Cobb commissioners narrowly approve new diversity council

Cobb diversity council approved

By a 3-2 vote the Cobb Board of Commissioners Tuesday approved the creation of what will be called the Council for Peace, Justice and Reconciliation, a citizens’ body that will report to the county manager.

The objective of the appointed body will be to “develop proactive solutions embracing diversity by collaborating with government and community stakeholders to make Cobb County a more inclusive and enjoyable place for all citizens to live, learn, work and visit.”

(See previous ECN post here.)

The council was proposed by Cobb Commission Chairman Mike Boyce, who was one of the votes in favor, along with commissioners Bob Ott and JoAnn Birrell of East Cobb.

But Lisa Cupid, the commission’s only black member, and its only Democrat, was one of the votes against the measure, saying it “was difficult to digest this with any seriousness.”

Not only was there not a work session, she said the resolution expressing the board’s sentiment in reaching out to the diverse communities of the county isn’t backed up by recent votes.

Among them was the board rejecting her proposal earlier this month for three county non-profits to provide rental assistance with federal CARES Act funding. That program will instead be administered by an out-of-county non-profit that’s also working with Cobb homeowners affected financially by COVID-related closures to make mortgage payments.

“This board doesn’t foster that kind of collaboration,” she said in reference to the Cobb non-profits, further objecting to the resolution initially being put on Tuesday’s consent agenda.

Cupid, who is challenging Boyce in the chairman’s race in November, said that while she supported the resolution in spirit, she understood how it might look if she voted against it. She said she first heard about the proposed council on Aug. 27, and at one point said she “just got tired of playing along.

“What’s the detriment to me if I say no right before an election?”

Republican commissioner Keli Gambrill of North Cobb opposed the resolution for other reasons, saying she thought it would be a “quasi-shadow government in the name of diversity.”

She also didn’t like that there wasn’t a work session and thought the council “would have a direct bearing on county policy.”

Birrell said she had some initial reservations but thought there had been ample time for commissioners to express their concerns about the resolution.

Ott, who is retiring at the end of the year, said he has been involved in three previous attempts to re-form what had been the Cobb Community Relations Council.

That body, formed in the early 1990s, has dissolved, and he said it’s important for there to be continuing dialogue in Cobb across racial, religious and cultural lines.

“We can’t just sit back while Rome burns,” Ott said. “Is this perfect? No.”

But he said “it’s more healthy when there is disagreement because it opens discussions and dialogue. It allows things to change.”

Ott said he was pleased that Ben Williams of the Cobb chapter of the Southern Christian Leadership Conference, an occasional critic of the county on racial issues, endorsed the resolution.

During a public comment before the vote Tuesday, Williams said the language is “clear, strong and resolute, reflecting where this board is.”

Cupid said in reference to Williams’ remark that “I’m not convinced of that.”

Boyce was the only commissioner who did not take part in the discussion.

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Cobb proposes Council for Peace, Justice and Reconciliation

East Cobb anti-Semitic incidents
Faith leaders in East Cobb attended an event at Temple Kol Emeth in August following the discovery of anti-Semitic graffiti scrawlings in nearby neighborhoods. (ECN file)

An effort to reconstitute a dormant human relations commission in Cobb County will come before county commissioners on Tuesday.

Chairman Mike Boyce is proposing the creation of the Cobb Council for Peace, Justice and Reconciliation, with the intent to “develop proactive solutions embracing diversity by collaborating with government and community stakeholders to make Cobb County a more inclusive and enjoyable place for all citizens to live, learn, work and visit.”

Council members would be appointed by commissioners, and several organizations also would have appointed members, including the Cobb Chamber of Commerce, the Cobb chapter of the NAACP, the Cobb chapter of the Southern Christian Leadership Conference, the Cobb County Bar Association and Kennesaw State University.

Additional members who “represent the diversity within Cobb County” would be chosen by council members, and those in county government leadership positions “will serve as subject matter experts as issues/opportunities arise.”

The proposal to create the council comes after commissioners approved an anti-racism resolution in June, following protests sparked by the death of George Floyd, a black man, at the hands of Minneapolis police.

Last month, faith and community leaders gathered to offer a message of hope and love after anti-Semitic graffiti was found spray-painted in neighborhoods in East Cobb.

It was at that event, at the Temple Kol Emeth synagogue in East Cobb, that commissioner Bob Ott said a new appointed body was in the works.

The former human relations commission dissolved due to what he said was veering away from its mission.

That panel was formed after Cobb commissioners approved a resolution condemning “the gay lifestyle” in 1993. That came about when then-commissioner Gordon Wysong of East Cobb objected to county arts funding that included the Theater in the Square, which had been showing a play about a gay relationship.

The anti-gay resolution caused a national media frenzy and prompted Atlanta Olympic organizers to pull volleyball matches slated for the Cobb Galleria Centre and a torch relay route in the county before the 1996 Olympics.

The issue dogged Bill Byrne, the county chairman at the time, as he ran for his old seat in 2012 and he had to answer to it when he ran for commissioner in 2014.

Among those involved with the human relations commission was Rabbi Steven Lebow, recently retired from Kol Emeth, who organized a protest against the anti-gay resolution on the Marietta Square.

The proposed Council for Justice, Peace and Reconciliation would serve under the direction of Cobb County Manager Jackie McMorris and included in its mission is the following:

” . . . identify opportunities across a broad spectrum to assist in the education and mitigation of systemic, institutional, and structural racism. It shall provide opportunities for members of the community to participate in small group discussion, anti-racism training, and access resources to foster and improve open and honest communication among governmental entities, Cobb County residents and employees. It shall inform the community about the goals of CJPR and encourage organizational and community partnerships through conferences, workshops, and special events.”

You can read the agenda item here and the proposed resolution here.

The Cobb commissioners meeting starts at 7 p.m. Tuesday in the second floor board room of the Cobb government building, 100 Cherokee St., in downtown Marietta.

You can watch online on the county’s website, as well as its Facebook and YouTube pages and on Cobb TV23 on Comcast Cable.

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Cobb requests revocation of Tokyo Valentino business license

Tokyo Valentino East Cobb

The Cobb Board of Commissioners will consider a request to revoke the business license of the newly opened Tokyo Valentino adult retail store on Johnson Ferry Road in East Cobb.

UPDATED: The hearing has been postponed until Oct. 27.

At the end of Tuesday’s meeting is an agenda item from the Cobb Community Development Agency that would revoke the business license on the grounds that the applicant provided false and incomplete information.

Technically, what will be conducted is a “due cause hearing,” similar to attempts to revoke alcohol licenses, with the licensing agency making its case and allowing the license holder to present a defense.

Tokyo Valentino opened in a vacant Mattress Firm store space in June without needing rezoning or any action from the county, other than a business license that was granted in March.

Considerable opposition came from nearby residents before the store opened, as first reported in May by East Cobb News.

Commissioner Bob Ott of East Cobb said at the time there wasn’t anything the county could to stop the store from opening.

Last month, he proposed an overhaul of the county’s sex shop ordinance that would further restrict such businesses, and those measures passed unanimously without much public discussion.

In June, the Marietta City Council revoked the business license of a Tokyo Valentino store on Cobb Parkway, saying the store inventory didn’t match what was on its application.

A Sept. 8 letter from Ellisia Webb, the Cobb Community Development Agency’s business license division manager, to Tomika Hugley, the Johnson Ferry Road store’s applicant, charges that she applied for the license under the business name of 1290 Clothing Co. LLC.

“That is false information because the business at 1290 Johnson Ferry Road has never done business or held itself out to the public as ‘1290 Clothing,’ ” the letter states. “It is instead doing business as ‘Tokyo Valentino.’ ”

(You can real the full letter here.)

Webb also charges that Hugley did not fully state what the inventory in the store would contain, as required in the business license application, listing only retail clothing merchandise, including undergarments, shoes and games.

The top three items in the store, Webb said, citing an Aug. 28 listing from Hugley, are “lotions & lubes,” “toys” and “smoke products.”

Webb said those products constitute 70 percent of the store’s inventory, but the application didn’t mention them at all. The only product mentioned in the application that was later included on the inventory list was lingerie, which Webb said constituted only 14 percent of what’s in the store.

Webb also charges that Hugley is improperly listed on the business license application as the president and manager of the store, when state incorporation papers list Scott Morrison, the owner of several Tokyo Valentino and other adult stores in Atlanta, as the store’s organizer.

The other grounds for business license revocation in Webb’s letter include Hugley claiming the applicant had no delinquent taxes due. According to Webb, Morrison owes back business occupation taxes in several jurisdictions, including Gwinnett County.

Webb further details what she said are numerous misrepresentations made by Morrison to news media outlets and even to Hugley about his intentions for an East Cobb store.

Until his Marietta store was closed, Morrison had six adult retail stores in metro Atlanta, and has had legal battles in various jurisdictions.

His main store, on Cheshire Bridge Road in Atlanta, has been the subject of a legal dispute lasting two decades and that includes a civil rights lawsuit he has filed.

In late May, a DeKalb County judge ordered Morrison jailed in a longstanding matter involving his Stardust adult store in Brookhaven.

Morrison has vowed to appeal that ruling and the business license revocation in Marietta.

The Cobb commissioners meeting starts at 7 p.m. Tuesday in the second floor board room of the Cobb government building, 100 Cherokee St., in downtown Marietta.

You can watch online on the county’s website, as well as its Facebook and YouTube pages and on Cobb TV23 on Comcast Cable.

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Cobb to live-stream Monday information event on rental assistance

Submitted information:Cobb County Government logo

The Cobb Board of Commissioners approved $6 million in emergency funding to provide rent and mortgage relief grants for county residents affected by COVID-19. These programs are administered by Star-C and HomeFree-USA.
To help you understand the programs and application process, we will host a virtual open house 6-8 p.m., Monday, Sept. 21.

You can watch at any of the following CobbTV outlets:

Margaret Stagmeier of Star-C and Earnest Davis of HomeFree-USA will be on hand to share all the information you need about these relief programs. You can also submit your questions to CARES@CobbCommunications.org.
Watch the open house online or at the following locations:
  • North Cobb Regional Library – Community Room, 3535 Old 41 Highway, Kennesaw
  • Sewell Mill Cultural Center – Black Box Theater, 2051 Lower Roswell Road, Marietta
  • The Earl and Rachel Smith Strand Theatre, 117 N Park Square, Marietta
  • South Cobb Recreation Center – Gym, 875 Riverside Parkway, Austell
IMPORTANT NOTE: We are NOT completing applications on-site at the open house. Limited seating available at streaming locations. Attendees must wear masks and observe social distancing guidelines.

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Ott reflects on time as commissioner to East Cobb business group

Bob Ott

As he spends his last few months in office, Cobb commissioner Bob Ott is getting invited to speak about his 12-year tenure.

Ott addressed the East Cobb Area Council of the Cobb Chamber of Commerce last week, reviewing business and economic development, zoning and land use issues, infrastructure, health care, libraries, parks and more.

(You can watch his full presentation at this link).

“Indeed it has been a ride,” said Ott, who announced in January he would not be seeking a fourth term.

Ott is a former president of the East Cobb Civic Association and served on the Cobb Planning Commission. In 2008, he defeated commissioner Joe Thompson, who had appointed him to that board.

The Republican who lives in the Powers Ferry-Terrell Mill area has represented District 2, which includes most of East Cobb as well as the Cumberland-Smyrna-Vinings area.

Ott said the biggest economic driver was the construction of the Atlanta Braves stadium, now called Truist Park, that he said has generated 22,000 jobs in the district.

“We didn’t just get a stadium” he said, referencing the adjacent The Battery Atlanta development and the 22-story Thyssen-Krupp tower that’s opening soon.

Another major development that he steered is the MarketPlace Terrell mixed-use project that’s underway at Powers Ferry and Terrell Mill.

It’s the centerpiece of the Powers Ferry corridor that was the subject of the first of four master plans that have been developed in District 2.

“If we get certain things to go, everything else will follow,” he said, referring to nearby businesses that have upgraded, including a BP station across the road.

A Wendy’s restaurant has opened at the MarketPlace Terrell Mill, with other restaurants and eateries coming on line soon, as well as an apartment complex. The anchor will be a Kroger superstore.

Ott said that in his time in office, 5,000 apartments have been built in District 2, with around 3,500 of them in the Cumberland/Battery area, “where they should be.”

The other master plans included Vinings, design guidelines for the Johnson Ferry corridor and last week, when commissioners approved one for the Johnson Ferry-Shallowford area.

He said those plans include 60 percent of land in District 2, and give developers a solid guideline for developers.

For the most part, Ott said, “if they develop according to the master plan, the community is going to support it.”

In November, District 2 voters will choose his successor. Republican Fitz Johnson, a Vinings resident who serves on the board of the WellStar Health System, will face Democrat Jerica Richardson, a first-time candidate who lives in the Delk Road area.

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As Census deadline nears, East Cobb response rate is high

East Cobb Census reponse rate

With just a couple weeks remaining until the deadline for completing 2020 U.S. Census forms, the response rate in East Cobb is among the highest in Cobb County.

According to a Cobb County government GIS map seen above, all but one Census tract in East Cobb are reporting response rates of 75 percent or higher.

That’s of Sept. 2, and that’s just the self-response rate. The Census Bureau has listings for all states in that category, and follow-up response rates that it adds to its cumulative total, that you can find here.

The Census bureau also has interactive maps that show the most recent updates for every Census tract (a screen grab is shown below), and some East Cobb census tracts have total response rates of higher than 80 percent and in some cases as high as 88 percent.

You can click this hover map to get more details by Census tract.

Georgia’s self-response rate is 60.8 percent as of Wednesday, and combined with the follow-up response rate now stands at 80.2 percent.

The states with the highest overall rates for the moment are Idaho (98.5 percent), West Virginia (97.7 percent), Washington (96.5 percent), Hawaii (96.1 percent) and Kansas (95.6 percent).

Cobb GIS has more Census information here, including a link to complete a form; you can also visit the Census website here to fill out a form.

East Cobb Census response rate
To view details by Census tract, click here.

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Cobb commissioners adopt major changes to sex shop ordinance

Cobb sex shop changes
A mobile sign in front of the new Tokyo Valentino store on Johnson Ferry Road has been removed.

The Cobb Board of Commissioners on Tuesday approved major changes to the county code governing the operation of sexually oriented businesses.

Commissioners adopted the new ordinance provisions on its consent agenda, and after a second required public hearing attracted no speakers.

The code amendments would limit sex shops and other adult businesses to two industrial zoning categories. All such businesses would be required to obtain a special license and employees would have to be issued a special permit.

(You can read through the code amendments here. Reader discretion is advised, since there are some explicit descriptions of sexual acts, body parts and devices.)

The aim is to combat what a lawyer consulting with the Cobb County Attorney’s office calls the “adverse secondary effects” of sexually oriented businesses, including crime and loitering, to nearby areas.

The changes come after Tokyo Valentino, an Atlanta-based adult retail chain, opened a store on Johnson Ferry Road in the former Mattress Firm location across from Merchant’s Walk.

The store was granted a business license as a general retail operation under the name 1290 Clothing Co., but opened as Tokyo Valentino.

Another Tokyo Valentino store opened in Sandy Springs last year under similar circumstances.

The ordinance changes also prohibit sexually oriented businesses from operating within 750 feet of residentially zoned land, within 1,500 feet of a school, religious facility, government-owned or run building, 1,000 feet of another sexually oriented business and 500 feet of another business licensed to sell alcohol, either on premises or a package store.

While nobody spoke in favor of or against the code amendments during the public hearings, Daniel White, who began an online petition against Tokyo Valentino, told East Cobb News he was sending a written statement in support of the measures.

Here’s what he submitted for the record:

“Based on the short notice and change to live public comments vs. online comments, I am submitting this on behalf of the 2,906 people who have signed the change.org petition to reject the sex shop on Johnson Ferry. I believe good can come from this for all Cobb County residents and not just the residents of East Cobb. The well researched common sense changes to the ordinance have our support to—as well outlined—establish reasonable and uniform regulations that prevent the secondary deleterious effects of these businesses in residential areas.

“These regulations are limiting and not prohibitive. They allow for the rights to operate these businesses and take into consideration common sense conditions for operating. Since the shop has opened it has installed outdoor color changing strobe like dance lights on the front and parked a large explicit mobile sign in front as well. We are certain that these ‘near legal tactics’ will continue. The sexually oriented permanent sign is tragedy to the progress we have made in the awareness of sexualizing and exploiting women. It’s tasteless and taunting. If the owner wanted to work with the community he would not continue to lie and hide. 

“In thIs meeting of Cobb County commissioners, we support the affirmative vote on the sweeping changes to the Cobb County sexually oriented business ordinances effectively putting these businesses where they belong—not out of business as it is their right—but out of our neighborhoods by effectively banning their operations near schools, residences, and churches.

“This means that the 2,906 people who have signed this that represent nearly 9,000 east cobb residents will have had a positive voice in government. In today’s day, you should not have to show up to a specific meeting to have your voices heard. There are so many listening avenues and I’m glad you have heard us, worked hard and found ways to balance business and resident input. The well researched 30 page document outlines the blight these businesses cause and the trouble they bring. It is naive and insulting to say that opponents of this ordinance are ‘just a bunch of moms.’ Because it is not a bunch of ‘moms’ that keep these places open and frequent them enough to stay open. It is people who go often. It’s the rule of any business and if you’re in a sex shop often you don’t need to be 3/10’s of a mile from a school or within a few hundred yards of kids walking to school, a Chick-fil-A or a Starbucks or for that matter directly across the street from an Old Navy.

“The changes make good sense.”

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Cobb commissioners argue over COVID rental relief programs

Lisa Cupid, Cobb Board of Commissioners
Cobb commissioner Lisa Cupid

The Cobb Board of Commissioners on Tuesday rejected a proposal to spend $2 million in federal CARES Act funding for renters facing eviction because of what some said was a lack of accountability.

But the board did pass a substitute motion to provide the same amount of rental assistance through a previously approved program that helps homeowners adversely affected by COVID-19 in making mortgage payments.

The measure turned down by a 3-2 vote was proposed by South Cobb commissioner Lisa Cupid, and would have designated three non-profit organizations—MUST Ministries, the Center for Family Resources and Sweetwater Mission—to screen applicants who could receive up to $4,800 in funding.

Those eligible for the help can earn no more than 80 percent of the area media income, and they can include renters in apartments and single-family homes.

Cupid said later in the meeting that commissioners who voted against her proposal supported the substitute that was proposed on Friday, before a long holiday weekend, without being vetted.

The proposals were considered after the U.S. Centers for Disease Control and Prevention issued a moratorium on COVID-related evictions nationwide through the end of the year.

The mortgage assistance program, called the Cobb Home Saver Program, earmarks $4.8 million. A $1.5 million rental relief program sponsored by East Cobb commissioner Bob Ott was approved in May, but it’s restricted to apartment dwellers.

“We are trying to keep people off the streets,” Cupid said. “We are trying to keep people in homes. . . All of these programs are about keeping people in housing during this pandemic.”

During a lengthy discussion, commissioner JoAnn Birrell of Northeast Cobb said she preferred only one service provider to be designated to approve applications under Cupid’s proposal.

“I know there’s a need and time is of the essence,” she said. “I still have reservations. We just can’t give away money without accountability.”

Ott said that Cupid improved the proposals but he still objects to what he he sees as tenants not having “some skin in the game.” His rental relief program requires renters to pay at least 20 percent of whatever amount they can negotiate with a landlord.

Cupid’s plan includes no such mandates, but applicants must have pursued assistance elsewhere first.

Commissioner Keli Gambrill of North Cobb claimed the memoranda of understanding (MUST, CFR, Sweetwater) lacked safeguards to prevent applicants who’ve received CARES Act funding in Ott’s rental assistance program from getting additional funds.

Cupid replied that each of the organizations would have spreadsheets indicating who’s come to them for assistance, but Ott said that’s not a guarantee.

She also said that when commissioners voted in July to approve an $8.1 million request by the Cobb County School District for online instructional content, “you said it was hands off.”

The three non-profits chosen for Cupid’s program, she said, all have strong reputations in the community.

Cobb Commission Chairman Mike Boyce was the only other vote in favor of Cupid’s proposal, saying it’s “trying to cover a gap that’s complex and layered. I’m going to support it because the need is there.”

Ott’s substitute motion to provide $2 million in rental assistance through the Cobb Home Saver program was approved 4-1, with Cupid voting against.

Cupid, who is challenging Boyce in the November general election, said near the end of the meeting that “this is not the first time there has been a double standard” in her eight years as a commissioner.

She accused her colleagues of “underhanded” tactics, said she will continue to work with them and treat them the way she’d want to be treated, “despite today’s disappointment.”

Cobb was allotted $132 million in CARES Act funding, and has spent the largest portion—$50 million—on small business relief grants that are in a second round of applications.

After the meeting, Shari Martin, head of the Cobb Community Foundation, another leading county non-profit, said it “was a very disheartening morning for organizations that have long served this community.”

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Cobb sex shop ordinance, JOSH adoption on commission agenda

Cobb sex shop changes

The Cobb Board of Commissioners will hold a final public hearing and is scheduled to vote Tuesday morning on proposed sweeping changes to the county’s ordinance pertaining to sexually oriented businesses.

Commissioners also will are slated to adopt the Johnson Ferry-Shallowford master plan that’s been two years in the making.

The meeting begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building, 100 Cherokee St., in downtown Marietta.

Socially-distanced seating will be followed for those attending in person. The meeting also will be streamed on the county’s Facebook page, YouTube Channel and public access channel CobbTV, which also can be seen on Comcast Cable 23.

The full meeting agenda can be found here.

Two of the mandated three public hearings for the proposed sex shop changes have been conducted, but no verbal comments have been submitted.

The code amendments were proposed by East Cobb commissioner Bob Ott after a Tokyo Valentino store opened on Johnson Ferry Road in June in a former Mattress Firm location, without needing rezoning or any special permitting.

(You can read through the proposed code amendments here. Reader discretion is advised, since there are some explicit descriptions of sexual acts, body parts and devices.)

The new ordinance would restrict where sex shops could be located, both in terms of zoning categories and locations, limiting them to industrial areas.

The changes also would require sexually oriented businesses to get a special business license and employees would also have to get individual permits to work in them.

The aim is to combat what a lawyer consulting with the Cobb County Attorney’s office calls the “adverse secondary effects” of sexually oriented businesses, including crime and loitering, to nearby areas.

After multiple public meetings and written feedback, Cobb government staff released a draft of the Johnson Ferry-Shallowford master plan proposal last summer.

The process has been similar to the Johnson Ferry Design Guidelines and the Powers Ferry Master Plan in East Cobb in recent years.

The recommended JOSH master plan, proposed after more than two years of public meetings and input, would keep the highly residential area as it is, in terms of the balance of development.

Other parts of the plan pertain to traffic improvements, community facilities, recreation and stormwater management in an area with many streams and lakes.

The proposal also includes options for the redevelopment of the southwest corner of Johnson Ferry and Shallowford and around Maddox Lake.

That’s a 30-acre assemblage for rezoning that went before the Cobb Board of Commissioners as a proposed townhome and single-family residential development before the request was withdrawn in early 2017.

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Appointment system for Cobb weapons carry permit requests to continue

Submitted information:Cobb County logo, Cobb 2017 elections

Cobb residents seeking weapons carry licenses will need to make appointments with the Probate Court at least through the end of September. Chief Judge Kelli Wolk said the decision came after consulting with public health officials who said continuing the appointments process would help slow the spread of the coronavirus.
 
“The demand for these licenses is at an all-time high,” Judge Wolk said.  “People tend to line up by the dozens to get into the office, and the space to do that is relatively small. The proximity of people in the courthouse put them, my staff and others who do business here in danger of spreading COVID-19.”
 
Even with the appointment process, Judge Wolk says her office is processing weapons carry licenses at a record rate, completing more than 100 applications a day. Those who simply need to renew their licenses can do so by mail.
 
Judge Wolk said using appointments also helps staff track visitors to their office in case an outbreak is reported. She will decide later this month whether they will continue taking appointments into October.
 
To apply for an appointment and to get the latest information on the status of the Probate Court’s office, please visit cobbcounty.org/courts/probate-court/weapons-carry-permits

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Cobb Medical Examiner’s office moves into new $11M facility

Cobb County Medical Examiner facility

The Cobb County Medical Examiner’s office has moved into a new $11 million building that’s a dramatic expansion of a 42-year-old facility that had been long outdated.

The new place is 19,000 square feet on County Services Parkway, among a cluster of Cobb government facilities.

Some of the funding came from the 2016 Cobb government SPLOST, but in 2018 Cobb commissioners voted to provide the lion’s share of the money––$8 million in general fund reserves––for what Medical Examiner Dr. Christopher Gulledge said would be needed to serve a county of more than 750,000 people.

In 2014 a critical audit of the medical examiner’s office suggested sweeping changes that prompted the resignation of the chief medical examiner. The audit was brought about by complaints by citizen Tom Cheek about the way his son’s autopsy was handled, and revealed wider organizational problems.

“The original Medical Examiner’s office was built in 1978 when Cobb County only had 200,000 people, and it has not significantly been expanded since then,” said Gulledge, who was appointed in 2015.

His office helps investigates criminal cases and works with law enforcement and the judicial system, but is an independent agency of county government.

Gulledge also has been ramping up efforts to grapple with the county’s growing opioid crisis.

The Medical Examiner’s office also is providing real-time data to the Cobb and Douglas Public Health Department related to the COVID-19 pandemic.

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Public hearing on Cobb sex shop changes attracts no comments

 Cobb sex shop changes

There was plenty of interest from readers to our story on Monday on a proposed ordinance that would make sweeping changes to how sexually oriented businesses can operate.

But on Tuesday, nobody showed up to speak at a public hearing, either in favor of, or against, those proposed code amendments.

Although no businesses were mentioned by name, these proposals brought by Commissioner Bob Ott of East Cobb follow the recent opening of a Tokyo Valentino store on Johnson Ferry Road, where a more forthright sign advertising its wares has gone up, as seen above.

The City of Marietta recently closed the only other Tokyo Valentino store in the county, on Cobb Parkway across from the Marietta Diner, for violating its ordinances.

The Cobb code amendments would apply only to businesses in unincorporated areas. The primary rationale being given for replacing an entire section of the code pertaining to adult businesses is what’s called “adverse secondary effects,” including crime and loitering, to nearby areas.

County commissioners revise the code several times a year, and before doing so must conduct public hearings.

The new ordinance would limit sexually oriented business to two industrial zoning categories. Tokyo Valentino opened in East Cobb in former Mattress Firm space that is zoned general commercial, and received a business license for a retail clothing store that was to have been called 1290 Clothing Co.

There was vocal opposition before Tokyo Valentino signs appeared, but Ott said the county couldn’t do anything.

You can read through what’s being proposed in the code amendments by clicking here.

There are two more public hearings, on Sept. 1 before the Cobb Planning Commission, and on Sept. 8, the date Cobb commissioners are expected to vote on the code amendments.

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Proposed Cobb code changes target sexually oriented businesses

Tokyo Valentino East Cobb

UPDATE: Nobody showed up to speak in favor of or against the new ordinance on Tuesday. There will be another public hearing Sept. 8, the same day Cobb commissioners are expected to vote on the matter.

An initial public hearing is scheduled Tuesday for proposed Cobb code amendments that would make sweeping changes in regulating sexually oriented businesses.

At a Monday work session, the Cobb Board of Commissioners was briefed by Cobb County Attorney’s Office about the proposals, which would expand the definition of sexually oriented businesses and restrict where they can operate.

They would be required to get special sexually oriented business licenses, and all employees would have to have permits. Anyone operating such a business would have to meet buffer and other regulatory measures to abate what are termed “adverse secondary negative effects.”

(You can read through the proposed code amendments here. Reader discretion is advised, since there are some explicit descriptions of sexual acts, body parts and devices.)

The proposed code amendments come two months after Tokyo Valentino, an Atlanta-based adult retail store, opened on Johnson Ferry Road in a vacant mattress store in East Cobb.

That store opened after it received a business license to operate as a retail clothing store under the general commercial zoning category. East Cobb commissioner Bob Ott said the county could not stop an adult store from opening there, even if it advertised itself as something else, due to existing ordinances.

The land where the former Mattress Firm store stood has been zoned general commercial since the 1970s

The new store in East Cobb drew community opposition before it opened as Tokyo Valentino and after Morrison initially said that’s not what would be going in that space

Among the court cases attorney Scott Bergthold referenced during the presentation were several current legal disputes involving adult stores in Brookhaven and Sandy Springs operated by Tokyo Valentino owner Michael Morrison.

In June the city of Marietta closed and revoked the business license of a Tokyo Valentino store on Cobb Parkway for violating an ordinance regulating the amount of sexual peraphernalia allowed in a general commercial category.

The proposed Cobb amendments would completely overhaul a section of the county code pertaining to licenses for adult businesses, which Bergthold said hasn’t been updated in decades.

He said courts have ruled that “can’t ban them but can stringently regulate” where they’re allowed to operate and what they can do.

Under the proposed code amendments, the new category of “sexually oriented businesses”—which would include adult retail stores like Tokyo Valentino as well as adult entertainment establishments—would be allowed only in two industrial zoning categories.

Any “lawfully existing” adult businesses operating in other zoning categories would have until the end of 2021 to relocate to an appropriately zoned property, and could apply for “hardship” to extend that period.

Tokyo Valentino aerial map
An aerial map of the Tokyo Valentino store at 1290 Johnson Ferry Road and surroundings.

That provision would presumably affect the Tokyo Valentino store on Johnson Ferry Road, the only one currently operating in unincorporated Cobb County.

An adult bookstore would be defined as one that derives at least 25 percent of its revenues from the sale and rental of sexually explicit items and has at least 25 percent of its floor space devoted to displaying those materials.

Sexually oriented businesses also would not be allowed to operate within 750 feet of residentially zoned land, within 1,500 feet of a school, religious facility, government-owned or run building, 1,000 feet of another sexually oriented business and 500 feet of another business licensed to sell alcohol, either on premises or a package store.

The Tokyo Valentino store is located close to some of those kinds of buildings and areas.

The adverse affects Burkholder referenced include declining property values, crime and public safety risks, lewdness, decency and the possible transmission of disease, drug use and trafficking and aesthetic impacts like traffic, litter, noise and blight.

Violations carry a maximum fine of $1,000 per violation, and proposed provisions outline steps the county could take to address repeat violators deemed to be a “nuisance,” including revocation of a business license.

Cobb County Attorney William Rowling said the proposed code changes have been publicly advertised three times since July 31.

Cobb commissioners will conduct a public hearing at their regular meeting that starts at 7 p.m. on Tuesday. Action on the code amendments is scheduled after another public hearing in September.

Tuesday’s full meeting agenda can be found here.

You can watch online here or here or via Cobb TV, the county’s public access outlet, on Channel 23 on Comcast cable

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Cobb continues ‘nice mask ask’ campaign in lieu of a mandate

Although Kroger is one of many businesses requiring East Cobb customers to wear masks, there isn’t a county government mandate to do so.

When Cobb Commission Chairman Mike Boyce said last week he was asking county staff to review Gov. Brian Kemp’s latest order allowing local governments to pass mask mandates, he said he would be reluctant to impose one.

Not just because he thought it would be hard for public safety to enforce, he said, but also because he didn’t think he could get his colleagues to go along with it.

Boyce said a mask mandate would require public hearings and commissioners’ approval of a new ordinance.

Both of East Cobb’s commissioners said last week they don’t support that either.

JoAnn Birrell said in a response to a query from East Cobb News that “I concur with the governor’s order and the Chairman.”

Kemp’s order allows local governments to issue broad mandates if a county averaged more than 100 COVID-19 per 100,000 people over a 14-day period.

Cobb’s average as of Sunday for the previous two weeks was 313 cases per 100,000, as that number continues to trend down.

No Cobb mask mandate

That’s a metric that public health officials have said designates “high community spread” and it’s a key indicator Cobb school superintendent Chris Ragsdale has said will guide a return to classroom instruction. He’s targeted getting that number under 200.

The Cobb GIS office has created a new map letting users gauge community spread data in the county and around the state. When you click on a county, it shows the cases per 100,000 over the previous 14 days, and has color coding to indicate the severity of the spread in a particular county.

Even if a local government issued a community mandate, Kemp’s order still requires the consent of property owners.

Commissioner Bob Ott of East Cobb also said of a broader mask requirement that “I don’t think it’s enforceable. It’s better to work with businesses and get them to do it.”

That sentiment is part of what Boyce has called a “nice ask mask” campaign that includes the use of billboards, as seen below, and social media messages, including photoshopped images above that include a mask on the Big Chicken.

Kemp’s order does allow local governments to impose mandates on public property, and Boyce said Cobb County Manager Jackie McMorris can issue a mask order for county buildings.

Birrell said whatever McMorris may come up with, “I support her decisions.”

Shortly after Kemp’s order, the city of Smyrna imposed a mask mandate. Sandy Springs and Roswell orders require masks only in city buildings.

Most Cobb commissioners have been urging public mask use in their public statements and e-mail newsletters, and they often wear them during their public meetings.

Like Boyce, Ott said he has noticed high levels of voluntary mask compliance when he’s out and about.

“We just can’t be thinking up laws that are unenforceable,” Ott said.

No Cobb mask mandate

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Sewell Mill Library to reopen Monday after COVID-19 closure

After being closed since Aug. 7 after an employee was exposed to COVID-19, the Sewell Mill Library and Cultural Center will reopen on Monday beyond curbside service.

The Cobb County Public Library System made the announcement on Friday, and here are the details:

Sewell Mill will be open Mondays, 10 am to 8 pm; and Tuesdays through Fridays, 10 am to 6 pm. Curbside service pickup hours will return to Sewell Mill on Mondays from 11 am to 2 pm and 5 pm to 7 pm; and Tuesdays through Fridays from 11 am to 2 pm.

Cobb Library patrons are asked to schedule curbside appointments at the libraries offering the service at least one hour in advance on the same day of the planned appointment. A form for scheduling the curbside appointments and more details are available at www.cobbcat.org/libraryexpress.

For information on Cobb libraries, including open locations and libraries offering curbside service, visit www.cobbcat.org or call 770-528-2320.

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Cobb homeowners can apply for mortgage payment assistance

Submitted information from Cobb County government:Cobb County Government logo

“Homeowners who own a home in Cobb County and have been adversely affected by COVID-19, may apply for mortgage payment assistance up to $4,800 and/or homeownership counseling. They must have occupied the home prior to March 1, 2020 and currently occupy the home, and they must currently be delinquent on their mortgage payments.

The Cobb Home Saver program is designed to mitigate home losses and provide optional homeownership counseling. Both independent and government studies have shown that when engaged at the onset of a crisis, homeownership education and counseling reduce the odds of foreclosure by 42%.

The Cobb Board of Commissioners approved $4.8 million in emergency funding for the program. The funding comes from the $132 million allocated to the county in the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.For more information, including how to apply, click here: https://cobbhomesaver.org/

For those who are for-profit businesses, don’t forget that Round 2 of the Small Business Relief Grant is still open until August 21st at 5 p.m! See link for eligibility and application requirements: https://selectcobb.com/grants/

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Boyce: Cobb to review new order allowing local mask mandates

Cobb Commission Chairman Mike Boyce said Monday that county officials are reviewing a new executive order by Gov. Brian Kemp allowing local governments to issue mask mandates.Mike Boyce, Cobb Commission Chairman

In a release issued late Monday afternoon by county spokesman Ross Cavitt, Boyce said that if the county were to impose a mask mandate, it would require three public hearings on proposed code amendments, which would have to be approved by the Cobb Board of Commissioners.

As Georgia’s COVID-19 case load has soared this summer, dozens of Georgia mayors and county governments issued mandates in defiance of a previous order by Kemp not to supersede his orders, which do not include a statewide mask mandate.

Among them was Atlanta Mayor Keisha Lance Bottoms, and Kemp sued the city before withdrawing that lawsuit and issuing a revised order over the weekend.

Boyce has been reluctant to require Cobb citizens to wear masks in public, and reiterated that position Monday. He said in a statement via Cavitt that “issuing a mandate would place the burden on the county’s police department to enforce it. I’m reluctant to place that burden on a department that is already understaffed and facing other challenges caused by the pandemic.”

Cavitt’s statement said Boyce noted that none of those jurisdictions with mask mandates have issued citations. Boyce, Cavitt said, “plans on letting commissioners weigh in on whether they want to move forward on a countywide mandate.”

Under the new order, Cobb could include a mandate for anyone entering county government facilities. Kemp’s order also extends local mask mandates to private property if a county meets a threshold of COVID-19 cases.

That’s an average of 100 positive cases per 100,000 population over the previous two weeks, and nearly all of Georgia’s 159 counties meet that threshold. Cobb has averaged 351 cases per 100,000 people over the last 14 days.

It’s a figure that Cobb school officials also have cited for starting the school year online-only, as virtual instruction began Monday.

Kemp’s order would require local governments to get the permission of private property owners before a mask mandate could be imposed. Fines for violators of any local order would be punishable by up to $50 after a warning.

At the end of July, Cobb had reported 11,206 positive COVID-19 cases, with 60 percent of them in July alone. County officials stepped up a “nice mask ask” for the public, also stressing hand-washing and physical distancing, to help slow the spread of the virus.

Through the first half of August, Cobb has reported 3,687 more cases. The number of deaths in the county has grown from 297 at the end of July to 339 as of Sunday, second only to 472 deaths in Fulton County.

DeKalb commissioners in July approved in a 6-1 vote a mask mandate that would require citizens on a second citation to attend a COVID-19 prevention class. Anyone who refused would be fined $250.

Citizens also could go before a judge and claim a conscientious objector’s exception for health, religious or ethical reasons.

Other states in the South have recently imposed statewide mask mandates, including Alabama.

Today’s Georgia Department of Public Health COVID-19 daily report can be found here.

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Cobb property tax bills mailed out; payments due Oct. 15

Cobb Property Tax bills

Probably not the news you want at the start of the week, but the Cobb Tax Commissioner’s Office has sent out a reminder that your 2020 property tax bill has been mailed, and it’s due on Oct. 15.

Tax Commissioner Carla Jackson says 265,052 tax bills in unincorporated Cobb County have been mailed. The $938,326,283 collection total was calculated with 249,678 Real Property bills for $869,994,540 and 15,374 Personal Property bills for $68,331,743.

The biggest part of your bill as indicated above is school taxes—unless you’re taking the senior exemption—at nearly 58 percent, followed by the general fund. Cobb’s six cities levy and collect property taxes from homeowners and businesses in those municipalities.

Bills can be paid online via e-check, debit or credit card at the Cobb Tax Commissioners website, by phone at 1-866-PAY-COBB. If you choose to send via, regular mail, the address is Cobb County Tax Commissioner, PO Box 100127, Marietta, GA 30061.

Bills also can be dropped off at designated drop boxes around the county, including the East Cobb Government Service Center (4400 Lower Roswell Road).

More information can be found here.

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New Kemp order allows local governments to mandate masks

Georgia public health emergency extended
Gov. Brian Kemp has pushed for voluntary mask compliance, but has been reluctant to issue a statewide mandate.

After unsuccessfully suing the City of Atlanta over its mask mandate, Gov. Brian Kemp on Saturday signed a new executive order that permits local governments to issue mask mandates.

It falls short of a statewide mandate that a White House COVID-19 Task Force has recommended, although Kemp has embarked on a statewide tour encouraging Georgians to wear masks in public.

His order on Saturday (you can read it here), which expires on Aug. 31, extends one first issued in March, and that until now had forbidden local governments from superseding statewide provisions.

The order continues to issue a shelter-in-place for medically fragile people, limits large gatherings and mandates continuing safety guidelines for restaurants, salons and other businesses.

The Georgia Department of Public Health on Saturday reported 3,372 new cases and 96 deaths, for an overall total of 235,168 and 4,669. Cobb’s case total rose by 186 on Saturday to 14,826. The death toll rose by four, to 338, the second-highest number in Georgia behind 472 in Fulton County.

After dropping his lawsuit against Atlanta and ending mediation with the city earlier this week, Kemp indicated he would address the mask mandate issue in a new order.

A local government can now issue a mask mandate for anyone using public property in that jurisdiction, such as a courthouse, library, tag office or other facility.

However, that mandate can be expanded to the larger community if a county has averaged more than 100 COVID-19 confirmed cases per 100,000 people for the previous 14 days.

That includes most counties in Georgia, including Cobb. Georgia DPH figures on Saturday indicated that Cobb has been averaging 394.4 cases per 100,000 people over the last two weeks.

According to Kemp’s new order, those mandates can be imposed on private property only if an owner agrees. Violations of any local mandates are punishable by a maximum fine of $50 after a warning. Kemp said in a statement:

This order protects Georgia businesses from government overreach by restricting the application and enforcement of local masking requirements to public property. While I support local control, it must be properly balanced with property rights and personal freedoms.”

Mask Up Cobb

Several dozen local governments in Georgia have defied Kemp’s previous order with mask mandates.

Cobb County is among the jurdisdications that has not issued a mandate. After Atlanta’s mandate was issued by Mayor Keisha Lance Bottoms in July, Cobb Commission Chairman Mike Boyce said he would not do so, citing Kemp’s order.

He said at the time that “while such a mandate looks great on paper, it puts an unsustainable burden on public safety personnel. They would be the ones responsible for enforcing this behavior on more than 760,000 people in the County. This expectation is unreasonable.”

While visitors and staff to county facilities must wear face coverings, Boyce said he was making a “nice ask” for citizens to wear masks elsewhere. Since then, county government has embarked on a “Mask Up Cobb” campaign with social media messages and billboards.

Many local businesses in East Cobb have had mask mandates since they reopened, especially personal care salons and small retail stores. Large retailers and supermarkets also have required customers to wear face coverings for the last few weeks.

The AJC reported this week that the White House COVID-19 Task Force warned that Georgia is in a “red zone” for expanding spread of the virus and urged a statewide mask mandate, saying current mitigation efforts have not been working.

You can read the report by clicking here.

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New Cobb fire chief appointed; is 26-year department veteran

When former Cobb Fire Chief was appointed interim Cobb Public Safety Director last August, one of his deputies, William Johnson, was named interim fire chief.Cobb Fire Chief William Johnson

On Tuesday the Cobb Board of Commissioners voted unanimously to formally appoint Johnson to the position, which oversees fire and emergency services.

Johnson has been in Cobb for more than 26 years, according to his official biography, and started out at the rank of firefighter/paramedic.

He’s worked his way up as an engineer, lieutenant, captain and battalion chief, and in 2016, was appointed deputy chief of preparedness.

Johnson hold a bachelor’s degree from Columbia Southern University in fire science. He is a University of Georgia’s Carl Vinson Institute of Government EXCEL graduate.

Johnson also is part of the 2019 class of Leadership Cobb.

He’s lived in Cobb County all his live, graduating from McEachern High School, and still lives in West Cobb with his wife and two children.

Johnson is a founding committee member of the United Leadership Program and a lifetime Silver Member of the NAACP.

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