Annexation

The DeKalb County School system sent a letter to parents saying that the annexation would not hurt the school system.

The annexation would not expand the boundaries of Atlanta Public Schools, meaning the approximately nine students who live there would remain in the DeKalb County Schools. The city and DeKalb County recently reached a settlement regarding the annexation proposal. DeKalb County had challenged the 744 acre annexation proposal that also includes petitions from Children’s Healthcare of Atlanta, Georgia Power, Villa International, Synod of South Atlantic & Presbyterian Church (USA) Inc. and the Centers for Disease Control.

The annexation still requires approval by the Atlanta City Council and there’s no word yet on when that might happen.

The school system is a separate entity from the county government.

Superintendent Stephen Green said DeKalb County Schools has reviewed the proposal.

“After reviewing the proposed annexation ordinance which maintains the current school district boundaries, DCSD believes that basic changes to the city of Atlanta’s boundaries in the area would not negatively impact DeKalb County students or schools,” Green said.

STONE MOUNTAIN, GA. – The DeKalb County School District (DCSD) is among the neighbors of an area near Emory University that is being proposed for annexation into the City of Atlanta. As an interested stakeholder, DCSD is sharing this open letter from Superintendent/CEO R. Stephen Green with the community:

“As a provider of school services in the proposed Emory annexation area, the DeKalb County School District (DCSD) has a keen interest in actions that could influence or alter the lives of our students and their families both within and outside the area proposed for annexation. It is vital that the best interest of area families is placed at the forefront of any discussion that could impact services in the area, especially the education of children.

After reviewing the proposed annexation ordinance which maintains the current school district boundaries, DCSD believes that basic changes to the city of Atlanta’s boundaries in the area would not negatively impact DeKalb County students or schools.

The proposed annexation ordinance acknowledges the rich history and character of Druid Hills, including Emory, as well as DeKalb’s historical school district lines. The DeKalb County School District believes the proposed ordinance protects relevant neighborhood and existing school character while allowing the petitioners to meet their goal of receiving city services.

These guiding principles are what should count the most, not matters of politics or personal preference, which tend to change on a frequent basis. The district believes the discussion should remain completely focused on addressing the petitioner’s request for city services without deviation into unnecessary considerations, namely the consideration of long-established school district boundaries.

The DeKalb County School District looks forward to the resolution of the proposed annexation question, and to continue serving the students and families of its current school district lines.”

An objection filed by DeKalb County is likely to delay a vote on a petition to annex Emory University and surrounding properties into the city of Atlanta, meaning the annexation won’t occur before the November elections.

Melissa Mullinax, senior adviser to Mayor Kasim Reed, told Atlanta Loop that the county’s request to have the Department of Community Affairs arbitrate the issue will push back the city council’s decision. Council members were expected to vote on Sept. 5.

“On our original schedule likely changed because of the arbitration,” she said.

The 744 acre annexation proposal also includes petitions from Children’s Healthcare of Atlanta, Georgia Power, Villa International, Synod of South Atlantic & Presbyterian Church (USA) Inc. and the Centers for Disease Control. The county filed its formal objection to the petition earlier this month, citing a state law that allows counties to object to annexations under certain circumstances.

Emory’s pursuit of annexation is widely viewed as an effort to move forward with the Clifton Corridor Light Rail Project that would link MARTA’s Lindbergh and Avondale Stations and would service the Emory area. In November, Atlanta voters overwhelmingly approved a sales tax to expand MARTA.

Mullinax said DCA has 15 days to appoint an arbitration panel. There will be 60 days of hearings after that before a final decision is reached.

“At the very latest the panel will have a decision by Oct. 22, so we couldn’t take a final annexation vote until after the arbitration is finished,” Mullinax said.

DeKalb County is asking DCA to reconcile the differences between city of Atlanta zoning and DeKalb County zoning. During its Aug. 10 meeting, the Atlanta Zoning Review Board voted to approve three ordinances related to the annexation, determining the zoning would be approximately the same in Atlanta as it is in DeKalb County.

“While we don’t’ have exactly the same zoning categories, they’re materially no different,” Mullinax said. “Every condition that DeKalb County has placed the city has pulled into ours. There’s nothing about zoning or land use that changes.”

After the Aug. 10 meeting, Rader said said he hoped the city would delay the Sept. 5 vote.

“We believe we’re entitled to that arbitration and any decision that the City Council makes will be conditioned upon the results of that arbitration,” Rader said.

This story has been updated. 

The Atlanta Zoning Review Board on Aug. 10 spent an hour listening to questions and concerns about the proposed annexation that would bring 744 acres, including Emory University, into the city limits.

The annexation proposal also includes petitions from Children’s Healthcare of Atlanta, Georgia Power, Villa International, Synod of South Atlantic & Presbyterian Church (USA) Inc. and the Centers for Disease Control.

State Rep. Beth Beskin, R-Atlanta, suggested that the city had not done its due diligence and might be annexing a halfway house into the city, which requires a longer public hearing period. She also questioned why the annexation wouldn’t absorb the approximately nine students living in the area into Atlanta Public Schools when every other annexation to date has done so.

DeKalb County Commissioner Jeff Rader noted the county had filed a formal objection asking the Department of Community Affairs to arbitrate the issue to sort out the differences in zoning between DeKalb and Atlanta.

Representatives of Druid Hills Civic Association’s Land Use and Historic Preservation Committee said the annexation could allow Emory to build large developments on the neighborhood’s borders without input from residents. Neighborhood representatives also said they were concerned that the city could annex additional properties “piecemeal” without the proper zoning.

Chuck Palmer, an attorney for the property owners – with the exception of the Centers of Disease Control – seeking annexation into the city, said those concerns have been investigated and shouldn’t delay the Zoning Review Board’s decision, and they didn’t. The board approved all three items related to the annexation with little debate, determining the zoning would be roughly the same in Atlanta as it is in DeKalb County. The City Council could vote on the annexation petition as early as Sept. 5, but Rader hopes the city will delay that decision until the county and the city work through their differences.

“We believe we’re entitled to that arbitration and any decision that the City Council makes will be conditioned upon the results of that arbitration,” Rader said.

Beskin said under state law halfway houses and drug dependency centers require a six to nine month public hearing process. She said Emory’s Psychiatry Department and the sober living dorm might qualify.

“Not that I object to any of those entities,” Beskin said. “If those are there, there’s a special hearing process. If the procedure is not followed properly it can result in a retroactive invalidation of the annexation.”

Palmer told the Zoning Review Board that no facilities at Emory meet this definition.

Beskin also pressed the board on the issue of the city’s public school boundaries. She said that City Council and School Board districts are usually one in the same. Annexing territory without expanding public school boundaries could disenfranchise voters in the upcoming city elections, she said. Beskin also wrote a letter to this effect and sent it to the city of Atlanta.

Melissa Mullinax, senior adviser to Mayor Kasim Reed, said the city does have the authority to expand its boundaries without expanding Atlanta Public Schools boundaries. She said voters in the area would not be disenfranchised because they would still be able to vote for their representative on the DeKalb County School Board. She said the annexation does not include expansion of Atlanta Public Schools at the request of one of the applicants, Villa International. The Christian ministry offers short-term residences to international researchers working at the CDC and Rollins School of Public Health at Emory. She said the other petitioners were “somewhat agnostic” on the question.

“Is this an issue that’s going to go to court and be settled in court? Very likely,” she said. “We believe we have the authority to do that. The receiving government is responding to the wishes of the petitioners.”

Palmer said the application does not speak to the school issue and noted the county’s objection, saying neither was grounds for a deferral by the board.

“We understand the county has filed an objection,” Palmer said. “That will go through the arbitration process certainly that result will speak for itself.”

The DeKalb County Commission has voted to file a formal objection to Emory University’s efforts to annex into the city of Atlanta.

The commission voted to approve the objection at a special called meeting on Aug. 1.

DeKalb County provided a copy of the resolution and the accompanying letter:

BOC. Emory Annexation. 8.1.17

The resolution cites a state law that allows counties to object to annexations under certain circumstances.

“This item will protect the health, safety and welfare interests of the County and its taxpayers,” a memo attached to the resolution says.

The city of Atlanta could approve the annexation as early as Sept. 5. The county is asking the city to delay that vote.

Melissa Mullinax, senior adviser to Atlanta Mayor Kasim Reed, said, “We are awaiting the letter from the County, and look forward to addressing any meaningful concerns our colleagues in DeKalb County may have. We are confident that the City can serve the needs of the institutions that have requested annexation and we look forward to continuing the public discussion with members of the impacted communities and the Atlanta City Council.”

A spokesperson for Emory University said, “We are aware of the recent DeKalb County resolution and respect the process that is in place for the annexation application.”

The county has asked the city for a seat at the table to negotiate the annexation, but the city hasn’t been receptive Commissioner Jeff Rader says. DeKalb County had already signaled its intention to slow walk the annexation. County CEO Michael Thurmond on July 10 sent a letter to the city of Atlanta saying the county has ownership of infrastructure in the area around Emory University that could soon be annexed into the city.

The letter attached to the resolution passed on Aug. 1 says, “[State law] authorizes a county governing authority to object to a proposed annexation due to a material increase in burden upon the county directly related to any one or more of the following: (1) the proposed change in zoning or land use, (2) proposed increase in density, and (3) resulting infrastructure demands.”

“Atlanta’s proposed annexation of the Emory Parcels currently located in unincorporated DeKalb would cause a direct and material impact in all three regards, namely resulting in zoning and land use changes that allow different and more intense uses, increased density, and ensuing burdens on DeKalb’s infrastructure,” the letter says. “Further, the proposed annexation is incompatible with the current land use designations of the affected properties under DeKalb’s Comprehensive Plan, is incompatible with the current zoning classifications and associated land uses authorized under DeKalb’s Zoning Ordinance and is incompatible with the current land development regulations administered by the County.”

The letter says that the annexation petitions are invalid because the city and the properties under discussion don’t share enough of a border:

In addition to the university, the 744.7 acre annexation proposal also includes petitions from Children’s Healthcare of Atlanta, Georgia Power, Villa International, Synod of South Atlantic & Presbyterian Church (USA) Inc. and the Centers for Disease Control.

Emory’s pursuit of annexation is widely viewed as an effort to move forward with the Clifton Corridor Light Rail Project that would link MARTA’s Lindbergh and Avondale Stations and would service the Emory area. In November, Atlanta voters overwhelmingly approved a sales tax to expand MARTA.

In a statement CEO Thurmond said the county’s move “should not be seen as opposition to the proposed Emory annexation.”

“We believe the annexation will be a positive step if the process includes open, transparent negotiations with all parties involved including DeKalb County Government, City of Atlanta, Emory University, MARTA, DeKalb County School District and Atlanta Public Schools,” Thurmond said. “Our objections are designed to ensure that all the issues associated with the proposed annexation are thoroughly vetted and that citizens have the ability to be informed regarding potential impact on their neighborhoods, communities, and the county as a whole.”

A spokesperson for the county said the goal of challenging the annexation is to force the two sides of the dispute into arbitration. The arbitration panel would have five members.

Under state law regarding annexation challenges:

– The Department of Community Affairs shall develop three pools of arbitrators, one pool which consists of persons who are currently or within the previous six years have been municipal elected officials, one pool which consists of persons who are currently or within the previous six years have been county elected officials, and one pool which consists of persons with a master’s degree or higher in public administration or planning and who are currently employed by an institution of higher learning in this state, other than the Carl Vinson Institute of The pool shall be sufficiently large to ensure as nearly as practicable that no person shall be required to serve on more than two panels in any one calendar year and serve on no more than one panel in any given county in any one calendar year. The department is authorized to coordinate with the Georgia Municipal Association, the Association County Commissioners of Georgia, the Council of Local Governments, and similar organizations in developing and maintaining such pools.

– Upon receiving notice of a disputed annexation, the department shall choose at random four names from the pool of municipal officials, four names from the pool of county officials, and three names from the pool of academics; provided, however, that none of such selections shall include a person who is a resident of the county which has interposed the objection or any municipal corporation located wholly or partially in such The municipal corporation shall be permitted to strike or excuse two of the names chosen from the county officials pool; the county shall be permitted to strike or excuse two of the names chosen from the municipal officials pool; and the county and municipal corporation shall each be permitted to strike or excuse one of the names chosen from the academic pool.

Here is the state code, provided by the county:

Emory Annexation. Arbitration law

Here is Thurmond’s full statement:

“On behalf of the DeKalb County Government and the Board of Commissioners, we look forward to engaging in cooperative discussions with all interested parties in hopes of reaching a successful resolution to the proposed annexation of Emory and surrounding properties into the City of Atlanta.

“Mass transit is a way to enhance the quality of life for all citizens of DeKalb. We believe that the construction of both the Clifton corridor and the I-20 rail extension are essential to promoting the continued economic growth and prosperity of DeKalb County.

“The objections submitted by the County should not be seen as opposition to the proposed Emory annexation. We believe the annexation will be a positive step if the process includes open, transparent negotiations with all parties involved including DeKalb County Government, City of Atlanta, Emory University, MARTA, DeKalb County School District and Atlanta Public Schools.

“Our objections are designed to ensure that all the issues associated with the proposed annexation are thoroughly vetted and that citizens have the ability to be informed regarding potential impact on their neighborhoods, communities, and the county as a whole. It is also imperative the appropriate intergovernmental agreements are entered into with the City prior to the annexation that ensures the appropriate service delivery of police, fire, 911 and water and sewer to both DeKalb County and City of Atlanta residents so that there are no gaps in serving citizens of both jurisdictions.

“We look forward to a meaningful discussion in the days to come.”

Michael Thurmond

CEO, DeKalb County