Atlanta city council


Council President Robb Pitts Presided



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Council President Robb Pitts Presided

COMMITTEE REPORTS (CONT’D)




FINANCE/EXECUTIVE COMMITTEE (12)


LEE MORRIS, CHAIR
RESOLUTIONS (CONT’D)
98-R-2260 ( 7) A Resolution by Finance/Executive Committee urging the 1999 Georgia General Assembly to support the City of Atlanta’s 1999 Legislative Package. (Favorable As Amended - 6-Yea’s; 1-Abstention; Amendment Deletes Certain Items In Section D And E On Proposed 1999 Legislative Package)

Councilmember Morris sounded the above item, Made a Motion to Adopt, then noted that this Resolution, along with previously adopted legislation affecting the City of Atlanta’s 1999 Legislative Package, should be grouped together and submitted to the State as one package. Subsequently, Councilmember Muller sounded amendatory language and so Moved to Amend. The Motion was properly Seconded and CARRIED by a roll call vote of 14 yeas; 0 nays including Councilmembers Boazman, Muller, and Martin’s affirmative vote which was electronically added by the Clerk per the members’ request and by directive of Council President Pitts. Subsequently, a Motion to Adopt 99-R-2260 was Made, properly Seconded and CARRIED by a roll call vote of 14 yeas; 0 nays.
ADOPTED AS AMENDED BY ROLL CALL VOTE OF 14 YEAS; 0 NAYS
98-R-2196 ( 8) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or his designee to approve a Notice to Proceed with R & D Testing and Drilling, Inc. for FC-5298-92, Citywide Annual Contract for Geotechnical Engineering, Testing and Investigation Services for the Underground Storage Tank Management Program at various City locations on behalf of the Department of Administrative Services in an amount not to exceed $476,880.00. All contracted work shall be charged to and paid from various Fund, Account and Center Numbers. (Favorable On Substitute - 4-Yeas; 1-Nay)
Committee Chairperson Morris sounded the above item, then on behalf of the Committee, Made a Motion to Adopt on Substitute. However, Councilmember Muller stated that it is her belief that 98-R-2196 is similar to 98-O-2174, which she requested removed from the consent agenda. Therefore, Ms. Muller asked that both items be considered together. She also stated for the Record, that she finds the process, by which the above-mentioned contracts were awarded, to be problematic. She stated that the Contractor addressed in this particular legislation was asked to amend his contract in order to comply with the standards imposed by the Public Works Department, but noted that to date, the Contractor had not complied with the request.

Council President Robb Pitts Presided

COMMITTEE REPORTS (CONT’D)




FINANCE/EXECUTIVE COMMITTEE (13)


LEE MORRIS, CHAIR
RESOLUTIONS (CONT’D)

98-R-2196 ( 8) Ms. Muller reiterated that she was not attacking the

(Cont’d) Contractor but, the process by which contracts are granted. Ms. Muller then Made a Substitute Motion to Refer both items Back to Committee which was properly Seconded. A lengthy discussion ensued wherein Councilmember Bond requested the opinion of the Law Department. City Attorney Susan Langford opined accordingly and the Motion to Refer both 98-R-2196 and 98-O-2174 then FAILED by a roll call vote of 6 yeas; 6 nays.
Councilmember Morris then restated the Motion to Adopt on Substitute, but clarified that the Motion included both items 98-R-2196 and 98-O-2174. Discussion resumed wherein Councilmember Starnes Made a Substitute Motion to Table both items in order to hold a worksession that would address any iniquities that Ms. Muller believed would have occurred in the process, or regarding the subject contract, and as a means to resolve the issue entirely. Properly Seconded, the Motion subsequently CARRIED by a roll call vote of 9 yeas; 5 nays.
Later in the meeting, Councilmember Starnes Made a Motion

to Reconsider the vote to Table 98-R-2196 and 98-O-2174. She clarified that she had been informed of a Notice to Proceed received from the Georgia Department of Natural Resources. She further clarified that a deadline of December 22, 1998 had been imposed to get the subject underground storage tanks dug up. She further stated that according to the Notice, if the deadline date was not met, fines of $11,000 per day would be imposed upon the City. A discussion ensued between Councilmembers Starnes and Muller wherein Ms. Muller spoke strongly against approving 98-R-2196 and 98-O-2174 until certain issues were resolved. Discussion was thwarted by Council President Pitts, who asked Ms. Starnes to speak further with Commissioner Herb McCall in order to find an alternate Contractor who can dig up the underground storage tanks until the issue surrounding the subject Contractor is resolved and in order to meet the afore-mentioned deadline. Ms. Starnes was also asked to return later in the meeting with the results of the conversation.

Council President Robb Pitts Presided

COMMITTEE REPORTS (CONT’D)




FINANCE/EXECUTIVE COMMITTEE (14)


LEE MORRIS, CHAIR
RESOLUTIONS (CONT’D)

98-R-2196 ( 8)



(Cont’d) Further in the meeting, Councilmember Starnes proceeded with her Motion to Reconsider. Ms. Starnes stated that she spoke with Mr. McCall and they both conclude that there are too many facets involved to simply say “find someone else by December 22, 1998”. Councilmember Muller reiterated her prior question, specifically asking Ms. Starnes if she had asked Commissioner McCall if there was another Contractor who could do the job. Ms. Starnes stated that logistically, there is not another Contractor who can do the job. Ms. Muller Made a Point of Personal Privilege to state that she does not want a worksession held, she just wants the amendments to the contract completed as she had asked and was promised would occur in August. In due course, the subsequent Motion to Reconsider 98-R-2196 and 98-O-2174 CARRIED by a roll call vote of 10 yeas; 4 nays. Councilmember Starnes then Made a Motion to Adopt and further discussion ensued but was thwarted by Councilmember Moore’s Motion to Call the Question. Properly Seconded, the Call CARRIED by voice vote. Subsequently, the Starnes’ Motion to Adopt was properly Seconded and CARRIED by a roll call vote of 9 yeas; 5 nays.
ADOPTED ON SUBSTITUTE BY ROLL CALL VOTE OF 9 YEAS; 5 NAYS

Council President Robb Pitts Presided


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