Tuesday, September 29, 2009

ATLANTA CITY COUNCIL

ACTION/MINUTES

SEPTEMBER 21, 2009

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

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

Attendance:

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

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

Councilmember Jim Maddox was absent.

INVOCATION: Chaplain Thomas Houston of the Atlanta Fire and Rescue gave the invocation.

PLEDGE OF ALLEGIANCE: In unison, lead by Councilmember Ceasar C. Mitchell, 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 September 08, 2009 Regular Meeting are true and correct.  The Minutes were FILED without objection.

COMMUNICATIONS

Council President Lisa M. Borders Presided

COMMUNICATIONS

09-C-1655 ( 1)             A Communication by Chief Procurement Officer Adam L. Smith submitting the September 2009 Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.

FILED WITHOUT OBJECTION

09-C 1656 ( 2)             A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson appointing Mr. William McFarland to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This appointment is for a term of two (2) years to begin retroactive on May 1, 2009. 

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-C-1657 ( 3)             A Communication from Mark Massey, Clerk to the Fulton County Board of Commissioners, to Council President Lisa M. Borders submitting the Fulton County Board of Commissioners' appointment of Ms. Dottie M. Sabre (Position 4) 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.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

VETOED LEGISLATION

Council President Lisa M. Borders Presided

VETOED LEGISLATION

NONE

UNFINISHED BUSINESS

Council President Lisa M. Borders Presided

UNFINISHED BUSINESS

08-O-1760 ( 1)            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. 

Councilmember Moore made a Motion to remove Ordinance 08-O-1760 and Resolutions 09-R-0935 and 09-R-0936 from the Table.  It was Seconded by Councilmember Muller and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.  All three (3) items were before Council.  Following, Vice-Chairperson Martin sounded the caption to Ordinance 08-O-1760 a made a Motion to Adopt on Substitute.  A discussion ensued, during which, Councilmember Moore offered Amendment #1/#1 to reflect ten (10) judges, instead of eight (8) wherever it appears in the legislation.  It was properly Seconded and an extensive discussion ensued.  During discussion, Chairperson Winslow made a substitute Motion to Refer 08-O-1760 back to the Public Safety and Legal Administration Committee.  It was properly Seconded and discussion continued, in which, Ms. Winslow withdrew her Motion and the Second by Councilmember Muller was withdrawn as well.  After which, Moore offered Amendment #1/#1 which added additional language so that the Amendment would reflect the number of judges to ten (10) everywhere it appears in the legislation and change the date from July 01, 2009 to September 21, 2009.  The Moore Amendment #1/#1 then CARRIED by a roll call vote of 12 yeas; 0 nays.  Subsequently, Chairperson Winslow made a Motion to Adopt as Amended and 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

Council President Lisa M. Borders Presided

UNFINISHED BUSINESS  (CONT’D)

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

09-R-0935 ( 2)             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 Seven Million Six Hundred Ninety-Seven Thousand Two Hundred Twenty-Seven Dollars and Fifty Cents ($7,697,227.50): all contracted work shall be charged to and paid from Project Award Task Expenditure and Organization Number 17102445.103.506621876.5414002 and Fund Department Organization and Account Number 5066 (2009A Water and Wastewater Bond) 170215 (Wastewater Sewer Repair) 5414002 (Facilities other than Bldgs/Infrastructure – CIP) 4333000 (New Sewer Service); and for other purposes. 

Councilmember Moore made a Motion to remove Ordinance 08-O-1760 and Resolutions 09-R-0935 and 09-R-0936 from the Table.  It was Seconded by Councilmember Muller and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.  All three (3) items were before Council.  After Ordinance 08-O-1760 was acted on, Chairperson Smith was recognized and made a Motion to Table both Resolutions 09-R-0935 and 09-R-0936 for a time certain until the Regularly Scheduled meeting of October 19, 2009.  It was properly seconded and Chairperson Smith then sounded the captions to the resolutions.  After which, a discussion ensued, during which, Chairperson Smith withdrew her Motion to Table and the Second was withdrawn likewise.  Mrs. Smith then made a Motion to Refer 09-R-0935 and 09-R-0936 back to the City Utilities Committee.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

09-R-0936 ( 3)             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 Seven Million Nine Hundred Eighty-Six Thousand Seven Hundred Sixty-One Dollars and Sixty Cents ($7,986,761.60); all contracted work shall be charged to and paid from Project Award Task Expenditure and Organization Number 17102445.103.506621876.5414002 and Fund Department Organization and Account Number 5066 (2009A Water and Wastewater Bond) 170215 (Wastewater Sewer Repair) 5414002

Council President Lisa M. Borders Presided

UNFINISHED BUSINESS  (CONT’D)

09-R-0936 ( 3)             (Facilities other than Bldgs/Infrastructure – CIP) 4333000 (New

(Cont’d)                       Sewer Service); and for other purposes.

Councilmember Moore made a Motion to remove Ordinance 08-O-1760 and Resolutions 09-R-0935 and 09-R-0936 from the Table.  It was Seconded by Councilmember Muller and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.  All three (3) items were before Council.  After Ordinance 08-O-1760 was acted on, Chairperson Smith was recognized and made a Motion to Table both Resolutions 09-R-0935 and 09-R-0936 for a time certain until the Regularly Scheduled meeting of October 19, 2009.  It was properly seconded and Chairperson Smith then sounded the captions to the resolutions.  After which, a discussion ensued, during which, Chairperson Smith withdrew her Motion to Table and the Second was withdrawn likewise.  Mrs. Smith then made a Motion to Refer 09-R-0935 and 09-R-0936 back to the City Utilities Committee.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

RERFERRED SUBSTITUTE TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 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-R-1632, 09-R-1633, 09-R-1634, 09-R-1635, 09-R-1636, 09-R-1513 and 09-R-1565 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 original vote of Consent Agenda Section I was by a roll call vote of 13 yeas; 0 nays; however, Councilmember Hall made a Motion to Reconsider Consent Agenda Section I.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.  Consent Agenda Section I was before the Council.  Councilmember Hall then removed Resolution 09-R-1565 to record his abstention vote.  Following, Consent Agenda Section I was CARRIED by a roll call vote of 13 yeas; 0 nays.

The following CONSENT AGENDA SECTION I received a Favorable Recommendation and was Adopted in accordance with Section 11.2 by the following roll call vote: 13 Yeas: Councilmembers Smith, Hall, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Martin, Sheperd, Norwood and Willis; 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-O-1381 ( 1)            An Ordinance by Councilmember Anne Fauver as Substituted and Amended by Finance/Executive Committee transferring Funds from the District 6 Councilmember Expense Accounts to Park Pride on behalf of the Virginia-Highland Conservancy for the Renovation of Orme Park; and for other purposes.

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

09-O-1425 ( 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 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.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-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.

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

09-O-1515 ( 4)            A Substitute Ordinance by Finance/Executive Committee as Amended to anticipate and appropriate revenue payments from Universal Tennis Management 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.

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

09-O-1643 ( 5)            An Ordinance by Councilmember Anne Fauver as Substituted by Finance/Executive Committee transferring funds from the District 6 Councilmember Expense Account to the Law Department Settlement Account; and for other purposes.

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

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-1396 ( 6)            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.  (Public Hearing held on 9/14/09.)

NPUs X & Z                            Council District 12

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1413 ( 7)            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.  (Public Hearing held on 9/14/09.)

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

09-O-1414 ( 8)            An Ordinance by Community Development/Human Resources Committee to create the “Vertical Properties Commercial Urban Enterprise Zone”, located at 1599 Memorial Drive, in the 15^th 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.  (Public Hearing held on 9/14/09.)

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

09-O-1416 ( 9)            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.  (Public Hearing held on 9/14/09.)

NPUs X & Z                            Council District 12

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

09-O-1500 (10)           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.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1501 (11)           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.

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

09-O-1502 (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 $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.

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-O-1499 (13)           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.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-O-1648 (14)           An Ordinance by Councilmembers Felicia A. Moore, C. T. Martin, H. Lamar Willis, Ivory L. Young, Jr., Kwanza Hall, Natalyn M. Archibong, Joyce Sheperd, Howard Shook, Clair Muller, Carla Smith, Anne Fauver and Mary Norwood as Substituted by Public Safety and Legal Administration Committee to waive the requirements of Section 2-184(b) of the Atlanta City Code of Ordinances so as to permit the extension of time that R. Roger Bhandari may serve as Acting City Attorney to no later than January 30, 2010; and for other purposes.

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

09-O-1652 (15)           An Ordinance by Councilmember C. T. Martin to amend Chapter 30 (Businesses), Article XXIV (Vending on Private Property), Divisions 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.

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

RESOLUTIONS

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

09-R-1513 ( 1)             A Resolution by Finance/Executive Committee authorizing the Mayor to execute an Intergovernmental Agreement with the McPherson Planning Local Redevelopment Authority, Inc.; to allow the City to accept the services of consultants to augment the efforts of City staff in the re-zoning of Fort McPherson; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1565 ( 2)             An Amended Resolution by Finance/Executive Committee authorizing the City of Atlanta (“CITY”) to endorse a letter to U. S. Representatives in support of proposed amendments to Federal legislation reauthorizing the Environmental Protection Agency (“EPA”) Brownfields Program and amending the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) to provide for greater clarity and a higher level of protection for public entities when they acquire contaminated land; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

09-R-1632 ( 3)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Atlanta Services Group for FC-4906B, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1633 ( 4)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Arcadis/Brindley Pieters & Associates, Inc., Joint Venture for FC-4906A, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

09-R-1634 ( 5)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with BGR Joint Venture Office for FC-4906C, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

09-R-1635 ( 6)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Brown and Caldwell, Inc./Delon Hampton & Associates, Charted, a Joint Venture for FC-4906D, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

09-R-1636 ( 7)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with JP2 (Jacobs, Prad, PBS&J) for FC-4906E, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

09-R-1637 ( 8)             A Substitute Resolution by Finance/Executive Committee to authorize the Mayor or her designee to enter into Radio License Agreements with the Georgia Institute of Technology, Georgia State University and the Police Foundation to permit them to utilize the City of Atlanta’s 800 MHz Digital Astro P25 Radio Communications Network for their Two-Way Radio Public Safety Communications; to permit the Police Foundation to utilize the Comnet System to expand our radio communication network and promote safer business districts.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 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-1638 ( 9)             A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment Agreement Number 3 for FC-6005007906, Citywide Pest Control with Orkin, Inc. on behalf of the Executive Offices-Office of Enterprise Assets Management, to add site and funding for the Department of Watershed Management-Bureau of Engineering-Facilities Design Group in an amount not to exceed $5,000.00.  All contracted work shall be charged to and paid from 5052 (Water and Wastewater Renewal Fund), 170305 (DWM Watershed Facility-Engineering) 5212001 (Consulting/Professional), 4240000 (Tunnels).

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

09-R-1639 (10)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment Number 5 with A-Action Janitorial Service, Inc. for FC-7665-04A, Citywide Janitorial Services on behalf of the Executive Offices-Office of Enterprise Assets Management, to add the site and funding for the Department of Watershed Management-Bureau of Engineering-Facilities Design Group in an amount not to exceed $10,000.00.  All contracted work shall be charged to and paid from 5052 (Water and Wastewater Renewal Fund), 170305 (DWM Watershed Facility-Engineering) 5212001 (Consulting/Professional), 4240000 (Tunnels); and for other purposes.

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

09-R-1640 (11)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to access contracting opportunities from the State of California’s Fast Open Contracts Utilization Services; and for other purposes.

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

09-R-1645 (12)            A Resolution by Councilmember Cleta Winslow as Amended by Finance/Executive Committee 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) 240201 (APD Police Administration) 5111001 (Salaries) 3210000 (Activity) Salaries; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

09-R-1546 (13)            A Resolution by City Utilities Committee authorizing the Mayor to execute a contract with CP Richards Construction, Inc., for FC-4943A, Annual Contract to Construct, Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $719,044.40 with all contracted work being charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

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

09-R-1547 (14)            A Resolution by City Utilities Committee authorizing the Mayor to execute a multiple contract with Kemi Construction, Inc., for FC-4943B, Annual Contract to Construct, Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $601,666.00 with all contracted work being charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

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

09-R-1548 (15)            A Resolution by City Utilities Committee authorizing the Mayor to execute a contract with Precision 2000, Inc., for FC-4943C, Annual Contract to Construct, Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $1,526,681.67 with all contracted work being charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

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

09-R-1549 (16)            A Resolution by City Utilities Committee authorizing the Mayor to execute a contract with SD&C, Inc., for FC-4943D, Annual Contract to Construct, Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $1,509,810.62 with all contracted work being charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1550 (17)            A Resolution by City Utilities Committee authorizing the Mayor to execute a contract with Tople Construction, Inc., for FC-4943E, Annual Contract to Construct, Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $1,537,098.00 with all contracted work being charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

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

09-R-1552 (18)            An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into a Contract Item Agreement with the State of Georgia Department of Transportation for Construction of Water System Improvements in conjunction with construction of the 14^th Street Bridge Improvement Project in an amount not to exceed $190,240.23; all contracted work shall be charged to and paid from PTAEO Number and Fund, Department Organization and Account Number listed; and for other purposes.

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

09-R-1553 (19)            A Resolution by City Utilities Committee authorizing the Mayor to execute Amendment Agreement No. 5 with Stewart Bros., Inc., for FC-3005007849A, Annual Asphalt Resurfacing and Milling Contract, on behalf of the Department of Public Works, in an amount not to exceed $221,533.91 with all contracted work being charged to and paid from Fund Department and Account Numbers and PTAEO listed; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1554 (20)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 8 for FC-6004007863, Customer Information and Billing System and Off-Site Billing Services, with Systems and Software, Inc. (“S&S”) for mobile devices to increase functionality for the Billing and Inspection Division to automate the work order process on behalf of the Department of Watershed Management to increase funding in an amount not to exceed $305,000.00; all contracted work shall be charged to and paid from 5051 (Water and Wastewater Renewal Fund) 170506 (DWM Technical Support) 5212001 (Consulting/Professional Services) 1535000 (Data Processing/Management Information/Additional Licenses); and for other purposes.

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

09-R-1555 (21)            A Resolution by City Utilities Committee to correct Resolution Number 09-R-1231 adopted by the City Council on July 20, 2009 and approved by the Mayor on July 28, 2009 by deleting the incorrect Award Number listed in the Project Task Award Expenditure and Organization (“PTAEO”) Number and inserting in lieu thereof the correct Award Number; and for other purposes.

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

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-R-1557 (22)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a Contractual Agreement with Kissberg Construction, Inc., for FC-4890, Old Adamsville Gym Renovation on behalf of the City of Atlanta, in an amount not to exceed $834,190.00; all funds will be charged to and paid from the Account Segment/PTAEO Numbers identified in the resolution on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1510 (23)            A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of EMC Insurance Company v. The City of Atlanta (by and through its duly elected representative) Mayor Shirley Franklin, et al., Civil Action File No. 2008VE005555F, in the amount of $20,000.00; authorizing said payment to be charged to and paid from Fund 5051 (Watershed & Wastewater Fund) Account 170201 (DWM Wastewater Treatment & Collections) 5750002 (Property/Liquidation) 4310000 (Sanitary Administration); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

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

09-R-1511 (24)            A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of Rhamay Grimmett v. COA, et al., Civil Action File Number 1:07-CV-03050-TCB, United States District Court, Northern District of Georgia, Atlanta

Division, in the amount of $45,000.00 to be charged to and paid from Fund 1001 (General Fund), Account 5212005 (Litigation Expense) Center Number 200101 (Non-Departmental), 1512000 (Functional Activity), and authorizing payment of $45,000.00 to his attorney, Jan P. Cohen, Esq., Weinstock & Scavo, P.C.; authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

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

09-R-1563 (25)            A Substitute Resolution by Public Safety and Legal Administration Committee authorizing the Mayor, on behalf of the Department of Police, to execute Temporary Service Contracts with thirty-one (31) retired City of Atlanta (“City”) Police Officers, for the purpose of providing Professional Security Services at the Atlanta Public Safety Headquarters and the Atlanta Public Safety Annex, for a period of fourteen (14) months in FY2010 and FY2011, for a total amount not to exceed $624,975.00; all costs to be charged to Account Number 1001.240202.5212001.3260000.000000.0000; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-R-1564 (26)            A Resolution by Public Safety and Legal Administration Committee amending Resolution Number 09-R-1132 so as to correct the amount of the damages contained in said Resolution from $1,910.86 to $1,000.00 in settlement of the claim of Mary C. and Carly M. Franze against the City of Atlanta; and for other purposes.

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

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-R-1551 (27)            A Resolution by Transportation Committee authorizing the Mayor to execute a Memorandum of Understanding with the Georgia Department of Transportation (GDOT) and Atlanta Public Schools (APS) for the Morningside Elementary School Safe Route to School Project; and for other purposes.

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

09-R-1626 (28)            A Resolution by Transportation Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Johnson Controls, Inc., for FC-6006007928, Maintenance and Service Support for Public Safety System, on behalf of the Department of Aviation, in an amount not to exceed $1,385,000.00; all contracted work will be charged to and paid from Fund, FDOA 5501 (Airport Revenue Fund) 180313 (Aviation Security) 5213001 (Consulting/Professional Services, Technical) 7563000 (Airport); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1627 (29)            A Resolution by Transportation Committee authorizing the Mayor to enter into an Agreement with Kirila Fire Training Facilities, Inc. in an amount not to exceed $240,000.00, for the Operation and Maintenance of the Atlanta Airport Rescue and Fire Training Facility at Hartsfield-Jackson Atlanta International Airport.  All services will be charged to and paid from FDOA: 5501 (Airport Revenue Fund) 180303 (DOA Aviation Maintenance-Terminal) 5212001 (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 13 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

09-R-1566 ( 1)             Claim of Antakristy Searcy, through her attorney, Joel M. Baskin, PC, for bodily injuries alleged to have been sustained from an automobile accident on March 29, 2009 at 1935 Alison Court, SW.                                                                               $9,960.00

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

09-R-1567 ( 2)             Claim of Tiffany Williams, through her attorney, Joel M. Baskin, PC, for bodily injuries alleged to have been sustained from an automobile accident on March 29, 2009 at 1935 Alison Court, SW.                                                                               $8,690.00

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

09-R-1568 ( 3)             Claim of Anthony Taylor, through his attorney, Fred Lerner, for damages alleged to have been sustained as a result of an automobile accident on February 24, 2009 at Ralph David Abernathy Boulevard and Cooper Street.                                $4,500.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1569 ( 4)             Claim of Salena Epps-Jackson, for damages alleged to have been sustained as a result of an automobile accident on July 31, 2009 at Interstate 285 East at Clark Howell Highway.                                                                                                $4,251.73

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

09-R-1570 ( 5)             Claim of Allstate Insurance Company, as subrogee of Debra Stovall, for vehicular damages alleged to have been sustained from an automobile accident on June 3, 2009 at Cottage Avenue and Rockyford Road, NE.                                                       $4,178.86

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

09-R-1571 ( 6)             Claim of Khoury Alternative Claim Management, as subrogee of Triangle Rent-a-Car, for damages alleged to have been sustained as a result of a vehicular accident on January 3, 2009 at Monroe Drive and Elmwood Drive.                                         $3,781.28

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

09-R-1572 ( 7)             Claim of Tony Rooney, for damages alleged to have been sustained as a result of a sewer backup in November 2006 at 851 Arlington Place, NE.          $3,734.00

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

09-R-1573 ( 8)             Claim of Christina Nixon, for damages alleged to have been sustained as a result of a vehicular accident on July 17, 2009 at 1564 DeKalb Avenue.                $3,066.63

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

09-R-1574 ( 9)             Claim of Mary Moss, for damages alleged to have been sustained as a result of walking on an uncovered construction cut on September 24, 2008 at 588 James P. Brawley Drive.  $2,900.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1575 (10)            Claim of Doris Woods, for damages alleged to have been sustained as a result of a sewer backup on March 14, 2009 at 610 Alex Way, SW.                  $2,330.00

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

09-R-1576 (11)            Claim of Leon A. Johnson, for damages alleged to have been sustained as a result of a water meter leak on June 17, 2009 at 2107 Martin Luther King, Jr. Drive, SW.        $2,878.00

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

09-R-1577 (12)            Claim of Vivian Redding, through her attorney, Amjad Ibrahim, for damages alleged to have been sustained as a result of a vehicular accident on January 12, 2009 at 1265 Lee Street.                                                                                                $1,818.66

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

09-R-1578 (13)            Claim of Allstate, as subrogee of Job Jordan, for damages alleged to have been sustained as a result of an automobile accident on June 22, 2009 at 3140 Campbellton Road, SW.  $1,624.16

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

09-R-1579 (14)            Claim of Jemal Gelchu, for damages alleged to have been sustained as a result of an automobile accident on June 22, 2009 at Virginia Avenue and South Central Avenue.                                                                                                $1,198.81

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

09-R-1580 (15)            Claim of Gerard Najour, for damages alleged to have been sustained as a result of a sewer backup on October 3, 2008 at 1118 Virginia Avenue.             $1,148.85

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1581 (16)            Claim of Malcolm McBride, for damages alleged to have been sustained as a result of driving over a pothole on July 29, 2009 at Casanova Street and Funston Street.         $1,041.98

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

09-R-1582 (17)            Claim of Georgia Power, for damages alleged to have been sustained during the repair of a tail piece leak on June 19, 2009 at 9605 Huntcliff Trace.             $959.25

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

09-R-1583 (18)            Claim of Kenneth Brown, for damages alleged to have been sustained as a result of striking an unsecured sewer manhole lid on July 27, 2009 at 1097 Harwell Road, NW.   $846.82

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

Claims with unfavorable recommendations:

09-R-1584 (19)            Claim of Humberto Cardenas, and his wife, Erica Ferreirah, through their attorney, Clark H. McGehee, for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1585 (20)            Claim of Rafael A. Rios, through his attorney, William A. Parker, Jr., for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1586 (21)            Claim of Eusebia Lopez Carbajal, spouse and Saul Chupin Lopez, Aracely Chupin Lopez, Irene Chupin Lopez, Selena Chupin Lopez, Victor Daniel Chupin Lopez, Maria Guadalupe, Aquiles Chupin Lopez, Roberta Chupin Lopez, Rosario Chupin Lopez, Angel Chupin Lopez, children, through their attorney, Peter A. Law, for damages alleged to have been sustained as a result of the death of Angel Chupin due to the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1587 (22)            Claim of Fernando Sanchez & his wife, Susie Sanchez; Daniel Ortiz and Jose Ortiz, through their attorney, James A. Rice, Jr., for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1588 (23)            Claim of Ruben Alonzo and his wife, Dilsiade Alonzo, through their attorney, Clark H. McGehee, for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1589 (24)            Claim of Adelfino Zuniga, through his attorney, Preyesh K. Maniklal, for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1590 (25)            Claim of Tracey Langston, through his attorney, Charles McAleer, for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1591 (26)            Claim of Anthony Baker, through his attorney, Joseph A. Fried, for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1592 (27)            Claim of Erasmo Alonzo, and his wife, Gloria Alonzo, through their attorney, Clark H. McGehee, for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1593 (28)            Claim of Tony Stovall, through his attorney, Steven Hart, for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1594 (29)            Claim of Ravie Langston, through his attorney, Charles McAleer, for damages alleged to have been sustained as a result of the collapse of the canopy walk on December 19, 2008 at the Atlanta Botanical Gardens.

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

09-R-1595 (30)            Claim of State Farm Insurance Companies, as subrogee 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 13 YEAS; 0 NAYS

09-R-1596 (31)            Claim of State Farm Insurance Companies, as subrogee 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 13 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-1597 (32)            Claim of Tim D. Shultz, for damages alleged to have been sustained as a result of a sewer backup on January 8, 2009 at 3733 Peachtree Road Apartment A-5.

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

09-R-1598 (33)            Claim of Scott A. Moller, for damages alleged to have been sustained as a result of striking a construction cut on July 12, 2009 at 3541 Roswell Road.

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

09-R-1599 (34)            Claim of Albert Jones, through his attorney, Sam Starks, for damages alleged to have been sustained as a result of a series of sewer backups between December 17, 2008 and January 28, 2009 at 149 Peyton Place, SW.

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

09-R-1600 (35)            Claim of Reginald A. Smith, Sr., for damages alleged to have been sustained as a result of striking a metal plate on March 30, 2009 at 69 East Lake Terrace and Cottage Grove.

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

09-R-1601 (36)            Claim of Shajuna Miles-Mott, for damages alleged to have been sustained as a result of striking a pothole on April 1, 2009 at Boulder Park Drive and Cushman Circle.

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

09-R-1602 (37)            Claim of Patricia Ann Sullivan, for damages alleged to have been sustained as a result of an automobile accident on January 31, 2009 at Ralph David Abernathy Boulevard, SW and Central Avenue, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1603 (38)            Claim of Joshua Arnold, for damages alleged to have been sustained as a result of an automobile accident on May 20, 2009 at 981 Forrest Drive.

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

09-R-1604 (39)            Claim of Mary Snopek, for damages alleged to have been sustained as a result of driving over a pothole on April 11, 2009 at the entrance ramp to Interstate 20 at Lee Street.

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

09-R-1605 (40)            Claim of Lakeysha Russell, on behalf of minor, Ashanti Russell, for damages alleged to have been sustained as a result of a trip and fall on March 13, 2009 at Dodson Drive and Campbell Road.

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

09-R-1606 (41)            Claim of Gail White, for damages alleged to have been sustained as a result of walking on an uncovered  water meter box on January 9, 2009 at Fairburn Road.

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

09-R-1607 (42)            Claim of Patcher Jenkins, for damages alleged to have been sustained as a result of driving over a pothole on January 9, 2009 at 10^th Street near Dalney Street.

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

09-R-1608 (43)            Claim of R. Kim Taratoot, for damages alleged to have been sustained as a result of driving over a pothole on January 7, 2009 at 10^th Street at Center Street.

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

09-R-1609 (44)            Claim of Delores Jefferson, for damages alleged to have been sustained as a result of walking onto an uncovered water mater on March 10, 2009 at 697 Bear Trail, Fairburn.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1610 (45)            Claim of Allstate, as subrogee of Gladys Noland, for damages alleged to have been sustained as a result of an automobile accident on December 20, 2008 at 1163 Metropolitan Parkway, SW.

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

09-R-1611 (46)            Claim of Ciji Holloway, through her attorney, William A. Tiku, for damages alleged to have been sustained as a result of an automobile accident on December 26, 2008 at University Avenue and McDaniel Street.

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

09-R-1612 (47)            Claim of Louis E. Vega, for damages alleged to have been sustained during a sewer construction project on February 2, 2009 at 703 Penn Avenue.

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

09-R-1613 (48)            Claim of Glen Lee Smith, for damages alleged to have been sustained as a result of a water main break on January 21, 2008 at 4730 Kitty Hawk Drive.

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

09-R-1614 (49)            Claim of Gregory Kohl, for damages alleged to have been sustained as a result of an automobile accident on August 15, 2008 at 1169 West Peachtree Street.

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

09-R-1615 (50)            Claim of Lisa Lester, for damages alleged to have been sustained as a result of a broken water line on February 13^th thru 15^th, 2009 at 211 Winter Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 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-1616 (51)            Claim of Jean Cooper, for damages alleged to have been sustained as a result of being struck by a Herbie-Curbie on December 16, 2008 at 640 Grant Street.

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

09-R-1617 (52)            Claim of Lorene Cameron, for damages alleged to have been sustained during a street resurfacing project on February 10, 2009 at 805 Durant Place, NE.

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

09-R-1618 (53)            Claim of Robin Sturdivant, for damages alleged to have been sustained as a result of a sewer backup on October 22, 2008 at 757 Center Hill Avenue.

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

09-R-1619 (54)            Claim of Agu Iheke, for damages alleged to have been sustained as a result of striking a raised sewer manhole on May 21, 2009 at 89 Chapel Street, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 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 – 17) were taken as a collective vote

09-O-1630 ( 1)            An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive the Payment Provisions contained in the City of Atlanta Code of Ordinances Article X Procurement and Real Estate Code, to ratify the prior provision of the Kronos Incorporated Time and Attendance System Maintenance and Support from April 28, 2009 to present and, utilize Georgia Technology Authority Contract #GTA000144 to purchase the Maintenance and Support Agreement for one year with two (2) one-year Renewal Options in an amount not to exceed $386,000.00; all funds to be charged to and paid from Fund, Department, Organization, and Account Numbers 1001 (General Fund) 050202 (IT Applications) 5410001 (Consultant Professional Services-Capital) 1535000 (DATA Processing/Management Information Systems); and for other purposes.

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

09-O-1631 ( 2)            An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive the Application of the Atlanta City Code, Article X, The Procurement and Real Estate Code, and authorizing the Mayor or her designee to ratify the prior provision of the Motorola Maintenance under the Expired Agreement from July 1, 2009 through the present and to enter into an appropriate Renewal Agreement with Motorola, Inc., for the Citywide Radio System Maintenance, effective July 1, 2009 through June 30, 2010, on behalf of the Department of Information Technology, in an amount not to exceed $272,646.60; all contracted work shall be charged to and paid from Fund, Department, Organization, and Account Numbers: 2151 (Emergency Telephone System) 240207 (APD E-911) 5213001 (Consulting/Professional) 3800000 (E-911) [$182,728.56]; 5051 (Water & Wastewater Revenue Fund) 170407 (DWM Drinking Water Facility Maintenance) 5222003 (Repair & Maintenance-Other) 443000 (Treatment)[$23,617.74]; 5051 (Water & Wastewater Revenue Fund) 170201 (DMW Wastewater Treatments and Collections) 5222002 (Repair & Maintenance-Other) 4310000 (Sanitary Administration) [$23,617.74]; 5502 (Airport Renewal Fund) 180107 (DOA Aviation Information

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-1631 ( 2)            Systems) 5222002 (Repair & Maintenance-Equipment) 7563000

(Cont’d)                       (Airport) [$89,918.04]; and for other purposes.

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

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

09-O-1543 ( 3)            An Ordinance by City Utilities Committee authorizing the acceptance of certain new sanitary sewer utility easements in exchange for the abandonment of certain sanitary sewer utility easements that no longer serve a public purpose (“Easement Exchange”); authorizing the abandonment of certain sanitary sewer and/or storm water utility easements of portion thereof when those easements no longer serve a public purpose (“Easement Abandonment”); authorizing the Mayor or her designee to execute all appropriate legal documents and instruments for an easement abandonment or easement exchange, said easement exchange or easement abandonment being limited to those projects required by the Consent Decrees; and for other purposes.

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

09-O-1544 ( 4)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (2009A Water and Wastewater Bond Fund-5066) in the amount of $18,500,000.00 to transfer funds from the Capital Projects Reserve (5066) for Appropriations and to add to appropriation funds for the Sewer Group 5 & 6 SSES Project; and for other purposes.

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

09-O-1545 ( 5)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (Renewal & Extension Water and Wastewater Fund-5052) in the amount of $9,568,524.00 to transfer funds from the General Reserve (5052) for Appropriations and to add to appropriation funds for the Water Tank Painting & Structural Repair Project; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 13 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-1556 ( 6)            An Ordinance by Community Development/Human Resources Committee authorizing the Mayor or her designee to implement a Grant Program promoting Tree Planting on Private Property and Public Property located in the City of Atlanta; where the total cost of the Grant Program shall not exceed $130,000.00 and shall be paid from Fund, Account, and Center Number ___________; and for other purposes.

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-O-1558 ( 7)            An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 10, Article II, Division 3, Section 10-127, entitled Temporary Permit for Non-Profit Civic Organizations, to increase the number of permits that may be issued to an organization in any one calendar year from two to four; and for other purposes.

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

09-O-1559 ( 8)            An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Division 1, Section 162-42, entitled Miscellaneous Requirements and Penalties; and Section 162-43, entitled Table of Violations, so as to make it unlawful for drivers of Vehicles for Hire to engage the Child Safety Locks on the rear doors of a vehicle for hire unless otherwise directed; to establish penalties therefor; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 13 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  (CONT’D)

CLETA WINSLOW, CHAIR

09-O-1560 ( 9)            An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 106, Offenses and Miscellaneous Provisions, Article V, Offenses by and Against Minors, Section 106-228, same-responsibility of parents, so as to replace improper references to nonexistent sections of the City of Atlanta Code of Ordinances with the proper references to Section 106-227, Curfew-authorized; to repeal conflicting ordinances; and for other purposes.

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

09-O-1561 (10)           An Ordinance by Public Safety and Legal Administration Committee to amend the 2009 (Intergovernmental Grant Fund) Budget, Executive Offices, Mayor’s Office of Weed and Seed, by adding to anticipations and appropriations in the amount of $380,098.00 from the Department of Justice Byrne Discretionary Grant; to rescind Ordinance 09-O-0412; and for other purposes.

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

09-O-1562 (11)           An Ordinance by Public Safety and Legal Administration Committee amending the 2010 (Intergovernmental Grant Fund) Budget, Department of Police by adding to anticipations and appropriations the amount of $300,000.00 for Grant Funds from the White House Office of National Drug Control Policy for the continuation of the High Intensity Drug Trafficking Area (HIDTA) Task Force and continued disruption of Drug Trafficking Organizations; and for other purposes.

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

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-O-1620 (12)           An Ordinance by Transportation Committee authorizing the Mayor or her designee to remove parking restrictions from the north side of Ralph McGill Boulevard, N.E., between Central Park Place, N.E. and Parkway Drive, N.E.; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

TRANSPORTATION COMMITTEE  (CONT’D)

CLAIR MULLER, CHAIR

09-O-1621 (13)           An Ordinance by Transportation Committee authorizing the installation of one Stop Sign at the intersection of Dallas Street, N.E. and Glen Iris Drive, N.E.; and for other purposes.

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

09-O-1622 (14)           An Ordinance by Transportation Committee to restrict Left Turn movements from the Amtrak Train Station Driveway onto Deering Road, N.W. at Peachtree Street, N.W.; and for other purposes.

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

09-O-1623 (15)           An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of North Pelham Road, N.E. and East Rock Springs Road, N.E. until such time that funding for a permanent Traffic Signal can be identified through the Safe Routes to School Program; and for other purposes.

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

09-O-1624 (16)           An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of North Morningside Drive, N.E. and East Rock Springs Road, N.E. until such time that funding for a permanent Traffic Signal can be identified through the Safe Route to School Program; and for other purposes.

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

09-O-1625 (17)           An Ordinance by Transportation Committee to amend the FY 2010 [Airport Renewal and Extension Fund (5502) and Airport Passenger Facility Charge Fund (5505)] Budgets by transferring to and from appropriations a total amount of $25,000,000.00 for reimbursement of the Renewal and Extension Fund; and for other purposes.

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

COMMITTEE REPORTS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS

ZONING COMMITTEE  (1)

IVORY L. YOUNG, JR., CHAIR

Attendance at the September 16, 2009 meeting of the Zoning Committee was as follows:

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

Absent:        Councilmember Martin

ORDINANCES FOR FIRST READING

The following items (09-O-1628 and 09-O-1629) were taken as a collective vote.

09-O-1628 ( 1)            An Ordinance by Zoning Committee to amend Ordinance U-

U-97-3                         97-3, as adopted by the City Council on June 1, 2009 and approved by the Mayor on June 9, 2009, for the purposes of approving a transfer of ownership for a Special Use Permit for a Day Care Center for property located at 862 Hollywood Road, NW; and for other purposes.

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

09-O-1629 ( 2)            An Ordinance by Zoning Committee granting a Special Use

U-09-15/                      Permit for a Community Service Facility Section 16-06.005

U-06-07                       (1) (k), property located at 8 East Lake Drive, NE, fronting approximately 160 feet on the west side of East Lake Drive and approximately 182 feet on the north side of Hosea Williams Drive.

Depth:  Varies

Area:                Approximately .66 acre

Land Lot:         204, 15^th District, DeKalb County, Georgia

Owner: Elizabeth Omilami

Applicant:        Patrise Perkins-Hooker

NPU-O Council District 5

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (1)

HOWARD SHOOK, CHAIR

Attendance at the September 16, 2009 meeting of the Finance/Executive Committee was as follows:

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

Absent:        None

ORDINANCES FOR SECOND READING

09-O-1406 ( 1)            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.  (3^rd READING, FINAL ADOPTION)

ADOPTED 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.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (2)

HOWARD SHOOK, CHAIR

RESOLUTION

09-R-1646 ( 1)             A Resolution by Councilmembers Joyce M. Sheperd, C. T. Martin, Ceasar C. Mitchell, Mary Norwood, Felicia A. Moore, Ivory Lee Young, Jr., Kwanza Hall, Jim Maddox, H. Lamar Willis, Cleta Winslow, Natalyn Archibong and Carla Smith requesting the 111^th Congress Enact Comprehensive, Quality, Affordable Health Care Legislation for all Americans; and for other purposes.

Chairperson Shook sounded the caption to Resolution 09-R-1646 and stated the recommendation from committee was Favorable.  Following, Councilmember Martin was recognized and made a Motion to Adopt.  It was properly Seconded and the Motion CARRIED by a roll call vote of 10 yeas; 2 nays.

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

ITEMS REMOVED FROM CONSENT AGENDA

09-R-1565 ( 1)             An Amended Resolution by Finance/Executive Committee authorizing the City of Atlanta (“CITY”) to endorse a letter to U. S. Representatives in support of proposed amendments to Federal legislation reauthorizing the Environmental Protection Agency (“EPA”) Brownfields Program and amending the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) to provide for greater clarity and a higher level of protection for public entities when they acquire contaminated land; and for other purposes.

Note:  Councilmember Kwanza Hall stated for the record his abstention to Resolution 09-R-1565 was due to a potential conflict of interest.

The above item was removed from the Consent Agenda by request of Councilmember Kwanza Hall.  Chairperson Shook sounded the caption to Resolution 09-R-1565 and Subsequently, the Motion to Adopt was CARRIED by a roll call vote of 11 yeas; 0 nays; 1 abstention.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS; 1 ABSTENTION

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (3)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

The following resolutions (2 – 6) were taken as a collective vote.

09-R-1632 ( 2)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Atlanta Services Group for FC-4906B, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember C. T. Martin.  Chairperson Shook sounded the caption to five (5) resolutions (09-R-1632, 09-R-1633, 09-R-1634, 09-R-1635 and 09-R-1636).  Following, Mr. Shook made a Motion to Adopt.  An extensive discussion ensued, during which, Councilmember Norwood made a Motion to Refer all five (5) resolutions back to the Finance/Executive Committee.  However, the Motion dies due to the lack of a Second.  Mrs. Norwood, subsequently, made a Motion to enter Committee of the Whole.  It was properly Seconded and the Motion CARRIED by a roll call vote of 8 yeas; 4 nays.  Council entered Committee of the Whole.

COMMITTEE OF THE WHOLE

In Committee of the Whole, Council entertained questions to Greg Pridgeon, Chief of Staff; Roger Bhandari, Acting City Attorney; Adam Smith, Chief Procurement Officer; Roosevelt Council, Jr., Budget Chief; Renee Shepherd, Assistant City Attorney; Robert Hunter, Commissioner of Watershed; Dianne Harnell-Cohen, Commissioner of Parks, Recreation and Cultural Affairs; and Sandra Jennings, Acting Deputy Commissioner of Transportation.  After all inquiries were responded to, there was a Motion to re-enter Regular Session.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Council then re-entered Regular Session.

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (4)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

REGULAR SESSION

09-R-1632 ( 2)             During Regular Session, Chairperson Shook made a Motion to

(Cont’d)                       Adopt Resolutions 09-R-1632, 09-R-1633, 09-R-1635 and 09-R-1636.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

09-R-1633 ( 3)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Arcadis/Brindley Pieters & Associates, Inc., Joint Venture for FC-4906A, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember C. T. Martin.  Chairperson Shook sounded the caption to five (5) resolutions (09-R-1632, 09-R-1633, 09-R-1634, 09-R-1635 and 09-R-1636).  Following, Mr. Shook made a Motion to Adopt.  An extensive discussion ensued, during which, Councilmember Norwood made a Motion to Refer all five (5) resolutions back to the Finance/Executive Committee.  However, the Motion dies due to the lack of a Second.  Mrs. Norwood, subsequently, made a Motion to enter Committee of the Whole.  It was properly Seconded and the Motion CARRIED by a roll call vote of 8 yeas; 4 nays.  Council entered Committee of the Whole.

COMMITTEE OF THE WHOLE

In Committee of the Whole, Council entertained questions to Greg Pridgeon, Chief of Staff; Roger Bhandari, Acting City Attorney; Adam Smith, Chief Procurement Officer; Roosevelt Council, Jr., Budget Chief; Renee Shepherd, Assistant City Attorney; Robert Hunter, Commissioner of Watershed; Dianne Harnell-Cohen, Commissioner of Parks, Recreation

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (5)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

09-R-1633 ( 3)             and Cultural Affairs; and Sandra Jennings, Acting Deputy

(Cont’d)                       Commissioner of Transportation.  After all inquiries were responded to, there was a Motion to re-enter Regular Session.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Council then re-entered Regular Session.

REGULAR SESSION

During Regular Session, Chairperson Shook made a Motion to Adopt Resolutions 09-R-1632, 09-R-1633, 09-R-1635 and 09-R-1636.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

09-R-1634 ( 4)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with BGR Joint Venture Office for FC-4906C, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember C. T. Martin.  Chairperson Shook sounded the caption to five (5) resolutions (09-R-1632, 09-R-1633, 09-R-1634, 09-R-1635 and 09-R-1636).  Following, Mr. Shook made a Motion to Adopt.  An extensive discussion ensued, during which, Councilmember Norwood made a Motion to Refer all five (5) resolutions back to the Finance/Executive Committee.  However, the Motion dies due to the lack of a Second.  Mrs. Norwood, subsequently, made a Motion to enter Committee of the Whole.  It was properly Seconded and the Motion CARRIED by a roll call vote of 8 yeas; 4 nays.  Council entered Committee of the Whole.

COMMITTEE OF THE WHOLE

In Committee of the Whole, Council entertained questions to Greg Pridgeon, Chief of Staff; Roger Bhandari, Acting City

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (6)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

09-R-1634 ( 4)             Attorney; Adam Smith, Chief Procurement Officer; Roosevelt

(Cont’d)                       Council, Jr., Budget Chief; Renee Shepherd, Assistant City Attorney; Robert Hunter, Commissioner of Watershed; Dianne Harnell-Cohen, Commissioner of Parks, Recreation and Cultural Affairs; and Sandra Jennings, Acting Deputy Commissioner of Transportation.  After all inquiries were responded to, there was a Motion to re-enter Regular Session.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Council then re-entered Regular Session.

REGULAR SESSION

During Regular Session, Chairperson Shook made a Motion to Adopt Resolution 09-R-1634.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays; 1 abstention.

Note: Councilmember Kwanza Hall stated for the record his abstention to Resolution 09-R-1634 was due to a potential conflict of interest.

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

09-R-1635 ( 5)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Brown and Caldwell, Inc./Delon Hampton & Associates, Charted, a Joint Venture for FC-4906D, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember C. T. Martin.  Chairperson Shook sounded the caption to five (5) resolutions (09-R-1632, 09-R-1633, 09-R-1634, 09-R-1635 and 09-R-1636).  Following, Mr. Shook made a Motion to Adopt.  An extensive discussion ensued, during which, Councilmember Norwood made a Motion to Refer all five (5) resolutions back to the Finance/Executive Committee.  However, the Motion dies

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (7)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

09-R-1635 ( 5)             due to the lack of a Second.  Mrs. Norwood, subsequently,

(Cont’d)                       made a Motion to enter Committee of the Whole.  It was properly Seconded and the Motion CARRIED by a roll call vote of 8 yeas; 4 nays.  Council entered Committee of the Whole.

COMMITTEE OF THE WHOLE

In Committee of the Whole, Council entertained questions to Greg Pridgeon, Chief of Staff; Roger Bhandari, Acting City Attorney; Adam Smith, Chief Procurement Officer; Roosevelt Council, Jr., Budget Chief; Renee Shepherd, Assistant City Attorney; Robert Hunter, Commissioner of Watershed; Dianne Harnell-Cohen, Commissioner of Parks, Recreation and Cultural Affairs; and Sandra Jennings, Acting Deputy Commissioner of Transportation.  After all inquiries were responded to, there was a Motion to re-enter Regular Session.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Council then re-entered Regular Session.

REGULAR SESSION

During Regular Session, Chairperson Shook made a Motion to Adopt Resolutions 09-R-1632, 09-R-1633, 09-R-1635 and 09-R-1636.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

09-R-1636 ( 6)             A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with JP2 (Jacobs, Prad, PBS&J) for FC-4906E, Architectural Engineering and Design Services on behalf of the Departments of Planning and Community Development, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs, and the Office of Enterprise Asset Management; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember C. T. Martin.  Chairperson Shook sounded the caption to five (5) resolutions (09-R-1632, 09-R-1633, 09-R-1634, 09-R-1635 and 09-R-1636).  Following, Mr.

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (8)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

09-R-1636 ( 6)             Shook made a Motion to Adopt.  An extensive discussion

(Cont’d)                       ensued, during which, Councilmember Norwood made a Motion to Refer all five (5) resolutions back to the Finance/Executive Committee.  However, the Motion dies due to the lack of a Second.  Mrs. Norwood, subsequently, made a Motion to enter Committee of the Whole.  It was properly Seconded and the Motion CARRIED by a roll call vote of 8 yeas; 4 nays.  Council entered Committee of the Whole.

COMMITTEE OF THE WHOLE

In Committee of the Whole, Council entertained questions to Greg Pridgeon, Chief of Staff; Roger Bhandari, Acting City Attorney; Adam Smith, Chief Procurement Officer; Roosevelt Council, Jr., Budget Chief; Renee Shepherd, Assistant City Attorney; Robert Hunter, Commissioner of Watershed; Dianne Harnell-Cohen, Commissioner of Parks, Recreation and Cultural Affairs; and Sandra Jennings, Acting Deputy Commissioner of Transportation.  After all inquiries were responded to, there was a Motion to re-enter Regular Session.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  Council then re-entered Regular Session.

REGULAR SESSION

During Regular Session, Chairperson Shook made a Motion to Adopt Resolutions 09-R-1632, 09-R-1633, 09-R-1635 and 09-R-1636.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

Council President Pro-Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (9)

HOWARD SHOOK, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA  (CONT’D)

09-R-1513 ( 7)             A Resolution by Finance/Executive Committee authorizing the Mayor to execute an Intergovernmental Agreement with the McPherson Planning Local Redevelopment Authority, Inc.; to allow the City to accept the services of consultants to augment the efforts of City staff in the re-zoning of Fort McPherson; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Joyce Sheperd.  Chairperson Shook sounded the caption to Resolution 09-R-1513 and made a Motion to bring forth a Substitute.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  The Substitute was before the Council.  A brief discussion ensued.  After which, the Motion to Adopt on Substitute CARRIED by a roll call vote of 11 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE 11 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (1)

FELICIA A. MOORE, CHAIR

Attendance at the September 21, 2009 meeting of the Committee on Council was as follows:

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

Absent:        Councilmember Maddox

COMMUNICATIONS

The following items (09-C-1523 and 09-C-1524) were taken as a collective vote.

09-C-1523 ( 1)             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.  (Favorable by City Utilities Committee 9/15/09.)

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

09-C-1524 ( 2)             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.  (Favorable by Public Safety & Legal Administration Committee 9/15/09.)

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

The following items (3 – 11) were taken as a collective vote.

09-C-1532 ( 3)             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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

09-C-1533 ( 4)             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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (2)

FELICIA A. MOORE, CHAIR

COMMUNICATIONS  (CONT’D)

09-C-1534 ( 5)             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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

09-C-1535 ( 6)             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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

09-C-1536 ( 7)             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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

09-C-1537 ( 8)             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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

09-C-1538 ( 9)             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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (3)

FELICIA A. MOORE, CHAIR

COMMUNICATIONS  (CONT’D)

09-C-1539 (10)            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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

09-C-1540 (11)            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.  (Recommendation to file by Community Development/Human Resources Committee 9/15/09.)

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

ORDINANCE FOR SECOND READING

09-O-1650 ( 1)            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 FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

NOTE: After Chairperson Moore reported the Standing Committee of Committee on Council.  Ms. Moore made a Motion to re-order the agenda by moving Public Safety to report next.  It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.  Therefore, Public Safety and Legal Administration reported next.

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (1)

CARLA SMITH, CHAIR

Attendance at the September 15, 2009 meeting of the City Utilities Committee was as follows:

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

Absent:        None

ORDINANCE FOR SECOND READING

09-O-1494 ( 1)            An Amended 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.

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

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (1)

JIM MADDOX, CHAIR

Attendance at the September 15, 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

ORDINANCES FOR SECOND READING

09-O-1395 ( 1)            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.  (Public Hearing held 9/14/09)

NPU-G                         Council District 9

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

09-O-1415 ( 2)            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.

Note: Councilmember Kwanza Hall stated for the record his abstention to Ordinance 09-O-1415 was due to a potential conflict of interest.

ADOPTED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS; 1 ABSTENTION

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (1)

CLETA WINSLOW, CHAIR

Attendance at the September 15, 2009 meeting of the Public Safety and Legal Administration Committee was as follows:

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

Absent:        Councilmember Martin

ORDINANCES FOR SECOND READING

09-O-0996 ( 1)            An Ordinance by Councilmembers Jim Maddox and Cleta Winslow as Substituted and Amended by Public Safety and Legal Administration Committee and as Amended by Full Council 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.

Chairperson Winslow sounded the caption to Ordinance 09-O-0996.  A brief discussion ensued, during which, Council deferred the item to later during the report.  Returning back to the ordinance, an extensive discussion ensued, during which, Councilmember Archibong offered Amendment #1/#1 to add the language “apply to any retired judge.”  It was Seconded by Councilmember Martin and discussion continued, in which, Councilmember Archibong withdrew her Amendment #1/#1 and Councilmember Martin withdrew his Second.  Subsequently, the Motion to Adopt on Substitute as Amended was before the Council and 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

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (2)

CLETA WINSLOW, CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

09-O-1651 ( 2)            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 ten (10) years; to waive conflicting ordinances; and for other purposes.

Chairperson Winslow sounded the caption to Ordinance 09-O-1651 and offered Amendment #1/#1 to add the following language in Section 1 after the sentence ……..shall have a vehicle age of one year as of January 1, 2001…. “This ten (10) year age provision shall be temporary in nature and shall only remain in effect until December 31, 2011, after which time, it shall no longer be of any further force and effect, and said taxicab age provision shall revert back to a “vehicle age” of no greater than eight (8) years.”  It was properly Seconded and Winslow Amendment #1/#1 CARRIED by a roll call vote of 13 yeas; 0 nays.  Following, Councilmember Fauver was recognized and made a Motion to Refer 09-O-1651 back to the Public Safety and Legal Administration Committee.  The Motion died due to the lack of a Second.  Chairperson Winslow then made a Motion to Adopt as Amended.  It was properly Seconded and CARRIED by a roll call vote of 11 yeas; 1 nay.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 1 NAY

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (3)

CLETA WINSLOW, CHAIR

RESOLUTION

09-R-1642 ( 1)             A Resolution by Councilmember Anne Fauver as Substituted by Public Safety and Legal Administration Committee authorizing the City Attorney to negotiate settlement terms for the lawsuit styled R. Dillion 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.

Note: Councilmember Anne Fauver stated for the record her abstention to Resolution 09-R-1642 was due to a potential conflict of interest.

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

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

TRANSPORTATION COMMITTEE  (1)

CLAIR MULLER, CHAIR

Attendance at the September 16, 2009 meeting of the Transportation Committee was as follows:

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

Absent:        Councilmember Martin

The Standing Committee of Transportation did not have a report.

PERSONAL PAPERS

Council President Pro Tempore Natalyn Archibong Presided

PERSONAL PAPERS

ORDINANCES/REFERRED

09-O-1712 ( 1)            An Ordinance by Councilmember Cleta Winslow transferring funds in the amount of $5,000.00 from the District 4 Councilmember expense account, to the Atlanta Police Foundation for the purpose of supplementing the reward fund for information which results in the arrest and conviction of the person or persons responsible for the September 3, 2009 murder of Jasmine Lynn, a 19 year old Spelman College student; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1714 ( 2)            An Ordinance and Charter Amendment by Councilmembers Felicia A. Moore, Howard Shook, Mary Norwood, Ivory Lee Young, Jr., Anne Fauver, Carla Smith, Cleta Winslow, Natalyn Archibong, Joyce M. Sheperd, Kwanza Hall, C. T. Martin, Clair Muller and H. Lamar Willis adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Section 3-505 (c) (Entitled “Temporary Engagement by Contract, Reemployment or Election of Persons Retired Under Municipal Laws”) of the  Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, so as to identify circumstances affecting the reemployment of retirees; to repeal conflicting ordinances and charter amendments; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1715 ( 3)            An Ordinance by Councilmembers Howard Shook and Clair Muller to support the implementation, funding and creation of the Regional Transit Committee (RTC); to support the mission of RTC to implement the Concept 3 Plan; to authorize the payment of the participation fee from 1001 200401 5236001 9000000; to direct the future funding of RTC by the Chief Financial Officer in future budgets; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

Council President Pro Tempore Natalyn Archibong Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1716 ( 4)            An Ordinance by Councilmember Howard Shook a Series 2009B Bond Ordinance to ratify, reaffirm, supplement, and amend that certain Master Bond Ordinance adopted on March 31, 1999, as supplemented and amended by that certain First Supplemental Bond Ordinance adopted on March 5, 2001, that certain Series 2001 Bond Ordinance adopted on December 5, 2001, that certain Series 2004 Bond Ordinance adopted on August 16, 2004, as supplemented by that certain supplemental Series 2004 Bond Ordinance adopted on September 15, 2004, that certain Fifth Supplemental Bond Ordnance adopted on November 19, 2007, that certain Series 2008 Bond Ordinance adopted on March 17, 2008, that certain Seventh Supplemental Bond Ordinance adopted on October 6, 2008, and that certain Series 2009 Bond Ordinance adopted on May 4, 2009, as supplemented by that certain supplemental Series 2009 Bond Ordinance adopted on June 17, 2009; to provide for the issuance by the City of Atlanta of its Water and Wastewater Revenue Bonds, Series 2009B, for the purpose of refunding all of the City of Atlanta’s outstanding Water and Wastewater Revenue Bonds, Series 2001B and Water and Wastewater Revenue Bonds, Series 2001C; to provide terms, provisions, and conditions for the issuance of its Water and Wastewater Revenue Bonds, Series 2009B; and for other related purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1717 ( 5)            An Ordinance by Councilmember Howard Shook a supplemental Series 2009B Bond Ordinance to set the terms of the City of Atlanta’s Water and Wastewater Revenue Bonds, Series 2009B, including principal amounts, interest rates, maturity dates, and redemption provisions; and for other related purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1719 ( 6)            An Ordinance by Councilmember Ivory Lee Young, Jr. to abandon the portion of James P. Brawley Drive between Beckwith Street and Martin Luther King, Jr. Drive as marked on Exhibit “A” and more completely described in Exhibit “B”; to abandon the portion of Mitchell Street between James P. Brawley Drive and Raymond Street as marked on Exhibit “A” and more completely described in Exhibit “C”; to abandon Raymond Street between Martin Luther King, Jr. Drive and Beckwith Street as marked on Exhibit “A” and more completely described in Exhibit “D”; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

Council President Pro Tempore Natalyn Archibong Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1720 ( 7)            An Ordinance by Councilmember Anne Fauver transferring funds from the District 6 Councilmember expense account to fund the purchase of cameras to be used to assist in monitoring activities in Piedmont Park; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESOLUTIONS/REFERRED

09-R-1713 ( 1)             A Resolution by Councilmember Cleta Winslow authorizing the Mayor to execute amendment agreement Number 1 with Precision 2000, Inc., for FC-4943C, annual contract to construct sidewalks, driveways, curbs and gutters, on behalf of the Department of Public Works, in an amount not to exceed Two Hundred Ninety Four Thousand Seven Hundred Eight Dollars ($294,708); all contracted work to be charged to and paid from various fund, Department Organization and Account Numbers; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

09-R-1718 ( 2)             A Resolution by Councilmember Kwanza Hall authorizing the Mayor or her designee to permanently close Auburn Avenue NE between Jackson Street and Boulevard NE; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

ADJOURNMENT

Council President Pro Tempore Natalyn Archibong Presided

ADJOURNMENT

There being no further business to discuss, the September 21, 2009 meeting of the Atlanta City Council was adjourned at 5:22 p.m.

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