Friday, October 11, 2024

Dunwoody City Council meeting analysis by John Heneghan prior to first 2025 budget hearing - Charter changes and future taxation matters.

A couple of young empty-nesters.

Below is a preview or my analysis of the Tuesday City Council Meeting agenda items where I dig a little deeper on a few items to keep you informed of my thinking.  After typing for awhile, I may have buried the most important conversation regarding City Operations at the end of the post but figured I would mention now for those who might only skim this stuff. 

First things First, don't miss the final Groovin on the Green concert of the year this Saturday (tomorrow / tonight) from 6-9 PM. at the Brook Run Park Amphitheater there will be an epic rock night with Corporate Therapy & LANDSLIDE - A Tribute to Fleetwood Mac. Bring your blankets, appetites (food trucks on site!), and get ready to rock Dunwoody one last time this season. It's free, family-friendly, and guaranteed to have you groovin'!

Monday is a holiday and the City Council meeting is moved to Tuesday night.
 
The City Manager Monthly report to Council has some interesting things... 

Upcoming Events:
  •  October 12: Groovin’ on the Green Series Finale with Corporate Therapy and LANDSLIDE – A TRIBUTE TO FLEETWOOD MAC
  •  October 24: Truck or Treat
  •  October 27: Howling Halloween Photos & Blessing of the Pets
  •  November 11: Veterans Day Ceremony
  •  November 14: Holiday Family Photos at N. Shallowford Annex
  •  December 1: Holiday Lights Opening Night

  • October 3, 2024: Public Works Director Michael Smith, Deputy Chief Fladrich and Lt. Dove attended a half-day tabletop exercise orchestrated by Dekalb EMA and Dekalb watershed to address the public safety and governmental response to a potential dam collapse to the north (towards Sandy Springs and Gwinnett Co.) and the resulting destruction from such a catastrophic event.   (Because of all the storms, a resident raised this topic just this week as I previously raised concerns on DeKalb Water Works Dam Inspections and the outdated emergency safety policy.  The emergency policy was being updated by DeKalb & Dunwoody last I heard and the Dam was inspected.)

  • Lots of other interesting tidbits in the City Manager Report
A new Starbucks is proposed on Perimeter Center West near the Total Wine, FedEx Office, Havertys Furniture & TJ Max.  I am not allowed to comment pro or con on this matter until the public hearing takes place but when I need a hit of caffeine my go to drink use to be a Quad Long Shot Espresso in a tall cup whereby I would top it off with cream.  It was cheap, tasty & potent but under doctors orders, this night owl has slowed down his caffeine consumption and I haven't ordered it in over a year.

There was a City Council Budget Committee meeting last month but there are no published changes to the proposed 2025 Budget and the first hearing is Tuesday.  Here is my analysis of the proposed 2025 budget that I published several weeks ago whereby I am concerned for the coming years.

The 2025 general fund budget is pretty bare-bones except for cost increases (salary, health insurance, contract escalations, & fully funding the nine police positions we added in 24).  Many of the additional police personnel expenses in 2025 are being paid with ARPA (Federal) Funds that will not be available in the future and with city expenses escalating faster than revenue, I understand that the city is facing an issue in the coming years in order to maintain the same level of service; especially as all city service contracts will be renegotiated with expected large increases. 

Capital funds are special revenue streams that typically can not be used for General Fund (operating) expenses like salaries, so these funds can not be used for those expenses but instead can be used for things and construction.  On the 2025 Capital funds front, we estimate $20 Million will be spent, with street paving & intersection improvements being a big chunk of those funds.  Besides streets, there is $3 Million for path construction, $1.8 Million for a new bridge over 285 at Chamblee Dunwoody, $1.7 Million for new Police Vehicles / Equipment, $1.3 Million for a new Brook Run Maintenance Building, $1 Million for the Dunwoody Nature Center Expansion, $1 Million for the new turf at Peachtree Middle School where the city already has a long term lease, $700K for a new SWAT Storage Building as well as another $1.7 Million for contingency and/or possible other additions like Sand Volleyball courts that were programed for the back of Brook Run near Tree Top Quest.

There is an item in front of Council to fund final design of intersection improvements at Mt. Vernon & Tilly Mill at a cost of $250K and as this includes 12 foot paths in front of single family homes where there is already sidewalk, I am guessing I will vote no.  Reading letters to the editor, and talking to residents; there are those who thing we are going too far on capital improvements and others who think we should stay the course.  I think the 12 foot trails are excessive especially in front of single family homes and I have had that opinion for quite awhile but the bond questions wasn't split into two questions (parks & paths) as I recommended therefore the city continues to move forward on a number of these projects where current finances allow.

There is an item regarding changing the rules on who can place Pole Banners (city event signs on light poles) and as it is odd as to who can and can not use the banners I'm not sure the juice is worth the squeeze, need to hear more from other Council members but leaning no.

There is an item on Tuesday to fund $1.2 million of stream, wetland & boardwalk restoration at the Dunwoody Nature Center and as I do know the boardwalk is dangerous therefore I am in favor of doing the repairs, especially as there is a State grant and we can use storm water funds.  Besides this project we have also promised an additional $1 million of city funds in 2025 for DNC Expansion.

Tuesday we are discussing the renewal of the 10 year contract with the Tree Top Quest, zip lining attraction in Brook Run with almost no modifications on the terms after 10 years.  Besides no real escalation to the rental funds received, I am interested more in the quality and safety upgrades that have been made.  I haven't been on the attraction in many years, maybe I need to go prior to approval of the contract at the next meeting; does anyone have feedback on this matter for Council?

Another Council discussion on Tuesday is reviewing a staff request to add another road / storm water maintenance crew (3 people) to the City Contracted staff for two years, at the additional annual cost of $325K.  Staff says it is needed and I trust that statement as well as the statement that we can "afford" it for the next two years; unfortunately this ties directly into my budget observations above whereby cost escalations are not sustainable with the current revenue stream.  Residents wants, needs and expectations have risen over the last 15 years and at some point we need to cut services or raise revenue.  Hard conversations regarding taxation and service levels are coming soon to this community.

City Charter changes as related to future taxation.

The final two discussion items are both mundane and extremely important because on the surface tweaking our City Charter on minor items does make sense to me but it also sets a precedent for future changes that may not have been intended 15 years ago when the citizens voted to allow incorporation under a limited governmental authority.  The changes presented at this time are regarding allowing public donations to city staff (Police) who may need the community support in times of need whereby the Charter may not currently allow organizations like the Dunwoody Police Foundation to do so.  The other proposed change opens the door for City Council employment to other cities and counties outside Dunwoody & DeKalb; I am fine with this change too.  

Here is the kicker, we have been a City in excess of 15 years and have never changed our Charter, even though we have held at least two "Charter Commission" exercises that have made numerous recommendations for changes.  Here are the 2021 recommended Charter changes and here are 2013 proposed changes. Those Charter recommendations were sent to the State Legislature where they were not acted upon.  If you review the State Legislature website, cities go to the Capital to change their charter on a regular basis, but there are provisions of State Law that do allow charter changes under the "Home Rule" doctrine.

State law clearly states that the City can change it's charter and operating procedures in O.C.G.A. § 36-35-3 but in O.C.G.A. § 36-35-6 it also sets limitations and exclusions on doing so, one of these exclusions is based on taxes. Council may have received legal opinions that we can raise funds (taxes) based on "Home Rule" and "Special Taxation Districts".  Though allowing the City Council to make unilateral Charter changes regarding raising taxes may be legally acceptable through a Special Taxation District, I question weather it is ethically acceptable to those residents who approved our incorporation based on a maximum level of taxation, whereby the Charter states there will be a referendum in order to do so?  As the last original member of the City Council, I feel compelled to lobby for a referendum if additional taxes are needed as those were the terms in which we started this City. 

On the flip side, 15 years is a long time and a majority of current residents didn't vote for incorporation and these new residents are now accustomed to the City services being provided and therefore don't want reductions but instead trust the City Council to set tax policy to protect the safety, viability and atmosphere currently provided, if not add more services; and are willing to pay to maintain values.

As I said above, hard conversations regarding taxation and service levels are coming soon to this community.

No comments: