Brian Vanderhoff's North Fulton Real Estate Blog

Vote was 4-3 in highly controversial decision; some fear sewer system will end pastoral flavor of area

A bitterly divided Milton City Council on Monday finally put to rest an issue that has bedeviled the community since its inception — a sewer policy.

The council voted 4-3 to adopt a map and agreement with Fulton County defining where county sewer could go. In many communities, extending sewer is a routine activity. In Milton, it’s been grounds for political combat, leading to the defeat of two incumbents last November, and contributing to the resignation of the city manager after only five months on the job.

Milton residents treasure their tree-lined lanes, pastoral vistas and other rural characteristics, and they fear development, especially dense development, will ruin that. Many believe that sewer is an engine for density, and they favor limiting sewer as a way to control growth.

But others argue that density can be controlled through zoning, that sewer in some areas is reasonable, and the city needs the tax revenue from commercial projects.

After three hours of sometimes testy debate, Council member Karen Thurman moved to approve the map and agreement, hammered out by the city attorney and staff. Councilman Bill Lusk seconded. They were joined by Mayor Joe Lockwood and Councilman Burt Hewitt. Opposing the motion were Council members Julie Zahner Bailey, Tina D’Aversa and Alan Tart.

“It’s a landmark,” Lusk said. “We can remove this political football that’s been use and abused and maintain the character of the area that everyone wants, and get on the more important things of running this city. Now we can enforce sewer service and move on.”

The minority vigorously objected to voting Monday night, arguing they hadn’t seen the map until Friday, the agreement until Sunday, and the public hadn’t seen them at all. They lobbied for a work session next week so the details of the map and agreement could be fully vetted.

But Lockwood countered that after months of discussion it was time to make a decision.

The council’s decision establishes borders for sewer to go along Ga. 9 and in some spots in the Crabapple area.

The two sides could not agree on what defined “sewer extension,” the equivalent in Milton political parlance to a curse word. For the minority, sewer extension was defined as providing sewer to any new parcels. For the majority, extension was defined as running it beyond the defined service area.

City Council chambers initially was packed with about 100 people, including some from neighboring jurisdictions who came to watch the climatic showdown. About 20 residents and business owners spoke at the meeting. Although in the past, most speakers have been anti-sewer, on Monday those addressing the council were more evenly divided.

D’Aversa said after the meeting that by approving sewer extension, the City Council had established a dangerous precedent that could haunt the city later.

Zahner Bailey said that some on the council forgot earlier promises to voters.

“You just witnessed four people who claimed to not to support sewer extension vote to extend sewer,” she said. “Sewer equals density.”

Labels: city council approves, city of milton, milton, sewer extension

During a work session Monday in Milton, Fulton County Commissioner Lynne Riley told a crowd of about 60 people that some businesses on Ga. 9 are eligible for sewer service, but there are no plans to expand it beyond that area.

She also said there is no contradiction between the map of the county's sewer service and its policy on not allowing sewer from one river basin to flow into another basin. Ga. 9 runs along the eastern side of the city.

The perception that there was a discrepancy had fueled concern among many residents that once sewer crossed from the Big Creek basin to the Etowah River basin, the flood gates would open, and sewer would expand throughout the city.

Many residents argue that sewer brings dense development, which would spoil the pastoral feel of the community.

Mayor Joe Lockwood invited Riley to the work session to provide accurate information and dispel rumors.

"I want to make sure we are supporting our longstanding policies that Fulton County had before we became a city, and that we are not expanding sewer," Lockwood said. "I want to make sure we're on the same page."

Riley's statements indicated that the city could approve sewer to many developments on Ga. 9 without violating policies inherited from the county.

About a third of the crowd addressed the council. Speaker after speaker alternately pleaded and demanded that the Milton City Council limit sewer service to preserve the city's pastoral venues. Some said the meeting had been informative, and laid to rest rumors the council had been planning to expand sewer beyond Ga. 9.

But a few developers pleaded hardship from being at a standstill while the city hammers out its sewer policy.

Another meeting will be required before the question of sewer service on Ga. 9 will be settled.

Then the council must decide whether it wants to stop there, or develop a more expansive sewer policy.

Labels: city of milton, Georgia, sewer extension, sewer hookups

Monday, August 4th - 4:00 p.m.
Critical Meeting! Please attend

A message from City of Milton:

Dear Milton Citizens, Friends and Neighbors -

I want to let you know about the very real risk of sewer extension in Milton and a critical meeting that has been called for this coming Monday, August 4th at 4:00 p.m. at City Hall. This Special Called Work Session deserves your attention and your attendance.

Summary

There is a real risk of sewer extension in the City of Milton.

Efforts are underway to consider approval of extension of sewer to new parcels, adoption of a new sewer map that would extend sewer, and creation of a new sewer policy for Milton. A City Council work session is planned for the subject for Monday August 4. This is a public meeting.

Why should you care about sewer extension?

Development density in Milton is currently limited by the natural constraints of the land, especially soil percolation. Average yields for a home site historically have been closer to 1.6 acres to the home because of these natural constraints. Sewer allows nearly all land to be developed regardless of soil types and topography in 1 acre lots or more, allowing unlimited density. The introduction of sewer into new areas allows for higher residential and commercial density expansion otherwise not possible. This is completely inconsistent with the citizens' vision for a rural Milton.

Purpose of this Update and Background Information

The purpose of this email is to:

Ensure that you are aware of this very real risk of sewer extension and the increased density that comes with it,
Apprise you of a Special Work Session scheduled for this coming Monday, August 4th at 4:00 p.m. to discuss sewer including:
A proposed map from Fulton County re: a revised Inter Governmental Agreement with Fulton County and Milton that shows significant sewer extension,
The on-going request for sewer for certain parcels despite their being in the historically "no sewer" area, and
The potential for a "new" sewer policy that could undermine many of the tenets of the existing long standing no sewer policies.
Encourage you to attend the meeting and make your opinions known both in advance of the meeting and via email to the Mayor, the entire Council, and Staff.
You all have told me via the first and second election and through your recent Milton survey responses that the issue of sewer extension is the biggest issue and concern to you individually and collectively. This makes sense, since it is the single largest exposure to removing our unique rural character. My position is clear, has been consistent, and will remain consistent - that is that I do not support sewer extension and instead support the affirmation of the long standing no-sewer policies. This also means I support sewer in the locations where sewer exists today, but I do not support sewer extension.

Please note, however, I am only one of seven who have a vote on the issues before us. This is your community and the time is now to remind each of your elected officials what you expect of us for your community.

The most recent Milton survey results, with a 25% response rate from 3,000 households (and approximately 6,000 residents) reflected that 87% of responding citizens fully expect the no sewer policies to remain in place. Some on the Council may not recognize this mandate.

What are the risks?

There are three components to the current evaluation of sewer and each carries with it very real risks for Milton. They are as follows:

1. A proposed revised Inter Governmental Agreement with Fulton County put forth by Commissioner Riley and Fulton County - the proposed map reflects significant sewer extension.

I have advocated the need to revise that IGA, but to revise it consistent with the long standing No Sewer Policies of Milton. However, the most recent map proposed by Fulton County and Commissioner Lynne Riley reflects significant sewer extension into Milton in areas interior to Highway 9, (West side) as well as in the Crabapple area heading North. Make no mistake, if this new sewer service map proposed by Fulton County - and embraced potentially by some on the Milton Council - is approved, sewer would be extended to parts of Milton not previously allowed sewer.

2. Consideration of sewer extension to specific parcels and projects (referred to as "red dots" that previously were not identified as sewerable given their location within the Etowah Basin and given that they were not allowed sewer according to the No Inter Basin Transfer policy).

Summary Risk - Some of these parcels are in the Etowah Basin and would directly violate our sewer extension policy - allowing increased density to creep outward.
Use this link to see those specific projects.


In most of these instances, the parcels or projects were identified by Fulton and Milton staff as being acceptable and in the Big Creek Basin but, instead, the "red dots", lie within the Etowah Basin and in large part, are not identified as "exceptions" to the No Inter Basin Transfer Policy. In other words, to extend sewer to these parcels effectively would be violating the very policies we have held dear since 1995 and that were further amended and affirmed in 1999 and again, as recently in July, 2006 by Fulton County. Further, this same No Inter Basin Transfer Policy was adopted unanimously by the City of Milton when the area became incorporated.

I do not believe we should extend sewer to parcels previously disallowed from sewer extension. However, others have indicated a willingness to support such sewer extension.

3. Discussion and beginning evaluation of an overall sewer/no sewer policy for Milton.

Summary Risk - between the above mentioned revised and proposed map from Fulton County and one-off decisions on "red dot" properties, we could end up with a sewer extension policy by default.
There have been references made for the need to have a "sewer policy" for Milton, yet we have not yet had the first work session on any such policy. The fact that seems to be ignored is that Milton has an existing legal sewer policy, i.e. the "No Inter Basin Transfer Policy". I believe that we must first affirm the policies we have in place already.

Staff Proposed Template as a Basis for Possible New Milton Sewer Policy

Additionally, City Staff has proposed Milton use a "template" from Prince William County, Virginia for a possible new Milton sewer policy. While on the surface, this might seem like a reasonable idea, when you look further, immediate questions arise that might preclude this template as an option for Milton. As an example, it sets forth multiple exceptions to their sewer policy allowing sewer to be extended into otherwise defined semi-rural ("no sewer") areas for schools, libraries, fire stations and other instances. Why would Milton endeavor to establish a "new" sewer policy for our City written from the onset with multiple exceptions to the policy we claim to want to uphold?

Instead, I believe that we should create our own policy grounded in the fundamentals that have served this community well for the last 19 years including affirmation of those areas that have been and should remain no-sewer while specifying those specific parcels where sewer is acceptable based on current locations. Any policy should:

Affirm the long standing no sewer policies
Affirm a revised IGA with Fulton County that does not extend sewer, but instead confirms the existing locations and specific land lots where sewer is consistent with the long standing policies of the area. This would reaffirm where sewer is acceptable on properties that front Highway 9, but that would not allow for the expansion of sewer interior to Milton both interior to Highway 9, closer to Cogburn, and interior to Crabapple.
Specifically define where sewer can be allowed and where it must not be extended
Ensure proper septic tank placement and regular maintenance with a mechanism in place to monitor appropriate maintenance on a set period of years
Prohibit private sewerage extension in addition to public sewerage extension
Prohibit sewer extension from adjacent or near by jurisdictions
Bottom line, a sewer / no sewer policy for Milton must begin with Milton, not some other community that may not have the same City profile, values or land planning approaches for their long range plans.

City Hall
13000 Deerfield Parkway
Suite 107
Milton, GA 30004
Phone: 678.242.2500
Fax: 678.242.2499

Labels: city of milton, Georgia, Meeting, milton, sewer extension