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The February 9 General Meeting at Round Trip Brewing and via Zoom provided neighborhood updates and information on upcoming developments. Membership Chair Natalia reported on the ongoing annual membership drive, which has so far gathered 40 members. Social Chair Maria shared updates on the upcoming March 29 Easter egg hunt and playgroup activities. Jessica Hill, Molloy Peterson, Greg Cato representing Selig Inc. presented plans for the Phase 2 multi-use development of the Works, including potential office buildings, multifamily units, and a grocery store. The meeting voted to approve a liquor license for Summerland, an all-day bakery and cafe. UWCID Executive Director Elizabeth Hollister discussed the Collier Road study results and plans for a mural on a retaining wall. UHNA Treasurer Debbie Whitlock presented the 2026 budget, highlighting 2025 shortfalls in revenue and expenses, and explanation of the current estimates. The meeting voted unanimously for approval. The meeting ended with thanks to sponsors and an appeal to invite neighbors to become new members.

All relevant documents are available for review via the Agenda.

The Crime Prevention Unit has set the date for the Spring 2026 Citywide Neighborhood Watch Training, at the Public Training Center (1350 Constitution Rd.) for March 21, 2026. We are looking forward to seeing familiar faces and new faces join us. Please help us spread the word, we will be very grateful.

All attending need to register by March 13, 2026, by the end of the workday (6:00pm). 

If you have any further questions, please let us know. Hoping for a great turn out and hope to see you all there. 

Thank you for your time and consideration, 

Keisha Hebert
Crime Prevention Inspector

Atlanta Police Department Zone 4
1125  Cascade Circle S.W.
404-546-5320 kehebert@atlantaga.gov

The next GM includes a few interesting things; presentations by Selig Co. on The Works Phase II Proposed, by Victual Inc. (Summerland) for their Alcohol Licence, updates from UWCID on the Mural designs, by Membership on the Annual Drive, Youth Committee on upcoming opportunities, and the Discussion and Vote on UHNA 2026 Budget. (note Membership must be Current to vote on the budget). Full Agenda with links to documents is HERE.

Details on the UHNA Calendar.

UHNA Liaison to the Buckhead Council of Neighborhoods (BCN) and UHNA Vice President Beau Grant provides a summary of recent activities you should be aware of.

ATLANTA’S EFFORTS TO IMPOSE A NEW STORM WATER FEE 

Atlanta is facing a new "Stormwater Utility Fee," a policy widely known in legal battles as a "Rain Tax." This does not merely introduce an additional standard utility rate fee; it amounts to a new, permanent tax levied on the "impervious surface area" of your property—your roof, driveway, and patio. Unlike taxes, which require a vote, this "fee" is being imposed administratively without a Sunset Clause. Without a Sunset, the fee will permanently continue long after the Consent Agreement compliance projects are complete.

This initiative is led by the new Department of Watershed Management (DWM) Commissioner, Greg Eyerly. Recruited from his last role in Houston, Texas, during his tenure there Eyerly Eyerly deployed this exact scheme which has resulted in a decade-long legal quagmire, Jones & Watson v. City of Houston, where engineers and residents successfully sued the city for diverting "drainage fee" revenue to pay for general city salaries and administrative overhead. There are several other legal cases relevant to this issue, some of which were litigated in the Atlanta area, which are at the bottom of this report.

The "Double-Dip" 

We are already paying for stormwater management via Sewer Rates and the Municipal Option Sales Tax. This new fee is a calculated "Double-Dip" taxation scheme.

1. The MOST 10% Set-Aside: The Municipal Option Sales Tax (MOST) was reauthorized in 2024. The legislation explicitly allows for up to 10% (approximately $12.5 to $18 million annually) of that revenue to be dedicated to stormwater management projects. If we pay a new fee, that sales tax revenue becomes a slush fund.
2. Sewer Rates (Combined System): A large portion of Atlanta (including Proctor Creek/Upper Westside) relies on a Combined Sewer System. Rainwater goes into the same pipe as sewage. Residents already pay a Sewer Rate based on water usage to treat this mixed water. Charging a separate fee for "runoff" that enters a pipe you already pay to "treat" is billing for the same gallon of rain twice. 
3. Consent Decree Funding: The MOST primarily funds the Federal Consent Decree, which mandates massive tunnels like the West Area Tunnel. These exist almost exclusively to manage stormwater surges. The MOST is already a de facto stormwater tax.

The Math is Simple:

• Current Reality: (Sales Tax [MOST]) + (Sewer Rates) = Fully Funded Mandated Infrastructure
• Proposed Scheme: (Sales Tax [MOST]) + (Sewer Rates) + (New Impervious Fee) = Surplus Revenue & Bloated Administration

Warnings from Houston of What’s to Come to Atlanta Water Customers:

Commissioner Eyerly’s track record in Houston is defined by "regulatory compliance" funded by aggressive rate hikes rather than efficiency. In Houston, the "Drainage Fee" became a permanent cash cow. 

• Houston used the fee to pay for unrelated administrative roles, street sweepers and traffic light technicians, claiming they were "drainage related."
• "Impervious surface" maps were frequently wrong, billing residents for grass and gravel. The burden of proof was on the homeowner to hire surveyors to fight the city.
• No Sunset Clause: Once the specific compliance projects are finished, the fee remains forever.

Community Action Plan

We must challenge Eyerly’s permanent double-taxation scheme and his "Impervious Surface" math at all Townhalls, upcoming presentations by city representatives townhalls, etc. This is a permanent regressive tax that disproportionately impacts the fixed-income, disabled, and elderly members of our community who cannot afford to subsidize City Hall’s administrative overhead. The tax reduces housing affordability and access to water to at risk community members.

Demand Answers to These Three Questions:

1. The Sunset Clause "Commissioner, if this fee is designed to fund a specific Federal Consent Decree backlog, will the fee sunset and expire once those specific projects are completed? Taxes need votes; fees for specific services must end when the service is rendered."

2. The Revenue Neutrality Requirement "The MOST tax collects up to $18 million a year specifically for stormwater. If you implement this new fee, will you reduce the Sewer Rate or the MOST allocation by an equal amount? If not, why are we paying for the same MS4 repairs twice?"

3. The Burden of Proof "In Houston, the maps were wrong and residents had to pay for their own surveys to prove it. If a resident disputes your digital map of their property, will the City accept a simple photo as evidence, or will you force homeowners to pay for a certified survey to correct your errors?"

Resources

Atlanta Water Commissioner Press Conference: https://www.youtube.com/watch?v=hyEQrn6G68o

Atlanta is the cradle of the Civil Rights movement,  an ongoing fight for Equality and Fairness.
This unjust, regressive "Rain Tax" is a threat to the affordability of our community. 

This is yet another opportunity for Atlanta community members to display our ‘Quality’ and hold the City of Atlanta and our Department of Watershed Management accountable for this misguided exercise of “public policy”. 

LEGAL WATCH: The "Rain Tax" in the Courts
Commissioner Eyerly’s model is not new—and neither are the lawsuits it generates. Courts across the country have repeatedly struck down these "impervious surface" fees, forced cities to refund millions, or ruled that these "fees" are actually illegal taxes. Ultimately, the Tax payers foot the bill for all of the litigation.

Part I: The Houston Precedents (Eyerly’s Legacy)
These cases occurred in the district Commissioner Eyerly previously managed or directly impacted the system he oversaw.

Case 1: The "Hidden Tax" Verdict

• Dacus v. Parker
• Texas Supreme Court (2015)
• The Finding: The Court voided the election results that created the drainage fee because the ballot language was "misleading." The City failed to inform voters that the "dedicated funding source" was actually a new monthly charge on their property.
• Why it Matters: This proves that when these schemes are actually put to a fair vote with honest language, they often fail legal scrutiny. It took years of litigation to force the City to be honest about the cost.

Case 2: The "Lockbox" Scandal

• Jones & Watson v. City of Houston
• Texas District Courts (Recent Rulings)
• The Finding: Engineers and residents sued the City for diverting "Drainage Fee" money to pay for general city salaries and administrative overhead.
• Why it Matters: This happened during Commissioner Eyerly’s tenure in Houston. It illustrates the danger of a "Lockbox" that isn't welded shut. Without strict legal definitions, "Stormwater Funds" become a slush fund for City Hall.

Case 3: The "Failure to Protect" Liability

• In re Upstream Addicks and Barker (Texas) Flood-Control Reservoirs
• U.S. Court of Federal Claims (2019/2025)
• The Finding: The Court ruled the U.S. Government was liable for the flooding of thousands of homes.
• Why it Matters: In Houston, residents paid drainage fees for years, yet the infrastructure still failed them. This case proves that paying a "Rain Tax" is no guarantee of safety or service. When the system fails, the government may still try to claim immunity to avoid paying for the damage to your home.

Part II: Nationwide Precedents (The "Tax" Defense)
These cases expose the legal strategy cities use to bypass voter approval.

Case 4: The "Federal Refusal" (The Local Hypocrisy)

• DeKalb County, Georgia v. United States
• U.S. Court of Federal Claims (2013)
• The Finding: DeKalb County sued the Federal Government for refusing to pay the county's stormwater fee. The Federal Court sided with the US Government, ruling that the fee was a TAX, and therefore the Federal Government (which is immune from local taxes) did not have to pay it.
• Why it Matters: A Federal Court right next door has effectively ruled that these fees are "taxes in disguise."
• The Reality: The City calls this a "Fee" for one reason only: so they don't have to let us vote on it. If they admitted it was a tax—as Federal Courts have ruled similar charges to be—they would have to ask for our permission at the ballot box.
• The Trap: If it passes City Council, you have to pay it. The City doesn't care if you call it a tax or a fee; they just want the revenue. They label it a "fee" specifically to bypass your right to vote on it, knowing it would likely fail in a November referendum.

Case 5: The "Bad Map" Settlement

• Michigan Warehousing Group LLC v. City of Detroit
• U.S. District Court, Eastern District of Michigan (Settled 2017)
• The Finding: Detroit agreed to a $29.5 million settlement after business owners sued over the "drainage fee."
• Why it Matters: The lawsuit exposed that the City’s data on "impervious surfaces" was deeply flawed and often overstated the pavement on properties. Detroit was forced to refund millions to ratepayers who had been overcharged based on bad aerial mapping data—the exact same method Atlanta plans to use.

Case 6: The "General Benefit" Ruling

• Borough of West Chester v. Pennsylvania State System of Higher Education
• Pennsylvania Commonwealth Court (2023)
• The Finding: The Court ruled that the stormwater charge was illegal when applied to tax-exempt entities because it was, in reality, a TAX, not a fee.
• Why it Matters: The Court found that because stormwater management provides a "general public benefit" (cleaner rivers, dry roads) rather than a specific service to the individual payer, it cannot be disguised as a utility fee. This precedent threatens the legality of any stormwater fee that claims to be a "service charge." to claim "sovereign immunity" to avoid paying for the damage to your home.

Case 7 : No "Sunset Clause"

• Bolt v. City of Lansing (1998).
• Michigan Supreme Court
• The Finding: In Bolt, the Michigan Supreme Court ruled that for a charge to be a Fee (legal) and not a Tax (illegal without a vote), it must serve a "Regulatory Purpose"—meaning it must pay for a specific job (like fixing a specific set of drains).
• Why it Matters:  If a fee has no sunset clause, it collects money forever. Once the specific drains are fixed, the money starts piling up or gets used for other things. At that moment, the court says it stops being a "Regulatory Fee" and becomes a "Revenue-Raising Tax." You demand a Sunset Clause to force the City to prove the fee is for a project (which ends), not for profit (which never ends). If they refuse a sunset clause, you cite Bolt to argue they are creating a permanent tax.
  Revisiting the 1998 Seminal Bolt Decision
  https://crcmich.org/revisiting-the-1998-seminal-bolt-decision

Case 8 : The "Pass-Through" Tax Ruling 

Why it Matters: This ruling closes the "pass-through" loophole. It establishes that a city cannot hide a tax by forcing a utility company to collect it on their behalf. If the fee generates revenue for the government's general budget rather than strictly funding the specific utility service, it is a tax that requires voter approval. This precedent provides a powerful legal weapon against "Stormwater Fees" that are used to pad general budgets or pay for unrelated administrative overhead. mmary Argument Against Stormwater Tariffs as Double Dip Taxation:

James Heos v. City of East Lansing 

Michigan Supreme Court (2025)

The Finding: The Court ruled that a "franchise fee" added to utility bills was an illegal tax because it failed the Bolt test: it was involuntary (residents had no choice but to pay it to get electricity), the revenue was diverted to the General Fund (used for pensions, not infrastructure), and it was not proportionate to the actual cost of the service.

As your liaison to the Buckhead Council of Neighborhoods (BCN) and UHNA Vice President, I want to provide a summary of recent activities you should be aware of which deals with the ongoing APS Redistricting Plan and impacts on our neighbors. - Beau Grant

The Atlanta Public Schools (APS) Board continues moving forward with their "APS Forward 2040" plan.

APS produced this overview video published on Youtube to explain the plans: APS Forward 2040: Reshaping the Future of Education 

With the Board's vote on December 3, 2025, the APS Forward 2040 plan has selected Scenario Three, and the "Scenario Phase" has now effectively ended, which renders Scenarios One and Two defunct.  If you will recall, Scenario One largely kept the current structures, but tweaked district boundaries. It was ruled out because it failed to generate the necessary operational savings or significantly reduce the thousands of  "empty seats" across the district. Scenario Two invoked some campus mergers but left many dual-campus arrangements intact, essentially serving only as a "half-measure" that would lead to yet another painful redistricting process in 5–7 years.

1. Scenario Three will pivot from the current "dual-campus" model where students attend one campus for early grades and another for later elementary grades. Scenario Three proposes a more 'localized', K-8 structure for certain parts of Buckhead. (IMHO, it seems like APS is simply returning to the way things were organized back in the 1980s.) APS chose this path primarily to reduce operational costs. Maintaining "split" campuses for a single school doubles the administrative and facility overhead. By converting the 6th Grade Academy into a K–8 school, APS can dissolve multiple dual-campus arrangements across Buckhead, saving millions of tax dollars, money they claim will be reinvested into classroom instruction.
   
   APS made no mention of plans to use these anticipated millions of dollars of savings to reduce the tax burdens  shouldered by Community Members.
   The Core Changes in Scenario Three:
   1. APS will move away from the current model where elementary schools like Jackson and Sarah Smith split students between "Primary" and "Main" campii/buildings.
   2. The Powers Ferry Campus, currently the Sutton 6th Grade Academy, will be converted into a new K–8 neighborhood school. (This campus was formerly Dykes High School, and then Sutton Middle School when Northside High School was still in existence at the Northside Parkway campus where Sutton ‘mostly’ now operates.)
   3. Both the Warren T. Jackson Primary and Sarah Smith Primary campuses would be repurposed, potentially for early childhood centers or professional learning.
   4. Under Scenario Three, E. Rivers Elementary is not slated for repurposing or closure, but it could experience significant "downstream" and "upstream" effects. To make the K-8 model work at the old Sutton 6th grade campus, APS would likely need to "draw from" neighboring zones to fill those seats. This creates a high probability of boundary shifts for E. Rivers. Which has hovered near 100% capacity for years. Scenario Three's broader goal is "balancing utilization," which could involve moving some blocks currently zoned for E. Rivers into the new K-8 zone or adjacent elementary zones to relieve the pressure on our building. Unlike Jackson or Sarah Smith, E. Rivers would remain a traditional K-5 neighborhood school, which many parents prefer for safety and age-appropriate learning environments. 

By consolidating ALL of Sutton Middle School into the Northside Parkway Campus to create a traditional 6th–8th grade middle school, Sutton faces the most radical change under Scenario Three. If the Powers Ferry campus becomes a K-8 school, Sutton on Northside Drive would need to absorb approximately 350 additional students to accommodate the consolidated 6th, 7th, and 8th grades. The current model where all 6th graders in the cluster spend one year together at the Powers Ferry campus would end, breaking the so-called "North Atlanta" identity—where every child in the cluster eventually goes to school together starting in 6th grade, with some students remaining in their K-8 "neighborhood hub" until high school, and other students transitioning to the larger Sutton Middle School.

If you enjoy the UHNA and what it brings to our neighborhood, please join me in saying a heartfelt thank you to our sponsors.

Their generosity and engagement provide the backbone of UHNA funding and help sustain our events, programs, and community initiatives throughout the year. We are truly grateful for their support.

If you know a business interested in supporting the UHNA, please reach out at sponsorship@uhna.org

The Community Leadership Institute of Atlanta (CLIA) is offered by the Department of City Planning (DCP) in partnership with Clark Atlanta University’s (CAU) Office of Online Learning & Continuing Education (OLCE).

The program equips residents with the tools to create meaningful change in Atlanta. Rooted in the city's rich history of activism and local engagement, this course explores the Atlanta’s Neighborhood Planning Unit (NPU) system, key social movements, and effective leadership strategies. Participants will learn how to navigate local government, build inclusive coalitions, and apply ethical, culturally responsible approaches to community development.

Whether you're just getting involved or deepening your impact, this course will help you lead with purpose, insight, and resilience. 

Details and enrollment link here; https://www.npuatlanta.org/cli

In the last 2-week period (Jan 10 - 23), 43 incidents were reported in Beat 204.  Of those, none occurred in the area we patrol.  A breakdown of the types of incidents reported in the surrounding area:

There were no significant incidents to report. 

Best,

Det. Kevin Leonpacher

Atlanta PD / Underwood Hills Patrol

Update regarding the upcoming ADA Listening Session scheduled for Tuesday, January 27, 2026. Out of an abundance of caution due to the potential for extreme winter weather, the first listening session has been rescheduled.

The first in-person ADA Listening Session will now take place on Thursday, February 5, 2026!

EVENT DETAILS

Thursday, February 5, 2026 10:00 AM – 12:00 PM

Martin Luther King Jr. Recreation & Aquatic Center 110 Hilliard Street N.E., Atlanta, GA 30312

In-person & virtual options available. Accessibility supports, including ASL interpretation and CART captioning, will be provided.

Please view link below to register:

ADA Listening Session, Registration, February 5, 2026

Hello, neighbors! We're applying for an NPU grant to install a mural on the Woodland Hills Ave overpass wall. We'd love your input on which of the three mural concepts you like best. This is the beginning of the process. The budget is very tight, and the mural design will likely evolve as we go through permitting with GDOT. For now, we would love to hear your thoughts on overall look and feel. 

On a personal note, I've had the pleasure of working on these concepts probono with our experiential design team at IA Interior Architects, which I'm happy to be part of day-to-day. Our Atlanta studio is just a rock's throw from the neighborhood near Atlantic Station so we love that this could be real and somewhere nearby. 

This survey will take approximately 3-5 minutes. There is background information in the first portion, with voting at the end. 

Thank you for your time!

- Jen Reves (Ridgeway Ave resident and Senior Experiential Designer at IA) 

Underwood Hills: Mural Input Survey

From UHNA Youth Coordinator and Communication Chair Caren Remillard:

Underwood Hills Babysitters Club: Any new babysitters in the neighborhood? Please join our Underwood Hills Babysitters list by completing this google form. Please note we will only share your information with residents of Underwood Hills that request for access to the list. 

Underwood Hills Community Service Hours: We know many high school students in the neighborhood need community service hours to graduate. We also want to invite anyone who wants to volunteer for their community to participate in some upcoming events happening at Underwood Hills Park.

1.  Saturday, February 21 from 10am to 1pm Love Your Park Event 

2.  Saturday, February 28 from 9am to 12pm Trees Atlanta Forest Restoration

Create your own community project: The Underwood Hills Neighborhood Association has a small budget to support youth-led projects. Email us your ideas! 

Marta has announce the NextGen Bus Network Launching April 18, 2026

MARTA has officially begun the 100-day countdown to the launch of the NextGen Bus Network. Temporary signage has already been installed at over 4,500 bus stops to alert riders of upcoming changes. In Underwood Hills route 37 is proposed to change to route 11;

More details on the interactive map.

Some exciting items for Underwood Hills at next week's NPU-D meeting, including;

1. Three potential presentations at this month's regular meeting: The Collier Road multi-modal study, featuring outlines of 3 Mural concepts to take forward, Fulton County Health and Safety, and Georgia Power.
2.  An LRB application for The Porch, a restaurant collocating with the new Wayfair store going into the old Walmart space on Howell Mill.
3. An LRB change of agent application for Nuevo Laredo Cantina on Chattahoochee.
4. An LRB new business application for The Boiler Room at 1385 Collier Road
5. An LRB Change of ownership application for Shell Food Mart at 1720 Marietta Blvd
6. An LRB application for The Barrel Proof at 1170 Howell Mill in NPU-E next to NPU-D
7. An LRB application for The Shake Shack at 1168 Howell Mill in NPU-E next to NPU-D

Details on the UHNA website calendar.

The Atlanta Department of Parks and Recreation has commenced construction of a footbridge to replace the aging infrastructure in Underwood Hills Park. No news of a completion date but it's already well along!

In the last 2-week period (Dec 27, 2025 - Jan 9, 2026), 39 incidents were reported in Beat 204.  Of those, none occurred in the area we patrol.  A summary of incidents reported in the surrounding area( There were no significant incidents to report) Best, Det. Kevin Leonpacher, Atlanta PD / Underwood Hills Patrol:

UHNA Vice President Beau Grant reporting back from Buckhead Council of Neighborhoods.. 

Screenshots from the meeting last Thursday. mostly related to Department of Watershed Management, 1 for Transportation Street Resurfacing

Heads up City of Atlanta! The new Water Commissioner is planning charge an additional storm water tax based on property impervious surface.

The next Forest Restoration project is Saturday January 10, 9am to12 noon Underwood Hills Park.

Details at treesatlanta.org

I hope you all had a wonderful Christmas.  In the last 2-week period (Dec 13 - 26), 28 incidents were reported in Beat 204.  Of those, one occurred in the area we patrol.

On December 13, 2025, a man who was allegedly going through a "bad break-up" punched and damaged a vehicle and a mailbox on Ridgeway Avenue.  The man was located by responding officers.  He apologized and agreed to pay for the damages.  The two complainants (vehicle and mailbox) declined to press charges.  The subject was released and a report was generated.

A summary of activity reported in the surrounding area:

Significant Incidents

On December 13, 2025, a man reported that he was near Collier / Howell Mill when another person struck him on the head with a skateboard.  The reporting party had minor injuries.  The incident is under investigation by the General Crimes Unit.

Patrol Notes

Late Friday, December 26, 2025, the patrol team located a vehicle in the parking lot of Underwood Hills Park.  The driver was informed of the park hours and left without issue.

Best,

Det. Kevin Leonpacher

Atlanta PD / Underwood Hills Patrol