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

Hamby Sewer Extension Denied! Another Win For the Community!

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?

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!

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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