agenda 8-26-2014
DESCRIPTION
This is the agenda for the Cobb County (GA) Board of Commissioners meeting on August 26, 2014.TRANSCRIPT
August 26, 2014
TAB SPECIAL CALLED MEETING / WORK SESSION CALL TO ORDER - FINANCE ...................................................................................................................... 1
Page 1 of 177
August 26, 2014
TAB
REGULAR MEETING - CALL TO ORDER - 7:00 PM
PRESENTATIONS ...................................................................................................... 2
PUBLIC HEARING
Community Development Agency ...................... ................................................... 3
PUBLIC COMMENT .................................... ................................................................ 4
CONSENT ................................................................................................................... 5
TRANSPORTATION AGENCY ............................. ................................................... 6
SUPPORT SERVICES AGENCY .............................................................................. 7
FINANCE ...................................................................................................................... 8
PUBLIC COMMENT .................................... ................................................................ 9
Page 2 of 177
APPOINTMENTS ...................................................................................................... 10
COMMISSIONERS' PUBLIC ADDRESS ..................... ............................................... 11
ADJOURN
Page 3 of 177
COBB COUNTY FINANCE
WORK SESSION AGENDA COVER
WORK SESSION OF AUGUST 26, 2014
ITEM NO.
Finance
1 To conduct a second public hearing on the FY 2015 Proposed Budget.
Page 4 of 177
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: August 26, 2014
PURPOSE To conduct a second public hearing on the FY 2015 Proposed Budget.
BACKGROUND On August 12, 2014, the FY 2015 Proposed Budget was presented to the Board of Commissioners. On August 11, 2014, a notice was published in the Marietta Daily Journal announcing the first public hearing on August 19, 2014 for the FY 2015 Proposed Budget. On August 15, 2014, a notice was published in the Marietta Daily Journal announcing the second public hearing on August 26, 2014 for the FY 2015 Proposed Budget.
FUNDING N/A
RECOMMENDATION The Board of Commissioners conduct a public hearing on the FY 2015 Proposed Budget.
Comm. Dist.
All
Agenda Item Number. 1
Page 5 of 177
PRESENTATIONS
AGENDA COVER
REGULAR MEETING OF AUGUST 26, 2014
ITEM NO.
1 To present a Certificate of Achievement to Robert Joseph Babich, III for attaining the honored rank of Eagle Scout.
2 To present a Certificate of Recognition to Samuel Solomon Yuen of Scout Troop 714 for earning the rank of Eagle Scout.
3 To present a proclamation recognizing the achievement of the Accreditation with Excellence Award to the Cobb County Department of Public Safety E-911 Communications Department.
4 To present a Certificate of Recognition to Donyah Weatherspoon for her outstanding service to the residents of Peachstone Senior Living facility.
5 To present a proclamation to the Clarkdale Park All-Stars for winning the State Cal Ripkin Tournament hosted at Clarkdale Park on June 28, 2014.
6 To present a proclamation to the Walton High School Marching Raider Band recognizing their selection as one of the bands marching in the 126th Tournament of Roses Parade.
7 To present a proclamation to Barbara Hickey and the Constitution Day Committee in recognition of their efforts to provide Cobb County fifth graders with their own United States Constitution booklet on Constitution Day, September 17, 2014.
8 To provide an update on the status of the Braves stadium project to the Board of Commissioners and the public.
Page 6 of 177
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: August 26, 2014
PURPOSE To present a Certificate of Achievement to Robert Joseph Babich, III for attaining the honored rank of Eagle Scout.
BACKGROUND Robert is in Boy Scout troop 1294, at American Legion Post 294. Robert's Eagle service project involved planning, building and installing 2 information kiosks for West Cobb Baseball located in Kennesaw, GA. These kiosks are information booths were information will be posted for players, prospective players, parents and local community members. Robert raised $2,670.00 to pay for the cost of this project. The money left over is being used to seed a new scholarship fund for West Cobb Baseball in the name of Mike Wilson (an umpire who supported the park since it's inception and recently passed). This scholarship will be used to help those players that want to play baseball at West Cobb, but are struggling to pay the registration fee.
FUNDING N/A
RECOMMENDATION The Cobb County Board of Commissioners present a Certificate of Achievement to Robert Joseph Babich, III for attaining the honored rank of Eagle Scout.
Comm. Dist. 1
Agenda Item Number. 1
Page 7 of 177
Cobb County Board of Commissioners JoAnn K. Birrell, Commissioner, District 3
100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606
TO: David Hankerson, County Manager
FROM: JoAnn K. Birrell, Commissioner, District 3
This item has been electronically signed by:JoAnn K. Birrell, Commissioner, District 3
DATE: August 26, 2014
PURPOSE To present a Certificate of Recognition to Samuel Solomon Yuen of Scout Troop 714 for earning the rank of Eagle Scout.
BACKGROUND Samuel Yuen improved the community by building three picnic tables for the Atlanta Chinese Christian Church NW. From planning to completion, the project took one month and 115 hours. Now that the picnic tables are at the Church, parents have additional seating while they watch their children on the playground and volleyball players have a place to eat between matches.
RECOMMENDATION The Board of Commissioners present a Certificate of Recognition to Samuel Solomon Yuen of Scout Troop 714 for earning the rank of Eagle Scout.
Comm. Dist.
3
Agenda Item Number. 2
Page 8 of 177
Cobb County Board of Commissioners JoAnn K. Birrell, Commissioner, District 3
100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606
TO: David Hankerson, County Manager
FROM: JoAnn K. Birrell, Commissioner, District 3
This item has been electronically signed by:JoAnn K. Birrell, Commissioner, District 3
DATE: August 26, 2014
PURPOSE To present a proclamation recognizing the achievement of the Accreditation with Excellence Award to the Cobb County Department of Public Safety E-911 Communications Department.
BACKGROUND The Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) was created in 1979 as a credentialing agency through cooperative efforts of law enforcement executive associations. CALEA is an independent, non profit corporation overseen by a commission board of 21 members. The Commission Board grants accreditation to agencies that meet established professional standards in providing exceptional service delivery to the communities it serves. This is a voluntary process which agencies elect to apply in pursuit of international standards of excellence.
The E-911 Communications Department was the first agency in the State of Georgia to receive CALEA Accreditation, and since has successfully completed the accreditation process for the fifth time. On July 26, 2014, the E-911 Communications Department was selected by the Commissioners of CALEA to receive the Accreditation with Excellence Award. This award and recognition demonstrates the level of commitment to the highest level of service delivery to the public by all the employees of E-911 Communications Department.
FUNDING N/A
RECOMMENDATION The Board of Commissioners present a proclamation to the Department of Public Safety E-911 Communications Department in recognition of achieving the Accreditation with Excellence Award from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA).
Comm. Dist.
All
Agenda Item Number. 3
Page 9 of 177
Cobb County Board of Commissioners Lisa Cupid, Commissioner, District 4
100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3311 / fax: (770) 528-2606
TO: David Hankerson, County Manager
FROM: Lisa Cupid, Commissioner
This item has been electronically signed by:Lisa Cupid, Commissioner, District 4
DATE: August 26, 2014
PURPOSE To present a Certificate of Recognition to Donyah Weatherspoon for her outstanding service to the residents of Peachstone Senior Living facility.
BACKGROUND
Ms. Donyah Weatherspoon. Ms. Weatherspoon’s official title is the Property Manager for Peachstone Senior Living but her unofficial title and impact goes far beyond her job description. Ms. Weatherspoon has been the property manager for the last five years, and during this time she provides food to residents from her home to residents who are unable to afford it; she serves as a social worker to many of the residents in times of needs, provides linen to residents who needs it; serves as the marketing director for the facility and so much more. When speaking to one of her co-workers, and one of the residents of the facility, the phrase “she will give you the shirt off of her back” was used more than once to describe Ms. Weatherspoon. Below is the original e-mail that we received from one of the residents that Ms. Weatherspoon works closely with requesting a way to honor Ms. Weatherspoon for all that she does.
"Dear Commissioner Cupid, you have absolutely no idea how you are going to make my dreams come true by honoring Dee, my new friend. Well, she became my "Family" the first day I met her in March. Thank you so much.
Commissioner Cupid, I would be so proud to know you did that for her at the meeting like you said. That way, even more people, would get to meet and blessed by her. But I realize I shouldn't be selfish, but I was wondering if there was any way possible for you, because you are very important, could come here too to award her in front of all us residents here? I don't have much money. I just get Social Security Disability but if you could, though I know you're real busy because your a Commissioner. You're our Mayor here. Is there any way you could honor her here too so that we could be able to celebrate with her when you do. Please. I don't have
Comm. Dist. 4
Agenda Item Number. 4
Page 10 of 177
much money but until I can find a job real soon (and I'm trying really hard), I will gladly spend however much it costs to buy refreshments and plates and cups and stuff like that out of my check. Dee is definitely worth it. You will be able to see that easily when you meet her.
Most of the people here at Peachstone Senior Living are either senior citizens, many are sick, or the rest are disabled like me. So very few people have transportation. I just want to make Dee feel like the most special person in the universe because she is.
I can make sure the owners know in advance and they will have to make sure that she's not off that day. But I think it would be the most awesome thing if we could surprise her with a party and you, a VIP. And I thought maybe I could try and get the newspaper to come too. This is a good woman Mrs. Cupid, just like I know you have to be. I even thought I would try to find out how to get the Governor of our whole state to write her a thank you card too. I write a lot of poetry. Usually people cry when I share stuff with them. I like to bless people by giving them special poems I write about them because I dont have much else to give. So I can write her a special poem.
Commissioner Cupid, I know I am really asking a whole lot. If this is too much and I am getting on your nerves or I am bothering you, I am so sorry. I don't mean to. But I just want to make this day very special for Dee. Just wait til you meet her. She is so beautiful and the joy in her radiates like a million diamonds in the sunshine reflected in a thousand mirrors."
RECOMMENDATION The Board of Commissioners present a Certificate of Recognition to Ms. Donyah Weatherspoon for all of her efforts and service to the residents of Peachstone Senior Living facility.
Agenda Item Number. 4
Page 11 of 177
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: Lisa Cupid, Commissioner
This item has been electronically signed by:Lisa Cupid, Commissioner, District 4
DATE: August 26, 2014
PURPOSE To present a proclamation to the Clarkdale Park All-Stars for winning the State Cal Ripkin Tournament hosted at Clarkdale Park on June 28, 2014.
BACKGROUND
The Clarkdale Park All-Star 10-U baseball team, The SOX has won the State Cal Ripkin Tournament hosted at Clarkdale Park, June 28, 2014. This win allows the Sox to represent Cobb County and the State of Georgia in Matthews, NC in the Southeast Regional Tournament. The SOX’s ended a stellar season, with a record of 36 wind and 6 losses which also includes great games and four excited tournament wins.
The members of the Clarkdale Park All-Stars are winners both on and off of the field. The team and coaches stress “books before balls” with the teammates, and strongly encourage the boys with to achieve success in their school work throughout the academic year. The Championship team consists of 11 marvelous boys and 5 committed coaches.
Southwest SOX Roster:
Head Coach: Andy Kraus
Assistant Coach: Corey Davis
Comm. Dist.
Agenda Item Number. 5
Page 12 of 177
Asst. Coach: Harold Jenkins
Asst. Coach: Rob Kingeter
Asst. Coach: Patti Oldfield
************************
Charlie Bagwell
Tyrone Butler
Corian Davis
Rambo Fultz
Coby Hunt
Jaden Jenkins
Reece Kingeter
Brendan Kraus
Malik Olayiwola
Mahkai Pelzer
TJ Sturdivant
RECOMMENDATION That the Board of Commissioners would present a proclamation to the Clarkdale Parkdale All-Star 10-U baseball team for winning the State Cal Ripkin Tournament hosted at Clarkdale Park on June 28, 2014.
Agenda Item Number. 5
Page 13 of 177
Cobb County Board of Commissioners Bob Ott, Commissioner, District 2
100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3315 / fax: (770) 528-2606
TO: David Hankerson, County Manager
FROM: Bob Ott, Commissioner
This item has been electronically signed by:Bob Ott, Commissioner, District 2
DATE: August 26, 2014
PURPOSE To present a proclamation to the Walton High School Marching Raider Band recognizing their selection as one of the bands marching in the 126th Tournament of Roses Parade.
BACKGROUND Each year the Pasadena Tournament of Roses Association selects twenty high school marching bands from around the country to participate in the Tournament of Roses Parade. The Marching Raider Band was recently presented with the traditional Rose Parade flag by Pasadena Tournament of Roses Association President, Richard Chinen, along with his personal invitation to march in the 126th Tournament of Roses Parade on January 1, 2015.
FUNDING N/A
RECOMMENDATION The Board of Commissioners recognize the Walton High School Marching Raider Band as one of twenty bands selected to march in the 126th Tournament of Roses Parade.
Comm. Dist.
2
Agenda Item Number. 6
Page 14 of 177
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: August 26, 2014
PURPOSE To present a proclamation to Barbara Hickey and the Constitution Day Committee in recognition of their efforts to provide Cobb County fifth graders with their own United States Constitution booklet on Constitution Day, September 17, 2014.
BACKGROUND Constitution Day was established to encourage communities to conduct programs that assist community members in reflecting on the importance of active citizenship, recognizing the enduring strength of our Constitution, and reaffirming our commitment to the rights and obligations of citizenship in our great Nation. The United States Constitution was signed on September 17, 1787. The Constitution Day Committee, comprised of concerned citizens from the business community, elected officials, and the Cobb County Republican Women’s Club, have committed themselves to ensuring that fifth graders in Cobb County and Marietta City Schools each have their own individual copy of the United States Constitution. For almost four years, the Committee has provided nearly 25,000 booklets to fifth grade students in our county.
FUNDING N/A
RECOMMENDATION The Board of Commissioners present a proclamation to Barbara Hickey and the Constitution Day Committee in recognition of their efforts to provide Cobb County fifth graders with their own United States Constitution booklet on Constitution Day, September 17, 2014.
Comm. Dist.
All Districts
Agenda Item Number. 7
Page 15 of 177
Cobb County County Manager 's Office David Hankerson, County Manager
100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-2600 / fax: (770) 528-2606
TO: Board of Commissioners
FROM: David Hankerson, County Manager
This item has been electronically signed by:David Hankerson, County Manager
DATE: August 26, 2014
PURPOSE To provide an update on the status of the Braves stadium project to the Board of Commissioners and the public.
BACKGROUND The Board of Commissioners appointed the County Manager, David Hankerson, as the county representative on the Braves project at the July 8, 2014 commission meeting. And, further directed the County Manager to provide an update during the second public meeting of each month on the status of the project.
FUNDING N/A
RECOMMENDATION Board of Commissioners receive the County Manager's update of the Braves stadium project.
Comm. Dist.
Agenda Item Number. 8
Page 16 of 177
COBB COUNTY COMMUNITY DEVELOPMENT AGENCY
PUBLIC HEARING AGENDA COVER
REGULAR MEETING OF AUGUST 26, 2014
ITEM NO.
Planning
1 To conduct a public hearing and consider approval of the Northwest Cobb Land Vulnerability Analysis.
Page 17 of 177
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: August 26, 2014
PURPOSE To conduct a public hearing and consider approval of the Northwest Cobb Land Vulnerability Analysis.
BACKGROUND The Northwest Cobb Land Vulnerability Analysis is a collaborative effort involving community participation and various departments within Cobb County. The goal of this report is to examine, identify, and modify incompatible land uses with respect to existing and changing conditions that could influence this area over the next 10 to 20 years. These influencing forces include incompatible land uses, commuter traffic, new and improved transportation facilities, commercial and residential developments, and environmental factors related to stormwater runoff and Lake Allatoona.
The Community Development Planning Division was the lead in the effort with other departments and surrounding jurisdictions providing technical assistance including the Department of Transportation, Water System, the City of Acworth, Paulding County, and Bartow County. As is paramount with all planning projects and to ensure that the results reflect the community’s character and ideas, residents and business owners in and around the study area were actively involved in the process of evaluating and developing recommendations. This was accomplished through two public meetings that provided a diverse group of community members the opportunity to shape the recommendations for the effort.
The analysis has been posted for public review and comment for over a month, which includes all sections of the report: the existing conditions, community involvement, and a concept plan. The implementation actions are included in the concept plan.
Comm. Dist. 1
Agenda Item Number. 1
Page 18 of 177
FUNDING N/A
RECOMMENDATION The Board of Commissioners conduct a public hearing on the Northwest Cobb Land Vulnerability Analysis, approve the document, and authorize the addition of the policies and recommendations to the Cobb County Comprehensive Plan.
ATTACHMENTSNorth West Cobb Under Separate Cover
Agenda Item Number. 1
Page 19 of 177
Northwest Cobb Land Vulnerability Analysis document provided under separate cover
Page 20 of 177
PUBLIC COMMENT (BEGINNING OF MEETING)
AUGUST 26, 2014
Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.
Page 21 of 177
CONSENT AGENDA
REGULAR MEETING OF AUGUST 26, 2014
ITEM NO.
WATER SYSTEM AGENCY Engineering
1 To approve Supplemental Agreement No. 1 to the engineering agreement with Rindt-McDuff Associates, Inc. for FY15 Maintenance Zone 4 Water Main Replacement Design, Program No. W2274.
2 To approve a work order under the FY12-FY13 Unit Price Contract for Water, Sewer, and Miscellaneous Services with D & H Construction Company for Water Main Replacement for U.S. Highway 41 – Riverwood Parkway to Paces Mill Road, Program No. W2290.
Stormwater
3 To approve a Joint Funding Agreement with the United States Department of the Interior Geological Survey for continued operation and maintenance of fourteen streamflow monitoring gauges, Program No. SW809.
TRANSPORTATION AGENCY Administration
4 To authorize the advertisement for and conduct of a public hearing for the proposed closure and abandonment of a portion of Peach Lane, located in Land Lot 748 of the 17th District, 2nd Section, Cobb County, Georgia.
5 To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Windy Hill Road (West), Project No. E4030.
6 To amend previously adopted actions regarding condemnation proceedings on two parcels on Windy Hill Road (West), Project No. E4030.
7 To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Floyd Road, Project No. E6010.
8 To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on five parcels on Walker Drive Extension, Project No. E6100.
Transit
Page 22 of 177
9 To approve a contract with the Georgia Department of Human Services for FY15 Federal Transit Administration Section 5310 Program funding.
10 To approve Memorandums of Understanding with Right in the Community, Inc., the Cobb County Division of Family and Children Services, Cobb-Douglas Community Services Board, Inc., and Briggs and Associates, Inc., for FY15 Federal Transit Administration Section 5310 Program funding.
SUPPORT SERVICES AGENCY Property Management
11 To authorize the de-commitment and transfer of funds from the restoration services project at the Windy Hill Community Center and return to the Risk Management Claims Fund.
COMMUNITY DEVELOPMENT AGENCY Planning
12 To approve the ranking of the three most qualified firms to develop the Marketing and Branding Strategy for South Cobb, in partnership with the South Cobb Redevelopment Authority,from qualified consultants obtained under RFP No. 14-5921 and authorize negotiations with the ranked firms.
13 To consider approval of amendments to the Inventory of Redevelopment Sites as contained in the Cobb County Comprehensive Plan.
14 To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding a proposed Annexation on 3.0 acres of land; known as 1435 Lockhart Drive in the City of Kennesaw.
COUNTY ATTORNEY
15 To authorize settlement of claim of Nathaniel Mashburn pursuant to the direction and within the terms as discussed in Executive Session on August 25, 2014.
ECONOMIC DEVELOPMENT
16 To approve a request from the City of Smyrna consenting to the terms of the First Amendment to the Development Agreement; to eliminate the deadline for the commencement of significant construction projects; to establish 2013 as the new base year for the calculating the Tax Allocation Increment for the Belmont Hills Redevelopment Project; and authorize the County Manager to send a letter to the City of Smyrna with respect to these matters.
HUMAN RESOURCES
Page 23 of 177
17 To approve the 2015 Holiday Schedule to be observed by employees and libraries of Cobb County.
FINANCE
18 To adopt a resolution adopting all budget amendments set forth in agenda items on this date.
19 To adopt the First Supplemental Approval Resolution pertaining to the Cobb County Kennestone Hospital Authority Revenue Anticipation Certificates (Cobb County Project), Series 2014, in order to ratify, confirm and approve, without limitation, the acceptance of the lowest responsive bid, the award of the sale to the lowest responsive bidder, and for the other related purposes.
SUPERIOR COURT
20 To authorize a donation from the Cobb County Family Law Workshop to the Cobb Justice Foundation.
COUNTY CLERK
21 To approve the minutes of the following meetings: August 11, 2014 - Special Called Meeting/Agenda Work Session August 12, 2014 - Regular Meeting of the Board August 19, 2014 - Special Called Meeting/Public Hearing on the FY2015 Budget August 19, 2014 - BOC Zoning Hearing (provided under separate cover)
22 To approve the dates and times of the Regular Meetings and the Zoning Hearings of the Board of Commissioners for the calendar year 2015.
MOTION: Motion to approve the Consent Agenda, and authorize execution of the necessary documents by the appropriate County personnel.
Page 24 of 177
Page 25 of 177
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: August 26, 2014
PURPOSE To approve Supplemental Agreement No. 1 to the engineering agreement with Rindt-McDuff Associates, Inc. for FY15 Maintenance Zone 4 Water Main Replacement Design, Program No. W2274.
BACKGROUND On February 11, 2014, the Board of Commissioners authorized an agreement with Rindt-McDuff Associates, Inc. in the amount of $124,175.00 for design to replace approximately 45,000 linear feet of substandard water main in the Dayron Circle, Mountain Creek, Chimney Springs Phase 4, and Roberts Lane areas. During preliminary investigations, some concerns were raised with respect to the condition of sewers in the Dayron Circle area. After further investigations, it was determined that portions of the system were deteriorating and in need of replacement. Rather than doing the water and sewer work as separate projects, we propose to combine both into a single project, reducing the total cost and, more importantly, minimizing the impact on residents. We recommend an increase of $50,425.00 to the existing agreement with Rindt-McDuff Associates, Inc. to design the needed sewer improvements and combine the water and sewer elements into a single construction package. Original Contract $124,175.00 Supplemental Agreement No. 1 $ 50,425.00 Revised Contract $174,600.00
Comm. Dist. 3
Agenda Item Number. 1
Page 26 of 177
FUNDING Funding is available in the Water System’s CIP Budget as follows: Increase Encumbrance:
Transfer from: Unidentified New & Replacement Sewer Lines
Transfer to: FY15 Maintenance Zone 4 Water Main Replacement Design
GAE 500 510021114407 510-500-5754-8225 W2274-E $50,425.00
Preliminary Estimates 510-500-5755-8005 S2503-Z $50,425.00
Engineering-Design Fee 510-500-5754-8225 W2274-E $50,425.00
RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 1 to the engineering agreement with Rindt-McDuff Associates, Inc. in the amount of $50,425.00, for FY15 Maintenance Zone 4 Water Main Replacement Design, Program No. W2274; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSMap
Agenda Item Number. 1
Page 27 of 177
Roswell Rd
Johnson Ferry Rd
Lower Roswell Rd
Post Oak Tritt Rd
Trickum Rd
Old Can ton Rd
Robinson Rd
Holt Rd
Mabry Rd
Ebenezer Rd
Powers Ferry Rd
Shallowford Rd
Sewell
Mill Rd
Holly Springs Rd
Jamerso
n Rd
Blackwell Rd
Wigley Rd
Franklin Rd
Sandy Plains Rd
Piedmont Rd
Cobb Pkw
y
Terre
ll Mill R
d
Alabama Rd
Woodl awn Dr
Scufflegrit Rd
North M
arie
tta Pkw
y
Gordy Pkw
y
Lower Roswell Rd
Jamerson Rd
Sewell Mill
Rd
§̈¦75
Location Map
:*Project: FY2015 Maintenance Zone 4Program Number: W2274District(s): 1, 16Commission District(s): 3
1:75,000
Roberts Lane (W2272)
Dayron Circle (W2270)
Chimney Springs Phase IV(W2273)
Mountain Creek (W2271)
Page 28 of 177
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: August 26, 2014
PURPOSE To approve a work order under the FY12-FY13 Unit Price Contract for Water, Sewer, and Miscellaneous Services with D & H Construction Company for Water Main Replacement for U.S. Highway 41 – Riverwood Parkway to Paces Mill Road, Program No. W2290.
BACKGROUND Road widening and other improvements to U.S. Highway 41 by the Georgia Department of Transportation require abandoning the use of an existing water main and replacement with approximately 1,050 linear feet of 12-inch and 2,000 linear feet of 16-inch ductile iron pipe water main within the right of way of U.S. Highway 41 between Riverwood Parkway and Paces Mill Road. Prices for the work were solicited from all unit price contractors qualified under the current Water, Sewer, and Miscellaneous Services contracts. Prices were received on August 15, 2014. The lowest responsive bid of $369,364.09 was submitted by D & H Construction Company.
FUNDING
Funding is available in the Water System’s CIP Budget as follows: Transfer from:
Comm. Dist. 2
Agenda Item Number. 2
Page 29 of 177
Unidentified New/Replacement Water Mains
Transfer to: WMR for U.S. 41 Highway – Riverwood Parkway to Paces Mill Road
Preliminary Estimates 510-500-5754-8005 W1503-Z $378,904.09
Construction 510-500-5754-8260 W2290-C $369,364.09Interest Expense on Retainage510-500-5754-6613 W2290-A $1,850.00Materials and Supplies 510-500-5754-8265 W2290-M $300.00Contingency 510-500-5754-8810 W2290-T $7,390.00Total $378,904.09
RECOMMENDATION The Board of Commissioners approve a work order under the FY12-FY13 Unit Price Contract for Water, Sewer, and Miscellaneous Services with D & H Construction Company, in the amount of $369,364.09, for Water Main Replacement for U. S. Highway 41 – Riverwood Parkway to Paces Mill Road, Program No. W2290; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSMap
Agenda Item Number. 2
Page 30 of 177
976
978
9771016
979
1015
1025
1014
1017
1026949
1027
951
950
948
975
1024
10189521024
Cobb Pkwy
Paces
Mill Rd
Cum
berland
Blvd
Cobb G
alleria Pkwy
Akers M
ill Rd
Riverwo
od Pkwy
Stillhouse Rd
Stillhouse Ln
Post Woods Dr
River Pk
wy
Cochise Dr
River Oaks Dr
Essex Ave
Pointe Ter
Stillh
ouse C
reek Dr
Ranch Rd
Vinings R
idge Dr
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Location Map
:*
Project: U.S. Highway 41 Road Widening - Riverwood Parkway to Paces Mill RoadProgram Number(s): W2290Land Lot(s): 978, 1015, 1016, 1017District: 17Commission District: 2Description: Water Main Replacement under FY12-FY13 Unit Price Contract for Water, Sewer, and Miscellaneous Services
1:7,500
Project
Page 31 of 177
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: August 26, 2014
PURPOSE To approve a Joint Funding Agreement with the United States Department of the Interior Geological Survey for continued operation and maintenance of fourteen streamflow monitoring gauges, Program No. SW809.
BACKGROUND The need to provide for continuous, real-time streamflow monitoring was identified by watershed studies undertaken by the Water System in the mid-l990s. In 1997, the Board of Commissioners authorized an agreement with the United States Geological Survey (USGS), the acknowledged experts in this field, for operation and maintenance of four gauges in four areas of immediate interest within the County. Similar agreements with the USGS have been authorized annually each subsequent year. In 2006, eight sites were added to the original four in response to Cobb County's long-term stream monitoring requirements imposed by the Metropolitan North Georgia Water Planning District. A thirteenth site was added in March, 2010, at the request of Caraustar, Inc., who reimburses the County for related costs. The fourteenth gauge, located on Allatoona Creek at Stilesboro Road,was added in 2012. The annual cost for turn-key services for these gauges is $13,600.00 per gauge, or a total cost of $190,400.00 for fourteen gauges during the time between October 1, 2014 and September 30, 2015. These gauges have proven extremely useful in analyzing and addressing issues related to rainfall events, such as the 6.3 inch, three-hour event in the Sewell Mill Creek basin on July 11, 2012, and the flood of September 21, 2009.
Comm. Dist.
All
Agenda Item Number. 3
Page 32 of 177
FUNDING Funds are available in the Water System's Stormwater Repair & Restoration for Fund 510, Unit 5758, Program No. SW809, along with the following increase in Revenue and Expense Appropriations: Transfer from: Stormwater Repair & Restoration Drainage Contract
Transfer to: USGS Stream Gauges Professional Services-
Increase Revenue Appropriations
Increase Expense Appropriations Professional Services-
Total to be Encumbered $190,400.00
R&M Service 510-500-5758-6496 SW9999-Z $176,800.00
Land Improvements 510-500-5758-8032 SW809-E $176,800.00
Developer Contributions 510-500-5758-4918 A5750-A $ 13,600.00
Land Improvements 510-500-5758-8032 SW809-E $ 13,600.00
RECOMMENDATION The Board of Commissioners approve a Joint Funding Agreement with the United States Department of the Interior Geological Survey, in an amount not to exceed $190,400.00, for continued operation and maintenance of fourteen streamflow monitoring gauges, Program No. SW809; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSJoint Funding Agreement
Agenda Item Number. 3
Page 33 of 177
Page 34 of 177
Page 35 of 177
Page 36 of 177
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: August 26, 2014
PURPOSE To authorize the advertisement for and conduct of a public hearing for the proposed closure and abandonment of a portion of Peach Lane, located in Land Lot 748 of the 17th District, 2nd Section, Cobb County, Georgia.
BACKGROUND JW Homes, LLC and Wellstar Health Systems, Inc. (Wellstar), have purchased all of the property adjacent to a portion of Peach Lane. The JW Homes, LLC property has been rezoned for redevelopment as approved by Cobb County Z-99 (2006). Public access along this portion of Peach Lane is no longer needed.
The right-of-way on this portion of Peach Lane, adjacent to JW Homes, LLC and Wellstar property, is required to allow full utilization of the property purchased by JW Homes, LLC; therefore, JW Homes, LLC has requested the County close and abandon the public right-of-way on this portion of Peach Lane, as this section of street no longer serves a public purpose. Wellstar has agreed to the County approving the JW Homes, LLC request for abandonment of the public right-of-way on this portion of Peach Lane, including the portion that abuts the Wellstar property.
In accordance with O.C.G.A. §32-7-2, a public hearing must be held prior to the closing and abandonment of a public street. The District Commissioner is aware of this request.
FUNDING
N/A
Comm. Dist.
2
Agenda Item Number. 4
Page 37 of 177
RECOMMENDATION The Board of Commissioners authorize the advertisement for and conduct of a public hearing for the proposed closure and abandonment of a portion of Peach Lane, located in Land Lot 748 of the 17th District, 2nd Section, Cobb County, Georgia.
ATTACHMENTSLocation Map
Waiver Letter
Agenda Item Number. 4
Page 38 of 177
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SHAMROCK TRL
CROWE DR
NORBURY DR
GAYLOR ST
WEST ATLANTA RD
WESTWOOD RD
SOUTH COBB INDUSTRIAL BLVD
MAIN ST
CLAY
BR OO KE DR
SIMPSON RD
LAUREL CREEK TRL
KENWOOD PL
GILMORE RD
FO RT DR
PARA
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LSR D
GAT E SWAL
KDR
CANTRELL RD
DANIEL ST
GA R DE
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ORCHARD KNOB DR
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WESTWOODCIR
EBERHART ST
COOPER LANDINGDR
ANDERSON DR
MART
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PINE
RIDG
ERD
M ILL
SIDE WALK
ORCHARDRD
ORCH
A RD
RD
VININGS MILLTRL
OAKDALE RD
ARGO RD
MILLSID E DR
HARLINGTON RD
PACESWALK
PACES WALK
RIDGEWOODDR
DANI
EL
GREEN TRL
GLE NH URST DR
CHELTONCT
TY N E MOOR
EW
ALK
T YNE
MOOR
ET R
CE
CL IFF CREST
DR
LOIS
ST
CHEYANNE DR
PIN E
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DR
BROOKVIEW DR
DURL
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VALLEY TRAIL
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HILL CREST
D R
CHAR
LEST
O NP L
WEST
LANE
DR
IVYGLEN DR
RIDGEHURST
D R
DURLE Y L N
MANE
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O RCHARD VALLEY
DR
WE A
VER
ST
T RIST
AN DR
TRISTAN
DR
TRISTAN DR
ATLANTA RD
LOG CABIN DR
COOPER LAKE RD
COOPER LAKE DR
ATLA
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DGILMORE
RD
DANIEL ST
RIDGE RD
SPRING HILL RD PACES FERRY RD
BEEC
H HAVEN TRL
NORT
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PL ANT AT KINSON RD
SOUTH COBB DR
EAST-WEST CONN
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ERLA
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PROJECT:Peach Lane Closureand Abandonment
[
DATE:August 26, 2014
Cobb CountyDepartment of Transportation
LOCATION MAP
k
ProjectLocation
Notes: Commission District 2
HIDDENFORESTCTPEACH LN
Page 39 of 177
Page 40 of 177
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: August 26, 2014
PURPOSE To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Windy Hill Road (West), Project No. E4030.
BACKGROUND
Windy Hill Road (West) is an approved thoroughfare improvements project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes the addition of a third through lane in each direction on the west side of the I-75/Windy Hill Road Interchange, from the I-75 southbound off ramp to Cobb Parkway, and from Cobb Parkway to the I-75 southbound on ramp, for a distance of approximately 0.80 miles. Median improvements are also included. 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 project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Department’s Development Services, Right-of-Way and Construction staff, and the County’s Legal personnel, recommends condemnation actions be filed.
Comm. Dist. 2
Agenda Item Number. 5
Page 41 of 177
Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. §32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.
FUNDING N/A
RECOMMENDATION The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Windy Hill Road (West), Project No. E4030; adopt a Resolution and Order in form substantially similar to the attached, and as approved by the County Attorney's Office; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Resolution and Attachment 1 for Parcel 102A
Agenda Item Number. 5
Page 42 of 177
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DELK RD
WINDY RIDGE PKWY
AKERS MILL RD
COBB PKWY
SPRING RD
POWERS
FERRYRD
HERODIAN WAY
WINDY HILL RD
ROSWELL ST
COBB PKWY
TERRELL MILL RD
N ORTHPAR
KPL
INTERSTATE NPKWYW
BENTLEY RD
FRANKLINRD
INTERSTATE N CIR
IN TERSTATE N PKWY
LAKE PARK DR
CIRCLE 75 PKWY
CUMB
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ND
BLVD
WINDY HILL RD
VILLA
GEPK
WY
WILDWOOD PKWY
CUMBERLAND BLVD
THEEXCHANGE
FRAN
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WINDY HILL RD
H AWK CT
TURPIN RD
BRENDA DR
ARGODR
SHA DOWOOD
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ENTERPRISE WAY
BROOKVIEW RD
AIRPORT IND PARK DR
NEWMARKE T PKW
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DLA N
DTE
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DU
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CASWELL PKW Y
BELL
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FR ANKLIN WA
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SANDS PL
OVERTON PARKDR
SPRI
NG D
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AFTO
N
WAYRIDGECRESTLN
NORTHWEST PKWY
LAKERIDGE DR
GORDON CIR
PARK
RD
GLENROY DR
BEEC
HWOOD DR
P EBB
LECR
EEK
RD
ROLL
ING
V IEW
DR
LEAR
DR
BATES ST
CARO
LYN
DR
LELAND DR
KINGSTON CT
§̈¦75
§̈¦285
DELK RD
WINDY RIDGE PKWY
CIRC LE 75 PKWY
SPRING RD
POWERSFERRY RD
WINDY HILL RD
TERREL
L MILL
R D
TERRELL MILL RD
FRANKL INRD
BENTL EYRD
WINDY HILL RD
VILLAGE PKWY
INTERSTATEN
PK
WY
AIRPORT CT
SPRI
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§̈¦75
§̈¦285
DobbinsARB
Smyrna
Marietta
£¤41
£¤41
!(280
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PROJECT:Windy Hill Road (West), Project No. E4030
[
DATE:August 26, 2014
Notes: Commission District 2
Cobb CountyDepartment of Transportation
LOCATION MAP
k
Begin Project
End Project
Parcel 102A
Text
(Not to scale)Page 43 of 177
Page 44 of 177
Page 45 of 177
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: August 26, 2014
PURPOSE To amend previously adopted actions regarding condemnation proceedings on two parcels on Windy Hill Road (West), Project No. E4030.
BACKGROUND
Windy Hill Road (West) is an approved thoroughfare improvements project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes the addition of a third through lane in each direction on the west side of the I-75/Windy Hill Road Interchange, from the I-75 southbound off ramp to Cobb Parkway, and from Cobb Parkway to the I-75 southbound on ramp, for a distance of approximately 0.80 miles. Median improvements are also included. 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. On June 10, 2014, the Board of Commissioners approved a request to determine that circumstances were such that it was necessary to proceed with condemnation proceedings on Parcel 12 within the Windy Hill Road (West) project. Due to plan revisions, the required driveway easement of 1,345.94 square feet was changed to a required temporary construction easement of the same area; therefore, it is necessary to amend the type of required easement acquisition previously approved.
Comm. Dist. 2
Agenda Item Number. 6
Page 46 of 177
On July 22, 2014, the Board of Commissioners approved a request to determine that circumstances were such that it was necessary to proceed with condemnation proceedings on Parcel 101 within the Windy Hill Road (West) project. Due to plan revisions, the required right-of-way of 1,685.04 square feet was increased to 1,833.82 square feet; the permanent wall easement of 1,050.16 square feet was changed to a temporary wall easement of 914.44 square feet; the temporary construction easement was reduced from 1,364.73 square feet to 314.57 square feet; and the temporary driveway easement of 784.08 square feet was increased to 906.40 square feet; therefore, it is necessary to amend the areas of required easement acquisition previously approved.
FUNDING N/A
RECOMMENDATION The Board of Commissioners amend previously adopted actions regarding condemnation proceedings on two parcels on Windy Hill Road (West), Project No. E4030, by changing the previously required driveway easement for Parcel 12 to a required temporary construction easement of the same area; and by increasing the area of required right-of-way acquistion, changing the required permanent wall easement to a temporary wall easement of reduced area, reducing the required temporary construction easement, and increasing the temporary driveway easement for Parcel 101; adopt a Resolution and Order for each parcel in form substantially similar to the attached, and as approved by the County Attorney's Office; and authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Resolutions and Attachments 1 for Parcels 12 and 101
Agenda Item Number. 6
Page 47 of 177
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DELK RD
WINDY RIDGE PKWY
AKERS MILL RD
COBB PKWY
SPRING RD
POWERS
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HERODIAN WAY
WINDY HILL RD
ROSWELL ST
COBB PKWY
TERRELL MILL RD
N ORTHPAR
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INTERSTATE NPKWYW
BENTLEY RD
FRANKLINRD
INTERSTATE N CIR
IN TERSTATE N PKWY
LAKE PARK DR
CIRCLE 75 PKWY
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WILDWOOD PKWY
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NEWMARKE T PKW
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NORTHWEST PKWY
LAKERIDGE DR
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BEEC
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P EBB
LECR
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ROLL
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WINDY RIDGE PKWY
CIRC LE 75 PKWY
SPRING RD
POWERSFERRY RD
WINDY HILL RD
TERREL
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FRANKL INRD
BENTL EYRD
WINDY HILL RD
VILLAGE PKWY
INTERSTATEN
PK
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AIRPORT CT
SPRI
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§̈¦75
§̈¦285
DobbinsARB
Smyrna
Marietta
£¤41
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PROJECT:Windy Hill Road (West), Project No. E4030
[
DATE:August 26, 2014
Notes: Commission District 2
Cobb CountyDepartment of Transportation
LOCATION MAP
k
Begin Project
End Project
Parcel 12
Text
(Not to scale)
Parcel 101
Page 48 of 177
Page 49 of 177
Page 50 of 177
Page 51 of 177
Page 52 of 177
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: August 26, 2014
PURPOSE To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Floyd Road, Project No. E6010.
BACKGROUND
Floyd Road is an approved roadway safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes intersection improvements, construction of a raised median, and construction of an eight-foot wide multi-use trail along the west side of Floyd Road, from Veterans Memorial Highway to Fontaine Road. A ten-foot wide multi-use trail will be constructed from Fontaine Road to Clay Road. A separate pedestrian bridge will be constructed to the west of the existing roadway bridge on Floyd Road over the railroad. The project limits extend from Veterans Memorial Highway to Clay Road, for a project length of 0.61 miles. Rights-of-way 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 owner are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Department’s Development Services, Right-of-Way and Construction staff, and the County’s Legal personnel, recommends a condemnation action be filed.
Comm. Dist. 4
Agenda Item Number. 7
Page 53 of 177
Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. §32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.
FUNDING N/A
RECOMMENDATION The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Floyd Road, Project No. E6010; adopt a Resolution and Order in form substantially similar to the attached, and as approved by the County Attorney's Office; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Resolution and Attachment 1 for Parcel 7
Agenda Item Number. 7
Page 54 of 177
Norfolk Southern Railway
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ANNIE LN
DANI
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CAVAN WAY
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MEGC
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SHAN
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EDDIE LN
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BRIARLEIG H
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ON LN
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MONTICELLO DR
CARDINA
LDR
OLD BANKHEAD HWY
ANGELIA DR
AYRES RD
SAINT PATRICK DR
ROY
AVE
DUBLIN CT
DODGEN PL
CLIFF D R
CRESTBROOK LN
FLOR
RIE
DR
PARK RD
POW
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DR
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WATE
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FONTAINE RD
KEMM
IE LN
HELE
N PL
MOLL
IE LN
LELAND DR
DALE DR
CLUB
DR
BELLEM E ADE
CIR
LINDA LN
TRIGGER DR
LEE RD
WOODLAND LN
LAKE CIR
HILLTOP CIR
STRICKLAND DR
PALMER PL
HAGG
ARD
DR
LAB A
MADR
PUCKETT DR
DENN
Y LN
BRITT
RD
PROSPECT PL
TRENTON CT
BRENTWOOD DR
GRACE ST
RIDGE AVE
HILLTOP CIRCLE EXT
STELLA C IR
WEDGEW
OOD DR
COMMUNITY DR
CRAB
APPL
E DR
MARAN LN
AUST
IN D
R
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O SEPH CLUBDR
PIN ELAND CIR
WHI SPERINGP IN ES
RD
OLDGORDON
RD
NORTHLAND RD
MIMOSA CIR
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DER W
OODR
D
MABL
ELA
KEDR
LUTHER DR
MAPLE VALLEY RD
PINE D
R
MABLE STBE
VERL
Y DR
ANNA
WAY
LAVERTE CIR
VALLEY CREEK RD
BROO
K WOO
DD R
S HA NNON GREEN CIR
WOOD VALLEY RD
FRANCIS CIR
MOUNTPISGAHLN
SI LH O
UETTE
LN
GLOR
E DR
BREN
DA D
RWOODWARD CIR
PINELAND RD
MELANIE LN
DUNN PKWY
DUR ONPL
LYNNE CIR
CARO
L CIR
BROO
KWOO
DDR
VETERANS MEMORIAL HWY
COOPER LAKE RD
OLD POWDER SPRINGS RD
MABLETON PKWY
F LOY DR D
PISGAH RD
DODG
EN R
D
NICKAJACK RD
CLAY RD
FONTAINE RD
GLOR
E RD
OLD ALABAMA RD
PROJECT:Floyd RoadProject No. E6010
[
DATE:August 26, 2014
Cobb CountyDepartment of Transportation
LOCATION MAP
BeginProject
k
EndProject
Notes: Commission District 4
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Parcel 7
(Not to scale)Page 55 of 177
Page 56 of 177
Page 57 of 177
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: August 26, 2014
PURPOSE To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on five parcels on Walker Drive Extension, Project No. E6100.
BACKGROUND
Walker Drive Extension is an approved roadway safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes a quarter-mile development of new roadway, extending Walker Drive from Old Floyd Road to Church Street, creating a town square in front of Mableton Elementary School. This project is associated with the new Mableton Elementary School, in coordination with the Cobb County School District. 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 project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Department’s Development Services, Right-of-Way and Construction staff, and the County’s Legal personnel, recommends condemnation actions be filed.
Comm. Dist. 4
Agenda Item Number. 8
Page 58 of 177
Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. §32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.
FUNDING N/A
RECOMMENDATION The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on five parcels on Walker Drive Extension, Project No. E6100; adopt a Resolution and Order for each parcel in form substantially similar to the attached, and as approved by the County Attorney's Office; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Resolutions and Attachments 1 for Parcels 5, 8, 12, 13, and 16
Agenda Item Number. 8
Page 59 of 177
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FONTAINE RD
OLD POWDER SPRINGS RD
VETERANS MEMORIAL HWYNICKAJACK RD
CLAY RD
BROO
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LANDERS DR
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IEW CIR
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MONTICELLO DR
CARDINAL
DR
OLD BANKHEAD HWY
AYRES RD
SAINT PATRICK DR
FERNDALE DR
CLIFF DR
CRESTBROOK LN
LAVISTA DR
MOSS DR
VONDA LN
GLOR
E RD
OX DR
LEE RD
MOSELLE DR
FONTAINE RD
NORT
H AV
E
DALE DR
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LOCATION MAP
ProjectLimit
PROJECT:Walker Drive ExtensionProject No. E6100 [
DATE:August 26, 2014
Notes: Commission District 4
Cobb CountyDepartment of Transportation
k
ProjectLimit Parcel 16
Parcel 12
ProjectLimit
(Not to scale)
CHUR
CH ST
PEAK
ST Parcel 13
Parcel 5
Parcel 8
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Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 26, 2014
PURPOSE To approve a contract with the Georgia Department of Human Services for FY15 Federal Transit Administration Section 5310 Program funding.
BACKGROUND
On February 11, 2014, the Board of Commissioners adopted a resolution authorizing the submission of an application to the Georgia Department of Human Services (DHS) for FY15 Federal Transit Administration (FTA) Section 5310 Program funding. The FTA Section 5310 Program funds, which are targeted for providing transportation services to seniors and persons with disabilities, are managed by the DHS. Under the State Management Plan, DHS contracts with only one entity per County, who may then sub-allocate funds to other entities to serve target populations. As the lead agency, Cobb County will sub-allocate funds to Right in the Community, Inc., Cobb–Douglas Community Services Board, Inc., the Cobb County Division of Family and Children Services, and Briggs & Associates, Inc. The FY15 FTA Section 5310 Program funding allocation totals $91,458.00. No local match funding is required. A portion of the funds will be retained for Cobb Senior Services and Cobb Community Transit (CCT) transportation programs. CCT will perform administrative oversight of the program, and will track spending and distribute fare media to service providers and clients. Concurrent with this agenda item, the Department is presenting an agenda item to the Board requesting approval of Memorandums of Understanding (MOUs) with each sub-recipient for their sub-allocation of the FY15 FTA Section 5310 Program funding.
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Agenda Item Number. 9
Page 71 of 177
The contract with DHS has been reviewed by the County Attorney's Office.
FUNDING Appropriate receipt of FY15 Federal Transit Administration Section 5310 Program funding to the Transit Capital Projects Fund as follows:
Increase Revenue: 202-050-4868-4868-4435 (FTA 5310-DHS Mobility) $91,458.00
Increase Expenditure: 202-050-4868-4868-6628 (Transit Fare Media) $91,458.00
RECOMMENDATION The Board of Commissioners approve a contract with the Georgia Department of Human Services (DHS), in an amount not to exceed $91,458.00, for FY15 Federal Transit Administration (FTA) Section 5310 Program funding; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSState of Georgia Department of Human Services Contract Form Renewal and Amendment to
be provided under separate cover
Agenda Item Number. 9
Page 72 of 177
State of Georgia Department of Human Services Contract Form Renewal and Amendment to be
provided under separate cover.
Page 73 of 177
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: August 26, 2014
PURPOSE To approve Memorandums of Understanding with Right in the Community, Inc., the Cobb County Division of Family and Children Services, Cobb-Douglas Community Services Board, Inc., and Briggs and Associates, Inc., for FY15 Federal Transit Administration Section 5310 Program funding.
BACKGROUND
On February 11, 2014, the Board of Commissioners adopted a resolution authorizing the submission of an application to the Georgia Department of Human Services (DHS) for FY15 Federal Transit Administration (FTA) Section 5310 Program funding. On August 26, 2014, concurrent with this agenda item, the Board is anticipated to approve a contract with DHS for FY15 FTA Section 5310 Program funding in the amount of $91,458.00. No local match funding will be required. The required Memorandums of Understanding (MOUs) with Right in the Community, Inc. (RITC), the Cobb County Division of Family and Children Services (DFCS), Cobb-Douglas Community Services Board, Inc. (CSB), and Briggs & Associates, Inc. (Briggs), will allow each organization to utilize a portion of the FY15 FTA Section 5310 Program funding. Funds will be used to purchase Cobb Community Transit and MARTA bus passes, Breeze Cards and transit fare media for distribution to the disabled and senior populations of Cobb County. The term of the MOUs will be retroactive from July 1, 2014, through June 30, 2015. FY15 FTA Section 5310 Program funding totals $91,458.00. Cobb County will retain $19,500.00 to be used to augment the Cobb Senior Services (CSS) transportation programs; $3,000.00 will be retained for Cobb Community Transit (CCT) mobility programs.
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Agenda Item Number. 10
Page 74 of 177
Of the remaining $68,958.00, RITC will receive $15,608.00, DFCS will receive $25,000.00, CSB will receive $22,975.00, and Briggs will receive $5,375.00. No MOU with CSS is required, as they are a Cobb County department. The MOUs have been reviewed by the County Attorney's Office.
FUNDING N/A
RECOMMENDATION The Board of Commissioners approve Memorandums of Understanding (MOUs) with Right in the Community, Inc., in an amount not to exceed $15,608.00, the Cobb County Division of Family and Children Services (DFCS), in an amount not to exceed $25,000.00, Cobb-Douglas Community Services Board, Inc. (CSB), in an amount not to exceed $22,975.00, and Briggs & Associates, Inc., in an amount not to exceed $5,375.00, for FY15 Federal Transit Administration (FTA) Section 5310 Program funding; and authorize the Chairman to execute the necessary documents, in forms substantially similar to the attached and as approved by the County Attorney’s Office.
ATTACHMENTSExhibit A to be provided under separate cover
MOU RITC to be provided under separate cover
MOU CCDFCS to be provided under separate cover
MOU CDCSB to be provided under separate cover
MOU Briggs and Associates, Inc. to be provided under separate cover
Agenda Item Number. 10
Page 75 of 177
Exhibit A – FTA Required General Assurances to be provided under separate cover.
Page 76 of 177
Memorandum of Understanding between Cobb County, GA and Right In The Community, Inc. –
Department of Human Services (DHS) Coordinated Transportation to be provided under separate
cover.
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Cobb County Property Management Department John A. Reida, Director
1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148
TO: David Hankerson, County Manager
FROM: John A. Reida, Director of Property Management Willie A. Hopkins. Jr., Director of Support Services
This item has been electronically signed by:John A. Reida, Director Willie A. Hopkins, Jr., Director of Support Services
DATE: August 26, 2014
PURPOSE To authorize the de-commitment and transfer of funds from the restoration services project at the Windy Hill Community Center and return to the Risk Management Claims Fund.
BACKGROUND On February 11, 2014, the Board authorized a transfer of $80,000.00 from the Risk Management Claims fund to cover restoration and repairs at the Windy Hill Community Center which sustained damage on January 7, 2014, during the extreme cold weather. Property Management has completed the restoration project and is prepared to decommit the savings, in the amount of $16,194.45, to be returned to the Risk Management Claims Fund.
FUNDING Transfer from:380-450-4552-8005 (Windy Hill Restoration – Risk) $16,194.45Transfer to: 710-055-8011-6605 (Risk Management Claims Fund) $16,194.45
RECOMMENDATION To authorize the de-commitment and transfer of funds, in the amount of $16,194.45, from the restoration services project at the Windy Hill Community Center and return to the Risk Management Claims Fund; and further authorize the corresponding budget transactions.
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Agenda Item Number. 11
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Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 26, 2014
PURPOSE To approve the ranking of the three most qualified firms to develop the Marketing and Branding Strategy for South Cobb, in partnership with the South Cobb Redevelopment Authority,from qualified consultants obtained under RFP No. 14-5921 and authorize negotiations with the ranked firms.
BACKGROUND
In April of 2014, the Board of Commissioners and South Cobb Redevelopment Authority authorized the Community Development Agency to issue a Request for Proposals (RFP) to secure appropriate professional services to assist in the development of a marketing and branding strategy for South Cobb. This initiative will be accomplished as a partnership between Cobb County, the South Cobb Redevelopment Authority, and a number of community partners involved in economic development. Some of the goals for conducting the “South Cobb Marketing and Branding Strategy” include: • Creating a new identity for South Cobb that will aid in altering the misconceptions of the area. • Creating a sense of place in South Cobb through the creation of signage, brand identity, marketing materials, and an online process. • Marketing South Cobb to businesses and developers, both commercial and residential.
The marketing and branding strategy planning process is intended to involve community stakeholders who have vested interest in the viability of South Cobb and rebrand South Cobb showcasing the attributes the community has to offer in a manner that will serve the higher purpose of altering the false perceptions.
Comm. Dist. 4
Agenda Item Number. 12
Page 82 of 177
The marketing and branding strategy planning process, including data collection and analysis, shall consider, but not be limited to: • Community input • Area resources • Area attractions such as Six Flags, Riverside EpiCenter, Chattahoochee River, Mable House Amphitheater, etc. • Location and proximity to airports, interstates, railway facilities, etc. • Needs of the residents and business community • Educational resources
Request for Proposals using Selection Process 2 (Competitive Proposals) in the Policy for the Procurement of Professional Services, as amended by the Board on July 28, 2009 was used for this project. Nine (9) proposals were received and opened on May 22, 2014. The Cobb County Purchasing Department determined that seven (7) of the proposals were complete. The following individuals served on the selection committee for this project: Dana Johnson, Community Development; Holly Bass, Cobb Travel and Tourism, AikWah Leow, Communication, Dale Kaetzel, South Cobb Redevelopment Authority, and Darhyl Watkins, South Cobb Redevelopment Authority. Sabrina Young served as technical advisor. The selection committee reviewed the submittals and ranked the firms based on their qualifications. The committee ranked the firms in order as follows: • SLANT MEDIA, LLC • NORTHSTAR; and • THE CRAFTON GROUP.
IMPACT STATEMENT The budget for the project has not been calculated, but we assume that the total cost will exceed $100,000.00. The bid price from the top ranked firm is a range from $101,975.00 to $176,775.00, based upon services provided. A final cost of services will be determined in coordination with the final scope of work and contract.
FUNDING N/A
RECOMMENDATION The Board of Commissioners approve the ranking of the three most qualified firms to develop the Marketing and Branding Strategy for South Cobb, in partnership with the South Cobb Redevelopment Authority, and authorize negotiations for final scope of services and fee beginning with top ranked firm, SLANT MEDIA, LLC, utilizing Selection Process 2 (Competitive Proposals).
Agenda Item Number. 12
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Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 26, 2014
PURPOSE To consider approval of amendments to the Inventory of Redevelopment Sites as contained in the Cobb County Comprehensive Plan.
BACKGROUND In 2011, the Board of Commissioners approved an update to the Cobb County Inventory of Redevelopment Sites. This inventory is included as an appendix to the Cobb County Comprehensive Plan. Periodically, in order to ensure that the inventory is current, staff recommends additions and deletions to the inventory based upon changing market conditions. The inventory was last updated in February of 2014.
As part of the August 2014 update, 2955 Cobb Parkway will be recommended for removal from the inventory. This site has seen substantial investment from the property owner in recent years with new facades and new construction. It is now a thriving suburban plaza that is an excellent example of reinvestment in the retail environment.
FUNDING
N/A
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Agenda Item Number. 13
Page 84 of 177
RECOMMENDATION The Board of Commissioners approve amendments to the Inventory of Redevelopment Sites and incorporate updated redevelopment site map Appendix 20-C into the Cobb County Comprehensive Plan.
ATTACHMENTSAppendix 20-C
Agenda Item Number. 13
Page 85 of 177
49,50,51,52
§̈¦75
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23
25
1
2827
24
Marietta
Smyrna
Atlanta Rd
Roswell Rd
Old C
anton
Rd
Canton
Rd
Holt R
d
Windy Hill Rd
Lower Roswell Rd
Robinson RdAllgood Rd
Concord Rd
Franklin Rd
Roswell St
Sewell Mill Rd
South Marietta Pkwy
South Cobb Dr
Pat Mell Rd
Delk Rd
Atlanta St
Canton
Road C
onn
Old C
onco
rd R
d
Terrell
Mill Rd
Interstate N PkwyCherokee St
Paces Ferry Rd
North Marietta Pkwy
Hurt Rd
Spring Rd
Village Pkwy
Powder Springs St
Akers Mill Rd
Cumberland Blvd
Wood
lawn D
r
Scuf
flegr
it Rd
Cooper Lake Rd
Dodd
St
Atlanta Rd
South Cobb Dr
Lower Roswell Rd
South Cobb Dr
Sewell Mill Rd
Tax Abatement Program Redevelopment Sites
±0 1 2
Miles
Redevelopment Sites1. 1977 South Cobb Dr
23. 3300 Cobb Pkwy24. 3000 Windy Hill Rd.25. 3101 Cobb Pkwy27. 1275 Powers Ferry Rd28. 2900 Delk Rd49. 1360 Powers Ferry Rd50. 1360 Terrell Mill Rd51. 1410 Terrell Mill Rd52. 1480 Terrell Mill Rd
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Cobb County Community Development Agency Rob Hosack, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Rob Hosack, AICP, Director
This item has been electronically signed by:Rob Hosack, AICP, Director
DATE: August 26, 2014
PURPOSE To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding a proposed Annexation on 3.0 acres of land; known as 1435 Lockhart Drive in the City of Kennesaw.
BACKGROUND On July 27, 2004, the Board of Commissioners entered into intergovernmental agreements with each of Cobb’s municipalities. The agreements serve as the land use dispute resolution process required by HB 489. Per the intergovernmental agreements with the Cities of Acworth, Kennesaw, Marietta, Powder Springs, Smyrna, and Austell, the Board of Commissioners must adopt annexation responses by the County in order to be valid. On September 1, 2007, HB 2, which enacts a binding dispute-resolution process, became effective.
FUNDING N/A
RECOMMENDATION The Board of Commissioners adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding a proposed Annexation on 3.0 acres of Land Lot: 138, District: 20th, Parcel: 18, 2nd Section, Known as 1435 Lockhart Drive in the City of Kennesaw.
ATTACHMENTSBOC Response to the City of Kennesaw Annexation 1435 Lockhart Dr
Comm. Dist. 1
Agenda Item Number. 14
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Cobb County County Attorney's Office Deborah Dance, County Attorney
100 Cherokee Street, Suite 350 Marietta, Georgia 30090-7000 (770) 528-4000 / fax: (770) 528-4010
TO: David Hankerson, County Manager
FROM: Deborah Dance, County Attorney H. William Rowling, Jr., Deputy County Attorney
This item has been electronically signed by:Deborah Dance, County Attorney H. William Rowling, Jr., Deputy County Attorney
DATE: August 26, 2014
PURPOSE To authorize settlement of claim of Nathaniel Mashburn pursuant to the direction and within the terms as discussed in Executive Session on August 25, 2014.
BACKGROUND Legal counsel and Mr. Mashburn have negotiated a settlement. Counsel will prepare appropriate documentation consistent with the Board's direction as presented in Executive Session on August 25, 2014.
FUNDING Funding is available in account 710-055-8011-6608
RECOMMENDATION To authorize settlement of claim of Nathaniel Mashburn pursuant to the direction and within the terms as discussed in Executive Session on August 25, 2014, and authorize counsel to prepare and execute any necessary documents for the purpose of settling claim.
Comm. Dist.
Agenda Item Number. 15
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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, Division Manager
This item has been electronically signed by:Michael H.S. Hughes, AICP, Director
DATE: August 26, 2014
PURPOSE To approve a request from the City of Smyrna consenting to the terms of the First Amendment to the Development Agreement; to eliminate the deadline for the commencement of significant construction projects; to establish 2013 as the new base year for the calculating the Tax Allocation Increment for the Belmont Hills Redevelopment Project; and authorize the County Manager to send a letter to the City of Smyrna with respect to these matters.
BACKGROUND
In December 2003, Cobb County, the City of Smyrna and the Cobb County Board of Education entered into an Intergovernmental Agreement specifying the terms under which the County consented to the creation of a tax allocation district (the "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 in order 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,
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Agenda Item Number. 16
Page 93 of 177
and (b) extending the Commencement of Construction of Significant Projects deadline to December 31, 2014. In making this request, the City noted that the prolonged economic downturn has had an adverse effect on redevelopment projects throughout the country. This has created an environment in which financing for any development project, especially mixed-used, has become particularly challenging. This challenging environment most likely will affect the ability of this redevelopment project to meet the existing December 31, 2011 date for Commencement of Construction of Significant Projects. Staff has considered these factors and believes an adjusted deadline of December 31, 2013 that 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 consider as it relates to the Belmont Hill TAD: 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 Intergovernmental Agreement (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. This request was reviewed and based on the complexity of the issues associated with two of the three requests staff has determined that there is not sufficient time to properly assess the potential impacts of all the requests being made by the City of Smyrna at this time. In an effort to keep the County’s existing consent resolution (allowing the use of its tax increment) intact beyond the deadline of December 31, 2013 for this redevelopment project, staff recommended that the deadline for commencement of significant construction (Item #2 listed above) be extended to December 31, 2014 or the Board of Commissioners approve the extension of deadline for the commencement of the significant construction until December 19, 2014. It was determined that items #1 and #3 listed above could be addressed sometime during the calendar year 2014 after staff had an adequate amount of time to properly assess the potential impacts from these requests in order to determine what is in the best interest of the County. Consistent with this understanding, staff has reviewed the two remaining requests along with the justifications submitted by the City of Smyrna and based on our understanding of this information is recommending that they be approved. Furthermore, staff has investigated the development status of the project and has confirmed that land disturbance permits have been issued for portions of this project and that building plans have been submitted to the City of Smyrna for review and approval for one of the development pods associated with this project. Building permits for this portion of this project will be issued when the building plans are picked up by the developer/owner. Given our understanding of the current development status of the project, staff would also recommend that the current deadline (December 19, 2014) for the commencement of significant construction projects be eliminated at this time.
FUNDING N/A
RECOMMENDATION
The Board of Commissioners approve a request from the City of Smyrna consenting to the terms of the First Amendment to the Development Agreement; to eliminate the deadline for the commencement of significant construction projects; to establish 2013 as the new base year for
Agenda Item Number. 16
Page 94 of 177
the calculating the Tax Allocation Increment for the Belmont Hills Redevelopment Project; and approve the County Manager sending a letter to the City with respect to these matters.
ATTACHMENTSCity of Smyrna Request Letter Dated 12 10 2013
First Amendment to Development Agreement
Hankerson Letter to Cmyrna Dat 12 27 2013
Eric Tylor Letter to County Date 3 4 2014
Agenda Item Number. 16
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Cobb County Human Resources Tony Hagler, Director
100 Cherokee Street, Second Floor Marietta, Georgia 30090-9679 (770) 528-2564 / fax: (770) 528-2550
TO: David Hankerson, County Manager
FROM: Tony Hagler, Director
This item has been electronically signed by:Tony Hagler, Director
DATE: August 26, 2014
PURPOSE To approve the 2015 Holiday Schedule to be observed by employees and libraries of Cobb County.
BACKGROUND Each year the Board of Commissioners designates the holiday dates to be observed in the coming year. Cobb County has observed ten holidays for its employees in past years.
The attached schedules list those holidays for 2015 with proposed observance days for Cobb County offices and libraries.
IMPACT STATEMENT Not applicable.
FUNDING Not applicable.
RECOMMENDATION The Board of Commissioners approve the 2015 Holiday Schedule to be observed by employees and libraries of Cobb County.
ATTACHMENTS2015 Proposed Holiday Schedules
Comm. Dist.
Agenda Item Number. 17
Page 111 of 177
PROPOSED 2015 HOLIDAY SCHEDULE
New Years Thursday, January 1, 2015
Martin Luther King, Jr. Day Monday, January 19, 2015
Good Friday Friday, April 3, 2015
Memorial Day Monday, May 25, 2015
Independence Day Friday, July 3, 2015
Labor Day Monday, September 7, 2015
Thanksgiving Thursday, November 26, 2015
Friday, November 27, 2015
Christmas Thursday, December 24, 2015
Friday, December 25, 2015
PROPOSED 2015 HOLIDAY SCHEDULE
for PUBLIC LIBRARY SYSTEM
(Libraries close)
New Year’s Eve Wednesday, December 31, 2014 (close at 5pm)
New Years Thursday, January 1, 2015
Martin Luther King, Jr., Day Monday, January 19, 2015
Good Friday Friday, April 3, 2015
Memorial Day Monday, May 25, 2015
Independence Day Friday, July 3, 2015
Labor Day Monday, September 7, 2015
Thanksgiving Day Wednesday, November 25, 2015 (close at 5pm)
Thursday, November 26, 2015
Friday, November 27, 2015
Christmas Thursday, December 24, 2015 (close at 5pm)
Friday, December 25, 2015
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Cobb County Finance Department Jim Pehrson, CPA, Director/Comptroller
100 Cherokee Street, Suite 400 450 Marietta, Georgia 30090-9610 (770) 528-1503 / fax: (770) 528-1501
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: August 26, 2014
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. 18
Page 113 of 177
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 26th of August 2014
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Cobb County Finance Department Jim Pehrson, CPA, Director/Comptroller
100 Cherokee Street, Suite 400 450 Marietta, Georgia 30090-9610 (770) 528-1503 / fax: (770) 528-1501
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: August 26, 2014
PURPOSE To adopt the First Supplemental Approval Resolution pertaining to the Cobb County Kennestone Hospital Authority Revenue Anticipation Certificates (Cobb County Project), Series 2014, in order to ratify, confirm and approve, without limitation, the acceptance of the lowest responsive bid, the award of the sale to the lowest responsive bidder, and for the other related purposes.
BACKGROUND
At its July 22, 2014 meeting, the Board adopted a resolution the "Original Approval Resolution" the purpose of which was to authorize and approve, without limitation: (i) the issuance by the Kennestone Hospital Authority (the “Authority”) of not to exceed $6,500,000.00 of Cobb County Kennestone Hospital Authority Revenue Anticipation Certificates (Cobb County Project), Series 2014 in order to construct a new behavioral health center (the “Project”) to be subleased and operated by the Cobb County Community Services Board and pay issuance costs associated therewith; (ii) the Trust Indenture, the Intergovernmental Agreement, the Continuing Disclosure Certificate, the Preliminary Official Statement and the Official Notice of Sale, all in connection with the issuance of the Series 2014 Certificates, and thereby providing the County Board Approvals required under the Intergovernmental Agreement and the Trust Indenture with respect to the issuance of the Series 2014 Certificates and the document related thereto; (iii) certain “Certificate Pricing Parameters” for the payment terms of the Series 2014 Certificates to be determined by the competitive public sale of the Series 2014 Certificates; (iv) delegate to appropriate County officials the authority to approve the final payment terms of the Series 2014 Certificates within the approved Certificate Pricing Parameters and the authority to approve the final forms of the financing documents reflecting such final payment terms, including, without limitation, the Official Statement; (v) authorizing the execution of the aforesaid documents and other necessary or appropriate documents on behalf of the County by appropriate County officials; and (vi) for other related in connection with the issuance and competitive sale of the Certificates. On August 20, 2014, the County, with the assistance of its Financial Advisor, conducted the competitive sale and awarded the sale of the Series 2014 Certificates to the lowest responsive bidder in conformance with the Certificate Pricing Parameters of the Approval Resolution. Accordingly, it is requested that the Board of Commissioners adopt the First Supplemental Approval Resolution supplementing the Original
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Agenda Item Number. 19
Page 115 of 177
Approval Resolution (as so supplemented thereby, the “Approval Resolution”) ratifying, authorizing and approving, inter alia, (i) the issuance and sale of the Authority's Series 2014 Certificates in the original aggregate principal amount not to exceed $6,500,000.00, pursuant to the terms and conditions of the Approval Resolution, (ii) the acceptance of the lowest responsive bid for the purchase of the Series 2014 Certificates pursuant to the terms of, and within the parameters established by, the Approval Resolution, and thereby approving the final terms of the Certificates, including, without limitation, the original aggregate principal amount, the maturity dates, the interest rate on and principal amount of each maturity date, and the redemption terms, (iii) the execution and delivery of the acceptance of such winning bid, (iv) the preparation, execution, delivery, distribution and use of an Official Statement for the Series 2014 Certificates, and (v) the preparation, execution and delivery of other necessary or appropriate documents, (vi) the execution of the aforesaid documents by the Chairman and other appropriate County officials, and (vii) other matters related thereto.
IMPACT STATEMENT Per a lease approved by the Board of Commissioners on May 27, 2014, for the use and rent of the Premises during the first twenty (20) years of the initial Term hereof, Tenant agrees to pay to Landlord, c/o Finance Department, 100 Cherokee Street, Suite 400, Marietta, Georgia 30090-7003, or at such other address or addresses as may be designated in writing from time to time by Landlord, rental in the amount equal to the sum of (a) the costs to issue, and the debt service to, retire the bonds issued in connection with this project by the Kennestone Hospital Authority, and any costs above such bond amount incurred by Tenant to construct the Improvements (as defined in Section 7.1 of lease agreement) to the Land, both amortized over the 20-year initial Term; and (b) the cost incurred by Landlord to maintain and repair the Premises, initially estimated to be $29,195.00 per year, as adjusted pursuant to Section 8.4 of the lease agreement. The County in turn will use these monthly rental payments for payment to the Authority for the servicing of the debt.
FUNDING No allocation of funds is required. Issuance costs will be paid from Certificate proceeds and on-going administration costs will be budgeted.
RECOMMENDATION The Board of Commissioners adopt the First Supplemental Approval Resolution supplementing the Original Approval Resolution (as so supplemented thereby, the "Approval Resolution") authorizing inter alia, (i) the issuance and sale of its Series 2014 Certificates in the original aggregate principal amount not to exceed $6,500,000.00 pursuant to the terms and conditions of the Approval Resolution, (ii) the acceptance of the lowest responsive bid for the purchase of the Series 2014 Certificates pursuant to the terms of, and within the parameters established by, the Approval Resolution, and thereby approving the final terms of the Certificates, including, without limitation, the original aggregate principal amount, the maturity dates, the interest rate on and principal amount of each maturity date, and the redemption terms, (iii) the execution and delivery of the acceptance of such winning bid, (iv) the preparation, execution, delivery, distribution and use of an Official Statement for the Series 2014 Certificates, (v) the preparation, execution and delivery of the other necessary or appropriate documents, (vi) the execution of the aforesaid documents by the Chairman and other County officials, and (vii) other matters related thereto.
ATTACHMENTSThe First Supplemental Resolution will be provided under separate cover
Agenda Item Number. 19
Page 116 of 177
UNDER SEPARATE COVER ATTACHMENT
The First Supplemental Resolution will be provided under separate cover on the day of the meeting.
Page 117 of 177
Superior Court of Cobb County Tom Charron, Court Administrator
30 Waddell Street Marietta, Georgia 30090 (770) 528-1800
TO: David Hankerson, County Manager
FROM: Tom Charron, Court Administrator
This item has been electronically signed by:Tom Charron, Court Administrator
DATE: August 26, 2014
PURPOSE To authorize a donation from the Cobb County Family Law Workshop to the Cobb Justice Foundation.
BACKGROUND On July 23, 2014 the Family Law Workshop Committee voted to make a $2,500.00 donation to the Cobb Justice Foundation. This volunteer organization, which is a part of the Cobb County Legal Aid office, is continually providing assistance to individuals in domestic relations cases which is one of the main goals of the Family Law Workshop.
FUNDING FY14 funding of $2,500 is available in Family Law Workshop funds to cover the expense of the donation.
RECOMMENDATION The Board of Commissioners authorize the Cobb County Family Law Workshop to donate $2,500.00 to the Cobb Justice Foundation.
Comm. Dist.
All
Agenda Item Number. 20
Page 118 of 177
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: August 26, 2014
PURPOSE To approve the minutes of the following meetings: August 11, 2014 - Special Called Meeting/Agenda Work Session August 12, 2014 - Regular Meeting of the Board August 19, 2014 - Special Called Meeting/Public Hearing on the FY2015 Budget August 19, 2014 - BOC Zoning Hearing (provided under separate cover)
ATTACHMENTSAgenda Work Session Minutes
Regular Meeting Minutes
Public Hearing Minutes
Comm. Dist.
All
Agenda Item Number. 21
Page 119 of 177
MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 11, 2014
9:00 A.M.
Upon notice duly advertised, the Cobb County Board of Commissioners attended
a Special Called Meeting/Agenda Work Session on Monday, August 11, 2014 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 Board’s August 26, 2014 agenda. Present and comprising a quorum of the
Board were:
Chairman Tim Lee
Commissioner JoAnn Birrell
Commissioner Helen Goreham
Not Present: Commissioner Bob Ott
Commissioner Lisa Cupid
No official action was taken by the Board.
ADJOURNMENT
The discussion concluded at 9:19 a.m.
_____________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 120 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
9:00 A.M.
The Regular Meeting of the Cobb County Board of Commissioners was held on
Tuesday, August 12, 2014 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 9:05 a.m.
2. PRESENTATION OF PLAQUE TO GEORGE DAVIS BY THE RELAY
FOR LIFE ORGANIZATION
Mr. George Davis of Parks, Recreation, and Cultural Affairs, was presented with
a plaque by representatives of the Relay for Life organization, in appreciation of his many
years of outstanding dedication and support to the annual Relay for Life event at Jim
Miller Park.
3. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT TO DANSBY
SWANSON
Commissioner Goreham presented a certificate of achievement to Dansby
Swanson, for his athletic achievements on the baseball team at Vanderbilt University.
4. PRESENTATION OF CERTIFICATES OF ACHIEVEMENT TO EVAN
PEARSON AND ELLIS PEARSON FOR ATTAINING THE RANK OF
EAGLE SCOUT
Commissioner Goreham presented certificates of achievement to Evan and Ellis
Pearson, for attaining the rank of Eagle Scout.
NOTE: By general consensus of the Board, the following agenda item was moved
forward on the agenda.
5. CONSIDERATION OF REQUEST FOR CONTINUANCE REGARDING
THE COBB COUNTY ALCOHOL PERMIT FOR KRISTEN BROADWAY
Mr. Sam Hensley, Jr., attorney for the License Review Board and the Business
License Division, informed the Board that Ms. Broadway had requested a continuance.
Ms. Broadway addressed the Board, stating that her witness was unable to be present for
this hearing, and asked for a continuance.
MOTION: Motion by Birrell, second by Ott, to continue until the Board’s next day
meeting on September 9, 2014 at 9:00 a.m., the hearing for Ms. Kristen Broadway
regarding her application for a Cobb County Alcohol Permit.
VOTE: ADOPTED unanimously
Page 121 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 2
6. PRESENTATION OF THE PROPOSED FY2015 BUDGET
Mr. Bill Volckman, Associate Comptroller, reviewed a PowerPoint presentation
on the proposed FY2015 budget. A copy of the information presented is attached and
made a part of these minutes.
No official action was taken by the Board.
NOTE: Commissioner Birrell departed the meeting at 9:38 a.m.
7. COMMUNITY DEVELOPMENT AGENCY
7A. CONDUCT OF PUBLIC HEARING PRIOR TO EMPLOYING AN
INDEPENDENT CONSULTANT OR CONSULTING FIRM
WHERE CONTRACT FEES MAY EXCEED $100,000.00 FOR
DEVELOPMENT OF A MARKETING AND BRANDING
STRATEGY FOR SOUTH COBB - COMMUNITY
DEVELOPMENT
Mr. Dana Johnson, Deputy Director of Community Development,
provided information on the development of a marketing and branding strategy
for South Cobb.
Chairman Lee opened the Public Hearing and asked those persons wishing
to speak to come forward. Mr. Lawrence King addressed the Board:
There being no further public speakers, the Public Hearing was closed.
No official action was taken by the Board.
8. PUBLIC COMMENT – MR. LANCE LORUSSO
Mr. Lance Lorusso addressed the Board regarding issues related to public safety.
9. PUBLIC COMMENT – MS. MARY ROSE BARNES
Ms. Mary Rose Barnes addressed the Board regarding the proposed code
amendments.
Page 122 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 3
10. CONSENT AGENDA
MOTION: Motion by Lee, second by Goreham, to approve the following items
on the Consent Agenda, as revised and with the exception of Consent Item 8 (see
10H of these minutes), and authorize execution of the necessary documents by
the appropriate County personnel
WATER SYSTEM AGENCY
Business Services
10A. APPROVAL OF UNIT PRICE CONTRACT WITH RWRS-EAST,
LLC FOR FY15 LARGE WATER METER TESTING AND
CALIBRATION SERVICES - WATER SYSTEM
To approve a unit price contract with RWRS-East, LLC, in the amount of
$195,434.20, for FY15 Large Water Meter Testing and Calibration
Services, Program No. MZA2015; authorize the corresponding budget
transactions; and further authorize the Chairman to execute the
necessary documents.
Funding is available in the Water System’s CIP Budget as follows:
Transfer from:
Water RE&I-Meter Installations
Preliminary Estimates 510-500-5751-8005 MAPPR-Z $195,434.20
Transfer to:
Large Water Meter Testing and Calibration
Meter Repair Service 510-500-5751-6502 MZA2015-M $195,434.20
Engineering
10B. APPROVAL OF CONSTRUCTION CONTRACT WITH RAY
CAMPBELL CONTRACTING CO., INC. FOR THE ADDISON
HEIGHTS PHASE 1 WATER MAIN REPLACEMENT - WATER
SYSTEM
To approve a construction contract with Ray Campbell Contracting Co.,
Inc., in the amount of $925,970.00, for Addison Heights Phase 1 Water
Main Replacement, Program No. W2263; authorize the corresponding
budget transactions; and further authorize the Chairman to execute the
necessary documents.
Funding is available in the Water System’s CIP Budget as follows:
Transfer from:
Addison Heights Phase 1 Water Main Replacement
Preliminary Estimates 510-500-5754-8005 W2263-Z $959,120.00
Transfer to:
Addison Heights Phase 1 Water Main Replacement
Construction 510-500-5754-8260 W2263-C $925,970.00
Interest Expense on Retainage 510-500-5754-6613 W2263-A $4,630.00
Meter Replacement 510-500-5754-8456 W2263-M $10,000.00
Contingency 510-500-5754-8810 W2263-T $18,520.00
Total $959,120.00
Page 123 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 4
10. CONSENT AGENDA (CONT.)
WATER SYSTEM AGENCY (CONT.)
Engineering (cont.)
10C. APPROVAL OF WORK ORDER UNDER THE UNIT PRICE
CONTRACT FOR WATER, SEWER, AND MISCELLANEOUS
SERVICES WITH D & H CONSTRUCTION COMPANY, INC.
FOR THE 371 PAT MELL ROAD SERVICE LINE - WATER
SYSTEM
To approve a work order under the Unit Price Agreement for Water,
Sewer, and Miscellaneous Services with D & H Construction Company, in
the amount of $60,446.00, for the 371 Pat Mell Road Service Line,
Program No. W2289; authorize the corresponding budget transactions;
and further authorize the Chairman to execute the necessary documents.
Funding is available in the Water System’s CIP Budget as follows:
Transfer from:
Unidentified New/Replacement Water Mains
Preliminary Estimates 510-500-5754-8005 W1503-Z $62,946.00
Transfer to:
371 Pat Mell Road Service Line
Construction 510-500-5754-8260 W2289-C $60,446.00
Interest Expense on Retainage 510-500-5754-6613 W2289-A 300.00
Meter Replacements 510-500-5754-8456 W2289-M 1,000.00
Contingency 510-500-5754-8810 W2289-T 1,200.00
Total $62,946.00
Stormwater
10D. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO AN
AGREEMENT WITH THE NORTH LANDING HOMEOWNERS
ASSOCIATION, INC. FOR THE PURCHASE OF FLOOD
STORAGE VOLUME IN NORTH LANDING LAKE - WATER
SYSTEM
To approve Supplemental Agreement No. 1 providing a time extension
through August 12, 2017, to an agreement with the North Landing
Homeowners Association, Inc. for the purchase of flood storage volume in
North Landing Lake, Program No. SW1170; authorize the corresponding
budget transactions; and further authorize the Chairman to execute the
necessary documents.
TRANSPORTATION AGENCY
Administration
10E. AUTHORIZATION TO CREATE A PEDESTRIAN
ENHANCEMENT DISTRICT IN THE CUMBERLAND
COMMUNITY IMPROVEMENT DISTRICT –
TRANSPORTATION
To authorize the creation of a Pedestrian Enhancement District in the
Cumberland Community Improvement District (CCID).
Page 124 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 5
10. CONSENT AGENDA (CONT.)
TRANSPORTATION AGENCY (CONT.)
Administration (cont.)
10F. AUTHORIZATION TO CREATE 12 NEW STREET LIGHT
DISTRICTS – TRANSPORTATION
To authorize the creation of 12 new Street Light Districts as follows:
Commission
District Street Light District Name Type
Monthly
Rate
1 Cloverhurst Residential $3.50
4 Creekside Manor Residential $3.50
3 Latimer Cove Residential $3.50
3 Lexford Residential $3.50
4 Liberty Woods Residential $3.50
3 Madison Hall Residential $3.50
3 Northampton, Unit A-1, Phases I and II Residential $3.50
1 Silveroak, Unit II Residential $3.50
3 Spencers Mill, Unit I, Phase V Residential $3.50
2 The Enclave at Vinings, Units I and II Residential $3.50
4 Winward Forest, Phase VI Residential $3.50
3 Williams Road Residential $3.50
10G. 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 TWO PARCELS ON WINDY HILL
ROAD (EAST) – 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 two parcels on Windy Hill Road (East), Project No.
E4020; adopt a Resolution and Order for each parcel, as approved by the
County Attorney's Office; and further authorize the Chairman to execute
the necessary documents.
Parcel No. 51
Interstate North Office 19,192.65 sq. ft. fee simple right-of-way
Park, LP and Interstate 204.35 sq. ft. perm. drainage easement
North Office Park (Land), 4,553.01 sq. ft. temp. wall easement
LP 2,874.49 sq. ft. temp. const. easement
340 Interstate North Pkwy. 914.76 sq. ft. driveway easement
Suite 340
Atlanta, GA 30339
Parcel No. 54
Sporting Club at Windy 732.63 sq. ft. fee simple right-of-way
Hill, LLC 973.80 sq. ft. temp. const. easement
3611 N. Kedzie Avenue 914.76 sq. ft. driveway easement
Chicago, IL 60618
Page 125 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 6
10. CONSENT AGENDA (CONT.)
TRANSPORTATION AGENCY (CONT.)
Administration (cont.)
10H. WITHDRAWAL OF REQUEST TO PROCEED WITH
CONDEMNATION PROCEEDINGS ON TWO PARCELS ON
WALKER DRIVE EXTENSION – TRANSPORTATION
The request for determination that circumstances are such that it is
necessary to proceed with condemnation on two parcels on Walker Drive
Extension was withdrawn from this agenda.
Airport
10I. APPROVAL OF LEASE AMENDMENT NO. 5 TO THE
HAWTHORNE GLOBAL AVIATION SERVICES, LLC SOUTH
FIXED BASED OPERATOR LEASE AND OPERATING
AGREEMENT FOR THE FUNDING OF THE CONSTRUCTION
OF THE CUSTOMS INSPECTION FACILITY AT COBB COUNTY
AIRPORT-MCCOLLUM FIELD – TRANSPORTATION
To approve Lease Amendment No. 5 to the Hawthorne Global Aviation
Services, LLC, South Fixed Based Operator Lease and Operating
Agreement for the funding of the construction of the Customs Inspection
Facility at Cobb County Airport-McCollum Field; and authorize the
Chairman to execute the necessary documents.
Transit
10J. AUTHORIZATION TO PROCURE PROFESSIONAL SERVICES
FOR MARKETING AND OUTREACH OF THE COBB
COMMUNITY TRANSIT FLEX ZONE TRANSIT SERVICE
PILOT PROGRAM – TRANSPORTATION
To authorize the procurement of professional services from Veolia
Transportation, Inc., for marketing and outreach of the Cobb Community
Transit Flex Zone transit service pilot program; and further authorize the
corresponding budget transactions.
Funding: Federal and local funding is available in the Transit Division’s FY14 Operating
Budget with the following budget transfer:
Transfer from: 200-050-4802-4802-6327 (Operator Service Fees) $49,950.00
Transfer to: 200-050-4802-4802-6326 (Professional Services) $49,950.00
Page 126 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 7
10. CONSENT AGENDA (CONT.)
PUBLIC SERVICES AGENCY
Elections and Registration
10K. AUTHORIZATION TO CHANGE PRECINCT BOUNDARIES DUE
TO RECENT ANNEXATIONS – ELECTIONS AND
REGISTRATION
To authorize the following changes to existing precinct boundary lines,
due to recent annexations in Kennesaw 3A, Marietta 2B, Marietta 7A,
Smyrna 3A, and Smyrna 7B to be in effect September 19, 2014.
KENNESAW 3A
Property located at 1650 Cobb Parkway NW consisting of 52.311 +/-
acres; Land District 20, Land Lots 207, 208, 211, and 212, Parcel 6.
MARIETTA 2B
Property located at 759 Lowell Drive consisting of 0.41 +/- acres; Land
District 17, Land Lot 9, Parcel 19.
MARIETTA 7A
Property located at 1803 Lower Roswell Road consisting of 1.033 +/-
acres; Land District 16, Land Lot 1207, Parcel 1.
SMYRNA 3A
Property located at 1123 Park Drive consisting of .4293 +/- acres; Land
District 17, Land Lot 492, Parcel 57.
Property located at 2201 Dixie Avenue consisting of 1.21 +/- acres; Land
District 17, Land Lot 492, Parcel 34.
Property located at 2267 Dixie Avenue consisting of .7 +/- acres; Land
District 17, Land Lot 492, Parcel 58.
SMYRNA 7B
Property located at 1514 Pebblebrook Road consisting of 1.53 +/- acres;
Land District 17, Land Lot 543, Parcel 2.
Property located at 1401 and 1445 Pebblebrook Road consisting of 2.26
+/- acres; Land District 17, Land Lot 543, Parcel 6 and 7.
Page 127 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 8
10. CONSENT AGENDA (CONT.)
SUPPORT SERVICES AGENCY
Information Services
10L. AUTHORIZATION TO PURCHASE SERVERS AND RELATED
SOFTWARE FOR THE UPGRADE OF THE FINANCIAL AND
HUMAN RESOURCES APPLICATIONS – INFORMATION
SERVICES
To authorize the purchase of servers and related software under the
provisions of a Georgia Statewide Contract for IBM Servers, Storage, and
Related Services for the upgrade to Cobb County’s financial and human
resources applications.
Funding is available in the Capital Projects Fund 380 as follows:
380-035-4583-8420 $116,500.00
Property Management
10M. APPROVAL OF CONSTRUCTION MANAGER-AT-RISK
CONTRACT WITH YLH CONSTRUCTION COMPANY, INC.
FOR CONSTRUCTION OF A NEW CUSTOMS INSPECTION
FACILITY AT COBB COUNTY AIRPORT-MCCOLLUM FIELD -
PROPERTY MANAGEMENT
To approve a Construction Manager-at-Risk contract with YLH
Construction Company, Inc., in an amount not to exceed $799,241.00, for
construction of a new Customs Inspection Facility at Cobb County
Airport–McCollum Field, MIS Contract No. 000760; authorize the
procurement of furnishings for the same, in an amount not to exceed
$35,000, Project No. TR467; authorize the corresponding budget
transactions; and further authorize the Chairman to execute the
necessary documents.
Funding: Appropriate receipt of revenue from Hawthorne Global
Aviation Services, LLC, to the Capital Projects Fund as follows:
Increase Revenue Appropriation:
380-050-4620-4918-TR467-C (Developer Contrib) $834,241.00
Increase Expenditure Appropriation:
380-050-4620-8125-TR467-C (Const-New Bldgs) $799,241.00
380-050-4620-8460-TR467-C (Office Furniture) $ 35,000.00
Page 128 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 9
10. CONSENT AGENDA (CONT.)
SUPPORT SERVICES AGENCY (CONT.)
Property Management (cont.)
10N. APPROVAL OF FUNDING FOR RENOVATION OF VACANT
SPACE LOCATED AT POWDER SPRINGS STATION FOR THE
RELOCATION OF PUBLIC SAFETY’S INTERNAL AFFAIRS
DEPARTMENT - PROPERTY MANAGEMENT
To approve funding, in an amount not to exceed $370,000.00, for
renovation of vacant space located at Powder Springs Station, 1150
Powder Springs Street, Suite 300, for the relocation of Public Safety’s
Internal Affairs Department; and authorize the corresponding budget
transactions.
Funding is available through a fund balance appropriation in the General Fund and a
subsequent transfer to the project in the Capital Projects Fund as follows:
Increase Revenue: 010-014-0140-4980 (GF Fund Balance Appr.) $370,000.00
Increase Expenditure: 010-014-0140-6594 (Transfers Out) $370,000.00
Increase Revenue 380-450-TBD-4960 (Project Transfers In) $370,000.00
Increase Expenditure: 380-450-TBD-8110 (Building Renovations) $270,000.00
Increase Expenditure: 380-450-TBD-8460 (Office Furniture) $100,000.00
10O. RATIFICATION OF PREVIOUS AUTHORIZATION BY THE
COUNTY MANAGER FOR PAYMENT TO GEORGIA MASTER
PLUMBING FOR EMERGENCY SANITARY SEWER REPAIRS
AND APPROVAL OF CONTRACT WITH HEARING PLUMBING
FOR RELOCATION OF THE SANITARY SEWER LINE AT THE
SMYRNA HEALTH FACILITY - PROPERTY MANAGEMENT
To ratify previous authorization by the County Manager for payment to
Georgia Master Plumbing, in the amount of $16,905.00, for emergency
sanitary sewer repairs; and approve a contract with Hearing Plumbing, in
the amount of $29,050.00, for relocation of the sanitary sewer line at the
Smyrna Health Facility, located at 3830 South Cobb Drive, Smyrna.
Funding is available in the Property Management operating budget.
PUBLIC SAFETY AGENCY
Police
10P. AUTHORIZATION TO AMEND THE PUBLIC AUCTION
PROCESS FOR FORFEITED FIREARMS TO INCLUDE THE
OPTION TO USE AN ELECTRONIC ONLINE AUCTION BY A
LICENSED FEDERAL FIREARMS DEALER – POLICE
To authorize the Police Department to amend the public
auction process for forfeited firearms to include the option to use an
electronic online auction by a Licensed Federal Firearms Dealer; authorize
future electronic online public firearm auctions as required by O.C.G.A.
17-5-52.1; and further authorize the Police Chief or his designee to
transfer the firearms to winning bidders at the conclusion of all auctions.
Funding: Funds from any electronic online public auction will be
appropriated as previously approved by the BOC per the March 25, 2014
agenda item.
Page 129 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 10
10. CONSENT AGENDA (CONT.)
PUBLIC SAFETY AGENCY (CONT.)
Fire and Emergency Services (cont.)
10Q. APPROVAL OF AGREEMENT OF MUTUAL AID WITH THE
CITY OF ATLANTA FOR FIRE, EMERGENCY, RESCUE, AND
SUPPORT SERVICES - FIRE AND EMERGENCY SERVICES
To approve an Agreement of Mutual Aid with the City of Atlanta, for
fire, emergency, rescue, and support services; and authorize the Chairman
to execute the necessary documents.
10R. AUTHORIZATION TO PURCHASE A REPLACEMENT RESCUE
BOAT AND TRANSPORT TRAILER - FIRE AND EMERGENCY
SERVICES
To authorize Fire and Emergency Services to purchase a replacement
Rescue Boat and Transport Trailer, in an amount not to exceed
$62,000.00, authorize the corresponding budget transactions, and further
authorize the Chairman to execute the necessary documents.
Funding is available in the Fire Fund's Fund Balance with the following:
Increase revenue: 230-130-1000-
4980
(Fund Balance-Des.
Appropriation) $62,000.00
Increase
expenditure:
230-130-1000-
8490 (Other Machinery & Equipment) $62,000.00
COMMUNITY DEVELOPMENT AGENCY
Administration
10S. APPROVAL OF SPECIAL FESTIVAL PERMIT FOR RIVERSIDE
EPICENTER FOR THE SOUTH COBB BBQ AND BLUES FEST
SUBJECT TO COMMUNITY DEVELOPMENT’S APPROVAL OF
A PLAN - COMMUNITY DEVELOPMENT
To approve a special festival permit to Riverside EpiCenter for the South
Cobb BBQ and Blues Fest to be held October 10-11, 2014, subject to the
informational package submitted, and subject to Community
Development's approval of a plan.
Planning Division
10T. AUTHORIZATION TO ACCEPT A SCHOLARSHIP FROM THE
GEORGIA DEPARTMENT OF NATURAL RESOURCES,
HISTORIC PRESERVATION DIVISION TO SEND A STAFF
MEMBER TO THE NATIONAL HISTORIC PRESERVATION
CONFERENCE IN SAVANNAH, GA - PLANNING DIVISION
To authorize acceptance of a scholarship from the Georgia Department of
Natural Resources, Historic Preservation Division, in the amount of
$1,000.00, to send a staff member to the National Historic Preservation
Conference in Savannah, GA; and further authorize the Chairman to
execute the necessary documents.
Funding is available from the FY14 and anticipated FY15 Community
Development budgets to cover expenses for the scholarship and the local
match.
Page 130 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 11
10. CONSENT AGENDA (CONT.)
COMMUNITY DEVELOPMENT AGENCY (CONT.)
Planning Division (cont.)
10U. ADOPTION OF ANNEXATION RESPONSE PER HB489
INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING
A PROPOSED ISLAND ANNEXATION IN THE CITY OF
AUSTELL - PLANNING DIVISION
To adopt an annexation response per HB 489 Intergovernmental
Agreement and HB 2 regarding a proposed Island Annexation on 0.4 acres
of Land; Lot 142, District 18th
, 2nd
Section, Known as 6059 Mulberry
Street in the City of Austell. A copy of said response is attached and made
a part of these minutes.
Business License Division
10V. AFFIRMATION OF DECISION BY THE LICENSE REVIEW
BOARD TO APPROVE THE BEER AND SUNDAY SALES
POURING LICENSE FOR JULIAN PINEDA D/B/A BANDIDO
WINGS, JULIAN PINEDA, LICENSEE - BUSINESS LICENSE
DIVISION
To affirm the July 24, 2014 decision by the License Review Board to
approve the beer and Sunday sales pouring license for Julian Pineda d/b/a
Bandido Wings, 371 Pat Mell Road, Suite 137, Marietta, Georgia 30060,
Julian Pineda, licensee.
ECONOMIC DEVELOPMENT
10W. APPROVAL OF AMENDMENT TO THE CURRENT
AGREEMENT WITH COBBWORKS, INC. – ECONOMIC
DEVELOPMENT
To approve an Amendment to the current Agreement with CobbWorks,
Inc., to include the attached Exhibit G, and further authorize the
Chairman to execute the necessary documents. A copy of the Amendment
is attached and made a part of these minutes.
Page 131 of 177
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AUGUST 12, 2014
PAGE 12
10. CONSENT AGENDA (CONT.)
ECONOMIC DEVELOPMENT (CONT.)
10X. APPROVAL OF AMENDMENT TO THE CURRENT GRANT
ADMINISTRATION AGREEMENT WITH W. FRANK NEWTON,
INC. FOR ADMINISTRATIVE SERVICES FOR GRANT
PROGRAMS RECEIVED FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT AND OTHER
FEDERAL AND STATE SOURCES TO EXTEND THE TERM OF
THE AGREEMENT AND ESTABLISH A FEE SCHEDULE -
ECONOMIC DEVELOPMENT
To approve an Amendment to the current Grant Administration
Agreement with W. Frank Newton, Inc. for the provision of administrative
services for HUD and other federal and state grant programs that will
exercise the second one-year option period and extend the term of the
Agreement through September 30, 2015; establish fees for scope of the
extended term; authorize the corresponding budget transactions; and
further authorize the Chairman to execute the necessary documents. A
copy of Third Amendment to Grant Administration Agreement is attached
and made a part of these minutes.
Funding: The contract fees for administration of HUD and other federal
and state grant programs are paid entirely with grant funds. No monies
from the County’s general fund are used. The addition or deletion of grant
funds/programs received by the County may result in changes to contract
fees to include the possible termination of the grant agreement in the event
HUD grant funding is no longer provided. Funding for administrative fees
will be included in each of the budgets for the various grant programs
being administered.
Community Development Block Grant (CDBG)
10Y. AMENDMENT OF PROGRAM YEAR 2012 AND 2013 ANNUAL
ACTION PLANS TO REALLOCATE CDBG FUNDS FROM THE
EXTENSION PARKING LOT REPLACEMENT PROJECT AND
THE EXTENSION ENERGY EFFICIENT PROJECT TO THE
EXTENSION REHABILITATION PROJECT – CDBG
To authorize amendment of Program Year 2012 and 2013 Annual Action
Plan to reallocate Community Development Block Grant funds from the
Extension Parking Lot Replacement Project and the Energy Efficient
Improvements to the Extension Rehabilitation Project, in the amount of
$10,053.00; authorize the corresponding budget transactions; and further
authorize the Chairman to execute the necessary documents.
Funding: The following budget appropriations account for the transfer of CDBG funds
allocated for the Extension Parking Lot Replacement and the Energy Efficient Projects to
the Rehabilitation Project:
Transfer from: 285-390-CD12-C12BE-F-6574 Extension Parking Lot
Replacement Project $7,460.00
Transfer to: 285-390-CD12-C12BM-F-6574 Extension Men’s Facility
Rehabilitation Project $7,460.00
Transfer from: 285-390-CD12-C12BF-F-6574 Extension Energy Efficiency
Improvements $2,593.00
Transfer to: 285-390-CD12-C12BM-F-6574 Extension Men’s Facility
Rehabilitation Project $2,593.00
Page 132 of 177
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AUGUST 12, 2014
PAGE 13
10. CONSENT AGENDA (CONT.)
FINANCE
10Z. AUTHORIZATION TO MAKE BUDGET TRANSACTIONS AS
NECESSARY FOR THE FINAL CLOSE-OUT OF THE FY2014
BUDGETS OF THE GENERAL FUND, OTHER OPERATING
FUNDS, AND THE 800 MHZ RADIO CAPITAL FUND – FINANCE
To authorize all budget transactions necessary for the final close-out of
the FY 2014 budgets of the General Fund, the other operating funds, and
the 800 MHz Radio Capital Fund, and direct the County Manager to
review and bring these transactions before the Board of Commissioners
for final approval at a later date.
Funding: As necessary for the FY 2014 year-end close-out of the General
Fund, the other operating funds and the 800 MHz Radio Capital Fund:
Increase/Decrease Revenue Appropriations to match actual receipts.
Increase/Decrease Expenditure Appropriations to match actual
expenditures.
Increase Fund Balance/Retained Earnings Appropriations to prevent
deficits.
10AA. 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.
JUVENILE COURT
10BB. AUTHORIZATION TO ACCEPT GRANT FUNDS FROM THE
GEORGIA COURT APPOINTED SPECIAL ADVOCATES, INC.
FOR THE JUVENILE COURT’S COURT APPOINTED SPECIAL
ADVOCATES PROGRAM – JUVENILE COURT
To authorize the acceptance of grant funds from Georgia Court
Appointed Special Advocates, Inc., in the amount of $51,335.16, for the
grant period July 1, 2014 to June 30, 2015, and further authorize the
corresponding budget transactions.
Funding: The funding will be appropriated in the Grant Fund as follows:
Increase revenue: 270-190-G583-4508 (GA CASA Grant) $51,335.16
Increase expenditure: 270-190-G583-6012 (Salaries) $51,335.16
Page 133 of 177
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AUGUST 12, 2014
PAGE 14
10. CONSENT AGENDA (CONT.)
DISTRICT ATTORNEY
10CC. AUTHORIZATION TO ACCEPT THE 2014-2015 CONTRACT
WITH THE GEORGIA DEPARTMENT OF HUMAN SERVICES
FOR CHILD SUPPORT SERVICES – DISTRICT ATTORNEY
To authorize the acceptance of the 2014-2015 Contract with the Georgia
Department of Human Services and the Cobb Judicial Circuit District
Attorney, in the amount of $1,020,080.02; authorize the transfer of all
authorized personnel from Unit G364 to Unit G365 in the Grant Fund; and
further authorize the corresponding budget transactions.
Funding is available in the Child Support Grant which will be
appropriated as follows:
Increase Revenue:
270-170-G365-4433 (Federal Child Support) $ 673,252.81
270-170-G365-4452 (State Child Support) $ 279,309.46
270-170-G365-4960 (FY 14 Local Match) $ 16,879.44
270-170-G365-4960 (FY 15 Local Match) $ 50,638.31
$1,020,080.02
Increase Expenditure:
270-170-G365-Personel Services $ 992,884.46
270-170-G365-Operating $ 27,195.56
$1,020,080.02
TAX COMMISSIONER
10DD. AUTHORIZATION TO WRITE OFF 2008, 2009, AND 2010
PROPERTY TAXES FROM THE TAX DIGEST FOR COLOR
SPECTRUM NETWORK, INC. – TAX COMMISSIONER
To authorize the Tax Commissioner to write off 2008, 2009 and 2010
property taxes from the tax digest for Color Spectrum Network, Inc.,
parcel P031282, in the amount of $101,531.50, per order of the U. S.
District Bankruptcy Court.
COUNTY CLERK
10EE. APPROVAL OF MINUTES – COUNTY CLERK
To approve the minutes of the following meetings:
July 17, 2014 – Public Information Meeting on Proposed 2016 SPLOST
July 21, 2014 – Special Called Meeting/Agenda Work Session
July 21, 2014 – Special Called Meeting/Second Public Hearing on 2016
SPLOST
July 22, 2014 – Special Called Meeting/Work Session
July 22, 2014 – Regular Meeting of the Board
CONSENT VOTE: ADOPTED 4-0, Commissioner Birrell not present
Page 134 of 177
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AUGUST 12, 2014
PAGE 15
11. TRANSPORTATION AGENCY
Administration
11A. APPROVAL OF REVISED BUDGET AND SCHEDULE FOR THE
2005 TRANSPORTATION IMPROVEMENTS PROGRAM
FUNDED PRIMARILY BY THE 2005 SPECIAL PURPOSE LOCAL
OPTION SALES TAX – TRANSPORTATION
MOTION: Motion by Lee, second by Goreham, to approve the revised
budget and schedule for the 2005 Transportation Improvements Program
(TIP), funded primarily by the 2005 Special Purpose Local Option Sales
Tax (SPLOST); and authorize the corresponding budget transactions. A
copy of the 2005 SPLOST TIP budget and schedule is on file in the Office
of the County Clerk.
Funding: Available in the 2005 SPLOST Transportation Improvements
Program Fund per the adjustments in the 2005 SPLOST TIP Budget and
Schedule.
VOTE: ADOPTED 4-0, Commissioner Birrell not present
Engineering
11B. APPROVAL OF CONTRACT WITH OHMSHIV
CONSTRUCTION, LLC FOR CONSTRUCTION OF CLAY ROAD
SIDEWALK – TRANSPORTATION
MOTION: Motion by Cupid, second by Ott, to approve a contract with
Ohmshiv Construction, LLC, in an amount not to exceed $1,363,543.75,
for construction of Clay Road Sidewalk, State Project No. CSTEE-0009-
00(014), State P. I. No. 0009014, Cobb County Project No. D7210, MIS
Contract No. 000583; authorize the corresponding budget transactions;
and further authorize the Chairman to execute the necessary documents.
Funding: Available in the 2005 SPLOST Transportation Improvements
Program Fund with the following budget transfers:
Transfer from: 340-050-7507-D721-8761-D7210-C (Preliminary Est.) $1,048,000.00
340-050-7507-D719-8761-D7190-C (Preliminary Est.) $ 169,871.25
Transfer to: 340-050-7507-D721-8762-D7210-C (Turnkey Const.) $1,217,871.25
Available in the Water System’s SPLOST Projects-Relocate Lines FY07 Adopted CIP
Budget with the following budget transfers:
Transfer from:
SPLOST Projects-Relocate Lines
FY07 Preliminary Estimates 510-500-5756-8005-W4069-Z $149,502.50
Page 135 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 16
11. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.)
11B. APPROVAL OF CONTRACT WITH OHMSHIV
CONSTRUCTION, LLC FOR CONSTRUCTION OF CLAY ROAD
SIDEWALK – TRANSPORTATION (CONT.)
Transfer to:
Clay Road Sidewalk
Construction 510-500-5756-8260-W4272-C $145,672.50
Interest Expense on Retainage 510-500-5756-6613-W4272-A $ 730.00
Meter Purchase Replacement 510-500-5756-8265-W4272-M $ 200.00
Contingency 510-500-5756-8810-W4272-T $ 2,900.00
Total $ 149,502.50
VOTE: ADOPTED 4-0, Commissioner Birrell not present
11C. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE
CONTRACT WITH PARSONS TRANSPORTATION GROUP, INC.
FOR DESIGN OF ROADWAY SAFETY AND OPERATIONAL
IMPROVEMENTS ON WEST SANDTOWN ROAD, PHASE 2 –
TRANSPORTATION
MOTION: Motion by Goreham, second by Ott, to approve Supplemental
Agreement No. 1 to the contract with Parsons Transportation Group, Inc.,
in an amount not to exceed $82,467.63, to complete the design of roadway
safety and operational improvements on West Sandtown Road, Phase 2,
Project No. D6250, MIS Contract No. 000173; authorize the
corresponding budget transactions; and further authorize the Chairman
to execute the necessary documents.
Funding: Available in the 2005 SPLOST Transportation Improvements Program Fund
with the following budget transfers:
Transfer from: 340-050-7506-D625-8721-D6250-E (Preliminary Est.) $50,000.00
340-050-7506-D625-8761-D6250-C (Preliminary Est.) $32,467.63
Transfer to: 340-050-7506-D625-8722-D6250-E (Engineering) $82,467.63
VOTE: ADOPTED 4-0, Commissioner Birrell not present
Page 136 of 177
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AUGUST 12, 2014
PAGE 17
11. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.)
11D. APPROVAL OF CHANGE ORDER NO. 1 (FINAL0 TO THE
CONTRACT WITH CHATFIELD CONTRACTING, INC. FOR
DRAINAGE SYSTEM REPAIRS ON BROOKSIDE DRIVE –
TRANSPORTATION
MOTION: Motion by Cupid, 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 $16,349.55, for drainage system
repairs on Brookside Drive, Project No. E2220, MIS Contract No.
000780; and authorize the Chairman to execute the necessary documents.
Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund.
Decrease GAE 345042214902: 345-050-E002-E222-8762-E2220-C (Turnkey Const.) $16,349.55
VOTE: ADOPTED 4-0, Commissioner Birrell not present
11E. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE
CONTRACT WITH CHATFIELD CONTRACTING, INC. FOR
DRAINAGE SYSTEM REPAIRS ON LAKE FJORD PASS –
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 $19,741.92, for drainage system repairs on
Lake Fjord Pass, Project No. E2490, MIS Contract No. 000775; 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 345032514505: 345-050-E002-E249-8762-E2490-C (Turnkey Const.) $12,675.92
A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget
with the following budget transfers:
Transfer from:
Lake Fjord Pass Drainage
Construction Change Order No. 1 (final) 510-500-5756-8260-W4313-C $7,066.00
Interest on Retainage 510-500-5756-6613-W4313-A $ 45.00
Contingency 510-500-5756-8810-W4313-T $ 170.00
Total $7,281.00
Transfer to:
SPLOST Projects-Relocate Lines
Preliminary Estimates 510-500-5756-8005-W4069-Z $7,281.00
VOTE: ADOPTED 4-0, Commissioner Birrell not present
Decrease GAE 510032514505: 510-500-5756-8260-W4313-C (Construction) $7,066.00
Page 137 of 177
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AUGUST 12, 2014
PAGE 18
11. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.)
11F. AUTHORIZATION TO PURCHASE STREAM MITIGATION
CREDITS FROM MITIGATION CREDIT SALES, LLC FOR
STREAM IMPACTS ASSOCIATED WITH CIRCLE 75 PARKWAY
CULVERT IMPROVEMENTS – TRANSPORTATION
MOTION: Motion by Ott, second by Cupid, to authorize the purchase of
stream mitigation credits from Mitigation Credit Sales, LLC, in an amount
not to exceed $15,767.50, for stream impacts associated with Circle 75
Parkway Culvert Improvements, Project No. E2260; and further
authorize the corresponding budget transaction.
Funding: Available in the 2011 SPLOST Transportation Improvements Program with the
following budget transfer:
Transfer from: 345-050-E002-E226-8761-E2260-C (Preliminary Est.) $15,767.50
Transfer to: 345-050-E002-E226-8722-E2260-E (Engineering) $15,767.50
VOTE: ADOPTED 4-0, Commissioner Birrell not present
11G. AUTHORIZATION TO PURCHASE STREAM MITIGATION
CREDITS FROM MITIGATION CREDIT SALES, LLC FOR
STREAM IMPACTS ASSOCIATED WITH SIX FLAGS DRIVE
SAFETY AND OPERATIONAL IMPROVEMENTS –
TRANSPORTATION
MOTION: Motion by Cupid, second by Ott, to authorize the purchase of
stream mitigation credits from Mitigation Credit Sales, LLC, in an amount
not to exceed $20,925.00, for stream impacts associated with Six Flags
Drive safety and operational improvements, Project No. E6080; and
further authorize the corresponding budget transaction.
Funding: Available in the 2011 Transportation Improvements Program with the
following budget transfer:
Transfer from: 345-050-E006-E608-8721-E6080-E (Preliminary Est.) $20,925.00
Transfer to: 345-050-E006-E608-8722-E6080-E (Engineering) $20,925.00
VOTE: ADOPTED 4-0, Commissioner Birrell not present
Page 138 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 19
11. TRANSPORTATION AGENCY (CONT.)
Traffic Operations
11H. AUTHORIZATION TO PROCURE OFFICE CUBICLES AND
FURNISHINGS TO UPGRADE THE REGIONAL
TRANSPORTATION MANAGEMENT CENTER FOR
ADVANCED TRANSPORTATION MANAGEMENT SYSTEMS,
PHASE 5 – TRANSPORTATION
MOTION: Motion by Lee, second by Goreham, to authorize the
procurement of office cubicles and furnishings, in an amount not to exceed
$19,917.93, to upgrade the Regional Transportation Management Center
for Advanced Transportation Management Systems, Phase 5, Project No.
D5090; and further authorize the corresponding budget transactions.
Funding is available in the 2005 SPLOST Transportation Improvements Program Fund
with the following budget transfer:
Transfer from: 340-050-7505-D509-8761-D5090-C (Preliminary Est.) $19,917.93
Transfer to: 340-050-7505-D509-8460-D5090-P (Office Furniture) $19,917.93
VOTE: ADOPTED 4-0, Commissioner Birrell not present
11I. AUTHORIZATION TO PROCURE PROPRIETARY SOFTWARE
AND PROFESSIONAL SERVICES FOR THE UPGRADE AND
ENHANCEMENT OF THE CARTEGRAPH WORK AND ASSET
MANAGEMENT SOFTWARE SYSTEM – TRANSPORTATION
MOTION: Motion by Lee, second by Goreham, to authorize
procurement of proprietary software and professional services from
Cartegraph Systems, Inc., in an amount not to exceed $238,700.00, for the
upgrade and enhancement of the Cartegraph work and asset management
software system, MIS Contract No. 000815; authorize the procurement of
associated hardware and software, in an amount not to exceed $22,800.00,
Project No. E5050; and further authorize the corresponding budget
transactions.
Funding: Available in the 2011 SPLOST Transportation Improvement Program Fund
with the following budget transfers:
Transfer from: 345-050-E005-E505-8721-E5050-E (Preliminary Estimate) $261,500.00
Transfer to: 345-050-E005-E505-8675-E5050-P (Computer Software) $193,000.00
345-050-E005-E505-8420-E5050-P (Computer Hardware) $ 15,800.00
345-050-E005-E505-6326-E5050-O (Professional Services) $ 52,700.00
VOTE: ADOPTED 4-0, Commissioner Birrell not present
Page 139 of 177
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AUGUST 12, 2014
PAGE 20
12. PUBLIC SERVICES AGENCY
Parks, Recreation, and Cultural Affairs
12A. APPROVAL OF CONTRACT WITH ALLSTAR LIGHTING AND
ELECTRICAL SERVICE, INC. FOR THE INSTALLATION OF
NEW SPORTS LIGHTING POLES, FIXTURES, AND RELATED
EQUIPMENT AT MILFORD PARK - PARKS, RECREATION,
AND CULTURAL AFFAIRS
MOTION: Motion by Cupid, second by Ott, to approve a contract with
AllStar Lighting & Electrical Service, Inc., in an amount not to exceed
$101,652.00, for the installation of new sports lighting poles, fixtures and
related equipment to serve athletic field lighting at Milford 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: Funding is available in the 2011 Parks, Recreation and Cultural
Affairs SPLOST fund as follows:
345-105-E040-EP425 C-8024 $101,652.00
(Milford Park Field Renovation)
VOTE: ADOPTED 4-0, Commissioner Birrell not present
12B. APPROVAL OF CONTRACT WITH W. E. CONTRACTING CO.,
INC. FOR CONSTRUCTION SERVICES RELATED TO
REDEVELOPMENT OF POWDER SPRINGS PARK - PARKS,
RECREATION, AND CULTURAL AFFAIRS
MOTION: Motion by Cupid, second by Ott, to approve a contract with
W. E. Contracting, Inc., in an amount not to exceed $2,937,585.00, for
construction services related to redevelopment at Powder Springs 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 Parks, Recreation and Cultural Affairs SPLOST fund as
follows:
345-105-E030-EP 337 C-8125 (Powder Springs Park Buildings) $ 652,118.86
345-105-E040-EP 441 C-8125 (Powder Springs Park Field Renovation) $ 902,886.14
345-105-E060-EP 610 C-8125 (City of Powder Springs) $1,292,710.00
345-105-E060-EP 610 E-8125 (City of Powder Springs) $ 89,870.00
VOTE: ADOPTED 4-0, Commissioner Birrell not present
Page 140 of 177
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COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 21
13. SUPPORT SERVICES AGENCY
Property Management
13A. AUTHORIZATION TO PURCHASE CERTAIN REAL PROPERTY
LOCATED AT OLD 41 HIGHWAY AND BLUE SPRINGS ROAD
IN ACWORTH AS A POSSIBLE SITE FOR A NEW REGIONAL
LIBRARY - PROPERTY MANAGEMENT
MOTION: Motion by Goreham, second by Lee, to authorize the
purchase of certain real property, located at Old Highway 41 and Blue
Springs Road in Acworth, in an amount not to exceed $800,000.00,
pursuant to the Purchase and Sale Agreement attached; authorize funding,
in an amount not to exceed $50,000.00, for inspection and evaluation of
the property as a possible site for a new regional library; authorize the
corresponding budget transactions; and further authorize the Chairman
to execute the necessary documents.
Funding:
Increase Revenue: 010-014-0140-4981 (Gen. Fund Balance) $850,000.00
Increase Expenditure: 010-080-1800-8015 (Site Acquisition) $850,000.00
VOTE: ADOPTED 4-0, Commissioner Birrell not present
14. COMMUNITY DEVELOPMENT AGENCY
14A. APPROVAL OF PROPOSED AMENDMENTS TO CHAPTERS 134
OF THE OFFICIAL CODE OF COBB COUNTY - COMMUNITY
DEVELOPMENT
MOTION: Motion by Lee, second by Ott, to approve the following actions
relative to the proposed amendments to the Official Code of Cobb County:
• Hold the proposed Resolution creating the Six Flags Area Special
Services District and related proposed amendments to Chapter 114,
Taxation, until the Board’s next regular meeting on August 26, 2014 at
7:00 p.m., and direct staff to make said documents available for public
inspection; and
• Adopt the proposed amendments to Chapter 134, Zoning, with the
following revisions:
o Revise page 9, line 24 to read as follows: “ . . . an adjacent
property zoned in a more restrictive category . . . “
o Revise page 8, to include an additional bullet on line 19 to read as
follows: “Onsite manager to maintain an updated list of vendors
with contact numbers and requisite business license numbers to be
made available for inspection by County staff.”
A copy of the approved amendments to Chapter 134 is attached and made a part
of these minutes.
VOTE: ADOPTED 4-0, Commissioner Birrell not present
Page 141 of 177
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AUGUST 12, 2014
PAGE 22
14. FINANCE
14A. APPROVAL OF SHORT-TERM AGREEMENT WITH U. S. BANK
FOR DEPOSITORY AND PAYMENT SERVICES FOR STADIUM
CONSTRUCTION FUND REQUISITIONS TO THE
CONSTRUCTION MANAGER AT RISK PRIOR TO THE
ISSUANCE OF STADIUM BONDS – FINANCE
MOTION: Motion by Lee, second by Goreham, to authorize the
preparation of a short-term agreement with US Bank for depository
escrow and payment services for the handling and processing and
payment of all Stadium Construction Fund Requisitions prior to the
issuance of the bonds, and further authorize the Chairman to execute the
necessary documents.
VOTE: ADOPTED 4-0, Commissioner Birrell not present
NOTE: Chairman Lee called for a brief recess at 10:14 a.m. The meeting reconvened at
10:25 a.m.
15. COMMUNITY DEVELOPMENT AGENCY
Business License Division
15A. CONTINUATION OF HEARING FOR KRISTEN BROADWAY
REGARDING HER APPLICATION FOR A COBB COUNTY
ALCOHOL PERMIT - BUSINESS LICENSE DIVISION
The request for continuation of the hearing for Kristen Broadway was
moved forward on the agenda. See Item 5 of these minutes.
NOTE: By general consensus of the Board, the following agenda item was moved
forward on the agenda.
15B. CONDUCT OF SHOW CAUSE HEARING TO DETERMINE IF
DUE CAUSE EXISTS TO SUSPEND OR REVOKE THE COBB
COUNTY TAXI CAB COMPANY BUSINESS LICENSE FOR
APPLE TAXI, LLC - BUSINESS LICENSE DIVISION
Mr. Sam Hensley, Jr., attorney for the Business License Division, informed the
Board that an agreement had been reached with the licensee and his attorney, Mr. Larry
Burke, whereby Apple Taxi, LLC, 1175 Franklin Road, Suite 105, Marietta, Georgia
30067, Yaser Ali, licensee, would voluntarily relinquish the taxicab license at the end of
August 2014, with the understanding that while the business continues to operate, all
relevant code sections would be adhered to, and a dispatcher would be onsite at all times
when the business is open and operating. Mr. Hensley stated that relinquishment of the
license would be the considered the same as a revocation, and they cannot reapply for a
Cobb County taxicab license for 12 months.
Mr. Larry Burke, attorney for Apple Taxi, LLC, confirmed that the agreement
stated by Mr. Hensley was accurate. Mr. Burke stated that the purpose of the request was
to dissolve the business within the next two weeks and try to get some of the taxicab
drivers positions with another company, so that there could be a smooth transition from
Mr. Ali leaving the county, while providing an opportunity for the taxicab drivers to seek
other employment. Mr. Burke asked that the Board accept the stipulation to allow the
business to close down over the next two weeks.
Mr. Hensley informed the Board that he had discussed this agreement with the
Business License Division and the Police Department’s Regulatory Services and Permits
Unit, both of which are in accord with this agreement.
Page 142 of 177
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AUGUST 12, 2014
PAGE 23
15. COMMUNITY DEVELOPMENT AGENCY (CONT.)
Business License Division (cont.)
15B. CONDUCT OF SHOW CAUSE HEARING TO DETERMINE IF
DUE CAUSE EXISTS TO SUSPEND OR REVOKE THE COBB
COUNTY TAXI CAB COMPANY BUSINESS LICENSE FOR
APPLE TAXI, LLC - BUSINESS LICENSE DIVISION (CONT.)
MOTION: Motion by Ott, second by Lee, to allow Apple Taxi, LLC, 1175
Franklin Road, Suite 105, Marietta, Georgia 30067, Yaser Ali, licensee, to
continue operations through the end of this month, at which time they will
voluntarily relinquish their taxicab license, with the understanding that the
voluntary relinquishment is the same as a revocation, therefore preventing them
from reapplying for another license for a period of 12 months.
VOTE: ADOPTED 4-0, Commissioner Birrell not present
15C. CONDUCT OF APPEAL HEARING REGARDING THE
APPLICATION FOR A LIQUOR, BEER, WINE, AND SUNDAY
SALES POURING LICENSE FOR FANATICS SPORTS BAR, INC.
- BUSINESS LICENSE DIVISION
The Appeal Hearing was opened regarding the application for a liquor,
beer, wine, and Sunday sales pouring license for Fanatics Sports Bar and Grill,
LLC d/b/a Sportsline Bar and Grill, 2359 Windy Hill Road, Suite 120, Marietta,
Georgia, 30067
Mr. Sam Hensley, Jr., attorney for the Business License Division,
provided opening remarks. Mr. Barry Staples, attorney, stated he was present in
support of Mr. Clay’s application, and that Mr. Clay was more than capable of
speaking for himself. Mr. Clarence Clay, applicant, provided opening remarks.
Mr. Hensley called Ms. Sandra Richardson, Business License Division
Manager, for questioning. Mr. Clay did not question Ms. Richardson.
Mr. Clay provided brief remarks to clarify distances and did not call any
witnesses. Mr. Clay declined to present a closing statement. Mr. Hensley
provided closing remarks.
Commissioner Cupid questioned Mr. Clay. Following further discussion,
the following motion was made:
MOTION: Motion by Cupid, second by Ott, to approve the liquor, beer, wine,
and Sunday sales pouring license for Fanatics Sports Bar, Inc. d/b/a Fanatics
Sports Bar, 6175 Mableton Parkway, Mableton, Georgia 30126, Clarence Clay,
licensee, provided that no more than three police calls occur, at which time a due
cause hearing would be conducted.
Prior to the vote on the above motion, Commissioner Cupid requested
assistance with crafting the motion; additional discussion ensued and the
following amended motion was made:
MOTION: Motion by Cupid, second by Ott, to uphold the July 24, 2014 decision
of the License Review Board to approve the liquor, beer, wine, and Sunday sales
pouring license for Fanatics Sports Bar, Inc. d/b/a Fanatics Sports Bar, 6175
Mableton Parkway, Mableton, Georgia 30126, Clarence Clay, licensee.
VOTE: ADOPTED 4-0, Commissioner Birrell not present
Page 143 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 24
15. COMMUNITY DEVELOPMENT AGENCY (CONT.)
Business License Division (cont.)
15C. CONDUCT OF APPEAL HEARING TO DETERMINE IF DUE
CAUSE EXISTS TO DENY THE COBB COUNTY LIQUOR, BEER,
WINE AND SUNDAY SALES POURING LICENSE FOR
SPORTSLINE BAR AND GRILL, LLC - BUSINESS LICENSE
DIVISION
The Appeal Hearing was opened to determine if due cause exists to deny
the liquor, beer, wine, and Sunday sales pouring license for Sportsline Bar and
Grill, LLC, Darren Reed Joyner, licensee.
Mr. Sam Hensley, Jr., attorney for the Business License division, provided
opening remarks. Mr. DeWayne Martin, attorney for Sportsline, provided
opening remarks. Mr. Hensley swore in those persons expected to testify.
Mr. Hensley called Ms. Sandra Richardson, Business License Division
Manager, for questioning. Mr. Martin did not question Ms. Richardson.
Mr. Hensley called Mr. George Smith, Business License Auditor, for
questioning. Mr. Hensley submitted a packet of information labeled CC-1, which
is on file in the Office of the County Clerk. Mr. Martin did not question Mr.
Smith.
Mr. Hensley called Sergeant Bonnie Smith, Cobb County Police
Department, for questioning. Mr. Hensley submitted a packet of information
labeled CC-2, which is on file in the Office of the County Clerk. Mr. Martin did
not question Sgt. Smith.
Mr. Hensley called Major Dale Bolenbaugh, Cobb County Police
Department, for questioning. Mr. Martin did not question Major Bolenbaugh.
Mr. Hensley called Inspector Thomas Baxter, Cobb County Fire
Marshall’s Office, for questioning. Mr. Martin did not question Inspector Baxter.
Mr. Martin provided closing remarks. Mr. Hensley objected to some of
the remarks, stating they are more like testimony than closing remarks.
Mr. Hensley provided closing remarks.
MOTION: Motion by Ott, second by Goreham, to uphold the June 5, 2014
decision by the License Review Board to deny the liquor, beer, wine, and Sunday
sales pouring license for Sportsline Bar and Grill, LLC d/b/a Sportsline Bar and
Grill, 2359 Windy Hill Road, Suite 120, Marietta, Georgia 30067, Darren Reed
Joyner, licensee.
VOTE: ADOPTED 4-0, Commissioner Birrell not present.
Page 144 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 25
15. COMMUNITY DEVELOPMENT AGENCY (CONT.)
Business License Division (cont.)
15D. CONDUCT OF APPEAL HEARING TO DETERMINE IF DUE
CAUSE EXISTS TO DENY THE 2014 COBB COUNTY
OCCUPATION TAX CERTIFICATE FOR CARNICERIA EL TIO,
LLC - BUSINESS LICENSE DIVISION
The Appeal Hearing was opened to determine if due cause exists to deny
the 2014 Cobb County Occupation Tax Certificate for Carniceria El Tio, LLC,
Jaime Camarena, owner/applicant.
Mr. Sam Hensley, attorney for the Business License division, provided
opening remarks. Mr. DeWayne Martin, attorney for Carniceria El Tio, provided
opening remarks.
Mr. Hensley swore in those persons expected to testify and called Sergeant
Bonnie Smith, Cobb County Police Department, for questioning. Mr. Martin
questioned Sgt. Smith. Commissioner Cupid questioned Sgt. Smith.
Mr. Martin called Mr. Michael Burns, attorney representing Mr. Camarena
on the pending criminal charges, for questioning. Mr. Burns stated that Mr.
Camarena would invoke his fifth amendment rights and would not testify on any
issue other than ownership. Mr. Hensley did not question Mr. Burns.
Commissioner Cupid questioned Mr. Burns.
Mr. Martin called Mr. Dexter Gilmore for questioning. Mr. Hensley
objected to his testimony as to the state of mind of others. Mr. Hensley
questioned Mr. Gilmore.
Mr. Martin called Candeleria Camarena for questioning. Mr. Hensley
swore in Ms. Camarena. Mr. Martin submitted a copy of a promissory note,
Exhibit CET-1, which is on file in the office of the County Clerk. Mr. Martin
questioned Ms. Camarena. Mr. Hensley objected to hearsay testimony. Mr.
Hensley questioned Ms. Camarena. Mr. Martin questioned Ms. Camarena again.
Mr. Hensley objected to hearsay testimony again.
Mr. Martin announced that Mr. Jaime Camarena would testify on a limited
basis. Mr. Hensley swore in Mr. Camarena. Mr. Martin questioned Mr.
Camarena and submitted a copy of the Operating Agreement, Exhibit CET-2, a
copy of which is on file in the Office of the County Clerk. Mr. Hensley
questioned Mr. Camarena and Mr. Martin objected. Mr. Hensley explained his
line of questioning and continued. Mr. Martin objected again. A sidebar
discussion ensued between Mr. Hensley, Mr. Martin, and Mr. Burns. After a few
minutes, Mr. Hensley announced that Mr. Martin and Mr. Burns requested a brief
recess.
NOTE: Chairman Lee called for a brief recess at 12:34 p.m. The meeting
reconvened at 12:41 p.m.
Mr. Hensley did not question Mr. Camarena further. Mr. Martin did not
have any additional witnesses. Mr. Hensley called Sgt. Smith for questioning.
Mr. Martin provided closing remarks. Mr. Hensley provided closing
remarks.
Page 145 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 26
15. COMMUNITY DEVELOPMENT AGENCY (CONT.)
Business License Division (cont.)
15D. CONDUCT OF APPEAL HEARING TO DETERMINE IF DUE
CAUSE EXISTS TO DENY THE 2014 COBB COUNTY
OCCUPATION TAX CERTIFICATE FOR CARNICERIA EL TIO,
LLC - BUSINESS LICENSE DIVISION (CONT.)
Commissioner Cupid led a discussion on this case and subsequently made
the following motion:
MOTION: Motion by Cupid, second by Goreham, to grant the 2014 Cobb
County Occupation Tax Certificate/Business License for Carniceria El Tio, LLC,
d/b/a Carniceria El Tio, 1391 Veterans Memorial Highway, Suite 210, Mableton,
Georgia 30126, Jaime Camarena, owner/applicant, and reserve the board to have
the ability to weigh the outcome of the criminal proceedings, in determining
whether the license should remain in effect, be suspended, or revoked. The
license shall be subject to consideration under a due cause hearing, should there
be evidence that conducting this business creates significant public disturbance
based on any activities of violence that occur onsite or that there is evidence of an
excessive number of incidents that occur at this site defined as three or more
complaints involving the business within a cumulative three month period.
Prior to voting on the above motion, discussion ensued and Commissioner
Cupid amended her motion as follows:
MOTION: Motion by Cupid, second by Goreham, to grant the 2014 Cobb
County Occupation Tax Certificate/Business License for Carniceria El Tio, LLC,
d/b/a Carniceria El Tio, 1391 Veterans Memorial Highway, Suite 210, Mableton,
Georgia 30126, Jaime Camarena, owner/applicant, and require that if there is a
criminal conviction, the matter will be brought forward to the Board of
Commissioners through the normal process as a show cause hearing.
Prior to voting on the above amended motion, and following further
discussion, the meeting was paused so that Commissioner Cupid could confer
with Ms. Dance, Mr. Hensley, Mr. Martin, and Mr. Burns. Following their
discussion, the following amended motion was made:
MOTION: Motion by Cupid, second by Ott, to hold the determination of the
Cobb County Occupation Tax Certificate/Business License for Carniceria El Tio,
LLC d/b/a Carniceria El Tio, 1391 Veterans Memorial Highway, Suite 210,
Mableton, Georgia 30126, Jaime Camarena, owner/applicant, until the outcome of
the criminal proceeding has been determined. The business owner shall
immediately provide to the Business License Division the outcome of the decision
of the criminal proceeding. In the event of a conviction the Cobb County
Occupation Tax Certificate/Business License shall be revoked without further
hearing or process. While the case is pending, should there be a separate violation
of 78-45(c)3 the Business License Division shall bring that matter before the
Board of Commissioners for a Show Cause Hearing.
VOTE: ADOPTED 3-1, Chairman Lee opposed
NOTE: The business will have to continue to pay the annual business license fee
until the decision is made on the criminal proceeding.
Page 146 of 177
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 12, 2014
PAGE 27
ADJOURNMENT
The meeting was adjourned at 1:38 p.m.
____________________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 147 of 177
MINUTES OF SPECIAL CALLED MEETING/PUBLIC HEARING
COBB COUNTY BOARD OF COMMISSIONERS
AUGUST 19, 2014
8:00 A.M.
A Special Called Meeting of the Cobb County Board of Commissioners was held
on Tuesday, August 19, 2014 at 8:00 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 8:00 a.m.
2. FINANCE
2A. CONDUCT OF PUBLIC HEARING ON THE FY2015 PROPOSED
BUDGET – FINANCE
Mr. Jim Pehrson, Finance Director/Comptroller, provided a PowerPoint
presentation on the FY2015 proposed budget. A copy of the information
presented is attached and made a part of these minutes.
Chairman Lee opened the first Public Hearing on the FY2015 proposed
budget and asked those persons wishing to speak to come forward. Ms. Robin
Meyer and Ms. Jill Flamm addressed the Board. There being no further public
input, the Public Hearing was closed.
Chairman Lee directed Mr. David Hankerson, County Manager, to request
a response from Mr. Rob Hosack, Director of Community Development,
regarding the comments from Ms. Meyer and Ms. Flamm on the issue of code
enforcement officers, and to inform the Board of his recommendation.
NOTE: The second public hearing will be conducted on Tuesday, August 26, 2014 at
1:30 p.m.
No official action was taken by the Board.
ADJOURNMENT
The Public Hearing was adjourned at 8:31 a.m.
_________________________________
Lori Barton, Deputy County Clerk
Cobb County Board of Commissioners
Page 148 of 177
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: August 26, 2014
PURPOSE To approve the dates and times of the Regular Meetings and the Zoning Hearings of the Board of Commissioners for the calendar year 2015.
BACKGROUND
Each year the Board of Commissioners approves the Regular Meeting and Zoning Hearing dates for the upcoming year. In accordance with the Official Code of Cobb County, Part II, Section 2-30, these dates must be adopted by resolution at a meeting in December, and said resolution must be published in the newspaper in which the Sheriff's advertisements are published, once a week for two weeks during a period of 30 days immediately following adoption of the resolution. For planning purposes, it is recommended that the dates and times be approved now, with a separate agenda item being submitted for the December 8, 2014 agenda for the adoption of the official resolutions required by the Code. The appropriate advertisements will occur immediately after that meeting. Regular meetings for the calendar year 2015 shall be held on the:
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 third Thursday of the month, December 17, 2015 at 6:00 p.m.
Comm. Dist.
All
Agenda Item Number. 22
Page 149 of 177
BACKGROUND (cont.) Zoning hearings for the calendar year 2015 shall be on the:
2nd Tuesday of each month at 9:00 a.m., with the exception of the month of January when no zoning hearing will be held.
FUNDING N/A
RECOMMENDATION The Board of Commissioners approve the dates and times of the Board's Regular Meetings and Zoning Hearings for the calendar year 2015.
ATTACHMENTSProposed 2015 Meeting Dates
Agenda Item Number. 22
Page 150 of 177
REGULAR MEETING DATES FOR 2015
January 13
January 27
February 10
February 24
March 10
March 24
April 7
April 21
May 12
May 26
June 9
June 23
July 14
July 28
August 11
August 25
September 8
September 22
October 13
October 27
November 10
November 24
December 8
December 17 (3rd Thursday 6:00 p.m.)
BOC ZONING HEARING DATES FOR 2015
January (no hearing)
February 17
March 17
April 14
May 19
June 16
July 21
August 18
September 15
October 20
November 17
December 15
Page 151 of 177
COBB COUNTY TRANSPORTATION AGENCY
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 26, 2014
ITEM NO.
Engineering
1 To approve a contract with American Contractors Grading and Paving, Inc., for drainage system repairs on Brett Circle, Project No. E2370, MIS Contract No. 000813.
2 To approve a Construction Agreement with Norfolk Southern Railway Company for construction engineering inspection and flagging services on Floyd Road, Project No. E6010, MIS Contract No. 000816.
3 To approve Supplemental Agreement No. 1, Change Order No. 1 and Change Order No. 2 to the contract with C.W. Matthews Contracting Company, Inc., for construction of Skip Spann Connector, State P. I. No. 0010157, Cobb County Project No. E4010, MIS Contract No. 000740.
4 To approve Change Order No. 1 (final) to the contract with Integrated Construction and Nobility, Inc., for construction of Luther Ward Road Sidewalk, Project No. E7190, MIS Contract No. 000660.
5 To approve Change Order No. 1 (final) to the contract with Ed Castro Landscape, Inc., for landscaping improvements on Windy Hill Road/Macland Road Connector, now known as Windy Hill Road, Project No. D4240, MIS Contract No. 000512.
Page 152 of 177
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: August 26, 2014
PURPOSE To approve a contract with American Contractors Grading and Paving, Inc., for drainage system repairs on Brett Circle, Project No. E2370, MIS Contract No. 000813.
BACKGROUND
Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Brett Circle is classified as a local residential street on the County’s Major Thoroughfare Plan. The existing culvert crossing in the vicinity of 2965 Brett Circle consists of a 48-inch corrugated metal pipe. The invert of the pipe has deteriorated, the outlet headwall is failing, and the roadway shoulder will need to be stabilized behind the outlet headwall. The project scope includes paving the invert with concrete, replacing the outlet headwall, pressure grouting the voids around the pipe, and stabilizing the roadway shoulder. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. In an effort to ensure the most competitive pricing possible, current Unit Price Contractors were given the opportunity to offer quotes for this project, reflecting current market conditions. Bids were received on August 1, 2014, from the following companies:
Company Bid Amount
American Contractors Grading and Paving, Inc. $56,355.02
D&H Construction Company, Inc. $58,522.50
Comm. Dist. 1
Agenda Item Number. 1
Page 153 of 177
The low bid of $56,355.02 from American Contractors Grading and Paving, Inc., was reviewed and found to be reasonable and responsive. The completion date for this project is 30 consecutive calendar days from issuance of the Notice to Proceed.
Chatfield Contracting, Inc. $65,047.50
FUNDING Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer:
Transfer from: 345-050-E002-E255-8761-E2550-C (Preliminary Est.) $56,355.02
Transfer to: 345-050-E002-E237-8762-E2370-C (Turnkey Const.) $56,355.02
RECOMMENDATION The Board of Commissioners approve a contract with American Contractors Grading and Paving, Inc., in an amount not to exceed $56,355.02, for drainage system repairs on Brett Circle, Project No. E2370, MIS Contract No. 000813; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Agenda Item Number. 1
Page 154 of 177
Acworth
!(3
HYATT DR
CHERI LYNN RD
SAVILLE DR
HILL RD
IVEY LN
MARS PARK R D
CROWDER DR
RICHARDSON FA R MDR
LORI
EN
WAY
CREE
LCH
SE
SAIL WINDS CT
CAMDEN LAKE PKWY
A CWOR TH
DUEWEST RD
DAVENPORT TRCE
WHITT MILL RD
DERRY RD
DOGW
OOD
LN
SUNBROOK WAY INVE
RWOO
D DR
ACWO
RTH SUMMIT BLVD
STILE
SBOR
O LN
IVEY RD
COR IN AULTW
AY
CREE
L CT
MCCLURE RD
GILES RD
AVIARY DR
GILES RD
MARS CT
CALUMET
CIR
BRAFTON CT
WATERLOO DR
WALDENBROO KECT
CHIPPING DR
WOODFARE LN
PEP PERMILL PL
BRETT CIR
WOMACK AVE
THORNHILL DR
HILLFOREST
TR L
KNOLLWOOD DR
LAUREL DR
CAVALLON WAY
T AMA
RACK DR
WOODB END D R
DART
ER D
R
CALUMET DR
G RAND OAKS DR
EDGE
WOO
D DR
STEWART REILLY DR
AVIA RYCT
NORTHBROOKRDG
ODESSA W EST I
N LT
BASSCHSE
CA LU MET PL
FRIPP OVL
RED
FOX R
UN
B ARK
LEY DR
HAYNES MILL CT
SUMMIT DR
TURNSTONE DRMARS
HILLRD
COBB PKWY
ACW
ORTH
DUEW
E ST
RD
OLD
STILESBORORD
NANCE RD
JIM OWENS RD
KEMP RIDGE RD
MARSHILL
CHURCH RD
COUNTY LINE RD
MARS
HILL RD
PROJECT:Brett Circle DrainageProject No. E2370
[
DATE:August 26, 2014
Notes: Commission District 1
Cobb CountyDepartment of Transportation
LOCATION MAP
k
ProjectLocation
Page 155 of 177
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: August 26, 2014
PURPOSE To approve a Construction Agreement with Norfolk Southern Railway Company for construction engineering inspection and flagging services on Floyd Road, Project No. E6010, MIS Contract No. 000816.
BACKGROUND
Floyd Road is an approved roadway safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program. Proposed improvements on Floyd Road, from Veterans Memorial Highway to Clay Road, consist of widening the roadway to accommodate four travel lanes with a divided median, dual left turn lanes from Floyd Road onto Veterans Memorial Highway, an 8 to 10-foot wide multi-use trail on the west side of the road, and a 5-foot wide sidewalk on the east side. The project will also construct an 8 to 10-foot wide pedestrian bridge on the west side of Floyd Road spanning the Norfolk Southern Railroad tracks. On June 12, 2012, the Board of Commissioners approved a contract with AECOM Technical Services, Inc., for engineering design on Floyd Road. On August 13, 2013, the Board approved an Agreement for Preliminary Engineering Services with Norfolk Southern Railway Company, in an amount not to exceed $14,000.00, for roadway safety and operational improvements on Floyd Road. The Department has requested and received a Construction Agreement from Norfolk Southern Railway Company, in an amount not to exceed $41,873.00, for construction engineering inspection and flagging services, if required.
Comm. Dist. 4
Agenda Item Number. 2
Page 156 of 177
The Construction Agreement has been reviewed by the County Attorney's Office.
FUNDING Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer:
Transfer from: 345-050-E006-E601-8781-E6010-U (Preliminary Est.) $41,873.00
Transfer to: 345-050-E006-E601-8789-E6010-U (Utility - Railroad) $41,873.00
RECOMMENDATION The Board of Commissioners approve a Construction Agreement with Norfolk Southern Railway Company, in an amount not to exceed $41,873.00, for construction engineering inspection and flagging services on Floyd Road, Project No. E6010, MIS Contract No. 000816; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents, in a form substantially similar to the attached and as approved by the County Attorney’s Office.
ATTACHMENTSLocation Map
Construction Agreement with Norfolk Southern Railway to be provided under separate cover
Agenda Item Number. 2
Page 157 of 177
#
Norfolk Southern Railway
!(139
!(8
FRONT ST
OLD FL
OYD RD
PEAK
ST
CHUR
CH S
T
LIONS CLUB DR
LEE RD
CENTER ST
MABLE ST
WALKER DR
MONTICELLO DR
WHITE
BLV
D
WILSON RD
SIL H
O UET
T ELN
PROSPECT PL
MOSELLE DR
FONTAINE RD
PUCKETT DR
CRAB
APPL
E DR
BRENTWOOD DR
RIDGE AVE
MARAN LN
PINELAND CIR
WHISPERING
PIN ES RD OLD GORDON RD
MONT
PELI
ER D
R
GLORE CIR
GLORE CIR
WOOD VALLEY RD
WOOD
VALL
EYRD
BREN
DA D
R
BRENDA DR
GLOR
E DR
PINEL
AND
RD
BARNES DR
CARO
LCI
R
CLAY RD
FLOY
DRD
MAB LETO NPKW
Y
VETERANS MEMORIAL HWY
FONTAINE RD
MabletonElem
MABLE HOUSECULTURALARTS CTR.
MABLE HOUSEAMPHITHEATRE
LIONSPARK
PROJECT:Floyd RoadProject No. E6010
[
DATE:August 26, 2014
Cobb CountyDepartment of Transportation
LOCATION MAP
BeginProject
k
EndProject
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Notes: Commission District 4Page 158 of 177
Construction Agreement to be provided under separate cover.
Page 159 of 177
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: August 26, 2014
PURPOSE To approve Supplemental Agreement No. 1, Change Order No. 1 and Change Order No. 2 to the contract with C.W. Matthews Contracting Company, Inc., for construction of Skip Spann Connector, State P. I. No. 0010157, Cobb County Project No. E4010, MIS Contract No. 000740.
BACKGROUND
Skip Spann Connector is an approved thoroughfare improvements project in the 2011 SPLOST Transportation Improvements Program and is also an approved project in the Atlanta Regional Commission (ARC) PLAN 2040 Regional Transportation Plan, designated as State P.I. No. 0010157, and ARC Project No. CO-400. This project consists of construction of a new roadway with a grade separation over I-75, connecting Frey Road to Townpark Lane, including slip ramps connecting the I-75 southbound exit ramp to Frey Road, and Busbee Drive to the I-75 northbound entrance ramp. The project also includes construction of a roundabout at Townpark Lane and Busbee Drive. The total project length is 0.54 miles. On February 11, 2014, the Board of Commisioners approved a Construction Agreement with the Georgia Department of Transportation (GDOT) for Skip Spann Connector. Under the terms of the agreement, the State will fund 80 percent of the GDOT eligible construction costs, up to a maximum amount of $10,645,758.95. The County will be responsible for funding 20 percent of the GDOT eligible construction costs, up to $2,661,439.74, and 100 percent of any construction costs exceeding the State’s maximum. Also on February 11, 2014, the Board approved a contract with C.W. Matthews Contracting Company, Inc., for the construction of Skip Spann Connector.
Comm. Dist.
1, 3
Agenda Item Number. 3
Page 160 of 177
Details for action requested are as follows: On February 5, 2014, C.W. Matthews Contracting Company, Inc., submitted a value engineering proposal which would eliminate the need to replace a 36-inch storm drain pipe running under I-75. Supplemental Agreement No. 1, in an amount not to exceed $138,414.39, will be required for additional contract items associated with this proposal. Change Order No. 1, a savings of $238,628.79, will be required to revise the current contract quantities associated with this proposal. The net result is a savings to the project in the amount of $100,214.40. An additional proposal was submitted by the contractor on April 4, 2014, requesting to modify the construction method used to install the piling at Bent 1 of the bridge, ensuring a stable foundation without the necessity of additional in-place embankment material and monitoring. Change Order No. 2, a savings in the amount of $27,209.38, will be required for this modification. Both proposals were submitted to GDOT for consideration, and were approved on June 11, 2014. Supplemental Agreement No. 1, Change Order No. 1, and Change Order No. 2 to the contract with C.W. Matthews Contracting Company, Inc., for Skip Spann Connector are requested for the addition of contract items associated with the two proposals and the revision of existing contract quantities, resulting in a total net savings to the project in the amount of $127,423.78.
Original Contract $13,307,198.69
Supplemental Agreement No. 1 $ 138,414.39
Change Order No. 1 ($ 238,628.79)
Change Order No. 2 ($ 27,209.38)
Revised Contract $13,179,774,91
FUNDING A net savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345021114502: 345-050-E004-E401-8762-E4010-C (Turnkey Const.) $127,423.78
RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 1, in an amount not to exceed $138,414.39, Change Order No. 1, a savings of $238,628.79, and Change Order No. 2, a savings of $27,209.38, for a total net savings of $127,423.78 to the contract with C.W. Matthews Contracting Company, Inc., for construction of Skip Spann Connector, State P. I. No. 0010157, Cobb County Project No. E4010, MIS Contract No. 000740; and authorize the Chairman to execute the necessary documents.
ATTACHMENTSLocation Map
Agenda Item Number. 3
Page 161 of 177
""""""
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KennesawState
University
CHASTAIN RD
TOWNPARK LN
BIG SHANTY RD
BUSBEE DR
TOWNPARK DR
BARRETT LAKES BLVD
GEORGEBUSBEE PKWY
FREYR D
GUTENBERG DR
BIG SHANTY RD
CAMPUS LOOP RD
PAULDING AVE
KENN
ESA W
STAT
EU N
IVER
SITY
RD
TOWN POINT DR
IDLEWOOD AVE
BIG SHANTY RD
BARTOW AVE
CANT
ONPL
SOUTHWICK DR
OWLDR
OWL
DR
COBB AVE
CAMPUS LOOP RDMARIETTA DR
MARI
ETTA
DR
§̈¦75
PROJECT:Skip Spann Connector Project No. E4010
[
DATE:August 26, 2014
Notes: Commission Districts 1 and 3
Cobb CountyDepartment of Transportation
LOCATION MAP
k
End ProjectBeginProject
Page 162 of 177
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: August 26, 2014
PURPOSE To approve Change Order No. 1 (final) to the contract with Integrated Construction and Nobility, Inc., for construction of Luther Ward Road Sidewalk, Project No. E7190, MIS Contract No. 000660.
BACKGROUND
Luther Ward Road Sidewalk is an approved school related/Safe Routes to School project in the Sidewalks Component of the 2011 SPLOST Transportation Improvements Program. The project consisted of constructing sidewalk on the north side of Luther Ward Road, from Brogdon Drive to the existing pedestrian bridge over Luther Ward Branch. On September 24, 2013, the Board of Commissioners approved a contract with Integrated Construction and Nobility, Inc., for construction of Luther Ward Road Sidewalk. Details for action requested are as follows: Construction is complete and Change Order No. 1 (final) to the contract with Integrated Construction and Nobility, Inc., a savings to the project in the amount of $54,171.93, is requested due to variations between the original and final plan quantities. These are the final changes necessary to close this contract with Integrated Construction and Nobility, Inc.
Original Contract $294,563.28
Change Order No. 1 (final) ($ 54,171.93)
Revised Contract $240,391.35
Comm. Dist. 1
Agenda Item Number. 4
Page 163 of 177
FUNDING A savings to the 2011 SPLOST Transportation Improvements Program Fund.
A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers:
Transfer from: Luther Ward Road Sidewalk
Transfer to: SPLOST Projects-Relocate Lines
Decrease GAE 345092413401: 345-050-E007-E719-8762-E7190-C (Turnkey Const.) $ 52,608.69
Decrease GAE 510092413401:
510-500-5756-8260-W4296-C (Construction) $1,563.24
Construction 510-500-5756-8260-W4296-C $1,563.24
Interest on Retainage 510-500-5756-6613-W4296-A $ 40.00
Meter Purchase Replacement 510-500-5756-8456-W4296-M $ 100.00
Contingency 510-500-5756-8810-W4296-T $ 176.00
Total: $1,879.24
Preliminary Estimates 510-500-5756-8005-W4069-Z $1,879.24
RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Integrated Construction and Nobility, Inc., a savings to the project in the amount of $54,171.93, for construction of Luther Ward Road Sidewalk, Project No. E7190, MIS Contract No. 000660; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 4
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Cobb County Department of Transportation Faye DiMassimo, Director
1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601
TO: David Hankerson, County Manager
FROM: Faye DiMassimo, Director
This item has been electronically signed by:Faye DiMassimo, Director
DATE: August 26, 2014
PURPOSE To approve Change Order No. 1 (final) to the contract with Ed Castro Landscape, Inc., for landscaping improvements on Windy Hill Road/Macland Road Connector, now known as Windy Hill Road, Project No. D4240, MIS Contract No. 000512.
BACKGROUND
Windy Hill Road/Macland Road Connector is an approved thoroughfare improvements project in the 2005 SPLOST Transportation Improvements Program. The project included installation of landscaping (trees and bushes) on the right-of-way of the newly opened Windy Hill Road/Macland Road Connector, now known as Windy Hill Road, including the medians and sections of the shoulders along both sides. In addition, the project included a warranty period of three growing seasons. On November 8, 2011, the Board of Commissioners approved a contract with Ed Castro Landscape, Inc., for landscaping improvements on Windy Hill Road/Macland Road Connector. On November 13, 2012, the Board approved Supplemental Agreement No. 1 to the contract with Ed Castro Landscape, Inc., for additional landscaping improvements on Holly Springs Road at Davis Road, and Paper Mill Road at Sope Creek Elementary School. Details for action requested are as follows: Construction is complete and Change Order No. 1 (final) to the contract with Ed Castro Landscape, Inc., a savings to the project in the amount of $16,140.00, is requested due to variations between the original and final plan quantities. These are the final changes necessary to close this contract with Ed Castro Landscape, Inc.
Comm. Dist.
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Agenda Item Number. 5
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Original Contract $174,396.00
Supplemental Agreement No. 1 $ 27,198.22
Change Order No. 1 ($ 16,140.00)
Revised Contract $185,454.22
FUNDING A savings to the 2005 SPLOST Transportation Improvements Program Fund.
Decrease GAE 340110811401: 340-050-7504-D424-8762-D4240-C (Turnkey Const.) $16,140.00
RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Ed Castro Landscape, Inc., a savings to the project in the amount of $16,140.00, for landscaping improvements on Windy Hill Road/Macland Road Connector, now known as Windy Hill Road, Project No. D4240, MIS Contract No. 000512; and authorize the Chairman to execute the necessary documents.
Agenda Item Number. 5
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COBB COUNTY SUPPORT SERVICES AGENCY
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 26, 2014
ITEM NO.
Property Management
1 To authorize the sale of certain real property located at 47 Waddell Street not required for County purposes to Interra Property Group LLC, through the brokerage firm of McWhirter Realty.
Page 167 of 177
Cobb County Property Management Department John A. Reida, Director
1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148
TO: David Hankerson, County Manager
FROM: John A. Reida, Director of Property Management Willie A. Hopkins, Jr., Director of Support Services
This item has been electronically signed by:John A. Reida, Director Willie A. Hopkins, Jr., Director of Support Services
DATE: August 26, 2014
PURPOSE To authorize the sale of certain real property located at 47 Waddell Street not required for County purposes to Interra Property Group LLC, through the brokerage firm of McWhirter Realty.
BACKGROUND
On March 13, 2012, the Board of Commissioners authorized the Property Advisory Commission to negotiate the scope, fees and contract terms and conditions for commercial brokerage services related to the lease and sale of various County owned properties no longer required for County purposes. On March 27, 2012, the Board approved a contract for such commercial brokerage services with McWhirter Realty Partners. On April 11, 2012, a Brokerage Agreement was entered into with McWhirter Realty Corp., d.b.a. McWhirter Realty Partners, upon terms and conditions recommended by the Property Advisory Commission, negotiated with the assistance of the County Attorney’s Office and approved by the Board. A number of properties have been identified by the Property Advisory Commission as no longer required for County purposes, including the property located at 47 Waddell Street. A Purchase and Sale Agreement (“Offer”) to purchase this property for the sum of $450,000.00 has been submitted by Interra Property Group, LLC through McWhirter Realty Partners. The Property Advisory Commission recommends that this property be sold to Interra Property Group, LLC for that price and pursuant to the terms of the Offer to purchase. Mr. Hankerson sits as the Chairman of the Property Advisory Commission. The sale of this surplus property would bring additional revenue to the County.
Comm. Dist.
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Agenda Item Number. 1
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All net proceeds after expenses (i.e. appraisals, real estate broker fees, sale, and closing costs) will go into a surplus property account to be used for one time expenditures as brought forward by the County Manager for Board of Commissioner appropriations.
FUNDING Funding will be received as follows: 010-120-0651-4945 (surplus property revenue)
RECOMMENDATION The Board of Commissioners approve the sale of certain county-owned property located at 47 Waddell Street, Marietta, Georgia, no longer required for County purposes, to Interra Property Group, LLC, through the brokerage firm of McWhirter Realty Partners, in the amount of $450,000.00, pursuant to the terms of the attached Purchase and Sale Agreement, and authorize the Chairman to execute the necessary documents. ATTACHMENT Purchase and Sale Agreement will be provided under separate cover.
Agenda Item Number. 1
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COBB COUNTY FINANCE
REGULAR AGENDA COVER
REGULAR MEETING OF AUGUST 26, 2014
ITEM NO.
Finance
1 To adopt the FY 2015 Budget.
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Cobb County Finance Department Jim Pehrson, CPA, Director/Comptroller
100 Cherokee Street, Suite 400 450 Marietta, Georgia 30090-9610 (770) 528-1503 / fax: (770) 528-1501
TO: David Hankerson, County Manager
FROM: James Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: August 26, 2014
PURPOSE To adopt the FY 2015 Budget.
BACKGROUND On August 12, 2014, the FY 2015 Budget was presented to the Board of Commissioners. On August 11, 2014, a notice was published in the Marietta Daily Journal announcing the first public hearing on the FY 2015 Budget to be held during a special called meeting on August 19, 2014. On August 15, 2014 a second notice was published in the Marietta Daily Journal announcing a second public hearing on the FY 2015 Budget to be held on August 26, 2014 at 1:30pm in the Cobb County Board of Commissioners meeting room.
FUNDING N/A
RECOMMENDATION The Board of Commissioners adopt the FY 2015 Budget, and authorize the Chairman to execute the necessary documents.
ATTACHMENTSResolution
Under Separate Cover- Budget Doc
Comm. Dist.
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Agenda Item Number. 1
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BUDGET RESOLUTION A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 2015, WHICH IS OCTOBER 1, 2014
TO SEPTEMBER 30, 2015, FOR VARIOUS FUNDS FOR COBB COUNTY, GEORGIA; APPROPRIATING AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES; ADOPTING THE SEVERAL ITEMS OF ANTICIPATED REVENUE PROJECTIONS; PROHIBITING EXPENDITURES
TO EXCEED ACTUAL BUDGETED APPROPRIATIONS.
WHEREAS, the Chairman of the Cobb County Board of Commissioners has presented an amended Fiscal Year 2015 Budget to the Board of Commissioners on each of the various funds of the County and;
WHEREAS, each of these budgets lists proposed expenditures for the Fiscal Year 2015, which is October 1, 2014 through September 30, 2015, proposes certain levies and charges to finance these expenditures, and lists the anticipated revenues to be derived therefrom, and;
WHEREAS, the FY 2015 Operating Budget includes the General Fund, Community Services Block Grant Fund, Fire District Fund, Hotel/Motel Tax Fund, Parking Decks Fund, Law Library Fund, Emergency 911 Fund, Debt Service Fund, Water Operating Fund, Solid Waste Fund, Golf Course Fund, Medical & Dental Claims Fund, Casualty & Liability Claims Fund, Workers Comp Claims Fund, Street Light District Fund and the Transit Fund;
WHEREAS, the FY 2015 Capital Budget includes the Capital Projects Fund, 800 MHz Capital Fund, Water & Sewer-Renewal, Extension & Improvement Fund, and the Water & Sewer-System Development Fund, and;
WHEREAS, each of these budgets is a balanced budget, so that the projected revenues for each fund equals proposed expenditure appropriations, and;
WHEREAS, the Chairman and County Manager have further recommended certain personnel, operating and capital changes, the funding for which is included in the various budgets presented herewith, together with exhibits, and;
WHEREAS, the anticipated revenue to be received in County Fiscal Year 2015 for insurance premium tax in the amount of $23,000,000 has been designated and appropriated for the provision of police protection services to the inhabitants of unincorporated areas of Cobb County, pursuant to O.C.G.A. 33-8-8.3 as set forth in the FY 2015 Budget, and;
NOW THEREFORE, BE IT RESOLVED that this budget be and is hereby approved and the several items of revenues elected in this budget for each fund in the amount anticipated are adopted and that the several amounts recommended in the budget for each fund as proposed expenditures are hereby appropriated to the departments, function or purpose named in each fund, and;
BE IT FURTHER RESOLVED the personnel, operating and capital changes, and the funding for which are a part of this budget and hereby adopted;
BE IT FURTHER RESOLVED that the expenditures shall not exceed the appropriations authorized by this budget or any subsequent amendments thereto and that expenditures for the fiscal year shall not exceed funding available;
ADOPTED by the Cobb County Board of Commissioners, this 26th day of August 2014. _________________________ Timothy D. Lee, CHAIRMAN Cobb County Board of Commissioners ATTEST: _________________________________ Candace Ellison, COUNTY CLERK APPROVED AS TO FORM: ______________________________________ Deborah Dance, COUNTY ATTORNEY
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UNDER SEPARATE COVER ATTACHMENT
The final form of the 2015 Budget Resolution will be provided under separate cover on
the day of the meeting.
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PUBLIC COMMENT (CONCLUSION OF MEETING)
AUGUST 26, 2014
Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.
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APPOINTMENTS
AGENDA COVER
REGULAR MEETING OF AUGUST 26, 2014
ITEM NO.
1 To reappoint Dr.William Hudson to Post 11 of the Region One Behavioral Health and Developmental Disabilities Planning Board.
Page 175 of 177
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: Chairman Tim Lee
This item has been electronically signed by:Tim Lee, Chairman
DATE: August 26, 2014
PURPOSE To reappoint Dr.William Hudson to Post 11 of the Region One Behavioral Health and Developmental Disabilities Planning Board.
BACKGROUND Dr. Hudson's term is due to expire on August 31, 2014. Dr. Hudson will continue to serve another term in Post 11. This is a Board appointment and is recommended by Commissioner Ott.
FUNDING N/A
RECOMMENDATION To reappoint Dr. William Hudson to Post 11 of the Region One Behavioral Health and Developmental Disabilities Planning Board.
Comm. Dist.
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Agenda Item Number. 1
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COMMISSIONERS' PUBLIC ADDRESS
AUGUST 26, 2014
(Per Section 2.01.01 of the Rules of Procedure of the Board)
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