On the agenda: Avondale Estates meeting — Flock Safety (Aug 26)

BOARD OF MAYOR AND COMMISSIONERS
WORK SESSION MEETING
21 N. AVONDALE PLAZA
AVONDALE ESTATES, GA 30002

https://zoom.us/j/96732742618
AUGUST 26, 2026, FOLLOWING REGULAR MEETING
1. Meeting Called To Order
2. Adoption Of The Meeting Agenda
3. Continued Discussion Of An Amendment To The Golf Cart Ordinance To Allow A Crossing
From South Avondale To Pine Street
Documents:
PERSONAL TRANSPORTATION VEHICLES ORDINANCE EDITS DRAFT 8-726.PDF
4. Review Of An Easement Agreement With Maple 278 Ventures, LLC For Temporary
Construction Staging And Landscaping In The Alley At 102 Olive Street
Documents:
EASEMENT AGREEMENT BETWEEN MAPLE AND CITY. TEMPORARY
STAGING AND LANDSCAPING - APPROVED AS TO FORM.PDF
5. Presentation By Chief Hess On Avondale Estates Flock Security Program
Documents:
BOMC FLOCK V3.PDF
6. DeKalb Municipal Association Annexation Exercise Discussion
Documents:
DRAFT ANNEXATION MAP.PDF
7. Public Comment
8. Adjournment

Public comments at work sessions are held at the end of the meeting and must relate to items on
that meeting’s agenda. Each speaker may speak once for up to three minutes, and only during the
designated public comment period. Any questions should be submitted in writing for response.

Public comments at work sessions are held at the end of the meeting and must relate to items on
that meeting’s agenda. Each speaker may speak once for up to three minutes, and only during the
designated public comment period. Any questions should be submitted in writing for response.

ORDINANCE NO. 12-1 O
AN ORDINANCE TO AMEND CHAPTER 18 OF THE CODE OF
ORDINANCES OF THE CITY OF AVONDALE ESTATES RELATING
TO TRAFFIC AND VEHICLES; TO PROVIDE FOR THE USE OF
MOTORIZED CARTS, PERSONAL TRANSPORTATION AND LOW
SPEED VEHICLES ON CERTAIN DESIGNATED PUBLIC ROADS,TO
DESIGNATE PUBLIC ROADS TO BE USED BY SUCH MOTOR
VEHICLES; TO PROVIDE FOR REGISTRATION REQUIREMENTS;
TO PROVIDE FOR LICENSING REQUIREMENTS; TO PROVIDE FOR
RULES OF OPERATION; TO PROVIDE DEFINITIONS; TO PROVIDE
FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE; TO
REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
WHEREAS, the City of Avondale Estates is charged with ensuring the
safety, health and welfare of the citizens of the City; and
WHEREAS, the City of Avondale Estates has heretofore adopted an ordinance for
Traffic and Vehicles, as set forth in Chapter 18 of the Code of the
City of Avondale Estates (the "Code"); and
WHEREAS, the Board of Mayor and Commissioners of the City of Avondale
Estates, in an effort to improve the air quality in tlie City as well as
conserve energy and enhance the sustainability and safety of the
citizens of the City desire to authorize the use of motorized carts,
personal transportation, low speed and other vehicles for use on City
streets; and
WHEREAS, the Board of Mayor and Commissioners also desire to amend Chapter
18 of the City Code in order to regulate the use of such motorized
carts, personal transportation, low speed and other vehicles within
the limits of the City to ensure safety and proper operation, safe
equipment and compliance with all applicable laws of the City and
the State as to registration and safe driving.
WHEREAS, public safety and State law prohibit the operation of motorized carts,
personal transportation, low speed and other vehicles upon U.S.278
but will allow motorized carts to cross at designated and signed
intersections.

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(b)

Whenever a vehicle is involved in a third violation of this Article within any ten
year period, the motorized cart, personal transportation or low speed vehicle City
registration shall be revoked. The registered owner cannot thereafter register any
motorized cart, personal transportation or low speed vehicle for use in the City for
a period of two years following the third conviction. Additionally, such person shall
be prohibited from operating a motorized cart, personal transportation or low speed
vehicle on the public roads for a period of two years.

(c)

Any violation by an operator of a low speed vehicle shall be charged against the
operator according to the provisions of Title 40 of the Official Code of Georgia and
this Code.

(d)

Any violation by an operator of a personal transportation vehicle or other motor
vehicle may be charged against the operator according to this Code or according to
the provisions of Title 40 of the Official Code of Georgia.

SECTION TWO
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION THREE
If any section, clause, sentence or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
effect the validity of the remaining portions of this ordinance.
SECTION FOUR
This ordinance shall become effective immediately upon its adoption by the Board of
Mayor and Commissioners.

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1ST READING:
2ND READING:
3RD READING:

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10/22/12
11/12/12
12/17/12

NOW THEREFORE, The Board of Mayor and Commissioners of the City of
Avondale Estates hereby ordain as follows:

Chapter 18, Traffic and Vehicles, of the Municipal Code of the City of Avondale Estates
is amended by adding a new Article, to be numbered Article VII, to read as follows:
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Article VII: Motorized Carts, Personal Transportation, Low Speed and Other
Vehicles
Sec. 18-181. Findings and Intent.

This ordinance is adopted to address the interest of public safety. Motorized carts, personal
transportation, low speed and other similar vehicles are not designed or manufactured to
be used on public highways, streets and roads, (hereafter "public roads") and the City of
Avondale Estates in no way advocates their operation on the public roads within its
jurisdiction. Adoption of this ordinance is not to be relied upon as a determination by the
City of Avondale Estates that operation of motorized carts, personal transportation, lowspeed and other similar vehicles on public roads is safe or advisable if done in accordance
with this Article. By regulating such operation the City is merely addressing safety issues.
All persons who operate or ride in motorized carts, personal transportation, low speed and
other similar vehicles on public roads do so with their own judgment and at their own risk,
and must be observant of, and attentive to the safety of themselves and others, including
their passengers, other motorists, bicyclists, and pedestrians. Notwithstanding any law to
the contrary, the City of Avondale Estates has no liability in negligence, nuisance or under
any other cause of action for losses resulting from the use of motorized carts, personal
transportation, low speed and similar vehicles on roads, sidewalks, rights-of-way or other
public property under this Article. Any person who operates motorized carts, personal
transportation, low speed and other similar vehicles is responsible for procuring
appropriate insurance as may be required by any State of Georgia law or this Chapter as a
condition of operating motorized carts, personal transportation, low-speed and other
similar vehicles on the roads of the City of Avondale Estates.
Sec. 18-182. Definitions.

The following words and phrases when used in this Article shall have the definitions
respectively ascribed to them in this Article.
All-Terrain Vehicle means any motorized vehicle designed for off-road use which is
equipped with three or more low pressure tires and with a seat to be straddled by the
operator and with handlebars for steering control. All-Terrain Vehicles are prohibited by
Section 18-173.
Bicycle means every device propelled by human power upon which any person may ride,
having only two wheels which are in tandem and either of which is more than 13 inches in
diameter.

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Dealer means a person engaged in the business of buying, selling, or exchanging vehicles
who has an established place of business in this state.
Electric personal assistive mobility device (EPAMD) means a self-balancing, two
nontandem wheeled device designed to transport only one person and having an electric
propulsion system with average power of 750 watts (1 horsepower) and a maximum speed
of less than 20 miles per hour on a paved level surface when powered solely by such
propulsion system.
Gross Weight means the unladen weight of the vehicle plus the weight of any load thereon.
Low-Speed Vehicle (LSV) means any four-wheeled electric vehicle whose top speed
attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per
hour on a paved level surface and which is manufactured in compliance with those federal
motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section
571.500 and in effect on January 1, 2001.
Moped means a motor driven cycle equipped with two or three wheels, with or without foot
pedals to permit muscular propulsion, and an independent power source providing a
maximum of two brake horsepower. If a combustion engine is used, the maximum piston
or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the
number of chambers in such power source. The power source shall be capable of propdling
the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per
hour) on level road surface and shall be equipped with a power drive system that functions
directly or automatically only, not requiring clutching or shifting by the operator after the
drive system is engaged.
Motorized Cart (MC) means every motor vehicle having no less than three wheels and an
unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles
per hour. All-Terrain Vehicles are prohibited by Section 18-173.
Motor Vehicle means every vehicle which is self-propelled other than an electric personal
assistive mobility device (EPAMD).
Pedestrian means any person afoot.

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Personal Transportation Vehicle (PTV) means any motor vehicle with a minimum of four
wheels, capable of a maximum level ground speed of less than 20 miles per hour with a
maximum gross vehicle unladen or empty weight of 1,375 pounds and capable of
transporting not more than eight persons. The term does not include mobility aids,
including power wheelchairs and scooters, which can be used indoors and outdoors for the
express purpose of enabling mobility for a person with a disability. The term also does not
include any all-terrain vehicle.
Public Road means the entire width between the boundary lines of every right-of-way or
place open to the use of the public for purposes of vehicular travel within the boundaries
of the City of Avondale Estates, including streets and alleys.
Sidewalk means that portion of public property of a street between the curb lines, or the
lateral lines of a railway, and the adjacent property lines, intended for use only by
pedestrians.
Unladen Weight means the weight of a vehicle without load as per the manufacturer's
specifications for such vehicle.
Valid Motor Vehicle Driver's License means any current and valid certificate issued by the
State, other state of the United States of America, or international agency which permits
persons to operate motor vehicles on the public roads of the State.
Vehicle means every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices used exclusively upon stationary
rails or tracks.
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Sec. 18-183. Nomenclature.
Any personal transportation vehicle, as defined by this Chapter, which also qualifies as a
motorized cart, as defined by this Chapter, shall only be considered a motorized cart under
this Chapter and be subject only to the requirements, including registration, equipment, and
inspections for motorized carts under this Chapter.
Sec. 18-184. Motorized Cart, Personal Transportation and Low Speed Vehicle
Registration.
(a)

A one-time fee of $10.00 to register each and every motorized cart, personal
transportation and low speed vehicle for use on public roads will be charged by the
City of Avondale Estates to cover the costs of implementing and maintaining this
Article. It shall be the duty of every owner of a motorized cart, personal
transportation and low speed vehicle that is operated on public roads in the
jurisdiction of the City of Avondale Estates to register the motorized cart, personal
transportation and low speed vehicle with the City within ten (10)

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business days of the date of purchase. The registration form shall be supplied by
the City.
(b)

Registration with the City of Avondale Estates shall include a record of the model,
make, any vehicle identification number or serial number on each motorized cart,
personal transportation and low speed vehicle, the name and address of the owner,
a contact phone number, and any other such information as the City shall require,
all of which shall be maintained by the City Clerk.

(c)

Upon registration with the City of Avondale Estates, a license decal from the City
shall be issued signifying such registration. The decals must be affixed to the rear
of each motorized cart, personal transportation and low speed vehicle in such a
manner as to be visible at all times and shall remain permanently with such
motorized cart, personal transportation and low speed vehicle unless it is sold or
the license is destroyed.

(d)

The failure to have a current registration license decal affixed to a motorized cart,
personal transportation or low speed vehicle for use on a public road in the City of
Avondale Estates shall be a violation of this Article and subject the owner of such
motorized cart to the penalties set forth in Section 1-8.

(e)

If the motorized cart, personal transportation or low speed vehicle for use on public
roads is not registered with the City within ten (10) business days of purchase it
shall be considered unregistered and subject the owner to penalties set forth in
Section 1-8. Furthermore, each motorized cart, personal transportation and low
speed vehicle for use on public roads not registered within ten (10) business days
of purchase shall be assessed a late registration fee of $5.00.

(f)

The decal issued by the City shall be non-transferrable from the motorized cart,
personal transportation or low speed vehicle for which is it was obtained.

(g)

Only those persons 18 years of age and older with a valid vehicle driver's license
may register a motorized cart, personal transportation or low speed vehicle.
Registration may be in one person's name only, and the registration form must be
signed by that person.

(h)

Any owner or operator registering a motorized cart, personal transportation or low
speed vehicle with the City agrees to abide by all of the requirements of State law
and this code. By registering a motorized cart, personal transportation or low speed
vehicle with the City, the owner or operator verifies that the vehicle qualifies to be
classified as such under State law and this code.

(i)

The City Manager may, at his/her discretion waive registration requirements for
special events of a limited duration to which out-of-city residents may bring
motorized carts, personal transportation and low speed vehicles as participants.
Such special events shall last no longer than seven calendar days.

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Commented [SP1]: Should this be 16 years old or
someone with a valid drivers licenses

Sec. 18-185. Motorized Cart, Personal Transportation and Low Speed Vehicle
Equipment and Inspections.
(a) All motorized carts, personal transportation
and low speed vehicles shall have a
'
.
braking system sufficient for the weight and passenger capacity of the vehicle
including a parking brake, a reverse warning device functional at all times when the
directional control is in the reverse position, a main power switch which shall render
the power circuit inoperative when the switch is in the 'off position or the key or
other activating device is removed, such key or other activating device only being
removable in the 'off position, head lamps, reflex reflectors, tail lamps, a horn, a
rearview mirror, safety warning labels, and hip restraints and hand holds. Head
lights and tail lamps must be on at all times.
(b) Any low-speed vehicle being operated on the highways of the State, including
public City roads, shall display an amber strobe light which shall be visible under
normal atmospheric conditions from a distance of 500 feet from the front and rear
of such vehicle.
(c) All personal transportation and low speed vehicles which do not also qualify as
motorized carts shall comply with all applicable provisions of Article 1, Chapter 8,
Title 40 of the Official Code of Georgia Annotated.
Sec. 18-186. Gasoline-Powered Motorized Carts, Personal Transportation and Low
Speed Vehicles.
(a)

All gasoline-powered motorized carts, personal transportation and low speed
vehicles shall at all times be equipped with an exhaust system in good working
order and in constant operation, meeting the following specifications:

(b)

(1)

The exhaust system shall include the piping leading from the flange of the
exhaust manifold to and including the muffler and exhaust pipes or include
any and all parts specified by the manufacturer.

(2)

The exhaust system in its own shall be securely fastened, including the
consideration of missing or broken brackets or hangers.

(3)

The engine and power mechanism of every gasoline-powered motorized
cart, personal transportation or low speed vehicle shall be so equipped,
adjusted, and tuned, as to prevent the escape of excessive smoke or fumes.

It shall be unlawful for the owner of any gasoline-powered motorized cart, personal
transportation or low speed vehicle to operate or permit the operation of such
gasoline-powered motorized cart, personal transportation or low speed vehicle on
which any device controlling or abating atmospheric conditions, which is placed on
the gasoline-powered motorized cart, personal transportation or low

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.speed vehicle by the manufacturer, to render the device unserviceable by removal,
alteration, or other interference with its operation.
(c)

All gasoline-powered motorized carts, personal transportation and low speed
vehicles shall be maintained in working order and kept in good condition and shall
be subject to inspection by City officials at reasonable times and intervals.

(d)

All gasoline-powered motorized carts, personal transportation and low speed
vehicles shall be maintained in such condition so that they are incapable of
"backfiring", or otherwise operating so as to make loud noises; or create noise as
a result of an operator equipping the gasoline-powered motorized cart, personal
transportation or low speed vehicle with a certain device.

Sec. 18-187. Personal Transportation and Low Speed Vehicle Registration.
(a)

Any personal transportation vehicle which does not also qualify as a motorized cart,
low speed vehicle, or other motor vehicle required to be registered by Georgia law
shall register such motor vehicle with the State of Georgia, as required by law,
before being allowed to operate within the boundaries of the City of Avondale
Estates.

(b)

Only registered personal transportation and low speed vehicles may be operated on
public roads within the boundaries of the City, subject to limitations provided in
this Article.

Sec. 18-188. Motorized Cart, Personal Transportation and Low Speed Vehicle
Operation Regulations.
(a)

Motorized carts, personal transportation and low speed vehicles may only be driven
on designated public roads, in the City.
(1)

The designated public roads shall include all public roads within the
jurisdiction of the City, excluding U.S. 278.

(b)

Motorized carts, personal transportation and low speed vehicles shall not be
operated on sidewalks, in parks,, playgrounds, greenspace, City right-of-way (aside
from public streets), or front yards.

(c)

Motorized carts, personal transportation or low speed vehicles may not cross U.S.
278 or any other street, road or highway which is part of the state highway system,
except that said vehiblesvehicles may cross U.S. 278 at within the designated
crossing between intersection of South Avondale Road crossing over toand Pine
Street on U.S. 278.

(d)

Motorized carts, personal transportation and low speed vehicles may cross streets
and roads which are part of the City of Avondale Estates street system and used by

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other types of vehicles.

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(e)

Motorized cart, personal transportation and low speed vehicle owners shall
maintain their motorized carts, personal transportation and low speed vehicles in a
manner which ensures that an unobstructed view from the driver's seat to the rear
is maintained at all times the motorized cart, personal transportation and low speed
vehicle is in operation on public roads.

(f)

The maximum occupancy of motorized carts, personal transportation and low speed
vehicles traveling on public roads, shall be one person per designated seat.

(g)

All operators of motorized carts, personal transportation and low speed vehicles
shall abide by all traffic regulations applicable to vehicular traffic when using the
designated public roads.

(h)

Any low-speed vehicle being operated on the highways of the state, including
public City roads, shall display an amber strobe light which shall be visible under
normal atmospheric conditions' from a distance of 500 feet from the front and rear
of such vehicle.

(i)

No all-terrain vehicle shall be permitted to operate on any public roads, sidewalks,
rights-of-way or other public property of the City. Violations will be prosecuted
under the Code of Georgia, Title 40, Chapter 7, pertaining to "off-road vehicles".

Sec.

18-189. Motorized Cart, Personal Transportation and Low Speed Vehicle
Operator Licensing Regulations.

Those persons possessing a valid motor vehicle driver's license issued by the state, other
state of the United States of America, or international agency which permits such person
to operate a motor vehicle on the highways of the state may operate and drive motorized
carts, personal transportation and low speed vehicles on designated public roads.
Sec. 18-190. Insurance.
(a)

The owner or operator of a motorized cart is liable for his or her own actions. Any
person who operates or owns a motorized cart is responsible for procuring liability
insurance and verifying coverage in terms enough to cover risk involved in using
such motorized cart on designated public roads.

(b)

The owner or operator of a personal transportation vehicle which does not also
qualify as a motorized cart shall keep proof or evidence of required minimum
insurance coverage in the personal transportation vehicle at all times during the
operation of the motor vehicle as required by state law.

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(c)

The owner or operator of a low speed vehicle shall keep proof or evidence of
required minimum insurance coverage in the low speed vehicle at all times during
the operation of the motor vehicle as required by state law.

Sec. 18-191. Hazardous Activities and Special Rules.

(a)

Blocking of public access to any public roads, sidewalks,, rights-of-way or other
public property of the City shall be prohibited, except for permitted events.

(b) \ All operators and passengers of motorized carts, personal transportation and low
speed vehicles, and other motor vehicles shall remain seated at all times during the
operation of motor vehicle.
(c)

Racing in any form shall be prohibited, except for special events approved by the
City.

(d)

Reckless or aggressive driving, or loitering shall be prohibited.

(e)

All laws and ordinances relative to alcohol and its use, including open container laws
which apply to traffic on the streets in the City, shall also apply to drivers and
occupants of motorized carts, personal transportation vehicles and low speed
vehicles.

(f)

The number of occupants in a motorized cart, personal transportation or low speed
vehicle shall be limited to the number of persons for whom the factory seating is
installed and provided.

(g)

All operators and passengers must remain seated at all tjmes during the movement
and/or operation of motorized carts, personal transportation and low speed vehicles.
No parts of the bodies of any operator or passenger shall extend outside the
perimeter of the vehicle while it is being operated.

(h)

No drive� shall operate a motorized cart, personal transportation or low speed
vehicle between lanes of traffic or between adjacent lines of rows of vehicles.

(i)

No motorized cart, personal transportation or low speed vehicle shall be parked on
sidewalks, in parks, in playgrounds, on greenspace, on City right-of-way (except
public roads), in front yards or as determined by the City Manager at any time.

Sec. 18-192. Penalties.

(a)

Any person who violates the terms of this Article shall be cited to appear before the
municipal court or other court of appropriate jurisdiction and, upon conviction,
punished as provided in the Code of Ordinance, City· of Avondale Estates, Georgia.

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Document prepared by and return to:
McClure & Kornheiser, LLC
6400 Powers Ferry Road
Suite 150
Atlanta, GA 30339
Attention: Michael P. Kornheiser, Esq.
Benefits Tax Parcel 15 248 21 010 and adjacent parcel

EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this “Agreement”) is made as of August __, 2026
(the “Effective Date”), by and between CITY OF AVONDALE ESTATES, a Georgia
Municipality (“Grantor”), and MAPLE 278 VENTURES, LLC, a Georgia limited liability
company (“Grantee”).
W I T N E S S E T H:
WHEREAS, Grantee is the owner of that certain tract of land described on Exhibit A
attached hereto and made a part hereof, said property being referred to herein as the “Grantee
Property”; and
WHEREAS, Grantor is the owner of an approximate 10-foot alley existing north of and
adjacent to the Grantee Property, as shown on Exhibit B attached hereto and made a part hereof,
said property being referred to herein as the “Alley Parcel”; and
WHEREAS, the Alley Parcel is not currently used by the public for any transportation
purpose and is not necessary to access any parcel of real property; and
WHEREAS, Grantee wishes to beautify the Alley Parcel with landscaping improvements
and such landscaping improvements would benefit the City and the general public; and
WHEREAS, in connection with the development of the Grantee Property and property
directly to the west of the Grantee Property also owned by Grantee (collectively, the “Entire
Grantee Property”), the City has agreed to grant Grantee a temporary easement to use the Alley

Parcel for staging and construction, together with an easement to landscape the Alley Parcel until
such time as the City decides the Alley Parcel is needed by the City for another purpose.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration in hand paid by each party hereto to the other, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally
bound, do hereby agree as follows:
ARTICLE I
GRANT OF EASEMENTS
Section 1.01. Temporary Staging and Construction Easement. The City hereby grants
to Grantee, its successors and assigns, for the benefit of the Entire Grantee Property, a temporary
easement over, across, through and under the Alley Parcel for the purposes of staging and
construction in connection with the development of the Entire Grantee Property. At such time as
Grantee has completed construction of the Entire Grantee Property, the above easement shall
automatically terminate. At such time as Grantor decides that the Alley Parcel is needed for
another use by Grantor, Grantor shall have the right to terminate this temporary staging and
construction easement upon 30 days written notice to Grantee, in which event this temporary
staging and construction easement shall terminate at such time.
Section 1.02. Landscape Easement. The City hereby grants to Grantee, its successors
and assigns, for the benefit of the Entire Grantee Property, an easement over, across, through and
under the Alley Parcel for the purposes of landscaping such area to the extent desired by Grantee
(it being understood that Grantee is not obligated to landscape the Alley Parcel). At such time as
Grantor decides that the Alley Parcel is needed for another use by Grantor, Grantor shall have the
right to terminate this landscape easement upon 30 days written notice to Grantee, in which event
this landscape easement shall terminate at such time.
ARTICLE II
MISCELLANEOUS PROVISIONS
Section 2.01. Insurance. Grantee agrees to cause every person or entity accessing the
Alley Parcel under the terms of this Agreement to maintain the insurance policies and coverages
reflected by the certificate(s) of insurance attached hereto as Exhibit C or to be working pursuant
to a written construction agreement with an insured entity such that the coverages set forth in
Exhibit C apply, at all times while accessing the Alley Parcel.
Grantee shall cause the Grantor to be named as an additional insured under the policies of insurance
identified on Exhibit C. A certificate of liability insurance in ACORD form 25 (2016/03) (or the
substantial equivalent of such form) and the required policy endorsements evidencing the
foregoing insurance coverage shall be provided to Grantor via e-mail to City Manager Patrick
Bryant prior to any Grantee accessing the Alley Parcel under the terms of this Agreement.
Any costs or expenses associated with adding Grantor as a certificate holder in a general
contractor’s certificate of liability insurance and providing the required additional insured
endorsements naming Grantor as an additional insured shall be borne by Grantee.
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The provisions of this Section 2.01 shall survive the expiration or termination of this Agreement.
Section 2.02. Costs. All costs and expenses incurred by Grantee pursuant to this
Agreement shall be borne by Grantee, but in no event shall such costs or expenses be borne by
Grantor. The provisions of this Section shall survive the expiration or termination of this
Agreement.
Section 2.03. Amendment. The parties hereto agree that this Agreement may only be
amended or modified upon the written consent of the then owners of the Alley Parcel and the
Grantee Property.
Section 2.04. Waiver. It is expressly agreed that no breach of this Agreement shall entitle
any party hereto to cancel, rescind or otherwise terminate this Agreement. No delay or omission
by any party to exercise its rights accruing upon any noncompliance or failure of performance by
any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party
hereto of any of the covenants, conditions or agreements to be performed by any other party shall
not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or
agreements contained herein.
Section 2.05. Severability. If any term, provision, or agreement contained herein or the
application thereof to any person, entity or circumstance shall be held to be invalid, illegal or
unenforceable, the validity of the remaining terms, provisions, or agreements or the application of
such term, provision, or agreement to persons, entities or circumstances other than those to which
it is held invalid or unenforceable shall not be affected thereby.
Section 2.06. Binding Effect; Appurtenance. This Agreement shall be binding upon and
inure to the benefit of the City and Grantee and their respective successors and assigns. This
Agreement shall run with the properties described herein. Each owner shall be released from its
future obligations hereunder following the conveyance of its interest in its respective property.
Section 2.07. Notices. All notices, requests, demands or other communications hereunder
shall be in writing and shall be delivered by personal delivery, overnight mail or delivery service,
email (provided that a copy of any demand notice shall be sent concurrently to the intended
recipient by one of the other methods provided herein), or United States registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Grantor:
City of Avondale Estates
Attn: City Manager
21 N. Avondale Plaza
Avondale Estates, GA 30002
With a copy to:
Wilson Morton & Downs, LLC
Two Decatur TownCenter
125 Clairemont Avenue, Suite 420
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Decatur, Georgia 30030
Attn: Stephen G. Quinn
Email: [email protected]
If to Grantee:
c/o JETHA WAGNER, CAM, CAPS
Vice President
Avila Development, LLC
1010 Huntcliff, Suite 2315
Atlanta, Georgia 30350
Email: [email protected]
With a copy to:
McClure & Kornheiser, LLC
6400 Powers Ferry Road, NW, Suite 150
Atlanta, Georgia 30339
Attn: Michael P. Kornheiser
Email: [email protected]
or to such other address as any party may designate by notice in writing to the other parties. Any
such notice, request, demand or communication shall be deemed to have been given on the date of
sending. The refusal to accept delivery by any party or the inability to deliver any communication
because of a changed address of which no notice has been given in accordance with this Section
shall constitute delivery.
Section 2.08. Entire Agreement. This Agreement and the exhibits attached hereto
contain the entire agreement between the parties hereto with respect to the subject matter hereof.
Section 2.09. Construction. The provisions of this Agreement shall be construed as a
whole according to their common meaning and not strictly for or against any party hereto.
Section 2.10. Governing Law. This Agreement shall be construed in accordance with
the laws of the State of Georgia.
Section 2.11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which, when taken together,
shall constitute one and the same document.
Section 2.12. Authority. Each party warrants and represents to the other that the person
or persons executing this Agreement on behalf of such party is/are authorized to do so.
Section 2.13. No Partnership. Nothing contained in this Agreement shall be construed
to create a partnership between the parties hereto.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

4

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
under seal, as of the Effective Date.

GRANTOR:
Signed, sealed and delivered
in the presence of:
Unofficial Witness

CITY OF AVONDALE ESTATES, GEORGIA,
a Georgia municipal corporation

By:
Name: Jonathan Elmore
Title: Mayor

Notary Public
[NOTARY SEAL]
My Commission Expires:

Approved as to form:

____________________
Stephen G. Quinn, Esq.
City Attorney
[SIGNATURES CONTINUED ON FOLLOWING PAGE]

[SEAL]

GRANTEE:
Signed, sealed and delivered
in the presence of:

MAPLE 278 VENTURES, LLC, a Georgia
limited liability company

Unofficial Witness

By:
Name: Ignacio Diego
Title: Authorized Representative

Notary Public

Attest:
[SEAL]
Name: Jetha Wagner
Title: VP, Authorized Representative

[NOTARY SEAL]
My Commission Expires:

[SEAL]

EXHIBIT A
Grantee Property

EXHIBIT B
THE ALLEY PARCEL

EXHIBIT C
Insurance Requirements

Flock Safety Program
Background, Technology, and Policy

Flock Safety
Flock Safety is a public-safety technology
platform that helps law enforcement
investigate crimes by providing information
captured on their devices associated with
incidents.

Flock Products
• License Plate Readers (LPR) or Automated License Plate
Reader (ALPR) – used by AEPD
• Mobile Security Trailers – not in use by AEPD
• Gunshot and Gunshot Detection – not in use by AEPD
• Drones – not in use by AEPD
• Software solutions – AEPD only uses the LPR software
• Pan Tilt Zoom Video Cameras – not in use by AEPD

Flock Falcon ALPR
The Flock Falcon ALPR system, and its software are the only
solutions the Avondale Estates Police Department uses.
• ALPR cameras capture photos of the rear of vehicles and
their license plates, and record the location, date, and
time the photo was taken.
• If a vehicle's license plate is listed as stolen or linked to
other criminal activity, and wanted or missing persons, an
alert is sent to all AEPD staff who are logged into the app
or website.

Concerns and Questions
• What does the ALPR Detect?
Vehicles and license plates
• What does it not detect?
People, gender, race and
facial recognition
• How many ALPRs does AEPD
have? 10
• What is the Data Retention?
30 days on a rolling basis

• Federal Sharing and Safeguards
Flock does not contract with
Federal Agencies (ICE, DHS)
• Data Resale
Flock does not sell LPR data
• Flock ALPR systems are not
connected to DMV records

What Data is Collect by ALPR
• License Plate Text
• Date and Time image
captured
• Camera Location that
captured the image

• Basic vehicle
attributes
• Make
• Model
• Color

Flock Does Not Track a Vehicle
• The ALPR system does not track a vehicle.
• It is a moment in time at a specific location.
• Once you pass the camera, AEPD and Flock has
no idea what your route is.

GA Task Force on ALPRs
• Senator John Albers is creating a legislative
task force to increase oversight on ALPRs.
• Partners include the Georgia Sherrif ’s
Association and the Georgia Association of
Chiefs of Police.

AEPD Policy on ALPR
Operation
• Used for official law enforcement business.
• Officers must complete training on the system and policy prior to
being issued credentials.
Data Retention
• Data is only stored for 30 days on a rolling basis.
• After 30 days, the data cannot be recovered by the agency or
vendor.
Accountability
• Weekly Audits by Chief of Police or Deputy Chief of Police.
• Single-user log-ins

Search Access within Flock
Tier 1 – No Search Access
• Officers (6) and Command Staff (2)
• Command Staff is included for transparency due to
conducting audits
Tier 2 – In-State Searches only
• Sergeants in Uniform Patrol Division (4)
Tier 3 – Full Search Access
• Criminal Investigations Division (2)

Safeguards
• All staff receive training on the system and policies
• Policies are electronically acknowledged and logged
• When conducting searches within the system, officers
must include:
• Case or CAD number the search is associated with
• Criminal offense being investigated

Audits
• Look at frequency a staff member runs a tag
• Ensure vehicle is associated with a case or CAD
number
• Ensure criminal offense being investigated is logged
• Confirm that vehicle is linked to the case or CAD
report

Alerts
• The information sent to officers via an alert, includes photos
of the rear of the vehicle, the license plate, the location, the
date, and timestamps.
• An alert alone is not reason to stop a vehicle.
• Officers must visually verify the plate and the vehicle from the
alert is correct (state of issue, letters and numbers on the
plate, and the vehicle the plate displayed on).
• Officers must verify the “hit” via the in-car computer and/or
DeKalb County Dispatch as valid.

Freedom of Information Act
OCGA 35-1-22

• Captured License Plate Data by a law enforcement agency
shall not be subject to public disclosure. 35-1-22(f)
• Captured license plate data means the global positioning
device coordinates, date and time, photograph, license plate
number, and any other data captured by or derived from
automated license plate recognition system or any other
source. 35-1-22(a)(2)
• We do not release any ALPR data under the Freedom of
Information Act or Open Records.

The Data
• Data collected by the cameras is retained for 30 days
on a rolling basis. OCGA 35-1-22(b)
• After 30 days, all data collected is erased and cannot be
retrieved in anyway
• This information can be accessed by law enforcement
for law enforcement (investigative) purposes only.

Agency Sharing
• Only other law enforcement agencies within Flock
Safety can request access to AEPD’s Flock ALPR
system.
• All requests must be approved by the Chief of Police.

Contract with Flock Safety
• January 2024, the City signed a multi-year contract with
Flock Safety to provide 10 Falcon Automated License
Plate Readers (ALPR) cameras strategically placed
throughout the City.
• The cameras were placed along Hwy 278, within the
residential area, and along surface streets.

Assistance with Cases
Here are a few cases that would still be open without Flock ALPRs. Many
times, the suspects were linked to similar crimes in other judications.

• Two residents who were reported missing were located safely.
One was found in Dawsonville, GA and the other in a small city in
North Carolina wandering in the woods.
• A robbery, where we only had a color and make/model of a vehicle.
AEPD located the vehicle, identified suspects and made an arrest.
• Entering auto suspects vehicles were identified and arrested based
on the flock search of the make and color of a vehicle.
• Theft and damage to property case where we used the residents
ring camera to get a make and model of the vehicle and located
and arrested the suspect.

The City of Avondale Estates Draft Annexation Study

C

A
A

B
B

Parcels

Proposed Annexations
A
B

C
Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri
Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia,
NGCC, © OpenStreetMap contributors, and the GIS User Community