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City Council

Regular Meeting

Savannah, GA · April 5, 2012

AgendaMinutes

Minutes

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA April 5, 2012 The regular meeting of Council was held this date at 2:00 P.M. in the Council Chambers of City Hall. The Invocation was given by Pastor Dyanne C. Reese; followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna B. Jackson, Presiding Alderman Van R. Johnson, II Mayor Pro-tem Aldermen Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Aldermen Mary Ellen Sprague, John Hall, Carol Bell, Estella Shabazz and Tom Bordeaux City Manager Rochelle D. Small-Toney City Attorney James B. Blackburn Asst. City Attorneys William W. Shearouse and Lester B. Johnson, III The Minutes of the following meetings were approved upon motion by Alderman Johnson; seconded by Alderman Thomas and carried: Minutes of the City Council meeting of March 22, 2012. Summary/final minutes of the City Council work session/City Manager’s briefing of March 22, 2012. PRESENTATION LaTrelle Porter, Human Resources Analyst, and Heather Hilderbrand, Employment Services Analysis, presented a copy of the recruitment brochure which will be given to participants at the upcoming City of Savannah Career Fair on April 17th from 10:00 am until 2:00 pm, at the Civic Center. Council suggested Human resources have a computer at the Civic Center for applicants to apply on site; also a list of all job vacancies within the City. LEGISLATIVE REPORTS As advertised, the following alcoholic license petitions were heard. No one appeared in objection to the issuance of these licenses and upon motion of Alderman Osborne; seconded by Alderman Thomas, and carried, they were approved: ALCOHOL BEVERAGES LICENSE HEARING Kenneth David Hickmon for Sticky Fingers Restaurants, LLC t/a Sticky Fingers, requesting to transfer a liquor, beer and wine (drink) license with Sunday sales at 7921 Abercorn Street, which is located between White Bluff Road and Fairmont Avenue in District 6. (New manager) Bharti Patel for KKishanvb 1, Inc. t/a Savannah Mall Shell, requesting to transfer a beer (package) license and to add a wine (package) license at 14001 Abercorn Street, which is located between Apache Avenue and Rio Road in District 6. (New owner/manager) Hang Thu Thi Ta for HTA Company, Inc. t/a TA CA Restaurant, requesting to add a liquor (drink) license with Sunday sales to an existing beer and wine (drink) license at 513 E. Oglethorpe Avenue, which is located between Price and Houston Streets in District 1. Theodosia Johnson for D & D Convenience Store, requesting a beer and wine (package) license at 1312 Montgomery Street, which is located between Anderson and Henry Streets in District 1. (New owner/location) Upon motion by Alderman Johnson; seconded by Alderman Thomas and carried, the request was deferred until May 3, 2012. ZONING HEARINGS Harold Yellin, Agent for Martin Marietta Materials, Inc., Owner (Z-120131-61588-2), requesting to rezone 3970 Ogeechee Road from I-H (Heavy Industrial), P-B-G (Planned General Business), and PUD- B-R (Planned Unit Development-Regional Business) to I-H. The Metropolitan Planning Commission (MPC) recommends approval because though the existing and proposed use of the property is permitted within the present zoning classifications, it is wholly appropriate to consolidate zoning into one category. 1 Consolidation to the I-H classification will avoid any future questions as to use and appropriateness of the business on the site. Jim Hansen with MPC was present to give an outline of their recommendations and to answer any questions Council may have had. Upon motion by Alderman Johnson; seconded by Alderman Sprague and carried, the public hearing was closed. Upon motion by Alderman Osborne; seconded by Alderman Hall and carried the request was granted. ORDINANCES First Readings Alcoholic Beverages on Commercial Quadracycles. An ordinance to amend the Alcoholic Beverages Ordinance to prohibit alcoholic beverages on commercial quadracycles, establish an effective date, and repeal all ordinances in conflict. (Continued from March 8, 2012.) Recommend continuing to April 19, 2012. Upon motion by Alderman Osborne; seconded by Alderman Bell and carried, the ordinance was deferred until April 19, 2012. First and Second Readings Ordinance read for the first time in Council April 5, upon unanimous consent of Council read a second time in Council April 5, 2102, placed upon its passage, adopted and approved upon motion of Alderman Thomas; seconded by Alderman Osborne and carried. AN ORDINANCE AN ORDINANCE TO AMEND PART 4, PUBLIC SERVICES, CHAPTER 7, INTERNATIONAL AIRPORT ARTICLE A, GENERAL ADMINISTRATION, SECTION 4-7100 DEFINITIONS TO DEFINE “FOREIGN-TRADE ZONES; TO ADD A NEW ARTICLE H, SECTION 4-7800, FOREIGN- TRADE ZONES TO DEFINE SUCH OPERATIONS AND THE AIRPORT COMMISSION’S POWER AND DUTIES AS SET FORTH IN THE GRANT OF THE ZONE PURSUANT TO GA LAWS 1965, PAGE 40 (O.C.G.A. 52-10-1, 2 & 4). THE FOREIGN-TRADE ZONE ACT OF 1934 (19 U.S.C. 81A, ET SEQ.) AND THE RULES OF THE FOREIGN TRADE ZONES BOARD; TO GRANT SPECIFIC AUTHORITY TO THE COMMISSION TO SPONSOR AND MAKE APPLICATION FOR FOREIGN- TRADE ZONE SITES AND ACTIVITY FOR WHICH THE COMMISSION IS AUTHORIZED BY THE STATE LAW AND FOREIGN-TRADE ZONE REGULATIONS, WITHIN THE STATE OF GEORGIA; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: An ordinance to amend Part 4, Public Services, Chapter 7, International Airport Article A, General Administration, Section 4-7100 Definitions by adding a new definition as follows: “Foreign- Trade Zones shall mean Foreign-Trade Zone 104 as approved April 18, 1984, by the Foreign-Trade Zones Board with the Savannah Airport Commission as grantee together with all adjustments, expansions, sub- zones and the reorganization under Alternative Site Framework as approved by the Board January 12, 2011.” SECTION 2: To add a new Article H, as follows: Section 4-7800 - Purpose: Pursuant to Georgia Laws 1965, Page 40 (O.C.G.A. 52-10-1, 2 & 4), the Foreign-Trade Zone Act of 1934 (19 U.S.C. 81a, et seq.) and the rules of the Foreign-Trade Zones Board, the Savannah Airport Commission as an agency of the City of Savannah and a public corporation as defined by O.C.G.A. 52-10-1 was named as grantee to establish, operate, and maintain a Foreign-Trade Zone within the Savannah Customs Port of Entry and subsequently by orders of the Board, adjustments, expansions and reorganizations have been approved. SECTION 3: Section 4-7801. The Commission as an agency of the City of Savannah, is hereby granted specific authority to sponsor and make application for Foreign-Trade Zones sites and activity for which the Commission is authorized by the state law and Foreign-Trade Zone regulations, within the State of Georgia and to make and publish such zone schedules, rules, regulations, and charges as required by the Foreign-Trade Zone Act (19 U.S.C. 81a-81u) and the regulations of the Foreign-Trade Zones Board. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: April 5, 2012 ***************************************** 2 RESOLUTIONS GEORGIA EXTENDED ASSET POOL (Local Government Investment Pool) RESOLUTION TO AUTHORIZE INVESTMENT WHEREAS, OCGA §§36-83-1 to 36-83-8 authorizes Georgia local governments and other authorized entities to invest funds through the local government investment pool; WHEREAS, the Georgia Extended Asset Pool is a local government investment pool; WHEREAS, from time to time it may be advantageous to the Mayor and Aldermen of the City of Savannah, Tax identification #: 58-6000660 to deposit funds available for investment in the Georgia Extended Asset Pool (hereinafter referred to as GEAP) as it may deem appropriate; WHEREAS, to provide for the safety of such funds deposited in GEAP, investments are restricted to those enumerated by OCGA § 50-5A-7 and Chapter 17 of Title 50 under the direction of the State Depository Board, considering first the probable safety of capital and then the probable income to be derived; WHEREAS, such deposits must first be duly authorized by the governing body of the local government or authorized entity and a certified copy of the resolution authorizing such investment filed with the Treasurer of the Office of the State Treasurer (“OST”); WHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in the local government investment pool; WHEREAS, OCGA §36-83-8 requires a statement of the approximate cash flow requirements of the participating government pertaining to the funds to accompany the authorization to invest such funds at the time such deposits are duly authorized; and, WHEREAS, GEAP is available to local governments and other public entities that have funds available for investment for a period of one (1) year or longer, maintain a minimum balance of $1 million, comply with the minimum transaction size of $25,000, and a one day notice is required for all transactions. Provided, however, that the Treasurer of OST reserves the right to take up to seven business days to process a transaction if making payment with one day notice would adversely affect GEAP. GEAP is managed as a variable net asset value (NAV) fund. As a result, the value of an investment in GEAP will fluctuate over time, and it is possible to lose money by investing in GEAP. Investments in GEAP are not guaranteed or insured by any bank, the FDIC, the State of Georgia, or any other government agency. NOW, THEREFORE BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah that funds of the City of Savannah may be deposited from time to time in the manner prescribed by law and the applicable policies and procedures for GEAP. BE IT FURTHER RESOLVED THAT:Any one of the following individuals shall be authorized to deposit and/or withdraw funds from GEAP on behalf of such government or other authorized entity (if a listed individual is employed by an entity other than the depositor, indicate employer): Richard M. Evans, Chief Financial Officer, (912 651-6440) Email: devans@savannahga.gov David Maxell, Finance Director (912 651-6434) Email: dmaxwell@savannahga.gov Susan Odum, Accountant (912 651-1045) Email: sodum@savannahga.gov 2. All withdrawals from GEAP shall be wired to the following participant’s demand deposit account: Wells Fargo City of Savannah Concentration Account 121000248 2000028649548 Savannah, GA 3. GEAP shall mail the monthly statements of account to: Megan Duffy City of Savannah Director of Internal Audit PO Box 1027 Savannah, GA 31402 4. Changes in the above authorization shall be made by cancellation or replacement resolution delivered to the Office of the State Treasurer. Until such a replacement resolution is received by the Office of the 3 State Treasurer, the above-authorized individuals, local government demand account instructions and statement-mailing address(es) shall remain in full force and effect. 5. The following schedule represents the period in which existing balances are currently expected to remain invested in GEAP: % 1.0 to 1.5 years; 100 % more than 1.5 years but less than 2.0 years; % 2.0 years or longer. 100 % ADOPTED AND APPROVED THIS 5TH DAY OF APRIL, 2012. ********************************** RESOLUTION AUTHORIZING THE PARTIAL SETTLEMENT OF THE CLASS ACTION LAWSUIT AGAINST ONLINE TRAVEL COMPANIES IN CITY OF ROME, ET AL., V. HOTELS.COM, ETA AL. WHEREAS, On November 18, 2005, Plaintiffs City of Rome, Hart County and City of Cartersville, individually and on behalf of a statewide putative class of all cities and counties in the State of Georgia which had enacted hotel excise tax ordinances pursuant to O.C.G.A. § 48-13-50, et seq. (the “Enabling Act”), filed a Complaint captioned City of Rome, et al, v. Hotels.com et al, Civil Action No. 4 05-CV- 249-HLM, Northern District of Georgia, Rome Division (the “Lawsuit”) against the Defendants: and WHEREAS, on June 8, 2006, Plaintiffs filed an Amended Complaint, inter alia, adding additional names representatives, to-wit: City of Hartwell, Georgia; Cobb County, Georgia; City of Cedartown, Georgia; City of Dalton, Georgia; Gwinnett County, Georgia; Fulton County, Georgia; City of Rockmart, Georgia; City of East point, Georgia; City of Warner Robins, Georgia; City of Tybee Island, Georgia; DeKalb County, Georgia; Cit f College Park, Georgia; City of College Park, Georgia; City of Alpharetta, Georgia; City of Macon, Georgia; Augusta-Richmond County, Georgia; Clayton County, Georgia (collectively, including City of Rome, Hart County and City of Cartersville, “Plaintiffs” and together with Defendants, the “Parties”); and WHEREAS, the local governments alleged in the Lawsuit that certain online seller of hotel rooms, such as Htoels.com, Hotwire, Priceline, Orbitz, Travelocity and Expedia (Online Travel Companies “OTCs”) are, and have been, negotiating discount rates with local hotels, and then selling rooms at marked up rates to consumers buy paying excise taxes to local governments based on the discounted rates; and WHEREAS, the Parties in the Lawsuit desire to compromise and settle certain issues and claims relating to the allegations made in the Lawsuit concerning certain prospective injunctive relief and Defendants’ alleged obligations, rights and duties concerning the payment of Hotel Tax to the Class after May 16, 2011 and going forward as set forth herein, while continuing to litigate all issues regarding; (i) Defendants’ alleged obligation to pay Hotel Tax, damages, interests, penalties, and attorney’s fees to the Class for hotel room transactions that were booked through a Defendant for occupancy of hotel rooms within the Class jurisdictions prior to and including May 16, 2011; (ii) whether the Plaintiffs are entitled to additional recoveries based on Breakage as defined below, cancellation fees and extra person fees; and (iii) whether the Plaintiffs are entitled to additional recoveries based on the taxable amount(s) being different than the Room Rate (as defined herein) after May 16, 2011; WHEREAS, the Mayor and Aldermen of the City of Savannah are members of the approved class and believe that the terms of the partial settlement set forth in the attached Class partial Settlement Agreement are fair, reasonable and adequate; and WHEREAS, Defendants have requested several of the large municipalities (including the Mayor and Aldermen of the City of Savannah) and counties that are not named Plaintiffs, but who are members of the approved class, indicate their approval of, and concurrence with, the partial settlement set forth in the attached Class partial Settlement Agreement; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Aldermen of the City of Savannah, agree with and approve the terms of the attached Class Partial Settlement Agreement. ADOPTED AND APPROVED THIS 5th DAY OF APRIL, 2012. 4 MISCELLANEOUS ITEMS Final Plat – Villages of Vallambrosa, Phase 3. Recommend approval of the final plat for Villages of Vallambrosa, Phase 3, a major subdivision of a portion of Lot 3, Subdivision of Parcel 2-A. Valambrosa Plantation, located off of Bradley Boulevard in District 5. Alderman Shabazz questioned the approval process of the plats. Assistant City Manager Peter Shonka stated the Mayor and Aldermen approved plats in lots of 4 or more; less than 4 are approved by the City Manager and that this is a standard proceddure. This is a housing subdivision. Upon motion by Alderman Shabazz; seconded by Alderman Thomas and carried, the plat was approved. Request to Declare Property Surplus -- Waters Avenue at Anderson Street. Staff is requesting that the City declare surplus the property located at 1021-1023 Anderson Street and 1403-1413 Waters Avenue, PINs 2-0055-09-001, - 002, -003, and -014. The subject property is located on the west side of Waters Avenue between Anderson and 31st Streets. The City acquired this property, legally described as Lots 15, 17, 19, 21 and 22, Block 1, Grayson Ward, in March 2010 for future redevelopment as part of the Waters Avenue Corridor Revitalization. At the time of the City’s purchase, the property included two rundown commercial buildings and two vacant lots. Since acquisition, the City has demolished the derelict buildings and would now like to offer the property for sale to the public. The City has received requests from interested parties who would like to acquire the land for commercial development, including a petition which was filed in 2011. The petition was reviewed by all City bureaus and relevant departments, none of which had any objections or potential use for the property. If the property is declared surplus, staff will obtain a commercial appraisal to determine fair market value of the property. The property will then be offered for sale via a Request for Proposal (RFP), with the minimum bid equal to the City’s acquisition cost or 90% of the appraised value. In order to be considered, all proposals must include the following: • Sources of financing for purchase and redevelopment of the property and evidence that such funds are available • Evidence of experience to manage the rehabilitation based on a schedule established by the City • Development plan that supports the mission and goals of the Waters Avenue revitalization project both in terms of use and design o Site plan which addresses zoning issues, storm water retention, parking, and design elements. o Adequate and achievable business plan for commercial development in line with the expressed desires and needs of the community o Realistic timeline for commencement and completion of the project. It is intended that development of these lots will result in the establishment of an anchor project for the revitalization area and serve as a spur to further development. Additionally, through the RFP process, the City will be able to establish development guidelines and design standards for other renovations, rehabilitations and developments in the area. Recommend declaring surplus the property located at 1021-1023 Anderson Street and 1403-1413 Waters Avenue in order to offer the property for sale to the public via a RFP. The City reserves the right to reject any and all proposals and will not be obligated to enter into a purchase contract on the basis of any proposal submitted. In addition, the City will retain the right to reclaim the property for the original purchase price if the terms of the approved proposal are not met or development does not occur within the established timeline. Alderman Osborne stated she appreciated the stipulation in the agreement to avoid property being bought then sitting idle. Alderman Sprague questioned the value of the property by: The property will then be offered for sale via a Request for Proposal (RFP), with the minimum bid equal to the City’s acquisition cost or 90% of the appraised value. She requested the stipulation be put in as to which ever one is the highest. Alderman Bell stated she appreciated the fact that the City could buy the property back if the stipulations are not met. Upon motion by Alderman Osborne as amended; seconded by Alderman Sprague and carried the request was granted and subject to whichever is highest. *************************** Authorization to Provide Legal Counsel to Police Officer. Recommend authorization to provide legal counsel to Officer Jason Carey who is named individually in a lawsuit. Upon motion by Alderman Osborne; seconded by Alderman Bell and carried, the authorization was granted. 5 ************************************** BIDS, CONTRACTS AND AGREEMENTS Upon motion of Alderman Thomas; seconded by Alderman Johnson and carried, the following bids, contracts and agreements were approved: Trenchless Sewer Line Repairs – Annual Contract – Event No. 179. Awarded an annual contract to procure trenchless sewer line repairs from American Infrastructure Technologies as the primary vendor and from Southeast Pipe Survey as the secondary vendor in the amount of $1,787,650.00. The repairs will be used by Sewer Maintenance and Stormwater Management to repair sewer lines using trenchless technology and to perform sewer system cleaning and inspection. The work includes equipment and personnel to perform video recording by closed circuit color televising to inspect the condition of sewer lines and the cleaning and removal of sand, grease, roots and miscellaneous debris from the sewer mains as identified by the Sewer Maintenance Department. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Sewer Line Rehabilitation (Account No. 311-9207-52842-SW720). Traffic Sign Blanks – Annual Contract – Event No. 134. Awarded an annual contract to procure traffic sign blanks from Vulcan Signs in the amount of $55,176.00. The traffic sign blanks will be used by Central Warehouse to replenish its stock. The Traffic Engineering Sign Shop will draw blanks from Central Warehouse stock to assemble traffic signs. Bids were received March 6, 2012. This bid has been advertised, opened and reviewed. Terms: Net-30 Days. Funds are available in the 2012 Budget, Vehicular Purchases/Traffic Engineering Construction Supplies and Materials (Account No. 101-2103-51340). Compact Sedans (Administrative) – One Time Purchase – Event No. 219. Approval to procure fourteen (14) compact sedans for administrative use by Utility Services, I & D Water and Parking Services from Vaden Nissan in the amount of $211,260.00. All vehicles will be used to replace existing vehicles in Utility Services (unit 4105), I & D Water (unit 2808), and Parking Services (units 7131 – 7142) which are no longer economical to repair or operate. Vaden Nissan is exercising its right “to match the bid submitted by the nonlocal bidder” and satisfying all other requirements of the Local and MWBE Vendor Preference as provided in the City of Savannah Ordinance Section 6- 4061.(7) (a). Terms: Net-30 Days. Funds are available in the 2012 Budget, Vehicular Purchases/VehicularEquipment (Account No. 613- 9230-51515). Lawn and Leaf Bags – Annual Contract Renewal – Event No. 262. Renewed an annual contract to procure lawn and leaf bags from Dano Enterprises, Inc. in the amount of 39,650.00. The lawn and leaf bags will be used by various departments for picking up debris throughout the city. This is the first of two renewal options available. Delivery: As Needed. Funds are available in the 2012 Budget, Internal Service Fund/Inventory Central Stores (Account No. 611-0000-11330). Full Size Flatbed Trucks – Event No. 119. Approval to procure two full size flatbed trucks from Bartow Ford in the amount of $94,894.00. One flatbed truck will be used by Fire and Emergency Services to replace unit 2500 which is no longer economical to operate or repair. The other flatbed truck will be used to haul a foam trailer will be purchased with a grant. Terms: Net-30 Days. Funds for the replacement vehicle are available in the 2012 Budget, Vehicular Purchases/Vehicular Equipment (Account No. 613- 9230-51515). Baldwin Park Drainage Improvements (DR602) - Contract Modification No. 1. Approval of Contract Modification No. 1 with Hussey, Gay, Bell and DeYoung in the amount of $49,325.00. The original contract was for consultant engineering services to design drainage improvements to the frequently flooded Baldwin Park area. The project was originally conceptualized as a two phase project but upon review, the nearly completed Phase I design has shown there will be marginal improvements gained. Greater impact will be realized with the two phases combined. The first phase was to design a relief line from Baldwin Park to the 39th Street outfall. The second phase will extend the relief line from Baldwin Park to 40th Street and continue to the outfall in Live Oak Street. Some cost savings will be realized during the construction of this design change as well. Approval of Contract Modification No. 1 to Hussey, Gay Bell and DeYoung in the amount of $49,325.00. Funds are available in the 2012 Budget, Capital Improvement Fund/Capital Improvement Projects/Other Costs/Baldwin Park Drainage Improvements (Account No. 311-9207-52842- DR602). Alderman Shabazz was concerned about the modification and adding money to the contracts. City Manager Toney stated this is a recommendation from staff not the engineers. This is common when staff reviews the project. ************************************************** Alderman Hall: I would like to thank the Mayor and staff for welcoming our DeRenne Middle School students of the AVID program to City Hall on Monday, Tuesday and yesterday. You were so accommodating and hospitable and some students reported that they were even able to sit in our seats here in chambers and imagine what it is like to be a council member. AVID stands for Advancement Via Individual Determination and I would like to salute Ms. Bridgett Gordon, their teacher-coordinator, and Ms. Karyta Byers, our principal, for organizing this important experience for them. 6 He also requested that the Mayor or Council speak to the entire student body before the end of the school term. Alderman Johnson stated he met them on the past Tuesday and they were very well behaved and very well mannered. He was impressed how knowledgeable they were about the government. Alderman Osborne congratulated the Mayor and staff for hosting an impressive welcome to the guest from Israel. The City was praised for the hospitality and the togetherness of the program put together for them. Council General was extremely impressed with his visit to Savannah. Mayor Jackson will make a trip to Israel sponsored by them. Mayor Jackson thanked MaRonde Lotson, Bridget Lidy, the City Manager and Assistant City Managers and their staff, Chief Lovett and his staff, the Jewish Alliance and many City staff members; along with the Chamber of Commerce, the Tourism Area, SCAD, Gulf Stream, SEDA, The Port of Savannah, the residents and businesses all helped to make it a grand affair. The Small Business Conference was held and over 300-people were in attendance; one of the largest ever held. Former Mayors Floyd Adams and Otis Johnson were there. Mayor Johnson was recognized as being a visionary for the project. It was one of the most diverse group of businesses as well and attendees. She thanked City Manager Toney, Assistant City Manager Stephanie Cutter, MaRonde Lotson, Bridget Lidy and various City staff. The City had a wonderful St. Patrick’s Day Festival. Mayor Jackson requested the City staff be recognized at the next meeting. Alderman Bordeaux announced that April 19th is “Holocaust Observance Day.” The names of all of those who lost their lives will be read during the day and the presentations are at 7:00 pm that night. He stated it would be appreciated if Council Members could participate; to which Mayor Jackson and Alderman Johnson stated they participate every year. Mayor Jackson stated this is Holy Week in the City with Easter and the Passover being observed. She extended her best wishes to those celebrating these holy days. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, Clerk of Council 7

Agenda

http://www.savannahga.gov AGENDA MEETING OF THE MAYOR AND ALDERMEN APRIL 5, 2012 1. Approval of the minutes of the City Council meeting of March 22, 2012. 2. Approval of the summary/final minutes of the City Council work session/City Manager’s briefing of March 22, 2012. 2.1. An appearance by LaTrelle Porter, Human Resources Analyst, to present a copy of recruitment brochure which will be given to participants at the upcoming City of Savannah Career Fair on April 17th at the Civic Center. ALCOHOLIC BEVERAGE LICENSE HEARINGS 3. Kenneth David Hickmon for Sticky Fingers Restaurants, LLC t/a Sticky Fingers, requesting to transfer a liquor, beer and wine (drink) license with Sunday sales at 7921 Abercorn Street, which is located between White Bluff Road and Fairmont Avenue in District 6. (New manager) Recommend approval. 4. Theodosia Johnson for D & D Convenience Store, requesting a beer and wine (package) license at 1312 Montgomery Street, which is located between Anderson and Henry Streets in District 1. (New owner/location) Recommend continuing the hearing to May 3, 2012. 5. Bharti Patel for KKishanvb 1, Inc. t/a Savannah Mall Shell, requesting to transfer a beer (package) license and to add a wine (package) license at 14001 Abercorn Street, which is located between Apache Avenue and Rio Road in District 6. (New owner/manager) Recommend approval. 6. Hang Thu Thi Ta for HTA Company, Inc. t/a TA CA Restaurant, requesting to add a liquor (drink) license with Sunday sales to an existing beer and wine (drink) license at 513 E. Oglethorpe Avenue, which is located between Price and Houston Streets in District 1. Recommend approval. -2- ZONING HEARINGS 7. Harold Yellin, Agent for Martin Marietta Materials, Inc., Owner (Z-120131- 61588-2), requesting to rezone 3970 Ogeechee Road from I-H (Heavy Industrial), P-B-G (Planned General Business), and PUD-B-R (Planned Unit Development-Regional Business) to I-H. The Metropolitan Planning Commission (MPC) recommends approval because though the existing and proposed use of the property is permitted within the present zoning classifications, it is wholly appropriate to consolidate zoning into one category. Consolidation to the I-H classification will avoid any future questions as to use and appropriateness of the business on the site. Recommend approval. ORDINANCES First Readings 8. Alcoholic Beverages on Commercial Quadracycles. An ordinance to amend the Alcoholic Beverages Ordinance to prohibit alcoholic beverages on commercial quadracycles, establish an effective date, and repeal all ordinances in conflict. (Continued from March 8, 2012.) Recommend continuing to April 19, 2012. First and Second Readings 8.1. International Airport – Foreign-Trade Zones. An ordinance to amend Part 4, Public Services Chapter 7, International Airport Article A, General Administration, Section 4-7100 Definitions to define “Foreign-Trade Zone”; to add a new Article H, Section 4-7800, Foreign-Trade Zones to define such operations and the Airport Commission’s power and duties as set forth in the grant of the zone pursuant to the GA Laws 1965, Page 40 (O.G.C.A. 52-10-3 & 4), the Foreign-Trade Zone Act of 1934 (19 U.S.C. 81a, et seq.) and the rules of the Foreign Trade Zones Board; to grant specific authority to the Commission to sponsor and make application for Foreign-Trade Zone sites and activity, for which, the Commission is authorized by the state law and Foreign-Trade Zone regulations, within the State of Georgia. Recommend approval. -3- RESOLUTIONS 9. Investment with the State of Georgia Local Government Investment Pool- Georgia Extended Asset Pool. A resolution to authorize the City to establish a new account with the Office of the State Treasurer for investment in the Georgia Extended Asset Pool. The City currently utilizes the State Treasurer’s Local Government Investment Pool - Fund 1 for a portion of its idle cash investment program. The new account authorized by this resolution will allow the use of the Georgia Extended Asset Pool which invests in securities with a longer term that the Fund 1, and therefore has the potential for a higher return on idle cash investments for the City. (The resolution is attached.) Recommend approval. 9.1. Partial Settlement of Class Action Lawsuit Against Online Travel Companies. A resolution authorizing the partial settlement of the class action lawsuit against online travel companies in City of Rome, et al. v. Hotels.com, et al. Recommend approval. MISCELLANEOUS 10. Final Plat – Villages of Vallambrosa, Phase 3. Recommend approval of the final plat for Villages of Vallambrosa, Phase 3, a major subdivision of a portion of Lot 3, Subdivision of Parcel 2-A. Valambrosa Plantation, located off of Bradley Boulevard in District 5. Recommend approval. 11. Request to Declare Property Surplus -- Waters Avenue at Anderson Street. Staff is requesting that the City declare surplus the property located at 1021- 1023 Anderson Street and 1403-1413 Waters Avenue, PINs 2-0055-09-001, - 002, -003, and -014. The subject property is located on the west side of Waters Avenue between Anderson and 31st Streets. The City acquired this property, legally described as Lots 15, 17, 19, 21 and 22, Block 1, Grayson Ward, in March 2010 for future redevelopment as part of the Waters Avenue Corridor Revitalization. At the time of the City’s purchase, the property included two rundown commercial buildings and two vacant lots. Since acquisition, the City has demolished the derelict buildings and would now like to offer the property for sale to the public. The City has received requests from interested parties who would like to acquire the land for commercial development, including a petition which was filed in 2011. The petition was reviewed by all City bureaus and relevant departments, none of which had any objections or potential use for the property. If the property is declared surplus, staff will obtain a commercial appraisal to determine fair market value of the property. The property will then be offered for sale via a Request for Proposal (RFP), with the minimum bid equal to the City’s acquisition cost or 90% of the appraised value. In order to be considered, all proposals must include the following: -4- • Sources of financing for purchase and redevelopment of the property and evidence that such funds are available • Evidence of experience to manage the rehabilitation based on a schedule established by the City • Development plan that supports the mission and goals of the Waters Avenue revitalization project both in terms of use and design o Site plan which addresses zoning issues, storm water retention, parking, and design elements o Adequate and achievable business plan for commercial development in line with the expressed desires and needs of the community o Realistic timeline for commencement and completion of the project. It is intended that development of these lots will result in the establishment of an anchor project for the revitalization area and serve as a spur to further development. Additionally, through the RFP process, the City will be able to establish development guidelines and design standards for other renovations, rehabilitations and developments in the area. Recommend declaring surplus the property located at 1021-1023 Anderson Street and 1403-1413 Waters Avenue in order to offer the property for sale to the public via a RFP. The City reserves the right to reject any and all proposals and will not be obligated to enter into a purchase contract on the basis of any proposal submitted. In addition, the City will retain the right to reclaim the property for the original purchase price if the terms of the approved proposal are not met or development does not occur within the established timeline. (An aerial photo is attached.) Recommend approval. 11.1. Authorization to Provide Legal Counsel to Police Officer. Recommend authorization to provide legal counsel to Officer Jason Carey who is named individually in a lawsuit. Recommend approval. BIDS, CONTRACTS AND AGREEMENTS 12. Trenchless Sewer Line Repairs – Annual Contract – Event No. 179. Recommend awarding an annual contract to procure trenchless sewer line repairs from American Infrastructure Technologies as the primary vendor and from Southeast Pipe Survey as the secondary vendor in the amount of $1,787,650.00. The repairs will be used by Sewer Maintenance and Stormwater Management to repair sewer lines using trenchless technology and to perform sewer system cleaning and inspection. The work includes equipment and personnel to perform video recording by closed circuit color televising to inspect the condition of sewer lines and the cleaning and removal of sand, grease, roots and miscellaneous debris from the sewer mains as identified by the Sewer Maintenance Department. -5- Bids were received February 21, 2012. This bid has been advertised, opened and reviewed. Delivery: As Needed. Terms: Net 30 Days. The bidders were: L.B(D) American Infrastructure Technologies (Primary) $ 1,787,650.00 L.B(D) Southeast Pipe (Secondary)$ 1,886,595.00 (D) Reynolds InLiner $ 1,972,285.82 (D) Don Moorhead Construction $ 2,094,211.00 (D) Classic City Utility $ 2,191,255.00 (D) Insituform Technologies $ 2,295,543.00 (D) CaJenn Construction (Partial Bid) $ 632,800.00 Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Sewer Line Rehabilitation (Account No. 311-9207-52842-SW720). A Pre-Bid Conference was conducted and six vendors attended (D)Indicates non-local non-minority owned business. Recommend approval. 13. Baldwin Park Drainage Improvements (DR602) - Contract Modification No. 1. Recommend approval of Contract Modification No. 1 with Hussey, Gay, Bell and DeYoung in the amount of $49,325.00. The original contract was for consultant engineering services to design drainage improvements to the frequently flooded Baldwin Park area. The project was originally conceptualized as a two phase project but upon review, the nearly completed Phase I design has shown there will be marginal improvements gained. Greater impact will be realized with the two phases combined. The first phase was to design a relief line from Baldwin Park to the 39th Street outfall. The second phase will extend the relief line from Baldwin Park to 40th Street and continue to the outfall in Live Oak Street. Some cost savings will be realized during the construction of this design change as well. Recommend approval of Contract Modification No. 1 to Hussey, Gay Bell and DeYoung in the amount of $49,325.00. Funds are available in the 2012 Budget, Capital Improvement Fund/Capital Improvement Projects/Other Costs/Baldwin Park Drainage Improvements (Account No. 311-9207-52842- DR602). Recommend approval. 14. Traffic Sign Blanks – Annual Contract – Event No. 134. Recommend awarding an annual contract to procure traffic sign blanks from Vulcan Signs in the amount of $55,176.00. The traffic sign blanks will be used by Central Warehouse to replenish its stock. The Traffic Engineering Sign Shop will draw blanks from Central Warehouse stock to assemble traffic signs. Bids were received March 6, 2012. This bid has been advertised, opened and reviewed. Terms: Net-30 Days. The bidders were: -6- L.B.(D) Vulcan Signs $ 55,176.00 (D) McCain Sales of Florida, Inc. $ 55,509.70 (F) Transafe, Inc. (Partial Bid) $ 9,955.00 Funds are available in the 2012 Budget, Vehicular Purchases/Traffic Engineering Construction Supplies and Materials (Account No. 101-2103- 51340). A Pre-Bid Conference was conducted and no vendors attended. (D) Indicates non-local non-minority owned business; (F)Indicates non-local woman owned business. Recommend approval. 15. Compact Sedans (Administrative) – One Time Purchase – Event No. 219. Recommend approval to procure fourteen (14) compact sedans for administrative use by Utility Services, I & D Water and Parking Services from Vaden Nissan in the amount of $211,260.00. All vehicles will be used to replace existing vehicles in Utility Services (unit 4105), I & D Water (unit 2808), and Parking Services (units 7131 – 7142) which are no longer economical to repair or operate. Vaden Nissan is exercising its right “to match the bid submitted by the non- local bidder” and satisfying all other requirements of the Local and MWBE Vendor Preference as provided in the City of Savannah Ordinance Section 6- 4061.(7) (a). Bids were received March 13, 2012. This bid has been advertised, opened and reviewed. Terms: Net-30 Days. The bidders were: L.B.(E) Vaden Nissan $ 211,260.00 (C) Allan Vigil Ford Lincoln, Inc. $ 211,260.00 (D) Stokes-Brown Toyota of Hilton $ 212,114.00 (B) J.C. Lewis Ford $ 216,925.52 (D) O.C. Welch Ford $ 227,220.00 (E) Dan Vaden Chevrolet-Cadillac $ 228,242.00 Funds are available in the 2012 Budget, Vehicular Purchases/Vehicular Equipment (Account No. 613-9230-51515). A Pre-Bid Conference was conducted and no vendors attended. (B)Indicates local non-minority owned business; (C)Indicates non-local minority owned business; (D)Indicates non- local non-minority owned business; (E)Indicates local woman owned business. Recommend approval. 16. Lawn and Leaf Bags – Annual Contract Renewal – Event No. 262. Recommend renewing an annual contract to procure lawn and leaf bags from Dano Enterprises, Inc. in the amount of 39,650.00. The lawn and leaf bags will be used by various departments for picking up debris throughout the city. This is the first of two renewal options available. -7- Bids were originally received February 8, 2011. This bid has been advertised, opened and reviewed. Delivery: As Needed. Terms: Net-30 Days. The bidders were: L.B.(D) Dano Enterprises, Inc. $ 39,650.00 (B) Managed Industries, Inc. $ 55,676.40 (B) Lowe’s Home Center $ 57,200.00 Funds are available in the 2012 Budget, Internal Service Fund/Inventory Central Stores (Account No. 611-0000-11330). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (B)Indicates local non- minority owned business; (D)Indicates non-local non-minority owned business. Recommend approval. 17. Full Size Flatbed Trucks – Event No. 119. Recommend approval to procure two full size flatbed trucks from Bartow Ford in the amount of $94,894.00. One flatbed truck will be used by Fire and Emergency Services to replace unit 2500 which is no longer economical to operate or repair. The other flatbed truck will be used to haul a foam trailer will be purchased with a grant. Bids were received February 7, 2012. This bid has been advertised, opened and reviewed. Terms: Net-30 Days. The bidders were: L.B.(C) Bartow Ford $ 94,894.00 (D) Hardy Chevrolet, Inc. $ 95,170.00 (D) Roberts Truck Center $ 98,500.00 (C) Allan Vigil Ford $ 98,538.00 (B) J.C. Lewis Ford $ 99,006.00 (D) O.C. Welch Ford $ 99,758.00 (D) Wade Ford, Inc. $ 111,392.00 Bartow Ford (non-local minority owned business) is recommended as oppose to J.C. Lewis Ford (local non-minority owned business) due to the following: City of Savannah Ordinance Section 2-4061.(7)(b)(1) - Local and MWBE Preference: “2% or $10,000 whichever is less, or within $500 of the lowest responsive and responsible bidder”. Ordinance Requirement (Calculation): 2% x $94,894.00 = $1,897.88 (local vendor's bid needs to be within this dollar amount of the lowest responsive and responsible bidder to exercise its right to apply this Ordinance.) -8- Bidder’s Actual Difference (Calculation): Bid Price Bartow Ford (non-local non-minority owned business) $94,894.00 J.C. Lewis Ford (local non-minority owned business) $99,006.00 Actual Difference $ 4,112.00 Comparison of Ordinance Requirements and Bidder’s Actual Difference: Actual Difference $4,112.00 Ordinance Required Difference $1,897.88 Ordinance Requirement Not Met $2,214.12 (Exceeded) Analysis: In accordance with the City of Savannah Ordinance Section 2-4061.(7)(b)(1), the local bidder is not “within $500.00 of the lowest responsive and responsible bidder”. Thus, this requirement was not met. In accordance with the City of Savannah Ordinance, 2% is less than $10,000.00. Thus, the local bidder is only able to exercise its right when the Ordinance Requirement (Calculation) as previously provided is met, which in this case is a difference of $1,897.88 or less. J.C. Lewis Ford’s (local non-minority owned business) bid exceeded the City of Savannah Ordinance requirement for exercising its right. Therefore, the Local Vendor Preference is not applied to this purchase. Funds for the replacement vehicle are available in the 2012 Budget, Vehicular Purchases/Vehicular Equipment (Account No. 613-9230-51515). Funds for the fleet addition are available in the 2012 Budget, Fire Grants (212-3117- 51730-GT0147). A Pre-Bid Conference was conducted and no vendor attended. (B)Indicates local non-minority owned business; (C)Indicates non- local minority owned business; (D)Indicates non-local non-minority owned business. (Deferred from March 22, 2012) Recommend approval. -9- City of Savannah Summary of Solicitations and Responses For April 5, 2012 Agenda Local MWBE Received Estimated Estimated Low Bid Bid Annual Vendor Vendor Total Sent to Total From Award MWBE Vendor MWBE Vendor Number Contract Description Available Available Sent MWBE Received MWBE Value Value Type Sub Type Event No.179 X Trenchless Yes Yes 55 16 7 0 $1,787,650.00 0 D 0 0 Sewer Line Repair Event No.134 Traffic Sign Yes Yes 53 7 3 0 $ 55,176.00 0 D 0 0 Blanks Event No.219 Compact Yes Yes 34 3 6 3 $ 211,260.00 $211,260.00 E 0 0 Sedans (Administrative) Event No.262 X Lawn and Yes Yes 22 3 3 0 $ 39,650.00 0 D 0 0 Leaf Bags Event No.119 Full Size Yes Yes 26 3 5 1 $ 94,894.00 $ 94,894.00 C 0 0 Flatbed Trucks Vendor(s)* A. Local Minority Owned Business B. Local Non-Minority Owned Business C. Non-Local Minority Owned Business D. Non-Local Non-Minority Owned Business E. Woman Owned Business F. Non-Local Woman Owned Business - 10 - GEORGIA EXTENDED ASSET POOL (Local Government Investment Pool) RESOLUTION TO AUTHORIZE INVESTMENT WHEREAS, OCGA §§36-83-1 to 36-83-8 authorizes Georgia local governments and other authorized entities to invest funds through the local government investment pool; WHEREAS, the Georgia Extended Asset Pool is a local government investment pool; WHEREAS, from time to time it may be advantageous to the Mayor and Aldermen of the City of Savannah, Tax identification #: 58-6000660 to deposit funds available for investment in the Georgia Extended Asset Pool (hereinafter referred to as GEAP) as it may deem appropriate; WHEREAS, to provide for the safety of such funds deposited in GEAP, investments are restricted to those enumerated by OCGA § 50-5A-7 and Chapter 17 of Title 50 under the direction of the State Depository Board, considering first the probable safety of capital and then the probable income to be derived; WHEREAS, such deposits must first be duly authorized by the governing body of the local government or authorized entity and a certified copy of the resolution authorizing such investment filed with the Treasurer of the Office of the State Treasurer (“OST”); WHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in the local government investment pool; WHEREAS, OCGA §36-83-8 requires a statement of the approximate cash flow requirements of the participating government pertaining to the funds to accompany the authorization to invest such funds at the time such deposits are duly authorized; and, WHEREAS, GEAP is available to local governments and other public entities that have funds available for investment for a period of one (1) year or longer, maintain a minimum balance of $1 million, comply with the minimum transaction size of $25,000, and a one day notice is required for all transactions. Provided, however, that the Treasurer of OST reserves the right to take up to seven business days to process a transaction if making payment with one day notice would adversely affect GEAP. GEAP is managed as a variable net asset value (NAV) fund. As a result, the value of an investment in GEAP will fluctuate over time, and it is possible to lose money by investing in GEAP. Investments in GEAP are not guaranteed or insured by any bank, the FDIC, the State of Georgia, or any other government agency. NOW, THEREFORE BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah that funds of the City of Savannah may be deposited from time to time in the manner prescribed by law and the applicable policies and procedures for GEAP. - 11 - BE IT FURTHER RESOLVED THAT: 1. Any one of the following individuals shall be authorized to deposit and/or withdraw funds from GEAP on behalf of such government or other authorized entity (if a listed individual is employed by an entity other than the depositor, indicate employer): Richard M. Evans, Chief Financial Officer , (912 651-6440) Email: devans@savannahga.gov David Maxell, Finance Director (912 651-6434) Email: dmaxwell@savannahga.gov Susan Odum, Accountant (912 651-1045) Email: sodum@savannahga.gov 2. All withdrawals from GEAP shall be wired to the following participant’s demand deposit account: Wells Fargo City of Savannah Concentration Account 121000248 2000028649548 Savannah, GA 3. GEAP shall mail the monthly statements of account to: Megan Duffy City of Savannah Director of Internal Audit PO Box 1027 Savannah, GA 31402 4. Changes in the above authorization shall be made by cancellation or replacement resolution delivered to the Office of the State Treasurer. Until such a replacement resolution is received by the Office of the State Treasurer, the above-authorized individuals, local government demand account instructions and statement-mailing address(es) shall remain in full force and effect. 5. The following schedule represents the period in which existing balances are currently expected to remain invested in GEAP: % 1.0 to 1.5 years; 100 % more than 1.5 years but less than 2.0 years; % 2.0 years or longer. 100 % - 12 -

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