Agenda 1-14-2014

January 14, 2014

TAB

REGULAR MEETING - CALL TO ORDER - 9:00 AM

PRESENTATIONS ...................................................................................................... 1

PUBLIC COMMENT .................................... ................................................................ 2

CONSENT ................................................................................................................... 3

TRANSPORTATION AGENCY ............................. ................................................... 4

PUBLIC SERVICES AGENCY . .......................... ....................................................... 5

SUPPORT SERVICES AGENCY .............................................................................. 6

BOARD OF COMMISSIONERS ..................................................................................... 7

PUBLIC COMMENT .................................... ................................................................ 8

APPOINTMENTS ...................................................................................................... 9

COMMISSIONERS' PUBLIC ADDRESS ..................... ............................................... 10

ADJOURN

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PRESENTATIONS

AGENDA COVER

REGULAR MEETING OF JANUARY 14, 2014

ITEM NO.

1 To present FY13 year-end results at the fund level from the audited Comprehensive Annual Report. (CAFR)

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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: January 14, 2014

PURPOSE To present FY13 year-end results at the fund level from the audited Comprehensive Annual Report. (CAFR)

BACKGROUND Each year the independent auditors for the County perform an audit of Cobb County’s financial position and results of operations. Once this is complete, the CAFR is finalized with auditor adjustments and published for distribution. The independent audit is required by code and the audit firm is competitively awarded based on the RFP process. Moore & Cubbedge, LLP is our current audit firm and has continued to serve the County well.

FUNDING N/A

RECOMMENDATION The Board of Commissioners allows a presentation of the FY13 year-end results at the fund level from the audited year-end results.

Comm. Dist.

All

Agenda Item Number. 1

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PUBLIC COMMENT (BEGINNING OF MEETING)

JANUARY 14, 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


ITEM NO.

WATER SYSTEM AGENCY Engineering

1 To approve a construction contract with Ray Campbell Contracting Co., Inc. for the Fraser Road Area Water Main Replacement, Program No.W2257.

2 To approve an addition to the list of Prequalified Contractors for water and sewer line installation.

TRANSPORTATION AGENCY Administration

3 To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Cedarcrest Road, State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, Cobb County Project No. D4070.

Planning

4 To approve a Memorandum of Agreement with the Atlanta Regional Commission regarding membership on the Regional Transit Committee.

5 To authorize advertisement for and conduct of a public hearing to secure transportation planning services for development of a Cumberland-Galleria circulator implementation plan, and to authorize issuance of a Request for Proposals for the transportation planning services.

PUBLIC SERVICES AGENCY Elections and Registration

6 To adopt a resolution to set the qualifying fees for each county office to be filled in 2014 and authorize the Director of Elections to publish such fees in the legal organ prior to February 1, 2014.

Library System

7 To authorize the expansion of service hours at all locations of the Cobb County Public Library System, effective January 6, 2014.

SUPPORT SERVICES AGENCY

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Property Management

8 To authorize renovations at the Cobb Community Transit Complex located on Commerce Park Drive.

9 To approve a contract with ICS Contracting for custodial services at the employee clinic.

PUBLIC SAFETY AGENCY Fire & Emergency Services

10 To authorize the acceptance of FY13 Homeland Security funds passed through the Georgia Emergency Management Agency/Homeland Security for continued enhancement of the Search and Rescue Team.

911 Emergency

11 To approve a license agreement between Cobb County and Cobb Electric Membership Corporation.

COMMUNITY DEVELOPMENT AGENCY Administration

12 To authorize the creation of a new Deputy Director position within the Community Development Agency to facilitate additional responsibilities, workload, and duties; and approve the operating budget to support the position.

Planning

13 To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 1.6 acres and 2.2 acres land use known as 1514, 1401 and 1445 Pebblebrook Road for the City of Smyrna.

14 To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 83.2 and 2.64 acres land use known as 1650 Cobb Parkway for the City of Kennesaw.

15 To adopt a resolution authorizing the submittal of an application on behalf of the Vinings Historic Preservation Society to the Department of Natural Resources’ Historic Preservation Division 2014 Historic Preservation Fund Grant for the purpose of stabilization and repair of the foundation of the circa 1870 Solomon and Penelopy Pace House located in Vinings.

Business License

16 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on December 19, 2013 by the License Review Board for Mark Stanga.

17To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a

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summary of the appeal hearing conducted by the License Review Board for 168 OEC Steakhouse, Inc., doing business as, 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House, 1690 Powder Springs Rd., Suite 214, Marietta, GA 30064, Qun Lin, licensee.

HUMAN RESOURCES

18 To approve a compensation policy for the Associate Judge of Probate Court.

19 To authorize creation and funding for one Human Resources Coordinator position in the Human Resources Department.

FINANCE

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

21 To approve additional recommended county reserves and authorize the appropriation of approved reserve funds into the FY 2014 budget.

COUNTY CLERK

22 To approve the minutes of the following meetings: December 17, 2013 - BOC Zoning Hearing December 19, 2013 - Agenda Work Session December 19, 2013 - Regular Meeting of the Board

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

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Cobb County Water System Stephen D. McCullers, P.E., Director

Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000


FROM: Stephen D. McCullers, P.E., Director

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


PURPOSE To approve a construction contract with Ray Campbell Contracting Co., Inc. for the Fraser Road Area Water Main Replacement, Program No.W2257.

BACKGROUND

The Fraser Road area is currently served by a 6-inch asbestos cement water main and 2-½-inch polyvinyl chloride (PVC) pipe which are subject to periodic failure and ongoing repair demands. The proposed project will address these deficiencies and bring the area up to current Water System standards. The project includes abandoning the use of the existing PVC and asbestos cement pipes and replacing with approximately 15,500 linear feet of 6-inch ductile iron pipe water main and all related appurtenances along Fraser Road, Ketchem Drive, Kenneth Street, and Beverly Road. Bids for construction were received December 12, 2013; results of the bid were as follows:

Ray Campbell Contracting Co., Inc. $ 934,890.00 D & H Construction Company $ 939,877.00 K. M. Davis Contracting Co., Inc. $ 952,385.00 T. J. Lyle & Co., Inc. $ 990,969.61 Tippins Contracting Co., Inc. $1,017,443.00The Dickerson Group, Inc. $1,017,930.00John H. Pruett Construction Co., Inc. $1,074,646.50Wade Coots Company, Inc. $1,100,094.00

Comm. Dist. 3


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FUNDING Funding is available in the Water System’s Fraser Road Area Water Main Replacement, Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2257. Transfer from: Fraser Road Area Water Main Replacement

Transfer to: Fraser Road Area Water Main Replacement

Preliminary Estimates 510-500-5754-8005 W2257-Z $968,590.00

Construction 510-500-5754-8260 W2257-C $934,890.00Interest Expense on Retainage510-500-5754-6613 W2257-A $ 4,700.00Materials & Supplies 510-500-5754-8265 W2257-M $ 10,000.00Contingency 510-500-5754-8810 W2257-T $ 19,000.00 Total $968,590.00

RECOMMENDATION The Board of Commissioners approve a construction contract with Ray Campbell Contracting Co., Inc., in the amount of $934,890.00, for Fraser Road Area Water Main Replacement, Program No. W2257, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap.


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Project: Fraser Road Area Water Main Replacement

Program Number: W2257

Land Lots: As Shown

District: 16th

Commission District: 3

Project

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Cobb County Water System Stephen D. McCullers, P.E., Director

Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000


FROM: Stephen D. McCullers, P.E., Director

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


PURPOSE To approve an addition to the list of Prequalified Contractors for water and sewer line installation.

BACKGROUND On July 12, 2005, the Board of Commissioners approved the revised Policy for Pre-Qualification of Contractors and authorized changes or additions to the list to be submitted to the Board of Commissioners on a quarterly basis. The qualifications of Garney Companies, Inc. were evaluated by the Water System staff during the previous quarter and this contractor has been found acceptable for addition to the Prequalified List.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve the addition of Garney Companies, Inc. to the Water System’s List of Prequalified Contractors.

Comm. Dist.

All


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Cobb County Department of Transportation Faye DiMassimo, Director

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


FROM: Faye DiMassimo, Director

This item has been electronically signed by:Faye DiMassimo, Director


PURPOSE To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Cedarcrest Road, State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, Cobb County Project No. D4070.

BACKGROUND

Cedarcrest Road, from the Cobb County/Paulding County line east to Governor's Towne Club Drive, is an approved thoroughfare improvements project in the 2005 SPLOST Transportation Improvements Program (TIP). This project is also an approved project in the Atlanta Regional Commission (ARC) PLAN 2040 Regional Transportation Plan and is designated as State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, ARC Project No. CO-344A. The project scope includes widening approximately one mile of existing two-lane roadway to a four-lane divided roadway with raised median. Additional rights-of-way and easements are needed to construct this project. Right-of-way funding for this project is available in the 2005 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.

Comm. Dist. 1


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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 one parcel on Cedarcrest Road, State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, Cobb County Project No. D4070; adopt a Resolution and Order in form substantially similar to the attached; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Resolution and Attachment 1 for Parcel 24


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PURPOSE To approve a Memorandum of Agreement with the Atlanta Regional Commission regarding membership on the Regional Transit Committee.

BACKGROUND

Established in January 2010, the Regional Transit Committee (RTC) is an official policy committee within the Atlanta Regional Commission (ARC) that serves as the successor to the Transit Implementation Board. The RTC is tasked with continuing dialogue regarding the governance, funding and coordination of existing and future transit service within the Atlanta region. In accordance with the RTC’s operational procedures, all members who choose to participate on the RTC in a voting capacity are required to financially support the operations of the committee. On February 23, 2010, the Board of Commissioners approved a Memorandum of Agreement (MOA) with the ARC regarding membership on the RTC, and authorized payment of a local contribution totaling $10,000.00. On December 6, 2011, the Board approved a MOA with the ARC which defined the roles and responsibilities of ARC and Cobb County as a voting member of the RTC in transit planning and coordination activities within the Atlanta Region. Local contribution dues for Cobb County’s participation on the RTC for the three year period from 2014-2016 total $15,000.00. Dues will be paid in annual installments of $5,000.00. Funding for the 2014 installment is designated and available in the FY14 General Fund Administration Unit approved budget. Funding for the 2015 and 2016 annual installments, not to exceed $5,000.00 each, will be included in the General Fund Administration Unit biennial budget request.

Comm. Dist.

All


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The MOA has been reviewed by the County Attorney’s Office.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve a Memorandum of Agreement (MOA) with the Atlanta Regional Commission (ARC) regarding membership on the Regional Transit Committee (RTC) for calendar years 2014-2016, in a form substantially similar to the attached and as approved by the County Attorney’s Office; and authorize the Chairman to execute the necessary documents.

ATTACHMENTSMemorandum of Agreement Regional Transit Planning Coordination and Cooperation

between the Atlanta Regional Commission and Cobb County


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Transportation Planning Coordination & Cooperation Memorandum of Agreement Page 1 of 4 Between the Atlanta Regional Commission and Cobb County

Memorandum of Agreement

Regional Transit Planning Coordination and Cooperation

between the Atlanta Regional Commission and Cobb County

SECTION 1: PURPOSE This Memorandum of Agreement (MOA) defines the roles and responsibilities of the Atlanta Regional Commission and Cobb County in the transit planning and coordination activities for the Atlanta region. The Atlanta Regional Commission (ARC) is the federally designated Metropolitan Planning Organization for the Atlanta Metropolitan Transportation Planning Area as well as the state designated Metropolitan Area Planning & Development Commission with the responsibilities of a Regional Commission. The ARC is composed of officials of political subdivisions and of private citizens representing districts of approximately the same population within the Atlanta metropolitan area as determined from time to time in accordance with the provisions of Chapter 8 of Title 50 of the official Code of Georgia Annotated. Such composition provides representation to local governments within the area. In 2004, ARC launched the Regional Transit Institutional Analysis (RTIA) to study the institutional challenges associated with the planning and provision of transit at the regional level. The RTIA led to the creation of the Transit Planning Board (TPB) in 2006, an interagency partnership between ARC, the Georgia Department of Transportation (GDOT), the Georgia Regional Transportation Authority (GRTA) and the Metropolitan Atlanta Rapid Transit Authority (MARTA). Following the sunset of the TPB in December 2008, the Transit Implementation Board (TIB) was created as an ad hoc committee of ARC. A primary task of the TIB was to develop and recommend a long term governance structure for regional transit planning and coordination. In September 2009, the TIB recommended the establishment of a Regional Transit Committee as a full policy committee of ARC. In December 2009, ARC, GDOT , GRTA and MARTA did amend their 2008 Quad Party Agreement (Memorandum of Agreement for Transportation Planning Coordination and Cooperation in the Atlanta Metropolitan Planning Area (MPA) between the Atlanta Regional

Commission, Georgia Department of Transportation, Georgia Regional Transportation

Authority, and Metropolitan Atlanta Rapid Transit Authority) to define their roles and responsibilities relative to a Regional Transit Committee. The RTC was implemented as a policy committee of the ARC in January 2010.

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SECTION 2: DEFINITIONS The following terms used in this MOA shall have the meanings set forth in this section and as now or hereafter defined in the referenced federal or state statutes or regulations:

A. Atlanta Regional Commission (ARC) means the multipurpose, comprehensive regional planning agency created pursuant to State law and designated as the planning agency for the 10 county Atlanta Region for all federal and state programs which require or encourage areawide planning. ARC is designated by the Governor of the State of Georgia as the Metropolitan Planning Organization for the 18-county Atlanta area pursuant to the Federal Aid Highway Act (23 U.S.C. § 101 et seq.), the Federal Transit Act (49 U.S.C. Appx § 1601 et seq) and other applicable federal and state laws.

B. Regional Transit Committee (RTC) means the policy committee of ARC responsible for regional transit coordination. . The RTC holds regularly scheduled meetings that are open to the public.

C. Regional Transportation Plan (RTP) means the financially balanced 20 year or more multimodal transportation plan that leads to the development of an integrated intermodal transportation system that facilitates the efficient movement of people and goods.

D. Transportation Improvement Program (TIP) means the financially balanced, staged, short-term, multi-year intermodal program of transportation projects covering a Metropolitan Transportation Planning Area which is consistent with the Regional Transportation Plan, and developed pursuant to 23 CFR 450.

E. Transportation & Air Quality Committee (TAQC) means the transportation policy committee of the ARC. TAQC serves as the body to develop consensus among the ARC, MARTA and GDOT regarding metropolitan or multi-jurisdictional transportation related policy matters potentially affecting the Area. TAQC shall transmit its recommendations directly to the Commission. TAQC holds regularly scheduled meetings which are open to the public.

F. Transportation Coordinating Committee (TCC) means the transportation technical committee of the ARC. TCC is responsible for providing local government input on planning issues and evaluating information in order to provide technical advice to TAQC. TCC holds regularly scheduled meetings which are open to the public.

SECTION 3: ORGANIZATIONAL ROLES & RESPONSIBILITIES A. ATLANTA REGIONAL COMMISSION (ARC), as the managing agency for the RTC,

shall be responsible for the following:

1. Provide administrative support for all aspects of the day-to-day operation of the RTC. This work includes (but is not limited to) regular communication with board members and stakeholders, scheduling of and preparation for board and committee meetings, coordination of staff resources between the RTC partner agencies, management of

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RTC consultants/contractors, and administration of the federal grants that support the work of the RTC.

2. Maintain and refine the adopted regional transit vision (Concept 3) and provide planning and technical support to both long-range and short-range transit planning initiatives around the region.

3. Facilitate discussion and coordination regarding legislative developments at the state and federal levels that impact regional transit planning and coordination activities in the Atlanta region.

4. Coordinate activities of the RTC with the ongoing RTP/TIP development and programming activities of ARC’s Transportation Access & Mobility Division, with RTC providing recommendations regarding the transit element of the RTP/TIP.

5. Oversee service coordination activities between the various transit operators in the Atlanta region through regular meetings of the Service Coordination Council of the RTC.

6. Coordinate activities related to the development of a regional fare policy in the Atlanta region for all existing and planned new transit agencies.

7. Coordinate activities of the RTC with the ongoing activities of ARC’s Transportation Access & Mobility Division regarding the planning and provision of Human Services Transportation (HST).

8. Establish performance measures for evaluation of regional transit services and create a data reporting structure for all regional transit operators. Publish summaries of the collected data in periodic reports on the state of the regional transit system.

9. Coordinate public engagement and outreach efforts related to the RTC and its activities.

10. Provide other assistance as mutually agreed upon.

B. COBB COUNTY, shall be responsible for the following:

1. Participate in the Atlanta regional transit planning and coordination process, with a voting member on the Regional Transit Committee.

2. Provide local funds to match available federal transportation planning funds, as determined annually by the RTC to be fair and reasonable (the “local share”). Failure to provide local matching funds for any year will cause the county’s status to change from a voting member to a non-voting member for that year or portion of year the local share is not made. For the calendar years 2014-2016, the County’s local share is $5,000 per year.

3. Coordinate with ARC, GDOT, GRTA, and MARTA on transit planning and coordination activities related to the mission of the RTC.

4. Provide other assistance as mutually agreed upon.

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SECTION 4: COMPLIANCE WITH APPLICABLE LAWS &

REGULATIONS All parties shall comply with all applicable local, state, and federal laws and regulations. Nothing in this MOA alters, or seeks to alter, the existing statutory authority of any party under state or federal law. If any of the provisions of this MOA are held to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 5: AMENDMENTS & MODIFICATIONS

Any party may request changes to this MOA at any time by written notice to the other party’s signatory of this agreement. Such changes as are mutually agreed upon by and between the parties shall be incorporated in written amendments to this MOA executed in the same manner as original MOA approval. Either party may terminate this agreement by giving 30 days notice to the other party.

SECTION 6: NOTIFICATION

Any official notifications between the parties to this MOA that would substantially affect the terms or conditions of this MOA shall be directed to the office of the signatories to this agreement.

In witness whereof, the parties hereto have executed this Memorandum of Agreement, this

______ day of January, 2014.

Attest: Atlanta Regional Commission

_________________________________ _______________________________________

Director

Attest: Cobb County

_________________________________ _______________________________________

County Commission Chair

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PURPOSE To authorize advertisement for and conduct of a public hearing to secure transportation planning services for development of a Cumberland-Galleria circulator implementation plan, and to authorize issuance of a Request for Proposals for the transportation planning services.

BACKGROUND

The Cumberland-Galleria area is a major employment and residential activity center with significant growth potential. Transportation infrastructure and services are critical for managing traffic congestion and facilitating economic development. In addition to planned and programmed transportation improvements, there is a need to develop a Cumberland-Galleria circulator implementation plan. The Cumberland Community Improvement District (CCID) studied the potential of a circulator system in 2002 and 2007. A new circulator implementation plan builds on prior efforts and recognizes the changing development trends in the area. A circulator will enhance existing transit services and reduce traffic congestion, providing reliable access among offices, shopping, and residences. The Department anticipates awarding a contract for this project that could exceed $100,000.00, and therefore requests that the Board of Commissioners authorize the advertisement of a public hearing prior to expending these funds. According to the State of Georgia code, the Board is required to conduct a public hearing prior to expending funds of $100,000.00 or more to employ an independent consulting firm to conduct an independent study or survey.

Comm. Dist.

All


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The Department also requests authorization to issue a Request for Proposals for this project utilizing Selection Process 1 (Competitive Negotiations) of the Policy for Procurement of Professional Services, as amended by the Board on December 20, 2011.

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize advertisement for and conduct of a public hearing to secure transportation planning services for development of a Cumberland-Galleria circulator implementation plan, and authorize issuance of a Request for Proposals in accordance with Selection Process 1 (Competitive Negotiations).


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Cobb County Board of Elections & Registration Janine Eveler, Director

736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org

Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes


FROM: Janine Eveler, Director

This item has been electronically signed by:Janine Eveler, Director


PURPOSE To adopt a resolution to set the qualifying fees for each county office to be filled in 2014 and authorize the Director of Elections to publish such fees in the legal organ prior to February 1, 2014.

BACKGROUND

The following offices are to be filled in 2014:

OFFICE SALARY QUALIFYING FEE

Solicitor General $140,905.00 $4,227.15

State Court Judge $161,662.00 $4,849.86

State Court Judge, Division II $139,162.00 $4,174.86

County Commissioner $ 42,582.59 $1,277.48

County School Board $ 19,000.00 $ 570.00

Comm. Dist.

All


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O.C.G.A. 21-2-131 (a) states that qualification fees for each county office shall be fixed and published by the governing authority of the county no later than February 1 of the year in which a general primary, nonpartisan election, or general election is to be held. Except as otherwise provided in subparagraph (B) of this paragraph, such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office.

FUNDING No funding is required for fixing the qualifying fee, only for the advertisement in the county legal organ.

RECOMMENDATION The Board of Commissioners adopt a resolution to set the qualifying fees for each county office to be filled in 2014, and authorize the Director of Elections to publish said fees in the legal organ prior to February 1, 2014.

ATTACHMENTSResolution


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RESOLUTION

TO FIX AND PUBLISH A QUALIFYING FEE

FOR EACH COUNTY OFFICE TO BE FILLED

IN THE UPCOMING PRIMARY OR ELECTION

(PER O.C.G.A. 21-2-131)

WHEREAS, the Official Code of Georgia, Annotated, Section 21-2-131, does require the governing authority of Cobb County, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held, to fix and publish a qualifying fee for each County office to be filled in the upcoming primary or election. THEREFORE BE IT RESOLVED, that the Board of Commissioners, as the governing authority of Cobb County, does hereby fix a qualifying fee for the County offices to be filled in the upcoming primary or election. Said qualifying fees shall be determined as set forth in O.C.G.A. 21-2-131. The following County offices for which the qualifying fees shall apply have been provided by the Cobb County Director of Elections:

Annual Salary Qualifying fee Solicitor General $ 140,905.00 $ 4,227.15 State Court Judge $ 161,662.00 $ 4,849.86 State Court Judge, Division II $ 139,162.00 $ 4,174.86 County Commissioner $ 42,582.59 $ 1,277.48 County School Board $ 19,000.00 $ 570.00 BE IT FURTHER RESOLVED, that the Board of Commissioners does hereby direct the Director of Elections to publish a notice of said qualifying fees in the official organ of the County prior to February 1, 2014. So adopted this _____________ day of ________________________, 2014. _______________________ Candace W. Ellison, Clerk Cobb County Board of Commissioners

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Cobb County Public Library System Helen Poyer, Director

266 Roswell Street Marietta, Georgia 30060-2004 (770) 528-2318 / fax: (770) 528-2349


FROM: Helen Poyer, Director

This item has been electronically signed by:Helen Poyer, Director


PURPOSE To authorize the expansion of service hours at all locations of the Cobb County Public Library System, effective January 6, 2014.

BACKGROUND

As a result of budget reductions in 2011, the Cobb County Public Library System was required to reduce service hours at all 16 library locations. The library system is an active community center where neighbors, friends, and families can meet and enjoy services that enhance the quality of life. Over 300,000 Cobb citizens have library cards. The resulting 2012 reduction in service hours limited Cobb citizens’ access to valuable services, such as public meeting space, public computers, library collections, and programs.

Though 2012-2013 fiscal year budget funding was available to staff multiple part-time positions, the Cobb County Public Library System maintained reduced access hours in an effort to respond to budgeting concerns. As a result, there was a delay in staffing of the open positions. The approved funding was set aside for staffing of those unfilled positions to be completed at a later time. In June, 2013, a request was approved for release of the previously approved 2012-2013 fiscal year budget funding, which resulted in staffing of 17 open part-time positions. This additional staffing allowed the expansion of Monday through Wednesday access by one additional evening hour for all branches. The Acworth, Lewis A. Ray and Sibley branches will restore Saturday hours from 1:00 pm to 6:00 pm, but will now be closed on Thursdays, with January 3, 2014 being their final Thursday, and they will remain closed on Fridays. Sweetwater Valley Library will remain closed on Saturdays and their Thursday hours will be 1:00 pm to 6:00 pm, opening two hours later under this new schedule. In September 2014, Sunday hours will be restored at the Switzer Library.

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These new expanded library hours are effective January 6, 2014, and specific library branch hours are reflected in the attachment. The updated hours will result in better availability for the public.

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize the expansion of service hours at all locations of the Cobb County Public Library System beginning January 6, 2014, as reflected in the attached library branch schedule.

ATTACHMENTSNew Cobb Library Hours


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Cobb County Public Library System

New Library Hours of Operation to take effect on Monday January 6, 2014

Library Monday Tuesday Wednesday Thursday Friday Saturday

Switzer 10:00-9:00 10:00-9:00 10:00-9:00 11:00-6:00 11:00-6:00 11:00-6:00

Acworth 10:00-7:00 10:00-7:00 10:00-7:00 CLOSED CLOSED 1:00-6:00

East Cobb 10:00-9:00 10:00-9:00 10:00-9:00 11:00-6:00 11:00-6:00 11:00-6:00

East Marietta 10:00-8:00 10:00-8:00 10:00-8:00 11:00-6:00 11:00-6:00 1:00-6:00

Gritters 10:00-8:00 10:00-8:00 10:00-8:00 11:00-6:00 11:00-6:00 1:00-6:00

Kemp Memorial 10:00-8:00 10:00-8:00 10:00-8:00 11:00-6:00 11:00-6:00 1:00-6:00

Kennesaw 10:00-8:00 10:00-8:00 10:00-8:00 11:00-6:00 11:00-6:00 1:00-6:00

Lewis A. Ray 10:00-7:00 10:00-7:00 10:00-7:00 CLOSED CLOSED 1:00-6:00

Mountain View

Regional 10:00-9:00 10:00-9:00 10:00-9:00 11:00-6:00 11:00-6:00 11:00-6:00

Powder Springs 10:00-8:00 10:00-8:00 10:00-8:00 11:00-6:00 11:00-6:00 1:00-6:00

Sweetwater Valley 10:00-7:00 10:00-7:00 10:00-7:00 1:00-6:00 CLOSED CLOSED

Sibley 10:00-7:00 10:00-7:00 10:00-7:00 CLOSED CLOSED 1:00-6:00

South Cobb Regional 10:00-9:00 10:00-9:00 10:00-9:00 11:00-6:00 11:00-6:00 11:00-6:00

Stratton 10:00-8:00 10:00-8:00 10:00-8:00 11:00-6:00 11:00-6:00 1:00-6:00

Vinings 10:00-8:00 10:00-8:00 10:00-8:00 11:00-6:00 11:00-6:00 1:00-6:00

West Cobb Regional 10:00-9:00 10:00-9:00 10:00-9:00 11:00-6:00 11:00-6:00 11:00-6:00

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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


FROM: John A. Reida, Director of Property Management Willie A. Hopkins, Jr., Director of Support Services Faye DiMassimo, Director of Department of Transportation

This item has been electronically signed by:John A. Reida, Director Faye DiMassimo, Director Willie A. Hopkins, Jr., Director of Support Services


PURPOSE To authorize renovations at the Cobb Community Transit Complex located on Commerce Park Drive.

BACKGROUND

Cobb Community Transit (CCT) moved their administration, operation, and maintenance facilities to 463 Commerce Park Drive in 2001. The CCT Complex includes several suites housing administrative and contracted operations staff, as well as several out-buildings that house equipment for the daily washing, fueling and servicing of all buses. A new Mobility Center to support mobility operations and maintenance activities has also recently been constructed. Routine repairs and renovations have been made to various areas of the CCT complex as needed. The Departments have identified additional renovations and upgrades that need to be made to the CCT complex to enhance operations and the safety of employees and customers visiting the facilities. With the construction of the Mobility Center, new wayfaring signage is needed to provide visitors with clear directions to the various buildings/locations. Recommended renovations also include the installation of security camera equipment to the exterior of the Administration building, compatible to the security system installed at the recently constructed Mobility Center.

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On July 23, 2013, the Board of Commissioners approved the installation of two new stationary vaults and the disposal of the two existing old vaults located in the fuel island building. Additional renovations are needed to upgrade and secure the interior of the fuel island building. Recommended renovations include replacement/upgrade of lighting, wall panels, floors, ceilings, cabinets, etc. Renovations will also include replacement and upgrade of the security camera system. Property Management has estimated an approximate construction budget of $60,000.00 to perform the identified renovations, utilizing outside contractors. All services and materials for the approved renovations will be procured in accordance with both Cobb County Purchasing Department policies and procedures and Federal Transit Administration (FTA) procurement procedures. The Departments further recommend that the security camera system installation/upgrades for the Administration building exterior and fuel island building interior be procured through a proprietary/sole source contract with Controlled Access, Inc., the contractor who installed the security camera system in the new Mobility Center building. This will ensure that the entire security camera system for the CCT Complex can be managed on one system, and activities can be monitored and viewed from one central location accessible to authorized CCT staff. Funding for the requested renovations is available through existing FTA Section 5307 grants, as previously approved and appropriated by the Board. Federal funding will provide 80 percent of the total cost of the renovation project, not to exceed $48,000.00. The 20 percent local match required, not to exceed $12,000.00, is available in the approved Transit Capital Projects Fund budget.

FUNDING Available in the FY14 approved Transit Capital Projects Fund budget with the following budget transfers: Transfer from: 202-050-4826-8005 $60,000.00 Transfer to: 202-050-4826-6148 $ 1,285.64

202-050-4826-6258 $ 1,770.00202-050-4826-6326 $ 1,289.23202-050-4826-8110 $39,250.13202-050-4826-8481 $16,405.00

RECOMMENDATION The Board of Commissioners authorize renovations at the Cobb Community Transit Complex located on Commerce Park Drive, in an amount not to exceed $60,000.00; and further authorize the corresponding budget transactions.


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FROM: John A. Reida, Director of Property Management Tony Hagler, Director of Human Resources Willie A. Hopkins Jr., Director of Support Services

This item has been electronically signed by:John A. Reida, Director Tony Hagler, Director Willie A. Hopkins, Jr., Director of Support Services


PURPOSE To approve a contract with ICS Contracting for custodial services at the employee clinic.

BACKGROUND

The County is constructing a new health clinic at 1150 Powder Springs Street. This facility will be used as a health clinic for Cobb County employees and will need to be cleaned and disinfected in a manner that would require the services of a qualified contractor. Disposal of sharps and hazardous materials will be handled by the operators of the clinic. Property Management worked with the Purchasing Department to request pricing for this service from ICS Contracting, the contractor holding the annual master agreement with the County. This service can be provided for $725.00 per month. The pricing is based on a review by our department and the contractor of the scope of services required at this location. Based on these considerations the pricing was determined utilizing the annual master contract. Implementation would be expected to begin February 1, 2014, in order to properly prepare the new facility for opening in a clean and sterile environment for treatment. The cost for eight months, the balance of this fiscal year, is $5,800.00. Full year service in future fiscal years will be $8,700.00.

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FUNDING Funding is available with the following budget transactions that transfer funding from the Health Claims Fund to the General Fund's Custodial Services: Appropriate (increase) Health Claims Fund's Fund Balance Revenue 700-095-8012-4980 $5,800.00 Appropriate (increase) Health Claims Fund's Transfers-out Expenditure 700-095-8012-6594 $5,800.00 Increase Property Management's Transfers-in Revenue 010-110-3640-4960 $5,800.00 Increase Property Management's Custodial Services (Annual Maintenance) Expenditure 010-110-3640-6491 $5,800.00

RECOMMENDATION The Board approve a contract with ICS Contracting, in the amount of $5,800.00, for the remainder of fiscal year 2014 for custodial services at the employee clinic, located at 1150 Powder Springs Street, Marietta; and further authorize the corresponding budget transactions.


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Cobb County Fire & Emergency Services Sam D. Heaton, Fire Chief

1595 County Services Pkwy Marietta, Georgia 30008-4021


FROM: Jack Forsythe, Public Safety Director Sam D. Heaton, Fire Chief

This item has been electronically signed by:Sam Heaton, Fire Chief Jack Forsythe, Director of Public Safety


PURPOSE To authorize the acceptance of FY13 Homeland Security funds passed through the Georgia Emergency Management Agency/Homeland Security for continued enhancement of the Search and Rescue Team.

BACKGROUND

In 2004, the Cobb Board of Commissioners authorized Cobb Fire and Emergency Services (CCFES) to enter into an agreement with the Georgia Office of Homeland Security/Emergency Management Agency (OHS/GEMA) to become a member agency for a newly created regional response Search and Rescue Team. These regional teams identified throughout the State of Georgia are funded to provide response to large scale incidents requiring technical search and rescue capabilities. This effort is supported through federal grant funds, and provides equipment, training, and maintenance to those member agencies which host the vehicles and equipment purchased with those initial 2004 funds. As a member and host agency, CCFES was awarded initial and ongoing annual grants for the equipment and vehicle now owned, housed, and maintained by Cobb County.

On November 12, 2013, the Board of Commissioners authorized CCFES to make application for a portion of the FY 2013 $280,000 in funding available to agencies within Georgia. OHS/GEMA has again awarded $19,320.00 from this fund to CCFES for this purpose. Once authorized to accept this award, the annual Memorandum of Understanding will be forthcoming. This MOU has been previously approved as to form by the Cobb County Attorney, and will be forwarded upon arrival again for this purpose.

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IMPACT STATEMENT There is no local match requirement. Pursuant to the ongoing agreement approved by the Board of Commissioners to provide regional search and rescue response upon request.

FUNDING Increase revenue: 270-130-G281-4493 (GEMA) $19,320.00 Increase expense: 270-130-G281-6207 (Safety Supplies) $19,320.00

RECOMMENDATION The Board of Commissioners authorize the acceptance of FY13 Homeland Security funds passed through the Georgia Emergency Management Agency (GEMA), in the amount of $19,320.00, for continued enhancement of the Search and Rescue Team, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.


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Cobb County 911 Emergency Communications Ann Flynn, Emergency Communications Director

140 North Marietta Parkway Marietta, Georgia 30060-1454


FROM: Jack Forsythe, Director of Public Safety Ann Flynn, Emergency Communications Director

This item has been electronically signed by: Ann Flynn, Emergency Communications Director Jack Forsythe, Director of Public Safety


PURPOSE To approve a license agreement between Cobb County and Cobb Electric Membership Corporation.

BACKGROUND The Cobb Electrical Membership Corporation (EMC) requests to enter into agreement with Cobb County for the placement of communication equipment at the Lost Mountain public safety radio tower. The agreement would also authorize Cobb EMC to build a small building and place a generator within the fenced property of that location. The agreement includes all equipment and connectivity to the Cobb County 800 Mhz radio system, allowing interoperable communications between the utility company and emergency first responders.

The agreement is for a term of five (5) years at an annual cost of $26,897.28. The revenue received from this agreement will be used for 800 Mhz system maintenance and repair expenses with the County Manager’s approval.

FUNDING Funding will be appropriated as received as follows:

Increase Revenue Rental - Real Estate/Equipment 010-130-1900-4870

Increase Expense Standard Reserve Contingency 010-130-1900-8818

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RECOMMENDATION The Board of Commissioners approve the license agreement with Cobb Electrical Membership Corporation, authorize the corresponding budget transactions to include all subsequent on-going revenues with the corresponding expense as the revenue is received, and further authorize the Chairman to execute the necessary documents. ATTACHMENT License Agreement with Cobb Electrical Membership Corporation to be provided under separate cover.


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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


FROM: Rob Hosack, AICP, Director

This item has been electronically signed by:Rob Hosack, AICP, Director


PURPOSE To authorize the creation of a new Deputy Director position within the Community Development Agency to facilitate additional responsibilities, workload, and duties; and approve the operating budget to support the position.

BACKGROUND Over the years, the Community Development Agency has assumed a number of responsibilities related to revitalization and redevelopment efforts, including support and administration of the South Cobb Redevelopment Authority. These new responsibilities have also led to the agency performing a number of “in house” studies, inventories and corridor plans focusing on revitalization and redevelopment, as well as managing outside consultants for more specialized revitalization efforts such as form based redevelopment regulations and land use coordination with Dobbins Air Reserve Base. It is anticipated that the agency will play a key role in upcoming Service Delivery Strategy updates, and will continue to implement the South Cobb Implementation Strategy, as approved by the Board of Commissioners. As described, these additional responsibilities, combined with the agency’s succession planning efforts necessitate the creation of a Deputy Director to oversee all of the agency’s planning and redevelopment efforts and to become oriented with the complexities of the agencies divisions and missions.

IMPACT STATEMENT

The full-year cost of this new position is $150,001.71. The future funding for this new position will be included in the FY 2015 Recommended Budget and beyond.

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FUNDING Funding is available in FY 2014 with the following budget transfer:

From: 010-015-0145-8820 (Undesignated Contingency) $95,130.28

To: 010-030-0310-6012 (Salary) $71,696.90

010-030-0310-6032 (Disability) $258.11

010-030-0310-6034 (FICA) $5,484.81

010-030-0310-6036 (Medical) $4,440.06

010-030-0310-6038 (Life Insurance) $286.79

010-030-0310-6044 (Retirement) $11,743.95

010-030-0310-6052 (Worker’s Comp) $940.66

010-030-0310-6054 (Dental) $279.00

RECOMMENDATION The Board of Commissioners authorize the creation of a new Deputy Director position, grade 64 within the Community Development Agency, effective January 5, 2014, to facilitate additional responsibilities, workload; and duties; approve the operating budget to support the position; and further authorize the corresponding budget transfers.


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PURPOSE To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 1.6 acres and 2.2 acres land use known as 1514, 1401 and 1445 Pebblebrook Road for the City of Smyrna.

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 response per HB 489 Intergovernmental Agreement and HB 2 regarding 1.6 acres land use known as Parcel # 17054300020 of Land Lot 543 District 17th, 2nd Section, known as 1514 Pebblebrook Road. Also 2.2 acres Parcels# 17053400070, 17054300060 of Land Lot 542 and 543 District 17th, 2nd Section, 1401 and 1445 Pebblebrook Road for the City of Smyrna.

ATTACHMENTSBOC Response Letter to City of Smyrna

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PURPOSE To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 83.2 and 2.64 acres land use known as 1650 Cobb Parkway for the City of Kennesaw.

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 response per HB 489 Intergovernmental Agreement and HB 2 regarding 83.2 and 2.64 acres land use known as Parcels 6 and 487 of Land Lots 207, 280, 211 and 212 District 20th, 2nd Section, known as 1650 Cobb Parkway for the City of Kennesaw.

ATTACHMENTSBOC Response Letter to City of Kennesaw

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PURPOSE To adopt a resolution authorizing the submittal of an application on behalf of the Vinings Historic Preservation Society to the Department of Natural Resources’ Historic Preservation Division 2014 Historic Preservation Fund Grant for the purpose of stabilization and repair of the foundation of the circa 1870 Solomon and Penelopy Pace House located in Vinings.

BACKGROUND

This grant will be used to stabilize and repair the foundation of the circa 1870 Solomon and Penelopy Pace House located on Paces Mill Road in Vinings. The Pace House, which is owned by the Vinings Historic Preservation Society, is one of the few existing historic structures in Vinings and the only structure in the community that is listed in the National Register of Historic Places. The Pace House, which is also a locally designated historic property, is the only remaining structure associated with the Pace family and the former ferry that they operated on the nearby Chattahoochee River.

The HPF Grant funding will allow the Vinings Historic Preservation Society to mitigate the immediate threat to the Solomon and Penelopy Hace House by stabilizing and repairing the foundation.

Vinings Historic Preservation Society will provide 100% of matching funds for the grant and presently has the monies available. The Vinings Historic Preservation Society will write the grant proposal, oversee the project work, and complete all the Historic Preservation Fund grant reporting requirements in coordination with Cobb County’s Historic Preservation Planner working on behalf of Cobb County’s Historic Preservation Commission.

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The Cobb County Historic Preservation Commission will consider their support of this grant proposal at their January 13, 2014 meeting.

The grant is due on February 3, 2014.

IMPACT STATEMENT The Historic Preservation Division does require a minimum of a 40% match of the total project cost for the Historic Preservation Fund Grant. If the grant is awarded, a local match is required. This match can be a combination of in-kind professional services and/or a cash match. The Vinings Historic Preservation Society will be providing the required matching funds for the grant. Cobb County is involved due to our need to have the Historic Preservation Commission and Board of Commissioners consider and authorize all grant requests for this particular funding source.

FUNDING N/A

RECOMMENDATION The Board of Commissioners adopt a resolution authorizing the submittal of an application on behalf of the Vinings Historic Preservation Society to the Department of Natural Resources’ Historic Preservation Division 2014 Historic Preservation Fund Grant for the purpose of stabilization and repair of the foundation of the circa 1870 Solomon and Penelopy Pace House located in Vinings; and authorize the Chairman to execute the necessary documents.

ATTACHMENTSResolution Historic Perservation Fund Grant


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A RESOLUTION OF THE COBB COUNTY BOARD OF COMMISSIONERS

AUTHORIZING THE SUBMITTAL OF A HISTORIC PRESERVATION FUND GRANT

APPLICATION TO THE GEORGIA DEPARTMENT OF NATURAL RESOURCES

WHEREAS, the Cobb County Board of Commissioners created a Historic Preservation Commission to assist with the protection of valuable historic resources and educate the community on the importance of preserving history. WHEREAS, Cobb County’s creation of the Historic Preservation Commission was in compliance with state Historic Preservation Act, providing the county the designation of a “Certified Local Government” for Historic Preservation. WHEREAS, Certified Local Governments for Historic Preservation are able to apply for grants and other funding or assistance through the Historic Preservation Division of the Department of Natural Resources, including the 2014 Historic Preservation Fund Grant.

WHEREAS, at the regular meeting of the Cobb County Historic Preservation Commission, held on the 13th day of January, 2014, a motion was made, duly seconded, and adopted that provides a recommendation that the Cobb County Board of Commissioners consider approving a request to the 2014 Historic Preservation Fund Grant in order to assist with foundation repairs at the Pace House in Vinings. NOW, THEREFORE, BE IT RESOLVED, that the Cobb County Board of Commissioners, hereby approves the grant request for the 2014 Historic Preservation Fund Grant. BE IT FURTHER RESOLVED, that the Cobb County Board of Commissioners will agree to the terms of the contract for a state grant in the amount of $15,000.00 (total project budget approximately $25,000.00) between the Georgia Department of Natural Resources and the Cobb County Board of Commissioners to complete foundation repairs at the Pace House in Vinings, authorizes the Chairman to execute said contract on behalf of the Cobb County Board of Commissioners. BE IT FURTHER RESOLVED, that the Vinings Historic Preservation Society has agreed to provide the matching funds to cover all associated costs regarding this 2014 Historic Preservation Fund Grant application.

This the 14th day of January 2014.

Timothy D. Lee, CHAIRMAN

Candace Ellison, COUNTY CLERK

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PURPOSE To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on December 19, 2013 by the License Review Board for Mark Stanga.

BACKGROUND The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct an Appeal Hearing to consider the appeal of the denial of an alcohol permit. The Ordinance also provides for the Board of Commissioners to review a summary of the Appeal Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On December 19, 2013, the License Review Board conducted an appeal hearing for Mark Stanga in regard to the denial of his alcohol permit by the Cobb County Police Department. After conducting the Appeal Hearing and considering all evidence and testimony presented during the hearing and the Online License Review Board Questionnaire, the License Review Board recommended approval of the issuance of the alcohol permit for Mr. Stanga.

FUNDING N/A

RECOMMENDATION The Board of Commissioners review the summary of the Appeal Hearing of December 19, 2013 for Mark Stanga, and affirm the decision of the License Review Board.

ATTACHMENTSSummary of Appeal Hearing, December 19, 2013

License Review Board Questionnaire

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Summary of Appeal Hearing before the Cobb County License Review Board for Mark Stanga, Alcohol Permit while currently working at P.F. Chang’s China

Bistro, located at 1624 Cumberland Mall, Suite LS 108, Atlanta, GA 30339. On December 19, 2013 the hearing was conducted in the Bid Room, located at

1772 County Services Parkway, Marietta, GA 30008.

License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sgt. Bonnie Smith with the Cobb County Police Department’s Regulatory Services and Permits Unit testified that Mark Stanga truthfully indicated on the alcohol permit application an out of state conviction in Louisiana on August 2, 2012. Larry Walker pointed out that if Mr. Stagna had not been truthful on his application the police department would not have known about the conviction. Mr. Stanga stated that he lives life differently since his arrest and he has seen counselors and AA advisors. Mr. Stagna stated that he worked in Louisiana as a server for seven or eight years with no violations. Mr. Stagna stated that his probation officer provided him a letter which stated that he cannot be around any drugs or bars. Mr. Stagna explained that P.F. Chang’s China Bistro is a family style restaurant and he would not be working behind the bar. Mr. Stanga explained to the License Review Board that he has completed several different programs and has been living his life differently and being honest. Mr. Stanga stated that he is a rehabilitated felon. Mr. Stanga stated that serving alcohol is not against the rules of his probation. Mr. Stanga explained that he is drug tested three times a week. Mr. Stanga stated that he needs this job at P.F. Chang’s China Bistro to make a living. Mr. Stanga stated that his goal is to become an addiction counselor and that he plans to get his masters degree from Kennesaw State University next fall. Mr. Stanga explained P.F. Chang’s China Bistro’s policy is to serve alcohol only to customers that are twenty-one or older and it is their policy to check the identification of anyone ordering alcohol. Mr. Stanga also explained that anyone intoxicated will not be served alcohol. Mr. Stanga explained that if a customer appears to be intoxicated a manager is notified and the manager makes the decision whether or not the customer is to be served any alcohol. Mr. Stanga stated that his probation had been transferred from Louisiana to Cobb County and that he is sentenced to probation until 2018 but he is up for early release in 2015. Mr. Stagna stated that all of his fines have been paid and that he reports to the call in service. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Larry Walker and a second by Milton Beck the License Review Board recommended approval of the alcohol permit for Mark Stanga. Vote 3-1 for approval of the alcohol work permit. Jim Pehrson was not present for the meeting; Milton Beck opposed.

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Poss. with intent to distribute Sched. II controlled dangerous substance, poss of Sched. IV controlled dangerous substance.

No.

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?

15 years jail time (12 suspended), and 5 years probabtion

Jail-time yes, currently on probation and in complete compliance

Smyrna, GA at Safety Net Recovery A 3/4 Sober-Living House

6. How long has it been since the arrest?

21 months

7. How long has it been since the conviction?

16 months

8. Where do you work?

P.F. Chang`s China Bistro

9. Is it a bar? Nightclub? Restaurant?

A family sit-down restaurant. The restaurant does have a bar, which I will not work in.

10. What type of position do you have with the establishment?

Back-waiter/ waiter trainee

Work Permit Applicant: STANGA, MARK JOSHUA

Permit Number: 137858

FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT

QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT

COBB COUNTY BUSINESS LICENSEP.O. Box 649Marietta, Georgia 30061-0649phone: (770) 528-8410 fax: (770) 528-8414Email: [email protected]

Cobb County License Review Board

Paul FosterBusiness License

Division Manager

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APHR_ALCH_WKPERMIT_DENIAL

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11. What are the policies and procedures of the establishment?

To require waiters to have valid alcohol serving permits. The restaurant knows and understands that I am a felon and am on probation.

12. What type of training does the establishment have for employees?

13. Is this the primary source of income for you?

2-3 weeks of on the job as well as paper based training.

Yes.

14. What have you done to ensure that you do not violate the law/ordinances in the future? ie - change of friends, change of address, change of life style

Completed 90 day inpatient treatment at Bradford Heal Services in Warrior, AL. Moved to Georgia to completely change all friends and surroundings, live at a 3/4 house that drug tests me 2-3 EVERY week. Am completely immersed in and involved with the programs of AA and NA, and have over 6 months documented clean time. Attend 5+ 12-step meetings every week. Have received counseling , therapy, and psychiatry.

15. Do you have a support mechanism such as family, friends, spouse, children, church, etc?

Absolutely. My family is very supportive, all my current friends are in recovery, and I have a support network at Sefety Net Recovery.

16. Are you going to school?

No

17. If so, what is your grade point average?

NA

18. What assurance can you provide the LRB that you will not sell/provide alcohol in violation of State or County Law?

I can provide complete assurances. The last thing I would want to do at this point in my life is violate the law. I volunteered all information about my arrest record and past because I want to pursue things in my life the open, honest, and right way today.

19. Why should the LRB grant the permit?

I need this permit to pursue my livelihood. With my criminal history, waiting tables in a restaurant is the best chance I have of being financially independent and a responsible tax paying citizen. I have discussed and obtained approval of my work situation with my counselors at Safety Net Recovery, as well as my AA sponsor, and will have letters available for the board. I`ve worked very hard to have my probation transferred to Georgia to have a clean start. I live in a sober living community currently, and will continue to be drug AND alcohol tested 2-3 times a week. Please help me pursue this livelihood so I can pay my own way the legal way until I successfully go back to school to get my Master`s in Social Work and then become a Certified Addictions Counselor, which is my career goal.

20. What evidence can you provide the LRB that you understand State and County law regarding the sale and service of alcohol?

I have held a liquor license for 5+ years in Louisiana without a single violation ever. I have extensive experience serving alcohol in a restaurant setting, and always ID people properly, and know the rules regarding cutting people off and about never serving intoxicated parties.

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21. What has the impact been on you and the ones around you due to your criminal actions?

The impact of the 14 months and 26 days I served in St. Tammany Parish Corrections on my family, my relationships, and myself was staggering and horrific. I`ve hurt my family by causing them worry, guilt, and grief, and also by not being there when they needed me. My former fiancee left me because of the time I was away, and I spent many nights in quiet contemplation about the ways I wanted to change my life. I am truly repentant, and have and will continue to do everything in my power to live my life the honest and responsible way today. Every legal problem I have ever had has been due to my alcohol and drug addiction problems, and finally, this year, I received a 90 day intensive, in-house treatment for these problems. My formal criminal actions have completely changed my life, but now I am sober and don`t ever have to drink or use again or go back to jail, and I feel grateful and blessed every day because of those facts.

PAGE: 3 1/6/2014 4:04:24 PM137858


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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 168 OEC Steakhouse, Inc., doing business as, 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House, 1690 Powder Springs Rd., Suite 214, Marietta, GA 30064, Qun Lin, licensee.

BACKGROUND On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance restrictions are waived for the issuance of alcoholic beverage licenses and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On November 21, 2013 the application for the Cobb County beer, wine, and Sunday sales pouring license for 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House was originally denied by the Business License Division Manager. The location of 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House, 1690 Powder Springs Rd., Suite 214, Marietta, GA 30064, does not meet the distance requirement to a park. The appeal of 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House was heard before the License Review Board on December 19, 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 beer, wine, and Sunday sales pouring license for 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House.

FUNDING N/A

Comm. Dist.

1


Page 65 of 166

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 December 19, 2013 for 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House.

ATTACHMENTSSummary of Appeal Hearing, December 19, 2013

License Review Board Questionnaire

Survey


Page 66 of 166

Summary of Appeal Hearing before the Cobb County License Review Board for 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House, located at 1690 Powder Springs, Rd., Suite 214, Marietta, GA 30064, Qun Lin, licensee. On December 19, 2013 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 6-125 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 Musashi Steak & Sushi House is within six-hundred feet of a park. Qun Lin, owner and licensee of Musashi Steak & Sushi House, testified through Yvonne Choi, a Mandarin Chinese Interpreter. Mr. Lin stated that there was previously a restaurant with an alcohol license at this location and he didn’t understand why he was denied an alcohol license. Ms. Sandra Richardson explained that because his application was a new application and the location is within six-hundred feet of a park the Cobb County Code requires a denial by the Business License Division and would require a distance waiver. Mr. Lin stated that other businesses in the shopping center have had alcohol licenses including Kroger. Sam Hensley, License Review Board attorney, explained to Mr. Lin that he needed to explain to the License Review Board that obtaining an alcohol license would not adversely affect the surrounding area. Mr. Lin explained to the License Review Board that he will obey and follow instructions. Mr. Lin stated that his business will only serve alcohol to persons over twenty-one years of age and that staff will check identification when a customer orders alcohol. Mr. Lin also stated that staff will stop customers from drinking too much alcohol. Mr. Lin explained to the License Review Board that he had experience working in a restaurant serving alcohol in Austell. Mr. Lin stated the hours of operation of Mushahi Stake & Sushi House will be from 11:00a.m. to 10:30p.m. Mr. Lin stated that he will have four employees. Mr. Lin explained to the License Review Board that he needed a wine license so that he could serve wine with sushi. Mr. Lin stated that his business is a restaurant that will serve hibachi and sushi. Mr. Lin reiterated that he must be able to serve sake, Japanese wine, to do business serving sushi. After considering all evidence and testimony presented and the online questionnaire completed by Mr. Lin, and pursuant to a motion by Eddie Canon and a second by Larry Walker, the License Review Board recommended approval of the beer, wine, and Sunday sales pouring license for 168 OEC Steakhouse, Inc., doing business as, Musashi Steak & Sushi House. The License Review Board voted 4-0 in favor of this motion. Jim Pehrson was not present for the meeting.

Page 67 of 166

163`

park

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. Kroger Supermarket. 25 feet.

No

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: ALC000748 Licensee: QUN LIN

COBB COUNTY BUSINESS LICENSEP.O. Box 649Marietta, Georgia 30061-0649phone: (770) 528-8410 fax: (770) 528-8414Email: [email protected]

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

Paul FosterBusiness License

Division Manager

PAGE: 1 1/6/2014 3:50:43 PMALC000748

APHR_ALCH_ LIC_DISTANCE

Page 68 of 166

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?

Japanese 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?

Have the employees review R.A.S.S. Workshop for Responsible Vendors material plus State and County Law.

Always check ID prior to every single sale of alcohol.

14. When ID is requested, what are your employees trained to look for?

1. See if is valid State issued ID. 2. Look the picture to make sure is the same person. 3. Check the date of birth.

15. What written policies and procedures are in place for the establishment?

Posted "We ID" sign in the hostess area, sushi bar and dinning area.

16. Were the written policies provided with the application?

Yes

17. What type of menu does the establishment have?

Japanese style hibachi steakhouse, sushi, some Japanese traditional dishes.

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?

around 94%.

20. What percentage of the store’s total sales, where your application is seeking a package license, is from alcohol sales?

N/A Seeking pouring license

21. What are the hours of operation of the business?

Mon. - Thursday 11am to 10pm. Friday & Sat. 11am to 11pm. Sunday 3:30pm to 10pm

22. Are there cameras in the establishment?

Yes

23. How many cameras?

5

PAGE: 2 1/6/2014 3:50:43 PMALC000748


Page 69 of 166

24. How often are they reviewed?

Every 4 days.

25. Why are they reviewed?

To see if there is any unusual activities going on.

26. How long is the video maintained?

A month

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.

I am aware and my employees are aware to the seriousness of follow and obey State and County Law. Any violation means no business and employment opportunities.

31. Why should the LRB grant the alcohol license?

This restaurant serves high quality hibachi steak and fresh sushi. As a Japanese tradition, these dishes always serve with beer or wine. Without alcohol license, the business will receive negative impacts. As I remember, Mellow Mushroom Pizza was operated at this same location serving beer and wine. Please grant the alcohol license to this location.

By attending Responsible Vendors Workshop.

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?

By attending Responsible Vendors Workshop.

33. Do you take responsibility for the actions of your employees and any violations that the employees may commit?

Yes

34. Are there any consequences to the employee for violations of State law or county ordinances?

Yes

35. What are the consequences?

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Page 70 of 166

First time violation: warning. Second time violation: involuntary termination of employment.

36. How many employees will the establishment have?

4

37. How often will they be retrained?

Every six month to a year

38. Will you implement a secret shopper program?

Yes

39. What consequences will there be if an employee fails to comply with procedures?

First time fail: warning. Second time fail: involuntary termination of employment.

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

46. Does the cash register or point of sale system track if ID was checked?

Yes

47. Does the cash register or point of sale system track the Date of Birth prior to the sale of alcohol?

PAGE: 4 1/6/2014 3:50:43 PMALC000748


Page 71 of 166

Yes

PAGE: 5 1/6/2014 3:50:43 PMALC000748


Page 72 of 166

Page 73 of 166

Page 74 of 166

Cobb County Human Resources Tony Hagler, Director

100 Cherokee Street, Second Floor Marietta, Georgia 30090-9679 (770) 528-2564 / fax: (770) 528-2550


FROM: Tony Hagler, Director

This item has been electronically signed by:Tony Hagler, Director


PURPOSE To approve a compensation policy for the Associate Judge of Probate Court.

BACKGROUND The Board of commissioners approved the creation of an Associate Judge position for the Probate Court with the adoption of the FY14 budget. The Probate Judge Kelli Wolk is prepared to fill the position. State code O.C.G.A. §15-9-2.1 and subsection (a)(4) provide the compensation of the associate judges of the probate court shall be fixed by the judge of the probate court, subject to the approval of the governing authority of the county. Judge Wolk is requesting the Board of Commissioners approve a compensation policy for this Associate Judge position at 75% of the salary of the Probate Judge. This will set the salary for this position at a current rate of $91,242.41 annually.

FUNDING No additional funding is necessary.

RECOMMENDATION The Board of Commissioners approve the attached compensation policy for the Associate Judge of Probate Court at 75% of the salary of the Probate Judge.

ATTACHMENTSCompensation Policy Associate Probate Judge

Comm. Dist.

All


Page 75 of 166

-1-

Compensation Policy

Associate Probate Judge

Effective Date: Adopted 1/14

§-I. PURPOSE To provide authorization for establishing and maintaining salary for the

Associate Probate Judge of the Probate Court of Cobb County.

§-II. SCOPE Associate Probate Judge

§-III. POLICY The salary of the Associate Probate Judge will be set and maintained at a

rate of pay equal to 75% of the salary for the Probate Judge as established through the legislature.

§-IV. PROCEDURES

A. The salary for incumbent of the Associate Probate Judge position in the Probate Court of

Cobb County will be established at a rate of pay equal to 75% of the salary of the

Probate Judge at the time the incumbent is hired.

B. The incumbent salary will be adjusted on the same effective date as any increase due

the Probate Judge is approved by the legislature in order to maintain a rate of pay equal to 75% of the pay rate for the Probate Judge.

Page 76 of 166

Cobb County Human Resources Tony Hagler, Director

100 Cherokee Street, Second Floor Marietta, Georgia 30090-9679 (770) 528-2564 / fax: (770) 528-2550


FROM: Tony Hagler, Director

This item has been electronically signed by:Tony Hagler, Director


PURPOSE To authorize creation and funding for one Human Resources Coordinator position in the Human Resources Department.

BACKGROUND

During the last few years the Human Resources Department experienced a loss of two key senior staff positions after becoming vacant upon retirement of long term staff. The position eliminations were as a result of budget reductions in FY09 and FY10 along with the implementation of a restricted hiring process.

With a steady increase in job postings (85% increase) and applicant flow (71% increase) since FY09/FY10 when the positions were eliminated the department needs to restore one of these two positions to assist with the increased demand for services. The demand for services is growing particularly in public safety. Currently there is a higher than normal number of vacant positions where additional employment resources need to be dedicated. Human Resources requests to restore one of the two senior staff positions to meet the increased demand for services by requesting the creation of one Human Resources Coordinator position, grade 51. In addition to supporting increased workload this position would be primarily responsible for:

• Assisting with developing and administering entry level and promotional processes for public safety positions.

l Assisting with data collection, test validation, and job analysis processes for entry level and promotional processes for public safety positions.

Comm. Dist.

All


Page 77 of 166

IMPACT STATEMENT The full-year cost of this new position is $93,424.22. The future funding for this new position will be included in the FY 2015 Recommended Budget and beyond.

FUNDING FY14 funding is available with the following transfer: Transfer from: 010-015-0145-8820 (GF Undesignated Contingency) $63,719.53 Transfer to: 010-095-2600-6012 (Salary) $41,184.00 010-095-2600-6032 (Disability) $ 148.26 010-095-2600-6034 (FICA) $ 3,150.58 010-095-2600-6036 (Medical) $11,506.68 010-095-2600-6038 (Life Insurance) $ 164.74 010-095-2600-6044 (Retirement) $ 6,745.94 010-095-2600-6052 (Worker’s Comp) $ 540.33 010-095-2600-6054 (Dental) $ 279.00

RECOMMENDATION The Board of Commissioners authorize the creation and funding for one Human Resources Coordinator position, Grade 51, in the Human Resources Department, and further authorize the corresponding budget transfers.


Page 78 of 166





This item has been electronically signed by:


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


Page 79 of 166

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 14th of January 2014

Page 80 of 166





This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller


PURPOSE

To approve additional recommended county reserves and authorize the appropriation of approved reserve funds into the FY 2014 budget.

BACKGROUND

There are a variety of FY 2013 un-appropriated revenues and unspent funds which departments are allowed to request reserving for specific purposes to be appropriated into their FY 2014 budgets. A reserve is any unspent funds in a department’s prior fiscal year budget, which has been designated for special use and approved by the Cobb County Board of Commissioners (BOC). At the end of the fiscal year the Finance Department and the County Manager review all reserve requests to determine if they qualify for consideration based on one or more the following: 1. The funds are unspent in the department budget at the end of 2013 fiscal year. 2. The Board of Commissioners appropriated the funds in FY 2013 for either a specific purpose which is required to be completed, or a specific self-funded or grant funded program. 3. The request justification includes appropriate reasons why the department was unable to complete the project/activity or encumber the funds in FY 2013. Departments are responsible for requesting and justifying reserves at the end of the fiscal year. Spending of appropriated reserves funds in accordance with BOC directives or other legal authority is the sole responsibility of the department that receives the funds.

Comm. Dist.

All


Page 81 of 166

On November 26, 2013 the Board approved departmental requested reserves into FY 2014 from FY 2013. Below are additional county wide General Fund reserve requests into FY 2014.

South Cobb Redevelopment Authority-Operating $18,300.00

Marietta Tax Allocation District (TAD) Number Three $122,920.00

Solid Waste Post Closure Study $50,000.00

Solid Waste Post Closure – Methane Gas Remediation $250,000.00

Prior Year Tax Collections above the 95% Collection Rate $3,842,708.00

$4,283,928.00

FUNDING

Increase Revenue 010-015-0145-4980 (Fund Balance) $ 4,283,928.00 Increase Expenditure 010-015-0145-8852 (Fund Balance Reserve) $ 4,283,928.00

RECOMMENDATION

The Board of Commissioners approve the additional county reserves as recommended, authorize the appropriation of the approved reserve funds into the FY 2014 budget, and further authorize the corresponding budget transactions.


Page 82 of 166

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


FROM: Candace Ellison, County Clerk

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


PURPOSE To approve the minutes of the following meetings: December 17, 2013 - BOC Zoning Hearing December 19, 2013 - Agenda Work Session December 19, 2013 - Regular Meeting of the Board

ATTACHMENTSZoning Minutes

Agenda Work Session minutes

Regular Meeting minutes

Comm. Dist.

All


Page 83 of 166

MINUTES OF ZONING HEARING


DECEMBER 17, 2013

9:00 A.M.

The Board of Commissioners’ Zoning Hearing was held on Tuesday, December 17, 2013 at 9:00

a.m. in the second floor public meeting room of the Cobb County building, Marietta, Georgia.

Present and comprising a quorum of the Board were:

Chairman Tim Lee

Commissioner JoAnn Birrell

Commissioner Lisa Cupid

Commissioner Helen Goreham

Commissioner Bob Ott

CALL TO ORDER – CHAIRMAN LEE

Chairman Lee called the meeting to order at 9:03 a.m.

John Pederson, Zoning Division Manager, explained the procedures regarding the public hearing.

CONTINUED, HELD, OR WITHDRAWN

Z-71 PEACHSTONE, LLC (Peachstone, LLC; Fireplace Funding, LLC; Summerhill

Holdings, LLC; Lenox Personal Care, LLC; Marietta Summerhill Property, LLC;

Dianand Pitamber, and Renita Pitamber, owners) requesting Rezoning from O&I

to RSL for the purpose of Residential Senior Living in Land Lot 133 of the 17th

District. Located on the north side of Austell Road, and the south side of

Cunningham Road. WITHDRAWN WITHOUT PREJUDICE

O.B. 2 To consider a stipulation clarification and amendment regarding a detention facility

for rezoning application Z-107 of 2006 (Palladian, Inc.), for property located on the

south side of Stilesboro Road at Johnston Trail in Land Lot 216 of the 20th

District.

WITHDRAWN BY STAFF

O.B. 4 To consider a stipulation and site plan amendment for Atlantic Realty Development

LLC regarding rezoning application Z-116 of 2004 (B. F Saul Real Estate

Investment Trust), for property located at the northwest intersection of Circle 75

Parkway and Windy Ridge Parkway, the northwest intersection of Circle 75

Parkway and Herodian Way and on the south side of Herodian Way in Land Lots

850, 876, 877, 878, 916 and 917 of the 17th

District. WITHDRAWN WITHOUT

PREJUDICE BY APPLICANT

Page 84 of 166



DECEMBER 17, 2013

PAGE 2

CONTINUED, HELD, OR WITHDRAWN (CONT.)

O.B. 9 To consider a stipulation and site plan amendment for Atlantic Realty Development

LLC regarding rezoning application Z-116 of 2004 (B. F Saul Real Estate

Investment Trust), for property located at the northwest intersection of Circle 75

Parkway and Windy Ridge Parkway, the northwest intersection of Circle 75

Parkway and Herodian Way and on the south side of Herodian Way in Land Lots

850, 876, 877, 878, 916 and 917 of the 17th

District. WITHDRAWN WITHOUT

PREJUDICE BY APPLICANT

Z-59 THOMAS HOMES & COMMUNITIES, LLC (The Estate of Elmo Lovinggood,

Linda Pruett, Executrix, owner) requesting Rezoning from R-20 to RSL for the

purpose of Residential Senior Living in Land Lot 669 of the 16th

District. Located

on the west side of East Piedmont Road, north of Fairport Way, and at the terminus

of Pinkney Drive (2316 Pinkney Drive). (Held by the Planning Commission from

their October 1, 2013 hearing and continued by Staff until the February 4, 2014

Planning Commission hearing; therefore was not considered at this hearing)

Z-62 WADE COOTS COMPANY (Coots Family Properties, LLC, Series 7, owner)

requesting Rezoning from GC, CF and R-20 to HI for the purpose of a Contracting

Company in Land Lots 505, 506 and 595 of the 18th

District. Located on the

northwest side of Six Flags Parkway and southwest side of Hillcrest Drive; north of

Six Flags Drive (298 Six Flags Parkway). (Continued by Staff until the February

4, 2014 Planning Commission hearing; therefore was not considered at this

hearing)

Z-66 VICTOR NWALA NGON (owner) requesting Rezoning from GC to NRC for the

purpose of a Tire Store in Land Lots 701 and 702 of the 19th

District. Located on

the east side of Austell Road, north of Byers Drive (3077 Austell Road). (Held by

the Planning Commission from their December 3, 2013 hearing; therefore was

not considered at this hearing)

Z-70 SOVANNARY ROUN (owner) requesting Rezoning from R-20 to HI for the

purpose of Truck and Auto Repair in Land Lot 589 of the 18th

District. Located on

the east side of Factory Shoals Road, south of Six Flags Drive (7249 Factory

Shoals Road). (Continued by Staff; therefore was not considered at this hearing)

Z-72 THE RYLAND GROUP, LLC (Willoughby & Sewell Development, Ltd.; A. Lee

Brand, Jr.; Janella S. Brand; and Jennifer B. Gruber, owners) requesting Rezoning

from R-30 and R-20 to R-20 for the purpose of Single-Family Residential in Land

Lots 39, 40 and 76 of the 20th

District. Located on the southeast side of Cedarcrest

Road, and the west side of Old Dallas Acworth Road. (Continued by the Planning

Commission from their December 3, 2013 hearing; therefore was not considered

at this hearing)

Page 85 of 166



DECEMBER 17, 2013

PAGE 3

CONTINUED, HELD, OR WITHDRAWN (CONT.)

LUP-27 CYNTHIA WEBSTER (Cynthia Couchman, F/K/A Cynthia Webster, owner)

requesting a Land Use Permit for the purpose of Allowing More Unrelated Adults

than the County Code Permits in Land Lot 330 of the 16th


south side of Allpoint Drive, north side of Wesley Chapel Road; northeasterly of

the intersection of Allpoint Drive and Wesley Chapel Road (3616 Allpoint Drive).

(Held by the Board of Commissioners from their November 19, 2013 hearing

until their February 18, 2014 hearing; therefore was not considered at this

hearing)

LUP-29 SCOTT OLSCHANSKY (Scott M. Olschansky, owner) requesting a Land Use

Permit for the purpose of Allowing More Unrelated Adults than the County Code

Permits in Land Lot 810 of the 16th

District. Located on the east side of Holcomb

Lake Road, east of Wingard Drive (1692 Holcomb Lake Road). (Held by the

Board of Commissioners from their November 19, 2013 hearing until their

February 18, 2014 hearing; therefore will not be considered at this hearing)

SLUP-13 PEGASUS TOWER COMPANY, LLC (Carter T. Samples, Jr. and Mildred B.

Samples, owners) requesting a Special Land Use Permit for the purpose of a New

130 Foot Monopole Telecommunications Tower in Land Lots 406 and 497 of the

18th

District. Located at the northwest intersection of Mableton Parkway and

Queen Mill Road. (Continued by Staff; therefore was not considered at this

hearing)

SLUP-14 MUNICIPAL COMMUNICATIONS, LLC, AND DR. J ENTERPRISES, LLC

(Hurt Road Baptist Church, Inc., owner) requesting a Special Land Use Permit for

the purpose of a Wireless Communication Tower and Antennas in Land Lots 195

and 238 of the 17th

District. Located on the south side of Hurt Road, west of

Marcela Drive (17 Hurt Road). (Continued by Staff; therefore was not considered

at this hearing)

O.B. 8 To consider a site plan amendment for The Retreat at Lost Mountain Homeowners

Association regarding rezoning application Z-188 of 2005 (K2 Ventures, Inc.), for

property located at the south side of Old Lost Mountain Road and on the north side

of Macland Road, and at the eastern terminus of Tranquil Lane in Land Lots 384

and 431 of the 19th

District. (Continued by Staff; therefore was not considered at

this hearing)

Page 86 of 166



DECEMBER 17, 2013

PAGE 4

CONSENT CASES

MOTION: Motion by Ott, second by Goreham, to approve the following cases on the Consent

Agenda as revised:

Z-63 DUNCAN LAND INVESTMENTS (Terry R. and Michael S. Palmer, owners)

requesting Rezoning from R-20 to R-15/OSC for the purpose of a Subdivision in

Land Lots 308 and 341 of the 16th

District. Located on the north and south sides of

Blackwell Road; southwest of Wenlok Trail and east of Carter Valley Drive (1982

Blackwell Road). (Previously continued by Staff until the December 3, 2013

Planning Commission hearing)

To approve Rezoning to the R-15/OSC zoning district subject to:

• Site plan dated September 5, 2013 with District Commissioner approving

minor modifications (attached and made a part of these minutes)

• Letter of agreeable conditions from Mr. Richard Duncan dated December

2, 2013 (attached and made a part of these minutes)

• Fencing to be installed along lots four, five, six, and seven

• Open Space to be provided in a Conservation Easement in favor of Cobb

County

• Minimum of 20 feet between houses

• Planning Division OSC comments and recommendations

• Fire Department comments and recommendations

• Water and Sewer Division comments and recommendations

• Stormwater Management Division comments and recommendations

• Cobb DOT comments and recommendations

• owner/developer to enter into a Development Agreement pursuant to

O.C.G.A. §36-71-13 for dedication of system improvements to mitigate

traffic concerns

Page 87 of 166



DECEMBER 17, 2013

PAGE 5

CONSENT CASES (CONT.)

Z-67 CHURCH OFFICE PARTNERS, LLC (owner) requesting Rezoning from LI to

LRO for the purpose of an Office in Land Lot 824 of the 17th

District. Located at

the northwest intersection of Church Road and North Church Lane (2445 Church

Road).

To approve Rezoning to the LRO zoning district subject to:

• Site plan received by the Zoning Division on October 1, 2013, with District

Commissioner approving minor modifications, approval to include

reduction of 20 foot landscape buffer on northern side to 15 feet and

accommodations of any possible building discrepancies of existing building

with LRO regulations (attached and made a part of these minutes)

• Revised letter of agreeable conditions from Mr. Parks Huff dated

November 20, 2013 (attached and made a part of these minutes)

• Landscape plan to be approved by County Arborist for installation of 15

foot landscape buffer along northern property line

• Sidewalk improvements to be installed upon redevelopment





• Owner/developer to enter into a Development Agreement pursuant to

O.C.G.A. §36-71-13 for dedication of system improvements to mitigate

traffic concerns

Z-68 ROSEBRIAR PARTNERSHIP, LLLP (Rosebriar Court Apartments, owner)

requesting Rezoning from RM-12 to NRC for the purpose of a Restaurant and

Store in Land Lot 1057 of the 17th

District. Located on the southeast side of Akers

Mill Road, south of Powers Ferry Road (2243 Akers Mill Road).

To approve Rezoning to the NRC zoning district subject to:

• Site plan received by the Zoning Division October 1, 2013, with the District

Commissioner approving minor modifications (attached and made a part

of these minutes)

• 10 foot landscape buffer to be installed along Akers Mill Road

• Building facade to be upgraded and approved by the District

Commissioner

• No outdoor storage

Page 88 of 166



DECEMBER 17, 2013

PAGE 6


Z-68 ROSEBRIAR PARTNERSHIP, LLLP (CONT.)

• All parking to be in legal parking spaces

• No parking on Akers Mill Road

• Applicant to explore cross-parking easements with adjacent property

owners




• Cobb DOT comments and recommendations with the following revision:

strike reference to sidewalks along Akers Mill Road and replace with

“Sidewalks will be added on Akers Mill Road upon redevelopment of this

site.”

LUP-33 HOLY FAMILY CATHOLIC CHURCH (Thomas A. Donnellan, as

Archbishiop of the Roman Catholic Archdiocese of Atlanta and his successors in

office, owner) requesting a Land Use Permit (Renewal) for the purpose of

Operating a Preschool in Land Lot 1196 of the 16th

District. Located on the north

side of Lower Roswell Road and the east side of Pinehurst Lane, west of Peppertree

Court (3401 Lower Roswell Road).

To approve Land Use Permit for 24 months subject to:

• Site plan received by the Zoning Division dated October 9, 2013, with the

District Commissioner approving minor modifications (attached and made

a part of these minutes)

• All previous stipulations included in Exhibit A (attached and made a part

of these minutes)




Page 89 of 166



DECEMBER 17, 2013

PAGE 7


SLUP-15 CHILDRESS KLEIN PROPERTIES, INC. (Cousins Properties Incorporated,

owner) requesting a Special Land Use Permit for the purpose of a Self-Storage

Facility in Land Lot 1008 of the 17th

District. Located at the northeast intersection

of Powers Ferry Road and Windy Ridge Parkway.

To approve Special Land Use Permit subject to:

• Revised site plan received by the Zoning Division November 12, 2013 with

District Commissioner making minor modifications with allowance for

additional landscaping if required during Plan Review (attached and made

a part of these minutes)

• Letter of agreeable conditions from Mr. John Moore dated November 27,

2013 (attached and made a part of these minutes) with the following

changes:

� Item No. 5, revise last sentence to read: “The glass components of the

proposed structure shall be heavily tinted with one-way screening that

prevents view into interior of the building.”

� Item No. 9, add c. to read: “Final signage to be approved by the District

Commissioner.”

� Item No. 16, revise last sentence to read: “There shall be no direct access

to Windy Ridge Parkway, Powers Ferry Road, or the parking lot access

road to the north.”

� Item No. 23, strike in its entirety and replace with: “Minor

modifications to this plan may be approved by the District Commissioner,

except for those that: 1) increase the density of a residential project or the

overall square footage of a non-residential project; 2) reduce the size of

an approved buffer adjacent to a property that is zoned the same or is

more restrictive in its zoning; 3) relocate a structure closer to the property

line of an adjacent property that is zoned the same or is more restrictive;

4) increase the height of a building that is adjacent to a property that is

zoned the same or is more restrictive in its zoning; 5) change an access

location to a different roadway.”

• Revised architectural renderings to be approved by District Commissioner

• Lighting plan and proposed business hours to be approved by District

Commissioner





CONSENT VOTE: ADOPTED unanimously

Page 90 of 166



DECEMBER 17, 2013

PAGE 8

REGULAR CASES

Z-64 POPE & LAND ENTERPRISES, INC. (CBL Investors, LLC, and City View

Holdings, L.P., owners) requesting Rezoning from O&I and RSL to UVC for the

purpose of a Mixed-Use Community in Land Lots 977, 1015 and 1016 of the 17th

District. Located at the southwest intersection of Cumberland Boulevard and Cobb

Parkway A/K/A Highway 41. (Previously continued by the Board of

Commissioners from their November 19, 2013 hearing)

The public hearing was opened and Mr. John Moore addressed the Board.

Following presentation and discussion, the following motion was made:

MOTION: Motion by Ott, second by Lee, to approve Rezoning to the UVC

zoning district subject to:

• Site plan received by the Zoning Division September 5, 2013 (attached and

made a part of these minutes)

• Letter of agreeable conditions from Mr. John Moore, dated October 30,

2013, including exhibits (attached and made a part of these minutes) with

the following changes:

� Item No. 9 on page 6, delete and replace with: “Minor modifications to

this plan may be approved by the District Commissioner, except for those

that: 1) increase the density of a residential project or the overall square

footage of a non-residential project; 2) reduce the size of an approved

buffer adjacent to a property that is zoned the same or is more restrictive

in its zoning; 3) relocate a structure closer to the property line of an

adjacent property that is zoned the same or is more restrictive; 4) increase

the height of a building that is adjacent to a property that is zoned the

same or is more restrictive in its zoning; 5) change an access location to a

different roadway.”

� Item No. 18 on page 7, add to the end: “The need for additional parking

spaces will be fully investigated and resolved at Plan Review, by way of a

parking study and a shared parking arrangement study that will be

presented at that time.”



• Revised Cobb DOT comments and recommendations (attached and made a

part of these minutes)

VOTE: ADOPTED unanimously

Page 91 of 166



DECEMBER 17, 2013

PAGE 9

REGULAR CASES (CONT.)

Z-69 BK PROPERTIES, LP (owner) requesting Rezoning from OS, O&I, R-20 and

NS to RM-8 for the purpose of Low Density/Multi-Family Homes in Land Lots

437, 438, 439, 498, 499, 500, 510 and 511 of the 16th


south side of Big Shanty Road, east side of Chastain Meadows Parkway, and west

side of Bells Ferry Road (73 Big Shanty Road).

Mr. Kevin Moore, Applicant’s Representative, requested a continuance in order to

work on additional issues brought forward by the opposition. The opposition

present was agreeable to this request. Thereafter, the following motion was made:

MOTION: Motion by Birrell, second by Ott, to continue Rezoning request until

the February 18, 2013 Board of Commissioners Zoning Hearing.


Z-73 TV HOLDINGS, LLC (owner) requesting Rezoning from R-20 to PVC for the

purpose of Residential Units and Site Plan Amendment in Land Lots 501 and 508

of the 16th

District. Located on the south side of Big Shanty Road, on the east side

of George Busbee Parkway, and on the south and east sides of Hidden Forest

Court.

The public hearing was opened and Mr. Kevin Moore, Mr. T. E. Cauthorn, Mr. Eric

McConaghy, and Mr. Michael Fox addressed the Board. Following presentation

and discussion, the following motion was made:

MOTION: Motion by Birrell, second by Lee, to approve Rezoning to the PVC

zoning district subject to:

• Site plan received by the Zoning Division October 3, 2013 with the District


of these minutes)

• If three properties not included as part of this site plan are acquired by

“master developer,” then any changes may be considered as an Other

Business Item; if property is not sold to “master developer,” then any

changes must go through rezoning process





• All previous stipulations and conditions for Z-26 of 2007, not otherwise in

conflict, to remain in effect


Page 92 of 166



DECEMBER 17, 2013

PAGE 10

REGULAR CASES

SLUP-12 RETEL BROKERAGE SERVICES, INC. (GBW Investment Partners, L.L.L.P.,

owner) requesting a Special Land Use Permit for the purpose of a Wireless

Communication Tower and Antenna in Land Lot 94 of the 17th

District. Located

on the west and north sides of Hurt Road, west of Alexander Place (448 Hurt

Road).

The public hearing was opened and Mr. John Moore, Mr. Harris Simpson, Mr.

Chad Williams, Mr. Ngal Dalya, Mr. Herbert Jones, Ms. Marsha Thomas, Mr. Bob

Pratt, and Ms. Kathy Sloan addressed the Board. Following presentation and

discussion, the following motion was made:

MOTION: Motion by Cupid, second by Goreham, to deny Special Land Use

Permit.

VOTE: FAILED 2-3, Lee, Birrell, and Ott opposed

SUBSTITUTE MOTION: Motion by Ott, second by Birrell, to hold Special Land

Use Permit until the February 18, 2013 Board of Commissioners Zoning Hearing.

VOTE: ADOPTED 3-2, Cupid and Goreham opposed

Chairman Lee called for a brief recess from 11:03 a.m. until 11:15 a.m.

OTHER BUSINESS

O.B. 10 To consider a stipulation and site plan amendment for Wilkins Walk Land, L.P.

regarding rezoning application Z-18 of 2006 (Weaver & Woodbury Company), for

property located at the southwest intersection of Hicks Road and Concord Road,

and on the east side of Floyd Road in Land Lots 1000 and 1073 of the 19th

District.

Mr. Pederson presented Applicant’s request to withdraw other business item

without prejudice. Thereafter, the following motion was made:

MOTION: Motion by Cupid, second by Ott, to authorize the withdrawal of Other

Business Item No. 10 without prejudice.


Page 93 of 166



DECEMBER 17, 2013

PAGE 11

OTHER BUSINESS (CONT.)

O.B. 1 To consider a site plan amendment for Jason Williams regarding application SLUP-

22 of 1996 (McArthur Concrete Products), for property located on the west side of

New McEver Road and on the north side of Toonigh Road, in Land Lot 50 of the

20th

District.

Mr. Pederson provided information regarding a site plan amendment to correct

minor deviations from approved 1998 site plan. The public hearing was opened and

Mr. Johnny Gresham addressed the Board. Following presentation and discussion,

the following motion was made:

MOTION: Motion by Birrell, second by Cupid, to approve Other Business Item

No. 1 for site plan amendment regarding application for Jason Williams regarding

application SLUP-22 of 1996 (McArthur Concrete Products), for property located

on the west side of New McEver Road and on the north side of Toonigh Road, in

Land Lot 50 of the 20th

District subject to:

• Site plan received by the Zoning Division November 11, 2013 (attached and

made a part of these minutes)

• All previous stipulations and conditions, not otherwise in conflict, to remain

in effect


O.B. 3 To consider amending the stipulations for Z-21 (St Benedict’s Episcopal Church,

LLC) of May 20, 2008, for property located in Land Lots 694 and 695 of the 17th

District on the west side of Atlanta Road and on the east side of Cooper Lake Road,

south of Daniel Street.

Mr. Pederson provided information regarding the stipulation amendment to

continue operation of the farmer’s market. The public hearing was opened and

Reverend Brian Sullivan, Ms. Lesley-Ann Drake, and Ms. Mary Rose Barnes

addressed the Board. Following presentation and discussion, the following motion

was made:

MOTION: Motion by Ott, second by Goreham, to approve Other Business Item

No. 3 for stipulation amendment for Z-21 (St Benedict’s Episcopal Church, LLC)

of May 20, 2008, for property located in Land Lots 694 and 695 of the 17th

District

on the west side of Atlanta Road and on the east side of Cooper Lake Road, south

of Daniel Street subject to:

Page 94 of 166



DECEMBER 17, 2013

PAGE 12


O.B. 3 (CONT.)

• Approval is for one year

• Site plan dated November 26, 2013 (attached and made a part of these

minutes)

• Letter of agreeable conditions from Reverend Brian C. Sullivan dated

November 27, 2013 (attached and made a part of these minutes)

• Exhibit A received by the Zoning Division October 29, 2013, not otherwise

in conflict with letter of agreeable conditions from Reverend Brian C.

Sullivan dated November 27, 2013 specifically related to the number of

tents (attached and made a part of these minutes)

• If a code amendment related to “Farmer’s Markets” is approved, then this

site will be required to come into compliance


in effect


O.B. 5 To consider a Settlement of Litigation for Teague Investments, L.P.; et al.,

regarding rezoning application Z-41 (Walton Communities, LLC) of 2011, for

property located on the northeasterly side of Spring Hill Parkway, southwesterly of

the intersection of Mt. Wilkinson Parkway and Spring Hill Parkway in Land Lots

812, 813, 843 and 844 of the 17th

District, and to also consider a site plan

amendment for Teague Investments, L.P. regarding rezoning application Z-24

(Cotter Properties & Development, LLC) of 2013, for property located on the west

side of Spring Hill Parkway, north of Spring Hill Road, and at the eastern terminus

of Vista Way in Land Lots 772, 813 and 814 of the 17th

District.

Mr. Pederson provided information regarding the Settlement of Litigation. The

public hearing was opened and Mr. Kevin Moore addressed the Board. Following

presentation and discussion, the following motion was made:

MOTION: Motion by Ott, second by Birrell, to approve Other Business Item No.

5 for a Settlement of Litigation for Teague Investments, L.P.; et al., regarding

rezoning application Z-41 (Walton Communities, LLC) of 2011, for property

located on the northeasterly side of Spring Hill Parkway, southwesterly of the

intersection of Mt. Wilkinson Parkway and Spring Hill Parkway in Land Lot 812,

813, 843 and 844 of the 17th

District, and to also consider a site plan amendment

for Teague Investments, L.P. regarding rezoning application Z-24 (Cotter

Properties & Development, LLC) of 2013, for property located on the west side of

Spring Hill Parkway, north of Spring Hill Road, and at the eastern terminus of

Vista Way in Land Lots 772, 813 and 814 of the 17th


Page 95 of 166



DECEMBER 17, 2013

PAGE 13


O.B. 5 (CONT.)

• Letters of agreeable conditions from Mr. Kevin Moore dated December 9,

2013 and December 13, 2013 (attached and made a part of these minutes)

• Approval of final site plan that shows the two sites is contingent upon

submittal to the District Commissioner for review prior to adoption of

these minutes at the January 14, 2014 Regular Meeting of the Board of

Commissioners

• Stipulations, not otherwise in conflict with Z-24 of 2013, apply to the site

referenced in Z-41 of 2011


in effect


O.B. 6 To consider a stipulation amendment regarding rezoning application Z-61 of 2005

(TI Riverwood, LLC), for property located at the northwest intersection of Cobb

Parkway and Cumberland Boulevard in Land Lots 977, 978, 1015 and 1016 of the

17th

District.

Mr. Pederson provided information regarding a stipulation amendment to allow

installation of a blade sign. The public hearing was opened and there being no

speakers, the hearing was closed. Following presentation and discussion, the

following motion was made:

MOTION: Motion by Ott, second by Goreham, to approve Other Business Item

No. 6 for a stipulation amendment for Z-61 of 2005 (TI Riverwood, LLC), for

property located at the northwest intersection of Cobb Parkway and Cumberland

Boulevard in Land Lots 977, 978, 1015 and 1016 of the 17th

District, subject to:

• Exhibit B received by the Zoning Division November 12, 2013 which

include Exhibits 1 and 2 (attached and made a part of these minutes)


in effect


Page 96 of 166



DECEMBER 17, 2013

PAGE 14


O.B. 7 To consider a site plan amendment for Chuy’s restaurant regarding rezoning

application Z-42 of 1996 (Hendon Property Associates), for property located on the

southerly side of Barrett Parkway, west of Cobb Place Boulevard in Land Lots 650

and 719 of the 16th

District.

Mr. Pederson provided information regarding a site plan amendment. The public

hearing was opened and there being no speakers, the hearing was closed.

Following presentation and discussion, the following motion was made:

MOTION: Motion by Goreham, second by Birrell, to approve Other Business

Item No. 7 for site plan amendment for Chuy’s restaurant regarding rezoning

application Z-42 of 1996 (Hendon Property Associates), for property located on the

southerly side of Barrett Parkway, west of Cobb Place Boulevard in Land Lots 650

and 719 of the 16th


• Site plan received by the Zoning Division November 11, 2013 with District


of these minutes)

• All previous stipulations and conditions, not otherwise in conflict, to

remain in effect


ADJOURNMENT

The meeting was adjourned at 11:55 a.m.

__________________________________

Lori Barton, Deputy County Clerk

Cobb County Board of Commissioners

Page 97 of 166

MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION


DECEMBER 19, 2013

9:00 A.M.

Upon notice duly advertised, the Cobb County Board of Commissioners attended

a Special Called Meeting/Agenda Work Session on Monday, December 19, 2013 which

began at 9:04 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 December 19, 2013 agenda. Present and comprising a quorum of the Board

were:

Chairman Tim Lee



Not Present: Commissioner Bob Ott


No official action was taken by the Board.

ADJOURNMENT

The discussion concluded at 9:12 a.m.

_____________________________________

Candace W. Ellison, CCC

County Clerk


Page 98 of 166

MINUTES OF REGULAR MEETING


DECEMBER 19, 2013

6:00 P.M.

The Regular Meeting of the Cobb County Board of Commissioners was held on

Thursday, December 19, 2013 at 6:00 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




Not Present: Commissioner Bob Ott

1. CALL TO ORDER – CHAIRMAN LEE

Chairman Lee called the meeting to order at 6:03 p.m.

2. PRESENTATION OF CERTIFICATES OF RECOGNITION BY THE


Commissioner Goreham presented certificates of recognition to Mr. Kenneth

Marlin and Mr. Roger Henze, for their years of service and leadership on the Transit

System Advisory Board.

3. WITHDRAWAL OF REQUEST FOR PRESENTATION OF THE BUS

OPERATOR OF THE QUARTER AWARD TO A COBB COMMUNITY

TRANSIT BUS OPERATOR

The request for presentation of the Bus Operator of the Quarter Award was

withdrawn from this agenda.

4. PUBLIC COMMENT – MS. VICKI HAMMOND

Ms. Vicki Hammond addressed the Board in support of mobile veterinary units.

5. PUBLIC COMMENT – MR. TERRY TAYLOR

Mr. Terry Taylor addressed the Board regarding various issues relating to the

Atlanta Braves’ move to Cobb County.

6. PUBLIC COMMENT – MR. LANCE LAMBERTON

Mr. Lance Lamberton presented Commissioner Lisa Cupid a certificate of

appreciation, for her position regarding the November 26, 2013 action taken by the Board

of Commissioners to approve a resolution and memorandum of understanding with the

Atlanta Braves.

7. PUBLIC COMMENT – MR. RAY TIYAMIYU

Mr. Ray Tiyamiyu addressed the Board regarding issues related to the Atlanta

Braves’ move to Cobb County.

8. PUBLIC COMMENT – MR. DAN KIRKLAND

Mr. Dan Kirkland addressed the Board regarding preferred contract awards for

work associated with the Atlanta Braves’ move to Cobb County.

Page 99 of 166



DECEMBER 19, 2013

PAGE 2

9. PUBLIC COMMENT – MR. BEN WILLIAMS

Mr. Ben Williams addressed the Board regarding issues relative to the Atlanta

Braves’ move to Cobb County.

10. AUTHORIZATION TO ADD THE FOLLOWING NON-AGENDA ITEM

TO THIS AGENDA FOR CONSIDERATION

MOTION: Motion by Lee, second by Birrell, to authorize the addition of the

following agenda item to this agenda for consideration:

TAB 3, ITEM 11 – CONSENT – To authorize the creation of four part-time

positions to assist the Senior Judges of the Superior Court.

VOTE: ADOPTED 4-0, Commissioner Ott absent

11. CONSENT AGENDA

MOTION: Motion by Lee, second by Birrell, to approve the following items on

the Consent Agenda, as revised, and authorize the appropriate County personnel

to execute the necessary documents.

WATER SYSTEM AGENCY

Engineering

11A. APPROVAL OF CONSTRUCTION CONTRACT WITH K. M.

DAVIS CONTRACTING CO., INC. FOR KENNESAW

WOODLAND ACRES WATER MAIN REPLACEMENT - WATER

SYSTEM

To approve a construction contract with K. M. Davis Contracting Co.,

Inc., in the amount of $1,131,705.00, for Kennesaw Woodland Acres

Water Main Replacement, Program No. W2258, authorize the

corresponding budget transactions, and further authorize the Chairman

to execute the necessary documents.

Funding is available in the Water System’s Kennesaw Woodland Acres

Water Main Replacement and in the Water System’s Subdivision Service

Line Replacement Adopted CIP Budget for Fund 510, Department 500,

Unit 5754, Program No. W2258.

Transfer from:

Kennesaw Woodland Acres Water Main Replacement

Preliminary Estimates

510-500-5754-8005 W2258-Z $ 940,000.00

Subdivision Service Line Replacement

Preliminary Estimates

510-500-5754-8005 W2701-Z $ 230,015.00

Total $1,170,015.00

Page 100 of 166



DECEMBER 19, 2013

PAGE 3

11. CONSENT AGENDA (CONT.)

WATER SYSTEM AGENCY (CONT.)

Engineering (cont.)

11A. APPROVAL OF CONSTRUCTION CONTRACT WITH K. M.

DAVIS CONTRACTING CO., INC. FOR KENNESAW

WOODLAND ACRES WATER MAIN REPLACEMENT - WATER

SYSTEM (CONT.)

Transfer to:

Kennesaw Woodland Acres Water Main Replacement

Construction

510-500-5754-8260 W2258-C $1,131,705.00

Interest Expense on Retainage

510-500-5754-6613 W2258-A $ 5,660.00

Materials & Supplies

510-500-5754-8265 W2258-M $ 10,000.00

Contingency

510-500-5754-8810 W2258-T $ 22,650.00

Total $1,170,015.00

COMMUNITY DEVELOPMENT AGENCY

Planning Division

11B. ADOPTION OF ANNEXATION RESPONSE PER HB489

INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING

LAND USE KNOWN AS 1637 BURNT HICKORY ROAD FOR THE

CITY OF MARIETTA – PLANNING DIVISION

To adopt a response per HB489 Intergovernmental Agreement and HB2

regarding 0.67 acres land use known as Parcel 590 of Land Lot 288,

District 20th

, 2nd

Section, known as 1637 Burnt Hickory Road for the City

of Marietta. A copy of said response is attached and made a part of these

minutes.

Business License Division

11C. AFFIRMATION OF DECISION BY THE LICENSE REVIEW

BOARD REGARDING BUFFALO’S AMERICAN GRILLE NO. 2,

LLC D/B/A BUFFALO’S CAFÉ, HAL PAUL DALRYMPLE,

LICENSEE – BUSINESS LICENSE DIVISION

To affirm the December 5, 2013 decision by the License Review Board to

recommend approval of the liquor, beer, wine, and Sunday sales pouring

license for Buffalo’s American Grille No. 2, LLC d/b/a Buffalo’s Café

Acworth, 3160 Cobb Parkway, Suite 490, Kennesaw, Georgia 30152, Hal

Paul Dalrymple, licensee.

Page 101 of 166



DECEMBER 19, 2013

PAGE 4


COMMUNITY DEVELOPMENT AGENCY (CONT.)

Business License Division (cont.)

11D. AFFIRMATION OF DECISION BY THE LICENSE REVIEW

BOARD REGARDING THE ISSUANCE OF AN ALCOHOL

PERMIT FOR MICHELLE GARREN - BUSINESS LICENSE

DIVISION


recommend approval of the alcohol permit for Michelle Garren.

11E. AFFIRMATION OF DECISION BY THE LICENSE REVIEW

BOARD REGARDING TAVERN BEVERAGE COMPANY D/B/A

MOVIE TAVERN, JAMES PARKS, LICENSEE - BUSINESS

LICENSE DIVISION


recommend approval of the liquor, beer, wine, and Sunday sales pouring

license for Tavern Beverage Company d/b/a Movie Tavern, 4651

Woodstock Road, Suite 430, Roswell, Georgia 30075, James Parks,

licensee

ECONOMIC DEVELOPMENT

11F. APPROVAL OF REQUEST FROM THE CITY OF SMYRNA TO

EXTEND THE DEADLINE BY WHICH THE COMMENCEMENT

OF CONSTRUCTION OF SIGNIFICANT PROJECTS MUST

OCCUR FOR THE BELMONT HILLS REDEVELOPMENT

PROJECT – ECONOMIC DEVELOPMENT

To approve an extension of the deadline for Commencement of

Construction of Significant Projects for the Belmont Hills Redevelopment

Project from December 31, 2013 to December 19, 2014, and authorize the

County Manager to send a letter to the City of Smyrna with respect to

these matters. Said approval of extension is subject to confirmation of an

affirmative vote by the Smyrna Mayor and Council.

FINANCE

11G. APPROVAL OF SECOND AMENDMENT TO THE COBB

COUNTY GOVERNMENT EMPLOYEES’ PENSION PLAN –

FINANCE

To approve the second amendment to the Cobb County Government

Employees’ Pension Plan as amended and restated effective as of January

1. 2010, and authorize the Chairman to execute the necessary documents.

A copy of the Second Amendment to the Cobb County Government

Employees’ Pension Plan is attached and made a part of these minutes.

Funding will be addressed in the adopted budgets of future plan years.

Page 102 of 166



DECEMBER 19, 2013

PAGE 5


FINANCE (CONT.)

11H. ADOPTION OF RESOLUTION ADOPTING ALL BUDGET

AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS

DATE – FINANCE

To adopt a resolution adopting all budget amendments set forth in agenda

items on this date. A copy of the resolution is attached and made a part of

these minutes.

SHERIFF’S OFFICE

11I. AUTHORIZATION TO CLASSIFY 21 TACTICAL RIFLES AS

SURPLUS AND EXCHANGE THOSE SURPLUS WEAPONS FOR

NEW TACTICAL RIFLES – SHERIFF’S OFFICE

To authorize the Cobb County Sheriff's Office to classify 21 tactical

weapons as surplus, authorize the trade of said weapons to DRD Tactical,

authorize the corresponding budget transactions, and further authorize

the Chairman to execute the necessary documents.

COUNTY CLERK

11J. APPROVAL OF MINUTES – COUNTY CLERK

To approve the minutes of the following meetings:

December 9, 2013 - Special Called Meeting/Agenda Work Session

December 10, 2013 - Regular Meeting of the Board

SUPERIOR COURT

11K. AUTHORIZATION TO CREATE FOUR PART-TIME JUDICIAL

ASSISTANTS IN SUPERIOR COURT FOR ASSISTING SENIOR

JUDGES – SUPERIOR COURT

To authorize the creation of four part-time Judicial Assistants (Grade

10P) in Superior Court that will jointly share in the responsibility of

assisting the Senior Judges of the Superior Court for a total of 40 hours per

week year-round; and further authorize the corresponding budget

transactions.

Funding:

Funding in FY14 will be made available with the following transfer:

Transfer from:

010-225-9520-6332 (Senior Judge Professional Fee) $12,010.03

010-225-9520-6354 (Juror Witness Constable Fee) $23,400.00

$35,410.03

Transfer to:

010-225-9520-6018 (Part-time) $32,497.60

010-225-9520-6034 (FICA) $ 2,486.06

010-225-9520-6052 (Workers Comp) $ 426.37

$35,410.03

CONSENT VOTE: ADOPTED 4-0, Commissioner Ott absent

Page 103 of 166



DECEMBER 19, 2013

PAGE 6

12. TRANSPORTATION AGENCY

Engineering

12A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE

CONTRACT WITH GRESHAM SMITH AND PARTNERS FOR

ADDITIONAL DESIGN OF ROADWAY SAFETY AND

OPERATIONAL IMPROVEMENTS ON LOWER ROSWELL

ROAD – TRANSPORTATION

MOTION: Motion by Lee, second by Cupid, to approve Supplemental

Agreement No. 1 to the contract with Gresham Smith and Partners, in an

amount not to exceed $44,301.64, for additional design of roadway safety

and operational improvements on Lower Roswell Road, Project No.

E6020, MIS Contract No. 000532; 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-E006-E602-8721-E6020-E $44,301.64

Transfer to: 345-050-E006-E602-8722-E6020-E $44,301.64


Page 104 of 166



DECEMBER 19, 2013

PAGE 7

13. BOARD OF COMMISSIONERS

13A. APPROVAL OF COMMISSIONER ASSIGNMENTS AND VICE

CHAIR FOR 2014 – BOARD OF COMMISSIONERS

MOTION: Motion by Lee, second by Goreham, to approve the following

Commissioner Assignments and Vice Chair for the 2014:

Commissioner Helen Goreham - District 1

1. Public Services Agency

2. Communications Department

Commissioner Bob Ott - District 2

1. Community Development Agency

2. Cobb Travel and Tourism

Commissioner JoAnn Birrell - District 3

1. Water System Agency

2. Public Safety Agency

Commissioner Lisa Cupid - District 4

1. Support Services Agency

Chairman Tim Lee

1. Transportation Agency

2. County Clerk's Office

3. All Elected Officials

4. Economic Development Department

5. Finance Department

6. Internal Audit Division - Audit Committee

7. Human Resources Department - Compensation Committee

8. Judicial System (All courts)

9. Cobb EMA

Note: Commissioner Bob Ott is appointed to serve as vice chairman for

the year 2014.


14. APPOINTMENT AND REAPPOINTMENT TO THE PENSION BOARD

MOTION: Motion by Lee, second by Birrell, to approve the following

appointment and reappointment to the Board of Trustees for the Cobb County

Government Employees’ Pension Plan:

• Reappoint Mr. Bill Hutson for a three year term to expire December 31,

2016.

• Appoint Mr. Roger Tutterow for a three year term to expire December 31,

16. Said appointment replaces Mr. Gary Bottoms, who resigned effective

December 31, 2013.


Page 105 of 166



DECEMBER 19, 2013

PAGE 8

15. ANNOUNCEMENT OF APPOINTMENT TO THE COMMUNITY

RELATIONS COUNCIL

Commissioner Birrell announced her appointment of Ms. Tonya Boga to the

Community Relations Council, for a one year term to expire December 31, 2014. This

appointment replaces Mr. James Balli.

ADJOURNMENT

The meeting was adjourned at 6:49 p.m.

____________________________________________

Candace W. Ellison, CCC

County Clerk


Page 106 of 166

COBB COUNTY TRANSPORTATION AGENCY

REGULAR AGENDA COVER


ITEM NO.

Engineering

1 To approve a Consulting Services Agreement with Michael Baker Jr., Inc., to complete the design of intersection safety and operational improvements on Johnson Ferry Road at Sewell Mill Road, Project No. D3220, MIS Contract No. 000766.

2 To approve a contract with Lewallen Construction Company, Inc., for construction of Silver Comet Trail Pedestrian Bridges, Project No. E1160, MIS Contract No. 000031.

3 To approve a contract with Chatfield Contracting Company, Inc., for drainage system improvements along Silver Comet Trail, Project No. E2040, MIS Contract No. 000689.

4 To approve Resurfacing Contract 2014-1 Countywide Major Thoroughfares (Local Maintenance Improvement Grant) with Baldwin Paving Company, Inc., for the resurfacing of County-maintained streets, Project No. E9130, MIS Contract No. 000756.

5 To approve Supplemental Agreement No. 1 to the contract with R. K. Shah & Associates, Inc., to complete design of roadway safety and operational improvements on Lower Roswell Road (West), Project No. D6130, MIS Contract No. 000106.

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

7 To approve Change Order No. 1 (final) to the contract with CMES, Inc., for sidewalk construction on Six Flags Drive, State Project No. CSTEE-0008-00(104), State P.I. No. 0008104, Cobb County Project No. D7030, MIS Contract No. 000478.

8 To approve Change Order No. 2 to the contract with CMES, Inc., for roadway safety and operational improvements on Lower Roswell Road (East), Project No. D6140, MIS Contract No. 000484.

9 To approve Change Order No. 1 (final) to the contract with W. E. Contracting Company, Inc., for drainage system repairs on Hunting Creek Drive, Project No. E2440, MIS Contract No. 000739.

10 To approve Change Order No. 1 (final) to the contract with D&H Construction Company, Inc., for improvements on John Ward Road Sidewalk, Phase 2, Project No. E7180, MIS Contract No. 000639.

Page 107 of 166

11 To approve Change Order No. 1 (final) to the contract with Summit Construction & Development, LLC, for school zone safety and operational improvements on Church Street at Mableton Elementary School, Project No. E8010, MIS Contract No. 000640.

12 To approve Project No. E4090-TO#01 to the 2012 Master Task Order Contract with Gresham, Smith and Partners for a concept corridor study for Windy Hill Road/Terrell Mill Road Connector, MIS Contract No. 000565.

13 To authorize payment to the U.S. Army Corps of Engineers for plan review of the bridge replacement on Old Stilesboro Road over Little Allatoona Creek, Project No. E1060.

Road Maintenance

14 To authorize procurement of a walk-behind concrete floor saw to be utilized by the Department of Transportation 2011 SPLOST Transportation Improvements Program Sidewalk, Drainage, and Bridge Crew.

Planning

15 To approve Supplemental Agreement No. 1 to the contract with Kimley-Horn and Associates, Inc., for additional services necessary to complete the Environmental Assessment/ Environmental Impact Statement documentation for a potential major transportation investment in the Northwest Corridor, Project No. E10E0, MIS Contract No. 000584.

Page 108 of 166







PURPOSE To approve a Consulting Services Agreement with Michael Baker Jr., Inc., to complete the design of intersection safety and operational improvements on Johnson Ferry Road at Sewell Mill Road, Project No. D3220, MIS Contract No. 000766.

BACKGROUND

Johnson Ferry Road at Sewell Mill Road is an approved intersection safety and operational improvements project in the 2005 SPLOST Transportation Improvements Program (TIP). Proposed improvements include relocating Pine Road approximately 100 feet west of its current intersection with Sewell Mill Road, reducing a vertical curve on Sewell Mill Road to improve sight distance, widening Sewell Mill Road to provide one 11-foot wide westbound travel lane and a westbound left turn lane at Pine Road, lengthening the eastbound right turn lane on Sewell Mill Road at Johnson Ferry Road, and adding 5-foot wide sidewalks on both sides of Sewell Mill Road. Project length is approximately 0.15 miles. On May 13, 2008, the Board of Commissioners approved a contract with The LPA Group Incorporated for the design of intersection safety and operational improvements on Johnson Ferry Road at Sewell Mill 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, this project was deferred until funding became available to proceed.

Comm. Dist.

2


Page 109 of 166

On May 1, 2010, The LPA Group Incorporated was acquired by Michael Baker Jr., Inc. On April 11, 2011, the Department terminated the Consulting Services Agreement with The LPA Group Incorporated, now doing business as Michael Baker Jr., Inc., for the Johnson Ferry Road at Sewell Mill Road project, to allow the remaining funds in this deferred project to be reallocated towards an active project in the 2005 SPLOST TIP. On July 9, 2013, the Board approved the updated budget and schedule for the 2005 SPLOST TIP, and re-established the budgets on the projects which were previously deferred or delayed due to budget impacts resulting from decreased 2005 SPLOST revenue collections. Johnson Ferry Road at Sewell Mill Road was one of these projects. Details for action requested are as follows: To move forward with completion of the engineering design of the intersection safety and operational improvements on Johnson Ferry Road at Sewell Mill Road, a new Consulting Services Agreement is needed. Michael Baker Jr., Inc., formerly known as The LPA Group Incorporated, previously completed a major portion of the design work for the project prior to it being deferred; therefore, the Department is recommending approval of a Consulting Services Agreement with Michael Baker Jr., Inc., in an amount not to exceed $87,201.00, to complete the design for the Johnson Ferry Road at Sewell Mill Road project.

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

Transfer from: 340-050-7503-D322-8721-D3220-E $55,169.19

340-050-7503-D322-8761-D3220-C $32,031.81

Transfer to: 340-050-7503-D322-8722-D3220-E $87,201.00

RECOMMENDATION The Board of Commissioners approve a Consulting Services Agreement with Michael Baker Jr., Inc., in an amount not to exceed $87,201.00, to complete the design of intersection safety and operational improvements on Johnson Ferry Road at Sewell Mill Road, Project No. D3220, MIS Contract No. 000766; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.



Page 110 of 166

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PROJECT:Johnson Ferry Road at Sewell Mill RoadProject No. D3220

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LOCATION MAP

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Notes: Commission District 2Page 111 of 166





This item has been electronically signed by: Faye DiMassimo, Director


PURPOSE To approve a contract with Lewallen Construction Company, Inc., for construction of Silver Comet Trail Pedestrian Bridges, Project No. E1160, MIS Contract No. 000031.

BACKGROUND

Silver Comet Trail Pedestrian Bridges is an approved pedestrian bridge project in the Bridge Rehabilitation/Replacement Component of the 2011 SPLOST Transportation Improvements Program. The project consists of the repair of three wooden Silver Comet Trail Bridges over Lucille Creek, Noses Creek, and Cooper Lake Road. These three bridges, originally constructed by the railroad, were built between 1890 and 1904. The wooden bridge ends are failing and need to be replaced. The project also consists of the construction of approach slabs on these three bridges, along with two other bridges on the Silver Comet Trail. The Invitation to Bid was advertised in the Marietta Daily Journal on November 15, 22, and 26, 2013 and again on December 6, 2013. Bids were received on December 12, 2013, from the following companies:

Company Bid Amount

Lewallen Construction Company, Inc. $398,000.00

Massana Construction, Inc. $723,920.00

The L.C. Whitford Company, Inc. $788,887.00

Comm. Dist.

2, 4


Page 112 of 166

The low bid of $398,000.00 from Lewallen Construction Company, Inc., was reviewed and found to be reasonable and responsive. The completion date for this project is April 30, 2014.

FUNDING Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfers:

Transfer from: 345-050-E001-E116-8761-E1160-C $300,000.00

345-050-E001-E117-8761-E1170-C $ 98,000.00

Transfer to: 345-050-E001-E116-8762-E1160-C $398,000.00

RECOMMENDATION The Board of Commissioners approve a contract with Lewallen Construction Company, Inc., in an amount not to exceed $398,000.00, for construction of Silver Comet Trail Pedestrian Bridges, Project No. E1160, MIS Contract No. 000031; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.



Page 113 of 166

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PROJECT:Silver Comet Pedestrian BridgesProject No. E1160



E1170 SILVER COMET TRAIL OVER COOPER LAKE ROAD

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E1150 SILVER COMET TRAIL OVER LUCILLE CREEKCommission District 4

Silver Comet Trail

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Page 114 of 166







PURPOSE To approve a contract with Chatfield Contracting Company, Inc., for drainage system improvements along Silver Comet Trail, Project No. E2040, MIS Contract No. 000689.

BACKGROUND

Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. The Silver Comet Trail was constructed in the late 1990's. Cobb County Department of Transportation desires to resurface the Trail in Spring of 2014. There are numerous areas that have been patched, settled, and have drainage issues. The project scope includes drainage systems repairs, fence repairs and grading along the Silver Comet Trail. These improvements are necessary to prepare the Trail for future resurfacing. 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.

Comm. Dist.

2, 4


Page 115 of 166

Bids were received on January 2, 2014, from the following companies:

The low bid of $225,100.00 from Chatfield Contracting Company, Inc., was reviewed and found to be reasonable and responsive. The completion date for this project is April 14, 2014.

Company Bid Amount

Chatfield Contracting Company, Inc. $225,100.00

D & H Construction Company, Inc. $302,960.00


Transfer from: 345-050-E002-E204-8761-E2040-C $225,100.00

Transfer to: 345-050-E002-E204-8762-E2040-C $225,100.00

RECOMMENDATION The Board of Commissioners approve a contract with Chatfield Contracting Company, Inc., in an amount not to exceed $225,100.00, for drainage system improvements along Silver Comet Trail, Project No. E2040, MIS Contract No. 000689; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.



Page 116 of 166

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LOCATION MAP

EndProject

BeginProject

Page 117 of 166







PURPOSE To approve Resurfacing Contract 2014-1 Countywide Major Thoroughfares (Local Maintenance Improvement Grant) with Baldwin Paving Company, Inc., for the resurfacing of County-maintained streets, Project No. E9130, MIS Contract No. 000756.

BACKGROUND

Resurfacing is an approved component in the 2011 SPLOST Transportation Improvements Program (TIP). On July 23, 2013, the Board of Commissioners adopted a resolution authorizing submission of the the Local Maintenance and Improvement Grant (LMIG) Program application for FY14 to the Georgia Department of Transportation (GDOT) for the resurfacing of 26 County-maintained roads. Under the terms of the program, the State agreed to fund the grant in the amount of $3,901,238.88. In accordance with the Transportation Investment Act, the County is required to match the GDOT grant funding with a minimum 30 percent match. The County has received and appropriated the grant funding from GDOT. Bids were solicited on a unit price basis for variable depth milling, patching, leveling, resurfacing, hot-in-place recycled asphaltic concrete, crack sealing and pavement markings. This resurfacing contract consists of 32 roads, which includes the addition of 6 thoroughfares not submitted to GDOT for approval, totaling 36.69 miles. Also included in the contract is crack sealing of 6 roads totaling 15.02 miles. Attached is the recommended list of streets to be paved/crack sealed under this contract. This list may be modified based on field conditions.

Comm. Dist.

All


Page 118 of 166

When added to the previous twelve resurfacing contracts awarded since October 2011, this contract will result in a total of 942 resurfaced streets within the County's four Commission Districts, representing a $63,764,361.27 cumulative investment in preserving County infrastructure.

The Invitation to Bid for Resurfacing Contract 2014-1 Countywide Major Thoroughfares (LMIG) was advertised in the Marietta Daily Journal on October 25, 2013, and on November 1, 8 and 15, 2013. Bids were received on November 21, 2013, from the following companies:

The low bid of $10,887,950.51 from Baldwin Paving Company, Inc., was reviewed and found to be reasonable and responsive. Bid tabulation consisted of $10,876,149.96 in roadway costs and $11,800.55 in Water System costs. The contract completion date for this work is December 31, 2014. The State LMIG contract will contribute a total of $3,901,238.88 toward Resurfacing Contract 2014-1 Countywide Major Thoroughfares (LMIG). The 2011 SPLOST TIP will fund an amount not to exceed $6,974,911.08. Cobb County Water System will fund the remaining $11,800.55.

Company Bid Amount

Baldwin Paving Company, Inc. $10,887,950.51

C.W. Matthews Contracting Company, Inc. $11,445,907.27

Stewart Brothers, Inc. $14,575,324.25

FUNDING

Available in the 2011 SPLOST Transportation Improvements Program (TIP) Fund with the following budget transfers:

Available in the Water System's SPLOST Project-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects - Relocate Lines

Transfer from: 345-050-E009-E913-8761-E9130-C $8,999,000.00 345-050-E009-E922-8761-E9220-C $1,877,149.96 Transfer to: 345-050-E009-E913-8762-E9130-C $10,876,149.96

Preliminary Estimates 510-500-5756-8005-W4069-Z $12,090.55


Page 119 of 166

Transfer to: Floyd Road Turn Lane at East/West Connector

Construction 510-500-5756-8260-W4303-C $11,800.55

Interest Expense on Retainage 510-500-5756-6613-W4303-A $ 60.00

Contingency 510-500-5756-8810-W4303-T $ 230.00

Total $12,090.55

RECOMMENDATION The Board of Commissioners approve Resurfacing Contract 2014-1 Countywide Major Thoroughfares (Local Maintenance Improvement Grant) with Baldwin Paving Company, Inc., in an amount not to exceed $10,887,950.51, for the resurfacing of County-maintained streets, Project No. E9130, MIS Contract No. 000756; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSStreets List


Page 120 of 166

Resurfacing Contract 2014-1

Countywide Major Thoroughfares (LMIG)

Project No. E9130

Streets List

No. Road Name Begin EndComm

District

Length

(miles)

1 Antioch Road Due West Road Paulding County 1 1.84

2 Gordon Combs Road Burnt Hickory Road Kennesaw Due West Road 1 1.38

3 Greers Chapel Road North Cobb Parkway Ridenour Road 1 0.14

4 Hadaway Road Acworth Due West Road Due West Road 1 3.01

5 Hamilton Road Paul Samuel Road Kennesaw Due West Road 1 1.44

6 Ridenour Road Greers Chapel Road Old 41 Highway 1 0.40

7 Third Army Road North Cobb Parkway Bartow County Line 1 0.12

8 Villa Rica Way Barrett Parkway Dallas Highway 1 0.26

9 Church Road South Cobb Drive North Church Lane 2 0.63

10 Columns Drive Johnson Ferry Road End 2 2.52

11 Indian Hills Parkway Lower Roswell Road Roswell Road 2 1.26

12 Pace Ferry Road Atlanta Road Paces Mill Road 2 1.68

13 Plant Atkinson Road Log Cabin Road North Church Lane 2 0.84

14 Power Ferry Road Terrell Mill Road Delk Road 2 0.43

15 Canton Road Canton Road Connector Rosedale Drive 3 0.93

16 Casteel Road Murdock Road Oak Lane 3 1.21

17 Davis Road Shallowford Road Sandy Plains Road 3 1.80

18 Hamby Road Hickory Grove Road Cherokee County 3 1.67

19 Jamerson Rd / Wigley Rd Canton Road Sandy Plains Road 3 2.08

20 Lake Drive Canton Road Jamerson Road 3 0.40

21 Royal Drive Shiloh Road Jiles Road 3 0.51

22 Shallowford Road Canton Road RR crossing 3 0.34

23 Shiloh Road Royal Drive Wade Green Road 3 0.78

24 Brown Road Hiram Lithia Springs Road Stout Parkway 4 1.74

25 Floyd Road Austell Road Hicks Road 4 1.99

26 Holloman Road Stout Parkway Hiram Lithia Springs Road 4 1.67

27 John Petree Road Macland Road Hopkins Road 4 1.21

28 Old Concord Road Concord Road Church Street 4 0.39

29 Pisgah Road Old Powder Springs Road South Gordon Road 4 1.47

30 South Service Road Six Flags Parkway Riverside Parkway 4 0.43

31 White Road Factory Shoals Road Riverside Parkway 4 1.52

32 Windsor Drive Concord Road Nickajack Road 4 0.60

Crack Seal Roads

33 Cobb Place Boulevard Barrett Parkway Barrett Lakes Boulevard 1 0.51

34 Kennesaw Due West Road Acworth Due West Road Stilesboro Road 1 2.86

35 Bells Ferry Road 1-575 Cherokee County 3 2.06

36 Canton Road Blackwell Road Cherokee County 3 3.11

37 George Busbee Parkway Frey Road Wade Green (new paving limits) 3 1.15

38 Sandy Plains Road Post Oak Tritt Road Woodstock Road (SR92) 3 5.33

Total Resurfaced Miles 36.69

Total Crack Sealed Miles 15.02

Page 121 of 166







PURPOSE To approve Supplemental Agreement No. 1 to the contract with R. K. Shah & Associates, Inc., to complete design of roadway safety and operational improvements on Lower Roswell Road (West), Project No. D6130, MIS Contract No. 000106.

BACKGROUND

Lower Roswell Road (West), from South Marietta Parkway (SR120 Loop) to Terrell Mill Road, is an approved roadway safety and operational improvements project in the 2005 SPLOST Transportation Improvements Program (TIP). Proposed improvements include widening Lower Roswell Road from approximately 425 feet east of South Marietta Parkway (SR120 Loop) to Holt Road. Widening includes extending a second east bound through lane to Clearwater Drive, and adding a two-way left turn lane from approximately 425 feet east of South Marietta Parkway (SR120 Loop) to Old Sewell Road. Improvements include construction of a right turn lane, extension of the existing left turn lane for Sedalia Park Elementary School, and the addition of a right turn lane for East Valley Elementary School. A right turn exit lane will also be constructed at Sewell Park. The project will add 5-foot wide sidewalks on both sides of Lower Roswell Road within the project limits, which is approximately 1.1 miles. On August 14, 2007, the Board of Commissioners approved a contract with R.K. Shah & Associates Inc., for the design of roadway safety and operational improvements on Lower Roswell Road (West). 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, this project was deferred until funding became available to proceed.

Comm. Dist.

2


Page 122 of 166

On July 9, 2013, the Board approved the updated budget and schedule for the 2005 SPLOST TIP, and re-established the budgets on the projects which were previously deferred or delayed due to budget impacts resulting from decreased SPLOST revenue collections. Lower Roswell Road (West) was one of these projects. Details for action requested are as follows: To move forward with completion of the engineering design of roadway safety and operational improvements on Lower Roswell Road (West), Supplemental Agreement No. 1 is needed. R.K. Shah & Associates, 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 R.K. Shah & Associates, Inc., in an amount not to exceed $70,794.78, to complete the design for the Lower Roswell Road (West) project.

Original Contract $394,442.00

Supplemental Agreement No. 1 $ 70,794.78

Revised Contract $465,236.78


Transfer from: 340-050-7506-D613-8721-D6130-E $70,794.78

Transfer to: 340-050-7506-D613-8722-D6130-E $70,794.78

Increase GAE 340081407423: 340-050-7506-D613-8722-D6130E $70,794.78

RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 1 to the contract with R. K. Shah and Associates, Inc., in an amount not to exceed $70,794.78, to complete the design of roadway safety and operational improvements on Lower Roswell Road (West), Project No. D6130, MIS Contract No. 000106; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.



Page 123 of 166

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Page 124 of 166







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

BACKGROUND

As part of the 2011 SPLOST Transportation Improvements Program (TIP), there are three approved projects within the Six Flags Drive Corridor:

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

Phase 1 - Six Flags Drive roadway safety and operational improvements, from Factory Shoals Road to Riverside Parkway, Project No. E6090

Phase 2 - Six Flags Drive roadway safety and operational improvements, from Riverside Parkway to Six Flags Parkway, Project No. E6080

Phase 3 - Six Flags Parkway at Lee Industrial Boulevard/Six Flags Drive intersection improvements, Project No. E3070

Comm. Dist.

4


Page 125 of 166

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


Supplemental Agreement No. 1 $122,920.00



FUNDING

Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer:


345-050-E006-E609-8761-E6090-C $70,692.00

345-050-E006-E609-8721-E6090-E $ 953.00

Transfer to: 345-050-E006-E608-8722-E6080-E $28,329.00

345-050-E006-E609-8722-E6090-E $71,645.00


Page 126 of 166

Increase GAE 345081412502: 345-050-E006-E608-8722-E6080-E $28,329.00

Increase GAE 3450828125041: 345-050-E006-E609-8722-E6090-E $71,645.00

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



Page 127 of 166

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Page 128 of 166







PURPOSE To approve Change Order No. 1 (final) to the contract with CMES, Inc., for sidewalk construction on Six Flags Drive, State Project No. CSTEE-0008-00(104), State P.I. No. 0008104, Cobb County Project No. D7030, MIS Contract No. 000478.

BACKGROUND

Six Flags Drive is an approved project in the Sidewalks Component of the 2005 SPLOST Transportation Improvements Program and is also designated as Georgia Department of Transportation (GDOT) Project No. CSTEE-0008-00(104), State P.I. No. 0008104. The project consisted of the addition of sidewalk along the south side of Six Flags Drive, from Crestside Drive to the Interstate 20 westbound on-ramp at Riverside Parkway. The project also filled in existing sidewalk gaps on the north side of Six Flags Drive within the project limits. Also included in the project were two signal upgrades to provide pedestrian signals, and installation of the County's first Pedestrian Hybrid Beacon, or HAWK, which is an acronym for High Intensity Activated Crosswalks, to provide signalized mid-block crossing. The HAWK operates similar to a button-activated traffic signal by stopping traffic to allow pedestrians to safely cross the roadway. On August 9, 2011, the Board of Commissioners approved a Transportation Enhancement Activities Agreement with GDOT. Under the terms of the Agreement, GDOT agreed to fund 80 percent of the eligible construction costs incurred, up to a maximum of $800,000.00. Cobb County was responsible for 20 percent of the eligible construction costs incurred, up to a maximum of $200,000.00, and 100 percent of all costs exceeding the State maximum. On March 27, 2012, the Board approved a contract with CMES, Inc., for sidewalk construction on Six Flags Drive.

Comm. Dist. 4


Page 129 of 166

Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with CMES, Inc., a savings to the project in the amount of $207,168.72, is requested due to variations between the original and final plan quantities. These are the final changes necessary to close this contract with CMES, Inc.


Change Order No. 1 (final) ($207,168.72)


FUNDING

A savings to the 2005 SPLOST Transportation Improvements Program Fund.

Decrease appropriation of revenue from Georgia Department of Transportation Contract CSTEE-0008-00(104), as follows:

A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers:

Decrease GAE 340032712601: 340-050-7507-D703-8762-D7030-C $153,214.17

Decrease Revenue Appropriation: 340-050-7507-D703-4466-D7030-C $111,483.35

Decrease Expenditure Appropriation: 340-050-7507-D703-8762-D7030-C $111,483.35

Decrease GAE 510032712601: 510-500-5756-8260-W4133-C $53,954.55

Transfer from:

Six Flags Drive Sidewalk

Construction 510-500-5756-8260-W4133-C $53,954.55

Transfer to:

SPLOST Projects-Relocate Lines



Page 130 of 166

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with CMES, Inc., a savings to the project in the amount of $207,168.72, for sidewalk construction on Six Flags Drive, State Project No. CSTEE-0008-00(104), State P.I. No. 0008104, Cobb County Project No. D7030, MIS Contract No. 000478; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


Page 131 of 166







PURPOSE To approve Change Order No. 2 to the contract with CMES, Inc., for roadway safety and operational improvements on Lower Roswell Road (East), Project No. D6140, MIS Contract No. 000484.

BACKGROUND

Lower Roswell Road (East) is an approved roadway safety and operational improvements project in the 2005 SPLOST Transportation Improvements Program. The project consists of the addition of sidewalks, trail, and bike lanes along a 2.9 mile portion of Lower Roswell Road, from Davidson Road to Timber Ridge Road. Construction of a roundabout at the northern end of the project is also included, where Lower Roswell Road intersects with Willeo Road and Timber Ridge Road. On June 28, 2011, the Board of Commissioners approved a contract with CMES, Inc., for roadway safety and operational improvements on Lower Roswell Road (East). On January 24, 2012, the Board approved Supplemental Agreement No.1 and Change Order No. 1 to the contract with CMES, Inc., for the re-alignment of Lower Roswell Road between Saints Drive and Hyde Road. On July 10, 2012, the Board approved Supplemental Agreement No. 2 to the contract with CMES, Inc., for replacement of a damaged sewer force main with a new gravity sewer main, including manholes, between Hyde Road and Glenverness Drive.

Comm. Dist.

2


Page 132 of 166

On August 27, 2013, the Board approved Supplemental Agreement No. 3 to the contract with CMES, Inc., for additions of rock embankment, all-weather thermoplastic striping, erosion control items and extension of the six-inch water main. Additionally, the contract time was extended to December 21, 2013. Details for action requested are as follows: Previously, a contract time extension was approved to December 21, 2013, due to delays in receiving the National Park Service Permit and the corresponding impacts to the necessary utility relocations along the Chattahoochee River National Recreation Area. While the contractor diligently pursued the extended work schedule, the adverse impact of additional utility relocation delays, coupled with inclement weather during the months of November and December, have resulted in the contractor not being able to meet the revised completion date. The contractor has requested a time extension of 130 days. The Department has reviewed this request and found it reasonable, and recommends a revised completion date of April 30, 2014. Change Order No. 2 to the contract with CMES, Inc., a no-cost time extension, is requested to revise the contract completion date to April 30, 2014.

Original Contract $8,484,355.00


Change Order No. 1 $ 9,109.00



Change Order No. 2 $ 0.00

Revised Contract Amount $8,823,175.97

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve Change Order No. 2, a no-cost time extension, to the contract with CMES, Inc., for roadway safety and operational improvements on Lower Roswell Road (East), Project No. D6140, MIS Contract No. 000484; and authorize the Chairman to execute the necessary documents.



Page 133 of 166

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Page 134 of 166







PURPOSE To approve Change Order No. 1 (final) to the contract with W. E. Contracting Company, Inc., for drainage system repairs on Hunting Creek Drive, Project No. E2440, MIS Contract No. 000739.

BACKGROUND

Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Hunting Creek Drive is classified as a local road on the County’s Major Thoroughfare Plan. The existing culvert crossing in the vicinity of 91 Hunting Creek Drive consisted of a 60-inch corrugated metal pipe. The pipe was deteriorated beyond repair and needed replacement, and the roadway shoulder needed to be stabilized behind the outlet headwall. The project scope included replacing the existing corrugated metal pipe with reinforced concrete pipe, replacing both headwalls, removing existing drainage structures, installing catch basins, and stabilizing the roadway shoulder. 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 August 13, 2013, the Board approved a contract with W.E. Contracting Company, Inc., for drainage system repairs on Hunting Creek Drive.

Comm. Dist. 2


Page 135 of 166

Details for action requested are as follows: Construction of the project is complete and Change Order No. 1 (final) to the contract with W.E. Contracting Company, Inc., a savings to the project in the amount of $12,319.30, is requested due to variations between the original and final plan quantities, including underruns in construction allowance and utility allowance. These are the final changes necessary to close this contract with W.E. Contracting Company, Inc.


Change Order No. 1 ($ 12,319.30)


FUNDING A savings to the 2011 SPLOST Transportation Improvements Program Fund.

Decrease GAE 345081313402: 345-050-E002-E244-8762-E2440-C $12,319.30

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with W. E. Contracting Company, Inc., a savings to the project in the amount of $12,319.30, for drainage system repairs on Hunting Creek Drive, Project No. E2440, MIS Contract No. 000739; and authorize the Chairman to execute the necessary documents.


Page 136 of 166







PURPOSE To approve Change Order No. 1 (final) to the contract with D&H Construction Company, Inc., for improvements on John Ward Road Sidewalk, Phase 2, Project No. E7180, MIS Contract No. 000639.

BACKGROUND

John Ward Road Sidewalk, from Glenn Valley Drive to Arbor Forest Drive, is an approved school related/Safe Routes to School project in the 2011 SPLOST Transportation Improvements Program. Construction of this project was planned in two phases. On September 25, 2012, the Board of Commissioners approved a contract with Chatfield Contracting, Inc., for improvements on John Ward Road Sidewalk, Phase 1. The construction limits for Phase 1 extended west from Glenn Valley Drive to 500 feet north of Brookmont Trace. Phase 1 has been completed. On May 14, 2013, the Board approved a contract with D&H Construction Company, Inc., for improvements on John Ward Road Sidewalk, Phase 2. The project consisted of pedestrian improvements along the west side of John Ward Road and included the addition of curb and gutter and a five-foot wide sidewalk, starting north of Brookmont Trace and ending just north of Arbor Forest Drive, connecting the existing sidewalks.

Comm. Dist. 1


Page 137 of 166

Details for action requested are as follows: Construction of Phase 2 is complete and Change Order No. 1 (final) to the contract with D&H Construction Company, Inc., a savings to the project in the amount of $122,341.67, is requested due to variations between the original and final plan quantities, including underruns in concrete quantities, drainage items, construction allowance and utility allowance. These are the final changes necessary to close this contract with D&H Construction Company, Inc.


Change Order No. 1 (final) ($122,341.67)




Transfer from: John Ward Road Sidewalk

Transfer to: SPLOST Projects-Relocate Lines


Decrease GAE 510051413404: 510-500-5756-8260-W4285-C $37,066.75

Construction 510-500-5756-8260-W4285-C $37,066.75


RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with D&H Construction Company, Inc., a savings to the project in the amount of $122,341.67, for improvements on John Ward Road Sidewalk, Phase 2, Project No. E7180, MIS Contract No. 000639; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


Page 138 of 166





This item has been electronically signed by: Faye DiMassimo, Director


PURPOSE To approve Change Order No. 1 (final) to the contract with Summit Construction & Development, LLC, for school zone safety and operational improvements on Church Street at Mableton Elementary School, Project No. E8010, MIS Contract No. 000640.

BACKGROUND

Church Street at Mableton Elementary School is an approved school zone safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program. The project consisted of construction of curb and gutter, sidewalk, and drainage on the north side of Clay Road, the east side of Daniel Street, the north side of Center Street, and the west side of Peak Street, connecting existing sidewalks to Mableton Elementary School. On April 23, 2013, the Board of Commissioners approved a contract with Summit Construction & Development, LLC, for school zone safety and operational improvements. Details for action requested are as follows: Construction is complete and Change Order No. 1 (final) to the contract with Summit Construction & Development, LLC, a savings to the project in the amount of $38,336.24, is requested due to variations between the original and final plan quantities, including construction allowance and utility allowance funding not needed. These are the final changes necessary to close this contract with Summit Construction & Development, LLC.

Comm. Dist. 4


Page 139 of 166


Change Order No. 1 (final) ($ 38,336.24)




Transfer from: Church Street at Mableton Elementary School

Transfer to: SPLOST Projects-Relocate Lines


Decrease GAE 510042313704: 510-500-5756-8260-W4284-C $4,833.35

Construction 510-500-5756-8260-W4284-C $4,833.35


RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Summit Construction & Development, LLC, a savings to the project in the amount of $38,336.24, for school zone safety and operational improvements on Church Street at Mableton Elementary School, Project No. E8010, MIS Contract No. 000640; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


Page 140 of 166







PURPOSE To approve Project No. E4090-TO#01 to the 2012 Master Task Order Contract with Gresham, Smith and Partners for a concept corridor study for Windy Hill Road/Terrell Mill Road Connector, MIS Contract No. 000565.

BACKGROUND

Windy Hill Road/Terrell Mill Road Connector is a proposed project in the Thoroughfare Improvements Component in the 2011 SPLOST Transportation Improvements Program. The proposed project consists of a new roadway parallel to I-75, connecting Windy Hill Road with Terrell Mill Road. The purpose of this study is to analyze potential alignments between Windy Hill Road and Terrell Mill Road, resulting in a concept the County can utilize for design and future construction. This new roadway will intersect Windy Hill Road, between Spectrum Circle and Leland Drive, and Terrell Mill Road, between Bentley Road and Woodchase Lane. On May 8, 2012, the Board of Commissioners approved the 2012 Master Task Order Contracts. Gresham, Smith and Partners was approved for Transportation, Planning and Environmental Services. Project No. E4090-TO#01 to the 2012 Master Task Order Contract with Gresham, Smith and Partners, in an amount not to exceed $49,884.00, is requested for a concept corridor study for Windy Hill Road/Terrell Mill Road Connector.

Comm. Dist.

2


Page 141 of 166



Transfer to: 345-050-E004-E409-8722-E4090-E $49,884.00

RECOMMENDATION The Board of Commissioners approve Project No. E4090-TO#01 to the 2012 Master Task Order Contract with Gresham, Smith and Partners, in an amount not to exceed $49,884.00, for a concept corridor study for Windy Hill Road/Terrell Mill Road Connector, MIS Contract No. 000565; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.



Page 142 of 166

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PROJECT:Windy Hill Road/Terrell Mill Road ConnectorProject No. E4090 [




LOCATION MAP

Windy Hill Road/Terrell Mill Road Connector(Alignment to be Determined)

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PURPOSE To authorize payment to the U.S. Army Corps of Engineers for plan review of the bridge replacement on Old Stilesboro Road over Little Allatoona Creek, Project No. E1060.

BACKGROUND Old Stilesboro Road over Little Allatoona Creek is an approved bridge rehabilitation/ replacement project in the 2011 SPLOST Transportation Improvements Program. The project consists of the replacement of the existing substandard, weight-restricted bridge on Old Stilesboro Road over Little Allatoona Creek. The property on each side of Little Allatoona Creek is owned by the U.S. Government, under the jurisdiction of the U.S. Army Corps of Engineers (USACE) Mobile District Office. The USACE requires the Mobile District Office to review and approve plans. An administrative fee of $5,000.00 must accompany the submittal of the plans to be reviewed. Any unused portion of the fee will be returned to Cobb County. If the cost of the review exceeds the fee, the USACE will request additional payment. Final plans are ready to be submitted.

FUNDING

Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer:


Transfer to: 345-050-E001-E106-8722-E1060-E $5,000.00

Comm. Dist.

1


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RECOMMENDATION The Board of Commissioners authorize payment to the U.S. Army Corps of Engineers (USACE), in an amount not to exceed $5,000.00, for plan review of the bridge replacement on Old Stilesboro Road over Little Allatoona Creek, Project No. E1060; and further authorize the corresponding budget transaction.



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PROJECT:Old Stilesboro Road over Little Allatoona CreekProject No. E1060

[




LOCATION MAP

Project Location

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PURPOSE To authorize procurement of a walk-behind concrete floor saw to be utilized by the Department of Transportation 2011 SPLOST Transportation Improvements Program Sidewalk, Drainage, and Bridge Crew.

BACKGROUND

On March 15, 2011, the voters of Cobb County approved a Special Purpose Local Option Sales Tax (SPLOST) to fund capital improvement projects throughout the County and within each of its six cities. Approved components of the 2011 Transportation Improvements Program (TIP) portion of the 2011 SPLOST Program include sidewalks, drainage, and bridge improvements. The Sidewalk Component provides pedestrian facilities that are safe transportation alternatives to the automobile, while also providing access to major activity centers. The Drainage Component provides for the repair, replacement, and improvement of existing drainage facilities within County rights-of-way. The Bridge Component provides for the rehabilitation and replacement of existing bridges to ensure structural integrity and operational safety of the County’s bridges. On April 24, 2012, the Board of Commissioners authorized the establishment of a County Sidewalk, Drainage and Bridge Crew in conjunction with the sidewalk, drainage and bridge components of the 2011 SPLOST TIP, and approved the initial operating and capital budgets required to support these positions.

Comm. Dist.

All


Page 147 of 166

The initial budget was established with funding for positions, equipment, and start-up material expenditures. To date, a concrete floor saw belonging to the Department’s Traffic Signal Division has been utilized when needed; however, this saw has limited depth capacity and the sidewalks now being constructed require cutting ranges that exceed this equipment’s capacity. When needed, the Department has been renting an appropriate saw; however, the type of saw required is not always readily available, and the rental cost of this equipment cannot be sustained for the remainder of the Program. Four quotes were obtained to procure a 26-inch blade, walk-behind concrete floor saw. The lowest price quote was received from RTM Supply, Inc., in the amount of $14,559.00. Funding is available in the 2011 SPLOST TIP Fund budget, as savings have been realized from the initial capital funding previously approved by the Board.

FUNDING Available in the 2011 SPLOST Transportation Improvements Program Fund as follows:

345-050-E007-E700-8776-E7000-P $14,559.00

RECOMMENDATION The Board of Commissioners authorize procurement of a walk-behind concrete floor saw, in an amount not to exceed $14,559.00, to be utilized by the Department of Transportation 2011 SPLOST Transportation Improvements Program Sidewalk, Drainage and Bridge Crew.


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PURPOSE To approve Supplemental Agreement No. 1 to the contract with Kimley-Horn and Associates, Inc., for additional services necessary to complete the Environmental Assessment/ Environmental Impact Statement documentation for a potential major transportation investment in the Northwest Corridor, Project No. E10E0, MIS Contract No. 000584.

BACKGROUND

The Northwest Atlanta Corridor Alternatives Analysis (AA) Study currently underway will provide information on the benefits, costs, and impacts of alternative transportation investments and involves a wide range of stakeholders, including the general public, resulting in selection of a locally preferred alternative. In order to fully integrate the required environmental work, the Department is conducting the National Environmental Policy Act (NEPA) process in coordination with the AA Study for the resulting potential Northwest Corridor transportation investment. The Environmental Assessment (EA)/Environmental Impact Statement (EIS) will identify and document anticipated environmental effects associated with the potential investment. On November 8, 2011, the Board of Commissioners authorized the Department to issue a Request for Proposals (RFP) to secure transportation planning services for EA/EIS documentation for a potential major transportation investment in the Northwest Corridor, and to advertise for and conduct a public hearing. The Public Hearing was held on March 13, 2012. On July 24, 2012, the Board approved a contract with Kimley-Horn and Associates, Inc., for the development of EA/EIS documentation for a potential major transportation investment in the Northwest Corridor.

Comm. Dist.

All


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Details for action requested are as follows: Supplement Agreement No. 1 to the contract with Kimley-Horn and Associates, Inc., is requested for additional services necessary to properly coordinate proposed improvements with a recently awarded Georgia Department of Transportation (GDOT) study between Windy Ridge Parkway and the SR120 Loop, a distance of approximately 5.9 miles. The scope of the GDOT led project will include concept development; field surveys and database enhancements; development of the environmental document to include all required special studies; preliminary construction plans; hydraulic and hydrological studies; preliminary bridge plans; signing and marking plans; final right-of-way plans to include revisions, if required; erosion control plans; and staging plans/final construction plans, to include revisions through final project acceptance. The cost of Supplemental Agreement No. 1 for additional services included in the development of the EA/EIS documentation, to include intersection operational analysis and modeling, coordination of physical design templates supporting adjacent land use coordination, and contingency funding, totals $295,000.00. Supplemental Agreement No. 1 will be 80 percent funded by existing Federal Transit Administration grants, in an amount not to exceed $236,000.00. The 20 percent local match required, in an amount not to exceed $59,000.00, is available in the 2011 SPLOST Transportation Improvements Program Fund budget approved by the Board for this project. Supplemental Agreement No. 1 has been reviewed by the County Attorney's Office.

FUNDING Available in the 2011 SPLOST Transporation Improvements Program Fund as follows:

340-050-E010-E10E-8722-E10E0-E $295,000.00

RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 1 to the contract with Kimley-Horn and Associates, Inc., in an amount not to exceed $295,000.00, for additional services necessary to complete the Environmental Assessment/Environmental Impact Statement documentation for a potential major transportation investment in the Northwest Corridor, Project No. E10E0, MIS Contract No. 000584; and authorize the Chairman to execute the necessary documents in substantially similar form to those attached, as approved by the County Attorney's Office.

ATTACHMENTSSupplemental Agreement No. 1 to the contract with Kimley-Horn and Associates, Inc., to be

provided under separate cover


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Supplemental Agreement No. 1 to the contract with Kimley-Horn and Associates, Inc. to be

provided under separate cover.

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COBB COUNTY PUBLIC SERVICES AGENCY



ITEM NO.

Parks, Recreation, and Cultural Affairs

1 To approve a contract with Aqua Underground, Inc. for construction services related to the installation of an athletic field irrigation system at the Al Bishop Softball Complex, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

2 To approve a contract with Croft & Associates, Inc. for professional services for design of improvements to the Cobb County Civic Center under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

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Cobb County Parks, Recreation & Cultural Affairs Eddie Canon, Director



FROM: Eddie Canon, Director

This item has been electronically signed by:Eddie Canon, Director Jackie R. McMorris, Director of Public Services


PURPOSE To approve a contract with Aqua Underground, Inc. for construction services related to the installation of an athletic field irrigation system at the Al Bishop Softball Complex, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND

The 2011 Parks, Recreation and Cultural Affairs (PRCA) SPLOST program includes the redevelopment of athletic fields at the Al Bishop Softball Complex located at 1082 Al Bishop Drive, Marietta. P.A.R.K.S. staff will perform many of the approved redevelopment activities at the park; however, it has been determined that due primarily to scheduling and cost efficiencies, the installation of the irrigation system will be most effectively completed by a specialized contractor. The project scope includes furnishing all labor, materials, equipment, etc. for the installation of the underground irrigation system to serve five softball fields. The system is comprised of sprinklers, valves, piping, pipe fittings, controller(s), associated accessories, wiring, etc. An Invitation to Bid was published on the County Purchasing website, and advertised in the Marietta Daily Journal on November 22 and 29, and December 6 and 13, 2013, in accordance with Purchasing Policies. Sealed bids were received from four firms and opened on December 19, 2013. The qualified bidders were: Aqua Underground, Inc. Benson Construction Company, Inc. TriScapes, Inc. ValleyCrest Landscape Development

Comm. Dist.

1


Page 153 of 166

Bids and supporting information were reviewed by Purchasing and PRCA staff, and the qualified low bidder was identified as Aqua Underground, Inc. with a total bid amount of $176,900.00.

FUNDING Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E040-EP400 C-8125 (Al Bishop Field Renovation) $176,900.00

RECOMMENDATION The Board of Commissioners approve a contract with Aqua Underground, Inc., in an amount not to exceed $176,900.00, for construction services related to the installation of an athletic field irrigation system at the Al Bishop Softball Complex, under the 2011 PRCA SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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Cobb County Parks, Recreation & Cultural Affairs Eddie Canon, Director



FROM: Eddie Canon, Director

This item has been electronically signed by:Eddie Canon, Director Jackie R. McMorris, Director of Public Services


PURPOSE To approve a contract with Croft & Associates, Inc. for professional services for design of improvements to the Cobb County Civic Center under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND

The 2011 Parks, Recreation and Cultural Affairs (PRCA) SPLOST program includes improvements at the Cobb County Civic Center located at 548 South Marietta Parkway, Marietta. The Civic Center building was constructed in 1972 and is in need of significant improvements to meet current standards and codes. Under a separate facility analysis contract previously approved by the Board, a variety of upgrades and improvements were identified and approved by staff. These include improvements to utility infrastructure, mechanical, electrical and plumbing systems. Other upgrades to food preparation and meeting rooms, signage and data connectivity were identified that would make the facility more attractive as a rental venue. Once completed, these improvements are expected to lead to additional rental opportunities and increased revenues for the County. In order to generate appropriate construction documents and specialized project management services, the Department requires the services of an appropriately experienced professional architecture and engineering firm. A Request for Professional Design Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on October 25, and November 1, 8, 15, 2013, in accordance with Selection Process 2 (Competitive Proposals) of the Policy for Procurement of Professional Services, as amended on December 20, 2011. Proposals were received from eight firms and opened on November 21, 2013.

Comm. Dist. 1


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The following Selection Committee was approved for this project: Benjie Brumbeloe (P.A.R.K.S.), Ron Cooper (DOT), Lee McClead (Community Development), Chuck Hunt (Property Management), and J. C. Redd (P.A.R.K.S.). The Selection Committee reviewed the proposals and ranked the firms based on proposed staffing, previous experience and performance, understanding of and approach to the project, availability, proposed schedule, local vendor presence, and financial stability. In addition, Selection Process 2 includes weighting of each firm's scoring based on prices submitted as part of their proposal which allows the Department to recommend awarding the contract to the top ranked firm. Proposals from the following firms were received and evaluated: Croft & Associates, Inc. Facility Design Group Foreman Seeley Fountain Architecture Gardner, Spencer, Smith, Tench, & Jarbeau Houser Walker Architecture Lyman Davidson Dooley Wakefield Beasley & Associates Wiley Wilson The Committee ranked Croft & Associates, Inc. as the firm offering the best combination of qualifications and pricing. Contract documents will be approved by County Legal staff prior to execution.

FUNDING Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E030-EP304 E-8722 (Civic Center Building Improvements) $344,735.00

RECOMMENDATION The Board of Commissioners approve a contract with Croft & Associates, Inc., in an amount not to exceed $322,735.00, for professional services for design of improvements to the Cobb County Civic Center under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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COBB COUNTY SUPPORT SERVICES AGENCY



ITEM NO.

Property Management

1 To approve Supplemental Agreement No. 2 (final) to the contract with Allsouth Sprinkler Co., Inc., for the 2011 SPLOST fire sprinkler work at the relocated Juvenile Court facility.

Page 157 of 166




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


PURPOSE To approve Supplemental Agreement No. 2 (final) to the contract with Allsouth Sprinkler Co., Inc., for the 2011 SPLOST fire sprinkler work at the relocated Juvenile Court facility.

BACKGROUND

On June 26, 2012, the Board approved a contract with Allsouth Sprinkler Co., Inc., for the installation of the fire sprinkler system at Juvenile Court relocated to 32 Waddell Street. On July 9, 2013, the Board approved Supplemental Agreement No. 1, in the amount of $3,150.00, for the repair of the existing sprinkler lines on the 5th floor that were damaged during the site demolition. Supplemental Agreement No. 2 (final), in the amount of $12,400.00, addresses the installation of a four inch stand pipe and sprinkler for the bottom landings of the three stairwells as required by the Marietta Fire Marshal. Also included is the installation of a stand-alone fire sprinkler system for the six juvenile holding cells, as required by the Sheriff’s Office, to prevent false alarms throughout the Judicial complex due to inmates damaging the sprinkler heads. Change Directives were approved by the County Manager in order to expedite the project work.

Original Contract Amount $103,790.00Supplemental Agreement No. 1 3,150.00Supplemental Agreement No. 2 (final) 12,400.00Revised Contract Amount $119,340.00

Comm. Dist.

All


Page 158 of 166

FUNDING Funding is available in the project budget as follows: 345-110-E085-8005-E0850-C (Juvenile Court) $12,400.00 Increase GAE 345062612802

RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 2 (final) in the amount of $12,400.00, to the contract with Allsouth Sprinkler Co., Inc., for 2011 SPLOST fire sprinkler renovation work at Juvenile Court relocated to 32 Waddell Street, Marietta, Georgia; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


Page 159 of 166




ITEM NO.

Chair (County-wide)

1 To recommend the appointment of the Public Safety Agency Director.

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Cobb County Board of Commissioners Tim Lee, Chairman


TO: Board of Commissioners

FROM: Tim Lee, Chairman

This item has been electronically signed by:Tim Lee, Chairman


PURPOSE To recommend the appointment of the Public Safety Agency Director.

BACKGROUND I am pleased to present a recommendation from County Manager David Hankerson for Sam Heaton to be appointed to the position of Public Safety Agency Director. Mr. Heaton has served the County for 28 years and including as Fire Chief since 2008. Mr. Heaton also served as the Interim Public Safety Agency Director for two and a half years during his time as Fire Chief.

RECOMMENDATION The Board of Commissioners approve the appointment of Sam Heaton as Public Safety Agency Director.

ATTACHMENTSRecommendation Memo

Comm. Dist.


Page 161 of 166

Page 162 of 166

PUBLIC COMMENT (CONCLUSION OF MEETING)

JANUARY 14, 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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APPOINTMENTS

AGENDA COVER


ITEM NO.

1 To approve the reappointment of Peggy Pool to the Public Library Board.

Page 164 of 166

Cobb County Board of Commissioners JoAnn K. Birrell, Commissioner, District 3



FROM: JoAnn K. Birrell, Commissioner, District 3

This item has been electronically signed by:JoAnn K. Birrell, Commissioner, District 3


PURPOSE To approve the reappointment of Peggy Pool to the Public Library Board.

BACKGROUND Peggy Pool's term expired on 12/31/13. We would like to reappoint Peggy Pool to the Public Library Board. We appreciate her service and look forward to her continued service to the Board.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve the reappointment of Peggy Pool to the Public Library Board.

Comm. Dist. 3


Page 165 of 166

COMMISSIONERS' PUBLIC ADDRESS

JANUARY 14, 2014

(Per Section 2.01.01 of the Rules of Procedure of the Board)

Page 166 of 166

Documents

Agenda 1-14-2014