Yes, thank you.

Good morning, everyone.

We'll go ahead and get started.

Welcome to today's Cobb County Board of Commissioners regular meeting this September 9th, 2025.

I'm pleased today that we have Rabbi Dorch of Congregation at Chime.

He will be providing our invocation, which will be followed by the pledge, which we brought by Officer Rihanna Banks.

For those of you who are willing and able, please stand for both our invocation and our pledge.

Friends, as we gather in this chamber today on the Jewish calendar, we are in the concluding weeks of the Hebrew month of Elul.

Elul is a time in our tradition for self-reflection, accountability, and spiritual preparation, and it's going to culminate in the Jewish High Holidays in just a week or so from now.

Mark your calendars.

Elul calls on all of us to look inward.

It calls on us to examine our actions and the intentions in our hearts.

And it's a month during which we're reminded that before we go out and seek change in the world, we have to first go out and seek inward peace and change within ourselves.

However, Ewl is also a reminder that we seek to understand the people around us and in our community.

Our sages of blessed memory teach that this Hebrew month of Elul is actually an acronym.

It stands for the well-known verse from the biblical book Song of Songs.

And so Elul is a reminder that we are not isolated in the work of our lives, but we are linked through shared responsibility, through the trust that our neighbors place in us, and by the promise that even amidst our differences, we should always work together to find common ground with each other.

And it's in this spirit that I ask all of us to pause for a moment and to pray.

God's source of all blessing that unites people of all faiths.

May you bless us all, devoted public servants and concerned citizens alike with the lessons of Elul.

Amen.

Good morning, everyone.

It's an honor to present this to some of the board members, the director, manager, um of the strand.

Ninety years we have had the strand right here on the square Marietta.

So with that, whereas the Earl and Rachel Smith Strand Theater has served as a cultural and architectural landmark on the historic Marietta Square since opening its doors on September 24th, 1935.

And whereas originally designed as a premier art deco movie palace, seating more than 1,000 guests, the theater brought the magic of modern film to Cobb County, and over the decades became a cherished gathering place and an essential part of the community's artistic and social fabric.

And whereas through the dedication of friends of the strand and the generosity of supporters, the theater was restored and reopened in 2009, ensuring its preservation as a hub for live performances, films, and special events.

And whereas now celebrating its 90th anniversary, the strand continues to enrich the lives of residents and visitors alike, serving as a vital performing arts venue, educational resource, and economic driver for downtown Marietta.

Now, therefore, we the Cobb County Board of Commissioners do hereby honor the 90th anniversary of the Earl and Rachel Smith Strand Theater, commend its leadership, staff, volunteers, patrons, and supporters, and encourage both the celebration of this milestone and the sustaining of the theater's legacy for generations to come.

This is the ninth day of September 2025.

So Andy, tell us a few, give us a few words here.

Tell us about an important event coming up tomorrow at the Strand.

And introduce your friends and volunteers and more.

Absolutely.

Hi everyone.

Thank you for being here and thank you all so much for the proclamation and honors.

We are honored to be here today celebrating 90 years young.

We always say it takes a village to raise a strand, and that comes from the very top with our board.

This is our board chair, Holly Tuchman.

We've got Stan Wise and Terry Guthrie, Kim Gresh, Linda Beggs.

We are so very thankful because we have a board that gives us leadership.

We have a staff that works very hard, and we have wonderful loyal patrons that come to all the wonderful things that we do throughout the year.

Tomorrow night we're celebrating something very special because not only is it the Strand's 90th birthday month, but tomorrow, Miss Bonner, who is chair of the Cobb in WCP is turning 90 years old, and we will be kicking off our celebratory month with her at the Strand Theater.

So we would love to have you out for that also.

And then throughout this entire month, join us at seven.

Thank you very much, Kim.

And throughout this entire month, we will be showing uh concerts and comedy and plays and musicals uh to celebrate the 90th year with a new logo and with all the festivities, and we hope to see you at them.

Oh, I'm so sorry, Jackie.

You are also on our board, and we are so thankful for everything that you do.

I apologize.

Thank you.

Anyone in the back that didn't make it up.

Here we go.

Three.

Thank you.

Thank y'all.

Thank you.

Thank you.

Thank you, Commissioner Burl.

Yes, and Jackie.

Those of you who are here as we recognize homicide victim remembrance day in Cobb, please join me up front.

Good morning.

You guys can come a little bit this way so there's some balance.

All right.

Thank you all for being here today.

Whereas every life loss to homicide leaves behind grieving families, friends, and a community shattered by violence.

Georgia experienced seven hundred and forty-two murders during two thousand and twenty-four, according to the FBI's crime data explorer.

Cobb County also experienced thirty-five homicides last year and twenty so far in twenty twenty-five.

Whereas the National Day of Remembrance for Murder Victims, also known as the National Day of Remembrance for Homicide Victims, is observed annually on September 25th.

Congress designated this day in 2007 in honor of the memory of victims and to acknowledge the profound impact of violence on their families and communities.

And we also seek justice for all victims and offer support to survivors.

It is an opportunity to encourage the community to support survivors, work to prevent violence, and to honor the work of organizations like our DA's office that provide advocacy for all those affected by homicides.

Now, therefore, we, the Cobb County Board of Commissioners, do hereby proclaim September twenty-fifth, two thousand twenty-five as homicide victim remembrance day in our community.

And we also dedicate ourselves to supporting those who fight against this heinous crime.

This the ninth day of September 2025.

This is such an important day for our office and the work that we do to continue to ensure justice is served in Cobb County.

Um yesterday we had our first uh inaugural uh victim witness academy where we offer training for all victim witness advocates um throughout the county, throughout the state of Georgia, so that we could better serve our victims here in Cobb County.

I just want to take a minute.

This is our office, and these are the people that are behind what we do, but more importantly, we have our director and assistant director of victim witness services here also.

Uh Dilma and Server, if you'd like to say something.

I wasn't prepared to say anything, but I would thank you for giving us the opportunity to be here to be um to have a day that we can say um to our survivors that this is the day that we're going to take in and um to remember your loved ones that have been uh taken away from you tragically thank you.

Why don't we just center a bit better so we can get that seal in?

Yes, the DA definitely in the middle.

Thank you.

This Aqua, we miss you.

If we can have maybe you three just either come here or we just need you to come over, just walk on over.

Here we go.

Hunter, yes.

The tall in the back, the less tall up front.

Three.

Thank you.

Next, we will have recognition of achievement of excellence within our procurement department.

For those of you who are here as a part of this presentation, please come forward.

Good morning, Chairwoman, Commissioners.

It is my pleasure.

My absolute pleasure to present the two thousand twenty-five Achievement and Excellence in Procurement Award to our Cobb County Procurement Services Department.

The AEP award was established by the National Procurement Institute in nineteen ninety-five to recognize organizational excellence in procurement based on a rigorous standard standardized criteria which measures innovation, professionalism, e-procurement, and leadership as well as productivity based on a world class best practices instrument.

It is an annual accreditation process that is rigorous and it requires an extensive amount of documentation that I know all of you participate in, as well as practices that you have to demonstrate.

So the entire county is so proud of you.

I know that this is the uh second consecutive year that you all have received this award, and uh, it is led by none other than our director, Mr.

Roger Ball.

It's is one of two hundred and sixteen successful applications this year, and only fourteen in the state of Georgia.

So, congratulations to our procurement department.

We're so proud of you.

So thank you so very much for all that you do.

We appreciate you every single day and how you support all of our department.

So thank you very, very much.

All right, I don't know where where your award is, but I know you got it.

All right, you ready?

Here we go.

Three.

Last but not least.

The best.

Okay.

Yes.

Yes.

Now that everyone's joined us, we have a short video that we'd like to share.

This center saved my life.

I woke up in the morning.

And it was like I'm just tired.

Maybe what I'll do is I'll just stay home.

So I called transplantation at five o'clock in the morning and cancel my bus coming to pick me up.

And I laid back down, pulled the cover up on me, and didn't sleep one wink.

It was horrible.

It's right here at this center.

You need that attention of people around you.

Four hours a day change a person's life.

The anticipation of coming.

And then the enjoyment of being here.

It's a wonderful feeling.

You've had something accomplished.

Yeah.

Okay.

And so it has helped to make it that way.

What a great video.

So it is with great pleasure that I give this to give this proclamation for Senior Center Month, whereas September is National Senior Center Month.

The 2025 theme, Powering Possibilities, Flip of the Script challenges many of us to rethink and the outdated perceptions about aging.

And it highlights the creativity, resilience, and contributions of older adults.

Whereas in Cobb County, we have seven exceptional senior centers providing essential services, innovative programs, and enriching opportunities for older adults.

These centers are focal points for adults 55 and older.

They are community centers helping to combat loneliness, foster friendships, and promote healthy aging.

They offer programs and activities that encourage socialization, lifelong learning, recreation, and engagement that boosts physical, mental, and emotional health.

Therefore, we, the Cobb County Board of Commissioners, September 2025 as National Senior Center Month in Cobb County, honoring the vital role senior centers play in strengthening the community.

This the ninth day of September 2025.

Thank you.

Thank you so much for this honor.

I want to say uh thank you to Commissioner Gambriel.

Thank you to the entire board for this honor.

Uh, and I will keep it brief because today is about the people that you see here.

Uh I will say uh before I pass the microphone on, I wanted to say thank you to all of our staff members.

I have a couple of our center managers here, uh, Miss Katie Shields, Miss Uh April, uh, and see who else do I have?

Victoria is with us here this morning, and uh the rest of them couldn't make it, uh, but they do amazing work, and then the staff at the centers, they pour their hearts out into everything that we do for all of you to make you happy.

So uh I hope you see the importance of the senior centers, you know, and and what we do for the community, and I thank you again for the honor.

And Miss Debbie, you're gonna say a few words.

Thank you.

Um my name is Debbie Novak, and I've been a uh resident of West Cobb for 40 years and a member of the West Cobb Senior Center for 10 since I retired, and I absolutely love it.

I didn't even know what the senior centers were about when I retired till I ran into a friend of mine.

I thought they were just you know, a place I didn't even know what to do.

So she um invited me to come, and I realized they had classes, activities, trips.

Oh my gosh, it was so much fun, and senior and um seminars, seminars on all kinds of topics.

Um they even had art classes, and that's something I was so interested in.

So I signed me up, and I said, wow, this is fun, and I've met so many new friends, friends from all different walks of life, and that's what really opened my eyes to what's going on with senior centers.

Um, and I didn't realize that Cobb had seven of them.

Wow, I'm amazed.

Anyway, the connections I've made and the connections we make daily with our community, the members of the center itself, but also people who come in, like the police come in and do seminars.

Uh that's how I met Rose.

Um there are uh topics about retiring, topics about our health, just all kinds of neat things going on in the centers.

Um what I want to say is that I am really proud of what April does and all of the other members that we have at West Cobb Senior Center, and I'm a proud member of it.

Thank you for this proclamation, and thank you for inviting us.

Did you want to say that proclamation to the middle?

Amen.

Proclamation needs to go all the way to the middle.

There you go.

There you go.

All right, gotcha.

Here we go.

Three.

Thank you.

Thank you.

Thank you again to all of our seniors for joining us in those of our senior centers.

That concludes our presentations for today, and we are now at our first public comment.

We have no one signed up for public comment today.

Okay, we have no speakers for public comment this morning, so that will take us to our consent agenda.

Commissioners, we do have um three items to add, and I'll read them separately.

We'll make a motion for each one.

Commissioners, I move that we add a resolution authorizing Cobb County to settle claims against defendant sandoves with respect to the national prescription opioid, excuse me, opiate litigation.

My motion is that we add that to the consent agenda.

Is there a second?

Second.

All right, any discussion?

Call the question.

The motion carries four zero, with Commissioner Allen being absent.

Commissioners, I also move that we add to the consent agenda a resolution authorizing Cobb County to settle claims against Purdue Pharma with respect to the national prescription opiate litigation.

Excuse me.

Let me go ahead and clarify that claim is not only with respect to Purdue Farmer, but also the Sackler family.

Second.

All right, is there any further discussion?

Call the question.

The motion carries four zero.

Finally, I move that we add to consent a resolution to authorize Cobb County to settle claims against eight opioid manufacturers.

Alvagin, forgive me if I mispronounce these names.

Am Neil, Apotex, HICMA, Indivor, Mylan, Sun, and Zydis.

And again, this is with respect to the national prescription opiate litigation.

Second.

All right, is there any further discussion?

Call the question.

The motion carries four zero.

As we've added those consent items, there's also been a change to the library system item number eight, as discussed in exact excuse me, in our agenda session yesterday, which is to change the verbiage from capital improvements to renovation and expansion of the South Cobb Regional Library.

I am not observing any other changes to the consent agenda.

Just want to check with commissioners if you have any other changes or with our clerk.

Okay.

With that, I move that we approve the items on our consent agenda as it has been revised and to authorize execution of the necessary documents by the appropriate county personnel.

Second.

Yes, Commissioner Gambrel.

I'd like the clerk to note that I do not support agenda items 28, 29, or 30.

I'm sorry.

28, 29, and 30.

Okay.

And those are with respect to the opiate litigation.

All right, are there any other comments?

We'll go ahead and call the question.

Thank you.

And again, recognizing Commissioner Garnville's opposition to 28, 29, and 30.

That will now take us to the regular agenda, and we will begin with our transportation department.

Good morning, Chairwoman Commissioners.

County manager, the department has seven items for your consideration this morning.

Our first item is to recommend the board of commissioners approve supplemental agreement number two to the contract with Southern Road and Bridge LLC in an amount not to exceed 40,974.50 cents for Cow Parkway Pedestrian Bridge.

Project number B2443 authorize the corresponding budget transaction and further authorize the chairwoman to execute the necessary documents.

So moved.

Second.

Is there any discussion?

Call the question.

The motion carries 40.

Thank you.

Our next item is to recommend the board of commissioners approve supplemental agreement number one to resurfacing contract 2025-4 countywide major thoroughfares local maintenance improvement grant with CW Matthews contracting company incorporated.

Project number B2919 to include resurfacing 2025 LMIG supplemental project in an amount not to exceed $6,135,544 to include a contract time extension through October 31st, 2026.

Project number B2929 authorize a corresponding budget transaction and further authorize the chairman to execute the necessary documents.

Okay, so moved.

Second.

Is there any further discussion?

Call the question.

The motion carries 40.

Thank you.

Our next item is to recommend the board of commissioners to approve supplemental agreement number two to the contract with CW Matthews contracting company incorporated and an amount not to exceed 1,800,000 for South Barrett Reliever Phase 3 to include a contract time extension through March 31st, 2026.

Cobb County Project Number X 2407, authorize a corresponding budget transaction and further authorize the chairman to execute the necessary documents.

Commissioner Gambrel.

So moved.

I'll second.

Is there any further discussion?

Call the question.

The motion carries 40.

Thank you.

Our next item is to recommend the board of commissioners approve a contract with advanced sports construction LLC and an amount not to exceed $98,301 and 25 cents for drainage system repairs on Trickham Road.

Project number B2227 authorize a corresponding budget transaction and further authorize the chairman to execute the necessary documents.

Commissioner Burrow.

Motion to approve.

I'll second.

Is there any further discussion?

Call the question.

The motion carries 40.

Thank you.

Our next item is to recommend the board of commissioners approve a contract with Sheffield Contracting Incorporated in an amount not to exceed $82,372 and 96 cents for drainage system repairs on Fontaine Road.

Project number B 22160.

Authorized a corresponding budget transaction and further authorized the chairman to execute the necessary documents.

Commissioner Sheffield, so moved.

Second.

Is there any further discussion?

Call the question.

The motion carries 4-0.

Thank you.

Our next item is to recommend the Board of Commissioners to approve a contract with Chatfield Contracting Incorporated.

An amount not to exceed $99,506.27 cents for drainage system repairs on a Hembry Road.

Project number B 22181.

Authorize a corresponding budget transaction and further authorize the chairman to execute the necessary documents.

Commissioner Burrell.

Motion to approve.

Second.

Is there any further discussion?

Call the question.

The motion carries 4-0.

Thank you.

And our final item this morning is to recommend the Board of Commissioners approve supplemental agreement number one to the consultant services agreement with Gresham Smith and an amount not to exceed 1,144, 170 and 29 cents for engineering design of Big Shane Road Widening.

Cobb County Project Number B 2431.

Authorize the corresponding budget transaction and further authorize the chairman to execute the necessary documents.

So moved.

Second.

Is there any further discussion?

Call the question.

The motion carries 4-0.

Thank you, Juror.

Thank you.

And that concludes the regular portion of our meeting, and that takes us to our second public comment.

We still do not have anyone signed up for it.

Alrighty.

And record pace, that will now take us to the commissioner's public address.

And we will begin with Commissioner Gambrel once her slides are on the screen.

Thank you.

I had the honor of presenting a certificate to Liam Johnston and his mother, Caitlin, in recognition of their efforts to raise awareness of lesson secophy awareness day.

Here is a short video sharing their story.

Liam was diagnosed with incomplete listencephaly when he was three years old.

A typically developing brain has lots of ridges.

Listencephaly will be absolutely smooth with no ridges.

What Liam has in complete listencephaly is kind of a combination of the two.

The biggest problem with that is any type of brain malformation can cause epilepsy.

His seizures are awful at times.

You know, when his brain gets a break from misfiring, like his speech explodes.

I mean, early intervention, I think was really the key in the progress he's made because Liam shouldn't be able to do a lot of the things that he does.

Walking, talking at all, being able to eat on his own.

We're not originally from here, so we've had to build a village kind of from scratch.

Like seeing people include our kid is all we want.

Like the first time he got to go to the Kennesaw football practice.

You know, they all pump and cheer him on and high five, and like he lights up, like that's his element.

He loves hugs, he loves high fives, he wants to be involved.

So raising awareness is not just about listening itself, but also just kids with disabilities in general.

It's to make sure that like your local governments, especially support accessibility.

So when everyone was so willing to do it, I was kind of like, oh, I didn't know it was this easy.

You know, ask for something.

And it was really cool to come in, and everybody was like clapping for Liam.

Commissioner Gamble talked about how he's overcome odds and gave him a certificate of recognition this year.

It's a video.

Like I just love that it's kind of progressed this way, so that maybe people will learn more every year.

Commissioner, thank you for sharing that with us.

It was very thoughtful, very touching.

And thank you, especially to Jackie and our communications department for putting together the video.

Thank you.

Thank you.

With that, we'll go to Commissioner Burl.

Good morning.

Um, first on the list is uh three-day closures scheduled for the Mountain View Library at 3320 Sandy Plains Road.

It will be closed Thursday, this Thursday, September 11th through Saturday, the 13th, and we'll reopen on Sunday the 14th.

Um, in the meantime, you can attend the new and improved Gridders Library at 880 Shaw Park Road.

And their hours are 10 a.m.

to 5 p.m., Thursday through Friday, and 10 a.m.

to 5 p.m.

on Saturday.

Celebrate Constitution Day on the Square.

This year marks the 238th anniversary of the signing of the Constitution and the Fielding Lewis Chapter, National Society, Daughters of the American Revolution invites the public and all to share in the ringing of the bells on Wednesday, September 17th at 3:30 p.m.

in the square.

And I believe Commissioner Gambrel will be uh reading a proclamation as well.

Saturday, October 4th, finally the fishing rodeo and fish with your commission will be taking place from 9 to 11 at Ebenezer Downs Park, 4055 Ebenezer Road.

Bring your fishing pole and fishing license, fish with your commission and fishing rodeo competition at one of District 3's beautiful parks.

And may we never forget 9-11 and those who sacrificed, pay the ultimate price, rescuing the um folks in the Twin Towers and their families.

Thank you, Commissioner Burrell.

We'll now go to Commissioner Sheffield.

Thank you, Chair.

District 4 News and Updates.

There is always something cooking at the Greater South Cobb Kawanis Club.

Join the club in the Powder Springs Task Force for the annual breakfast pancake.

Grab the kids or come alone and enjoy all you can eat and cook to order breakfast at the Ron Anderson Center on this Saturday, September 13th from 9 a.m.

to noon.

Sponsor kids, be a sponsor on enjoy signature pancakes in a morning of games, jazz, a spelling bee, and community fellowship.

The cost is $10 per person, and the Ron Anderson Center is located at 3280 Macedonia Road in Powder Springs.

The best of fall is coming to Six Flags Over Georgia as the park prepares for the return of its three signature events.

Oktoberfest, Kids Boo Fest, and Fright Fest.

Running Select Nights and Weekends from September 13th through November 2nd.

The events are included with a single admission ticket and promised fund for everyone from families and foodies to thrill seekers and horror fans.

Excuse me, two seven five Riverside Parkway in Mapleton.

And finally, in just two days, our nation will mark the anniversary of September eleventh.

Nearly a quarter century has passed since that tragic day, yet the memories remain vivid.

But it certainly was an opportunity to see this country come together and how we support one another and support our first responders.

As with Shared, there's a lot going on this weekend.

You can get pancakes in South Cobb.

You can be frightened at Six Flags.

All right, good morning, everyone, and welcome back to our Cobb County Board of Commissioners regular meeting this September 9th, 2025.

This morning we do have a community development hearing, and this is with respect to an application for a beverage license for 3705 Trickham Road, which is LLC doing business as Teddy's Market.

I will turn things over to Attorney Hemsley, and he can help us walk through today's hearing.

Thank you, Madam Chairwoman.

Good morning.

For the record, I am Sam Hensley Jr.

I am the attorney for the Business License Division of Cobb County.

As you mentioned, we are here today on a de novo hearing on an administrative denial of the application, as you mentioned for 3705 Trickham Road LLC doing business as Teddy's Market.

Caran Ahuja, I hope I'm pronouncing that correctly as a licensee located at 3705 Trickham Road Marietta 30066, which is an unincorporated Cobb County.

This application, Madam Chairwoman, was denied under 6-124 and 6-125 of the Cobb Alcohol Code.

As a reminder and for the record, 6-124 of our alcohol code specifies that if the proposed location that will be selling or serving alcohol is within 300 feet of the property line of a private residence, then there must be a denial of that application.

However, at a hearing, if it is determined that the property values of that residence will not be adversely affected, that the quiet enjoyment of those premises will not be adversely affected, and that the grant of such license shall have no other adverse effect on the residents, then this board is authorized to grant a waiver for that distance requirement.

Similarly, under 6-125, if the proposed establishment excuse me, is within 600 feet of the property line of a church park school or library, then again that application must be denied.

However, at a public hearing, as we are here today for, this board may waive that distance requirement if there is satisfactory evidence produced that there will be no adverse effect to the property values or the use of those facilities if that license was granted.

So we'll be hearing the case in total today.

Hopefully we won't get there.

So the uh property at issue is the Teddy's Market, which is the uh southwest corner of the uh signalized intersection again.

I'm gonna be repetitive.

That is a signalized intersection that I think carries a lot of uh information.

So the other two corners uh you have an Amaco station that sells bearing wine on the north side, Caddy Corners is a shell station again, also that sells bear and wine.

You have other bear and wine establishments in the area with distance waivers of the Mellow Mushroom and the Moxie Burger very recently there, um, and then there's a Montessori school uh to uh to our west, which is the distance question, and here you can see that the property uh to the NRC all the way to the west is the Montessori uh school, which is really operates as a daycare, and then a couple residential properties to the south.

Uh the uh same distance issue is for the existing alcohol pack uh stores there.

This is been a convenience store.

It has been closed for I think approximately 10 years.

Uh it had an alcohol license in the past, it's been auto repair.

My client wants to be able to restore it, bring it back to being uh a viable service to the community.

He uh has Teddy's Markets as his brand.

Uh he's got uh two other stores that I'm familiar with, one in Ballground and one in in Canton.

Uh and so he's it's a quality brand, a quality project.

Uh this came through zoning in 2022.

Uh and when it came through zoning, it included zoning conditions related to this as a convenience store.

Uh, and then it also included, and that's the property my client owns.

It also included approval of a tunnel car wash, which is depicted here on the left-hand side.

So when you see the aerial and you see the all that, those trees between us, uh, that is zoned for and not owned by my client, but owned by somebody else for a car wash.

Again, that goes back to the what's the impact on the community.

Uh the car wash is uh right there.

My one of the zoning conditions that included was making some significant road improvements.

So not only does he have to restore and rehab the the closed convenience store to to look like what was shown before, he has to make these significant road improvements.

So there's a deceleration lane.

This is going through plan review, deceleration lane on uh Trickham Road, uh very expensive to put in.

I had to become involved because it had some stormwater elements that had to be moved and utilities and everything.

So that is done uh and very expensive, as is the right and write out uh on Shallford Road.

So those are part of the improvements that are being made.

Uh you have a distance waiver.

Your licensed review board heard this case and unanimously approved uh the distance waiver just like the Moxie Burger got a distance waiver, just like the Mellard Mushroom across the street got a distance waiver.

And in this case, the only evidence before you is that there is no impact on the uh uh surrounding uses.

This again is a rendering of what the store will look like comparing it to what it we had before.

This is the store on Prominence Parkway.

Uh, this is interior showing it is a full convenience stores with breakfast offerings, coffee, uh, but when you have a convenience store, you expect alcohol as one of those elements to it.

And if you don't have that for the Friday afternoon when you come home, then suddenly that person's not shopping there the rest of the week.

Uh, and so that's the reason why it's important.

But it is a full compliment service uh convenience store.

Again, this is this store in in ball ground.

So uh we think that the evidence before you is that the distance waiver, the license reboard granted should be uh waived in this situation.

Uh and my client is is able to testify as as to those elements.

So I will now uh if I can just so you've got it, if you handy here is the um presentation.

I don't know if you got one copy.

Just so you have it handy, and then also again I have as I think it's relevant the site plan and the zoning record for this property and madam chairwoman.

I have no objection to those documents.

I have reviewed those.

Thank you for sharing that at this point.

With your leave, Madam Chairwoman, I will swear in the witnesses.

If you will be testifying, or believe you may be testifying in this hearing, would you please stand and raise your right hand?

Do you swear or affirm the testimony you are about to give before this proceeding shall be the truth, the whole truth, and nothing but the truth?

If so, say I do.

Thank you.

You may be seated.

I'd like to call Alicia Webb.

Certainly.

Good morning.

Good morning.

Good morning.

Could you state your full name for the record, please?

Alicia Webb.

And Ms.

Webb, where are you employed?

The Cobb County Business License Division.

And what is your position at the Cobb County Business License Division?

Business License Division Manager.

And what are your duties as the manager of that division?

Um, in this case, to review and approve and/or deny alcohol license applications and take them before the license review board if appealed.

Would that include applications for alcohol licenses in Cobb County?

Yes, sir.

How long have you been in that position?

Six years.

And prior to that, did you work in that division as well?

Yes, sir.

I've been in the division for almost 19 years.

Thank you.

And are you familiar with the establishment that goes that does business as Teddy's Market, which is the subject of our hearing today?

Yes, sir.

And how are you familiar with Teddy's Market?

I'm sorry, what was the question?

How are you familiar with that establishment?

Um, this application was submitted back in May for beer wine and Sunday sales package.

Went before the license review board and then was put on consent here on 812.

When you receive that application, uh, were there any disqualifiers in regard to the granting from an administrative level of that license?

Yes, sir.

The application was denied based on 6-124 and 6-125 as the proposed entrance is does not meet the distance requirements of those code sections.

And I believe Mr.

Huff has stated in his opening remarks uh a bit of the nature of this establishment.

What is your understanding as to what this store or uh market will be?

I understand that it's a convenience store with gasoline that will offer beer, wine, and sundae sales.

And is this an existing uh building that's going to be occupied?

Yes, sir.

The structure is there.

But it has not been occupied for quite some time.

Is that correct?

It has not.

The last tenant was actually an emissions place, and they were there for a very short period of time.

Okay.

Has to your knowledge, has this uh premises been used uh in any form or fashion as an establishment that sells or serves alcohol?

Yes, sir.

And did that um establishment receive a distance waiver to your recollection?

I looked back.

Um, this is a very old location.

Um, the oldest license went back to 2010.

Um looking at it, I tried to pull it out in the file, but I think that there was a distance waiver issued in the very beginning for this establishment.

Okay.

What about other establishments in the area?

Have any of those been granted distance waivers?

Yes, sir.

So several of them have.

Mr.

Huff mentioned the Moxie Burger and um the Mellow Mushroom, those are the two most recent um distance waivers that were granted in that area.

The most the closest establishment to this convenience store is the Trickham Food Mart.

That has been there, I think, since 1989.

So that one would be the closest, and then the shell food mart, the mellow mushroom, Moxieburger, and the Serenita Takaria.

Um, but the most recent ones were Mellow Mushroom and Moxie Burger.

Was there any opposition?

Um that you received to this application.

No, sir.

I did not receive any opposition to this application.

Okay.

Were there signs posted at this location when the application was received by your office?

Yes, sir.

And what do those signs say?

The yellow signs are posted to notify the community that an alcohol license has been applied for at that specific location.

It states the date for opposition, and if you um should want to file opposition, it gives you the instructions and the deadline for that.

And uh do those objections have to be in writing?

Yes, sir, Madam Chairwoman.

I would also like to introduce into the record what we can refer to, although it's not marked as uh counties exhibit one, which is a certified copy of the Cobb Alcohol Code, just so that it's in the record.

I do not believe Mr.

Huff has any objection to that.

I have no further questions for this witness at this time.

Thank you.

When you receive an alcohol license, you also do a thorough review of the location and the licensee to determine whether there's any factors that would lead to a denial from your office.

Is that correct?

Yes, sir.

And none of those factors were in this case except for the distance issue related to the residential and the school.

Is that correct?

And uh you were used to receiving written objections and even phone calls in this case.

You didn't receive any written objections pursuant to those codes.

No, sir.

And the client met all his requirements in terms of advertising in terms of submitting the application in terms of his ability to be a licensee.

There's no question about his qualifications as a licensee.

No, sir.

And the license review board hearing uh heard evidence about this location and unanimously granted approval of the distance waivers.

Is that correct?

Yes, sir.

Okay, how many distance waivers do they do you does the license review board hear every month on average?

Probably four or five.

Okay, that's all I got.

Thank you.

Commissioners, do you have any questions for Ms.

Webb?

I'll begin with you, Commissioner Burrell.

Good morning.

Um you referenced the Moxie Burger and Mellon Mushroom having a distance waiver.

Is that from the residents behind them on the across the street from this?

Yes.

Okay.

And um I know there are two stations, the AMICO and Shell across the street.

Are they less than 600 feet from the Montessori school?

So the shell gas station, I looked back to 1989.

I did not find in that file a distance waiver.

If we're talking about the shell gas station at 2375, that again goes back to 89.

And in this case, I don't know if the monastery, sorry, the monastery school was even there then.

Okay.

Um and then the Trickham Food Marts.

That looks like that one was in 2004, just to mention those other gas stations in that area.

So was the school there then?

I don't know when the school so we don't know if they got a distance waiver, but they're on the opposite side of the street and they're in a shopping center.

They don't back up to residents.

Yes, and Mellon Mushroom.

Okay, and the department is responsible for posting the signs when it came before the LRB.

We are responsible for posting the signs to notify the community of the application, yes, ma'am.

Okay, and you have evidence that the sign was posted properly and was not taken down until the hearing on the 4th of June, I believe it was.

Our team does take pictures of the signage when they're at the property.

When they post yes, ma'am.

And to your knowledge, were they still up before the hearing by by the June 4th hearing date from the LRB?

So the signage is required to stay up until June the 5th, which was the original um consideration date at this application.

Okay.

I thought the sign said the 4th of June when it was on the ground.

When okay, this is the objection date.

So on the signage, we're required to put this in the Marietta Daily Journal as well.

Um there it has to run for two consecutive Fridays in the paper.

Okay.

And then on that sign, list the deadline for the objection as well as the deadline for the date that it'll be considered.

So essentially the objection date is always one day before the date that I will consider the application.

Okay.

And you didn't receive anything prior to the LRB.

I didn't receive any opposition by and by the deadline for objection, no.

Okay.

Um I wasn't aware of this until it was on our consent agenda for last month.

Um, and I had it pulled to go to this hearing because the residents in the uh subdivision adjacent to this and the school.

Um to my knowledge, we're not aware of the signage or um to to voice any opposition.

Um, and it wasn't until it was on our consent agenda, and I had it pulled that to come to a hearing today that they were aware.

Um and most of their objections were regarding the zoning, but this is alcohol hearing, not a zoning hearing, and I know the notification, like the thousand feet notification for zoning doesn't apply here.

The signs just have to be posted and advertised for the LRB hearing.

So the licensed ring board hearing isn't that is not if there's no opposition, then there's no signage posted.

So the license review board hearing date is not advertised unless there is opposition.

So once we get to the 6th, June 6th, I denied the application.

The applicant then has the right to appeal because that was the application that was denied.

So that's when the license review board ball starts rolling, but there is not a sign posted saying that we're having a hearing on this matter unless we receive timely opposition.

So I just wanted to make sure that was clear.

So what is the sign say that you post?

So no, we don't.

One yellow sign notifying the community of the alcohol application.

If we do not receive any opposition, then there's no signage posted.

Okay.

Um I guess that's all I have for you.

Okay, Commissioner Sheffield.

Just a couple of clarifying questions.

So and I'll start with the sign.

So the sign is required to be posted.

Um do you all post the signs on the frontage of the property?

Yes, or just on one side, because in zoning, I believe it's on both sides on both sides.

Okay, all right.

Um, in 2010, you mentioned that there was a distance requirement at this location.

Do you recall which business received that that waiver?

It was um TKR and B pay VP Group Inc.

doing business as the sitco food mark.

Okay, so it was a food mark, but it wasn't convenience sales.

I'm sorry, fuel sales.

I do believe there was gasoline before gasoline there, also, yes, ma'am.

All right.

Do you have any other questions, Commissioner?

Um Commissioner Damberly any questions.

Thank you, Alicia.

You're welcome.

Does that conclude?

I have no other witnesses, but I do reserve the right to recall if necessary.

Okay, thank you.

This time I'll call Karan to the standard.

Hello, everybody.

Uh good morning, Commissioners.

Good morning.

Can you give the board your name?

My name is Karan Auja.

Um I'm resident of uh 325 Crookistick Drive, Alfredo, Georgia.

3004.

And you are the owner of Teddy's Mark.

Yes, yes, sir.

Mark Teddy's Market, excuse me.

Yes.

And you've got, I know of two established, you've got one in Cherokee County on Prominence Parkway, and then one in Ballground.

Yes, sir.

And you've acquired this property and you plan to remodel it into your yes.

This is uh just a little background on us.

Uh we've been in the convenience store business for more than a decade now.

And uh Teddy's Market was uh a brand.

I I we me and my brother just started up back in uh 2022 is the first time we we kind of developed the concept and everything.

So the first location was up in Canton, Georgia, the second location uh in Ball ground, Georgia.

We actually have a third one coming coming in Cobb County off South Cop Drive, and this is basically uh upscale gas station.

You guys can see we put a lot of effort, time and energy into making this a vibrant community place for people to bring in their families, so and we also have a variety of food offerings uh after the ball ground station opened up.

We have another concept going in our new stations called Teddy's Diner.

So that will have a range of food uh offerings from uh fried chicken food service to pizzas to burritos, bowls, etc.

So we we are very uh I mean the concept was basically uh designed uh initially because we just we just thought like gas stations became a place where people came in and they got food because it was just there and convenient, and we wanted to do something that people could come in for food and be a convenience store, right?

So that was the kind of thought process behind this, but uh yeah.

So this is uh likely our fifth or sixth uh store, depending on when we open it.

And this is uh this is your store in Ballground?

Yes, sir.

Can you tell the board who is your neighbor directly behind you?

It's the mayor of the city of Ballground.

And he does he like your store?

Uh yeah, they there's a small, why very vibrant community.

Uh they all really love us down there.

It's it's it's it's uh it's great.

It's great, it's done great for us.

Now when you acquired it, you knew that there was a uh the property adjacent to you between you and the Montessori school was going to be was zoned for uh car wash, is that correct?

Correct, correct.

And and you also understood that you had to make some significant road improvements to uh the stores that yes, yes.

That was uh negotiated during the LDP phase while we were acquiring our permit to to do this build out.

Uh this this just uh on on this specific site.

This is gonna be a significant build out of the interior and the exterior facade of the building.

Uh right now the cost projections are north of two million dollars uh and and probably gonna go up from there, but yeah, that's uh it's gonna be a pretty uh pretty significant uh uh project for us.

In the southern end of your property, there's a stream bank buffer that's all has to be preserved as a buffer, and that is in fact yes, sir.

Yes, sir.

Um this is the as it looks today.

Yes, yes.

Or yeah.

And you are familiar.

Let me go back to this.

Um one of the questions had to do with the the Montessori Daycare, yeah.

And are you familiar with the operation of that?

Uh yes, we are actually uh you are familiar with how the that daycare operates.

Yes, we we own uh uh 19 daycares across Metro Atlanta, uh suburb Atlanta, uh by the name of Chroma Early Learning Academy.

That's another yeah, so uh we actually own that daycare that got that that was uh part of the Mellow Mushroom Moxie Burger Raver, so the Chroma Early Learning Academy down the street off of Shallow Ford Road.

So we own and operate that.

If you look at this, that NRC in the bottom right hand corner.

Yes, that's uh the the one that's not all yeah, no, no.

Yes, yes, that's the croma early learning academy off of Shallow Ford Road, yes, sir.

That's your daycare?

Yes.

We we actually that's one, we actually have two another two more daycare in Cobb County.

Uh one the third one is actually opening off of Barrett Parkway off uh Misaw Valley Road.

There's another one in uh East Cough.

So do you have an opinion?

It did the the mellow motion in the Moxie burger sell alcohol by the drink.

Yes.

Does it have a negative impact on your operation of that daycare?

Uh no, I mean daycare is a closed uh closed property.

Once the kids are dropped early in the morning by parents or in the afternoon, they stay within the premises until a parent or an adult uh picks them back up.

So there's uh no could no kid is going outside the boundary of the property of a daycare.

And do you have an opinion based upon your knowledge of owning and operating uh daycares and convenience stores where this would have any negative impact on the either the value of the operation of that daycare?

Just sorry.

Uh we uh just on we have over a period of time transacted uh over a hundred million in commercial and residential real estate, and uh I would say this uh has no negative impact on residential and commercial properties.

Uh on the contrary, we uh we had to uh I think this has been an eyesore.

I've known about this location for a long time, but I'd never really realized why it didn't get developed.

And this is kind of I would say an eyesore uh and it's it's just uh hub for unwanted activities.

We've had to board it up just to make sure it's it's closed off and we don't have any uh you know unwanted uh activities at the at the at the store at the location.

And alcohol sales is a is an important component for you to compete with surrounding.

So yeah, I mean it's a convenience at the end of the day.

So convenience is uh primary uh reason uh for this.

So uh everybody, I mean, we think uh alcohol beer, beer wine sales don't amount for majority of our sales, they are probably 10%.

I would say that's our usual idea, but they do amount to customer footsteps, right?

So if somebody's getting a six-pack, they they get maybe dinner, maybe lunch or or other groceries and other items at the store.

So at the end of the day, this is a one-stop shop per se.

So for food, uh for your beverage needs, for your grocery needs, or quick grab and goes, etc.

Is it important that your store is on the opposite side of the road so that people can take a ride in and don't have to cross over to get to the other side to either get beer or fill out?

Yes, yes.

I mean, it's it's it's I think like I said, it's part of the convenience part of a convenience store, right?

It has to be convenient that you go in there and you can grab all the items that you really need.

You don't have to, if you if you're getting uh food at McDonald's, if you're if you can't if you can only get food at our store and not let's say beer wine, right?

Then what stops somebody from getting McDonald's down the street and beer wine from another store?

So two stops compared to one that that that affects the business.

And you've gone through the alcohol license training and yes, yes, I did.

And you you understand your primary job is to make sure that underage people do not buy alcohol.

Yeah, yes, we we are very uh stringent.

We have uh checks and balances, we have employee handbooks, we have uh our point of sale systems do not allow for sales until an ID is scanned, or they physically put in.

So basically, if you if you scan a alcohol item, it just pops up.

Either you have to scan an ID or you have to physically put in to move forward on the point of sale.

So you can't you can't just move forward there.

That's all the questions I have.

Thank you.

La Hair from If I may, Madam Chairwoman, just a few questions.

Mr.

Ahuja, is I'm am I pronouncing that correctly?

You got it very close.

Okay, close enough as it can be.

Uh tell us again about your experience selling alcohol personally.

I mean, you just have to be uh uh aware, attentive, and uh but what have you done in your history of owning convenience stores or other such establishments?

What is your record as far as selling alcohol?

Have you ever had a violation for the state?

No, never never, never.

I mean, I and you know, I don't think that it's gonna be a definite definitive matter, but I mean I I have I have a little daughter, and my brother has daughters.

We mean we have kids, so we we understand uh our responsibilities as as alcohol licensees, so we we we don't take that lightly at all.

Good to know.

So you understand you're the last line of defense, or your employees, managers, anybody else that works in your store who sells or serves alcohol are the last line of defense against somebody, whether they be an underage person, an intoxicated person from being sold alcohol and going out in the streets of our community and creating a tragedy.

That is uh I am very well aware of our responsibilities.

Uh and uh I mean this I'm just putting it out there because uh uh we we own several uh C stores.

We actually got one uh I don't know uh it was a letter of commendation uh commending us for uh I think you know they they do checks uh occasionally so when they came in our store, it was it's properly done.

There was no issues with uh with I think the officer that came in to check, you know, they have random checks, and they actually send us uh a letter of commendation that we had a really good operation where you know there was no uh sale of alcohol to a minor.

So I mean I'm just so we we understand uh this really well.

Let me ask you, Mr.

Ahuja, did you reach out to any of your neighbors, whether that they be the private owners of the residences or the school to tell them that what your plans were and to ask them for their input?

I did not reach out personally.

I had uh I did have Mr.

Parks and I asked him to reach out to anybody and talk to them if they have any issues, and also if if I had him uh ask him to put me on an email with anybody who does have any questions from me directly, and if they ever, you know, while we're doing the build-out, they have any questions.

I need to be accessible to the community.

Do you know if that outreach was actually conducted?

Yes, yes.

I mean he put me uh Mr.

Parts, I think copied me on the email uh with somebody uh to basically introduce me uh as the owner.

So if they need to reach out to me, they can.

And did anybody reach out to you?

No, no.

Uh Mr.

Ahuja, do you have any professional training in appraisal work?

Uh I don't have professional training.

Uh my I have worked under my brother who's a real estate agent.

I've worked as his assistant, but we've just done a lot of commercial and residential real estate in the past decade.

I started working when I was like 14 and a half, 15.

Uh so I mean that was back in high school, but of course, uh, as the years went along, we did a lot of business, so we have a pretty good understanding of the market trends, and we follow market very closely.

But no professional training as an appraiser or planning engineer, urban planning, just your experience, I believe, is what you're saying.

Exactly, exactly.

Okay.

Did you attempt to or did you engage an appraiser or other expert to evaluate whether this location would have any adverse effect on the property values of these residences, the quiet enjoyment of these residences, if there would be any adverse effect in their professional opinion?

Um no appraisers are in I I have not really had an appraiser engaged for that in this specific case.

I've never really used an appraiser for that specific case, but this is just my personal uh opinion and from what I have experienced.

That's all I have, madam chairwoman.

Okay, thank you.

I'll check and see if commissioners have any questions.

I'll begin with you, Commissioner Burrell.

I'll be such a share of district.

I'll begin with you then.

And you have your hand also, then I'll come to Commissioner Gamble.

Um I know that on your okay.

First of all, I this has been approved through zoning and has several steps that I think the neighbors are more concerned with the emails I've received, but that's not before us today.

That has already been approved, and we will monitor our inspections and permitting department.

We'll monitor when that comes through with the road improvements and cameras and everything that was stipulated in the zoning.

So what is before us today is the alcohol sales.

And um are you planning to sell any vaping products or CDB in there?

We we do not sell vaping and CD products.

You do not, okay, because I I don't think that was a prohibited use in the zoning, but I just wanted to clarify.

Um, and then you did say you had not had any violations at any of your other locations that sell.

Um I guess this is directed for to Mr.

Parks.

Um, I know we had several meetings with the um neighbors when this was coming through zoning a couple years ago or a few years ago, and um finally came to a consensus on the zoning with the stipulations and all, and now what's before us is the alcohol sales, and I know you um have responded to the neighborhood, um, but have you talked to the Montessori school specifically?

I I have not.

I was told that given contact information for them and contacted them, put him on the email because I think he's gonna be a part of the community, and I think he he he wants to be and will be responsive.

But I I did not reach out nor do I normally reach out to um a daycare that's that's in that distance requirement.

Uh they have a I mean there may be you know questions about what's the right procedure, but the county's procedure was followed, and I follow that procedure too.

So uh if it had us reaching out, I like a more of a zoning reach out, we certainly would have certainly would open, you know.

My phone is all you know, my cell phone's out there, everybody's pretty much got it.

So if they wanted to contact me, they certainly could have.

And I would be glad, and I would be glad to put them in contact with my client.

Yeah, and I I have not heard from them directly, but uh have received an email from um one of the neighbors that says that they have a petition opposing it.

And I haven't seen it, and I know that the issue with the signage, them not knowing or nobody being aware is my issue, but um the main concern I have is you're less than 300 feet from 231 Sims Drive.

It's 269 feet, and you're uh the guy posts Montessori, you're 247 feet from that, and the requirement is 600 feet, so that's not even half of 600 feet.

So that's not even half of 600 feet.

So I know I can't regulate hours, but the hours for the in the zoning are different than the hours on the application.

Yeah, the alcohol sales.

The zoning hours would obviously control.

I mean he can't go beyond the zoning hours.

I think the right.

I think the alcohol hours in the application was shorter than what the zoning would allow.

So it's it's I I didn't want to make sure it's not going the other way.

It's not like he was saying he was gonna be open longer than the zoning would allow.

He was going to be open less than the zoning was allowed.

Okay.

Um Mr.

Hensley.

Can I ask I know that is it?

I'm sorry.

Um follow the procedure if it's okay with the chair.

Actually, the witness was up there for the for the questions from the board.

I don't know if anybody else from the board had questions.

There's a couple other people had questions from the witness.

Okay.

Sorry.

Do you have any?

It's okay.

Thank you.

We'll go to Commissioner Gamble.

Um, Commissioner Burl kind of covered my question as far as zoning.

Um, because again, fuel sales are expected within the NRC that Cobb County has established for this um intersection.

Um, when when you purchase the daycare that is near the mellow mushroom, did you ever receive a letter or anything notifying you that you were within or less than 300 feet of an establishment?

So you who notified who notified you that you were.

It was the director at our daycare that notified us that there's a uh restaurant.

I did not know Mellow Mushroom, but they told told us a restaurant that's coming uh adjacent to our property, I guess.

And did that owner at that time object to the mellow mushroom knowing that it was gonna be less than uh no, we uh no uh no there was no we didn't object to it.

Thank you.

Was that for the alcohol sales or the zone?

Um so that was for the alcohol sales?

Yes, ma'am.

Thank you for clarifying.

Commissioner Shop.

I just have a couple of questions.

Um do you sell alcohol at the other locations?

I think one was ball brown, and I think Canton and maybe another.

Yes, ma'am.

So at all of those locations you sell alcohol.

Beer in mind.

Okay.

Um you were asked a question if you plan to sell vaping products.

You said that you're not currently, but the question is do you plan to at some point?

Okay.

Um, and for the percentage of sales at the other location, can you share what those percentages are?

10 to 15 percent.

10, 15 percent, okay.

Usually very closer to the 10 percent marked off uh off the I can't clarify that's inside sales, inside sales, yes.

That's uh if you put the fuel because fuel sales are very uh they're more volume-based.

There's not a lot of uh uh margin in the fuel sales.

So if we're selling let's say hundred thousand dollar worth of fuel, that would uh margin would be like five thousand dollars or or less on on that on that amount of not even five, three three to four thousand dollars on a hundred thousand volume.

So if I add the fuel sales to our existing stores, it would be like three, four, four, four percent maybe.

I I haven't calculated usually if you look at it separately, the fuel sales and inside you always uh separate them out.

Okay, yeah, I just want to make when he says he's talking about uh inside okay.

All right, um, and also we've heard uh Montessori refer to as a daycare and also for a school, which we know the requirements are very different.

So um if we can either have parts and I don't know if we can at this point just to go on the record and verify, or maybe Alicia to verify that it is in fact a school.

That's what's reflected in the application on the application, but for viewers that may be watching, I just want there to be clarification that it is a school is based on the website it is, but I just want to make sure that we're all on the same page.

I think that would be in the discretion of the chair if we want to recall that witness.

I'm certainly happy to do it because I did reserve the right to recall Ms.

Webb if there are further questions.

So I think what we're doing is trying to follow the next question would be which Kessler Gambral has for this witness, and we're trying to call it.

All right, that's fine.

Yeah.

Okay.

Thank you.

No worries, I'll get to ask it.

Yeah.

Okay.

That's all that.

Thank you.

Commissioner Garbrill or Burl, did you have any additional questions for this witness?

No, for that.

Or the applicant.

Commissioner Gambrel.

Okay.

Thank you, sir.

Thank you.

I do have one.

So I'll recall Alicia Webb.

Thank you for a brief redirect.

And I think it would be appropriate, Commissioner Sheffield, for you to ask your question.

Sure.

Um, Alicia's Montessori considered a school or nursery.

Um and this I'm sorry, a daycare.

Um they have applied their business licenses for a Montessori school.

Okay, thank you.

Okay.

Commissioner Barrell.

So if this were a daycare, it wouldn't have to meet the 600 foot rule.

If the daycare included a school, it wouldn't.

In most cases, that is what happens.

There's a daycare they also offer pre-K, sometimes you know, first and second grade.

So it just depends on the makeup of the facility and how they operate.

But if there is a school involved, then it would have come here, yes.

Okay.

Okay.

Yes, just to clarify.

So if you are a daycare but you have the pre-K program through the state, you you qualify as a school.

Yes, sir.

And most daycares offer that pre-K.

Yes, sir.

Most but not all.

Okay, right.

Correct.

Okay.

Are there any other questions?

No.

Okay.

Thank you.

Um excuse me, Bill or Sam.

There's been a question asked if there are any persons from the community that are here.

I don't know what the protocol is for consideration of that.

Well, they're not entitled to speak.

Okay.

If they didn't file a timely written objection, unfortunately.

Okay.

They're entitled to speak at a public comment section, which is open, you know, not to any individual agenda item, but for any comment.

Okay.

But unless they filed that written objection, my reading of the code is there, they can't be heard at the case in the uh case before.

Thank you for clarifying.

We have public comment period has closed.

Yes.

Commissioner Brown.

Yes.

And they are aware of that.

I just wanted to see if there was anyone that showed up just to hear the process here.

No, I know they know I know they can't speak, but I just I can't ask that, or sure we can ask if anybody's in the audience, but I anybody in the audience that's that's here to speak.

I don't think there is.

Is there anyone here in the audience that lives in the community proximate to this that is here, particularly for this hearing or the school or the school?

Okay, thank you.

Thank you.

Okay, does that take us to our closing?

It takes us to our closing.

Um typically we give each side three minutes for them to be able to close.

Okay.

So this is a signalized intersection of two major roads.

It's important to have services on both sides.

It actually helps intersection function better to have right in, right out on both sides of the road.

And he has taken on a very expensive project to re have and make functioning again a store that has not served the community for 10 years.

And he wants to make it into this.

That he's testified that's a two million dollar investment.

Not only is that a significant investment, that investment includes some significant road improvements that are very expensive.

And to do all that, he needs a convenience store that can convey compete with the competitors, which are directly across the street.

And there the only evidence before you today aligns with this uh code section six-124 and one twenty-five.

The only evidence before you is that and and I did not know until we talked beforehand that he owns a daycare just down the road that also has the pre-K program.

The questions from the community, I put him in an email stream as he testified to uh so that they can uh monitor the operation and ensure compliance with the zoning conditions, which included again not to be repetitive, but the significant road improvements.

Um this is the end result will be a convenience store that will have robust inside offering, uh, but also have the convenience item that you expect, which is on a Friday evening you can buy beer, and if you don't have that on your Friday evening, you don't go in there Monday morning for your biscuit, and so that's the reason why, and I think you you've heard from my client who could not be a better representative for a store that's going to be embedded in a neighborhood in part of that neighborhood, he pledges to serve that neighborhood well, uh, ensure uh that that alcohol sales is compliant.

And I do want to just make this point very clear, and I know it's kind of hard.

The question isn't whether you'd want to live close to a convenience store, because the convenience store is gonna be there one way or the other.

The convenience store can sell all the other items that we're talking about.

He said he's not gonna sell vapes and stuff like that, but typical often convenience stores do that.

But the question is is whether adding beer and wine to it is a negative impact.

So the convenience store there, the traffic's gonna be there, it's whether the beer and wine component of it, and I don't think there's any evidence.

There's been zero evidence presented to you, presented by this county, uh presented by the community that this would have that the alcohol component of it would have a negative impact.

And I do just have to bring back the site plan that shows what's actually zoned there, which is a tunnel car wash.

The noise and impact from that is gonna be a lot more deleterious to the community than any alcohol as a component of a successful and vibrant convenience store.

So we ask that you follow what your licensed review board does.

Mr.

Hospiger approves of.

Thank you.

Thank you.

Thank you, Madam Chairwoman.

I will be brief.

Um, Mr.

Parks and Mr.

Ahuja have made a very good presentation about the type of establishment that this will be, and the fact that uh this space has been sitting there vacant for quite some time, so it's certainly conceivable that what they're planning to do, and which has already been approved from a zoning standpoint, um, will be a benefit to the neighborhood.

However, as Mr.

Huff has pointed out, this is a the only consideration, the only matter that's before this board today is the alcohol license.

And he has rightly put up the code sections that are relevant that must be considered, and that's 6-124 and 6-125.

Okay.

And understand that those provisions require a denial of an alcohol application if it's within 300 feet of the residence, 600 feet of a church park school or library, and it cannot be waived unless the criteria that we've all been discussing has been addressed to the satisfaction of this board, which is why I ask Mr.

Ahuja, have you retained any experts to show that there are no effects to the property values, that there are no adverse effects to the use and quiet enjoyment of these facilities?

That is the question that's before this board and must be answered to your satisfaction to authorize you to wave this requirement.

And if not, then you're required to deny the application.

So it's a bit of a gray area here.

We have some testimony that certainly could be considered relevant to those considerations, but it's largely speculative.

We don't have an expert who has come forward, and to be fair, we rarely see experts in these types of hearings because it is expensive, as Mr.

Ahuja said, to retain an appraiser and actually analyze what would happen to those criteria if an alcohol license were in effect at this particular establishment at this convenience store.

But that's what this board has to wrestle with and focus on.

Have you heard enough testimony?

And I'm gonna disagree with Mr.

Huff as to whose burden it is.

The the ordinance presumes that if you're within those distances, then it creates an adverse effect, and that objection can be overcome by the applicant if they present sufficient evidence to do so.

So those are the things you're gonna have to wrestle with.

Is there sufficient evidence before you in order to be authorized under our code to grant this alcohol license?

Thank you.

Thank you.

With that, I will turn things over to our commissioner.

Well, I I do wish you had reached out to the school, regardless of the procedure that you followed.

I know you know, with the signs and everything, uh, I'm still not comfortable with that, but also I does uh a little Miss Webb or Mr.

Hensley have any recommendation can we do that like time?

Um I I think that this is within our discretion.

I feel very uncomfortable.

Yeah, you're sitting as a quasi-judicial officer, and it's only to consider what's the records before you to be able to make the decision based upon the code sections that have been discussed and the evidence presented by the parties.

Thank you.

Thank you.

So any of my fellow colleagues have any discussion or suggestions.

Can this be held for them to work with the daycare?

No, this is a decision for the board to make.

But can it can the motion before there is no evidence right now before the board that would say that that there's any objection by the daycare?

None of that is before the board.

Okay.

I'll begin with Commissioner Gambrill to see if you would like to weigh in.

I guess you know, defaulting back to the license review board has recommended approval.

There has been no testimony given to counter their decision.

Um, so therefore I would be supportive of the LRB board decision.

Thank you.

Commissioner Sheffield We generally see these applications where the burden is placed on the community as to why this business should or should not be at a location.

Um I would have also liked to have known what the conversation would have been like with the Montessori school.

I think that would have been extremely helpful, considering there's such a gap from the distance requirement.

Um with the initial application, obviously it was denied because it didn't meet the initial criteria.

But I find generally when we go through the process of the license review board, um, in most cases, it's passed along to the commissioner for approval.

But I the challenge that I generally have with the application, um, which was mentioned earlier about there not being a professional appraisal, and again, we don't typically have that here, but I think if that's going to be a basis in which an applicant feels it's one of their strongest points, then I think it would be helpful to have an appraisal done at the property just to kind of give us some insight on whether or not it will impact the community.

Um the building has been an eyesore.

I completely agree with you there.

I think that the renderings look great.

Um, but I I'm just concerned of the distance requirement to to the school.

So for that I I'm not supportive.

I'll um weigh in and just oh, or I'll share that I am supportive of the application.

I think we are subjecting the applicant to a greater burden than the nearby applicant that got a business license or alcohol license near him.

When asked the question about the restaurant next door to his daycare, if they approached him, they did not approach him.

His director approached him.

So here he is similarly situated to someone that we are holding with greater sensitivity than what we held him to, and he has a daycare in the area, and this is atypical for most of our applications, but we typically don't have someone situated that has someone with that type of sensitive use that can be the basis for why application is denied, and being an applicant themselves.

So I think if they're probably a someone that would have a higher understanding, it would be someone that is uniquely positioned as this applicant.

Schools, I think particularly if there's a higher grade level school where kids are walking to and from school, there may be a different consideration.

But for Montessori School, children are typically being dropped off at the door and going into the school, and their activities around the school, if they are outside, are governed within the footprint.

This is not like a regular school.

I'm not saying that public schools or private schools should be regulated differently, but even if this were a private school, if you were to go to the web school, well, this is not evidentiary because it wasn't presented, but I also went to the website for the Montessari school, and the ages are up to 12 years.

And it's atypical.

I'm not saying that it's completely barred, that you would have multiple 12-year-olds walking to and from a Montessari school of which that would have a negative impact.

I'm concerned about us being arbitrary and capricious about why we would not grant this alcohol license, even though we granted it right across the street with someone that has similar circumstances to this applicant.

And therefore not only looking comparing both situations, but looking at this applicant uniquely and perceiving that here we have an applicant that is likely to be more sensitive to not having that adverse impact, who has had a history of having these sites near residential areas next to a mayor, and has been a neighbor that has not had challenges, or at least there's been no evidence provided of challenges that those other sites have had.

Now I could weigh and I shouldn't have when we had a prior hearing.

So that we're not here to debate the criteria for zoning.

And unlike the last hearing we had where the alcohol seemed like it was the main theme of the rest of the gas station, this is not that it's a small percentage of their sales, and I don't see that being the main attraction, and we certainly have here a different circumstance where there they are acknowledging.

I think we should probably ask this for all of our applicants if they're gonna have vaping and those other things because I think it does create a different climate for us that perhaps we haven't really weighed differently than alcohol sales.

I think maybe there's some state opportunity to look to look at should um should we not consider vaping with as high a bar.

Um but I am I'm completely supportive of this applicant this applicant moving forward.

If I'd like to add, um one of the things that I really appreciate about this process is that we have an opportunity to review each of the applications on its own merit.

Each application is different, the circumstances are different, even if they're adjacent properties, there's still differences within the applications that make each of them unique.

With respect to, I think it was mellow mushroom and Moxie burger, the differences, and I'm not saying that this you know should have more weight than what's before us, but those are also restaurants.

So, you know, when we have these applications, and we're looking at them in their unique character, it gives us an opportunity to decide on whether or not we feel that it would be appropriate at that site.

So I don't want you to think that you know we granted these guys, and therefore we're pushing back on you because of the nature of your business.

But I just want to make clear that you know, from my perspective, when I review these applications, each are unique in their circumstances.

Um, and that's all I want to say.

Thank you.

And that's received.

Our code just doesn't can have any different consideration if it's a restaurant or convenience stores, just if it's an alcohol license on its face.

And I think that I'm not saying we can't do that differently, but there is no higher or lower bar based on those different uses.

It's whether or not there's alcohol accessible via sale or not.

Right.

And um the only different commissioner, please let me continue and you can wait till I'm done speaking, please.

Well, I thought you were done, pardon the um when we're looking at percentage sales.

I know that when we have that factor factored in, it's typically when there's a restaurant sale, but just looking at the alcohol sale on its face, there has been no difference of consideration that distinguishes a restaurant or or not.

And I you know, the only reason I'm responding because I I just don't want there to be some unique perception of there being a different bar that has to be met with respect to that.

And if there is, I know we're trying to take a look at revising our alcohol code.

Maybe that's something that we do at a later time, but right now that is not a a factor um that that's set out as an element of our um alcohol code.

Right.

No, and I completely uh agree with that, and and I do agree that there is an opportunity for us to revise our code.

Um, and I also agree that we don't give deference to one business or the other, and the code is a little unclear in that regard, but the clo the code is very clear on the distance requirement, and that's when I'm basing my decision.

Okay, that's fair.

Yes, okay, so any other comments.

Um I too am struggling with the distance requirement for this mainly for the school.

Um I believe you, Mr.

Huff, you did reach out to the resident.

That's less than 300 feet.

Um concerned that there was no contact with the school prior to, even though it's not a requirement of the process.

Um but the signs even posted properly is a concern because they weren't recognized by the school or the um neighborhood, and I wasn't aware that it was going through LRB either till it got to us.

So my motion is going to be to deny the license review board's recommendation.

Okay, are there any other comments or questions?

I would just like to share that there was um testimony about how the signs are placed on the property, and just because someone does not see a sign or respond to a sign, does not necessarily mean that the sign wasn't properly posted, and again, I'd hate to use that as a bar unless I mean there have been zoning hearings where we definitely have had people that did not properly post signs, but I don't know if we should use this as a basis for denying and maybe I'm interpreting that differently, Commissioner Gamble.

I don't know.

No, Chair, I agree with you because that to me goes back to the original application process before Ms.

Webb initially denied it for distance.

That that is like the precursor before it even gets to the LRB.

So to me, that is not uh a factor we should be weighing in because we don't control that portion of the process that started to where we are today.

So I agree with you.

Thank you.

Are there any other comments or PS?

There's a there's a motion, uh, but there's no second at this point in time, so you need the second.

Thank you so much.

And then and then thank you for sharing that.

Okay, so we do have a motion for denial.

It will need a second, second.

All right, is there any further discussion?

We'll call the question.

The motion fails to pass um with Commissioner Burl and myself in opposition to the motion.

And it's tied at this point in time.

So it would be stayed before the board.

And I'll give uh Commissioner Allen an opportunity to be able to review the hearing.

He's limited to just what was presented and is part of the record.

And then we can schedule it for the next BOC meeting for him to be able to to vote on this item.

Okay.

Thank you.

Yes, you have a question.

One correction.

Um Commissioner Sheffield.

You and Gamble opposed.

Yes.

That's what I said.

No, you said as a commissioner gets Commissioner.

I apologize.

Okay, I apologize.

Thank you.

Commissioner Gambrill and I are opposed to the motion that is before us.

Okay.

And I'll just ask the excuse me.

I would just ask the board.

Um it's scheduled for a later time.

We could schedule it for the next day meeting, or we can schedule it for the next um evening meeting.

However, however you prefer to do.

Commissioner Burl, would you like this to be held until the next day meeting or the next evening meeting?

Well typical typically have during the day.

So that's usually when we come back.

Correct.

It would not be discussing this again.

Okay.

Correct.

It would just be the vote, Commissioner Allen.

His comments in the vote.

Yeah.

Okay.

So it could come this month at the night.

Just for him to that's the board's.

Okay.

Well, um if you want to to give him enough time, we can schedule it for the next day meeting.

If you it's up to the board.

I proceed.

I perceive too.

So the night meeting in two weeks.

And it'll just be an agenda item for Commissioner Allen to vote.

To vote, and then depending upon what that vote is, then there could be a an additional vote after that.

It just depends.

So thank you.

We will have um this matter followed up again at our next evening meeting, which is two weeks from now on the date of September twenty-third.

With that, we are adjourned.

Thank you.