Cityhood Poll Results & Town Hall Meeting

March 27, 2011

Please join me, State Senator Fran Millar, and State Representative Tom Taylor for a town hall meeting on cityhood and annexation this Tuesday, March 29, at 7:00 p.m. in the Fellowship Hall of Chamblee United Methodist Church, 4147 Chamblee Dunwoody Road.

I have received numerous questions regarding exactly what neighborhoods are being considered for incorporation into a new municipality or annexation into an existing one.

Click here to see a PDF map. The neighborhoods shaded in yellow are neighborhoods that could be annexed into Dunwoody or Chamblee, or could be joined with the neighborhoods shaded in green to form a new City of Brookhaven. If the neighborhoods shaded in yellow were to join Dunwoody or Chamblee, then the neighborhoods shaded in green nevertheless could form a City of Brookhaven.

Please keep in mind that none of the boundaries reflected on this map are etched in stone. I drew up the map to make it easier to discuss the neighborhoods that could be involved, but the map is subject to change to meet our community’s needs. I will discuss this map in greater detail at Tuesday’s meeting.

Recent discussion of the possibility of cityhood or annexation for the neighborhoods surrounding Murphey Candler Park, West Nancy Creek Drive, and Silver Lake prompted me to commission a reliable public opinion poll of registered voters in these neighborhoods.

The poll included 227 registered voters who vote at Montgomery Elementary School, Ashford Parkside, and St. Martin in the Fields Episcopal Church. Nobody was left out of the pool of registered voters that was sampled. Unlike the various computer surveys that are circulating around these neighborhoods, it was impossible to vote multiple times by deleting the “cookies” in a web browser.

The results of the poll reveal overwhelming support for legislation that would give Murphey Candler, West Nancy Creek, and Silver Lake residents the opportunity to choose whether or not to join a city.

When asked whether residents of these neighborhoods would favor or oppose legislation that would enable them to choose whether to annex into a neighboring city (Dunwoody or Chamblee) or create a new city, 63.5% responded that they would favor such legislation, 18.0% would oppose it, and 18.5% have no opinion.

When asked to choose between annexing into Dunwoody, annexing into Chamblee, creating a new City of Brookhaven, or remaining in unincorporated DeKalb County, residents in these neighborhoods gave an interesting response that merits further exploration: 30.8% prefer a new City of Brookhaven, 19.0% prefer to join Dunwoody, 10.3% prefer to join Chamblee, 21.6% prefer to remain unincorporated, and 18.3% have no opinion.

Two things are evident from these results: (1) approximately three-fifths of residents in the Murphey Candler, West Nancy Creek, and Silver Lake neighborhoods support further exploration of some kind of municipal solution, and (2) approximately one-fifth of residents oppose continuing this discussion and would prefer to remain in unincorporated DeKalb.

With the significant level of interest in a new City of Brookhaven, I am going to prepare a skeletal charter for such a city and introduce it prior to the conclusion of this year’s session of the General Assembly, which will end in less than a month.

This is important because it will enable us to comply with a rule of the House Governmental Affairs Committee which says that legislation to create a new municipality must be introduced in the first (odd-numbered) year of a two-year legislative term and cannot be passed until the second (even-numbered) year of the term. This will make the creation of a new City of Brookhaven a possibility for 2012 instead of having to wait three years until 2014.

Of course, the only way there will be a City of Brookhaven is if interest in cityhood exists south of Windsor Parkway in Historic Brookhaven and in neighborhoods east of Peachtree Road such as Brookhaven Heights, Brookhaven Fields, Ashford Park, and Drew Valley.

It is important to reiterate that living in a city does not add “more taxes” to your property tax bill. To the contrary, the existing “Unincorporated District Tax” line item would be transferred from the county to the new or annexing city. The city, in turn, likely would do a more efficient job of delivering services with these tax dollars. That has been the experience in both Chamblee and Dunwoody.

We deserve a choice. We don’t have to remain under the thumb of a county government that chooses to divert funds from providing crime scene investigators for burglaries and car break-ins so that the $150,000 salary of a do-nothing bureaucrat can be paid (follow the links for recent AJC articles). This $150,000 could be used to pay some police officers. Cities like Chamblee and Dunwoody routinely make decisions that avoid top-heavy administration and invest their tax dollars in ground-level resources that directly benefit local neighborhoods.

I look forward to continuing this conversation and hope to see you on Tuesday.


Cityhood = Better Services, Same or Lower Taxes

March 14, 2011

I received almost 100 e-mails in response to the message I sent out last week regarding House Bill 428 (click for more information), a bill that would create a “path to annexation” for the neighborhoods around Murphey Candler Park, West Nancy Creek Drive, and Silver Lake to join either Chamblee or Dunwoody. Such an annexation would require a resolution of the city council and a referendum of the voters who reside in the area proposed to be annexed.

Those e-mails expressed support by a margin of 3-to-1 in favor of exploring cityhood options for our community. A surprising number of residents also expressed interest in the creation of a new City of Brookhaven. I am open to this option, as well.

I am in the process of conducting a wider telephone survey and will publish those results next week.

HB 428 has accomplished its goal: to kick off a community conversation about the future of our North DeKalb neighborhoods. The bill passed the House Governmental Affairs Committee last week, but I plan to hold it until the 2012 legislative session so that we can continue the conversation that has been started. In the interim, the legislation will be fine-tuned to suit our community’s needs.

I wish to take this opportunity to correct a false perception that some citizens have regarding cityhood, namely that it is “another layer of government” which necessarily causes “higher taxes.”

Citizens in the City of Dunwoody have a slightly lower tax burden than those of us in unincorporated DeKalb, but receive better services. To quote Rick Callihan, the proprietor of the Dunwoody Talk Blog, in a column he wrote this week for the Dunwoody Reporter: “There was very little support from the West Nancy Creek or Murphey Candler areas to join Dunwoody a few years ago. People inside ‘285’ were concerned about the possibility of increased taxes and did not possess the same strong desire to be part of a city. Ironically, their taxes are now higher than what we pay as residents of Dunwoody.”

Taxes in the City of Chamblee are only slightly higher than in unincorporated DeKalb. If you’re over age 65 in Chamblee, you pay no property taxes whatsoever for city services. Chamblee is considering cutting its millage rate this year. Their services are better, too.

What do I mean by “better services”? Let’s consider community policing. First, there’s the anecdotal evidence. If you drive around the Murphey Candler, West Nancy Creek, and Silver Lake neighborhoods, it’s unlikely that you’ll run across a DeKalb County police cruiser. By contrast, it’s a rare day that you’ll drive around Dunwoody or Chamblee without seeing at least one police cruiser.

This anecdotal evidence is borne out by data. Prior to Dunwoody’s incorporation, the area within its current city limits contributed approximately $13.1 million of DeKalb County’s annual police budget. In return, DeKalb placed one or two active patrols in Dunwoody on any given shift. In the year after its incorporation, the new City of Dunwoody’s entire annual police budget was approximately $5.1 million. For this amount, they were able to run at least seven active patrols per shift.

Cities are not another layer of government. If a city provides a service, that service is not provided by the county. It’s an either-or situation. Sometimes a city will contract with the county for certain services, as is the case with sanitation in Dunwoody. However, a well-managed city will keep costs down by providing those services that it can furnish more efficiently than the county, while contracting for those services that the county provides more efficiently. It’s the best of both worlds.

Lastly, cityhood means that your elected representatives will live in or near your neighborhood, rather than clear across the county. The elected officials in your “local government” would be exactly that: local. It says something about the scale of our “local” DeKalb County Government that everyone in the Murphey Candler, West Nancy Creek, and Silver Lake neighborhoods lives closer to their State Representative (and State Senator, for that matter) than any county commissioner. A city would bring this to an end.

From now through the 2012 legislative session, I plan to continue this conversation, neighborhood by neighborhood. I already have scheduled two neighborhood meetings — with the Murphey Candler Homeowners Association and Byrnwyck Community Association — to discuss cityhood. Please let me know at repjacobs@comcast.net or (404) 441-0583 if you would like to schedule such a meeting.

In addition, I have organized a community-wide meeting on cityhood and annexation to be held on Tuesday, March 29, at 7:00 p.m. in the Fellowship Hall of Chamblee United Methodist Church, 4147 Chamblee Dunwoody Road. I hope to see you there.

Our neighboring cities are more efficient, furnish better services, and because they are conservatively managed, enjoy a similar or lower tax burden compared to what we pay. Citizens have made it clear that they’re interested in exploring municipal options for our community. I look forward to continuing this conversation.


School Board Approves Redistricting Plan

March 14, 2011

A week ago, the DeKalb County Board of Education approved a final redistricting plan with several “tweaks” to what had been proposed by Superintendent Ramona Tyson. Please click the following links to see countywide maps of the final attendance zones:

Elementary School Attendance Zones

Middle and High School Attendance Zones

The high achiever magnet programs are staying put at Kittredge (Nancy Creek) Elementary, Chamblee Middle, and Chamblee High.


HB 428 Paves a Path to Possible Cityhood

March 8, 2011

As your State Representative, I am committed to increasing your voice in local government and to helping provide the highest quality governance at the lowest possible cost to the taxpayer. That is why I have introduced a piece of legislation, House Bill 428, that will create a path for the unincorporated neighborhoods around Murphey Candler Park, West Nancy Creek Drive, and Silver Lake to join one of our adjacent municipalities, either Chamblee or Dunwoody.

Presently, these neighborhoods exist as an “unincorporated peninsula” of land sandwiched between the City of Dunwoody to the north, the City of Chamblee to the east, and the City of Sandy Springs to the west. There is only one major arterial road into this area from the rest of unincorporated DeKalb: Ashford Dunwoody Road.

The purpose of HB 428 is to kick off a community conversation about possible avenues to the incorporation of our neighborhoods. Click here to read the version of HB 428 that will be presented on Tuesday to a subcommittee of the House Governmental Affairs Committee.

The version of the bill that was originally introduced only applied to Dunwoody, but that was based upon my own incorrect perception that Chamblee – having recently completed an annexation of Huntley Hills and other neighborhoods east of Chamblee Dunwoody Road – would not be interested in undertaking any further annexations any time soon. I had a productive conversation with Chamblee Mayor Eric Clarkson in which he made clear that it’s possible Chamblee could consider further annexation. So, the bill has been changed accordingly.

HB 428 will allow for adjacent municipalities to annex neighborhoods in an “unincorporated peninsula” (an unincorporated area that is 75% or more surrounded by cities) after the adoption of a city council resolution and the passage of a referendum by the citizens in the unincorporated area. In other words, there is absolutely no scenario in which your neighborhood would be annexed into a neighboring city before you receive all of the facts about the annexation and are given the opportunity to cast your vote at the ballot box.

The key annexation procedure that HB 428 does change is DeKalb County’s unilateral veto power over the ability of our neighborhoods to be annexed into Chamblee or Dunwoody via this simple “resolution and referendum” method.

As the Dunwoody Crier has noted, my interest in annexation is driven by “increasing discontent with DeKalb County Government: rising tax bills, fewer services, inefficient government, and a lack of confidence that things are going to get better at the county.”

Police response times in Chamblee and Dunwoody are far lower than those in unincorporated DeKalb. Dunwoody is planning major improvements to their local parks. Chamblee and Dunwoody are both conservatively managed and are experiencing budget surpluses. And in stark contrast to CEO Burrell Ellis’ constant drumbeat for higher property taxes, Chamblee is considering cutting its millage rate this year.

It simply is not true that incorporation into a city necessarily means that your property taxes will go up. Many cities are actually able to deliver better services and a lower tax burden than can be found in nearby unincorporated areas.

Another option that might be worth exploring is the incorporation of a new municipality altogether, perhaps a City of Brookhaven that could reach as far south as Buford Highway or even I-85. Of course, such an option would require interest from neighborhoods south of Windsor Parkway such as Historic Brookhaven, Ashford Park, Brookhaven Heights, Brookhaven Fields, and Drew Valley.

If citizens are interested, I’m willing to explore a broader City of Brookhaven. It would require a separate piece of legislation that cannot be passed until 2014 at the earliest, which would give us plenty of time to thoroughly explore this option.

HB 428 is not an actual annexation plan of any sort. No annexation of any neighborhoods by either Chamblee or Dunwoody is imminent.

The latest version of HB 428 will make it clear that any annexation cannot involve the “cherry picking” of large-scale commercial property such as the Perimeter Summit development on the south side of I-285, adjacent to Dunwoody. This is because another provision of law that is applicable to HB 428 requires any such annexation to include territory that “is subdivided into lots and tracts such that at least 60 percent of the total acreage consists of lots and tracts five acres or less in size and such that at least 60 percent of the total number of lots and tracts are one acre or less in size.”

HB 428 is a means of opening up our community’s options. Having options is never a bad thing.

Please forward this e-mail to your neighbors, particularly if you live in the neighborhoods around Murphey Candler Park, West Nancy Creek Drive, and Silver Lake. If citizens would like to stay informed about the prospect of annexation or a new city in North DeKalb and are not on my e-mail list, they should e-mail me at repjacobs@comcast.net and I will add them to my e-mail list. E-mail me, too, with your thoughts on this issue. I look forward to hearing from you.

I will announce a community meeting about cityhood and annexation in the near future.


DeKalb County Transportation Projects Meeting

March 7, 2011

The DeKalb County Government will hold a public meeting on local transportation projects, including road and sidewalk improvements, that might be funded if the regional transportation sales tax that is slated for a referendum in 2012 passes.

This meeting will be Wednesday, March 9, from 6:30 to 8:00 p.m. at Chamblee High School.

The purpose of the meeting is to gather input that will be used in putting together a list of projects that will be submitted to the Georgia Department of Transportation and Atlanta Regional Commission for the 2012 referendum.


Decentralized Redistricting Saves Taxpayers More

January 30, 2011

Tonight, Sunday, January 30, 2011, at 11:59 p.m. is the deadline to complete the DeKalb County School System’s online survey regarding the “centralized” and “decentralized” plans for school redistricting. Click here to participate in the survey.

If you miss this deadline, you also can e-mail the members of the DeKalb County Board of Education with your thoughts about the two proposals. In fact, you should consider doing this whether or not you have completed the survey. The Board of Education will make the final decision about redistricting.

Click here for a blog post that will enable you to e-mail all nine school board members and Superintendent Ramona Tyson with one click of your mouse. This “one-click” e-mail function is courtesy of Dunwoody City Councilman John Heneghan’s “Dunwoody North” Blog.

Click here and scroll down to “Options” to see PDF maps of the centralized and decentralized proposals.

The centralized option involves moving the high achiever magnet programs from Kittredge (formerly Nancy Creek) Elementary School and Chamblee Middle School to Avondale Middle School and from Chamblee High School to Avondale High School. It also includes substantial boundary changes that are disruptive and counterproductive to neighborhood schools throughout our community.

The decentralized option would keep the magnets at Kittredge Elementary, Chamblee Middle, and Chamblee High, and involves less disruption to existing attendance zones.

An enterprising Montgomery Elementary parent has created an excellent new website, Decentralize DeKalb (click for link), that is an information clearinghouse for parents like me who oppose the centralized plan and support the decentralized plan. I encourage you to visit it. Among other things, there is a petition on the website that awaits your electronic signature.

Here is the most important thing you need to know about the two redistricting plans: The decentralized plan actually yields the greatest cost savings for the school system. That’s right. The plan that causes the least disruption saves the most money!

Click here for a PDF document posted on the school system’s website on Friday, January 28, that says as much. The following are the “money quotes,” so to speak:

“We estimate the centralized plan to save the DeKalb County School District approximately $150 million in operating costs over the next ten years; the decentralized option is estimated to realize gains of approximately $161 million over that same time period. Additionally, we can expect an extra $5 million in capital entitlement earnings over the ten years period from the centralized plan (and slightly less in the decentralized plan).”

…and…

“This summer, we expect the centralized plan to initially cost $140,000 (moving and appraisal costs) and the decentralized plan to cost $110,000. There may be additional costs as the proposals are refined and capital improvements to certain schools may be required. Additionally, the centralized plan may require some additional annual expense for the provision of band, athletics, and other extracurricular activities at the centralized magnet schools.”

Disrupt more schools. Save less money.

That’s the centralized plan.

Disrupt fewer schools. Save more money.

That’s the decentralized plan.

These are talking points that should find their way into every citizen’s communications with the members of the Board of Education until they make a decision on redistricting.


School Redistricting Meeting at Chamblee High

January 19, 2011

There is a very important community meeting about school redistricting scheduled for Thursday, January 20, 2011, at 6:30 p.m. at Chamblee High School. If you have the time, I hope you will join me there.

The DeKalb County Board of Education is considering two proposals for redistricting, a “centralized” option and a “decentralized” option.

The centralized option involves moving the high achiever magnet programs from Kittredge (formerly Nancy Creek) Elementary School and Chamblee Middle School to Avondale Middle School and from Chamblee High School to Avondale High School. It also includes substantial boundary changes that will affect neighborhood schools throughout our community.

The decentralized option would keep the magnets at Kittredge Elementary, Chamblee Middle, and Chamblee High, and involves less disruption to existing attendance zones.

Click here and scroll down to “Options” to see PDF maps of the centralized and decentralized proposals.

Personally, I oppose the centralized option and would prefer the decentralized option. I’ll be attending the Chamblee High meeting not as a legislator, but as a concerned parent who chose to live in attendance zones that would face substantial changes under the centralized option.

I hope to see you at Thursday’s meeting. You should also consider e-mailing the members of the Board of Education with your thoughts about the two proposals. They will make the final decision.

Click here for a blog post that will enable you to e-mail all nine school board members and Superintendent Ramona Tyson with one click of your mouse. The “one-click” e-mail function is courtesy of Dunwoody City Councilman John Heneghan’s “Dunwoody North” Blog.


Runoff Election Results

December 1, 2010

In case you have not seen the results, here are the winners of yesterday’s runoff election:

Georgia Supreme CourtDavid Nahmias (67%)

Georgia Court of AppealsChris McFadden (62%)

DeKalb Superior CourtCourtney Johnson (61%)

DeKalb Board of Education District 1Nancy Jester (55%)


It’s Voting Time . . . Again!

November 29, 2010

Georgia’s runoff election is tomorrow, Tuesday, November 30. Your regular polling location will be open from 7:00 a.m. to 7:00 p.m.

The small handful of races appearing on tomorrow’s runoff ballot are those in which the top two vote-getters failed to receive more than 50% of the vote in the November 2nd General Election.

Your vote will make a big difference in these races. Voter turnout is typically very low in runoff elections.

Click here to go to the Georgia Secretary of State’s “My Voter Page” website where you can find your exact polling location and a sample ballot that is specific to your polling place. You can also see the countywide sample ballot by clicking here.

Please remember to bring photo identification with you when you vote.

Here are my recommendations (and one non-recommendation) for tomorrow’s races, for what they’re worth:

Georgia Supreme Court and Georgia Court of Appeals

David Nahmias and Chris McFadden, respectively.

David Nahmias is the incumbent Justice who, after being appointed to the Supreme Court by Governor Perdue, has quickly become an intellectual force on the Court. Nahmias is a graduate of Harvard Law School (magna cum laude at that!), a former law clerk to a U.S. Supreme Court Justice, and the former United States Attorney for the Northern District of Georgia, which is the top federal prosecutor in Atlanta and North Georgia. He grew up in and lives in DeKalb County.

Chris McFadden literally wrote the book – Georgia Appellate Practice – on handling appellate cases in the Georgia court system. He is as knowledgeable as it gets for the job he is seeking. McFadden is a product of our community, having received his undergraduate degree from Oglethorpe University. He practices law in DeKalb County.

I am “supremely” confident in Nahmias and McFadden for these appellate judgeships.

DeKalb County Superior Court

No endorsement.

I previously had made an endorsement in this race between Dunwoody lawyer Michael Rothenberg and Courtney Johnson, a Senior Assistant District Attorney in the DeKalb County District Attorney’s Office. That endorsement went to Rothenberg, with whom I became acquainted at many events during the run-up to the November 2nd election.

I withdrew that endorsement after this civil complaint (click to read) currently pending against Rothenberg in federal District Court was brought to my attention.

Rothenberg has responded that the complaint is “false and slanderous.” His public responses to the complaint have been largely along the lines of what is quoted in this AJC article (click to read).

You should read the complaint and decide for yourself. Please bear in mind that portions of the complaint have been filed “under seal” as the result of a confidentiality agreement between Rothenberg and the plaintiff. That is why there are blank spaces in the complaint.

Having been filed within three weeks of an election, this complaint possesses some of the hallmarks of a political smear. After all, it does identify Rothenberg as “a judicial candidate for a seat on the DeKalb County Superior Court.” However, the complaint has been prepared and filed by reputable lawyers from one of the largest law firms in Atlanta, Kilpatrick Stockton, and cannot be completely discounted as political gamesmanship.

I am also concerned that Rothenberg’s company mentioned in the complaint, Four Five LLC, was not disclosed anywhere on his Personal Financial Disclosure Statement covering the calendar year 2009 (click this link and then select “View Report” next to “2009 Original”) that he was required to file with the State Ethics Commission. It should be on that form, but it’s not. This appears to be a violation of the Ethics in Government Act, O.C.G.A. § 21-5-50.

Rothenberg’s opponent, Courtney Johnson, has shown up to precious few events in North DeKalb, and really only began to campaign in our community after the November 2nd General Election.

Rather than reversing my endorsement and recommending someone whose campaign strategy has made her an unknown quantity in our neck-of-the-woods, I will instead provide you with the AJC Voter Guide’s side-by-side comparison of the two candidates for DeKalb Superior Court. Click here to read it.

My advice in this race is caveat emptor (buyer beware). Arm yourself with the facts and vote accordingly. Once elected, judges have a lot of impact and tend to have some staying power.

DeKalb County Board of Education, District 1

I am supporting Nancy Jester.

Jim Redovian, the incumbent school board member for District 1, is a very nice person. He also has some accomplishments to show for his work on the Board of Education. Most recently, he played a key role in the BOE’s vote to use an allocation of federal stimulus bonds to tear down and completely rebuild Chamblee High School.

But our school system is in dire straits. Self-dealing, nepotism, and outright corruption (click for AJC articles) have dominated this year’s headlines about the DeKalb County School System. Now, the system’s accreditation is in jeopardy (click for AJC article).

Redovian has been a part of the go-along-to-get-along crowd on the school board, having voted to give former Superintendent Crawford Lewis a pay raise less than five months before Lewis was indicted. He has been campaigning on his ability to work with other school board members. Under present circumstances, that is not a badge of honor.

Now more than ever, we need someone representing our community on the Board of Education who will be an aggressive fiscal watchdog. Nancy Jester, an actuarial consultant by profession, has both the moxie and the analytical skills necessary to push our school system in the right direction. She is my choice for District 1 on the DeKalb County Board of Education.

Please note that the Board of Education District 1 race is only on the ballot in neighborhoods north of Windsor Parkway (Murphey Candler, Silver Lake, Chamblee, and Dunwoody, to name a few).


Thank You, Let’s Celebrate & Election Results

November 5, 2010

Thank you, thank you, thank you for your vote of confidence in this year’s election. Together, we achieved a great margin of victory: 66.1% of the vote! For the next two years, I pledge to deliver the high levels of communication, responsiveness, and service as your State Representative that you have come to expect from me.

I’d like to invite you to a THANK YOU victory celebration this coming Tuesday, November 9, from 6:00 to 8:00 p.m. at Pub 71 in Brookhaven, which is located at 4058 Peachtree Road. My campaign will provide food and a cash bar will be available.

In other election news, the five-year renewal of DeKalb County Property Tax Assessment Freeze passed with an overwhelming countywide margin of 77.5% to 22.5%. Please click here for my recent article about the assessment freeze. Hopefully, when this measure comes up for another renewal by 2016, we can make it permanent.

If you live in the Murphey Candler, Silver Lake, Oglethorpe, and Historic Brookhaven neighborhoods, along with portions of Brookhaven Heights, Brookhaven Fields, and Ashford Park, your new State Senator will be Fran Millar. He won with 65.4% of the vote.

The following races are headed for post-Thanksgiving runoffs:

- Nancy Jester versus Jim Redovian for the District 1 seat on the DeKalb County Board of Education.

- Justice David Nahmias versus Tammy Lynn Adkins for the Georgia Supreme Court.

- Chris McFadden versus Toni Davis for the open seat on the Georgia Court of Appeals.

- Michael Rothenberg versus Courtney Johnson for the open seat on the Superior Court of DeKalb County.

The runoff election will be held on Tuesday, November 30.

I’ll send you more information and my recommendations regarding the judicial races as the runoff election draws closer. Choosing the most qualified people for these positions is very important. Once elected, judges have a lot of impact and tend to have some staying power.


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