City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA April 2, 2015 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 Steve Dantin, Executive Director of Christ Church Anglican followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna Jackson, Presiding Mayor Pro-Tem Van Johnson, II Alderman Mary Osborne, Vice-Chairman of Council Alderman Tony Thomas, Chairman of Council Aldermen, Mary Ellen Sprague, John Hall, Carol Bell Estella Shabazz (left at 3:30 p.m. returned at 4:10 p.m.), Tom Bordeaux City Manager Stephanie Cutter City Attorney W. Brooks Stillwell Assistant City Attorney William Shearouse Assistant City Attorney Lester B. Johnson, III MINUTES Upon motion of Alderman Johnson, seconded by Alderman Osborne, unanimous approval was given for the Mayor to sign an affidavit and resolution on Litigation, Personnel and Real Estate for an Executive Session held today where no votes were taken. (SEE RESOLUTIONS) Upon motion of Alderman Osborne, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the Emergency City Council meeting of March 14, 2015. Upon motion of Alderman Osborne, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the City Manager’s briefing of March 19, 2015. Upon motion of Alderman Osborne, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the City Council meeting of March 19, 2015. Upon motion of Alderman Osborne, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the City Council meeting of March 22, 2015. Upon motion of Alderman Johnson, seconded by Alderman Sprague, and unanimously carried Approval for the Mayor to sign an Affidavit and Resolution on Litigation pending Mediation and Personnel for an Executive Session held on March 22, 2015 where no votes were taken. 1  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 APPEARANCES Daniel A. O’Neill, President of the Savannah Chapter of the American Institute of Architects along with Ryan Murphy, President-Elect and several other AIA members appeared to receive a proclamation designating April 12-18, 2015 as “National Architecture Week” in Savannah. Mr. O’Neill introduced the members present with him. Alderman Hall read and presented the proclamation. Olufemi Gordon, Coach and the Beach High Lady Bulldogs appeared to be recognized for being District Champions and runner-up State Champions. Coach Gordon introduced her coaching staff and the Lady Bulldogs. Mayor Jackson and Alderman Johnson presented the Coach and team with a Certificate of Congratulations from the Mayor and Aldermen. Bakari Bryant, Coach and the Jenkins High Warriors appeared to be recognized for winning the Class AAA Championship. Coach Bryant introduced his coaching staff and the Warriors. Alderman Hall presented the Coach and team with a Certificate of Congratulations from the Mayor and Aldermen. 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. Jeffrey G. Henry for Kroger Company t/a Kroger Company, requesting to add wine (tasting) to an existing beer and wine (package) license at 318 Mall Boulevard. The location is between Hodgson Memorial Drive and Abercorn Street in District 4. The applicant plans to continue to operate as a grocery store. (New request/existing business) (The hearing was continued from March 5, 2015 at the applicant’s request.) Recommend approval. Alderman Sprague asked Mr. Henry how much wine customers will be allowed to taste and what is the difference between this and a bar. Mr. Henry replied they will be very limited on what is given to each customers, it will be a controlled environment and managers will be throughout the store to monitor the progress. Alderman Sprague asked how staff will monitor that they are not giving wine to minors. Mr. Henry replied staff is trained and they do it every day by selling beer and wine currently. Alderman Sprague asked will this go on all the time. Mr. Henry replied no, only when special wines are being brought and during the holidays. Hearing closed upon motion of Alderman Hall, seconded by Alderman Thomas and unanimously carried. Approved upon motion of Alderman Sprague, seconded by Alderman Hall and unanimously carried. Ankita A. Patel for Mickey’s Beverage, requesting to transfer a liquor, beer and wine (package) license at 2714 Montgomery Street. This location is between Victory Drive and W. 44th Street in District 5. The applicant plans to continue to operate as a package store. (New management/existing business) (The hearing was continued from March 19, 2015 because the applicant was not present.) Recommend approval. Alderman Shabazz stated she is pleased to say the business has been well kept over the years and is a landmark in the District. Alderman Johnson asked Ms. Patel 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 2  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 rules and regulations the license can be revoked; if she promised to comply with those rules and regulations. Ms. Patel responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Shabazz and unanimously carried. Approved upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried. Thomas E. Dennard III for Savannah Bee Company, Inc. t/a Savannah Bee Company, requesting a wine (package) (tasting) license at 1 W. River Street. This location is between Bull Street Ramp and Barnard Street Ramp in District 1. The applicant plans to operate as a gift store. (New request/existing business) Recommend approval. Alderman Johnson asked Mr. Dennard 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. Mr. Dennard responded yes to all questions. Alderman Bordeaux asked Mr. Dennard how serving alcohol works in the context of his business. Mr. Dennard replied in the context they are everything bees, but honey wine is the original alcoholic beverage. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried. Approved upon motion of Alderman Johnson, seconded by Alderman Bell and unanimously carried. Ming Lin Zhang for Boiling Seafood, Inc., t/a Boiling Seafood, requesting a beer and wine (drink) license with Sunday sales at 7805 Abercorn Street. This location is between Echols Street and White Bluff Road in District 4. The applicant plans to operate as a full-service restaurant. (New ownership/new request) Recommend approval. Mayor Jackson asked Mr. Zhang if they will only serve boiled seafood. He replied no they will serve other food items as well. Alderman Sprague asked Mr. Zhang 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. Mr. Zhang responded yes to all questions. Mayor Jackson asked Mr. Zhang when he plans to open. He replied around April 20th. Hearing closed upon motion of Alderman Sprague, seconded by Alderman Hall and unanimously carried. Approved upon motion of Alderman Sprague, seconded by Alderman Hall and unanimously carried. Ketan D. Patel for Rucha Trading, Inc. t/a David’s Market, requesting a beer and wine (package) license at 1820 Montgomery Street. This location is between W. 34th Street and W. 35th Street in District 5. The applicant plans to operate as a grocery store. (New ownership/ new request) Recommend continuing the hearing to April 16, 2015. Hearing continued to April 16, 2015 upon motion of Alderman Johnson, seconded by Alderman Thomas and unanimously carried. Robert Griffin for Flip Flop Tiki Bar & Grill, Inc. t/a Savannah Beach, requesting liquor, beer and wine (drink) license with Sunday sales at 117 Whitaker Street. This location is between State Street and Broughton Street in District 5. The applicant plans to operate as a full-service restaurant. (New management/existing business) Recommend approval. Alderman Johnson asked that the record reflect this establishment is in District 1. Alderman Bordeaux asked for clarification on the memo in the file in reference to the establishment attempting to open without a license. City Manager Cutter asked that Cindy Landholt, Revenue Director explain the memo. Ms. Landholt stated the memo describes the timeline of events that have taken place with the location. She continued stating the business came before Council in January 2015 and was 3  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 approved as a transfer. That applicant surrendered the license which is why Mr. Griffin is present to get a new license for the establishment. Alderman Bordeaux asked for an explanation of the specific event which occurred around St. Patrick’s Day when the establishment was attempting to have a private party and sell alcohol. Ms. Landholt replied the previous license holder Mr. O’Hora turned in the license on March 11, 2015. During a routine enforcement check while with the Georgia Department of Revenue information was received that the business was open. At that time the Georgia Department of Revenue determined since they did not a current City of Savannah license and had surrendered the State license but was reissued another one they should stop operating. They stopped temporarily and during the routine check it was discovered they reopened and was having a private party. They were asked at that time to cease and they did so immediately. Ms. Landholt stated Mr. Griffin although he is an owner was not present at the location at the time the party was going on another manager of the business was present. Attorney Stillwell stated the employee who was the license holder had an altercation with the owners. The owners applied for a transfer however, before the paperwork could get completely filed the disgruntled employee snatched the license and turned it in. the owners have been punished severely as they were not allowed to operate during St. Patrick’s Day. He stated it was not a situation where someone was trying to cheat on a license it has more to do with a disgruntled employee. Alderman Bell stated she was contacted when the series of events occurred and she felt sorry for Mr. Griffin because he wasn’t allowed to open during St. Patrick’s Day. She asked for future reference is there something that could be done by the City. Attorney Stillwell replied not in this case that is something that would have to be reviewed by staff. It was a very unfortunate circumstance for the owner and it is something that should be looked into for the future. Alderman Bordeaux asked does the stated law require that a manager hold the license or could Mr. Griffin have gotten the license to begin. Attorney Stillwell stated he believes it states the individual that will be operating the business that will be on site must hold the license. Alderman Johnson asked Mr. Griffin 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. Mr. Griffin responded yes to all questions. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried. Approved upon motion of Alderman Johnson, seconded by Alderman Hall and unanimously carried. PETITIONS Veronica Jaime of Bravo Food Service (Petitioner) – Petition 140599, requesting that the City quit claim a portion of a City-owned park property (Westside Park) located on Rogers Street in the Hudson Hill/Bayview neighborhood. The petitioner requests the opportunity to purchase this area to accommodate the turning radius of trucks accessing the rear (north) portion of their property. Bravo Food Service is located at 1550 W. Bay Street. A small portion (0.06 acre) of the frontage (south portion) of this property along W. Bay Street was recently acquired by Chatham County as part of the planned road widening project. Trucks are also accessing this property from the rear (northern boundary along Rogers Street), but there is reportedly not enough room for the trucks to turn in and out of the property without driving partially onto and over the City’s 4  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Westside Park property (located across Rogers Street to the north). The Petitioner has requested the right to purchase part of the park to improve access for trucks to their property. As part of the Bay Street road project, Bravo Food Service was compensated for the acquisition of their property frontage along Bay Street and to cure any damages to the remainder parcel. Leisure Services was consulted about the request to subdivide the park and sell-off a portion to Bravo Foods. The Bureau has future plans for the park and advised against selling a portion of the park property at this time. The Traffic Engineering Department also advised against selling a portion of the park property. The Department recommends providing notice to the Property Owner to cease unauthorized encroachment onto City property and request they submit a plan to improve the existing two driveways on Rogers Street to facilitate ingress and egress of trucks without the need to encroach onto the park. Recommend denial of the petition to quit claim, declare surplus and available for sale a portion of the City-Owned Westside Park located on Rogers Street. Recommend denial. Mayor Jackson and Alderman Johnson expressed their pleasure with the recommendation coming from the City Manager as it relates to this item as the playground. Approved upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried per the City Manager’s recommendation. Reynolds Henderson of SRB Servicing LLC (Petitioner and Property Owner) – Petition 140491, requesting that the City approve encroachment within portions of the unopened Echols and Habersham Street right-of-ways for an existing fence and access to the property within that fenced area. The petitioner’s property is addressed as 115 Echols Street; adjacent to both the Echols Street and Habersham Street right-of-ways. The petitioner originally requested that the City declare these portions of property surplus in order that they be made available for purchase, however Public Works and Water Resources recommended denial of the request as the right-of-ways in question contain storm water ditches and are needed for future access and maintenance. Selling of the property would inhibit the City’s ability to perform maintenance as required. Mr. Henderson had a survey of the property completed showing the City’s storm water ditches in proximity to the existing fence (which has been in existence at least since 2008) for further review, and requested a revocable license encroachment agreement in lieu of purchasing the property. The existing fence sits approximately 25’ within the Echols Street and Habersham Street right-of-ways. This revised request was reviewed by Real Property Services and Public Works and Water Resources with no objections offered. Approval is subject to the Property Owner: 1) entering into the City’s standard Revocable License Encroachment Agreement, and 2) obtaining all applicable City issued permits. Recommend approval of the request to encroach within the Echols and Habersham Street right- of-ways for an existing fence at 115 Echols Street as requested by Reynolds Henderson of SRB Servicing LLC through Petition 140491. Recommend approval subject to the conditions noted. 5  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Approved upon motion of Alderman Johnson, seconded by Alderman Osborne and unanimously carried per the City Manager’s recommendation. Harold Yellin (Petitioner) as agent for VZW (Franchisee) – Petition 140570, requesting a non-exclusive franchise agreement to govern the development of a stealth distributed antenna system (DAS) in downtown Savannah to enhance telecommunications capacity and service to residents and visitors to the area. The demand for telecommunications and related data use is growing, especially in Savannah due to increasing tourist and visitor populations. The DAS system would reduce the need for traditional large tower development in the downtown area, and also reduce the need for cell-on-wheel (COW) equipment to enhance service capacity during festivals and special events. The DAS system proposed is a stealth system that would be incorporated into City light poles and other structures. The system would be subject to approval by the City based on location, design, construction, and other specifications. VZW proposes a network of approximately two dozen initial locations. Additional locations may be proposed over the term of the agreement. Each location would be able to service up to four carriers, inclusive of Verizon. The franchise agreement is non-exclusive. VZW would pay the City a base franchise fee of $1,200 per location, and any additional carriers that utilize the premises would also pay the City an equivalent base franchise fee. The franchise fee would escalate each year over the term of the agreement. Locations of the DAS would be governed by a separate Revocable License for Encroachment Agreement. As these would be minor encroachments onto City real property, the City Manager with input from staff would be authorized to review and approve the encroachments. Metropolitan Planning Commission (MPC) staff would review and approve the design, construction, and aesthetics of the poles in accordance with ordinances, as from time to time are amended, and VZW would apply to the City for a permit governing the construction and installation of the poles. Real Property Services and the City Attorney will review the final agreement and make recommendations to City Manager. Award of a non-exclusive Franchise Agreement with Verizon Wireless governing the development of a stealth distributed antenna system (DAS) on certain real property owned by the City of Savannah is recommended as requested by Petition 140570, along with authorization for the City Manager to execute a Revocable License for Encroachment Agreement(s) governing the locations. Recommend approval. Alderman Thomas asked if this petition is on the presentation given in a Work session a few weeks ago. Attorney Stillwell replied yes, the city staff, MPC staff and the Historic Preservation staff have all looked at it. This agreement sets the payment terms and structure on how it works and does not govern the location or what the poles will look like, that will be determined by a separate encroachment agreement signed off on by the City Manager after that matter is signed off on by all the appropriate staff. Alderman Thomas asked if that agreement would come back before Council. Attorney Stillwell replied not the specific locations because at the next Council meeting, Council will receive a new ordinance governing these types of locations which will describe in detail of how it has to be vetted through the Historic Review process and the exact locations will be determined through that process. The structure of the agreement is being approved today locations will be determined at a later date 6  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 and signed off on by the City Manager. Alderman Thomas stated his initial concern was that a monopoly not be created for one company. He asked if Verizon owns the poll will they govern the price they sell space to their competitors. Attorney Stillwell replied yes, the franchise agreement provides that if a competitor wants to utilize available space on a poll they can buy a space on the tower, they would pay the same amount as Verizon would to the City of Savannah and pay to Verizon their prorate cost of the capital improvements of the project but no profit. Alderman Thomas asked is there a standard of what they would sell to their competitors or can they get any amount of money they choose. Attorney Stillwell replied Verizon can recover 25% of the amount of the poll as a cost recovery and can charge a service fee for operating the system, but they cannot charge a profit. The Telecommunications Act requires co-location which means to the maximum extent possible carriers have to use the same towers. The FCC is trying to discourage towers next to each other. Alderman Thomas asked Attorney Stillwell what happens in the event Verizon doesn’t want to put a poll in an area one of the competing companies does, will they be allowed to put up a poll and sell it to other companies. Attorney Stillwell replied it’s a nonexclusive franchise. Alderman Thomas stated the concept is great but what concerns him is that it was thrust on the agenda, and a follow up discussion was needed to answer the concerns from the previous meeting. He asked that the item be tabled until further information is given to Council as there is a great deal of unanswered questions. He wants to be clear that an unfair advantage is not created for one company over another before action is taken and that all questions are answered. Alderman Sprague agreed with Alderman Thomas she stated it was a lot of reading if nothing else and doesn’t answer many questions she has in terms of location and numbers. She asked would it be a burden or if everything can be presented at once in two weeks. Attorney Stillwell replied from the City’s staff standpoint there is not a problem putting it off two weeks. At the meeting of April 16th Council will have the new ordinance governing location and permitting to vote on which needs to be approved before the company can discuss location. He continued stating from his understanding Verizon is under pressure internally with the budget to get the project moving. Attorney Harold Yellin stated it was his understanding the item would be on the agenda two weeks ago. He stated six people came to Savannah at great expense to answer Council’s questions. He stated the project has been ongoing for 2 years and they have met with all staff necessary to move forward. Alderman Johnson asked Attorney Yellin if he was correct that if by delaying the project two weeks for all questions to be answered it would put an undue burden on Verizon Wireless. Attorney Yellin replied it would put a huge burden on them as there are funding issues about getting it funded for this year. He stated the cost is in the millions in order to bring the service to Savannah, four other carriers came to Savannah looked at the project and turned it down because it was too costly. Verizon is prepared to do it but there are budgetary issues getting it into play for 2015. Alderman Thomas stated he’s not in disagreement that this is something good for the City of Savannah his concern is that Council’s questions have not been vetted and he doesn’t believe by asking and answering questions back and forth today will get them vetted. He continued stating he sincerely appreciates a Nationwide Company such as Verizon sending six employees to Savannah to do this major business deal but he thinks they will be well compensated in the future if this goes forward. 7  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Melvin Stieve and Michael Reagan, Project Engineers; Chrissy Agricola, Network Real Estate Specialist; Lael Larusso and Marquis Yates, Design and Performance Engineers; Laura Mayers, Real Estate and Regulatory Specialist came forward. Alderman Sprague stated to Attorney Yellin, if the project was this important he should have ensured it was on the agenda when originally planned and that Council was made aware of it before today. Attorney Stillwell replied they were in negotiations until very recently and staff has been working on it, it was added to the preliminary agenda Monday. Alderman Sprague stated they did not receive it until today and asked why. City Manager Cutter replied it was not ready for the preliminary agenda on Friday it was submitted to her office this week and added to the agenda. Alderman Sprague asked the representatives will the polls have lighting attached to them and will that lighting be comparable to what the City of savannah currently has. Attorney Stillwell replied yes. Mayor Jackson asked how this will fit into the improvements being made on the Broughton Street corridor plan. City Manager Cutter replied there is an approval process that will come later where the Traffic Engineer will have to sign off on location. Alderman Bell asked for clarification on the concerns of Alderman Thomas she asked if the nonexclusive verbiage takes care of those concerns. Attorney Stillwell replied it’s an inherent issue with the co-location requirement created by the FCC rules. Alderman Bell asked can companies randomly charge whatever amount they want. Ms. Mayers replied they co-locate with different carriers, this specific agreement has taken the ordinance into account in addition it prohibits them from making a profit or creating a monopoly. Alderman Johnson stated Council has been down the road before when they haven’t been absolutely clear or comfortable and they had to deal with the consequences that they should have known. He understands there is a process and Council should receive items in a timely manner however, in this case it didn’t happen. Alderman Bordeaux stated Council spent the morning listening to presentations about how much Savannah loves Business. He doesn’t understand what the controversy is as there was a thorough presentation given in the work session. He asked can Verizon cherry pick the best twenty locations before putting in a cell tower. Attorney Yellin replied the sites were brought to Verizon by the City of Savannah. If there are other locations in Downtown Savannah other carriers can get them Verizon is not elbowing anyone out but they are willing to spend the money to do the project. Alderman Bordeaux asked is Verizon getting anything extra other than the willingness to take the first step. Attorney Yellin replied there is no advantage being gained, all they did was come before Council in a Work session, heard the issues raised by Council, he thought he was supposed to work with the City Attorney on a franchise agreement, he continued stating he wasn’t aware he needed to negotiate with Council as well. What was presented to Council today was the fourth or fifth draft agreement that he has been working on for the past 4 weeks with City staff. Alderman Sprague asked if the $1200 per location is per year. Attorney Yellin replied it’s per year per carrier, up to four carriers which is roughly $125,000 in year one, if there are four providers on the 26 polls. In addition, there are 3% escalators each year after that. Alderman Sprague asked if there is any underground wiring involved and how will it take place, will the streets be torn up. A Verizon Representative replied they understand the historical nature of what they are doing. They will do everything in their power to restore everything the way it was or better. Ms. Mayer stated they will be leasing from a company that already has existing fiber underground, they have worked extensively with the Traffic Engineering Department and they will collaborate with them to find the easiest places in the event they do have to bore underground they have also committed to the City of Savannah to provide some conduit 8  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 underground for the City to use in the future. Alderman Sprague asked are the 24 sites existing sites that currently have lighting. Ms. Mayer replied yes. Alderman Sprague asked what other structures they are planning to use. Ms. Mayer replied they will be using the Visitor’s Center sign on River Street, the Visitor’s Center where the fountains are and the rooftop of Forsyth Park. Alderman Sprague asked for pictures of what it will look like. Ms. Mayer stated it will all be presented in the master plan. Alderman Sprague asked Attorney Stillwell in the event a fifth carrier comes along and requests space can they build a light poll of their own. Attorney Stillwell replied unless the Telecommunications Act requires it the answer would be no. Mayor Jackson stated there are a lot of questions and she has tried to be fair to get them all answered and it is obvious they will not be answered today. She continued stating Council wants people to do business with the City of Savannah. She apologized to the Verizon Representatives that the item was not put on the preliminary agenda; she asked that they allow the item to be moved to the April 16th agenda. Alderman Osborne asked City Manager Cutter if she has vetted any of the questions and issues she had. City Manager Cutter replied in the workshop that was held there were explanations given that satisfied the questions and discussion with the City Attorney and she has no additional questions. Alderman Osborne asked if other carriers were aware of this project. City Manager Cutter replied remember the workshops are televised and as the City Attorney and Attorney Yellin have indicated the conversation has been ongoing and staff has been working on it for a while. Alderman Thomas asked if there was ever an RFP or an RFQ done in reference to this project. Attorney Stillwell replied the City of Savannah doesn’t usually put franchise agreements out for an RFP, but yes it could have been done however, in this particular case a carrier coming in making a proposal would have to spend a very large amount of money in order to do their due diligence figuring out the locations and doing the cost analysis. Pete Shonka, Assistant City Manager replied several other companies came in with the same system in mind with preliminary discussions however, their discussions never continued and the City no longer heard from them but Verizon continued to pursue the project. Alderman Thomas stated there seems to be some confusion of how many companies came to the City and we’re down the road with Verizon picking out sites. Mr. Shonka stated Verizon needs to pump up their system in the downtown area by locating facilities sites within their service radius. Mayor Jackson asked City Manager Cutter if she is satisfied with the franchise agreement being presented today taking into consideration all question asked today. City Manager Cutter replied this is not a surprise to Council during the workshop it was stated this would be coming back to Council. The only reason it wasn’t on the preliminary agenda is because Attorney Stillwell had some additional work to do with the franchise agreement. She stated she is comfortable with what is being presented today which is why the recommendation is for approval. Design standards and locations come later down the road. Because of the questions asked by Council, the encroachments will come before Council and the ordinance will be on the agenda. A follow workshop can be held if it will ease some of the concerns Council has, but she would not recommend delaying the decision on the franchise agreement. Alderman Bordeaux made a motion to approve the recommendation coming from the City Manager with the following amendment: before signing the final encroachment agreement the City Manager will bring it back before Council, the motion was seconded by Alderman Bell. Alderman Shabazz asked if the company agrees to come back in two weeks to give Council an opportunity to ask more question can the motion be withdrawn. 9  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Alderman Thomas made a substitute motion that the item be tabled for two weeks date certain April 16, 2015 in order to give Council time to get any question they may have to the Attorney’s and City Manager for answers, the motion was seconded by Alderman Shabazz. A board vote was taken on the substitute motion with the following voting in favor: Aldermen Johnson, Shabazz, Thomas and Sprague and Mayor Jackson, Aldermen Bell, Bordeaux, Osborne and Hall voting against. Mayor Jackson called for discussion on the motion: Alderman Thomas stated shot gun decisions made by Council have never been good; he’s not thrilled that six people from Verizon have come to Savannah. His concern is that they are being forced into a decision that they have not had enough time to truly digest and it reminds him of the digital billboard issue. This has raised another red flag with him in reference to the legal department, and how communication is being handled between the City and Council. He continued stating the representatives stated several times they have been in communication with the City and no one is talking to Council. He stated he will not be supporting it not because he doesn’t think it is a good idea it’s because it’s a shot gun decision. Items should not be thrown on the agenda to make a decision on that are not given to Council in a timely manner to give them the correct amount of time to do research. A board vote was taken on the original motion with the amendment with the following voting in favor: Mayor Jackson, Aldermen Johnson, Bell, Bordeaux, Osborne, Hall, and Sprague; and Aldermen Thomas and Shabazz voting against. Mayor Jackson stated to Attorney Stillwell in the future if items are not given to the City Manager in time please do not put them on the agenda. ORDINANCES First Readings Landscape and Tree Protection Ordinance. An ordinance to amend the Landscape and Tree Ordinance to include: Renaming and moving the Ordinance into Part 4 – Public Services; increasing protection of trees on public property; increasing incentives for preserving large healthy trees on development sites; adding mitigation for removal of large healthy trees on development sites; improving design requirements; improving enforcement abilities; and revising the penalty structure for violations. Alderman Thomas stated he is happy to see the City is moving forward and would like to know if the recommendations made at the last meeting were incorporated into the revamp of the ordinance. Mr. Gordon Denney, Acting Park and Tree Director stated all things were taken into consideration. Added additional definitions to better explain what certain things are, increased the protection of trees in the right of way, ensuring they are not just limited to just development but general provisions and protection across the board, tightened up and explained the specimen and exceptional tree status, added mitigation on the removal of large healthy trees, did the tree easements and tree canopy to better explain what they are, added the part about additions and redevelopments that are required to come back providing a site that is better than what was there before addressing all areas, general design requirement improvements and the biggest area is the specified penalties for violations which is item 17 of the Revenue ordinance. Alderman Thomas asked if they have taken into full consideration all the recommendations coming from Karen Jenkins and the Savanna Tree Association which were submitted. Mr. Denney replied yes he 10  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 believes they are backing the current revisions as they stand, he stated he received an email earlier today that they are 100% behind what they have done in the past 18 months. 2015 Revenue Ordinance. An Ordinance to amend the existing 2015 Revenue Ordinance to include: deletion of Section 5. Tree Planting/Replacement Fee in Article Q. Development and Review Fees; addition of Section 6. Tree Protection Fees in Article X. Miscellaneous Fees; and revisions to Article T. Tour Service Fees to provide clarity and consistency within the section. ORDINANCES First and Second Readings Ordinance read for the first time in Council April 2, 2015, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Sprague and unanimously carried. Use 6, Inns (Not to Exceed 5 bedrooms) in the 1-R Zoning District (File No. 15-000827-ZA). AN ORDINANCE TO AMEND SEC. 8-3028(D), VICTORIAN PLANNED NEIGHBORHOOD CONSERVATION DISTRICT TO USE 6, INNS (NOT TO EXCEED 5 BEDROOMS) IN THE 1-R ZONING DISTRICT. THE AMENDMENT REMOVES TWO CONDITIONS, B. AND C., WHICH RELATE TO SHORT-TERM VACATION RENTALS (WHICH IS A SEPARATE LAND USE, USE 8A); AND TO CORRECT AN ERROR RELATING TO THE MAXIMUM NUMBER OF BEDROOMS PERMITTED IN THE INN. THE AMENDMENT WOULD NOT MAKE SUBSTANTIVE CHANGES TO THE INN USE IN THE VICTORIAN DISTRICT. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND PART 8, CHAPTER 3, ZONING PERTAINING TO INNS, NOT TO EXCEED FIVE BEDROOMS (USE 6) WITHIN THE VICTORIAN PLANNED NEIGHBORHOOD CONSERVATION DISTRICT; 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 Part 8, Chapter 3, Zoning of the Code of the City of Savannah, Georgia (2003) hereinafter referenced as "Code," be amended as follows: REPEAL I. Article B. (Zoning Districts), Sec. 8-3028(d) (Victorian Planned Neighborhood Conservation District, Permitted Uses; Use 6, Inns (not to exceed 5 bedrooms) 11  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 1-R 2-R 3-R 1-B 2-B 3-B (6) Inns (not to exceed 5 15 bedrooms) In the 1-R district, the following conditions shall apply: a. The rental of individual bedrooms within a dwelling unit shall be restricted to an owner- occupied one-family detached dwelling which may include use of a garage apartment dwelling if located on the same lot. No more than five (5) bedrooms shall be rented. b. The rental of an entire dwelling structure for less than 30 days shall be limited to a one- B B B B X X family detached dwelling or a garage apartment dwelling if located on the same lot as the one-family dwelling. In the case that both dwelling types exist on the same lot, only one dwelling is permitted to be rented. c. Use of the rented dwelling unit and its premises for assembly activities, such as meetings and receptions that would include non-lodged guests is not permitted. ENACT Article B. (Zoning Districts), Sec. 8-3028(d) (Victorian Planned Neighborhood Conservation District, Permitted Uses; Use 6, Inns (not to exceed 15 bedrooms) 1-R 2-R 3-R 1-B 2-B 3-B (6) Inns (not to exceed 15 bedrooms) In the 1-R district, the following condition shall apply: a. The rental of individual bedrooms within a dwelling unit shall be restricted to an owner- B B B B X X occupied one-family detached dwelling which may include use of a garage apartment dwelling if located on the same lot. No more than five (5) bedrooms shall be rented. 12  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 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. That an opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 3rd day of March, 2015, a copy of said notice being attached hereto and made a part hereof. SECTION 3: Upon the effective date of the ordinance all ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: April 2, 2015 Alderman Osborne asked when Council will hear the presentation on vacation rentals. City Manager Cutter replied the report is due to her by April 15th and when she receives it, it will immediately be distributed to Council. Alderman Osborne stated she reviewed the ordinance as it presently exists and she would like to have a discussion with her because there have been violations and it needs to be tightened up. Ordinance read for the first time in Council April 2, 2015, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried. Stopping, Standing and Parking Restrictions on Fahm Street. AN ORDINANCE TO AMEND THE CITY CODE TO PERMIT PARKING ON THE WEST SIDE OF FAHM STREET FROM W. BAY STREET TO 225’ NORTH OF W. OGLETHORPE AVENUE; AND TO PERMIT PARKING ON THE EAST SIDE OF FAHM STREET FROM ZUBLEY STREET TO YOUMANS STREET. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 219 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1091 OF SAID CODE TO PROVIDE THAT THE STREET NAMED HEREIN SHALL PROHIBIT STOPPING, STANDING AND PARKING AT ALL TIMES: TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. BE IT ORDAINED by The Mayor and Aldermen of the City of Savannah, in regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: That Appendix I, Section 219 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1091 of said Code, as amended, shall be amended as follows: AMEND SECTION 219, STOPPING, STANDING AND PARKING 13  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 PROHIBITED AT ALL TIMES TO INCLUDE DELETE FAHM STREET On both sides of Fahm Street between Bay Street and Oglethorpe Avenue. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: April 2, 2015 AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 219 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1091 OF SAID CODE TO PROVIDE THAT THE STREET NAMED HEREIN SHALL PROHIBIT STOPPING, STANDING AND PARKING AT ALL TIMES; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND, FOR OTHER PURPOSES. BE IT ORDAINED by The Mayor and Aldermen of the City of Savannah, in regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: That Appendix I, Section 219 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1091 of said Code, as amended, shall be amended by adding thereto the following: AMEND SECTION 219 STOPPING, STANDING AND PARKING PROHIBITED AT ALL TIMES TO INCLUDE FAHM STREET On the west side of Fahm Street from Oglethorpe Avenue 225 feet to the north. On the east side of Fahm Street from Bay Street to Zubley Street. On the east side of Fahm Street from Youmans Street to Oglethorpe Avenue. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: April 2, 2015 14  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 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 22nd day of March, 2015 the Council entered into a closed session for the purpose of discussing Litigation pending Mediation and Personnel. 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. §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. 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 2nd day of April, 2015 the Council entered into a closed session for the purpose of discussing Litigation, Personnel and 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. §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. Sale of Surplus City-Owned Shopping Center Property Located on Waters Avenue at 36th Street. Approved upon motion of Alderman Osborne, seconded by Alderman Johnson and unanimously carried per the City Manager’s recommendation. 15  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Alderman Osborne stated she is pleased about the changes that are about to occur on Waters Avenue. Alderman Sprague asked if there is a sales contract on the property currently. City Manager Cuter replied once Council gives approval staff will work towards finalizing the contract document. Alderman Sprague asked what will be done with the property. City Manager Cutter replied they will develop it in accordance to the agreed upon plan that the community has been engaged in for the past 2 ½ years, a community grocery and some other service type retail. Alderman Sprague asked if there is a timeline. City Manager Cutter replied there are timelines, they are in the process of acquiring some additional properties to meet the needs of their plan development but they are ready to move forward as expeditiously as possible. Alderman Sprague asked will the City make money or lose money in terms of how much was paid for the property. City Manager Cutter replied the City paid $1.6M for the property and improvements were made to the parking lot area. The proposal came in at $1.7M; she doesn’t have the numbers for the parking lot improvements at this time. But the previous proposals that came in the City would have taken a huge loss; this is a win-win for the community and the City. Alderman Shabazz stated she is concerned with the changeover with the existing businesses that are currently leasing spaces in the facility and if they are all being treated fairly and equally. City Manager Cutter replied all commitments that were made we have to ensure It’s Amazing is taken care of which is a part of the contractual agreement it will not close unless there is a satisfactory negotiation with It’s amazing. Alderman Shabazz asked about the other small businesses that are there. City Manager Cutter replied they are on a month to month lease agreement. Alderman Shabazz asked if the City arranged for It’s Amazing to have a longer lease than the other small businesses that have a month to month agreement. City Manager Cutter replied the barbeque restaurant settled with the City and then came back and asked the City if they would allow them to remain on site on a month to month lease and it was honored. A RESOLUTION TO AWARD THE SALE OF SURPLUS REAL PROPERTY LOCATED AT 2005 WATERS AVENUE AND ASSOCIATED PARCELS TO THE HIGHEST AND MOST RESPONSIVE BIDDER, TWIN RIVERS CAPITAL, LLC, AT A PRICE OF $1,700,000; TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT TO SELL THIS PROPERTY BASED ON THE BIDDER’S PROPOSAL AND NEGOTIATED TERMS; AND TO AUTHORIZE THE CITY MANAGER TO SIGN A QUIT CLAIM DEED AT CLOSING. A RESOLUTION TO SELL CITY-OWNED SURPLUS REAL PROPERTY LOCATED AT 2005 WATERS AVENUE TO TWIN RIVERS CAPITAL AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT AND QUITCLAIM DEED TO CONVEY THIS PROPERTY AS FOLLOWS: WHEREAS, under O.C.G.A. 36-37-6, the City is authorized to dispose of surplus real property to the highest and most responsive bidder; and WHEREAS, the City released RFP (Event #2644) soliciting sealed bids and proposals from the public for the sale of this property, and this RFP opened on October 16, 2014 and closed on December 16, 2014; and WHEREAS, based on an evaluation of the bids, the highest and most responsive bidder is Twin 16  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Rivers Capital, LLC at a price of $1,700,000. NOW, THEREFORE, the Mayor and Aldermen of the City of Savannah agreed in a regular meeting assembled to award the sale of the property to Twin Rivers Capital at a price of $1,700,000 and authorized the City Manager to execute a contract governing this sale. The Mayor and Aldermen of the City of Savannah do also hereby authorize the City Manager to execute and deliver to Buyer a quitclaim deed at closing conveying this surplus real property in a manner that conforms with this Resolution. ADOPTED AND APPROVED: April 2, 2015 Acquisition of Office Building at 601 E. Liberty Street. Approved upon motion of Alderman Johnson, seconded by Alderman Osborn and unanimously carried per the City Manager’s recommendation. A RESOLUTION TO ACQUIRE THE OFFICE BUILDING LOCATED AT 601 E. LIBERTY STREET. THIS FOUR STORY BRICK OFFICE BUILDING IS LOCATED AT THE SIGNALIZED INTERSECTION OF EAST BROAD STREET AND E. LIBERTY STREET. THE BUILDING WAS CONSTRUCTED IN THE EARLY 1900S FOR THE ATLANTIC COAST LINE RAILROAD COMPANY, SUBSEQUENTLY ACQUIRED BY SEABOARD COASTLINE AND ULTIMATELY UTILIZED BY CSX RAILROAD FOR ADMINISTRATIVE OFFICES. IN THE LATE 1980S, THE PROPERTY WAS ACQUIRED BY THE CATHOLIC DIOCESE OF SAVANNAH AND USED AS AN ADMINISTRATIVE AND MINISTRY SUPPORT FACILITY. A RESOLUTION TO ACQUIRE THE REAL PROPERTY LOCATED AT 601 E. LIBERTY STREET AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT AND OTHER CLOSING DOCUMENTS TO ACQUIRE THIS PROPERTY AS FOLLOWS: WHEREAS, the real property located at 601 E. Liberty Street consists of an existing multi-story office building situated on 1.91 acres of land at the southeast corner of East Liberty Street and East Broad Street; and WHEREAS, the office building contains four floors of office space and an unfinished basement for a total of approximately 33,000 gross square feet of building area; and WHEREAS, the property includes existing on-site parking spaces and vacant land to support the potential future development of additional parking spaces and/or structures; and WHEREAS, acquisition of this property will enable the City to more strategically position staff and support services at a location offering convenient access with on-site parking to enhance customer service and the delivery of public services to citizens; and WHEREAS, the City has negotiated an agreement with the Seller to acquire this property at a price of $3,500,000. 17  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 NOW, THEREFORE, the Mayor and Aldermen of the City of Savannah agreed in a regular meeting assembled to acquire the office building and associated land located at 601 E. Liberty Street at a price of $3,500,000. The Mayor and Aldermen of the City of Savannah do also hereby authorize the City Manager to execute and deliver to Buyer a purchase agreement and associated closing documents to acquire this real property in a manner that conforms with this Resolution. ADOPTED AND APPROVED: April 2, 2015 MISCELLANEOUS Appointments to Boards, Commissions and Authorities. Approved upon motion of Alderman Johnson, seconded by Alderman Shabazz and unanimously carried per Council’s recommendation. AGING SERVICES ADVISORY BOARD Dessie E. Baker Dr. Daniel Brantley CHATHAM-SAVANNAH AUTHORITY FOR THE HOMELESS Antoinette Barnes Patrick Geoghegan Beverly Willett (filling unexpired term) COASTAL WORKFORCE INVESTMENT BOARD Vance B. Charles Mark D. Corrigan, Sr. William (Bill) Stankiewicz CODE ENFORCEMENT APPEALS BOARD Billie D. Doby ELECTRICAL APPEALS ADVISORY BOARD Paul Mamalakis HISTORIC PRESERVATION ADVISORY COUNCIL Ramsey Khalidi KEEP SAVANNAH BEAUTIFUL Lorraine Bowers Lamont D. Bryan PENSION BOARD Mark Schaefer PILOTAGE COMMISSION Fred Nelson Beason, Jr. 18  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 SAVANNAH AIRPORT COMMISSION Shirley B. James SAVANNAH/CHATHAM COUNCIL OF DISABILITY ISSUES Lorraine Bowers Eva Elmer SAVANNAH DEVELOPMENT AND RENEWAL AUTHORITY (SDRA) Adam G. Kirk (filling unexpired term) Connie Capozzola Pinkerton SAVANNAH RECREATION COMMISSION Jacquelyn Sumpter Mayor Jackson stated there are a number of boards that interviews will be set up for, which will be filled at that time. In addition, there are some boards that are open and Council is encouraging citizens to please watch the internet and apply to serve. Final Plat - Waldburg Townhomes. Recommend approval of a major subdivision plat of Waldburg Townhomes, being Lot 27 and the eastern portion of Lot 34 located in the Lloyd Ward, Savannah, Chatham County, Georgia, within District 2. The subdivision is comprised of 0.19 acres creating 5 single family lots bounded on the north by W. Bolton Lane, on the east by Barnard Street and on the south by W. Waldburg Street. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried per the City Manager’s recommendation. Settlement of Claim by Yolanda Dryer. Ms. Dryer suffered personal injuries in an accident with an SCMPD vehicle driven by an officer who was at fault in the accident. At mediation, we negotiated a settlement of her claims for $33,000 pending Council approval. The City Attorney recommends approval. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried per the City Manager’s recommendation. Rehearing of Petition of AT&T Mobility/ Vantage Towers. The petitioner requested a permit to erect a 122 foot Wireless Telecommunication Facility near E. 57th Street and Waters Avenue. The Council approved the petition, but did not approve the variances necessary to build a tower in excess of 85 feet. The petitioner filed suit against the City under the Federal Telecommunications Act, and a federal judge ruled that the City had improperly denied a permit to build the tower. The judge remanded the matter to the Council for action consistent with his opinion. MPC staff has prepared a revised staff report incorporating the judge’s order, and the matter has been presented to a community meeting in the affected neighborhood. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried per the City Attorney’s recommendation. 19  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 BIDS, CONTRACTS AND AGREEMENTS Upon a motion by Alderman Bell, seconded by Alderman Sprague and unanimously carried, the following bids, contracts and agreements were approved per the City Manager’s recommendations: Sale of Surplus City-Owned Shopping Center Property Located at Waters Avenue at 36th Street. The City-owned real property located at 2005 Waters Avenue is a prime commercial development opportunity located in the heart of Savannah. The property consists of two parcels. The main parcel is located at the southwest quadrant of Waters Avenue and E. 36th Street (PINs 2-0063-06-001 and 2-0063-06-008). The secondary parcel is located across Ott Street from the main parcel (PIN 2-0063-07-028). The combined property consists of +/- 2.5 acres with an existing +/- 24,000 square foot retail/shopping center building and parking lot. Through multiple community meetings during the last few years, residents expressed a desire for neighborhood retail uses at the site; such as a grocery store, a pharmacy, a laundromat, a coffee shop, specialty stores, and chain restaurants. These types of businesses are also consistent with the needs and gaps in retail establishments existing along Waters Avenue. Three qualified responses were received and evaluated based on five criteria: 1) purchase price, 2) experience and credentials 3) proposed use (including conceptual plans and designs), 4) schedule for design, construction, and occupancy; and 5) whether the bidder was a local business. The proposers were: B.P. Twin Rivers Capital $ 1,700,000.00 Hutton $ 650,000.00 American Medical Missionary Care, Inc. $ 500,000.00 The highest and most responsive bidder is Twin Rivers Capital, LLC at $1,700,000. Twin Rivers has proposed a plan that includes the following:  Demolition of the existing shopping center and redevelopment of the property with a grocery store featuring a drive-through pharmacy.  Acquisition of additional adjoining properties, including property across Waters Avenue to the east to facilitate a gas station component to the grocery store project..  Replacement of the existing community room. The proposed deal is contingent upon the buyer successfully completing the following requirements for the project to proceed:  Negotiating a mutually acceptable termination and/or relocation plan with the existing tenant – Its Amazing.  Re-zoning the entire assembled property to provide for the sale of beer, wine, and gasoline.  Acquiring sufficient additional parcels to facilitate the overall project.  Finalizing a plan and business terms associated with a replacement community room or related facility. 20  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 The buyer will be provided six months (180 days) to complete the above referenced requirements for the project to proceed. If the buyer has not completed all these tasks prior to expiration of the six months, but is diligently working to complete the tasks and is making acceptable progress, then the buyer may pay for additional time to complete the tasks. The buyer has the option to acquire additional time in two month increments at the rate of $10,000 per increment (for up to six increments). This payment would serve as additional consideration and would not be credited against the purchase price. Real Property Services and the City Attorney will review the final agreement and make recommendations to the City Manager. A conceptual site plan and building rendering are attached. These are preliminary and will be refined during the engineering and architectural design process, and the City is retaining site and building plan approval rights. Recommend award of the sale of the surplus real property located at 2005 Waters Avenue and associated parcels to the highest and most responsive bidder Twin Rivers Capital, LLC, at a price of $1,700,000; authorization for the City Manager to execute a contract to sell this property based on the bidder’s proposal and negotiated terms; and authorization for the City Manager to sign a Quit Claim deed at closing. Recommend approval. Memorandum of Understanding with SEDA. Recommend approval of a Memorandum of Understanding between the Savannah Economic Development Authority (SEDA) and the City of Savannah to partner in promoting Savannah as a premiere location for the production of films, television and other entertainment. Under the agreement, SEDA will assist and enhance the efforts of the Savannah Film Office to attract jobs and investment to Savannah from the media production industry and supporting infrastructure. Recommend approval. Alderman Sprague asked City Manager Cutter if SEDA is being paid to help the City with this project. City Manager Cutter replied it’s really a partnership with SEDA they have hired an employee that is stationed in California to be in place and negotiate and market them to come to Savannah. Brynn Grant, SEDA Chief Operating Officer stated it’s a partnership with the Savannah Film Office, SEDA has invested in hiring an experienced veteran of the film industry a contemporary and colleague of Stratton Leopold to represent Savannah as a location for film, television and commercial production working very closely with the Savannah Film Office. This is a way to invest in increasing that opportunity to get more interest, greater crew base and infrastructure investments and a schedule that will be a year round full production schedule in partnership with him and the Film Office. Alderman Sprague asked how long the position will last. Ms. Grant replied she doesn’t believe a time has been determined, she stated she hopes it will be indefinite and prove valuable and beneficial and they continue to invest because they see results. It does not require any more funding or investment beyond what is already provided. The MOU was requested to be clear on the partnership and ensure everyone was supportive. Alderman Thomas asked what is the difference between what the individual being hired by SEDA will do and what Mr. Hammargren will do. Joe Shearouse Public Facilities, Events & Services Bureau Chief replied the Film Office was originally created to protect Downtown not to recruit films and it’s not set up with a marketing budget. The Film Office facilitates films, it does recruit as much as it can but there is no recruiting budget which is what SEDA will now be doing to assist the Film Office in bringing the films to Savannah and it will be facilitated once it gets here. Alderman Thomas asked if SEDA will be absorbing the cost of the employee fully. Ms. 21  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Grant replied yes on a contract basis. It isn’t an employee there’s a contract with the individual there are no benefits a retainer is paid to them monthly. She stated she hopes Council has seen his resume if not they will be proud to have him representing Savannah. Approved upon motion of Alderman Sprague, seconded by Alderman Shabazz and unanimously carried per the City Managers recommendation. Memorandum of Understanding with SCAD for Fiber Partnership Project. In 2014, The Savannah College of Art and Design (SCAD) approached the City of Savannah Information Technology (IT) Department to discuss the feasibility of partnering on fiber installation and shared network resources at specific downtown locations (Madison, Pulaski, Oglethorpe Squares and Forsyth Park). SCAD’s interests are to be able to provide wireless connectivity in these locations for use by SCAD for school-sponsored events, as well as to provide free Wi-Fi to students and the general public year round. SCAD requests to run fiber in City rights-of-way and mount equipment in the defined City squares and Forsyth Park. In return, SCAD is offering to fund the cost of fiber installation and upgrade electrical service at each designated location. Several meetings have been held with City staff from Park and Tree, Traffic Engineering, IT and SCAD to review and discuss placement of electrical equipment, mounting assets for equipment and overall aesthetics concerns. All departments are in agreement that this would be beneficial to their respective work programs. City IT would be able to leverage use of this fiber to also provide connectivity to the City’s network in these locations to support City initiatives such as cameras and wireless access for monitoring irrigation systems. The upgraded electrical service at each location would be done in coordination with Park and Tree’s planned electrical upgrades and would fast track the needed electrical upgrades in these locations. This is an excellent opportunity and positive partnership relationship with SCAD to provide these services in these specific locations. Recommend approval. Bacon Park Reuse Water Main and Pumping Station Improvements – Event No. 2898. Recommend approval to procure design services from Hussey, Gay, Bell, & DeYoung Engineers & Architects in the amount of $662,735.00. The services will be used by the Water and Sewer Planning and Engineering Department for the Bacon Park reuse water main and pumping station improvements, engineering design, and construction overview services. The project includes a new 16 inch diameter reuse water main from the President Street Water Reclamation Facility to the Bacon Park Golf Course, and improvements to the reuse water pumping facilities at the President Street facility. The proposed reuse water main is approximately 29,000 linear feet and will include stub-outs for future connections to irrigable sites along the route. Future project phases may extend the reuse water main south of the Bacon Park Golf Course, so that additional irrigable sites may be served. The method of procurement used was the request for proposal. Proposals were received and evaluated on the basis of experience with similar design projects, project approach, project team, proposed schedule, MWBE participation, local participation, and fees. 22  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 The MWBE goal for this project was 5%, with the breakdown being 3% MBE and 2% WBE. The recommended contractor submitted participation of 5%, with 3% MBE being performed by Sustainable Design Consultants and 2% WBE being performed by Clemmons Engineers. The proposal was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The proposers were: B.P. Hussey, Gay, Bell & DeYoung (Savannah, GA) (B) $ 662,735.00 EMC Engineering Services, Inc. (B) $ 645,140.00 Thomas & Hutton (B) $1,016,070.00 Funds are available in the 2015 Budget, Capital Improvements Fund/Capital Improvement Projects/Other Costs/Bacon Park Reuse Water System (Account No. 311-9207-51842-SW0623). A Pre-Proposal Conference was conducted and six vendors attended. (B)Indicates local non- minority owned business. Recommend approval. Elizabeth Scott came forward to express her displeasure about the use of the Donald Ross name around the Bacon Park reuse water main and pumping station. Alderman Sprague asked John Sawyer, Public Works & Water Resources Director will the salinity in the reuse water going to be a problem. Mr. Sawyer replied salinity will not be a problem it is a derived characteristic that is made up of solid waste and temperature. The reuse water is water that has gone through the waste water plant treated to all State and Federal standards, instead of being discharged back into the river it will be put on properties for irrigation. Alderman Sprague asked will the pond in the golf course have reuse water. Mr. Sawyer relied that pond will be the receiving pond for the reuse water will come from President Street it is where the irrigation system for the golf course draws from the reuse will be put in it as it draws out. Alderman Sprague asked how the current facility at Bacon Park will change or will it change. Mr. Sawyer replied it will not change. Additions will occur at President Street to pump the water that far. Alderman Shabazz asked Mr. Sawyer if he was a professional engineer and certified in the State of Georgia. Mr. Sawyer replied yes. Occupational Health Services – Annual Contract – Event No. 2929. Recommend approval to procure an annual contract for occupational health services from Georgia Emergency Associates in the estimated amount of $65,000.00. The services will be used by the Human Resources Department to provide professional occupational health services and pre-employment drug screening services to be rendered by a physician in conjunction with his/her qualified staff for City of Savannah applicants and employees. The method used for this procurement was the Request for Proposal. Proposals were received and evaluated on the basis of qualifications and references, evaluation of program, available resources, local participation, and fees. The annual amount is based on the total proposal pricing for the battery of tests and will include approximately 200 pre-employment physicals, 600 pre- employment drug screens, 15 disability retirement physicals, 20 fitness for duty evaluations, 40 DOT physicals, and 5 medical records reviews. The proposal has been advertised, opened and reviewed. Delivery: As Needed. Terms: Net 30 Days. The proposers were: 23  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 B.P. Georgia Emergency Associates (Savannah, GA) (B) $1,643.88* Substance Abuse Testing of Savannah (D) $1,653.00* Concentra (D) $1,839.00* *Indicates the total proposal price for the battery of tests. Funds are available in the 2015 Budget, General Fund/Human Resources/Medical Costs (Account No. 101-1103-51290). A Pre-Proposal Conference was conducted and no vendors attended. (B)Indicates local non-minority owned business. (D)Indicates non-local non-minority owned business. Recommend approval. Management Training Program – Annual Contract – Event No. 2987. Recommend approval to procure an annual contract for management training services from the University of Georgia Carl Vinson Institute in the amount of $37,400.00. This contract will provide Human Resources with a comprehensive management training program for City employees focused on local government. This program is designed to offer high quality management training for those individuals who are or aspire to be in management positions within the City. Employees will be empowered with new skills to increase organizational effectiveness, and will then teach these skills to others within the organization. These tools will help the City develop its internal talent pool and will develop leaders who can possibly succeed others when positions are vacated. The proposal was advertised, opened and reviewed. Delivery: As Needed. Terms: Net 30 Days. The proposer was: B.P. The University of Georgia Carl Vinson Institute (Athens, GA) (H) $37,400.00 Funds are available in the 2015 Budget, General Fund/Human Resources/Other Contractual Service (Account No. 101-1103-51295). A Pre-Proposal Conference was conducted and one vendor attended. (H)Indicates non-local, non-profit business. Recommend approval. Approved upon a motion of Alderman Johnson, seconded by Alderman Sprague and unanimously carried per the City Manager’s recommendation. Daffin Park Running Track Expansion – Event No. 2970. Recommend approval to procure construction services from E&D Contracting Services in the amount of $555,455.50. The services will be used to expand the running track around Daffin Park. The project includes an overall MWBE goal of 13%, with the breakdown of 9% MBE and 4% WBE. Based on the proposed schedule of MWBE participation submitted by the low bidder, the overall MWBE participation will be 69%, with 9% MBE being performed by Hamp Masonry and 60% WBE being performed by E&D Contracting Services. This bid has been opened, advertised, and reviewed. Bids were accepted from pre-qualified bidders only. Two vendors were pre-qualified for this project. Delivery: Immediately. Terms: Net 30 Days. The bidders were: 24  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 L.B. E&D Contracting Services (Savannah, GA) (E) $555,455.50 Savannah Paving Company (D) $694,181.00 Funds are available in the 2015 Budget, Capital Improvements Fund/Capital Improvement Projects/Other Costs/Daffin Park Master Plan (Account No. 311-9207-52842-RE0805). A mandatory pre-bid conference was conducted and two vendors attended. (D)Indicates non-local, non-minority owned business. (E)Indicates local, woman-owned business. Recommend approval. Alderman Hall, seconded by Alderman Bell and unanimously carried per the City Manager’s recommendation. Oils, Lubricants, and Anti-Freeze – Annual Contract Renewal – Event No. 3083. Recommend renewing an annual contract for oils, lubricants and anti-freeze from Colonial Oil Industries, Inc. in the amount of $76,363.95. The items will be maintained in inventory at the Central Warehouse and at the Vehicle Maintenance Department. The oils, lubricants, and anti- freeze will be used by the Vehicle Maintenance Department to maintain the City’s vehicle fleet and by other departments for use in equipment and machinery. This is the first of two renewal options available. Bids were originally received March 4, 2014. This bid was advertised, opened and reviewed. Delivery: As Needed. Terms: Net-30 Days. The bidders were: L.B. Colonial Oil Industries, Inc. (Chatham County, GA) (D) $76,363.95 Barrett Oil Distributors (B) $77,759.50 Funds are available in the 2015 Budget, Internal Service Fund/No Department/Inventory-Central Stores (Account No. 611-0000-11330) and Internal Service Fund/Vehicle Maintenance/Oil and Grease Fund (Account No. 611-1130-51365). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (B)Indicates local, non-minority owned business. (D)Indicates non- local, non-minority owned business. Recommend approval. Fire Hydrants and Repair Parts – Annual Contract Renewal – Event No. 3085. Recommend renewing an annual contract for fire hydrants and repair parts from Consolidated Pipe and Supply in the amount of $52,256.00 and to HD Supply in the amount of $52,410.72 for a total of $104,666.72. The fire hydrants are maintained in inventory at the Central Warehouse and are used by the Water Distribution Department to replace failing fire hydrants in the water system. This is the last of two renewal options available. Bids were originally received February 26, 2013. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The bidders were: L.B. Consolidated Pipe & Supply (Garden City, GA) (D) $105,963.13 HD Supply (D) $114,875.56 25  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Funds are available in the 2015 Budget, Internal Service Fund/Inventory-Central Stores (Account No. 611-0000-11330) and Water Distribution/Construction Supplies & Materials (Account No. 521-2503-51340). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (D)Indicates non-local, non-minority owned business. Recommend approval. Energov Annual Maintenance – Event No. 3109. Recommend approval to procure Energov annual maintenance and support from Tyler Technologies in the amount of $41,370.00. These services will provide maintenance and support for City permitting, plan review, and code enforcement software. This is a sole source because Tyler Technologies is the original provider of the software. It is critical to have timely and knowledgeable support from the original provider when it is needed. Delivery: As Requested. Terms: Net 30 Days. The vendor is: S.S. Tyler Technology (Duluth, GA) (D) $ 41,370.00 Funds are available in the 2015 Budget, General Fund/Development Services/Data Processing Equipment Maintenance (Account No. 101-2131-51251). A Pre-Proposal Conference was not held as this is a sole source. (D)Indicates non-local, non-minority owned business. Recommend approval. The following announcements were made: Alderman Thomas announced the Coffee Bluff Marina is back open as of this week. Boaters can put their boats in free through tomorrow. It was opened by a temporary operator and an RFP has been released for a permanent operator. He also stated he received some good news and wanted the public to know about it. He stated Chief Lumpkin has put together a unit called the Undercover Narcotics Investigation Unit who arrested thirteen suspects in three days last week. He read a quote from Chief Lumpkin which included details of the items confiscated. He continued stating he feels they are headed in the right direction and should be applauded for their efforts. Mayor Jackson stated Chief Lumpkin and the other officers are working diligently and are taking pride in what they are doing and they are to be commended for all their hard work. Alderman Thomas stated he has been inundated with mail regarding the decision by the Bureau of Ocean energy Management to open the Atlantic Outer Continental Shelf to offshore oil and gas drilling. Many people are concerned about the environmental impact to the marshlands and the coast. He asked Council to consider drafting a resolution on their desires by April 16th if possible. Alderman Johnson asked Alderman Thomas if he has a model resolution, he replied no but will try to get one together to bring for Council to see. Alderman Sprague stated as everyone knows the City has been in merger agreements with the County and she feels it is a very important issue which addresses how the police department will be operated for the next 20 years. She asked Council to consider putting a nonbinding referendum on the November 3rd ballot. She is asking Council to consider allowing the voters to make a decision up or down on whether the police departments should be merged. 26  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING April 2, 2015 Alderman Hall stated in a discussion with a colleague this week it was asked how far are they from an agreement, what will it take to pull it together or can they compromise and would it be in the best interest of the City to give the County what they are requesting to keep the merger together. He asked should the City take the high road to keep the merger together. Mayor Jackson stated there have been meetings, she and the City Manager met with the County Chairman and they thought they were at an agreement. The City Manager then met with the County Manager however, the document received was a one page document that did not deal with all the information. The City Manager was going to meet with the County Manager and the meeting was cancelled as of yesterday. The process has become frustrating because they have authorized to seek out a consultant to select a Police Chief for $65,000. Mayor Jackson continued stating they have to protect the citizens of Savannah. She feels they are at a standstill and they should go into mediation. If they do not agree to mediation they will have to look at police enforcement for the residents of this community. She asked Council to vote on stating the position of the Council and send it to the County Chairman as to what they would like to do. The letter will stated the City of Savannah would like to go into mediation with the County on the issue. Alderman Shabazz stated she is in agreement with the merger continuing. Alderman Thomas stated he thinks it is time to go straight into mediation to come up with a solution. He feels games are being played with public safety. Alderman Sprague stated if mediation is requested a timeframe should be put on it because they have already stated they do not want to go into mediation. Alderman Bordeaux stated this is an unusual situation in terms of a dispute. There is an agreement and the police force has been merged for years. He agrees with the mediation but he doesn’t understand what the “or else” will be. Mayor Jackson stated this is the last attempt to have mediation and the City of Savannah cannot continue this way. Upon motion of Alderman Bordeaux, seconded by Alderman Sprague and unanimously carried the agenda was amended to include the consideration of the police merger discussions. Upon motion of Alderman Bordeaux, seconded by Alderman Thomas and unanimously carried Council agreed to authorize Mayor Jackson to send a letter to the County requesting they go into mediation with a ten day timeframe to respond. Alderman Johnson recused himself from the discussion and the vote. Alderman Osborne left the meeting before the discussion began. City Manager Cutter presented Brian Gore with a 35 year service pin. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, MMC Clerk of Council 27