in Milton.  Council spends 70-80% of its time on land use.  The remaining development potential of land in Milton is $1B to $3B.  That much development money sloshing around is bound to distort politics/governance in Milton . . . and it has . . . to the detriment of the community.  Developers have not been shy about recruiting and financing candidates that will do their bidding at Council.  And that developer influence has metastasized in myriad ways:  rezonings to higher density; approvals of bushels of variances; repurposing of use permits through variances; 5 extensions of sewer; passage of developer-friendly ordinances; and selective enforcement of zoning regulations by staff.

I suspect that neither District 1 candidate really understands much about land use processes or policy . . . or has even given them much thought . . . not unlike many sitting members of Council.  Like all politicians in Milton, Ms. Tucker and Ms. Verhoff have paid obligatory homage to Milton’s rural heritage.  And they have promised to uphold Milton’s Comprehensive Land Use Plan (CLUP).  However, the CLUP is not legally binding and it is often vague, and thus open to differing interpretations.  Conversely, Milton’s zoning laws are legally binding and much more precise.  Milton’s zoning laws have been honed over time and reflect case law and long-standing land-use practices.  Ideally, zoning codes should also incorporate into law the intent of the CLUP.  Accordingly, it is much more important that candidates pledge to uphold Milton’s zoning laws (than Milton’s CLUP).  

Through this blog post, my objective is to assist the candidates in refining their positions and more importantly, to help citizens make better decisions about the two District 1 candidates.  Accordingly, I have formulated a baker’s dozen of land-use commitments that I hope both candidates will embrace and that might serve as a guide to citizens in sizing up the candidates.  These 13 land-use commitments reflect common sense and long-standing zoning practices.  They are not radical in the least.  These commitments also offer a solution to many land-use problems in Milton that have caused deep division . . . they offer a reasonable path to a logical, coherent, consistent and citizen-centric land-use policy that respects the rule-of-law—a bedrock principle of good governance.  The commitments are based on principles of fairness, transparency, rigor, and accountability.  These principles are meant to level the playing field for citizens, with an emphasis on protecting citizens’ property rights and values, while blunting the pernicious backroom influence of Special Interests in Milton.  My strong belief is that a candidate unwilling to make and honor these 13 land-use commitments does not deserve the votes of Milton’s fine citizens.

1. Citizens Right to Enjoyment of Their Property.  I believe citizens have a right to enjoyment of their property and therefore citizens are entitled to reasonable certainty regarding: 1) permissible uses of nearby properties and 2) granting of variances (or other deviations from our zoning law).
2. Granting of Variances.  I will follow historic zoning practice and I will only vote to approve variances for minor deviations (from zoning law) and only when hardship is clearly proven.  I agree with and will follow the City Attorney’s advice on variances (as articulated in the video at the bottom).
3. Use Permits.  I am opposed to re-purposing of special use permits with variances to sanction uses not currently allowed under Milton’s zoning laws.  If the community desires that properties be approved for new purposes not currently allowed, then council must follow the process for creating a use permit for that new purpose and only approve new uses that are overwhelmingly supported by the community.
4. (Rare) Exceptions for Major Variances.  For exceptional cases where a variance seems prudent for a major zoning deviation and/or hardship cannot proven, I will insist on overwhelming support (80+%) from nearby residents.  I will not interpret lack of community opposition as support for such variances; I will proactively seek the input of nearby residents when major variances are being considered.  In exchange for approval of exceptional major variances, I will insist upon conditions that provide benefits to the community commensurate with benefits provided to the developer-applicants who are being granted a major variance.
5. Upholding the Rule of Law.  I advocate for strict adherence to Milton’s zoning ordinances.  I will always uphold the rule of law.  I understand that some discretion is allowed within the boundaries of the rule.  Within such boundaries, I will bow to the will of citizens.
6. Maintaining/Strengthening Milton’s Zoning Laws.  I will never vote for any proposal that relaxes Milton’s zoning laws, except to approve 1) new use permits or 2) re-zonings that are overwhelmingly supported by the community—most especially nearby residents.  I will work hard to close loopholes, eliminate inconsistencies, and increase clarity in Milton’s zoning laws.
7. Fairness for Citizens.  I pledge to work to improve Milton’s zoning processes and level the playing field for citizens.  This includes giving citizens equal opportunities to speak and the last opportunity to speak at all zoning hearings.  It also includes providing document packets for all zoning hearings at least 10 days in advance of such hearings (to allow citizens sufficient time to review the zoning application and supporting documents).  I pledge to work with Milton’s representatives to the Georgia State Assembly to revise state laws that present hurdles to citizen participation in the zoning process (and more broadly in local politics/governance).
8. Campaign Contributions from Developers.  I will never accept campaign contributions from developers or from others with a substantive interest in development. 
9. Meeting With Developers.  I will never meet one-on-one with developers or their representatives.  I will only participate in such meetings with staff present.
10. Comportment of Developers Before Council.  I will not tolerate developers or their representatives threatening or lying to Council/staff or otherwise acting in bad faith.  I will not tolerate developers or their representatives interrupting or demonstrating other disruptive behavior at Council.  When appropriate, I will use “point of order” to appropriately admonish developers at Council meetings.
11. Videotaping CZIMs.  I advocate video-taping of all Community Zoning Information Meetings.
12. Sewer Extension.  I will never vote to extend sewer beyond areas where it is currently permitted by sewer maps.
13. Town Hall Meetings.  I support transparency and honesty in zoning hearings.  Accordingly, I support quarterly video-taped town-hall meetings where citizens can engage council in respectful, two-way dialogue to better understand Council members’ reasoning in zoning (and other) matters.

Land-use is complex and I could elaborate much more . . . but won’t.  The above 13 commitments represent a good starting point for putting Milton on a better path to sensible land use and attractive community development that reflect the prerogatives of citizens while respecting the rule of law.  However, I encourage Ms. Tucker and Ms. Verhoff to supplement and strengthen this list of commitments and make it their own. Citizens deserve honest, clear, and specific commitments about land use from candidates for Council.

Advocating For Smart Land-Use,

Tim

In 2018, Council flagrantly disregarded the advice of the City Attorney and Milton’s variance laws to approve the elimination of buffers at Birmingham Crossroads, thereby creating legal precedents that have the potential to eliminate important zoning protections for the community.

On election day, traffic to the Milton Coalition blog spiked.  It seemed that citizens were seeking perspectives on the Milton City Council District 1 election—sadly the only competitive race in Milton.  And seeing no recent comments on this race at my blog, voters reached out to me by text, phone, and email to get some sense about how to vote.  Voters expressed understandable frustration that candidate communications lacked substance and were undifferentiated.  True.  Specifics were lacking and candidates were playing it safe.  True.  Every candidate was pledging to preserve Milton’s rural heritage, to ensure public safety, and serving up various other versions of motherhood-and-apple-pie.  True.  For many voters, it seemed the District 1 race was a crap shoot.  True.  However, as I have often explained at this blog, to understand Milton politics requires 1) knowing the political back stories (and there is always a back story) and 2) relying on intuition, based on experience. 

Having been steeped in Milton politics for 2+ years, I have learned to connect seemingly random dots (Facebook likes from certain people, placement of yard signs on certain properties, comments from well-placed sources, etc.) to discern patterns.  For example, it was very clear (and not terribly surprising) to me that each of the long-battling factions in Milton had their preferred candidate, leaving one unaligned candidate.  Clearly, Jami Tucker is supported by the Lusk-Kunz (LK) faction and less clearly (but clearly enough) Adam D’Annela was favored by the Moore-Bentley-Cookerly (MBC) faction, with Andrea Verhoff the odd person out . . . perhaps not a bad place to be, if Ms. Verhoff plays her cards right. 

At the top of this blog post, I have provided the final results from Tuesday’s election (a screenshot from the Fulton County Elections website), and the 2021 election results actually speak volumes about the state of politics in Milton . . . when compared to the elections of 2017 and 2019.  In 2017, Laura Bentley secured 71+% of the vote, beating incumbent Bill Lusk; it was the biggest blow-out in Milton’s election history and the result of a superior campaign strategy and a hyper-diligent ground game.  It was the culmination of two years of hard-fought victories against existential threats to the community and the cultivation of a large cadre of passionate citizen advocates.  Paul Moore was a beneficiary of the momentum of the 2017 election, riding the Bentley wave to garner 63% of the vote in 2019.  Accordingly, viewed in the light of the previous two elections, D’Annela’s poor third-place finish (22.6%) in 2021 represents a seismic shift in Milton politics . . . a swing of nearly 50 percentage points relative to Bentley’s 2017 victory and a thorough repudiation of the status quo. 

Now I suspect some D’Annela backers will assert that Mr. D’Annela ran an anemic campaign.  And perhaps this is true, but frankly difficult to argue given the lack of differentiation among the candidates.  I would posit an alternative explanation, supported by my conversations with citizens and with long-time watchers of City politics.  I strongly believe that Tuesday’s results were a rejection of the Moore-Bentley-Cookerly (MBC) faction and a clear message from citizens that they expect much better from their elected representatives.  Our council members must mean what they say and must do what they say.  If you promise to shift power back to citizens, then DO IT (or at least try to do it).  Milton’s citizens want coherent and logical policy-making that is free of personal animosities and the influence of Special (or personal) Interests. Sadly, the 28 variances granted at Birmingham Crossroads and, worse, the abuse of process associated with these variances, were the undoing of the MBC faction.  However, it took the sordid Painted Horse saga to bring into stark relief the inherent hypocrisy and illogic of the Birmingham Crossroads decisions.  It was clear to all but the most blinkered citizens that the owners of The Painted Horse were treated unfairly in light of the preferential treatment given to the Birmingham Crossroads music venue.  And I believe it is this realization that caused voters to reject Mr. D’Annela, who unwittingly became a proxy for the status quo in Milton. 

Unfortunately, Tuesday’s results raise more questions than they answer . . . questions that appropriately addressed will lead to electoral success for Ms. Tucker or Ms. Verhoff.  For example, now that Ms. Tucker’s alignment with Lusk-Kunz and big Milton developers has become obvious, are voters willing to jump from the frying pan into the fire and give the Lusk-Kunz faction (and their Mega Developer friends) a second chance?  Should/will Ms. Tucker distance herself from the Lusk-Kunz faction?  If not, how will Ms. Tucker justify her alignment with Lusk and Kunz?  How will Ms. Tucker explain her support from Milton’s developers?  And does Ms. Tucker, a newcomer to Milton, understand the history of Milton’s politics and specifically the citizen backlash that occurred in 2015 – 2017, culminating in Ms. Bentley’s election?  Does Ms. Tucker understand citizens’ legitimate concerns about the strong influence of developers in Milton, who aggressively recruit and fund candidates that will push their agendas (e.g., liberal granting of variances) at Council?

And Ms. Verhoff has perhaps more difficult issues to navigate.  Will Ms. Verhoff realize she is the underdog and take the risks needed to win?  Will Ms. Verhoff present a true third alternative to the two factions (that have dominated politics since its Milton’s founding) or will she align with the MBC faction, in the hopes that D’Annela voters will swing to her side?   Will the latter strategy alienate much of her base who seem to desire a non-aligned candidate and a clean break with Milton’s political past?  Will she differentiate her positions with specifics or continue to play it safe?  Will Ms. Verhoff talk more about good governance and less about policy?  Will she draw a (much) starker contrast with her opponent and her opponent’s backers?

Bottomline.  Ms. Tucker has the advantage of momentum associated with a near-victory in Tuesday’s election.  Ms. Tucker’s disadvantage is her now obvious alignment with the Lusk-Kunz bloc of Milton politics and the potential continuation of the long-running, destructive battle between Milton’s factions (and the continuing influence of Special Interests each side represents).  Ms. Verhoff has the advantage of non-alignment with Milton’s traditional factions and the opportunity to present herself as a fresh, independent voice on council . . . a break with Milton’s political past.  Ms. Verhoff’s disadvantage is that she is an underdog that so far has played it safe and is a largely a cipher to citizens.  Ms. Verhoff has only a short period of time to differentiate herself from her opponent and to make a strong positive impression with voters.  And unless Ms. Verhoff distinguishes herself, Milton’s voters may play it safe and go with the leading candidate, Ms. Tucker, and the devil they know, the Lusk-Kunz faction.

My advice to both candidates is to not underestimate the intelligence and the concern of Milton’s voters.  In the past, the citizens of Milton have not shy about unceremoniously kicking dishonest, uncaring, and incompetent politicians to the curb.  Ms. Tucker and Ms. Verhoff need to both up their games.  Listen to citizens.  Respect citizens.  Be honest and straightforward.  Provide policy specifics.  Stress your commitment to the rule of law and fairness.  Emphasize accountability and competence. Lead with integrity.  Unequivocally repudiate the influence of Special Interests in Milton. Demonstrate courage.

I will continue to blog about the upcoming run-off election in Milton in hopes of elevating the discussion and nudging the candidates to stake out specific positions and to reveal their true allegiances.  My desire is that more attention be directed to issues of good governance (i.e., improving the process for how things get accomplished in Milton).

Advocating for Good Governance,

Tim

Note:  I have not met with or otherwise communicated with either Ms. Tucker or Ms. Verhoff or their campaigns.  I am not endorsing either candidate (at least not at this time).  Right now, I have substantive concerns about both candidates. Many rumors have been swirling about Ms. Tucker’s political past (and present).  Certainly, informed voters would be well advised to perform internet searches on both candidates to better understand their backgrounds—political and otherwise.  My blog is fact-based, so I will not relate or otherwise perpetuate rumors about candidates unless citizens provide me with direct evidence (e.g. screenshots) that would substantiate relevant concerns about either Ms. Tucker or Ms. Verhoff.