You are on page 1of 225

May 27, 2014

TAB
REGULAR MEETING - CALL TO ORDER - 7:00 PM




PUBLIC HEARING


Transportation Agency ............................................................................................. 1


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


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


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


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


COUNTY ATTORNEY ................................................................................................... 6


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


APPOINTMENTS ...................................................................................................... 8

Page 1 of 225

COMMISSIONERS' PUBLIC ADDRESS .................................................................... 9


RESPONSE TO PUBLIC COMMENT (for information only) ................................... 10


ADJOURN
Page 2 of 225
COBB COUNTY TRANSPORTATION AGENCY

PUBLIC HEARING AGENDA COVER

REGULAR MEETING OF MAY 27, 2014

ITEM
NO.


Administration
1 To conduct a public hearing for the proposed closure and abandonment of a portion of
Hidden Forest Court, located in Land Lot 501 of the 16th District, 2nd Section, Cobb
County, Georgia.

Page 3 of 225
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: May 27, 2014


PURPOSE

To conduct a public hearing for the proposed closure and abandonment of a portion of Hidden
Forest Court, located in Land Lot 501 of the 16th District, 2nd Section, Cobb County, Georgia.

BACKGROUND

Hidden Forest Court, located in Commission District 3, is classified as a local street. The J.
Ronald Terwilliger Revocable Trust has purchased all of the property adjacent to a portion of
Hidden Forest Court. The property has been rezoned and approved for redevelopment as
approved by Cobb County Z-26(2007). Public access along this portion of Hidden Forest Court
is no longer needed.

The right-of-way on this portion of Hidden Forest Court, adjacent to the J. Ronald Terwilliger
Revocable Trust property, is required to allow full utilization of the property purchased;
therefore, the J. Ronald Terwilliger Revocable Trust has requested the County close and
abandon the public right-of-way on this portion of Hidden Forest Court, as this section of street
no longer serves a public purpose. In accordance with O.C.G.A. §32-7-2, a public hearing must
be held prior to the closing and abandonment of a public street. The District Commissioner is
aware of this request.

On April 8, 2014, the Board of Commissioners authorized the advertisement of a public hearing
on the proposed closing of a portion of Hidden Forest Court. Notice of Public Hearing was
advertised in the Marietta Daily Journal on May 16 and 23, 2014.

FUNDING

N/A
Comm. Dist.

3
Agenda Item Number. 1
Page 4 of 225





RECOMMENDATION

The Board of Commissioners conduct a public hearing for the proposed closure and
abandonment of a portion of Hidden Forest Court, located in Land Lot 501 of the 16th District,
2nd Section, Cobb County, Georgia; and having determined that said right-of-way serves no
substantial public purpose, authorize the disposition of same by quit claim deed to the adjoining
owner, J. Ronald Terwilliger Revocable Trust.

ATTACHMENTS
Location Map
Notice of Public Hearing
Agenda Item Number. 1
Page 5 of 225
Town
Center
Mall
B
U
S
B
E
E

D
R
BIG SHANTY RD
M
A
L
L

B
L
V
D
B
A
R
R
E
T
T
L
A
K
E
S
B
L
V
D
DUNCANRD
E
R
N
E
S
T
B
A
R
R
E
T
T
P
K
W
Y
T
O
W
N
PARKLN
T
O
W
N
P
A
R
K

D
R
G
E
O
R
G
E
B
U
S
B
E
E
P
K
W
Y
F
R
E
Y
R
D
C
H
A
S
T
A
IN
R
D
C
O
B
B
P
L
A
C
E
B
L
V
D
B
E
L
L
S
F
E
R
R
Y
R
D
C
H
A
S
T
A
I
N
M
E
A
D
O
W
S
P
K
W
Y
C
H
A
S
T
A
I
N
R
D
T
O
W
N
CE
NTER
DR
T
O
W
N

P
O
I
N
T

D
R
R
O BERTS TRL
W
I
L
S
O
N
R
D
BIG
S
H
A
N
T
Y
T
R
L
L
A
K
E
S
I
D
E
P
T
P
A
U
LD
INGAVE
B
A
RTOWAVE
K
E
N
N
E
S
A
W
S
T
A
T
E
U
N
I
V
E
R
S
I
T
Y
R
D
C
R
E
E
K
W
A
Y
D
R
O
W
L

D
R
LA
K
ESIDE
D
R
R
ING
RD
R
IN
G
R
D
R
O
B
E
R
T
S
C
T
P
R
A
D
O
L
N
COBB
AVE
M
A
R
I
E
T
T
A
D
R
§¨¦
575
§¨¦
75
KSU
Stadium
B
IG
S
H
A
N
T
Y
R
D
G
E
O
R
G
E
B
U
S
B
E
E
P
K
W
Y
C
H
A
S
T
A
IN
R
D
KSU
!(
5
CO
!(
5
PROJECT:
Hidden Forest Court
Abandonment
[
DATE:
May 27, 2014
Cobb County
Department of Transportation
LOCATION MAP
k
Project
Location
Notes: Commission District 3
H
I
D
D
E
N
F
O
R
E
S
T
C
T
" " "
Page 6 of 225










NOTICE OF PUBLIC HEARING


In accordance with O.C.G.A. §32-7-2, notice is hereby given that on May 27, 2014, the
Cobb County Board of Commissioners will conduct a Public Hearing for the proposed
closing and abandonment of a portion of the improved right-of-way of Hidden Forest
Court, located in Land Lot 501 of the 16
th
District, 2
nd
Section, Cobb County, Georgia.
Plans of the improved right-of-way that is proposed to be closed and abandoned can be
viewed at the offices of the Cobb County Department of Transportation, 1890 County
Services Parkway, Marietta, Georgia.



This public hearing will be held in the 2nd Floor Commissioners’ Meeting Room, Cobb
County Building A, 100 Cherokee Street, Marietta, Georgia, at 7:00 pm.



Advertisement Dates in the Marietta Daily Journal and Neighbor Newspapers
May 16, 2014 and May 23, 2014.

Page 7 of 225
PUBLIC COMMENT
(BEGINNING OF MEETING)

MAY 27, 2014

Those persons wishing to address the Board of Commissioners will please sign up on the "Public
Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table
near the front of the room (under the overhead screen).

Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please
note that there are separate sheets for beginning of meeting and end of meeting with six (6)
positions on each sheet.

Persons signed up to address the Board will be called upon by the County Attorney and will
please come forward to make their remarks from the podium. Each speaker will be allotted a
maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their
comments toward the Chairman only.

The Board is pleased to offer this opportunity at each regular meeting.
Page 8 of 225
CONSENT AGENDA

REGULAR MEETING OF MAY 27, 2014

ITEM
NO.



WATER SYSTEM AGENCY

Engineering
1 To approve a construction contract with K. M. Davis Contracting Co., Inc. for the
Valleybrook Road Area Water Main Replacement, Program No. W2285.

2 To determine that circumstances are such that it is necessary to undertake
condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.
and O.C.G.A. §22-3-140, et seq. for the purpose of acquiring temporary and
permanent sanitary sewer easements needed for the construction of the Kenneth Lane
Sanitary Sewer Replacement, Program No. S1107.

TRANSPORTATION AGENCY

Administration
3 To amend a previously adopted action regarding condemnation proceedings on one
parcel on Windy Hill Road (West), Project No. E4030.

4 To determine that circumstances are such that it is necessary to proceed with
condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.,
on one parcel on Floyd Road, Project No. E6010.

Traffic Operations
5 To approve a contract with TMI Services, Inc., for countywide pavement marking,
Project No. TR476, MIS Contract No. 000781.

6 To approve a Cobb Framework Agreement with Cumberland Community
Improvement District (CCID) for Cumberland Boulevard Traffic Signal Upgrades,
Cobb County Project No. TR477.

7 To approve Project No. TR477-TO#02 to the 2012 Master Task Order Contract with
HNTB Corporation for traffic engineering services for Cumberland Boulevard Traffic
Signal Upgrades, MIS Contract No. 000562.

Planning
8 To approve Amendment No. 1 to the contract with ARCADIS U.S., Inc., to develop the
five-year update to the Cobb County Comprehensive Transportation Plan, Cobb
County Project No. E5030, State P. I. No. 0008732.

9
To approve Amendment No. 1 to the Subgrant Agreement with the Atlanta Regional
Page 9 of 225
Commission for County Comprehensive Transportation Plan Assistance Program
grant funding for the development of a five-year update to the Cobb County 2030
Comprehensive Transportation Plan, Cobb County Project No. E5030, State P. I. No.
0008732.

Transit
10 To adopt a resolution authorizing the submission of a FY14 Section 5307 Grant
application (Grant No. GA-90-X337) to the Federal Transit Administration for transit
capital, planning, and operating related projects.

11 To approve Amendment No. 1 to the Subgrant Agreement with the Metropolitan
Atlanta Rapid Transit Authority for FY14 Federal Transit Administration Section
5339 Bus and Bus Facilities Capital Assistance Grant funding for Cobb Community
Transit.

12 To authorize the advertisement for and conduct of a public hearing to secure
transportation planning services for development of a Route 10X implementation plan,
and authorize issuance of a Request for Proposals.

13 To approve Memorandums of Agreement with Southern Polytechnic State
University and Life University to participate in the development and funding of a Cobb
Community Transit Route 10X implementation plan.

PUBLIC SERVICES AGENCY

Senior Services
14 To authorize a transfer of a previously approved grant for Senior Services, within the
Community Services Block Grant fund, to the Cobb Senior Services budget in the
General Fund.

SUPPORT SERVICES AGENCY

Property Management
15 To approve a contract with Garland/Design Build Solutions, Inc., for replacement of
the roof at the Public Safety 911 facility and authorize the project funding.

16 To approve a lease with the Community Services Board for a new facility, approve a
design/build contract with Batson-Cook Company for construction of the facility, and
authorize a construction contingency.

17 To approve two modified leases with the State of Georgia Properties Commission on
behalf of the Georgia Department of Drivers Services for two building sites, approve a
design/build contract with Choate Construction Company for construction of both
facilities, and authorize a project contingency.

18 To approve a modified lease with the State Properties Commission for property located
at 277 Fairground Street for use by the State of Georgia Department of Family and
Children Services.
Page 10 of 225

19 To approve a contract with Garland/Design Build Solutions, Inc., for the restoration of
the roof at the Juvenile Court facility and authorize associated project funding.

20 To authorize funding for the replacement of the emergency generator at the South
Cobb Government Service Center.

PUBLIC SAFETY AGENCY

Police
21 To authorize the application for and acceptance of the FY13 Homeland Security Grant
Program funds passed through the Georgia Emergency Management Agency to the
Cobb County Police Department Bomb Team/CBRNE (Chemical, Biological,
Radiological, Nuclear and Explosive) program.

COMMUNITY DEVELOPMENT AGENCY

Planning
22 To approve amendments to the existing Canton Road Corridor Streetscape and
Architectural Guidelines.

23 To approve a grant agreement with the Vinings Historic Preservation Society in order
to repair and stabilize the historic Paces House.

Business License
24 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the
attached summary of the Appeal Hearing conducted on May 8, 2014 by the License
Review Board for Angela Moreno.

25 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the
attached summary of the Appeal Hearing conducted on May 8, 2014 by the License
Review Board for Cynthia Pierce.

26 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached
summary of the Appeal Hearing conducted on May 8, 2014 by the License Review Board for
Charles Carter.

27 To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a
summary of the show cause hearing conducted on May 8, 2014, by the License Review
Board for Taverna, LLC, doing business as, Taverna Fiorentina, 3324 Cobb Pkwy.,
Atlanta, GA 30339, Yasmin Reyes, licensee.

28 To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the
attached summary of the Appeal Hearing conducted on May 8, 2014 by the License
Review Board for Terraj Jarrett.

BOARD OF COMMISSIONERS

Page 11 of 225
Chair (County-wide)
29 To approve a contract with Garrett McNatt Hennessey & Carpenter 360 for state and
federal legislative consulting services.

FINANCE

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

31 To authorize Cobb County to proceed with the necessary steps to prepare for the
competitive public sale and issuance of the Cobb County Kennestone Hospital
Authority Revenue Anticipation Certificates for the purpose of financing the
construction of a two-story facility to be leased to and operated by the Cobb County
Community Services Board.


JUVENILE COURT

32 To authorize the submission of an application to the Georgia Accountability Court
Funding Committee for professional services funding to provide Cognitive Behavioral
Intervention treatment for Family Dependency Treatment Court clients.

TAX COMMISSIONER

33 To authorize acceptance of 50% of base taxes owed on outstanding taxes for Georgia
Hydraulic Cylinders, Inc., Parcel P08000296.

COUNTY CLERK

34 To authorize the correction of a scrivener's error in the minutes of the Board of
Commissioners Zoning Hearing of April 15, 2014 regarding LUP-14, Early Education,
LLC.

35 To approve the minutes of the following meetings:

May 12, 2014 - Special Called Meeting/Agenda Work Session
May 13, 2014 - Regular Meeting of the Board
May 20, 2014 - BOC Zoning Hearing (provided under separate cover)

MOTION: Motion to approve the Consent Agenda, and authorize execution of the necessary
documents by the appropriate County personnel.
Page 12 of 225
Page 13 of 225
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: May 27, 2014


PURPOSE

To approve a construction contract with K. M. Davis Contracting Co., Inc. for the Valleybrook
Road Area Water Main Replacement, Program No. W2285.

BACKGROUND

Valleybrook Road and Stoneybrook Court are currently served by 6-inch transite water mains
which are subject to periodic failure and ongoing repair demands. The proposed project will
address these deficiencies and bring the area up to current Water System standards. The project
includes abandoning the use of the existing water main and replacement with approximately
1,500 linear feet of 6-inch ductile iron pipe water main and all related appurtenances along
Valleybrook Road and Stoneybrook Court.

Bids for construction were received on May 8, 2014, and the results of the bid were as
follows:


K. M. Davis Contracting Co., Inc. $145,585.00
Tippins Contracting Co., Inc. $151,097.00
G. S. Construction, Inc. $159,245.00
D & H Construction Company $175,284.00
Wade Coots Company, Inc. $185,055.00

FUNDING

Funding is available in the Water System’s Water and Sewer Improvements Revenue Bonds
Series 2009 as follows:

Comm. Dist.

4
Agenda Item Number. 1
Page 14 of 225
Transfer from:
Water and Sewer Improvements Revenue Bonds Series 2009

Transfer to:
Valleybrook Road Area Water Main Replacement

Preliminary Estimate 540-500-6552-8005 C6552-Z $158,860.00
Construction 540-500-6553-8260 W2285-C $145,585.00
Interest Expense on Retainage 540-500-6553-6613 W2285-A $365.00
Materials & Supplies 540-500-6553-8265 W2285-M $10,000.00
Contingency 540-500-6553-8810 W2285-T $2,910.00
Total $158,860.00

RECOMMENDATION

The Board of Commissioners approve a construction contract with K. M. Davis Contracting
Co., Inc., in the amount of $145,585.00, for the Valleybrook Road Area Water Main
Replacement, Program No. W2285; authorize the corresponding budget transactions; and
further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Map
Agenda Item Number. 1
Page 15 of 225
540
539
541
542
538
543
470
469
471
51
B
u
c
k
n
e
r

R
d
P
e
b
b
le
b
r
o
o
k

R
d
P
e
b
b
l
e
b
r
o
o
k

R
d
V
i
n
i
n
g
s

P
l
a
c
e

T
r
l
S
t
o
n
e
y
b
r
o
o
k

C
t
V
a
l
l
e
y
b
r
o
o
k

R
d
H
i
g
h
l
a
n
d

P
i
n
e

L
n
K
i
l
r
u
s
h

C
t
Kilrush Dr
G
la
n
d
o
r

D
r
Pebblebrook Cir
V
in
in
g
s
P
la
c
e
P
t
G
la
n
d
o
r

C
t
Location
Map
:
*
Project: Valleybrook Road Area Water Main Replacement
Program Number: W2285
Land Lot: 539
District: 17
Commission District: 4
1:5,000
Project
Project
Page 16 of 225
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: May 27, 2014


PURPOSE

To determine that circumstances are such that it is necessary to undertake condemnation
proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq. and O.C.G.A. §22-3-140,
et seq. for the purpose of acquiring temporary and permanent sanitary sewer easements needed
for the construction of the Kenneth Lane Sanitary Sewer Replacement, Program No. S1107.

BACKGROUND

The Kenneth Lane Sanitary Sewer Project involves the realignment and replacement of
approximately 150 linear feet of 8-inch ductile iron gravity sewer and all related
appurtenances. The existing gravity sewer line along Kenneth Lane and near 767 and 733
Kenneth Lane is at risk for failure and poses a potential hazard to the nearby creek and bridge
on Kenneth Lane. Rerouting the sewer line to avoid the bridge and creek is the most effective
way to address this issue.

The needed easement at 733 Kenneth Lane has been donated. The Water System has been
unable to acquire temporary and permanent sanitary sewer easements across 767 Kenneth Lane
(Tax Parcel 18026700010), a five acre tract of unoccupied land owned by Orlando and Laarni
Graham. The required easements total about 0.03 acre and are located such that they will not
impact future development of the property. All negotiation attempts with the property owners
have been unsuccessful. The total appraised value of the easements at 767 Kenneth Lane is
$74.00.

Under appropriate circumstances, as are more fully set forth in O.C.G.A. §32-3-4, et seq. and
O.C.G.A. §22-3-140 et seq., the County is authorized to acquire real property interests,
including easements, by the Declaration of Taking method. It is appropriate for the County to
use this method in this instance for reasons including, but not limited to, a hazard to public
safety/health and a desire for judicial ascertainment of all issues.

Comm. Dist.

4
Agenda Item Number. 2
Page 17 of 225
FUNDING

Funding is available in the Water System’s Adopted CIP Budget as follows:

Transfer from:
UPC Water, Sewer, & Miscellaneous Services

Transfer to:
Kenneth Lane Sanitary Sewer Replacement
Preliminary Estimates 510-500-5752-8005 C0126-Z $2,500.00
Easements & Right of Way 510-500-5755-8020 S1107-R $2,500.00

RECOMMENDATION

The Board of Commissioners determine that circumstances are such that it is necessary to
undertake condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq.
and O.C.G.A. §22-3-140, et seq. for the purpose of acquiring temporary and permanent sanitary
sewer easements needed for the construction of the Kenneth Lane Sanitary Sewer Replacement,
Program No. S1107; authorize the commencement of condemnation proceedings for Tax Parcel
18026700010; adopt a Resolution and Order in form substantially similar to the attached;
authorize the Water System to comply with the findings of the proceedings; authorize the
corresponding budget transactions; and further authorize the Chairman to execute the necessary
documents.

ATTACHMENTS
Resolution and Order
Kenneth Lane Attachment 1, S1107
Map
Agenda Item Number. 2
Page 18 of 225
RESOLUTION AND ORDER


A RESOLUTION AND ORDER OF THE BOARD OF COMMISSIONERS OF COBB COUNTY,
GEORGIA AUTHORIZING CONDEMNATION OF A SEWER EASEMENT FOR KENNTH
LANE SANITARY SEWER REPLACEMENT PROGRAM NO. S1107 ON A TRACT OF LAND
LOCATED AT 767 KENNTH LANE, BEING TAX PARCEL 18-0267-0-0010, IN LAND LOT
267, 18
TH
DISTRICT, SECOND SECTION OF COBB COUNTY, GEORGIA BY
DECLARATION OF TAKING METHOD PURSUANT TO THE PROVISIONS OF O.C.G.A. §32-
3-4 AND §22-3-140, ET SEQ.

WHEREAS, Section 4 of Chapter 3 of Title 32 and Section 140, Chapter 3 of Title 22 of the Official Code of Georgia
Annotated and following sections authorize the county to file a condemnation proceeding in rem under a method
known as declaration of taking to acquire private property interests for water or wastewater system and other
purposes upon payment of just and adequate compensation therefore to the person or persons entitled to such payment
upon the Board’s finding that circumstances are appropriate for the use of said method; and

WHEREAS, the Board of Commissioners of Cobb County, Georgia, (the “Board of Commissioners”) finds and
believes that circumstances are appropriate for the use of the declaration of taking method to acquire the easement for
public sewer purposes on property belonging to Orlando and Laarni Graham, being tax parcel 18-0267-0-0010 in
Land Lot 267, 18
th
District, Second Section of Cobb County, Georgia for one or more of the reasons set forth in
O.C.G.A. §32-3-4 and O.C.G.A. §§22-3-140, as same may be amended from time to time, including, but not limited
to a desire in the interests of justice to have judicial ascertainment of any and all questions connected with the
condemnation.

NOW THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Commissioners of Cobb County,
Georgia that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of
Taking method for a sewer easement on a tract of land belonging to Orlando and Laarni Graham, being tax parcel 18-
0267-0-0010 in Land Lot 267, 18
th
District, Second Section of Cobb County, Georgia, pursuant to Kenneth Lane
Sanitary Sewer Replacement Program No. S1107 of the Cobb County Water System.

BE IT FURTHER IT RESOLVED AND ORDERED that legal counsel for Cobb County, Georgia is authorized and
directed to file such proceedings and the Chairman is authorized to execute this Resolution and Order on behalf of the
full Board of Commissioners, a Declaration of Taking, and any other documents necessary to effectuate same.

SO RESOLVED AND ORDERED THIS ___ DAY OF ____________, 2014.


COBB COUNTY BOARD OF COMMISSIONERS

By: ______________________________________
Timothy D. Lee, Chairman

ATTEST:

____________________________________________
County Clerk, Cobb County Board of Commissioners



Page 19 of 225
ATTACHMENT 1


PROJECT NAME: Kenneth Lane Sanitary Sewer Replacement
PROJECT NUMBER: Program No. S1107
PROJECT PARCEL NUMBER: 001
PROPERTY OWNER:
Orlando and Laarni Graham
Mailing Address:
802 Amberstone Drive
San Antonio, Texas 78258
Site Address:
767 Kenneth Lane
Mableton, Georgia 30126
TAX PARCEL I.D. NUMBER : 18-0267-0-0010
ACQUISITION:
Permanent Sanitary Sewer Easement:
Temporary Construction Easement:

626 square feet (0.014 acres)
699 square feet (0.016 acres)
PROPERTY SIZE: 5 acres
LOCATION OF STRUCTURE: East side of property line
CONTACTS:
First:
Last:

November - 2013
May - 2014
ACQUISITION AGENT: Angela Robinson
ZONING:

HIGHEST & BEST USE:
Residential
Large Tract
MISCELLANEOUS: The tax records indicate the property contains 2.9 acres.
However, the legal description in the warranty deed
indicates that the subject contains 5 acres more or less. The
owners of the property verified the size as 5 acres.

Page 20 of 225
?
?
? ?
?
?
?
?
?
?
?
?
?
!
!
2
!2
!
!
2
!
!
2
!
!
2
!
!
2
!
!
2
!
!
2
!
!
2
!
!
2
767
733
743
738
798
6282
810
6280
6291
6281
6292
694
6282
721
799
822
6269
6270
6268
6283
K
e
n
n
e
th
L
n
D
e
n
n
y

L
n
Location
Map
:
*
Project: Kenneth Lane Sanitary Sewer Replacement
Program Number: S1107
Land Lot: 267, 268
District: 18
Commission District: 4
Description: Condemnation for Sewer Easement
1:1,200
Proposed 20'
Permanent Easement
626 SQ FT or 0.014 Acres
Proposed 20' Temporary
Construction Easement
699 SQ FT or 0.016 Acres
Existing Bridge
Existing Line to be Abandoned
Proposed Realignment
Page 21 of 225
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: May 27, 2014


PURPOSE

To amend a previously adopted action regarding condemnation proceedings on one parcel on
Windy Hill Road (West), Project No. E4030.

BACKGROUND

Windy Hill Road (West) is an approved thoroughfare improvements project in the 2011
SPLOST Transportation Improvements Program (TIP).

The project scope includes the addition of a third through lane in each direction on the west side
of the I-75/Windy Hill Road Interchange, from the I-75 southbound off ramp to Cobb Parkway,
and from Cobb Parkway to the I-75 southbound on ramp, for a distance of approximately 0.80
miles. Median improvements are also included. Additional rights-of-way and easements are
needed to construct this project. Right-of-way funding for this project is available in the 2011
SPLOST TIP Fund approved budget.


On February 11, 2014, the Board of Commissioners approved a request to determine that
circumstances were such that it was necessary to proceed with condemnation proceedings on
Parcel 17 within the Windy Hill Road (West) project. Due to plan revisions, the required fee
simple right-of-way area was increased from 129.16 square feet to 2,685.87 square feet, the
temporary construction easement was increased from 232.86 square feet to 943.25 square feet,
and the temporary driveway easement was increased from 323.80 square feet to 850.00
square feet; therefore, it is necessary to amend the areas of required easement acquisition
previously approved.



Comm. Dist.

2
Agenda Item Number. 3
Page 22 of 225






FUNDING

N/A

RECOMMENDATION

The Board of Commissioners amend a previously adopted action regarding condemnation
proceedings on one parcel on Windy Hill Road (West), Project No. E4030, by increasing the
areas of required easement acquisition; adopt a Resolution and Order in form substantially
similar to the attached; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map
Resolution and Attachment 1 for Parcel 17
Agenda Item Number. 3
Page 23 of 225
"
"
" "
"
"
"
" "
"
"
"
" "
DELK RD
W
I
N
D
Y
R
I D
G
E
P
K
W
Y
A
K
E
R
S
M
I
L
L
R
D
C
O
B
B

P
K
W
Y
SPRING RD
P
O
W
E
R
S
F
E
R
R
Y
R
D
H
E
R
O
D
I
A
N
W
A
Y
W
I
N
D
Y
H
I L
L
RD
R
O
S
W
E
L
L
S
T
C
O
B
B
P
K
W
Y
TERRE
LL
M
IL
L RD
N
O
R
T
H
P
A
R
K
PL
I
N
T
E
R
S
T
A
T
E
N
P
K
W
Y
W
B
E
N
T
L
E
Y
R
D
F
R
A
N
K
L
I
N
R
D
I
N
T
E
R
S
TAT
E
N
C
I
R
I N T
E
R
S
TAT
E
N
PK
W
Y
L
A
K
E
PAR
K
D
R
C
I R
C
L
E
7
5
P
K
W
Y
C
U
M
B
E
R
L
A
N
D
B
L
V
D
W
IN
DY
H
I
L
L
R
D
V
I
L
L
A
G
E
P
K
W
Y
W
ILDWOOD PKWY
C
U
M
B
E
R
L
A
N
D
B
L
V
D
T
H
E
E
X
C
H
A
N
G
E
F
R
A
N
K
L
I
N
D
R
W
IN
D
Y
H
IL
L
R
D
H
A
W
K CT
T
U
R
P
IN
RD
BRENDA DR
A
RG
O
D
R
S
H
A
D
O
W
O
O
D
P
K
W
Y
T
E
A
S
L
E
Y
DR
PO
W
E
R
S
FRD
E
N
TERPRISE WAY
BR
OO
KV
I
E
W
R
D
A
IR
P
O
R
T
I
N
D
P
A
R
K
D
R
N
E
W
M
A
RKET
P
K
W
Y
RESOURC
E
D
R
H
I
G
H
T
R
L
W
O
O
D
L
A
N
D
T
E
R
D
U
NDEE DR
C
A
S
W
E
L
L
P
K
W Y
B
E
L
L

D
R
CAPITAL
C
I
R
F
O
R
E
S
T

L
N
F
R
ANKLIN
W
A
Y
SANDS PL
O
V
E
R
T
O
N
P
A
R
K
D
R
S
P
R
I
N
G

D
R
A
F
T
O
N
WAY
RIDGECREST
L
N
NORTHWEST PKWY
LA
K
E
RI DG
E DR
G
O
R
DON C
IR
P
A
R
K

R
D
G
LENROY DR
B
E
E
C
H
WOOD DR
P
E
B
B
L
E
C
R
E
E
K
R
D
R
O
L
L
I
N
G
V
I
E
W
D
R
L
E
A
R

D
R
BATESS
T
C
A
R
O
L
Y
N

D
R
L
E
L
A
N
D

D
R
KI NGSTON
C
T
§¨¦
75
§¨¦
285
Dobbins
ARB
Marietta
Smyrna
£¤
41
£¤
41
!(
280
!(
3
!(
3
!(
3
PROJECT:
Windy Hill Road (West),
Project No. E4030
[
DATE:
May 27, 2014
Notes: Commission District 2
Cobb County
Department of Transportation
LOCATION MAP
k
Begin Project
End Project
Parcel 17
Page 24 of 225
Page 25 of 225
Page 26 of 225
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: May 27, 2014


PURPOSE

To determine that circumstances are such that it is necessary to proceed with condemnation
proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., on one parcel on Floyd
Road, Project No. E6010.

BACKGROUND

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

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

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

Negotiations with the property owner are ongoing; however, in order to ensure project deadlines
are met, the Department is requesting condemnation approval by the Board of Commissioners in
the event negotiations are unsuccessful, and the Land Acquisition Review Committee,
consisting of the Department’s Development Services, Right-of-Way and Construction staff,
and the County’s Legal personnel, recommends a condemnation action be filed.



Comm. Dist.

4
Agenda Item Number. 4
Page 27 of 225






Under appropriate circumstances, as are more fully set forth under the provisions of O.C.G.A.
§32-3-4, the County is authorized to acquire real property interests by the Declaration of Taking
method. It is appropriate for the County to use this method for reasons including, but not
limited to, a desire for judicial ascertainment of all issues pertaining to the acquisition.

FUNDING

N/A

RECOMMENDATION

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

ATTACHMENTS
Location Map
Resolution and Attachment 1 for Parcel 18
Agenda Item Number. 4
Page 28 of 225
N
orfolk S
ou
thern R
ailw
a
y
!(
8
!(
139
!(
8
B
E
A
V
E
R

D
R
FRONT ST
ANNIE LN
D
A
N
I
E
L
S
T
PINE VALLEY RD
CHRIS LN
W
H
I
T
E

B
L
V
D
O
L
D
F
L
O
Y
D
R
D
SHE
R
A
T
O
N
W
A
Y
B
O
B
S
DR
C
A
V
A
N
W
A
Y
LANDERS DR
M
E
G
C
O
L
E
W
A
Y
S
H
A
N
N
O
N
W
A
Y
LAKESI DE
D
R
CHARL
O
T
T
E
D
R
G
R
E
S
H
A
M
RD
EDDIE LN
V
E
N
E
T
I
A
N
W
A
Y
LUNIE DR
LIONS CLUB DR
KEMOLAY RD
PALMS LN
BOGGS RD
G
A
R
N
E
R
R
D
OAK HILL
S
R
D
L
AFA
YE
T
T
E
D
R
H
E
R
I T
A
G
E
M
IS
T
TRL
CEN
TE
R ST
L
A
N
E

D
R
S
K
Y
V
I
E
W C
I R
V
E
R
A

L
N
A
N
D
R
E
W
D
R
C
A
M
IL
L
A
C
IR
D
U
N
N

R
D
SUNSET BLVD
CENTER ST
VI RGIL LN
B
R
I
A
R
L
E
I
G
H
CHSE
WALKE
R
D
R
F
A
L
C
O
N

L
N
PI NE VA
L
LE
Y RD
MONTICELLO DR
C
A
R
D
I
N
A
L
D
R
O
L
D
B
A
N
K
H
E
A
D
H
W
Y
ANGELIA DR
AYRES RD
S
A
IN
T
P
A
T
R
IC
K
D
R
R
O
Y

A
V
E
DU
BLIN
C
T
DODGEN PL
C
L
I F
F
D
R
CRESTBROOK LN
F
L
O
R
R
I
E

D
R
PARK RD
P
O
W
E
L
L
D
R
W
I L
SO
N
R
D
W
A
T
E
R
F
O
R
D
D
R
V
O
N
D
A
L
N
S
T
O
N
E
Y
C
V
H
A
R
D
I
N
G
D
R
COMMUNITY RD
F
O
N
T
A
IN
E
R
D
K
E
M
M
I
E

L
N
H
E
L
E
N

P
L
M
O
L
L
I
E

L
N
LELAND DR
DALE DR
C
L
U
B
D
R
BELLEM
E
A
D
E
C
I
R
LINDA LN
TRIGGER
D
R
LEE
RD
WOODLAND LN
LAKE
C
I
R
HILLTOP CI R
STRICKLAND DR
PALMER PL
H
A
G
G
A
R
D

D
R
L
A
B
A
M
A
D
R
P
UCKETT DR
D
E
N
N
Y

L
N
B
R
I
T
T

R
D
PROSPECT PL
T
R
ENTON CT
BRENTWOOD DR
G
R
A
C
E
S
T
RIDGE AVE
HILLTOP CIRCLE EXT
S
T
E
L
L
A
C
I
R
W
E
D
G
E
W
O
O
D
D
R
COMMUNITY DR
C
R
A
B
A
P
P
L
E
D
R
MARAN LN
A
U
S
T
I
N

D
R
J
O
SEPH CLUB
DR
P
IN
ELAND CIR
W
H
I
S
P
E
R
I
N
G
P
I
N
E
S
R
D
O
L
D
G
O
R
D
O
N
R
D
N
O
R
T
H
L
A
N
D
RD
M
IMOSA CIR
T
H
U
N
D
E
R
W
O
O
D
R
D
M
A
B
L
E
L
A
K
E
D
R
LU
TH
E
R
D
R
MAPLE VALLEY
R
D
P
I
N
E

D
R
M
A
B
LE ST
B
E
V
E
R
L
Y

D
R
A
N
N
A

W
A
Y
LAVERTE CI R
VALLEY CREEK
R
D
B
R
O
O
K
W
O
O
D
D
R
S
H
A
N
N
O
N
GREEN
C
I
R
WOOD VALLEY RD
F
R
A
NCI S CIR
MOU
N
T
P
I
S
G
A
H
L
N
S
I
L
H
O
U
E
T
T
E
L
N
G
L
O
R
E

D
R
B
R
E
N
D
A

D
R
W
O
O
D
W
ARD CIR
PINELAND RD
M
E
L
A
N
I
E

L
N
DUNN PKWY
DU
R
O
N
P
L
L
Y
N
N
E

C
I
R
C
A
R
O
L
C
I
R
B
R
O
O
K
W
O
O
D
D
R
V
E
T
E
R
A
N
S
M
E
M
O
R
IA
L
H
W
Y
C
O
O
P
E
R
L
A
K
E
R
D
O
L
D
P
O
W
D
E
R
S
P
R
IN
G
S
R
D
M
A
B
L
E
T
O
N
P
K
W
Y
F
L
O
Y
D
R
D
P
I
S
G
A
H
R
D
D
O
D
G
E
N

R
D
N
IC
K
A
JA
C
K
R
D
CLAY
RD
F
O
N
T
A
IN
E
R
D
G
L
O
R
E
R
D
OLD ALABAMA RD
PROJECT:
Floyd Road
Project No. E6010
[
DATE:
May 27, 2014
Cobb County
Department of Transportation
LOCATION MAP
Begin
Project
k
End
Project
Notes: Commission District 4
"
"
"
"
"
"
"
"
"
Parcel 18
Page 29 of 225
Page 30 of 225
Page 31 of 225
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: May 27, 2014


PURPOSE

To approve a contract with TMI Services, Inc., for countywide pavement marking, Project No.
TR476, MIS Contract No. 000781.

BACKGROUND

Pavement markings are an important component of the Department’s system of traffic control
devices on County thoroughfare roads. As a part of our annual maintenance program, the
Department recommends replacing pavement markings on 51 roads, which are listed in the
attachment. A supplemental list of road segments, also attached, has been developed in the event
roads are added within the contract amount. Depending upon actual field conditions and work
quantities, roads may be added or deferred.

The Invitation to Bid for this project was advertised in the Marietta Daily Journal on April 11,
18, and 25, 2014, and again on May 2, 2014. Bids were received on May 8, 2014, from the
following companies:

Company Bid Amount

TMI Services, Inc. $337,175.65

Peek Pavement Marking, LLC $369,331.07


The low bid of $ 337,175.65 from TMI Services, Inc., was reviewed and found to be reasonable
and responsive. The contract time for completion is 90 calendar days from issuance of the Notice
to Proceed.

Comm. Dist.

All
Agenda Item Number. 5
Page 32 of 225






FUNDING

Available in the Department’s approved FY14 Operating Budget as shown, with the following
budget transfers:




010-050-0799-0799-6512 (Road Maintenance-Contracts) $325,000.00
Transfer from: 010-050-0710-0710-8810 (Contingency-Contracted Services) $ 12,175.65
Transfer to: 010-050-0799-0799-6512 (Road Maintenance-Contracts) $ 12,175.65

RECOMMENDATION

The Board of Commissioners approve a contract with TMI Services, Inc., in an amount not to
exceed $337,175.65, for countywide pavement marking, Project No. TR476, MIS Contract No.
000713; authorize the corresponding budget transactions; and further authorize the Chairman to
execute the necessary documents.

ATTACHMENTS
2014 Pavement Marking Contract - List of Roads
Agenda Item Number. 5
Page 33 of 225
ROAD NAME DESCRIPTION DIST.
LENGTH
(miles)
John Ward Road Cheatham Hill Rd to Dallas Hwy 1 0.6
Lost Mountain Road Dallas Hwy to Macland Rd 1 3.3
Luther Ward Road Bridge at address 1050 to Casteel Rd 1 0.6
Mars Hill Road Stilesboro Rd to Church at address 1605 1 0.3
Mars Hill Road Thornapple Ln to Driveway at address 1000 1 1.0
Mars Hill Road Hurstcliffe Dr to Hermitage Dr 1 1.8
Mars Hill Road Driveway at address 126 to Dallas Hwy 1 0.3
Atlanta Road Ridge Rd to Cumberland Pkwy 2 1.3
Circle 75 Parkway Cobb Pkwy to Windy Hill Rd 2 1.4
East Cobb Drive Roswell Rd to Johnson Ferry Rd 2 0.3
East-West Connector Fontaine Rd to South Cobb Dr 2 2.4
Maner Road South Cobb Dr to Plant Atkinson Rd 2 0.8
Woodlawn Road Paper Mill Rd to Lower Roswell Rd 2 1.4
Ernest Barrett Parkway Bells Ferry Rd to I-575 NB Ramps 3 0.5
Frey Road G Busbee Pkwy to Shiloh Rd 3 0.3
George Busbee Parkway Barrett Pkwy to Chastain Rd 3 1.8
2014 Pavement Marking Contract
Long Line Striping - List of Roads
George Busbee Parkway Barrett Pkwy to Chastain Rd 3 1.8
Jims Road Wigley Rd to Steinhauer Rd 3 0.7
McPherson Road Post Oak Tritt Rd to Shallowford Rd 3 0.5
New Chastain Road Bells Ferry Rd to Canton Rd 3 1.4
North Booth Road Shiloh Rd to Bells Ferry Rd 3 1.3
Piedmont Road Canton Rd to Sandy Plains Rd 3 2.0
Post Oak Tritt Road Johnson Ferry Rd to the Fulton County Line 3 1.9
Sandy Plains Road Canton Conn to Canton Rd 3 0.2
Steinhauer Road Shallowford Rd to Bridge north of address 4363 3 1.2
Wooten Lake Road Wade Green Rd to Shiloh Rd 3 1.2
Atlanta Road South Cobb Dr to Pat Mell Rd 4 2.6
Austell Powder Springs Road Old Thompson Dr to 315' north of Abney Dr - address 4263 4 1.0
Clay Road Austell Rd to Floyd Rd 4 2.2
Favor Road Austell Rd to Smyrna Powder Springs Rd 4 1.7
Hiram Lithia Springs Road City of Powder Springs to Hill Rd 4 1.8
Hurt Road Floyd Rd to Austell Rd 4 0.1
Macedonia Road East -West Conn To Hopkins Rd 4 1.4
Page 34 of 225
2014 Pavement Marking Contract
ROAD NAME DESCRIPTION DIST.
LENGTH
(miles)
Al Bishop Drive County Services Pkwy to Callaway Rd 1 0.7
Burnt Hickory Road Marietta City limits to Paulding County line 1 9.7
Cheatham Hill Road John Ward Rd to Powder Springs Rd 1 2.1
County Services Parkway Powder Springs Rd to Austell Rd 1 1.7
Due West Road Acworth Due West Rd to Paulding County line 1 4.7
Ernest Barrett Parkway Dallas Hwy to Cobb Pkwy 1 4.5
Barnes Mill Road Merritt Rd to Roswell Rd 2 2.1
Delk Road Powers Ferry Rd to I-75 2 2.3
East-West Connector Powder Springs Rd to Fontaine Rd 2 6.5
East-West Connector South Cobb Dr to Atlanta Rd 2 0.6
Johnson Ferry Road Shallowford Rd to Fulton County Line 2 6.8
Powers Ferry Road South Marietta Pkwy to Delk Rd 2 2.3
Powers Ferry Road Terrell Mill Rd to Akers Mill Rd 2 2.4
Terrell Mill Road Cobb Pkwy to Lower Roswell Rd 2 4.1
Windy Hill Road Powder Springs Rd to Smyrna City Limits 2 8.2
Canton Road Canton Connector to Cherokee County Line 3 5.3
East Piedmont Road Sandy Plains Rd to Roswell Rd 3 3.2
Piedmont Road Bells Ferry Rd to Canton Rd 3 3.3
Raised Pavement Markers (RPMs) ONLY - List of Roads
Piedmont Road Bells Ferry Rd to Canton Rd 3 3.3
Sandy Plains Road Canton Rd to Woodstock Rd 3 8.8
Shallowford Road Canton Rd to Fulton County Line 3 7.8
Ernest Barrett Parkway Macland Rd to Powder Springs Rd 4 2.6
Powder Springs Road Macland Rd to Powder Springs City Limit 4 6.4
Page 35 of 225
ROAD NAME DESCRIPTION DIST.
LENGTH
(miles)
Kennesaw Due West Road Stilesboro Rd to driveway at address 1800 1 0.4
Cooper Lake Road Cooper Lake Dr to Daniel St 2 0.9
Interstate North Parkway Cumberland Blvd to Powers Ferry Rd 2 0.7
Timber Ridge Road Roswell Rd to Lower Roswell Rd 2 1.3
Hickory Grove Road Wade Green Rd to Baker Rd 3 1.9
Shallowford Road Johnson Ferry Rd to Sandy Plains Rd 3 2.4
Shaw Road Piedmont Rd to Ebenezer Rd 3 1.3
Town Center Drive Busbee Pkwy to Busbee Pkwy 3 1.1
2014 Pavement Marking Contract
Long Line Striping - Supplemental List of Roads
Page 36 of 225
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: May 27, 2014


PURPOSE

To approve a Cobb Framework Agreement with Cumberland Community Improvement District
(CCID) for Cumberland Boulevard Traffic Signal Upgrades, Cobb County Project No. TR477.

BACKGROUND

Cumberland Boulevard Traffic Signal Upgrades is a traffic signal project located within the
Cumberland Community Improvement District (CCID). The project consists of upgrading eight
traffic signals in the Cumberland Boulevard area with black decorative mast arm displays:

Cumberland Boulevard at Riverwood Parkway
Cumberland Boulevard at Walton Riverwood Lane
Cumberland Boulevard at Post Woods Drive
Cumberland Boulevard at Cobb Galleria Parkway
Cumberland Boulevard at Akers Mill Road (West)
Cumberland Boulevard at Akers Mill Road (East)
Cumberland Boulevard at Interstate North Parkway
Akers Mill Road at Overton Park Drive

The Cobb Framework Agreement details the responsibility of the CCID and Cobb County. This
project will be funded entirely by the CCID. The Department’s role will be to
provide engineering and design oversight, bidding administration and construction oversight of
the project.

The CCID has approved this CFA per review procedures authorized by the CCID Board on June
28, 2012.

The CFA has been approved as to form by the County Attorney's Office.
Comm. Dist.

2
Agenda Item Number. 6
Page 37 of 225





FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve a Cobb Framework Agreement with Cumberland
Community Improvement District (CCID) for Cumberland Boulevard Traffic Signal Upgrades,
Cobb County Project No. TR477; and authorize the Chairman to execute the necessary
documents, in a form substantially similar to the attached and as approved by the County
Attorney's Office.

ATTACHMENTS
Location Map
Cobb Frame Work Agreement
Agenda Item Number. 6
Page 38 of 225
"
"
"
"
"
"
"
"
F U L T ON
Marietta
Smyrna
£¤
41
£¤
41
!(
3
!(
3
!(
3
§¨¦
285
§¨¦
75
M
O
U
NT W
I
L
K
I NSON PKW
Y
A
N
N
R
D
D
R
E
W
S
B
U
R
Y C
T
B
E
L
L

D
R
S
T
I
L
L
H
O
U
S
E
R
D
S
T
I
L
L
H
O
U
S
E
L
N
J
A
N
E
L
Y
L
E
R
D
BRENDA DR
S
H
A
D
O
W
O
O
D
P
K
W
Y
S
P
O
R
T
S
A
V
E
W
E
D
M
O
R
E
CT
W
O
O
D
L
A
N
D
T
E
R
C
U
M
B
E
RLAND C
T
O
V
E
R
T
O
N
P
A
R
K
D
R
C
A
R
O
L
Y
N

D
R
R
A
N
C
H
RD
S
P
R
I
N
G

D
R
A
F
T
O
N
WAY
RIDGECR EST
L
N
C
O
C
H
I
S
E
D
R
C
U
M
B
E
R
L
A
N
D
D
R
P
A
R
K

R
D
R
O
L
L
I
N
G
V
I
E
W
D
R
J
A
Y

L
N
B
E
R
T
A
DAMS R
D
L
E
L
A
N
D

D
R
WINDY HIL
L
R
D
R
I
V
E
R
W
O
O
D

P
K
W
Y
SPRING RD
P
O
W
E
R
S
F
E
RRY RD
H
E
R
O
D
I
A
N
W
A
Y
MOUNT WILKINSON PKWY
C
U
M
B
E
R
L
A
N
D

B
L
V
D
C
O
B
B
P
K
W
Y
C
O
B
B
P
K
W
Y
I
N
T
E
R
S
T
A
T
E

N

P
K
W
Y
S
P
R
I
N
G
H
IL
L
R
D
S
P
R
I
N
G
H
I
L
L
P
K
W
Y
A
T
L
A
N
T
A

R
D
A
K
E
R
S
M
I
L
L
R
D
W
I
N
D
Y
H
I
L
L
R
D
V
I
L
L
A
G
E
P
K
W
Y
PAC
ES FER
RY RD
C
A
M
P
B
E
L
L
R
D
C
U
M
B
E
R
L
A
N
D

P
K
W
Y
S
O
U
T
H

P
A
R
K

P
L
WILDWOOD PKWY
W
A
T
E
R

P
L
C
IR
C
L
E

7
5
P
K
W
Y
T
E
R
R
E
L
L
M
I
L
L
R
D
PA
C
E
S
M
IL
L
R
D
N
O
R
T
H
P
A
R
K
P
L
IN
T
E
R
S
T
A
T
E
N
P
K
W
Y
E
C
O
B
B
G
A
L
L
E
R
I
A
P
K
W
Y
C
U
M
B
E
R
L
A
N
D
B
L
V
D
IN
T
E
R
S
T
A
T
E
N
C
IR
I
N
T
E
R
S
T
A
T
E

N

P
K
W
Y

W
W
I
N
D
Y
R
I
D
G
E
P
K
W
Y
C
O
B
B
P
K
W
Y
T
H
E
E
X
C
H
A
N
G
E
LA
KE PARK DR
Cumberland Boulevard
Signal Upgrades
Project No. TR477
[
DATE:
May 27, 2014
Cobb County
Department of Transportation
LOCATION MAP
k
Notes: Commission District 2
H
I
D
D
E
N
F
O
R
E
S
T
C
T
W
A
L
T
O
N
R
IV
ER
W
O
O
D
L
N
Page 39 of 225
Project# TR477 Cobb County

Page 1 of 7
AGREEMENT
BETWEEN
COBB COUNTY, GEORGIA
AND
CUMBERLAND COMMUNITY IMPROVEMENT DISTRICT
FOR
TRANSPORTATION FACILITY IMPROVEMENTS


This Cobb Framework Agreement (“CFA”) is entered into this ___ day of _________,
2014, by and between COBB COUNTY, GEORGIA a political subdivision of the State of
Georgia, hereinafter called the “COUNTY,” and the CUMBERLAND COMMUNITY
IMPROVEMENT DISTRICT, acting by and through its Board, hereinafter called the “CCID.”
County and CCID sometimes referred to hereinafter individually as “Party” and collectively as
“Parties”).
WITNESSETH
WHEREAS, the CCID and COUNTY desire to install mast arm signal upgrades
(“PROJECT”) affecting up to eight (8) intersections, more particularly identified under Exhibit
“A.” The PROJECT will be installed within Cobb County right-of-way.
WHEREAS, this CFA is intended to address the design, construction, and all costs
associated with the PROJECT;
WHEREAS, the COUNTY does not have any funds allocated, committed or budgeted
for the PROJECT;
WHEREAS, all PROJECT costs are solely the responsibility of and being funded solely
with CCID funds, further described in Exhibit “B;”
Page 40 of 225
Project# TR477 Cobb County

Page 2 of 7
WHEREAS, all design and engineering costs associated with the PROJECT will be
borne by the CCID. The COUNTY is providing a vendor to complete the design of the
PROJECT, through a task order more particularly detailed under Exhibit “C.”
WHEREAS, in order to advance the PROJECT, the CCID is willing to fund all not to
exceed costs incurred by the PROJECT, reimbursing the COUNTY. The CCID reserves the right
to approve the final PROJECT after procurement based on available funds, which may result in a
reduction in the number of intersections, or a decision by the CCID for the PROJECT not to be
constructed;
WHEREAS, the COUNTY and the CCID desire for construction to proceed at the
earliest possible date; and
WHEREAS, the COUNTY will bid the PROJECT, selecting a qualified bidder
(“CONTRACTOR”) subject to the approval of the CCID to construct the PROJECT. CCID
shall reimburse the COUNTY for all earned fees and costs invoiced by the CONTRACTOR at
no cost or obligation to the COUNTY;
NOW THEREFORE, for and in consideration of the mutual benefits and obligations
flowing each to the other, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. Construction Contract. The COUNTY will contract with the CONTRACTOR
to construct the PROJECT, subject to approval of the contract by the CCID. The
CONTRACTOR must agree to indemnify and insure the COUNTY and CCID for any claims,
damages, actions, judgments, costs, penalties, liabilities, demands, requests for payments, loss,
and expenses caused by the CONTRACTOR’s negligent acts or omissions, or willful
misconduct. The CCID shall have no liability to the COUNTY or any third parties for any failure
Page 41 of 225
Project# TR477 Cobb County

Page 3 of 7
of the CONTRACTOR to indemnify and hold harmless the COUNTY or for any failure of the
COUNTY or CONTRACTOR to obtain/maintain the required insurance in conformance with the
provisions of this CFA.
2. Construction Cost. The CCID shall be responsible for paying the not to exceed
construction costs, agreed upon after the procurement, once the final cost is known and accepted
by the CCID. The CCID certifies, however, that CCID funds will have been budgeted and will
be available upon execution of the contract with the CONTRACTOR to construct the PROJECT.
3. Project Management. The COUNTY shall review and has approval authority for
all aspects of the PROJECT provided, however, this review and approval does not relieve the
CCID of its responsibilities under the terms of this CFA. The COUNTY will appoint a Project
Manager to oversee and manage the PROJECT. All CCID correspondence or requests related to
the PROJECT shall flow through the COUNTY’S Project Manager.
4. General Assurance. The CCID shall comply with all terms and conditions
contained in the General Assurance, attached hereto as Exhibit D which is incorporated herein by
reference.
5. Effective Date; Term. The Effective Date of this CFA shall be the date on which
the last Party executes it and the CFA shall continue for a period of three years unless extended
by mutual agreement of the Parties. All payment obligations shall survive termination of this
CFA.
6. Time of Essence. Time is of the essence of this CFA.
7. Binding Effect. The benefits and obligations contained in this CFA shall inure to
and be binding on the Parties’ successors, heirs, and assigns.
Page 42 of 225
Project# TR477 Cobb County

Page 4 of 7
8. Jurisdiction;Venue. This CFA shall be governed in all respects by the laws of
the State of Georgia, and any action to enforce this CFA shall be brought in a court of competent
jurisdiction located in Cobb County, Georgia.
9. No Third Party Beneficiaries. Nothing herein expressed or implied is intended
to confer on any person, other than the Parties hereto or their respective successors and assigns,
any rights, remedies, obligations or liabilities under or by reason of this CFA.
10. Severability. If any provision of this CFA, 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 CFA shall remain valid and enforceable.
11. Notices. All notices and other communications required or permitted under this
CFA shall be in writing to the address set forth for such Party 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.
If to County: Director, Cobb DOT
1890 County Services Parkway
Marietta, Georgia 30008
With a Copy to: County Manager
100 Cherokee Street, Suite 300
Marietta, Georgia 30090
If to CCID: Malaika Rivers, Executive Director
Cumberland CID
PO Box 671868
Marietta, Georgia 30006
With a Copy to: J. Lynn Rainey, P.C.
Rainey & Phillips
358 Roswell Street, Suite 1130
Marietta, Georgia 30061
12. Authority. Each of the individuals executing this CFA on behalf of a Party
represents to the other Party that such individual is authorized to do so by requisite action of the
Party to this CFA.
Page 43 of 225
Project# TR477 Cobb County

Page 5 of 7
13. Entire Agreement. This CFA constitutes the entire understanding between the
Parties and supersedes any previous written or oral representations with respect to the subject
matter. Any changes to this CFA shall be made in writing upon the mutual agreement of the
Parties.
14. Counterparts. The Parties have caused this CFA to be executed in two
counterparts by their authorized representatives on the date below written, with each counterpart
to be considered as an original.

In Witness Whereof the Parties have set their hands and seals on the dates set forth below.

COBB COUNTY, GEORGIA Sworn to and subscribed before me
this ___ day of ____________, 2014.

By: ______________________________
Timothy D. Lee, Chairman Notary Public
Cobb County Board of Commissioners My Commission Expires:_________

(County Seal)


Approved as to form: Attest:

By:
Cobb County’s Attorney Office County Clerk

CUMBERLAND COMMUNITY Sworn to and subscribed before me
IMPROVEMENT DISTRICT this ___ day of ____________, 2014.

By: ______________________________
Name: Roger B. Leithead, Jr. Notary Public
Title: Chairman My Commission Expires:_________


Approved as to form:

By:
Lynn Rainey, CID General Counsel
LR/nr5.20.14
Page 44 of 225
Project# TR477 Cobb County

Page 6 of 7



EXHIBIT A

Project Number: TR477
Project Name: Cumberland Boulevard Traffic Signal Upgrades

The proposed Project consists of upgrading and replacing traffic signal equipment, complete with
powder coated black poles and mast arms and matching pedestrian poles; with Columbian style cast
aluminum ornamental split base, at up to eight (8) intersections as follows:

1.) Cumberland Blvd. @ Riverwood Parkway
2.) Cumberland Blvd. @ Walton Riverwood Lane
3.) Cumberland Blvd. @ Post Woods Drive
4.) Cumberland Blvd. @ Cobb Galleria Parkway
5.) Cumberland Blvd. @ Akers Mill Rd. (West)
6.) Cumberland Blvd. @ Akers Mill Rd. (East)
7.) Cumberland Blvd. @ Interstate North Parkway
8.) Akers Mill Road @ Overton Park Drive

All vehicular and pedestrian signal heads shall be black.
Page 45 of 225
Project# TR477 Cobb County

Page 7 of 7
Exhibit "B" Funding Sources and Distribution
Project Preliminary Engineering Right of Way Construction
Utility
Relocation Testing Inspection
(PI#, Project #) Funding Managed
by:
Funding of
Real
Property
ACQ BY: Fund By: Funding Letting: Funding

Cumberland Boulevard
Traffic Signal
Upgrades, Project No.
TR477
$67,379.00
(100% CCID)
Cobb
County
N/A N/A N/A CCID
Cobb
County
CCID CCID CCID










P
a
g
e

4
6

o
f

2
2
5
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: May 27, 2014


PURPOSE

To approve Project No. TR477-TO#02 to the 2012 Master Task Order Contract with HNTB Corporation for
traffic engineering services for Cumberland Boulevard Traffic Signal Upgrades, MIS Contract No. 000562.

BACKGROUND

Cumberland Boulevard Traffic Signal Upgrades is a traffic signal project located within the Cumberland
Community Improvement District (CCID). The project consists of upgrading eight traffic signals in the
Cumberland Boulevard area with black decorative mast arm displays.

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

Project No. TR477-TO#02 to the 2012 Master Task Order Contract with HNTB Corporation, in an amount
not to exceed $67,379.00, is requested for engineering services for eight traffic signal upgrades within the
CCID:

Cumberland Boulevard at Riverwood Parkway
Cumberland Boulevard at Walton Riverwood Lane
Cumberland Boulevard at Post Woods Drive
Cumberland Boulevard at Cobb Galleria Parkway
Cumberland Boulevard at Akers Mill Road (West)
Cumberland Boulevard at Akers Mill Road (East)
Cumberland Boulevard at Interstate North Parkway
Akers Mill Road at Overton Park Drive



Comm. Dist.

2
Agenda Item Number. 7
Page 47 of 225






This project will be funded entirely by the CCID. The Department’s role will be to provide the engineering
and design oversight, bidding administration and construction oversight of the project.

Approval of this contract with HNTB Coporation is contingent upon the Board’s approval of a Cobb
Framework Agreement with the CCID, which is being presented to the Board concurrent with this agenda
item.

FUNDING

Appropriate revenue received from the Cumberland Community Improvement District (CCID) to the
Capital Projects Fund as follows:

Increase Revenue Appropriation: 380-050-4638-4505-TR477-E (CID Revenue) $67,379.00
Increase Expenditure Appropriation: 380-050-4638-8722-TR477-E (Engineering Design) $67,379.00

RECOMMENDATION

The Board of Commissioners approve Project No. TR477-TO#02 to the 2012 Master Task Order Contract
with HNTB Corporation, in an amount not to exceed $67,379.00, for traffic engineering services for
Cumberland Boulevard Traffic Signal Upgrades, MIS Contract No. 000562; authorize the corresponding
budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map
Agenda Item Number. 7
Page 48 of 225
"
"
"
"
"
"
"
"
F U L T ON
Marietta
Smyrna
£¤
41
£¤
41
!(
3
!(
3
!(
3
§¨¦
285
§¨¦
75
M
O
U
NT W
I
L
K
I NSON PKW
Y
A
N
N
R
D
D
R
E
W
S
B
U
R
Y C
T
B
E
L
L

D
R
S
T
I
L
L
H
O
U
S
E
R
D
S
T
I
L
L
H
O
U
S
E
L
N
J
A
N
E
L
Y
L
E
R
D
BRENDA DR
S
H
A
D
O
W
O
O
D
P
K
W
Y
S
P
O
R
T
S
A
V
E
W
E
D
M
O
R
E
CT
W
O
O
D
L
A
N
D
T
E
R
C
U
M
B
E
RLAND C
T
O
V
E
R
T
O
N
P
A
R
K
D
R
C
A
R
O
L
Y
N

D
R
R
A
N
C
H
RD
S
P
R
I
N
G

D
R
A
F
T
O
N
WAY
RIDGECR EST
L
N
C
O
C
H
I
S
E
D
R
C
U
M
B
E
R
L
A
N
D
D
R
P
A
R
K

R
D
R
O
L
L
I
N
G
V
I
E
W
D
R
J
A
Y

L
N
B
E
R
T
A
DAMS R
D
L
E
L
A
N
D

D
R
WINDY HIL
L
R
D
R
I
V
E
R
W
O
O
D

P
K
W
Y
SPRING RD
P
O
W
E
R
S
F
E
RRY RD
H
E
R
O
D
I
A
N
W
A
Y
MOUNT WILKINSON PKWY
C
U
M
B
E
R
L
A
N
D

B
L
V
D
C
O
B
B
P
K
W
Y
C
O
B
B
P
K
W
Y
I
N
T
E
R
S
T
A
T
E

N

P
K
W
Y
S
P
R
I
N
G
H
IL
L
R
D
S
P
R
I
N
G
H
I
L
L
P
K
W
Y
A
T
L
A
N
T
A

R
D
A
K
E
R
S
M
I
L
L
R
D
W
I
N
D
Y
H
I
L
L
R
D
V
I
L
L
A
G
E
P
K
W
Y
PAC
ES FER
RY RD
C
A
M
P
B
E
L
L
R
D
C
U
M
B
E
R
L
A
N
D

P
K
W
Y
S
O
U
T
H

P
A
R
K

P
L
WILDWOOD PKWY
W
A
T
E
R

P
L
C
IR
C
L
E

7
5
P
K
W
Y
T
E
R
R
E
L
L
M
I
L
L
R
D
PA
C
E
S
M
IL
L
R
D
N
O
R
T
H
P
A
R
K
P
L
IN
T
E
R
S
T
A
T
E
N
P
K
W
Y
E
C
O
B
B
G
A
L
L
E
R
I
A
P
K
W
Y
C
U
M
B
E
R
L
A
N
D
B
L
V
D
IN
T
E
R
S
T
A
T
E
N
C
IR
I
N
T
E
R
S
T
A
T
E

N

P
K
W
Y

W
W
I
N
D
Y
R
I
D
G
E
P
K
W
Y
C
O
B
B
P
K
W
Y
T
H
E
E
X
C
H
A
N
G
E
LA
KE PARK DR
Cumberland Boulevard
Signal Upgrades
Project No. TR477
[
DATE:
May 27, 2014
Cobb County
Department of Transportation
LOCATION MAP
k
Notes: Commission District 2
H
I
D
D
E
N
F
O
R
E
S
T
C
T
W
A
L
T
O
N
R
IV
ER
W
O
O
D
L
N
Page 49 of 225
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: May 27, 2014


PURPOSE

To approve Amendment No. 1 to the contract with ARCADIS U.S., Inc., to develop the five-
year update to the Cobb County Comprehensive Transportation Plan, Cobb County Project No.
E5030, State P. I. No. 0008732.

BACKGROUND

The five-year update to the Comprehensive Transportation Plan (CTP), which includes
strategies and recommendations through the year 2040, is required for the County and its
municipalities to remain competitive for federal implementation funds, as well as to address
growth and other changes that have occurred since acceptance of the 2030 CTP.

On April 24, 2012, the Board of Commissioners approved a Subgrant Agreement with the
Atlanta Regional Commission (ARC) to conduct a planning study and develop a five-year
update to the 2030 Comprehensive Transportation Plan (CTP) for the County and its six
municipalities. The project is identified in the ARC Regional Transportation Improvement
Program as project number AR-004-2012 and is designated as Georgia Department of
Transportation (GDOT) P.I. No. 0008732.

On February 26, 2013, the Board approved a contract with ARCADIS U.S., Inc., to develop the
five-year update to the Cobb County CTP in an amount not to exceed $1,400,000.00.

Amendment No. 1, a no-cost time extension to the contract with ARCADIS U.S., Inc., to
develop the five-year update to the CTP is requested to extend the completion date of the
agreement from April 30, 2014, to November 30, 2014. The Department recommends approval
of the amendment as this time extension brings the timeline of the current schedule of the CTP
into alignment with the revised schedule of the Subgrant Agreement.

Comm. Dist.

All
Agenda Item Number. 8
Page 50 of 225







An agenda item to extend the time of performance for the Subgrant Agreement with ARC is
being presented to the Board concurrent with this item.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve Amendment No. 1, a no cost time extension to November
30, 2014, to the contract with ARCADIS U.S., Inc., to develop the five-year update to the Cobb
County Comprehensive Transportation Plan, Cobb County Project No. E5030, State P. I. No.
0008732; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Amendment No. 1 to contract
Agenda Item Number. 8
Page 51 of 225
COBB COUNTY
DEPARTMENT OF TRANSPORTATION
AMENDMENT TO AGREEMENT


Project No. E5030
AMENDMENT NO. 1


WHEREAS, ARCADIS U.S., Inc., entered into an Agreement with Cobb County on April 9, 2013, for work
associated with the development of a five-year update to the Cobb County 2030 Comprehensive Transportation
Plan (CTP), Project No. E5030, MIS Contract No. 000646, and

WHEREAS, the Parties desire to submit the following amendment to the agreement to-wit:

The fourth sentence of Item 3 Time of Performance. is hereby deleted and replaced with the
following sentence: “All work and services required hereunder shall be completed on or before
November 30, 2014.”

This agreement in no way modifies or changes the original Agreement of which it becomes a part, except as
specifically stated herein.

NOW, THEREFORE, ARCADIS U.S., Inc., and Cobb County, hereby agree to said Amendment to Agreement
consisting of the above mentioned items and prices, and agree that this Amendment is hereby made a part of the
original Agreement to be performed under the specifications thereof, and that the original contract is in full force
and effect, except insofar as it might be modified by this Amendment.

SO AGREED, this _________ day of ____________________________, 20 .



DEPARTMENT OF TRANSPORTATION ARCADIS U.S., INC.
Company

Deputy Director By:

Name: Name/Title:

Approved: Date

[ATTACH CORPORATE SEAL]


APPROVED AS TO FORM BY: COBB COUNTY


Cobb County Attorney’s Office Chairman, Board of Commissioners

[ATTACH COUNTY SEAL]


ATTEST:
County Clerk
5.13.14/ncr
Page 52 of 225
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: May 27, 2014


PURPOSE

To approve Amendment No. 1 to the Subgrant Agreement with the Atlanta Regional
Commission for County Comprehensive Transportation Plan Assistance Program grant funding
for the development of a five-year update to the Cobb County 2030 Comprehensive
Transportation Plan, Cobb County Project No. E5030, State P. I. No. 0008732.

BACKGROUND

On April 24, 2012, the Board of Commissioners approved a Subgrant Agreement with the
Atlanta Regional Commission (ARC) to conduct a planning study and develop a five-year
update to the 2030 Comprehensive Transportation Plan (CTP) for the County and its six
municipalities. The project is identified in the ARC Regional Transportation Improvement
Program as project number AR-004-2012 and is designated as Georgia Department of
Transportation (GDOT) P.I. No. 0008732.

On February 26, 2013, the Board approved a contract with ARCADIS U.S., Inc., to develop the
five-year update to the Cobb County CTP.

The Department is in receipt of Amendment No. 1 from ARC to extend the time of
performance of the Subgrant Agreement from June 30, 2014, to November 30, 2014. The
Department recommends approval of the amendment as this time extension brings the timeline
of the Subgrant Agreement into alignment with the current schedule of the CTP.

An agenda item to extend the time of performance for the Consultant Services Agreement with
ARCADIS, U.S., Inc., is being presented to the Board concurrent with this item.



Comm. Dist.

All
Agenda Item Number. 9
Page 53 of 225




FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve Amendment No. 1, a no cost time extension to November
30, 2014, to the Subgrant Agreement with the Atlanta Regional Commission for County
Comprehensive Transportation Plan Assistance Program grant funding, for the development of a
five-year update to the Cobb County 2030 Comprehensive Transportation Plan, Cobb County
Project No. E5030, State P. I. No. 0008732; and authorize the Chairman to execute the
necessary documents.

ATTACHMENTS
Amendment to Subgrant Agreement
Agenda Item Number. 9
Page 54 of 225
ARC Contract
Number UP 1221.1
1 of 1
UP 1221.1
Amendment #1
AMENDMENT OF SUBGRANT AGREEMENT
THIS AGREEMENT is entered into as of this ____ day of _____, 2014, by and between Cobb County, a
political subdivision of the State of Georgia, (hereinafter referred to as the “Subgrantee”) and the Atlanta
Regional Commission (hereinafter referred to as “ARC”).
WITNESSETH THAT
WHEREAS, the parties hereto did enter into a subgrant agreement dated June 12, 2012, in which the
Subgrantee agreed to perform certain services for ARC and ARC agreed to compensate the Subgrantee
for the performance of such services, all as more fully set forth in said agreement; and
WHEREAS, the parties wish to amend said agreement in certain respects as set forth herein below.
NOW, therefore and in consideration of the mutual benefits to the parties, the parties agree that said
agreement is hereby amended as follows:
1. The third sentence of Item 3, Time of Performance, is hereby deleted and replaced with the
following sentence, “All work and services required hereunder shall be completed on or
before November 30, 2014.”
Except as specifically modified hereinabove, the remainder of said subgrant agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the Subgrantee and ARC have hereunto agreed effective as of the date first
above written.


ATTEST:


Date:



ATTEST:


Date:
COBB COUNTY
By:
Timothy D. Lee, Chairman
Board of Commissioners

(County Seal)

ATLANTA REGIONAL COMMISSION
By:
Director
Printed Name:

By:
Chair
Printed Name:
Page 55 of 225
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: May 27, 2014


PURPOSE

To adopt a resolution authorizing the submission of a FY14 Section 5307 Grant application (Grant No.
GA-90-X337) to the Federal Transit Administration for transit capital, planning, and operating related
projects.

BACKGROUND

Each year, funds are allocated to Cobb County from the Federal Transit Administration (FTA) Section
5307 formula program for transit capital, planning, and operating related projects.

Federal monies requested in this grant will fund 80 percent of the costs of Cobb Community Transit
(CCT) capital, planning, and specific operating related projects. This grant will also fund 50 percent of a
portion of CCT's routine operating expenditures. To obtain these funds, the Board of Commissioners must
adopt a resolution authorizing the submission of a grant application to the FTA.

The FY14 FTA Section 5307 Grant application, which totals $6,388,348.00, includes capital projects in
the amount of $4,383,348.00, and operating/planning projects in the amount of $2,005,000.00. The Grant
will provide 80 percent federal funding for capital, planning, and specific operating projects, or
$4,910,678.00, and 50 percent federal funding for operating assistance, or $125,000.00; federal funding
available totals of $5,035,678.00. At this time, state funding is not available for matching funds; therefore,
a 20 percent local match of $1,227,670.00 will be required for capital, planning, and specific operating
projects, and a 50 percent local match of $125,000.00 will be required for operating assistance; local
match funding required totals $1,352,670.00. Funding for the local match total of $1,352,670.00 is
available in the Transit Division's approved FY14 Operating and Capital Project Fund budgets.




Comm. Dist.

All
Agenda Item Number. 10
Page 56 of 225





IMPACT STATEMENT

Federal funding will provide 80 percent of eligible capital, planning, and specific operating project costs,
for a total of $4,910,678.00; a 20 percent local match, in the amount of $1,227,670.00, will be required.
The Moving Ahead for Progress in the 21st Century Act, which is the new transportation legislation
reauthorizing surface transportation programs through FY14, allows federal reimbursement for routine
operating costs, subject to certain requirements and limitations. Federal funding for the operating
assistance portion of this grant totals $125,000.00; a 50 percent local match, in the amount of
$125,000.00, will be required.

Local match funds required for various operating projects and operating assistance, in the amount of
$476,000.00, are available in the Transit Division’s approved FY14 Operating and Capital Projects Fund
budgets. Local match funds for various capital projects, in the amount of $876,670.00, are available in the
Transit Division’s approved FY14 Capital Projects Fund budget.

Acceptance of this funding will result in a savings of $126,600.00 to the Transit Operating Fund by
reducing the General Fund contribution currently budgeted for operating related expenses. These currently
budgeted contribution funds, in the amount of $126,600.00, will be reallocated to the Transit Capital
Projects Fund for use as local match on capital projects included in this grant application.

The funding amount included in this grant application represents a portion of federal funds available to
Cobb County in FY14. The full amount of Cobb County’s regional allocation is not anticipated to be
available until later in the 2014 calendar year. Once the full FY14 allocation is established and made
available, the Department will present an agenda item to the Board requesting to amend the FY14 FTA
Section 5307 Grant application, in an amount not to exceed additional federal funding allocated to Cobb
County.

FUNDING

Federal and local funding is available in the Transit Division's approved FY14 Operating Budget as
follows:









200-050-4802-4439 (FTA 5307-Capital) $ 800,000.00
200-050-4802-4442 (FTA 5307-Operating) $ 400,000.00
200-050-4802-4960 (General Fund Contribution) $ 552,000.00
200-050-4802-Various Expense Objects $1,752,000.00
Agenda Item Number. 10
Page 57 of 225





Appropriate receipt of additional revenue from FY14 FTA Section 5307 Grant funds to the Transit
Division's approved FY14 Operating Budget as follows:

Reallocate the reduced General Fund Contribution to the Transit Capital Projects Fund Budget, for use as
local match, as follows:
Appropriate receipt of additional revenue from FY14 FTA Section 5307 Grant Funds to the
Transit Capital Projects Fund Budget as follows:
Local funding is available in the Transit Capital Projects Fund Budget with the following interfund
transfer:
Increase Revenue Appropriation: 200-050-4802-4441 (FTA 5307-Planning) $ 1,600.00
200-050-4802-4442 (FTA 5307-Operating) $125,000.00
Decrease Revenue Appropriation: 200-050-4802-4960 (General Fund Contribution) $126,600.00
Increase Appropriations: 202-050-4851-4960/8005 (Local Match-FR Buses) $ 126,600.00
Increase Appropriations:
202-050-Various Units-4439/8005
(FTA 5307-Capital)
$3,478,678.00
202-050-4867-4440/Various Exps
(FTA 5307- Mobility Mgmt)
$ 28,000.00
202-050-4833-4441/8005 (FTA 5307-Planning) $ 202,400.00
Transfer from: 380-050-4654-8005 (Local Match) $ 800,670.00
Transfer to: 202-050-Various Units-8005 $ 743,070.00
202-050-4867-Various Exps (Mobility Mgmt) $ 7,000.00
202-050-4833-8005 (Planning) $ 50,600.00

RECOMMENDATION

The Board of Commissioners adopt a resolution authorizing the submission of an FY14 Section 5307
Grant application (Grant No. GA-90-X337) to the Federal Transit Administration, in an amount not to
exceed $6,388,348.00, 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.



Agenda Item Number. 10
Page 58 of 225




ATTACHMENTS
Resolution
FY14 FTA Grant Application Project List
Agenda Item Number. 10
Page 59 of 225
RESOLUTION

Resolution authorizing the filing of applications with the Federal Transit Administration, an
operating administration of the United States Department of Transportation, for Federal
transportation assistance authorized by 49 U.S.C. chapter 53, title 23 United States Code and
other Federal statutes administered by the Federal Transit Administration.

WHEREAS, the Federal Transit Administrator has been delegated authority to award Federal
financial assistance for a transportation project;

WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose
certain obligations upon Cobb County, and may require Cobb County to provide the local share
of the project cost;

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

NOW, THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissioners
authorize the filing of a grant by Cobb County with the Federal Transit Administration,
Department of Transportation, United States of America in an amount not to exceed
$6,388,348.00;

1. That the Chairman of the Cobb County Board of Commissioners or his designee is
authorized to execute and file an application for Federal assistance on behalf of Cobb
County with the Federal Transit Administration for Federal assistance authorized by 49
U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a
project administered by the Federal Transit Administration.

2. That the Chairman of the Cobb County Board of Commissioners or his designee is
authorized to execute and file with its application the annual certifications and assurances
and other documents the Federal Transit Administration requires before awarding a
Federal assistance grant or cooperative agreement.

3. That the Chairman of the Cobb County Board of Commissioners or his designee is
authorized to execute grant and cooperative agreements with the Federal Transit
Administration on behalf of Cobb County.

CERTIFICATION
The undersigned duly qualified Chairman of the Cobb County Board of Commissioners, acting
on behalf of the Cobb County Board of Commissioners, certifies that the foregoing is a true and
correct copy of a resolution adopted at a legally convened meeting of the Cobb County Board of
Commissioners held on May 13, 2014.

This _____ day of _______, 2014

___________________________________
Timothy D. Lee, Chairman
Cobb County Board of Commissioners
Page 60 of 225

FY2014 FTA GRANT APPLICATION PROJECT LIST



































Capital Projects Project Cost
Transit Center Improvements 125,000.00 $
Transit Center Equipment 75,000.00 $
Computer & Related Equipment 60,000.00 $
ITS & Related Equipment 100,000.00 $
Bus Stop Improvements 100,000.00 $
Pedestrian Access Walkways 578,348.00 $
Fare Collection Equipment 50,000.00 $
Mobility Management 35,000.00 $
Support Vehicles 50,000.00 $
Paratransit Vehicles-Replacement 960,000.00 $
Fixed Route Buses-Expansion 1,350,000.00 $
Fixed Route Buses-Replacement 900,000.00 $
Subtotal - Capital Projects $4,383,348.00
Operating Projects (20% Match) Project Cost
Preventive Maintenance 1,000,000.00 $
Paratransit Operations 500,000.00 $
Planning Program 250,000.00 $
Education/Training 5,000.00 $
Operating Projects (50% Match) Project Cost
Operating Assistance 250,000.00 $
Subtotal - Operating Projects 2,005,000.00 $
Total Grant 6,388,348.00 $
Page 61 of 225
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: May 27, 2014


PURPOSE

To approve Amendment No. 1 to the Subgrant Agreement with the Metropolitan Atlanta Rapid
Transit Authority for FY14 Federal Transit Administration Section 5339 Bus and Bus Facilities
Capital Assistance Grant funding for Cobb Community Transit.

BACKGROUND

On October 8, 2013, the Board of Commissioners adopted a resolution authorizing the
submission of a FY14 Section 5339 Grant application (Grant No. GA-34-0002) to the Federal
Transit Administration (FTA) for transit capital projects. Federal funding will provide 80
percent, or $674,048.00, of the total project cost of $842,560.00. A 20 percent local match, or
$168,512.00, was required.

The Department was subsequently notified by the FTA that Federal regulations applicable to
this new program prescribe that Metropolitan Atlanta Rapid Transit Authority (MARTA), as the
designated recipient, must apply for all Section 5339 Grant funds allocated to the region on
behalf of eligible transit operators; therefore, Cobb County was not able to apply for these funds
directly to FTA as previously approved by the Board. In order for Cobb County to receive its
share of funding allocated under this program, the County was required to enter into a Subgrant
Agreement with MARTA. For this reason, the FY14 Section 5339 Grant Application No. GA-
34-0002 was not submitted to the FTA.







Comm. Dist.

All
Agenda Item Number. 11
Page 62 of 225






On February 11, 2014, the Board approved a Subgrant Agreement with the MARTA, in an
amount not to exceed $842,560.00, for FY14 FTA Section 5339 Bus and Bus Facilities Capital
Assistance Grant funding for Cobb Community Transit and authorized the Department of
Transportation Strategic Planning and Grants Administrator to coordinate with MARTA
regarding the executed Subgrant Agreement.

The Department was recently notified that additional FTA Section 5339 Grant funding is
available to Cobb County for capital projects. Federal funding will provide 80 percent, or
$648,909.00, of the total project cost of $811,136.00. A 20 percent local match, or $162,227.00,
is required. Local matching funds for this FY14 FTA Section 5339 Grant are available in the
Department's approved Capital Projects Fund budget. The additional funding allocation will be
utilized to purchase replacement buses for Cobb Community Transit’s aging fleet.

MARTA estimates their project administration costs associated with this Subgrant Agreement to
be $6,740.00. The federal portion of administrative costs ($5,392.00) for MARTA to manage
the original grant and any amendments will be charged against the overall regional allocation of
Section 5339 funds; therefore, only the local share of administrative costs, in the amount of
$1,348.00, will be paid by Cobb County to MARTA to administer the grant. When amended,
the MARTA Subgrant Agreement for FY14 FTA Section 5339 Grant funding will total
$1,660,436.00.

Amendment No. 1 to the FTA Section 5339 Subgrant Agreement with MARTA has been
reviewed by the County Attorney's Office.

IMPACT STATEMENT

Amendment No. 1 to the FTA FY14 Section 5339 Subgrant Agreement with MARTA will
provide additional funding for capital projects in an amount not to exceed $811,136.00, which
includes $648,909.00 in Federal funding and $162,227.00 in local match funding.

No State funds are available at this time to assist with the local match. The required 20 percent
local match of $162,227.00 is available in the Department's FY14 approved Capital Projects
Fund budget.

Project administration costs to manage the Subgrant Agreement with MARTA are estimated to
be $6,740.00. MARTA will pay for and charge the 80 percent federal portion of this cost, or
$5,392.00, to the regional Section 5339 suballocation. The 20 percent local match required, or
$1,348.00, is available in the Capital Projects Fund Budget.

When amended, the FY14 FTA Section 5339 Subgrant Agreement with MARTA will total
$1,660,436.00.






Agenda Item Number. 11
Page 63 of 225




FUNDING

Federal funding is available in the approved Transit Capital Projects Fund Budget with the
following appropriation of FY14 FTA Section 5339 Grant funds:
Local funding is available in the approved Transit Capital Projects Fund Budget with the
following interfund transfer from the Capital Projects Fund:

Federal funding for Project Administration is available in the FY14 FTA Section 5339 Regional
Suballocation to MARTA.

Costs to be directly expended by MARTA $ 5,392.00

Increase Revenue Appropriation:

202-050-4851-4447
(FTA 5339-Bus & Bus Facilities)
$648,909.00
Increase Expenditure Appropriation:

202-050-4851-8005
(Fixed Route Buses)
$648,909.00
Transfer from:

380-050-4564-8005
(Local Match-Capital Projects)
$163,575.00
Transfer to:



202-050-4851-8005
(Fixed Route Buses)

202-050-4851-6573
(Project Admin)

$162,227.00

$ 1,348.00

RECOMMENDATION

The Board of Commissioners approve Amendment No. 1 to the Subgrant Agreement with the
Metropolitan Atlanta Rapid Transit Authority (MARTA), in an amount not to exceed
$811,136.00, for FY14 Federal Transit Administration Section 5339 Bus and Bus Facilities
Capital Assistance Grant funding for Cobb Community Transit; approve an amount not to
exceed $6,740.00 for associated Project Administration costs, a portion of which will be paid by
MARTA; authorize the corresponding budget transactions; and further authorize the Chairman
or his designee to execute the necessary documents, in a form substantially similar to those
attached.

ATTACHMENTS
Attachment B-1 Project Budget
Amendment No. 1 to MARTA/COBBCOUNTY FTA Section 5339 Subgrant Agreement.doc
Agenda Item Number. 11
Page 64 of 225
May 14, 2014
ATTACHMENT B-1
PROJECT BUDGET

The Sub-Grantee acknowledges that the compensation agreed upon in this section is to the best of its
knowledge and belief sufficient to accomplish the scope of work specified in Attachment A.

The Sub-Grantee further agrees and understands that any changes to the line item expense categories or
designated amounts in each of these expense categories must be made in writing prior to the occurrence
of any expenditure.

Total Project Fund
Sources/Revenues
Current
Budget Amount
FY 2014
Allocation
Program
Administration
Reallocated
Amended
Budget
1. Federal Transit Section
5339 Bus and Bus
Facilities Funds
$ 674,048 $ 648,909 $ 5,392 $ 1,328,349
2. Local Match: Cobb
County General Funds
$ 168,512 $ 162,227 $ 1,348 $ 332,087

Grand Total Revenues $ 842,560 $811,136 $ 6740 $ 1,660,436

Project Expenditure Line Item Budget (Revised)
_________________________________________________________________________________
Activity
Line Item
Project Description Quantity

Federal Share

Local Share Total
Estimated S
Project Cost
Original SubGrant Budget
11.12.01


Purchase of 40- foot
replacement buses
(Cobb County)

2 $ 668,656 $ 167,164

$ 835,820
11.53.92 Project Administration
(MARTA)Project
Administration
$ 5,392 $ 1,348 $ 6,740
Total $ 674,048 $ 168,512 $ 842,560
Additional FY14 Funding
11.12.01


Purchase of 40- foot
replacement buses
(Cobb County)

2 $ 648,909 $ 162,227 $ 811,136
11.53.92 Project Administration
(MARTA)Project
Administration**
$ 1,348 1,348
Revised Budget
11.12.01 Purchase of 40- foot
replacement buses
(Cobb County
4 $ 1,328,349 $ 332,087

$ 1,660,436*

Any costs in excess of the grant budget will be absorbed by existing Cobb County Section 5307 grants
** The Federal Share of MARTA Project Administration costs ($5,392) will be directly expended by
MARTA , with the 20% Local Matching Share ($1,348) being billed to the County.

Page 65 of 225
1

AMENDMENT NO. 1
TO
MARTA/COBB COUNTY
FTA SECTION 5339 BUS AND BUS FACILITIES 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 April 21, 2014, for the pass-through of Federal Transit
Administration (“FTA”) Section 5339 Bus and Bus Facilities formula program funds,
pending award under FTA Grant No. GA-34-0003, providing funding for the purchase
of replacement buses and related equipment; and
WHEREAS, the Atlanta Regional Commission (ARC) has additionally recently allocated
$648,909.00 in FTA FFY 2014 Section 5339 Formula Program funds to the County to
support the same project for the purchase of replacement buses and related equipment;
and
WHEREAS, FTA Grant No. GA-34-0003 will be modified by MARTA to add additional
Federal FY 2014 formula program fundingfor the County’s bus purchase project; and
WHEREAS, the FFY 2014 formula program funds are eligible for FTA Pre-Award
Expenditure Authority in advance of the FTA’s actual award/obligation of the
$648,909.00 in a grant contract to MARTA; and
WHEREAS, the Sub-Grantee has committed a 20 percent local matching share of
$162,227.00 for the additional FY2014 federal formula program funds allocated; and
WHEREAS, MARTA and the Sub-Grantee wish to amend the Agreement to include the
additional funds available and for other purposes.
NOW THEREFORE, it is mutually agreed that the Agreement between MARTA and the
Sub-Grantee be amended as follows:

1. Project Scope. Reference to the quantity of buses to be purchased in
Attachment A, Project Definition and Scope, Paragraph V., shall be deleted.
2. Project Budget. The compensation to be paid to Sub-Grantee in Attachment
B-1, Compensation and Method of Payment, shall be increased from
$674,048.00 to $1,328, 349.00 and the local match shall be increased from
approximately $168,512.00 to approximately $332,087.00. The Project
Budget, reflected in Attachment B-1 shall be increased by $811,136.00,
representing the additional $648,909.00 in FY2014 formula program federal
Page 66 of 225
2

funds allocated to the Sub-Grantee and the required 20 percent local share
match of $162,227.00. The total Amended Subgrant Project Budget shall now
be $1,660,436.00, with a Federal grant amount of $1,328,349.00 and a local
match of $332,087. 00.
3. Project Budget – The pre-existing Activity Line Item (ALI) for Project
Administration is being revised to only address the 20% Local Matching
portion of these costs, which will be reimbursed to MARTA by the Subgrantee.
Based on the ARC’s recent suballocation of additional Section 5339 funding
to cover the 80% federal share of MARTA’s Project Administration costs; the
the Federal Share amount of $5,392.00 is being transferred to o the ALI for
the purchase of buses.
4. 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 continue until such time as the
existing funds in the amount of $1,660,436.00 have been fully expended, and
the Agreement shall expire on December 31, 2016, or the date when the
amended Project Budget is fully expended, whichever occurs earlier.

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

• It will comply with the regulations, policies, guidelines and requirements
contained in FTA Circular 4702.1B, "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”.

All the terms, obligations and conditions of the Agreement between 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. 1 to the Agreement as of the date first above written.




Page 67 of 225
3

METROPOLITAN ATLANTA
RAPID TRANSIT AUTHORITY COBB COUNTY, GEORGIA



By: _________________________ By: ______________________
Keith T. Parker, AICP Timothy D. Lee
General Manager/CEO Chairman, Cobb County
Board of Commissioners


APPROVED AS TO FORM: APPROVED AS TO FORM:

____________________________ _________________________
Elizabeth M. O’Neill
AGM Legal Services/Chief Counsel County Attorney’s Office
MARTA Cobb County, Georgia



Page 68 of 225
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: May 27, 2014


PURPOSE

To authorize the advertisement for and conduct of a public hearing to secure transportation
planning services for development of a Route 10X implementation plan, and authorize issuance
of a Request for Proposals.

BACKGROUND

In summer 2013, the City of Marietta, in partnership with Southern Polytechnic State University
(SPSU) and Life University (Life U), completed a Livable Centers Initiative Study. The study
included a transportation recommendation to create a transit route focused on serving
the universities, linking students and other patrons between downtown/midtown Atlanta and
Cobb County.

Recognizing the need to improve transportation options for university students and staff as
identified in the study, the Department, in partnership with the participating universities, will
conduct a transit study of a proposed limited express route, currently referred to as the Cobb
Community Transit (CCT) Route 10X. Route 10X will be targeted to address the unmet need
for reliable transportation alternatives in the US41/I-75 corridors in Cobb County and
downtown/midtown Atlanta, and is anticipated to improve existing transit options. Upon
completion of the study as described, the Department will present the results to the Board and
request further direction.







Comm. Dist.

All
Agenda Item Number. 12
Page 69 of 225





The conceptual CCT Route 10X is envisioned to provide faster and more direct service
between downtown Atlanta and Kennesaw State University, including connections to Georgia
State University, Georgia Institute of Technology, Savannah School of Art and Design, Life U,
SPSU and other destinations. The Route 10X service is anticipated to shorten travel time by
limiting stops to major destinations. Route 10X is also anticipated to relieve the often
overcrowded CCT Route 10, which has the highest ridership in the CCT system and is one of
the highest ridership transit routes in the southeast.

The Department will use existing Federal Transit Administration grant funds to conduct the
study for the CCT Route 10X implementation plan. Due to the high level of interest in the study
effort, SPSU and Life U have each agreed to enter into Agreements with the County to fund 50
percent of the local share required to match federal funds, not to exceed $12,500.00 each. An
agenda item to approve Memorandums of Agreement with SPSU and Life U is being presented
to the Board of Commissioners concurrent with this agenda item.

In accordance with State of Georgia Code, the Board is required to conduct a public hearing
prior to expending funds of $100,000.00 or more to employ an independent consulting firm to
conduct an independent study or survey. The Department anticipates awarding a contract for
this project that could exceed $100,000.00, and therefore, requests that the Board authorize the
advertisement for and conduct of a public hearing prior to expending these funds.

The Department also requests authorization to issue a Request for Proposals to secure planning
services for development of a Route 10X implementation plan, utilizing Selection Process 1
(Competitive Negotiations) in the current Policy for Procurement of Professional Services, as
amended by the Board on December 20, 2011.

The Department will present an agenda item to the Board at a future date to approve a contract
for transportation planning services for the development of a CCT Route 10X implementation
plan. Upon completion of the study as described, the Department will present the results to the
Board and request further direction.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners authorize the advertisement for and conduct of a public hearing to
secure transportation planning services for development of a Route 10X implementation plan;
and further authorize issuance of a Request for Proposals (RFP) in accordance with
Selection Process 1 (Competitive Negotiations).
Agenda Item Number. 12
Page 70 of 225
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: May 27, 2014


PURPOSE

To approve Memorandums of Agreement with Southern Polytechnic State University and Life
University to participate in the development and funding of a Cobb Community Transit Route 10X
implementation plan.

BACKGROUND

In summer 2013, the City of Marietta, in partnership with Southern Polytechnic University (SPSU) and
Life University (Life U), completed a Livable Centers Initiative Study. The study included a transportation
recommendation to create a transit route focused on serving the universities, linking students and other
patrons between downtown/midtown Atlanta and Cobb County.

Recognizing the need to improve transportation options for students and staff as identified in the study, the
Department, in partnership with the participating universities, will conduct a transit study of the proposed
limited express route, currently referred to as the Cobb Community Transit (CCT) Route 10X. The Route
will be targeted to address the unmet needs for reliable transportation alternatives in the US41/I-75
corridors in Cobb County and downtown/midtown Atlanta, and is anticipated to improve existing transit
options. Although the route will be targeted towards university students, faculty and staff, it will also be
open to the general public.

The conceptual CCT Route 10X is envisioned to provide faster and more direct service between
downtown Atlanta and Kennesaw State University, including connections to Georgia State University,
Georgia Institute of Technology, Savannah School of Art and Design, Life U, SPSU and other
destinations. The Route 10X service is anticipated to shorten travel time by limiting stops to major
destinations. Route 10X is also anticipated to relieve the often overcrowded CCT Route 10, which has the
highest ridership in the CCT system and is one of the highest ridership transit routes in the southeast.


Comm. Dist.

All
Agenda Item Number. 13
Page 71 of 225





The Department will use existing Federal Transit Administration grant funds to conduct the study for the
CCT Route 10X implementation plan. Due to the high level of interest in the study effort, SPSU and Life
U have each agreed to enter into a Memorandum of Agreement (MOA) with the County to fund 50 percent
of the local share required to match federal funds, not to exceed $12,500.00 each.

The MOAs pertain only to the CCT Route 10X implementation plan study and do not obligate the
universities for any capital or operating costs should the Route 10X be implemented. In addition to the
financial commitment, the MOAs also define the level of involvement each university is expected to have
in the development of the Route 10X implementation plan. This includes committee memberships, which
are an integral part of the public engagement portion of the overall study effort.

The Department will lead the effort to competitively secure the services of a professional consultant, or
team of consultants, with expertise in transit planning, systems engineering, transit technology,
community engagement, and other disciplines necessary to conduct the CCT Route 10X implementation
plan study. Once the final scope and fee have been negotiated, funding advanced by SPSU and Life U will
be adjusted, if necessary, to reflect their proportionate amount of the actual local share required.

In the fall of 2013, the Department applied for and was awarded a federal grant to fund the estimated
operating costs of the CCT Route 10X service for three years, should the Board of Commissioners
authorize the proposed service to be implemented in the future. The funding, which consists of 80 percent
Congestion Mitigation and Air Quality (CMAQ) funds ($1,600,000.00), will require a local match of 20
percent. The grant request also included funding of capital equipment required for the service, but that
portion of the request was not funded. This information will be incorporated into the financial plan for the
Route 10X implementation, which will be developed as a part of the study.

The MOAs have been reviewed by the County Attorney’s Office.

FUNDING

Appropriate revenue received from Southern Polytechnic University and Life University ($12,500.00
each) to the Transit Capital Project Fund, as follows:
Increase Revenue Appropriation: 202-050-4833-4506 (Other Local Revenue) $25,000.00
Increase Expenditure Appropriation: 202-050-4833-8676 (Professional Services) $25,000.00

RECOMMENDATION

The Board of Commissioners approve Memorandums of Agreement with Southern Polytechnic State
University (SPSU) and Life University (Life U) to participate in the development and funding of a Cobb
Community Transit Route 10X implementation plan; authorize the corresponding budget transactions; and
further authorize the Chairman to execute the necessary documents, in a form substantially similar to the
attached and as approved by the County Attorney’s Office.


Agenda Item Number. 13
Page 72 of 225






ATTACHMENTS
Memorandum of Understanding with Southern Polytechnic State University
Memorandum of Understanding with Life University
Agenda Item Number. 13
Page 73 of 225
1

MEMORANDUM OF AGREEMENT
BETWEEN
COBB COUNTY
THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA
BY AND FOR
SOUTHERN POLYTECHNIC STATE UNIVERSITY


This Memorandum of Agreement (the “Agreement”) entered into on the day of
________________________, 2014, is by and between Cobb County, a political subdivision of the
State of Georgia (hereinafter referred to as "Cobb County") and The Board of Regents of the
University System of Georgia, by and on behalf of Southern Polytechnic State University, a unit of
the University System of Georgia (hereinafter referred to as “SPSU”); with its principal place of
business located at 1100 South Marietta Pkwy Marietta, GA 30060.


W I T N E S S E T H:

WHEREAS, Cobb County has been awarded Section 5307 grant funding by the Federal
Transit Administration to be used for transit capital, operations or planning projects.

WHEREAS, Cobb County desires to use a portion of its grant funding for transit planning
for the evaluation of a proposed Cobb Community Transit (CCT) route, (“hereinafter referred to as
the CCT Route 10X”) targeted to address the unmet need for reliable transportation alternatives in
the US41/I-75 corridors in Cobb County and downtown/midtown Atlanta. The route will be
targeted to serve students attending school and related activities, university employees and the
general public who live, work or shop in these corridors.

WHEREAS, the CCT Route 10X is a conceptual project identified in the MU2 LCI Study,
led by the City of Marietta. The route is envisioned to provide more direct and faster service
between downtown Atlanta and Kennesaw State University (KSU), including connections to
Georgia State University, Savannah School of Art and Design, SPSU, Life University (Life U) and
other destinations. The Route 10X will supplement the CCT local route 10, which has the highest
ridership in the CCT system and is one of the highest ridership transit routes in the southeast.

WHEREAS, SPSU and Life U were actively engaged partners in the Marietta University
Enhancement District (MU2) Livable Centers Initiative Study which was adopted by the Marietta
Mayor and City Council on July 10, 2013. Recognizing the need to improve transportation options
for students and staff as identified in the study, SPSU and Life U desire to participate equally
(50/50) in the local share required to match the federal transit planning study funding allocated by
the County.

WHEREAS, SPSU will materially benefit from the CCT Route 10X.

WHEREAS, Cobb County desires to collaborate with other vested parties to jointly manage
the development of the CCT Route 10X Transit Planning Study, which is anticipated to take
approximately 6 to 9 months to complete;
Page 74 of 225
2


WHEREAS, the Atlanta Regional Commission (ARC) has awarded Cobb County a grant to
fund the estimated operating costs of the CCT Route 10X service for 3 years. The funding, which
consists of 80 percent Congestion Mitigation and Air Quality (CMAQ) funds ($1,600,000.00),
requires a local match of 20 percent. This Agreement pertains only to the CCT Route 10X Planning
Study and does not obligate parties to the Agreement for any capital or operating costs should the
CCT Route 10X be implemented.

WHEREAS, Cobb County will lead the effort to competitively secure the services of a
professional consultant or team of consultants (the “Consultant”) with expertise in transit planning,
systems engineering, transit technology, community engagement and other disciplines necessary to
conduct the CCT Route 10X Planning Study;

NOW THEREFORE, for and in consideration of the premises and the mutual covenants
herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties do
hereby agree to the following terms and conditions: SPSU, being desirous of participating in the
CCT Route 10X Planning Study, agrees to fund 50 percent of the local match required to secure
federal funds, not to exceed $12,500.00. SPSU shall provide such payment to Cobb County
(payable to Cobb County, Georgia) within 30 days of receipt of invoice.

1. SPSU understands that a Project Steering Committee will be formed to make policy
decisions regarding the CCT Route 10X Planning Study. The Project Steering Committee
will be made up of representatives from Cobb County, the City of Marietta, SPSU, KSU,
ARC, and other interested and affected planning partners. SPSU agrees to designate a
representative to serve on the Project Steering Committee.

2. SPSU also agrees to provide a representative(s) who will participate on any technical and
advisory committees established and will provide data and access to information to Cobb
County’s Consultant to enable the CCT Route 10X Planning Study to be accurately
completed.

3. SPSU will provide a point of contact for all purposes set forth in this Agreement. SPSU
also agrees to participate in public meetings if requested by Cobb County.

4. SPSU will have the opportunity to review and comment on correspondence and documents
prepared by Cobb County’s Consultant and will have the opportunity to review and
comment on reports, documents, plans, designs, or other materials delivered by any Cobb
County Consultant performing work related to this Agreement. At the conclusion of the
CCT Route 10X Planning Study, SPSU will be provided with appropriate deliverables and
other documentation that is the product of the Study.

5. This Agreement constitutes the entire agreement between the parties and there are no
other agreements or understandings, verbal or written, not herein expressed. This
Agreement contains terms that are contractual and not a mere recital.

6. This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Georgia. Any action to interpret or enforce this Agreement shall be brought in a
Page 75 of 225
3

court of competent jurisdiction located in Cobb County, Georgia, after the parties have in
good faith attempted to resolve such issues amicably.

7. The term of this Agreement shall be for twenty four (24) months effective on the date this
Agreement is executed by Cobb County or upon receipt by SPSU of the deliverables
from the Consultant, whichever occurs first. The monetary obligations of SPSU set forth
in this Agreement shall survive the term or termination of this Agreement

8. Should either party default in its obligations under this agreement, the non-defaulting party
shall have available to it all remedies in law or equity.

9. If either SPSU or Life U elects not to execute this agreement or pay it’s agreed upon 50%
share, then Cobb County may at its sole discretion, elect not to proceed with the CCT
Route 10X study.

IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals
the day and year first written above. This Agreement may be executed in counterparts and each
counterpart shall constitute but one original.


COBB COUNTY, GEORGIA Sworn to and subscribed before me
this ___ day of ____________, 2014

By: ______________________________ _____________________________
Timothy D. Lee, Chairman Notary Public
Cobb County Board of Commissioners My Commission Expires:_________

(County Seal)


Southern Polytechnic State University Sworn to and subscribed before me
this ___ day of ____________, 2014

By: ______________________________ _____________________________

Michael Foxman Notary Public
Vice President for Business & Finance My Commission Expires:_________

Approved as to Form:

By: _________________________
County Attorney’s Office
Page 76 of 225
1

MEMORANDUM OF AGREEMENT
BETWEEN
COBB COUNTY
AND
LIFE UNIVERSITY


This Memorandum of Agreement (the “Agreement”) entered into on the day of
________________________, 2014, is by and between Cobb County, a political subdivision of the
State of Georgia (hereinafter referred to as "Cobb County") and Life University (hereinafter referred
to as “Life U”); a private corporation and instrumentality of the State with its principal place of
business located at 1269 Barclay Cir, Marietta, GA 30060.

W I T N E S S E T H:

WHEREAS, Cobb County has been awarded Section 5307 grant funding by the Federal
Transit Administration to be used for transit capital, operations or planning projects.

WHEREAS, Cobb County desires to use a portion of its grant funding for transit planning
for the evaluation of a proposed Cobb Community Transit (CCT) route, (“hereinafter referred to as
the CCT Route 10X”) targeted to address the unmet need for reliable transportation alternatives in
the US41/I-75 corridors in Cobb County and downtown/midtown Atlanta. The route will be
targeted to serve students attending school and related activities, university employees and the
general public who live, work or shop in these corridors.

WHEREAS, the CCT Route 10X is a conceptual project identified in the MU2 LCI Study,
led by the City of Marietta. The route is envisioned to provide more direct and faster service
between downtown Atlanta and Kennesaw State University (KSU), including connections to
Georgia State University, Savannah School of Art and Design, Life University, SPSU and other
destinations. The Route 10X will supplement the CCT local route 10, which has the highest
ridership in the CCT system and is one of the highest ridership transit routes in the southeast.

WHEREAS, Life U and SPSU were actively engaged partners in the Marietta University
Enhancement District (MU2) Livable Centers Initiative Study which was adopted by the Marietta
Mayor and City Council on July 10, 2013. Recognizing the need to improve transportation options
for students and staff as identified in the study, Life University and SPSU desire to participate
equally (50/50) in the local share required to match the federal transit planning study funding
allocated by the County.

WHEREAS, SPSU and Life U. will materially benefit from the CCT Route 10X.

WHEREAS, Cobb County desires to collaborate with other vested parties to jointly manage
the development of the CCT Route 10X Transit Planning Study, which is anticipated to take
approximately 6 to 9 months to complete;


Page 77 of 225
2

WHEREAS, the Atlanta Regional Commission (ARC) has awarded Cobb County a grant to
fund the estimated operating costs of the CCT Route 10X service for 3 years. The funding, which
consists of 80 percent Congestion Mitigation and Air Quality (CMAQ) funds ($1,600,000.00),
requires a local match of 20 percent. This Agreement pertains only to the CCT Route 10X Planning
Study and does not obligate parties to the Agreement for any capital or operating costs should the
CCT Route 10X be implemented.

WHEREAS, Cobb County will lead the effort to competitively secure the services of a
professional consultant or team of consultants (the “Consultant”) with expertise in transit planning,
systems engineering, transit technology, community engagement and other disciplines necessary to
conduct the CCT Route 10X Planning Study; this agreement only addresses the planning grant and
does not obligate any on the parties for capital and or operating cost should the route be
implemented

NOW THEREFORE, for and in consideration of the premises and the mutual covenants
herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties do
hereby agree to the following terms and conditions: Life U, being desirous of participating in the
CCT Route 10X Planning Study, agrees to fund 50 percent of the local match required to secure
federal funds, not to exceed $12,500.00. Life U shall provide such payment to Cobb County
(payable to Cobb County, Georgia) within 30 days of execution of this Agreement.

1. Life U. understands that a Project Steering Committee will be formed to make policy
decisions regarding the CCT Route 10X Planning Study. The Project Steering Committee
will be made up of representatives from Cobb County, the City of Marietta, SPSU, KSU,
ARC, and other interested and affected planning partners. Life U agrees to designate a
representative to serve on the Project Steering Committee.

2. Life U. also agrees to provide a representative(s) who will participate on any technical
and advisory committees established and will provide data and access to information to
Cobb County’s Consultant to enable the CCT Route 10X Planning Study to be accurately
completed.

3. Life U. will provide a point of contact for all purposes set forth in this Agreement. Life
U also agrees to participate in public meetings if requested by Cobb County.

4. Life U. will have the opportunity to review and comment on correspondence and
documents prepared by Cobb County’s Consultant and will have the opportunity to review
and comment on reports, documents, plans, designs, or other materials delivered by any
Cobb County Consultant performing work related to this Agreement. At the conclusion of
the CCT Route 10X Planning Study, Life U will be provided with appropriate deliverables
and other documentation that is the product of the Study.

5. This Agreement constitutes the entire agreement between the parties and there are no
other agreements or understandings, verbal or written, not herein expressed. This
Agreement contains terms that are contractual and not a mere recital.

Page 78 of 225
3

6. This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Georgia. Any action to interpret or enforce this Agreement shall be brought in a
court of competent jurisdiction located in Cobb County, Georgia, after the parties have in
good faith attempted to resolve such issues amicably.

7. The term of this Agreement shall be for twenty four (24) months effective on the date this
Agreement is executed by Cobb County or upon receipt by Life U of the deliverables
from the Consultant, whichever occurs first. The monetary obligations of Life U. set
forth in this Agreement shall survive the term or termination of this Agreement

8. Should either party default in its obligations under this agreement, the non-defaulting party
shall have available to it all remedies in law or equity.

9. If either SPSU or Life U elects not to execute this agreement or pay it’s agreed upon 50
percent share, then Cobb County may at its sole discretion, elect not to proceed with the
CCT Route 10X study.

IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals
the day and year first written above. This Agreement may be executed in counterparts and each
counterpart shall constitute but one original.


COBB COUNTY, GEORGIA Sworn to and subscribed before me
this ___ day of ____________, 2014

By: ______________________________ _____________________________
Timothy D. Lee, Chairman Notary Public
Cobb County Board of Commissioners My Commission Expires:_________

(County Seal)

Life University Sworn to and subscribed before me
this ___ day of ____________, 2014

By: ______________________________ _____________________________

William D. Jarr Notary Public
Executive Vice President – Finance My Commission Expires:_________

Approved as to Form:

By: _________________________
County Attorney’s Office

Page 79 of 225
Cobb County Senior Services
Jessica Gill, Director
P.O. Box 649
Marietta, Georgia 30061-0649
(770) 528-5355 / fax: (770) 528-5378

TO: David Hankerson, County Manager

FROM: Jessica Gill, Director

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


DATE: May 27, 2014


PURPOSE

To authorize a transfer of a previously approved grant for Senior Services, within the
Community Services Block Grant fund, to the Cobb Senior Services budget in the General
Fund.

BACKGROUND

Senior Services has been awarded a total of $19,823.98 in FY 2014 Community Services Block
Grant (CSBG) funds in two separate Board actions. The Board of Commissioners approved
$13,196.00 on February 11, 2014 and an additional $6,627.98 on April 8, 2014 in FY2014
CSBG funds. These grant funds are used by Cobb Senior Services to assist in the payment
of utilities, food, prescriptions, rent, and health care on an emergency basis for eligible low-
income seniors aged 55 years and older. This is the third year that Cobb Senior Services has
received CSBG funds for emergency assistance for seniors. CSBG is a reimbursable grant. This
grant is currently managed by the Community Development Block Grant (CDBG) Program
Office.

Cobb Senior Services will establish a revenue and expenditure budget for this grant, within their
departmental budget. After grant-eligible expenses have been paid by Cobb Senior Services in
their departmental budget, then staff will submit requests for reimbursement to the CDBG
Program Office. After the reimbursement requests have been approved, Cobb County Finance
will journal entry the reimbursement revenues to the Cobb Senior Services departmental
budget.





Comm. Dist.

All
Agenda Item Number. 14
Page 80 of 225




Consequently, in an effort to improve department transparency, it is recommended by the
Finance Department that Cobb Senior Services accurately represent the revenue and
expenditures associated with this grant within the budget as is done for all other grant funding
received.

IMPACT STATEMENT

The Georgia Department of Human Services provides 100% of the funding for eligible CSBG
projects. No matching funds are required from the County General Fund. There is no guarantee
regarding future funding.

FUNDING

Funding is available with a transfer from Community Services Block Grant (CSBG) to Senior
Services in the General Fund.


Transfer from: 220-310-C14E-6574 (CSBG Senior Services) $19,823.98
Transfer to: 220-310-C14E-6594 (Transfers Out) $19,823.98
Increase Revenue: 010-300-0070-4960 (Transfer In) $19,823.98
Increase Expenditure:
010-300-0070-6601 (Senior Services
Emergency Assistance)
$19,823.98

RECOMMENDATION

The Board of Commissioners authorize a transfer of previously approved Community Services
Block Grant (CSBG) funds, in the amount of $19,823.98, to the Senior Services operating
budget in the General Fund; authorize the corresponding budget transactions; and further
authorize the Chairman to execute the necessary documents.
Agenda Item Number. 14
Page 81 of 225
Cobb County
Property Management Department
John A. Reida, Director
1150 Powder Springs Street
Suite 200
Marietta, Georgia 30064
(770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

FROM:
John A. Reida, Director of Propery Management
Randy Crider, Fire Chief
Sam Heaton, Public Safety Agency Director
Willie A. Hopkins, Jr., Director of Support Services

This item has been electronically signed by:
John A. Reida, Director
Randy Crider, Fire Chief
Sam Heaton, Director of Public Safety
Willie A. Hopkins, Jr., Director of Support Services


DATE: May 27, 2014


PURPOSE

To approve a contract with Garland/Design Build Solutions, Inc., for replacement of the roof at
the Public Safety 911 facility and authorize the project funding.

BACKGROUND

The Public Safety 911 facility has had numerous roof leaks that have recently become
severe. An assessment determined that there is considerable saturation of the roof insulation. A
contractor removed as much of this as possible and patched the roof. We continue to have issues
with leaks due to the partial saturation of the roof insulation and continued deterioration of the
roof.

We propose removal of the existing roof systems down to the structural metal decking and
proper disposal of the related debris. The complete roofing and insulation systems will be
replaced with more energy efficient insulation and roofing material and the contractor will
provide a 30 year roofing bond.

We received a price of $200,000.00 from Garland/Design Build Solutions, Inc., utilizing the
U.S. Communities Purchasing Agreement, of which Garland/Design Build Solutions, Inc., is an
authorized vendor. This employs a process that bids unit pricing on an annual basis and makes
such pricing available to local government. We also request a $25,000.00 contingency be
established for unforeseen conditions.
Comm. Dist.

All
Agenda Item Number. 15
Page 82 of 225







This facility houses several Cobb County departments in addition to the Cobb E911 Center. The
Police and Fire Departments as well as the Cobb Emergency Management Agency have staff
operating there. As a consequence, the $225,000.00 funding and cost will be split between the
three operating funds in proportion to their usage of the facility as follows:

Garland/Design Build Solutions, Inc. $200,000.00
Contingency $25,000.00
Total $225,000.00
E911 Fund 33% $ 74,250.00
General Fund (GF) 65% $146,250.00
Fire Fund 2% $ 4,500.00

FUNDING

Funding is available with the fund balance appropriations in the three participating funds (E911,
General, and Fire Funds) and then the interfund transfers from these funds to the Roofing
Replacements project in the Capital Projects Fund as follows:

Increase E911 revenue: 260-130-0200-4980 (Fund Balance appr.) $ 74,250.00
Increase E911 expenditure: 260-130-0200-6594 (Transfers out) $ 74,250.00

Increase GF revenue: 010-014-0140-4980 (Fund Balance appr.) $146,250.00
Increase GF expenditure: 010-014-0140-6594 (Transfers out) $146,250.00

Increase Fire revenue: 230-130-1000-4980 (Fund Balance appr.) $ 4,500.00
Increase Fire expenditure: 230-130-1000-6594 (Transfers out) $ 4,500.00

Increase revenue: 380-450-4567-4960 (Transfer in) $225,000.00
Increase expenditure: 380-450-4567-8111 (Roof installations) $200,000.00
Increase expenditure: 380-450-4567-8810 (Contingency) $ 25,000.00

RECOMMENDATION

The Board of Commissioners approve a contract with Garland/Design Build Solutions, Inc., in
an amount not to exceed $200,000.00, for the replacement of the roof at the Public Safety 911
facility, located at 140 North Marietta Parkway; authorize a $25,000.00 contingency; authorize
the corresponding budget transactions; and further authorize the Chairman to execute the
necessary documents.
Agenda Item Number. 15
Page 83 of 225
Cobb County
Property Management Department
John A. Reida, Director
1150 Powder Springs Street
Suite 200
Marietta, Georgia 30064
(770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

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

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


DATE: May 27, 2014


PURPOSE

To approve a lease with the Community Services Board for a new facility, approve a
design/build contract with Batson-Cook Company for construction of the facility, and authorize
a construction contingency.

BACKGROUND

Cobb County has been working with the Community Service Board for the purpose of the
County funding and constructing a facility and leasing it to the Community Service Board. The
building will be located at 1775 County Services Parkway.

The initial lease term is 20 years with two five year renewal terms given a 180 day notice of
renewal. The initial rent payable under the lease shall be in an amount sufficient to reimburse
the County for (a) the costs to issue, and the debt service to retire, the bonds issued in
connection with this project and any costs above such bond amount incurred by the County to
construct the facility, both amortized over the 20-year initial term; and (b) the cost incurred by
the county to maintain and repair the premises, initially estimated to be $29,195.00 per year.
The rental amount will be adjusted thereafter in the event the county’s annual maintenance costs
increase during the lease term over $29,195.00 per year. The parties will enter into an
amendment to the lease following completion of construction establishing the amount of initial
rent payable by the tenant. The rent payable during any renewal terms will be negotiated by the
parties no later than one year prior to expiration of the initial term or then renewal term. The
County will make all repairs to the premises and the tenant will pay all utilities under the lease.
The term of the proposed lease will commence the earlier of the first day tenant occupies the
new building or ten days following the date of issuance of a certificate of occupancy, projected
to be April 1, 2015.
Comm. Dist.

All
Agenda Item Number. 16
Page 84 of 225

The RFQ was advertised in the Marietta Daily Journal on March 14
th
, 21
st
, and 28
th
, also on
April 4
th
, 2014, 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 April 10, 2014, with the following ten firms responding:

Albion Scaccia Enterprises, LLC, and CDH Partners Inc.
Batson – Cook Company and Pieper O’Brien Herr Architects
Brasfield & Gorrie General Contractors and Pieper O’Brien Herr Architects
Hogan Construction Group, LLC, and Pieper O’Brien Herr Architects
McCarthy Building Companies, Inc., and Pieper O’Brien Herr Architects
Moss and Associates and Croft and Associates
Parrish Construction Group, Inc., and Smallwood, Reynolds, Stewart, and Stewart Architects
Turner Corporation and Pieper O’Brien Herr Architects
Winter Construction and Pieper O’Brien Herr Architects
YLH Construction and Pieper O’Brien Herr Architects

The following selection committee was approved for this project: Bill Thomas (Purchasing
Department), John Morey (DOT), Shannon Rippy (CSB), Allen Kronenberger (Property
Management), and Chris Sobieski (Public Safety) based on their understanding of the project,
proposed staffing and approach, availability, and financial stability. Advising the Selection
Committee were Pat Riley (County Attorney’s Office) and Jim Pehrson (Finance).

The selection committee has recommended Batson-Cook Company for a guaranteed maximum
contract amount not to exceed $5,800,000.00 for the design and construction of the facility. We
also request the Board establish a project contingency for unforeseen conditions in the amount
of $200,000.00. The committee also reviewed the cost of LEED documentation and
certification and found it not to be cost effective for this project. However, LEED concepts and
materials will be utilized as much as possible.

Contract Amount $5,800,000.00
Contingency $ 200,000.00
Total $6,000,000.00

FUNDING

Funding for the design, construction and contingency is available with the appropriation of the
CSB Loan Proceeds into the capital project in the Capital Projects Fund as follows:


Starting in FY 2015, future recommended annual budgets will include appropriations of CSB lease
proceeds revenue and the expenditures for repayment of the CSB loan. These annual lease
proceeds revenue from CSB to the County will be appropriated and received in the General Fund
(GF) and this will be used to fund the annual CSB loan principal and interest repayments by way of
an interfund transfer from the General Fund as follows:


Increase revenue: 380-110-4494-4902 (GA CSB-Loan Proceeds) $6,000,000.00
Increase expenditure: 380-110-4494-8005 (GA CSB-Design & Constr.) $5,800,000.00
Increase expenditure: 380-110-4494-8810 (GA CSB-Contingency) $200,000.00
Increase revenue: 010-014-0140-4870 (GF Lease Proceeds from CSB)
Increase expenditure: 010-014-0140-6594 (GF Transfers Out to Capital Project)
Agenda Item Number. 16
Page 85 of 225
Within the capital project, funding for the future repayment of CSB loan principal and interest is
available with the annual appropriations of the interfund transfers from the General Fund to the
capital project in the Capital Projects Fund as follows:

Increase revenue: 380-110-4494-4960 (GF transfers in)
Increase expenditure: 380-110-4494-6930 (Loan Principal Payment)
Increase expenditure: 380-110-4494-6931 (Loan Interest Payment)

RECOMMENDATION

The Board of Commissioners approve a 20 year lease with an option of two additional five-
year extended terms for the Community Services Board for a new facility; approve a
design/build contract with Batson-Cook Company for construction of the facility at 1775
County Services Parkway, in an amount not to exceed $5,800,000.00; authorize a project
contingency, in the amount of $200,000.00; authorize the corresponding budget transactions;
and further authorize the Chairman to execute the necessary documents.



ATTACHMENT:

Lease provided under separate cover.
Agenda Item Number. 16
Page 86 of 225
Cobb County
Property Management Department
John A. Reida, Director
1150 Powder Springs Street
Suite 200
Marietta, Georgia 30064
(770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

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

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


DATE: May 27, 2014


PURPOSE

To approve two modified leases with the State of Georgia Properties Commission on behalf of
the Georgia Department of Drivers Services for two building sites, approve a design/build
contract with Choate Construction Company for construction of both facilities, and authorize a
project contingency.

BACKGROUND

On November 12, 2013, the Board of Commissioners approved entering into two leases with the
State Properties Commission on behalf of the Department of Drivers Services for the
construction and lease of two new facilities to be located at 3740 Highway 293, Kennesaw, and
1605 County Services Pkwy, Marietta. The leases were not executed pending a determination of
the costs to the County to construct those facilities and other issues. The leases must now be
modified based upon the determination of such construction costs and resolution of issues.
Additionally, $50,000.00 funding for soil testing and preparation of baseline design documents
was approved for these two sites. Also at that time, the Board authorized the issuance of a
Request for Proposals (RFP) from interested design/build firms.

The terms of the modified leases shall be twenty years, without renewal options. The rent
amount payable for the initial five years of the lease term shall be $100,000.00 per year. The
rent amount shall be increased for each of the following five year periods by two and one
quarter percent above the rent payable during the preceding five year period. The total rental
amount paid over the term of the lease will reimburse the County for the costs to construct the
new facilities and to maintain them. The County shall be responsible for all maintenance and
repair of the facilities during the lease terms. In all other respects the leases shall remain the
same as approved by the Board on November 12, 2013.
Comm. Dist.

All
Agenda Item Number. 17
Page 87 of 225

The RFQ was advertised in the Marietta Daily Journal on January 31st and on February 7th,
14th, and 21st, 2014, 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 27th, 2014, with the following five firms
responding:

Albion Scaccia Enterprises, LLC, and Clark Patterson Lee Design Professionals
Choate Construction Company and Warner Summers Ditzel Benefield Ward & Associates, Inc.
Hogan Construction Group, LLC, and Lyman Davidson Dooley, Inc.
Lusk & Company, Inc., and Sizemore Group
YLH Construction Company and Pieper O’Brien Herr Architects

The following selection committee was approved for this project: Bill Thomas (Purchasing
Department), John Morey (DOT), Tom Bills (Parks and Recreation), Allen Kronenberger
(Property Management), and Lee McClead (Community Development). The committee
reviewed the team’s qualifications, conducted interviews with certain firms, and rank ordered
the top firms in order of most qualified based on their understanding of the project, proposed
staffing and approach, availability, and financial stability. Advising the Selection Committee
were Pat Riley (County Attorney’s Office) and Jim Pehrson (Finance).

The selection committee has recommended the Choate Construction Team for a Guaranteed
Maximum Contract amount not to exceed $3,400,000.00 for the design and construction of both
drivers’ license facilities. The committee also reviewed the cost of LEED documentation and
certification and found it not to be cost effective for this project. However, LEED concepts and
materials will be utilized as much as possible.
We also request that the Board establish a project contingency for unforeseen conditions in the
amount of $50,000.00.

Contract Amount $3,400,000.00
Soil Testing (previously approved) $ 50,000.00
Contingency $ 50,000.00
Total $3,500,000.00

FUNDING

Funding for the design, construction and contingency is available with the interfund transfer from
the General Fund (GF) Reserves Contingency to the capital project in the Capital Projects Fund as
follows:







Transfer from: 010-015-0145-8852 (GF Reserves Contingency) $3,450,000.00
Transfer to: 010-014-0140-6594 (GF Transfers out) $3,450,000.00

Increase revenue: 380-110-4493-4960 (Transfers in from GF) $3,450,000.00
Increase expenditure: 380-110-4493-8005 (GA DDS-Design & Constr.) $3,400,000.00
Increase expenditure: 380-110-4493-8810 (GA DDS-Contingency) $ 50,000.00
Agenda Item Number. 17
Page 88 of 225




RECOMMENDATION

The Board of Commissioners approve two modified leases without renewal options with the
State of Georgia Properties Commission on behalf of the Georgia Department of Drivers
Services for two building sites located at 3740 Highway 293, Kennesaw, and 1605 County
Services Parkway, Marietta; approve a design/build contract with Choate Construction
Company for construction of both facilities, in an amount not to exceed $3,400,000.00;
authorize a project contingency, in the amount of $50,000.00; authorize the corresponding
budget transactions; and further authorize the Chairman to execute the necessary documents.


ATTACHMENT:
Leases provided under separate cover.
Agenda Item Number. 17
Page 89 of 225
Cobb County
Property Management Department
John A. Reida, Director
1150 Powder Springs Street
Suite 200
Marietta, Georgia 30064
(770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

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

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


DATE: May 27, 2014


PURPOSE

To approve a modified lease with the State Properties Commission for property located at 277
Fairground Street for use by the State of Georgia Department of Family and Children Services.

BACKGROUND

On February 11, 2014, the Board of Commissioners approved entering into a lease with the
State Properties Commission for property located at 277 Fairground Street for use by the State
of Georgia Department of Family and Children Services. The lease was not executed pending
resolution of issues concerning the responsibility and costs associated with the repair and
maintenance of the leased premises. Those issues have been resolved by the parties and the
lease modified.
The terms of the modified lease shall provide that the County will perform all repairs and
maintenance to the premises. County will also repair any damages caused to the premises by the
tenant, at the tenant’s expense. The rent amount payable for the initial five years of the lease
term shall be $132,543.00 per year. The rent amount shall be increased for the second five year
period and balance of the term to $135,525.00, to cover the repair costs incurred by the County.
The total rental amount paid over the term of the lease will reimburse the County for the costs to
renovate the leased premises and to maintain them. In all other respects the terms of the lease
are the same as approved by the Board on February 11, 2014.




Comm. Dist.

All
Agenda Item Number. 18
Page 90 of 225


FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve a modified lease with the State Properties Commission for
property located at 277 Fairground Street for the State of Georgia Department Family and Children
Services, at a rental amount of $132,543.00 for the first five years of the term and $135,525.00
for the remainder of the lease term, with the County to make all repairs to the leased premises;
authorize the corresponding budget transactions; and further authorize the Chairman to execute
the lease and necessary documents.


ATTACHMENT

Lease provided under separate cover
Agenda Item Number. 18
Page 91 of 225
Cobb County
Property Management Department
John A. Reida, Director
1150 Powder Springs Street
Suite 200
Marietta, Georgia 30064
(770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

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

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


DATE: May 27, 2014


PURPOSE

To approve a contract with Garland/Design Build Solutions, Inc., for the restoration of the roof
at the Juvenile Court facility and authorize associated project funding.

BACKGROUND

The Juvenile Court Building, located at 32 Waddell Street, Marietta, has had numerous roof
leaks that have recently become severe. An assessment determined that there is considerable
saturation of the roof insulation. A contractor removed as much of this as possible and patched
the roof. We continue to have issues with leaks due to the partial saturation of the roof
insulation and continued deterioration of the roof.

It was determined that in order to properly handle the roofing issues, all roofing surfaces would
be addressed to achieve leak-free conditions. All wet insulation will be removed and replaced
with more energy efficient insulation and roofing materials. The entire roof surface will then be
restored to new condition and the contractor will provide a 15 year roofing bond.

We received a price of $275,000.00 from Garland/Design Build Solutions, Inc., utilizing the
U.S. Communities Purchasing Agreement, of which Garland/Design Build Solutions, Inc., is an
authorized vendor. This employs a process that bids unit pricing on an annual basis and makes
such pricing available to local government. We also request a $25,000.00 contingency be
established for unforeseen conditions.

Garland/Design Build Solutions $275,000.00
Contingency $ 25,000.00
Total $300,000.00
Comm. Dist.

All
Agenda Item Number. 19
Page 92 of 225

FUNDING

Funding is available with a fund balance appropriation in the General Fund and then an
interfund transfer to the Roofing Replacements project in the Capital Projects Fund as follows:


Increase revenue: 010-014-0140-4980 (Fund Balance appr.) $300,000.00
Increase expenditure: 010-014-0140-6594 (Transfers out) $300,000.00
Increase revenue: 380-450-4567-4960 (Transfer in) $300,000.00
Increase expenditure: 380-450-4567-8111 (Roof installations) $275,000.00
Increase expenditure: 380-450-4567-8810 (Contingency) $ 25,000.00

RECOMMENDATION

The Board of Commissioners approve a contract with Garland/Design Build Solutions, Inc., in
an amount not to exceed $275,000.00, for the restoration of the roof at the Juvenile Court
facility, located at 32 Waddell Street; authorize a $25,000.00 contingency; authorize the
corresponding budget transactions; and further authorize the Chairman to execute the necessary
documents.
Agenda Item Number. 19
Page 93 of 225
Cobb County
Property Management Department
John A. Reida, Director
1150 Powder Springs Street
Suite 200
Marietta, Georgia 30064
(770) 528-2100 / fax: (770) 528-2148

TO: David Hankerson, County Manager

FROM:
John A. Reida, Director of Property Management
Randy Crider, Fire Chief
Sam Heaton, Public Safety Agency Director
Willie A. Hopkins, Jr., Director of Support Services

This item has been electronically signed by:
John A. Reida, Director
Randy Crider, Fire Chief
Sam Heaton, Director of Public Safety
Willie A. Hopkins, Jr., Director of Support Services


DATE: May 27, 2014


PURPOSE

To authorize funding for the replacement of the emergency generator at the South Cobb
Government Service Center.

BACKGROUND

The generator located at South Cobb Government Service Center backs up key components for
both the Fire and Police departments operating at this facility. The unit is currently inoperative
and there are numerous problems due to the age of the unit. Property Management, Fleet
Management and Public Safety agree that the generator should be replaced with an updated unit.
We also request that a $3,000.00 contingency be established for unforeseen conditions.







Estimated replacement cost:
Generator $28,000.00
Contingency $ 3,000.00
Total $31,000.00
Comm. Dist.

All
Agenda Item Number. 20
Page 94 of 225



FUNDING

The funding and cost will be split 50/50 between General Fund (GF) and Fire Fund because the
facility houses a Fire Station in addition to the GF departments. Funding is available with a fund
balance appropriation in the General Fund and in the Fire Fund and an expenditure
appropriation in both the Property Management’s FY 2014 capital and contingency budget in
the GF, and in the Fire Department’s FY 2014 capital and contingency budget in the Fire Fund
as follows:


Increase GF revenue: 010-014-0140-4980 (Fund Balance appr.) $15,500.00
Increase GF expenditure: 010-110-3640-8490 (Emergency Generator) $14,000.00
Increase GF expenditure: 010-110-3640-8810 (Contingency) $ 1,500.00
Increase Fire revenue: 230-130-1000-4980 (Fund Balance appr.) $15,500.00
Increase Fire expenditure: 230-130-1000-8490 (Emergency Generator) $14,000.00
Increase Fire expenditure: 230-130-1000-8810 (Contingency) $ 1,500.00

RECOMMENDATION

To authorize funding, in an amount not to exceed $31,000.00, for replacement of the emergency
generator at the South Cobb Government Service Center, located at 4700 Austell Road,
including a $3,000.00 contingency; and further authorize the corresponding budget transactions.
Agenda Item Number. 20
Page 95 of 225
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

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


DATE: May 27, 2014


PURPOSE

To authorize the application for and acceptance of the FY13 Homeland Security Grant Program
funds passed through the Georgia Emergency Management Agency to the Cobb County Police
Department Bomb Team/CBRNE (Chemical, Biological, Radiological, Nuclear and Explosive)
program.

BACKGROUND

The Georgia Emergency Management Agency (GEMA) has made notification of a FY13 grant
award to the Cobb County Police Department Bomb Team/CBRNE program in the amount of
$8,000 to enhance capabilities to prevent, protect against, respond to, and recover from terrorist
attacks, major disasters and other emergencies in accordance with the goals and objectives of
the State Strategic Plan.
This award is specifically designated for the purchase of sealing tape and five different
specialized narcotics and explosive field testing kits.

IMPACT STATEMENT

There is no local match requirement.






Comm. Dist.
All
Agenda Item Number. 21
Page 96 of 225


FUNDING

Funding is available in the grant fund with the following budget appropriations:

Increase revenue: 270-130-GR52-4493 (GEMA) $8,000.00
Increase
expenditures:
270-130-GR52-6204 (Other Supplies) $1,600.00
Increase
expenditures:
270-130-GR52-6258
(Accountable
Equipment)
$6,400.00

RECOMMENDATION

The Board of Commissioners authorize the application for and acceptance of grant funds, in the
amount of $8,000.00, from the FY13 Department of Homeland Security Grant Program passed
through the Georgia Emergency Management Agency to the Cobb County Police Department
Bomb Team/CBRNE (Chemical, Biological, Radiological, Nuclear and Explosive) program;
authorize the corresponding budget transactions; and further authorize the Chairman to execute
the necessary documents.

Agenda Item Number. 21
Page 97 of 225
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: May 27, 2014


PURPOSE

To approve amendments to the existing Canton Road Corridor Streetscape and Architectural
Guidelines.

BACKGROUND

In 2008, a coalition of Canton Road residents and businesses developed the Canton Corridor
Streetscape and Architectural Guidelines. The purpose of the design guidelines was to
encourage coordination between the design and implementation of new transportation
investments and new private investments along Canton Road. The Board of Commissioners
amended the Cobb County Development Standards by adding, among other items, the Canton
Corridor Streetscape and Architectural Guidelines.
Given that implementing these standards during a difficult economy can potentially discourage
new investment and given a level of unintended consequences concerning the interpretation of
some of the language contained in the guidelines, staff requested a moratorium on the
requirement for and enforcement of the installation of benches, trash cans, and bicycle racks
along Canton Road on March 26, 2012. On March 20, 2013, the Board of Commissioners
approved an additional year extension of the moratorium to provide time to coordinate with the
Canton Road Redevelopment Foundation, Inc. Through the coordination with the Canton Road
Redevelopment Foundation, Inc, additional tweaks to the guidelines were identified and
included for consideration.

FUNDING

N/A

Comm. Dist.

3
Agenda Item Number. 22
Page 98 of 225


RECOMMENDATION

The Board of Commissioners approve amendments to the existing Canton Road Corridor
Streetscape and Architectural Guidelines.

ATTACHMENT
Canton Road Design Guidelines (2014) provided under separate cover

Agenda Item Number. 22
Page 99 of 225
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: May 27, 2014


PURPOSE

To approve a grant agreement with the Vinings Historic Preservation Society in order to repair
and stabilize the historic Paces House.

BACKGROUND

On January 14, 2014, the Board of Commissioners authorized the Community Development
Agency to request a grant from the Georgia Department of Natural Resources, Historic
Preservation Division through the 2014 Historic Preservation Fund Grant for the purpose of
stabilization and repair of the foundation of the circa 1870 Solomon and Penelopy Pace House
located in Vinings. The Pace House, which is owned by the Vinings Historic Preservation
Society, is one of the few existing historic structures in Vinings and the only structure in the
community that is listed in the National Register of Historic Places. The Pace House, which is
also a locally designated historic property, is the only remaining structure associated with the
Pace family and the former ferry that they operated on the nearby Chattahoochee River.


The HPF Grant funding will allow Vinings Historic Preservation Society to mitigate the
immediate threat to the Solomon and Penelopy Pace House by stabilizing and repairing the
foundation.


Vinings Historic Preservation Society will provide 100% of matching funds for the grant and
presently has the monies available. The Vinings Historic Preservation Society will write the
grant proposal, oversee the project work, and complete all the Historic Preservation Fund grant
reporting requirements in coordination with Cobb County’s Historic Preservation Planner
working on behalf of Cobb County’s Historic Preservation Commission.

Comm. Dist.

2
Agenda Item Number. 23
Page 100 of 225

On March 14, 2014, Cobb County was informed that we had received partial funding for the
grant. The next steps in the grant process are to sign a grant agreement with the State Historic
Preservation Division and consider a sub-grant agreement with the Vinings Historic
Preservation Society regarding their matching contribution to the project.
On April 22, 2014, the Board ofCommissioners accepted the grant and approved the grant
agreement from the Georgia Department of Natural Resources, Historic Preservation Division,
in the total amount of $10,000.00. Because Cobb County is a conduit for money to the Vinings
Historic Preservation Society, an additional grant agreement between Cobb County and the
Vinings entity is necessary.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve a grant agreement with the Vinings Historic Preservation
Society in order to repair and stabilize the historic Paces House,and authorize the Chairman to
execute the necessary documents.


ATTACHMENT:

Grant agreement provided under separate cover


Agenda Item Number. 23
Page 101 of 225
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: May 27, 2014


PURPOSE

To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached
summary of the Appeal Hearing conducted on May 8, 2014 by the License Review Board for
Angela 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 May 8, 2014, the License Review Board conducted an appeal
hearing for Angela 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 May 8, 2014 for
Angela Moreno, and affirm the decision of the License Review Board.

ATTACHMENTS
Summary May 8, 2014 Appeal Hearing
License Review Board Questionnaire
Comm. Dist.

3
Agenda Item Number. 24
Page 102 of 225
Summary of Appeal Hearing before the Cobb County License Review Board for
Angela Moreno, Alcohol Permit while currently working at Longhorn
Steakhouse, located at 2700 Town Center Dr., Kennesaw, GA 30144. On May
8, 2014 the hearing was conducted in the Bid Room, located at 1772 County
Services Parkway, Marietta, GA 30008.

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

Sgt. Bonnie Smith with the Cobb County Police Department’s Regulatory Services and
Permits Unit testified that Angela Moreno truthfully indicated on the alcohol permit
application two felony convictions of controlled substance in 2012 in Cherokee County.

Ms. Moreno stated that she has been sober for eighteen months and that she was a drug
addict and alcohol was never her problem. Ms. Moreno stated that she got clean thru the
Mothers Making a Change Program. Ms. Moreno stated that she is currently a hostess at
Longhorn but she needs to get her alcohol permit so she can make more money and provide
for her seven year old daughter.

Ms. Moreno explained to that she currently cleans tables and removes beer mugs from
tables that still have alcohol in them and she has no temptation to drink alcohol. Ms.
Moreno stated that she has no desire to go back to her former lifestyle. Ms. Moreno stated
that she volunteers at Mothers Making a Change now that she has completed the program
to stay involved and council others as an example. Ms. Moreno explained that she has had a
tough time finding a job with a felony conviction on her record.

Ms. Moreno stated that Longhorn’s food versus alcohol sales are 85% food and 15% alcohol
and they she took the server’s test and passed with a 100%. Ms. Moreno stated that
Longhorn’s alcohol policy is to check the identification of anyone ordering alcohol who
appears to be under the age of thirty-five. Ms. Moreno stated that she would personally
check the identification of anyone ordering an alcoholic beverage.

Ms. Moreno stated that she is still on probation but her probation officer would not provide
her a letter. Ms. Moreno stated that her probation officer verbally told her that serving
alcohol at a workplace would not be a violation of her probation.

Ms. Moreno stated that she was in in-patient treatment at Mothers Making a Change for five
months and in out-patient treatment for seven months and that she is actually grateful that
she was arrested. Ms. Moreno stated that she is now working toward regaining custody of
her daughter and providing for her.

After considering all evidence and testimony presented, and the Online License Review
Board Questionnaire, pursuant to a motion by Jim Pehrson and a second by Larry Walker
the License Review Board recommended approval of the alcohol permit for Angela Moreno.

The License Review Board voted 5-0 in favor of this motion.

Page 103 of 225
VGCSA-Cherokee County January 17, 2012
VGCSA-Cherokee County September 18, 2012
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?
Residential Treatment at Mothers making a change and probation.
I have completed treatment. I have four years left to serve on probation.
5741 Meadowood Dr. Acworth, Ga. 30102. I live with my Mother, Father and daughter
6. How long has it been since the arrest?
8/18/2012
7. How long has it been since the conviction?
9/18/2012
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?
I am a hostess
Work Permit Applicant: MORENO, ANGELA MARIE Permit Number: 141690
FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A
COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT
QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT
Cobb County License Review Board
COBB COUNTY
COMMUNITY DEVELOPMENT AGENCY
P.O. Box 649
Marietta, Georgia 30061-0649
phone: (770) 528-8410
Email: BLRenewal@cobbcounty.org
Sandra S. Richardson
Business License
Division Manager
PAGE: 1 5/16/2014 10:42:01 AM 141690
APHR_ALCH_WKPERMIT_DENIAL
Page 104 of 225
11. What are the policies and procedures of the establishment?
All severs must ID anyone that looks under the age 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 completed treatment at Mothers making a change. I was in-patient treatment for five months and
continued out-patient for seven months. I go to AA/NA meetings. I meet with my sponsor once a
week. I no longer associate with anyone from my past. I keep my self spiritually fit and surrounded
with positive people. I work as much as possible and continue to do the next right thing.
15. Do you have a support mechanism such as family, friends, spouse, children, church, etc?
yes, family, sober network, sponsor, work
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. I am trying to support my
daughter and I financially to have a better future.
19. Why should the LRB grant the permit?
I have completely changed my life around. I have a large support group. I need this permit so that I
can better provide for my daughter and I financially.
20. What evidence can you provide the LRB that you understand State and County law regarding the sale and
service of alcohol?
21. What has the impact been on you and the ones around you due to your criminal actions?
Due to my criminal actions and going through treatment I have learned more about myself and
why I made the choices I made. I now have a better relationship with my family who is my biggest
form of support. I have established a relationship with my daughter. Although it has been a
journey I am a better person today for preserving through it.
PAGE: 2 5/16/2014 10:42:01 AM 141690
APHR_ALCH_WKPERMIT_DENIAL
Page 105 of 225
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: May 27, 2014


PURPOSE

To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached
summary of the Appeal Hearing conducted on May 8, 2014 by the License Review Board for
Cynthia Pierce.

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
May 8, 2014, the License Review Board conducted an appeal hearing for Cynthia Pierce 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. Pierce.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners review the summary of the Appeal Hearing of May 8, 2014 for
Cynthia Pierce, and affirm the decision of the License Review Board.

ATTACHMENTS
Summary May 8, 2014 Appeal Hearing
License Review Board Questionnaire
Comm. Dist.

3
Agenda Item Number. 25
Page 106 of 225
Summary of Appeal Hearing before the Cobb County License Review Board for
Cynthia Pierce, Alcohol Permit while currently working at Bay Breeze, located
at 2418 Canton Rd., Marietta, GA 30066. On May 8, 2014 the hearing was
conducted in the Bid Room, located at 1772 County Services Parkway,
Marietta, GA 30008.

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

Sgt. Bonnie Smith with the Cobb County Police Department’s Regulatory Services and
Permits Unit testified that Cynthia Pierce truthfully indicated on the alcohol permit
application a felony forgery conviction in 2009.

Ms. Pierce stated that she got into a financial bind and rather than ask for help she stole a
check from her uncle and cashed it at a package store and gave the money to her daughter
for diapers and paid a power bill. Ms. Pierce stated that she made a wrong choice when she
should have just asked for help.

Ms. Pierce explained to the License Review Board that she is a waitress and doesn’t have
experience or training in anything else. Ms. Pierce stated that she is a hard working person
who likes to work. Ms. Pierce stated that she does not have an alcohol or drug problem.

Ms. Pierce stated that she has children of her own and she would never serve alcohol to an
underage person. Ms. Pierce stated that she needs this job to help support her family. Ms.
Pierce explained that she recently moved to Powder Springs with her daughter and her three
grandchildren. Ms. Pierce stated that she needs her permit to work and move on with her
life.

Ms. Pierce stated that Bay Breeze’s policy is to check identification when an alcoholic
beverage is ordered. Ms. Pierce stated that has a zero tolerance policy for selling alcohol to
underage people. Ms. Pierce stated that she had never served alcohol before. Ms. Pierce
stated that Bay Breeze will not officially hire until you have obtain an alcohol permit.

After considering all evidence and testimony presented, and the Online License Review
Board Questionnaire, pursuant to a motion by Larry Walker and a second by Eddie Canon
the License Review Board recommended approval of the alcohol permit for Cynthia Pierce.

The License Review Board voted 5-0 in favor of this motion.

Page 107 of 225
forgery
theft of check
1. What was the criminal offense(s) that caused the denial of the alcohol work permit?
2. Were there extenuating circumstances with the offense such as a wreck involved, violence involved, theft,
confrontation with the police, etc.?
3. What type of sentence did you receive?
4. Have you completed the sentence?
5. Where do you live and with whom?
5 years, served 6 months
yes
4383 dugger dr powder springs ga with my mother, sheila cason
6. How long has it been since the arrest?
sept 21, 2009
7. How long has it been since the conviction?
sept 21, 2009
8. Where do you work?
baybreeze canton
9. Is it a bar? Nightclub? Restaurant?
family restaurant
10. What type of position do you have with the establishment?
server
Work Permit Applicant: PIERCE, CYNTHIA
MICHELLE
Permit Number: 142140
FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A
COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT
QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT
Cobb County License Review Board
COBB COUNTY
COMMUNITY DEVELOPMENT AGENCY
P.O. Box 649
Marietta, Georgia 30061-0649
phone: (770) 528-8410
Email: BLRenewal@cobbcounty.org
Sandra S. Richardson
Business License
Division Manager
PAGE: 1 5/16/2014 9:54:42 AM 142140
APHR_ALCH_WKPERMIT_DENIAL
Page 108 of 225
11. What are the policies and procedures of the establishment?
to ensure quality customer service in food industry
12. What type of training does the establishment have for employees?
13. Is this the primary source of income for you?
serving food and beverages
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
change of lifestyle and friends
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 job is to provide for my family, i would not jeopardize that at all. i do not even drink alcohol
and will not violate any laws or ordinances pertaining to alcohol or drugs.
19. Why should the LRB grant the permit?
this job is very important to me and my family, to ensure that my kids and grandkids are spported.
ive always been a server and to obtain this license would allow me to work any restaurant i apply.
20. What evidence can you provide the LRB that you understand State and County law regarding the sale and
service of alcohol?
i will always ask for id when serving and take any classes if necessary
21. What has the impact been on you and the ones around you due to your criminal actions?
i have lost time with my family that i will never get back. i lost my job, house, and went to prison.
a mistake i will never make again.
PAGE: 2 5/16/2014 9:54:42 AM 142140
APHR_ALCH_WKPERMIT_DENIAL
Page 109 of 225
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: May 27, 2014


PURPOSE

To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached summary
of the Appeal Hearing conducted on May 8, 2014 by the License Review Board for Charles Carter.

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 May 8, 2014, the License Review Board conducted an appeal
hearing for Charles Carter 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 denial of the issuance of the alcohol permit for Mr. Carter.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners review the summary of the Appeal Hearing of May 8, 2014 for
Charles Carter, and affirm the decision of the License Review Board.

ATTACHMENTS
Summary May 8, 2014 Appeal Hearing
License Review Board Questionnaire
Comm. Dist.

2
Agenda Item Number. 26
Page 110 of 225
Summary of Appeal Hearing before the Cobb County License Review Board for
Charles Carter, Alcohol Permit while currently working at Ritter’s, located at
4719 Lower Roswell Rd., Suite 210, Marietta, GA 30068. On May 8, 2014 the
hearing was conducted in the Bid Room, located at 1772 County Services
Parkway, Marietta, GA 30008.

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

Sgt. Bonnie Smith with the Cobb County Police Department’s Regulatory Services and
Permits Unit testified that Charles Carter truthfully indicated on the alcohol permit application
that he was convicted of minor in possession and underage DUI on March 20, 2014.

Mr. Carter stated he did get a letter from his probation officer stating that working in an
establishment serving alcohol was not a violation of his probation.

Mr. Carter stated that this conviction was an embarrassment to him and his family. Mr.
Carter explained that he went to a party in Bartow County with some friends and got drunk
and attempted to drive home. Mr. Carter stated that he was pulled over and arrested. Mr.
Carter stated that he spent three days in jail and lost his job. Mr. Carter stated that when
he was convicted he was sentenced to probation and forty hours of community service. Mr.
Carter stated that he also lost his driver’s license due to this conviction.

Mr. Carter stated that he walks three hours to and from work daily and that he has two jobs.
Mr. Carter explained that he owes his parents $3,000.00 and he has to have it paid by
September. Mr. Carter stated that he is able to work a lot because he doesn’t have to report
to school daily because he has all of his credits and he is just waiting to graduate high
school.

Mr. Carter stated that he has since cut all ties with the friends that he went to the party
with. Mr. Carter explained that his friend’s family were friends of his family and that this had
been a very tough situation and that the families have completely cut ties.

Mr. Carter stated that he literally broke down when he realized what it would have done to
his mom had he been killed that night.

The License Review Board members expressed their concerns of the conviction being so
recent. Mr. Carter told the members of the board that he couldn’t blame them for their
concerns and that he understood their concerns. Mr. Carter stated that he is trying to move
forward and applying for his alcohol permit was another step forward and appealing the
denial was another step that he had to try to take to move forward. Mr. Carter stated that
he also works at BBQ1 where he doesn’t serve alcohol but he needed both jobs to pay his
parents back. Mr. Carter stated that he pays his parents back 100% of his income.

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 denial of the alcohol permit for Charles Carter.

The License Review Board voted 5-0 in favor of this motion.

Page 111 of 225
DUI under the age of 21
I was pulled over in bartow county driving my friends vehicle and was charged with reckless
driving, mip, and dui
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?
24 hours in jail 40 hours community service
yes
East Cobb with my parents
6. How long has it been since the arrest?
almost three months
7. How long has it been since the conviction?
almost 2 months
8. Where do you work?
Ritters
9. Is it a bar? Nightclub? Restaurant?
Fine dining restaurant
10. What type of position do you have with the establishment?
Work Permit Applicant: CARTER, CHARLES
BENVENUTO
Permit Number: 142502
FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A
COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT
QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT
Cobb County License Review Board
COBB COUNTY
COMMUNITY DEVELOPMENT AGENCY
P.O. Box 649
Marietta, Georgia 30061-0649
phone: (770) 528-8410
Email: BLRenewal@cobbcounty.org
Sandra S. Richardson
Business License
Division Manager
PAGE: 1 5/16/2014 10:24:22 AM 142502
APHR_ALCH_WKPERMIT_DENIAL
Page 112 of 225
Im a server
11. What are the policies and procedures of the establishment?
No servers can pour alcohol, we can only pick it up and take it to our tables
12. What type of training does the establishment have for employees?
13. Is this the primary source of income for you?
I was trained on the job for 6 days
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
change of friends, and change of lifestyle. I have been working 55 hours a week to pay off my legal
fees
15. Do you have a support mechanism such as family, friends, spouse, children, church, etc?
Family
16. Are you going to school?
Yes
17. If so, what is your grade point average?
2.4
18. What assurance can you provide the LRB that you will not sell/provide alcohol in violation of State or County
Law?
I need this permit so that I can make a living and pay all my debt off. I am very concerned with
being in debt and will not let anything get in between me and my job.
19. Why should the LRB grant the permit?
I am working to right my wrongs and granting this permit will allow me to make enough money to
pay off all my debts and move out of my parents house.
20. What evidence can you provide the LRB that you understand State and County law regarding the sale and
service of alcohol?
Any. I have read the laws about serving alcohol
21. What has the impact been on you and the ones around you due to your criminal actions?
My parents were upset but even more so i was embarrassed by my juvenile actions. I put peoples
lives at risk so I deserved my punishment
PAGE: 2 5/16/2014 10:24:22 AM 142502
APHR_ALCH_WKPERMIT_DENIAL
Page 113 of 225
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: May 27, 2014


PURPOSE

To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary
of the show cause hearing conducted on May 8, 2014, by the License Review Board for
Taverna, LLC, doing business as, Taverna Fiorentina, 3324 Cobb Pkwy., Atlanta, GA 30339,
Yasmin Reyes, licensee.

BACKGROUND

On December 16, 1997, the Alcoholic Beverage Ordinance was amended to authorize the
License Review Board to conduct a Show Cause Hearing to suspend or recommend to the Cobb
County Board of Commissioners suspension or revocation of an Alcoholic Beverage License for
due cause. The amendment also provided for the Board of Commissioners to review a summary
of the Show Cause 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 May 8, 2014, the
License Review Board conducted a Show Cause Hearing for Taverna, LLC, doing business as,
Taverna Fiorentina, Yasmin Reyes, licensee, in regard to selling/furnishing an alcoholic
beverage to an underage person by an employee of Taverna Fiorentina, on February 20,
2014. After conducting the Show Cause Hearing and considering all evidence and testimony
presented, and the online questionnaire, the License Review Board recommended a 7-day
suspension of the beer, wine, and Sunday sales pouring license for Taverna, LLC, doing
business as, Taverna Fiorentina, Yasmin Reyes, licensee.

FUNDING

N/A


Comm. Dist.

2
Agenda Item Number. 27
Page 114 of 225




RECOMMENDATION

The Board of Commissioners affirm the decision of the License Review Board, following the
review of the attached summary of the Show Cause Hearing of May 8, 2014 for Taverna, LLC,
doing business as, Taverna Fiorentina, to suspend the beer, wine, and Sunday sales pouring
license for 7-days.

ATTACHMENTS
Summary of Show Cause Hearing, May 8, 2014
License Review Board Questionnaire
Agenda Item Number. 27
Page 115 of 225
Summary of Show Cause Hearing before the Cobb County License Review Board for
Taverna, LLC , doing business as, Taverna Fiorentina, located at 2941 Paces Ferry
Rd., Suite 100, Atlanta, GA 30339, Yasmin Reyes, licensee. On May 8, 2014, the
hearing was conducted in the Bid Room, 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.

Bob Beard with the County Attorney’s Office recapped the testimony from the March 27, 2014
hearing. Mr. Beard explained to the License Review Board that there had been an underage sale at
Taverna Fiorentina on February 20, 2014. Mr. Beard also explained that the Ms. Reyes had
unpermitted employees working at Taverna Fiorentina. Mr. Beard further explained that at the
March 27, 2014 hearing it was revealed that Taverna Fiorentina had been operating for
approximately six years and none of the employees had been permitted. Mr. Beard explained that
the License Review Board continued this hearing from the March 27, 2014 hearing because they
were concerned that there was no method of checking identification and no policies and procedures
in place, no POS system, no secret shopper program, and because Ms. Reyes expressed a desire to
hire someone to help her implement policies and procedures.

Michael Johnson, attorney for Taverna, LLC, doing business as, Taverna Fiorentina and Ms. Reyes
stated that he was retained after the March 27, 2014 License Review Board meeting. Mr. Johnson
stated that his client was not contesting the charges, the sale to an underage person, or the failure
to have permitted employees.

Mr. Johnson provided a packet of information to the License Review Board which included the
policies and procedures for Taverna Fiorentina. Mr. Johnson stated that Taverna Fiorentina employs
approximately ten employees. Mr. Johnson stated that the business is not frequented by underage
persons or teenagers. Mr. Johnson explained that Taverna Fiorentina’s food versus alcohol sales is
approximately 60% food and 40% alcohol. Mr. Johnson explained that their alcohol sales were
approximately 40% because their wine prices are more expensive than most restaurants. Mr.
Johnson stated that the average meal price at Taverna Fiorentina is $40.00 per entree and the
cheapest glass of wine is $11.00 a glass.

Mr. Johnson stated that Ms. Reyes didn’t know that all employees needed a permit. Mr. Johnson
stated that Ms. Reyes didn’t recall the permit information being covered in the training she took
when she opened the business. Mr. Johnson stated that all employees are now permitted and Ms.
Reyes now has policies and procedures in place to ensure that this type of violation doesn’t happen
again. Mr. Johnson stated that all employees are provided with a copy of the policies and
procedures and are required to sign a document acknowledging that they understand the policies
and procedures. Mr. Johnson stated that no alcohol will be sold to anyone with “Under 21” on the
identification even if they are of age, and all out of state identifications are required to be checked
by a manager. Mr. Johnson explained that Ms. Reyes recently attended the RASS workshop thru
Evindi and learned a lot.

Ms. Reyes, owner and licensee of Taverna Fiorentina stated that she takes full responsibility for her
business. Ms. Reyes stated that she was ignorant of what was required of her. Ms. Reyes stated
that she learned a lot more from the most recent RASS Workshop she attended. Ms. Reyes stated
that all new employees are required to obtain a permit before starting work. Ms. Reyes explained
that all employees are required to take an online training program through Taylor English Duma.
Page 116 of 225

Sgt. Bonnie Smith with the Cobb County Police Department’s Regulatory Services and Permits Unit
stated that a compliance check was conducted on February 20, 2014 where Mr. Tondo was issued a
citation for allowing employees to work in an establishment where alcohol is served without having
alcohol permits. Sgt. Smith stated that Mr. Tondo identified himself as the manager on staff and a
partner in the business. Sgt. Smith stated that she explained the permit requirements to Mr. Tondo
on February 20, 2014. Sgt. Smith explained to the License Review Board that Mr. Tondo did not
obtain an alcohol permit until March 28, 2014, the day after the business originally appeared before
the License Review Board. Sgt. Smith stated that her concern was the businesses lack of urgency
regarding alcohol permits.

Ms. Reyes stated to the License Review Board that Mr. Tondo didn’t feel that he needed a permit
because he was only the chef and a partner in the business. Ms. Reyes stated that she had to push
Mr. Tondo to go get his permit when he did. Ms. Reyes explained that there had been some issues
in their partnership that they were working to resolve and that he is 100% on board with the
policies and procedures that are now in place.

Sgt. Smith explained that the Cobb County Code of Ordinances requires that all managers have an
alcohol permit.

Mr. Johnson explained to the License Review Board that this restaurant is Ms. Reyes’ livelihood and
that any suspension would put it out of business. Mr. Johnson explained that Ms. Reyes has taken
measures to bring her business practices and policies and procedures up to code. Mr. Johnson
stated that Ms. Reyes understands now that compliance is necessary. Mr. Johnson asked the
License Review Board to take into consideration the steps that Ms. Reyes has taken to improve her
business practices and policies and procedures. Mr. Johnson asked the License Review Board to
forego revocation and a suspension which would affect the business financially.

After considering all evidence and testimony presented and the License Review Board Questionnaire,
pursuant to a motion by Milton Beck, and a second by Jim Pehrson, the License Review Board
recommended a 7-DAY SUSPENSION of the beer, wine, and Sunday pouring sales licenses for
Taverna, LLC, doing business as, Taverna Fiorentina.

The License Review Board voted 5-0 in favor of this motion.


Page 117 of 225
SERVED AN ALCOHOL BEVERAGE TO UNDERAGE PERSON
No
1. What was the violation(s)?
2. Were there more than one violation?
3. Was the compliance check in regard to a complaint?
4. Did all employees have work permits at the time of the compliance check?
5. How long have you, the licensee, operated the business?
No
No
6 YEARS
6. Have there been previous violations at this location or other locations where you were the licensee?
No
7. If so, how many, where, and when?
NA
8. What were the sanctions?
NA
9. Are you remorseful regarding the violation(s) or was it an employee or someone else`s fault?
MY TRAINEE SERVED THE BEER TO AN UNDERAGE PERSON
10. Were there written procedures in place prior to the violations or after?
Licensee: YASMIN REYES
FACTORS TO CONSIDER IN SHOW CAUSE HEARING REGARDING THE
LICENSE DUE TO A SALE OF ALCOHOL TO AN UNDERAGE PERSON
QUESTIONS FOR THE LICENSEE
Cobb County License Review Board
License Number: 901383
COBB COUNTY
COMMUNITY DEVELOPMENT AGENCY
P.O. Box 649
Marietta, Georgia 30061-0649
phone: (770) 528-8410
Email: BLRenewal@cobbcounty.org
Sandra S. Richardson
Business License
Division Manager
PAGE: 1 5/16/2014 10:09:01 AM 901383
SCHR_ALCH_LICENSEE_UUSALE
Page 118 of 225
BEFORE AND AFTER. I ALSO DISMISSED THE TRAINEE.
11. How are the employees held accountable to follow the policies and procedures of the business?
THEY ARE SUPPOSED TO CARD ANYONE THAT LOOKS YOUNGER THAN 40.
12. What are the consequences for the employee and managers for violations of policies and procedures?
13. What are the consequences for the employee and managers for violations of law/ordinances?
TERMINATION
TERMINATION
14. How are the consequences communicated to the employee?
IN WRITING AND VERBALLY
15. When are the consequences communicated to the employee?
IMMEDIATELY AFTER THE VIOLATION
16. Was there training of employees prior to the violation?
Yes
17. Was there training of employees after the violation?
Yes
18. Was there any retraining of employees after the violation?
Yes
19. Will there be any reoccurring training of employees?
Yes
20. How may employees work at this location?
5 SERVERS
21. How many locations are you the licensee?
1
22. What experience do you the owner/licensee have in the sale of alcohol?
RASS WORKSHOPS, I HAVE SUBSEQUENTLY HIRED TAYLOR ENGLISH LAWFIRM TO CONDUCT
SECRET SHOPPER AND ALCOHOL PROGRAMS FOR US. MICHELE STUMPE IS OUR LAWYER.
23. Do you the owner/licensee have a secret shopper program in place?
No
24. What has been the results of the program?
NA
PAGE: 2 5/16/2014 10:09:01 AM 901383
SCHR_ALCH_LICENSEE_UUSALE
Page 119 of 225
25. Are you the owner/licensee, managers, and employees familiar with the Georgia Drivers License?
Yes
26. Are you the owner/licensee, managers, and employees familiar with the Georgia Drivers License?
DATE OF BIRTH, STATE SEAL,
27. Do you the owner/licensee have a point of sale system (i.e. - cash register) which prompts for identification
prior to the sale of alcohol?
No
28. Is there an override feature?
No
29. If there is an override feature, who can override the system?
NA
30. What is your policy on when to check ID prior to the sale of alcohol?
IF YOU LOOK 40 OR YOUNGER, NOW WE KNOW TO CHECK EVERYONE.
31. What type of business is being operated at this location?
FINE DINING ITALIAN UPSCALE RESTAURANT
No
32. Is the type of business being operated at this location different from the type of business that was approved to
operate in the original application?
33. Are there cameras in the establishment?
3
Yes
34. If so, how many?
35. How often are they reviewed?
WEEKLY
36. Why are they reviewed?
PREVENT THEFT.
37. How long is the video maintained?
2 WEEKS
38. Has the video been reviewed regarding the violation(s)?
PAGE: 3 5/16/2014 10:09:01 AM 901383
SCHR_ALCH_LICENSEE_UUSALE
Page 120 of 225
YES
39. If so, by whom?
YASMIN REYES
40. What was determined from the video?
FULL BAR, CHAOTIC FULL ENVIRONMENT, UNDERAGE PERSON WAS VERY TALKATIVE, MY
TRAINEE STILL LEARNING THE POS SYSTEM. LOTS OS DISTRATIONS.
41. Have you discussed with the employee that committed the violation what occurred when he/she committed the
violation?
Yes
42. What explanation did the employee have regarding the violation?
THAT HE WAS DISTRACTED. HE HAS BEEN IN THIS BUSINESS FOR 25 YEARS.
43. What has been the consequence to the employee for the violation?
TERMINATION
44. What assurance can you provide the LRB that you the owner/licensee and your employees will not sell/provide
alcohol in violation of State or County Law again.
WE CHECK ALL ID.
45. What evidence can you provide the LRB that you and your employees understand State and County law
regarding the sale and service of alcohol?
WE ARE CHANGING THE POS SYSTEM TO TRACK DOB FOR ALL WINE AND BEER SALES. WE
DO NOT SELL ALCOHOL.
46. Do you take responsibility for the actions of your employees and any violations that the employees may
commit?
Yes
47. Does the cash register or point of sale system track alcohol sales?
Yes
48. Does the cash register or point of sale system track when they were sold?
Yes
49. Does the cash register or point of sale system track by whom they were sold?
PAGE: 4 5/16/2014 10:09:01 AM 901383
SCHR_ALCH_LICENSEE_UUSALE
Page 121 of 225
Yes
50. Does the cash register or point of sale system track if ID was checked?
No
51. Does the cash register or point of sale system track the Date of Birth prior to the sale of alcohol?
No
PAGE: 5 5/16/2014 10:09:01 AM 901383
SCHR_ALCH_LICENSEE_UUSALE
Page 122 of 225
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: May 27, 2014


PURPOSE

To review, in accordance with the Cobb County Alcoholic Beverage Ordinance, the attached
summary of the Appeal Hearing conducted on May 8, 2014 by the License Review Board for
Terraj Jarrett.

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 May 8, 2014, the License Review Board conducted an appeal
hearing for Terraj Jarrett 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. Jarrett.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners review the summary of the Appeal Hearing of May 8, 2014 for
Terraj Jarrett, and affirm the decision of the License Review Board.

ATTACHMENTS
Summary May 8, 2014 Appeal Hearing
License Review Board Questionnaire
Comm. Dist.

4
Agenda Item Number. 28
Page 123 of 225
Summary of Appeal Hearing before the Cobb County License Review Board for
Terraj Jarrett, Alcohol Permit while currently working at Chili’s Grill & Bar,
located at 4145 Austell Rd., Marietta, GA 30106. On May 8, 2014 the hearing
was conducted in the Bid Room, located at 1772 County Services Parkway,
Marietta, GA 30008.

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

Sgt. Bonnie Smith with the Cobb County Police Department’s Regulatory Services and
Permits Unit testified that Terraj Jarrett truthfully indicated on the alcohol permit application
that she was convicted of pimping on February 23, 2013.

Ms. Jarrett stated that she was arrested in Gwinnett County while she was lining in a hotel
and got involved with the wrong crowd. Ms. Jarrett stated that there were things going on
in the hotel that she didn’t know about but got caught up in. Ms. Jarrett explained that it
was guilt by association and her attorney advised that she that the Alford Pleas to get the
case resolved even if she was not guilty. Ms. Jarrett stated that she was on probation for
one year and had to complete eighty hours of community service work. Ms. Jarrett stated
that he is no longer on probation. Ms. Jarrett stated that since the arrest she has cut all ties
with the people that she was involved with in Gwinnett County and has moved to the Six
Flags area and transferred from the Alpharetta Chili’s Grill & Bar to the Austell Rd. location.
Ms. Jarrett explained that she has been working at this location as a hostess since January
2014.

Ms, Jarrett stated that she is now pregnant and needs to obtain her server’s permit so that
she can serve tables at this location and make more money to provide for her family. Ms.
Jarrett explained to the License Review Board that she lives with her sister who is on
disability and her sister’s four children. Ms. Jarrett stated that her income is important for
her family as well as her sister and her sister’s children. Ms. Jarrett stated that she has
worked for Chili’s Grill & Bar for eight years and has experience serving alcohol. Ms. Jarrett
stated that it is Chili’s Grill & Bar’s policy to check the identification of everyone ordering an
alcoholic beverage. Ms. Jarrett explained to the License Review Board that Chili’s Grill & Bar
has a secret shopper program and if you do not check identification you will lose your job.

Ms. Jarrett stated that she is twenty-nine years old and is pregnant with her second child;
she already has an eleven year old.

Ms. Jarrett explained that when she was arrested she had a guy friend who she rented a
room for at the same hotel that she was staying at, with her card, in her name, and the guy
was busted for prostitution. Because the room was in her name, she was arrested too.

After considering all evidence and testimony presented, and the Online License Review
Board Questionnaire, pursuant to a motion by Larry Walker and a second by Eddie Canon
the License Review Board recommended approval of the alcohol permit for Terraj Jarrett.

The License Review Board voted 5-0 in favor of this motion.

Page 124 of 225
Pimping
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?
12 months of probation.
Yes.
Austell, Ga with my sister.
6. How long has it been since the arrest?
4/09/2012
7. How long has it been since the conviction?
February oy 2013
8. Where do you work?
Chili`s Grill and Bar in Austell, Ga.
9. Is it a bar? Nightclub? Restaurant?
Restaurant.
10. What type of position do you have with the establishment?
Server / Waitress.
Work Permit Applicant: JARRETT, TERRAJ
YVONNE
Permit Number: 141863
FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A
COBB COUNTY ALCOHOLIC BEVERAGE WORK PERMIT
QUESTIONS FOR THE ALCOHOL WORK PERMIT APPLICANT
Cobb County License Review Board
COBB COUNTY
COMMUNITY DEVELOPMENT AGENCY
P.O. Box 649
Marietta, Georgia 30061-0649
phone: (770) 528-8410
Email: BLRenewal@cobbcounty.org
Sandra S. Richardson
Business License
Division Manager
PAGE: 1 5/16/2014 10:31:39 AM 141863
APHR_ALCH_WKPERMIT_DENIAL
Page 125 of 225
11. What are the policies and procedures of the establishment?
Alcohol/Liquor Permit Required to serve alchohol.
12. What type of training does the establishment have for employees?
13. Is this the primary source of income for you?
Food and Alchohol Serving Classes for Servers/Waitresses.
Yes. It is my only source of income.
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
Working Full time and participating in community service.
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?
Do not intend on involving or associating myself with anything or anyone that could potentially be
damaging to my job or my future.
19. Why should the LRB grant the permit?
I understood the error of my ways and do not wish to repeat any of this. I have always been a hard
worker and pride myself on the job that I have and how I conduct myself. I am recently with child
and desperately need my job to save for the arrival of my baby in August.
20. What evidence can you provide the LRB that you understand State and County law regarding the sale and
service of alcohol?
Any Evidence that is required of me. Im willing to cooperate to provide any and all information
needed from me.
21. What has the impact been on you and the ones around you due to your criminal actions?
Currently it has caused much stress due to the fact that I am currently unable to work. Being that I
am a major source of income in my sisters house hold with 3 small children, it is very damaging to
us all financially. I definitely regret ever having been involved with the people I was associated
with at the time this all took place. I wish to never have to go through this again. For it has caused
my family as well as myself nothing but pain and heartache.

PAGE: 2 5/16/2014 10:31:39 AM 141863
APHR_ALCH_WKPERMIT_DENIAL
Page 126 of 225
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: May 27, 2014


PURPOSE

To approve a contract with Garrett McNatt Hennessey & Carpenter 360 for state and federal
legislative consulting services.

BACKGROUND

On October 8, 2013, the Board of Commissioners authorized the advertisement for a Request
for Proposals and holding of a public hearing to contract with an outside firm to provide
assistance with federal and state legislative, regulatory, and funding issues. A public hearing for
employment of consulting services was conducted on November 12, 2013.

In accordance with the Policy for the Procurement of Professional Services adopted by the
Board of Commissioners on July 28, 2009, for selection Process 2 (Competitive Proposals),
proposals were solicited through advertisement in the Marietta Daily Journal. Evaluation and
ranking of the proposals includes staffing, previous experience and performance, approach,
availability and local vendor presence, financial stability, and cost. On January 9, 2014, Cobb
County received six proposals for legislative consulting services.

A committee evaluated the proposals and pricing information, and selected Garrett McNatt
Hennessey & Carpenter 360 as the firm offering the proposal determined to be most
advantageous to the County. Members of the evaluation committee were Faye DiMassimo,
Cobb County Department of Transportation, Lynda Coker, Retired Chief Deputy Sheriff, Cobb
County Sheriff’s Department, Susan Lee, Gwinnett County, James Scott, C.W. Matthews
Contracting Company, Inc. and Robert Ingram, Moore Ingram Johnson and Steele, LLP.




Comm. Dist.

All
Agenda Item Number. 29
Page 127 of 225





It is recommended that an annual agreement for services be established with Garrett McNatt
Hennessey & Carpenter 360 in an amount not to exceed $168,000.00 annually. The initial term
of the agreement will reflect a negotiated prorated amount for the remainder of FY 2014 with
the agreement to automatically renew for each of two one year periods consistent with the
provisions of O.C.G.A. §36-60-13 in an amount not to exceed $168,000.00 annually.

FUNDING

Funding for the remainder of FY 2014 is available in the FY 2014 budget established at
adoption for the purpose as follows:

010-014-0140-6312 General Fund Admin-Consulting Services

Funding for future fiscal years will be included in those recommended annual budgets.

RECOMMENDATION

The Board of Commissioners approve an annual contract with Garrett McNatt Hennessey &
Carpenter 360 in an amount not to exceed $168,000.00 annually for federal and state legislative
consulting services; and authorize the Chairman to execute the necessary documents.
Agenda Item Number. 29
Page 128 of 225
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: May 27, 2014


PURPOSE

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

BACKGROUND

Georgia Law, O.C.G.A. §36-81-3 (b), requires each unit of local government to operate under
an annual balanced budget adopted by ordinance or resolution. Cobb County Code 2-49
provides for revisions to the adopted budget during the year only by formal action of the
commission in a regular meeting.

In an official opinion dated 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 or resolution 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.

ATTACHMENTS
Resolution
Comm. Dist.

All
Agenda Item Number. 30
Page 129 of 225
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 27th of May 2014



Page 130 of 225
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: May 27, 2014


PURPOSE

To authorize Cobb County to proceed with the necessary steps to prepare for the competitive
public sale and issuance of the Cobb County Kennestone Hospital Authority Revenue
Anticipation Certificates for the purpose of financing the construction of a two-story facility to
be leased to and operated by the Cobb County Community Services Board.


BACKGROUND

The Cobb County Community Services Board (CSB) is a public agency created by state law to
provide mental health, developmental disability, and/or substance-abuse services for children,
adolescents and adults in a service area (together with the Douglas County Community Services
Board) that includes Cobb, Douglas and Cherokee Counties. Regional boards were created by
the state legislature to succeed county boards of health as the provider of these
services. Community service boards insure the availability of these services irrespective of a
client’s financial circumstances and/or where families cannot access services
elsewhere. Approximately 75% of CSB’s revenues in FY2012 were received from the Georgia
Department of Behavioral Health and Developmental Disabilities (“GDBHDD”) in the form of
grants-in-aid, fees for services and contract payments with the remaining portion coming from
other contracts grants, Medicaid waivers and other sources.

On August 25, 2013, the CSB received a letter from the GDBHDD indicating its intent to
contract with CSB for the construction of the Project. CSB has requested that the Board on
behalf of the County (a) evidence its intent to work with CSB and the Authority to proceed with
the steps necessary to prepare for the issuance of the Authority’s Certificates and the
construction of the Project, (b)evidence its intent, subject to approval of the definitive financing
documents and satisfactory completion of the proposed transaction, to enter into an
Intergovernmental Contract between Cobb County and the Authority whereby the County would
agree to pay amounts sufficient to enable the Authority to pay the principal of and interest on
Comm. Dist.

All
Agenda Item Number. 31
Page 131 of 225
the Authority’s Certificates when due and the costs of certain administrative services with
respect to the Certificates, and (c) authorize its Finance Staff, Property Management Staff, Legal
Department, its Financial Advisor and its Bond Counsel and Disclosure Counsel to work with
CSB and representatives of the Authority to prepare for the issuance of the Authority’s
Certificates and the construction of the Project. The County’s superior bond ratings and its
willingness to enter into the Intergovernmental Contract backed by its taxing authority are
considered instrumental in obtaining the lowest cost financing for this Project.

Steps to be undertaken by the County’s Finance, Legal and Property Management Staffs,
Financial Advisor, Bond Counsel and Disclosure Counsel are expected to include, without
limitation, working with representatives of CSB and the Authority to assistance in the
preparation and/or review of an Intergovernmental Contract and other documents related to
issuance and competitive public sale of the Authority’s Certificates, assistance in the review of
the Authority’s Official Statement for the Authority’s Certificates, and the provision of certain
financial and other information to be utilized in or with respect to documents to be prepared by
or on behalf of the Authority or other parties in anticipation of the issuance of the Authority’s
Certificates, and other actions as required or appropriate.


FUNDING

Issuance costs will be paid from the proceeds of the Authority’s Certificates and will not impact
the County's budget. Continuing administrative costs for the Certificates, such as trustee
services, rating agencies’ fees and similar fees and costs, if payable by the County, were not
anticipated in the 2014 budget process but would be absorbed in the current budget. All
subsequent years' costs will be planned in their respective budget years.

RECOMMENDATION

The Board of Commissioners authorize Cobb County to proceed with the necessary steps to
prepare for the competitive public sale and issuance of the proposed Cobb County Kennestone
Hospital Authority Revenue Anticipation Certificates, in an aggregate principal amount to not
exceed $7,000,000, for the purpose of financing the construction of a two- story facility to be
leased to and operated by the Cobb County Community Services Board and paying issuance
costs associated therewith and to prepare for the County to enter into an Intergovernmental
Contract with the Authority with respect thereto; and further authorize the Chairman to execute
the necessary documents.

ATTACHMENTS
Intent Resolution
Agenda Item Number. 31
Page 132 of 225
BSLLP 5/15/2014
RESOLUTION OF COBB COUNTY DECLARING ITS INTENT AND
PRELIMINARY APPROVAL OF THE ISSUANCE BY THE COBB
COUNTY KENNESTONE HOSPITAL AUTHORITY OF ITS TAX
EXEMPT REVENUE ANTICIPATION CERTIFICATES TO FINANCE
THE ACQUISITION, DESIGN, CONSTRUCTION AND EQUIPPING OF A
BUILDING AND OTHER RELATED CAPITAL IMPROVEMENTS,
WHICH REVENUE ANTICIPATION CERTIFICATES WILL BE
PAYABLE FROM A PLEDGE OF AMOUNTS PAYABLE BY COBB
COUNTY PURSUANT TO AN INTERGOVERNMENTAL CONTRACT
WITH THE AUTHORITY, ITS INTENT TO PROCEED WITH THE
FINANCING, AND ITS INTENT TO REQUEST THAT THE AUTHORITY
APPLY A PORTION OF THE PROCEEDS FROM SUCH FINANCING TO
REIMBURSE CERTAIN EXPENDITURES ORIGINALLY PAID FROM
OTHER FUNDS, TO THE EXTENT PERMITTED BY FEDERAL TAX
LAW; AND OTHER RELATED MATTERS
WHEREAS, Cobb County, Georgia (the "County"), a political subdivision of the State
of Georgia (the "State"), is permitted by Article IX, Section III, Paragraph I of the Constitution
of the State of Georgia of 1983, as amended (the "Georgia Constitution"), to contract with any
public agency, public corporation or public authority of the State for any period not exceeding
fifty (50) years for joint services, for the provision of services, or for the joint or separate use of
facilities or equipment, provided such contracts deal with activities, services or facilities the
contracting parties are authorized by law to undertake or provide, and accordingly as a corollary
the County is permitted to pay for such activities, services or facilities or to pay the cost of such
services or to pay the costs of acquisition, construction, equipping, modernization or repairs of
such facilities in accordance with the terms of any such contract and to pay the same from
revenues derived from any source and, if necessary, to levy and collect ad valorem property
taxes for such purpose;
WHEREAS, the County is authorized by Article IX, Section II, Paragraph III of the
Georgia Constitution to provide, among other Constitutional supplementary powers, the power to
provide public health facilities and services and also parking facilities, and accordingly as a
corollary the County is authorized to levy and collect ad valorem property taxes for such
purpose;
WHEREAS, the Cobb County Community Services Board (the "CSB") is a public
corporation, an instrumentality of the State and a public agency created and existing under the
laws of the State and particularly under the O.C.G.A 37-2-6, et. seq. (the "Community Service
Boards Statute"), and pursuant thereto was created and exists for nonprofit and public purposes
to exercise essential governmental functions and in particular for the purpose of providing
mental health, developmental disabilities and addictive disease services;
WHEREAS, the Cobb County Kennestone Hospital Authority (the "Authority") is a public
body corporate and politic created and existing under the laws of the State of Georgia (the "State"),
and particularly under the Hospital Authorities Law, O.C.G.A. 31-7-70, et seq. (the "Authority’s
Act");
Page 133 of 225
2
WHEREAS, CSB has represented to the Authority and the County that the State desires to
cause the construction of six behavioral health centers in the State, desires one of such centers to be
located in the County, has requested that the County assist in providing a location for such center,
and has requested the CSB to provide the services to be offered in such center;
WHEREAS, in response to the aforesaid request from the State, the CSB has determined
that the aforesaid center should consist of a new two story building containing approximately
40,000 square feet and adjacent surface parking with the first floor to be ready for occupancy upon
completion of the building and the second story to be completed and readied for occupancy and
use at a future time, which building and parking will be located on land owned by the County at
1775 County Services Parkway, Marietta, Cobb County, Georgia (the "Project"), and the CSB has
requested that the County assist with the development and construction of the Project and has
requested that the Authority and the County assist in the financing thereof, and on April 17, 2014,
the Board of Directors of CSB adopted a resolution intended to ratify and approve the forgoing;
WHEREAS, the Authority is empowered under the Authority’s Act, without limitation, to
make and execute contracts or other instruments necessary to exercise its powers; to issue revenue
anticipation certificates or other evidences of indebtedness having a maturity not exceeding forty
(40 ) years for the purpose of providing funds to carry out the powers and duties of the Authority;
to construct projects; to lease to others for a maximum of forty (40) years any lands, buildings,
structures or facilities constituting all or any part of any project; to lease for up to a maximum of
forty (40) years for operation by others any project, provided the Authority has first determined
that such lease will promote the public health needs of the community by making additional
facilities available in the community or by lowering the cost of health care in the community and
that the Authority shall under the lease require that the lessee shall not in any event obtain more
than a reasonable rate of return on its investment in the project and that such lessee shall operate
the project on a not-for-profit basis in compliance with the Authority’s Act, and further provided
that such lessee will agree to pay rental amounts sufficient in each year to enable the Authority to
pay the principal of and interest on any revenue anticipation certificates issued by the Authority to
finance such project, plus the costs of maintaining such project and insuring such project;
WHEREAS, at the request of CSB officials, and subject to the County’s approval of the
manner, terms and timing of the competitive public sale of the Certificates and approval of the
definitive financing documents thereafter and hereafter, on March 11, 2014, the County’s Board of
Commissioners approved the County proceeding to advertise for proposals from design/build firms
for the design and construction of the Project and thereafter to oversee the construction of the
Project and proceeding to work with the Authority to facilitate the issuance of the Certificates by
entering into an intergovernmental contract with the Authority pursuant to which the County will
agree to pay to the Authority amounts sufficient to enable the Authority to pay the principal of and
interest on the Certificates when due;
WHEREAS, at the request of CSB officials and County officials, and subject to the
Authority’s approval of the definitive financing documents hereafter, on May 5, 2014, the
Authority adopted its Intent Resolution (the Authority’s Intent Resolution”) whereby the Authority
declared its official intent to finance the acquisition, construction and equipping of the Project
through the issuance by the Authority of revenue anticipation certificates (as more fully defined in
Section 2 hereof, the "Certificates") issued pursuant to the Authority’s Act and validated pursuant
Page 134 of 225
3
to the State's Revenue Bond Law O.C.G.A. 36-82-60, et. seq., which Certificates will be issued as
special and limited obligations of the Authority payable only from the revenues and assets
expressly pledged to the payment thereof and intended to be issued as tax exempt obligations with
the interest thereon to be excludable from the gross income of the owners thereof for federal
income tax purposes and pursuant to the Authority’s Act for State income tax law purposes, as
further provided in and subject to the terms of the Authority’s Intent Resolution;
WHEREAS, provided, however, the Authority’s Intent Resolution was expressly adopted
in reliance upon and is expressly conditioned upon and subject to the County’s Board of
Commissioners adopting an intent resolution requesting that the Authority issue the Certificates
and confirming the matters set forth in the Authority’s Intent Resolution with respect to the
County, confirming that the Certificates shall be special and limited obligations of the Authority as
more fully set forth in the Authority’s Intent Resolution, and confirming that the reasonable and
customary fees and expenses incurred by the Authority in connection with the issuance of the
Certificates or throughout the term of the Certificates will be paid from proceeds of the
Certificates, funds held under the trust indenture or otherwise paid by the County, which intent
resolution of the County may be subject to the County’s future approval of the definitive financing
documents, the definitive terms of the Certificates and matters related thereto, and the Authority’s
Intent Resolution further provides that upon the adoption of the aforesaid intent resolution by the
County’s Board of Commissioners, the Authority’s Intent Resolution will be effective retroactively
to and as of the date of adoption thereof, which is May 5, 2014; and
WHEREAS, the County has determined to adopt the intent resolution contemplated under
the Authority’s Intent Resolution and otherwise supplement the County’s March 11, 2014 Agenda
Item with respect to the matters set forth herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
County (the "Board"), and it is hereby resolved by authority of the same, as follows:
Section 1. Incorporation of Recitals, Reliance upon Representations, and Official
Request from the County. The foregoing recitals are intended to be, and by this reference are
hereby made, a substantive part of this Resolution. The County hereby declares that this
Resolution is adopted at the request of officials of CSB and the Authority and in reliance upon the
representations of officials of CSB as set forth in the foregoing recitals, and the resolution adopted
by CSB’s Board of Directors on April 17, 2014.
Section 2. Request Authority to Issue Certificates. Subject to the terms of this
Resolution and the County’s approval of the definitive financing documents hereafter, the
County hereby requests that the Authority issue its tax exempt revenue anticipation certificates to
finance all or a part of the costs of acquisition, design, construction and equipping of the Project,
capitalized interest during the construction period, costs of issuance, and other permitted costs
and expenses related thereto, in an original aggregate principal amount not to exceed the sum of
$7,000,000, or such greater or lesser amount as the County’s Board by a subsequent resolution
may approve, which revenue anticipation certificates will be entitled "Cobb County Kennestone
Hospital Authority Revenue Anticipation Certificates (Cobb County Project), Series 2014" or
such other title as the Authority may determine or approve (the "Certificates").
Page 135 of 225
4
Section 3. County’s Intent and Preliminary Approval to Proceed with Financing.
Subject to the terms of this Resolution and the County’s approval of the definitive financing
documents hereafter, the County hereby declares its intent and preliminary approval to proceed
with the proposed financing of the Project and to proceed to work with the Authority and CSB to
prepare for the issuance of the Certificates and to prepare to facilitate the financing by the
County and the Authority entering into an Intergovernmental Contract whereby the County will
agree to pay to the Authority amounts sufficient to enable the Authority to pay the principal of and
interest on the Certificates when due and to pay certain administrative costs of the Certificate such
as on-going bond trustee fees, rating agencies’ fees and similar administrative costs, subject to the
County approving the service provider and the costs and fees.
Section 4. Further Direction to Proceed. In furtherance of the foregoing, the County
hereby approves and directs that Finance Director/Comptroller, the Property Management and
Legal Department staffs to proceed with any and all steps required or appropriate on behalf of
the County, working with the CSB and the Authority, to prepare for the competitive public sale
and issuance of the proposed Certificates.
Section 5. Confirmation for Authority. As requested by the Authority, the County
hereby confirms the matters set forth in the Authority’s Intent Resolution with respect to the
County, confirms that the Certificates shall be special and limited obligations of the Authority as
more fully set forth in the Authority’s Intent Resolution, and confirms that the reasonable and
customary fees and expenses incurred by the Authority in connection with the issuance of the
Certificates or throughout the term of the Certificates will be paid from proceeds of the
Certificates, funds held under the trust indenture or otherwise paid by the County.
Section 6. Official Intent to Reimburse Permitted Expenditures. The CSB, the County
or the Authority may, from time to time prior to the issuance of the Certificates, expend or advance
funds necessary to prepare for and commence the acquisition, development, design and
construction of the Project, and the County hereby requests and approves the Authority’s
declaration of its official intent to apply a portion of the proceeds of the Certificates to reimburse
the applicable party for such original expenditures to the extent permitted by the Internal Revenue
Code of 1986, as amended (the "Code"), and the U.S. Treasury Regulations promulgated pursuant
thereto, including in particular but without limitation, U.S. Treasury Regulations Section 1.150-2
and to the extent the particular expenditures are approved by the Authority and the County.
Section 7. Further Action. The Chairman, Vice Chairman, County Manager and
Finance Director/Comptroller of the County (each an "Authorized Officer") each is hereby
authorized and directed to execute and deliver, for and on behalf of the County, such other
notices, agreements, certificates or documents and to take such other actions on behalf of the
County as may be necessary or appropriate to (i) assure compliance with certain requirements of
the Code with respect to the Certificates, (ii) proceed with plans to issue the Certificates to
finance the Project, (iii) otherwise carry out the intent and purpose of this Resolution, and (iv)
work with the County's Financial Advisor, the County’s Bond Counsel and the Authority's
counsel, among other appropriate financing participants, to accomplish the foregoing.
Section 8. Special and Limited Obligations; Not a Debt of the Authority. The
Certificates will constitute special and limited obligations issued by the Authority and will not
Page 136 of 225
5

constitute or be deemed to constitute a debt, liability, general or moral obligation of the Authority
or a pledge of the faith and credit or taxing power of the State or any political subdivision thereof,
including the County. No Certificate holder will ever have the right to compel any exercise of the
taxing power of the State or the County to pay the Certificates or the interest thereon. The
Authority has no taxing power. The Certificates will be payable only from the revenues and assets
expressly pledged to the payment thereof pursuant to the bond resolution and the trust indenture to
be adopted or approved hereafter by future action of the Board and will not be payable from any
other revenues or assets of the Authority, and nor shall the Authority have any obligation to
Certificate holders other than the special and limited obligations set forth in such trust indenture.
Section 9. No Personal Liability. No declaration, obligation or agreement herein
contained or contained in any of the documents authorized hereby shall be deemed to be a
covenant, obligation or agreement of any Board member, director, officer, agent or employee of
the Authority in his or her individual capacity, and neither the members of the Board nor any
officer or employee or representative executing any document authorized by this Resolution shall
be liable personally thereunder or be subject to any personal liability or accountability by reason of
the execution and delivery thereof.
Section 10. Actions Approved and Confirmed. All acts and doings of the officers,
agents and employees of the Authority that are in conformity with the purposes and intent of this
Resolution and in the furtherance of the proposed issuance of the Certificates and the execution,
delivery and performance of any document authorized hereby, shall be, and the same hereby are, in
all respects approved, ratified and confirmed.
Section 11. Repealing Clause. All resolutions of the Authority or parts thereof in
conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded
and repealed.
Section 12. Effective Date. Subject to Section 1 hereof, this Resolution shall take
effect immediately upon its adoption on this 27th day of May, 2014.

[COUNTY SEAL]


Attest:
Candace W. Ellison
Clerk, Board of Commissioners
of Cobb County, Georgia
COBB COUNTY, GEORGIA


By:
Timothy D. Lee
Chairman, Board of Commissioners
of Cobb County, Georgia


Page 137 of 225
6

CLERK'S CERTIFICATE

COBB COUNTY, GEORGIA

I, Candace W. Ellison, Clerk of the Board of Commissioners of Cobb County, Georgia,
DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of the
resolution adopted by the Board of Commissioners at an open public meeting duly called and
lawfully assembled at 7:00 p.m., on the 27th day of May, 2014, pertaining to the County’s
preliminary approval of, among other matters, the issuance of the Cobb County Kennestone
Hospital Authority Revenue Anticipation Certificates (Cobb County Project), Series 2014, the
County and the Authority entering into an Intergovernmental Contract in connection therewith
and certain documents and matters related thereto (the "Resolution"), the original of the
Resolution being duly recorded in the Minute Book of the Board of Commissioners, which
Minute Book is in my custody and control, and that the Resolution has not been amended or
rescinded and is in full force and effect as of the date hereof.
I do hereby certify that the following members of the Board of Commissioners were
present at said meeting:
Chairman Timothy D. Lee Commissioner Helen C. Goreham

Commissioner Robert J. Ott Commissioner Lisa N. Cupid

Commissioner JoAnn Birrell

and that the following member was absent:



and that the Resolution was duly adopted by a vote of

Aye Nay

WITNESS my hand and the official seal of Cobb County, Georgia, to be effective as of
the 27th day of May, 2014.



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

[COUNTY SEAL]


Page 138 of 225
Juvenile Court of Cobb County
Michele Marchant-Wellmon, Director
1738 County Services Parkway, S.W.
Marietta, Georgia 30008-4028
((770) 528-2290 / fax: (770) 528-2214

TO: David Hankerson, County Manager

FROM: Michele Marchant-Wellmon, Director

This item has been electronically signed by:
Michele Marchant-Wellmon, Director


DATE: May 27, 2014


PURPOSE

To authorize the submission of an application to the Georgia Accountability Court Funding
Committee for professional services funding to provide Cognitive Behavioral Intervention
treatment for Family Dependency Treatment Court clients.

BACKGROUND

The Georgia Accountability Court Funding Committee is offering a one-time only grant
opportunity to apply for up to $30,000.00 to provide Cognitive Behavioral Intervention (CBI)
treatment to the clients participating in the Family Dependency Treatment Court (FDTC). An
agreement with the treatment provider must be completed obligating the funds by June 30,
2014. Once the Juvenile Court receives the grant award, another agenda item will be prepared
for the Board of Commissioners’ approval to accept and appropriate the grant funds.

IMPACT STATEMENT

The Georgia Accountability Court Funding Committee is offering this one-time grant
opportunity with the condition the funds must be expended by June 30, 2014. There is no
requirement of any local match from the County. These funds will support the contracted
professional services to conduct CBI treatment to FDTC clients. We understand this is a one-
time grant funding opportunity and when this funding is exhausted we will no longer pay for
these professional services. The BCI treatment would be terminated unless future grant funding
is offered.



Comm. Dist.

All
Agenda Item Number. 32
Page 139 of 225

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners authorize the submission of an application to the Georgia
Accountability Court Funding Committee, for a one-time grant up to the amount of $30,000.00,
to provide Cognitive Behavioral Intervention treatment for Family Dependency Treatment
Court clients, to be expended by June 30, 2014.
Agenda Item Number. 32
Page 140 of 225
Cobb County Tax Commissioner
Carla Jackson, Tax Commissioner
P.O. Box 649
Marietta, Georgia 30061-0649
(770) 528-8600 / fax: (770) 528-8679

TO: David Hankerson, County Manager

FROM: Carla Jackson, Tax Commissioner

This item has been electronically signed by:
Carla Jackson, Tax Commissioner


DATE: May 27, 2014


PURPOSE

To authorize acceptance of 50% of base taxes owed on outstanding taxes for Georgia Hydraulic
Cylinders, Inc., Parcel P08000296.

BACKGROUND

Georgia Hydraulic Cylinders, Inc. filed a voluntary petition for relief under Chapter 11 of Title
11 of the United States Code in the United States Bankruptcy Court, Northern District of
Georgia, Case No. 14-57226. On April 15, 2014, the Bankruptcy Case was dismissed. Georgia
Hydraulic Cylinders is now closed and their business property is currently being liquidated by
GemCap. GemCap has offered a potential tax settlement of approximately fifty cents on the
dollar for outstanding 2012, 2013 and estimated 2014 property taxes of $135,975.84. The
agreed amount payable would be $67,987.92 for tax years 2012, 2013 and 2014. If Cobb
County does not consent to this agreement, no payment will be received and most if not all
business assets will be unavailable.

FUNDING

N/A








Comm. Dist.

All
Agenda Item Number. 33
Page 141 of 225



RECOMMENDATION

The Board of Commissioners authorize acceptance of 50% of base taxes owed on outstanding
taxes for Georgia Hydraulic Cylinders, Inc., Parcel P08000296; authorize write-off of the
remaining balance; approve the settlement of personal property taxes for 2012, 2013 and
estimated 2014, in the amount of $67,987.92; approve the acknowledgment agreement; and
further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Georgia Hydraulic Cylinders, Inc Acknowledgement
Agenda Item Number. 33
Page 142 of 225
Page 143 of 225
Page 144 of 225
Page 145 of 225
Page 146 of 225
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: May 27, 2014


PURPOSE

To authorize the correction of a scrivener's error in the minutes of the Board of Commissioners
Zoning Hearing of April 15, 2014 regarding LUP-14, Early Education, LLC.

BACKGROUND

On April 1, 2014, the Planning Commission recommended approval of LUP-14, Early
Education, LLC, stipulating a maximum of 25 children and for inclusion on the Board of
Commissioners Zoning Hearing Consent Agenda.
On April 15, 2014, the Board of Commissioners approved LUP-14 as part of the Consent
Agenda. However, after the reading LUP-14 into the record, the stipulation regarding
maximum number of children was amended to allow the number of children be determined by
the State code and Fire code. However, the verbiage stating that the maximum number of
children be limited to 25 was inadvertently included in the minutes.

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners authorize the correction of a scrivener's error in the minutes of the
Board of Commissioners Zoning Hearing of April 15, 2014 regarding LUP-14, Early
Education, LLC, wherein the maximum number of children should be determined by the State
code and Fire code.

ATTACHMENTS
Correction to April 15, 2014 BOC Zoning Minutes
Comm. Dist.

4
Agenda Item Number. 34
Page 147 of 225
MINUTES OF ZONING HEARING
COBB COUNTY BOARD OF COMMISSIONERS
APRIL 15, 2014
PAGE 5


CONSENT CASES (CONT.)

Z-17 CRP EAH MD, L.L.C. (CONT.)

Item No. 24 – add to end: “Smooth, finished side of fence to face
exterior of the project.”
Add Item No. 26 – strike: “as necessary.”
• Fire Department comments and recommendations
• Water and Sewer Division comments and recommendations
• Stormwater Management Division comments and recommendations
• Cobb DOT comments and recommendations
• Owner/developer to enter into a Development Agreement pursuant to
O.C.G.A. §36-71-13 for dedication of system improvements to mitigate
traffic concerns

LUP-14 EARLY EDUCATION, LLC (owner) requesting a Land Use Permit for the
purpose of a Daycare Center in Land Lots 50, 51, 94 and 95 of the 17
th
District.
Located on the west side of Hurt Road, north of Plantation Road (488 Hurt Road).

To approve Land Use Permit for 24 months subject to:

• Maximum 25 children number of children per State code and Fire code
• Fire Department comments and recommendations
• Stormwater Management Division comments and recommendations
• Cobb DOT comments and recommendations

SLUP-4 NEW CINGULAR WIRELESS PCS, LLC (1965 Vaughn, LLC, owner)
requesting a Special Land Use Permit for the purpose of a Wireless
Communications Tower in Land Lots 173 and 174 of the 20
th
District. Located
on the northwest side of Vaughn Road, north of Roberts Boulevard (1965 Vaughn
Road).

To approve Special Land Use Permit subject to:

• Site plan received by the Zoning Division February 6, 2014 (attached and
made a part of these minutes)
• Cobb County’s consultant’s report, not otherwise in conflict (attached and
made a part of these minutes)
• Height of the tower not to exceed 100 feet
• Approval from the FAA and/or the McCollum Air Field Manager that
the proposed tower is not an object affecting navigable airspace
• Cobb DOT comments and recommendations

CONSENT VOTE: ADOPTED 4-0, Lee absent
Page 148 of 225
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: May 27, 2014


PURPOSE

To approve the minutes of the following meetings:

May 12, 2014 - Special Called Meeting/Agenda Work Session
May 13, 2014 - Regular Meeting of the Board
May 20, 2014 - BOC Zoning Hearing (provided under separate cover)

ATTACHMENTS
Agenda Work Session minutes
Regular Meeting minutes
Comm. Dist.

All
Agenda Item Number. 35
Page 149 of 225


MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION
COBB COUNTY BOARD OF COMMISSIONERS
MAY 12, 2014
9:00 A.M.



Upon notice duly advertised, the Cobb County Board of Commissioners attended
a Special Called Meeting/Agenda Work Session on Monday, May 12, 2014 which began
at 9:03 a.m. in the 3
rd
floor conference room, 100 Cherokee Street, Marietta, Georgia, for
the purpose of receiving information and participating in discussion regarding the May
13, 2014 agenda. Present and comprising a quorum of the Board were:


Chairman Tim Lee
Commissioner JoAnn Birrell
Commissioner Lisa Cupid
Commissioner Helen Goreham
Commissioner Bob Ott




No official action was taken by the Board.





ADJOURNMENT

The discussion concluded at 9:14 a.m.



_____________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 150 of 225

MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
9:00 A.M.



The Regular Meeting of the Cobb County Board of Commissioners was held on
Tuesday, May 13, 2014 at 9:00 a.m. in the second floor public meeting room in the Cobb
County Building, Marietta, Georgia. Present and comprising a quorum of the Board
were:

Chairman Tim Lee
Commissioner JoAnn Birrell
Commissioner Lisa Cupid
Commissioner Helen Goreham
Commissioner Bob Ott


1. CALL TO ORDER – CHAIRMAN LEE

Chairman Lee called the meeting to order at 9:09 a.m.

2. PRESENTATION OF PROCLAMATION RECOGNIZING THE PUBLIC
SAFETY AGENCIES IN COBB COUNTY FOR THEIR ASSISTANCE
DURING THE JANUARY 2014 WINTER STORM

Ms. Kathleen Angelucci, Chair of the Cobb County Board of Education, along
with Mr. Randy Scamihorn, Vice Chair, presented a proclamation recognizing the public
safety agencies in Cobb County for their assistance during the January 2014 winter storm.

3. PRESENTATION OF PROCLAMATION TO CHRISTY GARVIN IN
RECOGNITION OF HER PRESIDENTIAL AWARD FOR EXCELLENCE
IN SCIENCE TEACHING

Commissioner Goreham presented the following proclamation to Ms. Christy
Garvin, in recognition of her receiving the Presidential Award for Excellence in Science
Teaching:

WHEREAS Christy Garvin, a teacher at Vaughan Elementary School and self-
proclaimed nature lover, was honored with the Presidential Award
for Excellence in Science Teaching. She was one of only 102
teachers to be named a winner in 2012 and the only science teacher
in Georgia; and

WHEREAS Garvin’s motto is “I will help you learn to dream and set goals,
show you that your dreams can be a reality and then equip you
with the attitudes and skills necessary to achieve those dreams.”
She has been a teacher in Cobb for more than 20 years, including
more than 15 years at Vaughan, teaching gifted classes to fourth
and fifth graders; and

WHEREAS Believing the future of science education lies outside of the
traditional classroom environment, Garvin often takes students
outdoors and lets them learn with their hands. They learn about
outdoor survival, aviation, early space history and water
conservation. Instead of assigning chapters of a book to her
students, she teaches “science by inquiry,” challenging them to
figure out how things work by giving them the freedom to explore;
and
Page 151 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 2


3. PRESENTATION OF PROCLAMATION TO CHRISTY GARVIN IN
RECOGNITION OF HER PRESIDENTIAL AWARD FOR EXCELLENCE
IN SCIENCE TEACHING (CONT.)

WHEREAS Garvin has a pilot’s license, is scuba certified and has made it
through the final rounds to be trained as a teacher astronaut for
NASA three times. She has also been recognized by the American
Institute of Aeronautics and Astronautics with the Aeronautics
Educator Award in 2010 and as Georgia Science Teacher of the
Year in 2003; now

THEREFORE We, the Cobb County Board of Commissioners, do hereby honor
Christy Garvin for the tremendous impact she has had on the
community and helping build a promising future. Sparking and
kindling a love for science, she inspires our youth to become the
next generation of influential scientists and innovators.

This, the 13
th
day of May, 2014.

4. PRESENTATION OF THE 2014 MARTHA LOGUE EXCELLENCE IN
LEADERSHIP AWARD ON BEHALF OF THE COBB EXCEL ALUMNI
ASSOCIATION

The Board of Commissioners, County Manager David Hankerson, and members
of the EXCEL Alumni Association presented the 2014 Martha Logue Excellence in
Leadership Award to Mr. Bill Shelton, Transportation.

5. PRESENTATION OF PROCLAMATION DESIGNATING MAY 15, 2014
AS MEALS ON WHEELS DAY IN COBB COUNTY

Commissioner Goreham presented the following proclamation to Ms. Jessica Gill,
Director of Senior Services, designating May 15, 2014 as Meals on Wheels Day in Cobb
County:

WHEREAS On March 22, 1972, President Richard Nixon signed into law a
measure that amended the Older Americans Act of 1965 and
established a national nutrition program for seniors 60 years and
older; and

WHEREAS It is the mission of Cobb Senior Services to improve the quality of
life for older Adults and to further provide a core foundation of
supports to improve and maintain health, wellness and
independence in later life which allows older individuals to remain
independent, at home and in the Cobb community; and

WHEREAS Adequate nutrition plays an integral role in keeping adults healthy
and independent as they age; can prevent hunger, malnutrition,
reduce the risk of and presence of chronic diseases and related
disabilities, maintain the immune system and support better mental
and physical health; and

WHEREAS Several million older adults in the U.S. lack access to the food
needed to sustain health and reduce the risk of disability and
Georgia has the 7
th
highest rate of food insecurity; and
Page 152 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 3

5. PRESENTATION OF PROCLAMATION DESIGNATING MAY 15, 2014
AS MEALS ON WHEELS DAY IN COBB COUNTY (CONT.)

WHEREAS Cobb Senior Services has served the nutritional needs of the older
adults in Cobb County since 1972, assigns a care manager to every
individual, assesses their nutritional risk and needs for community
support, and has dedicated volunteers who deliver approximately
200 meals daily through the Meals on Wheels Program; and

WHEREAS Delivery of the meals also provides the needed human touch which
effectively combats loneliness and isolation and provides a way to
maintain a daily watch on the status of Meals on Wheels recipients
in Cobb County; and

WHEREAS The Cobb Senior Services Meals on Wheels program deserves
recognition for the contributions made to Cobb County citizens
and in recognition that May is National Older American Month;
now

THEREFORE The Cobb County Board of Commissioners do hereby proclaim
May 15, 2014 as Meals on Wheels Day. In recognition and support
of Meals on Wheels day, we collectively agree to assist in the
delivery of meals on selected Meals on Wheels routes and urge
every citizen to take time on May 15
th
to honor the Cobb Senior
Services Meals on Wheels program, the seniors who are served
and the volunteers who care for them.

This, the 13
th
day of May, 2014.

6. PRESENTATION OF PROCLAMATION TO LIFELINK OF GEORGIA
DESIGNATING THE MONTH OF APRIL 2014 AS DONATE LIFE
MONTH IN COBB COUNTY

Chairman Lee presented the following proclamation to MaryAnn Main of
LifeLink of Georgia, designating the month of April 2014 as Donate Life Month in Cobb
County:

WHEREAS One of the most meaningful gifts we can give one another is the
gift of life. The need for donations continues to grow daily, and a
new patient is added to the national waiting list for an organ
transplant every 11 minutes. Thousands of men, women and
children await life-saving and life enhancing organ transplants in
Georgia; and

WHEREAS More than one hundred thousand Americans await donation on the
Organ Procurement and Transplantation Network waiting list,
including thousands of Georgians. Many will receive a lifesaving
transplant, but for some, help will not come fast enough. Their
lives depend on the compassion of a loved one or a complete
stranger. Across our country, we face a shortage of donors and an
average of 18 people die daily while waiting for available donor
organs; and

WHEREAS We must respond with the spirit of generosity that has always
defined our national character. As Americans, we can demonstrate
our commitment to one another in the most difficult of
circumstances through organ, tissue, stem cell and blood donation.
One donor can potentially save up to 60 people; and
Page 153 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 4


6. PRESENTATION OF PROCLAMATION TO LIFELINK OF GEORGIA
DESIGNATING THE MONTH OF APRIL 2014 AS DONATE LIFE
MONTH IN COBB COUNTY (CONT.)

WHEREAS Becoming a donor is simple: join the state's donor registry, indicate
your decision on your driver's license and inform loved ones of
your decision. There is no age limit for donors. We commend the
more than 347,000 Cobb County residents that are registered organ
donors; now

THEREFORE We, the Cobb County Board of Commissioners, commend
LifeLink of Georgia’s lifesaving mission. We encourage health
care professionals, volunteers, educators, government agencies,
faith-based and community groups and private organizations to
join forces to boost the number of donors in our community.
Together, we can save lives and give hope to countless American
families.

This, the 13
th
day of May, 2014.

7. PRESENTATION OF PROCLAMATION TO COBB AND DOUGLAS
PUBLIC HEALTH, DESIGNATING THE MONTH OF MAY 2014 AS
ASTHMA AWARENESS MONTH IN COBB COUNTY

Chairman Lee presented the following proclamation to Ms. Sonja Motes of Cobb
and Douglas Public Health, designating the month of May 2014 as Asthma Awareness
Month in Cobb County:

WHEREAS Asthma has reached epidemic proportions in the United States,
affecting about 22.2 million people. Asthma is a long term
inflammatory disease in which the airways of the lungs constrict,
causing breathlessness, chest tightness and coughing; and

WHEREAS In Georgia 12 percent of children ages birth to 17 years old have
asthma. It is one of the leading causes of childhood
hospitalizations and school absenteeism, accounting for nearly
14.5 million lost work days; and

WHEREAS Each year, almost two million people are rushed to the emergency
room and nearly 4,000 people die from asthma. Secondhand smoke
worsens asthma in both children and adults; and

WHEREAS Exposure to allergens and irritants such as dust mites, mold,
cockroaches, pets and smoke can trigger an episode. There are
simple steps people can take to reduce exposure to environmental
asthma triggers in schools, hospitals and in the home; now

THEREFORE We, the Cobb County Board of Commissioners, do hereby
proclaim May as Asthma Awareness and encourage residents to
identify and reduce their exposure to triggers and incorporate
environmental controls into their asthma management plans.

This, the 13
th
day of May, 2014.
Page 154 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 5


8. PRESENTATION OF PROCLAMATION TO FOOD ALLERGY KIDS OF
ATLANTA, INC., DESIGNATING THE WEEK OF MAY 11-17, 2014 AS
FOOD ALLERGY AWARENESS WEEK IN COBB COUNTY

Chairman Lee presented the following proclamation to Ms. Karen Harris,
President and Founder of Food Allergy Kids of Atlanta, Inc., designating the week of
May 11-17, 2014 as Food Allergy Awareness Week in Cobb County:

WHEREAS Food allergies can be life threatening. Food allergies are increasing
in prevalence and affect approximately 15 million Americans;
including six million children; and

WHEREAS There is no cure for food allergies. Strict avoidance is the only way
to prevent a reaction. Anaphylaxis is a serious allergic reaction that
is rapid in onset and requires immediate medical treatment,
including an injection of epinephrine and treatment in a hospital
emergency room. If not treated promptly, anaphylaxis can be fatal;
and

WHEREAS Eight foods account for 90 percent of all food-allergic reactions:
milk, eggs, peanuts, tree nuts, wheat, soy, fish and shellfish. Even
small amounts of a food allergen can cause a reaction; and

WHEREAS Eating away from home can pose a significant risk to people
affected by food allergies. Research suggests that close to half of
fatal food allergy reactions are triggered by food served by a
restaurant or other food service establishment; and

WHEREAS Food Allergy Kids of Atlanta is dedicated to educating the general
public, schools and restaurants in Georgia communities about life
threatening allergic reactions, risk management procedures and
how to enact an emergency action plan; now

THEREFORE We, the Cobb County Board of Commissioners, do hereby
proclaim May 11-17, 2014 as Food Allergy Awareness Week in
Cobb County and encourage all residents to become aware of the
dangers of food allergies and how to successfully manage them to
promote a safer, healthier community.

This, the 13
th
day of May, 2014.
Page 155 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 6


9. CONSENT AGENDA

MOTION: Motion by Lee, second by Cupid, 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

9A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 3 TO THE
AGREEMENT WITH ADS LLC FOR COLLECTION SYSTEM
FLOW MONITORING SERVICES - WATER SYSTEM

To approve Supplemental Agreement No. 3 with ADS LLC, in an amount
not to exceed $142,400.00, for Collection System Flow Monitoring
Services – Program No. C0124; authorize the corresponding budget
transactions; and further authorize the Chairman to execute the
necessary documents.

Funding is available in the Water System’s Adopted CIP Budget as
follows:

Increase Encumbrance:
GAE 510041211301
510-500-5752-8225 C0124-E $142,400.00

Transfer from:
Collection System Flow Monitoring Services
Preliminary Estimate:
510-500-5752-8005 C0124-Z $142,400.00

Transfer to:
Collection System Flow Monitoring Services
Engineering Basic Fees
510-500-5752-8225 C0124-E $142,400.00

9B. CONVEYANCE OF A SMALL PORTION OF PARCEL
20016500080 IN LAND LOT 165 OF THE 20TH DISTRICT TO THE
CITY OF KENNESAW AND APPROVAL OF AGREEMENT
GRANTING A DRAINAGE EASEMENT ACROSS A SECOND
PORTION OF THE SAME PARCEL - WATER SYSTEM

To convey by quit claim deed all County rights and title associated with a
small portion of parcel 20016500080 in Land Lot 165 of the 20th District
of Cobb County to the City of Kennesaw, approve an agreement granting
a drainage easement across a second portion of the same parcel to the City
of Kennesaw, and authorize the Chairman to execute the necessary
documents
Page 156 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 7

9. CONSENT AGENDA (CONT.)

WATER SYSTEM AGENCY (CONT.)

Engineering (cont.)

9C. APPROVAL OF CONSTRUCTION CONTRACT WITH G. S.
CONSTRUCTION, INC. FOR THE COCHRAN ROAD AREA
WATER MAIN REPLACEMENT - WATER SYSTEM

To approve a construction contract with G. S. Construction, Inc. in the
amount of $476,210.00, for the Cochran Road Area Water Main
Replacement, Program No. W2256; authorize the corresponding budget
transactions; and further authorize the Chairman to execute the
necessary documents.

Funding is available in the Water System’s CIP Budget as follows:

Transfer from:
Cochran Road Area Water Main Replacement
Preliminary Estimates 510-500-5754-8005 W2256-Z $496,910.00

Transfer to:
Cochran Road Area Water Main Replacement
Construction 510-500-5754-8260 W2256-C $476,210.00
Interest Expense on Retainage
510-500-5754-6613 W2256-A $ 1,200.00
Materials and Supplies
510-500-5754-8265 W2256-M $ 10,000.00
Contingency 510-500-5754-8810 W2256-T $ 9,500.00

Total $496,910.00

9D. APPROVAL OF CONSTRUCTION CONTRACT WITH RDJE,
INC. FOR CHIMNEY SPRINGS PHASE 3 WATER MAIN
REPLACEMENT - WATER SYSTEM

To approve a construction contract with RDJE, Inc., in the amount of
$1,438,965.00, for Chimney Springs Phase 3 Water Main Replacement,
Program No. W2251; authorize the corresponding budget transactions;
and further authorize the Chairman to execute the necessary documents.

Transfer from:
Chimney Springs Phase 3 Water Main Replacement
Preliminary Estimates
510-500-5754-8005 W2251-Z $ 800,000.00

Unidentified New/Replacement Water Mains
Preliminary Estimates
510-500-5754-8005 W1503-Z $ 681,365.00

Total $1,481,365.00

Page 157 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 8

9. CONSENT AGENDA (CONT.)

WATER SYSTEM AGENCY (CONT.)

Engineering (cont.)

9D. APPROVAL OF CONSTRUCTION CONTRACT WITH RDJE,
INC. FOR CHIMNEY SPRINGS PHASE 3 WATER MAIN
REPLACEMENT - WATER SYSTEM (CONT.)

Transfer to:
Chimney Springs Phase 3 Water Main Replacement
Construction 510-500-5754-8260 W2251-C $1,438,965.00
Interest Expense on Retainage
510-500-5754-6613 W2251-A $ 3,600.00
Materials and Supplies
510-500-5754-8265 W2251-M $ 10,000.00
Contingency 510-500-5754-8810 W2251-T $ 28,800.00

Total $1,481,365.00

9E. APPROVAL OF NOVATION AGREEMENT WITH JORDAN,
JONES AND GOULDING, INC. AND JACOBS ENGINEERING
GROUP, INC. FOR THE SOUTH COBB TUNNEL - WATER
SYSTEM

To approve a Novation Agreement with Jordan, Jones and Goulding, Inc.
and Jacobs Engineering Group, Inc., for the South Cobb Tunnel, Program
No. S3017; and authorize the Chairman to execute the necessary
documents.

Stormwater

9F. APPROVAL OF CHANGE ORDER NO. 2 TO THE
CONSTRUCTION CONTRACT WITH CHATFIELD
CONTRACTING, INC. FOR A PROJECT IN THE VICINITY OF
2710 WYNFORD AVENUE - WATER SYSTEM

To approve Change Order No. 2 to the construction contract with
Chatfield Contracting, Inc., in the amount of $5,971.80, for a project in the
vicinity of 2710 Wynford Avenue, Program No. SW1355; authorize the
corresponding budget transactions; and further authorize the Chairman
to execute the necessary documents.

Funding is available in the Water System's CIP Budget as follows:

Increase Encumbrance:
GAE 500 510102312404
510-500-5758-6496 SW1355-C $5,971.80

Transfer from:
Stormwater Multi-Year Budget
Drainage Contract R&M Service
510-500-5758-6496 SW9999-Z $5,971.80

Transfer to:
2710 Wynford Avenue
Drainage Contract R&M Service
510-500-5758-6496 SW1355-C $5,971.80
Page 158 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 9

9. CONSENT AGENDA (CONT.)

TRANSPORTATION AGENCY

Administration

9G. AMENDMENT OF SOMETHING PREVIOUSLY ADOPTED
REGARDING CONDEMNATION PROCEEDINGS ON TWO
PARCELS ON FLOYD ROAD – TRANSPORTATION

To amend a previously adopted action regarding condemnation
proceedings on two parcels on Floyd Road, Project No. E6010, by
increasing the areas of required easement acquisition; adopt a Resolution
and Order; and authorize the Chairman to execute the necessary
documents.

Parcel No. 8
Pilgrim Square, LLC 5,934.61 sq. ft. fee simple right-of-way
1576 Ashforde Drive 600.00 sq. ft. perm. const. easement
Marietta, GA 30068 2,478.30 sq. ft. temp. const. easement
1,850.36 sq. ft. driveway easement

Parcel No. 11
CNL APF Partners, LP 806.33 sq. ft. fee simple right-of-way
8377 E. Hartford Drive 968.08 sq. ft. temp. const. easement
Suite 200 1,806.80 sq. ft. driveway easement
Scottsdale, AZ 85255

9H. 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 SEVEN PARCELS ON PINE
MOUNTAIN ROAD– TRANSPORTATION

To determine that circumstances are such that it is necessary to proceed
with condemnation proceedings by Declaration of Taking under O.C.G.A.
§32-3-4, et seq.; authorize the commencement of condemnation
proceedings on seven parcels on Pine Mountain Road, Project No. E6030;
adopt a Resolution and Order; and further authorize the Chairman to
execute the necessary documents.

Parcel No. 1
James L. Miller and 2,756.97 sq. ft. temp. const. easement
Theresa L. Miller
2000 Signal Ridge Chase
Kennesaw, GA 30152

Parcel No. 2
John Hobbs 533.30 sq. ft. temp. const. easement
1830 Pine Mountain Road 680.00 sq. ft. driveway easement
Kennesaw, GA 30152

Parcel No. 7
Robert Wade Ellis and 2,544.86 sq. ft. temp. const. easement
Debra E. Ellis
1875 Pine Mountain Road
Kennesaw, GA 30152
Page 159 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 10

9. CONSENT AGENDA (CONT.)

TRANSPORTATION AGENCY (CONT.)

Administration (cont.)

9H. 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 SEVEN PARCELS ON PINE
MOUNTAIN ROAD– TRANSPORTATION (CONT.)

Parcel No. 17
Robert K. Tilton and 1,233.33 sq. ft. perm. drainage easement
Sandra Tilton 1,205.71 sq. ft. temp. const. easement
2941 Country Court
Kennesaw, GA 30152

Parcel No. 18
Carrie Fountain 3,667.10 sq. ft. perm. drainage easement
2940 Country Court 1,710.35 sq. ft. temp. const. easement
Kennesaw, GA 30152

Parcel No. 19
Patti S. Holt and 1,245.65 sq. ft. perm. drainage easement
Timothy E. Holt 870.21 sq. ft. temp. const. easement
2930 Country Court
Kennesaw, GA 30152

Parcel No. 36
Deborah Lynn Ingram 1,811.10 sq. ft. fee simple right-of-way
2201 Pine Mountain Road 4,770.90 sq. ft. temp. const. easement
Kennesaw, GA 30152 2,150.00 sq. ft. driveway easement

9I. DETERMINATION THAT CIRCUMSTANCES ARE SUCH THAT
IT IS NECESSARY TO PROCEED WITH CONDEMNATION
PROCEEDINGS BY DECLARATION OF TAKING UNDER
O.C.G.A. §32-3-4, ET SEQ., ON ONE PARCEL ON WALKER
DRIVE EXTENSION – TRANSPORTATION

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

Parcel No. 3/4
Clarence Keith Barton and 0.579 total take
David Douglas Barton
5311 Church Street
Mableton, GA 30126
Page 160 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 11

9. CONSENT AGENDA (CONT.)

TRANSPORTATION AGENCY (CONT.)

Airport

9J. APPROVAL OF U. S. CUSTOMS AND BORDER PROTECTION
MEMORANDUM OF AGREEMENT FOR COSTS RELATED TO
PROVIDING INFORMATION TECHNOLOGY SERVICES FOR
THE PROPOSED CUSTOMS INSPECTION FACILITY AT COBB
COUNTY AIRPORT-MCCOLLUM FIELD – TRANSPORTATION

To approve a U. S. Customs and Border Protection Memorandum of
Agreement (MOU), in an amount not to exceed $95,224.00, to reimburse
CBP for costs related to providing information technology services for the
proposed customs inspection facility at Cobb County Airport-McCollum
Field, Project No. TR467; and authorize the Chairman to execute the
necessary documents. A copy of the Memorandum of Agreement is
attached and made a part of these minutes.

Funding: Appropriate the receipt of funding from AEJC to the Capital
Projects Fund as follows:

Increase Revenue Appropriation:
380-050-4620-4918 $95,224.00

Increase Expense Appropriation:
380-050-4620-8481 $95,224.00

9K. APPROVAL OF GRANT CONTRACT WITH THE GEORGIA
DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION
OF THE NEW AIR TRAFFIC CONTROL TOWER AT COBB
COUNTY AIRPORT–MCCOLLUM FIELD – TRANSPORTATION

To approve a Grant Contract with the Georgia Department of
Transportation for construction of the new air traffic control tower at Cobb
County Airport–McCollum Field, and authorize the Chairman to execute
the necessary documents.

Planning

9L. AUTHORIZATION TO SUBMIT AN FY14 NATIONAL
INFRASTRUCTURE GRANT APPLICATION TO THE UNITED
STATES DEPARTMENT OF TRANSPORTATION FOR CAPITAL
PROJECTS – TRANSPORTATION

To authorize the submission of a FY14 National Infrastructure Grant
application to the United States Department of Transportation for capital
projects.
Page 161 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 12


9. CONSENT AGENDA (CONT.)

TRANSPORTATION AGENCY (CONT.)

Transit

9M. APPROVAL OF COBB COMMUNITY TRANSIT
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM GOAL
FOR FISCAL YEARS 2015-2017 – TRANSPORTATION

To approve the Cobb Community Transit (CCT) Disadvantaged Business
Enterprise (DBE) program goal of five percent for Fiscal Years 2015-
2017.

9N. ADOPTION OF RESOLUTION AUTHORIZING THE
SUBMISSION OF AMENDMENT NO. 1 TO THE FY14 FEDERAL
TRANSIT ADMINISTRATION SECTION 5337 GRANT
APPLICATION FOR TRANSIT CAPITAL AND OPERATING
RELATED PROJECTS – TRANSPORTATION

To adopt a resolution authorizing the submission of Amendment No. 1 to
the FY14 Federal Transit Administration Section 5337 Grant application
(Grant No. GA-54-0002), in an amount not to exceed $459,042.00, for
transit capital and operating related projects; authorize the corresponding
budget transactions; and further authorize the Chairman to execute the
necessary documents. Copies of said resolution and Project List are
attached and made a part of these minutes.

Funding: Local funding is available in the Transit Division's FY14
Operating Budget as follows:

200-050-4802-4960 (General Fund Subsidy) $199,019.00
200-050-4802-6327 (Operator Service Fee-Transit) $199,019.00

Additional Federal funding is available in the Transit Division's FY14
approved Operating Budget with the following appropriation of FY14
FTA Section 5337 grant funds:

Increase Revenue Appropriation:
200-050-4802-4448 (FTA 5337-State of Good Repair) $159,215.00

Decrease Revenue Appropriation:
200-050-4802-4960 (General Fund Contribution-Transit) $159,215.00

Reallocate the reduced General Fund Contribution for use as local match
to the Transit Capital Projects Fund as follows:

Increase Appropriations:
202-050-4826-4960/8005 (Local Match-Center Improv) $ 20,000.00
202-050-4864-4960/8005 (Local Match-Center Equip) $ 20,000.00
202-050-4851-4960-8005 (Local Match-FR Buses) $ 12,005.00
202-050-4899-4960/8005 (Local Match-Contingency) $107,210.00
Page 162 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 13

9. CONSENT AGENDA (CONT.)

TRANSPORTATION AGENCY (CONT.)

Transit (cont.)

9N. ADOPTION OF RESOLUTION AUTHORIZING THE
SUBMISSION OF AMENDMENT NO. 1 TO THE FY14 FEDERAL
TRANSIT ADMINISTRATION SECTION 5337 GRANT
APPLICATION FOR TRANSIT CAPITAL AND OPERATING
RELATED PROJECTS – TRANSPORTATION (CONT.)

Additional Federal funding is available in the Transit Capital Projects
Fund Budget with the following appropriation of FY14 FTA Section 5337
grant funds:

Increase Appropriations:
202-050-4826-4448/8005 (FTA 5337-Center Improv) $ 80,000.00
202-050-4864-4448/8005 (FTA 5337-Center Equip) $ 80,000.00
202-050-4851-4448/8005 (FTA 5337-FR Buses) $ 48,018.00

PUBLIC SERVICES AGENCY

Senior Services

9O. APPROVAL OF THIRD AMENDMENT CONTRACT NO.
AG1402.3 WITH THE ATLANTA REGIONAL COMMISSION FOR
THE PERIOD OF JULY 1, 2013 TO JUNE 30, 2014 – SENIOR
SERVICES

To approve the Third Amendment Contract No. AG1402.3 with the
Atlanta Regional Commission for Title III-B, Title III-C1, Title III-C2,
Title III-E, Alzheimer’s, CBS-HCBS, CBS-Respite, NSIP Federal, NSIP
State, and ITCK for the period of July 1, 2013 to June 30, 2014; authorize
the corresponding budget transactions; and further authorize the
Chairman to execute the necessary documents.

Funding for the 2014 ARC Grant Contract is budgeted in the Senior
Services Department Grant Fund 273. This amendment further increases
the total grant award amount as reflected below.

Original Grant Allocation BOC 6-25-13 Item 4-9 $1,532,952.00

First Amendment BOC 10-8-13 Item 3-12
Decrease $121,763.00 = $1,411,189.00

Second Amendment BOC 3-11-14 Item 12-I
Decrease $106,185.00 = $1,305,004.00

Third Amendment
Increase $154,673.00 = $1,459,677.00

Increase Grant Budget Revenue/Expenditure:

Various Revenue & Operating Expense
273-300-SG14-TBD $ 154,673.00
Page 163 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 14

9. CONSENT AGENDA (CONT.)

SUPPORT SERVICES AGENCY

Information Services

9P. APPROVAL OF FUNDING TO MAKE BUSINESS LICENSE
APPLICATIONS AND RENEWALS, ONLINE PERMITS, AND
PLAN REVIEW ACTIVITIES OF THE COMMUNITY
DEVELOPMENT AGENCY AVAILABLE VIA THE INTERNET
AND TO IMPLEMENT A HIGH SPEED REMITTANCE
SOLUTION TO AUTOMATE LICENSE RENEWAL PROCESSES
– INFORMATION SERVICES

To approve funding, in the amount of $724,500.00, to: (1) make business
license applications and renewals, online permits, and plan review
activities of the Community Development Agency available via the
Internet; (2) implement a high speed remittance solution to automate
license renewal processes; and authorize the corresponding budget
transactions.

Funding is available through a fund balance appropriation in the General
Fund and a subsequent transfer to the project in the Capital Projects Fund
as follows:

Increase Revenue:
010-014-0140-4980 (Fund Balance Appr.) $724,500.00

Increase Expenditure:
010-014-0140-6594 (Transfers Out) $724,500.00

Increase Revenue:
380-035-4505-4960 (Project Transfers In) $724,500.00

Increase Expenditure:
380-035-4505-8005 (Prelim. Estimates) $724,500.00

9Q. APPROVAL OF CHANGE ORDER NO. 1 TO THE WORK
AGREEMENT WITH HARVEST TECHNOLOGY GROUP, INC.
FOR THE ONBASE ENTERPRISE CONTENT MANAGEMENT
SYSTEM– INFORMATION SERVICES

To approve Change Order No. 1, in an amount not to exceed
$497,364.00, to the Work Agreement with Harvest Technology Group,
Inc. for the OnBase Enterprise Content Management System for
professional services and software licenses to add five additional projects
designed to automate and improve existing work processes; authorize the
corresponding budget transactions; and further authorize the Chairman
to execute the necessary documents.

Funding: Available through a fund balance appropriation in the General
Fund and a subsequent transfer to the project in the Capital Projects Fund
as follows:

Increase Revenue:
010-014-0140-4980 (Fund Balance Appr.) $ 337,081.92
Increase Expenditure:
010-014-0140-6594 (Transfers Out) $ 337,081.92
Page 164 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 15

9. CONSENT AGENDA (CONT.)

SUPPORT SERVICES AGENCY (CONT.)

Information Services (cont.)

9Q. APPROVAL OF CHANGE ORDER NO. 1 TO THE WORK
AGREEMENT WITH HARVEST TECHNOLOGY GROUP, INC.
FOR THE ONBASE ENTERPRISE CONTENT MANAGEMENT
SYSTEM– INFORMATION SERVICES (CONT.)

Increase Revenue:
380-035-4579-4960 (Project Transfers In) $ 337,081.92
Increase Expenditure:
380-035-4579-8676 (Professional Svcs.) $ 337,081.92

Transfer within Capital Projects Fund to create new unit for ECM/OnBase
and move previously approved funding to new unit:

Transfer from:
380-035-4482-4960/8005 (Tech Infrastructure Project) $1,000,000.00
Transfer to:
380-035-4579-4960/8005 (ECM/OnBase Project) $1,000,000.00

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

Transfer from:
345-050-E000-E0000-8761-E0000-C $ 20,516.00
Transfer to:
345-050-E000-E0000-8676-E0000-P $ 20,516.00

Available in the Water System’s CIP Budget as follows:

Increase Encumbrance:
GAE 500 5100709130413
510-500-5752-8675-C0131-P $ 72,508.56

Transfer from:
Miscellaneous Professional Services Program
Preliminary Estimates
510-500-5752-8005-C0113-Z $ 72,508.56

Transfer to:
Onbase Module Impl & Expansion
Computer Software 510-500-5752-8675-C0131-P $ 72,508.56

Available through the Fire Fund’s Fund Balance with the following
appropriations:

Increase Revenue:
230-130-1000-4980 (Fund Bal-Designated Appr.) $ 67,257.52
Increase Expenditure:
230-130-1000-8675 (Computer Software) $ 67,257.52
Page 165 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 16

9. CONSENT AGENDA (CONT.)

SUPPORT SERVICES AGENCY (CONT.)

Information Services (cont.)

9R. APPROVAL OF UPGRADES TO THE COMMUNICATIONS
NETWORK SERVING PARKS, RECREATION AND CULTURAL
AFFAIRS FACILITIES – INFORMATION SERVICES

To approve upgrades to the communications network serving Parks,
Recreation and Cultural Affairs facilities to be provided by Comcast
Business Communications, LLC; authorize one-time purchases of capital
equipment and software, in an amount not to exceed $204,855.00; and
further authorize the corresponding budget transactions.

Funding is available through a fund balance appropriation in the General
Fund and a subsequent transfer to the project in the Capital Projects Fund
as follows:

Increase Revenue:
010-014-0140-4980 (Fund Balance Appr.) $214,240.00
Increase Expenditure:
010-014-0140-6594 (Tranfers Out) $214,240.00

Increase Revenue:
380-035-4584-4960 (Project Transfers In) $214,240.00
Increase Expenditure:
380-035-4584-8410 (Data Commun.) $214,240.00

PUBLIC SAFETY AGENCY

Police

9S. AUTHORIZATION TO APPLY FOR AND ACCEPT A BREATH
ALCOHOL TESTING INSTRUMENT FROM THE GOVERNOR’S
OFFICE OF HIGHWAY SAFETY'S GRANT PROJECT - POLICE

To authorize the application for and acceptance of an Intoxilyzer 9000
breath alcohol testing instrument from the Governor’s Office of Highway
Safety’s grant project, authorize the instrument be placed into inventory,
and further authorize the Chairman to execute the necessary documents.

9T. APPROVAL OF CLYDE ARMORY AS THE SELECTED VENDOR
FOR THE PURCHASE OF PATROL RIFLE SYSTEMS - POLICE

To approve Clyde Armory as the selected vendor for the purchase of
patrol rifle systems; authorize the purchase of 265 patrol rifle systems, in
an amount not to exceed $354,136.00; authorize the corresponding
budget transactions; and further authorize the Chairman to execute the
necessary documents.

Funding will be available with the following transfers:

Transfer from: 010-130-2100-8852 (School Bus Reserve) $354,136.00
Transfer to: 010-130-2100-8655 (Firearms & Weapons) $354,136.00
Page 166 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 17

9. CONSENT AGENDA (CONT.)

PUBLIC SAFETY AGENCY (CONT.)

Fire and Emergency Services

9U. AUTHORIZATION TO PURCHASE COMPUTER EQUIPMENT
AND SOFTWARE FOR A PILOT PROGRAM FOR THE
PURPOSE OF MANAGING AND ANALYZING EMERGENCY
RESPONSE DATA FOR USE BY FIRE AND COUNTY
MANAGEMENT - FIRE AND EMERGENCY SERVICES

To authorize the purchase of computer equipment and software, in the
amount of $34,441.00, for the implementation of a pilot program for the
purpose of managing and analyzing emergency response data for use by
Fire and County management; and further authorize the corresponding
budget appropriations.

Funding is available in the Fire Fund’s Fund Balance with the following
budget appropriations:

Increase revenue:
230-130-1000-4980 (Fund Balance-Designation Appropriation) $34,441.00

Increase expenditure:
230-130-1000-6122 (Computer Supplies) $ 382.00
230-130-1000-6258 (Accountable Items) $15,547.00
230-130-1000-6262 (Computer Software-Non-Capital) $ 1,360.00
230-130-1000-6348 (Computer Charges) $13,000.00
230-130-1000-6385 (Wireless & Portable Telephone Service) $ 3,312.00
230-130-1000-6258 (E-Learning, On-Line Education) $ 840.00

9V. AUTHORIZATION TO APPLY FOR AND ACCEPT FY14
HOMELAND SECURITY GRANT FUNDS PASSED THROUGH
THE GEORGIA EMERGENCY MANAGEMENT AGENCY/
HOMELAND SECURITY FOR CONTINUED ENHANCEMENT
OF CAPABILITIES OF THE SEARCH AND RESCUE TEAM -
POLICE

To authorize the application for and acceptance of Homeland Security
funds passed through the Georgia Emergency Management Agency
(GEMA)/Homeland Security, in the amount of $20,102.00, for
continued enhancement of capabilities of the Search and Rescue Team;
authorize the corresponding budget transactions; and further authorize
the Chairman to execute the necessary documents.

Funding is available with the following budget appropriations:

Increase revenue:
270-130-G284-4493 (GEMA) $20,102.00
Increase expenditure:
270-130-G284-6207 (Safety Supplies) $20,102.00
Page 167 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 18

9. CONSENT AGENDA (CONT.)

PUBLIC SAFETY AGENCY (CONT.)

911 Emergency

9W. AUTHORIZATION TO SUBMIT FINAL PAYMENT TO
MOTOROLA SOLUTIONS, INC. FOR THE UPGRADE AND
MAINTENANCE OF THE E-911 INTRADO PHONE SYSTEM –
911 EMERGENCY


To authorize the final payment to Motorola Solutions Inc., in the amount
of $808,800.00, for the upgrade and maintenance of the E-911 Intrado
phone system, and further authorize the corresponding budget
transactions.

Funding is available in the E-911 Fund Balance with the following budget
appropriations:

Increase revenue:
260-130-0200-4980 (E911 Fund Balance) $808,800.00

Increase expenditure:
260-130-0200-8420 (Computer Equipment) $808,800.00

COMMUNITY DEVELOPMENT AGENCY

Planning Division

9X. ADOPTION OF ANNEXATION RESPONSE PER HB489
INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING
1.7 ACRES OF LAND KNOWN AS 3494 AND 3512 HICKORY
GROVE ROAD – PLANNING DIVISION

To adopt response per HB489 Intergovernmental Agreement and HB2
regarding 1.7 acres of land known as Parcels 5 and 6 of Land Lot 48, 20
th

District, 2
nd
Section, at 3494 and 3512 Hickory Grove Road in the city of
Acworth. A copy of said response is attached and made a part of these
minutes.

9Y. ADOPTION OF ANNEXATION RESPONSE PER HB489
INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING
0.563 ACRES OF LAND KNOWN AS 4970 ROBINSON ROAD –
PLANNING DIVISION

To adopt response per HB489 Intergovernmental Agreement and HB2
regarding 0.563 acres of land known as Parcel 46 of Land Lot 5, 20
th

District, 2
nd
Section, at 4970 Robinson Road in the City of Acworth. A
copy of said response is attached and made a part of these minutes.
Page 168 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 19

9. CONSENT AGENDA (CONT.)

COMMUNITY DEVELOPMENT AGENCY (CONT.)

Planning Division (cont.)

9Z. APPROVAL OF REQUEST FROM THE CUMBERLAND
COMMUNITY IMPROVEMENT DISTRICT TO EXPAND THE
BOUNDARIES AND ADOPTION OF THE REQUIRED
EXPANSION RESOLUTION – PLANNING DIVISION

To approve the expansion of the Cumberland Community Improvement
District (CCID) boundaries, adopt the required expansion resolution, and
authorize the Chairman to execute the necessary documents. A copy of
said resolution, CCID expansion map and a list of tax parcels included in
the expansion is attached and made a part of these minutes.

ECONOMIC DEVELOPMENT

9AA. ADOPTION OF RESOLUTION AUTHORIZING THE
DEVELOPMENT AUTHORITY OF COBB COUNTY TO ISSUE
TAX-EXEMPT REVENUE BONDS FOR THE PURPOSE OF
ASSISTING NORTH COBB CHRISTIAN SCHOOL, INC. –
ECONOMIC DEVELOPMENT

To adopt a resolution from the Development Authority of Cobb County
authorizing the issuance of its Revenue Bonds, in a principal amount not
to exceed $12,750,000.00, to refinance school facilities used by North
Cobb Christian School, Inc., and authorize the Chairman to execute the
necessary documents. A copy of said resolution is attached and made a
part of these minutes.

Community Development Block Grant (CDBG)

9BB. AUTHORIZATION TO AMEND PROGRAM YEARS 2011 AND
2012 ANNUAL ACTION PLANS TO REALLOCATE
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - CDBG

To authorize an amendment to Program Years 2011 and 2012 Annual
Action Plans to reallocate Community Development Block Grant funds
from the City of Marietta's Slum and Blight to the Birney Park, Gramling
Park, and Blackwell Park projects and to the City of Marietta's Owner
Occupied Housing Rehabilitation Service Delivery, in the total amount of
$225,830.00; authorize the corresponding budget transactions; and
further authorize the Chairman to execute the necessary documents.

Funding: The following budget appropriations account for the transfer of
CDBG funds allocated for the Slum and Blight Program for the City of
Marietta to Birney Park, Gramling Park, Blackwell Park, and to the City
of Marietta's Owner Occupied Housing Rehabilitation Service Delivery:

Transfer from:
280-390-CD11-0004-0353-6574 Slum & Blight $19,995.00
Transfer to:
280-390-CD11003F-0406-6574 Birney Park $19,995.00

Page 169 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 20

9. CONSENT AGENDA (CONT.)

ECONOMIC DEVELOPMENT (CONT.)

Community Development Block Grant (CDBG) (cont.)

9BB. AUTHORIZATION TO AMEND PROGRAM YEARS 2011 AND
2012 ANNUAL ACTION PLANS TO REALLOCATE
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – CDBG
(CONT.)

Transfer from:
280-390-CD11-0004-0353-6574 Slum & Blight $67,000.00
Transfer to:
280-390-CD11-003F-0403-6574 Gramling Park $67,000.00

Transfer from:
280-390-CD11-0004-0353-6574 Slum & Blight $28,385.00
Transfer to:
280-390-CD11-003F-0404-6574 Blackwell Park $28,835.00

Transfer from:
280-390-CD12-C12M7-L-6574 Slum & Blight Clearance $91,550.00
Transfer to:
280-390-CD12-C12M8-F-6574 Blackwell Park $91,550.00

Transfer from:
280-390-CD12-C12M7-L-6574 Slum & Blight Clearance $18,450.00
Transfer to:
280-390-CD12-C12M6-F-6574
Housing Rehabilitation Service Delivery $18,450.00

9CC. AUTHORIZATION TO AMEND PROGRAM YEARS 2012 AND
2013 ANNUAL ACTION PLANS TO REALLOCATE
UNEXPENDED HOME INVESTMENT PARTNERSHIPS
PROGRAM FUNDS - CDBG

To authorize an amendment to the Program Years 2012 and 2013 Annual
Action Plans to reallocate unexpended Home Investment Partnerships
program funds; authorize the corresponding budget transactions; and
further authorize the Chairman to execute the necessary documents.

Funding: The following budget appropriations account for the transfer of
HOME Program funds allocated for various activities to the uncommitted
funding lines for Program Years 2012 and 2013:

PY 2012 Funding

Transfer from:
287-390-HM12-H12K8-C-6617 $ 55,176.00
Cherokee County CHDO – North GA
Community Housing Development Corporation

Transfer to:
287-390-HM12-H12CI-C-6617 $ 55,176.00
Cole Street Development Corporation-CHDO
Page 170 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 21

9. CONSENT AGENDA (CONT.)

ECONOMIC DEVELOPMENT (CONT.)

Community Development Block Grant (CDBG) (cont.)

9CC. AUTHORIZATION TO AMEND PROGRAM YEARS 2012 AND
2013 ANNUAL ACTION PLANS TO REALLOCATE
UNEXPENDED HOME INVESTMENT PARTNERSHIPS
PROGRAM FUNDS – CDBG (CONT.)

Transfer from:
287-390-HM12-H12KA-A-6619 $ 11,963.17
Cherokee County Program Administration

Transfer to:
287-390-HM12-H12CA-A-6617 $ 11,963.17
Cobb County Program Administration

Transfer from:
287-390-HM12-H12K5-S-6618 $193,116.00
Cherokee County Owner Occupied Housing Rehabilitation

Transfer to:
287-390-HM12-H12CL-Q-6617 $ 62,988.91
Cole Street Development Corporation

Transfer to:
287-390-HM12-H12CH-N-6618 $130,127.09
NW Georgia Habitat for Humanity-New Construction

PY2013 Funding

Transfer from:
287-390-HM13-H13K5-S-6618 $202,342.00
Cherokee County Owner Occupied Housing Rehab

Transfer to:
287-390-HM13-H13K5-S-6618 $120,615.50
NW GA Habitat for Humanity – New Construction

Transfer to:
287-390-HM13-H13CM-D-6618 $ 81,726.50
Marietta Housing Authority

Transfer from:
287-390-HM13-H13K8-C-6617 $ 57,812.00
Cherokee County CHDO – North Georgia
Community Housing Development Corporation

Transfer to:
287-390-HM13-H13CI-C-6617 $ 57,812.00
Cole Street Development Corporation
Page 171 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 22

9. CONSENT AGENDA (CONT.)

ECONOMIC DEVELOPMENT (CONT.)

Community Development Block Grant (CDBG) (cont.)

9CC. AUTHORIZATION TO AMEND PROGRAM YEARS 2012 AND
2013 ANNUAL ACTION PLANS TO REALLOCATE
UNEXPENDED HOME INVESTMENT PARTNERSHIPS
PROGRAM FUNDS – CDBG (CONT.)

Transfer from:
287-390-HM13-H13KA-A-6619 $ 14,453.00
Cherokee County Program Administration

Transfer to:
287-390-HM13-H13CA-6617 $ 14,453.00
Cobb County Program Administration

Transfer from:
287-390-HM13-H13MI-C-6617 $ 34,643.00
City of Marietta CHDO Program

Transfer to:
287-390-HM13-H13CI-C-6617 $ 34,643.00
Cole Street Development Corporation

Transfer from:
287-390-HM13-H13TI-O-6617 $ 11,547.00
City of Marietta CHDO Program

Transfer to:
287-390-HM13- H13BI-O-6617 $ 11,547.00
Cole Street Development Corporation

Transfer from:
287-390-HM13-H13M9-Q-6619 $161,665.00
City of Marietta – New Home Replacement

Transfer to:
287-390-HM13-H13CL-Q-6617 $122,776.00
Cole Street Development Corporation

Transfer to:
287-390-HM13-H13CM-D-6618 $ 38,889.00
Marietta Housing Authority

Page 172 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 23


9. CONSENT AGENDA (CONT.)

HUMAN RESOURCES

9DD. AUTHORIZATION TO APPROPRIATE GRANT FUNDS FROM
THE ASSOCIATION OF COUNTY COMMISSIONERS OF
GEORGIA INTERNSHIP PROGRAM – HUMAN RESOURCES

To authorize the appropriation of grant funds from the Association of
County Commissioners (ACCG) Internship Program, in the amount of
$3998.90; authorize reimbursement to ACCG for the amount of grant
unspent; authorize the corresponding budget transactions; and further
authorize the Chairman to execute the necessary documents.

Funding for the grant will be appropriated as follows:

Increase Revenue:
270-095-G480-4506 (Other Local Revenue) $ 3,998.90

Increase Expense:
270-095-G480-6018 (Salaries – Part time Hourly) $ 3,998.90

The Revenue and Expense budget will be adjusted down to accurately
reflect spending at the end of the internships.

9EE. AUTHORIZATION TO CREATE TWO LEGISLATIVE
POSITIONS WITHIN THE CLERK OF SUPERIOR COURT –
HUMAN RESOURCES

To authorize the reclassification of Administrative Coordinator, grade 49
(1913-019) to Executive Assistant to Clerk of Superior Court (legislative)
and Administrative Coordinator, grade 49 (1913-018) to Executive
Secretary to Clerk of Superior Court (legislative).

Funding for the remainder of the FY14 budget is available in Clerk of
Superior Court’s FY14 Personal Services Budget.

FINANCE

9FF. ADOPTION OF RESOLUTION ADOPTING ALL BUDGET
AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS
DATE – FINANCE

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

COUNTY CLERK

9GG. APPROVAL OF MINUTES OF THE FOLLOWING MEETINGS –
COUNTY CLERK

To approve the minutes of the following meetings:

April 21, 2014 - Special Called Meeting/Agenda Work Session
April 22, 2014 – Special Called Meeting/Work Session
April 22, 2014 – Regular Meeting of the Board

CONSENT VOTE: ADOPTED unanimously
Page 173 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 24


10. TRANSPORTATION AGENCY

Engineering

10A. APPROVAL OF CONSTRUCTION CONTRACT WITH SUMMIT
CONSTRUCTION AND DEVELOPMENT COMPANY, LLC FOR
CONSTRUCTION OF COUNTYWIDE AMERICANS WITH
DISABILITIES ACT COMPLIANT SIDEWALKS –
TRANSPORTATION

MOTION: Motion by Lee, second by Birrell, to approve a contract with
Summit Construction and Development Company, LLC, in an amount not
to exceed $101,742.50, for construction of County Wide Americans with
Disabilities Act (ADA) Compliant Sidewalks, Project No. E7290, MIS
Contract No. 000773; authorize the corresponding budget transaction;
and further authorize the Chairman to execute the necessary documents.

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

Transfer from: 345-050-E007-E729-8761-E7290-C $101,742.50

Transfer to: 345-050-E007-E729-8762-E7290-C $101,742.50

VOTE: ADOPTED unanimously

10B. APPROVAL OF RESURFACING CONTRACT 2014-4 SILVER
COMET TRAIL WITH C. W. MATTHEWS CONTRACTING
COMPANY, INC. FOR RESURFACING OF THE SILVER COMET
TRAIL – TRANSPORTATION

MOTION: Motion by Cupid, second by Ott, to approve Resurfacing
Contract 2014-4 Silver Comet Trail with C. W. Matthews Contracting
Company, Inc., in an amount not to exceed $1,606,500.00, for resurfacing
of the Silver Comet Trail, Project No. E9110, MIS Contract No. 000703;
authorize the corresponding budget transaction; and further authorize
the Chairman to execute the necessary documents.

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

Transfer from: 345-050-E009-E911-8761-E9110-C $1,606,500.00

Transfer to: 345-050-E009-E911-8762-E9110-C $1,606,500.00

VOTE: ADOPTED unanimously
Page 174 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 25

10. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

10C. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE
CONTRACT WITH GLOSSON ENTERPRISES, LLC FOR
CONSTRUCTION OF AL BISHOP DRIVE TRAIL –
TRANSPORTATION

MOTION: Motion by Goreham, second by Cupid, to approve Change
Order No. 1 (final) to the contract with Glosson Enterprises, LLC, a
savings to the project in the amount of $41,524.87, for construction of Al
Bishop Drive Trail, Project No. D11K0, MIS Contract No. 000638;
authorize the corresponding budget transactions; and further authorize
the Chairman to execute the necessary documents.

Funding: A savings to the 2005 SPLOST Transportation Improvements
Program Fund

Decrease GAE 340052813905:
340-050-7511-D11K-8762-D11K0-C $31,524.87

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

Decrease GAE 510052813905:
510-500-5756-8260-W4291-C $10,000.00

Transfer from:
Al Bishop Drive Trail Construction
510-500-5756-8260-W4291-C $10,000.00

Interest on Retainage
510-500-5756-6613-W4291-A $ 55.00

Contingency
510-500-5756-8810-W4291-T $ 210.00

Total $10,265.00

Transfer to:
SPLOST Projects-Relocate Lines Preliminary Estimates
510-500-5756-8005-W4069-Z $10,265.00

VOTE: ADOPTED unanimously
Page 175 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 26

10. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

10D. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE
CONTRACT WITH CMES, INC. FOR THOROUGHFARE
IMPROVEMENTS ON JILES ROAD, PHASE 3 –
TRANSPORTATION

MOTION: Motion by Goreham, second by Ott, to approve Change Order
No. 1 (final) to the contract with CMES, Inc., a savings to the project in
the amount of $2,399,025.39, for thoroughfare improvements on Jiles
Road, Phase 3, Project No. D4130, MIS Contract No. 000495; authorize
the corresponding budget transactions; and further authorize the
Chairman to execute the necessary documents.

Funding: A savings to the 2005 SPLOST Transportation Improvements
Program Fund

Decrease GAE 340061411402:
340-050-7504-D413-8762-D4130-C $2,267,222.79

Transfer from: 340-050-7504-D413-8762-D4130-C $2,267,222.79

Transfer to: 340-050-7503-D300-8779-D3000-C $ 100,000.00
340-050-7504-D400-8779-D4000-C $ 700,000.00
340-050-7506-D600-8779-D6000-C $ 767,222.79
340-050-7507-D700-8779-D7000-C $ 200,000.00
340-050-7511-D11A-8779-D11A0-C $ 500,000.00

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

Decrease GAE 510061411402:
510-500-5756-8260-W4074-C $ 131,802.60

Transfer from:
Jiles Road, Phase 3 Construction
510-500-5756-8260-W4074-C $ 131,802.60

Transfer to:
SPLOST Projects-Relocate Line

Preliminary Estimates
510-500-5756-8005-W4069-Z $ 131,802.60

VOTE: ADOPTED unanimously
Page 176 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 27

10. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

10E. APPROVAL OF CHANGE ORDER NO. 2 (FINAL) TO
RESURFACING CONTRACT 2012-7 LOCAL ROADS
(COUNTYWIDE) WITH C. W. MATTHEWS CONTRACTING
COMPANY, INC. FOR THE RESURFACING OF COUNTY
MAINTAINED STREETS – TRANSPORTATION

MOTION: Motion by Lee, second by Goreham, to approve Change
Order No. 2 (final) to Resurfacing Contract 2012-7 Local Roads
(Countywide) with C. W. Matthews Contracting Company, Inc., a savings
to the project in the amount of $39,740.33, for the resurfacing of County-
maintained streets, Project No. E9070, MIS Contract No. 000587;
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 transfer:

Transfer from: 345-050-E009-E902-8761-E9020-C $12,300.88
Transfer to: 345-050-E009-E907-8762-E9070-C $12,300.88

Increase GAE 345092512605D:
345-050-E009-E907-8762-E9070-C $12,300.88

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

Decrease GAE 510092512605:
510-500-5756-6516-W4270-C $52,041.21

Transfer from:
Patching, Milling, Paving, Striping
510-500-5756-6516-W4270-C $ 3,423.21

Sewer Line - R&M Service
510-500-5756-6516-W4270-C $48,618.00

Transfer to:
Preliminary Estimates
510-500-5756-8005-W4069-Z $52,041.21

VOTE: ADOPTED unanimously
Page 177 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 28

10. TRANSPORTATION AGENCY (CONT.)

Engineering (cont.)

10F. AUTHORIZATION TO PURCHASE MITIGATION CREDITS
FROM SEVEN BRANCHES FARM, LLC FOR STREAM
IMPACTS ASSOCIATED WITH DRAINAGE IMPROVEMENTS
ON PAPER MILL ROAD – TRANSPORTATION

MOTION: Motion by Ott, second by Goreham, to authorize the purchase
of mitigation credits from Seven Branches Farm, LLC, in an amount not to
exceed $18,689.51, for stream impacts associated with drainage
improvements on Paper Mill Road, Project No. E2310; and further
authorize the corresponding budget transaction.

Funding: Available in the 2011 Transportation Improvements Program
with the following budget transfer:

Transfer from: 345-050-E002-E231-8761-E2310-C $18,689.51

Transfer to: 345-050-E002-E231-8722-E2310-E $18,689.51

VOTE: ADOPTED unanimously

10G. APPROVAL OF UTILITY RELOCATION AGREEMENT WITH
GEORGIA POWER COMPANY FOR PRELIMINARY
ENGINEERING AND RELOCATION OF FACILITIES ON WINDY
HILL ROAD (EAST) AND WINDY HILL ROAD (WEST) –
TRANSPORTATION

MOTION: Motion by Ott, second by Goreham, to approve a Utility
Relocation Agreement with Georgia Power Company, as approved by the
County Attorney’s Office, in an amount not to exceed $632,285.00, for
preliminary engineering and relocation of facilities on Windy Hill Road
(East), Project No. E4020, and on Windy Hill Road (West), Project No.
E4030, MIS Contract No. 000784; 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-E004-E402-8781-E4020-U $252,914.00
345-050-E004-E403-8781-E4030-U $379,371.00

Transfer to: 345-050-E004-E402-8786-E4020-U $252,914.00
345-050-E004-E403-8786-E4030-U $379,371.00

VOTE: ADOPTED unanimously
Page 178 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 29

10. TRANSPORTATION AGENCY (CONT.)

Transit

10H. APPROVAL OF CONTRACT WITH URS CORPORATION FOR
DEVELOPMENT OF THE CUMBERLAND/GALLERIA
CIRCULATOR IMPLEMENTATION PLAN –
TRANSPORTATION

MOTION: Motion by Ott, second by Lee, to approve a contract with
URS Corporation, in an amount not to exceed $445,010.00, for
development of the Cumberland/Galleria Circulator Implementation Plan,
Project No. E5030, MIS Contract No. 000787; authorize the
corresponding budget transactions; and further authorize the Chairman
to execute the necessary documents, as approved by the County Attorney's
Office.

Funding: Federal funding available with the transfer of FY09 Federal
Transit Administration Section 5307 Grant funds from the Transit Capital
Projects Fund to the 2011 SPLOST Transportation Improvements Program
Fund, as follows:

Decrease Revenue Appropriation:
202-050-4832-4439 $ 3,520.00
202-050-4852-4439 $169,933.00
202-050-4860-4439 $102,555.00
202-050-4866-4439 $ 80,000.00

Increase Revenue Appropriation:
345-050-E005-E503-4441-E5030-E $356,008.00

Decrease Expenditure Appropriation:
202-050-4832-8005 $ 3,520.00
202-050-4852-8005 $169,933.00
202-050-4860-8005 $102,555.00
202-050-4866-8005 $ 80,000.00

Increase Expenditure Appropriation:
345-050-E005-E503-8722-E5030-E $356,008.00

Local funding available in the 2011 SPLOST Transportation
Improvements Program Fund with the following budget transfer:

Transfer from: 345-050-E005-E503-8721-E5030-E $ 89,002.00
Transfer to: 345-050-E005-E503-8722-E5030-E $ 89,002.00

Reallocate local funding for FY09 Federal Transit Administration Section
5307 Grant from reprogrammed projects to the Transit Contingency Unit
as follows:

Transfer from: 202-050-4832-4960/8005 $ 880.00
202-050-4852-4960/8005 $ 42,483.00
202-050-4860-4960/8005 $ 25,639.00
202-050-4866-4960/8005 $ 20,000.00

Transfer to: 202-050-4899-4960/8005 $ 89,002.00

VOTE: ADOPTED unanimously
Page 179 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 30


11. PUBLIC SERVICES AGENCY

Parks, Recreation, and Cultural Affairs

11A. APPROVAL OF CONTRACT WITH DIVERSIFIED
CONSTRUCTION OF GEORGIA, INC. FOR CONSTRUCTION
SERVICES RELATED TO THE ADDITION AND
MODIFICATION OF THE MABLE HOUSE ARTS CENTER
BUILDING - PARKS, RECREATION, AND CULTURAL AFFAIRS

MOTION: Motion by Cupid, second by Birrell, to approve a contract
with Diversified Construction of Georgia, Inc., in an amount not to exceed
$123,400.00, for construction services related to the addition and
modification of the Mable House Arts Center building, under the 2011
Parks, Recreation and Cultural Affairs SPLOST Program; authorize the
corresponding budget transactions; and further authorize the Chairman
to execute the necessary documents.

Funding is available in the 2011 Parks, Recreation and Cultural Affairs
SPLOST fund as follows:

345-105-E030-EP326 C-8125 $123,400.00
(Mable House Arts Center)

VOTE: ADOPTED unanimously

11B. APPROVAL OF CONTRACT WITH ALLSTAR LIGHTING AND
ELECTRICAL SERVICE, INC. FOR ATHLETIC FIELD
LIGHTING AT RHYNE PARK – PARKS, RECREATION, AND
CULTURAL AFFAIRS

MOTION: Motion by Ott, second by Goreham, to approve a contract
with AllStar Lighting & Electrical Service, in an amount not to exceed
$156,770.00, for the installation of new sports lighting poles, fixtures and
related equipment to serve athletic field lighting at Rhyne Park under the
2011 Parks, Recreation and Cultural Affairs SPLOST Program; authorize
the corresponding budget transactions; and further authorize the
Chairman to execute the necessary documents.

Funding is available in the 2011 Parks, Recreation and Cultural Affairs
SPLOST fund as follows:

345-105-E040-EP443 C-8024 $156,770.00
(Rhyne Field Renovation)

VOTE: ADOPTED unanimously
Page 180 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 31

11. PUBLIC SERVICES AGENCY (CONT.)

Parks, Recreation, and Cultural Affairs (cont.)

11C. APPROVAL OF CHANGE ORDER NO. 2 (FINAL) TO THE
CONTRACT WITH SUPERIOR ROOFING SYSTEMS, INC. FOR
REPLACEMENT OF THE MEMBRANE ROOF SYSTEM AT THE
SOUTH COBB RECREATION CENTER - PARKS, RECREATION,
AND CULTURAL AFFAIRS

MOTION: Motion by Cupid, second by Birrell, to approve Change Order
No. 2 (final) to the contract with Superior Roofing Systems, Inc., in the
deductive amount of $2,000.00, for construction services and materials to
replace the membrane roof system at the South Cobb Recreation Center
under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program;
authorize the corresponding budget transactions; and further authorize
the Chairman to execute the necessary documents.

Funding is available in the 2011 Parks, Recreation and Cultural Affairs
SPLOST fund as follows:

345-105-E030-EP349 C-8111 ($2,000.00)
(South Cobb Recreation Center Roof Repairs)

VOTE: ADOPTED unanimously

12. SUPPORT SERVICES AGENCY

Property Management

12A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 (FINAL)
TO THE CONTRACT WITH JOHNSON CONTROLS, INC. FOR
HEATING, VENTILATING AND AIR CONDITIONING
EQUIPMENT AT THE WINDY HILL COMMUNITY CENTER –
PROPERTY MANAGEMENT

MOTION: Motion by Cupid, second by Goreham, to approve
Supplemental Agreement No. 1 (final) to the contract with Johnson
Controls, Inc., in the deductive amount of $5,500.00, for the 2011
SPLOST Heating, Ventilating, and Air Conditioning equipment
installation at the Windy Hill Community Center, located at 1885 Roswell
St., Smyrna; authorize the corresponding budget transactions; and
further authorize the Chairman to execute the necessary documents.

Funding is available in the 2011 SPLOST project budget as follows:

Reduce GAE 345081313505:
345-110-E076-E0777-C (Windy Hill HVAC) $5,500.00

VOTE: ADOPTED unanimously
Page 181 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 32

12. SUPPORT SERVICES AGENCY (CONT.)

Property Management (cont.)

12B. APPROVAL OF CONTRACT WITH PEACHTREE
CONSTRUCTION SERVICES FOR WINDOW REPLACEMENT
AT THE ACWORTH COMMUNITY HEALTH CENTER -
PROPERTY MANAGEMENT

MOTION: Motion by Cupid, second by Ott, to approve a contract with
Peachtree Construction Services, in the amount of $26,835.00, for the
2011 SPLOST window replacement project at the Acworth Community
Health Center - Cobb County Public Health Building, located at 4489
Acworth Industrial Drive; authorize a project contingency, in the amount
of $3,165.00, for unforeseen conditions; and further authorize the
corresponding budget transactions.

Funding is available in the 2011 SPLOST project budget as follows:

345-110-E070-8005-E0708 C $ 5,600.00
(Acworth Health Windows)

Additional funding is available from project savings with the following
transfers:

Transfer from:
345-110-E070-8005-E0711- C $24,400.00
(10 E Park Square Windows)

Transfer to:
345-110-E070-8005-E0708- C $24,400.00
(Acworth Health Windows)

VOTE: ADOPTED unanimously

12C. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 (FINAL)
TO THE CONTRACT WITH Q. T. CONTRACTING, INC. FOR
HEATING, VENTILATING AND AIR CONDITIONING AT THE
COBB COUNTY BUILDING - PROPERTY MANAGEMENT

MOTION: Motion by Cupid, second by Ott, to approve Supplemental
Agreement No. 1(final) to the contract with Q. T. Contracting, Inc., d/b/a
Powers Heating and Air, in the amount of $1,742.03, for the 2011
SPLOST Heating, Ventilating, and Air Conditioning equipment
installation at the Cobb County Building, located at 100 Cherokee Street;
authorize the corresponding budget transactions; and further authorize
the Chairman to execute the necessary documents.

Funding is available in the 2011 SPLOST project budget as follows:

345-110-E076-E0769-C $ 1,742.03
(Cobb County Building HVAC)

Increase GAE 345051413601: $ 1,742.03

VOTE: ADOPTED unanimously
Page 182 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 33

12. SUPPORT SERVICES AGENCY (CONT.)

Property Management (cont.)

12D. APPROVAL OF CONTRACT WITH GARLAND DESIGN/BUILD
SOLUTIONS, INC. FOR ROOFING AT THE KENNESAW
LIBRARY - PROPERTY MANAGEMENT

MOTION: Motion by Cupid, second by Ott, to approve a contract with
Garland Design/Build Solutions, Inc., in the amount of $9,122.00, for the
2011 SPLOST roofing project at the Kennesaw Library, located at 2050
Lewis Street, Kennesaw; authorize the corresponding budget transactions;
and further authorize the Chairman to execute the necessary
documents.

Funding is available in the 2011 SPLOST project budget as follows:

345-110-E072-8005-E0729-C $5,800.00
(Kennesaw Library Roof)

Additional funding is available from project savings with the following
transfers:

Transfer from:
345-110-E072-8005-E0742-C (Acworth Library Roof) $3,322.00

Transfer to:
345-110-E072-8005-E0729-C (Kennesaw Library Roof) $3,322.00

VOTE: ADOPTED unanimously

12E. APPROVAL OF CONTRACT WITH THYSSENKRUPP
ELEVATOR CORPORATION FOR THE MODERNIZATION
PROJECT AT THE VININGS LIBRARY - PROPERTY
MANAGEMENT

MOTION: Motion by Cupid, second by Ott, to approve a contract with
ThyssenKrupp Elevator Corporation, in the amount of $46,136.00, for the
2011 SPLOST elevator modernization project at the Vinings Library,
located at 4300 Paces Ferry Road; authorize a project contingency in the
amount of $3,864.00; authorize the corresponding budget transactions;
and further authorize the Chairman to execute the necessary
documents.

Funding is available in the 2011 SPLOST project budget as follows:

345-110-E083-8005-E0845-C $36,000.00
(Vinings Library Special Reno)

Additional funding is available from project savings with the following transfers:

Transfer from:
345-110-E080-8005-E0809-C $14,000.00
(E Cobb Gov't Electrical)

Transfer to:
345-110-E083-8005-E0845-C $14,000.00
(Vinings Library Spec Reno)

VOTE: ADOPTED unanimously
Page 183 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 34


13. COUNTY MANAGER

13A. AUTHORIZATION TO SELL SURPLUS REAL PROPERTY NOT
REQUIRED FOR COUNTY PURPOSES – COUNTY MANAGER

MOTION: Motion by Lee, second by Goreham, to authorize the sale of a
certain 3.66 acre tract of surplus property not required for County
purposes, located at 3005 George Busbee Parkway, to the Board of
Regents of the University System of Georgia, for the price of $845,000.00,
through the brokerage firm of McWhirter Realty Partners, pursuant to the
terms of the Option for the Purchase of Improved Real Property;
authorize the corresponding budget transactions; and further authorize
the Chairman to execute the necessary documents.

Funding: Appropriate the receipt of additional funding to the 2005
SPLOST Transportation Improvements Program Fund from the sale of
surplus property as follows:

Increase Revenue Appropriation:
340-050-7504-D402-4944-D4020-R $845,000.00

Increase Expenditure Appropriation:
340-050-7504-D402-8741-D4020-R $845,000.00

VOTE: ADOPTED unanimously

14. COMMUNITY DEVELOPMENT AGENCY

Business License Division

14A. CONDUCT OF APPEAL HEARING FOR TREBOL TAXI, JOSE
MANUAL HERNANDEZ, LICENSEE – BUSINESS LICENSE
DIVISION

The appeal hearing was opened for Mr. Jose Manual Hernandez regarding
the denial of his application for a 2014 taxicab company license for Trebol Taxi,
LLC d/b/a Trebol Taxi, 1869 Cobb Parkway, Suite 575, Marietta, Georgia 30060.

Mr. Sam Hensley, Jr., attorney for the Business License Division and the
License Review Board, provided opening remarks and swore in those persons
expected to testify. Mr. Hernandez, who was assisted by an interpreter
throughout this hearing, provided opening remarks. Mr. Hernandez was not
represented by an attorney.

Mr. Hensley called Ms. Sandra Richardson, Business License Division
Manager, for questioning. Mr. Hernandez did not question Ms. Richardson.

Mr. Hensley called Detective Russell Creamer, Cobb County Police
Department, for questioning. Mr. Hernandez did not question Detective Creamer.

Mr. Hernandez did not call any witnesses, but submitted a notarized letter
from himself stating the work schedules of his dispatchers. A copy of said letter
is attached and made a part of these minutes.

Mr. Hensley questioned Mr. Hernandez. Commissioners Ott and Cupid
questioned Mr. Hernandez.

Mr. Hernandez provided closing remarks. Mr. Hensley provided closing
remarks.
Page 184 of 225
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
MAY 13, 2014
PAGE 35

14. COMMUNITY DEVELOPMENT AGENCY (CONT.)

Business License Division (cont.)

14A. CONDUCT OF APPEAL HEARING FOR TREBOL TAXI, JOSE
MANUAL HERNANDEZ, LICENSEE – BUSINESS LICENSE
DIVISION (CONT.)

Following discussion among the Board, the following motion was made:

MOTION: Motion by Ott, second by Lee, to approve the 2014 taxicab company
license for Trebol Taxi, LLC d/b/a Trebol Taxi, 1869 Cobb Parkway, Suite 575,
Marietta, Georgia, 30060, effective September 1, 2014, provided that prior to the
issuance of said license on September 1, 2014, proof of compliance with the
county code must be provided to the Business License Division Manager, to
include proof of training of dispatchers to ensure their compliance with and
understanding of the county code, and direct the Regulatory Services and Permits
Unit of the Cobb County Police Department to conduct a no-notice compliance
check between September 1, 2014 and December 31, 2014.

VOTE: ADOPTED unanimously

15. REAPPOINTMENT TO THE REGION ONE DEPARTMENT OF
BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES
PLANNING BOARD:

MOTION: Motion by Birrell, second by Ott, to approve the reappointment of
Laura Searcy to the Region One Department of Behavioral Health and
Developmental Disabilities Planning Board.

VOTE: ADOPTED unanimously

16. APPOINTMENTS TO THE WORKFORCE INVESTMENT BOARD

MOTION: Motion by Lee, second by Birrell, to approve the following
appointments to the Workforce Investment Board:

Aida Jones, for a term balance to expire June 30, 2015
Grady Tripp, for a three year term to expire June 30, 2017
Mark Rowe, for a three year term to expire June 30, 2017
Tim Gordon, for a three year term to expire June 30, 2017

VOTE: ADOPTED unanimously







ADJOURNMENT

The meeting was adjourned at 10:52 a.m.



____________________________________________
Candace W. Ellison, CCC
County Clerk
Cobb County Board of Commissioners
Page 185 of 225
COBB COUNTY TRANSPORTATION AGENCY

REGULAR AGENDA COVER

REGULAR MEETING OF MAY 27, 2014

ITEM
NO.


Engineering
1 To approve a contract with CMEC, LLC, for construction of Bob Cox Road Sidewalk,
Project No. E7320, MIS Contract No. 000778.

2 To approve Change Order No. 1 to the contract with Baldwin Paving Company, Inc.,
for roadway safety and operational improvements on Floyd Road-Widening, State
Project No. CSMSL-0007-00(132), State P. I. No. 0007132, and on Floyd Road-
Sidewalks, State Project No. CM000-0004-00(510), State P. I. No. 0004510, Cobb
County Project No. D12C0, MIS Contract No. 000507.

3 To authorize the purchase of stream mitigation credits from Applewood Mitigation
Bank and authorize payment of an in-lieu fee to Georgia Land Trust for wetland
impacts associated with Old Stilesboro Road over Little Allatoona Creek bridge
replacement, Project No. E1060.

Page 186 of 225
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: May 27, 2014


PURPOSE

To approve a contract with CMEC, LLC, for construction of Bob Cox Road Sidewalk, Project
No. E7320, MIS Contract No. 000778.

BACKGROUND

Bob Cox Road Sidewalk is an approved project in the Sidewalks Component of the 2011
SPLOST Transportation Improvements Program.

The project consists of constructing a new sidewalk between existing sidewalks to improve
safety and pedestrian access. The limits of the project are from the existing sidewalk near Ivy
Manor Drive to the existing sidewalk near Granville Drive.

The Invitation to Bid was advertised in the Marietta Daily Journal on March 28, 2014, and on
April 4, 11, and 18, 2014. Bids were received on April 24, 2014, from the following companies:


Company Bid Amount
CMEC, LLC $195,779.69
Summit Construction & Development, LLC $197,915.25
Ohmshiv Construction, LLC $218,519.25
Baldwin Paving Company, Inc. $220,111.13
Chatfield Contracting, Inc. $239,819.05
Shaheed's Construction Company, Inc. $258,127.00
Comm. Dist.

1
Agenda Item Number. 1
Page 187 of 225




The low bid of $195,779.69 from CMEC, LLC, was reviewed and found to be reasonable and
responsive. Bid tabulation consisted of $181,579.69 in roadway costs and $14,200.00 in Water
System costs. The completion date for this project is 180 consecutive calendar days from
issuance of the Notice to Proceed.

FUNDING

Available in the 2011 SPLOST Transportation Improvements Program Fund with the following
budget transfer:
Available in the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with
the following budget transfers:

Transfer from:
SPLOST Projects-Relocate Lines

Transfer to:
Bob Cox Road Sidewalk
Transfer from: 345-050-E007-E732-8761-E7320-C $140,000.00
345-050-E007-E732-8741-E7320-R $ 41,579.69
Transfer to: 345-050-E007-E732-8762-E7320-C $181,579.69
Preliminary Estimates 510-500-5756-8005-W4069-Z $ 14,730.00
Construction 510-500-5756-8260-W4316-C $ 14,200.00
Interest on Retainage 510-500-5756-6613-W4316-A $ 50.00
Meter Purchase
Replacement
510-500-5756-8456-W4316-M $ 200.00
Contingency 510-500-5756-8810-W4316-T $ 280.00
Total $ 14,730.00

RECOMMENDATION

The Board of Commissioners approve a contract with CMEC, LLC, in an amount not to exceed
$195,779.69, for construction of Bob Cox Road Sidewalk, Project No. E7320, MIS Contract
No. 000778; authorize the corresponding budget transactions; and further authorize the
Chairman to execute the necessary documents.

ATTACHMENTS
Location Map
Agenda Item Number. 1
Page 188 of 225
n
n
"
"
"
"
"
Marietta
!(
120
!(
120
F
R
E
N
C
H
S
P
T
S
T
E
V
E
D
R
DOVER LN
E
V
E
R
LE
IG
H DR
C
O
C
K
R
E
L
L
D
R
M
AR
Y
H
ILL L
N
K
I
R
K
L
N
W
Y
N
FREY
P
L
S
A
D
D
LEBROO
K
W
A
Y
OLD DALLASRD
F
A
L
LWOOD
DR
S
T
I
L
L
W
A
T
E
R
S
D
R
B
I
G
OAKS DR
HI CKORY CREST
D
R
R
I
P
P
L
I
N
G
D
R
CREEKVIEW PT
W
A
T
E
R
H
O
U
S
E
ST
I
V
Y
M
A
N
O
R
D
R
C
H A
T
F
IE
L
D P
T
W
INDWARD DR
MEADOWC
T
F
R
A
N
K
K
I
R
K
R
D
MOUNTAIN BREEZE RD
W
A
TC
HMANS WALK
FOREST CR E
E
K
D
R
CAISSON
D
R
OL
D D
ALLAS RD
C
A
R
M
A
IN
D
R
SUT
C
L
I
F
F
E
RDG
RA
Q
U
EL DR
L
U
T
H
E
R
C
T
HICKORY VIEW DR
S
UTTON DR
SHUMARD W
AY
MOSS
S
TONE
LN
B
E
D
F
O
R
D

S
T
C
U
P
E
L
O
D
R
T
A
U
B
E
R
W
A
Y
C
U
S
T
E
R
L
A
K
E
D
R
TWI N OAKS DR
C
A
T
H
Y
A
N
N
L
N
REUBENS RUN
TABBYSTONE LN
C
O
X
F
A
R
M
R
D
ELMC
R
E
E
K
D
R
OLD HICKORY DR
C
O
UN
T
R
Y
E
S
TA
T E
DR
G
A
R
R
I
S
O
N
C
M
N
S
KI
N
G
H
OR
N
E
D
R
T
A
L
L
OWOOD
D
R
M
C
D
A
N
I
E
L
R
D
M
C
D
A
N
I
E
L
R
D
S
A
D
D
L
E
BROOK
W
A
Y
R
O
C
K

G
A
R
D
E
N

T
E
R
B
R
I
D
L
E
R
U
N
T
RL
BAT
T
L
E F
O
R
E
ST DR
M
A
R
I
E
T
T
A
C
O
U
N
T
R
Y
CLB DR
W
E
ST
HA
M
P
TO
N
D
R
E
V
E
R
LEIG
H
W
A
Y
I
N
F
A
N
T
R
Y
W
A
Y
P
O
L
O
C
LU B
D
R
T
A
R
P
L
E
Y
R
D
HELM
S
W
O
O
D
C
I
R
S
UTTON WAY
L
A
K
E

S
O
M
E
R
S
E
T

C
R
S
T
B
R
E
E
Z
Y

D
R
L
A
K
E
S
O
M
E
R
S
E
T
D
R
K
E
N
N
E
S
A
W
V
I
E
W
DR
N
O
B
R
I
D
G
E
D
R
S
T
O
N
E

M
I
L
L

L
N
R I
P
P
L
E
W
A
T
E
R
D
R
B
A
G
W
E
L
L
D
R
W
E
STL
A
K
E
D
R
PEG
GY
C
T
T A
B
B
Y
S
T
O
N
E ST
W
E
S
T
H
A
V
E
N

D
R
W
A
T
S
O
N
B
L
V
D
L
O
M
B
A
R
D
ST
G
R
E
Y
C
O
A
T
B
L
F
F
L
A
TS T
O
N
E
W
A
Y
BELGRAY DR
TANNER LA
K
E
T
RL
O
L
D
T
R
A
C
E
R
D
B
O
B
C
O
X
R
D
O
L
D
H
A
M
I
L
T
O
N
R
D
V
IL
L
A
R
I
C
A
W
A
Y
H
A
M
I
L
T
O
N

R
D
BURNT HICKORY RD
E
R
N
E
S
T
B
A
R
R
E
T
T
P
K
W
Y
K
E
N
N
E
S
A
W
D
U
E
W
E
S
T
R
D
W
E
S
T
S
A
N
D
T
O
W
N
R
D
M
O
U
N
T

C
A
L
V
A
R
Y

R
D
FRIENDS
HIP
CH
U
R
C
H
R
D
D
A
L
L
A
S
H
W
Y
D
U
E
W
E
S
T
R
D
N
E
W

S
A
L
E
M

R
D
C
A
S
T
E
E
L
R
D
DALLAS HWY
G
O
R
D
O
N
C
O
M
B
S
R
D
Riverstone
Montessori
Academy
Primrose
School
PROJECT:
Bob Cox Road Sidewalk
Project No. E7320
[
DATE:
May 27, 2014
Cobb County
Department of Transportation
LOCATION MAP
k
Begin
Project
Notes: Commission District 1
End
Project
Page 189 of 225
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: May 27, 2014


PURPOSE

To approve Change Order No. 1 to the contract with Baldwin Paving Company, Inc., for
roadway safety and operational improvements on Floyd Road-Widening, State Project No.
CSMSL-0007-00(132), State P. I. No. 0007132, and on Floyd Road-Sidewalks, State Project
No. CM000-0004-00(510), State P. I. No. 0004510, Cobb County Project No. D12C0, MIS
Contract No. 000507.

BACKGROUND

Floyd Road, from Clay Road to Hicks Road, is an approved project in the 1994 Transportation
Improvements Program (TIP) Completion Component of the 2005 SPLOST TIP, and is also an
approved project in the Atlanta Regional Commission (ARC) Envision6 Transportation Plan,
designated as Floyd Road-Widening, State Project No. CSMSL-0007-00(132), State P.I. No.
0007132, ARC Project No. CO-337, and Floyd Road-Sidewalks, State Project No. CM000-
0004-00(510), State P.I. No. 0004510, ARC Project No. CO-AR-BP213.

The project consists of roadway safety and operational improvements and sidewalk construction
on Floyd Road, from Clay Road to Hicks Road. Floyd Road will be widened to replace a
substandard five lane section with a standard five lane section consisting of two 11-foot wide
travel lanes in each direction and a 20-foot wide median. A ten-foot wide sidewalk will be
constructed on the west side of the roadway with a five-foot wide grass strip between the
sidewalk and back of the curb. A five-foot wide sidewalk will be constructed on the east side to
include a two-foot wide grass strip between the sidewalk and the back of the curb.

On June 26, 2012, the Board of Commissioners approved a contract with Baldwin Paving
Company, Inc., for roadway safety and operational improvements on Floyd Road.


Comm. Dist.

4
Agenda Item Number. 2
Page 190 of 225





On December 10, 2013, the Board approved Supplemental Agreement No. 1 to the contract with
Baldwin Paving Company, Inc., for the revision of several storm drainage systems, installation
of temporary pedestrian facilities, and addition of an uninterruptable power supply system to the
traffic signals within the construction limits. A contract time extension was approved, extending
the completion date to May 31, 2014.

Details for action requested are as follows:

The contractor has requested the Department revise the May 31, 2014, completion date for the
project due to continued delays associated with the acquisition of utility easements and utility
relocations. The Department has reviewed the request for additional time and recommends the
project completion date be extended to July 31, 2014.

Change Order No. 1 to the contract with Baldwin Paving Company, Inc., a no-cost time
extension, is requested to revise the contract completion date to July 31, 2014.

Original Contract $5,545,744.33
Supplemental Agreement No.1 $ 64,903.95
Change Order No. 1 $ 0.00
Revised Contract $5,610,648.28

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve Change Order No. 1 to the contract with Baldwin Paving
Company, Inc., a no-cost time extension, extending the completion date to July 31, 2014,
for roadway safety and operational improvements on Floyd Road-Widening, State Project No.
CSMSL-0007-00(132), State P. I. No. 0007132, and on Floyd Road-Sidewalks, State Project
No. CM000-0004-00(510), State P. I. No. 0004510, Cobb County Project No. D12C0, MIS
Contract No. 000507; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map
Agenda Item Number. 2
Page 191 of 225
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
NIC
K
AJ
A
CK
R
D
F
O
N
T
A
IN
E
R
D
EAST- WEST C
O
N
N
J
A
M
E
S
R
D
S
O
U
T
H
H
U
R
T
R
D
O
L
D
P
O
W
D
E
R
S
P
R
IN
G
S
R
D
ANDERSON MILL RD
C
O
O
P
E
R
L
A
K
E
R
D
C
O
N
C
O
R
D

R
D
M
A
B
L
E
T
O
N
P
K
W
Y
VETERANS MEMORIAL HW
Y
E
A
S
T
-
W
E
S
T
C
O
N
N
C
L
A
Y
R
D
G
L
O
R
E
R
D
F
L
O
Y
D
R
D
F
L
O
Y
D
R
D
B
R
O
O
K
W
O
O
D
D
R
H
I
C
K
S

R
D
B
E
A
V
E
R

D
R
FRONT ST
ANNIE LN
D
A
N
I
E
L

S
T
PINE VALLEY RD
W
H
I
T
E

B
L
V
D
O
L
D
F
L
O
Y
D
R
D
B
O
B
S
DR
GREGORY MANOR
D
R
LANDERS DR
S
H
A
N
N
O
N
W
A
Y
EDDIE LN
LIONS CLUB DR
PALMS LN
G
A
R
N
E
R

R
D
CEN
TE
R ST
S
K
Y
V
I
E
W C
IR
F
L
O
Y
D

D
R
A
N
D
R
E
W
D
R
PINE CIR
A
L
A
I
N
A

C
I
R
M
I
L
L GR
O
V
E
L
N
D
U
N
N
R
D
CENTER ST
V
IRGIL LN
PINE VAL
L
EY RD
L
A
M
ONT DR
P
E
D
R
O
D
R
O
LD
B
A
N
K
H
E
A
D
H
W
Y
PENDLEY DR
CARLOUETTA RD
AYRES RD
S
A
IN
T
P
A
T
R
IC
K
D
R
D
UB
LIN
C
T
L
A
N
T
E
R
N
L
N
V
E
R
N
O
N

D
R
C
L
I
F
F
D
R
HERITAG
E
L
A
K
E
S
D
R
P
O
W
E
L
L
D
R
B
A
T
E
S
R
D
D
R
I S
K
ELL AVE
WHISTLE DR
HUN
T
C
R
E
S
T
D
R
W
IL
SO
N
R
D
W
A
T
E
R
F
O
R
D
D
R
Q
U
E
E
N
A
N
N
E
C
T
VON
D
A
L
N
G
L
O
R
E
D
R
OX DR
C
O
OP E
R
S
G
L
E
N
D
R
WISTERI A DR
FO
N
T
A
IN
E
R
D
H
E
L
E
N

P
L
M
O
L
L
I
E

L
N
C
L
U
B
D
R
DALE DR
TRIGGER
D
R
LEE
RD
LAKE
C
I
R
B
R
A
Z
O
S

D
R
PALMER PL
H
A
G
G
A
R
D

D
R
P
U
CKETT D
R
L
A
W
T
O
N
BRIDGER
D
PROSPECT PL
T
R
ENTON CT
G
R
A
C
E
S
T
B
U
R
R
U
S
R
D
RIDGE AVE
S
T
E
L
L
A
C
I
R
F
O
W
L
E
R
R
D
C
R
A
B
A
P
P
L
E
D
R
MARAN LN
C
O
V
E
R
E
D
B
R
I
D
G
E
R
D
W
I
L
D
C
H
E
R
R
Y
D
R
TRESTLE
D
R
B
A
R
N
E
S
M
EADOW
R
D
P
IN
ELAND CIR
W
H
IS
P
E
R
I
N
G
P
I
N
E
S
R
D
E
L
I
Z
A
B
E
T
H

D
R
O
L
D
G
O
R
D
O
N
R
D
NO
R
T
H
L
A
N
D
RD
M
I
MOSA C
IR
BRANTLEY DR
H
I
LL H
OUS
E
R
D
K
INVARRAC
I
R
BENSON HURST DR
GLEN N
P
L
T
Y
R
E
L
L
D
R
W
I
N
D
S
O
R
D
R S
A
N
T
E
E
TRL
C
O
L
L
INS LAKE
D
R
C
R
E
S
T
K
N
O
L
L
D
R
GANN
X
I
N
G
LU
TH
E
R
D
R
M
A
PLE VALLEY R
D
S
E
M
I
N
O
L
E
CIR
P
I
N
E

D
R
M
A
B
L
E
S
T
T
I
M
B
E
R
L
A
ND DR
A
N
N
A

W
A
Y
LAVERTE CI R
VALLEY CREEK
R
D
B
R
O
O
K
W
O
O
D
D
R
S
H
A
N
N
O
N
GREE
N
C
I
R
W
A
I
T
S
D
R
F
R
A
N
CIS CIR
B
R
E
N
D
A

D
R
G
L
O
R
E
D
R
C
O
V
E
R
E D
B
RID
G
E
D
R
C
IT
IZ
E
N
CI R
W
O
O
D
W
ARD CIR
Z
A
N
O
L
A

D
R
P
I
N
ELAND RD
M
I
L
T
O
N
P
L
D
URON
P
L
Smyrna
LIONS
PARK
HERITAGE
PARK
PROJECT:
Floyd Road Widening/
Floyd Road Sidewalks
Project No. D12C0
[
DATE:
May 27, 2014
Notes: Commission District 4
Cobb County
Department of Transportation
LOCATION MAP
k
End Project
Begin
Project
Page 192 of 225
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: May 27, 2014


PURPOSE

To authorize the purchase of stream mitigation credits from Applewood Mitigation Bank
and authorize payment of an in-lieu fee to Georgia Land Trust for wetland impacts associated
with Old Stilesboro Road over Little Allatoona Creek bridge replacement, Project No. E1060.

BACKGROUND

Old Stilesboro Road over Little Allatoona Creek is an approved bridge
rehabilitation/replacement project in the 2011 SPLOST Transportation Improvements
Program.

The project consists of the replacement of the existing substandard, weight-restricted bridge on
Old Stilesboro Road over Little Allatoona Creek.

The property on each side of Little Allatoona Creek is owned by the U.S. Government, under
the jurisdiction of the U.S. Army Corps of Engineers (USACE) Savannah District Office. To
construct this project, 125 linear feet of perennial stream and 0.013 acres of wetlands will be
disturbed. Mitigation for the disturbance of the wetlands is a requirement of USACE Regional
General Permit No. 96, which has been submitted for this project. It has been determined that
on-site mitigation is not feasible.

A purchase of 512.5 stream credits, in an amount not to exceed $17,937.50, from Applewood
Mitigation Bank, an approved USACE stream bank managed by Mitigation Management LLC,
has been determined to be the appropriate solution for the stream mitigation. Payment in the
amount of $2,530.00 to the Georgia Land Trust for an in-lieu fee will be necessary for the 0.10
wetlands credits needed, as no mitigation credits are available in the primary or secondary
mitigation banks. The USACE has approved the in-lieu fee.

Comm. Dist.

1
Agenda Item Number. 3
Page 193 of 225





FUNDING

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

Transfer from: 345-050-E001-E106-8721-E1060-E $3,700.00
345-050-E001-E106-8781-E1060-U $16,767.50
Transfer to: 345-050-E001-E106-8722-E1060-E $20,467.50

RECOMMENDATION

The Board of Commissioners authorize the purchase of stream mitigation credits from
Applewood Mitigation Bank, in an amount not to exceed $17,937.50; authorize payment of an
in-lieu fee to Georgia Land Trust, in an amount not to exceed $2,530.00, for wetland impacts
associated with Old Stilesboro Road over Little Allatoona Creek bridge replacement, Project
No. E1060; and further authorize the corresponding budget transactions.

ATTACHMENTS
Location Map
Agenda Item Number. 3
Page 194 of 225
L
i
t
t
l
e

A
l
l
a
t
o
o
n
a

C
r
e
e
k
P
it n
e
r C
re
e
k
T
u
r
n
e
r

C
r
e
e
k
P
ic
k
e
tts
C
re
e
k
L
i
t
t
l
e

A
l
l
a
t
o
o
n
a

C
r
e
e
k
A
lla
to
o
n
a
C
r
e
e
k
PA U L D I N G
ALLATOONA
LAKE
!(
92
C
H
E
A
T
H
A
M
R
D
HYATT DR
S
A
VILL
E
D
R
IVEY LN
H
I
L
L
R
D
S
T
A
RR LAK
E
D
R
C
A
M
D
EN
LA
K
E
D
R
S
E
Y
M
O
U
R
D
R
A
DD
I
N
G
T
ON
D
R
A
U
T
U
M
N
V
I
E
W DR
FR
IP
P L
N
H
O
L
L
O
W
B
R
O
O
K
E
L
N
COLLI NS RD
H
AYD
E
N
B
R
O
O
K
D
R
A
U
T
U
M
N
V
IEW LN
SALUD
A
D
R
NEWPARK DR
PICKETTS R
D
G
VIXEN CT
CHIPPING DR
H
I
L
L
F
O
R
E
S
T
T
R
L
IV
E
Y
RD
P
I
T
N
E
R
R
D
H
E
D
G
E
BROOKED
R
M
C
L
A
I
N

R
D
L
I
T
T
L
E
POR
T
LN
C
A
M
D
EN LAKE
P
K
W
Y
D
E
E
R
V
A
L
L
E
Y
D
R
SALUD A
L
N
A
V
I
A
R
Y
C
T
S
U
N
D
E
W
D
R
C
H
E
A
T
H
A
M
L
A
K
ED
R
S
U
M
M
I
T
D
R
M
A
R
S
H
I
L
L
R
D
D
A
L
L
A
S
A
C
W
O
R
T
H
H
W
Y
PITNER RD
B
U
R
NT
H
IC
K
O
R
Y
R
D
C
O
B
B

P
K
W
Y
H
I
R
A
M

A
C
W
O
R
T
H

H
W
Y
C
O
U
N
T
Y
L
I
N
E
R
D
O
L
D
S
T
I
L
E
S
B
O
R
O
R
D
C
O
U
N
T
Y
LIN
E
R
D
C
H
E
A
T
H
A
M
R
D
PITNER
ROAD PARK
PITNER ROAD
DOG PARK
US ARMY COE
PROPERTY
PROJECT:
Old Stilesboro Road over
Little Allatoona Creek
Project No. E1060
[
DATE:
May 27, 2014
Notes: Commission District 1
Cobb County
Department of Transportation
LOCATION MAP
Project Location
k
Page 195 of 225
COBB COUNTY PUBLIC SERVICES AGENCY

REGULAR AGENDA COVER

REGULAR MEETING OF MAY 27, 2014

ITEM
NO.


Parks, Recreation, and Cultural Affairs
1 To approve a contract with Hogan Construction Group, LLC, for construction costs
and Construction Manager at Risk services for improvements at the Cobb County
Civic Center under the 2011 Parks, Recreation and Cultural Affairs SPLOST
Program.

Page 196 of 225
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
Jackie R. McMorris, Director of Public Services


DATE: May 27, 2014


PURPOSE

To approve a contract with Hogan Construction Group, LLC, for construction costs and
Construction Manager at Risk services for improvements at the Cobb County Civic Center
under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND

The 2011 Parks, Recreation and Cultural Affairs SPLOST program includes improvements at
the Cobb County Civic Center located at 548 South Marietta Parkway, Marietta. The Civic
Center building was constructed in 1972 and is in need of significant improvements to meet
current standards and codes and provide improved functionality. Under a separate facility
analysis contract previously approved by the Board of Commissioners, a variety of upgrades
and improvements were identified and approved by staff. These include improvements to utility
infrastructure, mechanical, electrical, and plumbing systems. Other upgrades to food
preparation and meeting rooms, signage and data connectivity were identified that would make
the facility more attractive as a rental venue. Once completed, these improvements will lead to
increased revenues for the County.

Staff has chosen the Construction Manager at Risk method of project delivery for this
construction project. The architectural and engineering firm that will serve as the design portion
of this team was previously selected through a competitive process and approved by the Board
of Commissioners on January 14, 2014. This agenda item relates to the selection of the
Construction Manager at Risk who will work closely with the designer and staff during the
design phase and construct the project once the design is complete.

A Request for Construction Manager at Risk Services was published on the County Purchasing
website, and advertised in the Marietta Daily Journal on March 28, and April 4, 11, and 18,
Comm. Dist.

1
Agenda Item Number. 1
Page 197 of 225
2014, 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 three responsive firms and opened on April 24, 2014.

The following Selection Committee was approved for this project: Benjie Brumbeloe (Parks,
Recreation and Cultural Affairs), Ron Cooper (Department of Transportation), Lee McClead
(Community Development), Chuck Hunt (Property Management), and J. C. Redd (Parks,
Recreation and Cultural Affairs). The Selection Committee reviewed the proposals and ranked
the firms based on proposed staffing, previous experience and performance, understanding of
and approach to the project, availability, local vendor presence, and financial stability. In
addition, Selection Process 2 includes weighting of each firm's scoring based on fees submitted
as part of their proposal, which allows the Department to recommend awarding the contract to
the top ranked firm. In this case, the proposed fee is comprised of the Pre-Construction Fee,
Construction Overhead (General Conditions), and Construction Fee, presented as a percentage
of the total advertised construction budget available to all bidders. The lower the combination
of these fees, the more of the total funding assigned to the project will be available for planned
improvements.

Proposals from the following firms were received and evaluated:

Albion-Scaccia Enterprises, LLC
Cooper & Company General Contractors, Inc.
Hogan Construction Group, LLC

The Committee ranked Hogan Construction Group, LLC as the firm offering the best
combination of qualifications and pricing. The total funding assigned to this project is
$5,175,000.00, which includes all construction costs plus Hogan Construction Group's proposed
Construction Manager at Risk fee of $360,024.00. Contract documents will be approved by
County Legal staff prior to execution.

FUNDING

Funding is available in the 2011 Parks, Recreation and Cultural Affairs SPLOST fund as
follows:

345-105-E030-EP304 C-8110 (Civic Center Improvements) $5,175,000.00

RECOMMENDATION

The Board of Commissioners approve a contract with Hogan Construction Group, LLC, in an
amount not to exceed $5,175,000.00, for construction costs and Construction Manager at Risk
services for improvements at the Cobb County Civic Center under the 2011 Parks, Recreation
and Cultural Affairs SPLOST Program; authorize the corresponding budget transactions; and
further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 1
Page 198 of 225
COBB COUNTY COUNTY ATTORNEY

REGULAR AGENDA COVER

REGULAR MEETING OF MAY 27, 2014

ITEM
NO.


County Attorney
1 To adopt a Resolution approving the Stadium Operating Agreement among the
County, the Cobb-Marietta Coliseum and Exhibit Hall Authority (the “Authority” and
together with the County, the “County Parties”) and the Braves Stadium Co., LLC
(“BSC”) to provide for the ongoing operation, management and use of the Cobb
County Coliseum Project (“Stadium Project”)and to authorize the Chairman to
execute both the Resolution and the Agreement.

2 To adopt a Resolution approving the issuance of the Cobb-Marietta Coliseum and
Exhibit Hall Authority Revenue Bonds (Cobb County Coliseum Project), Series
2014, and the related documents in connection therewith, including: (i) an
Intergovernmental Agreement with the Cobb-Marietta Coliseum and Exhibit Hall
Authority (“Authority Intergovernmental Agreement”) and (ii) an Intergovermental
Agreement with the Cumberland Community Improvement District (“CCID
Intergovernmental Agreement”).

3 To adopt a Resolution approving a Development Agreement among the County, the
Cobb-Marietta Coliseum and Exhibit Hall Authority, the Atlanta National League
Baseball Club, Inc., BRED Co., LLC, Braves Stadium Co., LLC and Braves
Construction Co., LLC for the development and construction of the Cobb County
Coliseum Project (“Stadium Project”).

4 To adopt a Resolution approving the Assurance Agreement among the County, the
Cobb-Marietta Coliseum and Exhibit Hall Authority (the “Authority” and together
with the County, the “County Parties”) and the Atlanta National League Baseball
Club, Inc. (“Braves”) to providecertain assurances from the Braves as to development
and construction expenses of the Cobb County Coliseum Project (“Stadium Project”)
beyond the County Parties’ defined financial contribution; and to enumerate the
remedies of the County Parties for breach.

5 To adopt a Resolution approving the Construction Administration Agreement between
the County, and the Braves Construction Co., LLC (“BCC”) to administer and manage
the development and construction process for the Cobb County Coliseum Project
(“Stadium Project”).

6 To approve the Stadium Construction Management Agreement with American
Builders 2017, a Joint Venture, for services of the General Contractor (Construction
Manager at Risk) for construction of the Cobb County Coliseum Project (“Stadium
Project”).

7
The Board of Commissioners adopt a resolution approving the Non-Relocation
Page 199 of 225
Agreement among the County, the Cobb-Marietta Coliseum and Exhibit Hall
Authority, and the Atlanta National League Baseball Club, Inc. for certain assurances
that the Braves Major League Baseball Franchise will play its home games at its new
Stadium in Cobb County.

Page 200 of 225
Cobb County
County Attorney's Office
Deborah Dance, County Attorney
100 Cherokee Street, Suite 350
Marietta, Georgia 30090-7000
(770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:
Deborah Dance, County Attorney


DATE: May 27, 2014


PURPOSE

To adopt a Resolution approving the Stadium Operating Agreement among the County, the
Cobb-Marietta Coliseum and Exhibit Hall Authority (the “Authority” and together with the
County, the “County Parties”) and the Braves Stadium Co., LLC (“BSC”) to provide for the
ongoing operation, management and use of the Cobb County Coliseum Project (“Stadium
Project”)and to authorize the Chairman to execute both the Resolution and the Agreement.

BACKGROUND

The Cumberland area, located in the southeastern quadrant of the County, is an area enhanced
by venues such as the Galleria Center and the Cobb Energy Performing Arts Center that
promote and contribute to valuable economic assets such as tourism, commerce, industry, trade
show and convention activity (“economic assets”). To advance and increase the continued
development of these economic assets and to promote recreational opportunities and provide the
facilities therefor, the Board of Commissioners approved a Memorandum of Understanding
(“MOU”) with the Authority and the Atlanta National League Baseball Club, Inc. (“ANLBC”)
on November 26, 2013 whereby the Atlanta Braves franchise will relocate to a new Stadium to
be situated in this area.
The Background Section and Sections 1, 4, 7, 8, 9, 12, 17, 19, 20, 21 and 22 of the MOU all
specifically contemplate that the County Parties will enter into a Stadium Operating Agreement
with the Braves Stadium Co., LLC, an affiliate of the Atlanta National League Baseball Club,
Inc. The Stadium Operating Agreement establishes the framework among the Parties for the
operation, management, maintenance and use of the Stadium Project. In addition, the document
also includes but is not limited to details as to: the term or length of the Parties’ obligations;
limited events or circumstances authorizing termination of the Agreement; BSC’s
acknowledgement of the Stadium Site condition(s) prior to its use and operation thereof; BSC’s
use, operation and management of the Stadium; responsibility for Stadium expenses; the
Comm. Dist.

All
Agenda Item Number. 1
Page 201 of 225
creation of and contributions to a Capital Maintenance Fund for upkeep, maintenance and repair
of the Stadium; Stadium naming rights; the County’s rights to host or entertain certain events in
the Stadium; and insurance and indemnification.

FUNDING

Any costs incurred will be funded from Bond proceeds and/or ANLBC, or as provided in the
Development Agreement.

RECOMMENDATION

The Board of Commissioners adopt a resolution approving the Stadium Operating Agreement
among the County, the Cobb-Marietta Coliseum and Exhibit Hall Authority and the Braves
Stadium Co., LLC to provide for the ongoing operation, management and use of the Cobb
County Coliseum Project; and authorize the Chairman to execute both the Resolution and the
Stadium Operating Agreement in substantially similar form to the documents provided under
separate cover.


ATTACHMENTS
1. Resolution approving the Stadium Operating Agreement to be provided under separate cover.
2. Stadium Operating Agreement to be provided under separate cover.
Agenda Item Number. 1
Page 202 of 225
Cobb County
County Attorney's Office
Deborah Dance, County Attorney
100 Cherokee Street, Suite 350
Marietta, Georgia 30090-7000
(770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:
Deborah Dance, County Attorney


DATE: May 27, 2014


PURPOSE

To adopt a Resolution approving the issuance of the Cobb-Marietta Coliseum and Exhibit
Hall Authority Revenue Bonds (Cobb County Coliseum Project), Series 2014, and the
related documents in connection therewith, including: (i) an Intergovernmental Agreement
with the Cobb-Marietta Coliseum and Exhibit Hall Authority (“Authority Intergovernmental
Agreement”) and (ii) an Intergovermental Agreement with the Cumberland Community
Improvement District (“CCID Intergovernmental Agreement”).

BACKGROUND

The Cumberland area, located in the southeastern quadrant of the County, is an area enhanced
by venues such as the Galleria Center and the Cobb Energy Performing Arts Center that
promote and contribute to valuable economic assets such as tourism, commerce, industry, trade
show and convention activity (“economic assets”). To advance and increase the continued
development of these economic assets and to create and promote recreational opportunities and
provide the facilities therefor, on November 26, 2013 the Board of Commissioners approved a
Memorandum of Understanding (“MOU”) with the Atlanta National League Baseball Club, Inc.
(“ANLBC”) and the Cobb-Marietta Coliseum and Exhibit Hall Authority (the “Authority”)
whereby the Atlanta Braves franchise agreed to relocate to a new sports, entertainment and
recreational facility contemplated by the MOU and to be constructed in the Cumberland area
("Coliseum Project" or "Stadium Project").
As contemplated in the MOU, the Authority will issue revenue bonds to provide
$368,000,000.00 to fund a portion of the construction and development costs of the Coliseum
Project. The Authority will issue the Cobb-Marietta Coliseum and Exhibit Hall
AuthorityRevenue Bonds (Cobb County Coliseum Project), Series 2014 (the “Bonds”) pursuant
to the Authority’s authorizing legislation, the State Revenue Bond Law, and a Trust Indenture
between the Authority and the bond trustee selected by the County (the “Trust Indenture”), in an
Comm. Dist.

All
Agenda Item Number. 2
Page 203 of 225
aggregate principal amount sufficient to deposit $368,000,000.00 into the Construction Fund
under the Trust Indenture, to fund capitalized interest on the Bonds during the construction
period, and to pay the issuance costs of the Bonds. As contemplated by the MOU, the Bonds
will be special limited obligations of the Authority secured by a pledge of certain Contract
Payments (as defined hereinafter) to be made by the County pursuant to the Authority
Intergovernmental Agreement in amounts sufficient to enable the Authority to pay the principal
and interest on the Bonds when due. The County, its Legal and Finance staffs, and bond counsel
have assisted in the preparation or review of the Bond Documents related to the issuance of the
Bonds.
The Authority Intergovernmental Agreement provides that (a) the Authority and the County will
agree to take all steps reasonably necessary or appropriate to issue the Series 2014 Bonds, (b)
the County will agree to pay to the Authority or for the account of the Authority (i) an amount
sufficient to enable the Authority to pay the principal and interest when due on the Bonds (the
"Contract Payments" so long as the Bonds are outstanding and (ii) amounts sufficient to enable
the Authority to pay the capital maintenance payments as contemplated by the MOU, (c) the
County will agree to cause the Coliseum Project to be constructed on behalf of the Authority,
and (d) the Authority will appoint the County as its agent and representative for such purpose.

The CCID Intergovernmental Agreement provides the CCID, in support of the development of
the Coliseum Project, will agree to contribute $10,000,000.00 to be paid to the County in four
equal annual installments of $2,500,000.00 each on or before December 31
st
of each calendar
year beginning with the 2014 calendar year, which funds will be used to pay a portion of the
costs of the Coliseum Project, the Transportation Improvements and the Public Infrastructure.


FUNDING

No allocation of funds is required in the current budget year. Issuance costs will be paid
from Bond proceeds. All subsequent years' costs,if payable by the County, will be
planned in their respective budget years. Such ongoing costs are estimated to be
approximately $2,500.00 per year.

RECOMMENDATION

The Board of Commissioners adopt a Resolution (a) approving and directing the competitive
sale and issuance of the Cobb-Marietta Coliseum and Exhibit Hall Authority Revenue Bonds
(Cobb County Coliseum Project) Series 2014 (the “Bonds”), in an aggregate principal amount
sufficient to deposit $368,000,000.00 into the Construction Fund under the Trust Indenture, to
fund capitalized interest on the Bonds during the construction period, and to pay the issuance
costs of the Bonds; (b) approving the following documents: Intergovernmental Agreement with
the Cobb-Marietta Coliseum and Exhibit Hall Authority (“Authority Intergovernmental
Agreement”); Intergovernmental Agreement with the Cumberland Community Improvement
District (“CCID Intergovernmental Agreement”); the form of the Trust Indenture; the form of
the Continuing Disclosure Certificate; the form of the Notice of Sale; and the form of the
Preliminary Official Statement necessary in connection with the sale of the Bonds (collectively,
the “Bond Documents”); (c) approving certain "Bond Pricing Parameters" for the payment
term of the Bonds to be determined by the competitive public sale of the Bonds; (d)
Agenda Item Number. 2
Page 204 of 225
delegating to appropriate County officials the authority to approve the final payment
terms of the Bonds within the approved Bond Pricing Parameters and the authority to
approve the final forms of the Bond Documents reflecting such final payment terms,
including, without limitation, the Trust Indenture and the Official Statement; (e)
authorizing the execution of the aforesaid Bond Documents and all other necessary or
appropriate documents on behalf of the County by appropriate County officials; and (f)
for other related matters.
ATTACHMENTS
1. Authority Intergovernmental Agreement provided under separate cover.
2. CCID Intergovernmental Agreement provided under separate cover.
3. Bond Resolution, Bond Documents and Exhibits provided under separate cover.
Agenda Item Number. 2
Page 205 of 225
Cobb County
County Attorney's Office
Deborah Dance, County Attorney
100 Cherokee Street, Suite 350
Marietta, Georgia 30090-7000
(770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:
Deborah Dance, County Attorney


DATE: May 27, 2014


PURPOSE

To adopt a Resolution approving a Development Agreement among the County, the Cobb-
Marietta Coliseum and Exhibit Hall Authority, the Atlanta National League Baseball Club, Inc.,
BRED Co., LLC, Braves Stadium Co., LLC and Braves Construction Co., LLC for the
development and construction of the Cobb County Coliseum Project (“Stadium Project”).

BACKGROUND

The Cumberland area, located in the southeastern quadrant of the County, is an area enhanced
by venues such as the Galleria Center and the Cobb Energy Performing Arts Center that
promote and contribute to valuable economic assets such as tourism, commerce, industry, trade
show and convention activity (“economic assets”). To advance and increase the continued
development of these economic assets and to promote recreational opportunities and provide the
facilities therefor, the Board of Commissioners approved a Memorandum of Understanding
(“MOU”) with the Authority and the Atlanta National League Baseball Club, Inc. (“ANLBC”)
on November 26, 2013 whereby the Atlanta Braves franchise will relocate to a new Stadium to
be situated in this area.
The Background Section and Section 15 of the MOU specifically contemplate that the County
Parties will enter into a Development Agreement with the Braves Parties. The Development
Agreement establishes the framework within which the County Parties and Braves Parties each
assume responsibility for key components of the design, development, construction and
financing of the Stadium Project to be owned by the Authority. Additional details and
provisions in this document include but are not limited to: the location of the Stadium Site and
Authority Parking; prefatory and infrastructure issues to be addressed prior to construction of
the facility and its subsequent conveyance to the Authority; the manner of conveyance of the
Stadium Project from the Braves Parties to the Authority; the selection of the Architect and the
approval of the Stadium Program Documents and Stadium Construction Documents; the
Comm. Dist.

All
Agenda Item Number. 3
Page 206 of 225
transportation improvements and public infrastructure to be implemented and installed to
facilitate access to and the operation of the Stadium; and particulars related to the financing and
funding of the Stadium Project by the Parties.

FUNDING

N/A

RECOMMENDATION

To adopt a Resolution approving a Development Agreement among the County, the Cobb-
Marietta Coliseum and Exhibit Hall Authority (the “Authority” and together with the County,
the “County Parties”), the Atlanta National League Baseball Club, Inc., BRED Co., LLC,
Braves Stadium Co., LLC and Braves Construction Co., LLC (together the “Braves Parties”) for
the development and construction of the Cobb County Coliseum Project (“Stadium Project”);
and authorize the Chairman to execute both the Resolution and the Agreement in substantially
similar form to the documents provided under separate cover.

ATTACHMENTS
1. Resolution approving the Development Agreement to be provided under separate cover.
2. Development Agreement to be provided under separate cover.
Agenda Item Number. 3
Page 207 of 225
Cobb County
County Attorney's Office
Deborah Dance, County Attorney
100 Cherokee Street, Suite 350
Marietta, Georgia 30090-7000
(770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:
Deborah Dance, County Attorney


DATE: May 27, 2014


PURPOSE

To adopt a Resolution approving the Assurance Agreement among the County, the Cobb-
Marietta Coliseum and Exhibit Hall Authority (the “Authority” and together with the County,
the “County Parties”) and the Atlanta National League Baseball Club, Inc. (“Braves”) to
providecertain assurances from the Braves as to development and construction expenses of the
Cobb County Coliseum Project (“Stadium Project”) beyond the County Parties’ defined
financial contribution; and to enumerate the remedies of the County Parties for breach.

BACKGROUND

The Cumberland area, located in the southeastern quadrant of the County, is an area enhanced
by venues such as the Galleria Center and the Cobb Energy Performing Arts Center that
promote and contribute to valuable economic assets such as tourism, commerce, industry, trade
show and convention activity (“economic assets”). To advance and increase the continued
development of these economic assets and to promote recreational opportunities and provide the
facilities therefor, the Board of Commissioners approved a Memorandum of Understanding
(“MOU”) with the Authority and the Atlanta National League Baseball Club, Inc. (“ANLBC”)
on November 26, 2013 whereby the Atlanta Braves franchise will relocate to a new Stadium to
be situated in this area.
In the various definitive documents comprising the joint Stadium Project transaction among the
County, the Authority, the Braves and certain Braves’ affiliated entities, the Braves have
assumed primary responsibility for construction and development of the Stadium Project to
ensure completion of the same in stages by December, 2016 and February, 2017. The Assurance
Agreement consequently sets forth the related commitment of the Braves to cover development
and construction expenses that exceed the defined financial contribution of the County Parties.
This commitment permits the County Parties to enter into the Agreement with the Construction
Manager at Risk without the risk of exposure for additional expenses related to construction of
Comm. Dist.

All
Agenda Item Number. 4
Page 208 of 225
the Stadium beyond the amount indicated in the Memorandum of Understanding. Additional
details and provisions in this document include but are not limited to: remedies of the County
Parties for breach; the extension and reinstatement of the guaranty in the event of termination;
the specific events or conditions occasioning termination of the Agreement; additional
representations and warranties by the Braves; and indemnification.

FUNDING

N/A

RECOMMENDATION

To adopt a Resolution approving the Assurance Agreement among the County, the Cobb-
Marietta Coliseum and Exhibit Hall Authority (the “Authority” and together with the County,
the “County Parties”) and the Atlanta National League Baseball Club, Inc. (“Braves”) to
providecertain assurances from the Braves as to development and construction expenses of the
Stadium Project beyond the County Parties’ defined financial contribution; and to enumerate the
remedies of the County Parties for breach; andauthorize the Chairman execute both the
Agreement and the Resolution in substantially similar form to the documents provided under
separate cover.
ATTACHMENTS
1. Resolution approving the Assurance Agreement to be provided under separate cover.
2. Assurance Agreement to be provided under separate cover.
Agenda Item Number. 4
Page 209 of 225
Cobb County
County Attorney's Office
Deborah Dance, County Attorney
100 Cherokee Street, Suite 350
Marietta, Georgia 30090-7000
(770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:
Deborah Dance, County Attorney


DATE: May 27, 2014


PURPOSE

To adopt a Resolution approving the Construction Administration Agreement between the
County, and the Braves Construction Co., LLC (“BCC”) to administer and manage the
development and construction process for the Cobb County Coliseum Project (“Stadium
Project”).

BACKGROUND

The Cumberland area, located in the southeastern quadrant of the County, is an area enhanced
by venues such as the Galleria Center and the Cobb Energy Performing Arts Center that
promote and contribute to valuable economic assets such as tourism, commerce, industry, trade
show and convention activity (“economic assets”). To advance and increase the continued
development of these economic assets and to promote recreational opportunities and provide the
facilities therefor, the Board of Commissioners approved a Memorandum of Understanding
(“MOU”) with the Authority and the Atlanta National League Baseball Club, Inc. (“ANLBC”)
on November 26, 2013 whereby the Atlanta Braves franchise will relocate to a new Stadium to
be situated in this area.
The Background Section and Section 3 of the MOU specifically contemplate that the County
will enter into a Construction Administration Agreement with the Braves Construction Co.,
LLC, an affiliate of Atlanta National League Baseball Club, Inc. The Construction
Administration Agreement establishes the framework within which BCC will administer,
manage, direct and oversee the various aspects of the development and construction process for
the Stadium Project. In addition, the document also includes but is not limited to details as to:
appointment of the construction administrator to manage the construction process; adherence of
the Stadium Project to approved design criteria, plans and specifications; the performance of the
construction administrator; the scope of the construction administrator’s duties; construction
details within the control and authority of the construction administrator; compensation; default;
Comm. Dist.

All
Agenda Item Number. 5
Page 210 of 225
insurance and indemnification by BCC.

FUNDING

Any costs incurred will be funded from Bond proceeds and/or ANLBC, or as provided in the
Development Agreement.

RECOMMENDATION

To adopt a Resolution approving the Construction Administration Agreement between the
County, and the Braves Construction Co., LLC (“BCC”) to administer and manage the
development and construction process for the Cobb County Coliseum Project (“Stadium
Project”);andauthorize the Chairman to execute the both the Resolution and the Agreement in
substantially similar form to the documents provided under separate cover.


ATTACHMENTS
1. Resolution approving the Construction Administration Agreement.
2. Construction Administration Agreement to be provided under separate cover.
Agenda Item Number. 5
Page 211 of 225
Cobb County
County Attorney's Office
Deborah Dance, County Attorney
100 Cherokee Street, Suite 350
Marietta, Georgia 30090-7000
(770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM:
Deborah Dance, County Attorney
Joe Tommie, Purchasing Director

This item has been electronically signed by:
Deborah Dance, County Attorney
William J. Tommie, Jr., Director
Willie A. Hopkins, Jr., Director of Support Services


DATE: May 27, 2014


PURPOSE

To approve the Stadium Construction Management Agreement with American Builders 2017, a
Joint Venture, for services of the General Contractor (Construction Manager at Risk) for
construction of the Cobb County Coliseum Project (“Stadium Project”).

BACKGROUND

On November 26, 2013, the Board of Commissioners approved a Memorandum of
Understanding (“MOU”) among the County, the Cobb-Marietta Coliseum Exhibit Hall
Authority (the “Authority”), and the Atlanta National League Baseball Club, Inc. (the
“Braves”), the owner and operator of the Atlanta Braves, a Major League Baseball franchise for
the development, design, financing, construction and operation a new multi-purpose sports,
entertainment and recreation facility (the “Stadium”) and certain parking areas to be owned by
the Authority (the “Authority Parking” and collectively with the Stadium, the “Stadium
Project”).

On March 25, 2014, the Board of Commissioners authorized the Purchasing Director to
advertise and issue a Request for Proposals to procure the services of a General Contractor
(Construction Manager at Risk) for construction of the Cobb County Stadium Project.

On April 11, 2014, in accordance with the Cobb County Policy for Procurement of Professional
Services, the County issued a Request for Proposals for the Atlanta Braves Ballpark
Construction Project for Pre-Construction Consulting and Contract Management at Risk
Services by advertisement in the Marietta Daily Journal and other means. Evaluation and
ranking of the proposals included staffing, experience and performance, approach, interview
information, and construction fees.
Comm. Dist.

All
Agenda Item Number. 6
Page 212 of 225

On May 8, 2014, Cobb County received four (4) sealed proposals for Construction Manager at
Risk services. A committee appointed by the County Manager and consisting of representatives
from the Atlanta Braves and Cobb County evaluated the proposals along with construction fee
information. Members of the evaluation committee included: David Hankerson, County
Manager; Col. Don Bartlett, Director, Cobb County Sheriff’s Office; William Pinto, former
President, Hardin Construction Co.; Ethan Milley, Jones Lang LaSalle; Mike Plant, Executive
Vice President of Business Operations, Atlanta Braves; Chip Moore, Chief Financial Officer,
Atlanta Braves; and Eric Perestuk, Vice President of Facility Operations, Atlanta Braves.

After conducting interviews of the responsive firms and finalizing evaluations, the evaluation
committee determined that American Builders 2017, a Joint Venture, offered the proposal to be
most advantageous for the County and the Atlanta Braves. Parties to the Joint Venture
Agreement are M.A. Mortenson Co., Brasfield & Gorrie, Barton Malow Co., and New South
Construction.

The Guaranteed Maximum Price ("GMP") for work on the Stadium will be presented to
the Board of Commissioners for approval upon completion of design plans, construction
plans, and the solicitation of bids from vendors and subcontractors for various
phases/components of the Stadium Project. Nonetheless, the County's contribution will be
limited to $368 million from bond proceeds and $10 million from the Cumberland Community
Improvement District (CCID) under an Intergovernmental Agreement. Contributions above this
amount shall be the sole responsibility of the ANLBC.

FUNDING

Funding will be provided by ANLBC, bond proceeds of $368 million, and $10 million from the
CCID as further defined in the Stadium Construction Management Agreement submitted
herewith for approval and in the Development Agreement among the Atlanta National League
Baseball Club, Inc., Bred Co., LLC, Braves Stadium Company, LLC, Cobb County, Georgia,
and the Cobb-Marietta Coliseum and Exhibit Hall Authority.

RECOMMENDATION

The Board of Commissioners approve a Stadium Construction Management
Agreement with American Builders 2017, a Joint Venture, for the services of the General
Contractor (Construction Manager at Risk), in an amount to be determined upon completion of
design and construction plans, for construction of the Stadium Project; and authorize the
Chairman to execute the necessary documents in substantially similar form to the documents
provided under separate cover.

ATTACHMENT

Stadium Construction Management Agreement to be provided under separate cover.

Agenda Item Number. 6
Page 213 of 225
Cobb County
County Attorney's Office
Deborah Dance, County Attorney
100 Cherokee Street, Suite 350
Marietta, Georgia 30090-7000
(770) 528-4000 / fax: (770) 528-4010

TO: David Hankerson, County Manager

FROM: Deborah Dance, County Attorney

This item has been electronically signed by:
Deborah Dance, County Attorney


DATE: May 27, 2014


PURPOSE

The Board of Commissioners adopt a resolution approving the Non-Relocation Agreement
among the County, the Cobb-Marietta Coliseum and Exhibit Hall Authority, and the Atlanta
National League Baseball Club, Inc. for certain assurances that the Braves Major League
Baseball Franchise will play its home games at its new Stadium in Cobb County.

BACKGROUND

The Cumberland area, located in the southeastern quadrant of the County, is an area enhanced
by venues such as the Galleria Center and the Cobb Energy Performing Arts Center that
promote and contribute to valuable economic assets such as tourism, commerce, industry, trade
show and convention activity (“economic assets”). To advance and increase the continued
development of these economic assets and to promote recreational opportunities and provide the
facilities therefor, the Board of Commissioners approved a Memorandum of Understanding
(“MOU”) with the Authority and the Atlanta National League Baseball Club, Inc. (“ANLBC”)
on November 26, 2013 whereby the Atlanta Braves franchise will relocate to a new Stadium to
be situated in this area.
The Background Section and Section 23 of the MOU specifically contemplate that the County
and the Authority will enter into a Non-Relocation Agreement with the Atlanta National League
Baseball Club, Inc. The Non-Relocation Agreement memorializes the commitment of the
Braves whereby its MLB Franchise will play its home games at the Stadium save for a limited
number of international games and certain contingencies identified in the Agreement as
“Alternate Site Conditions” during the full term of the Stadium Operating Agreement beginning
with completion of the Stadium in 2017 through 2047 (or 2052 in the event the Braves exercise
the right to extend the term for a limited number of international games and an additional 5
years). Additional details and provisions in this document include but are not limited to: the
rights and remedies available for a breach or default; the resolution of disputes; and
Comm. Dist.

All
Agenda Item Number. 7
Page 214 of 225
indemnification.

FUNDING

N/A

RECOMMENDATION

To adopt a Resolution approving the Non-Relocation Agreement among the County, the Cobb-
Marietta Coliseum and Exhibit Hall Authority (the “Authority” and together with the County,
the “County Parties”) and the Atlanta National League Baseball Club, Inc. (“Braves”) to
providecertain assurances that the Braves Major League Baseball (“MLB”) Franchise will play
the team’s MLB home games at the Stadium constructed pursuant to the Cobb County Coliseum
Project ("Stadium Project") for the full term of the Stadium Operating Agreement, and to
provide certain remedies for default, and authorize the Chairman to execute both the Resolution
and the Non-Relocation Agreement in substantially similar form to the documents provided
under separate cover.

ATTACHMENTS
1. Resolution approving the Non-Relocation Agreement to be provided under separate cover.
2. Non-Relocation Agreement to be provided under separate cover.
Agenda Item Number. 7
Page 215 of 225
PUBLIC COMMENT
(CONCLUSION OF MEETING)

MAY 27, 2014

Those persons wishing to address the Board of Commissioners will please sign up on the "Public
Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table
near the front of the room (under the overhead screen).

Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please
note that there are separate sheets for beginning of meeting and end of meeting with six (6)
positions on each sheet.

Persons signed up to address the Board will be called upon by the County Attorney and will
please come forward to make their remarks from the podium. Each speaker will be allotted a
maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their
comments toward the Chairman only.

The Board is pleased to offer this opportunity at each regular meeting.
Page 216 of 225
APPOINTMENTS

AGENDA COVER

REGULAR MEETING OF MAY 27, 2014

ITEM
NO.


1 To approve the appointment of Annette Hughes to the Region One Department of
Behavioral Health and Development Disabilities (DBHDD) Planning Board.

Page 217 of 225
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: May 27, 2014


PURPOSE

To approve the appointment of Annette Hughes to the Region One Department of Behavioral
Health and Development Disabilities (DBHDD) Planning Board.

BACKGROUND

The Region One, Mental Health, Developmental Disabilities and Additive Diseases Planning
Board's purpose is to provide and facilitate coordinated and comprehensive planning for the
Region, in conformity with standards and procedures established by the Behavioral Health and
Developmental Disabilities (DBHDD) Planning Board . Membership on this Board is
determined by O.C.G.A. 37-2-5(b). This is a Board of Commissioners appointment and Annette
Hughes is being recommend by Commissioner Lisa Cupid to fill the vacancy in Post 3 from the
Membership Category of "Advocate".

FUNDING

N/A

RECOMMENDATION

The Board of Commissioners approve the appointment of Annette Hughes to the Region One
Department of Behavioral Health and Development Disabilities (DBHDD) Planning Board, Post
3 to fill the membership category of "Advocate."
Comm. Dist.

Agenda Item Number. 1
Page 218 of 225
COMMISSIONERS' PUBLIC ADDRESS

MAY 27, 2014

(Per Section 2.01.01 of the Rules of Procedure of the Board)
Page 219 of 225
RESPONSE TO PUBLIC COMMENT

(FOR INFORMATION ONLY)

REGULAR MEETING OF MAY 27, 2014

ITEM
NO.


1 Mr. Ron Sifen – Comments of April 22, 2014
Mr. Coakley Pendergrass – Comments of April 22, 2014
Ms. Kathy Slough – Comments of April 22, 2014
Mr. Mike Holzknecht – Comments of April 22, 2014

Page 220 of 225
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: May 27, 2014


PURPOSE

Mr. Ron Sifen – Comments of April 22, 2014
Mr. Coakley Pendergrass – Comments of April 22, 2014
Ms. Kathy Slough – Comments of April 22, 2014
Mr. Mike Holzknecht – Comments of April 22, 2014

ATTACHMENTS
Response Letter to Ron Sifen
Response Letter to Coakley Pendergrass
Response Letter to Kathy Slough
Response Letter to Mke Holzknecht
Comm. Dist.

All
Agenda Item Number. 1
Page 221 of 225
Page 222 of 225
Page 223 of 225
Page 224 of 225
Page 225 of 225