Monday, June 29, 2009

ATLANTA CITY COUNCIL

ACTION/MINUTES

JUNE 15, 2009

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, June 15, 2009.  The Meeting convened at 1:21 p.m. in the Council Chambers at City Hall.  The roll was called and a quorum was declared.

PRESIDER: The Honorable Council President Lisa M. Borders presided.  The Honorable Council President Pro Tempore Natalyn Archibong presided a portion of the meeting.

Attendance:

The following (14) voting members were present at the Meeting:

*Arrival Time: - indicates arrival after convening roll call.

Councilmember Cleta Winslow was absent.

INVOCATION: Reverend Michael Jones of Greater Mount Carmel African Methodist Episcopal Church gave the invocation

PLEDGE OF ALLEGIANCE: In unison, lead by Councilmember Jim Maddox, the Council recited the Pledge of Allegiance to the flag of the United States of America.

REPORT OF THE JOURNAL: Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council that the Action/Minutes of the June 01, 2009 Regular Meeting are true and correct.  The Minutes were FILED without objection.

PUBLIC SPEAKING: Council President Lisa M. Borders entertained a Motion to Suspend the Rules of Council for Council to respond to citizens concern.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Therefore, the Rules of Council were suspended.  After the Council responses, Councilmember Muller made a Motion to return to Regular Session.  It was properly Seconded and CARRIED by a roll call vote of 10 yeas; 0 nays.  Council then re-entered Regular Session.

COMMUNICATIONS

Council President Lisa M. Borders Presided

COMMUNICATIONS

The following communications (1 – 5) were taken as a collective vote.

09-C-1088 ( 1)      A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson submitting the board’s re-appointment of Ms. Yolanda Johnson to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years retroactive to May 1, 2009 and expires April 30, 2011. 

                            REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1089 ( 2)      A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson submitting the board’s re-appointment of Ms. Sharron M. Pitts to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years retroactive to May 1, 2009 and expires April 30, 2011. 

                            REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1090 ( 3)      A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson submitting the board’s re-appointment of Mr. Eric W. Wilson to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years retroactive to May 1, 2009 and expires April 30, 2011. 

                            REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1091 ( 4)      A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson submitting the board’s re-appointment of Ms. Catalina Sibilsky to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years retroactive to May 1, 2009 and expires April 30, 2011. 

                            REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

Council President Lisa M. Borders Presided

COMMUNICATIONS  (CONT’D)

09-C-1092 ( 5)      A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson submitting the board’s re-appointment of Ms. Millicent Few to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years retroactive to May 1, 2009 and expires April 30, 2011.

                            REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1093 ( 6)      A Communication from Clerk Mark Massey to the Fulton County Board of Commissioners, to Council President Lisa M. Borders submitting the Fulton County Board of Commissioners' appointment of Ms. Gertrude Gilyard (Position 7) to serve as the County's representative on the BeltLine Tax Allocation District (TAD) Advisory Committee.  This appointment is for a term of two (2) years retroactive to January 01, 2009 and expires on December 31, 2010.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1094 ( 7)      A Communication by Councilmember Felicia A. Moore submitting to all Councilmembers a request to nominate the re-appointment of Mr. Roderick Edmond or submit another citizen to fill the vacant position on the Atlanta Citizens’ Review Board.

FILED WITHOUT OBJECTION

09-C-1095 ( 8)      A Communication by Councilmember Howard Shook appointing Ms. Betsy B. Teplis to serve as a member of the Atlanta Commission on Aging.  This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation. 

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1097 ( 9)        A Communication from President Charis L. Johnson, The League of Women Voters of Atlanta-Fulton County, to Council President Lisa M. Borders and Members of Council submitting the League of Women Voters’ appointment of Alan H. Morris as their representative to serve on the Atlanta Citizen Review Board.  This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

Council President Lisa M. Borders Presided

COMMUNICATIONS  (CONT’D)

09-C-1098 (10)       A Communication from Executive Director Cristina Beamud, Atlanta Citizen Review Board, to Council President Lisa M. Borders submitting the Gate City Bar Association’s re-appointment of Charis Johnson as their representative to serve on the Atlanta Citizen Review Board.  This re-appointment is for a term of two (2) years retroactive to June 04, 2009 and expires on June 03, 2012.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

VETOED LEGISLATION

Council President Lisa M. Borders Presided

VETOED LEGISLATION

NONE

UNFINISHED BUSINESS

Council President Lisa M. Borders Presided

UNFINISHED BUSINESS

NONE

CONSENT AGENDA

SECTION I

Council President Lisa M. Borders Presided

CONSENT AGENDA

There was no separate discussion of the following items with the exception of items 09-O-0776, 09-O-0799, 09-O-0801 and 09-R-1084 which were removed from the Consent Agenda, and considered separately per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.

The following CONSENT AGENDA SECTION I received a Favorable Recommendation and was Adopted in accordance with Section 11.2 by the following roll call vote: 14 Yeas: Councilmembers Smith, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Martin, Maddox, Sheperd, Mitchell, Norwood and Willis; 0 Nays.

The original Motion to Adopt Consent Agenda Section I was CARRIED by a roll call vote of 12 yeas; 0 nays; however, later during the meeting, Councilmember Martin made a Motion to Reconsider Consent Agenda Section I.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.  Consent Agenda Section I was then before Council.  Councilmember Martin then removed 09-R-1084 from Consent Agenda Section I.  Subsequently, Consent Agenda Section I was Adopted by a roll call vote of 14 yeas; 0 nays.

SECTION I

ORDINANCES FOR SECOND READING

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-0289 ( 1)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $624,849.00 to increase the budget amount authorized by the U.S. Department of Housing and Urban Development (“HUD”) for the City of Atlanta’s Section 8 Moderate Rehabilitation Program for Santa Fe Villa Apartments; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0298 ( 2)       An Ordinance by Community Development/Human

CDP-09-08             Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 655 & 668 Highland Ave., NE, from the “Low Density Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes.  (CDP Public Hearing held 3/9/09)

NPU-M                            Council District 2

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-0516 ( 3)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $252,099.00, to increase the budget amount authorized by the U. S. Department of Housing and Urban Development (HUD) for the City of Atlanta Section 8 Moderate Rehabilitation Program for the Vanira Village Apartment Complex (GA269MR0001/0002); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0517 ( 4)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $139,620.00, to increase the budget amount authorized by the U.S. Department of Housing and Urban Development (HUD) for the City of Atlanta Section 8 Moderate Rehabilitation Program for Washington Properties; and for other purposes. 

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0518 ( 5)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $326,707.00, to increase the budget amount authorized by the U. S. Department of Housing and Urban Development (HUD) for the City of Atlanta Section 8 Moderate Rehabilitation Program for Edgewood Center; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0673 ( 6)       A Substitute (#2) Ordinance by Community Development/Human Resources Committee amending the Atlanta Code of Ordinances Section 110-3 to increase certain Tennis and Aquatics Fees; and to direct that the revenue from the fees be deposited into the accounts set forth herein; and for other purposes.  (Public Hearing held 5/26/09)

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-0802 ( 7)       A Substitute Ordinance by Community Development/Human Resources Committee amending Section 6-1007 of the Code of Ordinances of the Land Development Code which contains the fees charged by the Department of Planning and Community Development for the purposes of adding more recently adopted Zoning Districts to the Fee Schedule for applications for rezoning, site plan amendments and special administrative permits and modifying the Fee Schedule for review of special administrative permits and creating a fee for sidewalk café permits; to amend Section 6-4028 for the purpose of adding a re-advertisement and re-mailing fee in Board of Zoning Adjustment cases requested for deferral and a requirement that transcript costs of the Board’s hearings be paid by the party requesting judicial review; and deleting certain sections; and for other purposes.  (Public Hearing held 5/26/09)

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0805 ( 8)       A Substitute Ordinance by Community Development/Human Resources Committee modifying Atlanta Code of Ordinances Chapter 142, the Outdoor Events Ordinance; to implement certain administrative fees, to require that certain outdoor event applications be filed thirty days prior to the event, and to require a Parking Meter Fee be paid for Outdoor Events that make meters inaccessible for greater than one day; and modifying Atlanta Code of Ordinances Section 110-3 to increase certain pavilion and ball field fees; and for other purposes.  (Public Hearing held 5/26/09)

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0852 ( 9)       A Substitute Ordinance by Community

CDP-09-22             Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta’s 2008 Comprehensive Development Plan (CDP) so as to re-designate properties located in the Vine City/Washington Park Livable Centers Initiative (LCI) Study Area from Various Land Use Designations to Various Land Use Designations; and for other purposes.  (Public Hearing held 6/08/09)

NPUs – K, L & T                        Council Districts 3 & 4

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-0943 (10)       A Substitute Ordinance by Community Development/Human Resources Committee to amend the City of Atlanta 2008 Comprehensive Development Plan (CDP) so as to incorporate the Vine City/Washington Park Livable Centers Initiative (LCI) Study; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-O-0799 (11)       A Substitute Ordinance by Public Safety and Legal Administration Committee to amend Chapter 78 of the City of Atlanta Code of Ordinances, entitled Fire Prevention and Protection, by entitling Article IV “Fees for Fire Rescue Services”; to create a new Section 78-68 therein to be called ‘Definitions’ to create a new Section 78-69 therein to be called ‘Fee Schedule’; to create a new Section therein 78-71 to be called “Commercial Negligence Hazardous Materials Fee”; For the purpose of authorizing the imposition of fees upon commercial contractors or privately owned companies who have been determined to have negligently caused hazardous conditions which require responses by the Atlanta Fire Rescue Department, on behalf of the Atlanta Fire Rescue Department; and for other purposes.  (Public Hearing held 5/12/09) 

The above item was removed from the Consent Agenda by request of Councilmember Martin.

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-O-0800 (12)       A Substitute Ordinance by Public Safety and Legal Administration Committee to amend Chapter 78 of the City of Atlanta Code of Ordinances, entitled Fire Prevention and Protection, by entitling Article IV “Fees for Fire Rescue Services”; to create a new Section 78-68 therein to be called ‘Definitions’ to create a new Section 78-69 therein to be called ‘Fee Schedule’; to create a new Section therein 78-70 to be called “Non-Resident Vehicle Accident and Roadway Fire Fees”; for the purpose of authorizing the imposition of various fees, in accordance with State law upon Non-City of Atlanta Residents who have been determined to be responsible for the deployment of fire rescue resources caused by a motor vehicle crash or fire which creates a hazardous condition to the community, and/or when emergency medical services are required on behalf of the Atlanta Fire Rescue Department; and for other purposes.  (Public Hearing held 5/12/09)

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0801 (13)       A Substitute Ordinance by Public Safety and Legal Administration Committee to amend Chapter 78 of the City of Atlanta Code of Ordinances, entitled Fire Prevention and Protection, by entitling Article IV “Fees for Fire Rescue Services”; to create a new Section 78-68 therein to be called ‘Definitions’ to create a new Section 78-69 therein to be called ‘Fee Schedule’; to create a new Section therein 78-72 to be called “Private Emergency Management Service Company Assistance Fee”; for the purpose of authorizing the imposition of fees upon Private Emergency Medical Service Companies for assistance provided to them by the Atlanta Fire Rescue Department in unloading or moving patients during non-emergency situations, on behalf of the Atlanta Fire Rescue Department; and for other purposes.  (Public Hearing Held 5/12/09) 

The above item was removed from the Consent Agenda by request of Councilmember Martin.

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-O-0976 (14)       An Ordinance by Pubic Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Division 1, Article II, Section 162-33, entitled “Schedule of Fees”, so as to provide for payment of fees by certified funds; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-O-0776 (15)       An Ordinance by Finance/Executive Committee to amend the Amortization Schedules of the General Employees, Police Officers, and Firefighters Pension Plans from a Forty year Closed Schedule to a Thirty Year Open Ended Schedule; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Shook.

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

09-O-0903 (16)       A Substitute Ordinance by Transportation Committee authorizing: [i] the City of Atlanta to reimburse Delta Air Lines, Inc. in the amount of $289,559.00 for Replacement of Fuel Valves at the Concourse C-Airside Reconfiguration Project on behalf of the Department of Aviation, to be charged to and paid from PTAEO: 18100830 (Fuel Complex) 102 (Task) 550291249 (DOA R N E 9999) 5414002 (Fac not Buildings-CIP) and FDOA: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 100830 (Fuel Complex) 91249 (DOA R N E 9999) 0000 (Default) 00000000 (Default) 00000000 (Default); [ii] waiving the City’s Code of Ordinances, including its Procurement and Real Estate Code, to the extent they conflict with this ordinance; [iii] the Mayor to execute a Reimbursement Agreement with Delta; and [iv] for other purposes. 

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-O-0985 (17)       A Substitute Ordinance by Finance/Executive Committee amending the 7701 (Trust Fund) Budget by transferring from anticipations [PTAEO 770191466 (Award#)-7701 (Fund#), 190101 (GL Dept#), 3511712 (Exp. Acct), 265000 (Function Activity#), 200769 (GL Project#), 91466 (GL Funding Source)], to anticipations [PTAEO 770191491 (Award#)-7701 (Trust Fund), 090101 (GL Dept#), 3511712 (Exp. Account), 1320000 (Function Activity), 200769 (GL Project#), 91491 (GL Funding Source)] and add to Appropriations [PTAEO 19200769 (Project#), 109 (Task#), 770191491 (Award#), 5****** (Exp. Account), COA (Owning Org.),-7701 (Fund#), 090101 (GL Dept#), 5999999 (Exp. Account), 1320000 (Function Activity#), 200769 (GL Project#) 91491 (GL Funding Source)], to fund installation and contractual services for FC-4782, Jail Management System on behalf of the Department of Corrections in an amount not to exceed $1,500,000.00; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0986 (18)       A Substitute Ordinance by Finance/Executive Committee to anticipate and appropriate TSA Grant Funds in the amount of $17,750.815.77 for the Transportation Security Administration’s share of MOA #HSTS04-04-A-DEPO53 for the payment of principal on the Series 2004D-1 and Series 2004D-2 Airport Passenger Facility Charge and Subordinate Lien Revenue Bonds (5508) issued to pay capital costs for the installation and operation of Explosive Detection Systems in an “In-Line” Baggage System at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-O-1074 (19)       An Ordinance by Councilmember Howard Shook as Substituted by Finance/Executive Committee to authorize the termination of those certain Interest Rate Exchange Agreements related to the City’s outstanding Airport General Revenue and Refunding Bonds, Series 2000A, the City’s outstanding Airport General Revenue Bonds, Series 2000B Bonds, the City’s outstanding Variable Rate Airport General Revenue Refunding Bonds, Series 2003RF-B and the City’s outstanding Variable Rate Airport General Revenue Refunding Bonds, Series 2003RF-C; the payment of a Swap Termination Fee in connection with the termination of said Interest Rate Exchange Agreements relating to the Series 2000A and Series 2000B Bonds in an amount not to exceed $40,000,000.00, and the payment of a Swap Termination Fee in connection with the termination of said Interest Rate Exchange Agreements relating to the Series 2003RF-B Bonds and the Series 2003RF-C Bonds in an amount not to exceed $30,000,000.00; all 2007 Swap Termination Fee payments shall be charged to and paid from Airport Renewal & Extension Fund 5502.200801.5823002.8000000.000000.00000.0000.00000000.00000000, and all 2003 Swap Termination Fee payments shall be charged to and paid from Airport Renewal & Extension Fund 5052.200812.5823002.8000000.000000.00000.0000.00000000.00000000; amending the FY 2009 Airport Renewal and Extension Fund Budget to transfer appropriations in the amount of $70,000,000.00; granting to the Mayor and the Chief Financial Officer the authority to determine the Timing and Terms of the Termination of said Interest Rate Exchange Agreements; granting the Mayor the authority to approve and execute any and all documents and certificates with respect to the Termination of said Interest Rate Exchange Agreements; authorizing certain officials and employees of the City to take all actions required in connection with the Termination of said Interest Rate Exchange Agreements; providing certain other details with respect thereto; providing an effective date; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-O-1075 (20)       An Ordinance by Councilmember Kwanza Hall as Substituted by Finance/Executive Committee to amend the 2009 (Intergovernmental Grant Fund) Budget, Department of Grant Services, by adding to anticipations and appropriations in the amount not to exceed $10,000.00 of grant funds from the Georgia Department of Community Affairs on behalf of Hands on Atlanta for the purpose of funding innovative and new approaches to encourage volunteerism and civic engagement in Atlanta; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESOLUTIONS

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-R-0304 ( 1)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing, to enter into a Housing Assistance Payments (“HAP”) Contract with the Urban Residential Development Corporation in an amount not to exceed $538,725.00 in order to pay rental unit subsidies on one-hundred (100) units for homeless individuals at the Santa Fe Villas Apartment Complex pursuant to the Section 8 Moderate Rehabilitation Program sponsored by the U.S. Department of Housing and Urban Development (HUD); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-R-0520 ( 2)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing, to enter into a Housing Assistance Payments Contract with Edgewood Center Limited Partnership, for one year, in an amount not to exceed $287,090.00, in order to pay rental subsidies on 46 units for homeless individuals, pursuant to the Section 8 Moderate Rehabilitation Single Room Occupancy Program sponsored by the U.S. Department of Housing and Urban Development; all funds shall be charged to and paid from PTAEO Number 25200668 114 250130367 5239004 COA; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-0521 ( 3)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing, to enter into a Housing Assistance Payments Contract with Del-Har, Inc., for one year, in an amount not to exceed $227,984.00, in order to pay rental subsidies on 28 units for low-income families at the Vanira Village Apartments, pursuant to the Section 8 Moderate Rehabilitation Program sponsored by the U.S. Department of Housing and Urban Development; all funds shall be charged to and paid from PTAEO Number 25200668 113 250130365 5239004 COA; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-0522 ( 4)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing, to enter into a Housing Assistance Payments Contract with InPen Corporation, for one year, in an amount not to exceed $125,840.00, in order to pay rental subsidies for 16 units for Low-Income Families at Washington Properties, pursuant to the Section 8 Moderate Rehabilitation Program sponsored by the U.S. Department of Housing and Urban Development; all funds shall be charged to and paid from PTAEO Number: 25200668 113 250130365 5239004 COA; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-R-0945 ( 5)        A Resolution by Community Development/Human Resources Committee transmitting the Draft 2010-2014 Capital Improvements Program (CIP)-Short Term Work Program (STWP) to the Atlanta Regional Commission in compliance with the requirements of the Georgia Planning Act of 1989; and for other purposes.  (Public Hearing held 6/08/09)

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1017 ( 6)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City, to enter into an operating agreement with the Piedmont Park conservancy for Management and Operation of the Piedmont Park Greystone Facility; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-R-1042 ( 7)        A Substitute Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Maintenance Agreement with Maximus, Inc., pursuant to FC-6004007843, Automated Court Case Management System, on behalf of the Municipal Court of Atlanta for a period of one (1) year, in FY2010 in an amount not to exceed $132,815.00; all costs to be charged to: Fund, Department, Account and Function Activity: 1001 (General Fund), 190101 (Municipal Court Operations), 5212001 (Consultant Professional Services), 2650000 (Municipal Courts); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-R-1043 ( 8)        A Substitute Resolution by Public Safety and Legal Administration Committee authorizing the Mayor on behalf of the City of Atlanta Municipal Court, to execute Temporary Service Contracts with thirteen (13) retired City of Atlanta (“City”) Police Officers and four (4) DSI Security Officers, for the purpose of providing Professional Security Services at the Municipal Court of Atlanta for a period of one (1) year, in an amount not to exceed $622,502.00; all costs to be charged to: Fund, Department, Account and Function Activity: 1001, 190101, 5212001, 2650000; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1044 ( 9)        A Resolution by Public Safety and Legal Administration Committee authorizing the Chief Procurement Officer to utilize the General Services Administration (“GSA”) Contract Number GS-07F-6099R for a Purchase Order to buy specialized equipment on behalf of the Department of Police in an amount not to exceed $102,891.69.  All contracted work shall be charged to and paid from a grant from the Department of Homeland Security; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1082 (10)       A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of City of Atlanta v. Michael David Mizerak, et al., Fulton County Superior Court, Civil Action File No. 2007CV-14341 in an amount not to exceed $29,600.00 plus the repair of a certain storm sewer line for property located at 484 Waldo St., Atlanta, Georgia; that all monetary settlement amounts be charged to and paid from Fund 5051 (Watershed & Wastewater Fund) Account  170201 (DWM Wastewater Treatment & Collections) 5750002 (Property/Liquidation) 4310000 (Sanitary Administration); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-R-1049 (11)       A Resolution by Transportation Committee on behalf of the Department of Aviation authorizing the Mayor to execute a five-year renewal of Agreement FC-7498-02, National or Regional Branded Hamburger Concession for Concourse B at Hartsfield-Jackson Atlanta International Airport with Mack II, Inc.; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1052 (12)       A Resolution by Transportation Committee authorizing the Aviation General Manager, or his designee, to issue Task Orders under Contract No. FC-4556-A; Structural Tests and Special Inspections with ATC Associated, Inc., in a collective amount of $1,881,314.00, to provide Structural Tests and Special Inspection in support of the Maynard Holbrook Jackson, Jr. International Terminal at Hartsfield-Jackson Atlanta International Airport.  All services will be charged to and paid from PTAEO: 18101664 (Eastside Terminal) 104 (R21E012693CM) 550821362 (DOA 2004 C D E PFC 93CM) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA: 5508 (2004 Airport PFC Bond Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 101664 (Eastside Terminal) 21362 (DOA 2004 C D E PFC 93CM) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1080 (13)       A Resolution by Transportation Committee to amend Resolution 08-R-0987, Adopted by the City Council on May 19, 2008, and Approved by the Mayor on May 27, 2008, to correctly identify the executing organization for the Atlanta Symphony Center Transportation Enhancement Project Memorandum of Understanding; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-R-0920 (14)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Blanket Purchase Agreement with Neptune Technology Group, Inc. on behalf of the Department of Watershed Management, in an amount not to exceed $1,000,000.00; all contracted work shall be charged to and paid from Fund Department Organization and Account Number 5052 (Water & Wastewater Renewal Fund) 5311002 (Supplies-Non-Consumable) 1704011 (DWM Water System Repair – Peyton) 4440000 (Distribution); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-0988 (15)       A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Konica Minolta Business Solutions, USA, Inc., utilizing the State of Georgia Contract Number GTA000119 for Copier Lease and Maintenance, on behalf of the Department of Watershed Management, in an amount not to exceed $260,304.00; all contracted work will be charged to and paid from various Fund, Department, Organization and Account Numbers; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-0989 (16)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Agreement with Burnett Lime, Company, Inc., for Cal-Flo Lime Slurry at the Chattahoochee Treatment Plant Complex and Hemphill Treatment Plant Complex, on behalf of the Department of Watershed Management, in an amount not to exceed $175,636.00; all contracted work shall be charged to and paid from the listed Fund, Department, Organization and Account Numbers in the following amounts: $73,514.00 – 5051 (Water & Wastewater Revenue Fund) 170404 (DWM Water Treatment Complex-Chattahoochee) 5311003 (Supplies, Consumable-Trackable) 4430000 (Treatment) and $102,122.00 – FY2010 5051 (Water & Wastewater Revenue Fund) 170405 (DWM Water Treatment Complex-Hemphill) 5311003 (Supplies, Consumable-Trackable) 4430000 (Treatment); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-0990 (17)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Zep Manufacturing Company, utilizing the US Communities, National Contract Number 2007-118-3034 for the purchase of Cleaning Chemicals and Supplies, on behalf of the Department of Watershed Management, in an amount not to exceed $37,500.00; all contracted work will be charged to and paid from Fund, Department, Organization and Account Number FY2010 5051 (Water & Wastewater Renewal Fund) 170407 (DWM Drinking Water Facility Maintenance) 5311003 (Supplies, Consumable-Trackable) 4430000 (Treatment); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-0991 (18)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Agreement with Industrial Furnace Company, Inc. (IFCO), for Incinerator Maintenance Repair and Replacement, on behalf of the Department of Watershed Management, in an amount not to exceed $400,000.00; all contracted work shall be charged to and paid from the listed Fund, Department, Organization and Account Numbers in the following amounts: $200,000.00 – 5051 (Water & Wastewater Revenue Fund) 170204 (DWM Water Treatment Plant-RM Clayton) 5222002 (Repair & Maintenance-Equipment) 4335000 (Sewage Treatment Plants) and $200,000.00 – 5051 (Water & Wastewater Revenue Fund) 170205 (DWM Water Treatment Plant-Utoy Creek) 5222002 (Repair & Maintenance-Equipment) 4335000 (Sewage Treatment Plants); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1015 (19)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute an appropriate Contractual Agreement with Hansen Information Technologies, a subsidiary of Infor Global Solutions for the purpose of providing a Software Maintenance and Support Agreement for the Hansen System, on behalf of the Department of Watershed Management, in an amount not to exceed $209,682.11; all contracted work shall be charged to and paid from Fund, Department, Organization and Account Number 5052 (Water and Wastewater Renewal and Extension Fund) 170201 (DWM Wastewater Treatment and Collection) 5410001 (Consulting/Professional Services-Capital Projects) 4310000 (Sanitary Administration); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1054 (20)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with AT&T utilizing the State of Georgia Contract GTA000187-002 for the purchase of Modems and Cellular Services, on behalf of the Department of Watershed Management in an amount not to exceed $162,000.00; all contracted work will be charged to and paid from Fund, Department. Organization and Account Number 5051 (Water and Wastewater Revenue Fund) 170603 (DWM Industrial Wastewater Monitoring) 5232003 (Wireless Telephone Expenses) 7210000 (Protective Inspection Administration); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1056 (21)       A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Green Classic Limousine Company in an amount not to exceed $7,595.47 for an overpayment of Business License Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1059 (22)       A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Carey-Executive Limousine Company in an amount not to exceed $5,305.16 for an overpayment of Business License Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1060 (23)       A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Silverton Bank in an amount not to exceed $53,864.83 for an overpayment of Business License Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1061 (24)       A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to utilize GSA Contract #GS-35F-0195J for the purchase of five (5) HP 9050 Series LaserJet Printers from CDW Government, Inc. on behalf of the Department of Aviation, in an amount not to exceed $75,760.76.  All contracted work will be charged to and paid from FDOA 5502 (Airport Renewal and Extension Fund) 180107 (Department of Aviation, Aviation Information Services), Expenditure 5311002 (Equipment $1000-$4999); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1081 (25)       A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute Renewal Option Number One (1) of Contract No. FC-6007000058, Post-Production Support for enterprise Planning, with Oracle USA, Inc., on behalf of the Department of Information Technology, in an amount not to exceed $975,000.00; all contracted work to be charged to and paid from Fund, Department, Organization and Account Number 1001 (General Fund) 050102 (IT Administration) 5410001 (Consulting/Professional Services) 1535000 (Data Processing/Management Information Systems); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1084 (26)       A Resolution by Finance/Executive Committee authorizing the Mayor to enter into Contractual Agreements for FC-4907, Employee Benefits, with Blue Cross Blue Shield of Georgia for Group Health-POS and Life, Kaiser Permanente for Group Health-HMO, Humana Health Care for Dental-HMO, Cigna Health Care for Dental-PPO, Optum Health for Voluntary Vision, and the AFLAC Assurance for Flexible Spending Accounts (FSA) and Voluntary Benefits; establish Premium Rates for Health, Dental and Voluntary Vision - Employee Funded Insurance for FY2010 to be charged to and paid from the appropriate Fund, Department, Organization, and Account Numbers: 6002 200604 5730201 (Employee Health Insurance Expense), 6002 200605 5730202 (Non-Employee/Retiree Health Insurance Expense), 6002 200609 5524002 (Employee Vision Care Insurance), 6002 200611 5524003 (Retiree Vision Care Insurance), 6002 200607 5730201 (Employee Life Insurance Expense), 6002 200608 5730202 (Non-Employee/Retiree Life Insurance Expense); and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Martin.

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1085 (27)       A Resolution by Finance/Executive Committee authorizing the re-employment of Marian L. Cobb as Management Analyst, Senior in the Department of Finance – Office of Grants Management for an amount not to exceed $71,428.00 pursuant to §3-505(c) of the Charter of the City of Atlanta; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1086 (28)       A Resolution by Finance/Executive Committee authorizing the re-employment of Jocelyn Ross as Grants Management Director in the Department of Finance – Office of Grants Management for an amount not to exceed $95,243.00 pursuant to §3-505(c) of the Charter of the City of Atlanta; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1087 (29)       A Resolution by Finance/Executive Committee authorizing the re-employment of Cheryl D. Wilcox as Management Analyst, Senior in the Department of Finance – Office of Grants Management for an amount not to exceed $73,944.00 pursuant to §3-505(c) of the Charter of the City of Atlanta; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

09-R-0869 ( 1)        Claim of GEICO Direct, as subrogee of Kristina Diaz, for vehicular damages alleged to have been sustained due to an automobile accident on November 28, 2008 at Piedmont Road, NE and Peachtree Road, NE.       $2,835.80

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:  (Cont’d)

09-R-1018 ( 2)        Claim of Tamiere Cuthbert, through her attorney, Heather A. Thorpe, for damages alleged to have been sustained as a result of an automobile accident on July 24, 2008 at Boulevard, SE and Rosalia Street, SE.         $15,000.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1019 ( 3)        Claim of Carline Adrien, through her attorney, Richard D. Hobbs, for damages alleged to have been sustained as a result of an automobile accident on December 4, 2007 at Auto Port Drive and Airport Boulevard.      $10,000.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1020 ( 4)        Claim of Carla J. Scott, for damages alleged to have been sustained as a result of a trip and fall in an uncovered water meter on October 27, 2007 at 752 Cooper Street, SW.                                       $2,000.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1021 ( 5)        Claim of Atlanta Gas Light Company c/o John Williams, Esq., for damages alleged to have been sustained when a gas line was severed during a sewer excavation project on November 9, 2008 at 4151 North Stratford Road, NE.                                                                   $1,694.06

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1022 ( 6)        Claim of DeAndre LeVarity, for vehicular damages alleged to have been sustained due to an automobile accident on January 15, 2009 at Joseph E. Lowery Boulevard, NW and Joseph E. Boone, NW.   $1,400.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1023 ( 7)        Claim of Melma Reid, for damages alleged to have been sustained as a result of a vehicular accident on February 26, 2008 at 1128 Harwell Street.                                                                   $1,238.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:  (Cont’d)

09-R-1024 ( 8)        Claim of Liberty Mutual, as subrogee of Ozella Booker, for damages alleged to have been sustained as a result of an automobile accident on August 27, 2008 at Hosea L. Williams Drive and Mayson Avenue.     $1,192.24

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1025 ( 9)        Claim of Sara Murray, for vehicle damages alleged to have been sustained as a result of a sewer backup on February 3, 2009 at 42 Karland Drive.                                                                   $1,175.81

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1026 (10)       Claim of LaWanda Darden, for vehicle damages alleged to have been sustained as a result of a sewer backup on October 26, 2008 at 380 Plainville Drive.                                                                   $990.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1027 (11)       Claim of William Adkins and Evelyn Stevens, for damages alleged to have been sustained as a result of a vehicular accident on February 24, 2009 at 626 14^th Street.                                                         $976.30

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1028 (12)       Claim of Phillip Plotz, for vehicular damages alleged to have been sustained due to an automobile accident on February 27, 2009 at Moreland Avenue and Euclid Avenue.                                               $895.27

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1029 (13)       Claim of Andrew Sickafoose and Keith Sickafoose, for vehicular damages alleged to have been sustained after driving over a metal plate that was partially covering a construction site on September 1, 2008 at 471 10^th Street, NW.                                                               $481.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:

09-R-1031 (14)       Claim of Community Developer Outreach Ministry, for damages alleged to have been sustained from a false arrest incident on April 12, 2002 at 741 Griffin Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1032 (15)       Claim of Robert Davis, through his attorney, Ben Gerber, for damages alleged to have been sustained as a result of a sidewalk slip and fall on February 5, 2008 at 17 Andrew Young Boulevard.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1033 (16)       Claim of Marcus Krejci, for damages alleged to have been sustained as a result of driving over a pothole at Roswell Road at East Andrews Drive on April 2, 2009.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1034 (17)       Claim of Charania Brothers, LLC, through its attorney, Andrea Cantrell Jones, Esq., Dillard & Galloway, LLC, for damages alleged to have been sustained from trespass on property located on Best Road (Tax Parcel 13-28-LL-095) after the expiration of temporary easements.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1035 (18)       Claim of Sandra M. Francis, for damages alleged to have been sustained as a result of a trip and fall in an uncovered water meter on February 16, 2009 at 66 Decatur Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1036 (19)       Claim of Tebra Bates, as guardian of SyJuan Bates, a minor, through their attorney, Coatsey Ellison, for damages alleged to have been sustained as a result of a trip and fall incident in an uncovered water meter on September 16, 2006 at 454 Westmeath Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-1037 (20)       Claim of Liberty Mutual, as subrogee of Latesa Askew, for damages alleged to have been sustained as a result of an automobile accident of February 19, 2009 at Sylvan Road and Deckner Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1038 (21)       Claim of Dyal Thompson, for damages alleged to have been sustained during a street resurfacing project on February 4, 2009 at 10^th Street and Charles Allen Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1039 (22)       Claim of Jane J. Waddell, for damages alleged to have been sustained as a result of striking a pothole on January 7, 2009 at 1193 Collier Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1040 (23)       Claim of Dennis Vaughn, through his attorney, Amjad M. Ibrahim, for damages alleged to have been sustained as a result of striking a construction cut on July 10, 2007 at DeKalb Avenue, NE and Hurt Street, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-R-1041 (24)       Claim of Fredda Heard, through her attorney, Amjad M. Ibrahim, for damages alleged to have been sustained as a result of striking a construction cut on July 10, 2007 at DeKalb Avenue, NE and Hurt Street, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

CONSENT AGENDA

SECTION II

Council President Lisa M. Borders Presided

CONSENT AGENDA

SECTION II

ORDINANCES FOR FIRST READING

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

The following items (1 – 6) were taken as a collective vote.

09-O-1045 ( 1)       An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Section 162-77 (6) so as to specifically allow companies and third parties approved by the Bureau, to administer the examination which all new applicants for driver permits must pass in order to secure their initial permits; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAY

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-O-1046 ( 2)       An Ordinance by Transportation Committee to anticipate and appropriate Grant Funds in the total amount of $2,818,737.00 to be received from the Federal Aviation Administration’s offer via Grant Agreement AIP 3-13-0008-89, for the payment of the United States’ share of 75% of allowable costs incurred in accomplishing the project listed as “Construct Apron, Phase I (MHJIT Apron); and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAY

09-O-1047 ( 3)       An Ordinance by Transportation Committee amending the Code of Ordinances of the City of Atlanta, Georgia, Chapter 22, Aviation, to establish an Airside Operating Permit Process for companies conducting business on the Airside Portion of Hartsfield-Jackson Atlanta International Airport, to establish administrative sanctions for companies violating the permit requirements; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAY

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

TRANSPORTATION COMMITTEE  (CONT’D)

CLAIR MULLER, CHAIR

09-O-1048 ( 4)       An Ordinance by Transportation Committee to amend the FY 2009 [Airport Renewal and Extension Fund (5502), the Airport Passenger Facility Charge Fund (5505), and the Airport 2004 Airport Revenue Bond Fund F-K (5509)] Budgets by transferring to and from Appropriations and Reserves a total amount of $16,331,004.19 to provide additional funding and funding adjustments for various projects at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAY

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-O-1016 ( 5)       An Ordinance by Finance/Executive Committee authorizing the Mayor to waive the Sole Source Selection Provisions contained in the City of Atlanta Code of Ordinances, Article X, Procurement and Real Estate Code so as to authorize the execution of an Agreement with Hill Company, Inc.-Ed Hill for the John F. Kennedy Pool Pak Replacement Project on behalf of the Department of Parks, Recreation and Cultural Affairs, Office of Park Design, in an amount not to exceed $161,500.00 to be charged to and paid from the Account Segment/PTAEO Numbers identified in this Ordinance; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAY

09-O-1053 ( 6)       An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to execute a Ground Site Lease with Clearwater US LLC, for the purpose of providing Wireless Communication Services; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAY

COMMITTEE REPORTS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS

COMMITTEE ON COUNCIL  (1)

FELICIA A. MOORE, CHAIR

Attendance at the June 15, 2009 meeting of the Committee on Council was as follows:

Present:       Councilmembers Moore (Chair), Archibong, Fauver, Maddox and Norwood

Absent:        Councilmember Winslow

COMMUNICATIONS

09-C-0653 ( 1)        A Communication by John Lewis, Jr., Chairman of the Board of Ethics for the City of Atlanta, to Rhonda Dauphin Johnson, Municipal Clerk for the City of Atlanta, reporting the Board’s re-appointment of Ms. Ginny Looney to serve as the Ethics Officer for the City of Atlanta.  This re-appointment, which is subject to confirmation by a majority of the Council and approval by the Mayor, is for a term of four (4) years, scheduled to begin on July 3, 2009.  (Held 5/4/09 by the Committee for further review and consideration.)

Chairperson Moore sounded the caption to 09-C-0653 and offered Amendment #1 to change the years of appointed time from six (6) years to four (4) years.  It was properly Seconded and a discussion ensued.  After which, Moore Amendment #1 CARRIED by a roll call vote of 8 yeas; 5 nays.  Following, Chairperson Moore made a Motion to Confirm as Amended.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 1 nay.

CONFIRMED AS AMENDED BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY

The following communications (2 – 8) were taken as a collective vote.

09-C-0931 ( 2)        A Communication by Mayor Shirley Franklin appointing Ms. Kit Sutherland to serve as a member on the Eastside Tax Allocation District (TAD) Neighborhood Advisory Board in the NPU-M category for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Favorable by Community Development/Human Resources Committee 6/09/09.)

CONFIRMED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (2)

FELICIA A. MOORE, CHAIR

COMMUNICATIONS  (CONT’D)

09-C-1006 ( 3)        A Communication by Councilmembers Felicia A. Moore, District 9; C. T. Martin, District 10 and H. Lamar Willis, Post 3 At-Large appointing Dr. Steven Lee, Sr. to serve as a member of the Zoning Review Board.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Favorable by Zoning Committee 6/10/09.)

CONFIRMED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-C-1007 ( 4)        A Communication by Mayor Shirley Franklin re-appointing Cindy L. Dennis to serve as a member of the Perry/Bolton Tax Allocation District (TAD) Neighborhood Advisory Committee in the NPU-D category on behalf of the City of Atlanta.  This re-appointment is for a term of one (1) year retroactive to September 18, 2008 and to expire on September 18, 2009.  (Favorable by Community Development/Human Resources Committee 6/09/09.)

CONFIRMED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-C-1008 ( 5)        A Communication by Mayor Shirley Franklin appointing Mr. James H. Butler, Jr. to serve as a member of the Perry/Bolton Tax Allocation District (TAD) Neighborhood Advisory Committee in the NPU-J category on behalf of the City of Atlanta.  This appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.  (Favorable by Community Development/Human Resources Committee 6/09/09.)

CONFIRMED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-C-1009 ( 6)        A Communication by Mayor Shirley Franklin appointing Ms. Alisa M. Chambers to serve as a member of the Keep Atlanta Beautiful Board of Directors on behalf of the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Favorable by City Utilities Committee 6/09/09.)

CONFIRMED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-C-1010 ( 7)        A Communication by Mayor Shirley Franklin appointing Ms. Holly D. Elmore to serve as a member of the Keep Atlanta Beautiful Board of Directors on behalf of the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Forwarded with no recommendation by City Utilities Committee 6/09/09.)

CONFIRMED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (3)

FELICIA A. MOORE, CHAIR

COMMUNICATIONS  (CONT’D)

09-C-1011 ( 8)        A Communication by Mayor Shirley Franklin appointing Terri A. Simmons to serve as a member of the Atlanta Sister Cities Commission on behalf of the City of Atlanta.  This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation.  (Favorable by Finance/Executive Committee 6/10/09.)

CONFIRMED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

ORDINANCE FOR SECOND READING

09-O-1062 ( 1)       A Substitute Ordinance by Committee on Council to amend Chapter 2, (Entitled “Administration”), Article II, Division 2, Section 2-133 (Entitled “Operations; Procedures”) of the City of Atlanta Code of Ordinances and Section 10.2 of the City Council Rules so as to clarify Quorum Requirements for City Council Standing Committee Meetings; and for other purposes.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESOLUTION

09-R-1096 ( 1)        A Resolution by Committee on Council re-appointing Roderick “Rod” E. Edmond, M.D., J.D., to serve as a member of the Atlanta Citizen Review Board.  This re-appointment is for a term of three (3) years, to begin retroactively June 12, 2009 and to expire June 12, 2012.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON COUNCIL BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (1)

CARLA SMITH, CHAIR

Attendance at the June 09, 2009 meeting of the City Utilities Committee was as follows:

Present:       Councilmembers Smith (Chair), Shook, Muller, Mitchell, Young, Sheperd and Archibong

Absent:        None

ORDINANCES FOR SECOND READING

09-O-0797 ( 1)       An Ordinance by City Utilities Committee amending Chapter 130, Article II, Division 4, Section 130-83(a) of the Code of Ordinances of the City of Atlanta, to create a Minimum Collections Fee for Solid Waste Service Charges; amending Section 130-84 of the Code of Ordinances of the City of Atlanta to create a new subsection to authorize a fee for the use of specialized equipment during Solid Waste Collection; and for other purposes.  (Public Hearing held 5/12/09.)

ADOPTED BY A ROLL CALL VOTE OF 12 YEAS; 2 NAYS

09-O-0847 ( 2)       An Ordinance by City Utilities Committee to amend Section 130-83(a) of the City’s Code of Ordinances to reflect the current practice of annual billing for Solid Waste Service; to authorize the assessment of prorated Solid Waste Service Fees for properties that begin service subsequent to the assessment of annual bills; and for other purposes.

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 1 NAY

RESOLUTION

09-R-1083 ( 1)        A Resolution by City Utilities Committee authorizing the Mayor to issues a Notice to Proceed to Atlanta Services Group, for FC-7619-03B, Citywide Annual Contract for Architectural and Engineering Services for R. M. Clayton WRC Cogeneration Project, on behalf of the Department of Watershed Management, in an amount not to exceed $398,489.06; all contracted work will be charged to and paid from Fund, Department Organization and Account Number: 5052 (Water & Wastewater Revenue Fund) 170302 (DWM Watershed Utility) 5212001 (Consulting/Professional) 1535000 (Data Processing); and for other purposes.

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (1)

JOYCE SHEPERD, VICE-CHAIR

Attendance at the June 09, 2009 meeting of the Community Development/Human Resources Committee was as follows:

Present:       Councilmembers Sheperd (Vice-Chair), Hall, Young and Mitchell

Absent:        Councilmembers Maddox, Norwood and Willis

ORDINANCES FOR SECOND READING

08-O-2122 ( 1)       An Ordinance by Community Development/Human

CDP-08-54             Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate properties located at 1146 and 1152 Portland and 1131 and 1137 Glenwood Avenue from the “Low Density Residential” Land Use Designations to the “Low Density Commercial” Land Use Designation (Z-08-73); and for other purposes.  (Public Hearing held 11/24/08)

NPU-W                            Council District 1

FILED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0853 ( 2)       An Ordinance by Community Development/Human

CDP-09-23             Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 2699 Peachtree Road from the Low Density Residential and High Density Residential Land Use Designations to the High Density Residential Land Use Designation (Z-09-13); and for other purposes.  (Public Hearing held 6/08/09)

NPU-B                                      Council District 7

FILED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (1)

C. T. MARTIN, VICE-CHAIR

Attendance at the June 09, 2009 meeting of the Public Safety and Legal Administration Committee was as follows:

Present:       Councilmembers Martin (Vice-Chair), Hall, Willis, Fauver and Sheperd

Absent:        Councilmember Winslow

ORDINANCE FOR SECOND READING

09-O-1068 ( 1)       An Ordinance by Councilmember C. T. Martin to reauthorize the extension of all permits for vending on Public Property issued in 2003 to December 31, 2009, or until that certain contract between the City of Atlanta and General Growth Properties, Inc. or that entity which responded to the RFP, U. K. – LaSalle, LLC, an entity solely owned by GGP Holding II, Inc., has been executed, whichever occurs sooner; to re-impose a Moratorium on the Issuance of Permits to vend on Public Property until December 31, 2009, or until that certain contract between the City of Atlanta and General Growth Properties, Inc. or that entity which responded to the RFP, U. K. – LaSalle, LLC, an entity solely owned by GGP Holding II, Inc., has been executed, whichever occurs sooner; to waive conflicting ordinances; and for other purposes.

Vice-Chairperson Martin sounded the caption to Ordinance 09-O-1068 and stated the committee forwarded the item with No Recommendation.  As prerogative as Vice-Chair, Mr. Martin made a Motion to Adopt.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 1 nay.

ADOPTED BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY

RESOLUTION

09-R-0375 ( 1)        A Resolution by Councilmember Anne Fauver supporting and endorsing the proposed Resolution of the Fulton County Commission to restrict the practice of chaining or tethering dogs in Fulton County; and for other purposes. 

FILED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (2)

C. T. MARTIN, VICE-CHAIR

ITEMS REMOVED FROM CONSENT AGENDA

The following items (09-O-0799 and 09-O-0801) were taken as a collective vote.

09-O-0799 ( 1)       A Substitute Ordinance by Public Safety and Legal Administration Committee to amend Chapter 78 of the City of Atlanta Code of Ordinances, entitled Fire Prevention and Protection, by entitling Article IV “Fees for Fire Rescue Services”; to create a new Section 78-68 therein to be called ‘Definitions’ to create a new Section 78-69 therein to be called ‘Fee Schedule’; to create a new Section therein 78-71 to be called “Commercial Negligence Hazardous Materials Fee”; For the purpose of authorizing the imposition of fees upon commercial contractors or privately owned companies who have been determined to have negligently caused hazardous conditions which require responses by the Atlanta Fire Rescue Department, on behalf of the Atlanta Fire Rescue Department; and for other purposes.  (Public Hearing held 5/12/09) 

Vice-Chairperson Martin removed Ordinances 09-O-0799 and 09-O-0801 from the Consent Agenda.  Mr. Martin then sounded the caption to both items and made a Motion to bring forth Substitutes.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Both Substitutes were before Council.  Following, Vice-Chairperson Martin made a Motion to Adopt both 09-O-0799 and 09-O-0801 on Substitute.  Subsequently, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (3)

C. T. MARTIN, VICE-CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

09-O-0801 ( 2)       A Substitute Ordinance by Public Safety and Legal Administration Committee to amend Chapter 78 of the City of Atlanta Code of Ordinances, entitled Fire Prevention and Protection, by entitling Article IV “Fees for Fire Rescue Services”; to create a new Section 78-68 therein to be called ‘Definitions’ to create a new Section 78-69 therein to be called ‘Fee Schedule’; to create a new Section therein 78-72 to be called

 “Private Emergency Management Service Company Assistance Fee”; for the purpose of authorizing the imposition of fees upon Private Emergency Medical Service Companies for assistance provided to them by the Atlanta Fire Rescue Department in unloading or moving patients during non-emergency situations, on behalf of the Atlanta Fire Rescue Department; and for other purposes.  (Public Hearing Held 5/12/09) 

Vice-Chairperson Martin removed Ordinances 09-O-0799 and 09-O-0801 from the Consent Agenda.  Mr. Martin then sounded the caption to both items and made a Motion to bring forth Substitutes.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Both Substitutes were before Council.  Following, Vice-Chairperson Martin made a Motion to Adopt both 09-O-0799 and 09-O-0801 on Substitute.  Subsequently, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

TRANSPORTATION COMMITTEE  (1)

CLAIR MULLER, CHAIR

Attendance at the June 10, 2009 meeting of the Transportation Committee was as follows:

Present:       Councilmembers Muller (Chair), Hall, Moore, Martin, Mitchell and Willis

Absent:        None

ORDINANCE FOR SECOND READING

09-O-1069 ( 1)       An Ordinance by Councilmember C. T. Martin to amend Section 162-260 (a), (Entitled “Fees Charged by Vehicle Immobilization Service”) of the Code of Ordinances of the City of Atlanta, Georgia, so as to increase the allowable fee charged by Vehicle Immobilization Services, to the owner of any immobilized vehicle or personal property, from $50.00 per day to $75.00 per day; to waive conflicting ordinances; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESOLUTION

09-R-1051 ( 1)        A Resolution by Transportation Committee authorizing the Mayor to execute a contract with Archer Western Contractors, LTD., for Project Number FC-4925, Runway 10-28 Grading & Drainage Improvements, at Hartsfield-Jackson Atlanta International Airport, in an amount not to exceed $3,345,267.00.  All services will be charged to and paid from PTAEO: 18101595 (Commuter Runway) 104 (R21E052093CM) 550821362 (DOA 2004 C D E PFC 93CM) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA: 5508 (2004 Airport PFC Bond Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 101595 (Commuter Runway) 21362 (DOA 2004 C D E PFC 93CM) 0000 (Default) 00000000 (Default) 00000000 (Default).

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (1)

IVORY L. YOUNG, JR., CHAIR

Attendance at the June 10, 2009 meeting of the Zoning Committee was as follows:

Present:       Councilmembers Young (Chair), Archibong, Smith, Shook and Fauver

Absent:        Councilmembers Martin and Norwood

ORDINANCES FOR SECOND READING

08-O-1009 ( 1)       An Ordinance by Community Development/Human

CDP-08-22             Resources Committee to amend the Land Use Element of the City of Atlanta 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 1040 Grant Street, from “Industrial” Land Use Designation to “Mixed Use” Land Use Designation; and for other purposes.  (Public Hearings held 6/9/08 and 9/8/08) (Favorable by CD/HR Committee 9/9/08) (Favorable by Zoning Committee 9/10/08)

NPU-W                            Council District 1

ADOPTED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

08-O-0838 ( 2)       An Ordinance by Councilmember Ivory L. Young,

Z-08-20                 Jr. as Amended (#2) by Zoning Committee to rezone from the I-1 (Light Industrial) District to the MRC-3-C (Mixed Residential-Commercial-Conditional) District, property located at 1040 Grant Street, SE, fronting approximately 194.5 feet on the east side of Grant Street at the intersection of Grant Circle.  (Favorable by Zoning Committee 9/10/08)

Depth:         Approximately 360 Feet

Area:           1.57 Acres

Land Lot:     42, 14^th District, Fulton County, Georgia

Owner:        David S. Stith (for Grant Street Partners)

Applicant:    Caleb Racioct (for Grant Street Partners)

NPU-W         Council District 1

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (2)

IVORY L. YOUNG, JR., CHAIR

ORDINANCE FOR FIRST READING

09-O-1079 (1)        An Ordinance by Zoning Committee to amend Ordinance U-

U-84-20                 84-20, as adopted by the City Council on August 6, 1984 and approved by the Mayor on August 8, 1984, for the purposes of approving a transfer of ownership for a Community Service Facility for property located at 320 W. Paces Ferry Road, NW; and for other purposes.

REFERRED TO ZONING COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (1)

HOWARD SHOOK, CHAIR

Attendance at the June 10, 2009 meeting of the Finance/Executive Committee was as follows:

Present:       Councilmembers Shook (Chair), Moore, Muller and Smith

Absent:        Councilmembers Maddox and Winslow

REPORT

09-TR-1050 ( 1)      Report of the Chief Financial Officer of the Transfer of Appropriations from one Line Item to another Line Item to various Funds as approved under Section 6-304(b) of the Charter of the City of Atlanta.

FILED BY A ROLL CALL VOTE OF 12 YEAS; 2 NAYS

ORDINANCES FOR SECOND READING

The following items (1 – 6) were taken as a collective vote.

08-O-0299 ( 1)       An Ordinance by Councilmember Howard Shook authorizing a Twelfth Supplemental Bond Ordinance Supplementing the restated and amended Master Bond Ordinance of the City of Atlanta Adopted on March 20, 2000, as previously Amended and supplemented, to authorize the issuance by the City of Atlanta of its Variable Rate Airport General Revenue Refunding Bonds, Series 2008A, in one or more Series, in an aggregated principal amount of not to exceed $550,000,000.00, each to bear interest in a Variable Rate Mode; to refund all or a portion of the City’s Variable Rate Airport General Revenue Refunding Bonds, Series 2003RF-B and Series 2003RF-C; to provide for a reasonably required debt service reserve; to provide for the rights of the holders of said Bonds; to make certain other covenants and agreements in connection with the issuance of such Bonds; to provide certain terms and details of said Bonds, including authorizing delegated negotiated sales of said Bonds; to provide for the execution of certain agreements relating to one or more credit and/or liquidity facilities with respect to the Series 2008A Bonds; to pay expenses relating thereto; to authorize the preparation, use and distribution of one or more preliminary and final official statements in connection with the offer and sale of the Series 2008A Bonds; to provide for the Annual Submission of certain Financial Information and Operating Data pursuant to Rule 15C2-12 of the Securities and Exchange Commission; to designate one or more underwriters and remarketing agents, and a tender and paying agent and to approve forms of various other

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (2)

HOWARD SHOOK, CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

08-O-0299 ( 1)       agreements in connection with the issuance of said Bonds;

(Cont’d)                 providing for incidental action; providing for severability; to provide an effective date; and for other related purposes.

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

08-O-0402 ( 2)       A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Procurement Officer to purchase property located at 207/211 Vine Street, NW and 601/605 Spencer Street, NW, Atlanta, Georgia 30314; to provide for the appraisal of the property; to obtain title reports; to negotiate the purchase price of the property; to authorize the use of legal proceedings if necessary to obtain the property; to accept funds in the amount of $725,000.00 plus funds for other expenses from the Atlanta Development Authority to be applied towards the purchase of the property; and for other purposes.

FILED SUBSTITUTE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

08-O-2257 ( 3)       An Ordinance by Councilmember C. T. Martin to amend Article “V” Classification Plan, Section 114-477, of the Code of Ordinances, City of Atlanta, Georgia, so as to create a Classification and Position of Economist; and for other purposes.

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0098 ( 4)       An Ordinance by Councilmember Howard Shook rescinding all permits given by the City of Atlanta regarding 4141 Wieuca Road; and for other purposes.

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0372 ( 5)       An Ordinance by Councilmember C. T. Martin amending Section 114-429 (Voluntary Shared Leave Program) of the City of Atlanta Code of Ordinances for the purpose of allowing employees to donate accrued leave (sick or annual) to eligible employees in need of a donation prior to that individual having to exhaust all of their own leave; and for other purposes.

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0386 ( 6)       An Ordinance by Councilmember C. T. Martin and the Atlanta City Council authorizing the Chief Financial Officer to transfer funds from each Councilmember Account, as designated by individual Council Member, to cover the cost of hiring a consultant to write grant requests on behalf of the Department of Police and the Department of Fire and Rescue; and for other purposes.

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (3)

HOWARD SHOOK, CHAIR

2010 BUDGET RELATED ORDINANCES

09-O-0773 ( 7)       A Substitute(#2) Ordinance by Finance/Executive Committee Adopting the FY 2010 Proposed Budget; and for other purposes.

Chairperson Shook sounded the caption to Ordinance 09-O-0773 and made a Motion to bring forth a Substitute.  Without Objection, the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.  The Substitute was before Council.  After a brief discussion, Chairperson Shook made a Motion to Table for a Special Called Meeting to be held 6/29/09.  The Motion then CARRIED by a roll call vote of 14 yeas; 0 nays

TABLED SUBSTITUTE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0774 ( 8)       A Substitute Ordinance by Finance/Executive Committee to amend Section 146-26 (b), (c), (d), (e) and (f) of the Code of Ordinances of the City of Atlanta, so as to change the Ad Valorem Tax Rate and Real and Personal Property for the General Levy, Debt Levy, City Parks Levy, School Operating Levy, School Debt Levy and the Special Tax District Levy; to provide that the Tax Rates established herein shall remain fixed each year until amended or repealed; and for other purposes.

Chairperson Shook sounded the caption to Ordinance 09-O-0774 and stated the committee forwarded with No Recommendation on Substitute on Condition (receive information on Library Levy).  A discussion ensued, during which, Council deferred 09-O-0774 to later during the meeting.  Returning back to the ordinance, Chairperson Shook made a Motion to bring forth a Substitute.  It was Seconded by Councilmember Norwood and CARRIED by a roll call vote of 14 yeas; 0 nays.  The Substitute was before Council.  Mr. Shook then made a Motion to Table for the Special Called Meeting to be held 6/29/09.  Subsequently, the Motion CARRIED by a roll call vote of 14 yeas; 0 nays. 

TABLED SUBSTITUTE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (4)

HOWARD SHOOK, CHAIR

2010 BUDGET RELATED ORDINANCES  (CONT’D)

09-O-0822 ( 9)       A Substitute Ordinance by Finance/Executive Committee Adopting the FY 2010 Capital, Special Revenue, and Fiduciary Funds for the City of Atlanta.

Chairperson Shook sounded the caption to Ordinance 09-O-0822 and stated the committee forwarded with No Recommendation on Substitute.  Following, Mr. Shook made a Motion to Table for a Special Called Meeting to be held 6/29/09.  The Motion then CARRIED by a roll call vote of 14 yeas; 0 nays.

TABLED SUBSTITUTE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-1005 (10)       An Amended Ordinance by Finance/Executive Committee to amend Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to transfer positions, abolish and create positions and classifications; provide for certain position reclassifications, and other personnel actions in line with the 2010 Budget; provide authorization for Wastewater Treatment and Collection Apprentice Program Compensation; and for other purposes.

Chairperson Shook sounded the caption to Ordinance 09-O-1005 and stated the committee forwarded with No Recommendation as Amended.  Following, Councilmember Norwood was recognized and offered Amendment #1 to remove the abolishment of the Executive Director of the Urban Design Commission.  It was properly Seconded and a brief discussion ensued.  After which, Norwood Amendment #1 CARRIED by a roll call vote of 13 yeas; 0 nays.  Another brief discussion ensued.  Thereafter, Chairperson Shook made a Motion to Table for a Special Called Meeting to be held 6/29/09.  Subsequently, the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.  Later during the meeting, a Motion to Reconsider Ordinance 09-O-1005 was made.  It was properly Seconded and CARRIED by a roll call vote of 14 yeas; 0 nays.  The ordinance was before Council.  Following, Councilmember Smith made a Motion to Amend.  It was Seconded by Councilmember Young and Smith Amendment #1/#2 CARRIED by a roll call vote of 13 yeas; 0 nays.  Councilmember Moore was then recognized and made a Motion to Table as Amended for a Special Called Meeting to

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (5)

HOWARD SHOOK, CHAIR

2010 BUDGET RELATED ORDINANCES  (CONT’D)

09-O-1005 (10)       be held 6/29/09.  It was Seconded by Councilmember

(Cont’d)                 Martin and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.

TABLED AS AMENDED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-1073 (11)       An Ordinance by Councilmember Howard Shook to set the terms of the City of Atlanta’s Water and Wastewater Revenue Bonds, Series 2009, including principal amounts, interest rates, maturity dates, and redemption provisions; and for other purposes.

Chairperson Shook sounded the caption to Ordinance 09-O-1073 and stated the committee forwarded with No Recommendation.  Following, Mr. Shook made a Motion to Table for a Special Called Meeting to be held 6/17/09.  Without Objection, the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.

TABLED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESOLUTIONS

06-R-1667 ( 1)        An Amended Resolution by Finance/Executive Committee authorizing the Mayor to execute a Master Agreement with TDC Systems Integration, Inc., for FC-6006007881, for Citywide On-call Services for Information Technology Staffing; authorizing the Chief Information Officer of the Department of Information Technology, the Director of Information Technology of the Department of Watershed Management and the Aviation Information Systems Director of the Department of Aviation, to execute all statements of work; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; not to exceed $400,000.00 per year for each Department, specifically Watershed Management, Aviation and Information Technology, with the total cost not to exceed $1,200,000.00; and for other purposes.

FILED AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (6)

HOWARD SHOOK, CHAIR

RESOLUTIONS  (CONT’D)

The following resolutions (09-R-1057 and 09-R-1058) were taken as a collective vote.

09-R-1057 ( 2)        A Substitute Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to the Multiple Sclerosis Center of Georgia, Inc. in an amount not to exceed $56,693.94 for an overpayment of Business License Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1058 ( 3)        A Substitute Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Bishop & Brogdon Company in an amount not to exceed $5,886.36 for an overpayment of Business Tax Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1078 ( 4)        A Resolution by Councilmember Jim Maddox to support H.R. 2139: Initiating Foreign Assistance Reform Act of 2009 that is presently before the United States Congress; and for other purposes.

Chairperson Shook sounded the caption to Resolution 09-R-1078 and stated the committee forwarded with No Recommendation.  A discussion ensued, during which, Councilmember Maddox made a Motion to Adopt.  It was Seconded by Councilmember Moore and the Motion CARRIED by a roll call vote of 10 yeas; 2 nays.

ADOPTED BY A ROLL CALL VOTE OF 10 YEAS; 2 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (7)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA

09-O-0776 ( 1)       An Ordinance by Finance/Executive Committee to amend the Amortization Schedules of the General Employees, Police Officers, and Firefighters Pension Plans from a Forty year Closed Schedule to a Thirty Year Open Ended Schedule; and for other purposes.

The above item was removed from the Consent Agenda by request of Chairperson Shook.  Mr. Shook sounded the caption to Ordinance 09-O-0776 and made a Motion to bring forth a Substitute.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  The Substitute was before the Council.  Chairperson Shook then made a Motion to Adopt on Substitute.  After a brief discussion, the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1084 ( 2)        A Resolution by Finance/Executive Committee authorizing the Mayor to enter into Contractual Agreements for FC-4907, Employee Benefits, with Blue Cross Blue Shield of Georgia for Group Health-POS and Life, Kaiser Permanente for Group Health-HMO, Humana Health Care for Dental-HMO, Cigna Health Care for Dental-PPO, Optum Health for Voluntary Vision, and the AFLAC Assurance for Flexible Spending Accounts (FSA) and Voluntary Benefits; establish Premium Rates for Health, Dental and Voluntary Vision - Employee Funded Insurance for FY2010 to be charged to and paid from the appropriate Fund, Department, Organization, and Account Numbers: 6002 200604 5730201 (Employee Health Insurance Expense), 6002 200605 5730202 (Non-Employee/Retiree Health Insurance Expense), 6002 200609 5524002 (Employee Vision Care Insurance), 6002 200611 5524003 (Retiree Vision Care Insurance), 6002 200607 5730201 (Employee Life Insurance Expense), 6002 200608 5730202 (Non-Employee/Retiree Life Insurance Expense); and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Martin.  Mr. Martin was recognized and made a Motion to Table.  The Motion FAILED due to the lack of a Second.  A discussion ensued, during which, Councilmember Martin made a Motion to Table for the Special Called Meeting to be held 6/29/09.  It was

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (8)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

09-R-1084 ( 2)        properly Seconded and the Motion CARRIED by a roll call

(Cont’d)                 vote of 13 yeas; 1 nay.  At the end of the meeting, Councilmember Sheperd made a Motion to Reconsider Resolution 09-R-1084.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Ms. Sheperd then made a Motion to remove the resolution from the Table.  It was properly Seconded and CARRIED by a roll call vote of 12 yeas; 0 nays.  09-R-1084 was before Council.  After which, Councilmember Sheperd made a Motion to Suspend the Rules of Council to hear from Director Charles Kimble, Employee Benefits.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.  The Rules of Council were Suspended.  A discussion ensued with Council inquiries to Director Charles Kimble of Employee Benefits.  After the question and answer period, Councilmember Moore made a Motion to return to Regular Session.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Council re-entered Regular Session.  Ms. Moore then made a Motion to Adopt.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 1 nay.

ADOPTED BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY

PERSONAL PAPERS

Council President Lisa M. Borders Presided

PERSONAL PAPERS

ORDINANCES/REFERRED

09-O-1099 ( 1)       An Ordinance by Councilmembers Howard Shook and Clair Muller supplementing the restated and amended Master Bond Ordinance of the City of Atlanta adopted on March 20, 2000 (99-O-1896), as previously amended and supplemented by the First Supplemental Bond Ordinance of the City of Atlanta adopted on March 30, 2000 (00-O-0214), the Second Supplemental Bond Ordinance of the City of Atlanta adopted on October 7, 2002 (02-O-1463), the amended and restated Third Supplemental Bond Ordinance of the City of Atlanta adopted on May 19, 2003 (03-O-0772), the Fourth Supplemental Bond Ordinance of the City of Atlanta adopted on June 2, 2003 (03-O-0835), the Fifth Supplemental Bond Ordinance of the City of Atlanta adopted on September 15, 2003 (03-O-1448), the Sixth Supplemental Bond Ordinance of the City of Atlanta adopted on November 17, 2003 (03-O-1871), the Seventh Supplemental Bond Ordinance of the City of Atlanta adopted on April 19, 2004 (04-O-0431), the Eighth Supplemental Bond Ordinance of the City of Atlanta adopted on October 18, 2004 (04-O-1811), the Ninth Supplemental Bond Ordinance of the City of Atlanta adopted on October 3, 2005 (05-O-1717), the Tenth Supplemental Bond Ordinance of the City of Atlanta adopted on April 17, 2006 (06-O-0551), the Eleventh Supplemental Bond Ordinance of the City of Atlanta adopted on April 17, 2006 (06-O-0552), the Twelfth Supplemental Bond Ordinance of the City of Atlanta adopted on February 18, 2008 (08-O-0216), and the Thirteenth Supplemental Bond Ordinance of the City of Atlanta adopted on                     ,2009 (09-O- ); to provide for the issuance of Airport General Revenue Bonds Series 2009B and Series 2009C in the aggregate principal amount of not to exceed $800,000,000 to provide funds to finance or refinance, in whole or in part, the cost of the planning, engineering, design, acquisition and construction of certain improvements to Hartsfield-Jackson Atlanta international Airport, and to pay expenses relating thereto; to authorize and approve the preparation, use and distribution of an official statement in connection with the offer and sale of the bonds; granting the Mayor the authority to deem final the preliminary official statement for purposes of Securities and Exchange Commission Rule 15c2-12; granting the Mayor the authority to approve and execute a final official statement; approving the forms of a continuing disclosure agreement, a bond purchase agreement, and certain other agreements in connection with said Series 2009B Bonds and Series 2009C Bonds; authorizing the conduct of a public hearing as required by Internal Revenue Code Section 147(f), the negotiation and purchase of Municipal Bond insurance and the selection of a bond insurer with respect to all or a portion of said Series 2009 Bonds, if determined to be in the best interest of the City;

Council President Lisa M. Borders Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1099 ( 1)       designating a paying agent and bond registrar; to provide for the

(Cont’d)                 form of the bonds and for the execution of the bonds; to provide for the place of payment of the principal of and interest on the bonds; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1100 ( 2)       An Ordinance by Councilmembers Howard Shook and Clair Muller supplementing the restated and amended Master Bond Ordinance of the City of Atlanta adopted on March 20, 2000 (99-O-1896), as previously amended and supplemented, to authorize the issuance by the City of Atlanta of its not to exceed $590,000,000 Airport General Revenue Refunding Bonds, Series 2009A to provide funds for the purpose of, among other things, refunding and redeeming all or a portion of said Series 2003RF-B Bonds and Series 2003RF-C Bonds, fund a reasonably required debt service reserve, pay or reimburse the City for all or a portion of a termination payment in connection with the termination of those certain interest rate exchange agreements related to the City’s outstanding Airport General Revenue Bonds Series 2003RF-B and the City’s outstanding Airport General Revenue Bonds Series 2003RF-C and pay expenses relating thereto; to provide for the form of said Series 2009A Bonds and for the execution of said Series 2009A Bonds; to provide for the place of payment of the principal of and interest on said Series 2009A Bonds; providing for the rights of the holders of said Series 2009A Bonds; to authorize and approve the preparation, use and distribution of a preliminary official statement and a final official statement in connection with the offer and sale of the said Series 2009A Bonds; granting the Mayor the authority to deem final the preliminary official statement for purposes of Securities and Exchange Commission Rule15c2-12; granting the Mayor the authority to approve and execute a final official statement; approving the forms and authorizing the execution of said Series 2009A Bonds, a continuing disclosure agreement, a bond purchase agreement, and certain other agreements in connection with said Series 2009A Bonds and providing for incidental action; authorizing the negotiation and purchase of Municipal Bond insurance and the selection of a bond insurer with respect to all or a portion of said Series 2009A Bonds, if determined to be in the best interest of the City; designating a

Council President Lisa M. Borders Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1100 ( 2)       paying agent and bond registrar; providing for severability;

(Cont’d)                 authorizing certain offices and employees of the City to take all actions required in connection with the issuance of said Series 2009A Bonds; providing certain other details with respect thereto; providing an effective date; and for other related purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1101 ( 3)       An Ordinance by Councilmembers Felicia A. Moore, Joyce M. Sheperd, Howard Shook, Clair Muller, Carla Smith, C. T. Martin, Mary Norwood, Ivory Lee Young, Jr., Anne Fauver, Ceasar C. Mitchell, Kwanza Hall, H. Lamar Willis, Jim Maddox and Natalyn Mosby Archibong to amend the City of Atlanta Code of Ordinances Section 2-371, Office of Budget and Fiscal Policy, so as to create a new Section 2-371(c); requiring the development and adoption of a 2009-2014 Financial Stabilization Plan by October 15, 2009; adopting fiscal stabilization priorities, by preference, to be included in the plan; requiring annual adoption of the plan prior to the annual budget adoption; to repeal conflicting ordinances; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1102 ( 4)       An Ordinance by Councilmember Felicia A. Moore to amend Chapter 2, Administration, Article VI, Departments, of the Code of Ordinances, City of Atlanta, Georgia, so as to reorganize the Department of Finance deleting Section 2-378 Office of Strategic and Financial Planning; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1103( 5)        An Ordinance by Councilmember C. T. Martin to amend Article XXII (entitled “Vending on Public Property”), Division 1, Section 30-1401 of the Code of Ordinances of the City of Atlanta, Georgia so as to exempt disabled veterans who possess active vending permits as of January 1, 2009, from participation in the Public Vending Management Program as prescribed in Section 30-1409 of the Code of Ordinances; to waive conflicting ordinances; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

Council President Lisa M. Borders Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1104 ( 6)       An Ordinance by Councilmember Natalyn Mosby Archibong transferring funds from the District Five (5) Councilmember expense accounts to various community service and non-profit organizations for the betterment of Council District Five; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1105 ( 7)       An Ordinance by Councilmember Natalyn Mosby Archibong amending the City of Atlanta’s Code of Ordinances “Division 3, Standing and Other Committees” Section 2-135 for the purpose of inserting language requiring that departmental quarterly reviews be held by the appropriate standing committee; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1106 ( 8)       An Ordinance by Councilmembers Anne Fauver and Kwanza Hall extending the time of operation of the transferable development rights Special Use Permit approved by Ordinance 08-O-0653 (U-08-14); to repeal conflicting ordinances; and for other purposes.

REFERRED TO ZONING COMMITTEE WITHOUT OBJECTION

09-O-1107 ( 9)       An Ordinance by Councilmembers Anne Fauver and Kwanza Hall extending the time of operation of the transferable development rights Special Use Permit approved by Ordinance 08-O-1145 (U-08-19); to repeal conflicting ordinances; and for other purposes.

REFERRED TO ZONING COMMITTEE WITHOUT OBJECTION

09-O-1108 (10)       An Ordinance by Councilmember Kwanza Hall to authorize the installation of Public Art at 1600 Peachtree Street N.W., Atlanta, GA  30309 pursuant to Section 16-28.025 of the City of Atlanta Land Development Code; and for other purposes.

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION

09-O-1109 (11)       An Ordinance by Councilmember Felicia A. Moore to amend Chapter 2, Administration, Article VI, Departments, Division 2, Subdivision II of the Code of Ordinances, City of Atlanta, Georgia, so as to amend Sec. 2-342 Expenditures for Continuing Operation of City; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

ADJOURNMENT

Council President Lisa M. Borders Presided

ADJOURNMENT

There being no further business to discuss, the June 15, 2009 meeting of the Atlanta City Council was adjourned at 4:46 p.m.

ADJOURNMENT ROLL CALL:  Council President Lisa M. Borders (1); Councilmembers Smith, Hall, Young, Archibong, Fauver, Shook, Muller, Moore, Martin, Maddox, Sheperd, Mitchell, Norwood and Willis (14).