Commissioner Rader Digest September 2010
From commissioner Jeff Rader: Here are some topics of interest from recent DeKalb County Board of Commissioners (BOC) meetings:
• Alcohol Closing Times
• Buford Highway
• Power IT Down
• Staffing Policy
Alcohol Closing Times
From my first year as a county commissioner, I have actively legislated to improve the compatibility between residents and late-night establishments. The goal is to allow such businesses to function while protecting the quality of life for surrounding neighborhoods.
In 2008, I successfully authored a zoning ordinance that was approved by the county Board of Commissioners (BOC) to regulate the placement and operation of late-night establishments. The ordinance, a compromise from my original 2007 proposal, mandates that new late-night businesses apply for Special Land Use Permit (SLUP), which gives the BOC the authority to consider approval of such businesses on a case-by-case basis and also impose reasonable conditions for the operation of such business. For details on this ordinance, read my November 2008 update [link at end].
Existing late-night establishments were grandfathered under the 2008 zoning ordinance. They are regulated under the provisions, among others, of alcohol serving licenses. Those licenses permit serving of alcohol on the premises, but no later than 3:55 a.m. on weeknights and 2:55 a.m. on weekends. The specified pouring hours have been difficult to enforce because even though establishments must stop selling alcohol, they could remain open without any limit, thus requiring a police officer to observe a transaction after hours in order to enforce the law.
Thus, at the suggestion of police officers, this summer I introduced an ordinance, which was approved by the BOC, specifying that establishments serving alcohol must close their doors no later than one hour after the end of pouring hours. The doors must remain closed until 9 a.m.
Now, a police officer can monitor an establishment serving alcohol by monitoring any business operation during the mandated shutdown time, an act that is easier and faster than observing its employees for compliance with the alcohol pouring hours.
This is an example of the importance of carefully crafting legislation to fulfill its intended objective, without inadvertently creating loopholes, while making it practical to monitor and enforce.
Buford Highway
Buford Highway, on the northwest side of District Two, has an unusually high rate of pedestrian accidents, including several fatalities. This state Department of Transportation-operated road is configured as a suburban arterial highway, a design that allows drivers to feel a false sense of safety traveling well in excess of the posted 45 miles-per-hour speed limit.
Like most highways, there are few traffic lights, pedestrian crossings or sidewalks on Buford Highway. Hence the sad litany of pedestrian accidents associated with Buford Highway. By one count, 30 pedestrians have been killed on the road since 2000.
The dangers of this corridor were highlighted as part of a PBS series, "Blueprint America." The show focuses on infrastructure issues in the U.S. The show's producers contacted my office for assistance in identifying appropriate individuals to speak about the challenges of Buford Highway. The show's edited video, an eight-minute segment, can be viewed via YouTube (see link at end).
While a lot of government officials have acknowledged the pedestrian issues and pledged solutions for Buford Highway, at the moment there are few specific projects that have been planned, approved and funded. One exception is the installation of HAWK (high-intensity activated crosswalks) devices.
The HAWK devices are modified traffic lights that are activated manually by pedestrians wishing to cross a street. Some HAWK devices have been installed on Buford Highway and elsewhere in DeKalb County. Funding for the devices came from federal grants. For details, read a story in the Atlanta Journal-Constitution (see link at end).
Power IT Down
For the third year, DeKalb County participated in a national one-day event, "Power IT Down," to promote energy conservation. At the end of the workday Friday, August 27, the Board of Commissioners and the county CEO asked all county employees to save energy and money by turning off their computers, monitors, and printers.
This event was the joint creation of technology-related companies, HP, Intel, and Citrix (The "IT" in the event's name is an acronym for information technology.) The three collectively donate money, equivalent to the estimated energy savings from this event, to the Wounded Warrior Project. Participating employees from the public and private sectors signed up at powerITdown.org.
I've been a cheerleader for this event from the beginning and this initiative is picking up momentum. Let's make it a "Power IT Down" day every day, everywhere in DeKalb!
Staffing Policy
There is no way to ensure that every decision is a good one. But every decision should be based on the best available data at that time. Gathering good data has been a challenge this year for the Board of Commissioners (BOC) as it deliberated the county's budget, including the size of its workforce.
Each department has an authorized number of staff positions, a number that has likely increased through the years, especially during periods of notable economic growth. But not all those positions are filled with county employees.
Why? Because when a position is vacated, a department manager may elect not to hire a replacement. Instead, they use the payroll savings from that vacated position to fund other operational expenses in the department.
The BOC has no way of knowing when a position is vacated because it does not receive line-item budgets for each department, only its total dollar figures. The CEO does have access to such line-item budgets, but historically has chosen not to share that with the BOC.
The CEO and department heads have a vested interest in maintaining or increasing existing funding levels in order to easily perform its services. This is part of the business-as-usual modus operandi that I have cited in several of these updates.
As a result of the county's historical approach to staffing, the number of paychecks does not equal the number of authorized positions in its workforce. This lack of synchronization makes it difficult for the BOC to properly evaluate budget requests and workforce size.
In an attempt to synchronize the numbers, the BOC passed an ordinance that abolished positions vacated by this year's early retirement offer as well as positions that have been vacant since December 15, 2009. The ordinance included exceptions for public safety personnel and other positions identified by the administration as critical to county operations. The CEO vetoed the ordinance, but his veto was overridden by the BOC on a 5-2 vote.
The CEO insisted the county organizational act (the "county constitution") does not give the BOC authority to approve or reject the creation of staff positions. At the same time, the CEO requested permission to refill some positions vacated in early retirement. To summarize his position, on one hand the BOC does not have authority, but on the other hand, it does.
The organizational act states the CEO has authority to supervise county employees and to reorganize departments, but it is silent on the matter of creating positions. In the absence of explicit language, it seems reasonable that the authority for creating positions resides with the BOC because it bears final approval of the county budget, namely the money to pay the compensation (i.e. wages and benefits) of such employees.
The new staffing ordinance also ensures the county will be able to lock in the savings from those non-essential positions vacated by this year's early retirement offer. As reported previously, the retirement offer was quite popular, resulting in the loss of more employees than planned. Those positions deemed essential, particularly public safety, have been, or will be, refilled with the BOC's blessing.
Links
November 2008 Update
http://www.commissionerrader.
PBS Blueprint America
http://www.youtube.com/watch?
AJC on HAWK Devices
http://www.ajc.com/news/new-
Commissioner Jeff Rader represents District Two on DeKalb County's Board of Commissioners. He was elected to the position in 2006 for a four-year term.
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