SAVANNAH CITY GOVERNMENT

SUMMARY/FINAL MINUTES

CITY COUNCIL REGULAR MEETING

APRIL 8, 2021 – 2:00 p.m.

Due to the Coronavirus Pandemic, the regular meeting of the City Council was held via Zoom video communications at 2:01 p.m. Following the roll call, Mayor Johnson recognized Alderman Palumbo to introduce Pastor Joseph Wong of the Savannah Chinese Baptist Mission who delivered the invocation. The Pledge of Allegiance was recited in unison.

PRESENT:  Mayor Van R. Johnson, II, Presiding

Alderwoman Kesha Gibson-Carter, At-Large, Post 1, Chairman

Alderwoman Alicia Miller Blakely, At-Large, Post 2

Alderwoman Bernetta B. Lanier, District 1

Alderman Detric Leggett, District  2

Alderwoman Linda Wilder-Bryan, District 3

Alderman Nick Palumbo, District 4, Vice-Chairman

Alderwoman Dr. Estella Edwards Shabazz, District 5, Mayor Pro-Tem

Alderman Kurtis Purtee, District 6

OTHERS PRESENT:

Acting City Manager Michael Brown

City Attorney Bates Lovett

Clerk of Council Mark Massey

Mayor Pro-Tem Dr. Shabazz moved to adopt/approve the agenda as presented, seconded by Alderman Leggett.  The motion passed unanimously.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #2 and #3, seconded by Alderwoman Miller Blakely and Alderwoman Lanier.  The motion passed unanimously.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #2 and #3, seconded by Alderwoman Miller Blakely and Alderwoman Lanier.  The motion passed unanimously.

Mayor Johnson read a Proclamation recognizing April as National Sexual Assault Awareness and Prevention Month to Doris Williams, Executive Director of the Rape Crisis Center of the Coastal Empire.

Ms. Williams thanked the Council for the Proclamation on behalf of the Rape Crisis Center and their Board of Directors.  She gave a brief outline of the services provided and asked for the continued support of the City.

Alderwoman Gibson-Carter congratulated Ms. Williams on services provided by the Center to the residents of the City of Savannah.  She encouraged the City to increase the budgeted funding for the Center to accommodate the volume of reported incidents.  Alderwoman Wilder-Bryan and Mayor Pro-Tem Dr. Shabazz expressed gratitude to Ms. Williams for the outstanding service provided by the Center and congratulated her on the position of Executive Director.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #5, #6, #8 and #10 per Acting City Manager Brown's recommendation, seconded by Alderwoman Lanier.  The motion passed unanimously.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #5, #6, #8 and #10 per Acting City Manager Brown's recommendation, seconded by Alderwoman Lanier.  The motion passed unanimously.

Alderwoman Gibson-Carter asked City Attorney Lovett which Districts the license plate reader cameras would be placed.  Acting City Manager Brown indicated the 16 cameras will be divided among the precincts (4 in each precinct).  Alderwoman Gibson-Carter asked for equitable coverage throughout each District.  Mayor Johnson and Alderman Purtee discussed the divisions of beats, then precincts as it relates to coverage for the Districts.  Alderwoman Gibson-Carter suggested having work sessions agenda items prior to the meeting for discussion/explanations.  Mr. Brown explained the cameras will be used based on criminal incidents.  He will send Council a memo on the precincts boundaries in each District.

Alderman Palumbo indicated the City uses a data driven police model that tracks units daily by GPS to deploy units as needed, at that time.  This focuses on where the need arises at any given time which empowers our police department.

Alderwoman Miller Blakely asked Clerk of Council if this Item is a recurring event.  Clerk of Council Massey will research prior meetings.  Mr. Brown indicated, this has been a prior item on the agenda and also Council broached the subject briefly at the last meeting during the ShotSpotter equity discussion.  Alderwoman Miller Blakely asked Mayor Johnson had Council voted on this item in prior meetings.  Mayor Johnson and Mr. Brown indicated, this was voted on before and is a recurring item for additional cameras for each precinct.

Alderwoman Lanier had a related question some months ago in referring to flock camera placements in regards to illegal dumping.  She asked Mr. Brown if this was a separate purchase than the flock cameras for the dumping areas.  Mr. Brown indicated this is a totally separate purchase.            

Alderman Palumbo moved to approve Item #7, seconded by Alderman Leggett and Alderman Purtee.  The motion passed, 7-2-0.  Alderwoman Gibson-Carter and Alderwoman Miller Blakely voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #5, #6, #8 and #10 per Acting City Manager Brown's recommendation, seconded by Alderwoman Lanier.  The motion passed unanimously.

Alderwoman Gibson-Carter asked Acting City Manager Brown for the matching funds report update from Georgia Power on the charging stations.  She asked if the Eastern Wharf Garage is a private development.  Mr. Brown answered, he will ask Assistant City Manager Health Lloyd to follow-up and provide Council with the updated report on matching funds; and the Eastern Wharf Garage is a City owned, public-private partnership, as are several of the City parking garages.  In an effort for the City to achieve their clean energy goals, Alderwoman Gibson-Carter asked why the City is investing resources in a private development.  The owners should purchase their own charging stations.  Mr. Brown explained, this is a partnership where the City owns space and the private developer owns space;  the charging stations would be part of that partnership.

Alderwoman Miller Blakely asked if the garage is in a Tax Allocation District (TAD).  Mr. Brown answered, part of the infrastructure is in a TAD.  She asked if all funds generated will go back into the District.  Mr. Brown indicated a portion of the property taxes collected will go back into the District; but this is a separate activity, the garage is funded from the parking funds.  Alderwoman Miller Blakely asked if there were negotiations for the private partners to pay for the charging stations.  Mr. Brown answered, in effect there was, the partners put their contributions and the monthly parking fees into the operation of the garage.

Mayor Johnson called the question.    

Alderman Leggett moved to approve Item #9, seconded by Alderwoman Wilder-Bryan and Alderman Purtee.  The motion passed, 7-2-0.  Alderwoman Gibson-Carter and Alderwoman Miller Blakely voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #5, #6, #8 and #10 per Acting City Manager Brown's recommendation, seconded by Alderwoman Lanier.  The motion passed unanimously.

Mayor Johnson moved Item #35 up on the Agenda, after Item #10.

Alderwoman Gibson-Carter asked Acting City Manager Brown to explain the project for the public.  Mr. Brown answered, there are approximately 600 miles of street repaving needed throughout the City.  She asked if there is a connection between this project and the robotics program prioritizing which streets get repaved.  Mr. Brown indicated the robotics program is the evaluating system used to repave streets.  Alderwoman Gibson-Carter suggested having a work session on large ticket items such as this, so Council will have the opportunity to explore all aspects of the project and amounts allocated.  She feels there are some streets in desperate need of repaving within the City being overlooked at the expense of others.  Mayor Johnson indicated the robotics program is being used to calculate when streets are repaved based on a numbers system that determines the life of the asphalt/concrete. 

Alderman Palumbo asked if this is a new contract or a renewal.  Mr. Brown indicated, this is a renewal.

Alderwoman Wilder-Bryan asked City Attorney Lovett approximately how much the City spent in litigation over potholes.  Attorney Lovett answered, the City receives approximately one petition per week in reference to tires, cars and individuals regarding potholes.  She feels the robotics program would be a good tool for the City to use for repaving streets.

Alderwoman Miller Blakely asked which streets would be repaved.  Over the last week she drove through West Savannah and noticed there were quite a few streets in dire need of repaving.  Alderwoman Miller Blakely has concerns the City continues to focus on the downtown area at the expense of the outlying residential communities.  Mayor Johnson mentioned to Alderwoman Blakely, Mr. Brown has sent an email to Council with a list of the streets to be repaved based on the robotics program technology.

Alderwoman Lanier asked Attorney Lovett how does the weekly street/pothole petitions factor into the robotics program data determining the street repaving priorities.  Attorney Lovett answered, not that he is aware of but he will meet with Assistant City Manager Lloyd to discuss petitions received as it relates to the robotics data.

Alderwoman Wilder-Bryan moved to approve Item #11, seconded by Alderman Leggett and Alderman Palumbo.  The motion passed 6-3-0.  Alderwoman Gibson-Carter, Alderwoman Miller Blakely and Alderwoman Lanier voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #12, #13, #14 and #16 per Acting City Manager Brown's recommendation, seconded by Alderwoman Miller Blakely.  The motion unanimously.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #12, #13, #14 and #16 per Acting City Manager Brown's recommendation, seconded by Alderwoman Miller Blakely.  The motion unanimously.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #12, #13, #14 and #16 per Acting City Manager Brown's recommendation, seconded by Alderwoman Miller Blakely.  The motion unanimously.

Alderwoman Lanier advised she received calls from residents inquiring about this year's Summer Lunch Program; so she is happy to see it returning this year.  Residents also asked if the Summer Daycare and Summer Senior Programs will be available this year.  Acting City Manager Brown indicated the Lunch Program contract has been awarded, but the City is depending on information from the Center for Disease Control (CDC) to monitor when the programs can be reinstated.  The health and safety of the children are a priority, the City is working on a reopening plan; April, May, and June will be months the City will gradually open Programs.  Mr. Brown will send Council the reopening plan via email.

Alderwoman Wilder-Bryan thanked the staff of Neighborhood Services for securing Grants for the programs; and Mr. Brown acknowledged the Programs are available to children outside of the City.

Alderwoman Lanier moved to approve Item #15, seconded by Mayor Pro-Tem Dr. Shabazz and Alderwoman Miller Blakely.  The motion passed unanimously.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #12, #13, #14 and #16 per Acting City Manager Brown's recommendation, seconded by Alderwoman Miller Blakely.  The motion unanimously.

Alderman Purtee moved to approve Item #17 appointing the following pool of six (6) Hearing Officers, seconded by Alderwoman Wilder-Bryan.  The motion passed unanimously.

Appointed Hearing Officers(6):

1. Tony Center
2. Joseph Ervin
3. Gwendolyn Fortson Waring
4. Nancy DeVetter
5. Anne Allen Westbrook
6. Joseph Steffen

Correction:  The New Realm Brewing Company is in Aldermanic District 2 (not District 1 as listed on the Agenda).

Clerk of Council reported no written comments received.  Three (3) speakers registered via Zoom video.    

Speakers:

• Mr. Cory Falcon, Applicant - Did not speak, supports.
• Mr. Taylor Harper, Applicant's Legal Counsel - supports.
• Mr. Richard Kramer, General Manager - Did not speak, supports.

a.  Alderman Leggett moved to close the alcohol hearing for Item #18, seconded by Mayor Pro-Tem Dr. Shabazz, Alderwoman Wilder-Bryan and Alderman Palumbo.  The motion passed unanimously.

b.  Alderman Leggett moved to approve Item #18, seconded by Mayor Pro-Tem Dr. Shabazz and Alderman Palumbo.  The motion passed unanimously.

Item #33 Heard after Item #18.

Mayor Johnson opened the zoning hearing for Item #19.

Speakers:

• Marcus Lotson, MPC representative, gave a brief description of the project and zoning request.  MPC recommended approval.

Alderwoman Miller Blakely asked Mr. Lotson, what type of business will be established at the site.  Mr. Lotson answered, he understands there will be a convenience store, but no development plans have been submitted to MPC by the applicant.

Alderwoman Miller Blakely reported there would be three (3) convenience stores in close proximity to this location.  She asked Alderman Purtee if there were any concerns from the area residents.  Alderman Purtee indicated he has not received any concerns from the area neighborhood associations, but would like to move forward with the current request and address any new petitions for the site when presented before Council.

Alderwoman Gibson-Carter asked Mr. Lotson if there was an area or community plan.  Mr. Lotson answered, there is no neighborhood plan for the area.  Alderwoman Gibson-Carter suggested Council delay any decisions related to the applicants request, until more information is received related to the type of business that will be established at the site.  Alderman Purtee added, the Middleground area is rapidly changing and the request is in-line with the changes being made with the Southside Legacy Project; the changes are zoning only.

Mayor Pro-Tem Dr. Shabazz stated there is a neighborhood plan for the area.  When the work session for the Southside Legacy Project was done, this corridor was not included.  It cut off at Abercorn Street and Montgomery Crossroads, however; this area is a part of the Southside Legacy Project.  It is the connecting point for the 5th and 6th Districts as it relates to the Southside Legacy Project.  The area where Montgomery Crossroads changes to Middleground Road is part of the overall Project.

Alderwoman Miller Blakely lives in the area and was unaware of the Project and asked for all the information pertaining to the Southside Legacy Project, so she can inform the residents in her area of the pending changes.        

a.  Alderman Purtee moved to close the zoning hearing for Item #19, seconded by Mayor Pro-Tem Dr. Shabazz.  The motion passed unanimously.

Mayor Johnson explained the public comment forum was on December 10, 2020 and Item #20 is on the Agenda for Council's vote.

Alderwoman Gibson-Carter announced the Council Chambers had quite a few people in attendance and she requested to give them an opportunity to speak.  Mayor Johnson stated Council voted to close the hearing at the December meeting, and to reconvene for the vote.  Due to the special nature of the request, Alderwoman Gibson-Carter suggested extending the public comment to allow individuals to comment.

Mayor Johnson indicated the City did not advertise for public comment on Item #20.  Alderwoman Gibson-Carter challenged that the item is on the agenda and the public should be allowed to comment on any agenda item, as per the City rules.  Mayor Johnson asked City Attorney Lovett to give an opinion.  Attorney Lovett deferred to Clerk of Council Massey.  Mr. Massey reported the Council voted on December 10, 2020 to close the public hearing on Agenda Item #10.

Alderwoman Lanier asked if the public hearing for Item #20 (the original Item #10 on December 10, 2020) could be reopened.  Clerk of Council cited, procedurally, Council could vote to suspend the rules, but a 2/3 majority vote would be required.  Attorney Lovett read from the Agenda 'no public comment allowed during the meeting'.  Alderwoman Lanier asked if a motion could be made to change the reading from the Agenda.  Attorney Lovett stated, 2/3 vote could change the rule as Clerk of Council previously stated to open for public comment.  However, the question then becomes if you vote to override the previous vote, the City did not advertise the possibility of speaking during the meeting.  To be fair, both sides should have an opportunity to comment during the meeting if public comment is allowed.  

a.  Alderwoman Miller Blakely moved to suspend rules to allow for public comment, seconded by Alderwoman Gibson-Carter.  No vote was taken; City Attorney Lovett opined the motion was problematic since Council voted to close the public hearing on December 10, 2020.

Mayor Johnson addressed City Attorney Lovett about his concerns of not having a public notice for comment prior to the meeting; and asked if the City has an issue with notice.  Attorney Lovett answered, yes.

Alderwoman Gibson-Carter asked Mayor Johnson to repeat his question and Clerk of Council repeat his answer.  Mayor Johnson:  Being that Council Closed this public hearing on December 10, 2020, and subsequent meetings no public comment was permitted while additional options were explored, and the item on the Agenda today was advertised as 'no public comments allowed during the meeting'.  Legally, does the City have an issue if the hearing was reopened for comment since no notice was given to the public?  Mayor Johnson indicated the item is under petitions, not public hearings.

Alderwoman Gibson-Carter stated, the item was not under public hearings but the City rules indicate a citizen can make a comment on any agenda item; and given the seriousness of the issue and there are approximately 25 people waiting in Council Chambers waiting to speak, shouldn't Council give some latitude to the citizens.  Mayor Johnson indicated it is a legal issue.  City Attorney Lovett stated, the City has a notice problem, because the City posted public notices for the December 2020 meeting, and that public hearing was closed by vote of Council.  If Council wants to reopen the hearing, it will delay the vote and he feels Council needs to move forward on this issue.  Attorney Lovett stated, if Council wants to have public comment, and passes a 2/3 vote, suspending the rules to allow for public comment, then he suggests opening the hearing at the next Council Meeting with proper advertising of a public notice.  This would allow both sides the opportunity to speak.  Attorney Lovett advises not voting today if you reopen for public comment today.

b.  Alderwoman Lanier moved to continue/postpone for two (2) weeks in order to advertise a notice for public comment, seconded by Alderwoman Miller Blakely.  The motion failed, 3-6-0.  Mayor Johnson, Mayor Pro-Tem Dr. Shabazz, Alderman Leggett, Alderwoman Wilder-Bryan, Alderman Palumbo and Alderman Purtee voted no.  Later in the meeting, Mayor Pro-Tem stated she was not on the Zoom screen for the vote, changing the vote, 3-5-0.  Mayor Johnson, Alderman Leggett, Alderwoman Wilder-Bryan, Alderman Palumbo and Alderman Purtee voted no.  Mayor Pro-Tem Dr. Shabazz did not vote.

Alderwoman Lanier stated the residents have come to City Hall for comments on this issue on several occasions, day and evening, only to be told they could not speak.  The City should give the residents an opportunity to make comments.  Mayor Johnson stated, the Council voted to close the public hearing.  Alderwoman Lanier would like Council to reopen the hearing for the residents in attendance.

For clarity, Mayor Pro-Tem Dr. Shabazz stated since it was not advertised the public would not be speaking, both sides would probably not be able to speak today.  She is in agreement with Alderwoman Lanier, that any person wanting to speak on the issue would have an opportunity to speak if a public notice was advertised for comments at the next Council meeting.

Alderwoman Wilder-Bryan does not agree with continuing/posting the vote for two weeks to allow for public comment.  She feels the Council should vote today, the two weeks will not change people's opinions, it will only fuel more division in the communities.

Mayor Johnson asked if there was a representative from the Salvation Army present.  Major Paul Egan was available via Zoom.  If the representative from the Salvation Army is willing to make final statement/summary, Mayor Johnson was not opposed to giving each side ten (10) minutes to speak.

Alderwoman Lanier stressed the Council is about to make a decision that will affect the residents in the community for generations, so the residents should be allowed to speak.  Mayor Johnson and Alderwoman Lanier debated on allowing individuals to make comments, trying to come to an agreeable compromise.

Alderman Purtee asked Attorney Lovett, if you allow both sides to make comments, will that reopen the public hearing.  Attorney Lovett responded yes.  Alderman Purtee suggested not opening for public comment but taking the vote today.  Alderwoman Gibson-Carter urged Mayor Johnson to give the residents of the communities an opportunity to make comments; to silence the residents in regard to this important issue would be an embarrassment and an atrocity to democracy.  Mayor Johnson indicated this issue has gone on since December 10, 2020, and a decision needs to be made; the City continues to receive public comment by e-mails via the Clerk of Council's office.  It is time to vote.

Alderwoman Miller Blakely asked Mayor Johnson what will Council be voting on; to allow the residents to comment.  Mayor Johnson responded, Council will be voting on Item #20.  Mayor Pro-Tem Dr. Shabazz requested to continue/postpone for two weeks.  Mayor Johnson indicated that vote has failed.

Alderman Purtee stated to delay will only fuel political fire and cause communities to be divided.  He has spoken to Westside residents, Churches and organizations, he feels the Council should move forward with the vote.

c.  Alderman Purtee moved to approve Item #20 as presented on the agenda, seconded by Alderwoman Wilder-Bryan.  (No immediate vote taken on the motion.)

Due to the long meeting, Alderwoman Miller Blakely requested a five (5) minute recess, if possible.

Mayor Johnson asked Council to respond to the five (5) minute recess.  Alderwoman Wilder-Bryan asked if Council takes the break, will the motion still be on the floor when they return.  Mayor Johnson, answered, yes.

Alderwoman Miller Blakely moved to recess for five (5) minute.  There was no second.

Mayor Pro-Tem Dr. Shabazz asked that all the Good Neighborhood Agreements become part of the record.

Alderwoman Lanier stated at the last Council meeting, Acting City Manager Brown postponed this issue until he conducted an investigation.  If Mr. Brown is conducting an investigation, if the investigation was about her, he has not spoken to her; if the investigation was about Ivory Bay, he has not spoken to the CEO of Ivory Bay; if it is about what's been in the media, he has not spoken to representatives of Eco Developers who presented a concept.  That investigation is not complete, Council received two (2) correspondences of legal opinion; Tate Law Group and a cease and desist letter from Davis Bozeman Johnson Law Firm.  Mayor Johnson informed Alderwoman Lanier Mr. Brown sent an advisement letter to Council Members.

Mayor Johnson entertained the motion (Alderwoman Miller Blakely) to recess.  The meeting recessed until 5:00 p.m. (10 minutes).

The meeting reconvened at 5:00 p.m.

Mayor Johnson repeated the motions.  He suggested if Council Members wanted to assign a time length from both sides to address Council, then he is amenable.  The time length will be per side not person, so each side will have one representative to speak.  After discussions, Council Members agreed to allow up to ten (10) minutes for each side to make comments.

d.  Alderwoman Miller Blakely moved to allow up to ten (10) minutes for a singular representative from each side to give final statements, seconded by Alderwoman Wilder-Bryan.  The  motion passed unanimously.

Mayor Johnson asked Clerk of Council to keep the time to a maximum of ten (10) minutes giving an indicator at the five (5) minute mark.

Alderwoman Miller Blakely identified Reverend Dr. Leonard Small as the representative speaking on behalf of the opposition.

Mayor Johnson identified Major Paul Egan as the representative speaking on behalf of the support.

Speaker(s):

• Reverend Dr. Leonard Small – OPPOSED
• Major Paul Egan – APPLICANT/SUPPORTED

Alderwoman Lanier discussed the City's representation on the Housing Authority and the proposed deal has not been available for Council Members.  She discussed the value of the property.  Alderwoman Lanier served a notice to produce the deal with all details to City Attorney Bates.  She explained there were several different maps outlining the property and the site of The Weeping Time.  She requested a professional archeologist to determine if the property is sacred.    

e.  Alderwoman Lanier made a substitute motion to postpone the measure to get an archeological determination and in order for the City Manager to complete his investigation and to allow for the 30 days the City Manager declared he needed, seconded by Alderwoman Miller Blakely.  The motion failed, 3-6-0.  Mayor Johnson, Mayor Pro-Tem Dr. Shabazz, Alderman Leggett, Alderwoman Wilder-Bryan, Alderman Palumbo and Alderman Purtee voted no.

Since the City does not own the property, Mayor Johnson asked Alderwoman Lanier who will pay for the archeological study.  Alderwoman Lanier advised, possibly a local historical society, MPC or an historian.

Since the property in question was government owned, Alderwoman Miller Blakely asked if the property was ever put out for bid.  Mayor Johnson shared the map from MPC showing the property.  Alderwoman Lanier stated she has other historical maps for the Georgia Archives showing different information.  Mayor Johnson stated HUD approved the property for the project.  Alderwoman Gibson-Carter asked could the City acquire the property through eminent domain.  Attorney Lovett answered, the City cannot take Federal property.

Alderwoman Wilder-Bryan called for the vote.

Mayor Johnson asked Attorney Lovett if the City was permitted to view the purchase and sales agreement between the Housing Authority and the Salvation Army.  Attorney Lovett responded, anyone can request 'a freedom of information request', he knows of no Federal exception for the City at this time.  Alderwoman Lanier stated the City appoints a Board Member to the Housing Authority, so that should allow for some oversight.  Alderwoman Lanier asked when could the City get a copy of the purchase and sales agreement.  Attorney Lovett indicated he would submit a freedom of information request.

In an effort to offer a practical solution within the City's Code, Alderman Palumbo asked Acting City Manager Brown, could the Council approve Item #20 conditionally pending an archeological review identifying the specific parameters to determine if any portion is a part of the racetrack.  Mr. Brown replied yes.  The Federal government approved the plan because it was consistent with their federal purposes.  Mr. Brown stated the Ivory Bay proposal nor the the Salvation Army proposal are on the racetrack property.  Alderwoman Lanier challenged Mr. Brown's information concerning the racetrack property and challenged the existence of the Ivory Bay proposal.  At the direction of Council, Mr. Brown is willing to work with the Housing Authority to obtain an archeological study to make sure the project is not on the historical site.  Mayor Johnson asked if the archeological study would be a condition of the special use permit.  Mr. Brown described the archeological studies:  Phase I, digging and documentation; and Phase II, we found artifacts, so additional digging and documentation is required.

Because he has previously been shown by historians and City staff, the project is not on the Weeping Time site, Mayor Johnson suggested the special use permit be contingent on a Phase I archeological study.  If any issues are found, it can be reviewed and/or redrawn .  He informed Council if the Salvation Army proposal is not approved, since they own the property, the Housing Authority still reserves the right to construct housing on the site without any City approval.  Mayor Johnson indicated if Council agrees to the special use permit being contingent on a Phase I archeological study, the City would be liable for the expense, the Housing Authority will not pay for the study.

Alderwoman Miller Blakely asked Mr. Marcus Lotson if there was a bid process for the property.  Mr. Lotson stated, not that he is aware.  MPC is not involved in the sale of property between the local Housing Authority and the Salvation Army.  There was discussion as to the Housing Authority selling the property without a bid process.  Mayor Johnson suggested getting the Housing Authority on the Zoom call.  Mr. Brown commented, he had conversations with Executive Director Ms. Earline Davis of the Housing Authority, prior to putting the special use permit on the agenda, and she assured him the project was consistent with federal government use.  Alderwoman Lanier requested the information from the Housing Authority regarding the Federal Government (HUD) disposition on uses of federal government property.

Mayor Johnson explained there was no bid, HUD guidelines were followed and the property was appraised at $500,000.00.  Alderwoman Lanier stated the property was on SAGIS for $1.5 million.  Mayor Johnson stated SAGIS is for tax purposes only and not real value.

Alderwoman Lanier stated about a month ago, Council had discussions on building up the poverty areas within the City and she is now speaking on the future welfare and the benefit of the low-wealth residents of the Westside community who would like to see positive developments in the community according to their visions.  This land sits in the middle of three historic neighborhoods where the largest sell of slavery happened in the history of the United States.  As a fourth generation resident of the community and as Alderwoman representing the area, she would like this Council to support the will of the people to have a resident-driven development on the property.  Mayor Johnson challenged Alderwoman Lanier's comments on the status of wealth, benefits and development for the residents in District 1.

Alderwoman Gibson-Carter called for point of order.      

Mayor Johnson was able to get Housing Authority of Savannah Executive Director Ms. Earline Wesley Davis on the Zoom call.  Alderwoman Miller Blakely asked Ms. Davis if the property was put up for bid.  Ms. Davis answered, HUD has a process of inventory removal and application under Section 18 - Disposition; so it was not necessary for a bid.  HUD evaluated the proposal for public benefit and it fits in the overall mission of HUD which is the full spectrum of housing from homelessness to home ownership.  Alderwoman Miller Blakely asked Ms. Davis if she was aware of the project being on a historical piece of property before the agreement with Salvation Army.  Ms. Davis cited information from a book entitled, 'The Weeping Time'  and information from the City 'Low Land High Road' was used in the evaluation of the site.  The slaves were moved from South Georgia up to the Ten Broeck Racetrack for the sale.  All information shows the former 'Bartow Property' is not the site of 'The Weeping Time'.  The Ten Broeck Racetrack property, South of the HUD property is owned by the Bradley family.  Alderwoman Miller Blakely asked if the land was appraised.  Ms. Davis answered, HUD used a certified Appraiser and valued the land at $500,000.00.  At Council's request, she will send a copy of the appraisal to Acting City Manager Brown.  Ms. Davis stated, all requirements of HUD were followed.

Alderwoman Gibson-Carter stated the proximity of the land is not the issue.  The issue is, it matters to the residents of the Westside.  There is a Kayton Homes property vacant now.  Ms. Davis stated the Kayton Homes property is a 164 apartment homes that is currently occupied.  Alderwoman Gibson-Carter asked which housing property is currently vacant in the City.  Ms. Davis reported there are no housing properties vacant at this time.  Alderwoman Gibson-Carter asked how the Housing Authority came to be in an Agreement with the Salvation Army.  Ms. Davis gave all the information on how the Salvation Army approached the Housing Authority with the project and for the purchase of the land.  This required the Housing Authority to obtain the following for submittal to HUD:  appraisal, a letter from the chief elected official of the City, a Resolution from the Board of Housing Commissioners, and an environmental study.  HUD's Special Application Center reviewed all submitted documents and determined the application did fit with HUD's mission.  The Housing Authority received a letter from the HUD's Deputy Secretary for Intergovernmental as an approved project.  There was a request from Congressman Buddy Carter's office inquiring about the project; HUD's Deputy Secretary responded the application met all the requirements and was approved for the sale to the Salvation Army.

Alderwoman Gibson-Carter asked if a portion of the Frazier Homes apartments were vacant.  Ms. Davis stated there are vacancies in Frazier Homes.  As the Executive Director of a Housing Authority, Alderwoman Gibson-Carter asked Ms. Davis was any consideration given to the Salvation Army's project location, as it relates to close proximity to other services that will be needed by the residents of the shelter, i.e., healthcare, Department of Children's Services, transportation, food, employment agencies, and other social services programs.  The Housing Authority did look at those factors; the Curtis Cooper Primary Care Center is approximately one mile away, CAT Bus #3 is available for transportation, the residents have access to other nearby services, and the Salvation Army proposed to provide some job training.  The Salvation Army's shelter would provide more privacy to women and children, unlike their other facilities, and the Salvation Army social services staff will work with the residents for permanent placement or home ownership to prevent future homelessness.  There would also be a recreation space for the children.  HUD considered all the above aspects of the project to determine approval.

Alderwoman Gibson-Carter asked Ms. Davis who serves on the Housing Authority Board of Directors.  There is a five member Board:  Commissioner Thomas Henry, Pastor G. Lind Taylor, Commissioner Wanda Parrish, Commissioner Mark Douglas, and one vacancy.  Alderwoman Gibson-Carter asked if there was a unanimous decision of the Board on this project.  Ms. Davis stated, this decision was made back in 2017-2018 with a different Board of Directors.  There was discussion between Alderwoman Gibson-Carter and Ms. Davis regarding the procedures for evicting a family and the steps needed to get to the Salvation Army's shelter on the Westside.

Alderwoman Lanier asked Ms. Davis, when HUD considered the sale of the property, was there any consideration for the historic value of the property.  Ms. Davis explained, when the application came to the Housing Authority it was submitted to HUD Special Applications Center with all required documents.  After evaluation of the application, HUD approved the sale for the project.  Alderwoman Lanier asked, if the City does not approve this special use permit, HUD has the Neighborhood Network Housing Model (NN) is it possible for the City to engage/implement the HUD NN Housing Model.  Ms. Davis cited the NN Housing Model is focused mainly on internet access and not necessarily housing, but where there is housing to make sure they are connected.

Alderman Palumbo asked Ms. Davis if HUD had any archeological concerns with the site.  Ms. Davis answered, based on HUD's approval there were no concerns.  Alderman Palumbo asked Ms. Davis, in her opinion, is the proposed Salvation Army proposal on 'The Weeping Time' site.  Ms. Davis answered, it is not.

As the owner of the property, Mayor Johnson asked Ms. Davis, is it currently properly zoned and only NewZo required a special use permit.  Ms. Davis answered, that is correct.  He asked if Council was willing to do a Phase I Archeological Study at the City's expense, pursuant to the special use permit, would the Housing Authority be amiable to that decision.  Ms. Davis stated one of the requirements of the application was a Phase I Environmental Study, which was approved.  She asked the difference between the Phase I Environmental Study and the Phase I Archeological Study.  She added, there was public housing on that site for more than seventy years.  Mr. Brown stated, typically, a Phase I Environmental Study probably would include a Phase I Historical Study.  Mr. Brown sees no harm in reverifying the Phase I and if necessary, proceed to Phase II.

f-1.  Alderman Palumbo moved to amend the motion to include under the City's new Zoning Ordinance, Chapter 3, Section 10, Subsection 9, Additional Conditions, Restrictions, and Safeguards which are within our charge, an archeological or environmental assessment to be conducted under the purview of the City Manager's authority in the official use of this special use permit, seconded by Alderwoman Wilder-Bryan.  (No immediate vote taken on the motion.)

Mayor Pro-Tem Dr. Shabazz stated in reference to archeological and environmental, her understanding is those are two different types of Phases.  There should be some clarity.  Mayor Johnson indicated Mr. Brown was referencing the Phase I Archeological Study to verify the Phase I Environmental Study which would be attached to grant the special use permit.    Attorney Lovett stated, the motion should be modified, you want the Phase I Archeological Study to prove it is not 'The Weeping Time' site.  Alderman Palumbo and Alderwoman Wilder-Bryan accepted the modification.

f-2.  Alderman Palumbo moved to approve Item #20 pursuant to a Phase I Archeological Study and a review of any/all maps, to determine or demonstrate the property is not a part of the location commonly known as 'The Weeping Time', seconded by Alderwoman Wilder-Bryan.  The motion passed, 5-4-0.  Mayor Pro-Tem Dr. Shabazz, Alderwoman Gibson-Carter, Alderwoman Miller Blakely and Alderwoman Lanier voted no.

g.  Alderwoman Gibson-Carter moved a substitute motion to deny Item #20, the petition of the Salvation Army, seconded by Alderwoman Miller Blakely.  The motion failed, 4-5-0. Mayor Johnson, Alderman Leggett, Alderwoman Wilder-Bryan, Alderman Palumbo and Alderman Purtee voted no.

Mayor Johnson asked Ms. Davis if Council does not move forward with the special use permit what will be the position of the Housing Authority, will they build on that land which does not require approval of the City.  Ms. Davis indicated, her staff will take to her Board a proposal for housing.

Mayor Johnson indicated, if this project was on the land of 'The Weeping Time' he could not support it.  For the record, the West Savannah Community Organization, the Woodville Community Action Organization, the two adjacent neighborhoods have supported this project from its inception.  There are signed neighborhood benefits agreements which all Council Members have received.  Alderwoman Lanier stated there are three neighborhoods and Ms. Tonya Miller of Hudson Hill has sent a letter of opposition which was distributed to Council.  Alderwoman Lanier stated the majority of people in West Savannah are in opposition of the project.

Alderwoman Miller Blakely asked Mr. Lotson if there are different maps from the 1800's, are those the maps used by MPC or did they use current maps.  Mr. Lotson stated he is not in possession of the maps Alderwoman Lanier referenced.  The information used by MPC was found by historical sources and information shared from the Archivist or the City.  Alderwoman Lanier had two maps from the Georgia Archives, a 1907 map and an 1897 map.  Mayor Johnson indicated Alderman Palumbo's motion would allow time for each map to be verified.

Mayor Johnson instructed Mr. Brown to work with Ms. Davis, Mr. Lotson, Attorney Lovett and others to assure the City starts on the archeological assessments and the maps, including the maps provided by Alderwoman Lanier from the Georgia Archives to determine the location of 'The Weeping Time'.

Alderwoman Wilder-Bryan asked if there will be a time limit.  Mr. Brown indicated it usually takes 2-3 months but he will start the process promptly.                  

Alderwoman Miller Blakely requested a first reading only in order to share the Southside Legacy Project information with the residents in her area.

FIRST READING ONLY for Item #21.  Second reading will be held at the next regular Council meeting.

Mayor Pro-Tem Dr. Shabazz moved to approve Item #22, seconded by Alderman Leggett and Alderwoman Wilder-Bryan.  The motion passed unanimously.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #23, #24, and #26 through #30, seconded by Alderwoman Lanier and Alderman Leggett.  The motion passed, 8-1-0.  Alderwoman Gibson-Carter voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #23, #24, and #26 through #30, seconded by Alderwoman Lanier and Alderman Leggett.  The motion passed, 8-1-0.  Alderwoman Gibson-Carter voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Item #25, seconded by Alderwoman Lanier and Alderman Leggett.  The motion passed unanimously.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #23, #24, and #26 through #30, seconded by Alderwoman Lanier and Alderman Leggett.  The motion passed, 8-1-0.  Alderwoman Gibson-Carter voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #23, #24, and #26 through #30, seconded by Alderwoman Lanier and Alderman Leggett.  The motion passed, 8-1-0.  Alderwoman Gibson-Carter voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #23, #24, and #26 through #30, seconded by Alderwoman Lanier and Alderman Leggett.  The motion passed, 8-1-0.  Alderwoman Gibson-Carter voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #23, #24, and #26 through #30, seconded by Alderwoman Lanier and Alderman Leggett.  The motion passed, 8-1-0.  Alderwoman Gibson-Carter voted no.

Mayor Pro-Tem Dr. Shabazz moved to approve Items #23, #24, and #26 through #30, seconded by Alderwoman Lanier and Alderman Leggett.  The motion passed, 8-1-0.  Alderwoman Gibson-Carter voted no.

Alderwoman Gibson-Carter cited a refusal by prior Acting City Manager Monahan to create policies to collect impact fees.  She suggested to Acting City Manager Brown the City revisit establishing policies to generate new revenue streams from development.  Mr. Brown explained the listed Agreements are connections for the use of the City's water and sewer system which are tap fees and not impact fees.  He will do a brief report on how impact fees work and send to Council.  Alderwoman Gibson-Carter will submit her policy for Council's review.  Alderwoman Gibson-Carter asked to make sure her votes were accurately captured by the Clerk of Council for items #23 through #30.  Mayor Johnson asked the Clerk of Council to note her changes.  

Alderman Leggett moved to approve Item #31, seconded by Mayor Pro-Tem Dr. Shabazz and Alderwoman Wilder-Bryan.  The motion passed unanimously.

Mayor Pro-Tem Dr. Shabazz moved to authorize the City Attorney to settle a worker’s compensation matter in the amount of $45,000.00, involving a Captain with the Police Department, David Owens, who tore a left quadriceps muscle, seconded by Alderwoman Wilder-Bryan. The motion passed unanimously.

Mayor Johnson moved Item #33 up on the Agenda, after Item #18.

Alderman Leggett reported a Good Neighbor Agreement was establlished between the petitioner and the neighborhood association; a copy of said agreement was emailed to Mayor Johnson and the Clerk of Council.

Alderman Leggett moved to approve Item #33 including a signed Good Neighbor Agreement, seconded by Mayor Pro-Tem Dr. Shabazz.  The motion passed unanimously.

Alderwoman Miller Blakely questioned what is the Liberty Marker.  Acting City Manager Brown explained the Marker is to honor the Patriots who served on the Liberty 1775 First Warship of the Georgia State Navy Commissioned by the Georgia Provincial Congress.  Due to infrastructure, the Marker is moving to the opposite side of the street.

Alderman Leggett moved to approve Item #34, seconded by Alderwoman Wilder-Bryan.  The motion passed, 8-1-0.  Alderwoman Gibson-Carter voted no.

Mayor Johnson moved Item #35 up on the Agenda, after Item #10.

Mayor Johnson indicated this will be a monthly report for updates on the progress of the new Arena project.

Acting City Manager Brown and Chief Operating Officer Bret Bell gave a briefing on the status of the building construction via a PowerPoint slide presentation.  Mr. Brown introduced Business Opportunity Manager MarRonde Lumpkin-Lotson, Interim Coastal Workforce Services Director Sheron Morgan, and Local 256 Union Representative Meddy Settles to discuss the City's status on DBE, M/WBE, and overall Local DBE participation.

Mr. Brown indicated there is a proposed Ordinance; a local employers ordinance to use local employees (when available).  The City Attorney is drafting the Ordinance entitled, The First Source Local Hire, and the ordinance will be sent to Council Members for review before putting the ordinance on an upcoming agenda.   

Following the presentations:

Alderwoman Miller Blakely asked how many DBE's are currently working at the Arena site.  Ms. Lumpkin-Lotson answered, approximately 6-7 firms, she will confirm with AECOM; the numbers change each day depending on the scope of work.  Alderwoman Miller Blakely asked how many local people are employed by those 6-7 DBE firms, how many were employed from the job fair, and how many are local residents.  Ms. Lumpkin-Lotson asked to send the data to Council Members.

Alderwoman Miller Blakely asked Mr. Settles the number of union workers at the Arena site.  Mr. Settles answered, there are iron workers, glaziers, and carpenters working at the site now.  She asked when general labor work will start and who has the contract.  Mr. Settles answered, two contractors have signed an agreement for general labor; additionally, Hollywood Woodwork and DFH and Associates will be coming on board soon to supply general laborers.  DFH & Associates, is a local DBE.  Alderwoman Miller Blakely would like to meet with Mr. Bell and Ms. Lumpkin-Lotson in the coming week to discuss the DBE participation.

Alderman Palumbo noted this is one of the largest projects in the City and it is on time and meeting all established goals.  He encouraged residents to apply for work at one of the largest public works projects in the City's history.

Alderwoman Lanier discussed the original goal of the City to bring the entire public investment to a depressed corridor to attract private investments.  Looking at or analyzing the data became management tools to determine if the City is reaching it's original goal/intent; to bring money/benefits to the community.  Alderwoman Lanier asked, in analyzing the data, did the City staff compare the current data with trends in other municipalities during the same type of public works projects in a depressed community; did they compare the number of local workers used and were they able to achieve benefits or increase the wealth in the depressed community.  Mr. Meddy answered, they try to use as many local residents as possible; the job fairs help achieve the local participation.    

At a later date, Alderwoman Wilder-Bryan asked Ms. Lumpkin-Lotson to supply Council with the following information:  what system the City has in place to make sure local young residents are part of the project; what is the median age of the workers; what is the retention of the workers; and what steps are in place to make sure the currently employed are able to attend the job fairs and employment opportunities for the project and not lose their current employment.  Ms. Lumpkin-Lotson shared information from the last job fair which included young adults signing up for the 'Construction Ready' program.  Alderwoman Miller Blakely asked how many signed up for the 'Construction Ready' program.  Ms. Morgan answered they received over one hundred registrations.              

Alderwoman Miller Blakely noted the contract for this project was signed during the prior administration and did not include any DBE requirements, however; this administration is adamant about local, union and DBE participation.  Mayor Johnson and Mayor Pro-Tem Dr. Shabazz  emphasized the prior administration did not have any DBE requirements and they were not part of the affirmative vote on the Item.

ANNOUNCEMENTS:

Mayor Johnson announced Police Sergeant Billy Gray and his wife Katie welcomed a baby boy (Aaron) on Tuesday.

Alderwoman Miller Blakely announced there will be a job fair in Cloverdale on April 20, 2021.

Mayor Johnson adjourned the meeting at 6:57 p.m.

The audio recording of the Council Meeting can be found by copying and inserting the below link in your url:

https://savannahgovtv.viebit.com/player.php?hash=Lsl4qCOpJOiM

Mark Massey, Clerk of Council

Date Minutes Approved:  April 22, 2021

Initials: mm