Cobb judge orders East Cityhood referendum to proceed May 24

Cobb Superior Court Chief Judge Robert Leonard
Cobb Superior Court Chief Judge Robert Leonard

A Cobb Superior Court Judge ruled Thursday that Cityhood referendums in East Cobb, Lost Mountain and Vinings will go ahead as scheduled on May 24.

Chief Judge Robert Leonard issued an order to stay that notes he may hear the merits of three lawsuits filed to stop those votes after the referendums take place.

The lawsuits challenge the constitutionality of the charters for the proposed cities of East Cobb, Lost Mountain and Vinings.

But in his order (you can read it here), Leonard said that Colin Brady, the plaintiff in the suit to stop the East Cobb referendum, “seeks relief prematurely, and this matter is not yet ripe for review.”

Leonard said that Brady is asking the court to rule on the constitutionality of “a proposed law that may or may not go into effect.”

The judge further concluded that Brady, who is an opponent of East Cobb Cityhood, “is entitled to campaign against it” like any other citizen.

Leonard also wrote that “this Court declines to interfere with the legislative process and remove the referendum from the ballot.”

If the referendum fails, “the case will be moot and will be dismissed” and if it passes, Leonard added, the plaintiff may petition the court “and the complex issues presented in this case can be heard with the benefit of full briefing and argument, rather than with an abnormally shortened and rushed timeline.”

(Advance voting for the referendums and Democratic, Republican and non-partisan primaries begins on Monday; click here for details.)

The Committee for East Cobb Cityhood praised the ruling, issuing a statement Thursday from chairman Craig Chapin:

“The anti-city opposition’s desperate attempt to legislate from the bench and deprivation of East Cobb citizens’ right to vote has been recognized by a judge. We know the people in this community are smarter than what the opposition gives them credit for, but we still appreciate it when judges see through these tactics so that democratic processes can proceed without interference or manipulation. We are pleased that citizens will have the opportunity to vote on the Cityhood referendum questions for the cities of East Cobb, Vinings, and Lost Mountain on May 24th.”

He filed a motion Monday seeking to intervene in the East Cobb lawsuit as a defendant.

Attorneys for both sides in all three lawsuits met with Leonard late Wednesday before he issued his order.

(Leonard also will be on the primary ballot in a non-partisan race as he is seeking re-election. He is being challenged by Charles Ford, a public defender in Fulton County, and private attorney Matt McMaster.)

Allen Lightcap, an Atlanta attorney, filed all three lawsuits on behalf of residents in East Cobb, Lost Mountain and Vinings.

He said legislation in all three cases setting up the referendum and creating city charters is unconstitutional.

He said proposed city charters included in legislation that passed this year violate state home rule provisions regarding the provision of services by local governments.

Specifically, the suits say that the legislation in all three cases takes away the discretion of local governments to provide supplementary powers.

He said those powers can be enumerated only through general law applying to all local jurisdictions in the state and not via local law, which the three Cobb cityhood bills were.

In his suits, Lightcap said the referendums must be stopped because voters may think they’re voting for services that they may not end up getting.

In response to a request for comment from East Cobb News, Lightcap issued the following statement:

“We appreciate the Court’s thoughtful decision to stay the cases rather than dismiss them, as advocated by the County and the Intervenors. 

“By staying the cases, the Court recognizes that the cases present important constitutional questions that should be heard if any of the referenda are approved by the voters. 

“Ultimately, the plain language of the constitution specifically forbids the City-Lite provisions of these charters. If any of these cities pass, the Court will be squarely presented with an unconstitutional charter, and these important challenges will proceed.”

There’s one more scheduled East Cobb Cityhood debate, next Wednesday, May 4, at Pope High School.

It’s sold out for in-person attendance, but Blaine Hess of the Rotary Club of East Cobb, which is sponsoring the event, said it will be shown  via livestream on its Facebook page for those who can’t be there in person.

The debate lasts from 6:30-8 p.m. in the new auditorium on the Pope campus (3001 Hembree Road).

And like the previous debate on April 19, the second forum will include representatives of the Committee for East Cobb Cityhood and the East Cobb Alliance, which opposes the referendum.

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East Cobb Cityhood leader seeks to intervene in lawsuit

East Cobb Cityhood debate
Craig Chapin, president of the Committee for East Cobb Cityhood, is seeking to intervene in a lawsuit filed last week to stop or delay referendum.

There’s a new development in the lawsuit filed last week to stop the East Cobb Cityhood referendum on May 24.

On Monday Craig Chapin, the president of the Committee for East Cobb Cityhood, filed a motion to intervene as a defendant in the suit.

He’s also requesting consolidation of his complaint with similar motions filed in support of cityhood votes in Lost Mountain and Vinings, also on May 24.

Chapin has the same attorney who’s involved in the motions seeking interventions on behalf of the Lost Mountain and Vinings referendums.

Allen Lightcap, an attorney in Atlanta, has filed lawsuits to stop the East Cobb, Lost Mountain and Vinings referendums, challenging their constitutionality.

He said proposed city charters included in legislation that passed this year violate state home rule provisions regarding the provision of services by local governments.

Specifically, the suits say that the legislation in all three cases takes away the discretion of local governments to provide supplementary powers.

He said those powers can be enumerated only through general law applying to all local jurisdictions in the state and not via local law, which the three Cobb cityhood bills are.

In his motion (you can read it here) Chapin claims that East Cobb resident Colin Brady, a plaintiff in the lawsuit who is opposed to Cityhood, “seeks to use this Court as a tool in his efforts to suppress the right of East Cobb’s citizens to vote for the creation and charter” of a new city.

“The right to vote is a sacred and Constitutional right that that should be respected by all citizens and elected officials,” Chapin continued. “Unfortunately, [Brady] is actively seeking to deny this fundamental right to vote without any basis in law.”

While the lawsuit was filed against the Cobb Board of Registration and Elections, the motion claims that the county can’t be relied on to defend the suit “since Cobb County has engaged in a pattern and practice of conduct that is hostile to allowing an East Cobb referendum.”

Chapin’s motion continues by repeating claims that Cobb County officials are improperly using taxpayer funds and making misleading statements in their information sessions about Cityhood.

All three lawsuits have been assigned to Cobb Superior Court Chief Judge Robert Leonard.

Pro-Cityhood forces in Vinings and Lost Mountain, including State Rep. Ginny Ehrhart of West Cobb, have filed similar motions as Chapin to intervene and consolidate the legal actions.

Georgia Attorney General Chris Carr also has filed notices of interest (amici curiae) in all three suits. That means he’s not an official party, but is following their proceedings.

As of Wednesday, no hearing on any of the Cobb Cityhood lawsuits has been scheduled.

There’s one more scheduled East Cobb Cityhood debate, next Wednesday, May 4, at Pope High School.

It’s sold out for in-person attendance, but Blaine Hess of the Rotary Club of East Cobb, which is sponsoring the event, said it will be shown  via livestream on its Facebook page for those who can’t be there in person.

The debate lasts from 6:30-8 p.m. in the new auditorium on the Pope campus (3001 Hembree Road).

And like the previous debate on April 19, the second forum will include representatives of the Committee for East Cobb Cityhood and the East Cobb Alliance, which opposes the referendum.

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East Cobb real estate sales for the week of April 11, 2022

4340 Paper Mill Road, East Cobb real estate sales
Atlanta Country Club

The following deeds for residential East Cobb real estate sales were filed the week of April 11 with the Cobb Superior Court Clerk’s Office Real Estate Department.

The addresses include ZIP Codes and the subdivision names and high school districts are in parenthesis:

April 11

4870 Rockford Ridge Drive, 30066 (Greyson Ridge, Kell): William Morrill Jr. to Kylee and David Howard; $600,000

4531 High Rock Terrace, 30066 (Highland Pointe, Lassiter): Marc and Mary Kallaoun to Andrew and Kelsey Bunker; $785,000

1130 Blackwell Road, 30066 (Sprayberry): Chris Lucas to Orchard Homes III LLC; $750,000

3448 Windrige Road, 30066 (Blackwell, Sprayberry): Shaadie Khoury to OpenDoor Property Trust I; $357,000

838 Stansbury Drive, 30066 (Colleton Plantation, Sprayberry): Andrew Alicea to Nancy and Tarabay Fakhreddine; $495,000

3492 Princeton Corners Drive, 30062 (Princeton Corners, Walton): Joseph and Jessica Vicars to Kathryn and John Rainer; $700,000

3209 Royal Oak Drive, 30068 (Walton): Anthony Rintala to Rohan Kelkar; $1.95 million

2293 Collinworth Drive, 30062 (East Lake Ridge, Wheeler): Carol Jones to Uavechanichkul Jaed; $355,000

896 Fawn Way, 30068 (Fawn-Quail Ridge/Pinecrest): Roy & Rafie Homes LLC to Thomas Kalousek and Kaitlin Monson; $555,000

2313 Bent Pine Overlook (Spring Creek, Wheeler): Michael Henry to Olana Peavey and Timothy Daniel Jr., $450,000

249 East Valley Drive, 30067 (East Valley Estates, Wheeler): Jimmie Stockie to OpenDoor Property Trust; $458,000

April 12

4452 Inlet Road, 30075 (Lamplighter Cove, Kell): Ruby Clayton to Maty Juarez; $375,000

4484 South Landing Drive, 30066 (North Landing, Kell): James Michael Turner and Ariel Crooks to Steven Klenk; $390,000

4053 Longford Drive, 30066 (Longford, Kell): Dexter Huggins to Wallace and Tamara Fulmer; $401,000

4062 Wesley Chapel Road, 30062 (Lassiter): Douglas Dobbins to Erin and Luke Hayes; $520,000

4201 Manor House Drive, 30062 (Mar-Lanta, Pope): Jaclyn Loy to Donald and Kimberly Hartley; $471,000

1833 Tree Top Court, 30066 (Piedmont Bend, Sprayberry): Robert Busby to Jeffrey Linderman; $475,000

1775 Poinsettia Drive, 30062 (Hasty Acres, Sprayberry): Ian Woolworth to Robin Adele Reed; $475,000

865 Fox Hollow Parkway, 30068 (Fox Hollow, Walton): N-Rae LLC to Isabell and Jason Wells; $625,000

399 Lott Avenue, 30067 (Cloverdale Heights, Wheeler): Jordan Fernie to Jill and Andrew McTyre; $365,000

4340 Paper Mill Road, 30067 (Atlanta Country Club, Walton): 12 Bray LLC to Christal Bemont and Stephen Roberts; $4.7 million

April 13

4999 Turtle Rock Drive, 30066 (Turtle Rock, Lassiter): Torque System Co. Ltd. to Hyper Cat Co. Ltd.; $318,000

2020 Abode Way, 30066 (Courtyards at Ebenezer, Sprayberry): Traton LLC to Richard and Carole Glaser; $640,000

1312 Nantahala Trail, 30062 (Indian Ridge, Walton): Jing Xu to Marion and Melchor Gomeyac; $695,000

3312 Birchfield Court, 30068 (Indian Hills, Wheeler): Brandon Burnett to OpenDoor Property Trust; $550,800

April 14

3475 Cochran Shore Cove, 30062 (Cochran Lakes Shores, Lassiter): B.H. Cochran LLC to Bercher Homes LLC; $297,807

3479 Cochran Shore Cove, 30062 (Cochran Lakes Shores, Lassiter): B.H. Cochran LLC to Bercher Homes LLC; $297,807

2465 Castle Lane, 30062 (Newcastle, Pope): Timothy Burson to Paul Findlay; $464,000

3791 Lower Roswell Road, 30068 (Walton): LRMB Homes LLC to Sophie Tan and Xiang Ao; $935,000

171 Shadowlawn Road, 30068 (Fox Hills, Wheeler): Peter Wagner to OpenDoor Property Trust; $434,000

3558 Turtle Cove Court, 30067 (Dover Mitcham, Wheeler): Gleaves Daiquiri to Catherine and Lawrie Jordan; $650,000

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East Cobb/NE Cobb YMCAs to hold Healthy Kids Day festival

The McCleskey Family-East Cobb YMCA (1055 East Piedmont Road) and the Northeast Cobb YMCA (3010 Johnson Ferry Road) are taking part in the Healthy Kids Day Saturday.East Cobb YMCA Healthy Kids Day

The hours for the festival are from 10 a.m. to 1 p.m. at both locations. Activities include live DJ music, family yoga and Zumba demonstrations, water and swimming safety demonstrations, inflatables and obstacle courses, healthy refreshments and more.

At the McCleskey-East Cobb branch, there will be a grand opening of its Greenfields outdoor exercise area at 12 noon.

Admission is free, and the YMCAs also will be marking their own Community Day events with free access to facilities.

Members who join by Saturday will have their signup fee waived.

The YMCA of Metro Atlanta is partnering with Publix Super Markets Charities.

For more information about Healthy Kids Day, click here.

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Walton, Wheeler students receive National Merit scholarships

Two students each from Walton and Wheeler high schools in East Cobb have been named recipients of corporate-sponsored scholarships by the National Merit Scholarship Corporation.East Cobb National Merit Scholarship Program

The scholarships are provided by corporate organizations from a variety of industries and are awarded to the children of their employees or who are students who live in communities the companies serve or are planning to pursue college majors the sponsor encourages, according to an NMS release.

The specifics of each scholarship were not announced, but typically range between $1,000 and $10,000 for four years of undergraduate study. Recipients can use the funds at the college of their choice.

Neerav Ravirala of Walton, whose probable career field is molecular biology, was named the recipient of a Walgreen Co. scholarship.

Another Walton student, Franklin Zhao, has been awarded a Siemens scholarship with the intent of studying physics.

Pranav R. Devarinti of Wheeler is interested in the computer science field and is a recipient of an ADP Henry Taub Memorial Scholarship.

Also from Wheeler is Kyle Hampton, who will receive a General Dynamics Corp. scholarship with a probable career field in industrial design.

The National Merit Scholarship Corporation said the recipients were chosen after filling out an extensive application, presenting academic testing results, providing information about extracurricular and community activities and writing an essay.

More recipients will be announced later this spring, with an estimated 7,500 students receiving more than $28 million in scholarship aid.

The National Merit Scholarship program is in its 67th year. For more information click here.

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Summer session set for Cobb Citizens Public Safety Academy

A summer session of the Cobb Department of Public Safety’s Citizens Public Safety Academy will start in June.Cobb public safety appreciation

The 13-week program gives citizens an inside look at how the county’s public safety agencies operate, including police, fire, emergency 911 and animal services.

Some of the planned activities include tours of public safety agencies, demonstrations on firearms safety and defensive tactics, and taking part in the Cobb Fire Department’s special operations classes (Hazardous Materials, Heavy Rescue Squad, etc).

The first day of the session is June 8 at the Cobb Public Safety Police Academy (2435 East West Connector, Austell).

Participants must be at least 21 years old and either live in Cobb County or work for Cobb County government or the Cobb County School District.

Those applying must fill out a firm and undergo a background check. You can get an application in-person at the academy or receive it via e-mail by contacting Sgt. Verola at Victor.Verola@cobbcounty.org.

Completed applications must be delivered in-person at the Cobb Police Internal Affairs Department (545 S. Fairground St., Marietta). Applicants myst bring their driver’s license.

The deadline to apply is June 1.

For questions about Cobb County Citizens Public Safety Academy, contact the Police Academy at 770-499-4100.

 

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The Avenue East Cobb’s transformation swings into high gear

The Avenue East Cobb transformation
Lilac Wine, an Atlanta acoustic trio, is returning to The Avenue East Cobb’s Electric Avenue Friday concert series on May 27.

With warm sunshine splashing down on a glorious spring Friday evening, the easy rhythms of Lilac Wine reverberated from an impromptu stage.

The Atlanta acoustic trio covered popular tunes from the 1970s and later for a couple dozen onlookers at The Avenue East Cobb as part of the retail center’s Electric Avenue concert series.

Among them was a bluesy rendition of U2’s “Still Haven’t Found What I’m Looking For” that featured a bass solo.

Every Friday through October, local bands will be featured in what’s being called The Avenue’s Central Boulevard—the middle of the parking lot between the Kale Me Crazy eatery and the Banana Republic store.

It’s being envisioned as a permanent greenspace-style plaza surrounded by new restaurants with patios and retail shops, the heart of The Avenue’s reimagination that includes shopping, dining out and a growing array of entertainment activities.

Last summer, North American Properties—which developed the Avalon complex in Alpharetta and overhauled Colony Square and Atlantic Station in Midtown—entered into a joint partnership with present owners PGIM to manage the 23,000-square foot The Avenue, which opened on Roswell Road just east of Johnson Ferry Road in 1999 on the site of a former golf driving range.

Changes in the retail landscape and a desire to create a more dynamic lifestyle destination space prompted a dramatic conceptual revision.

The Avenue East Cobb transformation
A relaxing start to the weekend at the Electric Avenue concert.

In a recent interview with East Cobb News, NAP officials said they’ll soon be presenting site plan changes that need approval of the Cobb Board of Commissioners and going public with other details.

Four or five new restaurants are in the works, and some new retail tenants are expected to be signed soon, according to Brittni Johnson’s NAP’s public relations director.

In addition to Electric Avenue, the stage is the venue for a Comedy Live series featuring acts from the Punchline Comedy Club. A number of regular kids’ events have been added, and there are ongoing outdoor fitness and yoga classes at barre3, cooking workshops at the Olea Oliva store and cornhole leagues.

“Everyone feels it has all this potential to be tapped into,” said Sara Hemmer, NAP’s director of marketing.

PGIM was ramping up beyond some of its longstanding holiday-themed events when NAP signed on. At Avalon, NAP schedules more than 200 events a year.

But that’s a much larger facility than The Avenue, and the NAP team started with a Fall Fest and Halloween events and has built from there.

A first-ever Menorah lighting was a success, drawing several hundred attendees, and plans are to make that an annual event, along with Christmas-themed activities.

Initially, the plaza area was planned for the front of the mall. But Hemmer said there were some noise complaints from nearby residents following some of the concerts.

“That was another reason to move it to the middle,” Hemmer said.

The reconfigured location is in close proximity to nearby restaurants, and as Lilac Wine continued to play, a couple emerged from Stockyard Burgers & Bones, beers in hand (guests can bring their own food to stage events but not beverages).

The Avenue East Cobb transformation
A rebranded swag bag

The new Vanilla Café e Gelato coffee shop is also within earshot.

As the overhaul planning has continued, NAP has met with residents of the nearby Easthampton subdivision, as well as the East Cobb Civic Association.

Michael Saadaala, director of property operations at The Avenue, said that they don’t want the community to have any unexpected surprises as the final plans are presented.

NAP officials are scheduled to visit the retail center this week before those plans are formally submitted to the county. Hemmer said that barring delays, construction could begin by August, with completion in the first quarter of 2023.

Another key feature will be a valet and concierge service for those who want it. But it will be optional, and self-parking will still be available.

“For those who want to spend the money, they’re going to get the service,” said Saadaala, who spent 18 years in hospitality operations with the Four Seasons hotel and resort chain.

He’s part of a current NAP team onsite that has four people, but that could grow to around 15 once the valet and concierge services begin.

“They will be face and voice of our property,” Hemmer said in reference to the concierge staff. “They’ll be putting the hospitality component into our events.”

Another part of the overhaul that goes beyond bricks-and-mortar is a rebranding of The Avenue, including a new logo.

A branding design guide includes messaging such as “The Avenue is the shopping center known for being East Cobb’s every day adventure” and “East Cobb’s gathering spot to shop, eat and say hello.”

While some of the new concept is geared around drawing in families with younger children, the comedy shows are aimed at ages 13 and older.

The overall idea, Hemmer said, is to appeal to “everyone who is coming here,” noting that some of the more avid cornhole participants are empty-nesters.

“We want everyone to feel like there’s something here for them to enjoy.”

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East Cobb special election runoff early voting gets underway

Early voting takes place this week for a special election runoff to fill a Georgia House seat in East Cobb.Georgia runoff elections

Republican former legislator Mitchell Kaye and Democrat Dustin McCormick are vying to fill the remainder of former State Rep. Matt Dollar’s seat in District 45 through the end of the year.

The runoff was necessary after a “jungle” special election April 5 in which none of the four candidates got a majority of the vote.

Kaye got nearly 47 percent of the vote and McCormick had 38 percent.

Eligible voters in District 45 can vote in-person from 7 a.m. to 7 p.m. Monday-Friday at the East Cobb Government Service Center (4400 Lower Roswell Road).

The facility also is serving as an absentee ballot dropoff location, also during the hours stated above. The dropbox is located inside the building and will not be available after hours.

Absentee ballots also can be dropped off at the Cobb Elections Office Monday-Friday from 8 a.m. to 5 p.m. at 736 Whitlock Ave., Marietta.

There will be no early voting on Saturday; the final day of voting in the special election runoff will be from 7 a.m. to 7 p.m. Tuesday, May 3, at regular precincts.

The current District 45 includes some of East Cobb and a portion of North Fulton.

But the lines for the May 24 primary for the new District 45 will be different.

McCormick has qualified as the only Democrat; the Republican primary candidates are current District 43 State Rep. Sharon Cooper and Carminthia Moore.

Early voting for the primaries in all races in Cobb County starts next Monday, May 2.

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East Cobb Quilters’ Guild marks 40th year with special tour

East Cobb Quilters' Guild, Georgia Celebrates Quilts Show
A quilt on display at the Sewell Mill Library gallery in 2019.

The East Cobb Quilters’ Guild is partnering with the Cobb County Public Library System and the Arts Division of Cobb PARKS for a quilt tour that continues through early June.

The tour began April 14 at the Mable House Arts Center, and expands starting Thursday through May 28 at the gallery of the Sewell Mill Library and Cultural Center (2051 Lower Roswell Road).

The exhibit is called “Cabin Fever” and includes 25 challenge quilts from a competition among guild members.

The tour also will be at The Art Place (3332 Sandy Plains Road) from Friday through May 28. “Quilted Jewels,” a series of jewel-toned quilts made by members, will be featured.

An opening reception will take place Friday from 10 a.m. to 12 noon, and tickets will be available to win a “Rhapsody” raffle quilt.

There will be 15 jewel tone quilts to celebrate the 30th anniversary of The Art Place and the 40th (ruby) anniversary of the East Cobb Quilters’ Guild.

Several Cobb library branches will be displaying quilts starting Saturday through June 12, including East Cobb (4480 Lower Roswell Road) and Mountain View (3320 Sandy Plains Road).

Finally, a quilting extravaganza will take place June 9-11 at the Cobb Civic Center (548 S. Marietta Parkway) from 10 a.m. to 5 p.m. each day. While the other showings are free to the public, this one includes a $10 admission charge per person.

It’s part of the culminating Georgia Celebrates Quilts event, which is in its 18th year, and will feature more than 300 quilts.

Tickets to Georgia Celebrates Quilts be purchased at the door or online at www.georgiacelebratesquilts.com/tickets.

Raffle tickets for the quilt can be purchased at the show and online at https://georgiacelebratesquilts.ecqg.com/raffle-quilt-tickets/.

For more information about the East Cobb Quilters’ Guild tour, click here.

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Lassiter students honored in WaterSmart photography contest

Lassiter students WaterSmart photography contest
Photo by Molly Shugart, Lassiter High School

Seven students from Lassiter High School in East Cobb were among 11 high school students from around Cobb County named winners of the 3rd annual WaterSmart Photography Contest.

Lassiter students WaterSmart photography contest
Photo by Lilly Kowal, Lassiter High School

The contest, sponsored locally by the Cobb County Water System and the Cobb County-Marietta Water Authority, encourages young people and other citizens to learn about water conservation.

The winning Lassiter students are Haley Saulinskas, Hollis Weber, Jacob Haller, Laine Halloran, Lily Kowall, Madeleine Quinlan and Molly Shugart.

The photos were submitted in six categories:

  • Water at Play
  • Water at Work
  • Water in Nature
  • Water and People
  • Protecting Water
  • Conserving Water

The winning photos will be made into notecards and distributed around the county, according to a Cobb government release.

You can see all the winning entries by clicking here.

Lassiter students WaterSmart photography contest
Photo by Laine Halloran, Lassiter High School

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Cobb DA’s Office to observe National Crime Victims’ Week

The Cobb County District Attorney’s Office is taking part in National Crime Victims’ Week (April 24-30) with several events designed to raise awareness about the issues and rights of crime victims.Cobb DA Office National Crime Victims Week 2022

The DA’s Victim Witness Unit will commemorate the advancement of victims’ rights with the presentation of a homicide memorial, a social media campaign and an office-wide virtual 5K walk.

Local non-profits agencies that provide support services to victims also will be recognized, including LiveSafe Resources, Inc. and Safepath Children’s Advocacy Center.

LiveSafe Resources provides the only emergency shelter for victims of domestic violence in Cobb County.

 Safepath Children’s Advocacy Center works with with law enforcement to provide a comprehensive approach to allegations of child abuse.

For more information about National Crime Victims’ Week visit the DA’s website; contact the DA’s Victim Witness Unit at 770-528-3042 to assist with crime victims.

The national event is being organized by Office of Victims of Crime and the National Organization for Victim Assistance.

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Brumby ES principal retiring; Sprayberry HS architect approved

Brumby ES principal retiring
Brumby Principal Amanda Richie (in black dress) at the 2018 ribbon-cutting for the new school campus on Terrell Mill Road.

The Cobb County School District announced Thursday that longtime Brumby Elementary School principal Dr. Amanda Richie is retiring.

The district’s human resources officer, Keeli Bowen, said Richie’s retirement is effective July 1.

Richie’s successor will be Sanda Alford, currently an assistant principal at Pitner Elementary School and a former assistant principal at Dickerson Middle School.

The news was announced after the Cobb Board of Education held an executive session where personnel decisions are discussed.

During a Thursday night voting meeting, the board voted 7-0 to approve a contract for $3.4 million and hire CGLS Architects Inc. of Atlanta to design the new classroom building at Sprayberry High School.

Although the funding for the Sprayberry rebuild is coming from the Cobb Ed-SPLOST VI that begins in 2024, starting the architectural planning work now is necessary, district officials told the board.

Superintendent Chris Ragsdale said that the project will be similar to those at Wheeler and Osborne high schools, which were rebuilt in increments.

He also said starting right away makes sense given a current project at Sprayberry to construct a new gymnasium and a new CTAE (Career, Technology and Agricultural Education) facility.

The board also approved a request to issue a formal “closeout” of the Eastvalley Elementary School campus on Lower Road.

That facility will remain open while a replacement school is constructed on the former site of East Cobb Middle School on Holt Road.

But a closeout declaration needs to be submitted to the Georgia Department of Education before construction can begin, according to Chief Technology and Operations Director Marc Smith.

The board also recognized four wrestlers from East Cobb high schools who won state championships: David Panone, Lassiter (Boys 6A traditional 138 pounds); May Prado, Lassiter (Girls All-Classification traditional 132 pounds); Joey Robinson, Pope (Boys 6A traditional 160 pounds); and Zyan Hall, Wheeler (Boys 6A traditional 170 pounds).

Hall finished his senior season with a 26-0 record and will be attending the U.S. Naval Academy.

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Kell, Walton football teams to play in 2022 Corky Kell Classic

In what’s becoming an annual occurrence, the varsity football teams from Kell High School and Walton High School have been selected to compete in the 2022 Corky Kell Classic.Corky Kell Classic 2022

The season kickoff event, named after the late Wheeler High School coach, takes place at various locations from Aug. 17-20.

Kell is slated to play in the very first game on Aug. 17, at 5:30 p.m. against Cherokee Bluff in Johns Creek.

The Longhorns have been reclassified to Class 5A by the Georgia High School Association and have a new coach in Bobby May, who had been at Westlake High School in Atlanta.

Kell was 6-5 in 2021 and reached the first round of the state playoffs under former coach Brett Sloan, who resigned after five seasons. He is now the offensive coordinator at Collins Hill, the defending Class 7A state champion.

Walton Raiders once again has been chosen to play in Mercedez-Benz Stadium in downtown Atlanta. They’ll face Mill Creek at 4 p.m. on Aug. 20.

The Raiders reached the Class 7A semifinals in 2021.

The Corky Kell Classic features 32 teams and has added a spring jamboree in May that includes Marietta High School. Other Cobb teams taking part will be Kennesaw Mountain, and McEachern.

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Lawsuit filed to stop East Cobb Cityhood referendum

East Cobb traffic, Johnson Ferry at Roswell Road
The intersection of Roswell and Johnson Ferry roads would be in the heart of a City of East Cobb.

A lawsuit was filed in Cobb Superior Court Thursday trying to stop or delay a May 24 Cityhood referendum in East Cobb by the same attorney who’s making similar challenges in Lost Mountain and Vinings.

Atlanta attorney Allen Lightcap said he filed the suit on behalf of Colin Brady, a longtime East Cobb resident and retired businessman opposed to a new city being formed in the community.

(You can read the East Cobb lawsuit by clicking here.)

Like suits filed earlier this month regarding the Lost Mountain and Vinings referendums—also scheduled for May 24—the defendants are members of the Cobb Board of Registration and Elections and Director Janine Eveler.

And like the other two complaints, Lightcap said he would be seeking an emergency hearing given the timeliness of the referendums. The East Cobb case has been assigned to Chief Judge Robert Leonard, who also has been given the Lost Mountain and Vinings suits.

The East Cobb suit claims that the bill passed this session by the Georgia legislature is unconstitutional, violating state home rule provisions on four grounds.

Lightcap said that the General Assembly “may not limit or regulate a city’s home rule supplementary powers except by general law.”

The East Cobb bill, like the Lost Mountain and Vinings bills, he said, is a local law.

The East Cobb suit claims that the bill’s “unconstitutional defects go to the heart of the bill, and they cannot be severed without completely defeating the purpose of the law. . . .The voters should not be forced to vote for or against a proposed city whose charter is clearly unconstitutional.”

Specifically, the suit claims that the East Cobb bill, HB 841—which you can read here—unconstitutionally regulates how the proposed city can use its supplementary powers, including services to be provided.

Secondly, the lawsuit states, the legislation “takes away the proposed City of East Cobb’s discretion to use or not use some of its supplementary powers. Supplementary powers are purely discretionary for counties and municipalities; this discretion is constitutionally protected and cannot be abrogated by local law.”

The charter in the East Cobb legislation specifies five services to be provided—planning and zoning, code enforcement, police, fire and emergency services and parks and recreation.

New cities in Georgia are required to provide at least three services from a list of 14 services, but home rule provisions allow for a choice by the municipalities.

The East Cobb complaint said that city charter in the legislation also violates home rule law by capping the millage rate, something that cannot be done via a local law.

The suit also alleges that Cobb County’s home rule provisions would be unconstitutionally regulated during a two-year transition process if a city of East Cobb is created.

“This provision forces Cobb County—without regard to its own agency or discretion—to use its supplementary powers and provide services in the transition for the benefit of the City of East Cobb,” the lawsuit states.

The Committee for East Cobb Cityhood is denouncing the lawsuit, calling it a “last-second, copycat and desperate legal maneuver [that] is nothing more than a shameless attempt to stop the vote.”

Committee chairman Craig Chapin said in a statement that “opponents of Cityhood are hoping to legislate from the bench and block the citizens of East Cobb from having their voices heard in the May 24 Cityhood referendum. It has nothing to do with the actual merits of forming the City of East Cobb.”

Lightcap said last week he was not intending to be a part of a lawsuit to stop the East Cobb vote, but plans fell through for retaining another attorney.

He said there are no other plaintiffs. In Lost Mountain, the leader of a group opposing the referendum there, West Cobb Advocate, is the plaintiff.

But Lightcap said the East Cobb Alliance, the main group opposing cityhood here, is not involved in the suit he filed Thursday.

This story will be updated.

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Cobb schools FY ’23 budget includes ‘highest salary increase ever’

Cobb school budget record pay raise
Brad Johnson, the Chief Financial Officer of the Cobb County School District.

The Cobb County School District is presenting a proposed fiscal year 2023 budget of $1.4 billion that will include what Superintendent Chris Ragsdale said is the biggest salary increase for employees in district history.

At a Cobb Board of Education work session Thursday afternoon, Ragsdale made the announcement, saying the raises for full-time, non-temporary employees will range from between 8.5 percent and 13.1 percent.

The proposed budget was then presented by Chief Financial Officer Brad Johnson, who said the millage rate will we staying the same—18.9 mills.

The Cobb tax assessor is projecting that the county’s tax digest will grow by more than 10 percent in 2022.

Roughly half of the school district’s budget comes from local property taxes, and the state provides most of the rest through the Quality Basic Education Act.

The budget documents have been posted on the district’s website at this link.

The board adopted a tentative budget Thursday evening, but another public hearings will take place next month before the budget is formally adopted on May 19.

Ragsdale said the number of work days for teachers will be reduced to 187 days and salaried year-round employees will work 237 days.

Part of that is due to Juneteenth being a county and state holiday in June.

But Ragsdale said that there will “not be diminished pay to go with the diminished days.”

Ragsdale, who has been superintendent since 2015, added that this is the second time during his tenure that the district has proposed a record pay raise.

“That says a lot,” he said.

The 2022-23 budget takes effect on July 1.

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East Cobb Weekend Events: Pope Band; Book Sale; more

East Cobber parade, Pope Band community show

More community events are taking place as spring gets underway and COVID-19 measures are being phased out.

We’re back to compiling calendar listings in one handy place on our site (If you have events to share with the public, please e-mail: calendar@eastcobbnews.com and we will post them here) and we’ll round up weekend events on occasion.

This weekend’s events kick off on Thursday with a school festival—they’re coming back strong too! From 5-8 p.m. it’s the “Dragonpalooza” health fair at McCleskey Middle School (4080 Maybreeze Road) presented by the school’s physical education department.

Other activities include a student art show, a craft fair with local vendors and a silent auction. The public as well as the school community are invited; admission is free.

Friday marks the return of the Cobb Library Book Sale at the Cobb Civic Center (548 South Marietta Pkwy). Hours are 9-5 Friday and Saturday and 1-5 Sunday. Parking and admission are free, and you’re encouraged to load up on books for all ages in both hardcover and paperback, DVDs, Books on CD and audiocassette, and magazines.

Prices range from 10 cents to $4. Proceeds benefit the library system’s purchase of items for its 15 branches.

This is a big weekend for the Pope High School band programs. From 7-9 p.m. Friday and Saturday they’re having their XPlosion Show at the school’s performing arts center (3001 Hembree Road). Tickets are pre-sale only and available on GoFan—$10 for adults, $5 for students and $15 VIP seating.

In between, from 9 a.m. to 2 p.m. Saturday, it’s the Pope Band Recycling Fundraiser at the Northeast Cobb YMCA (3010 Johnson Ferry Road). Admission is $10 per vehicle, and they’ve put together a detailed list of what they will and won’t accept, and additional charges for specialty items.

The Good Mews Animal Foundation is having another of its Microchip and Vaccination Clinics Sunday from 10 a.m. to 4 p.m. at the shelter (3805 Robinson Road). Services for cats and dogs also include nail trims and appointments are required. Fees range from $10 to $25.

Also back, after a two-year absence, is the Taste of Marietta Festival. It’s from 11 a.m. to 7 p.m. Sunday on and around the Marietta Square. Admission is free, and food tickets will be on sale throughout the premises.

The event includes cooking demonstrations, and live musical performances.

 

 

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At East Cobb Cityhood debate, citizens asked to keep an open mind

East Cobb Cityhood debate
East Cobb Business Association president Brian Kramer introduces the representatives of the Cityhood debate at Olde Towne Athletic Club.

When a May 24 referendum on East Cobb Cityhood was called earlier this spring, John Beville said was undecided on how he might vote.

A resident of the proposed city of nearly 60,000 residents, Beville said he initially thought he could support voting in favor of a new municipality when “city light” legislation was introduced last year.

Unlike a previous East Cobb Cityhood effort, this one would be centered not around public safety services but planning and zoning as a means to preserve the suburban character of the community.

Even after a financial feasibility study was released last November that included police and fire services, Beville said he was riding the fence.

But after hearing arguments for and against Cityhood at an East Cobb Business Association debate Tuesday, Beville said he’ll likely vote no.

“There’s still a lot of information that has not been feathered out,” Beville, an ECBA member, said after the Olde Towne Athletic Club event. “You’re dealing with a lot of ‘what ifs.’ ”

A former banker and now a financial advisor, Beville said the Cityhood supporters “are trying to sell an emotional issue without a financial substantiation of that issue.

“I’ve been ambivalent all along, but there’s no way I can support this.”

Beville, wearing a button in support of Republican gubernatorial candidate David Perdue, said he’s not enamored with some of the Cobb zoning votes of the Democratic majority on the county commission.

But he thinks the East Cobb financial study, prepared by researchers at Georgia State University, doesn’t contain enough details for him about the costs of police and fire equipment, personnel and training.

Stressing local control

During the hour-long debate, moderated by EAST COBBER publisher Cynthia Rozzo, who asked predetermined questions, the Committee for East Cobb Cityhood and the East Cobb Alliance repeated familiar talking points they’ve been raising for the last few months.

Before the Q and A session began, Susan Hampton of the ECBA said to the audience that even “if you have already made up your mind, please listen to the other side. We’re all neighbors.”

East Cobb Cityhood debate
Cindy Cooperman and Craig Chapin of the Committee for East Cobb Cityhood.

The pro-Cityhood group stressed the need for development and growth to be handled at the truly local level. The East Cobb area, they noted, will have one commissioner for nearly 200,000 people who could be outvoted.

“What’s the future of East Cobb going to look like?” asked Cindy Cooperman of the Cityhood group.

In response to a later question, she said that “you have to look at the decisions have been made” regarding rezoning, density and growth elsewhere in Cobb.

“It’s just a matter of time” before the East Cobb area must confront that reality, Cooperman said. “Why not elect people who reflect you views and your values?”

Mindy Seger of the East Cobb Alliance, which opposes Cityhood, said that “We do love East Cobb just the way it is.”

She repeated the familiar claims that incorporating would create an extra layer of government, and that residents of a city would be paying more in taxes, as those living in Cobb’s existing six cities do.

And commissioners “are up for re-election. That’s where you can make that change.”

Questioning public safety

Both sides hashed out repeated positions on the quality of services provided by a city against the current county services.

Unlike the three other Cobb Cityhood referendums—Lost Mountain, Vinings and Mableton—East Cobb is providing police and fire.

At previous town hall meetings, Cobb officials have expressed concerns about increased response times.

Alliance representatives were eager to repeat them.

East Cobb Cityhood debate
Robert Lax and Mindy Seger of the East Cobb Alliance

“I’m most concerned about public safety services,” said Robert Lax of the East Cobb Alliance. “Those services are hard.”

He said the “aggressive assumptions” in the financial feasibility study “make it less difficult to provide the same quality.

“City light was what was proposed. Why are we taking heavyweight services here?”

The Alliance has said in previous public meetings that the Cityhood forces are underestimating the cost of acquiring public safety equipment beyond the state-approved $5,000 transfer of a fire station.

But Craig Chapin, chairman of the Cityhood committee, said that they’re “the top services that you can get in a smaller community.”

It’s part of a larger question Cityhood supporters have been asking during their campaign: “What’s your vision of East Cobb?”

Chapin said that Cobb government officials are “crystal clear” about proceeding with “the urbanization of our neighborhoods.”

He said he’s also confident that “we do not need to raise taxes to create a city.”

While East Cobb Alliance representatives poked holes in the feasibility study, Cooperman and Chapin said their questions are all contained in the report, including start-up costs and franchise fees.

But many of the details of the provisions of services and negotiations of intergovernmental agreements would be hammered out by a future East Cobb mayor and city council.

Should the Cityhood referendum pass, those elections would take place in November, followed by a two-year transition period to begin in January 2023.

East Cobb Cityhood debate
More than 200 citizens turned out for the debate at the Olde Towne Athletic Club.

Alleged developer ties

The debate remained relatively civil—with members of each side passing a microphone back and forth—until a question was asked about commercial real estate interests on the Cityhood side, and what their agendas may be.

During the 2109 Cityhood campaign, the Alliance noted that 11 of the 14 members of the Cityhood committee either were in the development industry or had connections to it.

“Those people are still around,” Seger said, adding that if a city is formed, pressure will mount to increase a City of East Cobb’s commercial tax base (the feasibility study said the proposed city has a tax base that is 90 percent residential).

Chapin took umbrage at the suggestion to “follow the money.

“That’s categorically false and a conspiracy theory,” he said with some emotion.

Cooperman was also visibly upset.

“This time it’s the sweat of this man [Chapin], myself and the committee members who have been doing it.

“What evidence do they have? Zero evidence,” said Cooperman, who like Chapin was not involved in the the 2109 Cityhood campaign.

Handing out flyers in support of Cityhood at the debate was Andy Smith, an Indian Hills resident and a former member of the Cobb Planning Commission who ran for the Cobb Board of Commissioners as a Republican in 2020.

Smith said while he understands the concerns about public safety services, East Cobb citizens need to be watching the kinds of zoning decisions that have been made in recent years in the county.

He referenced the East Cobb Church rezoning last year in the Johnson Ferry-Shallowford area, and specifically the residential component of the mixed-use project that generated community opposition.

While the community-focused idea of a church fits in with the JOSH Master Plan, Smith said, housing density at around five units an acre is out of line with the nearby community.

Smith applauded the work of his Planning Commission successor, Tony Waybright, in pushing for a site plan that lowered the density cap, but said in the future that kind of effort is no guarantee.

You can watch a recording of the debate by clicking here.

The Rotary Club of East Cobb is holding a similar debate on May 4 at Pope High School but that event is sold out for in-person attendance.

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Ex-business partner of murdered East Cobb man gets 20 years

Ross Byrne, Ex-business partner sentenced murder East Cobb man
Ross Byrne

A former bakery owner charged with plotting the murder of his former roommate and business partner in East Cobb more than eight years ago was sentenced this week to 20 years in prison.

Ross Byrne, 58, pleaded guilty in Cobb Superior Court on April 8 to charges of violating the RICO Act, conspiracy to commit concealing a death, conspiracy to commit hindering apprehension of a suspect, and criminal solicitation to commit murder, according to the Cobb District Attorney’s Office.

The Cobb DA said in a release Tuesday that the sentence was handed down by Judge Mary Staley Clark.

Byrne was arrested in 2018 for his role in the death of Jerry Moore, who was found stabbed to death 32 times in his home off Holly Springs Road in January 2014.

They were partners in The Best Dang Bakery Around in Woodstock and both lived together for a time at Moore’s East Cobb home.

Byrne was charged two weeks after Johnathan Wheeler, an employee at the bakery, was convicted of killing Moore and sentenced to two consecutive life terms without parole.

Byrne’s indictment alleged that he plotted the killing after Moore wanted out of the business partnership because the bakery was financially struggling.

Jerry Moore
Jerry Moore

According to Byrne’s indictment and testimony presented in court, Byrne—who had since moved elsewhere—helped clean blood from Wheeler’s clothes after the murder and kept items stolen from Moore’s home.

Prosecutors said after the murder, Byrne became the sole owner of the bakery, which opened on Highway 92 in Woodstock in 2008.

Byrne had denied knowing anything about the murder, but prosecutors claimed in court that after Wheeler’s trial, Byrne asked an inmate to kill Wheeler, fearful he would testify against him.

The DA’s office said that in entering his guilty plea, Byrne admitted his roles in both plotting Moore’s murder and in wanting Wheeler killed.

“Despite having introduced Jerry Moore to his killer, this defendant showed absolutely no remorse for Johnathan Wheeler’s vicious killing,” said Cobb Senior Assistant District Attorney Stephanie Green said in the statement, who prosecuted the Wheeler and Byrne cases.

Wheeler is serving his sentences at the Georgia Diagnostic and Classification State Prison in Jackson, according to the Georgia Department of Corrections.

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East Cobb real estate sales for the week of April 4, 2022

The Shoals at Murdock; East Cobb real estate sales
The Shoals at Murdock

The following deeds for residential East Cobb real estate sales were filed the week of April 4 with the Cobb Superior Court Clerk’s Office Real Estate Department.

The addresses include ZIP Codes and the subdivision names and high school districts are in parenthesis:

April 4

3203 Powder Mill Place, 30067 (Old Paper Mill, Wheeler): Ronald Mitchell to Johann and Chantelle Beyers; $775,000

3615 High Green Drive, 30068 (Indian Hills, Walton); Ujam Group LLC to Dorri Investment LLC; $531,000

1543 Murdock Road, 30062 (The Shoals at Murdock, Pope): William Alvarez to Vineet and Asha Fernandes; $1.2 million

4153 Avid Park, 30062 (East Haven, Walton): Gail Allen to George Patterson; $900,000

1503 Keener Lane, 30066 (Romans Ridge, Sprayberry): Lot One Homes of Georgia LLC to Ahmed Akbar & Khan Heba; $619,525

2236 Kristen Mill Drive, 30062 (Kristen Mill, Sprayberry): Kyung Joon and Ko Hee Song to Ricky and Christine Lee; $499,999

2390 Castle Lane, 30062 (Newcastle, Pope): Thomas and Emily Lavin to Plesnarski Michael & Jamey Jones; $666,500

2346 Milstead Cricle, 30066 (Landsdowne, Sprayberry): Purchasing Fund 2020-1 LLC to Jordan Ghoreishi; $440,320

3847 Bluffview Drive, 30062 (Creekside Bluffs, Lassiter): John Levine to Stephen and Sarah Nottke; $400,000

April 5

546 Virginia Place, 30067 (Meadow Brook, Wheeler): Jack Gentry Jr. to Hayley Adamson and Cody Stepp; $300,000

3354 Alexis Court, 30066 (Carrington Place, Sprayberry): Trevor Tucker to Open Door Property Trust; $374,400

3843 Bluffview Drive, 30062 (Creekside Bluffs, Lassiter): James Regan to I&G SFR II Borrower LLC; $398,000

3343 River Birch Way, 30062 (Chimney Lakes, Lassiter): Robert Badircu to Jonathan Rice and Koszarek; $605,000

1412 Highland Bluff Drive, 30339 (Highlands at Akers Mill; Wheeler): Christopher Ross to Michael Mahroum: $205,000

April 6

2856 Goldfinch Circle, 30066 (Woodrush Court, Sprayberry): Estate of Susan Spencer to Shashee and Jyoti Jyoshi; $520,000

2268 Murdock Road, 30062 (Walton): David White to SFR Acquisitions 2 LLC; $489,000

362 Cove Island Way, 30067 (Kings Cove, Walton): Dynamis Investment LLC to Eric Mason and Rebecca Fath; $610,000

140 Dickerson Road, 30067 (Walton): Jonna Carson to Ryan Lees; $870,000

1637 Raleigh Circle, 30067 (Bentley Ridge, Wheeler): Steven Johnston to Marion Kelly; $235,000

April 7

4997 Bedell Road, 30075 (Bernham Woods, Lassiter): Kim Chi Nguyen to Eric de Leon Sandoval; $385,000

885 Trace Circle, 30066 (Highland Trace, Kell): Yunxia Lu to Olympus Borrower LLC; $310,000

April 8

405 Millbrook Trace, 30068 (Millbrook Farm, Wheeler): Temison Leonis to Open Door Property Trust; $551,900

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Sprayberry HS rebuild architectural plans to be considered

The first step toward the rebuild of the main Sprayberry High School classroom facilities comes before the Cobb Board of Education Thursday.Cobb County School District, Cobb schools dual enrollment summit

It’s a proposal to hire an architect to design the reconstruction, which includes other upgrades and renovations.

The Cobb County School District is recommending that a $3.464 million contract be awarded to CGLS Architects Inc. of Atlanta.

According to an agenda item, that amount is 5 percent of the estimated cost of the rebuild, which was earmarked as a major project on the Cobb Ed-SPLOST VI list.

The extension of the sales tax for school facilities and maintenance projects was approved by Cobb voters last November, and collections begin in January 2024.

The rebuild is part of a larger renovation project underway at Sprayberry that currently includes the construction of a new main gymnasium and renovations to the school’s CTAE (Career, Technology and Agricultural Education) facility.

That roughly $20 million project is being funded with SPLOST V revenues and is expected to be completed in 2023.

The school board will be presented with the rebuild architectural proposal at a work session that begins at 2 p.m. Tuesday. There also is a board business meeting where it is expected to be voted on starting at 7 p.m.

The meetings will take place the board room of the Cobb County School District central office (514 Glover St., Marietta).

Agendas for the board work session and business meeting can be found here. The meetings also will be live-streamed on the district’s BoxCast channel and on CobbEdTV, Comcast Channel 24.

The board also will have an executive session between the meetings.

At 6:30 p.m., the board also will conduct a public hearing on the proposed fiscal year 2023 budget. The board will be presented with the proposal at the work session, and the hearing also will be livestreamed.

Also on the school board’s agenda for Thursday is a request for formalized the phase-out of the current campus of Eastvalley Elementary.

A new facility is being built on the former campus of East Cobb Middle School on Holt Road, and the state requires old campuses to be phased out.

At the 7 p.m. meeting on Thursday, the board will recognize student-athletes who recently won Georgia state championships, including David Panone and May Prado, Lassiter wrestlers; Joey Robinson, a Pope wrestler; and Zyan Hall, a Wheeler wrestler.

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