Can a Cell Tower and a School Just Be Picked Up and Moved?

Here is a recent 2013 WSB-TV map of cell tower schools.
Note the location of Narvie Harris.

DeKalb residents voted yes on SPLOST IV.  Are we facing the same issue that has been reported in Fulton County? (see Patch article below)  Does this mean our Atlanta-area school systems be working together on a "master plan" that has not been revealed to homeowners and taxpayers?


Or is it a coincidence that schools approved in the Fulton SPLOST are now being torn down and rebuilt elsewhere and a recent WSB-TV maps shows a school (Narvie J. Harris Elementary) suddenly appearing in a new location?

Here is a map from a 2011 WSB-TV report  on cell towers.
Note the location of Narvie Harris.

DeKalb approved money in SPLOST for "demolition" without any clear indication of what exactly will be demolished.  Are they planning to tear down schools, homes, businesses, or more?  Will Fernbank, Smoke Rise and other schools we thought were going to be rebuilt in their current locations actually going to be moved elsewhere?  The same name but a totally new school in a new location?

Has this plan already started with Narvie J. Harris Elementary School?

Homeowners Fight Fulton BOE in Eminent Domain Claim
From the Sandy Springs Patch:

Twenty-one members of Riley Place Homeowners Association sent a letter to the Fulton Board of Education to protest possible relocation of Heards Ferry Elementary to their neighborhood on the southern end of Riverside Drive. The site is across from St. Andrews Presbyterian Church.

“We’ve already been threatened with eminent domain.” said Herb Carter, one of the homeowners refusing to sell his property.

Fulton County BOE makes threats to take
over homes that residents don't want to sell.

The homeowners' letter said in part: “The site on the southern end of Riverside [Drive] would require condemnation of at least two homes which homeowners do not want to sell…This is very valuable property made up of minimum 2 acre tracts, and the cost of land per acre, even after condemnation, would be about as high as any residential land Fulton County could consider acquiring.”

On Wednesday, more than 100 residents attended a public meeting at Riverwood International Charter High School on the relocation of Heards Ferry Elementary. Most at the meeting said they are opposed to moving the school to any new location.

Patrick Burke, Deputy Superintendent of Operations, said that by voting for the SPLOST referendum in November 2011, Sandy Springs residents approved moving Heards Ferry. He later added, “We’re studying what it would take to build on this site and keep things on this site.”


More on the SPLOST vote below.
During the meeting Burke said eminent domain is rarely used. “That’s not to say that we won’t use it,” he said.

The Riley Place homeowners represented in the letter do not have confidence in the Fulton County Board of Education. They complained in the letter that two previous meetings this year, on moving Heards Ferry, were not adequately announced to nearby residents and the general public.

Chris Clark, head of Riley Place HOA, said residents learned the Fulton County Board of Education was interested in their neighborhood about two months ago. “Out of six pieces of property that they need, [owners of] four have been approached by a mystery realtor,” he said. “We have not heard anything from [those property owners]. We assume they made a deal.”


Did you know the 2011 SPLOST referendum approved moving Heards Ferry?
Several residents say they now realize that they didn't understand the SPLOST referendum approved in November 2011.

Linda Gold's children attended Heards Ferry and Riverwood. “[Burke] kept saying that the voters voted for us to replace the school. I didn’t vote to replace the school,” she said.

Gold added, “I wouldn’t have voted for the SPLOST had I known they were going to rip Heards Ferry down. I thought that the money was going to build a new place on the site or repair it. I had no idea and neither did any of my friends.”


Did you misunderstand the 2011 SPLOST referendum? How do you feel about homeowners possibly being moved out by eminent domain?

See also: Residents Strongly Oppose Moving Heards Ferry Elementary

Should They Call It "Smoke and Mirrors" Elementary?

Reprint from The Tucker Patch and The Stone Mountain - Redan Patch

Posted on April 25, 2012 at 11:00 pm

This is a blog about Stone Mountain's Smoke Rise Elementary School, sort of. But, first a little background...

Ever since my husband and I heard about the ridiculous proposal being considered by the DeKalb County School Board last May, we have tried to warn others. We started with our neighborhood, branched out to our school community and then reached out to other schools near ours.

We wrote to various blog websites, the local media and started petitions. We called and wrote to school board members, the PTA, our principal, the county and state government officials and friends from various school districts across the country. We used the name Get the Cell Out -Atlanta Chapter because we had heard about a group in California that had a similar bad encounter with T-mobile several years before our school board decided they were a reputable vendor to lock in for the next several decades (while they agree to take all the bonus money up front leaving the next couple of generations to deal with the downfall of the already outdated technology and the expense of trying to get out of the contract).

We even had residents contact us long after the decision was already made because they saw a video I put on YouTube that showed the large number of cell towers we already have in DeKalb County all around us.

We've worked together with several groups throughout all parts of the county to bring awareness to this issue. We've asked all the right questions about how something like this can happen without anyone standing up for the rights of the citizens. We just haven't received any good answers, so we have worked our way along the chain of command. And many people have joined in our efforts along the way.

The county commissioners heard the many, many complaints on this issue and jointly penned a letter to CEO Burrell Ellis on March 27. The letter explains the zoning ordinance already in place that would normally stop cell towers (aka telecommunications towers) from being built in residential neighborhoods or with building in their "fall zone." They raised their concerns with the CEO that the BOE or T-mobile may try to apply for an Administrative Permit to avoid the proper review normally necessary and to avoid the public notification requirements of a Special Land Use permit.

School Board Chairman Dr. Eugene Walker was quoted in Neighborhood Newspapers as stating that the commissioners were overstepping their authority by writing the letter. Overstepping? Really?

We're talking about the people who were elected into office for the precise purpose of enforcing our county codes and building regulations. These are the folks who are trained for this purpose and Dr. Walker thinks it is out of line for them to want to do their jobs?

Dr. Walker must have his degree in "Spin" because the Supreme Court of Georgia doesn't agree with his interpretation the school exemption laws. The court ruled that the exemption is only permitted when the property is used for governmental or public purposes, not for a proprietary purpose (money generating), which clearly that is the ONLY reason T-mobile / ATT is interested in the deal at all.

So, what's going on with Smoke Rise Elementary?

That's what we have been wondering because they have mostly kept quiet during all the cell tower discussions. Does that mean they are in favor? Or does it mean they still don't know about what's coming? Or does it mean that someone in charge of their charter had to make a deal with the devil and can't figure a way out of it now.

I have driven through the Smoke Rise community and handed out a few flyers, but a lot of the homes are gated and I thought I might be mistaken for a door to door solicitor. But, I can't help wondering ... does anyone at Smoke Rise know about the cell tower? Do they care?

The school is in a nice neighborhood that might not want to see property values go down, but perhaps they believe the new school will make their value go up. What new school? Oh, that's right, you might not know if you didn't vote this past November when SPLOST IV was the only item on the ballot.

Taxpayers agreed, likely without realizing it, to demolish a perfectly good, solid, well-built historic school with character and charm instead simply refurbishing it and saving us all the expense of higher taxes.

It will be torn down and a new one will go up right on top of the same spot and will house the exact same number of students: 600. We can only assume it will follow the trend of our other new schools, which means it will be replaced with a poorly constructed, inferior quality, overpriced cookie cutter version of an elementary school that will likely start to leak from the roof, grow mold and be closed down for good in a few short years.

Amid the construction chaos, kids will still be expected to attend school. They blow up half of the school and rebuild it while shoving everyone into the other half. When the first half is done, they shove everyone over there and repeat the process. And, when no one is paying attention, a cell tower will also go up, radiating the kids, teachers and surrounding community. Refer to the photos attached to this story to see exactly where the tower will go and how many are already nearby.

The most at risk are the people who live within a quarter mile of the tower as they have no way to escape the damage of being under constant background radiation that has been linked to damage to biological tissues and DNA and may even lead to incrased chances of certain forms of cancer. And, of course, the children stand the risk of constant headaches, dizzy spells, trouble sleeping, lack of concentration, poor memory, brain fog and hyperactivity which are commonly reported after a school gets a tower or sets up wi-fi.

The tower will bring contractors who have to constantly check the tower and make repairs at all hours of the day and night. It will invite copper thieves into the community and give them a handy place to park and hide out, too. School Board Member Paul Womack told a group of parents at a Briarlake meeting last September that this whole mess was intended to solve a communications problem over at Lakeside High School, which is the only school yet to have a signed agreement.

So, what do you think?

Is the Smoke Rise community doing the right thing by keeping quiet and not participating in the protest against the cell towers? Or, perhaps, are the residents still largely unaware of what's to come? How will they react when they find out about it? How will they react if they find out we all knew and didn't tell them about it?

Do you know anyone with a child at this charter elementary school? Do you know anyone who lives near it? Have you warned them about the T-mobile towers and the bad deal the school board has made to lease the property paid for by our tax dollars to a commercial enterprise seeking to make even more money off us and avoid their share of taxes?

Do they know they will get a chance to voice their opinion about cell towers (called telecommunications towers by those who don't want you to realize what they are talking about) on the July 31 ballot?

Don't you think you should tell them? Wouldn't you want someone to warn you if it were your child or your neighborhood? Let's work together for the sake of our entire county. We need to rise above political rivalry or whatever else might be getting in our way. There is still time to put a stop to them and we won't get another opportunity to even try for the next 30 years.

If you would like to learn more, please visit: www.GETtheCELLoutATL.org.

And please email CEO Burrell Ellis to lend your support for the county commissioners and their request to do their jobs. And, please sign the countywide petition at www.thepetitionsite.com/1/GTCO-ATL.

Register to Vote; Learn What's on the Ballot and Prepare to Vote on July 31!

Grand Jury Investigation for DeKalb County School Board: a Compilation of News Reports

(click headline for the full story)  Following are several news reports locally about the potential investigation into the DeKalb County School Board and several of their practices including conflicts of interest, SPLOST IV promotions and nepotism inside the system.

Stay tuned for more information as we are sure the cell tower issue will be among those discussed if the grand jury is indeed called to investigate.

Special grand jury
A "special grand jury" is one of two types of grand juries that exist in the U.S. federal system. While a regular grand jury primarily decides whether to bring charges, a special grand jury is called into existence to investigate whether organized crime is occurring in the community in which it sits. This could include, for instance, organized drug activity or organized corruption in government. As provided in 18 U.S.C. § 3331(a), the U.S. District Court in every judicial district having more than four million inhabitants must impanel a special grand jury at least once every eighteen months.^[21]


________________________________________________________________________
6:43 PM, Dec 30, 2011

11 Alive TV Report:  view the video here: 
http://www.11alive.com/news/article/219594/40/DeKalb-Schools-up-for-grand-jury-investigation

DECATUR - We may finally get some answers as to what's been going on inside the DeKalb County School System over the years. It's been plagued with controversy and now a Special Grand Jury could investigate.

The recommendation is in a recent report returned from the fall sitting of the Grand Jury in DeKalb County. They started asking questions about what's been going on inside the school district and "weren't satisfied with the answers they got from former and current administrators."

Neither were we, when we started asking questions, last fall, about the new superintendents job application. In it, Cheryl Atkinson indicated she had never been named as a defendant in a lawsuit. However, we discovered she was named as a defendant in a bankruptcy suit in 1998.

We asked why she had answered "no" to the question but never got a response from her or from the DeKalb County School System.

In its report to the Superior Court of DeKalb County the grand jury wrote that it had concerns over the delay in replacing former Superintendent Crawford Lewis, currently under indictment for racketeering, theft by a government employee and bribery.

They had concerns about the influence of School Board members over hiring of family and friends and about media leaks that caused Lillie Cox to withdraw her application to fill the vacant superintendent position. Concerns over the recent controversy involving school band members and allegations of hazing that led to the suspension of band activities was another issue.

The referendum for the special sales tax levy for education was also raised. The grand jury questioned whether school funds were improperly used to support the measure.

DeKalb District Attorney Robert James was present for some of the Grand Jury discussions and has now received the recommendation to convene a Special Grand Jury to investigate further.
He declined to be interviewed but sent us the following statement:

"On Thursday, December 29, I received the official DeKalb County Grand Jury presentment. We take the recommendations of the Grand Jury very seriously and will review the information pertaining to the concerns regarding the DeKalb County School System and determine a proper course of action." - DeKalb County District Attorney Robert James

We contacted the current superintendent Cheryl Atkinson and all board members for a comment on this story but got none. Even the communications person never responded to our calls.

_____________________________________________________________________

DeKalb County News (Reprint from Atlanta Journal Constitution)
Reporter:  Ernie Suggs
6:37 p.m. Thursday, December 29, 2011

Panel recommends special grand jury investigation into DeKalb schools

AJC Article here: http://www.ajc.com/news/dekalb/panel-recommends-special-grand-1280639.html

Detailing a laundry list of concerns, particularly the process that led to the hiring of DeKalb County School’s superintendent Cheryl Atkinson, a grand jury is calling for a special investigation of the school board.

Kent D. Johnson, kdjohnson@ajc.comThe grand jury questioned the drawn-out process that finally led to the hiring of DeKalb County School’s superintendent Cheryl Atkinson.

After their November-December presentments, the DeKalb County Superior Court grand jury has recommended a special grand jury look into the county school board, because, “It is clear that the school system remains top-heavy and suffers from a perception of conflicts of interest and waste.”

Among the more damaging allegations, the grand jury blamed the board for taking nearly two years to find a permanent replacement for former superintendent Crawford Lewis, who is now under indictment for fraud.

“While we have no issue with the work and effectiveness of the interim superintendent, not having a permanent superintendent in place for an extended period while the system was in turmoil and obviously needed significant improvements leads to questions about the school board’s effectiveness in meeting their sworn duty,” the report read.

The grand jury also noted that several aspects of the selection process were leaked to the media. Lillie Cox, the one-time front-runner to lead the schools, dropped out of contention for the job after contract negotiations stalled and details of her potential agreement were made public.

After withdrawing, Cox quickly accepted a similar position in a North Carolina school district.
Approximately 95,000 students are enrolled in DeKalb public schools, the third largest system in the state.

DeKalb County District Attorney Robert James told Channel 2 Action News that the report, was "explosive" and "something that we have to take very seriously."

It would be up to James' office to form a special grand jury to probe the school system.
"Whether or not I'm going to request that the superior court judges grant us the ability to have a special grand jury or we use our normal investigative power is something that I'm going to be reviewing over the next couple of weeks," he said.

The panel also noted that:

• The school board had too much influence in the hiring and retention of personnel, which created a culture where “friends and family” are benefiting.

• Several school officials connected with DeKalb County bands were engaged in outside activities that might have had an impact on their duties at work. Band activity at all schools has been suspended in the wake of the hazing death of a Florida A&M University drum major, who had graduated from Southwest DeKalb High. Investigators are looking at connections between the college and high school.

• The school system might have improperly campaigned taxpayers to approve the renewal of a penny sales tax. By law, systems are only allowed to provide information about the so-called SPLOST, but not lobby for or against it. In November, voters gave DeKalb County schools, where former superintendent Lewis is facing fraud charges related to previous SPLOST money, $475 million for school construction, including $144 million to replace seven elementary schools.

For their report, the grand jury interviewed Atkinson, former interim superintendent Ramona Tyson and school board chairman Thomas Bowen. District spokesman Walter Woods said the system is prepared to cooperate fully with any investigation.

"Beyond that, we haven’t see the report yet," Woods said.
____________________________________________________________________

WSB-TV report here:  http://www.wsbtv.com/news/news/education/dekalb-county-school-board-could-face-grand-jury-i/nGB4L/

DeKalb School Board could face grand jury

DeKALB CO., Ga. —

A DeKalb County grand jury is calling for a deeper investigation into the actions of school board members, citing questionable policies, spending and nepotism concerns.  The civil grand jurors spent more than a month looking at county operations and handed up their presentment Thursday.

"All of it concerns me. I'm a parent and I'm a taxpaying citizen of DeKalb County," said Robert James, who also serves as DeKalb County's district attorney.

He said he will spend the next few weeks deciding whether to ask the superior court judges to allow him to convene a special-purpose grand jury to look specifically at the DeKalb School Board.

"There is some validity. The question is, how much validity and does it warrant a further look?" said James, who called the report “explosive.”

The grand jurors listed five general concerns, including School Board influence in the hiring and personnel evaluation process, including friends and family with questionable salaries, and senior-level personnel employed in outside work that could impact job performance or lead to double-dipping on pay.

"Misrepresentation of information and fraudulently presenting certain things, that's when you get into criminal activity," said James. "But most of what they were talking about were not actual crimes, but waste and misuse of taxpayer dollars and nepotism and things of that nature. Which is -- however, in the province of a special grand jury."

They also cited the year and a half delay in hiring a permanent superintendent after Crawford Lewis's indictment on racketeering charges. He and other district workers are accused of accepting bribes and funneling work to his chief operating officer's husband.

Civil grand jurors also criticized School Board members for leaking information to the media regarding one of the candidates to replace Lewis. The candidate later removed her name from contention.

The grand jury questioned use of public funds to endorse and promote the last special-purpose local-option sales tax referendum. Public money is only supposed to be used for education relating to the projects, not a specific endorsement.

And the grand jury criticized Board policies for hiring attorneys and filing and managing lawsuits, with regard to exorbitant spending on a lengthy lawsuit to recover funds from Heery Construction, the district's former school builder.

James says several of the concerns are years old and stem from the prior superintendent's administration. A few have also surfaced previously and could come up in ongoing criminal cases.
School Board Chairman Tom Bowen was interviewed by the grand jurors and told Channel 2 investigative reporter Jodie Fleischer that he answered the questions to the best of his ability.
He says there is more the district can do to investigate and provide proof that the concerns are being addressed, and that he would like that opportunity before a special grand jury is deemed necessary.

WSB-TV NEWS VIDEO: Fight Brews Over Cell Towers On School Grounds

The Fight Continues Over Cell Towers On School Grounds

(click headline for the full story)

George Howell reporting, Channel 2

Updated: 10:22 a.m. Monday, July 11, 2011

Click photo above to play video.

WSB-TV, Channel 2 Action News,  has finally re-posted the original newscast that aired July 10, 2011, in the 11 p.m. news and then again several of the newscasts the following day leading right up until the DeKalb County school board's vote that evening at the public meeting. Thank you to Channel 2 and George Howell for taking an interest in our story and helping us get the word out to others.

Immediately following the vote, we were interviewed in the parking lot outside the "Palace" and the so-called "partial victory" was announced.  We were surprised that Brockett was taken off the list as we had assumed that the fate of all the schools had already been pre-determined.  At one point, the board members discussed removing some or even all of the other schools which we had been advocating for from the very beginning.  Because that did not happen, we decided to stay involved with this issue and follow it through to the end, whatever that may be.  

The transcript of the story is below:

DEKALB COUNTY, Ga. — Parents opposed to a proposal to put cell phone towers on DeKalb County school grounds worked to spread the word Sunday.The fight will be resolved in a school board vote Monday.

With a petition in hand, Paul and Cheryl Miller gathered as many signatures as possible against putting a cellphone tower behind Brockett Elementary School, where their daughter attended Pre-kindergarten.

"This is putting her health in danger, and absolutely, this is why I am speaking out and I hope others will do the same," Cheryl Miller told Channel 2's George Howell.

The other schools on the table include Brockett, Briarlake, Flat Rock, Jolly, Medlock, Meadowview, Narvie J. Harris, Princeton and Smoke Rise elementary schools, Margaret Harris Center and Martin Luther King Jr. and Lakeside high schools.

Cheryl Miller said she's concerned about radiation emitted from the tower and questions why T-Mobile, which is in the process of being acquired by ATT, needs a tower in a residential area.

"We don't see why our school would possibly be one of the ones that would help," she said. She said she’s concerned that not enough parents are informed of the issue.

"Most people aren't even aware that this is probably going to happen," she said. DeKalb School Board Chair Tom Bowen said there have been several meetings discussing health concerns.

"We've received a significant amount of feedback, but based upon the information that we've received, the safety, which is of paramount concern of the district, is within acceptable levels," Bowen told Howell.