You are on page 1of 354

February 11, 2014

TAB

REGULAR MEETING - CALL TO ORDER - 9:00 AM

PUBLIC HEARING

Transportation Agency .............................................................................................

County Attorney ........................................................................................................

PUBLIC COMMENT .................................................................................................... 3

CONSENT ...................................................................................................................

TRANSPORTATION AGENCY ................................................................................

PUBLIC SERVICES AGENCY . .................................................................................

BOARD OF COMMISSIONERS .....................................................................................

COMMUNITY DEVELOPMENT
Page 1 of 354

HEARINGS ...........................................................................................................

PUBLIC COMMENT .................................................................................................... 9

APPOINTMENTS ......................................................................................................

10

COMMISSIONERS' PUBLIC ADDRESS ....................................................................

11

RESPONSE TO PUBLIC COMMENT (for information only) ...................................

12

ADJOURN

Page 2 of 354

COBB COUNTY TRANSPORTATION AGENCY PUBLIC HEARING AGENDA COVER REGULAR MEETING OF FEBRUARY 11, 2014
ITEM NO.

Planning 1 To conduct a public hearing prior to employing an independent consultant or consulting firm to secure transportation planning services for development of a Cumberland-Galleria circulator implementation plan, where contract fees may exceed $100,000.00.

Page 3 of 354

Agenda Item Number. 1

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To conduct a public hearing prior to employing an independent consultant or consulting firm to secure transportation planning services for development of a Cumberland-Galleria circulator implementation plan, where contract fees may exceed $100,000.00.

BACKGROUND
The Cumberland-Galleria area is a major employment and residential activity center with significant growth potential. Transportation infrastructure and services are critical for managing traffic congestion and facilitating economic development. In addition to planned and programmed transportation improvements, there is a need to develop a Cumberland-Galleria circulator implementation plan. The Cumberland Community Improvement District (CCID) studied the potential of a circulator system in 2002 and 2007. A new circulator implementation plan builds on prior efforts and recognizes the changing development trends in the area. A circulator will enhance existing transit services and reduce traffic congestion, providing reliable access among offices, shopping, and residences. On January 14, 2014, the Board of Commissioners authorized advertisement for and conduct of a public hearing to secure transportation planning services for development of a CumberlandGalleria circulator implementation plan. The Board also authorized issuance of a Request for Proposals to secure the planning services.

Page 4 of 354

Agenda Item Number. 1

Notice of Public Hearing was advertised in The Marietta Daily Journal on January 24 and 31, 2014, and again on February 7, 2014. This public hearing is being held in accordance with Georgia Laws 1991, Page 4492, as follows: "Before the Commission expends County funds of $100,000.00 or more to employ an independent consultant or consulting firm or to conduct an independent study or survey, it shall hold a public hearing thereon. At least 15 days' notice of the time and place of the hearing shall be published in a newspaper of general circulation in the County."

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners conduct a public hearing prior to employing an independent consultant or consulting firm to secure transportation planning services for development of a Cumberland-Galleria circulator implementation plan, where contract fees may exceed $100,000.00.

ATTACHMENTS
Notice of Public Hearing

Page 5 of 354

NOTICE OF PUBLIC HEARING COBB COUNTY BOARD OF COMMISSIONERS

Notice is hereby given that on February 11, 2014, the Board of Commissioners of Cobb County will conduct a public hearing regarding the employment of an independent consultant to conduct an independent study or survey where fees may exceed $100,000.00 and involve the following: To secure transportation planning services for development of a CumberlandGalleria circulator implementation plan. This public hearing will be held in the 2nd floor Commissioners' Meeting Room, Cobb County Building "A," 100 Cherokee Street, Marietta, Georgia, at 9:00 a.m.

Advertisement dates in the Marietta Daily Journal January 24 January 31 February 7

Page 6 of 354

COBB COUNTY COUNTY ATTORNEY PUBLIC HEARING AGENDA COVER REGULAR MEETING OF FEBRUARY 11, 2014
ITEM NO.

County Attorney 1 To conduct the first public hearing to solicit comments and input on the proposed Rental Motor Vehicle Excise Tax Ordinance; proposed Resolutions creating the Cumberland Special Services District No. I and the Cumberland Special Services District No. II for the provision of local government services and facilities therein; and the proposed amendments to Chapters 1, 2, 6, 22, 54, 78, 102, 106, 114, 122 and 134 of the Official Code of Cobb County, Georgia.

Page 7 of 354

Agenda Item Number. 1

Cobb County County Attorney's Office


Deborah Dance, County Attorney 100 Cherokee Street, Suite 350 Marietta, Georgia 30090-7000 (770) 528-4000 / fax: (770) 528-4010

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Deborah Dance, County Attorney Rob Hosack, Community Development Agency Director This item has been electronically signed by:
Deborah Dance, County Attorney Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To conduct the first public hearing to solicit comments and input on the proposed Rental Motor Vehicle Excise Tax Ordinance; proposed Resolutions creating the Cumberland Special Services District No. I and the Cumberland Special Services District No. II for the provision of local government services and facilities therein; and the proposed amendments to Chapters 1, 2, 6, 22, 54, 78, 102, 106, 114, 122 and 134 of the Official Code of Cobb County, Georgia.

BACKGROUND

The Board of Commissioners has proposed a Rental Motor Vehicle Excise Tax Ordinance to be codified as Article IV of Chapter 114 of the Official Code of Cobb County, Georgia. The proposed ordinance will authorize the assessment and collection of a 3% tax on monthly rental motor vehicle charges to fund the delivery and enhancement of certain specified local government services within the special district created by the proposed ordinance. The Board of Commissioners has proposed the creation of a special district, the Cumberland Special Services District No. I, for the provision within the district of local government services and facilities related thereto. The Board of Commissioners also proposes to assess and collect a fee to fund, wholly or partially, such services and the attendant facilities. To create the proposed district and to authorize the assessment and collection of the aforementioned fee, the Board of Commissioners will consider the approval and adoption of the Resolution Creating the Cumberland Special Services District No. I for such purposes, and also will consider the approval and adoption of an ordinance to amend Chapter 114 of the Official Code of Cobb County, Georgia by codifying the said Resolution as Article V, Cumberland Special Services District No. I, of Chapter 114. Page 8 of 354

Agenda Item Number. 1

The Board of Commissioners has proposed the creation of a second special district, the Cumberland Special Services District No. II, for the provision within the district of local government services and facilities related thereto. The Board of Commissioners proposes to levy and assess a three mil ad valorem tax on property within the district subject to ad valorem taxation to fund, wholly or partially, such services and the attendant facilities. To create the proposed district and to authorize the levy and collection of the aforementioned three mil tax, the Board of Commissioners will consider the approval and adoption of the Resolution Creating the Cumberland Special Services District No. II for such purposes and also will consider the approval and adoption of an ordinance to amend Chapter 114 of the Official Code of Cobb County, Georgia by codifying the said Resolution as Article VI, Cumberland Special Services District No. II, of Chapter 114. Throughout the year, the Board of Commissioners directs the Community Development staff to prepare amendments to the Official Code of Cobb County to address concerns identified during routine community development activities. The Board of Commissioners will consider the approval and adoption of the proposed amendments drafted to address the specified concerns.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners conduct the first public hearing to solicit comments and input on the proposed Rental Motor Vehicle Excise Tax Ordinance; the Resolutions creating the Cumberland Special Services District No. I and the Cumberland Special Services District No. II for the provision of local government services and facilities therein; and the proposed amendments to Chapters 1, 2, 6, 22, 54, 78, 102, 106, 114, 122 and 134 of the Official Code of Cobb County, Georgia. ATTACHMENT Proposed Ordinances, Resolutions and amendments have been provided under separate cover.

Page 9 of 354

PUBLIC COMMENT (BEGINNING OF MEETING) FEBRUARY 11, 2014 Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.

Page 10 of 354

CONSENT AGENDA REGULAR MEETING OF FEBRUARY 11, 2014


ITEM NO.

WATER SYSTEM AGENCY Business Services 1 To approve an agreement with Niagara Conservation Corporation for management of the Multi-Family Ultra High Efficiency Technology Direct Install Program for the Water System, Program No. C0132. Engineering 2 To approve a Design-Build Memorandum of Understanding (MOU) between the Georgia Department of Transportation (GDOT) and Cobb County for the relocation of water, wastewater, and stormwater facilities impacted by Safe Routes to Schools in Cobb County, Georgia, GDOT Project P.I. No. 0010401. To approve an engineering agreement with Walden, Ashworth & Associates, Inc. for design services for FY15 Maintenance Zone 1 & 3 Water Main Replacement Design, Program No. W2284. To approve a construction contract with Tippins Contracting Co., Inc. for the City of Kennesaw Miscellaneous Water Main Replacement, Program No. W2270. To approve an engineering agreement with Prime Engineering Incorporated for design services for FY15 Maintenance Zone 2 Water Main Replacement Design, Program No. W2279. To approve a construction contract with M.V.P. Piping Co., Inc. for Maintenance Zone 3 Sewer Creek Crossing Repairs, Program No. S1087. To approve an engineering agreement with Rindt-McDuff Associates, Inc. for design services for FY15 Maintenance Zone 4 Water Main Replacement Design, Program No. W2274. To approve a Developer Agreement with Acadia Homes and Neighborhoods, LLC, for installation of a 12-inch water main along Spring Hill Parkway, Program No. W1025. Stormwater 9 To approve the purchase of real property and demolition/removal of the house at 5323 Jones Road, Program No. SW1511. TRANSPORTATION AGENCY Administration
Page 11 of 354

10

To approve a Real Property Agreement with the Georgia Department of Transportation for Floyd Road Trail, Phase 2, State P.I. No. 0010727, Cobb County Project No. D11J0. To approve a Real Property Agreement with the Georgia Department of Transportation for Big Shanty Road Sidewalk, State Project No. CSTEE-0010-00(706), State P.I. No. 0010706, Cobb County Project No. D7280. To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on one parcel on Burnt Hickory Road over Mud Creek, Project No. E1010. To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on one parcel on Stout Parkway over Gothards Creek, Project No. E1080. To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on one parcel on Windy Hill Road (West), Project No. E4030. Airport

11

12

13

14

15

To approve Non-Federal Reimbursable Agreement No. AJW-FN-ESA-13-7209 with the U.S. Department of Transportation Federal Aviation Administration to relocate federally owned equipment at Cobb County Airport-McCollum Field from the existing air traffic control tower to the new air traffic control tower. Engineering

16

To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting firms for Task Order Contracts for Professional Services, and authorize issuance of a Request for Proposals to secure these services. To approve a Cobb Framework Agreement with the Town Center Area Community Improvement District for the Town Center/Noonday Creek Trail/Kennesaw State University Bicycle/Pedestrian Connector, State P.I. No. 0012874, Cobb County Project No. TR472. To approve a Project Framework Agreement with the Georgia Department of Transportation for the Town Center/Noonday Creek Trail/Kennesaw State University Bicycle/Pedestrian Connector, State P.I. No. 0012874, Cobb County Project No. TR472. To approve Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., for intersection improvements on Cumberland Parkway at Paces Ferry Road, Cumberland Community Improvement District Project No. CCID-1027, Cobb County Project No. TR461, MIS Contract No. 000508. Transit

17

18

19

20

To adopt a resolution authorizing the submission of an application to the Georgia


Page 12 of 354

Department of Human Services for FY15 Federal Transit Administration Section 5310 Program funding. 21 To adopt a resolution authorizing the submission of a FY14 Section 5337 Grant application (Grant No. GA-54-0002) to the Federal Transit Administration for transit capital projects. To approve a Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority for FY14 Federal Transit Administration Section 5339 Bus and Bus Facilities Capital Assistance Grant funding for Cobb Community Transit. PUBLIC SERVICES AGENCY Elections and Registration 23 To authorize a boundary change to existing precinct Baker 01, Summit Baptist Church, 4310 Moon Station Lane, Acworth GA 30101 by giving a portion of the precinct to existing precinct North Cobb 01, Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144. To authorize a boundary change to precinct Chattahoochee 01 by giving a portion of the precinct to Dobbins 01, International Gospel Outreach Church, 1101 Windy Hill Rd, Smyrna GA 30080 and changing the polling location from Cobb County Chamber of Commerce, 240 Interstate North Pkwy, Atlanta GA 30339 to Cumberland Community Church, 3110 Sports Ave., Smyrna GA 30080. To authorize a boundary change to existing precinct Dobbins 01, currently voting at International Gospel Outreach Church, 1101 Windy Hill Road, Smyrna GA 30080, by receiving a portion of precinct Chattahoochee 01. To authorize a boundary change to existing precinct Kemp 03, Burnt Hickory Baptist Church, 5145 Due West Road, Powder Springs GA 30127, by receiving a portion of precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127. The existing precinct Red Rock 01 will be dissolved. To authorize a boundary change to existing precinct Lost Mountain 03, Boots Ward Recreation Center, 4845 Dallas Hwy, Powder Springs GA 30127, by receiving a portion of precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127. The existing precinct Red Rock 01 will be dissolved. To authorize a boundary change to existing precinct Lewis 01, Lewis Elementary School, 4179 Jim Owens Rd., Kennesaw GA 30152, by giving a portion of the precinct to existing precinct North Cobb 01, Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144.

22

24

25

26

27

28

29 To authorize a boundary change to existing precinct North Cobb 01, currently voting at Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144 by receiving a portion of existing precinct Baker 01, Summit Baptist Church, 4310 Moon
Page 13 of 354

Station Lane, Acworth GA 30101 and a portion of existing precinct Lewis 01, Lewis Elementary School, 4179 Jim Owens Rd., Kennesaw GA 30152. 30 To authorize a boundary change to precinct Oregon 02, currently voting at W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008, by giving a portion to precinct Oregon 04 and by receiving all of precinct Oregon 06. Precinct Oregon 06 will be dissolved. To authorize a boundary change to precinct Oregon 04, currently voting at Hollydale Methodist Church, 2364 Powder Springs Rd, Marietta GA 30064, by receiving a portion of precinct Oregon 02. To authorize a boundary change to existing precinct Oregon 06, Hollydale Baptist Church, 3414 Shadyside Rd, Marietta GA 30008, by combining with precinct Oregon 02, W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008. The existing precinct Oregon 06 will be dissolved and the reconfigured precinct will be called Oregon 02. To authorize a boundary change to existing precinct Pitner 01, Pitner Elementary School, 4575 Wade Green Rd, Acworth GA 30102, by receiving a portion of precinct Wade Green 01. The existing precinct Wade Green 01, Wildwood Baptist Church, 4801 Wade Green Rd, Acworth GA 30102, will be dissolved. To authorize a boundary change to existing precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127, by giving a portion to precinct Kemp 03, Burnt Hickory Baptist Church, 5145 Due West Road, Powder Springs GA 30127, and a portion to precinct Lost Mountain 03, Boots Ward Recreation Center, 4845 Dallas Hwy, Powder Springs GA 30127. The existing precinct Red Rock 01 will be dissolved. To authorize a boundary change to existing precinct Wade Green 01, currently voting at Wildwood Baptist Church, 4801 Wade Green Rd, Acworth GA 30102, by giving a portion to precinct Pitner 01, Pitner Elementary School, 4575 Wade Green Rd, Acworth GA 30102, and a portion to precinct Wade Green 02, Christ Episcopal Church, 1210 Wooten Lake Rd, Kennesaw GA 30144. The existing precinct Wade Green 01 will be dissolved. To authorize a boundary change to precinct Wade Green 02, currently voting at Christ Episcopal Church, 1210 Wooten Lake Rd, Kennesaw GA 30144, by receiving a portion of precinct Wade Green 01. The existing precinct Wade Green 01, currently voting at Wildwood Baptist Church, will be dissolved. Parks, Recreation, and Cultural Affairs 37 To approve a one (1) year extension to the Fellton Property Caretaker Agreement between Cobb County and Ellen Savage which allows Ms. Savage to continue to serve in the capacity of caretaker of the Fellton Property. Senior Services 38 To authorize Cobb Senior Services to collect, appropriate, and disburse revenues
Page 14 of 354

31

32

33

34

35

36

resulting from Senior Citizen Council sponsored programs, events, and activities. 39 To authorize Cobb Senior Services to hold periodic regional community education and outreach programs and to collect, appropriate, and disburse revenues resulting from related programs, events, activities and sponsors. SUPPORT SERVICES AGENCY Property Management 40 To approve a lease with the State Property Commission, and to approve a contract with Albion Scaccia Enterprises, LLC, for design/construction services related to the renovation of 277 Fairground Street, for use by the State of Georgia Department Family and Children Services. To ratify the application for and approve acceptance of revenue from capital credits to be distributed by Cobb Electric Membership Cooperative under the final conditions of class action lawsuit brought in Cobb Superior Court for retirement of excess capital credits belonging to former and current Cobb EMC Members, and to provide for the credit of funds into appropriate County accounts. To authorize relocation of the main hub for voice and data communications for Cobb County facilities located on County Services Parkway from 1755 County Services Parkway to the Department of Transportations Traffic Management Center at 1890 County Services Parkway. To authorize funding for carpet and flooring replacement and additional restoration services at the Windy Hill Community Center. PUBLIC SAFETY AGENCY Administration 44 The Board of Commissioners authorize payment to Metro Atlanta Ambulance Service for certification training of ten paramedic positions. COMMUNITY DEVELOPMENT AGENCY Planning 45 To approve the ranking of the three most qualified firms to develop the Joint Land Use Study for Dobbins Air Reserve Base, City of Marietta, City of Smyrna, and Cobb County from qualified consultants obtained under RFP# 14-5869 and authorize negotiations with the ranked firms. To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.459 acres land use known as 3841 Lake Acworth Drive for the City of Acworth. Business License
Page 15 of 354

41

42

43

46

47

To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on January 23, 2014 by the License Review Board for Calvin Hill. To review, in accordance with the Alcoholic Beverage Ordinance, the attached summary of the Show Cause Hearing conducted on January 23, 2014, by the Cobb County License Review Board for Jaime Magana. To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on January 23, 2014, by the License Review Board for Los Cazadores Mexican Restaurant, Inc., doing business as, Los Cazadores Mexican Restaurant #2, 2731 Sandy Plains Rd., Suite 162, Marietta, Georgia 30066, Antonio Aguirre, licensee.
To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for Volcano USA, Inc., doing business as, Volcano USA, Inc., doing business as, Volcano Sushi, 1720 Mars Hill Rd., Suite 140, Acworth, GA 30101, Xiu Feng Lin, licensee.

48

49

50

51

To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on January 23, 2014 by the License Review Board for Ashley Powell. To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on January 9, 2014 by the License Review Board for Destiny Davis. COUNTY MANAGER

52

53

To authorize the issuance and advertisement for a Request for Proposals for professional services to identify unrealized revenue from various County revenue sources and to identify incorrect or overcharges in the area of telecommunications and utility costs. ECONOMIC DEVELOPMENT

54

To adopt a resolution approving the issuance by the Development Authority of Cobb County of its tax-exempt Industrial Development Revenue Bonds for the purpose of assisting Bake One, Inc. Economic Development CDBG

55

To authorize the allocation of grant funds from the Georgia Department of Human Services (DHS) under the FY14 Community Services Block Grant Program received from the Georgia Department of Human Services. To amend the Cobb County Annual Action Plan for Program Year 2011 to reallocate Emergency Solutions Grant funds from Turner Hill Community Development Corporation to The Center for Family Resources and Hope Atlanta Travelers Aid.
Page 16 of 354

56

FINANCE 57 To adopt a resolution adopting all budget amendments set forth in agenda items on this date. To approve resolutions with the State of Georgia-sponsored Georgia Fund I for the purposes of authorizing updates to the list of Cobb County employees authorized to transact County business for all GaFI accounts and change the bank accounts into which GaFI sends funds for two of the GaFI accounts. DISTRICT ATTORNEY 59 To authorize the District Attorney to hire a contract investigator for the purposes of providing investigative services for the Cold Case Unit and provide funds for said contract employee. SHERIFF'S OFFICE 60 To approve a change order to the contract with Digital Solutions Incorporated, substituting CorEMR as the provider of the medical component of the electronic jail management system. COUNTY CLERK 61 To approve the minutes of the following meetings: January 13, 2014 - Special Called Meeting/Agenda Work Session January 14, 2014 - Regular Meeting of the Board January 21, 2014 - BOC Comp Plan Hearing January 27, 2014 - Special Called Meetnig/Agenda Work Session 62 To authorize correction of the minutes of the Board of Commissioners Zoning Hearing of December 17, 2013 regarding rezoning application Z-73 of 2013, TV Holdings, LLC.

58

MOTION: Motion to approve the Consent Agenda, and authorize execution of the necessary documents by the appropriate County personnel.

Page 17 of 354

Page 18 of 354

Agenda Item Number. 1

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve an agreement with Niagara Conservation Corporation for management of the MultiFamily Ultra High Efficiency Technology Direct Install Program for the Water System, Program No. C0132.

BACKGROUND
In 2005, the Cobb County Water System (CCWS) initiated a Water Efficiency Program intended to encourage conservation of our limited water resources. The Program has been very successful to date, with total water demand in Cobb County decreasing significantly in recent years. As a part of this effort, CCWS established a rebate program in 2007 to encourage replacement of older toilets in single family residences with more efficient newer technologies. This initiative has been effective and 18,883 toilets have been replaced to date with more efficient models. Due to continuing stress on the regions limited water resources, CCWS, in compliance with the Metropolitan North Georgia Water District, also established a multi-family toilet rebate initiative in 2012, targeting apartment complexes with inefficient fixtures. While the rebate program has enjoyed significant success, this parallel initiative, aimed at multi-family complexes, has not been as effective in eliminating inefficient fixtures as was anticipated. This problem, however, has been successfully addressed by water utilities in other areas employing an initiative calling for the direct installation of ultra high-efficiency technology by a contractor.

Under this initiative, the Water System plans to accept requests from multi-family complexes and pay a service provider a fixed cost to replace toilets and other fixtures. In turn, the complex Page 19 of 354

Agenda Item Number. 1

will reimburse the Water System the associated costs over a three year period. The savings to the development on its water/sewer bills is expected to offset the cost to repay the Water System, allowing the Water System to recover its entire investment within three years. The RFP for this effort was advertised in the Marietta Daily Journal on September 20, September 27, October 4, October 11, and October 18 of 2013, in accordance with the Selection Process 1 (Competitive Negotiations) of the Policy for Procurement of Professional Services. Copies of the RFP were requested by 10 firms. On October 24, 2013, one proposal was received, that of Niagara Conservation Corporation. Niagara has significant experience in managing similar projects. Niagara Conservation Corporation's proposal was reviewed and ranked highly by a five-member selection committee consisting of Tom Bills of Parks and Recreation, Neil Tarver of the Extension Service, Michael Harrelson and Kathy Nguyen of the Water System, and Allen Kronenberger of Property Management. The project duration is for two years with an option to extend for an additional year. The program will initially be funded by CCWS in an amount not to exceed $500,000.00 per year. All costs will be recouped by an incremental fee assessed to the property owners water bill over a period of three years. It is anticipated that the cumulative program will be budget neutral for the Water System.

FUNDING
Funding is available in the Water System Operating Budget for the Toilet Rebate Program, Fund 500, Department 500, Unit 5100, Object 6625.

RECOMMENDATION
The Board of Commissioners authorize an agreement with Niagara Conservation Corporation for management of the Multi-Family Ultra High Efficiency Technology Direct Install Program for the Water System, Program No. C0132, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Page 20 of 354

Agenda Item Number. 2

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 1,3

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve a Design-Build Memorandum of Understanding (MOU) between the Georgia Department of Transportation (GDOT) and Cobb County for the relocation of water, wastewater, and stormwater facilities impacted by Safe Routes to Schools in Cobb County, Georgia, GDOT Project P.I. No. 0010401.

BACKGROUND
The proposed Memorandum of Understanding commits the Water System to generate a design for the relocation/adjustments of any of its facilities in conflict with the Safe Routes to Schools in Cobb County, Georgia project and commits GDOT to pay for related costs. The sidewalk projects are along Kincaid Road in front of Kincaid Elementary School and Irwin Road in front of Cheatham Hill Elementary School.

FUNDING
Not applicable.

RECOMMENDATION
The Board of Commissioners approve a Design-Build Memorandum of Understanding (MOU) between the Georgia Department of Transportation (GDOT) and Cobb County for the relocation of water, wastewater, and stormwater facilities impacted by Safe Routes to Schools in Cobb County, Georgia, GDOT Project P.I. No. 0010401 and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Memorandum of Understanding Maps

Page 21 of 354

Memorandum of Understanding to be provided under separate cover.

Page 22 of 354

Page 23 of 354

Page 24 of 354

Agenda Item Number. 3

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 1, 2

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve an engineering agreement with Walden, Ashworth & Associates, Inc. for design services for FY15 Maintenance Zone 1 & 3 Water Main Replacement Design, Program No. W2284.

BACKGROUND
On November 12th, 2013, the Board of Commissioners authorized the advertisement and holding of a public hearing for employment of consultant services where contract fees will exceed $100,000.00 for design services for FY15 Maintenance Zone 1 & 3 Water Main Replacement Design. The project will result in the replacement of approximately 43,300 linear feet of aged water main with improved materials along Mount Calvary Road, Cannon Way, and Spring Hill Parkway, and in Atlanta Country Club, and Woodland Trail subdivisions. A public hearing for the employment of consultant services was held on December 10th, 2013. In accordance with the Policy for the Procurement of Professional Services adopted by the Board of Commissioners on July 28, 2009, for Selection Process 2 (Competitive Proposals), proposals were solicited through advertisement in the Marietta Daily Journal. Selection Process 2 requires the submittal of a narrative proposal, including pricing information. Ranking of proposals includes consideration of staffing, previous experience and performance, approach, availability, financial stability, and cost.

On December 12, 2013, Cobb County received eight proposals for design services related Page 25 of 354

Agenda Item Number. 3

to the FY15 Maintenance Zone 1 & 3 Water Main Replacement Design. A committee evaluated the proposals and pricing information, and selected Walden, Ashworth & Associates, Inc. as the firm offering the best combination of qualifications and pricing. Members of the committee were Michael Wright, Department of Transportation; Tom Bills, Department of Parks, Recreation, and Cultural Affairs; Troy Norton, Water System; Bill Volckmann, Finance Department; and Tim Steenhoek, Water System. It is recommended that an agreement be entered into with Walden, Ashworth & Associates, Inc. in an amount not to exceed $121,435.00.

FUNDING
Funding is available in the Water Systems Unidentified New/Replacement Water Main Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2284. Transfer from: Unidentified New/Replacement Water Main Preliminary Estimates 510-500-5754-8005 W1503-Z $121,435.00 Transfer to: FY15 Maintenance Zone 1 & 3 Water Main Replacement Design W2284-E Engineering-Design Fee 510-500-5754-8225 $121,435.00

RECOMMENDATION
The Board of Commissioners approve an engineering agreement with Walden, Ashworth & Associates, Inc. in the amount of $121,435.00 for design services related to FY15 Maintenance Zone 1 & 3 Water Main Replacement Design, Program No. W2284; authorize the corresponding budget transaction; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Map.

Page 26 of 354

Hickory

Jamerson Rd Shallowford Rd
igl W
Grove Rd
Hawkins Store Rd
Sha llow

Rd ey

Jiles Rd

Moon Station Rd

nR stai Cha

Eb en ez er
Pied mon t Rd

Al lg oo d

Ca

Old Canton Rd

Er

y kw P tt rre a B st Old ne

ll Mill Sewe

Rd

41 H wy Stilesboro Rd

d nR nto

Rd

Woodland Trail (W2283)


nR d

Cannon Way (W2281)


Cherokee St
w esa nn Ke
N arietta orth M Pkwy

Ro

so bin

Holt Rd

Polk St

Roswell St

Low er Ro

South Marietta
t sS

Pkwy
Fr an k li nR d

swe ll R d

d ll R swe o R er Low

W ar d

Rd

Jo hn

Rd

te ll

kwy

Windy Hill Rd

Rd

Church Rd

c C hur

At l an ta

Vill

Milf ord C

hurc h

Spring Hill Parkway g Rd Sprin (W2262) d R h

age P

Cum b

erla n

d Bl vd

Rd
Paces

Lipson Dr

Hicks Rd

Ea s

Co nc or d

Rd

Hurt Rd

Rd Ferry

t-w est C

on n

Rd ine a t Fon

er Cumb

Pkwy land
285


1:125,000

Ak er s

ill Rd

nd Rd Macla nd Rd Macla

Au s

Ter r

ell

Mi ll

Rd

S Road (W2282) Mount Calvary er wd Po

ing pr

Atlanta D Country elk Rd Club Phase 2 (W2280)

Pat Mell Rd

rs Inte

e tat

Pk

wy

Joh nso n


575

Post Oak Tritt Rd

Rd ell w s Ro

Fer

ry R d

Rd

Trickum Rd

New Chastain
Bells Ferry Rd

Rd

M ab ry

Rd

Rd Blackwell

Rd

Nor th
Frey Rd

for d

Boo th

Rd

Barrett Lakes Blvd

bb Co w Pk y

t Eas Pie on t dm

Rd

r Bu nt y or ck Hi Rd

e Av

y Rd awa Call

nta Atla Rd
uth So

e rcl Ci 75 wy Pk

Rd yd Flo

bb Co Dr

H Flint ill Rd

Project: FY2015 Maintenance Zone 1 & 3 Water Main Replacement Program Number: W2284 Land Lot(s): As Shown District(s): 1, 17, 20 Commission District(s): 1, 2

:
Location Map

Page 27 of 354

Agenda Item Number. 4

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve a construction contract with Tippins Contracting Co., Inc. for the City of Kennesaw Miscellaneous Water Main Replacement, Program No. W2270.

BACKGROUND
Portions of the City of Kennesaw area are currently served by 6-inch water mains of various pipe material and 2-inch polyvinyl chloride (PVC) pipe which are subject to periodic failure and ongoing repair demands. The proposed project will address these deficiencies in several areas and bring the areas up to current Water System standards. The project includes abandoning the use of the existing water mains and replacing with approximately 900 linear feet of 6-inch ductile iron pipe (DIP) along Melanie Drive and approximately 2,800 linear feet of 6inch DIP along portions of North Main Street, Dallas Street, J. O. Stephenson Avenue, and Watts Drive, and all other appurtenances. Bids for construction were received on January 9, 2014, and the results of the bid were as follows: Tippins Contracting Co., Inc. D & H Construction Company G. S. Construction Co., Inc. The Dickerson Group, Inc. K. M. Davis Contracting Co., Inc. Site Engineering, Inc. Wade Coots Company, Inc. John H. Pruett Construction Co., Inc. Shaheeds Construction Co., Inc
Page 28 of 354

$347,402.50 $386,129.60 $394,907.50 $398,035.00 $439,257.50 $462,737.50 $513.651.50 $692,932.90 $737,709.50

Agenda Item Number. 4

Corley Contractors / dba / C & L Contractors

$861,847.77

FUNDING
Funding is available in the Water Systems Unidentified New/Replacement Water Mains Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2270. Transfer from: Unidentified New/Replacement Water Mains Preliminary Estimates 510-500-5754-8005

W1503-Z

$357,092.50

Transfer to: City of Kennesaw Miscellaneous Water Main Replacement Construction 510-500-5754-8260 W2270-C Interest Expense on Retainage 510-500-5754-6613 W2270-A Materials & Supplies 510-500-5754-8265 W2270-M Contingency 510-500-5754-8810 W2270-T Total

$347,402.50 $1,740.00 $1,000.00 $6,950.00 $357,092.50

RECOMMENDATION
The Board of Commissioners approve a construction contract with Tippins Contracting Co., Inc., in the amount of $347,402.50, for City of Kennesaw Miscellaneous Water Main Replacement, Program No. W2270, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Map

Page 29 of 354

90
Moon Station Rd

91

Mccollum Pkwy
North Ave
Terry Ln
Maple Dr

Royal Ct

Oa kD

Pin e

Dr

Virginia Ave

Winsburg Dr

Lin d

Dobbins Dr

ley

Poplar Dr

Ln

Ashley Way

Smith Dr

Russell Dr

101

100

99
Branch Dr

Lee Ct

Par P l
Kennesaw Station Dr

College Dr

92

93

Grant Dr

Timber Ln

98

Ln

Melan

eld

ie Dr

erfi

Dogwood Dr
Scarlett Ln

Rh e

De

tt D

Deerfield Dr

r
Ct

St

Ta ra

Ln

w Ho

Ct

Br en to

128
Carter Cir
eri ng D
Matlock Dr

Trave lers

Trl

Du va ll

Dr

129
a eO hit kC ir

Pl

130
Towne Manor Dr

Wrens Way

d ar

Je bs

ir

M cg ar

ck Ra

ks C

ity

le

Oa

Douglas Ln

ay

Moon Station Dr

Tw e

Ch er ok e

Project

is Parad

Timberlake Rd

lve

Wax Wing Ct

e Ln

131
Ben K

ing R

Wh isp

Ra n

do lp h

North Main St
Dallas St

Carrie Dr

Lewis St

139

138
Project
Sard

Pin e

137
Clifton Downs Ct

Hil lC

136
ay

ir

W at

ts D

r
et d yR er
ho Sc
m Su

Big

Ivey Park Dr

166

m Ce

South Main St
ers St

Sha nty D

ey English Iv

167

Duncan Dr

168

169

1:12,000
Project: City of Kennesaw Miscellaneous Water Main Replacement Program Number: W2270 Land Lots: As Shown District: 20th Commission District: 1

:
Location Map

Page 30 of 354

Carrie Farm Rd
Ln

th S t

Mark Pl
d W

Pl Whitfield

Car ru

Pine Hill Dr

ley Shir Dr
m

Ci r

Project

P Galt l

Manor Way

Lu la Ln
nt Vi ag

e W oo

is St

ol Dr

Agenda Item Number. 5

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 1, 4

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve an engineering agreement with Prime Engineering Incorporated for design services for FY15 Maintenance Zone 2 Water Main Replacement Design, Program No. W2279.

BACKGROUND
On November 12, 2013, the Board of Commissioners authorized the advertisement and holding of a public hearing for employment of consultant services where contract fees will exceed $100,000.00 for design services for FY15 Maintenance Zone 2 Water Main Replacement Design. The project will result in the replacement of approximately 26,300 linear feet of aged water main with improved materials in Shannon Green subdivision and the Ewing Road area, and along Scott Lane and Hiram Lithia Springs Road. A public hearing for the employment of consultant services was held on December 10, 2013. In accordance with the Policy for the Procurement of Professional Services adopted by the Board of Commissioners on July 28, 2009, for Selection Process 2 (Competitive Proposals), proposals were solicited through advertisement in the Marietta Daily Journal. Selection Process 2 requires the submittal of a narrative proposal, including pricing information. Ranking of proposals includes consideration of staffing, previous experience and performance, approach, availability, financial stability, and cost.

On December 12, 2013, Cobb County received eight proposals for design services related to the FY15 Maintenance Zone 2 Water Main Replacement Design. A committee evaluated the proposals and pricing information, and selected Prime Engineering Incorporated as the firm offering the best combination of qualifications and pricing. Members of the Page 31 of 354

Agenda Item Number. 5

committee were Michael Wright, Department of Transportation; Tom Bills, Department of Parks, Recreation, and Cultural Affairs; Troy Norton, Water System; Bill Volckmann, Finance Department; and Tim Steenhoek, Water System. It is recommended that an agreement be entered into with Prime Engineering Incorporated in an amount not to exceed $99,475.02.

FUNDING
Funding is available in the Water Systems Unidentified New/Replacement Water Main Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2279. Transfer from: Unidentified New/Replacement Water Main Preliminary Estimates 510-500-5754-8005

W1503-Z $99,475.02

Transfer to: FY15 Maintenance Zone 2 Water Main Replacement Design Engineering-Design Fee 510-500-5754-8225 W2279-E

$99,475.02

RECOMMENDATION
The Board of Commissioners approve an engineering agreement with Prime Engineering Incorporated in the amount of $99,475.02 for design services related to FY15 Maintenance Zone 2 Water Main Replacement Design, Program No. W2279, authorize the corresponding budget transaction, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Map

Page 32 of 354

Sandtown Rd

Mid way Rd

Irw in R

d
John

Los t

Mo

Villa Rica Rd

d rd R Wa

unt a

in R

Scott Lane (W2277)


rd lfo Mi

Co unt yS er v

y Rd awa Call

ice s

r tone D Banks

New Macland Rd

d Rd Maclan
Hopkins Rd

Pk w

Pat Mell Rd

Windy Hill Rd

Windy Hill Rd

urc Ch

y rrett Pkw Ernest Ba

hR

ountain R d

Old Lost M

Hicks Rd

Marietta St

Lipson Dr

er wd o P

Brookwood Dr

Clay Rd

ll Rd

Floyd Rd

Aus te

ine nta o F

Maxham Rd

l Hwy moria e M rans Vete

hries Hump

d Hill R

ry S

Hiram Lithia Springs Road (W2276)

Fa cto

Sou th G ordo n

ho

als

Rd

a Alab Old

d ma R

Co op

er

Rd

lair Oak Ridge Rd B

Rd ge Brid
Six Flags Dr

u th So

o G Hil

on rd

La

lcr e


20


20

1:80,000
Project: FY2015 Maintenance Zone 2 Water Main Replacement Program Number: W2279 Land Lot(s): As Shown District(s): 19 Commission District(s): 1, 4

:
Location Map

Page 33 of 354

ke Rd

Florence Rd

d
Smyrna Powder Springs Rd
Church Rd
Hurt Rd Rd

Macedonia Rd

Ewing Road (W2275)

gs rin p S

Shannon Glen (W2278)


H Flint
Concord Rd

Ea stwe st Co nn

C H me Ja kw sP y
ill Rd

te Aus der ow ll P r Sp Rd

Rd

le Mab ton Pkw y

Rd

st

Dr

Agenda Item Number. 6

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 2, 3

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve a construction contract with M.V.P. Piping Co., Inc. for Maintenance Zone 3 Sewer Creek Crossing Repairs, Program No. S1087.

BACKGROUND
The Maintenance Zone 3 Sewer Creek Crossing Repairs project involves the replacement of two stream crossings and the relocation of sewer mains away from eroding stream banks. The project consists of replacement of approximately 470 linear feet of sewer main with 8-inch and 16-inch ductile iron pipe near Lakeview Trail, replacement of 35 linear feet of sewer main near Asheforde Drive with 8-inch polyvinyl chloride pipe, and replacement of 550 linear feet near Ridgewater Drive with 8-inch ductile iron pipe and all related appurtenances. Bids for construction were received on January 9, 2014, and the results of the bid were as follows: M.V.P. Piping Co., Inc Site Engineering, Inc. Wade Coots Company, Inc. Corley Contractors/dba/C & L Contractors K. M. Davis Contracting Co., Inc. $201,432.50 $314,760.50 $344,387.50 $345,207.83 $426,732.50

Page 34 of 354

Agenda Item Number. 6

FUNDING
Funding is available in the Water Systems Unidentified New/Replacement Sewer Lines Adopted CIP Budget for Fund 510, Department 500, Unit 5755, Program No. S1087. Transfer from: Unidentified New/Replacement Sewer Lines Preliminary Estimates 510-500-5755-8005

S2503-Z $206,472.50

Transfer to: Maintenance Zone 3 Sewer Creek Crossing Repairs Construction 510-500-5755-8260 S1087-C $201,432.50 Interest Expense on Retainage 510-500-5755-6613 S1087-A $1,010.00 Contingency 510-500-5755-8810 S1087-T $4,030.00 Total $206,472.50

RECOMMENDATION
The Board of Commissioners approve a construction contract with M.V. P. Piping Co., Inc., in the amount of $201,432.50, for Maintenance Zone 3 Sewer Creek Crossing Repairs, Program No. S1087, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Maps

Page 35 of 354

Page 36 of 354

Page 37 of 354

Agenda Item Number. 7

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve an engineering agreement with Rindt-McDuff Associates, Inc. for design services for FY15 Maintenance Zone 4 Water Main Replacement Design, Program No. W2274.

BACKGROUND
On November 12, 2013, the Board of Commissioners authorized the advertisement and holding of a public hearing for employment of consultant services where contract fees will exceed $100,000.00 for design services for FY15 Maintenance Zone 4 Water Main Replacement Design. The project will result in the replacement of approximately 45,000 linear feet of aged water main with improved materials in the Dayron Circle Area, Mountain Creek subdivision, Chimney Springs Phase 4, and Roberts Lane Area. A public hearing for the employment of consultant services was held on December 10, 2013. In accordance with the Policy for the Procurement of Professional Services adopted by the Board of Commissioners on July 28, 2009, for Selection Process 2 (Competitive Proposals), proposals were solicited through advertisement in the Marietta Daily Journal. Selection Process 2 requires the submittal of a narrative proposal, including pricing information. Ranking of proposals includes consideration of staffing, previous experience and performance, approach, availability, financial stability, and cost.

On December 12, 2013, Cobb County received eight proposals for design services related to the FY15 Maintenance Zone 4 Water Main Replacement Design. A committee evaluated the proposals and pricing information and selected Rindt-McDuff Associates, Inc. as the Page 38 of 354

Agenda Item Number. 7

firm offering the best combination of qualifications and pricing. Members of the committee were Michael Wright, Department of Transportation; Tom Bills, Department of Parks, Recreation, and Cultural Affairs; Troy Norton, Water System; Bill Volkmann, Finance Department; and Tim Steenhoek, Water System. It is recommended that an agreement be entered into with Rindt-McDuff Associates, Inc. in an amount not to exceed $124,275.00.

FUNDING
Funding is available in the Water Systems Unidentified New/Replacement Water Main Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2274. Transfer from: Unidentified New/Replacement Water Main Preliminary Estimates 510-500-5754-8005 W1503-Z $124,275.00 Transfer to: FY15 Maintenance Zone 4 Water Main Replacement Design W2274-E Engineering-Design Fee 510-500-5754-8225 $124,275.00

RECOMMENDATION
The Board of Commissioners approve an engineering agreement with Rindt-McDuff Associates, Inc. in the amount of $124,275.00 for design services related to FY15 Maintenance Zone 4 Water Main Replacement Design, Program No. W2274, authorize the corresponding budget transaction, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Map

Page 39 of 354

R rson Jame

Jam ers on

b Ala am

Rd

aR d

ley

Shal lowf o rd

Rd

Trickum Rd

Rd

Rd Blackwell

y Gord

Pkwy

Mountain Creek (W2271)

mo nt R

Holly Spri ngs Rd

Pie d

Sa nd yP lai n

Chimney Springs Phase IV (W2273)


Post Oak Tritt Rd

sR d

Dayron Circle (W2270)

Scufflegrit Rd

M Roberts S Lane ewell(W2272)

ill Rd

Mabry Rd

W ig

Old Canton Rd

Robinson Rd
a North M
Holt Rd

Woodlawn Dr


75

Lower Roswell Rd
Rd
Terrell Mill Rd

Johnson Ferry Rd

Low er

ll M ewe

ill R

ell sw Ro

Rd

Project: FY2015 Maintenance Zone 4 Program Number: W2274 Land Lot(s): As Shown District(s): 1, 16 Commission District(s): 3

1:75,000

Ros we ll R d

Rd er ez en Eb
k rietta P wy

F rs we Po er ry

Rd lin nk Fra

b Cob

y Pkw

:
Location Map

Page 40 of 354

Agenda Item Number. 8

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve a Developer Agreement with Acadia Homes and Neighborhoods, LLC, for installation of a 12-inch water main along Spring Hill Parkway, Program No. W1025.

BACKGROUND
Acadia Homes and Neighborhoods proposes to construct a town home development on Spring Hill Parkway near Cumberland Boulevard. A new 8-inch water line is needed to provide water service to the new development; however, a 12-inch water main would better serve the longterm needs of the Water System. Accordingly, the proposed Developer Agreement requires that the Water System provide 1,200 linear feet of 12-inch ductile iron water main to the Developer for him to install in lieu of the 8-inch main that would have been sufficient for his project.

FUNDING
Funding is available in the Water Systems Spring Hill Parkway Water Main Installation Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W1025.

Transfer from: Spring Hill Parkway Water Main Installation Preliminary Estimates 510-500-5754-8005

W1025-Z

$ 34,000.00

Page 41 of 354

Agenda Item Number. 8

Transfer to: Spring Hill Parkway Water Main Installation Materials & Supplies 510-500-5754-8265 Contingency 510-500-5754-8810 Total

W1025-M W1025-T

$ 33,000.00 $ 1,000.00 $ 34,000.00

RECOMMENDATION
The Board of Commissioners approve a Developer Agreement with Acadia Homes and Neighborhoods, LLC, for installation of a 12-inch water main along Spring Hill Parkway, Program No. W1025, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Map Developer Agreement

Page 42 of 354

LOCATION MAP
Sports Ave
C ir

810

846

C um be

rl a nd

881

b Cum

Hill Pkw y

ll d Ma erlan

Spri ng

Cu m

be rla nd

811

Blv d

Proposed Water Main


y
845


285

882

844

883
Rd Mission Ridge

Ad am

sL

ak e

Bl

vd

Project: Spring Hill Parkway Water Main Program Number: W1025 Land Lots: 845, 881 and 882 District: 17 Commission District 2 Description: Developer's Agreement

1:4,000

*
Page 43 of 354

Cu mb erl


285

an dP kw

Developer Agreement to be provided under separate cover.

Page 44 of 354

Agenda Item Number. 9

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Stephen D. McCullers, P.E., Director This item has been electronically signed by:
Stephen D. McCullers, P.E., Director

DATE:

February 11, 2014

PURPOSE
To approve the purchase of real property and demolition/removal of the house at 5323 Jones Road, Program No. SW1511.

BACKGROUND
The house at 5323 Jones Road (Land Lot 1231, 19th District) was substantially damaged during the September 21, 2009 flood. Although it could not be acquired through one of the GEMA/FEMA property acquisition grants, it adjoins a property that was acquired through this program. The property has been vacant since the flood. The current tax appraised value of the property is $12,900.00. The Water System recommends the acquisition of this property rather than allowing it to be rebuilt at this location in the 100-year floodplain at some later date. Upon acquisition, the Stormwater Management Division proposes to demolish and remove the existing home which has been standing vacant on the property for the last 3 years, and record a green space deed restriction on the vacant land. A $5,000.00 allowance is requested to accomplish the demolition and removal of the existing structure, and to cover legal costs associated with closing the property. It is believed that this action will be in the best interest of the surrounding neighborhood which is still in the process of recovering from the flood, and will also serve in the best interests of public safety, health, and welfare.

The acquisition of this property is consistent with Stormwater Managements strategic goals of acquiring floodplain properties along major waterways. The acquisition of floodplain along Page 45 of 354

Agenda Item Number. 9

major waterways provides numerous public benefits including greater control in preserving natural floodplain storage areas; passive recreation; preservation of a continuous vegetative stream buffer; enhanced filtering of non-point source pollutants; and the preservation of a continuous riparian canopy. The tax appraised value of this property, which the owner would accept subject to board approval, is $12,900.00. The Water System recommends the acquisition of this property and the demolition and removal of the vacant home.

FUNDING
Funding is available in the Water Systems Stormwater Repair and Restoration Adopted Budget for Fund 510, Department 500, Unit 5758, Program No. SW 1511. Transfer from: Stormwater Repair & Restoration Drainage Contract R&M Service Transfer to: 5323 Jones Road Site Acquisition & Addition Professional Services -Demolition & Removal -Land Acquisition Legal Costs Total

510-500-5758-6496

SW9999-Z

$17,900.00

510-500-5758-8015 510-500-5758-8015 510-500-5758-8030

SW1511-R SW1511-R SW1511-R

$12,900.00 $ 3,000.00 $ 2,000.00 $17,900.00

RECOMMENDATION
The Board of Commissioners approve the purchase of real property and demolition/removal of the house at 5323 Jones Road at a cost of $17,900.00, Program No. SW1511, authorize the corresponding budget transactions, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Map

Page 46 of 354

7040

7050

5081 1156 1157 5094 5116 2515 2805 2285 2205 5195 5105 2265 2245 2275 5095 2295 2305 2225 2545 2535 2800 7075 2255 2235 5115 2555 2785 5124 2585 2565 7070 5144 5100 5101 5103 2232 5079 5132 2780 2755 2775 2600 2595 5119 5127 5105 5142 5108 5107 2770 5109 2610 2605 2735 2765 5110 5111 2760 5161 5159 2620 2615 2725 5132 2240 Rd 5125 es 5113 5115 2715 2750 5157 5155 Jon 5126 5118 2630 2625 2260 2705 2740 5119 5117 5149 5151 5153 5122 5120 2635 5135 2640 2730 2695 5121 5149 5131 2650 2645 2264 2675 2720 5147 5137 5135 5125 5123 2257 2655 2660 5171 2665 2710 5145 5143 5133 2670 5170 2276 1213 1212 2680 2700 1211 2259 5190 2690 5185 2292 2263 5210 7065 6070
Dr

1158

5220 5238
Rd

5195 5201 5225 5231

5198
ar re

2273 2285 5190

2316 5212

5258

5248
Jo n

es

2301

2293

Flint

5042

5232 5242

Rd Hill

5245 5251 5323

5241 2238 5261 2256 2256 2274 2231 2253 2239 2251

5288

5271 5281

5290 2267 2275 2281 2287 2291 2315 2297 2331 2321 2291

Property to be Acquired

2370 2334

1230
3090 3145 3135 5354

1232
3000 3005 3015 3025

3010

3020

1231
3030 3040 3050
Sunlig h t Rd

3080 3060 3070

3045 3055 3035 3065

3125 3075 3105 3115 3085 3095 3020

3010 2330

Rd

3000 3030 3040

ar ie

tta

ld

2998

1285

1286

3005 3015

2225

3050

1287

Project: 5323 Jones Road Program Number: SW1511 Land Lot: 1231 District: 19 Commission District: 4 Description: Acquisition of Floodplain Property

1:4,000

:
Location Map

Page 47 of 354

Agenda Item Number. 10

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a Real Property Agreement with the Georgia Department of Transportation for Floyd Road Trail, Phase 2, State P.I. No. 0010727, Cobb County Project No. D11J0.

BACKGROUND
Floyd Road Trail, Phase 2, is an approved multi-use trails project in the 2005 SPLOST Transportation Improvements Program. This project consists of construction of a ten-foot wide multi-use trail along the west side of Floyd Road, from Hicks Road to Silver Comet Trail in Mableton, for a project length of 0.64 miles. The existing curb and gutter will be retained, with the exception of areas requiring reconstruction to ensure Americans with Disabilities Act compliance of ramps at intersections. Floyd Road Trail, Phase 2, is also an approved sidewalk project in the FY11-12 Transportation Enhancement (TE) program. The TE program is a federally funded program managed by the Georgia Department of Transportation (GDOT). The goal of this program is to enhance transportation infrastructures through projects such as multi-use trails and paths, streetscapes, historic preservation of transportation-related facilities, and scenic byways. The Department is in receipt of a Real Property Agreement from GDOT for the acquisition of rights-of-way on Floyd Road.

FUNDING
N/A
Page 48 of 354

Agenda Item Number. 10

RECOMMENDATION
The Board of Commissioners approve a Real Property Agreement with the Georgia Department of Transportation for Floyd Road Trail, Phase 2, State P.I. No. 0010727, Cobb County Project No. D11J0; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Real Property Agreement

Page 49 of 354

LOCATION MAP
MIMOS A D R

H
MON T CL A

R ER RE N D

N N A LN

M E R RY

HU

ROC KIN GWAY D R

RT

HURT PA RK

RD

RD

REED DR

JA

T HUR
WI NES A

RD
TRA

IR D R

P LANTAT IO
TER RA C E DR

D R

DR NQ UIL

D RD D O NAL

STORY DR

S HE

P DR
D URR E L L ST

RU S SEL L

R D

! (
HOSPIT AL WEST DR

O EYF

RD VW

ST

FOXF IR E D R
EL A INE D R

ST

RD

EL

M U LK

EY

RD

FI

HE RR

EN

DR

PEE L C A S TL

D AL BY W AY

BRI DG EB RO O K L N

EA ST

- W E ST

E LN

CO NN

V E RE D

AU

BRI DG E P L

CO

ME RRY W

C E AVE

W LA

N B R IDG E R D TO

Smyrna
CO V

B
AR NE

EAT H E R T R L

SO UT H H U RT R D

AL AIN A CIR

IN O

CI R LE
TR EST L E

IA

BR AN TL EY DR

M EAD O

HI

L L HOU S E

RD

W RD

D ERE

AL

LE

SE M

H IC K S R D

CI

TY R

DR

KA L B

TI ZE

EL L

D BRI D G E R

Y DR BR AD L E

BR OO KWO OD D R

FL OYD DR

SAN T EE

L GLE NN P

TR L

VERN ON D R

SEAY ES

DEB BIE DR

HE R ITAG

AN JUL D R

"

"

BEN SON HU RST D R

PL

VI RGIN IA
GOL DE N C IR

DU RO N

S RD

NES TA CT

TE RN LN

RD

AN NA WAY

V IRG IL

EN TON CT TR
LN
AR D CIR DW

N IC K
SH A N

A JA

DUB

CIR

LIN

SA
NO R

IN

S E AYE

TP

WO O

WHIT E B LVD

L IN DA V IS TA

M AB L E L AK E D R

E ST

CL
BROOK WO OD D R

PL

AY

T L AF A Y ET

DR

CH S E

DA LE DR

AYR ES R D

AP LE VAL L EY R M
DR

HU NT

CR

RD

LA ND E R S

LA ND RD NE

IN

EL S

IE

OX DR

LU T H

ER

DR

P RO SPEC

E L A N D C IR

TPL

MAR A N L N

FO

AI NT

NE

RD

DA NIEL S T

HA R RIS S T

JAN ET L N

BET H DR

FL OY

EL

ES T

FLOYD

MA BL

OL

CE N TE R ST

RD

L A

ST

CI R

M AR K

ST

CE N TE R

CH UR CH ST

LE E D R

GR A CE S T

B AR BA R A L N

Cobb County Department of Transportation

PROJECT: Floyd Road Trail, Phase 2 Project No. D11J0

DATE: February 11, 2014 k

Notes: Commission District 4

Page 50 of 354

S H AN N

DR

VAL L EY CR E EK

PI NE VA L L E Y RD

W ATE RF OR D D R

GL O

LAN

N G RE E N

RD

O N W AY

RE

CI

TH

AT

LA ND

RI C

DR

LIZ Z IE L N

LA

R MON T D

ROGER S D R

AN NIE LN

D CK R

TIM BE RL

O CL

VE

Begin Project GA NN
C A RL OUE TTA R D

X ING

RO ED

End Project
E LA K

WE

WIST ERI A D R

ST

EL M WOOD D R

E FI

LD

CT

DR

NC CO

OR

D DR

IL

L GR

OVE L N
AN D
DR

L OUI S E L N

DR

BR AZ OS D R

AND

ER S O N

MILL R D

Silver Comet Trail

TE BA

D SR

C IR

WHIS TL E D R

DR

LE

RD

C ONWH EY

"
"
KIN S D AL E DR

FL ""

D OY

"

W IN

" RD "

OR DS

DON NA ST

"

"

DR

ES

RD

DR

Flo

- Phase 1 oad Tra il yd R

RL EIG H BR I A

RD

I RIS D

Page 51 of 354

Page 52 of 354

Agenda Item Number. 11

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a Real Property Agreement with the Georgia Department of Transportation for Big Shanty Road Sidewalk, State Project No. CSTEE-0010-00(706), State P.I. No. 0010706, Cobb County Project No. D7280.

BACKGROUND
Big Shanty Road Sidewalk is an approved pedestrian improvements project in the Sidewalks Component of the 2005 SPLOST Transportation Improvements Program. This project consists of the construction of a five-foot wide sidewalk along both sides of Big Shanty Road, from Chastain Meadows Parkway to Bells Ferry Road, for a project length of 0.40 miles. Big Shanty Road Sidewalk is also an approved sidewalk project in the FY 2011-2012 Transportation Enhancement (TE) program. The TE program is a Federally funded program managed by the Georgia Department of Transportation (GDOT). The goal of this program is to enhance transportation infrastructures through projects such as multi-use trails and paths, streetscapes, historic preservation of transportation-related facilities, and scenic byways. The Department is in receipt of a Real Property Agreement from GDOT for the acquisition of rights-of-way on Big Shanty Road.

FUNDING
N/A
Page 53 of 354

Agenda Item Number. 11

RECOMMENDATION
The Board of Commissioners approve a Real Property Agreement with the Georgia Department of Transportation for Big Shanty Road Sidewalk, State Project No. CSTEE-0010-00(706), State P.I. No. 0010706, Cobb County Project No. D7280; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Real Property Agreement

Page 54 of 354

LOCATION MAP
M AXA N NE D

SH

H ILO

OAK

RD
E CR IP PL CR EEK DR

U N MOV I N D

F ER

RY D R

LY NE

CT

BR EN T V IEW P L

BL AK E C T

FAY E DR

HEC K R D

BU

UC

H KING

TH AM ES D R

TT E

C IR

EN
NG

L A N D PL

SU

I CK

S SE X P L

DR URY L N

DAWN DR

HA

DE V

DR

ORE LA ND D R

C RE EK

ETH RI

NG

GE

DG E D R

RD
ST
STAT ION

DIL L AR D D R

DR

DR

TT

UN

S AS S TA N S P

I NG H

CR

L AK

ES

BLO

C H A STA IN R D
I LS W

MB RI DG E W A

R O TH

ER

NEW CH A S TAIN RD
LY ND ON D R
PA XT O N

Begin Project
Y RD NT HA


575

W EYB OUR NE C

KE L LY

H A NT Y T R L

B IG
S HA

" " " " " " "


B IG
S

KAT HR YN D R

KAT HR

DR

BR OOKH AVEN D R

SH AN NO

S U HOLDE N
ND

End Project
LO

SUM TER D R

JOE L DR
CIR

EM BRY L N

CH

HIT HE L N

TA AS

IN G L
R
V ER N
T

IDE D R

EN L N
Y

! (
ON

L AK

ESI

DE D R

PA RK WOOD D R

KE N

T OWN P

AR K DR
L AK E S ID E P T

TH

SI N

HA

JE S ICA

GT

RT

LE Y W OODS D R

CO

BE

SO U T

ON D R

US

UR

LN

SUB UR BA N DR

SO

LA

DR

IC

I NS

ES

TM

ES TM ORE DR

ST

HA

LOOK OUT PT

N OR

TR L

TH BO OT H

H ON S

L EIC EST ER

IR E DR

RG E O
SH

WES TC HA S

ION D R AT

GU

IL D

DR

W PK

LL TR L

NO

LN

RD
R L OWE D

CIR

RD BELL S FE RRY

BU
DR EE SB

WE T R L

YN

GE R D

WS

PR A D

C HA S T A I N MEA D O

CO

CH

AN A PM

LN

PA

LN

SEA

VE GR A

W AY

RI

PK W

NG R D


75

LN

ID

RI N

GR

HAVE N LN

BARR ETT LAKES BLVD

ER T S C T

NE ER

ST

L A K EB

BR

IS

N L L TO

HI DDE

LA

R OOK

CA JUN D R

CO BB P

AR

ET

HI

R ET E

DEB RA DR
BOU NT Y D R

! (

PA RK ST O NE W A Y

Cobb County Department of Transportation

PROJECT: Big Shanty Road Sidewalk Project No. D7280

DATE: January 28, 2014

Notes: Commission District 3

Page 55 of 354

FOX D R

5 CO

BE LLS FE RRY PA RK

RO B

KE NN ET H S

LL

PK

P IED M O N

D TR

P O O DR

SDR

W E NAT C HEE DR

TOWN POIN T DR
B IG

B IG
D Y R A NT

NT

T O RE S

CT

! (

W OO

N C EN T TO W ER

R OCK B R

TE

DR

CH A PMA N D R

L IAM E N T R

EY

D Y R

L L OYD D R

OC K

OR TR L MO

DR

LN

VIC

RY D R KE

ID D E N F

OT SC

D TR

O VIS T A W

D U NC A

TT O
N

LE

NN D EA

OOD W

GE OR
GE
B US BE E PK W Y

RI DGE W O O D

DR

CH I CA

DR

T C LS E A

R ED

BL VD

REAL PROPERTY AGREEMENT

STATE OF GEORGIA
COUNTY OF COBB THIS AGREEMENT, made and entered into on this the _____ day of __________________, by and between the GEORGIA DEPARTMENT OF TRANSPORTATION (hereinafter Department) and COBB COUNTY, GEORGIA, a political subdivision of the State of Georgia (hereinafter COBB). WITNESSETH: WHEREAS, the Department is authorized to receive federal funding for Transportation Enhancement Activities for Georgia pursuant to provisions of 23 U.S.C. Section 139(b)(8); and, WHEREAS, COBB has represented to the Department that it has the authority to receive and expend Federal funds for the purpose of the Big Shanty Road project, is qualified to provide its services necessary for the implementation of the project, and the Department has relied upon such representation; NOW, THEREFORE, it being duly considered and in recognition of the value and benefits accruing to the Local Government, from said proposed Transportation Enhancement Project funding does promise and covenant as herein made; it agrees that: ARTICLE I Project: Big Shanty Road Sidewalks Project No: CSTEE-0010-00(706) P. I. Number: 0010706 Description of Real Estate: Big Shanty Road Sidewalks construction of a 5-foot sidewalk along Big Shanty Road, from Chastain Meadows Parkway to Bells Ferry Road, beginning at Station 10+00 and ending at Station 31+54.52.

Page 56 of 354

ARTICLE II ____________________ City/County, Georgia, acknowledges that federal funds are being used to purchase the property designated in Article I, and, if this property ever changes ownership, the local government will reimburse the Georgia Department of Transportation the Fair Market Value of the property based on the Projects actual share ratio. X COBB County, Georgia, acknowledges that federal funds are NOT being used to purchase the property designated in Article I, but if acquisition is needed, it will be acquired in accordance with Public Law 91-646, the Uniform Relocation Assistance and Real Properties Policies Act of 1970, as amended, and the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code; 23 CFR 710, et. seq., and 49 CFR Part 24, and the rules and regulations of the Department. This work shall be coordinated with the Georgia Department of Transportation Office of Right of Way. ARTICLE III It is further agreed that this agreement will be referenced in the warranty deed for the above referenced property. IN WITNESS WHEREOF, the said parties have hereunto set their hands and affixed their seals, on this day and year first above written.
Sworn to a delivered In the presence of:

COBB COUNTY, a political subdivision of the State of Georgia,

______________________
Witness BY: ________________________________________________ Timothy D. Lee, Chairman Board of Commissioners ________________________________________________ County Clerk (AFFIX COUNTY SEAL HERE)

__________________________ Notary Public (NOTARY SEAL)

ATTEST:

Sworn to a delivered In the presence of:

GEORGIA DEPARTMENT OF TRANSPORTATION


BY: ________________________________________________ Howard P. Copeland ITS: Right-of-Way Administrator

_____________________
Witness

_____________________
Notary Public

(NOTARY SEAL)

Page 57 of 354

Agenda Item Number. 12

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on one parcel on Burnt Hickory Road over Mud Creek, Project No. E1010.

BACKGROUND
Burnt Hickory Road over Mud Creek is an approved bridge replacement project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes replacing the existing bridge located on Burnt Hickory Road over Mud Creek, for a project length of approximately 600 feet. An additional easement is needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget. Negotiations with the property owners are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Departments Development Services, Right-of-Way and Construction staff, and the Countys Legal personnel, recommends condemnation actions be filed. Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. 32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.
Page 58 of 354

Agenda Item Number. 12

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Burnt Hickory Road over Mud Creek, Project No. E1010; adopt a Resolution and Order in form substantially similar to the attached; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Resolution and Attachment 1 for Parcel 4

Page 59 of 354

LOCATION MAP
W I NBOR N C IR
E

D PAR K WA Y

L O DR
PAST PL

T CR E S

WAY NT MO

WO O

RK TR CE W O OD P A
B ROO K

WIN DW A R D D R

CT O

CT
E CTO

NE ER
LN

SA D D LE

RH OU

WA

DU E

DR

NE W SA L E M RD

SA

WAY S H UMA RD

L E BR O O

LU

UN

TR

YC LB

DR

E CT

O RD

TA NN ER LA

MIMM S

TA R P LE Y R D

F REN

PT

KI

HIC KOR Y VIEW D R

RK

Project Location
CHM AN S WAL K

S AL IE NT

LN

Marietta

DOVER L N

OL D HIC K ORY D R

NE

N IE

ER

CR EEKV IEW PT

RD

ST BA RR

TRL
SU T

CA

RM

AI

MCD

MEA DO W C T

DR

P P L ING

LA KE

SO

FE

R DG

BO

RI

CD

DR

TA

ROC K GA RD EN TE R

HE LM S W

IN FA NTRY W AY

ET ST F LE

RA

E L DR QU

PE G G

U N ITY

TR

D OW O O LL

STON E MIL L L N

DR

D X R CO

ED

WAY

DR

DA
VI EW
DR
DR

L LA

SH WY

RR

B AT

! (
N RD TOW SAND WES T

120

EK F O REST C R E

LA

N T S TO

OL D DA LL A S R D

MIK E DR

Cobb County Department of Transportation

Notes: Commission District 1

C HA

TFIE

LD P

ET

BURNT

H IC K O R Y RD

LE ER IG H D R EV

TU X

LN

L E IG

FA

I R HILL L N

E F TL

EST D

TWI N OA KS DR

A LL VI

C RI

AY W

! (

120

DA LLA S HW Y
O L D D AL LA

PROJECT: Burnt Hickory Road over Mud Creek Bridge Replacement Project No. E1010

DATE: January 28, 2014

Page 60 of 354

TA

TP KW

AK

KIR K C T

T WA

Parcel 4

RE U BEN S R UN

DR

ST

ER

BB Y S T O N

CU

TAB BY S TO N E L N

E ST
HA

CA ISS ON

AG E

BURNT

H IC K O

R Y RD

CA NN ON WAY

Nose

s Cr e ek

AT TL

S RD

WH IT LO CK AV

RA ND AL L CT
E

DR

T RL

E CT O R

PA

RK

PO

VI E

SE

ST

ST

RD
D SA

Noonday Creek

DR

BA
ST
VL R O
TO EC R

RD

RRE
CHSE
RO

S TI

L ES

B OR

TT P
C OC

KW
LE AP
TR

X IN

S TA

CI

TAY S IDE

WH I

MO U

NT AI

K I RK S T TE

Y
OS S FIRE R D G CR
RD

NL

EY

Kennesaw

RD

IN

M
BR

EN

W AT E

Y WA

KR E L

MA
ET RI

O TA C

LO

GO R D O

N COM BS RD

KE

AN FR IR K KK RD

dC Mu

ek re

CUP

DR

AR M D R F

EL
O DR

R RD IVY MA N O

I DL

UN E R

THY AN N L N CA

M RD CO X FA R

F LI

E EV

UN ITY DR

SE ER M

AN

IE L R D

MO

T UN

CT

CA AR LV

I D C O R

RD

NN KE
ES AW

IE EF LD

ISON CM N S

TH D R EK DR PA RE W O D M EA

E W AY

Page 61 of 354

Page 62 of 354

Agenda Item Number. 13

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on one parcel on Stout Parkway over Gothards Creek, Project No. E1080.

BACKGROUND
Stout Parkway over Gothards Creek is an approved bridge replacement project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes replacing the existing bridge located on Stout Parkway, between Holloman Road and Brown Road. An additional easement is needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget. Negotiations with the property owners are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Departments Development Services, Right-of-Way and Construction staff, and the Countys Legal personnel, recommends condemnation actions be filed. Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. 32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.
Page 63 of 354

Agenda Item Number. 13

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Stout Parkway over Gothards Creek, Project No. E1080; adopt a Resolution and Order in form substantially similar to the attached; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Resolution and Attachment 1 for Parcel 4

Page 64 of 354

LOCATION MAP
BR OWNW OOD DR

TIF T ON C T

AL DER L N

WEST VIEW D R

! (
D

W O RT H I

BR OWN W OO D DR

FAI RFA X P L

N G TO N

IL L E R D

R OS ET R

L EA F DR

HU B E R

WNS V

BR O

SAM MY D R

BRO

M IR AND A

BR O W

N R D

STOU T PA RK

HOLL O MAN RD

RU TH L N
LIN DS EY D R

KEAT ON LN

AY

PA DD ING

MEMOR IA L LN

T ON L N

Swe et

wate r Cr e ek

M EAD OWS

MA

RT IN FA R MS RD

TD

A CE TER

BA N NIS T ER D R

R LAK E D

IN GS

DR

RU TL A ND DR

COB ALT DR

LEA H LN

R O L LIN G

ADO W DR ME

ST

W IND R IVER LN

! (

FL

O WE RS R DG

C ON NA LLY TR L

SS

OL D D O UGL A SVIL L E R D

DOUGLAS

BANK

HEAD HW Y

PROJECT: Cobb County Department of Transportation Stout Parkway over

BA

NK

EA

Y HW


DATE: January 28, 2014

Gothards Creek Bridge Replacement Project No. E1080

k
Notes: Commission District 4

Page 65 of 354

TA L ON

Project Location

GR

CT
LN

S UL L IVA

N RD

B LUE

S HER RI E LN

OU

TP KW

Parcel 4

S UL L IVAN RD

MEAD O WS RD

SW

EE

RU TL A ND CT

TS

PR

Gothards Cre ek

B
RO

LL VI NS W

Page 66 of 354

Page 67 of 354

Agenda Item Number. 14

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on one parcel on Windy Hill Road (West), Project No. E4030.

BACKGROUND
Windy Hill Road (West) is an approved thoroughfare improvements project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes the addition of a third through lane in each direction on the west side of the I-75/Windy Hill Road Interchange, from the I-75 southbound off ramp to Cobb Parkway, and from Cobb Parkway to the I-75 southbound on ramp, for a distance of approximately 0.80 miles. Median improvements are also included. Additional rights-of-way and easements are needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget. Negotiations with the property owners are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Departments Development Services, Right-of-Way and Construction staff, and the Countys Legal personnel, recommends condemnation actions be filed. Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. 32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition. Page 68 of 354

Agenda Item Number. 14

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Windy Hill Road (West), Project No. E4030; adopt a Resolution and Order in form substantially similar to the attached; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Resolution and Attachment 1 for Parcel 17

Page 69 of 354

LOCATION MAP
WK C HA
PO W

KI NGST ON

CT

Marietta


Dobbins ARB

41

FR

WA

A N KL IN

FOR EST L N

NE W

NK

LI

FR

KE T AR

KWY

O KV IE

RD

N ORT H WE S T P K WY

P E B BLE CR E EK RD

A N KL IN D R

R ESOURC E

BRO

BE E C

! (

280

LA K

G E DR ERI D

C APITAL

DELK RD
IR

OOD D R HW

SAN DS PL

E
HI

FR D

DR

BE N E TL

TE RP RISE WAY EN

! (
PA

W EL

Begin W YProject PK
DR


75
L LE D AN DR

End Project

NDY WI

RK

PO RT

CA S

IN

AI R

WI

DY

L HI L

RD

41

"

OR TH

""" " " "

PA

P RK L

" "" " "

TE

RD

TE

LE A R D R

LS T

LA

CL

EL

E P RK A

DR

AY

75

PK

RO DI

SW

ROL L ING V IEW DR

SPRIN G D R

BAT ES

Smyrna
WY

CA ROLYN D R

RID GE C R ES T

EP K

AF T ON

AR

W AY

HE

B REN D A D R

IN

RI

DG

I N TE

PK W

IN

FR

WI

W I LDW OO D PKW Y
ND Y HI LL

GH

Y
R
D

TR

TE

L R R EL

RD M IL L

RD

RD PO WE RS F ER R Y

E TH

N CH A EX

IL

GE

A ER S T I NT

" "

BB CO PK W Y

S H AD OW O OD PK

PK

W Y W

! (

Parcel 17

C IR

TA RS

TE

CI

TATE RS

PK W

VI LL

TEA

W O ODL A ND TE R

DR EY SL

AN D

AG

PA RK RD

CU M

BEL L D R

RD PIN UR

RL

BE

IL

DU

Cobb County Department of Transportation

Notes: Commission District 2

ST
RD
ON

LN
VD

C UM B

DR GO

R CI

BL


285

E RL
D AN
TO ER OV

ND E E D

EN ROY D R GL

! (

D R

BL VD

SP RING RD

KW

KE

RS

RK PA

DR

PROJECT: Windy Hill Road (West), Project No. E4030

DATE: January 28, 2014

Page 70 of 354

Page 71 of 354

Page 72 of 354

Agenda Item Number. 15

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Non-Federal Reimbursable Agreement No. AJW-FN-ESA-13-7209 with the U.S. Department of Transportation Federal Aviation Administration to relocate federally owned equipment at Cobb County Airport-McCollum Field from the existing air traffic control tower to the new air traffic control tower.

BACKGROUND
On December 20, 2012, the Board of Commissioners authorized the advertisement for and issuance of a Request for Qualifications and authorized the submission of a grant application to the Federal Aviation Administration (FAA) for the design and construction of a new air traffic control tower at Cobb County Airport-McCollum Field. The existing air traffic control tower, which is classified by the FAA as a non-federal control tower, utilizes both locally owned and federally owned equipment to assist the air traffic controllers in maintaining air traffic separation. The FAA requires the relocation of any federally owned equipment to be completed only by FAA authorized personnel; therefore, the County is required to enter into an Agreement with the FAA to relocate and recertify all FAA owned equipment from the existing air traffic control tower to the new air traffic control tower. The new control tower will also be classified by the FAA as a non-federal control tower. On July 9, 2013, the Board approved a design/build contract for the new air traffic control tower with Peter Brown Construction, Inc., in a total amount not to exceed $734,004.00, to include design costs of $272,531.00, project fee costs of $135,733.00, and project general condition costs of $325,740.00.

Page 73 of 354

Agenda Item Number. 15

The new air traffic control tower design is complete. Peter Brown Construction, Inc., is developing the Guaranteed Maximum Price for construction to begin in April 2014, to coincide with anticipated receipt of Federal funding. The Department is in receipt of FAA Non-Federal Reimbursable Agreement No. AJW-FNESA-13-7209 for expenses related to the relocation of federally owned air traffic control equipment from the existing air traffic control tower to the new air traffic control tower. The FAA estimates a total cost of $248,029.51 for the relocation work and requires advance payment of this estimate upon execution of the Agreement. Following completion of the work and final auditing, any unused funds advanced per this Agreement will be refunded to the County. The project is eligible for FAA and State of Georgia grant funding to reimburse Cobb County for 50 percent of eligible costs up to $2,500,000.00. The Agreement with the FAA has been reviewed by the County Attorney's Office.

FUNDING
Available in the Grant Fund with the following interfund transfer from the Airport Division's FY14 approved Reserve Budget: Transfer from: Transfer to: 010-050-0720-8852 (Fund Balance-Reserves) 270-050-G034-8120 (Professional Svcs-Bldgs & Structures) $248,029.51 $248,029.51

RECOMMENDATION
The Board of Commissioners approve Non-Federal Reimbursable Agreement No. AJW-FNESA-13-7209 with the U.S. Department of Transportation Federal Aviation Administration, in an amount not to exceed $248,029.51, to relocate federally owned equipment at Cobb County Airport-McCollum Field from the existing air traffic control tower to the new air traffic control tower; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Non-Federal Reimbursable Agreement with Department of Transportation Federal Aviation Administration

Page 74 of 354

AJW-FN-ESA-13-7209 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND COBB COUNTY COBB COUNTY AIRPORT-MCCOLLUM FIELD KENNESAW, GEORGIA WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which Cobb County (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAAs mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAAs mission; WHEREAS, the authority for the FAA to furnish material, supplies, equipment, and services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. 106(l)(6) on such terms and conditions as the Administrator may consider necessary; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA and Cobb County. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 U.S.C. 106(l)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization. ARTICLE 3. Scope A. The purpose of this Agreement between the FAA and the Sponsor is to relocate the FAA Terminal, Navaids, and Weather/Surveillance equipment from the old Air Traffic Control Tower (ATCT) or A80 to the new building at Cobb County Airport McCollum Field. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled:

Page 75 of 354

AJW-FN-ESA-13-7209 Relocate Telco and Relocate Equipment for New ATCT at Cobb County Airport B. The FAA will perform the following activities: 1. Provide guidance, technical assistance and review design drawings and specifications for the relocation work. This includes participating in a project kick-off meeting. The design reviews will be performed at the 60%, 90% and 100% stages and will have a maximum turnaround time of 30 calendar days. At minimum, the 90% design review meeting will include an on-site review meeting between the FAA and the Project Sponsors design team. Other on-site meetings will be scheduled according to project complexity. 2. Coordinate with the Sponsor to remove the existing FAA Terminal Equipment (FDIO, STARS, ILS OID and AWOS Monitor) and relocate it to its new location. The equipment shall be stored on airport property if the new ATCT is not prepared for installation. 3. Provide a Technical On-site Representative (TOR) during installation and tune-up of electronics equipment. The TOR will be on-site from the start of the electronics installation until the equipment passes cutover checks. 4. Coordinate project activities for FAA tasks. 5. Purchase electronics installation materials to facilitate the relocation of the equipment. The installation of these materials and tune-up of electronics equipment will be performed by FAA personnel. 6. Perform all cable terminations for FAA equipment 7. Continue to assume the current recurring cost of existing FTI and Telco lines associated with the ATCT. 8. Establish FAA Telecommunication Infrastructure (FTI) at the RYY ATCT. This will include eleven FTI operational services (7 existing plus 4 future Terminal Automation Modernization and Replacement (TAMR) services). Additionally, establish FTI mission support circuits and AWOS circuits. 9. Ensure the relocated/modified conduits and cables are installed in accordance with FAA standards and verify the satisfactory operation of the services. 10. Perform cable terminations or reconnections at FAA-owned facilities or equipment, or provide oversight if the terminations or reconnections are not performed by the FAA. 11. Ensure that all FAA site preparation work is completed prior to requesting Telco service orders to relocate the circuits to the new building.

Page 76 of 354

AJW-FN-ESA-13-7209 12. Conduct a Joint Acceptance Inspection (JAI) with the Project Sponsor. A formal list of exceptions will be given to the Project Sponsor within 15 calendar days of facility commissioning/restoration. Latent defects may be added to the list of exceptions through the formal process outlined in the JAI Order. C. The Sponsor will perform the following activities: 1. Conduct a project kick-off meeting with local and regional FAA representatives. The purpose of the meeting is to develop a project schedule for both design and implementation. It will also include a project overview to identify and take action to resolve any related issues. 2. Provide drawings and specifications that comply with the FAA CAEG Standards and current FAA design criteria. Design work will include identification of work tasks and constraints for the development of construction schedules. Provide five sets of design packages for FAA review at 60%, 90%. and 100% stages. Design packages that must be sent simultaneously to different FAA organizations for review. Copies of the final design package (after all FAA review comments are incorporated) will be furnished to the FAA in paper, electronic file transfer, and Portable Document File (pdf) form prior to the start of construction. See the Engineering Services Terminal Design Team manager (404) 389-8681 for details. 3. Provide as-built drawings to the FAA in paper and electronic file transfer form. 4. Provide a designated representative who will be readily available to the FAA during construction contract. This representative will be responsible for addressing FAA concerns to the Project Sponsors contractor. 5. Obtain all necessary construction and environmental permits, easements, and encroachments permits. This work includes meeting all airport security requirements, submitting 7460-1 (Airspace Study), 7460-2 (Notice of Construction) and performing airspace evaluations. 6. Furnish and install all power and communications cables and provide adequate space, AC power and ground infrastructure to support the FTI CPE reconnection at the new location. 7. Construct all required foundations and infrastructure per FAA standards. 8. Test and terminate all cable per FAA standards. 9. Formally notify the Engineering Services Terminal Implementation Team Manager at (404) 389-8681 a minimum of 30 calendar days in advance of major project milestones for coordination of activities. Major milestones shall include formal design reviews, Notice to Proceed (NTP), changes to the project schedule, and formal inspections. A project schedule must be presented to the FAA in advance of the NTP for planning and tracking purposes.

Page 77 of 354

AJW-FN-ESA-13-7209 10. Arrange for installing a primary power service to each facility 11. Coordinate with required agencies for the outage of FTI and airfield services at the site during the switch over and execution of the relocation project. 12. Provide the FAA Communications Engineering Center a minimum of 90 day notice prior to commissioning date for the FAA to coordinate all FTI Telco supporting the relocation. 13. Participate in CAI(s) and final JAI with FAA representatives and correct construction exceptions as noted. If exceptions are not corrected within 45 calendar days, the FAA will clear remaining CAI/JAI exceptions and charge the cost to the sponsor through the reimbursable agreement. All exceptions must be cleared or otherwise resolved before the agreement can be closed out. D. This agreement is in whole or in part funded with funding from an AIP grant [ ] Yes [ X ] No. If Yes, the grant date is:________ and the grant number is: _________________. ARTICLE 4. Points of Contact A. FAA: 1. The Eastern Service Area, Atlanta Communications Engineering Center will perform the scope of work included in this Agreement. Eron Osman is the Terminal Engineering liaison with the Sponsor and can be reached at (404) 3898681. The Navaids Engineering liaison is Jerry Turnipseed and can be reached at (404) 389-8609. Kevin Willis is the Communications Engineering liaison and can be reached at (404) 389-8866. These liaisons are not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. FAA Contracting Officer: The execution, modification, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Gail Edwards who can be reached at 404-305-5182. B. Sponsor: Mr. Karl A. Von Hagel 1723 Mc Collum Pkwy Bldg 100 Kennesaw, GA 30144 (770) 528-1615 ARTICLE 5. Non-Interference with Operations

Page 78 of 354

AJW-FN-ESA-13-7209 The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facility, system, and/or equipment covered by this Agreement during its term or any renewal thereof made necessary by Sponsor improvements, changes, or other actions which in the FAAs opinion interfere with the technical and/or operations characteristics of an FAA facility, system, and/or piece of equipment will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the parties will determine funding responsibility. ARTICLE 6. Property Transfer Reserved. ARTICLE 7. Estimated Costs The estimated FAA costs associated with this Agreement are as follows: Terminal WBS 4020 Engineering - Design WBS 4060 Site Prep/Install/Test Subtotal Overhead Estimated Cost Navaids WBS 4020 Engineering/Electronics Design WBS 4060 Site Prep/Install/Test Subtotal Overhead Estimated Cost Weather/Surveillance WBS 4020 Engineering/Electronics Design WBS 4060 Site Prep/Install/Test Subtotal Overhead Estimated Cost Telecommunications WBS 4080 FTI Telco Services/Install Subtotal Overhead Estimated Cost Estimated Cost $13,155.55 $92,372.00 $105,527.55 $25,914.55 $131,442.10 Estimated Cost $17,735.27 $52,211.87 $69,947.14 $20,567.26 $90,514.40 Estimated Cost $4,271.13 $4,605.83 $8,876.97 $3,208.89 $12,085.86 Estimated Cost $13,195.42 $13,195.42 $791.73 $13,987.15

Page 79 of 354

AJW-FN-ESA-13-7209

Total Cost Terminal Navaids Weather/Surveillance Telecommunications Total Estimated Cost

Estimated Cost $131,442.10 $90,514.40 $12,085.86 $13,987.15 $248,029.51

ARTICLE 8. Period of Agreement and Effective Date The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section E of this Agreement. Under no circumstances will this Agreement extend five years beyond its effective date. ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and full advance payment in the amount stated in Article 7 to the Accounting Division listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Accounting Division is identified by the FAA as the billing office for this Agreement. The Sponsor will send a copy of the executed Agreement and the full advance payment to the Accounting Division shown below. All payments must include the Agreement number, Agreement name, Sponsor name, and project location. The mailing address is: FAA Mike Monroney Aeronautical Center Attn: AMZ-330, Reimbursable Project Team P.O. Box 25082 Oklahoma City, OK 73125 The overnight mailing address is: FAA Mike Monroney Aeronautical Center Attn: AMZ-330, Reimbursable Project Team 6500 S. MacArthur Blvd. Oklahoma City, OK 73169

Page 80 of 354

AJW-FN-ESA-13-7209 Telephone: 405-954-2828 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: Mr. Karl A. Von Hagel 1723 McCollum Pkwy Bldg 100 Kennesaw, GA 30144 (770) 528-1615 D. The FAA will provide a quarterly Statement of Account of costs incurred against the advance payment. E. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be modified to recover the FAAs actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor a modification to the Agreement which includes the FAAs additional costs. The Sponsor agrees to prepay the entire estimated cost of the modification. The Sponsor will send a copy of the executed modification to the Agreement to the FAA-Mike Monroney Aeronautical Center with the additional advance payment. Work identified in the modification cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Modifications Changes and/or modifications to this Agreement will be formalized by a written modification that will outline in detail the exact nature of the change. Any modification to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent modification(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as modifying or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be modified, whereupon the parties will consult to consider such modifications. ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case

Page 81 of 354

AJW-FN-ESA-13-7209 on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments ARTICLE 13. Legal Authority This Agreement is entered into under the authority of 49 U.S.C. 106(l)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. 46110). ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement.

Page 82 of 354

AJW-FN-ESA-13-7209 ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14-2, Contractor Personnel Suitability Requirements are met.

Page 83 of 354

AJW-FN-ESA-13-7209 ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any modification to this Agreement, the terms of such modification will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any modifications thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. AGREED:
FEDERAL AVIATION ADMINISTRATION SIGNATURE NAME TITLE DATE Contracting Officer SIGNATURE NAME TITLE DATE COBB COUNTY

Page 84 of 354

Agenda Item Number. 16

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting firms for Task Order Contracts for Professional Services, and authorize issuance of a Request for Proposals to secure these services.

BACKGROUND
On November 22, 2011, Board of Commissioners amended the Policy for Procurement of Professional Services to include Task Order Contracting as Selection Process 4. On May 8, 2012, the Board approved Master Task Order Contracts with 21 firms to provide professional consulting services for a two year period. These contracts will be expiring soon. The Department recommends issuing a Request for Proposals to secure Task Order Contracting for a two year period for the following services: Engineering Design, Planning, Geotechnical, Transit and Aviation. The Department would select five to eight firms for the Engineering Design categories and three to five firms for the Planning, Transit, Aviation, and Geotechnical categories. Task Orders will be issued by the Department to the selected firms on an as needed basis. Task Order Contracts will be designed not to exceed a yearly maximum of $350,000.00 per firm. The Department will continue to utilize existing County procurement policies, as adopted by the Board of Commissioners. The Task Order based contracts allow the Department to recognize savings of staff time and other resources, as well as increase efficiency, by eliminating the requirements to advertise qualified projects individually. Task Order contracts provide the flexibility and efficiency to have on call expertise that may be required quickly for smaller, defined tasks. Each task order, including specifics of the task and associated costs, are brought Page 85 of 354

Agenda Item Number. 16

to the Board of Commissioners for approval.

The Department anticipates awarding contracts for Task Order services that could exceed $100,000.00, and therefore requests that the Board authorize the advertisement for and conduct of a public hearing prior to expending these funds. According to the State of Georgia code, the Board is required to conduct a public hearing prior to expending funds of $100,000.00 or more to employ an independent consulting firm to conduct an independent study or survey.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting firms for Task Order Contracts for Professional Services, and further authorize the issuance of a Request for Proposals to secure these services.

Page 86 of 354

Agenda Item Number. 17

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1, 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a Cobb Framework Agreement with the Town Center Area Community Improvement District for the Town Center/Noonday Creek Trail/Kennesaw State University Bicycle/Pedestrian Connector, State P.I. No. 0012874, Cobb County Project No. TR472.

BACKGROUND
The Town Center/Noonday Creek Trail/Kennesaw State University (KSU) Bicycle/Pedestrian Connector is an approved project in the Atlanta Regional Commission (ARC) PLAN 2040 Regional Transportation Plan, designated as State P.I. No. 0012874 and ARC Project No. CO449. The scope of this project will provide pedestrian and bicycle improvements from north of Town Center Mall to the KSU Stadium/Sports Complex, continuing northward to the Skip Spann Connector. The Department is in receipt of a Project Framework Agreement (PFA) from the Georgia Department of Transportation (GDOT). Under the terms of the agreement, Federal/State funding for preliminary engineering costs is available under the Transportation Alternatives Program, in an amount not to exceed $200,000.00. A local match of $50,000.00 is required to receive the Federal/State funding. The PFA with GDOT is being presented to the Board of Commissioners concurrent with this item. The Cobb Framework Agreement (CFA) details the responsibilities of the Town Center Area Community Improvement District (TCACID) and Cobb County. Under the terms of the CFA, the TCACID agrees to fund the required local match of $50,000.00, and will also be responsible for funding any costs that exceed the Federal/State funding maximum for preliminary engineering. The Departments role will be to provide bidding administration, engineering, and construction oversight.
Page 87 of 354

Agenda Item Number. 17

The CFA has been reviewed by the County Attorney's Office.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve a Cobb Framework Agreement with the Town Center Area Community Improvement District for the Town Center/Noonday Creek Trail/Kennesaw State University Bike/Pedestrian Connector, State P.I. No. 0012874, Cobb County Project No. TR472, in a form substantially similar to the attached and as approved by the County Attorney's office; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Cobb Framework Agreement to be provided under separate cover

Page 88 of 354

LOCATION MAP
ETHRI

EB GE ORG
CLUB DR

DGE DR

NORT

HB

SHILOH TRL E

FR

KW Y
TOWNPA RK

STATION L

SUBURBAN DR

DR
LA K E SIDE PT

TH

LA K

ES ID

A RTLEY WOODS DR
PARKWOO D DR

E DR

Kennesaw State University

TO

PAR K LN WN

L AK

ES

IDE D R

BL

Begin Project
CH
ANTY RD BIG SH

E DO N

DR

CH AS TA IN

RD

WI

IN TA S A

RD

Center

k KSU

RT D


575

LOCK HA

RD

PK W

DU

NC

AN

P BUSBEE KW

ek T r a i l

GE OR GE

N o on

McCollum Field

W TO

ER NT CE

BARRETT LAKES BLVD

ROBERTS BLVD

O UT

R PA

DR

! (

5 CO

ER

ROBE

VAU

D NR GH

ST NE

BA

R T S CT

CO

BB

o nd a y C ee k No r Tra

il

PL

E AC

VD BL

da

DR

TT RE

W PK

CHASTA IN

PARKSTONE WA Y

AL LEY DR SHILO H V

Cobb County Department of Transportation

PROJECT: Town Center/Noonday Creek Trail/ Kennesaw State University Bicycle/ Pedestrian Connector Project No. TR472

DATE: February 11, 2014

Notes: Commission Districts 1 and 3

Page 89 of 354

RIDGEWOOD DR

yC

Town Center Mall

End Project

re

MEADO WS

PRA DO

BI G

SHA

NTY

RD

BI G


75

! (

Noon

da y

H ANTY TRL

Kennesaw
R

KSU Stadium

BIG S H AN

T Y RD

l e k Trai
LN

CR

ST

I NS LA

NG

OO TH

DILLARD DR

RD

DR

BE E US

ESTMORE DR

ION DR AT

E RD L AK EY

Y FRE

CAM P

RD

U S LOOP R D

O ILS W

PKWY LUM COL MC

RD

S BU BE ED R

RRY BELLS F E

RD

re

License Agreement to be provided under separate cover.

Page 90 of 354

Agenda Item Number. 18

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1, 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a Project Framework Agreement with the Georgia Department of Transportation for the Town Center/Noonday Creek Trail/Kennesaw State University Bicycle/Pedestrian Connector, State P.I. No. 0012874, Cobb County Project No. TR472.

BACKGROUND
The Town Center/Noonday Creek Trail/Kennesaw State University (KSU) Bicycle/Pedestrian Connector is an approved project in the Atlanta Regional Commission (ARC) PLAN 2040 Regional Transportation Plan, designated as State P.I. No. 0012874 and ARC Project No. CO449. The scope of this project will provide pedestrian and bicycle improvements from north of Town Center Mall to the KSU Stadium/Sports Complex, continuing northward to the Skip Spann Connector. The Department is in receipt of a Project Framework Agreement (PFA) from the Georgia Department of Transportation (GDOT). Under the terms of the agreement, Federal/State funding for preliminary engineering costs is available under the Transportation Alternatives Program, in an amount not to exceed $200,000.00. A local match of $50,000.00 is required to receive the Federal/State funding. As this project is located within the Town Center Area Community Improvement District (TCACID), the TCACID has agreed to fund the required local match of $50,000.00. A Cobb Framework Agreement (CFA) between Cobb County and the TCACID is being presented to the Board of Commissioners concurrent with this item. Under the terms of the CFA, the TCACID will be responsible for funding any costs that exceed the Federal/State funding maximum for preliminary engineering.
Page 91 of 354

Agenda Item Number. 18

The PFA has been reviewed by the County Attorney's Office.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve a Project Framework Agreement with the Georgia Department of Transportation for the Town Center/Noonday Creek Trail/Kennesaw State University Bicycle/Pedestrian Connector, State P.I. No. 0012874, Cobb County Project No. TR472; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 92 of 354

LOCATION MAP
ETHRI

EB GE ORG
CLUB DR

DGE DR

NORT

HB

SHILOH TRL E

FR

KW Y
TOWNPA RK

STATION L

SUBURBAN DR

DR
LA K E SIDE PT

TH

LA K

ES ID

A RTLEY WOODS DR
PARKWOO D DR

E DR

Kennesaw State University

TO

PAR K LN WN

L AK

ES

IDE D R

BL

Begin Project
CH
ANTY RD BIG SH

E DO N

DR

CH AS TA IN

RD

WI

IN TA S A

RD

Center

k KSU

RT D


575

LOCK HA

RD

PK W

DU

NC

AN

P BUSBEE KW

ek T r a i l

GE OR GE

N o on

McCollum Field

W TO

ER NT CE

BARRETT LAKES BLVD

ROBERTS BLVD

O UT

R PA

DR

! (

5 CO

ER

ROBE

VAU

D NR GH

ST NE

BA

R T S CT

CO

BB

o nd a y C ee k No r Tra

il

PL

E AC

VD BL

da

DR

TT RE

W PK

CHASTA IN

PARKSTONE WA Y

AL LEY DR SHILO H V

Cobb County Department of Transportation

PROJECT: Town Center/Noonday Creek Trail/ Kennesaw State University Bicycle/ Pedestrian Connector Project No. TR472

DATE: February 11, 2014

Notes: Commission Districts 1 and 3

Page 93 of 354

RIDGEWOOD DR

yC

Town Center Mall

End Project

re

MEADO WS

PRA DO

BI G

SHA

NTY

RD

BI G


75

! (

Noon

da y

H ANTY TRL

Kennesaw
R

KSU Stadium

BIG S H AN

T Y RD

l e k Trai
LN

CR

ST

I NS LA

NG

OO TH

DILLARD DR

RD

DR

BE E US

ESTMORE DR

ION DR AT

E RD L AK EY

Y FRE

CAM P

RD

U S LOOP R D

O ILS W

PKWY LUM COL MC

RD

S BU BE ED R

RRY BELLS F E

RD

re

Agenda Item Number. 19

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., for intersection improvements on Cumberland Parkway at Paces Ferry Road, Cumberland Community Improvement District Project No. CCID-1027, Cobb County Project No. TR461, MIS Contract No. 000508.

BACKGROUND
Cumberland Parkway at Paces Ferry Road is an intersection improvements project located within the Cumberland Community Improvement District (CCID). On January 11, 2012, the Board of Commissioners approved a contract with Baldwin Paving Company, Inc., for intersection improvements on Cumberland Parkway at Paces Ferry Road. The project consisted of improving the existing intersection by constructing dual left-turn lanes, from westbound Paces Ferry Road onto Cumberland Parkway, to reduce delay for westbound traffic and provide additional storage for vehicles turning left onto southbound Cumberland Parkway. Additional improvements included the installation of a new mast arm traffic signal to accommodate the dual left-turn lanes, pedestrian improvements to include Americans with Disabilities Act compliant curb ramps in all four corners of the intersection, refuge islands for pedestrian safety, realigned crosswalks, and an increased turning radius in the southwest corner of the intersection. A right-turn slip lane was also constructed in the northeast corner of the intersection. The CCID agreed to fund 100 percent of the total roadway construction and Water System costs. The CCID also agreed to be responsible for the maintenance of all landscape and hardscape installed on the project.
Page 94 of 354

Agenda Item Number. 19

Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., a savings to the project in the amount of $84,214.84, is requested due to variations between the original and final plan quantities, including underruns to asphaltic patching, leveling quantities, and construction allowance. These are the final changes necessary to close this contract with Baldwin Paving Company, Inc. Original Contract Change Order No. 1 (final) Revised Contract $750,411.50 ($84,214.84) $666,196.66

FUNDING
A savings to the Capital Projects Fund. Decrease GAE 380011012409: 380-050-4638-8462-TR461-C $68,244.84 A savings to the Water Systems Miscellaneous County Roadway Improvements Adopted CIP Budget with the following budget transfers: Decrease GAE 510011012409: 510-500-5756-8260-W4252-C $15,970.00 Transfer from: Cumberland Parkway at Paces Ferry Road Intersection Improvements Interest Expense on Retainage Contingency 510-500-5756-6613 W4252-A 510-500-5756-8810 W4252-T Total: Transfer to: Miscellaneous Roadway Improvements Preliminary Estimates 510-500-5756-8005 W4702-Z $ 499.93 $ 100.00 $ 599.93

$ 599.93

Decrease appropriation of Cumberland Community Improvement District (CCID) revenue as follows: Decrease Revenue Appropriation: 380-050-4638-4505-TR461-C 510-500-5756-4505-W4252-C Decrease Expenditure Appropriation: 380-050-4638-8762-TR461-C 510-500-5756-8260-W4252-C
Page 95 of 354

$68,244.84 $15,970.00 $68,244.84 $15,970.00

Agenda Item Number. 19

RECOMMENDATION
The Board of Commissioners approve Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., a savings to the project in the amount of $84,214.84, for intersection improvements on Cumberland Parkway at Paces Ferry Road, Cumberland Community Improvement District Project No. CCID-1027, Cobb County Project No. TR461, MIS Contract No. 000508; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 96 of 354

Agenda Item Number. 20

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To adopt a resolution authorizing the submission of an application to the Georgia Department of Human Services for FY15 Federal Transit Administration Section 5310 Program funding.

BACKGROUND
On August 13, 2013, the Board of Commissioners approved a contract with the Georgia Department of Human Services (DHS) for FY14 Federal Transit Administration (FTA) Section 5310 Program funding. FTA Section 5310 Program funds, which are targeted for providing transportation services to seniors and persons with disabilities, are managed by Georgia State DHS. Under the State Management Plan, DHS contracts with only one entity per County. The County entity may then sub-allocate funds to other entities to serve target populations. Due to expanding partnerships and programs related to the FTA Section 5310 Program in Cobb, DHS has requested to continue to contract directly with Cobb County for the FY15 FTA Section 5310 Program funding. As the lead agency, Cobb County will sub-allocate funds to Right in the Community, Inc., Cobb/Douglas Community Services Board, the Division of Family and Children Services, Cobb Senior Services, and Briggs & Associates, Inc. A portion of the funds will be retained for Cobb Community Transit's related program services. The Cobb County Department of Transportation will perform administrative oversight of the program, and will track spending and distribute fare media to service providers and clients. The Department recommends the Board adopt a resolution authorizing the submission of an application to the DHS for FY15 FTA Section 5310 Program funding. The application deadline is February 19, 2014.
Page 97 of 354

Agenda Item Number. 20

IMPACT STATEMENT
If approved, the FY15 FTA Section 5310 Program funding award will be a continuation of the FY14 program with DHS. As the contracted entity, existing County staff will continue to administer the program to ensure adherence with State and Federal regulations. Additionally, following final approval of the application to DHS and notification of the funding allocation award, the Department will present an agenda item to the Board requesting approval of a contract with DHS to administer the FY15 funding and authorization to appropriate the FY15 FTA Section 5310 Program funding. An agenda item will also be presented at a later date to approve Memorandums of Understanding with all sub-recipients of the FY15 funding. No local match will be required for this program.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt a resolution authorizing the submission of an application to the Georgia Department of Human Services (DHS) for FY15 Federal Transit Administration (FTA) Section 5310 Program funding, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Resolution

Page 98 of 354

RESOLUTION Resolution authorizing the filing of an application with the Georgia Department of Human Services, fore Federal transportation assistance from the Federal Transit Administrations 5310 program (49 U.S.C. 5310/MAP 21 Section 20009). This is a formula program intended to enhance mobility for seniors and persons with disabilities by providing funds for programs to serve the special needs of transit-dependent populations beyond traditional public transportation services and Americans with Disabilities Act (ADA) complementary paratransit services. WHEREAS, the Georgia Department of Human Services has been delegated as the state recipient to receive Federal financial assistance for transportation projects under the Section 5310 Program: WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon Cobb County; WHEREAS, Cobb County has provided or will provide all certifications and assurances to the Georgia Department of Human Services required for the project; NOW, THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissioners authorize the filing of an application by Cobb County with the Georgia Department of Human Services; 1. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute and file an application for Federal assistance on behalf of Cobb County with the Georgia Department of Human Services. 2. That the Chairman of the Cobb County Board of Commissioners is authorized to execute and file with its application the certifications and assurances and other document the Georgia Department of Human Services requires before awarding a Federal assistance grant or cooperative agreement. 3. That the Chairman of the Cobb County Board of Commissioners is authorized to execute grant and cooperative agreements wit the Georgia Department of Human Services on behalf of Cobb County. CERTIFICATION The undersigned duly qualified Chairman of the Cobb County Board of Commissioners, acting on behalf of the Cobb County Board of Commissioners, certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the Cobb County Board of Commissioners held on February 11, 2014. This _______ day of ______________________, 2014

_________________________________________________ Timothy D. Lee, Chairman Cobb County Board of Commissioners

Page 99 of 354

Agenda Item Number. 21

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To adopt a resolution authorizing the submission of a FY14 Section 5337 Grant application (Grant No. GA-54-0002) to the Federal Transit Administration for transit capital projects.

BACKGROUND
A two-year transportation authorization entitled Moving Ahead for Progress in the 21st Century (MAP-21) was signed into law on July 6, 2012. The new law authorized funding in FY13 and FY14 for public transportation. MAP-21 furthers several important goals including safety, state of good repair, performance, and program efficiency. Under MAP-21, various grant funding programs were restructured through consolidation, elimination, or creation of new programs. A new formula-based State of Good Repair program was established under the Section 5337 program, which is Federal Transit Administration's (FTA) first stand-alone initiative written into law dedicated specifically to repairing and upgrading transit systems that operate vehicles in High-Occupancy Vehicle lanes (HOV) or fixed guide-way transit. These funds reflect a commitment to ensuring that public transit operates safely, efficiently, reliably, and sustainably so that communities can offer balanced transportation choices that help to improve mobility, reduce congestion, and encourage economic development. Projects under this program are limited to replacement and rehabilitation projects or capital projects required to maintain public transportation systems in a state of good repair. The funding is allocated by formula through the regional planning and programming process, which is based primarily on vehicle revenue miles and HOV route miles. The amount of federal funding attributable to the County is calculated based on actual operations data submitted to the National Transit Database, a mandated report submitted annually to FTA.
Page 100 of 354

Agenda Item Number. 21

The Department has been notified that $311,982.00 in federal funding is currently available to the County under the FTA Section 5337 Grant program. To obtain these federal funds, the Board of Commissioners must adopt a Resolution authorizing the submission of a grant application to the FTA. Federal funding will provide 80 percent, or $311,981.00, of the total requested project cost of $389,977.00. There is no State funding available at this time; therefore a 20 percent local match, or $77,996.00, will be required.

IMPACT STATEMENT
The FTA FY14 Section 5337 Grant will provide additional funding for capital projects in an amount not to exceed $389,977.00, which includes $311,981.00 in federal funding and $77,996.00 in local match funding. No State funds are available at this time to assist with the local match. The required 20 percent local match of $77,996.00 is available in the Department's FY14 approved Capital Projects Fund budget.

FUNDING
Federal funding is available in the FY14 approved Transit Capital Fund with the following appropriation of FTA FY14 Section 5337 Grant funds:

Increase Revenue Appropriation:

202-050-4851-4448 (FTA 5337-State of Good Repair) 202-050-4851-8005 (Fixed Route Buses)

$311,981.00

Increase Expenditure Appropriation:

$311,981.00

Local funding is available in the FY14 approved Transit Capital Fund with the following interfund transfer from the Capital Projects Fund:

Transfer from: Transfer to:

380-050-4564-4960/8005 (Interfund Transfer/Local Match-Capital Projects) 202-050-4851-4960/8005 (Interfund Transfer/Fixed Route Buses)

$77,996.00 $77,996.00

RECOMMENDATION
The Board of Commissioners adopt a resolution authorizing the submission of a FY14 Section 5337 Grant application (Grant No. GA-54-0002) to the Federal Transit Administration, in an amount not to exceed $389,977.00, for transit capital projects; authorize the corresponding Page 101 of 354

Agenda Item Number. 21

budget transactions; and further authorize the Chairman, or his designee, to execute the necessary documents.

ATTACHMENTS
Resolution FY14 FTA Section 5337 Grant Application Project List

Page 102 of 354

RESOLUTION Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for Federal transportation assistance authorized by 49 U.S.C. chapter 53, title 23 United States Code and other Federal statutes administered by the Federal Transit Administration. WHEREAS, the Federal Transit Administrator has been delegated authority to award Federal financial assistance for a transportation project; WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon Cobb County, and may require Cobb County to provide the local share of the project cost; WHEREAS, Cobb County has provided or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissioners authorize the filing of a grant by Cobb County with the Federal Transit Administration, Department of Transportation, United States of America in an amount not to exceed $389,977.00; 1. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute and file an application for Federal assistance on behalf of Cobb County with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute and file with its application the annual certifications and assurances and other documents the Federal Transit Administration requires before awarding a Federal assistance grant or cooperative agreement. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of Cobb County.

2.

3.

CERTIFICATION The undersigned duly qualified Chairman of the Cobb County Board of Commissioners, acting on behalf of the Cobb County Board of Commissioners, certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the Cobb County Board of Commissioners held on February 11, 2014. This _____ day of , 2014

________________________ Timothy D. Lee, Chairman Cobb County Board of Commissioners


Page 103 of 354

FY14 FTA SECTION 5337 GRANT APPLICATION PROJECT LIST Grant No. GA-54-0002

Capital Projects Fixed Route Bus Replacement Subtotal - Capital Projects Total Grant

Project Cost $ 389,977.00 $ 389,977.00 $ 389,977.00

Page 104 of 354

Agenda Item Number. 22

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority for FY14 Federal Transit Administration Section 5339 Bus and Bus Facilities Capital Assistance Grant funding for Cobb Community Transit.

BACKGROUND
On October 8, 2013, the Board of Commissioners adopted a resolution authorizing the submission of a FY14 Section 5339 Grant application (Grant No. GA-34-0002) to the Federal Transit Administration (FTA) for transit capital projects. Federal funding was to provide 80 percent, or $674,048.00, of the total project cost of $842,560.00. A 20 percent local match, or $168,512.00, was required. Local matching funds for this FY14 FTA Section 5339 Grant are available in the Department's approved Capital Projects Fund budget. Federal regulations regarding FTA funding stipulates that in urbanized areas with over 200,000 in population, the Chief Executive Officer of the State must designate one or more public bodies to be the recipient(s) of certain FTA funds. The Governor of the State of Georgia has designated the Metropolitan Atlanta Rapid Transit Authority (MARTA) as the designated recipient of most FTA funding in the Atlanta area, including the Bus and Bus Facilities Capital Assistance Grant funding. The Department was recently notified by the FTA that Federal regulations applicable to this new program prescribe that MARTA, as the designated recipient, must apply for all Section 5339 Grant funds allocated to the region on behalf of eligible transit operators; therefore, Cobb County can not apply for these funds directly to FTA as previously approved by the Board. In order for Cobb County to receive its share of funding allocated under this program, the County must enter into a Subgrant Agreement with MARTA. For this reason, FY14 Section 5339 Grant Application No. GA-34-0002 will not be submitted to the FTA. Page 105 of 354

Agenda Item Number. 22

The FY14 Section 5339 Grant funding allocation will be utilized to purchase replacement buses for Cobb Community Transits aging fleet, and for associated administrative costs. The Department recommends the Board authorize the Department of Transportation Strategic Planning & Grants Administrator to be the representative to coordinate with MARTA in connection with the executed Subgrant Agreement on behalf of the County, and to provide such additional information as may be required. The Subgrant Agreement, which was approved by the MARTA Board on February 6, 2014, has been reviewed by the County Attorney's Office.

IMPACT STATEMENT
The FTA FY14 Section 5339 Grant will provide additional funding for capital projects in an amount not to exceed $842,560.00, which includes $674,048.00 in Federal funding and $168,512.00 in local match funding. No State funds are available at this time to assist with the local match. The required 20 percent local match of $168,512.00 is available in the Department's FY14 approved Capital Projects Fund budget.

FUNDING
Federal funding is available in the FY14 approved Transit Capital Fund with the following appropriation of FTA FY14 Section 5339 Grant funds:

Increase Revenue Appropriation: 202-050-4851-4447 (FTA 5339-Bus & Bus Facilities) Increase Expenditure Appropriation: 202-050-4851-8005 (Fixed Route Buses)

$674,048.00

$674,048.00

Local funding is available in the FY14 approved Transit Capital Fund with the following interfund transfer from the Capital Projects Fund: Transfer from: 380-050-4564-4960/8005 (Interfund Transfer/Local Match-Capital Projects) 202-050-4851-4960/8005 (Interfund Transfer/Fixed Route Buses) $168,512.00

Transfer to:

$168,512.00

Page 106 of 354

Agenda Item Number. 22

RECOMMENDATION
The Board of Commissioners approve a Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority (MARTA), in an amount not to exceed $842,560.00, for FY14 Federal Transit Administration Section 5339 Bus and Bus Facilities Capital Assistance Grant funding for Cobb Community Transit; authorize the corresponding budget transactions; authorize the Department of Transportation Strategic Planning and Grants Administrator to coordinate with MARTA regarding the executed Subgrant Agreement; and further authorize the Chairman or his designee to execute the necessary documents.

ATTACHMENTS
MARTA Subgrant Agreement to be provided under separate cover.

Page 107 of 354

MARTA Subgrant Agreement to be provided under separate cover.

Page 108 of 354

Agenda Item Number. 23

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Baker 01, Summit Baptist Church, 4310 Moon Station Lane, Acworth GA 30101 by giving a portion of the precinct to existing precinct North Cobb 01, Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144.

BACKGROUND
The current facility housing precinct North Cobb 01, Cobb Vineyard Christian Fellowship, will accommodate the new registered voter base of 1,707. This change is for the convenience of the voters and easier election administration. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A

Page 109 of 354

Agenda Item Number. 23

RECOMMENDATION
The Board of Commissioners authorize a boundary change to existing Baker 01, Summit Baptist Church, 4310 Moon Station Lane, Acworth GA 30101 by giving a portion of the precinct to existing precinct North Cobb 01, Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144.

ATTACHMENTS
BK01 Boundary Map

Page 110 of 354

Page 111 of 354

Agenda Item Number. 24

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to precinct Chattahoochee 01 by giving a portion of the precinct to Dobbins 01, International Gospel Outreach Church, 1101 Windy Hill Rd, Smyrna GA 30080 and changing the polling location from Cobb County Chamber of Commerce, 240 Interstate North Pkwy, Atlanta GA 30339 to Cumberland Community Church, 3110 Sports Ave., Smyrna GA 30080.

BACKGROUND
The portion of the precinct being given to precinct Dobbins 01 currently houses no voters. The voters in precinct Chattahoochee 01 will now vote at Cumberland Community Church, 3110 Sports Ave., Smyrna GA 30080. The facility housing Cumberland Community Church will accommodate the new registered voter base of 3,981. This change is recommended for easier election administration and because Cobb County Chamber of Commerce is no longer available. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A
Page 112 of 354

Agenda Item Number. 24

RECOMMENDATION
The Board of Commissioners authorize a boundary change to precinct Chattahoochee 01 by giving a portion of the precinct to precinct Dobbins 01, currently voting at International Gospel Outreach Church, 1101 Windy Hill Rd, Smyrna GA 30080 and changing the polling location from Cobb County Chamber of Commerce, 240 Interstate North Pkwy, Atlanta GA 30339 to Cumberland Community Church, 3110 Sports Ave., Smyrna GA 30080.

ATTACHMENTS
CA01 Boundary Map

Page 113 of 354

Page 114 of 354

Agenda Item Number. 25

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Dobbins 01, currently voting at International Gospel Outreach Church, 1101 Windy Hill Road, Smyrna GA 30080, by receiving a portion of precinct Chattahoochee 01.

BACKGROUND
The portion of precinct Chattahoochee 01 being given to Dobbins 01 currently houses no voters at this time. Voters at the reconfigured Dobbins 01 will continue to vote at International Gospel Outreach Church, 1101 Windy Hill Road, Smyrna GA 30080. The registered voter base remains unchanged at 2,873. This change is recommended for easier election administration. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners.

FUNDING
N/A

RECOMMENDATION
Page 115 of 354

Agenda Item Number. 25

The Board of Commissioners authorize a boundary change to existing precinct Dobbins 01, currently voting at International Gospel Outreach Church, 1101 Windy Hill Road, Smyrna GA 30080, by receiving a portion of precinct Chattahoochee 01.

ATTACHMENTS
DI01 Boundary Map

Page 116 of 354

Page 117 of 354

Agenda Item Number. 26

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Kemp 03, Burnt Hickory Baptist Church, 5145 Due West Road, Powder Springs GA 30127, by receiving a portion of precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127. The existing precinct Red Rock 01 will be dissolved.

BACKGROUND
Voters at the reconfigured Kemp 03 will vote at Burnt Hickory Baptist Church, 5145 Due West Road, Powder Springs GA 30127. The facility will accommodate the new registered voter base of 3,200. This change is recommended for the convenience of the voters and because Lost Mountain Baptist Church is no longer available. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A

RECOMMENDATION
Page 118 of 354

Agenda Item Number. 26

The Board of Elections authorize a boundary change to existing precinct Kemp 03, Burnt Hickory Baptist Church, 5145 Due West Road, Powder Springs GA 30127, by receiving a portion of precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127. The existing precinct Red Rock 01 will be dissolved.

ATTACHMENTS
KP03 Boundary Map

Page 119 of 354

Page 120 of 354

Agenda Item Number. 27

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Lost Mountain 03, Boots Ward Recreation Center, 4845 Dallas Hwy, Powder Springs GA 30127, by receiving a portion of precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127. The existing precinct Red Rock 01 will be dissolved.

BACKGROUND
Voters at the reconfigured Lost Mountain 03 will vote at Boots Ward Recreation Center, 4845 Dallas Hwy, Powder Springs GA 30127. The facility will accommodate the new registered voter base of 3,900. This change is recommended for the convenience of the voters and because Lost Mountain Baptist Church is no longer available. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A

RECOMMENDATION
Page 121 of 354

Agenda Item Number. 27

The Board of Commissioners authorize a boundary change to existing precinct Lost Mountain 03, Boots Ward Recreation Center, 4845 Dallas Hwy, Powder Springs GA 30127, by receiving a portion of precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127. The existing precinct Red Rock 01 will be dissolved.

ATTACHMENTS
LM03 Boundary Map

Page 122 of 354

Page 123 of 354

Agenda Item Number. 28

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Lewis 01, Lewis Elementary School, 4179 Jim Owens Rd., Kennesaw GA 30152, by giving a portion of the precinct to existing precinct North Cobb 01, Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144.

BACKGROUND
The current facility housing precinct North Cobb 01, Cobb Vineyard Christian Fellowship will accommodate the new registered voter base of 1,707. This change is for easier election administration. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A

RECOMMENDATION
Page 124 of 354

Agenda Item Number. 28

The Board of Commissioners authorize a boundary change to existing precinct Lewis 01, Lewis Elementary School, 4179 Jim Owens Rd., Kennesaw GA 30152, by giving a portion of the precinct to existing precinct North Cobb 01, Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144.

ATTACHMENTS
LW01 Boundary Map

Page 125 of 354

Page 126 of 354

Agenda Item Number. 29

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct North Cobb 01, currently voting at Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144 by receiving a portion of existing precinct Baker 01, Summit Baptist Church, 4310 Moon Station Lane, Acworth GA 30101 and a portion of existing precinct Lewis 01, Lewis Elementary School, 4179 Jim Owens Rd., Kennesaw GA 30152.

BACKGROUND
The current facility housing precinct North Cobb 01, Cobb Vineyard Christian Fellowship, will accommodate the new registered voter base of 1,707. This change is for easier election administration. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A

RECOMMENDATION
Page 127 of 354

Agenda Item Number. 29

The Board of Commissioners authorize a boundary change to existing North Cobb 01, currently voting at Cobb Vineyard Christian Fellowship, 3206 Old Highway 41, Kennesaw GA 30144 by receiving a portion of existing precinct Baker 01, Summit Baptist Church, 4310 Moon Station Lane, Acworth GA 30101 and a portion of existing precinct Lewis 01, Lewis Elementary School, 4179 Jim Owens Rd., Kennesaw GA 30152.

ATTACHMENTS
NC01 Boundary Map

Page 128 of 354

Page 129 of 354

Agenda Item Number. 30

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to precinct Oregon 02, currently voting at W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008, by giving a portion to precinct Oregon 04 and by receiving all of precinct Oregon 06. Precinct Oregon 06 will be dissolved.

BACKGROUND
Voters in the portion of precinct Oregon 02 being moved to precinct Oregon 04, will now vote at Hollydale Methodist Church, 2364 Powder Springs Rd, Marietta GA 30064. Voters in precinct Oregon 06, currently voting at Hollydale Baptist Church, 3414 Shadyside Rd, Marietta GA 30008, will now vote at Oregon 02, W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008. The existing precinct Oregon 06 will be dissolved. This change is recommended because Hollydale Baptist Church is no longer available. This change will result in a savings of $50 per election currently paid to Hollydale Baptist Church plus a reduction in the number of workers required on Election Day. The current facility housing precinct W. O. Smitha Middle School will accommodate the new registered voter base of 3,905. The current facility housing precinct Hollydale Methodist Church will accommodate the new registered voter base of 2,931. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.
Page 130 of 354

Agenda Item Number. 30

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners authorize boundary changes to precinct Oregon 02, currently voting at W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008, by giving a portion to precinct Oregon 04 and by receiving all of precinct Oregon 06. Precinct Oregon 06 will be dissolved.

ATTACHMENTS
OR02 Boundary Map

Page 131 of 354

Page 132 of 354

Agenda Item Number. 31

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to precinct Oregon 04, currently voting at Hollydale Methodist Church, 2364 Powder Springs Rd, Marietta GA 30064, by receiving a portion of precinct Oregon 02.

BACKGROUND
Voters in the portion of precinct Oregon 02 being moved, currently vote at W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008 and will now vote at precinct Oregon 04, Hollydale Methodist Church, 2364 Powder Springs Rd, Marietta GA 30064. This change is recommended for the convenience of the voters and as part of the dissolution of precinct Oregon 06. The polling place for precinct Oregon 06, Hollydale Baptist Church, 3414 Shadyside Rd., Marietta GA 30008 is no longer available. The current facility housing precinct Oregon 04, Hollydale Methodist Church will accommodate the new registered voter base of 2,931. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
Page 133 of 354

Agenda Item Number. 31

N/A

RECOMMENDATION
The Board of Commissioners authorize a boundary change to precinct Oregon 04, currently voting at Hollydale Methodist Church, 2364 Powder Springs Rd, Marietta GA 30064, by receiving a portion of precinct Oregon 02.

ATTACHMENTS
OR04 Boundary Map

Page 134 of 354

Page 135 of 354

Agenda Item Number. 32

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Oregon 06, Hollydale Baptist Church, 3414 Shadyside Rd, Marietta GA 30008, by combining with precinct Oregon 02, W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008. The existing precinct Oregon 06 will be dissolved and the reconfigured precinct will be called Oregon 02.

BACKGROUND
Voters at the reconfigured Oregon 02 will vote at W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008. The facility will accommodate the new registered voter base of 3,905. The existing precinct Oregon 06, currently voting at Hollydale Baptist Church, will be dissolved. This change is recommended because Hollydale Baptist Church is no longer available. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A

Page 136 of 354

Agenda Item Number. 32

RECOMMENDATION
The Board of Commissioners authorize a boundary change to existing precinct Oregon 06, Hollydale Baptist Church, 3414 Shadyside Rd, Marietta GA 30008, by combining with precinct Oregon 02, W. O. Smitha Middle School, 2025 Powder Springs Road, Marietta GA 30008. The existing precinct Oregon 06 will be dissolved and the reconfigured precinct will be called Oregon 02.

ATTACHMENTS
OR06 Boundary Map

Page 137 of 354

Page 138 of 354

Agenda Item Number. 33

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Pitner 01, Pitner Elementary School, 4575 Wade Green Rd, Acworth GA 30102, by receiving a portion of precinct Wade Green 01. The existing precinct Wade Green 01, Wildwood Baptist Church, 4801 Wade Green Rd, Acworth GA 30102, will be dissolved.

BACKGROUND
Voters at the reconfigured Pitner 01 will vote at Pitner Elementary School, 4575 Wade Green Rd, Acworth GA 30102. The facility will accommodate the new registered voter base of 2,218. This change is recommended because the polling place for Wade Green 01, Wildwood Baptist Church, is no longer available. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A

RECOMMENDATION
Page 139 of 354

Agenda Item Number. 33

The Board of Elections authorize a boundary change to existing precinct Pitner 01, Pitner Elementary School, 4575 Wade Green Rd, Acworth GA 30102, by receiving a portion of precinct Wade Green 01. The existing precinct Wade Green 01, Wildwood Baptist Church, 4801 Wade Green Rd, Acworth GA 30102, will be dissolved.

ATTACHMENTS
PT01 Boundary Map

Page 140 of 354

Page 141 of 354

Agenda Item Number. 34

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127, by giving a portion to precinct Kemp 03, Burnt Hickory Baptist Church, 5145 Due West Road, Powder Springs GA 30127, and a portion to precinct Lost Mountain 03, Boots Ward Recreation Center, 4845 Dallas Hwy, Powder Springs GA 30127. The existing precinct Red Rock 01 will be dissolved.

BACKGROUND
Voters at the reconfigured Kemp 03 will vote at Burnt Hickory Baptist Church, 5145 Due West Road, Powder Springs GA 30127. The facility will accommodate the new registered voter base of 3,200. Voters at the reconfigured Lost Mountain 03 will vote at Boots Ward Recreation Center, 4845 Dallas Hwy, Powder Springs GA 30127. The facility will accommodate the new registered voter base of 3,900. The existing precinct Red Rock 01, currently voting at Lost Mountain Baptist Church will be dissolved. This change is recommended because Lost Mountain Baptist Church is no longer available. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.
Page 142 of 354

Agenda Item Number. 34

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners authorize a boundary change to existing precinct Red Rock 01, currently voting at Lost Mountain Baptist Church, 5400 Old Dallas Road SW, Powder Springs GA 30127 by giving a portion to precinct Kemp 03, Burnt Hickory Baptist Church, 5145 Due West Road, Powder Springs GA 30127 and a portion to precinct Lost Mountain 03 Boots Ward Recreation Center, 4845 Dallas Hwy, Powder Springs GA 30127. The existing Precinct Red Rock 01 will be dissolved.

ATTACHMENTS
RR01 Bounday Map

Page 143 of 354

Page 144 of 354

Agenda Item Number. 35

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to existing precinct Wade Green 01, currently voting at Wildwood Baptist Church, 4801 Wade Green Rd, Acworth GA 30102, by giving a portion to precinct Pitner 01, Pitner Elementary School, 4575 Wade Green Rd, Acworth GA 30102, and a portion to precinct Wade Green 02, Christ Episcopal Church, 1210 Wooten Lake Rd, Kennesaw GA 30144. The existing precinct Wade Green 01 will be dissolved.

BACKGROUND
Voters at the reconfigured Pitner 01 will vote at Pitner Elementary School, 4575 Wade Green Rd, Acworth GA 30102. The facility will accommodate the new registered voter base of 2,218. Voters at the reconfigured Wade Green 02 will vote at Christ Episcopal Church, 1210 Wooten Lake Rd, Kennesaw GA 30144. The facility will accommodate the new registered voter base of 3,463. The existing precinct Wade Green 01 will be dissolved. This change is recommended because the polling place for precinct Wade Green 01, Wildwood Baptist Church, is no longer available. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved the voters will be notified.

Page 145 of 354

Agenda Item Number. 35

FUNDING
N/A

RECOMMENDATION
The Board of Elections authorize a boundary change to existing precinct Wade Green 01, currently voting at Wildwood Baptist Church, 4801 Wade Green Rd, Acworth GA 30102, by giving a portion to precinct Pitner 01, Pitner Elementary School, 4575 Wade Green Rd, Acworth GA 30102, and a portion to precinct Wade Green 02, Christ Episcopal Church, 1210 Wooten Lake Rd, Kennesaw GA 30144. The existing precinct Wade Green 01 will be dissolved.

ATTACHMENTS
WG01 Boundary Map

Page 146 of 354

Page 147 of 354

Agenda Item Number. 36

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Janine Eveler, Director This item has been electronically signed by:
Janine Eveler, Director

DATE:

February 11, 2014

PURPOSE
To authorize a boundary change to precinct Wade Green 02, currently voting at Christ Episcopal Church, 1210 Wooten Lake Rd, Kennesaw GA 30144, by receiving a portion of precinct Wade Green 01. The existing precinct Wade Green 01, currently voting at Wildwood Baptist Church, will be dissolved.

BACKGROUND
Voters at the reconfigured Wade Green 02 will vote at Christ Episcopal Church, 1210 Wooten Lake Rd, Kennesaw GA 30144. The facility will accommodate the new registered voter base of 3,463. This change is recommended for the convenience of the voters and because Wildwood Baptist Church is no longer available. This change is to be effective May 20, 2014 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING
N/A

RECOMMENDATION
Page 148 of 354

Agenda Item Number. 36

The Board of Commissioners authorize a boundary change to precinct Wade Green 02, currently voting at Christ Episcopal Church, 1210 Wooten Lake Rd, Kennesaw GA 30144, by receiving a portion of precinct Wade Green 01. The existing precinct Wade Green 01, currently voting at Wildwood Baptist Church, will be dissolved.

ATTACHMENTS
WG02 Boundary Map

Page 149 of 354

Page 150 of 354

Agenda Item Number. 37

Cobb County Parks, Recreation & Cultural Affairs


Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Eddie Canon, Director This item has been electronically signed by:
Eddie Canon, Director

DATE:

February 11, 2014

PURPOSE
To approve a one (1) year extension to the Fellton Property Caretaker Agreement between Cobb County and Ellen Savage which allows Ms. Savage to continue to serve in the capacity of caretaker of the Fellton Property.

BACKGROUND
The County became trustees of the Fellton property in 2007. The site consists of eighteen acres which are mostly wooded and has an improved structure (the Property). The Property is located on Johnson Ferry Road north of Paper Mill Road. Ms. Savage lives in an apartment on the Property and served as the caretaker/caregiver to Mrs. Fellton until her death. She continued in the role as caretaker when the County entered into an agreement with her effective January 1, 2007 to December 31, 2007. The agreement was renewed for the 2008, 2009, 2010, 2011, 2012 and 2013 calendar years in the annual amount of $15,600. Her duties include general maintenance of the buildings and grounds. Cobb County would like to extend the agreement with Ms. Savage. An Amendment to the Agreement will provide a one year extension, and all current provisions will remain in full force and in effect including the right of either party to terminate the Agreement with thirty (30) days prior notice.

FUNDING
Funding is available in the Parks Operating Budget as follows: 010-105-3200-3319-6326 $15,600

Page 151 of 354

Agenda Item Number. 37

RECOMMENDATION
The Board of Commissioners approve a one year extension to the Fellton Property Caretaker Agreement with Ellen Savage, in an amount not to exceed $15,600.00, to continue to serve as caretaker for the Fellton Property, beginning February 1, 2014 and ending January 31, 2015; and further authorize the County Manager to execute the necessary documents.

Page 152 of 354

Agenda Item Number. 38

Cobb County Senior Services


Jessica Gill, Director P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-5355 / fax: (770) 528-5378

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Jessica Gill, Director This item has been electronically signed by:
Jessica Gill, Director

DATE:

February 11, 2014

PURPOSE
To authorize Cobb Senior Services to collect, appropriate, and disburse revenues resulting from Senior Citizen Council sponsored programs, events, and activities.

BACKGROUND
The Senior Citizen Council of Cobb County is a 501(c) (4) non-profit organization whose mission is to further advocate for the common good and general welfare of Cobb County residents over the age of 55. The Council helps to promote senior issues within the community by lobbying for legislation on aging issues, and participating in a delegate capacity in community organizations such as the Atlanta Regional Commission Task Force on Aging. For more than 25 years, Cobb Senior Services has partnered with the Council to provide a forum on aging issues and encourage seniors to stay active and involved in the community. Our partnership provides numerous opportunities to inform senior residents of current events and legislation pertinent to their interests and age. In an effort to strengthen our partnership and community outreach efforts, Cobb Senior Services will collect revenues such as membership dues, contributions, and activity fees for Council sponsored programs and events held in partnership with the department. These designated revenues will be used to help issue and manage the monthly newsletter and support Council sponsored activities such as local trips and outings, the annual senior volunteer luncheon, and Cobb Senior Idol. The Council will periodically review all designated revenues and expenditures collected by the department. The designated revenue sources will be appropriated as an on-going standard reserve in the departments budget. At the end of each fiscal year, unspent balances in these standard reserves, along with prior designated reserves balances are re-appropriated in the next fiscal year, for use by this department, with the same designations and restrictions as the original purpose in the prior year.

Page 153 of 354

Agenda Item Number. 38

FUNDING
Designated Senior Citizens Council revenues will be collected and appropriated as follows: Increase revenue: 010-300-0070-4541 (Senior Citizen Council) Increase expenditure: 010-300-0070-8818 (Standard Reserves)

$TBD $TBD

Designated and unspent revenues in prior fiscal year budgets will be appropriated in the new fiscal years as follows: Increase revenue: 010-300-0070-4980 (Fund Balance) Increase expenditure: 010-300-0070-8852 (Fund Balance Reserves) $TBD

$TBD

RECOMMENDATION
The Board of Commissioners authorize the collection, appropriation, and disbursement of revenues resulting from Senior Citizen Council sponsored programs, events, and activities; authorize the corresponding budget transactions; and further authorize the carry forward of all unspent prior year standard reserves into the following fiscal year.

Page 154 of 354

Agenda Item Number. 39

Cobb County Senior Services


Jessica Gill, Director P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-5355 / fax: (770) 528-5378

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Jessica Gill, Director This item has been electronically signed by:
Jessica Gill, Director

DATE:

February 11, 2014

PURPOSE
To authorize Cobb Senior Services to hold periodic regional community education and outreach programs and to collect, appropriate, and disburse revenues resulting from related programs, events, activities and sponsors.

BACKGROUND
In an effort to strengthen our public/private partnerships and community outreach efforts, Cobb Senior Services will sponsor periodic regional community education and outreach programs to provide a forum on aging issues and encourage residents to stay active and involved in creating a lifelong community for people of all ages. Cobb County is facing an enormous challenge as well as opportunities as we continue to address issues centered on older adults. By the year 2030, Cobb Countys older adult population is projected to increase by 85%, making this group the fastest growing constituency in the County. We recognize our senior residents face very serious, comprehensive, and complex aging issues which cannot be solved in a vacuum or in a single day. The County is committed to finding ways to address the needs of seniors, offering and expanding programs and services through Cobb Senior Services, researching and proposing various livable initiatives, providing transportation options, and building public/private partnerships. In keeping this commitment, Cobb Senior Services will sponsor a regional Aging Summit, entitled Aging by Design, with the goal of creating awareness and community action that leads Cobb County in addressing issues related to older adults. The Aging Summit will bring stakeholders, including older adults, Cobb residents, business leaders, nonprofit organizations, and elected officials together to discuss, generate, and propose feasible solutions to pivotal issues adversely impacting older adults. Senior Services will collect designated program support revenues in order to help fund regional Page 155 of 354

Agenda Item Number. 39

community education and outreach programs. The designated revenue sources will be appropriated as an on-going standard reserve in the departments budget. At the end of each fiscal year, unspent balances in these standard reserves, along with prior designated reserves balances are re-appropriated in the next fiscal year, for use by this department, with the same designations and restrictions as the original purpose in the prior year.

FUNDING
Funding is available for the Aging Summit with the following transfer from General Fund Undesignated contingency to Senior Services departmental budget: From: 010-015-0145-8820 (Undesignated Contingency) To: 010-300-0060-8810 (Information Summit Contingency)

$50,000 $50,000

Designated revenues will be collected and appropriated when received as follows: Increase revenue: 010-300-0060-4965 (Senior Resources Campaign) Increase expenditure: 010-300-0060-8818 (Standard Reserves)

$TBD $TBD

RECOMMENDATION
The Board of Commissioners authorize Cobb Senior Services to hold periodic regional community education and outreach programs and to collect, appropriate, and disburse revenues resulting from related programs events, activities and sponsors; authorize the corresponding budget transactions; and further authorize the carry forward of all unspent prior year standard reserves into the following fiscal year.

Page 156 of 354

Agenda Item Number. 40

Cobb County Property Management Department


John A. Reida, Director 1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Director of Property Management Willie A. Hopkins, Jr., Director of Support Services This item has been electronically signed by:
John A. Reida, Director Willie A. Hopkins, Jr., Director of Support Services

DATE:

February 11, 2014

PURPOSE
To approve a lease with the State Property Commission, and to approve a contract with Albion Scaccia Enterprises, LLC, for design/construction services related to the renovation of 277 Fairground Street, for use by the State of Georgia Department Family and Children Services.

BACKGROUND
The building at 277 Fairground Street was vacated by Senior Services and is no longer required for a County purpose. The Property Advisory Commission recommended that the property be declared surplus and the Board approved listing it for sale with McWhirter Realty Partners on March 27, 2012. The Property Advisory Commission further voted to have the County Attorneys Office negotiate a lease agreement between the County and the State of Georgia Property Commission representing the Department of Family and Children Services (DFCS) for the property. The Property Advisory Commission asked Property Management to issue a Request for Proposals (RFP) for design builders for certain renovations desired by DFCS to the building on this property as set forth in design intent drawings provided by the State Property Commission. The County will be performing certain additional work to this building beyond the renovations requested by the State to bring it into a tenantable condition, including replacing the roof and the HVAC system. These additional improvements will also make this property more marketable in the future. An RFP for the pricing of the drawings was issued through the Purchasing Department with proposals due in December 2013. The RFP was advertised in the Marietta Daily Journal beginning on November 15th, 2013, and again on November 22nd, 29th, and December 6th, 2013, in accordance with Selection Process Page 157 of 354

Agenda Item Number. 40

2 (Competitive Proposals) of the Policy for the Procurement of Professional Services, as amended by the Board on December 20, 2011. Proposals were received on December 12, 2013, with three firms responding. The following selection committee was approved for this project: Allen Kronenberger, Property Management; Bill Thomas, Purchasing; John Morey, Department of Transportation; Lee McClead, Community Development; and Tom Bills, Parks and Recreation. The selection committee reviewed the responsive proposals received from Ajax Construction Company, Inc., Prime Construction Inc. and Albion Scaccia Enterprises, LLC. Based on their understanding of the project, proposed staffing and approach, availability, cost, as well as financial stability, the selection committee recommends Albion Scaccia Enterprises, LLC, as the top qualified firm for a contract, in the amount of $734,400.00. LEED certification was considered and discounted due to cost. The contractor will use energy efficient HVAC systems, water efficient plumbing fixtures, as well as energy efficient lighting. Property Management requests that a $73,440.00 contingency be established for unforeseen conditions. Albion Scaccia Enterprises, LLC Contingency Total $734,400.00 73,440.00 $807,840.00

The proposed lease for the property will be for a term of ten years at an annual rental amount of $132,500.00. The total rental payable under the lease will fully amortize the Countys costs to renovate the building. The County will be responsible for repairs and maintenance of the building, excluding routine matters such as replacement of light bulbs. The rental amount will be adjusted in the event that the Countys costs to repair and maintain this facility exceed a base amount stated in the lease. The County Attorneys Office has negotiated a lease for this property incorporating the terms discussed above.

FUNDING
Funding is available through a fund balance appropriation in the General Fund and a subsequent transfer to the project in the Capital Projects Fund as follows: Increase Revenue Increase Expenditure Increase Revenue Increase Expenditure 010-014-0140-4980 (Fund Balance Appr.) 010-014-0140-6594 (Transfers Out) 380-110-4502-4960 (Project Transfer In) 380-110-4502-8005 (Project Preliminary Est.) $807,840.00 $807,840.00 $807,840.00 $807,840.00

RECOMMENDATION
The Board of Commissioners approve a lease with the State Property Commission; approve a contract with Albion Scaccia Enterprises, LLC, in the amount of $734,400.00, for design/construction services related to the renovation of 277 Fairground Street, for the State of Georgia Department of Family and Children Services (DFCS); authorize a project contingency, in the amount of $73,440.00; authorize the corresponding budget transactions; and further authorize the Chairman to execute the lease and necessary documents.
Page 158 of 354

Agenda Item Number. 40

ATTACHMENT: Lease under separate cover

Page 159 of 354

Agenda Item Number. 41

Cobb County Property Management Department


John A. Reida, Director 1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Director, Property Management Jim Pehrson, Director, Finance Willie A. Hopkins, Jr., Director of Support Services This item has been electronically signed by:
John A. Reida, Director Willie A. Hopkins, Jr., Director of Support Services James Pehrson, CPA, Director/Comptroller

DATE:

February 11, 2014

PURPOSE
To ratify the application for and approve acceptance of revenue from capital credits to be distributed by Cobb Electric Membership Cooperative under the final conditions of class action lawsuit brought in Cobb Superior Court for retirement of excess capital credits belonging to former and current Cobb EMC Members, and to provide for the credit of funds into appropriate County accounts.

BACKGROUND
Electric membership cooperatives (EMCs) are member owned entities wherein each customer of the EMC is a member. In lieu of stock, EMC members are entitled to patronage capital credits (capital credits) in proportion to their utility expenses. These capital credits represent income to the EMC above expenses, and are typically returned to the members periodically. A class action lawsuit was brought against the board and management of Cobb Electric Membership Cooperative (Cobb EMC) in Cobb Superior Court (Case No. 10:100353-48). The suit claims the prior board and management of Cobb EMC failed to return capital credits belonging to past and current Cobb EMC members in a timely manner. A preliminary settlement order of that suit was issued by the Court in October 2013 with a final settlement hearing scheduled for February 25, 2014. The settlement as currently structured will result in payments to retire the capital credits for all Cobb EMC members of record through 2012. All credits earned by customers of record prior to 1989 are to be paid in full upon final approval of the settlement. For credits earned for the years Page 160 of 354

Agenda Item Number. 41

1989 2012, members of record may choose one of two options: either (a) payment of credits in full in the 24th year following the year of record (i.e. credits earned for 1990 to be paid in 2014), or (b) immediate payment of the calculated Net Present Value (NPV) of all credits earned from 1989 forward. Cobb County staff, in conjunction with the Court appointed executor of the class action suit, has identified past and current Cobb EMC accounts subject to the suit. The executor has supplied the estimated value of the capital credits to be reimbursed per account, including the NPV of credits for the years 1989 2012. While the account list and credits value are subject to the final terms of the settlement as accepted by the Court, the anticipated value of the credits to be returned upon final settlement to Cobb County for years prior to 1989 is forecast to be $353,126.00. The value of credits for years 1989 - 2012 is estimated as $4,566,232.00. if distributed over the 24 year cycle as described, or, if paid now at the NPV, an immediate payment estimated at $1,244,793.00. Staff recommends selection of the NPV option for credits earned for the years 1989 forward to realize the funds at this time in accordance with option (b) described above. Combined with the payment for credits due for years prior to 1989, the total immediate payout is forecast as $1,597,919.00.

FUNDING
These capital credits will be returned to Cobb County as cash payments and as such, are classified as revenue. The following is a list of funding accounts into which the revenue from this settlement could be recognized: General Fund Cobb Water System Fire Department Other funds that may be affected: Cobb Community Transit E911 Solid Waste 200-050-4802-4955 260-130-0200-4955 600-700-4900-4955 010-014-0140-4955 500-500-5100-4955 230-130-1000-4955

The Cobb County Finance Director shall determine the appropriate allocation of revenue between these accounts based on account records and associated revenue included in the final settlement, or to such other accounts as may be determined upon final settlement records.

RECOMMENDATION
The Board of Commissioners ratify the Chairman's application on behalf of the County for capital credits resulting from the final settlement of the Class Action Lawsuit against Cobb Electric Membership Corp. for return of capital credits (Case No. 10:100353-48), affirm that the application seeks full and immediate payout of all funds available in lieu of the delayed payment option, provide for receipt of such credits as revenue, and direct the distribution of such revenue to the accounts listed herein or other such accounts as determined to be appropriate by the Cobb County Finance Director.

Page 161 of 354

Agenda Item Number. 42

Cobb County Property Management Department


John A. Reida, Director 1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Director of Property Management James Decker, Acting Director of Information Services Faye DiMassimo, Director of Transportation Agency Willie A. Hopkins, Jr., Director of Support Services This item has been electronically signed by:
John A. Reida, Director James A. Decker, Acting Director Faye DiMassimo, Director Willie A. Hopkins, Jr., Director of Support Services

DATE:

February 11, 2014

PURPOSE
To authorize relocation of the main hub for voice and data communications for Cobb County facilities located on County Services Parkway from 1755 County Services Parkway to the Department of Transportations Traffic Management Center at 1890 County Services Parkway.

BACKGROUND
The main hub for voice and data communications for Cobb County facilities located on County Services Parkway is currently in the former Juvenile Court building at 1738 County Services Parkway. All voice and data communications are routed through this location, primarily through private fiber and AT&T Metro Ethernet service. When the former Juvenile Court building is renovated, it will be occupied by Cobb & Douglas Public Health. With this change in use of the building, we recommend that the communications hub be moved to another location that is better suited for this purpose. The Department of Transportations Traffic Management Center (TMC) was constructed after the implementation of the Cobb Countys Voice over IP network. The TMC is well equipped for housing critical communications services. The TMC has generator fail-over for the communications equipment in case of electrical failure which would keep the voice and data service operational for most of the facilities on County Services Parkway.
Page 162 of 354

Agenda Item Number. 42

The estimated cost for relocating the communications hub is $80,000.00. This includes the cost of running private fiber from the pole located at 1755 County Services Parkway to the TMC, new switching equipment and fiber jumpers to support the new connections, and power to support the additional equipment in the TMC.

FUNDING
Funding is available with a transfer from the General Fund's Undesignated Contingency to the project in the Capital Projects Fund as follows: Transfer from: 010-015-0145-8820 (GF Undesignated Contingency) Transfer to: 380-035-4584-8410 (Data Communications) $80,000.00 $80,000.00

RECOMMENDATION
The Board of Commissioners authorize relocation of the main hub for voice and data communications for Cobb County facilities on County Services Parkway from 1738 County Services Parkway to the Department of Transportations Traffic Management Center at 1890 County Services Parkway at a cost not to exceed $80,000.00; and further authorize the corresponding budget transactions.

Page 163 of 354

Agenda Item Number. 43

Cobb County Property Management Department


John A. Reida, Director 1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Director of Property Management James Pehrson, Finance Director Eddie Canon, Parks, Recreation and Cultural Affairs Director Willie A. Hopkins Jr., Director of Support Services This item has been electronically signed by:
John A. Reida, Director James Pehrson, CPA, Director/Comptroller Eddie Canon, Director Willie A. Hopkins, Jr., Director of Support Services

DATE:

February 11, 2014

PURPOSE
To authorize funding for carpet and flooring replacement and additional restoration services at the Windy Hill Community Center.

BACKGROUND
On January 7, 2014, the former Windy Hill Senior Center sustained water damage due to the extreme cold weather and will require restoration and replacement of damaged carpet and flooring.Fire sprinkler piping in the building is made of polybutylene which is no longer code compliant plus has the possibility of future failures due to repairs from the recent freeze damage. This piping will be replaced with current CPVC piping. This building is slated to be the location for the Windy Hill Community Center operated by P.A.R.K.S. Prices for material and labor for removal and installation of the carpet and the restoration have been provided from the Annual Price Agreement secured through the procurement process required by Purchasing. Additional construction will be handled with in-house labor and the needs and cost of the project have been reviewed and recommended by P.A.R.K.S., Risk and Property Management.

Page 164 of 354

Agenda Item Number. 43

Estimated Costs: Carpet and Flooring Restoration General Construction (in-house labor) Fire Sprinkler Modifications Total:

$50,000.00 20,000.00 10,000.00 23,500.00 $103,500.00

FUNDING
Funding for the risk eligible expenses is available with a transfer from the Risk Management Claims Fund to the project in the Capital Projects Fund as follows: Transfer from: 710-055-8011-6605 (Risk Management Claims Fund) Transfer to: 380-450-4552-8110 (Renovation) $80,000.00 $80,000.00

Any unspent risk eligible funds for the Windy Hill Community Center renovation will be transferred back to the Risk Management Claims Fund after the project is closed. Funding for non-risk eligible expenses is available through a fund balance appropriation in the General Fund and a subsequent transfer to the project in the Capital Projects Fund as follows: Increase revenue: Increase expenditure: Increase revenue: Increase expenditure: 010-014-0140-4980 (Fund Balance Appr.) 010-014-0140-6594 (Transfers Out) 380-450-4552-4960 (Project Transfers In) 380-450-4552-8110 (Renovation) $23,500.00 $23,500.00 $23,500.00 $23,500.00

RECOMMENDATION
The Board of Commissioners authorize funding for carpet and flooring replacement and additional restoration services at the Windy Hill Community Center located at 1885 Atlanta Road, Smyrna, in an amount not to exceed $103,500.00; authorize the corresponding budget transactions; and further authorize any unspent risk eligible funds to be transferred back to the Risk Management Claims Fund.

Page 165 of 354

Agenda Item Number. 44

Cobb County Department of Public Safety


Sam Heaton, Director of Public Safety 100 Cherokee Street, Suite 460 Marietta, Georgia 30090-9682

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Sam Heaton, Public Safety Director This item has been electronically signed by:
Sam Heaton, Fire Chief

DATE:

February 11, 2014

PURPOSE
The Board of Commissioners authorize payment to Metro Atlanta Ambulance Service for certification training of ten paramedic positions.

BACKGROUND
Cobb County Fire & Emergency Services (CCFES) is experiencing a shortage of paramedics within the department, with 31 paramedic positions presently vacant. One of the Cobb County contract ambulance zone providers, Metro Atlanta Ambulance Service, is currently offering ten student slots in their paramedic certification class at a cost of $3,750.00 per student. This cost is significantly less than other programs offered throughout the State of Georgia. CCFES has identified ten Firefighters/Emergency Medical Technicians wishing to attend the instructional course required to obtain paramedic certification. The training course fees would be paid by CCFES. Successful completion of this curriculum would enable these personnel to fulfill all state requirements and participate in the administration of the National Registry exam.

IMPACT STATEMENT

FUNDING
Funding is available in the Fire Funds Fund Balance, with the following budget transaction:
Page 166 of 354

Agenda Item Number. 44

Increase Revenue 230-130-1000-4980 (Fund Balance) Increase Expenditure 230-130-1000-6394 (Registration Fee)

$37,500.00 $37,500.00

RECOMMENDATION
The Board of Commissioners authorize payment to Metro Atlanta Ambulance Service, in the amount of $37,500.00, for certification training of ten paramedic positions, and further authorize the corresponding budget transactions.

Page 167 of 354

Agenda Item Number. 45

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 2, 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To approve the ranking of the three most qualified firms to develop the Joint Land Use Study for Dobbins Air Reserve Base, City of Marietta, City of Smyrna, and Cobb County from qualified consultants obtained under RFP# 14-5869 and authorize negotiations with the ranked firms.

BACKGROUND

On November 12, 2013, the Board of Commissioners authorized the Community Development Agency to issue a Request for Proposals (RFP) to secure appropriate professional services to assist in the development of a Joint Land Use Study to assist in evaluating encroachment issues on Dobbins Air Reserve Base. This study will be accomplished as a partnership between Cobb County, Dobbins Air Reserve Base, City of Marietta, and the City of Smyrna. Some of the goals for conducting the Joint Land Use Study include: Plan for the long-term viability of the missions at Dobbins Air Reserve Base and Lockheed Martin in service to the national defense of the nation; Plan for the long-term viability of the Clay National Guard complex in service to the state for humanitarian missions and security; Increase protection of health, safety, and property of the local community; Improve the appreciation of the military mission at Dobbins by the local community; and Page 168 of 354

Agenda Item Number. 45

Enhance intergovernmental cooperation.

Request for Proposals using Selection Process 2 (Competitive Proposals) in the Policy for the Procurement of Professional Services, as amended by the Board on July 28, 2009. Three proposals were received and opened on December 19, 2013. The following individuals served on the selection committee for this project: Robert Hosack, Community Development; Michael Hughes, Economic Development; Brian Binzer, City of Marietta; Ken Suddreth, City of Smyrna; and Richard Crim, Dobbins Air Reserve Base. Dana Johnson, Planning Division Manager and Keehren Baah, Intergovernmental Coordinator served as technical advisors. The selection committee reviewed the submittals and ranked the firms based on their qualifications. The committee ranked the firms in order as follows: MATRIX AECOM; and AMEC.

IMPACT STATEMENT
The budget for the project has not been calculated, but we assume that the total cost will exceed $200,000.00. The bid price from the top ranked firm is $216,510. A final cost of services will be determined in coordination with the final scope of work and contract. Cobb County is pursuing a grant from the Department of Defense, Office of Economic Adjustment as a potential revenue source to offset the cost of this project.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve the ranking of the three most qualified firms to develop the Joint Land Use Study for Dobbins Air Reserve Base, City of Marietta, City of Smyrna, and Cobb County, and authorize negotiations for final scope of services and fee beginning with top ranked firm, MATRIX, utilizing Selection Process 2 (Competitive Proposals).

Page 169 of 354

Agenda Item Number. 46

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.459 acres land use known as 3841 Lake Acworth Drive for the City of Acworth.

BACKGROUND
On July 27, 2004, the Board of Commissioners entered into intergovernmental agreements with each of Cobbs municipalities. The agreements serve as the land use dispute resolution process required by HB 489. Per the intergovernmental agreements with the Cities of Acworth, Kennesaw, Marietta, Powder Springs, Smyrna, and Austell, the Board of Commissioners must adopt annexation responses by the County in order to be valid. On September 1, 2007, HB 2, which enacts a binding dispute-resolution process, became effective.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.459 acres land use known as Parcel 8 of Land Lot 9 District 20th, 2nd Section known as 3841 Lake Acworth Drive for the City of Acworth.

ATTACHMENTS
BOC Response Letter to the City of Acworth
Page 170 of 354

Page 171 of 354

Page 172 of 354

Page 173 of 354

Page 174 of 354

Page 175 of 354

Agenda Item Number. 47

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on January 23, 2014 by the License Review Board for Calvin Hill.

BACKGROUND
The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct an Appeal Hearing to consider the appeal of the denial of an alcohol permit. The Ordinance also provides for the Board of Commissioners to review a summary of the Appeal Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On January 23, 2014, the License Review Board conducted an appeal hearing for Calvin Hill in regard to the denial of his alcohol permit by the Cobb County Police Department. After conducting the Appeal Hearing and considering all evidence and testimony presented during the hearing and the Online License Review Board Questionnaire, the License Review Board recommended approval of the issuance of the alcohol permit for Mr. Hill

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners review the summary of the Appeal Hearing of January 23, 2014 for Calvin Hill, and affirm the decision of the License Review Board.

ATTACHMENTS
Summary of Appeal Hearing, January 23 2014 License Review Board Questionnaire

Page 176 of 354

Summary of Appeal Hearing before the Cobb County License Review Board for Calvin Hill, Alcohol Permit while currently working at Copelands of New Orleans, located at 1142 Barrett Pkwy., Kennesaw, GA 30144. On January 23, 2014 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway, Marietta, GA 30008.
License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sgt. Bonnie Smith with the Cobb County Police Departments Regulatory Services and Permits Unit testified that Calvin Hill truthfully indicated on the alcohol permit application two Driving Under the Influence (D.U.I.) convictions within the past five years. One conviction was in 2011 and the other was in 2012. Mr. Hill stated that he has been working at Copelands of New Orleans since November 2013 as a host. Mr. Hill explained that his permit was denied because he had two D.U.I. convictions with the last five years. Mr. Hill stated that he made some really bad decisions and blames no one but himself. Mr. Hill stated the he took it upon himself to seek counseling because alcohol was a problem in his life. Mr. Hill stated that he had a son seven months ago and he is taking it upon himself to do better in his life. Mr. Hill provided a letter of recommendation from the general manager of Copelands of New Orleans to the License Review Board. Mr. Hill stated that his arrests were within one month of each other. Mr. Hill explained that when he was arrested for D.U.I. he was a tour promoter making money to party every night. Mr. Hill stated that he is now turning his life around and he does not drink at all and he goes to church. Mr. Hill stated that he walks to work because he doesnt have a drivers license as a result of the D.U.I. convictions. Mr. Hill stated that because of the D.U.I convictions he will have to change his career choice. Mr. Hill stated that he is one credit hour shy of being a senior at Kennesaw State University and he plans to back to school but has taken some time off to re-evaluate. Mr. Hill explained that the two D.U.I convictions that caused the denial of his alcohol permit were actually his third and fourth D.U.I. and that he received his first D.U.I at eighteen years old. Mr. Hill stated the he has not had an alcoholic beverage since July 7, 2011 when he was last arrested for D.U.I. Mr. Hill stated that his son lives with his mother in Douglasville and he sees him every Tuesday. Mr. Hill stated that he needs this job to help support his son. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Jim Pehrson and a second by Larry Walker the License Review Board recommended approval of the alcohol permit for Calvin Hill. Vote 5-0 for approval of the alcohol work permit.

Page 177 of 354

COBB COUNTY BUSINESS LICENSE


P.O. Box 649 Marietta, Georgia 30061-0649 phone: (770) 528-8410 fax: (770) 528-8414 Email: businesslicense@cobbcounty.org Business License Division Manager

Paul Foster

Cobb County License Review Board


FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT

Permit Number: 138019

Work Permit Applicant: HILL, CALVIN JAMES

1. What was the criminal offense(s) that caused the denial of the alcohol work permit? Dui conviction: Cobb 01/03/12 Kennesaw 07/12/13 2. Were there extenuating circumstances with the offense such as a wreck involved, violence involved, theft, confrontation with the police, etc.? No 3. What type of sentence did you receive? Jail, house arrest, probation, comunity service. 4. Have you completed the sentence? Yes 5. Where do you live and with whom? 14 B Johnston Pkwy Kennesaw Georgia/Roomate 6. How long has it been since the arrest? 3 Years 7. How long has it been since the conviction? 2 Years 8. Where do you work? Coppelands & Joe`s Crab Shack 9. Is it a bar? Nightclub? Restaurant? Restaurant 10. What type of position do you have with the establishment? Host/ Busser, Expo 11. What are the policies and procedures of the establishment?

138019

PAGE: 1 APHR_ALCH_WKPERMIT_DENIAL

2/3/2014 3:42:41 PM

Page 178 of 354

Need liquior license to work. 12. What type of training does the establishment have for employees? in depth hospitalitiy training. 13. Is this the primary source of income for you? Yes 14. What have you done to ensure that you do not violate the law/ordinances in the future? ie - change of friends, change of address, change of life style Change of address,, change of friends, change of job 15. Do you have a support mechanism such as family, friends, spouse, children, church, etc? Yes, family, friends & church 16. Are you going to school? Yes 17. If so, what is your grade point average? 2.9 18. What assurance can you provide the LRB that you will not sell/provide alcohol in violation of State or County Law? Open contact with my employer. 19. Why should the LRB grant the permit? Im a tax paying citizen who is trying to provide for my family. 20. What evidence can you provide the LRB that you understand State and County law regarding the sale and service of alcohol? I`ve been in the resturant business for 15 years, Im very awaire of the alcohol laws. 21. What has the impact been on you and the ones around you due to your criminal actions? I`ve been paying for my past mistakes for 3 years now, I just want to get on with my life.

138019

PAGE: 2 APHR_ALCH_WKPERMIT_DENIAL

2/3/2014 3:42:41 PM

Page 179 of 354

Agenda Item Number. 48

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To review, in accordance with the Alcoholic Beverage Ordinance, the attached summary of the Show Cause Hearing conducted on January 23, 2014, by the Cobb County License Review Board for Jaime Magana.

BACKGROUND
The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct a Show Cause Hearing to suspend or revoke an alcohol permit for due cause. The Ordinance also provides for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On January 23, 2014, the License Review Board conducted a Show Cause hearing for Jaime Magana in regard to the sale/furnishing of alcoholic beverages to an underage person by Mr. Magana on December 16, 2013 while working at Los Cazadores Mexican Restaurant #2, 2731 Sandy Plains Rd. Suite 162, Marietta, GA 30066. After conducting the Show Cause Hearing and considering all evidence and testimony presented, the License Review Board recommended a 14-day suspension of Mr. Maganas alcohol permit.

FUNDING
N/A

Page 180 of 354

Agenda Item Number. 48

RECOMMENDATION
The Board of Commissioners review the summary of the Show Cause Hearing of January 23, 2014, for Jaime Magana, and affirm the decision of the License Review Board to suspend his alcohol permit for 14 days.

ATTACHMENTS
Summary of Appeal Hearing, January 23 2014 License Review Board Questionnaire

Page 181 of 354

Summary of Show Cause Hearing before the Cobb County License Review Board for Jaime Magana, Alcohol Permit, employed at Los Cazadores Mexican Restaurant, Inc., doing business as, Los Cazadores Mexican Restaurant #2, located at 2731 Sandy Plains Rd., Suite 162, Marietta, Georgia 30066. On January 23, 2014, the hearing was conducted in the Bid Room, 1772 County Services Parkway, Marietta, Georgia, 30008 License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr.
Steve Cook, attorney for Los Cazadores Mexican Restaurant, Inc., doing business as Los Cazadores Mexican Restaurant #2 and Jaime Magana stipulated to the facts stated in the hearing for Los Cazadores Mexican Restaurant #2 and asked the License Review Board to have mercy on his client. Detective Creamer of the Cobb County Police Department Regulatory Services and Permits Unit stipulated to his testimony in the previous hearing for Los Cazadores Mexican Restaurant #2 and stated that he had nothing further for this hearing Mr. Magana apologized for his mistake. Mr. Magana stated that he was sick when the incident happened and next time he is sick he would just stay at home. Mr. Magana stated that he has been a server for twenty years and he has never had any prior violations. Mr. Magana further stated that he has passed prior compliance checks. Mr. Magana stated that the restaurant has policies and procedures and lots of training and he just made a mistake in the math. Mr. Magana stated that if he ever makes this mistake again he will not be allowed back in the restaurant. After considering all evidence and testimony presented and the Online License Review Board Questionnaire, pursuant to a motion by Jim Pehrson and a second by Judy Skeel, the License Review Board recommended a 14-DAY SUSPENSION (to start the day of the restaurants suspension) of the of the alcohol permit for Jaime Magana. The License Review Board voted 5-0 in favor of this motion.

Page 182 of 354

COBB COUNTY BUSINESS LICENSE


P.O. Box 649 Marietta, Georgia 30061-0649 phone: (770) 528-8410 fax: (770) 528-8414 Email: businesslicense@cobbcounty.org Business License Division Manager

Paul Foster

Cobb County License Review Board


FACTORS TO CONSIDER IN A SHOW CAUSE HEARING REGARDING AN ALCOHOL PERMIT DUE TO A SALE OF ALCOHOL TO AN UNDERAGE PERSON QUESTIONS FOR THE WORK PERMIT HOLDER

Permit Number: 136625

Permit Holder: MAGANA, JAIME

1. Are you still working with the business for which you have a permit? Yes 2. What was the violation(s)? selling a beer to a minor 3. Were there more than one violation? No 4. Did you check for ID? Yes 5. What explanation do you have regarding the violation? I had been sick all week from the Flu and it was my first day back on the job and when I ask for the ID I did not concentrate on the year she was born I still had watery eyes and headache... but i know this is no excuse. 6. Was the compliance check in regard to a complaint? No 7. How long have you worked at the business? for the last 10 years 8. Have you worked at any other location that sold alcoholic beverages? Yes 9. If so where and how long? for 4 years At el toro Mexican restaurant 10. Have you had any other violations at this location or other locations where alcohol was sold? No

136625

PAGE: 1 SCHR_ALCH_ WKPER_UUSALE

2/3/2014 3:43:56 PM

Page 183 of 354

11. Where do you place the blame for the violation? Yes 12. Did you receive written procedures regarding the sale of alcohol at this business prior to the violation(s)? Yes 13. Did you received written procedures after the voilation? Yes 14. How are the employees held accountable to follow the policies and procedures of the business? the manager has a meeting with all the employees and he points out how important is to ask for ID so we don`t sell to minors. 15. Were there consequences for you or your manager(s) for violations of policies and procedures? Yes 16. If there were consequences, what were they? the second time I have an issue with liquor i will be fire from job 17. Were there consequences for you and your manager(s) for violations of law/ordinances? Yes 18. If so, what were they? we have a court hearing to determine if my liquor permit would not be revoked. 19. How and when were these consequences communicated to you? right away after the incident. 20. Were you trained prior to the violation? No 21. Were you trained or retrained after the violation? Yes 22. Is there any reoccurring training? Yes 23. How many employees work at this location? 10 employees including cooks 24. Have you passed or failed a secret shopper program? No

136625

PAGE: 2 SCHR_ALCH_ WKPER_UUSALE

2/3/2014 3:43:56 PM

Page 184 of 354

25. If you passed a secret shopper program when? NA 26. If you passed a secret shopper program where were you working? NA 27. Are you familiar with the Georgia Drivers License and what is on the Georgia Drivers license to assist in determining whether or not to provide alcohol? Yes 28. Were you trained regarding what is on a Georgia Drivers License? yes 29. What do you look for on the identification prior to the sale of alcohol? Date of birth. and we prefer not to take an out of state driver license. 30. When do you ask for identification prior to an alcohol sale (i.e.- never, if look under 21, if look under 25, if look under 30, if look under 40, if have gray hair, everyone)? any body that looks under 30 years old 31. What type of identification do you accept prior to the sale of alcohol? drivers license, Georgia ID or US passport 32. Does the business where you are employed have a point of sale system (i.e.- cash register) that prompts for identification of date of birth prior to the sale of alcohol? No 33. If the business has a point of sale business is there an override feature? NA 34. Has there been a discussion between you and management or the owner/licensee regarding the violation? Yes 35. What assurance can you provide the LRB that the alcohol permit holder will not sell/provide alcohol in violation of State or County Law again? well I can assure you because we been having meeting about this issue and the owners don`t want to lose their liquor license because they know they can lose a lot of customers and maybe lose their business and we all can be out of work!!! 36. Do you take responsibility for any violations that the employee committed? Yes 37. Does the cash register or point of sale system track alcohol sales? Yes 38. Does the cash register or point of sale system track alcohol sales at what time they were sold? Yes
136625 PAGE: 3 SCHR_ALCH_ WKPER_UUSALE 2/3/2014 3:43:56 PM

Page 185 of 354

39. Does the cash register or point of sale system track alcohol sales by whom they were sold? No 40. Does the cash register or point of sale system track alcohol sales if ID was checked? No 41. Does the cash register or point of sale system track alcohol sales if the DOB was entered in the system prior to the sale of alcohol? No

136625

PAGE: 4 SCHR_ALCH_ WKPER_UUSALE

2/3/2014 3:43:56 PM

Page 186 of 354

Agenda Item Number. 49

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on January 23, 2014, by the License Review Board for Los Cazadores Mexican Restaurant, Inc., doing business as, Los Cazadores Mexican Restaurant #2, 2731 Sandy Plains Rd., Suite 162, Marietta, Georgia 30066, Antonio Aguirre, licensee.

BACKGROUND
On December 16, 1997, the Alcoholic Beverage Ordinance was amended to authorize the License Review Board to conduct a Show Cause Hearing to suspend or recommend to the Cobb County Board of Commissioners suspension or revocation of an Alcoholic Beverage License for due cause. The amendment also provided for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On January 23, 2014, the License Review Board conducted a Show Cause Hearing for Los Cazadores Mexican Restaurant, Inc., doing business as, Los Cazadores Mexican Restaurant #2, Antonio Aguirre, licensee, in regard to selling/furnishing an alcoholic beverage to an underage person by an employee of Los Cazadores Mexican Restaurant #2, on December 16, 2013. After conducting the Show Cause Hearing and considering all evidence and testimony presented, and the online questionnaire, the License Review Board recommended a 3-day (Monday thru Wednesday) suspension of the liquor, beer, wine, and Sunday sales pouring license for Los Cazadores Mexican Restaurant, Inc., doing business as, Los Cazadores Mexican Restaurant #2, Antonio Aguirre, licensee.

FUNDING
N/A
Page 187 of 354

Agenda Item Number. 49

RECOMMENDATION
The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the Show Cause Hearing of January 23, 2014 for Los Cazadores Mexican Restaurant, Inc., doing business as, Los Cazadores Mexican Restaurant #2, to suspend the liquor, beer, wine, and Sunday sales pouring license for 3-days (Monday thru Wednesday).

ATTACHMENTS
Summary of Appeal Hearing, January 23 2014

Page 188 of 354

Summary of Show Cause Hearing before the Cobb County License Review Board for Los Cazadores Mexican Restaurant, Inc. , doing business as, Los Cazadores Mexican Restaurant #2, located at 2731 Sandy Plains Rd., Suite 162, Marietta, GA 30066, Antonio Aguirre, licensee. On January 23, 2014, the hearing was conducted in the Bid Room, 1772 County Services Parkway, Marietta, Georgia 30008.
License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Steve Cook, attorney for Los Cazadores Mexican Restaurant, Inc., doing business as Los Cazadores Mexican Restaurant #2 stipulated to the facts and asked the License Review Board to have mercy on his client. Detective Creamer of the Cobb County Police Department Regulatory Services and Permits Unit stated that he conducted an underage compliance check on December 16, 2013 at Los Cazadores Mexican Restaurant #2 with Officer Barnhill and an underage volunteer. Det. Creamer provided the License Review Board with pictures of the underage volunteer, the twenty dollar-bill used to purchase the alcohol, and a picture of the underage volunteers valid identification. Det. Creamer stated that the underage volunteer entered the establishment with Officer Barnhill while he stayed outside of the establishment. Det. Creamer stated that Officer Barnhill and the underage volunteer were seated and the underage volunteer ordered and was served a Corona beer by Jaime Magana. Det. Creamer provided the License Review Board with a picture of the beer on the table after it was served to the underage volunteer. Mr. Cook stated that Los Cazadores Mexican Restaurant #2 is a family style restaurant and the server and manager of this establishment are very respectful individuals. Mr. Cook stated that the owner of Los Cazadores, Antonio Aguirre, and the server, Jaime Magana were present at the hearing. Mr. Cook stated that Mr. Magana simply made a mistake and that he had been sick and calculated the math wrong. Mr. Cook stated that Mr. Magana has been a server for several years and has never had a violation. Mr. Cook explained that Mr. Aguirre and Mr. Magana are related by marriage and that Los Cazadores is a family owned and operated business. Mr. Cook stated that Los Cazadores has been in business at this location since 1988 and has never had any prior violations. Mr. Cook stated that this establishment caters to families and that underage kids do not frequent this business without their parents. Mr. Cook stated that Los Cazadores will do the best that they can to prevent underage sales and they have not had a violation in their thirty years of operating until now and it was a huge mistake. Mr. Aguirre stated that the family meets monthly about the operations of the business. Mr. Aguirre stated that if Mr. Magana ever makes this mistake again he will be fired, family or not. Mr. Aguirre stated that their alcohol license is a vital part of the business and if they were to lose their alcohol license they will lose a lot of business and money. Mr. Cook stated that he is not just the attorney for Los Cazadores he is also a long time friend of the family that owns and operates the business. Mr. Cook stated that he has confidence that the owners and operators of the business are responsible business people. Mr. Cook stated that this is a serious infraction but they have a great record. Mr. Cook stated that an alcohol license is very important in a Mexican Restaurant. Mr. Cook asked the License Review Board for leniency and to consider their track record.

Page 189 of 354

After considering all evidence and testimony presented, pursuant to a motion by Eddie Canon, and a second by Judy Skeel, the License Review Board recommended a 3-DAY SUSPENSION (Monday thru Wednesday) of the liquor, beer, wine, and Sunday sales licenses for Los Cazadores Mexican Restaurant, Inc., doing business as, Los Cazadores Mexican Restaurant #2. The License Review Board voted 5-0 in favor of this motion.

Page 190 of 354

Agenda Item Number. 50

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for Volcano USA, Inc., doing business as, Volcano USA, Inc., doing business as, Volcano Sushi, 1720 Mars Hill Rd., Suite 140, Acworth, GA 30101, Xiu Feng Lin, licensee.

BACKGROUND
On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance restrictions are waived for the issuance of alcoholic beverage licenses and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On January 2, 2014 the application for the Cobb County liquor, beer, wine, and Sunday sales pouring license for Volcano USA, Inc., doing business as, Volcano Sushi was originally denied by the Business License Division Manager. The location of Volcano USA, Inc., doing business as, Volcano Sushi, 1720 Mars Hill Rd., Suite 140, Acworth, GA 30101, does not meet the distance requirement to a the property line of several residences and a church. The appeal of Volcano USA, Inc., doing business as, Volcano Sushi was heard before the License Review Board on January 23, 2014. After considering all testimony and evidence presented, and the completed License Review Board Questionnaire, the License Review Board recommended approval of the application for a liquor, beer, wine, and Sunday sales pouring license for Volcano USA, Inc., doing business as, Volcano Sushi.

FUNDING
N/A
Page 191 of 354

Agenda Item Number. 50

RECOMMENDATION
The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the appeal hearing of January 23, 2014 for Volcano USA, Inc., doing business as, Volcano Sushi.

ATTACHMENTS
Summary of Appeal Hearing, January 23 2014 License Review Board Questionnaire Survey

Page 192 of 354

Summary of Appeal Hearing before the Cobb County License Review Board for Volcano USA, Inc., doing business as, Volcano Sushi, located at 1720 Mars Hill Rd., Suite 140, Acworth, GA 30101, Xiu Feng Lin, licensee. On January 23, 2014 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway, Marietta, GA 30008.
License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Soo Lee, attorney for Volcano Sushi, testified that her client Ms. Lin owns four restaurants, one of which is in Cobb County. Ms. Soo stated that Ms. Lin has lots of restaurant experience and she knows what she is doing. Ms. Soo stated that there are establishments in the same shopping center that possess alcohol licenses that are closer to the residences than Volcano Sushi. Ms. Soo also stated that Volcano is more than 600 feet from the church building and that the operation of Volcano Sushi would not adversely affect the quiet enjoyment of the neighborhood or the church. Ms. Lin stated that her business hours will be from 11:00am to 10:30pm and she will have six employees. Ms. Lin stated that her business will only serve alcohol to persons over twenty-one years of age. Ms. Lin stated that staff will check identification of everyone unless they look like a grandfather. Ms. Lin stated that she has never had any violations in any of her other restaurants. Ms. Lin stated that to her knowledge there was no opposition to this application. After considering all evidence and testimony presented and the online questionnaire completed by Ms. Lin, and pursuant to a motion by Eddie Canon and a second by Larry Walker, the License Review Board recommended approval of the liquor, beer, wine, and Sunday sales pouring license for Volcano USA, Inc., doing business as, Volcano Sushi. The License Review Board voted 5-0 in favor of this motion.

Page 193 of 354

COBB COUNTY BUSINESS LICENSE


P.O. Box 649 Marietta, Georgia 30061-0649 phone: (770) 528-8410 fax: (770) 528-8414 Email: businesslicense@cobbcounty.org Business License Division Manager

Paul Foster

Cobb County License Review Board


FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCE RESTRICTION QUESTIONS FOR THE LICENSEE

License Number: ALC000766

Licensee: XIU FENG LIN

1. What was the distance in feet that caused denial of the alcohol license? 0 2. Was it to a church, school, park, library, residence, or liquor store? c 3. Are there other establishments in the area that have been granted an alcohol license? If so, how far are they from the proposed location? 3 4. Is there opposition to the application and if so what is their opposition and have you spoken to the oppositon? 4 5. Have you owned or worked in an establishment that sold/served alcoholic beverages? Yes 6. Have you ever violdated any Federal Law, State Law, or local ordinance regulating the sale of alcohol? No 7. Is issuing the alcohol license going to have an adverse effect on the the property value of the church, school, park, library or residence? No 8. Is issuing the alcohol license going to have an adverse effect on the property values of the community in the area? No 9. Is issuing the alcohol license going to have an adverse effect on the quality of life of the community? No

ALC000766

PAGE: 1 APHR_ALCH_ LIC_DISTANCE

2/3/2014 3:40:49 PM

Page 194 of 354

10. Is issuing the alcohol license going to have and adverse effect on the operation of the church, school, park, or library? No 11. What type of business will be operating at this location? Hibachi Restaurant 12. What type of training do you have in place for your employees? 12 13. What is your policy on when to check ID prior to the sale of alcohol? 13 14. When ID is requested, what are your employees trained to look for? Proper licenses/ID, underage (under 21, vertical) licenses, birthdate, authentication markers on licenses 15. What written policies and procedures are in place for the establishment? Reminders of the current date, reminders of the date that a person must have been born by to receive alcohol, written reminders of laws regarding alcohol pouring/serving, 16. Were the written policies provided with the application? No 17. What type of menu does the establishment have? Hiabachi style restaurant and sushi 18. Was the menu submitted with the application? Yes 19. What percentage of the food and alcohol sales will be from the sale of food? 19 20. What percentage of the stores total sales, where your application is seeking a package license, is from alcohol sales? 20 21. What are the hours of operation of the business? 21 22. Are there cameras in the establishment? Yes 23. How many cameras? Est. 5-10
ALC000766 PAGE: 2 APHR_ALCH_ LIC_DISTANCE 2/3/2014 3:40:49 PM

Page 195 of 354

24. How often are they reviewed? Daily 25. Why are they reviewed? To watch employees, insure quality, protect establishment and employees 26. How long is the video maintained? 1-2 weeks 27. Is the establishment going to have live entertainment? No 28. Is the establishment going to have a disc jockey? No 29. Is the establishment going to have a dance floor? No 30. What assurance can you provide the LRB that you and your employees will not sell/provide alcohol in violation of State or County Law. Owner is very experienced with serving alcohol and with pouring licenses. Owner has attended several classes on alcohol safety and license checking. 31. Why should the LRB grant the alcohol license? Business will provide employment opportunities and a family friendly environment. Owner is committed to providing a safe environment, as a mother of three, and will be strict with alcohol policies. 32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol? We can provide written materials and prove our knowledge of the laws and local ordinances regarding alcohol service. 32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol? We can provide written materials and prove our knowledge of the laws and local ordinances regarding alcohol service. 33. Do you take responsibility for the actions of your employees and any violations that the employees may commit? Yes - full responsibility 34. Are there any consequences to the employee for violations of State law or county ordinances? Yes 35. What are the consequences?

ALC000766

PAGE: 3 APHR_ALCH_ LIC_DISTANCE

2/3/2014 3:40:49 PM

Page 196 of 354

Suspension/firing, depending on severity 36. How many employees will the establishment have? 36 37. How often will they be retrained? Yearly 38. Will you implement a secret shopper program? Yes 39. What consequences will there be if an employee fails to comply with procedures? 39 40. If an application is being made for a convenience store, grocery store, or liquor package store, will the cash register require submittal of the Date of Birth of the customer prior to an alcohol sale? NA 41. Is there an override option? Yes 42. Does the cash register or point of sale system track alcohol sales? 42 43. Does the cash register or point of sale system track alcohol sales? Yes 44. Does the cash register or point of sale system track when they were sold? Yes 45 Does the cash register or point of sale system track by whom they were sold? Yes 46. Does the cash register or point of sale system track if ID was checked? No 47. Does the cash register or point of sale system track the Date of Birth prior to the sale of alcohol?

ALC000766

PAGE: 4 APHR_ALCH_ LIC_DISTANCE

2/3/2014 3:40:49 PM

Page 197 of 354

No

ALC000766

PAGE: 5 APHR_ALCH_ LIC_DISTANCE

2/3/2014 3:40:49 PM

Page 198 of 354

Page 199 of 354

Page 200 of 354

Agenda Item Number. 51

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on January 23, 2014 by the License Review Board for Ashley Powell.

BACKGROUND
The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct an Appeal Hearing to consider the appeal of the denial of an alcohol permit. The Ordinance also provides for the Board of Commissioners to review a summary of the Appeal Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On January 23, 2014, the License Review Board conducted an appeal hearing for Ashley Powell in regard to the denial of her alcohol permit by the Cobb County Police Department. After conducting the Appeal Hearing and considering all evidence and testimony presented during the hearing and the Online License Review Board Questionnaire, the License Review Board recommended approval of the issuance of the alcohol permit for Ms. Powell.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners review the summary of the Appeal Hearing of January 23, 2014 for Ashley Powell, and affirm the decision of the License Review Board.

ATTACHMENTS
Summary of Appeal Hearing, January 23 2014 License Review Board Questionnaire

Page 201 of 354

Summary of Appeal Hearing before the Cobb County License Review Board for Ashley Powell, Alcohol Permit while currently working at Movie Tavern, located at 4651 Woodstock Rd., Suite 430, Roswell, GA 30075. On January 23, 2014 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway, Marietta, GA 30008.
License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Det. Rusty Creamer with the Cobb County Police Departments Regulatory Services and Permits Unit testified that Ashley Powell truthfully indicated on the alcohol permit application a felony drug conviction in August 2012. Ms. Powell stated that she is sorry for her mistakes and bad decisions. Ms. Powell stated that she served two years in prison and is now on parole. Ms. Powell stated that she has always been in the restaurant business and that she started working at OCharleys when she was eighteen years old. Ms. Powell stated that she has eighty-six credit hours at Kennesaw State University and she plans to go back and finish school. Ms. Powell stated that while she was in school she got a D.U.I. and her life was a downward spiral from there. Ms. Powell stated that after the D.U.I. she was arrested for a marijuana charge and then she was arrested for possession of meth with the intent to distribute. Ms. Powell stated that while she was in prison she had a lot of time to reflect on her life and she promised herself that she would change. Ms. Powell stated that she is truly trying to do things right. Ms. Powell stated that she has a seven year old son that lives with her mom and she needs this job to help support him. Ms. Powell stated that she works Thursday thru Sunday which allows her to help her mom with her son Monday thru Wednesday. Ms. Powell stated that she has always been a bartender and she needs her permit to work at Movie Tavern. Ms. Powell stated that Movie Taverns policy is to check the identification of everyone ordering alcohol. Ms. Powell stated that she lives with her brother off Chastain Road and that she is doing really good now and she is working her way back. Ms. Powell stated that alcohol is no longer a problem and that is all in the past. Ms. Powell stated that her parole officer is okay with her working at Movie Tavern serving alcohol. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Larry Walker and a second by Jim Pehrson the License Review Board recommended approval of the alcohol permit for Ashley Powell. Vote 4-1 for approval of the alcohol work permit; Milton Beck opposed.

Page 202 of 354

COBB COUNTY BUSINESS LICENSE


P.O. Box 649 Marietta, Georgia 30061-0649 phone: (770) 528-8410 fax: (770) 528-8414 Email: businesslicense@cobbcounty.org Business License Division Manager

Paul Foster

Cobb County License Review Board


FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT

Permit Number: 138289

Work Permit Applicant: POWELL, ASHLEY

1. What was the criminal offense(s) that caused the denial of the alcohol work permit? possession of methamphetamine 2. Were there extenuating circumstances with the offense such as a wreck involved, violence involved, theft, confrontation with the police, etc.? none 3. What type of sentence did you receive? five with two to be served 4. Have you completed the sentence? no 5. Where do you live and with whom? in marietta off chastain rd with my brother 6. How long has it been since the arrest? I was arrested on january 30th 2012 7. How long has it been since the conviction? I was sentenced in july of 2012 8. Where do you work? movie tavern 9. Is it a bar? Nightclub? Restaurant? it is a movie theater with a resteraunt 10. What type of position do you have with the establishment? bartender 11. What are the policies and procedures of the establishment?

138289

PAGE: 1 APHR_ALCH_WKPERMIT_DENIAL

2/3/2014 3:43:17 PM

Page 203 of 354

card everyone, never serve anybody already intoxicated, must be eighteen to pour, twenty one to drink, must be two people when a bottle of wine is ordered, inform a manager know of any situations that they may need to know about ie needing to cut somebody off, refusing service 12. What type of training does the establishment have for employees? sixteen days extensive paid training 13. Is this the primary source of income for you? yes 14. What have you done to ensure that you do not violate the law/ordinances in the future? ie - change of friends, change of address, change of life style I got my charges and went to prison from whitfield co. When I came home on November 7, 2013 I knew it was time to make some major changes in my life. I wanted a new life. I began looking for jobs bartending in cobb county because i have family in cobb and i have a good work history and have never been on drugs in cobb. It is when i moved to dalton georgia that I started making the bad decisions to do drugs in my life. Since Ive been home, in a short period of time, God blessed me with a new job and a very nice home to live in all in marietta. Plus I am a juniour at Kennesaw State University I have over eighty credit hours and I would like to start going to school again sometime this year. Since I have been home I have changed where I was living, I never talk to any of the people that I talked to before I got in trouble. I just work hard and spend time with my family. I can honestly say I am proud of myself and the decisions I have been making since I came hom and I know my family is proud of me as well. 15. Do you have a support mechanism such as family, friends, spouse, children, church, etc? great support from family 16. Are you going to school? No 17. If so, what is your grade point average? NA 18. What assurance can you provide the LRB that you will not sell/provide alcohol in violation of State or County Law? I have been bartending in cobb county since I was eighteen years old and I have never violated a state or county law about providing alcohol since then. 19. Why should the LRB grant the permit? Because this is the job I have been doing almost my whole life, its what Im good at and I need the permit to make a living and pay my bills 20. What evidence can you provide the LRB that you understand State and County law regarding the sale and service of alcohol? must be twenty one to drink, eighteen to pour or serve, must card everyone, never serve anyone already intoxicated, if you knowlingly serve someone intoxicated and they drive away from there you are responsible for what happens to them or anybody else they may harm. 21. What has the impact been on you and the ones around you due to your criminal actions?

138289

PAGE: 2 APHR_ALCH_WKPERMIT_DENIAL

2/3/2014 3:43:17 PM

Page 204 of 354

Because of the bad choices I made while on drugs I got into a lot of trouble and it has been very hard on my family. my family had to go almost two years with me gone. This was most hard on my son who is seven years old. He had a hard tiome at school while I was gone. However since I have been home he is doing much better and I have met and spoken with his teachers since I have been home and he has really improved dramatically since Im back in his life on a regular basis. I love my son and my familky very much. I am truly sorry for the bad choices and decisions I have made in the past and I feel the best way for me to show them how sorry I am is by making the right choices today and in the future. I think working at movie tavern is the right choice for me today and I greatly appreciate your consideration in this matter. Thank you.

138289

PAGE: 3 APHR_ALCH_WKPERMIT_DENIAL

2/3/2014 3:43:17 PM

Page 205 of 354

Agenda Item Number. 52

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on January 9, 2014 by the License Review Board for Destiny Davis.

BACKGROUND
The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct an Appeal Hearing to consider the appeal of the denial of an alcohol permit. The Ordinance also provides for the Board of Commissioners to review a summary of the Appeal Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On January 9, 2014, the License Review Board conducted an appeal hearing for Destiny Davis in regard to the denial of her alcohol permit by the Cobb County Police Department. After conducting the Appeal Hearing and considering all evidence and testimony presented during the hearing and the Online License Review Board Questionnaire, the License Review Board recommended approval of the issuance of the alcohol permit for Ms. Davis.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners review the summary of the Appeal Hearing of Jnauary 9, 2014 for Destiny Davis, and affirm the decision of the License Review Board.

ATTACHMENTS
Summary January 9, 2014 Appeal Hearing License Review Board Questionnaire

Page 206 of 354

Summary of Appeal Hearing before the Cobb County License Review Board for Destiny Davis, Alcohol Permit while currently working at Stellas, located at 2810 East West Conn., Austell, GA 30106. On January 9, 2014 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway, Marietta, GA 30008.
License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Det. Rusty Creamer with the Cobb County Police Departments Regulatory Services and Permits Unit testified that Destiny Davis truthfully indicated on the alcohol permit application a Felony Theft by Shoplifting conviction. Ms. Davis provided the License Review Board with a letter from her probation officer which stated that working in an establishment serving alcohol would not be a violation of her probation. Ms. Davis explained to the License Review Board that while working in a department store she met a man at Walmart that was asking for money and told her that he was homeless. Ms. Davis stated that she told the man to come see her at her job and she would get him some clothes. Ms. Davis stated that she allowed him to come to her register and she pretended to be checking the gentleman out at her register but she did not charge him for the clothes. Ms. Davis stated that she was fired from her job and charged with Felony Theft by Shoplifting. Ms. Davis stated that she is currently working at Stellas and she explained Stellas alcohol policies and procedures. Ms. Davis stated that Stellas hours of operation are from 11:00a.m. to 11:00p.m. Ms. Davis stated that she has no previous experience serving alcohol. Ms. Davis stated that she has two small children to support ages two and five and that her job at Stellas is her only source of income. Ms. Davis stated that Stellas has offered her a position in management but she cannot accept the position until she has obtained her alcohol permit. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Larry Walker and a second by Jim Pehrson the License Review Board recommended approval of the alcohol permit for Destiny Davis. Vote 5-0

Page 207 of 354

COBB COUNTY BUSINESS LICENSE


P.O. Box 649 Marietta, Georgia 30061-0649 phone: (770) 528-8410 fax: (770) 528-8414 Email: businesslicense@cobbcounty.org Business License Division Manager

Paul Foster

Cobb County License Review Board


FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT

Permit Number: 138141

Work Permit Applicant: DAVIS, DESTINY NICOLE

1. What was the criminal offense(s) that caused the denial of the alcohol work permit? Theft by shoplifting 2. Were there extenuating circumstances with the offense such as a wreck involved, violence involved, theft, confrontation with the police, etc.? Theft 3. What type of sentence did you receive? 5 years probation terminate after 2years 4. Have you completed the sentence? no 5. Where do you live and with whom? 1165 cypress log place austell ga 30168. my children 6. How long has it been since the arrest? jan 2013 7. How long has it been since the conviction? october 1, 2013 8. Where do you work? stellas 9. Is it a bar? Nightclub? Restaurant? Restaurant 10. What type of position do you have with the establishment? Hostess 11. What are the policies and procedures of the establishment?

138141

PAGE: 1 APHR_ALCH_WKPERMIT_DENIAL

1/16/2014 8:09:51 AM

Page 208 of 354

No under age drinking check id also no serving without a permit. 12. What type of training does the establishment have for employees? Training with another employee 13. Is this the primary source of income for you? yes 14. What have you done to ensure that you do not violate the law/ordinances in the future? ie - change of friends, change of address, change of life style My kids and family Change of friends Change of lifestyle Got connected with a church Following christ Got on the right path Love my job and doing great at it. 15. Do you have a support mechanism such as family, friends, spouse, children, church, etc? yes 16. Are you going to school? Yes 17. If so, what is your grade point average? start in january 18. What assurance can you provide the LRB that you will not sell/provide alcohol in violation of State or County Law? Think about my kids i would NEVER Wont anyone to.sell alochol to anyone under age. I never had a dui or any drug charges not my lifestyle. Also if a person has reached their limit i will ca a taxi for them. My cousin died n a dui crash so i take it VERY VERY SERIOUS. 19. Why should the LRB grant the permit? I love my job they want to promote me to assistant manager. I have changed and everything happens for a reason you have to grow from it. I learned my lesson now i got to move forward in my life and make a better lifestyle for my kids and make them proud of me. I regret my past.but i csnt change it all i can do is be the lady the lord wants me to be im very smart.and great with business mangement. I feel that im a big asset to my job and they want me to Suceed ans become.a manager. I regret my past but o cant let it stop me for wat the.lord.has.n store for me.in the future l. Lost my mom and all my grandparents its just me and my father and i want to make him proud i graduated.h.s. have.3 years.of college just made a wrong decision hanging with the wrong crowd. NOW GOD IS MY BESTFRIEND.DONT NEED ANY FRIENDS.BUT HIM. 20. What evidence can you provide the LRB that you understand State and County law regarding the sale and service of alcohol? I read and understood the.alochol laws.which include cut off times.and how to determine a fake i.d.and to card EVERYONE NO EXCEPTATIONS

138141

PAGE: 2 APHR_ALCH_WKPERMIT_DENIAL

1/16/2014 8:09:51 AM

Page 209 of 354

21. What has the impact been on you and the ones around you due to your criminal actions? A major inpact the money i spend on probation could be goiong to my kids. I feel that my actions then was selfish and i wasnt thinking my kids need.me and i need them i want to make sure they have the best in life and all want to WORK HARD TO MALE SURE THEY DO. I REALLY NEED MY PERMIT SO I XAN MOVE UP IN THE.COMPANY AND TP FEEL LIKE I ACOMPLISHED SOMETHING ALL THINGS ARE POSSIBLE THRU.CHRIST.

138141

PAGE: 3 APHR_ALCH_WKPERMIT_DENIAL

1/16/2014 8:09:51 AM

Page 210 of 354

Agenda Item Number. 53

Cobb County County Manager 's Office


David Hankerson, County Manager 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-2600 / fax: (770) 528-2606

Comm. Dist. All

TO: FROM:

Board of Commissioners David Hankerson, County Manager This item has been electronically signed by:
David Hankerson, County Manager

DATE:

February 11, 2014

PURPOSE
To authorize the issuance and advertisement for a Request for Proposals for professional services to identify unrealized revenue from various County revenue sources and to identify incorrect or overcharges in the area of telecommunications and utility costs.

BACKGROUND
After discussions with the Chairman, the County Manager initiated discussions on various revenue sources and expenditures in which the County could increase revenues and identify potential cost savings. As a result of numerous discussions with Agency Directors and Department Managers, it was determined that seeking a professional consulting firm to perform revenue enhancement and expenditure reduction services would be advantageous to the County. Revenue enhancement is the ability to identify unpaid taxes and/or fees from businesses and individuals discovered to owe revenue to the County by virtue of non-compliance with state and local laws and regulations. Expenditure reduction is the ability to identify overcharges or reduction in costs charged to the County. It is anticipated that these services will be performed on a contingency basis with the consultant only being paid when a refund or savings is identified. The Cobb County Water System is currently utilizing the services of a consultant on a contingency basis to assist in ensuring that users of retail water and sewer services provided by CCWS are properly and equitably billed for such services.

Page 211 of 354

Agenda Item Number. 53

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners authorize the issuance and advertisement for a Request for Proposals for professional services to identify unrealized revenue from various County revenue sources and to identify incorrect or overcharges in the area of telecommunications and utility costs.

Page 212 of 354

Agenda Item Number. 54

Cobb County Office of Economic Development


Michael H.S. Hughes, AICP, Director 100 Cherokee Street, Suite 450 Marietta, Georgia 30090-7000 (770) 528-2607 / fax: (770) 528-2636

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Michael H.S. Hughes, AICP, Director This item has been electronically signed by:
Michael H.S. Hughes, AICP, Director

DATE:

February 11, 2014

PURPOSE
To adopt a resolution approving the issuance by the Development Authority of Cobb County of its tax-exempt Industrial Development Revenue Bonds for the purpose of assisting Bake One, Inc.

BACKGROUND
The Development Authority of Cobb County is considering issuing up to $5,000,000.00 of its tax-exempt Industrial Development Revenue Bonds to finance a capital project consisting of production line equipment to be owned or operated by Bank One, Inc., for use in its food processing facility located at 1200 Wilson Way, Smyrna, Georgia. Section 147(f) of the Internal Revenue Code of 1986, as amended, provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of tax-exempt bonds is located shall approve the issuance of such bonds.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt a resolution from the Development Authority of Cobb County approving the issuance of its Industrial Development Revenue Bonds, in a principal amount not to exceed $5,000,000.00, to finance a capital project consisting of production line equipment, and authorize the Chairman to execute the necessary documents.
Page 213 of 354

Agenda Item Number. 54

ATTACHMENTS
Bake One Report of Public Hearing Bake One Publishers Affidavit with TEFRA notice Bake One Resolution

Page 214 of 354

Page 215 of 354

Page 216 of 354

RESOLUTION OF THE BOARD OF COMMISSIONERS OF COBB COUNTY, GEORGIA APPROVING THE ISSUANCE BY THE DEVELOPMENT AUTHORITY OF COBB COUNTY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (BAKE ONE, INC. PROJECT), SERIES 2014 TO FINANCE A CAPITAL PROJECT CONSISTING OF PRODUCTION LINE EQUIPMENT TO BE OWNED OR OPERATED BY BAKE ONE, INC. FOR USE IN ITS FOOD PROCESSING FACILITY WHEREAS, on at least 14 days notice published in the Marietta Daily Journal, a public hearing was held in the Media Center at the Cobb County Chamber of Commerce, located at 240 Interstate North Parkway, SE, Atlanta, Georgia 30339, on the 10th day of January, 2014, at 11:00 a.m., concerning a proposed issuance by the Development Authority of Cobb County (the Authority) of its Industrial Development Revenue Bonds (Bake One, Inc. Project), Series 2014 (the Bonds), in an aggregate principal amount not to exceed $5,000,000. The proceeds of the sale of the Bonds, when and if issued, are to be used to pay or reimburse the costs of a capital project in Cobb County (the County) consisting of the acquisition and installation of production line equipment (the Project), to be located at 1200 Wilson Way, Smyrna, Georgia 30082. The initial owner or operator of the Project is to be Bake One, Inc., a Georgia corporation (the Company), which will use the Project at its food processing facility; and WHEREAS, the proposed Bonds will not be obligations of the County, or of the State of Georgia or of any county, municipal corporation, or political subdivision of the State of Georgia. The proposed Bonds will not be paid from taxes but will be payable by the Authority solely from amounts to be paid or provided by the Company and no performance audit or performance review shall be conducted with respect to such bond issue; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code), provides, in effect, that in order for the interest on the proposed Bonds to be excluded from the holders gross incomes for federal income tax purposes, the public approval requirements of said section must be complied with; and WHEREAS, the location of the Project is entirely within the County, and the Board of Commissioners of the County (the Board) constitutes the elected legislative body of the County and is a proper body for granting the necessary public approval; and WHEREAS, the Authority has requested that the Board approve the issuance of the Bonds for the purposes stated above, the nature and location of the Project, and the plan of financing for the Project with the Bonds; and WHEREAS, the Board finds and determines that it is in the public interest of the County to grant such approval. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Cobb County as follows:

16557834v.3

Page 217 of 354

Section 1. The issuance of the Bonds by the Authority for the benefit of the Company in an aggregate principal amount not to exceed $5,000,000 for the above-described purposes, the nature and location of the Project, and the plan of financing for the Project, described above, are hereby approved for purposes of Section 147(f) of the Code. Section 2. Such approval by the Board does not constitute any representation by the County to the prospective purchasers of the Bonds as to the creditworthiness of the Company or the economic feasibility of the Project nor does it create, either expressly or by implication, any obligation on the part of the County for the payment of the Bonds or debt service thereon, such Bonds and debt service being payable solely from the sources described above. Section 3. This Resolution shall take effect immediately upon its adoption.

ADOPTED this 11th day of February, 2014.

By:_____________________________________ Chairman of the Board Commissioners of Cobb County, Georgia ATTEST:

________________________________ Clerk of the Board Commissioners of Cobb County, Georgia [SEAL]

2
16557834v.3

Page 218 of 354

CLERKS CERTIFICATE I, the undersigned Clerk of the Board of Commissioners of Cobb County, Georgia (the County), DO HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the approval of the issuance of the Development Authority of Cobb County Industrial Development Revenue Bonds (Bake One, Inc. Project), Series 2014, constitute a true and correct copy of the resolution adopted on February 11, 2014, by the Board of Commissioners of the County at a meeting duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, and that the original of such resolution appears of record in the Minute Book of the County which is in my custody and control. GIVEN under my hand and the official seal of Cobb County, Georgia, this _____ day of February, 2014.

Clerk of the Board of Commissioners of Cobb County, Georgia

[SEAL]

16557834v.3

Page 219 of 354

Agenda Item Number. 55

Cobb County CDBG Program Office


Kimberly Roberts, Director 121 Haynes Street Marietta Marietta, Georgia 30060 (770) 528-1455 / fax: (770) 528-1466 Administered by W. Frank Newton, Inc. An Equal Opportunity Employer Program Management Firm for Cobb County Frank Newton, President Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Kimberly Roberts, Director This item has been electronically signed by:
Kimberly Roberts, Director Michael H.S. Hughes, AICP, Director

DATE:

February 11, 2014

PURPOSE
To authorize the allocation of grant funds from the Georgia Department of Human Services (DHS) under the FY14 Community Services Block Grant Program received from the Georgia Department of Human Services.

BACKGROUND
Each year, Cobb County makes application to the Georgia Department of Human Services (DHS) for Community Services Block Grant (CSBG) Program funds to be used by local service agencies to provide services to eligible Cobb County residents. On September 24, 2013, the County authorized the applications for, and acceptance of, grant funds from DHS under the FY 2014 Community Services Block Grant Program in the amount of $570,351.00. Services provided include employment and training services, GED and literacy programs, housing and shelter for homeless families and individuals, including disabled veterans, health services for homeless clients, and childcare for children of homeless families. Cobb County has received CSBG Program funds since 1988.

Page 220 of 354

Agenda Item Number. 55

IMPACT STATEMENT
The Georgia Department of Human Services (DHS) provides 100% of the funding for eligible CSBG projects. Local service agencies supplement DHS funds with their own resources. Service agencies are notified that no guarantee is provided regarding future funding. No matching funds are required from the County General Fund.

FUNDING

The following budget appropriations account for the entirety of funds applied for and accepted by the BOC on September 24, 2013 in the amount of $570,351.00. Transfer from: Transfer to: 220-310-C14Z-6574 220-310-C14B-6574 220-310-C14D-6574 220-310-C14E-6574 220-310-C14F-6574 220-310-C14G-6574 220-310-C14L-6574 220-310-C14M-6574 220-310-C14N-6574 220-310-C14P -6574 220-310-C14S-6574 220-310-C14Q-6574 220-310-C14R-6574 220-310-C14A-6302 220-310-C14A-6312 220-310-C14A-6572 220-310-C14A-6116 220-310-C14A-6416 220-310-C14A-6312 220-310-C14A-6262 Uncommitted Center for Family Resources Cobb Literacy Council Cobb Senior Services Communities in Schools Community Health Center MUST Ministries The Extension Inc. Hope Atlanta Travelers Aid Turner Hill CDC Marietta Y.E.L.L.S YWCA of Northwest GA Zion Keepers Audit Program Administration Bank Service Charge Office Supplies Travel Database Management & Training Software License Fees Total Transfer from: 220-310-C14A-6581 Cobb County Indirect Costs Page 221 of 354 $565,909.00 $69,196.00 $45,196.00 $13,196.00 $34,196.00 $33,195.00 $78,196.00 $70,196.00 $13,196.00 $38,196.00 $52,196.00 $30,196.00 $23,196.00 $4,000.00 $45,000.00 $100.00 $500.00 $1,500.00 $14,400.00 $58.00 $565,909.00 $1,942.00

Agenda Item Number. 55

Transfer to:

220-310-C14A-6262

Software License

$1,942.00

RECOMMENDATION
The Board of Commissioners authorize the allocation of grant funds from the Georgia Department of Human Services (DHS) under the FY14 Community Services Block Grant (CSBG) Program; authorize all necessary budget transactions; and further authorize the Chairman to execute all necessary documents.

Page 222 of 354

Agenda Item Number. 56

Cobb County CDBG Program Office


Kimberly Roberts, Director 121 Haynes Street Marietta Marietta, Georgia 30060 (770) 528-1455 / fax: (770) 528-1466 Administered by W. Frank Newton, Inc. An Equal Opportunity Employer Program Management Firm for Cobb County Frank Newton, President Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Kimberly Roberts, Director This item has been electronically signed by:
Kimberly Roberts, Director

DATE:

February 11, 2014

PURPOSE
To amend the Cobb County Annual Action Plan for Program Year 2011 to reallocate Emergency Solutions Grant funds from Turner Hill Community Development Corporation to The Center for Family Resources and Hope Atlanta Travelers Aid.

BACKGROUND
On October 2, 2013, the Cobb County Community Development Block Grant (CDBG) Program Office received a letter from Turner Hill Community Development Corporation (Turner Hill CDC) rescinding its PY2011 Emergency Solutions Grant (ESG) allocation in the amount of $21,900.00 for homeless prevention activities. Based on their current resources, Turner Hill CDC is unable to utilize this portion of their award. The Center for Family Resources (CFR) and Hope Atlanta Travelers Aid (Travelers Aid) requested funding for homelessness prevention and will be able to spend the funds by the deadline of July 31, 2014. This amendment is classified as substantial and warrants a public meeting and comment period because the funds will be used for a new activity. The public notice was published on Friday, December 20, 2013 and the public meeting was conducted on Tuesday, January 14, 2013. The public comment period ended Monday, January 20, 2014. There were no public comments received.

Page 223 of 354

Agenda Item Number. 56

IMPACT STATEMENT
The ESG Program requires matching funds source. The match requirements are passed on to the local subrecipient agencies. Cobb County will not have to provide General Fund matching resources for these U.S. Department of Housing and Urban Development (HUD) grants. ESG funding for subrecipients are appropriated for one year only, with no guarantee of renewal or additional funding, unless the Board of Commissioners approves pre-awards for longer periods of time.

FUNDING
The following budget amendments account for the transfer of ESG funds: Transfer from: 280-390-ES11-003T-6574-0250 Turner Hill CDC The Center for Family Resources Hope Atlanta Travelers Aid $21,900.00 $14,900.00 $7,000.00

Transfer to: 280-390-ES11-003T-6574-0222 280-390-ES11-003T-6574-0501

Total

$21,900.00

RECOMMENDATION
The Board of Commissioners amend the Cobb County Annual Action Plan for Program Year 2011 to reallocate Emergency Solutions Grant funds from Turner Hill Community Development Corporation, in the amount of $21,900.00, to The Center for Family Resources and Hope Atlanta Travelers Aid, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Page 224 of 354

Agenda Item Number. 57

Cobb County Finance Department


Jim Pehrson, CPA, Director/Comptroller 100 Cherokee Street, Suite 400 450 Marietta, Georgia 30090-9610 (770) 528-1503 / fax: (770) 528-1501

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager James Pehrson, CPA, Director/Comptroller This item has been electronically signed by:

DATE:

February 11, 2014

PURPOSE
To adopt a resolution adopting all budget amendments set forth in agenda items on this date.

BACKGROUND
Georgia Law, O.C.G.A. 36-81-3 (b), requires each unit of local government to operate under an annual balanced budget adopted by ordinance or resolution. Cobb County Code 2-49 provides for revisions to the adopted budget during the year only by formal action of the commission in a regular meeting. In an official opinion date February 24, 1999, the Attorney General of the State of Georgia concluded that all amendments to the budgets of local governments must be adopted by ordinance at each meeting when the amendments are approved by the Board of Commissioners.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt a resolution adopting all budget amendments set forth in agenda items on this date.

ATTACHMENTS
RESOLUTION

Page 225 of 354

Resolution

COBB COUNTY BOARD OF COMMISSIONERS

RESOLUTION

ADOPTING ALL BUDGET AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS DATE

WHEREAS, Georgia Law, O.C.G.A. 36-81-3 (b), requires each unit of government to operate under an annual balanced budget adopted by ordinance or resolution; and WHEREAS, Cobb County Code 2-49 provides for revisions to the adopted budget during the year only by formal action of the commission in a regular meeting; and WHEREAS, in official opinion date February 24, 1999, the Attorney General of the State of Georgia concluded that all amendments to the budgets of local government must be adopted by ordinance or resolution; NOW, THEREFORE, BE IT RESOLVED the Cobb County Board of Commissioners does hereby adopt all such budget amendments as are set forth in agenda items which are adopted by the Board of Commissioners without change this date, as well as other such budget amendments as shall be specifically detailed in motions adopted by the Board of Commissions this date.

This 11th of February 2014

Page 226 of 354

Agenda Item Number. 58

Cobb County Finance Department


Jim Pehrson, CPA, Director/Comptroller 100 Cherokee Street, Suite 400 450 Marietta, Georgia 30090-9610 (770) 528-1503 / fax: (770) 528-1501

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager James Pehrson, CPA, Director/Comptroller This item has been electronically signed by:
James Pehrson, CPA, Director/Comptroller

DATE:

February 11, 2014

PURPOSE
To approve resolutions with the State of Georgia-sponsored Georgia Fund I for the purposes of authorizing updates to the list of Cobb County employees authorized to transact County business for all GaFI accounts and change the bank accounts into which GaFI sends funds for two of the GaFI accounts.

BACKGROUND
Since 1987, Cobb County has maintained accounts (currently four) with the State of Georgias Georgia Fund I (also referred to in the past as the Local Government Investment Pool) for purposes of investing short-term idle funds. For two of the four GaFI accounts, when funds are moved between the County and GaFI, whether for deposit or withdrawal, one Cobb County bank account has been designated as a clearing account through which such transactions must flow which creates an extra step in the accounting process. In order to streamline and simplify this process, thereby reducing the paperwork necessary for internal accounting, we propose at this time to cease utilizing the clearing account for these two accounts and run the transactions directly from or to the appropriate operating account. Separately, due to changes in responsibilities within the Finance Department it is appropriate at this time to also update the list of County employees authorized to initiate transactions with GaFI for each of the four accounts.

FUNDING
N/A

Page 227 of 354

Agenda Item Number. 58

RECOMMENDATION
The Board of Commissioners approve four resolutions with the State of Georgia-sponsored Georgia Fund I (GaFI) for the purposes of (a) authorizing updates to the list of Cobb County employees authorized to transact County business for all GaFI accounts and (b) authorize a change of bank accounts into which GaFI sends funds for two of the GaFI accounts.

ATTACHMENTS
RESOLUTIONS

Page 228 of 354

Page 229 of 354

Page 230 of 354

Page 231 of 354

Page 232 of 354

Page 233 of 354

Page 234 of 354

Page 235 of 354

Page 236 of 354

Agenda Item Number. 59

Cobb County Office of the District Attorney


Vic Reynolds, District Attorney- Cobb Judicial Circuit 70 Haynes Street Marietta, Georgia 30090 (770) 528-3080 / fax: (770) 528-3030

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Vic Reynolds, District Attorney - Cobb Judicial Circuit This item has been electronically signed by:
Vic Reynolds, District Attorney - Cobb Judicial Circuit

DATE:

February 11, 2014

PURPOSE
To authorize the District Attorney to hire a contract investigator for the purposes of providing investigative services for the Cold Case Unit and provide funds for said contract employee.

BACKGROUND
The District Attorney established a Cold Case Unit in January 2014 for the purposes of investigating aging, unsolved cases to determine the feasibility of further investigation and/or prosecution of such cases. The District Attorney's Office will be the lead legal advisor to this Unit and will provide resources for the daily operations of the Unit. Currently, Cobb County has approximately 100 unsolved murder cases. Working in conjunction with a contract investigator, we believe these cases can be given the time needed for additional investigation that the police departments cannot commit to due to an already overwhelming active investigation caseload.

IMPACT STATEMENT
Prosecution, victim service and support staff resources will be provided by existing personnel in the District Attorney's Office. Additional time and specialty services by a dedicated investigator is needed to further the efforts of the Cold Case Unit. This investigator will be a contract employee paid for services upon submission of invoiced work. Said contract services will be provided at a rate of $29 per hour, 40 hours per week for the time period of February 1, 2014 through September 31, 2014. Should this program be expected to be extended into FY15, the DA office will first seek funding grants from alternative sources of funding; however, if unavailable, the DA will seek incremental funding as part of the FY2015/2016 bi-annual budget process.
Page 237 of 354

Agenda Item Number. 59

FUNDING
Funding is available with the following budget transfer: From: To: 010-015-0145-8820 010-170-8750-6326 (Undesignated Contingency) (Professional Services) $40,600.00 $40,600.00

RECOMMENDATION
The Board of Commissioners authorize the District Attorney to hire a contract investigator for the purposes of providing investigative services for the Cold Case Unit, appropriate funds for said contract employee, and further authorize the corresponding budget transactions.

Page 238 of 354

Agenda Item Number. 60

Cobb County Sheriff's Office


Neil Warren, Sheriff 185 Roswell Street Marietta, Georgia 30090-9650 (770) 499-4620 / fax: (770) 499-4794

Comm. Dist.

TO:

Cobb County Board of Commissioners David Hankerson, County Manager Neil Warren, Sheriff This item has been electronically signed by:
Neil Warren, Sheriff

FROM:

DATE:

February 11, 2014

PURPOSE
To approve a change order to the contract with Digital Solutions Incorporated, substituting CorEMR as the provider of the medical component of the electronic jail management system.

BACKGROUND
In 2010, the Board approved a contract with Digital Solutions Incorporated (DSI) to provide a comprehensive electronic jail management system for the Sheriff's Office. The medical component of that system was to be provided by GE as a subcontractor to DSI. There have been a number of issues related to moving forward with the GE software and DSI has proposed substituting software from CorEMR. Medical staff at the Jail reviewed the CorEMR software and believes it to be a better fit for the detention environment. DSI has agreed to provide the CorEMR software for the same price as the GE software.

FUNDING
Funding has already been included in the base contract with DSI.

RECOMMENDATION
To approve a change order to the contract with Digital Solutions Incorporated (DSI), substituting CorEMR as the provider of the medical component of the electronic jail management system; and authorize the Chairman to execute the necessary documents.

Page 239 of 354

Agenda Item Number. 61

Cobb County County Clerk's Office


Candace W. Ellison, CCC, County Clerk 100 Cherokee Street, Suite 355 Marietta, Georgia 30090-9605 (770) 528-3307 / fax: (770) 528-3325

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Candace Ellison, County Clerk This item has been electronically signed by:
Candace Ellison, County Clerk

DATE:

February 11, 2014

PURPOSE
To approve the minutes of the following meetings: January 13, 2014 - Special Called Meeting/Agenda Work Session January 14, 2014 - Regular Meeting of the Board January 21, 2014 - BOC Comp Plan Hearing January 27, 2014 - Special Called Meetnig/Agenda Work Session

FUNDING
N/A

ATTACHMENTS
Agenda Work Session minutes - January 13, 2014 Regular Meeting minutes BOC Comp Plan Hearing minutes Agenda Work Session minutes - January 27, 2014

Page 240 of 354

MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION COBB COUNTY BOARD OF COMMISSIONERS JANUARY 13, 2014 10:00 A.M.

Upon notice duly advertised, the Cobb County Board of Commissioners attended a Special Called Meeting/Agenda Work Session on Monday, January 13, 2014 which began at 10:09 a.m. in the 3rd floor conference room, 100 Cherokee Street, Marietta, Georgia, for the purpose of receiving information and participating in discussion regarding the January 14, 2014 agenda. Present and comprising a quorum of the Board were:

Chairman Tim Lee Commissioner JoAnn Birrell Commissioner Lisa Cupid Commissioner Helen Goreham Commissioner Bob Ott

No official action was taken by the Board.

ADJOURNMENT The discussion concluded at 10:16 a.m.

_____________________________________ Karen L. King Assistant County Clerk Cobb County Board of Commissioners

Page 241 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 9:00 A.M.

The Regular Meeting of the Cobb County Board of Commissioners was held on Tuesday, January 14, 2014 at 9:00 a.m. in the second floor public meeting room in the Cobb County Building, Marietta, Georgia. Present and comprising a quorum of the Board were: Commissioner JoAnn Birrell Commissioner Lisa Cupid Commissioner Helen Goreham Commissioner Bob Ott, Vice Chairman Not Present: Chairman Tim Lee

1.

CALL TO ORDER VICE CHAIRMAN OTT Vice Chairman Ott called the meeting to order at 9:04 a.m.

2.

PRESENTATION OF THE FY13 YEAR-END RESULTS AT THE FUND LEVEL FROM THE AUDITED COMPREHENSIVE ANNUAL REPORT

Mr. Jim Pehrson, Finance Director/Comptroller, presented information regarding the FY13 year-end results at the fund level, from the audited Comprehensive Annual Financial Report (CAFR). A copy of the information presented is attached and made a part of these minutes. 3. PUBLIC COMMENT MR. BEN WILLIAMS

Mr. Ben Williams addressed the Board regarding a letter from the Citizens for Governmental Transparency regarding the Braves move to Cobb County. 4. AUTHORIZATION TO ADD THE FOLLOWING NON-AGENDA ITEM TO THIS AGENDA FOR CONSIDERATION MOTION: Motion by Ott, second by Goreham, to authorize the addition of the following non-agenda item to this agenda for consideration: TAB 3, ITEM 23 CONSENT To authorize the settlement of a workers compensation claim on behalf of Tim Smith. VOTE: ADOPTED 4-0, Chairman Lee absent

Page 242 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 2

5.

CONSENT AGENDA MOTION: Motion by Birrell, second by Cupid, to approve the following items on the Consent Agenda, as revised and with the following addition, and authorize the appropriate County personnel to execute the necessary documents: Consent Item No. 22 Approval of Minutes Board of Commissioners Zoning Hearing Minutes of December 17, 2013, page 13, O.B. 5, revise to include the following phrase at the end of the second bullet: said site plan dated December 18, 2013 titled Spring Hill Parkway Tract II is attached and made a part of these minutes

WATER SYSTEM AGENCY Engineering 5A. APPROVAL OF CONTRACT WITH RAY CAMPBELL CONTRACTING CO., INC. FOR THE FRASER ROAD AREA WATER MAIN REPLACEMENT WATER SYSTEM To approve a construction contract with Ray Campbell Contracting Co., Inc., in the amount of $934,890.00, for Fraser Road Area Water Main Replacement, Program No. W2257, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding is available in the Water Systems Fraser Road Area Water Main Replacement, Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2257. Transfer from: Fraser Road Area Water Main Replacement Preliminary Estimates 510-500-5754-8005 W2257-Z Transfer to: Fraser Road Area Water Main Replacement Construction 510-500-5754-8260 Interest Expense on Retainage 510-500-5754-6613 Materials & Supplies 510-500-5754-8265 Contingency 510-500-5754-8810

$968,590.00

W2257-C W2257-A W2257-M W2257-T Total

$934,890.00 $ 4,700.00

$ 10,000.00 $ 19,000.00 $968,590.00

5B.

APPROVAL OF ADDITION OF GARNEY COMPANIES, INC. TO THE LIST OF PREQUALIFIED CONTRACTORS FOR WATER AND SEWER LINE INSTALLATION WATER SYSTEM To approve the addition of Garney Companies, Inc. to the Water Systems List of Prequalified Contractors.

Page 243 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 3

5.

CONSENT AGENDA (CONT.) TRANSPORTATION AGENCY Administration 5C. DETERMINATION THAT CIRCUMSTANCES ARE SUCH THAT IT IS NECESSARY TO PROCEED WITH CONDEMNATION PROCEEDINGS BY DECLARATION OF TAKING UNDER O.C.G.A. 32-3-4, ET SEQ., ON ONE PARCEL ON CEDARCREST ROAD - TRANSPORTATION To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Cedarcrest Road, State Project No. CSHPP0007-00(529), State P. I. No. 0007529, Cobb County Project No. D4070; adopt a Resolution and Order; and further authorize the Chairman to execute the necessary documents. Parcel No. 24 Unknown property owner Planning 5D. APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE ATLANTA REGIONAL COMMISSION REGARDING MEMBERSHIP ON THE REGIONAL TRANSIT COMMITTEE TRANSPORTATION To approve a Memorandum of Agreement (MOA) with the Atlanta Regional Commission (ARC) regarding membership on the Regional Transit Committee (RTC) for calendar years 2014-2016, as approved by the County Attorneys Office; and authorize the Chairman to execute the necessary documents. 5E. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT A PUBLIC HEARING TO SECURE TRANSPORTATION PLANNING SERVICES FOR DEVELOPMENT OF A CUMBERLAND-GALLERIA CIRCULATOR IMPLEMENTATION PLAN, AND AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE TRANSPORTATION PLANNING SERVICES - TRANSPORTATION To authorize advertisement for and conduct of a public hearing to secure transportation planning services for development of a CumberlandGalleria circulator implementation plan, and further authorize issuance of a Request for Proposals in accordance with Selection Process 1 (Competitive Negotiations).

9,311.81 sq. ft. fee simple right-of-way 2,536.30 sq. ft. perm. construction easement

Page 244 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 4 5. CONSENT AGENDA (CONT.) PUBLIC SERVICES AGENCY Elections and Registration 5F. ADOPTION OF RESOLUTION TO SET THE QUALIFYING FEES FOR EACH COUNTY OFFICE TO BE FILLED IN 2014 AND AUTHORIZATION FOR THE DIRECTOR OF ELECTIONS TO PUBLISH SUCH FEES IN THE LEGAL ORGAN PRIOR TO FEBRUARY 1, 2014 ELECTIONS AND REGISTRATION To adopt a resolution to set the qualifying fees for each county office to be filled in 2014, and authorize the Director of Elections to publish said fees in the legal organ prior to February 1, 2014. A copy of the resolution is attached and made a part of these minutes. Funding: No funding is required for fixing the qualifying fee, only for the advertisement in the county legal organ. Library System 5G. AUTHORIZATION TO EXPAND SERVICE HOURS AT ALL LOCATIONS OF THE COBB COUNTY PUBLIC LIBRARY SYSTEM, EFFECTIVE JANUARY 6, 2014 LIBRARY SYSTEM To authorize the expansion of service hours at all locations of the Cobb County Public Library System beginning January 6, 2014. A copy of the library branch schedule is attached and made a part of these minutes SUPPORT SERVICES AGENCY Property Management 5H. AUTHORIZATION TO RENOVATE THE COBB COMMUNITY TRANSIT COMPLEX LOCATED ON COMMERCE PARK DRIVE PROPERTY MANAGEMENT To authorize renovations at the Cobb Community Transit Complex located on Commerce Park Drive, in an amount not to exceed $60,000.00, and further authorize the corresponding budget transactions. Funding: Available in the FY14 approved Transit Capital Projects Fund budget with the following budget transfers: Transfer from: Transfer to: 202-050-4826-8005 202-050-4826-6148 202-050-4826-6258 202-050-4826-6326 202-050-4826-8110 202-050-4826-8481 $60,000.00 $ 1,285.64 $ 1,770.00 $ 1,289.23 $39,250.13 $16,405.00

Page 245 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 5 5. CONSENT AGENDA (CONT.) SUPPORT SERVICES AGENCY (CONT.) Property Management (cont.) 5I. APPROVAL OF CONTRACT WITH ICS CONTRACTING FOR CUSTODIAL SERVICES AT THE EMPLOYEE CLINIC PROPERTY MANAGEMENT To approve a contract with ICS Contracting, in the amount of $5,800.00, for the remainder of fiscal year 2014 for custodial services at the employee clinic, located at 1150 Powder Springs Street, Marietta; and authorize the corresponding budget transactions. Funding is available with the following budget transactions that transfer funding from the Health Claims Fund to the General Fund's Custodial Services: Appropriate (increase) Health Claims Fund's Fund Balance Revenue 700-095-8012-4980 $5,800.00 Appropriate (increase) Health Claims Fund's Transfers-out Expenditure 700-095-8012-6594 $5,800.00 Increase Property Management's Transfers-in Revenue 010-110-3640-4960 $5,800.00 Increase Property Management's Custodial Services Maintenance) Expenditure 010-110-3640-6491 $5,800.00 PUBLIC SAFETY AGENCY Fire and Emergency Services 5J. AUTHORIZATION TO ACCEPT FY13 HOMELAND SECURITY FUNDS PASSED THROUGH THE GEORGIA EMERGENCY MANAGEMENT AGENCY/HOMELAND SECURITY FOR CONTINUED ENHANCEMENT OF THE SEARCH AND RESCUE TEAM FIRE AND EMERGENCY SERVICES To authorize the acceptance of FY13 Homeland Security funds passed through the Georgia Emergency Management Agency (GEMA), in the amount of $19,320.00, for continued enhancement of the Search and Rescue Team, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: There is no local match requirement. Pursuant to the ongoing agreement approved by the Board of Commissioners to provide regional search and rescue response upon request. Increase revenue: 270-130-G281-4493(GEMA) $19,320.00 Increase expense: 270-130-G281-6207(Safety Supplies) $19,320.00 (Annual

Page 246 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 6 5. CONSENT AGENDA (CONT.) PUBLIC SAFETY AGENCY (CONT.) 911 Emergency 5K. APPROVAL OF LICENSE AGREEMENT BETWEEN COBB COUNTY AND COBB ELECTRIC MEMBERSHIP CORPORATION 911 EMERGENCY To approve the license agreement with Cobb Electrical Membership Corporation, authorize the corresponding budget transactions to include all subsequent on-going revenues with the corresponding expense as the revenue is received, and further authorize the Chairman to execute the necessary documents. Funding will be appropriated as received as follows: Increase revenue: Rental - Real Estate/Equipment Increase expense: Standard Reserve Contingency COMMUNITY DEVELOPMENT AGENCY Administration 5L. AUTHORIZATION TO CREATE A NEW DEPUTY DIRECTOR POSITION WITHIN THE COMMUNITY DEVELOPMENT AGENCY AND APPROVAL OF OPERATING BUDGET TO SUPPORT THE POSITION COMMUNITY DEVELOPMENT To authorize the creation of a new Deputy Director position, grade 64 within the Community Development Agency, effective January 5, 2014, to facilitate additional responsibilities, workload, and duties; approve the operating budget to support the position; and further authorize the corresponding budget transfers. Funding is available in FY 2014 with the following budget transfer: Transfer from: 010-015-0145-8820 (Undesignated Contingency) Transfer to: 010-030-0310-6012 (Salary) 010-030-0310-6032 (Disability) 010-030-0310-6034 (FICA) 010-030-0310-6036 (Medical) 010-030-0310-6038 (Life Insurance) 010-030-0310-6044 (Retirement) 010-030-0310-6052 (Workers Comp) 010-030-0310-6054 (Dental)

010-130-1900-4870

010-130-1900-8818

$95,130.28 $71,696.90 $ 258.11 $ 5,484.81 $ 4,440.06 $ 286.79 $11,743.95 $ 940.66 $ 279.00

Page 247 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 7 5. CONSENT AGENDA (CONT.) COMMUNITY DEVELOPMENT AGENCY (CONT.) Planning Division 5M. ADOPTION OF ANNEXATION RESPONSE PER HB489 INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING 1.6 ACRES AND 2.2 ACRES LAND USE KNOWN AS 1514, 1401 AND 1445 PEBBLEBROOK ROAD FOR THE CITY OF SMYRNA PLANNING To adopt response per HB489 Intergovernmental Agreement and HB2 regarding 1.6 acres land use known as Parcel No. 17054300020 of Land Lot 543 District 17th, 2nd Section, known as 1514 Pebblebrook Road, and also 2.2 acres Parcels No. 17053400070 and 17054300060 of Land Lot 542 and 543 District 17th, 2nd Section, 1401 and 1445 Pebblebrook Road for the City of Smyrna. A copy of said response is attached and made a part of these minutes. 5N. ADOPTION OF ANNEXATION RESPONSE PER HB489 INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING 83.2 AND 2.64 ACRES LAND USE KNOWN AS 1650 COBB PARKWAY FOR THE CITY OF KENNESAW - PLANNING To adopt response per HB489 Intergovernmental Agreement and HB2 regarding 83.2 and 2.64 acres land use known as Parcels 6 and 487 of Land Lots 207, 280, 211 and 212 District 20th, 2nd Section, known as 1650 Cobb Parkway for the City of Kennesaw. A copy of said response is attached and made a part of these minutes. 5O. ADOPTION OF RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION ON BEHALF OF THE VININGS HISTORIC PRESERVATION SOCIETY TO THE DEPARTMENT OF NATURAL RESOURCES HISTORIC PRESERVATION DIVISION 2014 HISTORIC PRESERVATION FUND GRANT TO STABILIZE AND REPAIR THE FOUNDATION OF THE CIRCA 1870 SOLOMON AND PENELOPY PACE HOUSE LOCATED IN VININGS - PLANNING To adopt a resolution authorizing the submittal of an application on behalf of the Vinings Historic Preservation Society to the Department of Natural Resources Historic Preservation Division 2014 Historic Preservation Fund Grant for the purpose of stabilization and repair of the foundation of the circa 1870 Solomon and Penelopy Pace House located in Vinings; and authorize the Chairman to execute the necessary documents. A copy of the resolution is attached and made a part of these minutes.

Page 248 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 8 5. CONSENT AGENDA (CONT.) COMMUNITY DEVELOPMENT AGENCY (CONT.) Business License Division 5P AFFIRMATION OF DECISION BY THE LICENSE REVIEW BOARD REGARDING THE ISSUANCE OF AN ALCOHOL PERMIT FOR MARK STANGA - BUSINESS LICENSE DIVISION To affirm the December 19, 2013 decision by the License Review Board to recommend approval of the alcohol permit for Mark Stanga. 5Q. AFFIRMATION OF DECISION BY THE LICENSE REVIEW BOARD REGARDING 168 OEC STEAKHOUSE, INC., D/B/A 168 OEC STEAKHOUSE, INC., D/B/A MUSASHI STEAK AND SUSHI HOUSE, QUN LIN, LICENSEE - BUSINESS LICENSE DIVISION To affirm the December 19, 2013 decision by the License Review Board to recommend approval of the beer, wine, and Sunday sales pouring license for 168 OEC Steakhouse, Inc., d/b/a, Musashi Steak and Sushi House, 1690 Powder Springs Road, Marietta, Georgia, 30064, Qun Lin, licensee. HUMAN RESOURCES 5R. APPROVAL OF COMPENSATION POLICY ASSOCIATE JUDGE OF PROBATE COURT RESOURCES HUMAN RESOURCES FOR THE HUMAN

To approve a compensation policy for the Associate Judge of Probate Court at 75% of the salary of the Probate Judge. A copy of the policy is attached and made a part of these minutes. 5S. AUTHORIZATION TO CREATE AND FUND ONE HUMAN RESOURCES COORDINATOR POSITION IN THE HUMAN RESOURCES DEPARTMENT HUMAN RESOURCES To authorize the creation and funding for one Human Resources Coordinator position, Grade 51, in the Human Resources Department, and further authorize the corresponding budget transfers. Funding: The full-year cost of this new position is $93,424.22. The future funding for this new position will be included in the FY 2015 Recommended Budget and beyond. FY14 funding is available with the following transfer: Transfer from: 010-015-0145-8820 (GF Undesignated Contingency) Transfer to: 010-095-2600-6012 (Salary) 010-095-2600-6032 (Disability) 010-095-2600-6034 (FICA) 010-095-2600-6036 (Medical) 010-095-2600-6038 (Life Insurance) 010-095-2600-6044 (Retirement) 010-095-2600-6052 (Workers Comp) 010-095-2600-6054 (Dental) $63,719.53

$41,184.00 $ 148.26 $ 3,150.58 $11,506.68 $ 164.74 $ 6,745.94 $ 540.33 $ 279.00

Page 249 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 9 5. CONSENT AGENDA (CONT.) FINANCE 5T. ADOPTION OF RESOLUTION ADOPTING ALL BUDGET AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS DATE FINANCE To adopt a resolution adopting all budget amendments set forth in agenda items on this date. A copy of the resolution is attached and made a part of these minutes. 5U. APPROVAL OF ADDITIONAL RECOMMENDED COUNTY RESERVES AND AUTHORIZATION TO APPROPRIATE APPROVED RESERVE FUNDS INTO THE FY14 BUDGET FINANCE To approve additional county reserves as recommended, authorize the appropriation of the approved reserve funds into the FY14 budget, and further authorize the corresponding budget transactions. Funding: Below are additional county wide General Fund reserve requests into FY14. South Cobb Redevelopment Authority-Operating Marietta Tax Allocation District (TAD) Number Three Solid Waste Post Closure Study Solid Waste Post Closure Methane Gas Remediation $ 18,300.00

$ 122,920.00 $ 50,000.00

$ 250,000.00

Prior Year Tax Collections above the 95% Collection Rate $3,842,708.00 Total Increase revenue: 010-015-0145-4980 (Fund Balance) Increase expenditure: 010-015-0145-8852 (Fund Balance Reserve) COUNTY CLERK 5V. APPROVAL OF MINUTES COUNTY CLERK To approve the minutes of the following meetings: December 17, 2013 - BOC Zoning Hearing December 19, 2013 Special Called Meeting/Agenda Work Session December 19, 2013 - Regular Meeting of the Board $4,283,928.00

$4,283,928.00

$4,283,928.00

Page 250 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 10 5. CONSENT AGENDA (CONT.) HUMAN RESOURCES 5W. APPROVAL OF SETTLEMENT OF WORKERS COMPENSATION CLAIM ON BEHALF OF TIM SMITH HUMAN RESOURCES To approve the settlement of the workers compensation claim for Tim Smith, SBWC# 2013-087454, in the amount of $140,000.00, with no open medical, and authorize the Human Resources Director and the Workers Compensation Administrator to execute the necessary documents. Funding: Available in the Workers Compensation Claims Fund CONSENT VOTE: ADOPTED 4-0, Chairman Lee absent 6. TRANSPORTATION AGENCY Engineering 6A. APPROVAL OF CONSULTING SERVICES AGREEMENT WITH MICHAEL BAKER JR., INC., TO COMPLETE THE DESIGN OF INTERSECTION SAFETY AND OPERATIONAL IMPROVEMENTS ON JOHNSON FERRY ROAD AT SEWELL MILL ROAD - TRANSPORTATION MOTION: Motion by Ott, second by Birrell, to approve a Consulting Services Agreement with Michael Baker Jr., Inc., in an amount not to exceed $87,201.00, to complete the design of intersection safety and operational improvements on Johnson Ferry Road at Sewell Mill Road, Project No. D3220, MIS Contract No. 000766; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: Available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: 340-050-7503-D322-8721-D3220-E $55,169.19 340-050-7503-D322-8761-D3220-C $32,031.81 340-050-7503-D322-8722-D3220-E $87,201.00

Transfer to:

VOTE: ADOPTED 4-0, Chairman Lee absent 6B. APPROVAL OF CONTRACT WITH LEWALLEN CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF SILVER COMET TRAIL PEDESTRIAN BRIDGES TRANSPORTATION MOTION: Motion by Cupid, second by Ott, to approve a contract with Lewallen Construction Company, Inc., in an amount not to exceed $398,000.00, for construction of Silver Comet Trail Pedestrian Bridges, Project No. E1160, MIS Contract No. 000031; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 251 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 11

6.

TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 6B. APPROVAL OF CONTRACT WITH LEWALLEN CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF SILVER COMET TRAIL PEDESTRIAN BRIDGES TRANSPORTATION (CONT.) Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfers: Transfer from: 345-050-E001-E116-8761-E1160-C $300,000.00 345-050-E001-E117-8761-E1170-C $ 98,000.00 345-050-E001-E116-8762-E1160-C $398,000.00

Transfer to:

VOTE: ADOPTED 4-0, Chairman Lee absent 6C. APPROVAL OF CONTRACT WITH CHATFIELD CONTRACTING COMPANY, INC., FOR DRAINAGE SYSTEM IMPROVEMENTS ALONG SILVER COMET TRAIL TRANSPORTATION MOTION: Motion by Cupid, second by Ott, to approve a contract with Chatfield Contracting Company, Inc., in an amount not to exceed $225,100.00, for drainage system improvements along Silver Comet Trail, Project No. E2040, MIS Contract No. 000689; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E002-E204-8761-E2040-C $225,100.00 345-050-E002-E204-8762-E2040-C $225,100.00

VOTE: ADOPTED 4-0, Chairman Lee absent 6D. APPROVAL OF RESURFACING CONTRACT 2014-1 COUNTYWIDE MAJOR THOROUGHFARES (LOCAL MAINTENANCE IMPROVEMENT GRANT) WITH BALDWIN PAVING COMPANY, INC., FOR THE RESURFACING OF COUNTY-MAINTAINED STREETS - TRANSPORTATION MOTION: Motion by Goreham, second by Birrell, to approve Resurfacing Contract 2014-1 Countywide Major Thoroughfares (Local Maintenance Improvement Grant) with Baldwin Paving Company, Inc., in an amount not to exceed $10,887,950.51, for the resurfacing of Countymaintained streets, Project No. E9130, MIS Contract No. 000756; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 252 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 12 6. TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 6D. APPROVAL OF RESURFACING CONTRACT 2014-1 COUNTYWIDE MAJOR THOROUGHFARES (LOCAL MAINTENANCE IMPROVEMENT GRANT) WITH BALDWIN PAVING COMPANY, INC., FOR THE RESURFACING OF COUNTY-MAINTAINED STREETS TRANSPORTATION (CONT.) Funding: Available in the 2011 SPLOST Transportation Improvements Program (TIP) Fund with the following budget transfers: Transfer from: 345-050-E009-E913-8761-E9130-C $ 8,999,000.00 345-050-E009-E922-8761-E9220-C $ 1,877,149.96 Transfer to: 345-050-E009-E913-8762-E9130-C $10,876,149.96

Available in the Water System's SPLOST Project-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects - Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z

12,090.55

Transfer to: Floyd Road Turn Lane at East/West Connector Construction 510-500-5756-8260-W4303-C $ 11,800.55 Interest Expense on Retainage 510-500-5756-6613-W4303-A Contingency 510-500-5756-8810-W4303-T Total VOTE: ADOPTED 4-0, Chairman Lee absent 6E. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE CONTRACT WITH R. K. SHAH AND ASSOCIATES, INC., TO COMPLETE DESIGN OF ROADWAY SAFETY AND OPERATIONAL IMPROVEMENTS ON LOWER ROSWELL ROAD (WEST) - TRANSPORTATION MOTION: Motion by Ott, second by Cupid, to approve Supplemental Agreement No. 1 to the contract with R. K. Shah and Associates, Inc., in an amount not to exceed $70,794.78, to complete the design of roadway safety and operational improvements on Lower Roswell Road (West), Project No. D6130, MIS Contract No. 000106; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents. $ $ 230.00 12,090.55

60.00

Page 253 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 13 6. TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 6E. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE CONTRACT WITH R. K. SHAH AND ASSOCIATES, INC., TO COMPLETE DESIGN OF ROADWAY SAFETY AND OPERATIONAL IMPROVEMENTS ON LOWER ROSWELL ROAD (WEST) TRANSPORTATION (CONT.) Funding: Available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 340-050-7506-D613-8721-D6130-E $70,794.78 340-050-7506-D613-8722-D6130-E $70,794.78

Increase GAE 340081407423: 340-050-7506-D613-8722-D6130E $70,794.78 VOTE: ADOPTED 4-0, Chairman Lee absent 6F. WITHDRAWAL OF REQUEST FOR APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR ENGINEERING DESIGN OF ROADWAY SAFETY AND OPERATIONAL IMPROVEMENTS ON SIX FLAGS DRIVE (PHASE 1) AND SIX FLAGS DRIVE (PHASE 2) TRANSPORTATION This agenda item was withdrawn from this agenda and was not considered at this meeting. 6G. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH CMES, INC., FOR SIDEWALK CONSTRUCTION ON SIX FLAGS DRIVE - TRANSPORTATION MOTION: Motion by Cupid, second by Birrell, to approve Change Order No. 1 (final) to the contract with CMES, Inc., a savings to the project in the amount of $207,168.72, for sidewalk construction on Six Flags Drive, State Project No. CSTEE-0008-00(104), State P. I. No. 0008104, Cobb County Project No. D7030, MIS Contract No. 000478; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: A savings to the 2005 SPLOST Transportation Improvements Program Fund. Decrease GAE 340032712601: 340-050-7507-D703-8762-D7030-C $153,214.17 Decrease appropriation of revenue from Georgia Department of Transportation Contract CSTEE-0008-00(104), as follows: Decrease Revenue Appropriation: 340-050-7507-D703-4466-D7030-C $111,483.35 Decrease Expenditure Appropriation: 340-050-7507-D703-8762-D7030-C $111,483.35

Page 254 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 14 6. TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 6G. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH CMES, INC., FOR SIDEWALK CONSTRUCTION ON SIX FLAGS DRIVE - TRANSPORTATION A savings to the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510032712601: 510-500-5756-8260-W4133-C Transfer from: Six Flags Drive Sidewalk Construction 510-500-5756-8260-W4133-C Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z VOTE: ADOPTED 4-0, Chairman Lee absent 6H. APPROVAL OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH CMES, INC., FOR ROADWAY SAFETY AND OPERATIONAL IMPROVEMENTS ON LOWER ROSWELL ROAD (EAST) - TRANSPORTATION MOTION: Motion by Ott, second by Goreham, to approve Change Order No. 2, a no-cost time extension, to the contract with CMES, Inc., for roadway safety and operational improvements on Lower Roswell Road (East), Project No. D6140, MIS Contract No. 000484; and authorize the Chairman to execute the necessary documents. VOTE: ADOPTED 4-0, Chairman Lee absent 6I. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH W. E. CONTRACTING COMPANY, INC., FOR DRAINAGE SYSTEM REPAIRS ON HUNTING CREEK DRIVE - TRANSPORTATION MOTION: Motion by Ott, second by Cupid, to approve Change Order No. 1 (final) to the contract with W. E. Contracting Company, Inc., a savings to the project in the amount of $12,319.30, for drainage system repairs on Hunting Creek Drive, Project No. E2440, MIS Contract No. 000739; and authorize the Chairman to execute the necessary documents. Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345081313402: 345-050-E002-E244-8762-E2440-C $12,319.30 VOTE: ADOPTED 4-0, Chairman Lee absent

$ 53,954.55

$ 53,954.55

$ 53,954.55

Page 255 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 15 6. TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 6J. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH D&H CONSTRUCTION COMPANY, INC., FOR IMPROVEMENTS ON JOHN WARD ROAD SIDEWALK, PHASE 2 - TRANSPORTATION MOTION: Motion by Goreham, second by Cupid, to approve Change Order No. 1 (final) to the contract with D&H Construction Company, Inc., a savings to the project in the amount of $122,341.67, for improvements on John Ward Road Sidewalk, Phase 2, Project No. E7180, MIS Contract No. 000639; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345051413404: 345-050-E007-E718-8762-E7180-C $85,274.92 A savings to the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510051413404: 510-500-5756-8260-W4285-C Transfer from: John Ward Road Sidewalk Construction 510-500-5756-8260-W4285-C Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z VOTE: ADOPTED 4-0, Chairman Lee absent 6K. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH SUMMIT CONSTRUCTION AND DEVELOPMENT, LLC, FOR SCHOOL ZONE SAFETY AND OPERATIONAL IMPROVEMENTS ON CHURCH STREET AT MABLETON ELEMENTARY SCHOOL - TRANSPORTATION MOTION: Motion by Cupid, second by Goreham, to approve Change Order No. 1 (final) to the contract with Summit Construction and Development, LLC, a savings to the project in the amount of $38,336.24, for school zone safety and operational improvements on Church Street at Mableton Elementary School, Project No. E8010, MIS Contract No. 000640; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345042313704: 345-050-E008-E801-8762-E8010-C $33,502.89

$37,066.75

$37,066.75

$37,066.75

Page 256 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 16 6. TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 6K. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH SUMMIT CONSTRUCTION AND DEVELOPMENT, LLC, FOR SCHOOL ZONE SAFETY AND OPERATIONAL IMPROVEMENTS ON CHURCH STREET AT MABLETON ELEMENTARY SCHOOL TRANSPORTATION (CONT.) A savings to the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510042313704: 510-500-5756-8260-W4284-C Transfer from: Church Street at Mableton Elementary School Construction 510-500-5756-8260-W4284-C Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z VOTE: ADOPTED 4-0, Chairman Lee absent 6L. APPROVAL OF PROJECT NO. E4090-TO#01 TO THE 2012 MASTER TASK ORDER CONTRACT WITH GRESHAM, SMITH AND PARTNERS FOR A CONCEPT CORRIDOR STUDY FOR WINDY HILL ROAD/TERRELL MILL ROAD CONNECTOR TRANSPORTATION MOTION: Motion by Ott, second by Goreham, to approve Project No. E4090-TO#01 to the 2012 Master Task Order Contract with Gresham, Smith and Partners, in an amount not to exceed $49,884.00, for a concept corridor study for Windy Hill Road/Terrell Mill Road Connector, MIS Contract No. 000565; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E004-E409-8721-E4090-E $49,884.00 345-050-E004-E409-8722-E4090-E $49,884.00

$ 4,833.35

$ 4,833.35

$ 4,833.35

VOTE: ADOPTED 4-0, Chairman Lee absent

Page 257 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 17 6. TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 6M. AUTHORIZATION TO PAY THE U. S. ARMY CORPS OF ENGINEERS FOR PLAN REVIEW OF THE BRIDGE REPLACEMENT ON OLD STILESBORO ROAD OVER LITTLE ALLATOONA CREEK - TRANSPORTATION MOTION: Motion by Goreham, second by Cupid, to authorize payment to the U. S. Army Corps of Engineers (USACE), in an amount not to exceed $5,000.00, for plan review of the bridge replacement on Old Stilesboro Road over Little Allatoona Creek, Project No. E1060; and further authorize the corresponding budget transaction. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E001-E106-8721-E1060-E $5,000.00 345-050-E001-E106-8722-E1060-E $5,000.00

VOTE: ADOPTED 4-0, Chairman Lee absent Road Maintenance 6N. AUTHORIZATION TO PROCURE A WALK-BEHIND CONCRETE FLOOR SAW TO BE UTILIZED BY THE DEPARTMENT OF TRANSPORTATION 2011 SPLOST TRANSPORTATION IMPROVEMENTS PROGRAM SIDEWALK, DRAINAGE, AND BRIDGE CREW - TRANSPORTATION MOTION: Motion by Goreham, second by Cupid, to authorize procurement of a walk-behind concrete floor saw, in an amount not to exceed $14,559.00, to be utilized by the Department of Transportation 2011 SPLOST Transportation Improvements Program Sidewalk, Drainage and Bridge Crew. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund as follows: 345-050-E007-E700-8776-E7000-P VOTE: ADOPTED 4-0, Chairman Lee absent $14,559.00

Page 258 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 18 6. TRANSPORTATION AGENCY (CONT.) Planning 6O. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR ADDITIONAL SERVICES NECESSARY TO COMPLETE THE ENVIRONMENTAL ASSESSMENT/ENVIRONMENTAL IMPACT STATEMENT DOCUMENTATION FOR A POTENTIAL MAJOR TRANSPORTATION INVESTMENT IN THE NORTHWEST CORRIDOR - TRANSPORTATION MOTION: Motion by Cupid, second by Goreham, to approve Supplemental Agreement No. 1 to the contract with Kimley-Horn and Associates, Inc., in an amount not to exceed $295,000.00, for additional services necessary to complete the Environmental Assessment/Environmental Impact Statement documentation for a potential major transportation investment in the Northwest Corridor, Project No. E10E0, MIS Contract No. 000584; and authorize the Chairman to execute the necessary documents as approved by the County Attorney's Office. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund as follows: 340-050-E010-E10E-8722-E10E0-E VOTE: ADOPTED 4-0, Chairman Lee absent 7. PUBLIC SERVICES AGENCY Parks, Recreation, and Cultural Affairs 7A. APPROVAL OF CONTRACT WITH AQUA UNDERGROUND, INC. FOR CONSTRUCTION SERVICES RELATED TO THE INSTALLATION OF AN ATHLETIC FIELD IRRIGATION SYSTEM AT THE AL BISHOP SOFTBALL COMPLEX, UNDER THE 2011 PARKS, RECREATION AND CULTURAL AFFAIRS PARKS, RECREATION, AND CULTURAL AFFAIRS MOTION: Motion by Goreham, second by Birrell, to approve a contract with Aqua Underground, Inc., in an amount not to exceed $176,900.00, for construction services related to the installation of an athletic field irrigation system at the Al Bishop Softball Complex, under the 2011 PRCA SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 PRCA SPLOST fund as follows: Al Bishop Field Renovation 345-105-E040-EP400 C-8125 VOTE: ADOPTED 4-0, Chairman Lee absent $295,000.00

$176,900.00

Page 259 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 19 7. PUBLIC SERVICES AGENCY (CONT.) Parks, Recreation, and Cultural Affairs (cont.) 7B. APPROVAL OF CONTRACT WITH CROFT AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES FOR DESIGN OF IMPROVEMENTS TO THE COBB COUNTY CIVIC CENTER PARKS, RECREATION, AND CULTURAL AFFAIRS MOTION: Motion by Goreham, second by Birrell, to approve a contract with Croft and Associates, Inc., in an amount not to exceed $322,735.00, for professional services for design of improvements to the Cobb County Civic Center under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 PRCA SPLOST fund as follows: Civic Center Building Improvements 345-105-E030-EP304 E-8722 VOTE: ADOPTED 4-0, Chairman Lee absent 8. SUPPORT SERVICES AGENCY Property Management 8A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 2 (FINAL) TO THE CONTRACT WITH ALLSOUTH SPRINKLER CO., INC., FOR WORK AT THE RELOCATED JUVENILE COURT FACILITY - PROPERTY MANAGEMENT MOTION: Motion by Cupid, second by Birrell, to approve Supplemental Agreement No. 2 (final) in the amount of $12,400.00, to the contract with Allsouth Sprinkler Co., Inc., for 2011 SPLOST fire sprinkler renovation work at Juvenile Court relocated to 32 Waddell Street, Marietta, Georgia; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the project budget as follows: Juvenile Court 345-110-E085-8005-E0850-C Increase GAE 345062612802 VOTE: ADOPTED 4-0, Chairman Lee absent 9. BOARD OF COMMISSIONERS 9A. APPROVAL OF APPOINTMENT OF PUBLIC SAFETY AGENCY DIRECTOR BOARD OF COMMISSIONERS MOTION: Motion by Birrell, second by Cupid, to approve the appointment of Mr. Sam Heaton as Director, Public Safety Agency. VOTE: ADOPTED 4-0, Chairman Lee absent $12,400.00

$344,735.00

Page 260 of 354

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JANUARY 14, 2014 PAGE 20

10.

REAPPOINTMENT MS. PEGGY POOL PUBLIC LIBRARY BOARD MOTION: Motion by Birrell, second by Ott, to approve the reappointment of Ms. Peggy Pool the Public Library Board, for a three (3) year term to expire December 31, 2016. VOTE: ADOPTED 4-0, Chairman Lee absent

11.

ANNOUNCEMENT OF APPOINTMENT TO THE ONE PERCENT SPECIAL PURPOSE LOCAL OPTION SALES TAX CITIZENS OVERSIGHT COMMITTEE Commissioner Cupid announced her appointment of Roger Sandbothe to the One Percent Special Purpose Local Option Sales Tax Citizens Oversight Committee, for a term balance to expire December 31, 2016. Said appointment fills the vacancy created by the resignation of Steve Williams.

ADJOURNMENT The meeting was adjourned at 9:54 a.m.

____________________________________________ Candace W. Ellison, CCC County Clerk Cobb County Board of Commissioners

Page 261 of 354

MINUTES OF PUBLIC HEARING/COMPREHENSIVE PLAN COBB COUNTY BOARD OF COMMISSIONERS JANUARY 21, 2014 9:00 A.M.

The Board of Commissioners 2014 Comprehensive Plan and Future Land Use Map Public Hearing was held on Tuesday, January 21, 2014 at 9:00 a.m. in the second floor public meeting room of the Cobb County building, Marietta, Georgia. Present and comprising a quorum of the Board were: Chairman Tim Lee Commissioner JoAnn Birrell Commissioner Lisa Cupid Commissioner Helen Goreham Commissioner Bob Ott

1.

CHAIRMAN LEE CALL TO ORDER

Chairman Lee called the meeting to order at 9:04 a.m. and explained the procedures regarding the public hearing. 2. PUBLIC HEARING CONDUCT OF THE PUBLIC HEARING REGARDING THE 2014 PROPOSED AMENDMENTS TO THE COBB COUNTY COMPREHENSIVE PLAN AND FUTURE LAND USE MAP COMMUNITY DEVELOPMENT

Mr. Dana Johnson, Deputy Director, Community Development, provided a PowerPoint presentation and information regarding the 2014 Future Land Use Amendments. A copy of the document entitled 2014 Comprehensive Plan and Future Land Use Map Amendments and revised maps are attached and made a part of these minutes. The PowerPoint presentation is on file in the Office of the County Clerk. ZONING DECISION AMENDMENTS (ZDs) Mr. Johnson read all the Zoning Decision (ZD) proposed amendments into the record. It was determined that there were commissioner concerns regarding ZD-1, ZD-6, ZD-7 and ZD-8 which were considered individually. ZD-1, ZD-6, ZD-7 and ZD-8 ZD-1 (Z-39 of 2012) located on the west side of Atlanta Road, north of Daniell Drive, request change from CAC and IC to HDR MOTION: Motion by Cupid, second by Ott, to approve proposed designation for ZD-1. VOTE: ADOPTED unanimously Clerks Note: Commissioner Cupid asked Staff to look at the northern and southern properties adjoining this location for consideration in the 2015 amendments. ZD-6 (Z-13 of 2013) located on the east side of Atlanta Road, south of Paces Ferry Road, request change from MDR to NAC MOTION: Motion by Ott, second by Goreham, to deny proposed designation for ZD-6. VOTE: ADOPTED unanimously

Page 262 of 354

MINUTES OF PUBLIC HEARING/COMPREHENSIVE PLAN COBB COUNTY BOARD OF COMMISSIONERS JANUARY 21, 2014 PAGE 2

ZONING DECISION AMENDMENTS (CONT.) ZD-1, ZD-6, ZD-7 and ZD-8 (CONT.) ZD-7 (Z-24 of 2013) located on the west side of Spring Hill Parkway, north of Spring Hill Road, request change from LDR to MDR MOTION: Motion by Ott, second by Goreham, to deny proposed designation for ZD-7. VOTE: ADOPTED unanimously ZD-8 (Z-34 of 2013) located on the west side of Powder Springs Road, south of Chauncey Lane, request change from LDR to NAC MOTION: Motion by Cupid, second by Ott, to deny the proposed designation for ZD-8. VOTE: ADOPTED unanimously Thereafter, the following amendments were considered en gros following public comment by Mr. Tom Finnegan regarding ZD-9: MOTION: Motion by Lee, second by Birrell, to approve the following designations as submitted on the following Zoning Decisions: ZD-2 (Z-53 of 2012) located on the southeast corner of Mableton Parkway and Community Road, request change from LDR to PI ZD-3 (Z-6 of 2013) located on the east side of Johnson Ferry Road, north of Riverhill Road, request change from MDR and LDR to MDR and LDR ZD-4 (Z-50 of 2012) located on the west side of Stillhouse Lane, south of Cumberland Boulevard, request change from RAC/transition zone to RAC/hdr ZD-5 (Z-11 of 2013) located at the northeast intersection of Cooper Lake Road and Weaver Street, request change from MDR to PI ZD-9 (Z-37 of 2013) located on the rear portion of property on the east side of Mabry Road at the terminus of Nettle Lane, request change from PRC to LDR ZD-10 (Z-38 of 2013) located at the southeast corner of Paces Ferry Road and Atlanta Road, request change from MDR to NAC ZD-11 (Z-47 of 2013) located on the east side of Old Anderson Farm Road, south of Powder Springs Road, between Powder Springs Road and Anderson Farm Road, request change from IC to CAC ZD-12 (Z-57 of 2013) located on the south side of Sandy Plains Road, west of the intersection of Sandy Plains Road, Alabama Road and Woodstock Road, request change from NAC to LDR VOTE: ADOPTED unanimously

Page 263 of 354

MINUTES OF PUBLIC HEARING/COMPREHENSIVE PLAN COBB COUNTY BOARD OF COMMISSIONERS JANUARY 21, 2014 PAGE 3

COMMISSIONER PROPOSED AMENDMENTS CPs Mr. Johnson read the Commissioner Proposed (CP) amendments into the record. CP-6A through CP-6M and CP-12A through CP12I were considered separately. The following amendments were considered en gros following public comment by Mr. Tom Finnegan and Ms. Emma Estabrook regarding CP-5: MOTION: Motion by Lee, second by Birrell, to approve the following designations as submitted on the following Commissioner Proposals: CP-1 located on the north side of Dallas Highway, east of Garrison Commons, request change from CAC to NAC CP-2 located on the east side of John Ward Road, north of Battlefield Road, request change from LDR to LDR with text amendment CP-3 located on Cumberland Boulevard from South Cobb Drive to Atlanta Road; Atlanta Road south from Cumberland Boulevard to I-285, addition of text amendment to various designations CP-4 (A and B) located in the Cumberland RAC and Town Center RAC, request change from RAC to RAC with text amendment CP-5 located on the west side of Mabry Road, south of Singing Post Lane, request change from PRC to LDR CP-7 located on the north side of Veterans Memorial Highway, west of Buckner Road, request change from CAC to NAC CP-8 located on the north side of Veterans Memorial Highway, northeast of Henderson Road, request change from MDR to PRC CP-9 located on the west side of Mableton Parkway, north of Gordon Valley Lane, request change from NAC to MDR CP-10 (A and B) located on Austell-Powder Springs Road and Concord Road, request change from MDR and LDR to MDR and LDR with text amendment. CP-11 approximately 477.65 acres located along the Mableton Form-Based Code Boundaries, request change from multiple FLUP uses to a new land use category Mableton Town Center (MTC) VOTE: ADOPTED unanimously

Page 264 of 354

MINUTES OF PUBLIC HEARING/COMPREHENSIVE PLAN COBB COUNTY BOARD OF COMMISSIONERS JANUARY 21, 2014 PAGE 4

COMMISSIONER PROPOSED AMENDMENTS (CONT.) CP-6A through CP-6M Mr. Johnson read CP-6A through CP-6M into the record and the following persons addressed the Board: Ms. Robin Meyer regarding CP-6D and CP-6G Mr. James Durley regarding CP-6K Mr. Andy Bray regarding CP-6M Thereafter, following motion was made: MOTION: Motion by Lee, second by Cupid, to approve designations for CP-6A, CP-6B, CP-6C, CP-6D (as revised), CP-6E, CP-6F, CP-6G (as revised by the Planning Commission), CP-6H (as revised by the Planning Commission), CP-6I, CP-6J, CP-6K (as revised by the Planning Commission), CP-6L and CP-6M (as revised by the Planning Commission). CP-6A located west of Austell-Powder Springs Road, east of Old Westside Road, and north of Thomas Street, request change from CAC and IC to CAC CP-6B located generally at 5555 Elliott Road, 5535 Elliott Road, and 5525 Elliott Road, request change from IC to LDR CP-6C located at 4900 Hill Road, request change from IC to NAC CP-6D located on Felton Lane south of Mableton Parkway, request change from IC and LDR to MDR with the following revised text amendment: In an effort to mitigate any future land use conflicts between the Medium Density Residential neighborhood along Felton Lane and the Priority Industrial Area along Six Flags Parkway, it is recommended that any new development in the MDR provide appropriate buffering as determined by the Board of Commissioners. Clerks Note: Commissioner Cupid asked Staff to look at the adjoining PIA designated parcels located north along Six Flags Parkway and east of this area for consideration in the 2015 amendments. CP-6E located on Sunrise Boulevard, request change from IND to IND with text amendment CP-6F located on Discovery Boulevard and Discovery Industrial Court, request change from PRC to IC CP-6G located at the terminus of Old Powder Springs Road at Veterans Memorial Highway, amended request change for the portion currently designated as IC to NAC and the portion currently designated as LDR to HDR CP-6H located on South Gordon Road at Veterans Memorial Highway, request change from IC to NAC and MDR per the alternative map, which expands the NAC by one parcel CP-6I located at the southwest corner of Veterans Memorial Highway and Pinecrest Road, request change from IC to IC with text amendment

Page 265 of 354

MINUTES OF PUBLIC HEARING/COMPREHENSIVE PLAN COBB COUNTY BOARD OF COMMISSIONERS JANUARY 21, 2014 PAGE 5

COMMISSIONER PROPOSED AMENDMENTS (CONT.) CP-6A through CP-6M (cont.) CP-6J located at the Cobb/Douglas County line between Highway 6 and Oak Ridge CommerceWay, request change from MDR to IC with text amendment CP-6K located on the south side of Huddleston Drive, request change from IC to IC with text amendment, and amended change to the parcel located to the south (Mr. James Durley at 4873 Powder Springs Road) to be designated as VLDR CP-6L located at the southwest corner of Buckner Road and Oakdale Road, request change from IC to IC with text amendment CP-6M located on the north side of Oglesby Road, east of C.H. James Parkway and west of Norfolk Southern Corporation, amended change from IC to VLDR VOTE: ADOPTED unanimously A break was taken from 10:51 a.m. until 10:59 a.m. CP-12A through CP-12I Mr. Johnson read CP-12A through CP-12I amendments into the record for changes along Veterans Memorial Highway and on Mableton Parkway. The following amendments were considered en gros following public comment by Mr. Tom Wilder regarding CP-12D: MOTION: Motion by Lee, second by Cupid, to approve the proposed designations as submitted on Commissioner Proposed amendments for CP-12A, CP-12B, CP-12C, CP-12D, CP-12E, CP-12F, CP-12G and CP-12I, and to deny the proposed designation on CP-12H. CP-12A located on the south side of Veterans Memorial Highway, east of Maxham Road, request change from CAC to NAC CP-12B located on the north and south sides of Veterans Memorial Highway, north of South Gordon Road, request change from CAC to NAC CP-12C located on the north and south sides of Veterans Memorial Highway in the area of Old Powder Springs Road and Burris Road, request change from CAC to NAC CP-12D located on the north and south sides of Veterans Memorial Highway, east of Cooper Lake Road and west of Kitchens Road, request change from CAC to NAC CP-12E located on the north and south sides of Veterans Memorial Highway in the area of Allen Road and North Allen Road, request change from CAC to NAC

Page 266 of 354

MINUTES OF PUBLIC HEARING/COMPREHENSIVE PLAN COBB COUNTY BOARD OF COMMISSIONERS JANUARY 21, 2014 PAGE 6

COMMISSIONER PROPOSED AMENDMENTS (CONT.) CP-12A through CP-12I (cont.) CP-12F located on the north and south sides of Veterans Memorial Highway in the area of Queen Mill Road and Buckner Road, request change from CAC to NAC CP-12G located on the north side of Veterans Memorial Highway abutting Brookside Court and as shown next to Henderson Road (does not include the properties abutting Oakdale Road; these are included in request CP-12H), request change from CAC to NAC CP-12H located on the north and south sides of Veterans Memorial Highway, along Discovery Boulevard and Oakdale Road, request change from CAC to NAC DENIED CP-12I located on Mableton Parkway between Puckett Drive and Old Alabama Road, request change from CAC to NAC VOTE: ADOPTED unanimously STAFF PROPOSED AMENDMENTS (SPs) Mr. Johnson read the Staff Proposals (SP) amendments into the record. There were no public speakers. Thereafter, the following motion was made: SP-1 and SP-2 MOTION: Motion by Lee, second by Ott, to approve SP-1 to add language to the 2030 Comprehensive Plan that includes the RM-16 and RSL zoning categories as an allowable zoning under the appropriate future land use categories and approve SP-2 for redevelopment inventory update to the Tax Abatement Program Redevelopment Sites Maps by removing the following locations which have been or are in the process of being redeveloped: 3418 Canton Road 4797 Canton Road 2900 Canton Road 1950 Guffin Lane 3101 Roswell Road 2745 Sandy Plains Road VOTE: ADOPTED unanimously

ADJOURNMENT: The meeting was adjourned at 11:20 a.m.

___________________________________ Karen L. King Assistant County Clerk Cobb County Board of Commissioners

Page 267 of 354

MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION COBB COUNTY BOARD OF COMMISSIONERS JANUARY 27, 2014 9:00 A.M.

Upon notice duly advertised, the Cobb County Board of Commissioners attended a Special Called Meeting/Agenda Work Session on Monday, January 27, 2014 which began at 9:03 a.m. in the 3rd floor conference room, 100 Cherokee Street, Marietta, Georgia, for the purpose of receiving information and participating in discussion regarding the January 28, 2014 agenda. Present and comprising a quorum of the Board were:

Chairman Tim Lee Commissioner JoAnn Birrell Commissioner Lisa Cupid Commissioner Helen Goreham Commissioner Bob Ott

No official action was taken by the Board.

ADJOURNMENT The discussion concluded at 9:21 a.m.

_____________________________________ Karen L. King Assistant County Clerk Cobb County Board of Commissioners

Page 268 of 354

Agenda Item Number. 62

Cobb County County Clerk's Office


Candace W. Ellison, CCC, County Clerk 100 Cherokee Street, Suite 355 Marietta, Georgia 30090-9605 (770) 528-3307 / fax: (770) 528-3325

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Candace Ellison, County Clerk This item has been electronically signed by:
Candace Ellison, County Clerk

DATE:

February 11, 2014

PURPOSE
To authorize correction of the minutes of the Board of Commissioners Zoning Hearing of December 17, 2013 regarding rezoning application Z-73 of 2013, TV Holdings, LLC.

BACKGROUND
On December 17, 2013, the Board of Commissioners approved application Z-73 subject to a number of conditions. One of the conditions was a site plan that was mistakenly identified at the hearing as being dated October 3, 2013. The plan that was considered by the Board of Commissioners was actually dated November 24, 2013 (received by the Zoning Division on November 26, 2013) and was displayed for the Board of Commissioners at the hearing. The Board of Commissioners Zoning and Land Use Hearing Procedures provide in Section 6B that the minutes may be corrected whenever an error is noticed, regardless of the time which has elapsed.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners authorize correction of the minutes of the Board of Commissioners Zoning Hearing of December 17, 2013 regarding rezoning application Z-73 of 2013, TV Holdings, LLC by referencing the correct date of the site plan received by the Zoning Division as November 26, 2013.

ATTACHMENTS
Correction to Minutes Site Plan Received by Zoning Division November 26, 2013

Page 269 of 354

MINUTES OF ZONING HEARING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 17, 2013 PAGE 9 REGULAR CASES (CONT.) Z-69 BK PROPERTIES, LP (owner) requesting Rezoning from OS, O&I, R-20 and NS to RM-8 for the purpose of Low Density/Multi-Family Homes in Land Lots 437, 438, 439, 498, 499, 500, 510 and 511 of the 16th District. Located on the south side of Big Shanty Road, east side of Chastain Meadows Parkway, and west side of Bells Ferry Road (73 Big Shanty Road). Mr. Kevin Moore, Applicants Representative, requested a continuance in order to work on additional issues brought forward by the opposition. The opposition present was agreeable to this request. Thereafter, the following motion was made: MOTION: Motion by Birrell, second by Ott, to continue Rezoning request until the February 18, 2013 Board of Commissioners Zoning Hearing. VOTE: ADOPTED unanimously Z-73 TV HOLDINGS, LLC (owner) requesting Rezoning from R-20 to PVC for the purpose of Residential Units and Site Plan Amendment in Land Lots 501 and 508 of the 16th District. Located on the south side of Big Shanty Road, on the east side of George Busbee Parkway, and on the south and east sides of Hidden Forest Court. The public hearing was opened and Mr. Kevin Moore, Mr. T. E. Cauthorn, Mr. Eric McConaghy, and Mr. Michael Fox addressed the Board. Following presentation and discussion, the following motion was made: MOTION: Motion by Birrell, second by Lee, to approve Rezoning to the PVC zoning district subject to: Site plan received by the Zoning Division October 3, 2013 November 26, 2013 with the District Commissioner approving minor modifications (attached and made a part of these minutes) If three properties not included as part of this site plan are acquired by master developer, then any changes may be considered as an Other Business Item; if property is not sold to master developer, then any changes must go through rezoning process Fire Department comments and recommendations Water and Sewer Division comments and recommendations Stormwater Management Division comments and recommendations Cobb DOT comments and recommendations All previous stipulations and conditions for Z-26 of 2007, not otherwise in conflict, to remain in effect

VOTE: ADOPTED unanimously Page 270 of 354

Page 271 of 354

COBB COUNTY TRANSPORTATION AGENCY REGULAR AGENDA COVER REGULAR MEETING OF FEBRUARY 11, 2014
ITEM NO.

Engineering 1 To approve a contract with Baldwin Paving Company, Inc., for intersection improvements on SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road, State Project No. STP00-0004-00(449), State P. I. No. 0004449, Cobb County Project No. D3340, MIS Contract No. 000645. To approve a contract with C.W. Matthews Contracting Co., Inc., for construction of Skip Spann Connector, State P. I. No. 0010157, Cobb County Project No. E4010, MIS Contract No. 000740. To approve a Construction Agreement with the Georgia Department of Transportation for Skip Spann Connector, State P.I. No. 0010157, Cobb County Project No. E4010. To approve Supplemental Agreement No. 2 to the contract with Kimley-Horn and Associates, Inc., for engineering design of roadway safety and operational improvements on Six Flags Drive (Phase 1), Project No. E6090, and Six Flags Drive (Phase 2), Project No. E6080, MIS Contract No. 000585. To approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., for replacement of Hopkins Road Bridge over Wildhorse Creek, Project No. E1040, MIS Contract No. 000641. To approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., for replacement of New Chastain Road Westbound Bridge over Noonday Creek, Project No. E1050, MIS Contract No. 000635. To approve Change Order No. 1 (final) to the 2011 Countywide Unit Price Contract with W. E. Contracting Co., Inc., for drainage system repairs on Lorrie Drive, Project No. E2360-WO#01, MIS Contract No. 000620. To approve Change Order No. 2 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., for drainage system improvements on Longford Court, Project No. E2410-WO#02, MIS Contract No. 000609. To approve Change Order No. 1 (final) to the contract with Johnson Landscapes, Inc., for sidewalk construction on Cooper Lake Road, Project No. E7040, MIS Contract No. 000622. Traffic Operations
Page 272 of 354

10

To approve a contract with R.J. Haynie & Associates, Inc., to rebuild and upgrade three existing traffic signals, Signal Rebuilds-Phase 8, Project No. D5020, MIS Contract No. 000753. To authorize the procurement of traffic signal cabinets and associated equipment for the upgrade and enhancement of the Departments traffic signal system, Traffic Signals Phase 2 - Cabinet Upgrade, Project Number E5040. To approve Project No. E5010-TO#02 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., for traffic engineering services of Advanced Transportation Management Systems, MIS Contract No. 000564.

11

12

13

To approve Project No. E5040-TO#01 to the 2012 Master Task Order Contract with HNTB Corporation for traffic engineering services for Traffic Signals Rebuild - Phase 1, MIS Contract No. 000562. To authorize the creation of two new temporary part-time positions, approve equipment and materials expenses associated with these positions in conjunction with Roadway Signage Upgrade, Project No. E6050, and approve the operating and capital budgets required to support these positions.

14

Page 273 of 354

Agenda Item Number. 1

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1, 4

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a contract with Baldwin Paving Company, Inc., for intersection improvements on SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road, State Project No. STP00-0004-00 (449), State P. I. No. 0004449, Cobb County Project No. D3340, MIS Contract No. 000645.

BACKGROUND
SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road is an approved project in the Intersection Safety and Operational Improvements Component of the 2005 SPLOST Transportation Improvements Program (TIP), and is also an approved project in the Atlanta Regional Commission (ARC) PLAN 2040 Regional Transportation Plan, designated as State Project No. STP00-0004-00(449), State P.I. No. 0004449, and ARC Project No. CO-323. This project consists of the addition of right turn lanes on all approaches to the intersection of SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road. A five-foot wide sidewalk will be added to the south side of SR360/Powder Springs Road and Callaway Road, with curb and gutter to be added throughout the length of the project. Upgrades to the existing traffic signal and pedestrian accommodations will also be included in the project. On December 10, 2013, the Board of Commissioners approved a Construction Agreement with the Georgia Department of Transportation (GDOT) for SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road. Under the terms of the agreement, the State will fund 80 percent of the GDOT eligible construction costs, up to a maximum amount of $1,237,876.00. The County will be responsible for funding 20 percent of the GDOT eligible construction costs and 100 percent of any construction costs exceeding the States maximum, up to a maximum amount of $836,538.29. Funding for the Countys portion of costs is available in the 2005 SPLOST TIP Fund budget.
Page 274 of 354

Agenda Item Number. 1

The Invitation to Bid for this project was advertised in the Marietta Daily Journal on August 30, 2013, and on September 6, 13, and 20, 2013. Bids were received on September 26, 2013, from the following companies: Company Baldwin Paving Company, Inc. E.R. Snell Contractor, Inc. C.W. Matthews Contracting Co., Inc. Georgia Development Partners Bid Amount $2,074,414.29 $2,152,745.59 $2,171,462.48 $2,440,115.35

The low bid of $2,074,414.29 from Baldwin Paving Company, Inc., was reviewed and found to be reasonable and responsive. Bid tabulation consisted of $1,956,225.13 in roadway costs and $118,189.16 in Water System costs. The completion date for this project is 540 consecutive calendar days from issuance of the Notice to Proceed.

FUNDING
Available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfers: Transfer from: 340-050-7503-D334-8761-D3340-C 340-050-7503-D334-8781-D3340-U Transfer to: 340-050-7503-D334-8762-D3340-C $1,583,360.46 $ 372,864.67 $1,956,225.13

Decrease appropriation of Georgia Department of Transportation (GDOT) revenue for State Contract STP00-0004-00(449) to adjust GDOT funding budgeted to actual contract award, as follows: Decrease Revenue Appropriation: 340-050-7503-D334-4466-D3340-C $159,724.00 $159,724.00

Decrease Expenditure Appropriation: 340-050-7503-D334-8761-D3340-C

Available in the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z $121,154.16

Page 275 of 354

Agenda Item Number. 1

Transfer to: Powder Springs Road at Callaway Road/Cheatham Hill Road Construction Interest Expense on Retainage Contingency Total 510-500-5756-8260-W4304-C 510-500-5756-6613-W4304-A 510-500-5756-8810-W4304-T $118,189.16 $ 600.00 $ 2,365.00 $121,154.16

RECOMMENDATION
The Board of Commissioners approve a contract with Baldwin Paving Company, Inc., in an amount not to exceed $2,074,414.29, for intersection improvements on SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road, State Project No. STP00-0004-00(449), State P. I. No. 0004449, Cobb County Project No. D3340, MIS Contract No. 000645; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 276 of 354

E FIE LD DR

N WI ND FIE L D L

IL H L

RD

LOCATION MAP
WA
C ARL

WINGAT E D R

H IL L L N

LA R S ON LN

WIN

DC R RE E

SON L N

LN ILL D H

Marietta

K DR

C HE ATHA M H ILL RD

L P AR K

OM CI R

W IND

ES

LE

PA

COL EMA N DR C H

L IV

EL AP

R INGST O N D

DR

AY

SWE E T BOT T

MU R

RA Y

W IL

BU

C IR

RN

DR

E KN IP DR

HA S C AL L D R

MC A DOO DR

HO BS

D B AI L E Y FA RM

CT ON

M UR

RAY C IR

RA DU DR

PA M

I EL D D R

EL

CH A

P EL H

B R ID GE D R KO L

C IR

MAC
B ON D R D

LA N D

RD

! (
SR D

360

K OL B R ID GE CT

E Y DR

C HA M IR

RI N G

SAN

BR

SP

WD ER

AN

DO

M BERL A N D CU

TE

NA

Y DR

LE E

DY

G RE

R EN D

PO

JU NE S PR I N

ER ITA GE GREE N DR

LYNN O G A

CUM

R L A ND C L

U B RD

PROJECT: Cobb County Department of Transportation SR360/Powder Springs Road at

Cheatham Hill Road/Callaway Road Project No. D3340

Notes: Commission Districts 1 and 4

"

"

DR

"

SH IR

HI L

Page 277 of 354

""

IL

WOO D S C IR

CH E AT

AL B IS HOP COMP LE X

R HO P D A L B IS

LR D

JIM R MIL LE R PA RK

ST ERL IN G T R L

AGN ES ST

" "

E ST D

"

CR

Project Location
DG RIFL E R

PO

R DE

N RI SP

RD
SAM UEL ST
MC C OR

M IC

WAY

COU NTY SE R VICE S P K WY

RD

KE NNES AW MTN NATL BTL PARK

FA LL

! (
" " " "
K IM BER LY D R

360

L E AF D R EN

"

"

"

W IN D
R

H JO NW AR D DR
A EW RIF L
Y

H A MM OND

" " " ""

N EN

ING

I LL L N

HA M W OO DS D R

CAL

RD AY L AW

C ORS IC A W AY

E CR

EK

PL

DR

DR GS

C IR KS

DATE: January 28, 2014

n
k

Agenda Item Number. 2

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1, 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a contract with C.W. Matthews Contracting Co., Inc., for construction of Skip Spann Connector, State P. I. No. 0010157, Cobb County Project No. E4010, MIS Contract No. 000740.

BACKGROUND
Skip Spann Connector is an approved thoroughfare improvements project in the 2011 SPLOST Transportation Improvements Program (TIP) and is also an approved project in the Atlanta Regional Commission (ARC) PLAN 2040 Regional Transportation Plan, designated as State P.I. No. 0010157 and ARC Project No. CO-400. This project consists of construction of a new roadway with a grade separation over I-75, connecting Frey Road to Townpark Lane, including slip ramps connecting the I-75 southbound exit ramp to Frey Road, and Busbee Drive to the I-75 northbound entrance ramp. The project also includes construction of a roundabout at Townpark Lane and Busbee Drive. The total project length is 0.54 miles. The Invitation to Bid for this project was advertised in the Marietta Daily Journal on November 15, 22, and 29, 2013, and again on December 6, 2013. Bids were received on December 19, 2013, from the following companies: Company C.W. Matthews Contracting Co., Inc. Baldwin Paving Company, Inc. Bid Amount $13,307,198.69 $15,503,709.32

Page 278 of 354

Agenda Item Number. 2

The low bid of $13,307,198.69 from C.W. Matthews Contracting Co., Inc., was reviewed and found to be reasonable and responsive. Bid tabulation consisted of $13,257,403.69 in roadway costs and $49,795.00 in Water System costs. The completion date for this project is 720 consecutive calendar days from issuance of the Notice to Proceed. An agenda item to approve a Construction Agreement with the Georgia Department of Transportation (GDOT) for Skip Spann Connector is being presented to the Board of Commissioners concurrent with this item. Under the terms of the agreement, the State will fund 80 percent of the GDOT eligible construction costs, up to a maximum amount of $10,645,758.95. The County will be responsible for funding 20 percent of the GDOT eligible construction costs, up to $2,661,439.74, and 100 percent of any construction costs exceeding the States maximum. Funding for the Countys portion of costs is available in the 2011 SPLOST TIP Fund approved budget.

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfers and appropriation of Georgia Department of Transportation (GDOT) revenue for State P.I. No. 0010157: Transfer from: 345-050-E004-E410-8761-E4100-C 345-050-E004-E411-8761-E4110-C 345-050-E004-E411-8741-E4110-R 345-050-E004-E401-8762-E4010-C $1,124,044.74 $1,156,800.00 $ 330,800.00 $2,611,644.74 $10,645,758.95 $10,645,758.95

Transfer to:

Increase Revenue Appropriation:

345-050-E004-E401-4466-E4010-C

Increase Expenditure Appropriation: 345-050-E004-E401-8762-E4010-C

Available in the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z $51,045.00

Page 279 of 354

Agenda Item Number. 2

Transfer to: Skip Spann Connector Construction Interest Expense on Retainage Contingency Total

510-500-5756-8260-W4300-C 510-500-5756-6631-W4300-A 510-500-5756-8810-W4300-T

$49,795.00 $ 250.00

$ 1,000.00 $51,045.00

RECOMMENDATION
The Board of Commissioners approve a contract with C.W. Matthews Contracting Co., Inc., in an amount not to exceed $13,307,198.69, for construction of Skip Spann Connector, State P. I. No. 0010157, Cobb County Project No. E4010, MIS Contract No. 000740; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 280 of 354

LOCATION MAP
LE ID W OO D E AV
D SO UT H W IC K

CA NTO N P L

CA MP

LO

OP

RD

TO

WN

PA R K

DR

BA RT OW AV E

OW L DR

Kennesaw State University


PA U

Begin Project
COB B AVE


75

End Project

"

"

G E

K E NN E S AW STAT E UN IV ER SIT Y RD

" "

AV E

MAR IET TA DR

" " " " " " " " " " " "

"

"

"

" "" "

"

"

DR

CHA

STA IN

RD

B IG

S HA

NT Y

RD
G U T ENB

R ER G D

Cobb County Department of Transportation

PROJECT : Skip Spann Con nector Project No. E4010

Notes: Commission Districts 1 and 3

" " "

"

"

Page 281 of 354

"

"

"

" "" " "

"

LD

IN G

"

" " "

" " " " " " K LN


W TO NP

AR

BI G

SH AN T Y RD

BIG

SH

TY AN

RD

DATE: Feb ru ary 11, 2014

" ""

OW

R L D

FR

EY

RD

RG O

BU

SB EE

"

PK WY

" " "

"

CA
MP
US LO OP
RD

RI MA
E
A TT

BU E SB ED R

BA RR T ET LA KE SB

TO W N PO

D LV

I NT

DR

Agenda Item Number. 3

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1, 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a Construction Agreement with the Georgia Department of Transportation for Skip Spann Connector, State P.I. No. 0010157, Cobb County Project No. E4010.

BACKGROUND
Skip Spann Connector is an approved project in the Thoroughfare Improvements Component of the 2011 SPLOST Transportation Improvements Program (TIP) and is also an approved project in the Atlanta Regional Commission (ARC) PLAN 2040 Regional Transportation Plan, designated as State P.I. No. 0010157 and ARC Project No. CO-400. This project consists of construction of a new roadway with a grade separation over I-75, connecting Frey Road to Townpark Lane, including slip ramps connecting the I-75 southbound exit ramp to Frey Road, and Busbee Drive to the I-75 northbound entrance ramp. The project also includes construction of a roundabout at Townpark Lane and Busbee Drive. The total project length is 0.54 miles. The Department is in receipt of a Construction Agreement from the Georgia Department of Transportation (GDOT) for Skip Spann Connector. Under the terms of the agreement, the State will fund 80 percent of the GDOT eligible construction costs, up to a maximum amount of $10,645,758.95. The County will be responsible for funding 20 percent of the GDOT eligible construction costs, up to $2,661,439.74, and 100 percent of any construction costs exceeding the States maximum. In addition, GDOT has determined that their construction administration fee will be $20,000.00 for this project and has requested that Cobb County submit payment for a portion of the fee, in the amount of $4,000.00. This fee will be due upon execution of the Construction Agreement. Funding for the Countys portion of the administrative fee is available in the 2011 SPLOST TIP Page 282 of 354

Agenda Item Number. 3

approved budget.

An agenda item to approve a contract with C.W. Matthews Contracting Co., Inc., for the construction of Skip Spann Connector is being presented to the Board of Commissioners concurrent with this agenda item.

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E004-E401-8741-E4010-R 345-050-E004-E401-8762-E4010-C $4,000.00 $4,000.00

RECOMMENDATION
The Board of Commissioners approve a Construction Agreement with the Georgia Department of Transportation for Skip Spann Connector, State P.I. No. 0010157, Cobb County Project No. E4010; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 283 of 354

LOCATION MAP
LE ID W OO D E AV
D SO UT H W IC K

CA NTO N P L

CA MP

LO

OP

RD

TO

WN

PA R K

DR

BA RT OW AV E

OW L DR

Kennesaw State University


PA U

Begin Project
COB B AVE


75

End Project

"

"

G E

K E NN E S AW STAT E UN IV ER SIT Y RD

" "

AV E

MAR IET TA DR

" " " " " " " " " " " "

"

"

"

" "" "

"

"

DR

CHA

STA IN

RD

B IG

S HA

NT Y

RD
G U T ENB

R ER G D

Cobb County Department of Transportation

PROJECT : Skip Spann Con nector Project No. E4010

Notes: Commission Districts 1 and 3

" " "

"

"

Page 284 of 354

"

"

"

" "" " "

"

LD

IN G

"

" " "

" " " " " " K LN


W TO NP

AR

BI G

SH AN T Y RD

BIG

SH

TY AN

RD

DATE: Feb ru ary 11, 2014

" ""

OW

R L D

FR

EY

RD

RG O

BU

SB EE

"

PK WY

" " "

"

CA
MP
US LO OP
RD

RI MA
E
A TT

BU E SB ED R

BA RR T ET LA KE SB

TO W N PO

D LV

I NT

DR

Agenda Item Number. 4

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Supplemental Agreement No. 2 to the contract with Kimley-Horn and Associates, Inc., for engineering design of roadway safety and operational improvements on Six Flags Drive (Phase 1), Project No. E6090, and Six Flags Drive (Phase 2), Project No. E6080, MIS Contract No. 000585.

BACKGROUND
As part of the 2011 SPLOST Transportation Improvements Program (TIP), there are three approved projects within the Six Flags Drive Corridor: Phase 1 - Six Flags Drive roadway safety and operational improvements, from Factory Shoals Road to Riverside Parkway, Project No. E6090 Phase 2 - Six Flags Drive roadway safety and operational improvements, from Riverside Parkway to Six Flags Parkway, Project No. E6080 Phase 3 - Six Flags Parkway at Lee Industrial Boulevard/Six Flags Drive intersection improvements, Project No. E3070

On August 14, 2012, the Board of Commissioners approved a contract with Kimley-Horn and Associates, Inc., for the design of Six Flags Drive (Phase 2), from Riverside Parkway to Six Flags Parkway. This approximately 0.4 mile section of roadway serves as a key access route for truck traffic to I-20.
Page 285 of 354

Agenda Item Number. 4

On August 28, 2012, due to the complementary nature of the projects, the Board approved Supplemental Agreement No. 1 to the contract with Kimley-Horn and Associates, Inc., adding the design of intersection improvements on Six Flags Parkway at Lee Industrial Boulevard/Six Flags Drive (Phase 3), Project No. E3070, and the design of roadway safety and operational improvements on Six Flags Drive (Phase 1), Project No. E6090. Details for action requested are as follows: Due to extensive public outreach and involvement, there have been substantial scope changes to the roadway safety and operational improvements on Six Flags Drive (Phase 1), from Factory Shoals Road to Riverside Parkway. The Department has negotiated a final scope and fee for Phase 1, in an amount not to exceed $71,645.00, for the additional design of roadway safety and operational improvements. The same public outreach and involvement resulted in substantial scope changes to the roadway safety and operational improvements on Six Flags Drive (Phase 2), from Riverside Parkway to Six Flags Parkway. The Department has negotiated a final scope and fee for Phase 2, in an amount not to exceed $28,329.00, for the additional design of roadway safety and operational improvements. Supplemental Agreement No. 2 to the contract with Kimley-Horn and Associates, Inc., in a total amount not to exceed $99,974.00, is requested for additional design of roadway safety and operational improvements on Six Flags Drive, Phase 1 and Phase 2, as a result of extensive public outreach and involvement. Original Contract Supplemental Agreement No. 1 Supplemental Agreement No. 2 Revised Contract $246,222.99 $122,920.00 $ 99,974.00 $469,116.99

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfers: Transfer from: 345-050-E006-E608-8721-E6080-E $28,329.00 345-050-E006-E609-8761-E6090-C 345-050-E006-E609-8721-E6090-E Transfer to: 345-050-E006-E608-8722-E6080-E 345-050-E006-E609-8722-E6090-E $70,692.00 $ 953.00

$28,329.00 $71,645.00

Page 286 of 354

Agenda Item Number. 4

Increase GAE 345081412502: Increase GAE 3450828125041:

345-050-E006-E608-8722-E6080-E 345-050-E006-E609-8722-E6090-E

$28,329.00 $71,645.00

RECOMMENDATION
The Board of Commissioners approve Supplemental Agreement No. 2 to the contract with Kimley-Horn and Associates, Inc., in a total amount not to exceed $99,974.00, for engineering design of roadway safety and operational improvements on Six Flags Drive (Phase 1$71,645.00), Project No. E6090, and on Six Flags Drive (Phase 2 - $28,329.00), Project No. E6080, MIS Contract No. 000585; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 287 of 354

LOCATION MAP
D O DG EN
AL S
N H IL L S DR
RD

RD

TT

RD

WAL LAC E PA RK

BR I

CH AR IT Y LN

PIN EY

SA SU N DR

W HITF IE L D D R

C IR
R

SH O

O R

CT

CT

ON LN

NG

PRO PE RTY PL

TR

GA RD NE R S T

HO W AR

BA RTL ETT

CI

UD

MI TC HE L L L N

FA

ST AR LI

IA

DR

H IDD E N CT

DO

G O RD

RD

GD

CA RR

ON

S TAR

L IN

RD

DE IN ST

R DON FR E D D

R IO CA C IR

GO

KEIT H AVE

WA Y

LU MM US AV E

WA DE RD

BON NES B LVD

AH

JO A N N AVE

End Phase 1 LA N D M E6090


RK
A

MYR A L N

BRI D

ET O

TR L

PK

BON NES D R

HENA ND O

E ST C HA SE LN

W AY

S PK WY

ING S PR

CHA S E

FL A G

T RC E

RD

HAR TMA N RD


20
SOU T H SE RV

I CE

RD

E B LU FFS TH
L AK E CA RE CA R D

R IV
TR

ER

E S ID
E BL UF F S

W PK

PROJECT: Cobb County Department of Transportation Six Flags Drive

Project Nos. E6080 and E6090

DATE: February 11, 2014

Notes: District 4

Page 288 of 354

" "" "

A N S KY WE RBE R

"

"

CT FA L

"

"

Y OR

"

"

"

SH

"

"

"

"

SO UTH C OB B COMP LE X

LS

" " " "

"

E LS

"

" " " " "" " " " "

SIX F L AG S

DR

X IN

HIL L C R

End Phase 2 E6080


R
L

S IX

INE S ILV E R M T

SI

FL

KW

Y
CIR DE LTA

F EL T ON

Begin Phase 1 T OMA H AWK P L E6090

LN

SP

RIC HA RD L N

KN OX

RI NG S

Begin Phase 2 E6080

W IL

M HE L

I NA

DR

LE E INDUS TR

IAL

B LV

Phase 3 E3070
Six Flag s Over Ge org ia

FULTON

QUEEN MILL RD

EW

A BL

OD

IR

RD DG E BR I

S GORDON RD

SO

TH

R
E

R YD

! (
DR

139

MA

BL

H IL LC R ES T D
R
A

E LD RM

ER M LV IN E SI

AN

"

RD

WH

D IT E R
O O N C IR

TH

Agenda Item Number. 5

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., for replacement of Hopkins Road Bridge over Wildhorse Creek, Project No. E1040, MIS Contract No. 000641.

BACKGROUND
Hopkins Road Bridge over Wildhorse Creek is an approved project in the Bridge Rehabilitation/Replacement Component of the 2011 SPLOST Transportation Improvements Program. The project consisted of total replacement of the substandard weight-restricted bridge. In addition, pedestrian accommodations were enhanced by extending the sidewalk on the west side to connect to the Silver Comet Trail. This was a joint project between the City of Powder Springs and Cobb County. On May 14, 2013, the Board of Commissioners approved a contract with Sunbelt Structures, Inc., for replacement of Hopkins Road Bridge over Wildhorse Creek. Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., a savings to the project in the amount of $145,276.33, is requested due to variations between the original and final plan quantities, including underruns to construction allowance, water casing items and utility allowance. These are the final changes necessary to close this contract with Sunbelt Structures, Inc.

Page 289 of 354

Agenda Item Number. 5

Original Contract Change Order No. 1 (final) Revised Contract

$828,631.81 ($145,276.33) $683,355.48

FUNDING
A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345051413401: Transfer from: Transfer to: 345-050-E001-E104-8762-E1040-C 345-050-E001-E104-8762-E1040-C 345-050-E024-E24B-8761-E24B0-C $69,383.83 $42,071.16 $42,071.16

A savings to the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510051413401: 510-500-5756-8260-W4286-C $75,892.50

Transfer from: Hopkins Road over Wildhorse Creek Bridge Construction 510-500-5756-8260-W4286-C Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates

$75,892.50

510-500-5756-8005-W4069-Z

$75,892.50

RECOMMENDATION
The Board of Commissioners approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., a savings to the project of $145,276.33, for replacement of Hopkins Road Bridge over Wildhorse Creek, Project No. E1040, MIS Contract No. 000641; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 290 of 354

Agenda Item Number. 6

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., for replacement of New Chastain Road Westbound Bridge over Noonday Creek, Project No. E1050, MIS Contract No. 000635.

BACKGROUND
New Chastain Road Westbound Bridge over Noonday Creek is an approved project in the Bridge Rehabilitation/Replacement Component of the 2011 SPLOST Transportation Improvements Program. The project consisted of replacement of the westbound weight-restricted bridge to include two travel lanes, shoulders, and pedestrian accommodations. On May 14, 2013, the Board approved a contract with Sunbelt Structures, Inc., for replacement of New Chastain Road Westbound Bridge over Noonday Creek. Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., a savings to the project in the amount of $188,799.39, is requested due to variations between the original and final plan quantities, including underruns in pilot holes, rip rap quantities, construction allowance and utility allowance. These are the final changes necessary to close this contract with Sunbelt Structures, Inc. Original Contract Change Order No. 1 (final)
Page 291 of 354

$1,231,910.88 ($ 188,799.39)

Agenda Item Number. 6

Revised Contract

$1,043,111.49

FUNDING
A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345051413402: 345-050-E001-E105-8762-E1050-C $181,062.74

A savings to the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510051413402: 510-500-5756-8260-W4280-C $7,736.65

Transfer from: New Chastain Road Bridge Replacement Construction 510-500-5756-8260-W4280-C Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates

$7,736.65

510-500-5756-8005-W4069-Z

$7,736.65

RECOMMENDATION
The Board of Commissioners approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., a savings to the project in the amount of $188,799.39, for replacement of New Chastain Road Westbound Bridge over Noonday Creek, Project No. E1050, MIS Contract No. 000635; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 292 of 354

Agenda Item Number. 7

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Change Order No. 1 (final) to the 2011 Countywide Unit Price Contract with W. E. Contracting Co., Inc., for drainage system repairs on Lorrie Drive, Project No. E2360-WO#01, MIS Contract No. 000620.

BACKGROUND
Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. During a heavy rain event on June 13, 2013, flooding caused damage to County infrastructure in the vicinity of 2522 Lorrie Drive. The roadway shoulder washed out, partially collapsing the storm drain pipe, exposing existing utilities and threatening to collapse the entire roadway. The road was closed pending emergency repairs. The Department subsequently recommended retaining a unit price contractor to repair the roadway. The County Manager, under emergency authority granted by the Board of Commissioners, approved commencement of repairs. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. On July 9, 2013, the Board approved a contract with W.E. Contracting Co., Inc., for emergency drainage system repairs on Lorrie Drive.

Page 293 of 354

Agenda Item Number. 7

Details for action requested are as follows: Construction of the project is complete and Change Order No. 1 (final) to the contract with W.E. Contracting Co., Inc., a savings to the project in the amount of $10,202.00, is requested due to variations between the original and final plan quantities, including underruns in water items. These are the final changes necessary to close this project with W.E. Contracting Co., Inc. Original Contract Change Order No.1 (final) Revised Contract $84,870.00 ($10,202.00) $74,668.00

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E002-E244-8761-E2440-C 345-050-E002-E236-8762-E2360-C $4,798.00 $4,798.00 $4,798.00

Increase GAE 345070913505: 345-050-E002-E236-8762-E2360-C

A savings to the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510070913505: 510-500-5756-8260-W4295-C $15,000.00

Transfer from: Lorrie Drive Drainage Construction Change Order No. 510-500-5756-8260-W4295-C 1 (final) Interest on Retainage Contingency Total Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z 510-500-5756-6613-W4295-A 510-500-5756-8810-W4295-T

$15,000.00 $ $ 75.00 300.00

$15,375.00

$15,375.00

Page 294 of 354

Agenda Item Number. 7

RECOMMENDATION
The Board of Commissioners approve Change Order No. 1 (final) to the 2011 Countywide Unit Price Contract with W. E. Contracting Co., Inc., a savings to the project in the amount of $10,202.00, for drainage system repairs on Lorrie Drive, Project No. E2360-WO#01, MIS Contract No. 000620; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 295 of 354

Agenda Item Number. 8

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Change Order No. 2 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., for drainage system improvements on Longford Court, Project No. E2410-WO#02, MIS Contract No. 000609.

BACKGROUND
Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Longford Court is classified as a local road on the Countys Major Thoroughfare Plan. An existing roadside ditch in the vicinity of 2251 Longford Court was not draining properly, causing significant impacts to surrounding private property. The Department recommended drainage improvements that included re-establishment of the ditch and placement of rip-rap to improve drainage patterns. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. On October 8, 2013, the Board approved a contract with Butch Thompson Enterprises, Inc., for drainage system repairs on Longford Court.

Page 296 of 354

Agenda Item Number. 8

Details for action requested are as follows: Construction of the project is complete and Change Order No. 2 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., a savings to the project in the amount of $1,150.00, is requested due to variations between the original and final plan quantities. These are the final changes necessary to close this project with Butch Thompson Enterprises, Inc. Original Contract Change Order No. 2 (final) Revised Contract $14,240.00 ($ 1,150.00) $13,090.00

FUNDING
A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345100813406: 345-050-E002-E241-8762-E2410-C $1,150.00

RECOMMENDATION
The Board of Commissioners approve Change Order No. 2 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., a savings to the project in the amount of $1,150.00, for drainage system improvements on Longford Court, Project No. E2410-WO#02, MIS Contract No. 000609; and authorize the Chairman to execute the necessary documents.

Page 297 of 354

Agenda Item Number. 9

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Change Order No. 1 (final) to the contract with Johnson Landscapes, Inc., for sidewalk construction on Cooper Lake Road, Project No. E7040, MIS Contract No. 000622.

BACKGROUND
Cooper Lake Road Sidewalk is an approved fill-in-the-gaps project in the Sidewalk Component of the 2011 SPLOST Transportation Improvements Program. The project consisted of construction of sidewalk on the south side of Cooper Lake Road, from the existing sidewalk approximately 450 feet east of Laurel Springs Way and continuing to South Cobb Drive. In addition, curb and gutter were added where needed and drainage structures were adjusted to accommodate the new sidewalk. On March 26, 2013, the Board of Commissioners approved a contract with Johnson Landscapes, Inc., for sidewalk construction on Cooper Lake Road. Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with Johnson Landscapes, Inc., a savings to the project in the amount of $92,887.59, is requested due to variations between the original and final plan quantities, including underruns in construction allowance and utility allowance. These are the final changes necessary to close this contract with Johnson Landscapes, Inc. Original Contract Change Order No. 1 (final) $236,590.85 ($ 92,887.59)
Page 298 of 354

Agenda Item Number. 9

Revised Contract

$143,703.26

FUNDING
A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345032613802: 345-050-E007-E704-8762-E7040-C $87,546.84

A savings to the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510032613802: Transfer from: Cooper Lake Road Sidewalk Construction Change Order No. 1 (final) Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z $5,340.75 510-500-5756-8260-W4276-C $5,340.75 510-500-5756-8260-W4276-C $5,340.75

RECOMMENDATION
The Board of Commissioners approve Change Order No. 1 (final) to the contract with Johnson Landscapes, Inc., a savings to the project in the amount of $92,887.59, for sidewalk construction on Cooper Lake Road, Project No. E7040, MIS Contract No. 000622; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 299 of 354

Agenda Item Number. 10

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 2, 3

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve a contract with R.J. Haynie & Associates, Inc., to rebuild and upgrade three existing traffic signals, Signal Rebuilds-Phase 8, Project No. D5020, MIS Contract No. 000753.

BACKGROUND

Rebuild Existing Traffic Signals is an approved project in the Traffic Management, Traffic Signal Timing and Planning Component in the 2005 SPLOST Transportation Improvements Program. The scope of this project includes replacing wood pole supported traffic signals with mast arm displays and upgrading the traffic signal equipment. The Invitation to Bid for rebuilding three traffic signals was advertised in the Marietta Daily Journal on November 22 and 29, 2013, and on December 6 and 13, 2013. Bids were received on December 19, 2013, from the following companies: Company R.J. Haynie & Associates, Inc. Detection Technologies, Inc. North Cherokee Electrical, Inc. Bid Amount $ 351,130.00 $ 351,351.25 $ 363,773.20

The low bid of $351,130.00 from R.J. Haynie & Associates, Inc., was reviewed and found to be reasonable and responsive. The completion date for this project is 270 consecutive calendar days from issuance of the Notice to Proceed. Page 300 of 354

Agenda Item Number. 10

FUNDING
Available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfers:

Transfer from: Transfer to:

340-050-7505-D502-8761-D5020-C 340-050-7505-D502-8721-D5020-E 340-050-7505-D502-8771-D5020-C

$327,719.60 $ 23,410.40 $351,130.00

RECOMMENDATION
The Board of Commissioners approve a contract with R.J. Haynie & Associates, Inc., in an amount not to exceed $351,130.00, to rebuild and upgrade three existing traffic signals, Signal Rebuilds-Phase 8, Project No. D5020, MIS Contract No. 000753; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 301 of 354

LOCATION MAP
KE
M
JI MS RD

LS BEL
H AWKIN S STOR E RD

P
RD

IG LE Y

TR I CK UM R D

SH IL O

ST EIN HAU

5 75

ER

RD


EE Z E RD
EB ENEZ ER

RD

RD
NS AI PL
RD

RD

CA

N OR T H BO OT H RD
TOWNPA RK DR
G E O R G

NT ON

RY F ER
CHA S TA

RD

RD

S HA

LL O WF O R

YB MA

DRD

RO CK Y M O UN TA IN RD

SA
SHAW RD PET E

Y ND

WY

E RD

TRIC KU M RD

BU

BR YA NT L N

IN

RD

( !
5

S P KW Y

D OW

R D

S TA IN ME A

H E

MO NT

IN G S

TO WN C E

O L D PI ED

CA NTON RD


5 75

RT Y HI L L RD LI BE

T RD

CAS TE

PL A

K UR TZ RD

MUR D O CK R D

B AR R ETT LA K ESB LV D

IN


7 5

RD

EL

RD

OA K LN

RD

FE R

RY

( !
5

SA

( !
SA ND Y PL

5 SP

ND

LL S

G RI T RD

CO BB
OL D

S CU

( !
3

41

PK WY
HW Y

( !
5

( ! ( !
3

5 SP

CA

O NT

RD

L AL

GO

OD

RD

H O L LY SPR IN G S RD

RO AD

NT ON

FF LE

CA

S EW E LL MI LL RD

PRO

VI DEN

PI N ER D

A INS RD

BE

CO

L SEW EL

NN

D MIL L R

JO HN

( !
R O B E R T S C T

5 C O

MO NT

R D

SO

ERNEST B ARR ET T P KW Y

NT MO ED I P

RD

EAS

T P IE D

PO S T O A K TR IT

CE RD

FE

P IE

DM

O NT

HO LL YS

( !
12 0

HOOD R D

RO S W

CL UB L AN D DR

OLD

R N

TO W ER R

MERR

ITT

ES

R LL MI

C AN TO

BB

N RD

CO

R OS W E LL RD
F AI RFI E

D LR EL

B A

CH UR CH S T C HE RO K EE ST

HO LT R D

Ma r ie tta

NO R T HM ARI ETTA PK W

( !

120 A LT

R D

W E ST PA R K SQ

SOUTH MARI ETTA PK WY

RO SW EL L ST

( !

3 C O

AV LA I AT I O N R D KE DR

( !
12 0

Y N TE R P K W TR A D E C E


41

LO W

W H IT E A VE

RD

WD PO

ER

NG RI SP

ST

( PEARL !
28 0

ST

( !
SO
H UT

28 0


7 5

FR A

AT LA NT A

BE E C H R D

( !
41 3

RD DEL K

TER R ELL MILL R D

GA R R

( !
36 0

TH Y M AR I ET T A PKW

( !
12 0

( !
12 0

FE R

ISO N

RY

O LD

RD

RD

PA PER MI LL

RD

SH

( !
5

SO U

W E

RS

RD

L A W

( !
3

PO

ER

RO SW EL L

O AD

R PE PA

LL MI

RD

FU LT O N

PROJECT: Cobb County Department of Transportation Signal Rebuilds - Phase 8 Project No. D5020

DATE: January 28, 2014

k k

[
Notes: Commission Districts 2 and 3

Page 302 of 354

W OO DL AW ND R
Sa ndy Sp r in gs

( WH IT LO CK AVE !
12 0

EA S TPA R K SQ

G RE

SH

W E

PO LK ST

PI NEH UR ST L N

O S

AM

Roswell Road at Lantern Ridge Drive


O L D SEWEL L R D

DR
L RD W EL OS

R ER OW

RI

DG

( !
3

( !

120 A LT

ILL S

EW

AT

ER

KE NN E

A LL

GO

OD

RD


7 5

( !
12 0

RO B IN SO N R D

K WY TA P AR IET N O RT H M

I NDI

AN H

PK W Y

DR

RR YR D
JO SO HN N FE Y RR D R

CHA

Shallow ford Road at Mabry Road/Mar Lanta Drive


M

SHAW RD

RD

George Busbee Parkway at Town Center Drive (South)


BE

RD
SA
Y ND

IN S PL A

RD

EE BR

RD

NOR T H H

BIG SHANTY RD

S VI DA

RD

EM BRE

SB EE

MA

BR

LA S

SI T E

RR D

R D

PR

D
Y

NEW CH AST AI N R D

A CH

A ST

K NI G H T R D

IN

OR

D KW EL L R BL AC

GORD YP K W

SHAL LO W FOR

Y LE ES DR W

EL AP CH

RD

B E
E EZ N E

LL S

F ERRY RD

RG E GE O BUS B EE PK W
CO BB P LA CE BL VD

ER D R NT
VD BL

AN RD MO R G

LL MA

U RD O BIL L M CK R D

HITE CIR
H C
C R U
H
S

ST EA
P IE
DM

S Y W A E R R D

T ON
RD

T
E
X T

Y W K

DR

D R

IN
N A DI
H
IL
LS

W A

VE

BB CO

PK

TLANTA ST A
S NTA A TL ST A WE

WY

RO UND ST SO UTH F AIRG

U TH SO M K W AP ET T A RI Y

G FAIR

T ND S RO U

L I TT L

E RD

OWN R D SA ND T

CO

BB Y W PK

L K

CO

HRD OT BO

IN

BB
D
R

D R

Agenda Item Number. 11

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To authorize the procurement of traffic signal cabinets and associated equipment for the upgrade and enhancement of the Departments traffic signal system, Traffic Signals Phase 2 - Cabinet Upgrade, Project Number E5040.

BACKGROUND
Traffic Signals is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component in the 2011 SPLOST Transportation Improvements Program. The purpose of this phase of the project is to continue upgrading Cobb County traffic signal cabinets, controllers, and conflict monitors to the current standard. Upon completion of this phase, all Cobb County traffic signal cabinets, controllers, and conflict monitors will have been converted to the current standard, resulting in enhanced reliability and more cost-effective maintenance and operations. Details for action requested as follows: The project will upgrade 40 cabinets, monitors and controllers to the current Georgia Department of Transportation standards. The Department recommends procurement of the following equipment utilizing 2013 Countywide Unit Price Contracts:

Page 303 of 354

Agenda Item Number. 11

Item 332A Cabinets 2070L Controllers 2010E Clip Monitors TOTAL

Quantity 40 40 40

Cost $5,831.00 $1,853.53 $ 539.00

Total Cost $233,240.00 $ 74,141.20 $ 21,560.00 $328,941.20

An agenda item will be presented to the Board of Commissioners at a later date to award a contract for installation of the signal cabinets.

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E005-E504-8005-E5040-P 345-050-E005-E504-8486-E5040-P $328,941.20 $328,941.20

RECOMMENDATION
The Board of Commissioners authorize the procurement of traffic signal cabinets and associated equipment, in an amount not to exceed $328,941.20, for the upgrade and enhancement of the Department's traffic signal system, Traffic Signals Phase 2 - Cabinet Upgrade, Project Number E5040; and authorize the corresponding budget transaction.

Page 304 of 354

Agenda Item Number. 12

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Project No. E5010-TO#02 to the 2012 Master Task Order Contract with KimleyHorn and Associates, Inc., for traffic engineering services of Advanced Transportation Management Systems, MIS Contract No. 000564.

BACKGROUND
Advanced Transportation Management Systems (ATMS) is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component of the 2011 SPLOST Transportation Improvements Program. The Departments ATMS includes a Regional Transportation Management Center and Intelligent Transportation Systems (ITS), incorporating traffic signal management systems, closed circuit television (CCTV) cameras for traffic surveillance, fiber optic cable systems, and traveler information systems. On May 8, 2012, the Board of Commissioners approved the 2012 Master Task Order Contracts. Kimley-Horn and Associates, Inc., was approved for Traffic Engineering Services. Project No. E5010-TO#02 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., in an amount not to exceed $89,704.00, is requested to develop an ITS Communications Master Plan. The project will include a comprehensive plan to migrate to Ethernet architecture, and to implement a robust, redundant, reliable communications network capable of meeting the current and future needs of the Countys traffic signal management systems, CCTV cameras for traffic surveillance, fiber optic cable systems, and traveler information systems.

Page 305 of 354

Agenda Item Number. 12

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E005-E501-8761-E5010-C 345-050-E005-E501-8722-E5010-E $89,704.00 $89,704.00

RECOMMENDATION
The Board of Commissioners approve Project No. E5010-TO#02 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., in an amount not to exceed $89,704.00, for traffic engineering services of Advanced Transportation Management Systems, MIS Contract No. 000564; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

Page 306 of 354

Agenda Item Number. 13

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1, 4

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To approve Project No. E5040-TO#01 to the 2012 Master Task Order Contract with HNTB Corporation for traffic engineering services for Traffic Signals Rebuild - Phase 1, MIS Contract No. 000562.

BACKGROUND
Traffic Signals is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component in the 2011 SPLOST Transportation Improvements Program. The project includes the upgrade of existing traffic signals from wood pole supports to steel mast arm displays at the following locations: SR5/Austell Road at Pair Road SR280/South Cobb Drive at Appleton Drive SR280/South Cobb Drive at Pearl Street SR139/Mableton Parkway at Old Powder Springs Road SR139/Mableton Parkway at Old Alabama Road/Old Gordon Road On May 8, 2012, the Board of Commissioners approved the 2012 Master Task Order Contracts. HNTB Corporation was approved for Traffic Engineering Services.

Page 307 of 354

Agenda Item Number. 13

Project No. E5040-TO#01 to the 2012 Master Task Order Contract with HNTB Corporation, in an amount not to exceed $42,216.00, is requested for traffic engineering services to provide traffic signal designs of five intersections to be upgraded.

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E005-E504-8761-E5040C 345-050-E005-E504-8771-E5040C $42,216.00 $42,216.00

RECOMMENDATION
The Board of Commissioners approve Project No. E5040-TO#01 to the 2012 Master Task Order Contract with HNTB Corporation, in an amount not to exceed $42,216.00, for traffic engineering services for Traffic Signals Rebuild - Phase 1, MIS Contract No. 000562; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 308 of 354

LOCATION MAP
( !
5


41

SOU T H MARIET TAPKW Y

( !
12 0

W ES T AT

V IL

JO

LA

R IC

H N

AR

I RW

IN

RD

SR 280/South Cobb Drive at ( ! Appleton Drive


36 0

OW

P RS DE

A RD

( !
( !
28 0

LA NTA ST

SR 280/South Cobb Drive at T SS Pearl Street NG RI


H RD OT BO

GA R


7 5

RIS ON

RA F

RD

E CH
M HA AT
LL HI
RD
D
R

PEAR L ST

( !

( !
28 0

K LI N

CO BB PK WY

RD

B EE C H R D

SO H UT

! (
3 41

COU NTY SE RVIC ES PK WY

OLD C O N COR D R D

ST WE

CO B

Ma r ie tta

ERN

( DELK RD !
28 0

TOWN R D SAN D
EW ING R D
D
O L
ST ERRY MU L B

SA N DT O

EST

PO

DE W

RI N SP

RD GS

B ELL

N CU N

EM

EA D

K WY ET T P BA R R

ED R

( !
5

WN

I NG

IN E D R SA

RD

TL A

HA M

( !
28 0

CO CH RA N R D

T N

RD

( !
3

RD

M AC

L AN D

RD

OP AL BISH

DR

US

TE L

36 0

WIND Y H ILL R D

O L IVE SPR I N G S RD

RD

SAN D TOWN RD

DY H

IL L

RD

FA VO R

GRAY R D

RD

RD

EA ST CA LL A WA YR D

HI C KS

AU

RD

G S

SP RI NG

W DE

SHA D YSID E RD

( !
LL R D
AU S TE

PAI R RD

HA

RR

C HU R CH RD

PO

IS R

CH

UR

CH

RD

C ON C O R
Sm y rn a

RD

UR

LIPS ON D R

M UL

H IC K S RD

K EY R D

ES EAST-W

NN T CO

SOUTH HU R T R D

CO

CO

ID G

( !
28 0

CO

AN DER SO N M

PE

( !
5

IL L R D

EA ST -W

LA

KE

RD

BR OOKWOOD DR

AU S T

M CD U FF I E R D

D DR C ON C O R

ES T

EL L

RD

GL OR

CL

AY R

K RD AJ AC NICK

ER

CLA
D LR

YR

AI N NT FO

ER

HI

GH

LA

ND

RI

DG

LR

T EL

E JO

J ER K I N S B LV

Aus te ll

VET ER AN S MEM OR

IA L H WY

SR 139/Mableton Parkway at Old Alabama/Old Gordon Roads


KE
LA
ER
OO

TA

RD

A US

IE

A R

EB B

LE

J AM ES R D

VETE R ANS MEMORIA L HW Y

RD

JEF

FER

DOD GEN R D

MA XHA M

L O VE S T

TH

AK

( !
OL D ALA BA MA RD

DO UG L AS

OL

D R AMA LAB DA

AH SG PI

R IV ER

RD

( !
13 9

PROJECT: Cobb County Department of Transportation Traffic Signals - Rebuild Phase 1 Project No. E5040

DATE: January 28, 2014


k k k

Notes: Commission Districts 1 and 4

Page 309 of 354

V IE W
FU L TO N Atla n ta

( !

SR 139/Mableton Parkway at Old Powder Springs Road

( !
8

LE

N SO

ST

O RD

NS VE T ERA

R D

SO U

N WS A D TO WN RD

R BD OB HC UT SO

( !

( !
36 0

W IN

( !
5

PA T ME

LL R D

PAT M ELL RD

AY AW LL CA

WIN D Y H ILL R D

S NK BA
NE TO
DR
M
F IL
O

W A RD ST

RD
CH

AN L AT

ST

( !
28 0

H AW TH O RN E AVE

PO WD ER

( !
5

PA IR

UR

CH

RD

RD

SR 5/Austell at Pair Road NA PO SMYR Road

ER WD

RI SP

SP RI NG

S ST

FU LL

ER

ST

L EL SW RO

ST

TA
RD

U TH SO

OLD

SPR I NG ST

C O NC O RD RD

ST ERN E B AR R KW Y ET T P
AN D ER SO N FAR M RD
D
5

DR BB CO

CH U RC H S T

SP RI

NG

RD

AT LA N

TA R

KI N G SPR I NG S

H UR T RD

H U RT R D

RD

RT HU

RD

EA
TS W
ST E

OY FL

D
R
D

SO H UT

CO
N N

CO B B D R
ND W PK Y

CO NN

KE R LA PE OO

RD
M CU

LA ER

-W ST EA

ES

TC

NN

( !
28 0

( !

H I NT FL

IL L

FL O Y D RD

RD
P ON E RS E RK M IL

HI GH

LA

ND

S P K

OO BR

RD

WY

NR

( !
8

Y MEMO R I AL HW

R NE CK

RD

MA

T BL E


2 85

ON P

K WY

Agenda Item Number. 14

Cobb County Department of Transportation


Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director

DATE:

February 11, 2014

PURPOSE
To authorize the creation of two new temporary part-time positions, approve equipment and materials expenses associated with these positions in conjunction with Roadway Signage Upgrade, Project No. E6050, and approve the operating and capital budgets required to support these positions.

BACKGROUND
Roadway Signage Upgrade is an approved project in the 2011 SPLOST Transportation Improvements Program (TIP). This project includes upgrading roadway signs on Countymaintained arterial, major collector, and minor collector roadways to meet current retroreflectivity standards as required in the Federal 2009 Manual on Uniform Traffic Control Devices (MUTCD). Sign upgrades will include specific high-priority regulatory-series, warning-series, and guide-series signage. The Department recommends establishing a temporary part-time sign crew to complete this project at a cost savings to the County of approximately 40 percent versus utilizing outside contractors. Total expenses for the new part-time sign crew positions and associated equipment/supplies required to complete this project are estimated to be $284,490.00. Detail for action requested as follows: On December 6, 2011, the Board of Commissioners authorized adoption of the initial budget and schedule for the 2011 SPLOST TIP. Roadway Signage Upgrade, Project No. E6050, was established as an approved project in the Roadway Safety and Operational Improvements Component in the 2011 SPLOST TIP.
Page 310 of 354

Agenda Item Number. 14

The Department requests the two new temporary part-time positions be created in the General Fund Operating Budget, to be reimbursed through an interfund transfer from the Roadway Signage Upgrade approved project specific budget within the 2011 SPLOST TIP. Funding for other operating and capital expenses required will be charged directly to the Roadway Signage Upgrade approved project specific budget within the 2011 SPLOST TIP. Expenses for the new temporary part-time sign crew are estimated to be $284,490.00, which includes part-time salaries totaling $25,636.00, equipment costs totaling $10,000.00, and material/supply costs totaling $248,854.00. The two new temporary part-time positions are requested to be effective February 1, 2014, to begin the hiring process. Positions will remain in effect until the project is completed, which is anticipated to occur within a six month period from the hire date of the two positions. Expenses for the remainder of FY14 are estimated at $271,672.00. FY15 expenses are estimated to be $12,818.00.

FUNDING
Available in the Department's FY14 approved Operating budget, with the following interfund transfer from the 2011 SPLOST TIP Fund, as costs are incurred for FY14: Interfund Transfer from: Interfund Transfer to: 345-050-E006-E605-8761-E6050-C 010-050-0740-0740-6018 $12,818.00 $12,818.00

Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfers, as costs are incurred for FY14: Transfer from: 345-050-E006-E605-8005-E6050-A 345-050-E006-E605-8721-E6050-E 345-050-E006-E605-8741-E6050-R 345-050-E006-E605-8761-E6050-C 345-050-E006-E605-8781-E6050-U 345-050-E006-E605-8490-E6050-P 345-050-E006-E605-6198-E6050-O $ 1,000.00

$ 28,400.00 $ 42,700.00 $181,054.00 $ 5,700.00 $ 10,000.00 $248,854.00

Transfer to:

RECOMMENDATION
The Board of Commissioners authorize the creation of one temporary part-time Traffic Sign Installer position, Grade 7P, and one temporary part-time Traffic Sign Fabricator position, Grade 8P, approve equipment and materials expenses associated with these positions, effective as of February 1, 2014, in conjunction with Roadway Signage Upgrade, Project No. E6050; approve the operating and capital budgets required to support these positions; authorize the corresponding budget transactions; and further authorize the necessary budget transactions for future year crew costs and reimbursement to the General Fund from the 2011 SPLOST TIP Fund, as needed.

Page 311 of 354

COBB COUNTY PUBLIC SERVICES AGENCY REGULAR AGENDA COVER REGULAR MEETING OF FEBRUARY 11, 2014
ITEM NO.

Parks, Recreation, and Cultural Affairs 1 For the Board of Commissioners to authorize Parks, Recreation and Cultural Affairs to conduct negotiations with the construction team pre-qualified to perform construction activities associated with the treatment of the historic buildings at Hyde Farm, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program. To approve a contract with SportsTurf Company, Inc. for construction services related to the redevelopment of Sandy Plains Park, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program. To approve a contract with Highland Waterworks, Inc. for construction services related to the installation of an athletic field irrigation system at Tramore Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program. To approve a contract with Archimetric Design & Construction, Inc. for construction services related to building a new restroom structure at Wallace Park. To approve a contract with Lose & Associates, Inc. for professional design and construction administration services for improvements at Wild Horse Creek Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

Page 312 of 354

Agenda Item Number. 1

Cobb County Parks, Recreation & Cultural Affairs


Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Eddie Canon, Director This item has been electronically signed by:
Eddie Canon, Director

DATE:

February 11, 2014

PURPOSE
For the Board of Commissioners to authorize Parks, Recreation and Cultural Affairs to conduct negotiations with the construction team pre-qualified to perform construction activities associated with the treatment of the historic buildings at Hyde Farm, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND
Using funds authorized under the 2006 Parks Bond Program, Cobb County purchased the 42.5 acre central portion of the Hyde Farm in east Cobb County. The County's holdings are bordered by private residential properties on the north and by the Chattahoochee River National Recreation Area on the east, south, and west. The property is composed of a mixture of agricultural terraces, forested buffer, and a central core that includes the Power-Hyde House (ca. 1840) and twelve historic farm buildings. All of the farm buildings are in various states of deterioration, and the 2011 Parks, Recreation and Cultural Affairs SPLOST Program includes funding for the renovation and other appropriate treatment measures for these buildings. Parks, Recreation and Cultural Affairs seeks the services of a firm or team experienced in this specialized type of construction. The goal of the project is to bring the farm buildings to a condition that will support the County's long term plans for the farm. A Request for Qualifications was published on the County Purchasing website, and advertised in the Marietta Daily Journal on November 22 and 29, and December 6 and 13, 2013. One team submitted a proposal which was opened on December 19, 2013. The following Selection Committee was approved for this project: Mandy Elliott (Community Development), Rusty Simpson (Parks, Recreation and Cultural Affairs), and Tom Bills (Parks, Page 313 of 354

Agenda Item Number. 1

Recreation and Cultural Affairs). The Selection Committee reviewed the proposal following established evaluation criteria, and with other informed staff, participated in an interview of the proposing team. This extensive review process resulted in the conclusion that the proposing team of PBG Builders, Inc./Leatherwood, Inc. is pre-qualified to perform this specialized work. Parks, Recreation and Cultural Affairs requests Board of Commissioners authorization to negotiate with PBG Builders, Inc./Leatherwood, Inc. to reach a mutual agreement. If these negotiations should not result in an agreement, Parks, Recreation and Cultural Affairs requests authorization to repeat the solicitation process with the goal of receiving proposals from additional pre-qualified firms or teams.

FUNDING
N.A

RECOMMENDATION
For the Board of Commissioners to authorize Parks, Recreation and Cultural Affairs to conduct negotiations with the pre-qualified construction team of PBG Builders, Inc./Leatherwood, Inc. to perform construction activities associated with the treatment of the historic buildings at Hyde Farm, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

Page 314 of 354

Agenda Item Number. 2

Cobb County Parks, Recreation & Cultural Affairs


Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Eddie Canon, Director This item has been electronically signed by:
Eddie Canon, Director

DATE:

February 11, 2014

PURPOSE
To approve a contract with SportsTurf Company, Inc. for construction services related to the redevelopment of Sandy Plains Park, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND
The 2011 Parks, Recreation and Cultural Affairs SPLOST program includes the redevelopment of athletic fields and buildings at Sandy Plains Park located at 2911 Gordy Parkway, Marietta. Many of the features in the park were originally constructed in 1968 and have outlived their reasonable service life. Working with the volunteer athletic association active in the park, staff has identified a number of features to be redeveloped. These include the replacement of an existing concession/restroom building with additional association storage and restrooms, regrading softball fields to improve drainage and playability, replacement of dugouts, backstops and other fencing, and electrical and athletic field lighting improvements. The updated facilities represent a significant improvement for ballplayers, coaches, and other park visitors. Under a previously approved contract, Parks, Recreation and Cultural Affairs retained the services of a professional architecture and engineering team to create construction documents sufficient to permit the work and to include in a bid package to obtain competitive bids for construction. An Invitation to Bid for Construction Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on December 27, 2013 and January 3, 10, and 17, 2014 in accordance with Purchasing Policies. Sealed Bids were received from seven firms and opened on January 23, 2014. The qualified bidders were:
Page 315 of 354

Agenda Item Number. 2

Diversified Construction of Georgia, Inc. Ed Castro Landscape, Inc. Georgia Development Partners, LLC MultiPlex, LLC SportsTurf Company, Inc. Ward General Contractors, Inc. Willow Construction, Inc. Bids and supporting information were reviewed by Purchasing and Parks, Recreation and Cultural Affairs staff, and the qualified low bidder was identified as SportsTurf Company, Inc. with a total bid amount, taking into account all accepted add or deductive alternates, of $1,004,125.00.

FUNDING
Funding is available in the 2011 Parks, Recreation and Cultural Affairs SPLOST Program as follows: 345-105-E030-EP340 C-8125 (Sandy Plains Octagon Building) 345-105-E040-EP446 C-8125 (Sandy Plains Field Renovation) 345-105-E040-EP447 C-8125 (Sandy Plains Drainage Improvements) $250,081.50 $592,778.50 $161,265.00

RECOMMENDATION
The Board of Commissioners approve a contract with SportsTurf Company, Inc., in an amount not to exceed $1,004,125.00, for construction services related to the redevelopment of Sandy Plains Park, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 316 of 354

Agenda Item Number. 3

Cobb County Parks, Recreation & Cultural Affairs


Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Eddie Canon, Director This item has been electronically signed by:
Eddie Canon, Director

DATE:

February 11, 2014

PURPOSE
To approve a contract with Highland Waterworks, Inc. for construction services related to the installation of an athletic field irrigation system at Tramore Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND
The 2011 Parks, Recreation and Cultural Affairs SPLOST program includes the redevelopment of athletic fields at Tramore Park located at 2150 East-West Connector in Austell. Due to scheduling and cost efficiencies, the installation of the irrigation system will be most effectively completed by a specialized contractor. The project scope includes furnishing all labor, materials, equipment, etc. for the installation of the underground irrigation system to serve seven soccer fields. The system is comprised of sprinklers, valves, piping, pipe fittings, controller(s), associated accessories, wiring, etc. An Invitation to Bid was published on the County Purchasing website, and advertised in the Marietta Daily Journal on December 27, 2013 and January 3, 10, and 17, 2014 in accordance with Purchasing Policies. Sealed Bids were received from five firms and opened on January 23, 2014. The qualified bidders were: Aqua Underground, Inc. Aquarius II, Inc. Benson Construction, Inc. Highland Waterworks, Inc. TriScapes, Inc.
Page 317 of 354

Agenda Item Number. 3

Bids and supporting information were reviewed by Purchasing and Parks, Recreation and Cultural Affairs staff, and the qualified low bidder was identified as Highland Waterworks, Inc. with a total bid amount of $112,210.00.

FUNDING
Funding is available in the 2011 Parks, Recreation and Cultural Affairs SPLOST Program as follows: 345-105-E040-EP464 C-8125 (Tramore Park Field Renovation) $112,210.00

RECOMMENDATION
The Board of Commissioners approve a contract with Highland Waterworks, Inc., in an amount not to exceed $112,210.00, for construction services related to the installation of an athletic field irrigation system at Tramore Park, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 318 of 354

Agenda Item Number. 4

Cobb County Parks, Recreation & Cultural Affairs


Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Eddie Canon, Director This item has been electronically signed by:
Eddie Canon, Director

DATE:

February 11, 2014

PURPOSE
To approve a contract with Archimetric Design & Construction, Inc. for construction services related to building a new restroom structure at Wallace Park.

BACKGROUND
Parks, Recreation and Cultural Affairs is managing the redevelopment of various features and facilities at Wallace Park located at 6289 Pisgah Road, Mableton. The majority of these redevelopment projects will be funded under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program. The subject of this item, however, is the construction of a replacement restroom building and associated infrastructure separately funded by the federal Community Development Block Grant program. This funding mechanism was approved for this project by the Board of Commissioners on July 10, 2012. The original restroom structure that this building will replace was constructed in 1970, and has outlived its reasonable service life. The new restroom will serve nearby football fields, tennis and multi-purpose courts. This construction will be coordinated with work currently underway by Parks, Recreation and Cultural Affairs staff and also by another contractor elsewhere in the park. The updated facilities will represent a significant improvement for ballplayers, coaches, and other park visitors. Under a separate previously approved contract, Parks, Recreation and Cultural Affairs retained the services of a professional architecture and engineering team to create construction documents sufficient to permit the work and to include in a bid package to obtain competitive bids for construction of the restroom building. An Invitation to Bid for Construction Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on December 27, 2013 and January 3, 10, and 17, Page 319 of 354

Agenda Item Number. 4

2014 in accordance with Purchasing Policies. Sealed Bids were received from nine firms and opened on January 23, 2014. The qualified bids were: Artlantic, Inc./P.E. Structures & Associates Joint Venture Ace Construction, Inc. Archimetric Design & Construction, Inc. Beatty Construction, Inc. Diversified Construction of Georgia, Inc. Lichty Commercial Construction, Inc. Multiplex, LLC RDW Construction Company, LLC Reliant Construction, Inc. Bids and supporting information were reviewed by Purchasing and Parks, Recreation and Cultural Affairs staff, and the qualified low bidder was identified as Archimetric Design & Construction, Inc., with a total bid amount of $268,824.00.

FUNDING
Funding is available with the following budget transfers of funds from the Community Development Block Grant Funds to the General Fund:

FROM: TO: FROM: TO: Increase Revenues: Increase Expenditures:

280-390-CD11-003F-0727-6574 280-390-CD11-003F-0727-6594 285-390-CD12-F-C12CW-6574 285-390-CD12-F-C12CW-6594 010-105-3200-3266-4960 010-105-3200-3266-8125

$205,478.00 $205,478.00 $ 63,346.00 $ 63,346.00 $268,824.00 $268,824.00

RECOMMENDATION
The Board of Commissioners approve a contract with Archimetric Design & Construction, Inc., in an amount not to exceed $268,824.00, for construction services related to building a new restroom structure at Wallace Park; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 320 of 354

Agenda Item Number. 5

Cobb County Parks, Recreation & Cultural Affairs


Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Eddie Canon, Director This item has been electronically signed by:
Eddie Canon, Director

DATE:

February 11, 2014

PURPOSE
To approve a contract with Lose & Associates, Inc. for professional design and construction administration services for improvements at Wild Horse Creek Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND
The 2011 Parks, Recreation and Cultural Affairs SPLOST program includes improvements at Wild Horse Creek Park located at 3720 Macedonia Road, Powder Springs. The existing athletic fields and restroom and concession buildings were first constructed in 1974 and have outlived their useful life. Staff has identified a number of areas to be redeveloped, including athletic field renovations and the replacement of both an existing concession/restroom building and an existing restroom building. In addition, major upgrades will be completed at the BMX bicycle facility, which hosts an annual national competition. In order to generate appropriate construction documents, the department requires the services of a professional architecture and engineering firm. A Request for Professional Design and Construction Administration Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on November 15, 22, 29 and December 6, 2013, in accordance with Selection Process 2 (Competitive Proposals) of the Policy for Procurement of Professional Services, as amended on December 20, 2011. Proposals were received from five responsive firms and opened on December 12, 2013. The following Selection Committee was approved for this project: Jimmy Barnett (Parks, Recreation and Cultural Affairs), Jeff Crowder (Parks, Recreation and Cultural Affairs), Russ Ford (DOT), Dick Krause (CCWS), and John Pederson (Community Development). The Selection Committee reviewed the proposals and ranked the firms based on proposed staffing, previous experience and performance, understanding of and approach to the project, availability, Page 321 of 354

Agenda Item Number. 5

proposed schedule, local vendor presence, and financial stability. In addition, Selection Process 2 includes weighting of each firm's scoring based on prices submitted as part of their proposal which allows the department to recommend awarding the contract to the top ranked firm. The proposals from the following responsive firms were received and evaluated: Croft & Associates, Inc. Freedman Engineering Group Lose & Associates, Inc. Stantec Consulting Services, Inc. Wiley Wilson The Committee ranked Lose & Associates, Inc. as the firm offering the best combination of qualifications and pricing. Contract documents will be approved by County Legal staff prior to execution.

FUNDING
Funding is available in the 2011 Parks, Recreation and Cultural Affairs SPLOST fund as follows: 345-105-E030-EP363 E-8722 (Wild Horse BMX Building) 345-105-E030-EP364 E-8722 (Wild Horse Octagon Building) 345-105-E040-EP469 E-8722 (Wild Horse Crosstie Walls) 345-105-E040-EP470 E-8722 (Wild Horse Field Renovation) $17,410.00 $21,770.00 $12,330.00 $81,690.00

RECOMMENDATION
The Board of Commissioners approve a contract with Lose & Associates, Inc., in an amount not to exceed $133,200.00, for professional design and construction administration services for improvements at Wild Horse Creek Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 322 of 354

COBB COUNTY BOARD OF COMMISSIONERS REGULAR AGENDA COVER REGULAR MEETING OF FEBRUARY 11, 2014
ITEM NO.

District 3 (Northeast Cobb) 1 To adopt a resolution opposing any redistricting plan taking effect in 2014 to be introduced by the Georgia Legislature in the current session.

Page 323 of 354

Agenda Item Number. 1

Cobb County Board of Commissioners


JoAnn K. Birrell, Commissioner, District 3 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager JoAnn K. Birrell, Commissioner, District 3 Helen Goreham, Commissioner, District 1 This item has been electronically signed by:
JoAnn K. Birrell, Commissioner, District 3 Helen C. Goreham, Commissioner, District 1

DATE:

February 11, 2014

PURPOSE
To adopt a resolution opposing any redistricting plan taking effect in 2014 to be introduced by the Georgia Legislature in the current session.

BACKGROUND
It is understood that members of the Cobb County delegation of the General Assembly intend to introduce a redistricting plan during the current session affecting the Cobb County Board of Commissioners. (An interim plan established by the United States District Court is currently in place and has been since May 2012.) Since primaries are likely to be accelerated and will occur much earlier than normal, it is believed that voters and elections officials would face certain challenges that would not occur if a redistricting plan were not effected until a non-election year.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt a resolution requesting that the General Assembly not enact legislation that would change the Board of Commissioners' districts for the 2014 election.

Page 324 of 354

Agenda Item Number. 1

ATTACHMENT Resolution will be provided under separate cover.

ATTACHMENTS
Resolution

Page 325 of 354

RESOLUTION OF THE COBB COUNTY BOARD OF COMMISSIONERS WHEREAS, It is understood that members of the Cobb County delegation of the General Assembly intend to introduce a redistricting plan during the current legislative session redrawing commission districts for the Cobb County Board of Commissioners (an interim plan established by the United States District Court is currently in place and has been since May 2012); and Based upon legislation passed by the General Assembly in the current session to align the states 2014 election calendar with the federal calendar, primary elections have been accelerated from July 15 and will now occur on May 20, 2014. With this change, partisan candidates for county office must qualify by filing their notices of candidacy the week of March 3-7, 2014. Under federal law, ballots must be printed and ready to mail by April 4, 2014; and Any changes to district boundaries effective in 2014, in conjunction with the accelerated schedule, will likely create an unnecessary hardship on voters, elections officials and candidates for office; and Given the accelerated primary schedule, the Cobb County Board of Elections and Registration would be placed under an immediate and additional hardship to sort, assign and notify voters of district and possible precinct changes; and

WHEREAS,

WHEREAS,

WHEREAS,

Page 326 of 354

WHEREAS,

Accelerated primary elections, combined with changes to commission district boundaries and possible precinct changes, may lead to voter confusion and will likely result in some residents being denied their opportunities to vote or having an insufficient opportunity to evaluate candidates for office; now We, the Cobb County Board of Commissioners do hereby resolve to communicate to the Georgia Legislature our preference to delay the redrawing of commission districts, or the effect thereof, until 2015 when no county commission elections will be occurring. Such course of action will enable voters, the Cobb County Board of Elections and Registration, and candidates for office sufficient time to adapt to new boundaries. This the 11th day of February, 2014.

THEREFORE,

Timothy D. Lee, Chairman

Helen Goreham, District 1

Bob Ott, District 2

JoAnn Birrell, District 3

Lisa Cupid, District 4

Page 327 of 354

COBB COUNTY COMMUNITY DEVELOPMENT HEARINGS REGULAR AGENDA COVER REGULAR MEETING OF FEBRUARY 11, 2014
ITEM NO.

Community Development Hearings 1 To request that an Appeal Hearing be conducted to determine if due cause exists to deny the Cobb County Liquor, Beer, Wine and Sunday Sales Package License for Los Primos Beverages, LLC, doing business as, Los Primos Beverages, located at 1391 Veterans Memorial Hwy., Mableton, GA 30126, Ricardo Maldonado, licensee

Page 328 of 354

Agenda Item Number. 1

Cobb County Community Development Agency


Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

February 11, 2014

PURPOSE
To request that an Appeal Hearing be conducted to determine if due cause exists to deny the Cobb County Liquor, Beer, Wine and Sunday Sales Package License for Los Primos Beverages, LLC, doing business as, Los Primos Beverages, located at 1391 Veterans Memorial Hwy., Mableton, GA 30126, Ricardo Maldonado, licensee

BACKGROUND
On December 26, 2013, the Cobb County Business License Division Manager denied the 2014 Cobb County Liquor, Beer, Wine, and Sunday Sales Package License for Los Primos Beverages, LLC, doing business as Los Primos Beverages, 1391 Veterans Memorial Hwy., Mableton, GA 30126. Mr. Maldonado appealed this decision to the Cobb County License Review Board on January 9, 2014. After considering all evidence and testimony presented, the License Review Board upheld the denial of the liquor, beer, wine, and Sunday sales package license for Los Primos Beverages, LLC, doing business as, Los Primos Beverages, 1391 Veterans Memorial Hwy., Mableton, GA 30126. Ricardo Maldonado has appealed the License Review Boards decision to the Board of Commissioners.

FUNDING
N/A

Page 329 of 354

Agenda Item Number. 1

RECOMMENDATION
The Board of Commissioners conduct an Appeal Hearing to consider if due cause exists to deny the Cobb County Liquor, Beer, Wine, and Sunday Sales Package License for Los Primos Beverages, LLC, doing business as, Los Primos Beverages, located at 1391 Veterans Memorial Hwy., Mableton, GA 30126, Ricardo Maldonado, licensee.

ATTACHMENTS
Appeal Form filed by Los Primos Beverages, LLC, doing business as, Los Primos Beverages Letter from Business License Division Manager denying the alcoholic beverage license for Los Primos Beverages Letter from the Business License Division Manager including hearing procedures

Page 330 of 354

Page 331 of 354

Page 332 of 354

Page 333 of 354

Page 334 of 354

Page 335 of 354

Page 336 of 354

Page 337 of 354

PUBLIC COMMENT (CONCLUSION OF MEETING) FEBRUARY 11, 2014 Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.

Page 338 of 354

APPOINTMENTS AGENDA COVER REGULAR MEETING OF FEBRUARY 11, 2014


ITEM NO.

To approve the appointment of Ms. Meral Clarke to the Neighborhood Safety Commission (NSC) to complete the unexipred term of Mrs. Barbara Hickey. To approve the appointment of Mr. Chuck Casto to the 1% SPLOST Citizens Oversight Committee to fill the unexpired term of Mr. David Hong and name Mr. Hong as an honorary ex-officio member. For the Cobb County Board of Commissioners to approve the appointment of Connie Brown to the Recreation Board, Post 4. To approve the reappointment of Sean King to the Airport Advisory Board and Les Still to the Public Library Board, Post 6. To appoint Richard Aranson to the Workforce Investment Board. To approve the reappointment of Joe O'Laughlin to the Neighborhood Safety Commission and Mitzi Moore to the Plumbing Advisory Board.

5 6

Page 339 of 354

Agenda Item Number. 1

Cobb County Board of Commissioners


JoAnn K. Birrell, Commissioner, District 3 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager JoAnn K. Birrell, Commissioner, District 3 This item has been electronically signed by:
JoAnn K. Birrell, Commissioner, District 3

DATE:

February 11, 2014

PURPOSE
To approve the appointment of Ms. Meral Clarke to the Neighborhood Safety Commission (NSC) to complete the unexipred term of Mrs. Barbara Hickey.

BACKGROUND
Meral Clarke will serve the unexpired term of Barbara Hickey; the term will expire on 09/30/14. We look forward to Ms. Clarke's participation on the Committee. We appreciate Mrs. Hickey's service.

RECOMMENDATION
To approve the appointment of Ms. Meral Clarke to the Neighborhood Safety Commission (NSC).

Page 340 of 354

Agenda Item Number. 2

Cobb County Board of Commissioners


JoAnn K. Birrell, Commissioner, District 3 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager JoAnn K. Birrell, Commissioner, District 3 This item has been electronically signed by:
JoAnn K. Birrell, Commissioner, District 3

DATE:

February 11, 2014

PURPOSE
To approve the appointment of Mr. Chuck Casto to the 1% SPLOST Citizens Oversight Committee to fill the unexpired term of Mr. David Hong and name Mr. Hong as an honorary exofficio member.

BACKGROUND
Chuck Casto will serve the unexpired term of David Hong; the term will expire on 12/31/14. David Hong will be an honorary ex-officio member of the 1% SPLOST Citizens Oversight Committee. We look forward to Mr. Casto's participation on the Committee. Additionally, we appreciate Mr. Hong's over four years of service and welcome his continued service as an exofficio member.

FUNDING
N/A

RECOMMENDATION
To approve the appointment of Mr. Chuck Casto to the 1% SPLOST Citizens Oversight Committee to fill the unexpired term of Mr. David Hong and name Mr. Hong as an honorary exofficio member.

Page 341 of 354

Agenda Item Number. 3

Cobb County Board of Commissioners


Helen C. Goreham, Commissioner, District 1 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3313 / fax: (770) 528-2606

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Helen C. Goreham, Commissioner, District 1 This item has been electronically signed by:
Helen C. Goreham, Commissioner, District 1

DATE:

February 11, 2014

PURPOSE
For the Cobb County Board of Commissioners to approve the appointment of Connie Brown to the Recreation Board, Post 4.

BACKGROUND
Jim Dugan resigned his position on the Recreation Board. This appointment will fill the vacancy in Post 4 of the Recreation Board. Ms. Brown's appointment will expire on December 31, 2014.

FUNDING
N/A

RECOMMENDATION
The Cobb County Board of Commissioners approve the appointment of Connie Brown to the Recreation Board, Post 4. Her appointment will expire on December 31, 2014.

Page 342 of 354

Agenda Item Number. 4

Cobb County Board of Commissioners


Tim Lee, Chairman 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606

Comm. Dist.

TO: FROM:

David Hankerson, County Manager Tim Lee, Chairman This item has been electronically signed by:
Tim Lee, Chairman

DATE:

February 11, 2014

PURPOSE
To approve the reappointment of Sean King to the Airport Advisory Board and Les Still to the Public Library Board, Post 6.

BACKGROUND
Mr. Sean King's term expired on the Airport Advisory Board 10/6/13 and Mr. Les Still's term expired on the Public Library Board 12/31/13. These are reappointments by the Chairman.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve the reappointment of Sean King to the Airport Advisory Board and Les Still to the Public Library Board, Post 6.

Page 343 of 354

Agenda Item Number. 5

Cobb County Board of Commissioners


Tim Lee, Chairman 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Tim Lee, Chairman This item has been electronically signed by:
Tim Lee, Chairman

DATE:

February 11, 2014

PURPOSE
To appoint Richard Aranson to the Workforce Investment Board.

RECOMMENDATION
To approve the appointment of Richard Aranson to the Workforce Investment Board.

Page 344 of 354

Agenda Item Number. 6

Cobb County Board of Commissioners


Tim Lee, Chairman 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606

Comm. Dist.

TO: FROM:

David Hankerson, County Manager Tim Lee, Chairman This item has been electronically signed by:
Tim Lee, Chairman

DATE:

February 11, 2014

PURPOSE
To approve the reappointment of Joe O'Laughlin to the Neighborhood Safety Commission and Mitzi Moore to the Plumbing Advisory Board.

BACKGROUND
Joe O'Laughlin's term expired on the Neighborhood Safety Commission 9/30/13 and Mitzi Moore's term expired on the Plumbing Advisory Board 12/31/12. These are appointments by the Chairman.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve the reappointment of Joe O'Laughlin to the Neighborhood Safety Commission, Post 2 and Mitzi Moore to the Plumbing Advisory Board, Post 5.

Page 345 of 354

COMMISSIONERS' PUBLIC ADDRESS FEBRUARY 11, 2014 (Per Section 2.01.01 of the Rules of Procedure of the Board)

Page 346 of 354

RESPONSE TO PUBLIC COMMENT (FOR INFORMATION ONLY) REGULAR MEETING OF FEBRUARY 11, 2014
ITEM NO.

1 2

Response Letter to Ms. Vicky Hammond - Comments of December 19, 2013 Mr. Williams - Comments of 12/19/2013 and 1/14/14 Mr. Tiyamiyu - Comments of 12/19/2013 Mr. Taylor - Comments of 12/19/2013 Mr. Kirkland - Comments of 12/16/2013

Page 347 of 354

Agenda Item Number. 1

Cobb County Department of Public Safety


Sam Heaton, Director of Public Safety 100 Cherokee Street, Suite 460 Marietta, Georgia 30090-9682

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Sam D. Heaton, Director of Public Safety This item has been electronically signed by:
Sam Heaton, Director of Public Safety

DATE:

February 11, 2014

PURPOSE
Response Letter to Ms. Vicky Hammond - Comments of December 19, 2013

ATTACHMENTS
Response Letter - Vicky Hammond

Page 348 of 354

Page 349 of 354

Agenda Item Number. 2

Cobb County County Attorney's Office


Deborah Dance, County Attorney 100 Cherokee Street, Suite 350 Marietta, Georgia 30090-7000 (770) 528-4000 / fax: (770) 528-4010

Comm. Dist.

TO: FROM:

David Hankerson, County Manager Deborah Dance, County Attorney This item has been electronically signed by:
Deborah Dance, County Attorney

DATE:

February 11, 2014

PURPOSE
Mr. Williams - Comments of 12/19/2013 and 1/14/14 Mr. Tiyamiyu - Comments of 12/19/2013 Mr. Taylor - Comments of 12/19/2013 Mr. Kirkland - Comments of 12/16/2013

ATTACHMENTS
Letter to Tiyamiyu Letter to Kirkland Letter to Taylor Letter to Williams

Page 350 of 354

Page 351 of 354

Page 352 of 354

Page 353 of 354

Page 354 of 354