Post on 19-Jan-2016
description
August 12, 2014
TAB
REGULAR MEETING - CALL TO ORDER - 9:00 AM
PRESENTATIONS ...................................................................................................... 1
PUBLIC HEARING
Community Development Agency ...................... ................................................... 2
PUBLIC COMMENT .................................... ................................................................ 3
CONSENT ................................................................................................................... 4
TRANSPORTATION AGENCY ............................. ................................................... 5
PUBLIC SERVICES AGENCY . .......................... ....................................................... 6
SUPPORT SERVICES AGENCY .............................................................................. 7
COMMUNITY DEVELOPMENT AGENCY ...................... ........................................ 8
FINANCE ...................................................................................................................... 9
Page 1 of 213
COMMUNITY DEVELOPMENT HEARINGS ........................................................................................................... 10
PUBLIC COMMENT .................................... ................................................................ 11
COMMISSIONERS' PUBLIC ADDRESS ..................... ............................................... 12
ADJOURN
Page 2 of 213
PRESENTATIONS
AGENDA COVER
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
1 To allow the American Cancer Society Relay for Life organization to present a plaque recognizing George Davis, Cobb County Parks, Recreation and Cultural Affairs employee, for his outstanding dedication and support to the annual Relay for Life event.
2 To present a Certificate of Recognition to Dansby Swanson.
3 To present Certificates of Achievement to Evan Pearson and Ellis Pearson for attaining the honored rank of Eagle Scout.
4 To present the proposed FY 2015 Budget.
Page 3 of 213
Cobb County Board of Commissioners Tim Lee, Chairman
100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606
TO: Board of Commissioners
FROM: Tim Lee, Chairman
This item has been electronically signed by:Tim Lee, Chairman
DATE: August 12, 2014
PURPOSE To allow the American Cancer Society Relay for Life organization to present a plaque recognizing George Davis, Cobb County Parks, Recreation and Cultural Affairs employee, for his outstanding dedication and support to the annual Relay for Life event.
BACKGROUND The American Cancer Society annually sponsors an organized, overnight community fundraising walk called Relay for Life, which is one of the top such events in the country. The Relay for Life event is held to honor those who are fighting the battle with cancer or for cancer survivors, and the funds raised are used toward finding a cure for this disease that affects so many people in our community. For over ten years, this Cobb County Relay for Life event has been hosted at the Jim R. Miller Park. George Davis, Cobb County Parks, Recreation and Cultural Affairs employee, who oversees the park, has each year demonstrated his dedication to the event by providing an outstanding level of support for the event and its organizers. His support has been described as “amazing” by those American Cancer Society representatives who each year coordinate this event with George. George ensures that the event receives the highest level of support, including support on the day of the event, set-up activities, logistics, and he has always displayed an attitude of “doing whatever is needed” to ensure the event is a success and any needs are addressed quickly and efficiently. The American Cancer Society Relay for Life team would like to recognize George for his outstanding support and dedication with the presentation of a plaque to honor his contributions and efforts.
FUNDING
Comm. Dist.
All
Agenda Item Number. 1
Page 4 of 213
N/A
RECOMMENDATION To allow the American Cancer Society Relay for Life organization to present a plaque recognizing George Davis, employee of Cobb County Parks, Recreation and Cultural Affairs, for his outstanding support to the annual Relay for Life event at Jim R. Miller Park.
Agenda Item Number. 1
Page 5 of 213
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
TO: David Hankerson, County Manager
FROM: Helen C. Goreham, Commissioner, District 1
This item has been electronically signed by:Helen C. Goreham, Commissioner, District 1
DATE: August 12, 2014
PURPOSE To present a Certificate of Recognition to Dansby Swanson.
BACKGROUND A product of Marietta High School, Dansby Swanson lead the 2014 Vanderbilt University Commodores to the College World Series title and the first NCAA championship for any Vanderbilt men's team. Dansby was named the Most Outstanding Player of the College World Series after batting .323 with two RBIs, five runs scored and three stolen bases. He was also error-free in the field.
FUNDING N/A
RECOMMENDATION The Cobb County Board of Commissioners present a Certificate of Recognition to Dansby Swanson.
Comm. Dist. 1
Agenda Item Number. 2
Page 6 of 213
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
TO: David Hankerson, County Manager
FROM: Helen C. Goreham, Commissioner, District 1
This item has been electronically signed by:Helen C. Goreham, Commissioner, District 1
DATE: August 12, 2014
PURPOSE To present Certificates of Achievement to Evan Pearson and Ellis Pearson for attaining the honored rank of Eagle Scout.
BACKGROUND Ellis And Evan Pearson are in Troop 287, at St. Joseph Catholic Church. Ellis Pearson's service project benefited St.Joseph Catholic School and St.Joseph Catholic Church. He built a paved patio-walkway that was previously an area covered with wood chips, allowing students and parishioners to cross through the area without making a mess and getting dirty Evan Pearson's service project benefited St.Joseph Catholic Church's Parish School of Religion. He installed metal shelving for a storage room that provided much needed space for the PSR, Edge program, Hispanic Community and the Life Teen organizations that all share the one room and store all their material there.
FUNDING N/A
RECOMMENDATION The Cobb County Board of Commissioners present Certificates of Achievement to Evan Pearson and Ellis Pearson for attaining the honored rank of Eagle Scout.
Comm. Dist. 1
Agenda Item Number. 3
Page 7 of 213
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
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: August 12, 2014
PURPOSE To present the proposed FY 2015 Budget.
BACKGROUND The FY 2015 Proposed Budget is ready for presentation to the Board of Commissioners. A public hearing is required before adoption. The public hearing is scheduled for August 19, 2014, with the adoption scheduled for August 26, 2014.
FUNDING N/A
RECOMMENDATION The Board of Commissioner hear a presentation of the proposed FY 2015 Budget.
Comm. Dist.
All
Agenda Item Number. 4
Page 8 of 213
COBB COUNTY COMMUNITY DEVELOPMENT AGENCY
PUBLIC HEARING AGENDA COVER
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
Planning
1 To conduct a public hearing prior to employing an independent consultant or consulting firm to develop a Marketing and Branding Strategy for South Cobb.
Page 9 of 213
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To conduct a public hearing prior to employing an independent consultant or consulting firm to develop a Marketing and Branding Strategy for South Cobb.
BACKGROUND
On April 22, 2014, the Board of Commissioners authorized the issuance of a Request for Proposals #14-5921 for consultant services to develop a marketing and branding campaign for South Cobb. This initiative will be accomplished as a partnership between Cobb County, the South Cobb Redevelopment Authority, and a number of community partners involved in economic development. The Request for Proposals is using Selection Process 2 (Competitive Proposals) as outlined in the Policy for the Procurement of Professional Services, as amended by the Board on July 28, 2009.
Some of the goals for conducting the “South Cobb Marketing and Branding Campaign” include: • Creating a new identity for South Cobb that will aid in altering the misconception of the area. • Creating a sense of place in South Cobb through the creation of signage, brand identity, marketing materials, and an online presence. • Marketing South Cobb to businesses developers, both commercial and residential.
The marketing and branding strategy planning process is intended to involve community stakeholders who have a vested interest in the viability of South Cobb and rebrand South Cobb showcasing the attributes the community has to offer in a manner that will serve the higher purpose of altering the false perceptions.
The marketing and branding strategy planning process, including data collection and analysis,
Comm. Dist. 4
Agenda Item Number. 1
Page 10 of 213
shall consider, but not limited to: • Community input • Area attractions such as Six Flags, Riverside EpiCenter, Chattahoochee River, Mable House Ampitheatre, etc. • Location and proximity to airports, interstates, railway facilities, etc. • Needs of the residents and business community • Educational resources 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." Notice of Public Hearing was advertised in the Marietta Daily Journal on July 25, 2014.
FUNDING Funding for this project is available through existing budget allocations and the South Cobb Redevelopment Grant.
RECOMMENDATION The Board of Commissioners conduct a public hearing prior to employing an independent consultant or consulting firm to develop a Marketing and Branding Strategy for South Cobb, where contract fees may exceed $100,000.00.
Agenda Item Number. 1
Page 11 of 213
PUBLIC COMMENT (BEGINNING OF MEETING)
AUGUST 12, 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.
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CONSENT AGENDA
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
WATER SYSTEM AGENCY Business Services
1 To approve a unit price contract with RWRS-East, LLC for FY15 Large Water Meter Testing and Calibration Services, Program No. MZA2015.
Engineering
2 To approve a construction contract with Ray Campbell Contracting Co., Inc. for the Addison Heights Phase 1 Water Main Replacement, Program No. W2263.
3 To approve a work order under the Unit Price Contract for Water, Sewer, and Miscellaneous Services with D & H Construction Company for the 371 Pat Mell Road Service Line, Program No. W2289.
Stormwater
4 To approve Supplemental Agreement No. 1 to an agreement with the North Landing Homeowners Association, Inc. for the purchase of flood storage volume in North Landing Lake, Program No. SW1170.
TRANSPORTATION AGENCY Administration
5 To authorize the creation of a Pedestrian Enhancement District in the Cumberland Community Improvement District.
6 To authorize the creation of 12 new Street Light Districts.
7 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 two parcels on Windy Hill Road (East), Project No. E4020.
8 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 two parcels on Walker Drive Extension, Project No. E6100.
Airport
9 To approve Lease Amendment No. 5 to the Hawthorne Global Aviation Services, LLC, South Fixed Based Operator Lease and Operating Agreement for the funding of the construction of the Customs Inspection Facility at Cobb County Airport- McCollum Field.
Page 13 of 213
Transit
10 To authorize procurement of professional services for marketing and outreach of the Cobb Community Transit Flex Zone transit service pilot program.
PUBLIC SERVICES AGENCY Elections and Registration
11 To authorize changes to the following precinct boundaries due to recent annexations: Kennesaw 3A, Marietta 2B, Marietta 7A, Smyrna 3A, and Smyrna 7B to be in effect September 19, 2014.
SUPPORT SERVICES AGENCY Information Services
12 To authorize the purchase of servers and related software under provisions of a Georgia Statewide Contract for IBM Servers, Storage, and Related Services for the upgrade to Cobb County’s financial and human resources applications.
Property Management
13 To approve a Construction Manager-at-Risk contract with YLH Construction Company, Inc., for construction of a new Customs Inspection Facility at Cobb County Airport– McCollum Field, MIS Contract No. 000760, and authorize the procurement of furnishings for the same, Project No. TR467.
14 To authorize funding for renovation of vacant space located at Powder Springs Station for the relocation of Public Safety’s Internal Affairs Department.
15 To ratify previous authorization by the County Manager for payment to Georgia Master Plumbing for emergency sanitary sewer repairs, and approve a contract with Hearing Plumbing for relocation of the sanitary sewer line at the Smyrna Health Facility.
PUBLIC SAFETY AGENCY Police
16 To authorize the Cobb County Police Department to amend the public auction process for forfeited firearms as required under Georgia Law to also include the option to use an electronic online auction by a Licensed Federal Firearms Dealer.
Fire & Emergency Services
17 To approve an Agreement of Mutual Aid with the City of Atlanta, for fire, emergency, rescue, and support services.
18 To authorize the purchase of a replacement Rescue Boat and Transport Trailer.
Page 14 of 213
COMMUNITY DEVELOPMENT AGENCY Administration
19 To approve a special festival permit for Riverside EpiCenter for the South Cobb BBQ and Blues Fest to be held October 10-11, 2014, subject to the attached informational package and subject to Community Development's approval of a plan.
Planning
20 To authorize acceptance of a scholarship from the Georgia Department of Natural Resources, Historic Preservation Division to send a staff member to the National Historic Preservation Conference in Savannah, GA.
21 To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding a proposed Island Annexation on 0.4 acres of land; known as 6095 Mulberry Street in the City of Austell.
Business License
22 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 Julian Pineda doing business as, Bandido Wings, 371 Pat Mell Rd., Suite 137, Marietta, GA, 30060, Julian Pineda, licensee.
ECONOMIC DEVELOPMENT
23 To approve an Amendment to the current Agreement with CobbWorks, Inc.
24 To approve an Amendment to the current Grant Administration Agreement with W. Frank Newton, Inc. for the provision of administrative services for Cobb County’s grant programs received from the U.S. Department of Housing and Urban Development (HUD) and other federal and state sources to extend the term of the Agreement and establish a fee schedule.
Economic Development CDBG
25 To amend the Program Year 2012 and 2013 Annual Action Plans to reallocate Community Development Block Grant funds from the Extension Parking Lot Replacement Project and the Extension Energy Efficient Project to the Extension Rehabilitation Project.
FINANCE
26 To authorize all budget transactions necessary for the final close-out of the FY 2014 budgets of the General Fund, the other operating funds, and the 800 MHz Radio Capital Fund.
27 To adopt a resolution adopting all budget amendments set forth in agenda items on this
Page 15 of 213
date.
JUVENILE COURT
28 To authorize the acceptance of grant funds from Georgia Court Appointed Special Advocates, Inc. for the Juvenile Court’s Court Appointed Special Advocates program.
DISTRICT ATTORNEY
29 To authorize the acceptance of the 2014-2015 Contract with the Georgia Department of Human Services and the Cobb Judicial Circuit District Attorney to provide Child Support Services to the citizens of Cobb County.
TAX COMMISSIONER
30 To authorize the Tax Commissioner to write off 2008, 2009 and 2010 property taxes from the tax digest for Color Spectrum Network, Inc.
COUNTY CLERK
31 To approve the minutes of the following meetings: July 17, 2014 - Public Information Meeting on Proposed 2016 SPLOST July 21, 2014 - Special Called Meeting/Agenda Work Session July 21, 2014 - Special Called Meeting/Second Public Hearing on 2016 SPLOST July 22, 2014 - Special Called Meeting/Work Session July 22, 2014 - Regular Meeting of the Board
MOTION: Motion to approve the Consent Agenda, and authorize execution of the necessary documents by the appropriate County personnel.
Page 16 of 213
Page 17 of 213
Cobb County Water System Stephen D. McCullers, P.E., Director
Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000
TO: David Hankerson, County Manager
FROM: Stephen D. McCullers, P.E., Director
This item has been electronically signed by:Stephen D. McCullers, P.E., Director
DATE: August 12, 2014
PURPOSE To approve a unit price contract with RWRS-East, LLC for FY15 Large Water Meter Testing and Calibration Services, Program No. MZA2015.
BACKGROUND The Cobb County Water System distribution network includes more than 2,000 large commercial meters between 2-inches and 16-inches in size. Each of these meters is inspected and tested no less often than annually. When issues are identified, the meters are repaired or replaced as appropriate. Bids for FY15 Large Water Meter Testing and Calibration Services were received July 24, 2014, and the results of the bid were as follows:
An additional bid was received which was found to be non-responsive. The proposed base price contract period is for two (2) years with the provision for Owner to extend for three (3) additional one (1) year periods. The bid price is for the entire two-year base contract period.
RWRS-East, LLC $195,434.20UWS, Inc. $266,015.00
FUNDING
Funding is available in the Water System’s CIP Budget as follows: Transfer from:
Comm. Dist.
All
Agenda Item Number. 1
Page 18 of 213
Water RE&I-Meter Installations
Transfer to: Large Water Meter Testing and Calibration
Preliminary Estimates 510-500-5751-8005 MAPPR-Z $195,434.20
Meter Repair Service 510-500-5751-6502 MZA2015-M $195,434.20
RECOMMENDATION The Board of Commissioners approve a unit price contract with RWRS-East, LLC, in the amount of $195,434.20, for FY15 Large Water Meter Testing and Calibration Services, Program No. MZA2015; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 1
Page 19 of 213
Cobb County Water System Stephen D. McCullers, P.E., Director
Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000
TO: David Hankerson, County Manager
FROM: Stephen D. McCullers, P.E., Director
This item has been electronically signed by:Stephen D. McCullers, P.E., Director
DATE: August 12, 2014
PURPOSE To approve a construction contract with Ray Campbell Contracting Co., Inc. for the Addison Heights Phase 1 Water Main Replacement, Program No. W2263.
BACKGROUND The Addison Heights area is currently served by 6-inch transite water mains which are subject to periodic failure and ongoing repair demands. Three water main replacement projects are planned for the Addison Heights area. The proposed projects will address these deficiencies and bring the area up to current Water System standards. Phase 1 includes abandoning the use of existing water mains and replacement with approximately 13,000 linear feet of 6-inch ductile iron pipe (DIP) along Shannon Drive, Kelly Drive, Joel Drive, Embry Lane, Elaine Circle, Suholden Circle, Lyndon Drive, Crawford Circle, Chase Road, and Verney Drive and all related appurtenances. Bids for construction were received on July 24, 2014, and the results of the bid were as follows:
Ray Campbell Contracting Co., Inc. $925,970.00K. M. Davis Contracting Co., Inc. $990,405.00 Wade Coots Company, Inc. $1,041,935.00 John H. Pruett Construction Co., Inc. $1,142,925.95
FUNDING
Funding is available in the Water System’s CIP Budget as follows:
Comm. Dist. 3
Agenda Item Number. 2
Page 20 of 213
Transfer from: Addison Heights Phase 1 Water Main Replacement
Transfer to: Addison Heights Phase 1 Water Main Replacement
Preliminary Estimates 510-500-5754-8005 W2263-Z $959,120.00
Construction 510-500-5754-8260 W2263-C $925,970.00Interest Expense on Retainage 510-500-5754-6613 W2263-A $4,630.00Meter Replacement 510-500-5754-8456 W2263-M $10,000.00Contingency 510-500-5754-8810 W2263-T $18,520.00Total $959,120.00
RECOMMENDATION The Board of Commissioners approve a construction contract with Ray Campbell Contracting Co., Inc., in the amount of $925,970.00, for Addison Heights Phase 1 Water Main Replacement, Program No. W2263; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSMap
Agenda Item Number. 2
Page 21 of 213
422423
421
424
372
496
370 371
493494495
514
369
513 515 516
441442
443 444
425
368
497
512
440
350352 351 349353
517
568569
492
348
Canton Rd
New Chastain Rd
Chastain Cor
Blackwe
ll Rd
Scott R
d
Kelly Dr
Joel Dr
Shannon Dr
Embry Ln
Lowe Trl
Rockbridge Rd
Hilltop Dr
Rimrock Rd
Sumter Dr
Chapman Dr
Suholden Cir
Fowler D
r
Vicker y Dr Chance Rd
Worley Dr
Coll eton Dr
Kathryn Dr
Brackett Rd
Woodgate Dr
Shaw Park Rd
Weybourne Ct
Rockmoor Trl
Wood Fores t Rd
Centerview Dr
Verney Dr
Penland Dr
Elaine Cir
Blackwell Cir
Hil ltop C
irCrawfor d C
ir Pine MnrMulberry St
Ballew
Dr
Suholden Dr
Chastain Trl
Car roll ton C
t
Chastai
n Glen
Ln
Guildhall Trl
Guynelle Dr
Nivea Ct
Chasefield W
ay
Glenbarrett Ct
Paxton Cir
Rockmont Ln
Blackwell V
alley Dr
Kathryn
Ln
Hayworth
Dr
Bloombridge W
ay
Naylor Hall
Paxton C
t
High
broo
k Ct
Vickery Way
:*Project: Addison Heights Phase 1 Water Main ReplacementProgram Number: W2263Land Lots: As ShownDistrict: 16Commission District: 3 Location
Map
Project
1:10,000
Page 22 of 213
Cobb County Water System Stephen D. McCullers, P.E., Director
Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000
TO: David Hankerson, County Manager
FROM: Stephen D. McCullers, P.E., Director
This item has been electronically signed by:Stephen D. McCullers, P.E., Director
DATE: August 12, 2014
PURPOSE To approve a work order under the Unit Price Contract for Water, Sewer, and Miscellaneous Services with D & H Construction Company for the 371 Pat Mell Road Service Line, Program No. W2289.
BACKGROUND The shopping center located at 371 Pat Mell Road is currently served by a failing 2-inch galvanized iron water main with 14 separate meters located throughout the shopping center on private property. This project will replace the main with approximately 350 linear feet of 2-inch copper main and relocate the meters into a public easement or right of way. Prices for the work were solicited from all unit price contractors under contract for the FY12 – FY13 Water, Sewer, and Miscellaneous Services. Prices were received on June 17, 2014. The lowest responsive bid was received from D & H Construction at a price of $60,446.00.
FUNDING
Funding is available in the Water System’s CIP Budget as follows: Transfer from:
Comm. Dist. 4
Agenda Item Number. 3
Page 23 of 213
Unidentified New/Replacement Water Mains
Transfer to: 371 Pat Mell Road Service Line
Preliminary Estimates 510-500-5754-8005 W1503-Z $62,946.00
Construction 510-500-5754-8260 W2289-C $60,446.00Interest Expense on Retainage510-500-5754-6613 W2289-A 300.00 Meter Replacements 510-500-5754-8456 W2289-M 1,000.00Contingency 510-500-5754-8810 W2289-T 1,200.00Total $62,946.00
RECOMMENDATION The Board of Commissioners approve a work order under the Unit Price Agreement for Water, Sewer, and Miscellaneous Services with D & H Construction Company, in the amount of $60,446.00, for the 371 Pat Mell Road Service Line, Program No. W2289; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSMap
Agenda Item Number. 3
Page 24 of 213
301
300277
276
299
348
349
278 350
South C
obb D
r
Pat Mell Rd
Ol d
Conc
or d
Rd
Bens
on Poo
le R
d
Ken
nesa
w D
r
Dink Ln
Frank
Ln
Spring Valley Rd
Wynona Dr
Atoka Dr
L ac e
ola
Ln
Deer Cree
k Trl
Wyno
na D
r
Location Map
:*
Project: 371 Pat Mell Road Service LineProgram Number: W2289Land Lot: 300District: 17Commission District: 4Description: Approve Task Order under Unit Price Contract with D&H Construction
1:4,000
Project
Page 25 of 213
Cobb County Water System Stephen D. McCullers, P.E., Director
Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000
TO: David Hankerson, County Manager
FROM: Stephen D. McCullers, P.E., Director
This item has been electronically signed by:Stephen D. McCullers, P.E., Director
DATE: August 12, 2014
PURPOSE To approve Supplemental Agreement No. 1 to an agreement with the North Landing Homeowners Association, Inc. for the purchase of flood storage volume in North Landing Lake, Program No. SW1170.
BACKGROUND
On March 23, 2010, the Cobb County Board of Commissioners approved an agreement with the North Landing Homeowners Association, Inc. to purchase approximately 1.75 million cubic feet of flood storage volume in North Landing Lake (Land Lots 124 and 165 of the 16th District) for $297,411.60. The additional freeboard created between the top of the dam and the new normal pool level will help reduce downstream impacts of flood flows and improve reliability of the dam. The agreement was subsequently executed on April 9, 2010, with a four year term. This agreement provides that:
“… All work by OWNER or its contractors associated with this Agreement shall be completed, if feasible, within four years from the date of execution of the Agreement by the COUNTY, However, the COUNTY recognizes and acknowledges that delays in the process of adjusting or repairing the Dam may occur in association with the approval by governmental authorities, including the Georgia Safe Dams Program, and that any delays in such approval shall provide a basis for extending the applicable four–year period of such delay without penalty to OWNER under this Agreement.”
Plans to renovate the dam were submitted to the State Safe Dams Program by Walden Ashworth Associates on January 13, 2012. Comments on these plans were received from the State on May 1, 2014. Walden Ashworth responded to the State’s comments and resubmitted plans on June 10, 2014. Final approval of the plans is expected by the end of August, 2014; however, the four year
Comm. Dist. 3
Agenda Item Number. 4
Page 26 of 213
time period for this contract expired on April 9, 2014. Subject to the Storage Volume Purchase Agreement with Cobb County remaining in force, the North Landing Homeowner’s Association has expressed their intention to hire a contractor and proceed with the necessary dam repair work without delay. Because the delays to this project were not attributable to the North Landing Homeowners Association, the Water System recommends extending the term of the agreement with Cobb County through August 12, 2017.
FUNDING Previously approved.
RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 1 providing a time extension through August 12, 2017, to an agreement with the North Landing Homeowners Association, Inc. for the purchase of flood storage volume in North Landing Lake, Program No. SW1170; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSMap
Agenda Item Number. 4
Page 27 of 213
North Landing Lake
Mirraview Lake
Unknow
n
Trickum Creek
Trickum Creek Tributary
Unknown
Unknown
Unknown
Unknown
Unknown
197
125 124
196
164 165
123
166
195
9392 94
126
163
198
91
236 237 238235
Trickum Rd
Kemp Rd
Steinhauer Rd
Keh el ey Rd
East Br an d
on Dr
North La
nding
Dr
Brandon Ct
Pinevale Dr
North Landing W
ay
South Landing Dr
Timberbroo
k Trce
S Inlet
Reming
ton Ct
Sparrow Ridge Dr
Hallford W
ay
North Cove Ct
Millhouse Lnd
g
Millhouse Run
Rockybranch Psge
Longford Dr
Myrtle Dr
Tall Timbers Ln
Netherstone D
r
Brandon Ridge Dr
South Cove Trl
Hub
er t Dr
Brandon C
v
North Landing Trce
North River Trl
North S
ound Trl
Hollander Dwns
Summer Breeze Ct
North La
nding
Run
Stockton Dr
Nantucket Ct
Browning Ct
Provence Ct
Reming
ton Way
South B
ay Ct
Yarmouth Pl
South Cove Ct
Danforth Pointe Trl
North Woods C
t
North La
nding
Ct
Location Map
:*Project: North Landing Homeowners AssociationProgram Number: SW1170Land Lot: As ShownDistrict: 16Commission District: 3 Description: Acquisition of Flood Storage
1:7,500
Project
Page 28 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director Rob Hosack, Director, Community Development
This item has been electronically signed by:Faye DiMassimo, Director Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To authorize the creation of a Pedestrian Enhancement District in the Cumberland Community Improvement District.
BACKGROUND
On November 3, 2006, Cobb County and the Cumberland Community Improvement District (CCID) entered into a Cooperation Agreement, as required by state law, to allow for the joint provision of services between the County and the CCID. On October 25, 2011, the Board of Commissioners approved an Amendment to the Cooperation Agreement, which created a Street Light District and a Pedestrian Light District for all roadways within the CCID and defined responsibilities relating to the provision of street light and pedestrian light services. On February 25, 2014, the Board amended the County Code to allow for the creation of Pedestrian Enhancement Districts, to supplement Board approved Pedestrian Lighting Districts, allowing for the addition of decorative banners to pedestrian light poles. On June 26, 2014, in accordance with the provisions of Section 106-171 of the County Code, the CCID Board of Directors approved a resolution consenting to the creation of a Pedestrian Enhancement District. On July 15, 2014, the Georgia Department of Transportation sent a letter of consent for the creation of a Pedestrian Enhancement District for the CCID.
Comm. Dist.
2
Agenda Item Number. 5
Page 29 of 213
Upon authorization by the Board to create a Pedestrian Enhancement District in the CCID, an agenda item to approve a maintenance agreement and banner design will be presented to the Board at a future meeting.
FUNDING N/A
RECOMMENDATION The Board of Commissioners authorize the creation of a Pedestrian Enhancement District in the Cumberland Community Improvement District (CCID).
ATTACHMENTSLocation Map
Cumberland Community Improvement District Resolution
Agenda Item Number. 5
Page 30 of 213
F U LT O N
DobbinsARB
Atlanta
SandySprings
Smyrna
Marietta
§̈¦285§̈¦75
COBB PKWY
WINDY RIDGE PKWY
SOUTH COBB DR
ATLA
NTA
RD
WINDY HILL RDPOWERS FERRY RD
COBB PKWY
HERODIAN WAY
ROSWELL ST
SPRING ST
INTE RSTATEN PKWY
TERRELL MILL RD
AKERS MILL RD
GILMORERD
PACES FERRYRD
COOPERLAKEDR
RIDGE RD
CUMBERLAND PKWYWOODLAND BROOK DR
BEN TLEY RD
CUMBERL
AND
PKWY
C OB BGALLE RIA PKW Y
PACES MILL RD
LAKE PARK DR
SPRING RD
CUMBERLAN D BLVD
CIRCLE 75 PKWY
WILDWOOD PKWY
W IN D Y H ILL R D
VILLAG
EPKW
Y
SPRI
NGHIL
L PKWY
CAMPB
ELL RD
THE EXCHANGE
LEGACYLINKS GOLF
COURSE
CHATTAHOOCHEERIVER NRA
LOCATION MAP
PROJECT:CCID Pedestrian Enhancement District
[
DATE:August 12, 2014
Notes: Commission District 2
Cobb CountyDepartment of Transportation
CHUR
CH ST
PEAK
ST
Cumberland CommunityImprovement District
Page 31 of 213
Page 32 of 213
Page 33 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To authorize the creation of 12 new Street Light Districts.
BACKGROUND
The following are developments which have met the requirements for addition of street lights on developer-built streets, as outlined in the County’s Street Light Ordinance:
The following development has circulated a petition with at least 75 percent of the property owners voting in favor, which meets the requirements for the addition of street lights on existing streets as outlined in the County’s Street Light Ordinance:
Once the lights are activated, each property owner within the developments will be assessed $3.50 per month by the Cobb County Water System as a street light service charge.
Cloverhurst Northampton, Unit A-1, Phases I and II
Creekside Manor Silveroak, Unit II
Latimer Cove Spencers Mill, Unit I, Phase V
Lexford The Enclave at Vinings, Units I and II
Liberty Woods Winward Forest, Phase VI
Madison Hall
Williams Road: There are 12 property owners in this proposed district with 12 (100 percent) in favor of creating a street light district. Lights are proposed to be installed on existing utility poles.
Comm. Dist.
All
Agenda Item Number. 6
Page 34 of 213
FUNDING Available in the Department's approved FY14 Street Light District Program budget as follows: 235-050-SLD1-6472 (Street Light District - Electricity)
RECOMMENDATION The Board of Commissioners authorize the creation of 12 new Street Light Districts as follows:
Commission District Street Light District Name Type
Monthly Rate
1 Cloverhurst Residential $3.50
4 Creekside Manor Residential $3.50
3 Latimer Cove Residential $3.50
3 Lexford Residential $3.50
4 Liberty Woods Residential $3.50
3 Madison Hall Residential $3.50
3 Northampton, Unit A-1, Phases I and II Residential $3.50
1 Silveroak, Unit II Residential $3.50
3 Spencers Mill, Unit I, Phase V Residential $3.50
2 The Enclave at Vinings, Units I and II Residential $3.50
4 Winward Forest, Phase VI Residential $3.50
3 Williams Road Residential $3.50
ATTACHMENTSLocation Map 1
Location Map 2
Location Map 3
Agenda Item Number. 6
Page 35 of 213
LOCATION MAP 1
PROJECT:Street Light Districts
DATE:August 12, 2014
Cobb CountyDepartment of Transportation
CREEKSIDE MANOR
LATIMER COVE LEXFORD
""
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"""SHALLO
WFORD RD LATIMER LN
TRINA AVE
NORTH VIEW RD
MYRTLE HILL RD
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Commission District 4
Commission District 3 Commission District 3
CLOVERHURSTCommission District 1
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Page 36 of 213
LOCATION MAP 2
PROJECT:Street Light Districts
DATE:August 12, 2014
Cobb CountyDepartment of Transportation
MADISON HALL
NORTHAMPTON, UNIT A-I, PHASES I AND II SILVEROAK, UNIT II
"" " " " " " "
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Commission District 3 Commission District 1
LIBERTY WOODSCommission District 4
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IA C
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HILLSMAN LN
LONG GROVE DR
POST OAK TRITT RD
k
k
Page 37 of 213
LOCATION MAP 3
PROJECT:Street Light Districts
DATE:August 12, 2014
Cobb CountyDepartment of Transportation
THE ENCLAVE AT VININGS, UNITS I AND II
WINWARD FOREST, PHASE VI WILLIAMS ROAD
""
""
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CHURCH RD
LANDMARKDR
ROBBIE LN
COUR
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DR
FOXW
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TRL
WINW
ARD
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""
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[
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Commission District 2
Commission District 4 Commission District 3
SPENCERS MILL, UNIT I, PHASE VCommission District 3
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SPARROW RIDGE DR
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Page 38 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 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 two parcels on Windy Hill Road (East), Project No. E4020.
BACKGROUND
Windy Hill Road (East) is an approved thoroughfare improvements project in the 2011 SPLOST Transportation Improvements Program (TIP). The project includes construction of an additional westbound lane on Windy Hill Road, from Powers Ferry Road to Spectrum Circle, for a project length of 0.12 miles. 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 Department’s Development Services, Right-of-Way and Construction staff, and the County’s 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.
Comm. Dist. 2
Agenda Item Number. 7
Page 39 of 213
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 two parcels on Windy Hill Road (East), Project No. E4020; adopt a Resolution and Order for each parcel in form substantially similar to the attached, and as approved by the County Attorney's Office; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Resolutions and Attachments 1 for Parcels 51 and 54
Agenda Item Number. 7
Page 40 of 213
"
" "" " "
F U LT O NSandy
Springs
Smyrna
Marietta
£¤41
!(3
!(280
!(3
§̈¦75
§̈¦285
WINDY HILL RD
HAWK CT
BELL
DR
BRENDA DR
NOR TH WES
TPKWY
SHAD OWOODPKW Y
HIGH TRL
HALLMARK DR
BROOKVIEW RD
TUCKERS
FARM
CAPITAL CIR
FORESTLN
OVERTONPARK
DR
SO PEC REEK FARM
SPRI
NG D
R
AFTO
N WAYRIDGECRESTLN
LAKERIDGE DR
PARK
RD
BEEC
HWOOD DR
TIM BERL
AND
DR
RIV
ERS CALL BLVD
PEBB
LEC R
EEK
RD
ROLL
ING
VIEW
DR
CARO
LYN
DR
LELAND DR
COBB PKWY
WINDY RIDGE PKWY
WINDY HILL RD
SPRING RD
POWERS
F ERRYRD
HERODIAN WAYINTERSTATE N PKWY
TERRELL MILL RD
AKERS MILL RD
DELK RDNO
RTH PARK PL
INTERSTATE NPKWYW POWERS FERRY RD
BENTLEY RD
LAKE PARK DR
INTERSTATE N
CIRCIRCLE 75 PKWY
CUM BE
RLAN
D B LV D
WINDY HILL RD
WILDWOOD PKWY
CUMBERLAND BLVD
THEEXCHANGE
PROJECT:Windy Hill Road (East)Project No. E4020
[
DATE:August 12, 2014
Notes: Commission District 2
Cobb CountyDepartment of Transportation
LOCATION MAP
k
Begin Project End Project
Parcel 51Parcel 54
(Not to scale)Page 41 of 213
Page 42 of 213
Page 43 of 213
Page 44 of 213
Page 45 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 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 two parcels on Walker Drive Extension, Project No. E6100.
BACKGROUND
Walker Drive Extension is an approved roadway safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes a quarter-mile development of new roadway, extending Walker Drive from Old Floyd Road to Church Street, creating a town square in front of Mableton Elementary School. This project is associated with the new Mableton Elementary School, in coordination with the Cobb County School District. 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 obtain clear title, 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 Department’s Development Services, Right-of-Way and Construction staff, and the County’s Legal personnel, recommends condemnation actions be filed.
Comm. Dist. 4
Agenda Item Number. 8
Page 46 of 213
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.
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 two parcels on Walker Drive Extension, Project No. E6100; adopt a Resolution and Order for each parcel in form substantially similar to the attached, and as approved by the County Attorney's Office; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Resolutions and Attachments 1 for Parcels 5 and 8
Agenda Item Number. 8
Page 47 of 213
""
""
"
" " " " " " "
FONTAINE RD
OLD POWDER SPRINGS RD
VETERANS MEMORIAL HWY
NICKAJACK RD
CLAY RD
BROO
KWOO
D DR
MAB LETO NPK W
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FLOY DR D
PISGAH RD
FRONT ST
DAN I
ELST
PINE VALLEY RD
CHRIS LN
WHITE
BLV
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OLD FLOYD
RD
RET N
ER
DR
LANDERS DR
PINE VALLEY RD
LIONS CLUB DRKEMOLAY RD
ORIOLE WAY
OAK HILLS RD
LAFAYE TTE DR
HER ITAGE
MIST TRL
CENTER ST
S KYV
IEW CIR
JENM
ARIE DR
ANDR
EWD R
DUNN
RD
CENTER ST
VIRGIL LN
BRIARLEIGHC H
SE
WALKER DR
FALC
ON LN
MONTICELLO DR
CARDI NAL
DR
OLD BANKHEAD HWY
AYRES RD
SAINT PATRICK DR
FERNDALE DR
CLIFF DR
CRESTBROOK LN
LAVISTA DR
MOSS DR
VONDALN
GLOR
E RD
OX DR
LEE RD
MOSELLE DR
FONTAINE RD
NORT
H AV
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DALE DR
BELLEM E ADE
CIR
PALMER PL
HAGG
ARD
DR
PUCKETT DR
PROSPECT PL
TRENTON CT
BRENTWOOD DR
GRACE ST
RIDGE AVE
STELLA C IR
CRAB
APPL
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MARAN LNJ OSEPH CLUB
DR
PINELAND CIR
WHI SPER INGPINESRD
OLD GORDON RD
NORTHLAND RDCOMPTON DR
MIMOSA CIR
CONC
ORD RIDGE DR
MAB L
ELA
KEDR
MO NTPELIERDR
LUTHER DR
MAPLE VALLEY RD
MABLE ST
ANNA
WAY
LAVERTE CIR
VALLEY CREEK RD
BROO
KWO O
DDR
SHANNON GREE N CIR
WOOD VALLEY RD
FRANCIS CIR
GLOREDR
SIL H
OUET
TELN
BREN
DA D
R
GLOR
EDR
WOODWARD CIR
KEMM
IE LN
PINELAND RD
DUNN PKWY
BARNES DR
CARO
L CIR
MABLE HOUSEAMPHITHEATRE
LIONSPARK
LOCATION MAP
ProjectLimit
PROJECT:Walker Drive ExtensionProject No. E6100
[
DATE:August 12, 2014
Notes: Commission District 4
Cobb CountyDepartment of Transportation
k
ProjectLimit Parcel 8
Parcel 5
ProjectLimit
(Not to scale)
CHUR
CH ST
PEAK
ST
Page 48 of 213
Page 49 of 213
Page 50 of 213
Page 51 of 213
Page 52 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To approve Lease Amendment No. 5 to the Hawthorne Global Aviation Services, LLC, South Fixed Based Operator Lease and Operating Agreement for the funding of the construction of the Customs Inspection Facility at Cobb County Airport-McCollum Field.
BACKGROUND
On March 13, 2001, the Board of Commissioners approved a 25-year Lease and Operating Agreement (South Fixed Based Operator (FBO) Lease) with Preferred Aircraft Services, LLC, (Preferred) to operate on the South FBO premises. On December 20, 2011, the Board approved a Memorandum of Agreement (MOA) with U.S. Customs and Border Protection (CBP) to provide customs inspection services at Cobb County Airport-McCollum Field. On October 9, 2012, the Board approved the Transfer, Assignment, and Consent Agreements for the transfer of both the North and South FBO Leases and Operating Agreements to Atlanta Executive Jet Center, LLC (AEJC). On December 20, 2012, the Board approved Lease Amendment No. 3 to the AEJC South FBO Lease and Operating Agreement requiring AEJC to comply with new obligations, including reimbursement to the County for expenses associated with providing customs inspection services, per terms of the MOA with CBP, for a minimum of 10 years, and constructing and providing a facility that meets the standards defined in the MOA. AEJC will be permitted to collect fees from users of the customs inspection services.
Comm. Dist. 2
Agenda Item Number. 9
Page 53 of 213
On April 9, 2013, the Board approved Lease Amendment No. 4 to the AEJC South FBO Lease and Operations Agreement which established that the County would manage the design and construction of the Customs Inspection Facility, in accordance with established County policies. AEJC is to provide 100 percent contract funding prior to the County executing architectural or construction contracts, to include reimbursement of miscellaneous expenditures within 14 days of notification. The County will be responsible for all coordination required with Federal/State agencies and other parties to streamline the construction phase of the project and to coordinate efforts with CBP. On June 10, 2014, the Board approved Transfer, Assignment and Consent Agreement and Estoppels of the Atlanta Executive Jet Center, LLC, North and South Fixed Base Operator (FBO) Lease and Operating Agreements to Hawthorne Global Aviation Services, LLC, (Hawthorne) requiring Hawthorne to assume and perform all of the covenants, agreements, provisions, and obligations of AEJC under the current North and South FBO Leases. On June 18, 2014, CBP approved the plans for construction of the new Customs Inspection Facility. Concurrent with this agenda item, Property Management and the Department are jointly presenting an agenda item to the Board requesting approval of a Construction Manager-at-Risk contract with YLH Construction Company, Inc., for construction of the Customs Inspection Facility, which establishes the construction budget of $799,241.00.
Lease Amendment No. 5 requires Hawthorne to submit a $150,000.00 initial payment to Cobb County for estimated construction costs. At the end of each month during construction, the contractor’s approved pay application will be forwarded to Hawthorne. Hawthorne will have 21 days to review the pay application and submit payment to Cobb County for the full amount requested.
Amendment No. 5 to the Hawthorne South FBO Lease and Operating Agreement has been reviewed by the County Attorney's Office.
FUNDING N/A
RECOMMENDATION The Board of Commissioners approve Lease Amendment No. 5 to the Hawthorne Global Aviation Services, LLC, South Fixed Based Operator Lease and Operating Agreement for the funding of the construction of the Customs Inspection Facility at Cobb County Airport-McCollum Field; and authorize the Chairman to execute the necessary documents.
ATTACHMENTSAmendment No. 5 to Cobb County Airport - McCollum Field Lease and Operating
Agreement (South FBO Premises)
Agenda Item Number. 9
Page 54 of 213
Lease Amendment No. 5 Page 1 7/30/2014
STATE OF GEORGIA COUNTY OF COBB
AMENDMENT NO. 5 TO
COBB COUNTY AIRPORT – MCCOLLUM FIELD
LEASE AND OPERATING AGREEMENT
(South FBO Premises)
THIS AMENDMENT NO. 5 TO COBB COUNTY AIRPORT – MCCOLLUM
FIELD LEASE AND OPERATING AGREEMENT (“Amendment”) is made and entered
into this day of ____________, 2014, by and between COBB COUNTY, a political
subdivision of the State of Georgia, (”Lessor”), and HAWTHORNE GLOBAL
AVIATION SERVICES, LLC, whose principal place of business is located at 3955 Faber
Place Drive, Ste 301, North Charleston, SC 29405, (”Lessee”).
WITNESSETH:
WHEREAS, Lessor and Preferred Aircraft Services, LLC (“Preferred”) did on the
13th day of March 2001, enter into a Lease and Operating Agreement, as amended by
Amendment No. 1 of Lease and Operating Agreement, dated October 8, 2006, Amendment
No. 2 of Lease and Operating Agreement, dated November 12, 2010, and Amendment No. 3
of Lease and Operating Agreement, dated December 31, 2012, and Amendment No. 4 of
Lease and Operating Agreement, dated April 17, 2013 as assigned by Atlanta Executive Jet
Center, LLC to Lessee by Transfer, Assignment, and Consent Agreement and Estoppel –
South FBO Lease, dated June 10, 2014 (the “Consent”) (collectively the “Lease”) for the
leasehold of certain described real property (South FBO Premises) at the Cobb County
Airport-McCollum Field (the ”Airport”), located in Cobb County, Georgia, wherein Lessee
was granted the right to engage in the business of fueling, maintaining, and storing aircraft at
said Airport; and
WHEREAS, Lessor and Lessee desire to amend the terms and conditions of the
Lease to modify the provisions of the Lease relating to Custom Inspection Services (as set
Page 55 of 213
Lease Amendment No. 5 Page 2 7/30/2014
forth in Amendment No. 4 to the Lease) and to make other revisions to the Lease, as
provided in this Amendment;
NOW, THEREFORE, for and in consideration of the covenants and agreements
hereinafter set forth, the benefits received by Lessor and Lessee, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually
agreed as follows:
1. The Effective Date of this Amendment shall be the date the Amendment is executed
by Lessor, which shall be the last party to execute the amendment.
2. Article III, Paragraph A, Required Services, of the Lease, as amended, is hereby
amended by deleting Subparagraph 11.(b).2 in its entirety and substituting in lieu
thereof the following new Subparagraph 11.(b).2:
(2) Lessee shall no later than fourteen (14) calendar days from the
Effective Date of this Amendment pay to Lessor the sum of One
Hundred Fifty Thousand Dollars ($150,000.00) (the “Construction
Escrow Amount”) as a partial prepayment of the estimated costs and
expenses to be incurred by Lessor for the construction of the Facilities
pursuant to the Contract for Construction between Lessor and YLH
Construction Company (the “Contractor”), dated ________2014
(“Contract”). Lessor shall use the prepayment monies solely to make
payments under the Contract for construction of the Facilities. At the
end of each month during construction Lessor shall deliver to Lessee
(a) a copy of Contractor's application for payment to Lessor and
confirmed by Lessor, on AIA Forms G702 and G703/G703A or other
forms acceptable to Lessee, (b) conditional lien waivers executed by
each of the contractors or subcontractors to be paid in connection with
such application for payment, unconditional lien waivers shall be
provided with final application of payment, (c) a short narrative report
with pictures describing construction progress (collectively, the “Draw
Request”). Within twenty-one (21) days of Lessee’s receipt of a Draw
Request, Lessee shall review the Draw Request, which review shall be
Page 56 of 213
Lease Amendment No. 5 Page 3 7/30/2014
limited to confirming that the Draw Request is in conformance with
the Contract and construction is proceeding in accordance with the
Contract and the MOU, and Lessee shall pay to Lessor the full amount
of of the Draw Request to Lessor. In the event Lessee disputes any
items in the Draw Request, Lessor and Lessee shall work in good faith
to resolve any disputed amounts or items, provided however, that
Lessor shall not be relieved of its obligation to pay the disputed items
pending resolution of such disputes. In the event the remaining
amounts required to be paid under the Contract are less than or equal
to the Construction Escrow Amount, Lessee may elect to have Lessor
apply the Construction Escrow Amount to payment of the amount of
the final Draw Request. Upon final payment of all amounts owing
under the Contract., Lessor shall pay to Lessee any remaining
Construction Escrow Amount. Lessor acknowledges receipt of
payment of $58,670.00 for Professional Services related to the
Facilities. Additionally, Lessee shall pay to Lessor no later than
twenty-one (21) calendar days from the date of the notices provided by
Lessor to Lessee the full amount of any additional costs or expenses
related to the Facilities that are in addition to the amounts paid for the
Professional Services and construction contracts, including, but not
limited to, costs associated with additional services provided, change
orders, field changes, unknown conditions, etc. Lessee will not be
responsible for any additional costs or expenses that are the direct
result of Lessor’s negligence related to the contracts.
3. All other terms and conditions of the Lease, as amended, shall remain the same and
unchanged except as specifically set forth above. The Agreement, Amendment No. 1,
Amendment No. 2, Amendment No. 3, Amendment No. 4 and this Amendment No. 5
shall be construed as if they were a single document. Any terms not defined in this
Amendment shall have the same meanings as ascribed to them in the Agreement and
prior amendments thereto.
Page 57 of 213
Lease Amendment No. 5 Page 4 7/30/2014
IN WITNESS WEREOF, the parties have executed this Amendment the day and
year first above written.
LESSOR:
COBB COUNTY, GEORGIA
Signed, sealed and delivered
In the presence of:
By:____________________________________ ________________________ Timothy D. Lee, -Chairman Cobb County Board of Commissioners
Witness
________________________ Attest:________________________________ Notary Public County Clerk Approved as to Form: ____________________________________ County Attorney Date: _______________________
LESSEE:
HAWTHORNE GLOBAL
AVIATION SERVICES, LLC
Signed, sealed and delivered
In the presence of:
________________________ By:_________________________________ Witness ________________________ Title:________________________________ Notary Public
[Seal]
{Signatures continue on following page.}
Page 58 of 213
Lease Amendment No. 5 Page 5 7/30/2014
Leasehold Mortgagee Approved:
___________________________________________ Wells Fargo Bank, N.A. __________________________________________ Printed Name
Page 59 of 213
Page 60 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To authorize procurement of professional services for marketing and outreach of the Cobb Community Transit Flex Zone transit service pilot program.
BACKGROUND
On March 11, 2014, the Board of Commissioners authorized the implementation of the Cobb Community Transit (CCT) service and operating delivery plan for the Flex Zone transit service pilot program. The new Flex Zone transit service will operate in Commission District 4, where FY11 service reductions eliminated two of CCT’s lowest-performing routes. Service is slated to begin operation in Fall 2014, connecting riders within three zone areas not currently served by existing CCT routes: Powder Springs Road (Green Zone); Powder Springs (Blue Zone); and Austell (Red Zone). Flex Zone transit service will be operated utilizing one small accessible bus per zone. Riders may call for pick-up at designated locations within the zone areas for a trip destination to the nearest CCT fixed route bus stop. For trips originating on a CCT fixed route, riders may call for drop-off at designated locations within the zone areas. Reservations are required to use the Flex Zone transit service, and must be made at least two hours in advance of requested pick-up/drop-off. The Department recommends securing professional services for marketing and outreach efforts to promote the new Flex Zone transit service and inform the community how to use the service. Veolia Transportation, Inc., the current CCT operating service provider who will be implementing/operating the Flex Zone transit service, has proposed to also provide the necessary marketing service, in an amount not to exceed $49,950.00.
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Agenda Item Number. 10
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The proposed marketing plan will consist of public outreach, photography, printing, texting, and administrative support services. On May 27, 2014, the Board adopted a resolution authorizing the submission of an FY14 Section 5307 Grant application (GA-90-X337) to the Federal Transit Administration, in which funds were budgeted for various operating projects. Federal funding will provide 50 percent of the proposed marketing costs, not to exceed $24,975.00. The 50 percent local match required, in an amount not to exceed $24,975.00, is available in the Transit Division’s FY14 Operating Budget.
FUNDING Federal and local funding is available in the Transit Division’s FY14 Operating Budget with the following budget transfer:
Transfer from: 200-050-4802-4802-6327 (Operator Service Fees) $49,950.00
Transfer to: 200-050-4802-4802-6326 (Professional Services)$49,950.00
RECOMMENDATION The Board of Commissioners authorize the procurement of professional services from Veolia Transportation, Inc., for marketing and outreach of the Cobb Community Transit Flex Zone transit service pilot program; and further authorize the corresponding budget transactions.
Agenda Item Number. 10
Page 62 of 213
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, Chair Joyette Holmes Joe Pettit Darhyl Watkins
TO: David Hankerson, County Manager
FROM: Janine Eveler, Director
This item has been electronically signed by:Janine Eveler, Director Jackie R. McMorris, Director of Public Services
DATE: August 12, 2014
PURPOSE To authorize changes to the following precinct boundaries due to recent annexations: Kennesaw 3A, Marietta 2B, Marietta 7A, Smyrna 3A, and Smyrna 7B to be in effect September 19, 2014.
BACKGROUND
As a result of recent annexations by the cities of Kennesaw, Marietta and Smyrna, it is necessary for the county to change the boundaries of the above listed precincts to conform to the new city limits. Notice of this change has appeared in the legal organ of the county. Once approved, affected voters will receive a new Voter Precinct Card. A public hearing was held on August 11, 2014 at 4:00 P.M. to hear any objections to these proposed changes. No objections were filed; therefore, we ask the Commissioners to authorize. ANNEXATIONS KENNESAW 3A: Property located at 1650 Cobb Parkway NW consisting of 52.311 +/- acres; Land District 20, Land Lots 207, 208, 211, and 212, Parcel 6. MARIETTA 2B:
Comm. Dist.
1, 2, 4
Agenda Item Number. 11
Page 63 of 213
Property located at 759 Lowell Drive consisting of 0.41 +/- acres; Land District 17, Land Lot 9, Parcel 19. MARIETTA 7A: Property located at 1803 Lower Roswell Road consisting of 1.033 +/- acres; Land District 16, Land Lot 1207, Parcel 1. SMYRNA 3A: Property located at 1123 Park Drive consisting of .4293 +/- acres; Land District 17, Land Lot 492, Parcel 57. Property located at 2201 Dixie Avenue consisting of 1.21 +/- acres; Land District 17, Land Lot 492, Parcel 34. Property located at 2267 Dixie Avenue consisting of .7 +/- acres; Land District 17, Land Lot 492, Parcel 58. SMYRNA 7B: Property located at 1514 Pebblebrook Road consisting of 1.53 +/- acres; Land District 17, Land Lot 543, Parcel 2. Property located at 1401 and 1445 Pebblebrook Road consisting of 2.26 +/- acres; Land District 17, Land Lot 543, Parcel 6 and 7.
FUNDING No additional funding is needed, because no additional polling places or poll workers will be necessary.
RECOMMENDATION The Board of Commissioners authorize the changes to existing precinct boundary lines, due to recent annexations in Kennesaw 3A, Marietta 2B, Marietta 7A, Smyrna 3A, and Smyrna 7B to be in effect September 19, 2014.
Agenda Item Number. 11
Page 64 of 213
Cobb County Information Services Ed Biggs, Acting Director
100 Cherokee Street, Suite 520 Marietta, Georgia 30090-7000 (770) 528-8700 / fax: (770) 528-8706
TO: David Hankerson, County Manager
FROM: Ed Biggs, Acting Director Joe Tommie, CPPO, Purchasing Director Willie A. Hopkins, Jr., Director of Support Services
This item has been electronically signed by:Ed Biggs, Acting Director William J. Tommie, Jr., Director Willie A. Hopkins, Jr., Director of Support Services
DATE: August 12, 2014
PURPOSE To authorize the purchase of servers and related software under provisions of a Georgia Statewide Contract for IBM Servers, Storage, and Related Services for the upgrade to Cobb County’s financial and human resources applications.
BACKGROUND On July 8, 2014, the Board of Commissioners authorized the purchase of hardware and software for an upgrade to Cobb County’s financial and human resources applications in an amount not to exceed $565,964.00. Some of the hardware and related software for this project are available to purchase under a Georgia Statewide contract. The estimated cost to purchase IBM servers and related software from state contract is $116,500.00. In accordance with the Policy on Contract Management approved by the Board on July 8, 1997, and amended August 12, 2003 and September 23, 2008, approval of the Board of Commissioners is required to purchase goods and services greater than $100,000.00 through contracts or price agreements with the U.S. General Services Administration, State of Georgia Department of Administrative Services, Georgia Technology Authority, or any State of Georgia agency.
FUNDING
Funding is available in the Capital Projects Fund 380 as follows:
Comm. Dist.
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Agenda Item Number. 12
Page 65 of 213
380-035-4583-8420 $116,500.00
RECOMMENDATION The Board of Commissioners authorize the purchase of servers and related software under the provisions of a Georgia Statewide Contract for IBM Servers, Storage, and Related Services for the upgrade to Cobb County’s financial and human resources applications.
Agenda Item Number. 12
Page 66 of 213
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
TO: David Hankerson, County Manager
FROM: John A. Reida, Director of Property Management Faye DiMassimo, Director of Transportation Willie A. Hopkins, Jr., Director of Support Services
This item has been electronically signed by:John A. Reida, Director Faye DiMassimo, Director Willie A. Hopkins, Jr., Director of Support Services
DATE: August 12, 2014
PURPOSE To approve a Construction Manager-at-Risk contract with YLH Construction Company, Inc., for construction of a new Customs Inspection Facility at Cobb County Airport–McCollum Field, MIS Contract No. 000760, and authorize the procurement of furnishings for the same, Project No. TR467.
BACKGROUND
On December 20, 2011, the Board of Commissioners approved a Memorandum of Agreement (MOA) with U. S. Customs and Border Protection (CBP) to provide customs inspection services at Cobb County Airport-McCollum Field. On December 20, 2012, the Board approved Lease Amendment No. 3 to the Atlanta Executive Jet Center (AEJC) South Fixed Base Operator (FBO) Lease and Operating Agreement, which required AEJC to reimburse the County for all obligations and expenses for the operation of the customs inspection services as outlined in the MOA with CBP, for a minimum of 10 years. On April 9, 2013, the Board approved Lease Amendment No. 4 to the AEJC South FBO Lease and Operating Agreement for the construction of the Customs Inspection Facility. Amendment No. 4 delegates the responsibility for project management of all phases of construction for the Customs Inspection Facility, as well as all coordination required with Federal and State agencies, to the County. AEJC is required to provide 100 percent funding for all phases of this project, to include reimbursement of all associated miscellaneous expenditures. On April 23, 2013, the Board approved a contract with Moreland Altobelli Associates, Inc., in an amount
Comm. Dist.
All
Agenda Item Number. 13
Page 67 of 213
not to exceed $45,670.00, for design services of the new Customs Inspection Facility, and approved the procurement of additional specialized professional services, in an amount not to exceed $13,000.00, as required. On August 27, 2013, the Board approved the conceptual design for the new Customs Inspection Facility and authorized the Departments to proceed with the project. On October 22, 2013, the Board authorized negotiation of a final Construction Manager-at-Risk contract with YLH Construction Company, Inc., for construction of the new Customs Inspection Facility. On June 10, 2014, the Board approved Transfer, Assignment and Consent Agreement and Estoppels of the Atlanta Executive Jet Center, LLC North and South FBO Lease and Operating Agreements to Hawthorne Global Aviation Services, LLC (Hawthorne), requiring Hawthorne to assume and perform all of the covenants, agreements, provisions, and obligations of AEJC under the current North and South FBO Leases. Hawthorne will fund 100 percent of all phases of this project, to include reimbursement of all miscellaneous expenditures. On June 18, 2014, CBP approved the plans for construction of the new Customs Inspection Facility. The Departments recommend approval of a Construction Manager-at-Risk contract with YLH Construction Company, Inc., for construction of the new Customs Inspection Facility, in an amount not to exceed $799,241.00. CBP has established standards for the required furnishings for the facility. Furniture will be purchased from various vendors in accordance with established Cobb County Purchasing policies and procedures. A budget of $35,000 is requested for furnishings. The Construction Manager-at-Risk contract with YLH Construction Company, Inc., has been reviewed by the County Attorney’s Office.
FUNDING Appropriate receipt of revenue from Hawthorne Global Aviation Services, LLC, to the Capital Projects Fund as follows:
Increase Revenue Appropriation: 380-050-4620-4918-TR467-C (Developer Contrib) $834,241.00Increase Expenditure Appropriation:380-050-4620-8125-TR467-C (Const-New Bldgs) $799,241.00
380-050-4620-8460-TR467-C (Office Furniture) $ 35,000.00
RECOMMENDATION The Board of Commissioners approve a Construction Manager-at-Risk contract with YLH Construction Company, Inc., in an amount not to exceed $799,241.00, for construction of a new Customs Inspection Facility at Cobb County Airport–McCollum Field, MIS Contract No. 000760; authorize the procurement of furnishings for the same, in an amount not to exceed $35,000, Project No. TR467; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 13
Page 68 of 213
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
TO: David Hankerson, County Manager
FROM: John A. Reida, Director of Property Management Sam Heaton, Director of Public Safety Willie A. Hopkins, Jr., Director of Support Services
This item has been electronically signed by:John A. Reida, Director Sam Heaton, Director of Public Safety Willie A. Hopkins, Jr., Director of Support Services
DATE: August 12, 2014
PURPOSE To authorize funding for renovation of vacant space located at Powder Springs Station for the relocation of Public Safety’s Internal Affairs Department.
BACKGROUND
On April 14, 2014, the Public Safety Director requested a layout and budget to relocate the Internal Affairs Department from the Cobb County Building and centralize the multiple divisions currently spread throughout the county. A 4,365 foot area located at Powder Springs Station was designated to satisfy this request. This renovation will consolidate the Internal Affairs Department and provide a location better suited for the operations. Construction will be completed in-house by the Property Management renovation team, inmates, and sub-contractors, as necessary. The project budget includes a "not to exceed" budget of $100,000.00 for furniture and equipment. Purchases will include the following: - $60,000.00 for 18 modular work stations with seating - $21,000.00 for furnishing of four offices with loose furniture - $5,000.00 for break room furniture and equipment - $3,000.00 for lobby furniture - $6,000.00 for three interview rooms' furniture - $5,000.00 for file and storage equipment
Comm. Dist.
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Agenda Item Number. 14
Page 69 of 213
Renovation: $270,000.00 Furniture and Equipment Budget: $100,000.00 Total Project Budget: $370,000.00
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: 010-014-0140-4980 (GF Fund Balance Appr.) $370,000.00Increase Expenditure:010-014-0140-6594 (Transfers Out) $370,000.00 Increase Revenue 380-450-TBD-4960 (Project Transfers In) $370,000.00Increase Expenditure:380-450-TBD-8110 (Building Renovations) $270,000.00Increase Expenditure:380-450-TBD-8460 (Office Furniture) $100,000.00
RECOMMENDATION The Board of Commissioners authorize funding, in an amount not to exceed $370,000.00, for renovation of vacant space located at Powder Springs Station, 1150 Powder Springs Street, Suite 300, for the relocation of Public Safety’s Internal Affairs Department; and further authorize the corresponding budget transactions.
Agenda Item Number. 14
Page 70 of 213
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
TO: David Hankerson, County Manager
FROM: 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: August 12, 2014
PURPOSE To ratify previous authorization by the County Manager for payment to Georgia Master Plumbing for emergency sanitary sewer repairs, and approve a contract with Hearing Plumbing for relocation of the sanitary sewer line at the Smyrna Health Facility.
BACKGROUND We have been experiencing serious drainage issues with the sanitary sewer that serves the Smyrna Health Facility located at 3830 South Cobb Drive in Smyrna. The Health Department and Community Service Board occupy the facility. The sewer is made of a clay-like terracotta material which has reached its useful life evidenced by several collapsed areas and infiltration at joints by tree roots. Repair/replacements have been made in the past and the most recent emergency repair approved by the County Manager uncovered multiple failed areas that have been repaired by Georgia Master Plumbing at a cost of $16,905.00. The City of Smyrna Water Department continues to pressure water jet the line as needed to keep the line in use but at any time the line could collapse and fail again.
The long term solution involves rerouting the sanitary sewer to a new tap closer to the building and is recommended by the City of Smyrna. We recommend this replacement which will be performed with current code compliant materials.
Property Management received quotes from three qualified plumbing contractors for the new sewer line and tap as follows:
Hearing Plumbing $29,050.00
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Agenda Item Number. 15
Page 71 of 213
Property Management recommends that the low bidder, Hearing Plumbing, be awarded the contract.
Casey Plumbing $33,700.00Georgia Master Plumbing $35,000.00
Emergency Repair Work $16,905.00Relocation Contract Amount $29,050.00Total Project Amount $45,955.00
FUNDING Funding is available in the Property Management operating budget.
RECOMMENDATION The Board of Commissioners ratify previous authorization by the County Manager for payment to Georgia Master Plumbing, in the amount of $16,905.00, for emergency sanitary sewer repairs; and approve a contract with Hearing Plumbing, in the amount of $29,050.00, for relocation of the sanitary sewer line at the Smyrna Health Facility, located at 3830 South Cobb Drive, Smyrna.
Agenda Item Number. 15
Page 72 of 213
Cobb County Police Department John R. Houser, Police Chief
140 North Marietta Parkway Marietta, Georgia 30060-1454
TO: David Hankerson, County Manager
FROM: John R. Houser, Police Chief
This item has been electronically signed by:John R. Houser, Police Chief Sam Heaton, Director of Public Safety
DATE: August 12, 2014
PURPOSE To authorize the Cobb County Police Department to amend the public auction process for forfeited firearms as required under Georgia Law to also include the option to use an electronic online auction by a Licensed Federal Firearms Dealer.
BACKGROUND On March 25, 2014, the Board of Commissioners (BOC) approved a public auction process for the Cobb County Police Department (CCPD) to dispose of forfeited firearms as required by O.C.G.A. § 17-5-52.1. Pursuant to that approved process, the CCPD held the first public auction of forfeited firearms on April 26, 2014, at the Cobb Emergency Operations Center. The CCPD now requests BOC approval to amend the CCPD’s public auction process to include the option to dispose of forfeited firearms through an electronic online auction by a Licensed Federal Firearms Dealer. This electronic online auction method complies with O.C. G. A. § 17-5-52.1. An electronic online auction will increase the exposure to authorized purchasers for the forfeited firearms and potentially increase revenues.
FUNDING Funds from any electronic online public auction will be appropriated as previously approved by the BOC per the March 25, 2014 agenda item.
RECOMMENDATION The Board of Commissioners authorize the Cobb County Police Department to amend the public auction process for forfeited firearms to include the option to use an electronic online auction by a Licensed Federal Firearms Dealer; authorize future electronic online public firearm auctions as required by O.C.G.A. 17-5-52.1; and further authorize the Police Chief or his designee to transfer the firearms to winning bidders at the conclusion of all auctions.
Comm. Dist. All
Agenda Item Number. 16
Page 73 of 213
Cobb County Fire & Emergency Services Randy Crider, Fire Chief
1595 County Services Pkwy Marietta, Georgia 30008-4021
TO: David Hankerson, County Manager
FROM: Randy Crider, Fire Chief
This item has been electronically signed by:Randy Crider, Fire Chief Sam Heaton, Director of Public Safety
DATE: August 12, 2014
PURPOSE To approve an Agreement of Mutual Aid with the City of Atlanta, for fire, emergency, rescue, and support services.
BACKGROUND On May 28, 2014, a resolution was executed by the Public Safety and Legal Administration Committee and the Mayor of Atlanta to enter into agreements between Atlanta Fire Rescue Department and Fire Departments with local cities of College Park, East Point, Forest Park, Hapeville, and Sandy Springs and counties of Clayton, Cobb, DeKalb, and Fulton to provide mutual aid and protection in local emergencies disasters.
The City of Atlanta and Cobb County have contiguous boundaries and each maintain staff for fire suppression, protection, prevention, rescue, technical, hazardous materials, and support services. It has been determined that it is mutually advantageous to establish protocol for such services in the event of fire or local emergency; including but not limited to, disasters or joint training exercises.
The City of Atlanta and Cobb County will furnish resources, facilities, or services in accordance to mutual aid plans including Georgia Emergency Operations Plan, Emergency Management Assistance Compact, Local Emergency Operational Plan, and the Georgia Mutual Aid State Fire and Rescue Response Plan.
The Cobb County Fire Chief or designee will act on behalf of the Cobb County Fire and Emergency Services (CCFES) relating to activities and functions of the Agreement. The CCFES will not be liable for any action or failure to act as party to the Agreement.
Comm. Dist. All
Agenda Item Number. 17
Page 74 of 213
FUNDING N/A
RECOMMENDATION The Cobb County Board of Commissioners approve an Agreement of Mutual Aid with the City of Atlanta, for fire, emergency, rescue, and support services; and further authorize the Chairman to execute the necessary documents. ATTACHMENT Agreement of Mutual Aid with the City of Atlanta to be provided under separate cover
Agenda Item Number. 17
Page 75 of 213
Cobb County Fire & Emergency Services Randy Crider, Fire Chief
1595 County Services Pkwy Marietta, Georgia 30008-4021
TO: David Hankerson, County Manager
FROM: Sam D. Heaton, Public Safety Director Randy Crider, Fire Chief
This item has been electronically signed by:Randy Crider, Fire Chief Sam Heaton, Director of Public Safety
DATE: August 12, 2014
PURPOSE To authorize the purchase of a replacement Rescue Boat and Transport Trailer.
BACKGROUND The Cobb County Fire & Emergency Services (CCFES) Technical Rescue Team (TRT) responds to water rescues in the area of the Chattahoochee River, Lake Allatoona, and any other body of water within Cobb County. In June 2014, the TRT’s primary rescue boat (Boat 4) was damaged beyond repair in an accident. The Team is currently using their non-motorized inflatable boat, which has limited their water rescue capabilities.
CCFES is requesting to purchase a replacement for the damaged rescue boat. The replacement boat would be equipped with a rigid aluminum hull that is designed for shallow water operations. This boat would be equipped with an inboard Mercury 200 horsepower jet-drive engine protected by a tunnel-hull design, a reinforced bottom, four (4) high-intensity LED scene lights, and a center console-operated design. The total cost of the replacement rescue boat, including a transport trailer and delivery fee, is approximately $62,000.00. This craft will meet all the rescue requirements of the CCFES TRT, as well as providing support for law enforcement activities on the water.
FUNDING
Funding is available in the Fire Fund's Fund Balance with the following:
Increase revenue: 230-130-1000-4980(Fund Balance-Des. Appropriation) $62,000.00
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Agenda Item Number. 18
Page 76 of 213
Increase expenditure:
230-130-1000-8490 (Other Machinery & Equipment) $62,000.00
RECOMMENDATION The Board of Commissioners authorize Cobb County Fire and Emergency Services to purchase a replacement Rescue Boat and Transport Trailer, in an amount not to exceed $62,000.00, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 18
Page 77 of 213
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To approve a special festival permit for Riverside EpiCenter for the South Cobb BBQ and Blues Fest to be held October 10-11, 2014, subject to the attached informational package and subject to Community Development's approval of a plan.
BACKGROUND The Riverside EpiCenter is seeking to host the South Cobb BBQ and Blues Fest, which will benefit Amateur Advocate Association, Inc. The event will showcase some of the nation’s finest barbeque chefs, as well as providing community members a chance to compete in a cooking contest. The event will also provide music and entertainment in a pedestrian friendly, controlled environment as designated on a plan to be approved by the Community Development Agency. The plan to be approved by Community Development will include a number of agreed upon stipulations per the attached information. The non-profit charitable organization will apply for a temporary beer and wine alcohol license from Cobb County and the State of Georgia. Staff has recommended and the Board of Commissioners has authorized similar special festival permits in other areas of the county, on a case by case basis.
FUNDING
N/A
Comm. Dist. 4
Agenda Item Number. 19
Page 78 of 213
RECOMMENDATION The Board of Commissioners approve a special festival permit to Riverside EpiCenter for the South Cobb BBQ and Blues Fest to be held October 10-11, 2014, subject to the attached informational package and subject to Community Development's approval of a plan.
Agenda Item Number. 19
Page 79 of 213
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To authorize acceptance of a scholarship from the Georgia Department of Natural Resources, Historic Preservation Division to send a staff member to the National Historic Preservation Conference in Savannah, GA.
BACKGROUND
On July 22, 2014, the Board of Commissioners authorized the Community Development Agency to request a scholarship from the Georgia Department of Natural Resources, Historic Preservation Division for a staff member to attend the 2014 National Preservation Conference in Savannah, GA. The National Preservation Conference is scheduled for November 11-14, 2014 in Savannah, Georgia. The conference is sponsored by the National Trust for Historic Preservation in collaboration with The Savannah College of Art and Design (SCAD) and the Historic Savannah Foundation. The conference is an excellent opportunity to learn about preservation success stories and to stay current with preservation related issues. The scholarship is available only to one Certified Local Government (CLG) historic preservation commission member or staff member. Cobb County is a CLG in good standing and is eligible for the scholarship. The scholarship is for $1,000 and does require a local match. The scholarship can be used to cover the cost of registration, as well as part of the other travel costs including mileage, hotel and food. On July 24, 2014, Cobb County was informed that we had the scholarship. Our intention is to send the Historic Preservation Planner to the National Preservation Conference to assist in continuing education of staff.
Comm. Dist.
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Agenda Item Number. 20
Page 80 of 213
IMPACT STATEMENT The Historic Preservation Division does require a minimum of a 40% match as part of the scholarship requirements. Funding is available in the FY14 budget and FY15 recommended budget for Community Development to provide the required matching funds. Cobb County will be reimbursed 60% of the total cost for this employee education opportunity.
FUNDING Funding is available from the FY14 and anticipated FY15 Community Development budgets to cover expenses for the scholarship and the local match.
RECOMMENDATION The Board of Commissioners authorize acceptance of a scholarship in the amount of $1,000 from the Georgia Department of Natural Resources, Historic Preservation Division to send a staff member to the National Historic Preservation Conference in Savannah, GA; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 20
Page 81 of 213
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding a proposed Island Annexation on 0.4 acres of land; known as 6095 Mulberry Street in the City of Austell.
BACKGROUND On July 27, 2004, the Board of Commissioners entered into intergovernmental agreements with each of Cobb’s 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 annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding a proposed Island Annexation on 0.4 acres of Land; Lot 142, District 18th, 2nd Section, Known as 6059 Mulberry Street in the City of Austell.
ATTACHMENTSBOC Response to the City of Austell
Comm. Dist. 3
Agenda Item Number. 21
Page 82 of 213
Page 83 of 213
Page 84 of 213
Page 85 of 213
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 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 Julian Pineda doing business as, Bandido Wings, 371 Pat Mell Rd., Suite 137, Marietta, GA, 30060, Julian Pineda, 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 June 26, 2014 the application for the Cobb County beer and Sunday sales pouring license for Julian Pineda, doing business as Bandido Wings, was originally denied by the Business License Division Manager. The location of Julian Pineda, doing business as Bandido Wings, 371 Pat Mell Rd., Suite 137, Marietta, GA, 30060, does not meet the distance requirement to the property line of several residences. The appeal of Julian Pineda, doing business as Bandido Wings, was heard before the License Review Board on July 24, 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 beer and Sunday sales pouring license for Julian Pineda, doing business as Bandido Wings.
FUNDING
N/A
Comm. Dist.
4
Agenda Item Number. 22
Page 86 of 213
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 July 24, 2014 for Julian Pineda, doing business as Bandido Wings, to approve the beer and Sunday sales pouring license.
ATTACHMENTSSummary of July 24, 2014 Appeal hearing
License Review Board Questionnaire
Survey
Agenda Item Number. 22
Page 87 of 213
Summary of Appeal Hearing before the Cobb County License Review Board for Julian Pineda doing business as, Bandido Wings, located at 371 Pat Mell Rd., Suite 137, Marietta, GA 30060, Julian Pineda, licensee. On July 24, 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. Sandra Richardson, Business License Division Manager, explained that the application was denied based on Section 6-124 of the Cobb County Code of Ordinances. Ms. Richardson stated that according to the survey submitted with the application the entrance of the proposed location of Bandido Wings is within three-hundred feet of several residences. Mr. Pineda stated that this location was formerly a billiards room and a grocery store. Mr. Pineda stated that he has put a lot of time and money into renovating the space. Mr. Pineda stated that he has experience in the restaurant industry and has never had any violations. Mr. Pineda stated that Bandido Wings will be open from 11:00a.m. to 11:00p.m seven days a week and they will only serve beer. Mr. Pineda pointed out that there is no bar in the restaurant and all beer will be sold from the counter. Mr. Pineda stated that there will be no live entertainment at the establishment, only a jukebox. Mr. Pineda stated that the restaurant will serve American food such as fried rice, wings, burgers, and cheese steaks. Mr. Pineda stated that he attended the RASS workshop and his policy is to check the identification of everyone who orders beer. After considering all evidence and testimony presented and the online questionnaire, and pursuant to a motion by Eddie Canon and a second by Larry Walker, the License Review Board recommended approval of the beer and Sunday sales pouring license for Julian Pineda, doing business as Bandido Wings. The License Review Board voted 3-0 in favor of this motion. Milton Beck and Jim Pehrson were not present for the meeting.
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270 FEET (PROPERTY LINE)
RESIDENCE
1. What was the distance in feet that caused denial of the alcohol license?
2. Was it to a church, school, park, library, residence, or liquor store?
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?
4. Is there opposition to the application and if so what is their opposition and have you spoken to the oppositon?
5. Have you owned or worked in an establishment that sold/served alcoholic beverages?
YES THERE IS A CONVENIENCE STORE SUITE 169 THAT SELLS BEER I AM SUITE 137
NOT TO MY KNOWLEDGE
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
License Number: ALC000890 Licensee: JULIAN PINEDA
Cobb County License Review BoardFACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY
ALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCE RESTRICTION
QUESTIONS FOR THE LICENSEE
COBB COUNTYCOMMUNITY DEVELOPMENT AGENCYP.O. Box 649Marietta, Georgia 30061-0649phone: (770) 528-8410Email: BLRenewal@cobbcounty.org
Sandra S. RichardsonBusiness License
Division Manager
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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?
WING AND FRIED RICE RESTAURANT
12. What type of training do you have in place for your employees?
13. What is your policy on when to check ID prior to the sale of alcohol?
WE WIL TRAIN ON WHAT GOVT IDS SHOULD LOOK LIKE AND HOW TO MAKE SURE THEY ARE THE CORRECT ISSUED GOVT IDS.WE WILL ALSO TEACH OUR EMPLOYEES TO ID EVERYONE
THAT THEY ARE TO ID EVERYBODY TO AVOID ANY TYPE OF CONFUSION AS TO WHO CAN AND CANT DRINK
14. When ID is requested, what are your employees trained to look for?
MAKE SURE PICTURES MATCH, THAT THE ID IS GOVT ISSUED, THAT ITS NOT EXPIRED AND CHECK BIRTHDAY
15. What written policies and procedures are in place for the establishment?
THAT EVERYBODY BE CARDED AND TO KEEP MONITORING PATRONS CONSUMPTION OF ALCOHOL
16. Were the written policies provided with the application?
Yes
17. What type of menu does the establishment have?
WINGS. FRIED RICE, AND AMERICAN FOOD LIKE BURGERS AND SANDWICHES
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?
70 percent
20. What percentage of the store’s total sales, where your application is seeking a package license, is from alcohol sales?
30 percent
21. What are the hours of operation of the business?
11AM TO 11PM MON -SUN
22. Are there cameras in the establishment?
No
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23. How many cameras?
NA
24. How often are they reviewed?
NA
25. Why are they reviewed?
NA
26. How long is the video maintained?
NA
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.
WE WILL PROPERLY TRAIN OUR STAFF AS WELL AS EXPLAIN THE CONSEQUENCES OF NOT FOLLOWING THE STATE LAWS AND ORDINANCES. WE WILL NOT BE LENIENT IN THIS MATTER
31. Why should the LRB grant the alcohol license?
I BELIEVE THAT WITH THE TYPE OF BUSINESS I WILL BE OPERATING THAT THE SALE OF ALCOHOL WOULD GREATLY INCREASE THE TRAFFIC OF GUEST AND CUSTOMERS IN MY RESTAURANT.
WELL THE EVIDENCE I CAN PROVIDE IS THAT I HAVE BEEN WORKING AND RUNNING BUSINESSES IN SMYRNA AND COBB THAT HAVE SOLD ALCOHOL AND I HAVE NEVER HAD ANY TYPE OF PROBLEM MAKING SURE ME AND MY EMPLOYEES FOLLOW THE STATE LAWS AND ORDINANCES
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?
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?
WELL THE EVIDENCE I CAN PROVIDE IS THAT I HAVE BEEN WORKING AND RUNNING BUSINESSES IN SMYRNA AND COBB THAT HAVE SOLD ALCOHOL AND I HAVE NEVER HAD ANY TYPE OF PROBLEM MAKING SURE ME AND MY EMPLOYEES FOLLOW THE STATE LAWS AND ORDINANCES
33. Do you take responsibility for the actions of your employees and any violations that the employees may commit?
YES I DO
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34. Are there any consequences to the employee for violations of State law or county ordinances?
Yes
35. What are the consequences?
IF LAWS ARE BROKEN WE WILL BE FORCED TO TERMINATE THERE EMPLOYMENT WITH BANDIDO WINGS.
36. How many employees will the establishment have?
4-5
37. How often will they be retrained?
WE WILL HAVE WEEKLY MEETINGS TO REFRESH ALL PROCEDURES
38. Will you implement a secret shopper program?
Yes
39. What consequences will there be if an employee fails to comply with procedures?
IF WE FEEL THEY BROKE THE LAW WE WILL POSSIBLY TERMINATE.
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?
No
42. Does the cash register or point of sale system track alcohol sales?
NA
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
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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?
No
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Page 94 of 213
Page 95 of 213
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
TO: David Hankerson, County Manager
FROM: Michael H.S. Hughes, AICP, Division Manager
This item has been electronically signed by:Michael H.S. Hughes, AICP, Director
DATE: August 12, 2014
PURPOSE To approve an Amendment to the current Agreement with CobbWorks, Inc.
BACKGROUND On June 10, 2014, the Board of Commissioners approved an Agreement with CobbWorks to operate and administer the Workforce Investment Act (WIA) programs. This contract is in effect from July 1, 2014 to June 30, 2015. The Georgia Office of Economic Development, Workforce Division, which is the new state agency administering WIA funds, is now requiring that all sub-recipient agreements include the Catalog of Federal Domestic Assistance (CFDA) grant numbers within the agreement. Exhibit G has been prepared to meet this state requirement.
FUNDING N/A
RECOMMENDATION The Board of Commissioners approve an Amendment to the current Agreement with CobbWorks, Inc. to include the attached Exhibit G and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSExhibit G
Comm. Dist.
All
Agenda Item Number. 23
Page 96 of 213
Exhibit G
Amendment to Agreement entered into on July 1, 2014
Between Cobb County Board of Commissioners and CobbWorks
It is a requirement of the Georgia Department of Economic Development, Workforce Division, that all
recipients and sub-recipients of Workforce Investment Act (WIA) funds are aware of and use the
appropriate Catalog of Federal Domestic Assistance (CFDA) numbers when referencing grants, budgets
and financial expenditures. This requirement applies to all recipients and sub-recipients of WIA funds.
The applicable U.S. Department of Labor’s CFDA numbers to be used are
CFDA# 17.258 WIA Adult Program
CFDA# 17.259 WIA Youth Activities
CFDA# 17.278 WIA Dislocated Workers
CFDA# 17.277 National Emergency Grants
This Exhibit is in effect for the period July 1, 2014 to June 30, 2015.
Cobb County
__________________________ ___________________________
Signature Date
Chairman,
Timothy D. Lee Cobb County Board of Commissioners
Typed Name Title or Capacity
CobbWorks Region 3 Administrative Entity
Signature Date
John Helton_______________________ President and CEO
Typed Name Title or Capacity
Page 97 of 213
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
TO: David Hankerson, County Manager
FROM: Michael H.S. Hughes, AICP, Director
This item has been electronically signed by:Michael H.S. Hughes, AICP, Director
DATE: August 12, 2014
PURPOSE To approve an Amendment to the current Grant Administration Agreement with W. Frank Newton, Inc. for the provision of administrative services for Cobb County’s grant programs received from the U.S. Department of Housing and Urban Development (HUD) and other federal and state sources to extend the term of the Agreement and establish a fee schedule.
BACKGROUND
On October 11, 2011, the Board of Commissioners approved a grant administration agreement with WFN for the period of January 1, 2012 to September 30, 2013 for the administration of HUD and other federal and state grant programs. The agreement also allows for two (2) additional one (1) year extensions. The County exercised this option for the term from 2013 to 2014.The period for October 1, 2014 to September 30, 2015 is the second and final year for extensions under the current Agreement. The contract for provision of administrative services will need to be advertised and re-bid for 2015-2016. Administrative services are provided for the following grant programs: Community Development Block Grant (CDBG), HOME investment Partnerships Act Grant (HOME), Emergency Solutions Grant (ESG), Community Services Block Grant (CSBG), Justice Assistance Grant (JAG), Emergency Food and Shelter Program -Federal Emergency Management Agency (EFSP), Neighborhood Stabilization Program 1 (NSP1) and Neighborhood Stabilization Program 3 (NSP3). Administrative services for other grant programs may be added or deleted based on approval by the Board of Commissioners. The current contract for the period October 1, 2013-September 30, 2014 totals $1,364,294.00. The proposed contract for October 1, 2014 to September 30, 2015 is $1,194,614.00 in administrative charges which is a decrease of $169,680.00 The contract fees for the extended term are set forth below and are the fees proposed by WFN, Inc. The contract fees are as follows:
Comm. Dist.
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Agenda Item Number. 24
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PY 2015 (October 1, 2014-September 30, 2015) $1,194,614.00
The County will reserve the right to review and adjust administrative costs as appropriate.
Program TitleProgram Year
2014 (12 months) Program Year 2015
(12 months) Contract
Difference
CDBG Community Development Block Grant $ 696,480.00 $ 696,480.00 $ 0.00
HOME HOME Investment Partnerships Act Grants $ 171,090.00 $ 102,000.00 ($ 69,090.00)
ESG Emergency Solutions Grants $ 13,584.00 $ 16,084.00 $ 2,500.00
CSBG Community Services Block Grants $ 45,000.00 $ 45,000.00 $ 0.00
JAG Justice Assistance Grant $ 12,410.00 $ 10,000.00 ($ 2,410.00)
EFSPEmergency Food and Shelter Program (Federal Emergency Management Agency) $ 6,500.00 $ 6,500.00 $ 0.00
NSP1 Neighborhood Stabilization Program 1 $ 250,680.00 $ 150,000.00 ($100,680.00)
NSP 3 Neighborhood Stabilization Program 3 $ 168,550.00 $ 168,550.00 $ 0.00
Total of All Grants $1,364,294.00 $1,194,614.00 ($169,680.00)
CDBG No change in the contract amount from 2014.
HOME Proposed contract decrease of $69,090.00 based on significant HUD grant reduction and dissolution of the Georgia Urban County Consortia.
ESG Proposed contract increase of $2,500.00 due to HUD programmatic changes that require additional environmental review assessment for Continuum of Care Subrecipients.
CSBG No change in the contract amount from 2014.
JAG Proposed contract decrease of $2,410.00 based on Department of Justice grant reduction.
EFSP No change in the contract amount from 2014.
NSP1 Proposed contract decrease of $100,680.00 due to limited amount of remaining grant funds.
NSP3 No change in the contract amount from 2014.
FUNDING The contract fees for administration of HUD and other federal and state grant programs are paid entirely with grant funds. No monies from the County’s general fund are used. The addition or deletion of grant funds/programs received by the County may result in changes to contract fees to include the possible termination of the grant agreement in the event HUD grant funding is no longer provided. Funding for administrative fees will be included in each of the budgets for the various grant programs being administered.
RECOMMENDATION The Board of Commissioners approve an Amendment to the current Grant Administration Agreement with W. Frank Newton, Inc. for the provision of administrative services for HUD and other federal and state grant programs that will exercise the second one-year option period and extend the term of the Agreement through September 30, 2015; establish fees for scope of the extended term; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 24
Page 99 of 213
ATTACHMENTSAmendment to WFN Agreement
Agenda Item Number. 24
Page 100 of 213
1
STATE OF GEORGIA
COUNTY OF COBB
THIRD AMENDMENT TO GRANT ADMINISTRATION AGREEMENT
This Third Amendment to Grant Administration Agreement (“Amendment”) is entered
into this _____ day of ___________________, 2014, by and between Cobb County, Georgia, a
political subdivision of the State of Georgia (“County”), and W. Frank Newton, Inc. (“WFN”), a
corporation authorized to do business in the state of Georgia, hereinafter sometimes referred to
individually as a “Party” or together as the “Parties”.
WITNESSETH
WHEREAS, the County and WFN entered into a 21-month Grant Administration
Agreement (the “Agreement”) effective January 1, 2011, whereby WFN would provide
administrative services for United States Department of Housing and Urban Administration
(HUD) grants and other federal and state grants; and
WHEREAS, the current term of the Agreement will expire on September 30, 2014; and
WHEREAS, the County and WFN desire to amend the Agreement on the conditions as
set forth in this Amendment.
NOW THERFORE, for and in consideration of the obligations and benefits flowing from
and to each Party, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows:
1.
All provisions or terms of the Agreement shall remain in full force and effect except as
specifically modified herein. Should there be a conflict between a provision or term contained in
this Amendment and a provision or term contained in the Agreement, the provision contained in
this Amendment shall control.
2.
This Amendment shall be effective for a contract performance period beginning October
1, 2014 through September 30, 2015.
3.
Paragraph 3. Performance Period. Shall be amended by deleting the first sentence in
its entirety and replacing it with the following language:
“Section 3. Performance Period. The term of this Agreement shall be from the initial
effective date of January 1, 2012 and conclude on September 30, 2015, unless earlier terminated
pursuant to the provisions of the Agreement.
Section 3. Performance Period. Shall be amended by deleting the sentence “The County
shall have the option to extend the Agreement for one additional one-year option term.”
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2
4.
Exhibit 1, Fixed Price Compensation, shall be amended by deleting the existing Exhibit
1 in its entirety and replacing it with a new Exhibit 1 which new Exhibit 1 is attached hereto and
made a part hereof as if fully set forth.
5.
This Amendment may be executed in counterparts and each counterpart shall constitute
an original and taken together shall constitute but one document.
The Parties, by execution of their signatures below, affirm their understanding of and
agreement with the terms of this amendment.
IN WITNESS WHEREOF, the County hereby executes this extension the _____ day of
____________________, 2014.
COBB COUNTY, GEORGIA
Timothy D. Lee, Chairman
Cobb County Board of Commissioners
ATTEST:
Approved as to Form
County Clerk
Sworn to and subscribed before me
this ____ day of _________________, 2014.
_________________________________
Notary Public
IN WITNESS WHEREOF, W. Frank Newton, Inc. hereby executes this extension the _____ day
of ____________________, 2014.
W. FRANK NEWTON, INC.
By:
Title:
Date:
Corporate Seal
Sworn to and subscribed before me
this ____ day of _________________, 2014.
_________________________________
Notary Public
Page 102 of 213
3
Exhibit 1
FIXED PRICE COMPENSATION
Fixed Price Compensation: The fixed price compensation for the respective program services to be rendered by the CONTRACTOR for Program Year 2015 (October 1, 2014-September 30, 2015) are as follows:
Program Title Program Year 2014 (12 months)
Program Year 2015 (12 months)
Contract Difference
CDBG Community Development Block Grants $696,480 $696,480 $ -
HOME HOME Investment Partnerships Act Grants $171,090 $102,000 ($69,090.00)
ESG Emergency Solutions Grants $13,584 $16,084 $2,500.00
CSBG Community Services Block Grants $45,000 $45,000 $ -
JAG Justice Assistance Grant $12,410 $10,000 ($2,410.00)
EFSP
Emergency Food & Shelter Program [Federal Emergency Mgmt. Agency] $6,500 $6,500 $ -
NSP1 Neighborhood Stabilization Program 1 $250,680 $150,000 ($100,680.00)
NSP3 Neighborhood Stabilization Program 3 $168,550 $168,550 $ -
TOTAL All Grants Cost $1,364,294 $1,194,614 ($169,680.00)
All fees must meet eligibility caps for program administration as specified by the corresponding
grant program.
The COUNTY reserves the right to review the compensation to be paid to the CONTRACTOR
and CONTRACTOR, at the request of the COUNTY, agrees to negotiate in good faith the cost
of its services.
FIXED PRICE COMPENSATION AND METHOD OF PAYMENT
II. Method of Payment: The following method of payment outlines a mutually agreed upon
approach for timely fixed price compensation payments to the CONTRACTOR by the
COUNTY.
The CONTRACTOR and the COUNTY Finance Department will arrange a monthly
payment schedule for fixed price compensation. Fixed price compensation payments for all
programs except ESG and FEMA shall be invoiced in equal fixed amounts, separately for
each program, on a monthly basis. ESG fixed price compensation shall be invoiced once,
Page 103 of 213
4
annually, after all ESG and FEMA administrative services have been provided. Subject to
COBB COUNTY's right to verify the accuracy of the invoice(s) and the satisfactory
performance of the services being invoiced, the COUNTY will make fixed price
compensation payments to the CONTRACTOR as soon as practicable.
The CONTRACTOR shall submit separate invoices for fixed price compensation for each
program. With the exception of ESG and FEMA fixed price compensation, each fixed price
compensation invoice submitted shall be sequentially numbered and be equal in amount so as
to equate to 1/12 of the total annual amount of the fixed price compensation due for the
respective program for the respective year of this CONTRACT.
Page 104 of 213
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
TO: David Hankerson, County Manager
FROM: Kimberly Roberts, Director
This item has been electronically signed by:Kimberly Roberts, Director Michael H.S. Hughes, AICP, Director
DATE: August 12, 2014
PURPOSE To amend the Program Year 2012 and 2013 Annual Action Plans to reallocate Community Development Block Grant funds from the Extension Parking Lot Replacement Project and the Extension Energy Efficient Project to the Extension Rehabilitation Project.
BACKGROUND The CDBG Program Office proposes to reallocate a total of $10,053.00 in unexpended Community Development Block Grant (CDBG) funds currently allocated to the Extension for the Parking Lot Replacement Project ($7,460.00) and for the Energy Efficient Improvements Project to the Rehabilitation Project for the Extension ($2,593.00). The Extension has completed the Parking Lot Replacement project and the Energy Efficiency project and has requested to reallocate the remaining funds to be used to rehabilitate three restrooms in the facility. This amendment is classified as substantial and warrants a public review meeting and comment period. A public notice was published on Friday, June 27, 2014 commencing the public comment period. A public review meeting was held on Wednesday, July 9, 2014. The public comment period ended on Monday, July 28, 2014. No public comments were received.
IMPACT STATEMENT
Community Development Block Grant funds have been provided to Cobb County by the U.S. Department of Housing and Urban Development (HUD) and the reallocation of these funds is permissible under HUD
Comm. Dist.
All
Agenda Item Number. 25
Page 105 of 213
guidelines. All citizen participation guidelines have been met via public notice and public review meeting. The amount of this reallocation of funds constitutes a substantial amendment. There will be no impact to the General Fund.
FUNDING The following budget appropriations account for the transfer of CDBG funds allocated for the Extension Parking Lot Replacement and the Energy Efficient Projects to the Rehabilitation Project:
Transfer from: 285-390-CD12-C12BE-F-6574 Extension Parking Lot Replacement Project$7,460.00
Transfer to: 285-390-CD12-C12BM-F-6574 Extension Men’s Facility Rehabilitation Project
$7,460.00
Transfer from: 285-390-CD12-C12BF-F-6574 Extension Energy Efficiency Improvements$2,593.00
Transfer to: 285-390-CD12-C12BM-F-6574Extension Men’s Facility Rehabilitation Project
$2,593.00
RECOMMENDATION The Board of Commissioners amend Program Year 2012 and 2013 Annual Action Plan to reallocate Community Development Block Grant funds from the Extension Parking Lot Replacement Project and the Energy Efficient Improvements to the Extension Rehabilitation Project, in the amount of $10,053.00; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 25
Page 106 of 213
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
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: August 12, 2014
PURPOSE To authorize all budget transactions necessary for the final close-out of the FY 2014 budgets of the General Fund, the other operating funds, and the 800 MHz Radio Capital Fund.
BACKGROUND As in prior-years, various departments will require additional funding or the reallocation of existing funding to complete the 2014 fiscal year. The county financial system controls do not permit deficit spending at the department-category level, therefore all potential deficits or shortages require fund and/or departmental budget adjustments to prevent year-end deficits. Year-end savings will be transferred as necessary to prevent year-end deficits. These transfers may include those in or out of personal services, operating, debt service, capital and contingency categories. In addition, revenue budgets may be increased or decreased to match actual receipts and as necessary, to prevent expenditure deficits. As a last resort, fund balances may be appropriated into 2014 to cover any remaining potential deficits. The County Manager will review and approve these budget transactions that allow the final year-end expenditure transactions to post properly in the financial system for 2014 year-end close-out. A summary of these transactions will be brought before the Board of Commissioners for final approval at a later date.
FUNDING
As necessary for the FY 2014 year-end close-out of the General Fund, the other operating funds and the 800 MHz Radio Capital Fund: Increase/Decrease Revenue Appropriations to match actual receipts. Increase/Decrease Expenditure Appropriations to match actual expenditures.
Comm. Dist.
All
Agenda Item Number. 26
Page 107 of 213
Increase Fund Balance/Retained Earnings Appropriations to prevent deficits.
RECOMMENDATION The Board of Commissioners authorize all budget transactions necessary for the final close-out of the FY 2014 budgets of the General Fund, the other operating funds, and the 800 MHz Radio Capital Fund, and direct the County Manager to review and bring these transactions before the Board of Commissioners for final approval at a later date.
Agenda Item Number. 26
Page 108 of 213
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
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: August 12, 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.
ATTACHMENTSResolution
Comm. Dist.
All
Agenda Item Number. 27
Page 109 of 213
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 12th of August 2014
Page 110 of 213
Juvenile Court of Cobb County Michele Marchant-Wellmon, Director
1738 County Services Parkway, S.W. Marietta, Georgia 30008-4028 ((770) 528-2290 / fax: (770) 528-2214
TO: David Hankerson, County Manager
FROM: Michele Marchant-Wellmon, Director
This item has been electronically signed by:Michele Marchant-Wellmon, Director
DATE: August 12, 2014
PURPOSE To authorize the acceptance of grant funds from Georgia Court Appointed Special Advocates, Inc. for the Juvenile Court’s Court Appointed Special Advocates program.
BACKGROUND In 1994, the Board of Commissioners accepted a grant from Georgia Court Appointed Special Advocates, Inc. Since that time, this grant has been offered to Cobb County on an annual basis. The grant provides partial funding for the CASA staff salaries who recruits, screens, trains and supervises the Court Appointed Special Advocate (CASA) volunteers. CASAs are trained, community volunteers appointed by the Judge to promote the best interest of an abused, neglected, and/or deprived child involved in a juvenile court proceeding. There are 49 active volunteers currently overseeing cases involving 133 children.
IMPACT STATEMENT
The grant period is from July 1, 2014 to June 30, 2015. The grant will fund a portion of the estimated FY 14 CASA program costs. The FY 14 proposed CASA program budget is $159,873.16. The FY 15 CASA grant covers $51,335.16 leaving $108,538.00 local share for FY 15. The local share is currently being requested in the FY 15 proposed budget. We are not requesting an increase in our FY15 local share request.
Comm. Dist.
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Agenda Item Number. 28
Page 111 of 213
FUNDING The funding will be appropriated in the Grant Fund as follows:
Increase revenue: 270-190-G583-4508 (GA CASA Grant) $51,335.16
Increase expenditure: 270-190-G583-6012 (Salaries) $51,335.16
RECOMMENDATION The Board of Commissioners authorize the acceptance of grant funds from Georgia Court Appointed Special Advocates, Inc., in the amount of $51,335.16, for the grant period July 1, 2014 to June 30, 2015, and further authorize the corresponding budget transactions.
Agenda Item Number. 28
Page 112 of 213
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
TO: David Hankerson, County Manager
FROM: Vic Reynolds, District Attorney - Cobb Judicial Circuit
This item has been electronically signed by:Vic Reynolds, District Attorney - Cobb Judicial Circuit
DATE: August 12, 2014
PURPOSE To authorize the acceptance of the 2014-2015 Contract with the Georgia Department of Human Services and the Cobb Judicial Circuit District Attorney to provide Child Support Services to the citizens of Cobb County.
BACKGROUND The Division of Child Support Services offers full services to Custodial Parents with locating Non-Custodial Parents to establish paternity, establish a child support order, or enforce an existing child support order and collection of Arrears. Our services are offered to any Cobb County resident when the other party is residing in another State which identifies our Division as a Uniform Interstate Family Support Act (UIFSA) Office. The Division of Child Support Services currently has 17 full time grant funded employees, 1 part time grant funded position, and an Assistant District Attorney partially funded by the grant assigned to support the Division. This contract will fund the Division's operations for the last three months of the County's FY 2014 and the first nine months of the County's FY 2015. This State FY 2015 grant is for the period of July 1, 2014 through June 30, 2015.
IMPACT STATEMENT
The requested grant funds will cover personnel services and operating expenses. The grant requires a local match of $67,517.75. The local match is currently in the District Attorney's FY 2014 budget and FY 2015 Proposed Budget. The FY 2014 portion of the local match is $16,879.44 and the FY 2015 portion is $50,638.31 which will be transferred to the Child
Comm. Dist.
Agenda Item Number. 29
Page 113 of 213
Support Unit (G365) in the Grant Fund, as needed. If the funding is no longer available the grant funded positions will end.
FUNDING Funding is available in the Child Support Grant which will be appropriated as follows: Increase Revenue 270-170-G365-4433
(Federal Child Support) $673,252.81
270-170-G365-4452 (State Child Support)
$279,309.46
270-170-G365-4960 (FY 14 Local Match)
$16,879.44
270-170-G365-4960 (FY 15 Local Match)
$50,638.31
$1,020,080.02 Increase Expenditure 270-170-G365-Personel
Services $992,884.46
270-170-G365-Operating $27,195.56 $1,020,080.02
RECOMMENDATION The Board of Commissioners authorize the acceptance of the 2014-2015 Contract for $1,020,080.02 with the Georgia Department of Human Services and the Cobb Judicial Circuit District Attorney; authorize the transfer of all authorized personnel from Unit G364 to Unit G365 in the Grant Fund; and further authorize the corresponding budget transactions.
Agenda Item Number. 29
Page 114 of 213
Cobb County Tax Commissioner Carla Jackson, Tax Commissioner
P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-8600 / fax: (770) 528-8679
TO: David Hankerson, County Manager
FROM: Carla Jackson, Tax Commissioner
This item has been electronically signed by:Carla Jackson, Tax Commissioner
DATE: August 12, 2014
PURPOSE To authorize the Tax Commissioner to write off 2008, 2009 and 2010 property taxes from the tax digest for Color Spectrum Network, Inc.
BACKGROUND Color Spectrum Network, Inc. filed Chapter 11 Bankruptcy on July 29, 2011. Therefore all Property Taxes owed prior to the filing date were reported as required by law, which we recorded as 2008- $30,794.45, 2009- $31,638.99, 2010- $39,098.06 for a Total of $101,531.50. These amounts up to July 29, 2011 can not include any further additions for late fees or the like, as these amounts are frozen per the Bankruptcy Laws.
FUNDING N/A
RECOMMENDATION To authorize the Tax Commissioner to write off 2008, 2009 and 2010 property taxes from the tax digest for Color Spectrum Network, Inc., parcel P031282, in the amount of $101,531.50, per order of the U.S. District Bankruptcy Court.
Comm. Dist.
All
Agenda Item Number. 30
Page 115 of 213
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
TO: David Hankerson, County Manager
FROM: Candace Ellison, County Clerk
This item has been electronically signed by:Candace Ellison, County Clerk
DATE: August 12, 2014
PURPOSE To approve the minutes of the following meetings: July 17, 2014 - Public Information Meeting on Proposed 2016 SPLOST July 21, 2014 - Special Called Meeting/Agenda Work Session July 21, 2014 - Special Called Meeting/Second Public Hearing on 2016 SPLOST July 22, 2014 - Special Called Meeting/Work Session July 22, 2014 - Regular Meeting of the Board
ATTACHMENTSSPLOST Public Information Meeting minutes
Agenda Work Session minutes
Second Public Hearing on 2016 SPLOST
Special Called Meeting/Work Session
Regular Meeting minutes
Comm. Dist.
All
Agenda Item Number. 31
Page 116 of 213
MINUTES OF PUBLIC INFORMATION MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 17, 2014
10:00 A.M.
Upon notice duly advertised, the Cobb County Board of Commissioners attended
a Public Information Meeting regarding the proposed 2016 Special Purpose Local Option
Sales Tax (SPLOST) on Thursday, July 17, 2014 at 10:00 a.m. in the second floor public
meeting room in the Cobb County Building, Marietta, Georgia. Present and comprising a
quorum of the Board at various times throughout the event were:
Chairman Tim Lee
Commissioner JoAnn Birrell
Commissioner Helen Goreham
Commissioner Bob Ott
Not Present: Commissioner Lisa Cupid
No official action was taken by the Board.
ADJOURNMENT
The event concluded at 11:55 a.m.
_____________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 117 of 213
MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION
COBB COUNTY BOARD OF COMMISSIONERS
JULY 2, 2014
8:00 A.M.
Upon notice duly advertised, the Cobb County Board of Commissioners attended
a Special Called Meeting/Agenda Work Session on Monday, June 21, 2014 which began
at 8:07 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 July
22, 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 8:19 a.m.
_____________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 118 of 213
MINUTES OF SPECIAL CALLED MEETING/PUBLIC HEARING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 21, 2014
9:00 A.M.
The Special Called Meeting/Public Hearing of the Cobb County Board of Commissioners
was held on Monday, July 21, 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:
Chairman Tim Lee
Commissioner JoAnn Birrell
Commissioner Lisa Cupid
Commissioner Helen Goreham
Commissioner Bob Ott
1. CALL TO ORDER – CHAIRMAN LEE
Chairman Lee called the meeting to order at 9:03 a.m.
2. BOARD OF COMMISSIONERS
2A. CONDUCT OF SECOND PUBLIC HEARING ON THE PROPOSED 2016
SPECIAL PURPOSE LOCAL OPTION SALES TAX – BOARD OF
COMMISSIONERS
Chairman Lee opened the second Public Hearing on the proposed 2016 Special
Purpose Local Option Sales Tax (SPLOST) and asked those persons wishing to speak to
come forward. The following persons addressed the Board:
Mr. Ron Sifen Ms. Abby Shiffman
Mr. James Mitchell Ms. Meryl Clarke
There being no further public speakers, the Public Hearing was closed. The third
Public Hearing will be at the Board’s next regular meeting on Tuesday, July 22, 2014 at
7:00 p.m.
No official action was taken by the Board.
ADJOURNMENT
The meeting was adjourned at 9:15 a.m.
____________________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 119 of 213
MINUTES OF SPECIAL CALLED MEETING/WORK SESSION
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
1:30 P.M.
The Special Called Meeting/Work Session of the Cobb County Board of
Commissioners was held on Tuesday, July 22, 2014 at 1:30 p.m. in the second floor
public meeting room in the Cobb County Building, 100 Cherokee Street, Marietta,
Georgia. Present and comprising a quorum of the Board were:
Commissioner JoAnn Birrell
Commissioner Lisa Cupid
Commissioner Helen Goreham
Commissioner Bob Ott (Vice Chair)
Not Present: Chairman Tim Lee
1. CALL TO ORDER – VICE CHAIR OTT
Chairman Lee called the meeting to order at 1:32 p.m.
2. BOARD OF COMMISSIONERS
2A. PRESENTATION OF QUARTERLY UPDATE REGARDING THE
2011 SPECIAL PURPOSE LOCAL OPTION SALES TAX
(SPLOST) PROGRAM – BOARD OF COMMISSIONERS
Ms. Faye DiMassimo, Transportation Agency Director, made introductory
comments on the quarterly update of the 2011 Special Purpose Local Option Sales
Tax (SPLOST) program. The following speakers presented information on
scheduling and completion of projects in the program:
• Mr. Dan Conn, Public Works Director, City of Marietta
• Mr. John Reida, Property Management Division Manager
• Mr. Sam Heaton, Director, Public Safety
• Mr. Eddie Canon, Director, Parks, Recreation, and Cultural Affairs
• Ms. Faye DiMassimo, Director, Department of Transportation
A copy of the information presented is attached and made a part of these
minutes.
No official action was taken by the Board.
ADJOURNMENT
The meeting was adjourned at 2:13 p.m.
________________________________________
Candace W. Ellison
County Clerk
Cobb County Board of Commissioners
Page 120 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
7:00 P.M.
The Regular Meeting of the Cobb County Board of Commissioners was held on
Tuesday, July 22, 2014 at 7:00 p.m. in the second floor public meeting room in 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. CALL TO ORDER – CHAIRMAN LEE
Chairman Lee called the meeting to order at 7:02 p.m.
2. PRESENTATION OF PROCLAMATION TO TOM PHILLIPS IN
RECOGNITION OF HIS 18 YEARS OF SERVICE ON THE
KENNESTONE HOSPITAL AUTHORITY
Chairman Lee presented the following proclamation to Mr. Tom Phillips, in
recognition of his 18 years of service on the Kennestone Hospital Authority.
WHEREAS Tom Phillips has been an invaluable member of the WellStar
Kennestone Hospital Authority for the past 18 years, selflessly
giving of his time and considerable expertise for the improvement of
the WellStar Health System; and
WHEREAS Phillips, who was born in Atlanta and graduated from Georgia State
University, is a successful businessman, having worked with Gulf
Oil and Amoco Oil Company as well as founding two of his own
companies. He is known for his consistent philanthropy, supporting
community healthcare services, students and the Salvation Army,
among others; and
WHEREAS In 2002, he was named Citizen of the Year in Towns County. He
was recognized in 2005 and 2006 by the James Magazine as one of
the Most Influential Georgians. He is a strong supporter of the single
mom’s ministry at Noonday Baptist Church where he mentors single
mothers. He is a supporter of the nursing program at Kennesaw State
University and has established a scholarship for that purpose; and
WHEREAS During his time on the Wellstar Kennestone Authority and Wellstar
Board of Trustees he has been a leader in finance and was the chair
of the Finance Committee for many years. During his time as chair
of the Finance Committee, he gave endless hours in studying the
system’s finances and was a major factor in the success of Wellstar;
now
THEREFORE We, the Cobb County Board of Commissioners, do hereby honor
Tom Phillips for his consistent and substantial contributions to the
betterment of our community. He is a fine example of how one man
can make a difference in the world.
This, the 22nd
day of July 2014.
Page 121 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 2
3. COMMUNITY DEVELOPMENT AGENCY
3A. CONDUCT OF SECOND PUBLIC HEARING REGARDING
AMENDMENTS TO THE OFFICIAL CODE OF COBB COUNTY,
CHAPTERS 2, 78, 102, 114, AND 134 - COMMUNITY
DEVELOPMENT
Mr. Rob Hosack, Director of Community Development, provided a
PowerPoint presentation regarding the proposed amendments to the Official Code
of Cobb County, Chapter 2, Administration; Chapter 78, Licenses, Permits, and
Businesses; Chapter 102, Solid Waste; Chapter 114, Taxation; and Chapter 134,
Zoning. A copy of the presentation is attached and made a part of these minutes.
Chairman Lee opened the Public Hearing and asked those persons wishing
to speak to come forward. The following persons addressed the Board:
Mr. Ed Richardson
Ms. Carol Brown
Mr. Doug Stoner
Mr. Jerome Russell
Mr. Derek Barker
Ms. Monica Delancey
Ms. Robin Meyer
Mr. James Touchton
Dr. Rhett
There being no further public speakers, the Public Hearing was closed.
Following discussion among the Board, the following motion was made:
MOTION: Motion by Lee, second by Ott, to approve the proposed amendments
to the Official Code of Cobb County, Chapter 2, Administration; Chapter 78,
Licenses, Permits, and Businesses; Chapter 102, Solid Waste; Chapter 114,
Taxation; and Chapter 134, Zoning, as revised and presented, with the exception
of Sections 2-230 through 2-236, 114-131 through 114-142, and with the
exception of the resolution creating the Six Flags Area Special Services District;
and directing staff to do additional research on those sections excluded, to ensure
compliance with State law, and to bring the proposal to the Board for
consideration at their next regular meeting on August 12, 2014 at 9:00 a.m.
Following further discussion, and prior to a vote being taken on the above
motion. Chairman Lee revised his motion with Commissioner Ott’s concurrence
as the second, as follows:
MOTION: Motion by Lee, second by Ott , to approve the proposed amendments
to the Official Code of Cobb County, Sections 2-103, 2-166 through 2-171, 78-95
through 78-100, 102-12, 134-1 (to include three references to barns, funeral
homes, and livestock), 134-1 (p. 22, as it relates to riding stables); 134-193
through 134-207; 134-277; and 134-213 through 134-375, as revised and
presented; and direct staff to bring forward at the Board’s next regular meeting, a
revised proposal for Sections 2-230 through 2-236 (urban redevelopment agency);
134-131 through 114-142 (as it relates to the establishment of the Six Flags Area
Special Services District); 134-36 (as it relates to the established standards for
farmer’s markets); and 134-272 (as it relates to the establishment of provisions of
heavy equipment being parked in the HI zoning category).
A copy of the approved amendments is on file in the Office of the County Clerk.
VOTE: ADOPTED unanimously
Page 122 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 3
4. BOARD OF COMMISSIONERS
4A. CONDUCT OF THIRD PUBLIC HEARING ON THE PROPOSED
2016 SPECIAL PURPOSE LOCAL OPTION SALES TAX – BOARD
OF COMMISSIONERS
Chairman Lee provided background information regarding the proposed
2016 Special Purpose Local Option Sales Tax (SPLOST). He called attention to
p. 9 of Exhibit A, Tier 2 Projects, Item 1 entitled Cobb Parkway and Associated
Corridor, Intersection and Pedestrian Improvements. He stated his
recommendation to remove this entire line item from the Tier 2 Projects, with the
exception of moving $26,000,000.00 from the $72,500,000.00 associated with this
project, to the Pedestrian Improvements project, increasing it from
$10,000,000.00 to $36,000.000.00.
Chairman Lee opened the Public Hearing, asking those persons wishing to
speak to come forward. The following persons addressed the Board:
Jan Barton
Peggy Holbrook
Frank Pulaski
Ron Sifen
Phil Searcy
Charles Levenson
Larry Savage
Lance Lamberton
Frank O’Brien
Rich Pellegrino
David Weldon
Fran Mitchell
Shelby Trek
James Touchton
There being no further public speakers, the Public Hearing was closed.
No official action was taken by the Board.
5. FINANCE
5A. CONDUCT OF THIRD PUBLIC HEARING ON THE 2014
PROPOSED PROPERTY TAX INCREASE AS DEFINED BY
GEORGIA LAW – FINANCE
Mr. Jim Pehrson, Finance Director/Comptroller, provided a PowerPoint
presentation on the 2014 Tax Digest. A copy of the information presented is
attached and made a part of these minutes.
Chairman Lee opened the third Public Hearing on the 2014 proposed
property increase as defined by Georgia law and asked those wishing to speak to
come forward. There being no public speakers, the Public hearing was closed.
No official action was taken by the Board.
NOTE: By general consensus of the Board, the second public comment section of
the meeting was moved forward to be included with the first public comment
section.
6. PUBLIC COMMENT – MR. LANCE LORUSSO
Mr. Lance LoRusso addressed the Board regarding Public Safety concerns.
7. PUBLIC COMMENT – MR. RON SIFEN
Mr. Ron Sifen addressed the Board regarding the proposed 2016 Special Purpose
Local Option Sales Tax (SPLOST).
Page 123 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 4
8. PUBLIC COMMENT – MR. LANCE LAMBERTON
Mr. Lance Lamberton addressed the Board regarding the proposed Six Flags Area
Special Services District.
9. PUBLIC COMMENT – MR. RICH PELLEGRINO
Mr. Rich Pellegrino addressed the Board regarding rebuilding trust between the
community and the Board of Commissioners.
NOTE: Chairman Lee called for a brief recess at 9:03 p.m. The meeting reconvened at
9:13 p.m.
10. CONSENT AGENDA
MOTION: Motion by Lee, second by Birrell, to approve the following items on
the Consent Agenda, as revised, and authorize execution of the necessary
documents by the appropriate County personnel:
TRANSPORTATION AGENCY
Administration
10A. CONVEYANCE BY QUITCLAIM DEED TO THE GEORGIA
DEPARTMENT OF TRANSPORTATION THE RIGHTS-OF-WAY
AND EASEMENTS ON PARCELS OWNED BY COBB COUNTY
NECESSARY FOR RIGHT-OF-WAY CERTIFICATION OF
CEDARCREST ROAD – TRANSPORTATION
To convey by quitclaim deed to the Georgia Department of
Transportation the rights-of-way and easements on parcels owned by
Cobb County necessary for right-of-way certification of Cedarcrest Road,
State Project No. CSHPP-0007-00(529), State P. I. No. 0007529, Cobb
County Project No. D4070; and authorize the Chairman to execute the
necessary documents.
10B. 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 TEN PARCELS ON WINDY HILL
ROAD (WEST) – 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 ten parcels on Windy Hill Road (West), Project No.
E4030; adopt a Resolution and Order for each; and further authorize the
Chairman to execute the necessary documents.
Parcel No. 18
GBC Holdings, LLC 3,189.52 sq. ft. fee simple right-of-way
Sergeri I. Semenov 2,798.12 sq. ft. perm. wall easement
CAI Investments, LLC 995.40 sq. ft. temp. const. easement
Shiyin Cai 2,526.48 sq. ft. driveway easement
North Park Place, LLC
TBRG Properties
1950 North Park Place
Atlanta, GA 30339
Page 124 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 5
10. CONSENT AGENDA (CONT.)
TRANSPORTATION AGENCY (CONT.)
Administration (cont.)
10B. 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 TEN PARCELS ON WINDY HILL
ROAD (WEST) – TRANSPORTATION (CONT.)
Parcel No. 20
Partners at Park Place, LLC 1,592.83 sq. ft. fee simple right-of-way
2070 South Park Place, SE 8,752.57 sq. ft. temp. const. easement
Suite 330 261.36 sq. ft. driveway easement
Atlanta, GA 30339
Parcel No. 31
EZ69/RH Windy Hill, LLC 1,015.82 sq. ft. fee simple right-of-way
621 Capitol Mall 1,001.88 sq. ft. driveway easement
Suite 1900
Sacramento, CA 95814
Parcel No. 33
XK Properties, Inc. 1,174.37 sq. ft. fee simple right-of-way
511 Valley Rd. NW 989.42 sq. ft. temp. const. easement
Atlanta, GA 30305 1,437.48 sq. ft. driveway easement
Parcel No. 38
Sam’s Real Estate 918.76 sq. ft. fee simple right-of-way
Holdings – Georgia, LLC 1,649.11 sq. ft. temp. const. easement
7935 Council Place 1,219.68 sq. ft. driveway easement
Suite 200
Matthews, NC 28105
Parcel No. 101
ZM Corporation, Inc. 1,685.04 sq. ft. fee simple right-of-way
2810 Long Grove Court 1,050.16 sq. ft. perm. wall easement
Marietta, GA 30062 1,364.73 sq. ft. temp. const. easement
784.08 sq. ft. driveway easement
Parcel No. 102
CAR SPA (GA) 6,245.73 sq. ft. fee simple right-of-way
Holdings, LP 2,036.63 sq. ft. perm. wall easement
4835 LBJ Freeway #650 4,315.89 sq. ft. temp. const. easement
Dallas, TX 75070 2,750.00 sq. ft. driveway easement
Parcel No. 103
WALCO Investments, LP 3,291.16 sq. ft. fee simple right-of-way
5370 Oakdale Rd. 2,676.10 sq. ft. temp. const. easement
Smyrna, GA 30082 2,439.36 sq. ft. driveway easement
Parcel No. 104
Falzer-Windy Hill, LLC, et al
1334 Parkview Avenue 1,756.32 sq. ft. fee simple right-of-way
Manhattan Beach, CA 435.60 sq. ft. driveway easement
90266
Page 125 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 6
10. CONSENT AGENDA (CONT.)
TRANSPORTATION AGENCY (CONT.)
Administration (cont.)
10B. 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 TEN PARCELS ON WINDY HILL
ROAD (WEST) – TRANSPORTATION (CONT.)
Parcel No. 105
Falzer-Windy Hill, LLC, et al
1334 Parkview Avenue 854.03 sq. ft. fee simple right-of-way
Manhattan Beach, CA 2,439.36 sq. ft. driveway easement
90266
Engineering
10C. AUTHORIZATION TO ADD GEOHYDRO ENGINEERS, INC.
AND STEVENSON AND PALMER ENGINEERING, INC. TO THE
PREQUALIFIED LIST OF ENGINEERING AND ASSOCIATED
SPECIALTY FIRMS AVAILABLE TO BE USED FOR THE
PROCUREMENT OF PROFESSIONAL SERVICES FOR THE
2014-2015 PREQUALIFICATION PERIOD AND
AUTHORIZATION TO ADD A PREQUALIFICATION AREA FOR
CROY ENGINEERING, LLC – TRANSPORTATION
To authorize the addition of GeoHydro Engineers, Inc., and Stevenson
and Palmer Engineering, Inc., to the Department of Transportation’s
Prequalified List of Engineering and Associated Specialty Firms available
to be used for the procurement of professional services for the 2014-2015
prequalification period; and further authorize an additional
prequalification area of right-of-way acquisition for Croy Engineering,
LLC.
Traffic Operations
10D. AUTHORIZATION TO SOLICIT BIDS FOR THREE
REPLACEMENT VEHICLES FOR THE UTILITY PERMITTING
DIVISION – TRANSPORTATION
To authorize the solicitation of bids for three replacement vehicles for the
Utility Permitting Division.
Page 126 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 7
10. CONSENT AGENDA (CONT.)
SUPPORT SERVICES AGENCY
Purchasing
10E. APPROVAL OF CONTRACT WITH GARLAND/DBS, INC. FOR
ROOFING SUPPLIES AND RELATED PRODUCTS AND
SERVICES THAT WILL BE AVAILABLE TO COBB COUNTY
GOVERNMENT AS WELL AS ALL STATES, LOCAL
GOVERNMENTS, SCHOOL DISTRICTS, PUBLIC COLLEGES
AND UNIVERSITIES, AND NON-PROFITS UNDER THE
AUSPICES OF THE U. S. COMMUNITIES PURCHASING
ALLIANCE – PURCHASING
To approve a contract with Garland/DBS Inc. for roofing supplies and
related products and services that will be available to Cobb County
Government, but also on a national level to all states, local governments,
school districts, public colleges and universities and non-profits under the
auspices of the US Communities Purchasing Alliance; and authorize the
Chairman to execute the necessary documents.
COMMUNITY DEVELOPMENT AGENCY
Planning Division
10F. AUTHORIZATION TO SUBMIT AN APPLICATION FOR A
SCHOLARSHIP TO THE NATIONAL HISTORIC
PRESERVATION CONFERENCE IN SAVANNAH, GEORGIA
FROM THE DEPARTMENT OF NATURAL RESOURCES’
HISTORIC PRESERVATION DIVISION - PLANNING DIVISION
To authorize the submission of an application for a scholarship to the
National Historic Preservation Conference in Savannah, GA from the
Department of Natural Resources’ Historic Preservation Division;
and further authorize the Chairman to execute the necessary documents.
COUNTY ATTORNEY
10G. AUTHORIZATION TO SETTLE COBB COUNTY V. DAVID M.
SAWYER – COUNTY ATTORNEY
To authorize settlement of Cobb County v. David M. Sawyer; Civil
Action File No. 2013A-3403-5; State Court of Cobb County; and further
authorize the County Manager to execute the necessary documents.
10H. AUTHORIZATION TO SETTLE CAROLYN MURDOCK, ET AL. V.
COBB COUNTY, GEORGIA – COUNTY ATTORNEY
To authorize settlement of Carolyn Murdock, et al. v. Cobb County,
Georgia, et al., Civil Action File No. 1:12-cv-1743-RWS, United States
District Court, pursuant to the direction and within the terms as discussed
in Executive Session on July 7, 2014; and authorize counsel to prepare
and execute any necessary documents for the purpose of settling ongoing
litigation.
Funding is available in account 710-055-8011-6608
Page 127 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 8
10. CONSENT AGENDA (CONT.)
HUMAN RESOURCES
10I. APPROVAL OF AMENDMENT TO THE CONTRACT WITH THE
ARCHER COMPANY FOR CONSULTING SERVICES TO
INCLUDE CONDUCTING A WORKFORCE SATISFACTION
SURVEY – HUMAN RESOURCES
To approve an amendment to the contract with The Archer Company, in
the amount of $64,260.00, for consulting services to include conducting a
workforce satisfaction study; authorize the corresponding budget
transactions; and further authorize the Chairman to execute the
necessary documents.
Funding will be available in the Human Resources FY14 budget with the
following budget transfer:
Transfer from:
010-015-0145-8820 (Gen. Fund Undesignated Contingency) $64,260.00
Transfer to:
010-095-2600-6326 (Professional Services) $64,260.00
FINANCE
10J. AUTHORIZATION TO MAKE RECONCILING EXPENDITURE
BUDGET TRANSACTIONS IN THE 2011 PARKS SPLOST
PROGRAM BUDGETS WITHOUT CHANGING THE OVERALL
TOTAL BUDGET – FINANCE
To authorize the Finance Department to make reconciling budget
transactions in the 2011 Parks SPLOST Program budgets without
changing the overall 2011 Parks SPLOST total budget.
Funding: Authorize all budget transactions as necessary to reconcile the
two budget structures of the 2011 Parks SPLOST Program, while
maintaining the total program budget at $83,523,000.00 unless later
changed by Board action.
10K. ADOPTION OF RESOLUTION AUTHORIZING THE ISSUANCE
OF COBB COUNTY KENNESTONE HOSPITAL AUTHORITY
REVENUE ANTICIPATION CERTIFICATES, SERIES 2014 TO
FINANCE THE COST OF A NEW BEHAVIORAL HEALTH
CENTER TO BE CONSTRUCTED ON LAND OWNED BY THE
COUNTY AT 1775 COUNTY SERVICES PARKWAY – FINANCE
To adopt a Resolution approving the following:
(i) authorize the issuance by the Kennestone Hospital Authority (the
"Authority") in an amount not to exceed $6,500,000.00 of Cobb
County Kennestone Hospital Authority Revenue Anticipation
Certificates (Cobb County Project), Series 2014 in order to construct a
new behavioral health center (the “Project”) to be subleased and
operated by the Cobb County Community Services Board and pay
issuance costs associated therewith;
Page 128 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 9
10. CONSENT AGENDA (CONT.)
FINANCE (CONT.)
10K. ADOPTION OF RESOLUTION AUTHORIZING THE ISSUANCE
OF COBB COUNTY KENNESTONE HOSPITAL AUTHORITY
REVENUE ANTICIPATION CERTIFICATES, SERIES 2014 TO
FINANCE THE COST OF A NEW BEHAVIORAL HEALTH
CENTER TO BE CONSTRUCTED ON LAND OWNED BY THE
COUNTY AT 1775 COUNTY SERVICES PARKWAY – FINANCE
(CONT.)
(ii) approve the Trust Indenture, the Intergovernmental Agreement, the
Continuing Disclosure Certificate, the Preliminary Official Statement
and the Official Notice of Sale, all in connection with the issuance of
the Series 2014 Certificates, and thereby providing the County Board
Approvals required under the Intergovernmental Agreement and the
Trust Indenture with respect to the issuance of the Series 2014
Certificates and the documents related thereto;
(iii) approve certain "Certificate Pricing Parameters" for the payment
terms of the Series 2014 Certificates to be determined by the
competitive public sale of the Series 2014 Certificates;
(iv) delegate to appropriate County officials the authority to approve the
final payment terms of the Series 2014 Certificates within the
approved Certificate Pricing Parameters and the authority to approve
the final forms of the financing documents reflecting such final
payment terms, including, without limitation, the Official Statement;
(v) authorize the execution of the aforesaid documents and other
necessary or appropriate documents on behalf of the County by
appropriate County officials; and for other related matters, and
(vi) further authorize the Chairman to execute the necessary documents.
A copy of the resolution is on file in the Office of the County Clerk.
Funding: No allocation of funds is required. Issuance costs will be paid
from the proceeds of the Authority’s Series 2014 Certificates and will not
impact the County’s budget. Continuing administrative costs for the Series
2014 Certificates, such as trustee services, rating agencies’ fees and
similar fees and costs, not anticipated in the 2014 budget process but
would be absorbed in the current budget if payable in the current fiscal
year. All subsequent years’ costs will be planned in their respective budget
years.
10L. 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 said resolution is attached and made a part
of these minutes.
Page 129 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 10
10. CONSENT AGENDA (CONT.)
CLERK OF SUPERIOR COURT
10M. AUTHORIZATION TO ESTABLISH A TECHNOLOGY
ACCOUNT TO FUND TECHNOLOGICAL IMPROVEMENTS
WITHIN THE OFFICE OF THE SUPERIOR COURT CLERK –
CLERK OF SUPERIOR COURT
To authorize the establishment of the Cobb County Clerk of Superior
Courts Office Technology Fund under the supervision of the Clerk of
Superior Court, and further authorize the standard reserve appropriations
and other corresponding budget transactions.
Funding for the Technology account will be through the periodic
appropriation of these designated revenues as received as follows:
Increase Revenue: 010-160-8600-4858 (Other Income)
Increase Expenditure: 010-160-8600-8818 (Reserve Contingency)
Prior to purchasing approved technology improvements, funds will be
transferred from this Reserve Contingency to the proper expenditure
account. Any unspent Technology Reserves at the end of the fiscal year
will be reserved into the subsequent fiscal year budget for Technology
Improvements.
COUNTY CLERK
10N. APPROVAL OF MINUTES – COUNTY CLERK
To approve the minutes of the following meetings:
July 7, 2014 – Special Called Meeting/Agenda Work Session
July 8, 2014 – Regular Meeting of the Board
July 14, 2014 – Special Called Meeting/1st Public Hearing 2014 Millage
July 15, 2014 – Special Called Meeting/2nd
Public Hearing 2014 Millage
July 15, 2014 – BOC Zoning Hearing
CONSENT VOTE: ADOPTED unanimously
Page 130 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 11
11. TRANSPORTATION AGENCY
Engineering
11A. APPROVAL OF CONTRACT WITH OHMSHIV
CONSTRUCTION, LLC FOR CONSTRUCTION OF EBENEZER
ROAD SIDEWALKS – TRANSPORTATION
MOTION: Motion by Birrell, second by Lee, to approve a contract with
Ohmshiv Construction, LLC, in an amount not to exceed $1,123,570.05,
for construction of Ebenezer Road Sidewalks, Project No. E7120, MIS
Contract No. 000668; authorize the corresponding budget transactions;
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:
345-050-E007-E712-8761-E7120-C (Preliminary Est.) $585,000.00
345-050-E007-E718-8761-E7180-C (Preliminary Est.) $146,000.00
345-050-E007-E754-8761-E7540-C (Preliminary Est.) $185,777.55
Transfer to:
345-050-E007-E712-8762-E7120-C (Turnkey Const.) $916,777.55
Available in the Water System’s 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 $212,427.50
Transfer to:
Ebenezer Road Sidewalks
Construction
510-500-5756-8260-W4320-C $206,792.50
Interest on Retainage
510-500-5756-6613-W4320-A $ 1,035.00
Meter Purchase Replacement
510-500-5756-8456-W4320-M $ 500.00
Contingency
510-500-5756-8810-W4320-T $ 4,100.00
Total $212,427.50
VOTE: ADOPTED unanimously
Page 131 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 12
11. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.)
11B. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO
RESURFACING CONTRACT 2014-3 LOCAL ROADS (NORTH)
WITH C. W. MATTHEWS CONTRACTING COMPANY, INC.
FOR OPERATIONAL IMPROVEMENTS ON SANDY PLAINS AT
WIGLEY ROAD – TRANSPORTATION
MOTION: Motion by Birrell, second by Lee, to approve Supplemental
Agreement No. 1 to Resurfacing Contract 2014-3 Local Roads
(North) with C. W. Matthews Contracting Company, Inc., in an amount
not to exceed $69,297.00, for operational improvements on Sandy Plains
at Wigley Road, Project No. E9120, MIS Contract No. 000764; 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:
345-050-E005-E504-8761-E5040-C (Preliminary Est.) $69,297.00
Transfer to:
345-050-E009-E912-8762-E9120-C (Turnkey Const.) $69,297.00
Increase GAE 345042214905:
345-050-E009-E912-8762-E9120-C (Turnkey Const.) $69,297.00
VOTE: ADOPTED unanimously
11C. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE
CONTRACT WITH CHATFIELD CONTRACTING, INC. FOR
DRAINAGE SYSTEM IMPROVEMENTS ALONG THE SILVER
COMET TRAIL – TRANSPORTATION
MOTION: Motion by Lee, second by Ott, to approve Change Order No.
1 (final) to the contract with Chatfield Contracting, Inc., a savings to the
project in the amount of $3,063.03, for drainage system improvements
along the Silver Comet Trail, Project No. E2040, MIS Contract No.
000689; and authorize the Chairman to execute the necessary documents.
Funding: A savings to the 2011 SPLOST Transportation Improvements
Program Fund
Decrease GAE 345011414403:
345-050-E002-E204-8762-E2040-C (Turnkey Const.) $3,063.03
VOTE: ADOPTED unanimously
Page 132 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 13
11. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.)
11D. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE 2013
COUNTYWIDE UNIT PRICE CONTRACT WITH BUTCH
THOMPSON ENTERPRISES, INC. FOR DRAINAGE SYSTEM
IMPROVEMENTS ON SUMMERFORD COURT –
TRANSPORTATION
MOTION: Motion by Birrell, second by Cupid, to approve Change Order
No. 1 (final) to the 2013 Countywide Unit Price Contract with Butch
Thompson Enterprises, Inc., a savings to the project in the amount of
$225.00, for drainage system improvements on Summerford Court,
Project No. E2480-WO#03, MIS Contract No. 000609; and authorize the
Chairman to execute the necessary documents.
Funding: A savings to the 2011 SPLOST Transportation Improvements
Program Fund
Decrease GAE 345102213708:
345-050-E002-E248-8762-E2480-C (Turnkey Const.) $ 225.00
VOTE: ADOPTED unanimously
11E. APPROVAL OF PROJECT FRAMEWORK AGREEMENT AND
INDICATION OF LIGHTING SUPPORT DOCUMENT WITH THE
GEORGIA DEPARTMENT OF TRANSPORTATION FOR WINDY
HILL ROAD INTERCHANGE AT I-75 – TRANSPORTATION
MOTION: Motion by Ott, second by Lee, to approve a Project
Framework Agreement and an Indication of Lighting Support document
with the Georgia Department of Transportation for Windy Hill Road
Interchange at I-75, State P. I. No. 0012774, Cobb County Project No.
E4100; and authorize the Chairman to execute the necessary documents.
VOTE: ADOPTED unanimously
Traffic Operations
11F. AUTHORIZATION TO PROCURE HARDWARE, SOFTWARE,
AND PROFESSIONAL SERVICES TO UPGRADE THE
TRANSPORTATION MANAGEMENT CENTER TRAFFIC
WATCH PROGRAM – TRANSPORTATION
MOTION: Motion by Lee, second by Goreham, to authorize the
procurement of hardware, software and professional services, in an
amount not to exceed $44,458.30, to upgrade the Transportation
Management Center Traffic Watch program, Project No. E5010; and
further authorize the corresponding budget transactions.
Funding: Available in the 2011 SPLOST Transportation Improvements
Program Fund with the following budget transfers:
Transfer from:
345-050-E005-E501-8761-E5010-C (Preliminary Est.) $44,458.30
Transfer to:
345-050-E005-E501-6491-E5010-O (Annual Maint.) $ 5,440.00
345-050-E005-E501-8420-E5010-P (Computer Hardware) $11,743.23
345-050-E005-E501-8675-E5010-P (Computer Software) $ 1,032.31
345-050-E005-E501-8676-E5010-P (Professional Svcs.) $26,242.76
VOTE: ADOPTED unanimously Page 133 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 14
12. PUBLIC SERVICES AGENCY
Parks, Recreation, and Cultural Affairs
12A. APPROVAL OF CONTRACT WITH JHC CORPORATION FOR
CONSTRUCTION SERVICES RELATED TO REDEVELOPMENT
AT RHYNE PARK - PARKS, RECREATION, AND CULTURAL
AFFAIRS
MOTION: Motion by Ott, second by Goreham, to approve a contract
with JHC Contracting, in an amount not to exceed $817,000.00, for
construction services related to redevelopment at Rhyne 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.
Funding is available in the 2011 Parks, Recreation and Cultural Affairs
SPLOST fund as follows:
345-105-E040-EP 442 C-8125 (Rhyne Park Cross Tie Wall Replacement) $161,265.00
345-105-E040-EP 443 C-8125 (Rhyne Park Field Renovation) $237,942.65
345-105-E040-EP 444 C-8125 (Rhyne Park Drainage Improvements) $188,220.63
345-105-E040-EP 445 C-8125 (Rhyne Park Water Line Replacement) $187,880.63
345-105-E050-EP 513 C-8125 (Rhyne Park Paving) $ 41,691.09
VOTE: ADOPTED unanimously
13. SUPPORT SERVICES AGENCY
Property Management
12A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 2 TO THE
CONTRACT WITH JOHN SPRATLIN AND SON, LLC AND
AUTHORIZATION TO ACCEPT FUNDING FROM THE HEALTH
DEPARTMENT FOR THE RENOVATION PROJECT OF THE
FORMER JUVENILE COURT BUILDING AND HEALTH
DEPARTMENT HEADQUARTERS BUILDING - PROPERTY
MANAGEMENT
MOTION: Motion by Lee, second by Cupid, to approve Supplemental
Agreement No. 2, in the amount of $139,903.00, which includes Change
Directive No. 2, in the amount of $69,903.00, to the contract with John
Spratlin & Son, LLC for the 2011 SPLOST renovation project at the
former Juvenile Court Building, located at 1738 County Services
Parkway, and the Health Department Headquarters, located at 1650
County Services Parkway; authorize the acceptance of funding, in the
amount of $70,000.00, from the Health Department for a portion of the
Supplemental Agreement; authorize the corresponding budget
transactions; and further authorize the Chairman to execute the
necessary documents.
Funding is available in the SPLOST project budget with an appropriation
from the Health Department as follows:
Increase revenue:
345-110-E089-4506 (Health Dept Revenue) $ 70,000.00
Increase expenditure:
345-110-E089-8125-E0890-C (Construction Expenditures) $ 70,000.00
Page 134 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 15
13. SUPPORT SERVICES AGENCY (CONT.)
Property Management (cont.)
12A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 2 TO THE
CONTRACT WITH JOHN SPRATLIN AND SON, LLC AND
AUTHORIZATION TO ACCEPT FUNDING FROM THE HEALTH
DEPARTMENT FOR THE RENOVATION PROJECT OF THE
FORMER JUVENILE COURT BUILDING AND HEALTH
DEPARTMENT HEADQUARTERS BUILDING - PROPERTY
MANAGEMENT (CONT.)
Transfer from:
345-110-E089-8005-E0890-C (Preliminary Estimate) $ 69,903.00
Transfer to:
345-110-E089-8125-E0890-C (Construction Expenditures) $ 69,903.00
Increase GAE 345040814702 $139,903.00
VOTE: ADOPTED unanimously
12B. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 3 WITH
PIEPER O’BRIEN HERR ARCHITECTS, LTD. FOR
ARCHITECTURAL/ENGINEERING SERVICES RELATED TO
THE RENOVATION PROJECT AT THE FORMER JUVENILE
COURT BUILDING AND HEALTH DEPARTMENT
HEADQUARTERS BUILDING - PROPERTY MANAGEMENT
MOTION: Motion by Lee, second by Goreham, to approve Supplemental
Agreement No. 3 with Pieper O'Brien and Herr Architects, in the amount
of $6,251.00, for revisions to the plans to locate larger exterior windows,
for the 2011 SPLOST renovation project at the former Juvenile Court
Building located at 1738 County Services Parkway, and the Health
Department Headquarters, located at 1650 County Services
Parkway; authorize the corresponding budget transactions; and further
authorize the Chairman to execute the necessary documents.
Funding is available in the 2011 SPLOST Project Budget as follows:
345-110-E089-8005-E0890-C (Health Department) $6,251.00
Increase GAE 345121112601 $6,251.00
VOTE: ADOPTED unanimously
14. PUBLIC SAFETY AGENCY
Fire and Emergency Services
14A. AUTHORIZATION TO ISSUE AN INVITATION TO BID FOR
THE PROCUREMENT OF THERMAL IMAGING CAMERAS -
FIRE AND EMERGENCY SERVICES
MOTION: Motion by Cupid, second by Birrell, to authorize the issuance
of an Invitation to Bid for the procurement of Thermal Imaging Cameras.
Funding will be available in the 2011 Public Safety SPLOST Program at
the time the vendor is selected, with a future agenda item.
VOTE: ADOPTED unanimously
Page 135 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 16
15. BOARD OF COMMISSIONERS
15A. APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH
THE MUNICIPALITIES WITHIN THE COUNTY FOR THE
PAYMENT OF VARIOUS MUNICIPAL IMPROVEMENT FUNDS
ANTICIPATED TO BE GENERATED BY THE 2016 SPECIAL
PURPOSE LOCAL OPTION SALES TAX – BOARD OF
COMMISSIONERS
MOTION: Motion by Lee, second by Cupid, to approve an
Intergovernmental Agreement between Cobb County and the Municipalities
within the County for the payment of various Municipal Improvement Funds
anticipated to be generated by the 2016 Special Purpose Local Option Sales
Tax (SPLOST) and other purposes; and further authorize the Chairman to
execute the necessary documents. A copy of the Intergovernmental
Agreement is on file in the Office of the County Clerk.
VOTE: ADOPTED unanimously
NOTE: Chairman Lee paused the meeting briefly while he executed the
Intergovernmental Agreement.
15B. ADOPTION OF RESOLUTION IMPOSING A SPECIAL PURPOSE
LOCAL OPTION SALES TAX – BOARD OF COMMISSIONERS
Chairman Lee opened the discussion on the resolution imposing a Special
Purpose Local Option Sales Tax (SPLOST). Discussion among the Board
ensued, and Commissioner Cupid asked that any motion made include the
following language:
“Cobb County may not accept any federal, state, or other grants
that use any projects on this SPLOST as matching investments to
qualify to receive grants for any fixed guideway transit.”
Commissioner Birrell said she feels the BRT and any projects related to
the BRT should be decided by the voters, and directed that her comment be
included in the minutes.
As discussion continued, it was determined that some of the
Commissioners had not realized that in approving the Intergovernmental
Agreement (see 15A above), they were also approving Exhibit A to the
Agreement, which is the project list. Following discussion with Ms. Deborah
Dance, County Attorney, the following motion was made:
MOTION: Motion by Cupid, second by Ott, to reconsider the vote on Tab 12,
Item 1 (see 15A of these minutes).
VOTE: ADOPTED 4-1, Chairman Lee opposed
Page 136 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 17
15. BOARD OF COMMISSIONERS (CONT.)
15C. RECONSIDERATION OF INTERGOVERNMENTAL
AGREEMENT WITH THE MUNICIPALITIES WITHIN THE
COUNTY FOR THE PAYMENT OF VARIOUS MUNICIPAL
IMPROVEMENT FUNDS ANTICIPATED TO BE GENERATED
BY THE 2016 SPECIAL PURPOSE LOCAL OPTION SALES TAX
– BOARD OF COMMISSIONERS
A robust discussion ensued among the Board regarding Exhibit A (the
project list) to the Intergovernmental Agreement. Following this discussion, the
following motion was made:
MOTION: Motion by Lee, to approve an Intergovernmental Agreement between
Cobb County and the Municipalities within the County for the payment of various
Municipal Improvement Funds anticipated to be generated by the 2016 Special
Purpose Local Option Sales Tax (SPLOST) and other purposes; and authorize the
Chairman to execute the necessary documents, with the following revisions to
Exhibit A:
• Remove pages 12-14
• Remove the project entitled “Cobb Parkway and Associated Corridor,
Intersection and Pedestrian Improvements” from page 9, Tier 2 Projects;
and transfer $26,000,000.00 from this project to the project entitled
“Pedestrian Improvements” increasing its estimated cost from
$10,000,000.00 to $36,000,000.00
• Revise the project description for the project entitled “Pedestrian
Improvements” as follows: “Construction of sidewalks, trails, and other
pedestrian and bike path improvements along roadways . . .”
• Add the following language: “Cobb County may not accept any federal,
state, or other grants that use any projects on this SPLOST as matching
investments to qualify to receive grants for any fixed guideway transit.”
The above motion died for lack of a second.
Further discussion ensued between the Board and Ms. Dance; additionally,
Ms. Julie Livingston, Deputy County Attorney, was asked to provide clarification.
Following additional questions and information provided by Ms. Dance, the
following motion was made:
MOTION by Lee, second by Cupid, to approve an Intergovernmental Agreement
with the Municipalities within the County for the payment of various Municipal
Improvement Funds anticipated to be generated by the 2016 Special Purpose
Local Option Sales Tax (SPLOST) and other purposes, and authorize the
Chairman to execute the necessary documents, with the following revisions to
Exhibit A of the Intergovernmental Agreement:
• p. 8 shall be revised to read: “Construction of sidewalks, trails, and other
pedestrian and bike path improvements along roadways . . . . “
• p. 9 – remove the project titled “Cobb Parkway and Associated Corridor,
Intersection and Pedestrian Improvements,” and transfer $26,000,000.00
from this project to the project entitled “Pedestrian Improvements,”
increasing its estimated cost from $10,000,000.00 to $36,000,000.00
• p. 11 – remove project titled “Cobb Parkway/US 41/ SR 3”
• Emphasize that the purpose of the 2016 SPLOST does not include funding
for the BRT/Connect Cobb project, by placing a message in the document
in a typeface of sufficient size and location in the document so as to make
it easily identifiable and understandable.
Page 137 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 18
15. BOARD OF COMMISSIONERS (CONT.)
15C. RECONSIDERATION OF INTERGOVERNMENTAL
AGREEMENT WITH THE MUNICIPALITIES WITHIN THE
COUNTY FOR THE PAYMENT OF VARIOUS MUNICIPAL
IMPROVEMENT FUNDS ANTICIPATED TO BE GENERATED
BY THE 2016 SPECIAL PURPOSE LOCAL OPTION SALES TAX
– BOARD OF COMMISSIONERS (CONT.)
Prior to the vote on the above motion, Commissioner Goreham stated that
she supports the SPLOST, but does not support this change to Exhibit A;
however, if she votes against this motion, she would therefore be voting
against the Intergovernmental Agreement, which she supports.
A copy of the Intergovernmental Agreement is on file in the Office of the
County Clerk.
VOTE: ADOPTED 4-1, Commissioner Ott opposed
15D. ADOPTION OF RESOLUTION IMPOSING A SPECIAL PURPOSE
LOCAL OPTION SALES TAX – BOARD OF COMMISSIONERS
MOTION: Motion by Lee, second by Cupid, to approve a Resolution
imposing a Special Purpose Local Option Sales Tax (SPLOST) to raise an
estimated $750,000,000.00 for the purposes of: unincorporated Cobb County
and Municipal parks, transportation, facilities, technology/capital equipment
and public safety improvements; authorize the execution of said Resolution;
authorize notification of the County Election Superintendent by forwarding
to the Superintendent a copy of the Resolution calling for the imposition of
the tax; and further authorize the Chairman to execute the necessary
documents. A copy of said resolution is on file in the Office of the County
Clerk.
VOTE: ADOPTED 4-1, Commissioner Ott opposed
16. FINANCE
16A. ADOPTION OF RESOLUTION ESTABLISHING THE 2014 COBB
COUNTY TAX LEVY FOR COUNTYWIDE MAINTENANCE AND
OPERATION OF SCHOOLS AND FOR SCHOOL
CONSTRUCTION PURPOSES AS REQUIRED BY LAW –
FINANCE
MOTION: Motion by Lee, second by Birrell, to adopt the Cobb County
Board of Education's resolution establishing the 2014 countywide school
tax for maintenance and operation of schools, 18.90 mills; countywide
school tax for construction bonds, 0.00 mills; Marietta property annexed
1995 through 2004, 0.00 mills as required by law; and authorize the
Chairman to execute the necessary documents. A copy of said resolution
is attached and made a part of these minutes.
VOTE: ADOPTED unanimously
Page 138 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 19
16. FINANCE (CONT.)
16B. ADOPTION OF RESOLUTION TO SET THE 2014 MILLAGE
RATE FOR THE GENERAL FUND, FIRE FUND, BOND FUND,
AND CUMBERLAND SPECIAL SERVICES DISTRICT II –
FINANCE
MOTION: Motion by Lee, second by Goreham, to adopt a resolution that
sets the 2014 millage rates for the Cobb County General Fund, Fire Fund,
Bond Fund and the Cumberland Special Services District II, as follows:
2014 TAX LEVY
COBB COUNTY, GEORGIA
BE IT RESOLVED that the Tax Levy (exclusive of a countywide school tax for maintenance and
operation of schools and for school construction bond purposes) for Cobb County as required by law,
shall be:
Item 1. A tax of 0.10 mills on the One Dollar ($1.00) is levied on all property in Cobb County to pay
the principal and interest on any debt of the State of Georgia.
Item 2. A tax of 0.33 mills on the One Dollar ($1.00) is levied on all property in Cobb County to
provide funds for the payment of principal and interest on the bonded indebtedness of Cobb County
due and to become due, including all bond issues heretofore voted by the electorate of Cobb County.
Item 3. A tax of 7.32 mills on the One Dollar ($1.00) is levied on all property in Incorporated Cobb
County: namely the cities of Acworth, Austell, Kennesaw, Marietta, Powder Springs, and Smyrna;
for general county purposes to provide funds for all purposes designated in the Constitution of the
State of Georgia of 1983 and particularly Article 9, Section 4, paragraphs I-III thereof and O.C.G.A.
Subsection 48-5-220, items (1) and (4) – (21) inclusive. The composite form of this levy for general
purposes is made under and by virtue of an Act approved February 8, 1955 (1955 Georgia Law, page
166).
Item 4. A tax of 7.32 mills on the One Dollar ($1.00) is levied on all property in Unincorporated
Cobb County for general county purposes to provide funds for all purposes designated in the
Constitution of the State of Georgia of 1983 and particularly Article 9, Section 4, paragraphs I-III
thereof and O.C.G.A. Subsection 48-5-220, items (1) and (4) – (21) inclusive. The composite form of
this levy for general purposes is made under and by virtue of an Act approved February 8, 1955
(1955 Georgia Law, page 166) and by virtue of O.C.G.A. Subsection 33-8-8.3.
Item 5. A tax of 3.06 mills on the One Dollar ($1.00) is levied on all property within the limits of the
Cobb County Fire Protection District as extended and provided by law, as authorized by
Constitutional Amendments as set forth in Georgia Law 1937-38 Extra Session, page 20, and 1952
Georgia Laws, page 516, and continued in effect at Georgia Law 1986, page 4501, together with such
other acts and laws as may be applicable.
Item 6. A tax of 2.70 mills on the One Dollar ($1.00) is levied on all property within the limits of the
Cumberland Special Service District II as authorized by and for all purposes designated in Article VI
of Chapter 114 of the Official Code of Cobb County, Georgia.
Exclusive of a countywide school tax for maintenance and operation of schools and for school
construction bond purposes.
Candace Ellison
County Clerk
Cobb County Board of Commissioners
VOTE: ADOPTED 4-1, Commissioner Ott opposed
Page 139 of 213
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
JULY 22, 2014
PAGE 20
17. APPOINTMENTS AND REAPPOINTMENTS TO THE KENNESTONE
HOSPITAL AUTHORITY
Chairman Lee announced that the following appointments/reappointments have
been approved by the Kennestone Hospital Authority at their July 7, 2014 meeting:
• Bob Prillaman was reappointed for a five year term to expire May 23,
2019.
• Janie Maddox was appointed for a term balance to expire May 23, 2019.
Said appointment replaces Tom Phillips.
• Randall Bentley, Sr. was reappointed for a five year term to expire May
23, 2019.
• Joan Bloom was appointed for a term balance to expire May 23, 2017.
ADJOURNMENT
The meeting was adjourned at 10:56 p.m.
____________________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 140 of 213
COBB COUNTY TRANSPORTATION AGENCY
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
Administration
1 To approve the revised budget and schedule for the 2005 Transportation Improvements Program, funded primarily by the 2005 Special Purpose Local Option Sales Tax.
Engineering
2 To approve a contract with Ohmshiv Construction, LLC, for construction of Clay Road Sidewalk, State Project No. CSTEE-0009-00(014), State P.I. No. 0009014, Cobb County Project No. D7210, MIS Contract No. 000583.
3 To approve Supplemental Agreement No. 1 to the contract with Parsons Transportation Group, Inc., to complete the design of roadway safety and operational improvements on West Sandtown Road, Phase 2, Project No. D6250, MIS Contract No. 000173.
4 To approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., for drainage system repairs on Brookside Drive, Project No. E2220, MIS Contract No. 000780.
5 To approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., for drainage system repairs on Lake Fjord Pass, Project No. E2490, MIS Contract No. 000775.
6 To authorize the purchase of stream mitigation credits from Mitigation Credit Sales, LLC, for stream impacts associated with Circle 75 Parkway Culvert Improvements, Project No. E2260.
7 To authorize the purchase of stream mitigation credits from Mitigation Credit Sales, LLC, for stream impacts associated with Six Flags Drive safety and operational improvements, Project No. E6080.
Traffic Operations
8 To authorize the procurement of office cubicles and furnishings to upgrade the Regional Transportation Management Center for Advanced Transportation Management Systems, Phase 5, Project No. D5090.
9 To authorize procurement of proprietary software and professional services for the upgrade and enhancement of the Cartegraph work and asset management software system, MIS No. 000815, and authorize the procurement of associated hardware and software, Project No. E5050.
Page 141 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To approve the revised budget and schedule for the 2005 Transportation Improvements Program, funded primarily by the 2005 Special Purpose Local Option Sales Tax.
BACKGROUND
The 2005 SPLOST Transportation Improvements Program (TIP) was adopted by the Board of Commissioners on June 14, 2005, and approved by the voters of Cobb County on September 20, 2005. On October 27, 1992, the Board of Commissioners approved the Budget Variance Procedure for the TIP. This procedure requires a budget for each project by phase of work as follows: Engineering, Right-of-Way, Construction, Utilities, and Miscellaneous. Additionally, expenses within a project cannot be authorized for payment above the approved project budget without Board approval for the transfer of additional budget funds from another source. All budget transfers within the TIP will be accomplished in compliance with these established procedures. On January 10, 2006, the Board adopted the initial budget for the 2005 SPLOST TIP and the initial project schedule was adopted on February 14, 2006. On March 13, 2007, August 14, 2007, February 12, 2008, March 10, 2009, August 25, 2009, February 23, 2010, October 26, 2010, June 14, 2011, July 24, 2012, and July 9, 2013, the Board approved adjustments to the 2005 SPLOST TIP budget and schedule. On August 26, 2008, the Board approved adjustments to the 2005 SPLOST TIP budget only.
Comm. Dist.
All
Agenda Item Number. 1
Page 142 of 213
The revised budget for the 2005 SPLOST TIP includes all projects approved at the inception of the program, all previous Board approved/new budget transfers and adjustments to various projects, and is funded primarily with 2005 SPLOST revenues and interest. Other revenue sources in the proposed budget include the Georgia Department of Transportation, the Cumberland Community Improvement District, the Town Center Area Community Improvement District, and miscellaneous revenues.
FUNDING Available in the 2005 SPLOST Transportation Improvements Program Fund per the adjustments in the attached 2005 SPLOST TIP Budget and Schedule.
RECOMMENDATION The Board of Commissioners approve the revised budget and schedule for the 2005 Transportation Improvements Program (TIP), funded primarily by the 2005 Special Purpose Local Option Sales Tax (SPLOST); and authorize the corresponding budget transactions.
ATTACHMENTS2005 SPLOST TIP Budget and Schedule to be provided under separate cover.
Agenda Item Number. 1
Page 143 of 213
2005 SPLOST TIP Budget and Schedule to be provided under separate cover.
Page 144 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To approve a contract with Ohmshiv Construction, LLC, for construction of Clay Road Sidewalk, State Project No. CSTEE-0009-00(014), State P.I. No. 0009014, Cobb County Project No. D7210, MIS Contract No. 000583.
BACKGROUND
Clay Road Sidewalk is an approved project in the Sidewalks Component of the 2005 SPLOST Transportation Improvements Program (TIP). This project consists of 1.63 miles of 5-foot wide sidewalk on the south side of Clay Road, from Austell Road to Mable Lake Drive. Two culverts will be extended to accommodate sidewalk across the Buttermilk Creek Tributary and the Clay Branch Creek Tributary. On August 12, 2008, the Board of Commissioners approved a Transportation Enhancement Memorandum of Understanding with the Georgia Department of Transportation (GDOT) for the Clay Road Sidewalk project. The Transportation Enhancement program is a federally funded program managed by GDOT. The goal of this program is to enhance transportation infrastructures through projects such as multi-use trails and paths, streetscapes, and historic preservation of transportation-related facilities and scenic byways.
Comm. Dist. 4
Agenda Item Number. 2
Page 145 of 213
On August 9, 2011, the Board approved an Agreement for Transportation Enhancement Activities with GDOT for the construction of Clay Road Sidewalk, State Project No. CSTEE-0009-00(014), State P.I. No. 0009014. Under the terms of the Agreement, GDOT will fund 80 percent of the construction costs, up to a maximum of $750,000.00. Cobb County is responsible for 20 percent of the construction costs, or $187,500.00, and 100 percent of all construction costs exceeding the State maximum. Funding for the County’s portion of costs is available in the 2005 SPLOST TIP Fund budget. The Invitation to Bid for this project was advertised in the Marietta Daily Journal on May 30, 2014, and on June 6, 13, and 20, 2014. Bids were received on June 26, 2014, from the following companies:
The low bid of $1,363,543.75 from Ohmshiv Construction, LLC, was reviewed and found to be reasonable and responsive. Bid tabulation consisted of $1,217,871.25 in roadway costs and $145,672.50 in Water System costs. The completion date for this project is 270 consecutive calendar days from issuance of the Notice to Proceed.
Company Bid Amount
Ohmshiv Construction, LLC $1,363,543.75
BES Design/Build, LLC $1,540,116.46
FUNDING
Available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfers:
Available in the Water System’s SPLOST Projects-Relocate Lines FY07 Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects-Relocate Lines
Transfer from: 340-050-7507-D721-8761-D7210-C (Preliminary Est.) $1,048,000.00
340-050-7507-D719-8761-D7190-C (Preliminary Est.) $ 169,871.25
Transfer to: 340-050-7507-D721-8762-D7210-C (Turnkey Const.) $1,217,871.25
FY07 Preliminary Estimates 510-500-5756-8005-W4069-Z$149,502.50
Agenda Item Number. 2
Page 146 of 213
Transfer to: Clay Road Sidewalk
Construction 510-500-5756-8260-W4272-C $145,672.50
Interest Expense on Retainage 510-500-5756-6613-W4272-A $ 730.00
Meter Purchase Replacement 510-500-5756-8265-W4272-M$ 200.00
Contingency 510-500-5756-8810-W4272-T $ 2,900.00
Total $ 149,502.50
RECOMMENDATION The Board of Commissioners approve a contract with Ohmshiv Construction, LLC, in an amount not to exceed $1,363,543.75, for construction of Clay Road Sidewalk, State Project No. CSTEE-0009-00(014), State P.I. No. 0009014, Cobb County Project No. D7210, MIS Contract No. 000583; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Agenda Item Number. 2
Page 147 of 213
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PROJECT:Clay Road SidewalkProject No. D7210
[
DATE:August 12, 2014
Cobb CountyDepartment of Transportation
LOCATION MAP
BeginProject
"""
k
EndProject
Notes: District 4Page 148 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To approve Supplemental Agreement No. 1 to the contract with Parsons Transportation Group, Inc., to complete the design of roadway safety and operational improvements on West Sandtown Road, Phase 2, Project No. D6250, MIS Contract No. 000173.
BACKGROUND
West Sandtown Road is an approved roadway safety and operational improvements project in the 2005 SPLOST Transportation Improvements Program (TIP). The project consists of providing engineering services to update the design of improvements to West Sandtown Road, from just south of Macland Road to just south of Mullins Pass/Sarina Drive. Proposed improvements include adding curb and gutter with associated drainage structures, five-foot wide sidewalks on both sides of the roadway, lane widening, traffic signal upgrades, and turn lanes, as warranted. The total project length is approximately 0.45 miles. On January 22, 2008, the Board of Commissioners approved a contract with Parsons Transportation Group, Inc., for the design of roadway safety and operational improvements for West Sandtown Road. On August 25, 2009, the Board approved the updated budget and schedule for the 2005 SPLOST TIP. Due to a projected shortfall of SPLOST revenue collections attributed to the economic recession, a portion of this project was deferred until funding became available to proceed. On July 9, 2013, the Board approved the updated budget and schedule for the 2005 SPLOST TIP, and re-established the budgets on projects which were previously deferred or delayed due to budget impacts resulting from decreased SPLOST revenue collections. West Sandtown Road
Comm. Dist.
1
Agenda Item Number. 3
Page 149 of 213
was one of these projects. Details for action requested are as follows: Additional services are needed to complete the engineering design of roadway safety and operational improvements on West Sandtown Road, Phase 2. Parsons Transportation Group, Inc., previously completed a major portion of the design work for the project prior to it being deferred; therefore, the Department is recommending approval of Supplemental Agreement No. 1 to the contract with Parsons Transportation Group, Inc., in an amount not to exceed $82,467.63, to complete the design for West Sandtown Road, Phase 2.
FUNDING Available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfers:
Transfer from: 340-050-7506-D625-8721-D6250-E (Preliminary Est.) $50,000.00
340-050-7506-D625-8761-D6250-C (Preliminary Est.) $32,467.63
Transfer to: 340-050-7506-D625-8722-D6250-E (Engineering) $82,467.63
RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 1 to the contract with Parsons Transportation Group, Inc., in an amount not to exceed $82,467.63, to complete the design of roadway safety and operational improvements on West Sandtown Road, Phase 2, Project No. D6250, MIS Contract No. 000173; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Agenda Item Number. 3
Page 150 of 213
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PROJECT:West Sandtown Road, Phase 2Project No. D6250
[
DATE:August 12, 2014
Cobb CountyDepartment of Transportation
LOCATION MAP
BeginProject
""""
k
EndProject
Notes: Commission District 1Page 151 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., for drainage system repairs on Brookside Drive, Project No. E2220, MIS Contract No. 000780.
BACKGROUND
Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Brookside Drive is classified as a local residential street on the County’s Major Thoroughfare Plan. The existing culvert crossing in the vicinity of 5866 Brookside Drive consists of one 36-inch corrugated metal pipe. The pipe invert had deteriorated, the headwalls were failing, and the roadway shoulders needed to be stabilized behind the headwalls. The project scope included replacing 20 feet of existing 36-inch corrugated metal pipe on the downstream end, lining the existing 36-inch corrugated metal pipe with "Cured-In-Place Pipe Lining", reattaching both headwalls, pressure grouting the voids around the pipe, and stabilizing the roadway shoulders. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. In an effort to ensure the most competitive pricing possible, current Unit Price Contractors were given the opportunity to offer quotes for this project, reflecting current market conditions. On April 22, 2014, the Board approved a contract with Chatfield Contracting, Inc., for drainage system repairs on Brookside Drive.
Comm. Dist. 4
Agenda Item Number. 4
Page 152 of 213
Details for action requested are as follows: Construction of the project is complete and Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., a savings to the project in the amount of $16,349.55, is requested due to variations between the original and final plan quantities, including underruns in construction allowance. These are the final changes necessary to close this contract with Chatfield Contracting, Inc.
Original Contract $ 86,080.00
Change Order No. 1 (final) ($16,349.55)
Revised Contract $ 69,730.45
FUNDING A savings to the 2011 SPLOST Transportation Improvements Program Fund.
Decrease GAE 345042214902: 345-050-E002-E222-8762-E2220-C (Turnkey Const.) $16,349.55
RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., a savings to the project in the amount of $16,349.55, for drainage system repairs on Brookside Drive, Project No. E2220, MIS Contract No. 000780; and authorize the Chairman to execute the necessary documents.
Agenda Item Number. 4
Page 153 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., for drainage system repairs on Lake Fjord Pass, Project No. E2490, MIS Contract No. 000775.
BACKGROUND
Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Lake Fjord Pass is classified as a local road on the County’s Major Thoroughfare Plan. The inlet of the 18-inch corrugated metal pipe has failed. This caused the shoulder to collapse adjacent to the roadway in the vicinity of 4890 Lake Fjord Pass, which needed to be repaired prior to scheduled roadway resurfacing. The Department recommended drainage improvements to include replacement of one section of 18-inch pipe, grading, reconstruction of the shoulder, and curb and gutter to improve drainage patterns. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. On November 26, 2013, the Board approved Project No. E2390-WO#02 to the 2013 Countywide Unit Price Contract with American Contractors Grading and Paving, Inc., for drainage system improvements on Lake Fjord Pass. During construction it was determined that the entire existing corrugated metal pipe drainage system had deteriorated beyond repair and would need to be replaced. Due to the significant increase in scope of work, American Contractors Grading and Paving, Inc., was directed to stabilize the disturbed area and demobilize from the site.
Comm. Dist. 2
Agenda Item Number. 5
Page 154 of 213
The Department recommended total drainage system replacement, to include construction of a new 24-inch reinforced concrete pipe cross drain, two catch basins, two headwalls, grading, reconstruction of the shoulder, and curb and gutter installation. In an effort to ensure the most competitive pricing possible, current Unit Price Contractors were given the opportunity to offer quotes for this project, reflecting current market conditions. On March 25, 2014, the Board approved a contract with Chatfield Contracting, Inc., for drainage system repairs on Lake Fjord Pass. Details for action requested are as follows: Construction of the project is complete and Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., a savings to the project in the amount of $19,741.92, is requested due to variations between the original and final plan quantities, including underruns in construction allowance and water system work. These are the final changes necessary to close this contract with Chatfield Contracting, Inc.
Original Contract $ 91,612.50
Change Order No. 1 (final) ($19,741.92)
Revised Contract $71,870.58
FUNDING
A savings to the 2011 SPLOST Transportation Improvements Program Fund.
A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers:
Decrease GAE 345032514505: 345-050-E002-E249-8762-E2490-C (Turnkey Const.) $12,675.92
Decrease GAE 510032514505: 510-500-5756-8260-W4313-C (Construction) $7,066.00
Transfer from:
Lake Fjord Pass Drainage
Construction Change Order No. 1 (final) 510-500-5756-8260-W4313-C $7,066.00
Interest on Retainage 510-500-5756-6613-W4313-A $ 45.00
Contingency 510-500-5756-8810-W4313-T $ 170.00
Total $7,281.00
Transfer to:
SPLOST Projects-Relocate Lines
Preliminary Estimates 510-500-5756-8005-W4069-Z $7,281.00
Agenda Item Number. 5
Page 155 of 213
RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., a savings to the project in the amount of $19,741.92, for drainage system repairs on Lake Fjord Pass, Project No. E2490, MIS Contract No. 000775; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 5
Page 156 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To authorize the purchase of stream mitigation credits from Mitigation Credit Sales, LLC, for stream impacts associated with Circle 75 Parkway Culvert Improvements, Project No. E2260.
BACKGROUND
Circle 75 Parkway Culvert Improvements is an approved drainage system improvements project in the 2011 SPLOST Transportation Improvements Program. This project consists of the repair of an existing drainage culvert under Circle 75 Parkway to include lining the failing triple 96-inch corrugated metal pipes with steel casing to re-establish the integrity of the pipes and minimize impacts to existing utilities and traffic. The upstream and downstream headwalls will also be reconstructed as a part of the project. The total project length is 500 feet. The proposed repairs will impact 144 linear feet of perennial and intermittent streams in the project area. Mitigation for the disturbance of streams is a requirement of the U.S. Army Corps of Engineers (USACE) Section 404 Nationwide Permits #14 and #33, which have been submitted for this project. It has been determined that on-site mitigation is not feasible. A purchase of 450.5 stream mitigation credits, in an amount not to exceed $15,767.50, from Wauka Mountain Bank, an approved USACE stream bank managed by Mitigation Credit Sales, LLC, has been determined to be the appropriate solution for the required stream mitigation.
Comm. Dist.
2
Agenda Item Number. 6
Page 157 of 213
FUNDING Available in the 2011 SPLOST Transportation Improvements Program with the following budget transfer:
Transfer from: 345-050-E002-E226-8761-E2260-C (Preliminary Est.) $15,767.50
Transfer to: 345-050-E002-E226-8722-E2260-E (Engineering) $15,767.50
RECOMMENDATION The Board of Commissioners authorize the purchase of stream mitigation credits from Mitigation Credit Sales, LLC, in an amount not to exceed $15,767.50, for stream impacts associated with Circle 75 Parkway Culvert Improvements, Project No. E2260; and authorize the corresponding budget transaction.
ATTACHMENTSLocation Map
Agenda Item Number. 6
Page 158 of 213
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PROJECT:Circle 75 ParkwayProject No. E2260
[
DATE:August 12, 2014
Notes: Commission District 2
Cobb CountyDepartment of Transportation
LOCATION MAP
k
ProjectLocation
Page 159 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To authorize the purchase of stream mitigation credits from Mitigation Credit Sales, LLC, for stream impacts associated with Six Flags Drive safety and operational improvements, Project No. E6080.
BACKGROUND
Six Flags Drive is an approved safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program. This project consists of the replacement of the triple 72-inch corrugated metal pipe culvert under Six Flags Drive with a double 7-foot by 6-foot concrete box culvert. The total project length is 0.69 miles. The proposed construction will impact 178 linear feet of perennial and intermittent streams in the project area. Mitigation for the disturbance of streams is a requirement of the U.S. Army Corps of Engineers (USACE) Section 404 Nationwide Permits #14 and #33, which have been submitted for this project. It has been determined that on-site mitigation is not feasible. A purchase of 837 stream mitigation credits, in an amount not to exceed $20,925.00, from Wehadkee Farms and Barnett Farms Bank, an approved USACE stream bank managed by Mitigation Credit Sales, LLC, has been determined to be the appropriate solution for the required stream mitigation.
Comm. Dist.
4
Agenda Item Number. 7
Page 160 of 213
FUNDING Available in the 2011 Transportation Improvements Program with the following budget transfer:
Transfer from: 345-050-E006-E608-8721-E6080-E (Preliminary Est.) $20,925.00
Transfer to: 345-050-E006-E608-8722-E6080-E (Engineering) $20,925.00
RECOMMENDATION The Board of Commissioners authorize the purchase of stream mitigation credits from Mitigation Credit Sales, LLC, in an amount not to exceed $20,925.00, for stream impacts associated with Six Flags Drive safety and operational improvements, Project No. E6080; and authorize the corresponding budget transaction.
ATTACHMENTSLocation Map
Agenda Item Number. 7
Page 161 of 213
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PROJECT:Six Flags DriveProject No. E6080
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DATE:August 12, 2014
Cobb CountyDepartment of Transportation
LOCATION MAP
BeginProject
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EndProject
Notes: Commission District 4
Location ofCulvert
Page 162 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 12, 2014
PURPOSE To authorize the procurement of office cubicles and furnishings to upgrade the Regional Transportation Management Center for Advanced Transportation Management Systems, Phase 5, Project No. D5090.
BACKGROUND
Advanced Transportation Management Systems (ATMS), Phase 5, is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component of the 2005 SPLOST Transportation Improvements Program. The construction of the Regional Transportation Management Center (RTMC) in 2010 enhanced the County’s ATMS by providing improved centralized monitoring and control of traffic signal systems, effective incident management and rapid communication of traffic conditions. The ATMS, Phase 5 project includes funding for procurement of additional cubicles for vacant office space in the Control Room to complete the build out and to provide adequate space for County staff. This area, on the first floor of the RTMC, was designed for office space but was not furnished when the building was opened in 2010. Details for action requested are as follows: The Department recommends procurement of five office cubicles for additional office space to include desks, chairs, and file cabinets, in an amount not to exceed $19,917.93. Established County purchasing procedures will be followed for these procurements, including utilization of State Contracts, as applicable.
Comm. Dist. 1
Agenda Item Number. 8
Page 163 of 213
FUNDING Funding is available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfer:
Transfer from: 340-050-7505-D509-8761-D5090-C (Preliminary Est.) $19,917.93
Transfer to: 340-050-7505-D509-8460-D5090-P (Office Furniture) $19,917.93
RECOMMENDATION The Board of Commissioners authorize the procurement of office cubicles and furnishings, in an amount not to exceed $19,917.93, to upgrade the Regional Transportation Management Center for Advanced Transportation Management Systems, Phase 5, Project No. D5090; and further authorize the corresponding budget transactions.
Agenda Item Number. 8
Page 164 of 213
Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director Ed Biggs, Acting Director, Information Services
This item has been electronically signed by:Faye DiMassimo, Director Ed Biggs, Acting Director
DATE: August 12, 2014
PURPOSE To authorize procurement of proprietary software and professional services for the upgrade and enhancement of the Cartegraph work and asset management software system, MIS No. 000815, and authorize the procurement of associated hardware and software, Project No. E5050.
BACKGROUND
Transportation Technology is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component in the 2011 SPLOST Transportation Improvements Program. This project includes upgrades and enhancements to the Cartegraph work and asset management software system. On August 26, 2003, the Board of Commissioners approved a contract with Cartegraph Systems, Inc., for implementation of the Department’s third generation work management system, which includes pavement asset management functionality. The Department has periodically upgraded the Cartegraph system to include, most recently, implementation of YourGov and remote access for traffic signal maintenance staff. The benefits of these upgrades have included improved citizen access and more efficient traffic signal maintenance. Details for action requested are as follows: The Department recommends upgrading to Operations Management System (OMS), Cartegraph’s current technology and software system. The Department also recommends an additional upgrade to unlimited licensing to continue to improve citizen access, asset management for the lowest life cycle cost for roadway pavement, and maintenance and work management.
Comm. Dist.
All
Agenda Item Number. 9
Page 165 of 213
Additional benefits include facilitating expansion of the system to other divisions within the Department and other departments in the County. The Water System currently utilizes Cartegraph on a limited basis, and the Parks, Recreation, and Cultural Affairs Department is considering implementing this system to make their work and asset management more efficient. The Department recommends procurement of professional services and proprietary software for the upgrade of the Cartegraph asset and work management system, at a cost not to exceed $238,700.00, and procurement of associated hardware and software, at a cost not to exceed $22,800.00. Established County purchasing procedures will be followed for these procurements, including utilization of State Contract, as applicable.
IMPACT STATEMENT Annual software renewal, maintenance, and support fees will increase from $45,000.00 to $83,400.00, beginning in FY16, due to an increase in the number of licenses. This cost is reflected in the Department’s FY15/16 Biennial Budget request.
FUNDING Available in the 2011 SPLOST Transportation Improvement Program Fund with the following budget transfers:
Transfer from: 345-050-E005-E505-8721-E5050-E (Preliminary Estimate) $261,500.00
Transfer to: 345-050-E005-E505-8675-E5050-P (Computer Software) $193,000.00
345-050-E005-E505-8420-E5050-P (Computer Hardware)$ 15,800.00
345-050-E005-E505-6326-E5050-O (Professional Services) $ 52,700.00
RECOMMENDATION The Board of Commissioners authorize procurement of proprietary software and professional services from Cartegraph Systems, Inc., in an amount not to exceed $238,700.00, for the upgrade and enhancement of the Cartegraph work and asset management software system, MIS Contract No. 000815; authorize the procurement of associated hardware and software, in an amount not to exceed $22,800.00, Project No. E5050; and authorize the corresponding budget transactions.
Agenda Item Number. 9
Page 166 of 213
COBB COUNTY PUBLIC SERVICES AGENCY
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
Parks, Recreation, and Cultural Affairs
1 To approve a contract with AllStar Lighting & Electrical Service, Inc. for the installation of new sports lighting poles, fixtures and related equipment to serve athletic field lighting at Milford Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.
2 To approve a contract with W. E. Contracting Company, Inc. for construction services related to redevelopment at Powder Springs Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.
Page 167 of 213
Cobb County Parks, Recreation & Cultural Affairs Eddie Canon, Director
1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813
TO: David Hankerson, County Manager
FROM: Eddie Canon, Director
This item has been electronically signed by:Eddie Canon, Director Jackie R. McMorris, Director of Public Services
DATE: August 12, 2014
PURPOSE To approve a contract with AllStar Lighting & Electrical Service, Inc. for the installation of new sports lighting poles, fixtures and related equipment to serve athletic field lighting at Milford Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.
BACKGROUND In 2002, Cobb County assumed ownership and operation of Milford Park located at Hicks Road, Marietta. A variety of improvements have been completed at the park since then, but additional work remains to be done to bring the park to current standards. This includes improvements to athletic field lighting and related electrical upgrades, which are an approved athletic field renovation component of the 2011 Parks, Recreation and Cultural Affairs SPLOST Program. The new poles and energy-efficient lights will provide brighter and more even coverage of the fields, increasing playability and safety. The project scope includes the replacement of seven existing wooden poles with new spun concrete poles, the installation of new energy efficient fixtures, related wiring and disconnects to serve the baseball fields, as well as installing new electrical conduit and wiring. Current overhead wiring in the park will be replaced by underground wiring. On April 1, 2013, following a competitive bidding process, the County approved a county-wide Annual Contract with AllStar Lighting & Electrical Service to cover light pole removal and replacement and related electrical materials and services. This contract was renewed on April 1, 2014. AllStar has presented a proposal totaling $101,652.00, which references approved unit prices for materials, equipment and labor, in order to complete the project scope. Because this expenditure will exceed $50,000.00 in SPLOST funding, Parks, Recreation and Cultural Affairs is requesting Board of Commissioners approval.
Comm. Dist.
4
Agenda Item Number. 1
Page 168 of 213
FUNDING Funding is available in the 2011 Parks, Recreation and Cultural Affairs SPLOST fund as follows: 345-105-E040-EP425 C-8024 (Milford Park Field Renovation) $101,652.00
RECOMMENDATION The Board of Commissioners approve a contract with AllStar Lighting & Electrical Service, Inc., in an amount not to exceed $101,652.00, for the installation of new sports lighting poles, fixtures and related equipment to serve athletic field lighting at Milford 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.
Agenda Item Number. 1
Page 169 of 213
Cobb County Parks, Recreation & Cultural Affairs Eddie Canon, Director
1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813
TO: David Hankerson, County Manager
FROM: Eddie Canon, Director
This item has been electronically signed by:Eddie Canon, Director Jackie R. McMorris, Director of Public Services
DATE: August 12, 2014
PURPOSE To approve a contract with W. E. Contracting Company, Inc. for construction services related to redevelopment at Powder Springs 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 Powder Springs Park, located at 3899 Brownsville Road, Powder Springs. This project is jointly funded by the County and the City of Powder Springs, with the County as the sponsor. Many of the features in the park were originally constructed in the mid 1970s, and have outlived their reasonable service life. The park is subject to flooding from the adjacent creek. Working with the City and with the volunteer athletic association active in the park, staff has identified a number of features to be redeveloped, and has included these on a newly prepared Master Plan for the park. These features include the redevelopment of the rear baseball fields into a five-field hub, construction of a new concession/restroom building and a new maintenance building, along with additional parking. Further, the swimming pool at the park will be demolished and replaced with a seasonal water feature at the nearby Wild Horse Creek Park. The updated facilities are intended to weather typical flooding events more efficiently and will provide a significant improvement for ball players, 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.
Comm. Dist.
4
Agenda Item Number. 2
Page 170 of 213
An Invitation to Bid for Construction Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on June 13, 20, 27 and July 4, 2014 in accordance with Purchasing Policies. Sealed Bids were received from two firms and opened on July 10, 2014. The bidders and their total base bid amounts were: Lovvorn Construction, Inc. $3,430,000.00 W. E. Contracting Company, Inc. $2,937,585.00
FUNDING Funding is available in the 2011 Parks, Recreation and Cultural Affairs SPLOST fund as follows:
345-105-E030-EP 337 C-8125 (Powder Springs Park Buildings) $ 652,118.86
345-105-E040-EP 441 C-8125 (Powder Springs Park Field Renovation) $ 902,886.14
345-105-E060-EP 610 C-8125 (City of Powder Springs) $1,292,710.00
345-105-E060-EP 610 E-8125 (City of Powder Springs) $ 89,870.00
RECOMMENDATION The Board of Commissioners approve a contract with W. E. Contracting, Inc., in an amount not to exceed $2,937,585.00, for construction services related to redevelopment at Powder Springs 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.
Agenda Item Number. 2
Page 171 of 213
COBB COUNTY SUPPORT SERVICES AGENCY
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
Property Management
1 To authorize the purchase of certain real property located at Old Highway 41 and Blue Springs Road in Acworth as a possible site for a new regional library, and authorize funding for inspection and evaluation of the property for suitability for the library.
Page 172 of 213
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
TO: David Hankerson, County Manager
FROM: John A. Reida, Director of Property Management Dr. Jackie McMorris, Director of Public Services Willie A. Hopkins, Director of Support Services
This item has been electronically signed by:John A. Reida, Director Willie A. Hopkins, Jr., Director of Support Services Jackie R. McMorris, Director of Public Services
DATE: August 12, 2014
PURPOSE To authorize the purchase of certain real property located at Old Highway 41 and Blue Springs Road in Acworth as a possible site for a new regional library, and authorize funding for inspection and evaluation of the property for suitability for the library.
BACKGROUND
Cobb County has been pursuing a location on which to build a new regional library that would accommodate the citizens of the cities of both Kennesaw and Acworth. The property located at the corner of Old Highway 41 and Blue Springs Road, approximately 6.01 acres in Land Lot 105, has been presented to Cobb County as a possible location for such a regional library. An agreement to buy the property pursuant to a Purchase and Sale Agreement has been reached with the seller at a purchase price of $800,000.00. Under the terms of the agreement, the County will have a period of 60 days after the contract is signed to perform inspections and investigations of the property to determine its suitability for construction of the library. The County may terminate the contract within the investigation period if it determines, in its sole discretion, that the property is not acceptable for the proposed use. Appropriated funds will be required to perform the investigations of the property. Such investigations will include a title examination and survey. An environmental Phase I and test borings of the property are necessary to determine whether positive sub soil conditions exist for construction of this regional library. It is anticipated that the total cost of the investigations will not exceed $50,000.00.
Comm. Dist.
All
Agenda Item Number. 1
Page 173 of 213
At the direction of the Board of Commissioners, Property Management will have an appraisal, title search, survey, Phase I environmental study, and test borings performed, along with any subsequent tests or inspections required to confirm that the property is suitable for construction of the library. Funding appropriated from prior year's fund balance.
FUNDING Increase Revenue: 010-014-0140-4981 (Gen. Fund Balance) $850,000.00 Increase Expenditure:010-080-1800-8015 (Site Acquisition) $850,000.00
RECOMMENDATION The Board of Commissioners authorize the purchase of certain real property, located at Old Highway 41 and Blue Springs Road in Acworth, in an amount not to exceed $800,000.00, pursuant to the Purchase and Sale Agreement attached; authorize funding, in an amount not to exceed $50,000.00, for inspection and evaluation of the property as a possible site for a new regional library; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 1
Page 174 of 213
COBB COUNTY COMMUNITY DEVELOPMENT AGENCY
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
Administration
1 To adopt a Resolution creating the Six Flags Area Special Services District for the provision of local government services and facilities therein and approval of the proposed amendments to Chapters 114 and 134 of the Official Code of Cobb County.
Page 175 of 213
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To adopt a Resolution creating the Six Flags Area Special Services District for the provision of local government services and facilities therein and approval of the proposed amendments to Chapters 114 and 134 of the Official Code of Cobb County.
BACKGROUND At various times throughout the year, the Board of Commissioners has directed the Community Development staff to prepare amendments to the Official Code of Cobb County in order to address concerns identified during the course of routine community development activities. Staff has further been directed to bring these amendments forward in a timely fashion. The Board of Commissioners has proposed the creation of a special district, the Six Flags Area Special Services District, for the provision of local government services and facilities therein. The Board of Commissioners also proposes to levy and collect an ad valorem tax, effective January 1, 2015, initially three and one-half (3.5) mils on real property within the district to fund, wholly or partially, services within the district and construction and maintenance of facilities therefore and will consider enactment of an ordinance to amend Chapter 114 of the Cobb County Code, by codifying such resolution as Article VII of said chapter. Upon the recommendation of staff, the Board of Commissioners conducted a second public hearing to consider the resolution and proposed amendments on July 22, 2014, but withheld approval of such for a final legal review. Staffs from the County Attorney’s Office and Community Development have reviewed both the resolution and the propsed amendments. The resolution is attached and the proposed amendments have been provided under cover.
FUNDING
N/A
Comm. Dist. 4
Agenda Item Number. 1
Page 176 of 213
RECOMMENDATION The Board of Commissioners adopt a Resolution creating the Six Flags Area Special Services District for the provision of local government services and facilities therein and approve the proposed amendments to Chapters 114 and 134 of the Official Code of Cobb County. ATTACHMENT
Proposed resolution and amendments provided under separate cover.
Agenda Item Number. 1
Page 177 of 213
COBB COUNTY FINANCE
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
Finance
1 To approve a short-term agreement with US Bank for depository and payment services for Stadium Construction Fund Requisitions to the Construction Manager at risk prior to the issuance of Stadium Bonds.
Page 178 of 213
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
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: August 12, 2014
PURPOSE To approve a short-term agreement with US Bank for depository and payment services for Stadium Construction Fund Requisitions to the Construction Manager at risk prior to the issuance of Stadium Bonds.
BACKGROUND On May 27, 2014, Cobb County entered into a Stadium Construction Management Agreement with American Builders 2017, A Joint Venture and a Development Agreement with the Atlanta Braves for the Construction of a new Braves Stadium to be ready for the 2017 baseball season. US Bank was selected as the Trustee to handle bond proceeds, CID Contributions, and Braves contributions for Construction Fund Requisitions from American Builders, the selected Construction Manager at Risk. These services to be provided by US Bank begin when the bonds are issued. Prior to the issuance of bonds it is the desire of all parties to execute payments in a manner that replicates processes required by agreements entered into that are required when the bonds are issued. US Bank has agreed to enter into an interim agreement to provide said services that will allow for project payments to be made to the Construction Manager at Risk for expenses incurred prior to the issuance of the bonds in the same manner as payments will be made after bond are issued. As stated in Article 2.5 of the Construction Administration Agreement “(i) prior to the Bond Transaction, ANLBC will provide the necessary funding to pay for all obligations of the "Owner" pursuant to and as required by the Stadium Construction Management Agreement ("Owner Obligations"), and the CM at Risk will look solely to the ANLBC for such Owner Obligations; and (ii) after the Bond Transaction, ANLBC will responsible for Owner Obligations in excess of the County Contribution, and the CM at Risk will look solely to ANLBC for such Owner Obligations.”
Comm. Dist.
All
Agenda Item Number. 1
Page 179 of 213
FUNDING N/A
RECOMMENDATION The Board of Commissioners approve a short-term agreement with US Bank for the handling and processing of all Stadium Construction Fund Requisitions prior to the issuance of the bonds, and authorize the Chairman to execute the necessary documents.
Agenda Item Number. 1
Page 180 of 213
COBB COUNTY COMMUNITY DEVELOPMENT HEARINGS
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 12, 2014
ITEM NO.
Community Development Hearings
1 To conduct a hearing for Kristen Broadway before the Cobb County Board of Commissioners regarding her application for a Cobb County Alcohol Permit.
2 To conduct a hearing regarding the application for a liquor, beer, wine, and Sunday sales pouring license for Fanatics Sports Bar, Inc., doing business as Fanatics Sports Bar, 6175 Mableton Pkwy., Mableton, GA, 30126, Clarence Clay, licensee.
3 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 Pouring License for Sportsline Bar & Grill, LLC, doing business as Sportsline Bar & Grill, located at 2359 Windy Hill Rd., Suite 120, Marietta, GA 30067, Darren Reed Joyner, licensee.
4 To request that an Appeal Hearing be conducted to determine if “due cause” exists to deny the 2014 Cobb County Occupation Tax Certificate for Carniceria El Tio, LLC, doing business as, Carniceria El Tio, located at 1391 Veterans Memorial Hwy., Suite 210, Mableton, GA 30126, Jaime Camarena, owner/applicant.
5 To request that a Show Cause Hearing be conducted to determine if “due cause” exists to suspend or revoke the Cobb County Taxi Cab Company Business License for Apple Taxi, LLC, doing business as Apple Taxi, located at 1175 Franklin Rd., Suite 105, Marietta, GA 30067, Yaser Ali, licensee.
Page 181 of 213
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To conduct a hearing for Kristen Broadway before the Cobb County Board of Commissioners regarding her application for a Cobb County Alcohol Permit.
BACKGROUND The application for an alcohol permit for Kristen Broadway was denied by the Cobb County Police Department on April 21, 2014. Ms. Broadway’s appeal of this decision was heard by the License Review Board on June 5, 2014. After considering all testimony and evidence presented, the License Review Board recommended approval of the alcohol permit for Ms. Broadway. On June 24, 2014 the Cobb County Board of Commissioners did not affirm the decision of the License Review Board by removing the item from the consent agenda, and the Business License Division was directed to schedule a hearing on August 12, 2014 for Ms. Broadway before the Board of Commissioners.
FUNDING N/A
RECOMMENDATION The Board of Commissioners afford Kristen Broadway a hearing for consideration of her alcohol permit.
ATTACHMENTSLetter from Cobb County Business License Division Manager including hearing procedures
License Review Board Minutes, June 5, 2014
License Review Board Questionnaire
Comm. Dist. 3
Agenda Item Number. 1
Page 182 of 213
Page 183 of 213
Page 184 of 213
Page 185 of 213
Cobb County License Review Board Approved: __________ Minutes of June 5, 2014 Date: ______________ The regular meeting of the Cobb County License Review Board was held Thursday June 5, 2014 in the Cobb County Bid Room 1772 County Services Parkway, Marietta, Georgia. Members Present: Milton Beck Jim Pehrson Judy Skeel Larry Walker Member(s) Absent: Eddie Canon County Attorney(s) Present: Sam Hensley, Jr. Police Department Representative(s) Present: Sgt. Bonnie Smith Business License Representative(s) Present: Sandra Richardson Ellisia Webb George Smith Meeting was called to order at: 3:05p.m.
APPEAL HEARING – ALCOHOL PERMIT – KRISTIN BROADWAY, WHILE WORKING AT TACO MAC, 600 CHASTAIN RD., SUITE 310,
KENNESAW, GA 30144
Ms. Broadway is requesting to appear before the Cobb County License Review Board to appeal the decision made by the Cobb County Police Department on April 21, 2014. This decision denied the alcohol permit for Kristin Broadway.
Motion: Pursuant to a motion by Judy Skeel and a second by Larry Walker the Cobb County License Review Board recommended APPROVAL of the alcohol permit for Kristin Broadway.
Vote: 3-1; Milton Beck opposed Eddie Canon was not present for the meeting.
Page 186 of 213
The cause of my denial of an alcohol permit is due to two DUI convictions in five years.
No, there were no extenuating circumstances to the offense.
1. What was the criminal offense(s) that caused the denial of the alcohol work permit?
2. Were there extenuating circumstances with the offense such as a wreck involved, violence involved, theft, confrontation with the police, etc.?
3. What type of sentence did you receive?
4. Have you completed the sentence?
5. Where do you live and with whom?
1 year of Misdemeanor Probation
The first DUI sentence, yes. The second DUI sentence, no.
I currently live in Kennesaw, GA. I currently pay for a one-bedroom apartment and live by myself.
6. How long has it been since the arrest?
The arrest occurred May 23, 2013. About a year has lapsed since the arrest.
7. How long has it been since the conviction?
I received the conviction April 15, 2014.
8. Where do you work?
I am currently employed at Taco Mac-Kennesaw.
9. Is it a bar? Nightclub? Restaurant?
Taco Mac is a family-friendly restaurant.
10. What type of position do you have with the establishment?
Work Permit Applicant: BROADWAY, KRISTIN GAIL
Permit Number: 136416
FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT
QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT
Cobb County License Review Board
COBB COUNTYCOMMUNITY DEVELOPMENT AGENCYP.O. Box 649Marietta, Georgia 30061-0649phone: (770) 528-8410Email: BLRenewal@cobbcounty.org
Sandra S. RichardsonBusiness License
Division Manager
PAGE: 1 7/31/2014 12:17:05 PM136416
APHR_ALCH_WKPERMIT_DENIAL
Page 187 of 213
I currently am working in the BOH kitchen as an expo. Previously, I was a server for 2 years at the same establishment. I moved to the BOH due to the suspension and denial of my liquor permit in September of 2013.
11. What are the policies and procedures of the establishment?
The policies and procedures of Taco Mac are given to employees at orientation when they are hired and are required a signature of understanding of the companies policies. They do not allow employees to drink alcohol nor use drugs before nor during a shift. Taco Mac also requires every person provide a government-issued I.D., no matter how old they look. Every guest must provide this to the servers, bartenders, and managers to receive an alcoholic beverage. Also, no guest with an expired I.D. may purchase an alcoholic beverage. If an employee violates these rules, it is an automatic termination with no re-hire. Taco Mac aims to provide guests a family-friendly atmosphere, they implement a maximum of six standard alcoholic beverages per guest rule. If a server/bartender were to over-serve a guest, they receive punishment of either a suspension for a first offense or termination for a second offense.
12. What type of training does the establishment have for employees?
13. Is this the primary source of income for you?
The type of training Taco Mac implements and encourages employees to do so are TIPS and ServSafe.
Yes, Taco Mac is the primary source of income for me.
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 have changed my lifestyle around, I do not drink nor abuse drugs. The ways I have done this is by having self-control and self-discipline. When I move to the BOH, I took a major pay decrease. This made me evaluate my life and where I want to be in the future. Drinking alcohol is something I no longer wanted in my life due to all the hardships it has brought on me. I changed friend circles, and began doing things that would be better me and my future.
15. Do you have a support mechanism such as family, friends, spouse, children, church, etc?
Family
16. Are you going to school?
Yes
17. If so, what is your grade point average?
3.0
18. What assurance can you provide the LRB that you will not sell/provide alcohol in violation of State or County Law?
I guarantee assurance to the LRB that I will not sell/provide alcohol in violation of State or County Law. Prior to the suspension, I have never sold to a minor nor violated any laws. Taco Mac has a policy that every guest that orders an alcoholic beverage must require a government issued I.D. no matter what age they look. Every guest must be provide an identification. Due to this policy, I have denied selling alcohol to minors as well as had management confiscate the I.D.`s that were provided. I also pay very good attention to expiration dates, that most people tend to forget to check. Taco Mac will not sell to any person that has an expired I.D., this information is provided in the handbook that I have signed.
19. Why should the LRB grant the permit?
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If willing to do so, the LRB shall grant me the permit due to my complete understanding of the selling/providing alcohol of State and County Laws. I have been employed by Taco Mac since January of 2011. During my time I have worked for Taco Mac, I have never had a write-up, suspension, nor termination due to the strict policies and procedures of alcohol sales. I have never had a suspension nor termination due to other offenses non-alcohol related.
20. What evidence can you provide the LRB that you understand State and County law regarding the sale and service of alcohol?
I have researched State and County law on the sale and service of alcohol. I fully understand the laws and regulations that have been put in place.
21. What has the impact been on you and the ones around you due to your criminal actions?
The DUI has impacted my life in every area. Due to the second DUI, I had to take a pay decrease and struggled to pay bills and make it through college. This has made me revaluate the direction I was going and whether or not if living that lifestyle was worth it. I have been working in the BOH for nearly eight months, and it has taught me so much self-discipline. I was unable to attend school the fall 2013 and spring 2014 semesters at Kennesaw State University due to the inability to provide for myself while working in the BOH and the hourly-pay I receive. The self-control I have learned will stay with me for the rest of my life. I have been very humbled. If I am granted the liquor permit, I will make nearly twice the pay I receive currently. My goals, if it shall be granted, are to pay for the sentencing requirements as well as save to attend my last year of school starting in the Fall of 2014.
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Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To conduct a hearing regarding the application for a liquor, beer, wine, and Sunday sales pouring license for Fanatics Sports Bar, Inc., doing business as Fanatics Sports Bar, 6175 Mableton Pkwy., Mableton, GA, 30126, Clarence Clay, 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 requirements are waived for the issuance of an alcoholic beverage license and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On June 26, 2014 the application for a Cobb County liquor, beer, wine, and Sunday sales pouring license for Fanatics Sports Bar, Inc., doing business as Fanatics Sports Bar, was originally denied by the Business License Division Manager. The location of Fanatics Sports Bar, Inc., doing business as Fanatics Sports Bar, 6175 Mableton Pkwy., Mableton, GA, 30126, does not meet the distance requirements to several residences and a church. In addition, opposition letters were received by the Business License Division. The appeal of the Business License Division Manager’s decision regarding Fanatics Sports Bar, Inc., doing business as Fanatics Sports Bar, was heard before the License Review Board on July 24, 2013. 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 Cobb County liquor, beer, wine, and Sunday sales pouring license for Fanatics Sports Bar, Inc., doing business as Fanatics Sports Bar. Pursuant to Section 6-90 of the Cobb County Code of Ordinances, as amended February 25, 2014, the District Commissioner has requested this matter be placed on the agenda for a hearing.
Comm. Dist. 4
Agenda Item Number. 2
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FUNDING N/A
RECOMMENDATION The Board of Commissioners conduct a hearing regarding the application for a liquor, beer, wine, and Sunday sales pouring license for Fanatics Sports Bar, Inc., doing business as Fanatics Sports Bar. ATTACHMENTS: (Provided Under Separate Cover) Letter from Business License Division Manager denying the alcohol beverage license for Fanatics Sports Bar, Inc. Questionnaire Survey Letter from Business License Division Manager, including hearing procedures Written opposition letters Written notification of the hearing before the Board of Commissioners to the opposing parties
Agenda Item Number. 2
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Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 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 Pouring License for Sportsline Bar & Grill, LLC, doing business as Sportsline Bar & Grill, located at 2359 Windy Hill Rd., Suite 120, Marietta, GA 30067, Darren Reed Joyner, licensee.
BACKGROUND On February 25, 2014, the Cobb County Business License Division Manager denied the 2014 Cobb County Liquor, Beer, Wine, and Sunday Sales Pouring License for Sportsline Bar & Grill, LLC, doing business as Sportsline Bar & Grill, 2359 Windy Hill Rd., Suite 120, Marietta, GA 30067. Mr. Joyner appealed this decision to the Cobb County License Review Board on June 5, 2014. After considering all evidence and testimony presented, the License Review Board upheld the denial of the liquor, beer, wine, and Sunday sales Pouring license for Sportsline Bar & Grill, LLC, doing business as Sportsline Bar & Grill, 1391 Veterans Memorial Hwy., Mableton, GA 30126. Darren Reed Joyner has appealed the License Review Board’s decision to the Board of Commissioners.
FUNDING N/A
Comm. Dist. 2
Agenda Item Number. 3
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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 Pouring License for Sportsline Bar & Grill, LLC, doing business as Sportsline Bar & Grill, located at 2359 Windy Hill Rd., Suite 120, Marietta, GA 30067, Darren Reed Joyner, licensee. ATTACHMENTS: (Provided Under Separate Cover) Appeal form filed by Sportsline Bar & Grille, LLC Letter from Business License Division Manager denying the alcohol beverage license for Sportsline Bar & Grille, LLC Letter from Business License Division Manager, including hearing procedures Food vs. Alcohol Affidavits 2010-2014
Agenda Item Number. 3
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Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To request that an Appeal Hearing be conducted to determine if “due cause” exists to deny the 2014 Cobb County Occupation Tax Certificate for Carniceria El Tio, LLC, doing business as, Carniceria El Tio, located at 1391 Veterans Memorial Hwy., Suite 210, Mableton, GA 30126, Jaime Camarena, owner/applicant.
BACKGROUND On April 1, 2014 the Cobb County Business License Division Manager denied the 2014 Occupation Tax Certificate for Carniceria El Tio, LLC, doing business as Carniceria El Tio, 1391 Veterans Memorial Hwy., Suite 210, Mableton, GA 30126. Mr. Camarena appealed this decision to the Cobb County License Review Board on May 8, 2014. After considering all evidence and testimony presented, the License Review Board upheld the denial of 2014 Occupation Tax Certificate for Carniceria El Tio, LLC, doing business as Carniceria El Tio, 1391 Veterans Memorial Hwy., Suite 210, Mableton, GA 30126. Jaime Camarena has appealed the License Review Board’s decision to the Board of Commissioners. This hearing was continued from the June 10, 2014 Board of Commissioners meeting.
FUNDING N/A
RECOMMENDATION
The Board of Commissioners conduct an Appeal Hearing to consider if “due cause” exists to deny the Cobb 2014 Cobb County Occupation Tax Certificate for Carniceria El Tio, LLC, doing
Comm. Dist. 4
Agenda Item Number. 4
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business as, Carniceria El Tio, located at 1391 Veterans Memorial Hwy., Suite 210, Mableton, GA 30126, Jaime Camarena, owner/applicant.
ATTACHMENTSAppeal Form filed by Carniceria El Tio, LLC, doing business as, Carniceria El Tio
Letter from Business License Division Manager denying the 2014 Cobb County Occupation Tax Certificate for Carniceria El Tio
Letter from the Business License Division Manager including hearing procedures
Agenda Item Number. 4
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Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 12, 2014
PURPOSE To request that a Show Cause Hearing be conducted to determine if “due cause” exists to suspend or revoke the Cobb County Taxi Cab Company Business License for Apple Taxi, LLC, doing business as Apple Taxi, located at 1175 Franklin Rd., Suite 105, Marietta, GA 30067, Yaser Ali, licensee.
BACKGROUND Attached are charges and specifications that serve as due cause to suspend or revoke the Cobb County Taxi Cab Company Business License for Apple Taxi, LLC, doing business as Apple Taxi.
FUNDING N/A
RECOMMENDATION The Board of Commissioners conduct a Show Cause Hearing to consider if “due cause” exists to suspend or revoke the Cobb County Taxi Cab Company Business License for Apple Taxi, LLC, doing business as Apple Taxi, Yaser Ali, licensee.
ATTACHMENTSLetter from the Business License Division Manager including procedures and charges and
specifications
Copy of Hand Delivery Receipt dated July 23, 2014
Comm. Dist. 2
Agenda Item Number. 5
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PUBLIC COMMENT (CONCLUSION OF MEETING)
AUGUST 12, 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.
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COMMISSIONERS' PUBLIC ADDRESS
AUGUST 12, 2014
(Per Section 2.01.01 of the Rules of Procedure of the Board)
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