Wednesday, September 30, 2009

ATLANTA CITY COUNCIL

ACTION/MINUTES

SEPTEMBER 08, 2009

The Atlanta City Council held its Regularly Scheduled Meeting on Tuesday, September 08, 2009 due to the Labor Day Holiday.  The Meeting convened at 1:13 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 (15) voting members were present at the Meeting:

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

 

The Honorable Carla Smith *1:13

The Honorable Felicia A. Moore

The Honorable Kwanza Hall

The Honorable C. T. Martin

The Honorable Ivory L. Young

The Honorable Jim Maddox *1:15

The Honorable Cleta Winslow *1:46

The Honorable Joyce Sheperd

The Honorable Natalyn Archibong

The Honorable Ceasar C. Mitchell *1:22

The Honorable Anne Fauver

The Honorable Mary Norwood *2:02

The Honorable Howard Shook

The Honorable H. Lamar Willis *2:00

The Honorable Clair Muller

 

 

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

PLEDGE OF ALLEGIANCE: In unison, lead by Councilmember C. T. Martin, 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 August 17, 2009 Regular Meeting are true and correct.  The Minutes were FILED without objection.

COMMUNICATIONS


Council President Lisa M. Borders Presided

COMMUNICATIONS

09-C-1517 ( 1)        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 Mr. Monty Bruell (Position 1) 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 retroactive on January 1, 2009 and to expire on December 31, 2010.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1518 ( 2)        A Communication by City Auditor Leslie Ward submitting a Performance Audit report regarding the Department of Watershed Management’s back billing of July 2008 rate increase.

FILED WITHOUT OBJECTION

09-C-1519 ( 3)        A Communication by City Auditor Leslie Ward submitting a Performance Audit report regarding Aviation Terminal Leases.

FILED WITHOUT OBJECTION

09-C-1520 ( 4)        A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting a report of administrative corrections made to previously adopted legislation between the Council's regular meeting dates of August 17, 2009 and September 08, 2009 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances.  (09-O-0274; 09-R-0689)

FILED WITHOUT OBJECTION

09-C-1521 ( 5)        A Communication by Mayor Shirley Franklin appointing Mr. R. Roger Bhandari as City Attorney.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

09-C-1522 ( 6)        A Communication by Mayor Shirley Franklin appointing Ms. Chandra G. Houston to serve as a member of the Atlanta Commission on Women 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 COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-C-1523 ( 7)        A Communication by Mayor Shirley Franklin appointing Mr. Marc G. Olsen 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 WITHOUT OBJECTION

Council President Lisa M. Borders Presided

COMMUNICATIONS  (CONT’D)

09-C-1524 ( 8)        A Communication by Mayor Shirley Franklin appointing Ms. Yolanda West to serve as a Taxicabs and Vehicles for Hire Hearing Officer 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 PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

09-C-1525 ( 9)        A Communication by Mayor Shirley Franklin appointing Ms. Katrice T. Hatten to serve as a Taxicabs and Vehicles for Hire Hearing Officer 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 PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

09-C-1526 (10)       A Communication by Mayor Shirley Franklin appointing Ms. Danielle Roney to serve as a member of the Public Art Advisory Committee (PAAC) in the Artists and Curators Category on behalf of the City of Atlanta.  This appointment is for a term of two (2) years and does not require Council confirmation.

FILED WITHOUT OBJECTION

09-C-1527 (11)       A Communication by Mayor Shirley Franklin appointing Mr. Bernard Vanderlande to serve as a member of the Public Art Advisory Committee (PAAC) in the Community Members Category on behalf of the City of Atlanta.  This appointment is for a term of two (2) years and does not require Council confirmation.

FILED WITHOUT OBJECTION

09-C-1528 (12)       A Communication by Mayor Shirley Franklin appointing Mr. Uri Vaknin to serve as a member of the Public Art Advisory Committee (PAAC) in the Professionals from Related Fields Category on behalf of the City of Atlanta.  This appointment is for a term of two (2) years and does not require Council confirmation.

FILED WITHOUT OBJECTION

09-C-1529 (13)       A Communication by Mayor Shirley Franklin appointing Ms. Annette Cone-Skelton to serve as a member of the Public Art Advisory Committee (PAAC) in the Professionals from Related Fields Category on behalf of the City of Atlanta.  This appointment is for a term of two (2) years and does not require Council confirmation.

FILED WITHOUT OBJECTION

Acting Council President Pro Tempore Felicia A. Moore Presided

COMMUNICATIONS  (CONT’D)

09-C-1530 (14)       A Communication by Mayor Shirley Franklin appointing Ms. Odetta MacLeish-White to serve as a member of the BeltLine Tax Allocation District Affordable Housing Advisory Board on behalf of the City of Atlanta.  This appointment is for a term of two (2) years beginning retroactively on May 01, 2009.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1531 (15)       A Communication by Mayor Shirley Franklin appointing Mr. Thomas Wade to serve as a member of the BeltLine Tax Allocation District Affordable Housing Advisory Board on behalf of the City of Atlanta.  This appointment is for a term of two (2) years beginning retroactively on May 01, 2009.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1532 (16)       A Communication by Mayor Shirley Franklin re-appointing Ms. Blenda DeBerry to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 8/21/2010 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1533 (17)       A Communication by Mayor Shirley Franklin re-appointing Mr. James Hunter to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 2/08/2010 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1534 (18)       A Communication by Mayor Shirley Franklin re-appointing Ms. Alexis Scott to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 2/08/2010 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1535 (19)       A Communication by Mayor Shirley Franklin re-appointing Mr. David C. Smetana to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 11/6/2010 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

Acting Council President Pro Tempore Felicia A. Moore Presided

COMMUNICATIONS  (CONT’D)

09-C-1536 (20)       A Communication by Mayor Shirley Franklin re-appointing Mr. Michael (Mike) E. Romesburg to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 3/15/2010 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1537 (21)       A Communication by Mayor Shirley Franklin re-appointing Mr. Herman Howard to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 2/19/2011 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1538 (22)       A Communication by Mayor Shirley Franklin re-appointing Ms. Geri P. Thomas to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 2/08/2010 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1539 (23)       A Communication by Mayor Shirley Franklin re-appointing Mr. Ralph E. Herrera to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 6/06/2011 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1540 (24)       A Communication by Mayor Shirley Franklin re-appointing Ms. Cassandra Lee-Austin to serve on the Atlanta Workforce Development Board on behalf of the City of Atlanta.  This re-appointment is for a term of 2 years to expire on 8/21/2010 and does not require Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION


 

VETOED LEGISLATION


Council President Pro Tempore Natalyn Archibong Presided

VETOED LEGISLATION

09-O-1311 ( 1)       A Substitute Ordinance by Committee on Council to amend Chapter 114, (Personnel), Article I, (In General), Section 114-2 (g), (Standards of Conduct Prescribed; Penalty for Violation), of the Code of Ordinances of the City of Atlanta, Georgia, so as to include any member or officer of a Commission, Council or Board appointed by an Elected Official or Officials of the City and to clarify the date upon which the resignation of any such member or officer shall be effective; to waive conflicting ordinances; and for other purposes.

Ordinance 09-O-1311 was adopted by the Atlanta City Council at its Regularly Scheduled meeting held August 17, 2009.  However, Mayor Shirley Franklin returned the ordinance Vetoed on August 25, 2009.  During this meeting, Councilmember Moore made a Motion to Override the Mayor’s Veto.  It was properly Seconded and an extensive discussion ensued.  After which, the Motion to Override the Mayor’s Veto CARRIED by a roll call vote of 14 yeas; 1 nay.

VETO OVERRIDDEN BY A ROLL CALL VOTE OF 14 YEAS; 1 NAY; THEREFORE, STANDS AS ADOPTED ON AUGUST 17, 2009


 

UNFINISHED BUSINESS


Council President Lisa M. Borders Presided

UNFINISHED BUSINESS

09-O-0996 ( 1)       An Ordinance by Councilmembers Jim Maddox and Cleta Winslow as Substituted and Amended by Public Safety and Legal Administration Committee to amend the Charter of the City of Atlanta, Georgia adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965, O. C. G. A. Section 36-35-1 Et. Seq., as amended, so as to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, Et. Seq., by amending Part 1, Subpart A, Article IV (Courts); which shall be Section 4-118, to be entitled Senior Judge so as to create the position of Senior Judge of the Municipal Court, to set forth the duties thereof, and to set forth the compensation to be paid thereto; to repeal conflicting ordinances and for other purposes.

At the Regularly Scheduled meeting held August 17, 2009, Councilmember Willis made a Motion to Table Ordinance 09-O-0996 for a two-week time certain for the next Council Meeting to be held Tuesday, September 08, 2009.  During this meeting, Councilmember Moore made a Motion to remove Ordinance 09-O-0996 from the Table.  It was Seconded by Councilmember Winslow and the Motion CARRIED by a unanimous roll call vote of 15 yeas; 0 nays.  The ordinance was before Council.  Councilmember Moore then made a Motion to File.  It was properly Seconded and a discussion ensued, during which, Councilmember Winslow made a substitute Motion to Adopt.  It was properly Seconded and discussion continued, in which, Councilmember Moore offered Amendment #1/#1 to delete the words “ or resigns” in the Whereas Clause #3 and Subsections (a) and (b).  It was properly Seconded and discussion continued.  After which, Moore Amendment #1/#1 CARRIED by a roll call vote of 14 yeas; 0 nays.  Following, Councilmember Willis offered Amendment #1/#2 to delete “and shall not affect the right of any retired employee to collect pension or other retirement benefits.”  It was Seconded by Councilmember Maddox and the Motion CARRIED by a roll call vote of 14 yeas; 1 nay.  Thereafter, the Motion to Adopt on Substitute as Amended CARRIED by a roll call vote of 13 yeas; 2 nays.  Subsequently, the ordinance was Referred back to the Public Safety and Legal Administration Committee for Charter Amendment requirements of two (2) consecutive reads at Full Council.

REFERRED SUBSTITUTE AS AMENDED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 2 NAYS


 

CONSENT AGENDA

SECTION I


Council President Lisa M. Borders Presided

CONSENT AGENDA

There was no separate discussion of the following items with the exception of items 09-O-1407, 09-O-0544, 09-R-0935 and 09-R-0936 which were removed from the Consent Agenda, and considered separately per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.

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

SECTION I

ORDINANCES FOR SECOND READING

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09-O-0544 ( 1)            A Substitute (#2) Ordinance as Amended by Transportation Committee amending Chapter 22, Article III, Division 7, Section 22-202 of the Code of Ordinances of the City of Atlanta, on behalf of the Department of Aviation Ground Transportation Division, for the purpose of restructuring and increasing the fees the City assesses the Airport’s Commercial Ground Transportation Operators; and for other purposes.

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

SEE TRANSPORTATION COMMITTEE REPORT

09-O-1404 ( 2)            An Ordinance by Councilmember Anne Fauver to waive Section 150-207 (a) of the Code of Ordinances of the City of Atlanta to allow Roller Skating in the streets of Atlanta on October 11, 2009 for the 28th Annual Athens to Atlanta Road Skate; and for other purposes.

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

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-O-1352 ( 3)            An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $84,618,507.45 for the City of Atlanta General Obligation Refunding Bonds, Series 2009; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-O-1353 ( 4)            A Substitute Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $55,714,179.10 for the Downtown Development Authority of the City of Atlanta Refunding Revenue Bonds (Underground Atlanta Project), Series 2009A and the Downtown Development Authority of the City of Atlanta Taxable Refunding Revenue Bonds (Underground Atlanta Project), Series 2009B; and for other purposes.

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

09-O-1403 ( 5)            An Ordinance by Councilmember Anne Fauver as Substituted by Finance/Executive Committee transferring funds from the District 6 Councilmember Expense Accounts to fund a portion of cost associated with extension of the Welborne Road and Lenox Road Trailheads to the planned South Fork Peachtree Creek Bridge; and for other purposes.

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

09-O-1407 ( 6)            An Ordinance by Councilmember Howard Shook a First Amendment to an Ordinance 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, particularly as amended and supplemented by the Fourteenth Supplemental Bond Ordinance adopted on July 6, 2009 (09-O-1099); to modify the prior sub-series designations provided for in the Fourteenth Supplemental Bond Ordinance so as to provide for the issuance of Airport General Revenue Bonds Series 2009B (The “Series 2009B Bonds”) and to provide for the issuance of Airport Passenger Facility Charge and Subordinate Lien General Revenue Bonds Series 2009C (The “Series 2009C Bonds”, together with the Series 2009B Bonds, The “Series 2009B/C Bonds”) in the combined aggregate principal amount of not to exceed $800,000,000.00; to amend the debt service reserve requirement for Passenger Facility Charge and Subordinate Lien General Revenue Bonds; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

                  

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-O-1410 ( 7)            An Ordinance by Councilmembers Natalyn Archibong and Carla Smith as Substituted and Amended by Finance/Executive Committee authorizing the establishment of the Division of Sustainability in the Department of The Executive Offices, to amend Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to create positions, and provide for certain positions above entry hiring authorization; and for other purposes.

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

09-O-1411 ( 8)            An Ordinance by Councilmembers Natalyn Archibong, Carla Smith and Cleta Winslow as Substituted by Finance/Executive Committee amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Executive Offices, by adding to anticipations and appropriations in the amount of $231,936.00 for the Energy Efficiency and Conservation Block Formula Grant from the United States Department of Energy, for the purpose of funding the Division of Sustainability; and for other purposes.

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

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

09-O-1222 ( 9)            An Ordinance by City Utilities Committee to amend Section 2-25 of the City of Atlanta Ordinance entitled “Cable Communication Ordinance” (94-O-1777) so as to amend the definition of “Gross Revenue” such that it is consistent with State Law; and for other purposes. 

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

09-O-1313 (10)           An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (2004 Water and Wastewater Bond Fund-5058) in the amount of $1,005,374.00 to transfer funds from the Capital Project Reserve (5058) for Appropriations and to add to appropriation funds for the South River Basin Relief Project; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

                  

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-1001 (11)           An Ordinance by Community Development/Human Resources Committee to adopt the planning document entitled Imagine Downtown Encore; to amend the 2008 Comprehensive Development Plan of the City of Atlanta to incorporate the Imagine Downtown Encore Plan by reference; and for other purposes.

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

09-O-1120 (12)           A Substitute 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; correcting project allocations under the Homeless Prevention and Rapid Re-Housing Program (HPRP) in Ordinance 09-O-1121, Adopted by City Council on August 17, 2009 and Approved by the Mayor on August 25, 2009; and for other purposes.

Councilmember Shook made a Motion to send 09-O-1120 to the Mayor’s Office immediately for her signature.  It was Seconded by Councilmember Maddox and the Motion CARRIED by a roll call vote of 12 yeas; 1 nay.  Therefore, the ordinance was sent to the Mayor’s Office.

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

09-O-1319 (13)           An Ordinance by Community Development/Human Resources Committee to amend Atlanta Code of Ordinances by adding a new subsection 110-70.4 which shall create an off-leash pet area for dogs in a specified area of the Southbend Park; said area is to be maintained by the friends of Southbend Park and Park Pride Atlanta, Inc.; to accept certain improvements totaling $45,000.00 to the designated off-leash pet area from the Friends of Southbend Park; and to name this area the “Southbend Dog Park”, on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-1321 (14)           An Ordinance by Community Development/Human Resources Committee authorizing the Mayor or her designee, on behalf of the City of Atlanta (“City”), to accept from the Georgia Power Company (“GPC”) approximately 0.796 acre of property located at 2010 and 2020 Lenox Road and known as the GPC Property (The “GPC Property”) on which GPC has constructed a parking lot and trail prior to its conveyance, a trail easement on approximately 0.447 acre of property in the City located on the Morningside Place Condominium property know as the Morningside Place Easement and Trail (“Trail Easement”), a donation of up to $5,000.00 to fund due diligence and purchase services, a donation of up to $71,887.65 to Park Pride to fund design and construction costs of a trail; and for other purposes.

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

09-O-1408 (15)           An Ordinance by Councilmember Kwanza Hall as Substituted by Community Development/Human Resources Committee to impose Interim Controls on Building Permits and Demolition Permits within the Poncey-Highland Neighborhood until the Poncey-Highland Neighborhood Master Plan is completed and adopted; and for other purposes.

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-O-1349 (16)           An Ordinance by Public Safety and Legal Administration Committee amending Chapter 98, Article IV of the City Code of Ordinances entitled “Department of Corrections” so as to set forth that vendors providing services which involve contact with detainees be required to obtain Tuberculosis Testing and Clearance for their employees prior to assignment at the Atlanta Department of Corrections; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-R-1419 ( 1)             A Resolution by Transportation Committee approving the initial five year compensation amount for Project Number FC-7692-04, CONRAC Automated People Mover System Operations and Maintenance-Phase 2, with the Sumitomo/Mitsubishi Team, at Hartsfield-Jackson Atlanta International Airport in an amount not to exceed $25,500,000.00 to be charged to and paid from FDOA 5501 (Airport Revenue Fund) 180602 (DOA CONRAC APM) 5213001 (Consulting/Professional Serv) 7563000 (Airport) 000000 (Default) 00000 (Default) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

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

09-R-1420 ( 2)             A Resolution by Transportation Committee authorizing the Mayor to execute Renewal Agreement No. 4 with Allied Barton Security Services, LLC for FC-3005007858, Gate Guard Security Services, on behalf of the Department of Aviation, in an amount not to exceed $3,500,000.00; all contracted services will be charged to and paid from FDOA 5501 (Airport Revenue Fund) 180313 (Aviation Security) 5212001 (Consulting/Professional Services) 7563000 (Airport); and for other purposes.

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

09-R-1421 ( 3)             A Resolution by Transportation Committee authorizing the Mayor to enter into a Reimbursable Agreement with the Federal Aviation Administration (“FAA”) for reimbursement by the City of Atlanta of the costs incurred to remove, store and reinstall the Airport Surveillance Detection Equipment (ASDE) Remote Unit #12 Sensor at Aircraft Rescue and Fire Fighting (ARFF) Facility #32 at Hartsfield-Jackson Atlanta International Airport, in an amount not to exceed $55,000.00; all contracted work will be paid from PATEO 18101691 (E0405 Station #40) 101 (R21E04059999) 550591336 (DOA PFC Revenue 96AA) 5413002 (Building Improvements) FDOA 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Planning & Development) 54130029 (Building Improvements) 7563000 (Airport) 101691 (E0405 Station #40) 91336 (DOA PFC Revenue 96AA). 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

TRANSPORTATION COMMITTEE  (CONT’D)

CLAIR MULLER, CHAIR

09-R-1422 ( 4)             A Resolution by Transportation Committee authorizing the Mayor to execute a Reimbursable Agreement with the Atlanta Airlines Terminal Corporation for the Concourse B Electrical Equipment Renovation, at a cost to the City not to exceed $8,995,443.00, to be charged to and paid from PTAEO 18102503 (Concourse B Cosmetic Upgrade (AMT)) 101 (R21E012893CP) 550921372 (DOA 2004 F G I Rev 93CP) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA 5509 (2004 Airport Revenue Bond Fund F-K) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 102503 (Concourse B Cosmetic Upgrade (AMT)) 21372 (DOA 2004 F G I Rev 93CP) 0000 (Default) 00000000 (Default) 00000000 (Default).

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

09-R-1423 ( 5)             A Resolution by Transportation Committee authorizing the Aviation General Manager, or his designee, to issue Task Orders under Contract No. FC-3007000038-D, Managing General Contractors, with Turner Construction Company, Inc./Davis & Associates, Inc., a Joint Venture, in a collective amount not to exceed $1,400,000.00 to upgrade the Airport’s current Analog CCTV to an IP Addressable CCTV System.  All services will be charged to and paid from PTAEO 18101352 (E0124 Terminal Improvements) 101 (R21E01249999) 550291249 (DOA RNE 9999) 5414002 (Facilities not Bldg/Infrastructure-CIP) and FDOA 5502 (Airport Renewal & Extension Fund) 180201 (DOA Aviation Planning & Development) 5414002 (Facilities not Bldg/Infrastructure-CIP) 7563000 (Airport) 101352 (E0124 Terminal Improvements) 91249 (DOA RNE 9999) 0000 (Default) 00000000 (Default) 00000000 (Default).

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

09-R-1424 ( 6)             A Resolution by Transportation Committee authorizing the Mayor to execute an Agreement and Lease covering approximately 235 square feet of space at Hartsfield-Jackson Atlanta International Airport with Initial Contract Services, Inc.; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-R-1427 ( 7)             A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize GSA Contract #GS-07F-0538M to purchase the Hybrid Wireless Remote Radio Control Assembly System, 39L x 24W (IN) System used with the Remotec Bomb Robots on behalf of the Department of Aviation, Police Department/Canine Unit in an amount not to exceed $56,540.00.  All purchases will be charged to and paid from FDOA 5502 (Airport Renewal and Extension Fund), 180107 (DOA Aviation Information Systems), 5424003 (Computers $5,000.00+), 7563000 (Airport); and for other purposes.

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

09-R-1428 ( 8)             An Amended Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing the State of Georgia Contract #SW070764 with Dell Marketing L.P., for the purchase of consulting services to optimize the City of Atlanta’s Virtual Server Environment on behalf of the Department of Information Technology in an amount not to exceed $38,537.22; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 050211 (IT Network) 5213001 (Consulting/Professional Services (Technical)) 1535000 (Data Processing/Management Information System); and for other purposes.

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

09-R-1504 ( 9)             A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to refund $29,946.30 to Origen Partners, Inc., for an overpayment of Business License Fees to the City of Atlanta.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1505 (10)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute a Contract for FC-4972 on behalf of the Department of Finance with Iron Mountain for the purpose of providing for the Removal of all Records from City Hall East and to Store the City’s Records in Accordance with the Various Approved Retention Schedules in an amount not to exceed $235,000.00 to be charged to and paid from 1001 (General Fund) 100304 (NDP Records Management) 5212001 (Consultant/Professional Services) 1580000 (Office of Records Management); and for other purposes.

Councilmember Shook made a Motion to send Resolution 09-R-1505 immediately to the Mayor’s Office for her signature.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

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

09-R-1506 (11)            An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Segal Company, pursuant to the Special Procurement Provisions contained in Chapter 2, Article X, Division 4, Section 2-1191.1 of the Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, on behalf of the Department of Finance for Consulting Services for the City of Atlanta Pension Funds (General, Police Officers, and Firefighters) for a period of (1) year, in an amount not to exceed $95,000.00; all contracted work to be charged to and paid from Fund,  Department Organization and Account Number 1001 (General Fund) 200101 (Non-Departmental) 5212001 (Consulting/Professional Service) 1512000 (Accounting); and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1507 (12)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing the GSA Contract #GS-35F-0823M with Productive Corporation, an authorized reseller for Computer Associates, for Upgrade of Internet Security Licenses and Maintenance and Support on behalf of the Department of Information Technology in an amount not to exceed $28,350.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 050202 (IT Applications) 5410001 (Consulting/Professional Services-Capital) 1535000 (Data Processing/Management Information System); and for other purposes.

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

09-R-1508 (13)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et. seq. of the City of Atlanta Code of Ordinances, utilizing the GSA Contract #GS-35F-0892R with ClearCube Technology, an authorized reseller for Summit Government Group, LLC, for E-911 Virtual Desktop Computing Solution Hardware Maintenance and Support on behalf of the Department of Information Technology in an amount not to exceed $23,244.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 2151 (Emergency Telephone System) 240207 (APD-E911) 5213001 (Consulting/Professional Services-Technical) 3800000 (E911); and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1509 (14)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Purchase with Teledyne ISCO, Inc., for Flow Metering Equipment on behalf of the Department of Watershed Management, in an amount not to exceed $673,164.00; all contracted work shall be charged to and paid from the listed Fund, Department Organization and Account Numbers in the following amounts: $606,500.00 - 5051 (Water & Wastewater Revenue Fund) 170603 (DWM Industrial Wastewater Monitoring) 5316001 (Equipment $1,000.00-$4,999.00) 7210000 (Protective Inspection Administration); $66,664.00 - 5051 (Water & Wastewater Revenue Fund) 170603 (DWM Industrial Wastewater Monitoring) 5316002 (Equipment $0.00-$999.00) 7210000 (Protective Inspection Administration); and for other purposes.

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

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

09-R-0935 (15)            A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Instituform Technologies, Inc., for FC-4993, Sewer Groups II Rehabilitation Cured-In-Place Pipe, Contract D, on behalf of the Department of Watershed Management, in an amount not to exceed $7,697,227.50 all contracted work shall be charged to and paid from Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes. 

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

SEE CITY UTILITIES COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

09-R-0936 (16)            A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Instituform Technologies, Inc., for FC-4994 Sewer Groups II Rehabilitation Cured-In-Place Pipe, Contract E, on behalf of the Department of Watershed Management, in an amount not to exceed $7,986,761.60; all contracted work shall be charged to and paid from Fund, Department and Account Number Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes. 

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

SEE CITY UTILITIES COMMITTEE REPORT

09-R-1232 (17)            An Amended Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with People TV, Inc. to operate public access on the Cable System in the City Atlanta; for the purpose of providing funding for public access; and for other purposes.

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

09-R-1314 (18)            A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate contractual agreement with Camken Reynolds, LLC, for FC-4752 Consent Decree Sanitary Sewer Evaluation Survey, Sewer Groups 5 & 6 Contract B, on behalf of the Department of Watershed Management, in an amount not to exceed $13,888,012.80; that all contracted work shall be charged to and paid from Project Award Task Expenditure Organization and Account Number Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

09-R-1315 (19)            A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate contractual agreement with Compliance EnviroSystems, LLC, for FC-4751 Consent Decree Sanitary Sewer Evaluation Survey, Sewer Groups 5 & 6 Contract A, on behalf of the Department of Watershed Management, in an amount not to exceed $14,676,113.00; that all contracted work shall be charged to and paid from Project Award Task Expenditure Organization and Account Number Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes.

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

09-R-1495 (20)            A Substitute Resolution by City Utilities Committee correcting Resolution Number 09-R-0670 adopted by the City Council on May 4, 2009 and approved by the Mayor on May 12, 2009 by deleting incorrect Fund Activity Code and Description and inserting in lieu thereof the correct Function Activity Code and Description; and for other purposes.

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

09-R-1496 (21)            A Resolution by City Utilities Committee to correct Resolution Number 09-R-0941 adopted by the City Council on June 1, 2009 and approved by the Mayor on June 9, 2009 by deleting incorrect language of “time-only” and inserting in lieu thereof $9,500,000.00; and for other purposes.

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

09-R-1497 (22)            A Resolution by City Utilities Committee to correct Resolution Number 09-R-0942 adopted by the City Council on June 1, 2009 and approved by the Mayor on June 9, 2009 by deleting incorrect Department Organization and Expenditure Number and Description and inserting in lieu thereof the correct Department Organization and Expenditure Number and Description; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

09-R-1498 (23)            An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate agreement with Decanter Machine, Inc., for FC-4939, Annual Contract for Centrifuge Repair and Maintenance, on behalf of the Department of Watershed Management in an amount not to exceed $272,000.00; all services contracted for the said work for the base term of the agreement shall be charged to and paid from the listed Fund, Department and Organization Numbers; and for other purposes.

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

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-R-1124 (24)            A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to enter into a Operating and Lease Agreement with Community Care, Inc., such that Community Care, Inc., may maintain, operate, and provide programming at the Rick McDevitt Youth Center at Four Corners Park; and for other purposes.

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

09-R-1514 (25)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into various Contractual agreements for the implementation of projects under Community Development Block Grant-Recovery (CDBG-R) of the American Recovery and Reinvestment Act (ARRA) of 2009; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-R-1348 (26)            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 not to exceed $20.00 per dosage for the administration of Tuberculosis Testing to the employees of vendors assigned to the ACDC; and for other purposes. 

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

09-R-1418 (27)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to apply for and accept a $172,020.00 grant from the Governor’s Office of Highway Safety Fund for the purpose of funding the Car Seat Fitting Station Program developed by the Atlanta Fire and Rescue Department; and for other purposes.

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

Claims with favorable recommendations:

09-R-1429 ( 1)             Claim of Juanita F. Greene, for property damages alleged to have been sustained from a rehabilitation project from December 2002 through October 7, 2007 at 599 Rockwell Street, SW.                                                                                          $17,581.95

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

09-R-1430 ( 2)             Claim of Tyrus D. Woods, through his attorney, Bruce A. Hagen, P. C., Attorney at Law, for bodily injuries alleged to have been sustained due to an automobile accident on December 13, 2008 at 1959 Metropolitan Parkway, SW.                         $12,000.00

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

09-R-1431 ( 3)             Claim of 39 West Wesley Holders, LLC, c/o Simon R. Foster, for property damages alleged to have been sustained when a tree fell and damaged landscaping and a retaining wall on March 28, 2009 at 39 West Wesley Drive, NE.                                  $5,281.20

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:  (Cont’d)

09-R-1432 ( 4)             Claim of Collington Scott, for damages alleged to have been sustained as a result of a vehicular accident on June 4, 2009 at Ponce de Leon Avenue and Peachtree Street.      $4,325.59

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

09-R-1433 ( 5)             Claim of William F. Mabe, Attorney at Law, for bodily injuries alleged to have been sustained from stepping into an in-ground garbage receptacle holder on January 22, 2009 at Peachtree Street and Wall Street.                                                              $3,007.00

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

09-R-1434 ( 6)             Claim of Atlanta Gas Light Company, for damages alleged to have been sustained during the repair of a service lateral on April 28, 2009 at 218 Harper Road, SE. $2,883.21

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

09-R-1435 ( 7)             Claim of Carrie Brown-Willis, for damages alleged to have been sustained as a result of striking a construction cut on March 27, 2009 at 1103 Custer Avenue, SE.     $2,118.64

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

09-R-1436 ( 8)             Claim of State Farm Insurance Companies, as subrogee of Anthony Taylor, for damages alleged to have been sustained as a result of an automobile accident at Ralph David Abernathy Boulevard and Cooper Street on February 24, 2009.                 $2,030.75

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

09-R-1437 ( 9)             Claim of Cortney Thomas, for vehicle damages alleged to have been sustained as a result of a raised manhole on February 21, 2009 at Moury Avenue and Thirkeld Avenue.          $1,893.20

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:  (Cont’d)

09-R-1438 (10)            Claim of Allstate Insurance Company, as subrogee of Trevor Hosch, through his attorney, Edward M. Harris, for damages alleged to have been sustained as a result of a vehicular accident on July 23, 2008 at 321 10th Street.                           $1,525.75

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

09-R-1439 (11)            Claim of Todd Levin, for damages alleged to have been sustained as a result of striking a pothole on March 3, 2009 at 469 10th Street.                           $1,500.00

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

09-R-1440 (12)            Claim of Nationwide Insurance Company, as subrogee of Kathryn Knoop and Travis Knoop, for damages alleged to have been sustained as a result of a vehicular accident on February 16, 2009 at Cascade Avenue at West Haven Drive.  $1,458.94

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

09-R-1441 (13)            Claim of State Farm Insurance Company, as subrogee of Moshe Williams, for damages alleged to have been sustained as a result of a vehicular accident on May 10, 2009 at Interstate 20 at the Joseph E. Lowery Boulevard exit ramp.                    $1,431.70

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

09-R-1442 (14)            Claim of Veronica J. and Michael E. Gerald, for damages alleged to have been sustained as a result of an automobile accident on May 14, 2009 at 351 Autumn Lane, SW.              $1,413.90

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

09-R-1443 (15)            Claim of Lia Hamilton, for damages alleged to have been sustained as a result of striking an unsecured manhole lid on May 26, 2009 at 1100 Harwell Road, NW.            $1,300.00

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:  (Cont’d)

09-R-1444 (16)            Claim of C. Dawn Woods, for damages alleged to have been sustained as a result of a vehicular accident on January 21, 2009 at Northside Drive and Bellemeade Avenue.    $1,255.93

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

09-R-1445 (17)            Claim of Louis Siegel, for property damages alleged to have sustained when roof gutters were destroyed by  a City garbage truck during a back yard pickup on May 12, 2009 at 1665 Wildwood Road, NE.                                                               $1,175.00

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

09-R-1446 (18)            Claim of Robert Denson, for vehicular damages alleged to have been sustained from driving over a pothole on May 6, 2009 at Howell Mill Road and West Wesley Drive.            $1,118.00

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

09-R-1447 (19)            Claim of Anthony Gilliam, for damages alleged to have been sustained as a result of striking an unsecured manhole lid on March 10, 2009 at 1097 Harwell Road, NW.         $1,000.00

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

09-R-1448 (20)            Claim of Shashank Banerjea, for damages alleged to have been sustained as a result of an automobile accident on April 22, 2009 at 30 Marietta Street.  $991.82

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

09-R-1449 (21)            Claim of Phillip E. Reece, for damages alleged to have been sustained as a result of an automobile accident on June 11, 2009 at 3021 Middleton Road, NW.            $978.08

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

09-R-1450 (22)            Claim of Brian Robinson for vehicular damages alleged to have been sustained from a pothole on April 10, 2009 at Martin Luther King, Jr. Drive, NW and Bolton Road, NW.         $967.68

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:  (Cont’d)

09-R-1451 (23)            Claim of State Farm Insurance Companies, as subrogee of Raymond Tatum, for damages alleged to have been sustained as a result of an automobile accident due to a water main break on November 21, 2008 at Sawtell Avenue and Richmond Avenue.    $890.66

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

09-R-1452 (24)            Claim of Deairrone Martin, for vehicular damages alleged to have been sustained from driving over a pothole in the road on March 24, 2009 at Cleveland Avenue and Jonesboro Road, SW.                                                                                                $769.52

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

Claims with unfavorable recommendations:

09-R-1453 (25)            Claim of Nyyokokie Hendly, for vehicular damages alleged to have been sustained from driving through a road-striping project on May 22, 2009 at 1840 Campbellton Road, SW.

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

09-R-1454 (26)            Claim of Willie E. Bowden, Jr., for vehicular damages alleged to have been sustained from driving over a pothole in the road on May 8, 2009 at Highway 166 and Barge Road (3571 Campbellton Road).

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

09-R-1455 (27)            Claim of Craig M. Davis, for vehicular damages alleged to have been sustained from driving over a pothole in the road on June 14, 2009 on Highpoint Road, SW (Gwinnett County).

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-1456 (28)            Claim of Willie Brown, through his attorney, Michael Moran, for damages alleged to have been sustained as a result of an automobile accident on September 4, 2007 at Metropolitan Parkway at Ralph D. Abernathy Boulevard.

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

09-R-1457 (29)            Claim of Ezekiel Kennedy, for damages alleged to have been sustained as a result of an automobile accident on February 22, 2008 at 1382 Childress Drive.

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

09-R-1458 (30)            Claim of GEICO, as subrogee of Chadderick Evans, for damages alleged to have been sustained as a result of an automobile accident on March 13, 2008 at Murray Hill Avenue.

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

09-R-1459 (31)            Claim of Donna Holloway, through her attorney, David Lewis, for damages alleged to have been sustained as a result of an uncovered electrical box on May 31, 2008 at 285 Andrew Young International Boulevard, near entrance C.

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

09-R-1460 (32)            Claim of Harrison Shullo, for vehicular damages alleged to have been sustained from driving over a construction site on May 20, 2009 at 800 Marietta Street, NW.

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

09-R-1461 (33)            Claim of Kathleen L. Thomason-Jackson, for damages alleged to have been sustained as a result of a water meter leak between June 2007 and April 2008 at 7910 Campbellton Fairburn Road.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-1462 (34)            Claim of Marie Harris, for damages alleged to have been sustained as a result of a fallen tree on her property on June 8, 2009 at 2251 Penelope Street, NW.

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

09-R-1463 (35)            Claim of Tara M. Harris, for damages alleged to have been sustained during a construction project on April 13, 2009 at 1184 Spring Street and 14th Street.

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

09-R-1464 (36)            Claim of Earla Campbell, for damages alleged to have been sustained as a result of striking metal plates on January 21, 2009 at 414 Ponce de Leon Avenue, NE.

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

09-R-1465 (37)            Claim of Jason Swichtenberg, through his attorney, Bruce A. Hagen, Esq., for damages alleged to have been sustained when excessive force was used during an unlawful arrest on February 24, 2009 at West Peachtree Street and Boone.

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

09-R-1466 (38)            Claim of Christopher M. Putman, through his attorney, James Lee Ford, Esq., for damages alleged to have been sustained when excessive force was used during an arrest on November 30, 2008 at 3180 Roswell Road, NE.

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

09-R-1467 (39)            Claim of George Edelstein, for damages alleged to have been sustained as a result of a trip and fall on December 19, 2008 at Sutton Middle School, 4360 Powers Ferry Road.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-1468 (40)            Claim of Loumario Holmes, through his attorney, Hall Hirsh, LLC, for damages alleged to have been sustained when the City failed to release personal property on December 24, 2008 at 415 Armour Drive.

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

09-R-1469 (41)            Claim of Tyron Clark for vehicular damages alleged to have been sustained from driving over a construction site that was left in an unsafe manner on May 10, 2009 at 979 Dill Avenue, SW.

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

09-R-1470 (42)            Claim of Ruth Yardum, through her attorney, Megan Mathews Noble, Esq., Drew Eckl & Farnham, LLP, for damages alleged to have been sustained when the City failed to maintain access to Spink Street for an unspecified time at 2100 Spink Street.

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

09-R-1471 (43)            Claim of Kimberly E. Bracey, through her attorney, Cary S. Wiggins, Esq., Cook, Youngelson & Wiggins, for damages alleged to have been sustained from an unlawful arrest on December 20, 2008 at 3102 Lenox Road, NE.

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

09-R-1472 (44)            Claim of Quinetta Grant, through her attorney, Divida Gude, LLC, for bodily injuries alleged to have been sustained from a slip-and-fall incident on May 8, 2009 at Hartsfield-Jackson International Airport, 8700 Spine Road.

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

09-R-1473 (45)            Claim of Babatunde Abdullah, for vehicular damages alleged to have been sustained when a traffic light fell from the intersection and struck a vehicle on June 26, 2009 at 1008 Cascade Avenue, SW.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-1474 (46)            Claim of Geofferay A. Baker, for damages alleged to have been sustained when a tree fell from City property and destroyed a vehicle on July 13, 2009 at 407 5th Street, NE.

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

09-R-1475 (47)            Claim of Heritage Square, Inc., through its attorney, Martin and Jones, for damages alleged to have been sustained as a result of storm water runoff on March 27, 2009 at 1300 Mayson Turner Drive.

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

09-R-1476 (48)            Claim of Virginia Campello, through her attorney, J. Peter Cassidy, Esq., for bodily injuries alleged to have been sustained from a slip and fall incident on May 5, 2009 at Hartsfield-Jackson International Airport, 8700 Spine Road.

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

09-R-1477 (49)            Claim of Charles L. and Betty J. Smith, for damages alleged to have been sustained as a result of an accident on May 21, 2009 at 938 Berne Street, SE.

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

09-R-1478 (50)            Claim of GEICO, as subrogee of Sharon Crenchaw, for damages alleged to have been sustained as a result of an automobile accident on April 20, 2009 at 215 Pryor Street.

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

09-R-1479 (51)            Claim of Marjorie Cohen, for damages alleged to have been sustained when a tree fell from City property on April 14, 2009 at 1347 Pasadena Avenue.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-1480 (52)            Claim of Alex Agbaere, through his attorney, Orlando P. Ojeda, Jr. Esq., The Ojeda Law Firm, LLC, for damages alleged to have been sustained from a false arrest and malicious arrest prosecution and negligence in 2006 or 2007 at Hartsfield-Jackson International Airport, 8700 Spine Road.

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

09-R-1481 (53)            Claim of Vicki Daniels, through her attorney, Musa Dan-Fodio, for damages alleged to have been sustained while being transported during an arrest on September 13, 2007 at 400 Fairburn Road, SW.

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

09-R-1482 (54)            Claim of Linda Walker, for damages alleged to have been sustained as a result of walking into an uncovered water meter on December 6, 2008 at 712 Pasley Avenue.

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

09-R-1483 (55)            Claim of Ragner Reyes, for damages alleged to have been sustained during a construction project on April 01, 2009 at 1184 Spring Street and 14th Street.

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

09-R-1484 (56)            Claim of James Bennett, for damages alleged to have been sustained as a result of an automobile accident on October 8, 2008 at Pharr Road at Piedmont Road.

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

09-R-1485 (57)            Claim of Meleia Whorley, for damages alleged to have been sustained as a result of striking a metal plate on December 23, 2008 at Rockbridge Road and Wynbrooke Parkway, Decatur.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-1486 (58)            Claim of Monique Watson and Terence Jones, for damages alleged to have been sustained as a result of striking an unsecured manhole lid on May 20, 2009 at 4511 Campbellton Road.

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

09-R-1487 (59)            Claim of Sandra Day, for damages alleged to have been sustained as a result of an automobile accident on April 21, 2009 at Central Avenue, SW and Trinity Avenue, SW.

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

09-R-1488 (60)            Claim of Erik Bloom, for damages alleged to have been sustained as a result of striking a construction cut on June 21, 2009 at 3060 Peachtree Road and Buckhead Avenue.

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

09-R-1489 (61)            Claim of GEICO, as subrogee of Shirley Arnold, for damages alleged to have been sustained as a result of an automobile accident on October 14, 2008 at Barge Road, SW and Fairburn Road, SW.

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

09-R-1490 (62)            Claim of Hollis M. Wise, for damages alleged to have been sustained as a result of a trip and fall incident due to ice on the sidewalk on November 19, 2008 at 1201 Peachtree Street, NE.

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

09-R-1491 (63)            Claim of Rodney L. Copeland, for vehicular damages alleged to have been sustained from driving over a pothole in the road on May 15, 2009 at Highway 166 and Barge Road (3571 Campbellton Road.)

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-1492 (64)            Claim of Jerry Cross, through his attorney, Eric Ripper, for damages alleged to have been sustained as a result of an automobile accident on April 28, 2009 on Key Road.

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

09-R-1493 (65)            Claim of Mark Slones, for vehicular damages alleged to have been sustained from driving over a pothole in the road on May 9, 2009 at Highway 166 and Barge Road (3571 Campbellton Road.)

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


 

CONSENT AGENDA

SECTION II


Council President Lisa M. Borders Presided

CONSENT AGENDA

SECTION II

ORDINANCES FOR FIRST READING

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

The following items (1 – 16) were taken as a collective vote.

09-O-1425 ( 1)            An Ordinance by Finance/Executive Committee authorizing the Mayor to waive the Source Selection Provisions contained in the City of Atlanta Code of Ordinances Article X Procurement and Real Estate Code; to authorize the Chief Financial Officer to remit payment of an outstanding invoice to CA, Inc. in an amount not to exceed $24,990.00.  All invoices will be charged to and paid from FDOA 5501 (Airport Revenue Fund), Department 180107 (Department of Aviation, Aviation Information Services), 5212001 (Consulting/Professional Services), Functional Activity 7563000 (Airport); and for other purposes.

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

09-O-1426 ( 2)            An Ordinance by Finance/Executive Committee authorizing the Mayor to waive the Source Selection Provisions contained in the City of Atlanta Code of Ordinances Article X Procurement and Real Estate Code; to authorize the Chief Financial Officer to remit payment of all outstanding invoices to International Business Machines Corporation (“IBM”) in an amount not to exceed $42,081.18.  All invoices will be paid from and charged to FDOA 5501 (Airport Revenue Fund), Department 180107 (Department of Aviation, Aviation Information Services), 5212001 (Consulting/Professional Services), Functional Activity 7563000 (Airport); and for other purposes.

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

09-O-1503 ( 3)            An Ordinance by Finance/Executive Committee to correct Ordinance Number 08-O-2294 adopted by the Atlanta City Council on January 5, 2009, and approved by the Mayor on January 13, 2009; and for other purposes.

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

Council President Lisa M. Borders 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-1515 ( 4)            An Ordinance by Finance/Executive Committee to anticipate and appropriate revenue payments from Universal Tennis Academy for FC-4944 Special Procurement for Management and Operations of various Tennis Centers in the amount of $30,000.00 for Capital Improvements to the Tennis Centers named herein; to anticipate and appropriate excess revenue payments as calculated below to be placed in Trust Accounts for Camp Best Friends and the Trust Accounts for the Centers which generated the excess revenue in the amounts indicated herein; and for other purposes.

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

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

09-O-1494 ( 5)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (Water and Wastewater Renewal and Extension Fund-5052) in the amount of $4,000,000.00 to transfer funds from the Surcharge Projects Reserve for Appropriations; to add to appropriation funds for the Hemphill Finished Water Pump Station Project; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-1395 ( 6)            An Ordinance by Community Development/Human

CDP-09-28                  Resources Committee to amend the Land Use Element of the 2008 Atlanta Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1527-1611 Perry Boulevard from the “Industrial” Land Use Designation to the “Medium Density Residential” Land Use Designation (Z-09-21); and for other purposes.

NPU-G                         Council District 9

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

09-O-1396 ( 7)            An Ordinance by Community Development/Human

CDP-09-31                  Resources Committee to amend the Land Use Element of the 2008 Atlanta Comprehensive Development Plan (CDP) so as to re-designate properties located in the Cleveland Avenue Corridor Plan from “Various” Land Use Designations to “Various” Land Use Designations; and for other purposes.

NPUs X & Z                                        Council District 12

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

09-O-1413 ( 8)            An Ordinance by Community Development/Human Resources Committee to create the “692 Kirkwood Avenue Mixed-Use Commercial Residential Urban Enterprise Zones”, located at 692 Kirkwood Avenue, District 5, City of Atlanta, Land Lot 20, Parcel Number 14-0020-0005-049-9, as identified in Exhibit “A” attached hereto; to provide notification to affected Governmental Entities; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Lisa M. Borders 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-1414 ( 9)            An Ordinance by Community Development/Human Resources Committee to create the “Vertical Properties Commercial Urban Enterprise Zone”, located at 1599 Memorial Drive, in the 15th District, Land Lot 178, of DeKalb County, Parcel Number 15-178-04-006, as identified in Exhibit “A” attached hereto; to provide notification to affected governmental entities; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

09-O-1416 (10)           An Ordinance by Community Development/Human

CDP-09-30                  Resources Committee to adopt the Cleveland Avenue Corridor Plan and to amend the City of Atlanta 2008 Comprehensive Development Plan (CDP) so as to incorporate the Cleveland Avenue Corridor Plan; and for other purposes.

NPUs X & Z                            Council District 12

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

09-O-1415 (11)           An Ordinance by Community Development/Human Resources Committee authorizing the Mayor to accept and sign a Grant Agreement for the 2009 Brownfield Revolving Loan Fund Grant Program in the amount of $1,000,000.00; amending the 2010 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $1,000,000.00; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Lisa M. Borders 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-1500 (12)           An Ordinance by Community Development/Human Resources Committee amending the 2009 (Job Training Fund) Budget, Atlanta Workforce Development Agency, by adding to anticipations and appropriations in the amount of $976,998.00 in the Workforce Investment Act Dislocated Worker Fund, from the Georgia Department of Labor, to provide job training and other skills to local dislocated workers; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

09-O-1501 (13)           An Ordinance by Community Development/Human Resources Committee amending the 2009 (Job Training Fund) Budget, Atlanta Workforce Development Agency, by adding to anticipations and appropriations in the amount of $1,851,432.00 in the Workforce Investment Act Adult Fund, from the Georgia Department of Labor, to provide job training and other skills to local adults; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

09-O-1502 (14)           An Ordinance by Community Development/Human Resources Committee amending the 2009 (Job Training Fund) Budget, Atlanta Workforce Development Agency, by adding to anticipations and appropriations in the amount of $2,071,211.00 in the Workforce Investment Act Youth Fund, from the Georgia Department of Labor, to provide job training and other skills to area youth; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-O-1417 (15)           An Ordinance by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to add to anticipations and appropriations funds from Wachovia Bank on behalf of the Atlanta Fire and Rescue Department in the amount of $438,843.00 for the purpose of supporting the Mobile Data Computers and Automatic Vehicle Locators; and for other purposes.

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

09-O-1499 (16)           An Ordinance by Public Safety and Legal Administration Committee amending the 2009 (Intergovernmental Grant Fund) Budget, by adding to anticipations and appropriations in the amount of $172,020.00 on behalf of the Atlanta Fire and Rescue Department for the purpose of funding the Car Seat Fitting Station Program developed by the Atlanta Fire and Rescue Department; and for other purposes.

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


 

COMMITTEE REPORTS


Council President Lisa M. Borders Presided

COMMITTEE REPORTS

TRANSPORTATION COMMITTEE  (1)

CLAIR MULLER, CHAIR

Attendance at the September 02, 2009 meeting of the Transportation Committee was as follows:

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

Absent:        Councilmember Willis

ITEM REMOVED FROM CONSENT AGENDA

09-O-0544 ( 1)            A Substitute (#2) Ordinance as Amended by Transportation Committee amending Chapter 22, Article III, Division 7, Section 22-202 of the Code of Ordinances of the City of Atlanta, on behalf of the Department of Aviation Ground Transportation Division, for the purpose of restructuring and increasing the fees the City assesses the Airport’s Commercial Ground Transportation Operators; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Moore.  Ms. Moore was recognized and made a Motion to Refer 09-O-0544 back to the Transportation Committee.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (1)

IVORY L. YOUNG, JR., CHAIR

Attendance at the September 02, 2009 meeting of the Zoning Committee was as follows:

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

Absent:        Councilmember Martin

ZONING REVIEW BOARD SUMMARY REPORT

The following ordinances (06-O-2308 and 09-O-1304) were taken as a collective vote.

06-O-2308 ( 1)            An Amended Ordinance by Zoning Committee to rezone from

Z-06-113                     the SPI-6 (Poncey Highland Special Public Interest) District to the MRC-3-C (Mixed Residential Commercial-Conditional) District, property located at 863 Ponce de Leon (rear), N.E., fronting approximately 63 feet on the east side of Barnett Street, beginning 150 feet from the westerly corner of Barnett Street and Ponce de Leon Avenue.  Depth: approximately 74 feet.  Area: 0.861 acres; Land Lot 17 of the 14th District, Fulton County, Georgia.  Owner: Robert T. Budd; Applicant: Kevin A. Ross; NPU-N  Council District 2.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

09-O-1304 ( 2)            An Amended Ordinance by Zoning Committee granting a

U-09-11                       Special Use Permit under the provisions of Section 16-11.005 (l) (l) for an Outdoor Dining at Eating and Drinking Establishment, property located at 4629 Wieuca Road, N.E., fronting approximately 200 feet on the northeast side of Wieuca Road, beginning approximately 183.13 feet from the northeast corner of Wieuca Road and Roswell Road.  Depth: approximately 228 feet.  Area: approximately 1.03 acres; Land Lot 95, 17th District, Fulton County, Georgia.  Owner: Jim Kil Yeom; Applicant: Richard W. Seaman; NPU-B  Council District 7.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 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-1305 ( 3)            An Ordinance by Zoning Committee granting a Special Use

U-09-12                       Permit under the provisions of Section 16-06.005 (1) (b) for a Day Care Center, property located at 1635-1639 Campbellton Road, S.W., fronting approximately 186 feet on the north side of Campbellton Road, beginning approximately 50 feet from the northeast corner of Campbellton Road and Ridgewood Lane.  Depth: varies.  Area: approximately 0.942 acre; Land Lot 153, 14h District, Fulton County, Georgia.  Owner: Brad Houtkin; Applicant: Rasheda Ali; NPU-S  Council District 12

FILED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (1)

HOWARD SHOOK, CHAIR

Attendance at the September 02, 2009 meeting of the Finance/Executive Committee was as follows:

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

Absent:        Councilmember Maddox

REPORT

09-TR-1516 ( 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; 0 NAYS

ORDINANCES FOR SECOND READING

The following items (1, 2 & 5) were taken as a collective vote.

08-O-1546 ( 1)            An Ordinance by Councilmembers Felicia A. Moore, Ceasar C. Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, H. Lamar Willis, Natalyn Archibong, Clair Muller, Jim Maddox, Ivory Lee Young, Jr. and Kwanza Hall to amend the FY 2009 (General Fund) Budget to re-establish the Department of Fire and Rescue Special Operations Squad by transferring appropriations from various non-personnel accounts yet to be determined, to the Department of Fire and Rescue Budget Fund, Department, Account and Organization Number; and for other purposes.

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

09-O-1101 ( 2)            An Ordinance 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 Mitchell, Kwanza Hall, H. Lamar Willis, Jim Maddox, Natalyn Archibong and Cleta Winslow as Amended by Finance/Executive Committee to amend the City of Atlanta Code of Ordinances Section 2-371, Office of Budget and Fiscal Policy, so as to create a new Section 2-371(c); requiring the development and adoption of a 2009-2014 Financial Stabilization Plan by October 15, 2009; adopting Fiscal Stabilization Priorities, by preference, to be included in the plan; requiring annual adoption of the plan prior to the Annual Budget adoption; to repeal conflicting ordinances; and for other purposes.

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

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-1220 ( 3)            A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to establish an account for the Department of Executive Offices to accept receipt of funds from Comcast of Georgia/Virginia, Inc. under its Franchise Agreement with the City of Atlanta in the amount of $500,000.00 so as to allocate those funds for the purpose of PEG Support; and for other purposes.

Chairperson Shook sounded the caption to Ordinance 09-O-1220 and stated the committee recommendation was Favorable on Condition (receive and attach a transition plan).  Following, Councilmember Martin was recognized and made a Motion to Adopt.  It was seconded by Councilmember Maddox.  Mr. Martin then offered Amendment #1/#1 to attach the transition plan.  It was properly Seconded and a discussion ensued.  After which, Martin Amendment #1/#1 CARRIED by a roll call vote of 11 yeas; 1 nay.  Subsequently, the Motion to Adopt on Substitute as Amended was made.  Seconded by Councilmember Maddox, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

09-O-1367 ( 4)            A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to execute a Lease with ACP Peachtree Center, LLC for the purpose of providing Office Space for the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

Chairperson Shook sounded the caption to Ordinance 09-O-1367 and offered to bring forth a Substitute.  It was Seconded by Councilmember Fauver and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  The Substitute was before Council.  Chairperson Shook then made a Motion to Adopt on Substitute.  After which, Councilmember Martin was recognized and made a substitute Motion to Refer 09-O-1367 back to the Finance/Executive Committee.  It was Seconded by Councilmember Moore and an extensive discussion ensued, during which, Councilmember Norwood made a Motion to enter Committee of the Whole.  It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 3 nays.  Council entered Committee of the Whole.

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-1367 ( 4)            A Substitute Ordinance by Finance/Executive Committee

(Cont’d)                       authorizing the Mayor or her designee to execute a Lease with ACP Peachtree Center, LLC for the purpose of providing Office Space for the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

COMMITTEE OF THE WHOLE

In Committee of the Whole, Council entertained questions to Commissioner Dianne Harnell-Cohen and Mr. John Levell.  After the question and answer period, Councilmember Young made a Motion to re-enter Regular Session.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.  Council then re-entered Regular Session.

REGULAR SESSION

During Regular Session, the Motion to Refer was CARRIED and FAILED by a roll call vote of 3 yeas; 10 nays.  Following, Chairperson Shook stated the Substitute was done in committee, therefore, the ordinance was brought forth as Substituted in Committee.  A discussion ensued.  Thereafter, the Motion to Adopt on Substitute CARRIED by a roll call vote of 12 yeas; 3 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 3 NAYS

09-O-1376 ( 5)            An Ordinance by Councilmember Felicia A. Moore to amend Article X, Chapter 2, Division 4, Section 2-1212 of the Atlanta City Code of Ordinances to require proof of available funds to be attached to all legislation submitted to City Council for the award of contracts involving the expenditure of City funds; and for other purposes.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (4)

HOWARD SHOOK, CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

09-O-1406 ( 6)            An Ordinance 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 Mitchell, Kwanza Hall, H. Lamar Willis, Jim Maddox, Natalyn Mosby Archibong and Cleta Winslow to amend the Charter of the City of Atlanta, Georgia, 1996 Ga Laws P. 4469, et seq., under and by virtue if the authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1, et seq., as amended, by amending Part 1, Subpart A, Article VI (Revenue and Fund Administration), Chapter III (Fiscal Control) to create a new Section which shall be Section 6-312 to be entitled Financial Stabilization Plan, which new Section 6-312 shall provide for the development and adoption of an Annual Financial Stabilization Plan Covering a period of five years; to repeal conflicting ordinances; and for other purposes. 

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS FOR 3RD READING/FINAL ADOPTION

RESOLUTION

09-R-1512 ( 1)             An Amended Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the City, to execute a Contract with Universal Tennis Management, LLC, for FC-4944, Special Procurement for Management & Operation of various Tennis Centers, for consideration as reflected below; and for other purposes.

Chairperson Shook sounded the caption to Resolution 09-R-1512 and stated the item was forwarded from committee Favorable as Amended.  Mr. Shook then made a Motion to bring forth a Substitute and stated the Substitute included the two (2) year renewal option and scope of work.  It was Seconded by Councilmember Maddox and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  The Substitute was before the Council.  After a brief discussion, the Motion to Adopt on Substitute was CARRIED by a unanimous roll call vote of 15 yeas; 0 nays.

ADOPTED SUBSTITUTE AS AMENDED BY A UNANIMOUS ROLL CALL VOTE OF 15 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (5)

HOWARD SHOOK, CHAIR

ITEM REMOVED FROM CONSENT AGENDA

09-O-1407 ( 1)            An Ordinance by Councilmember Howard Shook a First Amendment to an Ordinance 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, particularly as amended and supplemented by the Fourteenth Supplemental Bond Ordinance adopted on July 6, 2009 (09-O-1099); to modify the prior sub-series designations provided for in the Fourteenth Supplemental Bond Ordinance so as to provide for the issuance of Airport General Revenue Bonds Series 2009B (The “Series 2009B Bonds”) and to provide for the issuance of Airport Passenger Facility Charge and Subordinate Lien General Revenue Bonds Series 2009C (The “Series 2009C Bonds”, together with the Series 2009B Bonds, The “Series 2009B/C Bonds”) in the combined aggregate principal amount of not to exceed $800,000,000.00; to amend the debt service reserve requirement for Passenger Facility Charge and Subordinate Lien General Revenue Bonds; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Martin.  Chairperson Shook sounded the caption to Ordinance 09-O-1407 and made a Motion to Adopt.  It was properly Seconded and a brief discussion ensued.  After which, the Motion to Adopt CARRIED by a roll call vote of 13 yeas; 0 nays.

ADOPTED 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 September 08, 2009 meeting of the Committee on Council was as follows:

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

Absent:        Councilmember Winslow

COMMUNICATION

09-C-1369 ( 1)             A Communication by Council President Lisa M. Borders re-appointing Mr. Robin C. Loudermilk, Jr. to serve on the Buckhead Community Improvement District Board.  This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.  (Held 07/28/09, to allow appointee the opportunity to come before the Committee) (Favorable by Community Development/Human Resources Committee 9/1/09.)

CONFIRMED BY A UNANIMOUS ROLL CALL VOTE OF 15 YEAS; 0 NAYS

ORDINANCE FOR FIRST READING

09-O-1541 ( 1)            An Ordinance by Committee on Council to amend the 2001 City of Atlanta Precincts and Polling Places in Precinct 02D as a result of permanent precinct relocation; and for other purposes.

REFERRED TO COMMITTEE ON COUNCIL BY A UNANIMOUS ROLL CALL VOTE OF 15 YEAS; 0 NAYS

ORDINANCE FOR SECOND READING

09-O-1394 ( 1)            A Substitute Ordinance by Committee on Council to authorize the Mayor to enter into a Contract with DeKalb County to conduct the 2009 General Municipal Election and any Special Election(s) held in conjunction therewith, within that portion of Atlanta which lies in DeKalb County on November 3, 2009; and if necessary, a City of Atlanta General Runoff Election to be held on December 1, 2009; and all future elections until December 31st 2058; to authorize that expenses incurred under the Contract be paid from the allocation previously authorized by Ordinance 09-O-0654; to appoint the DeKalb County Board of Registration and Elections, with its Election Supervisor acting as its agent, as Municipal Election Superintendent for the purpose of conducting said election, as Absentee Ballot Clerk and as Municipal Registrar; and for other purposes.

ADOPTED SUBSTITUTE BY A UNANIMOUS ROLL CALL VOTE OF 15 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (2)

FELICIA A. MOORE, CHAIR

RESOLUTION

09-R-1542 ( 1)             A Resolution by Committee on Council expressing the City of Atlanta’s desire to add a Northside Location as an Advance Voting Location for the City of Atlanta’s November 3, 2009 General Election and if necessary and practicable the City of Atlanta’s December 1, 2009 Run-Off Election; and for other purposes.

ADOPTED BY A UNANIMOUS ROLL CALL VOTE OF 15 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (1)

CARLA SMITH, CHAIR

Attendance at the September 01, 2009 meeting of the City Utilities Committee was as follows:

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

Absent:        None

ITEMS REMOVED FROM CONSENT AGENDA

The following resolutions (09-R-0935 and 09-R-0936) were taken as a collective vote.

09-R-0935 ( 1)             A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Instituform Technologies, Inc., for FC-4993, Sewer Groups II Rehabilitation Cured-In-Place Pipe, Contract D, on behalf of the Department of Watershed Management, in an amount not to exceed $7,697,227.50 all contracted work shall be charged to and paid from Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes. 

The above item was removed from the Consent Agenda by request of Councilmember Smith.  Chairperson Smith sounded the caption to resolutions 09-R-0935 and 09-R-0936 and made a Motion to Table.  It was properly Seconded and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.  Therefore, both resolutions were Tabled.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (2)

CARLA SMITH, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

09-R-0936 ( 2)             A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Instituform Technologies, Inc., for FC-4994 Sewer Groups II Rehabilitation Cured-In-Place Pipe, Contract E, on behalf of the Department of Watershed Management, in an amount not to exceed $7,986,761.60; all contracted work shall be charged to and paid from Fund, Department and Account Number Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes. 

The above item was removed from the Consent Agenda by request of Councilmember Smith.  Chairperson Smith sounded the caption to resolutions 09-R-0935 and 09-R-0936 and made a Motion to Table.  It was properly Seconded and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.  Therefore, both resolutions were Tabled.

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

ORDINANCE FOR SECOND READING

09-O-1223 ( 1)            An Ordinance by City Utilities Committee authorizing the Mayor to execute a Franchise Agreement between the City of Atlanta and Comcast of Georgia/Virginia, Inc., for the purpose of renewing the Cable Franchise granted for the construction, reconstruction, operation and maintenance of a Cable Communications System within the City; and for other purposes.  (Public Hearing held 8/31/09) 3RD READING, FINAL ADOPTION

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (3)

CARLA SMITH, CHAIR

RESOLUTION

07-R-1214 ( 1)             A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to Jacobs/PRAD/PBS & J, Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services, White Paper Study for the Policy Level Analysis of Security Options for Drinking Water Assets, in an amount not to exceed $48,250.48; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 524001 (Consultant/Professional Services) Q12001 (Watershed Security); and for other purposes.

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


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (1)

JIM MADDOX, CHAIR

Attendance at the September 01, 2009 meeting of the Community Development/Human Resources Committee was as follows:

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

Absent:        None

The Standing Committee of Community Development/Human Resources did not have a report.


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (1)

CLETA WINSLOW, CHAIR

Attendance at the September 01, 2009 meeting of the Public Safety and Legal Administration Committee was as follows:

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

Absent:        None

ORDINANCES FOR SECOND READING

08-O-1538 ( 1)            An Ordinance by Councilmembers Jim Maddox, Joyce Sheperd, Mary Norwood, Ivory Lee Young, Jr., H. Lamar Willis, Kwanza Hall, C. T. Martin, Natalyn Archibong and Ceasar C. Mitchell to amend the Charter of the City of Atlanta, Georgia pursuant to the authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1 et seq., as that for the next Election of Municipal Court Judges, to be held in 2009, if more than seven (7) Judges elect to continue to serve for an additional four year term, only the seven (7) Judges receiving the highest number of votes shall continue to serve; to waive conflicting ordinances and charter amendments; and for other purposes.

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

08-O-1760 ( 2)            An Ordinance by Councilmembers Jim Maddox, C. T. Martin, Cleta Winslow, H. Lamar Willis, Ceasar Mitchell, Ivory L. Young, Jr., Kwanza Hall and Clair Muller as Substituted by Public Safety and Legal Administration Committee to amend Chapter 62, Article II, Division 1, of the City of Atlanta Code of Ordinances, to create a new Section 62-27.1 which section shall provide that effective July 1, 2009, the number of Municipal Court Judges shall be eight (8); to waive conflicting ordinances; and for other purposes. 

Chairperson Winslow sounded the caption to Ordinance 08-O-1760 and stated the committee forwarded the ordinance with No Recommendation on Substitute.  Following, Councilmember Archibong was recognized and made a Motion to File.  It was properly Seconded and discussion ensued, during which, Councilmember Archibong withdrew her Motion to File and the Second likewise was withdrawn.  Councilmember Fauver then offered Amendment #1/#1 to change the number of Municipal Court Judges from eight (8) to ten (10).  It was Seconded by Councilmember Winslow.  Thereafter, in lieu of more information needed, Councilmember Fauver withdrew her Amendment #1/#1 and

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (2)

CLETA WINSLOW, CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

08-O-1760 ( 2)            An Ordinance by Councilmembers Jim Maddox, C. T. Martin,

(Cont’d)                       Cleta Winslow, H. Lamar Willis, Ceasar Mitchell, Ivory L. Young, Jr., Kwanza Hall and Clair Muller as Substituted by Public Safety and Legal Administration Committee to amend Chapter 62, Article II, Division 1, of the City of Atlanta Code of Ordinances, to create a new Section 62-27.1 which section shall provide that effective July 1, 2009, the number of Municipal Court Judges shall be eight (8); to waive conflicting ordinances; and for other purposes. 

Chairperson Winslow withdrew her Second.  Subsequently, Chairperson Winslow made a Motion to Table.  It was properly Seconded and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.

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

09-O-1045 ( 3)            A Substitute Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Section 162-77 (6) so as to specifically allow companies and third parties approved by the Bureau, to administer the examination which all new applicants for driver permits must pass in order to secure their initial permits; and for other purposes.

Chairperson Winslow sounded the caption to Ordinance 09-O-1045 and stated the recommendation from committee was Favorable on Substitute on Condition.  Ms. Winslow then stated the condition has not been met and made a Motion to Refer 09-O-1045 back to the Public Safety and Legal Administration Committee.  It was properly Seconded and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (3)

CLETA WINSLOW, CHAIR

RESOLUTION

07-R-2294 ( 1)             A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to approve or reject the decision of the evaluator presiding in the early neutral evaluation process, an alternative dispute resolution process, in the matter of Veolia Water North America Operating Services, LLC v. City of Atlanta, in the U.S. District Court, Northern District of Georgia, Civil Action No. 06-CV-1457-TWT; and for other purposes. 

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


 

PERSONAL PAPERS


Council President Lisa M. Borders Presided

PERSONAL PAPERS

RESOLUTION/ADOPTED

09-R-1641 ( 1)             A Resolution by Councilmember Anne Fauver to amend Resolution Number 09-R-0374 so as to correct the address of the Department of Police Zone Five Metropolis Building Mini-Precinct to 933 Peachtree Street, Suite 951; and for other purposes.

Councilmember Fauver made a Motion to Adopt Resolution 09-R-1641.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

RESOLUTIONS/REFERRED

09-R-1642 ( 1)             A Resolution by Councilmember Anne Fauver authorizing the City Attorney to negotiate settlement terms for the lawsuit styled R. Dillon Baynes v. City of Atlanta, Georgia, Civil Action No. 2007-CV-127767, Fulton County Superior Court, with the amount of any payment by the City not to exceed $9,500.00; authorizing the Chief Financial Officer to distribute the final settlement amount; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

09-R-1645 ( 2)             A Resolution by Councilmember Cleta Winslow authorizing the re-employment of City retiree Tracy Curry in the Atlanta Police Department for the City of Atlanta pursuant to §3-505, as amended, of the Charter of the City of Atlanta, to be paid an amount not to exceed $80,231.00 annually from FDOA Number 1001 (General Fund) 240204 (APD Police Administration) 5111001 (Salaries) 3210000 (Activity) Salaries; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-R-1646 ( 3)             A Resolution by Councilmembers Joyce M. Sheperd, C. T. Martin, Kwanza Hall, Jim Maddox, Ceasar C. Mitchell, Mary Norwood, H. Lamar Willis, Cleta Winslow, Natalyn Archibong, Carla Smith, Felicia A. Moore and Ivory Lee Young, Jr. requesting the 111th Congress enact comprehensive, quality, affordable health care legislation for all Americans; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

Council President Lisa M. Borders Presided

PERSONAL PAPERS  (CONT’D)

RESOLUTIONS/REFERRED  (CONT’D)

09-R-1649 ( 4)             A Resolution by Councilmembers C. T. Martin, Howard Shook, Joyce M. Sheperd, Mary Norwood, Ivory Lee Young, Jr., Clair Muller, Anne Fauver and Carla Smith a resolution by the Atlanta City Council asking the Mayor to entertain discussion of the sale of some or all of City owned real property in Dawson County for the purpose of building a water reservoir; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION

ORDINANCES/REFERRED

09-O-1643 ( 1)            An Ordinance by Councilmember Anne Fauver transferring funds from the District 6 Councilmember Expense Account to the Law Department Settlement Account; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1644 ( 2)            An Ordinance by Councilmember Natalyn Mosby Archibong authorizing the Mayor or her designee to rename that portion of Boulevard Drive, SE located between Moreland Avenue, SE and Wylie Street, SE to Hosea L. Williams Drive, SE; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

09-O-1647 ( 3)            An Ordinance by Councilmember Felicia A. Moore to rezone property from I-1 (Light Industrial) to O-I (Office-Institutional), property located at 1192 Foster Street, N.W.  Property fronts approximately 140 feet from the southwest corner of Huff Road.  Depth: varies.  Area: approximately 1.848 acres; Land Lot 150, 17th District, Fulton County, Georgia.  Owner: The Howard School/Winter Properties; Applicant: The Howard School; NPU-D  Council District 9.

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION

09-O-1648 ( 4)            An Ordinance by Councilmembers Felicia A. Moore, Anne Fauver, Howard Shook, Mary Norwood, Joyce M. Sheperd, H. Lamar Willis, Kwanza Hall, Ivory Lee Young, Jr., Natalyn Archibong, Clair Muller, Carla Smith and C. T. Martin to waive the requirements of Section 2-184(b) of the Atlanta City Code of Ordinances so as to permit the extension of the time that R. Roger Bhandari may serve as Acting City Attorney to no later than January 30, 2010; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

Council President Lisa M. Borders Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1650 ( 5)            An Ordinance by Councilmember C. T. Martin to create a new Section 2-45 of the Code of Ordinances of the City of Atlanta, Georgia, located under Chapter 2 (Administration), Article II (Council), Division 1 (Generally), and currently designated as “Reserved,” to be re-designated as “Access to City-Owned or City-Affiliated Parking Facilities by Members of the Atlanta City Council,” so as to provide that members of the Atlanta City Council shall, upon request, be provided with access cards, at no cost to the Council Member, for the purpose of gaining vehicular access to any parking facility owned by the City of Atlanta or any entity affiliated with the City of Atlanta; to waive conflicting ordinances; and for other purposes.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

09-O-1651 ( 6)            An Ordinance by Councilmember C. T. Martin to amend the second paragraph of Section 162-61 (a) (Number Limited; Costs) as contained in Chapter 162 (Vehicles for Hire), Article II (Animal-Drawn Vehicles, Limousines, Taxicabs and Similar Vehicles); Division 2 (CPNC), so as to increase until December 31, 2011, the permissible age of a vehicle that may be operated as a taxicab in the City, from eight (8) years to (10) years; to waive conflicting ordinances; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

09-O-1652 ( 7)            An Ordinance by Councilmember C. T. Martin to amend Chapter 30 (Businesses), Article XXIV (Vending on Private Property), Division 1 (Generally), Section 30-1468 (Athletic and Entertainment Vending) of the Code of Ordinances of the City of Atlanta, Georgia, so as to clarify that an Athletic and Entertainment Vending Permit for a private property vending location is not limited to a two year period; to waive conflicting ordinances; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

09-O-1653 ( 8)            An Ordinance by Councilmember C. T. Martin to amend Subsection (a) of Section 2-1139 (Using Agency Requirements) of Chapter 2 (Administration), Article X (Procurement and Real Estate Code), Division 2 (Chief Procurement Officer), of the Code of Ordinances of the City of Atlanta, Georgia so as to provide that no person employed in the Executive Office of the Mayor shall service as a member of a procurement evaluation team or shall in any way participate in the procurement process; to waive conflicting ordinances; 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-1654 ( 9)            An Ordinance by Councilmember Howard Shook authorizing the Mayor or her designee to set the speed limit on Wieuca Road NE at 30 miles per hour; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION


 

ADJOURNMENT


Council President Lisa M. Borders Presided

ADJOURNMENT

There being no further business to discuss, the September 08, 2009 meeting of the Atlanta City Council was adjourned at 6:47 p.m.

ADJOURNMENT ROLL CALL:  Council President Lisa M. Borders (1); Councilmembers Smith, Winslow, Fauver, Shook, Muller, Moore, Martin, Maddox, Sheperd, Mitchell and Willis (11); Councilmembers Hall, Young, Archibong and Norwood were excused (4).

 

 

Session for 2006


ROLL CALL

Legislative Session Day
Tuesday, September 08, 2009

ATTENDANCE Outcome: ATTENDANCE RCS #:
3240

Total Votes: 16 Yea: 10 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 6 PAR: 0

Yea:
: Archibong, Borders, Fauver, Hall, Martin, Moore, Muller, Sheperd, Shook, Young

Absent:
: Maddox, Mitchell, Norwood, Smith, Willis, Winslow

ATTENDANCE Outcome: ATTENDANCE RCS #:
3241

Total Votes: 16 Yea: 11 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 5 PAR: 0

Yea:
: Archibong, Borders, Fauver, Hall, Martin, Moore, Muller, Sheperd, Shook, Smith, Young

Absent:
: Maddox, Mitchell, Norwood, Willis, Winslow

ATTENDANCE Outcome: ATTENDANCE RCS #:
3242

Total Votes: 16 Yea: 12 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 4 PAR: 0

Yea:
: Archibong, Borders, Fauver, Hall, Maddox, Martin, Moore, Muller, Sheperd, Shook, Smith, Young

Absent:
: Mitchell, Norwood, Willis, Winslow

ATTENDANCE Outcome: ATTENDANCE RCS #:
3243

Total Votes: 16 Yea: 13 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 3 PAR: 0

Yea:
: Archibong, Borders, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Sheperd, Shook, Smith, Young

Absent:
: Norwood, Willis, Winslow


ATTENDANCE Outcome: ATTENDANCE RCS #:
3244

Total Votes: 16 Yea: 14 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Borders, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Sheperd, Shook, Smith, Winslow, Young

Absent:
: Norwood, Willis

ATTENDANCE Outcome: ATTENDANCE RCS #:
3245

Total Votes: 16 Yea: 15 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 1 PAR: 0

Yea:
: Archibong, Borders, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Sheperd, Shook, Smith, Willis, Winslow, Young

Absent:
: Norwood

ATTENDANCE Outcome: ATTENDANCE RCS #:
3246

Total Votes: 16 Yea: 16 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Borders, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis,

Winslow, Young

09-O-1311 AMEND CHAP.114 ART.I SEC.114-2(G) Outcome: PASSED RCS #:
3247

OVERRIDE VETO

Total Votes: 16 Yea: 14 Nay: 1 Not 1 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Hall, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Winslow, Young

Nay:
: Maddox

Not Voting:
: Borders

09-O-0996 AMEND CITY CHARTER BY AMENDING 4-118 Outcome: PASSED RCS #:
3248

ENTITLED SENIOR JUDGE

REMOVE FR.TABLE

Total Votes: 16 Yea: 15 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Winslow,

Young

Not Voting:
: Borders


09-O-0996 AMEND CITY CHARTER BY AMENDING 4-118 Outcome: PASSED RCS #:
3249

ENTITLED SENIOR JUDGE

AMEND1/MOORE1

Total Votes: 16 Yea: 14 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Sheperd, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders, Norwood

09-O-0996 AMEND CITY CHARTER BY AMENDING 4-118 Outcome: PASSED RCS #:
3250

ENTITLED SENIOR JUDGE

AMEND2/WILLIS1

Total Votes: 16 Yea: 14 Nay: 1 Not 1 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Hall, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Winslow, Young

Nay:
: Fauver

Not Voting:
: Borders

09-O-0996 AMEND CITY CHARTER BY AMENDING 4-118 Outcome: PASSED RCS #:
3251

ENTITLED SENIOR JUDGE

ADOPT AS AMEND

Total Votes: 16 Yea: 13 Nay: 2 Not 1 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Fauver, Hall, Maddox, Martin, Mitchell, Muller, Norwood, Sheperd, Shook, Smith, Willis, Winslow, Young

Nay:
: Archibong, Moore

Not Voting:
: Borders

CONSENT I EXCEPT 09-O-1407,09-O-0544,09-R-0935 09-R- Outcome: PASSED RCS #:
3252

ADOPT

Total Votes: 16 Yea: 14 Nay: 0 Not 1 Excused: 1 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Excused:
: Hall

09-R-1505 SEND TO MAYORS OFFICE POST HASTE Outcome: PASSED RCS #:
3253

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 2 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders

Excused:
: Hall, Winslow


CONSENT II Outcome: PASSED RCS #:
3254

REFER

Total Votes: 16 Yea: 12 Nay: 0 Not 1 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Fauver, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders

Excused:
: Archibong, Hall, Winslow

09-O-0544 AMEND CHAP.22 ART.III DIV.7 SEC.2-202 OF Outcome: PASSED RCS #:
3255

THE CODE OF ORDINANCES

REFER TRANS.

Total Votes: 16 Yea: 12 Nay: 0 Not 1 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Fauver, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders

Excused:
: Archibong, Hall, Winslow

MULTIPLE 06-O-2308,09-O-1304 Outcome: PASSED RCS #:
3256

VETO

Total Votes: 16 Yea: 11 Nay: 0 Not 2 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders, Fauver

Excused:
: Archibong, Hall, Winslow

09-O-1305 1635-1639 CAMPBELLTON ROAD SPECIAL USE Outcome: PASSED RCS #:
3257

PERMIT FOR A DAYCARE CENTER

FILE

Total Votes: 16 Yea: 11 Nay: 0 Not 2 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders, Fauver

Excused:
: Archibong, Hall, Winslow


09-TR-1516 REPORT OF CFO TO TRANSFER Outcome: PASSED RCS #:
3258

APRROP.FR.ONE LINE ITEM TO ANOTHER

FILE

Total Votes: 16 Yea: 12 Nay: 0 Not 1 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Fauver, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders

Excused:
: Archibong, Hall, Winslow

MULTIPLE 08-O-1546,09-O-1101,09-O-1376 Outcome: PASSED RCS #:
3259

FILE

Total Votes: 16 Yea: 12 Nay: 0 Not 1 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Fauver, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders

Excused:
: Archibong, Hall, Winslow

09-O-1220 AUTH.CFO TO ESTABLISH AN ACCOUNT FOR Outcome: PASSED RCS #:
3260

THE FUNDS FR. COMCAST

AMEND1/MARTIN1

Total Votes: 16 Yea: 11 Nay: 1 Not 1 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Nay:
: Fauver

Not Voting:
: Borders

Excused:
: Archibong, Hall, Winslow

09-O-1220 AUTH.CFO TO ESTABLISH AN ACCOUNT FOR Outcome: PASSED RCS #:
3261

THE FUNDS FR. COMCAST

ADOPT AS AMEND

Total Votes: 16 Yea: 12 Nay: 0 Not 1 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Fauver, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders

Excused:
: Archibong, Hall, Winslow


09-O-1367 AUTH.MAYOR TO EXECUTE A LEASE W/ACP Outcome: PASSED RCS #:
3262

PEACHTREE CENTER LLC

BRING SUB FWD

Total Votes: 16 Yea: 12 Nay: 0 Not 1 Excused: 3 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Fauver, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Young

Not Voting:
: Borders

Excused:
: Archibong, Hall, Winslow

PROCEDURE ENTER COMMITTEE AS A WHOLE Outcome: PASSED RCS #:
3263

Total Votes: 16 Yea: 11 Nay: 3 Not 1 Excused: 1 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Martin, Mitchell, Muller, Norwood, Sheperd, Willis, Young

Nay:
: Moore, Shook, Smith

Not Voting:
: Borders

Excused:
: Winslow

PROCEDURE RETURN TO REGULAR SESSION Outcome: PASSED RCS #:
3264

Total Votes: 16 Yea: 13 Nay: 0 Not 3 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Winslow, Young

Not Voting:
: Borders, Smith, Willis

09-O-1367 AUTH.MAYOR TO EXECUTE A LEASE W/ACP Outcome: FAILED RCS #:
3265

PEACHTREE CENTER LLC

REFER FINANCE

Total Votes: 16 Yea: 3 Nay: 10 Not 3 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Hall, Martin, Moore

Nay:
: Archibong, Fauver, Maddox, Mitchell, Muller, Norwood, Sheperd, Shook, Winslow, Young

Not Voting:
: Borders, Smith, Willis

09-O-1367 AUTH.MAYOR TO EXECUTE A LEASE W/ACP Outcome: PASSED RCS #:
3266

PEACHTREE CENTER LLC

ADOPT

Total Votes: 16 Yea: 12 Nay: 3 Not 1 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Maddox, Mitchell, Muller, Norwood, Sheperd, Shook, Smith, Willis, Winslow, Young

Nay:
: Hall, Martin, Moore

Not Voting:
: Borders


09-O-1120 SEND TO MAYORS OFFICE POST HASTE Outcome: PASSED RCS #:
3267

Total Votes: 16 Yea: 12 Nay: 1 Not 3 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Maddox, Mitchell, Moore, Muller, Sheperd, Shook, Smith, Willis, Winslow, Young

Nay:
: Hall

Not Voting:
: Borders, Martin, Norwood

09-O-1406 AMEND CITY CHARTER TO CREATE NEW Outcome: PASSED RCS #:
3268

SECTION 6-312 ENTTILED STABILIZATION

ADOPT/REFER

Total Votes: 16 Yea: 14 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Sheperd, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders, Norwood

09-R-1512 AUTH.MAYOR TO EXECUTE CONTRACT Outcome: PASSED RCS #:
3269

W/UNIVER- SAL TENNIS MANAGEMENT LLC

BRING SUB FWD

Total Votes: 16 Yea: 12 Nay: 0 Not 4 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Hall, Maddox, Martin, Mitchell, Moore, Muller, Sheperd, Shook, Smith, Winslow, Young

Not Voting:
: Borders, Fauver, Norwood, Willis

09-R-1512 AUTH.MAYOR TO EXECUTE CONTRACT Outcome: PASSED RCS #:
3270

W/UNIVER- SAL TENNIS MANAGEMENT LLC

ADOPT ON SUB

Total Votes: 16 Yea: 15 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Winslow,

Young

Not Voting:
: Borders

09-C-1369 REAPPOINT.ROBIN LOUDERMILK JR.TO Outcome: PASSED RCS #:
3271

SERVE ON BUCKHEAD COMM.IMPROVEMENT

CONFIRM

Total Votes: 16 Yea: 15 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 0 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Martin, Mitchell, Moore, Muller, Norwood, Sheperd, Shook, Smith, Willis, Winslow,

Young

Not Voting:
: Borders


09-O-1541 AMEND 2001 PRECINCT&POLLING PLACES IN Outcome: PASSED RCS #:
3272

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