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February 25, 2014

TAB

SPECIAL CALLED MEETING / WORK SESSIONCALL TO ORDER -

TRANSPORTATION AGENCY .................................................................................... 1PUBLIC SERVICES AGENCY ..................................................................................... 2COMMUNITY DEVELOPMENT AGENCY ................................................................... 3BOARD OF COMMISSIONERS ................................................................................... 4COUNTY ATTORNEY .................................................................................................. 5FINANCE ...................................................................................................................... 6

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February 25, 2014

TAB

REGULAR MEETING - CALL TO ORDER - 7:00 PM

PRESENTATIONS ...................................................................................................... 7

PUBLIC HEARING

Community Development Agency ......................................................................... 8

County Attorney ........................................................................................................ 9

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

CONSENT ................................................................................................................... 11

TRANSPORTATION AGENCY ................................................................................ 12PUBLIC SERVICES AGENCY . ................................................................................. 13

PUBLIC SAFETY AGENCY ... .................................................................................... 14

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BOARD OFCOMMISSIONERS .....................................................................................

15

COUNTY ATTORNEY ................................................................................................... 16

PUBLIC COMMENT .................................................................................................... 17APPOINTMENTS ...................................................................................................... 18

COMMISSIONERS' PUBLIC ADDRESS .................................................................... 19

ADJOURN

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COBB COUNTY TRANSPORTATION AGENCY

WORK SESSION AGENDA COVER

WORK SESSION OF FEBRUARY 25, 2014

ITEMNO.

Transit

1 To provide information on possible Cobb Community Transit Route 30 servicemodifications, Flex Route Transit Service options and other potential transit serviceimprovements in the southern portion of Cobb County.

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Cobb CountyDepartment of TransportationFaye DiMassimo, Director

1890 County Services ParkwayMarietta, 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: February 25, 2014

PURPOSE

To provide information on possible Cobb Community Transit Route 30 service modifications,Flex Route Transit Service options and other potential transit service improvements in thesouthern portion of Cobb County.

BACKGROUND

Budget shortfalls during FY11 led Cobb Community Transit (CCT) to undertake cost-cuttingstrategies to maintain a balanced budget. CCT implemented strategies including a fare increase,service reductions on some routes, and Customer Service Program modifications. The servicecuts most impacted transit riders without other transportation options that rely on CCT to travelto jobs, medical appointments, school, and other activities. Transit planning services arecurrently evaluating existing Route 30 service, proposed Flex Bus transit service, the CCTService and Marketing Study (2011) recommended service plan proposed for Routes 80, 85, and55, and other strategies that benefit the traveling public, especially those impacted by theelimination of Route 35 and Route 70.

To address some of these needs, the Department proposed a Flex Route transit service pilotprogram. The proposed service would operate in Commission District 4 where the FY11 servicereductions eliminated two of CCTs lowest-performing routes. The proposed service wouldconnect riders in areas not currently served to existing CCT routes. The proposed Flex Routeservice would immediately serve residents of Austell, Powder Springs and Mableton.

On March 26, 2013, the Board of Commissioners authorized the Department to begin the publicinvolvement process to introduce the Flex Route transit service pilot program in CommissionDistrict 4. The Department has completed the public involvement process.

Comm. Dist.

All

Agenda Item Number. 1

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On August 13, 2013, the Board approved submission of an amended FY13 Section 5307 Grantapplication to the Federal Transit Administration for transit capital, planning, and operating

related projects. Funding for the Flex Route transit service pilot program was included in theapproved project list, to be appropriated pending Board approval.

Ridership has increased on Route 30, currently CCTs second-highest performing route,partially as a result of the FY11 service reductions that eliminated two routes that served nearbyareas. As a result, heavy boardings at certain stops, peak-hour roadway congestion, and otheroperational challenges have negatively impacted Route 30 on-time performance. Near-termstrategies are needed to improve Route 30 on-time performance, incorporate the CCT Serviceand Marketing Study (2011) Route 80, 85, and 55 recommendations, and implement a FlexRoute transit service pilot program to meet the latent transit service demand in southern CobbCounty.

On November 26, 2013, the Board approved a contract with Connetics Transportation Group todevelop a phased implementation plan for advancing sustainable transit options that connect toemployment and improve quality of life, serving the southern portion of Cobb County.Specifically, the consultant is evaluating existing transit service alternatives, developingrecommendations, and preparing an implementation plan for consideration by the Board.

Service modifications or improvements identified during this analysis can be implemented withexisting federal and local funding, and are anticipated to be presented to the Board for approvalin March 2014.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners consider information presented on possible Cobb CommunityTransit Route 30 service modifications, Flex Route Transit Service options and other potentialtransit service improvements in the southern portion of Cobb County.


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COBB COUNTY PUBLIC SERVICES AGENCY



ITEMNO.

Parks, Recreation, and Cultural Affairs

1 To receive a presentation from the North Georgia Fair Association.

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Cobb CountyParks, Recreation & Cultural AffairsEddie Canon, Director



FROM: Eddie Canon, Director


Eddie Canon, Director


PURPOSE

To receive a presentation from the North Georgia Fair Association.

BACKGROUND

The North Georgia Fair Association conducts the North Georgia State Fair each year at Jim R.Miller Park. The North Georgia Fair Association was the original owner of Jim R. Miller Park.This presentation will provide the Board of Commissioners insight and an update regarding theactivity and events of the North Georgia Fair Association. In addition, this presentation willprovide greater understanding of the partnership between Cobb County Parks, Recreation andCultural Affairs and the North Georgia Fair Association.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners receive a presentation from the North Georgia Fair Association.

Comm. Dist.

All


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COBB COUNTY COMMUNITY DEVELOPMENT AGENCY



ITEMNO.

Planning

1 To receive a presentation from the Community Development Agency concerning theproposal to rename roads in the Six Flags Area.

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Cobb CountyCommunity Development AgencyRob Hosack, AICP, Director

P. O. Box 649Marietta, Georgia 30061-0649(770) 528-2125 / fax: (770) 528-2126


FROM: Rob Hosack, AICP, Director


Rob Hosack, AICP, Director


PURPOSE

To receive a presentation from the Community Development Agency concerning the proposal torename roads in the Six Flags Area.

BACKGROUND

In 2013, the Community Development Agency started the process to consider road namechanges in the Six Flags Area. This process started due to requests received from residents andbusinesses in the Six Flags Area, concerns expressed about the confusion that is created due toroad name duplications in the Six Flags Area, concerns about potential confusion for emergencyresponders, and the ability to leverage current public and private investments in this area ofCobb County to start the process of rebranding the corridor.

As part of our process to involve the community is the decision making process, two public

workshops were held at the South Cobb Recreation Center. There were on January 15, 2014 at6:00 pm and on January 22, 2014 at 6:00 pm. To inform the public about these opportunitiesroad signs were places at strategic places in the Six Flags Area, information was distributed bythe Communications Department through Cobb Line, the District 4 Commissioner distributedinformation through her Weekly newsletter, and letters were distributed to property owners ofrecord with the Cobb County Tax Commissioners Office. In addition, Cobb County staff incoordination with the Austell Community Taskforce created information packets that weredistributed to the rental apartment managers on Six Flags Drive for distribution to theirresidents.

On March 17, 2014 at 9:00 am at the Mable House Arts Center, the South Cobb Redevelopment

Comm. Dist.

4


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Authority will hold a public hearing and make a recommendation to the Board ofCommissioners on the proposed road name changes. Also, it is proposed that on March 25, 2014at 7:00 pm at 100 Cherokee Street, the Board of Commissioners may hold a public hearing onthe proposed road name changes and will be afforded the opportunity to make a final decisionon the proposal at that time.

IMPACT STATEMENT

The Department of Transportation will have minor impacts on future budgets and/or existingSPLOST projects to integrate the cost of changing road name signs. The current material cost ofeach sign ranges from $40 to $125 per sign depending on the type of sign to be replaced. Also,the Parks, Recreation, and Cultural Affairs Department will be required to change the address ofthe South Cobb Recreation Center.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners receives a presentation from Community Development Agencyconcerning the proposal to rename roads in the Six Flags Area.


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COBB COUNTY BOARD OF COMMISSIONERS



ITEMNO.

Chair (County-wide)

1 To present a quarterly update of the 2011 Special Purpose Local Option SalesTax from Parks, Recreation and Cultural Affairs, Transportation, Facilities, PublicSafety, and the City of Smyrna.

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Cobb County Board of CommissionersTim Lee, Chairman

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

TO: Board of Commissioners

FROM: Tim Lee, Chairman


Tim Lee, Chairman


PURPOSE

To present a quarterly update of the 2011 Special Purpose Local Option Sales Tax from Parks,Recreation and Cultural Affairs, Transportation, Facilities, Public Safety, and the City ofSmyrna.

BACKGROUND

On March 15, 2011, the voters of Cobb County approved a Special Purpose Local Option SalesTax (SPLOST) to fund capital improvement projects throughout Cobb County and within eachof the Countys six cities. Approximately $492 million in sales tax funding will be collectedbetween January 1, 2012 and December 31, 2015, as part of the 2011 SPLOST - Parks,Transportation, and Facilities Program. The 2011 SPLOST is intended to address theimmediate capital improvement needs of Cobb County Parks and Recreation, Transportation,Facilities, and Public Safety, and the six cities within Cobb County.

Representatives from Parks, Recreation and Cultural Affairs, Transportation, Facilities, PublicSafety, and the City of Smyrna will present information on the scheduling and implementationof the 2011 SPLOST Program.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners consider information in a quarterly update of the 2011 SpecialPurpose Local Option Sales Tax from Parks, Recreation and Cultural Affairs, Transportation,Facilities, Public Safety, and the City of Smyrna.

Comm. Dist.

All


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COBB COUNTY COUNTY ATTORNEY



ITEMNO.

County Attorney

1 The Board of Commissioners to receive a presentation from the Legal Departmentdiscussing the Countys practices regarding compliance with State immigrationrequirements, to update the Board regarding the Best Practices in ImmigrationCommittee and to provide recommendations regarding for the County concerningimmigration compliance issues.

2 To update the Board of Commissioners regarding relevant changes in the lawsapplicable to the permitting of cell towers by local governments.

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Cobb CountyCounty Attorney's OfficeDeborah Dance, County Attorney



FROM: Deborah Dance, County Attorney


Deborah Dance, County AttorneyJoseph B. Atkins, Deputy County Attorney


PURPOSE

To update the Board of Commissioners regarding relevant changes in the laws applicable to thepermitting of cell towers by local governments.

BACKGROUND

There have been several recent changes at both the state and federal levels to the laws governingthe powers of local governments with respect to their ability to issue permits controlling thelocation of cell towers. The Chairman directed the County Attorneys Office to update theBoard of Commissioners on these changes at a work session.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners allow a presentation regarding relevant changes in the lawsapplicable to the permitting of cell towers by local governments.

Comm. Dist.


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COBB COUNTY FINANCE



ITEMNO.

Finance

1 To present information regarding the annual operations of the Cobblestone GolfCourse.

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Cobb County Finance DepartmentJim Pehrson, CPA, Director/Comptroller

100 Cherokee Street, Suite 400 450Marietta, Georgia 30090-9610(770) 528-1503 / fax: (770) 528-1501


FROM: James Pehrson, CPA, Director/Comptroller


James Pehrson, CPA, Director/Comptroller


PURPOSE

To present information regarding the annual operations of the Cobblestone Golf Course.

BACKGROUND

At the February 14, 2012 BOC meeting, the Board of Commissioners approved a business planspecific to the operations of the Cobblestone Golf Course. This plan included:

1. The retirement of the outstanding revenue bonds,2. Purchase of Golf Carts to replace the existing fleet,3. The setting aside of annual reserves of 5% of prior year gross revenue for the purpose of

capital replacements, and4. An annual presentation by the Finance Director or his designee of the amounts to be paid

back to the General Fund to reduce the outstanding loan.

In addition, at the April 24, 2012 meeting the Board of Commissioners approved to amend thecontract with Affiniti Golf Partners, Inc. (AGP) to extend for an additional 10 years. A part ofthis agreement requires an annual presentation by AGP during the Term of this Agreement tothe Board of Commissioners of Owner regarding the operations and management of the GolfCourse by AGP for the prior Operating Year, including financial statements setting forth anitemized accounting of all budgeted funds expended by AGP for such operations during theprevious Operating Year.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners consider the information presented, regarding the annualoperations of the Cobblestone Golf Course.

Comm. Dist.

All


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PRESENTATIONS

AGENDA COVER

REGULAR MEETING OF FEBRUARY 25, 2014

ITEMNO.

1 To present a proclamation to the Cobb County NAACP Chapter.

2 To present Certificates of Appreciation to Clear Channel Outdoor, Spratlin Media,Precinct 2, Precinct 5, Quality of Life Unit and Captain Jeff Adcock.

3 To recognize Eagle Scouts James Rogers Davis, David Callaway Lawrence, andQuentin M. Moore.

4 To present a Certificate of Recognition to William Hays, Chase Bradt, and KirinBettadapur, Boy Scout Troop 1776 in recognition of earning the rank of Eagle Scout.

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Cobb County Board of CommissionersLisa Cupid, Commissioner, District 4



FROM: Lisa Cupid, Commissioner


Lisa Cupid, Commissioner, District 4


PURPOSE

To present a proclamation to the Cobb County NAACP Chapter.

BACKGROUND

The NAACP was formed in 1909 in New York City by a group of black andwhite citizens committed to helping to right social injustices. On February12, over the signatures of 60 persons, the "Call" was issued for a meeting onthe concept of creating an organization that would be an aggressivewatchdog of Negro liberties. This event marked the founding of the NAACP.The New York Evening Post backed the organization.

FOUNDERS

Mary White Ovington, Dr. Henry Moscowitz, Oswald Garrison Villiard,

William English Walling, Ida Wells-Barnett and W.E.B. DuBois led the"Call" to renew the struggle for civil and political liberty.

STRUCTURE

The NAACP is a network of more than 2,200 branches covering all 50 states,the District of Columbia, Japan and Germany. They are divided into sevenregions and are managed and governed by a National Board of Directors.The NAACP is headquartered in Baltimore, Maryland. Total membershipexceeds 500,000. LEADERSHIP: Kweisi Mfume is the President and ChiefExecutive Officer and the official spokesperson for the NAACP. TheChairman of the Board is Mr. Julian Bond.

Comm. Dist.

4


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FUNDING

N/A

RECOMMENDATION

The Board of Commissioners present a proclamation to the Cobb County NAACP honoring allof their efforts within the communities of Cobb County.


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Cobb County Board of CommissionersLisa Cupid, Commissioner, District 4



FROM: Lisa Cupid, Commissioner


Lisa Cupid, Commissioner, District 4


PURPOSE

To present Certificates of Appreciation to Clear Channel Outdoor, Spratlin Media, Precinct 2,Precinct 5, Quality of Life Unit and Captain Jeff Adcock.

BACKGROUND

On July 12, 2013, Officer D. Rogers was shot in the chest about 1:15 a.m. at Concord ChaseApartments located at 300 Hurt Road. Officer Rogers was protected by a bullet-proof vest andwas able to recover at home.

A reward was offered for information leading to the capture of the shooter but the shooterremained at large for a few months. Spratlin Media and Clear Channel Outdoor donated thespace and the materials to advertise the reward for information leading to the capture of OfficerRogers shooter and within weeks a suspect was captured.

In the attempt to capture the suspect, the Quality of Life Unit, Precinct 2 and Precinct 5 not onlyaddressed the ongoing issues within Concord Chase Apartments that created and unsafe and

unwelcome environment, but, they have also addressed similar issues in the Six Flags Drivecommunities. As a result of their efforts, the residents that are under Precincts 2 and 5 oftenwrite in or call Commissioner Cupid's office to express gratitude for their efforts.

RECOMMENDATION

The Board of Commissioners present Certificates of Appreciation to Clear Channel Outdoor,Spratlin Media, Precinct 2, Precinct 5, Quality of Life Unit and Captain Jeff Adcock for theirefforts in District 4.

Comm. Dist.

4


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Cobb County Board of CommissionersBob Ott, Commissioner, District 2



FROM: Bob Ott, Commissioner


Bob Ott, Commissioner, District 2


PURPOSE

To recognize Eagle Scouts James Rogers Davis, David Callaway Lawrence, and Quentin M.Moore.

BACKGROUND

James Rogers, David Lawrence, and Quentin Moore of Troop 22 have completed theircommunity projects and earned Eagle Scout status.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners recognize James Davis, David Lawrence and Quentin Moore fortheir achievements.

Comm. Dist.

2


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Cobb County Board of CommissionersTim Lee, Chairman



FROM: Tim Lee, Chairman


Tim Lee, Chairman


PURPOSE

To present a Certificate of Recognition to William Hays, Chase Bradt, and Kirin Bettadapur,Boy Scout Troop 1776 in recognition of earning the rank of Eagle Scout.

BACKGROUND

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

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners present a Certificate of Recognition to William Hays, ChaseBradt, and Kirin Bettadapur, in Boy Scout Troop 1776, in recognition of earning the rank ofEagle Scout, the highest honor given by the Boy Scouts of America.

Comm. Dist.


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COBB COUNTY COMMUNITY DEVELOPMENT AGENCY

PUBLIC HEARING AGENDA COVER


ITEMNO.

Administration

1 To conduct the second public hearing to solicit comments and input on proposedamendments of Chapters 1, 2, 6, 22, 34, 54, 78, 102, 106, 122 and 134 of the OfficialCode of Cobb County, Georgia and to consider adopting the proposed amendments.

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PURPOSE

To conduct the second public hearing to solicit comments and input on proposed amendments ofChapters 1, 2, 6, 22, 34, 54, 78, 102, 106, 122 and 134 of the Official Code of Cobb County,Georgia and to consider adopting the proposed amendments.

BACKGROUND

At various times throughout the year, the Board of Commissioners has directed the CommunityDevelopment staff to prepare amendments to the Official Code of Cobb County in order toaddress concerns identified during the course of routine community development activities.Staff has further been directed to bring these amendments forward in a timely fashion.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners conduct the second public hearing to solicit comments and inputon the amendment of Chapters 1, 2, 6, 22, 34, 54, 78, 102, 106, 122 and 134 of the OfficialCode of Cobb County, Georgia and consider adopting the Resolutions and the proposedamendments.

ATTACHMENT

Proposed amendments have been provided under separate cover.

Comm. Dist.

All


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COBB COUNTY COUNTY ATTORNEY

PUBLIC HEARING AGENDA COVER


ITEMNO.

County Attorney

1 To conduct the second public hearing to solicit comments and input on the proposedRental Motor Vehicle Excise Tax Ordinance and to consider approval and adoption ofsuch ordinance by amending Chapter 114 of the Official Code of Cobb County,Georgia to include the same as Article IV.

2 To conduct the second public hearing to solicit comments and input on the proposedResolution and proposed Ordinance, Article V, Cumberland Special Services DistrictNo. I creating the Cumberland Special Services District No. I for the provision of localgovernment services and facilities therein and to consider approval and adoption of thesaid Resolution and Ordinance by amending Chapter 114 of the Official Code of CobbCounty, Georgia to include the same as Article V thereof.

3 To conduct the second public hearing to solicit comments and input on the proposedResolution and proposed Ordinance, Article VI, Cumberland Special Services DistrictNo. II creating the Cumberland Special Services District No. II for the provision oflocal government services and facilities therein and to consider approval and adoptionof the said Resolution and Ordinance by amending Chapter 114 of the Official Code ofCobb County, Georgia to include the same as Article VI thereof.

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Deborah Dance, County Attorney


PURPOSE

To conduct the second public hearing to solicit comments and input on the proposed RentalMotor Vehicle Excise Tax Ordinance and to consider approval and adoption of such ordinanceby amending Chapter 114 of the Official Code of Cobb County, Georgia to include the same asArticle IV.

BACKGROUND

The Board of Commissioners has proposed a Rental Motor Vehicle Excise Tax Ordinance to becodified as Article IV of Chapter 114 of the Official Code of Cobb County, Georgia. Theproposed ordinance will authorize the assessment and collection of a 3% tax on monthly rentalmotor vehicle charges to fund the delivery and enhancement of certain specified localgovernment services within the special district created by the proposed ordinance.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners conduct the second public hearing to solicit comments and inputon the proposed Rental Motor Vehicle Excise Tax Ordinance and consider approval andadoption of such ordinance by amending Chapter 114 of the Official Code of Cobb County,Georgia to include the same as Article IV.

ATTACHMENTSProposed ordinance has been provided under separate cover.

Comm. Dist.

All


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PURPOSE

To conduct the second public hearing to solicit comments and input on the proposed Resolutionand proposed Ordinance, Article V, Cumberland Special Services District No. I creating theCumberland Special Services District No. I for the provision of local government services andfacilities therein and to consider approval and adoption of the said Resolution and Ordinance byamending Chapter 114 of the Official Code of Cobb County, Georgia to include the same asArticle V thereof.

BACKGROUND

The Board of Commissioners has proposed the creation of a special district, the CumberlandSpecial Services District No. I, for the provision within the district of local government servicesand facilities related thereto. The Board of Commissioners also proposes to assess and collect afee to fund, wholly or partially, such services and the attendant facilities. To create the proposeddistrict and to authorize the assessment and collection of the aforementioned fee, the Board ofCommissioners will consider the approval and adoption of the Resolution Creating theCumberland Special Services District No. I for such purposes, and also will consider the

approval and adoption of an ordinance to amend Chapter 114 of the Official Code of CobbCounty, Georgia by codifying the said Resolution as Article V, Cumberland Special ServicesDistrict No. I, of Chapter 114.

RECOMMENDATION

The Board of Commissioners conducts the second public hearing to solicit comments and inputon the proposed Resolution and proposed Ordinance, Article V, Cumberland Special ServicesDistrict No. I creating the Cumberland Special Services District No. I for the provision of localgovernment services and facilities therein and to consider approval and adoption of the said

Comm. Dist.


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Resolution and Ordinance by amending Chapter 114 of the Official Code of Cobb County,Georgia to include the same as Article V thereof.

ATTACHMENT

Proposed Resolution and Ordinance have been provided under separate cover.

Resolution Exhibit A, District I Map, submitted under separate cover.


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PURPOSE

To conduct the second public hearing to solicit comments and input on the proposed Resolutionand proposed Ordinance, Article VI, Cumberland Special Services District No. II creating theCumberland Special Services District No. II for the provision of local government services andfacilities therein and to consider approval and adoption of the said Resolution and Ordinance byamending Chapter 114 of the Official Code of Cobb County, Georgia to include the same asArticle VI thereof.

BACKGROUND

The Board of Commissioners has proposed the creation of a second special district, theCumberland Special Services District No. II, for the provision within the district of localgovernment services and facilities related thereto. The Board of Commissioners proposes tolevy and assess a three mil ad valorem tax on property within the district subject to ad valoremtaxation to fund, wholly or partially, such services and the attendant facilities. To create theproposed district and to authorize the levy and collection of the aforementioned three mil tax,the Board of Commissioners will consider the approval and adoption of the Resolution Creating

the Cumberland Special Services District No. II for such purposes and also will consider theapproval and adoption of an ordinance to amend Chapter 114 of the Official Code of CobbCounty, Georgia by codifying the said Resolution as Article VI, Cumberland Special ServicesDistrict No. II, of Chapter 114.

FUNDING

N/A

RECOMMENDATION

Comm. Dist.

All


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The Board of Commissioners conducts the second public hearing to solicit comments and inputon the proposed Resolution and proposed Ordinance, Article VI, Cumberland Special ServicesDistrict No. II creating the Cumberland Special Services District No. II for the provision oflocal government services and facilities therein and to consider approval and adoption of thesaid Resolution and Ordinance by amending Chapter 114 of the Official Code of Cobb County,Georgia to include the same as Article VI thereof.

ATTACHMENTS

Proposed Resolution and Ordinance have been provided under separate cover.

Resolution Exhibit A, District II Map, submitted under separate cover.


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PUBLIC COMMENT(BEGINNING OF MEETING)

FEBRUARY 25, 2014Those persons wishing to address the Board of Commissioners will please sign up on the "PublicComment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a tablenear the front of the room (under the overhead screen).

Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Pleasenote 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 willplease come forward to make their remarks from the podium. Each speaker will be allotted amaximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct theircomments toward the Chairman only.

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

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CONSENT AGENDA


ITEMNO.

TRANSPORTATION AGENCY

Administration

1 To determine that circumstances are such that it is necessary to proceed withcondemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq.,on four parcels on Floyd Road, Project No. E6010.

Engineering

2 To approve a Local Administered Project Re-Certification Application with theGeorgia Department of Transportation.

Transit

3 To authorize the Chairman and the County Attorney, or their designee(s), to executeFederal Transit Administration Annual Certifications and Assurances required forCobb Community Transit to receive federal financial assistance during Federal FY14.

4 To adopt a resolution authorizing the submission of an amended FY12 Section 5307Grant application (Grant No. GA-95-X025) to the Federal Transit Administration fortransit capital and operating related projects.

SUPPORT SERVICES AGENCY

Information Services

5 To approve an upgrade to the countywide Email System.

Property Management

6 To approve an Amendment to the Bank of America, N.A. ATM Lease at West ParkGovernment Center.

7 To authorize a facility be built-out at Powder Springs Station for use by the GeorgiaDepartment of Veterans Service, and authorize the negotiation of a lease with the StateProperties Commission on behalf of the Department of Veterans Service for thatfacility.

PUBLIC SAFETY AGENCY

Fire & Emergency Services

8 To authorize the clarification and adjustment of plan review and inspection fees for theFire Marshals Office.

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COMMUNITY DEVELOPMENT AGENCY

Administration

9 To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, asummary of the appeal hearing conducted by the License Review Board for Bake ItHappen, LLC, doing business as, Baked, 1111 Johnson Ferry Rd., Suite 150, Marietta,

GA 30068, Scott Bianculli, licensee.

Planning

10 To adopt the 2030 Comprehensive Plan per amendments approved on July 23, 2013and January 21, 2014, approve the transmittal resolution, and authorize its submittalto the Atlanta Regional Commission.

ECONOMIC DEVELOPMENT

Economic Development CDBG

11 To authorize the acceptance of Fiscal Year 2014 funds from the Emergency Food andShelter National Board Program provided by the Federal Emergency ManagementAgency and authorize the allocation of these funds for program administration.

FINANCE

12 To adopt a resolution adopting all budget amendments set forth in agenda items on thisdate.

CLERK OF SUPERIOR COURT

13 To authorize the reclassification of Judicial Adminstrative Technician II, Grade 42 to aJudicial Adminstrative Technician III, Grade 45

DISTRICT ATTORNEY

14 To authorize the District Attorney to make application to the Prosecuting Attorney'sCouncil of Georgia for grant funds for the Victim Witness Unit.

COUNTY CLERK

15 To approve the minutes of the following meetings:

February 10, 2014 - Special Called Meeting/Agenda Work SessionFebruary 11, 2014 - Regular Meeting of the BoardFebruary 18, 2014 - BOC Zoning Hearing (provided under separate cover)

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

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PURPOSE

To determine that circumstances are such that it is necessary to proceed with condemnationproceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on four parcels on FloydRoad, Project No. E6010.

BACKGROUND

Floyd Road is an approved roadway safety and operational improvements project in the 2011SPLOST Transportation Improvements Program (TIP).

The project scope includes intersection improvements, construction of a raised median, and aneight-foot wide multi-use trail along the west side of Floyd Road, from Veterans MemorialHighway to Fontaine Road. A ten-foot wide multi-use trail will be constructed from FontaineRoad to Clay Road. A separate pedestrian bridge will be constructed to the west of the existingbridge on Floyd Road over the railroad. The project limits extend from Veterans MemorialHighway to Clay Road, for a project length of 0.61 miles.

Additional rights-of-way and easements are needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget.

Negotiations with the property owners are ongoing; however, in order to ensure projectdeadlines are met, the Department is requesting condemnation approval by the Board ofCommissioners in the event negotiations are unsuccessful, and the Land Acquisition ReviewCommittee, consisting of the Departments Development Services, Right-of-Way andConstruction staff, and the Countys Legal personnel, recommends condemnation actions befiled.

Comm. Dist.

4


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Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A.

32-3-4, the County is authorized to acquire real property interests by the Declaration of Takingmethod. It is appropriate for the County to use this method for reasons including, but notlimited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners determine that circumstances are such that it is necessary toproceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, etseq.; authorize the commencement of condemnation proceedings on four parcels on Floyd Road,Project No. E6010; adopt a Resolution and Order in form substantially similar to the attached;and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS

Location Map

Resolution and Attachments 1 for Parcels 5, 8, 10, and 11


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PURPOSE

To approve a Local Administered Project Re-Certification Application with the GeorgiaDepartment of Transportation.

BACKGROUND

The Georgia Department of Transportation, in coordination with the Federal HighwayAdministration, developed and approved implementation of a Local Administered ProjectsManual which details the procedures and steps necessary for local governments to administerFederal Aid projects by applying the policies and objectives of Federal and State Laws. Thepurpose of the manual is to establish uniform practices for authorizing a Local Public Agency(LPA) to manage certain activities for projects funded through Federal Aid.

On January 26, 2010, the Board of Commissioners approved a Certification AcceptanceQualification Agreement with the Georgia Department of Transportation (GDOT) regardingcompliance with policies and procedures set forth in the 2009 GDOT Local Administered

Project ManualV1.0.08. Subsequently, GDOT certified the Department on April 2, 2010.

GDOT, in collaboration with the Federal Highway Administration, has now developed a 1-yearLocal Administered Project (LAP) Re-Certification Process to ensure that a previously certifiedLPA can continue to manage, administer and execute the policies and procedures for Federal andState compliance in order to receive federal funding.

The Department has reviewed the Re-Certification Application and will complete the trainingrequirements as specified in the application. The LAP Re-Certification will be valid untilDecember 31, 2014.

Comm. Dist.

All


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FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve a Local Administered Project (LAP) Re-CertificationApplication with the Georgia Department of Transportation (GDOT); and authorize theChairman to execute the necessary documents.

ATTACHMENTS

GDOT LAP Re-Certification Application


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PURPOSE

To authorize the Chairman and the County Attorney, or their designee(s), to execute FederalTransit Administration Annual Certifications and Assurances required for Cobb CommunityTransit to receive federal financial assistance during Federal FY14.

BACKGROUND

The Federal Transit Administration (FTA) has consolidated into one document various federalcertifications and assurances that may be required as a condition of receiving federal financialassistance. This document is updated annually and published in the Federal Register on or afterOctober 1st of each year, along with annual notification of federal transportation fundingallocations made available under the most recent U. S. Department of TransportationAppropriations Act.

The Annual Certifications and Assurances for Federal FY14 apply to all projects for whichCobb County will seek FTA funding between October 1, 2013 and September 30, 2014.Execution of the FTA Annual Certifications and Assurances document is required to show Cobb

Countys intent to comply with all federal requirements applicable to the program or projects forwhich it will submit grant applications in the current year.

Subsequently, each FY14 grant application or subgrant agreement funded by the FTA will besubmitted to the Board of Commissioners for approval. A detailed project description andbudget, outlining all applicable federal, state, and local funding sources to be used for theproject, will accompany each grant or subgrant application.

FUNDING

Comm. Dist.

All


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N/A

RECOMMENDATION

The Board of Commissioners authorize the Chairman and the County Attorney, or theirdesignee(s), to execute Federal Transit Administration (FTA) Annual Certifications andAssurances required for Cobb Community Transit (CCT) to receive federal financial assistanceduring Federal FY14.

ATTACHMENTS

FTA FY14 Certifications and Assurances Signature Page

FTA FY14 Certifications and Assurances for FTA Assistance Programs


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PURPOSE

To adopt a resolution authorizing the submission of an amended FY12 Section 5307 Grantapplication (Grant No. GA-95-X025) to the Federal Transit Administration for transit capitaland operating related projects.

BACKGROUND

On April 24, 2012, the Board of Commissioners authorized the submission of a FY12 Section5307 Grant application to the Federal Transit Administration (FTA), in the amount of$1,583,334.00, for transit planning projects.

On May 22, 2012, the Board authorized the submission of an amended FTA FY12 Section5307 Grant application in the amount of $8,500,000.00. The total revised amount of the grantwas $10,083,334.00.

During the development of the Regional Transportation Plan 2040, the Atlanta Regional

Commission (ARC) included federal funding for transit capital and preventive maintenanceprograms. Cobb County was recently notified that it had been awarded additional funding toassist with transit capital and operating related projects.

The source of federal funding is the FY13 Federal Highway Administration (FHWA) SurfaceTransportation Program (STP-Urban M230), which is made available to the ARC for projectseligible for this category of funding. Acceptance of these funds will require a transfer from theFHWA to the FTA Section 5307 program for administration of the grant funds. The projects,which are programmed in the Regional Transportation Improvement Program, as amended, areidentified collectively as Project No. AR-046-CO-437, State P.I. No. 0013054.

Comm. Dist.

All


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This FTA FY12 Section 5307 Grant application amendment totals $6,250,000.00, whichincludes 80 percent federal funding in the amount of $5,000,000.00. A 20 percent local match of$1,250,000.00 is required. To obtain these funds, the Board must adopt a Resolution authorizingthe submission of an amended grant application to the FTA. Funding for the $1,250,000.00 local

match requirement is available in the approved FY14 Transit Operating and Capital ProjectsFund budgets.

Once amended, FTA FY12 Section 5307 Grant No. GA-95-X025 will total $16,333,334.00,which includes the original approved amount of $1,583,334.00, the first amendment in theamount of $8,500,000.00, and the second amendment in the amount of $6,250,000.00.

IMPACT STATEMENT

The amended FTA FY12 Section 5307 Grant will provide additional funding in the total amountof $6,250,000.00, which includes $5,250,000.00 for capital projects, $500,000.00 for Americanswith Disabilities Act (ADA) paratransit operations, and $500,000.00 for preventivemaintenance. Acceptance of this funding will result in a savings of $800,000.00 to the TransitOperating Fund by reducing the General Fund contribution currently budgeted for ADAparatransit operations and preventive maintenance. These currently budgeted contribution fundswill be reallocated to the Transit Capital Fund for use as local match on this FTA amended grantapplication.

Local matching funds for ADA paratransit operations and preventive maintenance, in theamount of $200,000.00, are available in the Transit Divisions FY14 approved Operatingbudget. The remaining General Fund contribution savings from the Transit Operating Fund, inthe amount of $800,000.00, will be transferred to the Transit Capital Fund to be used as local

matching funds required for the requested capital projects. No new County funds will berequired for this grant application.

FUNDING

Local funding is available in the Transit Division's FY14 approved Operating Budget asfollows:

200-050-4802-4960 (General Fund Contribution) $1,000,000.00

200-050-4802-6327 (Operator Service Fee-Transit) $1,000,000.00


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Appropriate receipt of additional revenue from FTA FY12 Section 5307 Grant Funds andreallocate the reduced General Fund contribution required for the FY14 Transit Operating Fund

to the FY14 Transit Capital Fund as follows:

Local funding is available in the FY14 Transit Capital Fund with the following interfundtransfer from the Capital Projects Fund:

Appropriate receipt of additional revenue from FTA FY12 Section 5307 Grant Funds to theFY14 Transit Capital Fund as follows:

Increase Revenue Appropriation:200-050-4802-4442(FTA 5307 Operating)

$800,000.00

Decrease Revenue Appropriation:200-050-4802-4960(General Fund Contribution)

$800,000.00

Increase Revenue Appropriation: 202-050-4831-4960 $150,000.00

202-050-4851-4960 $650,000.00

Increase Expenditure Appropriation: 202-050-4831-8005 $150,000.00

202-050-4851-8005 $650,000.00

Transfer from:

380-050-4564-4960/8005 (InterfundTransfer/Local Match - CapitalProjects)

$250,000.00

Transfer to:202-050-4851-4960/8005 (InterfundTransfer/Fixed Route Buses)

$250,000.00

Increase Revenue Appropriation:202-050-4831-4439(FTA 5307-Capital)

$ 600,000.00

202-050-4851-4439(FTA 5307-Capital)

$3,600,000.00

Increase Expenditure Appropriation: 202-050-4831-8005 $ 600,000.00

202-050-4851-8005 $3,600.000.00


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RECOMMENDATION

The Board of Commissioners adopt a resolution authorizing the submission of an amendedFY12 Section 5307 Grant application (Grant No. GA-95-X025) to the Federal TransitAdministration, in the amount of $6,250,000.00, for transit capital and operating relatedprojects; authorize the corresponding budget transactions; and further authorize the Chairman orhis designee to execute the necessary documents.

ATTACHMENTS

Resolution

FY12 FTA 5307 Grant Application Project List


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RESOLUTION

Resolution authorizing the filing of applications with the Federal Transit Administration, an

operating administration of the United States Department of Transportation, for Federal

transportation assistance authorized by 49 U.S.C. chapter 53, title 23 United States Code and

other Federal statutes administered by the Federal Transit Administration.

WHEREAS, the Federal Transit Administrator has been delegated authority to award Federal

financial assistance for a transportation project;

WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose

certain obligations upon Cobb County, and may require Cobb County to provide the local shareof the project cost;

WHEREAS, Cobb County has provided or will provide all annual certifications and assurancesto the Federal Transit Administration required for the project;

NOW, THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissionersauthorize the filing of a grant by Cobb County with the Federal Transit Administration,

Department of Transportation, United States of America in an amount not to exceed

$6,250,000.00;

1. That the Chairman of the Cobb County Board of Commissioners or his designee is

authorized to execute and file an application for Federal assistance on behalf of Cobb

County with the Federal Transit Administration for Federal assistance authorized by 49U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a

project administered by the Federal Transit Administration.


authorized to execute and file with its application the annual certifications and assurances

and other documents the Federal Transit Administration requires before awarding a

Federal assistance grant or cooperative agreement.


authorized to execute grant and cooperative agreements with the Federal TransitAdministration on behalf of Cobb County.

CERTIFICATION

The undersigned duly qualified Chairman of the Cobb County Board of Commissioners, actingon behalf of the Cobb County Board of Commissioners, certifies that the foregoing is a true and

correct copy of a resolution adopted at a legally convened meeting of the Cobb County Board ofCommissioners held on February 25, 2014.

This _____ day of , 2014

________________________

Timothy D. Lee, Chairman

Cobb County Board of Commissioners

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FY12 FTA 5307 GRANT APPLICATION PROJECT LIST

Capital Projects Project Cost

Pedestrian Access Walkway 750,000.00$

Fixed Route Buses 4,500,000.00$

Subtotal - Capital Projects $5,250,000.00

Operating Projects Project Cost

Paratransit Operations 500,000.00$

Preventive Maintenance 500,000.00$

Subtotal - Operating Projects 1,000,000.00$

Total Grant $6,250,000.00

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Cobb County Information ServicesJames A. Decker, Acting Director



FROM: James A. Decker, Acting DirectorWillie A. Hopkins, Jr., Director of Support Services


James A. Decker, Acting DirectorWillie A. Hopkins, Jr., Director of Support Services


PURPOSE

To approve an upgrade to the countywide Email System.

BACKGROUND

Cobb Countys Email System has been in place since 2003. The system runs on MicrosoftExchange 2003. Each product that Microsoft releases has a lifecycle that determines how longthey will maintain and support the product. The planned end-of-life for Exchange 2003 isimminent. After the softwares end-of-life, security updates and bug fixes from Microsoft willno longer be available to customers.

Currently, if we experience a problem that cannot be resolved by County staff, we engageMicrosoft services on a Time and Materials basis. In order to keep the Email Systemfunctioning, we have progressed from a periodic maintenance schedule of quarterly to a weeklyschedule. The average age of our email servers exceeds the best practices recommendation for a

production servers age. Storage for the email system is full, and we are unable to expandcapacity because parts for the Email storage device are no longer produced. On a daily basis wereceive on average of 57,000 incoming emails and send 17,000 outgoing emails. Approximately42% of incoming emails are classified as spam or contain viruses. This daily volume of emailexceeds the original planned capacity of the email system.

The Department recommends upgrading our Email System from Microsoft Exchange 2003 toMicrosoft Exchange 2010. This upgrade will allow the County to utilize its new virtual serverenvironment and enterprise storage infrastructure for email. Exchange 2010 will providefunctionality we presently do not have such as Journaling and e-Discovery, more efficientstorage of emails, and better integration with our enterprise and departmental line of businessapplications.

Comm. Dist.

All


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The estimated cost for upgrading to Exchange 2010 is $67,000.00. This includes hardware,software, and professional services to implement the upgrade.

FUNDING

Funding is available with a transfer from the General Funds Undesignated Contingency to the

Capital Projects Fund as follows:

Transfer from: 010-015-0145-8820 (GF Undesignated Contingency) $67,000.00

Tranfer to: 380-035-4482-8005 (Technology Infrastructure) $67,000.00

RECOMMENDATION

The Board of Commissioners approve an upgrade to the countywide Email System, at a cost notto exceed $67,000.00, and authorize the corresponding budget transactions.


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Cobb CountyProperty Management DepartmentJohn A. Reida, Director

1150 Powder Springs StreetSuite 200Marietta, Georgia 30064

(770) 528-2100 / fax: (770) 528-2148


FROM: John A. Reida, Director of Property ManagementWillie A. Hopkins, Jr., Director of Support Services


John A. Reida, DirectorWillie A. Hopkins, Jr., Director of Support Services


PURPOSE

To approve an Amendment to the Bank of America, N.A. ATM Lease at West ParkGovernment Center.

BACKGROUND

Bank of America has leased the space for an ATM machine at the West Park GovernmentCenter located at 748 Whitlock Avenue from Cobb County since 2004. The current leaseexpired on June 30, 2013, and has continued on a month-to-month basis since then. Both partiesdesire to extend the Lease on the same terms and conditions with the following exceptions; thenew term will be for three years, beginning July 1, 2013, with two additional automaticextensions of one year each unless the County provides at least 90 days prior notice to Bank ofAmerica of its intent not to renew; the annual rental will increase from $1,200.00 to $1,300.00per month for the three year term, and increase to $1,400.00 per month for the remaining two

extended terms.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve an Amendment to the Bank of America, N.A. ATMLease for an ATM machine at West Park Government Center located at 748 Whitlock Avenue,

Comm. Dist.

All


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for a three year extension term at $1,300.00 per month with two one year renewal terms at$1,400.00 per month; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS

Amendment to Lease - Bank of America ATM


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AMENDMENT TO LEASE

THIS AMENDMENT TO LEASE, by and between Cobb County, a political subdivision of the State of Georgia,successor in interest of K&G #203, LLC, successor in interest of Hollene Darby as Receiver for Westpark Plaza,Ltd., and successor in interest of Westpark Plaza, Ltd., doing business as Westpark Plaza Shopping Center,(Landlord), and Bank of America, N.A., a national banking association, successor by merger of NationsBank,N.A., successor in interest of Bank South, successor in interest of Barnett Bank of Atlanta, and successor in

interest of First National Bank of Cobb County, (Tenant) related to the Lease Agreement dated June 12, 1980for ATM Number WGAN2103.

Recital:

A. On June 12, 1980, Landlord and Tenant entered into that certain Lease Agreement as amended by thosecertain Lease Modification and Extensions dated October 3, 1985, September 5, 1990, September 25,1991, September 1, 1992, September 19, 1995, that certain Extension of Lease dated June 2, 1998, thatcertain Amendment to Lease Agreements dated December 18, 2001, and October 1, 2002, and that certainAmendment to Lease Agreements dated November 29, 2004, and July 25, 2008, for the Lease of thePremises (as more particularly defined in the Lease) being located in Westpark Shopping Center, 748

Whitlock Avenue, Marietta, Cobb County, Georgia 30060 (the Lease).

IN CONSIDERATION, of the mutual covenants contained herein, the sum of Ten dollars ($10.00) and other goodand valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereby agreeas follows:

1. Landlord and Tenant confirm and warrant that said Lease did expire by its express terms on June 30,2013. Notwithstanding the foregoing, both parties further acknowledge, affirm and agree that said Leaseremained unmodified and in full force and effect on a month-to-month basis thereafter.

2. The Lease is hereby amended to provide that the term of the Lease is extended for a period of three (3)years commencing July 1, 2013, and ending June 30, 2016, (hereinafter referred to as the ExtensionTerm). Thereafter, provided Tenant is not then in default of the Lease, the term of the Lease shallautomatically renew for two (2) successive one (1) year periods (Renewal Terms), unless terminated byLandlord upon written notice to Tenant at least ninety (90) days prior to the expiration of the ExtensionTerm or a Renewal Term.

3. The Basic Monthly Rent for the Extension Term and the Renewal Terms is hereby amended as follows:Extension/Renewal Term(s) Monthly Rent

PaymentAnnualized Rent Payment

Extension Term $1,300.00 $15,600.00

First Renewal Term $1,400.00 $16,800.00

Second Renewal Term $1,400.00 $16,800.00

4. Notices to the Tenant and Landlord shall be addressed as follows:If to Tenant:

U.S. MailBank of America, N.A.Mail Code: NV1-185-01-01P.O. Box 98574

National, Overnight CourierService:Bank of America, N.A.Mail Code: NV1-185-01-01

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Las Vegas, Nevada 89193-8574Attn: ATM Contract Administration

10 E. Horizon Ridge PkwyHenderson, Nevada 89015Attn: ATM ContractAdministration

If to Landlord:

U.S. MailProperty Management DirectorCobb County Property Management DepartmentP.O. Box 649Marietta, Georgia 30061-0649

5. Each party hereto represents that it has not deal with any real estate broker or agent in connection with thenegotiation of this Amendment. Each party shall hold the other harmless from all damages resulting fromany claims that may be asserted against the other party by any broker, finder, or other person or entitywith whom the indemnifying party had dealt.

6. The parties hereto and the persons signing this Amendment on behalf of said parties represent and warrantto the other party that they have the full right and authority to execute and perform its obligations underthe Lease as modified by this Amendment and that such persons are duly authorized to execute thisAmendment on behalf of said party without further consent or approval by anyone. Each party shalldeliver to the other party promptly upon request all documents reasonably requested by the party toevidence such authority. This Amendment is the entire agreement of the parties regarding modificationsof the Lease provided herein, supersedes all prior agreement and understandings regarding such subjectmatter, may be modified only by a writing executed by the party against who the modification is sought tobe enforced, and shall bind and benefit the parties and their respective heirs, legal representatives,successor and assigns. Except as previously amended and as hereby amended, the Lease remainsunmodified and is ratified, confirmed, and approved in all respects.

EXECUTED AND DATED as of __________________________, 2014.

Tenant: Landlord:

Bank of America, N.A., Cobb County, Georgia, a politicala national banking association subdivision of the State of Georgia

By:____________________________ By:__________________________Erica Karger Timothy D. Lee, Chairman,Assistant Vice President Board of Commissioners

By_________________________________ Attest:_______________________County Clerk

Title:_______________________

Date:________________________

Date:_____________________

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Cobb CountyProperty Management DepartmentJohn A. Reida, Director

1150 Powder Springs StreetSuite 200Marietta, Georgia 30064

(770) 528-2100 / fax: (770) 528-2148


FROM: John A. Reida, Property Management DirectorWillie A. Hopkins, Jr., Director of Support Services


John A. Reida, DirectorWillie A. Hopkins, Jr., Director of Support Services


PURPOSE

To authorize a facility be built-out at Powder Springs Station for use by the Georgia Departmentof Veterans Service, and authorize the negotiation of a lease with the State PropertiesCommission on behalf of the Department of Veterans Service for that facility.

BACKGROUND

The Georgia Department of Veterans Service has requested the build-out and lease of 1150square feet for administration offices to be located at 1150 Powder Springs Street, Marietta, inthe Powder Springs Station complex. The requested location is between the CommunityDevelopment and Property Management offices. The space will be constructed by the in-housedesign and renovations group at a budget of $49,000.00 and according to plans andspecifications mutually agreed upon by the parties.

It is proposed that the lease of the facility will be for a term of five years, at an annual rental of$10,000.00 per year, sufficient to reimburse the County for the build-out costs. The use of thepremises would be for general administrative purposes to provide assistance to veterans andother related services. The tenant would be responsible for the payment of its prorata share ofany utilities, including gas, electric, water and sewer services, that are not separately metered tothe leased premises. The tenant would be solely responsible for securing and the costs oftelephone, internet, janitorial and all other services consumed on the premises. The Countywould be responsible for maintenance and repair of the facility.

FUNDING

Comm. Dist.

1


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Funding is available as follows:

380-110-4490-8005 (Powder Springs Station) $49,000.00

RECOMMENDATION

The Board of Commissioners authorize a facility be built-out at 1150 Powder Springs Street,

Marietta, in an amount not to exceed $49,000.00, for use by the Georgia Department ofVeterans Service, and authorize the negotiation of a lease with the State Properties Commissionon behalf of the Georgia Department of Veterans Service for the use of that facility.


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Cobb CountyFire & Emergency ServicesRandy Crider, Acting Fire Chief

1595 County Services PkwyMarietta, Georgia 30008-4021


FROM: Sam D. Heaton, Public Safety DirectorRandy Crider, Acting Fire Chief


Randy Crider, Acting Fire ChiefSam Heaton, Director of Public Safety


PURPOSE

To authorize the clarification and adjustment of plan review and inspection fees for the FireMarshals Office.

BACKGROUND

Cobb Fire & Emergency Services (CCFES) is the inspecting authority for the state minimumfire safety standards. With few exceptions such as residences and businesses located in one andtwo family dwellings, buildings, structures, and tenant spaces must have plans reviewed andapproved prior to the issuance of a certificate of occupancy. This plan review processconducted by CCFES provides for fees to be imposed on those businesses at the time of thephysical plan review. Pursuant to Cobb County Code Section 54-53.1 as amended February 24,2009, the CCFES Fire Marshals Office is authorized to assess and periodically reviseinspection and plan review fees as set by the Board of Commissioners. To enhance externalcustomer service, the need has been identified to clarify verbiage regarding Board and Care planfees (such as personal care homes), and add a schedule of fees for expedited plan reviews forcustomers requesting such a service. *Double underline on the attached document indicateschanges/additions to the fee structure.

FUNDING

N/A

RECOMMENDATION

Comm. Dist.All


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The Board of Commissioners authorize the clarification and adjustment of plan review andinspection fees for the Fire Marshals Office.

ATTACHMENTS

FMO Fee Structure


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Cobb County Fire Marshals OfficePlan Review Fee Structure

Proposed 12/05/2013

1. Electronic Copy (CD) required on all tenant plans, sprinkler plans, and fire alarms plans at time of planreview. Plans subject to not being stamped without electronic copy.2. Fees are charged at first plan review. One re-review is free to check addressed comments. Anyfurther required re-review is charged $50 per re-review. Exception: Site plans fees must be paid at the

time plans are stamped.3. Fees payable by cash, check, or money order.4. Additional fees apply for multi-story structures.5. See also Cobb County Code 54-54.1

Plan Review Type1 Fee Amount3

Site Plan Reviewper structure2 $100

New Building or Addition4Up to 12,000 sq. ft. $250

Greater than 12,000 sq. ft $350

Board and Care (3 or less clients) $100

Board and Care (4 to 6 clients) or Day Care Conversion $250

New Tenant or Addition4(includes remodel)

Less than 3,000 sq. ft. $100

3,000 to 12,000 sq. ft. $200


New Sprinkler/StandpipeSystem4

Up to 12,000 sq. ft. $200


Modifications to Existing FireSprinkler System for Tenant

Work4

0-8 heads (Limited Work Permit) N/C

9-30 sprinkler heads $100

31-100 sprinkler heads $175

More than 100 sprinkler heads $250

Commodity/Rack Assessment For storage > 12 ft. in height $200

Special Extinguishing Systems (Clean agent, dry chemical, etc.) $200

New Fire Alarm System4Up to 12,000 sq. ft. $200


Modifications to Existing Fire

Alarm System for Tenant

Work4

0-8 devices (Limited Work Permit) N/C

9-30 devices $100

31-100 devices $175

More than 100 devices $250

NFPA 96 Hood Planper permit $100

NFPA 33 Spray Booth $100

Mechanical (HVAC) $100

Tanksper site5 $300

Tentper tent $50

Special Event / Exposition $100

Revisions and Re-Reviews2all types $50

Permit Split $250

Plan ReviewOther $100

Multi-Story Plans (Any type)additional Per Floor $100

Fireworks (per event with 14 day window) $250

Inspection Expedite Fee (Maximum 4 hours) $1000

Plan Review Expedite Fee (in addition to normal fee) $1500

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PURPOSE

To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary ofthe appeal hearing conducted by the License Review Board for Bake It Happen, LLC, doingbusiness as, Baked, 1111 Johnson Ferry Rd., Suite 150, Marietta, GA 30068, Scott Bianculli,licensee.

BACKGROUND

On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board ofCommissioners to review a summary of appeal hearings approved by the License Review Boardwhen distance restrictions are waived for the issuance of alcoholic beverage licenses and toaffirm the decision of the License Review Board or place this matter before the Board ofCommissioners. On February 6, 2014 the application for the Cobb County beer and winepouring license for Bake It Happen, LLC, doing business as, Baked, was originally denied bythe Business License Division Manager. The location of Bake It Happen, LLC, doing businessas, Baked, 1111 Johnson Ferry Rd., Suite 150, Marietta, GA 30068, does not meet the distancerequirement to a the property line of several residences. The appeal of Bake It Happen, LLC,

doing business as, Baked, was heard before the License Review Board on February 6,2014. After considering all testimony and evidence presented, and the completed LicenseReview Board Questionnaire, the License Review Board recommended approval of theapplication for a beer and wine pouring license for Bake It Happen, LLC, doing business as,Baked.

FUNDING

N/A

Comm. Dist.

2


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RECOMMENDATION

The Board of Commissioners affirm the decision of the License Review Board, following thereview of the attached summary of the appeal hearing of February 6, 2014 for Bake It Happen,

LLC, doing business as, Baked, to approve the beer and wine pouring license.

ATTACHMENTS

License Review Board Questionnaire

Survey

Summary of Appeal Hearing, February 6, 2014


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47 feet

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 theyfrom the proposed location?

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

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

Yes. In the shopping center behind us. The shopping center is in front of the house that is in question.

I had none the first time I was granted the package license for this location and have heardnothing to date in opposition.

Yes

6. Have you ever violdated any Federal Law, State Law, or local ordinance regulating the sale of alcohol?

No

7. Is issuing the alcohol license going to have an adverse effect on the the property value of the church, school,park, library or residence?

No

8. Is issuing the alcohol license going to have an adverse effect on the property values of the community in the

area?

No

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

No

License Number: ALC000785 Licensee: SCOTT JAMES BIANCULLI

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

Cobb County License Review Board

FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTYALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCERESTRICTION

QUESTIONS FOR THE LICENSEE

Paul FosterBusiness License

Division Manager

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APHR_ALCH_ LIC_DISTANCE

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10. Is issuing the alcohol license going to have and adverse effect on the operation of the church, school, park,or library?

No

11. What type of business will be operating at this location?

Take out/dine in counter service restaurant.

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

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

We are a "Mom and Pop" operation with no formal guide as of yet. I have personally cross trainedmy two employees to work back of house and front of house. This training has been ongoing forover 1.5 years.

We check the ID of anyone under the age of 50.

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

Trained to look for it being the actual person, is it valid and not expired, is the age OVER 21

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

If you are referring to the sale of alcohol it is again our policy to ID anyone under the age of 50,make sure it`s the person in the photo, that they are over 21 and that it is not expired. We reservethe right to refuse the sale of alcohol to anyone, especially if we determine they may already beunder the influencethey will not be served at Baked.

16. Were the written policies provided with the application?

Yes

17. What type of menu does the establishment have?

Comfort Food

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%

20. What percentage of the stores total sales, where your application is seeking a package license, is fromalcohol sales?

n/a

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

11am to 8pm

22. Are there cameras in the establishment?

Yes

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23. How many cameras?

2

24. How often are they reviewed?

every 21 days

25. Why are they reviewed?

to ensure no theft primarily26. How long is the video maintained?

21 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 inviolation of State or County Law.

They know it will result in immediate termination.

31. Why should the LRB grant the alcohol license?

Our guest have been asking for it since we opened. We have already had a package license for 1.5years without incident and will take the same diligence in being a responsible operator. It willincrease revenue to the County as well.

I have the same employees since day 1, over 19 months ago. They already have 1.5 years ofresponsible service in the establishment and it is a top priority for each of us.

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

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

I have the same employees since day 1, over 19 months ago. They already have 1.5 years ofresponsible service in the establishment and it is a top priority for each of us.

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

yes

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

Yes

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35. What are the consequences?

Termination

36. How many employees will the establishment have?

5

37. How often will they be retrained?

Quartly via evaluations

38. Will you implement a secret shopper program?

Yes

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

verbal warning, written warning, then termination

40. If an application is being made for a convenience store, grocery store, or liquor package store, will the cashregister require submittal of the Date of Birth of the customer prior to an alcohol sale?

NA

41. Is there an override option?

No

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

NA

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

Yes

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

Yes

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

Yes

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

No

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

No

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Summary of Appeal Hearing before the Cobb County License Review Board forBake It Happen, LLC, doing business as, Baked, located at 1111 Johnson FerryRd., Suite 150, Marietta, GA 30068, Scott Bianculli, licensee. On February 6,

2014 the hearing was conducted in the Bid Room, located at 1772 CountyServices Parkway, Marietta, GA 30008.

License Review Board Chairperson Judy Skeel began the hearing by reading the agendaitem. All witnesses were given the oath by License Review Board attorney Sam Hensley,Jr.

Sandra Richardson, Business License Division Manager, explained that the applicationwas denied as provided in Section 6-124 of the Cobb County Code of Ordinances.

Scott Bianculli, owner and licensee of Baked It Happen, LLC, doing business as, Bakedstated that he has previously had a beer and wine package license at this location andthe residence was there when he had the package license. Mr. Bianculli stated thatwhile he had the package license there we no incidences and no complaints. Mr.

Bianculli stated that when he originally opened Baked, it was a to-go restaurant thatalso offered beer and wine by the package to-go. Mr. Bianculli stated that he hasdropped the beer and wine package license and applied for a beer and wine pouringlicense at the request of his customers. Mr. Bianculli stated that the restaurant will nowb

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