FINANCE/EXECUTIVE COMMITTEE AGENDA

FINANCE/EXECUTIVE COMMITTEE

AGENDA

MARCH 11, 2009

A.        ADOPTION OF AGENDA

B.        APPROVAL OF MINUTES

C.        DISCUSSION ITEMS

1.                  Legislative Update - Megan Middleton, Intergovernmental Affairs Manager

2.                  ATLSTAT Demonstration -            David Edwards, Senior Policy Advisor to the Mayor

3.                  2008 Comprehensive Annual financial Report - Jim Glass,   Chief Financial Officer

D.        COMMUNICATIONS

09C0475( 1)            A Communication by Mayor Shirley Franklin appointing Ms. Cassandra Lawson to serve as a Procurement Appeals Hearing Officer for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

CONSENT REPORT

E.        ORDINANCES FOR FIRST READING

09O0453( 1)            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, in line with the 2009 Budget; and for other purposes.

09O0454( 2)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to refund $6,824.00 to Ms. Betty Mapps for overpayment of Sanitary Service Charges for property located at 703 Waterford Rd. Parcel Identification Numbers 1402400001008.

09O0455( 3)            An Ordinance by Finance/Executive Committee to create a special revenue fund to be known as the “Building Permit Technology Surcharge Special Revenue Fund” for the purpose of accounting for proceeds of the Technology Surcharge collected by the Bureau of Buildings as well as for the expenditure of such proceeds as provided herein; and for other purposes.

09O0456( 4)            An Ordinance by Finance/Executive Committee authorizing the Mayor to enter into a Lease Agreement with the Atlanta City Employees Credit Union for approximately 1,068 square feet of office space at 226 Peachtree Street, SE, in Land Lot 77 of the 14^th District of Fulton County, Georgia; and for other purposes.

09O0457( 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 ING Financial Services pursuant to the Atlanta City Charter § 6-402 and to ratify prior services performed by ING Financial Services since January 1, 2008 for FC-7339-01, Defined Contribution Plan, on behalf of the Department of Finance, in an amount not to exceed $60,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number 1001 (General Fund) 5212001 (Consultant/Professional Services) 1580000 (Unallocated Fund Wide Expenses); and for other purposes.

09O0458( 6)            An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $63,760,000.00 from the Westside Tax Allocation District (TAD) Bond Series 2008B; and for other purposes.

09O0459( 7)            An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $64,500,000.00 from the BeltLine Tax Allocation District (TAD) Bond Series 2008; and for other purposes.

09O0460( 8)            An Ordinance by Finance/Executive Committee to amend the 2009 Budget (Community Development Fund) by adding to anticipations and appropriations in the amount of $12,316,082.00 under the Neighborhood Stabilization Program (NSP); and for other purposes.

09O0461( 9)            An Ordinance by Finance/Executive Committee amending the Fiscal Year 2009 Budget by adding to anticipations and appropriations in Fiscal Year 2009 an additional funding amount of $30,885.10 from interest earnings accumulated from the escrow account from the Solid Waste Management Refunding Bond Series 2008 for the purpose of debt service; and for other purposes.

09O0462(10)           An Ordinance by Finance/Executive Committee amending the 2009 General Government Capital Outlay Fund Budgets in the Departments of Public Works, Police. Fire Rescue, Parks, Recreation and Cultural; Affairs, and Planning and Community Development by transferring $275,000.00 from the Reserve Appropriations Account (3502 200301 5999901 1540000) for the purpose of authorizing a City-wide Impact Fee Study pursuant to FC-6007000050 which is to be administered by the Department of Planning and Community Development; and for other purposes.

09O0463(11)           An Ordinance by Finance/Executive Committee amending the 2009 General Government Capital Outlay Fund Budget Department of Planning and Community Development by transferring between accounts the current balance of $349,000.00 representing the Technology Surcharge Fees collected pursuant to 08-O-0875 in connection with Building Permit Applications reviewed by the Bureau of Buildings.

REGULAR REPORT

F.         ORDINANCES FOR SECOND READING

09O0288( 1)            An Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the City, to accept local assistance grants in an amount not to exceed $105,000.00 from the Georgia Department of Community Affairs; and amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Grant Services, by adding to anticipations and appropriations in an amount not to exceed $105,000.00 of grant funds from the Georgia Department of Community Affairs for the purpose of assisting local nonprofit organizations to provide services to the Atlanta area; and for other purposes.

09O0477( 2)            An Ordinance by Councilmembers Felicia Moore, Joyce Sheperd, Ceasar C. Mitchell, Anne Fauver, H. Lamar Willis, Ivory Lee Young, Jr., Clair Muller, Howard Shook, Cleta Winslow, Kwanza Hall, Jim Maddox, C. T. Martin and Mary Norwood to amend the Code of the City of Atlanta, Georgia by adding to Section 2-183(c); Department Heads Under Supervision and Direction of the Mayor; Exception Responsibilities; and for other purposes.

09O0482( 3)            An Ordinance by Councilmembers Howard Shook and Carla Smith to amend Section 7 of Ordinance 08-O-0744 to extend the time in which the City Internal Auditor may complete and release an audit of the Department of Watershed Management to the Atlanta City Council; and for other purposes.

G.        RESOLUTIONS

09R0464( 1)            A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize GSA Contract #GS-35F-0232U for the purchase of a one year (November 2008 thru December 2009) support renewal agreement for Airdefense Wireless Intrusion System from Fishnet Security, Inc. for the City of Atlanta, Department of Aviation in an amount not to exceed $23,610.56.  The software and support purchase will be charged to and paid from FDOA: 5502 (Airport Renewal and Extension Fund), Department 180107 (Department of Aviation, Aviation Information Services), Expenditure 5424004 (Software 5,000+), Functional Activity 7563000 (Airport); and for other purposes.

09R0465( 2)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to renew the Cooperative Purchasing Agreement made pursuant to Section 2-1601 et. seq. of the City of Atlanta Code of Ordinances, utilizing GSA Schedule GS-35F-0009T with Oracle USA, Inc., for Oracle Contract #2016306, RAC Software Licenses and Support for the ERP Application, for 1 year from May 30^th 2009 to May 29^th 2010, on behalf of the Department of Information Technology in the amount not to exceed $46,156.79; all contracted work shall be charged to and paid from Fund, 1001 (General Fund) 050102 (IT Administration) 5410001 (Consultant/Professional Services) 1535000 (Data Processing/Management information System); and for other purposes.

09R0466( 3)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to renew the Cooperative Purchasing Agreement made pursuant to Section 2-1601 et. seq. of the City of Atlanta Code of Ordinances, utilizing GSA Schedule GS-35F-0009T with Oracle USA, Inc., for Oracle Contract #2118646, Oracle Database Software Licenses and Support for the ERP Application, for 1 year from April 8, 2009 to April 7, 2010, on behalf of the Department of Information Technology in the amount not to exceed $54,400.34; all contracted work shall be charged to and paid from Fund, 1001 (General Fund) 050102 (IT Administration) 5410001 (Consultant/Professional Services) 1535000 (Data Processing/Management information System); and for other purposes.

09R0467( 4)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to renew the Contractual Agreement with Dobbs Ram & Company pursuant to the Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, for the Support and Maintenance of the City of Atlanta’s GTE VT-PRISM Law Enforcement Software on behalf of the Department of Information Technology in an amount not to exceed $160,000.00; all contracted work shall be charged to and paid from Fund, Department, Organization and Account Number 1001 (General Fund) 050202 (IT Application) 5213001 (Consultant/Professional Services-Technical) 1535000 (Data Processing/Management information System); and for other purposes.

09R0468( 5)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute renewal Agreement No. 1 with the First Southwest Asset Management, Inc., for FC-6005007955, Arbitrage Rebate Calculation Services, on behalf of the Department of Finance, at a base fee of $1,750.00 per computation year plus additional charges for special services related to various bond issues; all contracted work to be charged to and paid from various capital funds per bond issue; and for other purposes.

09R0469( 6)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute renewal Agreement No. 1 with the First Southwest Company, for FC-6005007958-A, Financial Advisor to the City of Atlanta, on behalf of the Department of Finance, in an amount not to exceed $180,000.00; all contracted work to be charged to and paid from various funds as supported by Department of Watershed Management and other Departments supported by General Obligation Funds; and for other purposes.

09R0470( 7)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Investment Management Advisory Group and Woodward Peachtree Capital Partners, for FC-6005007964, Swap Advisor, on behalf of the Department of Finance, in an amount not to exceed $100,000.00 for one year plus one basis point of yield on each SWAP up to $100,000.00 per SWAP completed for a maximum of $200,000.00 for SWAP Transactions with two or more counterparties; all contracted work to be charged to and paid from Finance Fund, Department Organization and Account Numbers; and for other purposes.

09R0471( 8)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Wachovia Bank, N. A., for FC-6006007879, Banking Services, on behalf of the Department of Finance; the fees associated with each account will be paid from the interest generated from that account, and in the event that the fees exceed the interest earnings, then the fees will be paid from the fund linked to that account; and for other purposes.

09R0488( 9)            A Resolution by Finance/Executive Committee opposing House Bill 406 now being considered by the Georgia General Assembly; and for other purposes.

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.)

07O0623( 3)            An Ordinance by Councilmember Jim Maddox to provide for the Annexation of 4505 Birdie Lane, SW, Atlanta, Georgia, 30331, 0.404 acre of land located in Land Lot 61 of the 14^th District of Fulton County to the Corporate Limits of the City of Atlanta, Georgia; to provide for the notification of the Department of Community Affairs of the State of Georgia of such annexation; and for other purposes.  (Held 3/28/07 to ensure annexation procedures are executed appropriately.)

07O0968( 4)            An Ordinance by Councilmember Jim Maddox to provide for the Annexation of land known as the Orkney/Lanark Drive Community to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes.  (Held 5/16/07 due to State requirement.)

07O0974( 5)            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.)

07O1087( 6)            A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to allow the City to impose a verification/convenience fee in the amount of $4.50 on credit cards users, on-line payment users, electronic check users, or interactive voice response users submitting payments for fees and/or fines imposed by the City of Atlanta such as those associated with Traffic Enforcement and Water and Wastewater City Services; to recover the cost the City pays to third-party vendors to process such payments; all collected funds will be deposited into various Fund, Account and Center Numbers; and for other purposes.  (Held 6/13/07 for NPU notification and Public Hearing 8/1/07; Referred from Full Council 8/20/07; Held 8/29/07 by the Department of Finance for additional clarification.)

07R1904( 7)            A Resolution by Councilmembers Joyce Sheperd and C. T. Martin that encourages members of the United States Congress to support the Employee Free Choice Act which authorizes the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them.  (Held 9/12/07 for further review and clarification on how this impacts the City.)

07R2138( 8)            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( 9)            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.)

08O0295(10)           An Ordinance by Councilmembers H. Lamar Willis, C. T. Martin, Felicia A. Moore, Natalyn Archibong and Ivory Lee Young, Jr. to rescind Ordinance 07-O-2410; and for other purposes.  (Held 2/13/08 pending information from the Department of Personnel and Human Resources.)

08O0299(11)           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(12)           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(13)           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(14)           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(15)           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(16)           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(17)           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(18)           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(19)           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(20)           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.

08O1233(21)           An Ordinance by Councilmembers Felicia A. Moore, Carla Smith, Joyce M. Sheperd, H. Lamar Willis, C. T. Martin, Natalyn Archibong, Ivory Lee Young, Jr., Ceasar C. Mitchell, Howard Shook, Clair Muller and Kwanza Hall to require notice in City Contracts regarding the requirements for Legislative Authorization in advance of rendering services or demand for payment; and for other purposes.  (Held 6/11/08 at the request of the Committee to allow Law Department to provide additional information.)

08O1446(22)           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(23)           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(24)           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(25)           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(26)           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(27)           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.)

08R2108(28)           A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Contractual Agreement with Iron Mountain to provide for the Removal of all Records from City Hall East and to store the City’s Records in accordance with the various approved retention schedules; said expenses associated with this contract shall be charged to 1001 (General Fund) 200313 (NDP Records Management) 5212001 (Consultant/Professional Services) 1580000; and for other purposes.  (Held 10/29/08 for further review and a substitute with additional information.)

08O2135(29)           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(30)           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.)

08O2406(31)           An Ordinance by Finance/Executive Committee, a Fourteenth Supplement Bond Ordinance, supplementing the restated and amended Master Bond Ordinance of the City of Atlanta adopted on March 20, 2000 (99-O-1896), as previously amended and supplemented, particularly as supplemented specifically by that certain amended and restated Third Supplemental Bond Ordinance of the City of Atlanta adopted on May 19, 2003 providing for, among other things, the issuance and delivery of the City of Atlanta Variable Rate Airport General Revenue Refunding Bonds Series 2003RF‑B and the City of Atlanta Variable Rate Airport General Revenue Refunding Bonds Series 2003RF‑C; to authorize the cancellation of the existing MBIA Financial Guaranty Insurance Policy insuring said Series 2003RF Bonds and approving the form and authorizing the execution of a Cancellation Agreement; to authorize the acceptance by the City of a commitment to issue a Financial Guaranty Insurance Policy from Assured Guaranty Corp. and approving the form and authorizing the execution of an Insurance and Indemnity Agreement; to provide for a revised form of said Series 2003RF Bonds and for the execution of said Series 2003RF Bonds; to approve the form and authorize the execution of amendments to standby Bond Purchase Agreements between the City and the banks providing liquidity support for said Series 2003RF Bonds; to authorize the termination of the Interest Rate Exchange Agreements between the City and certain counterparties in connection with said Series 2003RF Bonds and approving the form and authorizing the execution of such other instruments and documents necessary or desired in connection with the termination of such Interest Rate Exchange Agreements; granting the Mayor the authority to approve and execute such other instruments and documents necessary or desired in connection with the cancellation of the MBIA Financial Guaranty Insurance Policy and the substitution of the Financial Guaranty Insurance Policy from Assured Guaranty Corp. and providing for incidental action; authorizing certain officials and employees of the City to take all actions required in connection with the cancellation of the MBIA Financial Guaranty Insurance Policy and the substitution of the Financial Guaranty Insurance Policy from Assured Guaranty Corp.; providing certain other details with respect thereto; providing for severability; providing an effective date; and for other purposes.  (Held 1/14/09 at the request of the Committee.)

09O0098(32)           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.)

09R0182(33)           A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract GTA000119 with Ricoh Americas Corporation for the lease of four (4) MP3350SPF Copiers/Printers for a period of thirty-six (36) months in an amount not to exceed $57,140.64 with all contracted work being charged to and paid from FDOA: 5401 (Solid Waste Services Revenue) 130201 (DPW Solid Waste Administration) 5222002 (Repair & Maintenance); and for other purposes.  (Held 1/28/09 per the Committee for answers to member questions.)

09R0183(34)           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(35)           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.)

09R0259(36)           A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia, Georgia Technology Contract #980-280008 for the purchase of a Motorola Turnkey Solution including Radios and Software for City of Atlanta, Department of Aviation; in an amount not to exceed $173,891.16.  Equipment purchased will be charged to and paid from FDOA 5502 (Airport Renewal and Extension Fund), Department 180107 (Department of Aviation, Aviation Information Services), Expenditure 5410001 (Consulting/Professional Services), Functional Activity 7563000 (Airport); and for other purposes.  (Held 2/11/09 per the Committee for further discussion.)

09R0263(37)           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 effect 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(38)           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(39)           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(40)           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.)

09O0277(41)           A Substitute Ordinance by Finance/Executive Committee to ratify and affirm that certain Interdepartmental Memorandum of Understanding between the Department of Finance and the Department of Watershed Management dated December 23, 2008, establishing the terms and conditions for the repayment of an obligation owed by the General Fund to the Watershed Management Enterprise Fund; and for other purposes.  (Substituted and held 2/25/09 by the Committee for additional information.)

09O0278(42)           An Ordinance by Finance/Executive Committee to ratify and affirm that certain Interdepartmental Memorandum of Understanding between the Department of Finance and the Department of Watershed Management dated January 12, 2009, establishing the terms and conditions for calculating and assessing PILOT and Franchise Fees, and offsetting outstanding water and sewer charges between the General Fund and the Department of Watershed Management Enterprise Fund; and for other purposes.  (Held 2/25/09 by the Committee for additional information.)

09R0302(43)           A Resolution by Finance/Executive Committee authorizing the Mayor to enter into Grant Agreements with the State of Georgia Department of Community Affairs, enabling the City to accept local assistance grants not to exceed a total amount of $200,000.00.  (Held 2/25/09 by the Committee pending action taken on companion paper 09-O-0288.)

09R0369(44)           A Resolution by Councilmember Jim Maddox authorizing the Mayor to execute an agreement with the Atlanta Development Authority (ADA) regarding the management and implementation of the activities and programs of the Advisory Committee on International Relations (ACIR); and for other purposes.  (Held 2/25/09 at the request of the author for further review.)

09O0370(45)           An Ordinance by Councilmember Jim Maddox to amend Section 2-1982 of the Code of Ordinances of the City of Atlanta, Georgia, pertaining to the Advisory Committee on International Relations (ACIR), so as to expand the scope of the purpose of ACIR; to waive conflicting ordinances; and for other purposes.  (Held 2/25/09 at the request of the author for further review.)

09O0371(46)           An Ordinance by Councilmember Jim Maddox and the Atlanta City Council requiring Council approval authorizing the use of funds received in conjunction with the Federal Economic Stimulus Package; and for other purposes.  (Held 2/25/09 at the request of the author for further discussion.)

09O0372(47)           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(48)           An Ordinance by Councilmember Clair Muller 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.)

09O0378(49)           An Ordinance by Councilmembers Felicia A, Moore, H. Lamar Willis, Mary Norwood, Jim Maddox, Clair Muller, Kwanza Hall, C. T. Martin, Anne Fauver, Howard Shook, Carla Smith and Joyce Sheperd to amend Chapter 3, Section 6-304, Budget Amendments, of the Code of Ordinances, City of Atlanta, Georgia, so as to add a new

Sub-Section (e) requiring Council approval of interdepartmental transfer of appropriations within, from or to the City’s Total Investment Portfolio; and for other purposes.  (Held 2/25/09 by the Committee pending development of policy for monthly reporting.)

09O0386(50)           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.)

I.                   ITEMS NOT ON AGENDA

J.         ADJOURNMENT

 
PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AGENDA

PUBLIC SAFETY

AND

LEGAL ADMINISTRATION COMMITTEE

AGENDA

MARCH 10, 2009

A.        ADOPTION OF AGENDA

B.        APPROVAL OF MINUTES

C.        DISCUSSION ITEMS

Update on the activities of the Restorative Boards - Regina Cannon

Update on Public Vending Plan – David Edwards, Mayor’s Office

CONSENT

D.        RESOLUTIONS

Claims with favorable recommendations:

09-R-0420 ( 1)            Claim of Steven T. Higginbottom, for vehicular damages alleged to have been sustained from driving over a metal plate that was partially covering a sanitary sewer construction site on December 13, 2008 at 1630 DeKalb Avenue, NE.                $793.73

09-R-0421 ( 2)            Claim of Courtney Russell, for vehicular damages alleged to have been sustained from driving over a metal plate that was partially covering a sanitary sewer construction site on January 9, 2009 at 1644 DeKalb Avenue, NE.                      $821.85

09-R-0422 ( 3)            Claim of Karen Bynoe and Anthony Philippe, for vehicular damages alleged to have been sustained after driving over a metal plate that was partially covering a sanitary sewer construction site on January 6, 2009 at Fort Street and Auburn Avenue.      $844.00

09-R-0423 ( 4)            Claim of Travelers Insurance Company, as subrogee of Pineapple House Interior, for damages alleged to have been sustained as a result of a vehicular accident on January 3, 2008 at 1646 Monroe Drive.                                                            $971.13

09-R-0424 ( 5)            Claim of Allan C. Vella, for vehicular damages alleged to have been sustained from driving over a metal plate that was partially covering a sanitary sewer construction site on December 15, 2008 at 1630 DeKalb Avenue, NE.                                  $1,218.07

09-R-0425 ( 6)            Claim of Thomas E. Park, for vehicular damages alleged to have been sustained from driving over a metal plate that was partially covering a sanitary sewer construction site on January 2, 2009 at 1644 DeKalb Avenue, NE.                      $2,085.64

09-R-0426 ( 7)            Claim of Tim Daniel, for damages alleged to have been sustained as a result of an automobile accident on April 17, 2008 at 2 Joseph E. Lowery Boulevard.          $3,685.00

Claims with unfavorable recommendations:

09-R-0427 ( 8)            Claim of ADI Financial Services, Inc., through its attorney, John Ayoub, Esq., Ayoub & Mansour, LLC, for damages alleged to have been sustained due to a breach of contract regarding recovery of revenue funds owed to the City on an unspecified date at 55 Trinity Avenue, SW.

09-R-0428 ( 9)            Claim of Algorithm Construction and Development, Inc., through its attorney, Jere Wood, Esq., Wood and Perry, for damages alleged to have been sustained due to a breach of contract from January 1, 2007 through July 17, 2007 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

09-R-0429 (10)           Claim of Mark Orlandela, through his attorney, Law Office of Donald W. Singleton, LLC, for bodily injuries alleged to have been sustained after stepping into a hole in the sidewalk that was under construction on November 5, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

09-R-0430 (11)           Claim of Mark and Leanza Steines, on behalf of their minor child, Avery James Steines, through their attorney, Daniel A. Ragland, Esq., Ragland & Jones, LLP, for bodily injuries alleged to have been sustained from an escalator injury on July 30, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

09-R-0431 (12)           Claim of Larry and Melinda Sigmon, on behalf of their minor child, Andrew Dawit Sigmon, through their attorney, Daniel A. Ragland, Esq., Ragland & Jones, LLP, for bodily injuries alleged to have been sustained from an escalator injury on July 29, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

09-R-0432 (13)           Claim of Pierre Putman, through his attorney, Kenneth S. Nugent, P.C., for bodily injuries alleged to have been sustained from an accident involving a MARTA employee on October 15, 2008 on Covington Highway.

09-R-0433 (14)           Claim of Monta V. Lewis, for vehicular damages alleged to have been sustained from driving over a fallen tree on August 3, 2008 at Lindbergh Drive, NE and Parkside Drive, NE.

09-R-0434 (15)           Claim of Jewel O. Pyle, for bodily injuries alleged to have been sustained from an automobile accident on March 23, 2007 at Central Avenue and Ralph David Abernathy Boulevard.

09-R-0435 (16)           Claim of David Howard, for damages alleged to have been sustained as a result of striking a sewer manhole on November 26, 2008 at 695 Charlotte Place.

09-R-0436 (17)           Claim of Merissa Y. McGowan, for damages alleged to have been sustained as a result of striking a construction cut in the roadway on December 7, 2008 at 385 Marietta Street.

09-R-0437 (18)           Claim of Slater Lock, for vehicular damages alleged to have been sustained from driving over a dip in the roadway on November 9, 2008 at Ellis Street and Piedmont Avenue, NE.

09-R-0438 (19)           Claim of Glenn D. Fite, Sr., for damages allegedly sustained as a result of driving over an unsecured construction cut on December 10, 2008 at Spring Street and Linden Avenue.

09-R0439 (20)             Claim of Reginald Talton, through his attorney, James Brantley, for damages alleged to have been sustained as a result of an arrest on October 8, 2007 and October 11, 2007 in Sandy Springs.

09-R-0440 (21)           Claim of Ameriprise Insurance Company, as subrogee of Nicholas White and Efrosimi White, for damages allegedly sustained as a result of driving over an unsecured construction cut on June 30, 2008 at 1161 East Rock Springs Road.

09-R-0441 (22)           Claim of Marianne McCullough, for damages allegedly sustained as a result of driving over an unsecured metal plate on July 31, 2008 at Monroe Drive and Armour Drive.

09-R-0442 (23)           Claim of Bridgette Adams, et al., through their attorney, Michael H. Cummings, II, for damages alleged to have been sustained as a result of the termination of claimants’ water service in June 2008 at Colony Square Apartments and Southern Trace Apartments.

09-R-0443 (24)           Claim of Nasser Zohoury, through his attorney, Nathaniel H. Blackmon, III, for damages alleged to have been sustained as a result of the termination of water service on June 30, 2008 and July 8, 2008 at Colony Square Apartments and Southern Trace Apartments.

09-R-0444 (25)           Claim of Westrix Corporation, for damages alleged to have been sustained as a result of a sanitary sewer backup on March 31, 2005 at 1465 Howell Mill Road, NW.

09-R-0445 (26)           Claim of Dr. Thomas Coffin, through his attorney, Brian Spears, for damages alleged to have been sustained as a result of the termination of employment on July 29, 2008 at 55 Trinity Avenue, SW.

09-R-0446 (27)           Claim of Janet Damond, for damages alleged to have been sustained as a result of a trip and fall incident on an unsecured water meter lid on December 21, 2008 at 2290 Swallow Circle.

09-R-0436 (28)           Claim of Ronald Floyd, II, for damages alleged to have been sustained as a result of striking a construction cut in the roadway on December 24, 2008 at 385 Marietta Street.

E.        ORDINANCE FOR FIRST READING

09O0412( 1)            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 Byne Discretionary Grant; and for other purposes.

REGULAR

F.         COMMUNICATIONS

09C0390( 1)            A Communication by Mayor Shirley Franklin re-appointing Ms. Darlene M. Trigg to serve as a Taxicabs and Vehicles for Hire Hearing Officer for the City of Atlanta.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (To expire 9/07/2010)

09C0391( 2)            A Communication by Mayor Shirley Franklin re-appointing Mr. John Sparks to serve as a Taxicabs and Vehicles for Hire Hearing Officer for the City of Atlanta.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (To expire 6/19/2010)

09C0392( 3)            A Communication by Mayor Shirley Franklin re-appointing Mr. Shelley B. Stanley to serve as a Taxicabs and Vehicles for Hire Hearing Officer for the City of Atlanta.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (To expire 6/17/2010)

G.        ORDINANCES FOR SECOND READING

08O2296( 1)            An Ordinance by Public Safety and Legal Administration Committee amending Chapter 162, Article II, Division 5, Section 162-118, subsection (a), of the Code of Ordinances of the City of Atlanta, on behalf of the Department of Police, Bureau of Taxicabs and Vehicles for Hire, for the purpose of creating an initial airport fare for all taxicab trips originating from Hartsfield-Jackson Atlanta International Airport; and for other purposes.  (Referred back by Council 3/2/09)

09O0389( 2)           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.

H.        RESOLUTIONS

09R0413( 1)            A Resolution by Public Safety and Legal Administration Committee authorizing the City Attorney to negotiate settlement terms for the lawsuit styled Kingdom First Ministries v. City of Atlanta, Georgia, Civil Action No. 1:08-CV-3100, United States District Court, Northern District of Georgia, with the amount of any payment by the City not to exceed $160,000.00; authorizing the Chief Financial Officer to distribute the final settlement amount; and for other purposes.

09R0414( 2)            A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of Andrew M. Capron and Kirsten Valentino v. The City of Atlanta, Georgia Civil Action File No. 2007CV144123, in the amount of $1,250,000.00; 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.

09R0415( 3)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to donate the existing Fire Safety House to the Union County Fire Department as part of the stipulation in the Grant Agreement when awarded a new Fire Safety House from the Federal Emergency Management Agency on behalf of the Atlanta Fire Rescue Department; and for other purposes.

09R0416( 4)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant on behalf of the Municipal Court of Atlanta from a foundation in an amount not to exceed $250,000.00; to support continuation of the Women for Women Program to provide incarcerated women at the Atlanta City Detention Center with a support program that includes both peer and professional support and counseling services to assist women in the Detention Center to break the cycle of destructive behavior, including drug dependency, in order to provide them with the opportunity to turn their lives around; and for other purposes.

09R0417( 5)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant on behalf of the Municipal Court of Atlanta from the United States Department of Justice in an amount not to exceed $250,000.00 to be matched with not more than $100,000.00; and to authorize the Mayor to apply for and accept foundation funding to supply the matching funds for a Comprehensive Justice and Mental Health Collaboration Program; and for other purposes.

09R0418( 6)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant on behalf of the Municipal Court of Atlanta from the United States Department of Justice in an amount not to exceed $2,000,000.00; with no match required for a Youth Mentoring Program under the National Youth Mentoring Program; and for other purposes.

09R0419( 7)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to amend the Scope of Services with Sentinel Offender Services, LLC and enter into a one (1) year Renewal Agreement with Sentinel Offender Services, LLC for FC-6005007967, Privatized Probation Services, a revenue generating contract; all funds generated under this contract shall be deposited into the applicable General Fund Revenue Accounts and Agency Fund Liability Accounts; and for other purposes.

I.          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)

07O0249( 3)            An Ordinance by Councilmembers Kwanza Hall and Cleta Winslow authorizing the Mayor or her designee to grant an exemption to the City’s Distance Requirements for on-premise consumption of alcohol and the sale of wine by the package on the 300 block of Walker Street.  (Held 2/13/07 for further review)

07O1525( 4)            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( 5)            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( 6)            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( 7)            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( 8)            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( 9)            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(10)           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(11)           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.)

08O0843(12)           An Ordinance by Councilmember Natalyn M. Archibong amending Sections 10-1, 10-88 and 10-88.1 of the Code of Ordinances of the City of Atlanta, by adding a paragraph to define the term “Specialty Food Shop” and by adding and amending paragraphs to create distance requirements for same; and for other purposes.  (Held 4/29/08 for two week certain per the author to have a discussion with the Law Department.) (Brought forward, discussed and continued to held 12/9/08.)

08O0884(13)           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(14)           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(15)           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)

08O1230(16)           An Ordinance by Councilmember Kwanza Hall as substituted by Public Safety and Legal Administration Committee to amend Sections 10-1, 10-62 and 10-88 to Chapter 10 of the Code of Ordinances, City of Atlanta, Georgia, so as to create a new category of Alcoholic Beverage License for Community Theatres; to make such Community Theatres exempt from the distance requirements contained in Section 10-88; and for other purposes.  (Held 6/10/08) (Substituted and held 7/1/08 for further review)

08O1252(17)           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(18)           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(19)           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(20)           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(21)           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(22)           An Ordinance by Councilmembers Jim Maddox, C. T. Martin, Cleta Winslow, H. Lamar Willis, Ceasar Mitchell, Ivory L. Young, Jr., Kwanza Hall, Clair Muller to create a new Section 62-27.1 of the Code of Ordinances of the City of Atlanta, Georgia, which section shall provide that effective January 1, 2010, 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.)

08O2436(23)           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.)

09R0138(24)           Claim of Atlanta Housing Authority, for damages alleged to have been sustained as a result of an automobile accident on August 5, 2008 at 596 Waynes Court, SE.     $3,000.00

(Held 1/27/09 at the request of Councilmember Willis.)

09R0354(25)           Claim of Alberta Stephenson, for damages alleged to have been sustained as a result of a vehicular accident on February 1, 2007 at Joseph E. Lowery Boulevard at Interstate 20 exit.  (Held 2/24/09 at the request of a Councilmember)

09R0375(26)           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.)

J.         ITEMS NOT ON THE AGENDA

K.        REQUESTED ITEMS

1.           Councilmember Martin made a request to form a sub-committee to study ways to reduce crime in the City of Atlanta.

2.         Councilmember Sheperd made a request for a work session on liquor licensing.

L.        ADJOURNMENT

 
Questions or Comments for City Council
Peter Ryan (pryan (at) atlantaga.gov)