DoraBlog

The Citation:

My partner Clint was stopped by Doraville Police on May 9, and issued a citation for “Failure to yield after stop sign” on Jess Norman Way at Stewart Road. The citation stated ”Veh was N/B on Jess Norman veh stop @ S/S then failed to yield right of way by pulling into roadway in front of my patrol veh”.

A couple of weeks later, it came to attention that the citation had been written to me, and not Clint, though the signature was clearly Clint’s. The officer may have made the mistake because the vehicle was titled and registered in both our names (see last paragraph), but mine was listed first on the vehicle Clint was driving at the time.

The officer had turned from northbound Wilton Avenue onto southbound/eastbound Chestnut, and was signaling to turn right onto southbound/westbound Jess Norman Way toward Buford Hwy, when Clint made his stop and then turned right. It would be a she said (female officer)/ he said, and not worth disputing had the citation been written to Clint, even though the officer was signaling to turn right, and a State Trooper friend said the citation was usual in his experience except in connection with a crash.

Doraville responded in a timely manner to my open records request for a video of the incident. Unfortunately the video was in no way useful in identifying the driver—it would have taken very little of a view of either of us to exonerate me, as we don’t look at all alike. There was no audio either.

The video showed Clint make a complete stop. It did appear in the video that Clint pulled out in front of the officer. Someone coming to a complete stop and then pulling out in front of a patrol car doesn’t make sense unless the officer was signaling to turn right. The video indirectly supported right turn signaling in that it showed the officer backed up Stewart Road, and made a right onto Jess Norman Way, after the citation was issued.

Court:

Pleading not-guilty, I was last on the 21 July docket (only one other person plead not guilty). The officer had a whispered conversation with the Judge when Clint and I were the only non Court personnel left in the Courtroom. The judge then called my name and informed me that “because of my record”, the charge would be reduced to a “warning”. I began to object to even a warning, but the Judge was surprised and said the alternative was a trial. Good enough for me as it maintained trust in the Justice system, though it left me wondering as to the conversation between the officer and the Judge.

Scoring:
Writing the ticket: D. Assuming the officer was signaling to turn right, a warning would have more than sufficed.
Open Records Request: B+. Timely response, Capt J.S. Brown was very cooperative. Cost $5.67
Court experience: B-. Insufficient parking, two hours before case was heard, Judge did a good job explaining the proceedings in a general way, and made a good effort to insure fulfillment of due process.

Court Observation:

The City earns a lot of revenue fining illegal immigrants for driving without a valid driver’s license. Ten $651 fines were levied for driving without a driver’s license in the Courtroom where my case was heard. There may’ve been other such fines in the other Courtroom. My guess is that at least eight and perhaps ten all were immigrants. If such cases are heard one day per week, and the number of cases I observed was typical, the city is collecting on the order of $300,000 annually in such fines.

Save on vehicle ad valorem taxes:

For those not aware, vehicle ad valorem taxes for co-owned vehicles are levied based on the birthdate of the person listed first on the title/registration. With us having a May and October birthdays, we title and register our vehicles listing first whichever of us would defer payment of taxes (and conceivably reduce the tax based on the vehicle being older at the time tax is due).

When I first moved to Doraville, it was a dream of mine that candidates for local office would all have websites where voters could find out their positions on issues affecting the city. Slowly but surely, we have been getting there – especially over the past few election cycles.

Some politicians are beginning to take their online campaigning a step further – creating groups and fan pages on Facebook. Brian Bates, who has a long history of using electronic media to communicate with voters, recently set up a Facebook Fan Page which he is using to connect with voters. Donna Pittman, a council member who has gotten more and more comfortable with electronic communication over her years in office, set up a Facebook group at almost the same time.

I commend both of these candidates for working hard to get their messages out to the voters. If anyone knows of other politicians running in the upcoming elections whose links should be posted here – leave a comment!

• Friends to Elect Brian Bates Facebook Page
• Friends to Re- Elect Donna Pittman Facebook Group

The worst of the pavement was patched soon after the post, and before the County received the followup letter in the post.

The County responded to that second letter as well, expressing appreciation for my offer to assist in seeking restitution to the County, but that the County hadn’t made a decision on seeking restitution. (I’m hoping that means that the County is not yet sure who is responsible, because there’s no reason not to go after the $1000 plus to make proper repairs.)

The County also said it would investigate damage that may have been overlooked when the pavement was examined in response to my first letter, and that a more substantive repair would be programmed. For me, that means 9 months before following the substantive repair (unless the recent repairs don’t last and the road again demands immediate attention).

This second post concerns the extensive damage wrought to Chestnut Drive pavement by utility work in connection with the three new home on the southwest corner of Chestnut Drive and Aztec Road just outside Doraville city limits.

The background is that I placed a letter at each of the three homes requesting the builder arrange for proper repairs in late January, with copy to DeKalb Roads and Drainage (R&D). Having received no reply and no repairs having been made after four months, I wrote DeKalb R&D about the pitiful conditions and received a reply from DeKalb R&D about three weeks later. My response to DeKalb R&D is below:

Dear Mr. Glover (ADPW, DeKalb Roads and Drainage Division)

Thank your for your timely June 15 acknowledgement of my May 26 letter (copies attached) concerning poor pavement condition on Chestnut Drive near Aztec Road. It is clear from recent paint markings on the pavement that an inspector has assessed pavement condition as you stated would be done.

As you noted, I had stated that most of the damage occurred in conjunction “…with utility (sewer?) work in 2008 for the three new homes…”. Note the utility work may have been water and not sewer. Also, I write to reiterate that the pavement damage at the manholes, and in between the manholes, is a result of inadequate pavement restoration associated with utility work for the new homes.

I suggest that DeKalb County seek restitution from the builder of the homes, or the contractor that did the utility work, or that the builder or contractor make proper repairs, if the county forces were not responsible for the inadequate repair. I expect that proper repair will cost at least a couple of thousand dollars. I will provide an affidavit to the effect that the damage was associated with the new home construction if that will assist the county in seeking restitution.

Additionally, I desire to point out that the recent paint markings on the pavement did not identify a significant depression adjacent to a manhole on Aztec Road less than 100 feet east of Chestnut Drive. The manhole’s concrete apron is in good condition, but the depression is in effect a pothole. This depression too was associated with the utility work for the new homes.

I look forward to Chestnut Drive pavement repair, and don’t hesitate to contact me if I may be of help with respect to restitution if applicable.

Sincerely

Dave Bearse

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Other DeKalb R&D interactions

DeKalb R&D has been responsive in restriping crosswalks after repaving projects when the restriping is brought to attention. Most recently DeKalb R&D restriped the Pineland Ave crosswalks at the Stewart and Wilton Road intersections when it was brought to attention that the restriping was overlooked after repaving of Pineland Avenue between those intersections. Stewart Road crosswalks at Pineland Ave and Aztec Road were likewise restriped a few years ago when brought to attention after that road was last resurfaced. DeKalb R&D at the same time also restriped the Aztec Road crosswalk at the creek that serves Sequoyah and Reynolds schools, and removed vegetation that affected visibility along Aztec Road from the crosswalk when it was brought to attention.

DeKalb R&D recently replaced a graffiti-damaged stop sign and removed limbs blocking view of the sign on northeastbound DeKalb Tech Parkway at Chestnut when it was brought to attention. The street signs (Chestnut Drive – DeKalb Tech Parkway) at the intersection were also replaced at that time.

I wrote identifying a ten potholes/pavement defects (mainly associated with manholes or underground conduit between manholes) in March 2006. Most were within a few blocks of the Pineland Ave Chestnut Dr intersection. Those repairs as well as others not identified in my letter (I was prioritizing) were repaired in June or July—perhaps residents of those streets recollect those repairs being made.

This to say that DeKalb R&D generally does a good job attending to specific defects — allow 90 days. Indeed as noted above DeKalb R&D will often correct other defects or make other improvements beyond those that have been requested — prioritize and focus on safety.

This is intended to be the first post in a series conveying various ongoing or recently completed interactions with government. I’d intended the first post to be more explanatory of the series as a whole. Perhaps I’ll explain later. I’m introducing the series with the interaction below, which is self-contained.

________________________________________
From: David Bearse
Sent: Thursday, July 02, 2009 12:50 AM
To: 311 Citizen Call Center
Subject: Sanitation Department

To The DeKalb Sanitation Department:

I came across the hatchback of a very small vehicle while walking the dog on Tuesday 30 June just after midnight. The hatchback was laying curbside on Aztec Road at Sequoyah Middle School where it posed a hazard to road users, especially should the glass be broken.

I carried the 50lb hatchback two blocks home. I am writing to request and seek instructions for having it picked up curbside of my home at no charge. Short of instructions for a no charge pickup, the hatchback will be returned the location where it was found the week of 12 July. My past good experiences with DeKalb Sanitation service make me confident I will receive those instructions on or before 8:30am 12 July.

I look forward to a reply:

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I talked to DeKalb Sanitation workers making the rounds picking up limbs the morning after I transmitted the message above. They obviously couldn’t take the hatchback, and said policy was not to pick up auto parts. I didn’t realize until a couple days later that the Sanitiation workers were giving me a rheutorical wink when they kept telling me to take it out Monday and see what happens.

ot pit was but suggested that it merely be set out at the curb for the next regular pickup and see what happens. The message below arrived in the afternoon.

________________________________________
From: Xxxxx, Xxxxxxxxxx On Behalf Of 311 Citizen Call Center
Sent: Thursday, July 02, 2009 1:49 PM
To: David Bearse
Subject: SR#957483: Sanitation Department

Dear Mr. Bearse,

Unfortunately the Sanitation crew may not collect the item because it’s considered an auto part. Below, please find the procedure for the disposal of auto parts:

Q: Will the County pickup auto parts from the curb?

A: DeKalb County Sanitation will not pickup car motors, fenders, doors,
Radiators, etc. Residents must contact the Seminole Landfill at 404-244-4896 or
Any local salvage company for disposal of these items.

Service Request # xxxxxx has been created to tract your inquiry. Please feel free to call us at “311” within Dekalb County or 404 294-3911 outside of Dekalb County if we can further assist you.

_____________________________________________

Sure enough it was picked up Monday. Duh! I was acquainted with the Sanitation workers and they me, and I should’ve immediately realized it was their way of telling me not to worry about it.

Call Center grade: B; prompt and authoritative reply, but short of excellent.
DeKalb Sanitation grade: A.