Welcome to our Cobb County Board of Commissioners regular meeting this October fourteenth two thousand twenty-five.

I'm pleased today that we have Pastor Chip Dean with us.

He is from First Baptist Church of Powder Springs.

He will be providing our invocation for us this morning.

That will be followed by the pledge, which will be brought by Lieutenant James Nurlich of Fire Station 14 B Shift.

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

Let's pray together, Heavenly Father.

We pause this morning to remember that all authority comes from you because you are God.

You are the maker of all heaven and earth.

God, you were the perfect one.

You are the glorious one.

You are all good.

You are all loving.

You have all grace and you are all mercy with all mercy.

You govern with perfect wisdom, justice, and your love.

We thank you, God, for the men and women who serve on this board of commissioners for their willingness to lead, to listen, to labor for the good of our community.

Lord, we ask that you would give them your discernment today as they steward the trust of the people of Cobb County.

When choices are complex, God, we ask that you would make your wisdom clear to them.

God, when opinions may even differ, God, give them unity without compromising of conviction or truth.

When decisions are heavy, God, we pray that you would remind them that you carry the government upon your shoulders.

And God, that you are with them.

We pray for courage, God, for them to do what is right.

We pray for compassion to care for those who are vulnerable.

We pray for conviction to lead in ways that bring justice, peace, and flourishing to every neighborhood.

God, we pray that you would bless the employees who serve under their direction, the families who support them, and the citizens who are affected by their work.

God, may this county, our county be known for integrity, equality, unity, opportunity, and generosity.

A place where families can come, live, thrive, businesses can prosper, and neighbors can love one another well.

Above all, God, we pray that your kingdom come and your will be done here in Cobb County as it is in heaven.

We ask these things in the name of Jesus Christ, our Lord, the ultimate servant leader and Prince of Pea.

Amen.

Good morning.

If everybody could just please join me in saying the Pledge of Allegiance.

Bless us like that.

The first presentation is to present a proclamation on honoring Croy Engineering.

For those of you who are here as a part of that presentation, please join me up front.

And whereas during the past 20 years, Crowy has provided exceptional services in engineering, program management, construction, inspection, planning, environmental studies, and surveying, delivering projects that have improved our quality of life, strengthened our infrastructure, and advanced innovation across Cobb and the Southeast.

And we're asked with a strong commitment to client service, employee growth, and community partnerships.

Croy has been recognized with numerous accolades, including top 100 design firm honors by ENR Southeast, Best Firms to Work for by the Zwai Group, and multiple awards from state and national organizations, including Engineering Excellence Awards and Project of the Year Awards from the American Council of Engineering Companies of Georgia, Georgia Airports Association, American Society of Highway Engineers, and the Georgia Department of Transportation.

That's a long list.

Whereas Croix's dedication to fostering engineering excellence has not only contributed to award-winning projects, it has also earned the firm recognition as engineering employer of the year by the Georgia Society of Professional Engineers in 2022 and by the Women's Transportation Seminar Atlanta chapter in 2021, highlighting a culture of mentorship, leadership, and innovation.

Now, therefore, we, the Cobb County Board of Commissioners, congratulate you, Croy Engineering on your 20th anniversary.

We commend you for your decades of outstanding service and community impact, and we extend our best wishes for continued success in shaping the future of Cobb County and beyond.

This the 14th day of October 2025.

Congratulations.

Thank you, Madam Chair.

Thank you, board.

We greatly appreciate Cobb County fostering a great environment to build and grow a company in, and we just really appreciate the leadership of the board and helping foster that environment.

So thank you all.

Yeah, just thank you so much for the um the partnership.

We love to invest in our communities, and this has been a wonderful place to not only live and grow a family, but also work in just a great environment.

So it is a blessing.

Also to the staff in the room and to all of our friends that are here.

Thank you for going along the road with us.

We look forward to the next 20 years.

Congratulations.

Okay, we will have our next presentation, provide a proclamation designating October 9th as Ageism Awareness Day, and that will be brought by our Commissioner Gamble.

Good morning.

Good morning.

Good morning, thank you for being here.

It's with great honor that I give to give this proclamation.

Whereas discrimination based on age, ageism can affect anyone, but older adults are particularly vulnerable, and ageism can negatively impact their health, longevity, and financial well-being.

And whereas there are an estimated 155,000 adults aged 60 and older in Cobb County who may experience ageism in daily life, and whereas persistent myths suggest that older adults are less sharp, less productive, or less technologically savvy than younger individuals.

These beliefs are false, and older adults should be recognized as capable, contributing and valued members of society.

And whereas addressing ageism in education, employment, housing, and health care benefits the entire community.

Cobb Senior Services continues to lead efforts in challenging societal perceptions of aging through its innovative programs and services.

Now, therefore, we, the Cobb County Board of Commissioners, do hereby proclaim October 9th, 2025 as Ageism Awareness Day in Cobb County, and recognize that it is responsibility of all of us to ensure that older adults are respected, supported, and recognized as competent, effective, and valued in every aspect of community life.

This is the 14th day of October, 2025.

Thank you so much.

First off, thank you, Commissioner Gambriel, for this honor, and thank you to the rest of the board.

We really appreciate the acknowledgement.

One of my most favorite videos that we use a lot when we talk about ageism is uh a video that's done by ARP, in which they ask young young people, uh, what do they think old is?

What age?

And they come back with 40, 45, 55, 60, and everybody's looking a little bit.

Oh my gosh.

Uh, and after they ask that question, they pair, you know, the 20-something-year-olds and uh with older uh adults, more mature adults, and they ask to teach each other something.

At the end of this exercise, they ask the question again.

So now, what do you think old age is?

And the answer is, you know, there's no age, or it may be, you know, 90, 95 a hundred, uh, because the older, more mature uh adults did everything, everything that that the younger folks did, and really even taught them more more things.

So there is so much value, and I think that as a society we need to have a different perspective.

So thank you so much for this honor.

Okay, before you can come in.

All right, here we go, everybody.

Three, two, no one, thank you.

Thank you.

Our next presentation is to provide certificates of recognition to members of Friends of the Concord Covered Bridge Historic District.

For those of you who are part of this presentation, please join Commissioner Sheffield up front.

Thank you.

Good morning, friends.

How are you this morning?

Good.

You're looking awfully friendly this morning, so thank you for that.

Appreciate it.

Come on, let's wrap around.

Just move back a little bit because Ross is gonna take pictures at some point.

Yes.

There you go.

The Cobb County now, these are several certificates that I'm going to present, and all of the wording is pretty much the same with the exception of Miss Burns.

Yours is slightly different, so I'll save you for last.

The Cobb County Board of Commissioners congratulate you as a member of the Friends of the Concord Covered Bridge Historic District for using the power of preservation to shape the future.

The recent installation of the Tony Morrison Bench and Matilda's Garden is a powerful testament to your efforts.

The bench honors a Nobel Prize-winning author, while the Garden pays tribute to a formerly enslaved woman.

The organization is an inspiring example of how grassroot-led efforts can create lasting positive changes for Cobb County.

This the 14th day of October 2025.

Ronald Gauss.

Philip Ivaster.

Right.

Dave Malloy, that would be you.

And Miss Angela Presley.

Absolutely.

And Robert Roach.

Now for Miss Patricia Burns, who pretty much spareheaded this effort.

Yours is very similar, but it's slightly different.

So I'd like to read hers.

The Cobb County Board of Commissioners congratulate you as a member of the Friends of the Concord Covert Bridge Historic District for using the power of preservation to shape the future.

The recent installation of the Tony Morrison Bench by the road at Matilda's Garden is a powerful testament to your efforts.

The bench honors a Nobel Prize-winning author, while the Garden pays tribute to a formerly enslaved woman.

Your dedication to community engagement is evident in the successful effort to trace the descendants of Matilda Rough, culminating in a visit from her great great granddaughter.

This the 14th day of October 2025.

Okay.

Commissioner Sheffield, thank you so much for this uh honor.

It really is a special thing.

I recall that about two years ago we started this journey together.

When you came to the historic district, it was very special to have a county commissioner come and say, Hey, I want to walk through the district.

I want to understand what we have as far as local history, the importance of it, and frankly, how the community treasures the historic district.

That includes Heritage Park, Silver Comma Trail that's right there.

And uh so I appreciate your personal attention.

I know it took budget to accommodate us.

You never said no, it was very special.

And of course, Cobb Parks, Mr.

Brantley and his crew installed the bench, got everything set up, and Matilda's garden is there.

Hundreds of people every month visit that bench today.

Uh I live nearby and drive by the bench, and almost every time I drive by there, someone's sitting on the bench reflecting, frankly, on what the history of Cobb County is.

It's uh it's one of the most important parts uh in the entire county, most beautiful area.

So thank you again.

You're very welcome.

Would anyone else like to say anything?

No.

Okay, okay.

Um, we can take a photo now if you want.

Sure.

I'll take mine back then.

I guess that here.

Okay, good.

Here we go.

Great.

Thank you.

So because there will be there's a presentation for Brantley.

So you're allowed to all right.

We will move on to our next presentation, which is related to present our parks director, Michael Brantley, and his staff, a framed commemorative illustration of the historic Concord Covered Bridge.

Good morning, Chairwoman, Board of Commissioners, Mr.

Sheffield, our friends.

It's an honor today to say that the Cobb County Board of Commissioners recognizes the presentation to Parks Director Michael Brantley and his awesome parks staff for their instrumental work with the Friends of the Concord Covered Bridge Historic District.

Through months of collaboration, Director Brantley and his awesome team assisted in identifying the Concord Road civil comet trailhead within the historic district as the location for the Tony Morrison Bench, as well as the Reflective Guarding honoring Matilda Ruff, which you just heard a little bit about as a formerly enslaved woman who resided in the Covert Bridge area.

So this morning I turn it over to the Friends to recognize Michael and his team.

It's right here, sir.

Mr.

Brantley, your team, it's good.

It's great to see all you guys, right?

We've we've become friends and and uh collaborators, right?

And the great success of the establishment of this bench.

As uh as you may know, Tony Morrison, Pulitzer Prize winning uh Nobel Prize winning author.

This bench is is not only in her honor, but also those that were enslaved in Cobb County.

Uh, and it's done in a way that is both sensitive to the to that topic and also enriching.

Uh, we've heard time and time again how much people appreciate having a uh memorial really to the ancestors that preceded us here in Cobb County.

So, Mr.

Brantley, again, like I said with Commissioner Sheffield, you never said no.

So, every everything we asked for, you did for us.

And we have a frame print.

This is from Don Don Pedigrew is the uh is the artist in 1986.

We commissioned this print.

Susan Brooke here uh commissioned it, and uh we give these prints out as an is uh to both to our membership and to uh honor our partnerships.

So thank you so much.

Thank you so much, sir, and your team.

Great crew.

Every one of you, thank you.

Thanks.

Charlie, sir.

Thank you.

All right, one last thing.

Josh, thanks.

Candace, you guys are you're outstanding.

You're you're there every day.

So one last thing I'll mention.

Um, Cobb Tourism.

You care about that, right?

Commissioners.

Do we care about tourism?

We are a tourist site.

Over 10,000 people have taken an audio tour, audio tour app, download it on the app store, Concord Covered Bridge dot org.

Uh, you can get it from our website.

And you can take a one-hour, hour and a half walking tour of the historic district.

I would challenge each of you to come do that.

I brought some brochures for the commissioners if I could.

So thank you.

We can get picture, huh?

Strictly, this is on behalf of uh Cobb County Parks.

Um, I appreciate it, and I I proudly accept the award, but really it is the folks behind us that that did all the work.

Uh they're the ones that are out in the field every day that are taking care of the residents of Cobb County.

And I could not be prouder of my staff of the things that they do.

They wow us every day.

Um, so it's it's just a blessing, and we will actually be able to put this up in our office so everybody can see it as they come into our parks office.

So we're extremely happy.

So thank you to the Concord Cover Bridge Association, specifically, Commissioner Sheffield, um, for you know helping us get through this uh this project, and again, let's let's continue to do more.

Absolutely.

Someone back there.

All right, here we go.

Three, thank you.

We want to see nice here.

Get around the corner.

Turn over here, yeah.

That's pretty.

Thank you.

Our former public safety directors and fire chief Sam Heaton.

Good morning, Chairwoman Cupid.

It's good to see you, Board of Commissioners, County Manager.

Um, my name is Sam Heaton.

I am the vice chair of the uh pension board's uh board of trustees, and I'm gonna give you a brief report of the uh trustees uh annual report.

So uh our board of trustees is made up of uh, as you see here, Roger Tudor is our president, and Roger sends his regrets for not being able to attend.

He usually does this report.

Uh he had a prior commitment, and that was done before this date.

Uh so he sends us greetings and apologies.

Uh I am Sam Heaton, I'm vice chair.

Craig Owens also serves as well as Jim Harner and Bill Volkman.

Our investment advisor is uh UBS Financial Services.

They are the ones that screen our uh management firms and fund managers.

Our master trustee is Truest Bank Actuary, Kavanaugh McDonald Consulting, and our legal advisor, Troutman Sanders.

Um the charge to the board is basically charged with the responsibility for the selection and retention of investment managers and as a custody uh custodian for the assets of the pension plan and retirement health care plan.

Uh the trustees are responsible for the approval of investments options options available for the employees and defined uh contribution plan or the 457 plan.

Uh our purpose is to invest the assets of the plan in a prudent manner such that the safety of the principal is preserved while providing reasonable returns and in general avoiding speculative investments.

What drives our fund is the design of the benefit plan that is designed by the Board of Commissioners, which includes our employee contributions as well as the employer contributions, meaning the Cobb County contributions.

And I do want to say that the board, pension board, is very appreciative of the Board of Commissioners that uh continues to support that plan and meets the actual requirements each year.

So thank you very much for that continued support.

It's also based on our performance assets, which is basically how well the program is doing, our refunds, and then compensation of employees again, thanks to the board of commissioners and staff for each time there's uh employee changes and pay.

Uh the the board and staff work to make sure that fits within the pension plan.

So another kudos, thank you very much.

Couldn't happen without that.

Uh one part we cannot affect is the retirement, uh, meaning when people are going to retire, how long they're gonna live.

Uh the uh we do uh on occasional uh about every five years or so we'll do an experience uh report uh which looks at what's the current life expectancy of retirees, and I will tell you that that one is underway now and will be uh ready for next year's annual report to see if there's any changes in that mortality experience.

Our plan is uh basically two different ones.

If you all are very familiar with the traditional plan, uh which was a service factor of 2.5% per year with an employee contribution rate of 8.75.

That started lower but increased incrementally until it maxed out at 8.75.

And as you can see as a plan participants, uh that number is going down as more people retire and and leave the county uh in comparison to our hybrid plan, which began in January 2000.

I mean January 1 of 2010 and continues on for people hired thereafter.

It's a service factor of one percent uh uh per year of service with the employee contribution rate of three percent, and then the hybrid plan also allows the employees to make a voluntary contribution to the 457 with the county matching up to 4%, and as you can see on the participants there, that to continues to increase.

Uh I don't know the exact number, but we're about 40, 60 percent now on the two uh, so you're seeing more of the high I mean hybrid than you do of the uh traditional plan.

Our long-term trend is in good shape.

Uh as y'all know when we changed this plan, uh it started, and uh uh we were about 95 percent funded, and we anticipated a drop, and that drop did occur.

Uh things were moving okay, and then we had 2000, 2001 economic uh wasn't great.

Uh then we kind of leveled off, but then in 2009 and 10 we also had another uh economic issue, and slowly we have begun our crawl back up.

Uh I will tell you that we are uh much better shape today.

Uh last year we were funded at 61.4 percent.

Today we are at uh near 60 uh 4 percent, so we've increased quite a bit.

Um we do are on our annual percentage change.

We base our uh we say our what we want as a minimum return is 7.25 percent.

Uh that has changed over the years, but that's where we're at today.

And I will tell you uh that uh seems to be a good number, and I'm gonna give you an example of that in just a second.

Uh the next shows uh the red line is our projected.

Uh this is what our actuaries projects uh we should be at, and the green or blue, I'm not sure how it's showing up on yours, is the number that we are at.

So we are stand above what we uh projected number is, which is a good sign.

And uh as you go to the last slide there, uh you can see uh you remember we we wanted to have a maintain a 7.25.

Uh you look at since inception in 1994, we have maintained eight uh 8.23, 8.34.

So we are uh staying within our plan, and uh I'll say that uh compared to other pension plans our size, uh, we're in good shape.

Uh we do uh much better than many others in this uh and a lot of that depends on uh support from the board, uh the people that we are using for our advisors.

And uh so I want to say and end by just saying that uh the equity market has been good, as y'all know, uh for a few years now, but uh there's no guarantee in anything, uh, but we will continue to monitor that as a board and keep you informed as we move forward.

So that's my brief report, and I'm open to any questions uh that you may have.

Thank you, Sam.

We'll take any questions or comments from commissioners.

Commissioner Burrell.

Good to see you again.

Get your commissioner and in a suit.

There's shorts under here.

Um the chart that you had with where we are and our projected amount that we're above the 60 percent.

And the red line that goes to 100 percent, is that the year we 2040 or whatever that we are will be fully funded with this?

So, yes, and then we get it back.

Your your notice, and it does say at the top, and I failed to read that projected to be 80 percent funded in 12 years, 100% funded in 19 years.

So we're on the um track as we had planned.

Again, we we got to just monitor this as things change uh and adjustments may be needed, but uh right now we're right on right on target.

Thanks.

Okay, thank you.

Any other questions?

Thank you so much for your presentation.

Thank you.

Good to see you guys.

Thank you.

Thank you, buddy, for your backup.

Backup.

That takes us to our first public comment.

Turn things over to our county attorney.

Thank you, chairwoman.

Um, as the board provides the podium for public comment, it's appropriate to review some of those related meeting rules.

Please state your name, and if you're speaking on behalf of an organization, all comments should be made to the commission as a body and addressed through the chair.

Public comment is not a dialogue with the board, but an opportunity for speakers to provide their comments to the board.

Comments should not be slanderous.

The board encourages, regardless of the topic for the audience to be respectful and courteous to all speakers.

Everyone attending this meeting should give others the right to both listen and to be heard by treating each other with civility.

Statements made during the public comments portion do not necessarily reflect the opinions of the board or the administration of Cobb County government.

There's a timer on the podium to keep track of your three minutes.

The first speaker is Anthony Coleman.

Good morning, commissioners.

First of all, I want to say thank you.

I appreciate you guys' service and what you're doing.

We know you're interested.

You need to state your name, please.

Anthony Coleman.

I apologize.

Uh good morning.

I want to say first of all, thank you for you all's commitment and dedication to serving our community.

Uh, first of all, Chairwoman uh Kubick, I want to say that uh I love what you guys are doing.

I love the way you guys tried to work together in a united way.

I know it's difficult sometimes, but uh, I just want to say uh thank you for what all you do.

Uh you know, what you do is not an easy job, believe me.

I've been there, done that for 15 years and took a lot of hits, but that's okay, you know.

Uh the love and the passion that people have to serve the community, it means a lot.

Uh I'm here this morning on behalf of the Veterans Memorial Center Foundation, and I just want you all to know that I support this.

Uh when I came in, Commissioner Allen pulled me aside.

We had a short side uh sidebar, and uh I'm not gonna go into it.

What I'm gonna do now, uh, Commissioner, is I'm gonna just call your office, and we sit down and have a meeting.

Are you fine with that?

And Commissioner Gabe Gambrel call you, and I want to try to do it together with both of you all.

So we'll all be on the same page.

Uh you indicated to me when I came in that you were committed and dedicated to seeing this project move ahead, and I certainly appreciate that.

Uh I'm passionate about it.

I want to share this.

He's deceased now.

This was my father's brother who served in the United States Navy.

And I tell you, uh, if he was living today, he would still bring me an Atlanta Falcon uh football helmet with Claude Humphrey on it from 1968.

If we go back that far.

But the sacrifices that these men and women have made here in our state in our county is tremendous to sacrifice your life to serve this country.

It means a lot.

And we're gonna be approaching Veterans Day on November the 11th, and it's gonna be all about Veterans Day.

Although my birthday is only a Veterans Day, and I'm proud to be born on Veterans Day.

And I met Joanne first when she was working for waste management when we were doing the contracts from the city for waste management.

And Joanne, I want to meet with you also.

And I want to get your side of the podium too on this on this on this project.

And I just kind of heard on a sidebar that some splash money was moved from somewhere to the other, but I want to sit down with we can all be on the same page.

Mr.

Coleman, your time's up.

Next speaker is Donald Barth.

Donald Barth, good morning.

First of all, I want to remind everybody for our India Hindu people.

We will be celebrating Diwali, and that will be on the 20th of this month.

So we want to be inclusive of everybody in Cobb County.

Second of all, I was handed that as I came in, and I don't think it's appropriate because I think that when it comes down to the chief ferrule, I think good things take time.

And Cobb County deserves the best, and I think we've gotten the best.

I think it's gonna take a minute to work out whatever those finite details.

I don't do details.

You know that.

And by the way, I heard you, Kelly, say competence when it talks about seniors.

Remember.

When we get down to it, I did come in here to talk today about the rain tax as they're blowing up the internet plane.

There is no rain tax.

There will be no rain tax.

There will be a storm water fee.

We need a stormwater fee in Cobb County.

I saw where Mr.

Eric Allen said we're gonna do something.

We don't have an option to do nothing.

Cobb County continues to grow.

That means storm water continues to flood.

We have to come up with a plan, and I want to know that you are going to work with the general public, explain what that money is going to do.

It doesn't need to go in the general fund.

We need to come up with a plan, a competent plan.

And we talk about this one person on the internet comes out and says, Well, it has nothing to do with me.

Well, I hate to tell y'all, but my backyard is being flooded by something that was county and now it's city, but that's also local versus global.

This is a global problem.

This is not just Cobb County, and the water that we manufacture on this side of Cobb County winds up down on the other side of Cobb County.

So other than that, I'm happy that we're going to get a new chief.

That is great news.

I can be patient two more weeks, and um hoping that y'all will listen to what I have to say.

We need to get out ahead of the storm and say there is no storm.

What there is a storm water tax there's that competence.

It is not a rain tax.

We need to address the flooding problem.

And anybody that wants to start a video, come over to Cobb County on my side, and I will show how Cobb County floods comes under Powers Ferry and floods that side of Marietta.

It's not Mr.

Barth, I'm sorry your time's up.

We're gonna have to address the next speaker's Kim Peace Hill.

Good morning.

I'm Kim P.

Hill, live in Kennesaw, and I'm a registered voter in Cobb County, a resident of Cobb County.

Um I'm here because I'm deeply concerned, as are a lot of residents, about the way the appointment of Dan Farrell as our next chief of police is being handled.

Specifically the last minute request by chairwoman Lisa Cupid to delay his swearing in by two weeks, followed by her last-minute cancellation of a press conference that she herself called.

The county's official statement says the chairwoman, quote, originally sought to address issues related to the search and selection process, and that she now supports the board's choice, but only if she if the swearing in happens on October 28th rather than today.

This room would have been filled today with people holding those very signs had you not canceled your press conference yesterday and had such a savvy political move take place yesterday.

Let me be clear.

Demanding that Farrell be sworn in today.

What the community does demand is that his two-week delay not be used as a window for more interference, backroom deals, or political games.

Because frankly, we don't trust you.

This process has already been dragged out.

There has been confusion, tension, and manipulation, and it didn't come from the public.

Chairman Cupid ran on the slogan, Cobb for all.

But lately, her reaction suggests this really is about Cupid for Cupid.

And let me say this directly.

No queens here.

No one is above the process.

No one gets to stall the will of the board representing the people for personal or political reasons.

The people of this county are watching very closely, and we expect this board to carry out its decision without delay, without ego, and without political theater.

We support the board's choice.

We support a fair and transparent process, and we will not sit silently by and watch more roadblocks suddenly appear between now and October 28th.

So let's move forward for all of Cobb County and not just for the chairwoman.

Thank you.

The next public speaker is Sherry Frost.

Hi, I'm Cherry Frost.

I live in Mapleton, Georgia.

Um, I have lived in Mapleton for almost 40 years.

I have been volunteering with the county for almost all of those years in various ways, um, including senior services and with parks, and so I really appreciated today's proclamation.

Um, I'm here today because of how I have volunteered.

I have had a privilege of watching how hard your job is, and I pray diligently over whether or not I should speak today because I want to encourage you in so many ways, in so many ways.

Um, and I know I'm supposed to, by direction, be speaking through the chairwoman, so I hope I'm not doing anything incorrectly by addressing individuals.

But Commissioner Sheffield, thank you.

Thank you for your kindness.

I live in your district.

You have taken time to show me what a human being you are and your compassion for the people in our district, and I could not be prouder to have you as my commissioner.

Thank you.

Commissioner Burrell, you have been incredibly patient with me.

I've spoken to you about this privately.

I need to do it publicly, and let everyone know you have been incredibly patient as a teacher and as a friend to everybody in your community.

So thank you.

Commissioner Allen, I had to watch you step into a role late in the game.

You have been gentle, you have had self-control, you've had arrows shot at you.

You came in in a very difficult position, and you have handled it with grace and professionalism.

Thank you.

Commissioner Burl, I'm sorry, Commissioner Gambrel.

I want to thank you for your faithfulness.

We've never had a chance to speak, and I think it's because you're so laser-focused on your district.

You don't want any distractions.

And I appreciate that, and I want to thank you for it.

And chairwoman, I want to thank you for showing love and not letting anyone steal your joy no matter what they're just throwing daggers at you.

It is an example for all of us.

And sometimes love comes in the form of rebuke.

You make very hard decisions, your discernment is incredible.

Every time you make a decision, someone's going to be disappointed.

But you have to lead.

And I'm just very proud to live in this county, and because of that, I respect every single one of you for what you do.

Thank you.

Peter Friedrich.

Peter Friedrich.

Cobb County, 760,000 residents, major universities, multiple historic cities.

When Cobb County takes a position, Georgia pays attention.

Senate Bill 375 is testing whether Georgia will allow foreign governments to weaponize our courts, and your response sets the precedent.

SB 375 writes a new category of discrimination into Georgia law, Hindophobia.

Here's how this term gets weaponized.

Critics of Hindu nationalism face death threats and rape threats.

It's used to oppose banning caste discrimination in American workplaces.

It provides cover for anti-Muslim and anti-Christian violence in India.

SB 375 gives this weaponized term legal force.

A Cobb County resident criticizes India's human rights record.

Someone claims Hindophobia, that resident faces legal jeopardy for opposing foreign government policies.

Cashmere critique, Hindophobia, caste analysis, Hindophobia, minority advocacy, Hindophobia.

India isn't waiting for this bill to target critics.

Court documents from ongoing federal prosecutions reveal Indian intelligence operations on U.S.

soil targeting American citizens for assassination.

Multiple individuals remain on threat lists.

These cases demonstrate the links to which foreign actors will go to silence dissent.

And SB 375 offers them a cleaner tool, litigation instead of violence.

Think about Cobb County institutions.

Kennesaw State Researchers analyzing Indian politics.

Corporate trainers at Lockheed Martin or Home Depot addressing global diversity.

Marietta Library hosting author talks in South Asian history.

Under SB 375, any of those become litigation targets if someone claims Hindophobia.

Here's what matters for Cobb County.

You are not just deciding about India.

Once Georgia establishes the framework that political criticism equals ethnic discrimination, every authoritarian government will use it.

Beijing lobbies for xenophobia protections, Ankara for laws against anti-Turkish racism.

Moscow for Rusophobia statutes.

Cobb County is being asked to set the precedent.

Accept it or reject it here.

Three actions.

One, adopt a resolution declaring Cobb County's opposition to SB 375.

Articulate the principle, Cobb County protects people from hatred, not governments from scrutiny.

Two, distribute that resolution to Georgia's legislat legislative leadership.

Use your regional weight.

Three, release a statement.

Georgia's courts serve Georgians, not foreign political movements.

The first domino falls or it does not.

Other counties are watching Cobb.

Stop the first domino.

Reject SB 375.

Documentation here.

Thank you.

The next speaker is Corey Barnes.

Good morning.

My name is Corey Barnes, and I've been working with Chairman Cupid and multiple departments since June of 2024 about the property next door to mine.

A property with a 20-year record of citations, fines, and empty promises of compliance.

At this point, the facts are well documented.

The house is occupied but uninhabitable.

Impermeable layers of trial of trash piled over a quarter of an acre, dead and decaying animals, dozens of feral cats, broken windows, no running water on a roof that's falling in.

The smell and contamination affect my home and my daily life.

But that's not what I'm here to emphasize.

The real issue is how the county continues to allow this situation to exist.

The homeowners exploited every gap in the system for years, requesting continuances, pleading no load, dragging cases out, and walking away with another fine and zero accountability.

He has learned that the system will bund before it enforces.

This is not a property problem.

This is a policy failure.

At this point, fines are meaningless.

Court appearances are performative, and the court's inability, the county's inability to secure compliance after decades, makes every single department and this board looks power powerless to protect its citizens.

And well, even worse if this house catches fire, as it very likely could.

The amount of debris and hoarded material and decay inside the structure poses a clear fire and biohazard threat.

If it burns, people could die.

And I have I will have nearly two years of documented pleas for help showing that I begged this county to act.

Today I'm acting, asking the board to do three concrete things.

One, direct an immediate multi-departmental review of this case.

Pull every record citation, fine, hearing, disposition, inspection report, and health and animal welfare record going back two decades.

Put the full docket of the desk on the count on the desk of the county attorney and the chair within 30 days.

Two, amend the new supplement ordinance to explicitly include occupied but uninhibitable properties beyond and provide civil remedies beyond fines, including emergency expedited civil abatement, property cleanup, leaning and seizure authority, and direct billing for remediation costs.

The current law's narrowness is what allows the cycle to continue.

Three authorize authorize immediate abatement action from imminent hazards, fire fire, biohazard, animal health risk, not more fines that are promptly paid.

If a property creates a public health or fire danger, the county must be able to clear it on an emergency basis and then bill the owner.

If the county lacks the legal tools to order cleanup and recoup the cost, the tools require rewriting.

If the county has already had these schools and not using them, the direct the responsible offices to use them today.

Either way, please start voting a procedural loop, protect neglect and endangered neighbors.

I have done everything the county has asked of me.

Documented complaints, repeated contacts since June of 2024.

Witnesses and evidence.

Not after another sedition, no.

I am asking for timelines and accountability.

Thank you.

Speakers for the first portion.

Um, but I'm gonna ask for just a brief moment of silence for those of you who pray, ask for you to consider that.

But for those of you who know Clint Mueller with our association of county commissioners of Georgia, his daughter has been kidnapped.

And um we're just I'm hoping I want to conflate church and state, but this is pricking my heart right now.

I just asked for a brief moment of silence before we continue our meeting.

Thank you.

We will resume our agenda.

We have our consent items, which have been scrolling on the screen prior to this meeting.

Excuse me, I need a moment.

Let me just take a second.

Okay.

Um we are going to our consent portion of our meeting.

The items for consent were scrolling on the screen prior to this meeting.

They will scroll on the screen when this meeting ends.

If we've had any changes, I believe we will be pulling agenda item 27 from consent for an actual hearing.

That is with respect to the elections board.

We also have had some revisions to agenda items 15 and 16.

Bear with me a moment.

Agenda item 15 just had the not to exceed costs added to that agenda item.

And that is with respect to the South Cobb water reclamation facility.

And our water system has the item number 16, and they're just some modifications to change order number six and change order number seven numbers, which change the total number and the supplement number five.

Chair will meet there's there's three additional uh add-ons to the meeting.

Okay, thank you.

Thank you for that.

I'm not see that excuse me.

All right, Commissioner, I'm gonna move that we add the following non-agenda items to consent.

I'll read them individually.

Each one of them need a four-fifths vote to be added to the agenda.

The first one is I move to authorize settlement of workers' compensation claim on behalf of Don Quimby Sepulvita to consent.

Is there a second?

Second.

Is there any discussion?

Call the question.

The motion carries five zero.

I also move that we approve the addition of the following non-agenda item, which is to authorize settlement of a workers' compensation claim on behalf of Savelle Graham.

Is there a second?

Second.

Is there any discussion?

We'll call the question.

The motion carries five zero.

Next, I move that we approve.

Well, why don't we add this?

I move that we add the following non-agenda item to consent.

This is to authorize settlement of Cobb County Board of Commissioners versus Travelers Property Casual Company of America in the U.S.

District Court of the Northern District of Georgia.

Second, is there any discussion?

We'll call the question.

The motion carries five zero.

Thank you.

Thank you, Commissioner.

We also want to make note of you a moment.

For agenda item number 39.

Excuse me.

For agenda item 39, this is with respect to the Cobb Marietta Coliseum and executive, excuse me, exhibit hall authority.

And that's a change from Cobb County Convention Center.

And then finally, to our minutes, there is a change to add the special call board of commissioners meeting on October 8th to the list of minutes for agenda item number 40.

Are there any other changes needed, Commissioners?

I know that was a lot of changes to one consent, but there are a lot of consent items today.

All right, with that.

Second.

All right, is there any further discussion?

Commissioner Gambrel.

I do not support agenda item number 39.

Okay, and I believe that's with respect to the name change of the convention center.

All right.

Are there any other comments or questions?

All right.

Commissioner Bro, go ahead.

Um, I would just like to point out that we did receive a letter with the name change approved by that board.

Okay, before it came to us.

We just got that yesterday, so I'm probably not in the revisions, but we do have a letter from the authority that their board voted to approve the name change.

Thank you for clarifying.

Any other comments or questions?

We'll call the question.

The motion carries 5-0, and again, just ask for the clerk to know Commissioner Gramble's opposition 239.

Okay.

That will take us to the county managers tab, and there's one item which has believed been discussed today during public comment.

And with that, commissioners, I move that we hold the appointment of our chief of police to our October 28th, 2025 meeting.

Okay, and it will need a second to move forward.

Second.

Is there any further discussion?

We'll call the question.

The motion carries three, two with Commissioners Burrell and Garmel in opposition.

That now takes us to the transportation tab.

Commissioner, we did hold one of the revision matter for our elections that came off of the consent.

Yes, you're right.

Drew, you know, be patient with us.

We did have one item actually pulled from with thank you so much, um, Bill.

Do we have anybody from elections who's here today?

Okay.

I would ask for those of you who are part of this agenda item um to please come forward so we can discuss this as part of our regular agenda.

And if you bear with me one moment, I'm just gonna pull that.

Do you have the agenda item with you?

Oh, okay, great.

This is agenda item number 27.

Commissioners, if you want to go to that, I'll just ask for our director to just give us a little bit of time so we can find that in our book.

Thank you.

Thank you so much, Pam.

Okay, and if you can help us in presenting this when we pull an item from consent, we'll just go through the actual agenda item itself.

You can um tell us the purpose of it, walk through the background, and then we'll have discussion prior to a vote.

Sure.

And if you don't mind introducing yourself for us, please.

Absolutely.

It's Michael Dietrich, I'm the acting director for elections.

Thank you for being here, Michael.

Sure.

Go ahead.

So the purpose of this agenda item is to approve an increase in the monthly stipend for our board of elections and registration board members.

Um since I believe it was the mid-1980s, the the pay structure has not been adjusted.

Um, as you're aware, the culture, the environment, the atmosphere has of elections has changed drastically over the years, including the last few years.

Um very litigious.

Um a lot of special called meetings required.

Uh change in litigation or legislation, excuse me, uh requiring more meetings of the board members.

Uh so right now the fee is at two, I believe 2100 150 dollars, 200 for the chair, 150 for board members.

Um additionally, with the change with the IRS audit, and now that they're gonna have to get taxed on that, that's even less money that they're bringing home for this year alone.

They're looking at 36 meetings.

Um that's required meetings.

Uh, it's it's it's more so it it's hard to ask them to continue to do this work, and they're getting a one-monthly payment of 150 or 200, and they're putting in countless hours to help make elections happen to help make sure things go smoothly for our citizens and for our voters.

Um that's basically that's the gist of it.

Should be fine.

Oh, sorry, and and the the proposal from the board was uh a change from 150 to 500, and for the chair a change from 200 to 600.

Thank you for that presentation.

And can you just read with us what motion you have before you today?

It will be the recommendation.

Sure, the recommendation for the board of commissioners to approve an increase in the monthly stipend provided to members of Cobb County Board of Elections and Registration effective October 4th, 2025.

Authors authorize the corresponding budget transactions and further authorized the chairwoman to execute the necessary documents.

Thank you.

I know there's been some discussion about this at the board of commissioners agenda session.

Um Commissioner Allen, I'll turn it over to you if you'd like to um share your thoughts.

Yes, thank you, madam chair.

The uh we talked um yesterday uh and talked with uh some of the board members as well.

Um about adjusting those numbers.

Uh my position personally was that there is an increase, I think that is merited because of mostly what you talked about.

I just think we are stepping a little bit too high, uh, too fast.

Uh so I'd like to offer an amendment to the motion to amend the the amounts to $350 for members and $450 for chair.

Okay.

Are there any other comments or questions?

I uh yeah, just for clarification.

So the entire board is aware of what you're proposing.

I know that you mentioned that you spoke with them a couple of them.

I just want to confirm that everyone's aware of what you're proposing.

Yes, everyone's been notified of what the proposal was going to be too.

Okay.

All right, thank you.

Everyone on their board.

No, not on their board.

No, thank you for that clarification.

Not on their board.

I I talked directly with their chair and with Michael.

Our board is aware of the change in the middle of the year.

Okay, absolutely.

I knew you all had a meeting while we were talking, so you he's made them aware.

Yes, ma'am.

Thank you.

Michael, I appreciate you taking time to provide a background today.

You you didn't just read from a paper, you spoke from your observations.

And that meant a lot that you took the time to do that.

I certainly am supportive of an increase in what they're receiving.

And yesterday, without context, just the fact of doubling it or moving the fee beyond doubling the amount did not seem reasonable when compared to other jurisdictions until you spoke today.

When you shared that they're meeting 36 times a year, when I compare them to what they're being compensated by other boards that we have here in the county and what they're receiving, I don't know if we have fully considered the sacrifice.

That's $833.

They meet here once a month.

I believe they meet another time to approve their agenda, which would be twice, which is still less than the three requisite times that we have for them to meet.

And we also know just the burden of the responsibilities and things that have come up last minute over the years that we've seen changes to elections.

So I don't necessarily perceive that the original amount that was requested, just even comparing it to one of the authorities is unreasonable, but I think to keep it where it is today would be unreasonable.

And so if the board wants to move it to the amount that has been the new amount that has been um proposed, I will support that.

But I want to make it clear that if there becomes a time where there's another increase, I would just ask that they not only consider those other counties, but also consider what we're doing here in the county, and we can see if it's comparable.

I'll be sure to commit and responsibility and authority.

So yes.

Right, but I guess where I'm a little disappointed in you using this year's statistics, is that board intentionally made a choice that ended up resulting in additional special called elections for the county.

The home the home rule.

Yeah, the home rule map when when they chose to go and use the the unconstitutional map, that of course then resulted in additional election work.

So that's where I am struggling with this request that you have additional work because, in a sense, that board chose to give themselves additional burdens because the first ruling had already been made, but they chose to go forward with an unconstitutional map, which then required them to redo several elections.

So while I understand that the state has required an additional three meetings, a lot of their additional workload these past few years has been self-inflicted.

Thank you for sharing your comment, Commissioner Burrell, and then I'll go to Commissioner Sheffield.

Yeah.

Um I'm sorry, I thought you were done with your statement.

Yeah, then continue, Commissioner.

Continue.

Continue, Commissioner.

Commissioner, we are deferred.

And I raised my hand.

Go ahead, Kelly.

Go ahead.

All right, Commissioner Burrell, go ahead.

You can go ahead.

She's not gonna say I took her time.

Go ahead.

This is ridiculous.

It is.

All right, okay.

Well, yeah, so just for some clarification, you mentioned that uh pursuant to legislation, we are you were required to have three meetings.

And I I guess that requirement was a result of what is it just that there are more elections?

Does it have to do with any elections in Cobb County specifically, or was this just a broad legislation mandate?

It was a broad legislation.

But that that is something that's happened across.

So it's not just impacting Cobb County from what I'm understanding, it's Fulton in every other county by legislation.

That's correct.

So with with respect to the the fees, I understand that you all submitted numbers that were um similar well, numbers from the metro area, and I believe the numbers that you submitted were more in line with one of the larger counties in Cobb.

One that's larger than Cobb County.

Um so we have that, but as far as the other boards, and I don't know the figures off the top of my head, but there was a quote of the PC, and that may be PC and BZA, because PC is okay.

Um so in my conversation with one of the board members, I'll also share.

I understand that there are additional responsibilities that you all are undertaking, and you have special elections, and the work will always be there, but obviously, with the nature of your work, it may not be the same volume of work all the time.

So that's where I got a little stuck with the numbers.

So that that's just pretty much my feedback on that.

Thank you.

Okay.

Commissioner Burrell, please.

Excuse me.

Um it's not that I don't think that this the your board deserves more pay or stipend for what they do.

Um we have over 50 boards that we appoint members to volunteers that are not paid.

Umly six are on the list that do receive a stipend.

And I I think it's hard to compare planning commission to board of elections because they they have two calls, they have a work session and a before zoning, and then there the planning commission meets and makes recommendations to us for all of our zoning cases.

So that's two meetings a month.

However, they spend countless hours on site visits, community meetings that we call on um many cases, controversial cases, and and regular cases as well.

So um we couldn't really count the number of hours they spend um on a monthly basis, and to my knowledge, they haven't received an increase, not since I've been here, so in 15 years.

Um but it's my understanding that the 10,000 was if you served on PC and BZA.

If you're if it's split, I think it's um 70 percent, 30 percent.

Yeah, so but either way, um I'm concerned that if we do this outside of the budget, we're gonna get a lot of other requests for the same the other boards that we have have a minimal stipend as well.

I know um we spend a lot of hours, the district commissioners in the community at our meetings, and um we're really full-time, but we're paid part-time.

But we took this job knowing the consequences, and it for me it was to be a public servant, not to be a salary or a pay.

But um, I do understand and I do think um origin the original amount that uh Commissioner Allen proposed, I think would be more reasonable to go to than the 350 and 650.

I think it was 300 and 400.

I I would support that.

Thank you.

And I just want to also add and reiterate that it's been 35.

Oh, oh, I'm sorry.

No, I just wanted to address two two things.

Thank you for the the numbers.

The the original numbers I did present when we talked yesterday was 300-400 after consulting with uh Michael and with our HR director as well.

Because we are the only county that taxes, we are now treating them as W-2 employees.

We felt that would be fair because it would not affect the change as much as we thought it would by just keeping it 300-400, which will go to 350, 450.

Also, um, is when you have the conversation about the work.

Um, I was still in the legislature.

I believe it's House Bill 319 or 316 and SB202 are the ones that most significantly changed what county election boards were required to do.

A lot of the opposition to those bills, especially on my part, was that it does not treat each county fairly because by adding those meetings and the risk limiting audits and other things that have to be done, it's a lot easier to do that in a county with 3,000 or 3,500 residents or voters, or even 10,000 voters versus over 400,000 voters that we have here in Cobb County.

So I understand that there's a lot more work that is mandated by legislation, which is also different from the the other boards.

I know we have 50 boards we appoint people to, but they are not under the purview or threat of constantly being changed of their responsibilities by the legislature.

So we also have to take that into account.

Um the other thing that was talked about, we did get the list.

Um I requested in camera if you sent it or Miss Mossbacher sent it, but the list of all of the metro counties.

Um I think Fulton was the highest, which is what you all were mirroring.

We were actually one of the lowest or the lowest uh in the metro area.

So in comparison, I think this puts up puts us on par with counties that have same or similar demographics, voter roles, and challenges.

So just wanted to put that um there, and that's why the increase from 300, 400 to 350, 450.

Okay.

Thank you, Commissioner.

Commissioner Gamble, did you want to weigh in again?

I I guess just to tag off of Commissioner Allen, you know, raising it another $50 just to compensate for taxes.

They should have been reporting this anyways and paying taxes on it anyways.

So I I kind of don't agree.

We'll we'll give them more money because they're gonna be taxed.

They should be paying taxes on it anyways.

So granted, it's being taken out up front instead of them reporting it at the year end on their taxes.

You still get taxed.

And as far as Cobb County being the only one doing that, yes, we are, but we also know if the law says we have to do it, then other counties have to come in compliance with the law.

It's just a question of when Commissioner Sheffield.

No, I I was just going to add that I did not want to lose sight that there has not been an increase in 35 years.

Thank you.

Are there any comments or questions?

Yes, ma'am.

Um we have um Mr.

Allen could made an amended motion.

There was not a motion that was on that so if we can just have that as the motion, but he did not receive a second as well.

Okay at this point.

May you start that again as a motion, please.

It's not an amended motion.

We haven't made a motion.

Oh, okay.

So move to um approve item number 27 with a change to the amounts to 350 dollars stipend for members and 450 dollars for monthly, uh 450 dollars for the chair and keeping the effective date October one.

Thank you.

Is there a second?

Second, but there's all it's also monthly for the chair, correct?

Because you didn't specify you just that members just wanted to go on the record.

All right, I know we've had uh lengthy discussion, but are there any other comments or questions?

I'll call the question.

The motion carries four, excuse me.

The motion carries three two with commissioners Burrell and Gambrill in opposition.

Thank you, Michael.

Thank you.

Drew, that now takes us back to the Department of Transportation tabor, chairwoman, commissioners, county manager Drew Wrestler with DOT, and we have six items for your consideration this morning.

Our first item is to recommend the board of commissioners approve a utility relocation agreement with Georgia Power Company in an amount not to exceed 110,008 dollars for preliminary engineering and relocation of facilities on Canton Road at Piedmont Road.

Project number B 2312, authorize the corresponding budget transactions and further authorize the chairman to execute the necessary documents.

Commissioner Burrow motion to approve.

Second, are there any comments or questions?

Are there any comments or questions?

Call the question.

The motion carries five zero.

Thank you.

Our next item is to recommend the board of commissioners approve change orders final to engineering and utility contracts for various completed projects in the 2016 SPOSS Transportation Improvements Program Fund, 2022 SPOSS Transportation Improvements Program Fund and Public Facility Projects Fund.

A total savings to the projects and the amount of 500,438 dollars and 81 cents, authorize a corresponding budget and accounting transactions and further authorize the chairman to execute the necessary documents.

So moved.

Second.

Are there any comments or questions?

Call the question.

The motion carries five zero.

Thank you.

Our next item is to recommend the board of commissioners approve change orders final to construction contracts for various completed projects in the 2022 SPLOSS Transportation Improvements Program Fund, Public Facility Projects Fund, and Water System Fund, a total savings to the projects in the amount of $1,166,498.36 cents.

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

So moved.

Second.

Are there any comments or questions?

Call the question.

The motion carries $50.

Thank you.

Our next item is to recommend the board of commissioners approve amendment work authorization three to the program management agreement with Atkins in an amount not to exceed $26,683,37 for program management services for the 2022 SPOSS Transportation Improvements Program and for continuation of the 2011 and 2016 SPOSS Transportation Improvements Programs to include limited general engineering services and services for individual major infrastructure projects, transit programs, and airport programs in effective January 1st, 2026 through December 31st, 2027, and authorize the chairman to execute the necessary documents.

So moved.

Second.

Are there any comments or questions?

Call the question.

The motion carries five zero.

Thank you.

Our next item is to recommend the board of commissioners adopt a resolution authorizing the submission of transportation alternatives program congestion mitigation and air quality program grant applications to the Georgia Department of Transportation for Austal Powder Springs Road Trail and Old 41 Highway Realignment and authorize the chairman to execute the necessary documents.

Commissioner Gambrel.

So moved.

Second.

Are there any comments or questions?

Call the question.

The motion carries five zero.

Thank you.

And our final item this morning is to recommend the board of commissioners approve a contract with advanced road construction LLC and amount not to exceed 138,871 dollars for trainers system repairs on North Elizabeth Lane.

Project number B22169.

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

Commissioner Allen.

So moved.

Second.

Is there any further discussion?

Call the question.

The motion carries five zero.

Thank you, George.

Thank you.

I believe that takes us now to our public services tab.

And we will hear from our parks director.

Good morning, Chairwoman.

Commissioners, Madam County Manager.

We do have four items for consideration this morning.

Our first item is for the board of commissioners to approve change order number one final to the contract with integrity construction management for parks maintenance building under the 2016 Park Splash Program.

The project is complete and unforeseen conditions allowance remain unused.

We ask the board of commissioners to approve change order number one final to the contract with integrity construction management under the 2016 Park Splosh Program representing a reduction in the amount of 1,724 and 76 cents.

Authorize the corresponding budget transactions and further authorize chairwoman to execute the necessary documents.

Commissioner Allen.

So moved.

Second, is there any further discussion?

Call the question.

The motion carries five zero.

Thank you.

Our second items to approve change order number one to the contract with Nix Fowler contractors for the exterior and interior renovations at Boots Ward Recreation Center, a project under the 2022 Park Splash Program.

The original contract was executed on June 17, 2025.

On August 26, 2025, the BOC approved disbursement of revenue above projections, and this project received an additional 100,000 dollars to complete ongoing renovations, including additional door hardware and flooring replacement.

We asked the board of commissioners to approve change order number one to the contract with Nix Fowler contractors for the exterior and interior renovations of Boots Ward under the 2022 Park Splash Program, representing an increase to the contract in the amount of 114,640 and 39 cents, authorize the corresponding budget transactions and further authorize the chairwoman to execute the necessary documents.

Commissioner Gambrel.

So moved.

Second.

Is there any further discussion?

Call the question.

The motion carries five zero.

Thank you.

Our third item is to approve a contract with Axis Infrastructure LLC for professional services for the design cost estimating bidding assistance and construction administration services for a bridge associated boardwalk and sidewalk connections at Leona Hall Price Park under the 2016 Park Splash Program.

The 2016 program provided funding for various amenities of Price Park, including a pavilion restrooms, parking, and a bridge to access additionally owned property that we were unable to uh access.

We asked the board of commissioners to approve a contract with Access Infrastructure LLC for professional services for the design cost estimating bidding assistance and construction administration services for the bridge associated boardwalk and sidewalk connections at Price Park under the 2016 Park Splash Program in an amount not to exceed 198,368 dollars, authorize the corresponding budget transactions and further authorize the chairwoman to execute the necessary documents.

Commissioner Gambrill so moved.

Second, is there any further discussion?

Call the question.

The motion carries five zero.

Our final items for the board of commissioners to approve expenditures with Capital Sports Construction Incorporated through Cobb County Master Agreement to provide construction services for drainage improvements near the tennis and pickleball courts at Larry Bell Complex under the 2022 Park Splash Program.

The 2022 program includes improvement projects for subsurface infrastructure.

This project will improve the stormwater drainage system near the courts, which has failed due to age and has produced a safety concern if not repaired properly.

We asked the board of commissioners to approve expenditures with Capital Sports Construction Incorporated through Cobb County Master Agreement to provide construction services for drainage improvements at Larry Bell Complex under the 2022 park splash program.

Authorize corresponding budget transactions and further authorize the director of procurement services to execute the necessary documents.

Commissioner Allen.

So moved.

Second.

Is there any further discussion?

Call the question.

The motion carries five zero.

Thank you.

Thank you, Michael.

That now takes us to support services.

And we will hear from our IS director for this next agenda.

Good morning, Chairwoman, Commissioners, and County Manager.

Our item this morning is to request the Board of Commissioners authorize the procurement services director to purchase technology hardware and services for disaster recovery data center networking equipment.

This item is funded by 2016 SPLOSS Project X0010.

Excuse me.

We're requesting your approval of the purchasing instrument under provisions of State of Georgia Department of Administrative Services Cisco contract with Computer Center in a total amount not to exceed 523,4196.

Authorize the corresponding budget transactions and further authorize the procurement services director to execute the necessary documents.

So moved.

Second is there any further discussion?

Call the question.

The motion carries five zero.

Thank you.

That now takes us to facilities management.

Good morning, Andrew.

Good morning, Madam Chairwoman, Commissioners, and County Manager.

Facilities management has two items this morning.

Facilities management would like to request the board of commissioners authorize the repair and resurfacing of the parking lot at Highland Rivers Behavioral Health at 2051 Green Ridge Street Smyrna in the amount of 115,643 dollars.

Authorize the corresponding budget transactions and further authorize the execution by purchase order through the procurement services department.

Commissioner Allen.

So moved.

Second, is there any further discussion?

Call the question.

The motion carries five zero.

Thank you.

Second item facilities management would like to request the board of commissioners approve a contract with Bathson Cook construction for pre-construction services related to the replacement of the animal services facility located at 1060 I'll bishop drive Marietta in the amount not to exceed $25,000.

Authorize the corresponding budget transactions and further authorize the chairwoman to execute the necessary documents.

Thank you.

Commissioner Allen.

So moved.

Second.

Any comments or questions?

I'm just amazed at how many facilities are now in District 2.

I'm just you just suck everything up.

I mean, nothing, nothing for nobody else.

With that, I'll call the question.

The uh motion passes five zero.

Thank you.

Thank you.

That takes us to our second public comment.

There's no person to sign up for the second portion.

Okay, thank you.

That will now take us to our appointments.

And I will defer to our commissioners as we go through each appointment.

First one, Commissioner Allen for 55.

I announce the appointment of Jasmine Hayden Henley Brown to Public Library Board.

Thank you.

And for 56.

To announce the reappointment of Todd Evans to the Electrical Advisory Board.

57.

To announce the appointment of Mitchell Reed to the Transit System Advisory Board.

58.

To announce the reappointments of Joel Cope and Douglas Chandler to the Navyhood Safety Commission.

All right, 59 to announce the reappointment of Toby Carmichael to the Animal Services Board.

All right.

And 60 to announce the reappointment of Lindsay Edwards to the 1% special purpose local option sales tag citizens oversight committee.

Thank you.

And then I move that we approve the appointment of Laurie Robinson to the Civil Service Board.

Second.

Is there any further discussion?

We'll call the question.

The motion carries 4-1 with Commissioner Gambrill in opposition.

That will now take us to the Commissioner's public address.

And once the slides are on the screen, we will have Commissioner Gambrill begin.

Join Cobb and Douglas Public Health on Saturday, October 25th for the 14th Annual Breast Cancer 5K and Health Summit in honor of breast cancer awareness month.

The registration fee is $15 per participant with check-in and registration beginning at 7 a.m.

in the fellowship hall.

The 5K walk run will begin promptly at 8 15 at Pleasant Grove Baptist Church.

Come out, walk for awareness, and support the fight against breast cancer.

It's the bewitching time of year when we vote for the best pumpkin crafted by our various Cobb County departments.

Choose your favorite pumpkin and donate to help it to win.

Voting is open now through midnight on Friday, October 31st.

Every dollar donated counts as one vote, so a five dollar donation equals five votes for your favorite pumpkin.

Cast a spell.

Oops, I met your vote, and may the best pumpkin win.

Thank you.

Thank you, Commissioner.

We'll now go to Commissioner Allen.

Join the Cobb Water System for their annual trick-or-treatment event on October 17th, 18th.

Bring the whole family in costume for unique and haunting good time touring one of the county's wastewater treatment facilities in District 2.

That's R.L.

Sutton Water Reclamation Facility.

Make sure that you uh come on time to guide to do the guided tour of the plant and any educational activities.

Also uh coming up on the 21st of October is the week here vet fair at the Cobb Civic Center.

Uh all veterans, uh, their families, active military, and caregivers uh can come out and uh get support with veterans' benefits, legal services, health care, mental health, and wellness.

Also, the Senior Citizens Council of Cod County invite you to learn more about Medicare changes.

You can join them at 10 a.m.

to 1 p.m.

on Friday, October 24th in the Must Ministries Community Room at 1260 Cobb Parkway in Marietta.

They will cover crucial updates and will include a dedicated QA session to address any questions you have about recent changes to Medicare.

And also want to congratulate Cafe Social House.

Uh, we had the grand opening at the Senior Services Center uh two weeks ago.

Um, if you are hungry after you leave and want to stop by interact with uh some of our great seniors in Cog County, but also have some great food, it's open to the public, uh, and I encourage you to attend.

Thank you.

Thank you, Commissioner Allen.

Commissioner Burrell.

Thank you.

Um, before I get into my slides, I would just like to explain my reason reason for voting against um agenda item 41 police chief.

It is not because of the support for Chief Farrell.

I have been so I have supported his nomination since our first initial interviews and discussion and exec, but I do not support delaying it for two more weeks.

Um, he has been an excellent interim chief since uh Chief Houser Van Hooser left.

And um, so I fully support Chief Farrell.

Uh tomorrow night at Spraybury High School in the main gym lobby.

Join us for a community open house and learn more about how splost is at work at Sprayberry High School.

And that is from 5 30 to 6 30 p.m.

Commissioner Allen just uh announced the weekare vet fairs presented by United Military Care.

Um and there's some flyers in the back if you want to get more information.

It is free to attend and uh support our veterans and uh last but not least on Saturday, October 25th, Keep Cobb Beautiful will participate in the national medication take back program, and there are three locations, and the one at uh the Tim D.

Lee Senior Center in District Three.

I'll be working in the morning.

So come out and get rid of your expired medication.

That's all I have, Madam Chair.

Thank you, Commissioner.

Commissioner Sheffield.

Thank you.

District 4 news and updates.

The annual Mapleton Pastors Collective was this past Saturday, and it exhibited unity within the community.

It was inspiring to walk alongside Mapleton Pastors, Cobb Police, and the Sheriff's Department.

The Unity Walk also brought out many of our neighbors, community leaders, elected officials, and the amazing Pebble Brook band, all celebrating the strength and spirit that make our community so special.

Thank you to all who came out, walked with purpose, and show what it means to stand together.

Get ready for a Falastic Fitness event for the whole family.

Join the Mapleton Pumpkin Chase 5K this Saturday, October 18th, starting at 8 a.m.

at the Mabel House Barnes Amphitheater located at 5239 Floyd Road in Mapleton.

Don't forget to wear your costumes, enjoy pumpkin themed fun, and support community wellness as you run or walk.

Join the city of Powder Springs for its Fall Festival Trunk Retreat this Saturday, October 18th at Thurman Springs Park, located at 4485 Pine View Drive in Powder Springs.

Festivities are from 10 a.m.

to 2 p.m.

This annual event invites kids of all ages to trick a treat around the park and then hang around for pumpkin decorating games and activities for the whole family to enjoy.

With the holidays right around the corner, we kicking off, we're kicking off our senior fall cleanup initiative in District 4, and we need your help.

Join me, keep Cobb Beautiful and Kennesaw State University for my inaugural District 4 Senior Fall Cleanup on Friday, November 14th.

We're coming together together to beautify the yards of senior residents, bringing warmth, care, and a little extra holiday cheer.

This is a great opportunity to roll up your sleeves, connect with neighbors, and make a meaningful impact.

Details will be forthcoming, but you may email my assistant at IANA IYANA.yo at Cobb County.gov if you're interested in volunteering.

Thank you.

Thank you, Commissioner.

And I'd like to share that we have applications open for our youth commission.

We encourage any young persons in high school to apply, and you can find information about that on our Cobb County website.

Commissioners, I'm gonna have us go into a break.

Our meeting is not concluded.

We actually do have a public hearing for community development.

And so what we will do is take a break until about 10:50.

Is that okay for you, Commissioners?

Does anybody need more time?

Okay, we'll take a recess until about 10:50, and then we'll come back to resume our meeting with our community development hearing.

Thank you so much to all of you for attending today.

Thank you, everyone.

Thank you, and welcome back to our Board of Commissioners meeting this October fourteenth, two thousand and twenty-five.

Today we do have a community development hearing.

And this is with respect to an appeal for denial of an application for a Cobb County alcohol permit.

For the record, I am Sam Hensley, Junior, the attorney for the Business License Division of Cobb County.

And as you mentioned, Madam Chairwoman, we are here today on an appeal of a denial of an alcohol work permit, sometimes known as a servers permit for Mr.

James Boyce to serve alcohol in unincorporated Cobb County.

Mr.

Boyce did have a felony conviction earlier this year.

It was an aggravated assault felony charge, and that will be discussed by my witness from the Cobb Police Department Regulatory Services Permits Unit.

Just as a matter of housekeeping, as you know, appeals are handled pursuant to 6-207i, which also allows uh aggravating and mitigating circumstances to be considered when considering an appeal and a denial of an alcohol work permit.

The procedures that we follow under the code for this type of hearing are found under 6-147 G3.

So it's a little bit of cross-referencing here on these code sections, but I did want to put that on the record.

That's that's how we have come before this board today.

The applicant did appeal as he is uh entitled to do so uh if he is denied at the license review board level.

That hearing came before the licensed review board on August the 21st of this year, and that uh board, which only had three members present, it was a quorum, but uh all three members voted to deny the application at that time, which then gave rise to this appeal today.

The applicant is not represented by an attorney, but I have spoken with him prior to this meeting about our procedures that we follow in this event.

We have not had an alcohol server or work permit come before this board in a long time, so I wanted to kind of review uh the governing rules in regard to that.

So, with your leave, madam chairwoman, I will swear in the witnesses and call my first witness.

Yes, please, thank you.

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

Do you swear or affirm the testimony you were 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.

With that, Madam Chairwoman, I will call Sergeant Daniel Fremado.

Yes, thank you.

Good morning.

Good morning.

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

Yes, I'm Sergeant Dan Framato, Cobb County Police Department, regulatory services and permits unit.

And what is your position in that unit?

I am the manager, the supervisor of the unit, so I run the unit.

And what are your responsibilities in that role?

Um I supervise four civilians that run the day-to-day operations that deal with the public.

Uh we issue permits for alcohol service to individuals, uh health spa, pawn precious metal, excuse me, and door-to-door solicitors as well.

We also do background investigations for uh regulated business license applications that come to us from the business license office.

We regulate and investigate all the police department zone records and also get all the information together every four years for their bidding, uh, handle complaints against them, that kind of stuff.

That's generally what we do on a day-to-day basis.

And how long have you been in that position?

Three and a half years.

Okay, and prior to that, where were you with the Cobb Police Department in another capacity?

Yes.

And what was that?

Um a supervisor at Precinct 1, and then prior to that, an officer.

I've been with the police department uh 25 years as of the second.

So if an individual wishes to be granted a work permit to serve alcohol in Cobb County, they would come to your office to file an application.

Is that correct?

That's correct, yes.

And are you familiar with Mr.

James Boyce who has uh filed his appeal before this board today?

Yes.

And how are you familiar with him?

Um I was uh made aware of the administrative denial he received on the day that he came in for the application, and I met him uh in person during the license review board on I believe those the 14th of August.

August 21st.

21st, yes.

Thank you.

So uh what happened when Mr.

Boyce uh presented an application to your unit in regard to serving alcohol in Cobb County?

Um yeah, he came in and uh applied for it electronically.

We have tablets that you can do that or on your phone with a QR code.

He came in August 1st uh and completed the application uh on the application uh along with all the biographical data and where you wanted to work, are the questions that are pulled directly from the ordinance as far as uh the disqualifiers, and you have to answer yes or no to each of those questions.

And in that course of answering those questions, the first question is have you been convicted in the last five years of any felonies?

And he answered no to that on his application.

Was that a truthful response?

Not according to his criminal history.

So when did you run the criminal history?

I did not run it, it was run by uh one of my civilian administrative services.

Okay, but that is that task is performed under your direction, is that correct?

Yes, it is run on my behalf, but I did not actually run it.

I looked at it later.

Okay.

So what did that criminal history reveal in regard to the answer to this question on his application?

Um according to the criminal history, uh, he had a arrest, uh, two arrests, felony uh that he was eventually convicted of, but the original arrests were uh one was July 26th of 2024 in the city of Atlanta, and that was for aggravated assault, and these are convictions, and that's the only reason why I'm bringing them up because we only consider the convictions, we don't consider arrests, and then there was a second one on December 28th of 2024 in Atlanta for uh there were several charges, but the felony charge was a battery third or subsequent offense.

Uh both were appeared to have been, and we discussed this during the license review board.

They were two separate arrest dates, but the conviction date is the same, and that's 515 of 2025.

So they they merged all the everything together and tried it all at once.

So his conviction date was the date we go by when we talk about five years felony.

That's the date we go with.

So it was this year.

But the disqualifier is any felony conviction.

Is that correct?

That's correct.

It didn't specify once you determined that that was the case.

What did you do with his application?

Um, again, my administrative specialist, she uh they fill out a form, they inform the applicant that they've been denied administratively because it's in the ordinance.

They give them the opportunity to complete a form, which allows them to then appeal that administrative denial to the licensed review board.

They have 10 days to file their appeal.

And then we send them on their way.

So at any point, do you send that file to the business license division for them to schedule a hearing, or how does that work?

On the form, they have to log into it and complete a questionnaire.

That questionnaire automatically goes to the license business license office, and then that's how they get put on the schedule for the license review board.

Thank you.

Uh that's all the questions I have for this witness.

Do you wish to ask any questions of this witness?

Uh I'll yield to the board if you have any questions, madam chairwoman.

Commissioners, do you have any questions?

Commissioner Brown?

How are you, sir?

Fine.

Um so the uh charges, the arrest and the felony didn't show up until you did the background check.

Correct.

We when they fill out an application and pay the fee for the app for the permit, that's when we process it.

We do it right there.

If there's nobody in there, it takes seven minutes from start to finish.

So it's once they pay the fee and the application is filled out correctly, we then run the criminal history on it, and then based on that, we either issue or deny the permit.

Okay, but that is done on all the applicants, even if they say they have never been arrested or whatever.

Yes, ma'am.

Okay, thank you.

Thank you.

Any other questions?

Commissioner Sheffield?

I I have a question, and this may be better suited for the applicant, but there is a question on the questionnaire that reads, have you completed the sentence?

And the answer was no.

Um, in your research or copy of the report, are you able to determine why that was not completed, or would that be a question better suited for the applicant?

That would be better for the applicant, ma'am.

I don't know why he hasn't.

Okay, thank you.

Commissioner Gambrell.

And just for clarification, you said that he was arrested on 726.

Was that this year, or was that in 2024?

I'm sorry, so it's 2024 as well as the December 28th, 2024 arrest is in 2024.

Okay, thank you for that clarification.

And then also when when you're doing background checks for the felony charges, do you also look at any other misdemeanors or tickets or charges?

Yes, ma'am.

It's run under what's called a purpose code E for employment, and it gives us everything.

It's not just felonies, it's any criminal history that's been reported to the GBI and and is stored in the GCIC, the Georgia Crime Information Center uh database.

So uh when we run anybody that comes in, if they've had any arrest and or conviction, it shows up on that list, and then my uh civilians will read through it and make sure whatever it is doesn't violate the ordinance that is an automatic denial.

So they could have if they're over 21, they could have be arrested and convicted of a DUI in five years, and they still get a permit because it's two DUIs in five years, the ordinance says, so because it's only one, they'd still get a permit.

So they evaluate every criminal history that they run to make sure that it's in compliance with county ordinance before they're approved for a permit.

And so um you mentioned these two dates, and then you mentioned the conviction on May 15th.

In his background, did he have any other records prior to 2024 or after this instance in well, I guess December, May?

Yes, but we do not consider any of that.

Okay, thank you.

Commissioner Commissioner Brawl.

Um this questionnaire, this says um the reason for the denial was aggravated assault and then violence, and then the sentence was drug court and probation.

But then it you're saying that that is that the felony charge that was in 2024, yes, ma'am.

It was the original arrests were in 2024, but the conviction was in 2025.

That questionnaire you're looking at is something that the applicant completes.

Uh that's when we give him the information to appeal the denial, that's the form that he has access to or anyone that gets denied, and that's the form they complete.

So all that information on there is what he supplied, uh, and that's what gets sent to the uh business license office.

Okay, but was there another arrest within the last this says eight months, and then how long has it been since conviction?

Four months.

So is that different than the um aggravated assault?

No, ma'am.

As far as I could tell, at least from when this criminal history was done, he has not been arrested since his conviction date in uh May 15th of 2025.

Okay, that must be the four months.

Okay.

Yeah, that's that's probably what he's referring to.

But again, he's the one that put that on there.

Okay.

So was there a discrepancy with the background check and the responses here on his no the discrepancy is on his original application where it asked if he had been convicted of any felonies in the past five years and he put no.

Okay.

Thank you.

You're welcome.

Commissioners, do you have any other questions?

I do have a question, but it's pertaining to the code.

I'm not sure if that's more appropriate for you or for attorney Hemsley, maybe both of the might be able to assist me.

Okay.

I'm looking at section six-207.

Yes, ma'am.

And I'm trying to understand the list of criteria that we have for um non-issuance for non-issuance.

Yes, I do see section I pertains to suspension and revocation.

And you know, the omission of this information from his application will certainly fall under there, but I'm looking for a list that we would consider for it's actually if I wasn't clear, but that's actually under 6-206.

Yes, ma'am, the one before which has the list of disqualifiers as we call it.

Thank you.

Can you is it for a particular subsection or is it it's the first uh under A?

Thank you so much.

That's how and that's and just for our clarification.

Our office, when we we pulled exactly the order it's in the ordinance, is exactly the order it is on the application.

Our office, when we we pulled exactly the order it's in the ordinance is exactly the order it is on the application, we pulled it directly from the ordinance.

Thank you.

And as you clarified, there was an arrest for a felony.

Yes.

Which falls under the specific criteria conviction.

A conviction arrest.

Thank you, not arrest.

Thank you.

Thank you for clarifying that.

That's important.

Yes, ma'am.

Okay.

I'm just reviewing 206 if you don't mind staying there.

I just want to make sure.

I'm here to help.

Thank you.

I try to be mindful of this so as I'm listening to you, I can see what may satisfy the criteria.

So I just want to go through and evaluate the criteria.

Okay, so there's not only a list of convictions to be considered, there's also a section that does speak to omission or falsification of information as well.

Yes, ma'am.

Which is what we have here.

Okay.

Thank you, sir.

You're welcome.

And if I may, I'm sorry.

Yes, I'm done.

And is that within five years?

Is that the reason for denial?

Because it was within the five-year period.

Yes, ma'am.

Again, it's just purely administrative.

It's there's no other reason why we would have denied it except for that.

Are there any other questions, Commissioners?

Thank you, Attorney Hensley.

And just as a quick clarification, Sergeant Romano.

Sure.

On the initial application submitted to your unit, Mr.

Boyce said he had not had a conviction for any felony.

Is that correct?

That's correct.

And what we see on this document, which you indicated he filled out for the Cobb County License Review Board appeal hearing under the first question, what was the criminal offense that caused the denial of the alcohol work permit?

He indicated aggravated assault, but that was after he had initially told your office that he did not have any felony conviction.

Is that correct?

That's correct.

Okay.

I just want to clear up any potential confusion as to when he stated he did have the aggravated assault conviction.

Thank you.

Um Commissioner Allen does have another question.

Yes, sir.

To follow up on that train of thought, just to make sure we're clear.

Because it's a difference between being arrested and being convicted.

At the time he answered there was no conviction.

Was that before or after May 15th?

It was August 1st, so it was after.

All right.

Commissioners, do you have any other questions for our witness?

Thank you, sir.

You're welcome.

I'd like to call Ms.

Alicia Webb.

Madam Chairwoman.

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?

Cobb County Business License Division.

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

I am the business license division manager.

And what are your responsibilities in that position?

To review and approve and/or deny alcohol applications, health small applications, occupation tax collection, but in this case, any denial for a work permit or service permit has to be filed with our office, and that gets the ball rolling for the appeal process.

And are you familiar with Mr.

Boyce who's the subject of this appeal hearing today?

Yes, sir.

And how are you familiar with him?

He filed his original appeal to the licensed review board with my office.

Okay.

And I want to hand you really a self-authenticating document.

Can you tell us what that is, please?

Yes, sir.

This is a certified code, a certified copy of the Cobb County Code of Ordinances, Chapter 6 for Alcoholic Beverage Licenses and Permits.

And that's the full code of ordinances for alcohol in Cobb County.

Is that correct?

Yes, sir.

I'd like to offer that into the record, Madam Chairwoman.

Thank you.

If there's no objection.

Would you like to see the code or are you okay with that being submitted?

It's just our alcohol code.

No, that's fine.

Okay.

Here's another copy.

Again, that's simply the the code for Cobb County that's we discussed that governs these proceedings.

Yes, sir.

Okay, just for um our appellant.

The code section that we were referring to before was 206-207 in there if you're not familiar.

Okay, thank you.

You can go ahead.

So once you received this denial from the regulatory services and permits unit, what did you do with this matter?

We um the applicant filed his appeal to the license review board.

The licensed review board heard this matter, upheld the denial, and the applicant then appealed the license review board's decision.

That appeal also has to be filed with my office in order for a hearing to be scheduled here.

Okay.

And when did that hearing take place before the license review?

License review board hearing.

August the 21st.

Just want to make sure I have the date right now.

Excuse me, Miss Alicia, if you don't mind just leaning a little bit closer to the mic.

Thank you.

August the 21st.

Thank you.

That's all I have for Ms.

Webb, unless the board has further questions.

Any commissioner have any questions?

No.

Now I'm do any commissioners have any questions for Alicia.

The August this year was the license review board hearing.

Is that what you just said?

Yes, ma'am.

Thank you.

Okay.

Any other questions?

Thank you.

Thank you.

And I don't believe the appellant has any questions for this witness.

Okay, thank you.

Those are all the witnesses that I have, Madam Chairwoman.

Thank you.

I believe this gives the appellant the opportunity to speak.

Oh hi, Debbie.

Can you tell us how much time he has?

So he's aware.

Or for these, there's not a there's not a time limit on on that for this hearing.

Oh, I see.

For the serve live.

Okay.

All right, very good.

I'll keep it brief.

Thank you, sir.

And if you don't mind telling us your name before you um share any remarks.

Uh my name is James Boyce.

Um thank you.

I'm here before you today, obviously, because I would like to have my primary to serve alcohol within this establishment.

Yes, thank you.

Can you just pull this a little bit closer to you?

Thank you, sir.

Okay.

Um first and foremost, I want to thank you for your time today and for hearing me out for this application.

Whether you guys uh confirm or deny my application, I'm thankful to be here today.

Um I don't really have any statements aside from that I want to say that it's a relatively isolated incident that has been proven to continue to uh definitely give my life some turbulence in the past ten months.

Um I'm dedicated to staying sober and following all guidelines and restrictions and laws within the community.

Um I guess I want to say the only reason that I um did plea to the uh conviction of this crime is because I was going to lose my house while I was in uh Fulton County penitentiary or Rice Street, however you want to call it.

So I had to plead guilty um and I've dealt with nothing but aggravated stalking and harassment from this individual since my release of this um institution, and I'm happy to provide any receipts and videos that I have of that, as well as um I don't have any witnesses here with me today, but um I plan I the reason I answered uh I haven't completed my sentence is because I haven't completed the mandatory requirements to be free of this situation as of quite yet.

That's all I have to say.

Thank you.

Can you clarify what you just said it you haven't cleared?

I'm sorry, something yes, like I haven't um finished my um requirements you requirements for their probation essentially.

Okay, thank you.

Does that complete your statement, sir?

Yes, ma'am, thank you.

Okay, what I'm going to do is see if oh you may have questions first, and then I'll see if the commissioners have any questions.

Thank you.

Yes, thank you.

I have several questions, Mr.

Boyce.

So to clarify, you actually pled guilty to two charges.

Is that correct?

Yes, sir.

Aggravated assault and aggravated stalking, is that what I heard you say?

No.

Um aggravated stalking done on her part towards me.

Well, you don't plead guilty to something that somebody else did.

What did you plead guilty to?

I pled guilty to aggravated assault.

Okay.

And was alcohol involved in that incident, sir?

Not between the two of us, but I have been drinking that night, yes, sir.

Okay.

This isn't accordable.

Um are you still on probation for this?

Is your probation supervisor okay with you working in a job where you sell or serve alcohol?

Yes, sir.

Um, I go to four mandatory meetings a week as well as two outside meetings every single week and submit to randomized drug tests multiple times weekly.

And how long will you be on probation?

Ten years.

Where is it that you work that you're trying to obtain an alcohol work permit for?

Canoe at 4199 Paces Ferry Road.

Okay.

Very nice restaurant.

Fine dining, I think we would consider it to be.

Um but you haven't been serving alcohol there prior to now, have you?

No, sir.

And why is that?

Because I'm not allowed to.

Okay.

What what position do you hold?

Are you currently working at Canoe or you're trying to get a job there once you get your work permit if you do?

They've offered me the position.

Um, but I can't, I'm not allowed to serve any alcoholic beverages there.

Okay.

Do you have any experience serving alcohol at any point?

Yes, sir.

I'm a level one sommelier.

A level one sommelier?

Yes, sir.

I think we discussed this at the license review board, did we not?

Yes, sir.

Are you do you drink alcohol anymore?

No, sir.

I am clean since December 28th, and I've had plenty of opportunities with in Fulton County penitentiary and without outside of Fulton County penitentiary itself to consume more than just alcohol.

Okay.

I'm very curious as to how you can be a Sommelier without drinking alcohol.

Doesn't that require tasting the wine that you may be recommending to a customer?

No, sir.

Really?

No, sir.

Interesting.

Um I've heard a lot about what your goals are.

You pled guilty, according to you, to these offenses because you are going to lose your house.

You need this job.

But what can you say to this board that could convince them that you are a good candidate for the privilege of serving alcohol in Cobb County?

Because you gotta understand, do you not?

You're the last line of defense from somebody getting served alcohol that shouldn't, whether it's an underage person, whether it's an intoxicated person, and going out on the roads of our community and causing a tragedy.

Um I would answer that question with my um work history speaks for itself.

I've never had an infraction or been fired for a job for serving a minor or overly serving someone in that industry, as well as I've cut people off from the specific industry because I think they've been over consuming at different establishments that I've worked at.

Um it comes to my profession, I take it very seriously because this is how I support my life, this is how I pay my mortgage, this is how I pay my bills, this is how I pay for anyone who depends on me, including the um victim in this crime that I was convicted of.

I was supporting her lifestyle as well.

So you have experience serving alcohol outside of Cobb County, is that correct?

Yes, sir.

Where would that have occurred?

Um I've worked all over all over Atlanta.

I've uh I started at um a hibachi sushi restaurant out in Johns Creek, and then I helped open uh fine dining Korean barbecue, and then from there I opened um I was the beverage director and house smollier of a um fine dining Mediterranean restaurant, and then I went to Roomy's, and then I helped open um two locations for another Mediterranean restaurant called Yalda, one in Sandy Springs and one in West Midtown, and then I was the wine director at Le Bill Bouquet in Buckhead Village, and then I um was arrested.

Okay.

Uh so do did any of those uh establishments require you or were you in a jurisdiction that would require you to have an alcohol servers permit?

Um I believe there was one, but I'm not I can't remember which one it was, if I'm completely honest.

So this would be the first time.

I do have I do have one that is expired in my um dresser at home right now.

I just can't remember what county it's for.

Okay.

Uh one final question, Mr.

Boyce.

As I'm sure you can understand, part of being a good candidate to serve alcohol, to have the privilege of serving alcohol in Cobb County, is that you need to demonstrate to the board that you're a person who follows the rules.

Would you say that's a fair statement?

Yes, sir.

Why did you not answer your application to the permits unit truthfully about whether you had had a felony conviction?

I was under the impression that my um conviction would be sealed and expunged by um explanation of my lawyer or public defender Stacey Levy.

Okay.

Was it expunged?

Upon completion of the requirements, yes.

It has been expunged.

No, it won't be expunged until the completion.

So at the time you filed your application for your work permit, you had a conviction for a felony offense on your record.

Is that correct?

Yes, sir.

That's all I have, Madam Chairwoman.

Okay, thank you.

Um I'm gonna see if commissioners have any questions.

Commissioner Gamble, please.

So when will your um time be completed for your preparation?

I know you said you'd be subject to testing for the next 10 years, but is there a shorter time period that essentially you would be expunged of or your your records would be sealed?

Upon completion of drug court, from what I understand, which is 18 to 24 months.

I plan to complete it in 18.

Okay.

Okay.

Commissioner, I'm excuse me, Commissioner Allen.

I'm sorry.

I didn't see your hand.

Oh, no, that's fine.

Um I think Commissioner Gambrill answered my most pressing question.

I you said that you were advised that it was already sealed and expunged, which is why you answered that you weren't.

Did you have no active convictions, correct?

Uh no.

So I was I didn't really know the difference of whether or not it would be on my record or not when I was advised this.

Okay.

So I answered no at the time of the question.

Okay.

Commissioner Burrow.

Uh the arrest was made in Fulton County.

Yes, ma'am.

And you reside in Fulton County now?

Like, do I live there now currently?

Pardon?

I live there now currently?

Is that what you're asking?

Are you asking?

Do you reside in Fulton County now?

Or still?

Yes, ma'am.

Okay.

And then the drug court and probation, is that through the Fulton County courts or yes, ma'am?

Okay.

Um that's all.

Okay.

Commissioner Sheffield?

Uh, just a few follow-up questions.

Um both both assault or both charges or convictions occurred in Fulton County.

And my first question is, did you have a license as a server in Atlanta or in Fulton County?

And if so, what is the status of that license?

Fulton County does not require one.

Okay.

So are you currently serving alcohol in Fulton County at any location?

I am.

Okay.

Um the charges in July and December of last year.

Do both of those charges involve the same parties?

The same same party.

Okay.

Including yourself, just for clarity, okay.

Um so there was seven, a few months in between, and apparently an issue has come up and yes, I would say approximately five months if I'm remembering correctly.

Okay.

Um to your question, have you completed the sentence?

The answer is no, but that's because you have not completed the drug court.

Yes, ma'am.

Okay.

Um and regarding the server license with Canoe, is there an opportunity for you to be employed there without having the license or without selling alcohol?

Obviously, if you're going to sell alcohol, you need the license, but can you operate as a server without one?

Um as a server specifically, no.

Okay.

So all of their servers must have a a poor license or an alcohol license?

Yes, ma'am.

Okay.

Now going back to to the Somalia, and I just needed a little clarification on that because you mentioned that you did not have to taste wine.

Um, when that's like the core um core responsibility of a Somalier.

So I just wanted to get a I guess a little bit more insight on how that that arrangement works for you.

Sure, absolutely.

So um a lot of uh being a Somalier, uh there's four different levels.

Um there's level one, two, three, and then master.

Levels one and two are primarily focused about region theory, um vintage and um core tastes and grape varietals, depending on what region, what vintage and what um producer as well as appellation they're from, and discerning whether or not um that would be a good fit for what food they have in front of them or what they've ordered, versus a level three and a master sum do have to recognize um basically to be a level one and or level two, you have to be good at appellations regions and theory and grape varietals for level three and above.

You have to be able to discern what kind of wine is in front of you by tasting it.

Okay, all right.

Thank you.

My pleasure.

Commissioners, do you have any other questions?

Okay, thank you, sir.

I believe that concludes his portion, Sam.

If I may make a brief closing, madam chairwoman before the board deliberates.

Um the applicant will have the ability to also provide.

Yeah, I'm sorry, I thought he waved.

Do you need to make a closing statement?

Would you like to I always go last?

Yes, would you like to make a closing statement?

Well, yes, please let give him the opportunity to do something.

Sir, you'll do it from the microphone so we can hear you.

Thank you.

I apologize, madam chairwoman.

Thank you.

Um thank you for your time today.

That's that's it.

Thank you.

Madam Chairwoman, uh Mr.

Boyce is obviously an intelligent young man, worked at some very fine establishments, apparently from his record.

I'm always concerned, as I believe I indicated, when uh applicants are not truthful on their applications, because that does relate to their willingness and ability to follow the rules.

Are they going to check IDs?

Are they going to look the other way when somebody orders wine or other alcoholic beverages that should not be served that?

That is always an area of concern.

It's also an area of concern at the how recent this conviction was.

Thank you, sir.

With that, I'm going to turn things over to our district two commissioner where the application has been filed, and that's Commissioner Allen.

So this is this is a tough one, um, especially for me.

And I want I want to start, sir, by just applauding you for your journey of recovery, and I hope it continues.

Um it is a lifelong journey.

Um, so I I applaud you on that.

Um, as far as the omission, if you're not often involved in the legal system, it is a little bit tough to know what's expunged, what's sealed, what's not.

Um so I I take omissions of information like that very seriously, but I could easily see how that could have been a little bit confusing when the question is asked, and there is a horizon of being expunged and sealed.

Um but I also do have concern with providing the license, considering still being criminally justice involved, still being in that probation area of the court period.

Um I'm glad the question was asked about other counties and being able to be licensed because it sounds like you're able to still be employed and have gainful employment, just not in in Cobb County because of our restrictions on um being able to pour and serve.

So with that, um, and I guess we can have discussion after a motion is made.

But with um with all that being said, I'd like to make a motion to sustain the decision to deny by the license review board.

Okay, thank you.

Is there a second?

Second.

All right, is there further discussion?

Okay, um, I too commend you for stepping up today to um advocate for yourself.

It's not easy for anyone to do, even on very minor circumstances, and and this one pertains to your livelihood, and still we find some people don't have the courage to step up and um appeal on their own behalf.

So thank you for doing that, and thank you for letting us see what courage looks like.

I know that um Cobb County does have different standards than other jurisdictions, and it's because of the high bar we have for um public safety, and um I appreciate the work that you've done and the desire to um not want to jeopardize your livelihood.

I know even as you spoke, I felt the weight of what occurred that gave rise to your um conviction arrest and conviction.

I felt the weight of that on you, and I feel like there may be some um loose ends with respect to that, and you stated that you could provide us information about it if you do need us to even reach out to somebody on full-ton on your behalf because of some concerns you have out of um graciousness.

I'm sure we could do that.

Um, but today the concern is for the safety of Cobb County citizens with respect to you being a server here, and I'm a person who tends to be full of a lot a lot of grace, and and in this um circumstance, I do want to defer to the district commissioner and his assessment of this matter.

Um I'm still weighing that, Commissioner, because I understand where you're coming from, and I also know that over the 10 years of service you have not had an incident, and seems as if whatever happened in your life was pretty significant to result in the turn of events that you've had.

Um but I certainly understand your reasoning, Commissioner.

I understand the arguments that have been put before us today, and it's appreciate everybody's role in helping us get here.

That's Commissioner Burrell.

Um, this is a question for the attorneys.

Um if this is denied today, is there a time period that he has to wait till he can come back and apply?

Can it be based on his probation when he meets all the requirements that he spoke about before his record is expunged or he needs to be aware of what he we can he can do, but I'd like you to tell us as well.

I appreciate the question.

I'd like to know also.

Yes, ma'am.

He if he's uh the denials upheld today, he can reapply in 12 months.

Uh, and then we will again consider everything at that point.

He would still technically get administratively denied again in 12 months, and then he'd have to go back before the license review board again.

However, if there were a different outcome during that, and they hypothetically approved his permit at that point, he would not have to keep doing it every year after that.

Right.

It's only up until the point where he's approved, then he would be approved until he had unless he had another arrest, which I hope doesn't happen, but that's kind of how what he's facing in Cobb right now, and unincorporated cop.

Yes.

I have a question.

Um so just for clarity, once he finishes with drug court, and his record is sealed and expunged, and he were to reapply, that would then not show up on your background check.

Theoretically, I I am sure we I am sure we have servers in Cobb County who have expunged records that are pouring alcohol.

So my my question is if he were to apply as they did, when everything is completely sealed and expunged, then when this will not be taken into consideration as an action for that.

I just want to make sure that yes.

Now practically speaking.

Um if it does not appear when we and that depends on how he's run.

The the code under which we run people is very specific, it only checks certain things, and um, so there's a possibility we may not even see it next year.

And so there's a possibility we may not even see it next year.

If he completes before next year or before his 12 months and he comes back and applies, there's a chance we may not see it.

Commissioner Pearl.

But once he completes everything and it is expunged, and he comes back, even if it shows up, he can prove that it's been expand.

Correct, but he'd have to bring that before the license review board.

We wouldn't be able to make that decision in my office.

We're not allowed to, because the ordinance is clear we have to administer.

And then he could go for an appeal.

Yeah, and we have them then to us.

Correct.

And they're every two weeks, so it's he wouldn't have to wait too terribly long as long as he did his appeal in time, but yes, he would have to go through the process again.

Um but once he was approved, he wouldn't have to do it after that.

Right.

And I I believe he said 18 months is his um drug court.

18 to 24, he said.

And and again he could reapply in 12 months and the the license review board could approve him, even with if he's still doing his drug court.

Uh I can't obviously speak to that whether they will or not, but it's always a possibility that he doesn't necessarily have to wait till he's completed uh his drug court or whatever other obligations he has, but that's that's gonna be up to him whether he wants to go through all this again, but he will have to uh initially, yes.

Okay, thank you.

I have a question for the attorney, county attorney.

Is there a way to condition this so that he can get the license once he has completed drug court?

No, no, because just ask him.

Yeah, and the permit's only good for 12 months.

Oh, the permit is only good for 12 months.

Yes, so he they uh everyone has to reapply every 12 months.

Got it.

So I thought okay.

I I misunderstood what you said earlier.

Oh, okay.

Yeah, well, he has to wait 12 months to reapply, but if he were even if you all approved it today, it's already been issued um August 1st, so he would have to come back before August 1st of next year to renew it anyway.

And then it would be and it would be administered, it would be administratively denied again at that point because he would still be not if you approved it today, no.

That's what I was trying to get.

Okay, so yes.

I apologize if I would so he would have to reapply, but this would not be taken in consideration.

This charge would not be taken into consideration of the license.

Because you've waived because we would be waiving this instance.

So if you all approved it today, or however you legally word it, gave him his permit today for simplicity, then he would not have to do this every year.

Well, you're thinking about that, Commissioner Allen to go to Commissioner Gambrill.

I I think I can help you out here.

So I have a question.

Sure.

If we issue the permit, and and let's say Mr.

Boyce gets arrested or gets a ticket within that 12 months.

Is there something in the system that flags you that uh essentially a violation has occurred that could potentially suspend the permit?

No, ma'am.

We wouldn't know about it until he came back through and applied again.

Okay, okay.

And in I suppose the question I I have thoughts on that.

I'll let you you have a question.

Just as a follow-up.

Um could could we uh once again this may be to you too, Debbie, but uh if we were to approve today, can we require more intermediate intermittent, so maybe a quarterly background check just to just flag if anything new has occurred, and as long as anything new has not occurred, then he could maintain his license.

No, because it's we would have to do that for everyone.

Well, why would you why would you have to do that for everyone?

Well, there's just I mean, we we really just can't, I mean it just can't be done.

I mean, it does it's not required by the code, so it would be a another obligation on both staff and the applicant.

Um may I ask a question of Sergeant From Office?

So when the uh if it was approved today, would the a criminal background check be done next August 1?

Yes, before it's renewed.

So you have that time period, so it would be what today's October August.

So there would be another background check July ish before the renewal.

And and what we would be waiving today is only this specific conviction, correct.

Yes, so anything new correct would require suspension.

Well, deny or denial of the license if it if it's one of those areas in 206 that require the denial.

If he gets a speeding ticket, that's not a disqualifier, it's not family.

Yeah, we've given grace to allow others, sir.

I think you may try to provide clarity to something that we've heard.

Is we have to come up to that's okay.

So um I I would just like to point out to the board of commissioners that if I get another conviction, I have much bigger problems on my hand.

Okay, thank you, sir.

Appreciate that.

But he's still in a lease.

Commissioner Gambrell where I have some um comfort is that he is going through a drug treatment program for the next 18 to 24 months.

I'm sure Fulton County's program is similar to COPS, and we've all had the benefit of hearing how these programs have allowed individuals to change their life and get on to a better course.

Knowing that he is subject to drug testing, checking in with this probation officer and a judge on a weekly basis.

If he does something wrong, he's not gonna be at work.

Right.

So to me, I have that little bit of grace in again not knowing the situation.

Um, but you could see the emotion on your face having to sit here and and discuss it, and I'm so sorry for that.

Um I think we have another check that is gonna be above us to help support our decision today.

I appreciate you saying that for any of us who are familiar with our affinity courts for those that participate at least for the drug treatment court, there are periodic screenings.

My presumption would be if this is an alcohol related matter, there may be that, but there is an additional level of judicial oversight in those programs.

In fact, I've heard from the judges that some people don't like participating in those programs, they rather take the charge because the requirements can be viewed as onerous.

Um I appreciate you sharing that with us, Commissioner Vanbral.

I I I just want to add simply um that I commend you for being here today and sharing what sounds like might have been a very personal time in your life, but now it's on display, obviously, um, in front of all of us, and things happen, and we understand that, and sometimes things can be avoided, sometimes they're not.

But the bottom line is we have situations in front of us that we all must deal with.

Um I I too, although we have our code, um, which is very um, I'm not gonna say strict, but we have our code in in in um for reason.

But I too am comforted by the fact that you are going through this process with Fulton with Fulton County, so you do have those accountability measures in place to which we can't really um modify the code to meet you in that place where you need us to meet, but you do have accountability in Fulton County through your probation officer through the drug treatment court.

So that also brings me a level of comfort uh in understanding that you know I I do believe that um you're genuine when you ask for a second chance, and um I I'm supportive of that if that's the direction that you choose to go in.

Thank you so much, Commissioner, for sharing that, and I just want to um correct what I said.

I think I said affinity courts, but as you spoke, it's accountability courts, and that speaks for what it is, it holds people accountable for what they've done, and again, there's some people who might much rather take the charge than have to have that ongoing oversight of accountability um through those programs.

So I appreciate your observation, Commissioner, Commissioner Burrow.

Um the server permits are for one year, yes, ma'am, 12 months so the date.

So it goes back to August from when he applied for a year.

Yes, ma'am.

It's 12 months from the day you it gets issued.

Okay.

And it was issued but denied on August 1st when he originally applied for it.

So it goes back to that day.

And then he would have to reapply it in August of next year.

Yes, right.

To in COP.

Yes, ma'am.

It surprises me that Fulton doesn't have a is not does not require a um a permit to serve, but um, and this is a question for you, sir.

Um, how long when did you start your probation period or drug court?

Um I believe I started it when I pled guilty.

Pardon?

I believe I started it when I pled guilty.

May 15th.

May 15th.

Okay.

515.

Okay.

And the probation is 10 years.

Yes, ma'am.

Okay.

So you said that would be completed in 18 to 24 months from May.

Um, the drug court, the program that I'm in.

Um the 18 to 24 months depends on basically whether or not you mess up.

Um if you mess up, they extend it.

If you don't mess up, it you know, it can fall anywhere in between.

Uh, there's some people, my I don't want to call them peer acquaintances within the program that I've met with have been there for almost four years now.

Um I don't plan on being there for that long, unfortunately.

Um I I have a lot of plans for my life, and I would like more of my life to include free time.

And full disclosure, this is not a court of law, but the um assault charges and conviction that occurred in Fulton.

Is that still an active case with the party?

No that's over.

I have a conviction.

I've been convicted of it.

No, I don't think it's still active, like it's case closed.

No, no, not that, but I mean he referenced the party stalking involved.

So I didn't know if you had a result of that case pending or I'm in well, I don't know yet, but I'm in the process of litigation for um of restraining order on them.

Uh for aggravated stalking.

And and just for clarity on the panel and for because there's a a difference from the accountability court and the probation.

So even when the 18 month is over, you're still gonna be under probation for 10 years with the drug and alcohol testing.

Um for eight and a half years, I believe at that point, but yes, for eight and a half to eight.

Yeah, so okay.

Okay, I just want to remind commissioners that the motion pending before us is for denial.

Um that uh motion can always be superseded with another motion, but right now that is what is before us today.

I I would like to make another motion.

Okay.

Um do I need to amend the motion or just a new motion, Debbie.

It it's a it would be a new motion, and then your second would have to agree with the motion.

Uh your your new motion.

Okay, and so the new motion would be a motion to approve um the license.

Okay, I'll done okay.

I'll second or or we or we make in the motion based on the LRB.

So it would be a motion to reverse the decision by the license review board.

It can either read to or uh I mean be read as to grant the the permit or to overturn the LRB decision.

Okay, so motion to grant the permit um to Mr.

James Boyce again.

Is there any further discussion, Commissioners?

We'll call the question the motion carries 4-1 with Commissioner Burrell and opposition.

Sir, we wish you the best on your path forward.

Don't disappoint us, please.

Our meeting is now adjourned.

Thank you.