Friday, July 10, 2009

ATLANTA CITY COUNCIL

ACTION/MINUTES

JULY 06, 2009

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, July 06, 2009.  The Meeting convened at 1:15 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 and The Honorable Acting Council President Pro Tempore Felicia A. Moore 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 Anne Fauver was absent.

INVOCATION: Chaplain Thomas Houston of Atlanta Fire and Rescue 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 15, 2009 Regular Meeting and the Action/Minutes of the June 17 and June 29, 2009 Special Called Meetings are true and correct.  The Minutes were FILED without objection.

COMMUNICATIONS

Council President Pro Tempore Natalyn Archibong Presided

COMMUNICATIONS

09-C-1203 ( 1)      A Communication by Councilmember Anne Fauver re-appointing Mr. John Wolfinger to serve as a member of the Keep Atlanta Beautiful Board of Directors.  This re-appointment is retroactive to November 6, 2008 and expires November 06, 2010.

                            REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1204 ( 2)      A Communication by Mayor Shirley Franklin appointing Ms. Cynthia Wolfe 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.

                            REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1205 ( 3)      A Communication from President & CEO Leona Barr-Davenport, Atlanta Business League, to President Lisa M. Borders and Members of Council submitting the Atlanta Business League re-appointment of Mr. Owen Montague to serve as a member of the Atlanta Citizen Review Board.  This re-appointment is for a term of three (3) years, retroactive to June 04, 2009 and expires June 04, 2012. 

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

09-C-1206 ( 4)      A Communication by Chief Procurement Officer Adam L. Smith submitting the June 2009 Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances. 

FILED WITHOUT OBJECTION

09-C-1207 ( 5)        A Communication by Mayor Shirley Franklin appointing Ms. Carol King to serve as a member of the Commission on Aging on behalf of the City of Atlanta.  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-1208 ( 6)        A Communication by Mayor Shirley Franklin appointing Ms. Carol King to serve as a member of the Civil Service Board on behalf of the City of Atlanta.  This appointment is to fill the unexpired term of Carole Dortch to expire May 21, 2010.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

Council President Pro Tempore Natalyn Archibong Presided

COMMUNICATIONS  (CONT’D)

09-C-1209 ( 7)        A Communication by Mayor Shirley Franklin re-appointing Ola W. Reynolds to serve as a member of the Perry/Bolton Tax Allocation District (TAD) Neighborhood Advisory Committee in the NPU-G category on behalf of the City of Atlanta.  This re-appointment is for a term of one (1) year, retroactive to March 07, 2009 and expires on March 07, 2010.

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

VETOED LEGISLATION

Council President Pro Tempore Natalyn Archibong Presided

VETOED LEGISLATION

NONE

UNFINISHED BUSINESS

Council President Pro Tempore Natalyn Archibong Presided

UNFINISHED BUSINESS

NONE

CONSENT AGENDA

SECTION I

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA

There was no separate discussion of the following items with the exception of item 09-R-1127 which was 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: 13 Yeas: Councilmembers Smith, Hall, Young, Winslow, Archibong, Shook, Muller, Moore, Martin, Maddox, Sheperd, Mitchell and Norwood; 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-0519 ( 1)       A Substitute Ordinance by Community Development/Human Resources Committee authorizing funding for Various Grant Positions under the 2009 Community Development (CDBG) Budget, 2009 Emergency Shelter Grant (ESG) Budget, 2009 Home Investment (HOME) Budget and the 2009 Housing Opportunities for Persons with AIDS (HOPWA); and for other purposes.

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

09-O-0533 ( 2)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by adding to anticipations and appropriations in the amount of $1,553,359.00 for the purpose of funding various projects assigned to the Department of Parks, Recreation and Cultural Affairs that are included in the 2009 Annual Action Plan of the 2004-2009 Consolidated Plan; and for other purposes.

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

09-O-0534 ( 3)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by adding to anticipations and appropriations in the amount of $2,379,492.00 and the 2009 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $2,589,019.00 for the purpose of funding various projects assigned to the Department of Finance, Department of Watershed Management and Municipal Courts that are included in the 2009 Annual Action Plan of the 2004-2009 Consolidated Plan; and for other purposes.

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

Council President Pro Tempore Natalyn Archibong 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-0535 ( 4)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by transferring appropriations in the amount of $150,000.00 to Fund CD-795, SEA Residential Drain and Sewer Improvements and amending the 2009 (HOME Investment Trust Fund) Budget in the amount of $157,140.00 to fund HM-755, Atlanta Affordable Housing Opportunities Program (AAHOP) that are included in the 2009 Annual Action Plan of the 2004-2009 Consolidated Plan; and for other purposes. 

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

09-O-0536 ( 5)       An Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by adding to anticipations and appropriations in the amount of $2,343,961.00 and by amending the 2009 (HOME Investment Trust Fund) Budget by adding to anticipations and appropriations in the amount of $3,601,927.00 for the purpose of funding various projects assigned to the Department of Planning and Community Development that are included in the 2009 Annual Action Plan of the 2004-2009 Consolidated Plan; and for other purposes. 

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

09-O-0537 ( 6)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by adding to anticipations and appropriations in the amount of $1,911,195.00 and by amending the 2009 (Home Investment Trust Fund) Budget by adding to anticipations and appropriations in the amount of $300,000.00 for the purpose of funding various projects assigned to the Department of the Mayor, Office of Human Services that are included in the 2009 Annual Action Plan of the 2004-2009 Consolidated Plan; and for other purposes.  

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

Council President Pro Tempore Natalyn Archibong 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-0538 ( 7)       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 $6,199,445.00 for the purpose of funding Various Housing Opportunities for Persons with AIDS (HOPWA) Projects assigned to the Department of the Mayor, Office of Human Services that are included in the 2009 Annual Action Plan of the 2004-2009 Consolidated Plan; and for other purposes.

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

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-O-1046 ( 8)       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.

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

09-O-1047 ( 9)       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.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

TRANSPORTATION COMMITTEE  (CONT’D)

CLAIR MULLER, CHAIR

09-O-1048 (10)       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.

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

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-O-0987 (11)       A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive Article X (“The Procurement and Real Estate Code”) of the Atlanta City Code in order to enter into an Agreement with Comsys Information Technology Services, Inc., pursuant to the Atlanta City Charter §6-402 for Temporary Specialized Services on behalf of the Department of Information Technology, in an amount not to exceed $300,000.00, to ratify provision of services performed by Comsys Information Technology Services, Inc. since August 1, 2008 for Temporary Specialized Services and pay for outstanding invoices in an amount not to exceed $188,611.21; all contracted work will be charged to and paid from Fund, Department, Organization and Account Number 1001 (General Fund) 050102 (IT Administration) 5212001 (Consultant/Professional Services) 1535000 (Data Processing/Management Information Systems); and for other purposes.

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

Council President Pro Tempore Natalyn Archibong 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-1016 (12)       A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor to utilize 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/PATEO Numbers identified in this Ordinance; and for other purposes.

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

09-O-1102 (13)       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.

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

09-O-1109 (14)       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 Section 2-342 Expenditures for Continuing Operation of City; and for other purposes.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

09-R-1115 ( 1)        An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate agreement with Site Engineering, Inc., for FC-4926, Streambank Stabilization and Bioengineering Systems, on behalf of the Department of Watershed Management in an amount not to exceed $230,702.50; all contracted work shall be charged to and paid from the listed Fund, Department Organization Numbers; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1116 ( 2)        A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed to Metcalf & Eddy/Cardozo Engineering, Inc., Joint Venture, for FC-7619-03E, Citywide Annual Contract for Architectural and Engineering Services, South River Tunnel & Pumping Station, on behalf of the Department of Watershed Management, in an amount not to exceed $471,940.00; all  contracted work will be charged to and paid from Project Account Task Expense and Organization Number and Fund, Department Organization and Account Number listed; and for other purposes.

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

09-R-1117 ( 3)        A Substitute Resolution by City Utilities Committee authorizing the Mayor to execute Amendment Agreement No. 5 with Republic Services of Georgia, LP, for FC-7650-04B, Annual Contract for Disposal of Municipal Solid Waste Services, on behalf of the Department of Watershed Management, in an amount not to exceed $2,040,882.00; all contracted work shall be charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

08-R-1870 ( 4)        A Resolution by Community Development/Human Resources Committee authorizing the Mayor, or her designee, to enter into a Memorandum of Understanding and License Agreement (hereafter referred to as “Agreement”) with HomeFree USA and Freddie Mac to implement a Workforce Home Benefit Initiative to assist City of Atlanta employees seeking homeownership; and for other purposes.

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

09-R-0683 ( 5)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into Various Contractual Agreements administered by the Department of Finance, Department of Watershed Management and the Department of Parks, Recreation and Cultural Affairs for projects under the 2009 Community Development Block Grant (CDBG) and Housing Opportunities for Persons with AIDS (HOPWA) Program; and for other purposes.

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

09-R-0684 ( 6)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into Various Contractual Agreements administered by the Office of Human Services for Projects under the 2009 Community Development Block Grant (CDBG), 2009 Emergency Shelter Grant (ESG), 2009 Home Investment Partnership Act (HOME) and 2009 Housing Opportunities for Persons with AIDS (HOPWA); and for other purposes. 

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

09-R-0685 ( 7)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into Various Contractual Agreements Administered by the Department of Planning and Community Development for projects under the 2009 Community Development Block Grant (CDBG), and 2009 Home Investment Partnership Act (HOME); and for other purposes.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-R-1126 ( 8)        A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a contract with Urban Residential Finance Authority (URFA) for Project Number HM-07-39 under the same provisions as the previous contract for this project with the exception of the contract amount, term, and scope of services for the purpose of completing the development of affordable rental housing units; and for other purposes at no additional cost.

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

09-R-1127 ( 9)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to apply for and accept a competitive grant up to $75,000,000.00 from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) Neighborhood Stabilization Program 2 (NSP2); to enter into a Consortium Agreement with the Atlanta Development Authority (ADA), Atlanta Neighborhood Development Partners (In collaboration with MaCallan Group and Norsouth Companies) and the Integral Development, LLC; and for other purposes.  (Public Hearing held 06/30/09)

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

SEE COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE REPORT

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-R-1171 (10)       A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into an appropriate contractual agreement, for FC-4826, Inmate Physician Services, on behalf of the Department of Corrections, with Dr. Edgar Scott for the purpose of providing the services of a Physician and Medical Director at the Atlanta City Detention Center (ACDC) in an amount not to exceed $180,000.00.  All contracted work shall be charged to and paid from, 7701 (Trust Fund), 090201 (Corrections Food Services), 5212001 (Consultant/Prof. Services), 3420000 (Adult Correctional Institutions), 600270 (Inmate Deposits), 69999 (Non-Capital Trust Projects); and for other purposes.

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

09-R-1172 (11)       A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Lease Agreement with the Vine City Housing Ministry, Inc., on behalf of the Atlanta Police Department, for the rental of 1707 square feet of office space located at 612 Magnolia Street, Atlanta, Georgia, for a Department of Police Zone One Vine City Mini-Precinct, from the period of September 1, 2009 until August 31, 2012, at a rental rate of $1 for the year, to be charged to and paid from 1001.240403.5223103.3223000; and for other purposes.

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

09-R-1173 (12)       A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of B & D Endeavors, LLC v. the City of Atlanta (by and through its duly elected representative) Mayor Shirley Franklin, et al., Civil Action File No. 08VS144584J, in the amount of $3,400.00; authorizing said payment to 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 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong 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-1174 (13)       A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of National Rehabilitation and Caroline Williams v. NovaPro Risk Solutions, LP F/K/A Ward North America, Inc. and F/K/A Ward North America, LP and the City of Atlanta, Civil Action File No. 2007CV133988, in the amount of $3,750.00; authorizing said payment to be charged to and paid from Fund 1001 (General Fund) Account 5212005 (Litigation Expense) Center Number 200101 (Non-Departmental); 1512000 (Functional Activity); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

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

09-R-1175 (14)       A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept on behalf of the Atlanta City Department of Corrections (ACDC) Compensation in an amount no greater than $8,250.00 per year from AID Atlanta for the purpose of conducting work related to the Special Projects of National Significance (SPNS) “Enhancing Linkages to HIV Primary Care in Jail Settings Initiative” (HRSA 07-031) referred to as the Enhanced Correctional Care (ECC); and for other purposes.

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

09-R-1176 (15)       A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of Deborah Goetz v. the City of Atlanta, Civil Action File No. 2008EV004717C, in the amount of $35,000.00; authorizing said payment to be charged to and paid from Fund 1001 (General Fund) Account 5212005 (Litigation Expense) Center Number 200101 (Non-Departmental); 1512000 (Functional Activity); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

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

Council President Pro Tempore Natalyn Archibong 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-1194 (16)       A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor, on behalf of the Department of Police, to apply for and accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $1,375,120.00 for the purpose of supporting Law-Enforcement and Criminal Justice Activities; and for other purposes.

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

09-R-1195 (17)       A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor, on behalf of the Department of Police, to enter into an Interlocal Agreement with Fulton County, Georgia, in order to share funds from the U. S. Department of Justice, 2009 Byrne Justice Assistance Grant Program, in the amount of $1,375,120.00 for the purpose of supporting Law-Enforcement and Criminal Justice Activities; and for other purposes.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-R-1196 (18)       A Resolution by Transportation Committee authorizing the Mayor to execute an Agreement with M. C. Dean, Inc., for Project Number FC-4880, C4 Special Systems at Hartsfield-Jackson Atlanta International Airport in an amount not to exceed $6,693,479.00.  All services will be charged to and paid ($3,815,283.00) from PTAEO: 18101334 (E0514 AIP 24) (R21E0514999) 550291249 (DOA RNE 9999) 5414002 (Facilities not Bldg/Infrastructure-CIP) and FDOA 55020 (Airport Renewal & Extension Fund) 180201 (DOA Aviation Planning & Development) 5414002 (Facilities not Bldg/Infrastructure-CIP) 7563000 (Airport) 101334 (E0514 AIP 24) 91249 (DOA RNE 9999) 0000 (Default) 00000000 (Default) 00000000 (Default) and ($2,878,196.00) from PTAEO: 18101334 (E0514 AIP 24) 103 (R21E051496AA) 550591336 (DOA PFC Revenue 96AA) 5414002 (Facilities Not Bldg/Infrastructure-CIP) and FDOA 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 101334 (E0514 AIP 24) 91336 (DOA PFC Revenue 96AA) 0000 (Default) 00000000 (Default) 00000000 (Default).

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

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-R-1055 (19)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute an Agreement with Public Safety Systems, Inc. pursuant to Code Section 2-1191.1, Special Procurements, for the E911 Computer Aided Dispatch System, on behalf of the Department of Information Technology, in an amount not to exceed $438,600.00, to be charged to and paid from FDOA Number 2151 (Emergency Telephone System) 240207 (APD-E911) 5212001 (Consulting/Professional Services) 3800000 (E911); and for other purposes.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1186 (20)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor of the City of Atlanta to sign a Reinstatement Letter to ratify the original terms of a prior lease between the City of Atlanta and BellSouth Mobility that was erroneously cancelled upon the acquisition of Cingular Wireless by AT&T Mobility.

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

09-R-1187 (21)       A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute Change Authorization Number 21 with IBM Corporation for the Criminal Justice Information System support on behalf of the Department of Information Technology, in an amount not to exceed $446,892.00, to be charged to and paid from FDOA number 1001 (General Fund) 050102 (IT Administration) 5213001 (Consulting/Professional Services) 1535000 (Data Processing/Management Information System); and for other purposes.

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

09-R-1188 (22)       A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Xerox Corporation utilizing the State of Georgia Contract GTA000119 for Copier Lease and Maintenance for two (2) Printer/Copier/Scanners for a period of Sixty months (60) on behalf of the Atlanta City Council in an amount not to exceed $76,920.00; all contracted work to be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 030217 (Council Shared Support) 5223202 (Operating Lease/Rental Equipment) 1110000 (Council).

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1189 (23)       A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize GS-35F-4027D for the purchase of LT04 Drives for the Dell Tape Library (Scalar I2000) and two (2) years Maintenance Support from Dell Marketing, L.P. for the City of Atlanta, Department of Aviation; in an amount not to exceed $81,908.30.  The Library Drives and Maintenance Support will be used by the Information Services Division of the Department of Aviation.  The equipment and Maintenance Support will be charged to and paid from Fund 5501 (Airport Revenue Fund), Department 180107 (Department of Aviation, Aviation Information Services), Expenditure 5212001 (Consulting/Professional Services), Functional Activity 7563000 (Airport); and for other purposes.

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

09-R-1191 (24)       A Substitute Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to purchase furniture for the Airport Safety Command and Control Center in support of the City of Atlanta, Department of Aviation utilizing the State of Georgia Contract #SWC60748 in the amount of $390,444.03 and the General Services Administration Contract #GS-28F-0033S in the amount of $178,399.26.  All services will be charged to and paid from PTAEO: 18101334 (AIP 24) 104 (E05149999) 550291249 (DOA R N E 9999) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 101334 (AIP 24) 91249 (DOA R N E 9999) 0000 (Default) 00000000 (Default) 00000000 (Default) ($390,444.03); from PTAEO: 18101334 (AIP 24) 103 (EE051496AA) 550591336 (DOA PFC Revenue 96AA) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA: 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 101334 (AIP 24) 91336 (DOA PFC Revenue 96AA) 0000 (Default) 00000000 (Default) 00000000 (Default) ($178,399.26); and for other purposes.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1202 (25)       A Resolution by Finance/Executive Committee calling for a Mid-Year Review of the FY 2010 General Fund Budget; and for other purposes.

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

09-R-1128 ( 1)        Claim of Tim Daniel, through his attorney, Johnny B. Terrell, for damages alleged to have been sustained as a result of an automobile accident on April 17, 2008 at 2 Joseph E. Lowery Boulevard.                   $20,000.00

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

09-R-1129 ( 2)        Claim of Ross Bernhardt, Jr., through his attorney, Benjamin Y. Gerber, for damages alleged to have been sustained as a result of an automobile accident on August 11, 2008 on Interstate 75/85 at North Avenue.      $18,000.00

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

09-R-1130 ( 3)        Claim of Nationwide Property & Casualty Insurance Company, as subrogee of Willie K. Bell, for vehicular damages alleged to have been sustained from an automobile accident on January 2, 2009 at 3778 Adkins Road.   $6,917.03

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

09-R-1131 ( 4)        Claim of Progressive Insurance, as subrogee of Ryan L. Bymaster, for damages alleged to have been sustained as a result of an automobile accident on September 30, 2008 at 381 Moreland Avenue, SE and Faith Avenue, SE.                                                                             $5,398.58

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

Council President Pro Tempore Natalyn Archibong 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-1132 ( 5)        Claim of Mary C. and Carly M. Franze, for damages alleged to have been sustained as a result of the disconnection of their water service on February 17, 2009 at 1329 South Ponce de Leon Avenue.             $1,910,86

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

09-R-1133 ( 6)        Claim of Harry Burchardt, for damages alleged to have been sustained as a result of an automobile accident on March 24, 2009 at West Marietta Boulevard and Marietta Boulevard.                                        $1,900.00

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

09-R-1134 ( 7)        Claim of GEICO, as subrogee of Walter L. Butts, for vehicular damages alleged to have been sustained from an automobile accident on November 26, 2008 at 1562 Ralph David Abernathy Boulevard, SW.          $1,677.84

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

09-R-1135 ( 8)        Claim of Liberty Mutual, as subrogee of Latonya Hill, for damages alleged to have been sustained as a result of an automobile accident on December 17, 2008 at Benjamin E. Mays Drive, SW and Falls Drive, SW.         $1,479.97

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

09-R-1136 ( 9)        Claim of Mary Dixon and Joseph Loyd, for damages alleged to have been sustained as a result of driving over a pothole on November 24, 2008 at Lakewood Avenue near Arrow Street.                      $1,251.95

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

09-R-1137 (10)       Claim of Constance M. Harper, guardian of Ayanna Harper, a minor, for damages alleged to have been sustained as a result of a trip and fall in an uncovered water meter on September 15, 2008 at 2275 Larchwood Street.                                                                             $1,000.00

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

Council President Pro Tempore Natalyn Archibong 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-1138 (11)       Claim of Kevin R. Donaldson, for damages alleged to have been sustained as a result of striking a construction cut during the repair of a water main on November 23, 2008 at 3290 Flat Shoals Road.         $985.88

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

09-R-1139 (12)       Claim of Jesse B. Shiggs, for damages alleged to have been sustained as a result of striking a pothole on February 23, 2009 at 3127 Lenox Road and Crane Road.                                                                    $816.12

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

Claims with unfavorable recommendations:

09-R-1140 (13)       Claim of Tinnie Baugh, for damages alleged to have been sustained as a result of a sewer backup on September 8, 2008 at 213 Dobb Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1141 (14)       Claim of Jerrick Fobbs, for vehicular damages alleged to have been sustained from an automobile accident on November 19, 2006 at Fulton Industrial Boulevard and Interstate 20 exit ramp.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1142 (15)       Claim of Rekha Pagadala, for damages alleged to have been sustained as a result of striking a hole in the roadway on March 6, 2009 at 914 Lindbergh Drive, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1143 (16)       Claim of Dennis Hardiman, for damages allegedly sustained as a result of driving over a failed construction cut on April 4, 2009 at Monroe Drive and Armour Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong 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-1144 (17)       Claim of David Teske, for damages alleged to have been sustained as a result of a falling tree limb on November 6, 2008 at 1129 Cumberland Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1145 (18)       Claim of Lori Mersier, administrator of the estate of Shereka Hill, deceased, through her attorney, Bruce Morriss, for damages alleged to have been sustained as a result of an automobile accident on January 24, 2008 at 2700 Flat Shoals Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1146 (19)       Claim of Ernestine McCrary, as adminstratrix of the estate of Eric McCrary, deceased, through her attorney, Bruce Morriss, for damages alleged to have been sustained as a result of an automobile accident on January 24, 2008 at 2700 Flat Shoals Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1147 (20)       Claim of Shequita Jackson, on behalf of minor children, Niya Jackson and Deric McCrary, through their attorney, Bruce Morriss, for damages alleged to have been sustained as a result of an automobile accident on January 24, 2008 at 2700 Flat Shoals Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1148 (21)       Claim of Ryan Michalski, through his attorney, Marla Eastwood, for damages alleged to have been sustained while being detained on February 22, 2007 at Grady Hospital Detention.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1149 (22)       Claim of Joel Roth, for damages alleged to have been sustained as a result of a broken water line on May 27, 2008 at 354 Nelson Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong 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-1150 (23)       Claim of Regina Harden, through her attorney, Alexandra Cornwell, for damages alleged to have been sustained as a result of an automobile accident on October 14, 2008 at Harbin Road and Campbellton Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1151 (24)       Claim of Piedmont Healthcare, Inc. and Factory Mutual Insurance Company, through their attorney, Robert Fisher, for damages alleged to have been sustained as a result of a water main break on March 11, 2008 at 2233 Peachtree Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1152 (25)       Claim of Derrick Willis, for damages alleged to have been sustained as a result of striking a hole in the roadway on April 18, 2009 at 1838 Donald Lee Hollowell Parkway.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1153 (26)       Claim of Joseph Kearney, through his attorney, Orlando A. Marra, for damages alleged to have been sustained as a result of an automobile accident on February 26, 2009 at Northside Drive, NW and Marietta Street, NW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1154 (27)       Claim of Arthur Walker, through his attorney, Sho Watson, for damages alleged to have been sustained as a result of a motorcycle accident on May 7, 2008 at Harris Street and Williams Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1155 (28)       Claim of Jeff Thorn and Renee Starzyk, through their attorney, Brian Spears, Esq., for damages alleged to have been sustained from a false arrest incident on January 9, 2009 at 55 Trinity Avenue, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong 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-1156 (29)       Claim of Allen Q. Smith, for property damages alleged to have been sustained when an iPod was stolen out of a City vehicle on April 21 2009 at 294 Joseph E. Lowery Boulevard.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1157 (30)       Claim of George Thomas, for property damage alleged to have been sustained when a parked automobile was keyed while parked at a City facility on January 2, 2009 at 5675 Mayson Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1158 (31)       Claim of Mike Mosquito, through his attorney, Michael James Walker, Esq., Morgan & Morgan, for property damages alleged to have been sustained when an automobile was stolen on April 4, 2009 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1159 (32)       Claim of Ricky Turner, through his attorney, E. Earle Burke, Esq., for bodily injuries alleged to have been sustained from a police shooting during an arrest on November 3, 2006 at 75 5^th Street, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1160 (33)       Claim of Cheryl C. Moore, for bodily injuries alleged to have been sustained from a fall on the train on August 25, 2008 at 8700 Spine Road, Hartsfield-Jackson Atlanta International Airport.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1161 (34)       Claim of Debra Evans, on behalf of her husband, Jerome Evans, deceased, through his attorney Louis Levenson, Levenson & Associates, for bodily injuries alleged to have been sustained from a wrongful death incident on November 16, 2008 at Hartsfield-Jackson Atlanta International Airport.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong 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-1162 (35)       Claim of Margaret D. Hicks, for vehicular damages alleged to have been sustained when a tree limb fell from a tree on April  13, 2009 at 92 Maddox Drive, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1163 (36)       Claim of Heidi Winsberg, for vehicular damages alleged to have been sustained from driving over a pothole during a street repaving project on February 10, 2009 at Peachtree and 11^th Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1164 (37)       Claim of The Tavern at Phipps, for damages alleged to have been sustained as a result of a broken water-main on April 11, 2007 at 3500 Peachtree Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1165 (38)       Claim of New York Prime, for damages alleged to have been sustained as a result of a broken water-main on April 11, 2007 at 3424 Peachtree Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1166 (39)       Claim of State Farm Insurance, as subrogee of Arthur Thomas, Jr., for vehicular damages alleged to have been sustained from striking an unfixed pedestrian sign that was located in the road on November 21, 2008 at 481 Clifton Road, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1167 (40)       Claim of Richard L. McGuire, through his attorney, M. McNeill Holloway, III, for damages alleged to have been sustained from a leaking sanitary sewer line on an unspecified date at 1252 Murphy Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong 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-1168 (41)       Claim of Reginald Frazier, for property damages alleged to have been sustained from storm water overflow on July 6, 2005 at 1433 Sharon Street, NW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1169 (42)       Claim of Nationwide Insurance, as subrogee of Luis A. Carballo, for damages alleged to have been sustained as a result of striking a paint rope on January 21, 2009 at Sidney Marcus Boulevard.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-1170 (43)       Claim of Jerrick Fobbs, for bodily injuries alleged to have been sustained from an automobile accident on November 19, 2006 at Fulton Industrial Boulevard and the I-20 Westbound Exit Ramp.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

CONSENT AGENDA

SECTION II

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA

SECTION II

ORDINANCES FOR FIRST READING

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

The following items (1 – 20) were taken as a collective vote.

09-O-1112 ( 1)       An Ordinance by City Utilities Committee authorizing the City of Atlanta to anticipate funds for the Care and Conserve Program, on behalf of the Department of Watershed Management, in the amount of $340,468.00; and for other purposes.

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

09-O-1113 ( 2)       An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (2004 Water and Wastewater Bond Fund-5058) in the amount of $190,240.23 to transfer funds from the Capital Projects Reserve (5058) for appropriations and to add to appropriation funds for the GA Tech Midtown Water Main Replacement Project; and for other purposes.

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

09-O-1114 ( 3)       An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (Renewal & Extension Water and Wastewater Fund-5052) in the amount of $5,200,000.00 to transfer funds from the General Reserve (5052) for appropriations and to add to appropriation funds for the RM Clayton WTP Co-Generation Project; and for other purposes.

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

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-1118 ( 4)       An Ordinance by Community Development/Human

CDP-09-27             Resources Committee adopting the Edgewood Avenue Community Redevelopment Plan into the City of Atlanta Comprehensive Development Plan; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-1119 ( 5)       An Ordinance by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the  City of Atlanta, to enter into a Lease Agreement with the Galloway School, for operations and maintenance at the Chastain Park Pool Concession Building; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-1120 ( 6)       An Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by anticipating and appropriating $2,249,040.00 for the purpose of funding projects under the Community Development Block Grant-Recovery (CDBG-R) of the American Recovery and Reinvestment Act (ARRA) of 2009; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-1121 ( 7)       An Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by anticipating and appropriating $3,441,091.00 for the purpose of funding projects under the Homelessness Prevention and Rapid Re-Housing Program of the American Recovery and Reinvestment Act (ARRA) of 2009; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-1199 ( 8)       An Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by reducing and adding to anticipations and transferring to and from appropriations in the amount of $841,404.66 for the purpose of funding handicapped accessibility improvements at various recreation centers; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-1200 ( 9)       An Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by reducing and adding to anticipations and transferring to and from appropriations in the amount of $803,579.24 for the purpose of funding CD-610, Housing Demolition/Reclamation and CD-838, Quality Living Services (QLS) Meadows Erosion Project; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-O-1177 (10)       An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 98, Law Enforcement, Article II, Department of Police, Division 2, Promotional Policy, Section 98-70, qualifications for eligibility, of the Code of Ordinances of the City of Atlanta, Georgia, so as to amend the qualifications for eligibility to compete for the rank of police sergeant so that they do not conflict with the minimum qualifications to be eligible to compete for the rank of police sergeant as set forth in Chapter 114, Personnel, Article IV, Civil Service, Division 7, Examinations, Subdivision II, Police, Fire and Corrections promotions, Section 114-236, minimum qualifications to compete; to repeal conflicting ordinances; and for other purposes.

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

09-O-1178 (11)       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, Division 1, Section 162-36 to require that the dome lights, with which the roofs of all taxicabs must currently be affixed, be wired in such a way as to minimize the possibility of injury for the purpose of protecting the safety of taxicab drivers and passengers; and for other purposes.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-O-1179 (12)       An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Vehicles for Hire, to provide for a definition of taxicab safety equipment; to require signage on applicable taxicabs alerting passengers to the presence of a Digital Security Camera System; to require the installation of taxicab safety equipment in all taxicabs; to authorize the Chief of Police or his/her designee to establish, issue and revise rules, procedures and regulations to govern the specifications, installation and maintenance of the taxicab safety equipment and to provide for enforcement of rules, procedures and regulations for the purpose of protecting the safety of taxicab drivers and passengers; and for other purposes.

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

09-O-1180 (13)       An Ordinance by Public Safety and Legal Administration Committee rescinding Ordinance 09-O-0083 and amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $40,658.72, for Grant Funds from the United States Department of Justice Bulletproof Vest Partnership in the amount of $20,329.36 and matching funds in the amount of $20,329.36 from the General Fund Budget; and for other purposes.

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

09-O-1181 (14)       An Ordinance by Public Safety and Legal Administration Committee rescinding Ordinance 09-O-0084 and amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $232,500.00, for a Grant Award from the Governor’s Office of Highway Safety and matching funds in the amount of $93,000.00 from the General Fund Budget, to fund the Highway Enforcement of Aggressive Traffic; and for other purposes.

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

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-O-1182 (15)       An Ordinance by Public Safety and Legal Administration Committee amending the 2010 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $5,654,431.00 for an Edward Byrne Memorial Justice Assistance Grant (“JAG”) Award from the United States Department of Justice; and for other purposes.

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

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-O-1183 (16)       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 2004 Airport PFC Bond Fund (5508)] Budget by transferring to and from appropriations a total amount of $6,217,116.44 for reimbursement of the Renewal and Extension Fund, and a total amount of $5,404,451.00 for reimbursement of the Airport PFC Bond Fund; and for other purposes.

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

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-O-1184 (17)       An Ordinance by Finance/Executive Committee authorizing the Mayor to accept and enter into a Contractual Agreement between the City of Atlanta and the Georgia Environmental Facilities Authority (“GEFA”) State Revolving Fund Loan Program for the purposes of securing a subsidized loan under the Clean and Drinking Water State Revolving Fund; to amend the FY 2010 Budget to anticipate and appropriate funds in an amount not to exceed $15,000,000.00; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-O-1185 (18)       An Ordinance by Finance/Executive Committee to authorize the Mayor or her designee to waive the payment provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, to authorize the Chief Financial Officer to remit payment for the Contract Year beginning January 1, 2009, to Comsquared Systems, Inc., for the Unisearch Document Management System Software and Hardware Support and Maintenance in an amount not to exceed $161,730.00 to be charged to and paid from FDOA Number 1001 (General Fund) 050211 (IT Network Management) 5424004 (Software ($5,000+)) 1535000 (Data Processing/Management Information System); to ratify the prior provision of services from January 1, 2008 through July 31, 2009 and to authorize the Mayor to execute a Sole Source Purchase Agreement with Comsquared Systems, Inc., for three (3) years with an effective date of January 1, 2008 and ending December 31, 2010 on behalf of the Department of Information Technology, in an amount not to exceed $161,730.00 per year, to be charged to and paid from FDOA Number 1001 (General Fund) 050211 (IT Network Management) 5424004 (Software ($5,000+)) 1535000 (Data Processing/Management Information System); and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-1210 (19)       An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive the Administrative Extension provisions contained in the City of Atlanta Code of Ordinances Article X, Procurement and Real Estate Code, to authorize an extension of an existing Agreement with Northrop Grumman, for FC-6006007915 Critical Safety Systems Support and to authorize the Mayor or her designee to execute Renewal No. 2 with a Reduced Scope with Northrop Grumman, for FC-6006007915 Critical Safety Systems Support on behalf of the Department of Information Technology, in an amount not to exceed $1,900,000.00.  All contracted work to be charged to and paid from Fund, Department Organization and Account Number 2151 (Emergency Telephone System Fund) 24027 (APD E911) 5213001 (Consulting/Professional Services-Technical) 3800000 (E911); and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-O-1211 (20)       An Ordinance by Finance/Executive Committee authorizing the Mayor to execute an Intergovernmental Agreement (“IGA”) with the Metropolitan Atlanta Rapid Transit Authority (“MARTA”) specifying the terms under which MARTA will partner with the City to apply to the Office of the Secretary of Transportation for a Supplemental Discretionary Grant for Capital Investments in Surface Transportation Infrastructure, which has been made available pursuant to the American Recovery and Reinvestment Act of 2009; authorizing the Mayor to execute Agreements specifying the terms under which the Midtown Community Improvement District and the Atlanta Downtown Improvement District will send grants to the City to pay the City’s costs in preparing the application; authorizing the Chief Financial Officer to create accounts necessary to receive such grants from the Midtown Community Improvement District and the Atlanta Downtown Improvement District; authorizing the Chief Financial Officer to pay over such grant funds received from the Midtown Community Improvement District and the Atlanta Downtown Improvement District to MARTA under the terms and conditions set forth in the IGA and the Grant Agreements; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

COMMITTEE REPORTS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (1)

CARLA SMITH, CHAIR

Attendance at the June 30, 2009 meeting of the City Utilities Committee was as follows:

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

Absent:        None

The Standing Committee of City Utilities did not have a report

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (1)

JIM MADDOX, CHAIR

Attendance at the June 30, 2009 meeting of the Community Development/Human Resources Committee was as follows:

Present:       Councilmembers Maddox (Chair), Sheperd, Young, Mitchell, Norwood and Hall

Absent:        Councilmember Willis

ITEM REMOVED FROM CONSENT AGENDA

09-R-1127 ( 1)        A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to apply for and accept a competitive grant up to $75,000,000.00 from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) Neighborhood Stabilization Program 2 (NSP2); to enter into a Consortium Agreement with the Atlanta Development Authority (ADA), Atlanta Neighborhood Development Partners (In collaboration with MaCallan Group and Norsouth Companies) and the Integral Development, LLC; and for other purposes.  (Public Hearing held 06/30/09)

The above item was removed from the Consent Agenda by request of Councilmember Shook to record his Nay vote.  Municipal Clerk Rhonda Dauphin Johnson sounded the caption to 09-R-1127 on behalf of Chairperson Maddox.  Mr. Maddox then made a Motion to Adopt.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 1 nay.

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

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (1)

CLETA WINSLOW, CHAIR

Attendance at the June 30, 2009 meeting of the Public Safety and Legal Administration Committee was as follows:

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

Absent:        None

ORDINANCE FOR SECOND READING

09-O-1103 ( 1)       An Ordinance by Councilmember C. T. Martin to amend Article XXIII (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.

Chairperson Winslow sounded the caption to Ordinance 09-O-1103 and stated the recommendation from committee was to File.  Ms. Winslow then made that Motion.  Following, a discussion ensued, during which, Councilmember Martin made a Substitute Motion to Refer the ordinance back to the Public Safety and Legal Administration Committee.  It was properly Seconded and discussion continued, in which, Council deferred 09-O-1103 until later during the meeting.  Returning back to the ordinance, a discussion ensued.  After which, the Motion to Refer FAILED by a roll call vote of 6 yeas; 8 nays.  The original Motion to File was then before Council.  Subsequently, the Motion to File CARRIED by a roll call vote of 10 yeas; 3 nays.

FILED BY A ROLL CALL VOTE OF 10 YEAS; 3 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

TRANSPORTATION COMMITTEE  (1)

CLAIR MULLER, CHAIR

Attendance at the July 01, 2009 meeting of the Transportation Committee was as follows:

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

Absent:        None

RESOLUTION

09-R-0546 ( 1)        A Substitute Resolution by Transportation Committee authorizing the Mayor to enter into Contract FC-4811, Parking Operation Management Services with Standard Parking Corporation on behalf of the Department of Aviation for a management fee for the three year base term of the contract in cumulative amount not to exceed $899,021.00, the reimbursement of pre-approved operating expenses in an amount not to exceed $23,420,000.00 for the first contract year including the first year management fee to be charged to and paid from FDOA 5501 (Airport Revenue Fund) 180401 (DOA Aviation Parking) 5212001 (Consulting/Professional Services) 7563000 (Airport), and the reimbursement of budgeted capital expenditures to be paid from FDOA 5502 (Airport Renewal and Extension Fund) 180401 (Department/Organization) and the “54” Account Classification for Capital Outlays, 7563000 (Airport); and for other purposes.

Note: Councilmember Martin stated for the record his abstention to Resolution 09-R-0546 was due to a potential conflict of interest.

Chairperson Muller sounded the caption to Resolution 09-R-0546 and made a Motion to Adopt on Substitute.  An extensive discussion ensued, during which, Council deferred the item to later during the meeting.  Returning back to the resolution, a brief discussion ensued.  After which, the Motion to Adopt on Substitute CARRIED by a roll call vote of 10 yeas; 3 nays; 1 abstention.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 10 YEAS; 3 NAYS; 1 ABSTENTION

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (1)

IVORY L. YOUNG, JR., CHAIR

Attendance at the July 01, 2009 meeting of the Zoning Committee was as follows:

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

Absent:        Councilmember Martin

ZONING REVIEW BOARD SUMMARY REPORT

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

09-O-0501 ( 1)       An Ordinance by Councilmember Natalyn Archibong to rezone

Z-09-10                 property located at 126, 130, 134, 140 Mayson Avenue N.E. and 1469, 1471, 1472 (also known as 1470), 1473, 1475, 1477, 1479, 1481, 1483 Chipley Street, N.E. from MR-3 to MR-3-C for the purpose of adding conditions.

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

09-O-0503 ( 2)       An Ordinance by Councilmember Natalyn Archibong to rezone

Z-09-12                 property located at 18, 24, 30, 36, 42, 48, 54 Montgomery Street, S.E. and 19, 25, 31, 37, 43, 47, 53 Hutchinson Street, S.E. from MR-3 to MR-3-C for the purpose of adding conditions.

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

09-O-0813 ( 3)       An Ordinance by Councilmember Natalyn Archibong to rezone

Z-09-17                 property located at 153, 157, 161, 165, 169, 175, 179, 183 and 187 Lowry Street, N.E. from MR-3 to MR-3-C for the purpose of adding conditions.

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

09-O-0814 ( 4)       An Ordinance by Councilmember Natalyn Archibong to rezone

Z-09-18                 property located at 144 and 148 Mayson Avenue N.E. and 1474, 1476, 1478, 1480, 1482 and 1484 Chipley Street, N.E. from MR-3 to MR-3-C for the purpose of adding conditions.

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

09-O-0815 ( 5)       An Ordinance by Councilmember Natalyn Archibong to rezone

Z-09-19                 property located at 90, 94, 98, 102 and 106 Mayson Avenue N.E. from MR-3 to MR-3-C for the purpose of adding conditions.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (2)

IVORY L. YOUNG, JR., CHAIR

ZONING REVIEW BOARD SUMMARY REPORT  (CONT’D)

09-O-0207 ( 6)       An Amended Ordinance by Zoning Committee granting a

U-09-02                 special use permit for a Personal Care Home (Section 16-06 b.005 (1) (g) for property located at 985 Smith Street, S.W., fronting approximately 50 feet on the west side of Smith Street at the southwest intersection of Arthur Street and Smith Street.  Depth: 103 feet; Area: approximately 0.12 acres; Land Lot 87, 14^th District, Fulton County, Georgia. Owner: Ezekiel Construction; Applicant: Charles Serge; NPU-V  Council District 4.

Chairperson Young sounded the caption to Ordinance 09-O-0207 and made a Substitute Motion to Refer the ordinance back to the Zoning Committee.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

RERERRED AS AMENDED TO ZONING COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0845 ( 7)       An Amended Ordinance by Zoning Committee to amend

U-09-08                 Ordinance 02-O-1271 (U-02-17) and Ordinance 95-O-1460 (U-87-19) which granted a special use permit under the provisions of Section 16-06.005 (1) (g) for a Rehabilitation Center for the purpose of a site plan amendment, property located at 690 Courtenay Drive, N.E.; Land Lot 52, 17^th District, Fulton County, Georgia.  Owner: Teresa Stokes; Applicant; Jason C. Snyder; NPU-F  Council District 6.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (3)

IVORY L. YOUNG, JR., CHAIR

ZONING REVIEW BOARD SUMMARY REPORT  (CONT’D)

The following ordinances (09-O-0485 & 09-O-0841) were taken as a collective vote.

09-O-0485 ( 8)       A Substitute Ordinance by Zoning Committee to amend

U-09-04                 Ordinance U-98-04 which granted a special use permit for a Church for the purposes of a site plan amendment; and for other purposes.  Land Lot 101, 17^th District, Fulton County, Georgia. Owner: 66 Peachtree Way, LLC; Rivercrest, Inc.; Ruby Gwendolyn M. Cleghorn; The Estate of Lawrence J. Mcecoy, Jr.; Roman Catholic Archdiocese; Applicant: Roman Catholic Archdiocese of Atlanta; NPU-B  Council District 7.

Note: Councilmember Shook stated for the record his abstention to 09-O-0485 was due to a potential conflict of interest.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS; 1 ABSTENTION

09-O-0841 ( 9)       A Substitute Ordinance by Zoning Committee to rezone from

Z-09-13                 the RG-4 (Residential General-Sector 4) District and the R-4 (Single Family Residential) District to the RG-4 (Residential General-Sector 4) District and the RG-2 (Residential General-Sector 2) District , property located at 2699 Peachtree Road, N.E. fronting approximately 346.38 feet on the east side of Peachtree Road at the northeast corner of Peachtree Way.  Depth: varies; Area: approximately 3.846 acres; Land Lot 101, 17^th District, Fulton County, Georgia.  Owner: Roman Catholic Archdiocese of Atlanta; Applicant: Roman Catholic Archdiocese of Atlanta; NPU-B  Council District 7.

Note: Councilmember Shook stated for the record his abstention to 09-O-0841 was due to a potential conflict of interest.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS; 1 ABSTENTION

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (4)

IVORY L. YOUNG, JR., CHAIR

ZONING REVIEW BOARD SUMMARY REPORT  (CONT’D)

The following ordinances (09-O-0502 & 09-O-0499) were taken as a collective vote.

09-O-0502 (10)       An Ordinance by Councilmember Archibong as Substituted by

Z-09-11                 Zoning Committee to rezone property located at 1412, 1416, 1418, 1420 Hardee Street, S.E. and 84, 86, 90, 96, 104, 108, 112, 116, 120, 124, 128, 134, 140, 146, 150, 156, 162, 166, 170, 174 and 178 Hutchinson Street, S.E. from MR-3 to RG-3-C for the purpose of adding conditions.

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

09-O-0499 (11)       An Ordinance by Councilmember Jim Maddox as Substituted

Z-09-09                 by Zoning Committee to amend Section 16-28A.010 (46) of the City of Atlanta Sign Ordinance regulating the signage allowed in the Greenbriar Special Public Interest Zoning District (SPI 20), so as to permit free standing monument style shopping center signs in the Greenbriar Town Center District; allow the conversion of certain existing signage; and for other purposes.

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

09-O-0486 (12)       An Ordinance by Zoning Committee granting a special use

U-09-05                 permit pursuant to Section 16-08.005 (1) (f) and Section 16-05.005 (1) (g) of the City of Atlanta Zoning Ordinance for a Personal Care Home, property located at 2410 Benjamin E. Mays Drive, S.W., approximately 142 feet on the southeasterly side of Benjamin E. Mays Drive.  Depth: varies; Area: approximately 1.7 acres; Land Lot 201, 14^th District, Fulton County, Georgia.  Owner: American Patriotic Charities, Inc.; Applicant: Tony Bryant/Purnell Investments; NPU-I  Council District 11.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (5)

IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR SECOND READING

09-O-0855 ( 1)       A Substitute Ordinance as Amended by Community

CDP-09-25             Development/Human Resources Committee to amend the Land Use Element of the 2008 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 230 Westview Place, SW from the Single Family Residential Land Use Designation to the Low Density Residential Land Use Designation (Z-09-6); and for other purposes.  (Public Hearing held 6/08/09) (Favorable on substitute as amended by CD/HR Committee 6/30/09)

NPU-K                                       Council District 4

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

09-O-1079 ( 2)       An Amended Ordinance by Zoning Committee to amend

U-84-20                 Ordinance U-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.

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

The following ordinances (3 – 5) were taken as a collective vote.

09-O-1106 ( 3)       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.

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

09-O-1107 ( 4)       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.

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

09-O-1108 ( 5)       An Ordinance by Councilmember Kwanza Hall to authorize the installation of Public Art at 1600 Peachtree Street, NW, Atlanta, GA  30309 pursuant to Section 16-28.025 of the City of Atlanta Land Development Code; and for other purposes.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (6)

IVORY L. YOUNG, JR., CHAIR

RESOLUTIONS

The following resolutions (09-R-1066 & 09-R-1067) were taken as a collective vote.

09-R-1066 ( 1)        A Resolution 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); and for other purposes. 

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

09-R-1067 ( 2)        A Resolution 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); and for other purposes.

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

ORDINANCE FOR FIRST READING

09-O-1192 ( 1)       An Ordinance by Zoning Committee to rezone from the RG-3

Z-09-27                 (Residential General-Sector 3) District to the MR-5A (Multi-Family Residential) District and RG-3C (Residential General-Sector 3-Conditional) District, property located at 240 Colonial Homes Drive, NW, fronting approximately 875 feet on the north and south side of Colonial Homes Drive beginning approximately 680 feet from the west corner of Peachtree Road.

Depth:         Varies

Area:           Approximately 20.76 Acres

Land Lots:    110 and 111, 17^th District, Fulton County, Georgia

Owner:        Pope and Land Enterprises, Inc.

Applicant:    Pope and Land Enterprises, Inc.

NPU-C         Council District 8

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (1)

HOWARD SHOOK, CHAIR

Attendance at the July 01, 2009 meeting of the Finance/Executive Committee was as follows:

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

Absent:        None

REPORT

09-TR-1212 ( 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; 1 NAY

ORDINANCES FOR SECOND READING

After the vote was CARRIED for Ordinances 09-O-1099 & 09-O-1100, Chairperson Shook made a Motion for the two (2) ordinances be delivered to the Mayor’s office immediately.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays; 1 abstention.  Therefore, the ordinances were sent to the Mayor’s office for her approval.

09-O-1099 ( 1)       An Ordinance by Councilmembers Howard Shook and Clair Muller as Substituted by Finance/Executive Committee 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 provide for the issuance of Airport General Revenue Bonds Series 2009B and Series 2009C (the “Series 2009B/C Bonds”), and to provide for the issuance of Airport Passenger Facility Charge and Subordinate Lien General Revenue Bonds Series 2009D and Series 2009E (the “Series 2009D/E Bonds,” together with the Series 2009B/C Bonds, the “Series 2009B/C/D/E Bonds”), in the combined 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, including certain capitalized interest during construction, to provide for a reasonably required debt service reserve, 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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (2)

HOWARD SHOOK, CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

09-O-1099 ( 1)       deem final the Preliminary Official Statement for purposes of

(Cont’d)                 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 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 Bonds, if determined to be in the best interest of the City; designating a Paying Agent and Bond Registrar; to provide for the 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.

Note: Councilmember Young stated for the record his abstention to Ordinance 09-O-1099 was due to a potential conflict of interest.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS; 1 ABSTENTION

09-O-1100 ( 2)       An Ordinance by Councilmembers Howard Shook and Clair Muller as Substituted by Finance/Executive Committee 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; 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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (3)

HOWARD SHOOK, CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

09-O-1100 ( 2)       the authority to deem final the Preliminary Official Statement for

(Cont’d)                 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 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 Paying Agent and Bond Registrar; providing for severability; authorizing certain officials 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.

Note: Councilmember Young stated for the record his abstention to Ordinance 09-O-1100 was due to a potential conflict of interest.

Chairperson Shook sounded the caption to Ordinance 09-O-1100 and made a Motion to Adopt on Substitute.  An extensive discussion ensued, after which, the Motion CARRIED by a roll call vote of 13 yeas; 0 nays; 1 abstention.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS; 1 ABSTENTION

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (4)

HOWARD SHOOK, CHAIR

RESOLUTION

09-R-1190 ( 1)        A Resolution by Finance/Executive 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: 2501 (Intergovernmental Grant Fund); 240101 (General Ledger Department: APD Chief of Police); 5421003 (Expense Account: Equipment $5,000+); 1320000 (Function Activity Number: Chief Executive); 210283 (General Ledger Project: Airport LETPP 2007); 41804 (General Ledger Funding Source: Airport LETPP 2007); and for other purposes.

Chairperson Shook sounded the caption to Resolution 09-R-1190 and stated the recommendation from committee was Favorable on Condition (receive a Substitute clarifying the number of items to be purchase).  Following, Mr. Shook made a Motion to bring forth the Substitute.  It was properly Seconded and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.  The Substitute was before Council.  Chairperson Shook then made a Motion to Adopt on Substitute.  Without Objection, 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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (1)

FELICIA A. MOORE, CHAIR

Attendance at the July 06, 2009 meeting of the Committee on Council was as follows:

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

Absent:        Councilmember Fauver

COMMUNICATIONS

09-C-0213 ( 1)        A Communication by Clerk Mark Massey to the Fulton County Board of Commissioners to Council President Lisa M. Borders submitting the Fulton County Board of Commissioners' re-appointment of Mr. Yusuf Muwwakkil (Position 7) to serve as the County's representative on the BeltLine TAD Advisory Committee.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Second appointment to expire on 1/02/2011.) (Filed by Community Development/Human Resources 6/30/09.)

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

09-C-1012 ( 2)        A Communication by Mayor Shirley Franklin re-appointing Mr. James T. Middlebrooks to serve as a member of the Civil Service Board on behalf of the City of Atlanta.  This re-appointment is for a term of three (3) years to begin retroactively 5/15/09 and to expire 5/15/2012.  (Forwarded with no recommendation by Finance/Executive Committee 6/10/09.)  (Held 6/15/09 by the Committee to allow the appointee an opportunity to appear before the Committee.)

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

The following communications (3 – 5) were taken as a collective vote.

09-C-1088 ( 3)        A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education to Municipal Clerk Rhonda Dauphin Johnson re-appointing 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 to begin retroactively on May 1, 2009 and expire April 30, 2011.  (Favorable by Community Development/Human Resources 6/30/09.)

CONFIRMED BY A ROLL CALL VOTE OF 14 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-1093 ( 4)        A Communication from Mark Massey, Clerk 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 to begin retroactively on January 1, 2009 and expire on December 31, 2010.  (Favorable by Community Development/Human Resources 6/30/09.)

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

09-C-1095 ( 5)        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.  (Favorable by Community Development/Human Resources 6/30/09.)

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

The following communications (09-C-1097 and 09-C-1098) were taken as a collective vote.

09-C-1097 ( 6)        A Communication from President Charis L. Johnson, 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 Mr. Alan H. Morris as its representative to serve on the Atlanta Citizen Review Board.  This appointment is for a term of three (3) years, scheduled to being on the date of Council confirmation.  (Favorable by Public Safety & Legal Administration 6/30/09.)

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE 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-1098 ( 7)        A Communication from Executive Director Cristina Beamud, Atlanta Citizen Review Board to Council President Lisa M. Borders, as Amended by Public Safety & Legal Administration Committee, submitting the Gate City Bar Association’s re-appointment of Ms. Charis Johnson as its representative to serve on the Atlanta Citizen Review Board.  This re-appointment is for a term of three (3) years beginning retroactively to June 04, 2009 and expires on June 4, 2012.  (Favorable as amended by Public Safety & Legal Administration 6/30/09.)

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

ORDINANCES FOR FIRST READING

The following ordinances (09-O-1111 & 09-O-1201) were taken as a collective vote.

09-O-1111 ( 1)       An Ordinance by Committee on Council to amend Chapter 2, (Administration), Article II, (Council), Division 4, (Staff), Section 2-151 (a), (Sergeant-at-Arms), of the Code of Ordinances of the City of Atlanta, Georgia, so as to make the appointment of a Sergeant-at-Arms by the City Council discretionary rather than mandatory; to waive conflicting ordinances; and for other purposes.

REFERRED TO COMMITTEE ON COUNCIL BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-1201 ( 2)       An Ordinance by Committee on Council to amend Chapter 2 (Administration), Article II (Council), Division 2 (Meetings), Subdivision II (Rules of Procedure), Section 2-105 (Establishment or Change in Fees for Service; Notice to Public) by deleting from the catchline, the words “for service” and by recodifying Section 2-105 as Section 2-45 (Reserved) of Chapter 2 (Administration), Article II (Council), Division 1 (Generally); to re-designate Section 2-105 as “Reserved”; to waive conflicting ordinances; and for other purposes.

REFERRED TO COMMITTEE ON COUNCIL BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

PERSONAL PAPERS

Council President Lisa M. Borders Presided

PERSONAL PAPERS

RESOLUTION/ADOPTED

09-R-1213 ( 1)        A Resolution by Councilmembers Felicia A. Moore, Joyce 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, Natalyn Mosby Archibong and Cleta Winslow authorizing the development and adoption of a 2009-2014 Financial Stabilization Plan by October 15, 2009; outlining fiscal stabilization priorities, by preference, to be included in the plan; and for other purposes.

Councilmember Moore made a Motion to Adopt Resolution 09-R-1213.  It was properly Seconded and CARRIED by a roll call vote of 14 yeas; 0 nays.

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

ORDINANCES/REFERRED

09-O-1214 ( 1)       An Ordinance by Councilmember C. T. Martin to allow excess annual leave and carried forward into the year 2009 pursuant to Ordinance 07-O-1801, to be carried over into the year 2010; to provide that such excess leave time be used by the end of the last pay period in 2010; to repeal conflicting ordinances; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1215 ( 2)       An Ordinance by Councilmembers Howard Shook and Carla Smith to authorize an additional payment of $19,010 for contract FC-4798, Watershed Management Audit, and to appropriate $19,010 for the additional contract payment to KPMG LLP.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1216 ( 3)       An Ordinance by Councilmembers Howard Shook and Carla Smith to anticipate and appropriate bond proceeds for the City of Atlanta, Georgia, Series 2009A Water and Wastewater Revenue Bonds of $750,000,000.00; to amend the source of funding identified in legislation previously authorized by the Atlanta City Council for contracts on behalf of the Department of Watershed Management; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

Council President Lisa M. Borders Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1217 ( 4)       An Ordinance by Councilmember Carla Smith to amend Chapter 114, Division 14, Section 114-429 (a) and (e) of the City of Atlanta Code of Ordinances entitled “Voluntary Shared Leave Program,’ to revise the section to include the donation of Reserve Sick Leave; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESOLUTIONS/REFERRED

09-R-1218 ( 1)        A Resolution by Councilmember Ivory Lee Young, Jr. authorizing the Mayor to execute a contract not to exceed Two Million Two Hundred Thousand Dollars ($2,200,000.00) with Senior Connections to manage Home Investment Partnership (HOME) Owner Occupied Rehabilitation Program (OORP) and to expand the scope of the Home Repair/Modification for Senior Citizens Program CD-819 to include the substantial rehabilitation of owner occupied properties; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-R-1219 ( 2)        A Resolution by Councilmember Ivory Lee Young, Jr. authorizing the Mayor to apply for and accept a grant from the Georgia Department of Community Affairs under the CDBG Supplemental Disaster Recovery Funds in the amount of $750,000; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

ADJOURNMENT

Council President Lisa M. Borders Presided

ADJOURNMENT

There being no further business to discuss, the July 06, 2009 meeting of the Atlanta City Council was adjourned at 4:39 p.m.

ADJOURNMENT ROLL CALL:  Council President Lisa M. Borders (1); Councilmembers Smith, Hall, Young, Winslow, Shook, Muller, Moore, Martin, Maddox, Sheperd, Mitchell, Norwood and Willis (13); Councilmember Archibong was excused (1).