Atlanta city council



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9/21/98

ATLANTA CITY COUNCIL
MINUTES
SEPTEMBER 21, 1998

The Atlanta City Council met in a regularly scheduled meeting on Monday, September 21, 1998. The Meeting convened at 1:00 p.m. in the Council Chambers at City Hall. The roll was called and a quorum was declared.



PRESIDER: Council President Robb Pitts presided.

The following members (14) were present at the Meeting:




The Honorable Vern McCarty

The Honorable Debi Starnes

The Honorable Michael J. Bond*

The Honorable Cleta Winslow

The Honorable Sherry Dorsey

The Honorable Cathy Woolard

The Honorable Lee Morris

The Honorable Clair Muller

The Honorable Felicia A. Moore

The Honorable C. T. Martin*

The Honorable Jim Maddox

The Honorable Derrick Boazman

The Honorable Mable Thomas

The Honorable Julia Emmons*







  • *Member was not in attendance at time of Convenement Roll Call


ABSENT: Councilmember Alexander was absent due to it being a Jewish high holy day, Rosh Hashanah1, the Jewish New Year.
INVOCATION: Dr. Horace Andrews, Assistant Pastor of Mt. Ephraim Baptist Church and a Chaplain with the Atlanta Police Department gave the invocation.
PLEDGE OF ALLEGIANCE: The Council, led by Councilmember Maddox, recited the Pledge of Allegiance to the flag of the United States of America.
REPORT OF THE JOURNAL: Ms. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and to the Committee on Council that the Minutes of the, Regular September 8, 19982 Meeting of Council were true and correct. The Minutes were FILED without objection.
ADOPTION OF THE AGENDA: The Agenda for the September 21, 1998 Council Meeting was ADOPTED without objection.

TABLE OF CONTENTS

Page

COMMUNICATIONS 3
VETOED LEGISLATION 5
SPECIAL RECOGNITION/PRESENTATIONS 8
REMARKS BY THE PUBLIC 10
UNFINISHED BUSINESS 12
CONSENT AGENDA SECTION I 15
CONSENT AGENDA SECTION II 28
COMMITTEE REPORTS 30
CITY UTILITIES

Clair Muller, Chair 37
COMMITTEE ON COUNCIL

Jim Maddox, Chair 48
COMMUNITY DEVELOPMENT/HUMAN RESOURCES

Felicia Moore, Chair 42

FINANCE/EXECUTIVE

Lee Morris, Chair 51
PUBLIC SAFETY AND LEGAL ADMINISTRATION

Sherry Dorsey, Vice-Chair 31
TRANSPORTATION

Julia Emmons, Chair 50
ZONING

Doug Alexander, Chair 39
PERSONAL PAPERS 55
ANNOUNCEMENTS 63
GENERAL REMARKS 66
ADJOURNMENT 69
ROLL CALL VOTES 71

COMMUNICATIONS

Council President Robb Pitts Presided

COMMUNICATIONS

98-C-1814 ( 1) A Communication by Council President Robb Pitts appointing Mr. Blaiss Nowack to Keep Atlanta Beautiful, Inc. for a term of two years to begin on the date of Council Confirmation.



REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION
98-C-1815 ( 2) A Communication by Council President Robb Pitts appointing Mr. Daniel Jeff Whitner, Jr. to Keep Atlanta Beautiful, Inc. for a term of two years to begin on the date of Council Confirmation.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION
98-C-1816 ( 3) A Communication by Mayor Bill Campbell appointing Mr. Thomas Dortch, Jr. to the Atlanta Fulton County Recreation Authority for a term of four (4) years, effective on the date of Council Confirmation.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION
98-C-1817 ( 4) A Communication by Mayor Bill Campbell appointing Mr. William H. Herbig to serve as a member of Keep Atlanta Beautiful, Inc. for a term of two (2) years, effective on the date of Council Confirmation.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

VETOED LEGISLATION

Council President Robb Pitts Presided

Vetoed Legislation

98-O-0116 ( 1) An Ordinance by Councilmember Lee Morris requiring complete disclosure of all city-related travel and for other purposes.


Rhonda Johnson, Municipal Clerk sounded the veto message regarding the above item, which was Adopted by Council on September 8, 1998 and was subsequently vetoed by the Mayor. Council President Pitts requested clarification regarding the date of the Clerk’s receipt of the veto message from the Mayor’s office. Ms. Johnson responded accordingly, noting the date that the legislation was returned to the Clerk’s Office and the date and time that the Mayor’s veto message (written statement of the reasons for the veto) was returned to the Clerk’s Office. Mr. Pitts provided clarification of the time allotted for the Mayor to return such written statement as provided in City Charter Section 2-403. Mr. Pitts further stated that the message was not returned within the lawfully prescribed time period and he consequently stated that he would Rule that the Mayor’s Veto was “Out of Order” and “Illegal”. Acting City Attorney Susan Langford was asked to give her opinion regarding the matter and discussion was deferred to allow Ms. Langford time to review pertinent information.
When discussion resumed, Ms. Langford opined, pursuant to the time period laid out in Atlanta City Charter Section 2-403 and according to the date and time of receipt of the Mayor’s veto message as referenced by the Clerk, that the Mayor’s veto message was not returned to the Council within the required time. The President then Ruled that the Council’s September 8, 1998 Adoption of 98-O-0116 would stand and consequently, 98-O-0116 would be Approved by operation of law. However, Councilmember Bond Made a Motion to Override President Pitts’ Ruling. The Motion was properly Seconded and following a heated discussion wherein the Clerk further clarified that the veto message was returned directly to her by the Mayor’s Deputy Chief of Staff Gregory Pridgeon at approximately 12:35 p.m., September 21, 1998 Subsequently, the Motion to Override the Presidents’ Ruling FAILED by a roll call vote of 5 Yeas; 9 Nays. Consequently, 98-O-0116 was APPROVED by operation of law.
STANDS AS ADOPTED ON 9/8/98; APPROVED BY OPERATION OF LAW PER CITY CHARTER SECTION 2-403


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