agenda 9-10-2013

September 10, 2013

TAB

REGULAR MEETING - CALL TO ORDER - 9:00 AM

PUBLIC HEARING

Water System Agency ............................... ............................................................... 1

PUBLIC COMMENT .................................... ................................................................ 2

CONSENT ................................................................................................................... 3

TRANSPORTATION AGENCY ............................. ................................................... 4

PUBLIC SERVICES AGENCY . .......................... ....................................................... 5

FINANCE ...................................................................................................................... 6

COMMUNITY DEVELOPMENT HEARINGS ........................................................................................................... 7

PUBLIC COMMENT .................................... ................................................................ 8

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APPOINTMENTS ...................................................................................................... 9

COMMISSIONERS' PUBLIC ADDRESS ..................... ............................................... 10

RESPONSE TO PUBLIC COMMENT (for information only) . .................................. 11

ADJOURN

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COBB COUNTY WATER SYSTEM AGENCY

PUBLIC HEARING AGENDA COVER

REGULAR MEETING OF SEPTEMBER 10, 2013

ITEM NO.

Engineering

1 To conduct a public hearing for employment of consultant services where contract fees will likely exceed $100,000.00 for design services for Sweetwater Basin Dry Sewer Connections, Program No. S2058.

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Cobb County Water System Stephen D. McCullers, P.E., Director

Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000

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: September 10, 2013

PURPOSE To conduct a public hearing for employment of consultant services where contract fees will likely exceed $100,000.00 for design services for Sweetwater Basin Dry Sewer Connections, Program No. S2058.

BACKGROUND This public hearing is requested in accordance with Georgia Laws 1991, 492, as follows:

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

FUNDING

N/A

Comm. Dist.

4

Agenda Item Number. 1

Page 4 of 210

RECOMMENDATION The Board of Commissioners conduct a public hearing for employment of consultant services where contract fees will likely exceed $100,000.00 for design services for Sweetwater Basin Dry Sewer Connections, Program No. S2058.

ATTACHMENTSCopy of Public Notice


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NOTICE OF PUBLIC HEARING COBB COUNTY BOARD OF COMMISSIONERS

Notice is hereby given that on September 10, 2013 at 9:00 a.m., the Board of Commissioners of Cobb County will hold a public hearing regarding consultant or consulting firm services expected to exceed $100,000.00 and involving the following:

Design Services in conjunction with the construction of water main replacement projects.

Sweetwater Basin Dry Sewer Connections Program No. S2058

This public hearing will be held in the 2nd Floor Commissioners’ Meeting Room, Cobb County Building, 100 Cherokee Street, Marietta, Georgia. This August 13, 2013. ____________________________________

Candace W. Ellison, County Clerk Cobb County Board of Commissioners

Advertise Dates: August 23, August 30 and September 6, 2013 Legal Line Advertisement

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PUBLIC COMMENT (BEGINNING OF MEETING)

SEPTEMBER 10, 2013

Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.

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CONSENT AGENDA


ITEM NO.

WATER SYSTEM AGENCY Engineering

1 To approve a construction contract with John H. Pruett Construction Co., Inc. for Chimney Springs Phase 2 Water Main Replacement, Program No.W2241.

2 To approve Change Order No. 1 (final) to the construction contract with Tippins Contracting Co., Inc. for Gaylor Street Water Main Replacement, Program No. W2230.

3 To approve a work order under the FY12-FY13 Unit Price Contract for Water, Sewer, and Miscellaneous Services with K. M. Davis Contracting Co., Inc. for Mountain Hollow Drive Sewer Replacement, Program No. S1097.

Stormwater

4 To approve Change Order No. 1 to the construction contract with Chatfield Contracting, Inc. for a project in the vicinity of 2710 Wynford Avenue, Project No. SW1355.

TRANSPORTATION AGENCY Traffic Operations

5 To authorize the installation of speed humps on Shawnee Trail.

PUBLIC SERVICES AGENCY Elections and Registration

6 To authorize boundary changes to precinct Kennesaw 4A and Kennesaw 5A, as part of a reconfiguration of the Kennesaw City precincts and for the convenience of the voters.

7 To authorize changes to the following precinct boundaries due to recent annexations: Austell 1A, Kennesaw 1A, Kennesaw 2B, Kennesaw 3A, Marietta 1A, Marietta 3A, Marietta 5B, and Marietta 6B to be in effect October 14, 2013.

Senior Services

8 To approve a contract for a special grant award received from the National Council on Aging, Inc. (NCOA) for the period of July 1, 2013 to January 31, 2014 to promote and to provide services for the Flu + You initiative.

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SUPPORT SERVICES AGENCY Information Services

9 To approve an Enterprise Services Master Services Agreement with Comcast Cable Communications Management, LLC and to authorize provision of a third Internet Service Provider through Comcast to improve internal and external communications.

COMMUNITY DEVELOPMENT AGENCY Planning

10 To adopt deannexation response per HB489 Intergovernmental Agreement regarding 2.4 acres land use known as Country Walk Drive and Old Lost Mountain Road for the City of Powder Springs.

Business License

11 To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille, 2550 Sandy Plains Rd., Suite 300, Marietta, Georgia 30066, Susan Whiteside, licensee.

12 To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376, 4651 Woodstock Rd., Roswell, Georgia 30075, Chad Harris, licensee.

ECONOMIC DEVELOPMENT Economic Development CDBG

13 To authorize the amendment of Cobb County’s Annual Action Plan for Program Year 2013 project allocations based upon the United States Department of Housing and Urban Development’s final grant allocation for HOME Investment Partnerships Act program.

14 To authorize the amendment of Cobb County’s Annual Action Plan for Program Years 2007, 2009, 2010, 2011, and 2012 and reallocate unexpended Community Development Block Grant program funds to eligible Community Development Block Grant program activities.

15 To authorize the appropriation of interest income from U.S. Department of Justice Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant program to Cobb County Juvenile Court.

FINANCE

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

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17 To authorize the Finance Department’s Risk Management Division to bind insurance coverage for Property Insurance including Boiler Machinery, Public Officials Liability including Employment Practices, Airport Liability, Fidelity Crime Insurance, Security & Privacy Liability, and Fiduciary Liability effect ive October 1, 2013.

COUNTY CLERK

18 To approve the minutes of the following meetings: August 26, 2013 - Agenda Work Session August 27, 2013 - Special Called Meeting/Work Session August 27, 2013 - Regular Meeting of the Board September 3, 2013 - Public Hearing on FY14 Budget

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PURPOSE To approve a construction contract with John H. Pruett Construction Co., Inc. for Chimney Springs Phase 2 Water Main Replacement, Program No.W2241.

BACKGROUND

The Chimney Springs area is currently served by 8-inch and 6-inch asbestos cement water mains which are subject to periodic failure and ongoing repair demands. The proposed project will address these deficiencies and bring the area up to current Water System standards. The project includes abandoning the use of existing 8-inch and 6-inch asbestos cement water mains and replacement with approximately 3,000 linear feet of 8-inch ductile iron pipe water main and 14,000 linear feet of 6-inch ductile iron pipe water main, and all related appurtenances within the Chimney Springs Subdivision along Chimney Springs Drive between Post Oak Tritt Road and Hunting Hound Lane and the Alpine Forest Subdivision. Bids for construction were received on August 22, 2013, and the results of the bid were as follows:

An additional bid was received which was found to be non-responsive.

John H. Pruett Construction Co., Inc. $1,363,877.91Wade Coots Company, Inc. $1,479,345.00Tippins Contracting Co., Inc. $1,599,861.00K. M. Davis Contracting Co., Inc. $1,717,777.77 Site Engineering, Inc. $1,720,720.00

Comm. Dist. 3


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FUNDING Funding is available in the Water System’s Chimney Springs Phase 2 Water Main and in the Unidentified New/Replacement Water Main Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2241. Transfer from: Chimney Springs Phase 2 Water Main Replacement

Transfer to: Chimney Springs Phase 2 Water Main Replacement

Preliminary Estimates 510-500-5754-8005 W2241-Z $900,000.00

Unidentified New/Replacement Water Main


Total $1,407.697.91

Construction 510-500-5754-8260 W2241-C $1,363,877.91Interest Expense on Retainage 510-500-5754-6613 W2241-A $6,820.00Meter Purchase-Replacement 510-500-5754-8456 W2241-M $5,000.00

Materials & Supplies 510-500-5754-8265 W2241-M $5,000.00

Contingency 510-500-5754-8810 W2241-T $27,000.00Total $1,407,697.91

RECOMMENDATION The Board of Commissioners approve a construction contract with John H. Pruett Construction Co., Inc., in the amount of $1,363,877.91, for Chimney Springs Phase 2 Water Main Replacement, Program No. W2241, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap


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LOCATION MAP

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Project

Project: Chimney Springs Phase 2 Water Main Replacement

Program Number: W2241

Land Lots: As Shown

Districts: 1st, 16th

Commission District: 3

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PURPOSE To approve Change Order No. 1 (final) to the construction contract with Tippins Contracting Co., Inc. for Gaylor Street Water Main Replacement, Program No. W2230.

BACKGROUND On October 23, 2012, the Board of Commissioners awarded Tippins Contracting Co., Inc. a contract to replace existing 6-inch asbestos cement and 2 ½-inch polyvinyl chloride water lines with approximately 3,500 linear feet of 6-inch ductile iron pipe water main along Gaylor Street, Gaylor Drive, and Gaylor Circle along with related appurtenances. Once excavation for the project was begun, a few sections of ductile iron pipe were found which did not require replacement. As a result, the construction has been completed at a cost of $174,899.08 or $49,566.92 less than the approved contract amount of $224,466.00.

Original Contract $224,466.00 Change Order No.1(final) ($49,566.92)

RevisedContract $174,899.08

Comm. Dist. 2


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FUNDING No additional funding is required for the Water System’s Gaylor Street Water Main Replacement, Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2230.

Decrease Encumbrance:

Transfer from: Gaylor Street Water Main Replacement Construction

Transfer to: Asbestos/Cement Water Main Replacement

GAE 500 510102312402 510-500-5754-8260 W2230-C $49,566.92

Change Order No. 1 (final) 510-500-5754-8260 W2230-C $49,566.92


RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the construction contract with Tippins Contracting Co., Inc., a savings to the project in the amount of $49,566.92, for Gaylor Street Water Main Replacement, Program No. W2230, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap


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Gaylor St

Martin Ct

Berryhill Cir

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Beachview Dr

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South Cobb Industria

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Millside Dr

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Coopers Creek Dr

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Sumac Cir

Millside Walk

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Creekside Ter

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Lake Laurel DrDunbar Trl

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Domer Dr

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Haven Park Cir

Wehunt Commons Dr

Cabretta Dr

Kirkwood Ln

Wehunt Ln

Durley Ln

LOCATION MAP

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Project

Project: Gaylor Street Water Main Replacement

Program Number: W2230

Land Lots: 605, 620

District: 17th


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PURPOSE To approve a work order under the FY12-FY13 Unit Price Contract for Water, Sewer, and Miscellaneous Services with K. M. Davis Contracting Co., Inc. for Mountain Hollow Drive Sewer Replacement, Program No. S1097.

BACKGROUND This project involves the replacement of approximately 315 linear feet of existing sanitary sewer main with 8-inch ductile iron pipe sanitary sewer main, service connections, and related appurtenances to resolve an existing grade issue. Recently, this sewer main has experienced several blockages and has become a significant maintenance issue. Prices for the work were solicited from all unit price contractors for FY12-FY13 Water, Sewer, and Miscellaneous Services, and prices were received on August 22, 2013. The lowest responsive bid was submitted by K. M. Davis Contracting Co., Inc. at a price of $95,195.95.

Comm. Dist. 3


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FUNDING Funding is available in the Water System’s Unidentified New & Replacement Sewer Lines Adopted CIP Budget for Fund 510, Department 500, Unit 5755, Program S1097. Transfer from: Unidentified New & Replacement Sewer Lines

Transfer to: Mountain Hollow Drive Sewer Replacement

Preliminary Estimates 510-500-5755-8005 S2503-Z $101,570.95

Construction 510-500-5755-8260 S1097-C $95,195.95Interest Expense on Retainage 510-500-5755-6613 S1097-A $475.00 Meter Purchase Replacement510-500-5755-8456 S1097-M $3,000.00Easements and Right of Way510-500-5755-8020 S1097-R $1,000.00Contingency 510-500-5755-8810 S1097-T $1,900.00Total $101,570.95

RECOMMENDATION The Board of Commissioners approve a work order under the FY12-FY13 Unit Price Contract for Water, Sewer, and Miscellaneous Services with K. M. Davis Contracting Co., Inc., in the amount of $95,195.95, for Mountain Hollow Drive Sewer Replacement, Program No. S1097, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap


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LOCATION MAP

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Project: Mountain Hollow Drive Sewer Replacement

Program Number: S1097

Land Lot: 316

District: 16


1:2,000

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PURPOSE To approve Change Order No. 1 to the construction contract with Chatfield Contracting, Inc. for a project in the vicinity of 2710 Wynford Avenue, Project No. SW1355.

BACKGROUND

On October 23, 2012, the Board of Commissioners approved a construction contract for the replacement of 140 linear feet of stormwater conveyance system near 2710 Wynford Avenue. During mobilization and utility location, the contractor uncovered subsurface conditions that were worse than anticipated which would necessitate the use of Type 2 foundation backfill material to stabilize the foundation and lower half of the pipe. Staff directed the contractor to submit a price for performing the additional pipe foundation preparatory work. A not-to-exceed fee of $12,763.50 was negotiated for this additional work.

Original Contract $54,851.20Change Order No. 1 $ 12,763.50

Revised Contract $67,614.70

Comm. Dist. 1


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FUNDING Additional funding is available in the Water System’s Stormwater Multi Year Adopted Budget for Fund 510, Department 500, Unit 5758, Program No. SW1355.

Transfer from: Stormwater Multi Year Budget

Transfer to: 2710 Wynford Avenue Drainage Contract R&M Service-Change Order No.1

Increase Encumbrance: GAE 500 510102312404 510-500-5758-6496 SW1355-Z $12,763.50

Drainage Contract R&M Service 510-500-5758-6496 SW9999-Z $12,763.50

510-500-5758-6496 SW1355-C $12,763.50

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 to the construction contract with Chatfield Contracting, Inc., in the increased amount of $12,763.50, for a project in the vicinity of 2710 Wynford Avenue, Project No. SW1355, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

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LOCATION MAP

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Project: 2710 Wynford Avenue

Program Number: SW1355

Land Lot: 273

District: 19


Description: Stormwater Conveyance System Rehabilitation

Project

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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


FROM: Faye DiMassimo, Director

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


PURPOSE To authorize the installation of speed humps on Shawnee Trail.

BACKGROUND

The Cobb County Speed Hump Policy provides a process whereby subdivisions or neighborhood areas can obtain speed humps for traffic calming on local roads which have a 25 MPH speed limit and meet required geometric, speed, and volume criteria. Traffic data is collected from the study roads to determine the 85th percentile traffic speed and the average daily traffic (ADT). If the 85th percentile speed is equal to or greater than 35 MPH and the ADT is between 300 and 3,000 vehicles per day on the study roads, then the corresponding proposed speed hump district qualifies for the speed hump petition process. A public meeting is conducted by the Department in order to provide affected property owners in the proposed speed hump district with relevant information prior to circulation of the petition. To qualify for the Board of Commissioner’s consideration, the petition must be returned with a minimum of 65 percent of property owners having registered their support for speed humps. Shawnee Trail is a County-maintained street located in Commission District 2. Traffic speed and volume were collected on Shawnee Trail in December of 2012, revealing an 85th percentile speed of 35 MPH and an ADT of 423 vehicles per day, thus qualifying for the petition phase of the study. A public meeting was held with the community on April 3, 2013, and the petition phase was initiated. Verification of the petition signatures from the speed hump district revealed 68.9 percent of the property owners supported the installation of speed humps on Shawnee Trail. Material cost for this project is estimated to be approximately $3,600.00, with installation completed by in-house crews. Installation of speed humps will disqualify this street from future Local Maintenance and Improvement Grant funding.

Comm. Dist. 2


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FUNDING Funding is available in the Department’s approved FY13 Operating Budget as follows: 010-050-0781-0787-6149 $3,600.00

RECOMMENDATION The Board of Commissioners authorize the installation of speed humps on Shawnee Trail.

ATTACHMENTSLocation Map


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PROJECT:Shawnee Trail Speed Hump

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DATE:September 10, 2013

Notes: Commission District 2

Cobb CountyDepartment of Transportation

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Cobb County Board of Elections & Registration Janine Eveler, Director

736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org

Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes


FROM: Janine Eveler, Director

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


PURPOSE To authorize boundary changes to precinct Kennesaw 4A and Kennesaw 5A, as part of a reconfiguration of the Kennesaw City precincts and for the convenience of the voters.

BACKGROUND Voters at the reconfigured Kennesaw 4A precinct will vote at Kennesaw Elementary School, 3155 Jiles Road, Kennesaw GA 30144. The current facility housing precinct Kennesaw 4A will accommodate the new registered voter base of 2,921.

Voters at the reconfigured Kennesaw 5A precinct will vote at Legacy Park Clubhouse, 4201 Legacy Park Circle, Kennesaw GA 30144. The current facility housing precinct Kennesaw 5A will accommodate the new registered voter base of 4,649.

The change will be part of a reconfiguration of the Kennesaw City precincts and will be for the convenience of the voters. This change is to be effective November 5, 2013 pending approval by the Cobb County Board of Commissioners. Once approved, the voters will be notified.

FUNDING N/A

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RECOMMENDATION The Board of Commissioners authorize boundary changes to precinct Kennesaw 4A, located at Kennesaw Elementary School, 3155 Jiles Road, Kennesaw GA 30144, and Kennesaw 5A, located at Legacy Park Clubhouse, 4201 Legacy Park Circle, Kennesaw GA 30144, as part of a reconfiguration of the Kennesaw City precincts and for the convenience of the voters.


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Cobb County Board of Elections & Registration Janine Eveler, Director

736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org

Fred Aiken Phil Daniell Guy Drexinger Patrick Gartland, Chair Joyette Holmes


FROM: Janine Eveler, Director

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


PURPOSE To authorize changes to the following precinct boundaries due to recent annexations: Austell 1A, Kennesaw 1A, Kennesaw 2B, Kennesaw 3A, Marietta 1A, Marietta 3A, Marietta 5B, and Marietta 6B to be in effect October 14, 2013.

BACKGROUND

As a result of recent annexations by the cities of Austell, Kennesaw and Marietta, it is necessary for the county to change the boundaries of the above listed precincts to conform to the new city limits. Notice of this change has appeared in the legal organ of the county. Once approved, affected voters will receive a new Precinct Card. A public hearing was held on September 9, 2013 at 4:00 P.M. to hear any objections to these proposed changes. No objections were filed; therefore, we ask the Commissioners for approval.

ANNEXATIONS

AUSTELL 1A:

Property located at 5464 Austell-Powder Springs Rd. consisting of 0.90 +/- acres. Land District 19, Land Lot 1281, Parcel 5.

Property located at 5530 Austell-Powder Springs Rd. consisting of 1.00 +/- acres. Land District

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19, Land Lot 1281, Parcel 10.

KENNESAW 1A:

Property located at 1403 Lockhart Dr. consisting of 4.52 +/- acres. Land District 20, Land Lot 136, Parcel 5.

KENNESAW 2B:

Property located at 3017 Cobb Pkwy consisting of 0.20+/- acres. Land District 20, Land Lot 125, Parcel 18.



KENNESAW 3A:

Property located at 4163 Wade Green Rd. consisting of 2.84+/- acres. Land District 20, Land Lot 60, Parcel 2.

MARIETTA 1A:

Island Annexation, Cobb Parkway South Area, consisting of 7.08 acres. Land District 17, Land Lot 581, Parcels 4, 6, 13, 17. Land Lot 642, Parcels 4, 8, 9, 10, 14 & 15.

MARIETTA 3A:

Island Annexation in Powder Springs St. Area consisting of 1.995 acres. Land District 17, Land Lot 148, Parcel 5.

MARIETTA 5B:

Unincorporated Island Annexation in Canton Rd. Area. (Ordinance #7641). District 16, Land Lot 875, Parcels 2, 3, 4, 5, 6, 12, 59, 63, 64, 66, 67, 68 & 71. Land Lot 926, Parcel 36.

MARIETTA 6B:

Unincorporated Island Annexation in Canton Rd. Area. (Ordinance #7641). District 16, Land Lot 854, Parcel 41. Land Lot 853, Parcel 2. Land Lot 804, Parcel 17. Land Lot 874, Parcels 1, 3, 11, 12, 13, 26, 35 & 50.

Unincorporated Island Annexation in Allgood Rd. Area. (Ordinance #7650). District 16, Land Lot 854, Parcels 4, 36, 37, 38, 39 & 40. Land Lot 874, Parcel 37. Land Lot 923, Parcels 8, 19 & 21. Land Lot 879, Parcel 4.


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FUNDING No additional funding is needed, because no additional polling places or poll workers will be necessary.

RECOMMENDATION The Board of Commissioners authorize changes to existing precinct boundary lines, due to recent annexations in Austell 1A, Kennesaw 1A, Kennesaw 2B, Kennesaw 3A, Marietta 1A, Marietta 3A, Marietta 5B, and Marietta 6B to be in effect October 14, 2013.


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Cobb County Senior Services Jessica Gill, Director

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


FROM: Jessica Gill, Director

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


PURPOSE To approve a contract for a special grant award received from the National Council on Aging, Inc. (NCOA) for the period of July 1, 2013 to January 31, 2014 to promote and to provide services for the Flu + You initiative.

BACKGROUND The National Council on Aging (NCOA) is a nonprofit service and advocacy organization headquartered in Washington, DC. They act as a national voice for older Americans and the community organizations that serve them. They bring together nonprofit organizations, businesses, and government to develop creative solutions that improve the lives of all older adults. The NCOA is promoting an initiative called Flu + You. NCOA has agreed to provide funds to Senior Services to implement activities and events that promote the primary objectives of this initiative which are to educate older adults about the threat of influenza and the importance of immunizations. The overall goal is to increase the impact of NCOA's local educational events by making them open to the public and promoting them by engaging the support of additional community organizations that serve the 65+ population in Cobb County. (www.ncoa.org/flu). Atlanta/Cobb will be the only location in Georgia to do this promotion and is 1 of 12 locations in the country.

This Agreement has been reviewed and approved as to form by the legal department.

IMPACT STATEMENT This grant requires no County match.

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FUNDING

Increase Revenue:

270-300-G711-4430 (Federal Revenue) $5,000.00

Total Revenue: $5,000.00

Increase Expenditure:

270-300-G711-6601 (Various Materials) $5,000.00

Total Expenditure: $5,000.00

RECOMMENDATION The Board of Commissioners approve a contract for a special grant award received from the National Council on Aging, Inc., in the amount of $5,000, for the period of July 1, 2013 to January 31, 2014, to promote and provide services for the Flu + You initiative, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSNCOA Grant Agreement for Flu + You


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Grantee Agreement

This Agreement is entered into by The National Council on the Aging Inc., hereinafter referred to as NCOA, and Cobb Senior Services hereinafter referred to as GRANTEE. The GRANTEE agrees to operate the project in accord with all clauses and exhibits included herein. This Agreement is contingent, in its entirety, on GRANTEE'S strict conformance with the terms of this Agreement.

GRANTOR GRANTEE

National Council on Aging

1901 L Street, NW, 4th Floor

Washington DC 20036

Cobb Senior Services

Senior Wellness Center

1150 Powder Springs Street

Marietta, GA 30064

Mailing address:

PO Box 649, Marietta, GA 30061

GRANTEE GRANT

PERIOD July 1, 2013 – January 31, 2014

Funds Awarded $5,000

Method of Payment [X] Cost Reimbursement

Per Payment Schedule III.B

[] Advance Payment

Approved for by: Approved for GRANTEE by:

NAME Donna Whitt

NAME: Timothy Lee

TITLE Chief Financial Officer

TITLE: Chairman, Cobb County Board of

Commissioners SIGNATURE

________________________ /________

Signature Date DATE

Approval As to Form:

___________________________________

Cobb County Attorney’s Office

WITNESSETH

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WHEREAS, the GRANTEE, an independent contractor, has agreed to provide services as detailed below; NCOA and the GRANTEE desire to enter into an agreement whereby NCOA will distribute funds received under its grant to the GRANTEE in exchange for said services.

That NCOA and the GRANTEE acting by and through their representatives have collectively agreed and by execution hereof are bound to the mutual obligations and to the performance and accomplishments of the tasks and provisions hereafter described.

I. PURPOSE

A. Project Objectives

The GRANTEE understands and agrees that the purpose of the Agreement is to:

Educate older adults about the threat of influenza and the importance of immunization through a new awareness initiative called Flu + You. The primary objectives, to be undertaken over a seven month (7) period, include:

1. Coordinate a media/press launch with the National Council on Aging and its partners Sanofi Pasteur

and WCG Public Relations. Work collaboratively with NCOA in identifying a senior center or other community location to hold media/press launch.

2. Disseminate Flu + You educational materials at the press launch and through GRANTEE’S local aging network including all senior centers in your area, local community partners including healthcare facilities, civic organizations, faith based community, among others.

3. All the educational materials are targeted to Seniors 65+ and their caregivers. The educational materials contain information on influenza disease burden and influenza vaccination options, for Seniors.

4. Grant funds cannot be used to purchase the flu vaccine. 5. GRANTEE will be required complete a materials distribution report . (see specific reporting

requirements under Section II, Term E).

6. B. Special Assurances

1) GRANTEE agrees to use its best efforts to comply with this Agreement.

2) In the event that GRANTEE is unable to perform such services in a manner consistent with this

Agreement, GRANTEE agrees to immediately notify NCOA of such, in writing.

II. GRANTEE RELATIONSHIP

A. Legal Authority

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The GRANTEE warrants that it is in compliance with all applicable state and federal requirements and standards and that it possesses the legal authority pursuant to any proper, appropriate and official motion, resolution or action passed or taken, giving the GRANTEE authority to enter into this Agreement, receive the funds authorized by this Agreement, and to perform the services the GRANTEE has obligated itself to perform under this Agreement. The person or persons signing and executing this Agreement on behalf of the GRANTEE, or representing themselves as persons authorized to sign and execute this Agreement on behalf of the GRANTEE, do hereby warrant and guarantee that they have been fully authorized by the GRANTEE to execute this Agreement on behalf of the GRANTEE and to validly and legally bind the GRANTEE to all terms, conditions, performances and provisions herein set forth. NCOA shall have the right to suspend or terminate this Agreement if there is a dispute as to the legal authority of either the GRANTEE or the person executing this Agreement. The GRANTEE shall be totally liable for return or reimbursement to the NCOA for all monies received if the Agreement is suspended or terminated.

B. Independent Contractor

Each of the parties is an independent contractor and neither party is, nor shall be considered to be, an agent, distributor or representative of the other. Neither party shall act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other. Neither party has authorization to enter into any contracts, assume any obligations or make any warranties or representations on behalf of the other party. Nothing in this Agreement shall be construed to establish a relationship of co-partner or joint venture between the parties. NCOA shall not be responsible and shall have no obligation to GRANTEE, the employees of GRANTEE or any governing body to withhold Federal, State, or local income tax, or NCOA’s employee portion of FICA or other payroll taxes, and other taxes relating from any individual assigned by BDT to provide services under this Agreement; to the extent permitted by Georgia law, GRANTEE shall indemnify, defend and hold NCOA harmless from all liabilities, costs and expenses, including without limitation reasonable attorneys’ fees resulting from all third party claims brought against NCOA for any FICA, FUTA, or SUI contributions and any other payroll taxes or any claims of any nature, by GRANTEE or other resources providing the Services under this Agreement.

C. Lobbying

By accepting this Agreement, the signer hereby certifies, to the best of his or her knowledge and belief, that:

1) GRANTEE will not attempt to influence any member of Congress, State or local

legislator to favor or oppose any legislation or appropriation with respect to this agreement.

2) Grant funds shall not be used for publicity or propaganda purposes, for the preparation,

distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film

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presentation designed to support or defeat legislation pending before the Congress or state and local legislatures.

3) Grant funds shall not be used to pay the salary or expenses of any grant or contract

recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriation pending before the Congress or state and local legislatures.

D. Scope of Agreement

That this written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which varies from the terms hereof shall be void.

That the provisions of this agreement are severable and if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court, federal agency, board or commission having jurisdiction over the grantee subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Provided, however, that NCOA retains the right to revoke this Agreement in its entirety, at NCOA’S discretion, in the event of non-compliance by GRANTEE or if NCOA has a reasonable basis for believing the GRANTEE is not or will not be carrying out the project as specified herein.

E. Reporting Requirements

1. GRANTEE will be required to provide an estimated education material distribution count for materials distributed to your senior centers, through your aging network and to any community event such as Senior Expo, Health Fair or workshop targeted specifically to older adults 65+.

2. GRANTEE will be required to provide a final report of distribution locations 30 days after the end of the grant period. These reports will be due no later than February 28, 2014.

3. GRANTEE will be required to respond to periodic emails and web-based surveys aimed

at gathering information, such as case studies and best practices, which will be helpful to NCOA and other pilot cities. GRANTEE will be required to share samples of any new learnings, materials and tools that are developed under this project.

F. Indemnification

To the extent permitted by Georgia law each party shall indemnify, defend and hold harmlessthe other for all liabilities, costs, claims and expenses, including, without limitation, reasonable attorneys fees, arising from third party claims brought against the other party for personal injury or death or damage to real property or intangible or tangible personal property to the extent caused by the negligent acts or omissions of the indemnifying party, provided, however, if there also is fault on the part of the other party or

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any entity or individual indemnified under this Agreement or any entity or individual acting on an indemnified party's behalf, the foregoing indemnification shall be administered on a comparative fault basis.

G. Subcontractors GRANTEE shall not subcontract or delegate any work under this Agreement to any third party except with NCOA’s approval of the subcontractor. NCOA shall provide its consent or withhold its consent by notice to GRANTEE within 10 calendar days after notice from GRANTEE of the subcontractor and the proposed agreement. Failure of NCOA to respond to a request for consent from GRANTEE shall be deemed to be NCOA’s approval of the subcontractor and the agreement. GRANTEE shall be responsible for the performance of any subcontractors, subsidiary or affiliated companies and shall be liable for and indemnify, defend and hold NCOA harmless for such subsidiary, affiliated company or subcontractor’s misuse or misappropriation of any Confidential Information or breach of the terms of this Agreement or the subcontractor’s agreement with GRANTEE.

III. GENERAL ADMINISTRATIVE PROVISIONS

A. Period of Performance

The term of this Agreement shall be for the period of July 1, 2013 through January 31, 2014.

B. Total Funds Awarded

NCOA will provide two (2) installments of funds over the grant period.

a. NCOA will make an initial payment of $2,500 upon execution of this document by GRANTEE and NCOA officials.

b. The final payment of $2,500 will be processed provided that the GRANTEE has submitted and received approval of final programmatic reports.

Payments will be distributed via check to the grantee only after receipt of this agreement,

signed by both parties, and a completed W-9 form. It is understood and agreed that in no event shall the total distribution of grant funds made by NCOA to GRANTEE during the term of the Agreement exceed the amount designated on Page 1.

C. Agreement Termination

That the performance of work under this Agreement may be terminated by NCOA in accordance with this Clause in whole or in part: 1) Termination for Cause

NCOA or the GRANTEE may terminate this Agreement when it has been determined that the other party has failed to provide any of the services specified within this

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Agreement. If the GRANTEE fails to perform in whole or in part the terms of this Agreement or fails to make sufficient progress so as to endanger performance, NCOA will notify the GRANTEE of such unsatisfactory performance in writing. The GRANTEE has ten (10) working days in which to respond with a written plan acceptable to NCOA for correction of deficiencies. If the GRANTEE does not respond within the appointed time with appropriate plans, NCOA shall serve a Notice of Termination on the GRANTEE which will become effective within thirty (30) days after receipt.

2) Termination for Convenience

Either NCOA or GRANTEE may request a termination for convenience. Either party shall give a thirty (30) day advance notice, in writing, of the effective date of such a termination. The GRANTEE shall be entitled to receive just and equitable compensation for any allowable services satisfactorily performed hereunder through the date of termination.

3) Notice of Termination Whenever for any reason any party shall determine that such termination is necessary, any such termination shall be effective by delivery to the other party a Notice of Termination specifying whether termination is for cause or for convenience the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. (Upon termination, NCOA will determine the amount due the GRANTEE, or otherwise, such sum will in no event exceed the face value of this Agreement.

In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the Agreement shall be equitably adjusted by agreement between the GRANTEE and NCOA, and such adjustment shall be evidenced by a modification to this Agreement.

IV. MISCELLANEOUS

A. No Advertising/Publicity

Neither party shall, without the prior written consent of the other, use in advertising, publicity, on the internet or otherwise the names, trade names, service marks, trade dress or logo of the other party or any of its affiliates or refer to the existence of this Agreement in any press releases, advertising, web sites or materials distributed or made available to prospective customers or other third parties.

B. Successors and Assigns

GRANTEE shall not assign, transfer or delegate any of the rights or obligations under this Agreement without the prior written consent of NCOA. This Agreement and all of its

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provisions shall inure to the benefit of and become binding upon the parties and the successors and permitted assigns of the respective parties.

C. Survival

Any provision of this Agreement which by its nature must survive termination or expiration in order to achieve the fundamental purposes of this Agreement shall survive any termination or expiration of this Agreement.

D. Confidential Information This Agreement shall apply to all confidential and proprietary information disclosed by each party to the other including, but not limited to, data relating to a party’s products, equipment, inventions, discoveries, trade secrets, secret processes, knowledge databases and proposals which access knowledge databases, financial data, personnel records, patient records, medical records, health information, test results, proprietary computer programs, marketing information, and any other similar information which is (a) clearly marked to indicate its confidential or proprietary status, if disclosed by one party to the other in written, graphic, recorded, photographic or any machine readable form, or (b) by its nature proprietary or non-public, even if not marked and regardless how it is disclosed. A party’s Confidential Information shall include Confidential Information of a party’s contractors, agents, and vendors.

"Confidential Information" shall not include information which (a) was already known to either party prior to the time that it is disclosed to such party hereunder; (b) is in or has entered the public domain though no breach of the Agreement or other wrongful act of either party; (c) has been rightfully received from a third party without breach of this Agreement; (d) has been approved for release by written authorization of either party; or (e) is required to be disclosed pursuant to the final binding order of a governmental agency or court of competent jurisdiction, provided that NCOA has been given reasonable notice of the pendency of such an order the opportunity to contest it.

Both parties agree that they will be deemed to be in a fiduciary relationship of confidence with respect to the Confidential Information disclosed to it by the other party. Both parties agrees to hold the other’s Confidential Information in strict confidence and not to disclose such information to any third party, or to use it for any purpose other than that contemplated by the parties at the execution of this Agreement. Both parties agrees that it will employ all reasonable steps to protect the Confidential Information from unauthorized or inadvertent disclosure, including without limitation all steps that it takes to protect its own information that it considers proprietary. Either party may disclose the other’s Confidential Information only to those employees having a need to know and only to the extent necessary to enable the parties to adequately perform their respective responsibilities.

No copies of the Confidential Information shall be made by either party except as may be necessary to perform services relating to the Confidential Information. If requested by NCOA, GRANTEE agrees to destroy any Confidential Information.

D. Governing Law

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This Agreement shall be governed by, and construed in accordance with, the laws of the Georgia without giving effect to choice of law principles. Any action brought under or in relation to this Agreement shall be brought in a State or Federal court with venue in the Georgia.

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Material Distribution Reporting Period

Please provide a report of distributed materials to your senior centers, community centers,

faith-based organizations, civic organizations and other community partner to educate older

adults about the flu.

.

Date of Distribution

Location

NCOA provided the following:

• Materials for Flu + You

• Provided fillable flyer to download and use for outreach to publicize local programs events to older adult consumers.

• Provided draft calendar listing for use in newsletter, agency website and other media outlets.

Please provide a summary from the community education events you held in your city. Please include the number of evaluations received and any comments provide

• List comments here

Remaining or Outstanding Follow

• List any that are applicable Problems Encountered/Anticipated and Solution

• List any that are applicable Please provide any suggestions or comments to consider for this program for next year.

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Reporting Period

of distributed materials to your senior centers, community centers,

based organizations, civic organizations and other community partner to educate older

City Number of pieces distributed

Materials for Flu + You

Provided fillable flyer to download and use for outreach to publicize local programs events to older adult consumers.

Provided draft calendar listing for use in newsletter, agency website and other media

Please provide a summary from the community education events you held in your city. Please include the number of evaluations received and any comments provided by an audience member.

Remaining or Outstanding Follow-up to be Completed

List any that are applicable

Problems Encountered/Anticipated and Solution

List any that are applicable

Please provide any suggestions or comments to consider for this program for next

of distributed materials to your senior centers, community centers,

based organizations, civic organizations and other community partner to educate older

of pieces

Provided fillable flyer to download and use for outreach to publicize local programs

Provided draft calendar listing for use in newsletter, agency website and other media

Please provide a summary from the community education events you held in your city. Please d by an audience member.

Please provide any suggestions or comments to consider for this program for next

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• List comments here

Thank you for filling out this form!

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Cobb County Information Services James A. Decker, Acting Director

100 Cherokee Street, Suite 520 Marietta, Georgia 30090-7000 (770) 528-8700 / fax: (770) 528-8706


FROM: James A. Decker, Acting Director, Information Services Willie A. Hopkins, Jr., Director, Support Services Agency

This item has been electronically signed by: Willie A. Hopkins, Jr., Director of Support Services James A. Decker, Acting Director


PURPOSE To approve an Enterprise Services Master Services Agreement with Comcast Cable Communications Management, LLC and to authorize provision of a third Internet Service Provider through Comcast to improve internal and external communications.

BACKGROUND

Currently, Cobb County runs Metro Ethernet (Metro E) services provided by AT&T in many County facilities. Metro E is widely accepted within the industry, and we have been successful with AT&T Metro E services to County facilities located in metropolitan settings. AT&T Metro E uses private circuits that do not go through the Internet so we do not have to share with other customers. The drawback to installing Metro E in remote locations such as Senior Services and Parks facilities is the cost of site work required for installation of conduit. The cost of the site work can make installation of Metro E at remote facilities economically unfeasible. A new class of service is now available that can deliver Carrier Ethernet 2.0 through cable TV-based Metro E connections that run through the same cable used for cable television. The cable can be directly buried in the ground, thereby eliminating construction costs associated with laying conduit. This service offers an alternative for provision of Metro E services to remote locations at an affordable cost. There are three cable TV carriers in Cobb County: AT&T U-verse, Charter Communications, and Comcast. Comcast is the only provider in Cobb County that provides Carrier Ethernet 2.0 that allows carriers to distinguish Quality of Service (QoS) to prioritize traffic through their network. QoS is necessary for Cobb County to be able to run Voice over IP phones. Carrier Ethernet 2.0 provides better fail-over and redundancy capabilities; therefore, customer uptime

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service is improved. The other two carriers--AT&T U-verse and Charter Communications--support Carrier Ethernet 1.0 which does not offer QoS. The service through Comcast can provide three times faster speed than offered by AT&T, reduce construction costs, and improve uptime service through better failover and redundancy capabilities. Board approval is requested for an Enterprise Services Master Services Agreement with Comcast Cable Communications Management, LLC. There is no dollar value associated with approval of the Master Services Agreement. Specific services would require submission of a Sales Order from funds which have been budgeted and identified. Additionally, Board authorization is requested to provide a third Internet connection through addition of a 100M Internet connection provided by Comcast. A third provider is requested because our two current Internet connections consistently run at 100% during business hours. Connection saturation results in slower access speeds to not only the Internet but also connectivity drop offs for Internet dependent applications. Examples of Internet dependent applications include the Police and Fire RMS and GCIC access, Community Development, Water, Parks and Recreation, and DOT. Credit card processing at Water and the Tag Office requires Internet access for credit transactions. All incoming and outgoing County email uses the Internet. The cost of a third Internet connection includes one-time costs of $500 and annual operating expenses of $21,828.00.

FUNDING Funding is available in the FY 13 operating budget of the Information Services Department.

RECOMMENDATION The Board of Commissioners approve an Enterprise Services Master Services Agreement with Comcast Cable Communications Management, LLC; authorize provision of a third Internet Service Provider through Comcast to improve internal and external communications; authorize the Chairman to execute the necessary documents; and further authorize the Purchasing Director to execute any resulting Sales Orders for which funds have been budgeted and identified.


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Cobb County Community Development Agency Rob Hosack, AICP, Director

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


FROM: Rob Hosack, AICP, Director

This item has been electronically signed by:Rob Hosack, AICP, Director


PURPOSE To adopt deannexation response per HB489 Intergovernmental Agreement regarding 2.4 acres land use known as Country Walk Drive and Old Lost Mountain Road for the City of Powder Springs.

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 and deannexation responses by the County in order to be valid.

FUNDING N/A

RECOMMENDATION The Board of Commissioners adopt deannexation response per HB489 Intergovernmental Agreement and regarding 2.4 acres land use known as Parcels 26, 92, 97 of Land Lot 753, District 19th, known as Country Walk Drive and Old Lost Mountain Road for the City of Powder Springs.

ATTACHMENTSResponse to the City of Powder Springs Deannexation

Comm. Dist. 4


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PURPOSE To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille, 2550 Sandy Plains Rd., Suite 300, Marietta, Georgia 30066, Susan Whiteside, licensee.

BACKGROUND

On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance restrictions are waived for the issuance of alcoholic beverage licenses and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On July 25, 2013 the application for the Cobb County liquor, beer, wine, and Sunday sales pouring license for JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille was originally denied by the Business License Division Manager. The location of JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille, 2550 Sandy Plains Rd., Suite 300, Marietta, Georgia 30066, does not meet the distance requirements to a residence. The appeal of JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille was heard before the License Review Board on August 22, 2013. After considering all testimony and evidence presented during the hearing and the online questionnaire the License Review Board recommended approval of the application for a Cobb County liquor, beer, wine, and Sunday sales pouring license for JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille.

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FUNDING N/A

RECOMMENDATION The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the appeal hearing of August 22, 2013 for JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille.

ATTACHMENTSSummary of August, 2013 Appeal Hearing

License Review Board Questionnaire

Survey


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Summary of Appeal Hearing before the Cobb County License Review Board for JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille, located at

2635 Sandy Plains Rd., Suite 300, Marietta, GA 30066, Susan Whiteside, licensee. On August 22, 2013 the hearing was conducted in the Bid Room,

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

License Review Board Vice Chairperson Milton Beck began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sandra Richardson, Business License Division Manager, explained that the application was denied as provided in Section 6-124 of the Cobb County Code of Ordinances for failure to meet the distance requirement to a residence and Section 6-125 of the Cobb County Code of Ordinances for failure to meet the distance requirement to a school. Ms. Richardson stated that the survey submitted with the application indicated that there were two schools within 600 feet of the entrance of the proposed location. Ms. Richardson stated that both schools are private schools that are not State of Georgia accredited and do not meet the definition of a school as defined in the Cobb County Code of Ordinances. Ms. Richardson clarified that the only basis for denial is Section 6-124 of the Cobb County Code of Ordinances. Susan Whiteside, owner, manager, and licensee of Jerseys, provided the License Review Board a mission statement that she prepared and read to the License Review Board. Ms. Whiteside stated that the focus of her business is to provide quality food in a restaurant that offers alcoholic beverages. Ms. Whiteside stated that she successfully owns and operates a Jerseys in Cherokee County. Ms. Whiteside stated that she has owned the Cherokee County location for three years and has never had any violations. Ms. Whiteside stated that she is excited about being successful at the new location in Cobb County. Ms. Whiteside stated that their policy is to check the identification of everyone who orders alcoholic beverages no matter how old they appear to be. Ms. Whiteside stated that to her knowledge there had been no opposition to the application. Ms. Whiteside stated that her restaurant is a sports bar atmosphere where there will be a number of large televisions playing sporting events. Ms. Whiteside also stated that there will be an arcade area where children can play and be entertained. Ms. Whiteside reiterated that while she offers a sports bar atmosphere, her business is a family restaurant where quality food is the focus. After considering all the evidence and testimony presented and the online questionnaire completed by the applicant, and pursuant to a motion by Larry Walker and a second by Jim Pehrson, the License Review Board recommended approval of the liquor, beer, wine, and Sunday sales pouring license for JSJ Gameplay, LLC, doing business as, Jerseys Sports Bar & Grille. The License Review Board voted 4-0 in favor of this motion.

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21` too close to nearest residence property line and 178` from private preschool

residence and school

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

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

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

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

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

I am not aware of other establishments that currently serve alcoholic beverages in this immediate area. However, I am aware of three establishments that have been in this exact location that were provided liquor licenses by Cobb County. Aldo`s Italian Restaurant was the first restaurant that opened in this building in 1987. Buffalo`s Cafe existed in this location in more recent years. The most recent resident of this location was Stadium which closed in 2011. Pizza 3.14 briefly occupied this space but closed before their license to sell beer and wine was approved.

There is no opposition to Jerseys Sports Bar & Grille opening at this location. On the contrary, I have been approached by many local residents and business owners who are very eager for Jerseys to open. There is a need for a good, non-fast-food restaurant in this area.

Yes

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

No

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

No

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

License Number: ALC000675 Licensee: SUSAN M WHITESIDE

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

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

ALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCE RESTRICTION

QUESTIONS FOR THE LICENSEE

Paul FosterBusiness License

Division Manager

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APHR_ALCH_ LIC_DISTANCE

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No

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

No

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

No

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

Family restaurant with bar -- emphasis on sports

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

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

All servers go through an extensive training process for a MINIMUM of five days. Jerseys` bartenders are all promoted from within after serving on the wait staff for AT LEAST one year. Only the most qualified and experienced servers are promoted and allowed to serve alcoholic beverages from behind the bar. We also hold mandatory employee meetings on a regular basis where policies and procedures are reviewed. All servers and bartenders must pass a menu test and operations/policy test before they are allowed to serve customers.

We ID everyone. No exceptions. We do not serve alcohol to anyone who does not have a valid ID -- no matter how old they appear to be.

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

Most importantly, employees check for the age of the individual to ensure the person is 21 or older and then to make sure the license is not expired. They also look for the Georgia hologram/seal. The server or bartender then checks to make sure the photo matches the individual. If the license is out-of-state, a manager must verify the validity of the license using the assistance of printed material and internet if necessary. If an employee has ANY doubt about the validity of the license, the situation is turned over to a manager for handling before any alcoholic beverage is served to that individual. Flashlight tests can also be performed.

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

Employee handbooks. Memoranda from management posted.

16. Were the written policies provided with the application?

Yes

17. What type of menu does the establishment have?

Jerseys offers a full menu selection of American fare, including hand-cut steaks, hand-made pastas, specialty burgers, award-winning wings, homemade soups, fresh salads, grilled fish, pizza, wraps, and a wide assortment of appetizers.

18. Was the menu submitted with the application?

Yes

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

approximately 70%

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

n/a

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

Sunday and Monday 11:00 am to 10:00 pmTuesday through Saturday 11:00 am to midnight

22. Are there cameras in the establishment?

Yes

23. How many cameras?

eleven at present -- more to be added

24. How often are they reviewed?

viewed on a daily basis by management and reviewed as needed due to circumstances

25. Why are they reviewed?

review employee behavior and for security purposes

26. How long is the video maintained?

indefinitely

27. Is the establishment going to have live entertainment?

No

28. Is the establishment going to have a disc jockey?

No

29. Is the establishment going to have a dance floor?

No

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

I can only put policies and practices in place and do my very best to ensure that all employees abide by these policies. I personally don`t drink, which makes me a perfect candidate to hold the liquor license in my name at both of my establishments. I run a "tight ship," and my managers and employees know that Jerseys is very serious about maintaining the highest standards and abiding by all state and county laws when it comes to serving alcoholic beverages. We do not overpour. We ID everyone. We do not sell to minors. If an employee should ever violate our policies or procedures in this regard, they will be terminated immediately. My employees have always passed undercover sting operations at our current store in Cherokee County.

31. Why should the LRB grant the alcohol license?

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I am very confident that Jerseys Sports Bar & Grille is going to be a very good addition to this community. Jerseys has already partnered with Sprayberry High School to sponsor its football season. Jerseys prides itself on being a "family restaurant that just happens to have a bar." Our focus is not on the sale of alcohol or catering to a late-night crowd. Our focus is on providing great food at moderate prices in at atmosphere specifically designed for sports fans of all ages. We encourage ball teams (both youngsters and young-at-heart) to bring their team parties here. We are an official headquarters for Falcons fans to come watch the games with their friends. This area (at the corner of Sandy Plains Road and East Piedmont Road) is in dire need of a non-smoking, family establishment such as Jerseys. Other establishments have failed in this location due to poor management and poor standards. Jerseys has set itself up to be successful and a long-time resident of the Sprayberry location. Our Woodstock location, which has been open and highly successful for four and a half years, is a testament to this fact.

First of all we already have an outstanding reputation for abiding the law at our Woodstock location. Cherokee County police know that Jerseys is not a problem for the community. We don`t overserve. We don`t have bar room brawls. We are a family restaurant. I will be sitting down with management to again review the Cobb County ordinances prior to opening in Cobb County. All servers will be required to obtain alcohol server permits and have them on file with Jerseys before they will be allowed on the floor.

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


First of all we already have an outstanding reputation for abiding the law at our Woodstock location. Cherokee County police know that Jerseys is not a problem for the community. We don`t overserve. We don`t have bar room brawls. We are a family restaurant. I will be sitting down with management to again review the Cobb County ordinances prior to opening in Cobb County. All servers will be required to obtain alcohol server permits and have them on file with Jerseys before they will be allowed on the floor.

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

Yes

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

Yes

35. What are the consequences?

Immediate termination for any employee found to serve alcoholic beverages in violation of the law.

36. How many employees will the establishment have?

approximately 30

37. How often will they be retrained?

Management holds regular staff meetings - bi-monthly on average

38. Will you implement a secret shopper program?

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Yes

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

Write-up, suspension or termination depending on severity of infraction. Serving alcohol improperly would result in termination.

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

NA

41. Is there an override option?

No

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

NA


Yes

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

Yes

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

Yes

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

No

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

No

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PURPOSE To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376, 4651 Woodstock Rd., Roswell, Georgia 30075, Chad Harris, licensee.

BACKGROUND

On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance restrictions are waived for the issuance of alcoholic beverage license and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On July 25, 2013 the application for the Cobb County beer, wine, and Sunday sales package license for Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376 was originally denied by the Business License Division Manager. The location of Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376, 4651 Woodstock Rd., Roswell, Georgia 30075, does not meet the distance requirements to a residence. The appeal of Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376 was heard before the License Review Board on August 22, 2013. After considering all testimony and evidence presented during the hearing and the online questionnaire the License Review Board recommended approval of the application for a Cobb County beer, wine, and Sunday Sales package license for Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376.

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FUNDING N/A

RECOMMENDATION The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the appeal hearing of August 22, 2013 for Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376.

ATTACHMENTSSummary of August 22, 2013 Appeal hearing


Survey


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Summary of Appeal Hearing before the Cobb County License Review Board for Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376, located at 4651 Woodstock Rd., Roswell, Georgia 30075, Chad Harris, licensee. On August 22, 2013 the hearing was conducted in the bid room located at 1772 County Services Parkway, Marietta, Georgia 30008.

License Review Board Vice Chairperson Milton Beck began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sandra Richardson, Business License Division manager, stated that the application was denied based on Section 6-124 of the Cobb County Code of Ordinances. Ms. Richardson stated that according to the survey submitted with the application that the entrance of the proposed location is 293 feet from the nearest residential property line.

Mike Sard, attorney for Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376, stated that Chad Harris, the licensee and general manager, and Glen Wilkins, Manager of Public Affairs at Wal-Mart, were present to testify. Mr. Sard stated that the Business License Division denied the Walmart Neighborhood Market #2376’s alcoholic beverage license because the proposed entrance of Walmart Neighborhood Market #2376 is within 300 feet of the property line of a residence. Mr. Sard stated that the distance requirement to the residence was the only reason for denial. Mr. Sard stated that to his knowledge there was no opposition to this application.

Mr. Sard stated that issuing the alcoholic beverage license to Walmart Neighborhood Market #2376 would not have an adverse affect on either of the residences or the property values of the residences. Mr. Sard provided the License Review Board with aerial pictures of the location of Walmart Neighborhood Market #2376 and the surrounding area. Mr. Sard pointed out that other businesses in the area possess alcoholic beverage licenses. Mr. Sard referred to the online questionnaire in reference to Walmart’s policies and procedures in reference to alcohol sales. Mr. Wilkins stated that to his knowledge there have been no alcohol violations at any of the Walmart stores located in Cobb County. Mr. Wilkins stated that Walmart Neighborhood Market #2376 is a 60,000 square foot grocery store that offers one stop shopping for convenience. Mr. Wilkins stated that only 1% of Walmart Neighborhood Market #2376 sales would be from the sale of alcohol. Mr. Wilkins stated that having an alcoholic beverage license would be a convenience for Walmart’s customers. Mr. Wilkins states that alcohol would not be visible from the exterior of the store and that there is no signage in the store advertising alcohol. Mr. Wilkins stated that issuing an alcoholic beverage license to Walmart Neighborhood Market #2376 would not have an adverse effect on the residences or the surrounding area. Mr. Wilkins also stated that the issuance of an alcoholic beverage license would not increase vehicle traffic or foot traffic.

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Wal-Mart Stores East, LP-d/b/a-Walmart Neighborhood Market #2376 Summary of Appeal Hearing, August 22, 2013

Mike Sard summarized the evidence provided to the License Review Board. Mr. Sard reiterated that there are businesses in the surrounding area that possess alcoholic beverage licenses. Mr. Sard stated that granting Walmart Neighborhood Market #2376 an alcoholic beverage license would not have an adverse effect on the residences or the property values of the residences. Mr. Sard stated that evidence had been presented to the License Review Board to waive the distance requirements for Walmart Neighborhood Market #2376.

After considering all evidence and testimony presented and after considering the online questionnaire completed by the applicant, and pursuant to a motion by Jim Pehrson and a second by Larry Walker the License Review Board recommended approval of the beer, wine, and Sunday sales package license for Wal-Mart Stores East, LP, doing business as, Walmart Neighborhood Market #2376. The License Review Board voted 4-0 in favor of this motion.

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Section 6-124 of the Cobb County Code of Ordinances - 300` required. Actual distance to property line of nearest residence is 293`.

Residence.






1) The subject location was formerly a Kroger Supermarket that sold beer and wine by the package; 2) Quik Trip #754, 4635 Woodstock Road, appx. 320`; 3) El Jinete Mexican Restaurant, 4681 Woodstock Road (same shopping center as subject location).

Having consulted with the Cobb County Business License Division, Wal-Mart is unaware of any opposition to its application.

Yes


No


No


No


License Number: alc000672 Licensee: CHAD TURNER HARRIS






Division Manager

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No


No


Grocery store.



Computer based alcohol awareness training. Copies of the screens from the computer module used for training are included with the alcohol license application.

Wal-Mart`s Policy is to require valid, lawful identification from all persons who wish to purchase alcoholic beverages who appear to be less than forty (40) years of age.


Confirm that: 1) the guest does not appear to be intoxicated; 2) Document presented is an unaltered driver’s license, state identification card, passport or military identification; 3) Document is unexpired; 4) Document includes photograph matching the customer; 5) Document includes physical description matching the customer; 6) Customer’s date of birth evidences that the customer is more than twenty one (21) years of age; 7) Document is neither the old version under 21 Georgia driver’s license (red outline; red date of birth; state’s “Under 21”) nor the new version of the under 21 Georgia driver’s license (vertical identification card; states “Under 21”); 8) Document does not have smudged printing; 9) Back of document does not state "Novelty Purposes Only"


Please see application.Please note that the response to Question 6 above assumes that "you" means Chad Turner. Wal-Mart Stores East, LP has previously had some of its alcoholic beverage licenses subjected to disciplinary action for violations of state law or local ordinances regulating the sale of alcoholic beverages. However, no such action has previously occurred in establishments regulated by Cobb County, Georgia.


Yes


No menu. Not a restaurant.


No


Estimated to be 96% food, 4% alcohol.

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Approximately 1%.


Twenty four (24) hours per day; seven (7) days per week.


Yes


70 - 80 different camera views.


As needed. See response to Question 25.


Cameras are only reviewed when incidents are reported, register shortages occur, review accidents, policy and/or procedure violations.


30 - 45 days.


No


No


No


Staff and management are trained at least annually in responsible alcohol sales and service. Wal-Mart has never had an alcohol violation for any of its stores in unincorporated Cobb County. Any violation of company policy by an employee regarding the sale of alcoholic beverages will result in termination of the employee.


With the exception of compliance with Cobb County Code of Ordinances Section 6-124, Applicant is entitled to receive this license as a matter of right having otherwise complied with all requirements of the Cobb County Code of Ordinances. Pursuant to Cobb County Code of Ordinances Section 6-124, applicant shall demonstrate that by granting the license, the property values of the residence will not be affected, that the quiet enjoyment of the neighboring residences shall not be adversely affected, and that there shall be no other adverse effect on the residents.

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Upon completion of responsible alcohol sales and service training, each employee file includes confirmation that the employee has passed the training program. Also, each employee file is updated to track when the employee has again passed annual training. Each employee file also includes the written agreement from the employee that he or she will comply with all company policies.



Upon completion of responsible alcohol sales and service training, each employee file includes confirmation that the employee has passed the training program. Also, each employee file is updated to track when the employee has again passed annual training. Each employee file also includes the written agreement from the employee that he or she will comply with all company policies.


Yes.


Yes


Termination from employment.


95


Annually.


Yes




No


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No


N/A. However, when an alcoholic beverage is scanned into the register system, the register asks the cashier, "IS CUST 40? YESNO." If cashier enters "yes," the alcohol transaction continues. If the cashier enters "no," the register prompts "ENTER CUST BIRTHDATE MM/DD/YYYY." Cashier then request identification from guest and the customer`s date of birth is entered into the register. If the customer is 21years of age or older, the transaction continues. If the customer is less than 21 years of age, the alcohol sale is denied, the register will not authorize the sale and the register states "SALE DENIED CUST. UNDER 21."


Yes


Yes


Yes


Yes


Yes

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Cobb County CDBG Program Office Kimberly Roberts, Director

121 Haynes Street Marietta Marietta, Georgia 30060 (770) 528-1455 / fax: (770) 528-1466 Administered by W. Frank Newton, Inc. An Equal Opportunity Employer Program Management Firm for Cobb County Frank Newton, President


FROM: Kimberly Roberts, Director

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


PURPOSE To authorize the amendment of Cobb County’s Annual Action Plan for Program Year 2013 project allocations based upon the United States Department of Housing and Urban Development’s final grant allocation for HOME Investment Partnerships Act program.

BACKGROUND On December 11, 2012, the Board of Commissioners approved a preliminary budget for Program Year (PY) 2013 HOME Investment Partnerships Act (HOME), in the amount of $995,443.00, based on 70% of the PY 2012 grant agreements. On August 27, 2013, the Board of Commissioners approved an amendment to the final budget for PY2013 HOME Program for $1,490,203.90 based on PY2013 funding allocations released by United States Department of Housing and Urban Development (HUD). However, due to a revision to the final allocation notice released by HUD on May 30, 2013, the HOME program grant allocation was decreased by $202.90. The final HOME allocation for PY2013 is $1,490,001.00.

IMPACT STATEMENT

The HOME Program requires matching sources of funds and these requirements are passed on to the subrecipient agencies. Cobb County will not have to provide General Fund matching resources for these grants. HOME funding is appropriated annually by Congress, with no guarantee of funding amounts for next year. Pre-awards are made subject to receipt of adequate HOME funding. All funds will be provided by HUD and the reallocation of funds is permissible

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under HUD guidelines.

FUNDING An error was discovered in the agenda item regarding the final allocations budget; the HOME budget should have been decreased by $202.90. To correct this error, the funding level, as depicted in Attachment B, is based on amended PY2014 HOME program allocations, in the amount of $1,490,001.00.

RECOMMENDATION The Board of Commissioners authorize the amendment of Cobb County’s Annual Action Plan for Program Year 2013 project allocations based upon HUD’s final grant allocation for HOME Investment Partnerships Act program; authorize the corresponding budget transactions; and further authorize the Chairman to execute all necessary documents.

ATTACHMENTSAttachment B - Amended HOME Allocations


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Attachment B

Cobb County (57.6%)Cobb County CHDO Activities

Cobb CHDO - Program - Cole Street Development Corporation (15%) 128,754.00$ 128,736.00$ (18.00)$ 287 390 HM13 C H13CI 4412 6617Cobb CHDO - Operating - Cole Street Development Corporation (5%) 42,918.00$ 42,912.00$ (6.00)$ 287 390 HM13 O H13BI 4412 6617

Other HOME Activities Habitat for Humanity of Northwest Metro Atlanta, Inc. - Acquisition 50,000.00$ 50,000.00$ -$ 287 390 HM13 N H13CH 4412 6618

Habitat for Humanity of Northwest Metro Atlanta, Inc. - Down Payment Assistance 70,000.00$ 70,000.00$ -$

287 390 HM13 D H13BH 4412 6618

Cole Street Development Corporation - Acquisiton 77,000.00$ 77,000.00$ -$ 287 390 HM13 N H13CL 4412 6618Marietta Housing Authority 100,000.00$ 100,000.00$ -$ 287 390 HM13 D H13CM 4412 6618MUST Ministries, Inc. - TBRA 53,851.00$ 53,769.00$ (82.00)$ 287 390 HM13 R H13CJ 4412 6618Young Women's Christian Association - Building Renovation1

250,000.00$ 250,000.00$ -$ 287 390 HM13 M H13CY 4412 6618Administration -$

Cobb County Program Administration and Planning to WFN (10%) 85,836.00$ 85,824.00$ (12.00)$ 287 390 HM13 A H13CA 4412 6619

858,359.00$ 858,241.00$ City of Marietta (15.5%)

City of Marietta CHDO - Program 34,647.00$ 34,643.00$ (4.00)$ 287 390 HM13 C H13MI 4412 6617City of Marietta CHDO - Operating 11,549.00$ 11,547.00$ (2.00)$ 287 390 HM13 O H13TI 4412 6617City of Marietta - Uncommitted (Marietta New Home Replacement) 161,687.00$ 161,665.00$ (22.00)$ 287 390 HM13 Q H13M9 4412 6617City of Marietta Program Administration and Planning 23,098.00$ 23,095.00$ (3.00)$ 287 390 HM13 A H13MA 4412 6619

Total - City of Marietta 230,981.00$ 230,950.00$ Cherokee County (19.4%)

Cherokee County CHDO - Program - North Georgia Community Housing Development Corp 57,819.90$ 57,812.00$ (7.90)$ 287 390 HM13 C H13K8 4412 6617

Cherokee County Owner Occupied Housing Rehabilitation 202,370.00$ 202,342.00$ (28.00)$ 287 390 HM13 S H13K5 4412 6618Cherokee County Program Administration 14,454.00$ 14,453.00$ (1.00)$ 287 390 HM13 A H13KA 4412 6619Cherokee County Program Administration to Cobb County 14,455.00$ 14,453.00$ (2.00)$ 287 390 HM13 A H13KC 4412 6619

Total - Cherokee County 289,098.90$ 289,060.00$ City of Roswell (7.5%)

City of Roswell CHDO - Program 16,764.00$ 16,762.00$ (2.00)$ 287 390 HM13 C H13RM 4412 6617City of Roswell CHDO - Operating 5,588.00$ 5,587.00$ (1.00)$ 287 390 HM13 O H13WM 4412 6617City of Roswell - Uncommitted 78,237.00$ 78,227.00$ (10.00)$ 287 390 HM13 U H13R9 4412 6617City of Roswell Program Administration 5,588.00$ 5,587.00$ (1.00)$ 287 390 HM13 A H13RA 4412 6619City of Roswell Program Administration to Cobb County 5,588.00$ 5,587.00$ (1.00)$ 287 390 HM13 A H13RC 4412 6619

Total - City of Roswell 111,765.00$ 111,750.00$ TOTAL 1,490,203.90$ 1,490,001.00$ (202.90)$

PY 2013 [$1,490,204]

Program Revenue Expense Net

Allocation +/-

Fund DeptMajor

ProgramPhase

Amended Final 2013 Allocation

¹ YWCA Pre-Award Amount Year 4 of 5 ($1,000,000 total over 5 years - Yr 1 - $100,000; Yr 2 - $200,000; Yr 3 - $200,000; Yr 4 - $250,000; Yr. 5 - $250,000)

PY2013 HOME Investment Partnership Final

Final 2013 Allocation

(BOC Approved 8/27/2013)

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


PURPOSE To authorize the amendment of Cobb County’s Annual Action Plan for Program Years 2007, 2009, 2010, 2011, and 2012 and reallocate unexpended Community Development Block Grant program funds to eligible Community Development Block Grant program activities.

BACKGROUND

Cobb County proposes to reallocate a total of $397,560.83 in unexpended Community Development Block Grant (CDBG) program funds from various projects that were cancelled or completed. These funds are currently allocated to Friends of Disabled Adults and Children ($275.40), the Austell Senior Center Construction Project ($18,381.19), Zion Baptist Church ($137,000.00), Sheltering Arms ($5.19), Kennesaw State University’s Research and Service Foundation ($5,871.67), Marcus Jewish Community Center ($3,008.81), Cobb County Property Management ADA Project ($225,000.00), and Cobb County Senior Services ($8,018.57). The CDBG Program Office proposes to reallocate these funds to the following organizations: Turner Hill CDC-Harmony House ($10,000.00), Right in the Community ($2,532.98), The Edge Connection ($40,000.00), Nobis Works (59,632.00), Sheltering Arms ($37,700.00), The Extension, Inc.($20,000.00), The Center for Family Resources ($32,904.00), Cobb County’s North Cobb Senior Center ($44,991.85), and the City of Acworth Trailway Project ($150,000.00). The CDBG Program Office has confirmed that each of the non-profit organizations listed above will be unable to utilize the remaining program funds and have been notified in writing of the reallocation of funding. The CDBG Program Office has also confirmed that Cobb County Senior Services is unable to utilize remaining program funds from the purchase of a van and the Austell Senior Center

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Construction Project which was completed under budget. Lastly, Property Management has identified $175,000.00 in eligible projects for PY2012 out of an original allocation of $400,000.00. The remaining balance of $225,000.00 will be reallocated to other eligible CDBG projects. This amendment is classified as substantial and warrants a public review meeting and comment period because the funds will be used for new activities. A public notice was published on Friday, August 2, 2013 commencing a 30 day public comment period that concluded on Monday, September 2, 2013. This amendment was reviewed at a public review meeting on Wednesday, August 21, 2013 during which the following public comments were received (see attached).

IMPACT STATEMENT Community Development Block Grant funds have been provided to Cobb County by the U.S. Department of Housing and Urban Development (HUD) and the reallocation of these funds is permissible under HUD guidelines. All citizen participation guidelines have been met via public notice and public review meeting. The amount of this reallocation of funds constitutes a substantial amendment. There will be no impact to the General Fund.

FUNDING

The following budget appropriations account for the transfer of the CDBG Program funds allocated for various activities to the other various activities:

Transfer from:

285-390-CD12-C12C9-U-6574 Cobb Property Management $225,000.00

Transfer to:

285-390-CD12-C12CT-P-6574 Turner Hill Harmony House $10,000.00

285-390-CD12-C12BD-P-6574 Right in the Community $2,532.98

285-390-CD12-C12CX-T-6574 The Edge Connection $40,000.00

285-390-CD12-C12CN-F-6574 Nobis Works! $59,362.00

285-390-CD12-C12BC-F-6574 Sheltering Arms $37,770.00

285-390-CD12-C12BE-F-6574 The Extension, Inc. $20,000.00

285-390-CD12-C12CB-F-6574 The Center for Family Resources 32,904.00

285-390-CD12-C12C7-F-6574 Cobb County - North Cobb Senior Center $22,431.02

Total $225,000.00

Transfer from:

280-390-CD07-005B-0288-6574 Friends of Disabled Adults and Children $275.40

280-390-CD07-003A-0355-8005 Austell Senior Center Construction Project $1,357.87

280-390-CD07-003A-0355-6577 Austell Senior Center Construction Project $3.40

Total $1,636.67


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Transfer to:

280-390-CD07-003A-0356-6574 Cobb County North Cobb Senior Center $1,636.67

Transfer from:

280-390-CG10-003M-0263-6574 Sheltering Arms $5.19

Transfer to:

280-390-CG10-003A-0410-6574 Cobb County North Cobb Senior Center $5.19

Transfer from:

285-390-CD12-C12BA-F-6574 Austell Senior Center Construction Project $4,019.92

285-390-CD12-C12CD-P-6574 Marcus Jewish Community $3,008.81

285-390-CD12-C12CC-P-6574 Cobb Senior Services $8,018.57

285-390-CD12-C12CW-P-6574 KSU Research & Service Foundation $5,871.67

Total $20,918.97

Transfer to:

285-390-CD12-C12BC-F-6574 Cobb County North Cobb Senior Center $20,918.97

Transfer from:

280-390-CD07-003A-0355-8005 Austell Senior Center Construction Project $13,000.00

280-390-CD07-003C-0324-6574 Zion Baptist Church $75,000.00

280-390-CD11-0005-0324-6574 Zion Baptist Church $42,000.00

280-390-CD12-C12CR-F-6574 Zion Baptist Church $20,000.00

Total $150,000.00

Transfer to:

280-390-CD07-003F-0391-6574 City of Acworth Trailway Project $13,000.00



285-390-CD12-C12CR-F-6574 City of Acworth Trailway Project $20,000.00

Total $150,000.00

RECOMMENDATION The Board of Commissioners authorize the amendment of Cobb County’s Annual Action Plan for Program Years 2007, 2009, 2010, 2011, and 2012 and reallocate unexpended Community Development Block Grant funds to eligible Community Development Block Grant program activities; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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ATTACHMENTSPublic Comment A


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Public Comments A

Cobb County CDBG Program Office

FY2013 Supplemental Allocations for CDBG

August 21, 2013

Public Comments

Comment #1: What is the Timeframe the money will need to be spent?

Comment #2: Representative from Sheltering Arms asked about guidance on the project.

Comment #3: Representative from Sheltering Arms asked about PY2014 Projects.

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


PURPOSE To authorize the appropriation of interest income from U.S. Department of Justice Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant program to Cobb County Juvenile Court.

BACKGROUND The U.S. Department of Justice (DOJ) awarded Cobb County $171,323.00 in Fiscal Year (FY) 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds for crime prevention and justice system improvements. Cobb County has received a total of $121.53 in interest income through August 2013 from these FY2011 JAG funds. These funds and any subsequent interest earned are considered program income. The CDBG Program Office in consultation with the Office of Economic Development proposes to reallocate these funds to Cobb County Juvenile Court to pay for the salary in its Gang Suppression Unit.

IMPACT STATEMENT Edward Byrne Memorial Justice Assistance Grant funds have been provided by the U.S. Department of Justice and the reallocation of these funds is permissible according to JAG guidelines. Under the JAG program, earned interest is considered program income and can be reallocated for other eligible activities. There is no local match that will impact the General Fund.

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FUNDING The following budget appropriations will account for the receipt and expenditure of JAG funds, including the transfer from the JAG Fund to the Juvenile Court's Gang Suppression Grant unit in the Grant Fund:

Increase Revenue: 284-390-J11A-4429 Interest Earnings $121.53

Increase Expenditure: 284-390-J11C-6594 Transfers-out to Grant $121.53

Increase Revenue: 270-190-G566-4960 Grant transfers-in $121.53

Increase Expenditure: 270-190-G566-6012 Grant Salaries $121.53

RECOMMENDATION The Board of Commissioners authorize the appropriation of interest income, in the amount of $121.53, from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant program for Fiscal Year 2011 to Cobb County Juvenile Court; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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Cobb County Finance Department Jim Pehrson, CPA, Director/Comptroller

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


FROM: James Pehrson, CPA, Director/Comptroller

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


PURPOSE To 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

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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 10th of September 2013

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PURPOSE To authorize the Finance Department’s Risk Management Division to bind insurance coverage for Property Insurance including Boiler Machinery, Public Officials Liability including Employment Practices, Airport Liability, Fidelity Crime Insurance, Security & Privacy Liability, and Fiduciary Liability effective October 1, 2013.

BACKGROUND

Various insurance policies are up for renewal effective October 1, 2013. Our servicing agent, Marsh USA, approached the insurance markets for our insurance renewals. The Finance Department and Risk Management recommends binding of the following:

Insurance Company Premium

Property Insurance TBD $464,000

Public Officials Liability

and Employment Practices ACE Insurance Company $152,000

Airport Liability Catlin Insurance Company $7,150

Fidelity Crime Insurance AIG Insurance $18,500

Fiduciary Insurance ACE Insurance Company $63,000

Security & Privacy Liability Zurich Insurance $53,000

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Policy coverage, limits, deductibles, rates, and premiums vary and may be subject to change based on exposure and/or coverage changes. For example, the Property Insurance premium is subject to a rate per property value and will change with additional buildings being added.

FUNDING Funding will be available in the FY14 proposed budget under 710-055-8011.

RECOMMENDATION The Board of Commissioners authorize the Finance Department’s Risk Management Division to bind insurance coverage for Property Insurance including Boiler Machinery, Public Officials Liability including Employment Practices, Airport Liability, Fidelity Crime Insurance, Security and Privacy Liability, and Fiduciary Liability effective October 1, 2013, and authorize the Chairman to execute all documents necessary.


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



FROM: Candace Ellison, County Clerk

This item has been electronically signed by:Candace Ellison, County Clerk


PURPOSE To approve the minutes of the following meetings: August 26, 2013 - Agenda Work Session August 27, 2013 - Special Called Meeting/Work Session August 27, 2013 - Regular Meeting of the Board September 3, 2013 - Public Hearing on FY14 Budget

ATTACHMENTSAgenda Work Session Minutes

Special Called Mtg/Work Session Minutes

Regular Minutes

Public Hearing Minutes

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MINUTES OF AGENDA WORK SESSION COBB COUNTY BOARD OF COMMISSIONERS AUGUST 26, 2013 9:00 A.M. Upon notice duly advertised, the Cobb County Board of Commissioners attended an Agenda Work Session on Monday, August 26, 2013 at 9:00 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 August 27, 2013 agenda. Present and comprising a quorum of the Board were: Chairman Tim Lee Vice Chair JoAnn Birrell Commissioner Helen Goreham

Commissioner Bob Ott Not Present: Commissioner Lisa Cupid

No official action was taken by the Board. ADJOURNMENT The discussion concluded at 9:16 a.m. _____________________________________ Candace W. Ellison, CCC County Clerk Cobb County Board of Commissioners

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MINUTES OF SPECIAL CALLED MEETING/WORK SESSION COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 1:30 P.M.

The Special Called Meeting/Work Session of the Cobb County Board of Commissioners was held on Tuesday, August 27, 2013 at 1:30 p.m. in the second floor public meeting room in the Cobb County Building, 100 Cherokee Street, 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 1:31 p.m. 2. TRANSPORTATION Traffic Operations

2A. PRESENTATION OF INFORMATION REGARDING THE RECENT TRAFFIC OPERATIONS PROCESS REVIEW FOR STRIPING, SIGNAGE, AND GUARDRAIL

Ms. Faye DiMassimo, Director of Transportation, introduced Mr. Dan

McDuff, Deputy Director, Transportation Agency, who made introductory comments, provided a document titled “Traffic Operations & Guardrail Maintenance” and reviewed a PowerPoint presentation. A copy of the information presented is attached and made a part of these minutes.

No official action was taken by the Board.

3. SUPPORT SERVICES Property Management

3A. PRESENTATION OF INFORMATION REGARDING THE BUILIDNG SITE LOCATION AND CONCEPTUAL DESIGN FOR THE NEW CUSTOMS INSPECTION FACILITY AT COBB COUNTY AIRPORT – MCCOLLUM FIELD

Mr. John Reida, Property Management Division Manager, introduced Mr.

Karl Von Hagel, Airport Manager, who began review of a PowerPoint presentation. Mr. Von Hagel then introduced Mr. John Gross of Moreland Altobelli Associates, Inc. who provided additional information regarding site location and conceptual design of the new Customs Inspection Facility. A copy of the information presented is attached and made a part of these minutes.

A request for approval of the conceptual design is included on the Regular

Meeting Agenda for this date.


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MINUTES OF SPECIAL CALLED MEETING/WORK SESSION COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 2

4. COMMUNITY DEVELOPMENT

4A. PRESENTATION OF INFORMATION REGARDING THE PROPOSAL TO CREATE A NEIGHBORHOOD PLANNING PROCESS CALLED THE NEIGHBORHOOD NOTIFICATION INITIATIVE

Mr. Rob Hosack, Community Development Agency Director, made

introductory comments and then introduced Mr. Dana Johnson, Planning Division Manager, who presented information on the Neighborhood Notification Initiative and reviewed a memorandum titled “NNI Program Staff Response.” A copy of the information presented is attached and made a part of these minutes.

General discussion ensued regarding the staff and resources required for

implementation and whether a more moderate approach utilizing existing resources is more appropriate.


5. FINANCE

5A. PRESENTATION OF THE FY2014 PROPOSED BUDGET - FINANCE

Mr. Jim Pehrson, Finance Director, presented the proposed FY2014

budget and reviewed a PowerPoint presentation. A copy of the information presented is attached and made a part of these minutes. No official action was taken by the Board.

ADJOURNMENT The meeting was adjourned at 2:53 p.m. ________________________________________ Lori Barton, Deputy County Clerk Cobb County Board of Commissioners

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 7:00 P.M. The Regular Meeting of the Cobb County Board of Commissioners was held on Tuesday, August 27, 2013 at 7:00 p.m. in the second floor public meeting room in the Cobb County Building, Marietta, Georgia. Present and comprising a quorum of the Board were:


1. CALL TO ORDER – CHAIRMAN LEE Chairman Lee called the meeting to order at 7:02 p.m. 2. PRESENTATION OF BUS OPERATOR OF THE QUARTER AWARD TO

A COBB COMMUNITY TRANSIT BUS OPERATOR

Commissioner Goreham and Ms. Faye DiMassimo, Director of Transportation, presented the Bus Operator of the Quarter Award to Ms. Catherine Owens Ware. 3. RECOGNITION OF WAYNE DODD FOR HIS CONTRIBUTIONS AND

POSITIVE IMPACT TO THE SOUTH COBB AREA

Commissioner Cupid and various community representatives presented the following proclamation to Mr. Wayne Dodd in recognition of his contributions and positive impact to the South Cobb area: WHEREAS Wayne Dodd, you have served for decades as a pillar in south Cobb, as a

small business owner, business association leader and advocate for the nonprofit community; and

WHEREAS Under your leadership your efforts have reenergized participation in the

South Cobb Business Association, West Cobb Business Association and South Cobb Council of the Cobb Chamber of Commerce providing opportunity for networking as well as personal and professional development; and

WHEREAS You have started initiatives to better engage and build partnership across

area businesses attracting more than a thousand attendees to Business After-Hours events across the county. It has resulted in a now annual networking celebration at Six Flags Over Georgia bringing together 14 business associations that include members of the Cobb, Paulding and Douglas Chambers of Commerce; and

WHEREAS Many area organizations have benefited from your time, energy and

resources. You have helped raise money and awareness of Austell’s Christian Aid Mission Partnership which assists area families in times of need, the Fraternal Order of Police which provides a voice for those who protect and serve our communities and Engage Senior Advocacy to support aging populations through community outreach, legislative lobbying, and corporate involvement; and

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 2 3. RECOGNITION OF WAYNE DODD FOR HIS CONTRIBUTIONS AND

POSITIVE IMPACT TO THE SOUTH COBB AREA (CONT.) WHEREAS Always an exemplary role model, friend to other small business owners,

mentor to fellow business association members and invested community stakeholder, you continually strive to build partnerships across the county and that is evident in your role as Community Outreach Liaison for Government & Community Affairs at Puckett EMS; now

THEREFORE We, the Cobb County Board of Commissioners, do hereby recognize you

as a dedicated community leader. Your efforts and dedication make you an integral part of Cobb County’s continued success.

Presented this 27th day of August, 2013.

4. RECOGNITION OF PATTY WISSINGER FOR HER SUCCESS IN

PRESERVING AND PROTECTING THE CHATTAHOOCHEE RIVER AND ITS SURROUNDING RESOURCES

Commissioner Ott presented the below proclamation, a flag that has flown over

the nation’s capital and read personal letters from Senator Johnny Isakson and Congressman Tom Price in appreciation of Ms. Wissinger’s positive impact in preserving and protecting the Chattahoochee River and its surrounding resources.

WHEREAS: Chattahoochee River National Recreation Area Superintendent Patty

Wissinger began her career in 1980 as a seasonal campground ranger and moved up through the Park Service ranks, serving in various management positions in numerous parks; and,

WHEREAS: Wissinger took charge of the Chattahoochee River National Recreation

Area in 2010, thereby leading one of the nation’s busiest national recreation areas at the heart of the South’s largest metropolitan area; and,

WHEREAS: The National Parks Service and the Cobb County Parks, Recreation, and

Cultural Affairs Department share responsibilities for leading educational programs for schools, youth camps, and scout groups at Hyde Farm park; and,

WHEREAS: Wissinger has proved instrumental in the continuation of these educational

programs and shown herself to be a steadfast friend to Cobb through her willingness to aid any county projects along the river; now,

THEREFORE: We, the Cobb County Board of Commissioners, do hereby congratulate

Wissinger on her recent selection as Deputy Superintendent at Great Smoky Mountains National Park and honor her for the positive impact she has had on our community.

Presented this 27th day of August, 2013.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 3 5. TRANSPORTATION AGENCY Administration

5A. CONDUCT OF PUBLIC HEARING FOR THE PROPOSED CLOSURE AND ABANDONMENT OF HIDDEN FOREST COURT, GRACE AVENUE, AND TRUTH AVENUE - TRANSPORTATION

Ms. Faye DiMassimo, Director of Transportation, and Mr. Rob Hosack,

Community Development Director, provided background information on the proposed closure and abandonment of Hidden Forest Court, Grace Avenue and Truth Avenue.

Chairman Lee opened the Public Hearing and asked those persons wishing to

speak to come forward. The following persons addressed the Board: Mr. Bill Bolton

Mr. Craig Harfoot There being no further public speakers, the public hearing was closed and the

following motion was made: MOTION: Motion by Birrell, second by Lee, to authorize the closure and abandonment of Hidden Forest Court, Grace Avenue and Truth Avenue, located in Land Lots 501, 502, 507 and 508 of the 16th District, 2nd Section, Cobb County, Georgia; and having determined that said right-of-way serves no substantial public purpose, authorize the disposition of same by quit claim deed to the adjoining owner, TV Holdings, LLC. VOTE: ADOPTED unanimously 6. PUBLIC COMMENT – MR. DAN THORNTON Mr. Dan Thornton addressed the Board regarding dedicated bike lanes, striping or dedicated shoulders to accommodate cyclists. 7. PUBLIC COMMENT - MS. MARY ROSE BARNES Ms. Mary Rose Barnes addressed the Board regarding signage at 3689 Atlanta Road in reference to Other Business Item No. 2 of the August 20, 2013 Board of Commissioners’ Zoning Hearing. 8. PUBLIC COMMENT – MS. VICKI HAMMOND Ms. Vicki Hammond addressed the Board regarding the Animal Shelter and initiatives to reduce strays and permitting/licensing requirements regarding mobile spay/neuter services. 9. PUBLIC COMMENT – MR. CRAIG HARFOOT

Mr. Craig Harfoot addressed the Board regarding various issues of concern. 10. PUBLIC COMMENT – MR. LAMAR STREETMAN Mr. Lamar Streetman addressed the Board regarding trash pick-up along Church Street and distribution of Atlanta Journal Constitution advertisements.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 4 11. PUBLIC COMMENT – MR. CHRIS DUSACK Mr. Chris Dusak addressed the Board regarding commuting cyclists along Johnson Ferry Road. 12. CONSENT AGENDA

MOTION: Motion by Goreham, second by Ott, to approve the following items on the Consent Agenda, as revised, and authorize execution of the necessary documents by the appropriate County personnel:

WATER SYSTEM AGENCY

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

CONSTRUCTION CONTRACT WITH C. W. MATTHEWS CONTRACTING COMPANY, INC. FOR BIG SHANTY ROAD EXTENSION PHASE I – TRANSPORTATION

To approve Change Order No. 1 (final) to the construction contract with C. W. Matthews Contracting Co., Inc., a savings to the project in the amount of $13,282.73, for Big Shanty Road Extension Phase 1, Program No. W4185, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: No additional funding is required for the Big Shanty Road Extension Phase 1 for Fund 540, Department 500, Unit 6557, Program No. W4185. Decrease Encumbrance: GAE 500 540012511902

540-500-6557-8260 W4185-C $13,282.73 Transfer from: Big Shanty Road Extension Phase 1 Construction Change Order No. 1 (final)

540-500-6557-8260 W4185-C $13,282.73 Interest Expense on Retainage

540-500-6557-6613 W4185-A $ 1,059.13 Contingency

540-500-6557-8810 W4185-T $ 4,305.00

Total $18,646.86 Transfer to: Water & Sewerage Improvements Revenue Bonds, Series 2009 Preliminary Estimates

540-500-6552-8005 C6552-Z $18,646.86

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 5 12. CONSENT AGENDA (CONT.)

WATER SYSTEM AGENCY (CONT.)

Engineering (cont.)

12B. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONSTRUCTION CONTRACT WITH BALDWIN PAVING COMPANY, INC. FOR UTILITY IMPROVEMENTS WORK ASSOCIATED WITH THE WIDENING OF S. R. 120/ROSWELL ROAD - WATER SYSTEM

To approve Change Order No. 1 (final) to the construction contract with Baldwin Paving Co., Inc., a savings to the project in the amount of $542,664.51, for utility improvements work associated with the widening of S.R. 120 / Roswell Road (SR 120 Loop – Bridgegate Drive), Program No. W4047, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: No additional funding is required for the S. R. 120 / Roswell Road (SR 120 Loop – Bridgegate Drive) for Fund 510, Department 500, Unit 5757, Program No. W4047. Decrease Encumbrance: GAE 500 510051110307

510-500-5757-8260 W4047-C $542,664.51 Transfer from: S. R. 120 / Roswell Road (SR 120 Loop – Bridgegate Drive) Construction Change Order No. 1 (final)

510-500-5757-8260 W4047-C $542,664.51 Transfer to: Miscellaneous State Roadway Improvements Preliminary Estimate

510-500-5757-8005 W4701-Z $542,664.51

Stormwater 12C. AUTHORIZATION TO PURCHASE A 1.40 ACRE TRACT OF

VACANT PROPERTY LOCATED AT 6100 HENDERSON ROAD - WATER SYSTEM

To authorize the purchase of a 1.4 acre tract of vacant floodplain land at 6100 Henderson Road, Smyrna, Georgia, in Land Lot 167 of the 18th District, 2nd Section of Cobb County, in the amount of $21,600.00, which includes the title search, title policy and all other closing costs, Program No. SW1466; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 6

12. CONSENT AGENDA (CONT.)


Stormwater (cont.) 12C. AUTHORIZATION TO PURCHASE A 1.40 ACRE TRACT OF

VACANT PROPERTY LOCATED AT 6100 HENDERSON ROAD - WATER SYSTEM (CONT.) Funding: Funding is available in the Water System’s Stormwater Repair & Restoration Adopted Budget for Fund 510, Department 500, Unit 5758, Program No. SW1466. Transfer from: Stormwater Repair & Restoration Drainage Contract R & M Services

510-500-5758-6496 SW9999-Z $21,600.00 Transfer to: 6100 Henderson Road Site Acquisition & Addition

510-500-5758-8015 SW1466-R $16,600.00 Professional Services-Land Acquisition

510-500-5758-8030 SW1466-R $ 5,000.00

Total: $21,600.00

12D. AUTHORIZATION TO PURCHASE A 0.78 ACRE TRACT OF VACANT PROPERTY LOCATED AT 2861 CLAY ROAD - WATER SYSTEM

To authorize the purchase of a 0.78 acre tract of vacant property located at 2861 Clay Road, Austell, Georgia, located in Land Lot 1087 of the 19th District, 2nd Section of Cobb County, Program No. SW1465, in the amount of $16,540.00, which includes title search, title policy, and closing costs, Program No. SW1465; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the Water System’s Stormwater Repair & Restoration Adopted Budget for Fund 510, Department 500, Unit 5758, Program No. SW1465. Transfer from: Stormwater Repair & Restoration Drainage Contract-R&M Service

510-500-5758-6496 SW9999-Z $16,540.00 Transfer to: 2861 Clay Road Site Acquisition & Addition

510-500-5758-8015 SW1465-R $13,540.00 Professional Services Land Acquisition

510-500-5758-8030 SW1465-R $ 3,000.00

Total: $16,540.00

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Stormwater (cont.)

12E. APPROVAL OF JOINT FUNDING AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY FOR CONTINUED OPERATION AND MAINTENANCE OF 14 STREAMFLOW MONITORING GAUGES - WATER SYSTEM

To 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 14 streamflow monitoring gauges, Program No. SW809, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. 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 R&M Service 510-500-5758-6496 SW9999-Z $176,800.00 Transfer to: USGS Stream Gauges Professional Services-Land Improvements

510-500-5758-8032 SW809-E $176,800.00 Increase Revenue Appropriations: Developer Contributions 510-500-5750-4918 A5750-A $ 13,600.00 Increase Expense Appropriations: Professional Services-Land Improvements

510-500-5758-8032 SW809-E $ 13,600.00

Total to be Encumbered $190,400.00 TRANSPORTATION AGENCY Administration 12F. APPROVAL OF REIMBURSABLE CONTRACT FOR

ACQUISITION OF RIGHT-OF-WAY WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION FOR CEDARCREST ROAD – TRANSPORTATION

To approve a Reimbursable Contract for Acquisition of Right-of-Way with the Georgia Department of Transportation (GDOT) for Cedarcrest Road, from Paulding County Line to Governor's Towne Drive, State Project No. CSHPP-0007-00(529), State P. I. No. 0007529, Cobb County Project No. D4070; and authorize the Chairman to execute the necessary documents.

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TRANSPORTATION AGENCY (CONT.) Administration (cont.) 12G. DETERMINATION THAT CIRCUMSTANCES ARE SUCH THAT

IT IS NECESSARY TO PROCEED WITH CONDEMNATION PROCEEDINGS BY DECLARATION OF TAKING UNDER O.C.G.A. 32-3-4, ET SEQ. ON ONE PARCEL ON I-285/ATLANTA ROAD INTERCHANGE – TRANSPORTATION

To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on I-285/Atlanta Road Interchange, State Project No. STP00-0222-01(001), State P. I. No. 752300, Cobb County Project No. D4100; adopt a Resolution and Order, as approved by the County Attorney's office; and further authorize the Chairman to execute the necessary documents. Parcel No. 13 Sean Enterprise, LLC 3,627.323 sq. ft. fee simple right-of-way 3021 Moss Stone Lane 4,512.264 sq. ft. perm. const. easement Marietta, GA 30064 262.090 linear ft. limits of access 1,950.000 sq. ft. temp. driveway easement

12H. DETERMINATION THAT CIRCUMSTANCES ARE SUCH THAT

IT IS NECESSARY TO PROCEED WITH CONDEMNATION PROCEEDINGS BY DECLARATION OF TAKING UNDER O.C.G.A. 32-3-4, ET SEQ. ON ONE PARCEL ON WALKER DRIVE EXTENSION – TRANSPORTATION

To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Walker Drive Extension, Project No. E6100; adopt a Resolution and Order as approved by the County Attorney's office; and further authorize the Chairman to execute the necessary documents. Parcel No. 14 876 Walker Drive Land Trust 0.3 acre total take 3780 Creekview Drive NE Marietta, GA 30068

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TRANSPORTATION AGENCY (CONT.) Traffic Operations 12I. APPROVAL OF CONTRACT WITH WILBURN ENGINEERING,

LLC FOR TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF BAKER ROAD AND WOODSTOCK ROAD AND AUTHORIZATION TO PURCHASE ASSOCIATED SIGNAL EQUIPMENT – TRANSPORTATION

To approve a contract with Wilburn Engineering, LLC, in an amount not to exceed $73,905.00, for traffic signal installation at the intersection of Baker Road and Woodstock Road, Project No. TR470, MIS Contract No. 000748; approve the purchase of associated signal equipment, in an amount not to exceed $17,125.53; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: Available in the Department's FY13 approved Operating Budget as follows:

010-050-0750-0753-6198 $ 560.00 010-050-0750-0753-6514 $37,223.75

Available in the Department's FY13 approved Operating Budget with the following budget transfers: Transfer from: 010-050-0750-6198 $53,246.78 Transfer to: 010-050-0750-6514 $36,681.25 010-050-0750-8486 $16,565.53

Transit 12J. APPROVAL OF A ONE-YEAR EXTENSION TO THE

AGREEMENT WITH CUBIC TRANSPORTATION SYSTEMS, INC. FOR REPAIR, MAINTENANCE AND SUPPORT SERVICES OF THE BREEZE FARE COLLECTION SYSTEM – TRANSPORTATION

To approve a one-year extension to the Agreement with Cubic Transportation Systems, Inc., in an amount not to exceed $92,504.00, for repair, maintenance, and support services of the Breeze Fare Collection System; and authorize the Chairman to execute the necessary documents. Funding: Available as recommended in the Transit Division's approved FY14 Operating Budget as follows:

200-050-4802-6491 $92,504.00

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SUPPORT SERVICES AGENCY Property Management 12K. APPROVAL OF CONCEPTUAL DESIGN FOR THE NEW

CUSTOMS INSPECTION FACILITY AT COBB COUNTY AIRPORT-MCCOLLUM FIELD - PROPERTY MANAGEMENT

To approve the conceptual design, presented at the August 27, 2013 Work Session, for the new Customs Inspection Facility at Cobb County Airport–McCollum Field, and authorize the Departments to proceed with the project. A copy of the conceptual design is on file in the Office of the County Clerk.

12L. AUTHORIZATION TO ADVERTISE FOR AND ISSUE A REQUEST FOR PROPOSALS FOR THE CONSTRUCTION MANAGER-AT-RISK OF THE NEW CUSTOMS INSPECTION FACILITY AT COBB COUNTY AIRPORT-MCCOLLUM FIELD – PROPERTY MANAGEMENT

To authorize the advertisement for and issuance of a Request for Proposals, utilizing Selection Process 2 (Competitive Proposals), for the Construction Manager-at-Risk of the new Customs Inspection Facility at Cobb County Airport–McCollum Field.

PUBLIC SAFETY AGENCY Police 12M. APPROVAL OF CONTRACT WITH LEADSONLINE, LLC FOR

THIRD PARTY MANAGEMENT OF ONLINE PAWN SHOP REPORTING – POLICE

To approve a contract with LeadsOnline, LLC, for third party management of online pawn shop reporting for a period of three years, at a fee of $.20 per transaction, and authorize the Chairman to execute the necessary documents.

COMMUNITY DEVELOPMENT AGENCY Planning Division 12N. ADOPTION OF ANNEXATION RESPONSE PER HB489

INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING LAND USE KNOWN AS RIVERVIEW LANDING, RIVERVIEW ROAD, AND NICHOLS DRIVE FOR THE CITY OF SMYRNA - PLANNING DIVISION

To adopt annexation response per HB489 Intergovernmental Agreement and HB2 regarding property located in Land Lots 58, 171, 172, 174, 175, and 284, 18th District, 2nd Section, known as Riverview Landing, Riverview Road, and Nichols Drive for the City of Smyrna. A copy of said response is attached and made a part of these minutes.

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COMMUNITY DEVELOPMENT AGENCY (CONT.) Business License Division 12O. WITHDRAWAL OF REQUEST FOR AFFIRMATION OF

DECISION BY THE LICENSE REVIEW BOARD REGARDING SUGARCANE GROUP, LLC D/B/A SUGARCANE - BUSINESS LICENSE DIVISION

This agenda item was withdrawn from this agenda and not considered at this meeting.

12P. AFFIRMATION OF DECISION BY THE LICENSE REVIEW

BOARD REGARDING SUN DRIED RESTAURANT & LOUNGE, LLC, D/B/A SUN DRIED RESTAURANT - BUSINESS LICENSE DIVISION

To affirm the August 8, 2013 decision by the License Review Board to approve the liquor, beer, wine, and Sunday sales pouring, and corkage licenses for Sun Dried Restaurant & Lounge, LLC, d/b/a Sun Dried Restaurant, 2635 Sandy Plains Road, Suite A10, Marietta, Andre Ngana, licensee.

ECONOMIC DEVELOPMENT 12Q. AUTHORIZATION TO ACCEPT THREE GRANT AWARDS

FROM THE GOVERNOR’S OFFICE OF WORKFORCE DEVELOPMENT FOR COBBWORKS, THE LOCAL WORKFORCE INVESTMENT BOARD, TO PROVIDE EMPLOYMENT AND TRAINING SERVICES FOR ADULT AND DISLOCATED WORKERS - ECONOMIC DEVELOPMENT

To authorize the acceptance of three grant awards from the Governor’s Office of Workforce Development for CobbWorks, the local Workforce Investment Board, to provide employment and training services for adult and dislocated workers, in the amounts of $37,915.00 for the Adult Program, $140,596.00 for the Dislocated Worker Program, and $29,900.00 for the Rapid Response Program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. WIA budgets are attached and made a part of these minutes. Funding: Increase Revenue:

276-120-WP13-4430 (Adult Program) $ 37,915.00 276-120-WP13-4430 (Dislocated Worker) $140,596.00 276-120-WP13-4430 (Rapid Response) $ 29,900.00

Total $208,411.00

Increase Expenditures:

276-120-WP13-WP13AP-P (Adult Program) $ 34,123.00 276-120-WP13-WP13AP-A $ 3,792.00 (Admin-Adult Program)

Total $ 37,915.00

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ECONOMIC DEVELOPMENT (CONT.) 12Q. AUTHORIZATION TO ACCEPT THREE GRANT AWARDS

FROM THE GOVERNOR’S OFFICE OF WORKFORCE DEVELOPMENT FOR COBBWORKS, THE LOCAL WORKFORCE INVESTMENT BOARD, TO PROVIDE EMPLOYMENT AND TRAINING SERVICES FOR ADULT AND DISLOCATED WORKERS - ECONOMIC DEVELOPMENT (CONT.)

Increase Expenditures: 276-120-WP13-WP13DW-P $126,536.00 (Dislocated Workers Program) 276-120-WP13-WP13DW-A $ 14,060.00 (Admin-Dislocated Worker) Total $140,596.00 Increase Expenditures: 276-120-WP13-WP13RR-P (Rapid Response Program) $ 26,910.00 276-120-WP13-WP13RR-A (Admin-Rapid Response) $ 2,990.00

Total $ 29,900.00 Community Development Block Grant (CDBG) 12R. AUTHORIZATION TO AMEND COBB COUNTY’S PROGRAM

YEARS 2008 AND 2009 ANNUAL ACTION PLAN TO REALLOCATE CHEROKEE COUNTY’S UNEXPENDED HOME INVESTMENT PARTNERSHIPS ACT FUNDS – CDBG

To authorize an amendment to Cobb County’s Program Year 2008 and 2009 Annual Action Plan to reallocate Cherokee County’s unexpended HOME Investment Partnerships Act funds, in the amount of $85,000.00, to North Central Georgia Housing Development Corporation; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: The following budget appropriations account for the reallocation of funds: Transfer from:

282-390-HM08-014A-6618-5145 $ 9,464.16 282-390-HM09-014A-6618-5145 $75,535.84 Transfer to:

282-390-HM08-0001-6617-5146 $ 9,464.16 282-390-HM09-0001-6617-5146 $75,535.84

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ECONOMIC DEVELOPMENT (CONT.)

Community Development Block Grant - CDBG (cont.)

12S. AUTHORIZATION TO ACCEPT FY13 EDWARD BYRNE

MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS PROVIDED BY THE DEPARTMENT OF JUSTICE THROUGH THE OFFICE OF JUSTICE PROGRAMS – CDBG

To authorize the acceptance of FY13 Edward Byrne Memorial Justice Assistance Grant funds provided by the Department of Justice through the Office of Justice Programs, in the amount of $91,871.00; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. The 2013 JAG Allocation sheet is attached and made a part of these minutes. Funding: The following budget appropriations will account for the receipt and expenditure of FY13 JAG funds: Increase Revenue: 284-390-J13A-4429 CDBG Admin $ 9,187.10 284-390-J13B-4429 Cobb Police $ 5,000.00 284-390-J13C-4429 Cobb District Attorney $ 26,935.00 284-390-J13D-4429 Cobb Juvenile Court $ 26,883.90 284-390-J13E-4429 Cobb DUI Court $ 5,000.00 284-390-J13F-4429 YWCA of NW GA $ 15,865.00 284-390-J13G-4429 SafePath $ 3,000.00 Total $ 91,871.00 Increase Expenditure: 284-390-J13A-6312 CDBG Admin $ 9,187.10 284-390-J13B-6594 Cobb Police $ 5,000.00 284-390-J13C-6594 Cobb County District Attorney $ 26,935.00 284-390-J13D-6594 Cobb Juvenile Court $ 26,883.90 284-390-J13E-6594 Cobb DUI Court $ 5,000.00 284-390-J13F-6574 YWCA of NW GA $ 15,865.00 284-390-J13G-6574 SafePath $ 3,000.00 Total $ 91,871.00 Increase Revenue: 270-130-JG06-4960 Cobb Police $ 5,000.00 270-170-JG07-4960 Cobb District Attorney $ 26,935.00 270-190-JG08-4960 Cobb Juvenile Court $ 26,883.90 270-220-JG09-4960 Cobb DUI Court $ 5,000.00 Total $ 63,818.90

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12S. AUTHORIZATION TO ACCEPT FY13 EDWARD BYRNE

MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS PROVIDED BY THE DEPARTMENT OF JUSTICE THROUGH THE OFFICE OF JUSTICE PROGRAMS – CDBG (CONT.) Increase Expenditure: 270-130-JG06-6400 Cobb Police - Training/Travel $ 2,000.00 270-130-JG06-6194 Cobb Police - Recreation Supplies $ 500.00 270-130-JG06-6200 Cobb Police - Uniforms $ 750.00 270-130-JG06-6394 Cobb Police - Registration Fees $ 1,750.00 270-170-JG07-6018 Cobb District Attorney - PT Salaries $ 24,700.00 270-170-JG07-6034 Cobb District Attorney – FICA $ 1,890.00 270-170-JG07-6052 Cobb District Attorney - $ 345.00 Workers Comp 270-190-JG08-6012 Cobb Juvenile Court - FT Salaries $ 24,680.90 270-190-JG08-6034 Cobb Juvenile Court - FICA $ 1,881.00 270-190-JG08-6052 Cobb Juvenile Court - Workers Comp $ 322.00 270-220-JG09-6362 Cobb DUI Court - $ 5,000.00 Bus Fare for Participants Total $ 63,818.90

12T. AUTHORIZATION TO AMEND COBB COUNTY’S PROGRAM YEAR 2013 ANNUAL ACTION PLAN PROJECT ALLOCATIONS BASED UPON THE FINAL GRANT ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS ACT, AND EMERGENCY SOLUTIONS GRANT PROGRAMS – CDBG

To authorize an amendment of Cobb County’s Program Year 2013 U. S. Department of Housing and Urban Development Annual Action Plan project allocations based upon the final grant allocation for Community Development Block Grant, HOME Investment Partnerships Act, and Emergency Solutions Grant programs; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: The funding levels and final budget structure, as depicted in Attachments A, B, and C are based on final allocations of PY13 funding for CDBG, HOME, and ESG. Attachments A, B, and C are attached and made a part of these minutes.

CDBG Program $ 3,955,887.00 HOME Program $ 1,490,204.00 ESG Program $ 198,613.00

Total $ 5,644,704.00

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12U. AUTHORIZATION TO AMEND COBB COUNTY’S ANNUAL

ACTION PLAN FOR PROGRAM YEARS 2010 AND 2011 TO REALLOCATE CITY OF SMYRNA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – CDBG

To authorize an amendment of the Cobb County Annual Action Plan for Program Years 2010 and 2011 to reallocate City of Smyrna Community Development Block Grant funds from the Senior Adult Aquatic Center Renovation, Tolleson Park Pool, and Sewer System Renovations to the Community Center Wheelchair Lift and the Universally Accessible Playground at Cobb Park; 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 the City of Smyrna’s CDBG Program funds allocated for Senior Adult Aquatic Center Renovation, Tolleson Park Pool, and Sewer System Renovations to the City of Smyrna’s Community Center Wheelchair Lift project and the Universally Accessible Playground at Cobb Park: Transfer from: 280-390-CG10-003A-0208-6574 Senior Adult Aquatic Center Renovation $ 508.70 Transfer to: 280-390-CG10-003A-0402-6574 Community Center Wheelchair Lift $ 508.70 Transfer from: 280-390-CG10-003F-0400-6574 Tolleson Park Pool $ 3,930.43 Transfer to: 280-390-CG10-003A-0402-6574 Community Center Wheelchair Lift $ 3,930.43 Transfer from: 280-390-CG10-003F-0400-6574 Tolleson Park Pool $19,589.60 Transfer to: 280-390-CG10-003F-0401-6574 Universally Accessible Playground at Cobb Park $19,589.60 Transfer from: 280-390-CD11-003F-0208-6574 Sewer System Renovations $13,820.00 Transfer to: 280-390-CD11-003F-0401-6574 Universally Accessible Playground at Cobb Park $13,820.00

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HUMAN RESOURCES 12V. APPROVAL OF 2014 HOLIDAY SCHEDULE – HUMAN

RESOURCES

To approve the schedule of holidays to be observed by employees and libraries of Cobb County for 2014. A copy of the schedule of holidays is attached and made a part of these minutes.

12W. APPROVAL OF THREE-YEAR CONTRACT WITH LINCOLN

FINANCIAL GROUP FOR THE BASIC GROUP TERM LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT, DEPENDENT LIFE AND LONG-TERM DISABILITY INSURANCE BENEFITS – HUMAN RESOURCES

To approve a three-year contract with Lincoln Financial Group beginning September 1, 2013 through August 31, 2016, with the option to renew the contract for two additional one-year periods, to insure Cobb County's employees for Basic Group Term Life Insurance, Accidental Death and Dismemberment, dependent life insurance and Group Long Term Disability coverage, and authorize the Chairman to execute the necessary documents. Funding for these services is available in the FY13 and FY14 budgets.

FINANCE 12X. ADOPTION OF THE FIRST SUPPLEMENTAL BOND

RESOLUTION PERTAINING TO THE COBB COUNTY, GEORGIA WATER AND SEWERAGE REFUNDING REVENUE BONDS, SERIES 2013 – FINANCE

To adopt the First Supplemental Bond Resolution to the Original 2013 Resolution (as so supplemented hereby, the “2013 Resolution”) authorizing, inter alia, (i) the issuance and sale of its Series 2013 Bonds in the original aggregate principal amount not to exceed $73,000,000.00 pursuant to the terms and conditions of the 2013 Resolution, (ii) the acceptance of the lowest responsive bid for the purchase of the Series 2013 Bonds pursuant to the terms of, and within the parameters established by, the 2013 Resolution, and thereby approving the final terms of the Bonds, 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 2013 Bonds, and (v) other matters related thereto, and authorize the Chairman to execute the necessary documents.

Funding: No allocation of funds is required. Issuance costs will be paid

from Bond proceeds and on-going bond administration costs will be budgeted.

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FINANCE (CONT.) 12Y. ADOPTION OF RESOLUTION ADOPTING ALL BUDGET

AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS DATE – FINANCE

To adopt a resolution adopting all budget amendments set forth in agenda items on this date. A copy of the resolution is attached and made a part of these minutes.

COUNTY CLERK 12Z. APPROVAL OF THE DATES AND TIMES OF THE REGULAR

MEETINGS AND THE ZONING HEARINGS OF THE BOARD OF COMMISSIONERS FOR THE CALENDAR YEAR 2014 – COUNTY CLERK To approve the dates and times of the Board's Regular Meetings and Zoning Hearings for the calendar year 2014.

Regular meetings for the calendar year 2014 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 18, 2014 at 6:00 p.m.

Zoning hearings for the calendar year 2014 shall be on the: 2nd Tuesday of each month at 9:00 a.m., with the exception of the month of January when no hearing will be held.

REGULAR MEETING DATES FOR 2014

January 14 April 8 July 8 October 14 January 28 April 22 July 22 October 28 February 11 May 13 August 12 November 11 February 25 May 27 August 26 November 25 March 11 June 10 September 9 December 9 March 25 June 24 September 23 December 18

(3rd Thursday 6:00 p.m.)

BOC ZONING HEARING DATES FOR 2014

January (no hearing) May 20 September 16 February 18 June 17 October 21 March 18 July 15 November 18 April 15 August 19 December 16

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COUNTY CLERK (CONT.)

12AA. APPROVAL OF MINUTES To approve the minutes of the following meetings: August 12, 2013 – Agenda Work Session August 13, 2013 – Regular Meeting of the Board August 20, 2013 – BOC Zoning Hearing CONSENT VOTE: ADOPTED unanimously

13. TRANSPORTATION AGENCY

Engineering 13A. APPROVAL OF CONTRACT WITH T. Y. LIN INTERNATIONAL

FOR ENGINEERING DESIGN SERVICES OF SIDEWALK IMPROVEMENTS ON LITTLE WILLEO ROAD SIDEWALK, PHASE 2 – TRANSPORTATION

MOTION: Motion by Ott, second by Birrell, to approve a contract with T. Y. Lin International, in an amount not to exceed $129,000.00, for engineering design services of sidewalk improvements on Little Willeo Road Sidewalk, Phase 2, Project No. E7360, MIS Contract No. 000665; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from:

345-050-E007-E736-8721-R7360-E $ 50,000.00 345-050-E007-E736-8761-E7360-C $ 79,000.00

Transfer to:

345-050-E007-E736-8722-E7360-E $129,000.00 VOTE: ADOPTED unanimously

13B. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH BALDWIN PAVING COMPANY, INC. FOR SCHOOL ZONE SAFETY AND OPERATIONAL IMPROVEMENTS ON PAPER MILL ROAD AT SOPE CREEK ELEMENTARY SCHOOL – TRANSPORTATION

MOTION: Motion by Ott, second by Birrell, to approve Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., a savings to the project in the amount of $105,444.62, for school zone safety and operational improvements on Paper Mill Road at Sope Creek Elementary School, Project No. E8040, MIS Contract No. 000543; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 19 13. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

13B. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH BALDWIN PAVING COMPANY, INC. FOR SCHOOL ZONE SAFETY AND OPERATIONAL IMPROVEMENTS ON PAPER MILL ROAD AT SOPE CREEK ELEMENTARY SCHOOL – TRANSPORTATION (CONT.) Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345050812406: 345-050-E008-E804-8762-E8040-C $98,719.62 A savings to the Water System's SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 510050812406:

510-500-5756-8260-W4261-C $ 6,725.00 Transfer from: Paper Mill Road at Sope Creek Elementary School Construction

510-500-5756-8260-W4261-C $ 6,725.00 Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates

510-500-5756-8005-W4069-Z $ 6,725.00 VOTE: ADOPTED unanimously

13C. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 3 TO THE

CONTRACT WITH CMES, INC. FOR ROADWAY SAFETY AND OPERATIONAL IMPROVEMENTS ON LOWER ROSWELL ROAD (EAST) – TRANSPORTATION

MOTION: Motion by Ott, second by Goreham, to approve Supplemental Agreement No. 3 to the contract with CMES, Inc., in an amount not to exceed $159,872.75, for roadway safety and operational improvements on Lower Roswell Road (East), Project No. D6140, MIS Contract No. 000484; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available in the 2005 SPLOST Transportation Improvements Program Fund as follows: Transfer from:

340-050-7506-D614-8761-D6140-C $80,021.75 Transfer to:

340-050-7506-D614-8762-D6140-C $80,021.75 Increase GAE 340062811501:

340-050-7506-D614-8762-D6410-C $80,021.75

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 20 13. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

13C. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 3 TO THE CONTRACT WITH CMES, INC. FOR ROADWAY SAFETY AND OPERATIONAL IMPROVEMENTS ON LOWER ROSWELL ROAD (EAST) – TRANSPORTATION (CONT.) Available in the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Project-Relocate Lines Preliminary Estimates

510-500-5756-8005-W4069-Z $79,851.00 Transfer to: Lower Roswell Road (East) Roadway Safety and Operational Improvements Construction

510-500-5756-8260-W4080-C $79,851.00 Increase GAE 510062811501:

510-500-5756-8260-W4080-C $79,851.00 VOTE: ADOPTED unanimously

13D. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH TRI SCAPES, INC. FOR LANDSCAPING IMPROVEMENTS ON MACLAND ROAD, STILESBORO ROAD, MAXHAM ROAD, AND WINDY HILL ROAD/MACLAND ROAD CONNECTOR AT MILFORD ELEMENTARY SCHOOL – TRANSPORTATION

MOTION: Motion by Cupid, second by Goreham, to approve Change Order No. 1 (final) to the contract with Tri Scapes, Inc., a savings to the project in the total amount of $24,916.50, for landscaping improvements on Macland Road, Project No. D12A0 (a savings of $11,121.50); Stilesboro Road, Project No. D4210 (a savings of $761.00); Maxham Road, Project No. D6150 (a savings of $7,934.00); and Windy Hill Road/Macland Road Connector at Milford Elementary School, Project No. D4240 (a savings of $5,100.00), MIS Contract No. 000436; and authorize the Chairman to execute the necessary documents. Funding: A savings to the 2005 SPLOST Transportation Improvements Program Fund as follows: Macland Road Decrease GAE 3401109105011:

340-050-7504-D421-8762-D4210-C $11,121.50 Stilesboro Road Decrease GAE 3401109105013:

340-050-7504-D424-8762-D4240-C $ 761.00 Maxham Road Decrease GAE 3401109105012:

340-050-7506-D615-8762-D6150-C $ 7,934.00 Windy Hill Road /Macland Road Connector Decrease GAE 340110910501:

340-050-7512-D12A-8762-D12A0-C $ 5,100.00 VOTE: ADOPTED unanimously

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14. PUBLIC SERVICES AGENCY

Parks, Recreation, and Cultural Affairs 14A. APPROVAL OF CONTRACT WITH PRIME CONTRACTORS,

INC. FOR CONSTRUCTION SERVICES TO DEMOLISH THE EXISTING TENNIS CENTER BUILDINGS AND CONSTRUCT NEW TENNIS CENTER BUILDINGS IN THEIR PLACE AT TERRELL MILL PARK AND KENNWORTH PARK - PARKS, RECREATION, AND CULTURAL AFFAIRS

MOTION: Motion by Goreham, second by Ott, to approve a contract with Prime Contractors, Inc., in an amount not to exceed $1,030,438.00, for the demolition of the existing tennis center buildings and construction of new tennis center buildings at Terrell Mill Park and Kennworth Park under the 2011 PRCA SPLOST Program, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 PRCA SPLOST fund as follows:

345-105-E030-EP 355 C-8722 $497,068.00 345-105-E030-EP 368 C-8722 $497,068.00 345-105-E050-EP 516 C-8722 $ 36, 302.00

VOTE: ADOPTED unanimously

14B. APPROVAL OF CONTRACT WITH SUPERIOR ROOFING

SYSTEMS, INC. FOR CONSTRUCTION SERVICES AND MATERIALS TO REPLACE THE MEMBRANE ROOF SYSTEM AT THE SOUTH COBB RECREATION CENTER - PARKS, RECREATION, AND CULTURAL AFFAIRS

MOTION: Motion by Cupid, second by Birrell, to approve a contract with Superior Roofing Systems, Inc., in an amount not to exceed $102,000.00, for construction services and materials to replace the membrane roof system at the South Cobb Recreation Center under the 2011 PRCA SPLOST Program, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 PRCA SPLOST fund as follows:

345-105-E030-EP349 C-8125 $102,000.00 VOTE: ADOPTED unanimously

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 22 14. PUBLIC SERVICES AGENCY (CONT.)

Parks, Recreation, and Cultural Affairs (cont.)

14C. APPROVAL OF CONTRACT WITH WILEY WILSON, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE REDEVELOPMENT OF RHYNE PARK - PARKS, RECREATION, AND CULTURAL AFFAIRS

MOTION: Motion by Ott, second by Goreham, to approve a contract with Wiley Wilson, Inc., in an amount not to exceed $56,315.00, for professional design and construction administration services related to the redevelopment of Rhyne Park under the 2011 PRCA SPLOST Program, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 PRCA SPLOST fund as follows:

345-105-E040-EP442 E-8722 $11,210.00 345-105-E040-EP443 E-8722 $28,140.00 345-105-E040-EP444 E-8722 $13,090.00 345-105-E040-EP445 E-8722 $ 3,875.00

VOTE: ADOPTED unanimously

15. SUPPORT SERVICES AGENCY

Property Management 15A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 (FINAL)

TO THE CONTRACT WITH GARLAND/DESIGN BUILD SOLUTIONS, INC. FOR ROOFING REPLACEMENT AT THE FLEET MOTORCYCLE SHOP - PROPERTY MANAGEMENT

MOTION: Motion by Birrell, second by Ott, to approve Supplemental Agreement No. 1 (final) to the contract with Garland/Design Build Solutions, Inc., in the amount of $4,389.00, for the 2011 SPLOST roofing replacement project at the Fleet Motorcycle Shop; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding is available from 2011 SPLOST project savings as follows: Transfer from: Purchasing Warehouse Roof

345-110-E072-8005-E0726-C $4,389.00

Transfer to: Fleet Motorcycle Roof

345-110-E072-8005-E0725-C $4,389.00 Increase GAE 345021213602FLEETMC $4,389.00 VOTE: ADOPTED unanimously

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS AUGUST 27, 2013 PAGE 23 16. PUBLIC SAFETY AGENCY

Fire and Emergency Services 16A. AUTHORIZATION TO PURCHASE 18 X-SERIES MANUAL

EXTERNAL DEFIBRILLATORS FROM THE ZOLL MEDICAL CORPORATION - FIRE AND EMERGENCY SERVICES

MOTION: Motion by Ott, second by Birrell, to authorize the purchase of 18 X-Series manual external defibrillators from the Zoll Medical Corporation, under Sealed Bid #13-5827, in the amount of $529,604.00 less trade-ins, and further authorize the related appropriation of funds for this purpose. Funding will be available in the following CCFES Fire Fund’s designated SPLOST account: 345-130-E102-8426 (Emergency Medical Equipment) $529,604.00 VOTE: ADOPTED unanimously

17. BOARD OF COMMISSIONERS

17A. ADOPTION OF COMPENSATION PHILOSOPHY FOR COBB COUNTY GOVERNMENT – BOARD OF COMMISSIONERS

MOTION: Motion by Lee, second by Goreham, to adopt a Compensation Philosophy for Cobb County Government in accordance with the Compensation Committee Charter as adopted March 26, 2013. Copy of said Compensation Philosophy attached and made a part of these minutes. VOTE: ADOPTED unanimously

18. HUMAN RESOURCES

18A. APPROVAL OF THREE-YEAR AGREEMENT WITH HEALTHSTAT, INC. AS THE ADMINISTRATOR FOR AN ONSITE EMPLOYEE CLINIC – HUMAN RESOURCES

MOTION: Motion by Lee, second by Ott, to approve a three-year agreement with options to renew for two additional one-year terms with Healthstat, Inc. as the administrator for an onsite employee clinic, and authorize the Chairman to execute the necessary documents and any agreements needed to implement services. VOTE: ADOPTED unanimously

19. PUBLIC COMMENT – MR. TOM CHEEK Mr. Tom Cheek addressed the Board regarding the Medical Examiner’s Office. 20. PUBLIC COMMENT – MR. LARRY SAVAGE

Mr. Larry Savage addressed the Board regarding the Cumberland Community

Improvement District Core Redevelopment Plan.

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21. APPOINTMENT – MS. DIANA RANDOLPH THREATTE – KEEP COBB

BEAUTIFUL

MOTION: Motion by Birrell, second by Ott, to approve the appointment of Ms. Diana Randolph “Randy” Threatte to Keep Cobb Beautiful, Inc., for a term balance to expire December 31, 2014. VOTE: ADOPTED unanimously

22. APPOINTMENT – DR. ROB GOODWIN – TRANSIT SYSTEM

ADVISORY BOARD

MOTION: Motion by Lee, second by Cupid, to approve the appointment of Dr. Rob Goodwin to the Transit System Advisory Board, for a term balance to expire December 31, 2016. VOTE: ADOPTED unanimously

23. APPOINTMENT – MR. CHRIS POSTON – KENNESTONE HOSPITAL

AUTHORITY

MOTION: Motion by Lee, second by Cupid, to approve the appointment of Mr. Chris Poston to the Kennestone Hospital Authority, for a term balance to expire May 23, 2015. Said appointment replaces Mr. Bill Enete. VOTE: ADOPTED unanimously

ADJOURNMENT The meeting was adjourned at 8:33 p.m. ____________________________________________ Karen L. King Assistant County Clerk Cobb County Board of Commissioners

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MINUTES OF PUBLIC HEARING COBB COUNTY BOARD OF COMMISSIONERS SEPTEMBER 3, 2013 2:00 P.M. A Public Hearing of the Cobb County Board of Commissioners was held on Tuesday, September 3, 2013 at 2:00 p.m. in the second floor public meeting room in the Cobb County Building, 100 Cherokee Street, Marietta. Present and comprising a quorum of the Board were:


1. CALL TO ORDER – CHAIRMAN LEE

Chairman Lee called the meeting to order at 2:03 p.m.

2. FINANCE

2A. CONDUCT OF PUBLIC HEARING ON THE FY2014 PROPOSED BUDGET

Mr. Jim Pehrson, Finance Director, provided a PowerPoint presentation on

the proposed FY14 budget. A copy of the information provided is attached and made a part of these minutes.

Chairman Lee opened the Public Hearing on the proposed FY14 budget and asked those persons wishing to speak on this issue to come forward. The following persons addressed the Board:

Mr. Mike Boyce Mr. Tom Cheek

There being no further public speakers, the public hearing was closed.

Thereafter, Chairman Lee requested that staff provide additional information to the Commissioners regarding the proposed new full time positions. No official action was taken by the Board.

NOTE: The adoption of the FY14 budget is scheduled to occur at the September 10, 2013 regular meeting at 9:00 a.m.

ADJOURNMENT The Public Hearing was adjourned at 2:34 p.m. __________________________________ Karen L. King, CCC Assistant County Clerk Cobb County Board of Commissioners

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COBB COUNTY TRANSPORTATION AGENCY

REGULAR AGENDA COVER


ITEM NO.

Engineering

1 To approve Supplemental Agreement No. 2 to the contract with CH2M Hill, Inc., for engineering design services associated with safety and operational improvements on Bells Ferry Road, Project No. D6040, MIS Contract No. 000056.

2 To approve Change Order No. 2 to the contract with G.P.’s Enterprises, Inc., for thoroughfare improvements on Barrett Parkway, Project No. D4010, MIS Contract No. 000439.

3 To approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., for drainage system repairs on Wicks Valley Drive, Project No. E2280, MIS Contract No. 000632.

4 To approve Change Order No. 1 (final) to the contract with W.E. Contracting Co., Inc., for drainage system improvements on Holly Mill Run, Project No. E2290, MIS Contract No. 000633.

5 To approve Change Order No. 1 (final) to the contract with C.W. Matthews Contracting Company, Inc., for resurfacing of County-maintained streets, Resurfacing Contract 2012-3 Local Roads (North), Project No. E9030, MIS Contract No. 000526.

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PURPOSE To approve Supplemental Agreement No. 2 to the contract with CH2M Hill, Inc., for engineering design services associated with safety and operational improvements on Bells Ferry Road, Project No. D6040, MIS Contract No. 000056.

BACKGROUND

Bells Ferry Road is an approved roadway safety and operational improvements project in the 2005 SPLOST Transportation Improvements Program. On April 10, 2007, the Board of Commissioners approved a contract with CH2M Hill, Inc., for the design of intersection improvements on Bells Ferry Road, along the corridor from the I-575 Interchange to Cobb Parkway (US41). On September 9, 2008, the Board approved Supplemental Agreement No. 1 to the contract with CH2M Hill, Inc., to increase the scope of the project. The project originally included six intersection improvements. After further review of the corridor, the scope of the project was increased to include six additional intersections along Bells Ferry Road to create better overall continuity and a consistent right-of-way footprint. On August 25, 2009, the Board approved the proposed budget and schedule for the 2005 Transportation Improvements Program, funded primarily by the 2005 SPLOST. This action deferred a portion of construction dollars assigned to the Bells Ferry Road project.

Comm. Dist.

3


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On May 24, 2011, the Board approved a contract with Baldwin Paving Company, Inc., for the construction of Bells Ferry Road, Phase 1, which consisted of a northbound right turn lane into Bells Ferry Elementary School, from the intersection of Bells Ferry Road and Piedmont Road/Barrett Parkway, extending approximately 300 feet to the existing school driveway. A water system upgrade was included in the construction. On July 9, 2013, the Board approved the proposed budget and schedule for the 2005 Transportation Improvements Program, funded primarily by the 2005 SPLOST. This action re-established the budgets on the remaining projects previously deferred or delayed due to budget impacts resulting from decreased SPLOST revenue collections. Bells Ferry Road is one of these projects. Details for action requested are as follows: Supplemental Agreement No. 2 to the contract with CH2M Hill, Inc., is requested for engineering design services for the intersection of Bells Ferry Road at Barrett Parkway/Piedmont Road, originally designed as part of the entire Bells Ferry Road corridor improvements project. Revisions are needed to include new roadway design standards, new Americans with Disabilities Act requirements and new erosion standards which have been established since the original plans were completed in 2009. Additional survey and design services will be required for a sidewalk widening along Barrett Parkway, at the northwest section of the intersection. In addition, dual left turn lanes will be added on Bells Ferry Road, and right turn lanes will also be added at Bells Ferry Road northbound and Piedmont Road westbound.

Original Contract $877,307.45

Supplemental Agreement No. 1 $ 63,497.00



FUNDING

Available in the 2005 SPLOST Transportation Improvements Program Fund with the following budget transfer:

Transfer from: 340-050-7506-D604-8721-D6040-E $49,946.91

Transfer to: 340-050-7506-D604-8722-D6040-E $49.946.91


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RECOMMENDATION The Board of Commissioners approve Supplemental Agreement No. 2 to the contract with CH2M Hill, Inc., in an amount not to exceed $49,946.91, for engineering design services associated with safety and operational improvements on Bells Ferry Road, Project No. D6040, MIS Contract No. 000056; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.



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PURPOSE To approve Change Order No. 2 to the contract with G.P.’s Enterprises, Inc., for thoroughfare improvements on Barrett Parkway, Project No. D4010, MIS Contract No. 000439.

BACKGROUND

Barrett Parkway is an approved thoroughfare improvements project in the 2005 SPLOST Transportation Improvements Program. The project consists of widening approximately 3.58 miles of Barrett Parkway from a four-lane divided roadway to a six-lane divided roadway, from approximately 1,800 feet south of Burnt Hickory Road to the intersection of Barrett Parkway and US41/Cobb Parkway. The project also includes construction of a 10-foot wide asphalt multi-use trail, and installation/modification of both traffic signals and the Advanced Transportation Management System. On May 24, 2011, the Board of Commissioners approved a contract with G.P.’s Enterprises, Inc., for thoroughfare improvements on Barrett Parkway. On May 28, 2013, the Board approved Supplemental Agreement No. 1 and Change Order No. 2 for the addition of a traffic signal at Old 41 Highway and Barrett Parkway, replacement of standard thermoplastic striping with all-weather thermoplastic striping, and changes associated with the decision to defer the installation of the indirect left turn lanes at the intersection of Barrett Parkway and Burnt Hickory Road. The project completion date was extended to September 18, 2013.

Comm. Dist. 1


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Details for action requested are as follows: On August 15, 2013, the contractor requested a no-cost time extension, due to the excessive amount of rain that has occurred this summer. Additional work, including milling, paving, markings and signing changes, and the addition of a concrete island, was added at the Department's request. The Department has reviewed their request for additional time and found an addition of 43 calendar days is reasonable due to the additional work performed and weather delays, and recommends revising the project completion date to October 31, 2013. There is no additional cost associated with this request.

Original Contract $21,771,183.93


Change Order No. 1 ($ 407,974.27)

Change Order No. 2 $ 0.00

Revised Contract $21,771,183.93

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve Change Order No. 2 to the contract with G.P.'s Enterprises, Inc., a no-cost time extension revising the completion date to October 31, 2013, for thoroughfare improvements on Barrett Parkway, Project No. D4010, MIS Contract No. 000439; and authorize the Chairman to execute the necessary documents.



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PURPOSE To approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., for drainage system repairs on Wicks Valley Drive, Project No. E2280, MIS Contract No. 000632.

BACKGROUND

Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Wicks Valley Drive is classified as a local road on the County’s Major Thoroughfare Plan. The existing culvert crossing under Wicks Valley Drive consists of twin 72-inch corrugated metal pipes. The pipe invert had deteriorated, the headwalls were failing, and the shoulder needed to be stabilized. In addition, a small headwall needed to be reset and an adjacent shoulder reestablished. The project scope included replacing the headwalls, paving the inverts with concrete, pressure grouting to remove the voids around the pipe and stabilizing the 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. On February 12, 2013, the Board approved a contract with Chatfield Contracting, Inc., for drainage system repairs on Wicks Valley Drive.

Comm. Dist. 3


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Details for action requested are as follows: Construction of the project is complete and Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., a savings to the project in the amount of $110.69, is requested due to variations between the original and final plan quantities. These are the final changes necessary to close this contract with Chatfield Contracting, Inc.


Change Order No. 1 (Final) ($ 110.69)

Revised Contract $ 134,889.31

FUNDING A savings to the 2011 SPLOST Transportation Improvements Program Fund.

Decrease GAE 345021213404: 345-050-E002-E228-8762-E2280-C $ 110.69

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Chatfield Contracting, Inc., a savings to the project in the amount of $110.69, for drainage system repairs on Wicks Valley Drive, Project No. E2280, MIS Contract No. 000632; and authorize the Chairman to execute the necessary documents.


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PURPOSE To approve Change Order No. 1 (final) to the contract with W.E. Contracting Co., Inc., for drainage system improvements on Holly Mill Run, Project No. E2290, MIS Contract No. 000633.

BACKGROUND

Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Holly Mill Run is classified as a local road on the County’s Major Thoroughfare Plan. The existing culvert crossing under Holly Mill Run consists of two 60-inch corrugated metal pipes. The pipe inverts deteriorated and the headwalls were failing. In addition, the existing 18-inch corrugated metal pipe from the adjacent catch basin needed to be replaced. The project included paving the inverts with concrete, replacing the inlet headwall, pressure grouting the voids around the pipe, replacing the 18-inch corrugated metal pipe at the adjacent catch basin with 18-inch reinforced concrete pipe, and stabilizing the 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.

Comm. Dist. 3


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On February 26, 2013, the Board approved a contract with W.E. Contracting Co., Inc., for drainage system improvements on Holly Mill Run. Details for action requested are as follows: Construction of the project is complete and Change Order No. 1 (final) to the contract with W.E. Contracting Co., Inc., a savings to the project in the amount of $42,172.00, is requested due to variations between the original and final plan quantities, including underruns in construction allowance, concrete curb and gutter, and water system work. These are the final changes necessary to close this contract with W.E. Contracting Co., Inc.


Change Order No. 1 (Final) ($42,172.00)


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:

Decrease GAE 345022613501: 345-050-E002-E229-8762-E2290-C $22,822.00

Decrease GAE 510022613501: 510-500-5756-8260-W4283-C $19,350.00

Transfer from:

Holly Mill Run Drainage

Construction Change Order No. 1 (final)

510-500-5756-8260-W4283-C $19,350.00

Interest on Retainage 510-500-5756-6613-W4283-A $ 100.00

Meter Purchase Replacement 510-500-5756-8456-W4283-M$ 200.00

Contingency 510-500-5756-8810-W4283-T $ 390.00

Total $20,040.00

Transfer to:

SPLOST Projects-Relocate Lines

Preliminary Estimates 510-500-5756-8005-W4069-Z $20,040.00


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RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with W.E. Contracting Co., Inc., a savings to the project in the amount of $42,172.00, for drainage system improvements on Holly Mill Run, Project No. E2290, MIS Contract No. 000633; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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PURPOSE To approve Change Order No. 1 (final) to the contract with C.W. Matthews Contracting Company, Inc., for resurfacing of County-maintained streets, Resurfacing Contract 2012-3 Local Roads (North), Project No. E9030, MIS Contract No. 000526.

BACKGROUND

Resurfacing is an approved component in the 2011 SPLOST Transportation Improvements Program. Resurfacing Contract 2012-3 Local Roads (North) consisted of variable depth milling, patching, leveling, resurfacing, and pavement markings on 78 local streets, generally north of SR120, totaling 17.16 miles. This contract also included manhole and valve box adjustments funded through the Cobb County Water System. On February 14, 2012, the Board of Commissioners approved a contract with C.W. Matthews Contracting Company, Inc., for Resurfacing Contract 2012-3 Local Roads (North). Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with C.W. Matthews Contracting Company, Inc., in an amount not to exceed $75,117.65, is requested due to variations between the original and final plan quantities, including the additional cost resulting from manhole adjustments at depths greater than anticipated, and replacement of manhole rings and covers. Variations result in a savings to the project of $19,772.35 in roadway costs, and net additions to the project of $94,890.00 in Water System costs. These are the final changes necessary to close this contract with C.W. Matthews Contracting Company, Inc.

Comm. Dist.

1,2,3


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Original Contract $2,453,432.07

Change Order No. 1 (final) $ 75,117.65

Revised Contract $2,528,549.72

FUNDING A savings to the 2011 SPLOST Transportation Improvements Program Fund.

Available in the Water System Maintenance Water & Sewer Line–Repair Maintenance Service FY13 Adopted Operating Budget as follows:

Decrease GAE 345021412601: 345-050-E009-E903-8762-E9030-C $19,772.35

Repair Maintenance Service-Sewer FY13 500-500-5400-6516 $102,640.00

Increase GAE 500021412601: 500-500-5400-6516 $102,640.00

Decrease GAE 5000214126011: 500-500-5400-6520 $ 7,750.00

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with C.W. Matthews Contracting Company, Inc., in an amount not to exceed $75,117.65, for resurfacing of County-maintained streets, Resurfacing Contract 2012-3 Local Roads (North), Project No. E9030, MIS Contract No. 000520; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.


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COBB COUNTY PUBLIC SERVICES AGENCY



ITEM NO.

Parks, Recreation, and Cultural Affairs

1 To approve a contract with Sutton Architectural Services, Inc. for professional design and construction administration services for two tennis center buildings, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

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Cobb County Parks, Recreation & Cultural Affairs Eddie Canon, Director



FROM: Eddie Canon, Director

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


PURPOSE To approve a contract with Sutton Architectural Services, Inc. for professional design and construction administration services for two tennis center buildings, under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND

The 2011 Parks, Recreation and Cultural Affairs (PRCA) SPLOST program includes the demolition of existing tennis center buildings, and construction of new tennis center buildings at Fair Oaks Park in Marietta, and Sweetwater Park in Austell. These buildings were constructed in the mid-1970's and have outlived their reasonable service life. In order to generate appropriate construction documents, the Department requires the services of a professional architecture and engineering firm. A Request for Professional Design and Construction Administration Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on June 28, and July 5, 12, and 19, 2013, in accordance with Selection Process 2 (Competitive Proposals) of the Policy for Procurement of Professional Services, as amended on December 20, 2011. Proposals were received from seven firms and opened on July 25, 2013. The following Selection Committee was approved for this project: Mark Chandler (PRCA), Dan McDuff (Transportation), Reggie Knight (Property Management), Tavares Golden (Risk Management), and Peter Conrady (PRCA). The Selection Committee reviewed the proposals and ranked the firms based on proposed staffing, previous experience and performance, understanding of and approach to the project, availability, proposed schedule, local vendor presence, and financial stability. In addition, Selection Process 2 includes weighting of each firm's scoring based on process submitted as part of their proposal which allows the Department

Comm. Dist.

1, 4


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to recommend awarding the contract to the top ranked firm. The proposals from the responding firms were ranked in the following order: Sutton Architectural Services, Inc. Pope/Partners Architects, Inc. Gerding Collaborative Croft & Associates Wright Gardner Architect, LLC HRH Architects, Inc. The Baldwin Architectural Group The Committee ranked Sutton Architectural Services, Inc. as the firm offering the best combination of qualifications and pricing.

FUNDING Funding is available in the 2011 PRCA SPLOST fund as follows:

345-105-E030-EP308 E-8722 $39,600.00

345-105-E030-EP351 E-8722 $39,600.00

RECOMMENDATION The Board of Commissioners approve a contract with Sutton Architectural Services, Inc., in an amount not to exceed $79,200.00, for professional design and construction administration services for Cobb County tennis center buildings at Fair Oaks Park and Sweetwater 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.


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COBB COUNTY FINANCE



ITEM NO.

Finance

1 To request that the Board of Commissioners adopt the FY 2014 Budget.

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PURPOSE To request that the Board of Commissioners adopt the FY 2014 Budget.

BACKGROUND On August 27, 2013, the FY 2014 Budget was presented to the Board of Commissioners at the afternoon Work Session. On August 27, 2013, a notice was published in the Marietta Daily Journal detailing the FY 2014 Budget by fund and announcing the dates and times for the public hearing and of the FY 2014 Budget adoption. The public hearing was held on September 3, 2013 at 2:00pm during a special called Board of Commissioners meeting.

FUNDING N/A

RECOMMENDATION The Board of Commissioners adopt the FY 2014 Budget, and authorize the Chairman to execute the budget resolution.

ATTACHMENTSResolution

Comm. Dist.

All


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BUDGET RESOLUTION A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 2014, OCTOBER 1, 20132 TO

SEPTEMBER 30, 2014, 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 a Fiscal Year 2014 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 2013, October 1, 2013 to September 30, 2014, proposes certain levies and charges to finance these expenditures, and lists the anticipated revenues to be derived therefrom, and;

WHEREAS, the FY 2014 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 and Pollution Control Fund, Solid Waste Fund, Golf Course Operating Fund, Medical & Dental Claims Fund, Casualty & Liability Claims Fund, Workers Comp Claims Fund, Street Light District Fund, and the Transit Fund;

WHEREAS, the FY 2014 Capital Budget includes the Capital Projects Fund, 800 MHz Radio System 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 2014 for insurance premium tax in the amount of $22,500,000 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 2014 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 10th day of September 2013. _________________________ Tim Lee, CHAIRMAN Cobb County Board of Commissioners ATTEST: _________________________________ CANDACE ELLISON, COUNTY CLERK APPROVED AS TO FORM: ______________________________________ DEBORAH DANCE, COUNTY ATTORNEY

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COBB COUNTY COMMUNITY DEVELOPMENT HEARINGS



ITEM NO.

Community Development Hearings

1 To request that an appeal hearing be conducted to determine if “due cause” exists to deny the Cobb County beer, wine, and Sunday sales package license for Kamrock Investment, LLC, doing business as, Shell Food Mart, located at 1355 Blair Bridge Rd., Suite 200, Austell, Georgia 30168, Adeel Ratani, licensee.

2 To conduct an appeal hearing, pursuant to appeals filed by opposing parties regarding EAH Enterprises, LLC, doing business as, Premier Wine & Spirits, 2900 Delk Rd., Suite 2400, Marietta, Georgia 30064, Erik Hansson, licensee, regarding the License Review Board’s decision recommending approval of the liquor, beer, and wine package license for Premier Wine & Spirits.

3 To conduct a hearing regarding the application for a liquor, beer, wine, and Sunday sales pouring license for Sugarcane Group, LLC, doing business as, Sugarcane, 1475 Terrell Mill Rd., Suite 110, Marietta, Georgia, 30067, Andre Moreira, licensee.

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PURPOSE To request that an appeal hearing be conducted to determine if “due cause” exists to deny the Cobb County beer, wine, and Sunday sales package license for Kamrock Investment, LLC, doing business as, Shell Food Mart, located at 1355 Blair Bridge Rd., Suite 200, Austell, Georgia 30168, Adeel Ratani, licensee.

BACKGROUND On May 16, 2013, the Cobb County Business License Division Manager denied the Cobb County beer, wine, and Sunday sales package license application for Kamrock Investment, LLC, doing business as Shell Food Mart, 1355 Blair Bridge Rd., Suite 200, Austell, Georgia 30168. Mr. Ratani appealed this decision to the Cobb County License Review Board on July 11, 2013. Opposition letters have been received by the Business License Division and opposing parties appeared and testified at the License Review Board hearing. After considering all testimony and evidence presented, and the completed License Review Board Questionnaire, the License Review Board upheld the denial of the beer, wine, and Sunday sales package license for Kamrock Investment, LLC, doing business as, Shell Food Mart, 1355 Blair Bridge Rd., Suite 200, Austell, Georgia 30168. Adeel Ratani has appealed the License Review Board’s decision to the Board of Commissioners.

FUNDING

N/A

Comm. Dist. 4


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RECOMMENDATION The Board of Commissioners conduct an appeal hearing to consider if “due cause” exists to deny the Cobb County Beer, wine, and Sunday sales package license for Kamrock Investment, LLC, doing business as, Shell Food Mart, located at 1355 Blair Bridge Rd., Suite 200, Austell, Georgia 30168, Adeel Ratani, licensee.

ATTACHMENTSDenial Letter


Survey

Appeal Form

Letter to applicant to appear before the Board of Commissioners including hearing procedures

Written Opposition


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Section 6-124 of the Cobb County Code of Ordinances - 300` required. Actual distance to nearest residential property line is 238`.

Residence






Closest business with package alcoholic beverages appears to be approximately 1.2 miles away at Shell Food Mart, 690 South Gordon Road, SW, Cobb County, GA.

Mr. Foster advises that writen opposition has been received by his office. Applicant will request a copy of the letter from Mr. Foster and will attempt to contact the opposition. Applicant has also received written support for the application which will be presented to the License Review Board.

Yes


Yes


No


No


License Number: ALC000589 Licensee: ADEEL RATANI






Division Manager

PAGE: 1 8/29/2013 8:51:50 AMALC000589


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No


No


Convenience store with gas. Such business, under different ownership, has operated at this location for more than eight (8) years.



If the alcohol license is granted, all employees will be required to complete either Evindi`s or The Training Institute for Responsible Vendors`s Cobb County approved Responsible Alcohol Sales & Service class. All employees must also review with a manager the Shell Safety & Alcohol Manual and the Atlanta Retailer Association Alcohol Manual.

All patrons who wish to purchase alcoholic beverages must produce valid, unexpired government issued identification.


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


All employees must review with a manager the Shell Safety & Alcohol Manual and the Atlanta Retailer Association Alcohol Manual. Employees must sign the acknowledgement section of each manual. The acknowledgement will become part of the employee`s record of employment.


Yes


Chicken wings, hamburgers/cheeseburgers, tacos, burritos, tortas, quesadillas, nachos, cheesesteaks, and cold sandwiches prepared at deli in the store.


No


Approximately 58% food and 42% beer and wine sales.


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Approximately 7.6% of total sales will be from the sale of beer and wine.


Monday through Saturday: 6:30 AM to Midnight; Sunday: 7:00 AM to 10:00 PM.


Yes


11 cameras inside and 2 cameras outside.


As needed.


Cameras are only reviewed when incidents are reported, register shortages occur, review accidents, policy and/or procedure violations.


Thirty (30) days.


No


No


No


Staff and management are trained at least annually in responsible alcohol sales and service. Any violation of company policy by an employee regarding the sale of alcoholic beverages will result in termination of the employee. Applicant, having been prosecuted for selling alcohol to an underage person in 2004 as an employee of a business in Tarrant, Alabama, knows from personal experience the consequences of such action. Accordingly, he will passionately remind staff, from first hand knowledge, of the consequences of such action.


Pursuant to Cobb County Code of Ordinances Section 6-124, applicant shall demonstrate that granting the license will not interfere with the quiet enjoyment of the residents, will not affect the property value of the residents, and will not have any other adverse effect on the residents. Applicant will also lawfully and conveniently provide for sale malt beverages and wine within walking distance of the residences where presently, residents must drive to purchase such products. Also, pursuant to Cobb County Code of Ordinances Section 6-116, Applicant will present evidence to support a License Review Board recommendation to waive Applicant`s 2004 sale of alcohol to underage person violation.

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1) Written acknowledgement of company policies from staff; 2) Annual certification in Responsible Alcohol Sales & Service from either Evindi or Training Institute for Responsible Vendors; and 3) Secret shopper results.



1) Written acknowledgement of company policies from staff; 2) Annual certification in Responsible Alcohol Sales & Service from either Evindi or Training Institute for Responsible Vendors; and 3) Secret shopper results.


Yes.


Yes




2


Annually.


Yes


Termination from employment


Yes


No

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NA. Please note that a dishonest employee could intentionally enter an incorrect customer date of birth to complete a beer or wine sale. Management will monitor for this type of misconduct.


Yes


Yes


Yes


Yes


Yes

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PURPOSE To conduct an appeal hearing, pursuant to appeals filed by opposing parties regarding EAH Enterprises, LLC, doing business as, Premier Wine & Spirits, 2900 Delk Rd., Suite 2400, Marietta, Georgia 30064, Erik Hansson, licensee, regarding the License Review Board’s decision recommending approval of the liquor, beer, and wine package license for Premier Wine & Spirits.

BACKGROUND The liquor, beer, and wine package license for EAH Enterprises, LLC, doing business as, Premier Wine & Spirits, was originally denied by the Cobb County Business License Division Manager on June 27, 2013 because letters were received in opposition to the approval of the application. Opposition letters have been provided to the Board of Commissioner electronically, the original documents are on file at the Business License Division. The appeal for EAH Enterprises, LLC, doing business as, Premier Wine & Spirits appealed the Business License Division Manager’s decision and an appeal hearing was held before the License Review Board on August 8, 2013. Opposing parties appeared and testified at the License Review Board hearing. After considering all testimony and evidence presented, and the completed License Review Board Questionnaire, the License Review Board recommended approval of the application for a liquor, beer, and wine package license for EAH Enterprises, LLC, doing business as, Premier Wine & Spirits. Opposition has appealed this decision to the Board of Commissioners.

FUNDING N/A

Comm. Dist. 2


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RECOMMENDATION The Board of Commissioners conduct an appeal hearing, pursuant to appeals filed by opposing parties of the License Review Board’s recommendation to approve the liquor, beer, and wine package license for EAH Enterprises, LLC, doing business as, Premier Wine & Spirits



Alcohol Survey

Survey provided by applicant

Survey provided by opposition

Appeals filed by opposition

Letter to applicant to appear before the Board of Commissioners

Letters to opposition (appellants) giving notification of the Board of Commissioners hearing


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Inside 300FT from residence

residence





Yes. The PUBLIX in the Delk Spectrum Shopping Center, Willy Mexican Restaurant , and Outback Steakhouse that was the previous tenant in the space.

I have not spoken to the opposition. Five letters were sent to Cobb County. The first letters concern: "l am Writing with extremeconcern about the proposed liquor store under consideration for this shopping center. lVlinks package store is less than one mile from this location. I fail to see the need for an additional liquor store particularly in this very family oriented |

hope that you will use your political influence to discourage the location for this proposed liquor store."

The second letters concern : "Dear Ms. Richardson,

As you are aware, the business community in the Powers Ferry, Delk and Terrell Mill Road area has concerns about the possible opening of a retail liquor store in the Delk Spectrum Shopping Center.

Formerly, that location was inhabited by several restaurants. Those businesses eventually re-located because of ingress/egress problems, among other reasons.

Obviously, the location in question is a Viable business site. While We applaud free enterprise and the spirit of commerce, it is our opinion that a retail liquor store is the wrong choice for that location.

License Number: ALC000650 Licensee: ERIK ARTHUR HANSSON






Division Manager

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Hopefully, you will agree based on the following reasons:

e Heavy addition of foot and Vehicle traffic (safety) o Close proximity to residential property o Area is already well served by three dedicated liquor establishments.

Please know we Welcome the party concerned to Cobb County, but , not in the Delk Spectrum Shopping Center.

Regards,

Ashley Womble, Owner Womble Watch, LLC"

The third letters concern : "I am a Cobb County resident residing in the Sibley Forest subdivision on Paper Mill Road. The Publix and accompanyingstores at Delk Spectrum shopping center serve my family’s grocery needs on a weekly basis. lam Writing with extreme concern about the proposed liquor store under consideration for this shopping center. lVlinks package store is less than one mile from this location. I fail to see the need for an additional liquor store particularly in this very family oriented |

hope that you will use your political influence to discourage the location for this proposed liquor store.

Please tell me how I and my fellow neighbors along Paper Mill and Terrell Mill Roads can effectively voice our opinions and influence this decision.

Thank you very much for your help and consideration."

The forth letters concern : "I am writing this letter to express my deepest concerns and opposition to the licensing of another Package Liquor Store in the Delk Spectrum Shopping Center at 2900 Delk Road, Marietta, GA 30067. There are already 3 other Package Liquor Stores in within Walking distance of this proposed location for a new store. There are also several convenience stores, gas stations, and a Publix, Kroger, and Wallgreens in this area that sell beer and wine.

The intersection where the proposed store will be located already has a lot of trafñc and congestion in the area. Adding another Package Liquor Store will only have a negative effect on the traffic patterns of Delk Road, Teri-ill Mill Road and Powers Ferry.

The area around the proposed site is a family oriented residential community and not a tourist area. The addition of another Package Liquor Store in the area will affect the safety and welfare of the nearby residents and other commercial property owners as well.

I, J ayu Momaya, wish to express my opposition to the licensing and creation of another Package Liquor Store in the Delk Spectrum Shopping Center.

Please keep me informed of any and all actions and events in relation to this application."

The fifth letters concern : "This Letter is to express our very real and deep concerns in

regards to the possible licensing of a Retail Package Store in the Delk

Spectrum Shopping center at 2900 Delk Road, Marietta, Ga 30067

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Location.

This center often has a very limited availability for such a hih

traffic establishment. Road traffic and congestion will become a major

concern at this business increase the traffic flow into and out off the

location as well as vicinity of Lower Roswell Road, Terrill Mill Road

and Powers Ferry Road.

Within mile there are 3 package stores (Minks Package, Elite

Package, Oscar Package), Publix, Kroger, Wall green, convenience

store and several gas station who sell Alcohol. There are sufficient

numbers of Package stores in this immediate area. The rhetorical

question is how much Alcohol does the government want sold from

this very small geographical location? what exactly is the purpose of

creating another liquor store?

Adding one more liquor store does nothing to promote economic

growth in the area and could damage the city’s image as well is not a

tourist destination like south beach Florida or New Orleans Bourban

street or other commercial districts which cater to consumers

searching for alcoholic beverages in this essentially a nice middle

class residential community.

Additionally, such an establishment will be adjacent to

residential properties which would be in violation of county ordinance

which would be in violation of county Ordinances which prohibit such

close Proximity.

We the undersigned do hereby oppose any and all efforts to create and

or license another liquor store in the vicinity of the Delk Spectrum

Shopping Center in Marietta, Georgia

Thank you so much for your kind consideration in this regard."

Yes

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No


No


No


No


No


Retail FIne Wine, Beer, & Alcohol Store



All Employees must have an alcohol server work permit. Employee training will be done on a quarterly basis internal to keep the staff up to date on laws and code of conduct. Written polices will be signed by all employees. We will also do continuing management training and work with both local and state government to stay up on all polices and any changes in the law. We will use compliance signage and staff training resource guides based on the guidelines from RASS training I have attended. We will us our own secret shoppers to keep education with all staff.

Our policy is to check everyones ID prior to the sale of alcohol to make sure the id is real, not out of date/expired, and that the customer is over the age of 21. All staff will be trained and have continuing education on this based off of what was learned at RASS training


Employees are trained to look for 21 years of age or older, photograph of the person must be on the id, current ID that has not expired,. Passports, Military ID, Driver`s license, and ID card are all proper forms of Identification.


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Written Contract between employer and employee will be read and signed by all employees. We will have documents from TIPS, Training Institute for Responsible Vendors Inc, and TAMS. We will also have all signage mandated by the county and state visible to all customers and staff.

Our written contact is as follows for employees: Premier Wine & Spirits

Alcohol and Tobacco Sales and Service Policy

• I understand the sale of alcohol/tobacco to minors is prohibited.• The legal age to purchase alcohol is 21. No person under the age of 21 will be sold alcoholic beverages. • The legal age to purchase tobacco is 18. No person under the age of 18 shall be permitted to purchase tobacco products.• Employees must check the ID of anyone attempting to purchase alcohol or tobacco who is under the age of 40. • Employees must verify that patron is of legal age from acceptable Identification (government issued ID with photo and Date of Birth) before serving alcoholic beverages.• An ID checking guide will be available at Premier Wine & Spirits location and used to verify any forms of Identification employees are unfamiliar with. • The sale or service of alcohol to anyone in a noticeable stare of intoxication is prohibited. No alcoholic beverages will be sold or served to intoxicated persons.• Employees will not sell or serve alcoholic beverages to any person if they believe it may be given to an underage or intoxicated person.• If service is to be discontinued to an intoxicated person, the person who is responsible for notifying the intoxicated person is _________________________.• Mangers will support employees in their decisions to discontinue the sale to intoxicated persons and provide assistances as needed.• Employees understand the state, county, or city laws regarding the legal hours of the day during which they may sell alcoholic beverages to a customer. Employees will not sell alcoholic beverages during these hours. The hours for this establishment are Mon-Thu 9:30am-11:00pm, Fri-Sat 9:30am- 11:30pm, Sun 12:00pm- 10:00pm.• Employees understand that their activities will be monitored by management as well as state and local law enforcement investigators. • Employees understand that any infraction of policy concerning the sale of alcohol and/or tobacco products could result in termination of employment.• Managers will abide and enforce all policy.• Employees will document all incidents concerning alcohol, tobacco or unruly behavior on an Incident Report.

_______________Signature _________________ Print Name _______Day_____Month 20__


Yes


No Menu.


No


0%

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95%


The hours for this establishment are Mon-Thu 9:30am-11:00pm, Fri-Sat 9:30am- 11:30pm, Sun 12:00pm- 10:00pm.


Yes


We will have 20 cameras


We will review the on a daily basis


To maintain a safe environment and for continued staff education


The video will be save on a hard drive for 6 months.


No


No


No


I am the owner/operator of the business and will be at the location everyday. I am a law abiding citizen with high moral standards. I want to have a success business that improves the community and to work in Cobb county for the rest of my life. I do not break the law and plan on only hiring employees that follow my basis of ethical living.


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Premier Wine & Spirits in a high end store with goals to be a customer-focused retailer of wines, liquors, spirits, and packaged goods dedicated to innovation, exemplary service, helpful product knowledge, convenience, and social responsibility. I was born and raised in Cobb County. I have had a vision for years to own my own business. I looked at many locations, but felt that Cobb County was the best location because because its a growing county that supports local business. I want to provide to the community a safe, clean, and upscale store that fits the neighborhood and demographic. I would be honored to do business in Cobb County and will support the county with more tax revenue and charitable contributions to the local community both as a business and individual. My goal is to work in Cobb County and raise a family in this community as well.

I and my employees understand the state and county laws because of my training at RASS and researching the laws on a personal basis. With all of the support from continuing education provided by the state, county, and outside resources like TAMS, Tips, and the Training Institute for Responsible Vendors I feel we will be well equipped with the tools needed to do this. For a retail store selling alcohol this is a must to do business.



I and my employees understand the state and county laws because of my training at RASS and researching the laws on a personal basis. With all of the support from continuing education provided by the state, county, and outside resources like TAMS, Tips, and the Training Institute for Responsible Vendors I feel we will be well equipped with the tools needed to do this. For a retail store selling alcohol this is a must to do business.


Yes.


Yes


Termination of the employee will take place and any other legal action to support the state and county. With all of my training and guidelines, I do not see my employees violating any laws.


10


Every three months


Yes


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Termination


Yes


No


NA


Yes


Yes


Yes


Yes


Yes

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PURPOSE To conduct a hearing regarding the application for a liquor, beer, wine, and Sunday sales pouring license for Sugarcane Group, LLC, doing business as, Sugarcane, 1475 Terrell Mill Rd., Suite 110, Marietta, Georgia, 30067, Andre Moreira, licensee.

BACKGROUND On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance requirements are waived for the issuance of an alcoholic beverage license and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On April 18, 2013 the application for a Cobb County liquor, beer, wine, and Sunday sales pouring license for Sugarcane Group, LLC, doing business as, Sugarcane, was originally denied by the Business License Division Manager. The location of Sugarcane Group, LLC, doing business as, Sugarcane, 1475 Terrell Mill Rd., Suite 110, Marietta, Georgia, 30067, does not meet the distance requirements to several residences. In addition, opposition letters were received by the Business License Division. The appeal of the Business License Division Manager’s decision regarding Sugarcane Group, LLC, doing business as, Sugarcane, was heard before the License Review Board on July 11, 2013. Opposing parties appeared and testified at the License Review Board hearing. After considering all testimony and evidence presented, and the completed License Review Board Questionnaire, the License Review Board recommended approval of the application for a Cobb County liquor, beer, wine, and Sunday sales pouring license for Sugarcane Group, LLC, doing business as, Sugarcane. The District Commissioner did not consent to the affirmation of the liquor, beer, wine, and Sunday sales pouring license and requested this matter be placed on the agenda for a hearing.

Comm. Dist. 2


of 210

FUNDING N/A

RECOMMENDATION The Board of Commissioners conduct a hearing regarding the application for a liquor, beer, wine, and Sunday sales pouring license for Sugarcane Group, LLC, doing business as, Sugarcane.



Survey

Letter to the Applicant to appear before the Board of Commissioners including hearing procedures


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319 ft. to townhouse across Terrell Mill Road and approximately 160 ft. to condominiums behind the shopping center.

Residence.






Oscar’s Package Store is in the same shopping center and approximately 100 ft. away.

There is opposition from area residents. Prior to the LRB Hearing, the Applicant would like to meet with the opposition.

Yes


No


No


No


No

License Number: ALC000554 Licensee: ANDRE MOREIRA






Division Manager

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No


Restaurant.



Employee handbook (submitted with Application) and Evindi training materials.

ID everyone who appears to be 40 years old or under.


There are currently two versions of an Under 21 Georgia Driver’s license. The older version has a red stripe at the top and clearly states that a person is under 21 until a certain date. The new version is oriented vertically rather than horizontally. If the date on the ID has not passed or if you have any questions regarding whether a person is 21 or older, contact a manager at once or refuse the sale. You are never under any obligation to sell alcohol to anyone so if there is ever a question, STOP THE SALE.


Employee Handbook, submitted with application.


Yes


Appetizers, entrée, dessert and drink menu typical of a Brazilian restaurant. Comparable menus from Brazilian restaurants in the area submitted to the business license office.


Yes


55%


Not applicable, restaurant, not package store.


Sunday – Wednesday 11:30 am – 11:00 pm; Thursday – Saturday 11:30 am – 1:00 am.


No

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NA


NA


NA


NA


No


No


No


Sugarcane trains its employees well and keeps retraining them on proper alcohol sales.


Sugarcane will provide a neighborhood restaurant that will serve the surrounding community.

The applicant has a written policy that will be signed by all employees. Management will closely supervise the restaurant.



The applicant has a written policy that will be signed by all employees. Management will closely supervise the restaurant.


Yes.


Yes


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Sale of alcohol to a minor will result in immediate termination of the employee(s).


25-30


Quarterly.


Yes


Escalating punishment with retraining as the first step.


NA


No


NA


Yes


Yes


Yes


No


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No

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PUBLIC COMMENT (CONCLUSION OF MEETING)

SEPTEMBER 10, 2013

Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.

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APPOINTMENTS

AGENDA COVER


ITEM NO.

1 To appoint Nancy Geisler, William Parker, and Melleny Pritchett to the Cumberland Community Improvement District (CCID) Stakeholder Committee.

2 To appoint Jamila Haven to the Public Library Board, Post 8.

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Cobb County Board of Commissioners Bob Ott, Commissioner, District 2



FROM: Bob Ott, Commissioner

This item has been electronically signed by:Bob Ott, Commissioner, District 2


PURPOSE To appoint Nancy Geisler, William Parker, and Melleny Pritchett to the Cumberland Community Improvement District (CCID) Stakeholder Committee.

BACKGROUND At the annual retreat Commissioner Ott requested the development of a Master Plan and Zoning Overlay District for the "Core Cumberland Area". To accomplish this, county staff and the CCID have developed a Memorandum of Understanding which includes the appointment of three stakeholders to serve in an advisory role in the process of conducting the Master Plan.

RECOMMENDATION The Board of Commissioners approve the appointment of Nancy Geisler, William Parker, and Melleny Pritchett to the Cumberland Community Improvement District Stakeholder Committee.

Comm. Dist.

2


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Cobb County Board of Commissioners Bob Ott, Commissioner, District 2



FROM: Bob Ott, Commissioner

This item has been electronically signed by:Bob Ott, Commissioner, District 2


PURPOSE To appoint Jamila Haven to the Public Library Board, Post 8.

BACKGROUND Charles Switzer resigned from the Public Library Board. Jamila Haven will serve the remainder of the term which expires 12/31/15.

FUNDING NA

RECOMMENDATION The Board of Commissioners approve the appointment of Jamila Haven to the Public Library Board, Post 8.

Comm. Dist.

2


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COMMISSIONERS' PUBLIC ADDRESS

SEPTEMBER 10, 2013

(Per Section 2.01.01 of the Rules of Procedure of the Board)

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RESPONSE TO PUBLIC COMMENT

(FOR INFORMATION ONLY)


ITEM NO.

1 Response to public comment of August 27, 2013 - Mr. Tom Cheek.

2 Letters in response to public comments on August 13, 2013.

3 Mr. Larry Savage - Comments of August 13, 2013.

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Cobb County Board of Commissioners Tim Lee, Chairman



FROM: Tim Lee, Chairman

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


PURPOSE Response to public comment of August 27, 2013 - Mr. Tom Cheek.

ATTACHMENTSResponse letter

Comm. Dist.


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PURPOSE Letters in response to public comments on August 13, 2013.

ATTACHMENTSResponse to Carol Brown

Response to Larry Savage

Comm. Dist.


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PURPOSE Mr. Larry Savage - Comments of August 13, 2013.

ATTACHMENTSResponse Letter to Mr. Larry Savage

Comm. Dist.

All


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agenda 9-10-2013

Documents