Atlanta city council minutes november 2, 1998


PUBLIC SAFETY/LEGAL ADMINISTRATION COMMITTEE



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PUBLIC SAFETY/LEGAL ADMINISTRATION COMMITTEE


SHERRY DORSEY, VICE-CHAIR
98-O-2009 ( 2) An Ordinance by Public Safety/Legal Administration Committee authorizing the settlement of all claims from the case of Harriette D. Watkins v. Charles F. Johnson, Magistrate Court of Fulton County, Civil Action File No. 98MS66329, for the amount of $3,250.68; to waive conflicting ordinances; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION
CITY UTILITIES COMMITTEE - CLAIR MULLER, CHAIR
98-O-1984 ( 3) An Ordinance by City Utilities Committee amending the 1998 (Water and Sewer Renewal and Extension Fund) Budget by transferring to and from appropriations $199,231.62 for the purpose of funding Engineering/Prequalification Services for Amendment Agreement Number 6, FC-7008-98, East Area CSO and Intrenchment Creek WRC Improvements; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION
98-O-1987 ( 4) An Ordinance by City Utilities Committee to construct a sewer in Ivy Road, NE beginning at the existing manhole (station 0+00) in Ivy Road, NE and extending southeast to approximately 500± feet, lying and being in Land Lots 62 and 63 of the 17th District, Fulton County, Georgia; and for other purposes. (Advertised for Public Hearing 11/10/98 at 9:00 a. m.)

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

Council President Robb Pitts Presided
CONSENT AGENDA (CONT’D)
SECTION II (CONT’D)
ORDINANCES FOR FIRST READING (CONT’D)
CITY UTILITIES COMMITTEE - CLAIR MULLER, CHAIR (CONT’D)
98-O-2007 ( 5) An Amended Ordinance by City Utilities Committee to abandon a portion of Alston Drive from East Lake Boulevard to Second Avenue, a portion of Mirror Lane from East Lake Boulevard to Meadow Lake Drive and a portion of Meadow Lake Drive from Mirror Lane to Alston Drive and in the City of Atlanta, Dekalb County, Georgia to the Housing Authority of the City Atlanta, Georgia; and for other purposes. (Advertised for Public Hearing 11/10/98 at 9:00 a. m.)

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION
COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

FELICIA MOORE, CHAIR
98-O-1974 ( 6) An Ordinance by Community Development/Human Resources Committee for cleaning the premises and closing of the structures pursuant to Article III of the Atlanta Housing Code and a hearing by the In Rem Review Board on August 27, 1998.

266 Eugenia Street, SW D-2



REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION
98-O-1975 ( 7) An Ordinance by Community Development/Human Resources Committee for demolition and cleaning of the premises of the structures pursuant to Article III of the Atlanta Housing Code and a hearing by the In Rem Review Board on August 27, 1998.

2564 Defoors Ferry Road, NW D-9

851 McDaniel Street, SW D-4

103 Pearl Street, SE D-5

401 Pomona Circle, SW D-12

100 Selman Street, SE D-5



REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION
Council President Robb Pitts Presided
CONSENT AGENDA (CONT’D)
SECTION II (CONT’D)
ORDINANCES FOR FIRST READING (CONT’D)
COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - FELICIA MOORE, CHAIR (CONT’D)
98-O-1976 ( 8) An Ordinance by Community Development/Human Resources Committee for cleaning the premises and closing of the structures pursuant to Article III of the Atlanta Housing Code and a hearing by the In Rem Review Board on September 24, 1998.

1365 Allene Avenue, SW D-12

3029 First Avenue, SW D-12

953 Garibaldi Street, SW D-4

218 Hendrix Avenue, SW D-2

1497 Langston Avenue, SW D-12

219 Whitefoord Avenue, NE D-5

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION
98-O-1977 ( 9) An Ordinance by Community Development/Human Resources Committee for demolition and cleaning of the premises of the structures pursuant to Article III of the Atlanta Housing Code and a hearing by the In Rem Review Board on September 24, 1998.

440 Gartrell Street, SE D-5

105 Georgia Avenue, SE D-2

1907 Hollywood Road, NW D-9

59 Nathan Road, SW D-10

844 Pike Street, NW D-3



REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

COMMITTEE REPORTS

Council President Pro-Tem Martin Presided
COMMITTEE REPORTS
CITY UTILITIES COMMITTEE (1)

CLAIR MULLER, CHAIR
Attendance at the October 27, 1998 meeting of the City Utilities Committee was as follows:
Present: Councilmember Muller (Chair), Starnes, Morris, Moore, Martin, and Maddox
Absent: Councilmember Alexander
ORDINANCES FOR SECOND READING
98-O-1836 ( 1) An Ordinance by Councilmembers Michael Bond, Cleta Winslow and Jim Maddox as substituted and amended by City Utilities Committee authorizing the Mayor to enter into an amendment to the December 17, 1968, Franchise Agreement between the City of Atlanta and the Atlanta Gas Light Company; authorizing the execution of all documents; and for other purposes. (Held 9/29/98- Favorable on Substitute with Conditions – 10/13/98; Third Reading, Final Adoption – Favorable as Substitute and Amended – 10/27/98)
Prior to the vote on 98-O-1836, Council President Pitts recused himself and requested that Council President Pro-Tem Martin preside. Mr. Martin responded accordingly and subsequently, 98-O-1836 CARRIED by a roll call vote of 13 Yeas; 0 Nays. At the conclusion of the vote, Council President Pitts resumed presiding.
ADOPTED SUBSTITUTE AS AMENDED BY ROLL CALL VOTE: 13 YEAS; 0 NAYS
Council President Robb Pitts Presided
98-O-2002 (2) An Ordinance by Councilmembers Sherry Dorsey, Michael J. Bond and Cleta Winslow to amend Section 130-4 of the Code of Ordinances, of the City of Atlanta, Georgia so as to increase the penalties for throwing trash upon streets, sidewalks or public places; and for other purposes. (Recommendation to File – 10/2/798)
Committee Chairperson Muller sounded the above item and on behalf of the Committee, Made a Motion to File. 98-O-2002 was subsequently FILED without objection.
FILED WITHOUT OBJECTION

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
CITY UTILITIES COMMITTEE (2)

CLAIR MULLER, CHAIR
ORDINANCES FOR SECOND READING (CONT’D)
98-O-1516 (3) An Ordinance by Councilmember C. T. Martin as amended by City Utilities Committee to amend Chapter 154 of the Code of Ordinances of the City of Atlanta so as to create a new Section 154-1 which provides for a policy related to the privatization or contract management of the city's water and waste water operation; and for other purposes. (Held 8/11/98; Recommendation to File – 10/27/98)
Committee Chairperson Muller sounded the above item and on behalf of the Committee, Made a Motion to File. However, Councilmember Martin Made a Substitute Motion to Adopt. A brief conversation ensued wherein Councilmember Thomas requested clarification and Ms. Muller responded accordingly. The Motion to Adopt subsequently FAILED by a roll call vote of 2 Yeas; 11 Nays. The initial Motion to File then CARRIED by a roll call vote of 11 Yeas; 2 Nays.
FILED BY ROLL CALL VOTE: 11 YEAS; 2 NAYS
RESOLUTIONS
98-R-1875 (1) A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No.1 with Camp Dresser & McKee, Inc./Harrington, George and Dunn, P. C., joint venture for FC-6357 - 95A, R. M. Clayton Water Reclamation Center Improvements and other water quality related services on behalf of the Department of Public Works in an amount not to exceed $1,217,100.00; All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers. (Held – 10/13/98; Favorable on Substitute – 10/27/98)
Committee Chairperson Muller sounded the above legislation and, on behalf of the Committee, Made a Motion to Adopt. Council President Pitts requested clarification regarding the original value of the contract. Ms. Muller, unable to provide Mr. Pitts with the requested information, stated that she would provide a response later in the meeting. Mr. Pitts also requested that an internal report regarding the performance of the main contractor involved in the joint venture be provided, as well. Ms. Muller agreed to provide Mr. Pitts with all the requested information later in the meeting.

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
CITY UTILITIES COMMITTEE (3)

CLAIR MULLER, CHAIR
RESOLUTION (CONT’D)
98-R-1875 (4) When Ms. Muller later responded to Mr. Pitts’ request

(Cont’d) he expressed dissatisfaction and a lengthy conversation ensued between the two. Mr. Pitts stated for the Record, that he was not in favor of awarding more work to a person who had already shown poor work performance and stated his concerns regarding the merit of the Contractor, and the total amount of the contract. Subsequently, the Motion to Adopt CARRIED by a roll call vote of 11 Yeas; 1 Nay.


ADOPTED SUBSTITUTE BY ROLL CALL VOTE: 11 YEAS;

1 NAY

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
COMMITTEE ON COUNCIL (1)

JIM MADDOX, CHAIR
Attendance at the November 2, 1998 meeting of the Committee on Council was as follows:
Present: Councilmembers Maddox (Chair), Bond, Winslow, Woolard, Boazman, and Emmons
Absent: Councilmember Dorsey
COMMUNICATION
98-C-1901 ( 1) A Communication by Mayor Bill Campbell appointing Mr. Dan Metzler to the Tree Conservation Commission for a term of two (2) years, effective upon the date of Council Confirmation. (Held, 10/19/98)

Committee Chairperson Maddox sounded the above legislation and on behalf of the Committee, Made a Motion to Confirm. However, Councilmember Woolard Made a Substitute Motion to Table until such time that an outstanding zoning matter involving the nominee is resolved. The Substitute Motion was properly Seconded and Council President Pitts stated that the issue was “not debatable”. Subsequently, the Motion to Table CARRIED by a roll call vote of 13 yeas; 0 nays.
TABLED BY ROLL CALL VOTE: 13 YEAS; 0 NAYS


ORDINANCE FOR SECOND READING

98-O-1821 ( 1) An Ordinance by Councilmember Jim Maddox as substituted by Committee on Council to amend the City Charter of the City of Atlanta, Georgia, adopted by the 1996 Georgia General Assembly, 1996 Ga. Laws, p. 4469 et seq. under and by virtue of the Authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298 et seq., O.C.G.A. Section 46-35-1 et seq.) so as to amend Section 2-406 of the City Charter so as to delineate the powers of Committees of the City Council conducting hearings and/or investigations; to require that said hearings and investigations be authorized by majority vote of Council; to set procedural guidelines for the issuance of subpoenas; and for other purposes. (Held – 10/5/98; Substituted & Held 10/19/98; Recommendation to File – 11/2/98; CHARTER AMENDMENT – 2nd Reading 1st Adoption)



FILED WITHOUT OBJECTION

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
COMMITTEE ON COUNCIL (2)

JIM MADDOX, CHAIR
ORDINANCE FOR FIRST READING
98-O-2010 ( 1) An Ordinance by Committee on Council to amend Section 2-1981 of the Code of Ordinances of the City of Atlanta, so as to add the Pan African Trade Center to the Advisory Committee on International Relations.

REFERRED TO COMMITTIEE ON COUNCIL WITHOUT OBJECTION

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
TRANSPORTATION COMMITTEE

JULIA EMMONS, CHAIR
Attendance at the October 28, 1998 Transportation Committee meetings was as follows:
Present: Councilmembers Emmons (Chair), Woolard, Morris, Muller, Maddox, and Boazman,
Absent: Councilmember Dorsey
Committee Chairperson Emmons stated on behalf of the Transportation

Committee that all of its papers were listed on the Consent Agenda, therefore,

she did not have any items to report for consideration at that time.

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE (1)

LEE MORRIS, CHAIR
Attendance at the October 28, 1998 meeting of the Finance/Executive Committee was as follows:
Present: Councilmembers Morris (Chair), Bond, Muller, Moore, Martin, Thomas and Emmons
REPORT
98-RT-2014 ( 1) A Report of the Chief Financial Officer of the Transfer of Appropriations from one Line Item to another Line Item in various funds as approved under Section 6-304 (b) of the Charter of the City of Atlanta.


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