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March 26, 2013

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SPECIAL CALLED MEETING / WORK SESSION CALL TO ORDER TRANSPORTATION AGENCY .................................................................................... 1 COMMUNITY DEVELOPMENT AGENCY ................................................................... 2 SUPERIOR COURT ..................................................................................................... 3

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March 26, 2013

TAB

REGULAR MEETING - CALL TO ORDER - 7:00 PM

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

PUBLIC HEARING

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

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

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

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

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

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

10

FINANCE ...................................................................................................................... 11
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SUPERIOR COURT ....................................................................................................... 12

PUBLIC COMMENT .................................................................................................... 13

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

14

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

15

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

16

ADJOURN

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COBB COUNTY TRANSPORTATION AGENCY WORK SESSION AGENDA COVER WORK SESSION OF MARCH 26, 2013
ITEM NO.

Transit 1 To provide information on a proposed Flex Route transit service pilot program for portions of southeast Cobb County.

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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. 2,4

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To provide information on a proposed Flex Route transit service pilot program for portions of southeast Cobb County.

BACKGROUND
Flex Bus Service is a type of service designed to help serve the unmet mobility needs of communities when regular fixed route service is not feasible, either because of ridership or finances. Flex service will offer passengers the option of calling in for a ride or picking up the Flex vehicle at one of its regularly scheduled stops. In FY2011 Cobb Community Transit (CCT) faced significant budget shortfalls, which resulted in implementing several strategies to increase revenues and reduce operating expenses. This included the implementation of a fare increase, reductions in service on some CCT routes, and modifications to the CCT Customer Service Program. The service reductions impacted transit riders that do not have other transportation options and rely on CCT to travel to jobs, medical appointments, school and other activities. To address some of these needs, staff developed a proposal to introduce a flexible routing service which could be fully designed and implemented within the current calendar year. The proposed service would operate in the southeastern part of the county where two of the lowest performing routes in the system were eliminated. If successful, similar service could be introduced in other parts of the county with demonstrated need.

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Agenda Item Number. 1

In order to comply with the Federal Transit Administration requirements, public review of the proposed service and fares is required. The public review will include input from the Transit Advisory Board, the Accessibility Advisory Committee, and public meetings. The Department will be required to hold public meetings to obtain public input and to advertise the meetings through notices in newspapers, the CCT website, and passenger handouts on CCT buses. After the public involvement process has been completed, the Department will present its findings and seek action from the Board of Commissioners.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners consider information presented on a proposed Flex Route transit service pilot program, provide direction, and authorize the Department to begin the public involvement process and other necessary administrative procedures to introduce new Flex Route transit service for portions of southeast Cobb County.

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COBB COUNTY COMMUNITY DEVELOPMENT AGENCY WORK SESSION AGENDA COVER WORK SESSION OF MARCH 26, 2013
ITEM NO.

Planning 1 To provide information on compliance strategies to consider for the Atlanta Regional Commissions PLAN 2040 and provide direction to staff on how to proceed.

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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:

March 26, 2013

PURPOSE
To provide information on compliance strategies to consider for the Atlanta Regional Commissions PLAN 2040 and provide direction to staff on how to proceed.

BACKGROUND
PLAN 2040 is the Atlanta Regional Commissions (ARC) comprehensive blueprint to sustain metro Atlantas 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 ARCs role as a Regional Development Center, as well as a Regional Transportation Plan, required by the United States Department of Transportation (USDOT) due to ARCs 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. ARCs 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 the following:
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Agenda Item Number. 1

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 transmit materials to ARC indicating how we are compliant with the PLAN 2040 Local Government Implementation Program. In order to complete this request, staff needs direction from the Board of Commissioners on how to move forward with compliance documentation. Specifically, staff needs to know if the Board of Commissioners intends for Cobb County to comply with the Excellence Standards, which will require new policies and actions to be brought forward by staff for county and state legislature delegation consideration.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners consider information presented on compliance strategies to consider for the Atlanta Regional Commissions PLAN 2040 and provide direction to staff on how to proceed.

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COBB COUNTY SUPERIOR COURT WORK SESSION AGENDA COVER WORK SESSION OF MARCH 26, 2013
ITEM NO.

Superior Court 1 To present information regarding the implementation of an Adult Mental Health Court.

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Agenda Item Number. 1

Superior Court of Cobb County


Tom Charron, Court Administrator 30 Waddell Street Marietta, Georgia 30090 (770) 528-1800

Comm. Dist. All

TO: FROM:

David Hankerson, County Manager Tom Charron, Court Administrator This item has been electronically signed by:
Tom Charron, Court Administrator

DATE:

March 26, 2013

PURPOSE
To present information regarding the implementation of an Adult Mental Health Court.

BACKGROUND
The Superior Court of Cobb County consulted with the Cobb County Sheriffs Office and learned that an estimated 60 percent of their population is under some kind of psychiatric services. The Superior Court applied for and received grant funds in October of 2012 in the amount of $160,847.00 to establish a new Mental Health Court. The grant period will be for the period of October 1, 2012 to June 30, 2013. These funds will be used for the costs associated with treatment, drug testing, and personnel services. Treatment services will be provided by the Cobb County Community Services Board and funded by this grant.

FUNDING
NA

RECOMMENDATION
The Board of Commissioners consider information regarding the implementation of a Mental Health Court.
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PRESENTATIONS AGENDA COVER REGULAR MEETING OF MARCH 26, 2013


ITEM NO.

To recognize Ben Flanagan, Erik Gijlstra, Ben Mains, Alex Pettitt and Alex Winkler for attaining the rank of Eagle Scout. To present Mr. Curtis Gray with a Certificate of Appreciation for removing litter and debris from Factory Shoals to Blairs Bridge Road. To present a symbolic check from Keep Cobb Beautiful Inc. for services rendered to Cobb County in 2012. To present a proclamation to South Cobb Youth Basketball Association for becoming the GRPA State Champions (Cobb County and GRPA District and State Champions), 10u Cobb County Champions and GRPA District Semi-Finalist, and 18u Cobb County Runner-Up and GRPA District Runner Up. To present the Parks, Recreation and Cultural Affairs Department Volunteer of the Year award and the Jack Demarest Lifetime Achievement award to outstanding volunteers. To present Melinda Ashcraft with a Proclamation for her many years of service to Six Flags Over Georgia and to Cobb County. To present a Proclamation designating April 1, 2013- April 6, 2013 as Community Development Block Grant Week in Cobb County. To present a proclamation designating April 2013 as "Fair Housing Month" in Cobb County. To present a proclamation to the Cobb and Douglas Public Department designating March 20, 2013 as Kick Butts Day in Cobb County. Health

10

To present the "Silver Eagle Award" for 2012 on behalf of the Cobb County Management Team.

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Agenda Item Number. 1

Cobb County Board of Commissioners


JoAnn K. Birrell, Commissioner, District 3 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager JoAnn K. Birrell, Commissioner, District 3 This item has been electronically signed by:
JoAnn K. Birrell, Commissioner, District 3

DATE:

March 26, 2013

PURPOSE
To recognize Ben Flanagan, Erik Gijlstra, Ben Mains, Alex Pettitt and Alex Winkler for attaining the rank of Eagle Scout.

BACKGROUND
Each Scout completed a project that was helpful to the community and will explain their individual project that resulted in this outstanding achievement.

RECOMMENDATION
The Board of Commissioners present Certificates of Recognition to Ben Flanagan, Erik Gijlstra, Ben Mains, Alex Pettitt and Alex Winkler for attaining the rank of Eagle Scout.

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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:

March 26, 2013

PURPOSE
To present Mr. Curtis Gray with a Certificate of Appreciation for removing litter and debris from Factory Shoals to Blairs Bridge Road.

BACKGROUND
Mr. Gray has deligently removed trash and debris from Factory Shoals to Blairs Bridge Road faithfully every weekend for the last 10 years.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners present Mr. Curtis Gray with a Certificate of Appreciation for removing litter and debris from Factory Shoals to Blairs Bridge Road.

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Agenda Item Number. 3

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

DATE:

March 26, 2013

PURPOSE
To present a symbolic check from Keep Cobb Beautiful Inc. for services rendered to Cobb County in 2012.

BACKGROUND
Keep Cobb Beautiful Inc. is a non-profit organization established in 1984 with the support of the Cobb County Board of Commissioners. Their purpose is to assist the County and the Board of Commissioners in establishing, promoting and maintaining a county-wide policy for improved environmental and waste management. The Board of Commissioners established Keep Cobb Beautiful Inc. with advisory authority to recommend refuse, waste and environmental management policies and implement associated programs with the goal that all refuse, beautification, recycling and clean community activities follow a common purpose. Keep Cobb Beautiful Inc. achieves the directives through Litter Prevention, Beautification, Waste Reduction, Community Greening, Recycling and Community Improvement and associated Educational Programs. In 2012, Keep Cobb Beautiful Inc. contributed $1,119,074.81 to Cobb County in volunteer hours, in-kind donations, and various implementations of cost avoidance measures.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners accept a symbolic check from Keep Cobb Beautiful, Inc. for services rendered by volunteers and sponsors to Cobb County in 2012.

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Agenda Item Number. 4

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:

March 26, 2013

PURPOSE
To present a proclamation to South Cobb Youth Basketball Association for becoming the GRPA State Champions (Cobb County and GRPA District and State Champions), 10u Cobb County Champions and GRPA District Semi-Finalist, and 18u Cobb County Runner-Up and GRPA District Runner Up.

BACKGROUND
South Cobb Youth Basketball Association (SCYBA) is a non-profit, fall season, Recreational Basketball League, that is open to all 5-18 year old boys and 5-14 girls, in the Cobb County and surrounding areas. SCYBA's mission is to provide ALL kids, regardless of talent level, the opportunity to play the game of basketball in a safe and competitive environment, while focusing on sportsmanship, character building & teamwork that is necessary to succeed on and off the basketball court.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners present a proclamation to South Cobb Youth Basketball Association for becoming the GRPA State Champions (Cobb County and GRPA District and State Champions), 10u Cobb County Champions and GRPA District Semi-Finalist, and 18u Cobb County Runner-Up and GRPA District Runner Up.

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Agenda Item Number. 5

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

DATE:

March 26, 2013

PURPOSE
To present the Parks, Recreation and Cultural Affairs Department Volunteer of the Year award and the Jack Demarest Lifetime Achievement award to outstanding volunteers.

BACKGROUND
In 1984, the Parks, Recreation and Cultural Affairs Department created a volunteer recognition program to recognize individuals and organizations that have made considerable contributions to support recreation programs by the Department. The Volunteer of the Year award is presented to individuals that have made a significant impact to the overall quality to a Recreation Program or Cultural Affairs Program through their efforts and leadership. To date, forty-four individuals have been honored for their noteworthy accomplishments to the program and community. Beginning in 2000, the Jack Demarest Lifetime Achievement award was created to recognize volunteers that have made significant contributions to their program and community for an extended period of time. The award was named in honor of Jack Demarest, a former Cobb County Recreation Board member, for his many years of service, commitment, and unselfish dedication to the Parks, Recreation and Cultural Affairs Department. To date, ten individuals have been selected for this award, each with more than fifteen years of service to their program. Each volunteer organization can submit an individual to be recognized as the "Volunteer of the Year" for that association. The nominations are collected, reviewed by staff and the finalists for the overall "Volunteer of the Year" and the Jack Demarest Lifetime Achievement Award are presented to the Cobb County Recreation Board for final selection.
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Agenda Item Number. 5

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners present the "Volunteer of the Year" award and the Jack Demarest Lifetime Achievement award to outstanding volunteers.

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Agenda Item Number. 6

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:

March 26, 2013

PURPOSE
To present Melinda Ashcraft with a Proclamation for her many years of service to Six Flags Over Georgia and to Cobb County.

BACKGROUND
Melinda Ashcraft started at Six Flags over Georgia in 1967 as a ride operator and continued her managerial career in many different aspects of park operations while relocating throughout the country to various Six Flags properties. Melinda has served as park president at Six Flags Over Georgia and White Water since January 2004. Prior to that she serves as vice-president and general manager at Six Flags Fiesta, Texas and Six Flags Kentucky Kingdom. Six Flags Over Georgia is one of the top tourist attractions in the state and is the largest theme park in the Southeast. It employs 2,500 seasonal hosts and hostesses and 170 full-time employees.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners present a proclamation to Melinda Ashcraft.

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Agenda Item Number. 7

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:

Board of Commissioners Tim Lee, Chairman This item has been electronically signed by:
Michael H.S. Hughes, AICP, Director Tim Lee, Chairman

DATE:

March 26, 2013

PURPOSE
To present a Proclamation designating April 1, 2013- April 6, 2013 as Community Development Block Grant Week in Cobb County.

BACKGROUND
The U.S. Department of Housing and Urban Development has designated a week during the month of April 2013 as National Community Development Week. In recognition of the positive impact the CDBG Program has made in the lives of low and moderate income families in Cobb County over the past 31 years, it is requested that the Board of Commissioners recognize the CDBG Program with a Proclamation.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners present a Proclamation declaring April 1, 2013- April 6, 2013 as Community Development Block Grant Week in Cobb County.

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Agenda Item Number. 8

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:

Board of Commissioners Tim Lee, Chairman This item has been electronically signed by:
Michael H.S. Hughes, AICP, Director Tim Lee, Chairman

DATE:

March 26, 2013

PURPOSE
To present a proclamation designating April 2013 as "Fair Housing Month" in Cobb County.

BACKGROUND
This year marks the 45th Anniversary of the passage of Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act. The U.S. Department of Housing and Urban Development has designated April 2013 as "National Fair Housing Month." In recognition of the rights of individuals and families in Cobb County under local, state, and federal Fair Housing laws and policies, it is requested that the Board of Commissioners recognize Fair Housing Month in Cobb County with the adoption of a Proclamation.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners present a proclamation designating April 2013 as "Fair Housing Month" in Cobb County.

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Agenda Item Number. 9

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:

March 26, 2013

PURPOSE
To present a proclamation to the Cobb and Douglas Public Health Department designating March 20, 2013 as Kick Butts Day in Cobb County.

BACKGROUND
Kick Butts Day is an annual national initiative sponsored by the Campaign for Tobacco-free Kids that makes elementary, middle and high school students leaders in the fight against youth tobacco use and exposure to secondhand smoke.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners present a proclamation to the Cobb and Douglas Public Health Department designating March 20, 2013 as Kick Butts Day in Cobb County.

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Agenda Item Number. 10

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:

March 26, 2013

PURPOSE
To present the "Silver Eagle Award" for 2012 on behalf of the Cobb County Management Team.

BACKGROUND
Each year the "Silver Eagle Award" is presented to a member of the Cobb County Government Management Team who was selected through election by his/her peers. The award program recognizes a team member who has demonstrated teamwork and exhibited outstanding leadership among the Department Manager Team during the calendar year.

RECOMMENDATION
The Board of Commissioners present the "Silver Eagle Award" for 2012 on behalf of the Cobb County Management Team to a team member who has demonstrated teamwork and exhibited outstanding leadership during the calendar year.

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COBB COUNTY COMMUNITY DEVELOPMENT AGENCY PUBLIC HEARING AGENDA COVER REGULAR MEETING OF MARCH 26, 2013
ITEM NO.

Administration 1 To conduct a public hearing to amend the Official Code of Cobb County, Chapter 134 and consider adopting the amendments.

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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:

March 26, 2013

PURPOSE
To conduct a public hearing to amend the Official Code of Cobb County, Chapter 134 and consider adopting the amendments.

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 a public hearing to amend the Official Code of Cobb County, Chapter 134 and consider adopting the amendments. ATTACHMENT: Proposed amendments have been provided under separate cover.

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PUBLIC COMMENT (BEGINNING OF MEETING) MARCH 26, 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 MARCH 26, 2013


ITEM NO.

WATER SYSTEM AGENCY Engineering 1 To approve a construction contract with John H. Pruett Construction Co., Inc. for Murdock Road Water Main Replacement, Program No. W2233. TRANSPORTATION AGENCY Administration 2 To approve a Contract for Acquisition of Right-of-Way with the Georgia Department of Transportation for Skip Spann Connector (also known as Busbee/Frey Connector), State P.I. No. 0010157, Cobb County Project No. E4010. To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on one parcel on Timber Ridge Road Sidewalk, Project No. E7030, and Timber Ridge Road Pedestrian Bridge, Project No. E7050. Traffic Operations 4 To authorize the establishment of a No Parking zone along both sides of Mavell Road, from the northern limits of Nickajack Elementary School property south to the Silver Comet Trail trailhead. Planning 5 To adopt a resolution authorizing the submission of a FY2013 Section 5307 Grant application (Grant No. GA-90-X323) to the Federal Transit Administration for transit capital, planning, and operating related projects. PUBLIC SERVICES AGENCY Elections and Registration 6 To approve a change to the following precinct boundaries due to recent annexations: Kennesaw 2A, Marietta 3A, and Smyrna 2B to be in effect June 3, 2013 pending U.S. Justice Department approval. PUBLIC SAFETY AGENCY Fire & Emergency Services 7 To authorize the acceptance of a donation from the Georgia Firefighters Burn
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Foundation for support of the Cobb County Public Safety Education Block Party. 8 To authorize the acceptance of a donation of a grill and television from the Vinings Village Womens Club. COMMUNITY DEVELOPMENT AGENCY Planning 9
To approve additions to the 2012 Comprehensive Plan Work Program to incorporate recently approved master plans and items from the 2013 Board of Commissioners retreat.

10

To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding land use known as 3820, 3738, 3843, 3855 Lakeview Way (LL 85, 20th District, 2nd Section, Parcels 52,53,54,55 and 57). To adopt the 2030 Comprehensive Plan per annual amendments approved on January 15, 2013 and February 26, 2013 and adopt a resolution authorizing its submittal to the Atlanta Regional Commission. ECONOMIC DEVELOPMENT Economic Development CDBG

11

12

To amend the Advantage Financial Budget for the Neighborhood Stabilization Program 1 to reflect current budgets in the States Destroyer Information System. FINANCE

13

To approve a contract with Willis of GA for professional services including marketing insurance and other risk management consultation services for a period of three years with two one-year options. To adopt a resolution adopting all budget amendments set forth in agenda items on this date. To approve the firm of Butler, Snow, O'Mara, Stevens & Cannada, PLLC to provide Bond Counsel and Issuer's Disclosure Counsel services to the County. TAX COMMISSIONER

14

15

16

To authorize the Tax Commissioner to write off delinquent personal property accounts that were in bankruptcy from 2005 through 2011 and have been released by the US District Bankruptcy Court. These accounts are therefore, uncollectable. COUNTY CLERK

17

To approve the minutes of the following meetings:


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March 7, 2013 - Bus Tour of District 4 March 11, 2013 - Agenda Work Session March 12, 2013 - Regular Meeting of the Board

Page 29 of 147

Agenda Item Number. 1

Cobb County Water System


Stephen D. McCullers, P.E., Director Customer Services Facility 660 South Cobb Drive Marietta, Georgia 30060-3105 (770) 423-1000 Comm. Dist. 3

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To approve a construction contract with John H. Pruett Construction Co., Inc. for Murdock Road Water Main Replacement, Program No. W2233.

BACKGROUND
The Murdock Road area is currently served by a 6-inch asbestos cement water main which is subject to periodic failure and ongoing repair demands. The proposed project will address these deficiencies and bring the area up to current Water System standards. The project includes abandoning the use of approximately 11,200 linear feet of existing 6-inch asbestos cement water main along Murdock Road from Post Oak Tritt Road to Sewell Mill Road and replacement with approximately 1,200 linear feet of 6-inch ductile iron pipe, approximately 10,000 linear feet of 8-inch ductile iron pipe, and all related appurtenances. Bids for construction were received on February 28, 2013, and the results of the bid were as follows: John H. Pruett Construction Co., Inc. RDJE, Inc. Site Engineering, Inc. K. M. Davis Contracting Co., Inc. Wade Coots Company, Inc. T. J. Lyle & Co., Inc. Tippins Contracting Co., Inc. Ray Campbell Contracting Co., Inc. Unity Construction Co., Inc.
Page 30 of 147

$1,034,600.25 $1,061,939.00 $1,108,855.00 $1,137,600.00 $1,143,722.50 $1,145,638.93 $1,149,034.00 $1,226,345.00 $1,588,616.00

Agenda Item Number. 1

FUNDING
Funding is available in the Water Systems Murdock Road Water Main Replacement, Adopted CIP Budget, and in the Water Systems Asbestos/Cement Water Line Replacement Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2233. Transfer from: Murdock RoadWater Main Replacement Preliminary Estimates 510-500-5754-8005 Asbestos/Cement Water Line Replacement Preliminary Estimates 510-500-5754-8005 Total Transfer to: Murdock Road Water Main Replacement Construction 510-500-5754-8260 Interest Expense on Retainage 510-500-5754-6613 Administration 510-500-5754-8205 Materials & Supplies 510-500-5754-8265 Contingency 510-500-5754-8810 Total

W2233-Z W2055-Z

$650,000.00 $412,965.25 $1,062,965.25

W2233-C W2233-A W2233-A W2233-M W2233-T

$1,034,600.25 $5,175.00 $500.00 $2,000.00 $20,690.00 $1,062,965.25

RECOMMENDATION
The Board of Commissioners approve a construction contract with John H. Pruett Construction Co., Inc., in the amount of $1,034,600.25, for Murdock Road Water Main Replacement, Program No. W2233, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Map.

Page 31 of 147

LOCATION MAP
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627

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620

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Warwick Dr

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670

671
Oakrill Rd

672

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699

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Wooded Hills Walk

891

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Billingsley Dr

893
Arlington Pl
Murdock Rd

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Project: Murdock Road Water Main Replacement Program Number: W2233 Land Lots: As Shown District: 16th Commission District: 3

Page 32 of 147

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, 3

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To approve a Contract for Acquisition of Right-of-Way with the Georgia Department of Transportation for Skip Spann Connector (also known as Busbee/Frey Connector), State P.I. No. 0010157, Cobb County Project No. E4010.

BACKGROUND
Skip Spann Connector is an approved thoroughfare improvements project in the 2011 SPLOST Transportation Improvements Program (TIP), and is designated as State P.I. No. 00101577. This project consists of a new roadway with a grade separation over I-75 connecting Frey Road to Townpark Lane. The project also includes slip ramps connecting the I-75 southbound exit ramp to Frey Road, and Busbee Drive to the I-75 northbound entrance ramp. The Department is in receipt of a Contract for Acquisition of Right-of-Way from the Georgia Department of Transportation (GDOT). Under the terms of this contract, the County agrees to purchase required rights-of-way for this project, without cost to GDOT, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Public Law 91-646 and Georgia Law 1972, p. 931, and in accordance with the Relocation Assistance Manual prepared by GDOT. Upon completion of the project, the rightsof-way purchased on Skip Spann Connector will be incorporated into GDOTs roadway system. Funding is available in the 2011 SPLOST TIP Fund approved budget.

FUNDING
N/A
Page 33 of 147

Agenda Item Number. 2

RECOMMENDATION
The Board of Commissioners approve a Contract for Acquisition of Right-of-Way with the Georgia Department of Transportation (GDOT) for Skip Spann Connector (also known as Busbee/Frey Connector), State P.I. No. 0010157, Cobb County Project No. E4010, and authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Contract for Acquisition of Right-of-Way to be provided under separate cover

Page 34 of 147

LOCATION MAP
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Cobb County Department of Transportation

DATE: PROJECT: March 26, 2013 Skip Spann Connector (also known as Busbee/Frey Connector), Project No. E4010

Notes: Commission Districts 1 and 3

Page 35 of 147

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Contract for Acquisition of Right-of-Way to be provided under separate cover

Page 36 of 147

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. 3

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., on one parcel on Timber Ridge Road Sidewalk, Project No. E7030, and Timber Ridge Road Pedestrian Bridge, Project No. E7050.

BACKGROUND
Timber Ridge Road Sidewalk and Timber Ridge Road Pedestrian Bridge are approved pedestrian improvement projects in the Sidewalk Component of the 2011 SPLOST Transportation Improvements Program (TIP). The projects consist of construction of sidewalk on the north side of Timber Ridge Road, from Jacksons Creek Bluff to Lower Roswell Road, including a pedestrian bridge over Timber Ridge Branch. Acquisition of the total property is needed to construct this project. Right-of-way funding for this project is available in the 2011 SPLOST TIP Fund approved budget. Negotiations with the property owners are ongoing; however, in order to ensure project deadlines are met, the Department is requesting condemnation approval by the Board of Commissioners in the event negotiations are unsuccessful, and the Land Acquisition Review Committee, consisting of the Departments Development Services, Right-of-Way and Construction staff, and the Countys Legal personnel, recommends condemnation actions be filed.

Page 37 of 147

Agenda Item Number. 3

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

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners determine that circumstances are such that it is necessary to proceed with condemnation proceedings by Declaration of Taking under O.C.G.A. 32-3-4, et seq., authorize the commencement of condemnation proceedings on one (1) parcel on Timber Ridge Road Sidewalk, Project No. E7030, and Timber Ridge Road Pedestrian Bridge, Project No. E7050, adopt a Resolution and Order in form substantially similar to the attached, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map Resolution and Attachment 1 for Parcel 1

Page 38 of 147

LOCATION MAP
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PROJECT: Cobb County Department of Transportation Timber Ridge Road Sidewalk

Notes: Commission District 3

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Page 39 of 147

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DATE: March 26, 2013

Page 40 of 147

Page 41 of 147

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. 2

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To authorize the establishment of a No Parking zone along both sides of Mavell Road, from the northern limits of Nickajack Elementary School property south to the Silver Comet Trail trailhead.

BACKGROUND
Mavell Road is a local, residential, dead-end street, approximately 20 feet wide, with curb and gutter along the eastern side. In addition, Mavell Road provides sole access to both Nickajack Elementary School and the Mavell Road trailhead for the Silver Comet Trail. The Department and Cobb County School District (CCSD) recently received complaints from the Nickajack Elementary School Parent Teachers Association regarding traffic congestion and safety concerns on Mavell Road. The Department and CCSD investigated and concluded that on-street parking is a safety concern, and have further determined that there is adequate parking available at the school. Therefore, in accordance with the Official Code of Cobb County, Section 118, Article IV, Division I, the Department recommends establishment of a No Parking zone along both sides of Mavell Road, from the northern limits of Nickajack Elementary School property south to the Silver Comet Trail trailhead.

FUNDING
Available in the Departments approved FY13 Operating Budget as follows: 010-050-0750-0752-6198
Page 42 of 147

Agenda Item Number. 4

RECOMMENDATION
The Board of Commissioners authorize the establishment of a No Parking zone along both sides of Mavell Road, from the northern limits of Nickajack Elementary School property south to the Silver Comet Trail trailhead.

ATTACHMENTS
Location Map

Page 43 of 147

LOCATION MAP
SO UT

LAUREL CLIFF DR

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PRIN GS RD

LAKE L

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L RE AU DR

EL UR LA

KING S

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PROJECT: Cobb County Department of Transportation No Parking Zone Mavell Road

DATE: March 26, 2013

CA

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Notes: Commission District 2

Page 44 of 147

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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:

March 26, 2013

PURPOSE
To adopt a resolution authorizing the submission of a FY2013 Section 5307 Grant application (Grant No. GA-90-X323) to the Federal Transit Administration for transit capital, planning, and operating related projects.

BACKGROUND
Each year, funds are allocated to Cobb County from the Federal Transit Administration (FTA) Section 5307 formula program for transit capital, planning, and operating related projects. Federal monies requested in this grant will fund 80 percent of the costs of Cobb Community Transit (CCT) capital and planning projects, as well as a portion of CCT operating expenditures. To obtain these funds, the Board of Commissioners must adopt a Resolution authorizing the submission of a grant application to the FTA. The FY2013 FTA Section 5307 Grant application, which totals $3,890,750.00, includes capital projects in the amount of $470,000.00, and operating/planning projects in the amount of $3,420,750.00. The Grant will provide 80 percent Federal funding for capital, planning, and some operating projects, or $1,509,309.00, and 50 percent Federal funding for operating assistance, or $1,002,057.00, for total Federal funding in the amount of $2,511,366.00. At this time, State funding is not available for matching funds; therefore, a 20 percent local match of $377,327.00 will be required for capital, planning, and some operating projects, and a 50 percent local match of $1,002,057.00 will be required for operating assistance. Funding for the local match total of $1,379,384.00 is available in the Transit Division's approved FY2013 Operating and Capital Project Fund budgets.

Page 45 of 147

Agenda Item Number. 5

IMPACT STATEMENT
Federal funding will provide 80 percent of eligible capital, planning, and some operating project costs, for a total of $1,509,309.00; a 20 percent local match, in the amount of $377,327.00, will be required. Moving Ahead for Progress in the 21st Century Act (MAP 21), which is the new transportation legislation reauthorizing surface transportation programs through FY2014, allows Federal reimbursement for operating costs, subject to certain requirements and limitations. Federal funding for the operating assistance portion of this grant totals $1,002,057.00; a 50 percent local match, in the amount of $1,002,057.00, will be required. Local matching funds for various operating projects, in the amount of $1,285,384.00, are available in the Transit Divisions approved FY2013 Operating budget. Local matching funds for various capital projects, in the amount of $94,000.00, are available in the Transit Divisions approved FY2013 Capital Projects Fund budget. Acceptance of this funding will result in a savings of $1,026,057.00 to the Transit Operating Fund by reducing the General Fund contribution currently budgeted for related expenses. These currently budgeted contribution funds, in the amount of $1,026,057.00, will be reallocated to the Transit Capital Fund for use as local match on future FTA grants, as approved by the Board, to include additional FY2012 and FY2013 funding that is anticipated to become available. A Continuing Appropriations Resolution, 2013, signed into law in September 2012, authorized approximately 50 percent of the FY2013 annual apportionment; therefore, the full amount of Cobb Countys apportionment is not anticipated to be available until later in the 2013 calendar year. Once the full FY2013 allocation is established and made available, the Department will present an agenda item to the Board requesting to amend the FY2013 FTA Section 5307 Grant application, in an amount not to exceed additional Federal funding allocated to Cobb County.

FUNDING
Federal and local funding is available in the Transit Division's approved FY2013 Operating Budget as follows: 200-050-4802-4439 (FTA 5307-Capital) 200-050-4802-4441 (FTA 5307-Planning) 200-050-4802-4442 (FTA 5307-Operating) 200-050-4802-4960 (General Fund Contribution) 200-050-4802-Various Expense Objects $ 698,049.00 $ 100,000.00 $ 311,260.00 $2,311,441.00 $3,420,750.00 $3,420,750.00

Page 46 of 147

Agenda Item Number. 5

Appropriate receipt of additional revenue from FY2013 FTA Section 5307 Grant funds to the Transit Division's approved FY2013 Operating Budget, and reallocate the reduced General Fund Contribution required for Transit operations to the Transit Division's approved FY2013 Capital Projects Fund Budget, as follows:

Increase Revenue Appropriation:

200-050-4802-4441 (FTA 5307Planning) 200-050-4802-4442 (FTA 5307Operating) 200-050-4802-4960 (General Fund Contribution) 202-050-4899-4960 (General Fund Contribution)

24,000.00

$1,002,057.00

Decrease Revenue Appropriation:

$1,026,057.00

Increase Revenue Appropriation:

$1,026,057.00

Increase Expenditure Appropriation: 202-050-4899-8005 (Local Match Estimate)

$1,026,057.00

Appropriate receipt of additional revenue from FY2013 FTA Section 5307 Grant Funds to the Transit Division's approved Capital Projects Fund Budget as follows:

Increase Revenue Appropriation:

202-050-Various-4439 (FTA 5307-Capital)

$376,000.00

Increase Expenditure Appropriation:

202-050-Various-8005 202-050-4867-Various Expense Objects

$348,000.00 $ 28,000.00 $376,000.00

Local funding is available in the Transit Division's approved Capital Projects Fund Budget with the following budget transfer: Transfer from: Transfer to: 380-050-4654-8005 202-050-Various-8005 202-050-4867-Various Expense Objects $94,000.00 $87,000.00 $ 7,000.00 $94,000.00

Page 47 of 147

Agenda Item Number. 5

RECOMMENDATION
The Board of Commissioners adopt a resolution authorizing the submission of a FY2013 Section 5307 Grant application (Grant No. GA-90-X323) to the Federal Transit Administration (FTA), in an amount not to exceed $3,890,750.00, for transit capital, planning, and operating related projects, authorize the corresponding budget transactions, and further authorize the Chairman, or his designee, to execute the necessary documents.

ATTACHMENTS
FY2013 Resolution FY2013 FTA Grant Application Project List

Page 48 of 147

RESOLUTION Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for Federal transportation assistance authorized by 49 U.S.C. chapter 53, title 23 United States Code and other Federal statutes administered by the Federal Transit Administration. WHEREAS, the Federal Transit Administrator has been delegated authority to award Federal financial assistance for a transportation project; WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon Cobb County, and may require Cobb County to provide the local share of the project cost; WHEREAS, Cobb County has provided or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissioners authorize the filing of a grant by Cobb County with the Federal Transit Administration, Department of Transportation, United States of America in an amount not to exceed $3,890,750.00; 1. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute and file an application for Federal assistance on behalf of Cobb County with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute and file with its application the annual certifications and assurances and other documents the Federal Transit Administration requires before awarding a Federal assistance grant or cooperative agreement. That the Chairman of the Cobb County Board of Commissioners or his designee is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of Cobb County.

2.

3.

CERTIFICATION The undersigned duly qualified Chairman of the Cobb County Board of Commissioners, acting on behalf of the Cobb County Board of Commissioners, certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the Cobb County Board of Commissioners held on March 12, 2013. This _____ day of , 2013

________________________ Timothy D. Lee, Chairman Cobb County Board of Commissioners Page 49 of 147

FY2013 FTA GRANT APPLICATION PROJECT LIST

Capital Projects Transit Center Improvements Transit Center Equipment Computer & Related Equipment ITS & Related Equipment Bus Stop Improvements Pedestrian Access Walkways Fare Collection Equipment Mobility Management Support Vehicles Subtotal - Capital Projects Operating Projects (20% Match) Preventive Maintenance Paratransit Operations Planning Program Education/Training Operating Projects (50% Match) Operating Assistance Subtotal - Operating Projects Total Grant

Project Cost $ 50,000.00 $ 25,000.00 $ 75,000.00 $ 40,000.00 $ 40,000.00 $ 100,000.00 $ 20,000.00 $ 35,000.00 $ 85,000.00 $470,000.00 Project Cost $ 872,561.00 $ 389,075.00 $ 150,000.00 $ 5,000.00 Project Cost $ 2,004,114.00 $ $ 3,420,750.00 3,890,750.00

Page 50 of 147

Agenda Item Number. 6

Cobb County Board of Elections & Registration


Janine Eveler, Director 736 Whitlock Avenue, Suite 400 Mail: P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2300 / fax: (770) 528-2519 Absentee Voting Fax (770) 528-2458 www.cobbelections.org Guy Drexinger Rob Garcia Patrick Gartland Joe Ransbotham Beverly E. Smith, Chair

Comm. Dist. 1, 2

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To approve a change to the following precinct boundaries due to recent annexations: Kennesaw 2A, Marietta 3A, and Smyrna 2B to be in effect June 3, 2013 pending U.S. Justice Department approval.

BACKGROUND
As a result of recent annexations by the cities of Kennesaw, Marietta, and Smyrna, it is necessary for the County to change the boundaries of the above listed precincts to conform to the new city limits. Notice of this change has appeared in the legal organ of the County. Once approved, affected voters will receive a new Precinct Card. A public hearing was held on March 25, 2013 at 8:00 A.M. to hear any objections to these proposed changes. No objections were filed; therefore, we ask the Commissioners for approval. Following the Commissioners approval, we will submit the changes to the United States Justice Department for preclearance. Kennesaw 2A: Property located at North Cobb Parkway at Intersection of Old 41 Hwy consisting of 1.48 +/acres. Land District 20, Land Lot 206, Parcel 32.

Page 51 of 147

Agenda Item Number. 6

Marietta 3A: Bellemeade Farms Subdivision consisting of 14.56 acres. Land District 17, Land Lot 152, Parcels 0330, 0340, 0350, 0320, 0360, 0310, 0370, 0300, 0380, 0390, 0290, 0400, 0280, 0410, 0270, 0420, 0260, 0430, 0440, 0250, and 0450; and Land Lot 153, Parcels 2440 and 2450. Smyrna 2B: Property located at 1801-1825 Davie Circle and 2301-2343 Louise Circle consisting of 20.587 acres. Land District 17, Land Lot 663, Parcel 4. Property located at 1810 Roswell Street consisting of 0.730 acres. Land District 17, Land Lot 663, Parcel 5. Property located at 1844 Roswell Street consisting of 0.373 acres. Land District 17, Land Lot 663, Parcel 3.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners approve a change to existing precinct boundary lines due to recent annexations in Kennesaw 2A, Marietta 3A, and Smyrna 2B to be in effect June 3, 2013 pending U.S. Justice Department approval.

Page 52 of 147

Agenda Item Number. 7

Cobb County Fire & Emergency Services


Sam D. Heaton, Fire Chief 1595 County Services Pkwy Marietta, Georgia 30008-4021

Comm. Dist. 4

TO: FROM:

David Hankerson, County Manager Jack L. Forsythe, Public Safety Director Sam Heaton, Fire Chief This item has been electronically signed by:
Sam Heaton, Fire Chief Jack Forsythe, Director of Public Safety

DATE:

March 26, 2013

PURPOSE
To authorize the acceptance of a donation from the Georgia Firefighters Burn Foundation for support of the Cobb County Public Safety Education Block Party.

BACKGROUND
Recognizing an upward trend for calls for Fire, Police, and Emergency Medical Service response, Cobb Fire (CCFES) has identified a need for comprehensive safety educational activities to be conducted in the South Cobb community during the Public Safety Blitz on April 20, 2013. CCFES has partnered with Cobb Police, E-911, the Cobb Emergency Management Agency Citizens Emergency Response Team, the Austell Community Task Force, and the Neighborhood Safety Commission to take this comprehensive public safety initiative training to those citizens who are considered at-risk for medical and other public safety emergencies, but do not have the means to seek the training out themselves. This is an opportunity for people in the community to interact with public safety personnel in a non-emergency setting and benefit from training such as, Stranger Danger, pedestrian and crosswalk safety, household hazards, and Fire Safety. This will be the second planned multidisciplinary safety program open to the local community. The first such program was hosted by these agencies in the Six Flags area in April 2012. The Georgia Firefighters Burn Foundation wishes to donate $500.00 towards this cause. The funds would be used to purchase the educational and associated materials, such as brochures and pamphlets that the attendees can take with them.

Page 53 of 147

Agenda Item Number. 7

FUNDING
Revenue will be received in the following account: 230-130-1000-4955 $500.00

RECOMMENDATION
The Board of Commissioners authorize the acceptance of a donation from the Georgia Firefighters Burn Foundation, in the amount of $500.00, for support of the Cobb County Public Safety Education Block Party, and further authorize the corresponding budget transaction.

Page 54 of 147

Agenda Item Number. 8

Cobb County Fire & Emergency Services


Sam D. Heaton, Fire Chief 1595 County Services Pkwy Marietta, Georgia 30008-4021

Comm. Dist. 2

TO: FROM:

David Hankerson, County Manager Jack L. Forsythe, Public Safety Director Sam Heaton, Fire Chief This item has been electronically signed by:
Sam Heaton, Fire Chief Jack Forsythe, Director of Public Safety

DATE:

March 26, 2013

PURPOSE
To authorize the acceptance of a donation of a grill and television from the Vinings Village Womens Club.

BACKGROUND
As part of their local philanthropic mission to the community in which they reside, the Vinings Village Womens Club wishes to donate several items to fire stations in their neighborhoods. The donations consist of an outdoor gas cooking grill to Fire Station #4 at 1901 Cumberland Parkway, and a television to Fire Station #5 at 4336 Paces Ferry Road. The value of the grill and television shall not exceed $250 each, and have been identified as items needed at each of these facilities.

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners authorize the acceptance of a donation of a grill and television from the Vinings Village Womens Club.

Page 55 of 147

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. All

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To approve additions to the 2012 Comprehensive Plan Work Program to incorporate recently approved master plans and items from the 2013 Board of Commissioners retreat.

BACKGROUND
The Short Term Work Program is part of the Department of Community Affairs requirements as defined in, Rules for the Department of Community Affairs Chapter 110-12-1-.03 Standards and Procedures for Local Comprehensive Planning Plan Elements. The purpose of the Short Term Work Program is to identify specific implementation actions the local government intends to take during the five-year planning horizon (2012 2016). This includes any ordinances, administrative systems, community improvements or investments, financing arrangements, capital improvements or other programs or initiatives to be put in place to implement the plan. The current planning horizon for the Short Term Work Program extends to the end of 2016. The Community Development Agency Planning Division receives numerous requests for research and services from the Planning Commission, Board of Commissioners, other County Departments, and items identified in the Comprehensive Plan. As a means of ensuring fiscally conservative budgeting and adequate staff management, Community Development takes the various work requests, assembles project teams based upon current staffing levels, and presents this back to the Board of Commissioners for adoption. This process provided a set of clear and concise expectations for staff, elected officials, and the community concerning the specific actions and efforts professional staff will undertake in regards to growth management in Cobb County.

FUNDING
N/A. Approval of the work program does not obligate any funds for projects identified in the Comprehensive Plan. Therefore, there will be no additional monetary allocation from the Page 56 of 147

Agenda Item Number. 9

general fund or other funding sources to the various projects as an act if approving this agenda item. Projects that would require additional funding will need to be brought forward as an individual action item for the Board of Commissioners consideration.

RECOMMENDATION
The Board of Commissioners approve additions to the 2012 Comprehensive Plan Work Program to incorporate recently approved master plans and items from the 2013 Board of Commissioners retreat.

ATTACHMENTS
2013 Comprehensive Plan Resolution

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A RESOLUTION OF THE COBB COUNTY BOARD OF COMMISSIONERS CONSENTING TO THE SUBMITTAL OF THE 2013 AMENDMENTS TO THE 2030 COMPREHENSIVE PLAN
WHEREAS, the Georgia Planning Act of 1989 authorizes local governments throughout the State to prepare Comprehensive Plans to be used in guiding their future growth and development; and WHEREAS, the Cobb County Board of Commissioners approved a Comprehensive Plan in accordance with the State of Georgia Minimum Standards and Procedures for Local Comprehensive Planning on July 24, 2007; and WHEREAS, the Minimum Standards and Procedures for Local Comprehensive Planning require maintenance of comprehensive plans by each local community, and WHEREAS, the Cobb County Board of Commissioners have prepared a yearly updates of minor amendments to the 2030 Comprehensive Plan in accordance with the State of Georgia Minimum Standards and Procedures for Local Comprehensive Planning; and WHEREAS, the Cobb County Board of Commissioners desires that the revised minor amendments to the 2030 Comprehensive Plan be reviewed for concurrence in accordance with the procedures outlined in the Minimum Standards and Procedures for Local Comprehensive Planning. NOW THEREFORE, BE IT RESOLVED that the Cobb County Board of Commissioners hereby certify that the minimum requirements for the maintenance of Comprehensive Plans as identified in the Minimum Standards and Procedures for Local Comprehensive Planning, have been met and the yearly amendments to the 2030 Comprehensive Plan are minor in nature; and BE IT FURTHER RESOLVED, that the Cobb County Board of Commissioners hereby authorize the 2013 yearly amendments to the 2030 Comprehensive Plan be submitted to the Atlanta Regional Commission and Georgia Department of Community Affairs for official review. This the 26th day of March 2013.

________________________________ Timothy D. Lee, CHAIRMAN

Attest:

________________________________ Candice Ellison, COUNTY CLERK

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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. 1

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To adopt annexation response per HB 489 Intergovernmental Agreement and HB 2 regarding land use known as 3820, 3738, 3843, 3855 Lakeview Way (LL 85, 20th District, 2nd Section, Parcels 52,53,54,55 and 57).

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

FUNDING
N/A

RECOMMENDATION
The Board of Commissioners adopt response per HB 489 Intergovernmental Agreement and HB 2 regarding land use known as 3820, 3738, 3843, 3855 Lakeview Way (LL 85, 20th District, 2nd Section, Parcels 52, 53, 54, 55 and 57).

ATTACHMENTS
Response Letter City of Acworth

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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. All

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To adopt the 2030 Comprehensive Plan per annual amendments approved on January 15, 2013 and February 26, 2013 and adopt a resolution authorizing its submittal to the Atlanta Regional Commission.

BACKGROUND
On July 26, 2007, the Board of Commissioners approved the 2030 Comprehensive Plan: Mapping Cobbs Future, the communitys official growth policy document for Cobb County. Further, on June 26, 2012, Cobb County submitted the five-year update to the 2030 Comprehensive Plan to the Atlanta Regional Commission and Department of Community Affairs, which was approved as consistent with the State of Georgia Rules for Local Comprehensive Planning. Annually, the Board of Commissioners approved minor amendments to the comprehensive plan to ensure its relevancy based upon changing conditions in the region. The comprehensive plan amendment process for 2013 had Planning Commission recommendations on January 8, 2013 and Board of Commissioner approvals on January 15, 2013, February 26, 2013, and March 26, 2013. The Atlanta Regional Commission, the Regional Development Center covering metropolitan Atlanta, is our reviewing authority for local comprehensive plans. As such, they must review the amendments made to the plan and submit their findings to the Georgia Department of Community Affairs for final approval.

FUNDING
N/A. Approval of this item will not necessitate any additional monetary allocation to undertake the proposed actions. Page 66 of 147

Agenda Item Number. 11

RECOMMENDATION
The Board of Commissioners adopt the 2030 Comprehensive Plan per annual amendments approved on January 15, 2013, February 26, 2013 and adopt a resolution authorizing its submittal to the Atlanta Regional Commission.

Attachments:
2013 Update to 2030 Comprehensive Plan provided under separate cover 2013 Future Land Use Map provided under separate cover 2013 Comprehensive Plan Resolution provided under separate cover

Page 67 of 147

Agenda Item Number. 12

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:
Michael H.S. Hughes, AICP, Director Kimberly Roberts, Director

DATE:

March 26, 2013

PURPOSE
To amend the Advantage Financial Budget for the Neighborhood Stabilization Program 1 to reflect current budgets in the States Destroyer Information System.

BACKGROUND
In January, 2013, the Cobb County CDBG Program Office in conjunction with the Cobb County Finance Department completed a comprehensive review of the actual expenditures and budgeted expenditures related to the Countys Neighborhood Stabilization Program 1 in which funds were provided to the County by the Georgia Department of Community Affairs. All NSP1 grant funds allocated by the Georgia Department of Community Affairs have been expended as of March 10, 2013. A review of the previously approved agenda items for DCA-NSP1 funds, approved by the Board of Commissioners on January 13, 2009, November 27, 2009, and February 9, 2010, reflected a detailed breakdown of the funding lines that were incorrect. On August 17, 2011, an additional revision to the NSP1 DCA budget lines were set aside to utilize all remaining NSP1 funds for the acquisition of a multi-family housing unit located on Mulkey Road in Austell, Georgia. This changing of activities from single-family housing to multi-family housing did not receive BOC approval prior to taking place. This budget line revision did not increase or decrease the allocated grant funds. However, to ensure approved budgets are accurately reflected in the Countys Advantage System and all costs are reflective of actual expenditures in the States Destroyer CDBG Program Office has identified a need to adjust expenditure budget lines for this program so they reconcile.
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Agenda Item Number. 12

IMPACT STATEMENT
In 2009, the Georgia Department of Community Affairs [DCA] allocated $ 1,836.823.14 to Cobb County for the acquisition and rehabilitation of multi-family properties that might otherwise become sources of abandonment and blight within the community. These funds were 100% provided by DCA. There is no impact to the County General Fund.

FUNDING
The following budget amendments account for the transfer of NSP funds: Transfer from: 281-390-DC09-0013-6574-0305 281-390-DC09-014A-6574-0305 281-390-DC09-021A-6574-0220 281-390-DC09-021A-6574-0305 Total 281-390-DC09-0001-6574-0305 $143,818.80 $163,926.19 $ 51,000.00 $ 4,322.49 $ 363,067.48 $ 363,067.48

Transfer to:

RECOMMENDATION
The Board of Commissioners amend Cobb Countys Neighborhood Stabilization Program 1 budget lines in the Advantage Financial System for funds allotted to the County from the State of Georgia Department of Community Affairs; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

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Agenda Item Number. 13

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:

March 26, 2013

PURPOSE
To approve a contract with Willis of GA for professional services including marketing insurance and other risk management consultation services for a period of three years with two one-year options.

BACKGROUND
The Risk Management Division of Finance oversees the property and casualty placement of insurance coverages. These coverages include Property Insurance, Boiler-Machinery Insurance, Airport Liability, Fidelity Crime Insurance, Cyber Liability, and other miscellaneous insurance. The professional service of an agent/broker is needed in marketing these types of insurance. In addition, there are occasions where Risk Management needs the consultation of an agent/broker for contractual wording, claims consulting, forensic accounting, review and recommendation on problems with certificates of insurance, and monitoring of market conditions and stability. This year Risk Management issued an RFP for competitive proposal for broker services. An evaluation committee was appointed by the County Manager and consisted of Brett LaFoy, Risk Management, Pat Riley, Legal, Lee Vaughn, Property Management, Bill Shelton, DOT and Rich Frazier, Public Safety. Based on its evaluation, the committee recommends Willis of GA. The total three year contract amount is $165,000 at an annual cost of $55,000 and is included in the annually adopted budget.

FUNDING
Funding is available in the Risk Management Fund budget 710-055-8011-6326.
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Agenda Item Number. 13

RECOMMENDATION
The Board of Commissioners approve a contract with Willis of GA, in the amount of $165,000.00 at an annual cost of $55,000.00, for a period of three years with two one-year options, for professional services including marketing insurance and other risk management consultation services, and authorize the Chairman to execute the necessary documents.

Page 71 of 147

Agenda Item Number. 14

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:

DATE:

March 26, 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

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Resolution

COBB COUNTY BOARD OF COMMISSIONERS

RESOLUTION

ADOPTING ALL BUDGET AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS DATE

WHEREAS, Georgia Law, O.C.G.A. 36-81-3 (b), requires each unit of government to operate under an annual balanced budget adopted by ordinance or resolution; and WHEREAS, Cobb County Code 2-49 provides for revisions to the adopted budget during the year only by formal action of the commission in a regular meeting; and WHEREAS, in official opinion date February 24, 1999, the Attorney General of the State of Georgia concluded that all amendments to the budgets of local government must be adopted by ordinance or resolution; NOW, THEREFORE, BE IT RESOLVED the Cobb County Board of Commissioners does hereby adopt all such budget amendments as are set forth in agenda items which are adopted by the Board of Commissioners without change this date, as well as other such budget amendments as shall be specifically detailed in motions adopted by the Board of Commissions this date.

This 26th of March 2013

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Agenda Item Number. 15

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:

March 26, 2013

PURPOSE
To approve the firm of Butler, Snow, O'Mara, Stevens & Cannada, PLLC to provide Bond Counsel and Issuer's Disclosure Counsel services to the County.

BACKGROUND
On February 21, 2013, a Request for Proposal to Provide Bond Counsel/Issuer' s Disclosure Counsel Services was issued. Responses were received on February 28, 2013 and evaluated by a team composed of John Bergey, Finance, Jeff Petersen, Water Department, James Pehrson, Finance Department and Joe Tommie, Purchasing Department. The County's selection method entitled "Competitive Proposals" was utilized by the committee in evaluating the responses. In the Competitive Proposal method, price is introduced as one of the selection criteria but is not the final/sole determinant. Based on its review of the responses, the evaluation team recommends the firm of Butler, Snow, O'Mara, Stevens & Cannada, PLLC for the Board's approval.

FUNDING
Funding for this type of service relating to the annual Tax Anticipation Note issue is budgeted in the Finance Department as part of the biennual budget process. Alternatively, funding for this type of service relating to the issuance of bonds is paid for with that portion of the bond proceeds designated to pay issuance costs.

RECOMMENDATION
The Board of Commissioners approve the selection of Butler, Snow, O'Mara, Stevens & Cannada, PLLC to provide Bond Counsel/Issuer's Disclosure Counsel services to the County for a period of three years, with a County option to extend for one two-year period contingent upon annual appropriations of funds by the Board of Commissioners, and authorize the Chairman to execute the necessary documents.

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Agenda Item Number. 16

Cobb County Tax Commissioner


Gail Downing, Tax Commissioner P.O. Box 649 Marietta, Georgia 30061-0649 (770) 528-8600 / fax: (770) 528-8679

Comm. Dist.

TO: FROM:

David Hankerson, County Manager Gail Downing, Tax Commissioner This item has been electronically signed by:
Gail Downing, Tax Commissioner

DATE:

March 26, 2013

PURPOSE
To authorize the Tax Commissioner to write off delinquent personal property accounts that were in bankruptcy from 2005 through 2011 and have been released by the US District Bankruptcy Court. These accounts are therefore, uncollectable.

BACKGROUND
Any attempt to collect the attached personal property accounts, released by the Court through bankruptcy proceedings would constitute Contempt of Court on the part of the Tax Commissioners Office.

FUNDING
N/A

RECOMMENDATION
To authorize the Tax Commissioner to write off delinquent personal property accounts, in the amount of $218,239.63,that were in bankruptcy from 2005 through 2011, have been released by the US District Bankruptcy Court, and are therefore uncollectable.

ATTACHMENTS
2013 Personal Property Bankruptcy Accounts

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Agenda Item Number. 17

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:

March 26, 2013

PURPOSE
To approve the minutes of the following meetings: March 7, 2013 - Bus Tour of District 4 March 11, 2013 - Agenda Work Session March 12, 2013 - Regular Meeting of the Board

FUNDING
N/A

ATTACHMENTS
Bus Tour Minutes Agenda Work Session minutes Regular Meeting minutes

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MINUTES OF BUS TOUR OF DISTRICT 4 COBB COUNTY BOARD OF COMMISSIONERS MARCH 7, 2013 9:00 A.M.

Upon notice duly advertised, the Cobb County Board of Commissioners attended a bus tour of Commission District 4 on Thursday, March 7, 2013 at 9:00 a.m., departing from 100 Cherokee Street, Marietta, Georgia. Present and comprising a quorum of the Board were: Chairman Tim Lee Commissioner JoAnn Birrell Commissioner Lisa Cupid Not Present: Commissioner Helen Goreham Commissioner Bob Ott

No official action was taken by the Board.

ADJOURNMENT The tour concluded at 11:59 a.m.

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

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MINUTES OF AGENDA WORK SESSION COBB COUNTY BOARD OF COMMISSIONERS MARCH 11, 2013 9:00 A.M.

Upon notice duly advertised, the Cobb County Board of Commissioners attended an Agenda Work Session on Monday, March 11, 2013 at 9:05 a.m. in the 3rd floor conference room, 100 Cherokee Street, Marietta, Georgia, for the purpose of receiving information and participating in discussion regarding the March 12, 2013 agenda. Present and comprising a quorum of the Board were:

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

No official action was taken by the Board.

ADJOURNMENT The discussion concluded at 9:12 a.m.

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

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 9:00 A.M.

The Regular Meeting of the Cobb County Board of Commissioners was held on Tuesday, March 12, 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 9:08 a.m.

2.

PUBLIC COMMENT MR. CRAIG HARFOOT Mr. Craig Harfoot addressed the Board regarding various issues of concern.

3.

AUTHORIZATION TO ADD THE FOLLOWING NON-AGENDA ITEM TO THIS AGENDA FOR CONSIDERATION: MOTION: Motion by Lee, second by Ott, to authorize the addition of the following non-agenda item to this agenda for consideration: TAB 2, ITEM 22 CONSENT LEGAL To authorize settlement of Eva Pereira v. Cobb County. VOTE: ADOPTED unanimously

4.

CONSENT AGENDA MOTION: Motion by Birrell, second by Goreham, to approve the following items on the Consent Agenda, as revised, and authorize execution of the necessary documents by the appropriate County personnel: WATER SYSTEM AGENCY Administration 4A. APPROVAL OF RANKING OF THE TWO MOST QUALIFIED FIRMS FOR THE WATER SYSTEMS REVENUE ENHANCEMENT REVIEW WATER SYSTEM To approve the ranking of the two most qualified firms for the Water Systems Revenue Enhancement Review, Program No. C0130, and authorize negotiations for final scope of services and fee beginning with the top-ranked firm, URM, utilizing Selection Process 1 (Competitive Negotiations). URM (Utility Revenue Management) ISI Water Company

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 2 4. CONSENT AGENDA (CONT.) WATER SYSTEM AGENCY (CONT.) Engineering 4B. APPROVAL OF CONSTRUCTION CONTRACT WITH G. S. CONSTRUCTION, INC. FOR CHIMNEY SPRINGS PHASE 1 WATER MAIN REPLACEMENT WATER SYSTEM To approve a construction contract with G. S. Construction, Inc., in the amount of $1,187,460.00, for Chimney Springs Phase 1 Water Main Replacement, Program No. W2240, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding is available in the Water Systems Chimney Springs Phase 1 Water Main Replacement, and Asbestos/Cement Water Line Replacement Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2240. Transfer from: Chimney Springs Phase 1 Water Main Replacement Preliminary Estimates 510-500-5754-8005 W2240-Z Asbestos/Cement Water Line Replacement Preliminary Estimates 510-500-5754-8005 W2055-Z Total Transfer to: Chimney Springs Phase 1 Water Main Replacement Construction 510-500-5754-8260 W2240-C Interest Retainage 510-500-5754-6613 Administration 510-500-5754-8205 Materials & Supplies 510-500-5754-8265 Contingency 510-500-5754-8810 W2240-A W2240-A W2240-M W2240-T Total 4C.

$ 760,000.00

$ 463,160.00 $1,223,160.00

$ 1,187,460.00 $ $ $ $ 5,950.00 1,000.00 5,000.00 23,750.00

$1,223,160.00

APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONSTRUCTION CONTRACT WITH CORLEY CONTRACTORS, INC. D/B/A C & L CONTRACTORS FOR SANDLEWOOD COURT SEWER REPAIR WATER SYSTEM To approve Change Order No. 1 (final) to the construction contract with Corley Contractors, Inc. d/b/a C & L Contractors, a savings to the project in the amount of $17,995.00, for Sandlewood Court Sewer Repair, Program No. S1091, 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 Water & Sewer Improvement Revenue Bonds, Series 2009, Adopted CIP Budget for Fund 540, Department 500, Unit 6554, Program No. S1091.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 3 4. CONSENT AGENDA (CONT.) WATER SYSTEM AGENCY (CONT.) Engineering (cont.) 4C. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONSTRUCTION CONTRACT WITH CORLEY CONTRACTORS, INC. D/B/A C & L CONTRACTORS FOR SANDLEWOOD COURT SEWER REPAIR WATER SYSTEM (CONT.) Decrease encumbrance: GAE 500-540011012402 540-500-6554-8260 Transfer from: Sandlewood Court Sewer Repair Construction - Change Order No. 1 (final) 540-500-6554-8260

S1091-C

$17,995.00

S1091-C

$17,995.00

Transfer to: Water & Sewer Improvement Revenue Bonds, Series 2009 Preliminary Estimates 540-500-6552-8005 C6552-Z $17,995.00 4D. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONSTRUCTION CONTRACT WITH SMITH PIPELINE, INC. FOR PINE MOUNTAIN ACRES AREA WATER MAIN REPLACEMENT WATER SYSTEM To approve Change Order No. 1 (final) to the construction contract with Smith Pipeline, Inc., a savings to the project in the amount of $55,309.88, for Pine Mountain Acres Area Water Main Replacement, Program No. W2223, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: No additional funding is required for the Pine Mountain Acres Area Water Main Replacement Adopted CIP Budget for Fund 510, Department 500, Unit 5754, Program No. W2223. Decrease encumbrance: GAE 500 510092711601 510-500-5754-8260

W2223-C

$ 55,309.88

Transfer from: Pine Mountain Acres Area Water Main Replacement Construction Change Order No. 1 (final) 510-500-5754-8260 W2223-C Transfer to: Pine Mountain Acres Area Water Main Replacement Preliminary Estimates 510-500-5754-8005 W2223-Z

$ 55,309.88

$ 55,309.88

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 4 4. CONSENT AGENDA (CONT.) TRANSPORTATION AGENCY Administration 4E. 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 TWO PARCELS ON PAPER MILL ROAD OVER SOPE CREEK BRIDGE REPLACEMENT 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 two (2) parcels on Paper Mill Road over Sope Creek Bridge Replacement, Project No. E1100, adopt a Resolution and Order, and further authorize the Chairman to execute the necessary documents. Parcel No. 2 Ponnambalam Muthiah 3911 Paper Mill Road Marietta, Georgia 30067

5,164.35 sq. ft. right-of-way 320.24 sq. ft. temp. const. easement

Parcel No. 3 Steven F. Askari aka Farzad 107.71 sq. ft. right-of-way Steve Askari and 2,608.11 sq. ft. temp. driveway easement Roya Jamshidi 3930 Paper Mill Road Marietta, Georgia 30067 4F. AUTHORIZATION TO CREATE EIGHT NEW STREET LIGHT DISTRICTS - TRANSPORTATION To authorize the creation of eight new Street Light Districts as follows:
Commission District 1 4 3 1 1 1 1 4 Street Light District Name Bel Aire Unit I Gordon Manor Piedmont Crossing Robinson Glen Sutters Pond The Enclave at Hidden Hills Treymoore, Units II and III Vineyard Place East Type Residential Residential Residential Residential Residential Residential Residential Residential Monthly Rate $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50

Funding is available in the Department's approved FY13 Street Light District Program budget as follows: 235-050-SLD1-6472 (SLD - Energy Electricity)

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 5 4. CONSENT AGENDA (CONT.) TRANSPORTATION AGENCY Airport 4G. APPROVAL OF COBB COUNTY AIRPORTMCCOLLUM FIELD DISADVANTAGED BUSINESS ENTERPRISE PROGRAM GOAL FOR FISCAL YEARS 2012 THROUGH 2014 - TRANSPORTATION To approve the Cobb County AirportMcCollum Field Disadvantaged Business Enterprise (DBE) Program Goal of 10.34 percent for the threeyear period of Fiscal Years 2012 through 2014. Traffic Operations 4H. AUTHORIZATION TO INSTALL A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF CHEROKEE STREET AND MCCOLLUM PARKWAY WITHIN THE CITY OF KENNESAW TRANSPORTATION To authorize the installation of a new traffic signal at the intersection of Cherokee Street and McCollum Parkway within the City of Kennesaw. PUBLIC SERVICES AGENCY Library System 4I. AUTHORIZATION TO ACCEPT DONATION FROM THE COBB LIBRARY FOUNDATION FOR THE PURCHASE OF LIBRARY MATERIALS - LIBRARY To authorize the Cobb County Public Library System to accept $25,000.00 from the Cobb Library Foundation for the purchase of library materials, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: Increase revenue: 270-080-GL03-4920 $25,000 $25,000

Increase expenditure: 270-080-GL03-6154

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 6 4. CONSENT AGENDA (CONT.) SUPPORT SERVICES AGENCY Information Services 4J. APPROVAL OF UPDATED FEE SCHEDULE FOR COBB COUNTY DIGITAL DATA AND MAPPING PRODUCTS AND AUTHORIZATION TO APPROPRIATE THE RESULTING REVENUE FOR USE IN MAINTAINING, DEVELOPING AND DISTRIBUTING THE GIS DIGITAL DATA AND MAINTAINING THE COBB COUNTY ENTERPRISE GIS SYSTEM INFORMATION SERVICES To approve a fee schedule for Cobb County digital data and mapping products, and authorize appropriation of the resulting revenue as it is received for use in maintaining, developing, and distributing the GIS digital data and maintaining the Cobb County Enterprise GIS System. Copy of Data and Map Costs Fee Schedule attached and made a part of these minutes. Funding: Revenue and expense budget to be appropriated in the GIS Capital Project as it is received as follows: 380-035-4639-xxxx (Revenue) 380-035-4639-8005 (Expense) 4K. APPROVAL OF CAPITAL LEASE WITH DELL FINANCIAL SERVICES TO FINANCE THE REPLACEMENT OF UP TO 63 PERSONAL COMPUTERS IN THE THIRD QUARTER OF FY13 INFORMATION SERVICES To approve a capital lease with Dell Financial Services, in an amount not to exceed $57,100.00, to finance the replacement of up to 63 personal computers in the third quarter of FY13, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: Debt service payments for FY13 are estimated to be $7,140.00. Funding for FY13 debt service payments was approved in the FY13 capital projects budget for PC Capital Leases, Unit 4534. Debt service payments for FY14 are estimated to be $14,280.00. Funding for FY14 debt service payments has been requested in the FY14 capital projects budget for PC Capital Leases, Unit 4534. Funding for FY15 and beyond will be requested in the capital projects budget for PC Capital Leases in future budget cycles. A capital lease in an amount not exceed $57,100.00 will provide funding for replacement of the PCs. The capital lease proceeds revenue and the corresponding expenses will be appropriated as follows: Increase revenue: 380-035-4534-4919 (Proceeds) $57,100.00 Increase expense: 380-035-4534-8420 (Computer Equip) $57,100.00 Funding for FY13 debt service payments is available in the Capital Budget for PC Capital Leases with the following budget transfer: Transfer from: 380-035-4534-8420 (Computer Equip) Transfer to: 380-035-4534-6971 (Principal) 380-035-4534-6972 (Interest) $ 7,140.00 $ 6,610.00 $ 530.00

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 7 4. CONSENT AGENDA (CONT.) SUPPORT SERVICES AGENCY (CONT.) Tax Assessor 4L. APPROVAL TO CONVERT VACANT ADMINISTRATIVE SPECIALIST II, PAY GRADE 44 TO AN APPRAISER I PAY GRADE 45 TAX ASSESSOR To approve creating an Appraiser I position (Paygrade 45) in the Residential Division of the Tax Assessors office and eliminate the vacant Administrative Specialist II (Paygrade 44, Position number 1006134). Funding is available in FY13 Salaries Budget (010-065-0960-6012) PUBLIC SAFETY AGENCY Police 4M. AUTHORIZATION TO PURCHASE ESSENTIAL COMMUNICATIONS EQUIPMENT FOR THE MOTOR UNIT POLICE To authorize the purchase of essential communications equipment for the Motor Unit, in an amount not to exceed $34,125.00, and further authorize the corresponding budget transaction. Funding is available with the following budget transfer: Transfer from: 010-015-0145-8852 (Contingency for Unsustainables)

$34,125.00

Transfer to: 010-130-2100-8410 (Radio, TV & Communications Equip) $34,125.00 COMMUNITY DEVELOPMENT AGENCY Planning 4N. APPROVAL OF CHANGES TO HB489 LAND USE MATRIX FOR THE CITY OF POWDER SPRINGS BASED UPON ALTERATIONS APPROVED AS MUTUALLY ACCEPTABLE FROM THE 2013 HB489 MEETINGS OF ELECTED OFFICIALS PLANNING DIVISION To approve changes to the HB489 land use matrix for the City of Powder Springs based upon alterations approved as mutually acceptable from the 2013 HB489 meetings of elected officials. Memorandum dated February 28, 2013 and revised Powder Springs Annexation Matrix attached and made a part of these minutes.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 8 4. CONSENT AGENDA (CONT.) COMMUNITY DEVELOPMENT AGENCY (CONT.) Planning (cont.) 4O. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN COBB COUNTY AND THE CUMBERLAND COMMUNITY IMPROVEMENT DISTRICT THAT OUTLINES THE RELATIONSHIP AND RESPONSIBILITIES IN DEVELOPING AN ILLUSTRATIVE MASTER PLAN AND ZONING OVERLAY DISTRICT FOR THE CORE CUMBERLAND AREA PLANNING DIVISION To approve a Memorandum of Understanding (MOU) between Cobb County and the Cumberland Community Improvement District that outlines the relationship and responsibilities in developing an illustrative master plan and zoning overlay district for the Core Cumberland Area. Copy of MOU attached and made a part of these minutes. Business License 4P. AFFIRMATION OF DECISION BY THE LICENSE REVIEW BOARD TO APPROVE THE LIQUOR, BEER, WINE AND SUNDAY SALES POURING LICENSES AND CORKAGE LICENSE FOR LILLIPUT, INC., D/B/A PARSLEYS CATERING, MARC SOMMERS, LICENSEE BUSINESS LICENSE DIVISION To affirm the February 21, 2013 decision by the License Review Board to approve the liquor, beer, wine, and Sunday sales pouring licenses and corkage license for Lilliput, Inc., d/b/a Parsleys Catering, Marc Sommers, licensee. 4Q. AFFIRMATION OF DECISION BY THE LICENSE REVIEW BOARD TO APPROVE THE BEER AND WINE POURING LICENSES FOR TRULY CIGARS, LLC, D/B/A TRULY CIGARS, LLC KIMBERLY JONES, LICENSEE BUSINESS LICENSE DIVISION To affirm the February 21, 2013 decision by the License Review Board to approve the beer and wine pouring licenses for Truly Cigars, LLC d/b/a Truly Cigars, LLC, Kimberly Jones, licensee. FINANCE 4R. ADOPTION OF RESOLUTION ADOPTING ALL BUDGET AMENDMENTS SET FORTH IN AGENDA ITEMS ON THIS DATE - FINANCE To adopt a resolution adopting all budget amendments set forth in agenda items on this date. Copy of said resolution attached and made a part of these minutes.

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 9 4. CONSENT AGENDA (CONT.) SUPERIOR COURT 4S. AUTHORIZATION TO ACCEPT GRANT FUNDING FROM THE CRIMINAL JUSTICE COORDINATING COUNCIL SUPERIOR COURT To authorize the Superior Court Adult Drug Treatment Court to accept state grant funds provided through the Criminal Justice Coordinating Council, in the amount of $80,642.00, for program costs; authorize the appropriation of the grant funds, and further authorize the Chairman to execute the necessary documents. Funding is available in the Grant Funds FY13 budget with the following appropriation: Increase revenues: 270-225-G459-4467 (CJCC Grant) $80, 642.00 Increase expenditures: 270-225-G459-6176 (Testing) 270-225-G459-6326 (Treatment) SOLICITOR GENERAL 4T. AUTHORIZATION TO APPLY FOR, ACCEPT AND APPROPRIATE GRANT FUNDING FROM THE GOVERNORS OFFICE FOR CHILDREN AND FAMILIES ENFORCING UNDERAGE DRINKING LAWS PROGRAM SOLICITOR GENERAL To authorize the acceptance and appropriation of grant funds from the Governors Office for Children and Families, Enforcing Underage Drinking Laws Program, through the Solicitors Office, in the amount of $75,000.00, for the grant period May 1, 2013 through April 30, 2014; authorize the corresponding budget transactions; authorize the Solicitor General, on behalf of the Chairman, to execute reimbursement requests; and further authorize the Chairman to execute the necessary documents. Funding is requested to be appropriated in the Grant Fund as follows: Appropriate revenue: 270-215-G390-4494 (Other State Revenue) $75,000.00 Appropriate expenditures: 270-215-G390-6326 (Professional Services) $75,000.00 COUNTY CLERK 4U. APPROVAL OF MINUTES COUNTY CLERK To approve the minutes of the following meetings: February 25, 2013 - Agenda Work Session February 26, 2013 - Regular Meeting of the Board

$26,555.00 $54,087.00

Page 90 of 147

MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 10

4.

CONSENT AGENDA (CONT.) COUNTY ATTORNEY 4V. AUTHORIZATION TO SETTLE EVA PEREIRA V. COBB COUNTY COUNTY ATTORNEY To authorize the settlement of Eva Pereira, individually, and as Administratrix of the Estate of Julianna Aldegbemi, deceased, v. Cobb County, Chatfield Contracting, Inc., Mike Cates, Bob Galante, Brian Ricks, and David Montanye; Civil Action File No. 11-1676-42, Superior Court of Cobb County; in terms as discussed in Executive Session on March 11, 2013, and further authorize counsel to prepare and the Chairman to execute any necessary documents for the purpose of settling ongoing litigation. Funding: Increase revenue: Increase revenue: 710-055-8011-4980 (fund balance) $395,000.00 710-055-8011-6608 (trust fund) $395,000.00

CONSENT VOTE: ADOPTED unanimously 5. TRANSPORTATION AGENCY Engineering 5A. APPROVAL OF CONTRACT WITH BALDWIN PAVING COMPANY, INC., FOR DRAINAGE SYSTEM IMPROVEMENTS ON MABRY ROAD - TRANSPORTATION MOTION: Motion by Birrell, second by Ott, to approve contract with Baldwin Paving Company, Inc., in an amount not to exceed $224,934.00, for drainage system improvements on Mabry Road, Project No. E2090, MIS Contract No. 000578, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: 345-050-E002-E209-8761-E2090C Transfer to: 345-050-E002-E209-8762-E2090C $197,554.00 $197,554.00

Available in the Water Systems Miscellaneous County Roadway Improvements Adopted CIP Budget with the following budget transfers: Transfer from: Drainage Improvements Preliminary Estimates 510-500-5756-8005-W4069-Z Transfer to: Mabry Road Drainage System Replacement Construction 510-500-5756-8260-W4268-C Interest Expense on Retainage 510-500-5756-6613-W4268-A

$28,265.00

$27,380.00

135.00

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 11 5. TRANSPORTATION AGENCY Engineering 5A. APPROVAL OF CONTRACT WITH BALDWIN PAVING COMPANY, INC., FOR DRAINAGE SYSTEM IMPROVEMENTS ON MABRY ROAD TRANSPORTATION (CONT.) Meter Purchase Replacement 510-500-5756-8456-W4268-M Contingency 510-500-5756-8810-W4268-T Total VOTE: ADOPTED unanimously 5B. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 AND CHANGE ORDER NO. 1 TO THE CONTRACT WITH JOHNSON LANDSCAPES, INC., FOR PEDESTRIAN IMPROVEMENTS AND STREETSCAPE ON AKERS MILL ROAD - TRANSPORTATION MOTION: Motion by Ott, second by Birrell, to approve Supplemental Agreement No. 1 to the contract with Johnson Landscapes, Inc., in an amount not to exceed $206,510.10, and Change Order No. 1, in the deductive amount of $276,994.94, resulting in a net savings to the project in the amount of $70,484.84, for pedestrian improvements and streetscape on Akers Mill Road, State Project No. STP-0006-00(289), P. I. No. 0006289, Cobb County Project No. TR298, MIS Contract No. 000476, and authorize the Chairman to execute the necessary documents. Funding: A savings to the Grant Fund: Decrease GAE 27011111100000000079: 270-G044-G044-8762-TR298-C VOTE: ADOPTED unanimously 5C. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 AND CHANGE ORDER NO. 1 TO THE CONTRACT WITH JHC CORPORATION FOR COBB PARKWAY PEDESTRIAN IMPROVEMENTS, ALSO KNOWN AS COBB PARKWAY CENTRAL STREETSCAPES - TRANSPORTATION MOTION: Motion by Ott, second by Goreham, to approve Supplemental Agreement No. 1 to the contract with JHC Corporation, in an amount not to exceed $138,042.90, and Change Order No. 1, in the deductive amount of $151,640.10, resulting in a net savings to the project in the amount of $13,597.20, for Cobb Parkway Pedestrian Improvements, also known as Cobb Parkway Central Streetscapes, State P. I. No. 0006983, Cobb County Project No. TR346, MIS Contract No. 000480, and authorize the Chairman to execute the necessary documents. Funding: A savings to the Grant Fund: Decrease GAE 270112211606: 270-050-G048-G048-8762-TR346-C VOTE: ADOPTED unanimously $ 550.00

200.00

$28,265.00

$70,484.84

$13,597.20

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 12 5. TRANSPORTATION AGENCY Traffic Operations 5D. APPROVAL OF CONTRACT WITH R. J. HAYNIE & ASSOCIATES, INC., FOR ADVANCED TRANSPORTATION MANAGEMENT SYSTEM ENHANCEMENTS FOR INCIDENT MANAGEMENT-PHASE 1, AKA ATMS PHASE 7- INTELLIGENT TRANSPORTATION SYSTEM ENHANCEMENTS TRANSPORTATION MOTION: Motion by Goreham, second by Ott, to approve a contract with R. J. Haynie & Associates, Inc., in an amount not to exceed $799,626.50, for Advanced Transportation Management System (ATMS) enhancements for Incident Management-Phase 1, also known as ATMS Phase 7- Intelligent Transportation System (ITS) Enhancements, Project No. E5020, MIS Contract No. 000631, authorize the corresponding budget transaction, and further authorize the Chairman to execute the necessary documents. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfer: Transfer from: 345-050-E005-E502-8761-E5020-C Transfer to: 345-050-E005-E502-8770-E5020-C $799,626.50 $799,626.50

VOTE: ADOPTED unanimously 6. SUPPORT SERVICES AGENCY Property Management 6A. APPROVAL OF CONTRACT WITH JENNINGS INTERIORS, INC., FOR INSTALLATION OF HEATING, VENTILATING AND AIR CONDITIONING MODIFICATIONS FOR 2011 SPLOST PROJECTS AT THE EAST COBB AND SOUTH COBB GOVERNMENT SERVICE CENTERS PROPERTY MANAGEMENT MOTION: Motion by Birrell, second by Cupid, to approve contract with Jennings Interiors, Inc., in the amount of $112,246.00, for installation of Heating, Ventilating, and Air Conditioning modifications for 2011 SPLOST projects at East Cobb Government Service Center, 4400 Lower Roswell Road, and South Cobb Government Service Center, 4700 Austell Road; and authorize the Chairman to execute the necessary documents. Funding is available in the 2011 SPLOST Project Budgets as follows: S. Cobb Govt Svc Ctr HVAC 345-110-E076-8005-C-E0778 E Cobb Govt Svc Ctr HVAC 345-110-E076-8005-C-E0779 VOTE: ADOPTED unanimously

$56,123.00

$56,123.00

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 13

7.

COMMUNITY DEVELOPMENT AGENCY Business License Division 7A. CONDUCT OF APPEAL HEARING TO DETERMINE IF DUE CAUSE EXISTS TO DENY THE COBB COUNTY LIQUOR, BEER, WINE, AND SUNDAY SALES POURING LICENSES FOR AZTECAS PRIMAVERA INC. D/B/A EL TACO AZTECA BAR & GRILL 2, ANGEL VILLEGAS GONZALEZ, LICENSEE BUSINESS LICENSE DIVISION

The Appeal Hearing was opened to determine if due cause exists to deny the Cobb County liquor, beer, wine, and Sunday sales pouring licenses for Aztecas Primavera, Inc. d/b/a El Taco Azteca Bar and Grill 2, 1050 East Piedmont Road, Suite 136-140, Marietta, Georgia, Angel Villegas Gonzalez, licensee. Mr. Gonzalezs application was denied by the Cobb County Business License Division Manager on January 24, 2013, and was subsequently recommended for denial by the License Review Board on February 7, 2013. Mr. Sam Hensley, Jr., attorney for the Business License Division and the License Review Board, gave an opening statement. Ms. Kari Gibbs, attorney for the applicant, gave an opening statement. Mr. Hensley swore in those persons expected to testify. Mr. Hensley called Mr. Paul Foster, Cobb County Business License Division Manager, for the purpose of direct examination. Ms. Gibbs also questioned Mr. Foster. Ms. Gibbs called Mr. Gonzalez for the purpose of direct examination. Mr. Hensley also questioned Mr. Foster. Ms. Gibbs called Ms. Kate Carver, property manager for Piedmont Crossing Shopping Center, for the purpose of direct examination. Mr. Hensley did not question Ms. Carver. On file in the Office of the County Clerk are the following documents submitted by Ms. Gibbs: ETA-1, a packet containing the following copies: o R.A.S.S. workshop completion certificate for Mr. Villegas Gonzalez o Executive Order from the State of Georgia regarding Citation No. 32-1249 o Check No. 8832678138 in the amount of $1,100.00, made payable to the Georgia Department of Revenue o Citation issued by the Georgia Department of Revenue dated January 3, 2012 o Certificate of Service dated April 5, 2012 o Inspection Report issued by the Georgia Department of Revenue dated April 5, 2012 o License to Sell Alcoholic Beverages issued by the Georgia Department of Revenue o Alcoholic Beverage License issued by the City of Kennesaw, Georgia ETA-2, a packet containing the following copies: o DeKalb County Sunday Sales Permit No. 211046 o Cobb County business license certificate No. 901112 o License to Sell Alcoholic Beverages issued by the Georgia Department of Revenue, effective January 1, 2012

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 14

7.

COMMUNITY DEVELOPMENT AGENCY (CONT.) Business License Division (cont.) 7A. CONDUCT OF APPEAL HEARING TO DETERMINE IF DUE CAUSE EXISTS TO DENY THE COBB COUNTY LIQUOR, BEER, WINE, AND SUNDAY SALES POURING LICENSES FOR AZTECAS PRIMAVERA INC. D/B/A EL TACO AZTECA BAR & GRILL 2, ANGEL VILLEGAS GONZALEZ, LICENSEE BUSINESS LICENSE DIVISION (CONT.) ETA-3, a copy of a R.A.S.S. training manual ETA-4, a copy of Application for Rezoning for Z-11 of 1991, with applicable attachments

Ms. Gibbs provided a closing statement. Mr. Hensley provided closing remarks. Following discussion among the Board, the following motion was made: MOTION: Motion by Birrell, second by Goreham, to overturn the February 7, 2013 decision by the License Review Board, and approve the Cobb County liquor, beer, wine, and Sunday sales pouring licenses for Aztecas Primavera, Inc. d/b/a El Taco Azteca Bar and Grill 2, 1050 East Piedmont Road, Suite 136-140, Marietta, Georgia, Angel Villegas Gonzalez, licensee, for a period of one year, and require that licensee provide documentation to the Business License Division Manager of weekly training meetings upon renewal of said licenses. VOTE: ADOPTED 4-1, Ott opposed 7B. CONDUCT OF SHOW CAUSE HEARING REGARDING THE APPLICATION FOR A TAXI CAB DRIVERS PERMIT BY MARIBEL PANIAGUA ACOSTA - BUSINESS LICENSE DIVISION

The Show Cause Hearing was opened regarding the application for a taxi cab drivers Permit for Ms. Maribel Paniagua Acosta. Ms. Acostas application was denied on January 24, 2013 by the Cobb County Police Department, and was subsequently recommended for approval on February 7, 2013 by the License Review Board. Mr. Sam Hensley, Jr., attorney for the Business License Division and the License Review Board, provided opening remarks and swore in those persons expected to testify. Mr. Hensley called Detective Rusty Creamer, for the purpose of direct examination. Ms. Acosta, who was not represented by an attorney, declined to question Detective Creamer. Ms. Acosta provided opening remarks on her own behalf. Mr. Hensley provided brief closing remarks. Ms. Acosta declined to provide a closing statement. Following discussion among the Board, the following motion was made: MOTION: Motion by Ott, second by Birrell, to overturn the February 7, 2013 decision by the License Review Board and deny the Cobb County taxi cab drivers permit for Ms. Maribel Paniagua Acosta. VOTE: ADOPTED unanimously

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MINUTES OF REGULAR MEETING COBB COUNTY BOARD OF COMMISSIONERS MARCH 12, 2013 PAGE 15

8.

APPOINTMENT BOARD

- AMY LOGGINS - WORKFORCE INVESTMENT

MOTION: Motion by Lee, second by Goreham, to approve the appointment of Ms. Amy Loggins to the Workforce Investment Board, for a term to expire June 30, 2015. VOTE: ADOPTED unanimously

ADJOURNMENT The meeting was adjourned at 10:20 a.m.

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

Page 96 of 147

COBB COUNTY TRANSPORTATION AGENCY REGULAR AGENDA COVER REGULAR MEETING OF MARCH 26, 2013
ITEM NO.

Administration 1 To approve the settlement with Barbecue Street Holdings, LLC in connection with thoroughfare improvements on Jiles Road, Project No. D4130. Engineering 2 To approve a contract with Johnson Landscapes, Inc., for construction of Cooper Lake Road Sidewalk, Project No. E7040, MIS Contract No. 000622. To approve a contract with Baldwin Paving Company, Inc., for sidewalk construction on Steinhauer Road Sidewalk, Project No. E7140, and Rocky Mountain Road Sidewalk, Project No. E7150, MIS Contract No. 000629. To approve Change Order No. 1 (final) to the contract with D & H Construction Company, Inc., for drainage system improvements on Maner Road, Project No. E2050, MIS Contract No. 000558. To authorize the purchase of mitigation credits from Mitigation Credits Sales, LLC, for stream and wetland impacts associated with roadway improvements on Queen Mill Road, Project No. D6200. Traffic Operations 6 To authorize the procurement of hardware and software to upgrade the Regional Transportation Management Center for Advanced Transportation Management Systems-Phase 8, Project No. E5010.

Page 97 of 147

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:

March 26, 2013

PURPOSE
To approve the settlement with Barbecue Street Holdings, LLC in connection with thoroughfare improvements on Jiles Road, Project No. D4130.

BACKGROUND
Jiles Road, from Cobb Parkway (US 41) to Cherokee Street, is an approved thoroughfare improvement project in the 2005 SPLOST Transportation Improvements Program, and is also an approved project in the Atlanta Regional Commission (ARC) Envision6 Transportation Plan, ARC Project No. CO-345. On August 26, 2008, the Board of Commissioners approved a request to determine that circumstances were such that it was necessary to proceed with condemnation proceedings on Barbecue Street Holdings, LLC within the Jiles Road project. On November 4, 2008, Cobb County filed eminent domain to obtain the necessary easements from Barbecue Street Holdings, LLC in order to proceed with the project. The parties have negotiated a settlement of all issues consisting of a monetary settlement and the conveyance of permanent and temporary easements.

FUNDING
Available in the 2005 SPLOST Transportation Improvements Program Fund as follows: 340-050-7504-D413-8748-D4130-R
Page 98 of 147

Agenda Item Number. 1

RECOMMENDATION
The Board of Commissioners approve the settlement with Barbecue Street Holdings, LLC in connection with thoroughfare improvements on Jiles Road, Project No. D4130, and authorize the Chairman to execute the necessary settlement documents.

ATTACHMENTS
Location Map

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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. 2

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To approve a contract with Johnson Landscapes, Inc., for construction of Cooper Lake Road Sidewalk, Project No. E7040, MIS Contract No. 000622.

BACKGROUND
Cooper Lake 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 construction of sidewalk on the south side of Cooper Lake Road, from the existing sidewalk approximately 450 feet east of Laurel Springs Way and continuing to South Cobb Drive. In addition, curb and gutter will be added where needed and drainage structures will be adjusted to accomodate the new sidewalk. The Invitation to Bid was advertised in the Marietta Daily Journal on January 18 and 25, 2013, and on February 1 and 8, 2013. Bids were received on February 14, 2013, from the following companies:

Page 101 of 147

Agenda Item Number. 2

Company Johnson Landscapes, Inc. Skinner Development, Inc. Summit Construction and Development, LLC CMC, Inc. Lewallen Construction Company, Inc. CMES, Inc. Glosson Enterprises, LLC Baldwin Paving Company, Inc. Chatfield Contracting, Inc.

Bid Amount $236,590.85 $247,512.60 $254,969.28 $257,810.50 $258,790.00 $271,530.00 $285,669.10 $296,632.26 $374,058.85

Non-responsive bids were received from GS Construction, Inc., and Shaheeds Construction, Co. The low bid of $236,590.85 from Johnson Landscapes, Inc., was reviewed and found to be reasonable and responsive. Bid tabulation consisted of $214,752.10 in roadway costs and $21,838.75 in Water System costs. The completion date for this project is 90 consecutive calendar days from issuance of Notice to Proceed.

FUNDING
Available in the 2011 SPLOST Transportation Improvements Program Fund with the following budget transfers: Transfer from: Transfer to: 345-050-E007-E704-8761-E7040-C 345-050-E007-E704-8762-E7040-C $214,752.10 $214,752.10

Available in the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z $22,583.75

Page 102 of 147

Agenda Item Number. 2

Transfer to: Cooper Lake Road Sidewalk Construction Interest on Retainage Meter Purchase Replacement Contingency Total

510-500-5756-8260-W4276-C 510-500-5756-6613-W4276-A 510-500-5756-8456-W4276-M 510-500-5756-8810-W4276-T

$21,838.75 $ $ $ 110.00 200.00 435.00

$22,583.75

RECOMMENDATION
The Board of Commissioners approve a contract with Johnson Landscapes, Inc., in an amount not to exceed $236,590.85, for construction of Cooper Lake Road Sidewalk, Project No. E7040, MIS Contract No. 000622, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 103 of 147

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PROJECT: Cobb County Department of Transportation Cooper Lake Road Sidewalk Project No. E7040

DATE: March 26, 2013

Notes: Commission District 2

Page 104 of 147

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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. 3

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To approve a contract with Baldwin Paving Company, Inc., for sidewalk construction on Steinhauer Road Sidewalk, Project No. E7140, and Rocky Mountain Road Sidewalk, Project No. E7150, MIS Contract No. 000629.

BACKGROUND
Steinhauer Road Sidewalk and Rocky Mountain Road Sidewalk are approved school related sidewalk projects in the Sidewalks Component of the 2011 SPLOST Transportation Improvements Program. The projects consist of the construction of sidewalk on the west side of Steinhauer Road, from Shallowford Road to Rocky Mountain Road, and on the south side of Rocky Mountain Road, from Rocky Mountain Elementary School to Steinhauer Road. The Invitation to Bid was advertised in the Marietta Daily Journal on February 1, 8, 15, and 22, 2013. Bids were received on February 28, 2013, from the following companies: Company Baldwin Paving Company, Inc. Summit Construction & Development, LLC CMES, Inc. Pinnacle International, Inc. Bid Amount $353,623.20 $362,142.02 $393,202.50 $419,911.80

Page 105 of 147

Agenda Item Number. 3

The low bid of $353,623.20 from Baldwin Paving Company, Inc., was reviewed and found to be reasonable and responsive. Bid tabulation consisted of $318,428.45 in roadway costs and $35,194.75 in Water System costs. The completion date for this project is 120 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-E714-8761-E7140-C 345-050-E007-E715-8721-E7150-E 345-050-E007-E715-8761-E7150-C Transfer to: 345-050-E007-E714-8762-E7140-C 345-050-E007-E715-8762-E7150-C $264,683.45 $ 20,745.00 $ 33,000.00 $231,129.95 $ 87,298.50

Available in the Water Systems SPLOST Projects-Relocate Lines Adopted CIP Budget with the following budget transfers: Transfer from: SPLOST Projects-Relocate Lines Preliminary Estimates Transfer to: Steinhauer Road Sidewalk Construction Interest Expense on Retainage Contingency Total Transfer to: Rocky Mountain Road Sidewalk Construction Interest Expense on Retainage Contingency Total
Page 106 of 147

510-500-5756-8005-W4069-Z

$ 36,074.75

510-500-5756-8260-W4279-C 510-500-5756-6613-W4279-A 510-500-5756-8810-W4279-T

$23,039.00 $ $ 115.00 460.00

$23,614.00

510-500-5756-8260-W4278-C 510-500-5756-6613-W4278-A 510-500-5756-8810-W4278-T

$12,155.75 $ $ 60.00 245.00

$12,460.75

Agenda Item Number. 3

RECOMMENDATION
The Board of Commissioners approve a contract with Baldwin Paving Company, Inc., in an amount not to exceed $353,623.20, for sidewalk construction on Steinhauer Road Sidewalk, Project No. E7140, and Rocky Mountain Road Sidewalk, Project No. E7150, MIS Contract No. 000629, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Location Map

Page 107 of 147

LOCATION MAP
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Cobb County Department of Transportation

PROJECT: Steinhauer Road Sidewalk Project No. E7140 Rocky Mountain Road Sidewalk Project No. E7150

DATE: March 26, 2013

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Page 108 of 147

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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. 2

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To approve Change Order No. 1 (final) to the contract with D & H Construction Company, Inc., for drainage system improvements on Maner Road, Project No. E2050, MIS Contract No. 000558.

BACKGROUND
Drainage System Improvements is an approved component in the 2011 SPLOST Transportation Improvements Program. Maner Road is classified as a minor collector in the Countys Major Thoroughfare Plan. The existing 36-inch corrugated metal pipe crossing under Maner Road deteriorated and was in need of replacement. The project consisted of replacing the deteriorated pipe with reinforced concrete pipe, extending the existing 18-inch pipe on the north side of the road, and constructing 90 feet of curb and gutter. A new catch basin was also included in the scope. On December 7, 2010, the Board of Commissioners approved the 2011 Countywide Unit Price Contracts. In an effort to ensure the most competitive pricing possible, current Unit Price Contractors were given the opportunity to offer quotes for this project, reflecting current market conditions. On June 12, 2012, the Board approved a contract with D & H Construction Company, Inc., for drainage system improvements on Maner Road.

Page 109 of 147

Agenda Item Number. 4

Details for action requested are as follows: Change Order No. 1 (final) to the 2011 Countywide Unit Price Contract with D & H Construction Company, Inc., a savings to the project in the amount of $43,109.50, is requested due to variations between the original and final plan quantities, including underruns in rock excavation, graded aggregate base, and 12-inch water main. These are the final changes necessary to close this project with D & H Construction Company, Inc. Original Contract Change Order No. 1 (final) Revised Contract $105,152.00 ($ 43,109.50) $ 62,042.50

FUNDING
A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345061212409: 345-050-E002-E205-8762-E2050-C $19,939.50

A savings to the Water Systems Miscellaneous County Roadway Improvements Adopted CIP Budget with the following budget transfers: Decrease GAE 510061212409: Transfer from: Maner Road Construction Change Order No. 1 Transfer to: Miscellaneous County Roadway Improvements Preliminary Estimates 510-500-5756-8005-W4072-Z 510-500-5756-8260-W4266-C $23,170.00 510-500-5756-8260-W4266-C $23,170.00

$23,170.00

RECOMMENDATION
The Board of Commissioners approve Change Order No. 1 (final) to the contract with D & H Construction Company, Inc., a savings to the project in the amount of $43,109.50, for drainage system improvements on Maner Road, Project No. E2050, MIS Contract No. 000558, authorize the corresponding budget transactions, and further authorize the Chairman to execute the necessary documents.

Page 110 of 147

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. 4

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To authorize the purchase of mitigation credits from Mitigation Credits Sales, LLC, for stream and wetland impacts associated with roadway improvements on Queen Mill Road, Project No. D6200.

BACKGROUND
Queen Mill Road is an approved roadway safety and operational improvements project in the 2005 SPLOST Transportation Improvements Program. This project consists of numerous roadway safety and operational improvements along Queen Mill Road which include the realignment of multiple horizontal and vertical curves, as well as the installation of sidewalk, curb and gutter, and drainage. The total project length is 1.03 miles. The proposed purchase of mitigation credits will impact 367 linear feet of perennial and intermittent streams in the project area. In addition, there will be an impact to wetlands of 0.11 acres. Mitigation for the disturbance of streams and wetlands is a requirement of the U.S. Army Corps of Engineers Section 404 Nationwide Permit 14, which has been submitted for this project. It has been determined that on-site mitigation is not feasible. A purchase of 1,529.06 stream mitigation credits and 0.11 wetland mitigation credits from an approved U.S. Army Corps of Engineers credit mitigation bank has been determined to be the appropriate mitigation.

Page 111 of 147

Agenda Item Number. 5

FUNDING
Available in the 2005 SPLOST Transportation Improvements Program with the following budget transfer: Transfer from: Transfer to: 340-050-7506-D620-8721-D6200-E 340-050-7506-D620-8722-D6200-E $45,563.68 $45,563.68

RECOMMENDATION
The Board of Commissioners authorize the purchase of mitigation credits from Mitigation Credit Sales, LLC, in an amount not to exceed $45,563.68, for stream and wetland impacts associated with roadway improvements on Queen Mill Road, Project No. D6200, and authorize the corresponding budget transaction.

ATTACHMENTS
Location Map

Page 112 of 147

LOCATION MAP
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PROJECT: Cobb County Department of Transportation Queen Mill Road

Project No. D6200

Notes: Commission District 4

Page 113 of 147

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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. 1

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To authorize the procurement of hardware and software to upgrade the Regional Transportation Management Center for Advanced Transportation Management Systems-Phase 8, Project No. E5010.

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 completion of the Regional Transportation Management Center (RTMC) in 2010 enhanced the Countys ATMS by providing improved centralized monitoring and control of traffic signal systems, effective incident management, and rapid communication of traffic conditions. The financial benefits value of the RTMC operations related to the ATMS includes annual travel time savings estimated at $829,000.00. Over the years, various elements of the Countys ATMS have been upgraded to leverage rapidly advancing technology. Additional upgrades and improvements will continue to ensure optimal performance of the RTMC, as well as compatibility with regional traffic management systems. On October 9, 2012, the Board authorized the procurement of the Key West hardware/software to enhance the NaviGator software system, which was initially installed in 1995. On December 11, 2012, the Board authorized the procurement of professional services, software, hardware, and equipment for the upgrade and enhancement of the Departments Geographic Information System, Survey, Traffic Signals and RTMC projects.
Page 114 of 147

Agenda Item Number. 6

On January 22, 2013, the Board authorized the procurement of equipment, hardware and software for additional upgrades to the RTMC. Details for action requested are as follows: Additional computers and monitors for the control room are required to address the increasingly complex computing functions, to include dual computers and monitors. The existing Control Room Management Suite software is now outdated and not compatible with many of the current software programs utilized. The software requires upgrading to provide operating system compatibility and enhanced security features. The Department recommends procurement of the necessary hardware and software upgrades, in an amount not to exceed $80,000.00. Established County purchasing procedures will be followed for these procurements.

FUNDING
Funding is 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-E501-6258-E5010-O 345-050-E005-E501-6262-E5010-O 345-050-E005-E501-6386-E5010-O 345-050-E005-E501-6491-E5010-O 345-050-E005-E501-8005-E5010-P $80,000.00 $21,366.90 $24,264.93 $25,144.30 $ 1,306.67 $ 7,917.20

RECOMMENDATION
The Board of Commissioners authorize the procurement of hardware and software, in an amount not to exceed $80,000.00, to upgrade the Regional Transportation Management Center for Advanced Transportation Management Systems-Phase 8, Project No. E5010, and further authorize the corresponding budget transactions.

Page 115 of 147

COBB COUNTY COMMUNITY DEVELOPMENT AGENCY REGULAR AGENDA COVER REGULAR MEETING OF MARCH 26, 2013
ITEM NO.

Planning 1 To authorize staff to pursue a mid-year Comprehensive Plan Amendment process to evaluate specific areas of Austell Road.

Page 116 of 147

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:

March 26, 2013

PURPOSE
To authorize staff to pursue a mid-year Comprehensive Plan Amendment process to evaluate specific areas of Austell Road.

BACKGROUND
Periodically, situations occur on corridors or properties that necessitate actions to be taken out of the normal yearly Comprehensive Plan Amendment process. These could be issues that may be potentially controverisal; issues that may have a major impact on the health, safety, or general welfare of the community; or issues that necessitate a change in policy such as passage of a small area master plan or a corridor study. After the passage of the Austell Road Corridor Livable Centers Initiative Study in 2007, staff proposed alterations to the land use plan along the corridor as desribed in the study document, which the Board of Commissioners approved in 2008. Unfortunatley, this only changed the land use dynamics on a small portion of the corridor. Currently, Staff is recommending a more comprehensive evaluation of the entire Austell Road corridor from South Cobb Drive to the city limits of Austell. The evaluation of the corridor will be undertaken in a manner that seeks to concentrate a higher intensity of development in the area surrounding Wellstar Cobb Hospital while making more appropriate transitions in scale in other sectors of the corridor. These should be accomplished with the intention of meeting current and anticipated future market demand and enable private investment that will assist redevelopment along the corridor.

Page 117 of 147

Agenda Item Number. 1

In pursuing this mid-year Comprehensive Plan Amendment, staff will undertake the normal process of evaluating the proposal, notification of property owners via letter, area road signs to inform the community, and public hearings with the Planning Commission and Board of Commissioners. In addition, staff will also host a Public Information Meeting with property owners to answer questions about the recommended changes prior to the Planning Commission public hearing. The Public Information Meeting is warranted in this case because the proposal is being considered out of the normal annual amendment cycle.

FUNDING
N/A. Existing Community Development Agency budget allocations can cover the cost of this agenda item.

RECOMMENDATION
The Board of Commissioners authorize staff to pursue a mid-year Comprehensive Plan Amendment process to evaluate specific areas of Austell Road.

ATTACHMENTS
Austell Road Map 2013 Mid-year Comprehensive Plan Amendment Timeline

Page 118 of 147

Mid-Year Comprehensive Plan Amendment Proposal Area


Cheatham Hill Rd
er wd o P gs rin p S St

n Rd

Marietta

B Erne st k arre tt P

d Sa n

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n Joh

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tla nt a

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Old Concord Rd

ll Rd

Hicks Rd

Hurt Rd

Auste

Church Rd Ha rri sR d

Hurt Rd

Anderson Farm Rd

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Smyrna

Clay Rd

Austell

Max ha m Rd

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Page 119 of 147

Ward St

wy
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Rd

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Wi nd

Calla Rd way
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bb Co Dr
Pat Mell Rd

Windy Hill Rd

tH Flin d ill R

Floyd Rd

2013 Mid-year Comprehensive Plan Amendment Timeline

March 26, 2013

Board of Commissioner Authorization to pursue a Comprehensive Plan Amendment Mail property owners letters pertaining to Comprehensive Plan Amendment Deadline for placement of area road signs Marietta Daily Journal legal advertising for Comprehensive Plan Amendment Public Information Meeting on Comprehensive Plan Amendment Planning Commission Public Hearing on mid-year Comprehensive Plan Amendment Board of Commissioner Public Hearing on mid-year Comprehensive Plan Amendment

May 22, 2013

May 27, 2013 June 2013

June 18, 2013 July 2, 2013

July 23, 2013

Page 120 of 147

COBB COUNTY BOARD OF COMMISSIONERS REGULAR AGENDA COVER REGULAR MEETING OF MARCH 26, 2013
ITEM NO.

Chair (County-wide) 1 To adopt the Audit Committee Charter establishing its purpose and responsibilities in accordance with the Board of Commissioners Resolution, as adopted on July 10, 2012. To adopt the Compensation Committee Charter establishing its purpose and responsibilities in accordance with the Board of Commissioners Resolution, as adopted on July 10, 2012. To recommend appointment of Support Services Director.

Page 121 of 147

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:

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

DATE:

March 26, 2013

PURPOSE
To adopt the Audit Committee Charter establishing its purpose and responsibilities in accordance with the Board of Commissioners Resolution, as adopted on July 10, 2012.

BACKGROUND
On February 28, 2012, the Citizens Oversight Committee presented its final report which included a recommendation to create compensation and audit oversight committees. At its regular meeting on July 10, 2012, the Board of Commissioners adopted a resolution establishing an audit committee to assist the Board of Commissioners in fulfilling its oversight responsibilities by reviewing and evaluating the Countys financial information, established systems of internal controls and the audit process. The Cobb County Audit Committee members were subsequently appointed on November 27, 2012. The Audit Committee has held several meetings and is presenting its charter for adoption.

FUNDING
N/A

RECOMMENDATION
The Audit Committee recommends the Board of Commissioners adopt its charter in accordance with the Board of Commissioners Resolution, as adopted on July 10, 2012.

ATTACHMENTS
Audit Committee Charter

Page 122 of 147

COBB COUNTY GOVERNMENT AUDIT COMMITTEE CHARTER


PURPOSE: The Cobb County Board of Commissioners created the Audit Committee by the Resolution approved on July 10, 2012. The Audit Committees primary purpose is to assist the Board of Commissioners in fulfilling its oversight responsibilities by reviewing and evaluating the County's Internal Audit function. The Audit Committee will also facilitate open communication between the Board of Commissioners, Elected Officials, Constitutional Officers, County management, the Internal Audit Division, and the external auditors.

COMPONENT STATEMENTS: A. The Audit Committee shall have responsibilities, as necessary to fulfill its purpose, related to: (a) the internal auditors; (b) oversight of management's internal controls, compliance and risk assessment practices; (c) special investigations and whistleblower policies; (d) the external auditors and annual CAFR; and (e) miscellaneous issues related to the financial practices of the County. B. The Commission Resolution, as approved July 10, 2012, is incorporated herein for reference. C. The Committee shall hold regular meetings no less than semi-annually and such other meetings as it deems necessary. D. Meetings shall be conducted under Roberts Rules of Order. E. Members shall comply with the Countys Code of Ethics.

RESPONSIBILITIES: A. Review Internal Audits biennial risk assessment and annual audit plan, audit coverage, countywide risk assessment, long-term audit plans, budget and staffing requirements, Charter, and overall audit quality and compliance with professional standards. B. Receive presentation of the Internal Audit Annual Report from the Internal Audit Division Manager prior to distribution. C. Receive periodic updates, as needed, from the external auditors, regarding their audit activities, findings and recommendations. D. Review the coordination of efforts between the internal and external auditors. E. Provide input and make recommendations regarding Internal Audit priorities, management of the County's Internal Audit operations and processes, allocation of resources to the Internal Audit department, coordination of effort with the external auditors, and County response to both internal and external audit recommendations.

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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:

Board of Commissioners Tim Lee, Chair This item has been electronically signed by:
Tim Lee, Chairman

DATE:

March 26, 2013

PURPOSE
To adopt the Compensation Committee Charter establishing its purpose and responsibilities in accordance with the Board of Commissioners Resolution, as adopted on July 10, 2012.

BACKGROUND
On February 28, 2012, the Citizens Oversight Committee presented its final report which included a recommendation to create compensation and audit oversight committees. At its regular meeting on July 10, 2012, the Board of Commissioners adopted a resolution establishing a compensation committee to assist the Board of Commissioners in fulfilling its oversight responsibilities reviewing compensation and benefit policies and recommending any revisions to these policies and procedures. The Cobb County Compensation Committee members were subsequently appointed on November 27, 2012. The Compensation Committee has held several meetings and is presenting its charter for adoption.

FUNDING
N/A

RECOMMENDATION
The Compensation Committee recommends the Board of Commissioners adopt its charter in accordance with the Board of Commissioners Resolution, as adopted on July 10, 2012.

ATTACHMENTS
Compensation Committee Charter

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COBB COUNTY GOVERNMENT COMPENSATION COMMITTEE CHARTER PURPOSE:


The Cobb County Board of Commissioners created the Compensation Committee by the Resolution approved on July 10, 2012. The Compensation Committee for Cobb County employees will support the mission of Cobb County Government To make Cobb County the best place to live and work through efficient, effective and responsive government that delivers quality services. The committee will achieve this by reviewing and recommending to the Board of Commissioners policies and practices for classification, compensation, and benefits to attract and retain quality employees. The program will be based on principles of fairness, equity and rewarding good performance.

COMPONENT STATEMENTS:
A. The Board of Commissioners will be responsible for approval of any recommendations from the Compensation Committee. B. The Commission Resolution, as approved July 10, 2012, is incorporated herein for reference. C. The County Manager, although not a member, is to attend every meeting other than meetings in which he/she is excused. D. The Human Resources Director, although not a member, is to attend every meeting other than meetings in which he/she is excused. E. Meetings shall be conducted under Roberts Rules of Order. F. Members shall comply with the Countys Code of Ethics G. The Chairman of the Board of Commissioners will serve as Chairman of the Compensation Committee. H. The committee shall elect a vice chair and secretary who will record minutes of meetings.

RESPONSIBILITIES:
A. Develop and recommend to the Board of Commissioners a compensation philosophy and administrative guidelines for Cobb County to attract and retain quality employees based on the principles of fairness, equity, and good performance to insure competitive compensation and benefit practices. B. Review and recommend to the Board of Commissioners actions that may impact policy and/or procedures for total compensation (including benefits). C. Ensure performance management processes reward good performance and are not simply seniority based. D. Review and recommend the Board of Commissioners engage any necessary consultant services. Recommend the scope of work to be conducted, methodologies employed, etc., by said consultant(s) that may be used for conducting external review(s) of classification, compensation, and benefit policy or practices. E. Provide oversight for all reviews (both internal and external) of classification, compensation and benefit policy or practices. Committee recommendations as a result of any review will be presented to the Board of Commissioners.

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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.

TO: FROM:

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

DATE:

March 26, 2013

PURPOSE
To recommend appointment of Support Services Director.

BACKGROUND
I am pleased to present a recommendation from County Manager David Hankerson for Willie A. Hopkins, Jr. to be appointed to the position of Support Services Agency Director. Mr. Hopkins has served 25 years in various positions in the public and private sector managing facilities, building maintenance, and fleet services.

RECOMMENDATION
The Board of Commissioners authorize the appointment of Willie A. Hopkins, Jr. as Support Services Agency Director.

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COBB COUNTY FINANCE REGULAR AGENDA COVER REGULAR MEETING OF MARCH 26, 2013
ITEM NO.

Finance 1 To adopt a Resolution authorizing the issuance of $67,000,000 in original aggregate principal amount of Cobb County, Georgia General Obligation Tax Anticipation Notes, Series 2013.

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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:

March 26, 2013

PURPOSE
To adopt a Resolution authorizing the issuance of $67,000,000 in original aggregate principal amount of Cobb County, Georgia General Obligation Tax Anticipation Notes, Series 2013.

BACKGROUND
Cobb County(the County) provides services to its citizens throughout its fiscal year, but does not collect property taxes to fund those services until after the close of its fiscal year. The billing and collection of taxes in arrears, though in conformance with Georgia law, results in the depletion of the Countys operating funds midway through the fiscal year. The County satisfies its need for operating funds by issuing TANs. Interest on the TANs is tax-exempt which, coupled with their low risk and the Countys superior credit rating, makes them attractive to investors. The practice of issuing TANs has been followed since the early 1980s and provides attractive borrowing rates to the County. On December 11, 2012, the Board of Commissioners authorized the Finance DirectorComptroller, acting with the assistance of The PFM Group, financial advisor, and Butler, Snow, OMara, Stevens & Cannada, PLLC, bond counsel, to proceed with all steps necessary for the issuance of the TANs. Since that time, documents to support the issuance of the TANs have been prepared and reviewed by members of County staff including the County Attorney, as well as the Countys financial advisor, bond counsel, and independent accounting firm, after which they were forwarded to the three rating agencies. Earlier today, the Finance Director-Comptroller, with the assistance of the financial advisor: (i) received and reviewed competitive bids on the sale of the TANs, and (ii) accepted the bid for the purchase of the TANs submitted by, and awarded the sale of the TANs to, the lowest responsive bidder based on lowest net interest cost to the County.
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Agenda Item Number. 1

FUNDING
Interest earnings are included in Finance Department (General Fund) and Fire Fund budgets. Interest expense is included in Finance Department (General Fund) and Fire Fund budgets. Issuance costs have been budgeted in the Finance Department (General Fund) budget.

RECOMMENDATION
The Board of Commissioners adopt the TANs Resolution pertaining to the issuance of the TANs which, among other matters, includes the following stipulations: Authorizes the issuance of the $67,000,000 in original aggregate principal amount of "Cobb County, Georgia General Obligation Tax Anticipation Notes, Series 2013" Ratifies and confirms the acceptance of the bid for purchase of the TANS from, and the award of the sale of the TANs to, the lowest responsive bidder by the Finance DirectorComptroller on behalf of the County earlier today, and Authorizes the Chairman and certain other officers if the County to execute all documents necessary to accomplish the foregoing. ATTACHMENT The TANs Resolution in a substantially final pre-pricing form will be provided under separate cover on the day of the meeting.

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COBB COUNTY SUPERIOR COURT REGULAR AGENDA COVER REGULAR MEETING OF MARCH 26, 2013
ITEM NO.

Superior Court 1 To authorize acceptance of grant funds from The Criminal Justice Coordinating Council to establish and fund a new Mental Health Court.

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Agenda Item Number. 1

Superior Court of Cobb County


Tom Charron, Court Administrator 30 Waddell Street Marietta, Georgia 30090 (770) 528-1800

Comm. Dist.

TO: FROM:

David Hankerson, County Manager Tom Charron, Court Administrator This item has been electronically signed by:
Tom Charron, Court Administrator

DATE:

March 26, 2013

PURPOSE
To authorize acceptance of grant funds from The Criminal Justice Coordinating Council to establish and fund a new Mental Health Court.

BACKGROUND
The Superior Court of Cobb County consulted with the Cobb County Sheriffs Office and learned that an estimated 60 percent of their population is under some kind of psychiatric services. The Superior Court applied for and received grant funds in October of 2012 in the amount of $160,847.00 to establish a new Mental Health Court. The grant period will be for the period of October 1, 2012 to June 30, 2013. These funds will be used for the costs associated with treatment, drug testing, and personnel services. Treatment services will be provided by the Cobb County Community Services Board and funded by this grant.

IMPACT STATEMENT
Although there is no requirement for a local match, there will likely be an impact on the Countys General Fund in Superior Courts personnel services budget. The Mental Health Court will eventually have staff assigned to it. The organization chart calls for a Mental Health Court Director and an Administrative Assistant. In all likelihood, future grant funding will not be sufficient enough to cover both of these positions and the operations of the Mental Health Court. Additional funding would be required and if no other grant funding sources are available the General Fund would be responsible for the difference.
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Agenda Item Number. 1

FUNDING
Funding is available in the Grant Funds FY 2013 budget with the following appropriation: Increase Revenues: Increase Expenditures: 270-225-G801-4467 (CJCC Grant) 270-225-G801-6012 (Salaries) 270-225-G801-6176 (Drug Testing) 270-225-G801-6326 (Treatment) $160,847.00 $ 53,562.00 $ 53,562.00 $ 53,723.00 ____________ $160,847.00

RECOMMENDATION
The Board of Commissioners authorize the Superior Court to accept state grant funds provided through the Criminal Justice Coordinating Council in the amount of $160,847 for purpose of establishing a new Mental Health Court program; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.

ATTACHMENTS
Award document

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PUBLIC COMMENT (CONCLUSION OF MEETING) MARCH 26, 2013 Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.

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APPOINTMENTS AGENDA COVER REGULAR MEETING OF MARCH 26, 2013


ITEM NO.

To appoint Erica Clements to the Community Relations Council Board.

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Agenda Item Number. 1

Cobb County Board of Commissioners


JoAnn K. Birrell, Commissioner, District 3 100 Cherokee Street, Suite 300 Marietta, Georgia 30090-7000 (770) 528-3317 / fax: (770) 528-2606

Comm. Dist. 3

TO: FROM:

David Hankerson, County Manager JoAnn K. Birrell, Commissioner, District 3 This item has been electronically signed by:
JoAnn K. Birrell, Commissioner, District 3

DATE:

March 26, 2013

PURPOSE
To appoint Erica Clements to the Community Relations Council Board.

BACKGROUND
A vacancy on the Community Relations Council exists due to the unexpired term of Rev. Evelyn Taylor whose service has been very much appreciated.

RECOMMENDATION
The Board of Commissioners appoint Erica Clements to the Community Relations Council, for a term balance to expire on 12/31/2013.

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COMMISSIONERS' PUBLIC ADDRESS MARCH 26, 2013 (Per Section 2.01.01 of the Rules of Procedure of the Board)

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RESPONSE TO PUBLIC COMMENT (FOR INFORMATION ONLY) REGULAR MEETING OF MARCH 26, 2013
ITEM NO.

Response to public comment of February 26, 2013- D.A. King Response to public comment of February 26, 2013- Craig Harfoot

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Agenda Item Number. 1

Cobb County County Attorney's Office


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

DATE:

March 26, 2013

PURPOSE
Response to public comment of February 26, 2013- D.A. King Response to public comment of February 26, 2013- Craig Harfoot

ATTACHMENTS
Letter to D.A. King Letter to Craig Harfoot

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