agenda 11-26-2013

November 26, 2013

TAB SPECIAL CALLED MEETING / WORK SESSION CALL TO ORDER - TRANSPORTATION AGENCY .................................................................................... 1 BOARD OF COMMISSIONERS ................................................................................... 2 HUMAN RESOURCES ................................................................................................. 3

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kingk001844

Text Box

1:30 p.m.

November 26, 2013

TAB

REGULAR MEETING - CALL TO ORDER - 7:00 PM

PRESENTATIONS ...................................................................................................... 4

PUBLIC HEARING

Transportation Agency ............................. ................................................................ 5

Community Development Agency ...................... ................................................... 6

PUBLIC COMMENT .................................... ................................................................ 7

CONSENT ................................................................................................................... 8

TRANSPORTATION AGENCY ............................. ................................................... 9

SUPPORT SERVICES AGENCY .............................................................................. 10

PUBLIC SAFETY AGENCY ... .......................... .......................................................... 11

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BOARD OF COMMISSIONERS ..................................................................................... 12

PUBLIC COMMENT .................................... ................................................................ 13

APPOINTMENTS ...................................................................................................... 14

COMMISSIONERS' PUBLIC ADDRESS ..................... ............................................... 15

ADJOURN

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COBB COUNTY TRANSPORTATION AGENCY

WORK SESSION AGENDA COVER

WORK SESSION OF NOVEMBER 26, 2013

ITEM NO.

Administration

1 To provide an update on the Street Light Program and present information regarding the Program's revenue and expenditures.

Engineering

2 To consider information presented regarding the concept plan for the design of roadway safety and operational improvements on Lower Roswell Road, Project No. E6020.

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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

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: November 26, 2013

PURPOSE To provide an update on the Street Light Program and present information regarding the Program's revenue and expenditures.

BACKGROUND In October 2010, the County’s Internal Audit Department completed a comprehensive review of the Street Light Program and issued a number of recommendations to improve the Program. Among them was to establish a Special Revenue Fund. Information will be provided to the Board outlining revenue to the Fund, expenditures from the Fund, and anticipated Fund Balance.

FUNDING N/A

RECOMMENDATION The Board of Commissioners receive an update on the Street Light Program and receive information regarding the Program's revenue and expenditures.

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Agenda Item Number. 1

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PURPOSE To consider information presented regarding the concept plan for the design of roadway safety and operational improvements on Lower Roswell Road, Project No. E6020.

BACKGROUND Lower Roswell Road is an approved roadway safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program. Proposed improvements on Lower Roswell Road, from Woodlawn Drive to Davidson Road, consist of pavement marking improvements and addition of through and turn lanes at the intersection of Woodlawn Drive. In addition, improvements on the east side of Johnson Ferry Road include constructing a median from Johnson Ferry Road to Davidson Road, along with a frontage road on the north side of Lower Roswell Road, between McDonald’s restaurant and Davidson Road. Additional turn lanes and sidewalks are to be added along Woodlawn Drive and Lower Roswell Road.

FUNDING N/A

RECOMMENDATION The Board of Commissioners consider information presented regarding the concept plan for the design of roadway safety and operational improvements on Lower Roswell Road, Project No. E6020.

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COBB COUNTY BOARD OF COMMISSIONERS



ITEM NO.

Chair (County-wide)

1 To provide the Board of Commissioners with a year end update from the Compensation Committee.

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Cobb County Board of Commissioners Tim Lee, Chairman

100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606

TO: Board of Commissioners

FROM: Tim Lee, Chair

This item has been electronically signed by:


PURPOSE To provide the Board of Commissioners with a year end update from the Compensation Committee.

BACKGROUND In December 2012 the Board of Commissioners appointed the members of the Compensation Committee. The committee made up of Commissioner Helen Goreham; Sheriff Neil Warren; Tim Hourigan, Home Depot; Don Johnson, State Farm; and myself initiated monthly meetings starting in January 2013. Tim Hourigan, Home Depot who serves as the vice chair for the Compensation Committee will provide an update for the committee

FUNDING N/A

RECOMMENDATION Present the Board of Commissioners with a year end update from the Compensation Committee.

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COBB COUNTY HUMAN RESOURCES



ITEM NO.

Human Resources

1 To update the Board of Commissioners on the on-site clinic implementation.

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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 John Reida, Property Management Director

This item has been electronically signed by:Tony Hagler, Director John A. Reida, Director


PURPOSE To update the Board of Commissioners on the on-site clinic implementation.

BACKGROUND In September 2013 the Board of Commissioners approved the contract with Healthstat, Inc. to administer an onsite clinic for employees, retirees and dependents. Additionally the Board approved funding for County staff to renovate existing space at Powder Springs Station for the clinic to operate. Since these approvals, renovations have begun and staff has been working with HealthStat to implement services starting in February 2014.

RECOMMENDATION Update the Board of Commissioners on the on-site clinic implementation.

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PRESENTATIONS

AGENDA COVER

REGULAR MEETING OF NOVEMBER 26, 2013

ITEM NO.

1 To present a Certificate of Recognition to Collin Carter, Boy Scout Troop 1776 in recognition of earning the rank of Eagle Scout.

2 To allow Mason Zimmerman, Chairman of the Town Center Area Community Improvement District (TCACID) and Tad Leithead, Chairman of the Cumberland Community Improvement District (CCID) to present to the Board of Commissioners annual CID updates.

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FROM: Tim Lee, Chairman

This item has been electronically signed by:Tim Lee, Chairman


PURPOSE To present a Certificate of Recognition to Collin Carter, Boy Scout Troop 1776 in recognition of earning the rank of Eagle Scout.

BACKGROUND It is always worthy of recognition when our young citizens are willing to put forth the extra effort required to attain the rank of Eagle Scout. The high ideals and values that are an integral part of scouting provide foundation upon which our youth can build their lives as they grow to maturity. The Eagle Award is awarded only to those who meet very strict requirements as set forth by the Boy Scouts of America.

FUNDING N/A

RECOMMENDATION The Board of Commissioners present a Certificate of Recognition to Collin Carter, in Boy Scout Troop 1776 in recognition of earning the rank of Eagle Scout, the highest honor given by the Boy Scouts of America.

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This item has been electronically signed by:Tim Lee, Chairman


PURPOSE To allow Mason Zimmerman, Chairman of the Town Center Area Community Improvement District (TCACID) and Tad Leithead, Chairman of the Cumberland Community Improvement District (CCID) to present to the Board of Commissioners annual CID updates.

BACKGROUND According to the TCACID Board and CCID Bylaws each CID is required to provide annual updates to the Board of Commissioners.

FUNDING N/A

RECOMMENDATION To receive a presentation from Mason Zimmerman, Chairman of the Town Center Area Community Improvement District (TCACID) and Tad Leithead, Chairman of the Cumberland Community Improvement District (CCID) regarding their annual CID updates.

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PUBLIC HEARING AGENDA COVER


ITEM NO.

Administration

1 To conduct a public hearing for the proposed closure and abandonment of a portion of Misty Lane, located in Land Lot 761 of the 17th District, 2nd Section, Cobb County, Georgia.

2 To conduct a public hearing for the proposed closure of a portion of Frey Lake Road, located in Land Lot 97 of the 20th District, 2nd Section, Cobb County, Georgia.

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PURPOSE To conduct a public hearing for the proposed closure and abandonment of a portion of Misty Lane, located in Land Lot 761 of the 17th District, 2nd Section, Cobb County, Georgia.

BACKGROUND

Misty Lane, located in Commission District 2, is classified as a local street. Rocklyn Homes, Inc., has purchased all of the property adjacent to a portion of Misty Lane. The property has been approved to complete the construction of the townhome development known as White Oak Preserve. Public access along a portion of Misty Lane is no longer needed. The right-of-way on a portion of Misty Lane, adjacent to the Rocklyn Homes, Inc., property, is required to allow full utilization of the property purchased; therefore, Rocklyn Homes, Inc., has requested the County close and abandon a portion of the public right-of-way on Misty Lane, as this section 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 November 12, 2013, the Board of Commissioners authorized the advertisement for and conduct of a public hearing for the proposed closure and abandonment of a portion of Misty Lane. Notice of Public Hearing was advertised in the Marietta Daily Journal on November 15 and 22, 2013.

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FUNDING N/A

RECOMMENDATION The Board of Commissioners conduct a public hearing for the proposed closure and abandonment of a portion of Misty Lane, located in Land Lot 761 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, Rocklyn Homes, Inc.

ATTACHMENTSLocation Map


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ATLANTA RD

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PROJECT:Misty Lane Closure and Abandonment

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DATE:November 26, 2013

Cobb CountyDepartment of Transportation

LOCATION MAP

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ProjectLocation

Notes: Commission District 2 of 272







PURPOSE To conduct a public hearing for the proposed closure of a portion of Frey Lake Road, located in Land Lot 97 of the 20th District, 2nd Section, Cobb County, Georgia.

BACKGROUND Frey Lake Road is located in Commission District 1. Over the years, there have been a number of requests from the Pinetree Country Club community to close Frey Lake Road at its intersection with Campus Loop Road. The purpose of the proposed closure is to reduce or eliminate traffic from Cherokee Street/Wade Green Road traveling through the subdivision to the Kennesaw State University/Chastain Road area. In accordance with O.C.G.A. §32-7-2, a public hearing must be held prior to the closing of a public street. The District Commissioner is aware of this request. On November 12, 2013, the Board of Commissioners authorized the advertisement for and conduct of a public hearing for the proposed closure of a portion of Frey Lake Road. Notice of Public Hearing was advertised in the Marietta Daily Journal on November 15 and 22, 2013.

FUNDING

N/A

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RECOMMENDATION The Board of Commissioners conduct a public hearing for the proposed closure of a portion of Frey Lake Road, located in Land Lot 97 of the 20th District, 2nd Section, Cobb County, Georgia.



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PROJECT:Frey Lake Road Closure

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LOCATION MAP

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Proposed Point of Closure


COBB COUNTY COMMUNITY DEVELOPMENT AGENCY

PUBLIC HEARING AGENDA COVER


ITEM NO.

Planning

1 To conduct a public hearing prior to employing an independent consultant or consulting firm to develop a Joint Land Use Study in partnership with Dobbins Air Reserve Base, the City of Marietta, and the City of Smyrna.

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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 conduct a public hearing prior to employing an independent consultant or consulting firm to develop a Joint Land Use Study in partnership with Dobbins Air Reserve Base, the City of Marietta, and the City of Smyrna.

BACKGROUND

On November 12, 2013, the Board of Commissioners authorized the issuance of a Request for Proposals for consultant services to secure planning services for a Joint Land Use Study in partnership with Dobbins Air Reserve Base, the City of Marietta, and the City of Smyrna. In addition, the Board authorized the advertisement for and conduct of a public hearing for contract services in excess of $100,000.00.

Some of the goals in conducting the Joint Land Use Study include:

• Plan for the long-term viability of the missions at Dobbins Air Reserve Base and Lockheed Martin in service to the national defense of the nation;

• Plan for the long-term viability of the Clay National Guard complex in service to the state for humanitarian missions and security;

• Increase protection of health, safety, and property of the local community;

• Improve the appreciation of the military mission at Dobbins by the local community; and

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• Enhance intergovernmental cooperation.

This public hearing is being held in accordance with Georgia Laws 1991, Page 4492, as follows:

"Before the Commission expends County funds of $100,000.00 or more to employ an independent consultant or consulting firm or to conduct an independent study or survey, it shall hold a public hearing thereon. At least 15 days' notice of the time and place of the hearing shall be published in a newspaper of general circulation in the County."

Notice of Public Hearing was advertised in theMarietta Daily Journalon November 22, 2013.

FUNDING N/A

RECOMMENDATION The Board of Commissioners conduct a public hearing prior to employing an independent consultant or consulting firm to develop a Joint Land Use Study in partnership with Dobbins Air Reserve Base, the City of Marietta, and the City of Smyrna, where contract fees may exceed $100,000.00.


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PUBLIC COMMENT (BEGINNING OF MEETING)

NOVEMBER 26, 2013

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 Business Services

1 To approve an extension to the current contract with Datamatx, Inc. for Water System bill services.

Engineering

2 To approve an engineering agreement with Civil Engineering Consultants, Inc. for design services for the Sweetwater Basin Dry Sewer Connections, Program No. S2058.

TRANSPORTATION AGENCY Administration

3 To approve an Intergovernmental Agreement with Paulding County for the acquisition of rights-of-way associated with thoroughfare improvements on Cedarcrest Road, State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, Cobb County Project No. D4070.

Airport

4 To authorize negotiation of a Lease and Operating Agreement of Airport property under the Runway 27 Approach to Cobb County Airport–McCollum Field.

Engineering

5 To approve Supplemental Agreement No. 1 to the Cobb Framework Agreement with Town Center Area Community Improvement District for additional design and preliminary engineering services for South Barrett Parkway Reliever, Phases 2 and 3, Project No. TCID-26.

6 To approve Change Order No. 2 (final) to the contract with Johnson Landscapes, Inc., for pedestrian improvements and streetscapes on Cobb Galleria Parkway, State Project No. STP-0004-00(473), State P.I. No. 0004473, ARC No. CO-AR-286, Cobb County Project No. TR278, MIS Contract No. 000335.

SUPPORT SERVICES AGENCY Purchasing

7 To authorize the Purchasing Director to approve purchases of miscellaneous office supplies utilizing the State of Georgia term contract for an initial period of one year effective January 1, 2014.

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PUBLIC SAFETY AGENCY Police

8 To approve an extension to the contract for False Alarm Billing and Tracking Services with UNICOM Government, Inc. (Formerly GTSI Corpora tion) and Sub-Contractor AOT Public Safety Corporation.

COMMUNITY DEVELOPMENT AGENCY Business License

9 To review, in accordance with the Alcoholic Beverage Ordinance, the attached summary of the Show Cause Hearing conducted on November 7, 2013, by the Cobb County License Review Board for Alfonse Murungaru.

10 To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the Show Cause Hearing conducted on November 7, 2013, by the License Review Board for PDS, LLC, doing business as, BP Gas Station, 575 Barrett Pkwy., Kennesaw, Georgia 30144, Steve Kwon, licensee.

11 To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on November 7, 2013, by the License Review Board for Helios Prime, Inc., doing business as, BP Wade Green, 4225 Wade Green Rd., Kennesaw, GA 30144, Amine Mazeh, licensee.

12 To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on November 7, 2013, by the License Review Board for Closer Line USA, LLC, doing business as, Crown Bottle Shop, 741 Townpark Ln., Kennesaw, GA 30144, Freddy R. Marquez, licensee.

13 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on November 7, 2013 by the License Review Board for Marla LaFountain.

14 To review, in accordance with the Alcoholic Beverage Ordinance, the attached summary of the Show Cause Hearing conducted on November 7, 2013, by the Cobb County License Review Board for Nubia Moreno-Hernandez.

15 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 The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe, 4199 Paces Ferry Rd., Suite 100, Atlanta, GA 30339, Matthew Bradford, licensee.

COUNTY ATTORNEY

16To authorize settlement of Melvin Waiters v. P.M. Stoddard Matthew Owen, Brandon M. Johnson, D.L. Concepcion, in their individual and official capacity, Civil Action No. 1:12-CV-00496-MHS, United States District Court, pursuant to the direction and

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within the terms as discussed in Executive Session on October 7, 2013, and authorize counsel to prepare and execute any necessary documents for the purposes of settling ongoing litigation.

ECONOMIC DEVELOPMENT

17 To approve an Agreement with CobbWorks, Inc. for the provision of employment and job training services with Workforce Investment Act funds.

HUMAN RESOURCES

18 To approve revisions to the Compensation and Performance Appraisal Policies.

FINANCE

19 To ratify previous Board actions that authorize the collection and appropriation of various county standard reserves for FY 2014, and furtherauthorize the carry forward of all unspent FY 2013 standard reserve funds into FY 2014.

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

21 To adopt a resolution approving the issuance of Cobb-Marietta Coliseum Exhibit Hall Authority Revenue Refunding Bonds, Series 2013 sufficient to refund all or a portion of the Cobb-Marietta Coliseum and Exhibit Hall Authority Revenue Bonds, Series 2004.

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

23 To approve the use of consulting services from The Center for Priority Based Budgeting and assistance with the implementation of priority based budgeting.

COUNTY CLERK

24 To approve the minutes of the following meetings: November 11, 2013 - Special Called Meeting/Agenda Work Session November 12, 2013 - Regular Meeting of the Board November 19, 2013 - BOC Zoning Hearing (provided under separate cover)

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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 extension to the current contract with Datamatx, Inc. for Water System bill services.

BACKGROUND

The Cobb County Water System bills approximately 175,000 accounts on a monthly basis. Meters are read by geographic area every business day of each month. Those readings are then uploaded at the end of the day for bill calculation and that information is electronically transmitted to an outside contractor to be printed, inserted, and mailed. Outsourcing this service has been found to be both cost effective and efficient. The bill services contractor also supports customer on-line access through a secure site for customers to view bill copies and account history, handles credit card payments and epayments, and provides customized software to improve the effectiveness of Water System operation. On January 13, 2009, the Board of Commissioners approved a contract with Datamatx, Inc. for provision of these services through April 1, 2014. They were selected by an Evaluation Team through the County's Procurement Process, and were the incumbent firm. At the time of contract execution with Datamatx, it was anticipated that upgrade of our billing system by another vendor (including upgrade to the newest release of Banner, creation of an enhanced archive/purge system, and implementation of Mobile Work Force for use by our field crews) would be complete by September 1, 2013. This schedule proved very ambitious because of technical issues, hardware limitations, and limited availability of Information Services and Water System resources. We do not anticipate that this work will be complete until late summer or early fall of 2014. We are very pleased with the performance of Datamatx as our contractor for water bill services to date, and are hesitant to consider making a change until the upgrade to the billing system is complete. In addition, resources are not currently available from Information Services and the

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Water System to prepare an RFP, review proposals, and potentially interface with another contractor. We believe that a one-year extension to the existing contract with Datamatx is important to the on-going consistency of our operation and anticipate that, with the proposed extension, we will have adequate resources available to reprocure the contract in 2015. Datamatx has agreed to the proposed extension with no change in cost.

FUNDING Funding is available in the Water System's Customer Service Professional Services FY14 Adopted Operating Budget, Fund 500, Department 500, Unit 5140, Account 6326.

RECOMMENDATION The Board of Commissioners approve a one-year extension to the current contract with Datamatx, Inc. for Water System bill services, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.


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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 engineering agreement with Civil Engineering Consultants, Inc. for design services for the Sweetwater Basin Dry Sewer Connections, Program No. S2058.

BACKGROUND

On August 13, 2013, the Board of Commissioners authorized the advertisement and holding of a public hearing for employment of consultant services where contract fees will exceed $100,000.00 for design services for Sweetwater Basin Dry Sewer Connections. The project will result in the extension of sewer to activate the dry sewers in the Browns Crossing and the Kensington Place subdivisions. A public hearing for the employment of consultant services was held on September 10, 2013. In accordance with the Policy for the Procurement of Professional Services adopted by the Board of Commissioners on July 28, 2009, for Selection Process 2 (Competitive Proposals), proposals were solicited through advertisement in the Marietta Daily Journal. Selection Process 2 requires the submittal of a narrative proposal, including pricing information. Ranking of proposals includes consideration of staffing, previous experience and performance, approach, availability, financial stability, and cost. On September 12, 2013, Cobb County received six proposals for design services for the Sweetwater

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Basin Dry Sewer Connections. A five-member interdepartmental Selection Committee evaluated the proposals and pricing information, and selected Civil Engineering Consultants, Inc. as the firm offering the best combination of qualifications and pricing. The members of the committee were Tom Bills, Parks, Recreation and Cultural Affairs; Bryan Ricks, Department of Transportation; Adam Turner, Water System; Terry Martin, Community Development; and Richard Wittman, Water System. It is recommended that an agreement be entered into with Civil Engineering Consultants, Inc. in an amount not to exceed $79,560.00. It was determined by the Committee that Civil Engineering Consultants, Inc. offered the most attractive combination of qualifications and price. It is recommended that an agreement be entered into with Civil Engineering Consultants, Inc. in an amount not to exceed $79,560.00

FUNDING Funding is available in the Water System’s Asbestos/Cement Water Main Replacement Adopted CIP Budget for Fund 510, Department 500, Unit 5755, Program No. S2058. Transfer from: Sweetwater Creek Basin Sanitary Sewer Expansion

Transfer to: Sweetwater Basin Dry Sewer Connections

Preliminary Estimates 510-500-5755-8005 S2023-Z $134,560.00

Engineering 510-500-5755-8225 S2058-E $79,560.00 Easement and Right of Way 510-500-5755-8020 S2058-R $50,000.00

Legal Fees 510-500-5755-8028 S2058-R $5,000.00Total $134,560.00

RECOMMENDATION The Board of Commissioners approve an engineering agreement with Civil Engineering Consultants, Inc., in the amount of $79,560.00, for design services for the Sweetwater Basin Dry Sewer Connections, Program No. S2058, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMAP


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Martins FarmDry Sewer-Active

Ashbrooke HillsDry Sewer-Inactive

Browns Crossing-South SectionDry Sewer-Active

Kensington Place (Part)Dry Sewer-Active

Browns Crossing-North SectionDry Sewer-Inactive

Kensington Place (Part)Dry Sewer-Inactive

Sweetwater Creek

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Hiram Lithia Spring

s Rd

Brown Rd

Holl oman Rd

Lewis Rd

Sammy Dr

Lindsey Dr

Brown Leaf Dr

Brownwood Dr

Hubert Dr

Suggs St

Martin Farms Rd

Duncan Dr

Fairfax Pl

Darrowby Dr

Karron Dr

Paddington Ln

Crider Creek Dr

Harrington Pl

Karron Ln

St ratford W

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Westview Dr

Brown Leaf Trl

Martin Farm

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Mann D

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Seamus Way

Rollins D

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LOCATION MAP

:*

Project: Sweetwater Basin Dry Sewer Connections

Program Number: S2058

Land Lot: 1193, 1250, 1251 & 1246, 1247, 1271, 1320

District: 19

Commission District: 4

Project

Project

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PURPOSE To approve an Intergovernmental Agreement with Paulding County for the acquisition of rights-of-way associated with thoroughfare improvements 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. On August 27, 2013, the Board of Commissioners approved a Reimbursable Contract for Acquisition of Right-of-Way with Georgia Department of Transportation for Cedarcrest Road, whereby Cobb County agreed to acquire the necessary rights-of-way and easements on the project; GDOT will reimburse Cobb County for eligible expenditures. Cobb County is in receipt of an Intergovernmental Agreement from Paulding County which authorizes Cobb County to acquire the necessary parcels within Paulding County’s jurisdiction, either by negotiation or condemnation. The Intergovernmental Agreement has been reviewed by the County Attorney's Office.

Comm. Dist. 1


of 272

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve an Intergovernmental Agreement with Paulding County for the acquisition of rights-of-way associated with thoroughfare improvements on Cedarcrest Road, State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, Cobb County Project No. D4070; and further authorize the Chairman to execute the necessary documents.


Intergovernmental Agreement between Paulding County and Cobb County


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PROJECT:Cedarcrest Road Widening fromCobb County Paulding Line Eastto Governor's Towne DriveProject No. D4070 [


Notes: Commission District 1


LOCATION MAP

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Project

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PURPOSE To authorize negotiation of a Lease and Operating Agreement of Airport property under the Runway 27 Approach to Cobb County Airport–McCollum Field.

BACKGROUND

Cobb County Airport-McCollum Field is comprised of 310 acres. Approximately 24 acres, which primarily lies within the Runway Protection Zone (RPZ) on the east end of the Airport, may reasonably be available to be leased for compatible non-aeronautical activity to generate revenue.

On September 24, 2013, the Board of Commissioners authorized the advertisement for and issuance of a Request for Proposals (RFP) for Lease and Operating Agreements of Airport property under the Runway 27 Approach to Cobb County Airport–McCollum Field.

The RFP was advertised in the Marietta Daily Journal on October 11 and 18, 2013, in accordance with Selection Process 2 (Competitive Proposals) of the Policy for the Procurement of Professional Services, as amended by the Board on December 20, 2011. Proposals were received on October 24, 2013, with one firm responding.

The following Selection Committee reviewed the proposal: Bill Volckmann, Finance Department; John Pederson, Community Development; and Karl Von Hagel, Airport Manager, Department of Transportation.

Comm. Dist. 1


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The Selection Committee reviewed the one proposal received from Butch Thompson Enterprises, Inc., based upon the proposed revenue, site improvements, compatible business plan, term, and qualifications, and recommends Butch Thompson Enterprises, Inc., as a qualified proposer. Butch Thompson Enterprises, Inc., proposes to lease 10.5 to 24 acres at $6,000.00 per acre, per year, for the storage of construction materials and equipment, with the option to install a construction materials plant in the future on the premises outside the RPZ.

The Selection Committee recommends negotiating with Butch Thompson Enterprises, Inc., to finalize lease terms specific to the proposed use and to obtain Federal Aviation Administration (FAA) approval of the proposed activity within the RPZ. The FAA will study the proposed use of the RPZ and the effect it will have upon the safe, efficient use of the airport and safety of persons/property on the ground.

If negotiations are successful, an agenda item will be presented to the Board at a future date to recommend approval of a Lease and Operating Agreement.

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize negotiation of a Lease and Operating Agreement of Airport property under the Runway 27 Approach to Cobb County Airport–McCollum Field with Butch Thompson Enterprises, Inc.



of 272

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PROJECT:Airport RFP Lease Authorization

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LOCATION MAP

Runway LandAvailable24 Acres

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PURPOSE To approve Supplemental Agreement No. 1 to the Cobb Framework Agreement with Town Center Area Community Improvement District for additional design and preliminary engineering services for South Barrett Parkway Reliever, Phases 2 and 3, Project No. TCID-26.

BACKGROUND

On August 23, 2011, the Town Center Area Community Improvement District (TCACID) Board approved an agreement with Arcadis U.S., Inc., for a traffic and concept analysis study for South Barrett Parkway Reliever. The project consists of the development of a new roadway facility parallel to and south of Barrett Parkway. This new roadway facility will run from Barrett Lakes Boulevard eastward across I-75, and then northward along Robert Court, providing another critical crossing over I-75. The roadway is proposed to be a four-lane divided facility including bus lanes, pedestrian accommodations and two roundabouts. On August 14, 2012, the Board of Commissioners approved a Cobb Framework Agreement (CFA) with the TCACID, which detailed the responsibilities of the TCACID and Cobb County for traffic analysis, environmental screening, and concept development activities. On September 24, 2013, the TCACID Board approved funding to move forward with additional design and preliminary engineering services for South Barrett Reliever, Phases 2 and 3. A portion of Phase 2 work was separated out as Phase 3 to facilitate potential grant funding opportunities.

Comm. Dist.

1,3


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As per the terms of the CFA, Supplemental Agreement No. 1 is requested to include the additional design and preliminary engineering services in the CFA. Engineering of this project will be 100 percent funded by the TCACID. The Department’s role will be to provide oversight of engineering and construction activities. Agreement No. 1 has been reviewed by the County Attorney's Office.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 1 to the Cobb Framework Agreement with the Town Center Area Community Improvement District for additional design and preliminary engineering services for South Barrett Parkway Reliever, Phases 2 and 3, Project No. TCID-26; and authorize the Chairman to execute the necessary documents.


Supplemental Agreement No. 1 to Cobb Framework Agreement


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PROJECT:South Barrett Parkway Reliever,Phases 2 and 3Project No. TCID-26

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Notes: Commission Districts 1 and 3


LOCATION MAP

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COBB COUNTY

DEPARTMENT OF TRANSPORTATION

SUPPPLEMENTAL AGREEMENT TO

COBB FRAMEWORK AGREEMENT

Project No. TCID-26

SUPPLEMENTAL AGREEMENT NO. 1

WHEREAS, We, Town Center Area Community Improvement District (TCACID) entered into a

Cobb Framework Agreement with Cobb County, Georgia (COUNTY) on August 21, 2012, for services

associated with South Barrett Parkway Reliever (PROJECT), Phase 2, Project No. TCID-26, and

WHEREAS, the preliminary conceptual development activities have been completed and the TCACID

and the COUNTY are interested in continuing the advancement of the PROJECT;

WHEREAS, the TCACID Board has approved additional funding to begin the preliminary engineering

tasks for the PROJECT and a CONSULTANT has been awarded continuation of the engineering design.

NOW THEREFORE, for and in consideration of the mutual benefits and obligations flowing each to the

other, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend

agreement as follows:

To include in the scope of work the addition of Supplemental Agreements 1, 2, 3 and 4 to the

Consultant Services Agreement for additional engineering design services and to include

preliminary engineering services (all as included in Exhibit A).

This agreement in no way modifies or changes the original Agreement of which it becomes a part, except

as specifically stated herein.

This _________ day of ____________________________, 20 .

RECOMMEND FOR APPROVAL:

TOWN CENTER AREA COMMUNITY

Department Director IMPROVEMENT DISTRICT

Approved: Date By:

Title: ______________________________

[ATTACH CORPORATE SEAL]

APPROVED AS TO FORM BY: COBB COUNTY, GEORGIA

Department of Transportation Chairman, Board of Commissioners

[ATTACH COUNTY SEAL]

ATTEST:

10.31.13/ncr County Clerk

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PURPOSE To approve Change Order No. 2 (final) to the contract with Johnson Landscapes, Inc., for pedestrian improvements and streetscapes on Cobb Galleria Parkway, State Project No. STP-0004-00(473), State P.I. No. 0004473, ARC No. CO-AR-286, Cobb County Project No. TR278, MIS Contract No. 000335.

BACKGROUND

Cobb Galleria Parkway Streetscapes is an approved Cobb County and Georgia Department of Transportation (GDOT) project, designated as State Project No. STP-0004-00(473). This project is also part of the Atlanta Regional Commission’s (ARC) Envision6 2008-2013 Transportation Improvements Program, ARC Project No. CO-AR-286, and is an ARC Livable Centers Initiative project. The project encompassed Cobb Galleria Parkway, between Akers Mill Road and Cumberland Boulevard, and consisted of removing existing sidewalks, construction of a 12-foot wide multi-use trail along the east side, and construction of a 5-foot wide sidewalk along the west side. The project also included extensive landscaping, addition of retaining walls, modifications to the existing traffic signals, and placement of street and pedestrian lighting. On February 17, 2009, the American Recovery and Reinvestment Act (ARRA) was signed into law and Cobb Galleria Parkway Streetscapes was selected to receive ARRA economic stimulus funding. On July 13, 2010, the Board of Commissioners approved a Construction Agreement with GDOT for Cobb Galleria Parkway Streetscapes.

Comm. Dist. 2


of 272

On July 27, 2010, the Board approved a contract with Johnson Landscapes, Inc., for pedestrian improvements and streetscapes on Cobb Galleria Parkway. On September 13, 2011, the Board approved Supplemental Agreement No. 1 to the contract with Johnson Landscapes, Inc., for the addition of a retaining wall, concrete pavement widening, and the addition of ornamental fencing. The Board also approved Change Order No. 1 for the re-design of Wall No. 1 and deduction of shoring quantities, and approved a time extension through December 21, 2011, to accomplish the work. The contract required a two year warranty period on all landscaping. Details for action requested are as follows: Construction of this project is complete and Change Order No. 2 (final) to the contract with Johnson Landscapes, Inc., a savings to the project of $124,118.41, is requested due to variations between original and final plan quantities. Variations resulted in savings of $103,721.41 in roadway costs, and $20,397.00 in Water System costs. These are the final changes necessary to close this contract with Johnson Landscapes, Inc.

Original Contract $1,967,938.43

Supplemental Agreement No. 1 $ 197,580.00

Change Order No. 1 ($ 434,114.14)

Change Order No. 2 ($ 124,118.41)

Revised Contract $1,607,285.88

FUNDING

A savings to the Grant Fund.

Decrease receipt of ARRA funded revenue from State Contract No. STP-0004-00(473), State P.I. No. 0004473, as follows:

Decrease GAE 270072710711: 270-050-G043-8762-TR278-C$103,721.41

Decrease GAE 2700727107111: 270-050-G043-8260-TR278-C $ 20,397.00

Decrease Revenue Appropriation: 271-050-D043-4449 $124,118.41

Decrease Expenditure Appropriation: 271-050-D043-6594 $124,118.41


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RECOMMENDATION The Board of Commissioners approve Change Order No. 2 (final) to the contract with Johnson Landscapes, Inc., a savings to the project in the amount of $124,118.41, for pedestrian improvements and streetscapes on Cobb Galleria Parkway, State Project No. STP-0004-00(473), State P. I. No. 0004473, ARC No. CO-AR-286, Cobb County Project No. TR278, MIS Contract No. 000335; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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Cobb County Purchasing Department William J. Tommie, Jr., Director

100 Cherokee St Marietta, Georgia 30090 (770) 528-8400 / fax: (770) 528-8428


FROM: William J. Tommie, Jr., Director Willie A. Hopkins, Jr., Director of Support Services

This item has been electronically signed by: William J. Tommie, Jr., Director Willie A. Hopkins, Jr., Director of Support Services


PURPOSE To authorize the Purchasing Director to approve purchases of miscellaneous office supplies utilizing the State of Georgia term contract for an initial period of one year effective January 1, 2014.

BACKGROUND The County currently purchases office supplies from Independent Stationers, Inc. under the US Communities cooperative contract. The Policy on Procurement and Contract Management requires Board approval for purchases made from State of Georgia statewide term contracts anticipated to exceed $100,000.00. All state term contracts have been competitively procured. Pricing under the state term contract is expected to be at least 8% lower than current contract pricing. All printer and toner cartridges, which represents approximately 50% of total office supply expenditures, are currently being purchased under the US Communities contract. These items will be competitively bid by the Purchasing Department and an annual contract established for county wide use.

FUNDING Not applicable.

RECOMMENDATION The Board of Commissioners authorize the Purchasing Director to approve purchases of miscellaneous office supplies under the State of Georgia term contract for an initial period of one year effective January 1, 2014.

Comm. Dist.

ALL


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Cobb County Police Department John R. Houser, Police Chief

140 North Marietta Parkway Marietta, Georgia 30060-1454


FROM: John R. Houser, Police Chief

This item has been electronically signed by:John R. Houser, Police Chief Jack Forsythe, Director of Public Safety


PURPOSE To approve an extension to the contract for False Alarm Billing and Tracking Services with UNICOM Government, Inc. (Formerly GTSI Corporation) and Sub-Contractor AOT Public Safety Corporation.

BACKGROUND On February 26, 2008 the Board of Commissioners approved a new alarm system ordinance. The ordinance was patterned after other successful local ordinances that have successfully reduced the number of false alarms in their jurisdictions up to 50% within five years. False alarms place a large burden upon police resources and hinder response time to actual emergencies. In 2008, there were 40,263 alarm calls. In 2012, there were 14,873 alarm calls, a reduction of 63% in less than five years. Over 73,000 residential and business alarms have been registered in unincorporated Cobb County. The contract was negotiated through the non-profit government purchasing U.S. Communities alliance, an organization that coordinates agreements while meeting all competitive solicitation requirements. The initial agreement was for three-years. Subsequently, Cobb County holds an annual option to extend the agreement up to six years in total. This would be the third of three available one (1) year extensions. The Board of Commissioners approved the first extension on November 8, 2011 and the second extension on November 27, 2012. The initial five years of the contract were with GTSI Corporation who has merged with their parent company UNICOM Government, Inc.

IMPACT STATEMENT

Comm. Dist. All


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County personnel and equipment costs related to the program will be reimbursed per the agreement with the county receiving 30% of the revenue from false alarm fines.

FUNDING

Increase revenue: 010-130-2100-4506 Other Local Revenue

Increase expense: 010-130-2100-8810 Designated Contingency

RECOMMENDATION The Board of Commissioners approve a one year extension to the contract for False Alarm Billing and Tracking Services with Contractor UNICOM Government, Inc. (Formerly GTSI Corporation) and Sub-Contractor AOT Public Safety Corporation, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.


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PURPOSE To review, in accordance with the Alcoholic Beverage Ordinance, the attached summary of the Show Cause Hearing conducted on November 7, 2013, by the Cobb County License Review Board for Alfonse Murungaru.

BACKGROUND The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct a Show Cause Hearing to suspend or revoke an alcohol permit for due cause. The Ordinance also provides for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On November 7, 2013, the License Review Board conducted a Show Cause hearing for Alfonse Murungaru in regard to the sale/furnishing of alcoholic beverages to an underage person by Mr. Murungaru on July 25, 2013 while working at BP Wade Green, 4225 Wade Green Rd., Kennesaw, GA 30144. After conducting the Show Cause Hearing and considering all evidence and testimony presented, and the online questionnaire, the License Review Board recommended a 45-day suspension of Mr. Murungaru’s alcohol permit.

FUNDING N/A

RECOMMENDATION

The Board of Commissioners review the summary of the Show Cause Hearing of November 7,

Comm. Dist. 3


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2013, for Mr. Murungaru, and affirm the decision of the License Review Board.

ATTACHMENTSSummary of November 7, 2013 Show Cause hearing

License Review Board Questionnaire


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Summary of Show Cause Hearing before the Cobb County License Review Board for Alfonse Murungaru, Alcohol Permit, employed at Helios Prime, Inc.,

doing business as, BP Wade Green , located at 4225 Wade Green Rd., Kennesaw, GA 30144. On November 7, 2013, the hearing was conducted in

the Bid Room, 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. Agent Jeremy May with the Georgia Department of Revenue stated that he entered the store after the purchase of a twenty-four ounce Miller Light was made by an underage male and notified Mr. Murungaru that alcohol had been sold to an underage person and a citation was issued. Agent Loren Smith with the Georgia Department of Revenue stated that on July 25, 2013 she and Agent Jeremy May conducted a compliance check with an underage male at BP Wade Green. Agent Smith stated that she witnessed the underage male purchase a twenty-four ounce Miller Light from Mr. Murungaru. Agent Smith stated that Mr. Murungaru did ask for identification from the underage male and the underage male told Mr. Murungaru that he did not have any identification with him. Agent Smith stated that Mr. Murungaru then sold the Miller Light to the underage male. Agent Smith stated that after the beer was purchased she and the underage male left the store and Agent May entered the store to issue the citation. Mr. Murungaru stated that he was interrupted to close the lottery cabinet door in the middle of the transaction and he thought he had had already asked for identification from the underage male. Mr. Murungaru stated that he is going to school and working and the day of the offense was a long day and he made a mistake. Mr. Murungaru stated that the computer has a “pop-up” that reminds you to check identification. Mr. Murungaru stated that he doesn’t know what happened that day. Mr. Munungaru stated that he asked the underage male for his identification and stepped away to lock the lottery door and when he came back the underage male had his wallet lying on the counter and he thought that he had already checked his identification. Mr. Murungaru admitted that he sold the beer to the underage male. Mr. Murungaru stated that he is still employed at the store. Mr. Murungaru stated that this is his first real job. Mr. Amine Mazeh, store owner and licensee, stated that he was not present at the time of the offense. Mr. Mazeh stated that BP has a two week shadow training procedure and that Mr. Murungaru completed the training. Mr. Mazeh stated that usually an underage sale results in termination but he reviewed the tape and didn’t think that Mr. Murungaru’s incident was worthy of termination. Mr. Mazeh stated that Mr. Murungaru is a straight A student and he is a good kid. Mr. Murungaru stated that he went to court for the citation and paid a fine. During the hearing it was revealed that Mr. Murungaru was cited on May 21, 2013 by the Cobb County Police Department for not possessing a valid work permit while

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Alfonse Murungaru Summary of Appeal Hearing, November 7, 2013 working in a convenience store. Sgt. Smith stated that Mr. Murungaru applied for his alcohol permit on May 23, 2013. Mr. Murungaru stated that he had only been working at the store for one day when he was cited for not having a permit. Mr. Murungaru stated that he pled guilty and paid a fine for the citation. Mr. Murungaru stated that he graduates from college in the fall of 2014 as a security major and he doesn’t want to do anything to jeopardize his security clearance. After considering all evidence and testimony presented and the online questionnaire, pursuant to a motion by Judy Skeel and a second by Milton Beck, the License Review Board recommended a 45-DAY SUSPENSION of the alcohol permit for Alfonse Murungaru. The License Review Board voted 3-1; Jim Pehrson opposed. Eddie Canon was not present for the hearing.

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Yes

Furnishing Alcohol to A Minor

1. Are you still working with the business for which you have a permit?

2. What was the violation(s)?

3. Were there more than one violation?

4. Did you check for ID?

5. What explanation do you have regarding the violation?

No

No

I had only been working at this Location for a month and still trying to get into the habit of asking for I.D. It was a very busy day and i was hurrying to get the line going and in the process i messed up. It is a very honest mistake and one i do not intend on letting happen again.

6. Was the compliance check in regard to a complaint?

No

7. How long have you worked at the business?

4 months

8. Have you worked at any other location that sold alcoholic beverages?

No

9. If so where and how long?

n/a

10. Have you had any other violations at this location or other locations where alcohol was sold?

Permit Holder: MURUNGARU, ALFONSE KANANU

FACTORS TO CONSIDER IN A SHOW CAUSE HEARING REGARDING ANALCOHOL PERMIT DUE TO A SALE OF ALCOHOL TO AN UNDERAGE PERSON

QUESTIONS FOR THE WORK PERMIT HOLDER

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

COBB COUNTY BUSINESS LICENSE

Cobb County License Review Board

Division Manager

Paul FosterBusiness License

Permit Number: 133411

PAGE: 1 11/15/2013 10:20:54 AM133411

SCHR_ALCH_ WKPER_UUSALE

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No

11. Where do you place the blame for the violation?

No

12. Did you receive written procedures regarding the sale of alcohol at this business prior to the violation(s)?

13. Did you received written procedures after the voilation?

Yes

Yes

14. How are the employees held accountable to follow the policies and procedures of the business?

We are trained to always ask I.D for everyone who buys alcoholic beverages or tobacco products.

15. Were there consequences for you or your manager(s) for violations of policies and procedures?

Yes

16. If there were consequences, what were they?

I had to be retrained again and removed from the register for a week during my training.

17. Were there consequences for you and your manager(s) for violations of law/ordinances?

Yes

18. If so, what were they?

I was fined by the court and paid my fine after attending a hearing on October 3rd

19. How and when were these consequences communicated to you?

I received a letter from the court and attended the hearing on October 3rd.

20. Were you trained prior to the violation?

Yes

21. Were you trained or retrained after the violation?

Yes

22. Is there any reoccurring training?

Yes

23. How many employees work at this location?

7

24. Have you passed or failed a secret shopper program?

No

PAGE: 2 11/15/2013 10:20:54 AM133411


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25. If you passed a secret shopper program when?

NA

26. If you passed a secret shopper program where were you working?

NA

27. Are you familiar with the Georgia Drivers License and what is on the Georgia Driver’s license to assist in determining whether or not to provide alcohol?

Yes

28. Were you trained regarding what is on a Georgia Drivers License?

yes

29. What do you look for on the identification prior to the sale of alcohol?

The Under 21 sign, Vertical I.D.s, I.D.s with a red square around them

30. When do you ask for identification prior to an alcohol sale (i.e.- never, if look under 21, if look under 25, if look under 30, if look under 40, if have gray hair, everyone)?

I card every signle person regardless of how old they appear to my eye.

31. What type of identification do you accept prior to the sale of alcohol?

Ga Drivers License, I.D , or a US passport.

No

32. Does the business where you are employed have a point of sale system (i.e.- cash register) that prompts for identification of date of birth prior to the sale of alcohol?

NA

33. If the business has a point of sale business is there an override feature?

34. Has there been a discussion between you and management or the owner/licensee regarding the violation?

Yes

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

Since the violation i have carded every single person who buys an alcoholic beverage. Secondly a second violation would completely jeopardize my future career and i`m pretty sure it has been jeopardize with this one violation. I am currently in college and i sure a second violation would not look good at all to my future employers. So the stakes are high for me. I do not intend in any way to repeat that mistake EVER again.

36. Do you take responsibility for any violations that the employee committed?

Yes

37. Does the cash register or point of sale system track alcohol sales?

No

38. Does the cash register or point of sale system track alcohol sales at what time they were sold?

PAGE: 3 11/15/2013 10:20:54 AM133411


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No

39. Does the cash register or point of sale system track alcohol sales by whom they were sold?

No

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

No

41. Does the cash register or point of sale system track alcohol sales if the DOB was entered in the system prior to the sale of alcohol?

No

PAGE: 4 11/15/2013 10:20:54 AM133411


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PURPOSE To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the Show Cause Hearing conducted on November 7, 2013, by the License Review Board for PDS, LLC, doing business as, BP Gas Station, 575 Barrett Pkwy., Kennesaw, Georgia 30144, Steve Kwon, licensee.

BACKGROUND On December 16, 1997, the Alcoholic Beverage Ordinance was amended to authorize the License Review Board to conduct a Show Cause Hearing to suspend or recommend to the Cobb County Board of Commissioners suspension or revocation of an Alcoholic Beverage License for due cause. The amendment also provided for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On November 7, 2013, the License Review Board conducted a Show Cause Hearing for PDS, LLC, doing business as, BP Gas Station, Steve Kwon, licensee, in regard to selling/furnishing an alcoholic beverage to an underage person by an employee of BP Gas Station, on July 25, 2013. After conducting the Show Cause Hearing and considering all evidence and testimony presented, and the online questionnaire, the License Review Board recommended a 60-day suspension of the beer, wine, and Sunday sales package license for PDS, LLC, doing business as, BP Gas Station, Steve Kwon, licensee.

FUNDING

N/A

Comm. Dist.

1


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RECOMMENDATION The Board of Commissioners review the summary of the Show Cause Hearing of November 7, 2013 and affirm the decision of the License Review Board to recommend a 60-day suspension of the beer, wine, and, Sunday sales package license for PDS, LLC, doing business as, BP Gas Station.




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Summary of Show Cause Hearing before the Cobb County License Review Board for PDS, LLC, doing business as, BP Gas Station, located at 575 Barrett Pkwy., Kennesaw, Georgia 30144, Steve Kwon, licensee. On November 7, 2013, the

hearing was conducted in the Bid Room, 1772 County Services Parkway, Marietta, Georgia 30008.

License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Agent Loren Smith with the Georgia Department of Revenue stated that on July 25, 2013 she and Agent Jeremy May conducted a compliance check with an underage male at BP Gas Station. Agent Smith stated that she witnessed the underage male purchase a twenty-four ounce Bud Light beer from a clerk later identified as Theodros Worku. Agent Smith stated that Mr. Worku did not ask for identification from the underage male. Agent Smith stated that Mr. Worku was more interested in her and her purchase at the register next to Mr. Worku. Agent Smith stated that after the beer was purchased she and the underage male left the store and Agent May later entered the store and issued a citation. Agent Smith identified Mr. Worku during the hearing. Agent Jeremy May with the Georgia Department of Revenue stated that he entered the store after the purchase was made and notified Mr. Worku that he sold alcohol to an underage person and a citation was issued. Agent May stated that the compliance check was a random compliance check of the geographical area and it was not the result of a complaint. Steve Kwon, licensee and owner of PDS, LLC, doing business as, BP Gas Station stated that he has been the licensee of this store since 2008 and he also has a store in Vinings where he has been the licensee since 2007. Mr. Kwon admitted that this store had a violation in 2009 and received a thirty day suspension. Mr. Kwon stated that he has many years of experience in the convenience store business. He also stated that his dad owned convenience stores and he was raised in convenience stores. Mr. Kwon stated that there are policies and procedures in place at the store. Mr. Kwon stated that he is 43 years old and he has never personally had a violation. Mr. Kwon stated that the cash register does prompt employees to enter a date of birth when an alcohol purchase is being made but the requirement for the date of birth to be entered was inactive. Mr. Kwon stated that the employee that made the sale was a middle age man with a lot of experience in convenience stores. Mr. Kwon stated that all employees are required to take sixteen hours of training and a shadowing program. Mr. Kwon also stated that there is a comprehensive employee manual in place and that the manual has been updated to target alcohol sales. Mr. Kwon stated the policy has been updated to require anyone who appears to be under the age of forty to provide identification when purchasing alcohol. Mr. Kwon also stated that he has implemented a secret shopper program and when an employee passes a secret shopper compliance check they are rewarded twenty-five dollars. Mr. Worku stated that he has gone over the policies and procedures with all employees and all employees are required to sign acknowledging that they understand the policies and procedures. Mr. Kwon stated that the consequences of underage alcohol sales can be tragic and are most important.

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PDS, LLC, doing business as, BP Gas Station, Summary of Appeal Hearing, November 7, 2013 Mr. Kwon stated that Mr. Worku has been terminated since the offense. Mr. Kwon stated that he doesn’t generally hire employees that don’t have experience with alcohol. Parks Huff, attorney for PDS, LLC, doing business as, BP Gas Station stated that Mr. Kwon did hire a middle age man who was distracted and this was a mistake that could have been tragic and Mr. Worku was simply not doing his job. Mr. Huff stated that new policies and procedures have been implemented and he hopes the twenty-five dollar reward system will give staff incentive to pay close attention and check identification properly. After considering all evidence and testimony presented and the online questionnaire, pursuant to a motion by Larry Walker, and a second by Milton Beck, the License Review Board recommended a 60-DAY SUSPENSION of the beer, wine, and Sunday sales package licenses for PDS, LLC, doing business as, BP Gas Station. The License Review Board voted 4-0 in favor of this motion. Eddie Canon was not present for the hearing.

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Sale of alcoholic beverage to an underaged person by a store employee during a random compliance check by the Georgia Department of Revenue.

No




4. Did all employees have work permits at the time of the compliance check?

5. How long have you, the licensee, operated the business?

No

Yes

Since September 2008

6. Have there been previous violations at this location or other locations where you were the licensee?

Yes

7. If so, how many, where, and when?

The licensee owns two convenience stores. One on Highway 41 in Vinings and the subject store on Barrett Parkway. The Vinings location has never received a violation. The Barrett Parkway location received a violation for failing an underaged compliance check for the sale of alcohol over 4 years ago in 2009.

8. What were the sanctions?

One month suspension of alcohol license.

9. Are you remorseful regarding the violation(s) or was it an employee or someone else`s fault?

Licensee: STEVE YOUSEOK KWON

FACTORS TO CONSIDER IN SHOW CAUSE HEARING REGARDING THE LICENSE DUE TO A SALE OF ALCOHOL TO AN UNDERAGE PERSON

QUESTIONS FOR THE LICENSEE

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



Division Manager

License Number: 900083

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SCHR_ALCH_ LICENSEE_UUSALE

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It is unacceptable to for any employee to fail the most basic job requirement to properly Id customers buying alcohol. The sale of alcohol is the employees most important responsibility and the Licensee and Owner takes full responsibility for its employees failure. If the sale was not part of a compliance check, the result could have been tragic.

10. Were there written procedures in place prior to the violations or after?

Yes.


All employees are required to review and execute the RASS (responsible alcohol sales and service) guidelines of the station, which prohibits the sale of alcohol to underaged persons. The store policy includes procedures to make sure store employees properly ID customers.

12. What are the consequences for the employee and managers for violations of policies and procedures?

13. What are the consequences for the employee and managers for violations of law/ordinances?

Termination of the employee.

Termination of the employee and probation for the manager

14. How are the consequences communicated to the employee?

Verbally and in writing.

15. When are the consequences communicated to the employee?

Upon hiring and at staff meetings

16. Was there training of employees prior to the violation?

Yes

17. Was there training of employees after the violation?

Yes

18. Was there any retraining of employees after the violation?

Yes

19. Will there be any reoccurring training of employees?

Yes

20. How may employees work at this location?

8-12 depending on season.

21. How many locations are you the licensee?

2

22. What experience do you the owner/licensee have in the sale of alcohol?

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30 plus years of working in convenience store retail sales.

23. Do you the owner/licensee have a secret shopper program in place?

Yes

24. What has been the results of the program?

The employees asked for ID from all customers who purchased alcohol.

25. Are you the owner/licensee, managers, and employees familiar with the Georgia Drivers License?

Yes


Underaged ID`s are either held vertically or older ones have a red stripe. Both types clearly state under 21.

27. Do you the owner/licensee have a point of sale system (i.e. - cash register) which prompts for identification prior to the sale of alcohol?

Yes

28. Is there an override feature?

No

29. If there is an override feature, who can override the system?

NA

30. What is your policy on when to check ID prior to the sale of alcohol?

1. Employee asks for ID whenever a customer looks under 40. 2. Examine the ID to determine that it appears to be a valid, unaltered identification that has not been defaced. 3. Examine the photograph in the ID and determine that the person reasonably appears to be the same person in the ID.4. Enter the DOB into the POS system.

31. What type of business is being operated at this location?

Convenience store with gasoline sales.

No

32. Is the type of business being operated at this location different from the type of business that was approved to operate in the original application?

33. Are there cameras in the establishment?

12

Yes

34. If so, how many?

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35. How often are they reviewed?

Daily

36. Why are they reviewed?

To confirm that the employees are conducting there tasks, including enforcing the RASS policies of the station.

37. How long is the video maintained?

7 Days

38. Has the video been reviewed regarding the violation(s)?

Yes

39. If so, by whom?

By Menna Geday the station manager.

40. What was determined from the video?

That Theodrus Worku sold an alcoholic beverage to an underage customer without verifying ID.

41. Have you discussed with the employee that committed the violation what occurred when he/she committed the violation?

Yes

42. What explanation did the employee have regarding the violation?

Theodrus said he did not verify the age with the photo ID because he was distracted by another customer who happened to be an undercover agent.

43. What has been the consequence to the employee for the violation?

Immediate Suspension for 30 days and re-training by completing a RASS workshop. Subsequently, the employee was terminated.

44. What assurance can you provide the LRB that you the owner/licensee and your employees will not sell/provide alcohol in violation of State or County Law again.

Our policy is for all employees to check the photo ID of every customer that purchases alcoholic beverages who appears under the age of 40. Without a valid ID that can be verified for appropriate age, the sale will not occur.

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

All employees have been trained in RASS policies.

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

Yes


Yes

48. Does the cash register or point of sale system track when they were sold?

Yes

49. Does the cash register or point of sale system track by whom they were sold?

Yes

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

Yes

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

Yes

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PURPOSE To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on November 7, 2013, by the License Review Board for Helios Prime, Inc., doing business as, BP Wade Green, 4225 Wade Green Rd., Kennesaw, GA 30144, Amine Mazeh, licensee.

BACKGROUND On December 16, 1997, the Alcoholic Beverage Ordinance was amended to authorize the License Review Board to conduct a Show Cause Hearing to suspend or recommend to the Cobb County Board of Commissioners suspension or revocation of an Alcoholic Beverage License for due cause. The amendment also provided for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On November 7, 2013, the License Review Board conducted a Show Cause Hearing for Helios Prime, Inc., doing business as, BP Wade Green, Amine Mazeh, licensee, in regard to selling/furnishing an alcoholic beverage to an underage person by an employee of BP Wade Green, on July 25, 2013. After conducting the Show Cause Hearing and considering all evidence and testimony presented, and the online questionnaire, the License Review Board recommended a 14-day suspension of the liquor, beer, wine, and Sunday sales package license for Helios Prime, Inc., doing business as, BP Wade Green, Amine Mazeh, licensee.

FUNDING

N/A

Comm. Dist.

3


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RECOMMENDATION The Board of Commissioners review the summary of the Show Cause Hearing of November 7, 2013, for Mr. Murungaru, and affirm the decision of the License Review Board.




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Summary of Show Cause Hearing before the Cobb County License Review Board for Helios Prime, Inc., doing business as, BP Wade Green, located at located at 4225 Wade Green Rd., Kennesaw, GA 30144, Amine Mazeh, licensee. On November 7, 2013, the hearing was conducted in the Bid Room, 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. Mr. Amine Mazeh, owner and licensee of Helios Prime, Inc., doing business as BP Wade Green, stipulates that the sale of alcohol to an underage person occurred on July 25, 2013 as stated in the hearing for Alfonse Murungaru. Mr. Mazeh asked Agent May if the underage operatives are paid and Agent May replied “yes”. He asked Agent May if he was 100% positive that the underage male did not have identification on him. Agent May replied “yes”. Agent May explained that it is the Department of Revenue’s policy to take the underage operative’s identification away from them during compliance checks. Agent May further explained that any time an underage operative is asked for their birth date or age they are told to be truthful. Mr. Mazeh stated that he has been the licensee of this store for five years and has never had a violation. Mr. Mazeh stated that there are policies and procedures in place and he has reviewed them and did not find that anything needed to be changed. Mr. Mazeh stated that Mr. Murungaru was suspended for two weeks as a result of the violation. Mr. Mazeh also stated that he has a secret shopper program in place. Mr. Mazeh stated that when the violation occurred Mr. Mazeh contacted him immediately and he came to the store. Mr. Mazeh stated that he lives less than a mile from the store. Mr. Mazeh stated that most of his employees are middle age except for Mr. Murungaru and one other employee that is Mr. Murungaru’s friend. After considering all evidence and testimony presented and the online questionnaire, pursuant to a motion by Milton Beck and a second by Larry Walker, the License Review Board recommended a 14-DAY SUSPENSION of the beer, wine, and Sunday sales package license for Helios Prime, Inc., doing business as, BP Wade Green. The License Review Board voted 3-1; Jim Pehrson opposed. Eddie Canon was not present for the hearing.

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Sale of Alcohol to a minor.

No






No

Yes

5 Years


No


NA


NA


I am remorseful that this violation happened. The employee who committed the violation is also remorseful.


There were written procedures in place prior and after the violation.

Licensee: AMINE MAZEH






Division Manager

License Number: 901204

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Every hired employee goes into a training program to teach them about our rules and guidelines. I personally go through the alcohol and tobacco guidelines with them to make sure they fully understand the rules and implications of a violation.



In the last 5 years, we have not had any violation. In this situation, the employee was written up, put into probation, and gone through more training.

A Write up, a suspension, and a termination are the consequences.


Verbally and on paper.


At the beginning of employment, monthly, and at the time of violation.


Yes


Yes


Yes


Yes


10


1


I have 5 years experience in Cobb county as a licensee.


Yes


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Great. Every employee checked the mystery shopper for a valid id.


Yes


The date of birth, and a red notice on the id of anyone under 21.


Yes


No


NA


The policy is to ask for ID before scanning any items.


Convenience store.

No



20

Yes



Daily.


We review the cameras to make sure the employees are doing their duties.


2 weeks

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YES

39. If so, by whom?

Myself, the licensee.


It was determined that Alfonce had asked the customer for a valid id, but had gone through the sale when the customer failed to provide any id.


Yes


Alfonce stated that he did request for a valid id. While he was waiting for the id to be shown, he was ringing up the customer to complete the transaction, but did NOT release the alcohol to the customer.


The employee was given a 1 week suspension, and a write-up.


The employees and myself have gone through reviews of the state and local alcohol regulations.


I have documents signed by the employee stating that he has gone through training and reviews of our Alcohol rules & regulations.


Yes


Yes


Yes

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Yes


Yes


Yes

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PURPOSE To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on November 7, 2013, by the License Review Board for Closer Line USA, LLC, doing business as, Crown Bottle Shop, 741 Townpark Ln., Kennesaw, GA 30144, Freddy R. Marquez, licensee.

BACKGROUND On December 16, 1997, the Alcoholic Beverage Ordinance was amended to authorize the License Review Board to conduct a Show Cause Hearing to suspend or recommend to the Cobb County Board of Commissioners suspension or revocation of an Alcoholic Beverage License for due cause. The amendment also provided for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On November 7, 2013, the License Review Board conducted a Show Cause Hearing for Closer Line USA, LLC, doing business as, Crown Bottle Shop, Freddy R. Marquez, licensee, in regard to selling/furnishing an alcoholic beverage to an underage person by an employee of Crown Bottle Shop, on July 25, 2013. After conducting the Show Cause Hearing and considering all evidence and testimony presented, and the online questionnaire, the License Review Board recommended a 3-day (Sunday thru Tuesday) suspension of the liquor, beer, wine, and Sunday sales package license for Closer Line USA, LLC, doing business as, Crown Bottle Shop, Freddy R. Marquez, licensee.

FUNDING

N/A

Comm. Dist.

3


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RECOMMENDATION The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the Show Cause Hearing of November 7, 2013 for Closer Line USA, LLC, doing business as, Crown Bottle Shop.




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Summary of Show Cause Hearing before the Cobb County License Review Board for Closer Line USA, LLC, doing business as, Crown Bottle Shop, located at located at

741 Townpark Ln., Kennesaw, GA 30144, Freddy R. Marquez, licensee. On November 7, 2013, the hearing was conducted in the Bid Room, 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. Albert Bolet, attorney for Closer Line USA, LLC, doing business as, Crown Bottle Shop stipulates that the sale of alcohol to an underage person occurred on July 25, 2013 as stated in the hearing for Nubia Moreno-Hernandez. Mr. Bolet urged the License Review Board to consider probation for Crown Bottle Shop due to the circumstances and because this was the first offense. Mr. Bolet asked the License Review Board to have mercy on Crown Bottle Shop. After considering all evidence and testimony presented and the online questionnaire, pursuant to a motion by Judy Skeel and a second by Jim Pehrson, the License Review Board recommended a 3-DAY (SUNDAY THRU TUESDAY) SUSPENSION of the liquor, beer, wine, and Sunday sales package licenses for Closer Line USA, LLC, doing business as, Crown Bottle Shop. The License Review Board voted 4-0 in favor of this motion.

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Underage sale.

No






No

Yes

Since January of 2013


No


NA


NA


Yes. We are remorseful and accept full responsibility for the incident.


Licensee: FREDDY R MARQUEZ CAMPOS






Division Manager

License Number: ALC000277

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We had written procedures in place prior to the incident that included posters and reminders on the POS system to check identification of purchasers. After the incident, we obtained the assistance of a professional trainer and all employees underwent additional training and earned certificates. All employees signed the alcohol policy and procedures form and all have successfully participated in the secret shopper testing program.


They are all acutely aware of the importance of verifying the government-issued photo identification of each purchaser of alcohol. They recognize that they may be subject to disciplinary action including termination from employment.



Employees are subject to discipline and may be terminated from employment.

They may be subject to criminal prosecution, fines, and termination from employment.


Written policy.


Employees must sign policy.


Yes


Yes


Yes


Yes


Four


One


None prior to opening the business.


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Yes


All employees have successfully passed testing.


Yes


Individual`s date of birth, photograph, hologram, raised writings, and certain colors


Yes


No


NA


Employees are required to check every purchaser for valid government issued photo identification document.


Package store.

No



Twelve

Yes



Every 48 hours unless circumstances dictate otherwise


Suspected shoplifting or other incidents which may require review.

PAGE: 3 11/15/2013 10:12:33 AMALC000277


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30 days or longer if necessary


Yes.

39. If so, by whom?

Employee and licensee


Prior to viewing the video, employee could not believe that she had failure to verify the purchaser`s identification.


Yes


We offer no excuse for the failing to check identification. We ask the Board to consider the following: The employee is the licensee`s wife. At the time of the sale, she was distracted by the medical situation of her daughter who has an inoperable brain tumor. The daughter had been to an urgent care facility for treatment of an infection and was prescribed new medication. Employee was concerned that the new medication would impair her daughter`s current medications or trigger an adverse reaction. On previous occasions, new medications had caused adverse reactions including seizures which could result in her death. Employee had just been on the phone with her daughter`s doctors and her daughter. Her son, another employee, could not help because he had to leave to take a final exam at Kennesaw State University.


She is being criminally prosecuted for the underage sale.


All employees have undergone additional training. All employees have signed off on the alcohol sale policy. All employees have successfully been tested by the secret shopper program. All employees understand the importance of checking government-issued photo identification for every sale of alcohol.


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The Training Institute for Responsible Vendors, Inc. has trained and tested all employees. Each employee earned a certificate from that organization. Each employee was retrained on the alcohol policy. Each employee has successfully completed the secret shopper program. At the time of the sale at issue, the beer to be purchased was a new inventory item and the POS system did not recognize it as alcohol and thus did not prompt the employee to check id. That problem has been remedied and all alcohol products now have that prompt.


Yes


Yes


Yes


Yes


No


No

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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 November 7, 2013 by the License Review Board for Marla LaFountain.

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 November 7, 2013, the License Review Board conducted an appeal hearing for Marla LaFountain 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. LaFountian.

FUNDING N/A

RECOMMENDATION The Board of Commissioners review the summary of the Appeal Hearing of November 7, 2013 for Marla LaFountain, and affirm the decision of the License Review Board.

ATTACHMENTSSummary November 7, 2013 Appeal Hearing

Online License Review Board Questionnaire

Comm. Dist. 4


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Summary of Appeal Hearing before the Cobb County License Review Board for Marla LaFountain, Alcohol Permit while currently working at Save N Go,

located at 2097 Austell Rd., Marietta, Georgia 30008. On November 7, 2013 the hearing was conducted in the Bid Room, located at 1772 County Services

Parkway, Marietta, Georgia 30008.

License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sgt. Bonnie Smith with the Cobb County Police Department’s Regulatory Services and Permits Unit testified that Marla LaFountain truthfully indicated on the alcohol permit application that she was convicted of four counts of Felony Forgery in 2010. Ms. LaFountain stated that she was pulled over by the police and gave a false name and signed a false name on citations. Ms. LaFountain stated that she had relapsed from drugs and wasn’t thinking clearly at the time. Ms. LaFountain stated that she served time in custody and is currently on probation. Ms. LaFountain clarified that she used her best friend’s name rather than her own when she was pulled over. Ms. Lafountain explained that she has been with the company for a while working at their Smyrna store where she has an alcohol permit and she has been transferred to the store on Austell Rd. Ms. LaFountain stated that she is no longer on drugs. Ms. LaFountain provided the License Review Board a copy of a letter from her probation officer, Denise Brown, stating that serving alcohol is not a violation of her probation. Ms. LaFountain stated that Save N Go’s policy is to check the identification of anyone purchasing alcoholic beverages. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Larry Walker and a second by Jim Pehrson the License Review Board recommended approval of the alcohol permit for Marla LaFountain. Vote 4-0 for approval of the alcohol work permit. Eddie Canon was not present for the hearing.

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3 cts of forery

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?

10 years probation

no

paulding county, with my mother

6. How long has it been since the arrest?

4and a half years

7. How long has it been since the conviction?

2years

8. Where do you work?

shell food mart and save n go

9. Is it a bar? Nightclub? Restaurant?

convenient store

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

manager

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

Work Permit Applicant: LAFOUNTAIN, MARLA LYNN


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

QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT




Division Manager

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APHR_ALCH_WKPERMIT_DENIAL

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must be 18

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

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

I train the employees

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 change everything except my address

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

family, friends

16. Are you going to school?

Yes

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

12

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

I take my job and freedom seriously, and it is not worth selling to minors

19. Why should the LRB grant the permit?

This is my source of income

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

I have a permit for city of Smyrna that i have had for over a year.

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

I have worked really hard on changing my life and lifestyle.

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APHR_ALCH_WKPERMIT_DENIAL

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PURPOSE To review, in accordance with the Alcoholic Beverage Ordinance, the attached summary of the Show Cause Hearing conducted on November 7, 2013, by the Cobb County License Review Board for Nubia Moreno-Hernandez.

BACKGROUND The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct a Show Cause Hearing to suspend or revoke an alcohol permit for due cause. The Ordinance also provides for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On November 7, 2013, the License Review Board conducted a Show Cause hearing for Nubia Moreno-Hernandez in regard to the sale/furnishing of alcoholic beverages to an underage person by Ms. Moreno-Hernandez on July 25, 2013 while working at Crown Bottle Shop, 741 Townpark Ln., Kennesaw, GA 30144. After conducting the Show Cause Hearing and considering all evidence and testimony presented, and the online questionnaire, the License Review Board recommended a 7-day suspension of Ms. Moreno-Hernandez’s alcohol permit.

FUNDING N/A

RECOMMENDATION

The Board of Commissioners review the summary of the Show Cause Hearing of November 7,

Comm. Dist. 3


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2013, for Ms. Moreno-Hernandez, and affirm the decision of the License Review Board.




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Summary of Show Cause Hearing before the Cobb County License Review Board for Nubia Moreno-Hernandez, Alcohol Permit, employed at Closer Line USA, LLC, doing business as, Crown Bottle Shop , located at 741 Townpark

Ln., Kennesaw, GA 30144. On November 7, 2013, the hearing was conducted in the Bid Room, 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. Albert Bolet, attorney for Closer Line USA, LLC, doing business as, Crown Bottle Shop explained to the License Review Board that he was present at the hearing without his clients because they had prior plans to go to California for their twenty-fifth wedding anniversary to visit Ms. Moreno-Hernandez’s brother and her elder parents who were visiting from Venezuela. Mr. Bolet stated that it was a “gut wrenching” decision for them to make as they take their business very seriously. There was discussion between Mr. Bolet and Bob Beard, county attorney, regarding whether to proceed with the hearing without Mr. Bolet’s clients present or to continue the hearing. The attorneys and the License Review Board agreed to go forward with the hearing. Mr. Bolet stated that testimony was binding on his clients. Agent Jeremy May with the Georgia Department of Revenue stated that he entered the store after the purchase was made and notified Ms. Moreno-Hernandez and Freddy Marquez, Ms. Moreno-Hernandez’s spouse, and owner and licensee of Crown Bottle Shop, that alcohol had been sold to an underage person and a citation was issued. Agent Loren Smith with the Georgia Department of Revenue stated that on July 25, 2013 she and Agent Jeremy May conducted a compliance check with an underage male at Crown Bottle Shop. Agent Smith stated that she witnessed the underage male purchase a six-pack of Bud Light beer from Ms. Moreno-Hernandez. Agent Smith stated that Moreno-Hernandez did not ask for identification from the underage male. Agent Smith stated that after the beer was purchased she and the underage male left the store and Agent May entered the store to issue the citation. Mr. Bolet stated that Ms. Moreno-Hernandez herself did not believe that she had sold alcohol to an underage person until she viewed the tape at the store, and she was more shocked that she did not ask for identification. Mr. Bolet provided the License Review Board with pictures of the store. Mr. Bolet explained that Crown Bottle Shop is a family owned and operated business. Mr. Bolet stated that since the violation they have gone back through training with the Training Institute for Responsible Vendors. Mr. Bolet explained that Ms. Moreno-Hernandez is still employed at Crown Bottle Shop as she is the owner’s wife. Mr. Bolet explained that on the day of the violation Ms. Moreno-Hernandez was distracted by her daughter’s medical condition. Mr. Bolet explained that Ms. Moreno-Hernandez and Mr. Marquez have a nineteen year old daughter with a brain tumor and she was sick that day from medication. Mr. Bolet provided the License Review Board with a medical letter regarding their daughter’s medical condition. Mr. Bolet stated that this is Crown Bottle

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Nubia Moreno-Hernandez Summary of Appeal Hearing, November 7, 2013 Shop’s first offense and it was truly a mistake. Mr. Bolet stated that since the violation a secret shopper program has been implemented. In closing Mr. Bolet urged the License Review Board to consider probation for Ms. Moreno-Hernandez’s permit due to the circumstances and because this was her first offense. Mr. Bolet asked the License Review Board to have mercy on Ms. Moreno-Hernandez. After considering all evidence and testimony presented and the online questionnaire, pursuant to a motion by Jim Pehrson and a second by Larry Walker, the License Review Board recommended a 7-DAY SUSPENSION of the alcohol permit for Nubia Moreno-Hernandez. The License Review Board voted 4-0. Eddie Canon was not present for the hearing.

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Yes

Sale to a minor.

1. Are you still working with the business for which you have a permit?



4. Did you check for ID?

5. What explanation do you have regarding the violation?

No

No

We offer no excuse for failing to check identification. Factors that we request the Board consider: Employee is licensee`s wife. At the time of the sale, she was distracted by the medical situation of her daughter who has an inoperable brain tumor. The daughter had been to an urgent care facility for treatment of an illness and was taking new medications. Employee was concerned that new medications would impair her daughter`s current medications or trigger an adverse reaction. She had just been on the phone with her daughter`s doctors and her daughter. Her son, another employee, could not help because he had to leave to take a final exam at Kennesaw State University.


No

7. How long have you worked at the business?

March of 2013 to the present

8. Have you worked at any other location that sold alcoholic beverages?

No

9. If so where and how long?

Permit Holder: MORENOHERNANDEZ, NUBIA AMPARO

FACTORS TO CONSIDER IN A SHOW CAUSE HEARING REGARDING ANALCOHOL PERMIT DUE TO A SALE OF ALCOHOL TO AN UNDERAGE PERSON

QUESTIONS FOR THE WORK PERMIT HOLDER

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

COBB COUNTY BUSINESS LICENSE


Division Manager



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Not applicable

10. Have you had any other violations at this location or other locations where alcohol was sold?

No

11. Where do you place the blame for the violation?

Yes

12. Did you receive written procedures regarding the sale of alcohol at this business prior to the violation(s)?

13. Did you received written procedures after the voilation?

Yes

Yes


They must sign an acknowledgement of the alcohol policy and are subject to discipline for failing to follow proper policies and procedures, including possible termination.

15. Were there consequences for you or your manager(s) for violations of policies and procedures?

Yes

16. If there were consequences, what were they?

All employees were required to undergo alcohol sales training. Each employee was required to earn a certificate from a professional trainer. I am being prosecuted by Cobb County. The business was fined by the State.

17. Were there consequences for you and your manager(s) for violations of law/ordinances?

Yes

18. If so, what were they?

Costs of additional training to the business, additional time spent on extra training, mandatory participation in the secret shopper program.

19. How and when were these consequences communicated to you?

By my husband, the business owner. as soon as this plan was developed.

20. Were you trained prior to the violation?

Yes

21. Were you trained or retrained after the violation?

Yes

22. Is there any reoccurring training?

Yes

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23. How many employees work at this location?

Four including me

24. Have you passed or failed a secret shopper program?

Yes

25. If you passed a secret shopper program when?

Recently--after the incident.

26. If you passed a secret shopper program where were you working?

On the cash register in the store.

27. Are you familiar with the Georgia Drivers License and what is on the Georgia Driver’s license to assist in determining whether or not to provide alcohol?

Yes

28. Were you trained regarding what is on a Georgia Drivers License?

Yes.

29. What do you look for on the identification prior to the sale of alcohol?

Individual`s date of birth on government-issued photo identification. Actual appearance and genuineness of that identification and the features on the identification including the hologram, raised features, and color.

30. When do you ask for identification prior to an alcohol sale (i.e.- never, if look under 21, if look under 25, if look under 30, if look under 40, if have gray hair, everyone)?

We ask everyone fora government issued photo identification document that is current.

31. What type of identification do you accept prior to the sale of alcohol?

A valid government-issued photo identification that is current.

Yes

32. Does the business where you are employed have a point of sale system (i.e.- cash register) that prompts for identification of date of birth prior to the sale of alcohol?

No

33. If the business has a point of sale business is there an override feature?

34. Has there been a discussion between you and management or the owner/licensee regarding the violation?

Yes

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

All employees including myself were retrained and took a course in alcohol sales from a professional trainer. We each earned certificates of completion. Since the course, secret shoppers have tested us in real world situations and we have all passed. Every employee is acutely aware of the importance of verifying purchasers` information on every sale of alcohol.

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36. Do you take responsibility for any violations that the employee committed?

Yes


Yes

38. Does the cash register or point of sale system track alcohol sales at what time they were sold?

Yes

39. Does the cash register or point of sale system track alcohol sales by whom they were sold?

Yes

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

No

41. Does the cash register or point of sale system track alcohol sales if the DOB was entered in the system prior to the sale of alcohol?

No

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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 The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe, 4199 Paces Ferry Rd., Suite 100, Atlanta, GA 30339, Matthew Bradford, 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 October 17, 2013 the application for the Cobb County beer and wine package license for The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe was originally denied by the Business License Division Manager. The location of The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe, 4199 Paces Ferry Rd., Suite 100, Atlanta, GA 30339, does not meet the distance requirements to several residences. In addition, written opposition was received regarding this application and one opposing party appeared and testified at the License Review Board hearing. After considering all testimony and evidence presented, and the completed License Review Board Questionnaire, the License Review Board recommended approval of the application for a beer and wine package license for The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe. The appeal of The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe was heard before the License Review Board on November 7, 2013. After considering all testimony and evidence presented during the hearing and the online questionnaire the License Review Board recommended approval of the application for a Cobb County beer and wine package license for The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe.

Comm. Dist.

2


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FUNDING N/A

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 November 7, 2013 for The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe.

ATTACHMENTSSummary of November 7, 2013 Appeal hearing


Survey


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Summary of Appeal Hearing before the Cobb County License Review Board for The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe,

located at 4199 Paces Ferry Rd., Suite 100, Atlanta, Georgia 30339, Matthew Bradford, licensee. On November 7, 2013 the hearing was conducted in the

bid room located at 1772 County Services Parkway, Marietta, Georgia 30008.

License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sandra Richardson, Business License Division manager, stated that the application was denied based on Section 6-124 of the Cobb County Code of Ordinances. Ms. Richardson stated that according to the survey submitted with the application that the entrance of the proposed location is within three-hundred feet from the nearest residential property line. Ms. Richardson also stated that written opposition had been received by the Business License Division regarding this application.

Mike Sard, attorney for The Cellar Door At Canoe, LLC, doing business as, The Cellar Door provided the License Review Board with an aerial map of the location. Mr. Sard explained to the License Review Board that The Cellar Door At Canoe would specialize in high end wine and craft beer. Mr. Sard pointed out that The Cellar Door At Canoe is not a liquor store. Mr. Sard also explained that the ownership of The Cellar Door At Canoe is roughly the same as Canoe restaurant which is in the same shopping center.

Mr. Sard stated that issuing the alcoholic beverage license to The Cellar Door At Canoe would not have an adverse affect on the surrounding residences or the property values of the residences. Mr. Sard pointed out that other businesses in the area possess alcoholic beverage licenses and that there had previously been alcohol licenses issued to restaurants in the same tenant space as the proposed location of The Cellar Door At Canoe. Matthew Bradford, licensee for The Cellar Door At Canoe explained The Cellar Door at Canoe’s business plan. Mr. Bradford stated that The Cellar Door At Canoe would specialize in high end wines and craft beer with a price range of approximately $9.00 to $1000.00 for wine and approximately $7.00 to $16.00 for a four to six pack of craft beer. Mr. Bradford reiterated that The Cellar Door At Canoe would not sell liquor. Mr. Bradford stated that The Cellar Door At Canoe would be open Monday through Saturday from 11:00a.m. to 8:00p.m. and would not be open on Sunday. Mr. Bradford stated that most of the customers would be by appointment only and that most of the customers are wine connoisseurs. He also stated that no more than two to three customers are expected to be in the store at any time and traffic would not increase. Mr. Bradford also explained that there would not be any large signage or illuminated signage on the store. Mr. Bradford stated that he had been with Canoe restaurant for approximately ten years.

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The Cellar Door At Canoe, LLC-d/b/a-The Cellar Door At Canoe Summary of Appeal Hearing, November 7, 2013 Ms. Penny Cook, Vinings resident, spoke in opposition to the store and stated that the proposed location backs up approximately twenty-three or twenty-four feet from the playground and tennis courts of her neighborhood. Ms. Cook also stated that the proposed location is approximately four-hundred feet from the Lovett School where children ranging from five years old to eighteen years old attend. Ms. Cook stated that a lot of children and teenagers travel to and from school through the shopping center. Ms. Cook also stated that she is concerned the store will create more traffic in an already congested area. Mr. Sard stated that the residences were not affected by the operation of restaurants in the same tenant space previously and the residences will not be adversely affected by The Cellar Door At Canoe. Mr. Sard provide another aerial map of the area and explained that he had researched the property values of the surrounding residences and all of the surrounding residential property values have increased tremendously since 2002 while there were alcohol licenses in the shopping center. Mr. Sard pointed out that the Lovett School is in the City of Atlanta. He also pointed out that the playground Ms. Cook mentioned is a private playground and is not a park. Mr. Sard also pointed out that teenage foot traffic would not be an issue especially with the price points of the wines available at The Cellar Door At Canoe. Mr. Sard referred to the online questionnaire in reference to The Cellar Door At Canoe’s policies and procedures regarding alcohol sales.

After considering all evidence and testimony presented and after considering the online questionnaire completed by the applicant, and pursuant to a motion by Jim Pehrson and a second by Larry Walker the License Review Board recommended approval of the beer and wine package license for The Cellar Door At Canoe, LLC, doing business as, The Cellar Door At Canoe. The License Review Board voted 3-0 in favor of this motion. Milton Beck was not present for the entire hearing and recused himself. Eddie Canon was not present.

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Section 6-124 of the Cobb County Code of Ordinances. 197 feet to property line of the closest residence; 300 feet required.

Residence

1. What was the distance in feet that caused denial of the alcohol license?

2. Was it to a church, school, park, library, residence, or liquor store?

3. Are there other establishments in the area that have been granted an alcohol license? If so, how far are they from the proposed location?

4. Is there opposition to the application and if so what is their opposition and have you spoken to the oppositon?

5. Have you owned or worked in an establishment that sold/served alcoholic beverages?

Yes, Canoe Restaurant which is approximately 125 feet away from the proposed location. Also, the proposed location was previously licensed to sell malt beverages and wine for consumption on the premises as both Orient at Vinings restaurant and as Chopsticks restaurant.

The Cobb County Business License Division advises that it has received written opposition to the application. Applicant requested a copy of such written opposition from the Business License Division and anticipates receipt of such written opposition in the coming days.

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

License Number: ALC000726 Licensee: MATTHEW CARL BRADFORD


Cobb County License Review BoardFACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY

ALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCE RESTRICTION



Division Manager

PAGE: 1 11/15/2013 8:27:46 AMALC000726

APHR_ALCH_ LIC_DISTANCE

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9. Is issuing the alcohol license going to have an adverse effect on the quality of life of the community?

No

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?

Fine wine shop also selling malt beverages by the package. NO DISTILLED SPIRITS.

12. What type of training do you have in place for your employees?


Employees will be required to attend a quarterly meeting to educate about proper and lawful sales practices for the shop. A written Alcohol Policy, a copy of which was submitted with the application, must be signed by each employee. Also, each employee must pass a written test about alcohol sales practices to work in the store. A copy of the test was submitted with the application.

Anyone who attempts to purchase an alcoholic beverage who appears to be less than forty (40) years of age must provide unexpired, government issued identification.

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

Confirm that: 1) the guest does not appear to be intoxicated; 2) Document presented is an unaltered driver’s license, state identification card, passport or military identification; 3) Document is unexpired; 4) Document includes photograph matching the customer; 5) Document includes physical description matching the customer; 6) Customer’s date of birth evidences that the customer is more than twenty one (21) years of age; 7) Document is neither the old version under 21 Georgia driver’s license (red outline; red date of birth; state’s “Under 21”) nor the new version of the under 21 Georgia driver’s license (vertical identification card; states “Under 21”).

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

A written Alcohol Policy, a copy of which was submitted with the application, must be signed by each employee. Also, each employee must pass a written test about alcohol sales practices to work in the store. A copy of the test was submitted with the application.

16. Were the written policies provided with the application?

Yes

17. What type of menu does the establishment have?

None. Shop is not an eating establishment.

18. Was the menu submitted with the application?

No

19. What percentage of the food and alcohol sales will be from the sale of food?

Not applicable.

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

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Approximately 95%

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

Monday - Saturday, 11:00 AM - 8:00 PM.


Yes

23. How many cameras?

Four (4)


Weekly


To verify that staff is complying with company policies and procedures in Alcohol Policy.


One (1) 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.

Principals of applicant have owned and operated nearby Canoe Restaurant for nearly twenty (20) years in compliance with State and County laws and regulations.

31. Why should the LRB grant the alcohol license?

Applicant`s principals have a long history of compliance with County and State laws and regulations in the subject shopping center. The subject location is in a retail shopping center that has been an integral part of the local neighborhood for many years. Applicant`s proposed business is primarily an upscale wine shop whose size and scope is consistent with other businesses in the neighborhood.

Alcohol Policy and testing as referenced above. Also, Applicant`s principals have a long history of compliance with County and State laws and regulations in the subject shopping center.



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Alcohol Policy and testing as referenced above. Also, Applicant`s principals have a long history of compliance with County and State laws and regulations in the subject shopping center.


Yes.

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

Yes

35. What are the consequences?

Termination from employment.

36. How many employees will the establishment have?

2 - 3.

37. How often will they be retrained?

Quarterly.

38. Will you implement a secret shopper program?

Yes

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

Termination from 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?

Yes

41. Is there an override option?

No


NA


Yes


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Yes

45 Does the cash register or point of sale system track by whom they were sold?

Yes


Yes


Yes

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



FROM: Deborah Dance, County Attorney

This item has been electronically signed by:H. William Rowling, Jr., Deputy County Attorney Deborah Dance, County Attorney


PURPOSE To authorize settlement of Melvin Waiters v. P.M. Stoddard Matthew Owen, Brandon M. Johnson, D.L. Concepcion, in their individual and official capacity, Civil Action No. 1:12-CV-00496-MHS, United States District Court, pursuant to the direction and within the terms as discussed in Executive Session on October 7, 2013, and 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 Melvin Waiters v. P.M. Stoddard Matthew Owen, Brandon M. Johnson, D.L. Concepcion, in their individual and official capacity, Civil Action No. 1:12-CV-00496-MHS. Counsel will prepare appropriate documentation consistent with the Board’s direction as presented in Executive Session on October 7, 2013.

FUNDING Funding is available in account 710-055-8011-6608

RECOMMENDATION To authorize settlement of Melvin Waiters v. P.M. Stoddard Matthew Owen, Brandon M. Johnson, D.L. Concepcion, in their individual and official capacity, Civil Action No. 1:12-CV-00496-MHS, United States District Court, within the terms as discussed in Executive Session on October 7, 2013, and authorize counsel to prepare and execute any necessary documents for the purposes of settling ongoing litigation.

Comm. Dist. 4


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Cobb County Office of Economic Development Michael H.S. Hughes, AICP, Director



FROM: Michael H.S. Hughes, AICP, Director

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


PURPOSE To approve an Agreement with CobbWorks, Inc. for the provision of employment and job training services with Workforce Investment Act funds.

BACKGROUND Cobb County is the grant recipient of Workforce Investment Act (WIA) funds. Since 2000, CobbWorks, Inc., as administrative entity for the County, has provided employment and job training services to County residents with these funds. The WIA program was previously run through the Georgia Department of Labor. In 2012 Governor Deal created the Governor’s Office of Workforce Development and charged it with the administration of the Workforce Investment Act program in Georgia. In order to satisfy state requirements outlined by the Governor’s Office of Workforce Development, Cobb County must formalize its relationship with CobbWorks, Inc. through a written agreement. This agreement will address a variety of issues including compliance with federal and state regulations, sub-recipient monitoring, record keeping, WIA board composition, and provision of services.

FUNDING There will be no changes in the handling of administrative charges. All administrative fees for CobbWorks, Inc. are paid with WIA grant funds and are approved by the Board of Commissioners when grant funds are accepted.

RECOMMENDATION

Comm. Dist.

All


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The Board of Commissioners approve an Agreement with CobbWorks, Inc. for the provision of employment and job training services with Workforce Investment Act funds, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. ATTACHMENT CobbWorks Agreement will be provided under separate cover


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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 revisions to the Compensation and Performance Appraisal Policies.

BACKGROUND In 2010 the Human Resources coordinated the development of a revised performance appraisal rating form with the input of a committee appointed by the County Manager of staff from various departments. The revised form has been in place for the 2011 and 2012 rating periods for a small number of departments on a pilot basis. The form has been put in place county wide for the 2013 rating period. As a result of the new rating instrument Human Resources and Legal have prepared recommended revisions to the Compensation and Performance Appraisal Policies to reflect the current form and processes.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve revisions to the Compensation and Performance Appraisal Policies.

ATTACHMENTSPerformance Appraisal Policy

Compensation Policy

Comm. Dist.


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-1-

Performance Appraisal Policy

Effective Date: Adopted 9/86; Revised 9/91, 6/92, 11/94, 12/96, 11/13

§-I. PURPOSE To provide regulations concerning performance appraisal procedures for

county employees.

§-II. SCOPE Board of Commissioners' Employees

§-III. POLICY It is the policy of the County that the job performance of each employee shall be evaluated periodically by the employee's immediate supervisor.

§-IV. PROCEDURES

A. The performance appraisal consists of a written evaluation of the employee's job

performance, the supervisor's documentation and recommendations. It also includes

performance goals for the next evaluation period. Information derived from the performance

appraisal will be used to determine the employee's eligibility for and amount of merit salary

increases, promotion and transfer. The appraisal may also be used to identify the employee's training needs.

B. Using the job performance documentation which has been written during the year, the

supervisor will rate the employee's performance using the following appropriate rating

scale based on the appraisal method being used.

Possible Job Performance Ratings Unacceptable performance Good performance

Distinguished performance

C. Performance appraisals shall be completed and submitted based on a timeline distributed

by Human Resources. under a "common review date" plan; All appraisals are completed near the end of each calendar year.

D. Supervisors are encouraged to keep informal written records of significant events and examples of job performance for the employees under their supervision.

E. Employees who disagree with their appraisal should submit in writing to their supervisor

the reason for disagreement. If no change is made after supervisory consideration, the

employee may take his/her concerns to the next management level. If the employee

remains in disagreement, he/she may take his/her concerns to the department/agency head

who is responsible for the final disposition of the appraisal.

F. Progress discussions will be conducted with employees by their supervisors at least once

during the rating period.

G. The Human Resources Department is responsible for:

1. Developing procedures necessary to implement the common review date plans;

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2. Ensuring that all supervisors are trained on use of the appraisal form and process system and providing refresher training as necessary;

3. Ensuring that all employees are trained on the performance appraisal process operations of the system.

4. Sending the appraisal forms and required paperwork to each department at the

proper time, thus ensuring that the supervisors will have enough "lead" time to properly complete the appraisal forms;

5. Reviewing completed appraisal forms to ensure their completeness;

5. Monitoring the overall system results and revising the system as necessary.

H. The Head of each department is responsible for:

1. Ensuring that all supervisors in the department have attended a training session on use of the appraisal forms prior to the supervisors completing the forms;

2. Ensuring that an employee's immediate supervisor is designated as the rater who completes the employee's performance appraisal form;

3. Ensuring that the review of completed appraisal forms is conducted appropriately

within the department, before the forms are sent to the Human Resources

Department.

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Compensation Policy

Effective Date: 2/12/95, 10/01/98, 2/07, 3/10, 11/13

§-I. PURPOSE To provide regulations concerning the compensation of approved county positions.

§-II. SCOPE All Graded Employees and Regular Part-time.

§-III. POLICY The Compensation Plan is designed as a fair and equitable method of

payment for employees in the county. The plan shall establish a basic salary schedule as

approved by the Board of Commissioners. The salary ranges will include minimum and

maximum rates of pay for all positions included in the classification plan. The compensation

of each employee is the product of the basic salary structure and the components that shall be used to adjust employee compensation.

§-IV. PROCEDURES

A. GRADED EMPLOYEES ONLY

1. Compensation Plan Structure Adjustments

The structure adjustment is the process that will be used to ensure that the salary structure

is adjusted equally across the board to reflect changes in the wage index. Each year the

Board of Commissioners will decide on the applicability and the ability of Cobb County to

apply an adjustment to the salary structure. These adjustments will be considered according

to changes in the wage index based upon references such as the Bureau of Labor Statistics

and budgetary constraints. Structure adjustments will be implemented through a

percentage increase which will be applied equally to all salary ranges and/ or employee salaries.

2. Merit Award Adjustments

The merit award adjustment will be used to reward employees for job performance.

Increases, if funding is approved by the Board of Commissioners, are awarded to employees

whose job performance is described as either "good meets" or "distinguished exceeds". The

performance appraisal instrument is essential to administering this process effectively. The

merit award program is based upon the principle that performance that is described as

either good meets or distinguished exceeds should be rewarded, because such performance

is a greater contribution to the jurisdiction than unacceptable performance unsatisfactory or needs improvement.

(a) Determination of Merit Award Levels

The level of merit award is determined by the point in the salary range the employee has

reached and the employee's job performance. The salary range is composed of the

minimum rate of pay for the job (apprentice level), the market rate of the job (journey

level), and the maximum rate of pay for the job (master level). Progression through the

salary range from the minimum rate to the market rate is allowed to be more rapid than

from market rate to the maximum rate. Progression through the range will be based solely

on performance awards. An employee is deemed eligible for a Merit Award if the employee's

performance is rated above as "Good Meets" (fully competent performance) or as

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Revised 11/14/13

"Distinguished Exceeds". The following Merit Guide is an example of the type of formula to be used to establish the amount of a Merit Award:

MERIT GUIDE

Rating (% applied to MCP)

Distinguished Exceeds Performance X + 1.5%

Good Meets Performance X

Unacceptable Performance

Unsatisfactory or Needs 0%

(b) Actual Amount of Merit Award

i. The Target Merit Award (TMA) will be determined by the Board of Commissioners as a

part of the budget process. The value of "X" in the merit guide will be determined after

performance appraisals are completed and processed, through an equitable division of the budgeted dollars available and based on the Merit Guide.

ii. The award program provides an opportunity for the department management to have

discretion in using the targeted merit amount from the budget of their salary dollars as a

department award pool. Each department will be allocated the same percentage of its salary dollars for awards.

iii. The job performance of all employees is reviewed and appraised once a year. Under the

"common review date" plan, all appraisals will be completed in October, November and

December of each calendar year; merit increases become effective the first full bi-weekly in

February of the next year. Employees with less than one year service on the merit effective

date shall have their merit award prorated for the partial year for the time employed during the merit year.

iv. If a merit increase would cause an employee to exceed the salary range on the merit

effective date, then the employee shall be provided non- cumulative payment(s) which shall not increase the employee's base salary or rate of pay.

3. Starting Rates for New Employees In most cases, a new employee will be paid the minimum rate of pay for the position.

a. The minimum rate of pay for each position is based on the assumption that a new

employee meets the minimum qualifications stated in the class specification. In the event

that qualified applicants cannot be located for a given position, consideration should be

given to holding the position and creating a lower level position which will reflect lower level duties and corresponding lower entrance requirements.

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Revised 11/14/13

b. If a selected candidate exceeds the minimum qualifications stated in the class

specification and will not accept appointment at the minimum rate of pay for the position,

the candidate may be appointed at a higher rate within the salary range with the

recommendation of the Human Resources Director and approval by the County Manager.

However, every effort should be made to recruit a qualified candidate who will accept appointment at the minimum rate of pay for the position.

c. Difficulty of recruitment may require payment of a higher rate of pay. If difficulty of

recruitment at the minimum rate of pay for a class specification persists, consideration may

be given to assigning a higher pay rate or reevaluation of the position to determine if a

higher pay grade is indicated. Positions above the minimum rate must be secured within the framework of the budget of the department employing the individual.

4. Employee Transfers

An employee may be transferred to another department in a position with the same pay

grade, and such transfer will not change the employee's pay or the date from which eligibility for consideration for a merit increase shall be counted.

5. Promotional Increase Policy

When an employee is promoted or advanced to a position in a higher grade, the employee's

salary will increase at least to the minimum of the new grade. If an employee is promoted

or advanced to a position one grade or more higher, the increase will be at least the

minimum of the new grade or at least a percentage increase of the MCP that will not create

a salary inequity that cannot be justified. The maximum increase will be 15% of the MCP or

an amount which is not greater than any incumbent with equal qualifications, whichever is

lower. No employee's salary will be set below the minimum or increased above the maximum of a salary range.

Procedures for determining a promotional increase are:

a. The department head will recommend the amount of the promotional increase within the

standards stated in these policies.

b. The Human Resources Director will ensure that the standards of these policies are met

before processing the recommended change.

c. The decision regarding a promotional increase will reflect the promoted employee's

experience, seniority and performance in comparison with other employees' backgrounds in

the same job or in the same department. Final approval for promotional salary rates and

pay adjustments will be determined by the County Manager.

6. Effects of Demotion

When an employee is demoted to a lower position, the employee shall be paid at a rate

which is within the approved range for the position. The rate of pay will be set by the

County Manager in consultation with the Human Resources Director, taking into

consideration the circumstances surrounding, and the reasons for, the demotion. Typically,

demotions will follow the promotional policy in reverse and the employee's salary amount

should be reduced by the amount it was increased when the promotion occurred. An

employee who is demoted in a reduction in force action shall have his/her salary reduced to

a point on the lower range which will cause a 5% reduction in compensation. All salary adjustments are limited to the salary range approved for the position.

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Revised 11/14/13

7. Whenever a new or different scale of salaries is made applicable to a class of positions, persons employed in these positions will have salary adjustments as follows:

1. All employees whose salaries are below the minimum rates for the new grades will be brought to the minimum of the new grades in the proposed compensation plan.

2. Employees whose salaries are currently at or above the new range maximums will

receive no adjustment in the implementation. Their base salaries shall be "frozen" until such time as the pay structure is adjusted upward and their current salaries are incorporated.

8. Supplemental Salaries:

Some groups of employees receive salary jointly from Cobb County and other government

agencies, i.e., extension service staff, superior court judicial assistants. In this employment

situation, employees will be eligible to receive salary and adjustments to salary as provided

in this policy for the portion of total salary paid by Cobb County. Salary and adjustments to

salary paid by other agencies are due to the employee and will not impact the supplement

paid by Cobb County, except to establish the minimum and maximum total salary recognized by Cobb County.

9. Employees in the Sheriff's Office and Public Safety Department assigned in a

specialty (i.e., field training officer capacity or motorcycle, dive-rescue, SWAT, Tactical Unit,

and bomb squad capacity) receive specialty pay in the amount of 5% and 10% for the

Police Officer III, Firefighter III, and Deputy Sheriff III programs of the Market Control Point

of their individual pay grade. Employees in sworn classifications up to but not including Police Major and Deputy Sheriff Major will be eligible for this pay.

Employees of the Fire Department assigned as a paramedic, heavy rescue, technical rescue

or to HazMat receive specialty pay in the amount of 5% of the Market Control Point of their

individual pay grade. Employees in sworn classifications up to but not including Fire Battalion Chief will be eligible for this pay.

Differential pay (+1 DP) allowed under the previous policy and specialty pay will be

discontinued in the event the employee is reassigned to a different position not eligible for

differential or specialty pay. The number of slots eligible for differential or specialty pay is a

fixed number authorized by the Board of Commissioners.

B. REGULAR PART-TIME EMPLOYEES

Compensation Plan

All regular part-time employee salaries will be set at the minimum of the approved salary

range. Starting salaries between the minimum rate of pay and 10% of that rate require the

approval of the Human Resource Director with sufficient justification. Any starting salaries

greater than 10% of the minimum, requires sufficient justification submitted to the Human

Resources Director who will submit a recommendation to the County Manager for approval.

However, every effort should be made to recruit a qualified candidate who will accept the appointment at the minimum rate of pay for the position.

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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


FROM: James Pehrson, CPA, Director/Comptroller

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


PURPOSE

To ratify previous Board actions that authorize the collection and appropriation of various county standard reserves for FY 2014, and furtherauthorize the carry forward of all unspent FY 2013 standard reserve funds into FY 2014.

BACKGROUND There are a variety of designated revenue sources collected by departments that are reserved in a department’s budget for specific purposes, known as ‘standard reserves’. A standard reserve is any specific revenue, collected for/by a department, which has been designated for special use by the Cobb County Board of Commissioners (BOC) in various prior Board actions. Some of these designations approved by the BOC are required by state or federal law. Standard reserves are usually appropriated on a regular basis, based on actual revenue collections. Each county department is responsible for the monitoring, allocating, and spending of its budgeted standard reserves in accordance with BOC directives or other legal authority. At the end of each fiscal year, unspent balances in these standard reserves, along with prior designated reserves balances are re-appropriated in the next fiscal year, for use by these departments, with the same designations and restrictions as the original purpose in the prior year. Subsequent to this Agenda, as part of the FY 2013 close-out, various potential minor adjustments to actual revenues and expenditures are made and the corresponding budget transactions are required. With the approval of this agenda, the county will continue to collect, designate, and appropriate all standard reserves listed on the attachments, and make any required year-end adjustments.

FUNDING

Designated revenue for current year funds will be appropriated as received as follows: See attachments.

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Designated and unspent revenue in prior fiscal year budgets will be appropriated in the new fiscal year, including any potential subsequent final year-end close-out adjustments, as follows:

See attachments.

RECOMMENDATION The Board of Commissioners ratify previous Board actions that authorized the collection and appropriation of various county standard reserves for FY 2014, authorize the carry forward of all unspent FY 2013 standard reserve funds into FY 2014, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSStandard Reserves

Standard Reserves for FY14


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Dept Description Account Amount

Communications

PEG Fees 010-021-0258-8852 / 4980 1,501,136.59

Community Development

Subdivision Bond - Road Top Coat - Developer Contribution 010-030-0310-8852 / 4980 714,540.96


NPDES Permits 010-030-0395-8852 / 4980 34,315.60

General Fund Admin

Iron Data 010-015-0145-8810 / 4980 8,470.00

Drug Treatment

ASAP - Drug Sanction Fees 010-040-0513-8852 / 4980 4,168.00

D.O.T

Airport revenues in excess of expenditures 010-050-0720-8852 / 4980 905,050.40

Sheriff's Office

SCAAP Awards 010-210-9240-8852 / 4980 75,009.11

Library

Gifts and Donations 010-080-1800-8852 / 4980 1,757.06

Book Sale Revenue 010-080-1800-8852 / 4980 101,079.83

H.R

Wellness Fund 010-095-2600-8852 / 4980 307,556.49

Parks

Admin. - Gifts and Donations 010-105-3050-8852 / 4980 5,116.46

Programming - Gifts and Donations 010-105-3100-8852 / 4980 6,100.00

Tennis - Gifts and Donations 010-105-3360-8852 / 4980 10,687.00

Natural Resources Management - Gifts and Donations 010-105-3380-8852 / 4980 3,421.25

Stout Park Trust 010-105-3304-8852 / 4980 237,823.00

Cell Tower Reserves 010-105-3200-8852 / 4980 1,848,104.69

Keep Cobb Beautiful Program Reserves (Cobb Trees) 010-105-4950-8852 / 4980 337,769.56

Public Safety

Police - False Alarm 010-130-2100-8852 / 4980 189,814.15

Police -K9 Donations 010-130-2100-8852 / 4980 5,936.20

Police-School Bus Program 010-130-2100-8852 / 4980 147,976.88

Animal Control - Gifts and Donations 010-130-3800-8852 / 4980 31,602.32

Juvenile Court

Juvenile Court Fines 010-190-8900-8852 / 4980 283.25

Senior Services

Gifts and Donations 010-300-0060-8852 / 4980 54,804.31

Gifts and Donations 010-300-0070-8852 / 4980 150.00

DA Victim Witness

Self Funded Unit Reserves 010-170-8775-8852 / 4980 125,829.97

Juvenile Services


Solicitor Victim Witness


DUI Court


Family Law and Focus on Forever

Self Funded Program Reserves 010-225-9510-8852 / 4980 16,692.59

ADR


TOTAL 8,065,395.86

FY 2013 Standard, State Mandated, and Self Funded Reserves into FY 2014

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Standard Reserve

Revenue Acct Line Standard Reserve Exp Acct Line Description

010-TBD-TBD-4920 010-TBD-TBD-8818 Gift & Donations - Allocated where received

010-TBD-TBD-4924 010-TBD-TBD-8818 Juror Donations - Allocated where received

010-300-0060-4566 010-300-0060-8818 State Fair Senior Day Award

010-300-0070-4965 010-300-0060-8818 Senior Resource Campain

010-021-0258-4588 010-021-0258-8818 Communications - PEG Fees

010-030-0395-4337 010-030-0395-8818 Community Development - NPDES Permits

010-030-0310-4858 010-030-0310-8818 Community Development - Subdivision Bond-Road Top Coat

010-030-0310-4918 010-030-0310-8818 Community Development - Developer Contributions - Road Topping Fee

010-015-0145-4858 010-015-0145-8810 General Fund Admin - Iron Data

010-095-2600-4858 010-095-2600-8818 Human Resources - Wellness Fund

010-130-2100-4506 010-130-2100-8810 Police - False Alarm Fees

010-220-9405-4858 010-220-9405-8818 DUI Court - Treatment and Testing Participation Fees

010-225-9510-4858 010-225-9510-8818 Superior Court - Family Law Workshop

010-225-9540-4577 010-225-9540-8818 Superior Court - Alternative Dispute Resolution (ADR) - Mediation Program Fee

010-225-9540-4864 010-225-9540-8818 Superior Court - ADR - Interest Earnings

010-165-8600-4579 010-225-9540-8818 Clerk of Superior Court - ADR Filing Fees

010-185-8861-4579 010-225-9540-8818 Magistrate Court - ADR Filing Fees

010-190-8950-4565 010-190-8950-8818 Juvenile Court - Probation Fees

010-040-0513-4955 010-040-0513-8818 Drug Treatment and Education - Drug Sanction Fees

010-190-8900-4955 010-190-8900-8818 Juvenile Court - Family Dependency Treatment Court Sanctions & Men's Group Fee

010-080-1800-4852 010-080-1800-8818 Library - Better World Books - Pilot Program

010-105-3050-4852 010-105-3050-8818 Parks- Better World Books - Pilot Program

010-105-4950-4852 010-105-4950-8818 Keep Cobb Beautiful - Better World Books - Pilot Program

010-130-2100-4810 010-130-2100-6363 School Bus Program - American Traffic Solutions

010-130-2100-4810 010-130-2100-6574 School Bus Program - Cobb Board of Education

010-130-2100-4810 010-130-2100-8818 School Bus Program - Cobb Police

010-165-8600-4811 010-215/170-9350/8775-8818 5% Crime - Victim Witness





260-130-0210-4980 260-130-0210-6361 E911 - Wireless Fees

270-210-G665-4576 270-210-G665-8818 NCGLEA Tuition Reserves

270-210-G665-4506 270-210-G665-8818 NCGLEA Agency Contributions

270-130-GR45-4429 270-130-GR45-8820 Child Explotation Prevention Task Force

380-035-4639-various 380-035-4639-8005 GIS Capital Project

FY 2014 Standard Reserves

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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


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Resolution


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 26th of November 2013

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PURPOSE To adopt a resolution approving the issuance of Cobb-Marietta Coliseum Exhibit Hall Authority Revenue Refunding Bonds, Series 2013 sufficient to refund all or a portion of the Cobb-Marietta Coliseum and Exhibit Hall Authority Revenue Bonds, Series 2004.

BACKGROUND

In April 2013, the County's financial advisor, Public Financial Management, Inc., provided a calculation indicating that a refunding of the Authority’s 2004 Bonds maturing after January 1, 2014 would generate net present value savings of approximately $5 million or approximately 11% of the principal amount to be refunded. This amount exceeded the County’s guideline of 3% making the 2004 Bonds viable candidates to be refunded. On May 22, 2013, based on the results of calculations performed earlier, members of the Authority’s Finance Committee and the Authority members approved and authorized Authority staff to proceed with the steps necessary for the issuance of the 2013 Bonds. Because amounts sufficient to pay the debt service on the Authority’s 2004 Bonds are funded by Cobb County through theIntergovernmental Contract dated January 28, 2004 between Cobb County and the Authority (the “Intergovernmental Contract”), the County’s approval to proceed with the issuance of the 2013 Bonds is required in accordance with the Intergovernmental Contract and the Trust Indenture for the Series 2004 Bonds. At its June 25, 2013 meeting the Board authorized the Finance Director/Comptroller and Finance staff to proceed with the steps necessary to prepare for the competitive sale and issuance of the proposed Series 2013 Bonds in an aggregate principal amount sufficient to refund that portion Series 2004 Bonds maturing after January 1, 2014, currently outstanding in the principal amount of $45,190,000.00 and pay issuance costs associated therewith. Pursuant to that authorization, the County, its Finance staff, its financial advisor and its bond counsel have assisted in the preparation or review of the documents related to the issuance of the Series 2013

Comm. Dist.

All


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Bonds and presented for approval with this Resolution.

FUNDING No allocation of funds is required. Issuance costs will be paid from Bond proceeds and on-going bond administration costs, if payable by the County, will be budgeted and will be more than offset by savings to be achieved in the refunding of the 2004 Bonds. All subsequent years' costs, if payable by the County, will be planned in their respective budget years. Such on-going costs are estimated to be approximately $1,000.00 to $2,000.00 per year.

RECOMMENDATION That the Board of Commissioners adopt a Resolution; (i) approving the issuance by the Cobb-Marietta Coliseum Exhibit Hall Authority (the "Authority") of not to exceed $46,000,000.00 of Cobb-Marietta Coliseum and Exhibit Hall Authority Revenue Refunding Bonds (Performing Arts Center Project), Series 2013 (the "Series 2013 Bonds") in order to refund all or a portion of the Cobb-Marietta Coliseum and Exhibit Hall Authority Revenue Bonds (Performing Arts Center Project), Series 2004 ("the 2004 Bonds") maturing after January 1, 2014 in the aggregate principal amount of $45,190,000.00 and pay issuance costs associated therewith; (ii) authorizing appropriate County officials to instruct the Authority to exercise its right to redeem such Series 2004 Bonds; (iii) approving the First Supplemental Trust Indenture, the First Amendment to Intergovernmental Contract, the First Amendment to Performing Arts Center Operating Agreement, the Continuing Disclosure Certificate, the Preliminary Official Statement and the Official Notice of Sale, all in connection with the issuance of the Series 2013 Bonds, and thereby providing the County Board Approvals required under the Intergovernmental Contract and the Trust Indenture with respect to the issuance of the Series 2013 Bonds and the documents related thereto; (iv) approving certain "Bond Pricing Parameters" for the payment term of the Series 2013 Bonds to be determined by the competitive public sale of the Series 2013 Bonds; (v) delegating to appropriate County officials the authority to approve the final payment terms of the Series 2013 Bonds within the approved Bond Pricing Parameters and the authority to approve the final forms of the financing documents reflecting such final payment terms, including, without limitation, the Official Statement; (vi) authorizing the execution of the aforesaid documents and other necessary or appropriate documents on behalf of the County by appropriate County officials; and (vi) for other related matters, and authorize the Chairman to execute the necessary documents.

ATTACHMENTSUnder Separate Cover-Bond Resolution


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Bond Resolution and exhibits for the Performing Arts Center (PAC) bonds to be provided

under separate cover

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PURPOSE

To approve various 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. The details of those department requested reserves into FY 2014 from FY 2013 that are recommended are on the attachments and summarized below:

Comm. Dist.

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In addition, this year’s appropriation of prior year General Fund revenues include several county wide items listed below and on the attachment:

General Fund Departments – Recommended Reserve Requests

$1,657,821.43

Other Operating Funds Dept – Recommended Reserve Requests

$1,280,188.05

Class and Pay Study $500,000.00

800 MHz Radio Core Upgrade to Jail Repeater Site $250,790.00

Priority Based Budgeting Consulting Services $ 38,500.00

Mobile Data Computers replacements for Police and Sheriff

$286,000.00

Superior Court South-Roof Replacement $241,342.00

Downtown Marietta Buildings-Exterior Restorations $355,323.00

Downtown Former Wachovia Bank Building Roof $117,213.00

Accountable and Capital Equipment to Maintain Operations

$1,610,146.86

Solid Waste Debt Service Payment FY 2014 and FY 2015

$4,251,250.00

$7,650,564.86

FUNDING

Appropriate the revenues and expenditures for these reserves as per the attachments.

RECOMMENDATION

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

ATTACHMENTSReserve Requests

Accountable Equipment & Capital


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of 272

Department Name

Unit

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Expenditure

Object

Purpose or Description

Amount

Reserve Requests Recommended for Approval

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of 272

Dept. Account Amount

County Clerk

010-010-0135-8852 / 4980 200.00$

200.00

County Manager

010-020-0251-8852 / 4980 800.00$

010-020-0260-8852 / 4980 100.00$

900.00

Communications Department

010-021-0258-8852 / 4980 2,000.00$

2,000.00


010-030-0310-8852 / 4980 69,093.86$

010-030-0320-8852 / 4980 375.00$

010-030-0330-8852 / 4980 600.00$

010-030-0345-8852 / 4980 600.00$

70,668.86

Information Services

010-035-0400-8852 / 4980 500.00$

500.00

Extention Services

010-045-0600-8852 / 4980 2,000.00$

2,000.00

Department Of Transportation

010-050-0720-8852 / 4980 12,000.00$

010-050-0730-8852 / 4980 200.00$

010-050-0740-8852 / 4980 3,150.00$

010-050-0770-8852 / 4980 450.00$

010-050-0781-8852 / 4980 6,353.00$

010-050-0781-8852 / 4980 8,000.00$

010-050-0750-8852 / 4980 7,500.00$

010-050-0750-8852 / 4980 21,000.00$

010-050-0750-8852 / 4980 72,000.00$

010-050-0750-8852 / 4980 15,790.00$

010-050-0750-8852 / 4980 4,200.00$

150,643.00

Finance Department

010-055-0800-8852 / 4980 1,000.00$

1,000.00

Purchasing Department

010-060-0910-8852 / 4980 200.00$

200.00

Accountable Equip. and Capital Items

Reserved into FY 2014

of 272




Fleet Department

010-060-0920-8852 / 4980 12,000.00$

010-060-0920-8852 / 4980 2,000.00$

010-060-0920-8852 / 4980 49,000.00$

63,400.00

Tax Assessors Office

010-065-0960-8852 / 4980 2,400.00$

2,400.00

Parks, Rec, & Cultural Affairs

010-105-3100-8852 / 4980 200.00$

010-105-3130-8852 / 4980 400.00$

010-105-3200-8852 / 4980 12,400.00$

010-105-3200-8852 / 4980 17,875.00$

010-105-3340-8852 / 4980 2,382.00$

010-105-3340-8852 / 4980 300.00$

010-105-3360-8852 / 4980 6,000.00$

010-105-3380-8852 / 4980 200.00$

010-105-3400-8852 / 4980 450.00$

010-105-3400-8852 / 4980 200.00$

010-105-MHBA-8852 / 4980 2,395.00$

42,802.00

Property Management Department

010-110-3640-8852 / 4980 4,000.00$

010-110-3640-8852 / 4980 5,500.00$

9,500.00

Department Of Public Safety

010-130-1900-8852 / 4980 5,525.00$

010-130-1900-8852 / 4980 48,000.00$

010-130-1900-8852 / 4980 27,000.00$

010-130-2100-8852 / 4980 15,130.00$

010-130-2100-8852 / 4980 503,130.00$

010-130-2100-8852 / 4980 5,000.00$

010-130-2100-8852 / 4980 40,000.00$

010-130-2100-8852 / 4980 175,000.00$

010-130-2100-8852 / 4980 118,500.00$

010-130-2100-8852 / 4980 22,700.00$

010-130-3900-8852 / 4980 500.00$

010-130-3900-8852 / 4980 4,900.00$

010-130-3900-8852 / 4980 13,000.00$

010-130-3900-8852 / 4980 3,000.00$

010-130-4000-8852 / 4980 1,100.00$

982,485.00

of 272




Medical Examiner

010-150-8390-8852 / 4980 1,700.00$

1,700.00

Clerk Of Superior Court

010-165-8600-8852 / 4980 260.00$

260.00

District Attorney Office

010-170-8750-8852 / 4980 600.00$

600.00

Sheriff Department

010-210-9220-8852 / 4980 2,300.00$

010-210-9220-8852 / 4980 47,625.00$

010-210-9220-8852 / 4980 2,300.00$

010-210-9240-8852 / 4980 1,500.00$

010-210-9240-8852 / 4980 26,000.00$

010-210-9240-8852 / 4980 24,206.00$

010-210-9240-8852 / 4980 2,000.00$

010-210-9220-8852 / 4980 75,000.00$

180,931.00

State Court

010-220-9400-8852 / 4980 4,950.00$

4,950.00

Superior Court

010-225-9510-8852 / 4980 1,300.00$

010-225-9510-8852 / 4980 600.00$

010-225-9520-8852 / 4980 500.00$

010-225-9550-8852 / 4980 500.00$

2,900.00

Tax Commissioner Office

010-230-9600-8852 / 4980 28,063.00$

010-230-9600-8852 / 4980 20,873.00$

010-230-9600-8852 / 4980 7,800.00$

56,736.00

Elections & Registration

010-235-9716-8852 / 4980 1,459.00$

010-235-9716-8852 / 4980 26,928.00$

010-235-9750-8852 / 4980 1,789.00$

30,176.00

of 272




Cobb Senior Services

010-300-0060-8852 / 4980 14,400.00$

010-300-0075-8852 / 4980 175.00$

010-300-0075-8852 / 4980 320.00$

14,895.00

1,610,146.86

of 272







PURPOSE To approve the use of consulting services from The Center for Priority Based Budgeting and assistance with the implementation of priority based budgeting.

BACKGROUND

Recently the County has begun an initiative to pursue priority based budgeting (PBB). The PBB method is recognized as a best practice by the Government Finance Officers Association. The objectives of PBB are as follows;

l Assess the organization’s fiscal health

l Match available resources with community priorities

l Provide the organization with more insightful information that leads to better informed decision making

The Center for Priority Based Budgeting (CPBB) is a leading provider of consulting services in the area of PBB. The CPBB provides technical and advisory services to assist local governments, school districts and other non-profit agencies achieveFiscal Health and Wellness through Priority Based Budgeting. This creative and innovative process, developed by CPBB, enables communities to reassess their priorities in order to make sound, long-term funding decisions.CPBB has already led over 40 communities through this comprehensive body of work.

In an effort to reduce the overall cost of the project, the County has taken proactive steps to coordinate CPBB’s travel schedule with the City of Roswell. The City of Roswell is also implementing PBB and using CPBB to do so. We have come to an agreement to share in the travel costs when applicable.

Comm. Dist.

All


of 272

FUNDING Funds were made available with the approval of the Reserve Request Agenda Item at the following location and amount:

010-015-0145-8852 (General Fund Admin Contingency – PBB) $38,500

RECOMMENDATION The Board of Commissioners approve the use of consulting services from The Center for Priority Based Budgeting, and authorize the Chairman to execute the necessary documents.


of 272

Cobb County County Clerk's Office Candace W. Ellison, CCC, County Clerk



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: November 11, 2013 - Special Called Meeting/Agenda Work Session November 12, 2013 - Regular Meeting of the Board November 19, 2013 - BOC Zoning Hearing (provided under separate cover)

ATTACHMENTSAgenda Work Session minutes

Regular Meeting minutes

Comm. Dist.

All


of 272

MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION


NOVEMBER 1, 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, November 11, 2013 which

began at 10:03 a.m. in the 3rd

floor conference room, 100 Cherokee Street, Marietta,

Georgia, for the purpose of receiving information and participating in discussion

regarding the November 12, 2013 agenda. Present and comprising a quorum of the

Board were:

Chairman Tim Lee

Vice Chair JoAnn Birrell

Commissioner Lisa Cupid

Commissioner Helen Goreham

Commissioner Bob Ott

No official action was taken by the Board.

ADJOURNMENT

The discussion concluded at 9:23 a.m.

_____________________________________

Candace W. Ellison, CCC

County Clerk

Cobb County Board of Commissioners

of 272

MINUTES OF REGULAR MEETING


NOVEMBER 12, 2013

9:00 A.M.

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

Tuesday, November 12, 2013 at 9:00 a.m. in the second floor public meeting room in the

Cobb County Building, Marietta, Georgia. Present and comprising a quorum of the

Board were:

Chairman Tim Lee

Commissioner JoAnn Birrell

Commissioner Lisa Cupid

Commissioner Helen Goreham

Commissioner Bob Ott

1. CALL TO ORDER – CHAIRMAN LEE

Chairman Lee called the meeting to order at 9:04 a.m.

2. PRESENTATION OF CHECK TO THE MAKE-A-WISH FOUNDATION

REPRESENTING FUNDS RAISED IN THE THIRTEENTH ANNUAL

COBB COUNTY MAKE-A-WISH 5K

Mr. David Hankerson, County Manager, and John Houser, Police Chief and

Chairman of the Cobb County Make-A-Wish 5K Committee, provided information on

this year’s event and presented a check in the amount of $30,000.00 to Mr. John Brennen,

representing the Make-A-Wish Foundation of Georgia and Alabama. The funds, raised

by the thirteenth annual Cobb County Make-A-Wish 5K, will help grant the wishes of

Cobb County children with life threatening illnesses.

3. PRESENTATION OF CHECK TO SAFE KIDS COBB COUNTY

REPRESENTING FUNDS RAISED IN THE TENTH ANNUAL COBB

PUBLIC SAFETY CHARITY GOLF CLASSIC

Fire Chief Sam Heaton presented a check in the amount of $56,000.00 to Safe

Kids Cobb County representing funds raised in the tenth annual Cobb Public Safety

Charity Golf Classic.

4. SUPPORT SERVICES AGENCY

Purchasing

4A. CONDUCT OF PUBLIC HEARING PRIOR TO EMPLOYING AN

INDEPENDENT CONSULTANT OR CONSULTING FIRM

WHERE CONTRACT FEES MAY EXCEED $100,000.00, FOR

LEGISLATIVE CONSULTING SERVICES AT THE STATE AND

FEDERAL LEVELS

Mr. Joe Tommie, Purchasing Director, provided information and asked

that the Public Hearing be conducted prior to employing an independent

consultant or consulting firm where contract fees may exceed $100,000.00, for

legislative consulting services at the State and Federal levels. Chairman Lee

opened the Public Hearing and asked those persons wishing to speak to come

forward.

There being no public comment, the Public Hearing was closed.


of 272



NOVEMBER 12, 2013

PAGE 2

5. PUBLIC COMMENT – MR. ROBERT BURKE

Mr. Robert Burke addressed the Board regarding the proposed moratorium on

accepting applications for rezoning to the Continuing Care Retirement Community

(CCRC) district, and government spending.

6. PUBLIC COMMENT – MS. JAN BARTON

Ms. Jan Barton addressed the Board regarding various issues of concern.

7. PUBLIC COMMENT – MR. JIM THOMPSON

Mr. Jim Thompson addressed the Board regarding the County’s strategic plan and

the stormwater management program.

8. PUBLIC COMMENT – MR. BILL MULL

Mr. Bill Mull addressed the Board regarding issues related to public safety.

9. PUBLIC COMMENT – MR. MICHAEL PARRIS

Mr. Michael Parris addressed the Board in support of the proposed moratorium on

accepting applications for rezoning to the Continuing Care Retirement Community

(CCRC) district.

10. AUTHORIZATION TO MOVE CONSENT ITEM 15 TO THE REGULAR

AGENDA

MOTION: Motion by Cupid, second by Ott, to move Consent Item 15 (see Item

12O of these minutes) from Consent to the Regular Agenda, Tab 5 (see Item 13I

of these minutes).

VOTE: ADOPTED unanimously

11. AUTHORIZATION TO ADD THE FOLLOWING NON-AGENDA ITEM

TO THIS AGENDA FOR CONSIDERATION

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

following non-agenda item to this agenda for consideration:

TAB 4, ITEM 40 – CONSENT – To authorize the settlement of a workers’

compensation claim on behalf of Damon Horn.


of 272



NOVEMBER 12, 2013

PAGE 3

12. CONSENT AGENDA

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

items on the Consent Agenda, as revised, and with the exception of Consent Item

15 (see Item 12O of these minutes) which was moved from the Consent Agenda to

the Regular Agenda, Tab 5 (see Item 13I of these minutes), and authorize the

appropriate County personnel to execute the necessary documents.

WATER SYSTEM AGENCY

Engineering

12A. APPROVAL OF CONSTRUCTION CONTRACT WITH SAK

CONSTRUCTION, LLC FOR I-75 BRIDGE WATER MAIN

RELINING - WATER SYSTEM

To approve a construction contract with SAK Construction, LLC, in the

amount of $198,400.00, for I-75 Bridge Water Main Relining, Program

No. W2265; authorize the corresponding budget transactions; and

further authorize the Chairman to execute the necessary documents.

Funding is available in the Water System’s Unidentified

New/Replacement Water Main Adopted CIP Budget for Fund 510,

Department 500, Unit 5754, Program No. W2265.

Transfer from:

Unidentified New/Replacement Water Main

Preliminary Estimates

510-500-5754-8005 W1503-Z $203,360.00

Transfer to:

I-75 Bridge Water Main Relining

Construction

510-500-5754-8260 W2265-C $198,400.00

Interest Expense on Retainage

510-500-5754-6613 W2265-A $ 990.00

Contingency

510-500-5754-8810 W2265-T $ 3,970.00

Total $203,360.00

12B. APPROVAL OF CHANGE ORDER NO. 1 TO THE

CONSTRUCTION CONTRACT WITH D & H CONSTRUCTION

COMPANY, INC. FOR SPRING VALLEY ROAD SEWER

REPLACEMENT - WATER SYSTEM

To approve Change Order No. 1 to the construction contract with D & H

Construction Company, in the amount of $30,357.19, for the Spring

Valley Road Sewer Replacement, Program No. S1103; authorize the

corresponding budget transactions; and further authorize the Chairman

to execute the necessary documents.

Funding is available in the Water System’s Unidentified New &

Replacement Sewer Lines Adopted CIP Budget for Fund 510, Department

500, Unit 5755, Program S1103.

Transfer from:

Unidentified New & Replacement Sewer Lines


510-500-5755-8005 S2503-Z $ 30,357.19

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NOVEMBER 12, 2013

PAGE 4

12. CONSENT AGENDA (CONT.)

WATER SYSTEM AGENCY (CONT.)

Engineering (cont.)

12B. APPROVAL OF CHANGE ORDER NO. 1 TO THE

CONSTRUCTION CONTRACT WITH D & H CONSTRUCTION

COMPANY, INC. FOR SPRING VALLEY ROAD SEWER

REPLACEMENT - WATER SYSTEM (CONT.)

Transfer to:

Spring Valley Road Sewer Replacement

Construction Change Order No. 1

510-500-5755-8260 S1103-C $ 30,357.19

Increase Encumbrance:

GAE 500 510062513403

510-500-5755-8260 S1103-C $ 30,357.19

12C. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) WITH SITE

ENGINEERING, INC. FOR THE ALBANY DRIVE (ACWORTH)

SEWER REHABILITATION - WATER SYSTEM

To approve Change Order No. 1 (final) under the Unit Price Contract for

Water, Sewer, and Miscellaneous Services with Site Engineering, Inc., a

savings to the project in the amount of $9,920.50, for the Albany Drive

(Acworth) Sewer Rehabilitation, Program No. S1099; authorize the



Funding: No additional funding is required for the Water System’s

Unidentified New & Replacement Sewer Lines Adopted CIP Budget for

Fund 510, Department 500, Unit 5755, Program S1099.

Decrease Encumbrance:

GAE 510022613401

510-500-5755-8260 S1099-C $ 9,920.50

Transfer from:

Albany Drive (Acworth) Sewer Rehabilitation

Change Order No. 1 (final)

Construction

510-500-5755-8260 S1099-C $ 9,920.50


510-500-5755-6613 S1099-A $ 400.00

Administration

510-500-5755-8205 S1099-A $ 500.00

Contingency

510-500-5755-8810 S1099-T $ 2,000.00

Total $12,820.50

Transfer to:



510-500-5755-8005 S2503-Z $12,820.50

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Engineering (cont.)

12D. APPROVAL OF WORK ORDER WITH SITE ENGINEERING,

INC. FOR THE RUBES CREEK FORCE MAIN DISCHARGE

MANHOLE REPLACEMENT - WATER SYSTEM

To approve a work order under the FY12-FY13 Unit Price Contract for

Water, Sewer, and Miscellaneous Services with Site Engineering, Inc., in

the amount of $155,991.00, for Rubes Creek Force Main Discharge

Manhole Replacement, Program No. S2054; authorize the corresponding

budget transactions; and further authorize the Chairman to execute the

necessary documents.

Funding is available in the Water System’s Unidentified New &

Replacement Sewer Lines Adopted CIP Budget for Fund 510, Department

500, Unit 5755, Program S2054.

Transfer from:



510-500-5755-8005 S2503-Z $159,771.00

Transfer to:

Rubes Creek Force Main Discharge Manhole Replacement

Construction

510-500-5755-8260 S2054-C $155,991.00


510-500-5755-6613 S2054-A $ 780.00

Contingency

510-500-5755-8810 S2054-T $ 3,000.00

Total $159,771.00

12E. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT A

PUBLIC HEARING FOR EMPLOYMENT OF CONSULTANT

SERVICES FOR DESIGN SERVICES FOR FY15 MAINTENANCE

ZONES 1 AND 3 WATER MAIN REPLACEMENT - WATER

SYSTEM

To authorize the advertisement for and conduct of a public hearing for

employment of consultant services where contract fees will likely exceed

$100,000.00 for design services for FY15 Maintenance Zones 1 and 3

Water Main Replacement, Program No. W2284.

12F. AUTHORIZATION TO ADVERTISE AND CONDUCT A PUBLIC

HEARING FOR EMPLOYMENT OF CONSULTANT SERVICES

FOR DESIGN SERVICES FOR FY15 MAINTENANCE ZONE 4

WATER MAIN REPLACEMENT - WATER SYSTEM



$100,000.00 for design services for FY15 Maintenance Zone 4 Water

Main Replacement, Program No. W2274.

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NOVEMBER 12, 2013

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Engineering (cont.)

12G. AUTHORIZATION TO ADVERTISE AND CONDUCT A PUBLIC

HEARING FOR EMPLOYMENT OF CONSULTANT SERVICES

FOR DESIGN SERVICES FOR FY15 MAINTENANCE ZONE 2

WATER MAIN REPLACEMENT- WATER SYSTEM



$100,000.00 for design services for FY15 Maintenance Zone 2 Water

Main Replacement, Program No. W2279.

Stormwater

12H. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONSTRUCTION CONTRACT WITH W. E. CONTRACTING

CO., INC. FOR 1942 CLINTON DRIVE - WATER SYSTEM

To approve Change Order No. 1 (final) to the contract with W. E.

Contracting Co., Inc., a savings to the project in the amount of $16,173.20,

for 1942 Clinton Drive, Program No. SW1387; authorize the

corresponding budget transaction; and further authorize the Chairman to

execute the necessary documents.


Stormwater 1942 Clinton Drive, Drainage Contract R&M Service, Fund

510, Department 500, Unit 5758, Program No. SW1387.


GAE 500 510092512403

510-500-5758-6496 SW1387-C $ 16,173.20

Transfer from:

1942 Clinton Drive Drainage Contract R&M Service

Change Order No.1 (final)

510-500-5758-6496 SW1387-C $ 16,173.20

Transfer to:

Stormwater Repair & Restoration

Preliminary Estimate

510-500-5758-8005 SW2012-Z $ 16,173.20

12I. APPROVAL OF CONSTRUCTION CONTRACT WITH GEORGIA

DEVELOPMENT PARTNERS, LLC FOR DRAINAGE

IMPROVEMENTS FOR ORIOLE DRIVE - WATER SYSTEM

To approve a construction contract under the 2013 Stormwater

Management Unit Price Agreement with Georgia Development Partners,

LLC, in the amount of $134,499.00, for Drainage Improvements for

Oriole Drive, Program No. SW1417; authorize the corresponding budget

transaction; and further authorize the Chairman to execute the necessary

documents.

Funding is available in the Water System’s Stormwater Multi-Year

Adopted Budget for Fund 510, Department 500, Unit 5758, Program No.

SW1417.

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NOVEMBER 12, 2013

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Stormwater (cont.)

12I. APPROVAL OF CONSTRUCTION CONTRACT WITH GEORGIA

DEVELOPMENT PARTNERS, LLC FOR DRAINAGE

IMPROVEMENTS FOR ORIOLE DRIVE - WATER SYSTEM

(CONT.)

Transfer from:

Stormwater Multi-Year Budget

Drainage Contract R&M Service

510-500-5758-6496 SW9999-Z $134,499.00

Transfer to:

Drainage Improvements for Oriole Drive


510-500-5758-6496 SW1417-C $134,499.00

12J. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONSTRUCTION CONTRACT WITH CHATFIELD

CONTRACTING, INC. FOR BLACKJACK DRIVE/BENT CREEK

DRIVE - WATER SYSTEM

To approve Change Order No. 1 (final) to the contract with Chatfield

Contracting, Inc., a savings to the project in the amount of $17,709.86, for

the Blackjack Drive/Bentcreek Drive, Program No. SW1407; authorize

the corresponding budget transaction; and further authorize the

Chairman to execute the necessary documents.


Stormwater Blackjack Drive/Bentcreek Drive, Drainage Contract R&M

Service, Fund 510, Department 500, Unit 5758, Program No. SW1407.


GAE 500 510061113302

510-500-5758-6496 SW1407-C $ 17,709.86

Transfer from:

Blackjack Drive/Bentcreek Drive


Change Order No.1 (Final )

510-500-5758-6496 SW1407-C $ 17,709.86

Transfer to:

Stormwater Multi-Year Budget


510-500-5758-6496 SW9999-Z $ 17,709.86

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NOVEMBER 12, 2013

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TRANSPORTATION AGENCY

Administration

12K. AUTHORIZATION TO CREATE EIGHT NEW STREET LIGHT

DISTRICTS – TRANSPORTATION

To authorize the creation of eight new Street Light Districts as follows:

Commission

District Street Light District Name Type

Monthly

Rate

1 Ford Creek Estates Residential $3.50

3 Lassiter Ridge Residential $3.50

4 Merrion Park Residential $3.50

3 Mill Creek Estates Residential $3.50

1 Oak Grove, Unit II Residential $3.50

2 Oak Lane Ridge Residential $3.50

1 Sandtown Park Residential $3.50

1 The Heritage at Kennesaw Mountain, Unit II, Phase I Residential $3.50

Funding: Available in the Department's approved FY14 Street Light

District Program budget as follows:

235-050-SLD1-6472

12L. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT A

PUBLIC HEARING FOR THE PROPOSED CLOSURE OF A

PORTION OF FREY LAKE ROAD – TRANSPORTATION

To authorize the advertisement for and conduct of a public hearing for the

proposed closure of a portion of Frey Lake Road, located in Land Lot 97

of the 20th District, 2nd Section, Cobb County, Georgia.

12M. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT A

PUBLIC HEARING FOR THE PROPOSED CLOSURE AND

ABANDONMENT OF A PORTION OF MISTY LANE –

TRANSPORTATION

To authorize the advertisement for and conduct of a public hearing for the

proposed closure and abandonment of a portion of Misty Lane, located in

Land Lot 761 of the 17th

District, 2nd

Section, Cobb County, Georgia.

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NOVEMBER 12, 2013

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TRANSPORTATION AGENCY (CONT.)

Transit

12N. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO

CONTRACT NO. T002964 WITH THE STATE OF GEORGIA

DEPARTMENT OF TRANSPORTATION TO EXTEND THE

CONTRACT TERM FOR TRANSIT CAPITAL PROJECTS –

TRANSPORTATION

To approve Supplemental Agreement No. 1 to Contract No. T002964

with the State of Georgia Department of Transportation (GDOT), as

approved by the County Attorney's office, to extend the contract term for

transit capital projects through December 31, 2014; and authorize the


12O. REQUEST FOR AUTHORIZATION TO DEVELOP A COBB

COMMUNITY TRANSIT ROUTE 30 SERVICE MODIFICATION,

TRANSIT SERVICE AND MARKETING STUDY (2011)

RECOMMENDATIONS AND FLEX ROUTE TRANSIT SERVICE

EVALUATION AND IMPLEMENTATION PLAN –

TRANSPORTATION

This agenda item was moved from the Consent Agenda to the Regular

Agenda, Tab 5 (see Item 13I of these minutes).

SUPPORT SERVICES AGENCY

Information Services

12P. APPROVAL OF CONTRACT WITH KUCERA INTERNATIONAL,

INC. FOR GIS PLANIMETRIC MAPPING ENHANCEMENTS –

INFORMATION SERVICES

To approve a contract with Kucera International, Inc., in an amount not to

exceed $339,060.00, for GIS Planimetric Mapping Enhancements,

authorize the corresponding budget transactions, and further authorize

the Chairman to execute the necessary documents.

Funding: Funding is available in the Water System’s CIP Adopted Budget

for Fund 510, Department 500, Unit 5752, Program No. C0134.

Transfer from:


510-500-5758-8005 (SW2012-Z) $339,060.00

Transfer to:

GIS Planimetric Mapping Enhancements

Other Capital Expenditures

510-500-5752-8275 (C0134-P) $339,060.00

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NOVEMBER 12, 2013

PAGE 10


SUPPORT SERVICES AGENCY (CONT.)

Information Services (cont.)

12Q. APPROVAL OF GOVERNMENT WIRELESS SERVICES

AGREEMENT WITH SPRINT SOLUTIONS, INC. FOR AN

AUTOMATIC VEHICLE LOCATION SYSTEM – INFORMATION

SERVICES

To approve a Government Wireless Services Agreement with Sprint

Solutions, Inc., for an Automatic Vehicle Location (AVL) system,

and authorize the Chairman to execute the necessary documents.

Funding: Established purchasing procedures will be followed by

departments placing orders for Geotab GPS devices and AVL

services from funds which have been budgeted and identified for that

purpose.

Property Management

12R. APPROVAL OF TWO NEW LEASES WITH THE STATE OF

GEORGIA PROPERTIES COMMISSION ON BEHALF OF THE

GEORGIA DEPARTMENT OF DRIVERS SERVICES FOR TWO

NEW DRIVERS LICENSING FACILITIES - PROPERTY

MANAGEMENT

To approve two new leases with the State of Georgia Properties

Commission on behalf of the Georgia Department of Drivers Services, for

two new drivers licensing facilities to be constructed by the County at

3740 Highway 293, Kennesaw, Georgia and at 1605 County Services

Parkway, Marietta, Georgia, for terms of twenty years with two five-year

renewal options; authorize the issuance of a Request for Proposals

(RFP) from interested design/build firms to construct the facilities;

approve a $50,000.00 allowance from project funds for soil testing of

both properties and preparation of baseline design documents; authorize

the corresponding budget transactions; and further authorize the

Chairman to execute the necessary documents. Copies of said leases are

on file in the Office of the County Clerk.

Funding: Funding for the engineering allowance is available with the

appropriation of Lease Revenue into the capital project as follows:

Increase revenue:

380-110-4493-4870 (lease revenue) $50,000.00

Increase expenditure:

380-110-4493-8033 (site planning) $50,000.00

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NOVEMBER 12, 2013

PAGE 11


SUPPORT SERVICES AGENCY (CONT.)

Property Management (cont.)

12S. APPROVAL OF CHANGE ORDER NO. 1 TO THE CONTRACT

WITH GFI GENFARE FOR THE INSTALLATION OF TWO HIGH

CAPACITY STATIONARY VAULTS AT THE COBB

COMMUNITY TRANSIT ADMINISTRATION FACILITY –

PROPERTY MANAGEMENT

To approve Change Order No.1 to the contract with GFI Genfare, a

Division of SPX Corporation, in an amount not to exceed $6,160.01, for

the installation of two high capacity stationary vaults, to include disposal

of one existing vault and relocation of one existing vault located at the

Cobb Community Transit (CCT) Administration Facility; authorize the

corresponding budget transaction; and further authorize the Chairman to

execute the necessary documents.

Funding: Available in the FY13 approved Transit Capital Project Fund

budget with the following budget transfer:

Transfer from: 202-050-4864-8005 $6,160.01

Transfer to: 202-050-4864-8490 $6,160.01

12T. APPROVAL OF CONTRACT WITH GARLAND/DESIGN-BUILD

SOLUTIONS, INC. FOR ROOF REPLACEMENT OF THE FUEL

ISLAND BUILDING ON COMMERCE PARK DRIVE -

PROPERTY MANAGEMENT

To approve a contract with Garland/Design-Build Solutions, Inc., in an

amount not to exceed $90,000.00, for roof replacement of the Fuel Island

building located behind the Cobb Community Transit Administration

Facility on Commerce Park Drive; authorize the corresponding budget

transactions; and further authorize the Chairman to execute the


Funding: Federal and local funding is available in the Transit’s Divisions

approved Capital Projects Fund with the following budget transfer,

utilizing Federal Transit Administration Grant No. GA-90-X280 funding:

Transfer from:

202-050-4826-8005 (Preliminary Estimate) $90,000.00

Transfer to:

202-050-4826-8111 $90,000.00

(Roofing Installation/Bldgs & Structures)

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NOVEMBER 12, 2013

PAGE 12


PUBLIC SAFETY AGENCY

Fire and Emergency Services

12U. AUTHORIZATION TO ACCEPT A DONATION FROM THE

GEORGIA FIREFIGHTER’S BURN FOUNDATION, INC. FOR

FIRE AND LIFE SAFETY EDUCATION AND PREVENTION

PROGRAMS AND SUPPLIES - FIRE AND EMERGENCY

SERVICES

To authorize the acceptance of a donation from the Georgia Firefighter’s

Burn Foundation, Inc., in the amount of $6,771.88, for Fire and Life

Safety Education and Prevention programs and supplies; and further

authorize the corresponding budget transactions.

Funding: Appropriate receipt of revenue as follows:

Increase Revenue:

270-130-G264-4506 (other local revenue) $6,771.88

Increase Expenditure:

270-130-G264-6207 (safety supplies) $6,771.88

12V. AUTHORIZATION TO APPLY FOR AND ACCEPT HOMELAND

SECURITY GRANT FUNDS PASSED THROUGH THE GEORGIA

EMERGENCY MANAGEMENT AGENCY/HOMELAND

SECURITY FOR CONTINUED ENHANCEMENT OF

CAPABILITIES OF THE SEARCH AND RESCUE TEAM – FIRE

AND EMERGENCY SERVICES

To authorize the application for and acceptance of Homeland Security

funds passed through the Georgia Emergency Management

Agency/Homeland Security (GEMA), in the amount of $20,000.00,

for continued enhancement of capabilities of the Search and Rescue

Team; authorize the corresponding budget transactions; and further

authorize the Chairman to execute the necessary documents.

Funding:

Increase revenue:

270-130-G282-4493 (GEMA) $20,000.00

Increase expense:

270-130-G282-6207 (Safety Supplies) $20,000.00

12W. AUTHORIZATION TO APPLY FOR FY13 HOMELAND

SECURITY GEORGIA SEARCH AND RESCUE TEAM GRANT

FUNDING - FIRE AND EMERGENCY SERVICES

To authorize the application for FY13 Homeland Security Georgia Search

and Rescue (GSAR) team grant funding.

12X. AUTHORIZATION TO ACCEPT A SPONSORSHIP FOR FOUR

FIREFIGHTING PERSONNEL TO ATTEND TECHNICAL

LARGE ANIMAL RESCUE TRAINING - FIRE AND

EMERGENCY SERVICES

To authorize the acceptance of a sponsorship for four firefighting

personnel to attend Technical Large Animal Rescue Training from

Michelle Akers Horse Rescue and Outreach, Inc.

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NOVEMBER 12, 2013

PAGE 13


PUBLIC SAFETY AGENCY (CONT.)

Fire and Emergency Services (cont.)

12Y. AUTHORIZATION TO ACCEPT A DONATION FROM

MARATHON PETROLEUM FOR PROCUREMENT OF

EQUIPMENT AND SUPPLIES TO ENHANCE EMERGENCY

RESPONSE - FIRE AND EMERGENCY SERVICES

To authorize the acceptance of a donation from Marathon Petroleum, in

the amount of $3,000.00, for procurement of equipment and supplies to

enhance emergency response; and further authorize the corresponding

budget transactions.

Funding:

Increase revenue:

270-130-G279-4920 (Gifts & Donations) $3,000.00

Increase expenditure:

270-130-G279-6207 (Firefighting Supplies) $3,000.00

12Z. AUTHORIZATION TO ACCEPT DONATIONS FROM VARIOUS

COMMUNITY DONORS FOR SUPPORT OF THE PUBLIC

SAFETY EDUCATION BLOCK PARTY – FIRE AND

EMERGENCY SERVICES

To authorize the acceptance of donations from the Georgia Firefighters

Burn Foundation, United Way of Greater Atlanta, and the Zoe City

Church, in the amounts of $750.00, $200.00, and $200.00 respectively, for

support of the Cobb County Public Safety Education Block Party; and

further authorize the corresponding budget transactions.

Funding:

Increase Revenue:

230-130-1000-4920 (Gifts & Donations) $1,150.00

Increase Expenditure:

230-130-1000-6155 (Education & Training Supplies) $1,150.00

12AA. AUTHORIZATION TO ACCEPT A DONATION OF EXERCISE

EQUIPMENT FROM BILL AND CHERYL HOLLIDAY - FIRE

AND EMERGENCY SERVICES

To authorize the acceptance of a donation of exercise equipment from

Bill and Cheryl Holliday.

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NOVEMBER 12, 2013

PAGE 14


COMMUNITY DEVELOPMENT AGENCY

Planning Division

12BB. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT A

PUBLIC HEARING FOR PLANNING SERVICES FOR THE

DEVELOPMENT OF A JOINT LAND USE STUDY IN

PARTNERSHIP WITH DOBBINS AIR RESERVE BASE, THE

CITY OF MARIETTA, AND THE CITY OF SMYRNA -

PLANNING DIVISION

To authorize the advertisement for and conduct of a public hearing to

secure planning services for the development of a Joint Land Use Study in

partnership with Dobbins Air Reserve Base, the City of Marietta, and the

City of Smyrna; and further authorize the issuance of a Request for

Proposals utilizing Selection Process 2 (Competitive Proposals).

Business License Division

12CC. AFFIRMATION OF DECISION BY THE LICENSE REVIEW

BOARD TO RECOMMEND A FOUR-DAY SUSPENSION OF THE

BEER, WINE, AND SUNDAY SALES PACKAGE LICENSES FOR

PUBLIX SUPERMARKETS, INC. D/B/A PUBLIX NO. 146,

PHILLIP ROSSEN, LICENSEE - BUSINESS LICENSE DIVISION

To affirm the October 10, 2013 decision by the License Review Board to

recommend a four day (Sunday through Wednesday) suspension of the

beer, wine, and Sunday sales package licenses for Publix Supermarkets,

Inc., d/b/a Publix Supermarkets No. 146, 4430 Wade Green Road,

Kennesaw, Georgia, Phillip Rossen, licensee.

12DD. AFFIRMATION OF DECISION BY THE LICENSE REVIEW

BOARD TO RECOMMEND A FOUR-DAY SUSPENSION OF THE

BEER, WINE, AND SUNDAY SALES PACKAGE LICENSES FOR

RACETRAC PETROLEUM, INC. D/B/A RACETRAC NO. 434,

ERIC RITTER, LICENSEE - BUSINESS LICENSE DIVISION

To affirm the October 10, 2013 decision by the License Review Board to

recommend a four day (Sunday through Wednesday) suspension of the

beer, wine, and Sunday sales package licenses for Racetrac Petroleum,

Inc. d/b/a Racetrac No. 434, 4350 Wade Green Road, Kennesaw, Georgia,

Eric Ritter, licensee.

COUNTY MANAGER

12EE. AUTHORIZATION TO ADVERTISE A REQUEST FOR

PROPOSALS FROM INTERESTED DESIGN/BUILD FIRMS TO

RENOVATE THE BUILDING LOCATED AT 277 FAIRGROUND

STREET – COUNTY MANAGER

To authorize the advertisement of a Request for Proposals from interested

design/build firms to renovate the building located at 277 Fairground

Street, Marietta, Georgia.

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NOVEMBER 12, 2013

PAGE 15


COUNTY MANAGER (CONT.)

12FF. AUTHORIZATION TO SELL TO MR. ROBERT CLARK

CERTAIN SURPLUS REAL PROPERTY LOCATED AT 32

NORTH FAIRGROUND STREET THROUGH THE BROKERAGE

FIRM OF MCWHIRTER REALTY PARTNERS – COUNTY

MANAGER

To authorize the sale to Mr. Robert Clark, certain surplus property

located at 32 North Fairground Street through the brokerage firm of

McWhirter Realty Partners, pursuant to the terms of the attached Purchase

and Sale Agreement; authorize the corresponding budget transactions;

and further authorize the Chairman to execute the necessary documents.

A copy of the Purchase and Sale Agreement is attached and made a part of

these minutes.

ECONOMIC DEVELOPMENT

12GG. AUTHORIZATION TO ACCEPT THREE GRANT AWARDS

FROM THE GOVERNOR’S OFFICE OF WORKFORCE

DEVELOPMENT FOR COBBWORKS, THE LOCAL

WORKFORCE INVESTMENT BOARD, FOR EMPLOYMENT

AND TRAINING SERVICES FOR ADULT AND DISLOCATED

WORKERS - ECONOMIC DEVELOPMENT

To authorize the acceptance of three grant awards from the Governor’s Office of

Workforce Development for CobbWorks, the local Workforce Investment Board,

to provide employment and training services for adult and dislocated workers in

the amounts of $1,303,514.00 for the Adult Program, $1,278,532.00 for the

Dislocated Worker Program, and $119,599.00 for the Rapid Response Program;

authorize the corresponding budget transactions; and further authorize the

Chairman to execute the necessary documents. A copy of FY14 Adult

Dislocated Rapid Response Program Award is attached and made a part of these

minutes.

Funding:

Increase Revenue:

276 120 WF14 4430 (Adult Program) $1,303,514.00

276 120 WF14 4430 (Dislocated Worker) $1,278,532.00

276 120 WF14 4430 (Rapid Response) $ 119,599.00

Total $2,701,645.00

Increase Expenditures:

276 120 WF14 WF14AD P (Adult Program) $1,173,163.00

276 120 WF14 WF14AD A (Admin-Adult Program) $ 130,351.00

Total $1,303,514.00


276 120 WF14 WF14DW P (Dislocated Workers Program) $1,150,679.00

276 120 WF14 WF14DW A (Admin-Dislocated Worker) $ 127,853.00

Total $1,278,532.00


276 120 WF14 WF14RR P (Rapid Response Program) $ 107,639.00

276 120 WF14 WF14RR A (Admin-Rapid Response) $ 11,960.00

Total $ 119,599.00

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NOVEMBER 12, 2013

PAGE 16


ECONOMIC DEVELOPMENT (CONT.)

Community Development Block Grant (CDBG)

12HH. AUTHORIZATION TO SUBMIT THE PROGRAM YEAR 2014

ANNUAL ACTION PLAN AND ACCEPT GRANT FUNDING

FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT,

HOME INVESTMENT PARTNERSHIPS ACT, AND

EMERGENCY SOLUTIONS GRANT PROGRAMS – CDBG

To authorize the submission of the PY14 Annual Action Plan for Cobb

County and acceptance of grant funding from HUD through the

Community Development Block Grant, Home Investment Partnerships

Act, and Emergency Solutions Grant Programs; authorize the



Funding: The estimated funding levels, as depicted in Attachments A, B,

and C, are based on 70% of PY13 funding levels. Funding amounts for the

PY14 CDBG, HOME, and ESG Programs are as follows:

The Board will allocate grant funding as specified in Attachments A, B,

and C (attached and made a part of these minutes).

CDBG Program $2,769,121.00

HOME Program $1,043,000.00

ESG Program $ 139,029.00

Total $3,951,150.00

FINANCE

12II. 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.

SUPERIOR COURT

12JJ. AUTHORIZATION TO APPLY FOR MENTAL HEALTH COURT

GRANT FUNDS FROM THE CRIMINAL JUSTICE

COORDINATING COUNCIL – SUPERIOR COURT

To authorize the application for Mental Health Court grant funds from the

Criminal Justice Coordinating Council.

12KK. AUTHORIZATION TO APPLY FOR DRUG COURT GRANT

FUNDS FROM THE CRIMINAL JUSTICE COORDINATING

COUNCIL – SUPERIOR COURT

To authorize the application for Drug Court grant funds from the

Criminal Justice Coordinating Council.

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NOVEMBER 12, 2013

PAGE 17


SHERIFF’S OFFICE

12LL. APPROVAL OF THIRD YEAR OF A FOUR-YEAR, ANNUALLY-

RENEWABLE CONTRACT FOR FOOD SERVICES AT THE

ADULT DETENTION CENTER – SHERIFF

To approve a 2.3% increase in the food service agreement, extend the

contract for an additional year with A'viands (LLC); and authorize the


Funding: Available in Sheriff's Office FY14 Budget: 010-210-9240-6355

(Food Service)

COUNTY CLERK

12MM. APPROVAL OF MINUTES – COUNTY CLERK

To approve the minutes of the following meetings:

October 21, 2013 – Agenda Work Session

October 22, 2013 – Special Called Meeting/Work Session

October 22, 2013 – Regular Meeting of the Board

HUMAN RESOURCES

12NN. APPROVAL OF SETTLEMENT OF WORKERS’

COMPENSATION CLAIM ON BEHALF OF DAMON HORN –

HUMAN RESOURCES

To approve the settlement of the workers’ compensation claim for Damon

Horn, SBWC# 2012-019473, in the amount of $20,000.00, with no open

medical, and further authorize the Human Resources Director and the

Workers’ Compensation Administrator to execute the necessary

documents.

Funding: Available in the Workers’ Compensation Claims Fund

CONSENT VOTE: ADOPTED unanimously

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NOVEMBER 12, 2013

PAGE 18

13. TRANSPORTATION AGENCY

Engineering

13A. RATIFICATION OF PREVIOUS ACTION BY THE COUNTY

MANAGER AUTHORIZING THE EMERGENCY REPAIR OF A

SEGMENT OF CROCKETT DRIVE – TRANSPORTATION

MOTION: Motion by Ott, second by Birrell, to ratify previous action by

the County Manager authorizing emergency repairs to a segment of

Crockett Drive; approve Project No. E2210-WO#03 to the 2013

Countywide Unit Price Contract with Chatfield Contracting, Inc., in an

amount not to exceed $103,520.00, for said repairs, MIS Contract No.

000612; 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-E002-E221-8761-E2210-C $103,520.00

Transfer to: 345-050-E002-E221-8762-E2210-C $103,520.00


13B. APPROVAL OF CONTRACT WITH BALDWIN PAVING

COMPANY, INC. FOR PEDESTRIAN IMPROVEMENTS AND

STREETSCAPE ON SR120/DALLAS HIGHWAY STREETSCAPES

– TRANSPORTATION

MOTION: Motion by Goreham, second by Ott, to approve a contract

with Baldwin Paving Company, Inc., in an amount not to exceed

$2,955,549.22, for pedestrian improvements and streetscape on

SR120/Dallas Highway Streetscapes, Phase 1, State Project No. CM000-

0004-00(508), State P. I. No. 0004508, Cobb County Project No. D11B0,

MIS Contract No. 000595; authorize the corresponding budget





Transfer from: 340-050-7511-D11B-8761-D11B0-C $2,905,915.34

Transfer to: 340-050-7511-D11B-8762-D11B0-C $2,905,915.34

Decrease appropriation of Georgia Department of Transportation (GDOT)

revenue for State Contract CM000-0004-00(508) to adjust GDOT funding

budgeted to actual contract award, as follows:

Decrease Revenue Appropriation:

340-050-7511-D11B-4466-D11B0-C $ 135,560.00

Decrease Expenditure Appropriation:

340-050-7511-D11B-8761-D11B0-C $ 135,560.00

Available in the Water System’s SPLOST Projects-Relocate Lines FY07

Adopted CIP Budget with the following budget transfers:

Transfer from:

SPLOST Projects-Relocate Line FY07 Preliminary Estimates

510-500-5756-8005-W4069-Z $ 51,383.88

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NOVEMBER 12, 2013

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13. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

13B. APPROVAL OF CONTRACT WITH BALDWIN PAVING

COMPANY, INC. FOR PEDESTRIAN IMPROVEMENTS AND

STREETSCAPE ON SR120/DALLAS HIGHWAY STREETSCAPES

– TRANSPORTATION (CONT.)

Transfer to:

SR120/Dallas Highway Streetscapes, Phase 1 Construction

510-500-5756-8260-W4281-C $ 49,633.88


510-500-5756-6613-W4281-A $ 250.00

Meter Purchase Replacement

510-500-5756-8265-W4281-M $ 500.00

Contingency 510-500-5756-8810-W4281-T $ 1,000.00

Total $ 51,383.88


13C. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH C. W. MATTHEWS CONTRACTING

COMPANY, INC. FOR THOROUGHFARE IMPROVEMENTS ON

BIG SHANTY ROAD EXTENSION, PHASE 2 –

TRANSPORTATION

MOTION: Motion by Goreham, second by Ott, to approve Change Order

No. 1 (final) to the contract with C.W. Matthews Contracting Company,

Inc., a savings to the project in the amount of $578,979.83, for

thoroughfare improvements on Big Shanty Road Extension, Phase 2,

Project No. D4030, MIS Contract No. 000432; authorize the



Funding: A savings to the 2005 SPLOST Transportation Improvements

Program Fund.

Decrease GAE 340011811503:

340-050-7504-D403-8762-D4030-C $581,513.83

Available in the Water System’s SPLOST Projects-Relocate Lines


Transfer from:

SPLOST Projects-Relocate Lines


510-500-5756-8005-W4069-Z $ 2,534.00

Transfer to:

Big Shanty Road Extension Phase 2 Thoroughfare Improvements

Construction

510-500-5756-8260-W4192-C $ 2,534.00

Increase GAE 510011811503:

510-500-5756-8260-W4192-C $ 2,534.00

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Engineering (cont.)

13C. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH C. W. MATTHEWS CONTRACTING

COMPANY, INC. FOR THOROUGHFARE IMPROVEMENTS ON

BIG SHANTY ROAD EXTENSION, PHASE 2 –

TRANSPORTATION (CONT.)

Decrease receipt of revenue from Town Center Area Community

Improvement District as follows:

Decrease Revenue Appropriation:

340-050-7504-D403-4505-D4030-C $578,979.83

Decrease Expenditure Appropriation:

340-050-7504-D403-8761-D4030-C $578,979.83


13D. APPROVAL OF CONTRACT WITH C. W. MATTHEWS

CONTRACTING COMPANY, INC. FOR ROADWAY SAFETY

AND OPERATIONAL IMPROVEMENTS ON ON QUEEN MILL

ROAD – TRANSPORTATION

MOTION: Motion by Cupid, second by Birrell, to approve a contract

with C. W. Matthews Contracting Company, Inc., in an amount not to

exceed $3,570,899.05, for roadway safety and operational improvements

on Queen Mill Road, State Project No. CSHPP-0007-00(538), State P. I.

No. 0007538, Cobb County Project No. D6200, MIS Contract

No. 000627; authorize the corresponding budget transactions; and

further authorize the Chairman to execute the necessary documents.

Funding: Available in the 2005 SPOST Transportation Improvements

Program Fund with the following budget transfers:

Transfer from: 340-050-7506-D620-8761-D6200-C $3,124,400.00

340-050-7506-D620-8741-D6200-R $ 348,576.05

Transfer to: 340-050-7506-D620-8762-D6200-C $3,472,976.05

Increase appropriation of Georgia Department of Transportation (GDOT)

revenue for State Contract CSHPP-0007-00(538) to adjust GDOT funding

budgeted to actual contract award, as follows:

Increase Revenue Appropriation

340-050-7506-D620-4466-D6200-C $ 30,988.00

Increase Expenditure Appropriation

340-050-7506-D620-8761-D6200-C $ 30,988.00

Available in the Water System’s SPLOST Projects-Relocate Lines FY07


Transfer from:

SPLOST Projects-Relocate Lines

FY07 Preliminary Estimates

510-500-5756-8005-W4069-Z $ 100,873.00

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NOVEMBER 12, 2013

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Engineering (cont.)

13D. APPROVAL OF CONTRACT WITH C. W. MATTHEWS

CONTRACTING COMPANY, INC. FOR ROADWAY SAFETY

AND OPERATIONAL IMPROVEMENTS ON ON QUEEN MILL

ROAD – TRANSPORTATION (CONT.)

Transfer to:

Queen Mill Road Construction

510-500-5756-8260-W4287-C $ 97,923.00


510-500-5756-6613-W4287-A $ 490.00

Meter Purchase Replacement

510-500-5756-8265-W4287-M $ 500.00

Contingency 510-500-5756-8810-W4287-T $ 1,960.00

Total $ 100,873.00


13E. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO

RESURFACING CONTRACT 2011-3 LOCAL ROADS (SOUTH)

WITH C. W. MATTHEWS CONTRACTING COMPANY, INC.

FOR RESURFACING OF COUNTY-MAINTAINED STREETS –

TRANSPORTATION

MOTION: Motion by Ott, second by Cupid, to approve Change Order

No. 1 (final) to Resurfacing Contract 2011-3 Local Roads (South) with

C. W. Matthews Contracting Company, Inc., a savings to the project in the

amount of $379,648.46, for resurfacing of County-maintained streets,

Project No. D9180, MIS Contract No. 000509; and authorize the



Program Fund.


340-050-7509-D918-8762-D9180-C $336,166.46

A savings to the Water System’s System Maintenance Water and Sewer

Line-Repair Maintenance Service FY14 Adopted Operating Budget.


500-500-5400-6516 $ 35,594.00


500-500-5400-6520 $ 7,888.00


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NOVEMBER 12, 2013

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Engineering (cont.)

13F. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO

RESURFACING CONTRACT 2012-2 LOCAL ROADS (SOUTH)

WITH C. W. MATTHEWS CONTRACTING COMPANY, INC.

FOR RESURFACING OF COUNTY-MAINTAINED STREETS –

TRANSPORTATION

MOTION: Motion by Cupid, second by Ott, to approve Change Order

No. 1 (final) to Resurfacing Contract 2012-2 Local Roads (South) with

C. W. Matthews Contracting Company, Inc., a savings to the project in the

amount of $217,639.37, for resurfacing of County-maintained streets,

Project No. E9020, MIS Contract No. 000520; and authorize the



Program Fund.


345-050-E009-E902-8762-E9020-C $152,139.37

A savings to the Water System’s System Maintenance Water and Sewer

Line-Repair Maintenance Service FY14 Adopted Operating Budget.

Decrease GAE 500011012502: 500-500-5400-6516 $ 56,510.00

Decrease GAE 5000110125021: 500-500-5400-6520 $ 8,990.00


13G. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO

RESURFACING CONTRACT 2012-5 SUBDIVISION ROADS

(SOUTH) WITH C. W. MATTHEWS CONTRACTING COMPANY,

INC. FOR RESURFACING OF COUNTY-MAINTAINED

STREETS – TRANSPORTATION

MOTION: Motion by Cupid, second by Ott, to approve Change Order

No. 1 (final) to Resurfacing Contract 2012-5 Subdivision Roads (South)

with C. W. Matthews Contracting Company, Inc., a savings to the project

in the amount of $43,996.46, for resurfacing of County-maintained streets,

Project No. E9050, MIS Contract No. 000540; authorize the




Program Fund


345-050-E009-E905-8762-E9050-C $11,674.46

A savings to the Water System’s SPLOST Projects-Relocate Lines



510-500-5756-6516-W4264-C $32,322.00

Transfer from:

Resurfacing Contract 2012-5 Subdivision Roads (South)

Sewer Line-R&M Service

510-500-5756-6516-W4264-C $32,322.00

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Engineering (cont.)

13G. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO

RESURFACING CONTRACT 2012-5 SUBDIVISION ROADS

(SOUTH) WITH C. W. MATTHEWS CONTRACTING COMPANY,

INC. FOR RESURFACING OF COUNTY-MAINTAINED

STREETS – TRANSPORTATION (CONT.)

Transfer to:

SPLOST Projects - Relocate Lines


510-500-5756-8005-W4069-Z $32,322.00


13H. APPROVAL OF CHANGE ORDER NO. 1 TO RESURFACING

CONTRACT 2012-7 LOCAL ROADS (COUNTYWIDE) WITH C.

W. MATTHEWS CONTRACTING COMPANY, INC. FOR

RESURFACING OF COUNTY-MAINTAINED STREETS –

TRANSPORTATION

MOTION: Motion by Goreham, second by Ott, to approve Change Order

No. 1 to Resurfacing Contract 2012-7 Local Roads (Countywide) with

C. W. Matthews Contracting Company, Inc., in an amount not to exceed

$399,726.00, for resurfacing of County-maintained streets, Project No.

E9070, MIS Contract No. 000587; authorize the corresponding budget






Transfer to: 345-050-E009-E907-8762-E9070-C $470,374.00

Increase GAE 345092512605D:

345-050-E009-E907-8762-E9070-C $470,374.00

Available in the 2011 SPLOST PRCA Program Fund as follows:

345-105-E050-E050-8024-EP505-C $ 4,352.00

Increase GAE 345092512605P:

345-105-E050-E050-8024-EP505-C $ 4,352.00

A savings to the Water System's SPLOST Projects - Relocate Line

Adopted Budget with the following transfers:


510-500-5756-6516-W4270-C $ 75,000.00

Transfer from:

Sewer Line - R&M Service

510-500-5756-6516-W4270-C $ 75,000.00

Transfer to:


510-500-5756-8005-W4069-Z $ 75,000.00


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NOVEMBER 12, 2013

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Engineering (cont.)

13I. AUTHORIZATION TO DEVELOP A COBB COMMUNITY

TRANSIT ROUTE 30 SERVICE MODIFICATION, TRANSIT

SERVICE AND MARKETING STUDY (2011)

RECOMMENDATIONS AND FLEX ROUTE TRANSIT SERVICE

EVALUATION AND IMPLEMENTATION PLAN –

TRANSPORTATION

MOTION: Motion by Cupid, second by Ott, to authorize the

development of a Cobb Community Transit Route 30 Service

Modification, Transit Service and Marketing Study (2011) Route 80, 85,

and 55 Recommendations, and Flex Route Transit Service Evaluation and

Implementation Plan.


14. PUBLIC SERVICES AGENCY

Parks, Recreation, and Cultural Affairs

14A. APPROVAL OF CONTRACT WITH ALLSTAR LIGHTING AND

ELECTRICAL SERVICE FOR THE INSTALLATION OF NEW

SPORTS LIGHTING FIXTURES, UNDERGROUND WIRING AND

RELATED EQUIPMENT TO SERVE ATHLETIC FIELD

LIGHTING AT AL BISHOP SOFTBALL COMPLEX - PARKS,

RECREATION, AND CULTURAL AFFAIRS


with AllStar Lighting & Electrical Service, in an amount not to exceed

$426,000.00, for the installation of new sports lighting fixtures,

underground wiring and related equipment to serve athletic field lighting

at Al Bishop Softball Complex under the 2011 Parks, Recreation and

Cultural Affairs SPLOST Program; authorize the corresponding budget



Funding: Funding is available in the 2011 PRCA SPLOST fund as

follows:

345-105-E040-EP400 C-8024 $322,500.00

345-105-E050-EP500 C-8024 $103,500.00


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NOVEMBER 12, 2013

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14. PUBLIC SERVICES AGENCY(CONT.)

Parks, Recreation, and Cultural Affairs (cont.)

14B. APPROVAL OF CONTRACT WITH SUTTON ARCHITECTURAL

SERVICES, INC. FOR PROFESSIONAL DESIGN AND

CONSTRUCTION ADMINISTRATION SERVICES RELATED TO

A NEW CONCESSION/RESTROOM BUILDING AT LOST

MOUNTAIN PARK - PARKS, RECREATION, AND CULTURAL

AFFAIRS


with Sutton Architectural Services, Inc., in an amount not to exceed

$52,320.00, for professional design and construction administration

services related to a new concession/restroom building and a new separate

restroom building at Lost Mountain Park under the 2011 Parks, Recreation

and Cultural Affairs SPLOST Program; authorize the corresponding

budget transactions; and further authorize the Chairman to execute the


Funding is available in the 2011 PRCA SPLOST fund as follows:

345-105-E030-EP323 E-8722 $ 13,060.00

345-105-E030-EP325 E-8722 $ 21,770.00

345-105-E040-EP422 E-8722 $ 11,830.00

345-105-E040-EP423 E-8722 $ 5,660.00


14C. APPROVAL OF CONTRACT WITH CROFT AND ASSOCIATES,

INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION

ADMINISTRATION SERVICES FOR THE REDEVELOPMENT

OF MILFORD PARK - PARKS, RECREATION, AND CULTURAL

AFFAIRS

MOTION: Motion by Cupid, second by Birrell, to approve a contract

with Croft & Associates, Inc., in an amount not to exceed $82,096.00, for

professional design and construction administration services related to the

redevelopment of Milford Park under the 2011 Parks, Recreation and

Cultural Affairs SPLOST Program; authorize the corresponding budget




follows:

345-105-E040-EP424 E-8722 $ 43,416.00

345-105-E040-EP425 E-8722 $ 38,680.00


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NOVEMBER 12, 2013

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14. PUBLIC SERVICES AGENCY(CONT.)

Parks, Recreation, and Cultural Affairs (cont.)

14D. APPROVAL OF CONTRACT WITH WATERWORKS ATLANTA,

INC. FOR CONSTRUCTION SERVICES RELATED TO THE

REDEVELOPMENT OF SEWELL PARK - PARKS,

RECREATION, AND CULTURAL AFFAIRS

MOTION: Motion by Ott, second by Goreham, to approve a contract

with Waterworks Atlanta, Inc., in an amount not to exceed $1,227,051.92,

for construction services related to the redevelopment of Sewell Park,

under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program;

authorize the corresponding budget transactions; and further authorize



follows:

345-105-E030-EP 343 C-8125 $244,230.81

345-105-E040-EP 448 C-8125 $954,128.62

345-105-E050-EP 515 C-8215 $ 28,692.49


14E. APPROVAL OF CONTRACT WITH PRECISION PLANNING,

INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION

ADMINISTRATION SERVICES RELATED TO A NEW

CONCESSION/RESTROOM BUILDING AT TERRELL MILL

PARK - PARKS, RECREATION, AND CULTURAL AFFAIRS

MOTION: Motion by Ott, second by Goreham, to approve a contract

with Precision Planning, Inc., in an amount not to exceed $43,000.00, for

professional design and construction administration services related to a

new concession/restroom building and a separate new maintenance

building at Terrell Mill Park under the 2011 PRCA SPLOST Program;

authorize the corresponding budget transactions; and further authorize


Funding is available in the 2011 PRCA SPLOST fund as follows:

345-105-E030-EP352 E-8722 $17,410.00

345-105-E030-EP353 E-8722 $10,880.00

345-105-E040-EP461 C-8722 $14,710.00


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NOVEMBER 12, 2013

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15. SUPPORT SERVICES AGENCY

Property Management

15A. APPROVAL OF CONTRACT WITH SHRIVER MECHANICAL,

INC. FOR INSTALLATION OF HEATING, VENTILATING, AND

AIR CONDITIONING EQUIPMENT AT THE POLICE PERMITS

BUILDING - PROPERTY MANAGEMENT

MOTION: Motion by Birrell, second by Cupid, to approve a contract

with Shriver Mechanical, Inc., in the amount of $15,648.00, for

installation of Heating, Ventilating, and Air Conditioning equipment for

the 2011 SPLOST project at the Police Permits Building, located at 154

North Marietta Parkway; authorize the corresponding budget



Funding is available in the 2011 SPLOST Project Budget with the

following transfer:

Transfer from:

345-110-E076-8005-E0786-C (Extension HVAC) $1,537.94

345-110-E076-8005-E0771-C (Kennesaw Library HVAC) $ 110.06

Transfer to:

345-110-E076-8005-E0773-C (Police Permits HVAC) $1,648.00


16. PUBLIC SAFETY AGENCY

Fire and Emergency Services

16A. AUTHORIZATION TO PURCHASE A RESCUE VEHICLE FROM

FREEDOM FIRE EQUIPMENT - FIRE AND EMERGENCY

SERVICES

MOTION: Motion by Ott, second by Goreham, to authorize the

purchase of a rescue vehicle from Freedom Fire Equipment, in the amount

of $125,292.00, and further authorize the corresponding

budget transactions.

Funding is available in the following CCFES 2011 SPLOST account:

345-130-E102-8610

(Specially Equipped Vehicles) $125,292.00


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PAGE 28

17. COMMUNITY DEVELOPMENT AGENCY

Administration

17A. DIRECTION TO STAFF TO SUSPEND THE ACCEPTANCE OF

APPLICATIONS FOR REZONING TO THE CONTINUING CARE

RETIREMENT COMMUNITY (CCRC) DISTRICT THROUGH

APRIL 1, 2014 - COMMUNITY DEVELOPMENT

MOTION: Motion by Ott, second by Birrell, to direct staff to suspend the

acceptance of applications for rezoning to the Continuing Car Retirement

Community (CCRC) district through April 1, 2014.


18. BOARD OF COMMISSIONERS

18A. ADOPTION OF 2013-2018 STRATEGIC PLAN FOR COBB

COUNTY GOVERNMENT – BOARD OF COMMISSIONERS

MOTION: Motion by Lee, second by Birrell, to adopt the proposed

2013-2018 Strategic Plan for Cobb County Government, Draft No. 4,

dated November 11, 2013. A copy of said plan is attached and made a

part of these minutes.

VOTE: ADOPTED 4-1, Commissioner Cupid opposed

18B. APPROVAL OF AMENDMENT TO THE COUNTY MANAGER

EMPLOYMENT AGREEMENT – BOARD OF COMMISSIONERS

MOTION: Motion by Lee, second by Cupid, to approve an amendment

to the County Manager Employment Agreement with David Hankerson, to

extend the existing agreement for another three years beginning February

1, 2014; with all existing terms and conditions of the existing agreement to

remain in place; and authorize the Chairman to execute the necessary

documents.

VOTE: ADOPTED 4-1, Commissioner Ott opposed

19. SHERIFF’S OFFICE

19A. APPROVAL OF CONTRACT WITH BLACK CREEK

INTEGRATED SYSTEMS FOR THE REPLACEMENT OF THE

SECURITY ELECTRONICS SYSTEMS IN BUILDING A (1984) AT

THE JAIL – SHERIFF’S OFFICE

MOTION: Motion by Lee, second by Birrell, to approve a contract with

Black Creek Integrated Systems, in the amount of $992,593.00, for the

replacement of the security electronics systems in Building A (1984) of

the Jail, and authorize the Chairman to execute the necessary documents.

Funding: Available in the 2005 SPLOST Jail Expansion Project Fund is the

following:

340-210-7600-7600-8005-JAIL1-A $982,920.00

Available in the Sheriff's Office Adult Detention Center FY14 budget is the

following:

010-210-9240-9240 $ 9,673.00


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20. COMMUNITY DEVELOPMENT AGENCY

Business License Division

20A. CONDUCT OF SHOW CAUSE HEARING TO DETERMINE IF

DUE CAUSE EXISTS TO SUSPEND, REVOKE, OR PLACE ON

PROBATION THE BEER, WINE, AND SUNDAY SALES

PACKAGE LICENSE FOR R&K FOOD MART, LLC D/B/A WADE

GREEN TEXACO, RAFIQ RAMZANALI PANJWANI, LICENSEE

- BUSINESS LICENSE DIVISION

The Show Cause Hearing was opened to determine if due cause exists to

suspend, revoke, or place on probation, the beer, wine, and Sunday sales package

licenses for R & K Food Mart, LLC d/b/a Wade Green Texaco, 4160 Cherokee

Street, Kennesaw, Georgia, Rafiq Ramzanali Panjwani, licensee.

Mr. Sam Hensley, Jr., attorney for the Business License Division and the

License Review Board, provided opening remarks. The reading of the Charges

and Specifications was waived by mutual agreement of both Mr. Hensley and Mr.

Douglas Davis, attorney for R & K Food Mart. A copy of the Charges and

Specifications is attached and made a part of these minutes.

Mr. Davis provided opening remarks and submitted two packets of

information, both of which are on file in the Office of the County Clerk:

• Exhibit RK-1, containing copies of the alcohol permit for

Sharmin Panjwani, a state tax document, and invoice 27358 for

gasoline.

• Exhibit RK-2, which consists of various photos of the damage

to the establishment as a result of a recent break-in.

Mr. Hensley swore in those persons expected to testify and called Agent

Jeremy May of the Georgia Department of Revenue for the purpose of direct

examination. Mr. Hensley submitted the following documents, all of which are

on file in the Office of the County Clerk:

• Exhibit CC-1, a copy of a photo of the underage operative

• Exhibit CC-2, a copy of a document from the Georgia

Department of Driver Services, which documents the birth date

of the underage operative

• Exhibit CC-3, a copy of a photo of the Bud Light which was

purchased by the underage operative

• Exhibit CC-4, a copy of an incident report issued by the

Georgia Department of Revenue, Alcohol and Tobacco

Division

Mr. Davis questioned Agent May.

Mr. Hensley called Agent Loren Smith of the Georgia Department of

Revenue, for the purpose of direct examination. Mr. Davis also questioned Agent

Smith.

Mr. Hensley called Detective Rusty Creamer, Cobb County Police

Department, for the purpose of direct examination. Mr. Davis questioned

Detective Creamer. Commissioner Birrell questioned Detective Creamer.

Mr. Hensley called Sandra Richardson, Cobb County Business License

Division Manager, for the purpose of direct examination. Mr. Davis questioned

Ms. Richardson.

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20. COMMUNITY DEVELOPMENT AGENCY (CONT.)

Business License Division (cont.)






- BUSINESS LICENSE DIVISION (CONT.)

Mr. Hensley recalled Agent Smith for questioning. Commissioner Birrell

questioned Agent Smith. Mr. Davis questioned Agent Smith.

Mr. Davis called Mr. Aldf Bhayani for the purpose of direct examination.

Mr. Hensley questioned Mr. Bhayani. The Board questioned Mr. Bhayani.

Mr. Davis called Mr. Rafiz Ramzanali Panjwani, licensee, for the purpose

of direct examination.

Clerk’s Note: Chairman Lee left the room at 11:58 a.m. and returned at 12:08

p.m.

Mr. Hensley questioned Mr. Panjwani. Mr. Davis questioned Mr.

Panjwani again. Mr. Hensley questioned Mr. Panjwani again. Commissioners

Ott and Birrell questioned Mr. Panjwani.

Mr. Davis provided closing remarks. Mr. Hensley provided closing

remarks.

MOTION: Motion by Birrell, second by Ott, to uphold the October 10, 2013

decision by the License Review Board to recommend a six month suspension of

the beer, wine, and Sunday sales package license for R & K Food Mart, LLC

d/b/a Wade Green Texaco, 4160 Cherokee Street, Kennesaw, Georgia, Rafiq

Ramzanali Panjwani, licensee.

Prior to the vote on the above motion, discussion ensued among the Board.

Clerk’s Note: Chairman Lee announced that he would abstain from voting,

because he was not present during some of the testimony.

VOTE: FAILED 2-2-1, Commissioners Birrell and Ott in favor; Commissioners

Cupid and Goreham opposed; and Chairman Lee abstained

Following the failed motion, the following new motion was made:

MOTION: Motion by Goreham, second by Cupid, to suspend for three months,

the beer, wine, and Sunday sales package license for R & K Food Mart, LLC


Ramzanali Panjwani, licensee, direct that all employees of the store attend a

Responsible Alcohol Sales and Service (RASS) training, and further direct that

the licensee provide to the Board of Commissioners a copy of the store’s policy

regarding alcohol sales.

VOTE: FAILED 2-2-1, Commissioners Goreham and Cupid in favor;

Commissioners Birrell and Ott opposed; and Chairman Lee abstained

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Following the second failed motion, the following new motion was made:

MOTION: Motion by Ott, second by Birrell, to table this case until the Board’s

first regular meeting in December.

Further discussion ensued among the Board.

A brief recess was taken from 12:42 p.m. until 1:00 p.m.

Upon reconvening, and with no vote having been taken on the above

motion, Mr. Hensley announced to the Board that an alternate proposal had been

agreed upon between himself and Mr. Davis.

Chairman Lee asked Mr. Davis if he, in fact, had agreed to this proposal

on behalf of his client. Mr. Davis affirmed that he had agreed to it, and clarified

that the six month probation would begin on December 15, 2013.

Chairman Lee informed the Board that Commissioner Birrell was not in

support of this proposal.

MOTION: Motion by Cupid, second by Goreham, to adopt the proposal as

presented by Mr. Hensley and agreed upon by Mr. Davis, as follows:

• Suspend for one month (November 15, 2013 until December 15, 2013), the

beer, wine, and Sunday sales package license for R & K Food Mart, LLC


Ramzanali Panjwani, licensee.

• Place on probation for six months (December 15, 2013 through June 15,

2014), the beer, wine, and Sunday sales package license for R & K Food Mart,

LLC d/b/a Wade Green Texaco, 4160 Cherokee Street, Kennesaw, Georgia,

Rafiq Ramzanali Panjwani, licensee.

• Direct that during the suspension or probation period, the licensee and any

agent, employee, designee, or anyone working in the store in any capacity

shall obtain the appropriate permits and training/retraining through the

Responsible Alcohol Sales and Service (RASS).

• Licensee agrees to a waiver of any appeal right or petition of writ of

certiorari to Superior Court on this decision.

• Any further violation of any State law or any Cobb County Code of Ordinance

regarding the sale of alcohol during the suspension or probation periods will

result in automatic revocation of said alcohol license.

• If said licenses are revoked during the suspension or probation period,

application for new alcohol licenses can be submitted after 12 months, per

Cobb County Code.

• If said alcohol license is revoked during the suspension or probation period,

licensee agrees to a waiver of any appeal right or petition of writ of

certiorari to Superior Court on said revocation.

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NOVEMBER 12, 2013

PAGE 32









Clerk’s Note: Chairman Lee informed the Board that since this is a negotiated

agreement, he is eligible to vote on this motion.

VOTE: ADOPTED 3-2, Commissioners Birrell and Ott opposed

A recess was taken from 1:08 p.m. until 2:06 p.m.

20B. CONDUCT OF SHOW CAUSE HEARING TO DETERMINE IF


PROBATION THE BUSINESS LICENSE/ALCOHOLIC

BEVERAGE LICENSE FOR WANIA MERCHANT, INC. D/B/A

WANIA FOOD MART, UMAR KHAN KHATTAK, LICENSEE -

BUSINESS LICENSE DIVISION


suspend, revoke, or place on probation, the business license/alcoholic beverage

license for Wania Merchant, Inc. d/b/a Wania Food Mart, 369 Pat Mell Road,

Marietta, Georgia, Umar Khan Khattak, licensee.


License Review Board, provided opening remarks and informed the Board that

evidence of transfer of ownership of this business had come to light. Mr. Hensley

swore in Mr. Umar Khan Khattak, licensee.

Mr. Khattak, who was not represented by an attorney at this hearing,

addressed the Board and informed them that the business had been sold and stated

that he no longer has any interest in said business and is not involved in any

capacity with its operation. Mr. Hensley questioned Mr. Khattak, and informed

the Board that based upon Mr. Khattak’s testimony, and in accordance with the

County Code Section 6-149(9), Mr. Khattak’s license was revoked, and there is

nothing to act upon regarding the charges against him. Mr. Hensley recommended

no further action by the Board.


A recess was taken from 2:22 p.m. until 2:34 p.m.

of 272



NOVEMBER 12, 2013

PAGE 33



20C. CONDUCT OF SHOW CAUSE HEARING TO DETERMINE IF


PROBATION THE BUSINESS LICENSE/ALCOHOLIC

BEVERAGE LICENSE FOR LAMMI, INC. D/B/A QUICK PICK,

NASSIR ABAGERO, LICENSEE - BUSINESS LICENSE DIVISION


suspend, revoke, or place on probation, the business license/alcoholic beverage

license for Lammi, Inc. d/b/a Quick Pick, 1242 Atlanta Road, Marietta, Georgia,

Nassir Abagero, licensee.


License Review Board, provided opening remarks and submitted a joint

stipulation of evidentiary facts (Exhibit CC-1), mutually agreed upon between

himself and Mr. Marco Berger, attorney for the licensee. The reading of the

Charges and Specifications was waived by mutual agreement of both Mr. Hensley

and Mr. Berger. A copy of the Charges and Specifications and Exhibit CC-1 is on

file in the Office of the County Clerk.

Mr. Berger provided opening remarks and noted that Item 6 of the Joint

Stipulation of Evidentiary Facts document (CC-1) was inaccurate, since the

licensee had not yet left the country on one of the dates mentioned elsewhere in

the document.

Mr. Hensley swore in Mr. Nassir Abagero, licensee.

Mr. Berger called Mr. Abagero for questioning. Mr. Hensley questioned

Mr. Abagero. Commissioner Cupid questioned Mr. Abagero.

Mr. Berger provided closing comments. Mr. Hensley provided closing

comments.

Discussion among the Board ensued, and Ms. Sandra Richardson, Cobb

County Business License Division Manager, was called forward for questioning.

Mr. Hensley swore in Ms. Richardson. Mr. Berger also questioned Ms.

Richardson.

MOTION: Motion by Cupid, second by Goreham, to suspend for six months, the

alcoholic beverage license for Lammi, Inc. d/b/a Quick Pick, 1242 Atlanta Road,

Marietta, Georgia, Nassir Abagero, licensee; place on probation for six months,

the business license for said business; and direct that Mr. Abagero provide to the

Board of Commissioners a training plan regarding the sale of alcohol prior to the

issuance of a business license for 2014.

VOTE: ADOPTED 3-2, Lee and Birrell opposed

of 272



NOVEMBER 12, 2013

PAGE 34



20D. CONDUCT OF APPEAL HEARING FOR JOSHUA OKORANTA

WHO HAS APPEALED THE DENIAL OF HIS APPLICATION

FOR A TAXI DRIVER’S PERMIT WHILE WORKING FOR

VICTORY CAB COMPANY - BUSINESS LICENSE DIVISION

The appeal hearing was opened for Mr. Joshua Okoranta regarding the

denial of his application for a taxi driver’s permit while working for the Victory

Cab Company.


License Review Board, provided opening remarks. Mr. Akomah, attorney for Mr.

Okoranta, provided opening remarks.

Mr. Hensley swore in those persons expected to testify and called

Detective Rusty Creamer for questioning. Mr. Akomah questioned Detective

Creamer. Commissioners Goreham and Cupid questioned Detective Creamer.

Mr. Hensley called Ms. Sandra Richardson, Cobb County Business

License Division Manager, for questioning. Mr. Akomah questioned Ms.

Richardson.

Mr. Akomah called Mr. Joshua Okoranta, applicant, for questioning. Mr.

Hensley questioned Mr. Okoranta. Mr. Akomah submitted a packet of

information (Exhibit JO-1) containing a copy of a traffic citation, various driver

history documents, and a letter of recommendation from Victory Cab Company.

Exhibit JO-1 is on file in the Office of the County Clerk.

Mr. Akomah provided closing remarks. Mr. Hensley provided closing

remarks.

The Board recalled Detective Creamer for questioning.

MOTION: Motion by Goreham, second by Ott, to uphold the decision of the

License Review Board to deny the taxi driver’s permit for Mr. Joshua Okoranta

while working for the Victory Cab Company.

Prior to the vote on the above motion, discussion ensued and Ms.

Richardson was recalled for questioning by the Board.

Commissioner Goreham then amended her motion as follows:

MOTION: Motion by Goreham, second by Ott, to approve a taxi driver’s permit

for Mr. Joshua Okoranta while working for the Victory Cab Company, under

probationary status, for a probationary period to extend through 2016, and direct

that the Board be made aware of any violation during that probationary period.


of 272



NOVEMBER 12, 2013

PAGE 35



20E. CONDUCT OF APPEAL HEARING FOR MIGUEL GUTIERREZ

CRUZ WHO HAS APPEALED THE DENIAL OF HIS

APPLICATION FOR A TAXI DRIVER’S PERMIT WHILE

WORKING FOR UNIVERSAL TAXI - BUSINESS LICENSE

DIVISION

The appeal hearing for Mr. Miguel Gutierrez Cruz was opened regarding

the denial of his application for a taxi driver’s permit while working for Universal

Taxi.


License Review Board, provided opening remarks. Mr. Larry Burke, attorney for

Mr. Cruz, informed the Board that Mr. Cruz would be communicating through a

certified interpreter. Mr. Burke swore in the interpreter. Mr. Hensley swore in

those persons expected to testify.

Mr. Hensley informed the Board that both he and Mr. Burke have

stipulated to four moving violations within a twelve month period of time.

Mr. Burke called Mr. Cruz for questioning. Mr. Hensley questioned Mr.

Cruz. Commissioners Ott and Birrell questioned Mr. Cruz.

Mr. Burke submitted a Driver Improvement Certificate of Completion

(Exhibit MC-1), which is on file in the Office of the County Clerk.

Mr. Burke provided a closing statement. Mr. Hensley provided a closing

statement.

MOTION: Motion by Ott, second by Goreham, to approve a taxi driver’s permit

for Mr. Miguel Gutierrez Cruz while working for Universal Taxi, under

probationary status, for a probationary period to extend through 2014; and direct

that if any further moving violation occurs during the probationary period, a show

cause hearing will be conducted to determine if said license should be revoked.


21. APPOINTMENT TO THE WORKFORCE INVESTMENT BOARD

MOTION: Motion by Lee, second by Ott, to approve the appointment of Mr.

Jerome Webb to the Workforce Investment Board, for a term to expire June 30,

2017.


ADJOURNMENT

The meeting was adjourned at 5:10 p.m.

____________________________________________

Candace W. Ellison, CCC

County Clerk

Cobb County Board of Commissioners

of 272


REGULAR AGENDA COVER


ITEM NO.

Engineering

1 To approve a contract with Old Mountain Environmental and Design, Inc., for demolition and removal of two houses on Cedarcrest Road, State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, Cobb County Project No. D4070, MIS Contract No. 000755.

2 To approve the concept plan, as presented at the November 26, 2103 Work Session, for the design of roadway safety and operational improvements on Lower Roswell Road, Project No. E6020.

3 To approve 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, Project No. E6020, MIS Contract No. 000532.

4 To approve Supplemental Agreement No. 1 to the contract with Ohmshiv Construction, LLC, for improvements on Ewing Road Sidewalk, Project No. E7110, MIS Contract No. 000656.

5 To approve Project No. E2490-WO#02 to the 2013 Countywide Unit Price Contract with American Contractors Grading and Paving, Inc., for drainage system improvements on Lake Fjord Pass, MIS Contract No. 000603.

6 To approve Project No. E2310-TO#01 to the 2012 Master Task Order Contract with AECOM Technical Services, Inc., for environmental permitting services for Paper Mill Road Drainage, MIS Contract No. 00556.

7 To approve an Intergovernmental Agreement with the City of Austell for the resurfacing of Salt Springs Place, located within the city limits of Austell, Project No. E9140.

Traffic Operations

8 To approve Change Order No. 2 (final) to the contract with R.J. Haynie & Associates, Inc., for the Town Center Area Adaptive Traffic Control System, State P.I. No. 0010196, Cobb County Project No. D5070, MIS Contract No. 000488.

Planning

9 To approve a contract with Connetics Transportation Group for the development of a Cobb Community Transit Route 30 Service Modification, Transit Service and Marketing Study (2011) Route 80, 85, and 55 Recommendations, and Flex Route Transit Service Evaluation and Implementation Plan, MIS Contract No. 000759.

of 272







PURPOSE To approve a contract with Old Mountain Environmental and Design, Inc., for demolition and removal of two houses on Cedarcrest Road, State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, Cobb County Project No. D4070, MIS Contract No. 000755.

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 the existing two-lane roadway to a four-lane divided roadway with raised median. The demolition and removal of two existing houses at 6292 and 6440 Cedarcrest Road, and removal of associated landscaping, is required prior to construction of this project.

Comm. Dist. 1


of 272

The Invitation to Bid for this project was advertised in the Marietta Daily Journal on October 18 and 25, 2013, and on November 1 and 8, 2013. Bids were received on November 14, 2013, from the following companies:

A nonresponsive bid was received from Wade Enterprises. The low bid of $47,610.00 from Old Mountain Environmental and Design, Inc., was reviewed and found to be reasonable and responsive. The completion date for this project is 45 consecutive calendar days from issuance of the Notice to Proceed.

Company Bid Amount

Old Mountain Environmental and Design, Inc. $47,610.00

Complete Demolition Services, LLC $51,320.00

Southern Environmental Services, Inc. $62,773.61

Tag Grinding Services, Inc. $64,668.00

Southern Demolition, LLC $65,300.00

T.J. Lyle & Co., Inc. $76,783.00

Ed Castro Landscape, Inc. $81,807.11

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

Transfer from: 340-050-7504-D407-8761-D4070-C $47,610.00

Transfer to: 340-050-7504-D407-8762-D4070-C $47,610.00

RECOMMENDATION The Board of Commissioners approve a contract with Old Mountain Environmental and Design, Inc., in an amount not to exceed $47,610.00, for demolition and removal of two houses on Cedarcrest Road, State Project No. CSHPP-0007-00(529), State P.I. No. 0007529, Cobb County Project No. D4070, MIS Contract No. 000755; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.



of 272

P A U L D I N G

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PROJECT:Demolition and Removal of Houses on Cedarcrest RoadProject No. D4070D

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LOCATION MAP

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of 272







PURPOSE To approve the concept plan, as presented at the November 26, 2103 Work Session, for the design of roadway safety and operational improvements on Lower Roswell Road, Project No. E6020.

BACKGROUND

Lower Roswell Road is an approved roadway safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program. Proposed improvements on Lower Roswell Road, from Woodlawn Drive to Davidson Road, consist of pavement marking improvements and addition of through and turn lanes at the intersection of Woodlawn Drive. In addition, improvements on the east side of Johnson Ferry Road include constructing a median from Johnson Ferry Road to Davidson Road, along with a frontage road on the north side of Lower Roswell Road, between McDonald’s restaurant and Davidson Road. Additional turn lanes and sidewalks are to be added along Woodlawn Drive and Lower Roswell Road. On June 12, 2012, the Board of Commissioners approved a contract with Gresham Smith and Partners for the design of roadway safety and operational improvements on Lower Roswell Road. Gresham Smith and Partners developed a concept plan and the Department held public meetings at Sterling Estates on November 13, 2012, and the East Cobb Library on January 18, 2013. The concept plan for the design of roadway safety and operational improvements on Lower Roswell Road was presented to the Board in Work Session earlier today.

Comm. Dist. 2


of 272

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve the concept plan, as presented at the November 26, 2013 Work Session, for the design of roadway safety and operational improvements on Lower Roswell Road, Project No. E6020, and authorize the Department to proceed with the project.



of 272

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PROJECT:Lower Roswell RoadProject No. E6020

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PURPOSE To approve 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, Project No. E6020, MIS Contract No. 000532.

BACKGROUND

Lower Roswell Road is an approved roadway safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program. Proposed improvements on Lower Roswell Road, from Woodlawn Drive to Davidson Road, consist of pavement marking improvements and addition of through and turn lanes at the intersection of Woodlawn Drive. In addition, improvements on the east side of Johnson Ferry Road include constructing a median from Johnson Ferry Road to Davidson Road, along with a frontage road on the north side of Lower Roswell Road, between McDonald’s restaurant and Davidson Road. Additional turn lanes and sidewalks are to be added along Woodlawn Drive and Lower Roswell Road. On June 12, 2012, the Board of Commissioners approved a contract with Gresham Smith and Partners for the design of roadway safety and operational improvements on Lower Roswell Road. Supplemental Agreement No. 1 to the contract with Gresham Smith and Partners is requested for additional traffic studies, traffic signal analysis, and concept design not included in the original project scope and fee. These additional tasks are required to address business access concerns within the projects limits.

Comm. Dist. 2


of 272

The Department has negotiated a project scope and fee with Gresham Smith and Partners, in an amount not to exceed $44,301.64, for the additional design of roadway safety and operational improvements on Lower Roswell Road.

An agenda item to approve the concept plan for the design of roadway safety and operational improvements on Lower Roswell Road is being presented to the Board of Commissioners concurrent with this agenda.

Original Contract $445,329.41


Revised Contract $489,631.05


Transfer From: 345-050-E006-E602-8721-E6020-E $44,301.64

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

RECOMMENDATION The Board of Commissioners 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.



of 272

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PROJECT:Lower Roswell RoadProject No. E6020

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PURPOSE To approve Supplemental Agreement No. 1 to the contract with Ohmshiv Construction, LLC, for improvements on Ewing Road Sidewalk, Project No. E7110, MIS Contract No. 000656.

BACKGROUND

Ewing Road Sidewalk is an approved school related/Safe Routes to School project in the Sidewalks Component of the 2011 SPLOST Transportation Improvements Program. The project consists of the construction of approximately 4,800 feet of five-foot wide sidewalk and drainage improvements on the east side of Ewing Road, from Clay Road to Syble Drive, to provide additional sidewalks in the vicinity of Clarkdale Elementary School and Cooper Middle School. On June 25, 2013, the Board of Commissioners approved a contract with Ohmshiv Construction, LLC, for improvements on Ewing Road. Details for action requested are as follows: Due to unforeseen field conditions discovered during construction, a plan revision was issued to address drainage on this project. The drainage from the project has increased water flow to a ditch that is currently inadequate to handle the increased flow. It will be necessary to increase the size and extend the length of the drainage pipe proposed for use at this location to prevent localized flooding in the area.

Comm. Dist.

4


of 272

Supplemental Agreement No. 1 to the contract with Ohmshiv Construction, LLC, in an amount not to exceed $92,712.00, is requested to correct inadequate drainage from concentrated water flow as a result of unforeseen field conditions. In addition, the Department recommends extending the contract time by 30 days due to construction delays resulting from the drainage corrections required.

Original Contract $736,508.25


Revised Contract $829,220.25



Transfer to: 345-050-E007-E711-8762-E7110-C $92,712.00

Increase GAE 345062513502: 345-050-E007-E711-8762-E7110-C $92,712.00

RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 1 to the contract with Ohmshiv Construction, LLC, in an amount not to exceed $92,712.00, for improvements on Ewing Road Sidewalk, Project No. E7110, MIS Contract No. 000656; approve a contract time extension of 30 days; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.



of 272

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PROJECT:Ewing Road SidewalkProject No. E7110

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DrainageSupplementalAgreement No. 1

of 272







PURPOSE To approve Project No. E2490-WO#02 to the 2013 Countywide Unit Price Contract with American Contractors Grading and Paving, Inc., for drainage system improvements on Lake Fjord Pass, MIS Contract No. 000603.

BACKGROUND

Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Lake Fjord Pass is classified as a local road on the County’s Major Thoroughfare Plan. The inlet of the 18-inch corrugated metal pipe has failed, creating a shoulder collapse adjacent to the roadway in the vicinity of 4890 Lake Fjord Pass which must be repaired prior to scheduled roadway resurfacing. The Department recommends drainage improvements to include replacement of one section of 18-inch pipe, grading, reconstruction of the shoulder and the addition of curb and gutter. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. Project No. E2490-WO#02 to the 2013 Countywide Unit Price Contract with American Contractors Grading and Paving, Inc., the lowest responsive unit price contractor, in an amount not to exceed $10,241.00, is requested for drainage system improvements on Lake Fjord Pass.

Comm. Dist. 2


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Transfer to: 345-050-E002-E249-8762-E2490-C $10,241.00

RECOMMENDATION The Board of Commissioners approve Project No. E2490-WO#02 to the 2013 Countywide Unit Price Contract with American Contractors Grading and Paving, Inc., in an amount not to exceed $10,241.00, for drainage system improvements on Lake Fjord Pass, MIS Contract No. 000603; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.



of 272

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PROJECT:Lake Fjord Pass Drainage ImprovementsProject No. E2490-WO#1

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PURPOSE To approve Project No. E2310-TO#01 to the 2012 Master Task Order Contract with AECOM Technical Services, Inc., for environmental permitting services for Paper Mill Road Drainage, MIS Contract No. 00556.

BACKGROUND

On May 8, 2012, the Board of Commissioners approved the 2012 Master Task Order Contracts. AECOM Technical Services, Inc., was approved for Transportation, Planning and Environmental Services. During the construction of the Paper Mill Road bridge replacement, it was noted that a nearby stream, just west of the bridge project, was causing significant erosion adjacent to and under the pavement of Paper Mill Road. There have been several attempts to mitigate this problem; however, due to its proximity to Sope Creek, corrective action is limited. To find a permanent solution that meets all reviewing agencies approvals and provides permanent protection for our infrastructure, the Department is recommending environmental permitting services be completed. Project No. E2310-TO#01 to the 2012 Master Task Order Contract with AECOM Technical Services, Inc., in an amount not to exceed $13,625.41, is requested for environmental permitting services.

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Transfer to: 345-050-E002-E231-8722-E2310-E $13,625.41

RECOMMENDATION The Board of Commissioners approve Project No. E2310-TO#01 to the 2012 Master Task Order Contract with AECOM Technical Services, Inc., in an amount not to exceed $13,625.41, for environmental permitting services for Paper Mill Road Drainage, MIS Contract No. 000556; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.



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PROJECT:Paper Mill Road DrainageProject No. E2310

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PURPOSE To approve an Intergovernmental Agreement with the City of Austell for the resurfacing of Salt Springs Place, located within the city limits of Austell, Project No. E9140.

BACKGROUND Resurfacing is an approved component in the 2011 SPLOST Transportation Improvements Program. Resurfacing Contract 2014-2 Local Roads (South) is scheduled to be let early next year. One of the roads included in the contract, Salt Springs Place, crosses into the City of Austell (City). The City is responsible for the maintenance of roads within its city limits. As it is to the mutual benefit of the County and the City, the Department has reached a cost sharing arrangement with the City’s Department of Public Works for resurfacing costs associated with this road. The lead role in this project will be taken by the Department, as the majority of the resurfacing will occur on the County-maintained portion of this road, with the County being responsible for managing both portions of the project. The City will reimburse the County for the cost to resurface the City’s portion of the road, in an amount not to exceed $10,100.00. The Intergovernmental Agreement has been reviewed by the County Attorney and was approved by the Austell City Council at their November 4, 2013 meeting.

FUNDING

N/A

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RECOMMENDATION The Board of Commissioners approve an Intergovernmental Agreement with the City of Austell, in an amount not to exceed $10,100.00, for the resurfacing of Salt Springs Place, located within the city limits of Austell, Project No. E9140; and authorize the Chairman to execute the necessary documents.


Intergovernmental Agreement


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AustellCity Limits

SALT SPRINGS PL

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PROJECT:Salt Springs Place

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PURPOSE To approve Change Order No. 2 (final) to the contract with R.J. Haynie & Associates, Inc., for the Town Center Area Adaptive Traffic Control System, State P.I. No. 0010196, Cobb County Project No. D5070, MIS Contract No. 000488.

BACKGROUND

The Town Center Area Adaptive Traffic Control System (TCA ATCS) project is an approved traffic signal timing project in the 2005 SPLOST Transportation Improvements Program (TIP). This project is also an approved project in the Atlanta Regional Commission (ARC) Envision6 Regional Transportation Plan and is designated as Georgia Department of Transportation (GDOT) P.I. No. 0010196, ARC Project No. CO-335B. On July 12, 2011, the Board of Commissioners approved a Construction Agreement with GDOT for the TCA ATCS. Under the terms of the agreement, GDOT agreed to fund 100 percent of the eligible construction costs, up to a maximum amount of $3,910,800.00. The County will be responsible for 100 percent of any construction costs exceeding the State’s maximum. Also on July 12, 2011, the Board approved a contract with R.J. Haynie & Associates, Inc., for installation of the TCA ATCS project. On December 20, 2012 the Board approved Change Order No. 1 to the contract with R.J. Haynie & Associates, Inc., to expand the upgrade of the ATCS from 52 intersections to 125 intersections, to replace fiber optic modems with switches, and to upgrade from analog to digital communications. The project completion date was extended by ninety (90) days. GDOT agreed to fund 100 percent of the costs associated with Change Order No. 1.

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Details for action requested are as follows: Construction of the project is complete and Change Order No. 2 (final) to the contract with R.J. Haynie & Associates, Inc., a savings to the project in the amount $17,075.75, is requested due to variations between the original and final plan quantities. These are the final changes necessary to close this contract with R.J. Haynie & Associates, Inc.

Original Contract $3,910,800.00

Change Order No. 1 $ 123,552.00

Change Order No. 2 (final) ($ 17,075.75)

Revised Contract Amount $4,017,276.25

FUNDING A savings to the 2005 SPLOST Transportation Improvements Program Fund.

Decrease appropriation of revenue from Georgia Department of Transportation Contract No. 0010196, as follows:

Decrease GAE 340071211406: 340-050-7505-D507-8762-D5070-C $17,075.75

Decrease Revenue Appropriation: 340-050-7505-D507-4466-D5070-C $17,075.75

Decrease Expenditure Appropriation: 340-050-7505-D507-8762-D5070-C $17,075.75

RECOMMENDATION The Board of Commissioners approve Change Order No. 2 (final) to the contract with R.J. Haynie & Associates, Inc., a savings to the project in the amount $17,075.75, for the Town Center Area Adaptive Traffic Control System, State P.I. No. 0010196, Cobb County Project No. D5070, MIS Contract No. 000488; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.


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PURPOSE To approve a contract with Connetics Transportation Group for the development of a Cobb Community Transit Route 30 Service Modification, Transit Service and Marketing Study (2011) Route 80, 85, and 55 Recommendations, and Flex Route Transit Service Evaluation and Implementation Plan, MIS Contract No. 000759.

BACKGROUND

Significant budget shortfalls during FY11 led Cobb Community Transit (CCT) to undertake cost-cutting strategies that balanced revenues and expenses. CCT strategies implemented included a fare increase, service reductions on some routes, and Customer Service Program modifications. The service cuts most impacted transit riders without other transportation options that rely on CCT to travel to jobs, medical appointments, school, and other activities. A transit need remains unmet, as a result. Requested transit planning services will evaluate existing Route 30 service, proposed Flex Bus transit service, the CCT Service and Marketing Study (2011) recommended service plan proposed for Routes 80, 85, and 55, and other strategies that benefit the traveling public, especially those in the southern Cobb County area most impacted by FY11 service reductions. To address some of these needs, the Department proposed a Flex Route transit service pilot program that CCT could design and implement within 2013. The proposed service would operate in Commission District 4 where the FY11 service reductions eliminated two of CCT’s lowest-performing routes. The proposed service would connect riders in areas not currently served to existing CCT routes. The proposed Flex Route service would immediately serve residents of Austell, Powder Springs and Mableton. If successful, CCT could introduce Flex Route transit service in other areas with demonstrated need.

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On March 26, 2013, the Board of Commissioners authorized the Department to begin the public involvement process to introduce the Flex Route transit service pilot program in Commission District 4. The Department has completed the public involvement process. On August 13, 2013, the Board approved submission of an amended FY13 Section 5307 Grant application to the Federal Transit Administration (FTA) for transit capital, planning, and operating related projects. Funding for the Flex Route transit service pilot program was included in the approved project list, to be appropriated pending Board approval of the pilot program. Ridership has increased on Route 30, currently CCT’s second-highest performing route, partially as a result of the FY11 service reductions that eliminated two routes that served nearby areas. As a result, heavy boardings at certain stops, peak-hour roadway congestion, and other operational challenges have negatively impacted the Route 30 on-time performance. Near-term strategies are needed to improve Route 30 on-time performance, incorporate the CCT Service and Marketing Study (2011) Route 80, 85, and 55 recommendations, and implement a Flex Route transit service pilot program to meet the latent transit service demand in southern Cobb County. Service modifications or improvements identified during this analysis can be implemented with existing Federal and local funding, pending Board approval. On November 12, 2013, the Board authorized the development of a Cobb Community Transit Route 30 Service Modification, Transit Service and Marketing Study (2011) Route 80, 85, and 55 Recommendations, and Flex Route Transit Service Evaluation and Implementation Plan. On November 1, 2013, in accordance with Section VIII (Professional Services not to Exceed $50,000.00) of the Cobb County Policy for Procurement of Professional Services, as amended by the Board on December 20, 2011, the Department distributed solicitation for transit planning proposals to the following qualified consultants:

Department staff members Faye DiMassimo, Director; Gail Franklin, Transit Division Manager; and Eric Meyer, Planning Division Manager, reviewed the proposals and ranked the firms based on their understanding of the project, proposed staffing, level of experience and past performance, project approach, availability, and financial stability. Staff ranked the top most qualified firm as Connetics Transportation Group. Existing Federal Transit Administration grants will provide 80 percent of the total project cost, in an amount not to exceed $39,774.40. The remaining 20 percent local match balance of $9,943.60 is available in the Transit Division's FY14 Operating budget. The County Attorney has reviewed the contract with Connetics Transportation Group.

Connetics Transportation Group

HDR Engineering, Inc.

URS Corporation

Whitman, Requardt & Associates, LLP

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FUNDING Appropriate receipt of existing Federal Transit Administration funding to the Transit Division's FY14 approved Operating Budget as follows:

Local match funding is available in the Transit Division's FY14 approved Operating Budget with the following budget transfer:

Increase Revenue Appropriation: 200-050-4802-4439 (FTA 5307) $39,774.40

Increase Expenditure Appropriation: 200-050-4802-6322 $39,774.40

Transfer from: 200-050-4802-6167 $ 9,943.60

Transfer to: 200-050-4802-6322 $ 9,943.60

RECOMMENDATION The Board of Commissioners approve a contract with Connetics Transportation Group, in an amount not to exceed $49,718.00, for the development of a Cobb Community Transit Route 30 Service Modification, Transit Service and Marketing Study (2011) Route 80, 85, and 55 Recommendations, and Flex Route Transit Service Evaluation and Implementation Plan, MIS Contract No. 000759; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents, in a form substantially similar to those provided under separate cover, as approved by the County Attorney's Office.

ATTACHMENTSContract with Connetics Transportation Group to be provided under separate cover.


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Contract with Connetics Transportation Group to be provided under separate cover.

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COBB COUNTY SUPPORT SERVICES AGENCY



ITEM NO.

Administration

1 To receive a report regarding comments and concerns received at two public hearings held as required by statute regarding the proposed conveyance of two County owned properties to the State of Georgia for educational purposes.

2 To authorize conveyance of title of two County-owned properties to the State of Georgia, acting by and through the State Properties Commission, custody of the Technical College System of Georgia, for educational purposes.

Property Management

3 To approve a contract with Garland/Design Build Solutions, Inc. for the restoration and cleaning of the State Court and Superior Court North Buildings.

4 To approve a contract with Garland/Design Build Solutions, Inc., for the replacement and restoration of the roof at the former Wachovia Bank building.

5 To approve a contract with Garland/Design Build Solutions, Inc., for replacement and restoration of the roof at the Superior Court South facility.

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Cobb County Support Services Agency Willie A. Hopkins, Jr., Director of Support Services



FROM: Willie A. Hopkins, Jr., Director of Support Services

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


PURPOSE To receive a report regarding comments and concerns received at two public hearings held as required by statute regarding the proposed conveyance of two County owned properties to the State of Georgia for educational purposes.

BACKGROUND Pursuant to O.C.G.A. § 36-9-3 (c) (1) the County is authorized to sell, grant, convey or transfer any real property owned by the County to a public educational institution for use as a site for a public school or other educational purpose. Prior to executing any such sale, grant, conveyance or transfer, however, the county is required to hold a public hearing in the immediate vicinity of the affected property. The hearing must be advertised by posting conspicuous notice at the place of the hearing and at the affected property. The county must also have at least one representative at the public hearing to receive the comments and concerns expressed and to report such comments and concerns to the Board. On September 24, 2013 the Board of Commissioners appointed Willie A. Hopkins, Jr., Support Services Agency Director to represent the County at such hearings and reo receive comments and concerns. Public hearings were duly advertised and held on November 18, 2013, pursuant to O.C.G.A. § 36-9-3 (c) (1) for each of the proposed property conveyances. Mr. Hopkins was in attendance at each of the hearings.

FUNDING N/A

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RECOMMENDATION The Board of Commissioners receive a report regarding comments and concerns received at the public hearings held on November 18, 2013, for the conveyance for educational purposes to the State Property Commission of Georgia, custody of the Technical College System of Georgia, of real property located at 2680 Gordy Parkway, Marietta Georgia 30066 and 1578 Veterans Memorial Highway, Austell, Georgia 30168.


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Cobb County Support Services Agency Willie A. Hopkins, Jr., Director of Support Services



FROM: Willie A. Hopkins, Jr., Director of Support Services

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


PURPOSE To authorize conveyance of title of two County-owned properties to the State of Georgia, acting by and through the State Properties Commission, custody of the Technical College System of Georgia, for educational purposes.

BACKGROUND

In March, 2009, Chattahoochee Technical College requested that the County convey title of the properties located at 2680 Gordy Parkway, Marietta Georgia 30066 (Mt. View Campus) and 1578 Veterans Memorial Highway, Austell, Georgia 30168 (formerly known as South Cobb campus and now called the Austell Campus), currently leased by Chattahoochee Technical College from the County. This request was formally presented by letter dated June 8, 2009. The purpose of the request was to facilitate the desire of Chattahoochee Technical College to expand the campuses and facilities at these two schools. Chattahoochee Technical College had represented to the County that it or the State of Georgia, custody of the Technical College System of Georgia, must hold fee simple title to the properties in order to qualify for federal grant funds for these projects. On June 23, 2009, the Board approved holding public hearings, as required by statute, to consider any comments and concerns regarding the conveyance of those properties to the state. On July 28, 2009, the Board received the reports from those hearings and authorized the conveyances subject to a right of reversion of title to the County if the properties ever ceased being used for technical college education purposes. Subsequently, the state advised the county that it could not accept title to the properties subject to this reversionary provision. Instead, the state requested the county enter into long term leases of the properties sufficient for the state to issue bonds for the proposed capital improvements. New leases were then negotiated. On July 13, 2010, the Board rescinded authorization for the

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conveyance of the properties and authorized entering into the leases with the State of Georgia, through the State Properties Commission, on behalf of Chattahoochee Technical College. Pursuant to letter dated November 16, 2012, Chattahoochee Technical College formally renewed its request that the County convey title of these campus properties. According to opinions from the state Attorney General's Office, the state is apparently prohibited from expending funds to make capital improvements to leased premises and must hold fee simple title to the properties. The county reiterated its willingness to convey the properties subject to the right of reversion, which request was again rejected. Subsequently it was determined that under the Georgia Code the state may accept title to property with a broader reversionary clause by which title would revert if the property ceased being used for any public purpose. It was proposed to convey these properties to the State of Georgia, through the State Properties Commission, on behalf of the Technical College System of Georgia, subject to the broader reversionary provision permitted by statute. Pursuant to O.C.G.A. § 36-9-3 (c) (1) the County is authorized to sell, grant, convey or transfer any real property owned by the County to a public educational institution for use as a site for a public school or other educational purpose. Prior to executing any such sale, grant, conveyance or transfer, however, the county is required to hold a public hearing in the immediate vicinity of the affected property to receive the comments and concerns expressed and to report such comments and concerns to the Board. Public hearings were duly advertised and held on November 18, 2013, pursuant to O.C.G.A. § 36-9-3 (c) (1) for each of the proposed property conveyances. Mr. Willie Hopkins attended those public hearings and presented a report for consideration by the Board of Commissioners in authorizing the proposed transactions. Any conveyance of the properties authorized by the Board of Commissioners after receiving the report and considering the same shall be made subject to a reversionary provision in the deeds providing that title to the properties will automatically revert to the County in the event that the properties are no longer utilized for any public purpose. The conveyance of the Mt. View Campus property located at Gordy Parkway shall also be made subject to the right of the State and of the County to ingress-egress and parking of motor vehicles on specified portions of the parties’ properties pursuant to an easement agreement to be executed by the parties at or prior to the time of closing of the conveyances of the properties and to be recorded in the land records.

FUNDING N/A

RECOMMENDATION

The Board of Commissioners authorize the conveyance for educational purposes to the State of Georgia, acting by and through the State Properties Commission, custody of the Technical College System of Georgia, of real property located at 2680 Gordy Parkway, Marietta Georgia 30066 and 1578 Veterans Memorial Highway, Austell, Georgia, subject to a right of reversion if the properties are not continuously utilized for any public purposes; approve an ingress-egress and parking easement agreement with the State of Georgia related to the Gordy Parkway property; and further authorize the Chairman to take such action and execute such deeds, agreements and documents as may be necessary to consummate the conveyances.


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ATTACHMENT Ingress-Egress and Parking Easement Agreement to be provided under separate cover Revised Aerial Mt. View Campus to be provided under separate cover Aerial Austell Campus to be provided under separate cover Revised Platt Mt. View Campus to be provided under separate cover Survey Platt Austell Campus to be provided under separate cover

ATTACHMENTSConveyance Request 2009-06-08

Conveyance Request 2012-11-16

Exhibit A Legal Description - Mtn. View

Exhibit A Legal Description - South Cobb- Austell

Limited Warranty Deed Mt. View

Limited Warranty Deed South Cobb - Austell

To be Provided Under Seperate Cover


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Exhibit A

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Legal Description South Cobb-Austell Campus

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After Recording, Return to:

Patrick Riley, Esq. Cobb County Attorney’s Office 100 Cherokee Street, Suite 350 Marietta, GA 30090-7000

STATE OF GEORGIA

COUNTY OF COBB

LIMITED WARRANTY DEED

THIS INDENTURE, is made as of the _______ day of ______________________, 2013, by and between COBB COUNTY, a political subdivision of the State of Georgia and (hereinafter collectively referred to as “Grantor”) and The State Properties commission of Georgia, custody of Technical College System of Georgia, an agency of the State of Georgia (hereinafter referred to as “Grantee”) (“Grantor” and “Grantee” to include their respective successors, legal representatives and assigns where the context requires or permits).

WITNESSETH

GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00), in hand paid,

and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto Grantee, all that tract or parcel of land lying and being in Land Lots 385, 386, 407 and 408 of the 16th District, 2nd Section of Cobb County, Georgia as more fully described in Exhibit “A”, attached hereto, incorporated herein and made a part hereof by reference; including, without limitation, all improvements, fixtures, rights, privileges, easements, hereditaments and appurtenances thereto (collectively, the “Property”).

The Property is being conveyed subject to the condition that the Property shall

continuously be used for a public purpose by Grantee. In the event the Property shall ever cease to be continuously used by Grantee for any public purpose, title to the Property shall automatically revert to Grantor.

Further, the Property is being conveyed subject to all easements, covenants, restrictions

and encumbrances of record and any matters that an accurate survey would reveal. TO HAVE AND TO HOLD the said Property, with all and singular the rights, members

and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the Grantee, its successors and assigns, forever, in Fee Simple.

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AND GRANTOR, its successors and assigns, will warrant and forever defend the right and title to the above described Property, unto Grantee, its successors and assigns against the claims of any persons owning, holding or claiming by, through or under Grantor. EXECUTED under seal as of the date above written.

Sworn to and subscribed before me GRANTOR:

this _____day of ________ 2013. COBB COUNTY, GEORGIA

____________________________ By:________________________________ Witness Timothy D. Lee, Chairman Board of Commissioners ____________________________ Attest:____________________________ Notary County Clerk

[Seal]

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EXHIBIT “A” Legal Description

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After Recording, Return to:

Patrick Riley, Esq. Cobb County Attorney’s Office 100 Cherokee Street, Suite 350 Marietta, GA 30090-7000

STATE OF GEORGIA

COUNTY OF COBB

LIMITED WARRANTY DEED

THIS INDENTURE, is made as of the _______ day of ______________________, 2013, by and between COBB COUNTY, a political subdivision of the State of Georgia and (hereinafter collectively referred to as “Grantor”) and The State Properties commission of Georgia, custody of Technical College System of Georgia, an agency of the State of Georgia (hereinafter referred to as “Grantee”) (“Grantor” and “Grantee” to include their respective successors, legal representatives and assigns where the context requires or permits).

WITNESSETH

GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00), in hand paid,

and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto Grantee, all that tract or parcel of land lying and being in Land Lots 1300 of the 19th District, 2nd Section of Cobb County, Georgia as more fully described in Exhibit “A” attached hereto, incorporated herein and made a part hereof by reference; including, without limitation, all improvements, fixtures, rights, privileges, easements, hereditaments and appurtenances thereto (collectively, the “Property”).

The Property is being conveyed subject to the condition that the Property shall

continuously be used for a public purpose by Grantee. In the event the Property shall ever cease to be continuously used by Grantee for any public purpose, title to the Property shall automatically revert to Grantor.

Further, the Property is being conveyed subject to all easements, covenants, restrictions

and encumbrances of record and any matters that an accurate survey would reveal. TO HAVE AND TO HOLD the said Property, with all and singular the rights, members

and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the Grantee, its successors and assigns, forever, in Fee Simple.

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AND GRANTOR, its successors and assigns, will warrant and forever defend the right and title to the above described Property, unto Grantee, its successors and assigns against the claims of any persons owning, holding or claiming by, through or under Grantor. EXECUTED under seal as of the date above written.

Sworn to and subscribed before me GRANTOR:

this _____day of ________ 2013. COBB COUNTY, GEORGIA

____________________________ By:________________________________ Witness Timothy D. Lee, Chairman Board of Commissioners ____________________________ Attest:____________________________ Notary County Clerk

[Seal]

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EXHIBIT “A” Legal Description

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Ingress-Egress and Parking Easement Agreement to be provided under separate cover

Revised Aerial Mt. View Campus to be provided under separate cover Aerial Austell Campus to be provided under separate cover

Revised Platt Mt. View Campus to be provided under separate cover

Survey Platt Austell Campus to be provided under separate cover

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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 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 a contract with Garland/Design Build Solutions, Inc. for the restoration and cleaning of the State Court and Superior Court North Buildings.

BACKGROUND Exterior restoration and cleaning of the County buildings located at the Square was deferred over the last several years. Property Management put together a plan to address such restoration beginning with the State Court and Superior Court North Buildings which have been determined to be in the most need. This also coincides with the December 2013 completion of the Juvenile Court renovation located in the Superior Court North Building. The restoration scope will consist of low pressure chemical cleaning of the exteriors, trimming back trees, re-caulking as needed and cleaning of the windows of both the State Court and Superior Court North Buildings as well as the damp-proofing painting of the commercial grade masonry at the Superior Court North Building. Property Management reviewed the scope of work with Purchasing. This project is covered by the US Communities contract that is available to Cobb County through Garland/Design Build Solutions, Inc. Garland/Design Build Solutions, Inc. provided prices from qualified contractors. We also request a $14,000.00 contingency be established for unforeseen conditions. State Court Building Exterior Restoration $60,548.00Superior Court North Building Exterior Restoration $80,775.00

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$141,323.00 Contingency $14,000.00

Total $155,323.00

FUNDING Funding is available with the following transfer: Transfer from: 010-110-3640-8852 (Reserves) $155,323.00

Transfer to: 010-110-3640-6494 (Bldg & Grounds - R&M Svc) $155,323.00

RECOMMENDATION The Board of Commissioners approve a contract with Garland/Design Build Solutions, Inc., in the amount of $141,323.00, for the restoration and cleaning of the State Court Building, located at 12 East Park Square, Marietta, and the Superior Court North Building, located at 32 Waddell Street, Marietta; authorize a $14,000.00 contingency; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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FROM: John A. Reida, Director Willie A. Hopkins, Jr., Director of Support Services



PURPOSE To approve a contract with Garland/Design Build Solutions, Inc., for the replacement and restoration of the roof at the former Wachovia Bank building.

BACKGROUND The former Wachovia Bank building, located at 121 Haynes Street, Marietta, has had numerous roof leaks. The replacement and restoration of the roof includes the outer perimeter area of shingles, two flat roof areas, gutters and rotten fascia. Also included is the removal and replacement of rotten plywood decking. Remediation and disposal of all removed materials is included. It was determined that in order to properly handle the roofing issues, all roofing surfaces would be addressed to achieve leak-free conditions on both the flat and sloped areas of the roof with both areas replaced utilizing more energy efficient insulation and roofing materials. We received a price of $111,213.00 from Garland/Design Build Solutions, Inc., utilizing the U.S. Communities Purchasing Agreement, of which Garland/Design Build Solutions, Inc., is an authorized vendor. We also request a $6,000.00 contingency be established for unforeseen conditions.

Garland/Design Build Solutions, Inc. $111,213.00Contingency $ 6,000.00

Total $117,213.00

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FUNDING Funding is available with the following transfer: Transfer from: 010-110-3640-8852 (Reserves) $117,213.00 Transfer to: 380-450-4567-8111 (Roofing Projects) $117,213.00

RECOMMENDATION The Board of Commissioners approve a contract with Garland/Design Build Solutions, Inc., in the amount of $111,213.00, for the replacement and restoration of the roof at the former Wachovia Bank building located at 121 Haynes Street; authorize a $6,000.00 contingency; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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



PURPOSE To approve a contract with Garland/Design Build Solutions, Inc., for replacement and restoration of the roof at the Superior Court South facility.

BACKGROUND

The Superior Court South Building, located at 32 Waddell Street, Marietta, has had numerous roof leaks that have recently become severe. As assessment determined that there was considerable saturation of the roof insulation. A contractor removed as much of this as possible and patched the roof. We continue to have issues with leaks due to the partial saturation of the roof insulation and continued deterioration of the roof. The roof area of Superior Court South includes an outer perimeter flat roof area, large metal sloped mansards, and flat roofing in the central portion. The central portion also includes high vertical walls behind the large mansard sections and considerable large mechanical equipment mounted on the roof. It was determined that in order to properly handle the roofing issues, all roofing surfaces would be addressed to achieve leak-free conditions on all areas of the roof. The central flat roof has at least three layers of previous roofs that will be removed along with the saturated insulation. This will be replaced with more energy saving insulation and roofing materials. The mansards, vertical walls, and other roofing areas will be coated with a roofing material, completing the entire top of the building. We received a price of $221,342.00 from Garland/Design Build Solutions, Inc., utilizing the U.S. Communities Purchasing Agreement, of which Garland/Design Build Solutions, Inc., is an authorized vendor. We also request a $20,000.00 contingency be established for unforeseen conditions.

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Garland/Design Build Solutions, Inc. $221,342.00Contingency $20,000.00

Total $241,342.00

FUNDING Funding is available with following transfer: Transfer from: 010-110-3640-8852 (Reserves) $241,342.00

Transfer to: 380-450-4567-8111 (Roofing Projects) $241,342.00

RECOMMENDATION The Board of Commissioners approve a contract with Garland/Design Build Solutions, Inc., in an amount not to exceed $221,342.00, for replacement and restoration of the roof at the Superior Court South facility, located at 32 Waddell Street; authorize a $20,000.00 contingency; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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COBB COUNTY PUBLIC SAFETY AGENCY



ITEM NO.

911 Emergency

1 To approve an agreement with Motorola Solutions for the refresh/upgrade of hardware and software components of the 800 MHz Core System.

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Cobb County 911 Emergency Communications Ann Flynn, Emergency Communications Director

140 North Marietta Parkway Marietta, Georgia 30060-1454


FROM: Ann Flynn, Emergency Communications Director

This item has been electronically signed by:Ann Flynn, Emergency Communications Director Jack Forsythe, Director of Public Safety James Pehrson, CPA, Director/Comptroller


PURPOSE To approve an agreement with Motorola Solutions for the refresh/upgrade of hardware and software components of the 800 MHz Core System.

BACKGROUND

Cobb County Department of Public Safety is planning the refresh/upgrade of hardware and software components of the 800 MHz core radio system. The project will address and replace end of production and product support issues with core components of the radio system. The project will implement the new technology standard known as Project 25 Phase II. It will also include a technology refresh/upgrade of the radio operating system from 7.9 to 7.13. The jail repeater, being a recent addition to the radio system network, already contains the current hardware and only requires the Project 25 Phase II technology and the 7.13 operating system refresh/upgrade. In 2003 Cobb County contracted with Motorola Solutions for our current radio system. By the time this proposed project is implemented we will have received our expected ten years of usable life from the existing 800 MHz Core radio system. The past investment has served the County and the City public safety and non public safety agencies admirably over the course of its life with no system wide disruptions of service as a result of equipment failures. Improving communications interoperability was a critical commitment of post 9/11 visionaries within Cobb County and the region. With the addition of Federal grant funds the county radio system reached that goal and attained the Department of Homeland Security highest level of communications interoperability standard known as SAFECOM [http://www.safecomprogram.gov] level six (6) - Standards Based Shared System. Additionally

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the system has met the National Emergency Communications Plan (NECP) [http://www.dhs.gov/national-emergency-communications-plan-necp-goals] goal two (2) of demonstrating “response-level emergency communications within one hour for routine events involving multiple jurisdictions and agencies.” Today our regional radio system partners are Metro Atlanta Urban Area Security Initiative (City of Atlanta, Fulton and Dekalb Counties, and the State of Georgia), City of Douglasville, and Forsyth County. The regional partners independently selected Motorola Solutions as their vendor and with the help of Federal funds joined the Cobb County 800 MHz radio system, creating a regional interoperable communications network. This partnership proved invaluable during Michele Obama’s visit which traversed a number of counties and cities in Metro Atlanta. For the first time ever a regional radio system covered the entire presidential route. Motorola Solutions will be the sole source contractor for this project. Maintaining Motorola equipment will enable the county and the region to maintain the highest level of regional interoperability. The refresh/upgrade equipment will enable Cobb County to transition to the Project 25 Phase II standard without a complete 800 MHz core replacement. The proposed equipment is compatible with the 2011 SPLOST purchased MCC7500 dispatch consoles, at all Public Safety Answering Points (PSAPs) in Cobb County. The proposed refresh/upgrade strategy will prevent any serious disruption to the radio system users and regional partners by implementing a comprehensive refresh/upgrade plan which relies on redundant components and maximizes system up time. It will enable a reasonable refresh/upgrade cycle of the mobiles and portables. The refresh/upgrade equipment and new technology will enable all users to continue utilizing their current radios for a minimum of three (3) more years. Funding for the refresh/upgrade of the mobiles and portables will be addressed on a later agenda. The County and the Cities entered into an intergovernmental agreement, effective 2005, that anticipated the planned core replacement of the 800 MHz radio system and required each city to establish a Core Replacement Fund for that purpose. We have met with the cites and discussed this project and the funding strategy which utilizes the Core Replacement funds held by the County and the Cities. Utilizing the Core Replacement funds, subject to the Cities approval process, enables us to take this step to refresh/update the 800 MHz Core radio system with little impact to the general fund.

FUNDING

Funding will be available in the Capital Projects fund with the following transactions:

Increase Revenue 245-130-1910-4980 Fund Balance $9,195,543.45

Increase Expenditure 245-130-1910-6594Interfund Transfer

$9,195,543.45

Decrease Expenditure 010-015-0145-8820Undesignated Contingency

$250,790.00

Increase Expenditure 010-014-0140-6594Interfund Transfer $250,790.00

Decrease Expenditure 245-130-1910-8852Fund Balance Reserves $1,111,965.00

Increase Expenditure 245-130-1910-6594Interfund Transfer $1,111,965.00


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Increase Revenue 380-130-4616-4507Local 800 MHz Replacement

$2,726,616.00

Increase Expenditure 380-130-4616-8420Computer Equipment $2,726,616.00

Increase Revenue 380-130-4616-4960Interfund Transfer $10,558,298.45

Increase Expenditure 380-130-4616-8420Computer Equipment

$10,558,298.45

RECOMMENDATION The Board of Commissioners approve an agreement with Motorola Solutions subject to cities approval, in the amount of $13,284,914.45, for the replacement of hardware and software components of the 800 MHz Core Radio System, installation of Project 25 Phase II technology, and refresh/upgrade of the operating system version from 7.9 to 7.13; authorize the appropriation of any additional interest revenue as received from the cities and county; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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ITEM NO.

Chair (County-wide)

1 To approve an employment policy for the job classification of Judicial Administrative Specialists in Juvenile, State and Superior Courts.

2 To adopt a Resolution approving entering to the Memorandum of Understanding ("MOU") among the County, the Cobb-Marietta Coliseum Exhibit Hall Authority (the "Authority"), and the Atlanta National League Baseball Club, Inc. (the "Braves"), the owner and operator of the Atlanta Braves, a Major League Baseball franchise.

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TO: Board of Commissioners

FROM: Tim Lee, Chair

This item has been electronically signed by: Tim Lee, Chairman


PURPOSE To approve an employment policy for the job classification of Judicial Administrative Specialists in Juvenile, State and Superior Courts.

BACKGROUND Early in 2014 the County Manager and I were approached by Chief Judge Grubbs, Superior Court regarding salary inequities within the job classification of Judicial Administrative Specialists in Superior Court as a result of lateral transfers fromState Court . In meeting with Judge Grubbs it was recommended that an employment policy be created that guided the salary administration for the classification within the existing salary grade since this job classification spans several courts. Judge Grubbs agreed to take the lead on drafting a policy with the other courts. Once a draft policy was submitted, Human Resources applied the proposed guidelines to existing incumbents for this classification. The proposed guidelines assign points to incumbents and future incumbents based on their prior experience and their assigned court. Implementation of this policy will result in annual salary adjustments of seven incumbents in Juvenile, State and Superior Courts totaling $20,332. The guidelines create hierarchy of the courts by allocating points based on the Court the incumbent is assigned. As a result of this hierarchy, the State Court is not in agreement with this policy. Chief Judge Grubbs has asked for the Board of Commissioners to move forward with the approval of this policy and the associated adjustment.

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FUNDING Funding is currently available in the General Fund’s Undesignated Contingency and will be appropriated to the corresponding court’s personnel services budget with the following transfers: Transfer Out: 010-015-0145-8820 (General Fund Undesignated Contingency) $ 20,331.98 Transfer In: 010-190-8900-Personnel Services (Juvenile Court) $ 546.88 010-220-9400- Personnel Services (State Court) $ 6,839.82 010-225-9510/9520 - Personnel Services (Superior Court ) $ 12,945.28 $ 20,331.98

RECOMMENDATION To grant the request of Judge Grubbs to approve the attached employment policy for the job classification of Judicial Administrative Specialists in Juvenile, State and Superior Courts, authorize Human Resources to process the salary adjustments with implementation, and further authorize the necessary budget transfers.

ATTACHMENTSEmployment Policy for Judicail Administraitve Specialist


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Employment Policy: Judicial Administrative Specialist

Scope: Superior Court, State Court, and Juvenile Court

Judicial Administrative Specialists serve an important function by providing support to their

assigned Judge. When there is a change in the offices of the Judges, it is necessary that there is

smooth transition and that the citizens continue to be provided with quality customer service.

The following guidelines are established to give the level of responsibility and accountability of

those to whom these positions directly report to.

• Each Judge appoints a Judicial Administrative Specialist, whose role is to provide the

necessary administrative support to the Judge and ensure the smooth operation of the

Judge’s office. Judicial Administrative Specialists serve at the pleasure of the Judge who

appointed them and are considered “at will” employees.

• Judicial Administrative Specialists report directly to the Judge who appoint them and are

responsible only to this Judge.

• In the event of a vacancy in a Judge post, the Chief Judge will assume supervision of the

vacant Judge’s Assistant until the Judge’s post is again filled.

• At the end of a Judge’s term, the incoming Judge has the discretion to allow the existing

Judicial Administrative Specialist to extend their employment for a reasonable period to

provide for a smooth transition.

• In the event of a Judge’s mid-term resignation, the Judicial Administrative Specialist’s

appointment is extended until the new Judge takes office.

• The salary for the incumbents of a Judicial Administrative Specialist position will receive

a certain number of credits based on experience, longevity and Court. This will not be

discretionary.

Each employee will receive credit for each year completed in the following service areas

for years exceeding the five year minimum experience required for the position:

o Completed years of service as a Judicial Administrative Assistant/Secretary for any

Superior, Juvenile, State, Magistrate or Probate Court of this State.

o Completed years of service in any Clerk’s office of Superior Court, Juvenile, State,

Magistrate and Probate.

o Completed years of service as Secretary/Paralegal in any full-time private Attorney’s

office in this State.

o Completed years of service as Secretary/Paralegal in the District Attorney’s office, or

Solicitor General’s office in this State.

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o Completed years of service in any other Secretarial/Administrative position with

Cobb County.

(Each completed year counts as one credit. There can be no duplication of years.)

o Additional credits shall be given for the following Courts:

� Superior Court – 5 additional credits

� State Court Division One and Juvenile Court – 3 additional credits

� State Court Division Two, Probate and Magistrate Court – 1 additional credit

o Each credit is worth $750.00 per annum applied to the minimum until the maximum

of the salary range is reached at which point the employee will top out.

o Once an employee’s entry salary is established for this position in the assigned court,

future salary adjustments will be only those as approved for all County employees

such as merit. The entry salary may be revisited per this policy should an employee

transfer from one Court to the other to provide. In no instance will an incumbents

salary be reduced as a result of this policy.

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PURPOSE To adopt a Resolution approving entering to the Memorandum of Understanding ("MOU") among the County, the Cobb-Marietta Coliseum Exhibit Hall Authority (the "Authority"), and the Atlanta National League Baseball Club, Inc. (the "Braves"), the owner and operator of the Atlanta Braves, a Major League Baseball franchise.

BACKGROUND

The MOU sets forth certain material terms of the parties agreements regarding the development,design, financing, construction and operation in the County of (1) a new multi-purpose sports, entertainment and recreation facility (the “Stadium”) and certain parking areas to be owned by the Authority (the "Authority Parking", and collectively with the Stadium, the “Stadium Project”) for exclusive use by the Braves in accordance with the MOU, and (2) a mixed-use retail and entertainment district and privately owned parking to be developed on an approximately 60 acres of land in the County by the Braves or its affiliate or other private assignee. The MOU also includes the parties' agreement to negotiate in good faith to develop and execute certain agreements consistent with the MOU, including, without limitation, a Stadium Operating Agreement, an Intergovernmental Agreement, certain Bond Documents, Transportation and Infrastructure Agreement, a Non-Relocation Agreement and a Construction Management Agreement. The MOU will become effective on its dated date of November 26, 2013. The Braves' leaseof the Stadium will commence with the 2017 Atlanta Braves season and initially extend for thirty years through the 2046 season. The Braves will have the right to extend the term for an additional five years through the 2051 Major League Baseball season.

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As provided in greater detail in the MOU, the total budget for the Stadium Project (including parking and related infrastructure) is approximately $672 million; the Braves will agree to contribute $372 million, which is 55% of the total current budget, and the County, the Authority and the Cumberland Community District (the "Cumberland CID", and together with the County and the Authority, the "Public Bodies") will agree to contribute a maximum of $300 million, which is 45% of the total current budget, which will include revenue bonds to be issued by the Authority, certain transportation improvements to be made by the County and a contribution from the Cumberland CID. The Braves' contribution will include acontribution of $230 million plus a contingency amount of up to $50 million (based on the $672 million current budget) and ongoing annual payments of stadium rent, naming rights revenues, parking revenues and marquee advertising revenues to be applied to pay a portion of the debt service due on the Authority's revenue bonds and currently estimated to support debt service on $92 million of such revenue bonds. The Braves or an affiliate of the Braves will serve as the design and construction manager for the Stadium Project. The Braves will be responsible for any cost overruns. Except for the County’s right to conduct a limited number of special events at the Stadium, the Braves will have exclusive rights to use and operate the Stadium and permit designated third parties to do the same. Except for the Public Bodies' share of stadium rent, naming rights revenues, parking revenues and marquee advertising revenues, the Braves will retain all revenues associated with the Stadium. The Atlanta Braves will be responsible for all operating expenses of the Stadium. The Bravesand the County will be jointly responsible for all capital maintenance expenses of the Stadium. It is anticipated that the construction of the Stadium will result in significant economic impacts in the County and the region. Current estimates include:

• 5,227 construction jobs with $235,000,000 in construction earnings, $35,000,000 of which will be in earned in Cobb County.

• 3,141 ongoing ballpark jobs, resulting in $35,800,000 in earnings, with 1,617 of those jobs in Cobb County, resulting in earnings of $6,232,500 in Cobb County.

• Visitor spending, resulting in 873 jobs, which provide $25,000,000 in earnings, of which $8,906,754 will be earned in the County.

In addition, the Braves plan to invest $400 million in a mixed-use development, to include, without limitation, retail and entertainment, which will result in significant property tax revenues to both the County and the Cobb County School System.

FUNDING

The County's contributions to finance a portion of the cost of construction and on-going capital maintenance of the Stadium Project will be budgeted in the respective budget years.

RECOMMENDATION

The Board of Commissioners adopt a Resolution approving the County entering to the Memorandum of Understanding ("MOU") among the County, the Cobb-Marietta Coliseum Exhibit Hall Authority (the "Authority"), and the Atlanta National League Baseball Club, Inc. (the "Braves”), the owner and operator of the Atlanta Braves, a Major League Baseball


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franchise, which MOU (a) sets forth certain material terms of the parties agreements regarding the development, design, financing, construction and operation on approximately 60 acres of land in the County of (1) a new multi-purpose sports, entertainment and recreation facility (the “Stadium”) and certain parking areas to be owned by the Authority (the "Authority Parking", and collectively with the Stadium, the “Stadium Project”) for exclusive use by the Braves in accordance with the MOU, and (2) a mixed-use retail and entertainment district (the “Retail and Entertainment District”) and privately owned parking to be developed in the County by the Braves or its affiliate or other private assignee and (b) the parties agreement to negotiate in good faith to develop and execute certain agreements consistent with the MOU, including, without limitation, a Stadium Operating Agreement, an Intergovernmental Agreement, certain Bond Documents, a Transportation and Infrastructure Agreement, a Non-Relocation Agreement and a Construction Management Agreement, and authorize the Chairman to execute the necessary documents.

ATTACHMENTSMemorandum of Understanding

Resolution


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1

Memorandum of Understanding

This Memorandum of Understanding (“MOU”) is made and entered into as of the 26th day of November, 2013, by and among the Cobb-Marietta Coliseum and Exhibit Hall Authority (the “Authority”), Cobb County, Georgia (the “County”), and the Atlanta National League Baseball Club, Inc. (“ANLBC”). The Authority, the County, and ANLBC are collectively referred to herein as the “Parties” and individually as a “Party.” WHEREAS, ANLBC is the owner and operator of the Atlanta Braves (“Team”), a Major League Baseball (“MLB”) franchise that has been a valued community asset since relocating to the metropolitan Atlanta area in 1966; and

WHEREAS, ANLBC has determined that it is in the best interests of the Team and its fans to relocate to a site that will provide greater access to its regional fan base; and WHEREAS, ANLBC, after thorough investigation and analysis, determined that the development and construction of a new multi-purpose sports, entertainment and recreation facility (the “Stadium”) is important to providing the Team with the opportunity for long-term economic and competitive viability; and WHEREAS, the County and the Authority (collectively the “County Parties”) believe that the development and construction of the Stadium will provide a significant and much needed catalyst for revitalization and continuing redevelopment of the property in the vicinity of the Stadium; and WHEREAS, the Stadium and certain of the parking areas (the “Authority Parking”) will be publicly-owned by the Authority, but ANLBC is willing to make a significant investment in the Stadium, certain other privately owned parking areas (the “Parking Areas”) and the Retail and Entertainment District described in the “Background” section below, and to commit to remain at the Stadium for an additional thirty (30) years from the completion of the Stadium; and WHEREAS, the Parties intend to create a significant redevelopment project including private, complimentary mixed-use development adjacent to the Stadium in keeping with the vision of the Blueprint Cumberland II Master Plan; and WHEREAS, the County, the Authority, and the Cumberland Community Improvement District (“CID”) are willing to make significant investments in the Stadium and Authority Parking and redevelopment around the Stadium (the County, the Authority and the CID are sometimes referred to collectively as the “Public Bodies”); and WHEREAS, the Parties have concluded that the proposed public/private partnership for the Stadium and associated redevelopment is in the best interests of the Parties and the citizens of the County, metropolitan Atlanta and the State of Georgia; and

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WHEREAS, the Parties are presenting hereby the essential terms and conditions regarding the subject matter described herein to the Board of Commissioners of the County and the Board of Directors of the Authority; and NOW, THEREFORE, the Parties agree as follows:

Background

The Parties wish to outline certain material terms of their agreement regarding the design, financing, construction and operation within the County of (1) the Stadium and the Authority Parking for exclusive use by ANLBC on the terms and conditions of this MOU (the “Stadium Project”); and (2) a vibrant, mixed-use retail and entertainment district (the “Retail and Entertainment District”) and Parking Areas to be developed by ANLBC on the Site (as defined in Section 1 below), or its affiliated entity, BRED Co., LLC (“BRED”), or other private assignee or Affiliate (as defined below) as designated by ANLBC. This MOU presents the Parties’ agreement concerning those material terms. This MOU is not intended as a complete and final agreement governing these matters, and the Parties intend to execute one or more final agreements to govern these matters in greater detail. However, the Parties do intend for this MOU to be binding as to the points specifically addressed by this MOU and to bind the Parties to negotiate in good faith to develop and execute one or more final agreements consistent with those specific points, including, without limitation, a long form Stadium operating agreement (the “Stadium Operating Agreement”) to be executed by the Parties, an intergovernmental agreement among the County, the Authority and the CID (the “Intergovernmental Agreement”), necessary bond financing documents to be executed as applicable by the County Parties in connection with their respective financial contributions(the “Bond Documents”), a development agreement among the County, the Authority and ANLBC (the “Development Agreement”), a transportation and infrastructure agreement between the County and ANLBC (the “Transportation and Infrastructure Agreement”), a non-relocation agreement among the County, the Authority and ANLBC (the “Non-Relocation Agreement”), and such other long form agreements as may be necessary to effectuate the transactions contemplated by this MOU. Any reference in this MOU to ANLBC shall mean ANLBC or any such Affiliate created for such purpose. As used herein, “Affiliate” means, as to any entity, any other entity which is controlled by, controls, or is under common control with that entity. The term "control" (including the terms "controlled", "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity. This MOU, the Stadium Operating Agreement, the Intergovernmental Agreement, the Bond Documents, the Transportation and Infrastructure Agreement, the below-defined Non-Relocation Agreement, the below-defined CM Agreement, and such other documents and agreements as the Parties may agree are necessary to implement this MOU, are sometimes referred to herein as the “Definitive Documents.” 1. Site Acquisition and Public Infrastructure. ANLBC has caused BRED to enter into a contract granting BRED the right to purchase land in Cobb County (the “Site”). The Site and the proposed location of the Stadium on the Site (the “Stadium Site”), shall be described in the Stadium Operating Agreement. The Parties acknowledge and agree that a portion of the Site will also be developed and utilized as parking areas for the Stadium, the specific location of the Authority Parking and the Parking Areas to be set forth in the Stadium Operating Agreement.

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Upon the closing of the transaction to be evidenced by the Bond Documents (“the Bond Transaction”) and other transactions contemplated by this MOU and execution of the Stadium Operating Agreement, ANLBC shall contemporaneously convey only the land comprising the Stadium Site and Authority Parking to the Authority (provided ANLBC shall retain certain “air rights” subject to agreement of the Parties and to be more fully set forth in the Stadium Operating Agreement) and ANLBC shall retain all right, title and interest in and to (a) the remaining Parking Areas developed by ANLBC and the development parcels within the Retail and Entertainment District and adjacent to the Stadium Site and Authority Parking and (b) all other development parcels acquired by ANLBC or BRED (the “Development Parcels”). As contemplated in the Parties’ plan of financing for the Stadium Project (“Plan of Financing”), attached hereto as Exhibit A, and in consideration, in part, of the “ANLBC Contribution” (as defined in Section 2 below and as provided for on Exhibit A), and of ANLBC conveying the land comprising the Stadium Site and Authority Parking to the Authority, the County Parties have agreed to finance the design, development and construction of the Public Infrastructure identified in this MOU as specifically provided for in the Plan of Financing and to be more specifically provided in the Intergovernmental Agreement and as limited by the Stadium Budget described in Section 2 of this MOU.

“Public Infrastructure” shall mean all property, facilities and improvements that facilitate

the development and use of the Stadium Site and Authority Parking, including (a) property and improvements for drainage, sewage, pipeline relocation, and Authority Parking; (b) roadway, transit, pedestrian and other improvements including directional signage, each as provided for in the Transportation and Infrastructure Concept Plan contained in Exhibit D; (c) curbing, gutters, and lot striping, (d) transit improvements to facilitate public access to the Stadium and Authority Parking, also as provided for in the Transportation and Infrastructure Concept Plan described in Exhibit D; and (e) lighting, landscaping and utilities. “Public Enhancements” shall mean improvements to streets and sidewalks or other public rights-of-way for the purpose of enhancing the movement, safety, convenience, or enjoyment of the Stadium patrons and other pedestrians, such as directional signage, decorative lighting and surfaces, plantings, display and exhibit space, adornments, seating and transit and bus shelters and other designated improvements located within the Development Parcels that provide connectivity and unify the Stadium Project. Responsibility to pay for Public Enhancements will be agreed upon by the Parties as set forth in the Development Agreement, the Transportation and Infrastructure Agreement, and the Intergovernmental Agreement described in Sections 15, 16 and 17 herein. In no event, however, will public funds be expended to pay for Public Infrastructure on privately owned property or for property that will be owned privately.

The County has agreed to use its best efforts, as permitted by law and to the extent budgeted in the Plan of Financing and/or identified in the Transportation and Infrastructure Concept Plan contained in Exhibit D, or as may otherwise be supplemented by any available state or federal financial assistance, to modify and move existing roadways within the Site and the Development Parcels, including, without limitation, Windy Ridge Parkway and Circle 75 Parkway, as necessary, to accommodate the Parties’ desired location for the Stadium on the Stadium Site and the Authority Parking. The County will consider, in accordance with and subject to applicable law, requests for modifications to existing zoning regulations by ANLBC to the extent necessary for ANLBC to utilize the Stadium Site, the Authority Parking, the Parking

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Areas and the Development Parcels for their intended purposes as described in this MOU. In the event the proposed Site is determined by the Parties to be unsuitable for location of the Stadium and Authority Parking, the Parties agree to work in good faith to secure an alternative site within Cobb County for the Stadium and the Authority Parking. The foregoing and any other provisions hereof to the contrary notwithstanding, the financial obligations of the Authority and the County with respect to the Public Infrastructure, the Public Enhancements and all other matters addressed in this Section 1 shall be limited to amounts that are budgeted within the Plan of Financing and further limited to (and shall not exceed) the related costs to be funded out of the County’s Contribution (defined below) as expressly provided in the Plan of Financing and to be more specifically provided in the Intergovernmental Agreement.

2. Project Financing. The County Parties have agreed to provide for financing of the construction of the Stadium and Authority Parking improvements and for necessary improvements to the Stadium, the Stadium Site, the Authority Parking, and transportation and public infrastructure as provided for in the Transportation and Infrastructure Concept Plan contained in Exhibit D, with specific funding amounts and sources of funding to be contributed by the Public Bodies (the “County Contribution”) as contained in the Plan of Financing shown on Exhibit A. Particulars of the County Contribution will be more fully set forth in the Bond Documents and the Intergovernmental Agreement. The County Parties agree to provide to ANLBC copies of all drafts distributed to other parties, proposed execution copies and execution copies of all Bond Documents being executed to effectuate the County Contribution and to allow ANLBC to review and comment on such draft Bond Documents, and to participate in all unprivileged related meetings, discussions and calls related to the County Contribution. ANLBC shall also have the right to review and comment on any documents which amend or modify the Bond Documents, and to the extent any such amendment or modification has a material impact on ANLBC’s obligations hereunder, approve any such amendment or modification, such approval not to be unreasonably withheld, conditioned or delayed. ANLBC has agreed to contribute the amounts set forth on Exhibit A for those items related to the Stadium Project and Authority Parking listed on Exhibit A as the “ANLBC Contribution”. The Parties anticipate a total Stadium Project budget not to exceed $672,000,000 (the “Stadium Budget”), subject to a reduction of up to $50,000,000 (the “ANLBC Discretionary Amount”) in ANLBC’s sole and absolute discretion and as described under the “ANLBC Contribution” set forth on Exhibit A. The Stadium Budget will include an amount allocated for usual and customary Stadium furniture, fixtures and equipment (“Stadium FF&E”), such Stadium FF&E to be consistent with recently built MLB stadiums and mutually agreed upon by the Parties, subject also to the Plan of Financing. Except for the ANLBC Discretionary Amount, any other increase or decrease in the Stadium Budget will require the prior, written consent of all of the Parties. The Parties agree that if the Stadium Budget (payable by the ANLBC Contribution and the County Contribution) is reduced by the ANLBC Discretionary Amount, the scope of the Stadium Project will be reduced and the Stadium Budget will be revised to reflect the reduction of the ANLBC Contribution (“Revised Stadium Budget”) provided, however, in no event shall the County Parties be obligated for any costs exceeding the County Contribution except as may be specifically provided for in the next to last sentence of this Section 2. It is presently contemplated that the Stadium will be constructed pursuant to a fixed fee contract, and that none of the Parties would be responsible for paying any additional amounts over and above the Stadium Budget or Revised Stadium Budget, as applicable, and that the fixed fee contract will include an express deadline

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for completing the Stadium Project and financial penalties imposed on the contractor for failing to meet that deadline as more fully set forth in Section 5 below. Once the Stadium has been designed and approved by all of the Parties, change orders or upgrades requested by a Party and approved by the other Parties shall be paid for first from any project contingency set forth in the Stadium Budget and thereafter with funds outside the Stadium Budget by the Party requesting such change order. Unless the Authority or the County should incur responsibility for a cost pursuant to the preceding sentence or as may otherwise be agreed to by the Public Bodies in writing, in no event shall any of the Public Bodies have any responsibility for costs or expenses of the Stadium Budget or Revised Stadium Budget that are not provided for in the County Contribution under the Plan of Financing.

3. Stadium Design and Construction. (a) Design. ANLBC shall contract with an architect to design the Stadium, such architect to be subject to the County Parties’ approval, such approval not to be unreasonably withheld, conditioned or delayed. ANLBC will have final (except for non-delegable governmental functions of the County or the Authority as required by law) approval rights over the design and construction plans and specifications for the Stadium, provided that the County Parties shall have the right to participate in all design meetings and the right to review and comment on the material design aspects of the proposed plans and specifications for the Stadium, and provided that the material elements of the final design must be acceptable to all Parties, such acceptance not to be unreasonably withheld, conditioned or delayed. ANLBC and the County Parties shall work together to develop a process for the submission to, and timely review and comment by, the County Parties of proposed plans and specifications, in order to provide for an orderly and expeditious design review process. ANLBC shall be responsible for paying all fees to the Stadium architect and such fees shall come out of the ANLBC Contribution to the Stadium Budget. In light of its role regarding design, ANLBC shall also have all responsibility for design matters, insurance and bonding requirements for the selected architect, and all responsibility for the Stadium Budget, including, without limitation, cost overruns (except for change orders and resulting cost overruns pursuant to the next to last sentence of Section 2 above). (b) Construction. The County Parties will contract with ANLBC or an ANLBC Affiliate to serve as construction manager (the “Construction Manager”) (such contract being the “CM Agreement”). The Construction Manager will not be responsible for actual construction work or providing construction labor or building materials, but rather, pursuant to the CM Agreement, the Construction Manager, subject to the rights of the County Parties set forth herein, shall be responsible for all aspects of managing the construction of the Stadium and the Authority Parking, including, without limitation, the process whereby the County Parties will select and contract with the general contractor and/or any other person or entity necessary for the construction of the Stadium and the Authority Parking, and ensuring that the Stadium and Authority Parking meet the approved design criteria, plans and specifications developed by the architect retained by ANLBC, provided that the final construction contract must be acceptable to all Parties, such acceptance not to be unreasonably withheld, conditioned or delayed. The general contractor will be a nationally or internationally recognized general contractor experienced in the construction of professional sports and entertainment venues and related facilities of the nature contemplated in this MOU. However, the award of the construction

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contract shall be subject to compliance with the Georgia Local Government Public Works Construction Law and compliance with all applicable federal, state and local laws and regulations. Payment and performance bonds and insurance certificates shall be required from the general contractor, and from such major subcontractors as the parties may reasonably agree or as may otherwise be required by any lenders or otherwise required in connection with the Bond Transaction. ANLBC or its Affiliate shall regularly consult with the County Parties in the management and development of the Stadium and Authority Parking and shall consider in good faith their advice and opinions. Pursuant to the CM Agreement, ANLBC shall participate in and approve all aspects of the construction of the Stadium and the Authority Parking including, without limitation, prior review and approval of all Stadium and Authority Parking plans and specifications (to the extent not approved as part of the architect plans and specifications), shall conduct a prior review and approval of all contractors, and shall coordinate and participate in construction or project team meetings and completion reviews. In light of its role regarding construction, ANLBC shall also have all responsibility for management of construction matters and all responsibility for related Stadium Budget impacts, including, without limitation, cost overruns (except for change orders resulting in cost overruns pursuant to the next to last sentence of Section 2 above). The County will conduct required inspections for compliance with federal state and local building codes and other laws and regulations. 4. Term and Termination. The “Term” of the MOU shall commence upon the date set forth above and ANLBC hereby agrees to cause the Team to play its home games at the Stadium commencing with the 2017 MLB season through the conclusion of the Team’s 2046 season, inclusive of any extension and subject to termination as set forth herein or in the Stadium Operating Agreement or Non-Relocation Agreement. The Parties shall have certain limited termination rights as more fully set forth in the Stadium Operating Agreement and the Non-Relocation Agreement. In addition, ANLBC shall have the right to terminate this MOU (and the Stadium Operating Agreement) in the event the Bond Transaction has not closed in the Bond amount set forth in the Plan of Finance by December 31, 2014, provided that funding from the CID may be provided by guaranteed installment payments, and funding of local transportation improvement contributions may be provided as set forth in the Transportation and Infrastructure Agreement, Exhibit D. Each Party retains the right to seek money damages, specific performance, and any other remedies available at law. ANLBC shall have the option to extend the Term of this MOU (and the Stadium Operating Agreement) for an additional five (5) years, through December 31, 2051, by providing written notice to the Authority on or before April 1, 2045.

5. Stadium Construction Commencement and Completion Date. The Parties agree to use their collective best efforts to cause the commencement of construction of the Stadium and Authority Parking no later than January 1, 2015 and to cause such construction to be completed, in the case of the Stadium office space for occupancy by ANLBC, on or before December 15, 2016 and in the case of the entire Stadium on or before February 1, 2017; provided that the Stadium and the Authority Parking shall have received all necessary approvals including, without limitation, regulatory, MLB and ANLBC approval, such that the Stadium and the Authority Parking can be used for the intended purpose of the Team playing its home games at the Stadium commencing in March of 2017. The County Parties agree that completion of the Stadium and the Parking Areas on time is of great importance to ANLBC and that ANLBC will

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suffer substantial damages in the event the Stadium and the Authority Parking are not completed on time. As such, the Parties agree that the construction agreement with the general contractor shall contain a provision that if the Stadium and the Authority Parking are not completed on or before March 1, 2017, the general contractor agrees to compensate ANLBC through late delivery liquidated damages in an amount acceptable to ANLBC and to be set forth in the construction contract for each home game for which the Stadium is not available for the Team to play its home games, and to compensate other Parties through other liquidated damages as deemed appropriate by the Parties and set forth in the construction contract. 6. Use, Operation and Management of the Stadium, Stadium Site, Parking Areas and Retail and Entertainment District. Except for the County’s right to conduct a limited number of special events at the Stadium per Section 12 below, ANLBC shall have the exclusive right to use, manage, operate and permit designated third parties to use, manage and operate the Stadium, the Stadium Site, Authority Parking, and the Retail and Entertainment District including Parking Areas, for all lawful purposes during the Term (including any extension thereof) including, without limitation, the exclusive right, to exhibit, promote, schedule and play Team home games in the Stadium and to exercise its best and diligent efforts to regularly authorize, promote and/or stage other sporting events, special events, concerts, festivals and/or other activities or events in the Stadium, the Stadium Site, the Parking Areas and the Retail and Entertainment District. ANLBC shall be permitted to enter into contracts, retain vendors and otherwise take all other actions necessary and desirable to exploit the exclusive rights set forth herein, provided the same are lawful and are within the scope of this MOU. 7. Stadium Revenues. Except for payment to the County Parties of the Stadium Rent and the Additional Rent (each as defined in Section 10 below), ANLBC shall have the right to retain all revenues, fees and other amounts generated by ANLBC pursuant to the Stadium Operating Agreement and this MOU from the use, operation, management, license, sublicense and/or rental of the Stadium, the Stadium Site, the Authority Parking (for Stadium events), the Parking Areas and the Retail and Entertainment District including, without limitation, all revenues from the sale of private club membership fees, catering and restaurant revenues, office space, private suites, club seats, premium seating licenses, pavilion areas, sponsorships, signage and advertising sales, ticket sales, concessions, broadcast, merchandise, Internet and other media revenues, special event revenues and all other revenues generated in connection with the Stadium, the Stadium Site, the Authority Parking, the Parking Areas and the Retail and Entertainment District and all of the uses set forth in Section 6 above, provided, that the scope of the foregoing does not extend to public tax or assessment revenues such as hotel/motel tax revenues or other public revenues such as from trains, circulators, buses or other public transportation services. ANLBC shall have the right to contract with, and sublicense its rights to, third party vendors retained by ANLBC, provided such activities are lawful and are within the scope of this MOU. The parties understand that the scope of this Section 7 is limited to revenues of the Stadium Project (which includes the Authority Parking). The County Parties disclaim any right to private revenues that are not revenues of the Stadium Project (including the Parking Areas), and ANLBC disclaims any right to revenues from public facilities, services or functions.

8. Stadium Expenses. Except to the extent that this MOU provides for the payment of Capital Maintenance and Repairs (as defined in Section 9 below), ANLBC shall be

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responsible for all costs and expenses in connection with its use, operation and management of the Stadium, the Stadium Site and the Authority Parking, including, but not limited to, utilities, cleaning, routine maintenance and routine repairs (but excluding staffing, cleaning and utilities for County events described in Section 12 below). The Stadium’s architect and general contractor shall be required in their contracts to provide insurance coverage for the Parties during the design and construction of the Stadium, respectively, all such insurance in amounts, types and with providers acceptable to all of the Parties and as more fully set forth in the Stadium Operating Agreement. The County Parties shall be responsible during the Term for obtaining and administering all insurance related to the ongoing “all-risk” coverage for the damage or destruction of the Stadium and its components (but excluding Team personal property) and covering the County’s use of the Stadium for County events, all such insurance in amounts, types and with providers acceptable to the Parties and as more fully set forth in the Stadium Operating Agreement, provided that the costs of such insurance shall be borne half by ANLBC and half by the County Parties. ANLBC shall be solely responsible for the cost and expense of insurance in connection with its operation of the Stadium and Team personal property being consistent with insurance typically obtained in connection with similar stadium projects and events in amounts and with providers consistent with industry standards for MLB stadiums and as more fully set forth in the Stadium Operating Agreement. 9. Capital Maintenance Fund. ANLBC and the County Parties agree to establish the “Capital Maintenance Fund” for capital maintenance and repairs for the Stadium and Authority Parking, to make equal annual contributions to the fund, and to each be responsible, on an equal, 50/50 basis, for all capital improvements and all capital maintenance and repairs needed, from time to time, for the Stadium, the Stadium Site and the Authority Parking (such proposed capital improvements and repairs (the “Capital Maintenance and Repairs”) to be submitted by ANLBC to the County Parties and mutually agreed upon by all Parties on an annual basis and reflected in a written document and as more fully set forth in the Stadium Operating Agreement and Intergovernmental Agreement. The Parties intend for the Stadium to be maintained in such a manner so as to be a competitive MLB facility throughout the Term (including any extension thereof). ANLBC and the County Parties agree that Capital Maintenance and Repairs shall include, without limitation, the items of the type listed on Exhibit C. Any Capital Maintenance and/or Repair necessitated by an emergency, as shall be defined in the Stadium Operating Agreement, shall not require prior submission to the County Parties and may be made by ANLBC in its reasonable discretion, but notice of the repair, the circumstances necessitating the repair, and the cost shall be provided to the County Parties within five (5) business days of the occurrence. The County Parties shall hold and maintain the Capital Maintenance Fund. The Parties will fund the Capital Maintenance Fund so that it will have a minimum balance at all times following initial funding in an amount reasonably acceptable to and agreed upon in writing by the Parties and funded by the Parties based on the forecasted needs of the Stadium to allow the Stadium to maintain its status as a competitive MLB facility. The Parties intend to fund the initial balance in the Capital Maintenance Fund out of anticipated savings on or reductions of the Stadium Budget, County Parties’ tax credits or rebates that may be applicable to the Stadium Project, revenues from County events described in Section 12 below, and/or other sources acceptable to the Parties, provided, however, the Parties do not anticipate the need to draw upon the Capital Maintenance Fund until after the conclusion of the Team’s third (3rd) season playing at the Stadium. The Capital Maintenance Fund shall be maintained as a separate trust fund by

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the County and the amounts in the Capital Maintenance Fund, including all earnings on such amounts, shall be disbursed from time to time solely for the purpose of financing approved Capital Maintenance and Repairs at the Stadium during the Term (including any extension thereof). All disbursements of such funds shall be subject to the prior, written approval of ANLBC and the County. The funds in the Capital Maintenance Fund shall be managed and invested by a third party investment advisor acceptable to the Parties in such investments as are permitted under applicable county, state and federal law and regulations. In the event any monies remain in the Capital Maintenance Fund at the end of the Term (including any extension thereof) or upon any termination of this MOU or the Stadium Operating Agreement, such monies shall be divided on the basis of the Parties’ relative contributions to the Capital Maintenance Fund. The foregoing notwithstanding, ANLBC shall exclusively bear the costs of upgrades or requests that exceed industry standards and that are not reasonably necessary to maintain the Stadium as a competitive MLB facility. The foregoing and any other provisions hereof to the contrary notwithstanding, except to the limited extent provided above regarding the Capital Maintenance Fund and certain insurance requirements pursuant to Sections 8 and 12 of this MOU, the financial obligations of the County Parties under this MOU shall be limited to amounts that are within the Stadium Budget or Revised Stadium Budget and further limited to (and shall not exceed) the related costs to be funded out of the County’s Contribution as expressly provided in this MOU. 10. Stadium Rent and Additional Rent. Commencing in 2017 and each year thereafter during the Term (including any extension thereof), ANLBC shall pay to the appropriate County Party as designated in the Intergovernmental Agreement (“Appropriate County Party”), as applicable, annual rent in the amount of Three Million and 00/100 Dollars ($3,000,000.00) (the “Stadium Rent”), payable in equal, semi-annual payments on June 1 and October 1 of each year. The Stadium Rent first shall be used to fund debt service on the bonds financing a portion of the County Contribution as set forth in the Plan of Financing (the “Bonds”). If the Bonds on the Stadium have been retired, the Stadium Rent shall next be applied to fund the County Parties’ contribution to the Capital Maintenance Fund as required under Section 9 of this MOU for that year. If any excess remains after the County Parties’ obligations to fund debt service have been retired and the County Parties’ contribution to the Capital Maintenance Fund is satisfied for the year in which the Stadium Rent is received, the County may contribute the excess to the Capital Maintenance Fund in its name as a credit against future years’ Capital Maintenance Fund funding obligations, or may utilize the excess for other County purposes within the CID, including transportation, public safety and infrastructure needs, Public Infrastructure or Public Enhancements contemplated by this MOU, projects benefiting the Public Bodies, and/or tax reduction measures. The Stadium Rent is guaranteed and payable by ANLBC whether or not ANLBC is using the Stadium. Commencing in 2017, ANLBC has also agreed to pay to the appropriate County Party as designated in the Intergovernmental Agreement, additional rent in the amount of Three Million One Hundred Thousand and 00/100 Dollars ($3,100,000) (the “Additional Rent”), payable in equal, semi-annual payments on June 1 and October 1 of each year, such Additional Rent to be funded by ANLBC in its discretion which may include from potential naming rights revenues, parking revenues and Stadium marquee advertising revenues. The Additional Rent is also guaranteed and payable by ANLBC whether or not it receives any revenues from the aforementioned sources but subject to the last sentence of this Section 10. The Additional Rent shall be used solely to fund debt service on the bonds

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financing a portion of the County Contribution as set forth in the Plan of Financing (the “Bonds”). Once the Bonds on the Stadium have been retired, ANLBC shall no longer be required to pay the Additional Rent.

11. Stadium Naming Rights. ANLBC shall have the exclusive right to sell naming rights to the Stadium as a whole and, except for payments it makes as part of the Additional Rent, to retain all revenues derived from such sale, provided that its payment obligations are not limited to such source. ANLBC agrees it will not sell naming rights to the Stadium to any entity engaged in any business involving illegal activity, sexually suggestive conduct and/or obscene or pornographic materials. The County and the Authority acknowledge that ANLBC reserves the right to sell sponsorship or naming rights to other areas of the Stadium (including, without limitation, cornerstone or founding partner sponsorships), the Stadium Site, Authority Parking, the Parking Areas and the Retail and Entertainment District including, without limitation, to private clubs, suite levels, parking lots, party areas, and other areas within the Stadium, the Stadium Site and the Retail and Entertainment District and to retain all revenues related to such sales for such other areas. 12. County Events. During the term of the Stadium Operating Agreement, the County shall have the right to conduct up to three (3) special events per year (but excluding concerts and other professional sporting events which rights are reserved to ANLBC) (the “County Events”) at the Stadium. The Parties may mutually agree to allow the County or the Authority to conduct additional County Events from time to time. The Parties agree that ANLBC (or its sublicensed vendors) will be responsible for staffing, managing, and operating the Stadium for such County Events and the Parties will negotiate in good faith an acceptable revenue share and reimbursement to ANLBC in connection with its management and operation of such County Events. Each County Event is subject to the prior, written approval of ANLBC, which shall not be unreasonably withheld, conditioned or delayed; provided, however, that ANLBC baseball and non-baseball events shall take priority over County Events in the case of any scheduling conflict identified prior to the written approval of ANLBC. The net revenues received from County Events at the Stadium may be used solely to fund debt service on the Bonds financing a portion of the County Contribution until such debt service is retired. Once the debt service on the Bonds financing a portion of the County Contribution has been retired, the County shall apply such net revenues to fund the Capital Maintenance Fund as required under Section 9 of this MOU for that year. If any excess remains after the County Parties’ obligations to fund debt service have been retired and the County Parties’ contribution to the Capital Maintenance Fund is satisfied for the year in which the net revenues are received from one or more County Events, the County may contribute the excess to the Capital Maintenance Fund in its name as a credit against future years’ Capital Maintenance Fund funding obligations, or may utilize the excess for other County purposes within the CID, including transportation, public safety and infrastructure needs, Public Infrastructure or Public Enhancements contemplated by this MOU, projects benefiting the Public Bodies, and/or tax reduction measures. The County will give advance, written notice of any such proposed County Events prior to the commencement of any Stadium operating year and ANLBC will review such request with the Team’s home schedule and any non-baseball event schedule. The Stadium Operating Agreement will include insurance and indemnity requirements applicable to third parties utilizing the Stadium in connection with such County events.

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13. Parking. The Authority Parking shall be constructed in a manner, location and layout acceptable to all Parties (such acceptance not to be unreasonably withheld, conditioned or delayed). ANLBC shall have the exclusive right to manage, operate, use and sublicense the Authority Parking in its sole discretion and shall set all fees associated therewith. ANLBC shall retain all parking revenues in connection with all uses of the Authority Parking provided, commencing in 2017, ANLBC may utilize some of such parking revenues in its sole discretion to fund its Additional Rent obligation set forth in Section 10 above, provided its payment obligations are not limited to such source. To the extent that such assets are within its control, and do not involve the rights of third parties such as under a Georgia Department of Transportation easement, the County and the Authority also respectively agree to make all County and/or Authority owned or controlled parking areas within two (2) miles of the Stadium available to ANLBC for use at actual cost, as determined by the County Parties, for all Stadium events including, without limitation, all Team home games, subject to the right of the County Parties to reserve and prioritize for their own needs.

14. Stadium Marquee. The Parties anticipate that the Stadium Site will include a highway marquee advertising Stadium events and attractions (the “Stadium Marquee”). ANLBC shall have the right to control and sell all advertising, sponsorship and promotional inventory related to the Stadium Marquee and to retain all revenues related thereto provided, however, commencing in 2017, ANLBC may elect in its sole discretion to utilize such Stadium Marquee advertising revenues to fund its Additional Rent obligations set forth in Section 10 above, provided its payment obligations are not limited to such source. The Authority and the County acknowledge and agree that there may be additional highway marquees on the Site (which shall be subject to local zoning laws, ordinances and regulations, even if located on publicly owned land) and/or within the Retail and Entertainment District and ANLBC shall have the right, as among the Parties, to control and sell all advertising, sponsorship and promotional inventory related to such additional highway marquees and to retain all revenues related thereto.

15. Development Agreement. The County agrees to enter into the Development Agreement with ANLBC or BRED acceptable to all Parties (such acceptance not to be unreasonably withheld, conditioned or delayed) in connection with the design and development of the Stadium, Stadium Site and the Authority Parking and, subject to its rights and obligations as a local government, to support ANLBC’s or BRED’s efforts to develop the Retail and Entertainment District, including Parking Areas adjacent to the Stadium Site. At a minimum, the Development Agreement will contain the County’s commitment to consider, in accordance with and subject to applicable law, the enactment or granting of such necessary modifications to existing zoning regulations requested by ANLBC as may assist ANLBC with the development, permitting and zoning issues listed in Exhibit C.

16. Transportation and Infrastructure Agreement. The County agrees to enter into the Transportation and Infrastructure Agreement with ANLBC or BRED acceptable to all Parties (such acceptance not to be unreasonably withheld, conditioned or delayed). At a minimum, the Transportation and Infrastructure Agreement will contain the County’s commitment to use its best efforts to implement the transportation services and infrastructure improvements to support the Stadium, and the Stadium Site, and the Retail and Entertainment District as described in Exhibit D.

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17. Intergovernmental Agreement. The County Parties agree to cause the Intergovernmental Agreement to be executed such that the County Parties can meet their obligations under this MOU and the Stadium Operating Agreement. It is contemplated that the CID will be a party to the Intergovernmental Agreement, which shall grant all necessary rights to the County so as to allow ANLBC to deal directly with only the County on all matters related to this MOU and the Stadium Operating Agreement. The Authority will act only as a conduit for the issuance of the Bonds contemplated in the Plan of Financing as special limited obligations of the Authority, and the County’s payment obligations under the Intergovernmental Agreement will be pledged to secure the Bonds. The County will otherwise act on behalf of both County Parties under the Definitive Documents, all as more particularly to be provided in the Intergovernmental Agreement and the other Definitive Documents. Without limitation, the County will receive all revenues to be paid to the Public Bodies as provided herein, and, pursuant to the structure of such bond issue, will ultimately acquire legal title to the Stadium Project. The County’s designated financial and legal advisors will prepare and advise on the necessary Bond Documents.

18. Taxes. The County or the Authority, as applicable, shall be responsible for the full amount of any and all real and personal ad valorem taxes, if any, which may be assessed or imposed upon such County Party’s taxable interests in and to the Stadium and Authority Parking and all related premises, land, and leasehold improvements owned by the County or the Authority including, without limitation, the Stadium Site and Authority Parking. ANLBC shall be responsible for the full amount of any and all taxes, assessments, licenses and charges and fees without limitation (including tap fees for the Stadium Project, which are not being waived or paid out of the Stadium Budget for the Stadium Project, and tap fees for the Development Parcels) on its operations and its own property. The County agrees that it will not impose any tax, surcharge, impact fee, assessments or other similar charge specifically against ANLBC’s business (i.e. a Stadium ticket tax), provided, however, such provision shall not prevent the County from implementing such taxes, surcharges, fees, etc. generally against businesses within the County.

19. Insurance and Claims. The Stadium Operating Agreement shall provide for insurance and claims procedures usual and customary for a transaction of this nature including naming each other as additional insured with respect to the activities contemplated in Sections 8 and 12 of this MOU and the Stadium Operating Agreement. 20. MLB Subordination. This MOU (and the Definitive Documents, but excluding the Bond Documents to which ANLBC is not a party) and any rights or exclusivities granted by ANLBC hereunder (or thereunder) shall in all respects be subordinate to each of the following, as may be amended from time to time (collectively, “MLB Documents”): (i) any present or future agreements entered into by, or on behalf of, any of the MLB entities or affiliates, or the member MLB member clubs acting collectively, including, without limitation, agreements entered into pursuant to the Major League Constitution, the Basic Agreement between the Major League Baseball Clubs and the Major League Baseball Players Association, the Professional Baseball Agreement, the Major League Rules, the Interactive Media Rights Agreement, and each agency agreement and operating guidelines among the Major League Baseball Clubs and an MLB entity, or (ii) the present and future mandates, rules, regulations, policies, bulletins or directives issued or adopted by the Commissioner or the MLB entities. If the MLB Documents

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or any act or omission of ANLBC taken to comply with them has a material adverse impact on the rights of the Authority or County under this MOU or any of the other Definitive Documents, then the Authority and the County shall have certain rights to be set forth in the Stadium Operating Agreement and the Non-Relocation Agreement, which may include, without limitation, remedies for damages provided by law (but not for injunctive relief, specific performance or other remedy which would prevent ANLBC’s compliance with the MLB Documents), indemnification and liquidated damages.

21. Miscellaneous Provisions; Assignment by ANLBC. This MOU shall be governed by Georgia law. Any action to interpret or enforce this Agreement shall be brought in a court of competent jurisdiction located in Cobb County, Georgia. None of the Parties may assign its rights or obligations under this MOU (or the Stadium Operating Agreement) without the prior, written consent of the other Parties provided, however, the County Parties acknowledge and agree that ANLBC may assign its rights and obligations hereunder as a whole to any successor-in-interest or new owner of the Team provided MLB has approved such transaction and provided such successor-in-interest or new owner has assumed the obligations of ANLBC under this MOU and the other Definitive Documents (particularly including, but not limited to, the Non-Relocation Agreement) except in the event of a change of control of ANLBC pursuant to which ANLBC remains a party to this MOU and the other Definitive Documents (particularly including, but not limited to, the Non-Relocation Agreement). 22. Option to Purchase and Right of First Refusal. If, at any time during the Term of this MOU or the Stadium Operating Agreement, the County or the Authority (or either of them) propose to sell their interest in the Stadium and Authority Parking to a third party, the County or the Authority shall first give ANLBC a written offer to sell its respective interest in the Stadium and Authority Parking to ANLBC on the same terms and conditions on which the County or the Authority propose to sell its respective interest in the Stadium and Authority Parking to such third party (which the County and the Authority acknowledge would require the consent of ANLBC per Section 21 above regardless of whether ANLBC exercises its rights set forth in this Section 22). ANLBC shall have a period of one hundred twenty (120) days to accept or reject such offer. In addition, if at any time during the Term of this MOU or the Stadium Operating Agreement, ANLBC desires to purchase the interest of the County or the Authority in the Stadium and the Authority Parking and/or the County or the Authority contemplate a sale of its interest in the Stadium and/or the Authority Parking, the County or the Authority shall negotiate exclusively and in good faith with ANLBC to sell its interest in the Stadium and/or the Parking Area to ANLBC for a period of ninety (90) days before negotiating with other potential purchasers of such interest (and provided, the Parties acknowledge that ANLBC shall retain its consent rights set forth in Section 21 above regardless of whether ANLBC exercises its rights set forth in this Section 22). In light of applicable legal restrictions on the County, in order to implement the above, the seller to ANLBC of any such interest (prior to the retirement of the Bonds financing a portion of the County Contribution) shall be the Authority, but the County shall convey its interest to the Authority for such purpose. However, all sale proceeds shall be paid to the County.

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23. Non-Relocation Agreement. The Parties agree to execute the Non-Relocation Agreement on terms acceptable to the Parties. The Non-Relocation Agreement shall include usual and customary provisions for a transaction such as the Stadium Project, acceptable to the Parties, including, without limitation, ANLBC’s commitment to cause the Team to remain in Cobb County, Georgia, ANLBC’s commitment to play all of its regular season home games and post-season home games at the Stadium, and certain rights and remedies of the Parties (including liquidated damages) in the event of a breach of the Non-Relocation Agreement by a Party.

IN WITNESS WHEREOF, the Parties have executed this MOU as of the date specified above Cobb-Marietta Coliseum and Exhibit Hall Authority By: _______________________________ Its: _______________________________ Cobb County, Georgia By: _______________________________ Its: _______________________________ Atlanta National League Baseball Club, Inc. By: _______________________________ Its: _______________________________

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Exhibit A –Plan of Financing

ANLBC Contribution:

The "ANLBC Contribution" will equal no less than $230,000,000 plus the ANLBC Discretionary

Amount in its sole and absolute discretion plus the Stadium Rent and the Additional Rent as specifically

provided for in this MOU.

County Contribution:

The total maximum "County Contribution" will equal $300,000,000 and is comprised of the contributions

from the County and the CID itemized below:

• $ 14,000,000 – transportation improvement contribution, the terms of which will be set forth in

the Transportation and Infrastructure Agreement and are generally described in Exhibit D to the

MOU.

• $ 10,000,000 – Cumberland CID contribution, the terms of which will be set forth in the

Intergovernmental Agreement.

• $368,000,000 of revenue bonds issued by the Authority as special limited obligations of the

Authority, secured by a pledge of the designated amounts payable by the County under the

Intergovernmental Agreement. Other matters with respect to the Bonds will be set forth in the

Intergovernmental Agreement and the Bond Documents. Based on current estimates of the debt

service on the Bonds, the ANLBC Stadium Rent and Additional Rent is expected to cover

anticipated debt service on $92,000,000 of Bonds. Annual payments of debt service on the

remaining $276,000,000 of Bonds will be paid from the following sources:

o $ 940,000 – Existing Hotel/Motel Tax;

o $ 400,000 – Rental Car Tax to be approved by the County;

o $8,670,000 – Reallocation of current County ongoing annual revenues;

o $5,150,000 – New Cumberland Special Service District, consists of approximately three

(3) mills property tax increase in approximately the footprint of the Cumberland CID;

o $2,740,000 – New Cumberland Special Service District Hotel Circulator Fee ($3 per

room per night charge for hotels and motels in district footprint).

Capital Maintenance Fund Financing:

As set forth in Section 9 of MOU, the Capital Maintenance Fund will be funded equally by ANLBC and

the County Parties, as will be more fully provided in the Stadium Operating Agreement or the

Development Agreement or both.

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Exhibit B – Capital Maintenance and Repairs

Examples of Capital Maintenance and Repair include, without limitation, the following:

(a) HVAC Capital: Including but not limited to major repair or replacement of all HVAC systems and control components including but not limited to central chillers, cooling towers, heat exchangers, DDC automation, energy management systems, package units, air handlers, power induction units, electric or gas heating devices and related equipment.

(b) Plumbing Capital: Including but not limited to major repair or replacement

of all water, sewer and gas lines, pumps, pump motors, gearboxes, grease traps, hot water tanks, hot water heaters, boilers either gas or electric, internal coils, manifolds, etc.

(c) Electrical Capital: Including but not limited to major repair or replacement

of main power feeds, main switchgear, buss bars, automatic transfer switches, emergency generators, ups systems, field/sports lighting and its components, general power distribution, energy management devises, program and lighting hardware and software, etc.

(d) Fire Protection Capital: Including but not limited to major repair or

replacement of fire pumps and motors, wet and dry sprinkler distribution, piping, ansul systems and main annunciator and related alarm devices, etc.

(e) Concession Capital: Including but not limited to major repair or

replacement of structurally mounted concessions fixtures and equipment provided by the County or the Authority (e.g., exhaust vents, grease traps, ansul systems, electrical hook-ups, counters, countertops, roll-down doors, plumbing and sinks, fixtures and lighting).

(f) Concrete Capital: Repair and/or replace cracked and/or disintegrated concrete surfaces as needed including but not limited to concourses, pre-cast, cast in place, spalling, sidewalks, curbing, ada ramps, traffic Coatings, stair risers, stucco walls, effis walls & ceilings etc. (g) Seating Capital: Replace in part or entire sections of seats and seat

standards, filigrees, cup holders and all other integral components of permanently affixed fan seating. Spare seats and seat parts inventory not less than 2.5% of total fixed seating.

(h) Painting Capital: Includes all protective paints and coatings including but not limited to paint, stains, waterproof and anti-slip coatings as specified. Full scale painting of all structural steel, fencing, hand rails, gates, metal fascia, etc. Seal coating and application of anti-slip coatings, traffic

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coatings and stains. Painting of common areas including but not limited to open concourses, service area, equipment and storage rooms, restrooms, etc.

(i) Field/Sports Lighting Capital: Field/ lighting replacement and all related Components including but not limited to lamps, fixtures, lenses, ballasts,

relays etc. All considered capital and replaced per manufactures Recommendation or as necessary to meet MLB minimum standards, Spare parts inventory not less than 2.5% of inventory.

(j) Fencing/Gates/Netting Capital: Including but not limited to major repair or Replacement of security fencing including steel, aluminum, chain link, wood, etc. within the park and parking lots. Included in this would be field wall and padding, home plate and batting practice netting and support structures.

(k) Parking Lot Capital: Including but not limited to major repair or complete resurface of all asphalt parking surfaces, walkways and structures, weather shelters, curbing, car stops, light poles, lamps and bases, general lighting and power, distribution lines, wiring, panels, transformer etc. Lot stripping, patching, crack-fill and sealcoating.

(m) LED Matrix Capital: Including but not limited to major repair or replacement of all LED boards, including but not limited to main scoreboard, marquee, ribbon boards, speed of pitch, out of town and strike our boards, in house TV monitors, etc. Includes LED board hardware, wiring, software and other components integral for system operation.

(l) PA Systems Capital: Including but not limited to major repairs or

replacement of general sound systems including public announce system, main park speakers systems, amps and related components.

(o) Other Capital: Major repairs or replacement due to electrical failures or Short circuits in risers, panels, disconnect, transformers, circuit boards, main Switches and overload protection and control hardware. Major repairs or Replacement due to inclement weather including but not limited to damage from major & minor leaks, floods, tornados, lightning, earthquakes and other acts of God.

(p) Elevator/escalator Capital: Major repairs or replacement of any component integral to elevator/escalators operation including but not limited to cabs, steps & step combs, controls (internal and external) motors, cables, or other as required by state or county regulation.

(q) Carpeting Flooring Capital: Including but not limited to replacement of any Carpet, hard wood, ceramic, vinyl or other flooring material.

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(r) Door/Lock Capital: Major repair or replacement of any entrance security door and its components including but not limited to glass, metal, steel frame, motorized or manual roll-up doors, etc. Includes all hardware and software for digital locks and security access tracking systems. (s) Roofing/Fascia Capital: Major repair or replacement of any roof or roof type structure including but not limited to built-up, PVC, EDPM, metal canopies and/or awnings, etc. Pressure wash, caulk, point and seal coat exterior brick, stucco or precast property envelope no later than every seventh year or sooner as needed. (t) Glass/Window Capital: Major repair or replacement of glass/window and Components including but not limited to press or media fixed or retractable Windows storefronts, main entrances, ticketing and restaurants, etc. (u) Control Room Capital: Major repair or replacement of master control room Systems and components integral to park, game, event and building

technology operations.

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Exhibit C – Certain Material Elements of Development Agreement

• Assistance with reviewing and understanding ordinance provisions, as needed, regarding street vendors, gypsy lots, and ticket scalping from the site or adjacent areas.

• Assistance with initiating applications and procedures as are legally required to procure for the Site all required DRI, zoning, rezoning, use permits, road approvals, landscape approvals, etc. to allow for a mix of residential, retail, office and hotel.

• Assistance with other local, state and federal governmental entities, in seeking to cause

the Stadium Project to receive available governmental assistance to support key aspects

of the Stadium Project, including without limitation: (i) environmental remediation; (ii)

transportation improvements; (iii) bus and other transit opportunities; and (iv)

employment and economic development.

• Assistance and cooperation in working through the various Public Bodies for various

permits and approvals required to be obtained by ANLBC or BRED, and its Affiliates or

successors, to develop, improve and operate the Stadium Project with the goal of

eliminating duplication of permitting requirements to the extent legally possible.

• Provision of a County representative to act as “Single Point of Contact” to implement

assistance provided for by the Development Agreement.

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Exhibit D – Transportation and Infrastructure Concept Plan

Roadway improvements:

1. Proposed Windy Hill Diverging Diamond Interchange and corridor improvements

extending from U.S. 41 to Powers Ferry as currently designed pending funding approval. 2. Proposed Windy Ridge Pkwy Connector, subject to design approval and best efforts to

obtain funding for design and construction. 3. GDOT funded Northwest Corridor I-75 Managed lanes from I-285 north to the I-575 split

and from I-575 to Hickory Grove Road and on I-575 from I-75 to Sixes Road, as currently under construction.

Transit Improvements:

1. Cumberland Circulator connecting to existing Route 10 and future Arterial Rapid Transit as

well as operating on the proposed Ped/Transit Bridge with scope and budget to be approved and subject to best efforts to obtain funding for design and construction.

2. Proposed Cobb Parkway Arterial Rapid Transit with stadium station location connecting KSU/Town Center through Cumberland to Midtown/Downtown Atlanta at Arts Center Station, subject to best efforts to obtain funding for design and construction.

Pedestrian Improvements:

1. Proposed potential Ped/Transit only bridge spanning across I-285 from the Galleria area

across I-285 to the Site near US 41/I-75/I-285, subject to best efforts to obtain funding for design and construction.

2. Additional sidewalk improvements throughout the Site supporting the Stadium site, subject to best efforts to obtain funding for design and construction.

Other:

In-house traffic study to be provided by the County Wayfinding plan and directional signage per approved plan to be provided by the County Note: The Parties acknowledge that the listing above is conceptual only, and that the Parties will

enter into a Transportation and Infrastructure Agreement.

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RESOLUTION OF COBB COUNTY, GEORGIA APPROVING THE

EXECUTION, DELIVERY AND PERFORMANCE OF THE MEMORANDUM

OF UNDERSTANDING AMONG THE COUNTY, THE COBB-MARIETTA

COLISEUM AND EXHIBIT HALL AUTHORITY, AND THE ATLANTA

NATIONAL LEAGUE BASEBALL CLUB, INC., THE OWNER OF THE

ATLANTA BRAVES, OUTLINING CERTAIN AGREEMENTS REGARDING

THE DESIGN, FINANCING, CONSTRUCTION AND OPERATION OF A

MULTI-PURPOSE STADIUM AND RELATED FACILITIES TO BE LOCATED

IN COBB COUNTY, OWNED BY THE AUTHORITY, AND OPERATED BY

THE BRAVES, AND OTHER MATTERS RELATED THERETO

WHEREAS, Cobb County, Georgia (the "County"), a political subdivision of the State of Georgia (the "State"), the Cobb-Marietta Coliseum and Exhibit Hall Authority (the "Authority"), a public corporation duly created and existing under the laws of the State, and the Atlanta National League Baseball Club, Inc. (the “Braves”), the owner and operator of the Atlanta Braves, a Major League Baseball franchise, propose to enter into a Memorandum of Understanding, dated as of November 26, 2013 (the “Memorandum of Understanding”), outlining certain material terms of the parties’ agreements regarding the development, design, financing, construction and operation in the County of (1) a new multi-purpose sports, entertainment and recreation facility (the “Stadium”) and certain parking areas to be owned by the Authority (the "Authority Parking", and collectively with the Stadium, the “Stadium Project”) for exclusive use by the Braves in accordance with the Memorandum of Understanding, and (2) a mixed-use retail and entertainment district and privately owned parking to be developed in the County by the Braves or its affiliate or other private assignee;

WHEREAS, the Memorandum of Understanding also includes the parties' agreement to negotiate in good faith to develop and execute certain agreements consistent with the Memorandum of Understanding, including, without limitation, a Stadium Operating Agreement, an Intergovernmental Agreement, certain Bond Documents, Transportation and Infrastructure Agreement, a Non-Relocation Agreement and a Construction Management Agreement;

WHEREAS, as provided in greater detail in the Memorandum of Understanding, the total current budget for the Stadium Project (including parking and related infrastructure) is approximately $672 million; the Braves will agree to contribute $372 million, and the County, the Authority and the Cumberland Community District (the "Cumberland CID", and together with the County and the Authority, the "Public Bodies") will agree to contribute a maximum of $300 million, which will include revenue bonds to be issued by the Authority, certain transportation improvements to be made by the County and a contribution from the Cumberland CID;

WHEREAS, the Braves' contribution will include a contribution of $230 million plus a contingency amount of up to $50 million (based on the $672 million current budget) and ongoing annual payments of stadium rent, naming rights revenues, parking revenues and marquee advertising revenues to be applied to pay a portion of the debt service due on the Authority's revenue bonds and currently estimated to support debt service on $92 million of such revenue bonds;

WHEREAS, in addition, the Braves plan to invest $400 million in the mixed use development;

WHEREAS, the Board of Commissioners (the “Board”) of the County expects that the development of the Stadium will result in significant positive economic impacts in the County and the region; current estimates of the economic benefits to the County from the Stadium include (a) 5,227 construction jobs with $235,000,000 in construction earnings, $35,000,000 of which are expected to be earned within the County, (b) 3,141 ongoing ballpark jobs, resulting in $35,800,000 in earnings, with

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1,617 of those jobs in the County, resulting in earnings of $6,232,500 in the County, and (c) visitor spending, resulting in 873 jobs, providing $25,000,000 in earnings, of which $8,906,754 are expected to be earned in the County; in addition, the Braves planned development of the mixed use development will result in significant property tax revenues to the County and the Cobb County School System.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners on behalf of the County, and it is hereby resolved by authority of the same, as follows:

Section 1. Approval of Memorandum of Understanding. The Board on behalf of the County hereby approves the Memorandum of Understanding in substantially the form attached hereto as Exhibit A and by reference made a part hereof, with such changes, additions and deletions as may be approved by the Chairman or the Vice Chairman of the Board and the County Manager or the Finance Director–Comptroller of the County; the execution and delivery of the Memorandum of Understanding on behalf of the County as authorized hereinafter shall be conclusive evidence of the County's approval thereof and approval of the matters set forth therein; and the Chairman and the Vice Chairman of the Board each is hereby authorized to execute and deliver the Memorandum of Understanding approved as aforesaid, and the Clerk, Ex-Officio Clerk, Deputy Clerk and Assistant Clerk of the Board each is hereby authorized to attest the Memorandum of Understanding approved as aforesaid and to affix the seal of the County thereto.

Section 2. Further Authorization. The Board on behalf of the County hereby authorizes and approves the execution, delivery and performance on behalf of the County of any and all other documents required, customary or appropriate in connection with the Memorandum of Understanding or as otherwise contemplated by or related to the purposes or intent of this Resolution or the Memorandum of Understanding (collectively, the "Related Documents") are hereby authorized. The Chairman, the Vice Chairman, the County Manager and the Finance Director-Comptroller of the County each is hereby authorized to execute and deliver each Related Document and (if appropriate or if otherwise required, provided that no such attestation is required by this Resolution unless otherwise required by law) the Clerk, Ex-Officio Clerk, Deputy Clerk and Assistant Clerk of the Board each is hereby authorized to attest each such Related Document and to affix the seal of the County thereto. Each Related Document shall be determined to be necessary or appropriate by, and shall be in the form approved by, the Chairman, the Vice-Chairman, the County Manager or the Finance Director-Comptroller of the County, and the execution thereof by the Chairman, the Vice-Chairman, the County Manager or the Finance Director-Comptroller of the County as hereby authorized shall be conclusive evidence of such determination and approval; provided, however, for the purposes of this Resolution, “Related Documents” shall not include a Stadium Operating Agreement, an Intergovernmental Agreement, Bond Documents, a Transportation and Infrastructure Agreement, a Non-Relocation Agreement or a Construction Management Agreement, which will be presented to the Board in the future for approval.

Section 3. No Personal Liability. No stipulation, obligation or agreement herein contained or contained in the Memorandum of Understanding or any Related Document or any other document contemplated by or related to any of the foregoing will be deemed to be a stipulation, obligation or agreement of any officer, commissioner, official, agent or employee of the County in his or her individual capacity and no officer, commissioner, official, agent or employee of the County in his or her individual capacity shall be held liable in connection therewith.

Section 4. Further Actions Approved and Confirmed. All acts and doings of the officers, commissioners, officials, agents and employees of the County in conformity with the purposes and intent of this Resolution and are in all respects hereby approved and confirmed.

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Section 5. Correction of Scrivener's Errors. In the event that any scrivener's errors shall be discovered in this Resolution after the adoption hereof but prior to the execution and delivery of the Memorandum of Understanding, the County hereby authorizes and directs that each such scrivener's error shall be corrected in all multiple counterparts of this Resolution.

Section 6. Repealer. Any and all resolutions or parts of resolutions in conflict with this Resolution shall be and the same are hereby repealed, and this Resolution shall be in full force and effect from and after its adoption.

This Resolution shall take effect immediately upon its adoption on this 26th day of November, 2013.

Attest:

Candace W. Ellison Clerk, Board of Commissioners of Cobb County, Georgia

COBB COUNTY, GEORGIA

By: Timothy D. Lee Chairman, Board of Commissioners

of Cobb County, Georgia

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CLERK'S CERTIFICATE

COBB COUNTY, GEORGIA

I, Candace W. Ellison, Clerk of the Board of Commissioners of Cobb County, Georgia, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of the resolution adopted by the Board of Commissioners at an open public meeting duly called and lawfully assembled at 7:00 p.m., on the 26th day of November, 2013, pertaining to the approval of the County entering into that certain Memorandum of Understanding identified and defined in the resolution and certain matters related thereto (the "Resolution"), the original of the Resolution being duly recorded in the Minute Book of the Board of Commissioners, which Minute Book is in my custody and control, and that the Resolution has not been amended or rescinded and is in full force and effect as of the date hereof.

I do hereby certify that the following members of the Board of Commissioners were present at said meeting:

Chairman Timothy D. Lee Commissioner Helen C. Goreham Commissioner Robert J. Ott Commissioner Lisa N. Cupid Commissioner JoAnn Birrell and that the following member was absent: and that the Resolution was duly adopted by a vote of Aye Nay WITNESS my hand and the official seal of Cobb County, Georgia, to be effective as of the 26th day of November, 2013. Candace W. Ellison

Clerk, Board of Commissioners of Cobb County

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PUBLIC COMMENT (CONCLUSION OF MEETING)

NOVEMBER 26, 2013

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 reappoint Dan Post to the Board of Tax Assessors, Post 4.

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PURPOSE To reappoint Dan Post to the Board of Tax Assessors, Post 4.

BACKGROUND Mr. Dan Post's term on the Board of Tax Assessors' Board expires December 31, 2013. This is a reappointment by the Chairman.

FUNDING N/A

RECOMMENDATION The Board of Commissioner approve the reappointment of Dan Post to the Board of Tax Assessors Board, Post 4.

Comm. Dist.


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COMMISSIONERS' PUBLIC ADDRESS

NOVEMBER 26, 2013

(Per Section 2.01.01 of the Rules of Procedure of the Board)

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