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CITY GOVERNMENT
OFFICIAL PROCEEDINGS OF CITY COUNCIL
SAVANNAH, GEORGIA
The regular meeting of Council was held at 2:00 p.m. in the Council Chambers of City Hall. The Pledge of Allegiance was recited in unison followed by the invocation by Alderwoman Estella Shabazz.
PRESENT: Mayor Eddie W. DeLoach, Presiding
Aldermen Carol Bell, Julian Miller, Brian Foster, Bill Durrence, Van Johnson, II, Tony Thomas, John Hall and Estella E. Shabazz
Rob Hernandez, City Manager
Bret Bell, Assistant to the City Manager
Jennifer Herman, Interim City Attorney
William Shearouse, Assistant City Attorney
Upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, unanimous approval was given to amend the agenda to add the following items:
- 46. Settlement of Claim for Personal Injuries: Robert McKinley in the amount of $150,000.00
- 47. Two personnel related items, resulting from Executive Session discussions
- 48. Motion to reschedule the July 4, 2019 City Council Meeting to July 2, 2019
Upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, unanimous approval was given for the Mayor to sign an affidavit and resolution on Real Estate, Litigation and Personnel for an Executive Session held today where no votes were taken.
A RESOLUTION OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH AUTHORIZING THE MAYOR TO SIGN AFFIDAVIT OF EXECUTIVE SESSION.
BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah as follows:
At the meeting held on the 25th day of April, 2019 the Council entered into a closed session for the purpose of discussing Real Estate, Litigation and Personnel. At the close of the discussions upon this subject, the Council reentered into open session and herewith takes the following action in open session:
- The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified;
- Each member of this body does hereby confirms that to the best of his or her knowledge, the subject matter of the closed session was devoted to matters within the specific relevant exception(s) as set forth above;
- The presiding officer is hereby authorized and directed to execute an affidavit, with full support of the Council in order to comply with O.C.G.A. §50-14-4(b); 17
- The affidavit shall be included and filed with the official minutes of the meeting and shall be in a form as required by the statute.
ADOPTED AND APPROVED: APRIL 25, 2019 upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
The amended agenda was approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
The minutes were approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
Agenda items 3, 4 and 5 were approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
The Proclamation declaring April as Child Abuse Awareness and Prevention month was read by Mayor DeLoach.
Gene Prevatt, Sanitation Director, read and presented a plaque to Preston Walthour for 52 years of dedicated service to the City of Savannah.
Ardis Wood, Scenic Chatham's Co-Chair, presented a Certificate of Appreciation to Stacey Ferguson, Director of the 311 Call Center and staff.
The hearings for items 9 and 10 were closed upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried.
The alcohol license was approved upon of Alderman Durrence, seconded by Alderman Foster, and unanimously carried.
The alcohol license was approved upon of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried.
Continued to the meeting of May 23, 2019, upon motion of Alderman Durrence, seconded by Alderman Johnson, and unanimously carried per the petitioner's request.
Marcus Lotson, Development Services Director - Metropolitan Planning Commission, briefly described the petitioner's request.
City Manager Hernandez informed Council that he had discussions with the petitioner to remind them of the requirements to abide by the City’s Complete Streets Ordinance. Which means any boulevard or street standards will incorporate the ordinance as required by law.
Rusty Ross, representative for the developer, reminded Council that the City has already been given a parcel of land for the development of a police and fire facility.
The hearings for items 12 and 13 were closed upon motion of Alderman Johnson, seconded by Alderman Hall, and unanimously carried.
The amendment was approved upon motion of Alderman Johnson, seconded by Alderman Durrence, and unanimously carried.
The rezoning was approved upon motion of Alderman Johnson, seconded by Alderwoman Bell, and unanimously carried.
Alderman Johnson briefly presented the item discussing the work of Mr. Lucius "Bo" Levett.
Dr. Ann Levett, Savannah Chatham County Public County School System Superintendent, thanked the Mayor and Council for the recognition of her father.
Item 14 was approved upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried.
Mayor DeLoach also thanked Dr. Levett for the Business Partner Appreciation Award received from the School Board.
Alderman Miller provided a brief history of the park. Alan Boulton. Paradise Park Oakhurst Neighborhood Association appeared to thank Council.
Item 15 was approved upon motion of Alderman Miller, seconded by Alderman Thomas, and unanimously carried.
Alderman Thomas provided a brief history on Rosedew Park and Falligant Pavilion.
Items 16 and 17 were approved upon motion of Alderman Thomas, seconded by Alderman Hall, and unanimously carried.
Alderman Johnson provided a brief history of the African American Monument and the work Dr. Abbie H. Jordan did to get it erected.
Item 18 was approved upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried.
Ordinance read for the first time in Council April 25, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried. Alderman Johnson not voting.
The ordinance is on file in the Office of the Clerk of Council.
Ordinance read for the first time in Council April 25, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderwoman Shabazz, seconded by Alderwoman Bell, and unanimously carried. Alderman Johnson not voting.
The ordinance is on file in the Office of the Clerk of Council.
Ordinance read for the first time in Council April 25, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Durrence, seconded by Alderman Foster, and unanimously carried. Alderman Miller was not present for the vote.
The ordinance is on file in the Office of the Clerk of Council.
Ordinance read for the first time in Council April 25, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Durrence, seconded by Alderman Foster, and unanimously carried. Alderman Miller was not present for the vote.
The ordinance is on file in the Office of the Clerk of Council.
Ordinance read for the first time in Council April 25, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Hall, seconded by Alderman Foster, and unanimously carried. Alderman Miller was not present for the vote.
The ordinance is on file in the Office of the Clerk of Council.
Ordinance read for the first time in Council April 25, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderwoman Bell, seconded by Alderman Foster, and unanimously carried. Alderman Miller was not present for the vote.
The ordinance is on file in the Office of the Clerk of Council.
Ashley Simpson, Revenue Director, briefy reviewed the amendments to the 2019 Revenue Ordinance.
Ordinance read for the first time in Council April 25, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Foster, seconded by Alderman Hall, and unanimously carried.
Melissa Carter, Budget Director, briefly described the amendments to the Budget and Capital Improvement Program.
Ordinance read for the first time in Council April 25, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Johnson, seconded by Alderwoman Bell, and unanimously carried.
The Resolution was approved upon motion of Alderman Johnson, seconded y Alderwoman Shabazz, and unanimously carried.
The Resolution was approved upon motion of Alderman Foster, seconded by Alderman Miller, and unanimously carried.
Pastor Leonard Small expressed his concerns with the process and actions taken by Council.
Harold Yellin, Attorney for OVG and representatives presented Council with the presentation previously given in Executive Session on April 11th.
Alderman Thomas questioned Mr. Luukko in reference to the Broward County deal.
Alderman Johnson discussed his issues with what he did and did not see in the proposal. In addition he discussed the problems he has with the RFP and the Executive Session and the apparent conflict of interest with a member of Council’s family member who is involved with the contract.
Alderwoman Shabazz explained why she would be voting against this contract and suggested the procurement process be reviewed.
Upon motion of Alderman Miller, seconded by Alderman Hall, and carried a board vote was taken with the following voting in favor: Mayor DeLoach, Aldermen Miller, Foster, Durrence and Hall. Aldermen Johnson, Thomas and Shabazz voted against the motion. Alderwoman Bell recused herself from the vote.
Item 30 was approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Item 31 was approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried per the City Manager's recommendation.
Item 32 was approved upon motion of Alderman Miller, seconded by Alderman Hall, and unanimously carried per the City Manager's recommendation.
Item 33 was approved upon motion of Alderman Durrence, seconded by Alderwoman Shabazz, and unanimously carried per the City Manager's recommendation.
Item 34 was approved upon motion of Alderman Durrence, seconded by Alderman Miller, and unanimously carried per the City Manager's recommendation.
Withdrawn per the City Manager's recommendation
Withdrawn per the City Manager's recommendation
The Intergovernmental Agreement was approved upon motion of Alderwoman Shabazz, seconded by Alderman Foster, and unanimously carried per the City Manager's recommendation. Alderman Johnson recused himself from the vote. Alderman Durrence was not present for the vote.
Items 38 through 42 were approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried per the City Manager's recommendations.
Jennifer Herman, Interim City Attorney, swore in all parties providing testimony for the Show Cause Hearings for items 43 and 44.
Denise Cooper, Assistant City Attorney, conducted the Show Cause Hearing for Jyoti Patel of Montgomery Market located at 4305 Montgomery Street in Aldermanic District 5.
Attorney Herman informed Council a letter was sent to Montgomery Market via certified mail on April 5, 2019 and a signed receipt was received in the City Attorney's Office. However, there are no representatives present from the location.
Lieutenant Shinita Young, Savannah Police Department (Alcohol Beverage Compliance Unit), provided testimony of events that led to the recommendation of revocation.
The Show Cause hearing was closed upon motion of Alderman Miller, seconded by Alderwoman Shabazz, and unanimously carried.
The staff recommendation to revoke the alcohol license for Montgomery Market was approved upon motion of Alderwoman Shabazz, seconded by Alderman Miller, and unanimously carried.
Denise Cooper, Assistant City Attorney, conducted the Show Cause Hearing for Guavav Patel for The HUB at Montgomery located at 4402 Montgomery Street in Aldermanic District 5.
Lieutenant Shinita Young, Savannah Police Department (Alcohol Beverage Compliance Unit), provided testimony of events that led to the recommendation of revocation.
Michael Chaney, Code Compliance Supervisor, provided additional testimony of Code Compliance violations at the location.
The Show Cause hearing was closed upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried.
The staff recommendation to revoke the alcohol license for The HUB was approved upon motion of Alderwoman Shabazz, seconded by Alderman Miller, and unanimously carried.
Alderman Hall inquired if the revocation will be effective today. Attorney Herman informed Council it will be effective today, she will send a letter from the City Attorney's Office and have a Savannah Police Department Officer to both locations to provide notice.
Prior to the appeal made by representatives of SMG, Ivan Cohen, resident addressed Council with his concerns about inclusion as it relates to the Arena.
City Manager Hernandez informed Council an administrative hearing was held yesterday and due to the dissatisfaction of the decision to uphold the Acting Purchasing Director’s decision to recommend awarding the contract to OVG, SMG Venue Services is now appealing to the Mayor and Aldermen.
Brian Terrell and James Curry from the Program Manager, Jones Lang LaSalle (JLL), accompanied by Manuel Dominguez, Director of the Office of Business Opportunity, presented the presentation given to Council during the Executive Session at the meeting of April 11, 2019.
Following the presentation of JLL, time was allotted for the SMG, petitioner, to present its case to the Mayor and Council. Mike Vaquer, Government Affairs Consultant for SMG, introduced Harry Cann, Vice President of Arenas and Stadiums for SMG, and Harold Buckley, Attorney for SMG.
Attorney Buckley respectfully requested that Council sustain its appeal; either disqualify OVG for the deficiencies in its proposal or start the process over so everyone is on a level playing field.
City Manager Hernandez addressed the following four points made by Attorney Buckley:
- OVG refused to provide financial statements – they responded on page 25 of their response and offered to provide the City staff and representatives access to additional information upon request. The request was made and granted to the City.
- Additionally, the financials are not a graded criteria in this process.
- DBE participation at the sub-contractor level – SMG brought it to the attention of staff and the City agreed and changes its approach to assign a score based on prime level DBE participation and a commitment to a level of participation on the subcontractor level.
- Scope – this solicitation was always intended to be a phased approach which is why the RFP was written in the manner it was and specifies three distinct phases and each phase was broken down into sub-tasks or sub-phases.
- Negotiations – it was alluded that staff was engaged in negotiations with one of the responding firms which is untrue. Staff has not entertained any negotiations with OVG and that will not occur until Council makes a decision.
Alderman Foster inquired about SMG’s history of protesting.
Alderman Thomas expressed his displeasure with the process to include the Executive Session of April 11th. He inquired which members of Council spoke with OVG representatives.
Alderman Johnson expressed his concerns about the process and thinks things have been done wrong.
Alderwoman Shabazz detailed her concerns with the process and forms used to quantify the DBE participation.
Alderman Thomas requested the City Manager explain his relationship with OVG.
City Manager Hernandez provided Council with detailed information on his relationship with OVG, SMG and Spectra.
Upon motion of Alderman Miller, seconded by Alderman Hall, and carried the appeal of item 45 to SMG Venue Services was denied/rejected and agenda item 29 was considered. A board vote was taken with Mayor DeLoach, Aldermen Miller, Foster, Durrence and Hall voting in favor. Aldermen Johnson, Thomas and Shabazz voted against the motion. Alderwoman Bell recused herself from the discussion.
46. Settlement of Claim for Personal Injuries: Robert McKinley in the amount of $150,000.00. The settlement was approved upon motion of Alderman Miller, seconded by Alderman Hall, and unanimously carried per the City Attorney’s recommendation.
47. Two personnel related items, resulting from Executive Session discussions.
City ManagerConsultant appointment: Motion to appoint Pat Monahan as a consultant, effective May 1, 2019, subject to an authorized agreement and a salary of $20,000.00/month, through December 31, 2019up to 12 months. The appointment was approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
- City Attorney appointment: Motion to appoint Bates Lovett as City Attorney, operating on a contractual basis with no benefits, effective May 1, 2019, subject to an authorized agreement in an amount of $148,000.00 through December 31, 2019. The appointment was approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and carried. A board vote was taken with the follwoing voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence and Hall. Aldermen Johnson and Thomas voted against the motion. Alderwoman Shabazz abstained and did not vote.
48. Motion to reschedule the July 4, 2019 City Council Meeting to July 2, 2019. The Council meeting was rescheduled to Tuesday, July 2, 2019, upon motion of Alderwoman Bell, seconded by Alderman Hall, and unanimously carried.
Announcements
Alderman Johnson acknowledged Tiwanna Crawford, Assistant to the Clerk of Council, for her service in the Clerk of Council’s office. He thanked and saluted her for all she has done.
Alderman Thomas acknowledged the Joe Shearouse for the birth of a little girl.
Alderman Johnson congratulated Marty Johnson for receiving the Community Star recognition.
There being no further business, Mayor DeLoach declared this meeting of Council adjourned at 6:56 p.m.
The video recording of the Council meeting can be found by copying and pasting the below link in your url:
https://savannahgovtv.viebit.com/player.php?hash=udxvlZfcSvKy
Mark Massey, Clerk of Council
Date Minutes Approved: May 9, 2019
Initials: mm/mf
