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CITY GOVERNMENT
OFFICIAL PROCEEDINGS OF CITY COUNCIL
SAVANNAH, GEORGIA
The regular meeting of Council was held at 2:04 p.m. in the Ben Tucker Theater of the Savannah Cultural Arts Center, 201 Montgomery Street. Followed by a video presentation, the Mayor and Aldermen were introduced and assumed their positions on stage. The Pledge of Allegiance was recited in unison followed by the invocation by Reverend Dr. Leonard Small, Litway Missionary Baptist Church.
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:
- 53. Settlement of Claim for Personal Injury for Aretha Rhône-Bush in the Amount of $30,000
- 54. Settlement of Claim for Personal Injury for Connie Kulp in the Amount of $150,000
- 55. Settlement of Workers’ Compensation Claim for Gary Kaspar in the Amount of $560,194
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 11th 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 11, 2019 upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
Agenda items 1 and 2 were approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried. Alderman Johnson was not present for the vote.
Agenda items 3 and 4 were approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried. Alderman Johnson was not present for the vote.
Chief Mark Revenew, Savannah Fire Rescue, introduced Colonel Mark McDonough, Commissioner of the Department of Public Safety and Ellis Wood, Vice Chairman of the Governor’s Board of Public Safety, recognizing them for great work the Troopers have done. In addition Chief Revenew took the opportunity to thank them for their support and assistance with the Saint Patrick’s Day Festivities and Rock-n-Roll Marathon during his time serving as the Savannah Police Chief. Col. McDonough recognized Seth Strickland, 2018 Georgia State Patrol Trooper of the year. Mayor DeLoach presented a key to the City to Col. McDonough and read a proclamation highlighting the accomplishments of Trooper Strickland proclaiming Thursday, April 11, 2019 as Trooper Seth Strickland Day in Savannah.
Captain Thornell King, Commander of the Georgia State Patrol South Division, introduced J.K. Crews, Nighthawk Commander who gave a brief overview of the functions of the Nighthawks. The Nighthawk Task Force also helped the City of Savannah during the Saint Patrick’s Day Festivities.
Jen Bonnett, Creative Coast Executive Director, introduced Aleshia Howell, Geekend Program Director, appeared to invite the Council and citizens to attend the 10th anniversary of Geekend, a two-day conference for entrepreneurs, technologists, creatives, makers, leaders and change agents from Savannah and beyond. The event will be held April 26-27, 2019, at the Savannah Cultural Arts Center. For more information, visit www.geek-end.com Ms. Howell provided everyone with a code to receive $20 off general admission SAVCITY19.
Heath Lloyd, Chief Infrastructure and Development Officer, appeared to recognize the City of Savannah’s Greenscape Division who was presented with the Board of Directors Award from the Tourism Leadership Council (TLC). The award was presented to them in recognition for all the hard work done in making the Historic District clean and beautiful. Mr. Lloyd introduced Gordon Denney, Greenscapes Director, who commended his staff for all their hard work and dedication to the City of Savannah introducing the staff members present.
Mayor DeLoach thanked the Greenscapes Division on behalf of everyone in Savannah for the wonderful work they do.
Doris Williams, Executive Director of the Rape Crisis Center of the Coastal Empire, appeared to invite Council to attend the Walk a Mile in Her Shoes event that will be taking place at Forsyth Park this evening at 6:00 p.m. and the Pearls of Power Awards Gala which will be held April 26, 2019 at 6:30 p.m. at the American Legion. Both events are to support victims of sexual assault as April is Sexual Assault Awareness month.
The City of Savannah received the Clean 13 award which is presented annually by the Georgia Water Coalition. The award highlights extraordinary efforts on the part of businesses, industries, local governments, non-profit organizations, and individuals to protect the water and natural resources of Georgia. Tonya Bonitatibus, ​Riverkeeper & Executive Director, presented the award to Council.
Nick Deffley, Director of Sustainability, appeared to announce that the City of Savannah was awarded the Urban Forestry/Green Jobs grant in January 2018 for two years. The grant was to be used to implement equitable solutions to local climate change challenges. Mr. Deffley introduced the Landscape Project Apprentices and Partners. Mayor DeLoach read a proclamation and proclaimed April 11, 2019 as Urban Tree Apprentice Day in Savannah.
Upon motion of Alderwoman Bell, and seconded by Alderwoman Shabazz, unanimous approval was given to amend the agenda to add item 11b, A Resolution honoring Mr. Chad Jacobs for his tireless and successful efforts to advance the cause of affordable and workforce housing for Savannah residents most in need.
Alderman Miller highlighted some of the accomplishments of Mr. Jacobs and Alderwoman Bell read portions of a resolution presented to Mr. Jacobs thanking him for his tireless efforts.
Alderman Johnson recognized former City of Savannah employees Richard Dick Evans and Israel Small.
Alderman Johnson inquired about calls for service to the location. Sgt. Shinita Young, Savannah Police Department, informed Council that the transferee was made aware of all calls previously made and the Savannah Police Department does not have any issues with the license transfer.
The hearings for items 12, 13, 14, 15 and 16 were closed upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried.
The alcohol licenses for items 12, 13, 14, 15 and 16 were approved upon of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
Marcus Lotson, Development Services Director - Metropolitan Planning Commission, briefly described the petitioner's request.
Alderman Durrence requested that item 18 also be reviewed which is related.
The hearings for items 17 and 18 were closed upon motion of Alderman Durrence, seconded by Alderman Miller, and unanimously carried.
The rezoning was approved upon motion of Alderman Durrence, seconded by Alderman Miller, and unanimously carried.
The withdrawal was accepted upon motion of Alderman Durrence, seconded by Alderman Miller, and unanimously carried.
Marcus Lotson, Development Services Director - Metropolitan Planning Commission, briefly described the petitioner's request.
Alderman Johnson inquired about some of the other uses contained within the designation. Mr. Lotson informed Council that designation is a classification that permits all manners of residential types, to include offices such as medical offices and institutional uses such as churches and schools. Alderman Johnson inquired about drug treatment centers and rooming houses. Mr. Lotson informed Alderman Johnson those are not specifically called out in terms of uses in the zoning ordinances but do fall under uses in the zoning category. Alderman Johnson asked if it could be permitted by a future owner. Mr. Lotson replied yes it would be within the right of that zoning.
Alderman Durrence inquired how the use requested is compared to the uses allowed currently and how restrictive would the General Development Plan be in terms of limiting other unintended uses of the rezoning. Mr. Lotson informed Alderman Durrence the existing zoning classification is strictly a multi-family designation so it would prevent multi-family uses as it is currently zoned. He added there was some discussion in the report regarding a plan but it is not tied to the rezoning request as the petitioner did not bring it forward to specifically tie it to the rezoning request however they did provide a concept plan for what they are proposing. Mr. Lotson informed Council the applicant is present and can probably go into further detail and also mentioned they are in the process of attempting to acquire additional property from the City of Savannah that are existing rights of way that abut the property on the north and south sides that will become a part of a future redevelopment if they acquire the property.
Alderman Johnson informed the Mayor and Council that the as the population gets older it is important to have places for people to live. The residents of the neighborhood are opposed to the rezoning and because he is their voice he is also opposed.
Bernetta Lanier, Hudson Hill Community Organization President, and neighborhood representatives appeared to express their opposition to the rezoning request. Ms. Lanier informed Council that the neighborhood members were not aware the property was sold until last month and feels this process is intrusive and will change the character of the neighborhood. Ms. Lanier informed Council that the neighborhood members have not met with the developer and do not see this as an asset but rather a liability.
Mayor DeLoach requested a design and location of what is proposed for the location. In addition he inquired from Attorney Yellin if the developers have met with the residents.
Josh Yellin, Attorney for the petitioner, informed Council that a meeting was held.
Mayor DeLoach suggested deferring the request until a meeting is held with the residents.
Alderman Miller asked for clarification on what the developers intent is for the location. Attorney Yellin briefly explained the current zoning (PUD Multi-Family) which is a Planned Unit Development Multi-Family high density multi-family district versus the proposed change which is Institutional Professional which is a residential classification in the City’s zoning ordinance. Attorney Yellin added there is a concept plan attached to the agenda packet that shows a health clinic adjacent to a senior living facility. Currently the senior living facility can go in under the existing zoning but the applicant is requesting the rezoning to provide the neighborhood health clinic which they see as a community resource much like the senior living facility to allow people to age in place.
Alderwoman Bell expressed her concerns about the community not being engaged in the process.
Items 19 and 20 were continued to the meeting of May 9, 2019 upon motion of Alderman Johnson, seconded by Alderwoman Shabazz, and unanimously carried.
Marcus Lotson, Development Services Director - Metropolitan Planning Commission, briefly described the petitioner's request.
Alderwoman Bell inquired if notification was sent to the residents around the property. Mr. Lotson informed Alderwoman Bell notices were sent out to the residents in the area by the MPC and no requests were received prior to or during the Planning Commission meeting.
Mr. Lotson added the existing classification and the proposed are similar in nature and both allow mixed use districts (residential and non-residential uses).
Alderman Durrence requested clarification that the alcohol use would only allow beer and wine and questioned if this was a down zoning. Mr. Lotson confirmed beer and wine would only be allowed and informed Alderman Durrence the two zoning classifications are pretty similar and if placed on a scale there is a slight down zone from the current classification in terms of the permitted uses.
Alderman Johnson informed Council that he has heard from a few churches in the area as it relates to the proximity and parking already being an issue. Mr. Lotson informed Council the establishment of a restaurant is already permitted so someone could come in with another type of restaurant, in terms of the parking issue there are other uses that are just as intense.
The hearing for item 21 was closed upon motion of Alderman Durrence, seconded by Alderman Miller, and unanimously carried.
The rezoning was approved upon motion of Alderman Durrence, seconded by Alderman Foster, and carried with the following voting in favor: Mayor DeLoach, Alderman Bell, Miller, Foster, Durrence, Thomas, and Hall. Alderman Johnson and Shabazz voted against the motion.
Continued to the meeting of April 25, 2019 upon motion of Alderman Durrence, seconded by Alderman Johnson, and unanimously carried to provide time for the applicant to meet with the residents.
Withdrawn per the petitioner's request
Alderman Hall requested City Manager Hernandez brief Council on the request.
City Manager Hernandez informed Council when this item first appeared before the MPC on March 12, 2019, on his motion the MPC denied the rezoning request. Since then he has had the opportunity to confer with Alderman Hall as well as visit the property. Alderman Hall has expressed the neighborhood’s support for the business, and given that the property predates the zoning code and is currently a non-conforming use that will be conforming under NewZO. He added he is much more comfortable now with the request and has reconsidered his position.
Alderman Thomas inquired what uses are allowed under the B-N zoning classification. Mr. Lotson informed Alderman Thomas that the B-N zoning classification is a common retail designation that is usually along corridors that are adjacent to residential neighborhoods, personal services, convenience stores and things of that nature would all be allowed. Alderman Thomas inquired if the use also permits alcohol. Mr. Lotson replied pursuant to all the other requirements to establish alcohol, package stores would not be permitted but a convenience store to sell beer and wine would. Alderman Thomas expressed his concern with the possibility of the scooter store closing in the future and the zoning classification with the intended uses having the right to open one of those types of businesses at that location. Mr. Lotson informed Alderman Thomas that although a petitioner would have the right under the zoning to establish the use but whether alcohol could be established would be pursuant to Council’s discretion.
The hearing was closed upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
The rezoning request was approved upon motion of Alderman Hall, seconded by Alderman Miller, and carried with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence, Johnson and Hall. Alderman Thomas voted against the motion. Alderwoman Shabazz was not present for the vote.
Alderwoman Shabazz informed Council she is not in agreement with the recommendation of staff and requested more background on the request.
Marcus Lotson, Development Services Director - Metropolitan Planning Commission, briefly described the petitioner's request.
Alderwoman Shabazz asked Council to consider approving the rezoning request due to the fact that it is a down zoning and would be a less intensive use that the existing zoning classification.
Mayor DeLoach expressed his concern with the effect the rezoning would have on the neighbors.
Lewis & Vicki Mitchell, Mitchell Associates Realty, appeared to express their concern with the effect the rezoning would have on their business. Under the existing zoning there isn’t currently a setback but with the rezoning there would be a 10-foot setback and an additional 20-foot buffer, which would destroy the value of their property as it is only 60 feet wide. Additionally, if rezoned it would be surrounded by B-G zoning and would constitute spot zoning and lead to the deterioration of surrounding properties.
Mr. Lotson informed Council that if in the event any current owner were to tear down what is currently on their property and rebuild, depending on what the use was, there would be a requirement for a buffer between them and the adjacent property. Mr. Lotson added throughout the City every different zoning district has a buffer requirement between uses.
Alderman Miller requested the applicant explain the request. Teresa Coleman, petitioner, briefly explained to Council that she wants to change the zoning from business to residential for loan purposes.
The hearing was closed upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried.
Alderwoman Shabazz made a motion to approve the rezoning request. The motion died for lack of a second.
The rezoning was denied upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried.
Ordinance read for the first time in Council April 11, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Johnson, and unanimously carried. Alderwoman Shabazz 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 11, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Johnson, and unanimously carried. Alderwoman Shabazz was not present for the vote.
The ordinance is on file in the Office of the Clerk of Council.
The resolution was approved upon motion of Alderman Foster, seconded by Alderman Thomas, and unanimously carried. Alderwoman Shabazz was not present for the vote.
The contract was continued to the meeting of April 25, 2019, upon motion of Alderman Durrence, seconded by Alderman Thomas, and unanimously carried. Alderwoman Bell recused herself from the vote.
The contract was approved upon motion of Alderman Hall, seconded by Alderman Foster, and unanimously carried.
Alderman Thomas requested the dollar amount of the SPLOST project as it is important to inform the voters. City Manager Hernandez informed Council the amount is $727,528.57.
Items 31-40 and 43-45 were approved upon motion of Alderman Miller, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation. Alderwomen Bell and Shabazz were not present for the vote.
Withdrawn per the City Manager's request
Withdrawn per the City Manager's request
Withdrawn per the City Manager's request
Meg Heap, Chatham County District Attorney, and other government agency partners appeared to discuss an inter-governmental agreement between the City of Savannah and the Chatham County District Attorney's Office where victims of domestic conflict and violence can meet with police and prosecutors in order to access: victim compensation assistance, crisis intervention, information on the criminal justice system, a 24 hour crisis line, case management, temporary protective orders, and related services.
The agreement was approved upon motion of Alderman Miller, seconded by Alderman Johnson, and unanimously carried per the City Manager's recommendation.
The encroachment was approved upon motion of Alderman Foster, seconded by Alderman Miller, and unanimously carried per the City Manager's recommendation.
Alderman Johnson expressed his opposition with this lease agreement referencing Savannah State University utilizing the facility for its graduate community outreach and extension programs and how the use of the facility by the City would obliterate that. He understands the need of the City but doesn’t agree with it and will not be voting in favor of the lease agreement. Alderman Thomas requested an explanation of what the center will be used for and the amount of rent that will be paid. City Manager Hernandez informed Council that the building is fairly large with an east and west wing. The City would lease the east wing which is approximately 35,000 square feet. Savannah State would still remain in the west wing and offer their graduate courses. The purpose of the lease is to consolidate all of the City’s financial operations. The lease cost would be approximately $477,593 and the estimated expenditures for utilities and janitorial services is approximately $174,000.
The lease was approved upon motion of Alderman Johnson, seconded by Alderman Durrence, and carried with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence and Hall. Aldermen Johnson, Thomas and Shabazz voted against the motion.
Alderman Johnson requested an explanation of the item from the City Manager. City Manager Hernandez explained that the operations at the City-owned facility located at 1204 West Gwinnett Street (commonly known as City Lot) will need to be relocated in preparation for the Arena and Canal District development. Part of the relocation involves certain Sanitation functions for which the purchase of real property located at 1809 West US Highway 80 is being considered. This facility is currently owned by Waste Management, there are some on-site improvements that need to occur. Alderman Johnson inquired about the plans for portions of sanitation to be on Interchange Court behind Carver Village. City Manager Hernandez informed the alderman that the street sweeping operations will still be at that location and this will be a net savings for the project.
The purchase was approved upon motion of Alderman Johnson, seconded by Alderman Durrence, and carried with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence, Johnson, Hall and Shabazz. Alderman Thomas voted against the motion.
The agreement was approved upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried per the City Manager's recommendation.
The item was approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
The settlement was approved upon motion of Alderwoman Bell, seconded by Alderman Thomas, and unanimously carried per the City Attorney's recommendation.
The settlement was approved upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried per the City Attorney's recommendation.
The settlement was approved upon motion of Alderman Miller, seconded by Alderman Durrence, and unanimously carried per the City Attorney's recommendation.
The City Manager expressed appreciation and gratitude to Taffanye Young, Lissette Garcia Arrogante, and staff of the Cultural Arts department for preparing the building for the meeting held today.
After a discussion to continue the meeting to further discuss SPLOST VII that was listed on the workshop agenda, the City Manager proposed continuing the discussion to next week during the budget conference.
There being no further business, Mayor DeLoach declared this meeting of Council adjourned at 4:30 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=dsvjv9aiHtgt
