March 14, 2019 City Council Regular Meeting

CITY GOVERNMENT

OFFICIAL PROCEEDINGS OF CITY COUNCIL

SAVANNAH, GEORGIA

The regular meeting of Council was held at 2:01 p.m. in the Council Chambers of City Hall. The pledge of allegiance was recited in unison followed by the invocation by Mayor Pro Tem Carolyn H. Bell.

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 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 14th day of March, 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:

  1. The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified;
  2. 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;
  3. 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
  4. 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: MARCH 14, 2019 upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.

APPROVAL OF MINUTES
1. Motion to Approve the Summary/Final Minutes for the City Council Work Session of February 20, 2019
Exhibit 1: Workship Minutes.pdf
2. Motion to Approve the Summary/Final Minutes for the City Council Work Session and City Manager's Briefing of February 28, 2019
02.28.19 WS Minutes.pdf
3. Motion to Approve the Summary/Final Minutes for the City Council Meeting of February 28, 2019
02.28.19 Minutes.pdf

Agenda items 1, 2 and 3 were approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried. 

PRESENTATIONS
4. Appearance by Representatives from Leopold’s Ice Cream and Live Oak Public Libraries to Recognize Winners of the 9th Annual Leopold’s Creative Writing Challenge

Kerry Ferrera of Leopold’s Ice Cream, introduced the winners of the Leopold’s Ice Cream and Live Oak Public Libraries 9th Annual Creative Writing Challenge. Upon being introduced, each winner that was present recited their poem, took a picture with the Mayor and received a commemorative pin from the City. 

Elementary Winner (K-2):

  • “Happy 100” by Amari Copeland, 6, Frank Long Elementary (not present)

Finalists: 

  • “A Sweet Century” by Theo Cohen, 7, Susie King Taylor Community School
  • “I Love to Dream” by Paisey Thompson, 7, St. Andrews School

Elementary Winner (3-5):

  • “Untitled” by Emma Claire Villa, 8, Susie King Taylor Community School (not present)

Finalists:

  • “100 Years of Leopold’s” by Jamison Buners, 11, Button Gwinnett Elementary
  • “100 Years of Leopold’s” by Alexander James (AJ) Rahal, 10, St. James Catholic School (not present)

Middle School Winner (6-8)

  • “Untitled” by Payton Tanner, 12, Godley Station School

Finalists:

  • “A Century of Sweetness” by Jessica E. Hogg, 13, Homeschool
  • “Leopold’s Poem” by Scarlett Jackson, 11, Coastal Middle School

High School Winner (9-12)

  • “Classic Lines are Worth the Wait” by Krystell Sanchez Romero, 16, Sol C Johnson High School

Finalists:

  • “My Dream” by Keyshawn McCoy, 15, Woodville Tompkins Technical & Career High School
  • “Untitled” by Nia Johnson, 16, Islands High School
ALCOHOLIC BEVERAGE LICENSE HEARINGS
5. Motion to Approve the Transfer of a Class C Alcohol License for Aubrey L. Pippen of Jerry's Lounge from Deborah Pembroke at 1209 East Montgomery Crossroads (Aldermanic District 4)
Exhibit 1: Checklist -Jerry's Lounge.pdf
Exhibit 2: Density Map -Jerry's Lounge.pdf
Exhibit 3: Alcohol Documents -Jerry's Lounge.pdf
Exhibit 4: Mesaurement Report -Jerry's Lounge.pdf

A public hearing was held on items 5, 6 and 7. No persons came forward to speak either for or against the item.

The hearings were closed upon motion of Alderman Durrence, seconded by Alderman Miller, and unanimously carried.

The transfer for item 5 was approved upon motion of Alderman Miller, seconded by Alderman Durrence, and unanimously carried.

6. Motion to Approve the Transfer of a Class C Alcohol License for Krishna Patel of Tryp Hotel by Wyndham from Cherrelle Davis located at 320 Montgomery Street.(Aldermanic District 2)
Exhibit 1: Checklist - Tryp Hotel by Wyndham.pdf
Exhibit 2: Density Map - Tryp Hotel by Wyndham.pdf
Exhibit 3: Alcohol Documents - Tryp Hotel by Wyndham.pdf
Exhibit 4: Measurement Report - Tryp Hotel by Wyndham.pdf

The transfer of item 6 was approved upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried.

7. Motion to Approve the Transfer of a Class E Alcohol License for Sai Rani Marapally of Lucky Mart from Rima Patel at 10004 Abercorn Street (Aldermanic District 5)
Exhibit 1: Checklist - Lucky Mart.pdf
Exhibit 2: Density Map - Lucky Mart.pdf
Exhibit 3: Alcohol Documents - Lucky Mart.pdf
Exhibit 4: Measurement Report - Lucky Mart.pdf

The transfer of item 7 was approved upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried.

ZONING HEARING
8. Motion to Rezone 2026 Habersham Street et al From TN-2 and TC-1 to TC-1 (Petitioner: Jay Maupin for Heath Shelton)
Exhibit 1: Planning Commission Recommendation - 2026 Habersham.pdf
Exhibit 2: Draft Ordinance 2026 Habersham.pdf
Exhibit 3: Aerial Map 2026 Habersham.pdf

Marcus Lotson, Metropolitan Planning Commission, briefly described the petitioner's rezoning request. 

Alderman Durrence expressed his concerns about the City being placed in a situation its been in the past where properties are rezoned and subsequently not used as intended. He asked if there was a site plan and how comfortable staff was that the project will move forward. Mr. Lotson assured Alderman Durrence that the MPC staff was comfortable with moving forward because the classification is appropriate, and it would have to go through the certificate of appropriateness process because it is in the Mid-City District.  

The hearing 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 Miller, and unanimously carried.

Alderman Miller expressed his concerns with the City being saturated with market place apartments instead of sorely needed workforce and affordable housing. He asked City Manager Hernandez and staff to bring back information on inclusionary zoning policies. City Manager Hernandez briefly explained the components of the process and requested Council hold off on bringing back information until after the NewZO process has been wrapped up.

Alderman Johnson stated he has research that could help staff have a jump start on not only an inclusionary housing policy, but an affordable housing policy. He also expressed his concern with Council continuing to approve developments that reduce the affordable housing stock.

Alderwoman Shabazz requested the City Manager provide a breakdown in specifics and detail of affordable housing and workforce housing to help educate the public on the differences.  

City Manager Hernandez stated the presentation will be scheduled for the second meeting in April during the Workshop.

ORDINANCES - FIRST READING
9. Motion to Approve a Revision to the Subdivision Regulations Ordinance
Exhibit 1: Plat Review Process Comparison - Other Large Cities in Georgia.pdf
Exhibit 2: Subdivision Regulations (Redline Version).pdf
Exhibit 3: Subdivision Regulations (Revised).pdf

The first reading was heard.

ORDINANCES - FIRST AND SECOND READING
10. Motion to Amend the Future Land Use Category for 703 Louisville Road (Petitioner: MPC staff)
Exhibit 1: Planning Commission Recommendation - 703 Louisville Rd with General Development Plan.pdf
Exhibit 2: Draft Ordinance - 703 Louisville Rd (Future Land Use Map Category).pdf
Exhibit 3: Aerial Map.pdf

Alderman Johnson opposed a combined first and second reading, therefore the item was heard for first reading only, due to a lack of unanimous consent.

11. Motion to Rezone 703 Louisville Road from P-RIP-D with a GDP and I-H to P-RIP-D with a GDP (Petitioner: WEDP Fund I, LLC)
Exhibit 1: Planning Commission Recommendation - 703 Louisville Rd (Rezoning with GDP).pdf
Exhibit 2: GDP as Approved by the Planning Commission - 703 Louisville Rd.pdf
Exhibit 3: GDP as Approved by the Mayor and Aldermen - 703 Louisville Rd.pdf
Exhibit 4: GDP Revision Request - 703 Louisville Rd.pdf
Exhibit 5: 703 Louisville Rd Draft Ordinance.pdf
Exhibit 6: 703 Louisville Rd 20190228 PowerPoint Presentation.pdf
Exhibit 7: ALTA Survey of City Surplus Parcel.pdf
Exhibit 8: Development Agreement for City Surplus Parcel.pdf
Exhibit 9: 703 Louisville Rd 20190307 DRAFT Recombination Survey.pdf
Exhibit 10: Aerial Map.pdf

Alderman Johnson opposed a combined first and second reading, therefore the item was heard for first reading only, due to a lack of unanimous consent.

12. Motion to Rezone 317 and 323 East Broughton Street from the RIP-A to BC-1 (Petitioner: Rob Brannen for Davenport House Endowment Fund (D.H.E.F.), Lisa Van Dusen, William H. Morrison, and Nancy Macaluso)
Exhibit 1: Planning Commission Recommendation - 317 and 323 E Broughton St.pdf
Exhibit 2: Draft Ordinance - 317 and 323 E Broughton St (Rezoning).pdf
Exhibit 3: Aerial Map.pdf

Alderman Thomas opposed a combined first and second reading, therefore the item was heard for first reading only, due to a lack of unanimous consent.

Alderman Miller asked Daniel Carey with the Historic Savannah Foundation if he was able to give Council some insight on what the plan was for the property. Mr. Carey stated it would be a small addition to the rear of the existing Kennedy Pharmacy Building to house a classroom and preservation center. 

SPLOST PROJECTS
13. Motion to Procure Audio Visual Equipment and Maintenance and Support for the Pennsylvania Avenue Resource Center from Net Planner Systems, Inc. (Event No. 6845)
Exhibit 1: PARC AV Equipment Purchasing Summary.pdf
Exhibit 2: PARC AV Equipment Scope .pdf
Exhibit 3: PARC AV Equipment Plans.pdf
Exhibit 4: PARC AV Equipment Funding Verification.pdf

The procurement was approved upon motion of Alderman Hall, seconded by Alderwoman Bell, and unanimously carried.

14. Motion to Procure Furniture from Exemplis Corp. c/o Mason, Inc. and National Office Furniture (Event No. 6981)
Exhibit 1: PARC Furniture Purchasing Summary.pdf
Exhibit 2: PARC Furniture Funding Verification.pdf

The procurement was approved upon motion of Alderman Hall, seconded by Alderman Miller, and unanimously carried.

PURCHASING ITEMS
15. Motion to Renew Annual Contract for Gate and Tapping Valves with Consolidated Pipe & Supply and Core & Main (Event No. 5491)
Exhibit 1: Gate and Tapping Bid Tab.pdf
Exhibit 2: Gate and Tapping Scope.pdf
Exhibit 3: Gate and Tapping Funding Verification.pdf
Exhibit 4: Gate and Tapping Purchasing Summary.pdf
16. Motion to Procure Four Zero Turn Mowers from Gridiron, LLC (Event No. 6753)
Exhibit 1: Zero Turn Mower Purchasing Summary.pdf
Exhibit 2: Zero Turn Mower Funding Verification.pdf
Exhibit 3: Zero Turn Mower Scope.pdf
Exhibit 4: Zero Turn Mower Bid Tab.pdf
17. Notification of Emergency Procurement of Welding Services from L&H Welding (Event No. 6980)
Exhibit 1: Welding Funding Verification.pdf
Exhibit 2: Welding Purchasing Summary.pdf
18. Motion to Renew Annual Contract for Protective Coatings with Dun-Right Services (Event No. 5417)
Exhibit 1: Protective Coatings Purchasing Summary.pdf
Exhibit 2: Protective Coatings Scope.pdf
Exhibit 3: Protective Coatings Bid Tab.pdf
Exhibit 4: Protective Coatings Funding Verification.pdf
19. Motion to Award Annual Maintenance Agreement for Citation Device and Software Support and Maintenance to T2 Systems, Inc. (Event No. 6977)
Exhibit 1: T2 Purchasing Summary.pdf
Exhibit 2: T2 Funding Verification.pdf
20. Motion to Award Annual Contract for Commercial Irrigation Services to Turf Services Unlimited, Inc. (Event No. 6806)
Exhibit 1: Irrigation Purchasing Summary.pdf
Exhibit 2: Irrigation Funding Verification.pdf
Exhibit 3: Irrigation Scope.pdf
Exhibit 4: Irrigation Bid Tab.pdf
21. Motion to Award Annual Contract for Installation of Sod to Turf Services Unlimited. Inc. (Event No. 6809)
Exhibit 1: Sod Purchasing Summary.pdf
Exhibit 2: Sod Funding Verification.pdf
Exhibit 3: Sod Scope.pdf
Exhibit 4: Sod Bid Tab.pdf

The purchasing items 15, 16, 17, 18, 19, 20 and 21 were approved upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously carried per the City Manager's recommendation.

22. Motion to Award Contract for Gangway Platform Installation Services to Myrick Marine Contracting Corp. (Event No. 6709)
Exhibit 1: Gangway Purchasing Summary.pdf
Exhibit 2: Gangway Bid Tab.pdf
Exhibit 3: Gangway Plans S-6.pdf
Exhibit 4: Gangway Plans S-5.pdf
Exhibit 5: Gangway Plans S-3.pdf
Exhibit 6: Gangway Funding Verification.pdf

Withdrawn per the request of the City Manager.

23. Motion to Approve Contract Modification No. 1 for Construction Services for the Industrial and Domestic Water Distribution Laboratory with Dabbs-Williams General Contractors, LLC (Event No. 6047)
Exhibit 1: I&D Lab Purchasing Summary.pdf
Exhibit 2: I&D Lab Funding Verification.pdf

Withdrawn per the request of the City Manager.

AGREEMENTS
24. Motion to Enter an Intergovernmental Agreement with Chatham County to Continue the End Gun Violence Program (Event No. 6929)
Exhibit 1: EGV Purchasing Summary.pdf
Exhibit 2: EGV Funding Verification.pdf
Exhibit 3: EGV monthly report.pdf
Exhibit 4: EGV MOU.pdf

Alderman Johnson announced that he was recusing himself from the discussion and the vote, out of an abundance of caution, and he stepped away from the dais.

Alderman Thomas expressed his concerns with the position for the End Gun Violence Director being housed in the District Attorney’s Office. In addition he expressed his concern with the reporting measures and requested up to date reports from the City Manager on the End Gun Violence program, as it relates to monies being received and actions done on an ongoing basis.

Alderwoman Shabazz asked for an explanation of the End Gun Violence program. Major Lenny Gunther provided a brief history to include some of the accomplishments of the program.

Alderman Thomas requested copies of the Memorandum of Understanding (signed and executed) for the End Gun Violence program from the past, and in addition to the one that is being discussed today.

Alderwoman Shabazz asked for clarification of where the funding is coming from for the End Gun Violence program. City Manager Hernandez stated the funds are coming from the Savannah Police Department budget and would be used to contract with the District Attorney’s Office to handle the non-law enforcement portion of the program. The entire End Gun Violence program budget is a little larger as there are still individuals within the police department that also support the project. One civilian position is within the Savannah Police Department. 

Alderwoman Shabazz asked for clarification as to why the program was going to the District Attorney’s Office. City Manager Hernandez replied staff believes there are benefits in working with the District Attorney because they deal with victims of other crimes and deal directly with other victimization and retaliation. In addition there is synergy between having the District Attorney involved in the non-law enforcement portion of the program.

Alderman Thomas asked how the weekly and monthly reports are transmitted. Chief Minter stated they are transmitted electronically on Monday after the following week.

The Intergovernmental Agreement was approved upon motion of Alderman Miller, seconded by Alderman Durrence, and carried per the City Manager's recommendation with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence, Hall and Shabazz. Alderman Thomas voted against the motion. 

Following the vote, Alderman Johnson extended sincere thanks to the Police Chief, Major Adams and Gunther and staff regarding their work on the Shawntray Grant homicide which led to seven arrests, pertaining to five different homicides and resulting in a 108-count indictment, as well as leads to other aggravated assaults.

Alderman Hall thanked the Police for a fantastic job in removing all of the narcotics from the streets in the prior week.

25. Motion to Approve a Water and Sewer Agreement for Eastern Wharf - Residential.
Exhibit 1: Eastern Wharf - Residential.pdf

The agreement was approved upon motion of Alderman Johnson, seconded by Alderwoman Bell, and unanimously carried per the City Manager's recommendation.

26. Motion to Approve a Water and Sewer Agreement for New Life Apostolic Church
Exhibit 1: New Life Apostolic Church.pdf

The agreement was approved upon motion of Alderman Hall, seconded by Alderwoman Bell, and unanimously carried per the City Manager's recommendation.

REAL ESTATE ITEMS
27. Motion to Approve Easement to Southern Telecom, Inc. on City Owned Property at Highway 21.
Exhibit 1: Non-Exclusive Easement - Parcel West of Hwy 21.pdf
Exhibit 2: Map and Picture of Easement at Parcel West of Hwy 21.pdf

The easement was approved upon motion of Alderman Miller, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.

28. Motion to Approve Easement to Southern Telecom, Inc. at 1010 Carl Griffin Drive.
Exhibit 1: Non-Exclusive Easement - 1010 Carl Griffin Drive.pdf
Exhibit 2: Map and Picture of Easement at 1010 Carl Griffin Drive.pdf

The easement was approved upon motion of Alderman Miller, seconded by Alderwoman Hall, and unanimously carried per the City Manager's recommendation.

29. Motion to Approve an Exchange of Real Property with Row Pine Development, LLC.
Exhibit 1: Real Property Trade - Row Pine-signed Agreement.pdf
Exhibit 2: Highlands Land Swap - Maps.pdf

Withdrawn per the request of the City Manager.

30. Motion to Approve Resolution to Authorize the Use of Eminent Domain Along West Gwinnett Street as Part of the Arena Development Project
Exhibit 1: W Gwinnett St - Map Attachment.pdf
Exhibit 2: W Gwinnett St - Resolution Attachment.pdf
Exhibit 3: W Gwinnett St - Aerial Map of Properties.pdf

Withdrawn per the request of the City Manager.

Alderman Johnson indicated that additional due diligence will be conducted by the City Manager and staff regarding the use of eminent domain.

The City Manager indicated that they will be conducting additional outreach to affected property owners and he will be asking the City Council to hold a special called meeting to address the  up to 128 affected properties to include those on DeLesseps (120 parcels), as well.

31. Motion to Approve Resolution to Authorize the Use of Eminent Domain on the Delesseps Avenue Project.
Exhibit 1: Delesseps - Map of Road Widening.pdf
Exhibit 2: Delesseps - Resolution.pdf
Exhibit 3: Delesseps - Resolution Exhibit A ROW Plans.pdf
Exhibit 4: Delesseps - Aerial Map of Properties.pdf

Withdrawn per the request of the City Manager.

Alderman Hall asked the body to think about separating items #30 and #31, so that staff could move forward on the DeLesseps Avenue properties. 

MISCELLANEOUS
32. First Reading of the Downtown Savannah Authority Bond Application
Exhibit 1: Council Agenda Information.pdf

The first reading was heard.

PUBLIC COMMENT (ADDED)

  1. Mr. Richard (Rick) Ellison
    1. Concerns regarding Board of Elections
    2. Concerns regarding voting machines coming in
    3. Concerns regarding minutes not being available on the website
    4. Concerns regarding guns being allowed within establishments

Alderman Hall requested the Interim City Attorney to address Mr. Ellison’s concerns regarding who can carry weapons. Interim City Attorney Herman stated it is a Second Amendment right and any changes would have to come from the State level.

Alderman Johnson indicated that the City Council can put items/issues on a legislative agenda to present to the State Legislature.

ANNOUNCEMENTS

Alderman Johnson announced that Ronald “RD” Williams transitioned on last Monday. This past Saturday he and other Aldermen attended the funeral services. Mr. Williams was a phenomenal leader of the community who attended meetings regularly and served as The West Savannah Neighborhood Association President. He wished his entire family and everyone who supported him well, in hopes that he will rest in peace.

Mayor Pro Tem Bell announced that most of the members of Council recently attended the National League of Cities (NLC) in Washington, D.C. During that visit, she and the Mayor were able to visit six U.S. Congressmen. The federal representatives are very interested in Savannah, and they were very complimentary of all the progress and successes made on the local level. They offered their aid and assistance in any way they can, including funding opportunities.

Mayor DeLoach recognized and introduced the new Clerk of Council Mark Massey to the City of Savannah.

There being no further business, Mayor DeLoach declared this meeting of Council adjourned at 3:21 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=0yYiGb0RSMTT

Mark Massey, Clerk of Council
Agenda Plus