City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA January 21, 2016 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 Dr. George P. Lee, III, Pastor Saint John Baptist Church, followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Eddie W. DeLoach, Presiding Van Johnson, II, Tony Thomas, John Hall, Estella Shabazz, Carol Bell, Julian Miller, Brian Foster, Bill Durrence City Manager Stephanie Cutter City Attorney W. Brooks Stillwell Assistant City Attorney Jennifer Herman ABSENT: Assistant City Attorney William Shearouse Upon motion of Alderman Johnson, seconded by Alderman Shabazz, unanimous approval was given for the Mayor to sign an affidavit and resolution on Litigation for an Executive Session held today where no votes were taken. (SEE RESOLUTIONS) MINUTES Upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the 2016 Inauguration of January 5, 2016 was approved. Upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the City Manager’s briefing of January 7, 2016 was approved. Upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried the summary/final minutes for the City Council meeting of January 7, 2016 was approved. APPEARANCES Eileen Baker, Cultural Affairs Director, Dr. Cheryl Dozier, President Savannah State University and Shirley James, Black Heritage Festival Chair and other members of the 2016 Savannah Black Heritage Festival Committee appeared to invite the community to the Festival, which runs February 5-13 at locations across the community. Ms. Baker introduced Dr. Dozier thanking her for being a partner of the Savannah Black Heritage Festival. Dr. Dozier stated Savannah State University is proud to be a partner and looks forward to the students learning more about black heritage. Mrs. James came forward thanking Mayor DeLoach, Council, and the City of Savannah for partnering with the Savannah Black Heritage Festival and extended a formal invitation for everyone to participate in the festival. She outlined the festivities that will occur during the three week period. 1  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried the agenda was amended to add an Appointment to the Chatham Area Transit Authority and Authorization for the City Attorney to represent Savannah Chatham Metropolitan Police Department Officer Brandon Lord. 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. Matthew Garappolo for Pinky’s with A “Y”, LLC t/a Pinky’s with A “Y”, requesting liquor, beer and wine (drink) license at 318 Drayton Street, which is located between Liberty Street and Harris Street in District 2. The applicant plans to operate as a bar/lounge. (New ownership/management) Recommend approval. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried. Approved upon motion of Alderman Bell, seconded by Alderman Johnson, per the City Manager’s recommendation. Rachel E. Traub for Dockside Fish, Inc. t/a Dockside Seafood, requesting liquor, beer and wine (drink) license with Sunday sales at 201 West River Street, which is located between Martin Luther King Boulevard Jr. and Barnard Street Ramp in District 2. The applicant plans to operate as a full-service restaurant. (New ownership/management/existing business) Recommend approval. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried. Approved upon motion of Alderman Bell, seconded by Alderman Johnson, per the City Manager’s recommendation. Chantise Hayes for Bi-Lo, LLC t/a Bi-Lo #5763, requesting beer and wine (package) at 2142 East Victory Drive, which is located between Skidaway Road and Camelia Avenue in District 3. The applicant plans to continue to operate as a grocery store. (New management/existing business) Recommend approval. Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried. Approved upon motion of Alderman Bell, seconded by Alderman Johnson, per the City Manager’s recommendation. ZONING HEARINGS Advent Dental, PC, Petitioner (MPC File No. 15-004442-ZA), requesting to rezone 2423 Martin Luther King, Jr. Blvd; 510, 512, 514, 516 & 518 West 41st Street from the current R-4/P- N-C (Four Family Residential/Planned Neighborhood Conservation) zoning classifications to the R-B/P-N-C (Residential Business/Planned Neighborhood Conservation) zoning classifications. The subject properties include six lots which make up the majority of the block bounded by Martin Luther King Jr. Boulevard, West 41st Street, Burroughs Street and West 41st Street Lane. The lots, which are vacant, have maintained the existing R-4 base zoning district since the establishment of zoning in the City of Savannah. In 2003, these properties were granted Planned Neighborhood Conservation status by the Mayor and Aldermen with the adoption of the Cuyler – Brownville P-N-C overlay district. The Cuyler – Brownville overlay requires that additional 2  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 consideration, above the standards of the base zoning, be given to development and restoration within the boundaries of the district. MPC Staff found that the rezoning of the petitioned properties to the R-B district for the purpose of addressing development standards was not appropriate. The proposed rezoning would allow both uses and standards that are inconsistent to a point in the neighborhood where these uses and standards would not typically be found. However, the development pattern along Martin Luther King Jr. Boulevard includes the R-B zoning classification and uses typically associated with that district. MPC Staff found that this zoning was appropriate for that portion of the petitioner’s property that abuts this corridor. MPC Staff recommended denial of the request to rezone properties along West 41st Street to R- B/P-N-C, but approval of the request to rezone the property along Martin Luther King Jr. Boulevard. The MPC, however, voted to recommend approval of the petitioner’s rezoning request. (Continued from the meeting of January 7, 2016) Recommend denial of the request to rezone the properties on 41st Street, however recommend approval to rezone the property along Martin Luther King, Jr. Boulevard. Alderman Johnson stated he spoke with the petitioner and he has agreed to continue this item until February 4, 2016 to allow himself time to meet with the community association. Attorney Yellin stated they do agree as they have made repeated efforts to meet with the community association but it has not happened as of yet. He asked if one individual could be allowed to speak today as he is uncertain if he would be able to make it to the meeting in two weeks. Alderman Johnson stated if the gentleman is allowed to speak Council will have to open the hearing for anyone pro and/or con to speak as well. Attorney Stillwell stated in the past Council has allowed people to speak if they could not be at the next meeting, however if they are allowed to speak at today’s meeting they will not be allowed to speak at the next meeting. Pastor A.L. Dyson of the West Broad Street Seventh Day Adventist Church appeared to read a letter from the congregation in support of the rezoning request. Continued to the meeting of February 4, 2016 upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried. Advent Dental, PC, Petitioner (MPC File No. 15-004082-ZA), requesting to amend Section 8- 3002 adding a definition for Dwelling, Two family over/under (A two family dwelling structure containing units which are stacked vertically and on the same lot) and Section 8-3029 to add new designation, Two family over/under (Minimum lot area 1,200 square feet per unit; Minimum lot width 20 feet per unit). The petitioner is requesting amendments to the text of the zoning ordinance in both the definition section and the Cuyler – Brownville development standards to address a housing type definition and residential development standards to include a reduced minimum lot area and minimum lot width. Promoting new, compatible development is one of the tenants of the Cuyler - Brownville Planned Neighborhood Conservation overlay district. The proposed standards, while not the norm for two-family residential development, can be integrated with current standards to increase the opportunity for redevelopment in the neighborhood. The district is bounded primarily by arterial roadways and the character of those roadways is significantly different from 3  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 the character of the internal streets. Allowing a scale of development along the major vehicular corridors that is consistent with the historic pattern is a benefit to the neighborhood. MPC recommends approval of the petitioner’s request to amend Section 8-3002 and 8-3029 of the zoning ordinance to create a new definition for Dwelling, two family over / under and to reduce the minimum lot area and lot width for two family attached and semi-detached residential. (Continued from the meeting of January 7, 2016) Recommend approval. Continued to the meeting of February 4, 2016 upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried. ORDINANCES FIRST READINGS Community Redevelopment Tax Incentive Ordinance. Adoption of program and procedures that identify real properties maintained in a chronically blighted condition, and establishes a mechanism to tax those properties at a higher rate by increasing the millage rate applied to those properties by a factor of 7. Alderman Bell asked City Manager Cutter to explain the purpose of the program. City Manager Cutter stated the City of Savannah has been working aggressively in an attempt to deal with blighted properties throughout the City. This will help eradicate blighted properties throughout the City, there have been concerns of the impact it will have on the poor who cannot afford to maintain these properties. She reminded Council there are grants available to assist them, in addition, there are community organizations that also offer assistance that will hopefully partner with the City to address such issues. Savannah, Georgia, Code of Ordinances – Community Redevelopment Tax Incentive Program DIVISION 1, ARTICLE 11 or DIVISION II, PART 10. - COMMUNITY REDEVELOPMENT TAX INCENTIVE PROGRAM Sec. X-1. – Purpose. Sec. X-2. – Definitions. Sec. X-3. – Levy of increase ad valorem tax on blighted real property. Sec. X-4. – Official identification of property maintained in blighted condition. Sec. X-5. – Remediation or redevelopment to remove designation of blighted condition. Sec. X-6. – Decreased rate of taxation to be applied after successful remedial action or redevelopment of blighted property. Sec. X-7. – Duty of code official to provide notice to county tax commissioner. Sec. X-1. - Purpose. The existence of real property which is maintained in a blighted condition increases the burden of the state and local government by increasing the need for government services, including but not limited to social services, public safety services, and code enforcement services. 4  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Rehabilitation of blighted property decreases this need for such government services. In furtherance of its objective to eradicate conditions of slum and blight within the city, the Mayor and Aldermen, in exercise of the powers granted to municipal corporations at Chapter 61, Urban Redevelopment, of Title 36 of the Official Code of Georgia Annotated, has designated those areas of the city where conditions of slum and blight are found or are likely to spread. In recognition of the need for enhanced governmental services and in order to encourage private property owners to maintain their real property and the buildings, structures and improvement thereon in good condition and repair, and as an incentive to encourage community redevelopment, a community redevelopment tax incentive program is hereby established as authorized by Article IX, Section II, Paragraph VII(d) of the 1983 Constitution of the State of Georgia. (Ord. No. 09-05, § 1, 5-12-2009) Sec. X-2. - Definitions. Blighted property, blighted, or blight means any urbanized or developed property which: 1) Presents two or more of the following conditions: a. Uninhabitable, unsafe, or abandoned structure; b. Inadequate provisions for rain, ventilation, light, air, or sanitation; c. An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the governor has declared a state of emergency under the state law or has certified the need for disaster assistance under federal law; provided, however, this division shall not apply to property unless the relevant public agency has given notice in writing to the property owner regarding specific harm caused by the property and the owner has failed to take reasonable measures to remedy the harm; d. A site identified by the federal Environmental Protection Agency as a superfund site pursuant to 42 U.S.C. Section 9601, et seq., or having environmental contamination to an extent that requires remedial investigation or a feasibility study; e. Repeated illegal activity on the individual property of which the property owner knew or should have known; or f. The maintenance of the property is below state, county, or municipal codes for at least one year after written notice of the code violation to its owner; and 2) Is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property. Property shall not be deemed blighted solely because of esthetic conditions. 5  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 ‘Building inspector’ means a certified inspector possessing the requisite qualifications to determine minimal code compliance. ‘Community redevelopment’ means any activity, project, or service necessary or incidental to achieving the redevelopment or revitalization of a redevelopment area or portion thereof designated for redevelopment through an urban redevelopment plan or thorough local ordinances relating to the repair, closing, and demolition of buildings and structures unfit for human habitation. ‘Governing authority’ means the Mayor and Aldermen of the City of Savannah, a Georgia municipal corporation. ‘Millage’ or ‘millage rate’ means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the levying jurisdiction's general fund expenses for the fiscal year. ‘Person’ means such individual(s), partnership, corporations, business entities and associations which return real property for ad valorem taxation or who are chargeable by law for the taxes on the property. ‘Code official’ means the city manager or such officer or employee of the city as designated by the city manager to perform the duties and responsibilities hereafter set forth in this article. (Ord. No. 09-05, § 1, 5-12-2009) Sec. X-3. - Levy of increase ad valorem tax on blighted real property. There is hereby levied on all real property within the city which has been officially identified as maintained in a blighted condition an increased ad valorem tax by adding a factor of seven (7.0) to the millage rate applied to the property, so that such property shall be taxed at a higher millage rate generally applied in the municipality, or otherwise provided by general law; provided, however, real property on which there is situated a dwelling house which is being occupied as the primary residence of one or more persons shall not be subject to official identification as maintained in a blighted condition and shall not be subject to increased taxation. Such increased ad valorem tax shall be applied and reflected in the first tax bill rendered following official designation of a real property as blighted. Revenues arising from the increased rate of ad valorem taxation shall, upon receipt, be segregated by the city manager and used only for community redevelopment purposes, as identified in an approved urban redevelopment program, including defraying the cost of the city's program to close, repair, or demolish unfit buildings and structures. (Ord. No. 09-05, § 1, 5-12-2009; Ord. No. 11-06, § 1, 7-12-2011) 6  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Sec. X-4. - Official identification of property maintained in blighted condition. a) In order for a parcel of real property to be officially designated as maintained in a blighted condition and subject to increased taxation, the following steps must be completed: 1) An inspection must be performed on the parcel of property. In order for an inspection to be performed, a. A request may be made by the code official or by at least one resident of the city for inspection of a parcel of property, said inspection to be based on the criteria as delineated in ordinance, or b. The code official may cause a survey of existing housing conditions to be performed, or may refer to any such survey conducted or finalized within the previous five years, to locate or identify any parcels which may be in a blighted condition and for which a full inspection should be conducted to determine if that parcel of property meets the criteria set out in this article for designation as being maintained in a blighted condition. 2) A written inspection report of the findings for any parcel of property inspected pursuant to subsection (1) above shall be prepared and submitted to the code official. Where feasible, photographs of the conditions found to exist on the property on the date of inspection shall be made and supplement the inspection report. Where compliance with minimum construction, housing, occupancy, fire and life safety codes in effect within the city are in question, the inspection shall be conducted by a certified inspector possessing the requisite qualifications to determine minimal code compliance. 3) Following completion of the inspection report, the code official shall make a determination, in writing, that a property is maintained in a blighted condition, as defined by this article, and is subject to increased taxation. 4) The code official shall cause a written notice of his determination that the real property at issue is being maintained in a blighted condition to be served upon the person(s) shown on the most recent tax digest of Chatham County as responsible for payment of ad valorem taxes assessed thereon; provided, however, where through the existence of reasonable diligence it becomes known to the code official that real property has been sold or conveyed since publication of the most recent tax digest, written notice shall be given to the person(s) known or reasonably believed to then own the property or be chargeable with the payment of ad valorem taxes thereon, at the best address available. Service in the manner set forth at O.C.G.A. § 41-2-12 shall constitute sufficient notice to the property's owner or person chargeable with the payment of ad valorem taxes for purpose of this section, except that posting of the notice on the property will not be required. b) The written notice given to the person(s) chargeable with the payment of ad valorem taxes shall notify such person of the code official's determination the real property is 7  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 being maintained in a blighted condition and shall advise such person of the hours and location at which the person may inspect and copy the code official's determination and any supporting documentation. Persons notified that real property of which the person(s) is chargeable with the payment of ad valorem taxes shall have 30 days from the receipt of notice in which to request a hearing before the Recorder’s Court. Written request for hearing shall be filed with the code official and shall be date stamped upon receipt. Upon receipt of a request for hearing, the code official shall notify the Recorder’s Court and the building inspector or person who performed the inspection and prepared the inspection report. c) Within 30 days of the receipt of a request for hearing, the Recorder’s Court clerk shall set a date, time and location for the hearing and shall give at least ten business days notice to the person(s) requesting the hearing, the code official and the building inspector or person who performed the inspection and prepared the inspection report. Notice of scheduled hearings shall be published as a legal advertisement in the Savannah Morning News, or other designated legal organ in Chatham County, at least five days prior to the hearing. Hearings may be continued by the Recorder’s Court judge upon request of any party, for good cause. d) At the hearing, the code official shall have the burden of demonstrating by a preponderance of the evidence that the subject property is maintained in a blighted condition, as defined by this article. The Recorder’s Court judge shall cause a record of the evidence submitted at the hearing to be maintained. Upon hearing from the code official and/or their witnesses and the person(s) requesting the hearing and/or their witnesses, the judge of Recorder’s Court shall make a determination either affirming or reversing the determination of the code official. The determination shall be in writing and copies thereof shall be served on the parties by certified mail or statutory overnight delivery. The determination by the court shall be deemed final. A copy of such determination shall also be served upon the Tax Commissioner of Chatham County, who shall include the increased tax on the next regular tax bill rendered on behalf of the city. e) Persons aggrieved by the determination of the court affirming the determination of the code official may petition the Superior Court of Chatham County for a writ of certiorari within 30 days of issuance of the court's written determination. (Ord. No. 09-05, § 1, 5-12-2009) Sec. X-5. - Remediation or redevelopment to remove designation of blighted condition. a) A property owner or person(s) who is chargeable with the payment of ad valorem taxes on real property which has been officially designated pursuant to this article as property maintained in a blighted condition may petition the code official to lift the designation, upon proof of compliance with the following: 1) Completion of work required under a plan of remedial action or redevelopment approved by the City’s Development Services Director which addresses the 8  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 conditions of blight found to exist on or within the property, including compliance with all applicable minimum codes; or 2) Completion of work required under a court order entered in a proceeding brought pursuant to Section 8-1039 of the Code of Savannah, Georgia, shall receive certificate of occupancy or certificate of completion. b) Before action on a petition to lift the designation, the code official shall cause the property to be thoroughly inspected by a building inspector who, by written inspection report, shall certify that all requisite work has been performed to applicable code in a workmanlike manner, in accordance with the specifications of the plan of remedial action or redevelopment, or applicable court order. Upon finding required work to be satisfactorily performed, the code official shall issue a written determination that the real property is no longer maintained in a blighted condition. Copies of this determination shall be served upon the person(s) chargeable with the payment of ad valorem taxes, and upon the Tax Commissioner of Chatham County. c) All plans for remedial action or redevelopment shall be in writing, signed by the person(s) chargeable with the payment of ad valorem taxes on the real property and the City’s Development Services Department Director, and contains the following: 1) The plan shall be consistent with the city's comprehensive plan and all laws and ordinances governing the subject property, and shall conform to any urban redevelopment plan adopted for the area within which the property lies; 2) The plan shall set forth in reasonable detail the requirements for repair, closure, demolition, or restoration of existing structures, in accordance with minimal statewide codes; where structures are demolished, the plan shall include provisions for debris removal, stabilization and landscaping of the property; 3) On parcels of five acres or greater, the plan shall address the relationship to local objectives respecting land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; 4) The plan shall contain verifiable funding sources which will be used to complete its requirements and show the feasibility thereof; 5) The plan shall contain a timetable for completion of required work; and 6) Any outstanding ad valorem taxes (state, school, county and city, including the increased tax pursuant to this article) and governmental liens due and payable on the property must be satisfied in full. (Ord. No. 09-05, § 1, 5-12-2009) 9  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Sec. X-6. - Decreased rate of taxation to be applied after successful remedial action or redevelopment of blighted property. a) Real property which has had its designation as maintained in a blighted condition removed by the code official, as provided in section x-4 of this article, shall be eligible for a decrease in the rate of city ad valorem taxation by applying a factor of 0.5 to the city millage rate applied to the property, so that such property shall be taxed at a lower millage rate than the millage rate generally applied in the municipality or otherwise provided by general law; such decreased rate of taxation shall be applied beginning with the next tax bill rendered following removal of official designation of a real property as blighted. The decreased rate of taxation may be given in successive years, depending on the amount of cost expended by the person(s) chargeable with payment of ad valorem taxes on the property to satisfy its remediation or redevelopment, with every $25,000.00 or portion thereof equaling one year of tax reduction; provided, however, that no property shall be entitled to reduction in city ad valorem taxes for more than four successive years. b) In order to claim entitlement for a decreased rate of taxation, the person(s) chargeable with payment of ad valorem taxes on the property shall submit a notarized affidavit to the building official, supported by receipts or other evidence of payment, of the amount expended. (Ord. No. 09-05, § 1, 5-12-2009) Sec. X-7. - Duty of code official to provide notice to county tax commissioner. It shall be the duty of the building official to notify the Tax Commissioner of Chatham County in writing as to designation or removal of designation of a specific property as maintained in a blighted condition. Such notice shall identify the specific property by street address and tax map, block and parcel number, as assigned by the Chatham County Tax Assessor's Office. The code official shall cooperate with the tax commissioner to assure accurate tax billing of those properties subject to increased or reduced ad valorem taxation under this article. (Ord. No. 09-05, § 1, 5-12-2009) ORDINANCES FIRST and SECOND READINGS Ordinance read for the first time in Council January 21, 2016, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Bell, seconded by Alderman Miller, and unanimously carried. Rezone 325 and 335 Stephenson Avenue (MPC File No. 15-005873-ZA). An ordinance to rezone 325 and 335 Stephenson Avenue from the PUB-IS-B* (Planned Unit Development – Institutional – Special Use) and the P-I-P (Planned Institutional Professional) zoning classifications to an O-I (Office-Institutional) zoning classification. 10  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 AN ORDINANCE To Be Entitled AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM ITS PRESENT PUD-IS-B (PLANNED UNIT DEVELOPMENT- INSTITUTIONAL) AND P-I-P (PLANNED INSTUTIONAL- PROFESSIONAL) ZONING CLASSIFICATIONS TO AN O-I (OFFICE-INSTITUTIONAL) ZONING CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: The following described property be rezoned from its present PUD-IS-B and P-I-P zoning classifications to an O-I zoning classification: Commencing from a point [X: 984289.263338 Y: 733522.10839], located at the approximate intersection of the centerlines of Hodgson Memorial Drive and Stephenson Avenue, Thence proceeding in a SE direction along the approximate centerline of Stephenson Avenue for approximately 108.231 ft. to a point [X: 984392.281851 Y: 733488.924998], said point being, THE POINT OF BEGINNING, Thence continuing in a SE direction along the approximate centerline of Stephenson Avenue for approximately 301.164 ft. to a point [X: 984678.155311 Y: 733394.183265], Thence proceeding in a SW direction [S 17-19-21 W] along a line for approximately 283.66 ft. to a point, Thence proceeding in a NW direction [N 72-40-39 W] along a line for approximately 100 ft. to a point, Thence proceeding in a SW direction [S 17-19-20 W] along a line for approximately 15 ft. to a point, Thence proceeding in a NW direction [N 74-15-38 W] along a line for approximately 92.58 ft. to a point, Thence proceeding in a SW direction [S 15-43-16 W] along a line for approximately 42.11 ft. to a point, Thence proceeding in a NW direction [N 72-56-58 W] along a line for approximately 49.99 ft. to a point, Thence proceeding in a NE direction [N 15-43-14 E] along a line for approximately 165.58 ft. to a point, 11  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Thence proceeding in a NW direction [N 72-48-59 W] along a line for approximately 49.99 ft. to a point, Thence proceeding in a NE direction [N 15-43-14 E] along a line for approximately 183.55 ft. to a point [X: 984392.281851 Y: 733488.924998], said point being located on the approximate centerline of Stephenson Avenue, said point also being, THE POINT OF BEGINNING, PINs: 2-0490-05-054 & 073 SECTION 3: That the requirements of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied. 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 15th day of December, 2015, a copy of said notice being attached hereto and made a part hereof. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. EFFECTIVE DATE: This ordinance shall be effective as of the date hereof. ADOPTED and APPROVED: JAUNUARY 21, 2016 Ordinance read for the first time in Council January 21, 2016, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Bell, seconded by Alderman Miller, and unanimously carried. Rezone 11014 White Bluff Road (MPC File No. 15-005936-ZA). An ordinance to rezone 11014 White Bluff Road from the R-6 (Single-family Residential) zoning classification to the B- N (Neighborhood Business) zoning classification. AN ORDINANCE To Be Entitled AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM ITS PRESENT R-6 (ONE-FAMILY RESIDENTIAL) ZONING CLASSIFICATION TO A B-N (NEIGHBORHOOD BUSINESS) ZONING CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: The following described property be rezoned from its present R-6 zoning classification to a B-N zoning classification: Beginning from a point [X: 977573.098921 Y: 722968.408401], located at the approximate 12  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 intersection of the centerline of Rimes Avenue and the intersection of the centerline for the Right-of-Way of White Bluff Road, said point being, THE POINT OF BEGINNING, Thence proceeding in a NE direction along the approximate centerline for the Right-of-Way of White Bluff Road for approximately 297.464 ft. to a point [X: 977631.5525 Y: 723260.072698], Thence proceeding in a SE direction [S 67-36-12 E] along a line [along a canal/ditch] for approximately 272.695 ft. to a point, Thence proceeding in a SW direction [S 18-9-0 W] along a line for approximately 272.266 ft. to a point, said point being located on the approximate centerline of Rimes Avenue, Thence proceeding in a NW direction along the centerline of Rimes Avenue for approximately 236.654 ft. to a point [X: 977573.098921 Y: 722968.408401], said point being, THE POINT OF BEGINNING PIN# 2-0586-06-002 SECTION 3: That the requirements of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied. 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 15th day of December, 2015, a copy of said notice being attached hereto and made a part hereof. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. EFFECTIVE DATE: This ordinance shall be effective as of the date hereof. ADOPTED and APPROVED: JAUNUARY 21, 2016 Ordinance read for the first time in Council January 21, 2016, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried. Tri-Centennial Comprehensive Plan Future Land Use Map (MPC File No. 15-006167- FLUM). An ordinance to amend the Tri-Centennial Comprehensive Plan Future Land Use Map to change the Future Land Use Category of the property identified as PIN 2-0586-06-002, currently a single-family residence at 11014 White Bluff Road, from Residential Suburban Single Family to Commercial Neighborhood. 13  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 AN ORDINANCE To Be Entitled AN ORDINANCE TO RECLASSIFY CERTAIN PROPERTY FROM ITS PRESENT RESIDENTIAL-SUBRBAN SINGLE FAMILY COMPREHENSIVE PLAN FUTURE LAND USE MAP CLASSIFICATION TO A COMMERCIAL NEIGHBORHOOD FUTURE LAND USE MAP CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: The following described property be reclassified from its present Residential-Suburban Single Family Future Land Use Map classification to a Commercial Neighborhood Future Land Use Map classification: Beginning from a point [X: 977573.098921 Y: 722968.408401], located at the approximate intersection of the centerline of Rimes Avenue and the intersection of the centerline for the Right-of-Way of White Bluff Road, said point being, THE POINT OF BEGINNING, Thence proceeding in a NE direction along the approximate centerline for the Right-of-Way of White Bluff Road for approximately 297.464 ft. to a point [X: 977631.5525 Y: 723260.072698], Thence proceeding in a SE direction [S 67-36-12 E] along a line [along a canal/ditch] for approximately 272.695 ft. to a point, Thence proceeding in a SW direction [S 18-9-0 W] along a line for approximately 272.266 ft. to a point, said point being located on the approximate centerline of Rimes Avenue, Thence proceeding in a NW direction along the centerline of Rimes Avenue for approximately 236.654 ft. to a point [X: 977573.098921 Y: 722968.408401], said point being, THE POINT OF BEGINNING PIN: 2-0586-06-002 SECTION 3: That the requirements of Article M of said Code, consistent with the map amendment notice procedure, and the law in such cases made and provided has been satisfied. An opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this comprehensive plan amendment, said notice being published in the Savannah Morning News, on the 15th day of December, 2015, a copy of said notice being attached hereto and made a part hereof. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 14  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 EFFECTIVE DATE: This ordinance shall be effective as of the date hereof. ADOPTED and APPROVED: JAUNUARY 21, 2016 Ordinance read for the first time in Council January 21, 2016, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Bell, seconded by Alderman Shabazz, and unanimously carried. Section 8-3025 (b) (MPC File No. 15-005698-ZA). An ordinance to amend Section 8-3025 (b) the Business and Industrial District Use Schedule to allow upper story residential as a housing type within the B-C (Community Business) zoning district; Section 8-3025 (d) to establish development standards for the use; and Section 8-3002, Definitions to revise the definition of upper-story residential. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND PART 8, CHAPTER 3, ZONING TO AMEND THE DEFINITION FOR UPPER-STORY RESIDENTIAL; TO ESTABLISH AN UPPER-STORY RESIDENTIAL USE IN THE B-C (COMMUNITY BUSINESS) ZONING DISTRICT; TO PLACE THE UPPER-STORY RESIDENTIAL USE IN THE INDEX FOR B AND I ZONING DISTRICTS; TO ESTABLISH DEVELOPMENT STANDARDS; 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: Note: Text to be repealed shown in strikethrough. Text to be enacted shown in bold and underlined. REPEAL & ENACT Article A. (Generally), Sec. 8-3002, (Definitions); Upper-story residential Upper-story residential. A residential dwelling unit located on a floor above a nonresidential use. One or more residential dwelling units above a ground floor nonresidential use. 15  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 ENACT Article B. (Zoning Districts); Sec. 8-3025(b), Index for B and I Zoning Districts; Upper- story residential, Use 4 List of Uses Use No. Upper story residential 4 ENACT Article B. (Zoning Districts); Sec. 8-3025(b), Business and Industrial Use Schedule; Use 4, Upper-story residential RB-1 BN-1 BC-1 BG-1 BG-2 IL-B P-IL-T R-B-C RB-C-1 List of Uses R-B B-H B-N B-C B-G B-B I-L I-H O-I (4) Upper story -- -- -- -- -- X -- -- -- -- -- -- -- -- -- -- -- -- residenti al a. b. Such use shall be permitted only within the boundaries of the Savannah Historic District. REPEAL AND ENACT Article B. (Zoning Districts); Sec. 8-3025(d), Schedule of Development Standards; B-C District Minimum Lot Area One-family Dwelling Two-family or Minimum Lot Width or Multi-family (ft) District and Use Other Use When Dwelling: Lot Area Listed per Dwelling Unit B-C District Residential Mixed 1800 1800 18 Use - - - Nonresidential 600 600 - Upper Story Residential 16  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 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 15th day of December, 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: JAUNUARY 21, 2016 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 7th day of January, 2016 the Council entered into a closed session for the purpose of discussing Personnel and Litigation. At the close of the discussions upon this subject, the Council reentered into open session and herewith takes the following action in open session: 1. The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified; 2. Each member of this body 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. ADOPTED and APPROVED: JANUARY 21, 2016. Amendment of Map Designating The Boundaries of The General McIntosh/President Street Realignment and Improvements Project. In 2013 City Council approved a resolution establishing the alignment of the roadway of General McIntosh Boulevard and its intersection with Congress Street in connection with the General McIntosh/President Street Realignment and Improvements project. This was needed for the City to condemn the property needed for the Congress Street entrance road into the Savannah River Landing property. It is necessary at this time to amend the project boundaries to include the condemnation areas of the property needed for improvements to the Bilbo Canal. Passage of a resolution designating the boundary change is the first step in that process. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Hall, and unanimously carried per the City Manager’s recommendation. 17  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 RESOLUTION of the MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH WHEREAS, the City of Savannah has laid out and determined to construct certain roads or highways as part of the City of Savannah road system known and designated as General McIntosh Boulevard/ President Street realignment and improvements and intersection improvements, including connection of Congress Street to General McIntosh Boulevard, which shall include certain drainage improvements to the Bilbo Canal, all of same to be a part of the City road system (hereinafter referred to as “the Project”), said improvements being within the corporate limits of the City and said improvements being more fully shown on a map or maps and drawings on file in the Office of the City Manager, City Hall, 2 East Bay Street, Savannah, Georgia, and WHEREAS, in order to maintain the projected schedule of road construction, including drainage improvements and other improvements, it is necessary that the Mayor and Aldermen designate and approve an amendment to the location of the Project as set forth in a prior resolution passed by City Council on 3/7/2013 and cause the location of the additional needed land to be to be added to the project for drainage improvements to the Bilbo Canal to be published in a newspaper in the County in which the roadway and other improvements are located; and WHEREAS, the improvement of the Project will require acquisition, over, under and through several parcels of land and the acquisition of temporary construction easements and permanent utility easements over various parcels of property; and WHEREAS, the Project and establishment of appropriate drainage in conjunction with the road improvements are in the public interest and are part of other improvements of roadways. NOW THEREFORE, IT IS found and determined by the Mayor and Aldermen of the City of Savannah that the map attached hereto as Exhibit “A” should be adopted as the location of the drainage portion of the improved General McIntosh Boulevard/ President Street Realignment and Improvements, and entrance to Congress Street to the East thereof, and that same is this date adopted as the location of the improved Bilbo Canal; and IT IS further directed that the Clerk cause this location to be published in a newspaper of general circulation in this County as required by law. ADOPTED and APPROVED: JANUARY 21, 2016. Resolution Supporting Recommendations of House and Senate Joint Coastal Georgia Greenway Study Committee. The Coastal Georgia Greenway is a proposed 155-mile multi-use trail that will link Savannah to St. Marys as part of the larger East Coast Greenway initiative, which runs from Maine to Florida. The Joint Coastal Greenway Study Committee was created during the 2015 Legislative Session, and has recommended that the Coastal Regional Commission take the lead in coordinating and constructing the Greenway in four phases over the next 10 years. The Committee further recommended State appropriations of $1 million annually for the next 10 years, including $1 million in the 2016 State Budget to initiate planning. 18  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Hall, and unanimously carried per the City Manager’s recommendation. Resolved that the Mayor and Aldermen, City of Savannah, does hereby endorse the recommendations of the House and Senate Joint Coastal Georgia Greenway Study Committee and urge Governor Nathan Deal, Lt. Governor Casey Cagle, and Speaker David Ralston to support an appropriation of at least one million dollars or more in the next state budget to initiate the Greenway’s planning and construction under the coordination of the Coastal Regional Commission. ADOPTED and APPROVED: JANUARY 21, 2016. Grant Application For The Savannah Historic Resources Survey, Phase II. A resolution to authorize the City of Savannah to apply for a Georgia Department of Natural Resources, Historic Preservation Division grant in the amount of $32,000, including $15,000 in federal funding and $17,000 from the City of Savannah ($10,000 cash, $7,000 in kind). The City, in partnership with the Metropolitan Planning Commission (MPC), completed a Phase 1 historic resources survey of Carver Village in 2013. If awarded, the City plans to conduct a Phase 2 historic resources survey of the Victorian and Cuyler-Brownville Historic Districts. As part of the grant application between the City and the Historic Preservation Division (HPD) of the Department of Natural Resources, the Mayor and Aldermen must adopt a resolution agreeing to the submission of the application and attesting the availability of matching funds. The resolution must then be certified by the Clerk of Council and submitted to the Georgia Department of Natural Resources, Historic Preservation Division. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Hall, and unanimously carried per the City Manager’s recommendation. RESOLUTION STATE OF GEORGIA COUNTY OF CHATHAM WHEREAS, at the regular meeting of the Mayor and Alderman of the City of Savannah, Georgia, held on the 21st day of August 2012, a motion was made, duly seconded, and unanimously adopted that the City of Savannah authorizes the submission of an application to the Georgia Department of Natural Resources in the amount of $32,000, including $15,000 in federal funding and $17,000 from the City of Savannah ($10,000 cash, $7,000 in kind), to conduct a Phase II historic resources survey of the City of Savannah. ADOPTED and APPROVED: JANUARY 21, 2016 MISCELLANEOUS Reschedule Council Meetings. Reschedule the Council meeting of Thursday, March 17, 2016 to Tuesday, March 15, 2016 due to St. Patrick’s Day being on Thursday, March 17, 2016. Approved upon motion of Alderman Johnson, seconded by Alderman Miller, and unanimously carried. 19  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Election of Council Officers. Upon motion of Alderman Thomas, seconded by Alderman Shabazz and carried Alderman Johnson’s name was placed into consideration for Mayor Pro- Tem. Alderman Johnson asked for a moment of comment stating the Council has three offices although there is only the mention of one in the Charter. The sole purpose of Mayor Pro-Tem is to serve in the place of the Mayor, specifically as it relates to Council meetings to ensure the City is running in the absence of the Mayor. He stated he has chaired more meetings of Council than any other member and has served in the capacity of Mayor Pro-Tem for the past four years. He continued stating he served with distinction and without passion or prejudice. If Council is serious about moving the City forward and moving together as a Council he has the integrity and institutional knowledge to serve in the capacity of Mayor Pro-Tem. He ended stating the decision is to the discretion of the members of this body, but if it is for political expediency he accepts that and the will of Council. However, if it is for the will and needs of Council he believes he is best suited to serve in the capacity. Alderman Shabazz referring to Mayor DeLoach and Dyanne Reese, Clerk of Council asked if comments could be made by citizens that were present that would like to comment or speak to the matter. Mrs. Reese stated she is of the opinion that there is nothing on the agenda that the public cannot speak to. Although it has been stated in the past that individuals can only speak at one meeting the public cannot be denied the opportunity to speak regardless how many times they are present. The amount of time they speak can be limited but they cannot be denied the right to speak. Ronald Williams, West Savannah Community Organization President appeared in support of Alderman Johnson stating he has been there when the City has been in crisis, he is always present when needed and is easily accessible. Chester Dunham appeared in support of Alderman Johnson, he stated he doesn’t have an issue with anyone else but the longevity of Alderman Johnson on Council is what the community needs in order to heal it and move forward. Shaundra McKeithen appeared in support of Alderman Bell stating while she appreciates the efforts Alderman Johnson made over the years she also sees the need for true change for the Council. She stated Alderman Bell has been in the community, is educated and has been reaching out to other areas and sectors in the community and would represent Mayor DeLoach in an upstanding way. Mayor DeLoach called for the vote with the following voting in favor of Alderman Johnson being Mayor Pro-Tem: Aldermen Thomas, Johnson, Hall and Shabazz; Mayor DeLoach, Aldermen Durrence, Foster, Bell and Miller voted against the motion. The motion failed with a 5 to 4 vote. Upon motion of Alderman Foster, seconded by Alderman Miller, and carried Alderman Bell’s name was placed into consideration for Mayor Pro-Tem. The following voted in favor of the motion: Mayor DeLoach, Aldermen Durrence, Foster, Bell and Miller; Aldermen Thomas, Johnson, Hall and Shabazz voted against. The motion passed with a 5 to 4 vote. 20  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Upon motion of Alderman Durrence, seconded by Alderman Foster and carried Alderman Johnson’s name was placed into consideration for Chairman of Council. Alderman Johnson respectfully declined the motion. Upon motion of Alderman Bell, seconded by Alderman Foster, and carried Alderman Miller’s name was placed into consideration for Chairman of Council. The following voted in favor of the motion: Mayor DeLoach, Aldermen Durrence, Foster, Bell and Miller; Aldermen Thomas, Johnson, Hall and Shabazz voted against. The motion passed with a 5 to 4 vote. Upon motion of Alderman Johnson Alderman Thomas’ name was placed into consideration for Vice-Chairman of Council. Alderman Thomas respectfully declined the nomination before it had a chance to be seconded. Upon motion of Alderman Bell, seconded by Alderman Miller, and carried Alderman Foster’s name was placed into consideration for Vice-Chairman of Council. The following voted in favor of the motion: Mayor DeLoach, Aldermen Durrence, Foster, Bell and Miller; Aldermen Thomas, Johnson, Hall and Shabazz voted against. The motion passed with a 5 to 4 vote. Appointment to the Chatham Area Transit Authority. Alderman Thomas recused himself from the vote for a possible conflict. Upon motion of Alderman Johnson, seconded by Alderman Bell, and unanimously carried Alderman Durrence was approved to serve during his term of office. Authorization for City Attorney Stillwell to represent Savannah Chatham Metropolitan Police Department Officer Brandon Lord in a 2010 Civil Suit. Attorney Stillwell stated the case was brought before the City by Tracy Brannen and he recommends the City defend the officer in the case. Approved upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried. TRAFFIC ENGINEERING REPORTS Addition of Parking on Madrid Avenue. Traffic Engineering Department is recommending approval of a request to lift the parking prohibition on the north side of Madrid Avenue between Waters Avenue and Marcus Place to allow parking. Madrid Avenue between Waters Avenue and Marcus Place is situated in the Grove Park neighborhood. The block has a median that runs the length of the street and includes a number of large live oak trees. On-street parking has been prohibited for a number of years in the area of 1114 and 1118 Madrid Avenue, as the median had been widened to accommodate the growth of one of the live oaks, resulting in insufficient street width to allow through traffic to pass parked vehicles. Several years ago, the tree had to be removed; the curb line was recently restored to its previous position, returning the north lane of Madrid Avenue to its original width. The residents of the 1100 block of Madrid Avenue have requested that the parking prohibition be lifted since through traffic would no longer be inhibited by on-street parking in this area. Allowing parking on the north side of Madrid Avenue between Waters Avenue and Marcus 21  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Place would provide relief to residents of the area. It is recommended that the parking prohibition for the north side of Madrid Avenue between Waters Avenue and Marcus Place be lifted to allow parking and that the City Code be amended to reflect this change. Recommend approval. Approved upon motion of Alderman Johnson, seconded by Alderman Miller, and unanimously carried per the City Manager’s recommendation. BIDS, CONTRACTS AND AGREEMENTS Upon a motion by Alderman Bell, seconded by Alderman Durrence, and unanimously carried, the following bids, contracts and agreements were approved per the City Manager’s recommendations: EZ Valves & Parts – Annual Contract – Event No. 3556. Recommend approval to award an annual contract for Advanced Valve Technologies EZ valve and parts to Ferguson Waterworks in the amount of $181,369.42. These parts will be used by the Conveyance and Distribution Department for the EZ insertion valve system. The EZ valve unit system allows for the installation of new valves without having to shut down water service when replacements are needed. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The bidders were: L.B. Ferguson Waterworks (Pooler, GA) (D) $ 181,369.42 Consolidated Pipe & Supply Co. (D) $ 195,634.32 HD Supply Waterworks, Ltd. (D) $ 209,455.14 Fortiline Waterworks (D) $ 237,066.46 Funds are available in the 2016 Budget, Water and Sewer Fund/Water Distribution/Construction Supplies & Materials (Account No. 521-2503-51340). A Pre-Bid Meeting was conducted and one vendor attended. (D)Indicates non-local, non-minority owned business. Recommend approval. Geotechnical Engineering Services – Annual Contract – Event No. 3587. Recommend approval to award an annual contract for geotechnical engineering services to Terracon Consultants, Inc. in an amount not to exceed $50,000.00. The services will be used by multiple City departments for various projects. The services include geotechnical reports, field work, soils engineering, design calculations, drawings, details, foundation evaluations, and other related services. The average hourly cost for these services is $100.00. This is based on the average hourly rates for the following positions: Principal geotechnical engineer/geologist, senior registered professional engineer/geologist, professional engineer, junior engineer/geologist, field project engineer, field technician, CAD/drafting technician, and administrative assistant. Proposals were scored using our RFP process, which evaluates other criteria in addition to cost. Terracon scored highest due to the high qualifications of its professional team, the company’s 22  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 expert knowledge of local soil conditions, superior customer service, and based on our years of experience with its engineers in a number of capacities. This proposal was advertised, opened, and reviewed. The proposals were evaluated by the Development Services Department. Four proposals were received. Of those, three were deemed qualified and were fully evaluated. Delivery: As Needed. Terms: Net 30 Days. The proposers were: B.P. Terracon Consultants, Inc. (Chatham County, GA) (D) $100.00* Whitaker Laboratory (B) $ 83.75* Nova Engineering and Environmental (D) $ 75.63* Funds are available in the 2016 Budget, Various Accounts. A pre-proposal conference was conducted and one vendor attended. (B)Indicates local, non-minority owned business. (D)Indicates non-local, non-minority owned business. (*)Indicates average hourly rate. Recommend approval. Delinquent Tax Collection Services – Annual Contract Renewal – Event No. 3902. Recommend approval to renew an annual contract for delinquent tax collection services from Delinquent Tax Services Inc. The services will include the pursuit of delinquent taxes via standard collection notices, filing of tax executions, and searches for bankruptcy filings. The collection process will be cost neutral to the City with all costs for processing, materials, postage, and services at the expense of the contractor. The costs will be recovered by a flat fee from the taxpayers when delinquent accounts are paid to the City. The flat fee is $30.00 per collection with a balance of less than $50.00 and $50.00 per collection with a balance of more than $50.00. For collections of accounts at the levy and tax sale status, fees will be $170.00 per collection. The method of procurement for these services was the request for proposal (RFP), which evaluates other criteria in addition to cost. The criteria evaluated as part of this RFP were experience and qualification of the submitting firm, the methodology proposed for the collection process, references from previous clients, the firm’s capacity to manage accounts, and proposed cost. Proposals were received from six vendors and evaluated initially on the basis of qualifications, methodology, references, and capacity. Three proposers were found to be qualified and selected for further consideration. The recommended proposer has the ability and expertise to assist with personal property tax collection, bankruptcy administration, and excess funds administration. The recommended proposer also maintains an attorney on staff. This is the fourth and final renewal options available. Bids were originally received on October 18, 2010. Delivery: As Needed. Terms: Net 30 Days. The proposers were: B.P. Delinquent Tax Services, Inc. (Monroe, GA) (D) $356,400.00 23  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Government Tax Services (D) $336,600.00 Berkheimer Tax Administration (D) $222,003.00 This is a cost-neutral contract. A Pre-Proposal Conference was not conducted as this is an annual contract renewal. (D)Indicates non-local, non-minority owned business. Recommend approval. Medical Fitness Examination, Testing, and Evaluation Services – Annual Contract Renewal – Event No. 3908. Recommend renewing an annual contract for medical fitness examination, testing and evaluation services from St. Joseph's/Candler Health System, Inc. in the amount of $169,155.84. This amount has increased 1.5% each year under the contract. An annual increase notice was submitted with the original fee proposal to allow for yearly price increases. The services will be used by Savannah Fire and Emergency Services to provide annual health/fitness evaluations required for certification of uniformed employees. The contract will also provide initial candidate evaluations, hazmat exposure assessments, counseling and referrals for work related injury and illnesses for department personnel. This is the fourth and final renewal option available. This bid was originally received September 27, 2011. This bid was advertised, opened, and reviewed. Delivery: As Needed. Terms: Net 30 Days. The bidder was: L.B. St. Joseph’s/Candler Health Systems (Savannah, GA) (B) $161,137.50 Funds are available in the 2016 Budget, General Fund/Fire Administration/Medical Costs (Account No. 101-5101-51290). A Pre-Proposal Conference was not conducted as this is an annual contract renewal. (B)Indicates local, non-minority owned business. Recommend approval. Energov Annual Maintenance – Sole Source – Event No. 3913. Recommend approval to procure Energov annual maintenance and support from Tyler Technologies in the amount of $42,197.40. The services will provide maintenance and support for City permitting, plan review, and code enforcement software. The reason this is a sole source is because these support services are to be used with equipment that is already in place and is only available from the original provider. It is critical to have maintenance and support from the original provider to ensure authorized, knowledgeable, and timely vendor support when and if it is necessary. Delivery: As Requested. Terms: Net 30 Days. The vendor is: S.S. Tyler Technologies (Duluth, GA) (D) $ 42,197.40 Funds are available in the 2016 Budget, Internal Services Fund/Information Technology/Data Processing Equipment Maintenance (Account No. 611-1140-51251). A Pre-Proposal Conference was not conducted as this is a sole source procurement. (D)Indicates non-local, non-minority owned business. Recommend approval. 24  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Govern Annual Maintenance – Sole Source – Event No. 3914. Recommend approval to procure an annual maintenance agreement from MSGovern in the amount of $80,090.55. The agreement will provide maintenance and support for the Govern Revenue applications for property taxes, central cashiering, and business licenses. The reason this is a sole source is because MSGovern is the original developer of the software. It is critical to have maintenance and support from the original provider to ensure authorized, knowledgeable, and timely vendor support when and if it is necessary. Delivery: As Needed. Terms: Net 30 Days. The vendor is: S.S. MSGovern (Ottawa, ON) (D) $ 80,090.55 Funds are available in the 2016 Budget, Internal Service Fund/Information Technology/Data Processing Equipment Maintenance (Account No. 611-1140-51251). (D)Indicates non-local, non-minority owned business. Recommend approval. Motorola Service Agreement – Sole Source – Event No. 3915. Recommend approval to procure a six-month service agreement for the City's portable radio infrastructure from Motorola Solutions, Inc. in the amount of $84,321.78. This service agreement covers the support for all radios and dispatch equipment that is used throughout the City. Radios and dispatch equipment are used in various City departments, such as Public Works, Savannah Chatham Metropolitan Police Department, and Savannah Fire and Emergency Services. The reason this is a sole source is because Motorola is the original provider of the equipment that is already in use throughout the City. It is critical to have maintenance and support from the original provider to ensure authorized, knowledgeable, and timely vendor support when and if it is necessary. The vendor is: S.S. Motorola Solutions, Inc. (D) $ 84,321.78 Funds are available in the 2016 Budget, Internal Service Fund/Information Technology/Data Processing Equipment Maintenance (Account No. 611-1140-51251). (D)Indicates non-local, non-minority owned business. Recommend approval. 48-Inch Storm Drainage Main Rehabilitation – Emergency Purchase – Event No. 3928. Notification of an emergency procurement of a 48" diameter storm drainage main line rehabilitation from Southeast Pipe Survey, Inc. in the amount of $114,301.95. This project is for the rehabilitation of the East Perry Lane storm drainage main by the City of Savannah Storm Drainage Department. This is in preparation for the upcoming construction of the Perry Street Hotel, which is being constructed by a private developer. The cost for this project is to be split equally between the City and the private developer of the Perry Street Hotel, with the City being reimbursed in the amount of $57,150.97. 25  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 This is an emergency procurement because this work must be done before the construction of the hotel to prevent the possibility of a collapse or a cave-in of the main line. This vendor was selected because this vendor was able to immediately begin work. Delivery: Immediately. Terms: Net 30 Days. E.P. Southeast Pipe Survey, Inc. (Patterson, GA) (D) $114,301.95 Funds are available in the 2016 Budget, Capital Improvement Projects/Other Costs/Storm Sewer Rehabilitation (Account No. 311-9207-52842-DR0133). A Pre-Proposal Conference was not conducted as this was an emergency procurement. (D)Indicates non-local, non-minority owned business. Recommend approval. Amendment No. 1 to Task Order No. 11 with URS Corporation Southern, $305,325.00 – Savannah/Hilton Head International Airport. The Savannah Airport Commission requests approval of Amendment No. 1 to Task Order No. 11 with URS Corporation Southern in the amount of $305,325.00. The proposed Amendment No. 1 to Task Order No. 11 with URS Corporation Southern is to prepare concepts and costs estimates for full redevelopment of the Southeast Quadrant of the airfield, consisting of site planning, scheduling, survey, testing, and drawing revisions. Recommend approval. Install Trench Drains – North Rental Car Lot, City of Savannah Event No. 3762, $39,620.00 – Savannah/Hilton Head International Airport. The Savannah Airport Commission requests approval of a contract with Savannah Construction and Preservation in the amount of $39,620.00 for the Install Trench Drains – North Rental Car Lot project. The installation of these drains will minimize the chance of flooding during heavy downpours during the year so passengers won’t have to walk through high water during those heavy rainfall events. Bidders were: L.B. Savannah Construction & Preservation (B) Savannah, GA $39,620.00 Holland and Holland, Inc. (F), Hinesville, GA $42,500.00 E & D Contracting (E), Savannah, GA $54,600.00 PINCO(D), Garden City, GA $56,900.00 Savannah Paving Company, Inc. (D), Ellabell, GA $63,000.00 Massana Construction, (D) Tyrone, GA $98,036.00 (B)Indicates local, non-minority owned business. (D)Indicates non-local, non-minority owned business. (E)Indicates woman owned business. (F)Indicates non-local, woman owned business. Recommend approval. Task Order No. 4 with Reynolds, Smith and Hills, Inc., $621,610.00 – Savannah/Hilton Head International Airport. The Savannah Airport Commission requests approval of a contract with Reynolds, Smith and Hills, Inc. (RS&H) in the amount of $621,610.00 to design a Jumbo General Aviation International Arrivals Facility (GAF) to be located in the Northwest Quadrant of the Airport to replace the Federal Inspection Services (FIS) facility in the old terminal in the Southwest Quadrant that is scheduled for demolition. The FIS was used by USCBP (U.S. Customs and Border Patrol) staff to process arriving international general aviation passengers. 26  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 The CBP allows a so-called Jumbo GAF to process both general aviation and limited commercial flights. The proposed facility will be located and sized for present and future general aviation flights plus interim scheduled international commercial service until the new FIS facility in the upcoming terminal expansion is ready. The project scope includes designing a new GAF building for $393,710.00 plus designing a new general aviation aircraft apron, new parking lot and access roadway, fencing, and all associated utilities and infrastructure for $227,900.00 for a combined total fee of $621,610.00. Recommend approval. Employment Agreement. Agreement between the Mayor & Aldermen and Stephanie S. Cutter outlining terms of retirement and conditions upon which Cutter will remain as a City employee for a transition period to consult with the new City Manager when he/she is chosen and assumes the duties of City Manager for the City of Savannah. Recommend approval. Alderman Thomas read the entire contract between City Manager Cutter and the Mayor and Aldermen of the City of Savannah because he wants the public to know exactly what Mrs. Cutter will receive from the retirement. He also stated he wanted to ensure Council was accurate in what they portrayed to Mrs. Cutter. Upon motion of Alderman Thomas, seconded by Alderman Foster, and unanimously carried. Rev. Brenda Lee appeared asking why there isn’t a person in place currently as there must be someone qualified that works under Mrs. Cutter that knows the City. She stated she doesn’t understand why Mrs. Cutter should be paid $209,000 to remain as an advisor. She continued stating she has been watching the City of Savannah for three years and what she has seen is absolutely appalling, and doesn’t understand how these things are possible. She ended stating she feels it is time to make a change. Alderman Thomas stated there was one thing that was left out of the contract that was agreed to which he put in the form of a motion to be made into a Resolution. Upon motion of Alderman Thomas, seconded by Alderman Johnson, and unanimously carried “The Council will fully support the City Manager during her tenure of office, and will honor all terms of the City Charter concerning the City Manager’s office.” Alderman Johnson stated there appears to be an error in the contract under item 2 in the contract which needs to be addressed. Attorney Stillwell stated Alderman Shabazz is correct there is a typo in the contract which states … “one year from the term of selection of a new City Manager” but it should state “… one year from the date the new City Manager assumes office.” Upon motion of Alderman Thomas, seconded by Alderman Shabazz, and unanimously carried the wording in Section 2 of the contract between City Manager Cutter and the Mayor and Aldermen was changed to state “… one year from the date the new City Manager assumes office.” Tompkins Community Center – Event No. 3679. Recommend approval to procure construction services from Dabbs-Williams General Contractors, LLC in the amount of $2,665,000.00. The services will be used for the construction of the Tompkins Community Center addition and gymnasium renovations. The new addition will include a lobby, offices, restrooms with changing and showering areas, a multi-purpose room, a kitchen, a ceramics room, a game room, a fitness room, a weight room, and other ancillary spaces. Upgrades to the existing gymnasium will include exterior and interior painting, exterior door replacement, restriping the parking lot, accessibility improvements, exterior lighting, landscaping, and sidewalks. 27  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING January 21, 2016 Three contractors were pre-qualified to bid on this project. Of those three, two submitted bids. Both were deemed to be in compliance with the MWBE goals set forth in this project and were opened and evaluated. The project includes an overall MWBE goal of 15%, with the breakdown of 8% MBE and 7% WBE. Based on the proposed schedule of MWBE participation submitted by the low bidder, the overall MWBE participation will be 18.94%, with 9.24% MBE being performed by JCS Associates. The WBE participation submitted by the low bidder is 9.7%, with 4.34% being performed by RPI Residential and 5.36% being performed by Henry Plumbing. This bid has been advertised, opened, and reviewed. Delivery: Immediately. Terms: Net 30 Days. The bidders were: L.B. Dabbs-Williams General Contractors, LLC (B) $2,665,000.00 (Savannah, GA) Collins Construction Services, Inc. (F) $2,865,000.00 Funds are available in the 2016 Budget, Capital Improvements Funds/Capital Improvement Projects/Other Costs/Tompkins Center Renovations and Expansion (Account No. 311-9207- 52842-PB0842). A Pre-Proposal Conference was conducted and six vendors attended. (B)Indicates local, non-minority owned business. (F)Indicates non-local, woman-owned business. Recommend approval. Alderman Johnson stated he wanted to highlight the Tompkins Community Center which is in the Cuyler/Brownsville Community, they are excited to be moving forward with the project which encompasses not only SPLOST 5 but SPLOST 6 as well to the tune of $2.6M for much needed renovations. Approved upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried per the City Manager’s recommendation. Announcements Alderman Johnson stated Council will be traveling to Atlanta, GA this week for the Georgia Municipal Association’s Mayor’s Day Conference and the following week for the Savannah Area Chamber of Commerce’s Savannah Chatham Day. There being no further business, Mayor DeLoach declared this meeting of Council adjourned. Dyanne C. Reese, MMC 28