Atlanta city council


ORDINANCES FOR SECOND READING



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ORDINANCES FOR SECOND READING



COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

ABLE” MABLE THOMAS, CHAIR (CONT’D)
98-O-1744 ( 1) An Ordinance by Community Development/Human Resources Committee transferring appropriations in the amount of $2,083,901.10 for the purpose of closing out various CDBG and HOPWA Projects and reprogramming funds for various projects to be included in the 1999 Annual Action Plan for the 1995-1999 Consolidated Plan; and for other purposes

REFERRED TO COMMUNITYDEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION
98-O-1743 ( 2) An Ordinance by Transportation Committee to waive Section 150-207 of the Code of Ordinances to allow roller skating in the streets of Atlanta as the finale of the Athens to Atlanta Road Skating Marathon; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION
98-O-1742 ( 3) An Ordinance by the Public Safety Committee to amend Article 1 of Chapter 106 of the Code of Ordinances of the City of Atlanta by creating a new Section 106-12 so as to prohibit Urban Camping and improper use of public places; to define and clarify such prohibited conduct; and for other purposes.

REFERRED TO PUBLIC SAFETY COMMITTEE WITHOUT OBJECTION


COMMITTEE REPORTS

Council President Robb Pitts Presided
COMMITTEE REPORTS
Councilmember Martin informed Council President Pitts that the Public Safety

and Legal Administration Committee’s report contained legislation of interest to

several individuals present in the audience. Therefore, he asked if he the Agenda

could be reordered to allow him to report first. Mr. Pitts, hearing no objections,

allowed the change.
PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

C. T. MARTIN, CHAIR
Attendance at the September 15, 1998 Public Safety and Legal Administration

Committee meeting was as follows:
Present: Councilmembers Dorsey (Vice-Chair), McCarty, Starnes, Winslow and Thomas

Absent: Councilmember Woolard and Martin (Chair)
COMMUNICATIONS
98-C-0271 ( 1) A Communication by Mayor Bill Campbell re-appointing Mr. Thomas Pocock as Chief of the Department of Corrections. (Favorable by Committee on Council).
Vice-Chair Dorsey sounded the above communication and Made a Motion to Confirm. However, Council President Pitts asked if the various background checks, as discussed at the last council meeting, had been conducted. Ms. Dorsey responded and a brief discussion ensued. Councilmember Boazman Moved the Call of the Question, which was properly Seconded and PASSED by voice vote. Subsequently, the Motion to Confirm was ADOPTED by a unanimous roll call vote of 14 Yeas.
CONFIRMED BY ROLL CALL VOTE: 14 YEAS; 0 NAYS
98-C-0272 ( 2) A Communication by Mayor Bill Campbell re-appointing Mr. Winston L. Minor as Chief of the Department of Fire. (Favorable by Committee on Council)
The above legislation was sounded by Vice-Chair Dorsey who Made a Motion to Confirm. However, Councilmember Martin, Chair of the Committee, stated his concerns regarding the overall condition of the Fire Department and urged the Council to be very certain in their vote. Council President Pitts again asked if background checks had been conducted on the appointee and consequently, a lengthy discussion ensued addressing both Mr. Pitts and Mr. Martin’s concerns.

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
PUBLIC SAFETY COMMITTEE (2)

SHERRY DORSEY, VICE-CHAIR
COMMUNICATIONS (CONT’D)
98-C-0272 ( 2) In the ensuing period, Councilmember Moore Made a

(Cont’d) Substitute Motion to Refer 98-C-0272 Back to the Public Safety Committee. Further lengthy discussion that ensued on the Motion to Refer, ended with Councilmember Boazman’s Motion to Call the Question. It was properly Seconded and CARRIED by voice vote. Subsequently, Councilmember Starnes Requested a Point of Clarification and asked could the Motion to Refer specify that 98-C-0272 be Referred Back to Committee for two weeks certain. By consensus, Ms. Starnes’ request was agreed upon and subsequently, the Motion to Refer for Two (2) Weeks Certain PASSED by a roll call vote of 8 Yeas, 6 Nays.


At the close of the vote, Councilmember Dorsey stated that she had voted incorrectly and therefore, Made a Motion to Reconsider. It was properly Seconded and CARRIED by voice vote. Again, a lengthy discussion ensued regarding Ms. Moore’s Motion to Refer 98-C-0272 Back to Committee. Discussion eventually concluded with Councilmember Woolard’s Call of the Question, which was properly Seconded and CARRIED by voice vote. Ms. Moore’s subsequent Motion to Refer 98-C-0272 Back to Committee for Two (2) Weeks Certain then resulted in a tie vote of 7 Yeas; 7 Nays. Therefore, Council President Pitts then cast his vote in the affirmative causing the Motion to have been CARRIED by a roll call vote of 8 Yeas, 7 Nays.
REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE FOR TWO WEEKS TIME CERTAIN BY A ROLL CALL VOTE: 8 YEAS; 7 NAYS

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
PUBLIC SAFETY COMMITTEE (3)

SHERRY DORSEY, VICE-CHAIR
COMMUNICATIONS (CONT’D)
98-C-0273 ( 3) A Communication by Mayor Bill Campbell re-appointing Ms. Beverly Harvard as Chief of the Department of Police of the City of Atlanta. (Favorable by Committee on Council)
The above legislation was sounded by Vice-Chair Dorsey who, on behalf of the Committee, Made a Motion to Confirm. Again, Council President Pitts asked if all background checks were conducted and Ms. Dorsey responded. Mr. Pitts stated for the Record, that Chief Harvard does not live in the City of Atlanta. He reiterated that although residency is not a requirement prior to being Appointed, the Charter does require that an appointed official, performing in a capacity such as the Chief of Police, live in the City of Atlanta. Mr. Pitts further requested the opinion of the Law Department who opined briefly. However, Councilmember Woolard then Made a Substitute Motion to Hold 98-C-0273 in the Breast of Council (Table). The Motion was properly Seconded but FAILED by a roll call vote of 3 Yeas, 11 Nays. Therefore, the Vice-Chair’s prior Motion to Confirm was once again properly before the Council for debate. Following a brief discussion, Councilmember Boazman Moved the Call of the Question, which was properly Seconded and CARRIED by voice vote. Vice-Chair Dorsey’s Motion to Confirm subsequently CARRIED by a roll call vote of 12 Yeas, 2 Nays.
Later in the meeting, President Pitts stated that he and Councilmember Martin, Chair of the Public Safety Committee, would speak with Chief Harvard regarding the residency issue.
CONFIRMED BY ROLL CALL VOTE: 12 YEAS; 2 NAYS
98-O-1606 ( 4) A Communication by Mayor Bill Campbell appointing Ms. Michelle Burkett to serve as a taxicab/vehicles for hire hearing officer for a term of two (2) years, effective on the date of council confirmation.

FILED WITHOUT OBJECTION

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
PUBLIC SAFETY COMMITTEE (4)

SHERRY DORSEY, VICE-CHAIR
ORDINANCE FOR SECOND READING
98-O-0399 ( 1) A Ordinance by Councilmembers Debi Starnes and Michael Julian Bond as substituted and amended by Public Safety Committee to create a pilot program authorizing the temporary operation of human-drawn vehicles (pedi-cabs) in limited areas within the City of Atlanta for a period of thirty (30) days; to establish requirements and regulations for such program; and for other purposes. (Substitute #2 and amended; No Recommendation by Committee)
Vice-Chair Dorsey sounded the above legislation and informed the Council that 98-O-0399 came forth without Recommendation from the Committee. Consequently, as prerogative of the Vice-Chair, Ms. Dorsey Made a Motion to Adverse and stated her reasons for requesting the adversal. A lengthy discussion ended with Councilmember Emmons Motion to Call the Question which, was properly Seconded and CARRIED by voice vote. Subsequently, Ms. Dorsey’s Motion to Adverse FAILED by a roll call vote of 6 Yeas, 7 Nays.
Therefore, Councilmember Starnes Made a Motion to Adopt and a brief discussion ensued wherein Councilmember Maddox Made a Substitute Motion to Refer 98-O-0399 Back to Committee. The Maddox Motion was properly Seconded and following a lengthy discussion, the vote resulted in a tie of 7 Yeas; 7 Nays. Consequently, Council President Pitts then cast an affirmative vote and the Motion to Refer 98-O-0399 Back to Committee PASSED by a roll call vote of 8 Yeas, 7 Nays.

Council President Robb Pitts Presided
COMMITTEE REPORTS (CONT’D)
PUBLIC SAFETY COMMITTEE (5)

SHERRY DORSEY, VICE-CHAIR
ORDINANCE FOR SECOND READING

98-O-0399 ( 1) Later in the meeting, Councilmember Winslow Made a Motion



(Cont’d) to Reconsider the previous vote on the Motion to Refer 98-O-0399 Back to Committee. Properly Seconded, the Motion to Reconsider PASSED by a roll call vote of 8 Yeas, 5 Nays. The vote tally included Councilmember Thomas’ Nay vote which was noted by the Clerk at Ms. Thomas’ request and under the direction of President Pitts. A brief discussion ensued wherein Councilmember Starnes Made a Motion to Adopt which was properly Seconded. As discussion persisted, Ms. Starnes Moved to Amend and sounded the amendatory language. The Motion was properly Seconded and PASSED by a roll call vote of 9 Yeas, 2 Nays. Ms. Starnes’ subsequent Motion to Adopt as Amended was properly Seconded and CARRIED by a roll call vote of 8 Yeas, 5 Nays.
SUBSTITUTE ADOPTED AS AMENDED BY ROLL CALL VOTE: 8 YEAS; 5 NAYS

RESOLUTION
98-R-0641 ( 1) A Resolution by Public Safety and Legal Administration Committee to create an Atlanta Fire Department Citizen’s Advisory Council and to set forth the duties and terms of membership of such Council; and for other purposes.


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