I'd like to call the city council agenda work session order, please.

First item of business is agenda work session minutes from DC of the 8th, 2025.

Is there motion to approve?

All second.

Nothing looks like discussion.

All those in favor, please vote you run in.

All opposed like same.

Do we extend we have two of the abstain?

I voted.

Six four morning stain.

Wait, wait, that's too many.

Six zero.

Six six six six six four.

Zero against one abstract.

They say there's not eleven of us.

I'm sorry.

Mayor said it was correct.

I was like with six four.

That's ten and bodies.

I'm sorry, Mayor.

Mr.

Kitt.

Your initial voice in the BOW report.

Yes, sir.

Thank you, sir.

I guess we start with the uh audit.

We had the audit meeting uh prior to the board meeting.

And the uh the annual comprehensive financial report was uh uh was given and approved by the committee.

And uh also we um uh came back after lunch and and uh and we open up with um the BOW operating department's Ron Morrow called a meeting.

Um and Pettina gave the financial report.

And just trying to summarize, you can correct me if I if I make some mistakes, Bettina, but the Board of Lights and Water continues to maintain a strong and stable financial position.

Revenues and expendit expenditures are generally tracking in accordance with the adopted budget, and the organization remains well positioned to meet its operation and financial obligations.

Electric and water utility revenues are consistent with budget expectations.

Normal seasonal variance and customer usage were noted, but no unusual or adverse trends were identified.

Customer billing and collections remained steady supporting reliable cash flow.

Did note that the uh water usage was down, uh which uh caused uh I guess a uh reduction in revenues received from the from the water.

Umperating expenditures are being managed with approved budget uh parameters, personnel operation and administrative costs were reviewed, and no material budget overruns were identified.

Continued attention is being given to cost controls, particularly in the areas affected by inflationary pressures.

I know uh Bettina mentioned that we did because of the raise, there was an increase in amount of uh revenue on uh the cost of water for the month of December.

Um Ron and his report there in the back of the uh the book there is uh two items that you call to our attention to uh what section was it in special reports.

Um while you're looking that up, I do have a question related to the financials.

Is it okay if I ask?

Okay.

Um I know that it was reported earlier that the uh share coal plant was on for a long period of time, namely because of the outage for the Wandsley combined cycle.

Has the combined it said that the outage for the combined cycle should be should have ended in December.

Has it ended or is it still ongoing at this time?

The umsley uh nine is back online.

Um in Shear, like I said, was just overage, so we were only using that in the instance that um we did when the um plant was out.

So those were brought on, but they are um Shear, I believe, may be committed um coming up later this uh week due to um some of the cold weather that we're expecting.

So um we're on the lookout for that as well.

Um if I remember correctly, sh the coal plant generally run um generally runs at higher higher costs as opposed to the Wandsley 9 combined cycle gas combined cycle term with that being usually one of our second lowest outside the nuclear, the two nuclears we have for hatch and fool, correct?

That is correct.

The um coal is one of our um highest um resources, so we only utilize them when necessary.

And we also have the combined and the Addison plant was ever used the single-cycle combined gas that's usually running high, usually also runs higher, right?

So the Addison plant is our most expensive uh resource.

That one is a kind of a last resort.

We have utilized it in a pla in the past when there have been exceptionally high um uh market prices that we were able to um capitalize on via sales, so we would run that plan in the event that the um sales market prices were much higher than the actual cost of running the plant.

Got it.

Similar to the event that happened in December 17th, that cold snap that got the market prices up to 145 dollars or so properly.

Um the report from um the meeting earlier today, the BLW report, we did see spikes up um upwards of a hundred and seventy dollars um for the market pricing, so we were able to um get some sales from from those um opportunities.

Okay, thank you.

Uh the two reports that Ron had in the for the uh the BOW to review is uh the BLW policy board policy and the strategic planning.

They're in the back of your book too.

If you want to take a look at those, those are objectives for the BLW.

Um also the the uh top county Marietta Water report is in the book.

I don't know if Rip is here or not.

Uh don't see him.

So that's in the book.

You can take a look at that if you have questions.

Uh you can let us know.

Uh that was uh didn't have to be approved, but it was mentioned he was not been in the meeting either.

Also um Terry Lee was elected as vice chairman uh by the board.

United unanimously so Mr.

Mayor, you want to talk about that um gift we got for Christmas?

Yes, sir.

Well, the two things, first of all, just a reminder as far as the GMA convention in Atlanta that the dinners that's a good chance to get together with the other 48 cities, and that'd be on January 25th at 530 at the Georgia uh, excuse me.

I made fun of Jim Fuller say he didn't put the whales to sleep.

So um it's quite a backdrop, but the thing was on uh December 24th, we get the board how we releasing this is been slow, but the board got notice that uh being a board member that me ag years ago as a senate from the federal government, they had tax credits for nuclear, which with the plant hatch and to plant Vogel one and two, and after years of lobbying, they finally figured out a way for nonprofits to get the benefit of a tax credit.

I mean, since we don't pay tax, it was uh an unfunded credit, unfunded benefit.

So finally after 15 years of lobbying, including nonprofits all over the country.

I mean, it it in the nuclear industry uh we found a tax return in October and November.

But it's a tax return where we don't pay tax, and we got a miag per se got a refund of 84 million 796,909 and five cents.

But if it's almost like an offer, this is the first time this return has ever been found, and they you know it'd be years before we see it.

But you know, or they might apply it it is your fine, especially the new members.

Refunds for the variable costs, but not the fixed cost, and more likely this will go to the fixed cost.

You know, they they might choose to reduce the debt that we still have quite a bit for another 24 years on vocal three and four.

But but the 84,000, we Ron reminded me, we don't in a cent we own 13 percent of it.

We be in the city of Marietta.

But that's that was quite an email to get on.

The meag managers here and they it ain't even spit through the system yet, so we're we're one of the first cities to know, but uh 84 million dollars a lot of money, and that sure can you know especially with a concern people worried about going up.

We didn't raise our rates in twelve years.

This will help probably more toward when we get into vocal three and four financing uh I guess about twelve years from now.

And but I enjoy talking about the 84 million, so that's that's the news for me, eh?

And I'd like to point out I think I saw Griff enter the room.

I'm sorry.

I think Griff's in the room.

Oh you want to come back if you're sorry, I I got uh had carroted blocked me in my driveway.

My car works just fine.

But um anyway, um if y'all live with a daughter that that drives and parks right behind your car, you'll understand, you know.

Okay.

This is for the um month ending November 30th, 25.

Um water sales for the month averaged 72.

uh seven million gallons a day to a budget of 70 uh 2.5, so it's real close.

Um that exceeded the budget by just 102,000 dollars is pretty pretty good.

Uh operating income for the month totaled 2.6 million, which exceeded the budget by 489,000.

Year to date net income exceeded the budget by 5.1 million dollars.

Um year to date um net income exclusive of unrealized fair market value adjustments exceeded the budget estimate by 3.7 million dollars.

Um year to date spending on capital projects totaled 69.2 million on the date of the financial report with the meaning annual CIP budget commitment of 22.9 cash reserve for CIP spending totaled 64.8 million dollars at the end of November.

Um for y'all that don't know that's where we get the money that uh when all that money and capital is is still earning money, so it goes back into the uh uh water authority.

Um let me uh say also if for for this at this stage, the the water authority is not Cobb County Water Authority.

This is the Cobb County Marietta Water Authority.

I know you know it.

So uh, but I just wanted to let you all know when you get get to these, and I'll be uh doing reports on the uh the work that's being done, and there's right now there's about five linear projects, pipe projects that are all on schedule.

There's three facilities projects, buildings and stuff that are on schedule, and where it's four new projects uh in design, then those are all on schedule.

Um in addition to that, uh the water authority has eight um unfunded mandates by the EPA that we're working on right now, and we're always working on eight to ten of them.

Um anyway, um if you all got any questions, let me know.

Thank y'all.

Thank you, Griff.

Thank you, Griff.

Can I ask you a quick it came up today?

The lowest amount of water sales we we've ever had this month.

Pretty close to it.

It's pretty close.

Was it because of the rain or just because of people are getting more conservative or I don't think it's because of the rain, but uh did I leave off?

I didn't move it off, but I didn't bring it up.

Rainfall average total 39.9 inches at the end of November compared uh to an average of 47.6, so it's really a lot drier.

Uh last year which is about one percent decrease.

So maybe that and maybe people are trying to save money.

Uh no telling on that exactly why they're not buying.

They're not buying much more.

Yeah, if water's down, then the sewer usage is down too.

So for y'all is it doesn't matter.

Yeah, but I mean that'd be the correlation.

Yeah, no, it definitely is because that we just we sell all the water to to um and we sell the water to uh Cobb County water.

Uh some to Paulton County.

I think we sell them about 15% of their water.

Um I think we've got one in Mountain Park that we sell their their water to.

So it's we're a supplier, and that's one of the places out there.

I'll I'll I'll do another little phone show of what all is going on for y'all.

But there's two big facilities, one out uh that comes out of Altoona that's out uh anyway, it's out toward the lake over there, Lake Alpina.

And we've got another one that's down Robbie Road.

If you notice across on the post office out there, it's a big facility out there, and we're building a new one on top of that, so it's fifty million dollars right there.

Of course the so is Marietta the only municipality that's the water sales is down, or is is it crossing?

Across the board.

Well, I thought you were gonna ask me if we were on municipality of the water supply.

I think we've all crossed maybe on the park because we got we were on there in 1950, nobody else was almost with the lawsuit got on in the last 20 years.

That's why I forgot about Smyrna.

Um we supply we're the largest municipality supply, you know.

We're not trying to anymore.

Thanks, guys.

Thank you.

Hope you can get back in your driveway.

Right.

Ron, is there anything you want to add to the uh mayor asked the question about the uh water sales being the lowest they've been in a while?

One one consideration is um could be a bad meter on Cobb side that we have to pay for later.

So because if you look at the revenues, we're not that short on water, so it can be a host of things.

That's that's something to consider.

And who fixes that meter?

So we that'd be Cobb County Mary Water Authority, so it's their meter.

So just throw that out there.

All right, that's uh Ms.

Brown.

You can make a financial presentation.

Yeah, she's prepared to if you would like one.

Yeah, he just kind of covered it.

Okay.

Yep.

Um, I'll try to make it brief on a bit.

Um councilman Kent went over a number of aspects of it that I covered today.

Okay.

So looking at um November, uh our bulk resources are under budget by 770,000 kilowatt hours.

I'm on page one if you want to follow along in your book.

And this particular view compares the actuals for the MIAG budget versus our actual costs.

The total power costs are on target.

The supplemental revenues are under budget by 403,000 dollars for the month.

Looking at the second box at below the year-to-date supplemental is which is offsetting revenue is down by 2.1 million, and that's year to date.

Just as a reference as I'm going through.

Would you explain real quickly a supplemental?

Yes, sir.

So the supplemental sales are sales that we have inside the MIAG family.

So if a one city has extra to sell off, then they can sell that energy to another participant inside the MIAG family at a cost.

And any revenue out above the margins will be returned to the seller, and that helps offset our wholesale cost for that month.

It is applied to the bill.

It is not given as a separate payment, so it's just applied directly to the bill.

With the way that the market is currently, as well as with the onboarding of Vogel 3 and 4, Marietta has a large portion of the supplemental sales.

So we are what we consider to be a long city, so we have extra energy to sell off.

So at that becomes a very important portion of our bills each month, and the market pricing fluctuation changes that greatly.

Moving on to page two, looking at our BLW budget.

So internally, our November budget comparisons reflect an uptick in costs, a total 929,000.

Our fiscal year to date, the total power costs are up by 3.8 million.

Our monthly PL monitoring is performed.

Just to try to ensure that our revenues and expenditures are in line, even though we may be our power costs may be up, our other expenditures may be down, and the revenues may also offset that, but overall we are still in line.

Moving on to page three, natural gas prices, as well as our spot prices are up.

As we go forward in some of the supplementals, you'll see the operations there where there were a couple of cold days, the pricing jumped up.

I'm on page four.

Moving to page five, um, that kind of gives a quick question.

Yes, sir.

Difference between gas market price and the spot market price.

Okay.

Gas market prices gives the overall monthly average of spot market price, it's just um the pricing at any particular point where it reaches the peak.

So that would be the spot market or the pricing point at a given point in time.

Okay.

Um on page six.

One item to note is that the Wansley cycle to give you an idea of how those plants fall.

We have Vogel one and two, and hatch one and two, those are nuclear plants.

Those are typically one of our cheaper cheapest resources.

And then you'll have Wandsley 9, which is a what we call a combined cycle.

It's um natural gas and oil, and then you'll have the shearer plants, shear one and two, which are oral plants.

I'm sorry, our coal plants, and then Addison also a dual, I think it's a dual cycle.

Um, or is it a coal plant?

I can't remember.

Single cycle.

Single cycle gas.

But it has a contractual combined.

Yeah.

Okay.

And so the order of resources from the cheapest to the highest is going to go Vogel, Hatch, Wansley 9, Shear, and then Addison.

So those are how typically we will want to dispatch those plants in order to maximize the profit in order to increase the amount of sales.

So that'll that comes up as we talk about outages and things of that nature.

Um looking at uh page five, you'll see that the pricing.

This is a one-day snapshot on December 15th, where there was pricing upwards of 170 dollars per megawatt hour.

Um so that gives you an idea when we have colder temperatures, the changes in the pricing.

On average, they're about 44 dollars.

Our off-system sales on page nine.

Uh off-system sales are when we sell not inside the MIAG team, but outside, that can be to anyone outside of MIAG that would are in need of energy.

We would sell to them at a profit.

So there's offset when we say off system, so out off the MIAC system.

Okay.

And so the year-to-day off-system sales are up by 180,000.

So typically those sales between when we talked about supplemental and off-system, they'll toggle between the two, depending on how the market looks.

If the market um tends to be up and um we don't have a lot of participants in need of energy, then the off-system sales will increase.

If likewise, if we do have a lot of participants that are in need of energy, you'll see the supplemental.

At this point in time in the last three years, I believe supplemental has been in more instrumental than the off-system sales.

Okay.

And then lastly, our non-coincidental peak, um, which is very similar to kind of like our spot prices to one time uh what's the highest that um energy um that we need at any particular time.

That has on par with the five-year average.

And then for the month of November, and then moving on to page 11 for the energy requirements.

That is also on par for the five-year average.

And lastly, I'm gonna jump to page 12, where we talked about the water, and that shows what the mayor referenced earlier, as I mentioned it was the lowest we've seen in five years for the month of December.

Okay.

And in the interest of time, I'm gonna try to skip through this real quick.

Um for the financials, the operating revenues are up by 300,000 for the month compared to last year.

Um this is due primarily to the increase in the retail rate that um we saw, which was about a little over a year ago for the electric.

Um we've also seen that as well as um with the water, and those were in response to the increase in cost that we were receiving on our wholesale side on page.

Um page one, the overall fiscal year to date revenue is down by 700,000 compared to FY25.

Um on page two, the pickup in revenue was offset by the increase in wholesale electric costs, and that's reducing showing a reduction of our operational margins for the month.

So year over year um for the month of December, we're looking at a reduction in margins from 42 percent to 40.

And page two, the year-to-day income from operations are about four million dollars less than prior year, and the difference is a mixture between a reduction in our operating revenues by approximately 1.8 million, increase in their cost of sales and an increase in our administrative expenses, and then lastly, our reserves or excess reserve.

We have a reserve requirement that is a three-tier requirement that we have that you'll see as our target reserve.

Um then we have our um surplus reserves, which is in excess of that, and we and that is at 30 million.

And that concludes my report.

Well you talked about just one point for the new we're on the verge of uh having solar.

But three kilowatt, I mean three megawatts.

Yeah, in Central Georgia, so I forget what the date is, but it's coming soon.

Not the whole thing, but we'll get part of it in the next few months.

Thank you.

Can I just add for the new members?

Um, I don't know if you saw this email that came out, but on Monday the 26th, so after the legislative breakfast with GMA, MIAG is gonna have a MIAG 101.

So they ran a test of it at the last conference, and I stayed for that.

And it's a pretty good, it talks about generation, transmission, supplemental, um, so it covers all of our system all of the systems that MIAG has, and so it's a good way to get a lot of information at one time.

So just know that that's out there, and it's gonna be on Monday starting at 11 a.m.

I think they ran about two hours they provided lunch.

Yeah, I think they provide lunch, but if if they cut out all the stuff about the history of energy from 1890 something, it would be a little under two hours.

And the location for that is fairly close to state capital, which is where we'd end that day uh in that day on the GMA conference side.

Because you usually go to the Capitol that morning um talk with talk with various legislators and then take a picture around 10 a.m.

and then that would begin at 11 at the freight deeper right close.

Consent.

No objection to consent.

No objection consent.

It's the last item on our agenda and just let take it a little bit out of time.

So that's on consent.

The next three items are 2,026 delegates of this body.

And the first one being Cobb Municipal Association.

Yes, sir.

Well, total seven cities in Cobb County.

These delegates help to help determine the their uh quorum requirements for their meet for each of their meetings, the second Tuesday of every month.

The first one is going to be at the Cobb chamber in February on that February, uh second Tuesday in February.

So uh if you're signing up to go please try and make sure they go because that's how they figure out what they can have the meeting and do business.

Um I'm on the board of directors for that being an immediate past pre the most recent immediate past president.

Um I don't have a vote though in terms of the voting delegates, unlike for unlike if we had an officer on the board.

So I would be okay doing that, and I usually go to those meetings because of being on that board for is one of the two.

Is there a motion for the two delegates?

Surely we'll go for it as well.

I make a motion unless somebody has something else they want to do, uh, that Joseph and I are the voting delegates for CMA.

Second.

Okay.

I second that.

All those in favor of those being the two delegates, please raise your right hand.

Motion carries.

No objection.

No objection.

Okay.

Yeah, the motion was actually to move it forward.

Yes.

To the WISI.

So the next is uh GMA, which is what we vote twice in June and January.

It's usually just in June, but if something something weird happens, there can be another meeting like we did a few years ago in January.

Um this is a appointment of a voting delegate and an alternate.

So one would be the main person who would do uh be would um need to vote, and then the other one it can stand in their place if they're not in attendance.

Um is going to be make sure you're at the at that meeting in June on that Sunday or month in that Sunday or Monday.

Is there anybody that would like to be considered point?

I can I can do I can do one of the two again because I'm usually at most of the conferences.

So make a motion.

Yes, please.

I'd like to make a motion to appoint Councilman Sims as the voting delegate with Councilman Goldstein as the alternate.

You look really excited.

I'm good.

You may have a 10 buddy.

That's what happens.

All good.

All those in favor, please raise your right hand.

Second set.

Well one second, second to make sure.

Okay.

Couldn't hear that one.

Motion carries all right to put on consent.

National League of Cities.

Um this is similar to the GMA.

It is a voting delegate and an alternate.

The vote um the generally the only time again could be at the times, but is generally at the November meeting on that Saturday.

The that's uh on that Saturday of that conference, and this year it will be in Nashville, Tennessee.

Do you already have a vote as ITC?

I do not as ITC because uh the I'm uh I have a vice chair, not a chair of that one.

Um for that.

So we do we do need to select select that.

So if anyone's thinking of going to NLC and would like to try like trying to be that, I would suggest going forward with that, if not.

Sounds redundant, but I'd like to make a motion for Councilman Goldstein as the delegate and for councilwoman Richardson as the alternate.

Second.

Any discussion?

Need some people stand.

This is moving it.

Forward to the agenda with those two names.

All those in favor, please raise your right hand.

Motion carry all right for consent.

No objection.

Yes.

The board.

2020.

The court was presented as from Mr.

Ghosting and Ms.

Richardson and for this first year.

Their experience would be invaluable because this is a full-time job in itself.

Very active board because it's very active.

Looking out to 40 or 50 years in the future.

We're talking pension board right now, right?

Yes.

So it says pension board.

Yeah, we kind of skip that.

We'll go back.

But it says pension board for a three-year term expiring on 29.

No, it's going to be one year expiring in December of 26.

The date right, the time is wrong.

Okay.

Is there a motion?

Why don't you make this one?

I've done the last two.

Sure.

Um I will make a motion to move this forward to the Wednesday agenda, uh, Wednesday agenda recommending approval.

Second.

All those in favor, please raise your right hand.

Motion carries for the one-year term is already put on consent.

No objection.

So we have to go back to the board of review.

Historic board of review.

Okay.

And that was a minimum.

The historical board review.

It was Johnny Walker, but it does not have to be a councilman.

It's our appointment to the multi-member board, but I guess the last few years it's been a councilman, but we we could appoint anybody we wanted.

You might have a field for a motion.

So is is Johnny not on it now?

It is if we reappoint him.

So we have to reappoint.

It's every year, I think.

Is it a year, Stephanie, or two?

Two years.

Does he want to continue on it?

Question.

Definitely.

I make a motion to appoint Johnny Walker.

Second.

Have we checked with Johnny to make sure he's okay with that?

The last time I talked to Johnny about this, this was the one thing he wanted to do.

Okay.

Okay.

I would think he wants to be on the bid.

I mean, if if we hear differently, um, we can always change it, yes?

Yeah.

So I mean the official vote's Wednesday.

We're just moving it forward.

Yeah.

And I think we could put on consent.

And for all the new members, you can take something off the consent Wednesday night.

So this is not construed as we so motion was made in second.

Oh, yeah.

Yeah.

Daniel second.

Um all those in favor, please raise your right hand.

You know, I do consent, and we'll we'll all double check with Johnny one more time.

Yeah.

I'm okay with consent.

Yeah.

Okay.

Well, the annual comprehensive financial report.

Nicholas Collie would be here, Ms.

Brown would introduce it too, please.

Good evening again.

So each year our finance department partners with an external auditing firm to review and report the financial health of the organization.

And we have Jenny Harris from Nichols Collie, who has worked with us on our audit for the past 13 years.

But um just prior to that, I would like to just give a brief synopsis of some of the highlights that you'll find in your ACFR in regards to the health of the city.

Um in the MD MDNA on page five, you will see that the city's net position totaled across all areas is 481.4 million.

That's a 49 million dollar increase from fiscal year 24.

And all the major funds net position increased except for the conference center, and that's just due to their long-term repayment structure.

Of the $49 million, $28.5 million is related to SPLOSS and their ongoing projects, and the remaining $20 million is business related revenue increases.

The governmental liabilities portion decreased by $6.1 million to $169.4 million.

And the general fund balance also increased by $2.4 million over the prior year.

Taking a look at the pension plan, the net position rose $7.8 million year over year.

And overall, the city is in great position despite some of the revenue constraints that we saw for FY25 and also our experiencing here for FY26.

And with that, I'll turn it over to Ms.

Harris for her official report.

Good evening.

Thank you for having me here this evening to present the results of the 25 annual results of the annual results of the 25 audit.

We have been serving local governments for 40 years, and we currently are serving about 75 governmental entities.

I am a senior audit manager, and like Patina said, I have been on the City of Marietta's audit for 13 years.

And the partner on the audit is Greg Chapman.

Last year was his first year on the engagement.

We rotated partners last year's to get a new perspective on the audit.

So then to go over the results of the audit, I thought it would be important to talk about management's responsibilities versus our responsibilities during the audit.

So management is responsible for the preparation and the fair presentation of the financial statements in accordance with generally accepted accounting principles.

And they're also responsible for the design and implementation and maintenance of your internal controls relevant to those financial statements so that they're free from material misstatements, whether that's due to fraud or errors or violations of laws and regulations and agreements.

During our audit, during our planning, we consider the internal control structure of the city.

This is probably the slide that you guys are waiting for here.

Our opinion was an unmodified or clean opinion on the basic financial statements, which means that we believe the financial statements are fairly presented in accordance with generally accepted accounting principles.

Also, we noted no material weaknesses in internal control over financial reporting, and also our tests disclosed no instances of noncompliance with laws or regulations or agreements that are required to be reported underneath governmental auditing standards.

Also, we perform a single audit, which is an audit of your federal expenditures.

And we select a major program to audit, and this year it was your ARPA grant, and that grant represented 68% of your federal expenditures.

Yes.

And so that was the program that we audited this year.

And that opinion on that program was a clean opinion as well.

We noted no material weaknesses in internal control over that major program.

So that's good for that as well.

The next couple slides are over some major areas or major funds of the city.

So this is your general funds fund balance over the last three fiscal years.

And then the gray bar is your unassigned fund balance.

At the end of fiscal year 25, your total fund balance in your general fund was 43.5 million dollars and your unassigned fund balance was 13.6 million.

It's an increase in total fund balance of 6% and a total increase in your unassigned of 43%.

Your unassigned fund balance would cover approximately two months of your general funds expenditures, which GFOA recommends two months of expenditures being covered by your unassigned fund balance.

So looking at this chart, you can see your general funds fund balance is growing over the last three years, which is a good indicator of the health of your general fund, as well as your unassigned fund balance growing as well, and it being able to cover two months of expenditures.

This next slide is your Board of Lights and Waterworks, it's net position, it's equity.

Same thing last three years.

Um the blue bar is the total net position, and then the green or gray is um unrestricted net position.

So total net positions 259 million and unrestricted is 67.8 million.

Again, you can see increases over the last three years.

Um total increase over the last year was nine percent, and in your unrestricted net position increase 28 percent.

So again, you can see the health of your BLW over the last three years.

This last slide is your governmental activities debt over the last three years.

Um governmental activities is all of your governmental funds.

Um even if I said all of your all of your funds, your enterprise funds as well.

Um the only thing that's being excluded here is the debt in your golf course fund, which is 168,000 in finance purchases.

So very minimum amount in your other funds, but in your governmental activities, you have bonds and notes payable, um 46 million dollars and bonds payable and notes payable of three million dollars.

So overall 49 million.

Um again, you can see the decrease over the last three years in your debt.

Um I'd like to close out by saying thank you to Patina and the finance department.

Um I know I ask and all of our staff ask a million questions and ask to see a lot of things during the audit, and they're very helpful and they're quick to provide information.

So very grateful for their help during the audit.

So I'd be happy to answer any questions you guys may have.

Notes payable.

Can you give me some more information on what that means?

Notes payable.

So the um notes payable is the DMDA's bond.

So since the DMDA is not the City of Marietta in the City of Marietta is paying that bond, it's considered a note payable for this presentation.

I had the had noted it.

Yes, the 2016 DMDA bonds.

Which I also noted, made a note that that one's gonna be paid off in fiscal year 27.

So it's almost done.

Maybe what was that bond in 2016 for the DMDA?

Do you remember?

We know it's interesting.

It was listening here somewhere.

Is that the one for the refinance more from our sales?

Because it's an enterprise fund.

Yeah.

Somewhere in this report, I know it lists out where all the bonds are and all the refinance dates.

Do you remember where in that report that is?

I want to say it's note six on the statistical section or special report section.

No, it's in the note disclosure.

So after the first section of the financial statements.

Okay.

Okay, page 46, maybe.

I think it's page 46 is note six, long-term obligations and goes through the uh different series notes that we have.

Yeah, so it looks like you got the 2013 ones, which were redone in treatment in 2020.

And uh not as well.

Yes, so the DMDA bonds refunded the 2009 bonds.

Yep.

This is a personal question.

The um debt that we has in our name, but you know, it's off balance sheet.

And it's it's in the Georgia code, the full faith and if we didn't pay it.

Yeah, it's not shown on a thing, but it's not paid, we'd have to pay it.

You know, according to Georgia law.

So we don't record when full faith and credit is the not until they would default on it, would you have to record it as a liability?

I do believe that there's a lot of things.

I just always feel better aired it because I do believe disclosure in here regarding it.

Um I would have to look, but but yeah, until they default on it and it is actually payable by the city, you would not record it until then.

But we would be would we be liable for our percentage of of it or yeah, the modern attorney's got the certain amount that goes to us to the change one of the four and cities?

Page 49.

You're right.

I found it too.

How much does it say it is?

Um it gives us just it it just makes a note about it.

It doesn't give the exact number.

It just says that the city's payment obligations, which extend approximately through 20 year uh 2056 or general obligations to the payment to which the city's full faith and credit and taxing powers are pledged.

And that the city purchase bulk power totaling fifty sixty-five million from the authority during the year that just ended.

It just made a note that we are subject to that full faith and credit.

Right.

Yep.

But when we're right about bond, we have to disclose it, but we don't.

That's just an annual question.

That's an awful lot of money.

Yep.

Would that affect a bond rating if you were applying for uh we we do have to discuss it uh and disclose it with the rating agencies.

Uh and we do talk to them about that.

And they look at the assets that are being held on the other side.

There's been one that's had true one or two cities over time.

So not just us, it's all of them.

Well, one thing that happens uh also is that when MIAG is doing financing, they have to fall back on the cities that are the members, and uh, we're basically their strongest uh one that they've got.

Uh we're the largest and uh have a very good credit rating.

So if our bond issue dropped, it would hurt me.

Absolutely.

It would hurt the MIAG bonds.

Yeah.

Our bond rating we only get a bond rating if we're applying for a rating because that's in the uh they do uh uh some read that.

Yeah, they they do an assessment every now and then.

Uh so they'll go back and do it themselves without us even applying, and they'll give us uh you know a five, six sheet uh review of where we are, and they'll recommend you know that they think we're stable or they think that there's something that other worried about.

Uh thankfully they don't find that with us.

But I just thought the last one I saw with the 2013 or something that uh we had some.

That was parks bond.

Yeah.

Well parts one was 2009.

Yeah.

So 2013 was a redevelopment bond.

We have we have received the updates since then.

Um that uh probably last one was a few years back.

Uh I think it was about five four things about two years ago.

Yeah.

And um if I'm not mistaken, it was still at the AA plus um bond ratings.

Right.

Didn't change.

But because cities and counties used to borrow a lot more money if that response.

Yeah, yeah.

I mean, we we hadn't had a war and sewage bond in fifty years.

Used to have maybe a couple.

Um is this uh question before making a motion?

Sure.

Um would the motion to receive and file be for this particular meeting, or do we need to move that forward to the Wednesday agenda?

I can't remember from the last time.

It'd be more proper to send it to the Wednesday meeting, yeah.

Yes, but another the committee and they had the right to receive and fail for the committee, but for the full board, it would not be the full board.

That's what I that's what I thought.

I was wanting to confirm, Mr.

Mayor.

Thank you.

Um I make a motion to move forward to the Wednesday agenda, a motion to receive and file the fiscal year 2025 annual comprehensive financial report.

All those favor, please raise your right hand.

No objection.

Thank you.

Thank y'all very much.

Good report.

Sir, next we'll have Eric come down and explain this contract extension.

Uh good evening, everyone.

So this was referred from the committee meetings.

Um, just as a reminder for everyone, uh we've had an agreement with the uh tennis dynamics to operate the Laurel Park Tennis Center since 2010.

Uh during that time they've been a good partner with the city.

Uh they take good care of the facility.

We've had no issues with payments.

Um, and generally our office has not received complaints about the Laurel Park Center Center.

Uh the most recent agreement with tennis dynamics was approved by council in January 2018.

Uh that agreement included two additional four-year renewals.

Uh the first four-year extension was approved by council in January 2022.

Um, and that extension expired uh December 31st, 2025.

Uh both uh tennis dynamics and the city have a mutual interest in extending the agreement for an additional four years, and so that would run through December 31st, 2029.

Uh to achieve that we would need to uh we would need approval of the second modification of um agreements.

Uh the uh current agreement uh includes a tenant at will clause uh which has allowed tennis dynamics to continue to operate the facility even though we're past the uh the end of the deadline.

Um so in your packet or copies of the original signed agreement and also the the uh signed first modification agreements and then also the second modification agreement is in your packets.

Uh at the committee meeting, uh Councilman Goldstein requested some additional language uh to be added to the second modification agreements.

So if you look on the uh at the first page of the agreements uh under paragraph one, uh the last sentence of that paragraph was added at the request of Councilman Goldstein.

Uh just for everybody's reference, that sentence states uh this extension is exercising the second option to renew and no renewal periods remain.

So that's all we added from the uh since since uh the committee meeting.

Um so that language has been reviewed by uh City Attorney Haney, and he did not express any concerns with the language.

Um so this time with the changes, uh staff would recommend that the council approve the motion adopting the second modification agreement as stated in the memo.

Motion, Mr.

Mayor, just for the new member just law Jason doing yeah, roll park and also the six four aviation six four three.

We have a public private situation, and this is it's just so two now, isn't it?

Well we custom park is no no longer about with the why.

Exactly, yes, sir.

And then we I mean we do have a relationship uh out at the golf course, but it's a little different than this.

And then we do have the um driving range.

Correct, yes, sir.

Uh that also uh does their capital improvements in exchange for the lease that we have with them.

Any notes in the cotton role partnership with the general overall view of the whole they get the calls when there is a police instant and out there.

So yes, sir, if you want to make a motion.

Um I'd like to make a motion to move this forward to the Wednesday agenda recommending approval as presented.

Second.

Any further discussion, please raise your right hand.

No section.

That's good.

Consent is good.

Thank you.

Next item on throwing this out.

We have two things.

We have, I think, eight public hearings that to take a little time or a long time.

And we have the appointment of the prosecuting attorney and put their family.

We usually put the family afterwards.

You know, so people aren't waiting.

Because there'd be an executive session for that and it'd take 30 or 40 minutes.

And if I don't mind looking at y'all, would we would y'all mind waiting?

Just to make it fair.

So unless somebody objects we'll put the appointment of prosecuting attorney after the draft after we view the draft to the city council.

That makes sense.

No objection.

Objection.

Because they'd have to wait.

Okay.

On the death of City Council, Councilmember.

And our public safety chairman.

Got it.

Just I'm second.

So okay.

Recognize those five people.

I think the public safety order.

Yeah.

So it's just the chief will help you.

We just stand there for the picture.

Perfect.

We got two scheduled appearances.

And then we have four mid.

We have three special meetings to look at one regular meeting.

If you're looking at those four as a whole, any objection, put those on a Mr.

Mayor, there are some amendments on your death.

Or three of those men.

So it's just a December 10th one?

December 10th is the first one.

Then December 18th.

Special call.

Yeah.

So we have three sets.

There it is.

Okay.

We can put them on there as we buy.

I'm okay as revised.

Having all any objection all of them as revised being on consent.

No objection.

No objection.

Thank you.

So those four are now on consent.

It makes on the revises before.

Three, those three items are on consent.

Any objection?

No objection.

No objection.

Page four, Daniel.

Thank you, Mayor, and good evening.

Um so this concerns the request for annexation and rezoning of an unaddressed property on Powder Springs Road.

That's approximately 10.9 acres, which would be used to develop 60 detached homes.

We do have a few updates for you tonight.

Um firstly, at your meeting last week, um City Council voted to stay the arbitration between over uh Cobb County's uh objection to this annexation.

Cobb County has agreed to that stay as well, and so we're working with them alongside with DCA to execute that.

Um, but feel comfortable that has been done.

Um secondly, we have, and they should be at your desks already, revised school impact numbers for not only this development, but also the development on Bells Ferry and that one on Rose Lane as well.

Uh we received some incorrect information, and that has now been revised.

And then thirdly, this afternoon I provided an email sent to me by Parks Huff, the representative of the applicant, uh essentially conveying uh his account of the history of this development and conversations with Cobb County, and also uh demonstrating a willingness to have good faith negotiations over the density of the development, um and perhaps considering a lower density as we walk through this process.

So that was a summation parks.

Hopefully that was a reasonable account of what you said.

And parks is here as is the applicant if you had any specific questions for them.

But Mr.

Mayor, those are the updates I have for you right now.

I like the four per unit.

I mean I I don't think Cobb County would go for one thing over four.

You given their agreement their agreement.

I'd be surprised if they went through anything over four.

At this time we don't know what the four per unit looks like.

Right.

No, we don't have a site plan that represents that.

But I think the applicant in their email did demonstrate that they felt like they could do a site plan that would remove the variances.

Would that be the plan which you sent out by email?

Yeah.

Yeah, that is the plan.

It's not the as engineered detail as that, but it is a 43 unit plan that was sent out with that email.

The zoning is in Cobb County right next to the just a few yards away.

Did you want to go lower?

I was just saying that's why No, I was just saying that I got a feeling Cobb County that's the low, that's the highest they'll go based off that agreement from the R 489 agreement.

I was just that's all I was saying at this time.

So for the meeting, you your official submission will be four per acre.

If you want that to be, again, we're kind of kind of between the negotiation between the county and the city, and so that is our bottom number, and normally you negotiate back and forth, and so we're giving you that bottom number for the city, but you emailed it, I accepted it.

Okay.

And it and it's our position that that should, I mean, that the county should not be able to object to four units per acre, despite the dialogue with the county that has I mean, we offered for them to withdraw the arbitration if we went to the four units per acre, and they have not agreed to that.

I'm good with it.

Good evening.

Uh you know, per the intergovernmental agreement, there is an a non-objectionable area qualified in that agreement.

This property is within that non-objectionable area within that classification, four units per acre is the density that is unobjectionable by the county, or should be at least.

So our position and staff's position has been that at that level, this should be an uncontestable annexation and zoning.

And so, as Parks said, we've we've been trying for a while now to negotiate in good faith with the county to try to arrive at a at a conclusion that you know was reasonable to everyone.

Uh we submitted the letter that you have in your packet.

You know, we've had a bunch of back and forth, or I should say we've had a bunch of back, there's been no fourth from the county.

Uh and so we have uh worked very hard to try to get to a reasonable compromise, and so far there's just been crickets.

So what you have before you is is what we have uh arrived at and what we believe makes the most sense vis-a-vis how the the uh IGA is constructed.

But um I think our challenge has been that we haven't really been sure how to sort of move through the process um vis-a-vis the arbitration versus the hearing with the city versus how our application was submitted, et cetera.

So uh forgive us if we you know didn't didn't do that as clearly as possible, but uh that's where we've been.

So just as I mean, it's it in the public hearing, but given the situation, you're on the other side, you're on the east side of the road.

You gotta argue with being national national park, I don't think the county would go low.

I have a question.

And I guess this may be cheap and all, because in the uh staff analysis they talk about the um you know the technically permitting annexation to the subject property and to the city would effectively create an island.

Can you somebody explain how this it says if the properties were removed, it would be continuous that we can annex.

I I'd be glad to explain that.

Yeah, it's go back up.

Um there it is.

There it is there.

So the the terminology is first a little flawed.

Right.

Because what is statutorily an issue is unincorporated islands.

So that's what you normally face is if you surround an incorporated area with count with city property, that is statutorily a violation.

So that's how the island language comes into play.

Really, what the only issue you talk you should be talking about is contiguity.

Are you contiguous to the city?

It's not an island question, it's a contiguity question.

So the terminology is slightly off, but the contiguity, what the statute says is if you are would be contiguous to the city boundary, but for roads or other properties of a subdivision of the state of Georgia, Cobb County, then you are contiguous.

And this we are contiguous to a public library owned by Cobb County, contiguous to a county-owned property at the intersection of county services and Powder Springs Road.

And so but for those county properties, we touch the municipal boundary.

So that is and the county, even in their objection, which you were emailed out today, the county's own letter objecting to the four units objecting says it complies with state law for connectivity and to the city.

Does that create a problem for police and fire?

I I can speak for police if it does not.

It would be one thing if it was four miles away from the city limits.

I mean it's right there.

So as far as our response time and familiarity with it, it would take us no time at all to calls.

But knowing who the call is.

Yeah, 911 is the one who doubles it out.

Who doubles it out?

Yeah, I'll point out there are probably ten other properties on the other side of the battlefield park that are similarly situated, that are islands of municipal property.

Very similar to this.

Fire has zones.

So like if you look at Franklin Gateway, where Fire Station 5 is, right behind that on Wiley Road is a small uh mobile home park, which is actually technically Cobb County, but we would respond.

We wouldn't say, hey, that's Cobb County, we're not going, because they have zones.

Am I correct?

Not correct, Chief.

Zones of mutual aid, I think.

Yeah.

Yes, ma'am, you're exactly right.

So with our Auto Aid Agreement, we have dropped the jurisdictional boundaries between city and county, so it's closest unit.

Uh so much like PD, whatever the closest unit to that, whether it be a Cobb or Merrill Dent, we'll go uh respond to those calls.

So for example, behind the fire station, it is a county, but we're the first to respond to that area.

And just for language purposes, auto aid versus mutual aid.

Correct.

So the automatic aid agreement that we have with the county, again, is we drop all those jurisdictional boundaries.

So for example, engine 56 up on um Sawyer Road, they respond a good bit up into the county.

Um out at 53, we go out to the county, but there's also the fringes where the county will come into the city and cover our areas that they're closer to.

An auto-aid agreement we might have, for example, with Smyrna Fire, in that if they call, we have an agreement in place prior to if they call and say we have a big fire, we need help, we don't have that conversation, we just go help them.

So auto aid is obviously automatic, and then the mutual aid is we have the agreements beforehand, should they need our support, and then we worry about figuring out afterwards.

Okay.

So Daniel seems like the council is or some members of council have expressed some interest in this at four units per acre.

So um given the email today, so what's the next steps for us?

And so I think the next step would be that the applicant would send us an official stipulation letter uh committing to the four acres if they chose to do that, and they would provide that ahead of the meeting on Wednesday evening, and then you would consider it just as you would have at that time.

I do have to say, I mean, we have an arbitration, you can't vote on Wednesday.

Right, no, no, that's correct.

I think I just wanted to make sure I wanted to make sure because it's different for Brabney because there's a pending.

I'll make a final decision before we see.

But uh what I would say is is what uh and I'm gonna agree with my the other Daniel to Daniel's question.

Um there's way too many.

There's gonna be a stipulation would be good, but actually saying that we're revising the application because I put you in the strongest position to say we revised the application.

Now the application says four acres, so that if that's the argument we want to make that it's not objectionable.

That's just a possible stipulation that the council might consider you.

I I think the strongest position for you would be to revise it.

And let me just I disagree and the fair gives the roof.

Okay, okay.

I think we I think we ought to have a definitive vote.

I mean, you know, not be it's say a subject to as an offer to the the committee.

I mean you're not going to tell me how I'm going to vote.

I might not vote for it afterwards if we don't do it.

I mean I mean I think we have to vote to make an offer.

Uh would you the statute prohibits final decision on a uh rezoning application?

It's contingent.

We're bound if this is agreed upon.

Can I uh can I ask a question regarding that, Mr.

Mayor?

Just I know zone laws different.

Like if if they come down to the 4.0 and then you're saying it's not objectionable, then you're thinking that's uh or you just saying in general, like you you what no matter whether they came down or not, you would want to go ahead and take a vote on it.

Yeah.

Maybe not a vote on as a zoner, but but as a binding offer.

Something that's kind of trying, Mr.

Mayor.

Something that's kind of contingent upon like a vote that says it's contingent upon the arbitration agreeing to the conditions we laid out, and if not, it has to come back before council.

Yeah, that's fine.

They could come back and say no, we went 3.7.

Uh yeah, I know the arbitration says that, yeah.

The arbitrator could come back to the state.

There's a way to settle it for sure.

Yeah.

That's absolutely fine.

But we are but if they don't agree, then we then be of no effect.

I th I am just saying we frame this as an offer.

But to me that's more muscle say that this is it.

Sure.

I mean, this is it until they say no.

No, I agree.

But I think part I think Mr.

Huff and what I was saying is just like a it can't be the final, but if it's a you can definitely make a you want to taking a vote to take a position to say this is the city's position, absolutely, that's fine.

I I I would agree with that.

When you have two people arguing, and if we say we've done due diligence, this is good for the area, we considered all the complaints.

And we firmly believe this is a solid offer.

They'd have to have bad faith not to accept it at four.

Yeah.

Well, I I I think it what you are saying is you would make an offer to the county, it withdraw the annexation arbitration challenge if we reduce it from 60 to 43 lots.

Yes.

However, that makes the zone law happy, but I'd I'd like a vote to say we're we're committed to that offer.

So at which point the county could could reject that and then reject it.

But we're currently within a within a pause of the arbitration panel.

So the county could say no, we want to go back to arbitration.

That's an option.

And arbitration could could assign density requirements, like you said, that we don't agree to.

So I see what you're saying, Mayor, on that one.

This is our offer.

And do we have any language that says like what happens if the arbitration panel comes in with the density that we're not comfortable with?

Do we have any kind of legal mechanism to state the money?

You don't have to vote.

I mean, you you up until the end when you vote to annex and zone, you have 100 percent control.

You don't have to say, yeah.

So if the arbitration panel does something that that you don't like, you don't have to annex and zone.

Something we don't like, we don't, we could withdraw it too.

Okay.

So up until the end, you have total control.

Yeah.

They can't make you annex it.

They can make their findings, and if you do, if you do if the city decides to annex and and rezon, you you have to incorporate those.

Uh gotcha.

Before then, both the applicant and the city can decide.

We're not going to take those recommendations.

This is this is this would just at the end of at the end of Wednesday's thing, however, we feel if we make a thing that can be our position for going in going into it and if it's accepted, then we can we can move forward with the rest of the process.

If it's not accepted, we go through the arbitration and see what comes back and then consider what comes back, basically.

That that about some of it.

And if they object, then that's just contract law.

If they give a counter, then we have to react.

I just say we ought to be a firm that we think four is a good faith.

I won't credit who mentioned this to me, but the the county has a requirement under DCA to negotiate in good faith on these type of things, and they can lose their qualified funding if they're not participating, if they're not negotiating in good faith under the 489 uh and the other agreements that we already have.

So uh that's a possible you know if we come down to something that's in the agreement and they exercise bad faith by not by uh abiding by that agreement, there's a decent argument that you could we can let DCA know maybe you want to look at their whether they're cooperating under the 489 agreement or not.

So we had a proper motion, we'd be after a hearing.

Frame it as an offer that we're we're willing to commit that we're and if they agree, it's a bind and deal if they don't.

I mean they can't make it 3.7 after we've weighed all the facts.

It just means they don't want to let the property go.

Okay.

So if you can work on the proper motion or I will anything else for tonight?

Yes, sir.

But it's wrong about the other two though.

We just would table it until we heard back the next two items.

The annexation code amendments?

Yeah, yeah.

That would be proper.

Yes.

The next two items is when you change the land use map and then you fit when you when everybody's in agreement, then we'll vote to annex it.

Rose lane.

Excuse me.

Thank you again, Mayor.

This is a request by Trayton LLC uh for the rezoning of 3.28 acres from R2 to R4 with an increased density of what will ultimately be 5.8 units per acre for the development of 19 single family homes.

Mr.

Moore is the representative for Trayton on this project.

He provided an updated stipulation letter as of today, um which up uh which incorporates language um representing Trayton's willingness to work with our public works department to implement a uh crosswalk that would uh cross over Rose Lane into the M2R trail, uh provided that it was something that the city wanted that met design standards and uh and and proceeded in that direction.

Uh so there was another stipulation letter that was provided on the fifth, and so that all that language continues to be incorporated.

A lot of it pertains to our over infill overlay ordinance and requirements and agreeableness uh when it comes to the architectural features related to that as well.

And so if anyone has any questions, uh that's the only new information we have related this evening.

I have a question, Mr.

Mayor.

In relation to the staff analysis, it was recommended that what's the name of the street?

Uh was it Jordan to be uh was not sufficiently wide wide enough?

Um but we're not asking we're not asking them to do that, or we're not doing that.

So in the stipulation letter, um they have exhibited uh uh an agreeableness in order to establish a minimum of 25 feet of right-of-way and to install a minimum of 22 uh foot pavement width as well.

And speaking with Mr.

Rice, and he's welcome to come down and confirm this.

He finds that to be acceptable.

Yeah.

But the require I I guess the standard requirement is 24 with 50 feet.

Because this is a improvement to the current street width that is there now.

Uh 22 feet will give us two lanes of traffic uh to be able to pass through there.

So we're we're comfortable with that and widening the existing street 25-foot right of way, so that that gives us what we need as a minimum.

So we're fine with that.

Big significant improvement to what's already there.

Allow for the development to take place.

So we're fine with that at this point.

So fire is fine with that too.

Um Mr.

Mayor, quick question regarding fire though.

Um with the way those lanes are, though, those are basically marked fire lanes, so you can't do parking on that street, correct?

There would be no parking on both sides.

Okay.

So that was the only question I had.

And um more question to Mr.

Rice.

For the uh along Rose Lane.

We're going to um I think in front of Jordan Street, there should be there'll probably be a sidewalk connection and allow them to do that crosswalk.

Um in the future any plans to do the rest of the connection up Rose Lane to the north up the tower, or is that just kind of something something for the future?

There's not any current plans uh for us to look at that.

Um we kind of have it on a long range plans, but we don't have anything in the current hopper for that.

Um we will have to have some additional.

I've spoken to Mr.

Moore about this.

Um the corner properties will have to have some sidewalk work done in order to make that connection across the street.

Umce we get all the details worked out.

I I need some volume data and some other engineering data before I can make that determination how how we can make all that work.

So um that would be a mid-block crossing along Rose Lane.

We'll have to come back before this this body for approval anyways, and for that final design.

So that's the reason the stipulation is in there like it is.

So it'll it'll come back before this body once we're we've had time to analyze it and get it properly designed.

Got it.

And there's sidewalks to the south on Roseland, correct?

I think there are connecting sidewalks or close by.

Yes.

Thank you.

C to three Trammel Street.

Thank you, Mayor.

So this will be a request Wednesday for the uh rezoning of of 63 Trammel Street from to R4 to R4 with an increased density of 6.9 units per acre for the purposes of subdividing into two lots.

Um prior council dealt with two very similar uh cases along the the same stretch of road, and this one is being handled in much the same way.

Um and it is accompanied by three variance requests for each of the two new properties uh that will be created.

Um dealing with minimum lot width, reducing from 75 feet to 50 feet, one reducing the uh minimum lot size on the trammel street from 7500 to 6300 square feet, and then another one reducing the side setbacks from 10 feet to five feet.

Um I remember on the previous one of the previous ones, the side setbacks.

We uh we didn't approve on the most recent one.

Um was there a reason given is the is for the requests or any thing that we're looking at, or is this just prospective?

Uh there was no reason given, and they have been advised that it was not successful the last time it was requested.

Okay.

And the one on back end of each other.

That would be bad.

I'd have to look into that, but I can do that.

Yeah, and then I like Mark's opinion when it is.

Because otherwise we approved the curve cut was on right street, I believe.

Well, one was on right and then one was on rental.

This is our third one of these, right?

Yes.

Correct.

Okay.

I forgot.

Yeah, the the first one was the one on right street.

The next one was the one correct.

Yeah.

Yeah, we're doing these one at a time.

Yeah, it doesn't hurt to ask though on that question, so you don't have that backing out conflict.

We'll look and report back.

Any other questions for tonight?

For Daniel and the group going back on the uh as far as the annex.

Can we turn those two into a table?

Yes, Mr.

Mayor.

Any objection to changing 0817 and 0818 into motion to table.

No objection.

May ask one question.

Just to make sure.

Uh parks, you're okay with those two items going in motion to table, do the current circumstances?

Yes.

Yeah, there's no choice.

And by doing it, we don't have to have a public exactly.

We had the public hearing later.

Thank you.

No, the county agrees.

Any objection to that being on consent?

No objection.

Thank you.

Yeah, I can consent to table.

There won't be a hell of a hearing on it.

40 car parkway south.

Thank you, Mayor.

Um this one is coming before you to request a rezoned from CRC to either LI or CRC with an additional use of auto storage.

Uh this piece of property has stored operable vehicles for not an adjacent property, but a nearby property that accesses this one via an easement for quite some time and there's new ownership and they're trying to come in and uh clean up the property requirements and and do things the the correct way.

Um along with that, there are four variances that would be required as an alternative.

Um there uh could also be an approval of the CRC with an additional auto use.

Uh but uh to uh grandfather or keep things grandfathered nonconforming uh to where some of the site conditions would not go with the property in perpetuity.

Um asking.

Um I see the recommendation from the planning commission was for the uh to reass what they're calling reinstated legally nonconforming.

Um it has its last sentence in here, an occupation license from the city will be required.

Is that just supposed to be a note rather than a requirement on that?

Because it's already within code.

It is already a requirement, whether included in this motion or not, yes, sir.

Got it.

Just want to make sure we're not mixing the two mixing the two occupation license with zoning and stuff.

And I know we use it to help figure out if a thing has been established or if it is not established has been lost.

But just worried about mixing completely in the zoning motion.

Understood.

And I will also note I think that brings up a good point that um that um requirement from the or recommended requirement from the planning commission also specifies passenger vehicles, which is what it's being used for.

We dealt with a similar case last month in which there was a desire to keep large trucks and other types of vehicles, so keeping it very specific to the passenger vehicles as well.

Okay.

Thank you.

Any other questions for tonight 1611.

Um, comment, Mr.

Mayor.

Uh, just wanted to thank staff for providing that graphic about the auto uses as of December of 2025.

Just sort of say that's really helpful and instructive.

So thank you for doing that.

I don't know if it's instructive, but it's pain.

Uh thank you, Mayor.

This is a request for rezoning and partial annexation or an annexation of one of the four pieces of property um on which this project seeks to take place.

Uh but the properties total two point three three five acres, um, and they are zoned to either R2, which is our designation, or R20, which is a Cobb County designation.

Cobb County has not objected to this request, so it comes before you without um that fuzziness uh attached to it.

And then there are two variances um that are being requested in order for them to build a 20 unit uh or 20 uh 20 townhome development.

Uh the two variances that they would be requested is for the minimum track size from three acres to two point three three five, and a variance to reduce the minimum recreation area from seventeen hundred down to a little over ten thousand or ten thousand six hundred.

But no new information since the planning commission meeting on this item.

Um we objected to just the same thing, though.

This is on the other side of the road.

Just uh Mr.

Mayor, may I ask another question?

Yes, sir.

The uh I can see the future land use for the properties or for the most part CAC with the one industrial warehouse for ours, but for the one in the county, what's that future land use?

Because again, I know what's uh it's uh there was a lot of industrial land uses around that area for future land use.

It's LDR, I believe.

I believe it's light density residential.

Uh is that the proposed one, or is that the one in the uh CAC?

Yep, thanks for the correction.

So that's their that's their their ver their version of RCAC then.

Or should match up pretty well.

Correct.

Okay.

Thank you.

It's right on the borderline of my ward and Andre.

I tried to give it to Andre.

It's all yours, my friend.

It's off the different things.

Yeah, it's close.

It's not in my ward now because it's county property is not annexed to the city uh at this point.

Almost under the bridge.

Maybe I was reading that wrong.

Okay.

That's what I'm reading.

8.57?

So 157 is the density, is what I read?

That's correct.

What is it?

8.57.

Yeah, there it is.

Well, if you look at some of these that they put for comparison.

There's 11.0, 7, 11.8, 9.7, the 10, the town homes.

Where are the other ones located?

The Sessions Walk, Cambridge Walk, Registry Townhomes, Grammar C Park, and I can guess we're council battle town.

Grammacy Park is the one that's on the south side of the South Loop.

On what's called Fraser Street.

So it's like Frazier goes down, it breaks off on the loop, comes back on the other side.

So that's Gramacy Park.

The one of the one you accessed off Atlanta Street there, the 521 Atlanta?

Yeah.

Yeah.

And Kennesaw Battle Town Homes is the new one.

We haven't started on yet, but uh 10.

Sessions walk, I'm pretty sure it's off of Session Street, if I had to guess.

Yeah, it's the one that's right next to the loss.

Cambridge Walk is off of Scuffle Gret as you get towards the public.

Okay.

Okay.

And then the registry town homes.

Is registry the one on tram?

T no offhand.

One more question.

I was asked to if you knew offhand.

I feel like that might be the one off the tram.

Oh.

Cherokee in the loop.

Got it.

Play station.

Oh, okay.

Hmm.

Okay.

Okay.

Thank you.

And then anything else for tonight.

Next two items deal with annexation, so come into play.

Consider adding a couple of denial claims.

Um you're and me to start the motions on this one.

Um motion to suspend the rules and an item.

I'll second the motion.

This is the I know we're adding this item to the agenda work session agenda, so we can then pass it forward to the Wednesday agenda.

Yes.

I'm ready.

Mr.

Cree.

We're on the first suspend the rules and add an item right now.

Got to do them one at a time.

Yes.

Yep.

Yeah.

So we've already have made the motion.

Motioned.

And second to suspend the vote.

So this one's for Creek.

Yes.

All those in favor, please drag your right hand.

The motion is added.

Motion to move forward to the Wednesday agenda, a denial of claim for Creek Carrier Corporation.

Second.

Second one.

Second one.

I'll make a motion to suspend the rules and add an item to the agenda relating to a denial of claim.

Your second?

Second.

Second.

All those in favor, please raise your right hand.

And now the motion for Mr.

OMGBA.

Make a motion to move forward to the Wednesday agenda and denial of claim related of uh Eric T.

Umbeck.

Um uh OMGBA.

Second.

All those in favor, please raise your right hand.

For those last two, I'll I to have both of them on consent.

No objection to consent.

No objection.

And ready for a final one, Mr.

Mayor?

Yes, please.

Make a motion to spend the rules and add an item to the agenda relating to a denial of claim.

Second.

All those in favor, please raise your right hand.

Motion carries.

Make a motion to move forward to the Winston Wednesday agenda for denial of claim of Amadeo Manuel Reyes Barrios.

Second.

All those in favor, please raise your right hand.

Motion carries all right for consent.

No objection to consult.

No objection.

Even though I can't pronounce one of them.

The last item on page 10 is on consent.

I'd like to leave that department fund.

On consent.

No objection.

Mr.

Mayor, did we add the first null of claim to can to the consent?

I might have missed it.

Huh?

The first one, yes.

The first one, the Morgan Wells, we've added it to consent.

Oh, no.

The one that was already on the agenda.

Yeah, it's on the agenda, but wasn't on consent.

So any objection to Wells being on consent.

No objection to the other.

The next all three on eleven are on consent.

Any objection?

Any more information needed?

Um objection, but do need to supplement the disclosure.

Um with the following language.

The language on there keeps it keeps as is, saying that uh my family are entities owned by a family owned the East Mary shopping center funding Rossell Road.

Further, I disclose that I own property at 31 Powers Ferry Manor that's within two thousand feet of Frostville Road, and that members of my family are andor entities owned by members of my family own properties there within two thousand feet of Roswell Road.

Just to finish off the disclosure.

It's affects a general area, so I can't vote on it on this.

So I don't I'm not going to ask to take it off consent.

Well that language is up to you.

Daniel and Heidi Ellis Board 5A South Avenue.

Thank you, Mayor.

Uh the uh applicant's representative Mr.

Kevin Moore notified staff today that uh they would be withdrawing this application um without prejudice.

Mr.

Moore is here if you have any questions for him.

Um quick question, Mr.

Mayor.

Or I guess Mr.

Mayor, staff with this coming in as it did.

Do we need to have a mo motion to remove uh make a note that it's remaining removed or is it just removed from the agenda automatically?

I believe it's automatic, but I looked at Mr.

White and when was the request received?

I think it's it was 48 hours.

It was more than 48 hours.

So yes.

It's off.

Automatic removal.

Okay.

Yeah, take it off.

It was a lot of okay.

Taken off the agenda.

We put the BLW action on consent.

Motion to go in executive session.

Um for what uh what are the purposes we want to need it for?

Two, we need one for personnel, and then we need legal.

Yes.

Um make a motion to go to the executive session for personnel matters and for um legal advice regard regarding the litigation other stuff is allowed under OCGA 5014, two, and three.

Second.

And before we vote, it's gonna be all right to ask three people to come at three different times.

Yes, sir.

Wait, 10 minutes or yeah, I think we could do it in 10, probably might need a little more.

Yep.

Three ten minute periods.

Just so you know, Mr.

Mayor and and council.

Uh the for the litigation matter.

I have two one's a very brief update that but there's a longer discussion that needs to happen, and there's two attorneys here from Freeman Methodis and Gary to make that presentation.

So they'll they'll only be in here for that one particular discussion of that one particular item for pending litigation.

And I'm fine with having yes come to.

Yeah.

Yeah, I want to have it in here in the smaller room.

Smaller, small smaller.

Small room.

Small room.

Is there a motion to go in the executive session for those two reasons?

Yep.

I think it's already been made.

I've already made it.

I think someone's second.

Okay.

All those in favor, please raise your right hand.

And then if we do the personnel one.

I see Ben's jacket.

I don't see Ben.

He's back there.

There he is.

Why don't you just do the one with the other two lawyers?

Get so they can get out of here.

Stop their meter.

Go back in.

Oh, wait.

I just want to say that Girl Scout cookies are for sale.

Anybody wants to meet my challenge.

I bought six boxes, seven boxes of cookies.

We all have a fire station.

So there's seven wards.

Yeah.

Six, huh?

Yeah, I'm not about that.

It was just forty-two dollars.

I'm JL chair, yes, sir.

I'm waiting for Mr.

Gatus.

That's the only reason why I haven't uh made a motion yet.

Yes, sir.

When are we breaking the the seal?

I'll make the appropriate motions as needed.

Yeah, when are we breaking the seal?

Unless Cheryl wants to take one.

Say what?

Unless Cheryl wants to take one, I can take I can take motions as needed.

Mr.

JL.

JL makes sense.

Yeah.

Okay.

Or I guess personal movement.

I feel JL.

Just to put Joseph on the spot.

Are we sure Daniel didn't just go home?

Yeah, he's right there.

I can hear him.

Motion to come out of executive session.

Second.

All those in favor, please raise your right hand.

We're out of executive session.

The chair recognizes Mr.

Ghosting for two motions.

On item 2026 appointment of prosecuting attorney, I make a motion to uh make a motion to move forward to the Wednesday agenda.

Uh a recommendation, a recommendation for appointment appointing Ben Smith as the prosecutor.

Second.

Did you just suspend the rules?

This is on the agenda.

Prosecuting agenda.

Prosecuting attorney is on the agenda.

Good deal.

All those in favor, please raise your right hand.

All opposed like sign.

Motion carries 6-1.

Uh make a motion to suspend the rules and add an item to the agenda relating to appoint uh appointment of a deputy.

Second.

How do we get the name right?

You said what are we calling it?

I'm just saying I'm just a deputy assistant prosecutor.

I think that's usually what or deputy is it deputy assistant or deputy prosecutor.

Which would you prefer?

Well, I think it'd be since we have an assistant prosecutor and deputy assistant would be lower that assistant.

I don't think assistant prosecutor.

Okay.

You see what I'm saying?

I think it's deputy prosecutor.

Maybe deputy pressure.

Deputy prosecutor is the same.

With the title deputy prosecutor.

Okay.

Okay.

What was your first motion there?

This is a motion to suspend the rules.

The first motion was on the agenda 2026-0052 appointment of prosecuting attorney.

And that was moving that forward to Wednesday with Ben being the appointee.

Now he's suspending the rules of the case.

The charter says you can uh appoint the um the prosecutor and such assistants as are as you deem necessary.

So you uh you might want to clarify that this role is an assistant prosecutor, but it just has the title of the I don't know.

I'll clarify that in the mo in the motion so if I now is just adding the item to the agenda.

You could just say chief assistant.

Yeah, yeah.

Chief assistant, okay.

And it stays within the code.

Chief assistant.

Chief Assistant Prosecutor, there you go.

So that's a that's the title for the motion to be added to the agenda, which requires unanimous consent to add to the agenda.

And Stephanie, I again second.

Okay.

All those in favor, please raise your right hand.

Okay.

Motion carry seven months.

I make a motion to move forward to the Wednesday agenda.

A recommendation that's Courtney Brewbaker be the first one.

No, no.

No names.

No, no name, no names.

Just move forward the agenda, move forward to the next thing.

We we told him we weren't gonna be able to do that.

If anybody is still watching this, don't put that in the paper.

I move forward.

I make a motion to move forward this motion without recommendation to the Wednesday night agenda.

Second.

We'll name me back up.

It might be better.

It won't be on consent, though.

Understood.

Right.

That's fine.

That way we didn't vote on it.

At this point, I made a motion.

I've made a motion that's been properly seconded.

It would take an amendment to do that.

I make an amendment to the motion to add the name of Courtney Brewbaker as the person to be the Chief Assist.

Second.

Okay.

Do we have Ben on there?

Yeah, Ben to the bigger.

Ben is already done.

That's already on the Wednesday agenda at this point.

Ben's already on the Ben's already on this uh as the chief is the prosecuting attorney.

So that's already on the Wednesday agenda right now.

I thought it just said he was incumbent.

No, there's on the agenda.

The motion that was just made included it.

I don't know where my agenda went.

Okay.

Okay.

So I'm not sure.

I misunderstood.

I misunderstood.

I thought we were I thought we were putting the names on in with the thing rather than just moving the things forward.

I thought today's draft agenda, though.

No, it decided discussion regarding the appointment.

Yeah.

Yeah.

Well went on the organizational meeting.

He was just in parentheses as the incumbent.

Okay.

Okay.

But what's before us now is Courtney as the chief assistant.

The chief assistant.

Yeah.

That's the that's the that's the amendment to the main motion.

Yes.

All in favor, please raise your right in.

All opposed light sign.

Motion carries 6-1.

5-2.

Oh.

Excuse me.

5 2.

Um there again.

That's not on consent.

Right.

Yeah.

Yeah.

The vote will actually be.

And now we have to do one for Ben.

Yeah, we did Ben.

We've already done the board.

We're done.

Now we go home.

Watch football.

Watch dealers beat though.

Is there any need for an I know there's mentioning drafting an ordinance, but is there any thing that we need to add it about that, or we're just going to wait and see what we come up with tomorrow?

Do we need to amend the ordinance relating to that chief chief assistant?

I think you could appoint somebody.

The question is if you appoint them and there's not a salary structure in place, you just right now you're just doing it whatever the current rate is.

Because the or compensation has to be set by ordinance.

We're going to need to probably work on that tomorrow.

See what we can come forward with.

Yeah.

Whatever's fair for the amount of time.

But but it'll be still considered a part-time job as far as benefits are concerned.

Yes.

Good job.

Thanks for working through all this.

We're the stillers.

Meeting adjourned.