Response from County Commissioner Kathie Gannon's Office

(Click headline for full text of this letter of response)

Thank you to one of our GTCO-ATL followers for emailing us the response below with permission to publish.  It is so helpful for all of us to try to work together, compare notes and sort out the inconsistencies in order to figure out what is really going on with these cell towers and how they are being approved.  GTCO-ATL will be formulating a follow-up to the response below and will post any other comments received as well.

If you have an email response or your email/letter of inquiry to share, please email it to us at sayno2celltowers@yahoo.com.  Your name and contact details will not be posted or shared unless you instruct us to do so.

We would also like to thank Commissioner Kathie Gannon, Super District 6, and her Policy and Project Manager Davis Fox for the most complete response we have seen to date.  It is evident that those who have nothing to hide do not mind sharing what they know with the constituents they have taken an oath to represent. 
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March 5, 2012

Thank you for writing Commissioner Gannon regarding the cell towers on school property. There are many simultaneous issues going on with the cell tower issue that complicate this matter. Commissioner Gannon does not favor the construction of the cell towers on school property. However neither she, nor the Board of Commissioners have the authority to stop their construction. Please allow me to explain some of the factors involved.

• In the DeKalb form of government the Chief Executive Officer, Burrell Ellis, is responsible for the administration of government and the Board of Commissioners is responsible for setting policy, approving the budget and passing laws. The CEO and his staff give work direction to the departments. If the County had the authority to deny a permit, it must come from the executive branch. The Board of Commissioners cannot give work direction to County employees.
• Schools are usually located in residential zoning districts. Normally to build a cell tower in property zoned for residential uses, the owner of the property must seek a zoning variance before the Board of Zoning Appeals.
• Boards of education in the State of Georgia cannot be regulated by local governments. This means they are exempt from zoning codes, and do not have to go through the normal process of applying for a variance to the Board of Zoning Appeals. It also means they do not have to have building permits. They may build without them. Georgia Supreme Court cases have established this legal precedent. To change this ruling, the General Assembly must pass a law. It is my understanding the Representative Drenner has introduced such a piece of legislation.
• T Mobile is the tenant, and the Board of Education is the property owner. Even if T Mobile does apply for a permit, it is done so on behalf of the Board of Education. The owner is the responsible party, and the owner must comply with the zoning regulations. The Supreme Court has also ruled that tax-exempt owners can be engaged in for-profit business if the proceeds of the for-profit business provide financial support to the tax-exempt purposes of the owner.
• I know you would like for the County to simply not grant the permit. I don’t know if T Mobile will seek a permit. In any case, such a decision to deny a building permit would have to come from the executive branch. On a practical basis, the County will not deny a permit without a valid legal reason, ie.: it doesn’t comply with zoning, or it is designed incorrectly, etc. If the County denied an applicant without a valid, legal reason, the County is exposing itself to a lawsuit and to legal costs.

Essentially, the Board of Education and T Mobile are exploiting a loop hole in the rules.  I know you may find the information above as disheartening, wrong, or counter to what you believe is fair. Commissioner Gannon believes the cell towers should be more closely regulated, and the Board of Education should be subject to the same rules as every other property owner.  However her authority and the Board of Commissioners' authority is determined by the DeKalb County Organizational Act, the United States and Georgia constitutions and the laws of the State as affected by Court opinions.

I hope this information provides some clarity. Thank you for writing Commissioner Gannon, and let us know if you have further questions.
 

Davis Fox

Policy and Projects Manager for
DeKalb County Commissioner Kathie Gannon for District 6

Contact InfoDeKalb County Board of Commissioner
Manuel J. Maloof Center
1300 Commerce Drive
Decatur, GA 30030
404-371-4909 phone; 404-371-7004 fax

 kgannon@dekalbcountyga.gov