FINANCE/EXECUTIVE COMMITTEE AGENDA

FINANCE/EXECUTIVE COMMITTEE

AGENDA

June 10, 2009

A.        ADOPTION OF AGENDA

B.        APPROVAL OF MINUTES

C.        COMMUNICATIONS

09C1011( 1)            A Communication by Mayor Shirley Franklin appointing Ms. Teri Simmons to serve as a member of the Atlanta Sister Cities Commission on behalf of the City of Atlanta.  This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation.

09C1012( 2)            A Communication by Mayor Shirley Franklin re-appointing Mr. James Middlebrooks to serve as a member of the Civil Service Board for the City of Atlanta.  This appointment is for a term of three (3) years, scheduled to begin retroactively on 5/15/2009 and to expire on 5/15/2012.

CONSENT REPORT

D.        ORDINANCES FOR FIRST READING

09O1016( 1)            An Ordinance by Finance/Executive Committee authorizing the Mayor to waive the Sole Source Selection Provisions contained in the City of Atlanta Code of Ordinances, Article X, Procurement and Real Estate Code so as to authorize the execution of an Agreement with Hill Company, Inc.-Ed Hill for the John F. Kennedy Pool Pak Replacement Project on behalf of the Department of Parks, Recreation and Cultural Affairs, Office of Park Design, in an amount not to exceed $161,500.00 to be charged to and paid from the Account Segment/PTAEO Numbers identified in this Ordinance; and for other purposes.

09O1053( 2)            An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to execute a Ground Site Lease with Clearwater US LLC, for the purpose of providing Wireless Communication Services; and for other purposes.

09O0370( 1)            An Ordinance by Councilmember Jim Maddox as substituted (#2) by Finance/Executive Committee to amend the following Sections of the Code of Ordinances of the City of Atlanta, Georgia, pertaining to the Advisory Committee on International Relations (ACIR): Section 2-1981 (a)(3)a, so as to add as members, the Atlanta Development Authority and the City of Atlanta Department of Aviation; to update the name of the member organization listed; to modify the language of Subsection (b) of Section 2-1981 so as to reflect the current practice with respect to budgeting for the activities and programs of ACIR; Section 2-1982, so as to expand the scope of the purpose of ACIR; to change the reporting period in Section 2-1984 from quarterly to annually and to re-codify the provisions of Section 2-1984 entitled “Officers, Bylaws, Reports” to Section 2-1983 which Section is currently “Reserved”; to provide new language for Section 2-1984 pertaining to the providing of administrative support to ACIR by Council Staff; to waive conflicting ordinances; and for other purposes.  (Tabled in the Breast of Council 5/18/09; Referred on Substitute to Finance/Executive Committee 6/01/09.)

09O0903( 2)            An Ordinance by Transportation Committee authorizing: [i] the City of Atlanta to reimburse Delta Air Lines, Inc. in the amount of $289,559.00 for Replacement of Fuel Valves at the Concourse C-Airside Reconfiguration Project on behalf of the Department of Aviation, to be charged to and paid from PTAEO: 18100830 (Fuel Complex) 102 (Task) 550291249 (DOA R N E 9999) 5414002 (Fac not Buildings-CIP) and FDOA: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other the Bldgs/Infrastructure-CIP) 7563000 (Airport) 100830 (Fuel Complex) 91249 (DOA R N E 9999) 0000 (Default) 00000000 (Default) 00000000 (Default); [ii] the Mayor to execute a Reimbursement Agreement with Delta; and [iii] for other purposes.  (Referred to Finance/Executive Committee 6/01/09.)

09O0985( 3)            An Ordinance by Finance/Executive Committee amending the 1994 (Trust Fund) Budget by transferring appropriations from 7701 (Trust Fund), 190101 (JDA Municipal Court Operations), 3511712 (City Jail Surcharge), 265000 (Dep. Municipal Courts), 200769 (Jail Fund Administration), 91466 (Agency Fund), 91466 to 7701 (Trust Fund), (JDA Municipal Court Operations), 190101 (City Jail Surcharge), 5222001 (Consulting/Professional), 200769 (Jail Fund Administration), 91466 (Agency Fund), to fund installation and contractual services for FC-4782, Jail Management System on behalf of the Department of Corrections in an amount not to exceed $1,500,000.00; and for other purposes.

09O0986( 4)            An Ordinance by Finance/Executive Committee to anticipate and appropriate TSA Grant Funds in the amount of $17,750.815.77 for the Transportation Security Administration’s share of MOA #HSTS04-04-A-DEPO53 for the payment of principal on the Series 2004D-1 and Series 2004D-2 Airport Passenger Facility Charge and Subordinate Lien Revenue Bonds (5508) issued to pay capital costs for the installation and operation of Explosive Detection System in an “In-Line” Baggage System at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

09O0987( 5)            An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive Article X (“The Procurement and Real Estate Code”) of the Atlanta City Code in order to enter into an Agreement with Comsys Information Technology Services Inc., pursuant to the Atlanta City Charter §6-402 for Temporary Specialized Services on behalf of the Department of Information Technology, in an amount not to exceed $300,000.00, to ratify provision of services performed by Comsys Information Technology Services, Inc. since August 1, 2008 for Temporary Specialized Services and pay for outstanding invoices in an amount not to exceed $188,611.21; all contracted work will be charged to and paid from Fund, Account and Center Number 1001 (General Fund) 5212001 (Consultant/Professional Services) 1535000 (Data Processing/Management Information Systems); and for other purposes.

09O1005( 6)            An Ordinance by Finance/Executive Committee to amend Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to transfer positions, abolish and create positions and classifications; provide for certain position reclassifications, and other personnel actions in line with the 2010 Budget; provide authorization for Wastewater Treatment and Collection Apprentice Program Compensation; and for other purposes.

09O1072( 7)            An Ordinance by Councilmember Howard Shook to provide for the Annexation of property located at 4118 E. Brookhaven Drive to the corporate limits of the City of Atlanta, Georgia pursuant to the 100% Method; to authorize the Law Department to seek preclearance from the United States Department of Justice and to notify the Georgia Department of Community Affairs of such annexation; and for other purposes.

09O1073( 8)            An Ordinance by Councilmember Howard Shook to set the terms of the City of Atlanta’s Water and Wastewater Revenue Bonds, Series 2009, including principal amounts, interest rates, maturity dates, and redemption provisions; and for other purposes.

09O1074( 9)            An Ordinance by Councilmember Howard Shook to authorize the termination of those certain Interest Rate Exchange Agreements related to the City’s outstanding Airport General Revenue and Refunding Bonds, Series 2000A, the City’s outstanding Airport General Revenue Bonds, Series 2000B, the City’s outstanding Variable Rate Airport General Revenue Refunding Bonds, Series 2003RF-B and the City’s outstanding Variable Rate Airport General Revenue Refunding Bonds, Series 2003RF-C, and the payment of a Swap Termination Fee in connection with the termination of said Interest Rate Exchange Agreements and to pay all expenses relating thereto; all payments shall be made from {account to be added}; granting the Mayor and the Chief Financial Officer the authority to determine the Timing and Terms of the termination of said Interest Rate Exchange Agreements; granting the Mayor the authority to approve and execute any and all documents and certificates with respect to the termination of said Interest Rate Exchange Agreements; authorizing certain officials and employees of the City to take all actions required in connection with the termination of said Interest Rate Exchange Agreements; providing certain other details with respect thereto; providing an effective date; and for other purposes.

09O1075(10)           An Ordinance by Councilmember Kwanza Hall to amend the 2009 (Intergovernmental Grant Fund) Budget, Department of Grant Services, by adding to Anticipations and Appropriations in the amount not to exceed $10,000.00 of grant funds from the Georgia Department of Community Affairs on behalf of Hands on Atlanta for the purpose of funding innovative and new approaches to encourage volunteerism and civic engagement in Atlanta; and for other purposes.

F.         RESOLUTIONS

09R0369( 1)            A Resolution by Councilmember Jim Maddox as substituted by Finance/Executive Committee authorizing the Mayor to execute an agreement with the Atlanta Development Authority (ADA) regarding the management of the activities and programs of the Advisory Committee on International Relations (ACIR); and for other purposes.  (Tabled in the Breast of Council 5/18/09; Referred as Amended to Finance/Executive Committee by Full Council 6/01/09.)

09R1015( 2)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute an appropriate Contractual Agreement with Hansen Information Technologies, a Subsidiary of Infor Global Solutions for the purpose of providing a Software Maintenance and Support Agreement for the Hansen System, on behalf of the Department of Watershed Management, in an amount not to exceed $209,682.11; all contracted work shall be charged to and paid from Fund, Department, Organization and Account Number 5052 (Water and Wastewater Renewal and Extension Fund) 170201 (DWM Wastewater Treatment and Collection) 5410001 (Consulting/Professional Services-Capital Projects) 4310000 (Sanitary Administration); and for other purposes.

09R1054( 3)            A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with AT&T utilizing the State of Georgia Contract GTA000187-002 for the purchase of Modems and Cellular Services, on behalf of the Department of Watershed Management in an amount not to exceed $162,000.00; all contracted work will be charged to and paid from Fund, Department. Organization and Account Number 5051 (Water and Wastewater Revenue Fund) 170603 (DWM Industrial Wastewater Monitoring) 5232003 (Wireless Telephone Expenses) 7210000 (Protective Inspection Administration); and for other purposes.

09R1055( 4)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute an Agreement with Public Safety Systems, Inc. for the E911 Computer Aided Dispatch System, on behalf of the Department of Information Technology, in an amount not to exceed $438,600.00, to be charged to and paid from FDOA Number 1001 (General Fund) 050202 (IT Applications) 5213001 (Consulting/Professional Services) 1535000 (Data Processing/Management Information System); and for other purposes.

09R1056( 5)            A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Green Classic Limousine Company in an amount not to exceed $7,595.47 for an overpayment of Business License Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

09R1057( 6)            A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to the Multiple Sclerosis Center of Georgia, Inc. in an amount not to exceed $61,835.02 for an overpayment of Business License Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

09R1058( 7)            A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Bishop & Brogdon Company in an amount not to exceed $7,945.10 for an overpayment of Business Tax Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

09R1059( 8)            A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Carey-Executive Limousine Company in an amount not to exceed $5, 305.16 for an overpayment of Business License Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

09R1060( 9)            A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Silverton Bank in an amount not to exceed $53,864.83 for an overpayment of Business License Fees; all funds shall be charged to and paid from FDOA 1001 (General Fund) 200301 (NDP Unallocated-Citywide Employee Expenses) 5730012 (Account Refunds) 154000 (Function Activity Human Resources); and for other purposes.

09R1061(10)           A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to utilize GSA Contract #GS-35F-0195J for the purchase of five (5) HP 9050 Series LaserJet Printers from CDW Government, Inc. on behalf of the Department of Aviation, in an amount not to exceed $75,760.76.  All contracted work will be charged to and paid from FDOA 5502 (Airport Renewal and Extension Fund) 180107 (Department of Aviation, Aviation Information Services), Expenditure 5311002 (Equipment $1000-$4999); and for other purposes.

09R1078(11)           A Resolution by Councilmember Jim Maddox to support H.R. 2139: Initiating Foreign Assistance Reform Act of 2009, that is presently before the United States Congress; and for other purposes.

G.        2010 BUDGET PAPERS HELD IN COMMITTEE

09O0773( 1)            A Substitute Ordinance (#2) by Finance/Executive Committee Adopting the FY 2010 Proposed Budget; and for other purposes.  (Substituted and held 5/13/09 by the Committee for further discussion and review.)

09O0774( 2)            An Ordinance by Finance/Executive Committee to amend Section 146-26 (b), (c), (d), (e) and (f) of the Code of Ordinances of the City of Atlanta, so as to change the Ad Valorem Tax Rate and Real and Personal Property for the General Levy, Debt Levy, City Parks Levy, School Operating Levy, School Debt Levy and the Special Tax District Levy; to provide that the Tax Rates established herein shall remain fixed each year until amended or repealed; and for other purposes.  (Held 5/13/09 by the Committee for further discussion and review.)

09O0776( 3)            An Ordinance by Finance/Executive Committee to amend the Amortization Schedules of the General Employees, Police Officers, and Firefighters Pension Plans from a Forty year Closed Schedule to a Thirty Year Open Ended Schedule; and for other purposes.  (Held 5/13/09 by the Committee for further discussion and review and answers to several questions.)

09O0822( 4)            An Ordinance by Finance/Executive Committee Adopting the FY 2010 Capital, Special Revenue, and Fudiciary Funds for the City of Atlanta.  (Held 5/13/09 by the Committee for further discussion and review.)

09R0920( 5)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Blanket Purchase Agreement with Neptune Technology Group, Inc. on behalf of the Department of Watershed Management, in an amount not to exceed $1,000,000.00; all contracted work shall be charged to and paid from Fund Department Organization and Account Number 5052 (Water & Wastewater Renewal Fund) 5311002 (Supplies-Non-Consumable) 1704011 (DWM Water System Repair – Peyton) 4440000 (Distribution); and for other purposes.  (Held 5/13/09 by the Committee for further discussion and review.)

09R0988( 6)            A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Konica Minolta Business Solutions, USA, Inc. utilizing the State of Georgia Contract Number GTA000119 for Copier Lease and Maintenance, on behalf of the Department of Watershed Management, in an amount not to exceed $260,304.00; all contracted work will be charged to and paid from various Fund, Department, Organization and Account Numbers; and for other purposes.  (Held 5/13/09 by the Committee for consideration in conjunction with or after adoption of the 2010 Budget.)

09R0989( 7)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Agreement with Burnett Lime Company, Inc. for Cal-Flo Lime Slurry at the Chattahoochee Treatment Plant Complex and Hemphill Treatment Plant Complex, on behalf of the Department of Watershed Management, in an amount not to exceed $175,636.00; all contract work shall be charged to and paid from the listed Fund, Department, Organization and Account Numbers in the following amounts: $73,514.00 – 5051 (Water & Wastewater Revenue Fund) 170404 (DWM Water Treatment Complex-Chattahoochee) 5311003 (Supplies, Consumable-Trackable) 4430000 (Treatment) and $102,122.00 – FY2010 5051 (Water & Wastewater Revenue Fund) 170405 (DWM Water Treatment Complex-Hemphill) 5311003 (Supplies, Consumable-Trackable) 4430000 (Treatment); and for other purposes.  (Substituted and held 5/27/09 by the Committee for consideration in conjunction with or after adoption of the 2010 Budget.)

09R0990( 8)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Zep Manufacturing Company, utilizing the US Communities, National Contract Number 2007-118-3034 for the purchase of Cleaning Chemicals and Supplies, on behalf of the Department of Watershed Management, in an amount not to exceed $37,500.00; all contracted work will be charged to and paid from Fund, Department, Organization and Account Number FY2010 5051 (Water & Wastewater Renewal Fund) 170407 (DWM Drinking Water Facility Maintenance) 5311003 (Supplies, Consumable-Trackable) 4430000 (Treatment); and for other purposes.  (Substituted and held 5/27/09 by the Committee for consideration in conjunction with or after adoption of the 2010 Budget.)

09R0991( 9)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Agreement with Industrial Furnace Company, Inc. (IFCO), for Incinerator Maintenance Repair and Replacement, on behalf of the Department of Watershed Management, in an amount not to exceed $400,000.00; all contracted work shall be charged to and paid from the listed Fund, Department, Organization and Account Numbers in the following amounts: $200,000.00 – 5051 (Water & Wastewater Revenue Fund) 170204 (DWM Water Treatment Plant-RM Clayton) 5222002 (Repair & Maintenance-Equipment) 4335000 (Sewage Treatment Plants) and $200,000.00 – 5051 (Water & Wastewater Revenue Fund) 170205 (DWM Water Treatment Plant-Utoy Creek) 5222002 (Repair & Maintenance-Equipment) 4335000 (Sewage Treatment Plants); and for other purposes.  (Substituted and held 5/27/09 by the Committee for consideration in conjunction with or after adoption of the 2010 Budget.)

H.        PAPERS HELD IN COMMITTEE

06R1667( 1)            An Amended Resolution by Finance/Executive Committee authorizing the Mayor to execute a Master Agreement with TDC Systems Integration, Inc., for FC-6006007881, for Citywide On-call Services for Information Technology Staffing; authorizing the Chief Information Officer of the Department of Information Technology, the Director of Information Technology of the Department of Watershed Management and the Aviation Information Systems Director of the Department of Aviation, to execute all statements of work; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; not to exceed $400,000.00 per year for each Department, specifically Watershed Management, Aviation and Information Technology, with the total cost not to exceed $1,200,000.00; and for other purposes.  (Amended and held 8/16/06 at the request of the Committee to allow time pending additional review.)

07O0138( 2)            An Ordinance by Councilmember Ceasar Mitchell to amend the Procurement Code of the City of Atlanta, Georgia by adding to Section 2-1142, Monthly Report to City Council; and for other purposes.  (Held 1/31/07 at the request of the Department of Procurement for an additional study.)

07O0974( 3)            An Ordinance by Councilmember C. T. Martin as substituted by Finance/Executive Committee to amend Article V Classification Plan, of the Code of Ordinances, City of Atlanta, Georgia, so as to create 215 positions in the Atlanta Police Department; and for other purposes.  (Held 5/16/07 in conjunction with consideration of 2008 Budget.)

07R2138( 4)            A Resolution by Councilmember Ceasar C. Mitchell to support H. R. 2447 to establish an Energy and Environment Block Grant Program that is presently before the United States Congress; and for other purposes.  (Held 10/10/07 per Committee Chair pending cost benefits analysis from Washington Lobbyist.)

07R2139( 5)            A Resolution by Councilmember Ceasar C. Mitchell to endorse H. R. 3535 Homebuyer’s Protection Act of 2007 pending in the United States Congress; to urge the Georgia Congressional Delegation to support the Act; and for other purposes.  (Held 10/10/07 per Committee Chair pending cost benefits analysis from Washington Lobbyist.)

08O0299( 6)            An Ordinance by Councilmember Howard Shook authorizing a Twelfth Supplemental Bond Ordinance Supplementing the restated and amended Master Bond Ordinance of the City of Atlanta Adopted on March 20, 2000, as previously Amended and supplemented, to authorize the issuance by the City of Atlanta of its Variable Rate Airport General Revenue Refunding Bonds, Series 2008A, in one or more Series, in an aggregated principal amount of not to exceed $550,000,000.00, each to bear interest in a Variable Rate Mode; to refund all or a portion of the City’s Variable Rate Airport General Revenue Refunding Bonds, Series 2003RF-B and Series 2003RF-C; to provide for a reasonably required debt service reserve; to provide for the rights of the holders of said Bonds; to make certain other covenants and agreements in connection with the issuance of such Bonds; to provide certain terms and details of said Bonds, including authorizing delegated negotiated sales of said Bonds; to provide for the execution of certain agreements relating to one or more credit and/or liquidity facilities with respect to the Series 2008A Bonds; to pay expenses relating thereto; to authorize the preparation, use and distribution of one or more preliminary and final official statements in connection with the offer and sale of the Series 2008A Bonds; to provide for the Annual Submission of certain Financial Information and Operating Data pursuant to Rule 15C2-12 of the Securities and Exchange Commission; to designate one or more underwriters and remarketing agents, and a tender and paying agent and to approve forms of various other agreements in connection with the issuance of said Bonds; providing for incidental action; providing for severability; to provide an effective date; and for other related purposes.  (Held 2/13/08 at the request of the Department of Finance pending an agreement with Bond Insurers and LOC Providers; Referred back to Finance/Executive Committee from Full Council 2/2/09; Held 2/11/09.)

08O0402( 7)            A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Procurement Officer to purchase property located at 207/211 Vine Street, NW and 601/605 Spencer Street, NW, Atlanta, Georgia 30314; to provide for the appraisal of the property; to obtain title reports; to negotiate the purchase price of the property; to authorize the use of legal proceedings if necessary to obtain the property; to accept funds in the amount of $725,000.00 plus funds for other expenses from the Atlanta Development Authority to be applied towards the purchase of the property; and for other purposes.  (Substituted and held 3/12/08.)

08R0510( 8)            A Resolution by Councilmembers Howard Shook and Cleta Winslow authorizing the Mayor to enter into an Intergovernmental Agreement with Fulton County District Attorney for a period of three years in an amount not to exceed $26,000.00 per month for services for the City of Atlanta under for Consultation and Support Services to Victims and Witnesses of Crimes; all contracted to be charged to and paid from Fund, Account and work Center Number:  3P01 (Agency Fund) 264017 (Muni Court VW Asst Prg (MCVW)) A00001 (Balance Sheet Center); and for other purposes.  (Held 3/12/08.)

08O0736( 9)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to engage on behalf of the City of Atlanta to establish and implement a cost neutral Deferred Retirement Option Retirement Plan as an additional benefit for the members of the City of Atlanta Firefighter’s Pension Fund and the City of Atlanta Police Officer’s Pension Fund; and for other purposes.  (Held 5/14/08 at the request of the Department of Finance to address concerns with Exhibits “A” & “B” and other information.)

08O0822(10)           An Ordinance by Councilmember Felicia A. Moore to provide for the issuance and sale of Tax Allocation Bonds (Perry Bolton Project), Series 2008, in the aggregated principal amount not to exceed $______________ (The “Series 2008 Bonds”), to pay, or to be applied or contributed toward, the payment of redevelopment costs associated with the projects identified on Schedule 1 hereto (The “2008 Projects”); to authorize paying expenses incident to accomplishing the foregoing; to authorize the execution of an Indentured Trust, a Bond Placement Agreement, Separate Development Agreements with the Developers of each of the 2008 Projects Limited Offering Memorandum and Final Limited Offering Memorandum; to clarify the intent of the initial resolution (as defined herein) with respect to the termination of the Perry Bolton TAD (as defined herein) and for certain other purposes, all connection with the issuance and sale of the foregoing described Series 2008 Bonds.  (Held 4/30/08 per the Committee for additional consideration.)

08O0829(11)           An Ordinance by Councilmember Howard Shook 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 Article 2, Chapter 3, Section 2-302(c) so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in an increase in taxes, fees, or bond indebtedness; and for other purposes.  (3^rd Reading/Final Adoption) (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0830(12)           An Ordinance by Councilmember Howard Shook to amend Chapter Two, Article VI, Division 2, Subdivision II, Section 2-351 (Entitled, “Authorization to Issue Commercial Paper.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in an increase in bond indebtedness; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0831(13)           An Ordinance by Councilmember Howard Shook to amend Chapter 146, Division 1, Article II, Section 146-26 (Entitled, “Levy.”), Chapter 146, Article II, Section 146-79 (Entitled, “Levied.”) and Chapter 146, Article IV, Section 146-113 (Entitled, “Excise Tax Levied; Collection.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in an increase in taxes; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0833(14)           An Ordinance by Councilmember Howard Shook to amend Chapter Two, Article II, Division 2, Subdivision I, Section 2-69 (Entitled, “Quorum; vote required for passage of legislation.”) and Chapter Two, Article II, Division 2, Subdivision II, Section 2-96(c) (Entitled, “Presence at Meetings; Voting on Questions.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in new fees and taxes or an increase in existing taxes, fees, or bond indebtedness; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0834(15)           An Ordinance by Councilmember Howard Shook as amended by Finance/Executive Committee to amend Chapter Two, Article II, Division 2, Subdivision II, Section 2-105 (Entitled, “Establishment or Change in Fees for Service; Notice to Public.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in new fees and an increase in fees; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.

08O1446(16)           An Ordinance by Councilmember C. T. Martin as amended by Finance/Executive Committee to amend the FY 2009 Budget so as to add to the Budget, funding of the Judicial Agencies in the amount of $350,000.00; to reduce the adopted Budget by said amount; and for other purposes.  (Tabled in Full Council 8/18/08; Referred back to Finance/Executive Committee by Full Council 2/16/09; Held 2/25/09 for further review.)

08O1545(17)           An Ordinance by Councilmember C. T. Martin to amend the Pension Acts applicable to members of the General Employees Pension Fund of the City of Atlanta, so as to provide for a Retirement Program for employees involuntarily separated to balance the City of Atlanta 2009 and 2010 Fiscal Year Budgets and for reorganization of the workforce; and for other purposes.  (Referred back by Full Council 2/16/09; Held 2/25/09 after returning from Executive Session for further discussion.)

08O1546(18)           An Ordinance by Councilmembers Felicia A. Moore, Ceasar C. Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, H. Lamar Willis, Natalyn Archibong, Clair Muller, Jim Maddox, Ivory Lee Young, Jr. and Kwanza Hall to amend the FY 2009 (General Fund) Budget to re-establish the Department of Fire and Rescue Special Operations Squad by transferring appropriations from various non-personnel accounts yet to be determined, to the Department of Fire and Rescue Budget Fund, Department, Account and Organization Number; and for other purposes.  (Held 7/30/08 by the Committee for further review.)

08O1688(19)           An Ordinance by Councilmember Ceasar Mitchell to amend the FY 2009 (General Fund) Budget to reopen and maintain Atlanta Fire Station No. 7 by transferring appropriations from various Consulting, Supply, Travel and other Non-Personnel Accounts yet to be determined to the Department of Fire and Rescue Budget Fund Department Account and Organization Number; and for other purposes.  (Forwarded with no recommendation by Finance/Executive Committee 8/27/08; Referred to Finance/Executive Committee by Full Council 9/2/08; Held 9/10/08 by the Committee for further discussion.)

08R1752(20)           A Resolution by Councilmember Mary Norwood establishing a City of Atlanta Taxation and Service Delivery Technical Advisory Committee; and for other purposes.  (Held 9/10/02 per the Committee to check on the status of the Citizens Service Review Commission and for further discussion.)

08O2034(21)           An Ordinance by Councilmember Cleta Winslow authorizing the Mayor or her designee to accept a Donation in the amount of ____________ from the Atlanta Fire Foundation on behalf of the Atlanta Department of Fire and Rescue to fund the Renovation of Fire Station #7; and for other purposes.  (Held 10/15/08 by the Committee pending a substitute.)

08O2135(22)           An Ordinance by Councilmembers H. Lamar Willis and C. T. Martin as substituted by Finance/Executive Committee to amend Chapter 114 Article IV Division 12 Section 14-379 of the Code of Ordinance of the City of Atlanta so as to provide for Legislative Review for any Reduction in Force by Executive or Legislative Action involving Public Safety and Court Employees; to waive conflicting ordinances; and for other purposes.  (Held 10/29/08 per direction of the Committee for consideration at a later Committee Meeting; Substituted and held 11/12/08.)

08O2257(23)           An Ordinance by Councilmember C. T. Martin to amend Article “V” Classification Plan, Section 114-477, of the Code of Ordinances, City of Atlanta, Georgia, so as to create a Classification and Position of Economist; and for other purposes.  (Held 11/12/08 per Committee for discussion by CFO with the author and for further review.)

09O0098(24)           An Ordinance by Councilmember Howard Shook rescinding all permits given by the City of Atlanta regarding 4141 Wieuca Road; and for other purposes.  (Held 1/14/09 at the request of the Committee.)

09R0183(25)           A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Motorola, Inc. utilizing the State of Georgia Technology Authority Agreement No. 980-280008 for the purchase of a Georgia Global Positioning System Two-Way Radio Communication Equipment, on behalf of the Department of Watershed Management, Office of Safety and Security, in an amount not to exceed $375,750.00; all contracted work will be charged to and paid from Fund, Department Organization and Account Number 5052 (Water & Wastewater Revenue) 170902 (DWM Watershed Safety) 5212001 (Consulting/Professional) 1555000 (Risk Management); and for other purposes.  (Held 1/28/09 at the request of the Department of Watershed Management for further review.)

09O0203(26)           An Ordinance by Councilmember Ceasar C. Mitchell to amend Chapter 62, Article II, Section 62-46 of the Code of Ordinances of the City of Atlanta, Georgia (Entitled “Pretrial Diversion Fee”) so as to specify the General Fund uses for which the fees shall be allocated; to waive conflicting ordinances; and for other purposes.  (Held 1/28/09 per the Committee for further discussion.)

09R0263(27)           A Resolution by Councilmember Ivory Lee Young, Jr. authorizing the Mayor or her designee to enter into an amendment to the Intergovernmental Agreement (IGA) authorized by Resolution 08-R-1694 with the Atlanta Development Authority so as to ensure that the expenditure of Westside TAD Funds through In Rem action can be used to affect not only the demolition but also the Clean and Close of structures located within the English Avenue Neighborhood identified as abandoned and/or dilapidated by the Bureau of Code Compliance; and for other purpose.  (Held 2/11/09 at the request of the author for additional clarification.)

09R0264(28)           A Resolution by Councilmembers H. Lamar Willis and Jim Maddox proposing the creation of the Southwest Atlanta Community Improvement District as authorized by the General Assembly of the State of Georgia in the Atlanta Community Improvement District Act, contingent upon the consent of the majority of the owners of real property within the District boundaries; and for other purposes.  (Held 2/11/09 at the request of the author for additional consideration.)

09R0270(29)           A Resolution by Councilmember Mary Norwood requesting the Department of Finance to provide a report to the Full Council regarding the Plan of Financing for Department of Watershed Projects to be funded by Commercial Paper; and for other purposes.  (Held 2/11/09 per the Committee to allow the Watershed Commissioner the opportunity to confer with the author for clarification.)

09O0271(30)           An Ordinance and Charter Amendment by Councilmembers C. T. Martin, Mary Norwood, Anne Fauver, Ivory L. Young, Jr. and Natalyn Archibong 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 create a new Section 3-502.1 (Entitled “Ordinance required to impose furloughs on certain public safety employees”) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et seq.) approved April 15, 1996, as amended, which shall provide that an Ordinance adopted by a majority vote of the Council shall be required in order to impose furloughs on certain public safety employees; to repeal conflicting Ordinances and Charter Amendments; and for other purposes. (1^st Reading 2/2/09; 2^nd Reading, 1^st Adoption) (Held 2/11/09 per the Committee for further review and discussion.)

09O0372(31)           An Ordinance by Councilmember C. T. Martin amending Section 114-429 (Voluntary Shared Leave Program) of the City of Atlanta Code of Ordinances for the purpose of allowing employees to donate accrued leave (sick or annual) to eligible employees in need of a donation prior to that individual having to exhaust all of their own leave; and for other purposes.  (Held 2/25/09 at the request of the author for further research and discussion.)

09O0377(32)           An Ordinance by Councilmember Clair Muller as substituted by Finance/Executive Committee to transfer $50,000.00 from District 8 Councilmember Expense Account to the Department of Public Works Office of Transportation to be used to assist in funding portions of the Peachtree Battle Neighborhood Intersection Project; and for other purposes.  (Held 2/25/09 by the Committee for additional information; Substituted and held 3/11/09.)

09O0386(33)           An Ordinance by Councilmember C. T. Martin and the Atlanta City Council authorizing the Chief Financial Officer to transfer funds from each Councilmember Account, as designated by individual Council Member, to cover the cost of hiring a consultant to write grant requests on behalf of the Department of Police and the Department of Fire and Rescue; and for other purposes.  (Held 2/25/09 by the Committee for additional information to be provided by the Department.)

09O0803(34)           A Substitute Ordinance by Finance/Executive Committee amending Atlanta Code of Ordinances Chapter 46, entitled “Civic and Cultural Affairs”, by adding a new Article IV that shall be entitled Entertainment Filming Fees; and for other purposes.  (Held 5/13/09 by the Committee for additional consideration and discussion.) (Public Hearing held 5/13/09.)

09R0817(35)           A Resolution by Councilmember Clair Muller creating the position of City Council Fiscal Review Manager, a position on the Council Staff that will review all legislation that will have a fiscal impact.  (Held 4/29/09 at the request of the author for further review.)

09O0818(36)           An Ordinance by Councilmember Howard Shook to repeal Subparagraph (k) (5) of Section 2-36 and Subparagraph (e) of Section 2-39 of the Code of Ordinances of the City of Atlanta, Georgia so as to eliminate the “Cash Carry Forward” provision related to the Expense Accounts and Appropriations of the Council President and Councilmembers; to waive conflicting ordinances; and for other purposes.  (Held 4/29/09 by the Committee for further discussion.)

09O0820(37)           An Ordinance by Councilmember H. Lamar Willis to amend Article “V” Classification Plan, Section 114-477 of the Code of Ordinances, City of Atlanta, Georgia, so as to create certain positions; and for other purposes.  (Held 4/29/09 by the Committee for further discussion.)

09O0821(38)           An Ordinance by Councilmembers Carla Smith and Cleta Winslow to (1) amend the Master Indenture of Trust with respect to the City of Atlanta Tax Allocation Bonds (BeltLine Project) to provide for BeltLine Tax Allocation Increments to include amounts calculated based upon taxes levied by the Board of Education of the City of Atlanta as security for BeltLine Bonds, (2) provide for the issuance and sale of Tax Allocation Bonds (BeltLine Project), Series 2009 (or other designated series), in an aggregated principal amount not to exceed $200,000,000.00 in multiple series, from time to time, for the purpose of (A) Prepaying Certain Obligations of the City due in respect of the BeltLine Project pursuant to an Intergovernmental Agreement with the Downtown Development Authority, (B) refunding certain previously issued Series 2008 Tax Allocation Bonds and (C) providing funds to pay, or to be applied or contributed toward, the payment of other redevelopment costs identified herein (The “Series 2009 Projects”), (3) authorize paying expenses incident to accomplishing all of the foregoing, (4) authorize the execution of financing documents in respect of the refunding and the projects in the BeltLine TAD including the 2009 Projects, including a Second Supplemental Indenture of Trust with respect to the Series 2009 Bonds and a Bond Purchase Contract, and (5) authorize certain other related actions, all in connection with the issuance and sale of the foregoing described series 2009 Bonds; and for other purposes.  (Held 4/29/09 by the Committee for further discussion.)

09O0911(39)           A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor or her designee, on behalf of the City, to anticipate and appropriate funds donated by Legends to the City of Atlanta’s Office of Recreation; and for other purposes.  (Substituted and held 5/27/09 per the Commissioner of Parks, Recreation and Cultural Affairs for further review.)

I.          ITEM(S) NOT ON AGENDA

J.         ADJOURNMENT

 
PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AGENDA

PUBLIC SAFETY

AND

LEGAL ADMINISTRATION COMMITTEE

AGENDA

JUNE 9, 2009

A.        ADOPTION OF AGENDA

B.        APPROVAL OF MINUTES

C.        DISCUSSION ITEM

Auditor Report on Police Patrol Officer Availability, Leslie Ward, the City Auditor

CONSENT

D.        RESOLUTIONS

Claims with favorable recommendations:

09R1018( 1)            Claim of Tamiere Cuthbert, through her attorney, Heather A. Thorpe, for damages alleged to have been sustained as a result of an automobile accident on July 24, 2008 at Boulevard, SE and Rosalia Street, SE.                                   $15,000.00

09R1019( 2)            Claim of Carline Adrien, through her attorney, Richard D. Hobbs, for damages alleged to have been sustained as a result of an automobile accident on December 4, 2007 at Auto Port Drive and Airport Boulevard.                                                 $10,000.00

09R1020( 3)            Claim of Carla J. Scott, for damages alleged to have been sustained as a result of a trip and fall in an uncovered water meter on October 27, 2007 at 752 Cooper Street, SW.   $2,000.00

09R1021( 4)            Claim of Atlanta Gas Light Company c/o John Williams, Esq., for damages alleged to have been sustained when a gas line was severed during a sewer excavation project on November 9, 2008 at 4151 North Stratford Road, NE.                               $1,694.06

09R1022( 5)            Claim of DeAndre LeVarity, for vehicular damages alleged to have been sustained due to an automobile accident on January 15, 2009 at Joseph E. Lowery Boulevard, NW and Joseph E. Boone, NW.                                                                            $1,400.00

09R1023( 6)            Claim of Melma Reid, for damages alleged to have been sustained as a result of a vehicular accident on February 26, 2008 at 1128 Harwell Street.         $1,238.00

09R1024( 7)            Claim of Liberty Mutual, as subrogee of Ozella Booker, for damages alleged to have been sustained as a result of an automobile accident on August 27, 2008 at Hosea L. Williams Drive and Mayson Avenue.                                                    $1,192.24

09R1025( 8)            Claim of Sara Murray, for vehicle damages alleged to have been sustained as a result of a sewer backup on February 3, 2009 at 42 Karland Drive.       $1,175.81

09R1026( 9)            Claim of LaWanda Darden, for vehicle damages alleged to have been sustained as a result of a sewer backup on October 26, 2008 at 380 Plainville Drive.       $990.00

09R1027(10)           Claim of William Adkins and Evelyn Stevens, for damages alleged to have been sustained as a result of a vehicular accident on February 24, 2009 at 626 14^th Street.  $976.30

09R1028(11)           Claim of Phillip Plotz, for vehicular damages alleged to have been sustained due to an automobile accident on February 27, 2009 at Moreland Avenue and Euclid Avenue.                                                                                                $895.27

09R1029(12)           Claim of Andrew Sickafoose and Keith Sickafoose, for vehicular damages alleged to have been sustained after driving over a metal plate that was partially covering a construction site on September 1, 2008 at 471 10^th Street, NW.                       $481.00

Claims with unfavorable recommendations:

09R1030(13)           Claim of Fred McFarlin, for damages alleged to have been sustained when a door was broken by firemen on February 9, 2009 at 1865 Wellborne Drive, NE.

09R1031(14)           Claim of Community Developer Outreach Ministry, for damages alleged to have been sustained from a false arrest incident on April 12, 2002 at 741 Griffin Street.

09R1032(15)           Claim of Robert Davis, through his attorney, Ben Gerber, for damages alleged to have been sustained as a result of a sidewalk slip and fall on February 5, 2008 at 17 Andrew Young Boulevard.

09R1033(16)           Claim of Marcus Krejci, for damages alleged to have been sustained as a result of driving over a pothole at Roswell Road at East Andrews Drive on April 2, 2009.

09R1034(17)           Claim of Charania Brothers, LLC, through its attorney, Andrea Cantrell Jones, Esq., Dillard & Galloway, LLC, for damages alleged to have been sustained from trespass on property located on Best Road (Tax Parcel 13-28-LL-095) after the expiration of temporary easements.

09R1035(18)           Claim of Sandra M. Francis, for damages alleged to have been sustained as a result of a trip and fall in an uncovered water meter on February 16, 2009 at 66 Decatur Street.

09R1036(19)           Claim of Tebra Bates, as guardian of SyJuan Bates, a minor, through their attorney, Coatsey Ellison, for damages alleged to have been sustained as a result of a trip and fall incident in an uncovered water meter on September 16, 2006 at 454 Westmeath Drive.

09R1037(20)           Claim of Liberty Mutual, as subrogee of Latesa Askew, for damages alleged to have been sustained as a result of an automobile accident of February 19, 2009 at Sylvan Road and Deckner Avenue.

09R1038(21)           Claim of Dyal Thompson, for damages alleged to have been sustained during a street resurfacing project on February 4, 2009 at 10^th Street and Charles Allen Drive.

09R1039(22)           Claim of Jane J. Waddell, for damages alleged to have been sustained as a result of striking a pothole on January 7, 2009 at 1193 Collier Road.

09R1040(23)           Claim of Dennis Vaughn, through his attorney, Amjad M. Ibrahim, for damages alleged to have been sustained as a result of striking a construction cut on July 10, 2007 at DeKalb Avenue, NE and Hurt Street, NE.

09R1041(24)           Claim of Fredda Heard, through her attorney, Amjad M. Ibrahim, for damages alleged to have been sustained as a result of striking a construction cut on July 10, 2007 at DeKalb Avenue, NE and Hurt Street, NE.

E.        ORDINANCE FOR FIRST READING

09O1045( 1)            An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Section 162-77 (6) so as to specifically allow companies and third parties approved by the Bureau, to administer the examination which all new applicants for driver permits must pass in order to secure their initial permits; and for other purposes.

REGULAR

F.         ORDINANCES FOR SECOND READING

09O0976( 1)            An Ordinance by Pubic Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Division 1, Article II, Section 162-33, entitled “Schedule of Fees”, so as to provide for payment of fees by certified funds; and for other purposes.

09O1068( 2)            An Ordinance by Councilmember C. T. Martin to reauthorize the extension of all permits for vending on Public Property issued in 2003 to December 31, 2009, or until that certain contract between the City of Atlanta and General Growth Properties, Inc. or that entity which responded to the RFP, U. K. – Lasalle LLC, an entity solely owned by GGP Holding II, Inc., has been executed, whichever occurs sooner; to re-impose a Moratorium on the Issuance of Permits to vend on Public Property until December 31, 2009, or until that certain contract between the City of Atlanta and General Growth Properties, Inc. or that entity which responded to the RFP, U. K. – Lasalle LLC, an entity solely owned by GGP Holding II, Inc., has been executed, whichever occurs sooner; to waive conflicting ordinances; and for other purposes.

G.        RESOLUTIONS

09R1042( 1)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Maintenance Agreement with Maximus, Inc., pursuant to FC-6004007843, Automated Court Case Management System, on behalf of the Municipal Court of Atlanta for a period of one (1) year, in an amount not to exceed $132,815.00; all costs to be charged to: Fund, Department, Account and Function Activity: 1001 (General Fund), 190101 (Municipal Court Operations), 5212001 (Consultant Professional Services), 2650000 (Municipal Courts); and for other purposes.

09R1043( 2)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor on behalf of the City of Atlanta Municipal Court, to execute Temporary Service Contracts with thirteen (13) retired City of Atlanta (“City”) Police Officers and four (4) DSI Security Officers, for the purpose of providing Professional Security Services at the Municipal Court of Atlanta for a period of one (1) year, in an amount not to exceed $622,502.00; all costs to be charged to: Fund, Department, Account and Function Activity: 1001, 190101, 5212001, 2650000; and for other purposes.

09R1044( 3)            A Resolution by Public Safety and Legal Administration Committee authorizing the Chief Procurement Officer to utilize the General Services Administration (“GSA”) Contract Number GS-07F-6099R for a Purchase Order to buy specialized equipment on behalf of the Department of Police in an amount not to exceed $102,891.69.  All contracted work shall be charged to and paid from a grant from the Department of Homeland Security; and for other purposes.

H.        PAPERS HELD IN COMMITTEE

06R0433( 1)            Claim of Robert Colgin, for damages alleged to have been sustained as a result of flooding on July 9, 2005 at 3340 Chatham Road, NW. (Referred back by Council 2/20/06) (Held 2/28/06 for further investigation at the request of Councilmember Muller)

06O1044( 2)            An Ordinance by Councilmembers H. Lamar Willis and C. T. Martin to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article 2, Section 162-61(a) and Chapter 162, Article 2, Section 162-34(f) to allow short breaks in service for Taxicabs; to allow the Chief of Police or his designee, discretion to grant further extension for correction slip matters; to repeal conflicting ordinances; and for other purposes.  (Held 5/9/06 at the request of Councilmember Martin)

07O1525( 3)            An Ordinance by Councilmember Joyce Sheperd to amend Section 122-172 under Chapter 122, Article V, Division 2, of the Code of Ordinances, so as to provide for a review by the affected Neighborhood Planning Unit(s) whenever an application for a license to operate a Secondary Metal Recycler is submitted; and for other purposes.  (Held 7/31/07 at the request of the author for further review. 9/25/07 a motion was approved to forward to the NPU’s for review)

07O1795( 4)            An Ordinance by Councilmember H. Lamar Willis to establish Chapter 21 of the Code of Ordinances of the City of Atlanta entitled “Transportation of Hazardous Materials”; to create a new Article I to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007,” to create a new Division 1 to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007”; so as to prohibit large shipments of certain extremely hazardous materials near the City of Atlanta in an effort to reduce the risk of attacks by terrorists; to allow for the issuance of permits authorizing such shipments in special cases; to require the Mayor to issue regulations to implement the provisions of this act; and for other purposes. (Held 8/28/07 for further review.)

07O1879( 5)            An Ordinance by Public Safety and Legal Administration Committee to revise the City of Atlanta Code of Ordinances pertaining to secondary metal recyclers by amending the following Sections of Chapter 122, Article V, Divisions I and II; Section 122-151 (Definitions); Section 122-152 (Records Required); and Section 122-157 (Unlawful Acts); Section 122-171 (Required Application); to add the following new Sections to Chapter 122, Article V, Divisions I and II of the City of Atlanta Code of Ordinances: Section 122-158 (Daily Written Report to Police); Section 122-159 (Offenses; Defenses, Penalty); Section 122-160 (Possessor of Secondary Metals); Section 122-161 (License to Possess Secondary Metals); Section 122-162 (Revocation of License to Possess Secondary Metals); and Section 122-170 (Processing Application; Issuance of License, Possessor of Secondary Metals); to waive conflicting ordinances; and for other purposes.  (Public Hearing held on 10/30/07) (Held 10/30/07 for further review)

07R2294( 6)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to approve or reject the decision of the evaluator presiding in the early neutral evaluation process, an alternative dispute resolution process, in the matter of Veolia Water North America Operating Services, LLC v. City of Atlanta, in the U.S. District Court, Northern District of Georgia, Civil Action No. 06-CV-1457-TWT; and for other purposes.  (Held 10/30/07 for further review)

07O2513( 7)            An Ordinance by Councilmember Ceasar C. Mitchell to amend Ordinance #07-O-2135, adopted October 15, 2007 and approved October 22, 2007, amending Section 10-12 of the City Code, which amendment eliminated the provision allowing persons 18 years of age or older to provide entertainment in any premises licensed for the sale of alcoholic beverages, so as to exempt from said ordinance, those persons currently employed as entertainers with active and valid permits, which will afford such persons a “Grandfathered” status; and for other purposes. (Held 11/27/07 at the request of the author)

08O0190( 8)            An Ordinance by Councilmember H. Lamar Willis to amend Chapter 30, Article II of the City Code of Ordinances to reflect new fees for owners of Adult Entertainment establishments which sell alcohol to provide for certain programs for the prevention of sexual assault; and for other purposes.  (Held 1/29/08 at the request of the author)

08O0507( 9)            An Ordinance by Councilmember Mary Norwood to create a new Section 106-15 of the Code of Ordinances of the City of Atlanta, Georgia, to be entitled “Loitering”; and for other purposes.  (Held 3/11/08 for further review by the Law Department)

08O0824(10)           An Ordinance by Councilmembers Ceasar C. Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, Ivory L. Young, Jr., Kwanza Hall and H. Lamar Willis to amend Article V (Entitled “Offenses by and against Minors”) of Chapter 106 of the Code of Ordinances of the City of Atlanta, Georgia, by creating a new Section 106-229 to be entitled “Day-Time Curfew” so as to impose a Day-Time Curfew on minors, ages six (6) to sixteen (16) years; and for other purposes  (Held 4/29/08 per the Department of Police to have discussion with the Atlanta Board of Education.)

08O0884(11)           An Ordinance by Finance/Executive Committee to amend Chapter 10, Article I, Section 10-1 of the Code of Ordinances, City of Atlanta, Georgia, so as to amend the definition of the word “Restaurant” to more closely reflect the definition of the term “Bona Fide Full-Service Restaurant” contained in Chapter Three of the Official Code of Georgia Annotated; to repeal conflicting ordinances; and for other purposes.  (Held 5/27/08 for further review)

08O1147(12)           A Substitute Ordinance by Public Safety and Legal Administration Committee to amend the Charter of the City of Atlanta, Georgia, adopted under the authority of the Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1 et seq., as amended, to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws, P. 4469, et seq., by amending Article 4, Courts, Sections 4-106 and 4-109 regarding the appointment of Judges Pro Hac Vice to the Municipal Court of Atlanta; to repeal conflicting ordinances; and for other purposes. (Referred back from Council on 3^rd Reading, Final Adoption) (Held 2/24/09)

08O1211(13)           An Ordinance by Councilmembers H. L. Willis, C. T. Martin, Ivory L. Young, Jr. and Mary Norwood to create a separate Department/Organization (Dept/Org) to account for the activity of the Citizen Review Board (CRB); to move funds budgeted in the FY 2008 General Fund Budget in the Police Department’s Public Affairs Unit for the purposes of the CRB; and for other purposes. (Held 6/10/08 for further review)

08O1252(14)           An Ordinance by Councilmember Howard Shook to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 10, Article II, Division 2, Section 10-94(a), to exempt certain properties from the distance requirements of 10-88 for the sale of alcoholic beverages for consumption on the premises; and for other purposes.  (Held 7/1/08 at the request of the Law Department)

08O1289(15)           An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 10, Article II, Division 2, Section 10-61, Entitled “Date for Payment of License Fees; Prorated Fees”, to provide for an expiration date for all licenses issued under Division 2 of Chapter 10, Article II of the City of Atlanta Code of Ordinances; to change the date by which all Annual License Fees and Renewal Applications of all Annual Licenses issued under Division 2 of Chapter 10, Article II of the City of Atlanta Code of Ordinances must be submitted; to provide for prorated fees based upon the new deadline; to set forth that the effective date of this amendment shall be January 2, 2009; to repeal conflicting ordinances; and for other purposes.  (Held 7/15/08 at the request of the Law Department)

08O1538(16)           An Ordinance by Councilmembers Jim Maddox, Joyce Sheperd, Mary Norwood, Ivory Lee Young, Jr., H. Lamar Willis, Kwanza Hall, C. T. Martin, Natalyn Archibong and Ceasar C. Mitchell to amend the Charter of the City of Atlanta, Georgia pursuant to the authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1 et seq., as amended, by amending Section 4-104 (d) so as to provide that for the next Election of Municipal Court Judges, to be held in 2009, if more than seven (7) Judges elect to continue to serve for an additional four year term, only the seven (7) Judges receiving the highest number of votes shall continue to serve; to waive conflicting ordinances and charter amendments; and for other purposes. (Referred by Full Council on 8/18/08) (Held 8/26/08 for a legal opinion.)

08O1544(17)           An Ordinance by Councilman C. T. Martin to amend Section 162-78 (a) (3) and (6) (Taxicabs and Vehicles for Hire) of the Code of Ordinances of the City of Atlanta, Georgia so as to eliminate the Annual Fingerprinting Requirement for Taxicab Drivers and to change the Driver’s Training Course Requirement from annually to every three years; to waive conflicting ordinances; and for other purposes.  (Referred back by Full Council on 8/18/08) (Held 8/26/08 for further review.)

08O1753(18)           An Ordinance by Councilmember Mary Norwood to amend Article XXIV entitled “Vending on Private Property”; and for other purposes.  (Held 9/9/08 for further review.)

08O1760(19)           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.  (Held 9/9/08 for further review.)  (Substituted and held 4/28/09; waiting for the Municipal Court to present its Fiscal Year 2010 Budget.)

08O2436(20)           An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 2, Article XVI, Division 11, Section 2-2211 and Chapter 2, Article XVI, Division 11, Section 2-2212 to provide for the disclosure of public police and corrections documents to the Citizen Review Board; to amend Chapter 98, Article II, Section 98-26(b)(3) and Chapter 98, Article IV, Section 98-153(b)(3) to require the Chiefs of Police and Corrections to appear before the Citizen Review Board upon request and set forth the reasons for delays in internal investigations into their employees’ conduct; and for the other purposes.  (Held 1/13/09 for a 4 week time certain.) (Held 4/28/08 for a work session)

09R0375(21)           A Resolution by Councilmember Anne Fauver supporting and endorsing the proposed Resolution of the Fulton County Commission to restrict the practice of chaining or tethering dogs in Fulton County; and for other purposes.  (Held 2/24/09 in order to forward the ordinance to the NPU’s for review and comment, and to send a letter to Commissioner Pitts from the Public Safety and Legal Administration Committee to defer action until it goes through the City NPU process.)

09O0389(22)           An Ordinance by Public Safety and Legal Administration Committee to amend Section 10-75 (5) of the Code of Ordinances of the City of Atlanta, Georgia (“The Alcoholic Beverage Code”) so as to correct a Code Section reference error contained therein; to waive conflicting ordinances; and for other purposes. (Held 3/10/09 for further review)

09R0621(23)           Claim of Tremayne McReynolds, for damages alleged to have been sustained as a result of a trip and fall incident in an uncovered water meter on July 15, 2008 at 277 Pharr Road, NE. (Referred back by Council 4/20/09) (Held 4/28/09 for further review)

09R0722(24)           Claim of Tracy Dummett, for damages alleged to have been sustained from a police shooting incident on October 16, 2008 at 1500 Langston Avenue.  (Held 4/28/09 at the request of Councilmember Sheperd for further review by the Law Department.)

09O0799(25)           An Ordinance by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to assess a Hazardous Materials Fee for responses which require services and resources from the Atlanta Fire and Rescue Department as a result of a negligent act of commercial contractors or privately owned companies, on behalf of the Atlanta Fire and Rescue Department; and for other purposes.  (Public Hearing held 5/12/09)  (Held 5/12/09, for the completion of the public notification process.)

09O0800(26)           An Ordinance by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to assess a User Fee to non-city residents responsible for the Deployment of Fire and Rescue resources caused by a motor vehicle crash or fire which creates a hazardous condition to the community and/or when Emergency Medical Services are required, on behalf of the Atlanta Fire and Rescue Department; and for other purposes. (Public Hearing held 5/12/09) (Held 5/12/09, for the completion of the public notification process.)

09O0801(27)           An Ordinance by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to assess a Response Fee for providing to Private Emergency Medical Service (EMS) companies, assistance loading, unloading or moving patients on non-emergency alarms on behalf of the Atlanta Fire and Rescue Department; and for other purposes.  (Public Hearing held 5/12/09) (Held 5/12/09, for the completion of the public notification process.)

09R0869(28)           Claim of GEICO Direct, as subrogee of Kristina Diaz, for vehicular damages alleged to have been sustained due to an automobile accident on November 28, 2008 at Piedmont Road, NE and Peachtree Road, NE.                                                 $2,835.80

09O0996(29)           An Ordinance by Councilmembers Cleta Winslow and Jim Maddox 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.  (2^nd Reading, 1^st Adoption) (Held 6/1/09 for further review)

I.          REQUESTED ITEMS

1.         Councilmember Sheperd made a request for a work session on liquor licensing.  (Schedule to be held at the end of July.)

2.         Councilmember Martin made a request for David Edwards to appear before the committee’s next meeting to discuss the Public Property Vending Contract with General Growth Properties. (Third request)

3.         Councilmember Willis made a request to Department of Police Major Williams to provide a briefing on an SOP that would not allow Retired Police Officers to work an extra job.

4.         Councilmember Willis made a request for Staff to contact General Manager Ben DeCosta about the status of the Department of Aviation’s Dispatch Center at the Airport.

5.         Councilmember Winslow made a request for Judge Green to attend next Pre-Briefing.

J.         ITEMS NOT ON THE AGENDA

K.        ADJOURNMENT