Agenda 6-23-2015

June 23, 2015

TABREGULAR MEETING - CALL TO ORDER - 7:00 PM

SUNTRUST PARK UPDATE ...................................................................................... 1

PUBLIC HEARING

Transportation Agency ............................................................................................. 2

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

CONSENT ................................................................................................................... 4

TRANSPORTATION AGENCY ................................................................................ 5

PUBLIC SERVICES AGENCY . ................................................................................. 6

SUPPORT SERVICES AGENCY .............................................................................. 7

COMMUNITY DEVELOPMENT AGENCY .............................................................. 8

Page 1 of 170

BOARD OF COMMISSIONERS ..................................................................................... 9

PUBLIC COMMENT .................................................................................................... 10

APPOINTMENTS ........................................................................................................ 11

COMMISSIONERS' PUBLIC ADDRESS .................................................................... 12

RESPONSE TO PUBLIC COMMENT (for information only) ................................... 13

ADJOURN

Page 2 of 170

SUNTRUST PARK UPDATE

AGENDA COVER

REGULAR MEETING OF JUNE 23, 2015

ITEM NO.

1 To provide an update on the status of the SunTrust Park project to the Board of Commissioners and the public.

Page 3 of 170

Cobb County County Manager 's Office David Hankerson, County Manager

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

TO: Board of Commissioners

FROM: David Hankerson, County Manager

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

DATE: June 23, 2015

PURPOSE

To provide an update on the status of the SunTrust Park project to the Board of Commissioners and the public.

BACKGROUND

The Board of Commissioners appointed the County Manager, David Hankerson, as the county representative on the stadium project at the Board of Commissioners' meeting on July 8, 2014. And, further directed the County Manager to provide an update during the second public meeting of each month on the status of the project.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners receive the County Manager's update on the SunTrust Park project.

Comm. Dist.

Agenda Item Number. 1

Page 4 of 170

COBB COUNTY TRANSPORTATION AGENCY

PUBLIC HEARING AGENDA COVER


ITEM NO.

Administration

1 To conduct a public hearing for the proposed closure and abandonment of a portion of Gilmore Road, located in Land Lots 765, 766, 819 and 820 of the 17th District, 2nd Section, Cobb County, Georgia.

Page 5 of 170

Cobb County Department of Transportation Faye DiMassimo, Director

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

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: June 23, 2015

PURPOSE

To conduct a public hearing for the proposed closure and abandonment of a portion of Gilmore Road, located in Land Lots 765, 766, 819 and 820 of the 17th District, 2nd Section, Cobb County, Georgia.

BACKGROUND

Gilmore Road, located in Commission District 2, is classified as a local street. JH Holdings, Inc., has purchased all of the property adjacent to a portion of Gilmore Road. The property has been rezoned and approved for redevelopment via Cobb County Z-49(2015). Public access along this portion of Gilmore Road is no longer needed.

The right-of-way on this portion of Gilmore Road, adjacent to the JH Holdings, Inc., property, is required to allow full utilization of the property purchased; therefore, JH Holdings, Inc., has requested the County close and abandon the public right-of-way on this portion of Gilmore Road, as this section of street no longer serves a public purpose. In accordance with O.C.G.A. 32-7-2, a public hearing must be held prior to the closing and abandonment of a public street. The District Commissioner is aware of this request.

On May 26, 2015, the Board of Commissioners authorized the advertisement for and conduct of a public hearing on the proposed closing of a portion of Gilmore Road. Notice of Public Hearing was advertised in the Marietta Daily Journal on June 12 and 19, 2015.

FUNDING

N/A

Comm. Dist.

2


Page 6 of 170

RECOMMENDATION

The Board of Commissioners conduct a public hearing for the proposed closure and abandonment of a portion of Gilmore Road, located in Land Lots 765, 766, 819 and 820 of the 17th District, 2nd Section, Cobb County, Georgia; and having determined that said right-of-way serves no substantial public purpose, authorize the disposition of same by quit claim deed to the adjoining owner, JH Holdings, Inc.

ATTACHMENTSLocation MapSurvey Map


Page 7 of 170

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PROJECT:Gilmore Road Closureand Abandonment

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DATE:June 23, 2015Cobb CountyDepartment of Transportationk

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Notes: Commission District 2 Page 8 of 170

of 170

PUBLIC COMMENT (BEGINNING OF MEETING)

JUNE 23, 2015

Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen).

Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet.

Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only.

The Board is pleased to offer this opportunity at each regular meeting.

Page 10 of 170

CONSENT AGENDA


ITEM NO.

WATER SYSTEM AGENCY

Engineering

1 To approve a construction contract with Tippins Contracting Co. Inc. for the Cannon Way Water Main Replacement, Program No. W2281.

2 To convey by quit claim deed to the underlying property owner any County rights associated with an abandoned sanitary sewer easement in Land Lot 166 of the 20th District.

Stormwater3 To rescind the award of a construction contract with W.E. Contracting Co., Inc. for a

project in the vicinity of 310 Willow Glenn Drive, Program No. SW1091.

4 To approve a construction contract under the 2013 Stormwater Management Unit Price Agreement with D & H Construction Company for a project in the vicinity of 3874 Herren Drive, Program No. SW1603.

5 To approve a Change Order No. 1 (final) to the construction contract with W.E. Contracting Co., Inc. for 2990 Windward Drive, Project No. SW1537.

TRANSPORTATION AGENCY

Administration

6 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 Six Flags Drive, Project No. E6090.

Airport

7 To approve a request by Hawthorne Global Aviation Services, LLC to enter into a ten-year sublease with Biplane Rides Over Atlanta, Inc. at Cobb County Airport McCollum Field.

8 To approve the Cobb County Airport McCollum Field Disadvantaged Business Enterprise Program Goal for Fiscal Years 2015-2017.

Transit

9 To approve Project No. 4802-TO#03 to the 2014 Master Task Order Contract with Parsons Brinkerhoff, Inc. for quarterly fleet assessments of the Cobb Community Transit bus fleet, MIS Contract No. 000811.

Page 11 of 170

10 To authorize procurement of bus-line resident inspection and inplant quality assurance services to oversee the manufacture of 35 local fixed route transit buses for Cobb Community Transit.

PUBLIC SERVICES AGENCY

Senior Services11 To approve the Second Round Amendment Contract AG1502.2 between the Atlanta

Regional Commission and Cobb County Board of Commissioners/Cobb Senior Services for the following Grant Funds: Title III-B, C-1, C-2 & E, SSBG, CBS, CBS-Respite, NSIP Federal, NSIP State, NSIP SSBG, Income Tax Check-off, and Alzheimer's State for the period of July 1, 2014 to June 30, 2015.

SUPPORT SERVICES AGENCY

Property Management

12 To approve Supplemental Agreement No. 1 (final) to the contract with YLH Construction Company, Inc. for additional security improvements required by U.S. Customs and Border Protection in the construction of the Customs Inspection Facility at Cobb County AirportMcCollum Field, Project No. TR467, MIS Contract No. 000760.

PUBLIC SAFETY AGENCY

Police

13 To authorize a monetary donation to the Cobb County Safety Village Foundation to build a school building.

COMMUNITY DEVELOPMENT AGENCY

Planning

14 To adopt an Intergovernmental Agreement with the City of Acworth regarding annexations in the area west of the US Army Corps of Engineers property.

15 To adopt annexation response per HB489 Intergovernmental Agreement and HB2 regarding a petition for annexation on 4.622 acre tract known as Hardage Drive in the City of Marietta.

Business License

16 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on May 28, 2015 by the License Review Board for Emilie McNulty.

COUNTY ATTORNEY

Page 12 of 170

17 To authorize settlement of Jaylen O. Ferguson v. Cobb County, Georgia, Civil Action File No. 14A3461-3, State Court of Cobb County, pursuant to the direction and within the terms discussed in Executive Session on June 8, 2015, and further authorize counsel to prepare and execute any necessary documents for the purposes of settling ongoing litigation.

FINANCE

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

19 To approve a three-month extension to the contract with Public Financial Management Group for financial advisory services.

CLERK OF SUPERIOR COURT

20 To authorize the reclassification of Admin Tech Part Time (6P), Position 8120004 to a Full Time Judicial Admin Tech 1, Grade 40 position.

SUPERIOR COURT

21 To approve the reclassification of Judicial Admin Technician II, grade 42, (Position No. 1061-213) to a Law Library Associate, grade 46.

JUVENILE COURT

22 To authorize the acceptance and appropriation of a Criminal Justice Coordinating Council grant to provide professional services and operating costs to conduct various evidence based programs at the Juvenile Court.

23 To authorize the creation of a full-time Juvenile Probation Officer, grade 48, using Criminal Justice Coordinating Council grant funds effective July 1, 2015.

PROBATE COURT

24 To authorize the purchase of a digital recording system for Probate Court.

COUNTY CLERK

25 To approve the minutes of the following meetings:

June 8, 2015 - Special Called Meeting/Agenda Work Session June 9, 2015 - Regular Meeting of the Board June 16, 2015 - BOC Zoning Hearing (provided under separate cover)

Page 13 of 170

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

Page 14 of 170

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

DATE: June 23, 2015

PURPOSE

To approve a construction contract with Tippins Contracting Co. Inc. for the Cannon Way Water Main Replacement, Program No. W2281.

BACKGROUND

The Cannon Way area is currently served by a 6-inch transite water main that is 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 abandonment of the transite water main and replacement with approximately 2,800 linear feet of 6-inch ductile iron pipe and all related appurtenances along Cannon Way.

Bids for construction were received on June 11, 2015, and results of the bid were as follows:

Tippins Contracting Co., Inc. $207,378.50 MVP Piping Co., Inc. $247,150.00 D & H Construction Company $259,950.69 Ray Campbell Contracting Co., Inc. $273,480.00 K. M. Davis Contracting Co., Inc. $298,310.00 Wade Coots Company, Inc. $315,870.00

Comm. Dist.

1


Page 15 of 170

FUNDING

Funding is available in the Water Systems CIP Budget as follows:

Transfer from: Cannon Way Water Main Replacement

Unidentified New/Replacement Water Mains

Transfer to: Cannon Way Water Main Replacement

Preliminary Estimates 510-500-5754-8005 W2281-Z $190,000.00

Preliminary Estimates 510-500-5754-8005 W1503-Z $ 24,568.50 Total $214,568.50

Construction 510-500-5754-8260 W2281-C $207,378.50 Interest Expense on Retainage 510-500-5754-6613 W2281-A $ 1,040.00Materials & Supplies 510-500-5754-8265 W2281-M $ 2,000.00Contingency 510-500-5754-8810 W2281-T $ 4,150.00Total $214,568.50

RECOMMENDATION

The Board of Commissioners approve a construction contract with Tippins Contracting Co., Inc., in the amount of $207,378.50, for Cannon Way Water Main Replacement, Program No. W2281; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap


Page 16 of 170

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Page 17 of 170






DATE: June 23, 2015

PURPOSE

To convey by quit claim deed to the underlying property owner any County rights associated with an abandoned sanitary sewer easement in Land Lot 166 of the 20th District.

BACKGROUND

In 2004, Cobb County Water System purchased the water distribution and wastewater collection systems owned and operated by the City of Kennesaw. The subject sanitary sewer easement was originally dedicated to the City of Kennesaw; however, as a result of the referenced purchase, the sewer easement is now in favor of Cobb County.

The City of Kennesaw owns the property underlying the abandoned sewer easement. As a part of the Kennesaw Regional Stormwater Management Facility Project, the City has relocated the sanitary sewer line. A corresponding easement was dedicated to the County on April 6, 2015, and recorded in Deed Book 15233, Page 5717, of the Cobb County Superior Court Records. The underlying property owner, the City of Kennesaw, has requested that any County rights associated with the abandoned sanitary sewer easement be returned by quit claim deed.

FUNDING

N/A

Comm. Dist.

1


Page 18 of 170

RECOMMENDATION

The Board of Commissioners convey by quit claim deed to the underlying property owner, the City of Kennesaw, any County rights associated with an abandoned sanitary sewer easement located in Land Lot 166 of the 20th District; and authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap


Page 19 of 170

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*Project: City of Kennesaw Program Number: N/ALand Lot(s): 166District(s): 20Commission District(s): 1Description: Quit Claim Deed

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Page 20 of 170






DATE: June 23, 2015

PURPOSE

To rescind the award of a construction contract with W.E. Contracting Co., Inc. for a project in the vicinity of 310 Willow Glenn Drive, Program No. SW1091.

BACKGROUND

On August 11, 2009, the Board of Commissioners awarded a contract to W.E. Contracting Co., Inc. in the amount of $60,666.00 for stabilization of a section of Sope Creek, including removal of fallen trees, where a sanitary sewer line was being threatened. Contracts had been executed and work was scheduled to begin; however, the historic flooding associated with the storm event of September 21, 2009, significantly altered the project area before the work was initiated.

As a result of this storm event, the work contemplated by the original contract was addressed and completed as a part of a much larger restoration effort. At this time, the Water System proposes to rescind the original contract with W.E. Contracting Co., Inc. and decommit the associated funding.

Comm. Dist.

2


Page 21 of 170

FUNDING

No additional funding is required for the Water System's Stormwater Program, 310 Willow Glenn Drive, Sope Creek Streambank Stabilization, Program No. SW1091.

Decrease Encumbrance: GAE 500 510081109311 510-500-5758-6496 SW1091-C $60,666.00

Transfer from: 310 Willow Glenn Drive Sope Creek Stream Bank Stabilization Drainage Contract R&M Service 510-500-5758-6496 SW1091-C $60,666.00

Transfer to: Stormwater Multi-Year Budget Drainage Contract R&M Service 510-500-5758-6496 SW9999-Z $60,666.00

RECOMMENDATION

The Board of Commissioners rescind an award of a construction contract with W.E. Contracting Co., Inc. for a project in the vicinity of 310 Willow Glenn Drive, Program No. SW1091; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap


Page 22 of 170

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*Project: 310 Willow Glenn DriveProgram Number: SW1091Land Lot: 1131District: 16thCommission District: 2Description: Recind Contract for Stormwater Management Unit Price Agreement with W.E. Contracting, Inc.

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Page 23 of 170






DATE: June 23, 2015

PURPOSE

To approve a construction contract under the 2013 Stormwater Management Unit Price Agreement with D & H Construction Company for a project in the vicinity of 3874 Herren Drive, Program No. SW1603.

BACKGROUND

Upon responding to an inquiry from a resident at 3874 Herren Drive, it was discovered that a portion of the stormwater conveyance system in Foxfire Forest Subdivision, Unit 1, was experiencing structural failure due to oxidation of the pipes invert, resulting in the formation of sinkholes along the alignment of the pipe. The proposed project consists of supplying all labor, materials, and equipment time to remove and replace approximately 260 linear feet of 36-inch bituminous coated corrugated metal pipe, 120 linear feet of 42-inch bituminous coated corrugated metal pipe, two 4-foot diameter manholes, one 36-inch precast concrete headwall, and one 42-inch precast concrete headwall, and perform all work required to restore the site. This project is complicated by site conditions and congested utilities. Competitive proposals were obtained from interested 2013 Stormwater Management Unit Price Agreement contractors, and the lowest responsive contractor, D & H Construction Company, submitted a proposal of $75,422.50 for this project.

Comm. Dist.

4


Page 24 of 170

FUNDING

Funding is available in the Water Systems CIP Budget as follows:

Transfer from: Stormwater Multi-year Budget

Transfer to: 3874 Herren Drive

Drainage Contract R&M Service 510-500-5758-6496 SW9999-Z $75,422.50

Drainage Contract R&M Service 510-500-5758-6496 SW1603-C $75,422.50

RECOMMENDATION

The Board of Commissioners approve a construction contract under the 2013 Stormwater Management Unit Price Agreement with D & H Construction Company., in the amount of $75,422.50, for a project in the vicinity of 3874 Herren Drive, Program No. SW1603; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap


Page 25 of 170

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Project: 3874 Herren DriveProgram Number: SW1603Land Lot(s): 168District(s): 17Commission District(s): 4Description: Stormwater Conveyance System Rehabilitation

1:4,000

Project

Page 26 of 170






DATE: June 23, 2015

PURPOSE

To approve a Change Order No. 1 (final) to the construction contract with W.E. Contracting Co., Inc. for 2990 Windward Drive, Project No. SW1537.

BACKGROUND

On October 14, 2014, the Board of Commissioners approved a construction contract for the replacement of 250 linear feet of stormwater conveyance system in the vicinity of 2990 Windward Drive. During construction, encountered utility conflicts were not as numerous as predicted and subsurface conditions were better than anticipated allowing our contractor to reduce the area disturbed by his operations. This change order is a result of decreased site restoration and final quantity adjustments.

Original Contract $63,009.10 Change Order No. 1 (final) ($ 8,728.10) Revised Contract $54,281.00

Comm. Dist.

1


Page 27 of 170

FUNDING

No additional funding is required for the Water System's Stormwater 2990 Windward Drive, Program No. SW1537.

Decrease Encumbrance:

Transfer from: 2990 Windward Drive Change Order No.1 (final)

Transfer to: Stormwater Multi-year Budget

GAE 500 510101414505 510-500-5758-6496 SW1537-C $8,728.10

Drainage Contract, R&M Service 510-500-5758-6496 SW1537-C $8,728.10

Drainage Contract R&M Service 510-500-5758-6496 SW9999-Z $8,728.10

RECOMMENDATION

The Board of Commissioners approve Change Order No. 1 (final) to the construction contract with W.E. Contracting Co., Inc., a savings to the project in the amount of $8,728.10, for 2990 Windward Drive, Program No. SW1537; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap


Page 28 of 170

255

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:LocationMap

*Project: 2990 Windward DriveProgram Number: SW1537Land Lot(s): 255District(s): 20Commission District(s): 1Description: Stormwater Conveyance System Rehabilitation

1:4,000

Project

Page 29 of 170






DATE: June 23, 2015

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 Six Flags Drive, Project No. E6090.

BACKGROUND

Six Flags Drive, from Factory Shoals Road to Riverside Parkway, is an approved roadway safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program (TIP).

The project consists of minor widening to include construction of curb and gutter and a five-foot wide sidewalk along the north side of Six Flags Drive, from Factory Shoals Road to Riverside Parkway. The project scope also includes adding a raised median designed for safer pedestrian street crossings. The total project length is 0.64 miles.

On March 25, 2014, the Board of Commissioners held a public hearing and approved road name changes in the Six Flags Area. This project lies within an area along Six Flags Drive that will be renamed to Riverside Parkway, effective Fall 2015.

An additional easement is needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget.

Comm. Dist.

4


Page 30 of 170

Negotiations with the property owners are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Departments Development Services, Right-of-Way and Construction staff, and the Countys Legal personnel, recommends condemnation actions be filed.

Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. 32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.

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 Six Flags Drive, Project No. E6090; adopt a Resolution and Order in form substantially similar to the attached, and as approved by the County Attorneys Office; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation MapResolution and Attachment 1 for Parcel 11


Page 31 of 170

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LOCATION MAP

PROJECT:Six Flags DriveProject No. E6090

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DATE:June 23, 2015

Notes: Commission District 4

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Page 32 of 170

of 170






DATE: June 23, 2015

PURPOSE

To approve a request by Hawthorne Global Aviation Services, LLC to enter into a ten-year sublease with Biplane Rides Over Atlanta, Inc. at Cobb County Airport McCollum Field.

BACKGROUND

On June 10, 2014, the Board of Commissioners approved assignment of the Atlanta Executive Jet Center North and South Fixed Based Operator Lease (Lease) to Hawthorne Global Aviation Services, LLC (Hawthorne). The Lease requires that commercial subleases which offer aviation services be approved by the Board.

Biplane Adventures, LLC has been an approved commercial operator at the airport since 1996, providing biplane rides and aerial sightseeing tours to the public. Biplane Rides Over Atlanta, Inc., a biplane operator based at DeKalb Peachtree Airport, has purchased the assets of Biplane Adventures, LLC and will continue to do business as Biplane Adventures, LLC at Cobb County Airport - McCollum Field.

As required by the Lease, Hawthorne is requesting the Boards approval to sublease with Biplanes Rides Over Atlanta, Inc., which will be engaging in the business of providing aerial sight-seeing tours and ride services to the public. The proposed sublease mandates compliance with all of the terms, requirements, and conditions of Hawthornes Lease with the County. The sublease meets the requirements of the Cobb County Airport Minimum Standards for Miscellaneous Operators.

The sublease agreement with Biplane Rides over Atlanta, Inc., has been reviewed by the County Attorneys Office.

Comm. Dist.

1


Page 35 of 170

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve a request by Hawthorne Global Aviation Services, LLC to enter into a ten-year sublease, with continuing month-to-month extensions, with Biplane Rides Over Atlanta, Inc., at Cobb County Airport McCollum Field.

ATTACHMENTS

Sublease Agreement to be provided under separate cover.


Page 36 of 170






DATE: June 23, 2015

PURPOSE

To approve the Cobb County Airport McCollum Field Disadvantaged Business Enterprise Program Goal for Fiscal Years 2015-2017.

BACKGROUND

On July 27, 2004, the Board of Commissioners approved the Department of Transportations Disadvantaged Business Enterprise (DBE) Plan.

The Federal Aviation Administration (FAA) requires recipients of airport funds in excess of $250,000.00 annually to have an approved DBE Program in place, and to develop a DBE three-year goal whenever funding has been awarded for a project. The DBE Goal for Cobb County Airport for Fiscal Years 2012-2014 was 10.34 percent.

On February 24, 2015, the Board authorized Work Order E3 with the LPA Group, Inc., for the development of the Fiscal Years 2015-2017 DBE Goal, and for the design of the North Apron Rehabilitation and Expansion Project.

The LPA Group, Inc., has completed the proposed DBE Program Update based on the methodology and formula established by federal regulations, and is recommending a DBE Goal of 16.8 percent on total contract values for federally funded projects through the three year period for Fiscal Years 2015-2017.

Per the DBE Plan, advertisements will be placed stating the proposed goal and informing the public that the DBE Program Update is available for inspection for 30 days. Comments on the goal will be accepted for 45 days from the date of the notice. The proposed goal will be submitted to the FAA for review and approval.

Comm. Dist.

1


Page 37 of 170

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve the Cobb County Airport McCollum Field Disadvantaged Business Enterprise (DBE) Program Three-Year Goal of 16.8 percent for Fiscal Years 2015-2017.


Page 38 of 170






DATE: June 23, 2015

PURPOSE

To approve Project No. 4802-TO#03 to the 2014 Master Task Order Contract with Parsons Brinkerhoff, Inc. for quarterly fleet assessments of the Cobb Community Transit bus fleet, MIS Contract No. 000811.

BACKGROUND

The Cobb Community Transit (CCT) service provider, Transdev Services, Inc., (Transdev) is contractually obligated to perform both preventative and breakdown maintenance, including body damage repair, for CCTs current bus fleet.

On March 29, 2015, Parsons Brinckerhoff, Inc., (Parsons) the consultant developing the Transit Asset Management Plan for CCT, began work on Task 1 Bus Fleet Condition Assessment. This task was completed on April 2, 2015.

In order to evaluate the current condition of the CCT fleet, a random representative sample of vehicles was inspected by Parsons personnel. A physical condition inspection of 43 CCT vehicles was performed. The condition of the vehicles inspected indicates deficiencies are either not being properly identified or are not being repaired at the time identified. This has resulted in a large backlog of needed repairs.

The conclusion provided by Parsons in the Vehicle Assessment Summary Report is that CCT revenue vehicles currently fall into a State of Good Repair asset rating of marginal. One of the recommendations made in the report is for CCT to provide expanded oversight of vehicle maintenance and condition by either contracting with a third party or assigning existing staff to perform both scheduled and unscheduled vehicle inspections.

Comm. Dist.

All


Page 39 of 170

Transdev is in the process of completing the backlogged maintenance needs. The Department recommends initiating quarterly fleet assessments to independently confirm compliance with the maintenance requirements in Transdev's service contract.

On June 24, 2014, the Board of Commissioners approved the 2014 Master Task Order Contracts, and Parsons Brinkerhoff, Inc., was approved for Transit services. The Department recommends issuing a Task Order to Parsons to perform two quarterly fleet assessments of the CCT fleet, which includes 116 vehicles, at a cost not to exceed $85,790.50. The first assessment will be performed in November 2015, and the second assessment will be performed in April 2016.

Existing Federal Transit Administration (FTA) Grant No. GA-90-X285, as previously approved and appropriated by the Board, includes funding available to be utilized for fleet inspection services. Available FTA grant funding will provide 80 percent, in an amount not to exceed $68,632.40, of the total $85,790.50 cost. The required 20 percent local match, in an amount not to exceed $17,158.10, is available in the approved Transit Capital Projects Fund budget.

FUNDING

Federal and local funding is available in the approved Transit Capital Projects Fund, with the following interfund transfers:

Transfer from: 202-050-4860-4439/8005 (FTA 5307 Capital/Preliminary Est.) $68,632.40 202-050-4860-4960/8005 (Local Match/Preliminary Est.) $17,158.10

Transfer to: 200-050-4802-4439/6326 (FTA 5307 Capital/Professional Svcs.) $68,632.40 200-050-4802-4960/6326 (Local Match/Professional Svcs.) $17,158.10

RECOMMENDATION

The Board of Commissioners approve Project No. 4802-TO#03 to the 2014 Master Task Order Contract with Parsons Brinkerhoff, Inc., in an amount not to exceed $85,790.50, for quarterly fleet assessments of the Cobb Community Transit bus fleet, MIS Contract No. 000811; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


Page 40 of 170






DATE: June 23, 2015

PURPOSE

To authorize procurement of bus-line resident inspection and inplant quality assurance services to oversee the manufacture of 35 local fixed route transit buses for Cobb Community Transit.

BACKGROUND

On May 12, 2015, the Board of Commissioners authorized procurement of 35 new local fixed route transit buses from Gillig, LLC, under a joint procurement with Athens-Clarke County Government. Manufacture of these buses is anticipated to begin in the next few months. Existing Federal Transit Administration (FTA) Grant funding is being utilized for this procurement.

When procuring more than ten buses at one time, the FTA requires an on-site bus inspector to be present throughout the entire manufacturing process to perform quality assurance of the bus build while in production. FTA also encourages recipients to use joint procurements, particularly among smaller transit agencies. Gwinnett County recently issued a Request for Informal Written Quotes for the required inpsection services, and Cobb Community Transit (CCT) was included as a participant in the request.

Only one responsive and responsible quote was received from AmeriTran Service Corporation, dba Transit Resource Center. As a named participant, CCT has assigned rights to procure bus-line resident inspection and in-plant quality assurance services for up to 98 CCT buses, at a cost of $290.00 per bus. Pricing will be fixed and rights to procure inspection services will be available to CCT for a four year period, through March 24, 2019.

Comm. Dist.

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Page 41 of 170

The Department recommends procurement of the required bus-line resident inspection and in-plant quality assurance services from AmeriTran Service Corporation, dba Transit Resource Center, in an amount not to exceed $10,150.00, for 35 of the 98 buses provided for in the quote. Funding for the remaining 63 buses, in an amount not to exceed $18,270.00, will be moved to the appropriate budget unit for expenditure at a later date, in coordination with the Departments bus replacement schedule and anticipated Board approvals.

Existing FTA Grant No. GA-90-X285, as previously approved and appropriated by the Board, includes funding available to be utilized for 98 required inspections associated with current/future transit bus procurement. Available FTA grant funding will provide 80 percent of the currently requested $10,150.00 procurement for 35 inspections, in an amount not to exceed $8,120.00. The required 20 percent local match, in an amount not to exceed $2,030.00, is available in the approved Transit Capital Projects Fund budget.

FUNDING

Federal and local funding is available in the approved Transit Capital Projects Fund, for on-site inspection services of 35 new transit buses, with the following budget transfers:

Transfer funding within the approved Transit Capital Projects Fund for future on-site inspection services of up to 63 new transit buses, as needed, pending future Board of Commissioner approval:

Transfer from: 202-050-4832-4439/8005 (FTA 5307 Capital/Preliminary Est.) $8,120.00 202-050-4832-4960/8005 (Local Match/Preliminary Est.) $2,030.00

Transfer to: 202-050-4851-4439/8676 (FTA 5307 Capital/Professional Svcs.) $8,120.00 202-050-4851-4960/8676 (Local Match/Professional Svcs.) $2,030.00

Transfer from: 202-050-4832-4439/8005 (FTA 5307 Capital/Preliminary Est.) $14,616.00 202-050-4832-4960/8005 (Local Match/Preliminary Est.) $ 3,654.00

Transfer to: 202-050-4851-4439/8005 (FTA 5307 Capital/Preliminary Est.) $14,616.00 202-050-4851-4960/8005 (Local Match/Preliminary Est.) $ 3,654.00


Page 42 of 170

RECOMMENDATION

The Board of Commissioners authorize procurement of bus-line resident inspection and in-plant quality assurance services from AmeriTran Service Corporation, dba Transit Resource Center, in an amount not to exceed $10,150.00, to oversee the manufacture of 35 local fixed route transit buses for Cobb Community Transit; authorize the transfer of funding, in an amount not to exceed $18,270.00, for future inspection services of up to 63 buses, as required, pending Board approval; and further authorize the corresponding budget transactions.


Page 43 of 170

Cobb County Senior Services Jessica Gill, Director

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


FROM: Jessica Gill, Director

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

DATE: June 23, 2015

PURPOSE

To approve the Second Round Amendment Contract AG1502.2 between the Atlanta Regional Commission and Cobb County Board of Commissioners/Cobb Senior Services for the following Grant Funds: Title III-B, C-1, C-2 & E, SSBG, CBS, CBS-Respite, NSIP Federal, NSIP State, NSIP SSBG, Income Tax Check-off, and Alzheimer's State for the period of July 1, 2014 to June 30, 2015.

BACKGROUND

This is the second (2nd) and final amendment of the annual contract approved by the Board of Commissioners on July 8, 2014. These grants are provided through the Atlanta Regional Commission and the Georgia Department of Human Services to assist with funding services for the elderly citizens of Cobb County. The total ARC contract for SFY15 is $1,611,477.00. This amendment reflects an increase of $1,098.00 due to additional revenue collected from Meals on Wheels private pay clients. The excess revenue was applied to expenses associated with the Meals on Wheels program. All grant funds will be expended by the end of the grant year, which is June 30, 2015.

Comm. Dist.

All


Page 44 of 170

FUNDING

Increase Various Budget Revenue/Expenditure:

Original Grant Allocation $1,482,993.00 First Amendment Increase $127,386.00 $1,610,379.00 Second Amendment Increase $1,098.00 $1,611,477.00

277-F002-6166 Food & Food Service Supplies $1,098.00

RECOMMENDATION

To approve the Second Round Amendment Contract AG1502.2 between the Atlanta Regional Commission and Cobb County Board of Commissioners/Cobb Senior Services for the following Grant Funds: Title III-B, C-1, C-2 & E, SSBG, CBS, CBS-Respite, NSIP Federal, NSIP State, NSIP SSBG, Income Tax Check-off, and Alzheimer's State for the period of July 1, 2014 to June 30, 2015; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSARC 2015 Second Round Amendment Contract AG1502.2


Page 45 of 170

of 170

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 Transportation

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

DATE: June 23, 2015

PURPOSE

To approve Supplemental Agreement No. 1 (final) to the contract with YLH Construction Company, Inc. for additional security improvements required by U.S. Customs and Border Protection in the construction of the Customs Inspection Facility at Cobb County AirportMcCollum Field, Project No. TR467, MIS Contract No. 000760.

BACKGROUND

On December 20, 2011, the Board of Commissioners approved a Memorandum of Agreement (MOA) with U. S. Customs and Border Protection (CBP) to provide customs inspection services at Cobb County Airport-McCollum Field.

On August 12, 2014, the Board approved Lease Amendment No. 5 to the Hawthorne Global Aviation Services, LLC, (Hawthorne) South Fixed Based Operator Lease and Operating Agreement requiring Hawthorne to fund the construction of the Customs Inspection Facility at Cobb County Airport-McCollum Field.

On August 12, 2014, the Board also approved a Construction Manager-at-Risk contract with YLH Construction Company, Inc., in a total amount not to exceed $799,241.00, for construction of a new Customs Inspection Facility at Cobb County AirportMcCollum Field.

On March 26, 2015, the County Manager approved Change Directive No. 1, in the amount of $32,419.00, for security requirements added by CBP and approved by Hawthorne, to expedite the job. This additional contract amount is to be paid by Hawthorne to Cobb County.

Comm. Dist.

1


Page 54 of 170

Construction is complete and Supplemental Agreement No. 1 (final) to the contract with YLH Construction Company, Inc., in the amount of $32,419.00, is requested for additional security requirements, as included in Change Directive No. 1.

Original Contract $799,241.00 Supplemental Agreement No. 1 $ 32,419.00 Revised Contract $831,660.00

FUNDING

Appropriate receipt of additional revenue from Hawthorne Global Aviation Services, LLC, to the Capital Projects Fund as follows:

Increase Revenue Appropriation: 380-050-4620-4918-TR467-C (Developer Contribution) $32,419.00 Increase Expenditure Appropriation: 380-050-4620-8125-TR467-C (Construction-New Bldgs) $32,419.00

Increase GAE 380081214413: 380-050-4620-8125-TR467-C (Construction-New Bldgs) $32,419.00

RECOMMENDATION

The Board of Commissioners approve Supplemental Agreement No. 1 (final) to the contract with YLH Construction Company, Inc., in an amount not to exceed $32,419.00, for additional security improvements required by U.S. Customs and Border Protection in the construction of the Customs Inspection Facility at Cobb County AirportMcCollum Field, Project No. TR467, MIS Contract No. 000760; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


Page 55 of 170

Cobb County Police Department John R. Houser, Police Chief

140 North Marietta Parkway Marietta, Georgia 30060-1454


FROM: Sam Heaton, Director of Public Safety

This item has been electronically signed by:Sam Heaton, Director of Public Safety

DATE: June 23, 2015

PURPOSE

To authorize a monetary donation to the Cobb County Safety Village Foundation to build a school building.

BACKGROUND

The Cobb County Safety Village Foundation is a non-profit 501(c)3 agency serving all of Cobb County, Georgia and surrounding areas with an interactive safety facility. The foundation is operated by a Board of Directors that are elected and all Directors volunteer their time with no compensation for their duties. Cobb County Safety Village, built on a 8 acre site, is one of the most comprehensive safety training environment in the region where our residents and business community gain knowledge through hands on experiences....a place where the walls come alive with knowledge while instructors share the most advanced techniques and ideas for making our community safer. The village is comprised of reduced-scale buildings and streets. These life-like streets include sidewalks, traffic signals and a variety of structures that represent our community. These structures will become an integral part of the learning experience. The foundation has partnered with Cobb County Fire & Emergency Services, Cobb County Police and Sheriff Departments, Emergency Communications 911, WellStar Health Services, Cobb & Douglas Public Health, Cobb EMC, and Safe Kids of Georgia to assist with delivery of programs and services.

Comm. Dist.


Page 56 of 170

The Cobb County Safety Village Foundation 501(c)3 believes that education is the key to reducing risk and protecting our community. By reaching out to all residents, we can teach important safety techniques, provide guidance on crime prevention and most importantly, involve them in a hands-on learning experience. The Safety Village facility will do more than just present safety information; it will teach and train participants how to react when faced with dangerous situations. As adults we can easily recall unique learning experiences we had as children. Research confirms that knowledge gained through hands-on learning remains with us far longer than simple presentations of facts.

Opened in August 2009, the safety education building and safety village have improved the quality and effectiveness of our school children's safety education. Today, the Cobb County Safety Village educates every Cobb County student in kindergarten, second and fourth grade, so roughly 20,000 students per school year. Now, with the addition of the village, students are exposed to far more lifesaving education. The Cobb County Department of Senior Services has helped create and evaluate safety lesson plans for adults 65 years and older which was launched in 2013. These lessons plans are safety issues relevant to that high risk group, such as fire safety, falls prevention, and identity theft prevention. Just launched in 2013, more than 400 seniors we educated last year.

Due to the continued growth and use of the facility, a school building is needed to provide additional space for educational purposes. This is a great collaboration between Marietta City Schools, Cobb County School District and Cobb County Government to partner together and sponsor the school building. The school building will be the largest yet, and will be able to hold up to 35 adults. The additional space will allow for many more training opportunities. The 2nd and 4th grade programs can utilize the school building, and this would allow the interactive building for the senior adult programs.

The Cobb County Safety Village Foundation will be responsible for the construction and long term maintenance for the school building. The building will be constructed from donated funds from Marietta City Schools who has committed to contribute $10,000.00; Cobb County School District who has committed to the contribution of $40,000.00; and the Cobb County Government through the Police Departments School Bus Arm Reserve Fund will present a donation of $40,000.00.

IMPACT STATEMENT

The Cobb County Safety Village Foundation will be responsible for the construction and maintenance of the school building for twenty years.


Page 57 of 170

FUNDING

Funding is available in the General Fund-School Bus Reserve with the following transfer:

FROM: 010-130-2100-8852 (School Bus Reserve) $40,000.00

TO: 010-130-2100-6601 (Misc. Expense Contribution) $40,000.00

RECOMMENDATION

The Board of Commissioners authorize the monetary donation of $40,000.00 to the Cobb County Safety Village Foundation for a school building, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.


Page 58 of 170

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

DATE: June 23, 2015

PURPOSE

To adopt an Intergovernmental Agreement with the City of Acworth regarding annexations in the area west of the US Army Corps of Engineers property.

BACKGROUND

On July 27, 2004, the Board of Commissioners entered into intergovernmental agreements with each of Cobbs municipalities. The agreements serve as the land use dispute resolution process required by HB489. 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, HB2, which enacts a binding dispute-resolution process, became effective.

Per the request of local state legislatures, as part of a legislative annexation approved in 2015, the City of Acworth has approved an Intergovernmental Agreement creating a transition area as part of the land use matrix of the HB 489 Intergovernmental Agreement. The transition area will ensure that future annexation activity west of Lake Allatoona will be in compliance with the Northwest Cobb Land Vulnerability Study, which was approved by both jurisdictions. The transition area is a common phrase used in other citys HB 489 Land Use Agreements for areas that have a separate annexation structure as compared to other standard annexations of unincorporated areas.

FUNDING

N/A

Comm. Dist.

1


Page 59 of 170

RECOMMENDATION

The Board of Commissioners adopt an Intergovernmental Agreement with the City of Acworth relating to annexation guidance in the area west of the US Army Corps of Engineers property (commonly known as Lake Allatoona) to the Paulding County Line and extending South from the Bartow County Line to Old Stilesboro Road and authorize the Chairman to execute the necessary documents.

ATTACHMENTSIntergovernmental Agreement Between Acworth and Cobb CountyIngovernmental Agreement Exhibit Map


Page 60 of 170

1

INTERGOVERNMENTAL AGREEMENT

THIS INTERGOVERNMENTAL AGREEMENT (hereinafter Agreement)

is entered into as of JUNE __, 2015, by and among the CITY OF ACWORTH

(hereinafter referred to as City) and COBB COUNTY (hereafter County).

WITNESSETH:

WHEREAS, the City is a municipal corporation duly created and existing under the laws of the State of Georgia; and

WHEREAS, the County is a political subdivision of the State of Georgia and has been duly created as authorized by Georgia law; and

WHEREAS, after careful study and investigation, the Parties have each

heretofore determined that entering into this Intergovernmental Agreement between the

City and the County is in furtherance of the public purpose of the parties and in the best

interest of the parties; and

WHEREAS, the City adopted Resolution No. RS2015-06 on April 2, 2015 in

which the Mayor and Board of Alderman approved to move forward with entering into an

Intergovernmental Agreement with the County relating to certain zoning classifications;

and

WHEREAS, the City has adopted and incorporated zoning districts as identified

below within their zoning ordinance on May 7, 2015 and hereby request the County to

accept the zoning classifications of AR-20, AR-30, AR-40, ARR, and AR-80 for

purposes of the current HB 489 Land Use Intergovernmental Agreement.

NOW, THEREFORE, in consideration of the respective covenants,

representations, and agreements hereinafter contained and in furtherance of the mutual

public purposes hereby sought to be achieved, the Parties agree as follows:

1.

The City requests to amend the current HB 489 Land Use Intergovernmental

Agreement to modify the area description of the City of Acworth TRANSITION AREA

1 COBB PARKWAY/LAKE ALLATOONA NORTHWEST AREA to incorporate the

language:

that any residential property zoned in Cobb County, Georgia in the area west of

the US Army Corps of Engineers property (commonly known as Lake Allatoona)

to the Paulding County Line and extending South from the Bartow County Line to

Old Stilesboro Road zoned as R-20, R-30, R-40, RR and R-80 and an application

is made to annex into the City of Acworth, the property will be annexed into the

City limits with the Citys zoning of AR-20, AR-30, AR-40, ARR and AR-80 and

developed accordingly thereof.

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2

2.

This Agreement and the rights and obligations of the parties hereto shall be

governed, construed and interpreted according to the laws of the State.

3.

This Agreement expresses the entire understanding and all agreements between

the parties hereto with respect to the matters set forth herein.

4.

If any provision of this Agreement shall be held or deemed to be or shall, in fact

be inoperative or unenforceable under any particular circumstances, because it conflicts

with any other provision or provisions hereof or any constitution or statute or rule of

public policy, or for any other reason, such circumstances shall not have the effect of

rendering the provision in question inoperative or unenforceable in any other

circumstance, or of rendering any other provision or provisions herein contained invalid,

inoperative or unenforceable to any extent whatever. The invalidity of any one or more

phrases, sentences, clauses or sections contained in this Agreement shall not affect the

remaining portions of this Agreement or any part thereof.

5.

This Agreement may be executed in several counterparts, each of which shall be

an original, and all of which shall constitute but one and the same instrument.

6.

This Agreement may be amended, supplemented or otherwise modified solely by

a document in writing duly executed and delivered by the County and the City. No

waiver, release or similar modification of this Agreement shall be established by conduct,

custom, or course of dealing, but solely by a document in writing duly executed and

delivered by a duly authorized official of the County.

7.

Nothing in this Agreement, express or implied, shall give to any person, other

than the parties hereto and their successors and assigns hereunder, any benefit or any

legal or equitable right, remedy or claim under this Agreement.

8.

Any notice sent under this Agreement (except as otherwise expressly required) must

be written and mailed or sent by overnight courier or personally delivered to an officer of

the receiving party at the following addresses:

If to the City of ACWORTH:

City of ACWORTH

City Manager

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3

4415 Senator Russell Avenue

ACWORTH, GA 30101

With a copy to:

Douglas R. Haynie

Haynie, Litchfield & Crane, P.C.

222 Washington Avenue

MARIETTA, GA 30060

If to Cobb County:

Cobb County

Director of Community Development

P.O. Box 649

MARIETTA, GA 30061-0649

With a copy to:

Cobb County

County Attorney

100 Cherokee Street

MARIETTA, GA 30090

Each party may change its address by written notice in accordance with this Section. Any

communication addressed and mailed in accordance with this Section will be deemed to be

given when so mailed, any notice so sent by electronic or facsimile transmission will be

deemed to be given when receipt of such transmission is acknowledged, and any

communication so delivered in person win be deemed to be given when receipted for by, or

actually received by the party identified above.

9.

Any term, condition, covenant, or obligation which requires performance by a

party subsequent to termination of this Agreement shall remain enforceable against such

party subsequent to such termination.

10.

It is required between the Parties hereto that no provision of this Agreement is

intended to create any third-party beneficiaries hereunder, or to authorize anyone not a

party to this Agreement to maintain an action pursuant to the terms or provisions of this

Agreement.

11.

Nothing in this Agreement shall be interpreted or construed to mean that the City

waives any of their sovereign immunities under the Georgia Constitution or any Georgia

Statutes.

Page 63 of 170

4

12.

Except as otherwise specifically provided herein, this Agreement may be

amended only be written instrument specifically referring to this Agreement and executed

by the Parties hereto with the same formalities as this Agreement.

13.

The individuals who have executed this Agreement on behalf of the respective

Parties expressly represent and warrant that they are authorized to sign on behalf of such

entities of the purpose of duly binding such entities to this Agreement.

14.

Time is of the essence with respect to the performance of each and every covenant

and obligation contained in this Agreement.

15.

The Parties shall cooperate with each other in good faith and shall execute further

documents and shall perform further acts as may be reasonably necessary or appropriated

to carry out and accomplish the intent of this Agreement.

16.

Except as may otherwise be expressly provided herein to the contrary, this

Agreement and each of the provisions hereof shall be binding upon and inure to the

benefit of the City and the County, and their respective permitted successors and assigns.

17.

Nothing in this Agreement shall be construed as a waiver of, or limitation upon,

the authority, powers or actions of the City of Acworth, Georgia acting in its

governmental capacity.

Page 64 of 170

5

This ___th day of JUNE, 2015.

CITY OF ACWORTH:

BY:________________________

TOMMY ALLEGOOD

MAYOR

BY: ____________________________

REGINA RUSSELL,

CITY CLERK

COBB COUNTY, GEORGIA

Timothy D. Lee, Chairman

Board of Commissioners

Attest:

Candace Ellison, County Clerk

Approved as to form:

Julie Livingston, County Attorneys Office

Approved as to form:

Dana R. Johnson, Community Development Agency

Page 65 of 170

of 170






DATE: June 23, 2015

PURPOSE

To adopt annexation response per HB489 Intergovernmental Agreement and HB2 regarding a petition for annexation on 4.622 acre tract known as Hardage Drive in the City of Marietta.

BACKGROUND

On July 27, 2004, the Board of Commissioners entered into intergovernmental agreements with each of Cobbs municipalities. The agreements serve as the land use dispute resolution process required by HB489. 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, HB2, which enacts a binding dispute-resolution process, became effective.

RECOMMENDATION

The Board of Commissioners adopt annexation response per HB489 Intergovernmental Agreement and HB2 regarding a petition for annexation Land Lot 327, 20th District, parcel 0010, 2nd Section located on 4.622 acre tract known as in the City of Marietta.

ATTACHMENTSBOC Response Letter to the City of Marietta Hardage Drive

Comm. Dist.

1


Page 67 of 170

of 170






DATE: June 23, 2015

PURPOSE

To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on May 28, 2015 by the License Review Board for Emilie McNulty.

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 May 28, 2015, the License Review Board conducted an appeal hearing for Emilie McNulty in regard to the denial of her alcohol permit by the Cobb County Police Department. After conducting the Appeal Hearing and considering all evidence and testimony presented during the hearing and the Online License Review Board Questionnaire, the License Review Board recommended approval of the issuance of the alcohol permit for Ms. McNulty.

RECOMMENDATION

The Board of Commissioners review the summary of the Appeal Hearing of May 28, 2015 for Emilie McNulty, and affirm the decision of the License Review Board.

ATTACHMENTSSummary May 28, 2015 Appeal HearingLicense Review Board Questionnaire

Comm. Dist.

3


Page 73 of 170

Summary of Appeal Hearing before the Cobb County License Review Board for Emilie McNulty, Alcohol Permit Application to serve alcohol at Buffalo Wild Wings, located at 125 Barrett Pkwy., Suite 106, Marietta, GA 30066. On May 28, 2015 the hearing was conducted in the Bid Room, located at 1772 County Services

Parkway, Marietta, GA 30008. License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Det. Anthony Argano with the Cobb County Police Departments Regulatory Services and Permits Unit testified that Emilie McNulty honestly listed a Driving Under the Influence - Under 21 conviction on her alcohol permit application. Det. Argano stated that Ms. McNulty was arrested on October 24, 2014 and was convicted on March 11, 2015. Det. Argano explained that this conviction was the basis for denying Ms. McNultys alcohol permit. Ms. McNulty stated that she is now twenty one years old. Ms. McNulty explained that she was sentenced to probation and she has completed the classes required by her probation sentence, and she has completed half of her community service work. Ms. McNulty stated that her probation officer gave her verbal permission to work in an establishment serving alcohol, but he would not provide her a letter. Ms. McNulty explained that she does not currently work at Buffalos because they will not officially hire her until she has obtained her alcohol permit. Ms. McNulty stated that she is glad that she did not hurt anyone, and she has learned a lot from the classes she was ordered to take. Ms. McNulty stated that she has seen through the classes how others are impacted by drunk drivers. She stated that she has changed her surroundings including her friends and the palaces she hangs out. She explained that she is a student at Kennesaw State University earning a degree in Early Childhood Development, and she has a grade point average of 3.85. Ms. McNulty explained that she has experience serving alcohol at Pattys Pub. Ms. McNulty stated she drank liquor and against the advice of her friends, she chose to drive. She stated that she now realizes that she made a poor choice, and she could have hurt someone, and she could have lost everything including her HOPE Scholarship. Ms. McNulty stated that she has not drunk alcohol since then. She also stated that she now focuses one hundred percent on school. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Jim Pehrson and a second by Larry Walker, the License Review Board recommended approval of the alcohol permit for Emilie McNulty. Vote 3-2; Eddie Canon and Milton Beck opposed.

Page 74 of 170

DUI under 21.

No. There was not any wrecks, or troubles with my arrest. I was very polite, and understood exactly what was happening.

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?

MADD, DUI school, Alcohol and Drug Evaluation, Court and Probation fines, and 40 hours of community service.

Everything is done and paid for, but the community service is not fully completed yet.

Cartersville, GA and with my parents

6. How long has it been since the arrest?

7 months

7. How long has it been since the conviction?

2 months

8. Where do you work?

Buffalo Wild Wings

9. Is it a bar? Nightclub? Restaurant?

It is a restaurant.

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

Work Permit Applicant: MCNULTY, EMILIE JUNEPermit Number: 153335

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

QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT

Cobb County License Review Board

COBB COUNTYCOMMUNITY DEVELOPMENT AGENCYP.O. Box 649Marietta, Georgia 30061-0649phone: (770) 528-8410Email: [email protected]

Sandra S. RichardsonBusiness License

Division Manager

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Page 75 of 170

I would be a server. 11. What are the policies and procedures of the establishment?

The policies of this establishment is to not serve anyone under the age of 21 Alcohol. It is also the policy of this establishment to ID everyone that orders Alcohol. They provide training on all of this. They also have procedures in place to ensure that no one under 21 ends up in the possession of alcohol. It is also the policy of this establishment that employees are not allowed to drink alcohol at the premises.

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

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

They have SafeServ training, as well as additional training & procedures regarding who to serve or who not to serve based on age or how much they have consumed as well as other factors. Management also plays an active role in the operation of the store and provides ongoing training in all areas.

Yes

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

I have changed my lifestyle, and my friends. I focus on the positive things in life and find alternatives like spending time with family and my dogs.

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

Yes, my family is supporting me.

16. Are you going to school?

Yes

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

4.0

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

I can assure that I will not violate because I have seen the bad sides of things and I do not want to go down that road again. I will follow every rule and be the best person I can be.

19. Why should the LRB grant the permit?

LRB should grant me a permit so I can be able to have an income, and to prove that I can be a better person.

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

You cannot sell alcohol to someone who is not 21. You must check IDs always. This establishment also has mandatory training regarding the laws of the county and state.

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

It has been a huge impact. Just seeing the disappointment on my families face made me want to change for the better. I have completely changed my life around and have been focusing on school and work more than ever. I would like to keep President`s List at Kennesaw State.

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Cobb County County Attorney's Office Deborah Dance, County Attorney

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


FROM: Deborah Dance, County Attorney

This item has been electronically signed by:Deborah Dance, County Attorney

DATE: June 23, 2015

PURPOSE

To authorize settlement of Jaylen O. Ferguson v. Cobb County, Georgia, Civil Action File No. 14A3461-3, State Court of Cobb County, pursuant to the direction and within the terms discussed in Executive Session on June 8, 2015, and further authorize counsel to prepare and execute any necessary documents for the purposes of settling ongoing litigation.

BACKGROUND

Legal counsel and parties have negotiated a settlement of Jaylen O. Ferguson v. Cobb County, Georgia, Civil Action Fil

Documents

Agenda 6-23-2015