State legislator mulls Brookhaven incorporation and annexation bill

Brookhaven could either become its own city or part of another if a bill a state legislator is considering gains support.

Rep. Mike Jacobs (R-80), told Patch Tuesday that he may introduce a bill during this year's General Assembly to pave the way for Brookhaven to become its own city or to allow the unincorporated area just south of I-285 to annex with Dunwoody. 

Jacobs made clear however, that no such scenario would advance without support from both north and south of the interstate.

“I think it is fair to say that there is a growing interest in some type of incorporation into a city in the neighborhoods south of 285, around Murphey Candler Park and even around Silver Lake,” he said. “Whether Dunwoody is a willing dance partner for annexation is an open question right now.”

Jacobs didn’t go into detail about the possible annexation legislation, but said it would create an avenue for the northern portion of unincorporated DeKalb County, sometimes referred to as Northern Brookhaven, to become part of Dunwoody. He said that would give Dunwoody some "important assets", among them Murphey Candler and its ballfields, the section of Perimeter Center that cuts south of I-285 and Blackburn Park.

“I may introduce a bill to at least create the avenue for annexation,” he said. “That legislation would be worded fairly broadly to take into account any kind of scenario that might come up. It would allow for citizens to easily move forward with annexation, if that is an option they support."

With regard to a new city altogether, Jacobs said, "the question there is whether there is interest as you get south of these neighborhoods."

Jacobs is reviving an old conversation about whether Brookhaven should move toward independence from DeKalb County. Proponents of the idea want more local control over planning, zoning and land use. In 2008, Jacobs proposed similar legislation to incorporate Brookhaven, though it never materialized.

Ronnie Mayer, president of the Ashford Park Civic Association, said while making Brookhaven into its own city would be ideal, the community currently lacks the tax base to support the venture. As far as annexing with neighboring Dunwoody: "You’re still going to have the same fire service, garbage, and schools if you incorporate with Dunwoody, you're just going to pay higher taxes," he said.

Likewise, Kevin Hughley, president of the Brookhaven Chamblee Homeowners and Neighborhood Business Alliance, said he is adamantly opposed to annexation or to Brookhaven forming its own city.

"We will put the entire weight of the association behind [opposing] any bill that supports this."

Jacobs contends that he has been getting a stronger and stronger message from Brookhaven residents that they want more local control.

“I think it is fair to say that there is a growing interest in some type of incorporation into a city in the neighborhoods south of 285, around Murphey Candler Park and even around Silver Lake,” he said. “Whether Dunwoody is a willing dance partner for annexation is an open question right now.”

Lisa Thule, president of the Murphey Candler Howmeowners' Association, said the community is not opposed to annexation, but feels her community identifies more with Chamblee rather than Dunwoody.

"It's more from a geographical and school feeder perspective. We cross 285, but we don't necessarily want our kids to do it in a school bus," Thule said.

Because of Chamblee’s recent annexation with residents along Chamblee Dunwoody Road, Peachtree Boulevard and I-285, Jacobs said he doubts that city would be looking to make any new annexations in the next two to three years.

“I am committed to looking at the issue, particularly in light of how badly things are going in DeKalb County right now,” he said. “The county government is bloated in areas that are far flung from its core mission.”

He said that key services are being cut, while there are still many non-essential positions in the county government.

“That, in turn, changes basic things like response times and the ability to maintain assets like Murphey Candler and Blackburn Park,” he said. “Which is very likely to drive citizens into the arms of a city.”

Jacobs said he discussed the possibility with Dunwoody city officials, but no specific plans are on the table.

Though the idea has been brought up before, Councilmen Robert Wittenstein and John Heneghan said it was the first time they’d heard anything concrete about possibly pursuing annexation.

“I think that most of us would be very supportive of at least looking at the idea,” said Dunwoody City Councilman Robert Wittenstein.

He said he’s not surprised that some residents of that area have been talking about annexation, as he thinks Dunwoody has done a good job of providing services at a low tax rate.

But, he said that taking on such facilities at Murphey Candler Park would bring on some financial questions for the city of Dunwoody, and such issues would have to be weighed in any decision.

Heneghan agreed.

“It’s something that needs to be studied and needs to be looked at,” he said.

“That’s not a decision that’s going to happen overnight,” Heneghan said. “Do we the city want them to be part of Dunwoody and do they want to be part of us? It can’t be a one-sided decision. It’s got to be a win-win for everybody or it doesn’t work.”