Infrastructure

Annexations are complex processes, and with the news reverberating through north DeKalb County following the city of Brookhaven’s announcement that it intends to annex roughly 600 acres around Toco Hills later this month, residents and businesses in the affected areas should understand the potential ramifications of such a move.

DeKalb County District 1 Commissioner and Presiding Officer Robert Patrick said decisions involving annexation – including a separate push by the city of Chamblee to annex Embry Hills and the Mercer University campus near Interstate 85 and Chamblee Tucker Road – should be carefully considered by residents, property owners and businesses in the affected areas. Annexing isn’t simply about merging with an existing city. There are many fiscal, financial, technical, and legal implications that are not always disclosed or known during the annexation process.

Under Georgia law a city can annex adjoining property if 60% of the property owners and 60% of registered voters sign a petition agreeing to it. Brookhaven says it has more than enough of each to approve the annexation. Some of the areas’ largest businesses, including the owner of the Toco Hills Shopping Center, are protesting the idea and some say the petition drive supporting the annexation effort may include forged signatures. (The proposed Chamblee annexation was also a part of a proposed new City of North DeKalb between Chamblee and Tucker, which the Georgia General Assembly declined to move forward this year but is likely to reemerge in 2024.)

“These decisions not only impact the potential residents and businesses who have to pay for and navigate a new level of bureaucracy, but there is also an undeniable impact upon the rest of the county when areas like those at issue here – areas boasting new growth and a substantial tax base – are carved off, leaving other areas with a fiscal burden,” Patrick said. “We always strive to respect the wishes of our citizens and businesses and to be as responsive as possible to their needs. For that very reason, we urge a measured process so everyone impacted can have the chance to be heard.”

Brookhaven – which has absorbed surrounding neighborhoods with seven annexations since its incorporation in 2012 – submitted signatures of 64% of the property owners and 62% of voters in the targeted area, which includes the Toco Hills and Merry Hills neighborhoods and is bordered by Briarcliff Road, LaVista Road and North Decatur Road.

Representatives for the corporate owners of the Toco Hills Shopping Center and Briar Vista Shopping Center have filed complaints with Brookhaven and they spoke out against the annexation at a recent public meeting, saying DeKalb County has been a solid partner in their business development and provision of support services.

Some residents also have said their signatures on the petition were forged, while others were for addresses not within the annexation area. St. Bartholomew’s Episcopal Church, which was also represented on the petition, has said the church is officially neutral and did not approve the petition.

Brookhaven officials said they would investigate the questionable signatures. The Brookhaven City Council still plans to vote on the annexation on July 25. The city has offered to delay the vote if the DeKalb County Board of Commissioners agrees to a referendum placing an even larger annexation proposal on the November ballot.

At the public meeting DeKalb CEO Michael Thurmond said no one from Brookhaven has ever contacted him to discuss the annexation, and lamented the lack of transparency Brookhaven has demonstrated as it pushes to expand its footprint.

Patrick says a measured deliberation also should apply to Chamblee’s proposed Embry Hills annexation, which the neighborhood association website says will result in better protection by the Chamblee Police Department and lower property taxes for property owners.

However, an initial analysis by DeKalb County shows that the cost for police services in unincorporated DeKalb are lower than those in Chamblee, while the inclusion of other services currently means those in unincorporated areas may end up paying slightly more.

The Chamblee annexation also will most likely require the creation of a Special Tax District to fund roads, sidewalks and sewers, and likely will result in an increased millage rate for the annexed area and negate any property savings, the county analysis noted.

Proponents of the Brookhaven and Chamblee annexations say they would offer current residents and businesses enhanced services. Patrick adds there is no evidence they are currently underserved by the county’s police, parks and road system, the latter of which has been undergoing major upgrades in recent years thanks to the one-cent Special Local Option Sales Tax (SPLOST) passed by voters in 2017.

“As we’ve seen time and again in Georgia, whether it’s the wise voters who said no to a new city of Eagles Landing or our leaders at the state Capitol who didn’t believe in creating a City of Buckhead, these annexation campaign don’t always result in a savings for residents or better services. We need to vet the process and take our time to understand the impact.”

On Tuesday, July 18th, the DeKalb County Board of Commissioners unanimously voted in favor of authorizing the county attorney to file an objection to the proposed Brookhaven annexation.

Brookhaven and Expected Chamblee Annexations Scrutinized

July 19, 2023

Annexations are complex processes, and with the news reverberating through north DeKalb County following the city of Brookhaven’s announcement that it intends to annex roughly 600 acres around Toco Hills later this month, residents and businesses in the affected areas should understand the potential ramifications of such a move.

DeKalb County District 1 Commissioner and Presiding Officer Robert Patrick said decisions involving annexation – including a separate push by the city of Chamblee to annex Embry Hills and the Mercer University campus near Interstate 85 and Chamblee Tucker Road – should be carefully considered by residents, property owners and businesses in the affected areas. Annexing isn't simply about merging with an existing city. There are many fiscal, financial, technical, and legal implications that are not always disclosed or known during the annexation process.

Under Georgia law a city can annex adjoining property if 60% of the property owners and 60% of registered voters sign a petition agreeing to it. Brookhaven says it has more than enough of each to approve the annexation. Some of the areas’ largest businesses, including the owner of the Toco Hills Shopping Center, are protesting the idea and some say the petition drive supporting the annexation effort may include forged signatures. (The proposed Chamblee annexation was also a part of a proposed new City of North DeKalb between Chamblee and Tucker, which the Georgia General Assembly declined to move forward this year but is likely to reemerge in 2024.)

“These decisions not only impact the potential residents and businesses who have to pay for and navigate a new level of bureaucracy, but there is also an undeniable impact upon the rest of the county when areas like those at issue here – areas boasting new growth and a substantial tax base – are carved off, leaving other areas with a fiscal burden,” Patrick said. “We always strive to respect the wishes of our citizens and businesses and to be as responsive as possible to their needs. For that very reason, we urge a measured process so everyone impacted can have the chance to be heard.”

Brookhaven – which has absorbed surrounding neighborhoods with seven annexations since its incorporation in 2012 – submitted signatures of 64% of the property owners and 62% of voters in the targeted area, which includes the Toco Hills and Merry Hills neighborhoods and is bordered by Briarcliff Road, LaVista Road and North Decatur Road.

Representatives for the corporate owners of the Toco Hills Shopping Center and Briar Vista Shopping Center have filed complaints with Brookhaven and they spoke out against the annexation at a recent public meeting, saying DeKalb County has been a solid partner in their business development and provision of support services.

Some residents also have said their signatures on the petition were forged, while others were for addresses not within the annexation area. St. Bartholomew’s Episcopal Church, which was also represented on the petition, has said the church is officially neutral and did not approve the petition.

Brookhaven officials said they would investigate the questionable signatures. The Brookhaven City Council still plans to vote on the annexation on July 25. The city has offered to delay the vote if the DeKalb County Board of Commissioners agrees to a referendum placing an even larger annexation proposal on the November ballot.

At the public meeting DeKalb CEO Michael Thurmond said no one from Brookhaven has ever contacted him to discuss the annexation, and lamented the lack of transparency Brookhaven has demonstrated as it pushes to expand its footprint.

Patrick says a measured deliberation also should apply to Chamblee’s proposed Embry Hills annexation, which the neighborhood association website says will result in better protection by the Chamblee Police Department and lower property taxes for property owners.

However, an initial analysis by DeKalb County shows that the cost for police services in unincorporated DeKalb are lower than those in Chamblee, while the inclusion of other services currently means those in unincorporated areas may end up paying slightly more.

The Chamblee annexation also will most likely require the creation of a Special Tax District to fund roads, sidewalks and sewers, and likely will result in an increased millage rate for the annexed area and negate any property savings, the county analysis noted.

Proponents of the Brookhaven and Chamblee annexations say they would offer current residents and businesses enhanced services. Patrick adds there is no evidence they are currently underserved by the county’s police, parks and road system, the latter of which has been undergoing major upgrades in recent years thanks to the one-cent Special Local Option Sales Tax (SPLOST) passed by voters in 2017.

“As we’ve seen time and again in Georgia, whether it’s the wise voters who said no to a new city of Eagles Landing or our leaders at the state Capitol who didn’t believe in creating a City of Buckhead, these annexation campaign don’t always result in a savings for residents or better services. We need to vet the process and take our time to understand the impact.”

On Tuesday, July 18th, the DeKalb County Board of Commissioners unanimously voted in favor of authorizing the county attorney to file an objection to the proposed Brookhaven annexation.

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