City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA May 3, 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 Reverend Janice Swann-Butts; 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 (Absent - attended a funeral) 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 Sprague and carried: Approval of the Council Minutes of April 19, 2012 Approval of the summary/final minutes of the City Council Work Session/City Manger Briefing of April 19, 2012. PRESENTATION Representatives Vaughnette Goode-Walker and Katherine Albert from the Historic Savannah Foundation announced Savannah’s First Preservation Festival: Preserving a Sense of Place. May is National Historic Preservation Month. Mayor Jackson thanked Ms. Walker for her work. The Tall Ships Challenge Committee was present to announce the schedule of events for the weekend. Joe Marinetti, Mark Daner, and Jack Russell thanked City Manager Rochelle Small-Toney, Savannah’s Police and Fire Chiefs, and Special Projects Director Marty Johnson, for all their assistance in this project. They presented the Mayor with a reproduction “War of 1812 Bicentennial flag” that was flow over Fort McHenry. The Mayor presented the committee with a proclamation. Clinton Murphy, Advocacy Chairman for Relay for Life, and Dale Carson-Bebout, Area Executive Director Southeast Georgia at American Cancer Society, was present to receive a Congratulatory Letter for the Relay for Life Walk scheduled for May 4-5, 2012. This is the 18th year of the project in Savannah. Alderman Osborne read and presented a letter of appreciation to them. Kelly Crosby, President of the Coastal Georgia Chapter of the International Internal Auditor’s Association, Wendy McMillan, Chapter Vice-President, and others were present to receive a letter of congratulations, for Internal Auditors Awareness Month in May; read and presented by Alderman Sprague. LEGISLATIVE REPORTS As advertised, the following alcoholic license petitions were heard. No one appeared in objection to the issuance of the licenses and upon motion of Alderman Johnson; seconded by Alderman Sprague, and carried, they were approved: ALCOHOL BEVERAGES LICENSE HEARING Theodosia Johnson for D & D Convenience Store, requesting a beer and wine (package) license at 1312 Montgomery Street, which is a new location between Anderson and Henry Streets in District 1. (New location; continued from April 5) Recommend approval for the beer and wine (package) license to be issued to the convenience store contingent upon the business owners re-constructing the original wall to create two separate businesses with their own business tax certificates and management staff. D & D Convenience Store will be owned and operated by the alcohol permit applicant, Theodosia Johnson, and the game room will be owned and operated by her husband, Derrick Johnson. If approved, the beer and wine (package) license will be issued after the businesses meet all of their final inspection requirements and are issued a Certificate of Occupancy. Alderman Hall stated the license would be issued after they met all requirements. 1 Kamleshkumar Patel for Vaibhavi, Inc., requesting to transfer a beer and wine (package) license at 241 Drayton Street, which is located between Liberty and Perry Streets in District 1. (New owner/manager) Vivek Patel for Mickey’s Package Shop, requesting to transfer a liquor, beer and wine (package) license at 2714 Montgomery Street, which is located between Victory Drive and 44th Street in District 5. (New owner/manager) Ivan T. Lenoir for Diamond Taps Enterprises, LLC t/a World of Beer, requesting a beer and wine (drink) license at 112 W. Broughton Street, which is a new location between Barnard and Whitaker Streets in District 1. (New owner/location) Recommend approval for a beer and wine (drink) license to be issued after the applicant is issued a Certificate of Occupancy. Alderman Bell recused herself due to a friendship with the applicants. City Manager Toney stated there as an issue with noise. The applicants stated they would work with the City in meeting all the requirements. Upon motion by Alderman Thomas; seconded by Alderman Sprague and carried the license was approved. ZONING HEARINGS Amy Swick Agent for One West Victory, LP, Owner (P-120222-32609-2), requested to amend the General Development Plan approved in conjunction with the rezoning of 1 and 109 W. Victory Drive from I-L (Light Industrial) and R-B (Residential Business) to R-I-P-B (Residential-Medium Density) in 2007 (Z-070220-43024-2). The General Plan’s (P-070215-34479-2) approved uses for the site consist of 105 residential units and 17,000 square feet of commercial space. The petitioner was proposing 121 residential units and 10,341 square feet of commercial space, and requesting a 48% building coverage variance to increase the allowed building coverage from 25% to 73%. The Metropolitan Planning Commission (MPC) recommended approval of the amended General Development Plan including a 48% building coverage variance, subject to approval of the Traffic Impact Analysis Report by the City and MPC and all on-site traffic improvements (if any) as deemed necessary to maintain an acceptable level of service, based upon the findings of the approved Traffic Impact Analysis Report by the City, MPC, and the Georgia Department of Transportation if applicable; and subject also to the Specific Development Plan returning to MPC. Jim Hansen was present to present the MPC’s plan. Alderman Bordeaux asked about the parking. Mr. Hansen stated it was one parking space per unit; regardless of the number of bedrooms; it’s per unit – not per bed. Alderman Osborne stated the contractor had exceeded the requirement for parking. Alderman Shabazz stated she agreed with the City Manager’s recommendations on the zoning of this property, because she has seen the work and the details of the project. The developers are within compliance of the zoning ordinance. She stated she had met with Guerry Lumber Company and listened to their concerns and she believed everything will work out for them. Due to the fact she is an engineer herself she felt comfortable approving the zoning request so that everyone involved could move forward. Alderman Sprague asked if a traffic study had been done. The developer stated the traffic study had to be approved by MPC; also they have to go back through MPC for the development plan in addition to a long list of requirements. Alderman Sprague asked if the City could require a façade that is comparable on the parking garage. Attorney Shearouse stated they could not make it a requirement but they could make it a request. Therefore, Alderman Sprague requested that they deal with the lighting and the issues of the parking garage when MPC reviewed the site plan. Phillip McCorkle, attorney for the developers stated those two requirements were in the ordinance for plan. Alderman Johnson stated if the Council did not approve this plan, the City would be left with what it has; or a lot of other structures could be placed there that would be unfavorable to all. He said the project is positive and no one would be negatively impacted. Alderman Osborne pointed out the property would have a 24-hour resident manager to address any issue that may come up; as well as a very competent police department. Alderman Bordeaux asked if law required them to have a 24-hour property manager. The contractor stated their lender required it and they could not build it without one; it is required for properties of this size. He stated he would like to see all the issues worked out beforehand. Alderman Bell stated she was in favor of the project and was most interested in the beautiful renovated area. She did say she had some concerns but she was trusting those who made the commitments. Alderman Thomas stated he knew that the City staff was looking at the Guerry Lumber Company issue and he did not believe that they should have any more rights than the other land owners in the area. He said he was in favor of the project and he hoped Guerry Lumber could work with the developers. Mayor Jackson stated it had been a dilapidated area in the City of Savannah for a long, long time. Now there is an opportunity for a change. She agreed with Alderman Sprague that the façade on the garage was important. This project would provide housing and jobs for the community. She asked that the developer take all the issues brought up into consideration; especially since Guerry Lumber Company has been in the area for 85-years. Residents Ramsey Khalidi, Kevin Thompson, Shelia Edwards, Clair Mooney, Austin Hill, Beth Vantage, and Cora Beth Thomas all spoke in favor of the project: Virginia Mobley was concerned about the traffic and parking. 2 Alderman Johnson made a motion to close the public hearing; seconded by Alderman Thomas unanimously carried. Upon motion by Alderman Shabazz; seconded by Alderman Hall and carried the request was granted, with Alderman Bordeaux voting no. Alderman Osborne requested MPC notify Council when the site plan came for review. PETITIONS Upon motion by Alderman Johnson; seconded by Alderman Thomas and carried, the following petitions were granted: Sean Dillon of Gonzalez Architects, Representing Fire Restaurant Inc. (Tenant/Business Owner) and Loan Tran (Property Owner) – Petition 120037, requested the City allow an encroachment onto City right-of-way at 13 E. Perry Street in order to extend a knee-wall for an existing ramp. The property is located on E. Perry between Bull and Drayton Streets. The existing encroachment is a ramp with a partial knee-wall which is located at the rear exit of the building and used for handicap access and egress. Currently the knee-wall stops midway through the ramp. The extension of the knee-wall has been requested by the Building Department to prevent anyone from accidentally stepping off the ramp into the lane of traffic. The petition has been reviewed by Water Resources and Public Works, Sanitation, Development Services, and Fire. Additional sidewalk improvements will be required in order to provide a 5’-0” flat landing area at the bottom of the ramp to allow complete handicap accessibility from the lane. The petitioner is currently working with Street Maintenance to come up with an acceptable plan for ADA compliance. A signed letter from the property owner, Loan Tran, states their knowledge of said petition and acceptance of all responsibility and associated liability of the encroachments. All City permitting and construction guidelines must be followed. The design of the extended knee-wall has been approved by the Historic District Board of Review. Approval of Petition 120037 in which Sean Dillon of Gonzalez Architects requests permission to encroach onto City right-of-way at 13 E. Perry Street in order to extend a knee-wall for an existing ramp. Approval is subject to the petitioner providing an acceptable plan to Streets Maintenance for the additional sidewalk improvement for ADA compliance. The petitioner and the property owners alike should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the structure(s) must be removed at petitioner’s or property owner’s expense. Angela Bean of Doug Bean Signs Inc., Representing River Street Liquor (Tenant/Business Owner) – Petition 120078, requested the City allow an encroachment onto City right-of-way at 425 E. River Street for the installation of a hanging sign over the pedestrian sidewalk. The proposed sign is designed to be 24” in height, projecting 4’-9” from the wall, and provides a minimum of 10’-0” vertical clearance. The property owner, 423 East River Street, LLC, has provided a signed letter stating their knowledge and acceptance of liability for said encroachment. The petition was reviewed by Development Services, Streets Maintenance, Traffic Engineering, Sanitation, Stormwater, and Park and Tree with no objections. All City construction guidelines must be followed, and the sign installation must meet all federal, state and local codes. The Historic District Board of Review issued a Certificate of Appropriateness for the sign. Recommend approval of Petition 120078, in which Angela Bean, representing River Street Liquors, requests permission to encroach onto City right-of-way at 425 E. River Street for the installation of a hanging sign over the sidewalk. The petitioner and the property owners alike should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the sign must be removed at petitioner’s or property owner’s expense. Angela Bean of Doug Bean Signs Inc., Representing Sweet Carolina Cupcake (Tenant/Business Owner) – Petition 120081, requested the City to allow an encroachment onto City right-of-way at 38 Whitaker Street for the installation of a hanging sign over the pedestrian sidewalk. The proposed sign is designed to be 45” in height, projecting 68” from the wall, and provides a minimum of 12’-0” vertical clearance. The property owner, Mopper Stapen Inc., has provided a signed letter stating their knowledge and acceptance of liability for said encroachment. The petition was reviewed by Development Services, Streets Maintenance, Traffic Engineering, Sanitation, Stormwater, and Park and Tree with no objections. All City construction guidelines must be followed, and the sign installation must meet all federal, state and local codes. The Historic District Board of Review issued a Certificate of Appropriateness for the sign. Recommend approval of Petition 120081, in which Angela Bean, representing Sweet Carolina Cupcake, requests permission to encroach onto City right-of-way at 38 Whitaker Street for the installation of a hanging sign over the sidewalk. The petitioner and the property owners alike should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the sign must be removed at petitioner’s or property owner’s expense. Angela Bean of Doug Bean Signs Inc., Representing Tiffani Taylor Gallery (Tenant/Business Owner) – Petition 120082, requested the City allow an encroachment onto City right-of-way at 11 Whitaker Street for the installation of a hanging sign over the pedestrian sidewalk. The proposed sign is designed to be 28” in height, projecting 48” from the wall, and provides a minimum of 10’-6” vertical clearance. The property owner, Sunset Investment Partners LP, has provided a signed letter stating their knowledge and acceptance of liability for said encroachment. The petition was reviewed by Development Services, Streets Maintenance, Traffic Engineering, Sanitation, Stormwater, and Park and Tree with no objections. All City construction guidelines must be followed, and the sign installation must meet all federal, state 3 and local codes. The Historic District Board of Review issued a Certificate of Appropriateness for the sign. Recommend approval of Petition 120082, in which Angela Bean, representing Tiffani Taylor Gallery, requests permission to encroach onto City right-of-way at 11 Whitaker Street for the installation of a hanging sign over the sidewalk. The petitioner and the property owners alike should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the sign must be removed at petitioner’s or property owner’s expense. ORDINANCES First Readings Prohibition of Alcoholic Beverages on Commercial Quadricycles. An ordinance to amend the Alcoholic Beverages Ordinance to prohibit alcoholic beverages on commercial quadricycles, establish an effective date, and repeal all ordinances in conflict. Upon motion by Alderman Johnson, seconded by Alderman Sprague and carried the ordinance was tabled. Regulation of Commercial Quadricycles. An ordinance to amend the Motor Vehicle and Traffic Ordinance and the Tour Service for Hire Ordinance to provide a definition for quadricycle, outline required safety features and regulate area and hours of operation. Placed on first reading. ARTICLE F. QUADRICYCLES, BICYCLES, MOPEDS AND SKATEBOARDS Sec 7-1133. – Regulation of Quadricycles a. A “Quadricycle” shall be defined as a non-motorized vehicle propelled entirely by human power through the use of fully operative pedals in a manner similar to a bicycle, and which has at least four (4) load-bearing wheels; a Quadricycle shall be equipped with more than 2 seats for passengers who shall operate the pedals to propel but not steer the vehicle, and a separate seat or bench to be occupied by a driver who shall steer the vehicle and be able to bring the vehicle to a complete stop on level pavement b. Quadricycles operating within City Limits shall be equipped with the following: 1. Hip Restraints as defined by the American National Standards Institute (ANSI)/National Golf Carts Manufactures Association (NGCMA) shall be installed for every seat on the vehicle. Hip restraints shall be worn by all passengers when the vehicle is in operation. This section of the ordinance shall take effect on July 1, 2012. 2. Lighting on the vehicle shall be the following: a. A light on the front which shall emit a white light visible from a distance of 300 feet to the front b. A taillight mounted on the rear, which when lighted as shall emit a red light plainly visible from a distance of 500 feet to the rear. c. A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a taillight. Every brake light shall be plainly visible and understandable from a distance of 300 feet to the rear both during normal sunlight and at nighttime. 3. Rear signage which shall conform with those standards and specifications adopted for slow- moving vehicles by the American Society of Agricultural Engineers in December 1966, and contained within such society's standard ASAE S276.1, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retro reflective red orange paint. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition. 4. A mirror capable of showing the driver a view of the roadway for a distance of 200 feet to the rear of the vehicle; and 5. A Braking system, operable by the driver that is capable of overriding all methods of propulsion and bringing the vehicle to a complete stop. 6. Barrier on both sides of bench seating that restricts sliding beyond seating capacity. c. No person may occupy a quadricycle on a seat equipped with a pedal unless such person is physically able to sit upright in the seat and operate the pedals which power the vehicle d. No person under the age of 16 may occupy a quadricylce unless such person is wearing a properly fastened protective headgear set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation. 4 F. All Quadricycles operating for commercial purposes must maintain the following insurance 1. A policy of comprehensive general liability insurance from an insurance company authorized to do business in the State of Georgia for each qudricycle in use as a transportation vehicle, with minimum general liability coverage of $1,000,000.00. Such insurance shall inure to the benefit of any person who shall be injured or shall sustain damage to property caused by the negligence or misconduct of a commercial quadricycle, its servants or agents. Copies of such insurance policies shall be filed with the City revenue department and shall specifically provide that such policy shall not be cancelled without notice to the City. 2. A separate policy for of comprehensive general liability insurance for each separate quadricycle, except where such company or person actually owns or holds legal title to more than one qudricycle, in which event such company or person may give one policy of comprehensive general liability insurance covering all the qudriycles actually owned. This latter provision, however, shall not apply to any group of person separately owning qudricycles who may be jointly operating or doing business under a licensed qudricycle company name. G. Any commercial qudricycle operating under this article shall hold the City of Savannah, its officers, agents, servants and employees harmless against any and all liability, loss, damages or expense which may accrue to the city by reason of negligence, default or misconduct of the company in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the City of Savannah, its officers, agents, servants or employees liable for damages because of any negligent act or omission or commission by the quadricycle company, its servants, agents, drivers or other employees, during the operation by the company of a quadricycle business or service, either in respect to injury to persons or with respect to damage to property which may be sustained. Sec 7-1134 – Movement of Quadricycles in city limits Quadricycles operated for commercial purposes may only operate in an area encompassing Montgomery Street to the west, Charlton Street to the south, Bull Street to the east and Bryan Street to the north. Private/chartered quadricycle tour routes shall only operate in an area encompassing Montgomery Street to the west, the north side of Gaston Street to the south, Habersham Street to the east and Bryan Street to the north . All quadricycle tours shall be subject to all traffic regulations applicable to motorized tour vehicles; quadricycles operated for personal, non-commercial purposes shall be subject to the same rules of operation as bicycles within the city limits of the City of Savannah. ARTICLE – TOUR SERVICE FOR HIRE Sec. 6-1502. – Definitions. (p) Tour service vehicle. A vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the city when the primary purpose or riding in such vehicle is not transportation but touring and sight-seeing; included motor coaches which are operated as a part of special tours and are not operated as a part of a tour service licensed by the city; excluding horse-drawn carriages, and also excluding limousines (as they are defined by the laws of the state) which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provide, however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the conduct of tours by tour guides. Quadricycles may operate as tour service vehicles, subject to the provisions of Sections 7-1133 and 7-1134 of City of Savannah Code of ordinances and shall only operate between the hours of 10:00 am and 10:30 pm. Second Readings ORDINANCE To Be Entitled. AN ORDINANCE TO AMEND THE ALCOHOLIC BEVERAGES ORDINANCE, CITY OF SAVANNAH CODE, PART 6, CHAPTER 1, ARTICLE H, SECTIONS 6-1203, TO PROVIDE FOR A DEFINITION FOR GROWLERS AND TO REGULATE THEIR SALE BY RETAIL PACKAGE LICENSEES; TO ESTABLISH AN EFFECTIVE DATE AND REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Alderman of the City of Savannah, in regular meeting of Council assembled and pursuant to lawful authority thereof, that: Section 1: The Alcoholic Beverages Ordinance, Sections 6-1203 of the Code of Ordinances, be amended to read as follows: Sec. 6-1203. - Definitions. 5 These words and terms shall have the following meanings when used in this article: (a) City of Savannah; city. The mayor and aldermen of the City of Savannah, a municipal corporation of the State of Georgia; such definition to include all geographical area within the corporate limits of the City of Savannah. (b) City council; council. The mayor and aldermen of the City of Savannah in council assembled, the legislative body of the city. (c) Alcohol; alcoholic beverage. Any beverage which contains alcohol in any quantity or percentage, including but not limited to distilled spirits, liquor, beer and other malt beverages, wine, fortified wine, and any other form of alcoholic beverage as defined by Georgia law. (d) Growler. The term growler shall mean a glass or ceramic bottle or jug not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off- premises consumption. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler and the filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 and they cannot be in the possession or control of retailer selling distilled spirits by the package. (e) Sale by the drink for consumption on the premises. The sale or dispensing of alcoholic beverages by the drink or in broken packages for consumption on the licensed premises. (f) Sale by package. The sale or dispensing of alcoholic beverages in unbroken original containers or growlers for consumption in a location other than the licensed premises. (g) Premises. One physically identifiable place of business consisting of one room or two or more contiguous rooms operating under the same trade name and ownership where alcoholic beverages are sold or otherwise dispensed to the public, such premises to be within the confines of the licensed building structure; provided, however, that any outside patio area on private property or on privately leased public property that is actually and permanently attached to the main building may be considered premises for the purpose of serving alcoholic beverages from a bar or other dispensing facility located within the confines of the building structure. A hotel or inn shall be considered one premises if all alcohol dispensing facilities and rooms within said hotel or inn operate as a part of one business under one ownership and management; provided, however, that any separately owned and operated alcoholic beverage facility or facilities within a hotel or inn shall require an additional license for each such facility. Section 2: This ordinance shall become effective upon passage. Section 3: All ordinances and parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED THIS 5TH DAY OF MAY, 2012 UPON MOTION BY ALDERMAN THOMAS; SECONDED BY ALDERMAN SPRAGUE AND CARRIED. First and Second Readings Ordinance read for the first time in Council May, 5, 2012 upon unanimous consent of Council read a second time in Council May 5, 2102, placed upon its passage, adopted and approved upon motion of Alderman Johnson; seconded by Alderman Sprague and carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 211 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1027 OF SAID CODE TO PROVIDE THAT ONE-WAY TRAFFIC BE ESTABLISHED ON LAUREL STREET BETWEEN ZUBLEY STREET AND ALTON STREET, SOUTHBOUND; 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: That Appendix I, Section 211 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1027 of said Code be amended as follows: DIRECTION OF NAME OF STREET FROM TO TRAFFIC MOVEMENT Laurel Street Zubley Street Alton Street South SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 6 ADOPTED AND APPROVED AND APPROVED THIS 5TH DAY OF MAY, 2012.. ******************************** Ordinance read for the first time in Council May, 5, 2012 upon unanimous consent of Council read a second time in Council May 5, 2102, placed upon its passage, adopted and approved upon motion of Alderman Johnson; seconded by Alderman Thomas and carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 219 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1091 OF SAID CODE TO PROVIDE THAT THE STREET NAMED HEREIN SHALL PROHIBIT STOPPING, STANDING AND PARKING AT ALL TIMES; 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: That Appendix I, Section 219 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1091 of said Code, as amended, shall be amended by adding thereto the following: AMEND SECTION 219 STOPPING, STANDING AND PARKING PROHIBITED AT ALL TIMES TO INCLUDE LAUREL STREET On the east side of Laurel Street from Zubley Street to Alton Street. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVE THIS 5TH DAY OF MAY, 201. Ordinance read for the first time in Council May, 5, 2012 upon unanimous consent of Council read a second time in Council May 5, 2102, placed upon its passage, adopted and approved upon motion of Alderman Thomas; seconded by Alderman Sprague and carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 211 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1027 OF SAID CODE TO PROVIDE THAT ONE-WAY TRAFFIC BE ESTABLISHED ON ALTON STREET BETWEEN LAUREL STREET AND ANN STREET, WESTBOUND; 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: That Appendix I, Section 211 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1027 of said Code be amended as follows: DIRECTION OF NAME OF STREET FROM TO TRAFFIC MOVEMENT Alton Street Laurel Street Ann Street West SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED THIS 5TH DAY OF MAY, 2012 UPON MOTION BY ALDERMAN JOHNSON, SECONDED BY ALDERMAN THOMAS AND CARRIED. ******************************************* Upon motion by Alderman Thomas; seconded by Alderman Sprague and carried the following ordinances are continued until June 28, 2012, at the latest: One Hour Time Zone Request – 0 Block of W. Brady, 0 Block of E. 34th Street, 100 Block of E. 36th Street. An ordinance to authorize one hour time zones on the 0 block of W. Brady, 0 block of E. 34th Street, and 100 block of E. 36th Street. (Continued from March 22, 2012.) Recommend that this 7 ordinance and any new petitions concerning parking in this area not be considered until the Thomas Square Advisory Committee develops and presents a formal recommendation of parking solutions. 90-Minute Time Zone Request – Bull Street Library/Thomas Square Parking Area. An ordinance to authorize 90-minute time zones for all spaces in the Bull Street Library/Thomas Square parking area. The parking lot is fronted by Bull Street, 35th Street, and Drayton Street. (Continued from March 22, 2012.) Recommend that this ordinance and any new petitions concerning parking in this area not be considered until the Thomas Square Advisory Committee develops and presents a formal recommendation of parking solutions. ********************************** International Airport – Airport Rules and Regulations. An ordinance to amend Part 4, Public Services Chapter 7, International Airport Article A through Article H to amend, restate, and republish the Airport Rules and Regulations as approved by the Savannah Airport Commission. Upon motion by Alderman Bell; Seconded b y Alderman Shabazz and carried the ordinance was approved. RESOLUTIONS Otis J. Brock, III. A resolution acknowledging the life and accomplishments of Otis J. Brock, III, Chief Operations Officer of the Savannah-Chatham County Public School System, who passed away on April 24, 2012. Alderman Johnson, close friend of Mr. Brock and his family, read the resolution. Mayor Jackson thanked Clerk of Council and her staff for composing the resolution. A copy will be given to his wife and parents. WHEREAS: Otis J. Brock, III, was a native of Savannah, Georgia growing up in the community of Thunderbolt; attended Savannah-Chatham County Public Schools and was a graduate of Sol C. Johnson High School and enrolled at Hampton University and later Savannah Sate University where he was a member of the men's varsity basketball team and hosted a weekly jazz show on WHCJ 90.3FM. He graduated in 1994 with a B.S. in accounting. He would later take graduate-level courses in the University's Master of Public Administration Program; and WHEREAS: Otis began his career in 1994 as a teller at Bank of America and later served as a budget analyst at Urban Health Center. He joined the budgeting department staff at the Savannah-Chatham County Public Schools in 1998, and was named director of the budgeting department in 2005. He was appointed Chief Operating Officer of the School System in 2006, a position he held until his death, April 24, 2012; and WHEREAS: Otis was a rising star in the Savannah-Chatham County public school system, where he was a key member of Superintendent Thomas Lockamy’s leadership team, and in the community, where he contributed his boundless energy and knowledge toward solving many of its problems; and WHEREAS: Otis worked for the district 14 years and was among the highest-ranking African Americans on the superintendent’s team. As operations chief, part of Brock’s duties included overseeing construction projects funded by the Education Special Purpose Local Option Sales Tax, which in 2006 helped create $276 million in funding for 14 school improvement projects. The 2011 ESPLOST was anticipated to raise $350 million for 18 construction projects, including nine new schools. His personal and professional network stretched across every segment of this community to district officials, co-workers and countless friends in the business, government and nonprofit’s; and WHEREAS: Otis was a committed visionary and a servant / leader who lived a life better than most as demonstrated by his character, likability, trustworthiness, loyalty, and local knowledge. He was also deeply involved in the Savannah Community serving in a number of community organizations throughout his career, including The Savannah State University National Alumni Association, Alpha Phi Alpha Fraternity Inc., the Rotary Club of Savannah, 100 Black Men of Savannah, Georgia Boys and Girls Club of Savannah, Step Up Savannah, Big Brother/Big Sister Inc., United Way of the Coastal Empire, the Savannah Area Chamber of Commerce Board, Tourism Board, Junior League and the Cultural Affairs Commission. He most recently was named board member - elect of the Telfair Museums. He was a 2002 graduate of Leadership Savannah, a 2010 graduate of Leadership Georgia and is a past honoree by the Savannah Business Report and Journal as one of their annual "40 Under 40" Leaders of the Coastal Empire. He was a member of Mt. Zion Missionary Baptist Church; and WHEREAS: Otis was a husband, father, brother, and the son of professional educators: Otis J. Brock, a former Beach High School principal, and Annette K. Brock, a past interim president of Savannah State University. These two fine individuals impressed upon their son the importance of service. Otis had one sister, Donna Brock and was married to Dr. Nailah Brock and they have two daughters, Zoe and Zuri ages 2 and 4 and a third child due in May; and WHEREAS: Otis will be sadly missed by all of us who knew him as his career path took him to the top. He was a phenomenal son, a loving husband and a father who absolutely adored his daughters and with all he accomplished in his professional life, it was the title of “father,” that he treasured most 8 WHEREAS: Otis has worked closely with the Mayor and Aldermen of the City of Savannah, GA since his appointment as Chief Operating Officer in June 2006. He was well-liked and respected by the members of the Savannah City Council and was an ambassador for the City of Savannah; and NOW THEREFORE, BE IT RESOLVED THAT the Mayor and Aldermen of the City of Savannah, celebrate the life and accomplishments of Otis J. Brock, III and we offer our appreciation for his service and the impact his life contributed to the Savannah/Chatham County Community. We further resolved. that a copy of this resolution be delivered to his family and made a part of the permanent records of the Savannah City Council meeting minutes of May 3, 2012. ADOPTED AND APPROVED THIS 5TH DAY OF MAY, 2012 UPON MOTION BY ALDERMAN JOHNSON; SECONDED BY ALDERMAN THOMAS AND CARRIED. MISCELLANEOUS ITEMS Affordable Housing Fund Advisory Committee Appointment. CHSA, Inc. recommends the appointment of Robert Jacobs as the representative from the CHSA board to serve on this newly created advisory committee approved by Council on November 17, 2011. Approved upon motion by Alderman Johnson; seconded by Alderman Thomas and carried. Request to Declare Property Surplus – Martin Luther King, Jr. Boulevard at Hall Street. Staff is requesting that City Council declare surplus the property located at Martin Luther King Jr. Boulevard and Hall Street which was acquired in 2007 as a potential site for a new Cultural Arts Center. The property is vacant land consisting of 0.75 acres, more or less, bounded on the west by Martin Luther King, Jr. Boulevard, on the north by Hall Street, on the east by Montgomery Street, and on the south by Hall Lane. The subject property consists of four parcels identified as PINs 2-0045-28-001, 2-0045-28-002, 2-0045- 28-003, and 2-0045-28-010, commonly known as 701 Montgomery Street, 703 Montgomery Street, 705 Montgomery Street and 0 Martin Luther King Jr. Boulevard, and being Lots Number 79, 80, 81, 82, and 83, Gaston Ward, Savannah, Chatham County, Georgia. The subject property has frontage on both Martin Luther King Jr. Boulevard and Montgomery Street. It is located within the boundaries of the Urban Redevelopment Plan for the Martin Luther King Jr. Boulevard and Montgomery Street Corridor, as well as the Downtown Savannah Master Plan, and lies within the I-16 Strategy Area. The property’s location on a primary access route into Savannah’s Historic District makes its development of critical importance to the future revitalization of the area. Consequently, the City has a vested interest to make sure that the property’s development is consistent with the goals, guidelines and objectives of those initiatives. Montgomery frontage residential units; Workforce/affordable housing or rental; Martin Luther King Jr. Boulevard retail frontage; Community meeting rooms/multi-purpose classrooms; • Plaza commerce complex; Restaurants and retail facilities; Open plaza gathering space; Neighborhood retail complex; Small restaurants and community serving retail units; Professional or community service office space; Business incubator or storefront retail units It is the City’s intent to review proposals, advance the most qualified respondents to the interview stage, select respondent/developer(s) or development team(s) to work with City staff on specific development concepts, and negotiate an agreement based on an accepted proposal. The City will consider submittals for the purchase or long-term lease of the property. Alternative methods of property use or transfer will be considered. The City reserves the right to negotiate with more than one respondent/developer at the same time or to enter into exclusive negotiations. Recommend declaring surplus the property located at 701 Montgomery Street, 703 Montgomery Street, 705 Montgomery Street and 0 Martin Luther King Jr. Boulevard, in order to offer the property for development via a Request for Proposal to include the option of a Public/Private Partnership with the City. The City of Savannah reserves the right to reject any and all proposals and will not be obligated to enter into a contract on the basis of any proposal submitted. Approved upon motion by Alderman Sprague; seconded by Alderman Thomas and carried the proposal was granted. BIDS, CONTRACTS AND AGREEMENTS Upon motion of Alderman Thomas; seconded by Alderman Sprague and carried, the following bids, contracts and agreements were approved: Project Framework Agreements with Georgia Department of Transportation for Project DeRenne. Authorization for the City Manager to sign Project Framework Agreements (PFAs) with the Georgia Department of Transportation (GDOT) for Project DeRenne. The three agreements require the City to pay for GDOT to perform oversight during the project engineering phase of the project. Estimates of the Project Engineering Oversight costs are shown: $54,000 for the Boulevard portion of the project to be constructed from I-516 to White Bluff Road along the Hampstead Avenue alignment; $65,000 for the West DeRenne portion of the project (Montgomery Street to Abercorn Street); and $13,000 for the East DeRenne portion of the project (Abercorn Street to Waters Avenue). The City will receive additional funding for the project from the County after the Project framing Agreements have been executed. The agreements are necessary to secure state and federal funding for the project in addition to the local matching funds. 9 Deptford Tract Environmental Remediation Services (SA 601). Approval to procure services for environmental remediation for the Deptford Tract Landfill from Terracon Consultants, Inc. in the amount of $334,537.40. In November 2011, Council approved an agreement with Greenfield Environmental Savannah Trust, LLC to implement a Corrective Action Plan approved by the Georgia Environmental Protection Division (EPD) for remediation of the Deptford Tract. The plan includes the remediation of the former municipal landfill that was once operated by the City on that site. This contract is for the remediation of the property and includes environmental remediation, installation of engineering controls, sampling and reporting services for the Deptford Tract Landfill remediation project. The City is responsible for 75% of the cost of the remediation services. Proposals for this work were obtained by the Greenfield Environmental Trust. Six proposers were solicited; four responded. Following a request for best and final offers, two of the proposers were determined to be responsive to the full scope of work. The lowest proposer of the two is recommended based on its completeness of the response to all required services and price. Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Deptford Tract Landfill Remediation (Account No. 311-9207-52842- SA601). Ultraviolet Module Assembly – Sole Source Purchase – Event No. 385. Approval to procure a replacement ultraviolet (UV) module assembly from Templeton and Associates(D) in the amount of $30,920.00. The UV modules will be used in the UV system at the Georgetown Water Reclamation Plant. Ultraviolet water disinfection is the use of ultraviolet light in order to inactivate micro-organisms in either drinking water or wastewater. At the Georgetown Treatment Facility, UV disinfection is used in place of chlorine to disinfect or to knock down the population of disease causing organisms. During a maintenance inspection, corrosion was found in a few modules. The replacement of lamps and modules found not working properly is needed to restore the system to full capacity and ensure that permit limits are achieved for the treated water pumped to the Ogeechee River The supplier is the sole distributor for the UV system installed at the Georgetown Treatment Facility and replacement parts can only be purchased only through them. Equipment purchased from the manufacture ensures all pieces will fit together and the equipment will function in the capacity in which it was designed. Funds are available in the 2012 Budget, Water & Sewer Operating Funds/Regional Plants/Other Contractual Services (Account No. 521-2554-51295). Savannah-Chatham Metropolitan Police Department (SCMPD) Headquarters Second Floor Renovations (PB428) – Contract Modification No. 3 – Bid No. 11.159. Approval of Contract Modification No. 3 in the amount of $13,779.90 with Collins Construction Services, Inc. The original contract was for renovations of the second floor of the SCMPD Headquarters building. This modification covers additional work not included in the original scope. Additional work includes: conduit requested by Information Technology for installation of data and phone lines, and repairs to flooring that were found to be damaged once old tile and mastic were removed. Additionally, the floor was stained to have consistent color throughout the offices so that the old and new floor matched. The cumulative total of the contract requires Council approval for this contract modification. Aapproval of Contract Modification No. 3 to Collins Construction Services. Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Public Safety Headquarters (Account No. 311-9207-52842-PB428). Southwest Quad Phase II Off-Site Lift Stations Bid No. 08.235 (SW225) – Contract Modification No. 1. Approval of a Summary Contract Modification No. 1 in the amount of a deduction of $144,202.00 with Ruby-Collins, Inc., which is a cost savings to the City. The project involves the construction of three sanitary sewer pump stations and miscellaneous utility lines in the southwest quadrant of Chatham County to convey wastewater flow from the development to the Crossroads Water Reclamation Plant. The decrease in contract price was the result of field adjustments of quantities based on actual installation. Approval of a Summary Contract Modification No. 1 to Ruby- Collins Inc. in the amount of a deduction of $144,202.00. This project was funded in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Southwest Quad Sanitary Sewer System Phase 2 (Account No. 311- 9207-52842-SW225). Bull Street Fire Station No. 5 Bid No. 11.123 (PB423) – Contract Modification No. 2. Approval of Contract Modification No. 2 in the amount of $3,840.03 with Dabbs-Williams General Contracts, LLC. The project involves the construction of a two-story fire station with off-street parking. The contract modification includes the addition of sloped tracks for the overhead bay doors that were not included in the original scope of work. The cumulative total of the contract requires Council’s approval for this contract modification. Approval of Contract Modification No. 2 to Dabbs-Williams General Contracts LLC. Funds are available in the 2012 Budget, Capital Improvements Fund/Capital Improvements Projects/Other Costs/Bull Street Fire Station (Account No. 311-9207-52842-PB423). Summer Lunch Program – Annual Contract – Event No. 337. Approval to procure catering services for the Summer Lunch Program from The Savannah-Chatham Board of Education in the amount of $3.10 per lunch for a total of $434,031.00. The summer lunch program is administered by the Leisure Services Department and provides children enrolled in the Summer Recreation Program a well balanced lunch during the summer when school is not in session. This year, the program will run from June 18th through August 10th, and it will serve approximately 140,010 lunches. The summer lunch program is fully funded by a grant from the U.S. Department of Agriculture. For this reason, the sole source is applied 10 because federal guidelines mandate that local school nutrition services be utilized to provide this service where feasible. Funds are available in the 2012 Budget, Summer Lunch/Leisure Services Department/Food Catered Meals (Account No. 212-6130-51271). Demolition of Structures - Annual Contract Renewal – Event No. 414. Renewed an annual contract for demolition of structures with an amended annual contract amount from $264,500.00 to $126,894.00 to American Clearing and Hauling (Primary)(A) and A. Fox Construction (Secondary)(A). The amended annual contract amount is approved by Council as specified in the 2012 Budget. This “as needed” contract will be utilized primarily by Property Maintenance to remove unsafe buildings throughout the city. The M/WBE goal for this bid was 54%. The recommended contractors met 100% of the goal self- performing all phases of the work. This is the first of three renewal options available. Funds are available in the 2012 Budget, General Fund/Property Maintenance Enforcement/Housing Demolition (Account No. 511-7110-51297). Security Services for City Hall, Gamble Building, Broughton Municipal Building and Hospitality Center - Annual Contract Renewal – Event No. 406. Renewed an annual contract for security services with Norred & Associates, Inc.(D) in the amount of $295,963.20. The services will be used by Risk Management to provide armed guards for City Hall, Broughton Municipal Building and the Gamble Building, as well as stationary guards at each location. An armed supervisor roams the three main locations and the Hospitality Center. The contract also provides an hourly rate for guard services for the Hospitality Center as needed during events and festivals. This is the second of three renewal options available. Originally, the proposals were received March 10, 2009. The method used for this procurement was the Request for Proposals (RFP), which evaluates criteria in addition to cost. Proposals were evaluated based on qualifications and experience with government facilities, wages and benefits provided to security personnel, references and fees. The recommended proposer, Norred & Associates, pays competitive wages, has good employee benefits and provides an excellent training program. It is important to have highly professional security personnel for the level of security desired by the City. Highe Higher wages and good benefits have resulted in a more stable and qualified staff. Funds are available in the 2012 Budget, General Fund/Risk Administration/Security Guard Services (Account No. 101-1155-51241). False Alarm Billing Collection Services – Annual Contract – Event No. 77. Awarded an annual contract to procure false alarm billing services from PMAM Corporation in the amount of $46,200.00. These services will be utilized by the Revenue Department to reduce the number of false alarms within the city while utilizing the most advanced technology and processes to increase compliance and maximize revenue. PMAM has the technical capabilities to provide the required services and will provide a lockbox and remittance processing system. The method used for this procurement was the Request for Proposal which evaluates other criteria in addition to cost. The criteria used for evaluation were qualifications and experience, technical experience, fees and references. Delivery: As Needed. Terms: Net-30 Days. *Note: Bid price includes a $9,000 annual charge for bank-provided lockbox services. Fees will be netted out of the collection proceed; therefore, no budgetary line item would be given to pay the item. Life and Accidental Death and Dismemberment Insurance Benefits – Annual Contract – Event No. 165. Approval to award an annual contract for basic, dependent and supplemental life and accidental death and dismemberment benefits to the ING Employee Benefits Group in the total annual premium amount of $1,210,458. The contract will provide employees, their dependents and retirees with life and accidental death and dismemberment benefits, as well as supplemental life coverage. The proposal calls for a three year rate guarantee. The RFP method used for this procurement evaluated criteria in addition to cost. The criteria used for this RFP was plan design and management, quality of administration and performance guarantees, experience and references, and premiums. Nine proposals were received. A finalist list was created based upon the quoted premium, resulting in the further evaluation of three carriers: ING, Aetna, and the Hartford. All three are excellent, experienced, financially sound insurance companies with extensive experience with life insurance. The proposals for the three finalists were fully evaluated with ING presenting the best overall offer and rated highest in total score. While Aetna proposed slightly lower premiums, ING has several more liberal benefit provisions, and much stronger performance guarantees. ING has held the City contract for the last five years, providing excellent service and flexibility in claims’ payment, and showing a willingness to provide fair renewal rates. Their current financial offer indicates a similar drive to maintain a long-term relationship with the City given the competitive rates proposed despite their premium shortfall over the life of the last contract. Funds are available in the 2012 Budget, Risk Management Fund/Life Insurance/Purchased Insurance Premiums (Account No. 621-9803-52225). Upon motion by Alderman Johnson; seconded by Alderman Sprague and carried this item is deferred until the May 17, 2012 meeting. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, Clerk of Council 11