Was calling for executive session legal before vote?

WATCH A VIDEO ACCOMPANYING THIS STORY HERE.

The Rockmart City Council has given their go-ahead with a split vote and one member abstaining for the first liquor store to proceed toward construction, after approving the conditional use request for property behind the Captain D’s just off of Nathan Dean Parkway. However, because of procedural issues that occurred during the meeting, the vote might or might not count.

The request brought forth to the council for property on Etowah Drive for conditional use is set to be purchased by Raceway owner Clint Brock, who was one of two lottery winners for a liquor package sales application in the City of Rockmart. Council members approved of a ordinance governing package sales within city limits earlier this year, following the November 2021 approval of citizens to allow for package sales within city limits during the municipal election.

The May 10, 2022 regular session of the Rockmart City Council was the decision date for the liquor store application, but not without first giving people the right to say their peace about whether or not they agreed with the location during a public hearing.

During the meeting, Mary Miller – who owns the property where her office sits on Etowah Terrace and Coosa Drive – was among those arguing that the liquor store was being put in a bad location that would hurt her property values, and the residents of Ramsey’s Run that will sit not far from the proposed location. One resident of the complex joined in the conversation as well, and complained about the increased crime that is likely to occur because of the liquor store’s proposed location near the complex.

Traffic was another concern, as well as barriers. Those were raised by local attorney Brad McFall, who requested on behalf of stakeholders and residents of the community two items in particular for the council add to the conditional use. First, that an 8-foot fence be installed to add a privacy barrier for Ramsey’s Run residents. Second, McFall requested only having one entrance and exit on Etowah Drive to avoid impeding residents from getting in and out of the complex due to increased traffic around the proposed new construction.

Brock told the council he was happy to abide by any requests they made in giving him the conditional use permit. Instead of a fence, he has already planned to put up a natural barrier to keep the store out of the view of residents. He also confirmed some plans that he has for the future of the store, including that he intends to add a small four-unit commercial complex to additional property he’ll secure to build the store. They will be separate buildings from one another, Brock confirmed, with a large parking lot shared between them to connect Coosa Drive and Etowah Drive.

After hearing out Miller, her husband who owns the driving school next door, the resident and Brock, the council moved onto the regular portion of their meeting.

When they encountered the vote on the agenda for the conditional use permit, Council member Rick Stone requested an executive session be held, which the council voted to go into without providing a purpose. Local governments, boards and nonprofits who are required to hold open meetings under the state’s Open Meetings Act are required to declare why they are going into executive session prior to a vote, and then after they allow the public to return to an open meeting have to vote themselves out of the executive session.

For a full reading of the Open Meetings Act, click here.

Mayor Sherman Ross did note to the public following the council’s executive session that the pause in the meeting was over and that it was due to potential litigation. No council member requested to actually come out of the executive session once they were back and no vote was ever held to leave.

Once back to the agenda, the council voted to approve the conditional use request with Councilmember Stone voting against, and Councilmember Joe Henderson abstaining.

The council also made no declared stipulations or requirements on Brock about roadway access or barriers between him and the Ramsey’s Run complex.

If a complaint is filed following the council meeting about the procedure which was followed to get to the approval of the conditional use permit, then it might invalidate the decision should the Tallapoosa Circuit Superior Court decide to take up the matter, since per the Open Meetings Act they would have jurisdiction to determine any potential wrongdoing.

The council concluded their business on Tuesday night without further comments from any of the council members or any additional remarks about the passage by Mayor Sherman Ross.

Anyone who wishes to hear the full audio recording from the meeting can find it available as an extra subscriber item on KevintheEditor.com.

For now, Brock can move forward with completing purchase of the property.

Check back for any additional updates as they become available.