agenda 12-19-2013
DESCRIPTION
This is the agenda for the Cobb County (GA) Board of Commissioners meeting on December 19, 2013.TRANSCRIPT
December 19, 2013
TAB
REGULAR MEETING - CALL TO ORDER - 6:00 PM
PRESENTATIONS ...................................................................................................... 1
PUBLIC COMMENT .................................... ................................................................ 2
CONSENT ................................................................................................................... 3
TRANSPORTATION AGENCY ............................. ................................................... 4
BOARD OF COMMISSIONERS ............................ ......................................................... 5
PUBLIC COMMENT .................................... ................................................................ 6
APPOINTMENTS ...................................................................................................... 7
COMMISSIONERS' PUBLIC ADDRESS ..................... ............................................... 8
ADJOURN
Page 1 of 81
PRESENTATIONS
AGENDA COVER
REGULAR MEETING OF DECEMBER 19, 2013
ITEM NO.
1 To present Certificates of Recognition by the Cobb County Board of Commissioners.
2 To present the Bus Operator of the Quarter Award to a Cobb Community Transit Bus Operator.
Page 2 of 81
Cobb County Board of Commissioners Helen C. Goreham, Commissioner, District 1
100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3313 / fax: (770) 528-2606
TO: David Hankerson, County Manager
FROM: Helen C. Goreham, Commissioner, District 1
This item has been electronically signed by:Helen C. Goreham, Commissioner, District 1
DATE: December 19, 2013
PURPOSE To present Certificates of Recognition by the Cobb County Board of Commissioners.
BACKGROUND To honor years of service and leadership to the Transit Advisory Board.
FUNDING N/A
RECOMMENDATION The Cobb County Board of Commissioners present Certificates of Recognition.
Comm. Dist.
1
Agenda Item Number. 1
Page 3 of 81
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: December 19, 2013
PURPOSE To present the Bus Operator of the Quarter Award to a Cobb Community Transit Bus Operator.
BACKGROUND Cobb Community Transit is committed to ensuring the safety and security of its passengers and is committed to providing excellent customer service. To promote this initiative, Cobb Community Transit has implemented a Bus Operator of the Quarter Award program. To be the recipient of this award, bus operator performance is measured against metrics including customer satisfaction, safety achievement and attendance.
FUNDING N/A
RECOMMENDATION The Board of Commissioners present the Bus Operator of the Quarter Award to Cobb Community Transit (CCT) Bus Operator Celio Perez.
Comm. Dist.
All
Agenda Item Number. 2
Page 4 of 81
PUBLIC COMMENT (BEGINNING OF MEETING)
DECEMBER 19, 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.
Page 5 of 81
CONSENT AGENDA
REGULAR MEETING OF DECEMBER 19, 2013
ITEM NO.
WATER SYSTEM AGENCY Engineering
1 To approve a construction contract with K. M. Davis Contracting Co., Inc. for Kennesaw Woodland Acres Water Main Replacement, Program No. W2258.
COMMUNITY DEVELOPMENT AGENCY Planning
2 To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.67 acres land use known as 1638 Burnt Hickory Road for the City of Marietta.
Business License
3 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 Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe Acworth, 3160 Cobb Pkwy, Suite 490, Kennesaw, GA 30152, Hal Paul Dalrymple, licensee.
4 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on December 5, 2013 by the License Review Board for Michelle Garren.
5 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 Tavern Beverage Company, doing business as, Movie Tavern, 4651 Woodstock Rd., Suite 430, Roswell, GA 30075, James Parks, licensee.
ECONOMIC DEVELOPMENT
6 To consider a request from the City of Smyrna to eliminate the deadline by which the Commencement of Construction of Significant Projects must occur for the Belmont Hills Redevelopment Project.
FINANCE
7 To approve the second amendment to the Cobb County Government Employees' Pension Plan as amended and restated effective as of January 1, 2010.
8 To adopt a resolution adopting all budget amendments set forth in agenda items on this date.
Page 6 of 81
SHERIFF'S OFFICE
9 To authorize the Cobb County Sheriff's Office to classify twenty-one tactical rifles as surplus and authorize the exchange of those surplus weapons to DRD Tactical for new tactical rifles.
COUNTY CLERK
10 To approve the minutes of the following meetings: December 9, 2013 - Special Called Meeting/Agenda Work Session December 10, 2013 - Regular Meeting of the Board
Page 7 of 81
Cobb County Water System Stephen D. McCullers, P.E., Director
Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000
TO: David Hankerson, County Manager
FROM: Stephen D. McCullers, P.E., Director
This item has been electronically signed by:Stephen D. McCullers, P.E., Director
DATE: December 19, 2013
PURPOSE To approve a construction contract with K. M. Davis Contracting Co., Inc. for Kennesaw Woodland Acres Water Main Replacement, Program No. W2258.
BACKGROUND The Kennesaw Woodland Acres area is currently served by 6-inch Polyvinyl Chloride (PVC) water main which is subject to periodic failure and ongoing repair demands. The proposed project will address these deficiencies and bring the area up to current Water System standards. The project includes abandoning the use of the existing PVC pipes and replacement with approximately 16,500 linear feet of 6-inch ductile iron water main in the Kennesaw Woodland Acres Subdivision, and all related appurtenances. Bids for construction were received on November 21, 2013. Results were as follows:
K. M. Davis Contracting Co., Inc. $1,131,705.00 Tippins Contracting Co, Inc. $1,149,501.00 D & H Construction Company $1,250,399.00 Wade Coots Company, Inc. $1,269,010.00The Dickerson Group, Inc $1,362,505.25 John H. Pruett Construction Co., Inc. $1,448,094.40 RDJE, Inc. $1,536,115.00 T. J. Lyle & Co., Inc. $2,120,962.32
FUNDING
Comm. Dist. 1
Agenda Item Number. 1
Page 8 of 81
Funding is available in the Water System’s Kennesaw Woodland Acres Water Main Replacement and in the Water System’s Subdivision Service Line Replacement Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2258. Transfer from: Kennesaw Woodland Acres Water Main Replacement
Transfer to: Kennesaw Woodland Acres Water Main Replacement
Preliminary Estimates 510-500-5754-8005 W2258-Z $940,000.00
Subdivision Service Line Replacement Preliminary Estimates 510-500-5754-8005 W2701-Z $230,015.00Total $1,170,015.00
Construction 510-500-5754-8260 W2258-C $1,131,705.00 Interest Expense on Retainage 510-500-5754-6613 W2258-A $5,660.00 Materials & Supplies 510-500-5754-8265 W2258-M $10,000.00 Contingency 510-500-5754-8810 W2258-T $22,650.00 Total $1,170,015.00
RECOMMENDATION The Board of Commissioners approve a construction contract with K. M. Davis Contracting Co., Inc., in the amount of $1,131,705.00, for Kennesaw Woodland Acres Water Main Replacement, Program No. W2258, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSMap
Agenda Item Number. 1
Page 9 of 81
166
177
139
165
167
178
140
176
138
Cobb Pkw
yPine Mountain Rd
Kennesaw Due West Rd
South Main St
Jiles Rd
Watts Dr
Pine M
ounta
in Ct
Kennesaw Dr
Woodland Dr
Lakewood Dr
Sycamore Dr
Melody Ln
Due West Cir
Laurel L n
Ridgecrest Dr
Keene
St
Dobbs Dr
Live Oak Dr
Wellcrest D
r Forrest Dr
Shady Ln
Highland Rdg
Black Gum Dr
Pi ne Dr
Burnt Wood Dr
Red Oak Way
Burrell Ct
Dallas St
School Dr
Butler Creek Rd
Willow
Ct
Black Gum Ct
Pine Valley W
ay
Summers S
tCem
etery Rd
White Oak Ct
Pine Dr
LOCATION MAP
:*
Project: Kennesaw Woodland Acres Water Main Replacement
Program Number: W2258
Land Lots: As Shown
District: 20th
Commission District: 1
Project
Page 10 of 81
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: December 19, 2013
PURPOSE To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.67 acres land use known as 1638 Burnt Hickory Road for the City of Marietta.
BACKGROUND On July 27, 2004, the Board of Commissioners entered into intergovernmental agreements with each of Cobb’s municipalities. The agreements serve as the land use dispute resolution process required by HB 489. Per the intergovernmental agreements with the Cities of Acworth, Kennesaw, Marietta, Powder Springs, Smyrna, and Austell, the Board of Commissioners must adopt annexation responses by the County in order to be valid. On September 1, 2007, HB 2, which enacts a binding dispute-resolution process, became effective.
FUNDING N/A
RECOMMENDATION The Board of Commissioners adopt response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.67 acres land use known as Parcel 590 of Land Lot 288, District 20th, 2nd Section, known as 1637 Burnt Hickory Road for the City of Marietta.
ATTACHMENTSBOC Response Letter to City of Marietta
Comm. Dist. 1
Agenda Item Number. 2
Page 11 of 81
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: December 19, 2013
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 Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe Acworth, 3160 Cobb Pkwy, Suite 490, Kennesaw, GA 30152, Hal Paul Dalrymple, licensee.
BACKGROUND On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance restrictions are waived for the issuance of alcoholic beverage licenses and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On November 21, 2013 the application for the Cobb County liquor, beer, wine, and Sunday sales pouring license for Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe Acworth was originally denied by the Business License Division Manager. The location of Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe Acworth, 3160 Cobb Pkwy, Suite 490, Kennesaw, GA 30152, does not meet the distance requirements to several residences. After considering all testimony and evidence presented, and the completed License Review Board Questionnaire, the License Review Board recommended approval of the application for a liquor, beer, wine, and Sunday sales pouring license for Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe Acworth.
FUNDING
N/A
Comm. Dist. 1
Agenda Item Number. 3
Page 15 of 81
RECOMMENDATION The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the appeal hearing of December 5, 2013 for Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe Acworth.
ATTACHMENTSSummary December 5, 2013 Appeal Hearing
License Review Board Questionnaire
Survey
Agenda Item Number. 3
Page 16 of 81
Summary of Appeal Hearing before the Cobb County License Review Board for Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe
Acworth, located at 3160 Cobb Pkwy, Suite 490, Kennesaw, GA 30152, Hal Paul Dalyrmple, licensee. On December 5, 2013 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway, Marietta, GA 30008.
License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sandra Richardson, Business License Division manager, 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 of Buffalo’s Café Acworth is within three-hundred feet of several residential property lines. Parks Huff, attorney for Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe Acworth, provided the License Review Board with an aerial picture and explained to the License Review Board that between the residences and the Buffalo’s Cafe Acworth there is a large buffer of trees and a steep slope and there is no access between the residences and the proposed location of Buffalo’s Cafe Acworth. Mr. Huff explained that there is a Mexican restaurant in the shopping center that possesses an alcoholic beverage license. Mr. Huff provided the License Review Board with Buffalo’s sample menu from the Cartersville location. Mr. Huff stated that this will be the fifth location for these owners and all of their locations have about 15% alcohol sales. Mr. Huff stated the Mr. Dalrymple is experienced in the restaurant industry and knows how to properly operate a restaurant with an alcohol license. Mr. Dalrymple stated that the Buffalo’s at Acworth Due West and Hwy. 41 has 15% alcohol sales and is the same at their other locations. Mr. Dalrymple stated that Buffalo’s has a secret shopper program in place as well as alcohol policies and procedures. Mr. Dalrymple stated that he has an onsite manager, a kitchen manager, and a front end manager, and that this location will employ approximately forty employees. Mr. Dalrymple stated that the hours of operation will be from 11:00am to 11:00pm seven days a week and may change depending on business and demand. Mr. Dalrymple stated that he has owned his first restaurant since 1995 and he is a franchisee and a franchisor. Mr. Dalrymple stated that he has never personally had any alcohol violations. After considering all evidence and testimony presented and the online questionnaire completed by Mr. Dalrymple, and pursuant to a motion by Eddie Canon and a second by Jim Pehrson, the License Review Board recommended approval of the liquor beer, wine, and Sunday sales pouring license for Buffalo’s American Grille No. 2, LLC, doing business as, Buffalo’s Cafe Acworth. The License Review Board voted 5-0 in favor of this motion.
Page 17 of 81
The closest residence is 211 feet from the front door of the establishment
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?
There was a wings restaurant in the shopping center that had a beer and wine license in the past.
There isn`t any opposition to the application. The residential property is not accessible from the shopping center because of a steep slope. The only way to access the shopping center is to travel down the residential street to Acworth Due West Road and then walk down the road to the shopping center.
Yes
6. Have you ever violdated any Federal Law, State Law, or local ordinance regulating the sale of alcohol?
No
7. Is issuing the alcohol license going to have an adverse effect on the the property value of the church, school, park, library or residence?
No
8. Is issuing the alcohol license going to have an adverse effect on the property values of the community in the area?
No
9. Is issuing the alcohol license going to have an adverse effect on the quality of life of the community?
License Number: alc000747 Licensee: HAL PAUL DALRYMPLE
COBB COUNTY BUSINESS LICENSEP.O. Box 649Marietta, Georgia 30061-0649phone: (770) 528-8410 fax: (770) 528-8414Email: [email protected]
Cobb County License Review BoardFACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY
ALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCE RESTRICTION
QUESTIONS FOR THE LICENSEE
Paul FosterBusiness License
Division Manager
PAGE: 1 12/11/2013 11:01:14 AMalc000747
APHR_ALCH_ LIC_DISTANCE
Page 18 of 81
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?
A Buffalo`s Restaurant
12. What type of training do you have in place for your employees?
13. What is your policy on when to check ID prior to the sale of alcohol?
The licensee is an experienced restaurant owner and operator. All employees will receive training through the management that tracts the RASS workshop.
The employees are trained to verify the age of anyone who looks under 40 years of age.
14. When ID is requested, what are your employees trained to look for?
They are trained to look at the picture and then the face of the individual. If the ID is held vertically or has red across the top they are trained to ask a manager to review the date of the individual to ensure they are 21.
15. What written policies and procedures are in place for the establishment?
The restaurant has a written alcohol policy that is reviewed with each employee and each employee is asked to sign the policy.
16. Were the written policies provided with the application?
Yes
17. What type of menu does the establishment have?
A full restaurant menu.
18. Was the menu submitted with the application?
Yes
19. What percentage of the food and alcohol sales will be from the sale of food?
85% FOOD TO 15% aLCOHOL
20. What percentage of the store’s total sales, where your application is seeking a package license, is from alcohol sales?
na
21. What are the hours of operation of the business?
11:00 am to 12:00 pm - Seven Days a week
22. Are there cameras in the establishment?
Yes
PAGE: 2 12/11/2013 11:01:14 AMalc000747
APHR_ALCH_ LIC_DISTANCE
Page 19 of 81
23. How many cameras?
four
24. How often are they reviewed?
As needed
25. Why are they reviewed?
When an incident occurs and to monitor employee behavior
26. How long is the video maintained?
seven days.
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.
The employees will all receive training upon employment. Managers are trained to monitor each server to make sure they are properly verifying the age of customers. If a manager has any concern, they will spot check ID`s to make sure they have been property verified.
31. Why should the LRB grant the alcohol license?
The experienced restaurant operator has a tract record of successfully operating restaurants with alcohol sales. The restaurant will act as an anchor for this strip shopping center and make it more viable. The houses that are close by are separated from the shopping center by a steep hill and a thick stand of trees. They restaurant will not have any negative impact on the adjacent residential properties.
The Licensee and the Managers will vigilantly train the employees to make sure they understand responsible vending. There is zero tolerance for a mistake. Management will follow up with continuous reminders to properly verify the age of any customer that appears under the age of 40.
32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol?
32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol?
The Licensee and the Managers will vigilantly train the employees to make sure they understand responsible vending. There is zero tolerance for a mistake. Management will follow up with continuous reminders to properly verify the age of any customer that appears under the age of 40.
33. Do you take responsibility for the actions of your employees and any violations that the employees may commit?
yes
PAGE: 3 12/11/2013 11:01:14 AMalc000747
APHR_ALCH_ LIC_DISTANCE
Page 20 of 81
34. Are there any consequences to the employee for violations of State law or county ordinances?
Yes
35. What are the consequences?
Immediate termination
36. How many employees will the establishment have?
40
37. How often will they be retrained?
Upon hiring and monthly training sessions
38. Will you implement a secret shopper program?
No
39. What consequences will there be if an employee fails to comply with procedures?
Retraining if it is a minor violation. If the employee cannot comply or does not care, they will be terminated.
40. If an application is being made for a convenience store, grocery store, or liquor package store, will the cash register require submittal of the Date of Birth of the customer prior to an alcohol sale?
NA
41. Is there an override option?
No
42. Does the cash register or point of sale system track alcohol sales?
NA
43. Does the cash register or point of sale system track alcohol sales?
Yes
44. Does the cash register or point of sale system track when they were sold?
Yes
45 Does the cash register or point of sale system track by whom they were sold?
Yes
PAGE: 4 12/11/2013 11:01:14 AMalc000747
APHR_ALCH_ LIC_DISTANCE
Page 21 of 81
46. Does the cash register or point of sale system track if ID was checked?
No
47. Does the cash register or point of sale system track the Date of Birth prior to the sale of alcohol?
No
PAGE: 5 12/11/2013 11:01:14 AMalc000747
APHR_ALCH_ LIC_DISTANCE
Page 22 of 81
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by: Rob Hosack, AICP, Director
DATE: December 19, 2013
PURPOSE To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on December 5, 2013 by the License Review Board for Michelle Garren.
BACKGROUND The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct an Appeal Hearing to consider the appeal of the denial of an alcohol permit. The Ordinance also provides for the Board of Commissioners to review a summary of the Appeal Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On December 5, 2013, the License Review Board conducted an appeal hearing for Michelle Garren 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. Garren.
FUNDING N/A
RECOMMENDATION
The Board of Commissioners review the summary of the Appeal Hearing of December 5, 2013
Comm. Dist.
3
Agenda Item Number. 4
Page 25 of 81
for Michelle Garren, and affirm the decision of the License Review Board.
ATTACHMENTSSummary of December 5, 2013 Appeal hearing
License Review Board Questionnaire
Agenda Item Number. 4
Page 26 of 81
Summary of Appeal Hearing before the Cobb County License Review Board for Michelle Garren, Alcohol Permit while currently working at Taco Mac, located at 600 Chastain Rd., Suite 310, Kennesaw, GA 30144. On December 5, 2013 the hearing was conducted in the Bid Room, located at 1772 County Services
Parkway, Marietta, GA 30008.
License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sgt. Bonnie Smith with the Cobb County Police Department’s Regulatory Services and Permits Unit testified that Michelle Garren truthfully indicated on the alcohol permit application that she was convicted of felony shoplifting in 2010. Ms. Garren stated that she was denied her alcohol permit because she was convicted of felony shoplifting. Ms. Garren stated that she used poor judgment and stole children’s clothing from Sears. Ms. Garren stated that she regrets her mistake and working at Taco Mac is her livelihood. Ms. Garren stated that since her arrest she has changed her friends. Ms. Garren stated that she was going through a divorce at the time of her arrest and shoplifting was not characteristic of her. Ms. Garren stated that she has also undergone professional counseling. Ms. Garren stated that she has been in the business as a server since she was nineteen and she is now forty-one years old. Ms. Garren stated that Taco Mac’s policy is to check the identification of anyone ordering alcohol. Ms. Garren stated that she served six months in custody and was sentenced to five years probation. Ms. Garren stated that her probation officer has given her permission to be a server but she is not allowed to work behind the bar. Ms. Garren stated that she is up for early release from probation in April 2014. Ms. Garren stated that she was a registered nurse in Florida and she let her nursing license lapse but her goal is to get her life back together and get her nursing license in Georgia. Ms. Garren stated that she has four children that currently reside in Florida with their father. 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 Michelle Garren. Vote 5-0 for approval of the alcohol work permit.
Page 27 of 81
Theft by shoplifting
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?
6 months prison 5 yr. probation
no
Acworth parents
6. How long has it been since the arrest?
3 years
7. How long has it been since the conviction?
3 years
8. Where do you work?
Taco Mac pending alcohol permit
9. Is it a bar? Nightclub? Restaurant?
restaurant
10. What type of position do you have with the establishment?
server
11. What are the policies and procedures of the establishment?
Work Permit Applicant: GARREN, MICHELLE LYNN
Permit Number: 137638
FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT
QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT
COBB COUNTY BUSINESS LICENSEP.O. Box 649Marietta, Georgia 30061-0649phone: (770) 528-8410 fax: (770) 528-8414Email: [email protected]
Cobb County License Review Board
Paul FosterBusiness License
Division Manager
PAGE: 1 12/11/2013 10:54:32 AM137638
APHR_ALCH_WKPERMIT_DENIAL
Page 28 of 81
must have alcohol server permit
12. What type of training does the establishment have for employees?
13. Is this the primary source of income for you?
1 week on the job plus testing
yes
14. What have you done to ensure that you do not violate the law/ordinances in the future? ie - change of friends, change of address, change of life style
change of lifestyle
15. Do you have a support mechanism such as family, friends, spouse, children, church, etc?
church family friends
16. Are you going to school?
No
17. If so, what is your grade point average?
NA
18. What assurance can you provide the LRB that you will not sell/provide alcohol in violation of State or County Law?
I am a responsible adult who has learned her lesson. I take this job and all its responsibilities seriously.
19. Why should the LRB grant the permit?
This is my only source of income. I am an excellent worker and have four children to support.
20. What evidence can you provide the LRB that you understand State and County law regarding the sale and service of alcohol?
I can take a verbal or test if required.
21. What has the impact been on you and the ones around you due to your criminal actions?
The impact has been extremely life altering. I have lost my job, time with my children, and realized that under extreme circumstances that is ALWAYS imperative to obey the LAW. This foolish mistake is regretful, but I have learned and improved as a person from it.
PAGE: 2 12/11/2013 10:54:32 AM137638
APHR_ALCH_WKPERMIT_DENIAL
Page 29 of 81
Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by: Rob Hosack, AICP, Director
DATE: December 19, 2013
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 Tavern Beverage Company, doing business as, Movie Tavern, 4651 Woodstock Rd., Suite 430, Roswell, GA 30075, James Parks, licensee.
BACKGROUND On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance restrictions are waived for the issuance of alcoholic beverage licenses and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On November 21, 2013 the application for the Cobb County liquor, beer, wine, and Sunday sales pouring license for Tavern Beverage Company, doing business as, Movie Tavern was originally denied by the Business License Division Manager. The location of Tavern Beverage Company, doing business as, Movie Tavern, 4651 Woodstock Rd., Suite 430, Roswell, GA 30075, does not meet the distance requirements to several residences. After considering all testimony and evidence presented, and the completed License Review Board Questionnaire, the License Review Board recommended approval of the application for a liquor, beer, wine, and Sunday sales pouring license for Tavern Beverage Company, doing business as, Movie Tavern.
FUNDING
N/A
Comm. Dist.
3
Agenda Item Number. 5
Page 30 of 81
RECOMMENDATION The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the appeal hearing of December 5, 2013 for Tavern Beverage Company, doing business as, Movie Tavern.
ATTACHMENTSSummary of December 5, 2013 Appeal hearing
License Review Board Questionnaire
Survey
Agenda Item Number. 5
Page 31 of 81
Summary of Appeal Hearing before the Cobb County License Review Board for Tavern Beverage Company, doing business as, Movie Tavern, located at 4651 Woodstock Rd., Suite 430, Roswell, GA 30075, James Parks, licensee. On December 5, 2013 the hearing was conducted in the Bid Room, located at
1772 County Services Parkway, Marietta, GA 30008.
License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sandra Richardson, Business License Division manager, 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 of several residential property lines. Mike Sard, attorney for Tavern Beverage Company, doing business as, Movie Tavern, confirmed with Sandra Richardson that there are already establishments in the shopping center that possess alcoholic beverage licenses, specifically Walmart and El Jinete #2. Mr. Sard also confirmed with Ms. Richardson that there is currently an AMC movie theatre in unincorporated Cobb County that serves alcohol. Mr. Sard pointed out that Walmart was granted a distance waiver by the License Review Board several months back. Mr. Sard provided the License Review Board with an aerial picture of the area. Mr. Sard stated that Movie Tavern will have chef prepared meals and food and drinks will be served to the movie seats. Mr. Sard stated that this establishment is a multi-million dollar facility and there are sixteen Movie Taverns nationwide and there are currently two Movie Taverns in Georgia. Mr. Sard explained to the License Review Board that there are dense trees behind the shopping center and that granting the alcohol license will not have an adverse effect on guality of life of the residents or an adverse effect on the property values of the residences. James Parks, General Manager, stated that he has been employed by Movie Tavern since February 2013. Mr. Parks explained the concept of Movie Tavern. Mr. Parks stated that Movie Tavern is a digital state of the art movie theater that offers eleven theaters with all first run movies like all other theaters. Mr. Parks stated that all movies are 100% reserved and you pick out your own seats. Mr. Parks explained that tickets may be purchased online or they may be purchased at the box office at the theater. Mr. Parks further explained that it is recommended that guests appear forty-five minutes to an hour early so that they can be seated and meals and drinks served before the movie starts. Mr. Parks also explained that there is a lounge area and a restaurant where guests may relax or dine prior to seeing a movie. Mr. Parks stated each theatre has ushers, food runners, and servers, as well as a manager. Mr. Parks also explained that on each seat there is a call button for service. Mr. Parks stated that on Tuesday and Thursday they will show retro movies. Mr. Parks stated that by having guests arrive early they hope to have all food and drinks served by the time the movie begins to play but they will also serve during the movie. Mr. Parks explained that when the movie starts the lights are completely dimmed and servers are very quiet and use very dim hand held units like iphones to take orders. Mr. Parks explained that each seat has a table and some seats recline. Mr. Parks also explained that the seats are stadium seating and the aisles are approximately six feet wide so that servers can walk thru and serve quests without interrupting others. Mr. Parks stated that the Movie Tavern will serve salads, fruit, cheese, burgers, wings, etc. Mr. Parks stated that most food items are
Page 32 of 81
Page2 December 5, 2013 Appeal Hearing Tavern Beverage Company, d/b/a, Movie Tavern under $10.00. Mr. Parks stated that the average ticket is approximately $12.00 which would include a $9.00 food item and a $3.00 alcoholic beverage. Mr. Parks explained that there is no parking behind the building. Mr. Parks stated that deliveries will be made approximately three times a day but he has requested delivers to be made after 11:00am. Mr. Parks explained that there will be a cleaning crew for the front of the building. Mr. Parks stated that the training program at Movie Tavern is a thirteen step training program and there is daily shift training. Mr. Parks stated that the hours of operation for Movie Tavern would be from 9:00am to approximately 12:00am during the week; the last movie during the week is played at approximately 10:00pm. He stated they would be open on the weekends until approximately 2:00am; the last movie on the weekends is played at approximately 12:00am. Mr. Parks stated that last call is called thirty minutes before the last movie is over. Mr. Parks stated that everyone is required to show identification and children under eighteen years of age must enter with an adult at least twenty-one years of age. Mr. Parks stated that teenagers cannot be dropped off at their theater. Mr. Parks explained that alcoholic beverages are served with a different color straw than non-alcoholic beverages. Mr. Parks stated that they have theaters in seven states and they have never had a violation. After considering all evidence and testimony presented and the online questionnaire completed by Mr. Parks, and pursuant to a motion by Eddie Canon and a second by Larry Walker, the License Review Board recommended approval of the liquor beer, wine, and Sunday sales pouring license for Tavern Beverage Company, doing business as, Movie Tavern. The License Review Board voted 5-0 in favor of this motion.
Page 33 of 81
Section 6-124 of the Cobb County Code of Ordinances - 300` required. Actual distance to property line of nearest residence is 238`.
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?
1) A beer and wine package license has been granted for the Wal-Mart Neighborhood Market located in the same shopping center approximately 600` away from the proposed location. The Wal-Mart Neighborhood Market location was formerly a Kroger Supermarket that sold beer and wine by the package; 2) Quik Trip #754, 4635 Woodstock Road, appx. 920` away from the proposed location; 3) El Jinete Mexican Restaurant, 4681 Woodstock Road (same shopping center as subject location).
None known to Applicant.
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: ALC000749 Licensee: JAMES ISAAC PARKS
COBB COUNTY BUSINESS LICENSEP.O. Box 649Marietta, Georgia 30061-0649phone: (770) 528-8410 fax: (770) 528-8414Email: [email protected]
Cobb County License Review BoardFACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY
ALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCE RESTRICTION
QUESTIONS FOR THE LICENSEE
Paul FosterBusiness License
Division Manager
PAGE: 1 12/11/2013 11:16:58 AMALC000749
APHR_ALCH_ LIC_DISTANCE
Page 34 of 81
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?
Restaurant/Dine In Movie Theatre.
12. What type of training do you have in place for your employees?
13. What is your policy on when to check ID prior to the sale of alcohol?
Extensive company created Responsible Alcohol Sales & Service class including information about potential civil, criminal and administrative liability for servers, training materials, checking identification, health aspects of alcoholic beverages and role play. Written acknowledgement signed by each employee and retained in the employee`s file. Training is ongoing with at least thirteen (13) hours of training conducted on an annual basis.
All patrons who wish to order an alcoholic beverage are required to produce 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”); 8) Document does not have smudged printing.
15. What written policies and procedures are in place for the establishment?
See response to Question 12.
16. Were the written policies provided with the application?
Yes
17. What type of menu does the establishment have?
Full dine in meal. Offerings include appetizers (flat breads, shrimp, nachos, fried pickles, quesadilla), salads, hamburgers, cheeseburgers, chicken sliders, pizzas, sandwiches, wraps, pitas and desserts (cakes, pie, brownie).
18. Was the menu submitted with the application?
Yes
19. What percentage of the food and alcohol sales will be from the sale of food?
78% estimated food sales
PAGE: 2 12/11/2013 11:16:58 AMALC000749
APHR_ALCH_ LIC_DISTANCE
Page 35 of 81
20. What percentage of the store’s total sales, where your application is seeking a package license, is from alcohol sales?
N/A
21. What are the hours of operation of the business?
10:00 AM to 2:00 AM daily depending upon length of same late films.
22. Are there cameras in the establishment?
Yes
23. How many cameras?
Forty three (43) cameras.
24. How often are they reviewed?
Daily.
25. Why are they reviewed?
Monitor behavior of guests and staff. Training tools for staff. Monitor staff compliance with company policies.
26. How long is the video maintained?
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.
Staff and management are trained at least thirteen (13) hours each year in responsible alcohol sales and service. Movie Tavern has never had an alcohol violation for any of its theatres. Any violation of company policy by an employee regarding the sale of alcoholic beverages will result in termination of the employee.
31. Why should the LRB grant the alcohol license?
With the exception of compliance with Cobb County Code of Ordinances Section 6-124, Applicant is entitled to receive this license as a matter of right having otherwise complied with all requirements of the Cobb County Code of Ordinances. Pursuant to Cobb County Code of Ordinances Section 6-124, applicant shall demonstrate that by granting the license, the property values of the residences will not be affected, that the quiet enjoyment of the neighboring residences shall not be adversely affected, and that there shall be no other adverse effect on the residents.
PAGE: 3 12/11/2013 11:16:58 AMALC000749
APHR_ALCH_ LIC_DISTANCE
Page 36 of 81
Upon completion of responsible alcohol sales and service training, each employee file includes confirmation that the employee has passed the training program. Also, each employee file is updated to track when the employee has again passed annual training. Each employee file also includes the written agreement from the employee that he or she will comply with all company policies.
32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol?
32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol?
Upon completion of responsible alcohol sales and service training, each employee file includes confirmation that the employee has passed the training program. Also, each employee file is updated to track when the employee has again passed annual training. Each employee file also includes the written agreement from the employee that he or she will comply with all company policies.
33. Do you take responsibility for the actions of your employees and any violations that the employees may commit?
Yes.
34. Are there any consequences to the employee for violations of State law or county ordinances?
Yes
35. What are the consequences?
Termination from employment.
36. How many employees will the establishment have?
240 (approximately).
37. How often will they be retrained?
At least annually.
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?
NA
41. Is there an override option?
PAGE: 4 12/11/2013 11:16:58 AMALC000749
APHR_ALCH_ LIC_DISTANCE
Page 37 of 81
No
42. Does the cash register or point of sale system track alcohol sales?
NA
43. Does the cash register or point of sale system track alcohol sales?
Yes
44. Does the cash register or point of sale system track when they were sold?
Yes
45 Does the cash register or point of sale system track by whom they were sold?
Yes
46. Does the cash register or point of sale system track if ID was checked?
No
47. Does the cash register or point of sale system track the Date of Birth prior to the sale of alcohol?
No
PAGE: 5 12/11/2013 11:16:58 AMALC000749
APHR_ALCH_ LIC_DISTANCE
Page 38 of 81
Cobb County Office of Economic Development Michael H.S. Hughes, AICP, Director
100 Cherokee Street, Suite 450 Marietta, Georgia 30090-7000 (770) 528-2607 / fax: (770) 528-2636
TO: David Hankerson, County Manager
FROM: Michael H.S. Hughes, AICP, Director
This item has been electronically signed by:Michael H.S. Hughes, AICP, Director
DATE: December 19, 2013
PURPOSE To consider a request from the City of Smyrna to eliminate the deadline by which the Commencement of Construction of Significant Projects must occur for the Belmont Hills Redevelopment Project.
BACKGROUND
In December 2003, Cobb County Board of Commissioners, the City of Smyrna and the Cobb County Board of Education entered into an Intergovernmental Agreement (IGA) specifying the terms under which the County consented to the creation of a tax allocation district (TAD) in a designated area of the City then occupied by the Belmont Hills Shopping Center and agreed to commit its portion of the future tax allocation increment to be generated from the eventual redevelopment of the Belmont Hills Shopping Center. This original agreement, among other things, specified a deadline of December 31, 2008 by which the Commencement of Construction of Significant Projects must occur to avoid the automatic termination of the County’s consent to include its tax allocation increment. This deadline was extended to December 31, 2009 by a letter agreement between the County and the City dated July 24, 2008. In February 2009, the City of Smyrna requested that the County consider extending the Commencement of Construction of Significant Projects deadline to December 31, 2011. This request was reviewed and approved by the Board of Commissioners in March 2009, and was further evidenced by a letter from the County to the City dated April 1, 2009. In a letter dated January 6, 2011, the City of Smyrna requested that the County consider (a) approving a land use change to allow the purchase of a portion of the TAD land by the Cobb County Board of Education and allow the construction of an new elementary school thereon, and (b) extending the Commencement of Construction of Significant Projects deadline to
Comm. Dist.
All
Agenda Item Number. 6
Page 41 of 81
December 31, 2014. In making this request, the City noted that the prolonged economic downturn had an adverse effect on redevelopment projects throughout the country, creating an environment in which financing for development projects, especially mixed-used, had become particularly challenging. Staff considered these factors and recommended an adjusted deadline of December 31, 2013 which was approved by the Board of Commissioners. On December 10, 2013 the City of Smyrna submitted another request to the County asking that the following items be considered as they relate to the Belmont Hills TAD IGA: 1. Consent to the terms of the First Amendment to the Development Agreement between the City of Smyrna and Halpern Enterprises, Inc. 2. Eliminate the deadline for the commencement of significant construction projects as defined in the IGA, made and entered into on December 31, 2003 by and among the City, Cobb County, and the Cobb County Board of Education. 3. Establish 2013 as the base year for calculating the “Tax Allocation Increment” as defined in the IGA. The current deadline is December 31, 2013 for commencement of significant construction as it relates to this redevelopment project. Staff is recommending that the deadline for commencement of significant construction (Item #2 listed above) be extended to December 19, 2014. Items #1 and #3, if necessary, will be presented to the Board via an agenda item at a date to be determined. This recommendation to extend the deadline is contingent upon the Smyrna Mayor and Council’s affirmative vote of these three requests contained within their letter dated December 10, 2013.
FUNDING N/A
RECOMMENDATION Subject to confirmation of an affirmative vote by the Smyrna Mayor and Council, the Board of Commissioners approve an extension of the deadline for Commencement of Construction of Significant Projects for the Belmont Hills Redevelopment Project from December 31, 2013 to December 19, 2014, and approve the County Manager sending a letter to the City with respect to these matters. ATTACHMENT City of Smyrna Request Letter, dated December 10, 2013, will be provided under separate cover First Amendment to Development Agreement will be provided under separate cover
Agenda Item Number. 6
Page 42 of 81
Cobb County Finance Department Jim Pehrson, CPA, Director/Comptroller
100 Cherokee Street, Suite 400 450 Marietta, Georgia 30090-9610 (770) 528-1503 / fax: (770) 528-1501
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: December 19, 2013
PURPOSE To approve the second amendment to the Cobb County Government Employees' Pension Plan as amended and restated effective as of January 1, 2010.
BACKGROUND The Cobb County Government Employees Pension Plans was last amended with an effective date of January 1, 2010. With this restatement a Hybrid component was included in the plan to be mandatory for employees hired after January 1, 2010 and optional for those employees not yet vested in the traditional plan. The Hybrid Plan contains a Defined Benefit and a Defined Contribution component. The Defined Benefit employee contribution amount was set at 5% when this plan became effective. It is the recommendation of the Board of Trustees that effective for Plan Years beginning on and after January 1, 2014, Hybrid Participants shall contribute 3% of compensation for each plan year.
FUNDING Funding will be addressed in the adopted budgets of future plan years.
RECOMMENDATION The Board of Commissioners approve the second amendment to the Cobb County Government Pension Plan as amended and restated effective as of January 1. 2010, and authorize the Chairman to execute the necessary documents.
ATTACHMENTS2nd Amendment to Employee Pension Plan
Comm. Dist.
Agenda Item Number. 7
Page 43 of 81
Page 1
SECOND AMENDMENT TO THE
COBB COUNTY GOVERNMENT EMPLOYEES’ PENSION PLAN
As Amended and Restated Effective as of January 1, 2010
The provisions of the Cobb County Government Employees’ Pension Plan (the “Plan”) are hereby amended as follows: 1. Section 8.3(a) of the Plan is amended effective January 1, 2014 to read as follows:
(a) Any Employee who first commences Employment with the Employer or is reemployed by the Employer on or after April 1, 1998 (a “New Employee”) is required to contribute to the Plan for and with respect to each Plan Year during which he is a Participant an amount equal to a percentage of his Compensation for such Plan Year as determined as follows, provided, however, that the Employee shall no longer be required or permitted to make such Employee Contributions after he has made Employee Contributions to the Plan for a total of 35 years.
(i) Traditional Participants shall contribute an amount determined by the Board increasing over a 13-year period from 5% of Compensation in 2009 to 8.75% of Compensation in 2023.
(ii) For Plan Years beginning before January 1, 2014, Hybrid Participants shall contribute 5% of Compensation for each Plan Year. Effective for Plan Years beginning on or after January 1, 2014, Hybrid Participants shall contribute 3% of Compensation for each Plan Year.
Such Employee Contributions shall be made by the Employer on behalf of the Employee by a reduction of the Employee’s Compensation as provided in Section 8.2 above. Employees will have no option to receive the amount contributed to the Plan by the Employer on the Employees’ behalf in cash in lieu of having such contributions paid to the Plan.
IN WITNESS WHEREOF, the Employer has adopted this Second Amendment to be effective as of the 19th day of December, 2013. COBB COUNTY BOARD OF COMMISSIONERS By:__________________________________ Title: Chairman, Cobb County Board of Commissioners Witness: __________________ Title: ____________________
Page 44 of 81
Cobb County Finance Department Jim Pehrson, CPA, Director/Comptroller
100 Cherokee Street, Suite 400 450 Marietta, Georgia 30090-9610 (770) 528-1503 / fax: (770) 528-1501
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: December 19, 2013
PURPOSE To adopt a resolution adopting all budget amendments set forth in agenda items on this date.
BACKGROUND Georgia Law, O.C.G.A. §36-81-3 (b), requires each unit of local government to operate under an annual balanced budget adopted by ordinance or resolution. Cobb County Code 2-49 provides for revisions to the adopted budget during the year only by formal action of the commission in a regular meeting. In an official opinion date February 24, 1999, the Attorney General of the State of Georgia concluded that all amendments to the budgets of local governments must be adopted by ordinance at each meeting when the amendments are approved by the Board of Commissioners.
FUNDING N/A
RECOMMENDATION The Board of Commissioners adopt a resolution adopting all budget amendments set forth in agenda items on this date.
ATTACHMENTSRESOLUTION
Comm. Dist.
All
Agenda Item Number. 8
Page 45 of 81
Resolution
COBB COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ADOPTING ALL BUDGET AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS DATE
WHEREAS, Georgia Law, O.C.G.A. § 36-81-3 (b), requires each unit of government to operate under an annual balanced budget adopted by ordinance or resolution; and WHEREAS, Cobb County Code 2-49 provides for revisions to the adopted budget during the year only by formal action of the commission in a regular meeting; and WHEREAS, in official opinion date February 24, 1999, the Attorney General of the State of Georgia concluded that all amendments to the budgets of local government must be adopted by ordinance or resolution; NOW, THEREFORE, BE IT RESOLVED the Cobb County Board of Commissioners does hereby adopt all such budget amendments as are set forth in agenda items which are adopted by the Board of Commissioners without change this date, as well as other such budget amendments as shall be specifically detailed in motions adopted by the Board of Commissions this date. This 19th of December 2013
Page 46 of 81
Cobb County Sheriff's Office Neil Warren, Sheriff
185 Roswell Street Marietta, Georgia 30090-9650 (770) 499-4620 / fax: (770) 499-4794
TO: Cobb County Board of Commissioners
FROM: Neil Warren, Sheriff
This item has been electronically signed by:Neil Warren, Sheriff
DATE: December 19, 2013
PURPOSE To authorize the Cobb County Sheriff's Office to classify twenty-one tactical rifles as surplus and authorize the exchange of those surplus weapons to DRD Tactical for new tactical rifles.
BACKGROUND
The Cobb County Sheriff's Office proposes a surplus exchange of twenty-one tactical rifles. The Sheriff's Office SWAT team currently utilizes two different models of tactical rifles. This poses significant issues while training and potential dangers in actual response situations, as the rifles operational aspects vary greatly. Some of the weapons are over 10 years old, and some have been rendered obsolete by the newer and more proficient rifles. Disposition options for most of the firearms are limited, as they are federally restricted firearms, and could only be sold/transferred to the military or another law enforcement agency. In an effort to properly dispose of the equipment and to achieve the greatest residual value, the Sheriff's Office has negotiated an exchange of the surplus rifles for a greater number of weapons with a greater value than what could otherwise be realized. If trade is authorized, the weapons will be salvaged for legal parts by DRD and the remainder destroyed in the presence of Sheriff's Office personnel. The rifles that have been identified as potential surplus property are seventeen Heckler & Koch G36 rifles and parts, and four Cobb MFG MCR .308 caliber rifles. The approximate secondhand value of the weapons is $16,432. In exchange, the Sheriff's Office will receive twenty DRD CDR 15/5.56 caliber tactical rifles and three DRD Paratus Gen 2 7.62 caliber tactical rifles with a total retail value of $55,820. DRD is also requesting permission for use of the exchange information in their promotional literature.
Comm. Dist.
All
Agenda Item Number. 9
Page 47 of 81
FUNDING Not Applicable.
RECOMMENDATION To authorize the Cobb County Sheriff's Office to classify twenty-one tactical weapons as surplus, authorize the trade of said weapons to DRD Tactical, authorize the corresponding budget transactions, and authorize the Chairman to execute the necessary documents.
Agenda Item Number. 9
Page 48 of 81
Cobb County County Clerk's Office Candace W. Ellison, CCC, County Clerk
100 Cherokee Street, Suite 355 Marietta, Georgia 30090-9605 (770) 528-3307 / fax: (770) 528-3325
TO: David Hankerson, County Manager
FROM: Candace Ellison, County Clerk
This item has been electronically signed by:Candace Ellison, County Clerk
DATE: December 19, 2013
PURPOSE To approve the minutes of the following meetings: December 9, 2013 - Special Called Meeting/Agenda Work Session December 10, 2013 - Regular Meeting of the Board
ATTACHMENTSAgenda Work Session minutes
Regular Meeting Minutes
Comm. Dist.
Agenda Item Number. 10
Page 49 of 81
MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 9, 2013
9:00 A.M.
Upon notice duly advertised, the Cobb County Board of Commissioners attended
a Special Called Meeting/Agenda Work Session on Monday, December 9, 2013 which
began at 9:03 a.m. in the 3rd
floor conference room, 100 Cherokee Street, Marietta,
Georgia, for the purpose of receiving information and participating in discussion
regarding the December 10, 2013 agenda. Present and comprising a quorum of the Board
were:
Chairman Tim Lee
Commissioner JoAnn Birrell
Commissioner Lisa Cupid
Commissioner Helen Goreham
Commissioner Bob Ott
No official action was taken by the Board.
ADJOURNMENT
The discussion concluded at 9:11 a.m.
_____________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 50 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 9:00 A.M. The Regular Meeting of the Cobb County Board of Commissioners was held on Tuesday, December 10, 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 9:08 a.m. 2. PRESENTATION OF THE ASSOCIATION OF COUNTY
COMMISSIONERS OF GEORGIA LEGISLATIVE SERVICE AWARD TO STATE SENATOR HUNTER HILL, SENATE DISTRICT 6
Mr. Shaun Adams, representing the Association of County Commissioners of
Georgia (ACCG), presented to State Senator Hunter Hill, the ACCG Legislative Service Award for 2013 General Assembly Session. 3. WATER SYSTEM
3A. CONDUCT OF PUBLIC HEARING PRIOR TO EMPLOYING AN INDEPENDENT CONSULTANT OR CONSULTING FIRM WHERE CONTRACT FEES MAY EXCEED $100,000.00 FOR DESIGN SERVICES FOR FY15 MAINTENANCE ZONE 4 WATER MAIN REPLACEMENT – WATER SYSTEM
Mr. Steve McCullers, Water System Director, provided background information
on the project, and asked that a public hearing be conducted prior to employing an independent consultant or consulting firm where contract fees may exceed $100,000.00, for FY15 Maintenance Zone 4 Water Main Replacement, Program No. W2274. Chairman Lee opened the public hearing and asked that those wishing to speak on this topic come forward. There being no public comment, the Public Hearing was closed. No action was taken by the Board.
3B. CONDUCT OF PUBLIC HEARING PRIOR TO EMPLOYING AN INDEPENDENT CONSULTANT OR CONSULTING FIRM WHERE CONTRACT FEES MAY EXCEED $100,000.00 FOR DESIGN SERVICES FOR FY15 MAINTENANCE ZONES 1 AND 3 WATER MAIN REPLACEMENT – WATER SYSTEM
Mr. Steve McCullers, Water System Director, provided background information on the project, and asked that a public hearing be conducted prior to employing an independent consultant or consulting firm where contract fees may exceed $100,000.00, for FY15 Maintenance Zones 1 and 3 Water Main Replacement, Program No. W2284. Chairman Lee opened the public hearing and asked that those wishing to speak on this topic come forward. There being no public comment, the Public Hearing was closed. No action was taken by the Board.
Page 51 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 2 3. WATER SYSTEM (CONT.)
3C. CONDUCT OF PUBLIC HEARING PRIOR TO EMPLOYING AN INDEPENDENT CONSULTANT OR CONSULTING FIRM WHERE CONTRACT FEES MAY EXCEED $100,000.00 FOR DESIGN SERVICES FOR FY15 MAINTENANCE ZONE 2 WATER MAIN REPLACEMENT – WATER SYSTEM
Mr. Steve McCullers, Water System Director, provided background information on the project, and asked that a public hearing be conducted prior to employing an independent consultant or consulting firm where contract fees may exceed $100,000.00, for FY15 Maintenance Zone 2 Water Main Replacement, Program No. W2279. Chairman Lee opened the public hearing and asked that those wishing to speak on this topic come forward. There being no public comment, the Public Hearing was closed. No action was taken by the Board. 4. PUBLIC COMMENT – MR. TERRY TAYLOR Mr. Terry Taylor addressed the Board regarding the recently approved Memorandum of Understanding with The Atlanta Braves. 5. PUBLIC COMMENT – MS. SAVANNAH POTTER MILLER Ms. Savannah Potter Miller addressed the Board regarding a proposed veterans treatment court in Cobb County. 6. CONSENT AGENDA
MOTION: Motion by Lee, second by Birrell, to approve the following items on the Consent Agenda, as revised, and authorize the appropriate County personnel to execute the necessary documents.
WATER SYSTEM AGENCY
Business Services
6A. APPROVAL OF COBB COUNTY WATER SYSTEM’S SCHEDULE
OF RATES, CHARGES, AND FEES TO BE EFFECTIVE JANUARY 1, 2014 - WATER SYSTEM
To approve Cobb County Water System's Schedule of Rates, Charges, and Fees, as presented, to be effective January 1, 2014. Schedule of Rates, Charges and Fees attached and made a part of these minutes.
Engineering
6B. APPROVAL OF CONSTRUCTION CONTRACT WITH JOHN H. PRUETT CONSTRUCTION CO., INC. FOR NORTH LANDING DRIVE AREA WATER MAIN REPLACEMENT - WATER SYSTEM
To approve a construction contract with John H. Pruett Construction Co., Inc., in the amount of $798,992.85, for North Landing Drive Area Water Main Replacement, Program No. W2253, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.
Page 52 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 3 6. CONSENT AGENDA (CONT.)
WATER SYSTEM AGENCY (CONT.) Engineering (cont.)
6B. APPROVAL OF CONSTRUCTION CONTRACT WITH JOHN H. PRUETT CONSTRUCTION CO., INC. FOR NORTH LANDING DRIVE AREA WATER MAIN REPLACEMENT - WATER SYSTEM (CONT.)
Funding is available in the Water System’s North Landing Drive Area
Water Main Replacement and in the Unidentified New/Replacement Water Mains Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2253.
Transfer from: North Landing Drive Area Water Main Replacement Preliminary Estimates
510-500-5754-8005 W2253-Z $360,000.00
Unidentified New/Replacement Water Mains Preliminary Estimates
510-500-5754-8005 W1503-Z $468,992.85
Total $828,992.85
Transfer to: North Landing Drive Area Water Main Replacement Construction 510-500-5754-8260 W2253-C $798,992.85
Interest Expense on Retainage
510-500-5754-6613 W2253-A $ 4,000.00 Materials & Supplies 510-500-5754-8265 W2253-M $ 10,000.00 Contingency 510-500-5754-8810 W2253-T $ 16,000.00
Total $828,992.85
6C. APPROVAL OF CONSTRUCTION CONTRACT WITH
INSITUFORM TECHNOLOGIES, LLC FOR THE FY14 STORMWATER DRAIN AND SANITARY SEWER REHABILITATION - WATER SYSTEM
To approve a construction contract with Insituform Technologies, LLC, in the amount of $1,923,198.06, for FY14 Stormwater Drain and Sanitary Sewer Rehabilitation, Program No. S1104, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.
Funding is available in the Water System’s Stormwater Multi-Year
Adopted CIP Budget for Fund 510, Department 500, Org 5758, Program No. SW1480 and Infiltration/Inflow Reduction Adopted CIP Budget for Fund 510, Department 500, Org. 5755, Program No. S1104.
Transfer from: Infiltration/Inflow Reduction Preliminary Estimates 510-500-5755-8005 S2011-Z $1,295,953.36 Stormwater Multi-Year Budget Drainage Contract R & M Service 510-500-5758-6496 SW9999-Z $ 671,994.70
Total $1,967,948.06
Page 53 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 4 6. CONSENT AGENDA (CONT.)
WATER SYSTEM AGENCY (CONT.) Engineering (cont.)
6C. APPROVAL OF CONSTRUCTION CONTRACT WITH INSITUFORM TECHNOLOGIES, LLC FOR THE FY14 STORMWATER DRAIN AND SANITARY SEWER REHABILITATION - WATER SYSTEM (CONT.)
Transfer to: FY14 Stormwater Drain and Sanitary Sewer Rehabilitation Construction
510-500-5755-8260 S1104-C $1,251,203.36 Drainage Contract R & M Service
510-500-5758-6496 SW1480-C $ 671,994.70 Interest Expense on Retainage
510-500-5755-6613 S1104-A $ 6,250.00 Contingency 510-500-5755-8810 S1104-T $ 38,500.00
Total $1,967,948.06
Stormwater
6D. APPROVAL OF CONSTRUCTION CONTRACT UNDER THE 2013 STORMWATER MANAGEMENT UNIT PRICE AGREEMENT WITH W. E. CONTRACTING COMPANY, INC. FOR 4003 DEFENDER DRIVE - WATER SYSTEM
To approve a construction contract under the 2013 Stormwater Management Unit Price Agreement with W. E. Contracting Company, Inc. in the amount of $118,505.00 for 4003 Defender Drive, Program No. SW1495; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Funding is available in the Water System’s Stormwater Multi-year Budget for Fund 510, Department 500, Unit 5758, Program No. SW1495.
Transfer from: FY13 Stormwater Multi-year Budget Drainage Contract R&M Service
510-500-5758-6496 SW9999-Z $118,505.00
Transfer to: 4003 Defender Drive Drainage Contract R&M Service
510-500-5758-6496 SW1495-C $118,505.00
6E. AUTHORIZATION TO ACCEPT A LIMITED WARRANTY DEED CONVEYING A DETENTION POND LOT IN BECKFORD PLACE SUBDIVISION TO COBB COUNTY - WATER SYSTEM
To authorize acceptance of a Limited Warranty Deed conveying a detention pond lot in Beckford Place Subdivision to Cobb County, Program No. SW1496, and further authorize the Chairman to execute the necessary documents.
Page 54 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 5 6. CONSENT AGENDA (CONT.)
TRANSPORTATION AGENCY
Administration
6F. AUTHORIZATION TO CREATE ONE NEW TRANSPORTATION DIVISION MANAGER POSITION WITHIN THE DEPARTMENT OF TRANSPORTATION TO FACILITATE CURRENT WORKLOADS, AND APPROVAL OF THE OPERATING BUDGET TO SUPPORT THE POSITION - TRANSPORTATION
To authorize the creation of one new Transportation Division Manager position, grade 63, within the Department of Transportation to facilitate current workloads, to be effective immediately; approve the operating budget to support the position; and further authorize the corresponding budget transactions.
Funding for the remainder of FY14 is available in the Department’s FY14 approved budget as follows: 010-050-0770-0771-Various Personal Services $109,200.00 010-050-0770-0771-6258 $ 500.00 010-050-0770-0771-6385 $ 1,000.00
6G. DETERMINATION THAT CIRCUMSTANCES ARE SUCH THAT
IT IS NECESSARY TO PROCEED WITH CONDEMNATION PROCEEDINGS BY DECLARATION OF TAKING UNDER O.C.G.A. §32-3-4, ET SEQ., ON ONE PARCEL ON PETE SHAW ROAD SIDEWALK - TRANSPORTATION To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Pete Shaw Road Sidewalk, Project No. E7390; adopt a Resolution and Order; and further authorize the Chairman to execute the necessary documents.
Parcel 1 John M. Maddox and 6,497.67 sq. ft. perm. drainage easement Pamela W. Maddox 821.11 sq. ft. perm. const. easement 3990 Steinhauer Road Marietta, GA 30066
Airport
6H. APPROVAL OF AIRPORT CAPITAL IMPROVEMENT PLAN ANNUAL UPDATE FOR COBB COUNTY AIRPORT-MCCOLLUM FIELD - TRANSPORTATION
To approve the Airport Capital Improvement Plan annual update for Cobb County Airport-McCollum Field. The FY15 – FY19 Airport Capital Improvement Plan Update is attached and made a part of these minutes.
Page 55 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 6 6. CONSENT AGENDA (CONT.)
PUBLIC SERVICES AGENCY
Library System
6I. AUTHORIZATION TO ACCEPT DONATION FROM THE COBB LIBRARY FOUNDATION TO BE SPECIFICALLY USED FOR THE PURCHASE OF E-BOOKS AND DVDS – LIBRARY SYSTEM
To authorize the acceptance of a donation from the Cobb Library Foundation, in the amount of $24,000.00, for the purchase of library materials, specifically for the purchase of e-books and DVDs; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Increase revenue: 270-080-GL03-4920 $24,000.00 Increase expenditure: 270-080-GL03-6154 $24,000.00
SUPPORT SERVICES AGENCY
Information Services
6J. AUTHORIZATION FOR THE PURCHASING DIRECTOR TO
MAKE A PURCHASE OF SERVICES UNDER PROVISIONS OF A GEORGIA STATEWIDE CONTRACT FOR CISCO NETWORKING EQUIPMENT AND IT INFRASTRUCTURE PRODUCTS FOR COBB COUNTY’S DATA COMMUNICATIONS NETWORK – INFORMATION SERVICES
To authorize the Purchasing Director to make a purchase of services, in an amount not to exceed $182,139.88, under provisions of a Georgia Statewide Contract for Cisco Networking Equipment and IT Infrastructure Products for Cobb County’s data communications network. Funding: No additional funds are requested. Funding for the General Fund portion of this maintenance contract is available in the Information Services FY 14 adopted budget. Funding is also available in the FY 14 adopted budgets of the Fire Fund and Water Fund.
6K. APPROVAL OF CAPITAL LEASE WITH DELL FINANCIAL
SERVICES TO FINANCE THE REPLACEMENT OF UP TO 110 PERSONAL COMPUTERS IN THE SECOND QUARTER OF FY14 – INFORMATION SERVICES
To approve a capital lease with Dell Financial Services, in an amount not to exceed $122,400.00, to finance the replacement of up to 110 personal computers in the second quarter of FY14, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: Debt service payments for FY14 are estimated to be $22,950.00. Funding for FY14 debt service payments was approved in the FY14 capital projects budget for PC Capital Leases, Unit 4534. Funding for FY15 and beyond will be requested in the capital projects budget for PC Capital Leases in future budget cycles.
Page 56 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 7
6. CONSENT AGENDA (CONT.)
SUPPORT SERVICES AGENCY (CONT.)
Information Services (cont.)
6K. APPROVAL OF CAPITAL LEASE WITH DELL FINANCIAL SERVICES TO FINANCE THE REPLACEMENT OF UP TO 110 PERSONAL COMPUTERS IN THE SECOND QUARTER OF FY14 – INFORMATION SERVICES (CONT.)
A capital lease in an amount not exceed $122,400.00 will provide funding for replacement of the PC’s. The capital lease proceeds revenue and the corresponding expenses will be appropriated as follows: Increase revenue: 380-035-4534-4919 (Proceeds) $122,400.00 Increase expense: 380-035-4534-8420 (Computer Equip) $122,400.00 Funding for FY14 debt service payments is available in the Capital Budget for PC Capital Leases.
Property Management
6L. APPROVAL OF CONTRACT WITH GIBSON’S PRESSURE
GROUTING SERVICE, INC., FOR THE INSTALLATION OF PIERS TO STABILIZE THE PERIMETER BRICK WALL FOUNDATION, AND WITH NOVA ENGINEERING AND ENVIRONMENTAL TO MONITOR THE INSTALLATION OF THE PIERS AT THE COBB COUNTY PARKING DECK – PROPERTY MANAGEMENT
To approve a contract with Gibson’s Pressure Grouting Service, Inc, in the amount of $161,475.00, and Nova Engineering and Environmental, in the amount of $6,000.00, for the underpinning of the exterior wall foundation of the Cobb County Parking Deck located at 115 Waddell Street, Marietta; authorize a contingency, in the amount of $2,525.00; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding for the repairs to the Parking Deck is available with the following revenue and expenditure budget adjustments in the General Fund: Increase revenue:
010-015-0145-4980 (Fund balance appropriation) $170,000.00 Increase expenditure:
010-015-0145-8852 (Reserve appropriation) $170,000.00 This funding is then transferred to the Parking Deck Fund with the following revenue budget adjustments in the Parking Deck Fund: Increase revenue:
240-110-4820-4960 (Interfund transfers in) $170,000.00 Decrease revenue:
240-110-4820-4980 (Fund balance approp.) $170,000.00 Next, funding is moved to the capital spending objects in the Parking Deck Fund as follows: Transfer from: 240-110-4820-8852 (Reserves) $170,000.00 Transfer to: 240-110-4820-8120 (Engineering) $ 6,000.00
240-110-4820-8110 (Repairs) $161,475.00 240-110-4820-8005 (Contingency) $ 2,525.00
Page 57 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 8 6. CONSENT AGENDA (CONT.)
SUPPORT SERVICES AGENCY (CONT.)
Fleet Management
6M. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA BY AND ON BEHALF OF KENNESAW STATE UNIVERSITY AND COBB COUNTY TO PROVIDE PREVENTIVE MAINTENANCE AND REPAIR SERVICES IN SUPPORT OF KENNESAW STATE UNIVERSITY MOTORCYCLES - FLEET MANAGEMENT
To approve an intergovernmental agreement between the Board of Regents of the University System of Georgia by and on behalf of Kennesaw State University and Cobb County to provide preventative maintenance and repair services in support of Kennesaw State University motorcycles; and authorize the Chairman to execute the necessary documents. A copy of the agreement is attached and made a part of these minutes.
COMMUNITY DEVELOPMENT AGENCY
Business License
6N. AFFIRMATION OF DECISION BY THE LICENSE REVIEW
BOARD TO RECOMMEND APPROVAL OF THE ALCOHOLIC BEVERAGE WORK PERMIT FOR ERIC GALYON – BUSINESS LICENSE
To affirm the November 21, 2013 decision by the License Review Board to recommend approval of the alcoholic beverage work permit for Mr. Eric Galyon.
6O. AFFIRMATION OF DECISION BY THE LICENSE REVIEW
BOARD TO RECOMMEND APPROVAL OF THE ALCOHOLIC BEVERAGE WORK PERMIT WITH STIPULATION FOR GRETA BUCCELLATO – BUSINESS LICENSE
To affirm the November 21, 2013 decision by the License Review Board to recommend approval of the alcoholic beverage work permit for Ms. Greta Buccellato, provided that a copy of Abbey Road Bar & Grill’s alcohol policies and procedures are provided to the Business License Division by January 31, 2014, otherwise the permit is revoked.
6P. AFFIRMATION OF THE DECISION BY THE LICENSE REVIEW
BOARD TO APPROVE THE BEER, WINE AND SUNDAY SALES POURING LICENSE FOR JDDT1, LLC, D/B/A UNCLE MADDIO’S PIZZA JOINT, JOHN DAYTON, JR., LICENSEE – BUSINESS LICENSE To affirm the November 21, 2013 decision by the License Review Board to recommend approval of the beer, wine and Sunday sales pouring license for for JDDT1, LLC, doing business as, Uncle Maddio’s Pizza Joint, 4101 Roswell Rd., Suite 1100, Marietta, GA, John Dayton, Jr., licensee.
Page 58 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 9 6. CONSENT AGENDA (CONT.)
BOARD OF COMMISSIONERS
Chair (County-wide)
6Q. ADOPTION OF RESOLUTION SUBSCRIBING TO SPECIFIC ETHICS PRINCIPLES APPROVED BY THE GEORGIA MUNICIPAL ASSOCIATION AS PART OF ITS CERTIFIED COUNTY OF ETHICS PROGRAM, AND AUTHORIZATION TO SUBMIT APPLICATION FOR RECERTIFICATION– BOARD OF COMMISSIONERS
To adopt a resolution stating that the Cobb County Board of Commissioners subscribes to the specific ethics principles approved by the Georgia Municipal Association (GMA) as part of its Certified County of Ethics program, authorize application for Cobb County’s recertification by GMA; and further authorize the Chairman to execute the necessary documents. A copy of said resolution is attached and made a part of these minutes. Funding for the application fee is available in the FY14 adopted budget of the Board of Commissioners.
6R. ADOPTION OF RESOLUTION NOTIFYING THE COBB
DELEGATION OF THE GEORGIA GENERAL ASSEMBLY THAT 2014 MERIT INCREASES HAVE BEEN BUDGETED FOR ELIGIBLE EMPLOYEES OF COBB COUNTY, INCLUDING ELECTED OFFICIALS WHOSE SALARIES ARE SET BY THE GEORGIA GENERAL ASSEMBLY – BOARD OF COMMISSIONERS
To adopt and execute a resolution notifying the Cobb Delegation of the Georgia General Assembly that 2014 merit increases have been budgeted for eligible employees of Cobb County, including Elected Officials whose salaries are set by the Georgia General Assembly. A copy of said resolution is attached and made a part of these minutes.
COUNTY MANAGER
6S. AUTHORIZATION TO SELL CERTAIN REAL PROPERTY NOT
REQUIRED FOR COUNTY PURPOSES TO IH3 PROPERTY GEORGIA, L.P., THROUGH THE BROKERAGE FIRM OF MCWHIRTER REALTY – COUNTY MANAGER
To authorize the sale to IH3 Property Georgia, L.P. of certain property located at 2201 Greenridge Drive and the remainder of the property at 2199 Greenridge Drive, Marietta, Georgia, no longer required for county purposes, through the brokerage firm of McWhirter Realty, pursuant to the terms of the Purchase and Sale Agreement; and further authorize the Chairman to executive the necessary documents. Funding: Upon the receipt of proceeds from the sale of property, the funds will be received and appropriated as follows: Proceeds from the sale of fixed assets
010-120-0651-4945 $ TBD Cover existing expenses from sale of property
010-120-0651-6308 $ TBD Proceeds net of expenses - reserved for one time use 010-120-0651-8818 $ TBD
Page 59 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 10
6. CONSENT AGENDA (CONT.)
HUMAN RESOURCES
6T. APPROVAL OF CONTRACT WITH THE MCCART GROUP, FOR BENEFIT CONSULTING SERVICES – HUMAN RESOURCES
To approve a three-year contract with The McCart Group, for professional benefits consulting services effective January 1, 2014 through December 31 2016, with the option for two additional one-year renewals; and authorize the Chairman to execute the necessary documents. Funding: FY14 funding of approximately $85,000 is available in the Medical Fund budget and will be included in each succeeding year's budget for the term of the contract.
6U. AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES TO CONDUCT A COMPREHENSIVE CLASSIFICATION AND COMPENSATION STUDY FOR ALL COUNTY GRADED POSITIONS – HUMAN RESOURCES
To authorize the issuance of a Request for Proposals for consultant services to conduct a comprehensive classification and compensation study for all County graded positions. Funding: FY14 funding is available in the General Fund Administration-Contingency as follows:
010-015-0145-8852
6V. APPROVAL OF THE ON-SITE CLINIC POLICY AND PROCEDURES – HUMAN RESOURCES
To approve the On-Site Clinic Policy and Procedures. The policy and procedures are attached and made a part of these minutes.
6W. APPROVAL AND RENEWAL OF CONTRACT WITH SYMETRA
FOR THE SELF-FUNDED MEDICAL PLAN STOP LOSS INSURANCE FOR THE 2014 PLAN YEAR – HUMAN RESOURCES
To approve and renew a contract with Symetra for the self-funded Medical Plan Stop Loss insurance for January 1, 2014 through December 31, 2014 for the PPO, Open Access POS, and the HMO medical plans; and authorize the Chairman to execute the necessary documents. Funding: Annual funding approximately $1,016,000.00 for these services was included in the FY14 Medical Fund budget.
FINANCE
6X. ADOPTION OF RESOLUTION ADOPTING ALL BUDGET
AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS DATE - FINANCE
To adopt a resolution adopting all budget amendments set forth in agenda items on this date. A copy of said resolution is attached and made a part of these minutes.
Page 60 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 11 6. CONSENT AGENDA (CONT.)
FINANCE (CONT.)
6Y. ADOPTION OF FIRST SUPPLEMENTAL RESOLUTION RATIFYING, CONFIRMING, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY REVENUE REFUNDING BONDS, SERIES 2013 - FINANCE
To adopt the First Supplemental Resolution, supplementing its November 26, 2013 Resolution, ratifying, confirming, authorizing and approving, among other matters: (1) the acceptance of the lowest responsive bid for the purchase of the Cobb-Marietta Coliseum and Exhibit Hall Authority Revenue Refunding Bonds (Performing Arts Center Project), Series 2013 (the 2013 Bonds), in the original aggregate principal amount of $41,635,000.00, the proceeds of which will be used to optionally redeem, currently refund and defease the outstanding Cobb-Marietta Coliseum and Exhibit Hall Authority Revenue Bonds (Performing Arts Center Project), Series 2004 maturing after January 1, 2014, and pay costs associated therewith, (2) the final payment terms of the 2013 Bonds, (3) the substantially final forms of the First Supplemental Trust Indenture, the First Amendment to Intergovernmental Contract, the First Amendment to Performing Arts Center Operating Agreement, the Continuing Disclosure Certificate and the Official Statement, all in connection with the issuance of the 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 2013 Bonds and the documents related thereto, (4) the execution and delivery, as applicable, of the aforesaid financing documents on behalf of the County, and (5) other matters related thereto, and authorize the Chairman to execute the necessary documents. A copy of said resolution document is attached and made a part of these minutes. Copies of the resolution exhibits are on file in the Office of the County Clerk. 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.
Page 61 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 12 6. CONSENT AGENDA (CONT.)
FINANCE (CONT.)
6Z. AUTHORIZATION TO PROCEED WITH THE NECESSARY STEPS FOR THE ISSUANCE OF THE 2014 TAX ANTICIPATION NOTES - FINANCE
To authorize the Finance Director/Comptroller to proceed with the process outlined below for the issuance of the 2014 Tax Anticipation Notes estimated at approximately $65 to $75 million:
• Authorize the Finance Director/Comptroller to competitively bid, with the assistance of the County’s financial advisor, the following: underwriting, paying agent, printing services, and other services relevant to the issue;
• Authorize the Finance Director/Comptroller to proceed, with the assistance of the County’s financial advisor and bond counsel, with preparation of all documents necessary for the issuance, approve the bidders list, accept lowest net interest cost to Cobb as the winning bid, and accept highest yields for reinvestment of proceeds;
• Authorize the Chairman to execute the necessary documents.
Funding: Issuance costs have been budgeted in the Finance Department 2014 budget.
SUPERIOR COURT
6AA. AUTHORIZATION TO ACCEPT DONATIONS FROM THE COBB
COUNTY LAW LIBRARY AND THE FAMILY LAW WORKSHOP TO COBB COUNTY LEGAL AID AND THE COBB JUSTICE FOUNDATION – SUPERIOR COURT To authorize the donation of $3,523.00 from the Cobb County Law Library to the Cobb County Legal Aid Office; and further authorize the donation of $2,500.00 from the Cobb County Family Law Workshop to the Cobb Justice Foundation. Funding for the Law Library’s donation is currently available in the Law Library Fund’s operating budget with the following transfer: Transfer out: 250-225-0050-6154 $3,523.00 Transfer in: 250-225-0050-6574 $3,523.00 Funding for The Family Law Workshop’s donation was available in the Family Law Workshop budget with dedicated funds in the following location:
010-225-9510-6601 $2,500.00
Page 62 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 13 6. CONSENT AGENDA (CONT.)
COUNTY CLERK
6BB. ADOPTION OF TWO RESOLUTIONS ESTABLISHING THE DATES, TIMES, AND PLACE OF THE REGULAR MEETINGS AND THE ZONING HEARINGS OF THE BOARD OF COMMISSIONERS FOR THE CALENDAR YEAR 2014 AND AUTHORIZATION FOR THE CHAIRMAN TO POSTPONE OR CANCEL ANY MEETING AS HE DEEMS NECESSARY – COUNTY CLERK
To adopt two resolutions establishing the dates, times, and place of the Board's regular meetings and zoning hearings for the calendar year 2014, authorize the Chairman to postpone or cancel any meeting as he deems necessary, and direct the County Clerk to advertise said resolutions as required by the Official Code of Cobb County.
COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION FOR ESTABLISHMENT OF
DATES, TIMES AND PLACE OF REGULAR MEETINGS FOR 2014
BE IT RESOLVED, the Cobb County Board of Commissioners, in accordance with
O.C.G.A. Section 50-14-1(2)(d) and the Official Code of Cobb County, Part II, Section 2-30, does hereby designate the following dates, times and place of its Regular Meetings for the calendar year 2014:
2nd Tuesday of each month at 9:00 a.m.
4th Tuesday of each month at 7:00 p.m., with the exception of the month of December, when the second meeting of the month shall be held on the 3rd Thursday of the month, December 18, 2014 at 6:00 p.m.
BE IT FURTHER RESOLVED, the meeting place for the Regular Meetings shall be the Public Meeting Room on the second floor of the Cobb County Building, 100 Cherokee Street, Marietta, Georgia. BE IT FURTHER RESOLVED, the Chairman of the Board of Commissioners is hereby authorized to postpone or cancel any meeting as he deems necessary. BE IT FURTHER RESOLVED, the County Clerk is hereby directed to publish this Resolution in the newspaper in which the Sheriff’s advertisements are published, once a week for two (2) weeks during the thirty (30) day period immediately following its passage and is further directed to post and maintain a copy of this Resolution on the County’s official bulletin board located on the second floor of the Cobb County Building, 100 Cherokee Street, Marietta, Georgia. So adopted this 10th day of December, 2013. Candace W. Ellison County Clerk Cobb County Board of Commissioners
REGULAR MEETING DATES FOR 2014
January 14 April 8 July 8 October 14 January 28 April 22 July 22 October 28 February 11 May 13 August 12 November 11 February 25 May 27 August 26 November 25 March 11 June 10 September 9 December 9 March 25 June 24 September 23 December 18
(3rd Thursday 6:00 p.m.)
Page 63 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 14 6. CONSENT AGENDA (CONT.)
COUNTY CLERK (CONT.)
6BB. ADOPTION OF TWO RESOLUTIONS ESTABLISHING THE DATES, TIMES, AND PLACE OF THE REGULAR MEETINGS AND THE ZONING HEARINGS OF THE BOARD OF COMMISSIONERS FOR THE CALENDAR YEAR 2014 AND AUTHORIZATION FOR THE CHAIRMAN TO POSTPONE OR CANCEL ANY MEETING AS HE DEEMS NECESSARY – COUNTY CLERK (CONT.)
COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION FOR ESTABLISHMENT OF
DATES, TIMES AND PLACE OF BOC ZONING HEARINGS FOR 2014
BE IT RESOLVED, the Cobb County Board of Commissioners, in accordance with O.C.G.A. Section 50-14-1(2)(d) and the Official Code of Cobb County, does hereby designate the following dates, time and place of its BOC Zoning Hearings for the calendar year 2014:
3rd Tuesday of each month at 9:00 a.m., with the exception of the month of January, when no hearing will be held.
BE IT FURTHER RESOLVED, the meeting place for the BOC Zoning Hearings shall be the Public Meeting Room on the second floor of the Cobb County Building, 100 Cherokee Street, Marietta, Georgia. BE IT FURTHER RESOLVED, the Chairman of the Board of Commissioners is hereby authorized to postpone or cancel any meeting as he deems necessary. BE IT FURTHER RESOLVED, the County Clerk is hereby directed to publish this Resolution in the newspaper in which the Sheriff’s advertisements are published, once a week for two (2) weeks during the thirty (30) day period immediately following its passage and is further directed to post and maintain a copy of this Resolution on the County’s official bulletin board located on the second floor of the Cobb County Building, 100 Cherokee Street, Marietta, Georgia. So adopted this 10th day of December, 2013. Candace W. Ellison County Clerk Cobb County Board of Commissioners
BOC ZONING HEARING DATES FOR 2014
January (no hearing) May 20 September 16 February 18 June 17 October 21 March 18 July 15 November 18 April 15 August 19 December 16
Page 64 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 15 6. CONSENT AGENDA (CONT.)
COUNTY CLERK (CONT.)
6CC. APPROVAL OF MINUTES – COUNTY CLERK
To approve the minutes of the following meetings: November 21, 2013 - Town Hall Meeting - Commissioner Goreham
November 25, 2013 - Special Called Meeting/Agenda Work Session November 25, 2013 - Town Hall Meeting - Commissioner Birrell November 25, 2013 - Town Hall Meeting - Commissioner Ott November 26, 2013 - Special Called Meeting/Work Session November 26, 2013 - Regular Meeting of the Board
CONSENT VOTE: ADOPTED unanimously
7. TRANSPORTATION AGENCY
Engineering 7A. APPROVAL OF CONSTRUCTION AGREEMENT WITH THE
GEORGIA DEPARTMENT OF TRANSPORTATION FOR SR360/POWDER SPRINGS ROAD AT CHEATHAM HILL ROAD/CALLAWAY ROAD - TRANSPORTATION
MOTION: Motion by Cupid, second by Goreham, to approve a Construction Agreement with the Georgia Department of Transportation for SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road, State Project No. STP00-0004-00(449), State P. I. No. 0004449, Cobb County Project No. D3340; and authorize the Chairman to execute the necessary documents. VOTE: ADOPTED unanimously
7B. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE
CONTRACT WITH BALDWIN PAVING COMPANY, INC., FOR ROADWAY SAFETY AND OPERATIONAL IMPROVEMENTS ON FLOYD ROAD-WIDENING AND ON FLOYD ROAD-SIDEWALKS – TRANSPORTATION
MOTION: Motion by Cupid, second by Ott, to approve Supplemental Agreement No. 1 to the contract with Baldwin Paving Company, Inc., in an amount not to exceed $64,903.95, for roadway safety and operational improvements on Floyd Road-Widening, State Project No. CSMSL-0007-00(132), State P. I. No. 0007132, and on Floyd Road-Sidewalks, State Project No. CM000-0004-00(510), State P. I. No. 0004510, Cobb County Project No. D12C0, MIS Contract No. 000507; approve a contract time extension to May 31, 2014; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: 340-050-7512-D12C-8761-D12C0-C $64,903.95 Transfer to: 340-050-7512-D12C-8762-D12C0-C $64,903.95 Increase GAE 340062612601:
340-050-7512-D12C-8762-D12C0-C $64,903.95 VOTE: ADOPTED unanimously
Page 65 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 16 7. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.) 7C. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE
CONTRACT WITH CHATFIELD CONTRACTING, INC., FOR DRAINAGE SYSTEM REPAIRS ON ROBIN HOOD PLACE - TRANSPORTATION
MOTION: Motion by Ott, second by Goreham, to approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., a savings to the project in the amount of $2,840.80, for drainage system repairs on Robin Hood Place, Project No. E2390, MIS Contract No. 000653; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345062513501:
345-050-E002-E239-8762-E2390-C $1,845.80 A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510062513501:
510-500-5756-8260-W4294-C $ 995.00 Transfer from: Robin Hood Place Culvert Construction Change Order No. 1 (final):
510-500-5756-8260-W4294-C $ 995.00
Interest on Retainage 510-500-5756-6613-W4294-A $ 115.00
Contingency
510-500-5756-8810-W4294-T $ 470.00
Total $1,580.00 Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates
510-500-5756-8005-W4069-Z $1,580.00 VOTE: ADOPTED unanimously
7D. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE 2013
COUNTYWIDE UNIT PRICE CONTRACT WITH BUTCH THOMPSON ENTERPRISES, INC., FOR DRAINAGE SYSTEM REPAIRS ON WINDCHIME WAY – TRANSPORTATION
MOTION: Motion by Goreham, second by Ott, to approve Change Order No. 1 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., a savings to the project in the amount of $1,934.80, for drainage system repairs on Windchime Way, Project No. E2430-WO#1, MIS Contract No. 000609; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Page 66 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 17 7. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.)
7D. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE 2013 COUNTYWIDE UNIT PRICE CONTRACT WITH BUTCH THOMPSON ENTERPRISES, INC., FOR DRAINAGE SYSTEM REPAIRS ON WINDCHIME WAY – TRANSPORTATION (CONT.)
Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345081313404:
345-050-E002-E243-8762-E2430-C $967.40 A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510081313404:
510-500-5756-6496-W4299-C $967.40 Transfer from: Windchime Way Drainage Construction Change Order No. 1 (final)
510-500-5756-6496-W4299-C $967.40 Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates
510-500-5756-8005-W4069-Z $967.40 VOTE: ADOPTED unanimously
7E. APPROVAL OF UTILITY RELOCATION AGREEMENT WITH
GEORGIA POWER COMPANY FOR PRELIMINARY ENGINEERING AND RELOCATION OF FACILITIES ON I-285/ATLANTA ROAD INTERCHANGE - TRANSPORTATION
MOTION: Motion by Ott, second by Birrell, to approve a Utility Relocation Agreement with Georgia Power Company, in a form substantially similar to the attached and as approved by the County Attorney's Office, in an amount not to exceed $108,450.00, for preliminary engineering and relocation of facilities on I-285/Atlanta Road Interchange, State Project No. STP00-0222-01(001), State P. I. No. 752300, Cobb County Project No. D4100, MIS Contract No. 000758; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents. Funding: Available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: 340-050-7504-D410-8781-D4100-U $108,450.00 Transfer to: 340-050-7504-D410-8786-D4100-U $108,450.00 VOTE: ADOPTED unanimously
Page 67 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 18
8. PUBLIC SERVICES AGENCY
Parks, Recreation, and Cultural Affairs 8A. APPROVAL OF CONTRACT WITH SUTTON ARCHITECTURAL
SERVICES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR IMPROVEMENTS AT FAIR OAKS PARK - PARKS, RECREATION, AND CULTURAL AFFAIRS
MOTION: Motion by Goreham, second by Ott, to approve a contract with Sutton Architectural Services, Inc., in an amount not to exceed $79,300.00, for professional design and construction administration services for improvements at Fair Oaks Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E030-EP306 E-8722 Fair Oaks Park-Building #1 $21,770.00 345-105-E030-EP307 E-8722 Fair Oaks Park-Building #2 $21,770.00 345-105-E040-EP407 E-8722 Fair Oaks Park –
Field Renovations $35,350.00 345-105-E050-EP504 E-8722 Fair Oaks Park $ 410.00 VOTE: ADOPTED unanimously
8B. APPROVAL OF CONTRACT WITH MULTIPLEX, LLC FOR
CONSTRUCTION SERVICES RELATED TO THE REDEVELOPMENT OF WALLACE PARK - PARKS, RECREATION, AND CULTURAL AFFAIRS
MOTION: Motion by Cupid, second by Ott, to approve a contract with Multiplex, LLC, in an amount not to exceed $1,111,000.00, for construction services related to the redevelopment of Wallace Park, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E030-EP360 C-8125
Wallace Park-Building #1 $281,820.94 345-105-E030-EP361 C-8125
Wallace Park-Football Building $249,857.00 345-105-E040-EP465 C-8125
Wallace Park-Cross Tie Wall Replacement $300,000.00 345-105-E040-EP468 C-8125
Wallace Park - Field Renovations $279,322.06 VOTE: ADOPTED unanimously
Page 68 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 19
8. PUBLIC SERVICES AGENCY (CONT.)
Parks, Recreation, and Cultural Affairs (cont.) 8C. APPROVAL OF CONTRACT WITH ALLSTAR LIGHTING AND
ELECTRICAL SERVICE FOR THE INSTALLATION OF NEW SPORTS LIGHTING FIXTURES AND RELATED EQUIPMENT TO SERVE ATHLETIC FIELD LIGHTING AT WALLACE PARK - PARKS, RECREATION, AND CULTURAL AFFAIRS
MOTION: Motion by Cupid, second by Birrell, to approve a contract with AllStar Lighting & Electrical Service, in an amount not to exceed $69,892.00, for the installation of new sports lighting fixtures and related equipment to serve athletic field lighting at Wallace Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E040-EP467 C-8024
Wallace Park - Electrical Upgrades $69,892.00 VOTE: ADOPTED unanimously
9. SUPPORT SERVICES AGENCY
Property Management 9A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 (FINAL)
TO THE CONTRACT WITH W. E. CONTRACTING CO., INC., FOR PLUMBING WORK AT THE RELOCATED JUVENILE COURT FACILITY - PROPERTY MANAGEMENT
MOTION: Motion by Birrell, second by Lee, to approve Supplemental Agreement No. 1 (final) to the contract with W. E. Contracting Co., Inc., in the amount of $7,500.00, for the 2011 SPLOST plumbing renovation work at the relocated Juvenile Court facility located at 30 Waddell Street, Marietta, Georgia; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the project budget as follows: 345-110-E085-8005-E0850-C
Juvenile Court relocation $7,500.00
Increase GAE 345071012703 $7,500.00 VOTE: ADOPTED unanimously
Page 69 of 81
MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 2013 PAGE 20
10. COMMUNITY DEVELOPMENT AGENCY
Business License Division 10A. CONDUCT OF SHOW CAUSE HEARING REGARDING THE
COBB COUNTY BEER, WINE, AND SUNDAY SALES PACKAGE LICENSE FOR ABH CORPORATION D/B/A QUIK PIC FOOD STORE, KHUBAIB HUSSAIN, LICENSEE – BUSINESS LICENSE DIVISION
Chairman Lee opened the Show Cause Hearing regarding the beer, wine, and Sunday sales package license for ABH Corporation d/b/a Quik Pic Food Store, 340 Six Flags Drive, Suite A, Austell, Georgia, Khubaib Hussain, licensee. Mr. Sam Hensley, Jr., attorney for the Business License Division and the License Review Board, provided opening remarks and explained that today’s hearing was for the purpose of providing an informational update, pursuant to the Board’s direction on July 9, 2013. Mr. Parks Huff, attorney for Mr. Hussain, provided opening remarks. Mr. Hensley swore in those persons expected to testify. Mr. Hensley called Sergeant Bonnie Smith, Cobb County Police Department, for questioning. Mr. Huff also questioned Sergeant Smith. Mr. Huff provided closing remarks. Mr. Hensley provided closing remarks. Discussion among the Board ensued. No official action was taken by the Board.
11. APPOINTMENT TO THE COBB DEPARTMENT OF FAMILY AND CHILDREN SERVICES
MOTION: Motion by Lee, second by Goreham, to approve the appointment of Dr. Paulette Herbert to the Cobb Department of Family and Children Services, for a term balance to expire June 30, 2015. Said appointment replaces Mary Finlayson. VOTE: ADOPTED unanimously
ADJOURNMENT The meeting was adjourned at 10:23 a.m. ____________________________________________ Candace W. Ellison, CCC County Clerk Cobb County Board of Commissioners
Page 70 of 81
COBB COUNTY TRANSPORTATION AGENCY
REGULAR AGENDA COVER
REGULAR MEETING OF DECEMBER 19, 2013
ITEM NO.
Engineering
1 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.
Page 71 of 81
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: December 19, 2013
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
Agenda Item Number. 1
Page 72 of 81
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.
Original Contract $445,329.41
Supplemental Agreement No. 1 $ 44,301.64
Revised Contract $489,631.05
FUNDING Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer:
Transfer From: 345-050-E006-E602-8721-E6020-E $44,301.64
Transfer To: 345-050-E006-E602-8722-E6020-E $44,301.64
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.
ATTACHMENTSLocation Map
Agenda Item Number. 1
Page 73 of 81
"""
"" " " "
MOUNTBETHEL
PARK
FELLTONPROPERTY
HYDEFARM
CHATTAHOOCHEERIVER N RA
IND IAN HILLS PKWY
LITTLE WILLEO RDPROVIDENCE RD
PAPER MILL RD
LOWER ROSWELL RD
POW ERS R D
LOW ER ROSWELL RD
EAST
COBB
DRFA
IRFI
E LD
DRJOHNSON FERRY RD
ROSWELL RD
WOO
DLAW
NDR
JOHN
S ON
FERR
YR D
CLUBLAND DR
SHER FIEL D
DR
MULBERR Y DR
NASSAU WAY
H AM PTON FARMS D R
LA
KES HORE
DR
GRAM
ERCY
DR
BEL V EDERE PL
COVEDR
GASKI N WALK
GATE S
IDEPL
TALL OAK DR
COYT
E DR
L AKELA N D DR
DOGW OODTRL
TALLEY GREEN DR
PRINCE TON WALK
FOREST BR OO K P KW Y
SUNSET TRL
COVE ISLA
ND
DR
RIV ERM ILL C IR
K ING
SCH
SE
SEN T RYWA LK
H AMPTON L A KE D R
CONNEM
A RA DR
OTTE
RWAY
LARR Y LN
REBEL RD
CONWAY DR
LAKESH OR E
DR
COVE WAY
W ILLOW POI NT PKWY
OLDE TOWNE PKWY
WOO
D L
AW ND
R
CLAR
ENDON DR
DEERIN G TRL
BAN F O RD
CT
AVEN RD
BLACKLAN D DR
RIV ERCLIFF DR
WILL EO RID GE CT
GR EEN OAK RD G
FARM
RD
WATERFOR D
CT
RIVER FARM R D
MILL RUN DR
DICKERSO N RD
COLUMN S D R
WA
TE R PLA NT R D
FOREST PON DDR
EAS T
BAN
KDR
A U D UBON DR
RI VERHILL RD
KARLS GATE DR
KARLS GA TE DR
COLONY DR
MUIR
FIELD DRKINGS W AY
LEH I GH D R
GAR
R ICK
WAY
B EDF
ORD
OAKSDR
S E VEN
SPRI
NGS
CIR
LEXHAMDR
HU NTERS RDG
PE NHU RS T D R
HE R
IT AGE
G LEN
DR
V
I L LA CHA SE
DR
RICH
MON
D HI
LL D
R
SHER W
OODLN
WOODBERRY CIR
FA IRGREEN DR
AUDUBOND R
R OBI
NRD
HIL LWOOD D R
SUM MIT DR
KINGS
ROW
L AK E FJ OR D PASS
RIVER CLIFF CH SE
DUNMORER D
COLONY C IR
HYDE RD
GROVEH
URST DR
D OBB SXIN G
DAVIDSON RD
F U L T O N
SandySprings
!(120
¬«947
PROJECT:Lower Roswell RoadProject No. E6020
[
DATE:December 19, 2013
Cobb CountyDepartment of Transportation
LOCATION MAP
BeginProject
k
EndProject
Notes: Commission District 2Page 74 of 81
COBB COUNTY BOARD OF COMMISSIONERS
REGULAR AGENDA COVER
REGULAR MEETING OF DECEMBER 19, 2013
ITEM NO.
Chair (County-wide)
1 To approve the Commissioner Assignments and Vice Chair for year 2014.
Page 75 of 81
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: David Hankerson, County Manager
FROM: Tim Lee, Chairman
This item has been electronically signed by:Tim Lee, Chairman
DATE: December 19, 2013
PURPOSE To approve the Commissioner Assignments and Vice Chair for year 2014.
FUNDING N/A
RECOMMENDATION
To approve the following Commissioner Assignments and Vice Chair for year 2014. Commissioner Helen Goreham - District 1 1. Public Services Agency 2. Communications Department Commissioner Bob Ott - District 2 1. Community Development Agency 2. Cobb Travel and Tourism Commissioner JoAnn Birrell - District 3 1. Water System Agency 2. Public Safety Agency Commissioner Lisa Cupid - District 4 1. Support Services Agency
Comm. Dist.
All
Agenda Item Number. 1
Page 76 of 81
Chairman Tim Lee 1. Transportation Agency 2. County Clerk's Office 3. All Elected Officials 4. Economic Development Department 5. Finance Department 6. Internal Audit Division - Audit Committee 7. Human Resources Department - Compensation Committee 8. Judicial System (All courts) 9. Cobb EMA Note: Commissioner Bob Ott is appointed to serve as vice chairman for the year 2014.
Agenda Item Number. 1
Page 77 of 81
PUBLIC COMMENT (CONCLUSION OF MEETING)
DECEMBER 19, 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.
Page 78 of 81
APPOINTMENTS
AGENDA COVER
REGULAR MEETING OF DECEMBER 19, 2013
ITEM NO.
1 To approve Board of Commissioners' appointment and reappointment to the Board of Trustees for the Cobb County Government Employees' Pension Plan.
Page 79 of 81
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: David Hankerson, County Manager
FROM: Tim Lee, Chairman
This item has been electronically signed by:Tim Lee, Chairman
DATE: December 19, 2013
PURPOSE To approve Board of Commissioners' appointment and reappointment to the Board of Trustees for the Cobb County Government Employees' Pension Plan.
BACKGROUND The re-appointment of Bill Hutson and appointment of Roger Tutterrow require Board of Commissioners' approval for these are both Board of Commissioners appointments appointed by the Board.
FUNDING N/A
RECOMMENDATION To approve the following appointment and reappointment to the Board of Trustees of the Cobb County Government Employees’ Pension Plan:
l Reappoint Bill Hutson, Post 4, for a three year term to expire December 31, 2016. l Appoint Roger Tutterow, Post 5, for a term balance which expires December 31, 2015;
this appointment replaces Gary Bottoms, who resigned effective December 31, 2013.
Comm. Dist.
All
Agenda Item Number. 1
Page 80 of 81