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CITY GOVERNMENT
OFFICIAL PROCEEDINGS OF CITY COUNCIL
SAVANNAH, GEORGIA
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
Brooks Stillwell, City Attorney
William Shearouse, Assistant City Attorney
The regular meeting of Council was held this date at 2:00 p.m. in the Council Chambers of City Hall. The Pledge of Allegiance was recited in unison followed by the Invocation by Rev. George P. Lee, III, St. John Baptist Church.
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 and Litigation 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 27th day of September, 2018 the Council entered into a closed session for the purpose of discussing Real Estate and Litigation. 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: SEPTEMBER 27, 2018 upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
Upon motion of Alderwoman Bell, seconded by Alderman Miller, and unanimously approved the agenda was amended to add item number 40, a claim settlement added by the City Attorney, and to move item number 39 to follow item number 5 as item number 5.1.
Approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.
Jennifer Munthali, Store Manager at Home Depot in Macon, Georgia and Team Depot District Captain for this area appeared before Council to thank the City for the opportunity to be present and able to do these types of grants to support veterans in the area. Mayor DeLoach thanked Home Depot for all that they are doing and welcomed them to come back anytime. Martin Fretty, Housing Director, announced that work renovating the two houses will begin tomorrow. Anita Smith-Dixon stated one house is located in the 2nd District and the other is located in the 1st District, both are for two very deserving families, and work will begin at 8 a.m.
Michelle Gavin, Office of Public Communications Director, and Carl V. Lewis, Founder of Open Savannah, invited the public to participate in CityCamp Savannah. The City’s Budget Department and OpenSavannah are partnering for a flagship one-day event in an attempt to improve transparency and spur public participation in the 2019 budget and beyond. Mr. Lewis stated this will be civic engagement at its best and will show how taxpayer dollars are spent and will give participants an opportunity to learn and have a voice. The event will be October 20th beginning at 8:30 a.m. in the Savannah Civic Center 3rd floor Ballroom. Citizens can sign up or get more information at www.citycampsav.org.
Brent Boyd from the City's Greenscapes Department accepted the donation on behalf of the City of Savannah. The donation will be used to repoint and resurface the Moravian Marker in Oglethorpe Square.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Miller, seconded by Alderman Durrence, and unanimously carried.
Approved upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Miller, seconded by Alderman Durrence, and unanimously carried.
Approved upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Miller, seconded by Alderman Durrence, and unanimously carried.
Approved upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Miller, seconded by Alderman Durrence, and unanimously carried.
Approved upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Miller, seconded by Alderwoman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderwoman Bell, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
City Manager Hernandez: Before you close the hearing Mr. Mayor, I just want to point out that initially when the agenda was published, we noted that there were active code violations on this property. The property has since come into compliance. There are no longer any active code violations.
Hearing closed upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried.
Approved upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried.
City Manager Hernandez: Mayor, members of City Council, the City has received an application submitted by Jacqueline Somesso for a new alcohol license at 10201 Abercorn Street. The petitioner is proposing to operate an eating establishment and will do business under the name of Liquid Cafe. The applicant has requested to be licensed as a retail dealer for onsite consumption and plans to sell beer, wine, and liquor. In reviewing this application it was noted by our staff that the applicant has previously held licenses with the City of Savannah. The Mayor and Aldermen have had several show cause hearings to either deny or revoke alcohol licenses based on the petitioner's history in abiding by the City's Code of Ordinances with respect to alcohol beverage establishments and for that reason staff is requesting that you continue this meeting for two weeks and schedule a show cause hearing and our recommendation will be for denial based on the petitioner's history.
Mayor DeLoach: Everybody heard that comment, the recommendation is to delay it for two weeks and have a show cause hearing in two weeks.
[Steve Scheer, Attorney for Ms. Somesso, stated that was one license and the incident was over 11 years ago.]
Mayor DeLoach: That's okay, we just plan on a show cause hearing in two weeks which is the recommendation of the City Manager.
Continued to the meeting of October 11, 2018 upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried per the City Manager’s recommendation.
Marcus Lotson, Metropolitan Planning Commission: The petitioner for 606 Berrien Street is requesting that property be rezoned from the current P-RIP-B, which is a residential medium density classification, to the R-B-C classification. The property is on the north side of Berrien between Wilson and Purse Street. If you're familiar with the Garrison school, it's across the street west of Martin Luther King, Jr. Boulevard and is approximately a quarter acre in size. The petitioner is requesting this rezoning pursuant to developing that property with a 16 unit apartment building. They have been before the Historic District Board of Review because this property is within the Historic District and they've received approval from that body for the proposed development. The Planning Commission is recommending approval of the proposed zoning as well.
Alderman Johnson: This is the property directly across from the open lot that’s right there?
Mr. Lotson: Yes, it is currently a vacant lot.
Alderman Johnson: So, essentially it would be an apartment building facing the school?
Mr. Lotson: Yes.
Alderman Johnson: And so in terms of specifics like parking and those issues that will be site plan specific?
Mr. Lotson: It will be, but we have worked with the applicants thus far on that process and based on what we've seen so far, they are able to meet their parking requirement. As you brought up they are proposing that the ground floor of the development be their parking and the units be above.
Alderman Johnson: How many floors are they proposing?
Mr. Lotson: Four stories.
Alderman Johnson: I guess my only concern is that I know that part of Berrien Street is actually closed during school. They actually close that street off for people to drive across it during school hours. I didn't know whether it was something special arrangement with the City of Savannah or how that was arranged.
Mr. Lotson: Well right now and they have worked with the City's Traffic Engineering Department and they are not proposing to use Berrien as their vehicular access.
Alderman Hall: What kind of retail is going to be in that building?
Mr. Lotson: They have not determined the type of retail yet, but they did indicate that it would probably be something along the lines of a cafe or coffee shop, but they don't have a tenant at this point.
Hearing closed upon motion of Alderman Johnson, seconded by Alderwoman Bell, and unanimously carried.
Approved upon motion of Alderman Johnson, seconded by Alderman Durrence, and unanimously carried. Alderwoman Shabazz was not present for the vote.
Marcus Lotson, Metropolitan Planning Commission: This petition is a request for a special use. This property at 1650 East Victory Drive, which is on the north side of Victory between Oleander and Hibiscus, is currently zoned PUD-IS-B. Within that zoning classification there are a number of uses that are permitted by right but there is also a provision that allows the Mayor and Aldermen to approve any other use that is petitioned by the property owner. In this case the petitioner is requesting approval of use number 20, which is assembly hall. The petitioner has indicated that they would like to also use the property which is currently an antique store as an assembly hall for special events. The requested use is a use within the zoning ordinance and if the petitioner is granted that use they will be able to use the facility as an assembly hall in addition to the current uses that are permitted on the property. The Planning Commission recommended that the petition be approved in terms of the special use with the condition that the occupancy not exceed 156 persons and that was based on the parking requirement and the site's ability to maintain the number of spaces that are required for that use.
Alderwoman Bell: I have a question and maybe Alderman Hall may know more about this but wasn’t there some concern about making sure we have looked at all of the…
Alderman Hall: That's correct Alderwoman Bell, and we do have that particular area under study by the MPC right now from Bee Road east to the Truman Parkway. I have also been contacted by several members of the community just north of this in the Victory Manor Neighborhood and they strongly oppose this. Mr. Mayor and Aldermen I recommend that we wait, and we not act on this petition until the MPC has come back to us with their comprehensive study. As you know, two weeks ago we discussed rezoning two parcels in that area and this Council unanimously, minus one didn’t act on it. So, what I am recommending is that we postpone this action.
Alderwoman Bell: And do a comprehensive study on the entire area?
Alderman Hall: Correct.
Mayor DeLoach: Are y’all interested in speaking on this? I think this has gotten tied into that study across the street on Dixie Avenue, the one across the street there they want to tie all that together.
Attorney Harold Yellin: Good day, Harold Yellin for the petitioner. With me is Mr. Dicky Mopper, who I'm sure all of you know. We did just come from the Planning Commission with a recommendation for approval and candidly Mr. Hall there was no one there to oppose the petition. We would certainly at least ask you treat this as a public hearing and any name that you have that's opposed please give us the opportunity in the next two weeks to talk to them because coming before y'all, we were unaware of any opposition to what we're trying to do. I would like for everyone to know this property is zoned PUD-IS-B, which means that right now as a matter of right, without even coming before you, you could have an art gallery or a museum or a theater or a church and I bring that up because it's a little bit unusual, but often those uses have an assembly hall. Jepson Center has an assembly hall as part of the museum. Often churches have as a part of that church an assembly hall, so it's not unusual that things that can go here as a matter of right already have assembly halls. I also want to point out to y'all, this location is identified on the future land use map as being commercial neighborhood, not residential, but commercial neighborhoods, so we really do believe it fits.
Mayor DeLoach: I spoke to the Director of the MPC, Ms. Wilson, and the idea is she's going to pull that into that study she's going to do across the street that she has started with that entire area right there because they was concerned of us approving in different spots that didn't all tie together and therefore she is going to take and pull that area in also and just give it a comprehensive study to that area. I think we've got it set for three months, to get that approved to look at that.
Attorney Yellin: Mr. Mayor, we were not aware that the north side of the street was a part of the south side.
Mayor DeLoach: I know where it is and she knows where it is and she was interested in tying that together so that the road down through there would be a complete, you know, I don't know, look at it and make sure it all ties together. Similar to what happened to us on Dixie when they wanted to approve the other lots and everybody said, well let's do a study right there. So, I think she wants to make sure that corridor is the way she wants it to be.
Attorney Yellin: Let me be sort of clear about one thing, we're not looking to rezone the property, but this is really important it’s a PUD-IS-B and under that zoning classification if you have a use that you'd like to see in that zoning, we come before y’all. So, we're not changing the zoning at all we're simply asking for this use and we would welcome the opportunity to meet with everyone.
Mayor DeLoach: I don't know any of those, but I do know that she's going to look at that in that study.
Attorney Yellin: I think in direct result to everyone who's trying to rezone on the other side of the street. There were several rezoning petitions, which we're not trying to do.
Mayor DeLoach: I know what she's talking about, but I'm just saying she's going to tie that to that study.
Attorney Yellin: I hear you, but Mr. Mayor three months is a long time.
Mayor DeLoach: Let's call the question, there’s nothing else I can say.
Alderwoman Bell: So, Harold or Dicky, did you all talk to the neighbors regarding… let me tell you, I did get a call from a very vocal citizen who's concerned and I want to recall correctly, but her concern was the lack of parking around the proposed assembly hall and she was very concerned about how that could impact the little residential neighborhood off Dixie Avenue.
Dicky Mopper: Okay, so real quick, I'm Dicky Mopper and there are a couple of things I would like to say. First I'll address the parking, the reason we have a limited number of people that are allowed to come there for any kind of event is because of the parking. We have parking that allows us to have 156 people on site today by code and we're not asking for anything beyond that. We also have agreed that none of our events go beyond 9:00 at night so that we don't disturb the residences. We've been in our location for four years. We have a really good relationship with the neighbors and I see them on a regular basis. I walked the entire neighborhood and knocked on every single door before we had an MPC meeting and I did not see every neighbor, but everybody that I talked to said they welcomed it as long as we continued to be the good neighbors we'd already been. That's why I'm really concerned when I hear Alderman Hall say that he has had people come to him that are very, very opposed to this because I have really worked that neighborhood to be friends with them and to get to know them and to be good neighbors.
Alderman Hall: Mr. Mopper, I have had the calls.
Mr. Mopper: I believe you, I'm just concerned. Where do they live?
Alderman Hall: In that neighborhood. And when you say assembly hall and you’re going to put how many people?
Mr. Mopper: 156.
Alderman Hall: So, just assume two people ride together. How many cars are you putting in there?
Mr. Mopper: All I know is we meet the code.
Alderman Hall: You don't have the capacity.
Mr. Mopper: Well, apparently according to the code we do.
Alderman Hall: So, that overflow will flow into the neighborhood. All we're trying to do is do a comprehensive study review of that whole corridor from Bee Road east to the Truman. You're being a good neighbor, you sell fountains and you do wine tasting or whatever. But you don't have that crowd that you about to put in there right now. You want to put a crowd of 150 people.
Mr. Mopper: Can I just ask you a question, I understand everything you're saying but don't we have parking requirements and zoning requirements that tell us what we're allowed to do just factually. I'm not going to argue with you about it because you guys have the vote, not me and you will make the decision you want to make. But I will tell you unequivocally that we're not doing anything or asking for anything where we don't meet all the requirements. I'm not asking for anything more than that and I won’t tell you that if tomorrow someone wants to open a church in our facility, not an event hall of any kind but a church, by zoning they have every right to do that. Point being they have the same parking issues, the same overflow issues, there is no differential and you know I'm not trying to do anything except explain what we all should know. The zoning requirements, the code requirement, the parking requirement, all of which we meet.
Mayor DeLoach: We’re going to follow up with Ms. Wilson.
Alderman Miller: Mr. Mopper can you, this is going to come back one way or the other, can you kind of share with us your vision of what you think this is going to be?
Mr. Mopper: Sure, it’s going to be a small venue for weddings and things of that nature and it won't be on a regular basis. We're going to still continue to have the antique shop. When we have an event it'll be in the evenings or on the weekends when the shop would not be open, in different hours. So, the parking's not an issue of stealing one from the other.
Alderman Johnson: But as I understood it the request is not for the area within the realm of the study we are requesting.
Mr. Lotson: It is contained within the study area. When the issue first came up the boundaries that were established or that Mr. Hall suggested several weeks ago at your meeting were the areas between Bee Road to the Truman Parkway both north and south of Victory Drive.
Alderman Thomas: Perhaps this is a question to our attorney. We've heard from them and everything that they're looking to do is allowed with zoning that they currently have. Are we within our legal realm to do that?
Attorney Stillwell: Well, you can allow, it's a conditional use that Council would have to allow. I think Mr. Yellin makes a good point that there are certain allowable uses here that could use an assembly hall, but that's a policy decision for Council to make. You can allow the conditional use or if your desire is to send it to the MPC, you can do that.
Alderman Thomas: Under the parking guidelines that were raised, is there a requirement by them to have a certain level of parking?
Attorney Stillwell: As I understand what the petitioner said they will meet the parking requirements.
Alderman Thomas: So, I guess my question would be and I'm a little confused on this, I know that we want to study this area, but I've felt too that it was the south side of the area, I didn't know that the north side had been taken into the study, the scope of that study. When did that happen?
[Alderman Bell stated that’s a question for Marcus.]
Alderman Thomas: Marcus, I know that in the last meeting or the meeting before the last we talked about studying that area for south of Victory Drive. Did we agree at that time to take in north area?
Mr. Lotson: The northern frontage of Victory Drive was also a part of the study area that was recommended by Council.
Alderman Thomas: Thank you, I needed that for clarity.
Mayor DeLoach: She’s already got it tied into that study. Theoretically it's tied into that study she wants to do from Bee Road down to there because we were trying to get it all done the last time.
Attorney Yellin: Yes sir, I’m trying to get my timing. I think at the time we were approved by the MPC, the MPC already knew about the need for that study and despite that was recommending approval. So, I’m surprised that nobody didn’t tell us at the MPC…
Mayor DeLoach: That's not necessarily true because we tried to pass it without it and we nixed it and then they came up with the idea of the study. It was not MPC coming up with the idea that we need to do it. Once they decided to do that then they incorporated all of that into the study and that's the reason I'm saying its part of a study and if we pass the rezoning or we do something different and we've got a study going on over there that won’t make any sense. Why not finish out the study and then go with whatever the recommendation is, it might be the same thing it doesn't matter to me.
Attorney Yellin: It might be the same thing. I guess first I heard it was going to be three months from now. At the time we were at the MPC, MPC presumably knew that there was a need for a study and even though they knew about that study, they heard our petition, they voted on our petition, they approved this use. In my opinion what I think happened was they knew that we were not rezoning the property, we're asking for use approval, which to me is very different than what's been happening on the south side where every time you look around there's a new petition to rezone the property from residential to commercial. That not what we have here and I think that's why they voted.
Mayor DeLoach: The point of it, I don't necessarily agree with it, but the point is they want to do that study and they asked us. I mean, we tried to get the thing passed the last time and it got turned down and they asked to do a comprehensive study and I held them to three months. I said, we can't wait here all day to get it done. They agreed to have it completed in three months and get it back here and that was part of it. I don't see why we would pass something on top of what we've already said we're going to go forward and do a study on. I don't know about that, it has nothing to do with what it is or who it is, the fact is there’s a study there we are spending money on to do and we've already committed to it and therefore we can't go and pass something to change that in the middle of a study that we're doing. That's my point in all this.
Alderman Foster: What was the MPC staff recommendation?
Attorney Yellin: The staff recommendation was for denial based on the fact that they thought our capacity was based on the square footage of the building, when in fact it was based on the square footage of the capacity was based on the number of parking spaces. Once it was apparent that we had a limit, MPC then approved it nine-two, I'm sorry, it's either 9 or ten to two.
Alderman Foster: The staff approved it?
Attorney Yellin: The staff recommendation was for denial because they thought this is going to be a three or 400 person venue. But when we came in with conditions that said we're limiting it based on our parking…
Mayor DeLoach: Well I think wasn’t it Rob that made that recommendation? Didn't you make it?
City Manager Hernandez: I made the motion Mr. Mayor.
Mayor DeLoach: You made the motion to reduce the number to get it down to that level so that it would pass.
Mr. Lotson: It's correct that the staff recommendation to the Planning Commission was for denial of this special use requests. After all the testimony was heard, the Planning Commission decided to vote in favor of it with the conditions that were being described about the number of people who could attend.
Alderman Foster: Can I follow up with the City Manager, was the reason for that vote to approve by the board including yourself because it met all the current requirements and other than the parking, the staff was okay?
City Manager Hernandez: Yes, we felt once the conditions were placed on the proposed use to limit the number of occupants to match the parking limitations, I made the motion and it successfully passed that we approve the use based on those conditions.
Alderman Foster: To me that's the same as staff, that’s just a little clarification.
Mayor DeLoach: Yeah, my deal, it's tied to a study and it’s in the middle of a study that we’re paying for. It doesn’t make sense to go and pass something that overrides that.
City Manager Hernandez: This staff member was fine with it, which is why I made the motion as a member of the MPC to approve that use with those conditions.
Alderwoman Bell: My only concern I guess at this point is that as I said, I did hear from one very vocal resident. But now that I've heard what Brooks said, although you're not asking Harold for a zoning change, this is a conditional use that has to be approved by Council. So, it's somewhat, you know, outside the realm of the norm. My concern would be if we don't wait until the results of the MPC study, what if this conditional use is not in conformance with the spirit of what comes out of the study?
Attorney Yellin: Ms. Bell because of what we are currently zoned, you're almost asking the MPC staff to come back and tell you the laundry list of every use that can go on our property and that's not going to happen. When the MPC comes back with this report, they're going to tell you that the property is properly zoned, they're going to tell you that it is on the land use plan that’s commercial neighborhood.
Alderwoman Bell: I guess I’m not just speaking to this specific issue as much as I am the comprehensive study of the area that we're expecting from Ms. Wilson and her staff.
Attorney Yellin: Maybe it's my lack of understanding as to what they're doing, but I believe they'll come back. They'll give you the big report, but I don't think they're going to tell you every use that's good and bad on this property. I think they're going to give you the general idea about whether this property is commercial and not residential or not and I suspect there will not be any change to what's there because it sits on Victory Drive. It's on a major arterial road. So, I guess when we were at the MPC, I wish somebody had said you, we're going to hold you off until we do the report or because they voted and voted in favor and City Manager made the motion. I guess in our minds people were comfortable with this site and that because of what we're doing and we're not rezoning were simply getting a particular use approved. So, it's confusing for us because we wish we had known we would have knocked on even more doors. If we had known who made the phone call, we would have called them directly.
Alderwoman Bell: I will share that information with you and you show me that you talked to the neighbors and residents in closest proximity to the establishment. There were out of 40 neighbors, or 40 residents, 30 of them, or 35 you know, we made an agreement with this one, rather than just the kind of general, most of them said welcome to the neighborhood. That would make me feel better. So I…
Attorney Yellin: Ms. Bell that’s why we suggested, we're a public hearing today. We have to come back in two weeks anyway. We'd rather do that and come back in two weeks and talk to everybody that would tell us to talk to than to go back to the MPC and wait for a study that you've said is three months, it could take longer.
Alderwoman Bell: What was the prior use of this building, Dicky?
[Mr. Mopper responded but was not in front of the microphone.]
Attorney Yellin: Smith Air Conditioning it's the property directly across the street from Johnny Harris.
Mr. Mopper: Just because we will reach back out to the neighbors we already have. We're happy to do it again, but you said somebody complained, you said you have people who were complaining. If they're complaining, I think it would be very good if you would let us know who they are so we can meet with them.
[Alderwoman Bell responded she will.]
Mr. Mopper: I appreciate it because for me to spend an enormous amount of time trying to meet with people who are opposed to it and they're not home or they don't respond to the letter I leave on their door, but they call an Alderman to complain, and they won't come to a public meeting, two of which we've had now to say that they have a problem, I just think that we need to figure that out as a City much more so than an applicant.
Alderman Foster: I’d like to suggest we continue this for two weeks and invite all the neighborhood folks who want to speak for and against, it gives them plenty of opportunity because our City staff in my mind has recommended this so I have a little conflict on that too. So, I think they deserve the opportunity to come have their say.
Continued to the meeting of October 11, 2018, upon motion of Alderman Foster, seconded by Alderwoman Shabazz, and unanimously carried.
Alderman Hall: This is a 40 foot by 105 foot vacant residential lot that we needed to complete the configuration of the park for the Edgemere/Sackville Neighborhood at a cost of $18,000.
Approved upon motion of Alderman Hall, seconded by Alderman Foster, and unanimously carried.
RESOLUTION OF ADOPTION
BY THE CITY OF SAVANNAH COUNCIL
WHEREAS, the Wachovia Historical Society wishes to donate money to restore the Moravian Marker in Oglethorpe Square; and
WHEREAS, the Moravian Marker, a bronze dedicatory marker mounted on a granite pedestal, was designed in 1932-1933 and is located on the northeast corner of Oglethorpe Square; and
WHEREAS, the Moravian Marker was presented to the City of Savannah by the Wachovia Historical Society of Winston-Salem, North Carolina and reads “In memory of the Moravian Colonists in Savannah 1735-1740 who maintained a mission to the Indians.”; and
WHEREAS, the Wachovia Historical Society is donating $1,194.00 for the purpose of restoring the Moravian Marker;
NOW, THEREFORE, BE IT RESOLVED that the Savannah City Council does hereby accept the donation of $1,194.00 from the Wachovia Historical Society and thank the organization for its generosity.
ADOPTED and APPROVED: SEPTEMBER 27, 2018 upon motion of Alderwoman Bell, seconded by Alderman Foster, and unanimously carried per the City Manager's recommendation.
RESOLUTION OF ADOPTION
BY THE CITY OF SAVANNAH CITY COUNCIL
WHEREAS, The Home Depot Foundation donated $10,500 to the Mayor and Aldermen for use in conjunction with the Savannah Affordable Housing Fund (SAHF) activities; and
WHEREAS, this donation will be used to purchase materials that the Team Depot associates and volunteers will use to repair the homes and properties for two low-income Savannah veterans; and
WHEREAS, the Team Depot local participants include more than 20 area Home Depot associates and volunteers; and
WHEREAS, the Team Depot is a nationwide, associate-led, volunteer initiative that is part of Home Depot’s annual Celebration of Service program to improve the living conditions of veterans between September 1st and Veterans Day (November 11); and
WHEREAS, the Mayor and Aldermen have determined that there is a need for local investment to address local affordable housing needs and opportunities; and
WHEREAS, the Mayor and Aldermen have encouraged banks, businesses, non-profits and other private entities to invest in the SAHF and its initiatives along with the City of Savannah; and
WHEREAS, the SAHF helps leverage private investment to address local workforce and affordable housing without using the SAHF to pay administrative costs; and
WHEREAS, the City of Savannah Housing & Neighborhood Services Department and the Community Housing Services Agency, Inc. oversee administration of the SAHF.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Aldermen of the City of Savannah do hereby accept a donation of $10,500 from The Home Depot Foundation to be used in conjunction with the SAHF activities for the purchase of materials that Team Depot volunteers will use to improve the homes and properties of two low-income Savannah veteran homeowners.
ADOPTED and APPROVED: SEPTEMBER 27, 2018 upon motion of Alderwoman Bell, seconded by Alderman Johnson, and unanimously carried per the City Manager's recommendation.
A RESOLUTION OF THE MAYOR AND ALDERMEN OF SAVANNAH, GEORGIA UPDATING AND AUTHORIZING 9-1-1 CHARGES ON PREPAID WIRELESS SERVICES; PROVIDING AN EFFECTIVE DATE; REPEALING PRIOR RESOLUTIONS IN CONFLICT; AND FOR OTHER PURPOSES.
WHEREAS, the general law regarding 9-1-1 charges has been substantially modernized and revised by Ga. L. 2018, p. 689, HB 751; and
WHEREAS, many of these revisions include oversight and administration of 9-1-1 matters by the Georgia Emergency Communications Authority and the Department of Revenue; and
WHEREAS, City of Savannah, Georgia desires to update its 9-1-1 prepaid wireless charges in accordance with revisions to state law.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Aldermen of Savannah, GEORGIA as follows:
Section 1. Definitions
Unless specified otherwise in this resolution, all terms shall be defined in the same manner as specified in O.C.G.A. § 46-5-122.
Section 2. 9-1-1 Charges on Monthly Services
(a) Pursuant to O.C.G.A. § 46-5-134.2(b)(1), there is imposed a prepaid wireless 9-1-1 charge and the amount of such 9-1-1 charge shall be $1.50 per retail transaction occurring within the jurisdiction of public safety answering point.
(d) The 9-1-1 charges under this section shall commence January 25, 2019.
Section 3. Collecting and Remitting of 9-1-1 Charges
All such 9-1-1 charges collected by service suppliers shall be remitted to the Georgia Department of Revenue, as the contracted collection partner of the Georgia Emergency Communications Authority, at the times and in the manner provided by O.C.G.A. § 38-3- 185, O.C.G.A. § 38-3-186, and any other Georgia Department of Revenue or Georgia 2 Emergency Communications Authority rule or regulation adopted pursuant to Article 12 of Chapter 13 of Title 38 of the O.C.G.A. and Chapter 13 of Title 50 of the O.C.G.A., the “Georgia Administrative Procedures Act”.
Section 4. Deposit and Use of Proceeds
Pursuant to O.C.G.A. § 46-5-134, all proceeds received by City of Savannah from 9-1-1 charges imposed by this resolution shall be deposited in the Emergency Telephone System Fund maintained by Chatham County; kept separate from general revenue of the county; and used exclusively for the statutorily authorized purposes.
Section 5. Resolution Filing Requirements
The Clerk of the City shall file with the state revenue commissioner a certified copy of this resolution within ten (10) days of the adoption thereof. Any subsequent amendment to this resolution shall likewise be so filed by the clerk within ten (10) days of the adoption thereof.
Section 6. Effective Date and Applicability
This resolution shall become effective on January 25, 2019. Any prior resolution establishing such 9-1-1 charges shall remain in effect until January 25, 2019. On such date, such 9-1-1 charges shall be governed by this resolution.
Section 7. Repealer
All resolutions, or parts of resolutions, in conflict with this resolution are repealed as of January 25, 2019.
ADOPTED and APPROVED: SEPTEMBER 27, 2018 upon motion of Alderwoman Bell, seconded by Alderman Foster, and unanimously carried per the City Manager's recommendation.
A RESOLUTION OF THE MAYOR AND ALDERMEN OF SAVANNAH, GEORGIA UPDATING AND AUTHORIZING 9-1-1 CHARGES ON TELEPHONE SERVICES AND WIRELESS ENHANCED 9-1-1 CHARGES OTHER THAN PREPAID WIRELESS SERVICES; PROVIDING AN EFFECTIVE DATE; REPEALING PRIOR RESOLUTIONS IN CONFLICT; AND FOR OTHER PURPOSES.
WHEREAS, the general law regarding 9-1-1 charges has been substantially modernized and revised by Ga. L. 2018, p. 689, HB 751; and
WHEREAS, many of these revisions include oversight and administration of 9-1-1 matters by the Georgia Emergency Communications Authority and the Department of Revenue; and
WHEREAS, City Of Savannah, Georgia desires to update its 9-1-1 charges in accordance with revisions to state law.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Aldermen of Savannah, GEORGIA as follows:
Section 1. Definitions
Unless specified otherwise in this resolution, all terms shall be defined in the same manner as specified in O.C.G.A. § 46-5-122.
Section 2. 9-1-1 Charges on Monthly Services
(a) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly 9-1-1 charge upon each telephone service, subscribed to by a telephone subscriber, whose exchange access lines are in the areas served or which could be served by the 9-1-1 service. Pursuant to O.C.G.A. § 46-5-134(a)(1)(A), the amount of such 9-1-1 charge shall be $1.50 per month per telephone service provided to the telephone subscriber.
(b) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly wireless enhanced 9- 1-1 charge upon each wireless telecommunications connection, other than a connection for prepaid wireless service, subscribed to by a telephone subscriber whose place of primary use is within the geographic area that is served by City of Savannah, Georgia, or that would be served by City of Savannah, Georgia, for the purpose of such an emergency 9-1-1 system. Pursuant to O,C.G.A. 46-5-134(a)(2)(A), the amount of such enhanced wireless 9-1-1 charge shall be $1.50 per month per wireless telecommunications connection provided to the telephone subscriber. 2
(c) The 9-1-1 charges under this section shall commence January 25, 2019.
Section 3. Collecting and Remitting of 9-1-1 Charges
All such 9-1-1 charges collected by service suppliers shall be remitted to the Georgia Department of Revenue, as the contracted collection partner of the Georgia Emergency Communications Authority, at the times and in the manner provided by O.C.G.A. § 38-3- 185, O.C.G.A. § 38-3-186, and any other Georgia Department of Revenue or Georgia Emergency Communications Authority rule or regulation adopted pursuant to Article 12 of Chapter 13 of Title 38 of the O.C.G.A. and Chapter 13 of Title 50 of the O.C.G.A., the “Georgia Administrative Procedures Act”.
Section 4. Deposit and Use of Proceeds
Pursuant to O.C.G.A. § 46-5-134, all proceeds received by City of Savannah from 9-1-1 charges imposed by this resolution shall be deposited in the Emergency Telephone System Fund maintained by Chatham County; kept separate from general revenue of the county; and used exclusively for the statutorily authorized purposes.
Section 5. Resolution Filing Requirements
The Clerk of the City shall file with the state revenue commissioner a certified copy of this resolution within ten (10) days of the adoption thereof. Any subsequent amendment to this resolution shall likewise be so filed by the clerk within ten (10) days of the adoption thereof.
Section 6. Effective Date and Applicability
This resolution shall become effective on January 25, 2019. Any prior resolution establishing such 9-1-1 charges shall remain in effect until January 25, 2019. On such date, such 9-1-1 charges shall be governed by this resolution.
Section 7. Repealer
All resolutions, or parts of resolutions, in conflict with this resolution are repealed as of January 25, 2019
ADOPTED and APPROVED: SEPTEMBER 27, 2018 upon motion of Alderwoman Bell, seconded by Alderman Foster, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Foster, and unanimously carried.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Ivan Cohen: Good afternoon, Mr. Mayor, City Council, as I’ve seen there have been some changes since I've been here last time and I assure you I can be under three minutes. It's just regarding this item I saw in the paper regarding this property that's next to the Central Precinct that was, you know, once a house, now it's going to be used to house officers. I was concerned about that somewhat because I remember and I wasn't able to find the article, but I did save it when this house was saved and I remember I had the picture in the paper where Alderman Johnson was shown posed in front of it. That structure was somehow going to service that community, either they was to try to have a computer center within that building and perhaps a center there for job information and for health. So, now I see this is going to be used to house police officers. So, I remember a few years ago there was a plan on having officers live within the communities that they service somehow that fell flat because probably there's a turnover, you know, officers get transferred and what have you. I don't know if these officers, they're going to be bachelors, or they’re going to be married or what have you. But I wish that the community could get first dibs on this housing before it gets let out to officers. Also, you hear this thing about the left hand and the right hand. So, the City hires the officers and as Alderman Johnson was quoted in here feeling uncomfortable about the City somehow being a landlord as such. I hope that could get, maybe let over to a third party so you won't have that conflict. So, I'm sure y’all will do something about that and I would hope there will be a marker once this building is rehabbed to attest to the fact that there was a community there that people went to work, raised families, they went to school and what have you because that's at risk of being lost. Thank you.
Alderman Johnson: Mr. Cohen, I was actually, since you mentioned me, I was there. Meldrim Row was a historic, privately owned, housing area on MLK. The fact is it fell into disrepair and we preserved a unit specifically for making sure that we added a testament to the fact that, that community was there, I believe a marker will be added. But you also have to think about what's the highest and best use. We believe that because the precinct will be so state of the art that many of the community needs will be able to be met from within the precinct, which will actually have some community space. In terms of having law enforcement officers in the community I think it's a novel idea that if we're talking about increasing public safety, it’s to encourage police officers to be able to live in the communities in which they work. It’s getting more and more expensive for City employees to live within the City of Savannah and if we're not careful all of our city employees will live in Pooler and I don't think that's what we want. We want our law enforcement officers, we want our police cars to be within the City that I think that's an extra area of viability, visibility, and also create stakeholders now that if I know an officer lives there and if criminals know that an officer lives there that corridor will have less likelihood of loitering and the things we’re used to seeing. So, we're really talking about changing the game on that corridor. But I appreciate your comment.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Alderwoman Shabazz: Items 34 and 35 are talking about the Workforce Innovation and Opportunity Act and I just wanted to just make it known even more and to amplify these areas in which we're talking about with these two items so that our public would have a knowledge of what is happening with these two particular items. The Workforce Innovation and Opportunity Act is talking about a youth program and also dislocated workers program. The WIOA and Adult and Dislocated Workers Program will provide services to eligible adults in 10 counties who are unemployed or underemployed, and to dislocated workers who have lost their jobs due to downsizing and through no fault of their own. That is talking about the adult and dislocated part of this act. Under the youth programs which will provide the following year round youth services to eligible low income youth between the ages of 16 and 24 in the areas of work experience, occupational skill training, leading to industrial realized certifications, GED services, tutorials and supported services. The most amplified information Mr. Mayor and Council that I want our public to know is that with these million dollar grants that we have control of because the City of Savannah is a part of this 10 county region which will be receiving the grants of those funds, is that our WorkSource Coastal Savannah one stop job center is here in our city. It is located at 7216 Skidaway Road, Suite C. I am asking those persons who are eligible, who fall under these categories that I just mentioned, that there is opportunity for you. All you need to do is go over to the City of Savannah one stop job center and it is here. We have that for you, especially under our City of Savannah, strategic plan for economic strength and poverty reduction. So, please go by and visit the one stop job center so it can help you with your life and improve your life status.
Approved upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried per the City Manager’s recommendation.
Approved upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried per the City Manager’s recommendation.
Continued to the meeting of October 11, 2018 upon motion of Alderwoman Shabazz, seconded by Alderwoman Bell, and unanimously carried per the petitioner’s request.
City Manager Hernandez: Mr. Mayor, members of City Council, item number 37 is a motion to approve supplemental budget adjustments to the Capital Improvement Fund as we've been doing throughout the year. We're coming back to you with requests to close out specific capital projects and so forth. As a result we request that you approve the budget amendments so we can close off those accounts and move those funds. With respect to the item that's before you today I do need to note three changes to the document that you have and I'm going to first introduce our new Assistant Budget Officer, Ms. Monisha Johnson, I'm asking her to come to the podium and I'd like for her to identify the three changes that we are making to the document that was initially submitted.
Monisha Johnson, Assistant Budget Officer: Thank you City Manager Hernandez. Good afternoon to the members of City Council and all other participants in today's Council session. Based on feedback from Alderwoman Shabazz regarding proposed projects for District Five, the Office of Management and Budget is proposing the following adjustments to the provided CIP amendment number seven, due to updated cost estimates from the Office of Infrastructure and Development. Additional funding for the Sylvan Terrace Park improvements to be reduced to $50,000. Previously requested funding included costs estimates for recently completed work. Additional funding for the District Five basketball court improvements reduced to $100,000. Based on cost estimates from ongoing projects of this scope in the district, it was determined that the funding request could be reduced by $20,000. Additional funding for Leeds Gate to be increased to $95,000. Alderwoman Shabazz expressed her desire to create a sidewalk from the gazebo and existing component of the project to the curb and add fencing to the site. These adjustments will allow cost savings while still providing quality community service. Thank you for your time.
Alderman Johnson: Mr. City Manager there were other transfers within there as well.
City Manager Hernandez: Sure, you should have as part of your agenda packet an exhibit that lists all of the projects and I would estimate that somewhere around 23 or so budget transfers.
Alderman Johnson: I just wanted to just note that for the record that what Ms. Johnson stipulated was a part of a much bigger packet.
City Manager Hernandez: Right, she highlighted three changes from when the agenda was initially published.
Approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried per the City Manager’s recommendation.
Approved upon motion of Alderman Durrence, seconded by Alderman Miller, and unanimously carried.
Alderwoman Bell spoke about Rose Lee Golden Dempsey’s contributions to the City of Savannah as a former employee and to the Savannah community as a small business owner. Mrs. Dempsey’s daughter, Shavon Dempsey, spoke on behalf of the family thanking the City for the opportunity to share her mother’s legacy.
Mayor DeLoach read the below resolution:
WHEREAS: Rose Lee Golden Dempsey was born to Reverend Greene Golden and Ruth Bailey Golden, the second oldest child of seven born to this union. At an early age, she was baptized by her father at Hagins Methodist Church in Hagins, Georgia; and
WHEREAS: Rose was a graduate of Tompkins High School, class of 1964, and she furthered her education by obtaining a certificate in business from Savannah Vocational Technical School; and
WHEREAS: Rose was employed with the City of Savannah’s Research and Budget Department for many years; and
WHEREAS: Rose and her husband, David Dempsey, became successful entrepreneurs of Tremont Auto Parts and American Clearing, Inc., serving as role models of local small business owners working their way up through perseverance and hard work; and
WHEREAS: Rose was a member of Mt. Zion United Methodist Church, where she served as Administrative Council chairperson, Trustee chairperson and president of the Usher Board; and
WHEREAS: Rose later joined Mt. Tabor Baptist Church and faithfully served in many capacities, including on the Usher Board.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Aldermen of the City of Savannah celebrate the life of Rose Lee Golden Dempsey, and offer our appreciation for her contributions to the City of Savannah and the Savannah community.
BE IT FURTHER RESOLVED that Rose will be sadly missed by all of us who knew her; and that a copy of this resolution will be delivered to her family and made a part of the permanent records of the Savannah City Council meeting minutes of September 27, 2018.
City Attorney Stillwell: I added item 40 which is a settlement of some litigation with Jere Myers. A City of Savannah sanitation vehicle sustained a ruptured line which caused a hydraulic fuel leak to be sprayed into the plaintiff's backyard pool resulting in property damage. The City Attorney's office has settled this lawsuit subject to Council’s approval for a total of $50,000. We recommend approval.
Approved upon motion of Alderman Hall, seconded by Alderman Durrence, and unanimously carried per the City Attorney’s recommendation.
There being no further business, Mayor DeLoach declared this meeting of Council adjourned.
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=lBffjRs1xmvx
