Atlanta city council minutes november 16, 1998



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Committee Chairperson Morris noted a potential conflict of interest as his firm did architectural work on the City of Atlanta’s Municipal Court. Therefore, Mr. Morris Abstained from voting on 98-O-2130. Consequently, Committee Vice-Chairperson Bond sounded the item and stated that it needed to be Tabled until the Council’s Special Called Meeting on November 18, 1998. Furthermore, Mr. Bond stated that a Public Hearing was required to be held.



As a result, Acting Council President Pro-Tem Jim Maddox requested a Motion to Suspend the Rules of Council to allow for a Public Hearing. So Moved and Seconded, the Rules were Suspended.
Public Hearing
Within the Public Hearing, Committee Vice-Chairperson Bond asked if anyone from the Public wanted to speak. Hearing no response, Acting Council President Pro-Tem Jim Maddox requested a Motion to Resume the Regular Order of Business. So Moved and Seconded, the Regular Order of Business resumed.

Acting Council President Pro-Tem Jim Maddox Presided
COMMITTEE REPORTS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE (3)

LEE MORRIS, CHAIR
ORDINANCES FOR SECOND READING (CONT’D)
98-O-2130 ( 3)

(Cont’d) Regular Order of Business


Councilmember Maddox announced that a Special-Called meeting would be held on November 18, 1998 at 4:00 p.m. to further address 98-O-2130. Subsequently, 98-O-2130 was TABLED without objection.

TABLED WITHOUT OBJECTION

98-O-2131 ( 4) An Ordinance by Councilmember Michael Bond, Cleta Winslow, Vern McCarty and Jim Maddox providing for: (1) the sale and delivery of City of Atlanta General Obligation Refunding Bonds, dated November 1, 1998; (2) the adoption of a form for such Bonds; (3) the execution of the Bonds, an official statement and an Escrow Agreement with respect to such Bonds; (4) the undertaking of a continuing disclosure commitment with respect to the Bonds; (5) the calling for redemption of the prior Bonds to be refunded; (6) the naming of a paying agent and a Bond Registrar; (7) the levy of a continuing direct annual tax without limit as to rate or amount on all taxable property within the territorial limits of the City sufficient to pay the principal of, redemption premium, if any, and interest on such Bonds; and (8) for other purposes. (Pending a substitute on 11/16/98)


Committee Chairperson Morris sounded the above item and noted that it came forth without Recommendation from the Committee due to a related bond sale taking place on that day. Consequently, a Substitute was to be brought forth filling the blanks on the rates. However, Mr. Morris requested that the Finance Department provide clarification regarding the morning’s sale and the resulting Substitute legislation. Mr. Gary Donaldson, Director of Bureau of Financial Analysis and Auditing responded accordingly. Therefore, Mr. Morris Made a Motion to Bring the Substitute Forward. Properly Seconded, the Substitute was brought forth without objection. Mr. Morris then Made a Motion to Adopt on Substitute. Properly Seconded, the Motion CARRIED by a roll call vote of 9 yeas; 0 nays.

ADOPTED ON SUBSTITUTE BY ROLL CALL VOTE OF 9 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
COMMITTEE REPORTS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE (4)

LEE MORRIS, CHAIR
RESOLUTIONS
98-R-2127 ( 1) A Resolution by Councilmembers Michael Bond, Jim Maddox, Derrick Boazman, “Able” Mable Thomas, Vern McCarty, Julia Emmons and Doug Alexander to enter into an Agreement with Blue Cross Blue Shield of Georgia, Inc.; United Healthcare of Georgia, Inc.; Kaiser Permanente; the Prudential Healthcare Plan of Georgia, Inc.; and Blue Cross Blue Shield of Georgia, Inc./Group Insurance Administration, Inc. a Joint Venture; OHS of Georgia, Inc. for (FC 6318-95) Group Health and Dental Insurance to extend Agreement for Plan Year 1999; establishing premium rates for health and dental insurance for 1999; and for other purposes. (Pending receipt of report from Finance Department 11/16/98)
Committee Chairperson Morris sounded the above item and stated that it came Forth without Recommendation from the Committee. He further stated that the Committee was in need of a report from the Finance Department, which, as of yet, had not been provided. Consequently, Financial Analysis and Auditing Director Gary Donaldson, provided clarification. Councilmember Woolard then Made a Motion to Refer 98-R-2127 Back to Committee. It was properly Seconded and an extensive discussion ensued. Subsequently, the Motion to Refer FAILED with a roll call vote of 4 yeas; 8 nays.
Discussion continued wherein Councilmember Woolard Made a Motion to Amend to delete Section 6 which outlines the portion of costs to be paid by both the employee and the City. Ms. Woolard noted that said sections was the cause of the lengthy debate and therefore such an amendment should allow for the contract to move forward and the deadline to be met. New legislation speaking specifically to shared costs could then be introduced and deliberated upon. The Motion to Amend was subsequently Seconded. The ensuing lengthy discussion concluded with Councilmember Boazman’s Motion to Call the Question, which was properly Seconded and CARRIED by voice vote. The Motion to Amend subsequently FAILED by a roll call vote of 6 yeas; 6 nays.

Acting Council President Pro-Tem Jim Maddox Presided
COMMITTEE REPORTS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE (5)

LEE MORRIS, CHAIR
RESOLUTIONS
98-R-2127 ( 1) Subsequently, Councilmember McCarty Made a Motion

(Cont’d) to Adopt and it CARRIED by a roll call vote of 10 yeas; 2 nays.


At the conclusion of the vote, Councilmembers Muller, Morris, and Bond requested and were allowed Points of Personal Privilege to provide further information on the subject matter of 98-R-2127.
ADOPTED BY ROLL CALL VOTE OF 10 YEAS; 2 NAYS
98-R-2138 ( 2) A Resolution by Councilmembers Derrick Boazman, “Able” Mable Thomas, Cleta Winslow, Jim Maddox, Lee Morris and Felicia A. Moore as amended by Finance/Executive Committee and Full Council to request the Fulton County Board of Commissioners to include certain provisions in the proposed contract to transfer lot blocks of tax executions; to rescind conflicting resolutions; and for other purposes.
Committee Chairperson Morris sounded the above item and noted that it came forth with a Favorable Recommendation from the Committee. However, Mr. Morris noted that an Amendment was prepared and reviewed by the Law Department during the Committee meeting. He, therefore, Moved to Amend. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. In due course, Mr. Morris Made a Motion to Adopt as Amended, which was properly Seconded and CARRIED by a roll call vote of 10 yeas; 0 nays.
ADOPTED AS AMENDED BY ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
COMMITTEE REPORTS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE (6)

LEE MORRIS, CHAIR
RESOLUTIONS (CONT’D)
98-R-2139 ( 3) A Resolution by Councilmembers Derrick Boazman, “Able” Mable Thomas, Cleta Winslow, Michael Bond, Jim Maddox and Felicia Moore in accordance with O.C.G.A. §48-3-19(d) approving each and every parcel of property identified in Exhibit “A” (Attached to this Resolution) to be excluded from any transfer of executions by the Fulton County Tax Commissioner based upon the determination of the Atlanta City Council that such exclusions are in the best interest of the public; to rescind conflicting resolutions; and for other purposes. (Pending receipt of information from Finance Department; Favorable)

Committee Chairperson Morris sounded the above item and noted that the Recommendation from the Committee was Favorable. However, he stated that the Finance Department needed to provide information regarding the total amount of taxes attributable to those particular parcels. Mr. Gary Donaldson responded that the Fulton County Tax office had not provided his office with the requested information yet. However, when such information is received, it would be provided to the Council. A lengthy discussion ensued but ended with Councilmember Woolard’s Motion to Call the Question. Properly Seconded, the Call CARRIED by voice vote and the subsequent Motion to Adopt CARRIED by a roll call vote of 12 yeas; 0 nays.
ADOPTED BY ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
COMMITTEE REPORTS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE (7)

LEE MORRIS, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA



ORDINANCES FOR SECOND READING
98-O-2128 ( 1) An Ordinance by Councilmembers Michael Bond, Cleta Winslow, “Able” Mable Thomas, Lee Morris and Derrick Boazman as substituted to increase specific annual alcohol beverage license fees; and for other purposes.
Committee Chairperson Morris sounded the above item, stated that he requested it held off the Consent Agenda, and further noted that he asked the Finance Department why those particular fee amounts were chosen and why they are not closer to the maximum amount allowed by the State. Mr. Morris stated that his questions were answered and that as a result, the Finance Department, produced a Substitute which raises the fee amounts. Consequently, Mr. Morris Moved to Bring forth the Substitute. Properly Seconded, the Substitute was allowed by voice vote. Furthermore, Mr. Morris Made a Motion to Adopt on Substitute, which was properly Seconded and CARRIED by a roll call vote of 12 yeas; 0 nays.
ADOPTED ON SUBSTITUTE BY ROLL CALL VOTE OF 12 YEAS; 0 NAYS
98-R-2035 ( 2) A Resolution by Finance/Executive Committee authorizing the Mayor to enter into a Renewal Agreement with the Hartford Life Insurance Company for FC-5582-93, Group Life Insurance establishing premium rates for Group Life Insurance for 1999; and for other purposes.
Committee Chairperson Morris sounded the above item and noted that Councilmember Woolard requested it removed from the Consent Agenda. However, Ms. Woolard stated that she had gotten the item confused with another piece of legislation and thus had no inquiry regarding 98-R-2035. Consequently, Mr. Morris provided clarification and Made a Motion to Adopt. Properly Seconded, the Motion CARRIED by a roll call vote of 11 yeas.
ADOPTED BY ROLL CALL VOTE OF 11 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
COMMITTEE REPORTS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE (8)

LEE MORRIS, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA (CONT’D)




RESOLUTION

98-R-2143 ( 3) An Amended Resolution by Finance/Executive Committee to express some of the policies the City Council would like to see reflected in the 1999 City of Atlanta Budget; and for other purposes.


Committee Chairperson Morris sounded the above item and noted that Councilmembers Boazman and Starnes requested it removed from the Consent Agenda. Ms. Starnes offered a Friendly Amendment to add certain wording which would incorporate the words “to study”, thereby changing the meaning of 98-R-2143. Councilmember Alexander requested a Point of Clarification regarding Ms. Starnes amendment language and discussion ensued. It ended however, with Councilmember Woolard’s Motion to Call the Question, which was properly Seconded but FAILED by voice vote. Councilmember Thomas also requested a Point of Order to gain clarification. Ms. Starnes provided the requested clarification and her Motion to Amend subsequently FAILED due to the lack of a majority roll call vote of 7 yeas; 3 nays. Further discussion ensued but ended with Councilmember Woolard again Moving the Call of the Question on the (implied) Motion to Adopt. It was properly Seconded and CARRIED by voice vote. Subsequently, Mr. Morris Made a Motion to Adopt which was properly Seconded and CARRIED by a roll call vote of 8 yeas; 2 nays.
Furthermore, at the conclusion of the vote, Councilmember Thomas requested a Point of Order for clarification purposes and Mr. Morris responded accordingly.

ADOPTED AS AMENDED BY ROLL CALL VOTE OF 8 YEAS; 2 NAYS


PERSONAL PAPERS

Acting Council President Pro-Tem Jim Maddox Presided
PERSONAL PAPERS
ORDINANCES FOR FIRST READING
98-O-2157 ( 1) An Ordinance by Councilmember Lee Morris to waive the provisions of city code section 15-07.005 (g), regarding a one-year waiting period on variance applications, as they apply to the Ivy Place Subdivision at 3847, 3857, 3865, and 3879 Ivy Road, N.E., and for other purposes.

REFERRED TO ZONING COMMITTEE WITHOUT OBJECTION
98-O-2161 ( 2) An Ordinance by Councilmember Jim Maddox transferring appropriations in the amount of $10,000.00 for the purpose of providing service grant to the African Trade Center; and for other purposes.

REFERRED TO FINANCE EXECUTIVE COMMITTEE WITHOUT OBJECTION
98-O-2163 ( 3) An Ordinance by Councilmember Jim Maddox to amend Section 6-4043 (b) so as to provide for a method to change the selection and rotation methodology for the selection of members to the Urban Design Commission, and for other purposes.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION
98-O-2164 ( 4) An Ordinance by Councilmember Clair Muller to install all way stop signs at the intersection of West Wesley Road and Nancy Creek Road.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION
98-O-2165 ( 5) An Ordinance by Councilmembers “Able” Mable Thomas and Julia Emmons transferring appropriations in the amount of $15,000.00 from CDBG General Administration to CD-606; changing the project name and increasing the project scope for the purpose of planning for the 2000-2004 consolidation plan; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION
Acting Council President Pro-Tem Jim Maddox Presided
PERSONAL PAPERS (2)
ORDINANCES FOR FIRST READING (CONT’D)
98-O-2166 ( 6) An Ordinance by Councilmembers Derrick Boazman, Jim Maddox, Debi Starnes, Vern McCarty, and Doug Alexander to amend Chapter 2, Article IX, of the Code of Ordinances of the City of Atlanta, Georgia to create a new section to be numbered 2-973, so as to authorize a private contractor that enters into a contract for the maintenance and operation of the City of Atlanta Water System to perform such billing and collection services as may be necessary to effectuate the purposes of the contract; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION
98-O-2168 ( 7) An Ordinance by Councilmember Debi Starnes amending the 1998 (Intergovernmental Grant Fund) budget by adding to anticipations and appropriations an amount of $396,444.00 which is the one year budget authority amount authorized by the U.S. Department of Housing and Urban Development (HUD) for the City of Atlanta Section 8 Moderate Rehabilitation Program; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION
98-O-2169 ( 8) An Ordinance by Councilmembers Debi Starnes, Derrick Boazman, Vern McCarty, Doug Alexander, and Jim Maddox amending the 1998 (Water and Sewerage Renewal and Extension Fund) budget in the amount of $3,300,000.00 to fund compliance cost associated with the U.S. Justice Department consent decree; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

Acting Council President Pro-Tem Jim Maddox Presided
PERSONAL PAPERS (3)
ORDINANCES FOR FIRST READING (CONT’D)

98-O-2170 ( 9) An Ordinance by Councilmembers Derrick Boazman, Doug Alexander, Jim Maddox, Debi Starnes, and Vern McCarty to amend Chapter 114, Article IV, Division 12, Section 114-376 of the Code of Ordinances of the City of Atlanta, to create a new subsection 8 to provide for a new type of separation from positions in the Atlanta Civil Service System on account of private contract management, outsourcing, managed competition or privatization of city services; to amend Section 114-385 to outline the circumstances of such separations; to create a new Section 114-386; and for other purposes.



REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION
98-O-2171 (10) An Ordinance by Councilmembers Vern McCarty, Debi Starnes, Doug Alexander, Jim Maddox, and Derrick Boazman to amend Chapter 154 of the Code of Ordinances of the City of Atlanta so as to state the duties and qualifications of the Commissioner of Water; contemplate operation and maintenance of the water system by a private company; increase pay of members of the water and sewer appeals board; add penalty provisions; delete obsolete sections; consolidate redundant sections; make it illegal to tamper with fire hydrants; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

Acting Council President Pro-Tem Jim Maddox Presided
PERSONAL PAPERS (4)
ORDINANCES FOR FIRST READING (CONT’D)
98-O-2172 (11) An Ordinance by Councilmembers Doug Alexander, Cathy Woolard, Julia Emmons, Debi Starnes, Lee Morris, Cleta Winslow and Michael Bond authorizing the Mayor to execute various agreements with the current owner of Underground Atlanta, Underground Festival, Inc. (“UFI”) and/or certain other parties to provide for the restructure of Underground Atlanta by taking certain actions including but not limited to accepting title to certain property in satisfaction of certain loans, amending the commercial facilities sublease to include such property leased to UFI, approving the sale by UFI of its subleasehold interest to a new entity, and receiving on behalf of the City all monies and other consideration ensuing from such sale; all for the purpose of strengthening and improving Underground Atlanta.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION
98-O-2173 (12) An Ordinance by Councilmembers Cleta Winslow, Michael Bond and Debi Starnes amending Ordinance 97-O-0768 authorizing the Mayor to execute a quitclaim deed for property known as Fire Station #11, located at 30 North Avenue, N.E. in Land Lot 49 of the 14th District, Fulton County, Georgia to Firemaster, LLC for $460,000.00 and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION
98-O-2174 (13) An Ordinance by Councilmembers Vern McCarty, Michael Bond, and Cleta Winslow authorizing the transfer to and from appropriations in the annual bond and water and sewer fund budget for the purpose of funding the cost to the City for underground storage tank management, to authorize a notice to proceed; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

Acting Council President Pro-Tem Jim Maddox Presided
PERSONAL PAPERS (5)
ORDINANCES FOR FIRST READING (CONT’D)

98-O-2177 (14) An Ordinance by Councilmembers Derrick Boazman, Julia Emmons, Michael Bond , “Able” Mable Thomas, Sherry Dorsey, Cathy Woolard, Doug Alexander, Vern McCarty, Debi Starnes and Lee Morris to amend Section 106-127 of the Code of Ordinances of the City of Atlanta, Georgia so as to clarify the minimum, mandatory penalties for transporting or receiving others or idling for solicitation of or engaging in an illicit sexual act; and for other purposes.



REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

98-O-2178 (15) An Ordinance by Councilmember Derrick Boazman, Michael Bond, Debi Starnes, and Vern McCarty to amend Article “V” classification plan, Section 114-477 of the Code of Ordinances City of Atlanta, Georgia, so as to set the starting salary for a position in line with the 1998 budget and for other purposes.



REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION


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