agenda 1-28-2014

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January 28, 2014 TAB SPECIAL CALLED MEETING / WORK SESSION CALL TO ORDER - PUBLIC SERVICES AGENCY ..................................................................................... 1 BOARD OF COMMISSIONERS ................................................................................... 2 COUNTY ATTORNEY .................................................................................................. 3 FINANCE ...................................................................................................................... 4 Page 1 of 181

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This is the agenda for the Cobb County (GA) Board of Commissioners meeting on January 28, 2014.

TRANSCRIPT

January 28, 2014

TAB SPECIAL CALLED MEETING / WORK SESSION CALL TO ORDER - PUBLIC SERVICES AGENCY ..................................................................................... 1 BOARD OF COMMISSIONERS ................................................................................... 2 COUNTY ATTORNEY .................................................................................................. 3 FINANCE ...................................................................................................................... 4

Page 1 of 181

kingk001844
Text Box
2:00 P.M.

January 28, 2014

TAB

REGULAR MEETING - CALL TO ORDER - 7:00 PM

PRESENTATIONS ...................................................................................................... 5

PUBLIC HEARING

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

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

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

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

PUBLIC SERVICES AGENCY . .......................... ....................................................... 10

PUBLIC COMMENT .................................... ................................................................ 11

APPOINTMENTS ...................................................................................................... 12

Page 2 of 181

COMMISSIONERS' PUBLIC ADDRESS ..................... ............................................... 13

RESPONSE TO PUBLIC COMMENT (for information only) . .................................. 14

ADJOURN

Page 3 of 181

COBB COUNTY PUBLIC SERVICES AGENCY

WORK SESSION AGENDA COVER

WORK SESSION OF JANUARY 28, 2014

ITEM NO.

Parks, Recreation, and Cultural Affairs

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

Page 4 of 181

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

1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

TO: David Hankerson, County Manager

FROM: Eddie Canon, Director

This item has been electronically signed by:Eddie Canon, Director

DATE: January 28, 2014

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

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

FUNDING N/A

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

Comm. Dist.

All

Agenda Item Number. 1

Page 5 of 181

COBB COUNTY BOARD OF COMMISSIONERS

WORK SESSION AGENDA COVER

WORK SESSION OF JANUARY 28, 2014

ITEM NO.

Chair (County-wide)

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

Page 6 of 181

Cobb County Board of Commissioners Tim Lee, Chairman

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

TO: Board of Commissioners

FROM: Tim Lee, Chairman

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

DATE: January 28, 2014

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

BACKGROUND On March 15, 2011, the voters of Cobb County approved a Special Purpose Local Option Sales Tax (SPLOST) to fund capital improvement projects throughout Cobb County and within each of the County’s six cities. Approximately $492 million in sales tax funding will be collected between January 1, 2012 and December 31, 2015, as part of the 2011 SPLOST - Parks, Transportation, and Facilities Program. The 2011 SPLOST is intended to address the immediate capital improvement needs of Cobb County Parks and Recreation, Transportation, Facilities, and Public Safety, and the six cities within Cobb County. Representatives from Parks, Recreation and Cultural Affairs, Transportation, Facilities, Public Safety, and the City of Smyrna will present information on the scheduling and implementation of the 2011 SPLOST Program.

FUNDING N/A

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

Comm. Dist.

All

Agenda Item Number. 1

Page 7 of 181

COBB COUNTY COUNTY ATTORNEY

WORK SESSION AGENDA COVER

WORK SESSION OF JANUARY 28, 2014

ITEM NO.

County Attorney

1 The Board of Commissioners to receive a presentation from the Legal Department discussing the County’s practices regarding compliance with State immigration requirements, to update the Board regarding the Best Practices in Immigration Committee and to provide recommendations regarding for the County concerning immigration compliance issues.

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

Page 8 of 181

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

100 Cherokee Street, Suite 350 Marietta, Georgia 30090-7000 (770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:Deborah Dance, County Attorney Mark A. Adelman, Sr. Associate County Attorney

DATE: January 28, 2014

PURPOSE The Board of Commissioners to receive a presentation from the Legal Department discussing the County’s practices regarding compliance with State immigration requirements, to update the Board regarding the Best Practices in Immigration Committee and to provide recommendations regarding for the County concerning immigration compliance issues.

BACKGROUND The County created a Best Practices in Immigration Law committee in July 2013. The committee, comprised of both County and business representatives, met regularly to review County practices and to obtain business input to determine whether the County is in compliance with state law. In addition, the committee was asked to identify opportunities that would assist the County in complying with all state-mandated immigration requirements. Based on the committee’s findings, the County complies with all state requirements and in fact, exceeds those requirements. However, opportunities for improvement exist in the areas of training and communication. In addition, a pilot program designed to determine whether additional steps are advisable, is also proposed.

FUNDING N/A

RECOMMENDATION The Board of Commissioners to receive a presentation from the Legal Department discussing the County’s practices regarding compliance with State immigration requirements, to update the Board regarding the Best Practices in Immigration Committee and to provide recommendations regarding for the County concerning immigration compliance issues.

Comm. Dist.

Agenda Item Number. 1

Page 9 of 181

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

100 Cherokee Street, Suite 350 Marietta, Georgia 30090-7000 (770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:Deborah Dance, County Attorney Joseph B. Atkins, Deputy County Attorney

DATE: January 28, 2014

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

BACKGROUND There have been several recent changes at both the state and federal levels to the laws governing the powers of local governments with respect to their ability to issue permits controlling the location of cell towers. The Chairman directed the County Attorney’s Office to update the Board of Commissioners on these changes at a work session.

FUNDING N/A

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

Comm. Dist.

Agenda Item Number. 2

Page 10 of 181

COBB COUNTY FINANCE

WORK SESSION AGENDA COVER

WORK SESSION OF JANUARY 28, 2014

ITEM NO.

Finance

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

Page 11 of 181

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

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

TO: David Hankerson, County Manager

FROM: James Pehrson, CPA, Director/Comptroller

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

DATE: January 28, 2014

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

BACKGROUND At the February 14, 2012 BOC meeting, the Board of Commissioners approved a business plan specific to the operations of the Cobblestone Golf Course. This plan included: 1. The retirement of the outstanding revenue bonds, 2. Purchase of Golf Carts to replace the existing fleet, 3. The setting aside of annual reserves of 5% of prior year gross revenue for the purpose of capital replacements, and 4. An annual presentation by the Finance Director or his designee of the amounts to be paid back to the General Fund to reduce the outstanding loan. In addition, at the April 24, 2012 meeting the Board of Commissioners approved to amend the contract with Affiniti Golf Partners, Inc. (AGP) to extend for an additional 10 years. A part of this agreement requires an annual presentation by AGP during the Term of this Agreement to the Board of Commissioners of Owner regarding the operations and management of the Golf Course by AGP for the prior Operating Year, including financial statements setting forth an itemized accounting of all budgeted funds expended by AGP for such operations during the previous Operating Year.

FUNDING N/A

RECOMMENDATION The Board of Commissioners consider the information presented, regarding the annual operations of the Cobblestone Golf Course.

Comm. Dist.

All

Agenda Item Number. 1

Page 12 of 181

PRESENTATIONS

AGENDA COVER

REGULAR MEETING OF JANUARY 28, 2014

ITEM NO.

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

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

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

Page 13 of 181

Cobb County Board of Commissioners Lisa Cupid, Commissioner, District 4

100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3311 / fax: (770) 528-2606

TO: David Hankerson, County Manager

FROM: Lisa Cupid, Commissioner

This item has been electronically signed by:Lisa Cupid, Commissioner, District 4

DATE: January 28, 2014

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

BACKGROUND On July 12, 2013, Officer D. Rogers was shot in the chest about 1:15 a.m. at Concord Chase Apartments located at 300 Hurt Road. Officer Rogers was protected by a bullet-proof vest and was able to recover at home. A reward was offered for information leading to the capture of the shooter but the shooter remained at large for a few months. Spratlin Media and Clear Channel Outdoor donated the space and the materials to advertise the reward for information leading to the capture of Officer Rogers shooter and within weeks a suspect was captured. In the attempt to capture the suspect, the Quality of Life Unit, Precinct 2 and Precinct 5 not only addressed the ongoing issues within Concord Chase Apartments that created and unsafe and unwelcome environment, but, they have also addressed similar issues in the Six Flags Drive communities. As a result of their efforts, the residents that are under Precincts 2 and 5 often write in or call Commissioner Cupid's office to express gratitude for their efforts.

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

Comm. Dist. 4

Agenda Item Number. 1

Page 14 of 181

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

100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3315 / fax: (770) 528-2606

TO: David Hankerson, County Manager

FROM: Bob Ott, Commissioner

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

DATE: January 28, 2014

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

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

FUNDING N/A

RECOMMENDATION The Board of Commissioners recognize James Davis, David Lawrence and Quentin Moore for their achievements.

Comm. Dist.

2

Agenda Item Number. 2

Page 15 of 181

Cobb County Board of Commissioners Tim Lee, Chairman

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

TO: David Hankerson, County Manager

FROM: Tim Lee, Chairman

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

DATE: January 28, 2014

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

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

FUNDING N/A

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

Comm. Dist.

Agenda Item Number. 3

Page 16 of 181

COBB COUNTY COMMUNITY DEVELOPMENT AGENCY

PUBLIC HEARING AGENDA COVER

REGULAR MEETING OF JANUARY 28, 2014

ITEM NO.

Administration

1 To conduct the first public hearing to solicit comments and input on proposed Resolutions creating the Cumberland Services District No. I and the Cumberland Special Services District No. II for the provision of local government services and facilities therein and to solicit comments and input on the amendment of Chapters 1, 2, 6, 22, 34, 54, 78, 102, 106, 114, 122 and 134 of the Official Code of Cobb County, Georgia.

Page 17 of 181

Cobb County Community Development Agency Rob Hosack, AICP, Director

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

TO: David Hankerson, County Manager

FROM: Rob Hosack, AICP, Director

This item has been electronically signed by:Rob Hosack, AICP, Director Deborah Dance, County Attorney

DATE: January 28, 2014

PURPOSE To conduct the first public hearing to solicit comments and input on proposed Resolutions creating the Cumberland Services District No. I and the Cumberland Special Services District No. II for the provision of local government services and facilities therein and to solicit comments and input on the amendment of Chapters 1, 2, 6, 22, 34, 54, 78, 102, 106, 114, 122 and 134 of the Official Code of Cobb County, Georgia.

BACKGROUND

At various times throughout the year, the Board of Commissioners has directed the Community Development staff to prepare amendments to the Official Code of Cobb County in order to address concerns identified during the course of routine community development activities. Staff has further been directed to bring these amendments forward in a timely fashion. With respect to the proposed creation of Cumberland Special Services District No. I, the Board will consider approval and adoption of a Resolution to create such district for the provision of local government services and facilities therein and to assess and collect a fee to fund, wholly or partially, services within the district and construction and maintenance of facilities therefore and will consider enactment of an ordinance to amend Chapter 114 of the Official Code of Cobb County, Georgia by codifying such resolution as Article V of said chapter. With respect to the proposed creation of Cumberland Special Service District No. II, the Board will consider approval and adoption of a Resolution to create such district for the provision of local government services and facilities therein and to levy and collect an ad valorem tax, initially three mils on real property within the district, and construction and maintenance of facilities therefore to fund, wholly or partially, services within the district and will consider enactment of an ordinance to amend Chapter 114 of the Official Code of Cobb County, Georgia by codifying such resolution as Article VI of said chapter. The board will also consider a proposed Rental Car Tax ordinance to be codified as Article IV of Chapter 114 of the Official Code of Cobb County,

Comm. Dist.

2

Agenda Item Number. 1

Page 18 of 181

Georgia.

FUNDING N/A

RECOMMENDATION The Board of Commissioners conduct the first public hearing to solicit comments and input on proposed Resolutions creating the Cumberland Services District No. I and the Cumberland Special Services District No. II for the provision of local government services and facilities therein, and to solicit comments and input on the amendment of Chapters 1, 2, 6, 22, 34, 54, 78, 102, 106, 114, 122 and 134 of the Official Code of Cobb County, Georgia. ATTACHMENT Proposed amendments and resolutions have been provided under separate cover.

Agenda Item Number. 1

Page 19 of 181

PUBLIC COMMENT (BEGINNING OF MEETING)

JANUARY 28, 2014

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

Page 20 of 181

CONSENT AGENDA

REGULAR MEETING OF JANUARY 28, 2014

ITEM NO.

WATER SYSTEM AGENCY Business Services

1 To approve an agreement with Niagara Conservation Corporation for management of the Multi- Family Ultra High Efficiency Technology Direct Install Program for the Water System, Program No. C0132.

Engineering

2 To approve a Design-Build Memorandum of Understanding (MOU) between the Georgia Department of Transportation (GDOT) and Cobb County for the relocation of water, wastewater, and stormwater facilities impacted by Safe Routes to Schools in Cobb County, Georgia, GDOT Project P.I. No. 0010401.

3 To approve a construction contract with Tippins Contracting Co., Inc. for the City of Kennesaw Miscellaneous Water Main Replacement, Program No. W2270.

4 To approve a construction contract with M.V.P. Piping Co., Inc. for Maintenance Zone 3 Sewer Creek Crossing Repairs, Program No. S1087.

5 To approve a Developer Agreement with Acadia Homes and Neighborhoods, LLC, for installation of a 12-inch water main along Spring Hill Parkway, Program No. W1025.

TRANSPORTATION AGENCY Administration

6 To approve a Real Property Agreement with the Georgia Department of Transportation for Big Shanty Road Sidewalk, State Project No. CSTEE-0010-00(706), State P.I. No. 0010706, Cobb County Project No. D7280.

7 To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Burnt Hickory Road over Mud Creek, Project No. E1010.

8 To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Stout Parkway over Gothards Creek, Project No. E1080.

9 To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Windy Hill Road (West), Project No. E4030.

Page 21 of 181

Airport

10 To approve Non-Federal Reimbursable Agreement No. AJW-FN-ESA-13-7209 with the U.S. Department of Transportation Federal Aviation Administration to relocate federally owned equipment at Cobb County Airport-McCollum Field from the existing air traffic control tower to the new air traffic co ntrol tower.

Engineering

11 To approve Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., for intersection improvements on Cumberland Parkway at Paces Ferry Road, Cumberland Community Improvement District Project No. CCID-1027, Cobb County Project No. TR461, MIS Contract No. 000508.

PUBLIC SERVICES AGENCY Senior Services

12 To authorize Cobb Senior Services to collect, appropriate, and disburse revenues resulting from Senior Citizen Council sponsored programs, events, and activities.

SUPPORT SERVICES AGENCY Property Management

13 To approve a lease with the State Property Commission, and to approve a contract with Albion Scaccia Enterprises, LLC, for design/construction services related to the renovation of 277 Fairground Street, for use by the State of Georgia Department Family and Children Services.

14 To authorize relocation of the main hub for voice and data communications for Cobb County facilities located on County Services Parkway from 1755 County Services Parkway to the Department of Transportation’s Traffic Management Center at 1890 County Services Parkway.

15 To authorize funding, in an amount not to exceed $80,000, for carpet and flooring replacement as well as additional restoration services at the Windy Hill Community Center.

COMMUNITY DEVELOPMENT AGENCY Planning

16 To approve the ranking of the three most qualified firms to develop the Joint Land Use Study for Dobbins Air Reserve Base, City of Marietta, City of Smyrna, and Cobb County from qualified consultants obtained under RFP# 14-5869 and authorize negotiations with the ranked firms.

17 To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.459 acres land use known as 3841 Lake Acworth Drive for the City of Acworth.

Page 22 of 181

Business License

18 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on January 9, 2014 by the License Review Board for Destiny Davis.

COUNTY MANAGER

19 To authorize the issuance and advertisement for a Request for Proposals to contract with an outside firm(s) to conduct revenue enhancement auditing services for various county revenue sources and expenditure reduction services in the area of telecommunications and utility costs.

ECONOMIC DEVELOPMENT

20 To adopt a resolution approving the issuance by the Development Authority of Cobb County of its tax-exempt Industrial Development Revenue Bonds for the purpose of assisting Bake One, Inc.

Economic Development CDBG

21 To authorize the allocation of grant funds from the Georgia Department of Human Services (DHS) under the FY14 Community Services Block Grant Program received from the Georgia Department of Human Services.

22 To amend the Cobb County Annual Action Plan for Program Year 2011 to reallocate Emergency Solutions Grant funds from Turner Hill Community Development Corporation to The Center for Family Resources and Hope Atlanta Travelers Aid.

FINANCE

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

DISTRICT ATTORNEY

24 To authorize the District Attorney to hire a contract investigator for the purposes of providing investigative services for the Cold Case Unit and provide funds for said contract employee.

COUNTY CLERK

25 To approve the minutes of the following meetings: January 13, 2014 - Special Called Meeting/Agenda Work Session January 14, 2014 - Regular Meeting of the Board January 21, 2014 - BOC Comp Plan Hearing (provided under separate cover)

Page 23 of 181

26 To authorize correction of the minutes of the Board of Commissioners’ Zoning Hearing of December 17, 2013 regarding rezoning application Z-73 of 2013, TV Holdings, LLC.

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

Page 24 of 181

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: January 28, 2014

PURPOSE To approve an agreement with Niagara Conservation Corporation for management of the Multi-Family Ultra High Efficiency Technology Direct Install Program for the Water System, Program No. C0132.

BACKGROUND

In 2005, the Cobb County Water System (CCWS) initiated a Water Efficiency Program intended to encourage conservation of our limited water resources. The Program has been very successful to date, with total water demand in Cobb County decreasing significantly in recent years. As a part of this effort, CCWS established a rebate program in 2007 to encourage replacement of older toilets in single family residences with more efficient newer technologies. This initiative has been effective and 18,883 toilets have been replaced to date with more efficient models. Due to continuing stress on the region’s limited water resources, CCWS, in compliance with the Metropolitan North Georgia Water District, also established a multi-family toilet rebate initiative in 2012, targeting apartment complexes with inefficient fixtures. While the rebate program has enjoyed significant success, this parallel initiative, aimed at multi-family complexes, has not been as effective in eliminating inefficient fixtures as was anticipated. This problem, however, has been successfully addressed by water utilities in other areas employing an initiative calling for the direct installation of ultra high-efficiency technology by a contractor. Under this initiative, the Water System plans to accept requests from multi-family complexes and pay a service provider a fixed cost to replace toilets and other fixtures. In turn, the complex

Comm. Dist.

All

Agenda Item Number. 1

Page 25 of 181

will reimburse the Water System the associated costs over a three year period. The savings to the development on its water/sewer bills is expected to offset the cost to repay the Water System, allowing the Water System to recover its entire investment within three years. The RFP for this effort was advertised in the Marietta Daily Journal on September 20, September 27, October 4, October 11, and October 18 of 2013, in accordance with the Selection Process 1 (Competitive Negotiations) of the Policy for Procurement of Professional Services. Copies of the RFP were requested by 10 firms. On October 24, 2013, one proposal was received, that of Niagara Conservation Corporation. Niagara has significant experience in managing similar projects. Niagara Conservation Corporation's proposal was reviewed and ranked highly by a five-member selection committee consisting of Tom Bills of Parks and Recreation, Neil Tarver of the Extension Service, Michael Harrelson and Kathy Nguyen of the Water System, and Allen Kronenberger of Property Management. The project duration is for two years with an option to extend for an additional year. The program will initially be funded by CCWS in an amount not to exceed $500,000.00 per year. All costs will be recouped by an incremental fee assessed to the property owner’s water bill over a period of three years. It is anticipated that the cumulative program will be budget neutral for the Water System.

FUNDING Funding is available in the Water System Operating Budget for the Toilet Rebate Program, Fund 500, Department 500, Unit 5100, Object 6625.

RECOMMENDATION The Board of Commissioners authorize an agreement with Niagara Conservation Corporation for management of the Multi-Family Ultra High Efficiency Technology Direct Install Program for the Water System, Program No. C0132, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 1

Page 26 of 181

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: January 28, 2014

PURPOSE To approve a Design-Build Memorandum of Understanding (MOU) between the Georgia Department of Transportation (GDOT) and Cobb County for the relocation of water, wastewater, and stormwater facilities impacted by Safe Routes to Schools in Cobb County, Georgia, GDOT Project P.I. No. 0010401.

BACKGROUND The proposed Memorandum of Understanding commits the Water System to generate a design for the relocation/adjustments of any of its facilities in conflict with the Safe Routes to Schools in Cobb County, Georgia project and commits GDOT to pay for related costs. The sidewalk projects are along Kincaid Road in front of Kincaid Elementary School and Irwin Road in front of Cheatham Hill Elementary School.

FUNDING Not applicable.

RECOMMENDATION The Board of Commissioners approve a Design-Build Memorandum of Understanding (MOU) between the Georgia Department of Transportation (GDOT) and Cobb County for the relocation of water, wastewater, and stormwater facilities impacted by Safe Routes to Schools in Cobb County, Georgia, GDOT Project P.I. No. 0010401 and authorize the Chairman to execute the necessary documents.

ATTACHMENTSMemorandum of Understanding

Maps

Comm. Dist.

1,3

Agenda Item Number. 2

Page 27 of 181

Memorandum of Understanding

to be provided under separate cover.

Page 28 of 181

Page 29 of 181

Page 30 of 181

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: January 28, 2014

PURPOSE To approve a construction contract with Tippins Contracting Co., Inc. for the City of Kennesaw Miscellaneous Water Main Replacement, Program No. W2270.

BACKGROUND Portions of the City of Kennesaw area are currently served by 6-inch water mains of various pipe material and 2½-inch polyvinyl chloride (PVC) pipe which are subject to periodic failure and ongoing repair demands. The proposed project will address these deficiencies in several areas and bring the areas up to current Water System standards. The project includes abandoning the use of the existing water mains and replacing with approximately 900 linear feet of 6-inch ductile iron pipe (DIP) along Melanie Drive and approximately 2,800 linear feet of 6-inch DIP along portions of North Main Street, Dallas Street, J. O. Stephenson Avenue, and Watts Drive, and all other appurtenances. Bids for construction were received on January 9, 2014, and the results of the bid were as follows: Tippins Contracting Co., Inc. $347,402.50D & H Construction Company $386,129.60G. S. Construction Co., Inc. $394,907.50The Dickerson Group, Inc. $398,035.00K. M. Davis Contracting Co., Inc. $439,257.50Site Engineering, Inc. $462,737.50Wade Coots Company, Inc. $513.651.50John H. Pruett Construction Co., Inc. $692,932.90Shaheed’s Construction Co., Inc $737,709.50

Comm. Dist. 1

Agenda Item Number. 3

Page 31 of 181

Corley Contractors / dba / C & L Contractors $861,847.77

FUNDING Funding is available in the Water System’s Unidentified New/Replacement Water Mains Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2270. Transfer from: Unidentified New/Replacement Water Mains

Transfer to: City of Kennesaw Miscellaneous Water Main Replacement

Preliminary Estimates 510-500-5754-8005 W1503-Z $357,092.50

Construction 510-500-5754-8260 W2270-C $347,402.50Interest Expense on Retainage 510-500-5754-6613 W2270-A $1,740.00Materials & Supplies 510-500-5754-8265 W2270-M $1,000.00Contingency 510-500-5754-8810 W2270-T $6,950.00Total $357,092.50

RECOMMENDATION The Board of Commissioners approve a construction contract with Tippins Contracting Co., Inc., in the amount of $347,402.50, for City of Kennesaw Miscellaneous Water Main Replacement, Program No. W2270, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap

Agenda Item Number. 3

Page 32 of 181

99

137138

129

100

130

101

128

139

929190

98

167166

93

136

131

168 169

Cherokee St

Moon Station Rd

South Main St

North Main St

Big Shanty Dr

Ben King Rd

Watts D

r

Mccollum Pkwy

Pine Hill Dr

Carrie Dr

Smith Dr

Shirley Dr

Grant Dr

Maple Dr

Rus sel l Dr

Duncan Dr

Timberlake Rd

Scar lett Ln

Lula Ln

Rhett Dr

Wrens Way

Twelve Oaks Cir

Dallas St

Carrie Farm Rd

Deerfield Dr

Dobbins Dr

College Dr

Douglas Ln

Poplar Dr

Sardis St

Timber Ln

Pine Hill Cir

Travelers Trl

Matlock Dr

Mark Pl

Jebs Ct

Clifton Downs Ct

Ter ry Ln

Lewis St

Melanie Dr

Carter CirMcgarity Ln

Brenton Dr

English Ivey Ln

Kennes aw Station Dr

Galt Pl

Carruth St

Vinta

ge Wood Way

Summers St

L ee Ct

Pine Dr

Ashley Way

Deerfield Ln

Whispering Dr

Paradise Ln

White O

ak Cir

Virginia Ave

Lindley Ln

Branch Dr

Moon Station Dr

School Dr

Wi nsburg Dr

Rackley Way Ta

ra Ct

Oak Dr

North Ave

Randolph Cir To

wne Manor Dr

Par Pl

Whitfield Pl

Duvall Pl

Manor W

ay

Ivey Park Dr

Howard Ct

Dogwood Dr

Cemetery Rd

Royal Ct

Wax Wing Ct

Location Map

:*Project: City of Kennesaw Miscellaneous Water Main ReplacementProgram Number: W2270Land Lots: As ShownDistrict: 20thCommission District: 1

1:12,000

Project

Project

Project

Page 33 of 181

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: January 28, 2014

PURPOSE To approve a construction contract with M.V.P. Piping Co., Inc. for Maintenance Zone 3 Sewer Creek Crossing Repairs, Program No. S1087.

BACKGROUND The Maintenance Zone 3 Sewer Creek Crossing Repairs project involves the replacement of two stream crossings and the relocation of sewer mains away from eroding stream banks. The project consists of replacement of approximately 470 linear feet of sewer main with 8-inch and 16-inch ductile iron pipe near Lakeview Trail, replacement of 35 linear feet of sewer main near Asheforde Drive with 8-inch polyvinyl chloride pipe, and replacement of 550 linear feet near Ridgewater Drive with 8-inch ductile iron pipe and all related appurtenances. Bids for construction were received on January 9, 2014, and the results of the bid were as follows:

M.V.P. Piping Co., Inc $201,432.50Site Engineering, Inc. $314,760.50

Wade Coots Company, Inc. $344,387.50

Corley Contractors/dba/C & L Contractors $345,207.83

K. M. Davis Contracting Co., Inc. $426,732.50

Comm. Dist.

2, 3

Agenda Item Number. 4

Page 34 of 181

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 No. S1087. Transfer from: Unidentified New/Replacement Sewer Lines

Transfer to: Maintenance Zone 3 Sewer Creek Crossing Repairs

Preliminary Estimates 510-500-5755-8005 S2503-Z $206,472.50

Construction 510-500-5755-8260 S1087-C $201,432.50Interest Expense on Retainage 510-500-5755-6613 S1087-A $1,010.00Contingency 510-500-5755-8810 S1087-T $4,030.00Total $206,472.50

RECOMMENDATION The Board of Commissioners approve a construction contract with M.V. P. Piping Co., Inc., in the amount of $201,432.50, for Maintenance Zone 3 Sewer Creek Crossing Repairs, Program No. S1087, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMaps

Agenda Item Number. 4

Page 35 of 181

Page 36 of 181

Page 37 of 181

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: January 28, 2014

PURPOSE To approve a Developer Agreement with Acadia Homes and Neighborhoods, LLC, for installation of a 12-inch water main along Spring Hill Parkway, Program No. W1025.

BACKGROUND Acadia Homes and Neighborhoods proposes to construct a town home development on Spring Hill Parkway near Cumberland Boulevard. A new 8-inch water line is needed to provide water service to the new development; however, a 12-inch water main would better serve the long-term needs of the Water System. Accordingly, the proposed Developer Agreement requires that the Water System provide 1,200 linear feet of 12-inch ductile iron water main to the Developer for him to install in lieu of the 8-inch main that would have been sufficient for his project.

FUNDING

Funding is available in the Water System’s Spring Hill Parkway Water Main Installation Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W1025. Transfer from: Spring Hill Parkway Water Main Installation

Preliminary Estimates 510-500-5754-8005 W1025-Z $ 34,000.00

Comm. Dist. 2

Agenda Item Number. 5

Page 38 of 181

Transfer to: Spring Hill Parkway Water Main Installation

Materials & Supplies 510-500-5754-8265 W1025-M $ 33,000.00 Contingency 510-500-5754-8810 W1025-T $ 1,000.00 Total $ 34,000.00

RECOMMENDATION The Board of Commissioners approve a Developer Agreement with Acadia Homes and Neighborhoods, LLC, for installation of a 12-inch water main along Spring Hill Parkway, Program No. W1025, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap

Developer Agreement

Agenda Item Number. 5

Page 39 of 181

845882

846 881

844 883

810

811

Spring H

ill P

kwy

Cum

berla

nd Pkw

y

Cum

berland Blvd

Adams La

ke Blvd

Mission Ridge Rd

Sports Ave

Cum

berla

nd M

all

Cum

berla

nd C

ir

§̈¦285

§̈¦285

LOCATION MAP

:*

Project: Spring Hill Parkway Water MainProgram Number: W1025Land Lots: 845, 881 and 882District: 17Commission District 2Description: Developer's Agreement

1:4,000

Proposed Water Main

Page 40 of 181

Developer Agreement

to be provided under separate cover.

Page 41 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve a Real Property Agreement with the Georgia Department of Transportation for Big Shanty Road Sidewalk, State Project No. CSTEE-0010-00(706), State P.I. No. 0010706, Cobb County Project No. D7280.

BACKGROUND Big Shanty Road Sidewalk is an approved pedestrian improvements project in the Sidewalks Component of the 2005 SPLOST Transportation Improvements Program. This project consists of the construction of a five-foot wide sidewalk along both sides of Big Shanty Road, from Chastain Meadows Parkway to Bells Ferry Road, for a project length of 0.40 miles. Big Shanty Road Sidewalk is also an approved sidewalk project in the FY 2011-2012 Transportation Enhancement (TE) program. The TE program is a Federally funded program managed by the Georgia Department of Transportation (GDOT). The goal of this program is to enhance transportation infrastructures through projects such as multi-use trails and paths, streetscapes, historic preservation of transportation-related facilities, and scenic byways. The Department is in receipt of a Real Property Agreement from GDOT for the acquisition of rights-of-way on Big Shanty Road.

FUNDING

N/A

Comm. Dist.

3

Agenda Item Number. 6

Page 42 of 181

RECOMMENDATION The Board of Commissioners approve a Real Property Agreement with the Georgia Department of Transportation for Big Shanty Road Sidewalk, State Project No. CSTEE-0010-00(706), State P.I. No. 0010706, Cobb County Project No. D7280; and authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Real Property Agreement

Agenda Item Number. 6

Page 43 of 181

" " " " " " "

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BUCKINGHAMD R

PARKWOOD DR

KELLY DR

FOX

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CH

ASTA INGL EN

LN

KENSIN

GTON

DR

R ING RD

RIN G RD

R OCK BR I DGE

R DROC KMOOR TRL

SUM TER DR

MAX

A NNE

D R

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U NMOVI N D

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W EYBOURNE C T

COTTONWOOD

DR

ETHR

IDGE DR

GUILD HALL

TRL

ROB E

RTS

C T

DAW

N DR

HARTLEY W OODS DR

CHAPM AN L N

DEV ONSHIREDR

BLOOMB RI DGE WAY

CAJU

N DR

STATI O NDR

LO WET

RL

ROTH ERHITHE LN

HIDDENF O RE ST CT

SOU THWICKDR

C R IP PL ECREEK

DR

PAXTONCIR

DILLARD DR

HID D

EN

HIL LS DR

PRAD

O LN

EM BRY LN

COURSON

ST

RETREAT

CLSEEN GL A ND PL

PARKSTONE WAY

SHILOH RD

GEORGEBUSBEE PKW

Y

P IED MONT R D

BELLS FERRY RD

CHASTAIN RD

COBB PLACE BLVD

BARR

ETT

LAKE

S BL

VD

B IG SHANTY RD

NORTH BOOTH RD

ERNEST BARRETT PKWY

NEW CHASTAIN RD

DUNCAN RD

BUSB EEDR

TOWN CENTER DR

C HAS

TAI N

MEAD

OWS

PKWY

TOWNPARK DR

G EORGEBUSBEE PKWY

BELLSFERRYPARK

PROJECT:Big Shanty Road SidewalkProject No. D7280

[

DATE:January 28, 2014

Notes: Commission District 3

Cobb CountyDepartment of Transportation

LOCATION MAP

End Project

k

Begin Project

Page 44 of 181

1

REAL PROPERTY AGREEMENT

STATE OF GEORGIA COUNTY OF COBB THIS AGREEMENT, made and entered into on this the _____ day of __________________, by and between the GEORGIA DEPARTMENT OF TRANSPORTATION (hereinafter “Department) and COBB COUNTY, GEORGIA, a political subdivision of the State of Georgia (hereinafter “COBB”).

WITNESSETH: WHEREAS, the Department is authorized to receive federal funding for Transportation Enhancement Activities for Georgia pursuant to provisions of 23 U.S.C. Section 139(b)(8); and, WHEREAS, COBB has represented to the Department that it has the authority to receive and expend Federal funds for the purpose of the Big Shanty Road project, is qualified to provide its services necessary for the implementation of the project, and the Department has relied upon such representation; NOW, THEREFORE, it being duly considered and in recognition of the value and benefits accruing to the Local Government, from said proposed Transportation Enhancement Project funding does promise and covenant as herein made; it agrees that: ARTICLE I Project: Big Shanty Road Sidewalks Project No: CSTEE-0010-00(706) P. I. Number: 0010706 Description of Real Estate: Big Shanty Road Sidewalks – construction of a 5-foot sidewalk along Big Shanty Road, from Chastain Meadows Parkway to Bells Ferry Road, beginning at Station 10+00 and ending at Station 31+54.52.

Page 45 of 181

2

ARTICLE II ____________________ City/County, Georgia, acknowledges that federal funds are being used to purchase the property designated in Article I, and, if this property ever changes ownership, the local government will reimburse the Georgia Department of Transportation the Fair Market Value of the property based on the Project’s actual share ratio. COBB County, Georgia, acknowledges that federal funds are NOT being used to purchase the property designated in Article I, but if acquisition is needed, it will be acquired in accordance with Public Law 91-646, the Uniform Relocation Assistance and Real Properties Policies Act of 1970, as amended, and the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code; 23 CFR 710, et. seq., and 49 CFR Part 24, and the rules and regulations of the Department. This work shall be coordinated with the Georgia Department of Transportation Office of Right of Way. ARTICLE III It is further agreed that this agreement will be referenced in the warranty deed for the above referenced property. IN WITNESS WHEREOF, the said parties have hereunto set their hands and affixed their seals, on this day and year first above written. Sworn to a delivered

In the presence of: COBB COUNTY, a political subdivision of the State of Georgia,

______________________ Witness

BY: ________________________________________________

__________________________ Timothy D. Lee, Chairman Notary Public Board of Commissioners

(NOTARY SEAL) ATTEST: ________________________________________________ County Clerk

(AFFIX COUNTY SEAL HERE)

Sworn to a delivered

In the presence of: GEORGIA DEPARTMENT OF TRANSPORTATION

_____________________ Witness BY: ________________________________________________ Howard P. Copeland

ITS: Right-of-Way Administrator

_____________________ Notary Public (NOTARY SEAL)

X

Page 46 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Burnt Hickory Road over Mud Creek, Project No. E1010.

BACKGROUND

Burnt Hickory Road over Mud Creek is an approved bridge replacement project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes replacing the existing bridge located on Burnt Hickory Road over Mud Creek, for a project length of approximately 600 feet. An additional easement is needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget. Negotiations with the property owners are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Department’s Development Services, Right-of-Way and Construction staff, and the County’s Legal personnel, recommends condemnation actions be filed. Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. §32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.

Comm. Dist. 1

Agenda Item Number. 7

Page 47 of 181

FUNDING N/A

RECOMMENDATION The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Burnt Hickory Road over Mud Creek, Project No. E1010; adopt a Resolution and Order in form substantially similar to the attached; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Resolution and Attachment 1 for Parcel 4

Agenda Item Number. 7

Page 48 of 181

Kennesaw

Marietta

!(120

!(120

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MIKE DR

DOVER LN

FREN

CHS PT

RAND

ALL

CT

S ALIE NT R D

EVERLEIGH D R

W OOD PARK TRCE

COCKREL L DR

K IRK

LN

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ING

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OLD D ALLAS R D

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COXF ARM

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NS

TA

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MCDA NI

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MCDANI ELRD

SADD

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BROOKWAY

MENLO DR

FROG LEAPTRL

ROCK

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DEN

TER

BRIDLE

RUN

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B ATTLE F O REST DR

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RDG

CRE ST MON T WAY

MARI ETTACO UNTRY CLB DR

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AY

INFA

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POLO

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TARP

LEY

RD

PARK

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HELMSWOODC IR

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ERNES

TBAR

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VILLA RICA WAY

BURNT HICKORY RD

BURNT HICKORY RD

DALLAS HW Y

KENNESAW

DUE WEST RD

S TILESBORO RD

WHIT LO CK AVE

ERNES T BARRE

TTPK

WY

MOUNTCALVARY RD

WEST SANDTOWN RD

GO RD ONCO M

BSRD

Noonday Creek

Mud Creek

Noses Creek

PROJECT:Burnt Hickory Road overMud Creek Bridge ReplacementProject No. E1010

[

DATE:January 28, 2014

Notes: Commission District 1

Cobb CountyDepartment of Transportation

LOCATION MAP

Project Location

k

Parcel 4

Page 49 of 181

Page 50 of 181

Page 51 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Stout Parkway over Gothards Creek, Project No. E1080.

BACKGROUND

Stout Parkway over Gothards Creek is an approved bridge replacement project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes replacing the existing bridge located on Stout Parkway, between Holloman Road and Brown Road. An additional easement is needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget. Negotiations with the property owners are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Department’s Development Services, Right-of-Way and Construction staff, and the County’s Legal personnel, recommends condemnation actions be filed. Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. §32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.

Comm. Dist. 4

Agenda Item Number. 8

Page 52 of 181

FUNDING N/A

RECOMMENDATION The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Stout Parkway over Gothards Creek, Project No. E1080; adopt a Resolution and Order in form substantially similar to the attached; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Resolution and Attachment 1 for Parcel 4

Agenda Item Number. 8

Page 53 of 181

!(

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BANKHEADHWY

BROWNSV ILLE

RDD O U G L A S

!(6

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MY D

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LN

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TALO

NCT

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BALT

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WORTH

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TR

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KEAT

ONLN

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LEAH

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BANNISTER D R

MIR

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Sweetwater Creek

PROJECT:Stout Parkway over Gothards Creek Bridge ReplacementProject No. E1080

[

DATE:January 28, 2014

Notes: Commission District 4

Cobb CountyDepartment of Transportation

LOCATION MAP

Project Location

k

Parcel 4

Page 54 of 181

Page 55 of 181

Page 56 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Windy Hill Road (West), Project No. E4030.

BACKGROUND

Windy Hill Road (West) is an approved thoroughfare improvements project in the 2011 SPLOST Transportation Improvements Program (TIP). The project scope includes the addition of a third through lane in each direction on the west side of the I-75/Windy Hill Road Interchange, from the I-75 southbound off ramp to Cobb Parkway, and from Cobb Parkway to the I-75 southbound on ramp, for a distance of approximately 0.80 miles. Median improvements are also included. Additional rights-of-way and easements are needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget. Negotiations with the property owners are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Department’s Development Services, Right-of-Way and Construction staff, and the County’s Legal personnel, recommends condemnation actions be filed. Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A. §32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking method. It is appropriate for the County to use this method for reasons including, but not limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.

Comm. Dist. 2

Agenda Item Number. 9

Page 57 of 181

FUNDING N/A

RECOMMENDATION The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.; authorize the commencement of condemnation proceedings on one parcel on Windy Hill Road (West), Project No. E4030; adopt a Resolution and Order in form substantially similar to the attached; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Resolution and Attachment 1 for Parcel 17

Agenda Item Number. 9

Page 58 of 181

"

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DELK RD

WINDY RIDGE PKWY

AKERS MIL L RD

COBB PKWY

SPRING RD

POWERS

FE RRYRD

HERODIAN WAY

WINDY HILL RD

ROSW ELL ST

COBB PKWY

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NOR THPARK PL

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BENTLEY RD

FRANKLINRD

INTERSTATE N

CIR

I N TERSTATE N PKWY

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VI LLA

GEPK

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THEEXC HAN GE

FRA N

KLIN

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WINDY HILL RD

H AWK C T

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ARGODR

SHADOWOOD

PKW Y

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DU

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FORE

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GO R D ON CIR

PARK

RD

GLENROY DR

B EEC

HWOOD DR

P EBB

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PROJECT:Windy Hill Road (West), Project No. E4030

[

DATE:January 28, 2014

Notes: Commission District 2

Cobb CountyDepartment of Transportation

LOCATION MAP

k

Begin Project End Project

Parcel 17

Page 59 of 181

Page 60 of 181

Page 61 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve Non-Federal Reimbursable Agreement No. AJW-FN-ESA-13-7209 with the U.S. Department of Transportation Federal Aviation Administration to relocate federally owned equipment at Cobb County Airport-McCollum Field from the existing air traffic control tower to the new air traffic control tower.

BACKGROUND

On December 20, 2012, the Board of Commissioners authorized the advertisement for and issuance of a Request for Qualifications and authorized the submission of a grant application to the Federal Aviation Administration (FAA) for the design and construction of a new air traffic control tower at Cobb County Airport-McCollum Field. The existing air traffic control tower, which is classified by the FAA as a non-federal control tower, utilizes both locally owned and federally owned equipment to assist the air traffic controllers in maintaining air traffic separation. The FAA requires the relocation of any federally owned equipment to be completed only by FAA authorized personnel; therefore, the County is required to enter into an Agreement with the FAA to relocate and recertify all FAA owned equipment from the existing air traffic control tower to the new air traffic control tower. The new control tower will also be classified by the FAA as a non-federal control tower.

On July 9, 2013, the Board approved a design/build contract for the new air traffic control tower with Peter Brown Construction, Inc., in a total amount not to exceed $734,004.00, to include design costs of $272,531.00, project fee costs of $135,733.00, and project general condition costs of $325,740.00.

Comm. Dist. 1

Agenda Item Number. 10

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The new air traffic control tower design is complete. Peter Brown Construction, Inc., is developing the Guaranteed Maximum Price for construction to begin in April 2014, to coincide with anticipated receipt of Federal funding.

The Department is in receipt of FAA Non-Federal Reimbursable Agreement No. AJW-FN-ESA-13-7209 for expenses related to the relocation of federally owned air traffic control equipment from the existing air traffic control tower to the new air traffic control tower. The FAA estimates a total cost of $248,029.51 for the relocation work and requires advance payment of this estimate upon execution of the Agreement. Following completion of the work and final auditing, any unused funds advanced per this Agreement will be refunded to the County.

The project is eligible for FAA and State of Georgia grant funding to reimburse Cobb County for 50 percent of eligible costs up to $2,500,000.00. The Agreement with the FAA has been reviewed by the County Attorney's Office.

FUNDING Available in the Grant Fund with the following interfund transfer from the Airport Division's FY14 approved Reserve Budget:

Transfer from: 010-050-0720-8852 (Fund Balance-Reserves) $248,029.51

Transfer to: 270-050-G034-8120 (Professional Svcs-Bldgs & Structures)

$248,029.51

RECOMMENDATION The Board of Commissioners approve Non-Federal Reimbursable Agreement No. AJW-FN-ESA-13-7209 with the U.S. Department of Transportation Federal Aviation Administration, in an amount not to exceed $248,029.51, to relocate federally owned equipment at Cobb County Airport-McCollum Field from the existing air traffic control tower to the new air traffic control tower; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSNon-Federal Reimbursable Agreement with Department of Transportation Federal Aviation

Administration

Agenda Item Number. 10

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NON-FEDERAL REIMBURSABLE AGREEMENT

BETWEEN

DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

AND

COBB COUNTY

COBB COUNTY AIRPORT-MCCOLLUM FIELD KENNESAW, GEORGIA

WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which Cobb County (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA;

WHEREAS, it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA’s mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA’s mission;

WHEREAS, the authority for the FAA to furnish material, supplies, equipment, and services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. § 106(l)(6) on such terms and conditions as the Administrator may consider necessary;

NOW THEREFORE, the FAA and the Sponsor mutually agree as follows:

ARTICLE 1. Parties

The Parties to this Agreement are the FAA and Cobb County.

ARTICLE 2. Type of Agreement

This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(l)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization.

ARTICLE 3. Scope

A. The purpose of this Agreement between the FAA and the Sponsor is to relocate the FAA Terminal, Navaids, and Weather/Surveillance equipment from the old Air Traffic Control Tower (ATCT) or A80 to the new building at Cobb County Airport McCollum Field. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled:

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“Relocate Telco and Relocate Equipment for New ATCT at Cobb County Airport”

B. The FAA will perform the following activities:

1. Provide guidance, technical assistance and review design drawings and specifications for the relocation work. This includes participating in a project kick-off meeting. The design reviews will be performed at the 60%, 90% and 100% stages and will have a maximum turnaround time of 30 calendar days. At minimum, the 90% design review meeting will include an on-site review meeting between the FAA and the Project Sponsor’s design team. Other on-site meetings will be scheduled according to project complexity.

2. Coordinate with the Sponsor to remove the existing FAA Terminal Equipment (FDIO, STARS, ILS OID and AWOS Monitor) and relocate it to its new location. The equipment shall be stored on airport property if the new ATCT is not prepared for installation.

3. Provide a Technical On-site Representative (TOR) during installation and tune-up of electronics equipment. The TOR will be on-site from the start of the electronics installation until the equipment passes cutover checks.

4. Coordinate project activities for FAA tasks.

5. Purchase electronics installation materials to facilitate the relocation of the equipment. The installation of these materials and tune-up of electronics equipment will be performed by FAA personnel.

6. Perform all cable terminations for FAA equipment

7. Continue to assume the current recurring cost of existing FTI and Telco lines associated with the ATCT.

8. Establish FAA Telecommunication Infrastructure (FTI) at the RYY ATCT. This will include eleven FTI operational services (7 existing plus 4 future Terminal Automation Modernization and Replacement (TAMR) services). Additionally, establish FTI mission support circuits and AWOS circuits.

9. Ensure the relocated/modified conduits and cables are installed in accordance with FAA standards and verify the satisfactory operation of the services.

10. Perform cable terminations or reconnections at FAA-owned facilities or equipment, or provide oversight if the terminations or reconnections are not performed by the FAA.

11. Ensure that all FAA site preparation work is completed prior to requesting Telco service orders to relocate the circuits to the new building.

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12. Conduct a Joint Acceptance Inspection (JAI) with the Project Sponsor. A formal list of exceptions will be given to the Project Sponsor within 15 calendar days of facility commissioning/restoration. Latent defects may be added to the list of exceptions through the formal process outlined in the JAI Order.

C. The Sponsor will perform the following activities:

1. Conduct a project kick-off meeting with local and regional FAA representatives. The purpose of the meeting is to develop a project schedule for both design and implementation. It will also include a project overview to identify and take action to resolve any related issues.

2. Provide drawings and specifications that comply with the FAA CAEG Standards and current FAA design criteria. Design work will include identification of work tasks and constraints for the development of construction schedules. Provide five sets of design packages for FAA review at 60%, 90%. and 100% stages. Design packages that must be sent simultaneously to different FAA organizations for review. Copies of the final design package (after all FAA review comments are incorporated) will be furnished to the FAA in paper, electronic file transfer, and Portable Document File (pdf) form prior to the start of construction. See the Engineering Services Terminal Design Team manager (404) 389-8681 for details.

3. Provide “as-built” drawings to the FAA in paper and electronic file transfer form.

4. Provide a designated representative who will be readily available to the FAA during construction contract. This representative will be responsible for addressing FAA concerns to the Project Sponsor’s contractor.

5. Obtain all necessary construction and environmental permits, easements, and encroachments permits. This work includes meeting all airport security requirements, submitting 7460-1 (Airspace Study), 7460-2 (Notice of Construction) and performing airspace evaluations.

6. Furnish and install all power and communications cables and provide adequate space, AC power and ground infrastructure to support the FTI CPE reconnection at the new location.

7. Construct all required foundations and infrastructure per FAA standards.

8. Test and terminate all cable per FAA standards.

9. Formally notify the Engineering Services Terminal Implementation Team Manager at (404) 389-8681 a minimum of 30 calendar days in advance of major project milestones for coordination of activities. Major milestones shall include formal design reviews, Notice to Proceed (NTP), changes to the project schedule, and formal inspections. A project schedule must be presented to the FAA in advance of the NTP for planning and tracking purposes.

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10. Arrange for installing a primary power service to each facility

11. Coordinate with required agencies for the outage of FTI and airfield services at the site during the switch over and execution of the relocation project.

12. Provide the FAA Communications Engineering Center a minimum of 90 day notice prior to commissioning date for the FAA to coordinate all FTI Telco supporting the relocation.

13. Participate in CAI(s) and final JAI with FAA representatives and correct construction exceptions as noted. If exceptions are not corrected within 45 calendar days, the FAA will clear remaining CAI/JAI exceptions and charge the cost to the sponsor through the reimbursable agreement. All exceptions must be cleared or otherwise resolved before the agreement can be closed out.

D. This agreement is in whole or in part funded with funding from an AIP grant [ ] Yes [ X ] No. If Yes, the grant date is:________ and the grant number is: _________________.

ARTICLE 4. Points of Contact

A. FAA:

1. The Eastern Service Area, Atlanta Communications Engineering Center will perform the scope of work included in this Agreement. Eron Osman is the Terminal Engineering liaison with the Sponsor and can be reached at (404) 389-8681. The Navaids Engineering liaison is Jerry Turnipseed and can be reached at (404) 389-8609. Kevin Willis is the Communications Engineering liaison and can be reached at (404) 389-8866. These liaisons are not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement.

2. FAA Contracting Officer: The execution, modification, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Gail Edwards who can be reached at 404-305-5182.

B. Sponsor:

Mr. Karl A. Von Hagel 1723 Mc Collum Pkwy Bldg 100 Kennesaw, GA 30144 (770) 528-1615 ARTICLE 5. Non-Interference with Operations

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The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facility, system, and/or equipment covered by this Agreement during its term or any renewal thereof made necessary by Sponsor improvements, changes, or other actions which in the FAA’s opinion interfere with the technical and/or operations characteristics of an FAA facility, system, and/or piece of equipment will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the parties will determine funding responsibility.

ARTICLE 6. Property Transfer

Reserved.

ARTICLE 7. Estimated Costs

The estimated FAA costs associated with this Agreement are as follows:

Terminal Estimated Cost WBS 4020 – Engineering - Design $13,155.55 WBS 4060 – Site Prep/Install/Test $92,372.00

Subtotal $105,527.55 Overhead $25,914.55

Estimated Cost $131,442.10

Navaids Estimated Cost WBS 4020 – Engineering/Electronics Design $17,735.27 WBS 4060 – Site Prep/Install/Test $52,211.87

Subtotal $69,947.14 Overhead $20,567.26

Estimated Cost $90,514.40

Weather/Surveillance Estimated Cost WBS 4020 – Engineering/Electronics Design $4,271.13 WBS 4060 – Site Prep/Install/Test $4,605.83

Subtotal $8,876.97 Overhead $3,208.89

Estimated Cost $12,085.86

Telecommunications Estimated Cost WBS 4080 – FTI Telco Services/Install $13,195.42

Subtotal $13,195.42 Overhead $791.73

Estimated Cost $13,987.15

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Total Cost Estimated Cost

Terminal $131,442.10 Navaids $90,514.40 Weather/Surveillance $12,085.86 Telecommunications $13,987.15

Total Estimated Cost $248,029.51

ARTICLE 8. Period of Agreement and Effective Date

The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section E of this Agreement. Under no circumstances will this Agreement extend five years beyond its effective date.

ARTICLE 9. Reimbursement and Accounting Arrangements

A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and full advance payment in the amount stated in Article 7 to the Accounting Division listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement.

B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement.

C. The Accounting Division is identified by the FAA as the billing office for this Agreement. The Sponsor will send a copy of the executed Agreement and the full advance payment to the Accounting Division shown below. All payments must include the Agreement number, Agreement name, Sponsor name, and project location.

The mailing address is: FAA Mike Monroney Aeronautical Center Attn: AMZ-330, Reimbursable Project Team P.O. Box 25082 Oklahoma City, OK 73125

The overnight mailing address is: FAA Mike Monroney Aeronautical Center Attn: AMZ-330, Reimbursable Project Team 6500 S. MacArthur Blvd. Oklahoma City, OK 73169

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Telephone: 405-954-2828

The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as:

Mr. Karl A. Von Hagel 1723 McCollum Pkwy Bldg 100 Kennesaw, GA 30144

(770) 528-1615

D. The FAA will provide a quarterly Statement of Account of costs incurred against the advance payment.

E. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be modified to recover the FAA’s actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor a modification to the Agreement which includes the FAA’s additional costs. The Sponsor agrees to prepay the entire estimated cost of the modification. The Sponsor will send a copy of the executed modification to the Agreement to the FAA-Mike Monroney Aeronautical Center with the additional advance payment. Work identified in the modification cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent.

ARTICLE 10. Changes and Modifications

Changes and/or modifications to this Agreement will be formalized by a written modification that will outline in detail the exact nature of the change. Any modification to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent modification(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as modifying or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be modified, whereupon the parties will consult to consider such modifications.

ARTICLE 11. Termination

In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case

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on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued.

ARTICLE 12. Order of Precedence

If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order:

A. This Agreement

B. The attachments

ARTICLE 13. Legal Authority

This Agreement is entered into under the authority of 49 U.S.C. § 106(l)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation.

ARTICLE 14. Disputes

Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 46110).

ARTICLE 15. Warranties

The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement.

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ARTICLE 16. Insurance

The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf.

ARTICLE 17. Limitation of Liability

To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages.

ARTICLE 18. Civil Rights Act

The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs.

ARTICLE 19. Protection of Information

The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement.

ARTICLE 20. Security

In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14-2, Contractor Personnel Suitability Requirements are met.

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ARTICLE 21. Entire Agreement

This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any modification to this Agreement, the terms of such modification will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any modifications thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void.

AGREED:

FEDERAL AVIATION ADMINISTRATION

COBB COUNTY

SIGNATURE SIGNATURE

NAME NAME

TITLE Contracting Officer TITLE

DATE DATE

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Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., for intersection improvements on Cumberland Parkway at Paces Ferry Road, Cumberland Community Improvement District Project No. CCID-1027, Cobb County Project No. TR461, MIS Contract No. 000508.

BACKGROUND

Cumberland Parkway at Paces Ferry Road is an intersection improvements project located within the Cumberland Community Improvement District (CCID). On January 11, 2012, the Board of Commissioners approved a contract with Baldwin Paving Company, Inc., for intersection improvements on Cumberland Parkway at Paces Ferry Road. The project consisted of improving the existing intersection by constructing dual left-turn lanes, from westbound Paces Ferry Road onto Cumberland Parkway, to reduce delay for westbound traffic and provide additional storage for vehicles turning left onto southbound Cumberland Parkway. Additional improvements included the installation of a new mast arm traffic signal to accommodate the dual left-turn lanes, pedestrian improvements to include Americans with Disabilities Act compliant curb ramps in all four corners of the intersection, refuge islands for pedestrian safety, realigned crosswalks, and an increased turning radius in the southwest corner of the intersection. A right-turn slip lane was also constructed in the northeast corner of the intersection. The CCID agreed to fund 100 percent of the total roadway construction and Water System costs. The CCID also agreed to be responsible for the maintenance of all landscape and hardscape installed on the project.

Comm. Dist. 2

Agenda Item Number. 11

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Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., a savings to the project in the amount of $84,214.84, is requested due to variations between the original and final plan quantities, including underruns to asphaltic patching, leveling quantities, and construction allowance. These are the final changes necessary to close this contract with Baldwin Paving Company, Inc.

Original Contract $750,411.50

Change Order No. 1 (final) ($84,214.84)

Revised Contract $666,196.66

FUNDING

A savings to the Capital Projects Fund.

A savings to the Water System’s Miscellaneous County Roadway Improvements Adopted CIP Budget with the following budget transfers:

Transfer from: Cumberland Parkway at Paces Ferry Road Intersection Improvements

Transfer to: Miscellaneous Roadway Improvements

Decrease appropriation of Cumberland Community Improvement District (CCID) revenue as follows:

Decrease GAE 380011012409: 380-050-4638-8462-TR461-C$68,244.84

Decrease GAE 510011012409: 510-500-5756-8260-W4252-C$15,970.00

Interest Expense on Retainage 510-500-5756-6613 W4252-A $ 499.93

Contingency 510-500-5756-8810 W4252-T $ 100.00

Total: $ 599.93

Preliminary Estimates 510-500-5756-8005 W4702-Z $ 599.93

Decrease Revenue Appropriation: 380-050-4638-4505-TR461-C $68,244.84

510-500-5756-4505-W4252-C $15,970.00

Decrease Expenditure Appropriation: 380-050-4638-8762-TR461-C $68,244.84

510-500-5756-8260-W4252-C $15,970.00

Agenda Item Number. 11

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RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., a savings to the project in the amount of $84,214.84, for intersection improvements on Cumberland Parkway at Paces Ferry Road, Cumberland Community Improvement District Project No. CCID-1027, Cobb County Project No. TR461, MIS Contract No. 000508; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 11

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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

TO: David Hankerson, County Manager

FROM: Jessica Gill, Director

This item has been electronically signed by:Jessica Gill, Director

DATE: January 28, 2014

PURPOSE To authorize Cobb Senior Services to collect, appropriate, and disburse revenues resulting from Senior Citizen Council sponsored programs, events, and activities.

BACKGROUND

The Senior Citizen Council of Cobb County is a 501(c) (4) non-profit organization whose mission is to further advocate for the common good and general welfare of Cobb County residents over the age of 55. The Council helps to promote senior issues within the community by lobbying for legislation on aging issues, and participating in a delegate capacity in community organizations such as the Atlanta Regional Commission Task Force on Aging. For more than 25 years, Cobb Senior Services has partnered with the Council to provide a forum on aging issues and encourage seniors to stay active and involved in the community. Our partnership provides numerous opportunities to inform senior residents of current events and legislation pertinent to their interests and age. In an effort to strengthen our partnership and community outreach efforts, Cobb Senior Services will collect revenues such as membership dues, contributions, and activity fees for Council sponsored programs and events held in partnership with the department. These designated revenues will be used to help issue and manage the monthly newsletter and support Council sponsored activities such as local trips and outings, the annual senior volunteer luncheon, and Cobb Senior Idol. The Council will periodically review all designated revenues and expenditures collected by the department. The designated revenue sources will be appropriated as an on-going ‘standard reserve’ in the department’s budget. At the end of each fiscal year, unspent balances in these standard reserves, along with prior designated reserves balances are re-appropriated in the next fiscal year, for use by this department, with the same designations and restrictions as the original purpose in the prior year.

Comm. Dist.

All

Agenda Item Number. 12

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FUNDING Designated Senior Citizens Council revenues will be collected and appropriated as follows:

Designated and unspent revenues in prior fiscal year budgets will be appropriated in the new fiscal years as follows:

Increase revenue:

010-300-0070-4541 (Senior Citizen Council) $TBD

Increase expenditure:

010-300-0070-8818 (Standard Reserves) $TBD

Increase revenue:

010-300-0070-4980 (Fund Balance) $TBD

Increase expenditure:

010-300-0070-8852 (Fund Balance Reserves) $TBD

RECOMMENDATION The Board of Commissioners authorize the collection, appropriation, and disbursement of revenues resulting from Senior Citizen Council sponsored programs, events, and activities; authorize the corresponding budget transactions; and further authorize the carry forward of all unspent prior year standard reserves into the following fiscal year.

Agenda Item Number. 12

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Cobb County Property Management Department John A. Reida, Director

1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

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

This item has been electronically signed by:John A. Reida, Director Willie A. Hopkins, Jr., Director of Support Services

DATE: January 28, 2014

PURPOSE To approve a lease with the State Property Commission, and to approve a contract with Albion Scaccia Enterprises, LLC, for design/construction services related to the renovation of 277 Fairground Street, for use by the State of Georgia Department Family and Children Services.

BACKGROUND

The building at 277 Fairground Street was vacated by Senior Services and is no longer required for a County purpose. The Property Advisory Commission recommended that the property be declared surplus and the Board approved listing it for sale with McWhirter Realty Partners on March 27, 2012. The Property Advisory Commission further voted to have the County Attorney’s Office negotiate a lease agreement between the County and the State of Georgia Property Commission representing the Department of Family and Children Services (DFCS) for the property. The Property Advisory Commission asked Property Management to issue a Request for Proposals (RFP) for design builders for certain renovations desired by DFCS to the building on this property as set forth in design intent drawings provided by the State Property Commission. The County will be performing certain additional work to this building beyond the renovations requested by the State to bring it into a tenantable condition, including replacing the roof and the HVAC system. These additional improvements will also make this property more marketable in the future. An RFP for the pricing of the drawings was issued through the Purchasing Department with proposals due in December 2013. The RFP was advertised in the Marietta Daily Journal beginning on November 15th, 2013, and again on November 22nd, 29th, and December 6th, 2013, in accordance with Selection Process

Comm. Dist.

All

Agenda Item Number. 13

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2 (Competitive Proposals) of the Policy for the Procurement of Professional Services, as amended by the Board on December 20, 2011. Proposals were received on December 12, 2013, with three firms responding. The following selection committee was approved for this project: Allen Kronenberger, Property Management; Bill Thomas, Purchasing; John Morey, Department of Transportation; Lee McClead, Community Development; and Tom Bills, Parks and Recreation. The selection committee reviewed the responsive proposals received from Ajax Construction Company, Inc., Prime Construction Inc. and Albion Scaccia Enterprises, LLC. Based on their understanding of the project, proposed staffing and approach, availability, cost, as well as financial stability, the selection committee recommends Albion Scaccia Enterprises, LLC, as the top qualified firm for a contract, in the amount of $734,400.00. LEED certification was considered and discounted due to cost. The contractor will use energy efficient HVAC systems, water efficient plumbing fixtures, as well as energy efficient lighting. Property Management requests that a $73,440.00 contingency be established for unforeseen conditions.

The proposed lease for the property will be for a term of ten years at an annual rental amount of $132,500.00. The total rental payable under the lease will fully amortize the County’s costs to renovate the building. The County will be responsible for repairs and maintenance of the building, excluding routine matters such as replacement of light bulbs. The rental amount will be adjusted in the event that the County’s costs to repair and maintain this facility exceed a base amount stated in the lease. The County Attorney’s Office has negotiated a lease for this property incorporating the terms discussed above.

Albion Scaccia Enterprises, LLC $734,400.00 Contingency 73,440.00 Total $807,840.00

FUNDING Funding is available through a fund balance appropriation in the General Fund and a subsequent transfer to the project in the Capital Projects Fund as follows: Increase Revenue 010-014-0140-4980 (Fund Balance Appr.) $807,840.00Increase Expenditure 010-014-0140-6594 (Transfers Out) $807,840.00 Increase Revenue 380-110-4502-4960 (Project Transfer In) $807,840.00Increase Expenditure 380-110-4502-8005 (Project Preliminary Est.) $807,840.00

RECOMMENDATION

The Board of Commissioners approve a lease with the State Property Commission; approve a contract with Albion Scaccia Enterprises, LLC, in the amount of $734,400.00, for design/construction services related to the renovation of 277 Fairground Street, for the State of Georgia Department of Family and Children Services (DFCS); authorize a project contingency, in the amount of $73,440.00; authorize the corresponding budget transactions; and further authorize the Chairman to execute the lease and necessary documents.

Agenda Item Number. 13

Page 80 of 181

ATTACHMENT: Lease under separate cover

Agenda Item Number. 13

Page 81 of 181

Cobb County Property Management Department John A. Reida, Director

1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

FROM: John A. Reida, Director of Property Management James Decker, Acting Director of Information Services Faye DiMassimo, Director of Transportation Agency Willie A. Hopkins, Jr., Director of Support Services

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

DATE: January 28, 2014

PURPOSE To authorize relocation of the main hub for voice and data communications for Cobb County facilities located on County Services Parkway from 1755 County Services Parkway to the Department of Transportation’s Traffic Management Center at 1890 County Services Parkway.

BACKGROUND

The main hub for voice and data communications for Cobb County facilities located on County Services Parkway is currently in the former Juvenile Court building at 1738 County Services Parkway. All voice and data communications are routed through this location, primarily through private fiber and AT&T Metro Ethernet service. When the former Juvenile Court building is renovated, it will be occupied by Cobb & Douglas Public Health. With this change in use of the building, we recommend that the communications hub be moved to another location that is better suited for this purpose. The Department of Transportation’s Traffic Management Center (TMC) was constructed after the implementation of the Cobb County’s Voice over IP network. The TMC is well equipped for housing critical communications services. The TMC has generator fail-over for the communications equipment in case of electrical failure which would keep the voice and data service operational for most of the facilities on County Services Parkway.

Comm. Dist.

All

Agenda Item Number. 14

Page 82 of 181

The estimated cost for relocating the communications hub is $80,000.00. This includes the cost of running private fiber from the pole located at 1755 County Services Parkway to the TMC, new switching equipment and fiber jumpers to support the new connections, and power to support the additional equipment in the TMC.

FUNDING Funding is available with a transfer from the General Fund's Undesignated Contingency to the project in the Capital Projects Fund as follows:

Transfer from:010-015-0145-8820 (GF Undesignated Contingency)$80,000.00Transfer to: 380-035-4584-8410 (Data Communications) $80,000.00

RECOMMENDATION The Board of Commissioners authorize relocation of the main hub for voice and data communications for Cobb County facilities on County Services Parkway from 1738 County Services Parkway to the Department of Transportation’s Traffic Management Center at 1890 County Services Parkway at a cost not to exceed $80,000.00; and further authorize the corresponding budget transactions.

Agenda Item Number. 14

Page 83 of 181

Cobb County Property Management Department John A. Reida, Director

1150 Powder Springs Street Suite 200 Marietta, Georgia 30064 (770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

FROM: John A. Reida, Director of Property Management James Pehrson, Finance Director Eddie Canon, Parks, Recreation and Cultural Affairs Director Willie A. Hopkins Jr., Director of Support Services

This item has been electronically signed by:John A. Reida, Director James Pehrson, CPA, Director/Comptroller Eddie Canon, Director Willie A. Hopkins, Jr., Director of Support Services

DATE: January 28, 2014

PURPOSE To authorize funding, in an amount not to exceed $80,000, for carpet and flooring replacement as well as additional restoration services at the Windy Hill Community Center.

BACKGROUND On January 7, 2014, the former Windy Hill Senior Center sustained water damage due to the extreme cold weather and will require restoration and replacement of damaged carpet and flooring. This building is slated to be the location for the Windy Hill Community Center operated by P.A.R.K.S. Prices for material and labor for removal and installation of the carpet and the restoration have been provided from the Annual Price Agreement secured through the procurement process required by Purchasing. Additional construction will be handled with in-house labor and the needs and cost of the project have been reviewed and recommended by P.A.R.K.S., Risk and Property Management. Estimated Costs:Carpet and Flooring $50,000.00Restoration 20,000.00General Construction (in-house labor) 10,000.00

Total: $80,000.00

Comm. Dist.

All

Agenda Item Number. 15

Page 84 of 181

FUNDING Funding is available with a transfer from the Risk Management Claims Fund to the project in the Capital Projects Fund as follows:

Any unspent funds for the Windy Hill Community Center renovation will be transferred back to the Risk Management Claims Fund after the project is closed.

Transfer from: 710-055-8011-6605 (Risk Management Claims Fund) $80,000.00 Transfer to: 380-450-4552-8110 (Renovation) $80,000.00

RECOMMENDATION To authorize funding, in an amount not to exceed $80,000, for carpet and flooring replacement as well as restoration services for the Windy Hill Community Center, located at 1885 Atlanta Road, Smyrna; authorize the corresponding budget transactions; and further authorize any unspent funds to be transferred back to the Risk Management Claims Fund.

Agenda Item Number. 15

Page 85 of 181

Cobb County Community Development Agency Rob Hosack, AICP, Director

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

TO: David Hankerson, County Manager

FROM: Rob Hosack, AICP, Director

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

DATE: January 28, 2014

PURPOSE To approve the ranking of the three most qualified firms to develop the Joint Land Use Study for Dobbins Air Reserve Base, City of Marietta, City of Smyrna, and Cobb County from qualified consultants obtained under RFP# 14-5869 and authorize negotiations with the ranked firms.

BACKGROUND

On November 12, 2013, the Board of Commissioners authorized the Community Development Agency to issue a Request for Proposals (RFP) to secure appropriate professional services to assist in the development of a Joint Land Use Study to assist in evaluating encroachment issues on Dobbins Air Reserve Base. This study will be accomplished as a partnership between Cobb County, Dobbins Air Reserve Base, City of Marietta, and the City of Smyrna.

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

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

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

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

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

Comm. Dist.

2, 4

Agenda Item Number. 16

Page 86 of 181

• Enhance intergovernmental cooperation.

Request for Proposals using Selection Process 2 (Competitive Proposals) in the Policy for the Procurement of Professional Services, as amended by the Board on July 28, 2009. Three proposals were received and opened on December 19, 2013. The following individuals served on the selection committee for this project: Robert Hosack, Community Development; Michael Hughes, Economic Development; Brian Binzer, City of Marietta; Ken Suddreth, City of Smyrna; and Richard Crim, Dobbins Air Reserve Base. Dana Johnson, Planning Division Manager and Keehren Baah, Intergovernmental Coordinator served as technical advisors. The selection committee reviewed the submittals and ranked the firms based on their qualifications. The committee ranked the firms in order as follows: • MATRIX • AECOM; and • AMEC.

IMPACT STATEMENT The budget for the project has not been calculated, but we assume that the total cost will exceed $200,000.00. The bid price from the top ranked firm is $216,510. A final cost of services will be determined in coordination with the final scope of work and contract. Cobb County is pursuing a grant from the Department of Defense, Office of Economic Adjustment as a potential revenue source to offset the cost of this project.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve the ranking of the three most qualified firms to develop the Joint Land Use Study for Dobbins Air Reserve Base, City of Marietta, City of Smyrna, and Cobb County, and authorize negotiations for final scope of services and fee beginning with top ranked firm, MATRIX, utilizing Selection Process 2 (Competitive Proposals).

Agenda Item Number. 16

Page 87 of 181

Cobb County Community Development Agency Rob Hosack, AICP, Director

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

TO: David Hankerson, County Manager

FROM: Rob Hosack, AICP, Director

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

DATE: January 28, 2014

PURPOSE To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.459 acres land use known as 3841 Lake Acworth Drive for the City of Acworth.

BACKGROUND On July 27, 2004, the Board of Commissioners entered into intergovernmental agreements with each of Cobb’s municipalities. The agreements serve as the land use dispute resolution process required by HB 489. Per the intergovernmental agreements with the Cities of Acworth, Kennesaw, Marietta, Powder Springs, Smyrna, and Austell, the Board of Commissioners must adopt annexation responses by the County in order to be valid. On September 1, 2007, HB 2, which enacts a binding dispute-resolution process, became effective.

FUNDING N/A

RECOMMENDATION The Board of Commissioners adopt response per HB 489 Intergovernmental Agreement and HB 2 regarding 0.459 acres land use known as Parcel 8 of Land Lot 9 District 20th, 2nd Section known as 3841 Lake Acworth Drive for the City of Acworth.

ATTACHMENTSBOC Response Letter to the City of Acworth

Comm. Dist. 1

Agenda Item Number. 17

Page 88 of 181

Page 89 of 181

Page 90 of 181

Page 91 of 181

Page 92 of 181

Page 93 of 181

Cobb County Community Development Agency Rob Hosack, AICP, Director

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

TO: David Hankerson, County Manager

FROM: Rob Hosack, AICP, Director

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

DATE: January 28, 2014

PURPOSE To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on January 9, 2014 by the License Review Board for Destiny Davis.

BACKGROUND The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct an Appeal Hearing to consider the appeal of the denial of an alcohol permit. The Ordinance also provides for the Board of Commissioners to review a summary of the Appeal Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On January 9, 2014, the License Review Board conducted an appeal hearing for Destiny Davis in regard to the denial of her alcohol permit by the Cobb County Police Department. After conducting the Appeal Hearing and considering all evidence and testimony presented during the hearing and the Online License Review Board Questionnaire, the License Review Board recommended approval of the issuance of the alcohol permit for Ms. Davis.

FUNDING N/A

RECOMMENDATION The Board of Commissioners review the summary of the Appeal Hearing of Jnauary 9, 2014 for Destiny Davis, and affirm the decision of the License Review Board.

ATTACHMENTSSummary January 9, 2014 Appeal Hearing

License Review Board Questionnaire

Comm. Dist. 4

Agenda Item Number. 18

Page 94 of 181

Summary of Appeal Hearing before the Cobb County License Review Board for Destiny Davis, Alcohol Permit while currently working at Stella’s, located at 2810 East West Conn., Austell, GA 30106. On January 9, 2014 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway,

Marietta, GA 30008.

License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Det. Rusty Creamer with the Cobb County Police Department’s Regulatory Services and Permits Unit testified that Destiny Davis truthfully indicated on the alcohol permit application a Felony Theft by Shoplifting conviction. Ms. Davis provided the License Review Board with a letter from her probation officer which stated that working in an establishment serving alcohol would not be a violation of her probation. Ms. Davis explained to the License Review Board that while working in a department store she met a man at Walmart that was asking for money and told her that he was homeless. Ms. Davis stated that she told the man to come see her at her job and she would get him some clothes. Ms. Davis stated that she allowed him to come to her register and she pretended to be checking the gentleman out at her register but she did not charge him for the clothes. Ms. Davis stated that she was fired from her job and charged with Felony Theft by Shoplifting. Ms. Davis stated that she is currently working at Stella’s and she explained Stella’s alcohol policies and procedures. Ms. Davis stated that Stella’s hours of operation are from 11:00a.m. to 11:00p.m. Ms. Davis stated that she has no previous experience serving alcohol. Ms. Davis stated that she has two small children to support ages two and five and that her job at Stella’s is her only source of income. Ms. Davis stated that Stella’s has offered her a position in management but she cannot accept the position until she has obtained her alcohol permit. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Larry Walker and a second by Jim Pehrson the License Review Board recommended approval of the alcohol permit for Destiny Davis. Vote 5-0

Page 95 of 181

Theft by shoplifting

Theft

1. What was the criminal offense(s) that caused the denial of the alcohol work permit?

2. Were there extenuating circumstances with the offense such as a wreck involved, violence involved, theft, confrontation with the police, etc.?

3. What type of sentence did you receive?

4. Have you completed the sentence?

5. Where do you live and with whom?

5 years probation terminate after 2years

no

1165 cypress log place austell ga 30168. my children

6. How long has it been since the arrest?

jan 2013

7. How long has it been since the conviction?

october 1, 2013

8. Where do you work?

stellas

9. Is it a bar? Nightclub? Restaurant?

Restaurant

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

Hostess

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

Work Permit Applicant: DAVIS, DESTINY NICOLE

Permit Number: 138141

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

QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT

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

Cobb County License Review Board

Paul FosterBusiness License

Division Manager

PAGE: 1 1/16/2014 8:09:51 AM138141

APHR_ALCH_WKPERMIT_DENIAL

Page 96 of 181

No under age drinking check id also no serving without a permit.

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

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

Training with another employee

yes

14. What have you done to ensure that you do not violate the law/ordinances in the future? ie - change of friends, change of address, change of life style

My kids and family Change of friends Change of lifestyleGot connected with a church Following christGot on the right pathLove my job and doing great at it.

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

yes

16. Are you going to school?

Yes

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

start in january

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

Think about my kids i would NEVER Wont anyone to.sell alochol to anyone under age. I never had a dui or any drug charges not my lifestyle. Also if a person has reached their limit i will ca a taxi for them. My cousin died n a dui crash so i take it VERY VERY SERIOUS.

19. Why should the LRB grant the permit?

I love my job they want to promote me to assistant manager. I have changed and everything happens for a reason you have to grow from it. I learned my lesson now i got to move forward in my life and make a better lifestyle for my kids and make them proud of me. I regret my past.but i csnt change it all i can do is be the lady the lord wants me to be im very smart.and great with business mangement. I feel that im a big asset to my job and they want me to Suceed ans become.a manager. I regret my past but o cant let it stop me for wat the.lord.has.n store for me.in the future l. Lost my mom and all my grandparents its just me and my father and i want to make him proud i graduated.h.s. have.3 years.of college just made a wrong decision hanging with the wrong crowd. NOW GOD IS MY BESTFRIEND.DONT NEED ANY FRIENDS.BUT HIM.

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

I read and understood the.alochol laws.which include cut off times.and how to determine a fake i.d.and to card EVERYONE NO EXCEPTATIONS

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APHR_ALCH_WKPERMIT_DENIAL

Page 97 of 181

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

A major inpact the money i spend on probation could be goiong to my kids. I feel that my actions then was selfish and i wasnt thinking my kids need.me and i need them i want to make sure they have the best in life and all want to WORK HARD TO MALE SURE THEY DO. I REALLY NEED MY PERMIT SO I XAN MOVE UP IN THE.COMPANY AND TP FEEL LIKE I ACOMPLISHED SOMETHING ALL THINGS ARE POSSIBLE THRU.CHRIST.

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APHR_ALCH_WKPERMIT_DENIAL

Page 98 of 181

Cobb County County Manager 's Office David Hankerson, County Manager

100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-2600 / fax: (770) 528-2606

TO: Board of Commissioners

FROM: David Hankerson, County Manager

This item has been electronically signed by:David Hankerson, County Manager

DATE: January 28, 2014

PURPOSE To authorize the issuance and advertisement for a Request for Proposals to contract with an outside firm(s) to conduct revenue enhancement auditing services for various county revenue sources and expenditure reduction services in the area of telecommunications and utility costs.

BACKGROUND After discussions with the Chairman, the County Manager initiated discussions on various revenue sources and expenditures in which the County could increase revenues and identify potential cost savings. As a result of numerous discussions with Agency Directors and Department Managers, it was determined that seeking the services of a professional consulting firm would be advantageous to the County. Revenue enhancement is the ability to identify unpaid taxes and/or fees from businesses and individuals discovered to owe revenue to the County by virtue of non-compliance with state and local laws and regulations. Expenditure reduction is the ability to identify overcharges or reduction in costs charged to the County. It is anticipated that these services will be performed on a contingency basis with the consultant only being paid when a refund or savings is identified. The Cobb County Water System is currently utilizing the services of a consultant on a contingency basis to assist in ensuring that users of retail water and sewer services provided by CCWS are properly and equitably billed for such services.

FUNDING N/A

Comm. Dist.

Agenda Item Number. 19

Page 99 of 181

RECOMMENDATION The Board of Commissioners authorize the issuance and advertisement for a Request for Proposals to contract with an outside consulting firm for revenue enhancement and expenditure reductions auditing services.

Agenda Item Number. 19

Page 100 of 181

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

100 Cherokee Street, Suite 450 Marietta, Georgia 30090-7000 (770) 528-2607 / fax: (770) 528-2636

TO: David Hankerson, County Manager

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

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

DATE: January 28, 2014

PURPOSE To adopt a resolution approving the issuance by the Development Authority of Cobb County of its tax-exempt Industrial Development Revenue Bonds for the purpose of assisting Bake One, Inc.

BACKGROUND The Development Authority of Cobb County is considering issuing up to $5,000,000.00 of its tax-exempt Industrial Development Revenue Bonds to finance a capital project consisting of production line equipment to be owned or operated by Bank One, Inc., for use in its food processing facility located at 1200 Wilson Way, Smyrna, Georgia. Section 147(f) of the Internal Revenue Code of 1986, as amended, provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of tax-exempt bonds is located shall approve the issuance of such bonds.

FUNDING N/A

RECOMMENDATION The Board of Commissioners adopt a resolution from the Development Authority of Cobb County approving the issuance of its Industrial Development Revenue Bonds, in a principal amount not to exceed $5,000,000.00, to finance a capital project consisting of production line equipment, and authorize the Chairman to execute the necessary documents.

Comm. Dist.

All

Agenda Item Number. 20

Page 101 of 181

ATTACHMENTSBake One Report of Public Hearing

Bake One Publishers Affidavit with TEFRA notice

Bake One Resolution

Agenda Item Number. 20

Page 102 of 181

Page 103 of 181

Page 104 of 181

16557834v.3

RESOLUTION OF THE BOARD OF COMMISSIONERS OF

COBB COUNTY, GEORGIA APPROVING THE ISSUANCE

BY THE DEVELOPMENT AUTHORITY OF COBB

COUNTY OF ITS INDUSTRIAL DEVELOPMENT

REVENUE BONDS (BAKE ONE, INC. PROJECT), SERIES

2014 TO FINANCE A CAPITAL PROJECT CONSISTING

OF PRODUCTION LINE EQUIPMENT TO BE OWNED OR

OPERATED BY BAKE ONE, INC. FOR USE IN ITS FOOD

PROCESSING FACILITY

WHEREAS, on at least 14 days’ notice published in the Marietta Daily Journal, a public hearing was held in the Media Center at the Cobb County Chamber of Commerce, located at 240 Interstate North Parkway, SE, Atlanta, Georgia 30339, on the 10th day of January, 2014, at 11:00 a.m., concerning a proposed issuance by the Development Authority of Cobb County (the “Authority”) of its Industrial Development Revenue Bonds (Bake One, Inc. Project), Series 2014 (the “Bonds”), in an aggregate principal amount not to exceed $5,000,000. The proceeds of the sale of the Bonds, when and if issued, are to be used to pay or reimburse the costs of a capital project in Cobb County (the “County”) consisting of the acquisition and installation of production line equipment (the “Project”), to be located at 1200 Wilson Way, Smyrna, Georgia 30082. The initial owner or operator of the Project is to be Bake One, Inc., a Georgia corporation (the “Company”), which will use the Project at its food processing facility; and

WHEREAS, the proposed Bonds will not be obligations of the County, or of the State of Georgia or of any county, municipal corporation, or political subdivision of the State of Georgia. The proposed Bonds will not be paid from taxes but will be payable by the Authority solely from amounts to be paid or provided by the Company and no performance audit or performance review shall be conducted with respect to such bond issue; and

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides, in effect, that in order for the interest on the proposed Bonds to be excluded from the holders’ gross incomes for federal income tax purposes, the “public approval” requirements of said section must be complied with; and

WHEREAS, the location of the Project is entirely within the County, and the Board of Commissioners of the County (the “Board”) constitutes the elected legislative body of the County and is a proper body for granting the necessary public approval; and

WHEREAS, the Authority has requested that the Board approve the issuance of the Bonds for the purposes stated above, the nature and location of the Project, and the plan of financing for the Project with the Bonds; and

WHEREAS, the Board finds and determines that it is in the public interest of the County to grant such approval.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Cobb County as follows:

Page 105 of 181

2 16557834v.3

Section 1. The issuance of the Bonds by the Authority for the benefit of the Company in an aggregate principal amount not to exceed $5,000,000 for the above-described purposes, the nature and location of the Project, and the plan of financing for the Project, described above, are hereby approved for purposes of Section 147(f) of the Code.

Section 2. Such approval by the Board does not constitute any representation by the County to the prospective purchasers of the Bonds as to the creditworthiness of the Company or the economic feasibility of the Project nor does it create, either expressly or by implication, any obligation on the part of the County for the payment of the Bonds or debt service thereon, such Bonds and debt service being payable solely from the sources described above.

Section 3. This Resolution shall take effect immediately upon its adoption.

ADOPTED this 28th day of January, 2014.

By:_____________________________________ Chairman of the Board Commissioners of Cobb County, Georgia

ATTEST: ________________________________ Clerk of the Board Commissioners of Cobb County, Georgia

[SEAL]

Page 106 of 181

16557834v.3

CLERK’S CERTIFICATE

I, the undersigned Clerk of the Board of Commissioners of Cobb County, Georgia (the “County”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the approval of the issuance of the Development Authority of Cobb County Industrial Development Revenue Bonds (Bake One, Inc. Project), Series 2014, constitute a true and correct copy of the resolution adopted on January 28, 2014, by the Board of Commissioners of the County at a meeting duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, and that the original of such resolution appears of record in the Minute Book of the County which is in my custody and control.

GIVEN under my hand and the official seal of Cobb County, Georgia, this _____ day of January, 2014.

Clerk of the Board of Commissioners of Cobb County, Georgia

[SEAL]

Page 107 of 181

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

TO: David Hankerson, County Manager

FROM: Kimberly Roberts, Director

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

DATE: January 28, 2014

PURPOSE To authorize the allocation of grant funds from the Georgia Department of Human Services (DHS) under the FY14 Community Services Block Grant Program received from the Georgia Department of Human Services.

BACKGROUND

Each year, Cobb County makes application to the Georgia Department of Human Services (DHS) for Community Services Block Grant (CSBG) Program funds to be used by local service agencies to provide services to eligible Cobb County residents. On September 24, 2013, the County authorized the applications for, and acceptance of, grant funds from DHS under the FY 2014 Community Services Block Grant Program in the amount of $570,351.00. Services provided include employment and training services, GED and literacy programs, housing and shelter for homeless families and individuals, including disabled veterans, health services for homeless clients, and childcare for children of homeless families. Cobb County has received CSBG Program funds since 1988.

Comm. Dist.

All

Agenda Item Number. 21

Page 108 of 181

IMPACT STATEMENT The Georgia Department of Human Services (DHS) provides 100% of the funding for eligible CSBG projects. Local service agencies supplement DHS funds with their own resources. Service agencies are notified that no guarantee is provided regarding future funding. No matching funds are required from the County General Fund.

FUNDING

The following budget appropriations account for the entirety of funds applied for and accepted by the BOC on September 24, 2013 in the amount of $570,351.00.

Transfer from: 220-310-C14Z-6574 Uncommitted $565,909.00

Transfer to: 220-310-C14B-6574 Center for Family Resources $69,196.00

220-310-C14D-6574 Cobb Literacy Council $45,196.00

220-310-C14E-6574 Cobb Senior Services $13,196.00

220-310-C14F-6574 Communities in Schools $34,196.00

220-310-C14G-6574 Community Health Center $33,195.00

220-310-C14L-6574 MUST Ministries $78,196.00

220-310-C14M-6574 The Extension Inc. $70,196.00

220-310-C14N-6574 Hope Atlanta Travelers Aid $13,196.00

220-310-C14P -6574 Turner Hill CDC $38,196.00

220-310-C14S-6574 Marietta Y.E.L.L.S $52,196.00

220-310-C14Q-6574 YWCA of Northwest GA $30,196.00

220-310-C14R-6574 Zion Keepers $23,196.00

220-310-C14A-6302 Audit $4,000.00

220-310-C14A-6312 Program Administration $45,000.00

220-310-C14A-6572 Bank Service Charge $100.00

220-310-C14A-6116 Office Supplies $500.00

220-310-C14A-6416 Travel $1,500.00

220-310-C14A-6312 Database Management & Training $14,400.00

220-310-C14A-6262 Software License Fees $58.00

Total $565,909.00

Transfer from: 220-310-C14A-6581 Cobb County Indirect Costs $1,942.00

Agenda Item Number. 21

Page 109 of 181

Transfer to: 220-310-C14A-6262 Software License $1,942.00

RECOMMENDATION The Board of Commissioners authorize the allocation of grant funds from the Georgia Department of Human Services (DHS) under the FY14 Community Services Block Grant (CSBG) Program; authorize all necessary budget transactions; and further authorize the Chairman to execute all necessary documents.

Agenda Item Number. 21

Page 110 of 181

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

TO: David Hankerson, County Manager

FROM: Kimberly Roberts, Director

This item has been electronically signed by:Kimberly Roberts, Director

DATE: January 28, 2014

PURPOSE To amend the Cobb County Annual Action Plan for Program Year 2011 to reallocate Emergency Solutions Grant funds from Turner Hill Community Development Corporation to The Center for Family Resources and Hope Atlanta Travelers Aid.

BACKGROUND

On October 2, 2013, the Cobb County Community Development Block Grant (CDBG) Program Office received a letter from Turner Hill Community Development Corporation (Turner Hill CDC) rescinding its PY2011 Emergency Solutions Grant (ESG) allocation in the amount of $21,900.00 for homeless prevention activities. Based on their current resources, Turner Hill CDC is unable to utilize this portion of their award. The Center for Family Resources (CFR) and Hope Atlanta Travelers Aid (Travelers Aid) requested funding for homelessness prevention and will be able to spend the funds by the deadline of July 31, 2014. This amendment is classified as substantial and warrants a public meeting and comment period because the funds will be used for a new activity. The public notice was published on Friday, December 20, 2013 and the public meeting was conducted on Tuesday, January 14, 2013. The public comment period ends on Monday, January 20, 2014. Public comments received will be provided under separate cover.

Comm. Dist.

All

Agenda Item Number. 22

Page 111 of 181

IMPACT STATEMENT The ESG Program requires matching funds source. The match requirements are passed on to the local subrecipient agencies. Cobb County will not have to provide General Fund matching resources for these U.S. Department of Housing and Urban Development (HUD) grants. ESG funding for subrecipients are appropriated for one year only, with no guarantee of renewal or additional funding, unless the Board of Commissioners approves pre-awards for longer periods of time.

FUNDING The following budget amendments account for the transfer of ESG funds:

Transfer from:

280-390-ES11-003T-6574-0250 Turner Hill CDC $21,900.00

Transfer to: 280-390-ES11-003T-6574-0222 The Center for Family Resources

$14,900.00

280-390-ES11-003T-6574-0501 Hope Atlanta Travelers Aid $7,000.00

Total $21,900.00

RECOMMENDATION The Board of Commissioners amend the Cobb County Annual Action Plan for Program Year 2011 to reallocate Emergency Solutions Grant funds from Turner Hill Community Development Corporation, in the amount of $21,900.00, to The Center for Family Resources and Hope Atlanta Travelers Aid, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 22

Page 112 of 181

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

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

TO: David Hankerson, County Manager

FROM: James Pehrson, CPA, Director/Comptroller

This item has been electronically signed by:

DATE: January 28, 2014

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

BACKGROUND Georgia Law, O.C.G.A. §36-81-3 (b), requires each unit of local government to operate under an annual balanced budget adopted by ordinance or resolution. Cobb County Code 2-49 provides for revisions to the adopted budget during the year only by formal action of the commission in a regular meeting. In an official opinion date February 24, 1999, the Attorney General of the State of Georgia concluded that all amendments to the budgets of local governments must be adopted by ordinance at each meeting when the amendments are approved by the Board of Commissioners.

FUNDING N/A

RECOMMENDATION The Board of Commissioners adopt a resolution adopting all budget amendments set forth in agenda items on this date.

ATTACHMENTSRESOLUTION

Comm. Dist.

All

Agenda Item Number. 23

Page 113 of 181

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 28th of January 2014

Page 114 of 181

Cobb County Office of the District Attorney Vic Reynolds, District Attorney- Cobb Judicial Circuit

70 Haynes Street Marietta, Georgia 30090 (770) 528-3080 / fax: (770) 528-3030

TO: David Hankerson, County Manager

FROM: Vic Reynolds, District Attorney - Cobb Judicial Circuit

This item has been electronically signed by:Vic Reynolds, District Attorney - Cobb Judicial Circuit

DATE: January 28, 2014

PURPOSE To authorize the District Attorney to hire a contract investigator for the purposes of providing investigative services for the Cold Case Unit and provide funds for said contract employee.

BACKGROUND The District Attorney established a Cold Case Unit in January 2014 for the purposes of investigating aging, unsolved cases to determine the feasibility of further investigation and/or prosecution of such cases. The District Attorney's Office will be the lead legal advisor to this Unit and will provide resources for the daily operations of the Unit. Currently, Cobb County has approximately 100 unsolved murder cases. Working in conjunction with a contract investigator, we believe these cases can be given the time needed for additional investigation that the police departments cannot commit to due to an already overwhelming active investigation caseload.

IMPACT STATEMENT

Prosecution, victim service and support staff resources will be provided by existing personnel in the District Attorney's Office. Additional time and specialty services by a dedicated investigator is needed to further the efforts of the Cold Case Unit. This investigator will be a contract employee paid for services upon submission of invoiced work. Said contract services will be provided at a rate of $29 per hour, 40 hours per week for the time period of February 1, 2014 through September 31, 2014. Should this program be expected to be extended into FY15, the DA office will first seek funding grants from alternative sources of funding; however, if unavailable, the DA will seek incremental funding as part of the FY2015/2016 bi-annual budget process.

Comm. Dist.

All

Agenda Item Number. 24

Page 115 of 181

FUNDING Funding is available with the following budget transfer:

From: 010-015-0145-8820(Undesignated Contingency) $40,600.00

To: 010-170-8750-6326 (Professional Services) $40,600.00

RECOMMENDATION The Board of Commissioners authorize the District Attorney to hire a contract investigator for the purposes of providing investigative services for the Cold Case Unit, appropriate funds for said contract employee, and further authorize the corresponding budget transactions.

Agenda Item Number. 24

Page 116 of 181

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

100 Cherokee Street, Suite 355 Marietta, Georgia 30090-9605 (770) 528-3307 / fax: (770) 528-3325

TO: David Hankerson, County Manager

FROM: Candace Ellison, County Clerk

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

DATE: January 28, 2014

PURPOSE To approve the minutes of the following meetings: January 13, 2014 - Special Called Meeting/Agenda Work Session January 14, 2014 - Regular Meeting of the Board January 21, 2014 - BOC Comp Plan Hearing (provided under separate cover)

FUNDING N/A

ATTACHMENTSAgenda Work Session minutes

Regular Meeting minutes

Comm. Dist.

All

Agenda Item Number. 25

Page 117 of 181

MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 13, 2014

10:00 A.M.

Upon notice duly advertised, the Cobb County Board of Commissioners attended

a Special Called Meeting/Agenda Work Session on Monday, January 13, 2014 which

began at 10:09 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 January 14, 2014 agenda. Present and comprising a quorum of the Board

were:

Chairman Tim Lee

Commissioner JoAnn Birrell

Commissioner Lisa Cupid

Commissioner Helen Goreham

Commissioner Bob Ott

No official action was taken by the Board.

ADJOURNMENT

The discussion concluded at 10:16 a.m.

_____________________________________

Karen L. King

Assistant County Clerk

Cobb County Board of Commissioners

Page 118 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

9:00 A.M.

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

Tuesday, January 14, 2014 at 9:00 a.m. in the second floor public meeting room in the

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

Board were:

Commissioner JoAnn Birrell

Commissioner Lisa Cupid

Commissioner Helen Goreham

Commissioner Bob Ott, Vice Chairman

Not Present: Chairman Tim Lee

1. CALL TO ORDER – VICE CHAIRMAN OTT

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

2. PRESENTATION OF THE FY13 YEAR-END RESULTS AT THE FUND

LEVEL FROM THE AUDITED COMPREHENSIVE ANNUAL REPORT

Mr. Jim Pehrson, Finance Director/Comptroller, presented information regarding

the FY13 year-end results at the fund level, from the audited Comprehensive Annual

Financial Report (CAFR). A copy of the information presented is attached and made a

part of these minutes.

3. PUBLIC COMMENT – MR. BEN WILLIAMS

Mr. Ben Williams addressed the Board regarding a letter from the Citizens for

Governmental Transparency regarding the Braves’ move to Cobb County.

4. AUTHORIZATION TO ADD THE FOLLOWING NON-AGENDA ITEM

TO THIS AGENDA FOR CONSIDERATION

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

following non-agenda item to this agenda for consideration:

TAB 3, ITEM 23 – CONSENT – To authorize the settlement of a workers’

compensation claim on behalf of Tim Smith.

VOTE: ADOPTED 4-0, Chairman Lee absent

Page 119 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 2

5. CONSENT AGENDA

MOTION: Motion by Birrell, second by Cupid, to approve the following items

on the Consent Agenda, as revised and with the following addition, and authorize

the appropriate County personnel to execute the necessary documents:

Consent Item No. 22 – Approval of Minutes – Board of Commissioners Zoning

Hearing Minutes of December 17, 2013, page 13, O.B. 5, revise to include the

following phrase at the end of the second bullet:

• said site plan dated December 18, 2013 titled Spring Hill Parkway

Tract II is attached and made a part of these minutes

WATER SYSTEM AGENCY

Engineering

5A. APPROVAL OF CONTRACT WITH RAY CAMPBELL

CONTRACTING CO., INC. FOR THE FRASER ROAD AREA

WATER MAIN REPLACEMENT – WATER SYSTEM

To approve a construction contract with Ray Campbell Contracting Co.,

Inc., in the amount of $934,890.00, for Fraser Road Area Water Main

Replacement, Program No. W2257, authorize the corresponding budget

transactions, and further authorize the Chairman to execute the necessary

documents.

Funding is available in the Water System’s Fraser Road Area Water Main

Replacement, Adopted CIP Budget for Fund 510, Department 500, Unit

5754, Program No. W2257.

Transfer from:

Fraser Road Area Water Main Replacement

Preliminary Estimates 510-500-5754-8005 W2257-Z $968,590.00

Transfer to:

Fraser Road Area Water Main Replacement

Construction 510-500-5754-8260 W2257-C $934,890.00

Interest Expense on Retainage

510-500-5754-6613 W2257-A $ 4,700.00

Materials & Supplies

510-500-5754-8265 W2257-M $ 10,000.00

Contingency

510-500-5754-8810 W2257-T $ 19,000.00

Total $968,590.00

5B. APPROVAL OF ADDITION OF GARNEY COMPANIES, INC. TO

THE LIST OF PREQUALIFIED CONTRACTORS FOR WATER

AND SEWER LINE INSTALLATION – WATER SYSTEM

To approve the addition of Garney Companies, Inc. to the Water

System’s List of Prequalified Contractors.

Page 120 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 3

5. CONSENT AGENDA (CONT.)

TRANSPORTATION AGENCY

Administration

5C. 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 CEDARCREST

ROAD - 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 Cedarcrest Road, State Project No. CSHPP-

0007-00(529), State P. I. No. 0007529, Cobb County Project No. D4070;

adopt a Resolution and Order; and further authorize the Chairman to

execute the necessary documents.

Parcel No. 24

Unknown property owner 9,311.81 sq. ft. fee simple right-of-way

2,536.30 sq. ft. perm. construction easement

Planning

5D. APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE

ATLANTA REGIONAL COMMISSION REGARDING

MEMBERSHIP ON THE REGIONAL TRANSIT COMMITTEE -

TRANSPORTATION

To approve a Memorandum of Agreement (MOA) with the Atlanta

Regional Commission (ARC) regarding membership on the Regional

Transit Committee (RTC) for calendar years 2014-2016, as approved by

the County Attorney’s Office; and authorize the Chairman to execute the

necessary documents.

5E. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT A

PUBLIC HEARING TO SECURE TRANSPORTATION

PLANNING SERVICES FOR DEVELOPMENT OF A

CUMBERLAND-GALLERIA CIRCULATOR IMPLEMENTATION

PLAN, AND AUTHORIZATION TO ISSUE A REQUEST FOR

PROPOSALS FOR THE TRANSPORTATION PLANNING

SERVICES - TRANSPORTATION

To authorize advertisement for and conduct of a public hearing to secure

transportation planning services for development of a Cumberland-

Galleria circulator implementation plan, and further authorize issuance

of a Request for Proposals in accordance with Selection Process 1

(Competitive Negotiations).

Page 121 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 4

5. CONSENT AGENDA (CONT.)

PUBLIC SERVICES AGENCY

Elections and Registration

5F. ADOPTION OF RESOLUTION TO SET THE QUALIFYING FEES

FOR EACH COUNTY OFFICE TO BE FILLED IN 2014 AND

AUTHORIZATION FOR THE DIRECTOR OF ELECTIONS TO

PUBLISH SUCH FEES IN THE LEGAL ORGAN PRIOR TO

FEBRUARY 1, 2014 – ELECTIONS AND REGISTRATION

To adopt a resolution to set the qualifying fees for each county office to

be filled in 2014, and authorize the Director of Elections to publish said

fees in the legal organ prior to February 1, 2014. A copy of the resolution

is attached and made a part of these minutes.

Funding: No funding is required for fixing the qualifying fee, only for the

advertisement in the county legal organ.

Library System

5G. AUTHORIZATION TO EXPAND SERVICE HOURS AT ALL

LOCATIONS OF THE COBB COUNTY PUBLIC LIBRARY

SYSTEM, EFFECTIVE JANUARY 6, 2014 – LIBRARY SYSTEM

To authorize the expansion of service hours at all locations of the Cobb

County Public Library System beginning January 6, 2014. A copy of the

library branch schedule is attached and made a part of these minutes

SUPPORT SERVICES AGENCY

Property Management

5H. AUTHORIZATION TO RENOVATE THE COBB COMMUNITY

TRANSIT COMPLEX LOCATED ON COMMERCE PARK DRIVE

– PROPERTY MANAGEMENT

To authorize renovations at the Cobb Community Transit Complex

located on Commerce Park Drive, in an amount not to exceed $60,000.00,

and further authorize the corresponding budget transactions.

Funding: Available in the FY14 approved Transit Capital Projects Fund

budget with the following budget transfers:

Transfer from: 202-050-4826-8005 $60,000.00

Transfer to: 202-050-4826-6148 $ 1,285.64

202-050-4826-6258 $ 1,770.00

202-050-4826-6326 $ 1,289.23

202-050-4826-8110 $39,250.13

202-050-4826-8481 $16,405.00

Page 122 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 5

5. CONSENT AGENDA (CONT.)

SUPPORT SERVICES AGENCY (CONT.)

Property Management (cont.)

5I. APPROVAL OF CONTRACT WITH ICS CONTRACTING FOR

CUSTODIAL SERVICES AT THE EMPLOYEE CLINIC –

PROPERTY MANAGEMENT

To approve a contract with ICS Contracting, in the amount of $5,800.00,

for the remainder of fiscal year 2014 for custodial services at the employee

clinic, located at 1150 Powder Springs Street, Marietta; and authorize the

corresponding budget transactions.

Funding is available with the following budget transactions that transfer

funding from the Health Claims Fund to the General Fund's Custodial

Services:

Appropriate (increase) Health Claims Fund's Fund Balance Revenue

700-095-8012-4980 $5,800.00

Appropriate (increase) Health Claims Fund's Transfers-out Expenditure

700-095-8012-6594 $5,800.00

Increase Property Management's Transfers-in Revenue

010-110-3640-4960 $5,800.00

Increase Property Management's Custodial Services (Annual

Maintenance) Expenditure

010-110-3640-6491 $5,800.00

PUBLIC SAFETY AGENCY

Fire and Emergency Services

5J. AUTHORIZATION TO ACCEPT FY13 HOMELAND SECURITY

FUNDS PASSED THROUGH THE GEORGIA EMERGENCY

MANAGEMENT AGENCY/HOMELAND SECURITY FOR

CONTINUED ENHANCEMENT OF THE SEARCH AND RESCUE

TEAM – FIRE AND EMERGENCY SERVICES

To authorize the acceptance of FY13 Homeland Security funds passed

through the Georgia Emergency Management Agency (GEMA), in the

amount of $19,320.00, for continued enhancement of the Search and

Rescue Team, authorize the corresponding budget transactions, and

further authorize the Chairman to execute the necessary documents.

Funding: There is no local match requirement. Pursuant to the ongoing

agreement approved by the Board of Commissioners to provide regional

search and rescue response upon request.

Increase revenue: 270-130-G281-4493(GEMA) $19,320.00

Increase expense: 270-130-G281-6207(Safety Supplies) $19,320.00

Page 123 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 6

5. CONSENT AGENDA (CONT.)

PUBLIC SAFETY AGENCY (CONT.)

911 Emergency

5K. APPROVAL OF LICENSE AGREEMENT BETWEEN COBB

COUNTY AND COBB ELECTRIC MEMBERSHIP

CORPORATION – 911 EMERGENCY

To approve the license agreement with Cobb Electrical Membership

Corporation, authorize the corresponding budget transactions to include

all subsequent on-going revenues with the corresponding expense as the

revenue is received, and further authorize the Chairman to execute the

necessary documents.

Funding will be appropriated as received as follows:

Increase revenue:

Rental - Real Estate/Equipment 010-130-1900-4870

Increase expense:

Standard Reserve Contingency 010-130-1900-8818

COMMUNITY DEVELOPMENT AGENCY

Administration

5L. AUTHORIZATION TO CREATE A NEW DEPUTY DIRECTOR

POSITION WITHIN THE COMMUNITY DEVELOPMENT

AGENCY AND APPROVAL OF OPERATING BUDGET TO

SUPPORT THE POSITION – COMMUNITY DEVELOPMENT

To authorize the creation of a new Deputy Director position, grade 64

within the Community Development Agency, effective January 5, 2014, to

facilitate additional responsibilities, workload, and duties; approve the

operating budget to support the position; and further authorize the

corresponding budget transfers.

Funding is available in FY 2014 with the following budget transfer:

Transfer from:

010-015-0145-8820 (Undesignated Contingency) $95,130.28

Transfer to:

010-030-0310-6012 (Salary) $71,696.90

010-030-0310-6032 (Disability) $ 258.11

010-030-0310-6034 (FICA) $ 5,484.81

010-030-0310-6036 (Medical) $ 4,440.06

010-030-0310-6038 (Life Insurance) $ 286.79

010-030-0310-6044 (Retirement) $11,743.95

010-030-0310-6052 (Worker’s Comp) $ 940.66

010-030-0310-6054 (Dental) $ 279.00

Page 124 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 7

5. CONSENT AGENDA (CONT.)

COMMUNITY DEVELOPMENT AGENCY (CONT.)

Planning Division

5M. ADOPTION OF ANNEXATION RESPONSE PER HB489

INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING

1.6 ACRES AND 2.2 ACRES LAND USE KNOWN AS 1514, 1401

AND 1445 PEBBLEBROOK ROAD FOR THE CITY OF SMYRNA -

PLANNING

To adopt response per HB489 Intergovernmental Agreement and HB2

regarding 1.6 acres land use known as Parcel No. 17054300020 of Land

Lot 543 District 17th, 2nd Section, known as 1514 Pebblebrook Road, and

also 2.2 acres Parcels No. 17053400070 and 17054300060 of Land Lot

542 and 543 District 17th, 2nd Section, 1401 and 1445 Pebblebrook Road

for the City of Smyrna. A copy of said response is attached and made a

part of these minutes.

5N. ADOPTION OF ANNEXATION RESPONSE PER HB489

INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING

83.2 AND 2.64 ACRES LAND USE KNOWN AS 1650 COBB

PARKWAY FOR THE CITY OF KENNESAW - PLANNING

To adopt response per HB489 Intergovernmental Agreement and HB2

regarding 83.2 and 2.64 acres land use known as Parcels 6 and 487 of

Land Lots 207, 280, 211 and 212 District 20th, 2nd Section, known as

1650 Cobb Parkway for the City of Kennesaw. A copy of said response is

attached and made a part of these minutes.

5O. ADOPTION OF RESOLUTION AUTHORIZING THE

SUBMITTAL OF AN APPLICATION ON BEHALF OF THE

VININGS HISTORIC PRESERVATION SOCIETY TO THE

DEPARTMENT OF NATURAL RESOURCES’ HISTORIC

PRESERVATION DIVISION 2014 HISTORIC PRESERVATION

FUND GRANT TO STABILIZE AND REPAIR THE FOUNDATION

OF THE CIRCA 1870 SOLOMON AND PENELOPY PACE HOUSE

LOCATED IN VININGS - PLANNING

To adopt a resolution authorizing the submittal of an application on behalf

of the Vinings Historic Preservation Society to the Department of Natural

Resources’ Historic Preservation Division 2014 Historic Preservation

Fund Grant for the purpose of stabilization and repair of the foundation of

the circa 1870 Solomon and Penelopy Pace House located in Vinings; and

authorize the Chairman to execute the necessary documents. A copy of

the resolution is attached and made a part of these minutes.

Page 125 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 8

5. CONSENT AGENDA (CONT.)

COMMUNITY DEVELOPMENT AGENCY (CONT.)

Business License Division

5P AFFIRMATION OF DECISION BY THE LICENSE REVIEW

BOARD REGARDING THE ISSUANCE OF AN ALCOHOL

PERMIT FOR MARK STANGA - BUSINESS LICENSE DIVISION

To affirm the December 19, 2013 decision by the License Review Board

to recommend approval of the alcohol permit for Mark Stanga.

5Q. AFFIRMATION OF DECISION BY THE LICENSE REVIEW

BOARD REGARDING 168 OEC STEAKHOUSE, INC., D/B/A 168

OEC STEAKHOUSE, INC., D/B/A MUSASHI STEAK AND SUSHI

HOUSE, QUN LIN, LICENSEE - BUSINESS LICENSE DIVISION

To affirm the December 19, 2013 decision by the License Review Board

to recommend approval of the beer, wine, and Sunday sales pouring

license for 168 OEC Steakhouse, Inc., d/b/a, Musashi Steak and Sushi

House, 1690 Powder Springs Road, Marietta, Georgia, 30064, Qun Lin,

licensee.

HUMAN RESOURCES

5R. APPROVAL OF COMPENSATION POLICY FOR THE

ASSOCIATE JUDGE OF PROBATE COURT – HUMAN

RESOURCES – HUMAN RESOURCES

To approve a compensation policy for the Associate Judge of Probate

Court at 75% of the salary of the Probate Judge. A copy of the policy is

attached and made a part of these minutes.

5S. AUTHORIZATION TO CREATE AND FUND ONE HUMAN

RESOURCES COORDINATOR POSITION IN THE HUMAN

RESOURCES DEPARTMENT – HUMAN RESOURCES

To authorize the creation and funding for one Human Resources

Coordinator position, Grade 51, in the Human Resources Department, and

further authorize the corresponding budget transfers.

Funding: The full-year cost of this new position is $93,424.22. The future

funding for this new position will be included in the FY 2015

Recommended Budget and beyond.

FY14 funding is available with the following transfer:

Transfer from:

010-015-0145-8820 (GF Undesignated Contingency) $63,719.53

Transfer to:

010-095-2600-6012 (Salary) $41,184.00

010-095-2600-6032 (Disability) $ 148.26

010-095-2600-6034 (FICA) $ 3,150.58

010-095-2600-6036 (Medical) $11,506.68

010-095-2600-6038 (Life Insurance) $ 164.74

010-095-2600-6044 (Retirement) $ 6,745.94

010-095-2600-6052 (Worker’s Comp) $ 540.33

010-095-2600-6054 (Dental) $ 279.00

Page 126 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 9

5. CONSENT AGENDA (CONT.)

FINANCE

5T. 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.

5U. APPROVAL OF ADDITIONAL RECOMMENDED COUNTY

RESERVES AND AUTHORIZATION TO APPROPRIATE

APPROVED RESERVE FUNDS INTO THE FY14 BUDGET -

FINANCE

To approve additional county reserves as recommended, authorize the

appropriation of the approved reserve funds into the FY14 budget, and

further authorize the corresponding budget transactions.

Funding: Below are additional county wide General Fund reserve requests

into FY14.

South Cobb Redevelopment Authority-Operating $ 18,300.00

Marietta Tax Allocation District (TAD) Number Three $ 122,920.00

Solid Waste Post Closure Study $ 50,000.00

Solid Waste Post Closure – Methane Gas Remediation $ 250,000.00

Prior Year Tax Collections above the 95% Collection Rate $3,842,708.00

Total $4,283,928.00

Increase revenue:

010-015-0145-4980 (Fund Balance) $4,283,928.00

Increase expenditure:

010-015-0145-8852 (Fund Balance Reserve) $4,283,928.00

COUNTY CLERK

5V. APPROVAL OF MINUTES – COUNTY CLERK

To approve the minutes of the following meetings:

December 17, 2013 - BOC Zoning Hearing

December 19, 2013 – Special Called Meeting/Agenda Work Session

December 19, 2013 - Regular Meeting of the Board

Page 127 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 10

5. CONSENT AGENDA (CONT.)

HUMAN RESOURCES

5W. APPROVAL OF SETTLEMENT OF WORKERS’

COMPENSATION CLAIM ON BEHALF OF TIM SMITH –

HUMAN RESOURCES

To approve the settlement of the workers’ compensation claim for Tim

Smith, SBWC# 2013-087454, in the amount of $140,000.00, with no open

medical, and authorize the Human Resources Director and the Workers’

Compensation Administrator to execute the necessary documents.

Funding: Available in the Workers’ Compensation Claims Fund

CONSENT VOTE: ADOPTED 4-0, Chairman Lee absent

6. TRANSPORTATION AGENCY

Engineering

6A. APPROVAL OF CONSULTING SERVICES AGREEMENT WITH

MICHAEL BAKER JR., INC., TO COMPLETE THE DESIGN OF

INTERSECTION SAFETY AND OPERATIONAL

IMPROVEMENTS ON JOHNSON FERRY ROAD AT SEWELL

MILL ROAD - TRANSPORTATION

MOTION: Motion by Ott, second by Birrell, to approve a Consulting

Services Agreement with Michael Baker Jr., Inc., in an amount not to

exceed $87,201.00, to complete the design of intersection safety and

operational improvements on Johnson Ferry Road at Sewell Mill Road,

Project No. D3220, MIS Contract No. 000766; authorize the

corresponding budget transactions; and further authorize the Chairman

to execute the necessary documents.

Funding: Available in the 2005 SPLOST Transportation Improvements

Program Fund with the following budget transfer:

Transfer from: 340-050-7503-D322-8721-D3220-E $55,169.19

340-050-7503-D322-8761-D3220-C $32,031.81

Transfer to: 340-050-7503-D322-8722-D3220-E $87,201.00

VOTE: ADOPTED 4-0, Chairman Lee absent

6B. APPROVAL OF CONTRACT WITH LEWALLEN

CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF

SILVER COMET TRAIL PEDESTRIAN BRIDGES -

TRANSPORTATION

MOTION: Motion by Cupid, second by Ott, to approve a contract with

Lewallen Construction Company, Inc., in an amount not to exceed

$398,000.00, for construction of Silver Comet Trail Pedestrian Bridges,

Project No. E1160, MIS Contract No. 000031; authorize the

corresponding budget transactions; and further authorize the Chairman

to execute the necessary documents.

Page 128 of 181

MINUTES OF REGULAR MEETING

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JANUARY 14, 2014

PAGE 11

6. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

6B. APPROVAL OF CONTRACT WITH LEWALLEN

CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF

SILVER COMET TRAIL PEDESTRIAN BRIDGES –

TRANSPORTATION (CONT.)

Funding: Available in the 2011 SPLOST Transportation Improvements

Program Fund with the following budget transfers:

Transfer from: 345-050-E001-E116-8761-E1160-C $300,000.00

345-050-E001-E117-8761-E1170-C $ 98,000.00

Transfer to: 345-050-E001-E116-8762-E1160-C $398,000.00

VOTE: ADOPTED 4-0, Chairman Lee absent

6C. APPROVAL OF CONTRACT WITH CHATFIELD

CONTRACTING COMPANY, INC., FOR DRAINAGE SYSTEM

IMPROVEMENTS ALONG SILVER COMET TRAIL -

TRANSPORTATION

MOTION: Motion by Cupid, second by Ott, to approve a contract with

Chatfield Contracting Company, Inc., in an amount not to exceed

$225,100.00, for drainage system improvements along Silver Comet Trail,

Project No. E2040, MIS Contract No. 000689; authorize the

corresponding budget transaction; and further authorize the Chairman to

execute the necessary documents.

Funding: Available in the 2011 SPLOST Transportation Improvements

Program Fund with the following budget transfer:

Transfer from: 345-050-E002-E204-8761-E2040-C $225,100.00

Transfer to: 345-050-E002-E204-8762-E2040-C $225,100.00

VOTE: ADOPTED 4-0, Chairman Lee absent

6D. APPROVAL OF RESURFACING CONTRACT 2014-1

COUNTYWIDE MAJOR THOROUGHFARES (LOCAL

MAINTENANCE IMPROVEMENT GRANT) WITH BALDWIN

PAVING COMPANY, INC., FOR THE RESURFACING OF

COUNTY-MAINTAINED STREETS - TRANSPORTATION

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

Resurfacing Contract 2014-1 Countywide Major Thoroughfares (Local

Maintenance Improvement Grant) with Baldwin Paving Company, Inc., in

an amount not to exceed $10,887,950.51, for the resurfacing of County-

maintained streets, Project No. E9130, MIS Contract No. 000756;

authorize the corresponding budget transactions; and further authorize

the Chairman to execute the necessary documents.

Page 129 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 12

6. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

6D. APPROVAL OF RESURFACING CONTRACT 2014-1

COUNTYWIDE MAJOR THOROUGHFARES (LOCAL

MAINTENANCE IMPROVEMENT GRANT) WITH BALDWIN

PAVING COMPANY, INC., FOR THE RESURFACING OF

COUNTY-MAINTAINED STREETS – TRANSPORTATION

(CONT.)

Funding: Available in the 2011 SPLOST Transportation Improvements

Program (TIP) Fund with the following budget transfers:

Transfer from: 345-050-E009-E913-8761-E9130-C $ 8,999,000.00

345-050-E009-E922-8761-E9220-C $ 1,877,149.96

Transfer to: 345-050-E009-E913-8762-E9130-C $10,876,149.96

Available in the Water System's SPLOST Project-Relocate Lines Adopted

CIP Budget with the following budget transfers:

Transfer from:

SPLOST Projects - Relocate Lines

Preliminary Estimates

510-500-5756-8005-W4069-Z $ 12,090.55

Transfer to:

Floyd Road Turn Lane at East/West Connector Construction

510-500-5756-8260-W4303-C $ 11,800.55

Interest Expense on Retainage

510-500-5756-6613-W4303-A $ 60.00

Contingency

510-500-5756-8810-W4303-T $ 230.00

Total $ 12,090.55

VOTE: ADOPTED 4-0, Chairman Lee absent

6E. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE

CONTRACT WITH R. K. SHAH AND ASSOCIATES, INC., TO

COMPLETE DESIGN OF ROADWAY SAFETY AND

OPERATIONAL IMPROVEMENTS ON LOWER ROSWELL

ROAD (WEST) - TRANSPORTATION

MOTION: Motion by Ott, second by Cupid, to approve Supplemental

Agreement No. 1 to the contract with R. K. Shah and Associates, Inc., in

an amount not to exceed $70,794.78, to complete the design of roadway

safety and operational improvements on Lower Roswell Road (West),

Project No. D6130, MIS Contract No. 000106; authorize the

corresponding budget transaction; and further authorize the Chairman to

execute the necessary documents.

Page 130 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 13

6. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

6E. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE

CONTRACT WITH R. K. SHAH AND ASSOCIATES, INC., TO

COMPLETE DESIGN OF ROADWAY SAFETY AND

OPERATIONAL IMPROVEMENTS ON LOWER ROSWELL

ROAD (WEST) – TRANSPORTATION (CONT.)

Funding: Available in the 2005 SPLOST Transportation Improvements

Program Fund with the following budget transfer:

Transfer from: 340-050-7506-D613-8721-D6130-E $70,794.78

Transfer to: 340-050-7506-D613-8722-D6130-E $70,794.78

Increase GAE 340081407423:

340-050-7506-D613-8722-D6130E $70,794.78

VOTE: ADOPTED 4-0, Chairman Lee absent

6F. WITHDRAWAL OF REQUEST FOR APPROVAL OF

SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT

WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR

ENGINEERING DESIGN OF ROADWAY SAFETY AND

OPERATIONAL IMPROVEMENTS ON SIX FLAGS DRIVE

(PHASE 1) AND SIX FLAGS DRIVE (PHASE 2) -

TRANSPORTATION

This agenda item was withdrawn from this agenda and was not

considered at this meeting.

6G. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH CMES, INC., FOR SIDEWALK

CONSTRUCTION ON SIX FLAGS DRIVE - TRANSPORTATION

MOTION: Motion by Cupid, second by Birrell, to approve Change Order

No. 1 (final) to the contract with CMES, Inc., a savings to the project in

the amount of $207,168.72, for sidewalk construction on Six Flags Drive,

State Project No. CSTEE-0008-00(104), State P. I. No. 0008104, Cobb

County Project No. D7030, MIS Contract No. 000478; authorize the

corresponding budget transactions; and further authorize the Chairman

to execute the necessary documents.

Funding: A savings to the 2005 SPLOST Transportation Improvements

Program Fund.

Decrease GAE 340032712601:

340-050-7507-D703-8762-D7030-C $153,214.17

Decrease appropriation of revenue from Georgia Department of

Transportation Contract CSTEE-0008-00(104), as follows:

Decrease Revenue Appropriation:

340-050-7507-D703-4466-D7030-C $111,483.35

Decrease Expenditure Appropriation:

340-050-7507-D703-8762-D7030-C $111,483.35

Page 131 of 181

MINUTES OF REGULAR MEETING

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JANUARY 14, 2014

PAGE 14

6. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

6G. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH CMES, INC., FOR SIDEWALK

CONSTRUCTION ON SIX FLAGS DRIVE - TRANSPORTATION

A savings to the Water System’s SPLOST Projects-Relocate Lines

Adopted CIP Budget with the following budget transfers:

Decrease GAE 510032712601:

510-500-5756-8260-W4133-C $ 53,954.55

Transfer from:

Six Flags Drive Sidewalk

Construction 510-500-5756-8260-W4133-C $ 53,954.55

Transfer to:

SPLOST Projects-Relocate Lines

Preliminary Estimates 510-500-5756-8005-W4069-Z $ 53,954.55

VOTE: ADOPTED 4-0, Chairman Lee absent

6H. APPROVAL OF CHANGE ORDER NO. 2 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 Change Order

No. 2, a no-cost time extension, to the contract with CMES, Inc., for

roadway safety and operational improvements on Lower Roswell Road

(East), Project No. D6140, MIS Contract No. 000484; and authorize the

Chairman to execute the necessary documents.

VOTE: ADOPTED 4-0, Chairman Lee absent

6I. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH W. E. CONTRACTING COMPANY, INC.,

FOR DRAINAGE SYSTEM REPAIRS ON HUNTING CREEK

DRIVE - TRANSPORTATION

MOTION: Motion by Ott, second by Cupid, to approve Change Order

No. 1 (final) to the contract with W. E. Contracting Company, Inc., a

savings to the project in the amount of $12,319.30, for drainage system

repairs on Hunting Creek Drive, Project No. E2440, MIS Contract No.

000739; and authorize the Chairman to execute the necessary documents.

Funding: A savings to the 2011 SPLOST Transportation Improvements

Program Fund.

Decrease GAE 345081313402:

345-050-E002-E244-8762-E2440-C $12,319.30

VOTE: ADOPTED 4-0, Chairman Lee absent

Page 132 of 181

MINUTES OF REGULAR MEETING

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JANUARY 14, 2014

PAGE 15

6. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

6J. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH D&H CONSTRUCTION COMPANY, INC.,

FOR IMPROVEMENTS ON JOHN WARD ROAD SIDEWALK,

PHASE 2 - TRANSPORTATION

MOTION: Motion by Goreham, second by Cupid, to approve Change

Order No. 1 (final) to the contract with D&H Construction Company, Inc.,

a savings to the project in the amount of $122,341.67, for improvements

on John Ward Road Sidewalk, Phase 2, Project No. E7180, MIS Contract

No. 000639; authorize the corresponding budget transactions; and

further authorize the Chairman to execute the necessary documents.

Funding: A savings to the 2011 SPLOST Transportation Improvements

Program Fund.

Decrease GAE 345051413404:

345-050-E007-E718-8762-E7180-C $85,274.92

A savings to the Water System’s SPLOST Projects-Relocate Lines

Adopted CIP Budget with the following budget transfers:

Decrease GAE 510051413404:

510-500-5756-8260-W4285-C $37,066.75

Transfer from:

John Ward Road Sidewalk

Construction 510-500-5756-8260-W4285-C $37,066.75

Transfer to:

SPLOST Projects-Relocate Lines Preliminary Estimates

510-500-5756-8005-W4069-Z $37,066.75

VOTE: ADOPTED 4-0, Chairman Lee absent

6K. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH SUMMIT CONSTRUCTION AND

DEVELOPMENT, LLC, FOR SCHOOL ZONE SAFETY AND

OPERATIONAL IMPROVEMENTS ON CHURCH STREET AT

MABLETON ELEMENTARY SCHOOL - TRANSPORTATION

MOTION: Motion by Cupid, second by Goreham, to approve Change

Order No. 1 (final) to the contract with Summit Construction and

Development, LLC, a savings to the project in the amount of $38,336.24,

for school zone safety and operational improvements on Church Street at

Mableton Elementary School, Project No. E8010, MIS Contract No.

000640; authorize the corresponding budget transactions; and further

authorize the Chairman to execute the necessary documents.

Funding: A savings to the 2011 SPLOST Transportation Improvements

Program Fund.

Decrease GAE 345042313704:

345-050-E008-E801-8762-E8010-C $33,502.89

Page 133 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 16

6. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

6K. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH SUMMIT CONSTRUCTION AND

DEVELOPMENT, LLC, FOR SCHOOL ZONE SAFETY AND

OPERATIONAL IMPROVEMENTS ON CHURCH STREET AT

MABLETON ELEMENTARY SCHOOL – TRANSPORTATION

(CONT.)

A savings to the Water System’s SPLOST Projects-Relocate Lines

Adopted CIP Budget with the following budget transfers:

Decrease GAE 510042313704:

510-500-5756-8260-W4284-C $ 4,833.35

Transfer from:

Church Street at Mableton Elementary School

Construction 510-500-5756-8260-W4284-C $ 4,833.35

Transfer to:

SPLOST Projects-Relocate Lines

Preliminary Estimates 510-500-5756-8005-W4069-Z $ 4,833.35

VOTE: ADOPTED 4-0, Chairman Lee absent

6L. APPROVAL OF PROJECT NO. E4090-TO#01 TO THE 2012

MASTER TASK ORDER CONTRACT WITH GRESHAM, SMITH

AND PARTNERS FOR A CONCEPT CORRIDOR STUDY FOR

WINDY HILL ROAD/TERRELL MILL ROAD CONNECTOR -

TRANSPORTATION

MOTION: Motion by Ott, second by Goreham, to approve Project No.

E4090-TO#01 to the 2012 Master Task Order Contract with Gresham,

Smith and Partners, in an amount not to exceed $49,884.00, for a concept

corridor study for Windy Hill Road/Terrell Mill Road Connector, MIS

Contract No. 000565; 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-E004-E409-8721-E4090-E $49,884.00

Transfer to: 345-050-E004-E409-8722-E4090-E $49,884.00

VOTE: ADOPTED 4-0, Chairman Lee absent

Page 134 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 17

6. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

6M. AUTHORIZATION TO PAY THE U. S. ARMY CORPS OF

ENGINEERS FOR PLAN REVIEW OF THE BRIDGE

REPLACEMENT ON OLD STILESBORO ROAD OVER LITTLE

ALLATOONA CREEK - TRANSPORTATION

MOTION: Motion by Goreham, second by Cupid, to authorize payment

to the U. S. Army Corps of Engineers (USACE), in an amount not to

exceed $5,000.00, for plan review of the bridge replacement on Old

Stilesboro Road over Little Allatoona Creek, Project No. E1060; and

further authorize the corresponding budget transaction.

Funding: Available in the 2011 SPLOST Transportation Improvements

Program Fund with the following budget transfer:

Transfer from: 345-050-E001-E106-8721-E1060-E $5,000.00

Transfer to: 345-050-E001-E106-8722-E1060-E $5,000.00

VOTE: ADOPTED 4-0, Chairman Lee absent

Road Maintenance

6N. AUTHORIZATION TO PROCURE A WALK-BEHIND

CONCRETE FLOOR SAW TO BE UTILIZED BY THE

DEPARTMENT OF TRANSPORTATION 2011 SPLOST

TRANSPORTATION IMPROVEMENTS PROGRAM SIDEWALK,

DRAINAGE, AND BRIDGE CREW - TRANSPORTATION

MOTION: Motion by Goreham, second by Cupid, to authorize

procurement of a walk-behind concrete floor saw, in an amount not to

exceed $14,559.00, to be utilized by the Department of Transportation

2011 SPLOST Transportation Improvements Program Sidewalk, Drainage

and Bridge Crew.

Funding: Available in the 2011 SPLOST Transportation Improvements

Program Fund as follows:

345-050-E007-E700-8776-E7000-P $14,559.00

VOTE: ADOPTED 4-0, Chairman Lee absent

Page 135 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 18

6. TRANSPORTATION AGENCY (CONT.)

Planning

6O. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE

CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC.,

FOR ADDITIONAL SERVICES NECESSARY TO COMPLETE

THE ENVIRONMENTAL ASSESSMENT/ENVIRONMENTAL

IMPACT STATEMENT DOCUMENTATION FOR A POTENTIAL

MAJOR TRANSPORTATION INVESTMENT IN THE

NORTHWEST CORRIDOR - TRANSPORTATION

MOTION: Motion by Cupid, second by Goreham, to approve

Supplemental Agreement No. 1 to the contract with Kimley-Horn and

Associates, Inc., in an amount not to exceed $295,000.00, for additional

services necessary to complete the Environmental

Assessment/Environmental Impact Statement documentation for a

potential major transportation investment in the Northwest Corridor,

Project No. E10E0, MIS Contract No. 000584; and authorize the

Chairman to execute the necessary documents as approved by the County

Attorney's Office.

Funding: Available in the 2011 SPLOST Transportation Improvements

Program Fund as follows:

340-050-E010-E10E-8722-E10E0-E $295,000.00

VOTE: ADOPTED 4-0, Chairman Lee absent

7. PUBLIC SERVICES AGENCY

Parks, Recreation, and Cultural Affairs

7A. APPROVAL OF CONTRACT WITH AQUA UNDERGROUND,

INC. FOR CONSTRUCTION SERVICES RELATED TO THE

INSTALLATION OF AN ATHLETIC FIELD IRRIGATION

SYSTEM AT THE AL BISHOP SOFTBALL COMPLEX, UNDER

THE 2011 PARKS, RECREATION AND CULTURAL AFFAIRS -

PARKS, RECREATION, AND CULTURAL AFFAIRS

MOTION: Motion by Goreham, second by Birrell, to approve a contract

with Aqua Underground, Inc., in an amount not to exceed $176,900.00,

for construction services related to the installation of an athletic field

irrigation system at the Al Bishop Softball Complex, 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:

Al Bishop Field Renovation

345-105-E040-EP400 C-8125 $176,900.00

VOTE: ADOPTED 4-0, Chairman Lee absent

Page 136 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 19

7. PUBLIC SERVICES AGENCY (CONT.)

Parks, Recreation, and Cultural Affairs (cont.)

7B. APPROVAL OF CONTRACT WITH CROFT AND ASSOCIATES,

INC. FOR PROFESSIONAL SERVICES FOR DESIGN OF

IMPROVEMENTS TO THE COBB COUNTY CIVIC CENTER -

PARKS, RECREATION, AND CULTURAL AFFAIRS

MOTION: Motion by Goreham, second by Birrell, to approve a contract

with Croft and Associates, Inc., in an amount not to exceed $322,735.00,

for professional services for design of improvements to the Cobb County

Civic Center under the 2011 Parks, Recreation and Cultural Affairs

SPLOST Program; authorize the corresponding budget transactions; and

further authorize the Chairman to execute the necessary documents.

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

Civic Center Building Improvements

345-105-E030-EP304 E-8722 $344,735.00

VOTE: ADOPTED 4-0, Chairman Lee absent

8. SUPPORT SERVICES AGENCY

Property Management

8A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 2 (FINAL)

TO THE CONTRACT WITH ALLSOUTH SPRINKLER CO., INC.,

FOR WORK AT THE RELOCATED JUVENILE COURT

FACILITY - PROPERTY MANAGEMENT

MOTION: Motion by Cupid, second by Birrell, to approve Supplemental

Agreement No. 2 (final) in the amount of $12,400.00, to the contract with

Allsouth Sprinkler Co., Inc., for 2011 SPLOST fire sprinkler renovation

work at Juvenile Court relocated to 32 Waddell Street, Marietta, Georgia;

authorize the corresponding budget transactions; and further authorize

the Chairman to execute the necessary documents.

Funding is available in the project budget as follows:

Juvenile Court

345-110-E085-8005-E0850-C $12,400.00

Increase GAE 345062612802

VOTE: ADOPTED 4-0, Chairman Lee absent

9. BOARD OF COMMISSIONERS

9A. APPROVAL OF APPOINTMENT OF PUBLIC SAFETY AGENCY

DIRECTOR – BOARD OF COMMISSIONERS

MOTION: Motion by Birrell, second by Cupid, to approve the

appointment of Mr. Sam Heaton as Director, Public Safety Agency.

VOTE: ADOPTED 4-0, Chairman Lee absent

Page 137 of 181

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

JANUARY 14, 2014

PAGE 20

10. REAPPOINTMENT – MS. PEGGY POOL – PUBLIC LIBRARY BOARD

MOTION: Motion by Birrell, second by Ott, to approve the reappointment of

Ms. Peggy Pool the Public Library Board, for a three (3) year term to expire

December 31, 2016.

VOTE: ADOPTED 4-0, Chairman Lee absent

11. ANNOUNCEMENT OF APPOINTMENT TO THE ONE PERCENT

SPECIAL PURPOSE LOCAL OPTION SALES TAX CITIZENS’

OVERSIGHT COMMITTEE

Commissioner Cupid announced her appointment of Roger Sandbothe to the One

Percent Special Purpose Local Option Sales Tax Citizens’ Oversight Committee,

for a term balance to expire December 31, 2016. Said appointment fills the

vacancy created by the resignation of Steve Williams.

ADJOURNMENT

The meeting was adjourned at 9:54 a.m.

____________________________________________

Candace W. Ellison, CCC

County Clerk

Cobb County Board of Commissioners

Page 138 of 181

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

100 Cherokee Street, Suite 355 Marietta, Georgia 30090-9605 (770) 528-3307 / fax: (770) 528-3325

TO: David Hankerson, County Manager

FROM: Candace Ellison, County Clerk

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

DATE: January 28, 2014

PURPOSE To authorize correction of the minutes of the Board of Commissioners’ Zoning Hearing of December 17, 2013 regarding rezoning application Z-73 of 2013, TV Holdings, LLC.

BACKGROUND On December 17, 2013, the Board of Commissioners approved application Z-73 subject to a number of conditions. One of the conditions was a site plan that was mistakenly identified at the hearing as being dated October 3, 2013. The plan that was considered by the Board of Commissioners was actually dated November 24, 2013 (received by the Zoning Division on November 26, 2013) and was displayed for the Board of Commissioners at the hearing. The Board of Commissioners’ Zoning and Land Use Hearing Procedures provide in Section 6B that the minutes may be corrected whenever an error is noticed, regardless of the time which has elapsed.

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize correction of the minutes of the Board of Commissioners’ Zoning Hearing of December 17, 2013 regarding rezoning application Z-73 of 2013, TV Holdings, LLC by referencing the correct date of the site plan received by the Zoning Division as November 26, 2013.

ATTACHMENTSCorrection to Minutes

Site Plan Received by Zoning Division November 26, 2013

Comm. Dist. 3

Agenda Item Number. 26

Page 139 of 181

MINUTES OF ZONING HEARING COBB COUNTY BOARD OF COMMISSIONERS DECEMBER 17, 2013 PAGE 9 REGULAR CASES (CONT.) Z-69 BK PROPERTIES, LP (owner) requesting Rezoning from OS, O&I, R-20 and

NS to RM-8 for the purpose of Low Density/Multi-Family Homes in Land Lots 437, 438, 439, 498, 499, 500, 510 and 511 of the 16th District. Located on the south side of Big Shanty Road, east side of Chastain Meadows Parkway, and west side of Bells Ferry Road (73 Big Shanty Road).

Mr. Kevin Moore, Applicant’s Representative, requested a continuance in order to work on additional issues brought forward by the opposition. The opposition present was agreeable to this request. Thereafter, the following motion was made:

MOTION: Motion by Birrell, second by Ott, to continue Rezoning request until

the February 18, 2013 Board of Commissioners Zoning Hearing.

VOTE: ADOPTED unanimously Z-73 TV HOLDINGS, LLC (owner) requesting Rezoning from R-20 to PVC for the

purpose of Residential Units and Site Plan Amendment in Land Lots 501 and 508 of the 16th District. Located on the south side of Big Shanty Road, on the east side of George Busbee Parkway, and on the south and east sides of Hidden Forest Court.

The public hearing was opened and Mr. Kevin Moore, Mr. T. E. Cauthorn, Mr. Eric McConaghy, and Mr. Michael Fox addressed the Board. Following presentation and discussion, the following motion was made:

MOTION: Motion by Birrell, second by Lee, to approve Rezoning to the PVC

zoning district subject to:

• Site plan received by the Zoning Division October 3, 2013 November 26, 2013 with the District Commissioner approving minor modifications (attached and made a part of these minutes)

• If three properties not included as part of this site plan are acquired by “master developer,” then any changes may be considered as an Other Business Item; if property is not sold to “master developer,” then any changes must go through rezoning process

• Fire Department comments and recommendations • Water and Sewer Division comments and recommendations • Stormwater Management Division comments and recommendations • Cobb DOT comments and recommendations • All previous stipulations and conditions for Z-26 of 2007, not otherwise in

conflict, to remain in effect

VOTE: ADOPTED unanimously

Page 140 of 181

Page 141 of 181

COBB COUNTY TRANSPORTATION AGENCY

REGULAR AGENDA COVER

REGULAR MEETING OF JANUARY 28, 2014

ITEM NO.

Engineering

1 To approve a contract with Baldwin Paving Company, Inc., for intersection improvements on SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road, State Project No. STP00-0004-00(449), State P. I. No. 0004449, Cobb County Project No. D3340, MIS Contract No. 000645.

2 To approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., for replacement of Hopkins Road Bridge over Wildhorse Creek, Project No. E1040, MIS Contract No. 000641.

3 To approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., for replacement of New Chastain Road Westbound Bridge over Noonday Creek, Project No. E1050, MIS Contract No. 000635.

4 To approve Change Order No. 2 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., for drainage system improvements on Longford Court, Project No. E2410-WO#02, MIS Contract No. 000609.

Traffic Operations

5 To approve a contract with R.J. Haynie & Associates, Inc., to rebuild and upgrade three existing traffic signals, Signal Rebuilds-Phase 8, Project No. D5020, MIS Contract No. 000753.

6 To authorize the procurement of traffic signal cabinets and associated equipment for the upgrade and enhancement of the Department’s traffic signal system, Traffic Signals Phase 2 - Cabinet Upgrade, Project Number E5040.

7 To approve Project No. E5010-TO#02 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., for traffic engineering services of Advanced Transportation Management Systems, MIS Contract No. 000564.

8 To approve Project No. E5040-TO#01 to the 2012 Master Task Order Contract with HNTB Corporation for traffic engineering services for Traffic Signals Rebuild - Phase 1, MIS Contract No. 000562.

9 To authorize the creation of two new temporary part-time positions within the Department of Transportation in conjunction with Roadway Signage Upgrade, Project No. E6050, and to approve the operating and capital budgets required to support these positions.

Page 142 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve a contract with Baldwin Paving Company, Inc., for intersection improvements on SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road, State Project No. STP00-0004-00(449), State P. I. No. 0004449, Cobb County Project No. D3340, MIS Contract No. 000645.

BACKGROUND

SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road is an approved project in the Intersection Safety and Operational Improvements Component of the 2005 SPLOST Transportation Improvements Program (TIP), and is also an approved project in the Atlanta Regional Commission (ARC) PLAN 2040 Regional Transportation Plan, designated as State Project No. STP00-0004-00(449), State P.I. No. 0004449, and ARC Project No. CO-323. This project consists of the addition of right turn lanes on all approaches to the intersection of SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road. A five-foot wide sidewalk will be added to the south side of SR360/Powder Springs Road and Callaway Road, with curb and gutter to be added throughout the length of the project. Upgrades to the existing traffic signal and pedestrian accommodations will also be included in the project. On December 10, 2013, the Board of Commissioners approved a Construction Agreement with the Georgia Department of Transportation (GDOT) for SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road. Under the terms of the agreement, the State will fund 80 percent of the GDOT eligible construction costs, up to a maximum amount of $1,237,876.00. The County will be responsible for funding 20 percent of the GDOT eligible construction costs and 100 percent of any construction costs exceeding the State’s maximum, up to a maximum amount of $836,538.29. Funding for the County’s portion of costs is available in the 2005 SPLOST TIP Fund budget.

Comm. Dist.

1, 4

Agenda Item Number. 1

Page 143 of 181

The Invitation to Bid for this project was advertised in the Marietta Daily Journal on August 30, 2013, and on September 6, 13, and 20, 2013. Bids were received on September 26, 2013, from the following companies:

The low bid of $2,074,414.29 from Baldwin Paving Company, Inc., was reviewed and found to be reasonable and responsive. Bid tabulation consisted of $1,956,225.13 in roadway costs and $118,189.16 in Water System costs. The completion date for this project is 540 consecutive calendar days from issuance of the Notice to Proceed.

Company Bid Amount

Baldwin Paving Company, Inc. $2,074,414.29

E.R. Snell Contractor, Inc. $2,152,745.59

C.W. Matthews Contracting Co., Inc. $2,171,462.48

Georgia Development Partners $2,440,115.35

FUNDING

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

Decrease appropriation of Georgia Department of Transportation (GDOT) revenue for State Contract STP00-0004-00(449) to adjust GDOT funding budgeted to actual contract award, as follows:

Available in the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers:

Transfer from: SPLOST Projects-Relocate Lines

Transfer from: 340-050-7503-D334-8761-D3340-C $1,583,360.46

340-050-7503-D334-8781-D3340-U $ 372,864.67

Transfer to: 340-050-7503-D334-8762-D3340-C $1,956,225.13

Decrease Revenue Appropriation: 340-050-7503-D334-4466-D3340-C $159,724.00

Decrease Expenditure Appropriation: 340-050-7503-D334-8761-D3340-C $159,724.00

Preliminary Estimates 510-500-5756-8005-W4069-Z $121,154.16

Agenda Item Number. 1

Page 144 of 181

Transfer to: Powder Springs Road at Callaway Road/Cheatham Hill Road

Construction 510-500-5756-8260-W4304-C $118,189.16

Interest Expense on Retainage 510-500-5756-6613-W4304-A $ 600.00

Contingency 510-500-5756-8810-W4304-T $ 2,365.00

Total $121,154.16

RECOMMENDATION The Board of Commissioners approve a contract with Baldwin Paving Company, Inc., in an amount not to exceed $2,074,414.29, for intersection improvements on SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road, State Project No. STP00-0004-00(449), State P. I. No. 0004449, Cobb County Project No. D3340, MIS Contract No. 000645; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Agenda Item Number. 1

Page 145 of 181

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PROJECT:SR360/Powder Springs Road atCheatham Hill Road/Callaway RoadProject No. D3340

[

DATE:January 28, 2014

Notes: Commission Districts 1 and 4

Cobb CountyDepartment of Transportation

LOCATION MAP

k

ProjectLocation

Page 146 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., for replacement of Hopkins Road Bridge over Wildhorse Creek, Project No. E1040, MIS Contract No. 000641.

BACKGROUND

Hopkins Road Bridge over Wildhorse Creek is an approved project in the Bridge Rehabilitation/Replacement Component of the 2011 SPLOST Transportation Improvements Program. The project consisted of total replacement of the substandard weight-restricted bridge. In addition, pedestrian accommodations were enhanced by extending the sidewalk on the west side to connect to the Silver Comet Trail. This was a joint project between the City of Powder Springs and Cobb County. On May 14, 2013, the Board of Commissioners approved a contract with Sunbelt Structures, Inc., for replacement of Hopkins Road Bridge over Wildhorse Creek. Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., a savings to the project in the amount of $145,276.33, is requested due to variations between the original and final plan quantities, including underruns to construction allowance, water casing items and utility allowance. These are the final changes necessary to close this contract with Sunbelt Structures, Inc.

Comm. Dist. 4

Agenda Item Number. 2

Page 147 of 181

Original Contract $828,631.81

Change Order No. 1 (final) ($145,276.33)

Revised Contract $683,355.48

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

A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers:

Transfer from: Hopkins Road over Wildhorse Creek Bridge

Transfer to: SPLOST Projects-Relocate Lines

Decrease GAE 345051413401: 345-050-E001-E104-8762-E1040-C $69,383.83

Transfer from: 345-050-E001-E104-8762-E1040-C $42,071.16

Transfer to: 345-050-E024-E24B-8761-E24B0-C $42,071.16

Decrease GAE 510051413401: 510-500-5756-8260-W4286-C $75,892.50

Construction 510-500-5756-8260-W4286-C $75,892.50

Preliminary Estimates 510-500-5756-8005-W4069-Z $75,892.50

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., a savings to the project of $145,276.33, for replacement of Hopkins Road Bridge over Wildhorse Creek, Project No. E1040, MIS Contract No. 000641; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 2

Page 148 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., for replacement of New Chastain Road Westbound Bridge over Noonday Creek, Project No. E1050, MIS Contract No. 000635.

BACKGROUND

New Chastain Road Westbound Bridge over Noonday Creek is an approved project in the Bridge Rehabilitation/Replacement Component of the 2011 SPLOST Transportation Improvements Program. The project consisted of replacement of the westbound weight-restricted bridge to include two travel lanes, shoulders, and pedestrian accommodations. On May 14, 2013, the Board approved a contract with Sunbelt Structures, Inc., for replacement of New Chastain Road Westbound Bridge over Noonday Creek. Details for action requested are as follows: Construction of this project is complete and Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., a savings to the project in the amount of $188,799.39, is requested due to variations between the original and final plan quantities, including underruns in pilot holes, rip rap quantities, construction allowance and utility allowance. These are the final changes necessary to close this contract with Sunbelt Structures, Inc.

Original Contract $1,231,910.88

Change Order No. 1 (final) ($ 188,799.39)

Comm. Dist. 3

Agenda Item Number. 3

Page 149 of 181

Revised Contract $1,043,111.49

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

A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers:

Transfer from: New Chastain Road Bridge Replacement

Transfer to: SPLOST Projects-Relocate Lines

Decrease GAE 345051413402: 345-050-E001-E105-8762-E1050-C $181,062.74

Decrease GAE 510051413402: 510-500-5756-8260-W4280-C $7,736.65

Construction 510-500-5756-8260-W4280-C $7,736.65

Preliminary Estimates 510-500-5756-8005-W4069-Z $7,736.65

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the contract with Sunbelt Structures, Inc., a savings to the project in the amount of $188,799.39, for replacement of New Chastain Road Westbound Bridge over Noonday Creek, Project No. E1050, MIS Contract No. 000635; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 3

Page 150 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve Change Order No. 2 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., for drainage system improvements on Longford Court, Project No. E2410-WO#02, MIS Contract No. 000609.

BACKGROUND

Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Longford Court is classified as a local road on the County’s Major Thoroughfare Plan. An existing roadside ditch in the vicinity of 2251 Longford Court was not draining properly, causing significant impacts to surrounding private property. The Department recommended drainage improvements that included re-establishment of the ditch and placement of rip-rap to improve drainage patterns. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. On October 8, 2013, the Board approved a contract with Butch Thompson Enterprises, Inc., for drainage system repairs on Longford Court.

Comm. Dist. 3

Agenda Item Number. 4

Page 151 of 181

Details for action requested are as follows: Construction of the project is complete and Change Order No. 2 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., a savings to the project in the amount of $1,150.00, is requested due to variations between the original and final plan quantities. These are the final changes necessary to close this project with Butch Thompson Enterprises, Inc.

Original Contract $14,240.00

Change Order No. 2 (final) ($ 1,150.00)

Revised Contract $13,090.00

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

Decrease GAE 345100813406: 345-050-E002-E241-8762-E2410-C $1,150.00

RECOMMENDATION The Board of Commissioners approve Change Order No. 2 (final) to the 2013 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., a savings to the project in the amount of $1,150.00, for drainage system improvements on Longford Court, Project No. E2410-WO#02, MIS Contract No. 000609; and authorize the Chairman to execute the necessary documents.

Agenda Item Number. 4

Page 152 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve a contract with R.J. Haynie & Associates, Inc., to rebuild and upgrade three existing traffic signals, Signal Rebuilds-Phase 8, Project No. D5020, MIS Contract No. 000753.

BACKGROUND

Rebuild Existing Traffic Signals is an approved project in the Traffic Management, Traffic Signal Timing and Planning Component in the 2005 SPLOST Transportation Improvements Program. The scope of this project includes replacing wood pole supported traffic signals with mast arm displays and upgrading the traffic signal equipment. The Invitation to Bid for rebuilding three traffic signals was advertised in the Marietta Daily Journal on November 22 and 29, 2013, and on December 6 and 13, 2013. Bids were received on December 19, 2013, from the following companies:

The low bid of $351,130.00 from R.J. Haynie & Associates, Inc., was reviewed and found to be reasonable and responsive. The completion date for this project is 270 consecutive calendar days from issuance of the Notice to Proceed.

Company Bid Amount

R.J. Haynie & Associates, Inc. $ 351,130.00

Detection Technologies, Inc. $ 351,351.25

North Cherokee Electrical, Inc. $ 363,773.20

Comm. Dist.

2, 3

Agenda Item Number. 5

Page 153 of 181

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

Transfer from: 340-050-7505-D502-8761-D5020-C $327,719.60

340-050-7505-D502-8721-D5020-E $ 23,410.40

Transfer to: 340-050-7505-D502-8771-D5020-C $351,130.00

RECOMMENDATION The Board of Commissioners approve a contract with R.J. Haynie & Associates, Inc., in an amount not to exceed $351,130.00, to rebuild and upgrade three existing traffic signals, Signal Rebuilds-Phase 8, Project No. D5020, MIS Contract No. 000753; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Agenda Item Number. 5

Page 154 of 181

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PROJECT:Signal Rebuilds - Phase 8Project No. D5020

[

DATE:January 28, 2014

Cobb CountyDepartment of Transportation

LOCATION MAP

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Shallowford Road atMabry Road/Mar Lanta Drive

Notes: Commission Districts 2 and 3

George Busbee Parkway atTown Center Drive (South)

Roswell Road atLantern Ridge Drive

Page 155 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To authorize the procurement of traffic signal cabinets and associated equipment for the upgrade and enhancement of the Department’s traffic signal system, Traffic Signals Phase 2 - Cabinet Upgrade, Project Number E5040.

BACKGROUND

Traffic Signals is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component in the 2011 SPLOST Transportation Improvements Program. The purpose of this phase of the project is to continue upgrading Cobb County traffic signal cabinets, controllers, and conflict monitors to the current standard. Upon completion of this phase, all Cobb County traffic signal cabinets, controllers, and conflict monitors will have been converted to the current standard, resulting in enhanced reliability and more cost-effective maintenance and operations. Details for action requested as follows: The project will upgrade 40 cabinets, monitors and controllers to the current Georgia Department of Transportation standards. The Department recommends procurement of the following equipment utilizing 2013 Countywide Unit Price Contracts:

Comm. Dist.

All

Agenda Item Number. 6

Page 156 of 181

An agenda item will be presented to the Board of Commissioners at a later date to award a contract for installation of the signal cabinets.

Item Quantity Cost Total Cost

332A Cabinets 40 $5,831.00 $233,240.00

2070L Controllers 40 $1,853.53 $ 74,141.20

2010E Clip Monitors 40 $ 539.00 $ 21,560.00

TOTAL $328,941.20

FUNDING Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer:

Transfer from: 345-050-E005-E504-8005-E5040-P $328,941.20

Transfer to: 345-050-E005-E504-8486-E5040-P $328,941.20

RECOMMENDATION The Board of Commissioners authorize the procurement of traffic signal cabinets and associated equipment, in an amount not to exceed $328,941.20, for the upgrade and enhancement of the Department's traffic signal system, Traffic Signals Phase 2 - Cabinet Upgrade, Project Number E5040; and authorize the corresponding budget transaction.

Agenda Item Number. 6

Page 157 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve Project No. E5010-TO#02 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., for traffic engineering services of Advanced Transportation Management Systems, MIS Contract No. 000564.

BACKGROUND

Advanced Transportation Management Systems (ATMS) is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component of the 2011 SPLOST Transportation Improvements Program. The Department’s ATMS includes a Regional Transportation Management Center and Intelligent Transportation Systems (ITS), incorporating traffic signal management systems, closed circuit television (CCTV) cameras for traffic surveillance, fiber optic cable systems, and traveler information systems. On May 8, 2012, the Board of Commissioners approved the 2012 Master Task Order Contracts. Kimley-Horn and Associates, Inc., was approved for Traffic Engineering Services. Project No. E5010-TO#02 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., in an amount not to exceed $89,704.00, is requested to develop an ITS Communications Master Plan. The project will include a comprehensive plan to migrate to Ethernet architecture, and to implement a robust, redundant, reliable communications network capable of meeting the current and future needs of the County’s traffic signal management systems, CCTV cameras for traffic surveillance, fiber optic cable systems, and traveler information systems.

Comm. Dist.

All

Agenda Item Number. 7

Page 158 of 181

FUNDING Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: 345-050-E005-E501-8761-E5010-C $89,704.00

Transfer to: 345-050-E005-E501-8722-E5010-E $89,704.00

RECOMMENDATION The Board of Commissioners approve Project No. E5010-TO#02 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., in an amount not to exceed $89,704.00, for traffic engineering services of Advanced Transportation Management Systems, MIS Contract No. 000564; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 7

Page 159 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To approve Project No. E5040-TO#01 to the 2012 Master Task Order Contract with HNTB Corporation for traffic engineering services for Traffic Signals Rebuild - Phase 1, MIS Contract No. 000562.

BACKGROUND

Traffic Signals is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component in the 2011 SPLOST Transportation Improvements Program. The project includes the upgrade of existing traffic signals from wood pole supports to steel mast arm displays at the following locations:

On May 8, 2012, the Board of Commissioners approved the 2012 Master Task Order Contracts. HNTB Corporation was approved for Traffic Engineering Services.

SR5/Austell Road at Pair Road

SR280/South Cobb Drive at Appleton Drive

SR280/South Cobb Drive at Pearl Street

SR139/Mableton Parkway at Old Powder Springs Road

SR139/Mableton Parkway at Old Alabama Road/Old Gordon Road

Comm. Dist.

1, 4

Agenda Item Number. 8

Page 160 of 181

Project No. E5040-TO#01 to the 2012 Master Task Order Contract with HNTB Corporation, in an amount not to exceed $42,216.00, is requested for traffic engineering services to provide traffic signal designs of five intersections to be upgraded.

FUNDING Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer:

Transfer from: 345-050-E005-E504-8761-E5040C $42,216.00

Transfer to: 345-050-E005-E504-8771-E5040C $42,216.00

RECOMMENDATION The Board of Commissioners approve Project No. E5040-TO#01 to the 2012 Master Task Order Contract with HNTB Corporation, in an amount not to exceed $42,216.00, for traffic engineering services for Traffic Signals Rebuild - Phase 1, MIS Contract No. 000562; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Agenda Item Number. 8

Page 161 of 181

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PROJECT:Traffic Signals - Rebuild Phase 1Project No. E5040

[

DATE:January 28, 2014

Cobb CountyDepartment of Transportation

LOCATION MAP

kk

k

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SR 5/Austell Road at Pair Road

Notes: Commission Districts 1 and 4

SR 280/South Cobb Drive atPearl Street

SR 280/South Cobb Drive atAppleton Drive

SR 139/Mableton Parkway at Old Alabama/Old Gordon Roads

SR 139/Mableton Parkway atOld Powder Springs Road

Page 162 of 181

Cobb County Department of Transportation Faye DiMassimo, Director

1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

TO: David Hankerson, County Manager

FROM: Faye DiMassimo, Director

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

DATE: January 28, 2014

PURPOSE To authorize the creation of two new temporary part-time positions within the Department of Transportation in conjunction with Roadway Signage Upgrade, Project No. E6050, and to approve the operating and capital budgets required to support these positions.

BACKGROUND

Roadway Signage Upgrade is an approved project in the 2011 SPLOST Transportation Improvements Program (TIP). This project includes upgrading roadway signs on County-maintained arterial, major collector, and minor collector roadways to meet current retroreflectivity standards as required in the Federal 2009 Manual on Uniform Traffic Control Devices (MUTCD). Sign upgrades will include specific high-priority regulatory-series, warning-series, and guide-series signage. The Department recommends establishing a temporary part-time sign crew to complete this project at a cost savings to the County of approximately 40 percent versus utilizing outside contractors. Total expenses for the new part-time sign crew positions and associated equipment/supplies required to complete this project are estimated to be $284,490.00. Detail for action requested as follows: On December 6, 2011, the Board of Commissioners authorized adoption of the initial budget and schedule for the 2011 SPLOST TIP. Roadway Signage Upgrade, Project No. E6050, was established as an approved project in the Roadway Safety and Operational Improvements Component in the 2011 SPLOST TIP.

Comm. Dist.

All

Agenda Item Number. 9

Page 163 of 181

The Department requests the two new temporary part-time positions be created in the General Fund Operating Budget, to be reimbursed through an interfund transfer from the Roadway Signage Upgrade approved project specific budget within the 2011 SPLOST TIP. Funding for other operating and capital expenses required will be charged directly to the Roadway Signage Upgrade approved project specific budget within the 2011 SPLOST TIP.

Expenses for the new temporary part-time sign crew are estimated to be $284,490.00, which includes part-time salaries totaling $25,636.00, equipment costs totaling $10,000.00, and material/supply costs totaling $248,854.00. The two new temporary part-time positions are requested to be effective February 1, 2014, to begin the hiring process. Positions will remain in effect until the project is completed, which is anticipated to occur within a six month period from the hire date of the two positions. Expenses for the remainder of FY14 are estimated at $271,672.00. FY15 expenses are estimated to be $12,818.00.

FUNDING Available in the Department's FY14 approved Operating budget, with the following interfund transfer from the 2011 SPLOST TIP Fund, as costs are incurred for FY14:

Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfers, as costs are incurred for FY14:

Interfund Transfer from: 345-050-E006-E605-8761-E6050-C $12,818.00

Interfund Transfer to: 010-050-0740-0740-6018 $12,818.00

Transfer from: 345-050-E006-E605-8005-E6050-A $ 1,000.00

345-050-E006-E605-8721-E6050-E $ 28,400.00

345-050-E006-E605-8741-E6050-R $ 42,700.00

345-050-E006-E605-8761-E6050-C $181,054.00

345-050-E006-E605-8781-E6050-U $ 5,700.00

Transfer to: 345-050-E006-E605-8490-E6050-P $ 10,000.00

345-050-E006-E605-6198-E6050-O $248,854.00

RECOMMENDATION The Board of Commissioners authorize the creation of one temporary part-time Traffic Sign Installer position, Grade 7P, and one temporary part-time Traffic Sign Fabricator position, Grade 8P, within the Department of Transportation, effective as of February 1, 2014, in conjunction with Roadway Signage Upgrade, Project No. E6050; approve the operating and capital budgets required to support these positions; authorize the corresponding budget transactions; and further authorize the necessary budget transactions for future year crew costs and reimbursement to the General Fund from the 2011 SPLOST TIP Fund, as needed.

Agenda Item Number. 9

Page 164 of 181

COBB COUNTY PUBLIC SERVICES AGENCY

REGULAR AGENDA COVER

REGULAR MEETING OF JANUARY 28, 2014

ITEM NO.

Parks, Recreation, and Cultural Affairs

1 To approve a contract with Lose & Associates, Inc. for professional design and construction administration services for improvements at Wild Horse Creek Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

Page 165 of 181

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

1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

TO: David Hankerson, County Manager

FROM: Eddie Canon, Director

This item has been electronically signed by:Eddie Canon, Director

DATE: January 28, 2014

PURPOSE To approve a contract with Lose & Associates, Inc. for professional design and construction administration services for improvements at Wild Horse Creek Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND

The 2011 Parks, Recreation and Cultural Affairs (PRCA) SPLOST program includes improvements at Wild Horse Creek Park located at 3720 Macedonia Road, Powder Springs. The existing athletic fields and restroom and concession buildings were first constructed in 1974 and have outlived their useful life. Staff has identified a number of areas to be redeveloped, including athletic field renovations and the replacement of both an existing concession/restroom building and an existing restroom building. In addition, major upgrades will be completed at the BMX bicycle facility, which hosts an annual national competition. 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 November 15, 22, 29 and December 6, 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 five responsive firms and opened on December 12, 2013. The following Selection Committee was approved for this project: Jimmy Barnett (PARKS), Jeff Crowder (PARKS), Russ Ford (DOT), Dick Krause (CCWS), and John Pederson (Community Development). 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

Comm. Dist. 4

Agenda Item Number. 1

Page 166 of 181

stability. In addition, Selection Process 2 includes weighting of each firm's scoring based on prices submitted as part of their proposal which allows the department to recommend awarding the contract to the top ranked firm. The proposals from the following responsive firms were received and evaluated: Croft & Associates, Inc. Freedman Engineering Group Lose & Associates, Inc. Stantec Consulting Services, Inc. Wiley Wilson The Committee ranked Lose & Associates, Inc. as the firm offering the best combination of qualifications and pricing. Contract documents will be approved by County Legal staff prior to execution.

FUNDING Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E030-EP363 E-8722 (Wild Horse BMX Building) $17,410.00 345-105-E030-EP364 E-8722 (Wild Horse Octagon Building) $21,770.00 345-105-E040-EP469 E-8722 (Wild Horse Crosstie Walls) $12,330.00 345-105-E040-EP470 E-8722 (Wild Horse Field Renovation) $81,690.00

RECOMMENDATION The Board of Commissioners approve a contract with Lose & Associates, Inc., in an amount not to exceed $133,200.00, for professional design and construction administration services for improvements at Wild Horse Creek 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.

Agenda Item Number. 1

Page 167 of 181

PUBLIC COMMENT (CONCLUSION OF MEETING)

JANUARY 28, 2014

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

Page 168 of 181

APPOINTMENTS

AGENDA COVER

REGULAR MEETING OF JANUARY 28, 2014

ITEM NO.

1 To approve the appointment of Ms. Meral Clarke to the Neighborhood Safety Commission (NSC) to complete the unexipred term of Mrs. Barbara Hickey.

2 To approve the appointment of Mr. Chuck Casto to the 1% SPLOST Citizens Oversight Committee to fill the unexpired term of Mr. David Hong and name Mr. Hong as an honorary ex-officio member.

3 To approve the reappointment of Sean King to the Airport Advisory Board and Les Still to the Public Library Board, Post 6.

Page 169 of 181

Cobb County Board of Commissioners JoAnn K. Birrell, Commissioner, District 3

100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606

TO: David Hankerson, County Manager

FROM: JoAnn K. Birrell, Commissioner, District 3

This item has been electronically signed by:JoAnn K. Birrell, Commissioner, District 3

DATE: January 28, 2014

PURPOSE To approve the appointment of Ms. Meral Clarke to the Neighborhood Safety Commission (NSC) to complete the unexipred term of Mrs. Barbara Hickey.

BACKGROUND Meral Clarke will serve the unexpired term of Barbara Hickey; the term will expire on 09/30/14. We look forward to Ms. Clarke's participation on the Committee. We appreciate Mrs. Hickey's service.

RECOMMENDATION To approve the appointment of Ms. Meral Clarke to the Neighborhood Safety Commission (NSC).

Comm. Dist. 3

Agenda Item Number. 1

Page 170 of 181

Cobb County Board of Commissioners JoAnn K. Birrell, Commissioner, District 3

100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606

TO: David Hankerson, County Manager

FROM: JoAnn K. Birrell, Commissioner, District 3

This item has been electronically signed by:JoAnn K. Birrell, Commissioner, District 3

DATE: January 28, 2014

PURPOSE To approve the appointment of Mr. Chuck Casto to the 1% SPLOST Citizens Oversight Committee to fill the unexpired term of Mr. David Hong and name Mr. Hong as an honorary ex-officio member.

BACKGROUND Chuck Casto will serve the unexpired term of David Hong; the term will expire on 12/31/14. David Hong will be an honorary ex-officio member of the 1% SPLOST Citizens Oversight Committee. We look forward to Mr. Casto's participation on the Committee. Additionally, we appreciate Mr. Hong's over four years of service and welcome his continued service as an ex-officio member.

FUNDING N/A

RECOMMENDATION To approve the appointment of Mr. Chuck Casto to the 1% SPLOST Citizens Oversight Committee to fill the unexpired term of Mr. David Hong and name Mr. Hong as an honorary ex-officio member.

Comm. Dist. 3

Agenda Item Number. 2

Page 171 of 181

Cobb County Board of Commissioners Tim Lee, Chairman

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

TO: David Hankerson, County Manager

FROM: Tim Lee, Chairman

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

DATE: January 28, 2014

PURPOSE To approve the reappointment of Sean King to the Airport Advisory Board and Les Still to the Public Library Board, Post 6.

BACKGROUND Mr. Sean King's term expired on the Airport Advisory Board 10/6/13 and Mr. Les Still's term expired on the Public Library Board 12/31/13. These are reappointments by the Chairman.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve the reappointment of Sean King to the Airport Advisory Board and Les Still to the Public Library Board, Post 6.

Comm. Dist.

Agenda Item Number. 3

Page 172 of 181

COMMISSIONERS' PUBLIC ADDRESS

JANUARY 28, 2014

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

Page 173 of 181

RESPONSE TO PUBLIC COMMENT

(FOR INFORMATION ONLY)

REGULAR MEETING OF JANUARY 28, 2014

ITEM NO.

1 Response Letter to Ms. Vicky Hammond - Comments of December 19, 2013

2 Mr. Williams - Comments of 12/19/2013 and 1/14/14 Mr. Tiyamiyu - Comments of 12/19/2013 Mr. Taylor - Comments of 12/19/2013 Mr. Kirkland - Comments of 12/16/2013

Page 174 of 181

Cobb County Department of Public Safety Sam Heaton, Director of Public Safety

100 Cherokee Street, Suite 460 Marietta, Georgia 30090-9682

TO: David Hankerson, County Manager

FROM: Sam D. Heaton, Director of Public Safety

This item has been electronically signed by: Sam Heaton, Director of Public Safety

DATE: January 28, 2014

PURPOSE Response Letter to Ms. Vicky Hammond - Comments of December 19, 2013

ATTACHMENTSResponse Letter - Vicky Hammond

Comm. Dist. All

Agenda Item Number. 1

Page 175 of 181

Page 176 of 181

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

100 Cherokee Street, Suite 350 Marietta, Georgia 30090-7000 (770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:Deborah Dance, County Attorney

DATE: January 28, 2014

PURPOSE Mr. Williams - Comments of 12/19/2013 and 1/14/14 Mr. Tiyamiyu - Comments of 12/19/2013 Mr. Taylor - Comments of 12/19/2013 Mr. Kirkland - Comments of 12/16/2013

ATTACHMENTSLetter to Tiyamiyu

Letter to Kirkland

Letter to Taylor

Letter to Williams

Comm. Dist.

Agenda Item Number. 2

Page 177 of 181

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