East Cobb News

Ebenezer Road subdivision approved by Cobb commissioners

October 20, 2021 2:53 PM by Wendy Parker

Ebenezer Road subdivision approved

The Cobb Board of Commissioners approved a 92-home subdivision on Ebenezer Road Tuesday after several days.

Some changes were made by the developer, Pulte Homes, after being held last month. Commissioners voted 5-0 to approve that number of homes, with additional provisions.

Pulte maintained its request for 92 homes on nearly 50 acres, but added a viewshed protection plan to address concerns from nearby residents of major stormwater runoff.

The revised site plan is here; and here is the stipulation letter from Rod Hosack of Taylor English Decisions, Pulte’s representative.

Hosack, a former Cobb County Manager and head of the Cobb community development agency, said the density of 1.96 units per acre was consistent with nearby subdivisions.

John Steutzer, a nearby resident, said while he and other neighbors are pleased with an R-15 rezoning request, 92 homes is “too dense for the area,” and suggested a limit of 85 homes.

He also said the lot sizes were not “buildable” enough and the proposed home sizes were too small, and urged that they be at least 3,000 square feet.

They also wanted more buffer, berm, landscaping, architectural, traffic and stormwater management changes.

While Pulte proposed a four-way stop at Ebenezer and Maybreeze, Steutzer said the traffic stemming from a 92-home subdivision was sufficient to require a roundabout, and said the neighbors want a signaled crosswalk for children using nearby schools.

He requested a delay or denial of the request. Commissioner JoAnn Birrell, whose District 3 includes the Ebenezer Road property, made a motion to approve the 92 homes with several stipulations, including a 35 percent maximum of impervious surfaces on all lots.

She also included the 3,000-square foot minimum for home sizes in her motion.

Ebenezer Road subdivision approved — *Cobb commissioner JoAnn Birrell*

Veronica Lilly, who lives on nearby Catalina Court and spoke to commissioners last month with stormwater concerns, got emotional in asking for a delay on development so the county can upgrade its stormwater services.

She referenced recent flooding that prompted a virtual town hall last week by Cobb commissioner Jerica Richardson, and a declaration of a disaster by the U.S. Small Business Association resulting in a loan program.

“An SBA loan is not a fix,” Lilly said. The Pulte Homes project has two lakes and a creek, she said, “that affect many people downstream. Could this be the reason why I have a sinkhole on my property? Maybe.”

Birrell asked county stormwater officials to work with the developer to resolve issues during plan review regarding a lake that currently is owned by private residents.

She also said that final landscaping and buffer determinations should come back for her approval.

“A lot of this will be done in plan review and will be looked at by all of us when it’s final,” Birrell said.

Special Needs Cobb golf tournament fundraiser nets $45K

October 20, 2021 1:47 PMOctober 20, 2021 11:46 AM by Wendy Parker

Special Needs Cobb fundraiser

Submitted information:

Special Needs Cobb, a local non-profit that provides respite, residential and resources for special needs people and their families, hosted its 23rd annual Golf Invitational fundraiser on Oct. 11, 2021, at Dogwood Golf Club in Austell, Ga. The organization raised nearly $45,000, a first-time record for them.

The golf invitational is the organization’s largest fundraiser of the year, and it was unfortunately cancelled last year for the first time in more than two decades due to COVID-19. The impact to the organization was multiplied as SNC closed Cobb’s only facilities-based weekend respite house during the pandemic, eliminating the fees that typically support much-needed operational expenses.

“The funds we raise at the annual Golf Invitational are used to maintain and operate our weekend respite program, which is dedicated to special needs children and adults, as well as our 23 adult group homes,” said Debbie Day, executive director. “Our service and reach in Cobb County is unique. Up to 40 percent of our residents are orphans or have no family connection, and the work we do ensures they have a safe, loving home right in the community.”

The “Play Your Way, Golf All Day” event ran from 8 a.m. to 7 p.m. with food, prizes, a raffle and goody bags provided. Sponsors included Cobb EMC Foundation, Butler Creek Animal Hospital, Nadler Biernath: Special Needs and Elder Law, Alterman Commercial Real Estate, Robert McLean DDS, Blad & Associates, WatchtheDeer.com and more than 20 hole sponsors.

In addition to money raised for Resources, Respite and Residential services in Cobb County, the golf fundraiser attracted 100 new donors, 72 golfers and 105 attendees. Approximately $10,000 in prizes were awarded.

Special Needs Cobb fundraiser

Chattahoochee Nature Center to resume Halloween Hikes

October 20, 2021 1:40 PMOctober 20, 2021 8:35 AM by Wendy Parker

Chattahoochee Nature Center Halloween Hikes

Submitted information:

Back for its 36th year, for 4 nights only, Halloween Hikes at the Chattahoochee Nature Center provides the perfect non-scary family-friendly holiday event, October 22, 23, and 29, 30 starting at 6PM.

A unique Halloween adventure that will take your child on a well-lit hike through the forest to meet woodland creatures and hear about how they live. Halloween Hikes lets guests connect with nature and experience the mystery of a guided night hike.

Meet costumed characters including everyone’s favorites, the Box Turtle, Red-tailed Hawk, Barred Owl, and Kingfisher during a ~45-minute hike. Each character tells its audience about itself and its place in the Chattahoochee River watershed.

Along with the hikes, there is plenty of fun Halloween happenings during the nights. Wear your costume and join CNC for games, campfire, music, wildlife encounters, and family fun. Camp Kingfisher will have s’more set-ups available for purchase to support the Camp K scholarship fund.

“Halloween Hikes connects people of all ages to nature by experiencing a guided night hike and learning about the Chattahoochee River watershed,” said Tamara Kinmon, Events Director at CNC. “It is so much fun to meet families who have been coming to Halloween Hikes for multiple generations making it a fall tradition. They cannot wait to see their favorite character on the trail!”

CNC has added hike times and reduced the size of the timed group hike to 10 people. Additional center-wide policies and procedures have been implemented to offer the safest and best experience possible.

Advanced ticket sales online starting October 8. CNC members will be able to purchase tickets during the presale starting October 1. Purchasing tickets ahead of time will allow families to select the hike time that works best for them.

For more information on Halloween Hikes, visit https://www.chattnaturecenter.org/special-events/halloween-hikes/.

Please note: There is local construction in the area and the Chattahoochee Nature Center can only be accessed from the east near Azalea Drive. CNC is open during construction and we can’t wait to see visitors this fall. For more information, please visit https://www.chattnaturecenter.org/visit/.

Cobb commissioners approve East Cobb Church rezoning request

October 20, 2021 1:53 PMOctober 19, 2021 11:19 AM by Wendy Parker

East Cobb Church rezoning approved — *North Point Ministries attorney Kevin Moore points to the latest site plan at Tuesday’s Cobb Board of Commissioners hearing.*

By a 3-1 vote, the Cobb Board of Commissioners on Tuesday approved the North Point Ministries rezoning request for a mixed-use development.

The vote comes 10 months after it was first considered, and after nearly two dozen site plans and other revisions were submitted.

The 33-acre assemblage at the southwest corner of Shallowford and Johnson Ferry roads will include the East Cobb Church, some retail space and 95 high-density residential units.

That figure was part of the latest site plan, filed last week by North Point, but which hadn’t been formally presented to the community.

Another major revision was to restore access from Johnson Ferry to the Waterfront and MarLanta subdivisions along a relocated Waterfront Drive, but without cut-through access from the new residential community.

Cobb commissioner Jerica Richardson, whose District 2 includes the Johnson Ferry-Shallowford area, made as part of her motion to approve the rezoning the creation of a three-member “JOSH” community advisory group that would be included in site plan review.

Two of those individuals, resident Ruth Michels of the MarLanta subdivision and former Cobb commissioner Thea Powell of Chimney Lakes, spoke in opposition to the rezoning.

“We’re at a loss for words,” Michels said, calling the further revised site plan “completely inappropriate.”

She said the last-minute changes show that “the applicant isn’t listening to and working with the community.”

Michels said she wondered whether the rezoning would have been considered at all had it not been made by a religious organization.

Questions over density, traffic and stormwater runoff have dogged the application from the beginning. A total of 95 people, in person and watching virtually, were counted as being opposed, with 54 in support.

The residential portion of the new site plan would include 44 townhomes and 51 single-family detached homes under the RA-5 category.

North Point will sell off the 20.6 acres for the residential development to Ashwood Atlanta. The property owners, Bill and Lynn Hanna of East Cobb, have wanted to sell off all the land at once, and not in segments.

Kevin Moore, the North Point attorney, said that “we do believe that this strikes the proper balance,” and noted that there were fewer townhomes than detached homes, when in earlier site plans that mix was the other way around.

The Waterfront Drive access would be limited to those living in nearby subdivisions, with cut-through mitigation elements to be determined in site plan review, according to Richardson’s motion.

That intersection currently includes a traffic light at Johnson Ferry and the entrance to the Shallowford Falls shopping center.

She also included a provision that exit access from the new development onto Johnson Ferry be right-turn only, meaning southbound.

In addition, the limit of impervious surfaces on the residential area would be capped at 40 percent, down from an estimated 45 percent proposed in a North Point stipulation letter submitted last week.

Richardson’s motion also limits density in the residential portion to five units an acre. She also said that revisions to the church plans (under the low-rise office category) and the retail portion (neighborhood activity center zoning) could be brought back to commissioners.

Voting against the rezoning was commissioner Keli Gambrill of North Cobb, who called the last minute changes “speculative” and objected to having to vote on a case that staff hadn’t had time to examine.

Gambrill wondered why residential revisions couldn’t also be brought back, since that’s been the most controversial portion of the rezoning case.

She noted that in September, North Point was proposing private roads in the residential community, which would have allowed for greater lot sizes, but wasn’t sure if that was the case now.

“What is the lot size we are looking at?” asked Gambrill, who said that “I’m very surprised at how this is being handled.”

Cobb Commission Chairwoman Lisa Cupid recused herself from the vote, due to a conflict of interest (a family member attends another North Point church).

After the vote, nearby resident Rachel Bruce said the commission’s decision to pass a site plan proposed at the hearing “sets a dangerous precedent for our area that will allow developers to do this over and over again.

“It is clear we need to vote in favor in the 2022 midterms [a] Cityhood vote to protect East Cobb’s interests and ensure we have a zoning board that listens to its taxpayers,” she said in a message e-mailed to East Cobb News.

East Cobb Church also posted a pre-recorded message from Pastor Jamey Dickens on its Facebook page, saying “WE DID IT!”

In his comments (you can watch them here), Dickens made several references to home. Since its inception in 2019, East Cobb Church has been holding services at Eastside Baptist Church.

“We’ve been dreaming of a home, not just to go but, but to launch from, into the community, on a mission to love, where we live,” he said, standing on the property where the 125,000-square foot church will be built.

Walton, Wheeler lead Cobb schools in 2021 ACT scores

October 19, 2021 10:24 AMOctober 19, 2021 9:34 AM by Wendy Parker

Walton High School

Students at Walton and Wheeler high schools in East Cobb had the highest composite scores in the ACT in the Cobb County School District for 2021.

The district sent out a release Tuesday morning saying that Walton students in the Class of 2021 had an ACT composite of 27.6 and Wheeler students were at 27.1.

The overall Cobb school district’s composite score was 24.3 across 16 high schools, higher than the Georgia average of 22.6 and the national average of 20.3.

The Cobb score is 1.1 percent higher than 2020. The district explained how the ACT works:

“The composite ACT score is based on curriculum-based tests in English, math, reading, and science. Cobb students scored 24.0 in English, 23.7 in math, 25.1 in reading, and 23.9 in science – all above the Georgia and national averages.”

The district statement said that Wheeler students had two-point gains in English, reading, math and science over 2020, and Sprayberry students scored 2.3 percent higher in science in 2021 from the previous year.

There were 15 students with perfect individual composite scores of 36 on the ACT. Four graduated from Wheeler, two from Lassiter and one each were from Pope and Sprayberry.

More from the district release; here are the ACT breakdowns at the six East Cobb high schools. The number in parenthesis next to the school name is the number of students at that school taking the test:

	Avg. Composite	Avg. English	Avg. Math	Avg. Reading	Avg. Science
Kell (79)	21.7	20.6	21.3	22.3	22.1
Lassiter (194))	25.5	25.2	25.2	26.3	24.8
Pope (180)	25.6	26.0	25.2	26.3	24.7
Sprayberry (52)	22.5	22.2	21.2	23.2	22.8
Walton (300)	27.6	28.1	27.0	28.0	27.0
Wheeler (107)	27.1	27.1	26.6	27.7	26.7

Cobb Republican Party opposes East Cobb Church rezoning

October 19, 2021 10:13 AMOctober 18, 2021 4:49 PM by Wendy Parker

Political parties at the local level don’t often get involved in what are typically non-partisan issues, especially zoning cases.

But the Cobb Republican Party has come out in opposition to the North Point Ministries/East Cobb Church rezoning case, which is being heard again by the Cobb Board of Commissioners on Tuesday.

In a statement issued over the weekend on its Facebook page, the Cobb GOP said while it wasn’t against the church, the “density and intensity of this over-reaching zoning is a deal breaker.”

(UPDATE: This post appears to have been deleted or is not available to the general public. Here’s an archived version.)

Like much of the opposition that has formed against the proposed mixed-use project at Johnson Ferry and Shallowford roads, that’s a reference to the residential portion of the assembled 33 acres.

North Point last week submitted yet another site plan, and is now asking for 44 townhomes and 51 single-family detached homes.

“They are using flood plain in the density calculation to make it appear there are only 5.37 homes per acre, knowing there is already down stream flooding,” says the Cobb GOP message, which urges its followers to contact the two Republican commissioners, JoAnn Birrell and Keli Gambrill, in particular and tell them to vote no.

At the September zoning hearing, Democratic commissioner Jerica Richardson of District 2 asked to hold the case when traffic, density and stormwater issues were renewed. “Jerica needs one of their votes for this to pass as Chairwoman Cupid has recused herself,” the Cobb Republican message states.

In recent weeks, the Cobb Democratic Party has been holding forums about municipal elections in Cobb County, which are non-partisan. They’ve invited candidates running in Acworth and Kennesaw and the party has been canvassing for unspecified candidates in Marietta, where voting for city council and school board races is continuing through the Nov. 2 elections.

From a Sept. 30 social media message that was also repeated last week:

“All politics is local and it doesn’t get more local than City Council elections. Let’s build those true blue grassroots by electing some local officials that represent our values. Blue from the bottom-up.”

Otherwise, both local major political parties have stuck to internecine and boilerplate partisan matters.

The Cobb GOP passed a resolution censuring Gov. Brian Kemp, prompting the resignation of former chairman Jason Shepherd from the county committee. The Cobb Young Republicans then denounced the censure.

Cobb Democrats have been sounding off on the GOP-led Cobb Board of Education, most recently blistering chairman Randy Scamihorn for an anti-Semitism resolution passed without input from the three Democrats on the school board.

How to Do Business With Cobb to hold virtual ‘Lunch-N-Learn’

October 18, 2021 3:55 PMOctober 18, 2021 12:50 PM by Wendy Parker

Submitted information:

Cobb County Purchasing Department and Department of Public Safety – E911 Emergency Communications Center will be hosting a “How to Do Business with Cobb County Government” webinar.

This month’s free informational webinar info session will highlight E911 Emergency Communications Center.

Event number: 2303 438 4635
Event password: COBB

Audio conference information

+1-415-655-0003 U.S. Toll
Global call-in numbers

Join from a video system or application

23034384635@cobbcounty.webex.com
You can also dial 173.243.2.68 and enter your meeting number.

Please note: this is a virtual event and not being held at a physical location.

Attend the Event via WebEx by clicking here.

Meeting ID: 2303 438 4635

Akers Mill Road ramp groundbreaking kicks off $44M project

October 18, 2021 9:54 AM by Wendy Parker

Akers Mill Road ramp groundbreaking

Submitted information and photos:

The Cumberland Community Improvement District and the Georgia Department of Transportation held a groundbreaking ceremony for a new access ramp to the Northwest Corridor Express Lanes.

The new ramp begins at Akers Mill Road and is the newest of 12 access points for the express lanes. This particular project will provide an exit for the southbound express lanes in the morning and as a northbound entrance ramp in the evening. It is expected to substantially improve regional mobility and will continue to provide travel time savings.

The Cumberland CID and its state, regional and county partners, including Georgia Department of Transportation, State Road & Tollway Authority, Atlanta Regional Commission and Cobb County each committed significant funding for the completion of the Akers Mill Ramp Phase II project, and the INFRA grant from the U.S. Department of Transportation completes the final funding needed for the project.

This Akers Mill Ramp represents a true public-private partnership. The leadership of Cobb County’s Congressional delegation to advance this project reflects their support for vital transportation projects that positively impact the residents of Cobb County and the greater Atlanta region.

For more information click here.

Akers Mill Road ramp groundbreaking — *Georgia Gov. Brian Kemp*

Freddy’s Steakburgers opens on Sandy Plains after ribbon-cutting

October 18, 2021 7:01 AM by Wendy Parker

Freddy's opens Sandy Plains Road

Occupying a former Burger King on Sandy Plains Road is Freddy’s Frozen Custard and Steakburgers, which had a ribbon-cutting and official opening on Friday.

It’s located at 2716 Sandy Plains Road, on an outparcel in front of the Sprayberry Crossing Shopping Center. The restaurant is 2,614 square feet, seating 72 guests and has additional seating on the patio.

Hours are 10:30 a.m. to 10 p.m. Sunday through Thursday and 10:30 a.m. to 11 p.m. Friday and Saturday.

For more information, click here.

Cobb superintendent defends Ed-SPLOST funding distribution

October 16, 2021 6:03 PMOctober 16, 2021 4:42 PM by Wendy Parker

Cobb Education SPLOST critics — *A Cobb school district graphic shows how SPLOST funds have been distributed by school board post.*

During a Cobb Board of Education meeting Thursday night, school superintendent Chris Ragsdale took issue with criticism of how Education SPLOST funds have been distributed across the county.

Early voting began Monday in a Cobb Education SPLOST VI referendum that would extend the one-percent sales tax for school construction, maintenance and technology from 2024-28.

That extension, if approved, would provide nearly $900 million for the Cobb County School District and Marietta City Schools.

The Education SPLOST (Special-Purpose Local-Option Sales Tax) began in 1999 and has been extended by voters ever since. The current SPLOST V expires Dec. 31, 2023, and is expected to collect nearly $800 million.

At a SPLOST virtual town hall earlier this week held by the Mableton Improvement Coalition, there were complaints that some parts of Cobb County were being left behind in SPLOST funding.

“I truly do not understand how anyone in due conscience can propagate such a false narrative,” he said. “I need to present data to show a true and accurate picture of SPLOST. Some continue to push the idea that only certain schools or areas of Cobb get the majority of SPLOST funding.”

Ragsdale then showed a pie chart illustrating how SPLOST revenues from the first five sales tax collections have been distributed, according to school board post (above).

Although dollar figures were not provided, the chart showed that Post 2 (Smyrna/South Cobb), Post 1 (North/West Cobb), Post 6 (Part of East Cobb/Cumberland) and Post 3 (South Cobb/Mableton/Austell) have had the highest percentages.

The other two East Cobb-area posts, 4 and 5, and Post 7 (West Cobb/Powder Springs) had the lowest percentages, at around 10 percent each.

“Cobb has always provided SPLOST funds to the areas of greatest need,” Ragsdale said, reading from prepared remarks. “Those areas change over time. . . . When those needs change, that’s where the funding will be provided as well.”

Ragsdale did not respond to citizens who spoke earlier in the meeting that they were opposing SPLOST because they think the Cobb school district isn’t doing a good job handling the money.

Among the critics is Heather Tolley-Bauer, an East Cobb resident and a co-founder of Watching the Funds, a citizen watchdog group that’s been tracking Cobb school district finances since late last year.

The group (we profiled WTF in July) has been critical of district spending on COVID-19 safety measures, as well as the AlertPoint emergency system that has malfunctioned.

Her message was “No Accountability, No SPLOST.”

“In the past I’ve voted yes, but as a parent and an advocate for fiscal responsibility in our schools this year I will vote no,” Tolley-Bauer said during a public comment session. “And I am not alone.

“Because of the actions of this board, we have no confidence in you. . . . Why have you neglected your fiduciary responsibility to us?”

Later Thursday, the school district posted the pie chart on its Facebook page but faced more criticism from voters who made similar complaints.

Some wanted to know more details of how the district has been spending federal money designated for COVID-19 recovery, and the district linked to a Georgia Department of Education page with related information.

That didn’t satisfy some citizens, including one who wrote “Clean house, CCSD leadership and I, along with a large number, will happily vote for this 2024 SPLOST.”

Those responses have concerned parents who are advocating for SPLOST VI, which includes a rebuild of the main campus building at Sprayberry High School (full list of projects here).

They’re having a community meeting on Tuesday at 6:30 p.m. at the school (2525 Sandy Plains Road) to go over the proposed rebuild, as well as newly approved projects for a new Sprayberry gym and renovations to the school’s career training facility.

Shane Spink, a leader of the Sprayberry rebuild effort, has continued to counter current criticisms by saying that the “Ed-SPLOST is not about the curriculum or school board policies. The Ed-SPLOST is not partisan. The project list for Cobb County School District reaches across party lines of the school boards and each and every Cobb County School gets improvements through this.”

Cobb libraries offer Georgia Park Pass Kits for fall foliage

October 16, 2021 3:48 PMOctober 16, 2021 11:11 AM by Wendy Parker

Fort Mountain State Park, Georgia Park Pass Kit — *Fort Mountain State Park, Chatsworth. Photo: Georgia Department of Natural Resources*

Submitted information:

Autumn’s color changes are rolling through northern Georgia over the next few weeks.
You can see the leaves using the Park Pass Kit offered at Cobb libraries.

The kits are provided through the partnership of Georgia Department of Natural Resources and Georgia Public Library Service.

Place a hold for a pass for free parking to more than 60 State Parks and a pass for free admission for up to 2 visitors to any Georgia Natural Resources Site.

Be sure to check availability in the CCPL catalog under “Park Pass” or by calling your Cobb library.

More Fall Foliage Resources:

Georgia State Parks: gastateparks.org/LeafWatch#top10

The 2021 Fall Foliage Prediction Map: smokymountains.com/fall-foliage-map/

Zoning update: More East Cobb Church, Ebenezer Road changes

October 16, 2021 4:03 PMOctober 15, 2021 5:45 PM by Wendy Parker

East Cobb Church rezoning changes — *The latest site plan by North Point Ministries changes the residential mix and reinstates Waterfront Drive access to nearby neighborhoods. For a larger view **click here**.*

As happened in September, North Point Ministries has filed yet another site plan and stipulation letter for its rezoning request for a church/residential/retail complex that goes before the Cobb Board of Commissioners Tuesday.

Pulte Homes has done the same with a subdivision proposal on Ebenezer Road that’s also been delayed multiple times.

In a 21-page letter sent to the Cobb Zoning Office on Wednesday, North Point attorney Kevin Moore announced new totals for the controversial residential portion of the proposed development at Johnson Ferry and Shallowford roads, and reintroduced access to nearby neighborhoods via Waterfront Drive that had been removed last month.

In his letter (you can read it here), Moore said the new proposal calls for 63 townhomes and 49 single-family detached homes. At the September commissioners’ hearing (our story here), those figures were 44 and 51 respectively.

The request has switched back to seeking RA-6 rezoning for the residential units after being at RA-5 last month, and a corresponding increase in density, from 4.98 units an acre to 5.37.

The Waterfront Drive access from Johnson Ferry will also connect with the adjacent Waterfront neighborhood, which had been another major point of contention at the September hearing.

Commissioners voted to hold the case due to density and traffic complaints made by nearby residents, as well as the East Cobb Civic Association.

The changes aren’t likely to change the minds of opponents, who’ve said the mixed-use development is too intense for the area.

There are also stormwater issues that would remain uncertain should the application be approved. A federal floodplain study would be done after that, which could affect the number of residential units.

Also complicating the matter is Cobb Commission Chairwoman Lisa Cupid’s recusal from the case, citing a family member who attends another North Point Church, and leaving the decision to her four colleagues.

In the Ebenezer Road case, Pulte Home is keeping its request for 92 homes on nearly 50 acres, but has added a viewshed protection plan to address concerns from nearby residents of major stormwater runoff.

The revised site plan is here; and here is the stipulation letter from Rod Hosack of Taylor English, Pulte’s representative.

As happened in September, the commissioners will hear Tuesday’s cases in two separate sessions.

The North Point case will be the first after the consent agenda (summary here; more details here) in the morning session, which starts at 9 a.m.

The Pulte case will lead off the afternoon session, with an unspecified starting time.

The full agenda can be found here; the zoning hearing will take place in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta).

COVID-19 protocols are being followed, including mandatory masks and a limit on in-person attendance due to social-distancing.

The hearing also will be live-streamed on the county’s website, cable TV channel (Channel 24 on Comcast) and Youtube page. Visit cobbcounty.org/CobbTV for other streaming options.

Judge denies restraining order in Cobb schools mask lawsuit

October 15, 2021 4:37 PM by Wendy Parker

A federal judge has sided with the Cobb County School District in denying a temporary restraining order and a preliminary injunction sought by parents who’ve filed a lawsuit over the district’s COVID-19 policies.

They’ve alleged their medically fragile students are being denied a proper in-person education under the federal Americans With Disabilities Act because of what they claim are the district’s lacking safety protocols, including a masks-optional policy.

After a hearing Friday morning, Chief Judge Timothy Batten of the U.S. District Court for Northern Georgia in Atlanta said the plaintiffs haven’t proven differing treatment because those policies apply to all students.

“Plaintiffs essentially ask this Court to second-guess Defendants’ operational decision making and wrest from Defendants’ control the authority to decide how to best protect students’ health,” Batten wrote in his order denying them immediate relief. “The Court finds that Defendants have made an informed choice that is neither arbitrary nor unreasonable, and declines Plaintiffs’ invitation to usurp this function of the executive branch.”

(You can read the full order here.)

Batten is essentially making the same argument the district claimed earlier this week in its response to the lawsuit (our story from Thursday), which names Superintendent Chris Ragsdale and the seven members of the Cobb Board of Education as defendants.

Batten continued by saying that “plaintiffs—like all students in Cobb County—were given the option to attend virtual school in lieu of in-person classes. Plaintiffs’ attempt to allege disparate treatment by a facially neutral policy that applies to disabled and non-disabled students alike, and their argument falls well short of the high bar required for injunctive relief.”

The lawsuit, filed by two Atlanta-area attorneys and the Southern Poverty Law Center, demands that the Cobb school district follow U.S. Centers for Disease Control guidance for schools, including universal masking.

That’s the recommendation of Cobb and Douglas Public Health, which filed a declaration on behalf of the plaintiffs.

But in his order, Batten didn’t weigh in on those matters.

“While Plaintiffs may prefer a mask mandate and other stricter policies, Defendants are not required to provide Plaintiffs with their preferred accommodation,” the judge wrote. “So long as Plaintiffs are offered meaningful access to education—and the Court finds that they have been—Defendants have adequately accommodated Plaintiffs and their disabilities and thus, Plaintiffs cannot show a substantial likelihood of success on the merits.”

He concluded by saying that “because Plaintiffs cannot show a substantial likelihood of success of their disability discrimination claim, the Court need not consider the alleged irreparable injury from which they suffer, nor need it balance the equities or consider the public’s interest.”

Sewell Mill Library to serve as disaster loan outreach center

October 15, 2021 1:02 PM by Wendy Parker

Sewell Mill Library disaster loan outreach center

From Thomas Brooks at the Cobb County Public Library comes this notice that starting Saturday and continuing weekdays through Oct. 28, businesses affected by recent flooding can consult with U.S. Small Business Association representatives for disaster loan consultations at the Sewell Mill Library and Cultural Center (2051 Lower Roswell Road).

The temporary outreach center there will be open from 10-2 Saturday, then from 10-6 Monday-Friday for the next two weeks, ending on Oct. 28.

Here’s what Cobb County government sent out Thursday about how the program will work:

The US Small Business Administration issued a Disaster Declaration for Cobb County today that will provide assistance to those impacted by flooding caused by heavy rains last month. Parts of the county were hit by more than five inches of rain in a short period of time, causing flood damage to homes, businesses, and apartments in areas that have rarely been impacted by flooding.

The declaration comes after federal, state, and local disaster teams toured the area last month. More than 250 reports of building damage were submitted to Cobb Emergency Management teams in the days following the early September deluge.

“Many who reported flood damage had never experienced such a disaster before,” said Cobb Emergency Management Director Cassie Mazloom. “After our survey teams found the impacted area was much larger than expected, we ramped up an online reporting tool that allowed residents to report building damage. We hope this declaration will allow many of these victims to get assistance to complete repairs.”

The declaration means those affected can apply for physical damage SBA loans as well as the Economic Injury Disaster Loans for small businesses. SBA officials will open a Disaster Loan Outreach Center starting this Saturday at the Sewell Mill Library and Cultural Center at 2051 Lower Roswell Road, Marietta. Representatives will be on hand from 10 a.m. to 2 p.m. this Saturday, then from 10 a.m. to 6 p.m. Monday through Friday. The center will be open through October 28.

SBA Loan Information for Disaster Relief

Cobb COVID-19 emergency declaration continued to Nov. 16

October 15, 2021 10:03 AM by Wendy Parker

Submitted information by Cobb County Government: Cobb paid leave county employees

Cobb County Board of Commissioners Chairwoman Lisa Cupid signed a second extension of the county’s Declaration of Emergency today [Oct. 14] concerning the ongoing COVID-19 pandemic. The extension will allow upcoming public meetings to be held virtually, keep the county’s emergency operations plan in place, and continues to encourage residents to get vaccinated and take precautions in public. The second extension runs through November 16.

“Even though we’ve heard positive news from our public health partners on the downward trend of this latest surge in COVID cases, the county’s case rate remains more than three times what is considered ‘high community transmission,’” Chairwoman Cupid said. “Keeping this order in place will allow us to remain proactive and hopefully help end this latest surge.”

The extension also cites the “severe overcrowding” condition at Kennestone Hospital caused by coronavirus cases and continues the terms of prior declarations.

For more information and to download the renewal, please visit https://www.cobbcounty.org/communications/news/chairwoman-signs-2nd-extension-declaration-emergency

Residents seeking a COVID test, vaccination, or information should visit www.cobbanddouglaspublichealth.com.

East Cobb traffic alert: Sewell Mill Road delays for Walton parade

October 15, 2021 7:40 AM by Wendy Parker

Walton Band Garage Sale

If you travel on Sewell Mill Road in the mid-afternoon, be advised that for about an hour or so Friday a portion of it will be used for the Walton High School homecoming parade.

The parade route will be on Sewell Mill between Old Canton Road to Bill Murdock Road from 2:30 p.m. to 3:30 p.m. The homecoming procession starts at Temple Kol Emeth (Sewell Mill at Old Canton), then heads eastbound to Bill Murdock and south to the Walton campus.

After those festivities conclude, a big crowd is expected at Raider Valley, and not just because it’s homecoming. The football game will feature a Class 7A Top 10 showdown between the No. 6 Raiders (4-1) and the No. 3 North Cobb Warriors (5-1).

Kickoff starts at 8 p.m., and if you can’t get there in person the game will be shown on local television on Peachtree TV.

Sewell Mill Road closure — *Graphic: Cobb DOT*

Cobb County School District responds to federal mask lawsuit

October 14, 2021 8:42 PM by Wendy Parker

Cobb school district responds mask lawsuit — *John Floresta, Cobb County School District Chief Accountability and Strategy Officer*

The Cobb County School District is asking the federal courts to reject a lawsuit filed against it by parents of medically fragile students.

The district’s response, filed Monday in the U.S. District Court for Northern Georgia, accuses the plaintiffs of inviting the legal system “to weigh in on matters of local politics by second-guessing the wisdom of CCSD’s COVID-19 mask policy.”

The plaintiffs also are seeking a temporary restraining order and a preliminary injunction to impose a mask mandate, and a hearing will take place on that matter Friday morning.

The four parents have asserted in their lawsuit that their children are not able to get an appropriate in-person education due to the district’s masks-optional policy, which Superintendent Chris Ragsdale vigorously defended in September.

They are suing under provisions of the federal Americans With Disabilities Act.

From the introduction to the district’s response (which you can read in full here):

“Though reasonable minds might disagree over whether schools should mandate masks, school districts have exclusive domain over these operational decisions. CCSD has made its safety decisions based on verified public health data, scientific guidance, and consideration of the needs of all students. It has chosen what it believes is right for Cobb County. Plaintiffs’ request for a TRO and preliminary injunction is just the latest attempt by one side of the political debate to usurp a school district’s operational autonomy over COVID-19 policy.”

Furthermore, the district said it has “reasonably accommodated” the disabilities of the affected students with “its numerous other pandemic safety measures, robust virtual offerings and individualized supports.”

The response also claims that the plaintiffs cannot show “irreparable harm because they are simply complaining about not receiving their preferred educational services—not a deprivation of access to education altogether.”

In a separate declaration, John Floresta, the district’s Chief Accountability and Strategy Officer, stressed that “the District’s position is not ‘anti-mask.’ The District strongly recommends wearing a mask. The District simply leaves the final decision on whether to wear one to the individual.”

In its reply to the district’s response, the plaintiffs contend (you can read it here) that “while the District claims that it has relied on verified public health data and scientific guidance to inform its recent decisions, it only cites a widely discredited pseudoscientist, whose opinions have been denounced by the public health and medical community.”

That’s a reference to Jay Bhattacharya, a former professor at the Stanford University medical school who currently teaches health policy there, and who is a high-profile skeptic of some COVID-19 mitigation, including masking school children.

In his declaration for the Cobb school district (you can read it here), he provided a copy of his recent report, “Scientific Evidence on COVID, Children and Mask Mandates” that concludes by saying “there is no scientific or medical reason to require masking school children.”

Cobb is one of the few school districts in metro Atlanta that does not have a mask mandate, something it had last year. Marietta City Schools announced Thursday that it was returning to a masks-optional policy, after requiring them in recent weeks.

The Cobb plaintiffs, who are being represented by two local attorneys and the Southern Poverty Law Center, have assembled documents from local and nationally known public health figures as well.

They include Dr. Janet Memark, director of Cobb and Douglas Public Health, who has urged schools to follow current U.S. Centers for Disease Control guidance for universal masking in schools.

She reiterated that guidance in her declaration, saying that “CDPH has consistently advised the Cobb County School District that the use of masks is one of the primary intervention strategies to help control the spread of COVID-19. This remains CPDH’s recommendation today.”

The Cobb school district maintains in its response that it “has developed robust COVID-19 response and intervention strategies based on guidance from public health agencies.”

The district also claims in its response that “Cobb County school-aged children had lower rates of infection than two of its mask-mandated neighboring counties during the September peak, and it often had the same or lower rates of infection than the five neighboring mask-mandated counties since the start of the 2021-2022 school year.”

The plaintiffs’ attorneys included a recent e-mail by Cobb school board member David Banks sent to his East Cobb constituents urging people not to get the COVID-19 vaccine, with a message saying that the government is “intentionally killing its citizens.”

The Cobb school district was sued in April by parents opposed to the district’s mask mandate at the time.

The suit was dropped when Superintendent Chris Ragsdale announced in May that there would be a masks-optional policy for the 2021-22 school year.

Cobb school board passes ‘Antisemitism and Racism’ resolution

October 14, 2021 8:53 PMOctober 14, 2021 5:23 PM by Wendy Parker

Cobb schools antiSemitism antiracism resolution — *Cobb school board member Jaha Howard tried to amend the resolution to include a provision to change the names of schools named after Confederate figures, a reference to Wheeler High School.*

The Cobb Board of Education’s Republican majority approved what’s been titled an “Antisemitism and Racism” resolution Thursday despite efforts by their Democratic colleagues to delay the matter.

By a party line 4-2 vote, the board’s GOP members adopted a resolution during a Thursday afternoon work session that chairman Randy Scamihorn said would be forthcoming in September, following the discovery of swastika graffiti at Pope and Lassiter high schools.

The district has said it has brought disciplinary charges against the students involved, but has not elaborated. That didn’t satisfy some local Jewish leaders who wanted a stronger response that specifically mentioned antisemitism.

The resolution states in part that:

“These acts demonstrate that antisemitism, antiracism and other forms of hate still exist in our communities and must be addressed requiring our full commitment to actively work and continue to build an inclusive school district built on trust and respect for all.”

The resolution was added late to the board’s agenda, and a copy was not made available in advance of the meeting.

East Cobb News received a photo copy of the resolution from the district shortly after the work session (see below).

Cobb schools antisemitism racism resolution

Democratic board member Tre’ Hutchins of South Cobb tried to get the vote on the resolution delayed to November, saying that as a board member, “I prefer that we get it right the first time.

“I don’t feel like were in that place. . . . I want us to have more time to digest what has been presented to us, and make sure we get it right as a board.”

But his motion to table failed 2-4 (along the same party lines), as did a proposed amendment by Jaha Howard, also a Democrat on the school board.

He wanted the resolution to include provisions to change the names of schools named after military figures in the Confederacy—a reference to Wheeler High School—to names “that reflect the goal of inclusion.”

Howard also said that the board received the resolution only on Monday night, and that “we haven’t had time to digest it.”

His motion also failed by the same 2-4 vote. Democrat Charisse Davis, whose Post 6 includes the Wheeler and Walton clusters, was absent from the work session.

Both Howard and Hutchins said they thought the resolution would be solely regarding antisemitism.

“We are getting ready to vote on something that we have not read, that does not just include antisemitism,” Hutchins said.

Scamihorn said of the resolution that “the community helped put this together” and that it was not driven by the chairman.

A Republican from Post 1 in North Cobb, Scamihorn attended a Yom Kippur service at Temple Kol Emeth in East Cobb in the wake of the Pope and Lassiter incidents, and was asked to hold the Torah at that service, during the holiest day on the Jewish calendar.

But the reaction to the resolution was not embraced by some in the Jewish community. The Southeast Division of the Anti-Defamation League in Atlanta issued the following statement Thursday night:

“The Cobb County Schools Board of Education’s resolution in response to recent antisemitic incidents is a good first step, but unless followed by specific actions, it’s an empty gesture. Hate in all forms must be responded to with action and education, not empty value statements.

“Adding the resolution to the agenda just before today’s Board of Education work session prevented members of the Cobb County community from making their voices heard and other board members from reviewing it thoroughly.

“We can’t support this as an adequate response without a commitment to a specific plan to use education to combat antisemitism and prevent future acts of hate in Cobb County Schools. We look forward to seeing the county’s action plan.”

At the Thursday night school board voting meeting, the board heard similar complaints. Some urged the Cobb school district to reintroduce the ADL’s No Place For Hate educational program, which was eliminated earlier this year.

Herschel Greenblatt, a 100-year-old Holocaust survivor who was recognized by the school board last month, was among them.

In his remarks, he told board members “I hope you go beyond words and take action,” saying the anti-Semitic graffiti in Cobb schools “should never, ever happen again.

In 2020, the school board was unable to come to a consensus on an antiracism resolution, after partisan differences over language, including the use of the phrase “systemic racism.”

Advocates for changing the name of Wheeler High School have complained that their attempts to communicate with school board members have been ignored for months.

The issue has not been included on any school board agenda since first coming up in 2020.

3 middle schools in East Cobb earn high U.S. News rankings

October 14, 2021 2:14 PM by Wendy Parker

Dickerson MS

For the first time, U.S. News and World Report is ranking schools below the high school level in its annual listings.

The first K-8 listings, which were released earlier this week, include three middle schools in East Cobb that are ranked near the top in the state of Georgia.

Dickerson, Dodgen and Hightower Trail come in at 5-7 in the state middle school rankings—you can read them here.

Other middle schools in the East Cobb area are Simpson at 25, Mabry at 34, Daniell at 120, McCleskey at 151 and East Cobb at 261.

There are no East Cobb elementary schools in the Top 10 in Georgia, but Murdock ES comes in at 12, Timber Ridge is at 17 and Mountain View is at 20—you can read the list here, and Sope Creek, Tritt and Mt. Bethel ES are in the 30s.

U.S. News explains its methodology here, and has a search tool by grade level and school name.

The database also includes preschools, but they’re not ranked (an example of what’s contained for each school is included here, of Bells Ferry ES).

U.S. News isn’t doing national rankings at the elementary school and middle school levels, unlike high schools. Currently, Walton is ranked No. 4 in Georgia and No. 197 nationally, the highest in the Cobb County School District.

Lassiter is 10/336, Pope is 20/369, Wheeler is 45/1,935, Kell is 74/3,187 and Sprayberry is 89/3,692.

East Cobb Food Scores: La Madeleine; Johnny’s Pizza; more

October 16, 2021 4:06 PMOctober 14, 2021 12:18 PM by Wendy Parker

La Madeleine, East Cobb food scores

The following East Cobb food scores for the week of Oct. 11 have been compiled by the Cobb & Douglas Department of Public Health. Click the link under each listing for inspection details:

Blackwell Elementary School
3470 Canton Road
October 15, 2021 Score: 100, Grade: A

Davis Elementary School
2433 Jamerson Road
October 15, 2021 Score: 100, Grade: A

Dickerson Middle School
855 Woodlawn Drive
October 15, 2021 Score: 100, Grade: A

Heritage of Sandy Plains
3039 Sandy Plains Road
October 12, 2021 Score: 82, Grade: B

Johnny’s Pizza
2970 Canton Road
October 13, 2021 Score: 100, Grade: A

La Madeleine
4101 Roswell Road, Suite 812
October 13, 2021 Score: 86, Grade: B

Pappasito’s Cantina
2788 Windy Hill Road
October 13, 2021 Score: 96, Grade: A

Picture Show
4400 Roswell Road, Suite 110
October 14, 2021 Score: 92, Grade: A

Sunrise at East Cobb
1551 Johnson Ferry Road
October 14, 2021 Score: 95, Grade: A

Waffle House
4797 Canton Road
October 15, 2021 Score: 89, Grade: B

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