Atlanta city council


COMMITTEE REPORTS (CONT’D)



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COMMITTEE REPORTS (CONT’D)




FINANCE/EXECUTIVE COMMITTEE (15)


LEE MORRIS, CHAIR
RESOLUTIONS (CONT’D)
98-R-2123 ( 9) A Resolution by Councilmembers Clair Muller and Lee Morris to include in the City of Atlanta’s Legislative Package to the General Assembly a request to study all areas of Unincorporated Fulton County, in order to expand all cities; to eliminate service delivery duplication; to develop a new “Plan of Improvement”; in an effort to decrease taxes; and for other purposes. (Recommendation to File)

FILED WITHOUT OBJECTION
98-R-2258 (10) A Resolution by Finance/Executive Committee authorizing the Mayor to enter into Amendment No. 4 with Atlanta Capital Facilities-JV Team of Turner Construction Company, Inc., Ozanne Construction and Prentiss/Bowen Development for FC-5281-92, City of Atlanta Pretrial Jail Facility to increase the scope of work in an amount not to exceed $7,203,617.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1C28 573001 G41C01059993. (Favorable - 5-Yeas; 1-Abstention)
Committee Chairperson Morris noted a possible conflict of interest stating that his firm did work on the City of Atlanta Pretrial Jail and as a result, recused himself from presiding on 98-R-2258. Therefore, Committee Vice-Chairperson Bond sounded the above item, and on behalf of the Committee, Made a Motion to Adopt. Council President Pitts requested clarification, stating that since this item authorizes the execution of a fourth Amendment, he questioned the amounts of the previous three amendments and noted that the above referenced amendment represents a sizeable increase. Mr. Gary Donaldson of the Finance Department responded accordingly. The Motion to Adopt subsequently CARRIED by a roll call vote of 10 yeas; 1 abstention; 0 nays.
ADOPTED BY ROLL CALL VOTE OF 10 YEAS; 1 ABSTENTION; 0 NAYS

Council President Robb Pitts Presided

COMMITTEE REPORTS (CONT’D)




FINANCE/EXECUTIVE COMMITTEE (16)


LEE MORRIS, CHAIR
ITEMS REMOVED FROM CONSENT AGENDA
ORDINANCES FOR SECOND READING
98-O-2174 ( 1) An Ordinance by Councilmembers Michael Bond, Vern McCarty and Cleta Winslow as substituted by Finance/Executive Committee authorizing the transfer to and from appropriations in the Internal Service 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.

See detailed discussion beneath 98-R-2196, a Resolution shown previously on pages 67-69.
ADOPTED BY ROLL CALL VOTE OF 9 YEAS; 5 NAYS
98-O-2161 ( 2) An Ordinance by Councilmember Jim Maddox transferring appropriations in the amount of $10,000.00 for the purpose of providing a service grant to the African Trade Center; and for other purposes. (2-Abstentions)
Committee Chairperson Morris sounded the above item, then on behalf of the Committee, Made a Motion to Adopt. Councilmember Moore stated, for the Record, that she was against providing funds to service grants and therefore would be casting a nay vote on 98-O-2161. A brief discussion ensued wherein Committee Chairperson Morris was asked to provide clarification and he responded accordingly. Councilmember Thomas also stated, for the Record, that she would not be supporting the issuance of funds to the service grant as well. Ms. Thomas further noted that this item did not come with any supporting documents and that in her opinion, approving such a service grant would be a misappropriation of city revenue. The Motion to Adopt subsequently CARRIED by a roll call vote of 9 yeas; 4 nays.
ADOPTED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS

Council President Robb Pitts Presided

COMMITTEE REPORTS (CONT’D)




FINANCE/EXECUTIVE COMMITTEE (17)


LEE MORRIS, CHAIR
ITEMS REMOVED FROM CONSENT AGENDA (CONT’D)
RESOLUTION
98-R-2036 ( 1) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into Amendment No. 3 for FC-6511-96, Mineral Springs Relief Project with Engineering Design Technologies, Inc. in an amount not to exceed $22,500.00. All contracted work shall be charged to and paid from the following Fund, Account and Center Number: 2J21 524001 M24I02459999. (Amendment changes fund number)
Committee Chairperson Morris sounded the above item and noted that the Amendment changes the account number. On behalf of the Committee, Mr. Morris Made a Motion to Adopt. Councilmember Muller stated that she had requested 98-R-2036 removed from the Consent Agenda and that her questions regarding the item had been answered. Subsequently, the Motion to Adopt as Amended CARRIED by a roll call vote of 13 yeas; 0 nays.
ADOPTED AS AMENDED BY ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

C. T. MARTIN, CHAIR
Attendance at the December 1, 1998 meeting of the Public Safety and Legal Administration Committee was as follows:
Present: Councilmembers Martin (Chair), McCarty, Starnes, Dorsey, and Thomas
Absent: Councilmembers Winslow and Woolard
ORDINANCE FOR SECOND READING
98-O-2177 ( 1) An Ordinance by Councilmembers Derrick Boazman, Doug Alexander, ‘’Able” Mable Thomas, Vern McCarty, Michael Bond, Lee Morris, Debi Starnes, Sherry Dorsey, Cathy Woolard and Julia Emmons as amended by Public Safety and Legal Administration Committee 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 and loitering for solicitation of or engaging in an illicit sexual act; and for other purposes.(Favorable As Amended)
Committee Chairperson Martin sounded the above item, then on behalf of the Committee, Made a Motion to Adopt as Amended. Council President Pitts requested clarification regarding the purpose of the amendment and Councilmember Boazman responded accordingly. The Motion subsequently CARRIED by a roll call vote of 13 yeas; 0 nays.
ADOPTED AS AMENDED BY ROLL CALL VOTE OF 13 YEAS; 0 NAYS
Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (2)

C. T. MARTIN, CHAIR
RESOLUTIONS
98-R-2242 (1) An Amended Resolution by Public Safety and Legal Administration Committee authorizing payment to Julia L. Harris in the amount of $20,000.00 in the settlement of a claim against the City of Atlanta. (Favorable As Amended)

Committee Chairperson Martin sounded the item, then on behalf of the Committee, Made a Motion to Adopt as Amended. Council President Pitts and Councilmember Morris requested clarification and Mr. Martin responded accordingly. The Motion to Adopt subsequently CARRIED by a roll call vote of 11 yeas; 0 nays.
ADOPTED AS AMENDED BY ROLL CALL VOTE OF 11 YEAS; O NAYS
98-R-2245 ( 2) An Amended Resolution by Public Safety and Legal Administration Committee authorizing payment in the amount $3,315.00 in settlement of the claim of Michael Gavin Cloy against the City of Atlanta. (Favorable As Amended)

ADOPTED AS AMENDED BY ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
CITY UTILITIES COMMITTEE (1)

CLAIR MULLER, CHAIR
Attendance at the December 1, 1998 meeting of the City Utilities Committee was as follows:
Present: Councilmembers Muller (Chair), Starnes, Morris, Moore, Martin, and Maddox
Absent: Councilmember Alexander
ORDINANCES FOR SECOND READING
98-O-0712 ( 1) An Ordinance by Councilmember Debi Starnes to change the name of a portion of Luckie Street, NW from Peachtree Street to Techwood Drive to Auburn Avenue, NW; and for other purposes.

FILED WITHOUT OBJECTION
98-O-1323 ( 2) An Ordinance by Councilmember Lee Morris to ban drive through establishments within the city limits of Atlanta; and for other purposes. (Favorable - 3-Yeas; 2-Nays)

Committee Chairperson Muller sounded the above item, stated that the Recommendation from the Committee was Favorable, and Made a Motion to Adopt. Councilmember Morris stated, for the Record, that 98-O-1323 had received a lot of international attention in the time since he introduced it. Mr. Morris then clarified that 98-O-1323 was an initiative to curb an auto-dependent society and to reduce the health and societal problems that automobiles impose in the City of Atlanta. He further stated that Atlanta is the 4th deadliest location in the United States in regards to automobile related accidents. A quite lengthy discussion ensued wherein several members of Council commended Mr. Morris on his efforts to provide a more pedestrian friendly environment; However, most members agreed that the banning of businesses with drive-thru windows was too drastic an action for the Council to support at that time. Discussion was thwarted by Councilmember Moore who Moved the Call of the Question. The Call was properly Seconded and CARRIED by voice vote. The subsequent Motion to Adopt then FAILED due to the lack of a majority roll call vote; the vote was 5 yeas; 8 nays. Thus, 98-O-1323 was ADVERSED.

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

CLAIR MULLER, CHAIR
ORDINANCES FOR SECOND READING (CONT’D)
98-O-1323 ( 2) Councilmember Starnes asked to introduce, at that time,

(Cont’d) a brief Resolution as it relates to the clean air issue that would give businesses the option of closing on ozone action days. Ms. Starnes was granted that privilege, however, she then requested additional time to get the wording of the legislation in order.


While waiting for the introduction of the proposed Resolution, Councilmember Morris thanked fellow members for their support of the concept and for their suggestions regarding clean air issues.
Subsequently, Councilmember Boazman requested a Point of Order to ask that Councilmember Starnes introduce the aforementioned resolution later in the meeting so the scheduled Order of Business could continue. Ms. Starnes agreed (See PERSONAL PAPERS/ RESOLUTIONS/ADOPTED - 98-R-2281), and business resumed.
ADVERSED BY ROLL CALL VOTE ON THE MOTION TO ADOPT OF 5 YEAS; 8 NAYS

98-O-2007 ( 3) 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. (Favorable As Amended - 3-Yeas; 2-Nays)



ADOPTED AS AMENDED BY ROLL CALL VOTE OF 12 YEAS; 0 NAYS

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

CLAIR MULLER, CHAIR
ORDINANCES FOR SECOND READING (CONT’D)
98-O-2019 ( 4) An Ordinance by City Utilities Committee amending the 1998 (1994 G. O. Referendum Bond Fund) Budget in the amount of $1,255,000.00 for Program Management Services for the storm water portion of the 1994 Public Improvement Program, for further construction activity in the Sugar Creek Drainage Basin; and for other purposes. (Favorable On Condition - 1-Nay)
Committee Chairperson Muller sounded the above item and stated that it came forth from the Committee with a Recommendation of Favorable on Conditions. Ms. Muller sounded the Conditions and noted that they had been met. On behalf of the Committee, she then Moved to Adopt 98-O-2019. The Motion subsequently CARRIED by a roll call vote of 12 yeas; 0 nays.
ADOPTED BY ROLL CALL VOTE OF 12 YEAS; 0 NAYS
98-O-2166 ( 5) An Ordinance by Councilmembers Debi Starnes, Vern McCarty, Doug Alexander, Derrick Boazman and Jim Maddox as amended by City Utilities Committee to amend Chapter 2, Article IX, of the Code 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 others purposes. (Favorable As Amended - 5-Yeas; 1-Nay)

ADOPTED AS AMENDED BY ROLL CALL VOTE OF 13 YEAS; 1 NAY

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
CITY UTILITIES COMMITTEE (4)

CLAIR MULLER, CHAIR
ORDINANCES FOR SECOND READING (CONT’D)
98-O-2169 ( 6) An Ordinance by Councilmembers Debi Starnes, Vern McCarty, Doug Alexander, Derrick Boazman 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. (Favorable On Condition - 3-Yeas; 1-Nay)
Committee Chairperson Muller sounded the above item and Made a Motion to Adopt. Councilmember Morris commented on the Recommendation from the Committee to Approve on Condition, then stated for the Record that he was in possession of a memo showing the calculations to substantiate the $3.3 million dollar increase to the Water and Sewerage Renewal and Extension Fund. The Motion to Adopt subsequently CARRIED by a roll call vote of 14 yeas; 0 nays.
ADOPTED BY ROLL CALL VOTE OF 14 YEAS; 0 NAYS
98-O-2171 ( 7) An Ordinance by Councilmembers Debi Starnes, Vern McCarty, Doug Alexander, Derrick Boazman and Jim Maddox 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. (Favorable As Amended - 4-Yeas; 2-Nays)
Committee Chairperson Muller sounded the above item, noted that the Recommendation from the Committee was Favorable as Amended, and so Moved to Adopt as Amended. Ms. Muller also noted that the new Charter (1996) did not include the duties of all commissioners; she accordingly made additional remarks on the subject. In due course, the Motion CARRIED by a roll call vote of 13 yeas; 1 nay.
ADOPTED AS AMENDED BY ROLL CALL VOTE OF 13 YEAS; 1 NAY

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
CITY UTILITIES COMMITTEE (5)

CLAIR MULLER, CHAIR
RESOLUTION
98-R-2266 ( 1) A Resolution by City Utilities Committee authorizing the Mayor to execute a First Amendment to Sewer Services Agreement with certain Developers and Park Avenue Realty Corporation concerning sharing the cost of designing and constructing the North Stratford Sewer Outfall, for the purpose of adding an additional developer, as contemplated by Ordinance 97-O-1461. (Favorable On Condition - 3-Yeas; 1-Nay)
Committee Chairperson Muller sounded the above item, made brief remarks, then asked Councilmember Morris to provide further clarification. Mr. Morris responded accordingly and the Chair’s subsequent Motion to Adopt subsequently CARRIED by a roll call vote of 14 yeas; 0 nays.
ADOPTED BY ROLL CALL VOTE OF 14 YEAS; 0 NAY

ITEM REMOVED FROM CONSENT AGENDA
98-O-2001 ( 1) An Ordinance by Councilmembers Sherry Dorsey, Michael J. Bond and Cleta Winslow as substituted and amended by City Utilities Committee to amend Chapter 130, Article I, Section 130-5 of the Code of Ordinances of the City of Atlanta so as to increase penalties for throwing trash and litter upon private property; and for other purposes.
Committee Chairperson Muller sounded the above item and Councilmember Woolard noted that she requested it removed from the Consent Agenda. Ms. Woolard then requested clarification of 98-O-2001 and Ms. Muller responded accordingly. The Chair’s subsequent Motion to Adopt on Substitute as Amended CARRIED by a roll call vote of 12 yeas; 1 abstention (Bond); 0 nays.
ADOPTED ON SUBSTITUTE AS AMENDED BY ROLL CALL VOTE OF 12 YEAS; 1 ABSTENTION; 0 NAYS

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE (1)

FELICIA A. MOORE, CHAIR
Attendance at the December 2, 1998 meeting of the Community Development/Human Resources Committee was as follows:
Present: Councilmembers Moore (Chair), McCarty, Dorsey, Thomas, and Alexander
Absent: Councilmembers Boazman and Woolard
ORDINANCE FOR SECOND READING
98-O-1469 ( 1) An Ordinance by Community Development/Human Resources Committee to create the 375 Highland Avenue Housing Enterprise Zone; and for other purposes. (Favorable as Amended by Community Development/Human Resources Committee 9/16/98; Tabled by Council 9/21/98 and 10/5/98; Referred back to Committee by Council 10/19/98)
Committee Chairperson Moore sounded the above item, stated that the Recommendation from the Committee was Favorable, then on behalf of the Committee, Made a Motion to Adopt. However, as prerogative of the Chair, Ms. Moore Made a Substitute Motion to Refer 98-O-1469 Back to Committee. Councilmember Bond requested clarification on the Motion to Refer and Ms. Moore with the requested assistance of Councilmember Starnes, responded accordingly. However, Ms. Starnes suggested that a Motion to Tablew ould be more advisable. Ms. Moore then noted a desire to change her Motion and subsequently Moved to Table. Properly Seconded, it CARRIED without objection.



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