City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA July 26, 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 Bill Fowler from Community Bible Church, followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna Jackson, Presiding Van R. Johnson, II, Mayor ProTem Aldermen Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Alderman John Hall, Carol Bell, Estella Shabazz and Tom Bordeaux City Manager Rochelle D. Small-Toney City Attorney James B. Blackburn, Sr. Assistant City Attorneys William W. Shearouse and Lester B. Johnson ABSENT: Aldermen Mary Ellen Sprague The Minutes of the following meetings were approved upon motion by Alderman Osborne, seconded by Alderman Thomas and unanimously carried: Approval of the Council Minutes of July 12, 2012 Approval of the summary/final minutes of the City Council Work Session/City Manger’s Briefing of July 12, 2012. Alderman Johnson stated there was an Executive Session held earlier this date to discuss litigation, where no votes were taken. Upon motion by Alderman Johnson; seconded by Alderman Osborne and carried, with Aldermen Johnson, Thomas, Osborne, Bell, Hall, Shabazz, Bordeaux, and Mayor Jackson voting in favor, approval was given for the Mayor to sign an affidavit and resolution. (SEE RESOLUTIONS). Alderman Thomas asked everyone to keep in mind the people in Aura, Colorado who suffered a terrible tragedy at the hands of a madman. He and Alderman Johnson were in Nashville, Tenn. when their colleague was called back to his hometown of Aura to deal with the tragedy. It was a horrible thing to think something like this could happen at the movies and here in America. He asked that they be recognized in a moment of silence. Mayor Jackson stated everyone has colleagues across the nation and when something like this happens it is important to embrace the neighborhoods and community and express condolences. PRESENTATIONS Alderman Johnson stated the candidates for the Chatham County Youth Council were present observing the Council meeting. The have spent their summer learning about the community and government. Also present was Eric Brantley, the current Chairman of the Youth Council and a recent graduate of Jenkins High School and Lamar Ballard of Islands Elementary. Cathy Adler, President of the Board of Trustees of Ships of the Sea Maritime Museum and Michelle Riley, Community Development and Events Coordinator, announced the opening of the new North Garden. She thanked Council for allowing them to announce the opening of North Garden. With this expansion the Ships of the Sea covers an entire City block in Savannah’s Historic District. The North Garden is open free to the public seven days a week; Wi-Fi is provided in the garden. She thanked Mayor Jackson for agreeing to speak at the opening and dedication. Mayor Jackson stated the location was once a school for African Americans – West Broad Street School. It was given to the public education system by the Scarborough family. Ms. Adler stated they had done an exhibit on the West Broad Street School that will be moved to the King Tisdale Cottage. Alderman Thomas thanked Ms. Adler and all the work they do at Ships of the Sea. They preserve the history of ships that have come to Savannah as well as the original cruise ships that crossed the Atlantic Ocean. He said they should keep that in mind as they are a port city and they have carried that tradition for over 200-years. Alderman Osborne stated she attended West Broad Street School from 1st to 3rd grades and received a wonderful basic education there. All the amenities that students receive in school now were not available then. Ms. Adler invited Alderman Osborne to talk with the curator and give some history of the school. Barbara Essig, Executive Director of The First Tee Savannah, and Ryan Su, a rising junior at Calvary Day School who represented Savannah in the Nature Valley First Tee Open at Pebble Beach were present to 1 explain what First Tee means to Savannah. Mr. Sue stated the entire experience was incredible. The weather was 65 degrees all week and the course was amazing. He did not make the cut, but the participants played in the Nine-Core Value Cup and he won that. Natalie Wright, an uprising student at Oglethorpe School and a participant in the First Tee, stated the core value that she practices the most was perseverance; keep trying when everything seems hard. Brody Sessions, a student at Savannah Christian School has been in the First Tee program for 4 years. His favorite and most important core value was respect. Ms. Essig stated First Tee teaches young people life skills and character education through the game of golf; they also teach healthy habits. They are serving 4,000 young people in six different programs. They also serve the military families. First Tee of Savannah has been in existence for eight years and this is the first year they received funding from the City. Mr. Sessions presented the Mayor with a putter because it is the most important part of the game and it’s easier to make a putter-swing in the office than a full-swing. Mayor Jackson thanked him and told him she had recently lost a friend who retired and started playing golf. Hopefully the new putter would be an incentive for her to hit the golf course. She stated she hoped the corporate community would get involved in helping with the program. Jim Hansen with the Metropolitan Planning Commission (MPC) announced his retirement the following day, July 27, 2012. Mr. Hansen stated for the past six and half years it was his pleasure and honor to represent the MPC before the City Council and the Chatham County Commission. He then introduced his replacement Marcus Lotson, Development Services Planner with the MPC for over 4 years. Mayor Jackson stated he had been a joy to work with and he allowed Marcus to shadow him and train him and move him forward as his replacement; this spoke volumes of him. Alderman Thomas stated Mr. Hansen did not always have an easy job as the messenger but the Council did wish him a happy retirement. Alderman Johnson wished him well and stated he had always been a gentleman, he never changed his facial expressions and thanked him for being professional and not ever taking the issues personally. Mr. Lotson thanked Mr. Hansen and stated he looked forward to working with the City Manager and Clerk of Council’s Office. ******************************************************* LEGISLATIVE REPORTS ALCOHOL BEVERAGES LICENSE HEARING As advertised, the following alcoholic license petitions were heard. No one appeared in objection to the issuance of the licenses and they were approved upon motion of Alderman Thomas; seconded by Alderman Osborne and unanimously carried: Arvindbhai H. Patel for Lucky’s Convenience Mart, requested to add a wine (package) license to a beer (package) license at 10004 Abercorn Street, which is located between Television Circle and Montgomery Cross Road in District 5. (Adding wine to beer) Bhavini Patel for Shop & Go 2 of Ga, LLC, requested to transfer a beer and wine (package) license from Lokesh Patel at 11204 White Bluff Road, which is located between Bliss and Rendant Avenues in District 4. (New ownership/management) Jitan Patel for JR Oil, Inc t/a 3G Gas Goods Grub, requested to transfer a beer and wine (package) license from Hemlata R. Patel at 703 Wheaton Street, which is located between Dundee and East Broad Streets in District 2. (New ownership/management) Joseph A. Ruiz for Long Branch, requested to transfer a liquor, beer and wine (drink) license from Cathy Branch at 2411 Skidaway Road, which is located between 39th and 40th Street in District 3. (New ownership/management) Kristin Eve Russell for The Sentient Bean, LLC t/a The Sentient Bean, requesting a beer and wine (drink) license with Sunday sales at 13 E. Park Avenue, which is a new location between Bull and Drayton Streets in District 1. (New location) Thomas E. Dennard, III for Savannah Bee Company, Inc. t/a Savannah Bee Company requested a wine (package with tasting) license at 104 W. Broughton Street, which is a new location between Whitaker and Barnard Streets in District 1. (New location) City Manager Toney asked to continue this item due questions brought up about how the program was administered and about the revenue ordinance. Upon motion of Alderman Johnson; seconded by Alderman Osborne and unanimously carried, the hearing would be continued until August 9, 2012. ORDINANCES FIRST AND SECOND READING 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 June 28, 2012.) The Thomas Square Project Advisory Committee (PAC) has been working for the last several months to develop a comprehensive parking plan for the area. The members have volunteered their time to work with City staff and have diligently reviewed all of the variables contributing to the parking issues. The PAC plans to hold a public 2 meeting on August 6, 2012 to unveil their recommended plan to the broader Thomas Square community. So that ample time is given for the PAC to host the public meeting and to make any changes in their proposal, City Manager Toney recommended a continuance until the September 6, 2012 Council meeting because the community is having a meeting on August 6, 2012. Upon motion by Alderman Johnson, seconded by Alderman Thomas and unanimously carried, the ordinance would be continued until September 6, 2012. 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 June 28, 2012.) City Manager recommended a continuance to September 6, 2012. Upon motion by Alderman Johnson, seconded by Alderman Osborne and unanimously carried, the ordinance would be continued until September 6, 2012. ************************** Ordinance read for the first time in Council July 26, 2012; then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon motion by Alderman Shabazz; seconded by Alderman Bell and carried with Aldermen Johnson, Bell, Osborne, Hall, Shabazz, Bordeaux and Mayor Jackson voting in favor, and Alderman Thomas opposed AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND SECTION 8-3133 (c) PERTAINING TO LIMITATIONS ON THE USE OF LAND OR BUILDINGS BY NONCONFORMING USES; TO REPEAL ALL OTHER 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 Section 8-3133 (c) of the Code of the City of Savannah, Georgia (2003), hereinafter referenced as "Code", be amended as follows: When a building was designed and constructed to house a nonconforming use, then there shall be no time limit for reoccupying such building with a nonconforming use. However, when such building was last occupied by a nonconforming conforming use, it may be occupied by a nonconforming use only with the approval of the board of appeals. SECTION 2: That the requirement of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED THIS 26TH DAY OF JULY, 2012. *********************************** Ordinance read for the first time in Council July 26, 2012; then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon motion by motion by Alderman Hall; seconded by Alderman Johnson and unanimously carried. AN ORDINANCE To Be Entitled AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM ITS PRESENT P-D-N ZONING CLASSIFICATION TO A B-N ZONING CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: The following described property be rezoned from its present P-D-N zoning classification to a B-N zoning classification: LEGAL DESCRIPTION: Commencing at point [ X: 982131.657 Y: 727692.946 ] located at the approximate intersections of the centerlines of the East Montgomery Cross Road and Hodgson Memorial Drive and proceeding in a Southeasterly direction S 73-50-23 E, along the centerline East Montgomery Cross Road for approximately 493 ft to a point [ X: 982605.896 Y: 727555.522], said point being, THE POINT OF BEGINNING thence proceeding in a direction: S 77-9-22 E, for an approximate distance of: 158.871 to a point, thence proceeding in a direction: S 16-5-25 W, for an approximate distance of: 503.038 to a point, thence proceeding in a direction: N 74-54-38 W, for an approximate distance of: 75.866 to a point, thence proceeding in a direction: N 74-53-42 W, for an approximate distance of: 58.522 to a point, thence proceeding in a direction: N 66-13-39 W, for an approximate distance of: 22.947 to a 3 point, thence proceeding in a direction: N 15-54-55 E, for an approximate distance of: 493.307 to a point, [ X: 982605.896, Y: 727555.522], said point being, THE POINT OF BEGINNING. Pin Number: 2- 0530-09-008 and 2-0530-09-009 SECTION 2: That the requirement of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED THIS 26TH DAY OF JULY, 2012. **************************************************** RESOLUTIONS A RESOLUTION OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH AUTHORIZING THE MAYOR TO SIGN AFFIDAVIT OF EXECUTIVE SESSION BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah as follows: At the meeting held on the 26th day of July, the Council entered into a closed session for purpose of discussing litigation. At the close of the discussions upon this subject, the Council reentered into open session and herewith takes the following action in open session: 1. The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified; 2. Each member of this body did hereby confirm that to the best of his or her knowledge, the subject matter of the closed session was devoted to matters within the specific relevant exception(s) as set forth above; 3. The presiding officer is hereby authorized and directed to execute an affidavit, with full support of the Council in order to comply with O.C.G.A. §50-14-4(b); 17 4. The affidavit shall be included and filed with the official minutes of the meeting and shall be in a form as required by the statute. ADOPTED AND APPROVED THIS 26th DAY OF JULY, 2012 UPON MOTION BY ALDERMAN JOHNSON, SECONDED BY ALDERMAN OSBORNE AND UNANIMOUSLY CARRIED. ****************************** A RESOLUTION RESOLUTION OF SUPPORT Reclaiming Old West Broad Street: I-16 Exit Ramp Removal Project A RESOLUTION IN SUPPORT OF RECLAIMING OLD WEST BROAD STREET: I-16 EXIT RAMP REMOVAL PROJECT. WHEREAS, the I-16 exit ramps at MLK and Montgomery Street create a physical, social, economic, and psychological barrier to the area; and WHEREAS, removing the flyover has been recommended in multiple planning documents for the area dating back to 1998; and WHEREAS, extensive public involvement and participation guided the development of the Civic Master Plan and Economic Strategy; and WHEREAS, removing the flyover will restore 8.2 acres of developable land to the City, reestablish 350 linear feet of blockface to Montgomery Street, and 650 linear feet of blockface to MLK Jr. Blvd.; and WHEREAS, a new pedestrian and bicycle-friendly street network and new public square would be created in the area; and WHEREAS, the economic strategy includes establishing a mixed-use, mixed-income neighborhood on the newly reclaimed land, with more commercial along MLK and around the square and more residential further west; and WHEREAS, the transportation analysis indicates that traffic flow will continue to function safely and effectively; and WHEREAS, current cost estimates indicate the project will cost $38 million and multiple funding sources are being pursued simultaneously; and WHEREAS, the MLK Jr. Blvd. will no longer be the “edge” of downtown but incorporated into the heart of the City; and 4 WHEREAS, Gwinnett Street and restored Roberts Street will become the gateway entrance into downtown; and WHEREAS, the Metropolitan Planning Commission, in partnership with the City of Savannah, is ready to move forward into the next phase of the project which will include developing the technical documents (including the Interchange Modification Report and preliminary engineering drawings) required for Georgia Department of Transportation and Federal Highway Administration approval; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Aldermen of the City of Savannah declare their full support for the Reclaiming Old West Broad Street: I-16 Exit Ramp Removal project. Adopted and approved this 26th day of July, 2012 upon motion by Alderman Johnson, seconded by Alderman Thomas and unanimously carried. Alderman Osborne stated this resolution was in support of the removal, but it does not go into detail what will happen with the redevelopment of the property once the ramp is removed. MISCELLANEOUS Appointments to Keep Savannah Beautiful. Upon motion of Alderman Bell, seconded by Alderman Johnson and unanimously carried, the following citizens were appointed to the Keep Savannah Beautiful Committee: Freddie Patrick, Ted Annis, and Kim Manigault. Mayor Jackson stated there were additional openings for this committee and encouraged the public to apply and get involved. Alderman Osborne thanked Alderman Bell for her efforts to get positions filled on this committee. Approval of a Community Garden Policy for the City of Savannah. City Manager Toney stated this policy lays out how to encourage the use of vacant properties throughout the City for community gardens. There are approximately 1,300 properties and one-fourth of these are FEMA lots. The policy lays out the procedures of a neighborhood or community group to go in and request the use of the City’s vacant properties. The City is in support of it because it goes with many health initiatives, encourages community pride, and would be administered by the Community Planning and Development Department. Upon motion of Alderman Thomas, seconded by Alderman Shabazz and unanimously carried, the policy was approved. Alderman Bell asked that the policy be posted on the City’s webpage, and Alderman Thomas commended the City Manager and staff for their diligence in this project. The City had been stuck with the FEMA lots and this policy will take the blighted lots, turn them into something productive for the community, and will foster community involvement. Alderman Hall suggested the lots be monitored to avoid additional blight, but City Manager Toney stated the policy did indeed provide for monitoring and governance of the lots. Alderman Shabazz thanked the City Manger and staff for their efforts in the project and for the details of the properties per district. Community Garden - Policy and User Agreement PURPOSE The City of Savannah recognizes community gardens as valuable recreational and educational activities that can contribute to community development, environmental awareness, positive social interaction and community education. The City will collaborate with interested groups in assisting with the development of community gardens on City-owned property. DEFINITIONS: A “Community Garden” is defined as a single piece of land gardened collectively by way of designated plots. Each plot is cared for by an individual or shared by a group of people; to grow vegetables, fruits, and flowers for personal use and/or for donation. A “Qualifying Entity” is defined as a neighborhood resident, a public or private group of individuals or a nonprofit organization. Suitable Lots” are defined as City-owned property that are surplus to the current needs of the City and are found to be environmentally safe, clear of debris and hazardous materials, within an appropriate zoning area, and found to be appropriate for the surrounding neighborhood. “Farmer of Record” is defined as the primary contact for an individual plot. A “FEMA Lot” is defined as a property that was purchased by the City of Savannah, as part of a flood mitigation grant program administered by the Federal Emergency Management Agency (FEMA). ORGANIZATION RESPONSIBILITIES: An approved Community Garden must be administered by a Qualified Entity represented by a Farmer of Record who shall be the point of contact for the Qualified Entity and Community Garden. A Qualified 5 Entity, through its Farmer of Record, will submit an application for a Community Garden, a copy of which is attached, and if approved, the Qualified Entity will enter into a User Agreement with the City, setting forth the rights and responsibilities of the Qualified Entity respecting the Community Garden. 1. Initial application a. Applicant shall provide a Community Garden - Application for Use. b. Applicant shall provide a letter of intent. 2. Policy and User Agreement: a. Qualifying entity shall provide documentation of neighborhood support by providing a signed letter of approval from the appropriate neighborhood association and a signed letter from the abutting property owner’s consent of the use of the land for a community garden. If a neighborhood association does not exist, a signed letter from neighbors within 100” ft. of the property must be provided. b. Qualifying entity shall provide a drawing of the proposed layout of the gardens that includes the layout of the plots (raised beds), water tap locations, fences, existing trees and roadways. Garden boundaries must meet the setbacks according to the proper zoning of the property. This site plan must be approved by the City of Savannah prior to development. c. Qualifying entity shall provide a proposed building materials list to include products intended for the design of the raised beds and fencing. d. Qualifying entity shall provide a schedule of proposed fees to be collected from individuals wishing to use a plot. All fees must be pre-approved by the City. i. Allotment fees are intended to cover garden costs and improvements only, and shall not exceed the amount necessary to cover the normal operating costs of the garden. ii. Records of fees collected and expenditures related to the garden shall be maintained in a centralized location and available at the City’s request. e. Qualifying entity shall sign a user’s agreement which will serve as the binding agreement for the use and maintenance of the garden. 3. During Subsequent Growing Seasons Qualifying entity shall be responsible for all garden activities including maintenance and upkeep of garden grounds, collection of allotment fees, and payment of water & electric charges if applicable. GUIDELINES FOR USE: 1. FEMA Lots: Certain restrictions are placed on the use of property that was purchased by the City of Savannah under the FEMA flood mitigation grant, above and beyond the guidelines listed below. All plans relating to a FEMA lot will require approval on a case-by-case basis by the local FEMA administrator, prior to any construction. 2. Terms: The initial term of user agreement will be clearly defined with a start and ending date but not less than two years. The user agreement may be renewed annually for additional terms at the discretion of the City. 3. Limits of Agricultural Use: The garden area shall be limited to growth of vegetables, fruits and flowers. Planting of trees will be allowed only in containers. The garden shall not be used for any type of livestock or poultry. 4. Chemicals: The use of insecticides, herbicides and synthetic fertilizers is strictly prohibited. Only natural organic methods and products shall be used for the treatment of nuisances and to provide plant and soil nutrition. The Qualifying Entity is encouraged to reference the Environmental Protection Agency’s National Organic Program. 5. Plots: Plots will be assigned to an individual or a group. Each plot can be shared by as many people as desired, with one person being designated as the plots’ “farmer of record”. 6. Sale of Products: Sale of products is prohibited; products grown are for personal use by the members of the garden or for donation only. 6 7. Means of Planting: Raised Beds with suitable commercial grade fabric barrier lying at the base and lower sides, to prevent disturbance of native soils and to protect new soils from contaminants. New soil should be brought to the site that is suitable for planting edible vegetation. No tilling of existing ground is allowed. 8. Water Source: In most cases potable water will be available on or in close proximity to the site. It is the qualifying entities responsibility to establish an account with the City of Savannah Water and Sewer Department and pay usage fees. 9. Mechanical Equipment: Mechanical equipment is limited to residential grade, restricted to use between sunrise and sunset, and must adhere to the Savannah Code of Ordinances, regarding noise control. No equipment shall be stored on-site. 10. Trash: No trash or debris shall be left on site at any time. 11. Accessory structures: No accessory structures are permitted, i.e. storage sheds, greenhouses, etc… 12. Composting: No composting activity will be allowed on-site without a pre-approved composting plan. Only one (1) composting area will be allowed on-site. Composting materials are generated from the site only, and outside materials will not be brought in. 13. Fencing: Fencing will be approved by the City of Savannah prior to construction, on a site-by- site basis. Fencing is meant to provide a visual delineation of the garden lot from the right-of- way and is not intended to provide security. 14. Signage: A decorative sign, meeting local zoning codes for the neighborhood and/or district, and no larger than 18”h x 24”w may be hung at the front of the garden to display the name of the garden and associated entity. A laminated document 8.5” x 11” showing the Qualifying entity’s contact information, including the primary and alternate contacts, along with the rules and guidelines for the garden will be posted within the garden boundaries, at a readable height. 15. Boundaries: Garden areas shall not encroach onto adjacent properties. The cultivated areas will meet the required setback(s) for the zoning district in which the garden is located. 16. Maintenance: The property shall be maintained free of high grass and weeds in accordance with the City of Savannah’s Property Maintenance Ordinance. Dead garden plants shall be removed regularly. Rotting fruits and vegetables shall be collected from garden areas and properly disposed of offsite or in compost area. 17. Miscellaneous Improvements: Benches and trellises and will be permitted on site as miscellaneous improvements. Decorative ornamentation will be restricted to placement within an individual’s plot. Items within the garden will be limited in height and will not block clear site lines into the garden from the right-of-way(s). 18. Operating Hours: Operating hours for community garden activities shall be restricted between sunrise and sunset, 7 days a week. 19. Insurance/ Waivers: While the City of Savannah does not require the qualifying entity to have liability insurance in order to utilize City-owned property for community gardening, the City encourages the qualifying entity to pursue waivers and/or insurance to provide adequate protection from liability involving individual plot farmers. 20. Lighting: No overhead lighting shall be permitted on site. 21. Parking: No parking will be permitted on the site. 22. Existing Trees: Removing or cutting of existing trees is strictly prohibited, unless otherwise approved by the City of Savannah. 23. Fundraising: Qualifying entities are free to undertake fundraising activities in order to build community support and resources to defray costs associated with operating a community garden. However, any fundraising activities involving use of the actual property must be pre-approved by the City of Savannah. 24. Access: The City of Savannah must have 24 hour access to the property. 25. Exceptions: Any use condition for a Community Garden may be modified by Special Exception upon approval by the City of Savannah. 26. Termination of Agreement: Should the City determine that the lot is not being used for its intended purpose or that it is not being maintained, this agreement shall terminate within two (2) 7  weeks of a written notice from the City of Savannah. The qualifying entity has the right to terminate the agreement by submitting a two (2) week written notice to the City of Savannah. At termination of the agreement, the qualifying entity must return the site to it pre-garden condition. 27. Other Provisions Specific to this Site: Individual lots may have conditions not addressed in this policy. If deemed necessary, an attachment will be included as part of this policy, listing other provision(s) specific to the site and will be considered part of the agreement. Approval of the settlement of Ladrann Goodwin V. City of Savannah, Georgia, State Court of Chatham County, Civil Action No. STCV1101227. City Attorney Blackburn stated the Council was briefed in the Work Session and asked that the Council approve the court-ordered mediation in which an agreement was made to participate in the cost of the injuries. Upon motion by Alderman Johnson; seconded by Alderman Osborne and unanimously carried, it was approved to amend the agenda to add this item. Upon motion by Alderman Hall; seconded by Alderman Osborne and carried with Aldermen Thomas, Osborne, Bell, Hall, Shabazz, Bordeaux, and Mayor Jackson voting in favor it was approved. Alderman Johnson recused himself because he was employed by Chatham County. Surplus Property – 114-116 East 39th Street. Recommended that the City declare surplus properties located at 114 E. 39th Street (PIN 2-0065 -31-006) and 116 E. 39th Street (PIN 2-0065 -31-005). The City acquired the properties July 11, 2002 as part of the purchase of the Community Planning and Development office. The properties are two vacant lots totaling 0.17 acres, more or less, bounded on the west by 108 E. 39th Street, on the north by 2023 Abercorn Street, on the east by 122 E. 39th Street, and on the south by E. 39th Street. The subject property is legally described as Lot 6 and East Half Lot 5 Block 3 Wadley Ward and Lot 7 Block 3 Wadley Ward, Savannah, Chatham County, Georgia. Staff proposes to sell the property for residential development via a request for proposal (RFP). The City will give preference to non-profits, stakeholders, and owner-occupants. The minimum bid will be set at $20,000.00, the appraised value. Also, recommended declaring surplus the property located at 114 E. 39th Street and 116 E. 39th Street, in order to offer the property for sale to the public via RFP. The City of Savannah reserves the right to reject any or all proposals and will not be obligated to enter into a contract based on any proposal submitted. City Manager Toney stated it was for residential development. Upon motion of Alderman Bell, seconded by Alderman Shabazz and carried with Aldermen Thomas, Bell, Hall, Shabazz, and Mayor Jackson voting in favor the property was declared surplus. Aldermen Johnson and Osborne were out of the room. TRAFFIC ENGINEERING REPORTS Uncontrolled Railroad Crossings – Addition of Traffic Control. The 2009 edition of the Manual on Uniform Traffic Control Devices mandates that some form of traffic control be installed on all uncontrolled railroad crossings. Traffic Engineering staff met with the railroads that have uncontrolled crossings in the City of Savannah and developed recommendations for each site. Each crossing was evaluated on the traffic volume on the main line and the frequency of train traffic at that location. It is recommended that yield signs be installed for all spur rail lines crossing city streets. Gwinnett Street shall yield for Georgia Central Railroad at Collat Avenue, Louisville Road shall yield for Norfolk Southern Railroad at Rathborne Drive, Magazine Street shall yield for Norfolk Southern Railroad, Stiles Avenue shall yield for Norfolk Southern Railroad, Telfair Road shall yield for Norfolk Southern Railroad north of W. Gwinnett Street, and Telfair Road shall yield for Nexeo Solutions Railroad north of W. Gwinnett Street. It is also recommended that stop signs be installed for all main railroad lines crossing city streets. King Street shall stop for Norfolk Southern Railroad, Spring Street shall stop for Norfolk Southern Railroad, E. 33rd Street shall stop at the Rail Link Railroad at Plant Street, E. 35th Street shall stop at the Rail Link Railroad at Plant Street, E. 36th Street shall stop at the Rail Link Railroad, E. 38th Street shall stop at the Rail Link Railroad at Lincoln Street, E. 39th Street shall stop at the Rail Link Railroad at Lincoln Street, E. Bolton Street shall stop at the Rail Link Railroad, Lincoln Street shall stop at the Rail Link Railroad north of E. 39th Street, E. Park Avenue shall stop at the Rail Link Railroad, and E. Waldburg Street shall stop at the Rail Link Railroad. Upon motion of Alderman Thomas; seconded by Alderman Shabazz and carried with Aldermen Thomas, Bell, Hall, Shabazz, and Mayor Jackson voting in favor the request was granted. Aldermen Johnson and Osborne were out of the room. BIDS, CONTRACTS AND AGREEMENTS As advertised upon motion of Alderman Thomas, seconded by Alderman Shabazz and carried, the following bids, contracts and agreements were approved with Aldermen Thomas, Hall, Bell, Bordeaux, Shabazz and Mayor Jackson voting in favor. Aldermen Johnson and Osborne were out of the room: SCMPD Administrative Service Center – Contract Modification No. 1 – Event No. 93 (PB836). Approval of Contract Modification No. 1 from Dabbs-Williams General Contractors, LLC, in the amount of $4,787.00. This contract modification will entail abandoning all existing lead joint cast iron water pipes and connecting existing water laterals to service the Savannah-Chatham Metropolitan Police Department (SCMPD) Administrative Service Center. There are many old water lines on the property that were unknown until located by the Water Department during the project. These need to be properly disconnected and plugged. Some lines need to be connected to the new water main that is being installed as part of the project. Recommend approval of Contract Modification No. 1 from Dabbs-Williams General Contractors, LLC, in the amount of $4,787.00. The cumulative total of the contract requires Council approval of this modification. The new contract price will now be $3,687,940.00. Funds are 8 available in the 2012 Budget, Account No. (311-9207-52842-PB0836) Capital Improvement Projects/Other Costs/SCMPD Administrative Services Center. Construction Activities for Cay Building – Contract Modification – Event No. 596. Approval for a contract modification to the Construction Management and Coordination Services contract in the amount of $37,500.00. The additional cost for services is needed to assist the City with coordination of construction activities for the Cay Building being constructed on top of the Whitaker Street Garage. The original contract with DMS Constructions Services was scheduled though completion of construction in May 2012 which were delayed. This contract modification is needed to maintain these services for the duration of this project which is estimated to be completed in September 2012. DMS Construction Services (B) $ 37,500.00 Funds are available in the 2012 Budget, Capital Improvement Project/Other Cost/Ellis Square Parking Garage (311-9207-52842-PB0621). Wiring Installation at Bull Street Fire Station No. 5 - Contract Modification No. 3 – Event No. 601. Approval for Contract Modification No. 3 to Bull Street Fire Station No. 5 in the amount of $1,375.00. The additional cost for services is needed to install wiring for the oil-water separator sump pump. The design drawings specified an electrical circuit for a sump pump at the kitchen sink grease trap instead of at the underground oil-water separator, while retaining the outlet at the kitchen sink for potential future use. The cumulative total of the contract requires Council approval of this modification. The new contract price will now be $2,611,529.12. Funds are available in the 2012 Budget, Capital Improvement Project/Other Cost/New Fire Station (311-9207-52842-PB0423). Traffic Controllers – Emergency Purchase – Event No. 583. Terminated an annual contract with Graybar Electric for Section A item 1 of the Traffic Signal Equipment contract and recommend awarding an annual contract for Section A item 1 to Temple, Inc. in the amount of $30,495.00. This item will be utilized by Traffic Engineering to restore traffic signal services in the event of a disaster as well as routine signal maintenance. The reason for terminating the contract with Graybar for this item is that the terminated vendor no longer has GDOT (Georgia Department of Transportation) approval to distribute these traffic controllers and has been placed on hold and off the qualified products list due to performance issues. Temple, Inc. is approved to distribute these traffic controllers and has agreed to provide them at its contracted price. Funds are available in the 2012 Budget, Traffic Engineering/Equipment Repair Parts (Account No. 101-2103-51335). Dock Repairs – Emergency – Event No. 599. Approval to procure emergency dock repairs from Myrick Marine Contracting Corporation in the amount of $29,400.00. The services will be utilized by Parking and Mobility Services to replace damaged rods and wales; and tighten the remaining tie rods on the dock to ensure the public safety while using them to dock the vessels. This quote has been opened and reviewed. Funds are available in the 2012 Budget, Capital Improvement Projects/Other Costs/Riverwalk Dock (311-9207-52842-OP0335). Gamble Building Roof Replacement – One Time Purchase – Event No. 394. Approval to procure roof repairs from Roofing Professionals, Inc. in the amount of $110,860.00. These repairs will be utilized by the Design and Construction Department for the Gamble Building Roof. This project includes abatement of hazardous materials, removal and overlaying roof to a water tight condition using one ply 80 mil Thermoplastic Polyolefin Membrane (TPO) and 60 mil TPO flashing, and scraping and painting the soffit. The bidders Funds are available in the 2012 Budget, Capital Improvement Project/Other Cost/Gamble Building Renovation (311-9207-52842-PB0427). HVAC for City Hall – Sole Source – Event No. 598. Approval to procure (6) 12 Ton Mitsubishi R2- Series HVAC (heating, ventilation and air conditioning) Systems from Mingledorff's Distributors in the amount of $56,700.00. These units will be installed in City Hall for the 3rd and 4th floors. The reason for a sole source purchase is that the equipment will standardize with existing HVAC equipment. The distributor is offering the equipment at half price to the City for a limited time. Funds are available in the 2012 Budget, Capital Improvement Projects/Other Costs/Consolidated Facility Buildings & Grounds (Account No. 311-9207-52848-PB0131). Streetcar Repairs – Sole Source – Event No. 597. Approval to procure streetcar repairs from Electric Motor & Supply, Inc. in the amount of $27,003.00. These repairs will be utilized by the Parking and Mobility Department for repairs and maintenance to ensure the safety and longevity of the streetcar for use by tourists and residents. The reason for a sole source purchase is that Electric Motors & Supply Inc. is the only vendor able to do the required maintenance of the streetcar. Funds are available in the 2012 Budget, Parking Enforcement & Administration/Equipment Maintenance (561-1113-51250). CommandPro Software-Hosted Services – Sole Source – Event No. 599. Approval to procure CommandPro Software hosting services from O’Brien Response Management in the amount of $50,000.00. The software, a hosted solution for a five-year period, will be utilized by staff at the Emergency Command and Control Center to manage emergency response to all types of incidents. The resulting system provides the latest software technology to streamline command functions, accelerate the planning process, integrate documentation, facilitate resource tracking, enhance accuracy, control cost and ensure FEMA reimbursement compliance. The software integrates command strategy and tactics with the National Incident Management System Incident Command System (NIMS/ICS) process and documentation, and will ensure accurate documentation and resource tracking during an emergency 9 incident/disaster. The CommandPro software meets all NIMS and FEMA compliance requirements. S.S. O’Brien Response Management(D) $ 50,000.00 Funds are available in the 2012 Budget, DHS/GA the PTSEC Grant/Computer Hardware/Software/DHS/GA Tech Project 1 (212-3118- 51510-GT0018). Network Storage for Video Conferencing – Sole Source – Event No. 604. Approval to procure network storage for video conferencing from Technology Integration Group (TIG) in the amount of $68,733.00. The network storage will be utilized by the Information Technology Department to support the video conferencing system that will be implemented at the Command and Control Center. The reason for a sole source purchase is that Technology Integration Group (TIG) has the current contract for the City’s network storage. S.S. Technology Integration Group (TIG) (D) $ 68,733.00. Funds are available in the 2012 Budget, DHS/GA the PTSEC Grant/Computer Hardware/Software/DHS/GA Tech Project 1 (212- 3118- 51510-GT0018). Meter Boxes and Lids – Annual Contract – Event No. 123. Approval to award an annual contract for meter boxes and lids to Consolidated Pipes & Supply in the amount of $151,870.00. The meter boxes and lids are maintained in inventory at the Central Warehouse and are utilized by the Water Distribution Department for new connections to the water system and to replace those that are damaged. Bids were received May 22, 2012. This bid has been advertised, opened and reviewed. Delivery: As Required. Terms: Net-30 Days. Funds are available in the 2012 Budget, Water Distribution/Construction Supplies and Materials (Account No. 521-2503-51340). Truck and Tractor Tires – Annual Contract Renewal – Event No. 563. Approval to renew an annual contract for truck and tractor tires to SOS Radial Tires in the amount of $253,661.88. The truck and tractor tires will be utilized by the Vehicle Maintenance Department to replace worn or damaged tires on the City’s vehicle fleet. This bid has been advertised, opened and reviewed. Delivery: As Needed. Terms: Net-30 Days. Funds are available in the 2012 Budget, Internal Service Fund/Vehicle Maintenance/Vehicle Parts (Account No. 611-1130-51360). PGA Heritage of Golf Sponsorship – Savannah/Hilton Head International Airport. The Savannah Airport Commission received approval of PGA Heritage of Golf Sponsorship for 2013 in the amount of $28,350.00. In 2011, the Commission approved an extension of the contract to sponsor the PGA Heritage of Golf Tournament on Hilton Head Island until 2013. In support of the new sponsors, Royal Bank of Canada and Boeing, both of which have committed to the tournament thru 2016, the Airport Commission recommended continuing sponsorship through the term of their commitment. The Airport Commission has been offered a sponsorship extension at the same rate paid for the last six years. The sponsorship includes the skybox; which provides an amenity to business and community leaders and stakeholders in both the Savannah and Hilton Head areas and help get the message out that Savannah/Hilton Head International is the airport of choice for the low country market area. The Airport Commission believes that the event is a perfect platform to show support for the community and to continue branding efforts to a large audience. Signage Replacement: Exterior Roadway – Event No. 434 – Savannah/Hilton Head International Airport. The Savannah Airport Commission received approval of a contract with Architectural Graphics, Inc. in the amount of $405,028.00 for the Signage Replacement: Exterior Roadway project. This project consists of, but is not limited to, furnishing all labor and materials to supply and install exterior roadway signage including foundation design, demolition, and all other items listed in the plans and specifications. Taxi Support Facility – Event No. 433 – Savannah/Hilton Head International Airport. The Savannah Airport Commission received approval of a contract with Arentz General Contracting, LLC in the amount of $187,295.00 for the Taxi Support Facility project. The project consists of, but is not limited to, furnishing all labor and materials to supply and install pre-fabricated booths with electrical, water and sewer per the plans and specifications. 2013-2014 Legislative Liaison Services. Georgia State legislation significantly affects Savannah. Jim Burgess has been a very capable advocate for the City and has agreed to continue his services on a two- year cycle to coincide with the General Assembly’s biennial sessions. The services include assisting in the preparation of the City’s annual legislative agenda; explaining and promoting the City’s legislative agenda to State elected officials and decision makers; being in the State Capitol each day when the General Assembly is in session; monitoring bills and submitting periodic reports to the City; informing City representatives of pending legislation that will have positive or negative consequences for the City; maintaining close contact with the Chatham County Legislative Delegation, other State legislators, and City officials concerning the City's legislative interests; assisting in the drafting of legislation; and lobbying the Governor’s staff, legislative leaders, and State agencies on a year-round basis. The contract began in 1997 and has greatly improved our ability to obtain funds and have a strong voice in legislation that affects Savannah. Renewed the contract in the amount of $50,264.00 for the first year of the biennial session (2013) and $51,771.92 for the second year of the biennial session (2014). City Manager requested continuing until August 9, 2012. ******************************* Mayor Jackson recognized Connie Hall, the school board representative from the third district. 10 Alderman Shabazz announced: Monday, August 6th from 5:30 – 7:30 pm, at the Bull Street Library, 1st floor in the auditorium, there will be a meeting in reference to the Thomas Square project and the public is invited to view the parking recommendations. Alderman Johnson stated in Mayor Jackson’s legacy to bring people together he wanted to announce the first-ever United Savannah Tolerance Summit Thursday, August 2nd at 5:30 pm in the Savannah Civic Center Ballroom. The dialog will be about tolerance and diversity in the City of Savannah. There will be presentations and a question and answer session. He invited all residents to participate. Alderman Hall congratulated Mayor Pro-Tem Johnson on his professionalism in conducting the past Council meeting in Mayor Jackson’s absence. Alderman Osborne congratulated her colleagues and included herself, who have taken time to educate their constituents on the upcoming TSPLOST vote on July 31st. They provided information to the residents so that they could make a choice, and in some instances they were encouraged to vote yes because it would be a benefit to the citizens. Alderman Bell also invited the public to attend the United Savannah Tolerance Summit, although she would be out of town and not able to attend. Alderman Thomas requested to have a meeting with the Mayor, City Manager, Police Chief, and the Aldermen At-Large to discuss the rise in crime on the south side. He stated he was very concerned about the rise in burglaries and street robberies that were occurring in the south side of Savannah, in particular one active, reoccurring, unsolved crime. He also inquired about City resources and vacancies in the police department. Mayor Jackson expressed her concerns about newspaper reports of yet another young person shot and killed, and stated the City must develop a plan because people are afraid to be on their own street and the City will not tolerate this. She asked that the plan be shared with all of Council and possibly schedule it for one of the Work Sessions. Alderman Thomas stated he wanted to meet with the City Manager and the Chief of Police and talk specifically about the 6th district, because it could not be policed today like it was 10 years ago. The rise of criminal activity in the commercial core of the City – Abercorn Expressway, was alarming. The cold cases in the 6th district as well as the entire City were also a concern to Alderman Thomas. Alderman Osborne stated when listening to the radio or television news, there were numerous reports of shootings, murders, etc., on the Waters Avenue corridor in the 2nd district. Mayor Jackson asked the City Manager to check with all of the Aldermen, set meetings with each, and give her a list of the meetings. Alderman Bell thanked Alderman Thomas for inviting the At-Large Aldermen and stated she would make an effort to be at the meetings. Alderman Shabazz asked to meet with the Mayor and City Manger in reference to SDRA because what has come up with her and part of the 5th district. There is a lot of talk going on for MLK and Montgomery Blvd., and the millions of dollars that will be spent on MLK. It concerns her that the City needs to have more focus on what’s happening on the corridors of MLK, to complete that on MLK and to concentrate over on Montgomery Street corridor, after it passes Gwinnett Street going down to 52 nd Street. She wanted to have the meeting to obtain more information so that focus can be on that. Mayor Jackson stated there are neighborhood specific and district specific, but this gives her an opportunity to attend as many meetings as possible. She stated she appreciated it because they did need to discuss it. Alderman Johnson stated he wanted to be involved also and they needed to get a work plan for SDRA going forward. Alderman Thomas stated he was the Council liaisons for SDRA and he had not heard from them this year, and he did not know if they were active or meeting. City Manager Toney stated they were not active and the 2 City’s liaisons positions are presently vacant. They are leader ship positions. Economic Development position is vacant as well as the Community Planning and Development Bureau Chief is also vacant. The memberships of the board have expired and have been for some time. She state it was difficult to bring forth a strategic plan for the SDRA until there is leadership on the City’s side to help foster it. She was interested to meet with the Council and talk about the next steps. There being no further business, Mayor Jackson adjourned this meeting of Council. Dyanne C. Reese, MMC Clerk of Council 11