Tuesday, November 16, 2004
ATLANTA CITY COUNCIL
ACTION/MINUTES
NOVEMBER 10, 2004
The Atlanta City Council held a Special Called Meeting on Wednesday, November 10, 2004. The Meeting convened at 11:44 a.m. in the Council Chambers at City Hall. The roll was called and a quorum was declared.
PRESIDER: The Honorable Lisa M. Borders, Council President presided.
Attendance:
The following (11) voting members were present at the Meeting:
*Arrival Time – indicates arrival after convening roll call.
|
The Honorable Carla Smith |
The Honorable Clair Muller |
|
The Honorable Debi Starnes |
The Honorable Felicia Moore |
|
The Honorable Ivory Lee Young, Jr. |
The Honorable Jim Maddox |
|
The Honorable Anne Fauver |
The Honorable Joyce M. Sheperd |
|
The Honorable Charles Howard Shook |
The Honorable Mary Norwood |
|
The Honorable H. Lamar Willis |
Councilmembers Winslow, Archibong, Martin and Mitchell were absent.
INVOCATION: Chaplain Thomas E. Houston, Director
of the Atlanta Fire Department Chaplaincy Program gave the invocation.PLEDGE OF ALLEGIANCE: In unison, lead by Councilmember Jim Maddox, the Council recited the Pledge of Allegiance to the flag of the United States of America.
THE ADOPTION OF THE AGENDA: The Agenda for the November 10, 2004 Special Called meeting was ADOPTED without objection.
COMMUNICATION
Council President Lisa M. Borders Presided
COMMUNICATION
04-C-2088 ( 1) A Communication by Council President Lisa M. Borders calling for a Special Meeting of the Atlanta City Council on Wednesday November 10, 2004 at 11:30 a.m. to act on Resolutions 04-R-1942 and 04-R-1943.
FILED WITHOUT OBJECTION
UNFINISHED BUSINESS
Council President Lisa M. Borders Presided
COMMITTEE REPORT
FINANCE/EXECUTIVE COMMITTEE
(1)DEBI STARNES, CHAIR
RESOLUTIONS
04-R-1942 ( 1) A Resolution by Councilmember Debi Starnes as Substituted by Full Council to specify the principal amount to mature in each year and the optional and mandatory redemption provisions of the Series 2004I Bonds (Auction Rate Securities) and the Series 2004K Bonds (Auction Rate Securities) being issued pursuant to the Eighth Supplemental Bond Ordinance adopted on October 18, 2004 (04-O-1811); to specify the Initial Interest Rates and Initial Auction Periods for each Series; to authorize and approve the Bond Purchase Agreements with respect to the Series 2004I Bonds and the Series 2004K Bonds; to provide for Bond Insurance; to authorize the execution and delivery of Broker-Dealer Agreements and an Auction Agent Agreement; to provide for the delivery of the Series 2004I Bonds and the Series 2004K Bonds; to provide for the application of the proceeds of the Bonds; and for other purposes.
At the Council’s Regularly Scheduled Meeting of November 1, 2004, Finance/Executive Committee Chairperson Starnes sounded the captions of Resolutions 04-R-1942 & 04-R-1943 and noted both were forwarded from committee with No Recommendation. Ms. Starnes then made a Motion to Table both resolutions in anticipation of their consideration at a future Special Called Council Meeting. Properly Seconded, the Motion CARRIED by a roll call vote of 13 yeas; 0 nays. During the Special Called Meeting, Municipal Clerk Rhonda Dauphin Johnson sounded the caption of Resolutions 04-R-1942 & 04-R-1943. Following, Chairperson Starnes made a Motion to remove both resolutions from the Table. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. Ms. Starnes then made a Motion to bring forth a Substitute for both items. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. The Substitute for Resolutions 04-R-1942 & 04-R-1943 were before the Council. After which, Chairperson Starnes made a
Council President Lisa M. Borders Presided
COMMITTEE REPORT
(CONT’D)FINANCE/EXECUTIVE COMMITTEE (2)
DEBI STARNES, CHAIR
RESOLUTIONS (CONT’D)
04-R-1942 ( 1) A Resolution by Councilmember Debi Starnes as
(Cont’d) Substituted by Full Council to specify the principal amount to mature in each year and the optional and mandatory redemption provisions of the Series 2004I Bonds (Auction Rate Securities) and the Series 2004K Bonds (Auction Rate Securities) being issued pursuant to the Eighth Supplemental Bond Ordinance adopted on October 18, 2004 (04-O-1811); to specify the Initial Interest Rates and Initial Auction Periods for each Series; to authorize and approve the Bond Purchase Agreements with respect to the Series 2004I Bonds and the Series 2004K Bonds; to provide for Bond Insurance; to authorize the execution and delivery of Broker-Dealer Agreements and an Auction Agent Agreement; to provide for the delivery of the Series 2004I Bonds and the Series 2004K Bonds; to provide for the application of the proceeds of the Bonds; and for other purposes.
Motion to Adopt both items on Substitute. It was properly Seconded and a discussion ensued, during which, Councilmember Norwood made a Motion to enter Committee of the Whole. Properly Seconded, the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. Council then entered Committee of the Whole.
COMMITTTE OF THE WHOLE
In Committee of the Whole, Councilmembers entertained questions to Michael Wheat, Bond Counsel underwriter; Janice Davis, Chief Financial Officer; and Bill Clemen, Co-Financial Advisor. Following discussion, Councilmember Moore was recognized and made a Motion to exit Committee of the Whole. It was Properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. Council then re-entered Regular Session.
Council President Lisa M. Borders Presided
COMMITTEE REPORT
(CONT’D)FINANCE/EXECUTIVE COMMITTEE (3)
DEBI STARNES, CHAIR
RESOLUTIONS (CONT’D)
04-R-1942 ( 1) A Resolution by Councilmember Debi Starnes as
(Cont’d) Substituted by Full Council to specify the principal amount to mature in each year and the optional and mandatory redemption provisions of the Series 2004I Bonds (Auction Rate Securities) and the Series 2004K Bonds (Auction Rate Securities) being issued pursuant to the Eighth Supplemental Bond Ordinance adopted on October 18, 2004 (04-O-1811); to specify the Initial Interest Rates and Initial Auction Periods for each Series; to authorize and approve the Bond Purchase Agreements with respect to the Series 2004I Bonds and the Series 2004K Bonds; to provide for Bond Insurance; to authorize the execution and delivery of Broker-Dealer Agreements and an Auction Agent Agreement; to provide for the delivery of the Series 2004I Bonds and the Series 2004K Bonds; to provide for the application of the proceeds of the Bonds; and for other purposes.
REGULAR SESSION
During Regular Session, Chairperson Starnes made a Motion to Adopt both Resolutions 04-R-1942 & 04-R-1943 on Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.
ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS
Council President Lisa M. Borders Presided
COMMITTEE REPORT
(CONT’D)FINANCE/EXECUTIVE COMMITTEE (4)
DEBI STARNES, CHAIR
RESOLUTIONS (CONT’D)
04-R-1943 ( 2) A Resolution by Councilmember Debi Starnes as Substituted by Full Council to specify the principal amount to mature in each year and the optional and mandatory redemption provisions of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds being issued pursuant to the Eighth Supplemental Bond Ordinance adopted on October 18, 2004 (04-O-1811); to authorize and approve the execution of the Bond Purchase Agreement with respect to the Series 2004F Bonds, the Series 2004G Bonds and the Series 2004J Bonds; to provide for Bond Insurance Policies; to provide for the delivery of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds, to provide for the application of the proceeds of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds; and for other purposes.
At the Council’s Regularly Scheduled Meeting of November 1, 2004, Finance/Executive Committee Chairperson Starnes sounded the captions of Resolutions 04-R-1942 & 04-R-1943 and noted both were forwarded from committee with No Recommendation. Ms. Starnes then made a Motion to Table both resolutions in anticipation of their consideration at a future Special Called Council Meeting. Properly Seconded, the Motion CARRIED by a roll call vote of 13 yeas; 0 nays. During the Special Called Meeting, Municipal Clerk Rhonda Dauphin Johnson sounded the caption of Resolutions 04-R-1942 & 04-R-1943. Following, Chairperson Starnes made a Motion to remove both resolutions from the Table. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. Ms. Starnes then made a Motion to bring forth a Substitute for both items. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. The Substitute for Resolutions 04-R-1942 & 04-R-1943 were before the
Council President Lisa M. Borders Presided
COMMITTEE REPORT
(CONT’D)FINANCE/EXECUTIVE COMMITTEE (5)
DEBI STARNES, CHAIR
RESOLUTIONS (CONT’D)
04-R-1943 ( 2) A Resolution by Councilmember Debi Starnes as
(Cont’d) Substituted by Full Council to specify the principal amount to mature in each year and the optional and mandatory redemption provisions of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds being issued pursuant to the Eighth Supplemental Bond Ordinance adopted on October 18, 2004 (04-O-1811); to authorize and approve the execution of the Bond Purchase Agreement with respect to the Series 2004F Bonds, the Series 2004G Bonds and the Series 2004J Bonds; to provide for Bond Insurance Policies; to provide for the delivery of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds, to provide for the application of the proceeds of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds; and for other purposes.
Council. After which, Chairperson Starnes made a Motion to Adopt both items on Substitute. It was properly Seconded and a discussion ensued, during which, Councilmember Norwood made a Motion to enter Committee of the Whole. Properly Seconded, the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. Council then entered Committee of the Whole.
COMMITTTE OF THE WHOLE
In Committee of the Whole, Councilmembers entertained questions to Michael Wheat, Bond Counsel underwriter; Janice Davis, Chief Financial Officer; and Bill Clemen, Co-Financial Advisor. Following discussion, Councilmember Moore was recognized and made a Motion to exit Committee of the Whole. It was Properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. Council then re-entered Regular Session.
Council President Lisa M. Borders Presided
COMMITTEE REPORT
(CONT’D)FINANCE/EXECUTIVE COMMITTEE (6)
DEBI STARNES, CHAIR
RESOLUTIONS (CONT’D)
04-R-1943 ( 2) A Resolution by Councilmember Debi Starnes as
(Cont’d) Substituted by Full Council to specify the principal amount to mature in each year and the optional and mandatory redemption provisions of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds being issued pursuant to the Eighth Supplemental Bond Ordinance adopted on October 18, 2004 (04-O-1811); to authorize and approve the execution of the Bond Purchase Agreement with respect to the Series 2004F Bonds, the Series 2004G Bonds and the Series 2004J Bonds; to provide for Bond Insurance Policies; to provide for the delivery of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds, to provide for the application of the proceeds of the Series 2004F Bonds, the Series 2004G Bonds, and the Series 2004J Bonds; and for other purposes.
REGULAR SESSION
During Regular Session, Chairperson Starnes made a Motion to Adopt both Resolutions 04-R-1942 & 04-R-1943 on Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.
ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS
ADJOURNMENT
Council President Lisa M. Borders Presided
ADJOURNMENT
There being no further business to discuss the November 10, 2004 Special Called Meeting of the Atlanta City Council was adjourned at 12:11 p.m.
ADJOURNMENT ROLL CALL: Council President Lisa M. Borders (1); Councilmembers Smith, Starnes, Young, Fauver, Shook, Muller, Moore, Maddox, Sheperd, Norwood and Willis (11).
| Starting Session |
| ROLL CALL |
| Legislative Session Day |
| Wednesday, November 10, 2004 |
| ATTENDANCE | Outcome: | ATTENDANCE | RCS #: | 6228 |
| Total Votes: | 16 | Yea: | 12 | Nay: | 0 | Not | 0 | Excused: | 0 | Pair Yes: | 0 | Absent: | 4 | PAR: | 0 |
| Yea: | : Borders, Fauver, Maddox, Moore, Muller, Norwood, Sheperd, Shook, Smith, Starnes, Willis, Young |
| Absent: | : Archibong, Martin, Mitchell, Winslow |
| MULTIPLE | 04-R-1942 AND 04-R-1943 | Outcome: | PASSED | RCS #: | 6229 |
| RMV FROM TABLE |
| Total Votes: | 16 | Yea: | 11 | Nay: | 0 | Not | 1 | Excused: | 0 | Pair Yes: | 0 | Absent: | 4 | PAR: | 0 |
| Yea: | : Fauver, Maddox, Moore, Muller, Norwood, Sheperd, Shook, Smith, Starnes, Willis, Young |
| Not Voting: | : Borders |
| Absent: | : Archibong, Martin, Mitchell, Winslow |
| MULTIPLE | 04-R-1942 AND 04-R-1943 | Outcome: | PASSED | RCS #: | 6230 |
| SUB FWD |
| Total Votes: | 16 | Yea: | 11 | Nay: | 0 | Not | 1 | Excused: | 0 | Pair Yes: | 0 | Absent: | 4 | PAR: | 0 |
| Yea: | : Fauver, Maddox, Moore, Muller, Norwood, Sheperd, Shook, Smith, Starnes, Willis, Young |
| Not Voting: | : Borders |
| Absent: | : Archibong, Martin, Mitchell, Winslow |
| PROCEDURA | **** ENTER COMMITTEE OF THE WHOLE **** | Outcome: | PASSED | RCS #: | 6231 |
| Total Votes: | 16 | Yea: | 11 | Nay: | 0 | Not | 1 | Excused: | 0 | Pair Yes: | 0 | Absent: | 4 | PAR: | 0 |
| Yea: | : Fauver, Maddox, Moore, Muller, Norwood, Sheperd, Shook, Smith, Starnes, Willis, Young |
| Not Voting: | : Borders |
| Absent: | : Archibong, Martin, Mitchell, Winslow |
| PROCEDURA | **** RETURN TO REGULAR SESSION **** | Outcome: | PASSED | RCS #: | 6232 |
| Total Votes: | 16 | Yea: | 11 | Nay: | 0 | Not | 1 | Excused: | 0 | Pair Yes: | 0 | Absent: | 4 | PAR: | 0 |
| Yea: | : Fauver, Maddox, Moore, Muller, Norwood, Sheperd, Shook, Smith, Starnes, Willis, Young |
| Not Voting: | : Borders |
| Absent: | : Archibong, Martin, Mitchell, Winslow |
| MULTIPLE | 04-R-1942 AND 04-R-1943 | Outcome: | PASSED | RCS #: | 6233 |
| ADOPT ON SUB |
| Total Votes: | 16 | Yea: | 11 | Nay: | 0 | Not | 1 | Excused: | 0 | Pair Yes: | 0 | Absent: | 4 | PAR: | 0 |
| Yea: | : Fauver, Maddox, Moore, Muller, Norwood, Sheperd, Shook, Smith, Starnes, Willis, Young |
| Not Voting: | : Borders |
| Absent: | : Archibong, Martin, Mitchell, Winslow |
| ATTENDANCE | Outcome: | ATTENDANCE | RCS #: | 6234 |
| Total Votes: | 16 | Yea: | 12 | Nay: | 0 | Not | 0 | Excused: | 0 | Pair Yes: | 0 | Absent: | 4 | PAR: | 0 |
| Yea: | : Borders, Fauver, Maddox, Moore, Muller, Norwood, Sheperd, Shook, Smith, Starnes, Willis, Young |
| Absent: | : Archibong, Martin, Mitchell, Winslow |