City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA MARCH 20, 2014 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 Captain Carl Ramey, Associate Pastor at Evangel Temple Full Gospel Church followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna Jackson, Presiding Mayor Pro-Tem Van Johnson, II Alderman Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Aldermen Mary Ellen Sprague, Carol Bell, Estella Shabazz John Hall and Tom Bordeaux City Manager Stephanie Cutter City Attorney W. Brooks Stillwell Assistant City Attorney William Shearouse ABSENT: Assistant City Attorney Lester B. Johnson, III MINUTES Approval was given for the Mayor Pro-Tem to sign an affidavit and resolution for an Executive Session held today to discuss real estate where no votes were taken. (SEE RESOLUTIONS). Upon motion of Alderman Johnson, seconded by Alderman Thomas and unanimously carried the agenda was amended to move item 18 to 2.3. Upon motion of Alderman Osborne, seconded by Alderman Thomas and unanimously carried the Summary/Final minutes of the City Manager’s briefing of March 5, 2014 were approved. Upon motion of Alderman Osborne, seconded by Alderman Thomas and unanimously carried the Summary/Final minutes of the City Council meeting of March 5, 2014 were approved. Amendment of the minutes for July 12, 2012 to correct a PIN number in an adopted rezoning ordinance. On June 28, 2012 the petition of Stacy Patton to rezone 12208, 12217 and 12206 Navajo Road was heard and approved. The agenda reflects the 12208 and 12217 addresses listed in the MPC report, but the advertised legal description and the ordinance adopted on July 12, 2012 included all parcels. Inadvertently excluded from the ordinance was the third PIN number of – 008 which should be corrected as follows: PIN: 2-0869A-03-008,- 003, and 2-0862-02-008, -009. Alderman Thomas asked if there was current rezoning or development in progress with this property. Clerk Reese stated this was approved at the meeting of July 12, 2013 and she doesn’t believe the changes have started because they realized one of the PIN numbers for the parcels was inadvertently left off but was included during the hearing. 1  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Approved upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried. PRESENTATIONS John Bennett, Executive Director and Dr. Drew Wade, Immediate Past Chair of the Savannah Bicycle Campaign appeared to discuss today’s Ride to City Hall. Mr. Bennett thanked Mayor Jackson and Alderman Sprague for their participation with the press conference earlier. The purpose of the ride is to make City Council and the citizens of Savannah is aware of their appreciation for all efforts made to make the City of Savannah a safer and more bicycle friendly city. The City of Savannah received the Bicycle Friendly status in October 2013 one of a few city’s that has this designation in the state of Georgia after changes were made to Washington Avenue, Price Street and most recently the Chatham Area Transit (CAT) Bike Share program. Upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried the agenda was amended to move item 19 to 2.4. David Maxwell, Chief Financial Officer appeared to ask for consideration of a Resolution Authorizing a Contract with the Downtown Savannah Authority (DSA) and Approving the Issuance of Bonds by the Downtown Savannah Authority. There were 8 bids with the best coming from Stifel Nicolaus & Co. with a true interest cost of 2.81% with a savings of about 5% of the true bond. Alderman Thomas asked if the net value of savings reflect the cost of legal fees for the issuance of the bonds. Mr. Maxwell replied yes. Alderman Sprague stated initially the City of Savannah thought it would save about 50,000 per year but ended up with a savings of 51,000 per year and she agrees with Mr. Maxwell that the number of bids speaks volumes for the City. Approved upon a motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried. Former Alderman and Dean of Council Clifton Jones and Mr. Remer Pendergraph appeared requesting Authorization to Execute Deed of Gift for Acceptance of the W.W. Law Collection. The City Manager was asked to accept a “Deed of Gift,” from the W.W. Law Foundation, Inc., for the W. W. Law Collection, including manuscripts, fine art, visual materials, audio visual materials, books, etc., collected by Wesley Wallace Law during his lifetime and currently housed in the City of Savannah building at 226 Martin Luther King, Jr., Boulevard, Savannah, GA. The collection will be accessible to the public and made available for research. Copies supplied from them, upon request, will be made available to all qualified researchers on equal terms of access, on an unrestricted basis. Upon release of the collection to the City, Chatham County, has agreed to transfer the balance ($401,372) of the 2003 – 2008 SPLOST funds for the W. W. Law project to the City. Recommend approval of the gift approved by the W. W. Law Foundation. Mr. Pendergraph thanked Mayor Jackson and Council for allowing him to be present at the meeting and present the gift to the City of Savannah. He stated Mr. Law wanted his collection to be used for educational purposes for the City of Savannah and the world. Mayor Jackson thanked Mr. Pendergraph for all his hard work and dedication in ensuring Mr. Law’s collection made a difference not only to the City of Savannah but to all people. Alderman Shabazz thanked Mr. Pendergraph for not losing the vision and focus and upholding the legacy of Mr. Law. 2  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 LEGISLATIVE REPORTS ALCOHOLIC BEVERAGE LICENSE HEARINGS As advertised, the following alcoholic license petitions were heard. No one appeared in objection to the issuance of these licenses. Jesse J. Cole, Jr. for Publix Super Market, Inc., requesting to transfer a beer and wine (package) license from Brian Birge at 5500 Abercorn Street. This location is between Janet Drive and DeRenne Avenue in District 4. Alderman Sprague asked Mr. Cole if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations and if he could read and write the English language. Mr. Cole responded yes to all questions. Hearing closed upon motion of Alderman Osborne, seconded by Alderman Sprague and unanimously carried. Alderman Bell moved to approve the license and it was seconded by Alderman Osborne and unanimously carried. Kimberly M. Seldal for Cost Plus, Inc., requesting to transfer a beer and wine (package) license from Casey Boatwright at 7805 Abercorn Street. This location is between Mall Boulevard and White Bluff Road in District 4. Alderman Sprague asked Ms. Seldal if she understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that she must abide by; if she doesn’t abide by those rules and regulations the license can be revoked; if she promised to comply with those rules and regulations and if she could read and write the English language. Ms. Seldal responded yes to all questions. Hearing closed upon motion of Alderman Hall, seconded by Alderman Bordeaux and unanimously carried. Alderman Sprague moved to approve the license and it was seconded by Alderman Hall and unanimously carried. Harvey Hansel for Blazin Wings, Inc. t/a Buffalo Wild Wings, requesting a liquor, beer and wine (drink) license with Sunday sales at 7700 Abercorn Street. This location is between Mall Boulevard and Eisenhower Drive in District 4. Alderman Sprague asked Mr. Hansel if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations and if he could read and write the English language. Mr. Hansel responded yes to all questions. Hearing closed upon motion of Alderman Hall, seconded by Alderman Sprague and unanimously carried. Alderman Sprague moved to approve the license and it was seconded by Alderman Thomas and unanimously carried. Samir Patel for Shri Hari Aum RK, Inc., requesting to transfer a beer and wine (package) license from Vrajesh Patel at 1606 W. Gwinnett Street. This location is between Crosby and Carter Streets in District 1. Alderman Johnson asked Mr. Patel if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations and if he could read and write the English 3  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 language. Mr. Patel responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Hall and unanimously carried. Alderman Johnson moved to approve the license and it was seconded by Alderman Thomas and unanimously carried. KeJun Xiang for Star Kitchen, LLC t/a Star Kitchen, requesting a beer and wine (drink) license with Sunday sales at 2504 Skidaway Road. There was a 2008 liquor, beer and wine (drink) license with Sunday sales at this location, which is between 40th and 41st Streets in District 3. Alderman Hall asked Mr. Xiang if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations and if he could read and write the English language. Mr. Xiang responded yes to all questions. Hearing closed upon motion of Alderman Hall, seconded by Alderman Sprague and unanimously carried. Alderman Hall moved to approve the license and it was seconded by Alderman Thomas and unanimously carried. John Walker for Pizza Hut of America, Inc. t/a Pizza Hut, requesting a beer (drink) license with Sunday sales at 11510 Abercorn Street. There was a 2013 beer (drink) license with Sunday sales at this location, which is between Willis and Largo Drives in District 6. Alderman Bordeaux asked Mr. Walker if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations and if he could read and write the English language. Mr. Walker responded yes to all questions. Hearing closed upon motion of Alderman Thomas, seconded by Alderman Hall and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Hall and unanimously carried. Mehul B. Patel for Mainstream Hotel Group t/a Hyatt Place, requesting liquor, beer and wine (drink) license with Sunday sales at 4 Stephen S. Green Drive. This location is between Clyde E. Martin Drive and Crossroads Parkway in District 1. Mr. Patel stated he was present for his son who was out of town at a conference and he is a partner of the establishment. Alderman Johnson asked Mr. Patel if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations and if he could read and write the English language. Mr. Patel responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Hall and unanimously carried. Alderman Johnson moved to approve the license and it was seconded by Alderman Hall and unanimously carried. Sangita Patel for Jai Desai, Inc. t/a S & K Foodmart, requesting to transfer a beer (package) license from Pravin Patel at 4402 Montgomery Street. This location is between 60th and 61st Streets in District 5. Alderman Bordeaux asked Mr. Patel if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations and if he could read and write the English language. Mr. Patel responded yes to all questions. Hearing closed upon motion of Alderman Thomas, seconded by Alderman Shabazz and unanimously carried. Alderman Shabazz moved to approve the license and it was seconded by Alderman Thomas and unanimously carried. 4  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 ZONING HEARINGS Metropolitan Planning Commission (14-000202-ZA), recommending a text amendment to Article B (Zoning Districts), Sec. 8-3025(b) (Business and Industrial Zoning Districts Use Schedule), Use 7, Hotel or Apartment Hotel and Use 9b, Inn to permit such uses in the B-C (Community-Business) zoning district. It is unclear why hotels, apartment hotels and inns are not permitted in a district where service facilities are intended, and where motels are already allowed. Hotels, apartment hotels and inns are service-oriented uses that are appropriate in a B-C district. Recommend approval. Alderman Thomas asked if all of the location would be in areas with compatible use. Mr. Lotson replied yes it would only apply to areas currently zoned for that use. Alderman Sprague stated she was concerned about density and asked if hotels have the same density as motels. Mr. Lotson stated the number of rooms they can get is limited by a few things such as onsite parking and height restrictions. Alderman Sprague asked what the height conditions are. Mr. Lotson replied fifty feet is the normal height for hotels which allows for 5 floors. He further stated no zoning changes in reference to properties or height restrictions is being proposed. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Shabazz and unanimously carried. Ordinance to cover will be drawn up for presentation at the next meeting of Council. PETITIONS Tommy Lewis, Owner of Sodman Landscaping Design – Petition 140023, requesting that the City approve declaring surplus “Former Lot 96” (a portion of Lot 96A), Grove Park Subdivision, also known as 1230 Montgomery Cross Road, in order that it may be offered for sale. This property is located on the north side of Montgomery Cross Road, east of Waters Avenue and adjacent to the Casey Canal. In 1997 the City acquired Lot 96A (a recombination of Lots 96, 97, and 98) for the maintenance and operation of the Casey Canal. “Former Lot 96” is 60’ wide x 140’ deep and is located adjacent to Mr. Lewis’ property. Mr. Lewis has been leasing a portion of Lot 96A from the City since March of 2006 to store landscaping materials; however he now wishes to end the lease and acquire the property in order to redevelop his existing business and expand the site footprint. The petition has been reviewed by Public Works and Water Resources, Sanitation, Leisure Services, Fire, Police, and Development Services with no objections offered. Sale shall be subject to the City retaining ownership of “Former Lots 97 and 98” without encumbrances, easements, or use agreements. Recommend approval of the request that the City declare surplus “Former Lot 96” (a portion of Lot 96A), Grove Park Subdivision, in order that the City may offer it up for sale, as requested by Tommy Lewis through Petition 140023. Recommend approval. Approved upon a motion by Alderman Johnson, seconded by Alderman Shabazz and unanimously carried, per the City Manager’s recommendation. 5  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Ameir Mustafa of Signs for Minds, Representing Don Callahan (Business and Property Owner) – Petition 140072, requesting that the City allow encroachment within the Waters Avenue right-of-way for the installation of a hanging principal use sign over the sidewalk. The subject property is located at 3107 Waters Avenue; more specifically on the west side of Waters between Washington Avenue and 48th Street. The sign is designed as 41.5” high x 47.5” wide and will provide 12’-0” of vertical clearance. This request has been reviewed by Public Works and Water Resources and by Development Services with no objections noted; however, approval is subject to the property owner assuming all responsibility for injuries or damages to third parties as a result of the encroaching items. The City will be held harmless for maintenance and liability of the proposed sign. All City permitting and construction guidelines must be followed. Recommend approval to allow encroachment within the Waters Avenue right-of-way for the installation of a sign as requested by Ameir Mustafa through Petition 140072, subject to the conditions stated above. The property owner should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the encroaching sign must be removed at the property owner’s expense upon request of the City. Recommend approval. Approved upon a motion by Alderman Shabazz, seconded by Alderman Sprague and unanimously carried, per the City Manager’s recommendation. Joshua Beckler of Coastal Canvas, Representing Louis Thomann of Judge Realty (Business and Property Owner) – Petition 140073, requesting that the City allow encroachment within the E. Charlton Street right-of-way for the installation of an awning over the sidewalk. The subject property is located at 201 E. Charlton Street; more specifically on the south side of Charlton as it intersects Abercorn Street. The awning is designed to be placed over an existing doorway off of the sidewalk. It is designed as 96” wide x 32” high, projecting 30” from the building façade, and will provide 8’-0” of vertical clearance. This request has been reviewed by Public Works and Water Resources and by Development Services with no objections noted; however, approval is subject to the property owner assuming all responsibility for injuries or damages to third parties as a result of the awning. The City will be held harmless for maintenance and liability of the proposed awning. All City permitting and construction guidelines must be followed. Recommend approval to allow encroachment within the E. Charlton Street right-of-way for the installation of an awning over the sidewalk as requested by Joshua Beckler through Petition 140073, subject to the conditions stated above. The property owner should be advised that such encroachment grants no ownership rights to the property and that, if ever required, the encroaching sign must be removed at the property owner’s expense upon request of the City. Recommend approval. Approved upon a motion by Alderman Johnson, seconded by Alderman Shabazz and unanimously carried, per the City Manager’s recommendation. Ed Hoffman and Susan Meeks of REH1, LLC (Petitioner and Property Owners) – Petition 140075, requesting that the City allow encroachment within the E. Huntingdon Street right-of- way for the construction of stoops, stairs and balconies associated with (3) new townhomes. The subject properties are located at 307, 309 and 311 E. Huntingdon Street; more specifically on the 6  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 south side of E. Huntingdon Street between Lincoln and Habersham Streets. The entranceways are designed to span three floors with a staircase and railing at the ground level leading to a second floor landing/access, and a column supported balcony at the third floor. Each entranceway structure is planned to encroach over the property line by 3’-0” and 3’-11” at the front edge of the stairs. This will not impact the existing sidewalk, which will remain 7’ wide. According to the petitioner the proposed facade is designed similar to the adjacent residential buildings to the west, and fits within the design standards and precedence of the Historic District. This request has been reviewed by Public Works and Water Resources, Development Services, and Park and Tree with no objections noted; however, approval is subject to the property owner assuming all responsibility for injuries or damages to third parties as a result of the encroachment. The City will be held harmless for maintenance and liability of the proposed encroachment. All City permitting and construction guidelines must be followed. The property owner will be required to remove an existing Southern Magnolia tree from the treelawn, which Park and Tree has found to be in marginal condition, at the property owner’s expense, and either plant or pay the City to plant new trees in the treelawn as part of the project. Any modifications or improvements to the sidewalks must be done in accordance to the latest ADA standards. The property owner shall agree to enter into a Revocable License Encroachment Agreement with the City. Recommend approval to allow encroachment within the E. Huntingdon Street right-of-way for the construction of stoops, stairs and balconies associated with (3) new townhomes at 307, 309, and 311 E. Huntingdon Street, as requested by Ed Hoffman and Susan Meeks through Petition 140075, subject to the conditions stated above. The property owner should be advised that such encroachment grants no ownership rights to the property. Recommend approval. Approved upon a motion by Alderman Johnson, seconded by Alderman Shabazz and unanimously carried, per the City Manager’s recommendation. ORDINANCES Second Readings Parking Restrictions on East and West Sides of Abercorn Street. An ordinance to amend the City Code to prohibit parking along the east side of Abercorn Street from 25 feet north of E. Hall Lane and extending southward to E. Gwinnett Street; along the east side of Abercorn Street from E. Gwinnett Street extending southward for 175 feet to E. Gwinnett Lane; along the west side of Abercorn Street from a point beginning 45 feet north of E. Gwinnett Street and extending northward for 170 feet; and along the west side of Abercorn Street from 30 feet south of E. Gwinnett Street extending southward for 140 feet. (Continued from February 20, 2014. See “Traffic Engineering Reports.”) Recommend denial. Approval was given to deny upon a motion by Alderman Johnson, seconded by Alderman Bell and unanimously carried, per the City Manager’s recommendation. 7  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 ORDINANCES First and Second Readings Ordinance read for the first time in Council March 20, 2014, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Shabazz, seconded by Alderman Sprague and unanimously carried. AN ORDINANCE TO REZONE 3314 OGEECHEE ROAD, 3320 OGEECHEE ROAD, 1930 MILLS B. LANE BOULEVARD, 1934 MILLS B. LANE BOULEVARD, 1940 MILLS B. LANE BOULEVARD AND 1944 MILLS B. LANE BOULEVARD FROM I-L (LIGHT INDUSTRIAL) TO B-C (COMMUNITY BUSINESS). 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 20th day of March, 2014 the Council entered into a closed session for the purpose of discussing real estate. At the close of the discussions upon this subject, the Council reentered into open session and herewith takes the following action in open session: 1. The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified; 2. Each member of this body does hereby confirms that to the best of his or her knowledge, the subject matter of the closed session was devoted to matters within the specific relevant exception(s) as set forth above; 3. The presiding officer is hereby authorized and directed to execute an affidavit, with full support of the Council in order to comply with O.C.G.A. §50­14­4(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. A RESOLUTION TO AUTHORIZE A CONTRACT TO SECURE AND TO APPROVE THE ISSUANCE OF APPROXIMATELY $9,995,000 IN DOWNTOWN SAVANNAH AUTHORITY REFUNDING REVENUE BONDS (CITY OF SAVANNAH PROJECT), SERIES 2014 FOR THE PURPOSE OF REFINANCING A PORTION OF THE DSA’S 2009 BONDS AT LOWER INTEREST RATES TO ACHIEVE DEBT SERVICE SAVINGS FOR THE CITY. MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH RESOLUTION Downtown Savannah Authority Refunding Revenue Bonds (City of Savannah Project), Series 2014 8  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 WHEREAS, the Mayor and Aldermen of the City of Savannah (the “City”) has requested the Downtown Savannah Authority (the “Authority”) to (i) issue its REFUNDING REVENUE BONDS (CITY OF SAVANNAH PROJECT), SERIES 2014 (the “Bonds”), to provide funds for the purposes of currently refunding a portion of the outstanding Downtown Savannah Authority Capital Improvement Revenue Bonds (City of Savannah Project), Taxable-Build America Bonds -Direct Payment, Series 2009B, in order to achieve interest cost savings, and paying expenses incurred in connection with the issuance of the Bonds; and WHEREAS, pursuant to an Intergovernmental Contract (the “Contract”) between the Authority and the City, to be dated the date of issuance and delivery of the Bonds, the City will make payments to the Authority sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due; and WHEREAS, the Bonds shall be issued in the aggregate principal amount, bear interest at rates per annum and mature (or be subject to scheduled mandatory redemption) in the years and principal amounts set forth in a bond resolution (the “Bond Resolution”), adopted by the Authority on the date hereof, a certified copy of which Bond Resolution has been presented to this meeting; and WHEREAS, under the terms of the Contract, the City will make payments to the Authority sufficient to pay, when due, the principal of and interest on the Bonds; NOW, THEREFORE, BE IT RESOLVED, as follows: Section 1. Authorization of Contract. The execution, delivery and performance of the Contract are hereby authorized and approved. The Contract shall be in substantially the form presented to this meeting, subject to such changes, insertions or omissions as may be approved by the Mayor or City Manager, and the execution of the Contract by the Mayor or City Manager and the attestation of the same by the Clerk of Council as hereby authorized, shall be conclusive evidence of such approval. Section 2. Approval of Acceptance of Bid for Purchase of Bonds. The acceptance by the Authority of the best bid for the purchase of the Bonds pursuant to a resolution adopted by the Authority on the date hereof, a certified copy of which resolution has been presented to this meeting, is hereby approved. Section 3. Authorization for Validation of Bonds. In order to carry out the issuance of the Bonds, and pursuant to the Constitution and laws of the State of Georgia, the Bonds must be validated through the Superior Court of Chatham County and the City will be made a party defendant to the validation proceedings. The Mayor or City Manager is hereby authorized to acknowledge service of the validation petition and to file an answer in said proceedings. Section 4. General Authorization. From and after the execution and delivery of the documents hereinabove authorized and approved, the proper officials of the City are hereby authorized, empowered and directed to do all acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of said documents as executed, 9  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 and are further authorized to take any and all other actions and execute and deliver any and all other documents as may be necessary in the issuance of the Bonds and the execution and delivery of the Contract and all other documents authorized hereby. Section 5. Approval of Acts. All acts and doings of the officials of the City which are in conformity with the purposes and intents of this resolution and furtherance of the issuance of the Bonds, and the execution, delivery and performance of the Contract and all other documents authorized hereby shall be, and the same hereby are, in all respects approved and confirmed. ADOPTED this 20th day of March, 2014. A RESOLUTION SUPPORTING LOCAL TRUCK DRIVERS WHEREAS, the goods movement industry, and port trucking in particular, is vital to the economy of the City of Savannah, which is home to dozens of trucking companies serving the Port of Savannah and other businesses in our community, and WHEREAS, there are over one thousand truck drivers who live in and around Savannah that perform the critical work of moving billions of dollars' worth of cargo each year to and from the Port of Savannah and our city, and WHEREAS, raising truck drivers standard of living would further increase the economic benefit to the City of Savannah, by improving wages and benefits and increasing economic activity in our community; RESOLVED, that the Savannah City Council hereby affirms its support for local drivers and the Savannah trucking community. RESOLVED AND ORDERED, this 20th day of March, 2014. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO SUBRECIPIENT AGREEMENTS WITH UNION MISSION, INC., PROJECT SPONSOR, FOR HOUSING OPPORTUNITIES FOR PERSON WITH AIDS (HOPWA) COMPETITIVE RENEWAL GRANT FUNDS AWARDED BY THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TOTALING $992,471.00 . WHEREAS the City of Savannah ha s been awarded two FY2013 Hou sing Opportunities for Persons With AIDS Competitive (HOPWA-C) grants, on behalf of project sponsor , Union Mission, Inc., from the U.S. Department of Housing and Urban Development totaling $992,471; and WHEREAS these two HUD HOPWA-C grants are in the amount of $703,089 for GA-H130028 and $289,382 for GA-H130029; and 10  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 WHEREAS it is necessary for the City to enter into a grant agreement in the amount of $683,914.00 with Union Mission, Inc. to implement the project known as Project House Call­ Renewal #5. This amount repre sents the total grant amount of $703,089.00 less $19,175.00 in grantee administrative fees to be retained by the City of Savannah; and WHEREAS it is necessary for the City to enter into a grant agreement in the amount of $28 1,490.00 with Union Mission , Inc. to implement the project known as Daniel-Flagg Villas­ Renewal #4. This amount represent s the total grant amount of $289,382 .00 less $7,892.00 in grantee administrative fees to be retained by the City of Savannah. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Aldermen of the City of Savannah , Georgia, hereby resolve and authorize Stephanie S. Cutter, City Manager, to enter into two grant agreements with Union Mission, Inc. for the purposes cited above. ADOPTED AND APPROVED: March 20, 2014. Upon motion of Alderman Johnson, seconded by Alderman Bell and unanimously carried the agenda was amended to add item 18.3 a Resolution celebrating the life of Mrs. Elizabeth K. Bell. RESOLUTION CELEBRATING THE LIFE OF MRS. ELIZABETH K. BELL. WHEREAS: Mrs. Elizabeth K. Bell was a native of Halcyondale, Georgia and the widow of Edward Bell, Sr., entered into eternal rest on Saturday, March 15, 2014 at Candler Hospital; and WHEREAS: In 1962, Mrs. Bell was one of the founders of the Savannah Beauty Culturist League and served as president. She received many awards from the Georgia State and Beauty Culturist League and served as its Chaplain; and WHEREAS: Mrs. Bell served as Chaplain of the Sisters Network, the Kelly Family Circle, as well as President of the Socialites' Club and a member of the Elite Temple (Benevolent Order of Elks); and the Veteran of Foreign Affairs #660. She was a member of American Legion (William P. Jordan) Post 500 where she was presented a lifetime membership; and WHEREAS: Mrs. Bell was a community activist serving as Taskforce Chairman of the Models City Program, President of the Metropolitan Neighborhood Association, Director of the Beauty and Talent Pageant and taught good grooming at Saint Pius Catholic School; and WHEREAS: Mrs. Bell has always been vocal about helping others in the community as well as active in many organizations. Her affiliations with local organizations and service are commended as well as her fifty plus years of membership at St. Phillip A.M.E. Church where she sang in the choir; and WHEREAS: Mrs. Bell is survived by a daughter, Sandra Foy Johnson (Donald), son, Edward Bell, Jr., son-in-law, Garfield (Bud) Morrow, sibling, Lealer M. Lane, Ann 11  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Powell, Dorothy Solomon, and Van Buren Kelly (Chequeta), four grandchildren, eight great grandchildren, four Godchildren, and a host of nieces, nephews, cousin, other relatives and friends NOW, THEREFORE, BE IT RESOLVED that the Mayor and Aldermen of the City of Savannah, Georgia acknowledge the lifetime accomplishments and service of Mrs. Elizabeth Bell, in recognition and appreciation for her service to this community that has enriched the lives of our citizens and those she loved and mentored. Be It Further Resolved, that a copy of this resolution be presented to her family and made a permanent part of the records of the Savannah City Council meeting of March 20, 2014. ADOPTED AND APPROVED MARCH 20, 2014 Approved upon a motion of Alderman Osborne, seconded by Alderman Hall and unanimously carried. MISCELLANEOUS Right-of-Way Plat – West Mulberry Boulevard. Recommend approval of the right-of-way plat for a proposed 374.58-foot expansion of West Mulberry Boulevard, which is located off of Benton Boulevard in District 1. Recommend approval. Approved upon a motion of Alderman Thomas, seconded by Alderman Osborne and unanimously carried per the City Manager’s recommendation. Final Plat – Highland Falls, Phase 2. Recommend approval of a major subdivision plat of Highland Falls, Phase 2, located off of Highlands Boulevard in District 1. Recommend approval. Approved upon a motion of Alderman Thomas, seconded by Alderman Osborne and unanimously carried per the City Manager’s recommendation. TRAFFIC ENGINEERING REPORTS Intersection of Abercorn Street at Gwinnett Street. The Traffic Engineering Department met with the Victorian Neighborhood Association on Thursday, March 13, 2014, as directed by City Council on February 6, 2014, to discuss the intersection of Abercorn Street and Gwinnett Street. City staff presented the residents with a very detailed summary of the traffic studies conducted at this intersection and its overall conditions, including a detailed crash data history. The Traffic Engineering Department also provided a summary of the recommended improvements to address vehicular and pedestrian safety concerns. It was pointed out that the recommendation to remove twenty-two street parking spaces along Abercorn Street, between Bolton Street and Hall Street, to improve visibility for east- west motorists on E. Gwinnett Street turning onto Abercorn, was not endorsed by Council due to the high number of parking spaces to be lost. The department went on to explain the reason why this intersection does not warrant the installation of a multi-way stop traffic control installation. 12  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Lastly, the department presented the reason for the reconstruction of the intersection’s inclusion of bulb-outs on all four corners of Abercorn at Gwinnett as a way to reduce the width pedestrian must cross when crossing Abercorn Street. This alternative will also move the crosswalk and stop sign on E. Gwinnett further into the intersection, eliminating and mitigating the visibility restriction motorists are currently experiencing at this intersection. Once the residents understood the full details of the recommended alternative they were supportive. Based on these above described conditions it is recommended that the Traffic Engineering Department be directed to proceed with implementation of the necessary improvements at the intersection of Abercorn and Gwinnett Street to improve vehicular and pedestrian safety in the area. Recommend approval. Approved upon a motion of Alderman Osborne, seconded by Alderman Johnson and unanimously carried per the City Manager’s recommendation. Ordinance to cover will be drawn up for presentation at the next meeting of Council. Request to Convert Multi-Way Stop to Two-Way Stop at Lorwood and Skyline Drives. During a meeting of the Paradise Park Neighborhood Association, residents requested that the City evaluate whether a four-way stop is still needed at Lorwood and Skyline Drives. This intersection is located in the Paradise Park neighborhood, east of White Bluff Road. The neighborhood is residential in character and the intersection is currently controlled by stop signs at all four corners. The results of traffic volume studies conducted by the Traffic Engineering Department indicate that approach volumes on Lorwood Drive and Skyline Drive are approximately 1,900 vehicles per day and 200 vehicles per day respectively. The Manual on Uniform Traffic Control Devices directs that multi-way stop control be used where traffic volumes on intersecting roads are approximately equal. At this location just under 10% of the total number of vehicles enter the intersection from Skyline Drive. A review of collisions at this intersection over a 36-month period from 2011 to 2013 revealed that there was one crash reported. A multi-way stop warrants five crashes over a 12-month period as stated in the Manual on Uniform Traffic Control Devices. Recommend that the stop control on Lorwood Drive be removed to allow east and west-bound traffic to flow freely. Traffic on Skyline Drive will still stop at Lorwood Drive. Recommend approval. Approved upon a motion of Alderman Sprague, seconded by Alderman Shabazz and unanimously carried per the City Manager’s recommendation. Ordinance to cover will be drawn up for presentation at the next meeting of Council. BIDS, CONTRACTS AND AGREEMENTS Upon a motion by Alderman Thomas, seconded by Alderman Sprague and unanimously carried, the following bids, contracts and agreements were approved per the City Manager’s recommendations: 13  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Security Services for I & D Water Plant – Annual Contract Renewal – Event No. 2141. Recommend approval to renew an annual contract for security services at the I & D Water Treatment Plant from Dothan Security Inc. in the amount of $33,750.00. The security services are needed for safety and security of employees and visitors to the I & D Water Plant. The services are provided during normal business hours and do not include weekends or City holidays. This is the first of two renewal options available. Bids were originally received February 12, 2013. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The bidders were: L.B. Dothan Security (Dothan, AL) (F) $ 33,750.00 Norred & Associates, Inc. (D) $ 38,760.00 AP Security Agency (A) $ 38,910.00 Saber Security & Investigation (E) $ 39,300.00 Vescom Corporation (D) $ 40,170.00 Funds are available in the 2014 Budget, I&D Water Fund-Operating/I&D Water Operation/Security Guard Services (Account No. 531-2581-51241). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (A)Indicates local, minority owned business. (D)Indicates non-local, non-minority owned business. (E)Indicates local, woman owned business. (F)Indicates non-local, woman owned business. Recommend approval. VMWare Maintenance – Event No. 2147. Recommend approval to procure VMWare maintenance from Southern Computer Warehouse in the amount of $30,327.90. VMWare is software used by IT to manage server operations on the City's network. The software allows multiple servers to exist on one piece of equipment. These virtual servers support various City services such as email, Lawson, and Govern. Bids were received February 7, 2014. Delivery: As Needed. Terms: Net 30 Days. The bidders were: L.B. Southern Computer Warehouse (Marietta, GA) (D) $30,327.90 Technology Integrated Group (TIG) (C) $31,240.00 Funds are available in the 2014 Budget, Internal Service Fund/Information Technology/Data Processing Equipment Maintenance (Account No. 611-1140-51251). A Pre-Bid Conference was not conducted. (C)Indicates non-local, minority owned business. (D)Indicates non-local, non- minority owned business. Recommend approval. Street Repair and Resurfacing – Annual Contract Renewal – Event No. 2150. Recommend approval to renew an annual contract for street repair and resurfacing from Savannah River Utilities in the amount of $505,100.00. The services will be used by Streets Maintenance for both minor street repairs (pot holes and utility cuts) and street resurfacing. As an annual contract, this contains line item pricing for most services that user departments may need during the upcoming year for repair work. 14  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 This is the last renewal option available. Bids were originally received February 28, 2012. This bid was advertised, opened and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidder was: L.B. Savannah River Utilities (Springfield, GA) (C) $ 505,100.00 SABE Inc. (C) $ 984,671.60 Funds are available in the 2014 Budget, Street Maintenance/Other Contractual Services/Construction Supplies and Materials (Account No.101-2105-51295, 51340). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (C)Indicates non-local, minority owned business. Recommend approval. Tree Root Damage Repair – Annual Contract Renewal – Event No. 2151. Recommend renewing an annual contract for tree root damage repair to Savannah River Utilities (Primary) and Savannah Paving (Secondary) in the amount of $202,300.00. The services will be used by Streets Maintenance to repair sidewalks and streets damaged by the intrusion of tree roots. As an annual contract, this contains line item pricing for most services that user departments may need during the upcoming year for repair work. This is the last renewal option available. Bids were originally received February 21, 2012. This bid has been advertised, opened and reviewed. Delivery: As Needed. Terms: Net 30 days. The bidders were: L.B. Savannah River Utilities (Primary) (Springfield, GA) (C) $202,300.00 L.B. Savannah Paving Co. Inc. (Secondary) (Eden, GA) (D) $305,950.00 Superior Excavation Contractors (F) $355,469.50 SABE, Inc. (C) $515,566.70 Coastline Concrete Services, Inc. (D) $539,980.00 Southern Champion Construction, Inc. (D) $832,000.00 Funds are available in the 2014 Budget, Street Maintenance/Other Contractual Services/Construction Supplies and Materials (Account No.101-2105-51295/ 51340) as well as various Capital Improvement Projects. A Pre-Bid Conference was not conducted as this is an annual contract renewal. (C)Indicates non-local, minority owned business. (D)Indicates non- local, non-minority owned business. (F)Indicates non-local, woman owned business. Recommend approval. Athletic Equipment – Annual Contract Renewal – Event No. 2153. Recommend approval to renew an annual contract to procure various athletic equipment from Equip-it in the amount of $150.00, Aluminum Athletic Equipment Company in the amount of $454.50, Bill Fritz Sports Corporation in the amount of $1,917.98, Riddell/All American in the amount of $9,186.40 and BSN Sports in the amount of $37,600.99 for a grand total of $49,309.87. The athletic equipment will be used by the Leisure Services Bureau to operate youth and adult athletic league games and tennis facilities. The specifications meet required standards for equipment and supplies to operate the various leagues. The low bidder for each line item was selected for award. This is the last renewal option available. 15  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Bids were originally received December 21, 2012. This bid was advertised, opened and reviewed. Delivery: As Needed. Terms: Net 30 Days. The bidders were: L.B. Equip-it (Woodstock, GA) (D) (Partial Bid) $ 9,926.00 L.B. Aluminum Athletic Equip.(Royersford, PA) (F) (Partial Bid) $11,627.10 L.B. Bill Fritz Sports (Apex, NC) (D) (Partial Bid) $17,717.00 L.B. Riddell/All American (Elyria, OH) (D) (Partial Bid) $44,969.55 L.B. BSN Sports (Jenkintown, PA) (D) (Partial Bid) $63,572.78 Funds are available in the 2014 Budget, General Fund/Athletic Services/Sports & Craft Supplies (Account No. 101-6116-51322). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (D)Indicates non-local, non-minority owned business. (F) Indicates non-local, woman owned business. Recommend approval. Rotary Riding Lawnmowers – Event No. 2158. Recommend approval to procure five Kubota rotary riding lawnmowers from Hendrix Machinery in the amount of $88,420.00. The lawnmowers will be used by the Park and Tree and Cemeteries Departments to replace units which are no longer economical to operate or repair. Hendrix Machinery will hold pricing from Event 164, which was a purchase for a single mower approved by the City Manager in January, 2012. Hendrix Machinery is the only authorized Kubota dealer in the area. Bids were originally received December 9, 2011. Delivery: February 23, 2014. Terms: Net-30 Days. The bidder was: L.B. Hendrix Machinery (Pooler, GA) (D) $ 88,420.00 Funds are available in the 2014 Budget, Vehicle Purchases/Vehicular Equipment (Account No. 613-9230-51515). A Pre-Bid Meeting was not conducted as this is a sole source purchase. (D)Indicates non-local, non-minority owned business. Recommend approval. Wireless Services – Annual Contract Renewal – Event No. 2160. Recommend extending an annual contract for one quarter for wireless services from Verizon Wireless in the estimated amount of $96,891.50, the equivalent of two months of the annual contract amount of $581,349.00. This is an extension of the final renewal option of this contract and is valid through May 31, 2014. Verizon offers the City discount pricing based on contracts between Georgia Technology Authority (GTA) and Verizon. The City of Savannah will issue a new RFP for wireless services in March, 2014. Until the new contract is awarded, Verizon will honor the current contract pricing. Proposals were originally received May 22, 2007. The proposal was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The proposer is: B.P. Verizon Wireless (Savannah, GA) (B) $ 581,349.00 16  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Funds are available in the 2014 Budget, Various Departments/Cell Communications (Account No. Various Departments- 51211). A Pre-Proposal Conference was not conducted as this is an annual contract renewal. (B)Indicates local, non-minority owned business. Recommend approval. 3G Modem Upgrade – Event No. 2163. Recommend approval to procure a 3G modem upgrade from Parkeon in the amount of $33,925.00. The 3G modem upgrade will be used by Mobility and Parking Services to replace the 2G modem currently used to operate 57 multi-space meters. Parkeon is the sole source for the modem because it is an additional item to be used with existing equipment and is only available from this source. Delivery: As Requested. Terms: Net 30 Days. The bidder was: S.S Parkeon (Moorestown, NJ) (D) $ 33,925.00 Funds are available in the 2014 Budget, Capital Improvement Projects/Other Costs/Meter Collection (Account No. 311-9207-52842-OP0723). A Pre-Proposal Conference was not conducted as this is a sole source procurement. (D)Indicates non-local, non-minority owned business. Recommend approval. Firefighting Foam and Fire Hoses – Emergency Purchase - Event No. 2166. Recommend approval to procure firefighting foam and fire hoses from Williams Hazard & Fire Control in the amount of $84,257.25. The foam and hoses are kept in stock for emergency responses to industrial fires. The reason for the emergency is that during the Georgia Ports Authority fire all of the stock on hand as well as all stock from other fire departments in the area was depleted while fighting that fire. To ensure that all area fire departments are ready in case of another industrial fire, an emergency purchase was made to replenish the stock immediately. The City will be reimbursed the cost of the foam and hose from Georgia Ports Authority. E.P. Williams Hazard & Fire Control (Mansfield, TX) (D) $84,257.25 Funds are available in the 2014 Budget, Hazardous Material Team, Chemicals/Small Fixed Assets (Account No. 104-5155-51323/51321). A Pre-Proposal Conference was not conducted as this is an emergency purchase. (D)Indicates non-local, non-minority owned business. Recommend approval. Firefighting Foam for Petroleum Fires – Emergency Purchase - Event No. 2167. Recommend approval to procure firefighting foam for petroleum fires from Fireline, Inc. in the amount of $84,677.50. The foam is used in the suppression of petroleum fires and is kept in stock for emergency responses to industrial fires. The City will be reimbursed the cost of the foam from Georgia Ports Authority. The reason for the emergency is that during the Georgia Ports Authority fire all of the foam on hand as well as all foam from other fire departments in the area was depleted while fighting that fire. To ensure that all area fire departments are ready in case of another industrial fire, an 17  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 emergency purchase was made to replenish the stock immediately. The bidders were: L.B. Fireline, Inc. (Winder, Ga) (D) $ 84,677.50 Municipal Equipment Co., LLC (D) $ 96,560.00 Ten-8 Fire Equipment (D) (Partial Bid) $ 59,425.00 Fisher Safety (D) (Partial Bid) $ 36,919.26 Funds are available in the 2014 Budget, Hazardous Material Team/Chemical (Account No.104- 5155-51323). A Pre-Proposal Conference was not conducted as this is an emergency purchase. (D)Indicates non-local, non-minority owned business. Recommend approval. Materials for Upgrade of Lift Stations – Event 2075. Recommend approval to procure electrical materials from City Electric Supply in the amount of $25,666.53. These materials are needed for the rebuilding and electrical upgrade of six lift stations and include numerous types of electrical cables, conduit fittings, and parts. Line item 42 has been cancelled and will not be awarded because a Superstrut Pipe Strap is no longer needed by the department for the project. The bidders were: L.B. City Electric Supply (Garden City, GA) (D) $ 25,666.53 Graybar Electric (B) $ 28,072.25 Hagemeyer (D) $ 30,869.63 Funds are available in the 2014 Budget, Capital Improvements Projects/Other Costs/Lift Station Rehabilitation (Account No. 311-9207-52842-SW0721). A Pre-Proposal Conference was not conducted. (B)Indicates local, non-minority owned business. (D)Indicates non-local, non- minority owned business. Recommend approval. Four High Definition Video Wall Displays – Savannah/Hilton Head International Airport. The Savannah Airport Commission requests approval to purchase four high definition video wall displays from Infax, Inc. in the amount of $121,624.00. The new video wall displays are the second phase of a continuing effort to upgrade and enhance the Airport’s ability to communicate information to passengers in a first-class manner. The four video wall displays will be installed at each bag belt location on the lower level, and will be capable of displaying: Flight status, airport delays, gate and bag belt information, community events, marketing advertisements, and passenger information. The display units will also provide a unique opportunity to welcome visitors to Savannah, with a possible welcome message from the mayor. Each of the video wall displays consist of the installation of four 46” High Definition monitors configured in a 2 x 2 matrix, installation hardware, and a video controller unit. The controller units at each location connect the separate video walls to the existing server and content management software in order to create one complete system. 18  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Infax, Inc. is the Airport’s flight information display system (FIDs) provider and the new video walls will be an extension of the FIDs system; therefore, this is a sole source procurement. Recommend approval. Annual Service Agreement for the P2000 Access Control System (ACS) – Savannah/Hilton Head International Airport. The Savannah Airport Commission requests approval to enter into a contract with Johnson Controls in the amount of $31,930.00 for the Annual Service Agreement for the P2000 Access Control System (ACS). Under this annual agreement, Johnson Controls will provide services, on Airport Commission owned P2000 Security Management System equipment that will ensure the system is performing optimally and system integrity and reliability are maintained. This will reduce system downtime and will limit costs associated with system maintenance. Services include: inspection and preventive maintenance, database back up, software upgrades, repair materials for covered equipment, compliance assurance, emergency service, training, and 24-hour customer support. The following proposals were received: Johnson Controls $ 31,930.00 SDI-isys, LLC No Bid Tyco No Bid Recommend approval. Annual Service Agreement for the Video Surveillance System (VSS) – Savannah/Hilton Head International Airport. The Savannah Airport Commission requests approval to enter into a contract with SDI-isys Corp., LLC in the amount of $38,350.00 for the annual Service Agreement for the Video Surveillance System (VSS). Under this annual agreement, SDI-isys Corp, LLC, will provide services, on Airport Commission owned equipment (Pelco Endura Appliances and related equipment) to ensure the system is performing optimally and the integrity and reliability of the system are maintained. This will reduce system downtime and will limit costs associated with system maintenance. Services include inspection and preventive maintenance and Emergency Service and 24-hour customer support. The following proposals were received: SDI-isys, LLC $ 38,350.00 Johnson Controls $ 55,895.00 Tyco No Bid Recommend approval. Upgrade of Building Automation System (BAS) Alerton Controls on Fan Terminal Units – Savannah/Hilton Head International Airport. The Savannah Airport Commission requests approval to enter into a contract with Brooks Air Systems in the amount of $122,325.00 for the Upgrade of Building Automation System (BAS) Alerton Controls on Fan Terminal Units. The controls are being upgraded because the existing Alerton Ibex controllers have reached their lifecycle. They are unreliable and obsolete, and therefore no longer supported. Brooks Air will provide labor and materials to upgrade existing and obsolete Alerton Ibex field controllers and sensors to Alerton BacTalk field controllers and sensors for the Terminal Concourse and Central Plant. This includes the installation of new field controllers, space sensors, duct sensors, well sensors, VAV/FTU damper actuators, installation, programming, and start up. Brooks Air 19  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 System is the sole Building Automation System (BAS) Alerton Control supplier and service provider in the region. All labor and material costs are in accordance with the guidelines of the Airport Commission annual service agreement with Brooks Air Systems. Recommend approval. Participation in the Visit Savannah Advertising Campaign – Savannah/Hilton Head International Airport. The Savannah Airport Commission requests approval to participate in the Visit Savannah Advertising Campaign in the amount of $120,000. Visit Savannah has entered into an agreement with Orbits Worldwide and three other online travel websites for a spring/summer co-op advertising campaign. The campaign will highlight Savannah/Hilton Head International Airport and will be marketed to nonstop destinations. Visit Savannah has found these partnerships to be their highest return on investment expenditures offering measurable results. The campaign is scheduled to launch in the summer and will run through November 2014. This will be the Airport Commission’s fourth year of participation. Recommend approval. Water and Sewer Agreement – Heard Elementary New Wing Addition. Savannah Chatham County Public School System has requested a water and sewer agreement for Heard Elementary New Wing Addition. The water and sewer systems have adequate capacity to serve this 18.2- equivalent residential unit development located at 414 Lee Boulevard. The agreement is consistent with policy directives given by the Mayor and Aldermen and has been reviewed and approved by the City Attorney for legal format. Recommend approval. ALCOHOLIC BEVERAGE LICENSE SHOW CAUSE HEARINGS Dosha Ultra Bar and Lounge. A hearing for the Dosha Ultra Bar and Lounge at 128 E. Broughton Street to show cause why its alcoholic beverage license should not be revoked. Mayor Jackson asked Darrell Bryant, Dosha Ultra Bar and Lounge, Owner to come forward. Brooks Stillwell, City Attorney stated at the Council meeting of March 5, 2014 Council directed him to send a letter to Mr. Bryant, to show cause why his alcoholic beverage license should not be revoked. He asked Mr. Bryant if he received the letter and he responded in the affirmative. He then asked Mr. Bryant if he was aware he has a right to counsel for this hearing. Mr. Bryant replied yes and stated Larry Chisolm was his attorney and informed him he would contact Attorney Stillwell’s office today however, he hasn’t spoken to him since. Attorney Stillwell stated he spoke to Mr. Chisolm who stated he did not represent Mr. Bryant at this point. He then asked Mr. Bryant if he would like to proceed with the hearing. Mr. Bryant responded he would like to have a continuance. Attorney Stillwell replied the hearing was properly noticed and informed Council there was no legal reason not to proceed. Attorney Stillwell stated the hearing will be conducted as follows: he will outline to Council the grounds for which the revocation is being requested, witnesses for the City of Savannah will then present evidence and reasons for the revocation, Mr. Bryant will have an opportunity to cross examine if he chooses and bring forward any evidence or witnesses if applicable. Attorney Stillwell asked Mr. Bryant if he understood what has been stated. Mr. Bryant responded in the affirmative. Alderman Johnson stated he understood Mr. Bryant to request a continuance and asked if there was a ruling from the chair. Attorney Stillwell stated he didn’t hear Mr. Bryant request a continuance and there are no legal reasons to grant a continuance and referred to Mayor Jackson who asked Council what their pleasure was. Alderman Osborne asked Mr. Bryant if he 20  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 was unaware Mr. Chisolm would not be present at the meeting today. Mr. Bryant stated Mr. Chisolm is the third one he contacted the other two changed their minds about representing him. Alderman Osborne stated she feels Council should precede with the hearing. Alderman Hall asked if a continuance is granted when the next possible hearing date is. City Manager Cutter replied 2 weeks - April 3, 2014. Alderman Hall stated he would like to afford Mr. Bryant due process and give him the opportunity to have legal counsel present. Alderman Bordeaux stated he agrees with Alderman Hall that someone that is in danger of losing their alcoholic beverage license should have counsel present. He asked Mr. Bryant if he tried to obtain counsel before today. Mr. Bryant replied yes the first two changed their minds one said he wasn’t comfortable and the other was going out of town. He contacted Mr. Chisolm after finding out this information and is in the process of hiring him. Alderman Bordeaux stated he understands the process and asked him if he has hired Attorney Larry Chisolm. Alderman Bordeaux asked Mr. Bryant if he has paid money to any attorney. Mr. Bryant responded yes, Mr. Chisolm. Alderman Bordeaux referred to Attorney Stillwell asking if he spoke to Mr. Chisolm and if he is Mr. Bryant’s attorney. Attorney Stillwell stated he spoke to Mr. Chisolm who stated he has not received a retainer and was not representing him at this point. Mr. Bryant stated that was this morning when Mr. Chisolm was trying to gather information on the case for him at which time Mr. Bryant had not hired him yet. Alderman Bordeaux asked Mr. Bryant when he hired Mr. Chisolm. Mr. Bryant replied about an hour before he arrived to the hearing. Alderman Johnson asked Mr. Bryant if he had a receipt for the payment he made to Mr. Chisolm. Mr. Bryant replied he wasn’t the person that went to make the payment. Alderman Sprague asked when Mr. Bryant was notified of the hearing and if Council decides not to proceed with the hearing what will be the status of his license. Attorney Stillwell replied Mr. Bryant was notified of the hearing on March 6, 2014 and from a standpoint of operation it wouldn’t matter. Alderman Hall asked Mr. Bryant again if he hired Mr. Chisolm. Mr. Bryant replied yes. Alderman Hall then asked Attorney Stillwell to swear in Mr. Bryant. Attorney Stillwell swore him in then asked him if he hired Mr. Chisolm to be his lawyer in this case and if he has paid him a fee. Mr. Bryant responded in the affirmative to both questions. Alderman Bordeaux asked him what the amount he paid to Mr. Chisolm was and how it was paid. Mr. Bryant responded it was cash; he contacted a friend and asked him to go to Mr. Chisolm’s office while he was in route to the hearing. Alderman Thomas asked Mr. Bryant if he was currently open in any capacity. Mr. Bryant responded no. Alderman Johnson proposed a 5 minute recess so Attorney Stillwell could very Mr. Bryant’s statements. Mayor Jackson stated Council will recess for 5 minutes to allow Attorney Stillwell to contact Mr. Chisolm. She stated if Mr. Chisolm doesn’t confirm Mr. Bryant’s statements the hearing will proceed. Attorney Stillwell contacted Mr. Chisolm who stated Mr. Bryant did not show up to his office, has not contacted him nor has he received a fee. Alderman Thomas stated to Mr. Bryant under oath he told Council he paid Mr. Chisolm and asked if he was being dishonest. Mr. Bryant replied he tried to contact the individual that was supposed to pay Mr. Chisolm but was unable to reach him. Mayor Jackson turned the hearing back over to Attorney Stillwell. Attorney Stillwell stated under the City code holding an alcoholic beverage license is a privilege and not a right and if these laws are violated the license can be revoked. Mr. Bryant has been cited for three separate code violations. Attorney Stillwell swore in the following people: Lt. David Gay, Sgt. Andrea Williams, Charles Roberts and Matt Ogburn. Attorney Stillwell asked Lt. Gay to state his name and outline for Council his position at SCMPD and general practices when complaints are filed against establishments. 21  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Lt. Gay stated he is the supervisor of Alcohol Beverage Control (ABC). Lt. Gay stated: The police department, and other members of the ABC Team, recognizes the importance that alcohol plays in certain parts of our local business community. Our local entertainment culture can best be described as robust, vibrant and eclectic. In fact, it’s this diversity that attracts such a wide array of people to Savannah and allows these businesses to flourish. However, we also recognize our obligation to ensure that businesses operate responsibility within our existing laws and ordinances. So we strive to strike this balance between fostering businesses while also ensuring compliance. Attorney Stillwell asked Lt. Gay what occurrences happened which led him to pay more attention to Dosha Ultra Bar and Lounge. Lt. Gay replied in October 2013 the license was transferred to Mr. Bryant, in November 2013 officers were dispatched several times that night because shots were reported to be fired and a fight broke out; in January 2014 officers were dispatched due to a shooting but were denied entry, a victim arrived at the hospital 30 minutes later and officers returned to the establishment where shell casings were found outside the building. The eighteen year old victim informed officers he was in the bar and in the process of leaving when an argument occurred and shots were fired when he was shot outside the bar. An Administrative Review was scheduled with Mr. Bryant for January 14, 2014. Lt. Gay stated he asked Mr. Bryant during that time if he allows smoking in the establishment and he replied no but pictures on the establishment’s website clearly indicate individuals smoking inside. They discussed with him the importance of taking control of his business. He was informed if the problems were not abated he would be subject to a show cause hearing. On all occurrences officers reported they smelled burnt marijuana coming from the club. On January 24, 2014 two undercover officers were sent inside the establishment as patrons. The officers witnessed a young lady, smoking marijuana from a hookah pipe while Mr. Bryant was present. In February 2014 a male was seen with a clear sandwich bag with marijuana, rolling a blunt and smoking. On February 23, 2014 officers responded to a fight at the club and while on scene another fight broke out in the club which ended up in a stampede. A 19 year old was shot that later admitted to being in the club, in addition buildings and cars were struck during the time. Attorney Stillwell asked Mr. Bryant if he would like to ask Lt. Gay any questions. Mr. Bryant stated he wanted to refer back to a comment Mayor Jackson made about witnesses being in Council Chambers and asked if it would be possible for witnesses to give their testimony and he still have his right to speak. Mr. Bryant stated he doesn’t have any questions for Lt. Gay but wanted to know if he would still be able to bring an attorney back to represent him. Alderman Thomas asked Lt. Gay what would trigger a show cause hearing and if these events described happened in another area of the City would a show cause hearing be held. He stated the first couple of minutes of the testimony given blew his mind and he is concerned that the business was allowed to continue to operate for so long. Lt. Gay responded he would like to think there aren’t any other establishments in the City with issues of this magnitude. Attorney Stillwell stated he wanted to point out these events occurred in a 4 month timeframe. Alderman Hall stated in the beginning he was willing to say Mr. Bryant needed to represented, by counsel but feels some individuals are unable to manage bars and he is one of them. Alderman Johnson asked what the number of calls for service of the establishment during the time of operation. Lt. Gay stated the information was pulled and a number of those complaints came from the hotel across the street and a number of calls that may have come in late at night. Sgt. Andrea Williams, ABC stated she is familiar with issues at Dosha. Sgt. Williams replied yes. She stated she wasn’t present during the shooting incidents but received emails after the incident occurred. He concern was officers weren’t allowed access to the premises and each time 22  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 she was informed of incidents at the club officers stated they smelled burning marijuana coming from inside which prompted her to schedule the administrative meeting. Sgt. Williams stated an undercover agent was sent into the establishment to see if she could gain access and purchase an alcoholic beverage the results were positive. She was allowed access, given a wrist band and sold an alcoholic beverage. Attorney Stillwell asked Mr. Bryant if he had any questions for Sgt. Williams he stated he understands a great deal of these incidents are bad but he has been working closely with Sgt. Williams since them to correct the problems in the club. Attorney Stillwell asked Charles Roberts to come forward who stated he was one of the partners of HLC Hotels which owns and operates 7 hotels in the City of Savannah one being the Marshall House. Attorney Stillwell asked Mr. Roberts if he has had occasion to witness problematic behavior at Dosha Ultra Bar and Lounge. Mr. Roberts responded yes and stated they have registered over 33 complaints from guest between October and February. Attorney Stillwell asked Mr. Roberts to outline the general nature of the types of complaints received without going into a great length of detail. Mr. Roberts stated they range in severity from loud noise that can be heard inside the Marshall House, loitering, screaming obscenities that can be heard in the Marshall House, fights between individuals and groups and gun shots. Attorney Stillwell asked Mr. Roberts if 33 separate complaints were filed and if he considers this club to be a public nuisance in the area. Mr. Roberts replied yes and stated 19 calls were made to the police during that period and he does feel it is a public nuisance. Attorney Stillwell asked Mr. Bryant if he had any questions to ask Mr. Roberts he replied no. Special Agent Matt Ogburn, Georgia Department of Revenue Alcohol & Tobacco Unit stated his dealings with Mr. Bryant began in September 2013 when he issued a cease and desist order because the previous owner turned in their State license. On September 26, 2013, Mr. Bryant received a license from the state of Georgia but on February 24, 2014 he issued another cease and desist order to his business because he does not have 2014 state license and has not applied for one and it is a requirement and without it is in violation of the law. Attorney Stillwell asked Mr. Ogburn if Mr. Bryant were to apply for a 2014 state license would it be granted. He replied no, he would ask for it to be denied and Dosha has not remitted or paid sales tax to the state of Georgia since opening. Alderman Johnson stated regardless to what Council decides Mr. Bryant is in violation and cannot get a state alcohol license. Mr. Ogburn replied it would have to go before review but he would recommend denial. Mr. Bryant stated he did not have any questions for Mr. Ogburn. He understands the information heard was overwhelming but he has been working hard to correct the issues. Attorney Stillwell asked Mr. Bryant if he has a state alcoholic beverage license currently, if he had one in 2014 and if he was aware that he is required to have one according to the state law. He replied no to both questions and stated he applied for the state alcoholic beverage license and is sure it there is some record of it. He stated he paid for it when he paid for his city license. Attorney Stillwell asked Mr. Bryant how the payment was made. He replied with a credit card over the phone. Attorney Stillwell asked him if he had a receipt to show where he made the payment. Mr. Bryant replied not with him but he could pull up his bank statement. Alderman Bordeaux asked Mr. Bryant if he was awaiting the outcome of today’s hearing to pay his state taxes. Mr. Bryant replied no it was his intention to pay the taxes but wanted to wait until after today. Alderman Thomas asked Mr. Bryant if he owns the location or rents. Mr. Bryant replied he pays $5,000 in rent a month to Kevin Cohen. 23  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Alderman Hall stated to Mr. Bryant that he has violated all the rules and regulations associated with having an alcoholic beverage license and it is his assumption that he feels the city should excuse him and give him another chance. Mr. Bryant replied yes he would like that and takes full responsibility for the incidents that occurred at this club and has taken measures to correct the issues. Alderman Bell stated this has been enlightening and told Mr. Bryant that these issues are very serious and she agrees with Alderman Hall’s statement and believes he should rethink the line of business he is in. Mr. Ogburn stated since he has opened in 2013 he has not paid any state sales taxes. He also stated he was unable to complete an administrative inspection of the business because it did not have a 2014 state license and he ordered a cease and desist in 2014. Attorney Stillwell swore in Judee Jones, Revenue Department Mayor Jackson asked Ms. Jones if Mr. Bryant is up to date with his city taxes. Ms. Jones stated Mr. Bryant has paid all of 2013 taxes and paid January through March and has paid his alcohol license fees. Attorney Stillwell asked Mr. Bryant if he had any witnesses that he would like to speak on his behalf. Jacquelyn Someso came forward on behalf of Mr. Bryant and stated she feels he needed legal representation during today’s hearing. She also stated she has given him her full support and told him she would assist him with rectifying the violations he has received since she is seasoned in the business. Alderman Bordeaux asked Ms. Someso if she was aware Mr. Bryant had over 2 weeks to get legal representation. Ms. Someso stated if she knew Mr. Bryant didn’t have legal representation she would have told advised him it wasn’t a good idea. Marquis Ingram a Promoter for Dosha spoke on behalf of Mr. Bryant and stated he went to the Marshall House on his own and asked if there was anything they could do to help rectify the complaints being received. Mr. Ingram also said there’s only so much club owners can do and Mr. Bryant shouldn’t be held responsible for everything that has happened. He stated he believes Council never gave Mr. Bryant a fair chance. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried. Upon motion of Alderman Hall, seconded by Alderman Thomas and unanimously carried with the following voting in favor: Mayor Jackson, Aldermen Johnson, Thomas, Osborne, Bell, Bordeaux, Sprague, Hall and Shabazz the alcoholic beverage license was revoked. Alderman Thomas stated after listening to the hearing he is concerned about where staff is with the alcohol review ordinance that is supposed to be brought back to Council and he would like to receive an overview from Lt. Gay and other ABC department leaders on the process. He would also like to know what triggers a show cause hearing, he feels this hearing occurred too late but commended the City Manager for utilizing her power to shut the location down. He feels Council 24  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 should be made aware of other locations that are a nuisance in the City of Savannah. Alderman Thomas continued stating there should be landlord responsibly and some type of morality clause in the ordinance for landlords that are renting locations to tenants that knowingly accepts the rent when issues as such are going on. He feels landlords should be held just as responsible as the tenants. He requested the City Manager to have a Council work session soon on the ABC process and what triggers a show cause hearing. Alderman Johnson reminded Council they recently went through a similar situation with Taco Abajo when a police officer was assaulted but Council voted to keep the location open. He feels Council needs to be consistent in all issues relating to establishments when issues as such arise. Aldermen Osborne and Bell stated she agrees with Alderman Thomas and would also like to hear how the process works and feels there is selective enforcement. Mayor Jackson made a recommendation that an assessment is made of the procedure being used on local bars and what causes a show cause hearing. She stated too many excuses were made with this establishment. The following announcements were made: Alderman Bell announced Ask an Alderman in District 6 with Alderman Thomas will be held Monday, March 24, 2014 from 6:00 p.m. to 8:00 p.m. at the Armstrong Center located at 13040 Abercorn Street. Alderman Johnson announced March 31, 2014 is an important date to ensure health coverage. The City of Savannah will be hosting an event at the Savannah Civic Center from 10:00 a.m. to 1:00 p.m. on Saturday, March 22, 2014. Alderman Shabazz invited the public and all residents of the 5th District to come out to “Saturday’s with Alderwoman Dr. Shabazz” at Shabazz Seafood Restaurant located at 502 West Victory Drive. The open forum will be held every 4th Saturday the upcoming dates are as follows: March 22, 2014 April 26, 2014 and May 24, 2014. Alderman Johnson commended City staff on their massive efforts during St. Patrick’s Day. He believes everyone had a wonderful time and there were very little arrests made. Mayor Jackson stated she would like to recognize everyone involved at one of the upcoming Council meetings. She also thanked the Reserve officers that played a major role in the festivities. Attorney Stillwell congratulated Assistant City Attorney Shearouse who was inducted as President of the Hibernian Society. Mayor Jackson thanked all the Police Officers present at the meeting today. There being no further business, Mayor Jackson declared this meeting of Council adjourned. 25 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING March 20, 2014 Dyanne C. Reese, MMC, Clerk of Council 26