Agenda 4-9-2013

152
April 9, 2013 TAB REGULAR MEETING - CALL TO ORDER - 9:00 AM PRESENTATIONS ...................................................................................................... 1 PUBLIC COMMENT .................................................................................................... 2 CONSENT ................................................................................................................... 3 TRANSPORTATION AGENCY ................................................................................ 4 PUBLIC SERVICES AGENCY . ................................................................................. 5 COMMUNITY DEVELOPMENT AGENCY .............................................................. 6 BOARD OF COMMISSIONERS ..................................................................................... 7 PUBLIC COMMENT .................................................................................................... 8 APPOINTMENTS ...................................................................................................... 9 COMMISSIONERS' PUBLIC ADDRESS .................................................................... 10 ADJOURN Page 1 of 152

description

This is the agenda for the Cobb County (GA) Board of Commissioners meeting on April 9, 2013.

Transcript of Agenda 4-9-2013

April 9, 2013

TAB

REGULAR MEETING - CALL TO ORDER - 9:00 AM

PRESENTATIONS ...................................................................................................... 1

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

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

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

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

COMMUNITY DEVELOPMENT AGENCY ...................... ........................................ 6

BOARD OF COMMISSIONERS ..................................................................................... 7

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

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

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

ADJOURN

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Page 2 of 152

PRESENTATIONS

AGENDA COVER

REGULAR MEETING OF APRIL 9, 2013

ITEM NO.

1 To present the First Quarter Customer Service Excellence Awards to outstanding employees on behalf of the Cobb County Customer Service Council.

2 The Board of Commissioners to present a proclamation to the East Cobb Quilters' Guild.

3 To present a proclamation designating April 15, 2013 as Patriots Day.

4 To present a proclamation to the Victim Witness Units of the District Attorney's Office of Cobb County and Solicitor General's Office designating the week of April 21-27, 2013 as Crime Victims' Rights Week in Cobb County.

5 To present a proclamation to SafePath Children's Advocacy Center, Inc., designating the month of April, 2013 as Child Abuse Awareness Month in Cobb County.

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Cobb County Customer Service Council

100 Cherokee Street Marietta, Georgia 30090 (770) 528-1102

TO: David Hankerson, County Manager

FROM: Julia Levesque, Chair, Customer Service Council

This item has been electronically signed by:Paul W. Ruth, Director

DATE: April 9, 2013

PURPOSE To present the First Quarter Customer Service Excellence Awards to outstanding employees on behalf of the Cobb County Customer Service Council.

BACKGROUND In 1991, a Cobb County Customer Service Task Force was formed to evaluate and make recommendations to improve the quality of customer service delivery to residents and those conducting business with the County. To this end, the Cobb County Customer Service Council has redesigned the program to enhance the recognition of exceptional employees, providing for a meaningful mechanism of recognition. County Departments are divided into ten groups. Each group nominates employees who best exemplify the highest level of customer service as the "Customer Service Specialist." All Cobb County employees are eligible for such recognition. For the First Quarter of 2013, four employees have been selected for their outstanding commitment to customer service delivered to both their fellow employees as well as external customers. At the end of each calendar year, one "Customer Service Specialist" shall be selected from all quarterly honorees.

FUNDING Funds are available for this purpose in 010-095-2600-6418.

RECOMMENDATION

The Board of Commissioners recognize the efforts of our employees who are committed to excellence with:

Comm. Dist.

All

Agenda Item Number. 1

Page 4 of 152

Personal recognition at a private continental breakfast with the Board of Commissioners. Personal photograph with the Chairman. Gift from the Commissioners. Special Guest designation at the Cobb County Annual Customer Service Awards events.

ATTACHMENTSFirst Quarter 2013 Customer Service Excellence Awards

Agenda Item Number. 1

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First Quarter 2013 Customer Service Excellence Awards Winners

Jamie Cint Water Department

Julienne Marks Library

Burr Osoinach Library

Karen Zdunczyk Tax Assessor

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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: April 9, 2013

PURPOSE The Board of Commissioners to present a proclamation to the East Cobb Quilters' Guild.

BACKGROUND The East Cobb Quilters' Guild is a nonprofit corporation founded in Marietta, GA in 1982. There are over 250 members from Cobb County and the North Metro Area. The Guild's education program brings in nationally and internationally-known quilting educators for workshops open to the public. Handmade quilts are donated to charities such as DFCS, Center for Children and Young Adults, Wounded Warriors and Meals on Wheels. To fulfill its educational mission, the East Cobb Quilters’ Guild brings nationally and internationally known quilt artists to Marietta for workshops and lectures open to the public. Members and guests are able to expand their skills and knowledge right here at home. Small member groups within the Guild meet frequently to learn new techniques, work on group projects, and critique their work. The knowledge and inspiration shared among members takes form at each presentation of Georgia Celebrates Quilts, when the work of the past two years is unveiled.

FUNDING N/A

RECOMMENDATION The Board of Commissioners present a proclamation to the East Cobb Quilters' Guild in recognition of over 30 years as an organization.

Comm. Dist. 3

Agenda Item Number. 2

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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: April 9, 2013

PURPOSE To present a proclamation designating April 15, 2013 as Patriots Day.

BACKGROUND Prior to 1775, the eastern part of the United States mainly consisted of British colonies controlled by the United Kingdom. The American Revolutionary War was a major step in the independence of the United States. The first battles in this war were fought in the areas of Lexington and Concord, near Boston, Massachusetts, on April 19, 1775. To commemorate this event, the third Monday in April is designated as Patriots Day. Paul Revere is among the patriots remembered on this day.

RECOMMENDATION The Board of Commissioners present a proclamation to the Sons of the American Revolution recognizing April 15, 2013 as Patriots Day.

Comm. Dist.

All

Agenda Item Number. 3

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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: April 9, 2013

PURPOSE To present a proclamation to the Victim Witness Units of the District Attorney's Office of Cobb County and Solicitor General's Office designating the week of April 21-27, 2013 as Crime Victims' Rights Week in Cobb County.

BACKGROUND Thousands of victim assistance programs provide help and support to child victims of violence and sexual abuse; stalking victims, survivors of homicide victims; victims of drunk-driving crashes, victims of domestic, dating and sexual violence and other crimes. The Victim Witness Units of the District Attorney's Office and the Solicitor General's Office are joining forces with victim service programs, criminal justice officials and concerned citizens throughout Cobb County to raise awareness of victims' rights and observe National Crime Victims' Rights Week.

FUNDING N/A

RECOMMENDATION The Board of Commissioners present a proclamation to the Victim Witness Units of the District Attorney's Office and Solicitor General's Office designating the week of April 21-27, 2013, as Crime Victims' Rights Week in Cobb County.

Comm. Dist.

Agenda Item Number. 4

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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: April 9, 2013

PURPOSE To present a proclamation to SafePath Children's Advocacy Center, Inc., designating the month of April, 2013 as Child Abuse Awareness Month in Cobb County.

BACKGROUND SafePath Children's Advocacy Center, Inc. is a private, non-profit organization founded by the Coalition for Child Abuse Prevention. They provide comprehensive, child-friendly services by professionals and agencies who work to create a child-focused yet professional approach to abuse cases. SafePath is a National and State mentor site for new, developing and existing child advocacy centers around the country.

FUNDING N/A

RECOMMENDATION The Board of Commissioners present a proclamation to SafePath Children's Advocacy Center, Inc. designating the month of April 2013 as Child Abuse Awareness Month in Cobb County.

Comm. Dist.

Agenda Item Number. 5

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PUBLIC COMMENT (BEGINNING OF MEETING)

APRIL 9, 2013

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

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CONSENT AGENDA

REGULAR MEETING OF APRIL 9, 2013

ITEM NO.

WATER SYSTEM AGENCY Administration

1 To authorize an agreement with Utility Revenue Management Company, Inc. for performance of a Revenue Enhancement Review for the Water System, Program No. C0130.

Engineering

2 To approve Change Order No. 1 (final) to the construction contract with Unity Construction Co., Inc. for Camden Pointe Subdivision Sewer Line Replacement, Program No. S2044.

3 To approve Change Order No. 1 (final) to the construction contract with Inland Waters Pollution Control, Inc. for Stewart Reilly Drive Sewer Rehabilitation, Program No. S2051.

4 To approve a construction contract with Tippins Contracting Co., Inc. for Stilesboro Cove Subdivision Water Main Replacement, Program No.W2238.

Stormwater

5 To authorize the acceptance of Flood Hazard Mitigation Grant Program (HMGP-1973-0045) Rubes Trickum from the Georgia Emergency Management Agency for purchase of 10 properties impacted by flooding, Program No. SW1393.

6 To accept Flood Hazard Mitigation Grant Program (HMGP 1973-0041) from the Georgia Emergency Management Agency to purchase the residential property located at 2879 Clay Road, Program No. SW1392.

TRANSPORTATION AGENCY Airport

7 To approve Lease Amendment No. 4 to the Atlanta Executive Jet Center, LLC South Fixed Based Operator Lease and Operating Agreement for the construction of a Customs Inspection Facility at Cobb County Airport-McCollum Field.

Planning

8 To approve Amendment No. 2 to the Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority for an amended FY12 Federal Transit Administration New Freedom Disabled Senior Transportation Voucher Program.

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9 To approve Amendment No. 2 to the Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority for a FY2012 Federal Transit Administration Job Access and Reverse Commute Program Operating Assistance Grant for Cobb Community Transit Route 30.

SUPPORT SERVICES AGENCY Property Management

10 To approve a storage space license agreement with the Strand Theater.

PUBLIC SAFETY AGENCY Police

11 To authorize the acceptance of a donation of K9 equipment from the Rotary Club of Vinings, Vinings Business Association, Bill and Brenda Borden, Marietta Metro Rotary and the Cool Dreams Foundation.

Fire & Emergency Services

12 To authorize the acceptance of a sponsorship for two firefighting personnel to attend industrial petroleum fire training from the Colonia l Pipeline Company.

COMMUNITY DEVELOPMENT AGENCY Business License

13 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on March 14, 2013 by the License Review Board for Anthony Gibbs.

14 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on March 14, 2013 by the License Review Board for Michelle Moreno.

15 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on March 14, 2013 by the License Review Board for Sean Morse.

BOARD OF COMMISSIONERS Chair (County-wide)

16 To authorize a one-time contribution to Habitat for Humanity NW Metro Atlanta and The Cobb Community Foundation using funds in the General Fund’s Undesignated Contingency.

ECONOMIC DEVELOPMENT Economic Development CDBG

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17 To authorize an amendment to Cobb County’s Program Year 2012 Annual Action Plan to reallocate Community Development Block Grant funds from the Cobb County Americans with Disabilities Act project to Cobb County’ s uncommitted funding line for an eligible project to be determined at a later date.

FINANCE

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

SUPERIOR COURT

19 To authorize the application for Drug Court grant funds from the Criminal Justice Coordinating Council.

20 To approve the reorganization of the Law Library’s personnel structure to include reallocating the salary and fringe benefit budget for Systems Administrator position # 3025-008, grade 58, from the Law Library to a 50/50 split between Information Services and Superior Court Administration

To approve the reclassification Judicial Admin Technician I, Pay Grade 40 (Position number 1060-901) to a Judicial Admin Technician II, pay grade 42.

21 To authorize the application for Mental Health Court grant funds from the Criminal Justice Coordinating Council.

PROBATE COURT

22 To authorize the acceptance of a donation of several gently used office chairs from the Third Naval Construction Regiment, United States Navy Marine Corps Reserve.

COUNTY CLERK

23 To approve the minutes of the following meetings: March 25, 2013 - Agenda Work Session March 26, 2013 - Special Called Meeting/Work Session March 26, 2013 - Regular Meeting of the Board

Page 14 of 152

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: April 9, 2013

PURPOSE To authorize an agreement with Utility Revenue Management Company, Inc. for performance of a Revenue Enhancement Review for the Water System, Program No. C0130.

BACKGROUND

The Water System currently has in excess of 170,000 customer accounts that are billed monthly for water and/or sewer services. Through the proposed Revenue Enhancement Review, we seek to have a third party company analyze our billing and metering operations in an effort to ensure that all customers are billed appropriately for the services that they receive. It is anticipated that the selected firm will use proprietary software and analysis techniques to identify billing anomalies that, when corrected, will result in increased revenues to the Water System. The RFP for this work was advertised in the Marietta Daily Journal on January 18, January 25, February 1, and February 8 of 2013, in accordance with the Selection Process 1 (Competitive Negotiations) of the Policy for Procurement of Professional Services, as amended by the Board on December 20, 2011. Copies of the RFP were requested by seven firms. Proposals were received from two firms on February 14, 2013, both having a significant amount of experience in this work. On March 12, 2013, the Board of Commissioners approved the ranking of the two most qualified firms and authorized negotiations for final scope of services and fees beginning with the highest ranked firm, Utility Revenue Management Company, Inc., (URM.) The Water System has negotiated a final project scope and fees with URM. The fee will be paid as a percentage (60%) of additional revenues actually collected over a three year period. No payment will be made for issues identified that do not, for whatever reason, result in increased revenues.

Comm. Dist.

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Agenda Item Number. 1

Page 15 of 152

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize an agreement with Utility Revenue Management Company, Inc. for the Water System's Revenue Enhancement Review, Program No. C0130, and authorize the Chairman to execute the necessary documents.

Agenda Item Number. 1

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

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

TO: David Hankerson, County Manager

FROM: Stephen D. McCullers, P.E., Director

This item has been electronically signed by:Stephen D. McCullers, P.E., Director

DATE: April 9, 2013

PURPOSE To approve Change Order No. 1 (final) to the construction contract with Unity Construction Co., Inc. for Camden Pointe Subdivision Sewer Line Replacement, Program No. S2044.

BACKGROUND

On October 11, 2011, the Board of Commissioners awarded Unity Construction Co., Inc. a contract to upgrade approximately 4,000 linear feet of 10-inch sewer line to 16-inch ductile iron pipe to address capacity issues. On February 14, 2012, the Board of Commissioners approved Supplemental Agreement No. 1 in the amount of $7,385 to address delays related to Corps of Engineers requirements. The construction has now been completed at a cost of $424,627.10 or $39,450.90 less than the approved contract amount of $464,078.00. The decrease is due to final quantity adjustments involving favorable subgrade conditions and a reduced need for stabilization stones.

Original Contract $456,693.00Supplemental Agreement No. 1 $7,385.00Change Order No. 1 (final) ($39,450.90)

Revised Contract $424,627.10

Comm. Dist.

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Agenda Item Number. 2

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FUNDING No additional funding is required for the Camden Pointe Subdivision Sewer Line Replacement Adopted CIP Budget for Fund 510, Department 500, Unit 5755, Program No. S2044. Decrease Encumbrance GAE 500 510101111403 510-500-5755-8260 S2044-C $39,450.90

Transfer from: Camden Pointe Sewer Line Replacement Construction 510-500-5755-8260 S2044-C $39,450.90

Transfer to: Camden Point Sewer Line Replacement Preliminary Estimates 510-500-5755-8005 S2044-Z $39,450.90

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the construction contract with Unity Construction Co., Inc., a savings to the project in the amount of $39,450.90, for Camden Pointe Subdivision Sewer Line Replacement, Program No. S2044, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap.

Agenda Item Number. 2

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157

186

156

187

148

155

149

188

150

194 195193

185

196

158

Mars Hi ll Rd

County Li ne Rd

Old Stilesboro RdOld Stilesboro Rd

Mclain Rd

Camden Lake Pkwy

Hyatt Dr

Starr Lake Dr

Vixen Ct

Chipping Dr

Waterloo Dr

Brafton Ct

Hollowbrooke Ln

Hedge Brooke Dr

Fripp Ln

Saluda Dr

Stonekirk Pl

Woolwich Ln

Waldenbrooke Ct

Wildlife Trl

Camden Lake Dr

Saluda Ln

Corinault Way

Fripp Ovl

Hedge Brooke Cv

Sunbrook Way

Saluda Ct

Hedge Brooke Ln

Giles Rd

Camden Lake Vw

Mantilla Ct

Fripp Holw

Fripp Ct

Catalonia Ln

Woolwich Ct

Woodgreen Dr

Sunbrook Dr

Kingstree Way

Debidue Ct

Camden Lake Way

Saluda Way

LOCATION MAP

:*

Project

Project: Camden Pointe Subdivision Sanitary Sewer Replacement

Program Number: S2044

Land Lot: 156, 157

District: 20th

Commission District: 1

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

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

TO: David Hankerson, County Manager

FROM: Stephen D. McCullers, P.E., Director

This item has been electronically signed by:Stephen D. McCullers, P.E., Director

DATE: April 9, 2013

PURPOSE To approve Change Order No. 1 (final) to the construction contract with Inland Waters Pollution Control, Inc. for Stewart Reilly Drive Sewer Rehabilitation, Program No. S2051.

BACKGROUND

On August 9, 2011, the Board of Commissioners awarded Inland Waters Pollution Control, Inc. a contract for the rehabilitation of approximately 2,600 linear feet of 24-inch and 36-inch diameter sewer lines with the installation of Cured-In-Place Pipe (CIPP). In addition, fourteen manholes received epoxy lining. The construction has been completed at a cost of $484,124.95 or $35,039.05 less than the approved contract amount of $519,164.00. The decrease is due to final quantity adjustments involving primarily unused testing funds.

Original Contract $519,164.00 Change Order No. 1 (final) ($35,039.05)

Revised Contract $484,124.95

Comm. Dist.

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Agenda Item Number. 3

Page 20 of 152

FUNDING No additional funding is required for the Stewart Reilly Drive Sewer Rehabilitation Adopted CIP Budget for Fund 510, Department 500, Unit 5755, Program No. S2051. Decrease Encumbrance: GAE 500 510080911401 510-500-5755-8260 S2051-C $35,039.05 Transfer from: Stewart Reilly Drive Sewer Rehabilitation Construction Change Order No. 1 (final) 510-500-5755-8260 S2051-C $35,039.05 Transfer to: Stewart Reilly Drive Sewer Rehabilitation Preliminary Estimates 510-500-5755-8005 S2051-Z $35,039.05

RECOMMENDATION The Board of Commissioners approve Change Order No. 1 (final) to the construction contract with Inland Waters Pollution Control, Inc., a savings to the project in the amount of $35,039.05, for Stewart Reilly Drive Sewer Rehabilitation, Program No. S2051, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap.

Agenda Item Number. 3

Page 21 of 152

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121

146

122

145

120

147

Acworth

Due West R

d

Acworth Due W

est Rd

Mars H

ill Church Rd

Mars H

ill Church Rd

Mcclure Rd

Brett Cir

Stewart Reilly Dr

Whitt Station Run

Mars Ct

Peppermill Pl

Barkley Dr

Blowin

g Wind

Dr

Whitt Mill

Rd

Sail Winds Dr

Cheri Lynn Rd

Amysaye Walk

Sail Winds Ct

Whi tt Mil l Ct

Chessie Ct

Walka

bout C

reek C

t

Blowing Wind Ct

Reilly Ct

LOCATION MAP

:*

Project: Stewart Reilly Drive Sanitary Sewer Rehabilitation

Program Number: S2051

Land Lot: 121

District: 20th

Commission District: 1

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

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

TO: David Hankerson, County Manager

FROM: Stephen D. McCullers, P.E., Director

This item has been electronically signed by:Stephen D. McCullers, P.E., Director

DATE: April 9, 2013

PURPOSE To approve a construction contract with Tippins Contracting Co., Inc. for Stilesboro Cove Subdivision Water Main Replacement, Program No.W2238.

BACKGROUND

The Stilesboro Cove Subdivision is currently served by 6-inch asbestos cement water main that is subject to periodic failure and ongoing repair demands. The proposed project will address these deficiencies and bring the area up to current Water System standards. The project includes abandoning the use of approximately 11,400 linear feet of existing 6-inch asbestos cement water main in the Stilesboro Cove Subdivision between Pine Mountain Road and Kennesaw Oaks Trail and replacing it with 6-inch ductile iron pipe and all related appurtenances. Bids for construction were received on March 14, 2013, and the results of the bid were as follows:

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

Tippins Contracting Co., Inc. $744,410.00K. M. Davis Contracting Co., Inc. $811,805.00Ray Campbell Contracting Co., Inc. $819,505.00T. J. Lyle & Co. Inc. $864,126.52John H. Pruett Construction Co., Inc. $902,575.50Site Engineering, Inc. $956,025.00Wade Coots Company, Inc. $964,335.00

Comm. Dist. 1

Agenda Item Number. 4

Page 23 of 152

FUNDING Funding is available in the Water System’s Stilesboro Cove Subdivision Water Line Replacements and in the Water System’s Asbestos / Cement Water Line Replacements Adopted CIP Budget for Fund 510, Department 500, Org 5754, Program No. W2238.

Preliminary Estimate 510-500-5754-8005 W2055-Z $223,525.00 Total $773,525.00 Transfer to: Stilesboro Cove Subdivision Water Main Replacement Construction 510-500-5754-8260 W2238-C $744,410.00

Transfer from: Stilesboro Cove Subdivision Water Main Replacement Preliminary Estimates 510-500-5754-8005 W2238-Z $550,000.00

Asbestos/Cement Water Line Replacement

Interest Expense on Retainage 510-500-5754-6613 W2238-A $3,725.00Administration 510-500-5754-8205 W2238-A $500.00 Materials and Supplies 510-500-5754-8265 W2238-M $10,000.00Contingency 510-500-5754-8810 W2238-T $14,890.00Total $773,525.00

RECOMMENDATION The Board of Commissioners approve a construction contract with Tippins Contracting Co., Inc., in the amount of $744,410.00, for Stilesboro Cove Subdivision Water Main Replacement, Program No. W2238, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap.

Agenda Item Number. 4

Page 24 of 152

178 177

203 204

165 166

179

202

164

216 215

205

176

217

167

214

Pine Mountain Rd

Kennesaw Due West Rd

Cobb Pkw

y

Shil lings Rd

Ellis RdWoodland Dr

Trilleck Dr

Lakewood Dr

Sycamore Dr

Elmhurst Blvd

Melody Ln

Due West Cir

Kennesaw Dr

Tayside Xing

Sumit Wood Dr

Dobbs Dr

Kaley Dr

Ridgecr est D

r

Live O

ak D

r

Forrest Dr

Shad

y Ln

Stonewood Dr

Westover Ln

Chato

u Pl

Hollins Dr

Hilton Cir

Anmore Xing

Country Ln

Tift Way

Beckley Pl

Masonwood Dr

Shillingwood Dr

Twiggs Cv

Battlewood Dr

Black Gum Dr

Antonia Pl

Dreux Ct

Bluff Dr

Loudon Ln

Pine D

r

Sumit Creek Dr

General Hooker Trl

Johnsto

n Trl

Country Ct

Denian Ct

Spicewood Ln

Catawba Dr

Edenberry

Ln

Burnt Wood Dr

Grant Cir

Shillin

gs Ch

ase Ct

Wickford Dr

Steel Wood Dr

Gabriel Way

Union CtKaley Ln

Waleska Dr

Mounta

in O

ak Rd

Shilling

s Chas

e Dr

Confederate T

rl

Marne G

ln

Butler C

reek Rd

Ardglass C

t

Gabrie

l Ln

Woodland Pl

Kild

are W

ay

Stiles b

oro Ridge W

ay

Elmhurst Ct

Black Gum

Ct

Wellcrest Pl

Sumi t C

t

Water d

ance Ln

Wellcrest Ct

White Oak Ct

Pine D

r

LOCATION MAP

:*

Project

Project: Stilesboro Cove S/D Water Main Replacement

Program Number: W2238

Land Lots: 177,178

District: 20th

Commission District: 1

Page 25 of 152

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: April 9, 2013

PURPOSE To authorize the acceptance of Flood Hazard Mitigation Grant Program (HMGP-1973-0045) Rubes Trickum from the Georgia Emergency Management Agency for purchase of 10 properties impacted by flooding, Program No. SW1393.

BACKGROUND

The unprecedented flood of September, 2009, resulted in damage to hundreds of homes within Cobb County. To date, the County has been authorized to receive grant funding from the Georgia Emergency Management Agency (GEMA) through Grant Program HMGP-DR-1858-0013 to acquire 47 homes that met the related criteria. On March 20, 2013, Cobb County received notification via email from the Federal Emergency Management Agency (FEMA) Congressional Affairs office that grant funding has been approved for Cobb County to acquire 10 additional properties, demolish any remaining structures, and return the property to deed-restricted green space, as included in Cobb County’s grant application, and as authorized by the Cobb County Board of Commissioners on October 23, 2012. Even though these properties were not in the declared 2009 disaster area, funding was made available because of repetitive losses at those addresses. As stipulated in the original grant, this grant amendment is a cost-share agreement between FEMA (federal), GEMA (state), and Cobb County (local), with the following respective cost share amounts:

Federal Share (75%) $1,800,650.00

State Share (10%) $240,086.00

Local (Cobb) Share (15%) $360,130.00

Comm. Dist.

2,3,4

Agenda Item Number. 5

Page 26 of 152

The following 10 properties are included in this property acquisition grant:

Each of the affected homeowners has been contacted, each has signed an affidavit declaring U.S. citizenship, and each has signed a “Notice of Voluntary Interest” form acknowledging that this program is strictly voluntary on the part of all parties concerned.

Total Grant Amount $2,400,866.00

1910 Pair Rd. 103 North Lakeside Dr. 202 Northside Dr. 1833 Blackwater Dr. 1835 Blackwater Dr. 1837 Blackwater Dr. 1839 Blackwater Dr. 1841 Blackwater Dr. 4639 Breakwater Way 3891 Clubland Dr.

FUNDING Funding was previously approved on the October 23, 2012 agenda.

RECOMMENDATION The Board of Commissioners authorize acceptance of Flood Hazard Mitigation Grant Program (HMGP 1973-0045) Rubes Trickum from the Georgia Emergency Management Agency, for purchase of 10 properties impacted by flooding, Program No. SW1393; and authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap.

Map.

Map.

Map.

Agenda Item Number. 5

Page 27 of 152

710

697

711

696

709

698

771770 772

636637 635

Pair Rd

Sasanqua Ln

Fern Valley Dr

Boxle

af Dr

Leatherleaf Dr

Hollyrid

ge Trl

North Milford Creek Ln

Milfo

rd Tr

l

Wo

od

mo

re D

r

We

l lbo

r n W

ay

Sparro

w W

ood Ln

Burk

wood C

t

Milfo

rd Trc

e

Leatherle

af C

t

Silverchase Dr

Bay

Berry

Dr

Hic

ko

ry R

idg

e C

t

Wellborn C

t

Silverchase Cir

LOCATION MAP

:*

Project: 1910 Pair Road

Program Number: SW1393

Land Lot: 710

District: 19th

Commission District: 4

Description: Acquisition of Floodplain Property (HMGP-1973)

Project

(1910 Pair Road)

Page 28 of 152

9091

127126

5554

56

89

1660

1640

1890

1860

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1624

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4645 4636

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04986

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1650

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1635

1648

1647

4890

1775

2209

4648

1938

4642

1941

Kemp Rd

North

River T

rl

North Landing Way

LOCATION MAP

:*

Project: Blackwater Drive and Breakwater Way Properties

Program Number: SW1393

Land Lots: 91, 127

District: 16th

Commission District: 3

Description: Acquisition of Floodplain Property (HMGP-1973)

Project (Blackwater Drive)

Project

(4639 Breakwater Way)

Page 29 of 152

11121113

1121 1120

10481049

1111

1114

11191122

11851184

1050

1047

11861183

4001

418

460

398

633

290

408

638

408

4061

656

420 421

625

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363

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649

644

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392039103939

40203576

7033568 3572 35843580

36423648

3750

347

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297

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617 711 4050601

3730

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443

3735

611

4075

575

580

4001

Clubland Dr

Indian Hills Pkw

y

Indian Hills Trl

LOCATION MAP

:*

Project: 3891 Clubland Drive

Program Number: SW1393

Land Lot: 1112

District: 16th

Commission District: 2

Description: Acquisition of Floodplain Property (HMGP-1973)

Project

(3891 Clubland Drive)

Page 30 of 152

357

292

358

364

291

363

356

293

365

325

210

114

125112

104270

200

108

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216

265

185

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102

103

202121

112

183

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177

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119

266

193

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201

180

3602

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3441

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175

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210

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186

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101

179

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114

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108

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345 334

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36923774

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398

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3680390

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384

38113506

3502

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378

3622

3615

3808

3804

3618

3530

3526

3522

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3683

3518

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3610

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3824

3509

3513

3517 3819

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3675

3821

3823

3505

555

288

367

3499

3517

3523

576 552

34963474

3514

3502

3480

Tow

np

ark

Dr

Chastain Rd

Tow

np

ark

Dr

Lak

esi

de

Dr

§̈¦575

§̈¦575

LOCATION MAP

:*

Project: 202 Northside Drive and 103 North Lakeside Drive

Program Number: SW1393

Land Lot: 357

District: 16th

Commission District: 3

Description: Acquisition of Floodplain Property (HMGP-1973)

Project (202 Northside Drive)

Project (103 North Lakeside Drive)

Page 31 of 152

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: April 9, 2013

PURPOSE To accept Flood Hazard Mitigation Grant Program (HMGP 1973-0041) from the Georgia Emergency Management Agency to purchase the residential property located at 2879 Clay Road, Program No. SW1392.

BACKGROUND The unprecedented flood of September, 2009, resulted in damage to hundreds of homes within Cobb County. To date, the County has been authorized to receive grant funding from the Georgia Emergency Management Agency (GEMA) through Grant Program HMGP-DR-1858-0013 to acquire 47 homes that met the related criteria in Unincorporated Cobb County. This particular residence at 2879 Clay Road was later found eligible to participate in this grant program as a result of Cobb County restudy of Sweetwater Creek, and from a subsequent Elevation Certificate survey. Grant funding has been awarded by the Federal Emergency Management Agency (FEMA) to Cobb County to acquire the property, demolish any remaining structures, and return the property to deed-restricted green space. As stipulated in the original grant, this grant amendment is a cost-share agreement between FEMA (federal), GEMA (state), and Cobb County (local), with the following respective cost share amounts:

Federal Share (75%) $116, 303.00 State Share (10%) $15,507.00

Local (Cobb) Share (15%)

Total Grant Amount

$23,260.00

$155,070.00

Comm. Dist. 4

Agenda Item Number. 6

Page 32 of 152

The affected homeowner has been contacted, and has signed an affidavit declaring U.S. citizenship and has signed a “Notice of Voluntary Interest” form acknowledging that this program is strictly voluntary on the part of all parties concerned.

FUNDING Funding was previously approved in the October 9, 2012 agenda.

RECOMMENDATION The Board of Commissioners authorize the Cobb County Water System to accept Flood Hazard Mitigation Grant Program (HMGP 1973-0041) from the Georgia Emergency Management Agency, to purchase the residential property located at 2879 Clay Road, Program No. SW1392, and authorize the Chairman to execute the necessary documents.

ATTACHMENTSMap

Agenda Item Number. 6

Page 33 of 152

11351134

10871086

1060 1061

1133

1160

1088

1161

1059

1136

1162

1085

1062

1159

Clay Rd

Ewing Rd

Nat ur e Trl

Betula Dr

Victoria Ln

Mitchel l L n

Sweetwater Valley Rd

Rugosa Way

Cypress Club Trl

Water Valley Rd

Ceylon Dr

Pavia Cir

Whi tewat er Ct

Flintlock Pl

Greystone Pl

Greystone Ct

Willow Ln

Valley Ln

Lazy Hollow LnNature Ln

Duck Ct

Flintlock Pl

LOCATION MAP

:*

Project: 2879 Clay Road

Program Number: SW1392

Land Lot: 1189

District: 19th

Commission District: 4

Description: Purchase of Floodplain Property

Page 34 of 152

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: April 9, 2013

PURPOSE To approve Lease Amendment No. 4 to the Atlanta Executive Jet Center, LLC South Fixed Based Operator Lease and Operating Agreement for the construction of a Customs Inspection Facility at Cobb County Airport-McCollum Field.

BACKGROUND

On December 20, 2011, the Board approved a Memorandum of Agreement (MOA) with U.S. Customs and Border Protection (CBP) to provide customs inspection services at Cobb County Airport-McCollum Field. On October 9, 2012, the Board approved the Transfer, Assignment, and Consent Agreements for the transfer of both the North and South Fixed Based Operator Leases to Atlanta Executive Jet Center, LLC (AEJC).

On December 20, 2012, the Board approved Lease Amendment No. 3 to the AEJC South Fixed Based Operator Lease and Operating Agreement requiring AEJC to comply with new obligations, including reimbursement to the County for expenses associated with providing customs inspection services, per terms of the MOA with CBP, for a minimum of 10 years, and constructing a facility that meets the standards defined in the MOA. AEJC will be permitted to collect fees from users of the customs inspection services.

Comm. Dist.

1

Agenda Item Number. 7

Page 35 of 152

Details for action requested are as follows: Lease Amendment No. 4 to the AEJC South Fixed Based Operator Lease and Operating Agreement is requested to streamline the construction of the Customs Inspection Facility by allowing the County to take the lead role in the design and construction phases of this project. AEJC will provide 100 percent funding for all phases of this project, to include reimbursement of all associated miscellaneous expenditures within 14 days of notification. The County will be responsible for project management of all phases of this project, as well as all coordination required with Federal and State agencies. Agenda items to award contracts for the design and construction of the Customs Inspection Facility will be presented to the Board at a later date. AEJC will continue to be responsible for all obligations and expenses required to operate the customs inspection services, as outlined in the MOA with CBP, for a minimum of 10 years.

The County Attorney has reviewed Lease Amendment No. 4 to the AEJC South Fixed Based Operator Lease and Operating Agreement.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve Lease Amendment No. 4 to the Atlanta Executive Jet Center, LLC (AEJC) South Fixed Based Operator (FBO) Lease and Operating Agreement for the construction of a Customs Inspection Facility at Cobb County Airport-McCollum Field, and authorize the Chairman to execute the necessary documents.

ATTACHMENTSAtlanta Executive Jet Center, LLC, South Fixed Based Operator Lease and Operating

Agreement Lease Amendment No. 4 to be provided under separate cover

Agenda Item Number. 7

Page 36 of 152

Atlanta Executive Jet Center, LLC, South Fixed Based Operator Lease and Operating

Agreement Lease Amendment No. 4 to be provided under separate cover

Page 37 of 152

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, Transportation Agency Director Jackie McMorris, Public Services Agency Director

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

DATE: April 9, 2013

PURPOSE To approve Amendment No. 2 to the Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority for an amended FY12 Federal Transit Administration New Freedom Disabled Senior Transportation Voucher Program.

BACKGROUND

The New Freedom Program is a transit program under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU). This formula-based program was established to provide transportation services for disabled persons and was intended to provide funding for transportation services that go beyond what is required under the Americans with Disabilities Act. The program stipulated that in urbanized areas with over 200,000 in population, the Chief Executive Officer of the State must designate one or more public bodies to be the recipient(s) of certain Federal Transit Administration (FTA) funds. The Governor of the State of Georgia designated the Metropolitan Atlanta Rapid Transit Authority (MARTA) and the Atlanta Regional Commission (ARC) as the designated recipients of New Freedom Program funds for the metropolitan Atlanta region.

Comm. Dist. 4

Agenda Item Number. 8

Page 38 of 152

Through the ARC regional planning and programming process, Cobb County has been allocated additional FY2012 Federal funding in the amount of $121,595.00. In conjunction with Cobb County Senior Services, the Department proposes to use these funds to continue the Transportation Voucher Program for disabled senior citizens, 60 years of age and older, who qualify for Cobb Community Transit (CCT) Paratransit services but live outside the complementary paratransit service area. The Department and Senior Services coordinate the management and implementation of the voucher program in order to provide an effective coordinated human services transportation program. On February 26, 2008, the Board of Commissioners approved a Subgrant Agreement with MARTA for the FTA New Freedom Disabled Senior Transportation Voucher Program in the amount of $650,000.00. On May 12, 2009, the Board approved an amendment to the Subgrant Agreement with MARTA for a revision to the New Freedom Disabled Senior Voucher Program, which increased the total annual voucher allotment for certain program participants. To obtain these Federal funds, Cobb County must amend the current Subgrant Agreement with MARTA. The New Freedom program provides up to 50 percent Federal funding for operating expenses with a 50 percent local match requirement. The total funding for this project is $243,190.00, of which the Federal portion will be $121,595.00. The County’s 50 percent local match will be $121,595.00. The Department recommends the Board authorize the Department of Transportation Planning Division Manager to be the official representative to coordinate with MARTA in connection with the executed amendment to the Subgrant Agreement and to provide such additional information as may be required. Amendment No. 2 to the Subgrant Agreement with MARTA has been reviewed by the County Attorney’s Office.

IMPACT STATEMENT

Approval of Amendment No. 2 to the Subgrant Agreement with MARTA for the FY2012 New Freedom Program funding will require a $121,595.00 local match. Of this amount, $108,776.00 is available in the Transit Capital Fund Contingency, with the remaining $12,819.00 projected from receipt of client co-pays. With the addition of these grant funds, it is anticipated that the life of the program will be extended for two additional years.

Moving Ahead for Progress in the 21st Century Act (MAP 21), which is the new transportation legislation reauthorizing surface transportation programs through FY2014, discontinued the New Freedom Section 5317 Program established under SAFETEA-LU. For this reason, FY2012 is the last year this funding will be available to Cobb County. However, new transit grant programs which have the potential to generate comparable Federal funding for the County are authorized under MAP 21.

Agenda Item Number. 8

Page 39 of 152

FUNDING Appropriate the receipt of additional Federal funding from MARTA for the New Freedom Disabled Senior Transportation Voucher Program and additional projected revenue from client co-pays to the FY2013 Grant Fund as follows:

Local match funding is available in the FY2013 Transit Capital Fund with the following budget transfer:

Increase Revenue Appropriations: 270-050-G061-4446 (FTA 5317-New Freedom Program)

$121,595.00

270-050-G061-4597 (New Freedom Program Revenue)

$ 12,819.00

Increase Expenditure Appropriations: 270-050-G061-6326 (Professional Services)

$ 50,000.00

270-050-G061-6438 (General Printing) $ 2,500.00

270-050-G061-6336 (Transportation Vouchers) $ 76,914.00

270-050-G061-6418 (Special Events & Promotions) $ 5,000.00

Transfer from: 202-050-4899-8005 $108,776.00

Transfer to:270-050-G061-4960/6326 (Professional Services) $ 50,000.00

270-050-G061-4960/6438 (General Printing)

$ 2,500.00

270-050-G061-4960/6336 (Transportation Vouchers)

$ 51,276.00

270-050-G061-4960/6418 (Special Events & Promotions) $ 5,000.00

RECOMMENDATION

The Board of Commissioners approve Amendment No. 2 to the Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority (MARTA) for an amended FY12 Federal Transit Administration (FTA) New Freedom Disabled Senior Transportation Voucher Program; authorize the corresponding budget transactions; authorize the Planning Division Manager to be the official representative to act in connection with the executed amendment to the Subgrant Agreement; and further authorize the Chairman to execute the necessary documents, in a form

Agenda Item Number. 8

Page 40 of 152

substantially similiar to the attached.

ATTACHMENTSAmendment

Agenda Item Number. 8

Page 41 of 152

1

AMENDMENT NO. 2

TO

MARTA/COBB COUNTY NEW FREEDOM SENIOR TRANSPORTATION

VOUCHER ASSISTANCE PROGRAM

SUB-GRANT AGREEMENT

WHEREAS, the Metropolitan Atlanta Rapid Transit Authority (hereinafter referred to as

“MARTA” or “the Authority”) entered into a sub-grant agreement (hereinafter referred

to as an “Agreement”) with Cobb County (hereinafter referred to as the “County” or the

“Sub-Grantee”) on June 19, 2008, for the pass-through of Federal Transit

Administration (“FTA”) Section 5317 New Freedom program funds, awarded under FTA

Grant No. GA-57-X002, for the provision of the Transportation Voucher program for

qualified disabled senior citizens residing in Cobb County ; and

WHEREAS, the Atlanta Regional Commission (ARC) has recently allocated $121,595.00

in additional FTA Section 5317 New Freedom funds for the continuation and extension

of the Senior Transportation Voucher Assistance program; and

WHEREAS, FTA Grant No. GA-57-X002 is being amended to add $121,595.00 in FY

2012 New Freedom federal funding to the grant for continuation of the Senior

Transportation Voucher Assistance program , and the Sub-Grantee must provide the

required local match for the additional funds; and

WHEREAS, the FY2012 New Freedom funds are eligible for FTA Pre-Award

Expenditure Authority in advance of the FTA’s actual award/obligation of the

$121,595.00 in a grant contract to MARTA; and

WHEREAS, the Sub-Grantee has committed a 50 percent Local Matching Share of

$121,595.00 for the FY2012 federal New Freedom funds allocated; and

NOW THEREFORE, it is mutually agreed that the Agreement between MARTA and the Sub-Grantee be amended as follows:

1. Project Budget. The Project Budget, reflected in Attachment B-1 shall be

increased by $243,190.00, representing the additional $121,595.00 in FY2012

New Freedom federal funds allocated to the Sub-Grantee and the required 50

percent local share match of $121,595.00. The total Amended Subgrant Project

Budget shall now be $893,190.00, with a Federal Share of $446,595.00 and a

Local share of $446,595. 00.

Page 42 of 152

2

2. Time of Performance. Work and services shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment “A”. The Project shall commence at such time as the existing, original grant funds in the amount of $325,000.00 and associated local match of $325,000.00 have been fully expended. The Project shall end when the revised total grant funds in the amount of $446,595.00 and associated local match of $446,595.00 have been fully expended.

3. Assurances. In addition to those FTA regulations and circulars cited in the existing agreement, the Sub-Grantee hereby assures and certifies that:

It will comply with the regulations, policies, guidelines and requirements contained in FTA Circular 4702.1A, "Title VI and Title VI-Dependent Guidelines to Federal Transit Recipients"; EEO Circular UMTA C 4704.1, “Equal Employment Opportunity Program Guidelines for Grant Recipients”; and 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

NOW, THEREFORE, both parties to the original Agreement agree to said Amendment,

consisting of the modifications as listed above.

All the terms, obligations and conditions of the original Agreement dated June 19, 2008

among the parties shall, and hereby do continue in full force and effect, except and only

to the extent as modified above.

IN WITNESS WHEREOF, the Sub-Grantee and MARTA have executed this Amendment

No. 2 to the Agreement as of the date first above written.

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY COBB COUNTY, GEORGIA By: _________________________ By: ______________________ Keith Parker, AICP Timothy D. Lee General Manager/CEO Chairman, Cobb County Board of Commissioners APPROVED AS TO FORM: APPROVED AS TO FORM: ____________________________ _________________________ Miriam D. Lancaster Chief of Corporate Law County Attorney’s Office MARTA Cobb County, Georgia

Page 43 of 152

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: April 9, 2013

PURPOSE To approve Amendment No. 2 to the Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority for a FY2012 Federal Transit Administration Job Access and Reverse Commute Program Operating Assistance Grant for Cobb Community Transit Route 30.

BACKGROUND

On April 8, 2008, the Board of Commissioners approved a Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority (MARTA) for the Job Access and Reverse Commute (JARC) Program. The Atlanta Regional Commission (ARC) and MARTA were the federally designated recipients of JARC funding in the Atlanta area under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The JARC grant provides funding for operating costs that involve reverse commuting, travel vouchers, and other programs that benefit low-income earners, disabled persons, and/or older adults who use transit or other transportation alternatives for trips related to employment, healthcare, basic necessities and quality of life. The Department utilizes funds from this program to assist with the provision of service on Cobb Community Transit (CCT) Route 30. On April 14, 2009, the Board authorized the implementation of CCT Route 30 service enhancements to include additional weekday morning and evening trips and reduced headways on weekday trips, and approved an agreement with MARTA for additional funds for the JARC Program. On September 27, 2011, the Board approved a Subgrant Agreement with MARTA for a FY2011 FTA JARC Program Operating Assistance Grant for CCT Route 30 in the amount of $1,050,790.00.

Comm. Dist.

All

Agenda Item Number. 9

Page 44 of 152

On May 22, 2012, the Board approved Amendment No. 1 to the Subgrant Agreement with MARTA for a FY2012 FTA JARC Program Operating Assistance Grant for CCT Route 30 in the amount of $1,200,000.00. The Department submitted an application to the ARC for additional FY2012 JARC Program funds and has been awarded funding for continuation and enhancement of transit services on CCT Route 30. To obtain available JARC Program funding of $1,219,796.00, the County must amend the current Agreement with MARTA. Under this amended agreement, the JARC Program will provide an additional 50 percent Federal funding, or $609,898.00, for CCT Route 30 operating expenses. The County will be required to provide a 50 percent local match, or $609,898.00, which is available in the Transit Division’s FY2013 adopted Operating budget. Acceptance of this funding will allow the reallocation of $609,898.00 to the Transit Capital Fund to be used as local match for future FTA grants, as approved by the Board. The Department recommends the Board authorize the Department of Transportation Planning Division Manager to be the official representative to coordinate with MARTA in connection with the executed amendment to the Subgrant Agreement and to provide such additional information as may be required. Amendment No. 2 to the Subgrant Agreement with MARTA has been reviewed by the County Attorney’s Office.

IMPACT STATEMENT

Approval of Amendment No. 2 to the Subgrant Agreement with MARTA for JARC Program funding will result in a savings of $609,898.00 to the Transit Operating Fund. The additional revenue received will be utilized to offset the General Fund contribution currently budgeted for operation of CCT Route 30. The General Fund contribution currently budgeted, in the amount of $609,898.00, will be reallocated to the Transit Capital Fund for use as local match on future FTA grants, as approved by the Board. No additional County funding is required for this amendment to the Subgrant Agreement with MARTA for JARC Program funding. Moving Ahead for Progress in the 21st Century Act (MAP 21), which is the new transportation legislation reauthorizing surface transportation programs through FY2014, discontinued the Job Access and Reverse Commute (JARC) Program established under SAFETEA-LU. For this reason, FY2012 is the last year this funding will be available to Cobb County under the current competitive process. However, a restructured JARC grant program, which has the potential to generate comparable federal funding for the County, was authorized under MAP 21.

Agenda Item Number. 9

Page 45 of 152

FUNDING Local match funding is available in the Transit Division’s FY2013 approved Operating budget as follows:

Appropriate receipt of additional funding from MARTA for the FY2012 Federal Transit Administration JARC Program to the Transit Division's FY2013 approved Operating budget as follows:

Reallocate the reduced General Fund Contribution required for the Transit Division's FY2013 approved Operating budget to the FY2013 Transit Capital Fund Contingency as follows:

200-050-4802-6327 $609,898.00

Increase Revenue Appropriation: 200-050-4802-4445 $609,898.00

Decrease Revenue Appropriation: 200-050-4802-4960 $609,898.00

Increase Revenue Appropriation: 202-050-4899-4960 $609,898.00

Increase Expense Appropriation: 202-050-4899-8005 $609,898.00

RECOMMENDATION The Board of Commissioners approve Amendment No. 2 to the Subgrant Agreement with the Metropolitan Atlanta Rapid Transit Authority (MARTA) for a FY2012 Federal Transit Administration (FTA) Job Access and Reverse Commute (JARC) Program Operating Assistance Grant for Cobb Community Transit (CCT) Route 30; authorize the corresponding budget transactions; authorize the Department of Transportation Planning Division Manager to be the official representative to act in connection with the executed amendment to the Subgrant Agreement; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSAmendment No. 2 to MARTA/Cobb County Job Access and Reverse Commute Program

Sub-Grant Agreement

Agenda Item Number. 9

Page 46 of 152

1

AMENDMENT NO. 2

TO

MARTA/COBB COUNTY JOB ACCESS AND REVERSE COMMUTE

PROGRAM

SUB-GRANT AGREEMENT

WHEREAS, the Metropolitan Atlanta Rapid Transit Authority (hereinafter referred to as

“MARTA” or “the Authority”) entered into a sub-grant agreement (hereinafter referred

to as an “Agreement”) with Cobb County (hereinafter referred to as the “County” or the

“Sub-Grantee”) on October 1, 2011, and Amendment Number One to the Agreement, for

the pass-through of Federal Transit Administration (“FTA”) Section 5316 Job Access

and Reverse Commute (JARC) program funds, awarded under FTA Grant No. GA-37-

X014-03, for the provision of Bus Service on Cobb Community Transit (CCT) Route 30;

and

WHEREAS, the Atlanta Regional Commission (ARC) has recently allocated

$609,898.00 in additional FTA Section 5316 JARC funds for the continuation and

extension of the CCT Route 30 Bus Service; and

WHEREAS, FTA Grant No. GA-37-X014-03 is being amended to add $609,898.00 in

additional FY 2012 JARC federal funding to the grant for continuation of CCT’s Route

30 service , and the Sub-Grantee must provide the required local match for the

additional funds; and

WHEREAS, the FY 2012 JARC funds are eligible for FTA Pre-Award Expenditure

Authority in advance of the FTA’s actual award/obligation of the $609,898.00 in a grant

contract to MARTA; and

WHEREAS, the Sub-Grantee has committed a 50 percent Local Matching Share of

$609,898.00 for the FY2012 federal JARC funds allocated; and

WHEREAS, the Agreement between MARTA and Sub-Grantee requires an extension of

time to allow for the expenditure of the additional funds.

NOW THEREFORE, it is mutually agreed that the Agreement between MARTA and the Sub-Grantee be amended as follows:

1. Project Budget. The Project Budget, reflected in Attachment B-1 shall be

increased by $1,219,796.00, representing the additional $609,898.00 in FY2012

JARC federal funds allocated to the Sub-Grantee and the required 50 percent

local share match of $609,898.00. The total Amended Subgrant Project Budget

shall now be $3,470,586.00, with a Federal Share of $1,735,293.00 and a Local

share of $1,735,293. 00.

Page 47 of 152

2

2. Time of Performance. Work and services shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment “A”. The Project shall commence at such time as the existing, grant funds in the amount of $1,125,395.00 and associated local match of $1,125,395.00 have been fully expended, and the project term shall be extended until either December 31, 2014, or the date when the amended Project Budget is fully expended, whichever occurs earlier.

3. Assurances. In addition to those FTA regulations and circulars cited in the existing agreement, the Sub-Grantee hereby assures and certifies that:

It will comply with the regulations, policies, guidelines and requirements contained in FTA Circular 4702.1A, "Title VI and Title VI-Dependent Guidelines to Federal Transit Recipients"; EEO Circular UMTA C 4704.1, “Equal Employment Opportunity Program Guidelines for Grant Recipients”; and 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

NOW, THEREFORE, both parties to the original Agreement agree to said Amendment,

consisting of the modifications as listed above.

All the terms, obligations and conditions of the original Agreement dated October 1,

2011 and Amendment No. 1, among the parties shall, and hereby do continue in full

force and effect, except and only to the extent as modified above.

IN WITNESS WHEREOF, the Sub-Grantee and MARTA have executed this Amendment

No. 2 to the Agreement as of the date first above written.

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY COBB COUNTY, GEORGIA By: _________________________ By: ______________________ Keith Parker, AICP Timothy D. Lee General Manager/CEO Chairman, Cobb County Board of Commissioners APPROVED AS TO FORM: APPROVED AS TO FORM: ____________________________ _________________________ Miriam D. Lancaster Chief of Corporate Law County Attorney’s Office MARTA Cobb County, Georgia

Page 48 of 152

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

This item has been electronically signed by:John A. Reida, Director

DATE: April 9, 2013

PURPOSE To approve a storage space license agreement with the Strand Theater.

BACKGROUND The Cherokee Street Parking Deck at 115 Waddell Street was originally constructed with small enclosed spaces at the front that are roughed in for two restrooms. These were intended to be used by bus drivers stopped at a downtown Marietta bus stop. The bus stop at the parking deck was never constructed nor were the restrooms completed. This area has remained vacant since the deck was built and is available for storage use. Currently, the Strand Theater has need of additional space for the storage of props and miscellaneous items. This agenda item is for a license agreement with the Strand Theater for the use of the unconditioned former restroom spaces consisting of approximately 350 square feet located at the Cherokee Street Parking Deck. The term will begin upon execution of the agreement and shall continue for a period of one year, which term shall automatically renew annually thereafter unless terminated by either party upon 30 days notice. License is in the amount of $100.00 per year.

FUNDING Revenue will be received into Parking Deck Fund: 240-110-4820-4870 (rental of County property)

Comm. Dist.

All

Agenda Item Number. 10

Page 49 of 152

RECOMMENDATION The Board of Commissioners approve an annual license agreement with the Strand Theater for use of unfinished restroom space at the exterior of the Cherokee Street Parking Deck, located at 115 Waddell Street, at the rate of $100.00 per year, and authorize the Chairman to execute the necessary documents. ATTACHMENT License agreement provided under separate cover.

Agenda Item Number. 10

Page 50 of 152

Cobb County Police Department John R. Houser, Police Chief

140 North Marietta Parkway Marietta, Georgia 30060-1454

TO: David Hankerson, County Manager

FROM: John R. Houser, Police Chief Jack Forsythe, Public Safety Director

This item has been electronically signed by:John R. Houser, Police Chief Jack Forsythe, Director of Public Safety

DATE: April 9, 2013

PURPOSE To authorize the acceptance of a donation of K9 equipment from the Rotary Club of Vinings, Vinings Business Association, Bill and Brenda Borden, Marietta Metro Rotary and the Cool Dreams Foundation.

BACKGROUND The K9 Unit Donation Fund was established on March 8, 2011 to accept monetary donations from the community for the enhancement of the K9 Unit and the general expenses related to the well-being of the canines. The Rotary Club of Vinings wishes to make a generous donation of equipment in lieu of a monetary donation.

The donated equipment includes a kennel and heat alert system to be installed in a K9 Unit vehicle. The approximate value of the equipment is $3,000.00.

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize the acceptance of K9 Unit equipment from the Rotary Club of Vinings, Vinings Business Association, Bill and Brenda Borden, Marietta Metro Rotary and the Cool Dreams Foundation.

Comm. Dist. All

Agenda Item Number. 11

Page 51 of 152

Cobb County Fire & Emergency Services Sam D. Heaton, Fire Chief

1595 County Services Pkwy Marietta, Georgia 30008-4021

TO: David Hankerson, County Manager

FROM: Jack Forsythe, Public Safety Director Sam Heaton, Fire Chief

This item has been electronically signed by:Sam Heaton, Fire Chief Jack Forsythe, Director of Public Safety

DATE: April 9, 2013

PURPOSE To authorize the acceptance of a sponsorship for two firefighting personnel to attend industrial petroleum fire training from the Colonial Pipeline Company.

BACKGROUND The Colonial Pipeline Company has extended an offer to Cobb Fire & Emergency Services to sponsor two firefighting personnel at the upcoming five- day Williams Fire “Xtreme Industrial Fire and Hazard Training” course in Beaumont, Texas during the week of June 2, 2013. With the large Colonial Pipeline petroleum storage facility based in Cobb County, this course will offer invaluable training in the area of fire suppression, hazard control, and advanced flammable liquid firefighting technology. Colonial Pipeline will pay Williams Fire directly for the $7,200 projected cost to sponsor two Cobb Fire & Emergency Services employees. There are no other costs or obligations to be incurred by Cobb County in this endeavor. This is the third year Colonial has extended this offer to CCFES to better equip Cobb firefighting personnel with state of the art techniques and best industry practices for responding to incidents involving industrial fires and other incidents.

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize the acceptance of a sponsorship from the Colonial Pipeline Company, for two firefighting personnel to attend industrial petroleum fire training.

Comm. Dist. All

Agenda Item Number. 12

Page 52 of 152

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: April 9, 2013

PURPOSE To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on March 14, 2013 by the License Review Board for Anthony Gibbs.

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 March 14, 2013, the License Review Board conducted an appeal hearing for Anthony Gibbs in regard to the denial of his 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 Mr. Gibbs.

FUNDING N/A

RECOMMENDATION The Board of Commissioners review the summary of the Appeal Hearing of March 14, 2013 for Anthony Gibbs, and affirm the decision of the License Review Board.

ATTACHMENTSSummary of Appeal Hearing, March 14, 2013

Online License Review Board Questionnaire

Comm. Dist. 2

Agenda Item Number. 13

Page 53 of 152

Summary of Appeal Hearing before the Cobb County License Review Board for Anthony Gibbs, Alcohol Permit while currently working at Buckhead Pizza Co., located at 2 Galleria Parkway, Suite 1C-27, Atlanta, Georgia 30339. On March 14, 2013 the hearing was conducted in the Bid Room, located at 1772 County

Services Parkway, Marietta, Georgia 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. Sergeant Bonnie Smith with the Cobb County Police Department’s Regulatory Services and Permits Unit testified that Anthony Gibbs truthfully indicated on the alcohol permit application that he had two Driving under the Influence convictions. One conviction was in September 2008 and one conviction was in April 2011. Mr. Gibbs stated that he was unable to obtain a letter from his probation officer stating that his employment at Buckhead Pizza Co. was not a violation of his probation. Mr. Gibbs explained to the License Review Board that he was able to obtain a letter from the sentencing judge stating the he has completed the Gwinnett County DUI Court Program and that Mr. Gibbs has no probation violations. Mr. Gibbs provided a copy of the letter to the License Review Board. Mr. Gibbs stated that he is now working at Buckhead Pizza Co. delivering pizza. Mr. Gibbs stated that he previously worked at Taco Mac and Buckhead Diner. Mr. Gibbs stated the he has turned his life around since his last arrest two years ago. Mr. Gibbs stated that when he was arrested he spent thirty-six hours in custody with a man that was in custody for double homicide. Mr. Gibbs stated that the experience in custody was an awful experience. Mr. Gibbs stated that he is now training for management at Buckhead Pizza Co. and that a management position requires an alcohol permit. Mr. Gibbs stated that this is the last step of this journey and the first step to a new life. Mr. Gibbs stated that Buckhead Pizza Co.’s policy is to check identification from anyone ordering alcoholic beverages. Mr. Gibbs stated that he no longer drinks alcohol and has not consumed alcohol since his last arrest on February 27, 2010. Mr. Gibbs stated that he no longer attends Alcoholics Anonymous but he has a lot of support from his mother, his girlfriend, and his best friend. Mr. Gibbs stated that he learned a lot in DUI Court. Mr. Gibbs explained to the License Review Board that he is still on probation and was scheduled to go to a hearing on March 15, 2013 to change his probation status to non-reporting. Mr. Gibbs stated that he only has a month left on probation. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Eddie Canon and a second by Larry Walker, the License Review Board recommended approval of the alcohol permit for Anthony Gibbs. Vote 3-0 for approval of the alcohol work permit.

Page 54 of 152

2 DUI convictions 09-02-08 and 04-28-11

No

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

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

3. What type of sentence did you receive?

4. Have you completed the sentence?

5. Where do you live and with whom?

!st probation, community service and fine, 2nd DUI court program and probation

1st yes, 2nd I have completed DUI court but still have 1 month of probation left.

2442 Player court duluth georgia 30096 parents and girlfriend

6. How long has it been since the arrest?

1st 4 years 9 months 2nd 2 years

7. How long has it been since the conviction?

1st 4 years 3 months 2nd 1 year 10 months

8. Where do you work?

Buckhead Pizza Company Cobb Galleria

9. Is it a bar? Nightclub? Restaurant?

Restaurant

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

Server, Driver, bartender

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

Work Permit Applicant: GIBBS, ANTHONY JOSEPH

Permit Number: 131035

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

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APHR_ALCH_WKPERMIT_DENIAL

Page 55 of 152

staff must be drug free all the time and alcohol free while on clock

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

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

full training of all procedures and health codes

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

i have completely changed my life with the help of my family and my girl friend. but most of all with everything i learned in the DUI court program

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

yes my family and girl friend also i have many people I met in the DUI Court program I can call

16. Are you going to school?

No

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

NA

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

I fully understand all the laws regarding sale of alcohol in the state of Georgia and that there is a high penalty for violating said laws. I have no interest in returning to the court system as anything but an upstanding citizen for jury duty.

19. Why should the LRB grant the permit?

This is my main source of income and I love working in the restaurant buissness. Also the company I work for is willing to work with me to get me back in school so I can get my buissness management degree.

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

Since experiencing everything in the DUI court program I have a new respect for the law and the court program. Also I have worked in restaurants for a long time and I have always avided by the state and county laws of which I was working.

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

I went through the DUI court program for a year and 6 months. I lost my job and my license. My family had to drive me everywhere. But all in all I have to say that getting arrested the second time was the best thing to happen to me. Because I was on a dark path and it was the wake up call I needed to turn my life around. I have built a stronger relationship with my family and my girlfrined that I wouldnt trade for anythin in the world.

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Page 56 of 152

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: April 9, 2013

PURPOSE To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on March 14, 2013 by the License Review Board for Michelle Moreno.

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 March 14, 2013, the License Review Board conducted an appeal hearing for Michelle Moreno 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. Moreno.

FUNDING N/A

RECOMMENDATION The Board of Commissioners review the summary of the Appeal Hearing of March 14, 2013 for Michelle Moreno, and affirm the decision of the License Review Board.

ATTACHMENTSSummary of Appeal Hearing, March 14, 2013

Online License Review Board Questionnaire

Comm. Dist. 3

Agenda Item Number. 14

Page 57 of 152

Summary of Appeal Hearing before the Cobb County License Review Board for Michelle Moreno, Alcohol Permit while currently working at Longhorn Steakhouse, located at 2700 Town Center Drive, Kennesaw, Georgia 30144. On March 14, 2013 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway, Marietta, Georgia

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. Sergeant Bonnie Smith with the Cobb County Police Department’s Regulatory Services and Permits Unit testified that Michelle Moreno truthfully indicated on the alcohol permit application that she had two Felony drug convictions. One conviction was in 2011 and one was in 2012. Ms. Moreno stated that she spent two months in custody and has completed the Mother Making a Change program. Ms. Moreno stated that she has completed in house drug treatment and six months of aftercare treatment. Ms. Moreno stated that she has graduated from the program but she is still in recovery. Ms. Moreno stated that she cannot get a job anywhere else because on paper she looks like a horrible person. Ms. Moreno stated that she is trying to get into management at Longhorn and she must have an alcohol permit to do so. Ms. Moreno stated that she needs this job at Longhorn to pay child support and provide for her daughter. Ms. Moreno stated that the job at Longhorn will give her the ability to provide for herself and her child. Ms. Moreno provided to the License Review Board a copy of her certificate of completion of the Mother Making a Change program and a copy of a character letter from the manager at this Longhorn Steakhouse. Ms. Moreno stated that she has worked at the Longhorn in Acworth where she was not required to have an alcohol permit. Ms. Moreno stated that Longhorn Steakhouse’s alcohol policy is to check the identification from anyone that appears to be under thirty years of age ordering alcoholic beverages. Ms. Moreno explained that server’s are trained that when in doubt to have a manager handle the situation. Ms. Moreno stated that she is still on probation but she has completed all requirements of her probation and has paid all fines and fees, and is now on non-reporting status. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Eddie Canon and a second by Judy Skeel, the License Review Board recommended approval of the alcohol permit for Michelle Moreno. Vote 3-0 for approval of the alcohol work permit.

Page 58 of 152

VGCSA-Bartow co. 8/19/11VGCSA-Pickens co. 7/10/12

No

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

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

3. What type of sentence did you receive?

4. Have you completed the sentence?

5. Where do you live and with whom?

12yrs probation/5yrs probation

no

Acworth-with my parents

6. How long has it been since the arrest?

last arrest was on 9-6-10

7. How long has it been since the conviction?

last conviction was on 7-10-12

8. Where do you work?

Longhorn Steakhouse

9. Is it a bar? Nightclub? Restaurant?

Restaurant

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

Hostess

Work Permit Applicant: MORENO, MICHELLE LEA

Permit Number: 130480

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

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Page 59 of 152

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

All severs must ID anyone that looks under the ge of 35 yrs old if any question must involve management.

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

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

All servers must watch responsible alcohol service certification video and pass test on video.

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

I went to Mothers making a change (treatment center) did 8 months of in house treatment along with 6 moths of out patient treatment. I continue to work a 12 step recovery program. I changed my group of friends & my life style

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

yes

16. Are you going to school?

No

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

NA

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

This is my only source of income and I enjoy working for Darden and I am trying to turn this job into a career by becoming a manager so I always do my best and wouldn`t doing anything to jeopardize my chances of being hired on as management because that`s the best chance for me to make the life I want for my Daughter and I.

19. Why should the LRB grant the permit?

I need this to be able to move forward with my life. My past is my past and I can`t change that but I`ve put in a lot of hard work to keep my recovery and change my life for the better. This permit will give me a chance to be self sufficient and stop leaning on my parents for financial help. Also it will help to climb the latter at work.

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

Responsible alcohol service certification test result and I`m also planning to go to an alcohol service training seminar held at the city of canton police department on Wednesday February 20, 2013.

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

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These charges follows me everywhere and it`s a huge burden and makes me insecure when meeting new people having to explain that that`s not the person I am today. My family relationships have been stressed over my active use and court cases. With that being said although I wish I hadn`t got a record I`m glad that I was able to get my life in order and am living clean today. My family relationships have improved greatly along with the quailty of my life so I`m grateful that the changes have taken place just wish I could have changed things with going to jail.

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Cobb County Community Development Agency Rob Hosack, AICP, Director

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

TO: David Hankerson, County Manager

FROM: Rob Hosack, AICP, Director

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

DATE: April 9, 2013

PURPOSE To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary of the Appeal Hearing conducted on March 14, 2013 by the License Review Board for Sean Morse.

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 March 14, 2013, the License Review Board conducted an appeal hearing for Sean Morse in regard to the denial of his 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 Mr. Morse.

FUNDING N/A

RECOMMENDATION The Board of Commissioners review the summary of the Appeal Hearing of March 14, 2013 for Sean Morse, and affirm the decision of the License Review Board.

ATTACHMENTSSummary of Appeal Hearing, March 14, 2013

Online License Review Board Questionnaire

Comm. Dist.

2

Agenda Item Number. 15

Page 62 of 152

Summary of Appeal Hearing before the Cobb County License Review Board for Sean Morse, Alcohol Permit while currently working at Pappadeaux Seafood Kitchen, located at 2830 Windy Hill Road, Marietta, Georgia 30067. On March 14, 2013 the hearing was conducted in the Bid Room, located at 1772 County

Services Parkway, Marietta, Georgia 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. Sergeant Bonnie Smith with the Cobb County Police Department’s Regulatory Services and Permits Unit testified that Sean Morse truthfully indicated on the alcohol permit application that he had a Felony Violation of Controlled Substance Act conviction in 2012. Mr. Morse stated that he was in a vehicle with friends coming back from Albany State University and they were pulled over. Mr. Morse stated that he was searched by the police and they found crumbled up Xanex in his pocket. Mr. Morse stated that he had received the Xanex from his friend because he was having panic attacks. Mr. Morse explained that the Xanex was crumbled up because he had left them in his pockets for a couple days. Mr. Morse stated that he was sentenced to five years probation with early termination. Mr. Morse stated that he needs to pay off his fine to complete his probation. Mr. Morse stated that he had completed all other requirements of probation. Mr. Morse provided a copy of a letter from the Fulton County Chief Probation Officer stating that Mr. Morse is in good standing with his probation. Mr. Morse stated that Pappadeaux Seafood Kitchen’s policy is to check identification from anyone ordering alcoholic beverages. Mr. Morse stated that Pappadeaux Seafood Kitchen is a family oriented restaurant. After considering all evidence and testimony presented, and the Online License Review Board Questionnaire, pursuant to a motion by Judy Skeel and a second by Eddie Canon, the License Review Board recommended approval of the alcohol permit for Sean Morse. Vote 3-0 for approval of the alcohol work permit.

Page 63 of 152

Possession of Controlled Substance - Anti-anxiety medication without a prescription9-8-2010

No

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

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

3. What type of sentence did you receive?

4. Have you completed the sentence?

5. Where do you live and with whom?

Fine and Probation

No

511 Tarragon Way SW Atlanta, GA 30331; Parents

6. How long has it been since the arrest?

3 years

7. How long has it been since the conviction?

3 years

8. Where do you work?

Pappadeux Seafood Kitchen

9. Is it a bar? Nightclub? Restaurant?

Restaurant

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

Currently a Host Position

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

Work Permit Applicant: MORSE, SEAN KEVINPermit Number: 130997

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

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APHR_ALCH_WKPERMIT_DENIAL

Page 64 of 152

Policy is that I must obtain a valid alcohol server permit before I can begin my manager training.

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

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

The establishment has very comprehensive training for all positions. I must learn all positions including the server position before becoming a manager and therefore need the permit to advance in the establishment.

Yes, it is the only source of income for me.

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

I have a valid prescription for the anti-anxiety medication that can be filled by my physician when needed for panic attacks and flight anxiety.Also I focus more on exactly what I am doing and all legal aspects of what I am doing as well.

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

Yes, Family and Community is everything

16. Are you going to school?

Yes

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

Graduated from Albany State University BS in Criminal Justice

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

I am an upstanding citizen and also a role model in the community. By violating the law, not only would I let down myself and my mentees but I am dedicated to setting the best example possible for my six year old son who is my everything and the reason why I continue to stay out of trouble and the reason why I am trying to advance in the ranks in my job in order to be able to provide him with the life and guidance that I never had.

19. Why should the LRB grant the permit?

In order to assist a citizen on a positive path to advance in a legal establishment with intentions of providing positive leadership to youth. Also I acknowledge that I was wrong and broke the law regardless of my ignorance of the particular law. It was a mistake and I only want to move on in my life and continue to advance in my employment.

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

I have been a server in Georgia for the last 3 years with a valid permit in Fulton County and have outstanding recommendations from previous employers. I am only trying to continue in the same line of work in which I have been working the last few years

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

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Page 65 of 152

Its more-so embarrassing and disappointing over everything and the financial aspect, as far as trying to pay probation in addition to childcare, can be overwhelming. However i have learned a great deal from the whole experience such as ignorance of the law is not an excuse for breaking it. Its been a huge learning experience. Its somewhat holding me back from my future and I will try to do whatever it takes to keep my life on the right track.

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Page 66 of 152

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: April 9, 2013

PURPOSE To authorize a one-time contribution to Habitat for Humanity NW Metro Atlanta and The Cobb Community Foundation using funds in the General Fund’s Undesignated Contingency.

BACKGROUND

Habitat for Humanity NW Metro Atlanta is a non-profit organization whose mission is “to eliminate substandard housing by providing safe, decent, affordable, homes to deserving, well-qualified, lower-income families in Cobb, Douglas, and Paulding counties”. This affiliate was founded in 1986. Since then it has constructed close to 350 homes in its tri-county service area, with virtually all of the homes being built in Cobb. Habitat for Humanity also receives funds through Cobb’s federal HOME grant program.

The Cobb County Board of Commissioners would provide a one-time contribution to Habitat for Humanity NW Metro Atlanta with a $58,420 contribution. These funds would be used for general operating expenses while spending over $2.5 million to build 24 new homes (EarthCraft certified and Energy Star rated) and rehabilitate 14 existing below-market houses ($105,000x24) during 2013 and 2014 for Cobb families in need.

The Cobb Community Foundation (CCF) is a non-profit organization whose mission is as follows: “To strengthen our (Cobb County) community by assisting donors with their charitable giving; To attract and manage charitable funds; To make effective grants; To provide leadership to address charitable needs."

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Agenda Item Number. 16

Page 67 of 152

CCF was founded in 1993 by a group of Cobb County business and community leaders. It operated on a volunteer basis as an affiliate of The Greater Atlanta Community Foundation until 1998 when funding for a part-time position and later a full-time position was added. Since 2000, CCF has established 46 Funds under management with at least 3 new Funds in process, and has distributed almost $6 million dollars in grants and contributions, the majority of which has been directed to Cobb organizations.

The Cobb County Board of Commissioners would provide a one-time contribution to the Cobb Community Foundation with a $38,453 contribution. These funds would be used for salaries and administration to maintain existing relationships with current donors and encourage them to donate more money. The funds would also be used cultivate new donors through personal outreach. Additionally, the funds would go toward maintaining existing and building new relationships with Cobb’s professional advisors. Lastly, the funds would assist and strengthen Cobb non-profit organizations.

Funding was not awarded to either of these organizations at FY13 adoption.

FUNDING Funding is available with the following budget transfers: Transfer from:

010-015-0145-8820 (General Fund Undesignated Contingency) $ 96,873.00

Transfer to:010-265-0174-6574 (Habitat for Humanity NW Metro Atlanta) $ 58,420.00010-265-0164-6574 (The Cobb Community Foundation) $ 38,453.00

$ 96,873.00

RECOMMENDATION The Board of Commissioners authorize a one-time contribution to Habitat for Humanity NW Metro Atlanta, in the amount of $58,420, and to The Cobb Community Foundation, in the amount of $38,453, using funds in the General Fund’s Undesignated Contingency, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 16

Page 68 of 152

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: April 9, 2013

PURPOSE To authorize an amendment to Cobb County’s Program Year 2012 Annual Action Plan to reallocate Community Development Block Grant funds from the Cobb County Americans with Disabilities Act project to Cobb County’s uncommitted funding line for an eligible project to be determined at a later date.

BACKGROUND The Cobb County CDBG Program Office proposes to reallocate $225,000 in unexpended Community Development Block Grant program funds currently allocated to the Cobb County’s American with Disabilities Act (ADA) project to Cobb County’s Program Year (PY) 2012 uncommitted funding line. The CDBG Program Office has confirmed that Cobb County’s Property Management Department does not intend to utilize the remaining program funds and will be unable to expend the total PY 2012 allocation of $400,000, thereby leaving a remaining project activity balance of $422,155.24 which includes unused project activity funding from Program Years 2010, 2011, and 2012. These funds can be used to cover eligible project expenses and service delivery costs (i.e. staff reimbursement expenses). 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, February 8, 2013 and the public meeting was conducted on Wednesday, February 27, 2013. The public comment period ended on Monday, March 11, 2013. No public comments were received.

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Agenda Item Number. 17

Page 69 of 152

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

FUNDING The following budget transaction account for the transfer of Cobb County’s ADA project to Cobb County’s CDBG PY 12 uncommitted funding line:

Transfer from: 285-390-CD12-C12CG-F-6574Property Managment ADA $225,000.00

Transfer to: 285-390-CD12-C12C9-U-6574Cobb County Uncommitted $225,000.00

RECOMMENDATION The Board of Commissioners authorize an amendment to Cobb County’s Program Year 2012 Annual Action Plan to reallocate Community Development Block Grant funds from Cobb County Americans with Disabilities Act project to Cobb County’s Program Year 2012 uncommitted funding line for eligible projects to be determined at a later date; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 17

Page 70 of 152

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: April 9, 2013

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

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

FUNDING N/A

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

ATTACHMENTSRESOLUTION

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Agenda Item Number. 18

Page 71 of 152

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 9th of April 2013

Page 72 of 152

Superior Court of Cobb County Tom Charron, Court Administrator

30 Waddell Street Marietta, Georgia 30090 (770) 528-1800

TO: David Hankerson, County Manager

FROM: Tom Charron, Court Administrator

This item has been electronically signed by:Tom Charron, Court Administrator

DATE: April 9, 2013

PURPOSE To authorize the application for Drug Court grant funds from the Criminal Justice Coordinating Council.

BACKGROUND The Superior Court of Cobb County operates an adult drug treatment court which currently receives funding from the Criminal Justice Coordinating Council (CJCC). Applications for next year’s funding (July 1, 2013-June 30, 2014) are due April 8, 2013.

The Drug Court would like to submit a grant application to receive these funds for continued operations for the Drug Court.

If awarded grant funding, the Drug Court will submit another agenda item to the Board of Commissioners to accept these funds.

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize the application for Drug Court grant funds from the Criminal Justice Coordinating Council.

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Agenda Item Number. 19

Page 73 of 152

Superior Court of Cobb County Tom Charron, Court Administrator

30 Waddell Street Marietta, Georgia 30090 (770) 528-1800

DRAFT

TO: David Hankerson, County Manager

FROM: Tom Charron, Court Administrator

This item has been electronically signed by:Tom Charron, Court Administrator

DATE: April 9, 2013

PURPOSE To approve the reorganization of the Law Library’s personnel structure to include reallocating the salary and fringe benefit budget for Systems Administrator position # 3025-008, grade 58, from the Law Library to a 50/50 split between Information Services and Superior Court Administration

To approve the reclassification Judicial Admin Technician I, Pay Grade 40 (Position number 1060-901) to a Judicial Admin Technician II, pay grade 42.

BACKGROUND The Systems Administrator position (# 3025-008), grade 58, formerly performed services for the Law Library. Over the years, this position has migrated its function to provide services primarily for Superior Court Administration. Since the previous job duties are no longer being supplied to the library by this position, the law library is requesting this position be moved into the Superior Court Administration personnel budget.

The Law Library has reorganized work responsibilities within its current staff so as to allow the Director more time to focus on Library programs and overall performance. In response to this change, the Judicial Admin Tech I position has added job responsibilities and tasks than when this position was first assigned. Human Resources has re-evaluated this position and recommend that this position, Judicial Admin Tech I, pay grade 40 ( Position number 1060-90 ) be changed to a Judicial Admin Tech II, pay grade 42.

IMPACT STATEMENT

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Agenda Item Number. 20

Page 74 of 152

By moving the System Administrator position from the Law Library, there will be an increase in the Superior Court general fund personnel expenses and a reduction in the personnel expenses for the Law Library.

The funding is available in the FY13 budget for the law library to support a reclassification of the Judicial Admin Tech I to a Judicial Admin Tech II.

FUNDING Funding is available in Law Library and Superior Court administrative budgets to accommodate personnel reallocations and reclassifications.

RECOMMENDATION To authorize the Board of Commissioners to remove Systems Administrator position #3025-008 out of the Law Library personnel budget and have the position reallocated as a 50/50 split between IS and Superior Court Administration.

To approve the reclassification of the Judicial Admin Tech I position #1060-901, grade 40 in the Law Library to be reclassified to a Judicial Admin Tech II, grade 42.

Agenda Item Number. 20

Page 75 of 152

Superior Court of Cobb County Tom Charron, Court Administrator

30 Waddell Street Marietta, Georgia 30090 (770) 528-1800

TO: David Hankerson, County Manager

FROM: Tom Charron, Court Administrator

This item has been electronically signed by:Tom Charron, Court Administrator

DATE: April 9, 2013

PURPOSE To authorize the application for Mental Health Court grant funds from the Criminal Justice Coordinating Council.

BACKGROUND The Superior Court of Cobb County plans to implement a mental health court which is currently eligible to receive funding from the Criminal Justice Coordinating Council (CJCC). Applications for next year’s funding (July 1, 2013-June 30, 2014) are due April 8, 2013.

The Mental Health Court would like to submit a grant application to receive these funds for operations for the Mental Health Court.

If awarded grant funding, the Mental Health Court will submit another agenda item to the Board of Commissioners to accept these funds.

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize the application for Mental Health Court grant funds from the Criminal Justice Coordinating Council. If approved, the Mental Health Court will submit another agenda item to the Board of Commissioners to accept these funds.

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Agenda Item Number. 21

Page 76 of 152

Cobb County Probate Court Kelli L. Wolk, Chief Judge

32 Waddell Street Marietta, Georgia 30060 (770) 528-1900 / fax: (770) 528-1996

TO: David Hankerson, County Manager

FROM: Kelli L. Wolk, Chief Judge

This item has been electronically signed by:Kelli L. Wolk, Chief Judge

DATE: April 9, 2013

PURPOSE To authorize the acceptance of a donation of several gently used office chairs from the Third Naval Construction Regiment, United States Navy Marine Corps Reserve.

BACKGROUND The Third Naval Construction Regiment, United States Navy Marine Corps Reserve, located at 1210 Naval Forces Court in Marietta, wishes to donate several gently used office chairs to the Cobb County Probate Court. These chairs will be used to upgrade the current desk chairs our employees utilize. The following is an estimate of how many chairs will be donated and the estimated value of the chairs, if purchased new:

l 13 Stacking Guest Chairs, for conference rooms; approximate value: $60.00 each l 6-12 High Back Task Chairs, blue (item #: SAF-7079BL); approximate value: $250.00 each l 6-12 High Back Posture Task Chairs, black (item #: HON-7803NT10T); approximate value:

$300.00 each

FUNDING N/A

RECOMMENDATION The Board of Commissioners authorize the acceptance of the donation of several gently used office chairs for Probate Court from the Third Naval Construction Regiment, United States Navy Marine Corps Reserve.

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Agenda Item Number. 22

Page 77 of 152

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: April 9, 2013

PURPOSE To approve the minutes of the following meetings: March 25, 2013 - Agenda Work Session March 26, 2013 - Special Called Meeting/Work Session March 26, 2013 - Regular Meeting of the Board

ATTACHMENTSAgenda Work Session minutes

Special Called Meeting minutes

Regular Meeting minutes

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Agenda Item Number. 23

Page 78 of 152

MINUTES OF AGENDA WORK SESSION

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 25, 2013

9:00 A.M.

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

an Agenda Work Session on Monday, March 25, 2013 at 9:03 a.m. in the 3rd

floor

conference room, 100 Cherokee Street, Marietta, Georgia, for the purpose of receiving

information and participating in discussion regarding the March 26, 2013 agenda.

Present and comprising a quorum of the Board were:

Chairman Tim Lee

Vice Chair JoAnn Birrell

Commissioner Lisa Cupid

Commissioner Helen Goreham

Commissioner Bob Ott

No official action was taken by the Board.

ADJOURNMENT

The discussion concluded at 9:17 a.m.

_____________________________________

Candace W. Ellison, CCC

County Clerk

Cobb County Board of Commissioners

Page 79 of 152

MINUTES OF SPECIAL CALLED MEETING/WORK SESSION

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 26, 2013

1:30 P.M.

The Special Called Meeting/Work Session of the Cobb County Board of

Commissioners was held on Tuesday, March 26, 2013 at 1:30 p.m. in the second floor

public meeting room in the Cobb County Building, 100 Cherokee Street, Marietta,

Georgia. Present and comprising a quorum of the Board were:

Chairman Tim Lee

Commissioner JoAnn Birrell

Commissioner Lisa Cupid

Commissioner Helen Goreham

Commissioner Bob Ott

1. CALL TO ORDER – CHAIRMAN LEE

Chairman Lee called the meeting to order at 1:31 p.m.

2. TRANSPORTATION

2A. PRESENTATION OF INFORMATION REGARDING A

PROPOSED FLEX ROUTE TRANSIT SERVICE PILOT

PROGRAM FOR PORTIONS OF SOUTH COBB

Ms. Faye DiMassimo, Director of Transportation, provided information

and reviewed a PowerPoint presentation regarding the proposed Flex Route

Transit Service Pilot Program. She then introduced Ms. Laraine Vance, Planning

Division Manager, who provided additional information. A copy of the

information presented is attached and made a part of these minutes.

Chairman Lee directed Ms. DiMassimo to initiate a public outreach

program; finalize funding mechanisms; and complete federal requirements prior

to submitting an agenda item. Chairman Lee stated the need to “think outside the

box” in terms of public outreach and directed staff work with the District

Commissioners’ offices and community leaders to achieve greater communication

with the public.

No official action was taken by the Board.

3. COMMUNITY DEVELOPMENT

Planning

3A. PRESENTATION OF INFORMATION REGARDING

COMPLIANCE STRATEGIES TO CONSIDER FOR THE

ATLANTA REGIONAL COMMISSION’S PLAN 2040

Mr. Dana Johnson, Planning Division Manager, provided information and

reviewed a presentation on compliance strategies to consider for the Atlanta

Regional Commission’s PLAN 2040. A copy of the information presented is

attached and made a part of these minutes.

Chairman Lee directed Mr. Johnson to prepare documentation for

Minimum Standards; review strategies to meet Excellence Standards; identify

actions that can be accomplished in the short term; work with the Board for to

reach consensus on items that may be undertaken to meet Excellence Standards;

and provide a cost analysis.

No official action was taken by the Board.

Page 80 of 152

MINUTES OF SPECIAL CALLED MEETING/WORK SESSION

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 26, 2013

PAGE 2

4. SUPERIOR COURT

4A. PRESENTATION OF INFORMATION REGARDING THE

IMPLEMENTATION OF AN ADULT MENTAL HEALTH COURT

Ms. Kristie Garrett, Drug Court Coordinator, presented information and

reviewed a PowerPoint presentation regarding the implementation of an Adult

Mental Health Court. Ms. Garrett then introduced Judge Mary Staley; Mr. Tom

Charron, Superior Court Administrator; Dr. Dan Stephens, Chair of Community

Services Board; and Ms. Anne Rood, National Alliance on Mental Illness who

also presented information. A copy of the information presented is attached and

made a part of these minutes.

Chairman Lee expressed the Board’s collective support for the

implementation of a Mental Health Court. He also summarized the Board’s

concerns for the outstanding budgetary issues and stated the need for additional

information which should be provided prior to the April 9, 2013 Board of

Commissioners meeting.

No official action was taken by the Board.

ADJOURNMENT

The meeting was adjourned at 3:15 p.m.

________________________________________

Lori Barton, Deputy County Clerk

Cobb County Board of Commissioners

Page 81 of 152

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 26, 2013

7:00 P.M.

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

Tuesday, March 26, 2013 at 7:00 p.m. in the second floor public meeting room in the

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

Board were:

Chairman Tim Lee

Commissioner JoAnn Birrell

Commissioner Lisa Cupid

Commissioner Helen Goreham

Commissioner Bob Ott

1. CALL TO ORDER – CHAIRMAN LEE

Chairman Lee called the meeting to order at 7:02 p.m.

2. PRESENTATION OF CERTIFICATES OF ACHIEVEMENT TO BOY

SCOUTS FOR ATTAINING THE RANK OF EAGLE SCOUT

Commissioner Birrell presented certificates of achievement to Ben Flanagan, Erik

Gijlstra, Ben Mains, Alex Pettitt and Alex Winkler in recognition of attaining the rank of

Eagle Scout, the highest honor given by the Boy Scouts of America.

3. WITHDRAWAL OF PRESENTATION OF CERTIFICATE OF

APPRECIATION TO CURTIS GRAY FOR REMOVING LITTER AND

DEBRIS FROM FACTORY SHOALS TO BLAIRS BRIDGE ROADS

Chairman Lee announced that this agenda item was withdrawn from this agenda.

4. PRESENTATION OF SYMBOLIC CHECK FROM KEEP COBB

BEAUTIFUL, INC. FOR SERVICES RENDERED TO COBB COUNTY IN

2012

Mr. Michael Petelle, Keep Cobb Beautiful Board member, provided information

on the 2012 contributions by Keep Cobb Beautiful volunteers through in-kind donations

and volunteer hours. Members of the Keep Cobb Beautiful Board were present with Ms.

Terrilyn Hannah, Public Programs Coordinator, to present a symbolic check in the

amount of $1,119,074.81 representing the value of services provided to Cobb County by

these volunteers.

5. PRESENTATION OF PROCLAMATION TO THE SOUTH COBB

YOUTH BASKETBALL ASSOCIATION FOR THEIR ACHIEVEMENTS

Commissioner Cupid presented the following proclamation to Ms. Monica

DeLancy to recognize the South Cobb Youth Basketball Association:

WHEREAS: South Cobb Youth Basketball Association (SCYBA) is a non-profit fall

Recreation Basketball League that is open to all 5 - 18 year-old boys and 5

- 14 year old girls in Cobb County and surrounding areas. The

association’s mission is to provide all children, regardless of talent level,

the opportunity to play basketball in a safe and competitive environment,

while focusing on the character building and teamwork necessary to

succeed on and off the court; and

Page 82 of 152

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 26, 2013

PAGE 2

5. PRESENTATION OF PROCLAMATION TO THE SOUTH COBB

YOUTH BASKETBALL ASSOCIATION FOR THEIR ACHIEVEMENTS

(CONT.)

WHEREAS: SCYBA prides itself on being “The best in Cobb” and is a member of the

Cobb County Parks and Recreation Department. For more than 28 years,

SCYBA has taught children basketball fundamentals, sportsmanship,

teamwork and responsibility; and

WHEREAS: The SCYBA 8U Boys are the 2013 Cobb County Champions, the 2013

Georgia Recreation and Park Association District Champions and the

2013 State Champions. The 10U Boys are the 2013 Cobb County

Champions and the 2013 GRPA District Semi-finalists. The 18U Boys are

the 2013 Cobb County Champions and the 2013 GRPA District Runner-

ups; and

WHEREAS: The association is a great foundation to prepare children for school

basketball, college and life. SCYBA offers offseason basketball clinics, an

annual Community Fun Day, annual Night with Atlanta Hawks and

tournaments. The program is so successful, it now has more than 400

players; now

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

the South Cobb Youth Basketball Association and all of its players,

coaches, parents and fans on all of the success achieved. We applaud your

positive impact on our community and wish you continued success as you

enrich the lives of our youth.

This, the 26th

day of March, 2013.

6. PRESENTATION OF VOLUNTEER OF THE YEAR AWARD AND THE

JACK DEMAREST LIFETIME ACHIEVEMENT AWARD TO

OUTSTANDING VOLUNTEERS IN PARKS, RECREATION, AND

CULTURAL AFFAIRS

The Board of Commissioners presented the following awards to outstanding

volunteers who have demonstrated leadership within their organization and community to

provide quality leisure programs within the Parks, Recreation and Cultural Affairs

Department:

Outstanding Adult Volunteer

Teresa Buchanan

Jack Demarest Lifetime Achievement Award for 2012

Jerry Thomas

2012 Volunteer of the Year Award – Milford Girls Softball Association

Malcom Maye

Additionally, Eddie Canon, Director of Parks, Recreation and Cultural Affairs,

was recognized as an award winner from the Georgia Recreational and Parks

Association.

Page 83 of 152

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 26, 2013

PAGE 3

7. PRESENTATION OF PROCLAMATION TO MELINDA ASHCRAFT IN

RECOGNITION OF HER MANY YEARS OF SERVICE TO SIX FLAGS

OVER GEORGIA AND TO COBB COUNTY

Commissioner Cupid presented the following proclamation to Ms. Melinda

Ashcraft in recognition of her many years of service to Six Flags Over Georgia and to

Cobb County:

WHEREAS: Melinda Ashcraft, a resident of Marietta, has served as park president at

Six Flags Over Georgia and White Water since January 2004. Prior to that,

she served as vice-president and general manager at Six Flags Fiesta,

Texas and Six Flags Kentucky Kingdom; and

WHEREAS: Six Flags Over Georgia has had a significant impact on our community

and local economy for more than 40 years. Tourism is a $49 billion

industry for the state and Six Flags is one of the top tourist attractions. It is

the largest regional theme park in the Southeast and employs 2,500

seasonal hosts and hostesses and 170 full-time employees; and

WHEREAS: Ashcraft started her career in 1967 at Six Flags Over Georgia as a ride

operator. She continued her managerial career in many different aspects of

park operation while moving throughout the country to various Six Flags

properties; and

WHEREAS: Ashcraft is a longtime Cobb County resident and graduated from

Pebblebrook High School. She continued her education with a Bachelor of

Science from North Georgia College and studied business management at

Georgia State University. She graduated from the Cobb Leadership

program in 1989 and continues to serve on its committees for education

and travel and tourism; and

WHEREAS: She has been involved with numerous community activities, including the

Atlanta Convention and Visitor’s Bureau, the Cobb Chamber of

Commerce Chairman’s Club and Board of Directors, Cobb Travel and

Tourism, South Cobb Redevelopment Authority and South Cobb Business

Association. She has also served as chair of the Chattahoochee Tech

Foundation Board of Trustees; now

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

Ashcraft upon her retirement, recognizing her as a crucial business leader

who has enriched our community through her work and service.

This, the 26th

day of March, 2013.

8. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF

APRIL 1 - 6, 2013 AS COMMUNITY DEVELOPMENT BLOCK GRANT

WEEK IN COBB COUNTY

Chairman Lee presented the following proclamation to Ms. Kimberly Roberts,

Managing Director, Cobb CDBG, designating April 1 – 6, 2013 as Community

Development Block Grant Week in Cobb County:

WHEREAS: This year marks the 39th

anniversary of the National Community

Development Block Grant Program, a highly-successful program Cobb

County has participated in for 31 years; and

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PAGE 4

8. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF

APRIL 1 - 6, 2013 AS COMMUNITY DEVELOPMENT BLOCK GRANT

WEEK IN COBB COUNTY (CONT.)

WHEREAS: The U. S. Department of Housing and Urban Development recognizes a

week during the month of April as Community Development Block Grant

Week. The week honors the important role the Community Development

Block Grant Program has played in improving housing, neighborhood

conditions, public services and economic opportunities for low and

moderate income persons, senior citizens, disabled adults and the

homeless in communities across our country since its inception; and

WHEREAS: CDBG funds have been used in Cobb for 31 years to support a variety of

needed activities primarily serving low and moderate income residents.

These include: the renovation or construction of community buildings

(senior centers, health clinics, community centers and facilities for non-

profit organizations), the construction of neighborhood infrastructure and

park improvements, the installation of Americans with Disabilities Act

improvements, service projects carried out by faith-based groups and other

service organizations, employment training and microenterprise

development activities, and housing rehabilitation programs for low and

moderate income homeowners; now

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

week of April 1 - 6, 2013 as Community Development Block Grant Week

in support of CDBG’s uniquely-successful programs, and we further

express our support for the continuation and full funding of the National

Community Development Block Grant Programs in Program Year 2013.

This, the 26th

day of March, 2013.

9. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH

OF APRIL 2013 AS FAIR HOUSING MONTH IN COBB COUNTY

Chairman Lee presented the following proclamation to Ms. Kimberly Roberts,

Managing Director, Cobb CDBG, designating the month of April 2013 as Fair Housing

Month in Cobb County:

WHEREAS: This year marks the 45th

anniversary of the passage of Title VIII of the

Civil Rights Act of 1968, commonly known as the Fair Housing Act; and

WHEREAS: The act initiated a national policy that prohibits housing discrimination

with regard to race, color, religion, sex, national origin, handicap or

familial status; and

WHEREAS: Cobb County recognizes the importance of carrying out this national

policy at the local level and in doing so, also recognizes the need to

identify and eliminate any impediments that prevent fair housing

opportunities from becoming a true reality for all Cobb County residents;

and

WHEREAS: Cobb is committed to insuring that both public and private providers of

housing services in the county effectively pursue a fair housing policy by

carrying out affirmative marketing, equitable lending practices and

promoting affordable housing development and adequate housing choices;

and

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9. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH

OF APRIL 2013 AS FAIR HOUSING MONTH IN COBB COUNTY

(CONT.)

WHEREAS: The county promotes fair housing activities through the Cobb CDBG

Program Office, Cole Street Development Corporation, Northwest Metro

Atlanta Habitat for Humanity and other local organizations involved with

Cobb’s federally-funded CDBG, HOME, ESG, CSBG and Supportive

Housing Programs; and

WHEREAS: The United States Department of Housing and Urban Development is

highly-commended for its technical and leadership support in fostering

fair housing principles and diversity in Cobb County and elsewhere in

communities through our nation; now

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

month of April 2013 as Fair Housing Month in Cobb County.

This, the 26th

day of March 2013.

10. PRESENTATION OF PROCLAMATION TO THE COBB AND DOUGLAS

PUBLIC HEALTH DEPARTMENTS DESIGNATING MARCH 20, 2013

AS KICK BUTTS DAY IN COBB COUNTY

Chairman Lee presented the following proclamation to Ms. Anne Marie Coleman

designating March 20, 2013 as Kick Butts Day in Cobb County:

WHEREAS: One-fifth of all high school students in America are smokers, along with

nearly one out of 10 eighth graders. Unless current trends are reversed,

one of every three youth smokers will die prematurely from smoking-

related diseases; and

WHEREAS: Smoking kills more than 400,000 Americans each year, representing more

deaths than from AIDS, alcohol, car accidents, murders, suicides, drugs

and fires combined. Most of these deaths could be prevented; and

WHEREAS: Kick Butts Day is an annual national initiative sponsored by the Campaign

for Tobacco-Free Kids that makes elementary, middle and high school

students leaders in the fight against youth tobacco use and exposure to

secondhand smoke; and

WHEREAS: Our youth should no longer tolerate the tobacco industry’s efforts to

manipulate them into buying lethal and addictive products through

innovative advertising campaigns and marketing tools; now

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

20, 2013, as Kick Butts Day 2013 and oppose the sale, advertising and

marketing of tobacco products to children.

This, the 26th

day of March, 2013.

11. PRESENTATION OF THE SILVER EAGLE AWARD FOR 2012 ON

BEHALF OF THE COBB COUNTY MANAGEMENT TEAM

Faye DiMassimo, Transportation Director, Sam Heaton, Fire Chief and Eddie

Canon, Director of Parks, Recreation and Cultural Affairs, presented the 2012 Silver

Eagle Award to Ms. Helen Poyer, Library Director. This award is presented annually by

the Cobb County Management Team to the team member who best exemplifies

leadership and management skills in carrying out job responsibilities on behalf of Cobb

County Government.

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12. COMMUNITY DEVELOPMENT AGENCY

12A. WITHDRAWAL OF PROPOSED AMENDMENT TO THE

OFFICIAL CODE OF COBB COUNTY, CHAPTER 134 –

COMMUNITY DEVELOPMENT

Mr. Rob Hosack, Director of Community Development, announced that

the proposed code amendment was being withdrawn.

Chairman Lee opened the Public Hearing and asked those persons wishing

to speak to come forward. There being no public speakers, the public hearing was

closed.

No action was taken by the Board.

13. PUBLIC COMMENT – MR. CRAIG HARFOOT

Mr. Craig Harfoot addressed the Board regarding various issues of concern.

14. CONSENT AGENDA

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

items on the Consent Agenda, as revised, and authorize execution of the

necessary documents by the appropriate County personnel:

WATER SYSTEM AGENCY

Engineering

14A. APPROVAL OF CONSTRUCTION CONTRACT WITH JOHN H.

PRUETT CONSTRUCTION CO., INC. FOR MURDOCK ROAD

WATER MAIN REPLACEMENT - WATER SYSTEM

To approve a construction contract with John H. Pruett Construction Co.,

Inc., in the amount of $1,034,600.25, for Murdock Road Water Main

Replacement, Program No. W2233, authorize the corresponding budget

transactions, and further authorize the Chairman to execute the necessary

documents.

Funding is available in the Water System’s Murdock Road Water Main

Replacement, Adopted CIP Budget, and in the Water System’s

Asbestos/Cement Water Line Replacement Adopted CIP Budget for Fund

510, Department 500, Unit 5754, Program No. W2233.

Transfer from:

Murdock Road Water Main Replacement

Preliminary Estimates 510-500-5754-8005 W2233-Z $ 650,000.00

Asbestos/Cement Water Line Replacement

Preliminary Estimates 510-500-5754-8005 W2055-Z $ 412,965.25

Total $1,062,965.25

Page 87 of 152

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PAGE 7

14. CONSENT AGENDA (CONT.)

WATER SYSTEM AGENCY (CONT.)

Engineering (cont.)

14A. APPROVAL OF CONSTRUCTION CONTRACT WITH JOHN H.

PRUETT CONSTRUCTION CO., INC. FOR MURDOCK ROAD

WATER MAIN REPLACEMENT - WATER SYSTEM

Transfer to:

Murdock Road Water Main Replacement

Construction 510-500-5754-8260 W2233-C $1,034,600.25

Interest Expense on Retainage

510-500-5754-6613 W2233-A $ 5,175.00

Administration 510-500-5754-8205 W2233-A $ 500.00

Materials & Supplies 510-500-5754-8265 W2233-M $ 2,000.00

Contingency 510-500-5754-8810 W2233-T $ 20,690.00

Total $1,062,965.25

TRANSPORTATION AGENCY

Administration

14B. APPROVAL OF CONTRACT FOR ACQUISITION OF RIGHT-OF-

WAY WITH THE GEORGIA DEPARTMENT OF

TRANSPORTATION FOR SKIP SPANN CONNECTOR –

TRANSPORTATION

To approve a Contract for Acquisition of Right-of-Way with the Georgia

Department of Transportation (GDOT) for Skip Spann Connector (also

known as Busbee/Frey Connector), State P. I. No. 0010157, Cobb County

Project No. E4010, and authorize the Chairman to execute the necessary

documents.

14C. 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 TIMBER RIDGE

ROAD SIDEWALK – TRANSPORTATION

To determine that circumstances are such that it is necessary to proceed

with condemnation proceedings by Declaration of Taking under O.C.G.A.

§32-3-4, et seq., authorize the commencement of condemnation

proceedings on one (1) parcel on Timber Ridge Road Sidewalk, Project

No. E7030, and Timber Ridge Road Pedestrian Bridge, Project No.

E7050, adopt a Resolution and Order, and further authorize the

Chairman to execute the necessary documents.

Parcel No. 1

Christine Kelly MacKay Acquisition of 0.18 acre

5247 Pikes Peak Court

Marietta, Georgia 30062

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PAGE 8

14. CONSENT AGENDA (CONT.)

TRANSPORTATION AGENCY (CONT.)

Traffic Operations

14D. AUTHORIZATION TO ESTABLISH A “NO PARKING” ZONE

ALONG BOTH SIDES OF MAVELL ROAD – TRANSPORTATION

To authorize the establishment of a “No Parking” zone along both sides

of Mavell Road, from the northern limits of Nickajack Elementary School

property south to the Silver Comet Trail trailhead.

Funding: Available in the Department’s approved FY13 Operating Budget

as follows:

010-050-0750-0752-6198

Planning

14E. ADOPTION OF RESOLUTION AUTHORIZING THE

SUBMISSION OF AN FY13 SECTION 5307 GRANT

APPLICATION TO THE FEDERAL TRANSIT

ADMINISTRATION FOR TRANSIT CAPITAL, PLANNING, AND

OPERATING RELATED PROJECTS – TRANSPORTATION

To adopt a resolution authorizing the submission of a FY13 Section 5307

Grant application (Grant No. GA-90-X323) to the Federal Transit

Administration (FTA), in an amount not to exceed $3,890,750.00, for

transit capital, planning, and operating related projects, authorize the

corresponding budget transactions, and further authorize the Chairman

or his designee to execute the necessary documents.

Funding:

Federal and local funding is available in the Transit Division's approved

FY13 Operating Budget as follows:

200-050-4802-4439 (FTA 5307-Capital) $ 698,049.00

200-050-4802-4441 (FTA 5307-Planning) $ 100,000.00

200-050-4802-4442 (FTA 5307-Operating) $ 311,260.00

200-050-4802-4960 (General Fund Contribution) $2,311,441.00

$3,420,750.00

200-050-4802-Various Expense Objects $3,420,750.00

Appropriate receipt of additional revenue from FY13 FTA Section 5307

Grant funds to the Transit Division's approved FY13 Operating Budget,

and reallocate the reduced General Fund Contribution required for Transit

operations to the Transit Division's approved FY13 Capital Projects Fund

Budget, as follows:

Increase Revenue Appropriation:

200-050-4802-4441 (FTA 5307-Planning) $ 24,000.00

200-050-4802-4442 (FTA 5307-Operating) $1,002,057.00

Decrease Revenue Appropriation:

200-050-4802-4960 (General Fund Contribution) $1,026,057.00

Page 89 of 152

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PAGE 9

14. CONSENT AGENDA (CONT.)

TRANSPORTATION AGENCY (CONT.)

Planning (cont.)

14E. ADOPTION OF RESOLUTION AUTHORIZING THE

SUBMISSION OF AN FY13 SECTION 5307 GRANT

APPLICATION TO THE FEDERAL TRANSIT

ADMINISTRATION FOR TRANSIT CAPITAL, PLANNING, AND

OPERATING RELATED PROJECTS – TRANSPORTATION

(CONT.)

Increase Revenue Appropriation:

202-050-4899-4960 (General Fund Contribution) $1,026,057.00

Increase Expenditure Appropriation:

202-050-4899-8005 (Local Match Estimate) $1,026,057.00

Appropriate receipt of additional revenue from FY13 FTA Section 5307

Grant Funds to the Transit Division's approved Capital Projects Fund

Budget as follows:

Increase Revenue Appropriation:

202-050-Various-4439 (FTA 5307-Capital) $ 376,000.00

Increase Expenditure Appropriation:

202-050-Various-8005 $ 348,000.00

202-050-4867-Various Expense Objects $ 8,000.00

$ 376,000.00

Local funding is available in the Transit Division's approved Capital

Projects Fund Budget with the following budget transfer:

Transfer from: 380-050-4654-8005 $ 94,000.00

Transfer to: 202-050-Various-8005 $ 87,000.00

202-050-4867-Various Expense Objects $ 7,000.00

$ 94,000.00

PUBLIC SERVICES AGENCY

Elections and Registration

14F. APPROVAL OF PRECINCT BOUNDARY CHANGES DUE TO

RECENT ANNEXATIONS – ELECTIONS

To approve the following changes to existing precinct boundary lines due

to recent annexations in Kennesaw 2A, Marietta 3A, and Smyrna 2B, to be

in effect June 3, 2013, pending U.S. Justice Department approval.

Kennesaw 2A:

Property located at North Cobb Parkway at Intersection of Old 41 Hwy

consisting of 1.48 +/- acres. Land District 20, Land Lot 206, Parcel 32.

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14. CONSENT AGENDA (CONT.)

PUBLIC SERVICES AGENCY (CONT.)

Elections and Registration (cont.)

14F. APPROVAL OF PRECINCT BOUNDARY CHANGES DUE TO

RECENT ANNEXATIONS – ELECTIONS (CONT.)

Marietta 3A:

Bellemeade Farms Subdivision consisting of 14.56 acres. Land District 17,

Land Lot 152, Parcels 0330, 0340, 0350, 0320, 0360, 0310, 0370, 0300,

0380, 0390, 0290, 0400, 0280, 0410, 0270, 0420, 0260, 0430, 0440, 0250,

and 0450; and Land Lot 153, Parcels 2440 and 2450.

Smyrna 2B:

Property located at 1801-1825 Davie Circle and 2301-2343 Louise Circle

consisting of 20.587 acres. Land District 17, Land Lot 663, Parcel 4.

Property located at 1810 Roswell Street consisting of 0.730 acres. Land

District 17, Land Lot 663, Parcel 5.

Property located at 1844 Roswell Street consisting of 0.373 acres. Land

District 17, Land Lot 663, Parcel 3.

PUBLIC SAFETY AGENCY

Fire and Emergency Services

14G. AUTHORIZATION TO ACCEPT A DONATION FROM THE

GEORGIA FIREFIGHTERS BURN FOUNDATION FOR

SUPPORT OF THE PUBLIC SAFETY EDUCATION BLOCK

PARTY - FIRE AND EMERGENCY SERVICES

To authorize the acceptance of a donation from the Georgia Firefighters

Burn Foundation, in the amount of $500.00, for support of the Cobb

County Public Safety Education Block Party, and further authorize the

corresponding budget transaction.

Funding: Revenue will be received in the following account:

230-130-1000-4955 $500.00

14H. AUTHORIZATION TO ACCEPT THE DONATION OF A GRILL

AND TELEVISION FROM THE VININGS VILLAGE WOMEN’S

CLUB - FIRE AND EMERGENCY SERVICES

To authorize the acceptance of a donation of a grill and television from

the Vinings Village Women’s Club.

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14. CONSENT AGENDA (CONT.)

COMMUNITY DEVELOPMENT AGENCY

Planning

14I. APPROVAL OF ADDITIONS TO THE 2012 COMPREHENSIVE

PLAN WORK PROGRAM TO INCORPORATE RECENTLY

APPROVED MASTER PLANS AND ITEMS FROM THE 2013

BOARD OF COMMISSIONERS’ RETREAT - PLANNING

DIVISION

To approve additions to the 2012 Comprehensive Plan Work Program to

incorporate recently approved master plans and items from the 2013 Board

of Commissioner’s retreat. A copy of the amended 2012 Comprehensive

Plan Work Program Project Schedule is attached and made a part of these

minutes.

14J. ADOPTION OF ANNEXATION RESPONSE PER HB489

INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING

LAND USE - PLANNING DIVISION

To adopt response per HB489 Intergovernmental Agreement and HB2

regarding land use known as 3820, 3738, 3843, 3855 Lakeview Way (LL

85, 20th

District, 2nd

Section, Parcels 52, 53, 54, 55 and 57). Copy of said

response attached and made a part of these minutes.

14K. ADOPTION OF 2030 COMPREHENSIVE PLAN PER ANNUAL

AMENDMENTS APPROVED ON JANUARY 15, 2013 AND

FEBRUARY 26, 2013 AND ADOPTION OF RESOLUTION

AUTHORIZING ITS SUBMITTAL TO THE ATLANTA

REGIONAL COMMISSION - PLANNING DIVISION

To adopt the 2030 Comprehensive Plan per annual amendments approved

on January 15, 2013 and February 26, 2013, and adopt a resolution

authorizing its submittal to the Atlanta Regional Commission. A copy of

the 2030 Comprehensive Plan document and the 2012 Future Land Use

Map are on file in the Office of the County Clerk. Copy of said resolution

attached and made a part of these minutes.

ECONOMIC DEVELOPMENT

Economic Development – CDBG

14L. AUTHORIZATION TO AMEND THE ADVANTAGE FINANCIAL

BUDGET FOR THE NEIGHBORHOOD STABILIZATION

PROGRAM 1 TO REFLECT CURRENT BUDGETS IN THE

STATE’S DESTROYER INFORMATION SYSTEM – CDBG

To amend Cobb County’s Neighborhood Stabilization Program 1 budget

lines in the Advantage Financial System for funds allotted to the County

from the State of Georgia Department of Community Affairs, authorize

the corresponding budget transactions, and further authorize the

Chairman to execute the necessary documents.

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PAGE 12

14. CONSENT AGENDA (CONT.)

ECONOMIC DEVELOPMENT (CONT.)

Economic Development – CDBG (cont.)

14L. AUTHORIZATION TO AMEND THE ADVANTAGE FINANCIAL

BUDGET FOR THE NEIGHBORHOOD STABILIZATION

PROGRAM 1 TO REFLECT CURRENT BUDGETS IN THE

STATE’S DESTROYER INFORMATION SYSTEM – CDBG

(CONT.)

Funding: The following budget amendments account for the transfer of

NSP funds:

Transfer from: 281-390-DC09-0013-6574-0305 $143,818.80

281-390-DC09-014A-6574-0305 $163,926.19

281-390-DC09-021A-6574-0220 $ 51,000.00

281-390-DC09-021A-6574-0305 $ 4,322.49

Total $363,067.48

Transfer to: 281-390-DC09-0001-6574-0305 $363,067.48

FINANCE

14M. APPROVAL OF CONTRACT WITH WILLIS OF GA FOR

PROFESSIONAL SERVICES INCLUDING MARKETING

INSURANCE AND OTHER RISK MANAGEMENT

CONSULTATION SERVICES – FINANCE

To approve a contract with Willis of GA, in the amount of $165,000.00,

at an annual cost of $55,000.00, for a period of three years with two one-

year options, for professional services including marketing insurance and

other risk management consultation services, and authorize the Chairman

to execute the necessary documents.

Funding is available in the Risk Management Fund budget 710-055-8011-

6326.

14N. 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. Copy of said resolution attached and made a part of

these minutes.

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14. CONSENT AGENDA (CONT.)

FINANCE (CONT.)

14O. APPROVAL OF BUTLER, SNOW, O’MARA, STEVENS AND

CANNADA, PLLC FOR BOND COUNSEL AND OTHER ISSUER’S

DISCLOSURE COUNSEL SERVICES – FINANCE

To approve the selection of Butler, Snow, O'Mara, Stevens & Cannada,

PLLC to provide Bond Counsel/Issuer's Disclosure Counsel services to the

County for a period of three years, with a County option to extend for one

two-year period contingent upon annual appropriations of funds by the

Board of Commissioners, and authorize the Chairman to execute the

necessary documents.

Funding for this type of service relating to the annual Tax Anticipation

Note issue is budgeted in the Finance Department as part of the biennial

budget process. Alternatively, funding for this type of service relating to

the issuance of bonds is paid for with that portion of the bond proceeds

designated to pay issuance costs.

TAX COMMISSIONER

14P. AUTHORIZATION TO WRITE OFF DELINQUENT PERSONAL

PROPERTY ACCOUNTS THAT WERE IN BANKRUPTCY FROM

2005-2011 AND HAVE BEEN RELEASED BY THE U. S. DISTRICT

BANKRUPTCY COURT – TAX COMMISSIONER

To authorize the Tax Commissioner to write off delinquent personal

property accounts, in the amount of $218,239.63, that were in bankruptcy

from 2005 through 2011, have been released by the U.S. District

Bankruptcy Court, and are therefore uncollectable. Copy of list of

bankrupt personal property accounts for 2013 attached and made a part of

these minutes.

COUNTY CLERK

14Q. APPROVAL OF MINUTES – COUNTY CLERK

To approve the minutes of the following meetings:

March 7, 2013 – Bus Tour of District 4

March 11, 2013 – Agenda Work Session

March 12, 2013 – Regular Meeting of the Board

March 19, 2013 – BOC Zoning Hearing

CONSENT VOTE: ADOPTED unanimously

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15. TRANSPORTATION AGENCY

Administration

15A. APPROVAL OF SETTLEMENT WITH BARBEQUE STREET

HOLDINGS, LLC IN CONNECTION WITH THOROUGHFARE

IMPROVEMENTS ON JILES ROAD – TRANSPORTATION

MOTION: Motion by Goreham, second by Ott, to approve the settlement

with Barbecue Street Holdings, LLC in connection

with thoroughfare improvements on Jiles Road, Project No. D4130,

and authorize the Chairman to execute the necessary settlement

documents.

Funding: Available in the 2005 SPLOST Transportation Improvements

Program Fund as follows:

340-050-7504-D413-8748-D4130-R

VOTE: ADOPTED unanimously

Engineering

15B. APPROVAL OF CONTRACT WITH JOHNSON LANDSCAPES,

INC. FOR CONSTRUCTION OF COOPER LAKE ROAD

SIDEWALK – TRANSPORTATION

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

with Johnson Landscapes, Inc., in an amount not to exceed $236,590.85,

for construction of Cooper Lake Road Sidewalk, Project No. E7040, MIS

Contract No. 000622, authorize the corresponding budget transactions,

and further authorize the Chairman to execute the necessary documents.

Funding: Available in the 2011 SPLOST Transportation Improvements

Program Fund with the following budget transfers:

Transfer from: 345-050-E007-E704-8761-E7040-C $214,752.10

Transfer to: 345-050-E007-E704-8762-E7040-C $214,752.10

Available in the Water System’s SPLOST Projects-Relocate Lines

Adopted CIP Budget with the following budget transfers:

Transfer from:

SPLOST Projects-Relocate Lines

Preliminary Estimates

510-500-5756-8005-W4069-Z $ 22,583.75

Transfer to:

Cooper Lake Road Sidewalk Construction

510-500-5756-8260-W4276-C $ 21,838.75

Interest on Retainage

510-500-5756-6613-W4276-A $ 110.00

Meter Purchase Replacement

510-500-5756-8456-W4276-M $ 200.00

Contingency 510-500-5756-8810-W4276-T $ 435.00

Total $ 22,583.75

VOTE: ADOPTED unanimously

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15. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

15C. APPROVAL OF CONTRACT WITH BALDWIN PAVING

COMPANY, INC. FOR SIDEWALK CONSTRUCTION ON

STEINHAUER ROAD SIDEWALK AND ROCKY MOUNTAIN

ROAD SIDEWALK – TRANSPORTATION

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

with Baldwin Paving Company, Inc., in an amount not to exceed

$353,623.20, for sidewalk construction on Steinhauer Road Sidewalk,

Project No. E7140, and Rocky Mountain Road Sidewalk, Project No.

E7150, MIS Contract No. 000629, authorize the corresponding budget

transactions, and further authorize the Chairman to execute the necessary

documents.

Funding: Available in the 2011 SPLOST Transportation Improvements

Program Fund with the following budget transfers:

Transfer from: 345-050-E007-E714-8761-E7140-C $264,683.45

345-050-E007-E715-8721-E7150-E $ 20,745.00

345-050-E007-E715-8761-E7150-C $ 33,000.00

Transfer to: 345-050-E007-E714-8762-E7140-C $231,129.95

345-050-E007-E715-8762-E7150-C $ 87,298.50

Available in the Water System’s SPLOST Projects-Relocate Lines

Adopted CIP Budget with the following budget transfers:

Transfer from:

SPLOST Projects-Relocate Lines

Preliminary Estimates 510-500-5756-8005-W4069-Z $ 36,074.75

Transfer to:

Steinhauer Road Sidewalk

Construction 510-500-5756-8260-W4279-C $23,039.00

Interest Expense on Retainage

510-500-5756-6613-W4279-A $ 115.00

Contingency 510-500-5756-8810-W4279-T $ 460.00

Total $23,614.00

Transfer to:

Rocky Mountain Road Sidewalk

Construction 510-500-5756-8260-W4278-C $12,155.75

Interest Expense on Retainage

510-500-5756-6613-W4278-A $ 60.00

Contingency 510-500-5756-8810-W4278-T $ 245.00

Total $12,460.75

VOTE: ADOPTED unanimously

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15. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

15D. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE

CONTRACT WITH D & H CONSTRUCTION COMPANY, INC.

FOR DRAINAGE SYSTEM IMPROVEMENTS ON MANER ROAD

– TRANSPORTATION

MOTION: Motion by Ott, second by Goreham, 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 $43,109.50, for drainage system

improvements on Maner Road, Project No. E2050, MIS Contract No.

000558, 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 345061212409:

345-050-E002-E205-8762-E2050-C $19,939.50

A savings to the Water System’s Miscellaneous County Roadway

Improvements Adopted CIP Budget with the following budget transfers:

Decrease GAE 510061212409:

510-500-5756-8260-W4266-C $23,170.00

Transfer from:

Maner Road

Construction Change Order No. 1

510-500-5756-8260-W4266-C $23,170.00

Transfer to:

Miscellaneous County Roadway Improvements

Preliminary Estimates

510-500-5756-8005-W4072-Z $23,170.00

VOTE: ADOPTED unanimously

15E. AUTHORIZATION TO PURCHASE MITIGATION CREDITS

FROM MITIGATION CREDITS SALES, LLC FOR STREAM AND

WETLAND IMPACTS ASSOCIATED WITH ROADWAY

IMPROVEMENTS ON QUEEN MILL ROAD –

TRANSPORTATION

MOTION: Motion by Cupid, second by Birrell, to authorize the purchase

of mitigation credits from Mitigation Credit Sales, LLC, in an amount not

to exceed $45,563.68, for stream and wetland impacts associated with

roadway improvements on Queen Mill Road, Project No. D6200, and

further authorize the corresponding budget transaction.

Funding: Available in the 2005 SPLOST Transportation Improvements

Program with the following budget transfer:

Transfer from: 340-050-7506-D620-8721-D6200-E $45,563.68

Transfer to: 340-050-7506-D620-8722-D6200-E $45,563.68

VOTE: ADOPTED unanimously

Page 97 of 152

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 26, 2013

PAGE 17

15. TRANSPORTATION AGENCY (CONT.)

Traffic Operations

15F. AUTHORIZATION TO PROCURE HARDWARE AND

SOFTWARE TO UPGRADE THE REGIONAL

TRANSPORTATION MANAGEMENT CENTER FOR

ADVANCED TRANSPORTATION MANAGEMENT SYSTEMS-

PHASE 8 – TRANSPORTATION

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

procurement of hardware and software, in an amount not to exceed

$80,000.00, to upgrade the Regional Transportation Management Center

for Advanced Transportation Management Systems-Phase 8, Project No.

E5010, and further authorize the corresponding budget transactions.

Funding is available in the 2011 SPLOST Transportation Improvements

Program Fund with the following budget transfer:

Transfer from: 345-050-E005-E501-8761-E5010-C $80,000.00

Transfer to: 345-050-E005-E501-6258-E5010-O $21,366.90

345-050-E005-E501-6262-E5010-O $24,264.93

345-050-E005-E501-6386-E5010-O $25,144.30

345-050-E005-E501-6491-E5010-O $ 1,306.67

345-050-E005-E501-8005-E5010-P $ 7,917.20

VOTE: ADOPTED unanimously

16. COMMUNITY DEVELOPMENT AGENCY

Planning Division

16A. AUTHORIZATION FOR STAFF TO PURSUE A MID-YEAR

COMPREHENSIVE PLAN AMENDMENT PROCESS TO

EVALUATE SPECIFIC AREAS OF AUSTELL ROAD –

TRANSPORTATION

MOTION: Motion by Cupid, second by Birrell, to authorize staff to

pursue a mid-year Comprehensive Plan Amendment process to evaluate

specific areas of Austell Road.

VOTE: ADOPTED unanimously

17. BOARD OF COMMISSIONERS

17A. ADOPTION OF THE AUDIT COMMITTEE CHARTER

ESTABLISHING ITS PURPOSE AND RESPONSIBILITIES –

BOARD OF COMMISSIONERS

MOTION: Motion by Lee, second by Birrell, to adopt the Audit

Committee Charter establishing its purpose and responsibilities in

accordance with the Board of Commissioners’ Resolution, as adopted on

July 10, 2012.

Copy of said said Charter attached and made a part of these minutes.

VOTE: ADOPTED unanimously

Page 98 of 152

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 26, 2013

PAGE 18

17. BOARD OF COMMISSIONERS (CONT.)

17B. ADOPTION OF THE COMPENSATION COMMITTEE CHARTER

ESTABLISHING ITS PURPOSE AND RESPONSIBILITIES –

BOARD OF COMMISSIONERS

MOTION: Motion by Lee, second by Goreham, to adopt the

Compensation Committee Charter establishing its purpose and

responsibilities in accordance with the Board of Commissioners’

Resolution, as adopted on July 10, 2012.

Copy of said Charter attached and made a part of these minutes.

VOTE: ADOPTED unanimously

17C. APPOINTMENT OF SUPPORT SERVICES DIRECTOR

MOTION: Motion by Lee, second by Goreham, to appoint Willie A.

Hopkins, Jr. as Support Services Agency Director.

VOTE: ADOPTED unanimously

18. FINANCE

18A. ADOPTION OF RESOLUTION AUTHORIZING THE ISSUANCE

OF COBB COUNTY, GEORGIA GENERAL OBLIGATION TAX

ANTICIPATION NOTES, SERIES 2013 – FINANCE

MOTION: Motion by Lee, second by Birrell, to adopt a TANs resolution

which, among other matters, includes the following stipulations:

• Authorize the issuance of the $67,000,000.00 in original aggregate

principal amount of "Cobb County, Georgia General Obligation Tax

Anticipation Notes, Series 2013,"

• Ratify and confirm the acceptance of the bid for purchase of the

TANS from, and the award of the sale of the TANs to, the lowest

responsive bidder Mitsubishi UFJ Securities (USA), Inc. at a rate of

0.160611% and,

• Further authorize the Chairman and certain other officers of the

County to execute the necessary documents.

Copy of said Resolution attached and made a part of these minutes.

Funding: Interest earnings are included in Finance Department (General

Fund) and Fire Fund budgets. Interest expense is included in Finance

Department (General Fund) and Fire Fund budgets. Issuance costs have

been budgeted in the Finance Department (General Fund) budget.

VOTE: ADOPTED unanimously

Page 99 of 152

MINUTES OF REGULAR MEETING

COBB COUNTY BOARD OF COMMISSIONERS

MARCH 26, 2013

PAGE 19

19. SUPERIOR COURT

19A. WITHDRAWAL OF REQUEST FOR AUTHORIZATION TO

ACCEPT GRANT FUNDS FROM THE CRIMINAL JUSTICE

COORDINATING COUNCIL TO ESTABLISH AND FUND A NEW

MENTAL HEALTH COURT – SUPERIOR COURT

This agenda item was withdrawn from this agenda and was not

considered at this meeting.

20. PUBLIC COMMENT – MR. ERIK GIJLSTRA

Mr. Erik Gijlstra of Boy Scout Troop 008 addressed the Board regarding the

tenure of Chairman Tim Lee.

21. APPOINTMENT – ERICA CLEMENTS - COMMUNITY RELATIONS

COUNCIL

MOTION: Motion by Birrell, second by Lee, to approve the appointment of

Erica Clements to the Community Relations Council, for a term balance to expire

December 31, 2013. Said appointment replaces Rev. Evelyn Taylor.

VOTE: ADOPTED unanimously

ADJOURNMENT

The meeting was adjourned at 8:16 p.m.

____________________________________________

Karen L. King, CCC

Assistant County Clerk

Cobb County Board of Commissioners

Page 100 of 152

COBB COUNTY TRANSPORTATION AGENCY

REGULAR AGENDA COVER

REGULAR MEETING OF APRIL 9, 2013

ITEM NO.

Engineering

1 To approve Change Order No. 6 (final) to the contract with C.W. Matthews Contracting Company, Inc., for construction of Windy Hill Road/Macland Road Connector, Project No. D4240, and thoroughfare improvements on Callaway Road, Project No. D4060, MIS Contract No. 000263.

2 To approve a contract with Long Engineering, Inc., for engineering design services of bridge replacement on Stout Parkway over Gothards Creek, Project No. E1080, MIS Contract No. 000644.

3 To approve the ranking of the three most qualified firms for design of intersection safety and operational improvements on Cobb Parkway/US41/SR3 at Dallas Acworth Highway/SR92, State P.I. No. 0010939, Cobb County Project No. E4070.

4 To approve an Intergovernmental Agreement with the Cobb County School District for construction of school zone safety and operational improvements on Indian Hills Parkway at East Side Elementary School, Project No. E8060.

5 To approve an Intergovernmental Agreement with the City of Marietta for the resurfacing of County-maintained streets within the Marietta city limits, Project No. E9080.

6 To approve Resurfacing Contract 2013-1 Countywide Major Thoroughfares (Local Maintenance Improvement Grant) with C.W. Matthews Contracting Company, Inc., for the resurfacing of County-maintained streets, Project No. E9080, MIS Contract No. 000634.

7 To approve Supplemental Agreement No. 1 to the contract with Baldwin Paving Company, Inc., for drainage system improvements on Mabry Road, Project No. E2090, MIS Contract No. 000578.

Transit

8 To revise the Cobb Community Transit Advertising Program Plan specifications regarding exterior bus advertising, and approve Amendment No. 1 to the three-year revenue generating contract with Signal Outdoor Advertising, LLC to incorporate the revised Advertising Program Plan.

Page 101 of 152

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: April 9, 2013

PURPOSE To approve Change Order No. 6 (final) to the contract with C.W. Matthews Contracting Company, Inc., for construction of Windy Hill Road/Macland Road Connector, Project No. D4240, and thoroughfare improvements on Callaway Road, Project No. D4060, MIS Contract No. 000263.

BACKGROUND

Windy Hill Road/Macland Road Connector and Callaway Road are approved thoroughfare improvement projects in the 2005 SPLOST Transportation Improvements Program. The projects consisted of the construction of a new, two-mile long, four-lane divided roadway that connects Windy Hill Road and Macland Road, and included minor widening of Callaway Road. On October 14, 2008, the Board of Commissioners approved a contract with C.W. Matthews Contracting Company, Inc., for the construction of Windy Hill Road/Macland Road Connector and thoroughfare improvements on Callaway Road. On February 10, 2009, the Board approved Supplemental Agreement No. 1 to the contract with C.W. Matthews Contracting Company, Inc., for rock excavation associated with the relocation of the Solid Waste Vegetative Site. On March 10, 2009, the Board approved Supplemental Agreement No. 2 and Change Order No. 1 to the contract with C.W. Matthews Contracting Company, Inc., for construction of Bridge No. 4, providing connectivity to Jim R. Miller Park.

Comm. Dist. 4

Agenda Item Number. 1

Page 102 of 152

On April 14, 2009, the Board approved Supplemental Agreement No. 3 to the contract with C.W. Matthews Contracting Company, Inc., for construction of the Cheatham Hill Road Bridge over Ward Creek, Project No. D1060. On April 29, 2009, the Board approved Change Order No. 2 to the contract with C.W. Matthews Contracting Company, Inc., for replacement of additional unsuitable material due to poor soils and groundwater located along the new roadway alignment. On June 23, 2009, the Board approved Supplemental Agreement No. 4 to the contract with C.W. Matthews Contracting Company, Inc., for plan revisions which included stream buffer permit requirements, driveway modifications, and water line work. On June 23, 2009, the Board approved the schematic design for relocation of Fire Station No. 30, located along the Windy Hill Road/Macland Road Connector. On August 11, 2009, the Board approved Supplemental Agreement No. 5 to the contract with C.W. Matthews Contracting Company, Inc., for grading work related to relocation of Fire Station No. 30. On September 22, 2009, the Board approved Supplemental Agreement No. 6 to the contract with C.W. Matthews Contracting Company, Inc., for placement of graded aggregate base, additional asphalt, curb and gutter, and fence installation at Jim R. Miller Park. These improvements were funded by the Department’s FY09 approved General Fund Operating/Capital Budgets. On March 23, 2010, the Board approved Supplemental Agreement No. 7 to the contract with C.W. Matthews Contracting Company, Inc., for removal and relocation of communication fiber, removal of a cell tower caisson, landscaping at Milford Elementary School, and excavation at Fire Station No. 30. On May 25, 2010, the Board approved Supplemental Agreement No. 8 and Change Order No. 3 to the contract with C.W. Matthews Contracting Company, Inc., for additional concrete side barrier, removal of pilot holes, Type 2B side barrier, asbestos removal and asphalt quantities. On October 12, 2010, the Board approved Supplemental Agreement No. 9 and Change Order No. 4 to the contract with C.W. Matthews Contracting Company, Inc., for contract changes resulting from redesign of the Lamplighter Village area. The contract completion time was also extended through August 31, 2011. On April 12, 2011, the Board approved Supplemental Agreement No. 10 and Change Order No. 5 to the contract with C.W. Matthews Contracting Company, Inc., for additional pipe and drainage structure modifications, the addition of turned-up sidewalk and retaining wall quantity reductions.

Agenda Item Number. 1

Page 103 of 152

Details for action requested are as follows: Construction of this project is complete and Change Order No. 6 (final) to the contract, a savings to the project in the amount of $2,097,253.83, is requested due to variations between the original and final plan quantities. These variations included underruns in foundation backfill, concrete, slope stabilization materials, mulch, and asphalt items, including a credit adjustment for asphalt index. These are the final changes necessary to close this contract with C.W. Matthews Contracting Company, Inc.

Original Contract $23,183,235.60

Supplemental Agreement No. 1 $ 105,000.00

Supplemental Agreement No. 2 $ 2,431,019.26

Change Order No. 1 $ 402,367.09

Supplemental Agreement No. 3 $ 504,687.03

Change Order No. 2 $ 138,669.00

Supplemental Agreement No. 4 $ 205,121.78

Supplemental Agreement No. 5 $ 197,400.00

Supplemental Agreement No. 6 $ 63,644.63

Supplemental Agreement No. 7 $ 142,977.15

Supplemental Agreement No. 8 $ 325,579.00

Change Order No. 3 ($ 339,587.60)

Supplemental Agreement No. 9 $ 2,109,555.11

Change Order No. 4 ($ 1,589,556.18)

Supplemental Agreement No. 10 $ 68,340.17

Change Order No. 5 ($ 85,395.63)

Change Order No. 6(final) ($ 2,097,253.83)

Revised Contract $25,765,802.58

Agenda Item Number. 1

Page 104 of 152

FUNDING A savings to the 2005 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: Windy Hill Road/Macland Road Connector and Callaway Road Thoroughfare Improvements

Transfer to: SPLOST Projects-Relocate Lines

Decrease GAE 340101408403: 340-050-7504-D424-8762-D4240-C $2,076,559.73

Decrease GAE 510101408403: 510-500-5756-8260-W4144-C $20,694.10

Construction Change Order No. 6 (final) 510-500-5756-8260-W4144-C $20,694.10

Preliminary Estimates 510-500-5756-8005-W4069-Z $20,694.10

RECOMMENDATION The Board of Commissioners approve Change Order No. 6 (final), to the contract with C. W. Matthews Contracting Company, Inc., a savings to the project in the amount of $2,097,253.83, for construction of Windy Hill Road/Macland Road Connector, Project No. D4240, and thoroughfare improvements on Callaway Road, Project No. D4060, MIS Contract No. 000263, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 1

Page 105 of 152

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: April 9, 2013

PURPOSE To approve a contract with Long Engineering, Inc., for engineering design services of bridge replacement on Stout Parkway over Gothards Creek, Project No. E1080, MIS Contract No. 000644.

BACKGROUND

On November 27, 2012, the Board of Commissioners authorized the advertisement for and conduct of a public hearing prior to expending $100,000.00 or more to perform engineering design services for specific projects in the 2011 SPLOST Transportation Improvements Program, and also authorized the issuance of Requests for Proposals (RFP) to procure these services. Stout Parkway over Gothards Creek was one of the projects specified. The public hearing was held on January 22, 2013. The project intent is to replace the existing weight-restricted bridge and provide pedestrian accommodations on the bridge to connect to pedestrian facilities in the area. The RFP was advertised in the Marietta Daily Journal on January 18 and 25, 2013, and on February 1 and 8, 2013, in accordance with Selection Process 2 (Competitive Proposals) of the Policy for Procurement of Professional Services, as amended by the Board on December 20, 2011. Proposals were received on February 14, 2013, with eight firms responding. The following individuals served on the selection committee for this project: David Griffin, Landscape Architect, and Terry Martin, Planner II, Community Development; Bob Galante, Engineer IV, and Bryan Ricks, Engineer III, Transportation; and Rich Whittman, Engineer III, Water System.

Comm. Dist. 4

Agenda Item Number. 2

Page 106 of 152

The selection committee reviewed the proposals and ranked the firms based on their understanding of the project, proposed staffing and qualifications, level of experience and performance on projects of similar scope/complexity, project approach, overall responsiveness to the County's needs, evaluation of the firm's availability and current workload, local vendor presence, and financial stability. In addition, Selection Process 2 includes weighting of each firms scoring based on prices submitted as part of the proposal. As a result, the fee is included in the overall proposal, which allows the Department to recommend awarding the contract to the top ranked firm. The committee ranked the top three firms, in order, as follows:

The Department recommends approval of a contract with Long Engineering, Inc., in an amount not to exceed $144,600.00, for engineering design services of bridge replacement on Stout Parkway over Gothards Creek.

Long Engineering, Inc.

Michael Baker Jr., Inc.

Vaughn & Melton

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

Transfer from: 345-050-E001-E108-8721-E1080-E $130,500.00

345-050-E001-E108-8761-E1080-C $14,100.00

Transfer to: 345-050-E001-E108-8722-E1080-E $144,600.00

RECOMMENDATION The Board of Commissioners approve a contract with Long Engineering, Inc., in an amount not to exceed $144,600.00, for engineering design services of bridge replacement on Stout Parkway over Gothards Creek, Project No. E1080, MIS Contract No. 000644, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Agenda Item Number. 2

Page 107 of 152

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PROJECT:Stout Parkway over Gothards Creek Bridge Replacement, Project No. E1080

[

DATE:April 9, 2013

Notes: Commission District 4

Cobb CountyDepartment of Transportation

LOCATION MAP

Project Location

k

Page 108 of 152

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: April 9, 2013

PURPOSE To approve the ranking of the three most qualified firms for design of intersection safety and operational improvements on Cobb Parkway/US41/SR3 at Dallas Acworth Highway/SR92, State P.I. No. 0010939, Cobb County Project No. E4070.

BACKGROUND

On November 27, 2012, the Board of Commissioners authorized the advertisement for and conduct of a public hearing prior to expending $100,000.00 or more to perform engineering design services for specific projects in the 2011 SPLOST Transportation Improvements Program, and also authorized the issuance of Requests for Proposals (RFP) to procure these services. Cobb Parkway/US41/SR3 at Dallas Acworth Highway/SR92 was one of the projects specified. The public hearing was held on January 22, 2013. The project consists of the addition of a dual left turn lane on Cobb Parkway northbound to SR92 southbound. SR92 southbound will be widened to two lanes from Cobb Parkway to Acworth Dallas Road. SR92 northbound will be widened for an exclusive right turn lane. Other intersection improvements include new crosswalks and pedestrian signalization, new traffic signalization, resurfacing of the intersection and widened sections, associated pavement marking and signage. The RFP was advertised in the Marietta Daily Journal on January 18 and 25, 2013, and on February 1 and 8, 2013, in accordance with Selection Process 1 (Competitive Negotiations) of the Policy for Procurement of Professional Services, as amended by the Board on December 20, 2011. Proposals were received on February 14, 2013, with 13 firms responding.

Comm. Dist. 1

Agenda Item Number. 3

Page 109 of 152

The following individuals served on the selection committee for this project: Phil Westbrook, Planner III, Community Development; Tom Bills, Construction Project Manager, Parks and Recreation; Chris Pruitt, Engineer III, Jane Stricklin, Engineer III, and Mike Wright, Engineer III, Transportation; Tim Steenhoek, Engineer III, Water System; and Peter Emmanuel, Project Manager, Georgia Department of Transportation. The selection committee reviewed the proposals and ranked the firms based on their understanding of the project, proposed staffing and qualifications, level of experience and performance on projects of similar scope/complexity, project approach, overall responsiveness to the County's needs, evaluation of firm's availability and current workload, local vendor presence, and financial stability. The committee recommends the three most qualified firms to be, in order, as follows:

URS Corporation

TranSystems

Michael Baker Jr., Inc.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve the ranking of the three most qualified firms for design of intersection safety and operational improvements on Cobb Parkway/US41/SR3 at Dallas Acworth Highway/SR92, State P.I. No. 0010939, Cobb County Project No. E4070, and authorize negotiations for final scope of services and fee beginning with the top-ranked firm, URS Corporation, utilizing Selection Process 1 (Competitive Negotiations).

ATTACHMENTSLocation Map

Agenda Item Number. 3

Page 110 of 152

B A R T O W

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PROJECT:US41/Cobb Parkway atSR92/Dallas Acworth HighwayCobb Project No. E4070GDOT P.I. No. 0010939 [

DATE:April 9, 2013

Notes: Commission District 1

Cobb CountyDepartment of Transportation

LOCATION MAP

Project Location

k

Page 111 of 152

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: April 9, 2013

PURPOSE To approve an Intergovernmental Agreement with the Cobb County School District for construction of school zone safety and operational improvements on Indian Hills Parkway at East Side Elementary School, Project No. E8060.

BACKGROUND

Indian Hills Parkway at East Side Elementary School is an approved school zone safety and operational improvements project in the 2011 SPLOST Transportation Improvements Program. During the 2011-2012 school year, the Department and the Cobb County School District (CCSD) reviewed concerns from East Side Elementary School staff and the East Side Foundation regarding Indian Hills Parkway at the main school driveway. The Department and CCSD confirmed existing traffic operational and safety issues, resulting in the need for a joint project to address identified concerns. Project improvements consist primarily of adding a right turn lane and creation of a U-turn lane on Indian Hills Parkway to enhance the safety of traffic and pedestrian movements at the main school driveway. There is also a need for associated improvements to the school driveway. Both the Department and the CCSD have coordinated efforts, in accordance with the Working Protocol effective November 2010, in developing plans to incorporate roadway and on-site improvements into one joint project.

Comm. Dist. 2

Agenda Item Number. 4

Page 112 of 152

The CCSD has agreed to fund a portion of construction, in an amount not to exceed $20,000.00, for improvements to the main driveway located on school property. The Department will include CCSD improvements in its contract for Indian Hills Parkway at East Side Elementary School improvements, to be awarded at a later date. This Intergovernmental Agreement with CCSD, which further defines the responsibilities of each party, is contingent upon CCSD Board approval. The County Attorney has reviewed the Intergovernmental Agreement.

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve an Intergovernmental Agreement with the Cobb County School District (CCSD), in a form substantially similar to the attached and as approved by the County Attorney’s office, in an amount not to exceed $20,000.00, for construction of school zone safety and operational improvements on Indian Hills Parkway at East Side Elementary School, Project No. E8060, and authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Intergovernmental Agreement

Agenda Item Number. 4

Page 113 of 152

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Rose GardenMontessoriSchool

GoddardSchool

Mt Zion UMCPreschool

Mt BethelChristianAcademy

EASTCOBBPARK

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PROJECT:Indian Hills Parkway atEast Side Elementary School Project No. E8060

[

DATE:April 9, 2013

Notes: Commission District 2

Cobb CountyDepartment of Transportation

LOCATION MAP

Project Location

k

Page 114 of 152

Page 115 of 152

Page 116 of 152

Page 117 of 152

Page 118 of 152

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: April 9, 2013

PURPOSE To approve an Intergovernmental Agreement with the City of Marietta for the resurfacing of County-maintained streets within the Marietta city limits, Project No. E9080.

BACKGROUND

Resurfacing is an approved component in the 2011 SPLOST Transportation Improvements Program. The Department is recommending award of Resurfacing Contract 2013-1 Local Maintenance and Improvement Grant (LMIG) to C.W. Matthews Contracting Company, Inc., to resurface 43 County-maintained roads totaling 50.92 miles. An agenda item to award this contract is being presented to the Board of Commissioners concurrent with this agenda item. Two of the roads included in this resurfacing contract, Church Street Extension and Terrell Mill Road, cross into the City of Marietta (City); therefore, the City is responsible for the maintenance of these two roads within the city limits. As it is to the mutual benefit of both the County and the City, the Department has reached a cost sharing arrangement with the City’s Department of Public Works for resurfacing costs associated with these two roads. The lead role in this project will be taken by the Department, as the majority of the resurfacing will occur on the County-maintained portions of these roads, with the County being responsible for managing both portions of the project. Per the terms of the Intergovernmental Agreement (IGA), the City will reimburse the County for the cost to resurface the City portion of both roads, in an amount not to exceed $139,768.20. The IGA with the City is contingent upon the City Council's approval. The County Attorney has reviewed the Intergovernmental Agreement.

Comm. Dist.

1 and 2

Agenda Item Number. 5

Page 119 of 152

FUNDING N/A

RECOMMENDATION The Board of Commissioners approve an Intergovernmental Agreement with the City of Marietta, in a form substantially similar to the attached and as approved by the County Attorney’s office, in an amount not to exceed $139,768.20, for the resurfacing of County-maintained streets within the Marietta city limits, Project No. E9080, and authorize the Chairman to execute the necessary documents.

ATTACHMENTSLocation Map

Intergovernmental Agreement

Agenda Item Number. 5

Page 120 of 152

LOCATION MAP

PROJECT:Resurfacing Contract 2013-1 (LMIG)Project No. E9080

DATE:April 9, 2013

Cobb CountyDepartment of Transportation

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[Page 121 of 152

Page 1 of 3

INTERGOVERNMENTAL AGREEMENT BETWEEN

CITY OF MARIETTA

AND COBB COUNTY BOARD OF COMMISSIONERS

THIS AGREEMENT is made and entered into this day of , 2013, by and

between the City of Marietta, Georgia (the “City”) and Cobb County, a political subdivision of the

State of Georgia (“Cobb County”);

W I T N E S S E T H:

WHEREAS, the City desires to resurface two roads within the City Limits (the “Project”),

as fully described in the attached Exhibit A, and Cobb County has agreed to pay for a portion of the

construction costs for this Project; and

WHEREAS, this Agreement is intended to govern the understandings and responsibilities

of the City and Cobb County in relation to the Project.

NOW THEREFORE, in consideration of the promises, the mutual covenants herein

contained and the sum of Ten and 00/100 ($10.00) Dollars by each of the parties to the other in

hand paid, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree

to the following terms and conditions with regard to the Project:

1.

The City will pay to Cobb County One Hundred Thirty Nine Thousand Seven Hundred

Sixty Eight and 20/100 Dollars ($139,768.20) to financially assist with the Project as part of the

2011 SPLOST Transportation Improvements Program, Project No. E9080. Payment of such

amount shall be made upon receipt of invoice, at the completion of the resurfacing, from the Cobb

County Department of Transportation to the Public Works Director of the City of Marietta.

Payment shall be made within 60 days of receipt of invoice. The scope of the Project for which

City funds will be used, is to assist in the resurfacing of portions of County roadway located within

the City Limits. The City of Marietta shall have no other obligations or responsibilities with regard

to the Project.

2.

The Cobb County Department of Transportation shall be responsible for all engineering,

design, construction and oversight related to the overall Project, with the City also inspecting all

work performed on these roadways prior to payment to Cobb County.

3.

The Effective Date of this Agreement shall be the date the last party executes it and the term

of the Agreement shall be for one (1) year; however, any terms or provisions that should naturally

survive termination of this Agreement, shall so survive.

Page 122 of 152

Page 2 of 3

4.

This Agreement constitutes the entire understanding between the parties, and as of its

effective date, supersedes all prior oral or written understandings between the parties concerning

the subject matter of this Agreement

5.

If any provision of this Agreement, or the application thereof, is determined to be invalid

or unenforceable for any reason, the remainder of that provision and all other provisions of this

Agreement shall remain valid and enforceable.

6.

Each of the individuals executing this Agreement on behalf of the City and Cobb County

represents to the other party that such individual is authorized to do so.

7.

This Agreement shall be governed in all respects by the laws of the State of Georgia, and

any action to enforce this Agreement shall be brought in a court of competent jurisdiction located

in Cobb County, Georgia. Notwithstanding the above, however, the parties acknowledge that

disputes under this Agreement may arise from time to time, and agree that they in good faith will

attempt to resolve any such disputes amicably or through non-binding mediation prior to

instituting any legal action.

8.

All notices and other communications required or permitted under this Agreement shall

be in writing and shall be sent by certified mail, return receipt requested with postage and fees

prepaid to the addresses set forth below, and shall be deemed to be effective when actually

received or refused. Either party may change the address to which future notices or other

communications shall be sent by notifying the other party.

If to the City of Marietta: Public Works Director

City of Marietta

205 Lawrence Street

Marietta, GA 30064

Page 123 of 152

Page 3 of 3

If to Cobb County: Director

Cobb County Department of Transportation

1890 County Services Parkway

Marietta, Georgia 30008

IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their

Seals the day and year written below. This Agreement may be executed in counterparts and when

combined shall constitute but on original document.

CITY OF MARIETTA

By

Attest: Title:

By: Date:

Title:

(Seal)

COBB COUNTY, GEORGIA

By:

Chairman, Board of Commissioners

Attest:

By: Date:

Cobb County Clerk

(Seal)

Director

Department of Transportation

Rev3.27.12

Page 124 of 152

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: April 9, 2013

PURPOSE To approve Resurfacing Contract 2013-1 Countywide Major Thoroughfares (Local Maintenance Improvement Grant) with C.W. Matthews Contracting Company, Inc., for the resurfacing of County-maintained streets, Project No. E9080, MIS Contract No. 000634.

BACKGROUND

Resurfacing is an approved component in the 2011 SPLOST Transportation Improvements Program (TIP). On October 9, 2012, the Board of Commissioners approved the Local Maintenance and Improvement Grant (LMIG) Program application for Fiscal Year 2013 with the Georgia Department of Transportation (GDOT) for the resurfacing of 32 County-maintained roads. Under the terms of the program, the State agreed to fund the grant in the amount of $3,595,001.19. In accordance with the Transportation Investment Act, the County is required to match the GDOT grant funding with a minimum 30 percent match. The County has received and appropriated the grant funding from GDOT. Bids were solicited on a unit price basis for variable depth milling, patching, leveling, resurfacing, full depth reclaimed base construction, hot-in-place recycled asphaltic concrete and pavement markings. This resurfacing contract consists of 43 roads totaling 50.92 miles. Attached is the recommended list of streets to be paved under this contract. This list may be modified based on field conditions. In addition, the contract provides for the resurfacing of two Cobb County Fire Station parking lots, and the resurfacing of a section of Bill Hutson Way for the Cobb County Sheriff’s Office.

Comm. Dist.

All

Agenda Item Number. 6

Page 125 of 152

This contract, when combined with the nine resurfacing contracts awarded since October 2011, reflects a proportional representation of 580 streets within the County’s four Commission Districts, and $42,379,034.90 of investment in preserving County infrastructure. The Invitation to Bid for Resurfacing Contract 2013-1 Countywide Major Thoroughfares (LMIG) was advertised in the Marietta Daily Journal on February 15 and 22, 2013, and on March 1 and 8, 2013. Bids were received on March 14, 2013, from the following companies:

The low bid of $12,719,026.43 from C.W. Matthews Contracting Company, Inc., was reviewed and found to be reasonable and responsive. The contract completion date for this work is December 31, 2013. Two of the roads included in this resurfacing contract, Church Street Extension and Terrell Mill Road, cross into the City of Marietta (City); therefore, the City is responsible for the maintenance of these two roads within the city limits. As it is to the mutual benefit of both the County and the City, the Department has reached a cost sharing arrangement with the City's Department of Public Works for resurfacing costs associated with these two roads. An agenda item to approve an Intergovernmental Agreement with the City of Marietta is being presented to the Board concurrent with this agenda item. The State LMIG contract will contribute a total of $3,595,001.19 toward Resurfacing Contract 2013-1 Countywide Major Thoroughfares (LMIG). The 2011 SPLOST TIP will fund a portion of this contract, in an amount not to exceed $8,914,721.09. The balance of $209,304.15 will be funded by the City of Marietta, the General Fund and the 2011 SPLOST Public Safety Improvements Fund, as shown below.

Company Bid Amount

C.W. Matthews Contracting Company, Inc. $12,719,026.43

Baldwin Paving Company, Inc. $12,864,530.82

Northwest Georgia Paving, Inc. $12,993,547.10

Stewart Brothers, Inc. $15,883,274.14

E.R. Snell Contractor, Inc. $16,831,421.10

FUNDING

Available in the 2011 SPLOST Transportation Improvements Program (TIP) Fund as follows:

345-050-E009-E908-8762-E9080-C $3,595,001.19

Agenda Item Number. 6

Page 126 of 152

Appropriate receipt of additional funding to the 2011 SPLOST TIP Fund from the City of Marietta as follows:

Available in the 2011 SPLOST TIP Fund with the following budget transfers:

Available in the 2005 SPLOST Sheriff’s Detention Facility Expansion Program as follows:

Available in the 2011 SPLOST Public Safety Improvements Program as follows:

Increase Revenue Appropriation: 345-050-E009-E908-4506-E9080-C $139,768.20

Increase Expenditure Appropriation: 345-050-E009-E908-8762-E9080-C $139,768.20

Transfer from:345-050-E009-E908-8761-E9080-C $3,044,000.00

345-050-E009-E904-8761-E9040-C $ 585,337.32

345-050-E009-E905-8761-E9050-C $2,145,608.77345-050-E009-E906-8761-E9060-C $2,919,375.00345-050-E005-E504-8761-E5040-C $ 220,400.00

Transfer to: 345-050-E009-E908-8762-E9080-C $8,914,721.09

340-210-7600-7600-8762-JAIL1-A $ 38,176.60

345-130-E102-EPS3-8024-EPS31-C $31,359.35

RECOMMENDATION The Board of Commissioners approve Resurfacing Contract 2013-1 Countywide Major Thoroughfares (Local Maintenance Improvement Grant) with C.W. Matthews Contracting Company, Inc., in an amount not to exceed $12,719,026.43, for the resurfacing of County-maintained streets, Project No. E9080, MIS Contract No. 000634, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTSStreet List for Resurfacing Contract 2013-1

Agenda Item Number. 6

Page 127 of 152

Resurfacing Contract 2013-1 Countywide Major Thoroughfares (LMIG)

Project No. E9080Streets List

No. Road Name Begin EndComm

District

Length

(miles)

1 Pebblebrook Road Veterans Memorial HighwayBuckner Road 4 2.43

2 Interstate North Parkway Powers Ferry Road Fulton County 2 0.34

3 Interstate North Parkway East Interstate North Parkway Powers Ferry Road 2 0.19

4 Interstate North Parkway Interstate North Parkway Windy Hill Road 2 0.55

5 Flint Hill Road Ewing Road Powder Springs Road 4 0.80

6 Cheatham Hill Road Powder Springs Road John Ward Road 1 2.05

7 Six Flags Road (aka Riverside Pkwy) Riverside Parkway/White Road Douglas County/Six Flags Road 4 0.38

8 Old Stilesboro Road Dallas Acworth Highway County Line Road 1 1.76

9 Hillcrest Drive South Gordon Road Six Flags Parkway 4 1.35

10 Fairfield Drive Lower Roswell Road Indian Hills Parkway 2 1.35

11 Sewell Mill Road Roswell Road (new pavement limit) Johnson Ferry Road 2&3 3.69

12 New Paces Ferry Road Paces Ferry Road Paces Ferry Road 2 0.48

13 Finch Road Hill Road Powder Springs Dallas Road 4 1.26

14 Terrell Mill Road South Cobb Parkway Powers Ferry Road 2 1.69

15 Pair Road Powder Springs Road Shadyside Road 4 0.44

16 Duncan Road McCollum Parkway Barrett Lakes Boulevard 1 0.91

17 Six Flags Drive Blair Bridge Road Factory Shoals Road 4 1.25

18 Log Cabin Drive Dead End Beech Haven Trail 2 1.13

19 Kurtz Road Bells Ferry Road Canton Road 3 1.28

20 Spring Hill Parkway Mount Wilkinson Parkway Cumberland Boulevard 2 0.90

21 Barrett Lakes Boulevard Barrett Parkway Chastain Road 1 2.10

22 Clay Road Austell Powder Springs Road Austell Road 4 2.85

23 Hicks Road Floyd Road Austell Road 4 3.56

24 Factory Shoals Road Six Flags Drive Mableton Parkway 4 1.79

25 Piedmont Road Bells Ferry Road Canton Road 3 1.32

26 Humpries Hill Road Hiram Lithia Springs Road CH James Parkway 4 1.14

27 Shadyside Road Pair Road Hurt Road 4 0.58

28 Powers Road Woodlawn Drive Johnson Ferry Road 2 0.48

29 Corner Road Macland Road Lost Mountain Road 1 2.30

30 Church Street Extension Old 41 Highway Canton Road Connector S 1 0.62

31 Florence Road Glendora Drive Macland Road 4 1.50

32 McDuffie Road Anderson Mill Road Austell Road 4 0.73

33 Old Stilesboro Road Acworth Due West Road Stilesboro Road 1 1.45

34 Windy Ridge Parkway Powers Ferry Road Powers Ferry Road 2 0.36

35 Windy Ridge Parkway Ext Windy Ridge Parkway Windy Hill Road 2 0.23

36 Meadows Road Hiram Lithia Springs Road Olglesby Road 4 1.77

37 Bill Hutson Way Cobb Sheriff's Office Property Cobb Sheriff's Office Property 1 0.15

38 Morris Road Paulding County Line Hiram Lithia Springs 4 0.34

39 Busbee Pkwy Wade Green Road LA Fitness Driveway (1,400') 1 0.27

40 Sanders Road Powder Springs Road Chestnut Grove Road 4 1.82

41 Old Bankhead Hwy Veterans Memorial Hwy Old Powder Springs Road 4 0.48

42 Mars Hill Road Kemp Ridge Road New paving limit 1 0.13

43 Beech Haven Trail Log Cabin Road Cumberland Pkwy 2 0.69

44 CCFD #19 2

45 CCFD #27 4 50.92

Powers Ferry Road near Terrell Mill Rd

Veterans Memorial Hwy at Pebblebrook Rd

Page 128 of 152

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: April 9, 2013

PURPOSE To approve Supplemental Agreement No. 1 to the contract with Baldwin Paving Company, Inc., for drainage system improvements on Mabry Road, Project No. E2090, MIS Contract No. 000578.

BACKGROUND

Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. The existing drainage pipe under Mabry Road is an inadequate 48-inch reinforced concrete pipe. Cobb County Stormwater Management recommends adding an additional 48-inch pipe and associated drainage structures to alleviate periodic flooding of the roadway. In addition, concrete curb, gutter, and sidewalk within the project limits will be replaced. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. In an effort to ensure the most competitive pricing possible, current Unit Price Contractors were given the opportunity to offer quotes for this project, reflecting current market conditions. On March 12, 2013, the Board approved a contract with Baldwin Paving Company, Inc., for drainage system improvements on Mabry Road.

Comm. Dist. 3

Agenda Item Number. 7

Page 129 of 152

Details for action requested are as follows: The Mabry Road drainage project was designed with the intent of installing the new drainage pipe while supporting the existing concrete encased 20-inch pre-stressed concrete cylinder pipe (PCCP) water main overhead. It has been determined in the field that the existing 20-inch PCCP water main is not concrete encased, rather it is protected only by a concrete cap. This existing condition imposes additional risk in an attempt to support it above the excavation. For this reason, and because there is a proposed Water System Capital Improvement Project for a new 16-inch main on Mabry Road, the Water System has determined that it would be in the County's best interest to remove the existing 20-inch PCCP and install a 16-inch ductile iron pipe water main as part of this project. Supplemental Agreement No. 1 to the contract with Baldwin Paving Company, Inc., in an amount not to exceed $55,420.00, is requested for this additional Water System work.

Original Contract $224,934.00

Supplemental Agreement No. 1 $ 55,420.00

Revised Contract $280,354.00

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

Transfer from:

SPLOST Projects-Relocate Lines

Preliminary Estimates 510-500-5756-8005-W4069-Z $55,420.00

Transfer to:

Mabry Road Drainage System Improvements

Construction Supplemental Agreement No. 1 510-500-5756-8260-W4268-C $55,420.00

Increase GAE 510031213301: 510-500-5756-8260-W4268-C$55,420.00

RECOMMENDATION

The Board of Commissioners approve Supplemental Agreement No. 1 to the contract with Baldwin Paving Company, Inc., in an amount not to exceed $55,420.00, for drainage system improvements on Mabry Road, Project No. E2090, MIS Contract No. 000578, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 7

Page 130 of 152

ATTACHMENTSLocation Map

Agenda Item Number. 7

Page 131 of 152

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PROJECT:Mabry Road DrainageProject No. E2090

[

DATE:April 9, 2013

Notes: Commission District 3

Cobb CountyDepartment of Transportation

LOCATION MAP

k

Project LocationWOO D F OR D

PASS

AGE

Page 132 of 152

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: April 9, 2013

PURPOSE To revise the Cobb Community Transit Advertising Program Plan specifications regarding exterior bus advertising, and approve Amendment No. 1 to the three-year revenue generating contract with Signal Outdoor Advertising, LLC to incorporate the revised Advertising Program Plan.

BACKGROUND

On August 14, 2012, the Board of Commissioners approved a Transit Bus Advertising Program for Cobb Community Transit (CCT), and entered into a three-year revenue generating contract with Signal Outdoor Advertising, LLC. The current CCT Advertising Program Plan allows exterior advertising on CCT buses, provided the advertising covers “…no more than 25 percent of the window areas.” The Department has determined that this specification significantly restricts exterior advertising, as it does not comply with industry standards for full exterior advertising. The Department recommends revising the CCT Advertising Program Plan to remove the “…no more than 25 percent of the window areas” requirement, and add language to allow full exterior advertising wraps over side windows; however, specifications are included whereby the wraps may not cover the driver’s side window, front window/windshield, or front entrance door windows. These specifications have been coordinated with the Cobb County Police Department to assure public safety considerations are met in the implementation of the recommended plan revisions.

Comm. Dist.

All

Agenda Item Number. 8

Page 133 of 152

The Department also recommends revising the CCT Advertising Program Plan to further clarify details of the Advertising Policy section to ensure uniformity with the current executed contract with Signal Outdoor Advertising, LLC. The County Attorney has reviewed Amendment No. 1 to the contract with Signal Outdoor Advertising, LLC.

FUNDING N/A

RECOMMENDATION The Board of Commissioners revise the Cobb Community Transit (CCT) Advertising Program Plan specifications regarding exterior bus advertising, approve Amendment No. 1 to the three-year revenue generating contract with Signal Outdoor Advertising, LLC to incorporate the revised Advertising Program Plan, and authorize the Chairman to execute the necessary documents.

ATTACHMENTSAmendment No. 1 to Agreement to be provided under separate cover.

CCT Advertising Program Plan

Agenda Item Number. 8

Page 134 of 152

Amendment No. 1 to Agreement to be provided under separate cover.

Page 135 of 152

1

CCT Advertising Program Plan

August 2012

Revised April 9, 2013

Background

On August 23, 2011, The Board of Commissioners authorized the issuance of a Request for Proposals for professional services to manage the sale and placement of interior/exterior advertising space on CCT vehicles and properties.

The goal of this project is to award a revenue generating contract to the most qualified Contractor who will have the exclusive right and responsibility for soliciting contracts for transit advertising on CCT equipment and facilities and for placing and maintaining advertising materials, servicing all transit advertising contracts, collecting all accounts receivable, and performing all other services and activities required to maintain a reasonable and satisfactory amount of paid advertising on CCT equipment at all times.

Advertising Policy Advertising shall not be accepted by the Contractor for placement on either the interior or exterior of CCT buses and properties that does not conform to CCT, Cobb County, State of Georgia, and Federal laws and regulations including but not limited to; feminine hygiene products or contraceptives of any kind or nature, advertisements of a sexually explicit nature or advertisements which advertise shows, movies, pictures, books, or other materials, exhibitions, or performances of a sexually explicit nature, advertising copy that is false, misleading, deceptive, and/or offensive to the moral standards of the community, or contrary to good taste, advertising copy which is contrary to the best interest of the transit system or which may result in public criticism of the transit system or transit advertising. Cobb County shall approve ALL advertising content before it is installed.

The County supports no political viewpoint and therefore no political speech may be placed

on any vehicles. There is a constitutional mandate for the separation of church and state;

therefore, no advertisements espousing any religious belief or viewpoint will be permitted.

The Contractor shall not permit any advertising which denigrates public transportation or

those who use public transportation. Pursuant to the Contractor’s policy, no advertising

shall be permitted which: (i) depicts physical violence against any person or animal, (ii) is

obscene as defined by federal or state law, (iii) is untrue, misleading, deceptive, or

distorted, or (iv) explicitly or directly promotes or encourages the use of guns, birth

control, feminine hygiene products, alcohol or any tobacco product. The County is acting

in a proprietary function and therefore retains discretion and authority to develop

reasonable standards and choices for the advertisements on buses utilized by its citizens.

The County requires advertising material to be submitted to it for review before such

material is displayed on the vehicles. The County shall have the right to direct the removal

of any advertising material displayed on the buses that the County reasonably determines

to be inconsistent with the foregoing standards. Any direction to remove advertising

material shall be given in a written notice to the Contractor providing reasonable notice to

correct and/or remove said material. In such case, the Contractor shall promptly remove

Page 136 of 152

2

such material at the Contractor’s cost. In the event that the Contractor fails to remove

such material promptly, the County may remove it or cause it to be removed, and the

Contractor will reimburse the County for all costs associated therewith. Notwithstanding

the above, if approval for advertising was given by Cobb, it cannot require the Contractor

to remove such advertising during the term of the contract between the Contractor and the

advertiser so long as the term does not exceed twelve (12) months. The Contractor’s right

to provide advertising under this Agreement is limited to buses and specifically excludes

advertisements located on bus route shelters. Since the County relies in part on state and

federal funding, the County does not promise or guarantee a minimum number of buses to

be in operation during the term of this Agreement.

Production and Installation of Advertising

• All installation, removal and maintenance of advertising materials on CCT vehicles shall be performed by the Contractor at CCT’s bus maintenance facility.

• Buses cannot be driven off-site for the installation and removal of advertising signs.

• The installation, maintenance, removal of advertisements shall be performed at the convenience of CCT, and shall be when the buses are not in use or being serviced.

• Any portion of the advertising material that is placed improperly or that becomes cracked, peeled or damaged, regardless of the cause thereof, must be removed by the Contractor at no cost to CCT within five (5) working days after notification by CCT.

• Advertising on paratransit buses shall be limited to the front, driver’s side and rear of the van. No advertising is permitted on the curb side of the paratransit buses.

• Exterior advertising on buses may cover no more than 25% of the window areas.

• Full exterior advertising over side windows is allowed; however, wrap may not

cover the driver’s side window, front window/windshield, or front entrance door

windows.

• Advertising on bus fronts and rears shall not block grill work or windows.

• Advertising on the rear of buses shall not visibly detract from any safety signage or lights.

• Advertising shall not cover CCT logo, bus number or wheelchair symbol decal. Damage to CCT Vehicles or Property

• Prior to placement of advertising under this contract, CCT and Contractor will conduct a joint inspection and document any existing damage on CCT vehicles and property. Contractor will be responsible for any damage resulting from application or removal of advertising materials.

• All advertising materials applied to the exterior of CCT buses shall be pressure sensitive, removable, self adhesive vinyl signage that is guaranteed or certified not to damage paint during its installation or removal. Contractor shall be responsible for installation and removal of signage as well as repair of any surface damages caused by the installation or removal of signage.

• The successful proposer, at the time a contract is issued, will be required to provide CCT with a minimum $50,000 performance bond to cover work on CCT vehicles and property.

Page 137 of 152

3

CCT Use of Available Spaces CCT reserves the right to arrange up to $10,000 per contract year in trading media time/space for bus advertising. CCT shall have the right to use any unsold space for its own purposes or for use by other governmental entities or nonprofit organizations for the placement of public service messages. Any available, unrented space will also be available for CCT’s use, at no charge until such space is rented. Advertising Rates See attached Contractor Advertising Rates by Product. Compensation Plan Year 1: 55% of net revenue or minimum guaranteed yearly amount of $60,000. Year 2: 55% of net revenue or minimum guaranteed yearly amount of $70,000. Year 3: 55% of net revenue or minimum guaranteed yearly amount of $80,000. Payment of Revenue Share to CCT

• The Contractor shall pay CCT the Monthly Net Revenue Share of total billings or the Monthly Revenue Guarantee according to a monthly report.

• The monthly report shall include the total gross monthly billings submitted by the Contractor.

• The Contractor shall submit these reports to CCT no later than the 15th of each month following the month of service.

• Payments shall be made to CCT no later than 20 days following the end of the month for which payments are due.

• In the event that CCT increases or decreases the number of buses in revenue service by 20% or more, at any time during the contract period, the Contractor and CCT agree to renegotiate the Revenue Guarantee that reflects the increase or decrease in available advertising space.

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COBB COUNTY PUBLIC SERVICES AGENCY

REGULAR AGENDA COVER

REGULAR MEETING OF APRIL 9, 2013

ITEM NO.

Parks, Recreation, and Cultural Affairs

1 To approve a contract with Croft & Associates, Inc. for Professional Services for the Analysis and Design of Subsurface and Building Infrastructure Improvements at Jim Miller Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

Page 139 of 152

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: April 9, 2013

PURPOSE To approve a contract with Croft & Associates, Inc. for Professional Services for the Analysis and Design of Subsurface and Building Infrastructure Improvements at Jim Miller Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND

Jim Miller Park is the venue for the annual North Georgia State Fair, the Shrine Circus, and many other events that attract large crowds for extended periods of time. The park was first developed in the early 1980's and since then usage has increased greatly beyond the capacity of the installed infrastructure. The 2011 Parks, Recreation and Cultural Affairs (PRCA) SPLOST Program includes the redevelopment of selected areas and features in the park sufficient to address some of the deficiencies which have become apparent over the years. A Master Plan to govern future development in the park was approved by the Board of Commissioners on February 14, 2012. Working with the volunteer associations and other user groups which are most active in the park, staff has identified a number of features to be addressed. Primarily, these include redesign, renovation, or replacement of underground utilities such as water, electrical, sanitary sewer and storm water conveyance, and phone and data connectivity. Also to be considered are the replacement of several of the existing restroom facilities, which have outlived their reasonable design capacities.

Comm. Dist. 4

Agenda Item Number. 1

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Planning for this complex project begins with the engagement of a professional architecture and engineering firm. A Request for Professional Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on February 1, 8, 15, and 27, 2013, in accordance with Selection Process 2 (competitive Proposals) of the Policy for Procurement of Professional Services, as amended on December 20, 2011. Proposals were received from seven firms and opened on February 28, 2013. The following Selection Committee was approved for this project: Dave Breaden (Water System), George Davis (PRCA), Chuck Hunt (Property Management), Jay Westbrook (Public Safety), and Rick Whorton (PRCA). The Selection Committee reviewed the proposals and ranked the firms based on proposed staffing, previous experience and performance, understanding the scope of and approach to the project, availability, proposed schedule, local vendor presence, and financial stability. In addition, Selection Process 2 includes weighting of each firm's scoring based on prices submitted as part of their proposal which allows the department to recommend awarding the contract to the top ranked firm. The responding firms were ranked in the following order: Croft & Associates Southeastern Engineering, Inc. Lose & Associates, Inc. Hayes, James & Associates URS Corporation Gerding Collaborative Wiley Wilson The Committee ranked Croft & Associates as the firm offering the best combination of qualifications and pricing.

FUNDING Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E030-EP328 E-8722 $ 73,000.00 345-105-E040-EP426 E-8722 $170,377.00

RECOMMENDATION The Board of Commissioners approve a contract with Croft & Associates, in an amount not to exceed $243,377.00, for Professional Services for the Analysis and Design of Subsurface and Building Infrastructure Improvements at Jim Miller Park under the 2011 PRCA SPLOST Program, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Agenda Item Number. 1

Page 141 of 152

COBB COUNTY COMMUNITY DEVELOPMENT AGENCY

REGULAR AGENDA COVER

REGULAR MEETING OF APRIL 9, 2013

ITEM NO.

Administration

1 To authorize the Chairman to execute the attached “Other Business” application in order to clarify and amend zoning stipulations regarding of Z-28 of 2010, and place the item on the May 21, 2013 Zoning Hearing “Other Business” agenda.

Page 142 of 152

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 Faye DiMassimo, Director

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

DATE: April 9, 2013

PURPOSE To authorize the Chairman to execute the attached “Other Business” application in order to clarify and amend zoning stipulations regarding of Z-28 of 2010, and place the item on the May 21, 2013 Zoning Hearing “Other Business” agenda.

BACKGROUND On March 15, 2011, the Board of Commissioners rezoned a 81+ acre property to Planned Village Commercial (PVC) for a mixed used development consisting of residential, retail, offices and residential uses in District 18, Land Lots 58, 171, 172, 174, 175 and 284, located on the easterly and westerly sides of Riverview Road, on the south side of Dickerson Drive, on the north, south and east sides of Nichols Drive, and on the southerly and easterly sides of Armstrong Place. The reason for this Other Business item is to clarify and amend the zoning stipulations relating to the required roadway improvements concerning the County’s responsibilities under SPLOST, and the Developers responsibility under the zoning stipulations and the Georgia Regional Transportation Authority (GRTA) Development of Regional Impact (DRI) conditions. In order for the County to clarify and amend this stipulation, the attached “Other Business” application must be executed by the Chairman.

FUNDING N/A

Comm. Dist. 4

Agenda Item Number. 1

Page 143 of 152

RECOMMENDATION The Board of Commissioners authorize the Chairman to execute the attached “Other Business” application in order to clarify and amend a zoning stipulation regarding Z-28 of 2010, and place the item on the May 21, 2013 Zoning Hearing “Other Business” agenda.

ATTACHMENTSOther Business Application

Agenda Item Number. 1

Page 144 of 152

Application for “Other Business”

Cobb County, Georgia (Cobb County Zoning Division – 770-528-2035) BOC Hearing Date Requested: May 21, 2013

Applicant: Cobb County Board of Commissioners Phone #: 770-528-3300* (applicant’s name printed)

Address: 100 Cherokee Street, Marietta GA 30060 E-Mail: see below*

Tim Lee* Address: 100 Cherokee Street, Marietta GA 30060

(representative’s name, printed)

Phone #: 770-528-3300 E-Mail: see below* (representative’s signature)

*for information concerning this request, please call John Pederson

at 770-528-2024 or email at [email protected] Signed, sealed and delivered in presence of:

My commission expires:

Notary Public

Titleholder(s) : Riverview Industries, L.P. Phone #: 404-835-8220 (property owner’s name printed)

Address: 3625 Cumberland Blvd.; Atlanta, GA 30339 E-Mail:

(Property owner’s signature)

Signed, sealed and delivered in presence of:

My commission expires:

Notary Public

Commission District: 4 Zoning Case: Z-28 of 2010

Date of Zoning Decision: 03-15-11 Original Date of Hearing: 10-19-10

Location: Riveriew Road, Dickerson Drive, Nichols Drive, Armstrong Place (street address, if applicable; nearest intersection, etc.)

Land Lot(s): 58, 171, 172, 174, 175, 284 District(s): 18

State specifically the need or reason(s) for Other Business: To clarify and amend the zoning

stipulations relating to the required roadway improvements concerning the County’s responsibilities under

SPLOST, and the Developers responsibility under the zoning stipulations and the Georgia Regional

Transportation Authority (GRTA) Development of Regional Impact (DRI) conditions.

Page 145 of 152

COBB COUNTY BOARD OF COMMISSIONERS

REGULAR AGENDA COVER

REGULAR MEETING OF APRIL 9, 2013

ITEM NO.

Chair (County-wide)

1 To authorize the appointment of Emergency Communications Director.

Page 146 of 152

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: April 9, 2013

PURPOSE To authorize the appointment of Emergency Communications Director.

BACKGROUND I am pleased to present a recommendation from County Manager David Hankerson for Ann E. Flynn to be appointed to the position of Emergency Communications Director.

RECOMMENDATION The Board of Commissioners authorize the appointment of Ann E. Flynn as the Emergency Communications Director.

Comm. Dist.

Agenda Item Number. 1

Page 147 of 152

PUBLIC COMMENT (CONCLUSION OF MEETING)

APRIL 9, 2013

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

Page 148 of 152

APPOINTMENTS

AGENDA COVER

REGULAR MEETING OF APRIL 9, 2013

ITEM NO.

1 To approve Board of Commissioners re-appointments to various boards and an authority.

2 To approve two new appointments to the Community Relations Council and a re-appointment to Property Advisory Commission.

Page 149 of 152

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: April 9, 2013

PURPOSE To approve Board of Commissioners re-appointments to various boards and an authority.

BACKGROUND These are Board of Commissioners re-appointments that are appointed by the Board: Rainia Washington, Civil Service Board; James Tallman, Community Services Board (Cobb County); Tori Steele, Family and Children Services; Alice Summerour, Housing Authority of Cobb County.

FUNDING N/A

RECOMMENDATION The Board approve Board of Commissioners re-appointments of the following people to the designated board or authority as follows. Rainia Washington- Post 3 Civil Service Board James Tallman - Post 1 Community Services Board (Cobb County) Tori Steele - Post 4 Family and Children Services Alice Summerour - Post 5 Housing Authority of Cobb County

Comm. Dist.

Agenda Item Number. 1

Page 150 of 152

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: April 9, 2013

PURPOSE To approve two new appointments to the Community Relations Council and a re-appointment to Property Advisory Commission.

BACKGROUND Re-appointment and two new appointments that are appointed by Chairman Tim Lee.

FUNDING N/A

RECOMMENDATION To approve the following appointments and re-appointment. Marian Kim - Post 5 Community Relations Council to replace Steven Oweida Erin Boxt - Post 6 Community Relations Council to replace Amjad Tafique Bill Hilley - Post 4 - Property Advisory Commission - Re-appointment

Comm. Dist.

Agenda Item Number. 2

Page 151 of 152

COMMISSIONERS' PUBLIC ADDRESS

APRIL 9, 2013

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

Page 152 of 152