Marietta City Council Committee Meetings Summary – April 28, 2026
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Yeah, I know what catch up someday, but increases.
That could be detrimental.
Really good.
Uh that's a very good point.
I mean, we know they supposedly go through every three years and look at uh the valuations on the commercial property, but um yeah, there are some that seem like they're substantially lower.
Um we had some near the downtown that we had at one point where we actually sat in a meeting with them and showed them our permit uh documents to show what they said they were gonna spend on it, and uh the value was no way of where I think we got that one corrected, but uh there are a lot of others out there the next item on the agenda is the uh parking reparation facilities of budget amendments.
Okay.
It's receive and file.
Okay.
Usually receive and file.
And I'm I know Jason's saying that he can't hear real well when people are talking, so I guess as much as we can try to use so you're second it's it's been um the amendment.
I mean the motion has been made and it's been second.
Any questions?
All those in favor?
Aye.
Aye.
Okay.
Motion carries 3-0.
Anything else to come before the finance committee?
Yes, sir.
Budget amendment.
Yep.
462.
Um the first page.
Okay, this is what I thought we were voting.
No, we just received the file.
Okay.
Tina's report.
Okay.
So the next item is the budget amendment for parks recreation facilities.
Yes, sir.
So this is to allow the parks and recreation department.
Um, there's actually three different um areas that we've um compiled for this uh memo.
The special event sponsorship, so that is um revenue um that they have received over the last quarter that people have donated towards um particular events for parks and recreation, and they would like to be able to receive that um money because it will increase their budget for the year, and that is in the amount of two thousand seven hundred and fifty dollars, and then the next one is the summer camp funding.
So originally um this was part of a um the uh Georgia Recreation and Park Association um funding that they received in the amount of ten thousand, and so they're going to receive the first installment of that, and that is for two thousand four hundred and one dollars and thirty-three cents.
And then the last one is for Elizabeth Porter Park, and um that this came from um the friends of Elizabeth Porter um park fund through the community uh cop community foundation, and this is reimbursement for expenditures.
They had a um cap on the wall of the Elizabeth Porter Park installed, and the total amount of um the grant is 50,000.
The cost of the cap that they're asking to be reimbursed for is 10,877 and 47 cents, and so those three items um they are asking um uh the committee and council to approve to um allow us to increase their uh revenue and allow them to have access to um for the expenditures do we need to take those separately?
Um no sir, you could do it's it's actually put in there as one budget amendment.
Okay.
So do I hear a motion to amend the fiscal year 2026 general fund budget to receive the sponsored donations and grant fund reimbursement for parks and recreation?
Second, okay.
Motion's made and second.
Any questions or comments?
Uh no hearing all those in favor, aye and raise your aye.
Pass is 3 0.
No objection to consent.
No objections to consent.
I have a statement to make.
It doesn't affect my ability to vote, but I sit on the board of Cobb Community Foundation.
So do you disclose just disclose that still vote?
Yes, I can still vote.
Okay.
No objection to consent.
All right.
Is there anything else to come before the finance committee?
No, sir.
At this time we will adjourn.
Thank you.
Meeting, please.
The first item of the general fund estimated millage.
Yes, sir.
Um this is um let me um first start off by saying this is not the adoption of the millage rate.
So this is a pre-certification that um the tax assessor's office um starting last year due to some legislative changes and how we go about um our property tax billing and assessment uh process was implemented.
So they are asking each municipality um that has an M and O associated with their millage rate to pre-certify or just provide um authorization saying that um the tax assessor's office will include this in the um tax uh assessment billing.
I'm sorry, it's tax assessment notice is not a bill.
Tax assessment notice, and what it does is just says that um the governing body approves that the rate that they are providing is okay to be included.
It doesn't guarantee that we're going to use that rate.
Um it says that we have the that it is our intent, and this is what we think we will use, and by the time we get our um full billing for from the county, then we will have um the approved millage rate in place before we actually bill, but to give them an idea of what we think will we will have at the millage rate in order to provide to all of the citizens, they're asking each one to pre-certify.
So this will um be effective for our city millage rate, and um and we'll talk about the school board, which is also included on the agenda for their millage rate as well.
Ms.
Mr.
Mayor.
Um for the general fund millage rate on this one.
What what do we have our estimation at this time?
It would stay the same.
All these would stay the same actually as we currently have.
And what would those rates be for so that we have that just stayed allowed and for a motion later on?
Yes.
So the estimated millage rate for the city will continue at the um current rate of 2.788 mills.
And um to look at the school board um going forward.
Um theirs will remain the same as well.
Their board did um provide uh I'm sorry, their um finance department did provide documentation that um theirs will remain the same.
And it's not actually included on here.
I believe it's 17.88.
I'll have to double check that.
Um we'll need to get that before that motion.
And Mr.
Mayor may also ask one more clarifying question.
Uh yes, please.
Um the 2.788s, that's not the full millage with the cemetery and bond or other things.
That's just our general fund millage rate, which is not changing and hasn't changed in 20 something, 20 plus years at this point.
2001.
Yeah.
So this would be the 25th year.
Okay.
Just so that's just estimate for the general fund, it's not the estimate of the overall millage rate.
State law only requires it for the general fund.
And then uh we have lowered the bond fund many times actually in the last six years.
So the millage rate for the school board is 17.97 mills.
97.
Thank you.
So, yeah, the total amount that the city charges is less than it was five, six years ago because we have lowered the bond amount on what we're charging, folks.
So taxes have gone down for I think four years uh in a not in a row, but four years out of that six.
And so the reason why those millage rates are not on there because they do not include M and O as part of it.
So we did not have to pre-certify those.
Yeah, um the reason I'm asking is to make sure we're absolutely getting it very clear to the public, that's what this rate is.
It's not it's not including the entire millage rate that we expect later on in the year.
This is for our mate uh maintenance and operations operations uh millage rate, which for us is the general fund for the sit for the city school system, it's their M and O.
So it's just wanna make sure that was clear and out there that that's what we're approving to uh today instead of the full thing, and this is just an estimation, what the final one once we get the budget passed, see what's look see what's happening, and then get into probably about July or so, June or July.
Yeah, and then as we always say uh during these hearings uh or during these meetings, um we've had that freeze in place uh for a very, very long time, is really as basically as long as we've uh not raised taxes, um, so 2002, uh, and that is frozen uh homestead values uh ever since then.
So and for folks that might not understand what that means, when you buy your house, uh as far as the city is concerned, your values frozen.
So uh you can own it for 10 years and it can go up $50,000.
It doesn't matter as far as what we get and what we tax on is based on when you bought it.
So if someone did buy a house back in 2002 and they haven't sold it, it could be valued at 250,000 and now be valued at 500,000.
We don't tax based on the five, we tax based on the original, the 250,000.
And so uh that it's a a real we're one of the few places that's had it in place that long.
The state legislature has just recently uh changed state law to try to make it where uh everybody would be doing the same thing.
Um and so we're still waiting for that to be signed by the governor and uh then see how that impacts us.
Um in some of the meetings we had uh last week.
We um were told that it may not impact us that because ours is better than the one that the state passed, because the state actually allows it to increase every year, well ours freezes it totally, um, that we may be able to maintain ours and not have to adapt to the state uh one that would um actually see an increase on homestead properties.
Uh but we're gonna we've got to get more clarification on that exactly what that means on what we have to do as far as the process we have to follow each year uh to maintain ours.
So we'll be getting more information to council.
I've got a meeting Thursday um where I should learn more about that also.
So we have to opt out every year?
That's what we're trying to figure out.
Um we hope that is not a good idea.
We did opt out for this year.
Yes, sir.
So we're we're gonna cheaper.
Yeah, we're hoping that we don't have to do that, but um we'll see uh how they they view that.
What the preliminary discussion was uh last week that uh we would be able to maintain what we've got and we might not have to go through those processes because ours is better, but nobody knows for sure.
And until the governor signs it, we were we really don't know how they're gonna implement it at state level.
And Bill, uh outside of negative inflation, ours is going to be better every single time, more advantageous for the taxpayer.
The taxpayer will take less good winter under our frozen rather than the floating outside of a negative inflation situation.
Right.
Our taxpayers should benefit more than the rest of the folks in the state that are using the state one.
Good point.
You said we the the school board doesn't have the floating rate, did it?
They do not.
I mean that's my yes, sir.
And that that's a good very good point.
Just so somebody doesn't get confused.
And that happens every year.
So I'm glad you brought that up because the county doesn't either they they reassess every uh two years or something.
Yeah, that's right.
We get blamed for tax increases.
Because the bill goes up and they take us right.
Right, because since we bill for the school system, and so it all goes on our bill with our letter head and our envelope, when people open up their tax bill, they see it and they go, it went up, and they go, So city, you're telling me something that isn't true.
No, we are telling you something that's true.
You just have to go and look at the line that says city tax, and you can see that that didn't go up.
It's the other tax that we that we bill for that does go up, which is the school tax, because they do not have the freeze.
Although um, with the new state law, that may all change.
So uh we're waiting to kind of see how that goes.
And to look just to bring a little bit more clarity to that, because um we've had questions that says, okay, well, um you say that it's um the school board or another millage rate, but theirs didn't increase either.
That is true.
The millage rate may stay the same, but the assessed value may have increased.
And so it's based off of percentage of that.
And so if the millage rate stays the same, but the assessed value goes up, then the overall bill will go up as well.
So I just wanted to clarify that as a good point, because the school district has done a real good job of not increasing the actual rate.
Correct.
And so that that is not happening.
Sure, I might look it up, but is the school board cap at 20% or 22?
It is capped.
I'm not sure whether uh it's around 20, I can't.
Yes, sir.
It's around 20, but I don't know the exact number, but yes, sir, you are correct.
Yeah.
Um I want to say it's 20, but I'm not exactly sure.
I think it was 18, then went to 20.
But they are under that.
They do have the ability to go up, but they have not.
Might be a good idea just to um when we send that out to our constituents and our neighbors to maybe asterisk that so they can see that in bold that we're not going up.
I totally agree.
And I think we actually did something like that this last time.
We put some language on that bill.
But the problem with this one is we don't send this one out.
No.
This goes by the count.
The county sends this out and it says your estimated tax, and it talks about it.
Um it's not usually what the people are gonna actually pay.
It the it's different.
And last year was the first year that they actually did not assign an um estimated tax amount due.
Um what they did was um indicate for each millage rate, they assigned um what the assessment value would be, um, but did not go the extra step that they have in prior years of putting a dollar amount associated with it, but they provided all of the components that would allow you to calculate it.
But um because there have been a number of um discrepancies between the what the tax assessor um releases and what their actual bill was with the changes in the legislature, they omitted that portion last year, and that was the first time that they did that.
And um to speak to your point, um, Councilman Sims, we did um include verbiage last year on the bill.
There the state had very specific um verbiage that we had to include on the bills.
It was um only applicable to the the school board because we um we already had a homestead exemption in place, and so they had to provide verbiage um for their portion of it that indicated that they chose not to opt out.
And so that as far as I know, unless something else changes will be the case again this year.
Okay.
Thank you.
So I'm trying to hear everyone, it's a little difficult about the opt-out, not opt-out.
Um was it opting out of which part there?
The opting out of the homestead exemption, the freeze portion, um, where the values would not increase.
Right.
I know the board of education opted out like everyone else did.
Most municipalities did.
And then I would say that from a millet rate standpoint, um, from what I can hear, I can't hear on the other side of the room, and I can't hear you all that well.
But I do know that just for context, um schools has I think the second lowest millage rate in Metro Atlanta right now.
I think for site might have the only other lower knowledge rate, and from my conversations with them, uh there's no incre no conversation about increasing that.
Just for context.
Yeah, that's what we've heard from staff also.
And Ms.
Mayor.
Just point of clarification.
Yeah, thanks.
Point of clarification on that.
Um the opt-out was for the statewide floating homestead, not our freeze.
Our freeze is still in place.
Correct.
As of right now, the bills no bill no bill has been signed.
So as of right now, it's still in place.
Yes.
No worries.
I'm talking about previous.
I'll not tell anything, any current legislation that hasn't has or has not been signed.
I'm talking about last year.
Yeah.
Obviously, we don't know which legislation is going to get signed.
There are multiple bills out there that have been passed.
We don't know what that's gonna look like.
Very true.
Okay.
And our city is one of the lowest.
Oh, yes, sir.
Yeah, definitely.
When you look at yes, cities that are over 10,000 population, we're definitely one of the lowest in Metro.
So basically we would just need uh for council to um approve these estimated amounts to be able to satisfy what the uh county uh needs.
So basically we would just need uh for council to um approve these estimated amounts to be able to satisfy what the uh county uh needs, and then as was said, this would come back to you later uh with the full budget, and uh you could stick with that or you could change um whichever you felt was appropriate at the time.
Would the motion bees Mr.
Ghosting point out for all four components or individually?
Only for it would just be for the city millage rate.
Yeah, but I meant like cemetery tax.
No, sir.
No, sir.
It's just for the general fund.
Uh just for the general funds.
Yeah.
And then the school is the same.
It's not their bond funds or anything, it's just their OM fund.
Well, the chair.
Motion.
Um Mr.
Mayor, I might have recognized the motion.
Um make a motion to approve an estimated general fund millage rate of 2.788.
Correct?
Yes, sir.
For the two 2027 fiscal year for the City of Marietta, that shall be provided to the Cobb County Tax Commissioner.
Tax assessor.
Um you okay with that?
Any further discussion.
Uh please.
All those in favor, please raise your right hand.
Aye.
Uh motion carries 7-0.
The next is Mayor Schuh's estimated millage.
I can make the motion again on that one.
I make a motion to approve an estimated O and M millage rate for the Mer for Marietta City schools of 17.97.
Correct.
Yes, sorry.
For fiscal year 2027, that should should be provided.
Or that shall be provided to the Cobb County tax assessor.
All right, thank you.
Second.
Just to explain our code, we we shall approve whatever they asked for.
And that was the request, correct?
I mean, they're they're independent of us, but they're not.
They're within our charter.
So there's been a motion to second at 17.97.
Any further discussion?
All those in favor, please raise your right hand or by voice.
Aye.
Motion carries 7-0.
Meet and adjourned.
All right.
I call to order the uh personnel insurance committee meeting.
First time in business are the meeting minutes.
I'll make a motion to approve.
Got a motion to approve the meeting minutes of March 19th.
No corrections, adjustments noted.
Please signify your approval.
3-0 in favor.
Um the next is the consideration of an appointment for the remaining open position on the Marietta Development Authority.
The authority met, I believe it was last Wednesday.
Um, and they are six of seven.
And uh so we still have one more open post.
And it's a four-year term.
I don't know if anybody has a recommendation.
But we need to that's gonna be kind of critical for us going forward as we look at working with uh the Arthur Blank Foundation, or actually I guess the NS NWSL.
Um so we're gonna it would be good if we could have that board complete again, six out of seven is still good, but seven out of seven would be great.
So I would ask that people give that some consideration so we can get an appointment.
Um person nominated and hopefully appoint it.
You may discuss an executive session if you like.
Um my question.
I know that there were two previous board members as uh that were they reached out to uh as well.
I want to say that all previous have either been reached out to or have signed back on.
Okay.
Just I just want to make sure because I know that was something that was being discussed last time this item was up.
If I may if Bill or Doug will back.
I understand we have one board member that what reappointed it came eagerly and very efficient, which is Fran Sutton, huh?
I thought we did reappoint Fran.
No.
No, you did not.
Just the way the cards feel.
She and another person with kind of she was very positive uh at the meeting and to the point of even volunteering to be the vice chair, but she could not be because she was not a point reappointed at this particular point.
And then I have a question for you, Sheryl.
Yes.
Um I do have a reappointment as well that I need to add to our agenda.
Um Bobby Van Buren on the uh Board of Zoning Appeals.
Okay.
Yeah, let's see if we need to go in executive session to discuss.
You would have to suspend the rules to add that.
Right.
All right.
Um do we have a name to discuss for the seventh position?
Do we have a recommendation?
Do we need to go into executive session?
I would like to recommend pre-hand shutton.
Given that that's a recommendation, I'll make a mo since I'm the month committee, I'll make a motion for that just to see.
Does that position have a a limit for that's a question?
Four year old.
Yes.
Four-year term from now.
This is a four-year term.
But uh could that person be like a county employee?
Is there limitations on an appointment?
The only limitation is that they reside in the city of Marietta.
So I have a possible, but I need to confer.
I'll second Joseph's motion.
Ryan Brody is uh do we need to instead forward this on to a different meeting?
Are you concerned about something?
Can we go into executive session?
Yes, ma'am.
Make a motion to go into executive session.
Or you can hold it until after all these agendas are finished.
It's up to you.
And come back later.
Well, I make a motion to recess personnel.
Um do you want to do the Bobby Van Buren one first to suspend the client?
Oh, yeah, I'm sorry, let's do that.
Um one second.
Because there's a current item on the floor, um motions spend to discussion of this item until until after another item is discussed.
Yes.
And that doesn't require a vote, right?
Welcome motion to suspend discussion is a up to the chair, subject to approval, subject to the suspend.
Um motion suspend rules and add and to the gent to the personnel agenda.
Do we have a second?
Second.
Got a motion and a second, all in favor.
All right, go ahead, please.
Um make a motion to reappoint Bobby Van Buren for the ward six position to serve for a three-year term.
Um Stephanie, can you put the can you also add the date into that motion at the appropriate date?
End date.
And that's on the I already said it was for BZA for Ward 6 position.
Second Van Buren.
All right.
Got a motion to second any discussion.
Hearing none, all in favor.
Passes 3-0.
Is that good for consent?
No objection.
No objection.
No object.
Jason, are you good on consent?
Jason.
Do we lose Jason?
Jason.
Yes, I'm here.
Oh.
Are you okay on consent for that to reappoint Mr.
Van Buren?
Yes, I'm fine.
All right, thank you.
I'm checking consent.
All right.
Um I'm okay with recess.
So we're gonna uh put the personnel committee into recess at this time.
Jason.
Jason, it's on you.
We've recessed personnel.
Okay.
You're up.
I can't hear you.
I'm sorry.
Park recreation is next, and you're the chair.
Got it.
Sorry, I just I can't hear that well off the phone.
All right.
Parks rec is called order.
Uh first item of business uh approval of minutes from March 19th, 2026.
Make a motion to approve.
Approve.
Second.
All in favor.
Aye.
Aye.
Do I have two there?
Yeah.
Yes.
All right.
Carry three out.
Next item of business is 2009 parks bond report.
Thank you, Mr.
Chairman.
Uh good evening, everyone.
Uh so since the uh the last committee reports, uh interest earnings were credited and credited in the amount of 190.49 cents.
Uh so that brings our total to uh $77,921 and 44 cents available for future appropriations, uh including any overages at Larry Sabinsky Park.
Uh want to remind everybody of the uh ribbon cutting at Larry Sabinsky Park on Monday, uh May 4th.
That'll be at 1 o'clock uh p.m.
Uh at the park.
And then I'm gonna go ahead and turn it over to Rich Deckman to talk about updates at Larry Sabinski Park.
Good evening.
Just want to give you an update of where we are.
Um obviously Eric just uh let you know when we're gonna be cutting that ribbon.
Um things are moving forward.
Uh a lot of the infrastructure is now working.
We've got uh water uh for the irrigation, the restrooms up and running 100%, although we are gonna leave it closed until the ribbon cutting itself.
Um just to give you some ground level photos.
This is from Hedges Street coming in the uh north end of the park at the uh the the trail that leads down into the main part of the park.
Um everything, as I said, is starting to green up.
But we got our irrigation operational just in time for our little drive that we broke from.
Um heading into the our field.
Uh and it's kind of kind of an overview of of you know shows you our trees are in benches, uh trash receptacles, uh all the all the little goodies that we add to the park towards the end um are in.
Um the one thing the two items that are once again we're always hit with something.
Um are uh the light poles.
We were just informed that they were ordered, but they are their arrival is unknown at this time.
So the uh park lights will not be up.
Um as well, the um picnic shelter um was also delayed again.
Um we will have a tent for the um for the uh the ribbon cutting in the place of uh where the shelter will be.
Playground got its mulch, it's safety mulch, which we've been holding off on uh because we really didn't want people using it yet.
It went in yesterday, so we we think we're gonna see an uptick of folks um coming into the park, you know, passively at this point, which people have been, but um uh we're gonna see probably the uptick today.
Uh my um my staff uh braved the uh weather to uh complete this part of the landscape um area where you can see where the little library has gone back in.
This is kind of uh standing near the restroom looking out towards the street, and last photo, which is uh shows you where our signage is.
We've got a sign up there uh ready to go.
Um you can see kind of what we went through, a little bit of dirt on that sidewalk that we're that's gonna be tomorrow's job to clean that up.
But um, everything is tracking through for uh um having that ribbon cutting.
We're really excited to get this one under wraps.
What time is that on my plan?
Thank you so much.
Um question.
Yes, I have a question.
I'll look to the parks bond report and I'll look at everything from obviously I got revenue, expenditures.
How are we on expenditures and completing what we wanted to do versus what we really wanted to do?
Is that makes sense?
So really uh the only park we haven't touched is uh that was uh voter approved was is A.
L.
Burrus, so there's fifty thousand dollars uh uh appropriated to that park.
Um gonna talk about that uh at a later agenda item.
Um but as far as uh the items that were approved by voters, we've accomplished those.
Uh there's a little bit of money outstanding.
There's some atherton square for um some items we wanted to do there.
There's a little bit left at Glover Park uh just for brick repair, that kind of thing.
Um and then there's uh a little bit left at Kirby Park is as well.
But uh in general, most of the uh most of the bond funds have been expended towards our projects.
Okay, great.
I just want to make sure you know folks know when we approve a bond, we do what we said we're gonna do.
Thank you.
Okay.
All right.
There's nothing else.
Uh Mr.
Chairman, this report is presented as informational and requires no additional action.
All right.
Everybody, any questions?
All right, we'll move on to the recreation facilities quarterly report.
Okay.
All right, thank you.
So this is the report for the third quarter of this fiscal year.
This is for Custard Park Sports and Fitness Center, uh, Elizabeth Porta Park Spray Ground, and the Franklin Gateway Sports Complex.
Uh so on your report, you'll see the attendance uh totals for all three facilities for the quarter.
Um just I'll point out a few things.
Uh Custer Park Sports and Fitness Center.
Uh we increased our total gross revenue for the quarter by 11% uh versus last fiscal year.
Um at Elizabeth Park Spray Ground, uh we passed our inspection, and so and we opened for the season on Friday.
Um and so for the month of May, we're open just weekends only, and then when school lets out, uh, we're open uh throughout the week.
Uh Franklin Gateway Sports Complex, uh you'll see we're down a little bit for the quarter.
Uh primarily that was due uh during the month of March.
We had some some uh tournaments not being quite as large.
Um but just for your reference, and this is not in your report, uh, but as of uh today, um we're uh we're at $389,000 uh versus $370,000 at this point last year.
So we had a a smaller uh month of March, but we've made up for it during the month of April.
So we're we're on target there.
Um just a few program items.
Um our summer camp at Custer Park Sports the Fitness Center uh is already at capacity for all nine weeks.
Um our next special event is uh this weekend, and so that's the May Redda Days Arts Craft and Music Festival.
That's uh Saturday and Sunday.
Hope you guys have come out to that.
And then uh also in June wanted to point out you've heard of people have heard about this, but our uh uh Marietta Soccer Fest will be uh in June, so it'll be June uh 12th through the 13th.
Um the June 12th and 13th will feature a walk watch party on the Marietta Square, and then on the 14th, uh we'll have a family event uh down at Franklin Gateway Sports Complex.
Um and again, sir.
Okay.
I I want to say Custer Park is doing phenomenally well, so excited to see 26 versus 25.
Anybody on the anyone have any questions?
No questions.
Okay.
Moving on to the next Life University Trail.
All right.
Um, so this item is a uh memorand memorandum of understanding with Life University for a trail uh that connects Wildwood Park with Ayle Burroughs Nature Park.
Um and then also we're gonna uh ask for a related installation of a gate uh at the Ayle Burris Nature Park as part of this.
Uh so in October 1991, uh the city and life university reached an agreement to develop a trail uh use utilizing land owned by Life University that connected Wildwood Park to Ayle Burris Nature Park.
Um in 2010 that agreement was terminated by Life University.
Uh that trail is still in existence uh and is regularly main regularly maintained by Life University.
Um recent discussions between our department and life university have resulted in both parties uh being desirous of renewing the agreement that was terminated in in 2010.
Um as such, we developed a an uh MOU.
Uh there's an MOU in your packet.
I just passed out a hard copy of that.
That's an amended version of that.
Also emailed that out to everybody this morning.
Um but that's the MOU.
So the language in that MOU has been approved by Life University by the Life University Executive Committee and also to legal council.
Um also Mr.
Haney reviewed the MOU as well.
Uh so uh to further this when uh uh ALBURAS Nature Park originally uh began development in 1984.
Uh it was it was uh developed utilizing a land of water conservation fund grant.
Uh when the grant was written, uh the park was described as a wild wood park extension and a copy of that documents in your packet.
Uh the renewal with uh of the MOU with life university uh for the trail uh will allow us to go back to that original intent um of Aylburoughs to serve as an extension of Wildwood Park.
Um and so uh to accomplish moving back to that original attempt, uh we are requesting to install a gate at the entrance of the Ayleburas parking lot.
Uh that would close the parking lot uh on a permanent basis uh and move access to the Aylborough Nature Park uh through Wildwood Park across life university um through the trail uh per the MOU.
Um as Ayl Burst Nature Park was developed using the Atlanta Water Conservation Fund grant.
Uh we uh consulted with the Georgia Department of Natural Resources, and they had there is uh no compliance issue with us getting off that parking lot.
Um we would still maintain the parking lot as a as a main as a maintenance uh access and also uh as an emergency service uh access point.
Um the uh 2000 mile uh park sponds uh we've been appropriated 50,000 for that park, um, and that will more than cover any any cost of the gate or signs that that we want that we need to install as part of this.
Um so this time staff would recommend a motion to approve the MOU with life university uh for a trail connecting Wildwood Park and Aylburus uh Nature Park and and the installation of a related gate uh at the Aylburus Nature Park parking lot.
Uh thank you, sir.
I appreciate your hard work on this.
I know it's been a long time trying to figure out what we're gonna do with this park.
Um I think it's a wonderful plan.
Uh so much grateful for Life University and MOU and uh look forward to what we're doing there when ask the committee or council for any questions regarding the matter, Mr.
Chairman.
I do have a few questions.
Um first off the gate and the directional signs, that's a request by the city.
Correct.
So that's something we want not something like life ones initially.
I think it benefits both of us, but yeah, we're the ones asking for it though.
Yes.
We are, and they have approved that.
Yes, sir.
Okay.
Um looking back at the original agreement.
Some of it was dealing with, of course, the construction of the thing.
And some of the maintenance stuff is carried over into this.
But um with regard to uh there are a few things that were not carried over from the old MOU into the new MOU, namely it's about being able to do um us being able to do events on that four that 400 meter lap track.
And then I think life also having something to do with uh asking for event um occasions at different times as well.
So the this just is just related to the trail.
So there is a there is a track out out there um at the facility that that they use.
They do not want us um utilizing that as part of the trail.
They're just this is just specific to the trail that runs from Wildwood Park to uh to Ayleburst Nature Park.
And the reason for the um the gate, the access gate as part of that is because entrance that they have locked because that leads into the uh into the the track that they have uh which would allow a vehicle to run in there.
So this will allow them to keep that locked, but we can have a um a pedestrian gate that that people can walk through and still maintain the trail while they can so they can keep that lock and protect their facility.
And is there a reason why they don't want us using the lap track as an option uh optional thing?
I think it's really just that that's their property and uh they want to control that.
Um I'm not saying that they're gonna get upset if somebody goes out there and walks, but uh, I don't think they want to release any control over their private spaces.
You know that was something they agreed to back in 91.
Yeah, they got the different administration and they definitely uh think differently about that at this point.
I don't know if they ever had any trouble with it or problems, but um that they have not wanted to do that at this point.
Yeah, this discussion was solely about the trail.
All right.
I I sorry I can't see if interaction.
I'm sure what happens, mate.
What should there's a lot of bulldozers are going on between Wildwood and Burr's along shelf covering by what is that?
Uh next on the NASDAQ.
Oh, okay.
Okay.
Okay.
So this would be way behind yes, sir.
This is this isn't anywhere near the road.
This is on the back.
That's what I mean.
There's a lot of dirt earth moving right there.
I'm just yeah.
There's a there's a fence that runs along um uh the property of the of the military facility, and the trail is on life university property.
So it never it never on that on that particular on life universe property it never crosses over into there.
I want to know what's going on there.
So I I'm looking at a map of A.
Burris Park, and I don't know when this is from.
But it's showing several different trails.
Are we just doing one trail?
Um we're just this this is just related to the trail that leads to it.
So once you get into Ailburst Park, there's a series of of trails.
All those trails would be maintained.
All those okay, and what about the pavilion that's there?
We maintain all that.
Our staff will continue to maintain that.
So we'll continue to do that.
It'll just be we're just you to get to it, you'd have to come through wildwood.
Okay.
Is there a bathroom over there?
Um, there's not a bath in there.
Okay.
I only ask because if you can't get back to your car right there at South Cobb, you got a ways to go to get back to a latrine facility.
Um right at the stadium where you cross in the life universe property, there's a restroom right there.
And that will still remain open for their use.
It's open to the public.
That facility is open to their students and to the people on the on their on campus.
Okay.
If you needed it.
Okay.
Thank you.
Um still do have a few more questions, Mr.
Chair, if I may.
Sure.
Um I think in the original agreement also had something about them coming and closing the gates for us at the end of closing time.
I'm not sure that's in the current agreement that in the proposed agreement.
Is it might have just missed it?
Um in control of the pedestrian gate.
And that would remain we would that would remain open.
That would not be something that would be open and closed.
Not the pedestrian gate.
I'm talking about the gates to the parks and stuff like that.
Um previously into the previous agreement.
If we if we had those gates installed at the park side, um they'd be the it would be life security staff that would be coming and closing security staff to be coming and closing those gates for us rather than us having to go out there and close them.
Uh we have not traditionally we have not closed those gates.
They remain they've remained they've been open, so they're not something that's been open and closed on a routine basis.
Okay.
Then uh last question is kind of a liability.
Uh there's a lot, um, I think in a liability policy requirement in the previous agreement.
Um just double check that to make sure that that doesn't still need to be in place.
And then uh with regard to the uh the signs and stuff, uh the city is responsible for maintenance, including any damage.
On the off-chance life university is the one to cause the damage, though.
We would still have the requirement to make to do it.
So if they did if someone did some of their staff members who would some either damage of some sort, should life be the one responsible for that one if it's acts of omissions of their own um representatives or employees.
I think if we could prove that they were damaging city property, then we would pursue that.
Yeah, that or it could be a negligent thing, someone backed into the thing.
Um it's like somebody who runs a car into some of our uh light poles or whatever else now, we go after the individual, whether it was intentional or not.
But if it's like if it's life that's ambitious under this agreement, we can't go.
We're saying we're the ones who will do any damage replacement as currently stated.
Which means we couldn't even go after if someone negligently backed into it in that situation.
We've already given up our right to go after it under this agreement.
Because we say we're maintaining it at no cost to life.
So if there's an act of omission by uh by that that caused the damage, I would think that life would be the one that'd be responsible for that particular situation, as would any normal any other individual we go after.
Sure, that would be reasonable.
But uh understanding the rest of the times it's up to us to go out uh to deal with that.
Yeah, because they're they don't really need the signs, we do.
They're just there's no signs to keep to show people where the trail are is what we're yeah, I and it's just more so if it's something if one of their if one of the people not intended, just if it's a negligent act that causes damage, if we would normally go after someone, this would not allow us to go after that to go with us from life.
I I don't know that there'd be any it should it's unlikely, it's just it's a it's a one is I'm saying I don't know there'd be any pushback if we added some language with the council desires that we could do it for the final okay anything else Mr.
Elsain, do you or has been would you like to work with Mr.
Haney and just let me know which add that language you want to add to that?
I just suggest leaving in Doug's discretion as to the intent, but that's assuming the rest of the council agrees.
I'm one pro I'm one member, so I would agree because it keeps liability off of us as a city.
Okay, any other questions around life conversation trail and o you all right.
Do we have a motion to approve?
Motion to approve.
We have a motion, we have a second.
Second.
All in favor, aye.
Aye.
Aye.
I'm assuming you all raised your hand, so that would carry three.
Oh, next up, landing confrontation.
Did it pass as amended or as written?
I'm sorry, I couldn't hear you right.
Well, it didn't say that.
Didn't say it.
Okay for consent.
Yeah.
What was your motion?
We made the motion.
I'm not on the committee.
So my motion was to approve um what we discussed with it.
The document with verbally amended.
Yes.
Okay.
Just for clarity.
Okay.
Okay, Jack.
Thank you for the clarification.
Carter on the phone.
All right.
Moving on to land and conservation fund affidavit.
All right.
Uh thank you, Mr.
Chairman.
So in uh January 2025, Atlanta Water Conservation Fund project agreement was executed between the city and the Georgia Department of National Resources, uh approving a $500,000 Atlanta water conservation conservation fund grant for improvements at Larry Sabinsky Park as part of the agreement and the closing out of that project.
Uh a limitation of use abidavits uh affidavit for the property must be submitted and filed.
Um and so copy of the affidavit where we're proposing is in this packet.
Uh the affidavit this affidavit acknowledges that Larry Siminski Park has been developed uh with finite with federal financial assistance.
Uh additionally, it uh uh acknowledges that the property may not be converted to other than public outdoor recreation uses uh without the express approval of the Secretary of the Interior.
Um Mr.
Haney has re has reviewed the affidavit.
Um this time staff would recommend a motion to approve limitation of use affidavit for Larry Siminski Park as part of the close out documents for the land of water conservation fund grant.
All right, thank you so much.
I have no questions.
Committee members first.
Do you have questions?
I'm assuming this is not any other council members have questions.
Um yeah, I'll make a motion to uh approve the affidavit.
Um part of the closeout for the land and water conservation fund for Larry Kmincy Park.
Second.
We have a motion, we have a second.
Is there a second?
Second, yes.
All right.
Any other discussion?
All right.
All for the vote.
Aye.
Aye.
Aye.
All right, motion carries.
Three-o.
Mr.
Chairman, can I have a point of order on the life university?
We didn't talk about consent.
What?
I think we better just make sure we have the language hashed out um hashed out.
To put it on consent.
Yeah, especially if we get you to get the language first, we'll discuss it, and then we can do it beforehand.
Yeah.
So non-consent.
Yeah.
So it's move forward, but not on consent.
Correct.
Right.
Yeah.
Thank you.
Okay, sorry, I couldn't hear everything.
Are we ready for the next agenda item?
Yes.
Light post banners, please.
Thank you.
Uh our final item um is for uh World World Cup uh banners.
So at the uh April 226th City uh council meeting, uh light post banners celebrating the 250th anniversary of America were approved uh for installation at various locations in the city from April 20th through July 31st.
Um after that approval, uh visit Marietta approached us uh and they confirmed that they had official FIFA uh World Cup light post banners uh secured through uh cob travel and tourism and an image of the uh uh of that banner is in your packet.
Um such to celebrate the World Cup.
Uh staff is requesting to uh install the official FIFA World Cup light post banners from June 8th through June 28th, 2026.
And so uh during the dates of June 28th.
Actually, we switched that to June 8th through July 16th, 2026.
Okay.
Yeah, and the reason we switched it originally we were looking at the June date, but then we switched it to the 16th because the last game that will be played in the bends will be on the 15th of July.
Right.
That would cover semi-file.
Allow us to go all the way through that.
All right.
Uh so uh excuse me, so June 8th through July 16th, 2026.
Uh, during those dates, uh half of the half of the light post banners uh celebrating the 250th anniversary of America and the square will be removed and we'll replace those with uh with uh the FIFA World Cup Light Post Banners, so we'll have a mix of both there.
Um in addition, we'll like like with the other uh light post banners.
Uh staff will work to determine other locations as appropriate to install those banners.
Um is uh Mr.
Bruton mentioned uh during the dates of uh June 8th through July 16th.
That will coincide with not only America the Marietta Soccer Fest, uh, but also the first round and also the semifinal uh round uh games of the World Cup played in Atlanta.
Um so this time staff would recommend a motion to approve the installation of the FIFA World Cup banners on life uh posts around the square and other locations around the city uh as determined by staff from uh June 8th through July 16th, 2026.
Wonderful.
Thank you for your hard work on this, and thank you for finding the other places we can possibly put some things up.
Any questions?
No, I'll just make a motion.
None that we have go ahead.
Uh I make a motion to approve the installation of official FIFA World Cup banners on light pulse around Marietta Square and all other locations uh in the city as determined by staff uh from June 8th through July 16th.
All right, we have a motion for Mr.
Sands.
We have a second.
Second.
Motion and second.
All in favor.
Aye.
Motion carry three of no other business before parks, rec and tourism.
The committee is adjourned.
Uh are we hold on for one second?
Are we good for consent?
That's what I was gonna ask.
Consent.
Thank you.
Yes.
Um given that the parks recreation tourism committee has been closed out, judicial legislative committee is here.
I call to order.
First item business is the meeting minute.
Uh meeting minutes of March 19th, 2026.
Is there a motion or is there discussion?
Motion to approve the minutes.
Okay.
Motion second properly made to approve the minutes.
Any further discussion?
Hearing none, all those in favor, please raise your right hand.
The motion carries 3-0.
Next item of business is the detailed plan for Cold Farm Powder Springs Road.
Yes, sir.
That is correct.
Um, the rezoning of the 10 uh.92 92 acre property for 43 single uh family detached homes.
So this is a request for the detailed plan.
Um you will notice from the memo there are a number of uh comments that staff has had uh since the time that this memo is produced.
We've had a lot of constructive conversations with the developer, Mr.
Cassidy.
He is actually working to address these comments and feels uh as if he'll be able to do that by the time the work session comes.
Um he's also here if you had any questions you wanted to ask him about the plan in the meantime.
Is there any would uh any questions from the commit committee towards Mr.
Cassidy or any other discussion that the committee would like to have and or counsel on both those points for me?
Just all five points are being addressed are being being looked into and addressed right now and will should be addressed by the agenda work session.
That's correct.
I'm looking for uh a motion to a motion to move forward to the agenda work session.
Is there a second?
Okay.
There's been a motion there's a motion probably made and seconded for to move this item forward to the agenda work session.
Mr.
Cassidy, just shake yes.
Yeah, you're planning on addressing those.
Thank you.
Okay.
Motion probably made second for the agenda work sessions any further discussion on this item.
Hearing none.
All those in favor of the motion to move this forward to the agenda work session.
Please segnify by raising your right hand.
The motion carries three.
Oh we'll see you all.
We will see you back for the work session.
Please continue to work with staff.
Thank you.
Next line of business is 20260455 detail plan Hope Creek 1651 Crest Ridge Drive.
This is the rezoning from those in my ward that was approved back in December, correct?
Yes, sir, that's correct.
Of the 19.451 acre property that has 76 single family detached homes.
This submitted over the detailed plan.
If you look at page two of the memo, staff has a couple of comments there.
One is more of a recommendation, which is to look for potential access points to the uh trail amenity.
Uh the other is required by stipulation, however, which was a stipulation number 12 is a part of the rezoning, uh, which was to make all intersections um always stops.
Um the uh engineering firm who's working with the applicant has acknowledged this comment and they're working on a revision, so they'll have that submitted back to you.
Is there any um I do all have a few questions?
But I want to let committee and uh council if there's any questions they might have at this time.
Um the quite uh first question on the thing.
I know that there is a zoning stipulation regarding some uh money dealing with the road uh road improvements.
Um has that been paid at this time, or is that too is that still going to be paid regardless of whether this item is approved or not on the detail plan.
I'll uh refer to Mr.
Rice.
With my understanding, that money had to be paid before their land disturbance permits were issued.
So no permits obviously have been issued at this point, so that payment has not been made.
Okay, but there's uh uh even if this was approved, even the detail plan was approved, they would still be under that requirement in order to get the bill in order to get that permit.
That's correct.
This is all part of the process they have to go through before we can go through that other process.
Thank you.
Um with regard to these the access points, that was not a requirement, but that's something that staff is suggesting, and they're willing to take a look at to see if they can get additional access points back to that trail.
I'm not sure if they've acknowledged that they will be looking at it.
That is uh simply a recommendation of staff seeing additional access points, but we can convey that to them in between now and uh the next meeting.
Any other comments from council or committee?
Um with regards to the revisions, they should be able to get that by the agenda work session.
Yes, sir.
This time I'll entertain a motion probably for agenda work move this forward to the gender.
Motion to move this forward to the agenda work session.
Okay.
There's a motion second properly made to uh move this forward to the agenda work session.
Is there any further discussion?
Hearing none, all those in favor, please raise your right hand.
The emotion carries 30.
This is moved forward to the agenda work session.
Next item of business is 2026 0438 short-term rental regulations update.
I think this is a discussion only item, correct?
Yes, sir, and this is uh being brought forward because it came up in a um in a related discussion at the last committee meeting, and so staff was uh rebringing this back forward.
So uh we initially brought this item uh before uh previous council back in 2001 to or 2021-2022 time frame after the state law changed um that taxed the um the marketplace facilitators, the VRBOs, the Airbnbs and the like that that they were now having to collect and distribute hotel motel tax funds.
Um at that time we provided you a um essentially some research of 15 different cities and different communities in the way that they regulated on a local level, um different air, you know, different um short-term rental uh stay locations.
Um at that time we did bring forward some draft language, and council chose not to take any action on that.
So, in light of the conversation last month, uh Savannah on our team has upgraded or updated rather that research, and we have it in the table on page two of your memo.
We have 20 different communities that regulate short-term rental on a local level, and we have some different provisions outlaid for you there that they choose to regulate.
Um as you can see, some require a business license, uh, others a permit, some both, some require uh certain inspections and regulations by building department and by the fire department.
Uh others have regulations on length of stay, occupancy, um, whether you have to have a local agent and some other provisions there as well.
Um, and so of the the 20, we have those outlined uh before you for discussion.
And um I will note that there are other governments who also do not regulate this on a local level.
We chose not to include those because they don't have any of those regulations.
Um so primarily putting this on for discussion.
Uh one piece I will note is that if council did move forward um some type of local regulation related to this, um it is very difficult to determine which it addresses are being operated as Airbnbs or verbos and the like, um but there are a number of companies, many of whom may have reached out to you who provide this service of essentially providing the city of a list of those within their jurisdictions.
Um, but there are a number of companies, many of whom may have reached out to you who provide this service of essentially providing the city of a list of those within their jurisdictions.
Um that is a companies types that we would need to engage with in order to uh really wrap our heads around who's who's having this activity at their household.
Um anyway, with that, Mr.
Chairman, happen to answer any questions or um open for discussion.
Um, this was requested by council council Richardson.
Uh let you I won't say that I actually requested it.
I did bring it up.
Um, we would look at using a company to help us to figure out what we don't know.
Yes.
So many of these, they don't give you the exact address as they're located online, they give you parameters, and then when you actually go through the process of registering, that is when you know what the address is.
So these companies essentially filter through that and screen it on behalf of local governments, and that's really the only way to know who's operating specifically down to the property.
I personally have no problem with business license or permitting.
I think that our noise ordinance handles noise.
We have a party house ordinance that handles party houses.
Um street parking, is that already covered by our parking ordinance?
Um one of the things that was our biggest stumbling block is many of our most successful Airbnbs are historic houses that don't have fire sprinkler systems, and to require that would probably take several of those off the list.
So I I think that we're covered.
I just feel like sometimes we don't fully enforce what's out there because I think some of this is um business licensing issues or running a business out of your home, and it's just not kind of being caught.
That that was what my concern is is that people are doing things that impact their neighbors and neighborhoods, and we by the time we figure it out, um, it's gone on way too long.
So I don't know that I really was looking for a a new ordinance as much as I'm looking for how to corral some of this that goes on that are businesses operating in a home where people are coming, staying, parking, and I see Patina's about to move to come tell me what we're gonna do.
Um but that's my biggest concern is that the neighbors are having to deal with this.
It's not it's not the regulated Airbnbs.
I mean, those guys are are like number one host in the Southeast, and we've got several of those in Marietta, and that's great.
It's the people who are hiding this business within their home that we don't know how to regulate.
Well, when it comes to the regulation from an uh occupational tax perspective, if we don't have um we would have to have ordinance in place to allow us to um in order to issue a business license at that um based on that activity.
Um the way that it's set up now the um merchant which it would be like the Airbnb, um so the marketplaces are reporting to us.
If we did not actively engage, as Daniel um mentioned in working with an outside company to identify what those locations are and then have an ordinance in place in order to actually enforce it from a business license standpoint.
We can't really do much.
So is it I guess consensus of the council that we do put an ordinance in place and at least require a business license?
Right now it's just discussion.
I'm just there need there would need to be a balance because renting a home on a normal basis is something that's a property right, not a business activity on that.
If you have a r a home rent, uh someone's renting a home as their primary residence, for example, that's not a business.
That's a year-long lease or longer.
Yeah, but that wouldn't fall under short-term rental.
This is literally listed as short-term rental.
I'm saying you have to be careful, you have to be very careful with an ordinance.
It says just rental versus something else.
It's a one of those you have to be very careful in the language, is what I'm saying.
If there was going to be an ordinance.
Well, you would limit sorry.
You would define it by the limitation of whether it's you know what is the short-term rental or less than 30 days.
So my question.
That does tend to be the demarcating line is either 30 or 31 days.
Right.
So would it be appropriate to bring a sample of an ordinance that we could uh discuss to uh um see if that's what the mayor and the council want to move forward with?
I just think they need to be at least a license.
We need to know what's in the city.
I I agree.
I think we need to know what's out there, and I think also we need to have a point of contact for when there's an issue.
Yeah.
Um I've got one right now that I think is on Grambling.
And those guys over there are just doing whatever.
And it's unacceptable for the neighbors to have to put up with that.
Um, and we need to know who is the person that we contact to get that rectified over there.
Local agent, essentially.
Yeah.
So something we can do bring back.
So when you have a second, let me know when I can ask a question.
Carl, uh uh Carl, I'll finish up your question, then Jason's going to be next on his question.
Okay.
So is that something you can bring back by the next committee meeting next month?
Yeah, we certainly could if that was the direction.
Um council for waters.
Yeah, again, I can't hear everything clearly well.
Um question is uh have some constituents talking about party house, Airbnb, and so forth in terms of uh and I think staff knows about situation.
What do we do about those specific situations and limiting those?
And if you address this, I can't hear the other side of the room, so I apologize.
Bill Yeah, so I think in those situations today, as councilwoman Richardson was alluding to, we would go after the specific violations, whether it be noise, whether it be parking, um it could be a number of issues party house, although that has pretty narrow provisions as to what is considered a party house is defined in code.
Um that's the way we're going after those on an individual basis.
And so that's how we would handle it today.
This would just allow a different approach to it if that's the direction we had.
Okay, thank you.
And then what if they're advertising as a party house online?
Yeah.
Apparently, this current house is advertising as a party house, and then the party house shows up.
The party shows up.
Yeah, those those can be addressed today under our existing regulations with the city attorney.
Okay, thank you.
Just wondering, I see there's a registration only um uh thing it says on the second one.
S uh short-term rental permit, special license or registration only.
What's the difference between all those versus business license?
Uh well, business license, obviously very specific occupational license with occupational tax provided to it.
These are just other essentially um I guess other allowances that are either just different types of special licenses or uh just a list that different communities would have on there.
So handled it in a little bit of a different way.
Got it.
I think from a May.
Yes, you may.
Yeah, from a practical standpoint, I think we ought to look at because if the homestead exemption gets more and more favorable, I think you use a business license to control taking the homestead exemption, but actually they're written a house.
I mean, I think like Carl I point out the definition.
And uh there's a sense of fairness that bothers.
I think there was fairness and made them against the hotel motel tax.
And this would be the same thing that somebody really written a house, but they're saying it's an Airbnb.
And they're taking the home set exemption.
You would not you need two meters.
How many days the homeowner has to stay there?
But it's across the board.
I mean, like, we made a IRS thing.
You know, you don't have to pay income tax if you rent 14 days or less.
I mean, that's but I think because of the homestead exemption, we need to look at it.
You know, not as much as nothing like a rental ordinance, but just like the hotel motel tape came up the homestead exemption.
It is a privilege, and you're just monitoring it from the other side.
It's a privilege tax.
Um you have a question.
Good.
At this time, are there any other questions or comments?
Given that the staff council uh counsel seems to want to uh would like to have that have not have this brought back up next month.
One thing I want to ask is take a look at a few different what the options are outside of just thing there.
Okay.
We'll do my clarifying picking up some feedback that maybe we don't want the most onerous of code changes related to it, but we simply need to know who it is and hold them accountable based upon the activity having happening.
I think that's kind of what I think that's kind of what you're looking for on that.
Yeah, I got a feeling that the local agent is going would be important if there was anyone going to be anything on that.
Given the fact given the fact that that would allow other things like a party house notification, a parking notification in case there are violations, you'd have someone to go to as well.
Um is there any further discussion on that item?
Hearing none, we're going to move on to the next item, which is the bond schedule modifications item 20260454.
I believe this is a request from the courts.
Good evening.
Good evening.
Judge Burke has requested a change to our bond schedule and posting of appearance bonds.
Um there are two changes that um he's requesting.
The first one is a change to our process for how we price citations when they originally come into our office.
Our um our old um procedures, which we've been doing for a long time, is to run a driver's history and review that history and charge an additional $25 for every moving violation that they have on the history within the last five years.
Over the last ten years or so, I have kind of polled other clerks in the state at conferences and meetings, and any time I can get together with other municipal court clerks.
We are the only court that I have been able to locate in the state that is following that procedure.
So because we are seemingly perpetually short staffed in the court, um, Judge Burke would like to change that process and eliminate the review of the driver's histories when we are initiating cases.
Um he would like to go from a base fine of 110 to a base fine of 125 dollars.
Basically, what that's gonna do is it's gonna eliminate a good uh portion of the workload of one of our clerks.
We estimate about 20 hours a week has been spent doing just the running and review of the histories, and so this will help to alleviate the workload and allow us to work a little faster on getting cases initiated into the system.
Um it will also save us some cost because we won't be printing all that paper.
Um the second change to this is we have to have a driver's history when those individuals actually uh go to court.
So we're gonna wait until two or three days prior to their court date and run the history for anybody who's still remaining on that court session.
That will help to cut down some of our paper usage and our cost and uh some of our work.
I have included the um updated bond schedule that will show you all of the um offenses where it went from 110 to 125.
As you can tell, they are minor offenses.
None of our major offenses have changed, so DUIs driving on suspended license, anything that would be considered a mandatory offense, um, have those fines have not changed at all.
The speed I need do need to note that the speeding fines did not change with the exception of one.
Um, and that is because they are mandated by law what your maximum amount could be, and we are currently within those maximums without you know making those changes.
Um I will note that our speeding between six over and ten over, we did have to change that because we were too high, so we did lower that.
Are there any questions at this time?
Come either committee or counsel.
I have a question.
Yes.
Uh but it's not for you, it's for chief.
I thought you couldn't rate someone going under 10.
Well, you can.
You just can't stop them.
Um local jurisdictions can't stop them using speed detection devices unless they're doing 11 or over.
Um they can by pacing them if I'm behind the vehicle and they're doing seven over.
I can pull them over.
Well, that's good to know.
Yeah.
At 10, that might be something I change.
Yeah, that the I know I've known about the radar thing for a long time, but they've always been able to.
If you're speeding, please can still pull you over if they have other methods of proving it outside the radar.
Yeah.
I don't know if you noticed, but we actually do not have a fine amount for five or less.
Okay, good.
Because I can't tell you the last time we saw one of those.
I mean, your speedometer could be broken and you're doing three or four over and not even know it.
So, or you know, your tire wearing your tires down could cause you to be off a little bit.
So I don't know the last time I've seen an officer write anything actually under 10 over.
Okay.
Is there any further discussion?
Yes, sir.
So I I know you said that was this was very time consuming, but it did you look at what the difference in the revenue would be if you continue it the same or you changed it to the 125.
We think it's gonna remain pretty stable.
There probably will be a slight difference.
We don't know whether it's gonna go up or down because of the way that our computer system captures our dispositions, it's difficult for me to be able to determine that with very much accuracy.
But we did talk about that based on how many people we have with the um added 25 dollar added increments and the ones that we you know, just kind of going through our looking at our fines that we had just on paper.
It looks like it's gonna even even out and be close.
It may not be exactly the same, but it'll be very close.
Are there any further questions from counsel or committee?
I do have uh um one or two.
The so far during the times that you've seen having to go through all the all the uh things.
Are we seeing mostly zero, ones, twos?
Are we seeing a lot or we seeing a higher number of fours, sixes or above in traffic offenses in the past five years?
It's generally between two and three.
Two previous, three previous in the last five years.
Those are our most common.
Um we do have some people that have seven or eight priors.
We um several years ago seems like we have more of those than we do now.
But two to three seems to be the majority of the ones that we see that are um you know tagged with that extra fine.
Okay.
We do have, I will say we do have quite a few people now that are just at the base of 10.
Um, I don't know what has caused that shift because it seems like it has shifted more to people are minding their manners on the road now more than they were several years ago.
That's good, dude.
It is that that's the business that we're in.
We really don't want you to come back.
But um I I don't know what has caused the shift.
Maybe it's just a cultural thing where people are paying attention to their driving.
Maybe it's traffic and people can't go as fast as they used to go.
But um, it does seem like it's shifted down as far as the priors have come back down.
Okay.
Um this stuff.
Um I would probably ask though that you probably come back in about six months just so we can get an idea how's it how's it all working?
Is there something or we started seeing an uptick whereas you've gotten those additional um uh drivers uh driver's histories, and you're seeing maybe those and a lot more of those really high um high number of things in five in the past five years versus continuing to that trend of just zero and coming down with the base just to give us a report on kind of how's everything going on that end, so we can make the final decision, keep the stuff, or do we need to make some tweaks?
Okay, so just come back in six months, it should be for the October committee meetings.
We can do that.
Um I may need to extend it just a little bit further because this will not actually go into effect until the late June and early July court dates.
So if you would like to get six months of data, it may need to be more in the November time frame before we come back with data.
When do you think would be about six month time frame of data?
January.
Well, I would say the very end of the year, sometime November or December would probably be good.
Does this committee have not have an opinion as to whether it should be November, December, or January?
I'd go with when you when you're sure you have the six month data point.
Okay.
So that's going to put it in that range of November to January.
Once you have six months of data collected, put it on the eye, put on the agenda, put it on the committee agenda, the next committee agenda.
We'll do.
Thank you.
Is there a motion?
Well, this called for a discussion, but I make a motion to move this forward to the Wednesday meeting recommending approval by the council.
With them to come back after six months of data.
And with them to come back after six months.
And is there a second?
A motion is probably made and seconded to approve the sujet the suggested amended order of bond schedule and posting of appearance bonds as presented.
And to and for staff to come back after six months data is collected to the jail committee regarding the practice of these bonds of the bond schedule.
Um recommending approval for the Wednesday agenda in May.
Is there is there any further discussion?
Hearing none, all those in favor, please raise your right hand.
The emotion carries 3-0.
Is this right for consent?
Consent.
Is on consent.
Next item of business is the residential tree permitting 20260457.
I believe that Councilman Burgadis has a PowerPoint presentation for us.
Yes, Councilman, I was inspired by Mr.
Ken with his presentation.
Uh although he was suggesting some policy changes, I will not be suggesting a policy change.
So I've how do we get here?
Uh several constituents have asked me for this body to discuss the potential for increased regulations on residential tree cutting.
They voiced concerns, and they being uh roughly five different voices uh emailing me and telling me personally that they were concerned about Marietta's tree canopy disappearing.
Expressed concern about old growth, 100-year-old trees being cut down in the city, and providing other neighboring municipalities tree permits for me to consider.
The benefits of trees are well known, uh, increased property values, enjoyable aesthetics and beauty.
Obviously, we enjoy the shade of a tree, especially living in the south.
Uh controls flooding, noise, glare, and soil erosion.
Well documented benefits.
So as I did research on this particular topic, I considered is there an actual issue?
Do I do we feel the trees are being cut down at an alarming rate in our community?
Do we believe the trees are not as valued by our community's residents as we want them?
I considered uh philosophically what is the role of our government in regulating this.
Balance of personal property rights.
Then I considered how to regulate this.
Is our current staff adequate to regulate with additional residential tree permits?
Would that entail hiring an additional arborist, knowing that Mr.
Deckman is an arborist, he's also the deputy parks director.
Would there be code enforcement staff additional responsibilities?
And then I'd been hearing anecdotally about home insurers, homeowners and insurers becoming increasingly strict, and I've learned in my research that insurers have been using AI and drone technology at a much faster rate and are taking pictures and percentages of tree canopy over homes and canceling homeowners' insurance and saying that you have too much coverage if you don't cut your tree.
That we're hearing anecdotally that a lot of homeowners are uh experiencing that.
So I looked into the comprehensive plan to see is there any actual tangible work items related to additional tree permits.
And so in our needs and opportunities section on page 25, we have number six is improved management of tree canopy.
In our vision statement on page 29, goal 1.10 is establish good and continuous tree coverage and canopy.
That's what I found in our comprehensive plan passed by this body in 2022.
So I'm a big fan of the community work program, which is found at the end of a comprehensive plan.
Those are the specific tangible work items that the city government passes, adopts, and says that this is something that we want to do.
And notably, in our comprehensive plan in this section, there is not an item proposing that we pursue increased regulations of tree cutting.
Again, there is not a community work program item to adopt additional tree regulations.
I looked at other nearby municipalities and seeing how those communities have regulated trees.
City of Woodstock.
City of Woodstock, I would say is a very strict local government in terms of tree cutting.
Any tree over three-inch caliper, the permits are free.
A resident can cut down up to non five non-specimen trees per calendar year.
And very restrictive on specimen trees, particularly large specimen trees.
What are the penalties in Woodstock?
If you do not receive a permit, it's 150 dollars per inch of the diameter at breast height, which is four and a half feet from the ground.
If you cut down a specimen tree without a permit, it's 175 per inch.
Misdemeanor fines are up to 1,000 per offense.
City of Kennesaw, a permit is required for any tree over six-inch diameter at breast height for all property types in the city of Kinnesaw, $25 fee for their permit.
If it's in a historic district, it's a $50 permit fee.
Kinnesaw residents are allowed to cut down up to three trees, six-inch diameter breast height, non-specimen per year, and there's additional regulations on specimen trees.
Unclear exactly the fines.
Additionally, City of Dunwoody has a minimum density pool at square feet of your lot, you have a certain amount of trees that you're uh required to maintain.
Citations could be carry penalties of up to 1,000 per violation or up to six months in jail.
It is uh I would consider a relatively onerous process to get a tree permit in the city of Dunwoody.
This is their single family residential uh tree density requirement.
You can see that if um five trees, for example, are required to be maintained on your lot for 25,000 to 30,000 square feet of your lot, just as an example.
So I looked at what we're doing right now and how City of Marietta handles trees, and um it's for new development and redevelopment.
And for any new development and redevelopment, it must contain a uh detailed tree protection plan, identifying each tree that's on the lot, and we also have a site density factor requiring a minimum tree density in our lots.
This is how we've regulated it.
It's my understanding that this originally came up in the late 90s and has been talked about by this body for several times over the years.
So I'm one man, I'm one voice and one opinion, and none of you guys asked for this, but I'm gonna give it to you anyway.
Uh based on conversations, based on my research, uh, based on driving around the city, walking and knocking on doors.
I do believe that the majority of Marietta's care deeply about trees and enjoy the benefits and desire to maintain trees on their property.
I do believe we're seeing increasing homeowners insurance companies as the main culprit for encouraging tree removals and not the will of the individual property owner.
I do believe that our current tree regulations are strong, and they were passed by the mayor and council after much discussion, and here we are having the discussion again.
I do believe to further regulate trees in our city would represent a significant shift in how our staffing is arranged, and I do believe that it would require an increase in uh our budget for staff, namely a hiring of an arborist, additional code enforcement as well.
And looking at the whole of the issue, I don't believe there is enough of a problem to warrant a policy change at this time.
When I embarked on this research, I did not plan on providing a recommendation.
The research has pointed me to this slide.
Um so I don't have a policy recommendation to change.
I believe our policy on the books is strong, and that's um I'm gonna open up to city staff if you guys want to talk a little bit about staffing, what that would look like, and I would welcome a discussion.
Um given these asked for staff any staff um points, is there any information from staff on this item?
Um not a lot of detailed information.
Um, just to say that depending upon the level of regulation, is as I think Councilman Gaddis mentioned, uh, there would possibly be some staff implications there and certainly uh uh some training on our code enforcement side.
We've not necessarily been active, especially in residential spaces, uh, but that would heavily be dependent upon any regulations that were passed and how um heavy-handed they were, not in a negative context, but how detailed they were this time would open up discussion to the committee and body as a whole, council's all.
Is there any discussion?
Uh question is there anybody else that have had complaints um about three.
I know I get calls still about coal and North Marietta Parkway and where we are with that, and um I do I do from time to time hear from people who are concerned about, but these are generally in developments that developers when they come in, they clear cut, but it is almost impossible to not do that and build in a new development.
You've got to make the space to build it.
Um but we do have pretty strict for our developments with you know having to have trees replanted, certain number of trees, trees in an undisturbed area.
So I feel like for the homes that are not in new developments, not in rebuilds.
I feel like people care enough about their trees.
And you know, if there's somebody who does want to take down trees, I mean I've I've looked at taking down the trees in my backyard to put in a pool.
Yeah, but I like my trees too much.
They provide shade, and I'm keeping them.
Any further discussion?
Mr.
Chair, I did forget one thing.
Yes, sir.
Uh I looked at Marietta tree keepers, and that organization is very active.
They have regular tree plantings that happen throughout the year, and strong organization, good partnership with the city.
And so forgot to mention that in the presentation, but it's another boon to our current situation.
I agree.
I've helped uh I've volunteered with them uh a few different times over the years and tried to help them out in their plannings.
Um hearing nothing hearing no else and no requests from staff, I think this item is at its end.
So we'll move on to the next item of business, which is 20260458, North Merida Parkway sign height and area, Mr.
Gaddis, this is also a request by you.
Would you like to make a presentation with like staff to start?
I I do not have a presentation.
I just wanted to share and set the table that um if you look at the table on page two of two, that this would bring in the size requirements on signage on North Merida Parkway from Kinnesaw Avenue to Fairground Street in line with the tier A commercial corridor overlay, which is a maximum sign height of eight feet with a maximum sign face a square feet of 60.
Um this is I mean near unanimous complaints about the size of signs that we're seeing around that are butting the Forest Hills neighborhood.
Um several years ago we had the the very large realtor sign on the face of uh the the realtor building on Church Street, uh excuse me, Cherokee Street, um Vi Star Credit Union.
Uh there's several large, large signs that I don't feel in many in the residents in the neighborhood feel that is appropriate for a neighborhood feel that which is why I brought this up.
So question.
Yes, sir.
What's the current height now?
I believe it's arterial maximum sign height, is what you're suggesting.
Yes, sir.
I can team in 90.
That's all right.
Yep.
So um currently m most of our signs are are done based upon the city thoroughfare map.
And so North Marietta Parkway is actually considered an arterial.
So it's our largest type of road, so it allows the largest type of signage as well.
So that's the 15 feet um sign height and the 90 feet sign face.
So one comment about that sign.
I don't know if Marietta Parkway.
I know I had the a local dentist call me and said that, and I don't think we would regulate this, but said the sign doesn't meet the dental board's um requirements that all dentist signs should have the name of the dentist or the company on the sign.
But I don't know who regulates that, but um that would likely be a different that would like to be a state level organization, somewhere probably some board under the Secretary of State or other state entity.
We don't um for dental board regulations, we don't have authority over that.
Hearing no other questions, I'm gonna have well I'll ask one or two of my own then.
Um within the uh that area that's uh being that was proposed, Jami signs are currently above that eight and eight um eight foot height and sixty-foot sign face.
Uh I know the I there talk about the one for the dentist, but is there other ones as well?
Or those probably there's one in the credit union that I'm not sure what the height, but it's pretty tall.
I'd have to look into that specifically.
There's a number of commercial tracks, but there's a number of residential tracks along that area as well, and so um they're not a ton of volume of signs, so staff could come back and and provide the the number there if you like to.
I mean, there's the the probate um law firm that's there, but it's a very good looking sign.
I mean, they did a great job.
It's bricked in, it's kind of tannish.
Um but there that's a big sign.
I'm sure that's over the eight feet.
And just for context, the dental sign that's been discussed, that's actually uh only eleven feet.
So they could have gone an additional four feet in height.
And it's bulldug red and black.
How can you guys not like that?
No.
I have to defer to the city attorney on that.
I don't believe you can create I don't um Doug.
Correct, you can't have retroactive application of a zoning law, correct?
Correct.
But if the oh yeah, I won't ask this, never mind.
I'll get in trouble with the police.
Don't ask it then.
Considering that it's an option.
Before there's any kind of motion, is there any kind of consensus as to what the body might think of this at this time, or do you want more information and maybe hold off for a month while we get some one of the two?
Well, we meant to go after road like this, the big roads.
Yeah.
What other arterial roads?
What about South Marietta Parkway?
I can't think uh if you would pull the thoroughfare map that maybe I would think South Mary Parkway would be arterial, but I can't think of any signs on there that are power springs.
I can't think of any signs on there that are kind of the larger.
Yeah, but I'm just trying to think of anywhere else.
Whitlock.
Depends if it's considered a tier A as well.
So if you look at the city thoroughfare map, all of that in dark red, those are considered uh the arterial.
And if you see anything in gray, those are going to be the local roads, and then the blue are going to be um uh they're going to be the collector roads.
The tier A overlay, that primarily is just on Roswell Street.
And so um the tier B doesn't have any type of sign height or face regulations related to it.
And tier B is mostly uh Powder Spring Street, right?
Powder Springs, there's Whitlock as well, and then some on South Marietta.
And some of the reasons why we probably have the larger signs on those because they're the more those are the those are the ones that are designed to be more heavily heavily done and probably more commercial, if I had to guess.
I think that was the logic of tying it to this map to begin with, yes, sir.
Yeah.
Stephanie, would you click over to the zoning map as well?
That way we can see the um if you see the highlight in red, that's the tier B overlay.
And then it's a little hard to see, but Roswell Street has is the only place that has the tier A, and it's highlighted in green that stretches to Cobb Parkway.
So I guess kind of what's the will at this point in time.
I would like to I I know I know you I would like to make a motion to table this for a month and bring it back.
Um I would like to just kind of drive these and take a look and kind of see one what's out there and two what an impact of this would be on those businesses.
Um and for me, I'd like to I'd like more information on stuff from the question I asked earlier as well.
Sure, we'll get all the dimensions on this sons.
Is everyone okay with holding this off a month to allow some additional information?
Okay, I got a thumbs up from Mr.
Addis as well.
Um at this time I'll entertain a motion to table as a heads up that will not require discussion thereafter.
So if you have any other discussion, get it now.
Hold say it now or hold your peace.
Make a motion to table.
Second.
Motion table is properly made and seconded.
This requires no discussion.
Question is immediately called.
All those in favor, please raise your right hand.
The mesh the motion carries 3-0.
This item has been tabled to next JL committee meeting.
Um staff, even you have your you have direction.
Next item of business 2026 0460, revision of the fire prevention protection code, chapter 26 of Marietta Code.
Believe that this was there are kind of two different issues on this one, I believe.
Uh thank you, Mayor Council.
I'm gonna have uh our fire marshal speak.
Uh he's the author of the uh change and the proposed change.
Thank you all, and good evening.
Yes, we do essentially have two changes that we're requesting uh as code amendments this evening.
The first originates uh with the uh January 1st, 2026 adoption when the uh state fire marshal's office and the Department of Community Affairs aligned the codes to adopt a uh a new code set.
Um so that became essentially state fire code, state law uh the first of the year, and our code 26010 adopts that locally because we're a state mandated fire marshal's office.
Um of the changes that we have made in there, as you can see in your red line, um, are really just uh realignment with uh with provisions that um don't align the same way that they used to.
Uh we're taking out the uh uh section two there, the previous uh one twelve, which addressed stop work orders.
That's been addressed completely differently in the 2024 code now as it's amended.
Um and section 11 now is the appeals section.
So you'll see those corrections there as well.
Uh one of the other corrections that we've made in there is to adopt permits.
The state has elected to not adopt the permits chapter um and have left that to the local level to adopt.
Uh now we do have in 26070 a reference to permits that does recruit all of the permit types that are in the fire code, but we thought it'd be a little bit cleaner to just do it this way.
That's part one.
So that's part one of the ordinance.
That's 26010.
Um appendix B.
You can see there we just changed from the 2018 2024 edition.
Uh simple updates.
There are any questions that I can answer on that part.
Just is there any questions?
The deletion of the additional local thing that's that's covered now in the code, so we're good.
All right, so the next thing we're bringing before you this evening is a uh new section to substitute into uh something that's currently reserved in the city fire protection code, section uh 040.
We are proposing to be fire alarm systems.
Um Georgia does have the fire code.
We also have the uh Georgia fire alarm code that are already adopted as state law and trickle down through um what we just previously talked about.
But there are a few sections in there that don't address um some pretty critical issues that we find operationally uh all the time.
So we'd like to propose uh just some definitions in there.
I will have questions, but I'll allow the um not to have questions first.
Sure.
Um committee council.
Um for uh alarm system that's not electronically monitored, is that apply is this new stuff apply to that?
So it does.
It uh we assume that they are electronically monitored, and the definition for central station service um really goes in detail of what that monitoring is capable of and what they're responsible for.
There are some old build there's some other buildings though that might not have the central that electronic monitoring of the system.
That's correct.
So that wouldn't apply to those kinds of buildings basically.
That would be a local alarm that would rely on somebody to actually dial 911 on their behalf.
I have a question.
Um you can start you can start yours.
So does this supply to residents or is this commercial?
So the fire code intends for it to be excuse me, uh intends for it to be commercial.
Um during construction, we can implement res uh some residential requirements like our sprinkler ordinance, for example.
Once we issue a certificate of occupancy, the fire marshal's office doesn't have authority to go back into your house and inspect.
Now that changes a little bit when you invite us over to your house.
Um if you have a system in your house that calls 911 or a central station service on your behalf and invites us over there, then you know we still have an obligation to go.
We can't assume that the building's not on fire.
So anytime there's a fire alarm, we are always going to go.
Um that's our obligation to to the city to protect um everybody and their property.
So what we do like to have is the systems that are installed in these places working as well as they possibly can, so that we can conserve resources um for other calls that may be pending in that area.
I don't know if it's something that the city needs to address, I know, but I had a problem with my fire alarms.
Oh sprinkler system.
Yes, and it was uh very difficult to find somebody to work on it.
And the people that were in the fire protection service said that it was on the supply to the fire alarm system and they didn't want to touch it.
And then the regular plumbers said it goes to the fire alarm system, and they didn't want to touch it.
And I got a whole list from the fire department called the ball and and got that similar answer to all of them.
And I've heard and I won't say who it was, but some of people in my neighborhood, because I posted on our Facebook page to see if anybody else was had had problems and people were talking about you know cutting it off their fire sprinkler system because they can't get somebody to work on it.
But that's an issue, I think that's gonna as we develop more neighborhoods and require to have fire sprinkler and fire alarms is you know, to have people that will work on them because the people that were installed them were no longer working for the same companies, is what I found.
And so they didn't want to touch it either.
Yeah, I'd be happy to help you separately if you're having difficulty finding somebody to do work.
I've got it fixed now, but I just said that's a problem I see down the road with uh with those systems and residential communities.
Sure.
Are there any other questions?
I just have a question just because it's not in here.
Um what is the penalty?
It says under um B of the section in red.
It says upon the fire department deploying resources to respond to more than three false alarms within a rolling six-month period, the owner may be subject to penalties.
Yes, ma'am.
All of the uh penalties in the fire code roll back to uh section zero eight zero, which makes it a local ordinance violation, basically uh subject to uh $500 fine and/or six months of confinement.
Okay.
Okay.
And that's after three in six months.
After three and six months.
And false alarms are anything that are not based on an actual situation.
So that's that somebody pulling that um so a malicious false alarm we would likely handle uh differently.
Certainly, okay.
So we would uh actually investigate a malicious false alarm on the spot and uh in all likelihood charge them under the criminal code.
Okay, now does that say that in here?
It does not.
Yeah.
Okay, because it does say a false alarm refers to an unwanted alarm, means any alarm that occurs that is not the result of a potentially hazardous condition.
So then I think maybe we should add in the malicious one.
Okay.
Because that kind of takes it up a different step.
Well my next question might have an effect on that too.
Okay.
Well, that was my questions for now, so we'll go that way.
Okay.
Well with regard to fire alarms, you pointed to there being a code that's already in place in the fit on the state level.
161027.
Right.
And it reads the fire department a person who transmits in any manner to the fire department public or private or to any other group which is organized for the purpose of preventing or controlling fires, a false report of a fire, knowing at the time there's no reasonable ground for believing that such fire exists is guilty of a misdemeanor.
It doesn't have an additional local grant of authority on that one.
And within the code within the code.
And usually that means if there's already state law on it, they've taken it over and preempted us.
So uh interpreted to be the intentional false alarm this goes either in this doesn't have intent in there, it just says transmitting it.
Okay.
So it um I'd be a little on the stuff on the stuff that kind of comes afterward.
The first half of the thing that deals with the fire code.
Okay, moving on.
The next half I'd prefer to ask for a table kind of to allow you to see if we have the make sure we're not bumping up against state law that might be preempting us on some of the stuff.
But you can make it stricter in state law.
It depends the on certain criminal codes.
There are certain there are certain grants of authority that makes me happy.
Yes.
I mean it didn't borrow anything, but you can make it more restrictive.
Yeah, it just it depends on various that allow.
It just depends on the grant of authority.
So uh that second half of the ordinance is something I think that probably better to table for next month, allow some review and some qua questions on that to make sure that is something we can do in the first place, and then we'll continue on with the policy discussion after that.
I think does that make sense to everyone?
And Doug, are you okay with doing that legal review on the stuff?
Checking powers, because I know there's another code section side that I don't see another local local grant of authority on that either.
Possibility of preemption, I'll be glad to look at that.
Yeah.
Um with regard to that, is there any further questions on either part of the proposed ordinance and/or is there a motion regarding the ordinance for proposed ordinance change?
So uh should the motion include moving?
I guess the first part of the change to the changes to two to section two six oh one oh would be would be what I would suggest as an emotion.
The for two six oh four oh that should that be coming back to committee next month.
Okay.
At least that's the suggestion suggestion I would make.
I make a motion to approve the language amended in fire prevention and protection code 2-6-010 to be in line with the new changes.
And then direct staff to bring up bring uh direct city attorney to have to bring up the other one with the quite the legal question next month.
I was gonna do that separately and direct staff to come back with questions of preemption and others regarding the other code section.
There's been a motion second.
Um the motion would move forward the two uh two six oh one-o part, the two six oh four oh part would be direct uh direction to staff to bring this back up at the next judicial legislative with the taking a look at the preemption concerns on that.
Um and see where authority is on that, and then we'll begin the policy discussion.
So that is my understanding of the motion.
Is there any further discussion on this item?
Hearing none, all in favor, please raise your right hand.
The motion carries three.
Oh is this a is this ripe for consent?
No.
No.
Okay.
I mean to divide it, I think you ought to send both of them to be looked at.
I mean I I just posed.
I mean, the ordinance makes more sense if you do it together as far as I'm concerned.
Okay.
Current recommended approval non-con, but it's not on consent.
Okay.
Thank you.
Item 20260328, 2026 rules and procedure of council.
Um this was uh this was brought back up in my request.
Uh just want to check to make sure any other changes people are thinking of for this particular one.
I have not seen any.
Ask the attorney to take a city attorney to take a look through, make sure there are no more conflicts or scriptures errors and out and he did not see any.
Um is there anything else regarding this, or does this item is this item right to die uh die and just we'll keep with what we passed in March?
If there's no action, the previous action stands in place hearing no discussion and hearing no mo no additional motion.
Um no action will be taken on 2026.
Rules and procedure 2026 rules and procedure of council, the ones passed in March are the final ones, and those are the ones that are in effect.
Is there anything further to come before the judicial legislative committee?
No, sir.
This committee is adjourned.
All right, I call the uh Economic Community Development Committee.
Umder of business is to uh approve well approve the minutes from March 19th 2026.
So moved.
Second.
It's been moved and properly second.
All in favor, raise your right hand.
Motion passes 3-0.
Um next item of business is uh 2026.
Annual action plan.
2026.
What you have before you is a draft of our annual action plan for our upcoming program year that runs July through June.
For those of you that are new, this is your first time.
We're the city is an entitlement community through the Department of Housing and Urban Development.
We get an annual allotment of CDBG funds, which are community development block grant funds on a formula basis.
They look at our poverty rate and our population, and we get a set number each year.
And all of those funds must go to serving low-income city of Marietta residents.
So this action plan serves as our application per se to HUD every year, and it outlines all of our goals and funding priorities for that specific year, and that has to go through a 30-day public comment period and also comes through the council.
We do have some statutory limitations, such as we can't spend more than 20% on admin and no more than 15% on public services, and you can see that in the recommended budget.
And then for PY26, the remainder of our budget is allocated for our housing rehabilitation program that serves low-income homeowners.
And all the allocations are in the second page of the memo.
Um I ask a quick question regarding the CDEG portion.
Yes, sir.
Um has there been any additional um any changes in the CDBG program that opened up additional things, or we just uh no additional changes in the past year?
No additional changes.
Okay.
Thank you.
I have just a general goal.
What is the HOPWA?
I'm gonna get to that next.
Uh oh, okay.
That is our big change this year.
So in February, we were notified by HUD that we had been selected to be a new entitlement community for HOPWA funds, which means housing opportunities for persons with AIDS.
And this decision is based on the fact that a few years ago HUD changed their formula allocation for this program.
It's been around since the 90s.
And we now have enough cases to qualify for our own entitlement funding amount.
The area they have included in that is Cobb, Cherokee, Bartow, Paulding, and Harrelson counties.
We are the largest entitlement city within that five county MSA.
And therefore, Hopwell regulations say the funds have to be offered to the largest entitlement city.
So the largest one that already gets HUD entitlement funding.
All of these funds have to go towards eligible housing programs and serve low-income clients that already reside within that five county area, and we have to show that they are all being offered services throughout the service area.
We could not just say only in the city or only in Cobb County.
But uh Georgia has not received a new entitlement allocation in over 20 years.
Right now, the other recipients are the city of Atlanta that serves currently 25 counties within their MSA, the state of Georgia, and then there is a small portion in Augusta as well.
So this whole plan goes through it's we're in the 30-day public comment period that ends on May 11th, and there is a public hearing scheduled for Friday, May 1st, and no comments have been received yet, but all comments get incorporated into the plan.
So I I have a question.
So how specifically would these funds be used for is this for rent, for purchase, or it's all for housing services, and right now we kept it pretty broad because it's new and we haven't particularly done a needs assessment of exactly what this five county area needs.
But the main programs are TIBRA, which is tenant-based rental assistance.
That goes in, the lease is in that person's name, and it helps provide a subsidy for 70% of that rent.
It works very similar to a housing voucher, but it's on a 24-month time period, not a forever time period.
There's also short-term rental mortgage utility assistance, which would help prevent someone becoming homeless.
It would help pay for up to 21 weeks of their rent mortgage utilities to prevent them from falling into homelessness.
And then also general supportive services like case management.
It does not cover the medical side, but everyone who gets funding must show that they are partnering with health care providers so that people are getting that shared case management.
But right now we have left it broad.
So basically we have parsed out the admin, the generous three percent admin that the program allows, and then the rest of it would just go to eligible um hopless services.
We do know that we are there is going to be a transition period because there are people already providing these services in our community, and they're getting that money currently from the city of Atlanta because we're in that MSA, and so there will be a transition of project sponsors from them to us if we choose to renew contracts with them.
But we're gonna go through a full needs assessment process, a full kind of evaluation to see what is currently being provided and if those people would be good project sponsors in the future, and it would work pretty similar to our CDBG now, where we would do a competitive request for proposals to get that.
We wouldn't just go choose who receives the funds.
Right.
Um we'll have questions in one second.
Okay, any other questions?
Okay.
Um with the uh HOPWA funds being that it's a five county area and we be the ones managing it.
Are we sufficiently able to manage all that stuff?
Are we ready to be able to do that?
Yeah, we've talked about that, and uh we think that we can do that internally.
And this isn't bringing this is keeping the stuff within the five county area, so this is not just going to be Marietta stuff.
This is decisions being made throughout that entire five county region.
Right, it currently is being done in that five county region.
The difference is that it's being done out of Atlanta.
Um this would bring it a little closer to home and allow us to have more influence on how that money is used, where it's used, what groups are using it.
What are the five counties?
Cobb, Cherokee, Bartow, Paul Ding, and Harrelson.
We do contain the bulk of the AIDS cases in that five county area.
Um, but there's enough in the others to to warrant the need for services there as well.
And guess we're ready to work with those organizations and whatever comes up as we go through whatever pro the bidding process and everything else, basically.
We have a yeah, as was said, we would we would have a transition phase where the individuals that are getting money right now that would continue to get the money until then we started our process for the next funding cycle, and then uh we would do that analysis to figure out who's doing the best job and are there organizations that are getting some of this money that are not doing very well with it.
Um we would have that opportunity to give the money to the ones that will do the most good.
We are not required to continue a contract or do any of that, thankfully, but we do want to do due diligence to make sure that people who are receiving services don't have an abrupt end of services and a loss of housing.
So the TA provider has already set up a group meeting with the city of Atlanta as well as all of their project sponsors, just to let them know that one a transition is happening and to try to you know make that process as smooth as possible.
Okay.
And the decision for the the decision for the new area and so if that was a HUD decision, then that's kind of that's going to keep on going forward essentially.
Yes, as long as we are eligible based on our population size and the number of cases, we will continue to get this funding every year.
It's you'll notice it's a pretty significant amount of funding in comparison to our C D BG funding, and it goes up and down the same way that our formula does every year.
Of course, covers a five-county area versus just the city, so right.
A little bit different on that.
Yeah.
Um previous times of C to BG and now this HOPLA or in the middle of a public comment period.
Is that correct?
That's correct.
By the end by the agenda work session, that will be closed at 5 p.m.
that day.
So this would just need to be moved to agenda work session.
Without recommendation, given the fact that it is in the middle of public comment, correct?
Correct.
I have a question.
So yes, sir.
So will you be taking applications from those, or would that be outsourced to somebody like the Center for Family Resources or some other We would subgrant all of the money out.
We would not run any programming internally, so it would it would be a competitive request for proposal process, just like we do for our public services grants.
And we have talked with HUD about onboarding some new agencies that maybe don't do this specifically right now, but would be potential project sponsors.
Kelsey would be in responsible for the program, and uh she would be putting all the requirements in place through HUD's requirements and uh doing the same thing, the the valuations that occur right now on the C D V G money that we use and that we give out, and then that would come to you and your annual plans.
Okay.
Um other questions.
Would you like a motion, Mr.
Chair?
Yes, sir.
I make a move uh motion to move this forward the agenda work session without recommendation given the public comment period still being open.
Second okay, it's been uh moved in property second.
All in favor motion passes uh 3-0.
Thank you.
No other business to come before economic development committee.
Uh we are adjourned.
Call the public works committee to order.
First item up is the meeting minutes from March 19th, 2026.
Second.
Motion passes 30.
Next item is the 2016 SPLOSS tip summary.
Mr.
Rice.
Uh thank you, Mr.
Chairman.
Uh, no new information on the 2016 SPLOS.
Um, we are still working with the contractor to get a groundbreaking schedule for Rottenwood Creek uh to identify the proper location.
So as soon as we get that nailed down, then we'll get that calendar invite sent out.
So be happy to answer any questions on the 2016.
So we have I have a question.
You have uh over budget, I guess revenues today uh a little over 10,000, 10 million more.
Is that money um gonna be allocated to the any of the other projects, tier two projects, or is that being used for the tier one?
Not on the 2016, all that money's been accounted for.
Uh not on the 2016 SPLOSS, all that money's been accounted for.
You asking on the 2022 SPLOS.
No, 2016.
Dog on it's just because that uh the sheet that you got showing the money shows the original budget at the 56, and then it shows the revenues at 69, but we've reallocated all that money to other projects.
The revenues to date and the year-to-date expenditures balance.
Okay.
So all that money's expended.
Okay.
He tries.
I keep trying.
Any further discussion?
16.
Right, Mr.
Rice, 2022 SPLOSS tip summary.
Updates, um, North Marida Parkway Streetscape project.
We had our uh public input meeting on April 1st.
Uh we had 47 attendees that showed up for the meeting.
We received 22 comments back uh from the people that attended.
10 were in total support, nine had what they classified as conditional support, which means they were for the project, but they wish we would add something or change something along the project.
Nothing major, but they had some little comment that they wish something would change.
One comment was in opposition, and then two were uncommitted.
So uh overall good comments.
We're getting all those typed up, and we'll have it all part of the total package later on.
Franklin Gateway Bridge, that project is still um moving toward construction late summer, early fall.
Um uh Mr.
Chairman, I ask a question on that one.
That one is that just the road there, or is that also pedestrian the pedestrian bridge uh bridges as well?
That will be the bridge, it's not it's not street skate, that's just the bridge replacement on Franklin Gateway.
No, I meant just it's just affected the road portion of it right now, correct?
It it'll be everything, be the pedestrian bridge part of it as well as the road bridge part of it.
Is that what you're asking?
Yes, in that case.
Uh we're to not try and touch a bridge again.
Are we thinking about the length of the length of the sidewalks on the bridge?
So it would be it will likely be a wider sidewalk because of that.
Thank you.
In anticipation of doing a streetscape completing all that later on at some point in the future, but yes, while we're doing it.
Um traffic signal pole replacements on South Marida Parkway at Powder Springs and Waverley Way, those signal poles um were being ordered.
We got the uh price in today, and we're getting those checked off on the engineer design and those POs are gonna be placed here in the next week or so.
And that's all I have on the 2022, unless anyone has any specific questions.
Rice, you said um nine were conditional support.
Can you kind of give me a flavor of what were those items that they want to change on that streetscaping of North Marina?
I have not read the comments, I only heard uh through our consultant what some of those were.
So I don't want to speak out of turn until I get all those that written summary.
So soon as I have that written summary, I'll be happy to share that with Mayor and Council.
So I've had somebody contact me about the New Hope Road, Wiley Road circle.
Yes.
Because of the dangerousness of that intersection right now.
Is there anything that temporarily can be put in place?
Because I understand we're still going for some right-of-way acquisition.
I should mention that we've actually completed right-of-way acquisition.
We're about to move to construction.
Thank you.
Moving on to the April 26th public works department report.
You have the activity report.
Uh the numbers are pretty standard uh for us uh for the month of March.
Um I'll be happy to answer any questions anyone has on the performance report.
General questions, any discussion questions.
All right, hearing none.
Fairground Street.
Yes, sir, Mr.
Chairman.
The uh redevelopment at 86 North Fairground Street, which is at the corner of Fairground and um Lawrence or SK SAKS Fairground LLC.
Uh mouthful.
Um, so we during the plan review process, we requested right-of-way be donated for there's a corner right there at that intersection.
Um actually has a little piece of sidewalk on it, but it shows their property lines intersecting with our right-of-way, so we asked that to be donated back to us.
It consists of 392.33 square feet of ride of way.
What you have before you is that right-of-way donation and a quick claim deed back to the city.
Um, happy to answer any questions.
Otherwise, we'd ask that you accept that donation of right-of-way back to the city.
Do I have a motion?
I have a motion authorizing the Department of Public Works to receive the donation of 392.33 square feet of right-of-way for the PASO located at 86 North Fairground Street for the quick lane D from SAK SS Fairground LLC.
Second.
I have a motion and proper second.
Any discussion?
All in favor.
Passes 30.
Any objection to consent?
No objection.
Objection.
South Avenue speed study.
We received a request for possible speed limit reduction on South Avenue from Roswell Street to Haley Street.
We are proposing conduct a speed study on this section to evaluate vehicle volume speeds and other conditions.
Uh results of this study will determine if speed limit can be reduced.
South Avenue from Roswell to Haley is approximately 1,858 feet in length.
It has a 50-foot right-of-way, does have a current post a speed limit of 30 miles an hour.
This street is located in wards 1A and 5A.
Part of this street is commercially what we consider commercial.
The last part of it is considered residential.
It also has a couple of four-way stops along the intersection.
So I don't know that we're going to see a great uh volume issue or a speed issue, but we need to conduct the speed study and collect the data and see what's going on before we make a formal recommendation to do anything with this state.
So I have a number of questions if I might.
So the first question is as you stated, it's part commercial, part residential.
How do we decide whether or not we can put in speed tables?
Because the top half from Waterman up on one side of the street is all commercial.
But on the other side of the street are two residences, and then a small street with four residents on it that come off of that.
So is that a commercial street or a residential street?
It would be well, first of all, this is not B for traffic calming at this point.
So the speed limit would have to be set to 25 miles an hour for two years before we'd even consider traffic calming.
Um we'd have to come back and look at it again to see if the speed limit lowering has reduced anything to warrant traffic calming.
To answer your question, Waterman would be the break from when I've looked at that.
So Waterman back toward Ross will be considered commercial, Waterman then back over toward Haley would be considered residential.
Even though on the east side of the street, that's residential.
Correct.
But it's more commercial than it is residential.
Got it.
Is there anything that can be done?
I mean, the fact that we're going to lower the speed limit, which has to happen, um, is there anything that can be done?
That doesn't make us have to wait two years to take any action.
Not from a public works perspective.
Okay.
Possible enforcement from the police department, but not from public works.
Okay.
Um the code section does include something that's called variances.
True.
We have can read the mayor council can vary any code, obviously.
Well, but if we were to vary, could we reduce speed limit and take action?
Or are we still limited?
Is that limitation our limitation or GDOT or some other regulatory policy limitation?
And we have never varied that policy to date.
We have stuck to that two-year time period in order to make sure that the speed limit was working or would work without looking at anything else.
The mayor and I have also never agreed, but it's happened.
It could happen one day.
So never is not enough.
Um I'm trying to think because I can't remember, I don't believe there's sidewalk.
There are sidewalks on the south.
Sidewalks below Waterman.
Correct.
I'm trying to think on the part above that.
That's one of the issues is that as people go out and they're walking, and this is kind of the Ward 5 part of it.
Um, but as people are going out and they're walking, there's really they have to walk in the road.
Um I would ask, let us do this speed study and see if the data warrants anything else being done at this point.
Because if if the data is not supporting traffic calming at all, um, I know what the neighbors are saying, obviously, but sometimes we get those requests, and then the data is just not there.
Um I do agree with that, but you're saying we can't do the traffic, we can't do the speed study for two years because we've got to lower the no, no, no, no, we can do the speed study now.
Okay.
We'll do the speed study now at 30 or lower to 25 and speed study.
That's what we're requesting to do that now.
So I can go ahead and get the data and start looking at is there an actual problem?
And if there is an actual problem, then we can decide what needs to be done.
Is it go ahead and lower the speed limit and then go ahead and start looking at traffic calming and trying to decide what we need to do, or just lowering the speed limit and letting it be done.
Okay.
So but I need to see what that data states at.
Thank you.
So Mr.
Russ, according to our policy, if we we can lower the speed limit right now to 25.
And we can start the speed study.
But we have 24 months before, according to our policy, we can actually make some changes.
Oh, but then I'm arguing that conditions could change a lot in 24 months.
Understand, but if if you lower the speed limit and it shows that there need to be speed tables, then we can do the variance and not wait 24 months.
That's correct.
Now I don't know that speed tables, if if traffic calming is a possibility with the two four-way stop intersections and the number of driveways along that corridor that residential.
I don't know that there's enough room to place speed tables.
You've got to have them properly distanced from intersections.
You gotta have them properly placed distance between the driveways.
Then I've got to look at distance between any stormwater inlets.
I've got to look at distance between fire extinguishers or fire hydrants.
So it's a lot of stuff start going into play, and that gets that street gets very crowded very quickly when you start looking at uh a speed table that's 22 foot wide.
So it's a lot of play that gets a lot of things.
I had to start looking at to see okay, where can we fit one in if it's warranted?
And so I might have missed this while I uh no I'm not but isn't part of the reason why you wait a little time.
We'll wait a bit after speed limits drop to make sure that people are used to the new speed so you can get the accurate timing off of that's that's correct.
Not uh because usually when the speed starts dropping, it takes it might take a little bit of time for people to realize the speed's now lower.
You're going to get higher speed, you want to be purposely higher speeds on that, which may not be the realistic conditions post speed drop.
Since since we redid the policy about almost four years ago now, I don't know that we've had a street come back since we've lowered the speed limit.
I mean, I'm not saying that it's not needed, but we've not had any requests back since we've lowered the speed limit.
So all right, but so let me just understand.
Our plan is to do the speed study now, even though the speed's 30.
Correct.
Okay.
And we do that, we do that anyways.
And um whatever the current speed limit is, that's what we do the speed study at.
We gather that data.
We see what's going on.
Okay.
And if it it meets warrants, then we look at it.
Okay.
I just need to be able to answer, so I don't know if you saw the email chain.
Uh I did, and I answered uh the one this morning back.
Yeah, that was my question because I was I thought somebody said you would lower the speed limit and do the speed study, but no.
The motion says to authorize the speed study to determine if we need to lower the speed.
So sometimes we do.
Uh we do them both.
This particular case, the the request wasn't just for traffic calming in particular, it was for us to look at it look at a whole bunch of things.
Look at traffic calming, new sidewalks, uh lowering the speed limit.
Uh, I think there was one more thing on the list.
So it was for us to look at everything uh on that list.
So instead of me taking it to like a triple traffic calming, I want to just do the speed study.
If it warrants lowering the speed limit, then I'll bring that back.
If it doesn't, then we'll we'll deal with whatever else is there.
But I need this particular case and the next one, uh, even though it's more it's a commercial corridor.
Um, then I need I need to take this a little different approach than what I normally but you're right, Mr.
Kent.
Normally the motion would read do the speed study and go ahead and proceed with lowering the speed limit.
But in this particular case, it's a little different.
So we have a motion.
Motion I make a motion to approve the speed study.
Yeah.
Second.
We have a motion to second.
All in favor.
That's three zero.
Next item is the all good road speed study.
Consent.
Does this confirm?
Oh, I'm sorry.
Any objection to consent?
Consent, definitely.
No objection.
All good road speed study.
Similar request we got uh for all good road from uh Saw Your Road to Scuffle Grit Road for us to look at uh lowering the speed limit on that stretch of road.
Uh that stretch is approximately 8,047 feet in length with a 50-foot right-of-way.
It does have a current post-speed limit of 40 miles an hour.
Um is located in ward 6B.
We've request to a speed study to see if it's warranted, if it is warranted to lower to lower the speed limit, and then if it is, and we'll bring that back to you with a recommendation on what that speed limit needs to be.
Okay.
Just one question question of clarification.
So this isn't for traffic calming measures.
This is simply to determine whether or not that speed limit just needs to be reduced.
This road does not qualify for traffic calm.
Okay.
I'll make motion as stated motion authorizing public works to conduct the speed study of all good road from Sawyer Road to Scuff Grit.
Scuffer grid road to determine if the speed limit can be reduced.
Second.
Councilman Sims, you okay with that?
Yes, sir.
I've got a motion to second.
All in favor.
30.
Any objection to consent?
Consent.
No objection.
Mr.
Rice, proposed solid waste ordinance update.
This is a request public works received from a code enforcement to uh alter the language in our solid waste ordinance.
Um code enforcement has had a couple of issues with property owners or tenants or whoever the case may be not wanting to put their roll carts back at the side of their units or putting them at the side of someone else's units or putting them on someone else's property, and then code enforcement uh approached us and said we really don't have clear language in your ordinance for us to enforce.
So we're only looking to amend uh section 5-8-030 number A, which governs residential usage by adding the language there as you see in red stating that um individual non-disposable garbage containers shall be stored or be accessible on the rear or side of each household on the real property of the property owner or account holder, and it goes on uh to talk about and removed curbside by the end of the day of collection and returned to the rear or side of each household on the rear on the real property of the property owner or account holder.
This should give um the language they need to do what they need enforce uh for those problem children that they seem to be having.
May I ask a question, Mr.
Chair?
Yes.
Um for code enforcement trying to enforce this against an account holder.
If they've essentially trespassed on their neighbor's property to put their cart on, because I'm going to guess the neighbor's probably not okay with it in this case, or at least I'm pretty sure I'm aware of at least one case, but that's not been the case.
Right.
The reason this come up has come up is because of those neighbors that are being trans that yeah, they're having problems with their neighbor putting it on their property when they didn't give them the authority and they've actually questioned them about it, told them not to do it, they're still doing it.
Will the code enforcement officer give a ticket to the account holder in this case and not to the neighbor in case it's on the neighbor's property?
So the neighbors not going to get penalized for the bad acts.
I just wanted to make sure that was clear so that no one tries to write a ticket to a neighbor because of the actions of someone else that they either said repeatedly don't do, and then code enforcement comes up and sees and sees an issue.
So that was my one thing.
Because sometimes code can get written, and it's gonna be the it can get on the someone throwing on a neighbor's pro trash on a neighbor's property.
Wasn't the neighbor's fault, but then they're so penalized for it.
Yeah, it's we've got the numbers of each one of those uh roll carts, so it's pretty easy to identify whose it is.
Yeah, each each one of those have individual numbers, and those numbers are scanned into each account so we know exactly what where those carts belong.
Good we have a motion motion uh we do that, Mr.
Chairman.
This does require two week readings.
Yep, since it's an ordinance change.
We would ask if mayor and council is willing to move this forward.
You waive the second reading so this goes into effect as soon as possible.
So do we so do we weigh the second reading in this motion?
Okay, so I make motion authorizing public works to proceed with the update to the solid waste ordinance to include the language concerning the location of roll cards on the residential property as basically stated in read.
Second.
We have a motion to second.
All in favor, three zero consent.
Well, it can't be on consent.
Yeah, um before the next item begins.
I have a disclosure.
Um just disclose that members of my family and or entities owned by myself, remember my family owned properties along Atlanta Street from South Mary to Parkway to squ to the square.
Um whenever I'm voting, whenever the vote comes up on this, or I'm participating in that vote.
Um I'm going to be abstaining from that portion of the item with the Atlanta Street Project.
Mr.
Rice.
Thank you, Mr.
Chairman.
Um, this is the uh proposed 2028 Splost project list.
Um we've conducted three public input meetings over the last month and a half.
Um during those public input meetings, we had approximately 12 residents, citizens show up at all three, total of all three meetings, not all at one meeting.
Um we received total of three written comments uh that were submitted.
You see those two comments uh were in favor of the establishment of silent railroad crossings in the downtown.
One comment was in favor of the establishment of a traffic signal on Whitlock Avenue at Dallas Circle.
Um the other the other uh people that were visiting with us in person or seemed to be all positive about uh the projects that we had on the list.
I want to thank uh Chief Bean, Chief Milligan, and uh Eric Black and my staff for being at all three meetings.
Um they were there and spent their time and answering a lot of questions for those people that did show up and did come out.
Um other than that, this uh as I promised before back in February when this was before the council.
You as mayor and council have May meeting as well as the June meeting.
If you want to tweak or change anything, now would be the time to do that.
Uh the May and June meetings, these will be public hearings to give the public two more final times to have any input uh on this.
At the June meeting, um, I hope to have the county's uh intergovernmental agreement uh that we have to have in place as part of this.
Um spoke to uh Mr.
Wrestler today, and he's waiting that IgA to come back from the county attorney, and he's as soon as he gets that, they're supposed to send it to Mr.
Haney, Mr.
Haney to review once he gets it reviewed, then we'll have it part of the June uh council package.
So that's where we stand.
Uh I'm happy to answer any questions, or if you've got any projects you'd like to discuss or move or change, or what you would like to do at this point.
Could ask one reading in the paper that they might want to add another project.
Are they gonna give something up?
The county um all we've uh gotten on that is that they were gonna give up, I think it's five to eight million dollars in road projects uh that they had as far as road repaving and other things that they could use the state money for, and uh they understood that that would not be enough money to do that additional project, which they wanted to add.
Uh that that project may be 30 to 50 million.
Uh but the so it's kind of seed money.
That's what it was said, yes, sir.
Yeah, I don't think it'll get them much many votes.
Which hurts us, yeah.
That's the problem.
Just Roy Barnes proved it to court system as part of the state, not the county.
I wish they'd take the big old project help.
Mr.
Rice, how many public hearings will we end up having had on this 2028 SPLOS?
We've had three in-house, two jointly with the county, plus our body.
We we will have had a public hearings or public meetings.
Right will have three public input meetings, that's including the one joint one we had with Cobb County, and then two public hearings in front of this body.
So that's five public meetings, if you will.
Then another one next month.
No, no, that's including the one the two public hearings five total.
That's a lot of public meetings, a lot of opportunity to weigh in.
I'd just like to thank you and your staff uh for responsiveness.
Lots of emails you responded to that the general public is not aware of exemplary effort.
Thank you.
Do I have a motion?
I know do we need one?
Just to move it forward to the agenda.
Make a motion to move it forward to agenda work session or two council.
Council meeting.
Second, so motion to second.
All in favor, passes three zero.
It's public hearing.
That's uh objection to consent.
No public hearing.
Okay, public hearing, excuse me.
Adjourn the public works committee.
All right, I'd like to call to order public safety committee.
Um Jason, are you still with us?
No, I don't think he is based upon the all right.
Well first call business is review and approval of the December 19th uh meeting minutes.
Motion to approve.
Can I second it?
Yes, second.
Oh, so that means he dropped it off.
All in favor?
All right.
Two oh one.
Two oh two oh.
No, he's not here.
He's not here, so he doesn't count towards the votes.
He's just absent.
Uh two oh two six oh four seven to mutual aid and assistance agreement.
Yes, sir.
This is a uh request to execute the mutual aid and assistant agreement that you all have before you.
This came from Cobb County to Marietta as well as all to all the other cities in Cobb that have uh police departments.
Uh basically all it does is take the state mutual aid law and incorporates it into an agreement between the county and the cities.
Um I've read this over as has the city attorney.
I don't see any issues with it.
It's pretty standard.
Um it's basically the same thing we're doing now.
So uh so it's before you for approval.
And if approved, the mayor will sign it, I'll sign it, and the city attorney will sign it, and we'll send it back to Cobb County.
Um the uh with regards to the who we're gonna fill in on page two.
Is that going to be you, Chief?
Okay.
It will say chief of police.
It won't have my name, but just the title.
That makes sense.
The only other question is one more so to Bill and Doug.
Um this uh the this agreement, it doesn't affect our 489 or SDS agreement in any way, correct?
No, sir, it's outside of that document.
Okay.
And it's the way we've been operating for decades.
That was my question.
Anybody else?
That being said, I'll entertain a motion.
Okay.
Um I'll make a mo s I'm motion to approve the execution of the police services uh mutual aid and assistance agreement between Cobb County and the City of Marietta.
Second.
Um call the question.
Question?
No, call the qu you can call the question.
Okay.
Which is the vote?
What you can call the question, which is the vote.
Yeah.
Oh yeah.
In favor.
Yep.
All in favor, raise your hand.
And okay.
No objection.
Any objection to consent?
No objection.
Any other questions?
If not, we're adjourned.
Well done.
Good.
Well, share reconvenes her committee or our call to speech.
We have anything else for executive session.
No, sir.
No, sir.
You might I was gonna suggest if we did, wouldn't you be part of the bigger one?
Yeah, that one.
Yeah, because it we'd have to go in and out.
Yes.
You want to call yours?
Yes.
Reconvene yours.
I call to order, I reconvene the personnel insurance committee.
Um, and I make a motion to go into executive session personnel issues.
Yes, ma'am.
And I'll second um, but this is allowable exceptions.
The open meetings rule, so we'll go to an executive session for this particular discussion.
Yes, sir.
It is.
Thank you.
Are you on my committee?
Yes.
I am the member, Daniel Gaddis is the vice chair.
Um I second it, so he seconded.
All in favor.
All right.
Let's get on the back site.
You find food.
I'm starving.
You're gonna go in the back.
Yeah, whichever the chair prefers.
I don't I think we need to wait for the systems on.
Okay.
Motion to come out of executive session.
Second.
Got a motion and a second.
All in favor.
All right, we are out of executive session.
Do I have a motion for the appointment to the I believe my motion is still on the floor?
And I seconded it earlier.
All right.
So your motion was the Fran Sutton for the first time.
All right.
We've got uh three.
Oh, is this good for consent?
Consent all the way around.
All right.
With that, personnel stands adjourned.
March nineteenth, two thousand twenty-six meet.
All those in favor, please lay your name.
Motion came.
No need, sir.
I'm hungry.
Marietta City Council Committee Meetings Summary – April 28, 2026
This meeting of the Marietta City Council included multiple committee meetings: Finance, Personnel, Parks & Recreation, Judicial & Legislative, Economic & Community Development, Public Works, and Public Safety. Major actions included approval of budget amendments, estimated millage rates, several land use items, updates to the fire code, a new short-term rental discussion, and approval of the 2028 SPLOST project list.
Consent Calendar
- Approval of minutes from March 19, 2026, for all committees (Finance, Personnel, Parks & Rec, Judicial/Legislative, Economic Development, Public Works, Public Safety).
- Parking reparation facilities budget amendment (receive and file, motion carried 3-0).
- Parks recreation facilities budget amendment ($2,750 special event sponsorship, $2,401.33 summer camp funding, $10,877.47 Elizabeth Porter Park reimbursement; motion carried 3-0).
- Approval of estimated general fund millage rate of 2.788 mills (fiscal year 2027) for pre-certification (motion carried 7-0).
- Approval of estimated Marietta City Schools O&M millage rate of 17.97 mills (motion carried 7-0).
- Reappointment of Bobby Van Buren to the Board of Zoning Appeals (Ward 6, three-year term).
- Appointment of Fran Sutton to the Marietta Development Authority (four-year term).
- 2009 Parks Bond Report (informational).
- Recreation facilities quarterly report (informational, Custer Park revenue up 11%).
- Land and Water Conservation Fund affidavit for Larry Sabinsky Park closeout.
- Installation of FIFA World Cup light post banners (June 8–July 16, 2026).
- Approval of detailed plans for Cold Farm Powder Springs Road (43 homes) and Hope Creek (76 homes) moved to agenda work session.
- Approval of bond schedule modifications (base fine increased from $110 to $125, eliminating driver history review; staff to report back after six months).
- Approval of fire prevention code update (Section 26-010 to align with 2024 state code).
- Introduction of solid waste ordinance update (requiring roll carts be stored on owner's property; waived second reading).
- Approval of South Avenue and Allgood Road speed studies.
- Execution of mutual aid and assistance agreement between Cobb County and City of Marietta for police services.
Public Comments & Testimony
- No public comments were heard during any of the committee meetings. During the 2028 SPLOST public input period, only 12 residents attended three meetings and three written comments were received (two favoring silent railroad crossings, one favoring a traffic signal at Whitlock/Dallas Circle).
Discussion Items
- Finance (General Fund Millage & Homestead Exemption): Council discussed the pre-certification estimated millage rate (2.788 mills) and the city's long-standing homestead exemption freeze since 2002. Councilman Sims noted that the city's freeze is more favorable than the new state law, which may require annual opt-out. Staff will provide further clarification.
- Personnel – Marietta Development Authority Appointment: The authority has one open seat. Councilman Gaddis recommended Fran Sutton, but the committee recessed for executive session to discuss personnel. After executive session, the appointment was approved.
- Parks & Rec – Life University Trail MOU: A memorandum of understanding to renew a trail connecting Wildwood Park to A.L. Burrus Nature Park was discussed. The proposal includes installing a gate at the Burrus parking lot. Councilman Sims raised liability concerns regarding damage by Life University. Staff will work with the city attorney to add language ensuring the city can pursue claims for negligent damage. The MOU was approved as verbally amended.
- Judicial & Legislative – Short-Term Rental Regulations: Staff presented research on how 20 other communities regulate short-term rentals. Councilman Richardson expressed concern about unregulated rentals causing neighborhood disruptions. Consensus leaned toward requiring a business license and local agent. Staff will bring back a draft ordinance for the next committee meeting.
- Judicial & Legislative – Fire Code Amendment (Alarm Systems): The fire marshal proposed a new section (26-040) regulating fire alarm systems. Councilman Sands raised concerns about potential preemption by state law. The committee voted to table this section for legal review while approving the rest of the code update.
- Judicial & Legislative – Residential Tree Permitting: Councilman Gaddis presented research and concluded that no policy change is warranted at this time. He noted that current regulations are strong and that homeowners insurance companies, not owners, are often the driver of tree removal. No action taken.
- Judicial & Legislative – North Marietta Parkway Sign Height: Councilman Gaddis proposed reducing maximum sign height from 15 to 8 feet and sign face from 90 to 60 square feet along North Marietta Parkway. The item was tabled for one month to gather more information on existing signs and impacts.
- Economic Development – HOPWA Funds: The city has been selected as a new entitlement community for Housing Opportunities for Persons with AIDS (HOPWA) funds, covering a five-county area (Cobb, Cherokee, Bartow, Paulding, Haralson). Staff will subgrant the funds through a competitive RFP. The annual action plan is in a 30-day public comment period; moved to agenda work session without recommendation.
- Public Works – 2028 SPLOST Project List: Staff reported on three public input meetings. The list includes projects approved earlier. Two additional public hearings will be held in May and June. The list was moved forward for adoption.
Key Outcomes
- Budget & Finance: Both the city and school board estimated millage rates were pre-certified (7-0). Budget amendments for parks and parking were approved (3-0).
- Personnel Appointments: Fran Sutton appointed to MDA (4-year term) and Bobby Van Buren reappointed to BZA (3-year term).
- Parks & Rec: Life University Trail MOU approved as amended. FIFA World Cup banners approved. Land & Water Conservation Fund affidavit approved.
- Land Use: Two detailed plans (Cold Farm and Hope Creek) moved to agenda work session.
- Code Amendments: Bond schedule modification approved, fire code (Section 26-010) approved. Fire alarm section tabled for legal review. Solid waste ordinance update approved with second reading waived.
- Speed Studies: Both South Avenue and Allgood Road speed studies approved.
- Mutual Aid: Police mutual aid agreement with Cobb County approved.
- Next Steps: Staff to bring back short-term rental ordinance draft (May committee), report on bond schedule results (November/December), provide legal review on fire alarm preemption (next committee), and bring additional sign data for North Marietta Parkway (next committee).
Meeting Transcript
This is a special call. Finance first. Carlisle's the one that's got the authority there. I'm trying to get my papers in order. Carlisle. Finance first. Carlisle's the one that's got the authority there. I'd like to call the order finance committee meeting the first order. Carlisle's the one that's got the authority there. I'm trying to get my paper present order here. Like to call the order finance committee meeting the first order. Finance first. Carlisle's the one that's got the authority there. I'm trying to get my paper present over here. Like to call the order finance committee meeting the first order. I don't finance first. If I finance first. Carlisle's the one that's got the authority there. I'm trying to get my paper present over here. Like to call the order finance committee meeting the first order. That'll present. If I finance first. Carlisle's the one that's got the authority there. No. I'm trying to get my paper. Present over here. Like to call the order finance committee meeting the first order. That'll present. Finance first. Here it is. Carlisle's the one that's got the authority there. No. I'm trying to get my paper present over. Okay. Like to call the order finance committee meeting the first order. That'll present. Finance first. Here it is. Carlisle's the one that's got the authority there. I'm trying to get my paper. Present over here. Like to call the order finance committee meeting the first order. That'll present. Carlisle's the one that's got the authority there. I'm trying to get my paper shit. Present over here. Like to call the order finance committee meeting the first order. Finance first. We are ninety eight hours. Carlisle's the one that's got the authority there.
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