This is the agenda for the Cobb County (GA) Board of Commissioners meeting on December 17, 2015.
95
December 17, 2015 TAB REGULAR MEETING - CALL TO ORDER - 6:00 PM PRESENTATIONS ...................................................................................................... 1 PUBLIC COMMENT .................................................................................................... 2 CONSENT ................................................................................................................... 3 BOARD OF COMMISSIONERS ..................................................................................... 4 PUBLIC COMMENT .................................................................................................... 5 APPOINTMENTS ........................................................................................................ 6 COMMISSIONERS' PUBLIC ADDRESS .................................................................... 7 RESPONSE TO PUBLIC COMMENT (for information only) ................................... 8 ADJOURN Page 1 of 95
This item has been electronically signed by:JoAnn K. Birrell, Commissioner, District 3
DATE: December 17, 2015
PURPOSE To present donations to the Skip Wells Foundation and the Cobb Wind Symphony.
BACKGROUND The U.S. Army Field Band and Soldier's Chorus wowed the crowd at the Lassiter High School Concert Hall on Veterans Day. We are proud to have been a part of such a magnificent program in Cobb. The sponsorships were overwhelming; as a result, we have $500 to donate to the Skip Wells Foundation for a scholarship for a Sprayberry Band of Gold student and $500 to donate to the Cobb Wind Symphony. Lance Corporal Skip Wells's life was taken this year in the attack on the Armed Services recruiting center in Chattanooga. Mr. Wells was a 2012 graduate of Sprayberry High School where he participated in the band and JROTC programs. After graduation, he attended Georgia Southern University where he was enrolled as a student from 2012 through fall of 2013. After leaving Georgia Southern, he felt a calling to serve in the Marines. As a United States Marine, Wells was dedicated, disciplined and determined. The Cobb Wind Symphony is comprised of adult musicians from all over Cobb County and the Atlanta area. The Symphony was created to provide a musical outlet for musicians and to further the development of band music. Members benefit from the positive musical experiences brought about by music making in the spirit of camaraderie, and from the opportunity to serve the community through a lifelong love of music with concerts in local schools and outdoor venues.
RECOMMENDATION The Board of Commissioners present donation checks to the Skip Wells Foundation and the Cobb Wind Symphony.
Comm. Dist. 3
Agenda Item Number. 1
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PUBLIC COMMENT (BEGINNING OF MEETING)
DECEMBER 17, 2015
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 DECEMBER 17, 2015
ITEM NO.
WATER SYSTEM AGENCY Engineering
1 To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting services for FY17 Northeast Cobb Miscellaneous Water Main Replacement Design, Program No. W2325.
2 To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting services for FY17 West Cobb Miscellaneous Water Main Replacement Design, Program No. W2330.
3 To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting services for FY17 South Cobb Miscellaneous Water Main Replacement Design, Program No. W2335.
PUBLIC SAFETY AGENCY Police
4 To approve a Memorandum of Understanding/Agreement with the State of Georgia, Georgia Emergency Management Agency, Homeland Security for grant program funds passed through the Georgia Emergency Management Agency for the retention of Homeland Security Grant funds.
COMMUNITY DEVELOPMENT AGENCY Planning
5 To adopt annexation response per HB489 Intergovernmental Agreement and HB2 regarding a petition for annexation on 25.4 acre tract known as 4005 Pine Mountain Road in the city of Kennesaw.
Business License
6 To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on December 3, 2015 by the License Review Board for Familia Martinez Inc. d/b/a Vinings Bottle Shop Store 3300 Cobb Pkwy. Atlanta, GA 30339, Gertrudis Martinez , licensee.
7 To review, in accordance with Section 6-207 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on December 3, 2015 by the Cobb County License Review Board for Ambrosio Martinez.
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FINANCE
8 To adopt a resolution adopting all budget amendments set forth in agenda items on this date.
SUPERIOR COURT
9 To authorize a three percent increase to the county supplement paid to Superior Court Judges and the District Attorney on February 1, 2016 when merit becomes effective for all county employees.
10 To authorize the acceptance and appropriation of a Criminal Justice Coordinating Council supplemental grant award to support the Veteran’s Treatment Court Program.
STATE COURT
11 The authorize the DUI Court to apply and accept additional grant funding from the Georgia Accountability Court Funding Committee.
COUNTY CLERK
12 To approve the minutes of the following meetings: December 7, 2015 - Special Called Meeting/Agenda Work Session December 8, 2015 - Regular Meeting of the Board
MOTION: Motion to approve the Consent Agenda, and authorize execution of the necessary documents by the appropriate County personnel.
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Cobb County Water System Stephen D. McCullers, P.E., Director
This item has been electronically signed by:Stephen D. McCullers, P.E., Director
DATE: December 17, 2015
PURPOSE To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting services for FY17 Northeast Cobb Miscellaneous Water Main Replacement Design, Program No. W2325.
BACKGROUND This public hearing is requested in accordance with Georgia Laws 1991, Page 4492, as follows:
“ Before the Commission expends County funds of $100,000.00 or more to employ an independent consultant or consulting firm or to conduct an independent study or survey, it shall hold a public hearing thereon. At least 15 days notice of the time and place of the hearing shall be published in a newspaper of general circulation in the County.”
RECOMMENDATION The Board of Commissioners authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00, or more to employ consultant services for FY17 Northeast Cobb Miscellaneous Water Main Replacement Design, Program No. W2325.
ATTACHMENTSPublic Notice
Comm. Dist.
2, 3
Agenda Item Number. 1
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NOTICE OF PUBLIC HEARING COBB COUNTY BOARD OF COMMISSIONERS
Notice is hereby given that on January 26, 2016, at 7:00 p.m., the Board of Commissioners of Cobb County will hold a public hearing regarding consultant or consulting firm services expected to exceed $100,000.00 and involving the following:
Design Services in conjunction with the construction of four water main projects.
FY17 Northeast Cobb Miscellaneous Water Main Replacement Design
Program No. W2325
This public hearing will be held in the 2nd Floor Commissioners’ Meeting Room, Cobb County Building, 100 Cherokee Street, Marietta, Georgia. This December 17, 2015.
Pamela Mabry, County Clerk Cobb County Board of Commissioners
Advertise Dates: January 1st, 8th, and 15th, 2016 Legal Line Advertisement
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Cobb County Water System Stephen D. McCullers, P.E., Director
This item has been electronically signed by:Stephen D. McCullers, P.E., Director
DATE: December 17, 2015
PURPOSE To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting services for FY17 West Cobb Miscellaneous Water Main Replacement Design, Program No. W2330.
BACKGROUND This public hearing is requested in accordance with Georgia Laws 1991, Page 4492, as follows:
“Before the Commission expends County funds of $100,000.00 or more to employ an independent consultant or consulting firm or to conduct an independent study or survey, it shall hold a public hearing thereon. At least 15 days notice of the time and place of the hearing shall be published in a newspaper of general circulation in the County.”
FUNDING N/A
RECOMMENDATION The Board of Commissioners authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00, or more to employ consultant services for FY17 West Cobb Miscellaneous Water Main Replacement Design, Program No. W2330.
ATTACHMENTSPublic Notice
Comm. Dist.
1, 3
Agenda Item Number. 2
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NOTICE OF PUBLIC HEARING
COBB COUNTY BOARD OF COMMISSIONERS
Notice is hereby given that on January 26, 2016, at 7:00 p.m., the Board of Commissioners of Cobb County will hold a public hearing regarding consultant or consulting firm services expected to exceed $100,000.00 and involving the following:
Design Services in conjunction with the construction of four water main projects.
FY17 West Cobb Miscellaneous Water Main Replacement Design
Program No. W2330
This public hearing will be held in the 2nd Floor Commissioners’ Meeting Room, Cobb County Building, 100 Cherokee Street, Marietta, Georgia. This December 17, 2015.
Pamela Mabry, County Clerk Cobb County Board of Commissioners
Advertise Dates: January 1st, 8th , and 15th, 2016 Legal Line Advertisement
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Cobb County Water System Stephen D. McCullers, P.E., Director
This item has been electronically signed by:Stephen D. McCullers, P.E., Director
DATE: December 17, 2015
PURPOSE To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting services for FY17 South Cobb Miscellaneous Water Main Replacement Design, Program No. W2335.
BACKGROUND This public hearing is requested in accordance with Georgia Laws 1991, Page 4492, as follows:
“Before the Commission expends County funds of $100,000.00 or more to employ an independent consultant or consulting firm or to conduct an independent study or survey, it shall hold a public hearing thereon. At least 15 days notice of the time and place of the hearing shall be published in a newspaper of general circulation in the County.”
FUNDING N/A
RECOMMENDATION The Board of Commissioners authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ consultant services for FY17 South Cobb Miscellaneous Water Main Replacement Design, Program No. W2335.
ATTACHMENTSPublic Notice
Comm. Dist.
2, 4
Agenda Item Number. 3
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NOTICE OF PUBLIC HEARING COBB COUNTY BOARD OF COMMISSIONERS
Notice is hereby given that on January 26, 2016, at 7:00 p.m., the Board of Commissioners of Cobb County will hold a public hearing regarding consultant or consulting firm services expected to exceed $100,000.00 and involving the following:
Design Services in conjunction with the construction of four water main projects.
FY17 South Cobb Miscellaneous Water Main Replacement Design
Program No. W2335
This public hearing will be held in the 2nd Floor Commissioners’ Meeting Room, Cobb County Building, 100 Cherokee Street, Marietta, Georgia. This December 17, 2015.
Pamela Mabry, County Clerk Cobb County Board of Commissioners
Advertise Dates: January 1st, 8th, and 15th, 2016 Legal Line Advertisement
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Cobb County Police Department John R. Houser, Police Chief
140 North Marietta Parkway Marietta, Georgia 30060-1454
TO: David Hankerson, County Manager
FROM: John R. Houser, Police Chief
This item has been electronically signed by:John R. Houser, Police Chief Sam Heaton, Director of Public Safety
DATE: December 17, 2015
PURPOSE To approve a Memorandum of Understanding/Agreement with the State of Georgia, Georgia Emergency Management Agency, Homeland Security for grant program funds passed through the Georgia Emergency Management Agency for the retention of Homeland Security Grant funds.
BACKGROUND
The Board of Commissioners previously approved the Consent Agenda Item #13, dated October 13, 2015, to authorize the application and acceptance of Fiscal Year 15 Department of Homeland Security grant program funds passed through the Georgia Emergency Management Agency. However, GEMA has indicated that they would prefer to make these purchases on behalf of the Department. This award is specifically designated for the purchase of the following items: Bomb Suits and Helmets, All-Terrain Vehicle with Support Trailer, Portable Metal Detectors, X-ray Equipment, and Custom Backpacks for Dismounted EOD Operations. The total value of these items is anticipated to be $156,800.00, as stated in the previous agenda item. These items will be purchased by the State and delivered to the Police Department Bomb Squad. Upon receipt of the items, it will be identified and placed in the fixed asset inventory. Therefore, the department requests to amend the previous agenda item and reverse the previous funding statement to reflect this change.
Comm. Dist. All
Agenda Item Number. 4
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IMPACT STATEMENT There is no local match requirement. The county will be responsible for any ongoing maintenance and the purchase of a tag for the support trailer.
FUNDING N/A
RECOMMENDATION The Board of Commissioners approve the Memorandum of Understanding/Agreement with theState of Georgia, Georgia Emergency Management Agency, Homeland Security for the retention of Homeland Security grant funds, and authorize the Chairman to execute the necessary documents.
HOMELAND SECURITY GRANT PROGRAM FUNDING ON BEHALF OF THE
COBB COUNTY POLICE DEPARTMENT
1. PARTIES. The parties to this Agreement are the State of Georgia and the Cobb County, Georgia, a local unit of government located within the State of Georgia.
2. AUTHORITY. This Agreement is authorized under the provisions of Ga. Const. Art. IX, Sect. III,
Para. I.
3. PURPOSE. The purpose of this Agreement is to set forth terms by which the State of Georgia shall expend Homeland Security Grant Program funding on behalf of local governments located within the State of Georgia. On August 14, 2015, the United States Department of Homeland Security issued Grant Award Number EMW-2015-SS-00065-S01 to the State of Georgia. Under this grant, the State of Georgia must allocate grant funding to local units of government. Also under this grant, the State of Georgia may retain grant funding allocated to local units of government for expenditures made by the State on behalf of local units of government with written consent specifying the amount of funds to be retained by the state and the intended use of the funds.
4. RESPONSIBILITIES: The Cobb County Police Department, Cobb County, Georgia, has requested
that the State of Georgia retain and expend local share Homeland Security Grant Program funding on its behalf for the local, regional and statewide projects listed in Paragraph 5, Projected Costs, in support of the state strategic plan.
Georgia Emergency Management Agency/Homeland Security (GEMA/HS), the State Administrative
Agency, on behalf of the State of Georgia, has agreed to allocate, retain and expend local share Homeland Security Grant Program funding, either directly or via other agencies, contractors or subcontractors, for this project on behalf of the Cobb County Police Department, Cobb County, Georgia, for local, regional and statewide projects as specified in Paragraph 5, Projected Costs of this agreement.
5. PROJECTED COSTS. The following is the preliminary and approximate overall cost breakdown of the projects and costs for which the Cobb County Police Department, Cobb County, Georgia, has requested that the State of Georgia retain local funding and use on its behalf.
Project
Explosive Ordnance Devices (EOD)
Description
Equipment and/or supplies for law enforcement
Total Local Funding
$156,800.00
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Memorandum of Understanding Page 2 of 2
6. OTHER PROVISIONS. Nothing in this Agreement is intended to conflict with current laws or regulations of the State of Georgia or relevant local units of government. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect.
7. EFFECTIVE DATE The terms of this agreement will become effective on the ___ day of
______________________, 2015. 8. MODIFICATION. This agreement may be modified upon the mutual written consent of the parties. 9. TERMINATION. The terms of this agreement, as modified with the consent of both parties, will
remain in effect until the completion of the project identified in Paragraph 5, the expenditure of funding, and the transfer of title to any equipment to the local unit of government, unless earlier terminated by either party. Either party upon sixty (60) days’ written notice to the other party may terminate this agreement.
10. SIGNATURES. By signing this agreement, the signatories represent that they are authorized to sign
this agreement on behalf of their jurisdiction and to bind the jurisdiction to all terms of this agreement.
APPROVED BY:
COBB COUNTY, GEORGIA GEORGIA EMERGENCY MANAGEMENT AGENCY/HOMELAND SECURITY ________________________________ _______________________________ Tim Lee, Chairman Micah Hamrick, Deputy Director Date ____________________________ Date ___________________________
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Cobb County Community Development Agency Dana R. Johnson, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Dana R. Johnson, AICP, Director
This item has been electronically signed by:Dana R. Johnson, AICP, Director
DATE: December 17, 2015
PURPOSE To adopt annexation response per HB489 Intergovernmental Agreement and HB2 regarding a petition for annexation on 25.4 acre tract known as 4005 Pine Mountain Road in the city of Kennesaw.
BACKGROUND On July 27, 2004, the Board of Commissioners entered into intergovernmental agreements with each of Cobb’s municipalities. The agreements serve as the land use dispute resolution process required by HB489. 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, HB2, which enacts a binding dispute-resolution process, became effective.
RECOMMENDATION The Board of Commissioners adopt annexation response per HB489 Intergovernmental Agreement and HB2 regarding a petition for annexation Land Lot 165, 20th District, parcel 20016500050, 2nd Section located on 25.4 acre tract known as 4005 Pine Mountain Road in the City of Austell.
ATTACHMENTSBOC Response to the City of Kennsaw Annexation 4005 Mountain Pine Road
Comm. Dist. 1
Agenda Item Number. 5
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Cobb County Community Development Agency Dana R. Johnson, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Dana R. Johnson, AICP, Director
This item has been electronically signed by:Dana R. Johnson, AICP, Director
DATE: December 17, 2015
PURPOSE To review, in accordance with Section 6-147 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on December 3, 2015 by the License Review Board for Familia Martinez Inc. d/b/a Vinings Bottle Shop Store 3300 Cobb Pkwy. Atlanta, GA 30339, Gertrudis Martinez , licensee.
BACKGROUND On December 16, 1997, theAlcoholic Beverage Ordinance was amended to authorize the License Review Board to conduct a Show Cause Hearing to suspend or recommend to the Cobb County Board of Commissioners suspension or revocation of an Alcoholic Beverage License for due cause. The amendment also provided for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On December 3, 2015, the License Review Board conducted a Show Cause Hearing for Familia Martinez, Inc. d/b/a Vinings Bottle Shop Store, Gertrudis Martinez, licensee, in regard to selling/furnishing an alcoholic beverage to an underage person by Ambrosio Martinez, fifty percent owner and employee of Familia Martinez, Inc. d/b/a Vinings Bottle Shop Store, on October 28, 2015. After conducting the Show Cause Hearing and considering all evidence and testimony presented, and the online questionnaire, the License Review Board recommended a 7-day suspension of the liquor, beer, wine, and Sunday sales package license to be served Monday, January 4, 2016 through Thursday, January 7, 2016 and Monday, January 11, 2016 through Wednesday, January 13, 2016, for Familia Martinez, Inc. d/b/a Vinings Bottle Shop Store, Gertrudis Martinez, licensee. In addition the RASS Workshop is to be completed, and the completion certificate is to be provided to Business License staff by February 1, 2016.
Comm. Dist.
2
Agenda Item Number. 6
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RECOMMENDATION The Board of Commissioners affirm the decision of the License Review Board, following the review of the summary of the Show Cause Hearing of December 3, 2015 for Familia Martinez, Inc. d/b/a Vinings Bottle Shop Store, to suspend the liquor, beer, wine, and Sunday sales package license for 7-days. The suspension is to be served Monday, January 4, 2016 through Thursday, January 7, 2016 and Monday, January 11, 2016 through Wednesday, January 13, 2016. In addition the RASS Workshop is to be completed, and the completion certificate is to be provided to Business License staff by February 1, 2016.
ATTACHMENTSSummary of Show Cause Hearing, December 3, 2015
License Review Board Questionnaire
Agenda Item Number. 6
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Summary of Show Cause Hearing before the Cobb County License Review Board for Familia Martinez, Inc., doing business as, Vinings Bottle Shop, located at 3300 Cobb Pkwy., Atlanta, GA 30339, Gertrudis Martinez, licensee. On December 3, 2015, the hearing was conducted in the Bid Room, 1772 County Services Parkway, Marietta,
Georgia 30008. License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Mr. B.C. Chopra, the attorney for Familia Martinez, Inc., doing business as Vinings Bottle Shop stipulated to the testimony provided in the hearing for Ambrosio Martinez, 50% owner and employee of Vinings Bottle Shop regarding an underage sale during a compliance check on October 28, 2015. Mr. Chopra stated that his client was not denying that the violation occurred. After considering all evidence and testimony presented, pursuant to a motion by Eddie Canon and a second by Milton Beck the License Review Board recommended a 7-DAY SUSPENSION of the liquor, beer, wine, and Sunday sales package license for Familia Martinez, Inc., doing business as Vinings Bottle Shop to be served Monday, January 4, 2016 through Thursday, January 7, 2016 and Monday, January 11, 2016 through Wednesday, January 13, 2016. In addition the RASS Workshop is to be completed, and the completion certificate is to be provided to Business License staff by February 1, 2016.
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Sale/furnishing of an alcoholic beverage to an underage person
No
1. What was the violation(s)?
2. Were there more than one violation?
3. Was the compliance check in regard to a complaint?
4. Did all employees have work permits at the time of the compliance check?
5. How long have you, the licensee, operated the business?
No
Yes
11 years
6. Have there been previous violations at this location or other locations where you were the licensee?
Yes
7. If so, how many, where, and when?
1 in 2005
8. What were the sanctions?
Closed for 7 days
9. Are you remorseful regarding the violation(s) or was it an employee or someone else`s fault?
Yes I am remorseful for what happen
10. Were there written procedures in place prior to the violations or after?
Licensee: GERTRUDIS MARTINEZ
FACTORS TO CONSIDER IN SHOW CAUSE HEARING REGARDING THE LICENSE DUE TO A SALE OF ALCOHOL TO AN UNDERAGE PERSON
Yes before and after11. How are the employees held accountable to follow the policies and procedures of the business?
this was very expensive for the owner/ employee and had to give up responsibilities and have his eyes checked and rely exstensivley on other employees in store
12. What are the consequences for the employee and managers for violations of policies and procedures?
13. What are the consequences for the employee and managers for violations of law/ordinances?
No longer to deal with the register and constant oversight by other employees
As an owner there are potential dire consequences and additionally he will have to deal court consequenses
14. How are the consequences communicated to the employee?
We have direct communication
15. When are the consequences communicated to the employee?
At time of incident
16. Was there training of employees prior to the violation?
Yes
17. Was there training of employees after the violation?
Yes
18. Was there any retraining of employees after the violation?
Yes
19. Will there be any reoccurring training of employees?
Yes
20. How may employees work at this location?
4
21. How many locations are you the licensee?
1
22. What experience do you the owner/licensee have in the sale of alcohol?
I have 10 yrs experience
23. Do you the owner/licensee have a secret shopper program in place?
No
24. What has been the results of the program?
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NA
25. Are you the owner/licensee, managers, and employees familiar with the Georgia Drivers License?
Yes
26. Are you the owner/licensee, managers, and employees familiar with the Georgia Drivers License?
Vertical id under 21 in red
27. Do you the owner/licensee have a point of sale system (i.e. - cash register) which prompts for identification prior to the sale of alcohol?
No
28. Is there an override feature?
No
29. If there is an override feature, who can override the system?
NA
30. What is your policy on when to check ID prior to the sale of alcohol?
Ask everyone for id
31. What type of business is being operated at this location?
Alcohol/tobacco
No
32. Is the type of business being operated at this location different from the type of business that was approved to operate in the original application?
33. Are there cameras in the establishment?
9
Yes
34. If so, how many?
35. How often are they reviewed?
When theft occurs
36. Why are they reviewed?
For information what was taken from our store
37. How long is the video maintained?
2weeks
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38. Has the video been reviewed regarding the violation(s)?
Yes
39. If so, by whom?
Everyone
40. What was determined from the video?
Confusion and made a mistake that shouldn`t b made
41. Have you discussed with the employee that committed the violation what occurred when he/she committed the violation?
Yes
42. What explanation did the employee have regarding the violation?
He was inattentive and tired for non work related exhaustion
43. What has been the consequence to the employee for the violation?
Embarrassment financial and removal of responsibilities
44. What assurance can you provide the LRB that you the owner/licensee and your employees will not sell/provide alcohol in violation of State or County Law again.
Purchased id scanner and in process of purchasing POS system with id scanner.
45. What evidence can you provide the LRB that you and your employees understand State and County law regarding the sale and service of alcohol?
That we purchased id scanner. Id scanner helps erase the potential of other mistakes
46. Do you take responsibility for the actions of your employees and any violations that the employees may commit?
Yes
47. Does the cash register or point of sale system track alcohol sales?
Yes
48. Does the cash register or point of sale system track when they were sold?
Yes
49. Does the cash register or point of sale system track by whom they were sold?
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No
50. Does the cash register or point of sale system track if ID was checked?
No
51. Does the cash register or point of sale system track the Date of Birth prior to the sale of alcohol?
No
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Cobb County Community Development Agency Dana R. Johnson, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Dana R. Johnson, AICP, Director
This item has been electronically signed by:Dana R. Johnson, AICP, Director
DATE: December 17, 2015
PURPOSE To review, in accordance with Section 6-207 of the Alcoholic Beverage Ordinance, a summary of the show cause hearing conducted on December 3, 2015 by the Cobb County License Review Board for Ambrosio Martinez.
BACKGROUND The Alcoholic Beverage Ordinance authorizes the License Review Board to conduct a Show Cause Hearing to suspend or revoke an alcohol permit for due cause. The Ordinance also provides for the Board of Commissioners to review a summary of the Show Cause Hearing and to affirm the decision of the License Review Board or place the matter for a hearing before the Cobb County Board of Commissioners. On December 3, 2015, the License Review Board conducted a Show Cause Hearing for Ambrosio Martinez, fifty percent owner and employee of Vinings Bottle Shop, in regard to the sale/furnishing of alcoholic beverages to an underage person by Mr. Martinez on October 28, 2015 while working at Vinings Bottle Shop, 3300 Cobb Pkwy., Atlanta, GA 30339. After conducting the Show Cause Hearing and considering all evidence and testimony presented, the License Review Board recommended a 14-day suspension of Mr. Martinez’s alcohol permit. The suspension is to be served January 4, 2016 through January 17, 2016.
RECOMMENDATION The Board of Commissioners review the summary of the Show Cause Hearing of December 3, 2015, for Mr. Martinez, and affirm the decision of the License Review Board to suspend his alcohol permit for 14 days.
ATTACHMENTSSummary of Show Cause Hearing, December 3, 2015
License Review Board Questionnaire
Comm. Dist. 2
Agenda Item Number. 7
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Summary of Show Cause Hearing before the Cobb County License Review Board for Ambrosio Martinez, Alcohol Permit, employed at Familia Martinez, Inc., doing business as, Vinings Bottle Shop, located at 3300 Cobb Pkwy., Atlanta, GA 30339. On December 3, 2015, the hearing was conducted in the Bid Room, 1772 County
Services Parkway, Marietta, Georgia, 30008 License Review Board Chairperson Judy Skeel began the hearing by reading the agenda item. All witnesses were given the oath by License Review Board attorney Sam Hensley, Jr. Sgt. Bonnie Smith stated that she and Det. Anthony Argano of the Cobb County Police Department Regulatory Services and Permits Unit conducted a compliance check at Vinings Bottle Shop on October 28, 2015. Sgt. Smith stated she entered the store followed by an underage volunteer at approximately 6:04p.m. Sgt. Smith stated that she observed the underage volunteer take a one and a half pint bottle of Smirnoff Ice to the counter where she purchased it from the clerk, Ambrosio Martinez, with a police marked twenty dollar bill. Sgt. Smith stated that Mr. Martinez did look at the underage volunteer’s driver’s license. Sgt. Smith stated that the underage volunteer left the store with the Smirnoff Ice, which she took directly to Det. Argano who was in the parking lot. Sgt. Smith stated that she then identified herself to Mr. Martinez as a police officer and informed him that he sold alcohol to an underage person. Sgt. Smith stated that Mr. Martinez’s excuse for the underage sale was that he was tired. Sgt. Smith stated that Det. Argano entered the business and returned the bottle of Smirnoff, returned the change from the purchase, and retrieved the marked twenty dollar bill used to make the purchase. Sgt. Smith stated that she issued a citation to Mr. Ambrosio for selling alcohol to a minor. Sgt. Smith provided the License Review Board with a copy of a picture of the beer purchased, a picture of the twenty dollar bill used to purchase the beer, and a copy of the underage volunteer’s driver’s license. B.C. Chopra, attorney for Familia Martinez, Inc., doing business as, Vinings Bottle Shop and Ambrosio Martinez stated that this incident was the second offence for the business jn ten years. Mr. Chopra stated that Mr. Martinez held an alcohol permit to work in the business. He further clarified that Mr. Martinez’s wife, Gertrudis Martinez, is the licensee of the business. Mr. Chopra stated that Vinings Bottle Shop is a small family owned and operated business and Ms. Martinez, the licensee, was not in the store when the underage sale took place. Mr. Martinez stated that he takes full responsibility for the underage sale and he stated that he was sorry that it happened. Mr. Martinez verified that he is married to the licensee of the store and he is 50% owner of the business. Mr. Martinez stated that he was willing to surrender his permit for a lighter sanction against the business because it is his family’s livelihood. Mr. Martinez stated that he was tired the evening of the incident and he miscalculated the underage volunteer’s age. Bill Rowling, attorney for the Cobb County Police Department, pointed out that the underage volunteer’s driver’s license was clearly a vertical “Under 21” driver’s license. Mr. Rowling pointed out that not only was her driver’s license vertical, but “Under 21” in red letters was printed on the underage volunteer’s driver’s license. Mr. Rowling stated that there was no reason to calculate her age because her driver’s license made it easy. It stated she was under twenty one years of age
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Page 2 Ambrosio Martinez Show Cause Hearing, December 5, 2015 As a point of clarification, Sam Hensley verified that Mr. Martinez was not the individual who sold alcohol to an underage person in 2005. Mr. Chopra reiterated that Mr. Martinez was willing to surrender his alcohol permit. He stated that Mr. Martinez works the register only 5 to ten percent of the time that he is in the store. It was explained to Mr. Martinez that if he surrendered his permit or his permit was revoked he could not be in the store at any time. He was told that all persons working in a package store are required to have an active alcohol permit. Recess was called in order for Mr. Chopra to confer with his client. After five minutes the hearing continued. Mr. Chopra stated that Mr. Martinez would not return to operating the register, but his being in the business for other purposes is imperative to the family. Mr. Chopra stated that a suspension was deserved, but asked for punishment less than the worst case scenario. Mr. Chopra stated that he believed that the business had made modifications to prevent this from happening again. Eduardo Martinez, the son of Mr. & Mrs. Martinez, who works at the store stated that his parents bought the store in 2004. He stated that he works in the store and he performs all duties at the store. Mr. Martinez stated that up until October 2015 the store was still using an old cash register that was only a push button register, which was not connected to any computer system. Mr. Martinez stated that since the violation they have purchased identification scanners as well as a new cash register that includes a point of sale system. Mr. Martinez stated that there is no override feature. Mr. Martinez stated that the register will not complete a transaction until identification is scanned. Copies of the receipts for the scanner and point of sale system were provided to the License Review Board. Mr. Martinez stated that he and his brother David who also works at the store are known to confiscate fake identification cards and they don’t believe that this will happen again. Mr. Martinez admitted that there has been no further training since the store was purchased. Mr. Martinez stated that the employee who sold to the underage person in 2005 was fired and they have never hired anyone else and that since then the business has been operated by family only. The board members discussed sanctions and in their discussion it was recommended by the board that Mr. Ambrosio Martinez no longer operate the cash register. After considering all evidence and testimony presented and the Online License Review Board Questionnaire, pursuant to a motion by Jim Pehrson and a second by Larry Walker, the License Review Board recommended a 14-DAY SUSPENSION (January 4, 2016 through January 17, 2016) of the of the alcohol permit for Ambrosio Martinez.
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The License Review Board voted 5-0 in favor of this motion.
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Yes
Sale/furnishing of an alcoholic beverage to underage person
1. Are you still working with the business for which you have a permit?
2. What was the violation(s)?
3. Were there more than one violation?
4. Did you check for ID?
5. What explanation do you have regarding the violation?
No
Yes
I clearly misread the license
6. Was the compliance check in regard to a complaint?
No
7. How long have you worked at the business?
10 years
8. Have you worked at any other location that sold alcoholic beverages?
No
9. If so where and how long?
0
10. Have you had any other violations at this location or other locations where alcohol was sold?
No
Permit Holder: MARTINEZ, AMBROSIO
FACTORS TO CONSIDER IN A SHOW CAUSE HEARING REGARDING ANALCOHOL PERMIT DUE TO A SALE OF ALCOHOL TO AN UNDERAGE PERSON
11. Where do you place the blame for the violation?
Yes
12. Did you receive written procedures regarding the sale of alcohol at this business prior to the violation(s)?
13. Did you received written procedures after the voilation?
Yes
Yes
14. How are the employees held accountable to follow the policies and procedures of the business?
Ability to interact with customers at register terminated
15. Were there consequences for you or your manager(s) for violations of policies and procedures?
Yes
16. If there were consequences, what were they?
No longer able to handle customer sales
17. Were there consequences for you and your manager(s) for violations of law/ordinances?
Yes
18. If so, what were they?
Legal, financial and responsibility
19. How and when were these consequences communicated to you?
At the time of incident my family explained that I can no longer charge customers.
20. Were you trained prior to the violation?
Yes
21. Were you trained or retrained after the violation?
Yes
22. Is there any reoccurring training?
Yes
23. How many employees work at this location?
4
24. Have you passed or failed a secret shopper program?
No
25. If you passed a secret shopper program when?
PAGE: 2 12/11/2015 9:55:06 AM153011
SCHR_ALCH_ WKPER_UUSALE
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NA
26. If you passed a secret shopper program where were you working?
NA
27. Are you familiar with the Georgia Drivers License and what is on the Georgia Driver’s license to assist in determining whether or not to provide alcohol?
Yes
28. Were you trained regarding what is on a Georgia Drivers License?
Yes
29. What do you look for on the identification prior to the sale of alcohol?
If it`s vertical and month day and year born is correct and if it`s altered in any way
30. When do you ask for identification prior to an alcohol sale (i.e.- never, if look under 21, if look under 25, if look under 30, if look under 40, if have gray hair, everyone)?
I check everyone every time
31. What type of identification do you accept prior to the sale of alcohol?
State issued id and passport
No
32. Does the business where you are employed have a point of sale system (i.e.- cash register) that prompts for identification of date of birth prior to the sale of alcohol?
NA
33. If the business has a point of sale business is there an override feature?
34. Has there been a discussion between you and management or the owner/licensee regarding the violation?
Yes
35. What assurance can you provide the LRB that the alcohol permit holder will not sell/provide alcohol in violation of State or County Law again?
updated technology and systems to avoid human error.
36. Do you take responsibility for any violations that the employee committed?
Yes
37. Does the cash register or point of sale system track alcohol sales?
Yes
38. Does the cash register or point of sale system track alcohol sales at what time they were sold?
Yes
39. Does the cash register or point of sale system track alcohol sales by whom they were sold?
No
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SCHR_ALCH_ WKPER_UUSALE
Page 41 of 95
40. Does the cash register or point of sale system track alcohol sales if ID was checked?
No
41. Does the cash register or point of sale system track alcohol sales if the DOB was entered in the system prior to the sale of alcohol?
No
PAGE: 4 12/11/2015 9:55:06 AM153011
SCHR_ALCH_ WKPER_UUSALE
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Office of Finance & Economic Development Jim Pehrson, CPA, Director/Comptroller
This item has been electronically signed by:James Pehrson, CPA, Director/Comptroller
DATE: December 17, 2015
PURPOSE To adopt a resolution adopting all budget amendments set forth in agenda items on this date.
BACKGROUND Georgia Law, O.C.G.A. §36-81-3 (b), requires each unit of local government to operate under an annual balanced budget adopted by ordinance or resolution. Cobb County Code 2-49 provides for revisions to the adopted budget during the year only by formal action of the commission in a regular meeting. In an official opinion date February 24, 1999, the Attorney General of the State of Georgia concluded that all amendments to the budgets of local governments must be adopted by ordinance at each meeting when the amendments are approved by the Board of Commissioners.
FUNDING N/A
RECOMMENDATION The Board of Commissioners adopt a resolution adopting all budget amendments set forth in agenda items on this date.
ATTACHMENTSResolution
Comm. Dist.
All
Agenda Item Number. 8
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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 17th of December 2015
Page 44 of 95
Superior Court of Cobb County Tom Charron, Court Administrator
30 Waddell Street Marietta, Georgia 30090 (770) 528-1800
TO: David Hankerson, County Manager
FROM: Tom Charron, Court Administrator
This item has been electronically signed by:Tom Charron, Court Administrator
DATE: December 17, 2015
PURPOSE To authorize a three percent increase to the county supplement paid to Superior Court Judges and the District Attorney on February 1, 2016 when merit becomes effective for all county employees.
BACKGROUND The Board of Commissioners has the authority to enact the three percent raise for all superior court judges without seeking legislative action as provided under 2014 Georgia Laws Act 450 (H.B. 1126). Before the three percent merit based raise, the Superior Court Judges of Cobb County receive a salary supplement of $71,470. A three percent merit based raise would increase their county salary supplement by $2,144.10. After the effectuation of the three percent merit based raise, Superior Court Judges would receive a total salary of $73,514.10.
Each of the ten Superior Court Judges and the one District Attorney, are paid by the State of Georgia and receive a Cobb County Supplement. Cobb County employees are scheduled for a three percent average merit increase in FY16, and this increase is included in the FY16 Adopted Budget. Traditionally whenever county employees receive merit, then state funded employees with county supplements also will receive this merit increase for only the county portion of their pay.
This request will provide county funding for the county portion of the salaries. The county portion of the merit is $21,441 for FY16 merit of three percent. The enacting legislation was changed last year to allow the Board of Commissioners to effectuate the raise without seeking legislative action. The change only applies to the Superior Court Judges and the Cobb County District Attorney.
Comm. Dist.
All
Agenda Item Number. 9
Page 45 of 95
FUNDING No additional funding is necessary. Funding for the three percent average merit increase for the County Salary Supplement was a part of the Merit Contingency that was adopted in the FY16 budget.
RECOMMENDATION The Board of Commissioners authorize a three percent increase to the county supplement paid to Superior Court Judges and the District Attorney on February 1, 2016 when merit becomes effective for all county employees and further authorize any necessary budget transactions.
Agenda Item Number. 9
Page 46 of 95
Superior Court of Cobb County Tom Charron, Court Administrator
30 Waddell Street Marietta, Georgia 30090 (770) 528-1800
TO: David Hankerson, County Manager
FROM: Tom Charron, Court Administrator
This item has been electronically signed by:Tom Charron, Court Administrator
DATE: December 17, 2015
PURPOSE To authorize the acceptance and appropriation of a Criminal Justice Coordinating Council supplemental grant award to support the Veteran’s Treatment Court Program.
BACKGROUND The Criminal Justice Coordinating Council (CJCC) has awarded a supplemental award to the Veteran’s Treatment and Accountability Court grant that was approved by the BOC on May 26, 2015 for the period of July 1, 2016 through June 30, 2016. The supplemental award in the amount of $21,087.00 will provide for a total award for grant J16-8-08/S008 of $121,185.00. The supplemental award will support the Court’s various professional services and court participants.
IMPACT STATEMENT The Criminal Justice Coordinating Council is offering these funds for the grant period January 1, 2016 through June 30, 2016 supplementing the current grant J16-8-083/S008 previously approved by the BOC. The County match requirement is $2,343.00 will be met by existing courtroom staff. The funds support various professional services and court participants. If this funding were reduced or not made available to the Court, we would no longer contract for these professional services.
Comm. Dist.
All
Agenda Item Number. 10
Page 47 of 95
FUNDING The funding will be appropriated in the Grant Funds as follows:
RECOMMENDATION The Board of Commissioners authorize the acceptance of supplemental grant funds from the Criminal Justice Coordinating Council, in the amount of $21,087.00, for the period January 1, 2016 through June 30, 2016, to support the Veteran’s Treatment Court; authorize the corresponding budget transactions; allow Judge Reuben Green or Flynn Broady Coordinator for Veteran’s Treatment Court to sign quarterly reimbursement requests on behalf of the County; and further authorize the Chairman to execute the necessary documents.
Agenda Item Number. 10
Page 48 of 95
Cobb County State Court Donna L. Tschappat, Director of State Court Services
12 East Park Square Marietta, Georgia 30090 (770) 528-2622 / fax: (770) 528-2627
TO: David Hankerson, County Manager
FROM: Melodie H. Clayton, State Court Judge
This item has been electronically signed by:Melodie H. Clayton, State Court Judge
DATE: December 17, 2015
PURPOSE The authorize the DUI Court to apply and accept additional grant funding from the Georgia Accountability Court Funding Committee.
BACKGROUND The Cobb County DUI Court ("DUI Court") began operation as a pilot program on October 1, 2008. DUI Court is Cobb State Court's voluntary post-conviction, intensive probation program for multiple DUI offenders. Participants in the program are required to attend group and individual treatment sessions several times a week, appear for random alcohol/drug screens at least twice weekly, and attend status hearings once or twice a month depending on length of time in the program.
On June 23, 2009, the Board of Commissioners heard a presentation on the program and expressed support for its continuation. The Georgia Accountability Court Funding Committee has previously awarded the DUI Court a grant in the amount of $57,441.00, for the States fiscal year of July 1, 2015 through June 30, 2016. They have awarded an additional $400.00 for treatment services, for a total award of $57,841.00. We are primarily a self-funded program and the already awarded funds are being used for treatment, alcohol/drug testing services and salary/fringe pay for the Surveillance Officer position. The additional $400.00 would be used towards treatment services also.
Comm. Dist.
Agenda Item Number. 11
Page 49 of 95
IMPACT STATEMENT The additional funding will supplement expenditures paid for treatment services and have no impact on the General Fund.
FUNDING Funding is available through this state grant: Appropriate Grant Revenue: 270-220-S009-4506 (Other Local Revenue) $400.00 Appropriate Expenditures: 270-220-S009-6326 (Professional Services) $400.00
RECOMMENDATION The Board of Commissioners authorize DUI Court to apply and accept the additional grant funds from the Georgia Accountability Court Funding Committee; authorize the corresponding budget transactions in the additional amount of $400.00; authorize to supplement the expenses of treatment services, and further authorize the Chairman or Judge Melodie H. Clayton to execute the necessary documents.
Agenda Item Number. 11
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Cobb County County Clerk's Office Pamela L. Mabry, County Clerk
This item has been electronically signed by:Pamela L. Mabry, County Clerk
DATE: December 17, 2015
PURPOSE To approve the minutes of the following meetings: December 7, 2015 - Special Called Meeting/Agenda Work Session December 8, 2015 - Regular Meeting of the Board
ATTACHMENTSAgenda Worksession
Regular Minutes
Comm. Dist.
All
Agenda Item Number. 12
Page 51 of 95
MINUTES OF SPECIAL CALLED MEETING/AGENDA WORK SESSION
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 7, 2015
9:00 A.M.
Upon notice duly advertised, the Cobb County Board of Commissioners attended a Special Called Meeting/Agenda Work Session on Monday, December 7, 2015 which began at 9:00 a.m. in the third floor conference room, 100 Cherokee Street, Marietta, Georgia, for the purpose of receiving information and participating in discussion regarding the Board’s December 8, 2015 agenda. Present and comprising a quorum of the Board were:
Chairman Tim Lee Commissioner JoAnn Birrell Commissioner Bob Weatherford Commissioner Lisa Cupid Commissioner Bob Ott
No official action was taken by the Board.
ADJOURNMENT
The discussion concluded at 9:20 a.m. _____________________________________ Pamela L. Mabry County Clerk Cobb County Board of Commissioners
Page 52 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
9:00 A.M.
The Regular Meeting of the Cobb County Board of Commissioners was held on Tuesday, December 8, 2015 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 Bob Ott Commissioner Bob Weatherford
1. CALL TO ORDER – CHAIRMAN LEE Chairman Lee called the meeting to order at 9:04 a.m.
2. PRESENTATION OF CHECK TO SAFE KIDS COBB COUNTY AS A
RESULT OF THE TWELFTH ANNUAL PUBLIC SAFETY GOLF CLASSIC
Commissioner Weatherford and Mr. Sam Heaton, Director of Public Safety
presented a check to representatives of Safe Kids Cobb County, in the amount of $71,100.00, as a result of the twelfth annual Cobb Public Safety Golf Classic. 3. PRESENTATION OF CHECK FROM THE COUNTY MANAGER’S
OFFICE TO MAKE-A-WISH GEORGIA AS A RESULT OF THE
FOURTEENTH ANNUAL COBB COUNTY 5K
Mr. David Hankerson, County Manager, and Mr. John Houser, Chief of Police presented a check in the amount of $38,000.00, to representatives of Make-A-Wish Georgia as a result of the fifteenth annual Cobb County 5K Run.
4. PUBLIC COMMENT – MS. ROBERTA COOKE
Ms. Roberta Cook addressed the Board regarding the 2008 Park Bond.
5. PUBLIC COMMENT – MR. CRAIG CUPID
Mr. Craig Cupid addressed the Board regarding the leadership within the Police Department and requested an Independent review of the Police Department.
6. PUBLIC COMMENT – MR. ROGER BUERKI
Mr. Roger Buerki addressed the Board regarding the 2008 Park Bond. 7. PUBLIC COMMENT – MS. KIMBERLY BANDOH
Ms. Kimberly Bandoh addressed the Board on behalf of Mr. Brian Baker and requested an independent review of the Police Department. 8. PUBLIC COMMENT – MR. JOHN SANDERS
Mr. John Sanders addressed the Board regarding the Police Department.
Page 53 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 2
9. CONSENT AGENDA
MOTION: Motion by Lee, second by Weatherford, to approve the following items on the Consent Agenda, as revised; and authorize execution of the necessary documents by the appropriate County personnel:
Clerks note: Prior to the Consent vote Commissioner Ott and Commissioner Cupid
commented on Consent Item 22. Commissioner Cupid stated that she would abstain
from voting on the item.
WATER SYSTEM AGENCY
Engineering
9A. APPROVAL OF CONSTRUCTION CONTRACT WITH TIPPINS
CONTRACTING CO., INC. FOR PASTEL DRIVE WATER MAIN
REPLACEMENT – WATER SYSTEM AGENCY
To approve a construction contract with Tippins Contracting Co., Inc., in the amount of $179,211.00, for Pastel Drive Water Main Replacement, Program No. W2298; authorize the corresponding budget transactions; and further
authorize the Chairman to execute the necessary documents.
Funding is available in the Water System’s CIP Budget as follows: Transfer from: Water and Sewage Improvements Revenue Bonds, Series 2009 Preliminary Estimates 540-500-6552-8005 C6552-Z $185,711.00 Transfer to: Pastel Drive Water Main Replacement Construction 540-500-6553-8260 W2298-C $179,211.00 Interest Expense on Retainage 540-500-6553-6613 W2298-A $ 900.00 Materials & Supplies 540-500-6553-8265 W2298-M $ 2,000.00 Contingency 540-500-6553-8810 W2298-T $ 3,600.00 Total: $185,711.00
Page 54 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 3
9. CONSENT AGENDA (CONT.)
WATER SYSTEM AGENCY (CONT.)
Engineering (cont.)
9B. APPROVAL OF WORK ORDER WITH D&H CONSTRUCTION
COMPANY FOR MAINSAIL DRIVE SEWER REPLACEMENT –
WATER SYSTEM AGENCY
To approve a work order under the FY16-FY17 Unit Price Contract for Water, Sewer, and Miscellaneous Services with D&H Construction Company, in the amount of $340,053.00, for Mainsail Drive Sewer Replacement, Program No. S1112; and authorize the corresponding budget transactions. Funding is available in the Water System’s CIP Budget as follows: Transfer from: Unidentified New & Replacement Sewer Lines 510-500-5755-8005 S2503-Z $355,553.00 Transfer to: Mainsail Drive Sewer Replacement Construction 510-500-5755-8260 S1112-C $340,053.00 Interest Expense on Retainage 510-500-5755-6613 S1112-A $ 1,000.00 Contingency 510-500-5755-8810 S1112-T $ 8,500.00 Materials & Supplies 510-500-5755-8265 S1112-M $ 1,000.00 Right of Way 510-500-5755-8020 S1112-R $ 5,000.00 Total $355,553.00
Stormwater
9C. APPROVAL OF LICENSE AGREEMENT WITH QD MEADOWS,
LLC FOR THE INSTALLATION OF A SANITARY SEWER LINE –
WATER SYSTEM AGENCY
To approve a License Agreement with QD Meadows, LLC for installation of
a sanitary sewer line across County-owned property in Land Lots 510 and 571 of the 16th District; and authorize the Chairman to execute the necessary documents.
Page 55 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 4
9. CONSENT AGENDA (CONT.)
TRANSPORTATION AGENCY
Administration
9D. AUTHORIZATION TO CREATE FIVE NEW STREET LIGHT
DISTRICTS - TRANSPORTATION
To authorize the creation of five new Street Light Districts, as follows:
Commission District
Street Light District Name Type Monthly
Rate
1 Cedar Mill Residential $4.00
3 Hershey Woods Extension Residential $4.00
1 Park Brooke, Unit I Residential $4.00
1 The Preserve at Acworth Due West, Unit I
Residential $4.00
4 Byers Drive Residential $4.00
Airport
9E. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 WITH
MICHAEL BAKER INTERNATIONAL, INC. FOR ENGINEERING
AND REBIDDING SERVICES FOR THE NORTH APRON
REHABILITATION AND EXPANSION PROJECT -
TRANSPORTATION
To approve Supplemental Agreement No. 1 to Work Order No. E3 with Michael Baker International, Inc., in an amount not to exceed $24,000.00, for engineering and rebidding services for the North Apron Rehabilitation and Expansion project, MIS Contract No. 000906; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Funding is available in the Grant Fund with the following interfund transfer of local match from the Department's FY16 approved Operating Budget and appropriation of anticipated FAA Grant funds for engineering and bidding fees:
Transfer from: 010-050-0720-8852 (Fund Bal. Reserves) $ 2,400.00
Transfer to: 270-050-F008-6314 (Engineering) $ 2,400.00
Increase Grant Revenue: 270-050-F008-4421 (FAA Revenue) $21,600.00
Increase Grant Expenditure: 270-050-F008-6314 (Engineering) $21,600.00
To approve Change Order No. 2 (final) to the contract with JHC Corporation, a savings to the project in the amount of $319,128.31, for Cobb Parkway Pedestrian Improvements, also known as Cobb Parkway Central Streetscapes, State P. I. No. 0006983, Cobb County Project No. TR346, and for I-285 Eastbound and Westbound Ramps at SR3/US41/Cobb Parkway, State P. I. No. 0010007, Cobb County Project No. TR460, MIS Contract No. 000480; authorize the corresponding budget transactions; and further
authorize the Chairman to execute the necessary documents.
9G. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT OF A
PUBLIC HEARING PRIOR TO EXPENDING FUNDS OF $100,000.00
OR MORE TO EMPLOY INDEPENDENT CONSULTING FIRMS
FOR TASK ORDER CONTRACTS FOR PROFESSIONAL
SERVICES, AND AUTHORIZATION TO ISSUE A REQUEST FOR
PROPOSALS TO SECURE THESE SERVICES - TRANSPORTATION
To authorize advertisement for and conduct of a public hearing prior to expending funds of $100,000.00 or more to employ independent consulting firms for Task Order Contracts for Professional Services; and further
authorize issuance of a Request for Proposals to secure these services.
Transit
9H. AUTHORIZATION TO PROCURE SIX LOCAL FIXED ROUTE
TRANSIT BUSES FOR COBB COMMUNITY TRANSIT UTILIZING
THE ATHENS-CLARKE COUNTY HEAVY DUTY TRANSIT BUS
CONSORTIUM CONTRACT WITH GILLIG, LLC -
TRANSPORTATION
To authorize procurement of six local fixed route replacement transit buses, in an amount not to exceed $3,421,722.00, for Cobb Community Transit (CCT) utilizing the Athens-Clarke County Heavy Duty Transit Bus Consortium Contract with Gillig, LLC; and further authorize the corresponding budget transactions.
Funding: Federal and local funding is available in the approved Transit Capital Projects Fund with the following budget transfers:
Transfer from: 202-050-4851-8005 (Preliminary Est.) $1,618,651.00 Transfer to: 202-050-4851-8612 (Transit Buses-Federal Share) $1,294,921.00 202-050-4851-8612 (Transit Buses-Local Share) $ 323,730.00 Federal funding is available in the approved Transit Capital Projects Fund, with the following budget transfers: Transfer from: 202-050-4852-4439/8005 (FTA 5307 Capital/Preliminary Est.) $1,442,456.00 Transfer to: 202-050-4851-4439/8612 (FTA 5307 Capital/Transit Buses) $1,442,456.00 Local funding is available in the approved Transit Capital Projects Fund, with the following budget transfers:
Transfer from: 202-050-4899-4960/8005 (Interfund Transfer Rev./Preliminary Est.) $ 360,615.00
Transfer to: 202-050-4851-4960/8612 (Interfund Transfer Rev./Transit Buses) $ 360,615.00
Page 58 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 7
9. CONSENT AGENDA (CONT.)
PUBLIC SERVICES AGENCY
Election and Registration
9I. ADOPTION OF RESOLUTION SETTING THE QUALIFYING FEES
FOR EACH COUNTY OFFICE TO BE FILLED IN 2016 AND
AUTHORIZATION FOR THE DIRECTOR OF ELECTIONS TO
PUBLISH SUCH FEES IN THE LEGAL ORGAN PRIOR TO
FEBRUARY 1, 2016 - ELECTIONS AND REGISTRATION
To adopt a resolution setting the qualifying fees for each county office to be filled in 2016; and authorize the Director of Elections to publish such fees in the legal organ prior to February 1, 2016.
Advertising expense is already projected in the Elections operating budget.
Library System
9J. AUTHORIZATION OF ADDITIONAL FUNDING FOR THE
PURPOSE OF PURCHASING LIBRARY MATERIALS – LIBRARY
SYSTEM
To authorize the additional appropriation, in the amount of $183,758.00, for the purpose of purchasing library materials; and further authorize the corresponding budget transactions. Funding is available through a fund balance appropriation in the General Fund as follows: Increase Revenue: 010-014-0140-4980 (GF Fund Balance Appr.) $183,758.00 Increase Expenditure: 010-080-1800-6154 (Library Materials) $183,758.00
9K. AUTHORIZATION TO IMPLEMENT A FEE FOR 3D PRINTING,
EFFECTIVE DECEMBER 14, 2015 – LIBRARY SYSTEM
To authorize the implementation of a fee, in the amount of $.15 cents per gram of filament, with a minimum charge of $2.50 for a single print job for 3D printing in the Cobb County Public Library system, effective December 14, 2015; and further authorize the corresponding budget transactions.
Revenue received through fees charged for 3D Printing Services will be
booked as follows: 010-080-1800-4566 (Miscellaneous County Services)
Page 59 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 8
9. CONSENT AGENDA (CONT.)
SUPPORT SERVICES AGENCY
Information Services
9L. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT OF A
PUBLIC HEARING PRIOR TO EXPENDING MORE THAN
$100,000.00 FOR PROFESSIONAL SERVICES TO DEVELOP A
BUSINESS CONTINUITY PLAN FOR COBB COUNTY
GOVERNMENT AND AUTHORIZATION TO ISSUE A REQUEST
FOR PROPOSALS TO SECURE THESE SERVICES –
INFORMATION SERVICES
To authorize advertisement for and conduct of a public hearing prior to expending more than $100,000.00 for professional services to develop a Business Continuity Plan for Cobb County Government; and further
authorize issuance of a Request for Proposals to secure these services.
9M. AUTHORIZATION TO ADVERTISE FOR AND CONDUCT OF A
PUBLIC HEARING PRIOR TO EXPENDING MORE THAN
$100,000.00 FOR PROFESSIONAL SERVICES TO DEVELOP THE
REQUIREMENTS FOR A NEW UNIFIED COURT CASE
MANAGEMENT SYSTEM AND AUTHORIZATION TO ISSUE A
REQUEST FOR PROPOSALS TO SECURE THESE SERVICES –
INFORMATION SERVICES
To authorize advertisement for and conduct of a public hearing prior to expending more than $100,000.00 for professional services to develop the requirements for a new Unified Court Case Management System and further
authorize issuance of a Request for Proposals to secure these services.
Property Management
9N. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 2 (FINAL)
TO THE CONTRACT WITH LICHTY COMMERCIAL
CONSTRUCTION LLC, AT THE CHOICE II-COBB FACILITY,
FORMERLY KNOWN AS THE GREENRIDGE HEALTH FACILITY
– PROPERTY MANAGEMENT
To approve Supplemental Agreement No. 2 (final) to the contract with Lichty Commercial Construction Inc., in the deductive amount of $4,931.39, at the Choice II-Cobb Facility, formerly known as the Greenridge Health Facility, located at 2051 Greenridge Street, Smyrna; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Funding will remain in the CDBG Fund - Cobb County ADA Project and allocated at a later time as follows: 285-390-CD15-6574-C15CG-F (Cobb County ADA Project) $4,931.39
Purchasing 9O. AUTHORIZATION FOR THE PURCHASING DIRECTOR TO
APPROVE PURCHASES OF MISCELLANEOUS OFFICE SUPPLIES
AND PRODUCTS UTILIZING THE NATIONAL COOPERATIVE
PURCHASING ALLIANCE – PURCHASING
To authorize the Purchasing Director to approve purchases of miscellaneous office supplies and products utilizing the National Purchasing Cooperative Alliance contract # NCPA 11-01 for an initial period of one year.
Page 60 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 9
9. CONSENT AGENDA (CONT.)
PUBLIC SAFETY AGENCY Fire & Emergency Services
9P. APPROVAL OF ADDITIONS AND MODIFICATIONS TO THE
ADOPTED FY16 BUDGET – FIRE & EMERGENCY SERVICES
To approve additions and modifications to the adopted FY16 Fire budget, in the amount of $1,399,270.00; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Funding is available with the following transfers:
Transfer from: 230-130-1000-8820 (Undesignated Contingency) $ 1,399,270.00
PUBLIC SAFETY AGENCY (CONT.) Fire & Emergency Services (cont.)
9Q. AUTHORIZATION TO PURCHASE ONE REPLACEMENT LADDER
TRUCK - FIRE & EMERGENCY SERVICES
To authorize the purchase of one replacement ladder truck from Pierce
Manufacturing, in the amount of $998,555.00, for fire and emergency response; and further authorize the related appropriation of funds.
Funding is available in the Fire Fund’s Fund Balance, with the following appropriations: Increase Revenue: 230-130-1000-8820 (Undesignated Contingency) $998,555.00 Increase Expenditure: 230-130-1000-8610 (Specially Equipped Vehicles) $998,555.00
9R. AUTHORIZATION TO ACCEPT A DONATION FROM THE
MARATHON PETROLEUM COMPANY FOR HAZARDOUS
MATERIALS TEAM RESPONSE - FIRE & EMERGENCY
SERVICES
To authorize the acceptance of a donation from Marathon Petroleum, in the amount of $5,000.00, for procurement of equipment and supplies to enhance emergency response; and further authorize the corresponding budget transactions.
Funding is available with the following budget appropriation: Increase revenue: 270-130-G279-4920 (Gifts & Donations) $5,000.00 Increase expenditure: 270-130-G279-6207 (Safety Supplies) $5,000.00
COMMUNITY DEVELOPMENT AGENCY
Planning
9S. ADOPTION OF ANNEXATION RESPONSE PER HB489
INTERGOVERNMENTAL AGREEMENT AND HB2 REGARDING A
PETITION FOR ANNEXATION IN THE CITY OF AUSTELL
KNOWN AS MAXHAM ROAD SILVER CREEK PROPERTIES –
COMMUNITY DEVELOPMENT
To adopt annexation response per HB489 Intergovernmental Agreement and
HB2 regarding a petition for annexation in the City of Austell, Land Lots 258, 18th District, parcel 31, 2nd Section located on 11.436 acre tract known as Maxham Rd. Silver Creek properties. A copy of the annexation response is attached and made a part of these minutes.
Page 62 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 11
9. CONSENT AGENDA (CONT.)
BOARD OF COMMISSIONERS
9T. ADOPTION OF RESOLUTION NOTIFYING THE COBB
DELEGATION OF THE GEORGIA GENERAL ASSEMBLY THAT
2016 MERIT INCREASES HAVE BEEN BUDGETED FOR ELIGIBLE
EMPLOYEES OF COBB COUNTY INCLUDING ELECTED
OFFICIALS WHOSE SALARIES ARE SET BY THE GEORGIA
GENERAL ASSEMBLY – BOARD OF COMMISSIONERS
To adopt a resolution notifying the Cobb Delegation, of the Georgia General Assembly, that 2016 merit increases have been budgeted for eligible employees of Cobb County, including Elected Officials whose salaries are set by the Georgia General Assembly. A copy of said resolution is attached and made a part of these minutes.
COMMUNICATIONS
9U. AUTHORIZATION OF THE TRANSFER AND EXPENDITURE OF
PUBLIC, EDUCATIONAL AND GOVERNMENTAL FUNDS AND
APPROVAL OF CONTRACT WITH COMPREHENSIVE
TECHNICAL GROUP, INC. FOR RENOVATIONS OF THE AUDIO
AND VIDEO SYSTEMS IN THE BOARD OF COMMISSIONERS 2ND
FLOOR MEETING ROOM – COMMUNICATIONS
To authorize the transfer and expenditure of PEG (Public, Educational, and Governmental) funds; approve the contract with Comprehensive Technical Group, Inc., in an amount not to exceed $258,078.21, for the renovations of the audio and video systems in the Board of Commissioners 2nd floor meeting room; authorize the budget transactions; and further authorize the Chairman to execute the necessary documents. Transfer from: 010-021-0258-8852 $258,078.21 Transfer to: 010-021-0258-8110 $258,078.21
HUMAN RESOURCES
9V. APPROVAL OF THE CREATION OF THE EDUCATION INCENTIVE
PAY POLICY – HUMAN RESOURCES
To approve the creation of the Education Incentive Pay Policy. A copy of the Education Incentive Policy is attached and made a part of these minutes.
Funding for this Incentive Policy is already included in the FY16 budget.
9W. APPROVAL OF THE FOURTH AMENDMENT TO THE COBB
COUNTY GOVERNMENT EMPLOYEES' PENSION PLAN –
HUMAN RESOURCES To approve the fourth amendment to the Cobb County Government Pension Plan, as amended and restated, effective as of January 1, 2016; and authorize
the Chairman to execute the necessary documents. A copy of said amendment is attached and made a part of these minutes. No additional funding is necessary.
Page 63 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 12
9. CONSENT AGENDA (CONT.)
HUMAN RESOURCES (CONT.)
9X. APPROVAL OF CONTRACT WITH BLUE CROSS BLUE SHIELD
OF GEORGIA FOR THE SELF-FUNDED MEDICAL PLAN STOP
LOSS INSURANCE FOR THE 2016 PLAN YEAR – HUMAN
RESOURCES
To approve a contract with Blue Cross Blue Shield of Georgia for the self-funded Medical Plan Stop Loss insurance for January 1, 2016 through December 31, 2016 for the PPO, Open Access POS, and the HMO medical plans; and authorize the Chairman to execute the necessary documents.
Annual funding for these services was included in the FY16 Medical Fund budget. No additional funding is necessary.
9Y. AUTHORIZATION OF AN AMENDMENT TO THE EMPLOYER
HEALTH PREMIUMS FOR 2016 PLAN YEAR TO ACCOMMODATE
A CHANGE TO FUNDING ALLOCATION FOR OTHER POST
EMPLOYMENT BENEFITS – HUMAN RESOURCES
To authorize the amendment to the 2016 employer premiums; and further
authorize the implementation of 1.46% of payroll to allocate funding for annual required contribution for Other Post Employment Benefits (OPEB).
No additional funding is necessary.
FINANCE
9Z. 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. Said resolution is attached and made a part of these minutes.
CLERK OF STATE COURT
9AA. AUTHORIZATION OF THE APPROPRIATION OF FUNDS
RECEIVED FROM THE CLERK OF STATE COURT’S
UNCLAIMED CASH BOND AND ESCROW MONIES INTO THE
GENERAL FUND, AND AUTHORIZATION OF THE
CORRESPONDING EXPENDITURES INTO THE GENERAL FUND,
IN FY16 WITHOUT APPROPRIATION – CLERK OF STATE
COURT
To authorize the appropriation of funds received from the Clerk of State Court from unclaimed cash bond and escrow monies into the General Fund in the amount of $804,781.11; authorize the corresponding expenditure of $397,741.00 from said funds for the imaging projects and credit card machine upgrades; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Increase Expenditures: 010-015-0145-8810 (General Fund Contingency) $407,040.11
010-160-8500-6258 (Equipment) $ 9,625.00
010-160-8500-6436 (Imaging project) $388,116.00 Total $804,781.11
Page 64 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 13
9. CONSENT AGENDA (CONT.)
SHERIFF’S OFFICE
9BB. ENDORSEMENT TO PARTICIPATE IN THE FEDERAL
EQUITABLE SHARING PROGRAM IN PARTNERSHIP WITH THE
UNITED STATES DEPARTMENT OF JUSTICE AGENCY AND
AUTHORIZATION TO ACCEPT ANY SHARED FORFEITED
PROCEEDS – SHERIFF’S OFFICE
To endorse the participation in the Federal Equitable Sharing Program in partnership with the United States Department of Justice Agency; endorse the submission of assest forfeiture sharing request applications; authorize the acceptance of any shared forfeited proceeds; authorize the proceeds to be restricted to procurements designated by the Sheriff's office; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Funding in the amount of $6,824.23, plus subsequent funding received, will be appropriated in the following accounts: Increase Revenue: 270-210-F015-4429 (US DOF) $6,824.23 Increase Expense: 270-210-F015-8820 (Undesignated Contingency) $6,824.23 Funds will be transferred upon establishment of proper transfer routing with US DOJ. Future awards will be appropriated as received.
COUNTY CLERK
9CC. APPROVAL OF MINUTES – COUNTY CLERK
To approve the minutes of the following meetings:
November 23, 2015 - Special Called Meeting/Agenda Work Session November 24, 2015 - Special Called Meeting/1:30 Work Session November 24, 2015 - Regular Meeting of the Board
9DD. ADOPTION OF TWO RESOLUTIONS ESTABLISHING THE
DATES, TIMES, AND PLACE OF THE REGULAR MEETINGS AND
ZONING HEARINGS OF THE BOARD OF COMMISSIONERS FOR
THE CALENDAR YEAR 2016, AND AUTHORIZATION OF THE
CHAIRMAN TO POSTPONE OR CANCEL ANY MEETING AS HE
DEEMS NECESSARY – COUNTY CLERK
To adopt two resolutions establishing the dates, times, and place of the Board's regular meetings and zoning hearings for the calendar year 2016; authorize the Chairman to postpone or cancel any meeting as he deems necessary; and direct the County Clerk to advertise said resolutions as required by the Official Code of Cobb County.
CONSENT VOTE: ADOPTED unanimously, with the exception of Agenda Item
No. 22 (see 9V of these minutes) which is a 4-0 vote, Commissioner Cupid abstained
Page 65 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 14
10. TRANSPORTATION AGENCY
Engineering
10A. APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH
AMERICAN ENGINEERS, INC., FOR ENGINEERING DESIGN
SERVICES OF MABLETON PARKWAY PEDESTRIAN
IMPROVEMENTS - TRANSPORTATION
MOTION: Motion by Cupid, second by Weatherford, to approve a Consultant Services Agreement with American Engineers, Inc., in an amount not to exceed $567,275.48, for engineering design services of Mableton Parkway Pedestrian Improvements, Project No. E7560, MIS Contract No. 000910; authorize the corresponding budget transactions; and further
authorize the Chairman to execute the necessary documents. Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund, with the following budget transfers:
Transfer from: 345-050-E007-E756-8761-E7560-C (Preliminary Est.) $250,000.00
Transfer to: 345-050-E007-E756-8722-E7560-E (Engineering) $567,275.48
VOTE: ADOPTED unanimously
10B. APPROVE A CONTRACT WITH CHATFIELD CONTRACTING,
INC. FOR ROSWELL ROAD SIDEWALK - TRANSPORTATION
MOTION: Motion by Ott, second by Birrell, to approve a contract with Chatfield Contracting, Inc., in an amount not to exceed $83,719.00, for Roswell Road Sidewalk, Project No. E7530, MIS Contract No. 000914; authorize the corresponding budget transaction; and further authorize the Chairman to execute the necessary documents.
Funding: Available in the 2011 SPLOST Transportation Improvements Program Fund, with the following budget transfer:
Transfer from: 345-050-E007-E753-8761-E7530-C (Preliminary Est.) $79,928.60
345-050-E007-E709-8761-E7090-C (Preliminary Est.) $ 3,790.40 Transfer to: 345-050-E007-E753-8762-E7530-C (Turnkey Const.) $83,719.00 VOTE: ADOPTED unanimously
Page 66 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 15
10. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.)
10C. APPROVAL CONSTRUCTION AGREEMENT WITH THE
GEORGIA DEPARTMENT OF TRANSPORTATION FOR I-75 AT
WINDY HILL ROAD DIVERGING DIAMOND INTERCHANGE –
TRANSPORTATION
MOTION: Motion by Ott, second by Birrell, to approve a Construction Agreement with the Georgia Department of Transportation (GDOT) for I-75 at Windy Hill Road Diverging Diamond Interchange (DDI), State P.I. No. 0012774, Cobb County Project No. E4100; authorize payment of a construction administration fee, in an amount not to exceed $3,000.00; and further authorize the Chairman to execute the necessary documents.
Available in the 2011 SPLOST Transportation Improvements Program Fund, as follows:
CONTRACTING COMPANY, INC., FOR CONSTRUCTION OF I-75
AT WINDY HILL ROAD DIVERGING DIAMOND INTERCHANGE -
TRANSPORTATION
MOTION: Motion by Ott, second by Lee, to approve a contract with C.W. Matthews Contracting Company, Inc., in an amount not to exceed $17,722,068.63, for construction of I-75 at Windy Hill Road Diverging Diamond Interchange (DDI), State P.I. No. 0012774, Cobb County Project No. D4100, MIS Contract No. 000843; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents. Funding: Appropriate receipt of additional revenue to the 2011 SPLOST Transportation Improvements Program Fund from GDOT State P.I. 0012744, as follows: Increase Revenue: 345-050-E004-E410-4466-E4100-C (GDOT Revenue) $1,679,770.00 Increase Expenditure: 345-050-E004-E410-8762-E4100-C (Turnkey Const.) $1,679,770.00 Available in the 2011 SPLOST Transportation Improvements Program Fund, with the following budget transfers: Transfer from: 345-050-E004-E410-8761-E4100-C (Preliminary Est.) $13,114,198.62 345-050-E004-E410-8741-E4100-R (Preliminary Est.) $ 2,493,937.01 Transfer to: 345-050-E004-E410-8762-E4100-C (Turnkey Const.) $15,608,135.63
Page 67 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 16
10. TRANSPORTATION AGENCY (CONT.)
Engineering (cont.)
10D. APPROVAL OF CONTRACT WITH C.W. MATTHEWS CONTRACTING
COMPANY, INC., FOR CONSTRUCTION OF I-75 AT WINDY HILL ROAD
10E. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT
WITH BALDWIN PAVING COMPANY, INC., FOR INTERSECTION
IMPROVEMENTS ON COBB PARKWAY/US41/SR3 AT MARS HILL ROAD -
TRANSPORTATION
MOTION: Motion by Weatherford, second by Birrell, to approve Change Order No. 1 (final) to the contract with Baldwin Paving Company, Inc., a savings to the project in the amount of $131,362.74, for intersection improvements on Cobb Parkway/US41/SR3 at Mars Hill Road, Project No. E3020, MIS Contract No. 000658; authorize the corresponding budget transactions; and further authorize the Chairman to execute the necessary documents.
Funding: A savings to the 2011 SPLOST Transporation Improvement Program Fund
Transfer from: Cobb Parkway/US41/SR3 at Mars Hill Road Realignment Construction
510-500-5756-8260-W4292-C $54,554.61
Interest on Retainage
510-500-5756-6613-W4292-A $ 900.00
Meter Purchase Replacement
510-500-5756-8456-W4292-M $ 477.17
Contingency
510-500-5756-8810-W4292-T $ 3,800.00 Total $59,731.78
Transfer to: SPLOST Projects-Relocate Lines Preliminary Estimates 510-500-5756-8005-W4069-Z $59,731.78
VOTE: ADOPTED unanimously
Page 68 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 17
10. TRANSPORTATION AGENCY (CONT.)
Traffic Operations
10F. APPROVAL OF CHANGE ORDER NO. 1 (FINAL) TO THE
CONTRACT WITH WORLD FIBER TECHNOLOGIES, INC., TO
REPLACE THREE EXISTING DYNAMIC MESSAGE SIGNS FOR
INCIDENT MANAGEMENT - TRANSPORTATION
MOTION: Motion by Lee, second by Ott, to approve Change Order No. 1 (final) to the contract with World Fiber Technologies, Inc., a savings to the project in the amount of $5,269.31, to replace three existing dynamic message signs for Incident Management, Project No. E5020, MIS Contract No. 000782; and authorize the Chairman to execute the necessary documents.
Funding: A savings to the 2011 SPLOST Transportation Improvements Program Fund. Decrease GAE 345062414705: 345-050-E005-E502-8772-E5020-C (Signage Const.) $5,269.31 VOTE: ADOPTED unanimously
Road Maintenance
10G. AUTHORIZATION TO PROCURE TWO 9-YARD STAINLESS
STEEL SPREADER HOPPERS FOR INCLEMENT WEATHER
EQUIPMENT AND SUPPLY STORAGE - TRANSPORTATION
MOTION: Motion by Lee, second by Ott, to authorize the procurement of two 9-yard stainless steel spreader hoppers, to include installation, at a total cost not to exceed $71,522.00, for Inclement Weather Equipment and Supply Storage, Project No. X2605; and further authorize the corresponding budget transaction. Funding: Available in the 2016 SPLOST Transportation Improvements Program Fund, with the following budget transfer: Transfer from: 347-050-X260-X260-8005-X2605-A (Preliminary Est.) $71,522.00 Transfer to: 347-050-X260-X260-8490-X2605-P (Other Equip.) $71,522.00 VOTE: ADOPTED unanimously
11. SUPPORT SERVICES AGENCY
Property Management
11A. WITHDRAWAL OF REQUEST FOR AUTHORIZATION OF
PURCHASE OF CERTAIN REAL PROPERTY, LOCATED AT 3001
SOUTH COBB DRIVE, SMYRNA, AS A POSSIBLE SITE FOR THE
NEW COBB & DOUGLAS PUBLIC HEALTH-SMYRNA CENTER This agenda item was withdrawn from this agenda and was not considered at this meeting.
Page 69 of 95
MINUTES OF REGULAR MEETING
COBB COUNTY BOARD OF COMMISSIONERS
DECEMBER 8, 2015
PAGE 18
12. PUBLIC SAFETY AGENCY
Administration
12A. AUTHORIZATION OF THE PURCHASE OF 800 MHZ RADIOS –
PUBLIC SAFETY
MOTION: Motion by Weatherford, second by Birrell, to authorize the purchase of 800 MHZ radios, in an amount not to exceed $13,404,011.09, from the 2016 SPLOST program funds; and further authorize the budget appropriations.
Funding is available in the following 2016 SPLOST program fund: 347-130-X101-X1013 Communication Equipment $14,000,000.00 VOTE: ADOPTED unanimously
12B. AUTHORIZATION OF ADVERTISING FOR A LEASE PURCHASE
AGREEMENT FOR THE REMAINDER OF THE 2016 SPLOST
POLICE VEHICLES – PUBLIC SAFETY
MOTION: Motion by Weatherford, second by Birrell, to authorize the Finance Director to advertise for a lease purchase agreement for the remainder of the 2016 SPLOST police vehicles, and further authorize the Chairman to execute the necessary documents.
VOTE: ADOPTED unanimously
NOTE: Chairman Lee departed the meeting at 9:42 a.m., and Vice
Chairman Birrell presided over the remainder of the meeting.
ADJOURNMENT
The meeting was adjourned 9:51 a.m.
___________________________________________ Angela Cunningham Deputy County Clerk Cobb County Board of Commissioners
Page 70 of 95
COBB COUNTY BOARD OF COMMISSIONERS
REGULAR AGENDA COVER
REGULAR MEETING OF DECEMBER 17, 2015
ITEM NO.
Chair (County-wide)
1 To direct the Public Safety Director to inventory and evaluate policing policies, practices and ongoing activities.
Page 71 of 95
Cobb County Board of Commissioners Tim Lee, Chairman
This item has been electronically signed by:Tim Lee, Chairman
DATE: December 17, 2015
PURPOSE To direct the Public Safety Director to inventory and evaluate policing policies, practices and ongoing activities.
BACKGROUND Recent incidents involving interactions with the Cobb County Police Department have resulted in much public dialogue and questions about various existing policies and practices. High profile incidents that have occurred on the national level have resulted in departments across the country taking a hard look at policies and practices to ensure that similar incidents do not happen in their community. Cobb County Police Department is one of the best in the country. The department is consistently seeking out and implementing best policing practices. The findings of the evaluation will prescribe the best path forward and include suggested areas for review, individuals and/or organizations best suited to conduct this review, anticipated results of such review and a timeline. The initial findings are to be presented at the Board of Commissioners work session on January 26, 2016; with the goal of moving forward with the recommended formal review process as directed by the Board on the February 9, 2016 Board of Commissioners regular meeting with final recommendations of the review to be presented to the Board of Commission at the May 24, 2016 Board of Commissioners regular meeting.
Comm. Dist.
All
Agenda Item Number. 1
Page 72 of 95
FUNDING N/A
RECOMMENDATION The Board of Commissioners direct the Public Safety Director, in consultation with the County Manager, to inventory and evaluate policing policies, practices and ongoing activities and use these finding to present a recommendation about how to move forward with a thorough review of existing policies and practices related to recruitment, diversity training, community engagement, the citizen complaint process and other areas that may be identified by the Public Safety Director as set out in the background.
Agenda Item Number. 1
Page 73 of 95
PUBLIC COMMENT (CONCLUSION OF MEETING)
DECEMBER 17, 2015
Those persons wishing to address the Board of Commissioners will please sign up on the "Public Comment" sign-in sheet located inside the meeting room. The sign-in sheet is located on a table near the front of the room (under the overhead screen). Sign-in sheets will be available approximately five (5) minutes before the meeting begins. Please note that there are separate sheets for beginning of meeting and end of meeting with six (6) positions on each sheet. Persons signed up to address the Board will be called upon by the County Attorney and will please come forward to make their remarks from the podium. Each speaker will be allotted a maximum of five (5) minutes, as shown on a timer at the podium. Speakers should direct their comments toward the Chairman only. The Board is pleased to offer this opportunity at each regular meeting.
Page 74 of 95
APPOINTMENTS
AGENDA COVER
REGULAR MEETING OF DECEMBER 17, 2015
ITEM NO.
APPOINTMENTS - APPROVAL REQUIRED
1 To appoint Kwaku George and reappoint Darhyl Watkins and Dale Kaetzel to the South Cobb Redevelopment Authority.
2 To appoint Herschel Tolson to the South Cobb Redevelopment Authority.
APPOINTMENTS - ANNOUNCEMENTS - NO APPROVAL REQUIRED
3 To reappoint Captain Sean King to the Airport Advisory Board.
Page 75 of 95
Cobb County Board of Commissioners Tim Lee, Chairman
This item has been electronically signed by:Tim Lee, Chairman
DATE: December 17, 2015
PURPOSE To appoint Kwaku George and reappoint Darhyl Watkins and Dale Kaetzel to the South Cobb Redevelopment Authority.
BACKGROUND The South Cobb Redevelopment Authority was created as a body corporate and politic with power to sue and be sued, execute contracts and agreements, purchase, lease or hold real and personal property, to borrow money, to issue revenue bonds among other powers. Members receive no compensation.
FUNDING N/A
RECOMMENDATION Board of Commissioners approve the appointment of Kwaku George to the South Cobb Redevelopment Authority for a four year term to expire July 31, 2019. This appointment will replace Robin Meyer, and to reappoint Darhyl Watkins for a four year tern to expire on December 31, 2019 and Dale Kaetzel for a four year term to expire on July 31, 2019.
Comm. Dist.
All
Agenda Item Number. 1
Page 76 of 95
Cobb County Board of Commissioners Lisa Cupid, Commissioner, District 4
This item has been electronically signed by:Lisa Cupid, Commissioner, District 4
DATE: December 17, 2015
PURPOSE To appoint Herschel Tolson to the South Cobb Redevelopment Authority.
BACKGROUND The South Cobb Redevelopment Authority was created as a body corporate and politic with power to sue and be sued, execute contracts and agreements, purchase, lease or hold real and personal property, to borrow money, to issue revenue bonds among other powers. Members receive no compensation.
RECOMMENDATION Board of Commissioners approve the appointment of Herschel Tolson to the South Cobb Redevelopment Authority for a four year term to expire December 31, 2019. This appointment will replace Ford Thigpen.
Comm. Dist.
4
Agenda Item Number. 2
Page 77 of 95
Cobb County Board of Commissioners Tim Lee, Chairman
This item has been electronically signed by:Tim Lee, Chairman
DATE: December 17, 2015
PURPOSE To reappoint Captain Sean King to the Airport Advisory Board.
BACKGROUND The Airport Advisory Board is appointed by Board of Commissioners and consists of nine (9) members as follows: Three (3) members shall be residents of the County who have demonstrated special interest or experience in the Airport and/or aviation and shall be referred to as Resident Members; at least one (1) of the Resident Members shall reside within five (5) miles of the Airport; the Chairman of Board of Commissioners shall appoint one (1) of the Resident Members; the Commissioners from Districts 1 and 3 shall jointly appoint one (1) Resident Member and the Commissioners from Districts 2 and 4 shall jointly appoint one (1) Resident Member; each Resident Member shall demonstrate knowledge, training and experience in at least one of the areas of aviation and finance. The term of this post shall be two years or the remainder of the elected official's term, whichever is less. After initially staggered terms all appointments are for two (2) years. All members serve at the pleasure of the appointing entity and may be removed with or without cause. Additionally, the BOC may remove any member for cause after such member is provided an opportunity to be heard with regard to the reasons for the proposed removal. There is no limit on the number of terms a member may serve. The purpose of the Airport Advisory Board is to advise the BOC, through the Airport Manager, on matters with regard to vision, master planning, and capital improvement program priorities at the Airport; aircraft noise impacts; and the Cobb County Aviation Ordinance (Chapter 14).
RECOMMENDATION The Board of Commissioners reappoint Captain Sean King to the Airport Advisory Board for a two year term to expire on December 17, 2017.
Comm. Dist.
All
Agenda Item Number. 3
Page 78 of 95
COMMISSIONERS' PUBLIC ADDRESS
DECEMBER 17, 2015
(Per Section 2.01.01 of the Rules of Procedure of the Board)
Page 79 of 95
RESPONSE TO PUBLIC COMMENT
(FOR INFORMATION ONLY)
REGULAR MEETING OF DECEMBER 17, 2015
ITEM NO.
1 Response to public comments on November 10, 2015.
2 Response to public comments on November 10, 2015.
Page 80 of 95
Cobb County Community Development Agency Dana R. Johnson, AICP, Director
P. O. Box 649 Marietta, Georgia 30061-0649 (770) 528-2125 / fax: (770) 528-2126
TO: David Hankerson, County Manager
FROM: Dana R. Johnson, AICP, Director
This item has been electronically signed by:Dana R. Johnson, AICP, Director
DATE: December 17, 2015
PURPOSE Response to public comments on November 10, 2015.
ATTACHMENTSLtr to Phillip Barnett
Ltr to Raymond Chase
Ltr to Makiyyah Coles
Ltr to Sonia Fisher
Ltr to Helena Glover
Ltr to Larry King
Ltr to Albert McRae
Ltr to Michael Murphy
Ltr to Robert Soricelli
Ltr to Trent Walker
Ltr to Lynn Walton
Ltr to LaQuan Wilson
Comm. Dist.
4
Agenda Item Number. 1
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Cobb County County Attorney's Office Deborah Dance, County Attorney
