Decision on DeKalb County data-center rules may be delayed until early next year

(PRISM DeKalb) -- DeKalb County Commissioner Ted Terry said Wednesday he believes a decision on zoning regulations for high-tech data centers will be delayed until early next year, as the county refines proposed rules for the massive buildings filled with energy-consuming computer servers.

The Board of Commissioners is scheduled to vote on proposed rules for data centers at its regular meeting next Tuesday. Commissioners set the date for the vote last month and specifically said there would be no public hearing, meaning there will be no comments from the public when the matter is considered.

During a community meeting on data centers held at the Porter Sanford Center on Wednesday evening, Terry urged the public to ask their commissioners for a deferral of the regulations and an extension of the existing moratorium on data centers, which expires on Tuesday.

"We do not believe we can do a permanent moratorium," he said.

Terry said he supports requiring a 500-foot buffer separating data centers from parks, trails or residential properties. He said every proposal to build or expand a data center should require a Special Land Use Permit, a separate county zoning application that would require meetings of Community Councils and the county's Planning Commission, before a vote by the full DeKalb County Commission.

"I have been consistently advocating for the regulations to be stronger to ensure our DeKalb County is protected and well-invested," Terry said in an email before the community meeting.

At the Board of Commissioners' November 20 zoning meeting, county planners said they planned to make further changes to the proposed zoning regulations that were presented that evening. 

However, no updated draft of the rules has been published by the county's Department of Planning & Sustainability. 

A document posted Tuesday on the planning department web site, purporting to be what commissioners will consider next week, contains a one-month-old staff analysis and a one-month-old draft of the text amendment -- the same materials that were presented to the Board of Commissioners on November 20.

Construction of data centers has grown rapidly in Georgia since 2018, when the General Assembly granted an exemption from sales taxes for the equipment in data centers. An attempt to repeal that exemption failed last year.

The Data Center Coalition, a national association representing major technology firms and the data center industry, seeks the removal of barriers to faster data-center construction and operations.

"Data centers are the digital foundation of our economy—powering everything from AI development and financial services to defense operations and secure communications. Accelerating the permitting process is critical to keeping pace with skyrocketing demand," the industry group says.

State ethics board finds probable cause DeKalb County Commissioner Nicole Massiah violated campaign finance law

There are "reasonable grounds" to believe DeKalb County Commissioner Nicole Massiah violated state campaign finance rules three times in 2024 by failing to file disclosure reports related to her election until six months after they were due, the Georgia Ethics Commission said Thursday. 

The commission's unanimous decision, at the end of a preliminary hearing, cleared the way for a full hearing on allegations Massiah did not file a personal financial disclosure statement and two campaign-contribution reports on a timely basis, waiting until 2025 to submit them.

"Violations are violations and the violations speak for themselves," one ethics commissioner said.

Unless Massiah reaches a consent agreement with the ethics board in the next 30 days, the commission will schedule a hearing on the alleged violations under provisions of the state's Administrative Procedure Act.

During Thursday's probable-cause hearing, Ethics Commission Deputy Executive Secretary Steven Knittel said a financial disclosure statement that should have been filed within 15 days of qualifying as a candidate in April 2024 was not submitted until October 2024, a few weeks before the election. 

DeKalb County delays final vote on data-center rules

The DeKalb County Board of Commissioners on Thursday delayed action on zoning regulations for data centers, voting 5-1-0 to schedule a vote on the day in December when an existing moratorium on the facilities expires.

County planners said they would be making minor changes to the amendment during the next month, in preparation for a vote during a morning meeting of the BOC on December 16.

The Thursday evening zoning meeting was interrupted several times by a few unruly opponents and police were asked to remove some of them from the room. At one point, Commissioner Michelle Long Spears, who was presiding, threatened to call a recess if the disruption did not end.

DeKalb County Planning Commission recommends new data-center regulations

The DeKalb County Planning Commission on Thursday recommended approval of an zoning code amendment establishing regulations for data centers. The vote was 5-0-1 (one abstention).

During public comments, DeKalb Soil & Water Conservation District Supervisor Jan Dunaway noted that distance requirements between data centers have been removed from the latest draft. She also said the amendment did not address cooling water discharges. 

"I do not see anything in here that says I cannot discharge [coolant] into the sewer system or the stormwater system," Dunaway said. "The antifreeze is going to end up in our streams. That is a major concern."

DeKalb School Superintendent Horton indicted in Illinois for alleged kickbacks

Dr. Devon Horton, Superintendent of the DeKalb County (Ga.) School District, was indicted Thursday on 17 federal charges of wire fraud, embezzlement and tax fraud in Illinois, where he worked as a school superintendent from 2020 to 2023.

"Effective immediately, Dr. Horton has been placed on paid administrative leave," the DeKalb County Board of Education said in a statement. "The Board of Education has appointed Dr. Norman C. Sauce III, Chief of Student Services, to serve as Acting Superintendent." 

The indictment alleges Horton received thousands of dollars in kickbacks from District 65 contracts he awarded to companies he was involved in, the Evanston Roundtable reported. 

"Three men described in the document as his friends: Antonio Ross, Samuel Ross and Alfonzo Lewis were also indicted. The indictment charges the four men took kickbacks from businesses they owned that made contracts with District 65 and Chicago Public Schools (CPS) without disclosing their involvement or financial stake," the Illinois online newspaper said.

The indictment claims the four men “made materially false and fraudulent representations” to make it appear that Horton did not have financial stake or involvement in the companies he awarded District 65 contracts to, the Evanston Roundtable said.

DeKalb County to consider zoning cases on Feb. 25 after weather delay

After the cancellation of the zoning meeting of the DeKalb County Board of Commissioners on Thursday, January 23, a new schedule has been announced. 

Many of the applications that were on Thursday evening's agenda will now be heard during the commission's Tuesday morning meeting on February 25. Others will be heard at the commission's regularly scheduled zoning meetings in March and May.

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These cases will be considered on FEBRUARY 25 at 10 a.m. at 178 Sams St. in Decatur:

DEFERRED CASES:

D1-2023-1466     TA-24-1246761

Application of the Director of Planning & Sustainability for a text amendment relating to film studio requirements and for other purposes. Planning is asking that the application be "withdrawn without prejudice" because "the permitting and further definition of large-scale studios and related accessory uses will be comprehensively addressed in the Zoning Rewrite set to begin in early 2025." The Planning Commission voted 7-2 against the application earlier this month.

D2-2024-0815     TA-24-1247197

Application of the Office of Commission District 2 to reduce the minimum unit size for single-family dwelling units in the single-family R-75 (Residential Medium Lot-75) and R-85 (Residential Medium Lot–85) zoning districts. The Board of Commissioners voted 5-0-0 in November to defer the proposal until its January zoning meeting, which did not take place. In November, Commissioner Michelle Long Spears moved to delay action in order to address concerns about the proposal and brief incoming commissioners. Information can be found here: https://bit.ly/3PTclpb 

NEW CASES:  

N1-2024-1438   SLUP-25-1247288

Application for a Special Land Use Permit for up to 6 people in a personal care home at 3195 Kelly Chapel Rd. (R-100). Staff recommends approval. The Planning Commission voted 8-0-1 for approval with the condition that the SLUP be renewed after two years of operation. Information at: https://bit.ly/4avOHs6

N2-2024-1439   SLUP-25-1247279

A SLUP application by The Universal Church, Inc. to allow a place of worship in the Scottdale Overlay District Tier 1 at 3110 E Ponce de Leon Ave. (zoned M, Light Industrial). Staff and the Planning Commission (9-0-0) have recommended approval with conditions that the SLUP be non-transferable and that the applicant submit a site plan showing sufficient parking before a Certificate of Occupancy is issued. Information: https://bit.ly/4ggVdV3

N3-2024-1440  SLUP-25-1247277

A SLUP application by Boston's Funeral Cremation Services to add a crematorium to an existing funeral home at 5644 Memorial Dr. (zoned C-1). The Planning Commission (9-0-0) and planning staff are recommending denial. A similar application was withdrawn in 2020. Information: https://bit.ly/40Ohp4y

N4-2024-1441  SLUP-25-1247296

A SLUP application to allow a gas station selling alcohol at 5099 Memorial Dr., Stone Mountain (zoned C-1), which was formerly the Original Pancake House. The applicant is asking for "withdrawal without prejudice." Planning staff and the Planning Commission (9-0-0) support this request. Information: https://bit.ly/4ggVdV3 

N8-2024-1445  SLUP-25-1247287

A SLUP application to allow a commercial campground at 1102 Stewart Mill Road, Stone Mountain (zoned R-100). Planning staff are recommending approval. The Planning Commission voted 9-0-0 for approval with the condition that an 8-foot fence be installed along the residential boundary. Information: https://bit.ly/40MOfCA

State of Emergency lifted after DeKalb County winter weather woes

A state of emergency in DeKalb County ended on Thursday, the day after DeKalb County CEO Lorraine Cochran-Johnson declared one because many icy roads were impassable and efforts to treat them moved slowly.

“Although conditions have improved, we urge everyone to exercise caution, especially after dark, as icy spots may persist,” Cochran-Johnson said. 

“As we return to normal operations, I want to thank the residents of DeKalb County for their patience and cooperation during this challenging time,” she said.  

DeKalb County BOC zoning meeting cancelled

Tonight's zoning meeting of the DeKalb County Board of Commissioners has been postponed, as the county continues to recover from winter weather.

Commissioners generally make the final decision on zoning applications during the Thursday evening zoning meetings, which are held every two months.

"Due to inclement weather, the Board of Commissioners Zoning public hearing originally scheduled to be held on Thursday, January 23, 2025 at 5:30 p.m. has now been CANCELLED," the DeKalb County Department of Planning & Sustainability said. 

The county had earlier said that the meeting would take place virtually.

"New meeting dates will be determined and announced soon," the planning department said.

A meeting of the county's Watershed Customer Service & Billing Advisory Board scheduled for earlier in the day was also cancelled.

DeKalb County offices, senior centers, libraries and recreation centers remained closed on Thursday.

DeKalb County "boil water" notice expands after break in aging water main

Continued work on a water main break on Clairmont Rd. led Wednesday to an expanded "cautionary" boil water advisory for portions of western DeKalb County, reaching into parts of the City of Decatur.

The DeKalb County Department of Watershed Management issued the advisory for an area east of Moreland Avenue, west of Candler St./Clairemont Ave., south of Mason Mill Rd., and north of Hosea L. Williams Dr. 

"DeKalb residents who receive their water from the City of Atlanta are not affected by the boil water advisory," the department says.

The break in a 30-inch cast-iron water main on Clairmont Road near Dresden Dr., which was installed in 1941, initially affected about 8,800 households in the Toco Hills area and nearby.

DeKalb County proposes 10 years of 10-percent annual water rate hikes

The incoming administration of DeKalb County CEO Lorraine Cochran-Johnson proposed Tuesday to increase water rates 10 percent per year for the next 10 years, while asking for modifications to a federal consent decree that has been in effect since 2010.

Chief Operating Officer Zach Williams offered the proposal to DeKalb County commissioners after they returned from a nearly three-hour executive session. He said it would "provide the long-term solution that will allow us to address nagging issues."

With compounding, the Cochran-Johnson administration proposal would mean that a $100 water bill today would rise to more than $259 in 10 years.

Michelle Long Spears is new Presiding Officer for DeKalb County Commission

The DeKalb County Board of Commissioners on Tuesday voted unanimously (7-0-0) to approve Michelle Long Spears as the new Presiding Officer for this year. Nicole Massiah was elected Deputy Presiding Officer in a 6-1-0 vote. Ted Terry was the lone vote against.

Other actions during the first BOC meeting to include all of the newly elected commissioners:

An application for a Special Land Use Permit for a coffee shop at 3823 N. Druid Hills Rd. was deferred (7-0-0) to the BOC's February 11 meeting with a public hearing. This was done because is there a companion application already scheduled to be heard on that date.

The board approved the appointment of Eric Hubbard to the Zoning Board of Appeals by a vote of 7-0-0.

Appointment of Hillary Gardner to the DeKalb County Public Library Board of Trustees was deferred until the Jan. 28 BOC meeting. She was interviewed later in the day by the BOC's Planning, Economic Development & Community Services Committee, which unanimously recommended approval of her appointment.

State recognizes two DeKalb County schools for improved graduation rates

Two DeKalb County schools are among five schools in the state that have been recognized by the Georgia Department of Education for exceptional academic improvement or achievement.

Clarkston High School and McNair High School, which had been cited for having low graduation rates, are no longer being classified as Comprehensive Support & Improvement Schools, because their four-year graduation rates rose above 67 percent in 2024. 

DeKalb County warming centers open for at least one week

DeKalb County will operate several warming centers 24 hours a day for the next week, as temperatures are expected to fall nearly 10 degrees below normal and wintry precipitation is expected on Friday and Saturday.

"We're going to see the first very serious bout of cold weather for this winter," DeKalb County Chief Operating Officer Zach Williams said Tuesday. 

"We've had shelters open as early as early November, but we are anticipating cold weather through the next week. We will be utilizing several 24-hour warming centers," he told a meeting of county commissioners.

$40 million in federal funds coming for DeKalb County water, sewer system

A bill that would provide $40 million for water and wastewater infrastructure projects in DeKalb County has been approved by the U.S. Senate and is being sent to President Joe Biden.

The Water Resources Development Act of 2024 was approved by the Senate by a vote of 97-1 on Wednesday. The funding for environmental instructure in DeKalb County was one of the priorities secured by U.S. Senator Reverend Raphael Warnock (D-Ga.), his office said.

The funding is contained in Senate Bill 4367, "An Act to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes."

DeKalb County murder-suicide cited as example of gun risks

A letter to the editor in Saturday's New York Times cites a DeKalb County murder-suicide as an example of the risks of having a gun in the home.

"Americans have been sold a myth about guns: that people are safer armed. Many have bought into this myth," writes Nina Vinik, founder and president of Project Unloaded, a nonprofit organization working against gun violence.