East Cobb Government Archives

Cobb home rule hearing prompts Birrell to cancel swearing-in

December 30, 2022 6:39 PMDecember 30, 2022 3:36 PM by Wendy Parker

Cobb commissioner JoAnn Birrell said Friday she won’t be holding a scheduled swearing-in ceremony in public next week because of a court hearing about county redistricting. Cobb adopts $1.4B fiscal 2023 budget

Birrell said in a statement in her weekly e-mail newsletter that “due to a conflict in scheduling with the hearing regarding home rule I will be sworn in at a private ceremony. Thanks for understanding.”

She was to have taken the oath on Wednesday afternoon at the Cobb Board of Commissioners meeting room for her fourth term in office, representing District 3 in East Cobb, followed by a reception.

But a hearing has been called for the same time in Cobb Superior Court for a lawsuit filed by an East Cobb resident to stop the county’s efforts to invoke home rule over commissioner redistricting.

Larry Savage, a Republican candidate for Cobb commission chairman in 2012, 2016 and 2020, is the plaintiff in the suit, filed in Cobb Superior Court.

The suit claims that a vote by the Commission’s Democratic majority in October to file maps to keep District 2 commissioner Jerica Richardson in office is illegal, and that only the Georgia legislature can conduct reapportionment activities.

The Republican-dominated General Assembly approved a map this year (see bottom) to draw Richardson, a first-term Democrat, out of her home in East Cobb, which would mostly be in District 3.

Savage’s claims echo those of Birrell and other state and local Republican officials.

But Richardson, local Democratic leaders and her other supporters have said that while the county’s action may be unprecedented, so is the legislature’s action in drawing a sitting incumbent official out of her seat.

Larry Savage, Cobb Commission Chairman candidate — *Larry Savage*

Cobb officials filed a contested map—proposed by Democratic Cobb legislative delegation chairman Rep. Erick Allen but which were never voted on by the legislature—with the Georgia Secretary of State’s office, anticipating a legal challenge.

Under state law, Richardson would have to change her legal residence to the new District 2 by Saturday in order to run for re-election in 2024, but she said she’s not moving.

Should the county’s legal challenge fail, Richardson would likely be removed from office and a special election would be called to fill the remainder of her term.

Birrell has said publicly that what happened to Richardson is unfair but that the home rule challenge is “politically motivated.”

During the legislative session, Cobb commissioners attended delegation meetings as the maps were being drafted.

Birrell opposed Allen’s map, which included much of the city of Marietta, concerned it wasn’t majority-Republican. She won with only 51 percent of the vote in 2018, but got 59 percent in winning re-election in a mostly-East Cobb district in November.

In recent months, both commissioners representing the East Cobb area have attended a number of public events in what would be the new District 3, including a town hall Richardson held regarding the delayed Lower Roswell Road traffic project.

Birrell also has included news and information about developments in what would be her new district that are currently in District 2.

The court hearing on Wednesday will be heard by Judge Ann Harris.

Cobb commissioners redistricting resolution — *A Cobb commission district map at left was submitted by the county to challenge the legislative-approved map at the right. District 2 is in pink, District 3 in yellow.*

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Birrell to be sworn in for fourth term as Cobb commissioner Jan. 4

December 27, 2022 2:19 PMDecember 27, 2022 12:05 PM by Wendy Parker

Cobb Commissioner JoAnn Birrell will be sworn in for a fourth term next week. Birrell sworn in 4th term Cobb commissioner

Her swearing-in ceremony takes place Wednesday, Jan. 4 in the second floor Board of Commissioners Meeting Room, 100 Cherokee St., downtown Marietta, starting at 3 p.m.

A reception follows in the learning center.

Birrell was re-elected in November from District 3, which includes most of East Cobb. She is one of two Republicans on the five-member board.

The other, Keli Gambrill of District 1 in North Cobb, was sworn in for a second term before Christmas.

They were the only commissioners up for election in 2022.

District 3 has included Northeast Cobb and most of the city of Marietta.

It’s unclear where the lines for the new District 3 will fall in January, however.

The Georgia legislature approved reapportioned maps to include most of East Cobb in District 3.

But Cobb County is officially challenging those lines following a vote by the board’s Democratic majority under home rule provisions.

The Democrats want to keep essentially the same lines that apply today after District 2 commissioner Jerica Richardson was redrawn out of her East Cobb home.

Those maps have been filed with the legislative reapportionment office. Cobb is expecting the state to file a legal challenge.

Birrell has said previously that while she doesn’t think what happened to Richardson was fair, she doesn’t think the county’s legal challenge will succeed.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb approves facial recognition contract for public safety

December 14, 2022 7:12 PMDecember 14, 2022 3:49 PM by Wendy Parker

Cobb approves police facial recognition contract — *Cobb Police Chief Stuart VanHoozer*

Over the protests of some citizens, the Cobb Board of Commissioners on Tuesday approved a contract for Cobb Police to use facial recognition technology for criminal investigations.

The department has been part of a complimentary pilot program with Clearview AI, one of the leading facial recognition platforms. The three-year contract comes with a cost of $17,995 a year.

During a lengthy and often impassioned presentation, Cobb Police Chief Stuart VanHoozer said the Clearview algorithm is ranked the best in the industry, and that he and his staff have been meeting with commissioners and members of the community to develop a draft policy to guide how the technology will be used.

VanHoozer repeatedly defended Clearview AI, which is used by more than 3,000 law enforcement agencies nationwide.

The platform uses artificial intelligence to find online photos from publicly available sources to find matches of criminal suspects. VanHoozer said the Cobb Police policy for using Clearview AI has taken long to develop due to concerns about how it might be used.

“There are some large misconceptions about this product and our intent,” VanHoozer said during the presentation (you can watch it in its entirety below). “I’d be happy to speak with those have been speaking up on this subject” because some of the information, he added “is inaccurate.”

One of the citizens opposed to the contract is Robin Moody of East Cobb, who mentioned during a public comment period before VanHoozer’s presentation the fines and other penalties racked up by Clearview AI for privacy rights violations in Europe, including collecting images of the faces of people without their consent.

She also said that AI hasn’t eased concerns about racial profiling.

Another citizen, during the same public comment period, said that “I don’t give you permission to use my face.”

VanHoozer said Cobb will not use Clearview AI to scan people in crowds or at public gatherings, and use of the technology will be limited to authorized investigators who must log in and provide a case number.

He said Clearview AI is just another tool to help police investigate possible suspects in crimes, and nothing more.

“Emerging technology often collides with privacy concerns,” he said. “Sometimes it takes some time to work those things out.”

But the value of the technology to Cobb Police during the pilot program has been invaluable, he said.

The Clearview AI tool helped police identify a cold-case homicide suspect and also identified the ringleader of a violent home invasion that included children being kidnapped, among other investigations.

VanHoozer said that his department governs itself with an “even stricter policy” so that citizen concerns “are strongly mitigated.”

He said Clearview AI does not do broad public surveillance, such as at public meetings and sporting events, nor does it take footage from doorbell cameras and streetlights.

“What this product does for the most part is take a photograph of a known offender and compare that to a database that has images that are legally obtained and publicly available so that we can identify that individual,” VanHoozer said.

He said the effort to craft the policy and to educate the public about how Clearview AI will be used has been complicated by what he said is information that’s “consistently” being reported incorrectly in the news media.

“We get that nobody wants to live in a police state, including me,” he said. “We would not ever do the things that have been alleged here today. I feel strongly that this is the right thing to do.”

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb DOT to request funding for Lower Roswell redesign work

December 9, 2022 7:07 PM by Wendy Parker

Back in October we reported on Cobb DOT’s plans to have parts of the Lower Roswell Road project redesigned after a good deal of community feedback, including at a robust town hall meeting.

At that town hall, organized by Commissioner Jerica Richarsdon, Cobb DOT director Drew Raessler said the bike lanes would be taken out in favor of a wider multi-use trail, among other things.

On Tuesday, he’ll be asking the Cobb Board of Commissioners for $192,810 for new engineering design work to reflect those changes.

The additional redesign work is expected to take 6-8 months. A major transportation program that has been nearly a decade in the works will be delayed yet again, with a tentative completion timeframe—barring any other setbacks—for 2026.

The agenda item can be found by clicking here; some of the other suggestions and complaints expressed at that town hall at the East Cobb Library aren’t included, including continuing concerns over a proposed median along Lower Roswell between Johnson Ferry Road and Davidson Road.

The commission meeting will take place in the second floor board room of the Cobb Government Building, 100 Cherokee St., in downtown Marietta.

The full agenda packet can be viewed by clicking here.

You also can watch on the county’s website, Facebook Live and YouTube channels and on Cobb TV 23 on Comcast Cable.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb launches UDC page, announces December public meetings

December 3, 2022 1:43 AMNovember 29, 2022 7:58 AM by Wendy Parker

The Cobb Unified Development Code project has a new web address and two public meetings have been scheduled for early December as an independent consultant begins its work.

Cobb government said Monday that public meetings will take place next week—Monday, Dec. 5 at the North Cobb Regional Library (3535 Old Highway 41 Northwest, Kennesaw) and Tuesday, Dec. 6 at the Switzer Library (266 Roswell Street, Marietta).

Both meetings are scheduled from 6:30 p.m. to 8:30 p.m.

Other meetings throughout the county will be announced at a later date.

The UDC is a project of the Cobb Community Development Agency, whose goal, according to a county release, “is to produce a document that encourages and enables development and redevelopment in identified centers while preserving the unique character of the county’s rural areas.”

Community development officials said it’s needed because development regulations in Cobb date back to the 1970s.

“The project,” according to the county, “also aims to protect existing neighborhoods, conserve natural and historic resources, support economic development and provide an opportunity for various housing types.”

Cobb commissioners in a split vote in August approved spending nearly $500,000 to hire Clarion Associates, LLC, a nationwide land-use and planning consulting firm which has provided services for a UDC in Hall County and design and development guidelines in Savannah.

Some critics of the UDC proposal in Cobb have called it “a war on the suburbs,” but agency officials said it’s an increasingly common approach to pulling together all components of development projects.

The consultant’s work will take place over an 18 to 24-month process, starting this winter with public meetings and feedback sessions and opportunities.

A code assessment process will start in the spring of 2023, followed by a draft UDC expected to be presented in the spring of 2024. Public hearings of that draft are slated from summer-fall of 2024.

The new Cobb UDC page includes a timeline of that process, along with zoning, development and design documents and project updates and other materials.

Citizens also can submit questions and sign up for project updates and other information, provide comments and review and comment on draft documents.

Cobb officials respond to court clerk whistleblower claims

November 23, 2022 3:18 PMNovember 22, 2022 3:02 PM by Wendy Parker

As the Georgia Bureau of Investigation begins a probe of the Cobb Superior Court Clerk’s office, Cobb government officials responded Tuesday to some of the claims made by that office’s accounting manager.

Cobb government issued a release Tuesday afternoon saying that some of the comments made by Maya Curry—who is alleging that Superior Court Clerk Connie Taylor has collected more than $400,000 in passport application fees since taking office in January 2021—contain “misleading information.”

Curry, who was hired to work in the clerk’s office in March, is claiming that Taylor ordered her to destroy records about the passport application fees when The Atlanta Journal-Constitution filed an open records request seeking that information.

Under state law, court clerks are allowed to personally keep such funds. But Rebecca Keaton, Taylor’s predecessor, forwarded some of those monies to the county’s general fund.

And the amount of money Curry alleges Taylor had collected far surpasses her annual salary of around $170,000.

In a letter dated Thursday to Cobb commissioners and other county officials, Curry’s attorney, State Rep. Stacey Evans, wrote that Curry was contacted by Cobb County Manager Jackie McMorris to say that she was being placed on leave pending an investigation and that “adverse action” may be coming her way.

Cobb government spokesman Ross Cavitt said in the county release that McMorris was responding to a call by Curry about being the subject of a federal Equal Employment Opportunity Commission complaint by another employee in the clerk’s office, and that her responses were about that complaint, and not her allegations about Taylor.

Cavitt’s statement also said that McMorris was unaware of any issues involving passport fee records when she spoke to Curry and that she was returning a phone call from Curry.

“Since Ms. Curry works for an elected official, Dr. McMorris would not have the authority to place her on administrative leave, nor was there any discussion about ‘adverse action,’ ” according to the Cobb government statement.

The Cobb Superior Court Clerk is a state constitutional elected officer who maintains court records, including real estate transactions.

While the clerk’s office is funded by the county, the Cobb government statement said that the Cobb Board of Commissioners “does not oversee or control its operation or hiring practices.”

Commissioners were presented with an agenda item for their meeting last Thursday from Taylor to forward $84,000 in passport application fees to the county. But that item was withdrawn shortly before the meeting.

Curry’s allegations (you can read her attorney’s letter here) include a comment by Taylor that “we’re just going to Donald Trump this thing,” a reference to deleting any files or records that would be germane to an open records request.

Curry said Taylor has demanded that she leave the office and has had her access to office systems terminated.

A Cobb judge requested the GBI investigation, according to a GBI release.

In the county statement, Cobb Commission Chairwoman Lisa Cupid said that “I look forward to this matter being rectified and the county getting answers on whether the general fund is due any of those fees.”

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb strategic plan hearings set; online survey released

November 2, 2022 3:05 PMNovember 1, 2022 9:54 AM by Wendy Parker

Cobb County Government is holding what it’s calling community listening sessions in each of the four commission districts to gauge citizen input into its Comprehensive 5-Year Strategic Plan.

It’s a chance for the public to provide feedback on various county priorities and services and what county officials are saying is “the primary strategy to lead the ongoing vision and priorities of Cobb County.”

A public session for District 2 starts at 5:30 p.m. on Nov. 10 at the Boy Scouts of America Atlanta Area Council (1800 Circle 75 Parkway). That’s followed at 6:30 p.m. by Commissioner Jerica Richardson’s quarterly town hall meeting.

You can RSVP for both by clicking here.

Another strategic plan session will take place at 6 p.m. on Nov. 15 at the Mountain View Community Center (3400 Sandy Plains Road).

An online survey for the strategic plan also is available and can be downloaded and filled out by clicking here. The survey will be open through Dec. 23, and paper copies will be available at library branches and senior centers.

Cobb commissioners recently voted to spend $1.45 million to hire Accenture LLP, an outside consulting firm, to conduct a comprehensive long-range strategic plan that includes a shorter-term element for the years 2023-2027.

A county release said Accenture helped formulate the survey, which takes about 10 minutes to complete.

“A significant component is getting input from those who live or work in Cobb about what they see as the county’s priorities,” the release said. “Residents can provide feedback to formulate initiatives based on community needs and help the county develop and deliver better services.”

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb passes home rule redistricting resolution in party-line vote

October 27, 2022 12:50 PMOctober 26, 2022 9:33 AM by Wendy Parker

Cobb commissioners voted along partisan lines Tuesday to submit an unprecedented home rule resolution over commissioner redistricting to the state in a dispute that’s expected to be decided by the courts.

The 3-2 vote was the second of a required two votes to invoke home rule provisions. The board’s three Democrats voted in favor, and the two Republicans were opposed.

During reapportionment earlier this year, District 2 commissioner Jerica Richardson, a first-term Democrat who represents some of East Cobb, was drawn into the new District 3 with incumbent Republican commissioner JoAnn Birrell.

Richardson said never before has the Georgia legislature redrawn a county commission incumbent into another district during the middle of a term, and called that an example of state overreach into local matters that home rule is designed to prevent.

Cobb Republican lawmakers ignored a map drawn by State Rep. Eric Allen, the county’s Democratic legislative delegation chairman, that would have left the current lines relatively unchanged, and instead pushed through a map that put most of East Cobb into District 3.

That’s the justification Richardson and her Democratic colleagues gave for making a home rule challenge that Birrell and other Republicans said flouts the Georgia Constitution.

The resolution, which includes reverting the commission district maps to those drawn by Allen, starting Jan. 1, 2023, does not have any bearing on 2022 general elections.

Legislatures in Georgia have the duty to conduct reapportionment.

In its legal challenge, Cobb will be asserting that the state pre-empted the county’s home rule powers, a claim that hasn’t been tested regarding redistricting.

“The electoral district lines established by HB 1256 [Allen’s map, which was not voted on], satisfy the traditional redistricting principles of compactness, contiguity, respect for political boundaries, preserving communities of interest, and protection to incumbents,” the Cobb resolution states.

“I love my district—it’s a true slice of America,” Richardson said in prepared remarks before the vote. “Local government is the operational arm that comes the closest to the community.”

She said that the “historic precedent” of the home rule challenge isn’t just about how her district was redrawn, but preventing the legislature from enacting similar measures that would trample on local home rule.

“This is about the balance of power between all 159 counties and the state,” Richardson said.

Richardson moved to a home off Post Oak Tritt Road in 2021 from an apartment in the Delk Road area, which remains in the new District 2.

She has until Dec. 31 to move into District 2 if she wants to seek re-election in 2024, and some public speakers at Tuesday’s meeting suggested that she do that.

Birrell, who is seeking re-election this year to a fourth term in the new District 3, repeated previous comments that while she thought what happened to Richardson was unfair, the home rule resolution is “politically motivated” and said “this board has no power or authority over the legislature.”

She said the county should take up the issue with the legislature during the 2023 session.

Keli Gambrill, the other Republican commissioner, stressed that “this is not personal. It’s about the rule of law and we can’t be making things up as we go along.”

Richardson’s mother Valerie spoke emotionally on her daughter’s behalf, saying she was “appalled that this election can be null and void after two years.”

She said GOP legislators not only ignored Allen’s map but did not consult with commissioners before having their own drawn up.

“Did they think [Jerica Richardson] would move back to her old apartment or just cry?” Valerie Richardson said. She also referenced previous District 2 commissioner Bob Ott, saying that if he were still in office, “this would not have happened.”

Valerie Richardson also referenced the Civil Rights movement, and asked “Do we have to wait another 100 years to fix this wrong? You have the authority to fix this now.”

Cobb Republican Party Chairwoman Salleigh Grubbs said that while she likes Richardson, the maps approved by the legislature were signed into law early this year and wondered why Democratic commissioners didn’t issue a home rule challenge then.

“This was an apparently calculated plan by Commissioner Richardson,” Grubbs said. “She chose to move in 2021, knowing that redistricting was coming.”

A home rule challenge, Grubbs added, is “not fair to the citizens of Cobb County.” She wanted Richardson to recuse herself due to a “major conflict of interest,” which would have resulted in a tie vote.

Richardson not only didn’t recuse herself, she seconded the motion to adopt the resolution.

South Cobb Commissioner Monique Sheffield, a Democrat, took issue with those who suggested Richardson move, saying it’s code for “you don’t belong, go back to where you belong. . . . She has a right to live anywhere in her district.

“When there was flooding in East Cobb [in September 2021], it was Commissioner Richardson, not the state, holding town halls and advocating on your behalf.”

The board’s other Democrat, Chairwoman Lisa Cupid, in acknowledging the Cobb resolution as “a novel question of law,” said that “this is not something that we can just move past . . . this is not something that we can just take lying down.”

Cobb County Attorney William Rowling said during the discussion that the Allen map would be filed with the Georgia Secretary of State’s Office, where it’s expected to be challenged by the state Attorney General’s office.

In March, after the Republican maps were adopted, Richardson vowed that “I will not step down.”

On Wednesday, she wrote a message on her Facebook page saying that due to the resolution, “on January 1, I will continue to work on behalf of my constituents and no longer be forced to resign 2 years before the end of my term. I appreciate all that came out to have their voices heard and the support for defending local control. It was a beautiful showing of our Cobb community.

“We still have much work to do and must stay committed to doing the good works daily. We cannot forget that the tenets of a republic must be defended, and not taken for granted. The only guarantee is that we will always defend our community regardless of what is yet to come. In the meantime, it’s full steam ahead on the issues that matter to you: infrastructure, economy and workforce, quality of life, and breaking the walls of division.”

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb stormwater work session postponed; Richardson to hold virtual session

October 12, 2022 5:52 PM by Wendy Parker

The Cobb Board of Commissioners’ scheduled work session on stormwater issues was postponed Tuesday due to the length of a regular meeting earlier in the day.

The county public information office said it would be rescheduled.

Commissioners were to hear a presentation and an analysis by the Cobb Water Department of stormwater management issues and the possibility of assessing an impact fee.

District 2 commissioner Jerica Richardson will hold a virtual community meeting Saturday focusing on the stormwater issue. The session starts at 11 a.m. and you can register by clicking here.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Contested East Cobb liquor store license upheld by commissioners

October 12, 2022 12:17 PM by Wendy Parker

East Cobb bottle shop appeals liquor license denial

Cobb commissioners voted Tuesday to uphold a decision by the Cobb License Review Board to grant a liquor license for a new bottle shop on Johnson Ferry Road.

By a 4-1 vote, commissioners confirmed the decision to grant a beer, wine, liquor and Sunday pouring license to WellSpun Investments Inc., which plans to open the Habits Bottle Shop on 2940 Johnson Ferry Road.

That’s in the former location of Jackie’s Wine and Spirits, which has moved close by, to 3140 Johnson Ferry Road.

Jackie’s hired attorneys from the prominent Cumberland law firm of Taylor English Duma LLP to fight the new shop’s application.

Nearby residents also expressed opposition during the initial phase of the request, as the Cobb Business License Division denied the application. WellSpun appealed to the License Review Board, which granted the license in August.

But during a special public hearing Tuesday, the Jackie’s store attorney, Scott Jones, said the WellSpun request should be denied due to its proximity to two day cares and a church.

WellSpun hired a noted attorney as well, Parks Huff, known for his work in zoning cases, who said that Jackie’s doesn’t “want to have any competition.”

He showed a map of liquor stores in the East Cobb area (see below), showing that Jackie’s has a significant portion of the area to itself.

“They’re asking you to overturn a decision, not a recommendation,” he said of the License Review Board’s application.

The 2940 Johnson Ferry Road address is in a strip mall located close to the Sacred Tapestry church, which meets in another retail center.

One of the day care centers Jones referenced, the Princeton Montessori School ,has since closed. Commissioner Jerica Richardson asked Ellisia Webb, the Cobb Business License Division manager, if the distance between the store space and that day care played a role in the initial denial of the license.

“It could have,” Webb said.

Sam Hensley, an attorney represented the Business License Division and the License Review Board, admitted this was “a bit of an unusual situation” because state regulations are involved in liquor store licensing, as opposed to alcohol licenses for restaurants and convenience and grocery stories.

Jackie’s contended that the distance between the two liquor stores would be less than the minimum of 1,500 feet. Hensley said the measurements need to be made in as straight a line as possible, literally from front door to front door.

Huff claimed during the hearing that the distance was 1,560 feet by his calculations.

Another bone of contention was whether the Montessori school could be classified as an educational institution subject to the distance requirements. Huff said the now-closed facility is a day care center (as is the nearby Primrose School of Lassiter).

Richardson moved to uphold the liquor license. Commissioner JoAnn Birrell of East Cobb was the only vote against, and there was no discussion among the commissioners beforehand.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb commissioners OK redistricting resolution in split vote

October 11, 2022 2:37 PMOctober 11, 2022 1:52 PM by Wendy Parker

Cobb redistricting resolution approved — *Commissioner Jerica Richardson said the home rule resolution is an option to address the legislature’s “unprecedented” redistricting against the wishes of the Cobb delegation majority.*

In a strict partisan vote, the Cobb Board of Commissioners approved the first of two votes Tuesday to take an unprecedented step at invoking home rule powers over redistricting.

The board’s three-member Democratic majority voted to approve a resolution that would redraw the four commission districts according to a map accepted by the Cobb legislative delegation.

That map, which was not voted on by the Georgia legislature this year, would have kept current District 2 commissioner Jerica Richardson in her district, which includes some of East Cobb as well as the Cumberland-Vinings area.

The two Republican commissioners voted against the resolution, saying it’s a violation of the Georgia Constitution for local governments to conduct reapportionment, which is a task of the legislature.

Another vote has been scheduled for Oct. 25 before the resolution would be sent to the Georgia Secretary of State’s office, but a lawsuit by the state is expected in response and the matter will likely be resolved in the courts.

“We begin to make history with this vote,” Richardson said.

A map approved by the Republican-dominated legislature redrew Richardson, a Democrat in her first term, out of the East Cobb home off Post Oak Tritt Road that she moved into last year.

She would have to move into the newly redrawn District 2 by Dec. 31 in order to keep her seat. Her term expires at the end of 2024, but she has said since the legislative session that she will “not step down.”

Before Tuesday’s vote, she reiterated previous public remarks that the legislature’s action to draw a sitting commissioner out of office during a term is unprecedented, and needs to be challenged.

She said it’s the opinion of the county’s legal counsel that the Georgia Constitution allows for local governments to claim home rule powers.

That has not occurred with regards to redistricting. “That it has not been used in this manner does not mean it cannot be used in this manner,” Richardson said before the vote.

District 3 Commissioner JoAnn Birrell, a Republican whose new district includes most of East Cobb, said of the resolution that “this action is illegal” and goes against the state constitution.

She said she twice asked Cobb County Attorney William Rowling for a second opinion but noted that “this was not done,” then read from a letter by the state Office of Legislative Counsel questioning the constitutionality of the resolution.

Rowling responded that several times the language in that letter stated “it appears” and took issue with referenced federal redistricting cases.

“Federal cases do not speak to Georgia law,” he said. When Birrell asked him if home rule could apply to local redistricting in Cobb’s case, he said “Yes ma’am. I do think it’s undecided.”

Keli Gambrill of North Cobb, the other GOP commissioner, accused her Democratic colleagues of “playing politics over enforcing policy” in advancing the resolution in executive session.

She also said the “local courtesy” tradition of the legislature honoring county delegation maps isn’t law, and Cobb “has no legal authority to enact redistricting.”

Monique Sheffield, a first-term Democrat who represents South Cobb, said Richardson was elected for four years “and she should have the opportunity to do so.”

That was the sentiment of public speakers in support of the resolution. They included Jackie Bettadapur of East Cobb, who is the head of the Cobb Democratic Party. She didn’t identify herself as such, but said that Cobb’s Republican lawmakers who presented their own maps “went rogue” in getting them approved.

“This is voter nullification,” she said, adding that the GOP “is overturning 2020 election results.”

“State overreach into local government matters has got to stop,” Bettadapur said. “Give voice to our votes and honor the 2020 election results” that resulted in the first Democratic majority on the commission since the 1980s.

Pam Reardon of East Cobb, a Cobb Republican activist who also didn’t mention her party ties, countered by saying that the approved maps are the law and that “this lawsuit is going be a colossal waste of taxpayer funds.”

She said Richardson, who narrowly was elected in 2020 by roughly 1,200 votes over Republican Fitz Johnson, knew redistricting would occur and moved “all the way across District 2” into her new home.

Cobb Commission Chairwoman Lisa Cupid tried to move the vote up on the agenda to allow public speakers to have their say beforehand.

But she couldn’t get a majority, and after the vote, speakers on either side of the issue had their say.

They included East Cobb resident Judy Boyce, whose late husband, Mike Boyce, was the Republican chairman from 2017-2020.

She said she voted in the May primary with the new lines in effect, including District 3, in which Birrell is seeking a fourth term against Democrat Christine Triebsch.

The resolution doesn’t affect 2022 elections, but it could create chaos if it ultimately prevails, and Boyce urged commissioners not to vote for home rule.

“What happens to my vote?” she said, getting emotional. “What you did today nullifies my vote. I deserve to have my vote honored. How does this work now?

“I don’t think what you’ve done today is legal. It’s politically motivated.”

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb Public Library fall book sale returns to Cobb Civic Center

October 10, 2022 2:44 PMOctober 10, 2022 10:40 AM by Wendy Parker

Weekend events, Cobb Library Book Sale

Submitted information:

The Fall Book Sale will be held at Cobb Civic Center October 14-16, 2022.

Materials for sale include books for all ages in both hardcover and paperback, DVDs, Books on CD and audiocassette, and magazines. Prices range from 10 cents to $4.00. Find a price list here.

Cobb Civic Center is at 548 South Marietta Pkwy SE, Marietta, GA 30060. Hours for the sale are Friday and Saturday from 9 am to 5 pm, and Sunday from 1 pm to 5 pm. There is plenty of free parking.

Acceptable forms of payment are debit, credit, cash, and checks. On Friday until 1 pm electronic devices are not permitted. While we hope you will buy lots of materials, we are only able to sell up to 2 boxes of items at a time on Friday until 1 pm. Please plan to pay and take items to your vehicle before coming in to shop some more. On Sunday we will be working to sell out the Civic Center so please come to buy, buy, buy!

All profits from this book sale go directly to buying more items for Cobb County Public Library’s 15 branches and bookmobile. For more information, please visit cobbcounty.org/library.

Get Our Free E-Mail Newsletter!

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb stormwater analysis, impact fee options to be presented

October 8, 2022 11:10 AM by Wendy Parker

Cobb storm damage town hall — *Damage to a yard in Terrell Mill Estates after September 2021 flooding.*

Nearly a year after Cobb commissioners asked the county water department to examine the possibility of imposing a stormwater impact fee, they will hear a preliminary analysis on Tuesday.

A work session has been called for Tuesday at 1:30 p.m. “to present information on stormwater management services and the preliminary analysis of a stormwater fee based on impervious surface,” according to the agenda item.

Since 1994, stormwater management has been handled by the Cobb water system, and is funded by water and sewer revenues. A consultant recommended the county impose a stormwater fee in a 2005 report, but no action was taken.

The county has admitted it lacks staffing and resources to adequately handle demands on the system.

The agenda item for Tuesday’s work session states that “there is a significant backlog of stormwater maintenance projects” including the maintenance of more than 400 detention ponds.

There have been numerous sinkholes resulting from pipe failures

Following floods last fall that damaged the homes and yards of residents in East Cobb and other areas of the county, the subject has taken greater precedence.

Commissioner Jerica Richardson held several virtual meetings. Since a December 2021 meeting the water system has been looking at how other other metro Atlanta jurisdictions manage stormwater utilities and how they charge for them.

A potential impact fee based on impervious surface of a property, instead of water and sewer usage, was raised at the time.

But commissioners were divided along partisan lines, with the board’s two Republicans opposed.

One of them, JoAnn Birrell of East Cobb, said she wasn’t in favor of adding another utility fee with water rates going up in Cobb.

When East Cobb News asked Cobb spokesman Ross Cavitt about what specifically will be recommended by the water department Tuesday, he said that “they are still working on final details before presenting it to the board.”

Since it’s a work session, there won’t be a vote. The meeting will take place in the second floor board room of the Cobb Government Building, 100 Cherokee St., in downtown Marietta.

You also can watch on the county’s website, Facebook Live and YouTube channels and on Cobb TV 23 on Comcast Cable.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

East Cobb bottle shop opponents appeal liquor license approval

October 6, 2022 3:39 PM by Wendy Parker

East Cobb bottle shop opponents appeal liquor license

Community members opposed to a liquor store that plans to open in the same location vacated by another bottle shop on Johnson Ferry Road have appealed to the Cobb Board of Commissioners.

Commissioners will conduct a public hearing Tuesday to hear the appeal of residents and nearby business owners, who say the area doesn’t need another liquor store.

WellSpun Investments Inc. applied in March for a liquor, beer, wine and Sunday sales license for Habits Bottle Shop at 2940 Johnson Ferry Road, near the intersection of Freeman Road.

It would replace Jackie’s Fine Wine and Spirits, which relocated nearby to 3140 Johnson Ferry Road, and would be open from 11 a.m. to 9 p.m. daily.

WellSpun was initially denied a liquor license in June by the Cobb Business License Division, then appealed to the Cobb License Review Board, which granted approval in August.

Opponents, who have hired an attorney, Christina Moore of Taylor English Duma LLP, have said the new store is located close to two pre-schools and religious space and isn’t suitable for an area with young people. Some also expressed traffic concerns at that intersection.

The store is less than 600 feet from the Princeton Montessori School and the Primrose School of Lassiter and is less than 400 feet from Sacred Tapestry, a Methodist-affiliated entity that holds worship services at an adjacent strip mall.

The License Review Board typically grants waivers for distance requirements if there’s not opposition.

(Also on Tuesday’s agenda is a consent item to grant a liquor license for a new Canton Road sports bar on Canto Road, whose owner has appealed a denial of a liquor license due to its proximity to a church.The review board is recommending commissioners approve the license for Bar 44, and there has been no known opposition.)

Since Jackie’s moved, the landlord has been advertising the 2940 Johnson Ferry Road space as suitable for a liquor store or retail use.

But letters from community members initially filed in March, and included in Tuesday’s agenda item for the hearing (you can read through them here) say that there are plenty of establishments in the vicinity that sell alcohol in addition to Jackies: Walmart, gas station convenience stores and restaurants.

“There are currently 10 stores selling distilled spirits within a 5 mile radius with many more selling wine and beer,” wrote one citizen. “The proximity to schools and impact on traffic are two very important additional reasons why we object to this application.”

Another resident said “we don’t need one more establishment for the teenagers at Pope and Walton High School to buy from, and inevitably pay a legal adult to buy alcohol for them. I know this due to the fact that I went to Walton High School and my daughters went to Pope High School.”

In response to a questionnaire from the review board, Salim Rajan of WellSpun said he would require employees to card “if a customer appears to be under the age of 40” and that employees will be terminated if they have been found to have made an underage sale.

The Tuesday hearing will take place at the end of the meeting, and will be conducted like a formal court proceeding, with witnesses sworn in, evidence introduced and cross-examination allowed.

The full agenda for Tuesday’s Board of Commissioners meeting can be found by clicking here. It will take place in the second floor board room of the Cobb Government Building, 100 Cherokee St., in downtown Marietta.

You also can watch on the county’s website, Facebook Live and YouTube channels and on Cobb TV 23 on Comcast Cable.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

‘How to Do Business With Cobb’ seminar includes Cobb schools

October 4, 2022 11:10 AM by Wendy Parker

Cobb County.Government and the Cobb County School District are teaming up to hold a “How to Do Business With Cobb” seminar on Oct. 12.

The seminar takes place from 5-7 p.m. at the Cobb Senior Wellness Center (1150 Powder Springs Street, Marietta) and is free to the public.

The seminars, conducted with assistance from the Cobb government purchasing department, assist local businesses seeking contracts as vendors.

Space is limited. To RSVP for the seminar, send an e-mail to Kimberly.Jorgensen@cobbcounty.org or call 770-528-3317.

How to Do Business With Cobb seminar

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Rising construction costs to delay Gritters Library rebuild

September 29, 2022 7:18 AM by Wendy Parker

Gritters Library rendering — *A rendering of the proposed reconstruction of Gritters Library, which is to replace a nearly 50-year-old branch in Shaw Park.*

A proposed contract to begin construction of the replacement building for Gritters Library in Northeast Cobb was pulled by Commissioner JoAnn Birrell Tuesday because she couldn’t get enough support from her colleagues.

Near the end of a five-hour meeting, Birrell said she was withdrawing a $10.5 million proposal for the new library building and a renovation of the adjacent Northeast Cobb Community Center.

That’s $2.5 million more than what was initially projected because of what county officials said were rising construction costs.

The contract proposal would have made up for the shortfall with general fund revenues, which some commissioners objected to.

“Until we can find out where an additional $2.5 million is coming from, it’s the consensus of the board that we’ll explore other avenues,” Birrell said somberly.

“It’s near and dear to my heart and it kills me not to be able to move this forward,” she said. “We’ve got some work to do, but we’ll get there.”

Both projects are earmarked in the 2016 Cobb SPLOST. The Gritters project received a $1.9 million capital outlay grant last year from Georgia Public Library Services, while the community center renovations were pegged at $1.2 million.

Last December, Cobb officials even held a groundbreaking for the new Gritters building and a new Cobb Police Precinct 6 station next to the Mountain View Aquatic Center. Work to start that latter project also has been delayed due to construction cost increases.

Before the vote, Abby Shiffman, a Cobb Library trustee board member, urged commissioners to finalize the Gritters contract.

Construction was tentatively scheduled to begin in December to rebuild Gritters, which opened at its current location in Shaw Park in 1973.

Initially the plan was to renovate the building at a cost of $2.9 million, but later it was determined that an entirely new facility was needed, at a cost of $6.8 million.

Gritters is the last of the library projects remaining in the 2016 SPLOST. That collection period funded the Sewell Mill Library and Cultural Center that opened in early 2018, replacing the East Marietta Library.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb commissioners approve short-term rental ordinance

September 28, 2022 7:32 PMSeptember 28, 2022 6:34 PM by Wendy Parker

Cobb approves short-term rental ordinance — *Jessica Guinn, Director of Cobb Community Development Agency*

For the first time, short-term rental properties in unincorporated Cobb will be regulated by the county.

But before the 4-1 vote by the Cobb Board of Commissioners Tuesday, some citizens still expressed either opposition or wanted them to delay passage and make further changes to the proposed ordinance.

While acknowledging the first-time code provision is far from perfect, Cobb Community Development Director Jessica Guinn said it’s important to get started with an enforcement mechanism.

The new ordinance will go into effect on Jan. 1, 2023.

Each rental must have a designated local agent available to be contacted about parking, noise and other issues.

The regulations would allow up to one person for every 390 square feet and parking, building, health and sanitation regulations governing single-family zoning would also apply.

The rentals would be subject to hotel/motel taxes tourism fees and other local and state taxes.

The ordinance would require a separate certificate for each rental, lasting no more than 30 days.

In a major revision from the initial Sept. 13 public hearing on Cobb code amendments, only one active certificate could be in use per dwelling unit.

That was a response to concerns that single-family homes could be turned into “transient hotels,” with multiple parties occupying a residence at the same time.

But homeowners who rent out their homes said that would make it difficult for them to make ends meet, and that institutional and corporate owners of homes would benefit from the new law.

Jonathan Tremblay, a short-term rental owner, said he supports an ordinance to remove the ambiguity around the issue, but objects to the revised ordinance.

The changes, he said, “have effectively prevented homeowners from supplementing their income from short-term rentals.”

Tremblay said his attempts to speak with commissioners and county staff have been in vain.

“Without short-term rentals, me and my family will most likely have to file for bankruptcy and will likely have to relocate out of Cobb County,” he said.

Commissioner Keli Gambrill, who was the only vote against, held up a copy of a state law that the president of the Cobb Association of Realtors referred to during a public comment period.

Wendy Chambers told commissioners that state law prohibits local governments from mandating that residential rental properties be registered with the county.

“Requiring someone to register their property in any form or fashion is against Georgia law,” Marshall said, adding that current Cobb ordinances governing parking, noise and other provisions of the new code could be used.

She also said there may be constitutional issues under the Equal Protection clause, since short-term rental owners would be treated differently than those who rent out for longer periods of time.

“I’m not sure that Cobb County wants to take away the personal property rights of its residents,” she said.

When Gambrill later asked why the county didn’t draft the proposed ordinance “to supplement what the [state law] didn’t address,” she was told by Cobb County Attorney Bill Rowling that “it’s not a registration. It’s a business license.”

This is the third time Guinn has brought a proposal to commissioners, and said what she submitted is similar to provisions that exist in other local jurisdictions.

“Currently we have nothing,” Guinn said. Commissioners delayed a vote on the short-term rental proposal when it updated the code in January.

Commissioner of JoAnn Birrell of East Cobb said she didn’t see a need to delay passing an ordinance any further.

“To keep holding this when you’ve been saying all along we need to do something,” she said. “We can always change it down the road.”

Commissioners also approved new code changes that would require annual inspections of multi-family housing, require a permit from the Cobb Fire Marshal’s office for outdoor events with more than 1,000 people and ban smoking and vaping in county-owned parks, sporting complexes and recreation areas, except where designated.

A landlord would be required to hire a certified building inspector at its own expense and that is approved by the county. A quarter of a property’s units would be inspected every year. That ordinance will becoming effective Jan. 1, 2024.

In another new ordinance, developers who wish to build private streets must build them to county standards for public streets and a homeowners association is required to insure, maintain and repair them to county standards.

Also passed Tuesday was an updated code provision requiring rezoning applicants to file a traffic study at least 15 days before a request is heard by the Cobb Planning Commission.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Proposed Cobb short-term rental regulations draw opposition

September 26, 2022 11:59 AM by Wendy Parker

While the now-pulled trash service overhaul has gotten much of the attention, other proposed Cobb code amendments to be considered by Cobb commissioners have generated community opposition.

Cobb short-term rental proposals — *Richard Grome, East Cobb Civic Association*

Among them are proposed regulations for short-term rentals, a matter that has come before commissioners twice before.

A final hearing on that and other code amendments is scheduled for Tuesday night, as is a vote by the Cobb Board of Commissioners.

Their meeting begins at 7 p.m. in the 2nd floor board room of the Cobb government building, 100 Cherokee St., in downtown Marietta.

The code amendment proposals cover a wide range of ordinances, including apartment inspections, smoking in public parks, and zoning.

You can read through them by clicking here.

The Cobb Community Development Agency hasn’t substantially changed proposed provisions for short-term rentals up to 30 days that would require a certificate for each rental through the Cobb Business License Division.

Each rental must have a designated agent available be contacted about parking, noise and other issues.

The regulations would allow up to one person for every 390 square feet and parking, building, health and sanitation regulations governing single-family zoning would also apply.

The rentals would be subject to hotel/motel taxes tourism fees and other local and state taxes.

Fines would be $500 for a first violation in first 12 months and $750 for a second violation in the same time span. A third violation would result in revocation of a certificate, and new applications for that property would be rejected for 12 months.

Cobb commissioners declined to approve the proposal in January and the opponents raised familiar concerns.

Richard Grome, president of the East Cobb Civic Association, asked commissioners at a Sept. 13 public hearing to hold the code amendment proposals.

The proposed regulations, he said, include “a great amount of ambiguous language and undefined terms, all of which are subject to interpretation.”

He asked whether a $55 license cost for a short-term rental would cover “all the work involved” in keeping four county agencies updated. Grome also asked who would be responsible for checking the maximum occupancy and if some properties could be grandfathered.

While recognizing the need for such a code, Grome said “work still needs to be done to tighten up the language and address certain specific issues.”

Jamie McCreary, a resident of the Weatherstone subdivision in East Cobb, also said that enforcement mechanisms “lack definition.”

He said the provision that short-term renters and agents are responsible for following, the health, sanitation and other regulations “sounds very fox and henhouse. In my opinion they’re always going to be in compliance if they’re the ones that get to say if they’re in compliance or not.”

McCreary said that notifications to be provided in the rentals of occupancy and parking limits “are good,” but he also questioned how that would be enforced.

He worried about the introduction of what he called “transient housing” in residential neighborhoods, and referenced a home next to his with 5,500 square feet that could allow up to 14 people.

“I’d like to see some control between families who are trying to make a little additional income to get by and make ends meet versus people who are setting up transient hoteling systems,” McCreary said.

The full agenda for Tuesday’s meeting can be found by clicking here.

You also can watch on the county’s website, Facebook Live and YouTube channels and on Cobb TV 23 on Comcast Cable.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Cobb libraries to provide check-out citizenship and civics kits

September 22, 2022 12:08 PM by Wendy Parker

Cobb libraries Thanksgiving week events

Starting Oct. 3, Cobb library patrons will be able to check out materials to help them in the process of becoming American citizens.

The Citizenship and Civics guides include “official U.S. Citizenship and Immigration Services (USCIS) publications and study guides on the naturalization process, according to a Cobb County Public Library System release.

Katherine Zavala, a member of the library’s Community and User Engagement department, said the kits also will help aspiring citizens prepare to meet with an immigration attorney. More from the release:

“The kit contains publications on the rights and responsibilities of immigrants seeking to become a U.S. citizen, quick civic lessons for the naturalization test, flashcards in English and Spanish on naturalization, and a Citizenship Resources at the Library sheet. The checkout period for the kit is three weeks.”

The launch of the kits comes on National Diversity Week, Oct. 3-7. For information and to download materials related to the kits, visit www.cobbcounty.org/library/services/passports-citizenship.

For information on Cobb County Public Library programs and resources, visit cobbcat.org or call 770-528-2326.

Mountain View Regional Library to offer passport services

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related stories

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Related:

Get Our Free E-Mail Newsletter!

Share this post:

Like this:

Share this post:

Like this: