East Cobb Government

Cobb officials respond to court clerk whistleblower claims

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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.

Jackie McMorris, Cobb County Manager
Jackie McMorris, Cobb County 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.”

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Cobb strategic plan hearings set; online survey released

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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.Cobb strategic plan hearings set

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.”

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Cobb passes home rule redistricting resolution in party-line vote

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Cobb commissioners redistricting resolution
The current Cobb Commission map (at left) shows District 2 in pink; a redrawn map (at right) placed most of East Cobb in District 3, shown in yellow.

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.

Commissioner Jerica Richardson

“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.

Commissioner JoAnn Birrell

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.”

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Cobb stormwater work session postponed; Richardson to hold virtual session

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Cobb stormwater work session postponed
Stormwater damage to a residential property off Robinson Road near East Cobb Park in Sept. 2021.

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.

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Contested East Cobb liquor store license upheld by commissioners

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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.

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Cobb commissioners OK redistricting resolution in split vote

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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.

Commissioner JoAnn Birrell

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.

Judy Boyce

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.”

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Cobb Public Library fall book sale returns to Cobb Civic Center

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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.

 

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Cobb stormwater analysis, impact fee options to be presented

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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.

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East Cobb bottle shop opponents appeal liquor license approval

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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.

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

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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

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Rising construction costs to delay Gritters Library rebuild

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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.

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Cobb commissioners approve short-term rental ordinance

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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.

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Proposed Cobb short-term rental regulations draw opposition

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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.

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Cobb libraries to provide check-out citizenship and civics kits

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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.

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Cobb commissioners table proposals to regulate trash service

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Cobb tables trash proposals

The Cobb Board of Commissioners voted Tuesday to table code amendment proposals pertaining to trash service.

But they disagreed on when, or even if, to bring proposals back for board consideration.

By a 4-1 vote, the commissioners approved tabling the amendments until January. Tuesday’s vote came before the first public hearing on code amendments, which will be voted on Sept. 27.

The dissenting vote was from Commissioner JoAnn Birrell of Northeast Cobb, who supported tabling the trash proposals but thinks doesn’t think they need to be brought back at all.

“I think the public has been loud and clear,” said Birrell, who’s up for re-election in November in a newly drawn District 3 that includes most of East Cobb.

“This should never have been brought to the board,” she said, without talking to the haulers and the public.”

She said she’s received 1,715 e-mails from citizens, with only two in support of a proposal that would have limited trash service to one hauler per commission district.

All five board members have publicly said that they don’t support the single-hauler provision, and held a work session Aug. 31 with private providers to hear their concerns.

There was another meeting last week with the haulers and county officials to continue hammering out solutions to trash service problems that Chairwoman Lisa Cupid said have been lingering for a decade.

“I don’t know that we need an ordinance to address this code at this time.”

Later, she said that the trash proposal “need to be removed completely. If it needs to come back, it can come back.”

Keli Gambrill of North Cobb agreed with Birrell, her fellow Republican.

“These are things that can be solved by the haulers without the county’s interference,” Gambrill said via telephone, attending the meeting remotely.

Citizens in unincorporated Cobb contract with private providers for trash service. But Cupid said the county has a role in resolving service issues some citizens have had with not getting service, or getting inconsistent service.

“This is a public health matter, when there are citizens not getting service,” Cupid said. Until now, “there has not been a prod to the private market to address these issues. There is a role for us to play in this matter.”

Commissioner Jerica Richardson of District 2 in East Cobb said that while tabling the amendments “doesn’t necessarily solve the problem” of inconsistent trash service, it’s “encouragement that the right kind of dialogue is happening to address this issue.”

After the vote, speakers at the public hearing  also spoke out against the trash proposals, which included mandatory recycling.

“This amendment isn’t ready for game time,” East Cobb resident Debbie Fisher said, calling it an example of “government overreach.”

She said she found it ironic that county government is attempting to step in to dictate trash service when it “can’t mow the grass” in road medians. “That’s a problem. Limited government is always better.”

East Cobb resident Hill Wright, who started a website to galvanize opposition to the single-hauler proposal, acknowledged that while there are issues in some areas with trash service, “the county has proven that it is not the right entity to make it happen.”

Beyond the initial meetings with haulers, he said, “we need town halls,” and was critical of what he said was an initial attempt to “bypass the haulers and the public.”

One of those haulers, Brian Warren of Custom Disposal Service, thanked commissioners for tabling the code amendments. He said 75 percent of his company’s business is in Cobb, and he’s served on a task force in nearby municipality to help resolve trash issues.

He was responding to a question about how long such a process might take, and he said from previous experience that “within a six-month period we came up with a plan.”

He urged commissioners not to follow the lead of Gwinnett County, which went to a single-hauler format a decade ago, only to continue to have service problems.

“Cobb should be a county that others want to emulate,” he said. “We don’t need to emulate others with failed programs.”

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Cobb code amendments to get first public hearing Tuesday

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Cobb code amendments public hearing
Jonathan Jenkins, Director of the Cobb Sustainability, Solid Waste and Beautification Department

Cobb Commissioner JoAnn Birrell reiterated Friday that there will be a motion made following a public hearing on Tuesday regarding proposed code amendments to table measures related to solid waste.

In her weekly e-mail newsletter, Birrell said that after the public hearing Tuesday by the Cobb Board of Commissioners, “the Board plans to make a motion and vote to table the Solid Waste code section. It is a consensus of the BOC—none of us are in favor of the proposed one hauler per district.”

She made a similar statement last week after commissioners held a special work session with private trash haulers who were opposed to proposals they said would put them out of business.

Jonathan Jenkins, Director of the Cobb Sustainability, Solid Waste and Beautification Department, had initially proposed limiting each of the four commission districts to a single hauler.

Birrell, a Republican from District 3 in Northeast Cobb who is up for re-election in November, objected, saying citizens should be free to select their own trash service.

She started her e-mail Friday by saying that “as I have stated on the record in meetings, I am in support of open market and residents being able to choose their trash provider.”

She also wanted a delay in the trash code amendments to January. Commission Chairwoman Lisa Cupid initially balked, saying that too many citizens have been waiting for improvements for inconsistent trash service.

But after last week’s meeting with the haulers, such a delay appears to be likely.

The code amendment proposals cover a wide range of ordinances, including major changes to the county’s short-term rental provisions, apartment inspections, smoking in public parks, and zoning.

You can read through them by clicking here.

Commissioners will also hold a second and final public hearing during their Sept. 27 business meeting at which they will vote on code amendments.

Tuesday’s public hearing comes near the beginning of the commissioners’ business meeting that starts at 9 a.m. in the 2nd 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.

A full agenda of Tuesday’s meeting can be found here; other items include a recognition of Cobb County government marking 25 years of having a AAA credit bond rating by Moody’s, Fitch and Standard & Poor’s.

Commissioners also will be asked to finalize the appointment of a new county economic development director and to allocate more than $3.1 million in the county’s share of American Rescue Plan Act funding for workforce development, mental health training, and an infectious disease testing project.

The majority of the proposed funds, $2.1 million, would be used to purchase transport vehicles to assist those affected by COVID-19.

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Cobb trash haulers tell county officials: ‘We can fix this’

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Cobb trash haulers
John Swierenga, owner of Trash Taxi: “We can fix this without disrupting what we have.”

A number of mostly small and independent trash haulers pleaded with Cobb officials Wednesday to work with them to resolve long-standing service issues.

Most adamantly, they asked that Cobb not approve a code amendment that they claimed would put many of them out of business.

Even before the “trash summit” at the Cobb Civic Center, Cobb Commission Chairwoman Lisa Cupid said neither she nor any of her colleagues were in favor of a designating a single hauler for each of four commissioner districts.

That was at the heart of a proposal by the Cobb Sustainability, Solid Waste and Beautification director presented last week during a work session.

Commissioner JoAnn Birrell had previously suggested delaying trash service changes until January, but Cupid was hopeful changes to the proposal could be hammered out by the time commissioners vote on code amendments later this month.

UPDATE: After we published this story, Birrell included the following information in her weekly e-mail newsletter:

“As the code amendment package has been advertised, there will still be a public hearing at 9 a.m. on Sept. 13 on all proposed code amendments. However, after the public hearing, we plan to make a motion and vote to table the Solid Waste code section. It is a consensus of the BOC—none of us are in favor of the proposed one hauler per district.”

She and fellow Republican commissioner Keli Gambrill attended the summit along with Cupid. You can watch the full two-hour summit below.

The trash-related proposals are expected to be pulled before commissioners vote on code amendments later this month.

“We want a code amendment framework to address all these issues,” Cupid said at the outset of the meeting, referring to five areas of concern that she said have continued since the recession.

They include some areas that haulers will not serve, inconsistent service, multiple trash haulers serving the same neighborhood, illegal dumping and a lack of curbside recycling.

Kimberly White, executive director of Keep Cobb Beautiful, a government agency, said the county had to close several recycling dropoff spots it maintained because the private hauler it contracted with “couldn’t keep up.”

Some of those locations became an eyesore, she said, and KCB is trying to reopen more spots.

Shannan Salvey, co-owner of S & B Junk Removal, said in prepared remarks that the county “couldn’t handle recycling and now you want to manage trash for the whole county.”

She said the proposed code amendment would “take away our customers’ pursuit of happiness.” A single-hauler monopoly, she said, goes against “the foundations of our country.”

Unlike the previous work session, Wednesday’s meeting with the haulers included a lengthy discussion on recycling.

The proposed code amendment also would have required trash haulers to provide recycling services, something Cupid said residents have been complaining about.

Jon Swierenga of East Cobb, owner of Trash Taxi, said he and other haulers offer recycling, but it’s not mandatory and it comes with an additional fee.

When White said that “charging extra for recycling is too much” for some customers, he responded that “it’s not that we don’t want to recycle. But we cannot absorb all that cost.

“It’s not that the service isn’t available,” Swierenga said. “It’s that customers don’t want to pay for it. That’s the issue. We want to provide the services but we can’t do it for free.”

Also sitting at the table was Parks Huff, a noted Cobb zoning attorney who was representing the haulers. He suggested improving communications with the public as well as the haulers.

“It costs the same to pick up recycling as it does trash,” he said. “That needs to be communicated.”

He also said he didn’t know there was a recycling station at Lost Mountain Park until he went there one day.

Haulers said they were blindsided by the code amendment, which was proposed without their input. Jonathan Jenkins, head of the Cobb solid waste department, said he hadn’t met with haulers since 2019.

“We need time to address these issues,” Swierenga said. “We would like to hear of complaints that we can respond to in 24-48 hours. We can fix this without disrupting what we have.”

He said he was optimistic in saying that “I see a win-win down the road on this.”

Cupid reiterated that there isn’t a proposed 18 percent fee increases for sanitation services that some opponents of the proposed code amendments had claimed.

“We want every resident to have access to trash service, a robust recycling program and reduce litter in the county,” she said in a statement in her newsletter Friday. “This is a constructive meeting, and we are going to work to improve communications and work towards a solution.”

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Cobb Elections to hold open house, job fair at new facility

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The Cobb Board of Elections and Registration recently moved to new offices on Roswell Street near the Big Chicken.Cobb Elections open house

There’s an Open House scheduled for next Saturday, Sept. 10 that also will include a job fair to fill positions for the November general elections.

The event will take place from 11 a.m. to 3 p.m. at the new facility, 995 Roswell Street, Marietta.

The agency recently moved there from offices on Whitlock Avenue. The Cobb elections board voted earlier this month to relocate early voting to the headquarters, which features expanded and more secure space.

The ribbon cutting takes place at 11 a.m., and the job fair starts at 12 noon.

Representatives from every department within the elections office will be available to speak with job candidates about the open positions, which include poll workers, warehouse prep and more.

For more information about Cobb Elections, click here.

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Sunday hours to resume at Mountain View Regional Library

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Mountain View Regional Library

The Cobb County Public Library System said Monday that Sunday hours at its main branch and three regional libraries will resume starting Sept. 11.

Those locations include the Mountain View Regional Library (3320 Sandy Plains Road), as well as the main Switzer Library in downtown Marietta, the South Cobb Regional Library in Mableton and the West Cobb Regional Library in Kennesaw.

According to a release sent by the library system, they’re the largest libraries in the system.

The hours will be what they were before the pandemic—1 p.m. to 5 p.m.

For more on the services at the Mountain View Regional Library, click here. The phone number is 770-509-2725.

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Mountain View Regional Library to offer passport services

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Mountain View Regional Library passport services

The Cobb County Public Library System announced this week that starting Sept. 6, citizens can obtain passports at two of its branches.

They include the Mountain View Regional Library (3320 Sandy Plains Road) in East Cobb and the West Cobb Regional Library (1750 Dennis Kemp Lane, Kennesaw).

They have been approved as Passport Acceptance Facilities by the U.S. State Department and library staff have been trained to process passport applications.

The library system said in a release earlier this week that passport services at those branches will be available via appointment only Monday—Wednesday from 11 a.m. to 7 p.m. and Thursday—Saturday from 12-3 p.m.

But the applications will be limited to first-time adult applicants, age 16 and older, and children under 16.

Renewals will not be processed at the libraries, and passport photo services will not be provided.

The costs are a passport application fee determined by the State Department and a $35 acceptance fee, each payable by check, money order or cashier’s check.

Starting Sept. 6 the library system will begin accepting appointments online or by calling the library branches directly.

For information on passport services at Cobb libraries visit cobbcat.org or call 770-528-2326.​​​

For more information about passports in general, visit the U.S. State Department website.

 

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