Agenda 7-23-2013

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This is the agenda for the Cobb County (GA) Board of Commissioners meeting on July 23, 2013.

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July 23, 2013

TAB

SPECIAL CALLED MEETING / WORK SESSION CALL TO ORDER PUBLIC SERVICES AGENCY ..................................................................................... 1 SUPPORT SERVICES AGENCY ................................................................................. 2 BOARD OF COMMISSIONERS ................................................................................... 3

Page 1 of 266

July 23, 2013

TAB

REGULAR MEETING - CALL TO ORDER - 7:00 PM

PRESENTATIONS ......................................................................................................

4

PUBLIC HEARING

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

5

PUBLIC COMMENT .................................................................................................... 6

CONSENT ...................................................................................................................

7

TRANSPORTATION AGENCY ................................................................................

8

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

9

SUPPORT SERVICES AGENCY ..............................................................................

10

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

11

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COUNTY MANAGER .................................................................................................... 12

HUMAN RESOURCES ................................................................................................. 13

FINANCE ...................................................................................................................... 14

PUBLIC COMMENT .................................................................................................... 15

APPOINTMENTS ......................................................................................................

16

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

17

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

18

ADJOURN

Page 3 of 266

COBB COUNTY PUBLIC SERVICES AGENCY WORK SESSION AGENDA COVER WORK SESSION OF JULY 23, 2013
ITEM NO.

Parks, Recreation, and Cultural Affairs 1 To present information regarding the presence and behavior of coyotes in Cobb County.

Page 4 of 266

Agenda Item Number. 1

Cobb County Parks, Recreation & Cultural Affairs
Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To present information regarding the presence and behavior of coyotes in Cobb County.

BACKGROUND
Coyotes are non-native to Georgia, but their presence in the state and in Cobb County has steadily increased over the past several years. Increased numbers of sightings can lead to growing concerns regarding property and safety. With proper knowledge and precautions, residents become more vigilant and prepared to implement safety measures. Brent Womack, Wildlife Biologist with the Georgia Department of Natural Resources, will present information regarding coyotes and their interaction with people. Mr. Womack will also provide tips to increase awareness of the behavior of these animals and share information regarding how residents can safely coexist with coyotes.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners consider information regarding the presence and behavior of coyotes in Cobb County.

Page 5 of 266

COBB COUNTY SUPPORT SERVICES AGENCY WORK SESSION AGENDA COVER WORK SESSION OF JULY 23, 2013
ITEM NO.

Property Management 1 To consider the building site location, and present the conceptual design for the new Air Traffic Control Tower at Cobb County Airport – McCollum Field, and provide direction to the Departments.

Page 6 of 266

Agenda Item Number. 1

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Property Management Director Faye DiMassimo, Transportation Agency Director This item has been electronically signed by:
John A. Reida, Director Faye DiMassimo, Director

DATE:

July 23, 2013

PURPOSE
To consider the building site location, and present the conceptual design for the new Air Traffic Control Tower at Cobb County Airport – McCollum Field, and provide direction to the Departments.

BACKGROUND
On December 20, 2011, the Board of Commissioners approved the Five Year Airport Capital Improvement Plan (ACIP) which identified a new air traffic control tower as a future project. On December 20, 2012, the Board approved an updated ACIP which included a new air traffic control tower to replace the existing air traffic control tower as a 2013 project. Also on December 20, 2012, the Board authorized the advertisement for and issuance of a Request for Qualifications for the design and construction of the new air traffic control tower, and authorized submission of a grant application to the Federal Aviation Administration for project funding. On July 9, 2013, the Board approved a contract with Peter Brown Construction, Inc., for the design, project fee, and general condition costs of the new air traffic control tower. The exterior rendering will be provided by the project architect and the Departments.

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Agenda Item Number. 1

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners consider information presented regarding the building site location and conceptual design for the new Air Traffic Control Tower at Cobb County Airport McCollum Field, and provide direction to the Departments.

Page 8 of 266

COBB COUNTY BOARD OF COMMISSIONERS WORK SESSION AGENDA COVER WORK SESSION OF JULY 23, 2013
ITEM NO.

Chair (County-wide) 1 To present a quarterly update of the 2011 Special Purpose Local Option Sales Tax (SPLOST) from Parks, Recreation and Cultural Affairs, Transportation, Facilities Program, Public Safety and the City of Austell.

Page 9 of 266

Agenda Item Number. 1

Cobb County Board of Commissioners
Tim Lee, Chairman 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

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

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

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners consider information in the quarterly update to the 2011 Special Purpose Local Option Sales Tax (SPLOST) from Parks, Recreation and Cultural Affairs, Transportation, Facilities Program, Public Safety and the City of Austell.

Page 10 of 266

PRESENTATIONS AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

1

Holly Tuchman, CEO and Executive Director of the YWCA of Northwest Georgia to present a Resolution, adopted by the Georgia House of Representatives, to the family of deceased Police Officer Sean L. Callahan. To present Christian Aid Mission Partnership with a proclamation for their outstanding work providing basic needs such as food, clothing, emergency financial aid, and education opportunities to the residents of District 4. To approve a proposal to name the Central Library of the Cobb County Public Library System the "Charles D. Switzer Library" in recognition of the former Chairman of the Library Board of Trustee's service to the library system and the citizens of Cobb County.

2

3

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Agenda Item Number. 1

Cobb County Board of Commissioners
Helen C. Goreham, Commissioner, District 1 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3313 / fax: (770) 528-2606

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Helen C. Goreham, Commissioner, District 1 This item has been electronically signed by:
Helen C. Goreham, Commissioner, District 1

DATE:

July 23, 2013

PURPOSE
Holly Tuchman, CEO and Executive Director of the YWCA of Northwest Georgia to present a Resolution, adopted by the Georgia House of Representatives, to the family of deceased Police Officer Sean L. Callahan.

BACKGROUND
On December 18, 2012, Officer Sean L. Callahan, while working with the Clayton County Police Department, lost his life in the line of duty when he and another police officer responded to a domestic violence dispute. Officer Callahan attended Lassiter High School and Kennesaw State University. He was laid to rest in Cobb County where his family resides.

FUNDING
N/A

RECOMMENDATION
For Holly Tuchman, CEO and Executive Director of the YWCA of Northwest Georgia to present a Resolution, adopted by the Georgia House of Representatives, to the family of deceased Police Officer Sean L. Callahan.

Page 12 of 266

Agenda Item Number. 2

Cobb County Board of Commissioners
Lisa Cupid, Commissioner, District 4 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3311 / fax: (770) 528-2606

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Lisa Cupid, Commissioner This item has been electronically signed by:
Lisa Cupid, Commissioner, District 4

DATE:

July 23, 2013

PURPOSE
To present Christian Aid Mission Partnership with a proclamation for their outstanding work providing basic needs such as food, clothing, emergency financial aid, and education opportunities to the residents of District 4.

BACKGROUND
C.A.M.P. began as a small clothing distribution center over 40 years ago when local church representatives formed a partnership to battle the effects of poverty. From those humble beginnings C.A.M.P. has grown into a multi-faceted agency assisting thousands of families with basic needs. Through their assistance programs we have been able to make a positive impact on the lives of thousands of our neighbors. C.A.M.P. provides food, clothing, emergency financial assistance, and education opportunities to help stabilize families and prevent homelessness. Their Food Pantry, Clothing Closet, Financial Aid Office and Donation Center are open Monday through Friday from 9:00 am to 1:00 pm. Their Donation Center is also open on Saturday from 9:00 am until 12:00 noon. Services are available to residents of Austell, Clarkdale, Lithia Springs, Mableton and Powder Springs who are currently at or below 125 percent of the federal poverty level. In calendar year 2011, C.A.M.P. served 12,003 persons (unduplicated clients), nearly 50 percent of whom are children under 18 years of age. They distributed 1,075,317 pounds of food, prepared 14,780 meals, distributed 136,540 items of clothing, and gave over $95,000 in direct financial aid to assist with rent, household utilities, and prescription medications.

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Agenda Item Number. 2

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners present a proclamation to the Christian Aid Mission Partnership in recognition for their support and services to the residents of South Cobb and beyond for over 40 years.

Page 14 of 266

Agenda Item Number. 3

Cobb County Public Library System
Helen Poyer, Director 266 Roswell Street Marietta, Georgia 30060-2004 (770) 528-2318 / fax: (770) 528-2349

Comm. Dist. 1

TO: FROM:

David Hankerson, County Manager Helen Poyer, Director This item has been electronically signed by:
Helen Poyer, Director Jackie R. McMorris, Director of Public Services

DATE:

July 23, 2013

PURPOSE
To approve a proposal to name the Central Library of the Cobb County Public Library System the "Charles D. Switzer Library" in recognition of the former Chairman of the Library Board of Trustee's service to the library system and the citizens of Cobb County.

BACKGROUND

Charles D. Switzer devoted 30 years as an advocate, volunteer and “friend” of the library system. He was appointed to serve on the Cobb County Public Library System Board of Trustees on September 28, 1982 by the Cobb County Board of Commissioners. On January 26, 1999, Mr. Switzer was elected Chairman of the Library Board. He served 14 consecutive terms as Chair until retiring from the Board in January 2013. He was the longest serving member of the Board of Trustees. During his years of service and leadership, there was considerable growth and development of the library system. His tireless efforts to improve the quality of life for all Cobb citizens resulted in a successful bond referendum to build the Central Library, three new libraries and expand an existing library; the installation of an online catalog and other advanced library technologies; the opening of three regional libraries; and the renovation and expansion of the Georgia Room. Mr. Switzer served on the committee to establish the Cobb Library Foundation, a 501(c) 3 nonprofit organization whose mission is to raise private funds to enhance the programs and services of the library system. He served as 2nd Vice-President of the Foundation and was a strong supporter of all the Foundation’s funding initiatives. During his tenure as a Library Trustee and Chair of the Trustees, Mr. Switzer showed a great interest in the library system's programs and services, the well-being of the staff and the Page 15 of 266

Agenda Item Number. 3

patrons. He visited each library on a regular basis. He attended library programs and special functions, as well as other County department events. He never hesitated to volunteer his time, experience and skills to the library system and the citizens of Cobb. To this day, Mr. Switzer continues to make regular library visits and attends library functions. It is appropriate that we honor his service by renaming the Central Library for him. This request meets the guidelines of Cobb County's Naming County-Owned Properties, Roadways, Buildings, Facilities, and Parks Policy.

IMPACT STATEMENT
N/A

FUNDING
Funding is availble in the Library's Department FY13 budget.

RECOMMENDATION
The Board of Commissioners approve a proposal to name the Central Library the "Charles D. Switzer Library" in recognition of his service to the library system and the citizens of Cobb County.

Page 16 of 266

COBB COUNTY COMMUNITY DEVELOPMENT AGENCY PUBLIC HEARING AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

Administration 1 To conduct the second public hearing to amend the Official Code of Cobb County, Chapters 2, 78 and 134. To conduct the second public hearing to consider the creation and designation of the South Cobb Enterprise Zone Area in accordance with Chapter 2 of the Official Code of Cobb. To conduct the second public hearing to consider the creation and designation of the Canton Road Enterprise Zone Area in accordance with Chapter 2 of the Official Code of Cobb. Planning 4 To conduct a public hearing and consider approval of the 2013 mid-year Comprehensive Plan Amendment for segments of Austell Road.

2

3

Page 17 of 266

Agenda Item Number. 1

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To conduct the second public hearing to amend the Official Code of Cobb County, Chapters 2, 78 and 134.

BACKGROUND
At various times throughout the year, the Board of Commissioners has directed the Community Development staff to prepare amendments to the Official Code of Cobb County in order to address concerns identified during the course of routine community development activities. Staff has further been directed to bring these amendments forward in a timely fashion.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners conduct the second public hearing to amend the Official Code of Cobb County, Chapters 2, 78 and 134 and consider adopting the amendments.

ATTACHMENT
Proposed amendments have been provided under separate cover.
Page 18 of 266

Agenda Item Number. 2

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To conduct the second public hearing to consider the creation and designation of the South Cobb Enterprise Zone Area in accordance with Chapter 2 of the Official Code of Cobb.

BACKGROUND
Chapter 2 of the Cobb County Code will be amended to authorize the creation of Enterprise Zones in accordance with applicable provisions of the Official Code of Georgia. In conjunction with this amendment to Chapter 2, the following areas were anticipated to be designated as Enterprise Zone Areas: 1. Veterans Memorial Highway. 2. Six Flags Road. 3. Atlanta Road. 4. Canton Road. 5. South Cobb. As discussed during the first public hearing conducted by the Board of Commissioners on July 9, 2013, staff recommended that the Veterans Memorial Highway Enterprise Zone, the Six Flags Road Enterprise Zone and the South Cobb Enterprise Zone be consolidated into one zone titled South Cobb Enterprise Zone. Staff further recommended that the Canton Road Enterprise Zone be considered separately. Staff’s recommendation also included withdrawing the Atlanta Road Enterprise Zone from consideration at this time with an intention to refine the boundaries for presentation/consideration in the near future. Staff also recommended separate public hearings being conducted for the consolidated South Cobb Enterprise Zone and the Canton Road Enterprise Zone.

Page 19 of 266

Agenda Item Number. 2

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners conduct the second public hearing to consider the creation and designation of the South Cobb Enterprise Zone Area in accordance with Chapter 2 of the Official Code of Cobb County and create and designate the South Cobb Enterprise Zone Area. ATTACHMENT Proposed South Cobb Enterprise Zone area has been provided under separate cover.

Page 20 of 266

Agenda Item Number. 3

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To conduct the second public hearing to consider the creation and designation of the Canton Road Enterprise Zone Area in accordance with Chapter 2 of the Official Code of Cobb.

BACKGROUND
Chapter 2 of the Cobb County Code will be amended to authorize the creation of Enterprise Zones in accordance with applicable provisions of the Official Code of Georgia. In conjunction with this amendment to Chapter 2, the following areas were anticipated to be designated as Enterprise Zone Areas: 1. Veterans Memorial Highway. 2. Six Flags Road. 3. Atlanta Road. 4. Canton Road. 5. South Cobb. As discussed during the first public hearing conducted by the Board of Commissioners on July 9, 2013, staff recommended that the Veterans Memorial Highway Enterprise Zone, the Six Flags Road Enterprise Zone and the South Cobb Enterprise Zone be consolidated into one zone titled South Cobb Enterprise Zone. Staff further recommended that the Canton Road Enterprise Zone be considered separately. Staff’s recommendation also included withdrawing the Atlanta Road Enterprise Zone from consideration at this time with an intention to refine the boundaries for presentation/consideration in the near future. Staff also recommended separate public hearings being conducted for the consolidated South Cobb Enterprise Zone and the Canton Road Enterprise Zone.

Page 21 of 266

Agenda Item Number. 3

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners conduct the second public hearing to consider the creation and designation of the Canton Road Enterprise Zone Area in accordance with Chapter 2 of the Official Code of Cobb County and create and designate the Canton Road Enterprise Zone Area.

ATTACHMENT
Proposed Canton Road Enterprise Zone area has been provided under separate cover.

Page 22 of 266

Agenda Item Number. 4

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To conduct a public hearing and consider approval of the 2013 mid-year Comprehensive Plan Amendment for segments of Austell Road.

BACKGROUND
On March 26, 2013, the Board of Commissioners authorized staff to pursue a mid-year Comprehensive Plan Amendment process to evaluate land uses along Austell Road. Community Development Agency staff pursued this mid-year Comprehensive Plan Amendment as we would the yearly update, with a few exceptions. Staff completed the review and analysis of the corridor and prepared an Austell Road Analysis and Comprehensive Plan Amendment Analysis, both of which are attached to this agenda item. Public notification was provided via letters to impacted property owners, meeting notification signs, website information, notifications from Cobb Line and Commissioner Newsletters, and our required advertisement in the legal organ of the county. Staff, in association with the District 4 Commissioner and Planning Commissioners, held a Public Information Open House on June 18th to educate the community on the Comprehensive Plan Amendment process and answer questions from the public, businesses, and property owners. Finally, the Planning Commission conducted a public hearing and made a formal recommendation to the Board of Commissioners, which is also provided as an attachment to this agenda item.

FUNDING
N/A

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Agenda Item Number. 4

RECOMMENDATION
The Board of Commissioners conduct a public hearing and approve the 2013 mid-year Comprehensive Plan Amendment.

ATTACHMENTS
Comprehensive Plan Analysis Planning Commission Recommendation Austell Road Analysis

Page 24 of 266

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Page 25 of 266

PROPOSED

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Page 26 of 266

PROPOSED

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2013 CPA- Mid-year Comprehensive Plan Proposal Analysis ______________________________________________________
AMENDMENT NUMBER: P-1 COMMISSIONER DISTRICT: 4 ACREAGE: approximately 370 acres PARCEL ID NUMBER: Multiple parcels (D 19/LL 555, 556, 557, 628, 631, 632, 701, 702, 706, 993, 1006, 1066, 1067, 1080, 1081, 1140, 1141, 1154, 1155, 1213, 1214, 1230, 1287 and D 17/LL 14, 15, 16, 58, 59, 60, 84, 85,132, 133, 154, 207, 208) EXISTING FUTURE LAND USE: Community Activity Center (CAC) PROPOSED FUTURE LAND USE: Neighborhood Activity Center (NAC) GENERAL LOCATION: Parcels located along an eight-mile long segment of Austell Road stretching from the city limits of Austell to Sandtown Road with the exception of those parcels located between Amy Road and Orange Hill Drive.

______________________________________________________
BACKGROUND: Intent of Proposed Amendment: Establish an appropriate future land use category for properties along Austell Road so that current and possible future uses could be taken into consideration. Also to provide a better transition in scale from the residential properties existing in the county to the commercial street frontage along Austell Road Definitions: The purpose of the Community Activity Center (CAC) is to provide for areas that can meet the immediate needs of several neighborhoods or communities. Typical land uses for these areas include low to mid-rise office buildings and department stores. The purpose of the Neighborhood Activity Center (NAC) category is to provide for areas that serve neighborhood residents and businesses. Typical land uses for these areas include small offices, limited retail and grocery stores. Planning History: This area has been subject to two previous planning efforts: The Austell Road Livable Centers Initiative (LCI) Study and the Austell Road Access Management Plan. The purpose of the LCI study was to recommend land use policy changes and transportation improvements, while the purpose of the Access Management Plan is to recommend additional transportation improvements that will improve safety and mobility along the corridor. ANALYSIS: The subject properties are currently under the Community Activity Center (CAC) future land use category. They are mainly surrounded by Low Density Residential (LDR), with some areas abutting High Density Residential (HDR), Medium Density Residential (MDR), Public

Page 27 of 266

Institutional (PI) and Industrial (I) land use. Due to the proximity of this eight-mile long commercial corridor to a largely single family residential community and in recognition of the need to establish an appropriate land use transition from commercial areas to residential areas surrounding it, staff recommends a Neighborhood Activity Center (NAC) land use category. A windshield survey was conducted in May 2013 to accurately assess the existing land uses within the corridor. The pattern of land uses found is predominately retail, office and general services. This corridor is suburban in nature and generally automobile oriented. Commercial strip development lines the major arterial (Austell Road), with single and multi-family residential development found along quieter streets behind. A significant portion of the homes built are primarily one-story ranch-style residences of which some have been converted to retail and office uses. Given the current economic and market conditions the vacancy rate is low. Many businesses are operating but have a dilapidated or rundown appearance. This is in vast contrast to the wellmaintained residential neighborhoods located just behind the corridor. Generally speaking, many of the lots fronting Austell Road are smaller in size, due to many years of road widening on Austell Road, making them able to support floor area ratios recommended in the NAC future land use category (0.5 or less for office use and 0.25 for retail use) rather than the CAC category (0.75 for office use and 0.25 for retail use). The most noticeable aesthetic concerns were the inconsistency of signs and streetscape fronting the corridor. There was no cohesive sign design in height, size or graphics. The existing streetscape along Austell Road is stark in most areas with pockets of improved areas. There is a discontinuity in landscaping, concrete medians and lighting. Sidewalks are present on both sides of Austell Road. Although many of the parcels are small and irregularly shaped with inadequate parking, there still remain some opportunities for redevelopment of both vacant and currently occupied commercial properties. Assessing the existing commercial area has provided staff with information needed to address compatibility between land uses when making land use decisions and to mitigate possible adverse impacts of commercial properties on residential properties. The recommended Comprehensive Plan change seeks to provide more neighborhood scale commercial, reflecting the areas existing commercial uses while upholding individual’s property rights. 1) Applicable Goals from the Comprehensive Plan: 1. Cobb County is a business-friendly community that supports business development and entrepreneurship. This orientation along with other attributes, has established Cobb as one of the best places to start a new business, expand an existing business, or relocate a company. 2. Cobb is proud of being a regional leader and supportive partner in making the Atlanta Region a great place to live, learn, work, and play. 3. In the year 2030, Cobb is recognized as Georgia’s most complete community, a place that combines the best of urban, suburban, and rural life to appeal to a broad spectrum of people. 2) Applicable Policies from the Comprehensive Plan: 1. Promote the continued development of our major business districts to support employment growth, provide retail services, and serve as a hub for the community. 2. Provide sufficient opportunities for each land use type to serve the needs of the community, maintain the current tax base, and balance/sustain a desired mix of residential types. 3. Address compatibility between land uses when making land use decisions.

Page 28 of 266

4. Provide transitions in scale and/or land use between high and low intensity land uses.
3) Consistency with existing Corridor Studies and Other Plans: This property is partially located within the boundaries of the Austell Road Corridor Study and the Austell Road Access Management Plan. 4) Adherence to Nodal Development Patterns: This proposal is in compliance with a nodal pattern of development as approval of this request will maintain a concentrated CAC node at area around Cobb Wellstar Hospital (East West Connector and Austell Road). The change of the northern and southern peripheries of the corridor will still encourage office and commercial development, albeit at a smaller scale more in keeping with the surrounding residential development and existing lot dimensions 5) Consistency with Revitalization Goals: Some of the commercial properties in this area are underutilized and/or near end of their lifecycle as currently designed and built. As new investment comes into this area, it is important that it be done in a manner that ensures quality design. 6) Environment Impact: At this level of analysis, staff is not able to identify any known environmental resources, restraints or concerns that may be affected by this application. The undeveloped properties in this area should strive to protect tree canopies and redeveloping properties should be brought into compliance with the county’s tree ordinance. 7) Transportation Analysis:

1. Major Thoroughfare Plan (Roadway Classification): Austell Road: Arterial 2. Number of Lanes (Existing): Austell Road: 4 travel lanes, divided with median 3. Number of Lanes (Proposed): Austell Road: 4 travel lanes, divided with median 4. Traffic Volume (ADT): Austell Rd, South of Hicks Rd 3/5/2013 (30600) Austell Rd, North of Milford Church Rd 4/17/2012 (30100) Austell Rd, North of Windy Hill Rd 11/16/2006 (34,500) 5. Sidewalks: Austell Road: Sidewalk Present (both sides) 6. Bicycle Lanes/Trails: Austell Road: None present on Austell Road along the corridor; Austell Road crosses Silver Comet Trail near (Drennon Ave and Austell Rd) 7. Transit: Route 15 and Route 30

Page 29 of 266

8. Proposed Projects of Impact: No Propose Project of Impact. 9. CTP Recommendations: The 5 year update of the Cobb 2030 Comprehensive Transportation Plan (CTP) is currently in the beginning stages of development. Selected transportation projects recommended in the 2008 Board adopted CTP and other transportation investment studies have been funded through the county SPLOST program and the Regional Transportation Improvement Program and Long Range Transportation Program. Those projects are listed in the “Proposed Projects of Impact” item previously stated. A revised listing of recommended transportation improvements will be available by the end of FY 13 for consideration when approving future Comprehensive Plan Amendments.

Page 30 of 266

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Page 32 of 266

Austell Road
Mid-year Comprehensive Plan Land Use Analysis & Recommendations

June 5, 2013

Cobb Community Development Agency Planning Division
P O Box 649 Marietta, Georgia 30061-0649
www.cobbcounty.org

Page 33 of 266

BOARD OF COMMISSIONERS
Timothy D. Lee, Chairman Helen Goreham Bob Ott JoAnn K. Birrell Lisa Cupid

PLANNING COMMISSION
Judy Williams, Vice Chairman Bob Hovey Mike Terry Christi Trombetti Galt Porter

COUNTY MANAGER
David Hankerson

COMMUNITY DEVELOPMENT AGENCY
Rob Hosack, ACIP, Director Dana Johnson, AICP, Planning Division Manager Keehren Baah, Planner II

Page 34 of 266

Table of Contents
Introduction ............................................................................................................ 1 Land Use Analysis ................................................................................................... 4 Recommendations .................................................................................................. 7 Appendix................................................................................................................. 9

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Introduction:

In April of 2013, the Planning Division of the Cobb County Community Development Department was directed to study the Austell Road corridor for possible amendments to the Comprehensive Plan. The primary goal of this Comprehensive Plan amendment was to establish an appropriate future land use category for properties along Austell Road so that current and possible future uses could be taken into consideration, as well as to provide a better transition in scale from the residential properties existing in the county to the commercial street frontage along Austell Road. The study area is located in district 19 and 17, and includes parcels from approximately 36 land lots. The diagram below includes each district and land lot distribution. The subject properties are currently under the Community Activity Center (CAC) future land use category. The purpose of the Community Activity Center (CAC) is to provide for areas that can meet the immediate needs of several neighborhoods or communities. Typical land uses for these areas include low to mid-rise office buildings and department stores. Staff is recommending a change to Neighborhood Activity Center, which provides a suitable transition in scale and land use between high and low intensity land uses. Moreover, the purpose of the Neighborhood Activity Center (NAC) category is to provide for areas that serve neighborhood residents and businesses. This is the current case with the corridor’s commercial businesses. Typical land uses for these areas include small offices, limited retail and grocery stores. Staff has included photographic documentation of existing commercial businesses. See Exhibit A. These visuals support the appropriate floor area ratios recommended in the proposed NAC future land use category.

DISTRICT 19

• LAND LOTS • 555, 556, 557, 628, 631 • 632, 701, 702, 706, 993 • 1006, 1066, 1067, 1080 • 1081, 1140, 1141, 1154, • 1155, 1213, 1214, 1230, • 1287

DISTRICT 17

• LAND LOTS • 14, 15, 16, 58, 59, 60 • 84, 85,132, 133, 154, • 207, 208

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This proposal is in compliance with a nodal pattern of development as approval of this request will maintain a concentrated CAC node at the area around Cobb Wellstar Hospital (East West Connector and Austell Road). The change of the northern and southern peripheries of the corridor will still encourage office and commercial development, albeit at a smaller scale more in keeping with the surrounding residential development and existing lot dimensions. Some of the commercial properties in this area are underutilized and/or near end of their lifecycle as currently designed and built. As new investment enters this area, it is important that it be done in a manner that ensures quality design. Study Area This area is centrally located between the City of Marietta to the north, Austell to the south, Smyrna to the east and Powder Springs to the west. It incorporates approximately 370 acres (8 square miles) of commercial property. The vibrant commercial activity and high traffic volumes concentrated around the intersection of Austell Road and East West Connector conveys a true to form Community Activity Center. See the high density of commercial activity at E.W. Connector to the right. Based on this observation, staff focused its analysis on the six and one half-mile long segment of Austell Road stretching from the city limits of Austell to Sandtown Road, with the exception of a one and one half mile segment between Orange Hill Road and Amy Lane surrounding the Austell Road / East West Connector Community Activity Center. The corridor also attracts varied consumers such as neighborhood residents, community shoppers and pass-through customers. The study area is currently under the Community Activity Center (CAC) future land use category. They are mainly surrounded by Low Density Residential (LDR), with some areas abutting High Density Residential (HDR), Medium Density Residential (MDR), Public Institutional (PI) and Industrial (I) land use. Such residential properties are located behind the commercial corridor. They are mature and stable, ranging from large to medium size single family lots to pockets of clustered subdivision communities and with one unfinished subdivision. A significant portion of the homes built are primarily one-story ranch-style residences of which some of those fronting Austell Road have been converted to retail and office uses. There are some new residential developments built with the last ten years located closer to the corridor’s
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center at East West Connector. Namely, Crest Ridge and Park Trail residential subdivisions, built in 2003 and 2007 respectively (See inserts from each subdivision below). The residential areas are supported by three schools: Sanders Primary and Intermediate Schools, and South Cobb High School.

Crest Ridge Subdivision

Park Trail Subdivision

Currently zoning along the Austell Road corridor is an assortment of single-family / multi-family residential, commercial/retail, industrial and office uses. The corridor shows evidence of retail use categorized as Class-B & Class-C businesses. The strip retail shopping centers and converted residential properties along the corridor exhibit contrasting levels of aesthetic improvements. An investment in aesthetic improvements along the corridor could provide immediate benefit to the roadway, such as improving building facades, street trees, parking lot planted islands and decorative street lighting. Elevating the required standard for signage and roadway landscaping are two features that would drastically change the corridor. These needed urban design elements are for the most part nonexistent throughout most of the corridor due to the large number of existing legally nonconforming uses/structures. Planning History: This area has been subject to two previous planning efforts: The Austell Road Livable Centers Initiative (LCI) Study and the Austell Road Access Management Plan. The purpose of the LCI study was to recommend land use policy changes and transportation improvements, while the purpose of the Access Management Plan is to recommend additional transportation improvements that will improve safety and mobility along the corridor.

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Land Use Analysis A windshield survey was conducted in May 2013 to accurately assess the existing commercial land use within the corridor (see attached Exhibit 1). The pattern of land uses found is predominately retail, office and general services. This observation highlights a distinctive difference between the corridor’s north segments (Amy Lane to Sandtown Road) being heavily directed towards auto services, auto repair and retail, while the south segment (Orange Hill Drive to city limits of Austell) is primarily office and general service oriented. The presence of automotive businesses culminates with the true characteristic of the corridor-generally automobile oriented. The corridor experiences high traffic volumes, especially during morning and evening rush hours and has become a major transportation route to Interstate 20 and 285. The corridor has many assets that could promote redevelopment activity in key locations along Austell Road. These assets include a substantial retail base, proximity to neighboring cities and access to interstate systems. Northern Corridor Conditions Interestingly, given the current economic and market conditions the study area’s vacancy rate is very low. One may expect a higher vacancy rate instead there is a widespread of adaptive reuse. The commercial strip development lining the major arterial (Austell Road), has maintained a stream of small business operations and a shift in product. For example, office and retail spaces are home to new start up churches, entrepreneurial investors, financial and personal care services. Although the new businesses bring a positive energy to the corridor a significant drawback is the dilapidated or rundown appearance of the institutionalize area businesses. These are signs of the ongoing challenge of small local commercial properties to remain operational. A recent 46,404 sq feet retail investment just north of Milford Church Road and Austell Road intersection impacted the community more after closing their major anchor tenant last year. The Milford Crossing Shopping Center was built in 2010. Currently, the parking area is desolate however, most importantly the quality landscape, curb and right of way improvements has substantially modernized this part of the corridor. Additionally, Family Dollar Corporation has constructed two new stores within the last 24 months just north of Pat Mill Road and Cochran
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Road intersections with Austell Road. The northern section contains more irregular shaped and undeveloped properties, which appears to have the potential for property assemblage and comprehensive development. However, the area’s 300+ varying property owners will present challenges in assembling parcels for future growth opportunities. Over half of the sites observed were noted as having physical characteristics which could provide for enhanced and additional streetscape and landscape. See Figure . Southern Corridor Conditions There is also significant commercial development in the southern portion of the study area adjacent to Austell Road from Clay Road to Leila Street. A large component of this is Austell Plaza, a 120,000 square foot shopping center that houses discount merchandisers Big Lots and Citi Trends. This plaza was built in the 1970’s but has lost its curb appeal over time and would benefit from a redesign that would promote building and street interaction, taking into account all users - not just motor vehicles. As mentioned above, the south segment of the corridor is primarily office and general services oriented. Many of the offices are health related and serve a mix of population ages. They depict the converted single-family residential to commercial and retail ranch-style building type. Like the northern portion of the corridor, the southern has irregular shaped small lots but are more compact and nearly built out. Compared to the northern half of Austell Road Corridor, the southern section has significantly fewer vacant and undeveloped lots. Inconsistent architectural appearance of structures; excessive curb cuts, signage and outside storage is similar to the northern portion and lends more to a neighborhood scale type business community. Generally speaking, many of the lots fronting Austell Road are smaller in size, due to many years of road widening on Austell Road, making them able to support floor area ratios recommended in the NAC future land use category (0.5 or less for office use and 0.25 for retail use) rather than the CAC category (0.75 for office use and 0.25 for retail use). That being said, there is vast contrast to the wellmaintained single and multi-family residential neighborhoods found along the quieter streets behind the commercial uses enfronting Austell Road. To provide more of a step down/transition land use common in similar areas of the county, Neighborhood Activity Commercial is the appropriate land use here.
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Transportation The roadway network within north and south sections primarily consists of four arterials and several major and minor collectors per the Cobb County’s Major Thoroughfare Plan. The primary roadways within the 8-mile study area are Austell Road, which runs north-south and the East-West Connector. Other prominent roadways include Windy Hill Road, Floyd Road, Clay Road, Brookwood Drive, Hurt Road, Milford Church Road and Callaway Road. Of these roadways, only Austell Road is a state roadway (designated as State Road 5). The entire length of Austell Road is divided by either a concrete or grass median, which restricts left-turn movements along the roadways. The roadways are also characterized by an excessive number of ingress and egress points to adjacent properties. Due to the divided median, almost all of these access points are restricted to “right-in, right-out” turn movements as stated in the Austell Road Access Management Plan. Traffic volumes accounts for 30,600 ADT (Average Daily Trips) recorded just south of Hicks Road on 3/5/2013, 30,100 north of Milford Church Road on 4/17/2012 and 34,500 just north of Windy Hill Road 11/16/2006. Due to commuting patterns, the roadway’s intersection with the East-West Connector, the presence of newer large retail centers, and the location of WellStar Cobb Hospital and adjacent medical offices, the corridor experiences high traffic volumes, especially during morning and evening rush hours. Roadway connectivity is an important factor because it enhances multiple means of access to surrounding land uses without the necessity to access these uses via Austell Road. As a result, overall travel conditions along Austell Road can be improved. In general, the Austell Road Corridor is characterized by poor connectivity due to the overall lack of parallel roadways in close proximity to Austell Road and the proliferation of cul-de-sacs and limited ingress and egress points in surrounding residential areas.
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There are no bicycle lanes or trails present along the corridor; Austell Road crosses Silver Comet Trail near Drennon Ave and Austell Rd intersection. There are existing sidewalks on both sides of the corridor and Route 15 and Route 30 provides access to public transit. There are no proposed projects of impact per the Department of Transportation. The 5-year update of the Cobb 2030 Comprehensive Transportation Plan (CTP) is currently in the beginning stages of development. Selected transportation projects recommended in the 2008 Board adopted CTP and other transportation investment studies have been funded through the county SPLOST program and the Regional Transportation Improvement Program and Long Range Transportation Program. Those projects are listed in the, “Proposed Projects of Impact” item previously stated. A revised listing of recommended transportation improvements will be available by the end of FY 13 for consideration when approving future Comprehensive Plan Amendments. Recommendations: In keeping with the established policies of the Comprehensive Plan, staff has 1) identified the appropriate future land use category for properties along Austell Road, 2) analyzed the existing conditions of the study area and 3) recommends the following alternatives including mitigation for future impacts of commercial development: 1) Provide transitions in scale and/or land use between high and low intensity land uses. Staff recognizes the long standing pattern of commercial development here; however it is also important to address the need to protect the scale and character of adjacent residential neighborhoods. As commercial property along Austell Road is redeveloped, the abutting residential neighborhoods will need transitions established. Examples are use of broad landscape buffers and step-down in building heights. Such examples can ensure that the density, form and zoning requirements for commercial areas balance business needs with the need to protect residential property value. Staff recommends that these transitions are established on the redeveloped property at the time of zoning and site plan approval. 2) Address compatibility between land uses when making land use decisions. It is apparent that the existing business types, sizes and products provided in the corridor are more compatible with a Neighborhood Activity Center (NAC) land use designation than a Community Activity Center (CAC) designation. The CAC category typical land uses include low to mid-rise office buildings and department stores, which is not the case in the study area. The blueprint of older residential structures reused for commercial businesses expands from north to south throughout the
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Austell Road corridor. Improving this blueprint should be done in accordance with the goals and policies of the Comprehensive Plan. 3) Neighborhood Preservation and Non Residential Improvements by way of conscious attention to aesthetics, better code enforcement and specific community design standards. As housing ages and traffic increases, the neighborhoods that line the Austell Road Corridor face several challenges and staff has observed many changes that have taken place over time. The changes can be termed as slow, stagnant and declining for many areas. An infusion of new quality private investment is required in order to attract the types of businesses the corridor is designed to sustain successfully. In addition, there are some legacy development issues that can be retrofitted through new investment, such as; a) the older commercial strip centers that are not meeting current market standards, b) the individual site with detention ponds surrounded by a chain link fence, which decrease community attractiveness, c) the lack of continuity of materials or graphic cohesiveness of sign design, and 4) the particularly barren, concrete medians with narrow sidewalks and little right-of-way landscaping. Finally, existing urban design conditions within the commercially developed portions of the study area are not consistent with other commercial corridors in the County. Staff recommends a focused attention to issues of grandfathering so that upgraded urban design conditions within the commercially developed portion of the study area can occur as the legally nonconforming status of properties wanes due to a changes in business conditions.

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Appendix

Windshield Survey Map 1 Map 2 Map 3 Map 4 Exhibit A Austell Road Northern Corridor Zoning Austell Road Northern Corridor Future Land Use Austell Road Southern Corridor Zoning Austell Road Southern Corridor Future Land Use Photographic Documentation from Windshield Survey

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Map 1: Zoning - Northern Corridor

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Map 2: Future Land Use - Northern Corridor

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Map 3: Zoning - Southern Corridor

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Map 4: Future Land Use - Southern Corridor

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The columns below provide information of property uses and their location in relation to Austell Road (Austell Road is oriented to the middle of each column) and cross roads throughout the corridor. The blue shade columns represent the east and west parcels north of E. W. Connector (northern segment) of the study area while the orange shade columns represent the east and west parcels south of E. W. Connector (southern segment). Additional column information for the southern segment can be found on Page 16.

SANDTOWN ROAD

COUNTY SERVICES PKWY
VACANT RESIDENTIAL FAMILY DOLLAR AUTO REPAIR VACANT CHURCH RESIDENTIAL VACANT RESIDENTIAL VACANT AUTO REPAIR GAS STATION AUTO REPAIR CAR WASH RESTAURANT FIRE STATION VACANT BAIL BONDS RETAIL BAIL BONDS CLINIC DAY CARE PAWN SHOP BAIL BONDS

GAS STATION RESIDENTIAL AUTO REPAIR AUTO SALES RESIDENTIAL RESIDENTIAL

JUNK YARD DAY CARE CHURCH

CUNNINGHAM DRIVE
RESIDENTIAL RESIDENTIAL BAIL BONDS AUTO CARE AUTO SALES VETERENARIAN PET GROOMING DUI SCHOOL HAIR SALON CONSTRUCTION GROCERY AUTO SALES BAIL BONDS FAMILY DOLLAR AUTO SALES SHOPPING PLAZA CHURCH RESIDENTIAL VACANT

WINDY HILL ROAD
AUTO PARTS SCHOOL (ELEMEN) RESIDENTIAL POWER EQUIP SALES AUTO REPAIR PAWN SHOP VACANT RESIDENTIAL STRAW DEPOT

HICKS ROAD
THRIFT STORE RESIDENTIAL BAIL BONDS USED APPLIANCES BOUTIQUE AUTO REPAIR BAIL BONDS PSYCHIC SHOPPING PLAZA GAS STATION VACANT STORAGE PLUMBING

TROPHY SHOP AUTO SALES

UNDEVELOPED VACANT

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CALLAWAY ROAD

ORANGE HILL DRIVE

VACANT AUTO REPAIR BOWLING

RESIDENTIAL SHOPPING PLAZA PHARMACY AUTO REPAIR

RESIDENTIAL ICE CREAM SHOP CAR WASH CLINIC PHYSICIAN NEUROLOGY THRIFT STORE GAS STATION

CHIROPRACTOR HAIR SALON DAY CARE VACANT ATTORNEY RESIDENTIAL CLINIC RESIDENTIAL

RESIDENTIAL VACANT GAS STATION

MILFORD CHURCH ROAD
RESIDENTIAL CHURCH SELF STORAGE

SEYES ROAD
AUTO SALES RECYCLING HAIR SALON/BARBER GOV'T CENTER CHURCH DENTIST HAIR SALON AUTO PARTS CAR WASH CHURCH

GLASS MANUFACT DONUT SHOP FINANCIAL SERV

AUTO PARTS PLUMBING JEWELRY REPAIR

AUTO SERVICE RESIDENTIAL CHURCH COMPUTER REPAIR HIGH SCHOOL FARMERS STAND

TITLE PAWN RESIDENTIAL STORAGE RESIDENTIAL

GAS STATION AUTO SALES CHIROPRACTOR

MARTIAL ARTS PHARMACY AUTO SERVICE

INSURANCE RESIDENTIAL AUTO PARTS

CLAY ROAD
CLAY PLAZA RESTAURANT AUTO REPAIR HAIR SALON RESIDENTIAL FINANCIAL SERV RESIDENTIAL FAST FOOD VAC FAST FOOD GAS STATION STORAGE OFFICE PLAZA GAS STATION EVENT SPACE ATTORNEY AUTO REPAIR AUTO SALES SHOPPING PLAZA US POST OFFICE AUTO REPAIR RESTAURANT AUTO REPAIR

FINANCIAL SERV LAW OFFICE RESIDENTIAL

The orange shade columns to the right represents the east and west parcels south of E. W. Connector (southern segment) along Austell Road commercial corridor.

CITY OF AUSTELL

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PUBLIC COMMENT (BEGINNING OF MEETING) JULY 23, 2013 Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.

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CONSENT AGENDA REGULAR MEETING OF JULY 23, 2013
ITEM NO.

TRANSPORTATION AGENCY Airport 1 To authorize the purchase of stream and wetland mitigation credits from Mitigation Management, LLC and Georgia Streambank, LLC, for stream and wetland impacts associated with Taxiway A and B Improvement Project at Cobb County Airport– McCollum Field. Engineering 2 To approve a Local State Route Acceptance Resolution, a Contract for Maintenance of Highways and Authorizing Resolution, and a Local Public Road Acceptance Resolution with the Georgia Department of Transportation for improvements to New Macland Road and Lost Mountain Road, State Project No. CSSTP-0006-00(049), State P. I. No. 0006049. Traffic Operations 3 To approve a contract with Detection Engineering Technologies, Inc., for traffic signal upgrades on US41/Cobb Parkway, Project No. TR466/CCID-1046, PV Contract No. 000667. Transit 4 To approve a contract with GFI Genfare for the installation of two stationary vaults, to include disposal of two existing vaults, at the Cobb Community Transit Administration Facility. PUBLIC SERVICES AGENCY Library System 5 To authorize application for and acceptance of annual grants from State FY14 from the Board of Regents, Georgia Public Library Service. SUPPORT SERVICES AGENCY Property Management 6 To approve Supplemental Agreement No. 6 and Change Order No. 4 (final) to the contract with CRS Building Corporation for the construction of the new Cobb Community Transit Para-transit Facility, also known as the Mobility Center, Project No. 4832, PV No. 000549.

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7

To approve the schematic design, presented at the July 23, 2013 Work Session, for the new Air Traffic Control Tower at Cobb County Airport - McCollum Field. COMMUNITY DEVELOPMENT AGENCY Administration

8

To approve a special festival permit for Jamestowne Properties for the “Riverview Landing Fall Festival” to be held October 12, 2013. Business License

9

To authorize a refund of overpaid taxes by Wells Fargo Bank, NA for 2010, 2011 & 2012. To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant, 3101 Roswell Rd., Suite 104, Marietta, Georgia 30062, Rafael G. Jaime, licensee. To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for A.G. Alliance, Inc., doing business as, Tavern@Winglab, 1025 East West Conn, Suite 100, Austell, Georgia 30106, Jenaro Roberts, licensee. ECONOMIC DEVELOPMENT

10

11

12

To adopt a resolution approving the issuance of Revnue Bonds by the Development Authority of Cobb County for the purpose of assisting Provident Group - Creekside Properties LLC. To adopt a resolution approving the issuance of Student Housing Refunding Revenue Bonds by the Development Authority of Cobb County to refinance student housing facilities and other facilities used by Kennesaw State University. To adopt a resolution approving the issuance of Revenue Bonds by the Development Authority of Cobb County for the purpose of assisting Young Men’s Christian Association of Metropolitan Atlanta, Inc. Economic Development CDBG

13

14

15

To authorize the conveyance of property located at 423 Cole Street, Marietta, Georgia purchased under the Home Investment Partnerships Act Program to Cole Street Development Corporation. FINANCE

16

To adopt a resolution adopting all budget amendments set forth in agenda items on this date.
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JUVENILE COURT 17 To authorize the purchase of furniture for the public areas of the Juvenile Court renovated space. COUNTY CLERK 18 To approve the minutes of the following meetings: July 8, 2013 - Agenda Work Session July 9, 2013 - Regular Meeting of the Board July 16, 2013 - BOC Zoning Hearing (provided under separate cover)

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Agenda Item Number. 1

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To authorize the purchase of stream and wetland mitigation credits from Mitigation Management, LLC and Georgia Streambank, LLC, for stream and wetland impacts associated with Taxiway A and B Improvement Project at Cobb County Airport–McCollum Field.

BACKGROUND
On December 7, 2010, the Board of Commissioners approved the Airport Capital Improvement Plan (ACIP) for Cobb County Airport-McCollum Field, which identified Taxiway A and B Improvement Project as a 2011 project. The Board approved the continuation of this project in the 2013 ACIP. The project includes extending Parallel Taxiways A and B to the approach end of Runway 9, constructing a new taxiway connector to serve the north apron, and constructing a south parallel taxiway hold apron. The Federal Aviation Administration (FAA) and the State of Georgia have expressed interest in funding the construction of this project, which is estimated to cost $2,568,000.00. FAA grant funding will reimburse 90 percent of all eligible construction and engineering costs, while State grant funding will reimburse up to five percent of construction costs. A five percent local match for construction costs will be required. On April 26, 2011, the Board authorized submission of a grant application to the FAA and approved Work Order No. D10 with The LPA Group, Inc., in an amount not to exceed $145,310.00, and Work Order No. D11, in an amount not to exceed $97,190.00, for design and bidding services for Taxiway A and B Improvement Project. During the design phase, it was determined that a Section 404 Wetland Permit, Water Quality Page 56 of 266

Agenda Item Number. 1

Certification, Stream Buffer Variances, and mitigation would be required for construction.

On October 11, 2011, the Board approved Supplement Agreement No. 1 to Work Order No. D10 with The LPA Group, Inc., in an amount not to exceed $14,640.00, to gather relevant information, submit the necessary permit applications, and prepare mitigation plans. These costs are eligible for 90 percent reimbursement. On August 28, 2012, the Board approved a grant contract with the Georgia Department of Transportation, in the amount of $246,882.00, for reimbursement of engineering and design expenses related to Taxiway A and B Improvement Project. Pursuant to Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers-Savannah District is currently processing a Nationwide Permit 32 Application that requires 2,226.2 stream mitigation credits and 0.66 wetland mitigation credits to be purchased from a U.S. Army Corps of Engineers approved mitigation bank. Mitigation Management, LLC has 2,226.2 stream mitigation credits available for purchase, in an amount not to exceed $66,786.00, from Applewood Mitigation Bank. Georgia Streambank, LLC has 0.66 wetland mitigation credits available for purchase, in an amount not to exceed $13,200.00, from Alaculsy Mitigation Bank. The total cost of $79,986.00 for mitigation credits is eligible for 90 percent reimbursement from FAA grant funding, and up to five percent reimbursement from State grant funding, upon receipt of a grant for the construction of the project. A five percent local match will be required, which is available in the Airport Division's FY13 approved Fund Balance Reserves budget. Once a grant has been offered, an agenda item will be presented to the Board for authorization to accept and appropriate the grant funding.

FUNDING
Available in the Grant Fund with the following interfund transfer of funding from the Airport Division's FY13 approved Fund Balance Reserves budget: Transfer from: Transfer to: 010-050-0720-8852 270-050-G033-6362 $ 79,986.00 $ 79,986.00

RECOMMENDATION
The Board of Commissioners authorize the purchase of stream mitigation credits from Mitigation Management, LLC, in an amount not to exceed $66,786.00, and authorize the purchase of wetland mitigation credits from Georgia Streambank, LLC, in an amount not to exceed $13,200.00, for stream and wetland impacts associated with Taxiway A and B Improvement Project at Cobb County Airport–McCollum Field; and authorize the corresponding budget transactions.

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Agenda Item Number. 2

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1, 4

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve a Local State Route Acceptance Resolution, a Contract for Maintenance of Highways and Authorizing Resolution, and a Local Public Road Acceptance Resolution with the Georgia Department of Transportation for improvements to New Macland Road and Lost Mountain Road, State Project No. CSSTP-0006-00(049), State P. I. No. 0006049.

BACKGROUND
Georgia Department of Transportation (GDOT) intends to make improvements to New Macland Road and Lost Mountain Road in Cobb County as part of State Project No. CSSTP-0006-00 (049). The project includes widening of SR360/Macland Road from New Macland Road in Cobb County to SR120 in Paulding County. To accommodate the needed rights-of-way acquisition activities and facilitate the construction for this project, it will be necessary to temporarily add sections of the existing roadways to the State Highway System, identified as State Route 1248, until improvements are completed. In addition, portions of Macland Circle, Bullard Road (South), Bullard Road (North) and Florence Road will be re-constructed, re-aligned or widened as part of the project. The Department is in receipt of a Local State Route Acceptance Resolution, a Contract for Maintenance of Highways and Authorizing Resolution, and a Local Public Road Acceptance Resolution from GDOT which are required in order to advance the project to construction. Under the terms of the Local State Route Acceptance Resolution and the Contract for Maintenance of Highways and Authorizing Resolution, Cobb County will continue to fully maintain the sections of New Macland Road and Lost Mountain Road while temporarily designated as State Route 1248.
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Agenda Item Number. 2

Under the terms of the Local Public Road Acceptance Resolution, the County will accept title and ownership of associated rights-of-way and improvements on Macland Circle, Bullard Road (South), Bullard Road (North), and Florence Road upon completion of the project.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve a Local State Route Acceptance Resolution, a Contract for Maintenance of Highways and Authorizing Resolution, and a Local Public Road Acceptance Resolution with the Georgia Department of Transportation (GDOT) for improvements to New Macland Road and Lost Mountain Road, State Project No. CSSTP-0006-00(049), State P. I. No. 0006049; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Local State Route Acceptance Resolution Contract for Maintenance of Highways and Authorizing Resolution Local Public Road Acceptance Resolution

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Page 60 of 266

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Agenda Item Number. 3

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 2

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve a contract with Detection Engineering Technologies, Inc., for traffic signal upgrades on US41/Cobb Parkway, Project No. TR466/CCID-1046, PV Contract No. 000667.

BACKGROUND
US41/Cobb Parkway Traffic Signal Upgrades is a project located within the Cumberland Community Improvement District (CCID), and is identified as Project No. TR466/CCID-1046. On August 14, 2012, the Board of Commissioners approved a Cobb Framework Agreement with the CCID for installation of traffic signal poles and mast arms at the following intersections on US41/Cobb Parkway: Akers Mill Road, Galleria Drive, Galleria Parkway, I285 East Bound Off-Ramp, I-285 West Bound Off-Ramp, and Spring Road. Under the terms of the agreement, CCID will fund all costs associated with the project including, but not limited to, testing and construction management oversight. The project consists of upgrading the existing traffic signals to include replacing span wire and strain poles with mast arms. This project will be 100 percent funded by the CCID. The Department has provided engineering review, and proposes to provide contract administration and both construction engineering and inspection services.

Page 70 of 266

Agenda Item Number. 3

The Invitation to Bid for this project was advertised in the Marietta Daily Journal on June 14, 21, and 28, 2013, and again on July 5, 2013. Bids were received on July 11, 2013, from the following companies: Company Name Detection Engineering Technologies, Inc. North Cherokee Electrical, Inc. R. J. Haynie & Associates, Inc. Bid Amount $1,433,268.85 $1,567,398.36 $1,538,417.70

The low bid of $1,433,268.85 from Detection Engineering Technologies, Inc., was reviewed and found to be reasonable and responsive. The completion date for this project is 365 consecutive calendar days from issuance of the Notice to Proceed.

FUNDING
Appropriate receipt of additional revenue to the Capital Projects Fund from the Cumberland Community Improvement District, as follows: Increase Revenue Appropriation: 380-050-4606-4505-TR466-C $1,433,268.85 $1,433,268.85

Increase Expenditure Appropriation: 380-050-4606-8771-TR466-C

RECOMMENDATION
The Board of Commissioners approve a contract with Detection Engineering Technologies, Inc., in an amount not to exceed $1,433,268.85, for traffic signal upgrades on US41/Cobb Parkway, Project No. TR466/CCID-1046, PV Contract No. 000667; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 71 of 266

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Page 72 of 266

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Agenda Item Number. 4

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve a contract with GFI Genfare for the installation of two stationary vaults, to include disposal of two existing vaults, at the Cobb Community Transit Administration Facility.

BACKGROUND
On April 12, 2011, the Board of Commissioners adopted a resolution authorizing the submission of an FY11 Section 5307 Grant application (GA-90-X303) to the Federal Transit Administration (FTA), in which funds were budgeted for transit center equipment. On September 27, 2011, the Board adopted a resolution authorizing the submission of an amended FY11 Section 5307 Grant application (GA-90-X303) to the FTA, in which additional funds were budgeted for transit center equipment. Stationary vaults are a vital part of Cobb Community Transit's (CCT) revenue collection system. The vaults are necessary to protect revenues collected from theft and to provide security and reliability for maintaining the integrity of revenue collection procedures. Vaults are mounted to the exterior wall of the secured cash room, providing external access for farebox servicers to deposit daily cash receipts into the vault receiver. As buses are serviced at the end of daily routes, each farebox is probed; this action downloads the daily ridership/revenue data by bus, and unlocks the farebox so it can be removed from the bus to allow the cash receipts to be emptied into the vault receiver. This process eliminates the physical handling of cash receipts being placed in the vault. Cash receipts placed in the vaults can only be accessed from inside the facility by staff authorized to enter the secured cash room.

Page 73 of 266

Agenda Item Number. 4

CCT currently utilizes two vaults, which are more than 20 years old and have exceeded their useful life per both County and FTA regulations. The vault components malfunction on a regular basis, requiring frequent repairs to the internal probing mechanisms, the door that releases the money inside the cash room, and the farebox receiver which allows the cash to be securely deposited directly into the stationary vault. Malfunctions and repairs of these various components cause delays in completion of the daily revenue count, as required by revenue collection procedures. Due to the age of the current vaults, repairs have become costly and more frequent. New vaults will increase the efficiency and security of the revenue collection process. Installation of the new stationary vaults is estimated to take approximately two hours per vault. In an effort to prevent negative impacts or interruptions to the revenue collection process, the vendor will be required to remove and install one vault at a time. Once removed, the vendor will be required to dispose of the old vaults. The Invitation to Bid for this procurement was advertised in the Marietta Daily Journal on June 14 and 21, 2013, and was also sent to firms on an identified vendor list. One bid was received on June 27, 2013, from GFI Genfare, in the amount of $75,416.00. The single bid of $75,416.00 from GFI Genfare was lower than the independent cost estimate calculated by CCT staff, and was deemed to be fair and reasonable based on the price analysis performed. Funding for the procurement of the stationary vault equipment is available through FTA FY11 Section 5307 Grant No. GA-90-X303. Federal funding will provide 80 percent of the total cost of the equipment, not to exceed $60,332.80. The 20 percent local match required, not to exceed $15,083.20, is available in the approved Transit Capital Project Fund budget. The contract with GFI Genfare has been reviewed by the County Attorney's office.

FUNDING
Available in the FY13 approved Transit Capital Projects Fund budget with the following budget transfer: Transfer from: Transfer to: 202-050-4864-8005 202-050-4864-8490 $75,416.00 $75,416.00

RECOMMENDATION
The Board of Commissioners approve a contract with GFI Genfare, in an amount not to exceed $75,416.00, for the installatin of two stationary vaults, to include disposal of two existing vaults, at the Cobb Community Transit Administration Facility; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

Page 74 of 266

Agenda Item Number. 5

Cobb County Public Library System
Helen Poyer, Director 266 Roswell Street Marietta, Georgia 30060-2004 (770) 528-2318 / fax: (770) 528-2349

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Helen Poyer, Director This item has been electronically signed by:
Jackie R. McMorris, Director of Public Services Helen Poyer, Director

DATE:

July 23, 2013

PURPOSE
To authorize application for and acceptance of annual grants from State FY14 from the Board of Regents, Georgia Public Library Service.

BACKGROUND
The Cobb County Public Library receives annual formula-based System Services, Library Materials, and Salary and Positions grants from the Board of Regents, Georgia Public Library Service. They are awarded upon receipt of an approved Annual Report and Application for Renewal of State Aid. The State FY 2014 grants are explained below. The amount these grants can and frequently does change during the year, as funds become available or are cut at the state level or if there is a change in staff in state-funded positions. System Services: $390,326.00

Used for automation, library materials, furniture, equipment, branch improvements, repairs, staff development, and programs. Materials: $48,952.27

Used for library materials in various formats, such as books, electronic resources, and audiovisuals. This amount reflects a FY 2014 reduction of $207,424.13.

Page 75 of 266

Agenda Item Number. 5

Salaries:

$548,483.10

Used to reimburse Cobb County for the state portion of the salary of and employer contribution to the Teacher Retirement System for staff in the state-funded positions Cobb County is allocated. The actual salary reimbursement is determined by the years of experience of each person, so it can change if there is a change in staff. Total: $987,761.37

IMPACT STATEMENT
There is no County match required for these grants.

FUNDING
Revenue for staff reimbursement will be received in the following: 010-080-1800-4490 (Staff Reimbursement - Library) $548,483.10

Increase revenue: 270-080-GL06-4455 270-080-GL07-4455

(Board of Regents) (Board of Regents)

$ 48,952.27 $390,326.00 Total $439,278.27

Increase expenditures: 270-080-GL06-6154 270-080-GL07-6018 270-080-GL07-6034 270-080-GL07-6052 270-080-GL07-TBD

(Library Materials) (Part-time Salaries) (FICA) (Library Materials) (Various Operating Expense)

$ 48,952.27 $ 18,036.75 $ 1,616.52 $206,672.72 $164,000.00 Total $439,278.27

RECOMMENDATION
The Board of Commissioners authorize application for and acceptance of annual grants from State FY14 from the Board of Regents, Georgia Public Library Service, in the initial amount of $987,761.37 plus any funds added to these grants by the State during the fiscal year, and further authorize the related budget transactions.

Page 76 of 266

Agenda Item Number. 6

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Property Management Director Faye DiMassimo, Transportation Agency Director This item has been electronically signed by:
John A. Reida, Director Faye DiMassimo, Director

DATE:

July 23, 2013

PURPOSE
To approve Supplemental Agreement No. 6 and Change Order No. 4 (final) to the contract with CRS Building Corporation for the construction of the new Cobb Community Transit Paratransit Facility, also known as the Mobility Center, Project No. 4832, PV No. 000549.

BACKGROUND
On April 10, 2012, the Board of Commissioners approved a contract with CRS Building Corporation for construction of the new Mobility Center. On September 25, 2012, the Board approved Supplemental Agreement No. 1 to the contract with CRS Building Corporation for additional curbing, removal of unforeseen concrete foundations buried at the site, additional fencing as required by the City of Marietta, additional piping for site drainage, irrigation, and a contract time extension of twelve (12) working days. On October 23, 2012, the Board approved Supplemental Agreement No. 2 to the contract with CRS Building Corporation for additional landscaping as required by the City of Marietta zoning ordinances, associated landscape irrigation systems and a contract time extension of twelve (12) working days. On November 27, 2012, the Board approved Supplemental Agreement No. 3 to the contract with CRS Building Corporation for installation of low voltage wiring throughout the facility, and also approved Change Order No. 1 for modifications to the structural steel, electrical room fire rating, carpeting, receptacle/data outlets, sidewalks, and landscaping. On February 12, 2013, the Board approved Supplemental Agreement No. 4 to the contract with Page 77 of 266

Agenda Item Number. 6

CRS Building Corporation for interior and exterior signage, building dedication plaque, and administrative building indoor/outdoor video surveillance systems. The Board also approved Change Order No. 2 for masonry sill changes, additional doors for security purposes, mechanical equipment controls, concrete approach aprons and building parapet insulation, and overhead door motor voltage modifications. On April 23, 2013, the Board approved Supplemental Agreement No. 5 to the contract with CRS Building Corporation for maintenance building crosswalk/concrete stairs/railings, structural supports for roof screening material, ladder rack for Data Room, additional flashing boots for roof screening posts, additional striping/numbering in parking area, and motor/power to sliding gate. The Board also approved Change Order No. 3 for maintenance building curb replacement, fluid/air line changes, revised power to lift motors, fire alarm/strobe light changes, revised toilet accessories, additional electric feeds, additional concrete for main hydraulic lift, additional ceiling tile for Room Nos. 11, 13, and 21, and mechanical lift electrical changes. Details for action requested are as follows: Supplemental Agreement No. 6 to the contract with CRS Building Corporation, in an amount not to exceed $4,942.85, and Change Order No. 4 (final), in an amount not to exceed $986.75, incorporate Change Directives No. 5 and No. 6, as approved by the County Manager to sustain the project schedule. Requested work for Supplemental Agreement No. 6 includes: Kronos clock data and power drops; reception desk changes; twist lock assembly in the Data closet; and four data drop changes in the reception area. Requested work for Change Order No. 4 (final) includes: maintenance building cooler outlet; fire alarm changes; fan motor for maintenance building; change maintenance building outlets to GCFI; relocation of 2 exit signs; upsize of gas line for water heaters; and credit from remaining allowances. Original Contract Amount Supplemental Agreement No. 1 Supplemental Agreement No. 2 Supplemental Agreement No. 3 Supplemental Agreement No. 4 Supplemental Agreement No. 5 Supplemental Agreement No. 6 Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Revised ContractAmount $4,400,256.00 $ $ $ 37,053.77 90,861.64 36,839.52

$ 28,367.54 $ 40,939.89 $ 4,942.85 $ 2,941.58 $ 31,302.04 $ 33,367.96 $ 986.75 $4,707,859.54

FUNDING
Available in the Transit Division's approved Capital Projects Fund with the following budget transfer: Transfer from:202-050-4832-8005 (Preliminary Estimate) Transfer to: 202-050-4832-8125 (Construction-New Bldgs.)
Page 78 of 266

$5,929.60 $5,929.60

Agenda Item Number. 6

RECOMMENDATION
The Board of Commissioners approve Supplemental Agreement No. 6 to the contract with CRS Building Corporation, in an amount not to exceed $4,942.85, and Change Order No. 4 (final), in an amount not to exceed $986.75, for construction of the new Cobb Community Transit (CCT) Paratransit Facility, also known as the Mobility Center, located at 431 Commerce Park Drive, Project No. 4832, PV Contract No. 000549; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 79 of 266

Agenda Item Number. 7

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Property Management Director Faye DiMassimo, Transportation Agency Director This item has been electronically signed by:
John A. Reida, Director Faye DiMassimo, Director

DATE:

July 23, 2013

PURPOSE
To approve the schematic design, presented at the July 23, 2013 Work Session, for the new Air Traffic Control Tower at Cobb County Airport - McCollum Field.

BACKGROUND
On December 20, 2011, the Board of Commissioners approved the Five Year Airport Capital Improvement Plan (ACIP) which identified a new air traffic control tower as a future project. On December 20, 2012, the Board approved an updated ACIP which included a new air traffic control tower to replace the existing air traffic control tower as a 2013 project. Also on December 20, 2012, the Board authorized the advertisement for and issuance of a Request for Qualifications for the design and construction of the new air traffic control tower, and authorized submission of a grant application to the Federal Aviation Administration for project funding. On July 9, 2013, the Board approved a contract with Peter Brown Construction, Inc., for the design, project fee, and general condition costs of the new air traffic control tower. The exterior rendering was provided to the Board earlier today in Work Session by the project architect and the Departments.

FUNDING
Page 80 of 266

Agenda Item Number. 7

N/A

RECOMMENDATION
The Board of Commissioners approve the schematic design presented at the July 23, 2013 Work Session, for the new Air Traffic Control Tower at Cobb County Airport – McCollum Field, and authorize the Departments to proceed with the project.

Page 81 of 266

Agenda Item Number. 8

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To approve a special festival permit for Jamestowne Properties for the “Riverview Landing Fall Festival” to be held October 12, 2013.

BACKGROUND
Jamestowne Properties, owner of Riverview Landing, is seeking a special festival permit to conduct a Fall Festival which will benefit Chattahoochee NOW, a qualified non-profit organization. Retailers and restaurants will provide food and entertainment in a pedestrian friendly, controlled environment as designated on a plan to be approved by the Community Development Agency. The plan to be approved by Community Development will include a number of agreed upon stipulations per the attached request letter. A temporary beer and liquor license will be obtained by the non-profit charitable organization from Cobb County and the State of Georgia. Similar special festival permits have been previously authorized by the Board of Commissioners for events held on May 12, 2012, and September 28 and 29, 2012.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve a special festival permit for Jamestowne Properties for the “Riverview Landing Fall Festival” to be held October 12, 2013, subject to the letter dated May 22, 2013, and subject to Community Development approving a plan.

ATTACHMENTS
Letter dated May 22, 2013 & Plan

Page 82 of 266

Page 83 of 266

Page 84 of 266

Agenda Item Number. 9

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To authorize a refund of overpaid taxes by Wells Fargo Bank, NA for 2010, 2011 & 2012.

BACKGROUND
Wells Fargo Bank, NA and Wachovia Bank merged in 2010. Prior to the merger, Wells Fargo Bank NA was subject to Cobb County Occupation Taxes for an office located at 2859 Paces Ferry Rd, Ste. 1200, Atlanta, GA 30339. Upon the completion of the merger, Wells Fargo became subject to the Tax on Financial Institutions (Georgia Form 900 & PT 440) and was no longer subject to the Cobb County Occupation Tax. Wells Fargo erroneously continued to pay both an Occupation Tax and Financial Institution Tax for the years 2010, 2011, & 2012, thus double taxation occurred. Wells Fargo Bank has asked for a refund of overpaid taxes in the amount of $8,855 for 2010, $13,026 for 2011 and $15,666 for 2012. Staff has reviewed the request and recommends issuing the refund.

FUNDING
Funding is available with the following budget transfer. Decrease Expenditure Increase Expenditure 010-015-0145-8852 (Unsustainables) 010-030-0360-6627 (Refund & Rebate) $37,547 $37,547

RECOMMENDATION
The Board of Commissioners authorize a refund of overpaid taxes in the amount of $8,855 for 2010; in the amount of $13,026 for 2011; and in the amount of $15,666 for 2012; and further authorize the corresponding budget transactions.

ATTACHMENTS
Refund Request Letter dated April 29, 2013

Page 85 of 266

Page 86 of 266

Page 87 of 266

Agenda Item Number. 10

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant, 3101 Roswell Rd., Suite 104, Marietta, Georgia 30062, Rafael G. Jaime, licensee.

BACKGROUND
On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance restrictions are waived for the issuance of alcoholic beverage licenses and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On July 5, 2013 the application for the Cobb County Liquor, Beer, Wine, and Sunday Sales Pouring Licenses for La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant was originally denied by the Business License Division Manager. The location of La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant, 3101 Roswell Rd., Suite 104, Marietta, Georgia 30062, does not meet the distance restrictions to residences. The appeal of La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant was heard before the License Review Board on July 11, 2013. After considering all testimony and evidence presented during the hearing and the online questionnaire the License Review Board recommended approval of the application for Cobb County Liquor, Beer, Wine, and Sunday Sales Pouring Licenses for La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant.

FUNDING
N/A
Page 88 of 266

Agenda Item Number. 10

RECOMMENDATION
The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the appeal hearing of July 11, 2013 for La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant.

ATTACHMENTS
Summary of July 11, 2013 Appeal hearing License Review Board Questionnaire Survey

Page 89 of 266

Summary of Appeal Hearing before the Cobb County License Review Board for La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant, located at 3101 Roswell Rd., Suite 104, Marietta, GA 30062, Rafael G. Jaime, licensee. On July 11, 2013 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway, Marietta, Georgia 30008. License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Ms. Sandra Richardson, Business License Division manager, explained that the application was denied as provided in Section 6-124 of the Cobb County Code of Ordinances and that the proposed location of Los Arcos Mexican Restaurant is within 300 feet of the property line of a residence. Ms. Richardson also explained that Los Arcos Mexican Restaurant has operated for several years in the shopping center but has been forced to move to a new tenant space within the shopping center due to Walmart Neighborhood Market moving into the shopping center. Ms. Richardson explained that the move required a new alcoholic beverage license application because the new tenant space is a new location. Ms. Richardson also stated that she has received support in favor of Los Arcos Mexican Restaurant being issued an alcoholic beverage license at their new location. Mr. James Ausenbaugh, attorney for Los Arcos Mexican restaurant, stated that Los Arcos Mexican Restaurant has been operating in the same shopping center as the proposed location for approximately ten years with no violations. Mr. Ausenbaugh stated that Los Arcos Mexican Restaurant is a family style restaurant. Mr. Ausenbaugh presented the License Review Board with a drawing depicting the previous location of Los Arcos and the new location of Los Arcos. Mr. Ausenbaugh explained to the License Review Board that the previous location was also within 300 feet of the property line of residences and that the License Review Board granted a distance waiver for that location. Mr. Ausenbaugh stated that Los Arcos Mexican Restaurant generates 80% of their revenue in food sales and 20% of their revenue from alcohol sales. Mr. Ausenbaugh explained to the License Review Board since Los Arcos Mexican Restaurant has moved to the new tenant space that their revenue is down 50%. Mr. Ausenbaugh explained that without an alcohol license Los Arcos Mexican Restaurant will have to close. Mr. Ausenbaugh stated that Los Arcos Mexican Restaurant’s hours of operation are 11:00a.m. to 11:00p.m. daily. Mr. Ausenbaugh stated that Mr. Jaime completes Responsible Alcohol Sales and Service (RASS) training every ninety days to six months. Mr. Ausenbaugh stated that Los Arcos Mexican Restaurant does have policies and procedures in place and that everyone ordering alcoholic beverages must provide identification. Mr. Ausenbaugh explained that there is a sign in sheet for employees to sign daily that states the day’s date and the date of birth that a person would be twenty-one years of age.

Page 90 of 266

Los Arcos Mexican Restaurant Summary of Appeal Hearing, July 11, 2013 After considering all evidence and testimony presented and the online questionnaire completed by Mr. Jaime, and pursuant to a motion by Larry Walker and a second by Eddie Canon, the License Review Board recommended approval of the liquor, beer, wine, and Sunday sales pouring license for La Mara VIII, Inc., doing business as, Los Arcos Mexican Restaurant. The License Review Board voted 4-0 in favor of this motion.

Page 91 of 266

COBB COUNTY BUSINESS LICENSE
P.O. Box 649 Marietta, Georgia 30061-0649 phone: (770) 528-8410 fax: (770) 528-8414 Email: [email protected] Business License Division Manager

Paul Foster

Cobb County License Review Board
FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCE RESTRICTION QUESTIONS FOR THE LICENSEE

License Number: ALC000656

Licensee: RAFAEL G JAIME

1. What was the distance in feet that caused denial of the alcohol license? Slightly less than 300 feet 2. Was it to a church, school, park, library, residence, or liquor store? residence 3. Are there other establishments in the area that have been granted an alcohol license? If so, how far are they from the proposed location? YES, about 100 feet 4. Is there opposition to the application and if so what is their opposition and have you spoken to the oppositon? no 5. Have you owned or worked in an establishment that sold/served alcoholic beverages? Yes 6. Have you ever violdated any Federal Law, State Law, or local ordinance regulating the sale of alcohol? No 7. Is issuing the alcohol license going to have an adverse effect on the the property value of the church, school, park, library or residence? No 8. Is issuing the alcohol license going to have an adverse effect on the property values of the community in the area? No 9. Is issuing the alcohol license going to have an adverse effect on the quality of life of the community? No

ALC000656

PAGE: 1 APHR_ALCH_ LIC_DISTANCE

7/11/2013 9:30:42 AM

Page 92 of 266

10. Is issuing the alcohol license going to have and adverse effect on the operation of the church, school, park, or library? No 11. What type of business will be operating at this location? MEXICAN RESTAURANT 12. What type of training do you have in place for your employees? An outside trainer is hired to conduct alcohol awareness training on site every 90 to 180 days and all employees selling alcoholic beverages are required to attend, the training lasts three hours. In addition all employees are provided with an employment manual which contains provisons regarding the sale of alcoholic beverages 13. What is your policy on when to check ID prior to the sale of alcohol? Employees are briefed on company policy to check client ID regardless of apparent age 14. When ID is requested, what are your employees trained to look for? To check to birthdate, the photo and validity of the ID 15. What written policies and procedures are in place for the establishment? The company has an employee manual with detailed procedures and rules for the sale of alcoholic beverages 16. Were the written policies provided with the application? Yes 17. What type of menu does the establishment have? Written including alcoholic beverages with daily specials 18. Was the menu submitted with the application? Yes 19. What percentage of the food and alcohol sales will be from the sale of food? 79.4 20. What percentage of the store’s total sales, where your application is seeking a package license, is from alcohol sales? 20.6 21. What are the hours of operation of the business? Daily 11am to 11pm 22. Are there cameras in the establishment? Yes

ALC000656

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23. How many cameras? 8 24. How often are they reviewed? Daily 25. Why are they reviewed? Insure compliance with alcohol beverage sale procedures 26. How long is the video maintained? 6 months 27. Is the establishment going to have live entertainment? No 28. Is the establishment going to have a disc jockey? No 29. Is the establishment going to have a dance floor? No 30. What assurance can you provide the LRB that you and your employees will not sell/provide alcohol in violation of State or County Law. Employees are trained every 90 to 180 days on policies for alcoholic beverage sales 31. Why should the LRB grant the alcohol license? The restaurant has operated for many years at the same location with no problems with the surrounding community. The restaurant was forced to move from one suite to another suite in the same shopping center because Walmart took over its existing location. 32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol? The business has operated many years at the same location with no problems. The business has written policies and procedures in place to insure that State and County law regarding alcoholic beverage sale are complied with 32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol? The business has operated many years at the same location with no problems. The business has written policies and procedures in place to insure that State and County law regarding alcoholic beverage sale are complied with 33. Do you take responsibility for the actions of your employees and any violations that the employees may commit? Yes 34. Are there any consequences to the employee for violations of State law or county ordinances?

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No 35. What are the consequences? Termination of employment 36. How many employees will the establishment have? About 15 37. How often will they be retrained? Every 90 to 180 days 38. Will you implement a secret shopper program? Yes 39. What consequences will there be if an employee fails to comply with procedures? Termination of employment 40. If an application is being made for a convenience store, grocery store, or liquor package store, will the cash register require submittal of the Date of Birth of the customer prior to an alcohol sale? NA 41. Is there an override option? Yes 42. Does the cash register or point of sale system track alcohol sales? Manager 43. Does the cash register or point of sale system track alcohol sales? Yes 44. Does the cash register or point of sale system track when they were sold? Yes 45 Does the cash register or point of sale system track by whom they were sold? Yes 46. Does the cash register or point of sale system track if ID was checked?

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No 47. Does the cash register or point of sale system track the Date of Birth prior to the sale of alcohol? No

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Agenda Item Number. 11

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To review, in accordance with Section 6-90 of the Alcoholic Beverage Ordinance, a summary of the appeal hearing conducted by the License Review Board for A.G. Alliance, Inc., doing business as, Tavern@Winglab, 1025 East West Conn, Suite 100, Austell, Georgia 30106, Jenaro Roberts, licensee.

BACKGROUND
On May 9, 2000, the Alcoholic Beverage Ordinance was amended to provide for the Board of Commissioners to review a summary of appeal hearings approved by the License Review Board when distance restrictions are waived for the issuance of alcoholic beverage licenses and to affirm the decision of the License Review Board or place this matter before the Board of Commissioners. On June 20, 2013 the application for the Cobb County Liquor, Beer, Wine, and Sunday Sales Pouring Licenses for A.G. Alliance, Inc., doing business as, Tavern@Winglab was originally denied by the Business License Division Manager. The location of A.G. Alliance, Inc., doing business as, Tavern@Winglab, 1025 East West Conn, Suite 100, Austell, Georgia 30106, does not meet the distance restrictions to residences. The appeal of A.G. Alliance, Inc., doing business as, Tavern@Winglab was heard before the License Review Board on July 11, 2013. After considering all testimony and evidence presented during the hearing and the online questionnaire the License Review Board recommended approval of the application for Cobb County Liquor, Beer, Wine, and Sunday Sales Pouring Licenses for A.G. Alliance, Inc., doing business as, Tavern@Winglab.

FUNDING
N/A
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Agenda Item Number. 11

RECOMMENDATION
The Board of Commissioners affirm the decision of the License Review Board, following the review of the attached summary of the appeal hearing of July 11, 2013 for A.G. Alliance, Inc., doing business as, Tavern@Winglab.

ATTACHMENTS
Summary of July 11, 2013 Appeal hearing License Review Board Questionnaire Survey

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Summary of Appeal Hearing before the Cobb County License Review Board for A.G. Alliance, Inc., doing business as, Tavern@Winglab, located at 1025 East West Conn., Suite 100, Austell, GA 30106, Jenaro Roberts, licensee. On July 11, 2013 the hearing was conducted in the Bid Room, located at 1772 County Services Parkway, Marietta, Georgia 30008. License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Ms. Sandra Richardson, Business License Division manager, explained that the application was denied as provided in Section 6-124 of the Cobb County Code of Ordinances and that the proposed location of Tavern@Winglab is within 300 feet of the property line of a residence. Mr. Roberts, the owner and licensee of Tavern@Winglab stated that Tavern@Winglab is located in a shopping center where there are already other businesses that possess alcoholic beverage licenses. Mr. Roberts explained to the License Review Board that the Tavern@Winglab will be located in the old Taco Mac tenant space. Mr. Roberts explained that the business plan is similar to Taco Mac’s as far as food service but they do not offer the one-hundred beers that Taco Mac offers. Mr. Robert’s explained that Tavern@Winglab will be a family style restaurant that offers alcoholic beverages with meals. Mr. Roberts stated that he has made contact with the surrounding residences and they are not opposed to Tavern@Winglab being issued an alcoholic beverage license. Mr. Roberts pointed out to the License Review Board that Miyako Hibachi Sushi and Steakhouse, and a liquor store are in the same shopping center as Tavern@Winglab. Mr. Roberts stated that to his knowledge there is no opposition to this application. Mr. Roberts stated that he has previously held alcoholic beverage licenses in the state of Georgia. Mr. Roberts also stated that his best friend was killed by a drunk driver so he takes serving alcohol serious. Mr. Robert’s stated that his hours of operation will be 11:00am to midnight. Mr. Roberts explained that Tavern@Winglab’s policy is to check the identification of anyone ordering alcoholic beverages that appears to be under the age of forty-five. Mr. Roberts stated that all managers and bartenders will go thru the Responsible Alcohol Sales and Services (RASS) class. Mr. Roberts also explained that servers are rewarded for confiscating fake identification cards. After considering all evidence and testimony presented and the online questionnaire completed by Mr. Roberts, and pursuant to a motion by Eddie Canon and a second by Larry Walker, the License Review Board recommended approval of the liquor, beer, wine, and Sunday sales pouring license for A.G. Alliance, Inc., doing business as, Tavern@Winglab. The License Review Board voted 4-0 in favor of this motion.

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COBB COUNTY BUSINESS LICENSE
P.O. Box 649 Marietta, Georgia 30061-0649 phone: (770) 528-8410 fax: (770) 528-8414 Email: [email protected] Business License Division Manager

Paul Foster

Cobb County License Review Board
FACTORS TO CONSIDER IN APPROVAL/DENIAL OF A COBB COUNTY ALCOHOLIC BEVERAGE LICENSE DENIED AS A RESULT OF DISTANCE RESTRICTION QUESTIONS FOR THE LICENSEE

License Number: ALC000571

Licensee: JANERO ROBERTS

1. What was the distance in feet that caused denial of the alcohol license? 300 2. Was it to a church, school, park, library, residence, or liquor store? Residence 3. Are there other establishments in the area that have been granted an alcohol license? If so, how far are they from the proposed location? The same distance 4. Is there opposition to the application and if so what is their opposition and have you spoken to the oppositon? No Opposition that we have been alerted too. 5. Have you owned or worked in an establishment that sold/served alcoholic beverages? Yes 6. Have you ever violdated any Federal Law, State Law, or local ordinance regulating the sale of alcohol? No 7. Is issuing the alcohol license going to have an adverse effect on the the property value of the church, school, park, library or residence? No 8. Is issuing the alcohol license going to have an adverse effect on the property values of the community in the area? No 9. Is issuing the alcohol license going to have an adverse effect on the quality of life of the community? No

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10. Is issuing the alcohol license going to have and adverse effect on the operation of the church, school, park, or library? No 11. What type of business will be operating at this location? Restaurant 12. What type of training do you have in place for your employees? The RASS Workshops 13. What is your policy on when to check ID prior to the sale of alcohol? Employees Must ID anyone attempting the purchase alcohol who is under the age of 40 14. When ID is requested, what are your employees trained to look for? Id Issued by a governmental agency with a description of the person, their photograph, or both, and their date of birth it includes a passport, military ID card, drivers License. We also have a Federal drivers license to look up actual license 15. What written policies and procedures are in place for the establishment? The Sale of alcohol to minors is prohibited, the legal age to purchase alcohol is 21. No person under 21 will be sold alcoholic beverages. Employees must ID anyone attempting to purchase alcohol. ID any customer who is under the age of 40. The sale or service of Alcohol to intoxicated customers is prohibited. Managers will visit any customer who has been served 2 drinks within an hour prior to another drink being served so the manager can evaluate the customer`s level of intoxication. Employees will call the police to report any intoxicated customer who leaves the establishment and gets behind the wheel of a motor vehicle. 16. Were the written policies provided with the application? Yes 17. What type of menu does the establishment have? American fair 18. Was the menu submitted with the application? Yes 19. What percentage of the food and alcohol sales will be from the sale of food? 80% 20. What percentage of the store’s total sales, where your application is seeking a package license, is from alcohol sales? NA 21. What are the hours of operation of the business? 11am-2am Monday-Thursday 11am-3am Friday-Saturday 1pm-10pm sunday

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22. Are there cameras in the establishment? No 23. How many cameras? NA 24. How often are they reviewed? NA 25. Why are they reviewed? NA 26. How long is the video maintained? NA 27. Is the establishment going to have live entertainment? No 28. Is the establishment going to have a disc jockey? No 29. Is the establishment going to have a dance floor? No 30. What assurance can you provide the LRB that you and your employees will not sell/provide alcohol in violation of State or County Law. We have had a liquor license here in the state of Georgia for a number of years and have never had an incident. That`s not to say it cant happen, but we take great steps to make sure our employees comply. By taking the R.A.S.S. courses and getting their license to serve so that everyone is on the same page and that no one will have any issues on our watch. One of our partners lost a best friend to a drunk driver so it is extremely important to that we instill in our employees the importance of abiding by the laws provided to protect us all. 31. Why should the LRB grant the alcohol license? We have surveyed the community and the businesses in the area and there is a demand for an establishment that can provide alcoholic beverages with their meal and we would like to grant that desire. 32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol? We have taken all necessary courses and have met all necessary requirements established by all local, city, and state ordinances. 32. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol? We have taken all necessary courses and have met all necessary requirements established by all local, city, and state ordinances.

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33. Do you take responsibility for the actions of your employees and any violations that the employees may commit? YES 34. Are there any consequences to the employee for violations of State law or county ordinances? Yes 35. What are the consequences? Our polices and procedures require that all employees comply with all the rules and regulations of RASS for any and all violations of these rules can lead to termination 36. How many employees will the establishment have? 5 37. How often will they be retrained? qtrly 38. Will you implement a secret shopper program? Yes 39. What consequences will there be if an employee fails to comply with procedures? Our polices and procedures require that all employees comply with all the rules and regulations of RASS for any and all violations of these rules can lead to termination 40. If an application is being made for a convenience store, grocery store, or liquor package store, will the cash register require submittal of the Date of Birth of the customer prior to an alcohol sale? NA 41. Is there an override option? No 42. Does the cash register or point of sale system track alcohol sales? NA 43. Does the cash register or point of sale system track alcohol sales? Yes 44. Does the cash register or point of sale system track when they were sold? Yes

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45 Does the cash register or point of sale system track by whom they were sold? Yes 46. Does the cash register or point of sale system track if ID was checked? No 47. Does the cash register or point of sale system track the Date of Birth prior to the sale of alcohol? No

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Agenda Item Number. 12

Cobb County Office of Economic Development
Michael H.S. Hughes, AICP, Director 100 Cherokee Street, Suite 450 Marietta, Georgia 30090-7000 (770) 528-2607 / fax: (770) 528-2636

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To adopt a resolution approving the issuance of Revnue Bonds by the Development Authority of Cobb County for the purpose of assisting Provident Group - Creekside Properties LLC.

BACKGROUND
The Development Authority of Cobb County is considering issuing up to $12,000,000 of its taxexempt Revenue Bonds to finance a capital project consisting of an approximately 51,000 square foot assisted living facility, including approximately 78 total units made up of 55 assisted-living rooms and 23 memory care suites, to be located on approximately 3.68 acres within a larger tract at 4840 Hanson Road, Smyrna, Georgia, including a central kitchen and dining room providing daily meal service, private dining rooms, lounges and activity centers. The project will be owned by Provident Group - Creekside Properties LLC. Section 147(f) of the Internal Revenue Code of 1986, as amended, provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of tax-exempt bonds is located shall approve the issuance of such bonds.

FUNDING
N/A

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Agenda Item Number. 12

RECOMMENDATION
The Board of Commissioners adopt a resolution approving the issuance of Revenue Bonds by the Development Authority of Cobb County, in a principal amount not to exceed $12,000,000, for the purpose of assisting Provident Group - Creekside Properties LLC to finance a capital project consisting of an assisted living facility, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Creekside Village Affidavit Creekside Village TEFRA Creekside Village Resolution

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RESOLUTION OF THE BOARD OF COMMISSIONERS OF COBB COUNTY, GEORGIA APPROVING THE ISSUANCE OF THE DEVELOPMENT AUTHORITY OF COBB COUNTY REVENUE BONDS (PROVIDENT GROUP CREEKSIDE PROPERTIES LLC PROJECT), SERIES 2013 WHEREAS, on at least 14 days’ notice published in the Marietta Daily Journal, a public hearing was held at the Cobb County Chamber of Commerce, located at 240 Interstate North Parkway, SE, Atlanta, Georgia 30339, on July 8, 2013, at 11:30 a.m. concerning a proposed issuance by the Development Authority of Cobb County (the “Authority”) of its Revenue Bonds (Provident Group - Creekside Properties LLC Project), Series 2013 (the “Bonds”) in an aggregate principal amount not to exceed $12,000,000; and WHEREAS, the proceeds of the sale of the Bonds, when and if issued, are to be used to finance a capital project in Cobb County (the “County”) consisting of an approximately 51,000 square foot assisted living facility, including approximately 78 total units made up of 55 assistedliving rooms and 23 memory care suites, to be located on approximately 3.68 acres within a larger tract at 4840 Hanson Road, Smyrna, Georgia, including a central kitchen and dining room providing daily meal service, private dining rooms, lounges and activity centers (the “Project”), which Project will be owned by Provident Group - Creekside Properties LLC, a Delaware limited liability company (the “Borrower”); and WHEREAS, the proposed Bonds, when and if issued, will not be an obligation of the State of Georgia or of any county, municipality, or political subdivision of the State of Georgia, including the County; the proposed Bonds will not be paid from taxes, but will be payable by the Authority solely from amounts to be paid or provided by the Borrower; and no performance audit or performance review shall be conducted with respect to such bond issue; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides, in effect, that in order for the interest on the proposed Bonds to be excluded from the holders’ gross incomes for federal income tax purposes, the “public approval” requirements of said section must be complied with; and WHEREAS, the location of the Project is entirely within the County, and the Board of Commissioners of the County (the “Board”) constitutes the elected legislative body of the County and is a proper body for granting the necessary public approval; and WHEREAS, the Authority has requested that the Board approve the issuance of the Bonds for the purposes stated above, the nature and location of the Project, and the plan of financing for the Project with the Bonds; and WHEREAS, the Board finds and determines that it is in the public interest of the County to grant such approval. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Cobb County as follows:

15815005v.2

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Section 1. The issuance of the Bonds by the Authority for the benefit of the Borrower in an aggregate principal amount not to exceed $12,000,000 for the above-described purposes, the nature and location of the Project, and refinancing for the Project, described above, are hereby approved for purposes of Section 147(f) of the Code. Section 2. Such approval by the Board does not constitute any representation by the County to the prospective purchasers of the Bonds as to the creditworthiness of the Borrower or the economic feasibility of the Project nor does it create, either expressly or by implication, any obligation on the part of the County for the payment of the Bonds or debt service thereon, such Bonds and debt service thereon being payable solely from the sources described above. Section 3. This Resolution shall take effect immediately upon its adoption.

ADOPTED this 23rd day of July, 2013.

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

________________________________ Clerk of the Board Commissioners of Cobb County, Georgia [SEAL]

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CLERK’S CERTIFICATE I, the undersigned Clerk of the Board of Commissioners of Cobb County, Georgia (the “County”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the approval of the issuance of Development Authority of Cobb County Revenue Bonds (Provident Group - Creekside Properties LLC Project) Series 2013, constitute a true and correct copy of the resolution adopted on July 23, 2013, by the Board of Commissioners of the County at a meeting duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, and that the original of such resolution appears of record in the Minute Book of the County which is in my custody and control. GIVEN under my hand and the official seal of Cobb County, Georgia, this _____ day of ______________, 2013.

Clerk of the Board of Commissioners of Cobb County, Georgia [SEAL]

15815005v.2

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Agenda Item Number. 13

Cobb County Office of Economic Development
Michael H.S. Hughes, AICP, Director 100 Cherokee Street, Suite 450 Marietta, Georgia 30090-7000 (770) 528-2607 / fax: (770) 528-2636

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To adopt a resolution approving the issuance of Student Housing Refunding Revenue Bonds by the Development Authority of Cobb County to refinance student housing facilities and other facilities used by Kennesaw State University.

BACKGROUND
The Development Authority of Cobb County is considering issuing up to $110,000,000 of its tax-exempt Student Housing Refunding Revenue Bonds for the purpose of assisting Kennesaw State University Real Estate Foundation, LLC, KSU Place Real Estate Foundation, LLC, KSU UP Real Estate Foundation, LLC, KSU Village I Real Estate Foundation, LLC and KSU Chastain Pointe Real Estate Foundation, LLC, each a Georgia limited liability company, the sole member of which is Kennesaw State University Foundation, Inc., a Georgia nonprofit corporation to refinance student housing facilities and other facilities located on or adjacent to the campus of Kennesaw State University for the benefit of and use by Kennesaw State University. Section 147(f) of the Internal Revenue Code of 1986, as amended, provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of tax-exempt bonds is located shall approve the issuance of such bonds.

FUNDING
N/A

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Agenda Item Number. 13

RECOMMENDATION
The Board of Commissioners adopt a resolution approving the issuance of Student Housing Refunding Revenue Bonds by the Development Authority of Cobb County, in a principal amount not to exceed $110,000,000.00, to refinance student housing facilities and other facilities used by Kennesaw State University, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Kennesaw Affidavit Kennesaw Report of Public Hearing Kennesaw Resolution

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RESOLUTION OF THE BOARD OF COMMISSIONERS OF COBB COUNTY, GEORGIA APPROVING THE ISSUANCE OF THE DEVELOPMENT AUTHORITY OF COBB COUNTY STUDENT HOUSING REFUNDING REVENUE BONDS (KENNESAW STATE UNIVERSITY REAL ESTATE FOUNDATIONS PROJECTS), SERIES 2013 WHEREAS, on at least 14 days’ notice published in the Marietta Daily Journal, a public hearing was held at the Cobb County Chamber of Commerce, 240 Interstate North Parkway, SE, Atlanta, Georgia 30339 on July 8, 2013 at 11:30 a.m. concerning a proposed issuance by the Development Authority of Cobb County (the “Authority”) of its Student Housing Refunding Revenue Bonds (Kennesaw State University Real Estate Foundations Projects), Series 2013 (the “Bonds”) in an aggregate principal amount not to exceed $110,000,000; and WHEREAS, the proceeds of the sale of the proposed Bonds, when and if issued, are to be used to refund bonds previously issued by the Authority to finance or refinance capital projects in Cobb County (the “County”) consisting of (i) the acquisition, construction, furnishing, and equipping of approximately 132 beds of student housing facilities on the campus of Kennesaw State University (the “University”), (ii) the acquisition and renovation of the property known as “Chastain Pointe” located adjacent to the campus of the University that is used for University purposes, (iii) the acquisition, construction, furnishing, and equipping of approximately 749 beds of student housing on the campus of the University, (iv) the construction, furnishing, and equipping of 700 beds of new student housing on the University’s campus and (v) the acquisition, renovation, and furnishing of an existing 358-bed apartment complex originally known as “College Quarters Apartments” and now known as “KSU Place,” located adjacent to the University’s campus, and used for student housing facilities by the University; and WHEREAS, the student housing facilities are owned by Kennesaw State University Real Estate Foundation, LLC, KSU Place Real Estate Foundation, LLC, KSU UP Real Estate Foundation, LLC, and KSU Village I Real Estate Foundation, LLC (collectively, the “Borrowers”), each a Georgia limited liability company, the sole member of which is Kennesaw State University Foundation, Inc., a Georgia nonprofit corporation (the “Foundation”); and Chastain Pointe is owned by KSU Chastain Pointe Real Estate Foundation, LLC (“Chastain Pointe”), a Georgia limited liability company having as its sole member the Foundation; and WHEREAS, the student housing facilities being refinanced are as follows: University Village and University Suites located at 3805 Canton Place, Kennesaw, Georgia 30144; University Place located at 3210 Campus Loop Road, Kennesaw, Georgia 30144; and KSU Place located at 50 Idlewild Avenue, Kennesaw Georgia 30144; and Chastain Pointe is located at 1200 Chastain Road, NW, at Big Shanty Road, Kennesaw Georgia; and WHEREAS, the proposed Bonds, when and if issued, will not be an obligation of the State of Georgia or of any county, municipality, or political subdivision of the State of Georgia, including the County; the proposed Bonds will not be paid from taxes, but will be payable by the Authority solely from amounts to be paid or provided by the Borrowers and Chastain Pointe; and no performance audit or performance review shall be conducted with respect to such bond issue; and

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WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides, in effect, that in order for the interest on the proposed Bonds to be excluded from the holders’ gross incomes for federal income tax purposes, the “public approval” requirements of said section must be complied with; and WHEREAS, the location of the Project is entirely within the County, and the Board of Commissioners of the County (the “Board”) constitutes the elected legislative body of the County and is a proper body for granting the necessary public approval; and WHEREAS, the Authority has requested that the Board approve the issuance of the Bonds for the purposes stated above, the nature and location of the Project, and the plan of financing for the Project with the Bonds; and WHEREAS, the Board finds and determines that it is in the public interest of the County to grant such approval. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Cobb County as follows: Section 1. The issuance of the Bonds by the Authority for the benefit of the Borrowers and Chastain Pointe in an aggregate principal amount not to exceed $110,000,000 for the above-described purposes, the nature and location of the Project, and refinancing for the Project, described above, are hereby approved for purposes of Section 147(f) of the Code. Section 2. Such approval by the Board does not constitute any representation by the County to the prospective purchasers of the Bonds as to the creditworthiness of the Borrowers and Chastain Pointe, or the economic feasibility of the Project nor does it create, either expressly or by implication, any obligation on the part of the County for the payment of the Bonds or debt service thereon, such Bonds and debt service thereon being payable solely from the sources described above. Section 3. This Resolution shall take effect immediately upon its adoption.

ADOPTED this 23rdday of July, 2013.

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

________________________________ Clerk of the Board Commissioners of Cobb County, Georgia

15815145v.3

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[SEAL]

15815145v.3

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CLERK’S CERTIFICATE I, the undersigned Clerk of the Board of Commissioners of Cobb County, Georgia (the “County”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the approval of the issuance of Development Authority of Cobb County Student Housing Refunding Revenue Bonds (Kennesaw State University Real Estate Foundations Projects), Series 2013, constitute a true and correct copy of the resolution adopted on July 23, 2013, by the Board of Commissioners of the County at a meeting duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, and that the original of such resolution appears of record in the Minute Book of the County which is in my custody and control. GIVEN under my hand and the official seal of Cobb County, Georgia, this _____ day of ______________, 2013.

Clerk of the Board of Commissioners of Cobb County, Georgia [SEAL]

15815145v.3

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Agenda Item Number. 14

Cobb County Office of Economic Development
Michael H.S. Hughes, AICP, Director 100 Cherokee Street, Suite 450 Marietta, Georgia 30090-7000 (770) 528-2607 / fax: (770) 528-2636

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To adopt a resolution approving the issuance of Revenue Bonds by the Development Authority of Cobb County for the purpose of assisting Young Men’s Christian Association of Metropolitan Atlanta, Inc.

BACKGROUND
The Development Authority of Cobb County is considering issuing up to $6,000,000 of its taxexempt Revenue Bonds to refinance family and children’s services and health and recreation facilities located at 3010 Johnson Ferry Road, Marietta, Georgia, for the benefit of and use by the Young Men’s Christian Association of Metropolitan Atlanta, Inc., (formerly the Young Men’s Christian Association of Cobb County, Georgia). Section 147(f) of the Internal Revenue Code of 1986, as amended, provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of tax-exempt bonds is located shall approve the issuance of such bonds.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt a resolution approving the issuance of Revenue Bonds by the Development Authority of Cobb County , in a principal amount not to exceed $6,000,000, for the purpose of assisting Young Men’s Christian Association of Metropolitan Atlanta, Inc. to Page 125 of 266

Agenda Item Number. 14

refinance family and children’s services and health and recreation facilities, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
YMCA Affidavit YMCA Report of Public Hearing YMCA Resolution

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RESOLUTION OF THE BOARD OF COMMISSIONERS OF COBB COUNTY, GEORGIA APPROVING THE ISSUANCE OF THE DEVELOPMENT AUTHORITY OF COBB COUNTY REVENUE BONDS (METRO ATLANTA YMCA PROJECT), SERIES 2013 WHEREAS, on at least 14 days’ notice published in the Marietta Daily Journal, a public hearing was held at the Cobb County Chamber of Commerce, 240 Interstate North Parkway, SE, Atlanta, Georgia 30339 on June 11, 2013 at 11:30 a.m. concerning a proposed issuance by the Development Authority of Cobb County (the “Authority”) of its Revenue Bonds (Metro Atlanta YMCA Project), Series 2013 (the “Bonds”) in an aggregate principal amount not to exceed $6,000,000; and WHEREAS, the proceeds of the sale of the proposed Bonds, when and if issued, are to be used to refund bonds previously issued by the Authority to finance a capital project in Cobb County (the “County”) consisting of certain family and children’s services and health and recreation facilities located at 3010 Johnson Ferry Road, Marietta, Georgia 30062 (the “Project”) for the benefit of and use by the Young Men’s Christian Association of Metropolitan Atlanta, Inc. (formerly the Young Men’s Christian Association of Cobb County, Georgia, Inc.), a Georgia nonprofit corporation (the “Borrower”); and WHEREAS, the proposed Bonds, when and if issued, will not be an obligation of the State of Georgia or of any county, municipality, or political subdivision of the State of Georgia, including the County; the proposed Bonds will not be paid from taxes, but will be payable by the Authority solely from amounts to be paid or provided by the Borrower; and no performance audit or performance review shall be conducted with respect to such bond issue; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides, in effect, that in order for the interest on the proposed Bonds to be excluded from the holders’ gross incomes for federal income tax purposes, the “public approval” requirements of said section must be complied with; and WHEREAS, the location of the Project is entirely within the County, and the Board of Commissioners of the County (the “Board”) constitutes the elected legislative body of the County and is a proper body for granting the necessary public approval; and WHEREAS, the Issuer has requested that the Board approve the issuance of the Bonds for the purposes stated above, the nature and location of the Project, and the plan of financing for the Project with the Bonds; and WHEREAS, the Board finds and determines that it is in the public interest of the County to grant such approval. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Cobb County as follows:

148251241v.3

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Section 1. The issuance of the Bonds by the Authority for the benefit of the Borrower in an aggregate principal amount not to exceed $6,000,000 for the above-described purposes, the nature and location of the Project, and refinancing for the Project, described above, are hereby approved for purposes of Section 147(f) of the Code. Section 2. Such approval by the Board does not constitute any representation by the County to the prospective purchasers of the Bonds as to the creditworthiness of the Borrower or the economic feasibility of the Project nor does it create, either expressly or by implication, any obligation on the part of the County for the payment of the Bonds or debt service thereon, such Bonds and debt service thereon being payable solely from the sources described above. Section 3. This Resolution shall take effect immediately upon its adoption.

ADOPTED this 23rd day of July, 2013.

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

________________________________ Clerk of the Board Commissioners of Cobb County, Georgia [SEAL]

148251241v.3

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CLERK’S CERTIFICATE I, the undersigned Clerk of the Board of Commissioners of Cobb County, Georgia (the “County”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the approval of the issuance of Development Authority of Cobb County Revenue Bonds (Metro Atlanta YMCA Project) Series 2013, constitute a true and correct copy of the resolution adopted on July 23, 2013, by the Board of Commissioners of the County at a meeting duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, and that the original of such resolution appears of record in the Minute Book of the County which is in my custody and control. GIVEN under my hand and the official seal of Cobb County, Georgia, this _____ day of ______________, 2013.

__________________ Clerk of the Board of Commissioners of Cobb County, Georgia [SEAL]

148251241v.3

Page 131 of 266

Agenda Item Number. 15

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

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To authorize the conveyance of property located at 423 Cole Street, Marietta, Georgia purchased under the Home Investment Partnerships Act Program to Cole Street Development Corporation.

BACKGROUND
On January 1, 2008, Cobb County and Cobb Housing, Inc. entered into a Community Housing Development Organization Agreement under which Cobb Housing Inc. utilized HOME Investment Partnership Act Program grant funds to develop affordable housing for low income homebuyers and renters. The property located at 423 Cole Street was acquired by Cobb Housing, Inc. with grant funds, to be used for affordable rental housing. Prior to Cobb Housing Inc.’s dissolution, Cobb Housing Inc. conveyed this property to the County via Quit Claim Deed on September 28, 2012 without the County’s knowledge or consent. Cobb Housing Inc. failed to maintain tenant income eligibility and the property is now vacant. In order to maintain compliance with the HOME Investment Partnerships Act Program rental regulations and for the proper use of the grant funds, this property must be rented or sold to an income eligible household. The CDBG Program Office has identified Cole Street Development Corporation as the best qualified entity to fulfill these requirements. The CDBG Program Office recommends this property be transferred via Limited Warranty Deed from Cobb County to Cole Street Development Corporation. The title to the property will be conveyed subject to a deed restriction that the property must be used for affordable housing and conveyed only to income eligible families, as required by the HOME Investment Partnerships Act Program regulations. Page 132 of 266

Agenda Item Number. 15

The proposed action is a conveyance of property only and does not involve any transfers of funds. The public notice was published on May 17, 2013, and the public review meeting was conducted on June 5, 2013. The public comment period ended on June 17, 2013. There were no public comments received.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners authorize the conveyance of property located at 423 Cole Street, Marietta, Georgia purchased under the Home Investment Partnerships Act Program to Cole Street Development Corporation; and further authorize the Chairman to execute the Limited Warranty Deed.

ATTACHMENTS
Limited Warranty Deed

Page 133 of 266

Return Recorded Document to: Cobb County CDBG Program Office 121 Haynes Street Marietta, Georgia 30060 Attn: Kimberly Roberts

LIMITED WARRANTY DEED
STATE OF GEORGIA COUNTY OF COBB This Indenture made this ______ day of ______________________, 2013between COBB COUNTY, GEORGIA, a political subdivision of the State of Georgia, as party or parties of the first part, hereinafter called Grantor, and COLE STREET DEVELOPMENT CORPORATION., as party or parties of the second part, hereinafter called Grantee (the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits). W I T N E S S E T H that: Grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantee,
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 1144, OF THE 16TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, BEING DESCRIBED AS LOT 13, U.L. GUNNIN SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 143, COBB COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE (the “Property”).

This Deed is given subject to all easements and restrictions of record, if any. This Deed is also given subject to the covenants and restrictions contained in Exhibit “A”, attached hereto and by reference incorporated herein. TO HAVE AND TO HOLD the said Property, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE.

AND THE SAID Grantor will warrant and forever defend the right and title to the above described Property unto the said Grantee against the claims of all persons by, through and under the above named grantor.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal this day and year first above written.
Signed, sealed and delivered in the presence of:

COBB COUNTY, GEORGIA
By:_________________________________(Seal)

________________________________________

Witness

Timothy D. Lee, Chairman Board of Commissioners

___________________________________ Notary Public My commission expires: _______________

Attest:___________________________ County Clerk

[Notary Seal]

Page 134 of 266

EXHIBIT “A” COVENANTS AND RESTRICTIONS The Deed to which this exhibit is attached by COBB COUNTY, GEORGIA, a political subdivision of the State of Georgia, as Grantor, and COLE STREET DEVELOPMENT CORPORATION, as Grantee, is made and given subject to the following covenants and restrictions: 1. Title to the Property is being conveyed subject to the express limitations and requirements set forth under the Housing and Urban Development (“HUD”) HOME Investment Partnerships Program ( 42 U.S.C. 3535 (d) and 12701 -12939) and the regulations promulgated thereunder (24 C.F.R. 92.254) (“HOME Program”). 2. The Property is being expressly conveyed to Grantee for construction of, and use as, affordable single-family housing by eligible low income families as provided under the aforementioned HOME Program statute and regulations.

3. Specifically, but without limitation, 24 CFR 92.254 requires that: a. the property must be improved with single-family housing, under 24 C.F.R. 92.254 (a)(1); b. the housing must be modest, as defined in 24 C.F.R. 92.254 (a)(2) ; c. the housing so constructed must be acquired by a homebuyer whose family qualifies as a lowincome family and the housing must be the principal residence of the family throughout the affordability duration period described in 24 C.F.R. 92.254 (a)(4); d. the HOME-assisted housing must meet the foregoing affordability requirements for not less that the applicable period specified in 24 C.F.R. 92.254 (a)(4) and 24 C.F.R. 92.254 (a)(5)(i) and (ii). 4. In the event that the Property: (a) is not, within (twelve) months of the date of this Deed, improved by Grantee as affordable housing for low-income families as provided under the HOME Program regulations; and/or (b) is not, within (24) months of the date of this Deed, sold and conveyed by Grantee to an eligible homebuyer under such HOME Program regulations, then Grantee shall, promptly upon demand of Grantor, either (i) reconvey the Property to Grantor by limited warranted deed if the Property is not timely improved; or (ii) pay to Grantor the entire amount of HOME Program funds invested in the Property if the Property is improved but not timely sold to an eligible HUD Program homebuyer. b. In the event that the Property is timely sold by Grantee to a successor-in-title (“Successor Grantee”) that is a qualified homebuyer under the HOME Program, but the Property does not continue to be the principal residence of such Successor Grantee for the duration of the affordability period required under 24 C.F.R. 92.254 (a)(4) and if the Property is not then made available for sale to a successor buyer whose family qualifies as a low-income family for use as its principal residence and/or the Property does not thereafter continue to be so used by such successor buyer for the duration of the applicable affordability duration period, as required under 24 C.F.R. 92.254 a.5 i , then in such events Successor Grantee or its successor-in-title, as applicable, shall, promptly upon demand of Grantor, pay to Grantor the entire amount of HOME Program funds invested in the Property, subject to the availability of net proceeds limitation set forth in 24 C.F.R. 92.254 (a)(5)(ii). c. The covenants and restrictions set forth in Sections 4 (a) and 4 (b) above shall terminate and be of no further force or effect upon: (i) the expiration of the applicable affordability period under 24 C.F.R. 92.254 (a)(4); or (ii) a foreclosure, transfer of title in lieu of foreclosure or an assignment of an FHA insured security interest in the Property to HUD; provided, however, that prior to any such foreclosure, transfer in lieu of foreclosure or assignment to HUD, Grantor shall first, at its option (a) have the right to purchase the Property from a lender holding such security interest to be so foreclosed or assigned, at a price in the amount of the outstanding principal balance of such loan and security interest; and/or (b) have the right in the event of a short sale or a third party offer received by lender, to purchase the property from Lender at the price and upon the terms and conditions of such short sale or third party offer. d. The covenants and restrictions set forth in this Exhibit “A” shall not apply and the Property shall be presumed to meet the resale restrictions of the HOME Program if the conditions of 24 C.F.R. 92.254 (a)(5)(i)(b) are satisfied. a.

Page 135 of 266

Agenda Item Number. 16

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager James Pehrson, CPA, Director/Comptroller This item has been electronically signed by:
James Pehrson, CPA, Director/Comptroller

DATE:

July 23, 2013

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

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

FUNDING
N/A

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

ATTACHMENTS
RESOLUTION
Page 136 of 266

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 23rd of July 2013

Page 137 of 266

Agenda Item Number. 17

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Michele Marchant-Wellmon, Director This item has been electronically signed by:
Michele Marchant-Wellmon, Director

DATE:

July 23, 2013

PURPOSE
To authorize the purchase of furniture for the public areas of the Juvenile Court renovated space.

BACKGROUND
This request is to replace broken and worn furniture in the public areas of the Juvenile Court. The Court is scheduled to move into its renovated space in the old Superior Court building in December 2013. Existing furniture in the lobby, waiting rooms, Courtrooms and GED room is worn and in need of replacing.

IMPACT STATEMENT
This furniture replacement request is a one-time cost and should not be a recurring expense in the Juvenile Court budget.

FUNDING
Funding for the one-time furniture replacement is available with the following budget transfer from the Reserves previously established for Contingency Planning for Unsustainable Reductions as follows: Transfer from: Transfer to: 010-015-0145-8852 010-190-8900-8852 (General Fund Unsustainables Contingency) (Juvenile Court Reserves– Furniture) $52,526.00 $52,526.00

RECOMMENDATION
The Board of Commissioners authorize the purchase of furniture for the public areas of the renovated space for Juvenile Court, in the amount not to exceed $52,526; and further authorize the corresponding budget transactions.

Page 138 of 266

Agenda Item Number. 18

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

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve the minutes of the following meetings: July 8, 2013 - Agenda Work Session July 9, 2013 - Regular Meeting of the Board July 16, 2013 - BOC Zoning Hearing (provided under separate cover)

ATTACHMENTS
Agenda Work Session minutes Regular Meeting minutes

Page 139 of 266

MINUTES OF AGENDA WORK SESSION COBB COUNTY BOARD OF COMMISSIONERS JULY 8, 2013 9:00 A.M.

Upon notice duly advertised, the Cobb County Board of Commissioners attended an Agenda Work Session on Monday, July 8, 2013 at 9:00 a.m. in the 3rd floor conference room, 100 Cherokee Street, Marietta, Georgia, for the purpose of receiving information and participating in discussion regarding the July 9, 2013 agenda. Present and comprising a quorum of the Board were:

Chairman Tim Lee Vice Chair JoAnn Birrell Commissioner Lisa Cupid Commissioner Helen Goreham Not Present: 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 140 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 9:00 A.M.

The Regular Meeting of the Cobb County Board of Commissioners was held on Tuesday, July 9, 2013 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 SECOND QUARTER CUSTOMER SERVICE EXCELLENCE AWARDS TO OUTSTANDING EMPLOYEES

The Board of Commissioners presented the Second Quarter 2013 Customer Service Excellence Awards to the following employees on behalf of the Customer Service Council: Elizabeth Wiggs George Laurens Jan Wills Kemp Dequint Owens Maria Dominguez Tim Kelley Fire Department Property Management Library Property Management East Cobb Library Water System

NOTE: By general consensus of the Board, the order of the items on Tab 2 was amended. 3. COMMUNITY DEVELOPMENT AGENCY 3A. CONDUCT OF FIRST PUBLIC HEARING TO AMEND THE OFFICIAL CODE OF COBB COUNTY, CHAPTERS 2, 78, AND 134

Mr. Rob Hosack, Community Development Director, provided a PowerPoint presentation on the proposed amendments to the Official Code of Cobb County, Chapters 2, Administration; 78, Licenses, Permits, and Businesses; and 134, Zoning. A copy of the presentation and the proposed amendments is on file in the Office of the County Clerk. Chairman Lee opened the public hearing and asked those wishing to speak on this issue to come forward. Mr. John Moore addressed the Board. There being no further public speakers, the public hearing was closed. The next public hearing will be on July 23, 2013 at 7:00 p.m. No official action was taken by the Board.

Page 141 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 2 3. COMMUNITY DEVELOPMENT AGENCY (CONT.) 3B. CONDUCT OF FIRST PUBLIC HEARING TO CONSIDER THE CREATION AND DESIGNATION OF FIVE ENTERPRISE ZONE AREAS IN ACCORDANCE WITH CHAPTER 2 OF THE OFFICIAL CODE OF COBB COUNTY

Mr. Rob Hosack, Community Development Director, provided information regarding the creation and designation of five enterprise zone areas, in accordance with Chapter 2 of the Official Code of Cobb County. Chairman Lee opened the public hearing and asked those wishing to speak on this issue to come forward. There being no public speakers, the public hearing was closed. The next public hearing will be on July 23, 2013. Mr. Hosack announced that the revised South Cobb zone and the Canton Road zone will be separate public hearings, and the Atlanta Road zone will be brought back at a future date yet to be determined. No official action was taken by the Board. 4. CONSENT AGENDA MOTION: Motion by Birrell, second by Goreham, to approve the following items on the Consent Agenda, with the exception of Item No. 22, which was withdrawn from this agenda (see 4V of these minutes), and authorize execution of the necessary documents by the appropriate County personnel: WATER SYSTEM AGENCY Engineering 4A. APPROVAL OF CONSTRUCTION CONTRACT WITH GRAYDAZE CONTRACTING FOR SWEAT MOUNTAIN TANK MAINTENANCE - WATER SYSTEM To approve a construction contract with Graydaze Contracting, in the amount of $171,075.00, for Sweat Mountain Tank Maintenance, Program No. C0127, authorize the corresponding budget transfers, and further authorize the Chairman to execute the necessary documents. Funding is available in the Water System’s Miscellaneous Water & Sewer Line Adopted CIP Budget for Fund 510, Department 500, Unit 5752, Program No. C0127. Transfer from: Miscellaneous Water & Sewer Line Preliminary Estimates 510-500-5752-8005 C0123-Z Transfer to: Sweat Mountain Tank Maintenance Storage Tank Repair & Maintenance 510-500-5752-6518 C0127-C Contingency 510-500-5752-8810 C0127-T Total

$174,500.00

$171,075.00

$

3,425.00

$174,500.00

Page 142 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 3 4. CONSENT AGENDA (CONT.) WATER SYSTEM AGENCY (CONT.) Engineering (cont.) 4B. APPROVAL OF ENGINEERING AGREEMENT WITH ENGINEERING STRATEGIES, INC. FOR DESIGN SERVICES FOR ADDISON HEIGHTS WATER MAIN REPLACEMENT WATER SYSTEM To approve an engineering agreement with Engineering Strategies, Inc., in the amount of $96,404.00, for design services related to Addison Heights Water Main Replacement, Program No. W2263, authorize the corresponding budget transaction, and further authorize the Chairman to execute the necessary documents. Funding is available in the Water System’s Subdivision Service Line Replacement Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2263. Transfer from: Subdivision Service Line Replacement Preliminary Estimates 510-500-5754-8005 W2701-Z Transfer to: Addison Heights Water Main Replacement Engineering-Design 510-500-5754-8225 W2263-E Administration 510-500-5754-8205

$96,904.00

$96,404.00

W2263-A Total

$

500.00

$96,904.00

4C.

APPROVAL OF CONTRACT WITH HYDROSTRUCTURES, PA FOR FY13 SEWER CLEANING AND INTERNAL CONDITION ASSESSMENT - WATER SYSTEM To approve a construction contract with Hydrostructures, PA, in the amount of $915,251.00, for FY13 Sewer Cleaning and Internal Condition Assessment, Program No. S1100, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding is available in the Water System’s Unidentified New/Replacement Sewer Lines Adopted CIP Budget for Fund 510, Department 500, Org 5755, Program No. S1100. Transfer from: Unidentified New/Replacement Sewer Lines 510-500-5755-8005 S2503-Z Transfer to: FY 13 Sewer Cleaning and Condition Assessment Professional Services 510-500-5755-6326 S1100-C

$938,136.00

$915,251.00

Page 143 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 4 4. CONSENT AGENDA (CONT.) WATER SYSTEM AGENCY (CONT.) Engineering (cont.) 4C. APPROVAL OF CONTRACT WITH HYDROSTRUCTURES, PA FOR FY13 SEWER CLEANING AND INTERNAL CONDITION ASSESSMENT - WATER SYSTEM (CONT.) Interest Expense on Retainage 510-500-5755-6613 Contingency 510-500-5755-8810

S1100-A

$

4,580.00

S1100-T Total

$ 18,305.00 $938,136.00

4D.

APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONSTRUCTION CONTRACT WITH HEAVY CONSTRUCTORS, INC. FOR NOONDAY CREEK WATER RECLAMATION FACILITY – BRIDGE SUPPORT REPLACEMENT - WATER SYSTEM To approve Change Order No. 1 (final) to the construction contract with Heavy Constructors, Inc., a savings to the project in the amount of $11,062.21, for Noonday Creek Water Reclamation Facility – Bridge Support Replacement, Program No. T1020, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: No additional funding is required for the Water System’s Noonday Creek WRF - Bridge Support Replacement for Fund 510, Department 500, Unit 5753, Program No. T1020. Decrease Encumbrance: GAE 500 510022812602 510-500-5753-8260

T1020-C

$11,062.21

Transfer from: Noonday Creek WRF – Bridge Support Replacement Construction- Change Order No. 1 (final) 510-500-5753-8260 T1020-C Transfer to: Noonday WRF Miscellaneous Improvements Preliminary Estimates 510-500-5753-8005 T1503-Z

$11,062.21

$11,062.21

Page 144 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 5 4. CONSENT AGENDA (CONT.) WATER SYSTEM AGENCY (CONT.) Engineering (cont.) 4E. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONSTRUCTION CONTRACT WITH LAKESHORE ENGINEERING, LLC FOR WILLEO CREEK PUMP STATION UPGRADE - WATER SYSTEM To approve a Change Order No. 1 (final) to the construction contract with Lakeshore Engineering, LLC, a savings to the project in the amount of $10,316.96, for Willeo Creek Pump Station Upgrade, Program No. S5021, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: No additional funding is required for the Water System’s Willeo Creek Pump Station Upgrade for Fund 580, Department 500, Unit 6953, Program No. S5021. Decrease Encumbrance: GAE 500 580052411603 580-500-6953-8260

S5021-C

$10,316.96

Transfer from: Willeo Creek Pump Station Upgrade Construction - Change Order No. 1 (final) 580-500-6953-8260 S5021-C Transfer to: Olley Creek Outfall Preliminary Estimates 580-500-6953-8005 TRANSPORTATION AGENCY Administration 4F.

$10,316.96

S3019-Z

$10,316.96

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 PISGAH ROAD SIDEWALK – TRANSPORTATION To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. §32-3-4, et seq., authorize the commencement of condemnation proceedings on one (1) parcel on Pisgah Road Sidewalk, Project No. E7010; adopt a Resolution and Order; and further authorize the Chairman to execute the necessary documents. Parcel No. 11 James A. Joiner and Lila Mae Joiner 6399 Pisgah Road Austell, GA 30168

50.95 sq. ft. fee simple right-of-way 4789.91 sq. ft. temp. const. easement 330.85 sq. ft. temp. driveway easement

Page 145 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 6 4. CONSENT AGENDA (CONT.) TRANSPORTATION AGENCY (CONT.) Administration (cont.) 4G. AUTHORIZATION TO ACCEPT A HIGHWAY DEED FROM THE NATIONAL PARK SERVICE FOR THE ACQUISITION OF RIGHTS-OF-WAY AND EASEMENTS ON SR360/POWDER SPRINGS ROAD AT CHEATHAM HILL ROAD/CALLAWAY ROAD – TRANSPORTATION To authorize acceptance of a Highway Deed from the National Park Service, through the United States Department of the Interior, for the acquisition of rights-of-way and easements on Parcel 3 on SR360/Powder Springs Road at Cheatham Hill Road/Callaway Road, State Project No. STP00-0004-00(449), State P. I. No. 0004449, Cobb County Project No. D3340; and further authorize the Chairman to execute the necessary documents. Engineering 4H. AUTHORIZATION TO RENAME A SECTION OF TOWNPARK LANE AS TOWNPARK WAY IN ASSOCIATION WITH CONSTRUCTION OF SKIP SPANN CONNECTOR – TRANSPORTATION To authorize the renaming of a section of Townpark Lane as “Townpark Way” in association with construction of Skip Spann Connector, State P. I. No. 0010157, Cobb County Project No. E4010. Traffic Operations 4I. AUTHORIZATION TO INSTALL A NEW TRAFFIC SIGNAL BY THE CITY OF KENNESAW AT THE INTERSECTION OF OLD 41 HIGHWAY AND STANLEY ROAD – TRANSPORTATION To authorize the installation of a new traffic signal by the City of Kennesaw at the intersection of Old 41 Highway and Stanley Road. Transit 4J. APPROVAL OF TRANSIT CONTENT LICENSE AGREEMENT WITH GOOGLE, INC. TO FACILITATE TRIP PLANNING FOR COBB COMMUNITY TRANSIT RIDERS – TRANSPORTATION To approve a Transit Content License Agreement with Google, Inc., to facilitate trip planning for Cobb Community Transit riders, and authorize the Chairman to execute the necessary documents. Copy of said agreement attached and made a part of these minutes.

Page 146 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 7 4. CONSENT AGENDA (CONT.) TRANSPORTATION AGENCY (CONT.) Transit (cont.) 4K. AUTHORIZATION TO CREATE THREE STAFF POSITIONS TO FACILITATE A COBB COMMUNITY TRANSIT REORGANIZATION TO INCLUDE ONE BUSINESS ANALYST, ONE ACCOUNTANT I, AND ONE SYSTEMS ADMINISTRATOR – TRANSPORTATION To authorize the creation of three staff positions to facilitate a Cobb Community Transit (CCT) reorganization to include one Business Analyst, grade 59, to be effective immediately, one Accountant I, grade 48, and one Systems Administrator, grade 58, both to be effective September 1, 2013. Funding for the Business Analyst position for the remainder of FY13 will come from current budgetary savings and funding for FY14 will be included in the FY14 adopted budget. Funding for both the Accountant I position and the Systems Administrator position will be available in the FTA FY13 amended Grant No. GA-90-X323. Federal funding will provide 50 percent of personnel costs for these two positions. The required local match of 50 percent is available as previously approved by the Board. PUBLIC SERVICES AGENCY Parks, Recreation, and Cultural Affairs 4L. APPROVAL OF SEVEN MONTH EXTENSION TO THE FELLTON PROPERTY CARETAKER AGREEMENT WITH ELLEN SAVAGE - PARKS, RECREATION, AND CULTURAL AFFAIRS To approve a seven month extension to the Fellton Property Caretaker Agreement with Ellen Savage, in the amount of $9,100.00, to continue to serve as caretaker for the Fellton Property, beginning July 1, 2013 and ending January 31, 2014, and further authorize the County Manager to execute the necessary documents. A copy of said agreement is attached and made a part of these minutes. Funding is available in the Parks Operating Budget as follows: 010-105-3200-3319-6326 $9,100.00

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 8 4. CONSENT AGENDA (CONT.) SUPPORT SERVICES AGENCY Information Services 4M. APPROVAL OF AGREEMENT WITH HARVEST TECHNOLOGY GROUP, INC. FOR AN UPGRADE TO THE ONBASE DOCUMENT MANAGEMENT SYSTEM TO INCLUDE INTELLIGENT DATA CAPTURE – INFORMATION SERVICES To approve an agreement with Harvest Technology Group, Inc., in an amount not to exceed $1,252,668.00, for an upgrade to the OnBase Document Management System to include intelligent data capture, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: Available in the Information Services Capital Projects Fund 380: Technology Infrastructure Projects 380-035-4482-8676 (Prof Svcs)

$1,000,000.00

Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: 345-050-E000-E000-8761-E0000-C (Construction) $ Transfer to: 345-050-E000-E000-8676-E0000-P (Prof Svcs)

183,428.00

$

183.428.00

Available in the Water System's Miscellaneous Professional Services Program Adopted CIP Budget for Fund 510, Department 500, Unit 5752, Program No. C0113, with the following budget transfer: Transfer from: Miscellaneous Professional Services Program Preliminary Estimates 510-500-5752-8005-C0113-Z Transfer to: Onbase Module Impl & Expansion Computer Software 510-500-5752-8675-C0131-P

$

69,240.00

$

69,240.00

Page 148 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 9 4. CONSENT AGENDA (CONT.) SUPPORT SERVICES AGENCY (CONT.) Information Services (cont.) 4N. APPROVAL OF CAPITAL LEASE WITH DELL FINANCIAL SERVICES TO FINANCE THE REPLACEMENT OF UP TO 35 PERSONAL COMPUTERS IN THE FOURTH QUARTER OF FY13 – INFORMATION SERVICES To approve a capital lease with Dell Financial Services, in an amount not to exceed $35,000.00, to finance the replacement of up to 35 personal computers in the fourth quarter of FY13, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: A capital lease in an amount not exceed $35,000.00 will provide funding for replacement of the personal computers. The capital lease proceeds revenue and the corresponding expenses will be appropriated as follows: Increase Revenue: 380-035-4534-4919 (Proceeds) Increase Expense: 380-035-4534-8420 (Computer Equip)

$35,000.00 $35,000.00

Funding for FY13 debt service payments is available in the Capital Budget for PC Capital Leases. Property Management 4O. APPROVAL OF CHANGE ORDER NO. (FINAL) TO THE CONTRACT WITH NILES BOLTON ASSOCIATES, INC. FOR DESIGN SERVICES FOR THE NEW MOBILITY CENTER PROPERTY MANAGEMENT To approve Change Order No. 1 (final) to the contract with Niles Bolton Associates, Inc., in the deductive amount of $8,426.84, for design services for the new Mobility Center located at 431 Commerce Park Drive, Project No. 4832, MIS Contract No. 000441; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: A savings to the Transit Capital Projects Fund Decrease GAE 202072710805: 202-050-4832-8120 (Professional Services) Transfer from: 202-050-4832-8120 (Professional Services) Transfer to: 202-050-4832-8005 (Preliminary Estimate)

$8,426.84

$8,426.84

$8,426.84

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 10 4. CONSENT AGENDA (CONT.) PUBLIC SAFETY AGENCY Fire and Emergency Services 4P. AUTHORIZATION TO ACCEPT DEPARTMENT OF HOMELAND SECURITY FUNDS PASSED THROUGH THE GEORGIA EMERGENCY MANAGEMENT AGENCY TO CONTINUE THE ENHANCEMENT OF HAZARDOUS MATERIALS RESPONSE - FIRE AND EMERGENCY SERVICES To authorize the acceptance of Department of Homeland Security funds passed through the Georgia Emergency Management Agency, in the amount of $20,000.00, for detection and personal protective equipment to continue the enhancement of Hazardous Materials response; authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: Increase revenue: 270-130-G282-4493 (GEMA) Increase expense: 270-130-G282-6207 (Safety Supplies) COMMUNITY DEVELOPMENT AGENCY Business License Division 4Q. AFFIRMATION OF DECISION BY THE LICENSE REVIEW BOARD REGARDING SK RESTAURANT GROUP, LLC D/B/A ZEAL – BUSINESS LICENSE DIVISION To affirm the June 20, 2013 decision by the License Review Board to approve the liquor, beer, wine, and Sunday sales pouring licenses for SK Restaurant Group, LLC d/b/a Zeal, 1255 Johnson Ferry Road, Marietta, Michael Braver, licensee. ECONOMIC DEVELOPMENT 4R. AUTHORIZATION TO ACCEPT A GRANT FUNDS FROM THE GOVERNOR’S OFFICE OF WORKFORCE DEVELOPMENT FOR COBBWORKS TO PROVIDE YOUTH TRAINING AND EMPLOYMENT SERVICES – ECONOMIC DEVELOPMENT To authorize the acceptance of grant funds from the Governor’s Office of Workforce Development for CobbWorks, the local Workforce Investment Board, in the amount of $1,327,153.00, to provide youth training and employment services; authorize corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding for revenue and expenditures will be appropriated as follows: Increase Revenue: Increase Expenditures: 276-120-YP13-4430 See Attachment $1,327,153.00 $1,327,153.00

$20,000.00

$20,000.00

A copy of the PY2013 WIA Youth Budget is attached and made a part of these minutes.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 11 4. CONSENT AGENDA (CONT.) HUMAN RESOURCES 4S. AUTHORIZATION TO CONTRIBUTE TO THE TEACHERS RETIREMENT SYSTEM OF GEORGIA FOR A FORMER LIBRARY SYSTEM EMPLOYEE - HUMAN RESOURCES To authorize a one-time contribution to the Teachers Retirement System of Georgia, in the amount of $27,243.03, for a former Library System employee Johnnie Kendrick, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding of $27,243.03 is available in the Library’s Personal Service Budget. 010-080-1800-6046 (Retirement – State Teacher) 4T. APPROVAL OF ADDENDUM TO PROFESSIONAL SERVICES CONTRACT WITH THE MCCART GROUP FOR CONSULTANT SERVICES FOR MARKETING GROUP LIFE AND GROUP LONG TERM DISABILITY BENEFITS - HUMAN RESOURCES To approve an Addendum to Professional Services Contract with The McCart Group, for consultant services for marketing of the County’s Employee Group Life and Group Long Term Disability Insurance for policy period September 1, 2013 to August 31, 2014, with guaranteed renewal rates for the two succeeding years by McCart, for a fee of $15,000.00 payable on September 1, 2013, authorize the corresponding budget transfers, and further authorize the Chairman to execute the necessary documents. A copy of the addendum is attached and made a part of these minutes. Funding for the General Fund is available with the following transfer: From: 010-015-0145-8852 (Unsustainables Contingency) To: 010-014-0140-6326 (Professional Services) Funding is available in the following budgets: General Fund Fire Fund Street Light District Law Library E911 Fund Water Fund Solid Waste Risk Management 010-014-0140-6326 (Professional Services) $10,572.06 230-130-1000-6326 (Professional Services) $ 2,776.31 235-050-SLD1-6326 (Professional Services) $ 8.63 250-225-0050-6326 (Professional Services) $ 9.86 260-130-0200-6326 (Professional Services) $ 351.05 500-500-5100-6326 (Professional Services) $ 1,242.30 600-700-4900-6326 (Professional Services) $ 15.18 710-055-8011-6326 (Professional Services) $ 24.61 $15,000.00 FINANCE 4U. ADOPTION OF RESOLUTION ADOPTING ALL BUDGET AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS DATE – FINANCE To adopt a resolution adopting all budget amendments set forth in agenda items on this date. A copy of the resolution is attached and made a part of these minutes. $10,572.06 $10,572.06

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 12 4. CONSENT AGENDA (CONT.) EMERGENCY MANAGEMENT AGENCY 4V. WITHDRAWAL OF REQUEST FOR ADOPTION OF RESOLUTION APPROVING THE LOCAL EMERGENCY OPERATIONS PLAN AND AUTHORIZATION TO SUBMIT THE PLAN TO THE GEORGIA EMERGENCY MANAGEMENT AGENCY FOR FINAL APPROVAL – EMERGENCY MANAGEMENT The request for adoption of a resolution approving the Local Emergency Operations Plan (LEOP) was withdrawn from this agenda. 4W. AUTHORIZATION TO APPLY FOR AND ACCEPT THE EMERGENCY MANAGEMENT PERFORMANCE GRANT FROM THE GEORGIA EMERGENCY MANAGEMENT AGENCY – EMERGENCY MANAGEMENT To authorize the application for and acceptance of the Emergency Management Performance Grant (EMPG), considered the Performance Partnership Agreement (PPA) Grant in Georgia, from the Georgia Emergency Management Agency (GEMA), for the purchase of personnel services, training, and any equipment or supplies; authorize the corresponding revenue and expense appropriations; and further authorize the Chairman to execute the necessary documents. Funding will be appropriated in the Grant Fund as follows: Increase Revenue: 270-020-G424-4493 GEMA Increase Expenditure: 270-020-G424-6012 270-020-G424-6018 270-020-G424-6032 270-020-G424-6034 270-020-G424-6036 270-020-G424-6038 270-020-G424-6044 270-020-G424-6052 270-020-G424-6054 270-020-G424-8005 4X.

$100,000.00

Sal Reg Sal P/T Disab Ins FIAC Med Life Ret W/C Dental Prelim Est

$ $ $ $ $ $ $ $ $ $

39,000.00 21,339.00 140.00 4,616.00 16,266.00 156.00 4,778.00 792.00 350.00 12,563.00

APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH METRO ATLANTA URBAN AREA SECURITY INITIATIVE ACCEPTING A WATER PURIFICATION SYSTEM PROVIDED THROUGH FUNDING FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY – EMERGENCY MANAGEMENT To approve a Memorandum of Understanding (MOU) with Metro Atlanta Urban Area Security Initiative (UASI) accepting a purified water system, provided through funding from the United States Department of Homeland Security, for use by the Cobb Emergency Management Agency during disasters, and authorize the Chairman to execute the necessary documents.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 13 4. CONSENT AGENDA (CONT.) JUVENILE COURT 4Y. AUTHORIZATION TO ACCEPT GRANT FUNDS FROM THE GEORGIA COURT APPOINTED SPECIAL ADVOCATES, INC. – JUVENILE COURT To authorize the acceptance of and appropriation of grant funds from the Georgia Court Appointed Special Advocates, Inc., in the amount of $42,841.57, for the grant period July 1, 2013 to June 30, 2014, for the Juvenile Court’s Court Appointed Special Advocates (CASA) program, and further authorize the corresponding budget transactions. Funding is required in Juvenile Court’s approved multi-year grant budget as follows: Increase revenue appropriation: 270-190-G577-4508 Increase expenditure appropriation: 270-190-G577-6012 SHERIFF’S OFFICE 4Z. APPROVAL OF THE NORTH CENTRAL GEORGIA LAW ENFORCEMENT ACADEMY BUDGET AND AUTHORIZATION TO EXECUTE THE TRAINING SERVICES AGREEMENT WITH THE GEORGIA PUBLIC SAFETY TRAINING CENTER – SHERIFF To approve the North Central Georgia Law Enforcement Academy (NCGLEA) budget, authorize the Chairman to execute the Training Service Agreement with the Georgia Public Safety Training Center, authorize the transfer of all authorized personnel from Unit G668 to Unit G669 in the Grant Fund until funding is exhausted, at which time further authorize the transfer of the authorized personnel to Unit G670 in the Grant Fund. Funding: County funding for the first three months (July 1, 2013 September 30, 2013) is available in the County's FY13 NCGLEA local match budget as follows: 010-260-0153-6594 NCGLEA $243,605.00

$42,841.57

$42,841.57

The remaining nine months (October 1, 2013 - June 30, 2014) will be requested in Cobb's FY14 budget. NCGLEA's State FY14 budget in the grant fund (Unit G670) will be made available with the following appropriations: Increase Revenue: 270-210-G670-4509 (State Revenue) 270-210-G670-4960 (Local Match)

$244,756.00 $243,605.00 $488,361.00

Increase Expenses: 270-210-G670-8852 (Contingency)

$488,361.00

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 14 4. CONSENT AGENDA (CONT.) SHERIFF’S OFFICE (CONT.) 4AA. APPROVAL OF ELECTRONIC SECONDARY METALS RECYCLER DATABASE AGREEMENT WITH THE GEORGIA SHERIFF’S ASSOCIATION TO HOST DATA RELATED TO THE REGISTRATION OF SECONDARY METAL RECYCLERS IN COBB COUNTY – SHERIFF To approve an Electronic Secondary Metals Recycler Database Agreement with the Georgia Sheriff's Association to host data related to the registration of secondary metal recyclers in Cobb County pursuant to O.C.G.A. 10-1-350 et. sec, and authorize the Chairman to execute the necessary documents. COUNTY CLERK 4BB. APPROVAL OF MINUTES – COUNTY CLERK To approve the minutes of the following meetings: June 24, 2013 – Agenda Work Session June 25, 2013 – Special Called Meeting/Work Session June 25, 2013 – Regular Meeting of the Board CONSENT VOTE: ADOPTED unanimously 5. TRANSPORTATION AGENCY Administration 5A. APPROVAL OF PROPOSED BUDGET AND SCHEDULE FOR THE 2005 TRANSPORTATION IMPROVEMENTS PROGRAM – TRANSPORTATION MOTION: Motion by Goreham, second by Ott, to approve the proposed budget and schedule for the 2005 Transportation Improvements Program (TIP), funded primarily by the 2005 Special Purpose Local Option Sales Tax (SPLOST), and authorize the corresponding budget transactions. A copy of the budget and schedule is on file in the Office of the County Clerk. Funding: Available in the 2005 SPLOST Transportation Improvements Program Fund VOTE: ADOPTED unanimously

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 15 5. TRANSPORTATION AGENCY Engineering 5B. APPROVAL OF CONTRACT WITH BALDWIN PAVING COMPANY, INC. FOR INTERSECTION IMPROVEMENTS ON COBB PARKWAY/US41/SR3 AT MARS HILL ROAD – TRANSPORTATION MOTION: Motion by Goreham, second by Ott, to approve a contract with Baldwin Paving Company, Inc., in an amount not to exceed $1,817,578.56, for intersection improvements on Cobb Parkway/ US41/SR3 at Mars Hill Road, Project No. E3020, MIS Contract No. 000658; 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-E003-E302-8761-E3020-C 345-050-E003-E302-8721-E3020-E Transfer to: 345-050-E003-E302-8762-E3020-C $1,591,299.55 $ 35,634.56 $1,626,934.11

Available in the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z

$195,894.45

Transfer to: Cobb Parkway/US41/SR3 at Mars Hill Road Realignment Construction 510-500-5756-8260-W4292-C $190,644.45 Interest on Retainage 510-500-5756-6613-W4292-A Meter Purchase Replacement 510-500-5756-8456-W4292-M Contingency 510-500-5756-8810-W4292-T Total VOTE: ADOPTED unanimously

$

950.00

$ $

500.00 3,800.00

$195,894.45

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 16 5. TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 5C. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE CONTRACT WITH STELLAR SERVICES, LLC FOR THE UPGRADE AND ENHANCEMENT OF PROJECTVIEW FORMERLY KNOWN AS THE COBB COUNTY PROJECT MANAGEMENT INFORMATION SYSTEM – TRANSPORTATION MOTION: Motion by Goreham, second by Ott, to approve Supplemental Agreement No. 1 to the contract with Stellar Services, LLC, in an amount not to exceed $88,110.00, for the upgrade and enhancement of ProjectView, formerly known as the Cobb County Project Management Information System, Project No. E5050, MIS Contract No. 000548; 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-E000-E000-8721-E0000-E Transfer to: 345-050-E005-E505-8722-E5050-E $58,135.00 $58,135.00

Increase GAE 345061212412: 345-050-E005-E505-8722-E5050-E

$58,135.00

Available in the Water System’s Miscellaneous County Roadway Improvements Adopted CIP Budget with the following budget transfer: Transfer from: Miscellaneous County Roadway Improvements Preliminary Estimates 510-500-5756-8005-W4702-Z Transfer to: Project Management Information Systems Upgrades Computer Software 510-500-5756-8675-W4297-P VOTE: ADOPTED unanimously 5D. APPROVAL OF CHANGE ORDER NO. (FINAL) TO THE 2011 COUNTYWIDE UNIT PRICE CONTRACT WITH BUTCH THOMPSON ENTERPRISES, INC. FOR DRAINAGE SYSTEM IMPROVEMENTS ON EBENEZER ROAD – TRANSPORTATION MOTION: Motion by Birrell, second by Cupid, to approve Change Order No. 1 (final) to the 2011 Countywide Unit Price Contract with Butch Thompson Enterprises, Inc., a savings to the project in the amount of $5,371.80, for drainage system improvements on Ebenezer Road, Project No. E2250-WO#06, MIS Contract No. 000452; and authorize the Chairman to execute the necessary documents.

$29,975.00

$29,975.00

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 17 5. TRANSPORTATION AGENCY (CONT.) Engineering (cont.) 5D. APPROVAL OF CHANGE ORDER NO. (FINAL) TO THE 2011 COUNTYWIDE UNIT PRICE CONTRACT WITH BUTCH THOMPSON ENTERPRISES, INC. FOR DRAINAGE SYSTEM IMPROVEMENTS ON EBENEZER ROAD – TRANSPORTATION (CONT.) Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund Decrease GAE 345111312603: 345-050-E002-E225-8762-E2250-C VOTE: ADOPTED unanimously 5E. RATIFICATION OF PREVIOUS ACTION BY THE COUNTY MANAGER AUTHORIZING EMERGENCY REPAIRS TO A SEGMENT OF LORRIE DRIVE – TRANSPORTATION MOTION: Motion by Birrell, second by Cupid, to ratify previous action by the County Manager authorizing emergency repairs to a segment of Lorrie Drive, in response to the heavy rain event on June 13, 2013; approve Project No. E2360-WO#01 to the 2013 Countywide Unit Price Contract with W. E. Contracting Co., Inc., in an amount not to exceed $84,870.00, for said repairs, MIS Contract No. 000620; 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-E002-E225-8761-E2250-C Transfer to: 345-050-E002-E236-8762-E2360-C $69,870.00 $69,870.00

$ 5,371.80

Available in the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z Transfer to: Lorrie Drive Drainage Construction 510-500-5756-8260-W4295-C Interest on Retainage 510-500-5756-6613-W4295-A Contingency 510-500-5756-8810-W4295-T Total VOTE: ADOPTED unanimously

$15,375.00

$15,000.00

$ $

75.00 300.00

$15,375.00

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 18 5. TRANSPORTATION AGENCY (CONT.) Road Maintenance 5F. APPROVAL OF WORK DETAIL AGREEMENT WITH THE GEORGIA DEPARTMENT OF CORRECTIONS FOR RIGHT-OFWAY MAINTENANCE SERVICES – TRANSPORTATION MOTION: Motion by Birrell, second by Ott, to approve a Work Detail Agreement with the Georgia Department of Corrections, in an amount not to exceed $118,500.00, for right-of-way maintenance services for the period of July 1, 2013, through June 30, 2014, Project No. TR469, MIS Contract No. 000711, and authorize the Chairman to execute the necessary documents Funding: Available in the Department's FY13 approved General Fund Operating Budget as follows: 010-050-0798-6512-TR469-O VOTE: ADOPTED unanimously 6. SUPPORT SERVICES AGENCY Property Management 6A. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 TO THE CONTRACT WITH ALLSOUTH SPRINKLER COMPANY FOR THE 2011 SPLOST JUVENILE COURT RENOVATION PROJECT - PROPERTY MANAGEMENT MOTION: Motion by Birrell, second by Goreham, to approve Supplemental Agreement No. 1 to the contract with Allsouth Sprinkler Company, in the amount of $3,150.00, for renovation at the Juvenile Court, located at 32 Waddell Street; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents. Funding is available in the 2011 SPLOST project budget as follows: 345-110-E085-8005-E0850-C) (Juvenile Court Construction Increase GAE 345062612802 345-110-E085-8113 (Plumbing Installations) VOTE: ADOPTED unanimously $3,150.00 $118,500.00

$3,150.00

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 19 6. SUPPORT SERVICES AGENCY (CONT.) Property Management (cont.) 6B. APPROVAL OF DESIGN/BUILD CONTRACT WITH PETER BROWN CONSTRUCTION, INC. FOR THE NEW AIR TRAFFIC CONTROL TOWER AT COBB COUNTY AIRPORT-MCCOLLUM FIELD – TRANSPORTATION MOTION: Motion by Birrell, second by Goreham, to approve a design/build contract with Peter Brown Construction, Inc., in an amount not to exceed $734,004.00, to include design costs of $272,531.00, project fee costs of $135,733.00, and project general condition costs of $325,740.00, for the new air traffic control tower at Cobb County Airport–McCollum Field, MIS Contract No. 000720; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: Available in the Grant Fund with the following interfund transfer of funding from the Airport Division’s FY13 approved Reserve budget: Transfer from: 010-050-0720-8852 (Fund Balance-Reserves) Transfer to: 270-050-G034-8120 (Professional Svcs-Bldgs & Structures) VOTE: ADOPTED unanimously 6C. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 (FINAL) TO THE CONTRACT WITH Q. T. CONTRACTING, INC. D/B/A POWERS HEATING AND AIR FOR THE 2011 SPLOST HEARING, VENTILATING, AND AIR CONDITIONING PROJECT AT THE 10 EAST PARK SQUARE COMPUTER ROOM - PROPERTY MANAGEMENT MOTION: Motion by Birrell, second by Cupid, to approve Supplemental Agreement No.1 (final) to the contract with Q. T. Contracting, Inc., d/b/a Powers Heating and Air, in the deductive amount of $966.19, for the 2011 SPLOST Heating, Ventilating, and Air Conditioning project at the Administration Building Computer Room, 10 East Park Square; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: A Savings to the SPLOST Fund Decrease GAE 345100912703 345-110-E076-8435-E0760-C VOTE: ADOPTED unanimously NOTE: Chairman Lee called for a brief recess at 10:06 a.m. reconvened at 10:15 a.m. The meeting was

$734,004.00

$734,004.00

($966.19)

Page 159 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 20

7.

COMMUNITY DEVELOPMENT Business License Division 7A. CONDUCT OF APPEAL HEARING TO DETERMINE IF DUE CAUSE EXISTS TO DENY THE COBB COUNTY BEER AND WINE PACKAGE LICENSE FOR ABH CORPORATION D/B/A QUIK PIC FOOD STORE, KHUBAIB HUSSAIN, LICENSEE – BUSINESS LICENSE

Chairman Lee opened the appeal hearing for ABH Corporation d/b/a Quik Pic Food Store, Khubaib Hussain, licensee, relative to Mr. Hussain’s appeal of the April 25, 2013 decision by the License Review Board to recommend denial of his application for a beer and wine package license. Mr. Sam Hensley, Jr., attorney for the Business License Division and the License Review Board, provided opening remarks. Mr. Parks Huff, attorney for Mr. Hussain, provided opening remarks. Mr. Hensley swore in those persons expected to testify. Mr. Hensley called the following persons for questioning: Sergeant Bonnie Smith, Cobb County Police Department Sandra Richardson, Business License Division Manager Captain Jeffrey Adcock, Cobb County Police Department Mr. Huff also questioned the above witnesses. Mr. Huff called Mr. Hussain for questioning. Mr. Hensley also questioned Mr. Hussain. Mr. Huff provided closing remarks. remarks. Mr. Hensley provided closing

Commissioner Cupid questioned the following persons: Captain Jeffrey Adcock, Cobb County Police Department Sandra Richardson, Business License Division Manager Khubaib Hussain, licensee Following general comments by Commissioner Cupid, the following motion was made: MOTION: Motion by Cupid, second by Ott, to deny the beer and wine package license for ABH Corporation d/b/a Quik Pic Food Store, 340 Six Flags Drive, Suite A, Austell, Georgia, Khubaib Hussain. VOTE: FAILED 1-4, Chairman Lee, Commissioner Birrell, Commissioner Goreham, and Commissioner Ott opposed Following the vote on the above motion, Chairman Lee made the following motion: MOTION: Motion by Lee, second by Goreham, to approve the beer and wine package license for ABH Corporation d/b/a Quik Pic Food Store, 340 Six Flags Drive, Suite A, Austell, Georgia, Khubaib Hussain. Prior to the vote on the above motion, Commissioner Ott asked that the motion be amended to include a requirement that upon request for renewal of this license, a show cause hearing be held before the Board of Commissioners.

Page 160 of 266

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS JULY 9, 2013 PAGE 21 7. COMMUNITY DEVELOPMENT Business License Division 7A. CONDUCT OF APPEAL HEARING TO DETERMINE IF DUE CAUSE EXISTS TO DENY THE COBB COUNTY BEER AND WINE PACKAGE LICENSE FOR ABH CORPORATION D/B/A QUIK PIC FOOD STORE, KHUBAIB HUSSAIN, LICENSEE – BUSINESS LICENSE (CONT.) Chairman Lee then amended his motion as follows: MOTION: Motion by Lee, second by Ott, to approve the beer and wine package license for ABH Corporation d/b/a Quik Pic Food Store, 340 Six Flags Drive, Suite A, Austell, Georgia, Khubaib Hussain, and direct that upon request for renewal of this license, a show cause hearing automatically be scheduled before the Board of Commissioners. VOTE: ADOPTED 4-1, Commissioner Cupid opposed 8. APPOINTMENT AND REAPPOINTMENT TO THE FAMILY AND CHILDREN SERVICES BOARD MOTION: Motion by Lee, second by Birrell, to approve the following appointment and reappointment to the Family and Children Services Board: • • Approve the reappointment of Dan Post, for a five year term to expire June 30, 2018. Approve the appointment of Lieutenant Everett Cebula, for the balance of a five year term to expire June 30, 2017.

VOTE: ADOPTED unanimously

ADJOURNMENT The meeting was adjourned at 11:50 a.m.

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

Page 161 of 266

COBB COUNTY TRANSPORTATION AGENCY REGULAR AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

Engineering 1 To approve a contract with Summit Construction & Development, LLC for improvements on Pisgah Road Sidewalk, Project No. E7010, MIS Contract No. 000657. To approve a Project Framework Agreement with the Georgia Department of Transportation for Cobb Parkway/US41/SR3 at Cedarcrest Road/Awtrey Church Road, State P. I. No. 0012754, Cobb County Project No. E4080. To adopt a resolution authorizing the submission of the Local Maintenance and Improvement Grant Program application for FY14 to the Georgia Department of Transportation for the resurfacing of County-maintained roads, Project No. E9130. To approve Change Order No. 1 (final) to the contract with Summit Construction and Development, LLC for New Freedom Program Grant Sidewalks, Phase 2, Project No. D7270, MIS Contract No. 000487. Traffic Operations 5 To approve a contract with R. J. Haynie & Associates, Inc., for Traffic Signals, Phase 1-Uninterruptible Power Supply System Installation, Project No. E5040, PV Contract No. 000670. To approve Project No. E5010-TO#1 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., for traffic engineering services for Advanced Transportation Management Systems, PV Contract No. 000564. Road Maintenance 7 To ratify previous County Manager action and approve a contract with TAG Grinding for storm debris removal and grinding services.

2

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4

6

Page 162 of 266

Agenda Item Number. 1

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 4

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve a contract with Summit Construction & Development, LLC for improvements on Pisgah Road Sidewalk, Project No. E7010, MIS Contract No. 000657.

BACKGROUND
Pisgah Road Sidewalk is an approved fill-in-the gaps project in the Sidewalks Component of the 2011 SPLOST Transportation Improvements Program. The project consists of the construction of approximately 3,200 feet of sidewalk and drainage improvements on the east side of Pisgah Road, from South Gordon Road to the entrance of Wallace Park. The Invitation to Bid was advertised in the Marietta Daily Journal on May 31, 2013, and on June 7, 14, and 21, 2013. Bids were received on June 27, 2013, from the following companies: Company Summit Construction & Development, LLC Ohmshiv Construction, LLC D&H Construction Company, Inc. Scott & Sons Holding, LLC Lewallen Construction Co. Baldwin Paving Company, Inc. Bid Amount $645,771.40 $695,328.50 $706,836.75 $740,389.32 $758,290.00 $759,982.51

Page 163 of 266

Agenda Item Number. 1

The low bid of $645,771.40 from Summit Construction & Development, LLC was reviewed and found to be reasonable and responsive. Bid tabulation consisted of $549,229.40 in roadway costs and $96,542.00 in Water System costs. The completion date for this project is 360 consecutive calendar days from issuance of the Notice to Proceed.

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfers: Transfer from: 345-050-E007-E701-8761-E7010-C 345-050-E007-E704-8721-E7040-E 345-050-E007-E704-8761-E7040-C Transfer to: 345-050-E007-E701-8762-E7010-C $384,729.60 $ 14,499.80 $150,000.00 $549,229.40

Available in the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z Transfer to: Pisgah Road Sidewalk Construction Interest on Retainage 510-500-5756-8260-W4298-C 510-500-5756-6613-W4298-A $96,542.00 $ $ 480.00 500.00

$99,452.00

Meter Purchase Replacement 510-500-5756-8456-W4298-M Contingency Total 510-500-5756-8810-W4298-T

$ 1,930.00 $99,452.00

RECOMMENDATION
The Board of Commissioners approve a contract with Summit Construction and Development, LLC, in an amount not to exceed $645,771.40, for improvements on Pisgah Road Sidewalk, Project No. E7010, MIS Contract No. 000657; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Page 164 of 266

Agenda Item Number. 1

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Page 165 of 266

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Agenda Item Number. 2

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 1

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve a Project Framework Agreement with the Georgia Department of Transportation for Cobb Parkway/US41/SR3 at Cedarcrest Road/Awtrey Church Road, State P. I. No. 0012754, Cobb County Project No. E4080.

BACKGROUND
On May 30, 2013, the Department was notified by the Georgia Department of Transportation (GDOT) that Cobb Parkway/US41/SR3 at Cedarcrest Road/Awtrey Church Road was selected for Federal Safety Improvement funding; therefore, the project is eligible for inclusion in the Thoroughfare Improvements Component of the 2011 SPLOST Transportation Improvements Program. The project consists of adding dual left turn lanes from Cobb Parkway/US41/SR3 northbound to Cedarcrest Road westbound. Also included in the project are upgrades to pedestrian signalization and Americans with Disabilities Act (ADA) compliant upgrades. The Department is in receipt of a Project Framework Agreement from GDOT. Under the terms of the agreement, Federal/State funding is available for preliminary engineering, right-of-way and construction costs, in an amount not to exceed $1,561,000.00, and for 100 percent of GDOT preliminary engineering oversight costs, estimated to be $39,000.00. Cobb County will be responsible for funding 100 percent of the preliminary engineering costs, right-of-way costs, utility relocation costs, and construction costs that exceed the Federal/State maximum.

FUNDING
N/A
Page 167 of 266

Agenda Item Number. 2

RECOMMENDATION
The Board of Commissioners approve a Project Framework Agreement with the Georgia Department of Transportation (GDOT) for Cobb Parkway/US41/SR3 at Cedarcrest Road/Awtrey Church Road, State P. I. No. 0012754, Cobb County Project No. E4080; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 168 of 266

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Page 169 of 266

Agenda Item Number. 3

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To adopt a resolution authorizing the submission of the Local Maintenance and Improvement Grant Program application for FY14 to the Georgia Department of Transportation for the resurfacing of County-maintained roads, Project No. E9130.

BACKGROUND
The Department routinely rates roadway pavement for resurfacing as a part of the County’s pavement management program. Rating results of roads recommended for resurfacing are submitted to the Georgia Department of Transportation (GDOT) for funding assistance through the Local Maintenance and Improvement Grant (LMIG) Program. In order to receive LMIG funding, the County is required to complete an application that includes a proposed project list containing the road name, length, termini, type of work, and total project cost. The Department is in receipt of the required LMIG Program application. Under the terms of the program, the County’s FY14 LMIG will be a maximum amount of $3,901,238.88. A 30 percent minimum local match, or $1,170,371.67, is required in accordance with the stipulations of the Transportation Investment Act, and is available in the Resurfacing Component of the 2011 SPLOST Transportation Improvements Program Fund budget. The estimated total project cost is $7,977,445.00, which will result in an estimated local match of $4,076,206.12. This exceeds the 30 percent minimum local match requirement.

Page 170 of 266

Agenda Item Number. 3

FUNDING
Appropriate receipt of additional funding to the 2011 SPLOST Transportation Improvements Program Fund from the Georgia Department of Transportation LMIG Program as follows: Increase Revenue Appropriation: Increase Expenditure Appropriation: 345-050-E009-E913-4466-E9130-C 345-050-E009-E913-8761-E9130-C $3,901,238.88 $3,901,238.88

RECOMMENDATION
The Board of Commissioners adopt a resolution authorizing the submission of the Local Maintenance and Improvement Grant (LMIG) Program application for FY14 to the Georgia Department of Transportation (GDOT) for the resurfacing of County-maintained roads, Project No. E9130; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
FY14 Resolution FY14 Application Project List

Page 171 of 266

RESOLUTION

WHEREAS, it continues to be the desire of Cobb County to support the preservation of County infrastructure; and WHEREAS, the Georgia Department of Transportation has been delegated authority to award State financial assistance for a transportation project; and WHEREAS, the grant or cooperative agreement for State financial assistance will impose certain obligations upon Cobb County, and may require Cobb County to provide the local share of the project cost; and WHEREAS, Cobb County has provided or will provide all annual certifications and assurances to the Georgia Department of Transportation required for the project; NOW, THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissioners authorize the filing of an application for a grant by Cobb County with the Georgia Department of Transportation in the amount not to exceed $3,901,238.88; 1. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute and file an application for State assistance on behalf of Cobb County with the Georgia Department of Transportation for State assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other State statutes authorizing a project administered by the Georgia Department of Transportation. 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 Georgia Department of Transportation requires before awarding a State assistance grant or cooperative agreement. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute grant and cooperative agreements with the Georgia Department of Transportation on behalf of Cobb County. This ______ day of _______________, 2013.

2.

3.

________________________________ Timothy D. Lee, Chairman Cobb County Board of Commissioners

Page 172 of 266

2014 LMIG Submittal - Project List Cobb County, Georgia

No.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Road Name
Antioch Road Gordon Combs Road Greers Chapel Road Hadaway Road Hamilton Road Ridenour Road Villa Rica Way Church Road Indian Hills Parkway Pace Ferry Road Plant Atkinson Road Power Ferry Road Canton Road Casteel Road Davis Road Hamby Road Royal Drive Shiloh Road Brown Road Floyd Road Holloman Road John Petree Road Old Concord Road Pisgah Road South Service Road White Road

Begin
Due West Road Burnt Hickory Road North Cobb Parkway Acworth Due West Road Paul Samuel Road Greers Chapel Road Barrett Parkway South Cobb Drive Lower Roswell Road Atlanta Road Log Cabin Road Terrell Mill Road Canton Road Connector Murdock Road Shallowford Road Hickory Grove Road Shiloh Road Royal Drive Hiram Lithia Springs Road Austell Road Stout Parkway Macland Road Concord Road Old Powder Springs Road Six Flags Parkway Factory Shoals Road

End
Paulding County Kennesaw Due West Road Ridenour Road Due West Road Kennesaw Due West Road Old 41 Highway Dallas Highway North Church Lane Roswell Road Paces Mill Road North Church Lane Delk Road Rosedale Drive Oak Lane Sandy Plains Road Cherokee County Jiles Road Wade Green Road Stout Parkway Hicks Road Hiram Lithia Springs Road Hopkins Road Church Street South Gordon Road Riverside Parkway Riverside Parkway

Comm Distrct
1 1 1 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 4

Length (miles)
1.84 1.38 0.14 3.01 1.45 0.40 0.26 0.63 1.27 1.69 0.84 0.43 0.93 1.21 1.80 1.67 0.51 0.78 1.74 1.98 1.67 1.21 0.39 1.47 0.43 1.52

Type of Work
Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface Mill, Patch, Resurface

Estimated Cost
$355,469 $292,120 $27,133 $636,720 $305,360 $77,037 $55,241 $134,040 $267,280 $890,000 $176,840 $235,935 $489,000 $233,859 $348,590 $351,920 $163,094 $411,000 $336,453 $834,400 $322,923 $233,308 $76,083 $311,280 $91,480 $320,880

Estimated Total Project Cost

$ 7,977,445

PageH:\AGENDA\2013\072313\Attachments\FY14 173 of 266 LMIG Application List.xlsx

Agenda Item Number. 4

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. 4

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve Change Order No. 1 (final) to the contract with Summit Construction and Development, LLC for New Freedom Program Grant Sidewalks, Phase 2, Project No. D7270, MIS Contract No. 000487.

BACKGROUND
New Freedom Program Grant Sidewalks is an approved sidewalk improvement project in the 2005 SPLOST Transportation Improvements Program and is being constructed in two phases. Phase 1 of this project consisted of adding sidewalk, curb and gutter, from Big Shanty Road along Campus Loop Road to the existing sidewalk, to connect Big Shanty Road with Kennesaw State University. The project also included intersection improvements, upgrading pedestrian signals, and adding crosswalks at the intersections of Powers Ferry Road and Delk Road, George Busbee Parkway at Garden Ridge, and Bells Ferry Road at Kendrick Farm Lane. Phase 2 of this project consisted of adding sidewalk, curb and gutter along Blairs Bridge Road and South Gordon Road, from the existing bus stop on Blairs Bridge Road at the Mt. Pisgah Baptist Church to the intersection of South Gordon Road and Factory Shoals Road. The project also consisted of intersection improvements, upgrading pedestrian signals, and installing crosswalks at the intersection of South Gordon Road and Factory Shoals Road. On March 27, 2012, the Board of Commissioners approved a contract with Summit Construction & Development, LLC for sidewalk improvements on the New Freedom Program Grant Sidewalks, Phase 2, project.

Page 174 of 266

Agenda Item Number. 4

Details for action requested are as follows: Change Order No. 1 (final) to the contract with Summit Construction & Development, LLC, a savings to the project in the amount of $52,226.81, is requested due to variations between the original and final plan quantities, including underruns in asphalt patching, 19MM asphalt, construction allowance and utility allowances. These are the final changes necessary to close this project with Summit Construction & Development, LLC. Original Contract Change Order No. 1 (final) Revised Contract $439,864.00 ($ 52,226.81) $387,637.19

FUNDING
A savings to the 2005 SPLOST Transportation Improvements Program Fund. Decrease GAE 3400327126021: 340-050-7507-D727-8762-D7270-C $22,961.81

A savings to the Water System’s SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Decrease GAE 5100327126021: 510-500-5756-8260-W4253-C $29,265.00

Transfer from: New Freedom Program Grant Sidewalk - Blair Bridge Construction Change Order No. 1 (final) 510-500-5756-8260-W4253-C Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z $29,265.00 $29,265.00

RECOMMENDATION
The Board of Commissioners approve Change Order No. 1 (final) to the contract with Summit Construction and Development, LLC, a savings to the project in the amount of $52,226.81, for New Freedom Program Grant Sidewalks, Phase 2, Project No. D7270, MIS Contract No. 000487; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 175 of 266

Agenda Item Number. 5

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve a contract with R. J. Haynie & Associates, Inc., for Traffic Signals, Phase 1Uninterruptible Power Supply System Installation, Project No. E5040, PV Contract No. 000670.

BACKGROUND
Traffic Signals is an approved project in the Traffic Management, Traffic Signal, Timing and Planning Component of the 2011 SPLOST Transportation Improvements Program. Beginning in 2006, battery back-up systems were installed at 56 Cobb County traffic signal locations to maintain power to the signals in the event of a power disruption. The installation of the battery back-up systems have proven successful, increasing public safety, reducing traffic congestion, and avoiding unnecessary Public Safety and Transportation staff mobilization by providing continuous power to traffic signals during power failures. The technology of battery back-up systems has evolved into more reliable and affordable uninterruptible power supply (UPS) systems that include power conditioning, battery monitoring, and communication capabilities. Priorities for installation of UPS systems include traffic signals with railroad preemption and high volume corridors. Several of the existing battery back-up systems are reaching the end of their useful service life and need to be replaced. The Department recommends installing UPS systems at 38 Cobb County traffic signal locations, removal of existing battery back-up systems at 18 of the 38 traffic signals, replacing existing small signal cabinet bases with large bases at 33 of the 38 traffic signals, and integrating the UPS systems with the Regional Transportation Management Center utilizing the existing traffic signal Ethernet communications.

Page 176 of 266

Agenda Item Number. 5

The Invitation to Bid for this project was advertised in the Marietta Daily Journal on June 14, 21, and 28, 2013, and again on July 5, 2013. Bids were received on July 11, 2013, from the following companies: Company Name R. J. Haynie & Associates, Inc. Bass Signal Corporation Brooks, Berry, Haynie & Associates, Inc. Detection Engineering Technologies, Inc. North Cherokee Electrical, Inc. Bid Amount $304,686.00 $308,400.00 $316,323.00 $325,547.27 $442,639.51

The low bid of $304,686.00 from R. J. Haynie & Associates, Inc., was reviewed and found to be reasonable and responsive. 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: Transfer from: Transfer to: 345-050-E005-E504-8761-E5040-C 345-050-E005-E504-8771-E5040-C $304,686.00 $304,686.00

RECOMMENDATION
The Board of Commissioners approve a contract with R. J. Haynie & Associates, Inc., in an amount not to exceed $304,686.00, for Traffic Signals, Phase 1- Uninterruptible Power Supply (UPS) System Installation, Project No. E5040, PV Contract No. 000670; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 177 of 266

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PROJECT: Traffic Signals Phase 1 UPS System Installation Project No. E5040

DATE: July 23, 2013

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Notes: All Commission Districts

Page 178 of 266

Agenda Item Number. 6

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve Project No. E5010-TO#1 to the 2012 Master Task Order Contract with KimleyHorn and Associates, Inc., for traffic engineering services for Advanced Transportation Management Systems, PV Contract No. 000564.

BACKGROUND
Advanced Transportation Management Systems (ATMS) is an approved project in the Traffic Management, Traffic Signal Timing, and Planning Component of the 2011 SPLOST Transportation Improvements Program. The Department's ATMS includes a Regional Transportation Management Center and Intelligent Transportation Systems (ITS), incorporating traffic signal management systems, closed circuit television cameras for traffic surveillance, fiber optic cable systems, and traveler information systems. On May 8, 2012, the Board of Commissioners approved the 2012 Master Task Order Contracts. Kimley-Horn and Associates, Inc., was approved for Traffic Engineering Services. Project No. E5010-TO#1 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., in an amount not to exceed $34,260.00, is requested for the scoping phase of the project, which includes consultation, planning and design of the upgrade and expansion of the ATMS system, to include development of a fiber optic network and Ethernet migration strategies for ITS communications. Additional phases of the project will follow upon completion of this initial phase.

Page 179 of 266

Agenda Item Number. 6

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: Transfer to: 345-050-E005-E501-8761-E5010-C 345-050-E005-E501-8722-E5010-E $34,260.00 $34,260.00

RECOMMENDATION
The Board of Commissioners approve Project No. E5010-TO#1 to the 2012 Master Task Order Contract with Kimley-Horn and Associates, Inc., in an amount not to exceed $34,260.00, for traffic engineering services for Advanced Transportation Management Systems (ATMS), PV Contract No. 000564; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

Page 180 of 266

Agenda Item Number. 7

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Faye DiMassimo, Transportation, Director Eddie Cannon, Parks & Recreation, Director This item has been electronically signed by:
Faye DiMassimo, Director Eddie Canon, Director

DATE:

July 23, 2013

PURPOSE
To ratify previous County Manager action and approve a contract with TAG Grinding for storm debris removal and grinding services.

BACKGROUND
On June 13, 2013, Cobb County was struck with high winds and heavy rains causing widespread damage across the County. To provide safe passage of vehicles, debris from this storm was removed as quickly as possible from County roadways by Department crews. Debris placed on County right-of-way from the road clearing process then needed to be removed to return the right-of-way to pre-storm condition. Additionally, property owners affected by the storm countywide have requested assistance from the Department in disposing of debris. To meet the demand of clearing the County right-of-way, all Department of Transportation (DOT) maintenance and mowing operations on roadways, medians and Gateway signs was suspended. A vast amount of storm debris still needs to be collected/disposed of from the County roadways and neighborhoods. The Department subsequently recommended retaining a unit price contractor to continue storm debris removal and grinding of storm debris currently staged at the Merritt Road site. The County Manager, under emergency authority granted by the Board of Commissioners, approved commencement of contracted storm debris removal and grinding services. On December 11, 2012, the Board of Commissioners approved the 2013 Countywide Unit Price Contracts. A contract with TAG Grinding, the most immediately responsive contractor, is requested for storm debris removal and grinding services, in an amount not to exceed $404,500.00. Page 181 of 266

Agenda Item Number. 7

Contracting for these services will allow DOT crews to resume routine mowing operations. In an effort to ensure the safety of the public and expedite the mowing of the vast number of roadways affected by the suspension of mowing operations, additional manpower and equipment is required to support the efforts of DOT crews. This additional manpower will be provided by in-house crews from Parks and Recreation and Solid Waste, supplemented by an existing contract with Tidwell Lawn Care, as approved by the Board on May 14, 2013, for shoulder mowing services. To expedite this mowing effort, DOT crews will need to be scheduled for overtime hours to address areas affected by the required suspension of mowing operations. Funding for projected overtime wages is available in DOT's approved FY13 General Fund Operating budget.

FUNDING
Available in the Department of Transportation’s FY13 approved General Fund Operating budget with the following budget transfer from General Fund Reserve Contingency for Unsustainables: Transfer from: Transfer to: 010-015-0145-8852 (Unsustainables) 010-050-0781-6512 (Road Maintenance) $404,500.00 $404,500.00

RECOMMENDATION
The Board of Commissioners ratify previous County Manager action and approve a contract with TAG Grinding, in an amount not to exceed $404,500.00, for storm debris removal and grinding services; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.

Page 182 of 266

COBB COUNTY PUBLIC SERVICES AGENCY REGULAR AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

Parks, Recreation, and Cultural Affairs 1 To approve a contract with Croft & Associates for professional design and construction administration services for the redevelopment of Powder Springs Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program. To approve a contract with S. Garrett and Company for construction services and materials to replace the metal roof system at the West Cobb Aquatic Center under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

2

Page 183 of 266

Agenda Item Number. 1

Cobb County Parks, Recreation & Cultural Affairs
Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. 4

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve a contract with Croft & Associates for professional design and construction administration services for the redevelopment of Powder Springs Park under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND

The 2011 Parks, Recreation and Cultural Affairs (PRCA) SPLOST Program includes the Powder Springs Park. This park was first developed in 1975 and is in need of renovation. Under a separate contract, a revised Master Plan was prepared with a goal of reducing the impact of occasional flooding associated with the adjacent Powder Springs Creek. Working with the volunteer athletic association active in the park, staff has identified a number of features to be redeveloped. These include redeveloping and repositioning several athletic fields to minimize flooding impacts, improve overall site drainage, and construct a new concession/restroom building. In order to generate appropriate construction documents, the Department requires the services of a professional architecture and engineering firm. A Request for Professional Design and Construction Administration Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on May 17, 24, 31 and June 7, 2013, in accordance with Selection Process 2 (Competitive Proposals) of the Policy for Procurement of Professional Services, as amended on December 20, 2011. Proposals were received from seven firms and opened on June 13, 2013. The following Selection Committee was approved for this project. Jeff Abrams (PRCA), Jimmy Barnett (PRCA), Randy Crider (Public Safety), Bill Higgins (Water System), and Jane Stricklin Page 184 of 266

Agenda Item Number. 1

(DOT). The Selection Committee reviewed the proposals and ranked the firms based on proposed staffing, previous experience and performance, understanding of an approach to the project, availability, proposed schedule, local vendor presence, and financial stability. In addition, Selection Process 2 includes weighting of each firm's scoring based on prices submitted as part of their proposal which allows the Department to recommend awarding the contract to the top ranked firm. The proposals from the responding firms were ranked in the following order: Croft & Associates Atkins North America, Inc. Lose & Associates, Inc. jB+a, Inc. Wiley-Wilson Robert & Company Cooper-Carry The Committee ranked Croft & Associates as the firm offering the best combination of qualifications and pricing. This contract has been reviewed and approved as to form by the Cobb County legal department.

FUNDING
Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E030-EP337 E-8722 345-105-E040-EP441 E-8722 $ 45,210.00 $103,520.00

RECOMMENDATION
The Board of Commissioners approve a contract with Croft & Associates, in an amount not to exceed $148,730.00, for professional design and construction administration services related to the redevelopment of Powder Springs Park under the 2011 PRCA SPLOST Program, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Page 185 of 266

Agenda Item Number. 2

Cobb County Parks, Recreation & Cultural Affairs
Eddie Canon, Director 1792 County Services Parkway Marietta, Georgia 30008-4026 (770) 528-8800 / fax: (770) 528-8813

Comm. Dist. 4

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve a contract with S. Garrett and Company for construction services and materials to replace the metal roof system at the West Cobb Aquatic Center under the 2011 Parks, Recreation and Cultural Affairs SPLOST Program.

BACKGROUND

The 2011 Parks, Recreation and Cultural Affairs (PRCA) SPLOST Program includes improvements at the West Cobb Aquatic Center on Macland Road in Powder Springs. These improvements include the replacement of the metal roof system at the facility. The West Cobb Aquatic Center is an indoor swimming facility serving individual swimmers, adult fitness programs, and competitive teams. The existing interior metal roof decking has recently shown signs of corrosion and needs to be replaced. PRCA and Program Management staff worked together to create construction documents sufficient to obtain competitive bids from qualified vendors for the required construction services and materials. An Invitation to Bid for Construction Services was published on the County Purchasing website, and advertised in the Marietta Daily Journal on May 31 and June 7, 14, and 21, 2013 in accordance with Purchasing Policies. Sealed Bids were received from six responsible and responsive firms and opened on June 27, 2013. One bidder submitted a Statement of No Bid, and one proposal was determined to be non-responsive. The qualified bidders were: ABUCK, Inc. Eastern Corporation S. Garrett and Company Garland/DBS, Inc.
Page 186 of 266

Agenda Item Number. 2

Prime Contractors, Inc. RYCARS Construction, LLC Bids and supporting information were received by Purchasing and PRCA staff, and the qualified low bidder was identified as S. Garrett and Company with a total bid amount of $279,583.00. This contract has been reviewed and approved by the Cobb County legal department.

FUNDING
Funding is available in the 2011 PRCA SPLOST fund as follows: 345-105-E030-EP362 C-8125 $279,583.00

RECOMMENDATION
The Board of Commissioners approve a contract with S. Garrett and Company, in an amount not to exceed $279,583.00, for construction services and materials to replace the metal roof system at the West Cobb Aquatic Center under the 2011 PRCA SPLOST Program, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Page 187 of 266

COBB COUNTY SUPPORT SERVICES AGENCY REGULAR AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

Property Management 1 To approve Supplemental Agreement No. 1 (final) to the contract with Overhead Door Company of Atlanta for the 2011 SPLOST Fire Station Bay Doors project. To approve two contracts with Kenco-Lusk, LLC, for installation of Heating, Ventilating and Air Conditioning equipment for 2011 SPLOST projects at the Public Safety Training facility, the Greenridge Mental Health facility, and the 800 MHz Building.

2

Page 188 of 266

Agenda Item Number. 1

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Property Management Director Jack Forsythe, Public Safety Agency Director Sam Heaton, Fire Chief This item has been electronically signed by:
John A. Reida, Director Sam Heaton, Fire Chief Jack Forsythe, Director of Public Safety

DATE:

July 23, 2013

PURPOSE
To approve Supplemental Agreement No. 1 (final) to the contract with Overhead Door Company of Atlanta for the 2011 SPLOST Fire Station Bay Doors project.

BACKGROUND
The project to replace bay doors at various fire stations was approved by the citizens in the 2011 SPLOST. Meetings were held with the Fire Department staff to address their concerns and reliability of the current bay doors and to determine specifications for the bid. This project is to replace outdated equipment. On January 24, 2013, Property Management opened sealed bids received by the Purchasing Department for the replacement of 32 bay doors in 11 fire stations after advertising for 4 weeks. Four bids were received and opened. The lowest responsive bid was from Overhead Door Company of Atlanta. Property Management verified references and recommended they be awarded the contract. On February 12, 2013, the Board approved a contract with Overhead Door Company of Atlanta for the 2011 SPLOST project replacing apparatus bay doors in various County Fire Stations. Supplemental Agreement No. 1 to the contract with Overhead Door Company of Atlanta, in the amount of $10,923.00, incorporates Change Directive No.1 which includes costs for certain door operators, plus 14 additional calendar days. The Substantial Completion date is extended from June 12, 2013 to June 28, 2013. The change directive was approved by the County Page 189 of 266

Agenda Item Number. 1

Manager to expedite the project schedule. Original Contract Amount Supplemental Agreement No. 1 (final) Adjusted Contract Amount $144,728.00 10,923.00 $155,651.00

FUNDING
Funds are available in the 2011 SPLOST project as follows: 345-130-E102-EPS28 (Fire Station Bay Doors) $ 10,923.00

RECOMMENDATION
The Board of Commissioners approve Supplemental Agreement No.1 (final) to the contract with Overhead Door Company of Atlanta, in the amount of $10,923.00, and extend contract schedule an additional 14 calendar days; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 190 of 266

Agenda Item Number. 2

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager John A. Reida, Property Management Director Jack Forsythe, Public Safety Agency Director This item has been electronically signed by:
John A. Reida, Director Jack Forsythe, Director of Public Safety

DATE:

July 23, 2013

PURPOSE
To approve two contracts with Kenco-Lusk, LLC, for installation of Heating, Ventilating and Air Conditioning equipment for 2011 SPLOST projects at the Public Safety Training facility, the Greenridge Mental Health facility, and the 800 MHz Building.

BACKGROUND
The Heating, Ventilating and Air Conditioning (HVAC) projects were approved by the citizens in the 2011 SPLOST. All three projects will replace outdated equipment. Property Management met with Public Safety and the Community Services Board and are in agreement regarding specifications and requirements for their respective facilities. Purchasing advertised for four weeks to procure proposals for the Public Safety Training and Greenridge Mental Health facilities in a single sealed bid, and Property Management solicited bids from multiple vendors for the 800 MHz Building. Public Safety Training and Greenridge Mental Health Kenco-Lusk, LLC QT Contracting d/b/a Powers Heating & Air Bardi Heating and Air Johnson Controls, Inc. $ 77,000.00 $105,000.00 $111,600.00 $124,279.00

Page 191 of 266

Agenda Item Number. 2

800 MHz Building Kenco-Lusk, LLC E Smith Heating & Air Johnson Controls, Inc. $ 19,500.00 $ 22,900.00 $ 28,102.00

The lowest responsible bid in both cases was from Kenco-Lusk, LLC: for Public Safety Training and Greenridge Mental Health, in the amount of $77,000.00; and for the 800 Mhz Building in the amount of $19,500.00. Property Management has verified references and bids from the low bidder, Kenco-Lusk, LLC, and recommends they be awarded the contracts.

FUNDING
Funding is available in the 2011 SPLOST project budgets as follows: 345-110-E076-8005-E0792-C (Public Safety Training HVAC) 345-110-E076-8005-E0770-C (Greenridge HVAC) 345-110-E076-8005-E0772-C (800 MHz Building HVAC) $38,500.00 $38,500.00 $11,600.00

Additional funding is required to complete the 800 MHz Building and is available from project savings as follows: Transfer from: 345-110-E076-8005-E0786-C (Extension Services HVAC) Transfer to: 345-110-E076-8005-E0772-C (800 Mhz Building HVAC) $7,900.00 $7,900.00

RECOMMENDATION
The Board of Commissioners approve two contracts with Kenco-Lusk, LLC, for installation of Heating, Ventilating, and Air Conditioning equipment for 2011 SPLOST projects for the Public Safety Training Facility, located at 2109 Valor Drive, and Greenridge Mental Health, located at 2051 Greenridge Street, in the amount of $77,000.00; and for the 800 MHz Building, located at 148 North Marietta Parkway, in the amount of $19,500.00; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

Page 192 of 266

COBB COUNTY COMMUNITY DEVELOPMENT AGENCY REGULAR AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

Administration 1 To adopt a resolution creating the South Cobb Enterprise Zone Area in accordance with O.C.G.A. §36-88-1 and Chapter 2 of the Official Code of Cobb County To adopt a resolution creating the Canton Road Enterprise Zone Area in accordance with O.C.G.A. §36-88-1 and Chapter 2 of the Official Code of Cobb County. To approve an application and associated procedures for receiving and administering incentives pursuant to O.C.G.A. §36-88-1 and Chapter 2-176 of the Official Code of Cobb County (Enterprise Zones). To approve a Second Amended and Restated Development Agreement with TV Holdings, LLC regarding Z-26 (Town Center Associates, LLC) of April 17, 2007, for property located in Land Lots 436, 501, 502, 507 and 508 of the 16th District. Planning 5 To approve the PLAN 2040 Compliance Report.

2

3

4

Page 193 of 266

Agenda Item Number. 1

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To adopt a resolution creating the South Cobb Enterprise Zone Area in accordance with O.C.G.A. §36-88-1 and Chapter 2 of the Official Code of Cobb County

BACKGROUND
Chapter 2 of the Cobb County Code will be amended to authorize the creation of Enterprise Zones in accordance with applicable provisions of the Official Code of Georgia (O.C.G.A. §3688-1). In conjunction with this amendment to Chapter 2, the Board of Commissioners has conducted public hearings to consider the creation and designation of the South Cobb Enterprise Zone Area. At the conclusion of the second public hearing on July 23, 2013, the Board of Commissioners created the South Cobb Enterprise Zone Area.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt a resolution creating the South Cobb Enterprise Zone Area in accordance with O.C.G.A. §36-88-1 and Chapter 2 of the Official Code of Cobb County and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Resolution of The Cobb County Board of Commissioners creating the South Cobb Enterprise Zone

Page 194 of 266

A RESOLUTION OF THE COBB COUNTY BOARD OF COMMISSIONERS CREATING THE SOUTH COBB ENTERPRISE ZONE
WHEREAS, the Enterprise Zone Employment Act of 1997, O.C.G.A. §36-88-1 as amended, authorizes local governments to create Enterprise Zones, in areas that meet a specific set of criteria, as established in the state law, that provide property tax abatements and other incentives to encourage job production and economic growth; WHEREAS, the Cobb County Board of Commissioners, hereafter referred as the Board, is designating an area in the southern part of Cobb County, hereafter referred as South Cobb, as an Enterprise Zone; WHEREAS, the South Cobb Enterprise Zone Justification Report, hereafter referred as the Justification Report, is attached and made a part of this resolution; WHEREAS, the Board, is reaffirming its commitment to creating economic growth and improving social well-being by approving incentives that encourages the private investment of resources in productive business and service enterprises as described in the Justification Report; WHEREAS, the Justification Report provides the specific facts necessary for the creation of the Enterprise Zone including, specific incentives to be offered to private business and service enterprises, the boundaries of the South Cobb Enterprise Zone, and the manner in which South Cobb meets the specific criteria and thresholds established in O.C.G.A. §36-88-1 as amended for the creation
of the Enterprise Zone;

WHEREAS, the Board, is confirming that the creation of the South Cobb Enterprise Zone is consistent with the Cobb County Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissioners hereby ratifies and clarifies previous actions by the Board by: • • Creating the South Cobb Enterprise Zone as depicted and described in the attached South Cobb Enterprise Zone Justification Report; Certifying that the South Cobb Enterprise Zone meets the qualifications of O.C.G.A. §36-881 as amended by satisfying four of the five criteria for establishing an enterprise zone, as described in the South Cobb Enterprise Zone Justification Report; Declaring and ordaining that upon designation of the South Cobb Enterprise Zone, the County shall provide the following incentives to qualified business and service enterprises, as described in the South Cobb Enterprise Zone Justification Report, which are not applicable throughout Cobb County: o The County has provided and shall continue to exempt qualifying businesses as outlined in the Enterprise Zone Employment Act of 1997, from state, county, and



Page 195 of 266

municipal ad valorem property taxes, excluding property taxes imposed by school districts or property taxes imposed for general obligation debt, that would otherwise be levied on the qualifying business and service enterprises in accordance with the following schedule: (1) One hundred percent of the property taxes shall be exempt for the first five years; (2) Eighty percent of the property taxes shall be exempt for the next two years; (3) Sixty percent of the property taxes shall be exempt for the next year; (4) Forty percent of the property taxes shall be exempt for the next year; and (5) Twenty percent of the property taxes shall be exempt for the last year. o In addition to the property tax exemptions listed in the previous section the County may exempt or reduce from applying to qualified business and service enterprises located in the designated enterprise zones occupation taxes, license fees, and other fees and taxes; • Authorizing the Board of Commissioners as the agency to act in all matters pertaining to the nomination and designation of the areas, as described in the South Cobb Justification Report, as an enterprise zone and reserves the power to grant the incentives listed above to qualifying businesses in accordance with the authorization powers granted local governments in the administration of the enterprise zone; Directing and designating the County Manager, or his or her designee, as the liason for communications with the Georgia Department of Community Affairs, the Georgia Department of Economic Development, the business community, and all others to oversee enterprise zone activities and administration, and communications with qualified business and service enterprises; Confirming that the Board of Commissioners has the power to administer, require, and enforce compliance with the provisions of the ordinance and such administrative rules or regulations, including but not limited to such reports and data information from such businesses with the enterprise zone to verify compliance with the ordinance and state law; Requiring that a qualifying business or service enterprise shall consent to enter into a contractual agreement that outlines the incentives offered to the business and the guidelines for the recapture, revocation, or reimbursement should the terms of the contract be violated by the target business;







NOW THEREFORE, BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption by the Cobb County Board of Commissioners and that the Board of Commissioners authorizes the County Manager, or his or her designee, to transmit this resolution

Page 196 of 266

and attached South Cobb Enterprise Zone Justification Report to the Georgia Department of Community Affairs. This the 23rd day of July 2013.

________________________________ Timothy D. Lee, CHAIRMAN

Attest:

________________________________ Candace Ellison, COUNTY CLERK

Page 197 of 266

Agenda Item Number. 2

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To adopt a resolution creating the Canton Road Enterprise Zone Area in accordance with O.C.G.A. §36-88-1 and Chapter 2 of the Official Code of Cobb County.

BACKGROUND
Chapter 2 of the Cobb County Code will be amended to authorize the creation of Enterprise Zones in accordance with applicable provisions of the Official Code of Georgia (O.C.G.A. §3688-1). In conjunction with this amendment to Chapter 2, the Board of Commissioners has conducted public hearings to consider the creation and designation of the Canton Road Enterprise Zone Area. At the conclusion of the second public hearing on July 23, 2013, the Board of Commissioners created the Canton Road Enterprise Zone Area.

FUNDING
Not applicable.

RECOMMENDATION
The Board of Commissioners adopt a resolution creating the Canton Road Enterprise Zone Area in accordance with O.C.G.A. §36-88-1 and Chapter 2 of the Official Code of Cobb County and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Resolution of the Cobb County Board of Commissioners creating the Canton Road Enterprise Zone

Page 198 of 266

A RESOLUTION OF THE COBB COUNTY BOARD OF COMMISSIONERS CREATING THE CANTON ROAD ENTERPRISE ZONE
WHEREAS, the Enterprise Zone Employment Act of 1997, O.C.G.A. §36-88-1 as amended, authorizes local governments to create Enterprise Zones, in areas that meet a specific set of criteria, as established in the state law, that provide property tax abatements and other incentives to encourage job production and economic growth; WHEREAS, the Cobb County Board of Commissioners, hereafter referred as the Board, is designating an area along Canton Road as an Enterprise Zone; WHEREAS, the Canton Road Enterprise Zone Justification Report, hereafter referred as the Justification Report, is attached and made a part of this resolution; WHEREAS, the Board, is reaffirming its commitment to creating economic growth and improving social well-being by approving incentives that encourages the private investment of resources in productive business and service enterprises as described in the Justification Report; WHEREAS, the Justification Report provides the specific facts necessary for the creation of the Enterprise Zone including, specific incentives to be offered to private business and service enterprises, the boundaries of the Canton Road Enterprise Zone, and the manner in which the Canton Road area meets the specific criteria and thresholds established in O.C.G.A. §36-88-1 as amended for
the creation of the Enterprise Zone;

WHEREAS, the Board, is confirming that the creation of the Canton Road Enterprise Zone is consistent with the Cobb County Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissioners hereby ratifies and clarifies previous actions by the Board by: • • Creating the Canton Road Enterprise Zone as depicted and described in the attached Canton Road Enterprise Zone Justification Report; Certifying that the Canton Road Enterprise Zone meets the qualifications of O.C.G.A. §3688-1 as amended by satisfying four of the five criteria for establishing an enterprise zone, as described in the Canton Road Enterprise Zone Justification Report;



Declaring and ordaining that upon designation of the Canton Road Enterprise Zone, the County shall provide the following incentives to qualified business and service enterprises, as described in the Canton Road Enterprise Zone Justification Report, which are not applicable throughout Cobb County: o The County has provided and shall continue to exempt qualifying businesses as outlined in the Enterprise Zone Employment Act of 1997, from state, county, and municipal ad valorem property taxes, excluding property taxes imposed by school

Page 199 of 266

districts or property taxes imposed for general obligation debt, that would otherwise be levied on the qualifying business and service enterprises in accordance with the following schedule: (1) One hundred percent of the property taxes shall be exempt for the first five years; (2) Eighty percent of the property taxes shall be exempt for the next two years; (3) Sixty percent of the property taxes shall be exempt for the next year; (4) Forty percent of the property taxes shall be exempt for the next year; and (5) Twenty percent of the property taxes shall be exempt for the last year. o In addition to the property tax exemptions listed in the previous section the County may exempt or reduce from applying to qualified business and service enterprises located in the designated enterprise zones occupation taxes, license fees, and other fees and taxes; • Authorizing the Board of Commissioners as the agency to act in all matters pertaining to the nomination and designation of the areas, as described in the Canton Road Justification Report, as an enterprise zone and reserves the power to grant the incentives listed above to qualifying businesses in accordance with the authorization powers granted local governments in the administration of the enterprise zone; Directing and designating the County Manager, or his or her designee, as the liason for communications with the Georgia Department of Community Affairs, the Georgia Department of Economic Development, the business community, and all others to oversee enterprise zone activities and administration, and communications with qualified business and service enterprises; Confirming that the Board of Commissioners has the power to administer, require, and enforce compliance with the provisions of the ordinance and such administrative rules or regulations, including but not limited to such reports and data information from such businesses with the enterprise zone to verify compliance with the ordinance and state law; Requiring that a qualifying business or service enterprise shall consent to enter into a contractual agreement that outlines the incentives offered to the business and the guidelines for the recapture, revocation, or reimbursement should the terms of the contract be violated by the target business;







NOW THEREFORE, BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption by the Cobb County Board of Commissioners and that the Board of Commissioners authorizes the County Manager, or his or her designee, to transmit this resolution

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and attached Canton Road Enterprise Zone Justification Report to the Georgia Department of Community Affairs. This the 23rd day of July 2013.

________________________________ Timothy D. Lee, CHAIRMAN

Attest:

________________________________ Candace Ellison, COUNTY CLERK

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Agenda Item Number. 3

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To approve an application and associated procedures for receiving and administering incentives pursuant to O.C.G.A. §36-88-1 and Chapter 2-176 of the Official Code of Cobb County (Enterprise Zones).

BACKGROUND
On July 23, 2013, Chapter 2 of the Cobb County Code was amended to authorize the creation of Enterprise Zones in accordance with applicable provisions of the Official Code of Georgia (O.C.G.A. §36-88-1). As part of that amendment process, staff recommended and was subsequently directed by the Board of Commissioners to develop an application for eligible businesses desirous of receiving the incentives associated with the Enterprise Zone designation. Staff also recommended and was subsequently directed by the Board of Commissioners to develop procedures for use by staff when evaluating the applications and subsequently administering the terms of the incentives that eligible businesses would receive upon designation.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve an application and associated procedures for receiving and administering incentives pursuant to O.C.G.A. §36-88-1 and Chapter 2-176 of the Official Code of Cobb County (Enterprise Zones).

ATTACHMENTS
EZ Application and Procedures

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Enterprise Zone Application Process Quick Guide

Step 1: Contact the Enterprise Zone staff. They will be responsible for making the initial contact with you.

Step 2: You will be provided with an application that will need to be completed and returned to your staff contact.

Step 3: Staff will review the application for completeness. The Economic Incentives Review Committee (EIRC) will meet to reach a consensus and will take a formal position on the request.

Step 4: If the EIRC recommends an incentive package, it will then go before the Board of Commissioners for final approval. You will be notified in writing concerning the decision and about the incentives being offered.

Step 5: You must respond in writing to accept the incentive package offered. If accepted, you will enter into an Enterprise Zone Commitment Agreement that will provide an overview of the project, the incentives being offered and a provision for non-compliance.

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Enterprise Zone Quick Guide

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ENTERPRISE ZONE PROCESS DESCRIPTION
Application Submittal to Cobb County
Staff Acceptance & Review Reviews and processes application for completeness, verifies information (10 business day maximum)

Distribution

County Manager Community Development Economic Development County Attorney Finance Tax Assessor DOT Water Systems

Sign Commitment Agreement The Commitment Agreement will be signed by the business and the Chairman

Annual Reporting The business will provide an annual report about jobs and investment in the Enterprise Zone Area to show concurrence with the signed agreement

Economic Incentives Review Committee Consensus is formed on the incentive offer (Complete within 7 business days of distribution of materials)

Draft Commitment Agreement An Enterprise Zone Commitment Agreement will be produced by Staff and the County Attorney that is consistent with the accepted incentives

South Cobb Redevelopment Authority
For prospects in the South Cobb Enterprise Zone, the SCRA will confirm the EIRC recommendation or recommend against denying an incentive offer (Complete within 10 business days of receipt of materials)

Incentive Acceptance The incentive offer will be made to the prospect and must be approved within 60 days of the date of the original letter.

Board of Commissioners An agenda item will be submitted to the Board of Commissioners to approve or deny a prospect’s Page 204 of 266 incentive offer

Incentive Calculation The EIRC will make a recommendation on the Incentive Offer to include: Tax Abatements Business License Fees Building Permit Fees Other Development Fees Water and Sewer Tap Fees

Cobb County Enterprise Zone Application Checklist

Project Name:

No. 1 2 3 4 5 6 7 8 9

Description Name and mailing address of applicant Street address of property Certified legal description and survey plat of property Financial supporting documentation Three years of financials Three years of projections (if start-up business) Evidence of site control Cobb County Business License or Application Statements from two or more lending institutions verifying that tax exemptions are necessary to the economic feasibility of the proposed development Status of permits (if applicable) Employment forecasts for the proposed development Number and types of on-site jobs Number, pay ranges and types of jobs on-site Rehabilitation and/or new construction estimates (if applicable) Investment figures Documentation for funding sources, including statement of any federal, state or local government funds committed to the project Construction and hiring schedule Business narrative Narrative of additional economic stimulus for Cobb County Site plan Photographs of the site, including any existing buildings Application, signed certification forms and checklist

Applicant Check-off

Staff Check-off

10 11 12 13 14 15 16

17 18 19 20 21 22

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Enterprise Zone Checklist

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Cobb County Enterprise Zone Application
I. Project Information
Project Name: Street Address: City/State/Zip: Mailing Address: City/State Zip: ________________________________________________________________
(the exact legal name under which the business is applying for designation)

________________________________________________________________
(location of the qualified business within the Enterprise Zone)

________________________________________________________________ ________________________________________________________________ ________________________________________________________________

If constructing a new facility and address is not available, provide address to the Community Development Agency as soon as it is available. The address must be provided to the Agency before the project is eligible for benefits.

Local Business Liaison
(Local Contact Person at Qualified Business Site)

Primary Business Representative
(Primary Business Representative with Signature Authority as Identified in Corporate Resolution)

Name: Title:

____________________________________ ____________________________________

____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________

Organization: _________________________________ Street Address: ________________________________ Mailing Address: _______________________________ City/State/Zip: _________________________________ Telephone: ___________________________________ E-mail: ____________________________________

TDD Number: _________________________________ Parent Company:
(if applicable)

______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________
1 Enterprise Zone Application

Street Address: Mailing Address: City/State/Zip:
July 23, 2013

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Enterprise Zone Request:  Job Creation Complete  Incomplete  Financial supporting documentation, for example, bank commitment letters. Three years of financials (must include income statements and balance sheets). If a start-up business, submit three years of projections and supporting documents. Evidence of property access, i.e., copy of warranty deed or executed lease agreement (i.e., evidence of site control). Cobb County Business License or application Statements from 2 or more lending institutions verifying that tax exemptions are necessary to the economic feasibility of the proposed project.  Construction/Rehabilitation  Both If Completed, Initial and Attach _____





_____





_____ _____





 

 

_____ _____

Business Type: Federal Tax ID Number: Business Type:
(Manufacturing, Service, etc.)

NAICS Code (4 Digits):

Primary Product: Business Characteristics: Check the Appropriate Box(es) Benefit Type: Applicant Type:  Renovate Existing Facility  New Facility  New Job  Exporter  Machinery/Equipment  Retained Job  Non-exporter  Expand Existing Facility  New & Retained Job  Importer Recruitment Type (Out-of State):  Expansion  Consolidation  Relocation  Start-up  Residential : Single Family # ______ Multi-Family # ______
July 23, 2013

 Expansion  Consolidation

Retention Type (Local):  Relocation within Georgia  Upgrade Process/Equipment  Services/ Office

 Retail

Type of Use:  Manufacturing/ Industrial

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Enterprise Zone Application

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Permits: (provide the status of all local, state and federal permits) Issuing Agency Status
 Current  Current  Current  Current  Current  Pending  Pending  Pending  Pending  Pending  N/A  N/A  N/A  N/A  N/A

 No Permits Required Date Expected
___ ___ ___ ___ ___

Note: Do not attach copies of permits.

II. Jobs
Jobs for which you are applying for Enterprise Zone designation: Jobs to be created for Enterprise Zone designation: (projected for 10-year designation period) Number of New Jobs: Total Amount of Payroll for New Jobs: $ Note: Leased, contract, temporary and construction employees do not qualify as new employees. Number of Local Residents Hired: Permanent, Full-Time Jobs: _____ Number of Low/Moderate Income Hired:

Job Title

Number of Positions

Estimate Wage Range per Job

Estimated Annual Wages

Sub-Total, Full-Time Jobs: Sub-Total, Permanent, Part-time Jobs: Sub-Total, Seasonal Jobs: Sub-Total, Temporary Jobs: Grand Total, All Jobs:

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Enterprise Zone Application

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III. Investment, Funding & Schedule
New Structure Land Value Structure Value Rehabilitation Estimate* New Construction Estimate* * Documentation may be required. Projected Land & Building Investment: (to be made in the Enterprise Zone over the entire 10-year period) Pre-Development (appraisal, survey, etc.): Acquisition (land, legal fees, etc.): Site Improvements (demolition, site utilities, etc.): Construction (buildings, landscaping, etc.): Contractor Services (overhead, etc.): Construction/Financing (loan fee, insurance, etc.): Professional Services (engineering fees, attorney, etc.): Local Government Fees (permits, water tap fee, etc.): Developer’s Fee (overhead, consultant’s fee, etc.): $ $ $ $ $ $ $ $ $ Existing Structure

Start-up and Reserves (Rent-up reserve, marketing, etc.): $ Total Development Budget: Projected Other Capital Investment: Manufacturing Machinery: Other Machinery and Equipment: Other: Total Other Capital Investment:
July 23, 2013

$

$ $ $ $
4 Enterprise Zone Application

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Sources of Funding for Project: Provide all sources of funding and supporting documents, (i.e., bank commitment letter, statement of any federal, state or local government funds committed to the project.) Source 1 Source 2 Source 3 Source 4 Source 5 Total Sources of Funding: Additional Clarification (if necessary): $ __ __ __ __ __ __

Business Projected Dates and Milestones: Construction Start Date: Construction Completion Date: Operations Start Date: Date to Begin Hiring New Employees:

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IV. Additional Information
Note: You may replicate this page on computer or substitute company documents and substitute the replicated page as part of the application. Please provide concise and informative answers. The Business. In narrative form, provide an introduction, history and description of the qualified business, its products, services, total sales, number of employees, locations (international, national and in Georgia), description of primary materials purchased, product transportation, etc.

Additional Economic Stimulus. In order to receive an Enterprise Zone designation, a qualifying business must “provide additional economic stimulus in the zone.” “The quantity and quality of such additional stimulus shall be determined on a case-by-case basis,” (2-176 (2) of the Cobb County Enterprise Zone Ordinance). In narrative form, please address the additional economic stimulus the proposed project brings to Cobb County.

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V. Staff Use Only (Do not fill out this section.)
Project Information: Proposed business is located in what census tract? What is the acreage of the site? What is the total building square footage of the development? How is the proposed site currently zoned? Does the project require a variance or zoning change? What Commission District is the site in? What is the proposed development activity?  New Construction  Rehabilitation  Adaptive Reuse  Acquisition/Rehabilitation

What is the Tax Parcel ID number? Is the site part of the Redevelopment Inventory? Is the location within a Priority Industrial Area? Who is the current owner? Type of Building Construction:  Combustible (wood) Staff generated location map complete? Photographs of proposed site attached? Site plan and/or boundary survey attached? Type of Business:  research/eng  convalescent hospital  gymnasium  service station  restaurant  retail store  mall store  auditorium  motel  theater  school  factory  hospital  other  office/business  mall concourse  department store  hazardous  Non-combustible (concrete; steel)  Yes  Yes  Yes  No  No  No  Both  Yes  Yes  No  No

 auto parking structure  private garage  homes for elderly  warehouse  repair garage  hotel

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EIRC Recommendations: Tax Abatements: Years 1-10 Year 1 (100%) Year 2 (100%) Year 3 (100%) Year 4 (100%) Year 5 (100%) Year 6 (80%) Year 7 (80%) Year 8 (60%) Year 9 (40%) Year 10 (20%) ____ ____  Occupational Tax:  License Fees:  Building Permit Fees:  Zoning/Variance Fees: $ $ $ $ __

 Other Development Fees: $  Other Local Fees: $

Based on annual assessment value: This is an estimate only. Actual figures may vary.

Enterprise Zone Approval

Chairman, Cobb County Board of Commissioners

Date

County Manager

Date

County Attorney

Date

Community Development Director

Date

Tax Assessor

Date

July 23, 2013

8

Enterprise Zone Application

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Enterprise Zone Application Information Sheet and Certification Form

Please read the following information carefully before completing the enterprise zone application.

No Applicant is Entitled to Enterprise Zone Designation
By submitting this application, the applicant acknowledges that the fact that an area of business may meet enterprise zone eligibility requirements, but shall not be entitled to an enterprise zone designation or to additional incentives. No application will be considered until it is complete. Please review the checklist provided to ensure that you have submitted all the necessary materials.

Open Records Act Information
Pursuant to O.C.G.A. § 50-18-70 (“Open Records Act”), all public records, created, received or maintained by Cobb County are open for personal inspections by citizens of the State of Georgia unless those records are subject to a legal exception to the Open Records Act. If your application materials contain information that may fall under a legal exception to the Open Records Act, such as those listed in O.C.G.A. § 50-18-72, please separate that information and submit it in a sealed envelope. Place a list of the enclosed items on the outside of the envelope and a brief justification of the legal exception pertaining to each item.

Application Term
Applications will be accepted from January 1 until October 31 of each year for enterprise zone designations commencing in the following year.

Contract and Annual Reports
The applicant acknowledges that if an enterprise zone designation is authorized, the applicant must sign a contract with Cobb County detailing the benefits and terms. The applicant also acknowledges that annual reports must be submitted to Cobb County updating the status of the jobs and any project improvements.

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1

Enterprise Zone Certification

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Failure of Non-compliance
The applicant acknowledges that failure to meet the terms of the contract and carry out the project as approved may result in the revocation of any enterprise zone designation, incentives or tax advantages granted. The applicant may also be required to pay back any taxes that were abated during the project period. Please complete the following certification, have it notarized, and submit the original with the application. The applicant is advised to retain a copy of the certification for the applicant’s records.

CERTIFICATION The undersigned affirms that he or she has the actual authority to contract on behalf of and bind the business entity on whose behalf this application is submitted. The undersigned further affirms, subject to criminal penalty, that the information provided in this application and in any supplements hereto is true and correct to the best of the undersigned’s knowledge and ability to ascertain such truthfulness. The undersigned acknowledges that by submitting this application and accepting the incentives granted, the undersigned agrees to undertake the project as described in the application. Falsification of documents or failure to carry out the project may result in the revocation of any enterprise zone designation, incentives, or tax advantages granted.

Signature

Date

Title

Notary Public Seal

July 23, 2013

2

Enterprise Zone Certification

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Cobb County Enterprise Zone Annual Job Retention Worksheet & Certification

Note: If your company is applying for or receiving Georgia Job Tax Credits, simply submit a copy of that form to the Enterprise Zone Staff by April 1 of each calendar year. Job Retention Worksheet and Certification for Tax Incentives

Date Name of business Mail address

Telephone

Email

Street address of site where employees are located

Jobs to be Retained for Benefit – Businesses must retain five (5) new jobs to continue to qualify for tax incentives. Number of retained jobs Total amount of payroll for retained jobs Note: Leased, contract, temporary and construction employees do not qualify as new employees.  Jobs to be retained for benefit Job classification Job title Number of positions Benefit year
Years 2-10

Estimated wage range per job

Estimated annual wages

Sub-total, full-time jobs: Permanent, part-time jobs: Sub-total, part-time jobs: Sub-total, seasonal jobs: Grand total, all jobs:
Note: If construction and/or rehabilitation were part of your enterprise zone designation agreement with Cobb County or if you need additional space to complete the form, please provide a status on the project on a separate page and attach it to this form.

Signature

Date

By signing this form, you are indicating that the information referenced above is true and accurate to the best of your knowledge. This form must be completed and submitted to Enterprise Zone Staff by April 1 of each calendar year. Failure to retain the minimum number of jobs will result in the revocation of the enterprise zone designation. July 23, 2013 Enterprise Zone Annual Certification

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Enterprise Zone Procedures and Review Process
With the approval of the Cobb County Board of Commissioners, Cobb County is authorized to offer enterprise zone incentives to qualified business enterprises and qualified service enterprises in accordance with the criteria set forth in the Official Code of Cobb County 2-176. The following are the specific criteria detailing how enterprise zone applications will be reviewed and approved: Section 1.0 Review Process The following process is hereby established and will be followed by Cobb County staff when evaluating requests for incentives available through the Cobb County Enterprise Zone Program: 1) The County Manager or her/his designee, herein called Enterprise Zone Staff, will be responsible for making the initial, formal contact with the prospect or their representative as it relates to all requests for enterprise zone incentives that are offered in accordance with Article V Economic Development, Section 2-176 of the current Official Code of Cobb County. 2) Other economic incentives such as cash grants (for relocation assistance or employee recruitment, etc.), employee training grants, and state incentives may also be available to the prospect from agencies outside of Cobb County Government. Some of these agencies may include, but are not limited to, the Development Authority of Cobb County, Cobb Works, and the Georgia Department of Economic Development. The prospect, or its representative, will be responsible for contacting the organizations which have the capacity to offer these incentives to determine their specific requirements. 3) Enterprise Zone Staff will provide the prospective business with an enterprise zone application that will be completed and returned to the office. The information provided in this application will be used by staff to determine eligibility for the enterprise zone incentives. Documentation submitted by the prospect will include all information included in the enterprise zone application and enterprise zone application checklist. 4) If it is determined the project is not eligible, or if additional information is needed to determine eligibility, the prospect will be advised of this determination in writing within ten (10) business days of submitting the application for consideration. 5) Upon receipt of a completed enterprise zone application, Enterprise Zone Staff will contact members of the Economic Incentives Review Committee (EIRC) to establish a meeting date to review the project application and supporting documentation. Enterprise Zone Staff will

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Enterprise Zone Procedures

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also distribute the completed application and all supporting documentation to each member of the EIRC for review and analysis. The EIRC is comprised of the following county staff positions: - Director, Office of Economic Development - Agency Director, Community Development or designee - Agency Director, Transportation or designee - County Attorney or designee - Chief Appraiser/Director, Board of Tax Assessors - Director, Department of Finance or designee - Agency Director, Water System or designee 6) The EIRC meeting as soon as feasible to consider the request/application for enterprise zone incentives, but shall not exceed seven (7) business days from the distribution of the prospect materials. The committee will be asked to reach a consensus and take a formal position on the request for these incentives for each project presented. These formal positions will be documented and available in project files along with meeting minutes. 7) The South Cobb Redevelopment Authority (SCRA) shall be provided notice of all applications for enterprise zone incentive via e-mail with the EIRC analysis for prospects within their legal boundaries. If the SCRA desires, they may review and comment on the incentive application and analysis via meeting or e-mail from the SCRA Chairman. If the EIRC recommends against an incentive for a prospect within the Authority boundaries, the SCRA may act as a review agency to confirm the EIRC position or recommend against the EIRC position. All comments and/or recommendations on the incentive application must be received by Enterprise Zone Staff within 10 business days of the SCRA receipt of the application. 8) In the event the enterprise zone application is supported by the EIRC or the South Cobb Redevelopment Authority recommends against the EIRC position for denial, Enterprise Zone Staff shall prepare an agenda item for the Board of Commissioners to consider formal adoption of the incentive offer at the next regularly scheduled meeting. 9) If the agenda item is approved by the Board of Commissioners, the prospect will be notified of the decision to offer the enterprise zone incentive in writing via a letter to be executed by the Chairman of the Cobb County Board of Commissioners or his/her designee and Enterprise Zone Staff. This letter will confirm for all parties the nature of the project proposed by the applicant, the enterprise zone incentives being offered, and the terms under which the incentives are being provided. In addition, the Chairman of the Board of Commissioners, County Manager, County Attorney, Community Development Director, and the Chief Appraiser/Director of the Board of Tax Assessors will sign the approved application package for the official file.

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Enterprise Zone Procedures

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10) The prospect or its representative will be required to provide a written response to the County’s enterprise zone incentive offer within sixty (60) calendar days of the date of the original offer letter. If the prospect does not respond within the agreed upon time frame, this incentive offer will be considered null and void. A prospect seeking to revive an incentives offer after the expiration of the offer, within a reasonable time, will be required to submit documentation validating information provided in the original application. Upon validation, the Chairman or his designee and Enterprise Zone Staff, at their discretion, may sign a second, and final, enterprise zone incentive offer letter to reinitiate the project. The prospect must respond in writing within 30 calendar days or the incentives offer will be considered null and void. 11) Each prospect will be required to enter into an Enterprise Zone Commitment Agreement (EZCA) providing a description of the project, the types of incentives offered, the terms upon which the incentives are offered, and a provision for the recapture of the value of these incentives should the prospect fail to meet the agreed-upon terms. 12) Enterprise Zone Staff shall report the status and list all incentives currently in effect under this article, no less than annually, to the Board of Commissioners. At a minimum, the county will regularly confirm that each qualifying business enterprise and service enterprise receiving incentives continues to meet the eligibility criteria as contained in the enterprise zone incentives ordinance as it relates to minimum number of jobs created throughout the entire incentive period. 13) This review process may only be modified or adjusted with the approval of the Cobb County Board of Commissioners.

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Enterprise Zone Procedures

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Agenda Item Number. 4

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To approve a Second Amended and Restated Development Agreement with TV Holdings, LLC regarding Z-26 (Town Center Associates, LLC) of April 17, 2007, for property located in Land Lots 436, 501, 502, 507 and 508 of the 16th District.

BACKGROUND
The Board of Commissioners approved this rezoning application on March 18, 2008, subject to the developer entering into a Development Agreement for the dedication of system improvements and other obligations approved as part of the rezoning. The required Development Agreement was approved by the Board of Commissioners on August 12, 2008 and included a conveyance of land from the developer to Cobb County and from Cobb County to the developer. On July 12, 2011, the Board of Commissioners approved an Amended and Restated Development Agreement for this property. The Amended and Restated Development Agreement was necessitated by circumstances resulting from the recession that began in 2008. Those circumstances were largely related to the developer being able to purchase all of the subject properties included in the rezoning request at one time. Since the approval of the Amended and Restated Development Agreement on July 12, 2011, the developer has acquired all but 2 of the properties included in the original rezoning request. Given these circumstances, a Second Amended and Restated Development Agreement is appropriate and will enable the developer to proceed with complete development of the property in accordance with the original rezoning request. The Second Amended and Restated Development Agreement includes a property exchange between the Developer and the County. The developer is proposing to exchange 6.15 acres of its property for 2.21 acres of County property.
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Agenda Item Number. 4

The attached Second Amended and Restated Development Agreement includes an Exhibit A that shows the areas being exchanged. The property the developer is requesting to receive is shown with a grid pattern, and the property the County would receive is shown shaded. This exchange will allow the property to be developed in a more efficient manner, and would give the County property along the Noonday Creek Trail.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve a Second Amended and Restated Development Agreement with TV Holdings, LLC regarding Z-26 (Town Center Associates, LLC) of April 17, 2007, for property located in Land Lots 436, 501, 502, 507 and 508 of the 16th District, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Second Amended and Restated Development Agreement

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (“Agreement”) entered into this ___ date of 2013, by and between COBB COUNTY, a political subdivision of the State of Georgia (“Cobb County”) and TV Holdings, LLC (“Developer”) (The terms “Cobb County” and “Developer” to include the successors or assigns of the respective parties hereto). WHEREAS, the General Assembly of Georgia has enacted the Georgia Development Impact Fee Act on April 4, 1990; and WHEREAS, the Georgia Development Impact Fee Act provides that after November 30, 1992, system development exactions shall be imposed by municipalities and counties only by way of development impact fees imposed pursuant to that Act; and WHEREAS, the Board of Commissioners of Cobb County has not enacted Impact Fees regarding certain public facilities and, further, its water supply production, treatment and distribution facilities and waste-water collection, treatment, and disposal facilities are not subject to the terms of the Act pursuant to O.C.G.A. §36-71-13 or, alternatively, subject to a pre-existing Impact Fee Ordinance; and WHEREAS, Cobb County does not guarantee that system infrastructure as defined by O.C.G.A. §36-714, et seq., is in place sufficient to accommodate the proposed project; and WHEREAS, the Developer desires to avoid the uncertainty of the possibility that impact fees may be adopted in the future which may alter the economic viability of the project and to clarify and ensure credits should such fees be adopted; and

WHEREAS, on or about September 8, 2008 Cobb County and the Developer voluntarily 1 Page 222 of 266

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

agreed to and entered into a Development Agreement pursuant to O.C.G.A. §36-71-13 for the dedication of the system improvements and other obligations associated with Zoning Case No. 26 (2007) for the development of the Hidden Forest (n.k.a. Town Village) subdivision located in Cobb County, Georgia; WHEREAS, circumstances have changed whereby Developer intends to construct its development in phases rather than as one project; and WHEREAS, because of such change in the manner and method of development certain changes to the original Agreement were necessary; and WHEREAS, the Developer and Cobb County entered into that certain Amended and Restated Development Agreement on or about July 18, 2011; and WEREAS, further changes are now necessary in order to effectuate the intent of the parties; and, WHEREAS, Cobb County and the Developer voluntarily agree to enter into this Second Amended and Restated Development Agreement pursuant to O.C.G.A. §36-71-13, which is intended to supersede the Original Agreement, and the Amended and Restated Development Agreement, for the dedication of the system improvements and other obligations as detailed below. NOW THEREFORE, for and in consideration of Ten and 00/100 ($10.00) Dollars, the premises and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:

I.

Donation of Right of Way-Big Shanty Road.

Developer agrees to donate and dedicate, at no cost to Cobb County, the additional right-of-way and all necessary easements, located outside the existing right-of-way of Big Shanty Road, 2 Page 223 of 266

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

pursuant to the final plans prepared by Croy Engineering, DOT Plans, Project Number TCID-03 and D4040. In lieu thereof, Developer agrees to reimburse Cobb County for all costs and expenses related to the purchase of such additional right-of-way and easements located outside the existing right-of-way of Big Shanty Road, and Developer agrees to reimburse Cobb County for all costs and expenses it expended related to the portion of the construction of the Big Shanty Road SPLOST project that Developer was required to construct pursuant to the 2007 Z-26 zoning stipulations, namely a westbound left turn lane along Big Shanty Road. Cobb County and Developer agree that such costs and expenses total One Hundred Sixty-Five Thousand Nine Hundred Eighty-Five Dollars and no/00 ($165,985.00). Developer agreed to make and deliver such payment to Cobb County simultaneously with receiving its land disturbance permit for what is now referred to as Town Village. The parties agree and acknowledge that Developer has made such payment to Cobb County, and that the provisions of this Section I have been satisfied. II. Exchange of Property and Transactions between Cobb County and Developer A. Originally, Developer agreed to convey to Cobb County that certain real

property consisting of approximately 6.15 acres as identified and shown on the attached "Swap Parcel Exhibit" (hereinafter the "Developer Parcel"), attached hereto and by reference

incorporated herein as Exhibit “A”, subject to a reservation of an easement for the purposes of constructing a multi-use trail; installation and construction of utilities including stormwater and water quality improvements per approved plan; passive recreation uses; construction of the proposed Town Center Connector right of way and bridge (as further described herein); and stream bank restoration. This conveyance was to be made pursuant to an exchange of property in accordance with O.C.G.A. § 36-9-3(a)(2)(D), with Cobb County exchanging real property consisting of approximately 2.21 acres as identified and shown on Exhibit “A” (hereinafter the “County Parcel”). Developer was unable to purchase Developer Parcel within the anticipated 3 Page 224 of 266

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time frame; therefore, Cobb County purchased a significant portion of the Developer Parcel, consisting of 3.34 acres (“Trail Property”) as identified on Exhibit “A”, for $153,002.00, in order to avoid losing grant funding for its Noonday Creek Multi-Use Trail project. B. Since Developer has purchased the remainder of the Developer property, the

parties shall complete the exchange of properties and transactions set forth below: (i) Cobb County shall convey the County Parcel to Developer

pursuant to O.C.G.A. § 36-9-3(a)(2)(D); (ii) Developer shall convey to Cobb County pursuant to O.C.G.A. §

36-9-3(a)(2)(D), the balance of the Developer Parcel not previously acquired by Cobb County for the Noonday Creek Multi-Use Trail project, consisting of approximately 2.81 acres, as identified on Exhibit “A”; (iii) Developer shall reimburse or pay to Cobb County $153,002.00 the

amount expended by the County to purchase the Trail Property. Developer agrees it shall tender payment of the consideration for the Trail Property to the County within 60 days of the approval of this Agreement by the Cobb County Board of Commissioners. At all times, Developer shall allow and authorize the County, its agents, employees, or contractors, reasonable and necessary access, through and across the County Parcel, for the purposes of construction, maintenance, use and replacement of the Noonday Creek Multi-Use Trail. C. Both parties agree that after the exchange is completed that Developer may

access the county parcel to install required infrastructure and passive park per approved plans. D. Cobb County agrees that the Developer Parcel and the County Parcel may be utilized by the Developer for purposes of satisfying acreage requirements under the Planned Village Center Zoning District.

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III. Grace Avenue Extension. Developer agrees to reconstruct and extend the existing right of way of Grace Avenue into the subject development, as well as, extend such reconstructed right of way into the adjacent property subject to Cobb County being granted the necessary right of way from the adjacent owner(s) to enable the Grace Avenue Extension to connect to Busbee Parkway; all as more particularly shown and identified on that certain approved zoning site plan dated September 4, 2007, last revised February 5, 2008, prepared by Planners and Engineers Collaborative, and as approved by the Cobb County Board of Commissioners in Zoning Case Z26 (2007); a true and correct copy of which is attached hereto and incorporated herein by reference as Exhibit “B” (hereinafter the "Approved Zoning Plat"). Developer shall be

responsible for the construction of the within-described extension of Grace Avenue; and, subsequent to construction, shall donate the portion of such right of way lying within the boundaries of property owned by Developer, to Cobb County. IV. Town Center Connector. A. Developer agrees to construct a new public right of way (herein referred to as

the "Town Center Connector") from the most southerly roundabout to the southerly boundary of the subject property (being Noonday Creek) as shown on the Approved Zoning Plat. Subject to Cobb County being granted the necessary additional right of way on adjacent property, Developer agrees to extend and construct the Town Center Connector so as to connect to Town Center Drive; including construction of a bridge to traverse Noonday Creek (this described portion of the Town Center Connector shall hereinafter be referred to as the "Southern Connector"). B. Subsequent to construction of the Southern Connector, Developer shall donate

to Cobb County such portion of the Southern Connector lying within the boundaries of property 5 Page 226 of 266

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owned by Developer. C. Developer also agrees to construct the Town Center Connector from the most

southerly roundabout to Big Shanty Road as shown on the Approved Zoning Plat (this described portion of the Town Center Connector shall hereinafter be referred to as the "Northern Connector"). The Northern Connector shall be a private right of way to be maintained by Developer or any successor community association created by Developer. V. Abandonment of Existing Hidden Forest Rights of Way and Utilities. Cobb County hereby authorizes the initiation of the abandonment procedure, pursuant to applicable Cobb County and State laws, for the abandonment of all existing public rights of way and Cobb County owned utility easements lying within the Hidden Forest Subdivision at such time as Developer acquires fee simple title to those properties encompassed as, and consisting of, the Hidden Forest Subdivision. Such abandonment and subsequent conveyance to Developer shall be at no cost to Developer in consideration for the donation to Cobb County of the rights of way (or reimbursement in lieu thereof with regards to Big Shanty Road) described herein (Big Shanty Road, Grace Avenue Extension, and Town Center Connector-the Southern Connector). VI. Noonday Creek Multi-Purpose Trail. Developer agrees to coordinate its construction of the Noonday Creed MutliPurpose Trail through the affected portions of the subject property with the Town Center Community Improvement District (“CID”) and the Cobb County Department of Transportation. VII. Stormwater Detention Requirements. Developer shall either comply with the fee in lieu of providing detention program or, if unable to do so, shall provide for the requisite onsite stormwater detention for each phase of construction of this project in accordance with Cobb County ordinances and regulations as 6 Page 227 of 266

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administered by the Cobb County Stormwater Management Division. VIII. Permitting. By approval of this Agreement, Cobb County authorizes and agrees that Developer shall be allowed to apply for a Land Disturbance Permit ("LDP"), receive all appropriate review by Cobb County for the issuance of a LDP, and be issued a LDP based upon the promises, covenants, and agreements of the parties contained herein. IX. Timing of Right of Way Donations. Developer agrees to donate and dedicate the right-of-way contemplated herein as described in Section III and Section IV at the time of approval of final plat or prior to issuance of Certificates of Occupancy for residential units that access the respective rights of way. IX. Miscellaneous Provisions. A. Should Cobb County subsequently adopt a Development Impact Fee Ordinance

which is applicable to the system improvements and/or escrowed funds granted by the subject property developer, then Cobb County agrees to grant a credit against such future development impact fee. Any credit sought shall be submitted by the Developer, and shall be in the form of an appraisal prepared by a duly licensed appraiser representing the fair market value of the improvements as of the date of dedication. This value shall become binding unless an intention to challenge shall be forwarded in writing by the Cobb County Department of Transportation, its successor, or other applicable County Department to the submitting party within sixty (60) days of the receipt of the appraisal. Thereafter, the County shall cause to be performed within ninety (90) days an appraisal of the subject property prepared by a duly licensed appraiser eligible for a system improvement credit. Should the parties be unable to thereafter mutually agree to the value of such credit then the parties upon a written request of either party shall submit the matter to binding arbitration conducted under the rules of the American Arbitration Association. Any 7 Page 228 of 266

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credit allowed hereunder which is in excess of any impact fee shall be eligible for transfer to other development as defined in the Development Impact Fee Ordinance, as adopted. B. By this agreement, the parties hereto acknowledge, understand and agree that

Developer shall remain responsible for completing at his, her, its or their expense all project improvements pursuant to O.C.G.A. §36-7I-1 et seq., and that such are not affected by this Agreement. C. This agreement represents the entire understanding of the parties and any changes,

additions or deletions shall be made in writing upon the mutual agreement of the parties. D. Developer agrees it shall construct improvements within all new rights of way

referenced herein pursuant to Cobb County standards and ordinances, except to the extent such approved site specific variances are applicable, including, but not limited to on-street parking. E. The parties agree that this Agreement is in addition to, and not in lieu of, those

conditions of zoning as approved by the Cobb County Board of Commissioners in Zoning Case number Z-26 (2007), including, but not limited to, coordinating the implementation of recommended improvements from the Georgia Regional Transportation Authority (GRTA).

F.

All references to the construction of new public rights of way shall mean the

construction of said rights of way and roadways shall be in accordance with Cobb County public roadway standards. [SIGNATURES ON THE FOLLOWING PAGE]

8 Page 229 of 266

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So agreed this __________ day of ______________________, 2013. COBB COUNTY, GEORGIA Sworn to and subscribed Before me this _____ day of _______________, 2013

______________________________ Timothy D. Lee, Chairman Cobb County Board of Commissioners Attest:________________________ County Clerk_____________________________ Witness _____________________________ Notary Public [NOTARY SEAL]

Approved to Form:

____________________ County Attorneys Office

Sworn to and subscribed Before me this _____ day of _______________, 2013. _____________________________ Witness _____________________________ Notary Public

DEVELOPER Hidden Forest Redevelopment, LLC By:________________________ Date:_______________________ Title:_______________________ [SEAL]

9 Page 230 of 266

Page 231 of 266

Page 232 of 266

Agenda Item Number. 5

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
To approve the PLAN 2040 Compliance Report.

BACKGROUND
PLAN 2040 is the Atlanta Regional Commission’s (ARC) comprehensive blueprint to sustain metro Atlanta’s livability and prosperity through mid-century, as the region is expected to add some three million residents. The plan document includes multiple elements, including a “Regional Agenda”, required by the Georgia Department of Community Affairs (DCA) due to ARC’s role as a Regional Development Center, as well as a “Regional Transportation Plan”, required by the United States Department of Transportation (USDOT) in conjuction with ARC’s role as a Metropolitan Planning Organization. While the plan develops a framework for the built environment and infrastructure to support a thriving region, its primary focus is on the people who will live here during the planning period and beyond. Two important components of PLAN 2040 are the “ARC Implementation Program” and the “Local Government Implementation Program”. Both of these documents allow ARC to meet requirements established by DCA as it relates to developing regional plans. The ARC Implementation Program is a document that established the programs and actions ARC will undertake to implement PLAN 2040. The Local Government Implementation Program establishes Minimum and Excellence Standards for local government implementation of PLAN 2040. ARC’s approach to local government implementation of PLAN 2040 is not to take a “one-size-fits-all” approach, but instead to allow communities throughout metropolitan Atlanta to tailor their efforts to meet the needs of its citizenry while simultaneously supporting regional objectives. Per the DCA rules for regional planning minimum and excellence standards are as followed:
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Agenda Item Number. 5

Minimum Standards – Items included in the Minimum Standard must be chosen as essential activities for local governments to undertake consistency with the regional plan. All local governments are expected to attain the Minimum Standard within three years of adoption of the regional plan, or risk losing Qualified Local Government (QLG) status. Excellence Standards – Items included in the Excellence Standard should be selected as desirable activities for local governments to undertake for consistency with the regional plan. The intent is to lay out a menu of recommended best practices for local governments to select for implementation. Any local government that attains this threshold will be eligible for Regional Leaders in Sustainability designation. PLAN 2040 was approved by the ARC Board on July 27, 2011. This approval made “official” all elements of the Regional Agenda and Regional Transportation Plan as described above. Based upon DCA rules, Cobb County and all other cities and counties who are in the Regional Development Center boundaries of the ARC had three years from adoption to show compliance with the PLAN 2040. Thus, by January 31, 2014, Cobb County is required to convey materials to ARC indicating how we are compliant with the PLAN 2040 Local Government Implementation Program. On March 26, 2013 staff presented the PLAN 2040 options to the Board of Commissioners at a Work Session. The purpose of that presentation was for the Board to provide staff with direction on how to move forward with compliance documentation. Specifically, staff was directed to prepare the necessary materials to indicate compliance with the Minimum Standard and develop a cost/benefit analysis to evaluate opportunities to comply with the Excellence Certification. Provided in this agenda item are only the items needed to obtain compliance with the Minimum Standards. The cost/benefit analysis for Excellence Certification will need to be completed and presented at a future date.

IMPACT STATEMENT
N/A

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve the PLAN 2040 Compliance Report and authorize staff to convey appropriate materials to the Atlanta Regional Commission. ATTACHMENT: PLAN 2040 Compliance Report provided under separate cover.

Page 234 of 266

COBB COUNTY COUNTY MANAGER REGULAR AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

County Manager 1 To authorize the sale of certain real property located at 2201 Greenridge Drive and the remainder of property at 2199 Greenridge Drive not required for County purposes, to Ms. Bettye Little, through the brokerage firm of McWhirter Realty Partners.

Page 235 of 266

Agenda Item Number. 1

Cobb County County Manager 's Office
David Hankerson, County Manager 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-2600 / fax: (770) 528-2606

Comm. Dist. 4

TO: FROM:

Board of Commissioners David Hankerson, County Manager & Property Advisory Commission Chair Faye DiMassimo, Director This item has been electronically signed by:
Faye DiMassimo, Director David Hankerson, County Manager

DATE:

July 23, 2013

PURPOSE
To authorize the sale of certain real property located at 2201 Greenridge Drive and the remainder of property at 2199 Greenridge Drive not required for County purposes, to Ms. Bettye Little, through the brokerage firm of McWhirter Realty Partners.

BACKGROUND
On March 13, 2012, the Board of Commissioners authorized the Property Advisory Commission to negotiate the scope, fees and contract terms and conditions for commercial brokerage services related to the lease and sale of various county owned properties no longer required for county purposes. On March 27, 2012, the Board approved a contract for such commercial brokerage services with McWhirter Realty Partners. On April 11, 2012, a Brokerage Agreement was entered into with McWhirter Realty Corp., d.b.a. McWhirter Realty Partners, upon terms and conditions recommended by the Property Advisory Commission, as negotiated with the assistance of the County Attorney's Office and approved by the Board. A number of properties have been identified by the Property Advisory Commission as no longer required for County purposes, including the property located at 2201 Greenridge Drive. A Contract for the Purchase and Sale of Residential Property (“Offer”) to purchase this property, dated June 6, 2013, was submitted by Bettye Little through McWhirter Realty Partners. The Property Advisory Commission recommends that this property be sold to Ms. Little pursuant to the terms of the Offer to purchase. Adjacent to 2201 Greenridge Drive is a remnant parcel of Page 236 of 266

Agenda Item Number. 1

property, formerly known as 2199 Greenridge Drive, that remained after the completion of the Windy Hill Road/Macland Road Connector project. The Property Advisory Commission also recommends that the remainder of 2199 Greenridge Drive no longer required for County purposes be included in the sale pursuant to the Offer, as amended, to (a) mitigate the land lost from 2201 Greenridge Drive in the Windy Hill Road/Macland Road Connector project and (b) to return the remnant parcel to a useful purpose and the tax rolls. The sale of these properties no longer required for County use would bring additional revenue to the County. All net proceeds after expenses (i.e. appraisals, broker fees, sale, and closing costs) will go into a SPLOST surplus property account to be used for one time expenditures as brought forward by the County Manager for Board of Commissioner appropriations.

FUNDING
Appropriate the receipt of additional funding to the 2005 SPLOST Transportation Improvements Program Fund budget from the sale of surplus property as follows: Increase Revenue Appropriation: Increase Expenditure Appropriation: 340-050-7504-D424-4944-D4240-R $100,000.00 340-050-7504-D424-8741-D4240-R $100,000.00

RECOMMENDATION
The Board of Commissioners approve the sale to Ms. Bettye Little, in a net amount not to exceed $100,000.00, of certain property located at 2201 Greenridge Drive and the remainder of the property at 2199 Greenridge Drive, Marietta, Georgia no longer required for County purposes, through the brokerage firm of McWhirter Realty Partners, pursuant to the terms of the attached Contract for the Purchase and Sale of Residential Property; authorize the corresponding budget transactions; and further authorize the Chairman to execute that contract and all other necessary documents.

ATTACHMENTS
Greenridge Drive Map Contract provided under separate cover

Page 237 of 266

0.0

0

0.01

0.0 Miles

WGS_1984_Web_Mercator_Auxiliary_Sphere © Cobb County Georgia

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.

1: 544

Prepared by: Dan Buyers, McWhirter Realty Partners - 770.596.2629

Page 238 of 266

THIS MAP IS NOT TO BE USED FOR NAVIGATION

Purchase and Sale of Residential Property Provided Under Separate Cover

Page 239 of 266

COBB COUNTY HUMAN RESOURCES REGULAR AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

Human Resources 1 To approve three-year contracts for the Health, Dental and Prescription Drug benefits for Cobb County Government employees.

Page 240 of 266

Agenda Item Number. 1

Cobb County Human Resources
Tony Hagler, Director 100 Cherokee Street, Second Floor Marietta, Georgia 30090-9679 (770) 528-2564 / fax: (770) 528-2550

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To approve three-year contracts for the Health, Dental and Prescription Drug benefits for Cobb County Government employees.

BACKGROUND
In May a request for proposal (RFP) was issued to secure providers for Cobb County’s Health, Dental and Prescription Drugs benefits. Eleven (11) firms were responsive to the RFP requirements. The selection committee composed of Jim Pehrson, Finance Director; Don Bartlett, Detention Facility Director; Joe Tommie, Purchasing Director; Latona Thomas, Internal Audit; Judy Skeel, Executive Assistant to the County Manager; Michelle Page, Human Resources Manager and myself with Deborah Dance, County Attorney and Chris Clark, The McCart Group serving as technical advisors reviewed the finalists in each category. Interviews were held with representatives from each company representing the finalists. The Committee recommends the following companies based on a review of administrative service fees, expected claims costs, provider networks, the ability to administer our benefits programs, and value added services to be provided by each vendor. Medical Benefits – BlueCross BlueShield of Georgia (PPO, Open Access POS w/ HRA, and HMO) Kaiser-Permanente (insured HMO option) Dental Benefits – United Concordia (Passive PPO) Pharmacy Benefit Manager – Cigna This selection of vendors anticipates long term partnerships for the continuing process of Page 241 of 266

Agenda Item Number. 1

managing benefit costs. While health care costs will continue to rise for our employee and retiree population, the above selections will help control these costs. BlueCross BlueShield’s POS and HMO provide some of the strongest network discounts offered in our area and has agreed to partner with the County to further our Wellness initiatives. BCBSGA is offering $175,000 in annual wellness subsidies and $75,000 in annual benefits communications subsidies, with a reduction in fees of close to $100,000 per year. We recommend a renewal with Kaiser HMO, for active employees and non-Medicare eligible retirees. There will be a 6.0% renewal for the 2014 plan year, but Kaiser will remain the lowest cost option for the County. The switch to Cigna for Pharmacy Benefits is based on the Committee’s determination that they are well qualified to meet the County’s needs, but also an extremely aggressive pricing offer and very little disruption for employees (i.e. virtually no change in drug formulary or pharmacies covered). United Concordia focuses exclusively on Dental, and offered close to the broadest dental network in the County, combined with very competitive discounts. We judged their overall expected program cost to be lowest of all bidders, plus an expected increase in ‘In-Network’ claims will benefit employees. The term of the contracts are three years (January 1, 2014 through December 31, 2016) and includes an option for two annual renewals at rates to be quoted.

FUNDING
Annual funding for these services is included in the FY14 proposed budget.

RECOMMENDATION
The Board of Commissioners approve agreements with the following providers for the Cobb County employee’s health, dental and prescription drug administration and authorize the Chairman of the Board of Commissioners to execute the necessary contract agreements for January 1, 2014 through December 31, 2016. The rates for the above coverage’s are guaranteed for three years and are: 2014 BlueCross BlueShield of Georgia Medical ASO Fee** PPO $31.90 $39.12 $31.90 $393.91 $1,102.96 $31.90 $39.12 $31.90 TBD**** TBD**** $31.90 $39.12 $31.90 TBD**** TBD**** 2015* 2016*

HRA w/ Open AccessPOS HMO Kaiser Permanente (Insured Contract Single Family

United Concordia Dental ASO Fee** Per Employee Per Month $2.80 $2.80 Page 242 of 266 $2.80

Agenda Item Number. 1

CIGNA RX *** Per script $0.00 $0.00 $0.00

** Fees shown include quoted fixed costs on a per employee per month basis. ***Administration Fee per prescription filled. ****2nd and 3rd year insured plan rates not guaranteed.

Page 243 of 266

COBB COUNTY FINANCE REGULAR AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

Finance 1 To adopt a resolution establishing the 2013 Cobb County Tax Levy for countywide school construction bond purposes and for maintenance and operation of schools as required by law. To adopt the resolution to set the 2013 millage rate for the General Fund, Bond Fund, and Fire Fund.

2

Page 244 of 266

Agenda Item Number. 1

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager James Pehrson, CPA, Director/Comptroller This item has been electronically signed by:
James Pehrson, CPA, Director/Comptroller

DATE:

July 23, 2013

PURPOSE
To adopt a resolution establishing the 2013 Cobb County Tax Levy for countywide school construction bond purposes and for maintenance and operation of schools as required by law.

BACKGROUND
The Board of Commissioners is annually required to adopt the tax levy for countywide school construction bond purposes and for maintenance and operation of schools as recommended by the Cobb County Board of Education. A comparison of the 2012 countywide millage rates and the 2013 proposed rate follows 2012 18.90 0.00 Total 18.90 2013 18.90 0.00 18.90 Change 0.00 0.00 0.00

Maintenance & Operation Bond Construction Bond (Excluding City of Marietta)

FUNDING
N/A

Page 245 of 266

Agenda Item Number. 1

RECOMMENDATION
The Board of Commissioners adopt the Board of Education's resolution establishing the 2013 countywide school tax for maintenance and operation of schools, 18.90 mills: countywide school tax for construction bonds, 0.00 mills; Marietta property annexed 1995 through 2004, 0.00 mills as required by law, and authorize the Chairman to execute the millage resolution from the Cobb County Board of Education. ATTACHMENT Board of Education resolution to be provided under separate cover

Page 246 of 266

Agenda Item Number. 2

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

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager James Pehrson, CPA, Director/Comptroller This item has been electronically signed by:
James Pehrson, CPA, Director/Comptroller

DATE:

July 23, 2013

PURPOSE
To adopt the resolution to set the 2013 millage rate for the General Fund, Bond Fund, and Fire Fund.

BACKGROUND
The Tax Assessor and Tax Commissioner have reported the final 2013 tax digest. The tax digest has been reviewed and the next taxable digest for Cobb County General Fund, Fire Fund, and Bond Fund has been calculated. The Board of Commissioners will set the General Fund millage at 7.520, the Fire Fund millage at 3.060, and the County Bond (Debt Service) at .330. O.C.G.A 45-32-5(c)(1) states that "whenever a recommending authority or levying authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it shall adopt that millage rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures specified under Code Section 48-5-32." The rollback rate is defined as the millage equivalent that would be required to provide the tax revenues in the current year equivalent to the tax revenues in the preceding prior year. Because all three funds proposed millage rates are below their respective rollback rates public hearings are not required by Georgia Code as there is no proposed tax increase. The chart below shows the rollback rate for each fund as compared to the proposed millage rate. Rollback Rate General Fund Fire District Fund Debt Service Fund 7.991 3.155 0.340 Proposed 2013 Millage Rate 7.520 3.060 0.330 Inc/ % (Dec) Difference -0.471 -5.89% -0.095 -3.01% -0.010 -2.94%
Page 247 of 266

Agenda Item Number. 2

The 2013 millage intent was advertised in the Marietta Daily Journal on July 8, 2013 as required by Georgia Law. Also as required, this advertisement included the General Fund's current 2013 Tax Digest and five year history (2008-2012) of the digest. 2013 Debt Service General Fund Fire Fund Total 0.330 mills 7.520 mills 3.060 mills 10.910 mills 2012 0.330 mills 7.720 mills 3.060 mills 11.110 mills Difference 0.000 mills -0.200 mills 0.000 mills -0.200 mills

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt a resolution that sets the 2013 millage rates for the Cobb County General Fund, Bond Fund, and Fire Fund; and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
RESOLUTION

Page 248 of 266

Resolution

2013 TAX LEVY COBB COUNTY, GEORGIA

BE IT RESOLVED that the Tax Levy (exclusive of a countywide school tax for school construction bond purposes and for maintenance and operation of schools) for Cobb County as required by law, shall be:

Item 1. A tax of 0.15 mills on the One Dollar ($1.00) is levied on all property in Cobb County to pay the principal and interest on any debt of the State of Georgia.

Item 2. A tax of 0.33 mills on the One Dollar ($1.00) is levied on all property in Cobb County to provide funds for the payment of principal and interest on the bonded indebtedness of Cobb County due and to become due, including all bond issues heretofore voted by the electorate of Cobb County.

Item 3. A tax of 7.52 mills on the One Dollar ($1.00) is levied on all property in Incorporated Cobb County: namely the cities of Acworth, Austell, Kennesaw, Marietta, Powder Springs, and Smyrna; for general county purposes to provide funds for all purposes designated in the Constitution of the State of Georgia of 1983 and particularly Article 9, Section 4, paragraphs I-III thereof and O.C.G.A. Subsection 485-220, items (1) and (4) – (21) inclusive. The composite form of this levy for general purposes is made under and by virtue of an Act approved February 8, 1955 (1955 Georgia Law, page 166).

Item 4. A tax of 7.52 mills on the One Dollar ($1.00) is levied on all property in Unincorporated Cobb County for general county purposes to provide funds for all purposes designated in the Constitution of the State of Georgia of 1983 and particularly Article 9, Section 4, paragraphs I-III thereof and O.C.G.A. Subsection 48-5-220, items (1) and (4) – (21) inclusive. The composite form of this levy for general purposes is made under and by virtue of an Act approved February 8, 1955 (1955 Georgia Law, page 166) and by virtue of O.C.G.A. Subsection 33-8-8.3.

Item 5. A tax of 3.06 mills on the One Dollar ($1.00) is levied on all property within the limits of the Cobb County Fire Protection District as extended and provided by law, as authorized by Constitutional Amendments as set forth in Georgia Law 1937-38 Extra Session, page 20, and 1952 Georgia Laws, page 516, and continued in effect at Georgia Law 1986, page 4501, together with such other acts and laws as may be applicable. 

Exclusive of a countywide school tax for school construction bond purposes and for maintenance and operation of schools.

_____________________________________

Candace Ellison County Clerk Cobb County Board of Commissioners

Page 249 of 266

PUBLIC COMMENT (CONCLUSION OF MEETING) JULY 23, 2013 Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.

Page 250 of 266

APPOINTMENTS AGENDA COVER REGULAR MEETING OF JULY 23, 2013
ITEM NO.

1

To submit to the Kennestone Hospital Authority the names of David Fisher, Mitzi Moore and Chris Poston for consideration for appointment to the Kennestone Hospital Authority to fill the unexpired term of Bill Enete. To appoint Roy Vanderslice to the Hospital Authority of Cobb County to fill the unexpired term of Pete Wood. To appoint Ford Thigpen to the Hospital Authority of Cobb County to fill the unexpired term of Judge Kenneth Nix.

2

3

Page 251 of 266

Agenda Item Number. 1

Cobb County Board of Commissioners
Tim Lee, Chairman 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606

Comm. Dist.

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To submit to the Kennestone Hospital Authority the names of David Fisher, Mitzi Moore and Chris Poston for consideration for appointment to the Kennestone Hospital Authority to fill the unexpired term of Bill Enete.

BACKGROUND
A vacancy on the Cobb County Kennestone Hospital Authority was created upon the resignation Bill Enete on January 1, 2013. Mr. Enete's term will expire May 23, 2015. Based upon the selection procedure for the Kennestone Hospital Authority, the Board of Commissioners is to submit three names to the Kennestone Hospital Authority for consideration and selection of a successor to fill Mr. Enete's unexpired term. David Fisher, Chief Investment Officer SignatureFD, Mitzi Smith Moore, President of Sundial Plumbing Services, Chris Poston, Senior Vice President for Traton Homes, are qualified and eligible candidates for selection to the Kennestone Hospital Authority.

FUNDING
N/A

RECOMMENDATION
The Cobb County Board of Commissioners submit to the Kennestone Hospital Authority the names of David Fisher, Mitzi Moore and Chris Poston for consideration for appointment to the Kennestone Hospital Authority to fill the unexpired term of Bill Enete.

Page 252 of 266

Agenda Item Number. 2

Cobb County Board of Commissioners
Tim Lee, Chairman 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To appoint Roy Vanderslice to the Hospital Authority of Cobb County to fill the unexpired term of Pete Wood.

BACKGROUND
A vacancy on the Hospital Authority of Cobb County was created upon the resignation of Pete Wood. Mr. Wood’s term will expire August 7, 2016. Based upon the selection procedure for the Hospital Authority of Cobb County, the names of Roy Vanderslice, Vice President for United Community Bank , Russell Fitzgerald, Administrator at Philips Tower, and Nan Mays, retired Vice President of Human Resources for Caraustar, were submitted to the Board of Commissioners for consideration. The Board of Commissioners must select one of the three persons submitted from the Hospital Authority to fill Pete Wood’s unexpired term.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners appoint Roy Vandersliceto the Hospital Authority of Cobb County to fill the unexpired term of Pete Wood.

Page 253 of 266

Agenda Item Number. 3

Cobb County Board of Commissioners
Tim Lee, Chairman 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3305 / fax: (770) 528-2606

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
To appoint Ford Thigpen to the Hospital Authority of Cobb County to fill the unexpired term of Judge Kenneth Nix.

BACKGROUND
A vacancy on the Hospital Authority of Cobb County was created upon the passing of the Honorable Kenneth Nix. Judge Nix’s term will expire August 7, 2016. Based upon the selection procedure for the Hospital Authority of Cobb County, the names of Ford Thigpen, President, Westside Bank, Russell Fitzgerald, Administrator at Philips Tower, and Roy Vanderslice, Vice President for United Community Bank were submitted to the Board of Commissioners for consideration. The Board of Commissioners must select one of the three persons submitted from the Hospital Authority to fill Judge Nix’s unexpired term.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners appoint Ford Thigpento the Hospital Authority of Cobb County to fill the unexpired term of Judge Kenneth Nix.

Page 254 of 266

COMMISSIONERS' PUBLIC ADDRESS JULY 23, 2013 (Per Section 2.01.01 of the Rules of Procedure of the Board)

Page 255 of 266

RESPONSE TO PUBLIC COMMENT (FOR INFORMATION ONLY) REGULAR MEETING OF JULY 23, 2013
ITEM NO.

1 2 3 4

Letters in response to public comments on June 25, 2013. Mr. Ron Sifen – Comments of June 25, 2013. Mr. Douglas Martin - Comments of June 25, 2013. Response to Public Comment - Amy Barnes

Page 256 of 266

Agenda Item Number. 1

Cobb County Community Development Agency
Rob Hosack, AICP, Director P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Rob Hosack, AICP, Director This item has been electronically signed by:
Rob Hosack, AICP, Director

DATE:

July 23, 2013

PURPOSE
Letters in response to public comments on June 25, 2013.

ATTACHMENTS
Letter to Wendell Wood Letter to Larry Savage Letter to Jan Barton

Page 257 of 266

Page 258 of 266

Page 259 of 266

Page 260 of 266

Agenda Item Number. 2

Cobb County Department of Transportation
Faye DiMassimo, Director 1890 County Services Parkway Marietta, Georgia 30008-4014 (770) 528-1600 / fax: (770) 528-1601

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
Mr. Ron Sifen – Comments of June 25, 2013.

ATTACHMENTS
Response Letter to Mr. Ron Sifen

Page 261 of 266

Page 262 of 266

Agenda Item Number. 3

Cobb County Office of Economic Development
Michael H.S. Hughes, AICP, Director 100 Cherokee Street, Suite 450 Marietta, Georgia 30090-7000 (770) 528-2607 / fax: (770) 528-2636

Comm. Dist. All

TO: FROM:

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

DATE:

July 23, 2013

PURPOSE
Mr. Douglas Martin - Comments of June 25, 2013.

ATTACHMENTS
Response Letter to Mr. Douglas Martin

Page 263 of 266

Page 264 of 266

Agenda Item Number. 4

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

Comm. Dist.

TO: FROM:

David Hankerson, County Manager Deborah L. Dance, County Attorney This item has been electronically signed by:
Deborah Dance, County Attorney

DATE:

July 23, 2013

PURPOSE
Response to Public Comment - Amy Barnes

ATTACHMENTS
Letter to Amy Barnes

Page 265 of 266

Page 266 of 266

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