“Economically and Socially Depressed?”

December 10, 2007

There is one other point worth mentioning about the tax allocation district (TAD) proposed for the intersection of North Druid Hills and Briarcliff Roads.

 

It is far, far afield from the General Assembly’s original intent in passing the law that created TADs:

 

“It is found and declared that economically and socially depressed areas exist within counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities while creating a greater demand for governmental services and, in general, have a deleterious effect upon the public health, safety, morals, and welfare.  It is, therefore, in the public interest that such areas be redeveloped to the maximum extent practicable to improve economic and social conditions therein in order to abate or eliminate such deleterious effects.  To encourage such redevelopment, it is essential that the counties and municipalities of this state have additional powers to form a more effective partnership with private enterprise to overcome economic limitations that have previously impeded or prohibited redevelopment of such areas.  It is the purpose of this chapter, therefore, to grant such additional powers to the counties and municipalities of this state, and it is the intention of the General Assembly that this chapter be liberally construed to carry out such purpose.”

 

Source:  Georgia Redevelopment Powers Law, O.C.G.A. § 36-44-2.

 

I simply do not see how Toco Hills fits the above description.

 

Do you?


North Druid Hills-Briarcliff Survey Results & TAD Hastiness

December 9, 2007

In the midst of the ongoing debate about the future of the community around North Druid Hills and Briarcliff Roads, I decided to ask the neighborhoods in my State House district that would be most directly impacted by the proposed high-density, mixed-use development what they think about it.

318 households from Merry Hills and the North Druid Hills Residents Association responded to a survey conducted in hard copy format and with a follow-up telephone call to households that did not respond to the paper survey.

The question that was asked was as follows:

Do you support the proposed high-density, mixed-use development at the intersection of North Druid Hills and Briarcliff Roads?

Yes, unconditionally;

Yes, but only if the transportation infrastructure, traffic flow, sidewalks, streetscapes, and greenspace are improved; or

No.

The following results reveal that a significant, but not overwhelming, majority of households are opposed to the efforts to redevelop the area:

No :  169 respondents:  53.1%

Yes, with conditions:  135 respondents:  42.5%

Yes, unconditionally:  14 respondents:  4.4%

Thus, 53.1% said “no” and 46.9% said “yes” to the proposed new development.  While these results are not from a true scientific poll, the high number of respondents makes them fairly reliable.  Respondents were not pushed to give a particular response, either positive or negative.

I am surprised at the speed with which the proposed tax allocation district (TAD) for the North Druid Hills-Briarcliff intersection is being rushed through the approval process.  Within the very short time span of two weeks, an informational meeting, a public hearing (held on the first night of Chanukah, for a proposal that will impact the Orthodox Jewish community in Merry Hills and along LaVista Road), and a county commission vote will have been held to adopt the TAD.  The vote is scheduled for the DeKalb County Commission meeting this Tuesday, December 11, at 9:00 a.m., in the Maloof Auditorium, 1300 Commerce Drive, in Downtown Decatur.

A TAD relies on the property tax increases that result from year-to-year increases in assessed property values.  The annual property tax increases inside the TAD are captured and applied to infrastructure improvements within the TAD boundaries, which in this case is almost entirely comprised of commercial property such as Loehmann’s Plaza, Executive Park, Target, and the potential Sembler property

However, in order to entice the DeKalb County School System (DCSS) to participate in the TAD and give up the property tax revenues from inside the TAD that DCSS otherwise would receive, proponents of the TAD are hoping for a “halo effect” outside the TAD.  The “halo effect” means that tax increases which would result from assessment increases on properties (including residential properties in neighborhoods such as Merry Hills and the North Druid Hills Residents Association) outside the TAD boundaries would be greater than the tax increases from assessment increases on properties inside the TAD boundaries. Thus, in theory, DCSS would give up a little in property taxes, but still net an increase in property taxes, which existing residential property owners would be forced to pay, to fund education.

A “halo effect” in an area like Toco Hills where the median home sale price already is a robust $411,901 could make residential property taxes unbearable.  Any way you slice it, the so-called “halo effect” constitutes a residential property tax hike.

DCSS has not yet made a decision whether to participate in the North Druid Hills-Briarcliff TAD, thereby giving up its portion of the property tax increases within the TAD to fund infrastructure improvements within the TAD.  In a recent Atlanta Journal-Constitution article, the board of education appeared to be caught flat-footed by how quickly the county commission is moving to approve the TAD.

Is there an alternative?  Yes, a community improvement district (CID).  A CID is a self-taxing district in which the business owners elect to have additional property taxes assessed against their commercial property in order to help fund infrastructure upgrades within the CID.  A CID would be more akin to the pay-to-play impact fees that the county at one time said it would impose on new development.


Township of Brookhaven? Toco Hills?

November 26, 2007

Does it really make sense for every aspect of local governance in every neighborhood in unincorporated DeKalb County to be controlled from Downtown Decatur?

This is one of the issues we will discuss during my town hall meeting on local government reform to be held this Thursday, November 29, at 7:00 p.m. in the Talmage Room of the student center at Oglethorpe University, 4484 Peachtree Road, in Brookhaven.  The student center is best accessed using the side entrance to Oglethorpe located off of Woodrow Way.  Another issue that will be discussed is reining in the excessive power of the DeKalb CEO via House Bill 899, House Bill 894, or Senate Bill 52 (click for more information on each bill).  Please tell your neighbors.  I hope to see you there.

Arguably, services like planning, zoning, land use, code enforcement, building permits, and alcohol licenses that can be controlled by local neighborhoods at a very low cost, and have an immense impact on the quality of life in our neighborhoods, should be controlled more locally than the county level.

Like the overwhelming majority of my constituents, I am fed up with listening to the county CEO tell us what must happen in this neighborhood or that neighborhood for the betterment of the “tax base” of DeKalb County.  When we choose to live in a neighborhood, we choose the great neighborhood that it is, not the cash cow for county coffers that it could become.

I am working with Representative Edward Lindsey of Buckhead on a new township bill that would give DeKalb County communities local control over planning, zoning, land use, code enforcement, building permits, and alcohol licenses, as well as enable presently unincorporated communities to control — by public referendum, and without further action by the General Assembly — whether they would like to become a full-fledged city at a later date.  Under this proposal, townships also would be allowed to exist within large municipalities, such as Buckhead in the City of Atlanta, but not permitted to subsequently form a separate city from the existing municipality.

If this township legislation passes in 2008, I am interested in introducing for the 2009 legislative session a bill to create a new Township of Brookhaven, which will include neighborhoods in the Brookhaven and Ashford Alliance/North Brookhaven areas.  Here is a potential map of a Township of Brookhaven (click for map), although these boundaries certainly would be subject to extensive community input and revision before being finalized.  I also am open to creating a township in Toco Hills, another area I represent, if citizens are interested in it.

While the possible funding mechanisms for townships may need to be flexible in order to accommodate the various communities that have expressed an interest in this new form of local government, what I am considering for DeKalb communities is a penny sales tax, or some fractional amount not to exceed a penny, rather than property taxes.  Any such sales tax would have to be approved by public referendum.

A sales tax may result in surplus revenues.  Citizens of a township also would be empowered to decide via referendum what would happen with any surplus revenues.  They could be applied as a rebate on residential property tax bills, like HOST, or contributed to infrastructure improvements in the local community.

The amount of professional staff that a township could hire would be strictly limited by law, so that a township cannot grow its bureaucracy.  The governing council of each township would elect a chair and vice chair from within its own ranks, rather than having an at-large chairman or mayor.

Townships originally were proposed by Senator David Adelman during last year’s legislative session.  That proposal was a good first step, but is more limited in scope than the proposal outlined above, which will be specifically designed to address concerns brought forward by individual members of the House of Representatives who have specific locations for townships in mind.

The unresponsive and sometimes arrogant approach of DeKalb County bureaucrats who are too far removed from our neighborhoods can yield disastrous results.  Consider the following nightmare that is occurring right now in Dunwoody Forest, which despite its name actually is located south of I-285 in the Ashford Alliance/North Brookhaven area, just outside the Chamblee city limits:

Patrick Ejike, director of DeKalb County’s planning department and an appointee of the CEO, made a unilateral decision to subdivide two lots into three using bizarre property lines.  The neighborhood obtained a decision from the DeKalb County Zoning Board of Appeals (ZBOA) that Ejike’s unilateral variance was improper and should not stand.  Ejike then decided to disregard the ZBOA decision, and construction on the subdivided parcels continues to this day.  The neighbors filed a lawsuit to enforce the ZBOA decision against the county and the developer, and now are defending against counterclaims by the developer for — among other spurious allegations — intentional infliction of emotional distress.

The biggest, but not only, benefit of a township is that each member of a town council will represent a small handful of neighborhoods, rather than one-fifth or one-half of the 710,000 people in the state’s third largest county.  Those are the current, unwieldy population sizes of county commission districts.

Townships are not an additional layer of government, because the county no longer will exercise powers which are delegated to the township.  Rather, townships will give local communities the exclusive power to shape and control their own destiny.


Upcoming Community Meetings

July 25, 2007

This Week’s Briarcliff & North Druid Hills Meeting – DeKalb County Commissioners Jeff Rader and Kathie Gannon will host the next in a series of public meetings regarding potential redevelopment and infrastructure improvements at and around the intersection of Briarcliff and North Druid Hills Roads. This meeting will be held today, Wednesday, July 25, at 7:00 p.m. at the Kittredge Magnet School, 2383 North Druid Hills Road. For more information, please visit www.briarcliffnorthdruidhills.org.

Next Week’s Briarcliff & North Druid Hills Meeting – The Civic Association Network, an umbrella organization of neighborhood associations in North and Central DeKalb, will host a community meeting regarding potential redevelopment at Briarcliff and North Druid Hills Roads on Tuesday, July 31, at 7:00 p.m. at Lakeside High School, 3801 Briarcliff Road.

Brookhaven Public Safety Meeting – Judge Johnny Panos and Representative Mike Jacobs will host a Brookhaven community forum on public safety issues with the DeKalb County Police Department on Tuesday, August 14, at 7:00 p.m. in Lupton Auditorium at Oglethorpe University, 4484 Peachtree Road.


Your Thoughts on Briarcliff and North Druid Hills

July 23, 2007

A major developer has announced plans to purchase the Park Apartments and is negotiating to purchase the school property at the corner of Briarcliff and North Druid Hills Roads. The developer’s proposed high-density, mixed-use commercial and residential development would include approximately 107 acres of land, 3,700 residential units, and 1.5 million square feet of retail space.

Your county commissioners have hired a consultant and are holding a series of public meetings, the next of which will be Wednesday, July 25, at 7:00 p.m. in the cafeteria of the Kittredge Magnet School, to discuss potential improvements to the transportation infrastructure and greenspace around Briarcliff and North Druid Hills Roads.

I have attended some of these meetings, listening to the presentations and citizen comments. One of the things that struck me about the meetings is that nobody is asking you, the neighbors who live in the vicinity of the proposed project, a very fundamental question: do you or don’t you support the project, and if you do support the project, is that support conditioned on ensuring that transportation, traffic flow, sidewalk, streetscape, and greenspace improvements actually get done?

As your state legislator, I have no control over whether or not the zoning changes for the project ultimately are approved. That is the exclusive role of your county commissioners. However, if your support is conditioned on improving the surrounding infrastructure, I may be able to help with legislation to ensure that DeKalb County’s tax revenue windfall from the new development actually is spent in our community in the vicinity of the development.

As we have seen in the past, the DeKalb County Government often does not invest its tax revenues in our community, even when it has promised to do so. For example, the list of projects from the county’s 2005 general obligation bond issue has resulted in a list of unfulfilled promises in Toco Hills and throughout House District 80.

Now is the time to make your voice heard. I have distributed a survey using a direct marketing company to residents in the North Druid Hills Residents Association (the area bounded by I-85 on the north, Clairmont Road on the east, LaVista Road on the south, and North Druid Hills Road on the west) and the Merry Hills Homeowners Association.

If you live in Toco Hills and did not receive this survey by other means, please download the survey (in Adobe PDF format) and return it no later than July 31, 2007, via fax to (404) 656-5562, via e-mail to georgiamike@comcast.net, or via mail to the following address: Representative Mike Jacobs, 401 Coverdell Legislative Office Building, Atlanta, GA 30334. If you have trouble downloading the survey, please call my assistant at the State Capitol, Ginger Doster, at (404) 656-0152 and ask her to mail a copy to you.

I will compile the results of this survey, make them public, and use them to determine whether there is a way I can help achieve our community’s objectives. I look forward to hearing from you.


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