City of Atlanta
Georgia

Ordinance
14-O-1025
Adopted Substitute as Amended
Nov 3, 2014 1:00 PM

AN ORDINANCE BY COUNCILMEMBERS JOYCE SHEPERD, HOWARD SHOOK, C. T. MARTIN, AND FELICIA A. MOORE
AS SUBSTITUTED (#2) AND AMENDED BY CITY UTILITIES COMMITTEE
AMENDING CHAPTER 2 (“ADMINISTRATION”), ARTICLE XVI (“BOARDS, COUNCILS, COMMISSIONS AND AUTHORITIES”), DIVISION 2 (“CLEAN CITY COMMISSION”) OF THE CITY OF ATLANTA CODE OF ORDINANCES SO AS TO RENAME DIVISION 2 FROM THE CLEAN CITY COMMISSION TO THE KEEP ATLANTA BEAUTIFUL COMMISSION; TO PLACE KEEP ATLANTA BEAUTIFUL UNDER THE PURVIEW OF THE DEPARTMENT OF PUBLIC WORKS; TO DIRECT KEEP ATLANTA BEAUTIFUL TO PROVIDE THE CITY COUNCIL ON A BI-ANNUAL BASIS A PERFORMANCE AUDIT OF ALL ACTIVITIES; AND FOR OTHER PURPOSES.

Information

Department:Council District 12Sponsors:Councilmember, District 10 Clarence "C. T." Martin, Council President Felicia A Moore, Councilmember, District 7 Howard Shook, Councilmember, District 12 Joyce M Sheperd
Category:City UtilitiesFunctions:None Required

Attachments

  1. 14-O-1025-MOU
  2. 14-O-1025 (Amendment Form) (This file has not yet been converted to a viewable format)
  3. SUB & AMD 14-O-1025 (Keep Atlanta Beautiful) (This file has not yet been converted to a viewable format)
  4. SUB #2 (KAB) 14-O-1025 (This file has not yet been converted to a viewable format)
  5. KAB MOU 14-O-1025 (Updated 10-13-14) (This file has not yet been converted to a viewable format)
  6. 14o1025 Final Action Legislation

Body

WHEREAS, Keep America Beautiful, Inc. ("KAB") is a national non-profit public education organization dedicated to preserving the natural beauty and environment of America and improving waste handling practices at the community level; through its over 1,200 affiliate organizations, it is building partnerships with volunteer organizations, government agencies, and the private sector; and

 

WHEREAS, the Keep Atlanta Beautiful Commission ("Commission"), the Atlanta affiliate organization, is a Georgia non-profit organization which currently consists of 27 board members who are volunteers and representatives of various business, civic and community groups, whose mission is to serve the City of Atlanta ("City") by developing and implementing public education and community improvement programs that make a cleaner and greener City and seeks improvements in littering, recycling, beautification, and natural resource conservation; and

 

WHEREAS, the Commission’s board can benefit from a balance of members that includes representatives of community organizations, as well as corporations with an Atlanta presence to promote local innovative ideas backed by strong corporate responsibility; and

 

WHEREAS, several vacancies exist on the Commission and every effort should be made to nominate candidates to fill those vacancies within 30 days of the effective date of this legislation to better enable the Commission to accomplish its work; and

 

WHEREAS, many KAB affiliates  work closely with the local municipality's Department of Public Works or similar agency; and

 

WHEREAS, the City desires to amend the Code of Ordinances section to establish the Keep Atlanta Beautiful Commission; to place the Commission under the purview of the Department of Public Works; and to require the Commission to report bi-annually to the City Council and to the Commissioner of the Department of Public Works.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, as follows:

 

SECTION 1: City of Atlanta Ordinances, Chapter 2 (entitled "Administration"), Article XVI (entitled "Boards, Councils, Commissions and Authorities"), Division 2 (entitled "Clean City Commission") shall now read as follows (bold indicates new or changed language):

 

              Division 2. - Keep Atlanta Beautiful Commission

 

Section 2-1876. Established; Composition.

 

              Keep Atlanta Beautiful is established and created pursuant to section 3-401 of the Charter and Keep Atlanta Beautiful shall act in an advisory capacity to the city council to empower communities to safeguard and enhance the City’s aesthetic appeal as embodied and reflected in the built and natural environments in an effort to help improve quality of life, and stimulate economic growth and development opportunities within the City of Atlanta. Keep Atlanta Beautiful shall be composed of 18 members representing business and professional groups, trade unions, educational groups, civic clubs, the chamber of commerce, other groups and the general public.  Keep Atlanta Beautiful shall operate under the purview of the Department of Public Works.

 

Section 2-1877. - Appointment of Members.

             

The 18 members of the Keep Atlanta Beautiful Commission shall be appointed as follows and said appointments shall be confirmed by the City Council:

 

(a)              Ten members shall be appointed by the Mayor from the business community and other organizations with an Atlanta presence, examples of which include:  Southern Company; The Coca-Cola Company; Georgia-Pacific, LLC; Waste Management, Inc.; AT&T, Inc.; Atlanta Convention and Visitor’s Bureau; MARTA;

(b)              One member shall be appointed by the President of Council;

(c)              One Councilmember shall be appointed by the Atlanta City Council;

(d)              One member shall be appointed by Councilmembers from Districts 1, 2, 3, 4, and Post 1 from the community;

(e)              One member shall be appointed by Councilmembers from Districts 5, 6, 7, 8, and Post 2 from the community;

(f)              One member shall be appointed by Councilmembers from Districts 9, 10, 11, 12, and Post 3 from the community;

(g)              One member shall be appointed by the Atlanta Public Schools;

(h)              One member shall be appointed by the Atlanta Planning Advisory Board;

(i)              One member shall be the Commissioner of the Department of Public Works or his designee.

 

Section 2-1878. - Time limit on appointments

 

For all appointments of members to the Keep Atlanta Beautiful Commission, the appropriate appointing party shall submit, in writing, names of those individuals to be considered for membership to the Keep Atlanta Beautiful Commission within 60 days prior to the expiration of the term of any member. For any existing vacancies, the appropriate appointing party shall submit, in writing, the names of those individuals to be considered for membership to the Keep Atlanta Beautiful Commission within 30 days of the effective date of this Ordinance.

 

Section 2-1879. - Terms of office.

 

Every member of the Keep Atlanta Beautiful Commission shall serve for a term of two years commencing from the time of the member's initial appointment. If at the expiration of two years a successor is not appointed, the member shall continue as a member of the commission until a successor is appointed and qualifies to serve. An individual may have succession with consecutive terms as a member.

 

Section 2-1880. - Vacancies.

 

Any membership vacancies created on the Keep Atlanta Beautiful Commission by any reason whatsoever shall be filled in accordance with the procedure outlined in section 2-1877. However, the appointing procedure shall be limited to the mayor, the city council president or the appropriate city councilmember so that the representation and membership classification as indicated in section 2-1877 shall be maintained.

 

Section 2-1881. - Organization; Rules; Consultations.

 

The Keep Atlanta Beautiful Commission shall hold an organizational meeting in January of each year to elect officers and transact any other authorized business. At such meeting and thereafter from time to time on the call of the chair of the commission, the commission shall adopt and promulgate or amend such bylaws, rules and regulations as are deemed necessary or convenient to the conduct of the affairs of the commission. The commission and its members may consult with city officials, department heads and the advisory board, established pursuant to section 2-1186, in the performance of the business and duties of the commission.

 

Section 2-1882. - Officers.

 

(a)              The membership of the Keep Atlanta Beautiful Commission shall elect eight officers. These officers shall be the following:

(1)              The chair;

(2)              The vice-chair;

(3)              The secretary; and

(4)              The chairs of the five committees created pursuant to section 2-1884

(b)              The chair of the commission shall appoint an assistant secretary, parliamentarian and timekeeper.

(c)              Elected officers shall serve one-year terms from the time of their election at the annual meeting.

 

Section 2-1883. - Compensation; Conflict of interest.

 

(a)              Members of the Keep Atlanta Beautiful Commission shall serve without compensation from the city but shall be eligible for reimbursement for actual and necessary expenses incurred in the performance of their duties.

(b)              Keep Atlanta Beautiful shall recommend one (1) finalist for the Executive Director from a pool of qualified applicants for the position, who shall be confirmed by the City Council. The finalist shall be referred to both the committee of purview and the committee on council for review and report at the next regular council meeting. Action on the appointment or removal shall only require a simple majority of city council vote.

 

(c)              A member of the Keep Atlanta Beautiful Commission may contract to provide services to the city in the ordinary course of the business or profession of such member. No member shall participate as a member in the review and recommendations of the commission on any proposed work or work done by any such member or any corporation, partnership or other legal entity in which such member has any financial interest.

 

Section 2-1884. - Standing Committees.

 

(a)              There are created five standing committees of the Keep Atlanta Beautiful Commission. Each committee is authorized to establish any and all task forces which are necessary to achieve the goals and purposes of the commission. These committees shall include the following:

 

(1)              Business and industry committee;

(2)              Community organizations committee;

(3)              Municipal operations committee;

(4)              Education committee; and

(5)              Communications committee.

(b)              Each committee shall have the powers given to it under the bylaws adopted by the commission.

(c)              The members of the commission shall have authority to establish any other committees which in their discretion are necessary for the purposes of the commission.

 

Section 2-1885. - Executive Committee.

 

There is established an executive committee of the Keep Atlanta Beautiful Commission. The executive committee shall be comprised of all elected officers and elected committee chairs.

 

Section 2-1886. - Advisory Board.

 

The members of the Keep Atlanta Beautiful Commission shall be empowered to select no more than ten persons to constitute an advisory board to the commission. Members of the advisory board shall represent an economic cross section and representation of the community and shall be distinguished residents of the city to whom the members of the commission shall look for suggestions and consultation. An advisory board member shall serve in the discretion of the commission members.

 

Section 2-1887. - Removal of Members.

 

Any member of the Keep Atlanta Beautiful Commission who accumulates three successive absences from regularly scheduled meetings of the commission or who fails and refuses to perform the duties of a member of the commission in good standing shall be recommended by a majority vote of the entire commission's membership to be removed. This recommendation shall be forwarded to the council who shall then consider removal of the member from the commission.

 

Section 2-1888. - Voting.

 

All members of the Keep Atlanta Beautiful Commission, except its chair, have one vote equal in weight. The chair shall vote only to break a tie.

 

Section 2-1889. - Meetings.

 

Meetings of the Keep Atlanta Beautiful Commission shall be held once per month on the date and time designated by the commission members. It shall be the responsibility of the chair to ensure that meeting agendas and material shall be received by all commission members at least one week before any regularly scheduled commission meeting. All meetings shall be open to the public.

 

Section 2-1890. - Duties.

 

Within the stated purpose of this article, the Keep Atlanta Beautiful Commission shall perform the following duties:

(a)              Develop proactive strategies to promote sustainable change with the goal of eliminating littering and improper handling of solid waste materials, and encouraging on-going community improvement efforts in the built and natural environments;

(b)              Seek to modify public attitudes and behavior toward littering and the proper handling of solid waste and beautification through education and example;

(c)              Encourage citizens to conserve natural elements, and improve air and water quality of the communities;

(d)              Serve as an educational resource for community environmental information, activities, and techniques;

(e)              Other activities consistent with the mission and purpose to serve and educate the community on built and natural environmental matters;

(f)              Consult with the various city departments to achieve any and all goals established by this article and the commission membership;

(g)  Seek active community involvement in the control of solid waste and recycling projects  and education of the entire community in regard to abating, controlling and reducing solid waste in the city;

(h)              Work with communities in a continuous effort to attract participation and volunteers and enforce projects to abate, control and reduce solid waste by conducting educational briefings throughout the community;

(i)              Work with city agencies and departments to reviewsolid waste and sustainability related ordinances and make recommendations to improve laws; and

(j)              Work with the Atlanta Public School system on awareness about solid waste programs  in schools throughout our community.

 

Section 2-1891. - Powers.

 

In order to accomplish its purposes, the Keep Atlanta Beautiful Commission shall, in consultation and collaboration with the Commissioner of the Department of Public Works, be empowered to:

(1)              Initiate, plan, direct and coordinate the community effort to abate, control and reduce litter;

(2)              Adopt bylaws to facilitate the attainment of its purposes and functions;

(3)              Solicit and accept donations and appropriations of money, services, products, property and facilities for expenditure and use by the commission for the accomplishment of its objectives, subject to the limitations of subsection (5) of this section and section 2-1892.

(4)              Employ and terminate the employment of such staff as may be approved by the council;

(5)              Procure goods and services necessary for its purposes in accordance with procedures as approved by the city's Chief Procurement Officer; however, such procurement practices shall be subject to any specific requirements as set forth in any contract the commission enters into with the city;

(6)              Establish and maintain bank accounts separate from the city's accounts for the sole purpose of executing financial transactions pursuant to the attainment of its purposes and functions prescribed by this article; all accounts and financial transactions of the commission shall be subject to an annual audit and examination conducted by the city; and

(7)              Exercise all other powers expressed in this article or given to the commission by the council.

 

Section 2-1892. - Funding.

 

The Keep Atlanta Beautiful Commission shall submit budget requests annually in a manner prescribed by the Commissioner of the Department of Public Works, as established by ordinance or regulation of the city. The annual budget requests of Keep Atlanta Beautiful are subject to approval by the Commissioner of the Department of Public Works and the City Council. The Commission may make application for state, federal or private funds and grants and may use any funds so received in the performance of duties and functions prescribed by this article. The Commission shall not be authorized to make application for state, federal or private funds and grants over $20,000.00 without prior official approval of the city council for a gift, grant, bequest or devise of real property, money or personal property to be applied, principal or income, for either permanent or temporary use for commission purposes if the acceptance of any such gift, grant, bequest or devise will subject the city to additional expense of any nature or obligation of any kind.  The Commission may also request assistance, through the Commissioner of the Department of Public Works, from other city departments such as the Office of Sustainability, which assistance will be provided subject to funding, availability and feasibility. The Commission, on a bi-annual basis, shall report to the City Council committee of purview and in writing to the Full Council, its activities in connection with each project or undertaking.  The Commission shall also report its activities, on a bi-annual basis, to the Commissioner of the Department of Public Works

 

SECTION 2:              This ordinance shall take effect upon approval.

 

SECTION 3:              All ordinances in conflict herewith are hereby waived for purposes of this Ordinance only, and only to the extent of said conflict.

 

 

Meeting History

Jan 6, 2014 12:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

Jan 14, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 21, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Jan 28, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
Feb 3, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Feb 14, 2014 12:30 PM Video City Utilities Committee Regular Committee Meeting
draft Draft
Feb 17, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Feb 25, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 3, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Mar 11, 2014 9:30 AM  City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 17, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Mar 25, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Apr 21, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: ARCHIBONG, WAN, SHOOK, ADREAN, DICKENS, SHEPERD & YOUNG

RESULT:REFERRED AS HELD
Apr 29, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 5, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
May 13, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 19, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
May 27, 2014 9:30 AM  City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 2, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Jun 10, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 16, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Jun 24, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 7, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Jul 15, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 21, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Jul 29, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 18, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Aug 26, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 2, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Sep 9, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 15, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Sep 23, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 6, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE

RESULT:RETURNED AS HELD
Oct 14, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 20, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 28, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE/SUB/CONDITION [6 TO 0]
MOVER:Howard Shook, Councilmember, District 7
SECONDER:Joyce M Sheperd, Councilmember, District 12
AYES:Ivory Lee Young Jr., Yolanda Adrean, Andre Dickens, Joyce M Sheperd, Howard Shook, Alex Wan
ABSTAIN:Natalyn Mosby Archibong
Nov 3, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Chairperson Archibong sounded the caption to Ordinance 14-O-1025 and made a Motion to bring forth a Substitute. It was properly Seconded and CARRIED by a roll call vote of 13 yeas; 0 nays. The Substitute was before Council. Following, Councilmember Wan made a Motion to Adopt on Substitute. It was Seconded by Councilmember Bond. After which, Chairperson Archibong offered an Amendment as follows: Page 4: Section 2-1883(b)-Compensation; Conflict of interest to read: Keep Atlanta Beautiful shall recommend one (1) finalist for the Executive Director from a pool of qualified applicants for the position, who shall be confirmed by the City Council. The finalist shall be referred to both the committee of purview and the committee on council for review and report at the next regular council meeting. Action on the appointment or removal shall only require a simple majority of City Council vote; Page 6; Section 2-1891-Powers to read: In order to accomplish its purposes, the Keep Atlanta Commission shall, in consultation and collaboration with the Commissioner of the Department of Public works, be empowered to; Page 6; Section 2-1892- Funding to read: The Keep Atlanta Beautiful Commission shall submit budget requests annually in a manner prescribed by the Commissioner of the Department of Public works, as established by ordinance or regulation of the City. The annual budget requests of Keep Atlanta Beautiful are subject to approval by the Commissioner of the Department of Public Works and the City Council. Chairperson Archibong Amendment was properly Seconded and CARRIED by a roll call vote of 14 yeas; 0 nays. Subsequently, the Motion to Adopt on Substitute as Amended CARRIED by a roll call vote of 13 yeas; 0 nays.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE AS AMENDED [13 TO 0]
MOVER:Clarence "C. T." Martin, Councilmember, District 10
SECONDER:Felicia A Moore, Councilmember, District 9
AYES:Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
AWAY:Michael Julian Bond, Mary Norwood