City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA December 27, 2012 The regular meeting of Council was held this date at 2:00 p.m. in the Council Chambers of City Hall. The invocation was given by Pastor Thomas Williams of First African Baptist Church of East Savannah, followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna Jackson, Presiding Aldermen Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Alderman Tom Bordeaux, John Hall, Estella Shabazz, Mary Ellen Sprague and Carol Bell Acting City Manager Stephanie S. Cutter City Attorney W. Brooks Stillwell Assistant City Attorneys William W. Shearouse and Lester B. Johnson ABSENT: Alderman Van Johnson, II Mayor ProTem (out of town) The Minutes of the following meetings were approved upon a motion by Alderman Osborne, seconded by Alderman Sprague and unanimously carried: Approval of the Council Minutes of December 13, 2012; and Approval of the summary/final minutes of the City Council Work Session/City Manager’s Briefing of December 13, 2012; and PRESENTATIONS Lisa Grove, Director and CEO of the Telfair Museums, was present to invite City Council and the public to the exhibit, “Offerings of the Angels: Paintings and Tapestries from the private collection of the Uffizi Gallery in Florence,” at the Jepson Center through March 30, 2013. It features 45 paintings and tapestries and has never been on display in the United States before now. Savannah is only one of four cities in the United States chosen to host this exhibition. Uffizi is one of the oldest museums and has one of the finest collections of paintings. Mayor Jackson said she had visited and viewed the paintings and it was one of the most fascinating exhibits she had ever seen and she encouraged everyone in the community to visit, particularly people with children. They will never be exposed to this type of art work in Savannah again and she asked the Clergymen in Action to announce it to their congregations. She also said the large frames were breath taking. Alderman Sprague said she had been to the Uffizi Gallery in Florence and she was excited these paintings were in Savannah. She viewed them at Telfair also and thanked Ms. Grove for her efforts to bring these to Savannah. Alderman Bordeaux said his wife had seen the show and said it was incredible, world class, they were proud of Telfair and thanked them for having brought it to Savannah. He looked forward to seeing it and encouraged everyone to attend. Acting City Manager Stephanie Cutter said the previous week Savannah City Employees participated in the Great Savannah Canned Food Drive. They donated over 20,000 cans of food and the most generous Bureau participating was the Bureau of Public Facilities, Events and Services. There were 306 employees who donated 3,648 cans of food. Joe Shearouse, Bureau Chief received the Most Generous Bureau Award, which was a plaque and a golden can on a pedestal. Mayor Jackson said this was Ms. Cutter’s vision and idea because there was a shortage of non-perishable items at the Second Harvest Food Bank. She said all of the canned goods were collected in four and one-half days and the Director of Second Harvest was excited beyond words. Mayor Jackson said the employees were to be commended for their efforts and it was exciting to see the enthusiasm they had with the project. Ms. Cutter said the City of Savannah is blessed to have such wonderful employees and she congratulated the bureau. Mr. Shearouse said his job was to give the employees resources to do 1 their jobs, get out of their way and let them do their jobs, which they do so well. He recognized the people who helped: Chair for the Bureau was Georcette Washington; Bill Haws-Park & Tree Michelle Dailey-Cemeteries; Vanessa Johnson-Civic Center; Bertha Kemp-Buildings & Electrical; Helen Waldburg-Buildings & Grounds; Shelva Sikes-Parks & Recreation Services; Sherri Marshall-Senior Services; Betty Burns-Athletics; Christine Hefner-Cultural Affairs; and Edith Crawford-Parks & Recreation Services. He said it was an honor to accept the award for the bureau, but it was actually about all City employees. Every day they come together, it is just “natural” for them and it was important that Council knew they had a great group of line- employees that are willing to step-up, no matter what the cause may be. Alderman Shabazz introduced the Vice-Moderator of the Clergymen in Action, Pastor Eric Mason who is the Pastor of Jesus First Community Church who was present to invite the citizens of Savannah to a special revival. Mayor Jackson said, for the benefit of the audience, prayers have gone out to Pastor Mason and his family because his son was one of the victims shot at the fairgrounds earlier this year. Pastor Mason said his son is fine and doing well although the bullet is still in his chest. He thanked the Mayor and Council for allowing him to introduce the 23rd Annual Twelve-Night Sacrificial Revival. This year’s theme is “The Family,” and it signifies everyone doing all they can to help the family. He said in talking with people in the community everyone is asking for the answer to the problems of crime. More and more people are saying to go back to the family, go back to the home, the family is not organized, and the family is not together. Therefore, the Clergymen in Action decided this year to focus on the family. Afterwards, they give back to the people in the community who supported the revival. They are working, collaborating and doing all they can as a community to help cut down on the crimes and try to bring the families back together again. LEGISLATIVE REPORTS ALCOHOL BEVERAGES LICENSE HEARING As advertised, the following alcoholic license petitions were heard. No one appeared in objection to the issuance of these licenses and upon a motion by Alderman Hall, seconded by Alderman Osborne and unanimously carried, the public hearing was closed. Upon a motion by Alderman Thomas, seconded by Alderman Sprague and unanimously carried were approved: Yomikaben Patel for Hanumanta Foodmart, Inc., requested to transfer a beer and wine (package) license from Vinod A. Patel at 1516 Montgomery Street, which has a 2012 alcohol license and is located between 31st Street and 32nd Street in District 1. (New ownership/management) Joshua K. Ody for Ruby Tuesday No. 2936, requested to transfer a liquor, beer and wine (drink) license with Sunday sales from Jennifer Goltz at 14045 Abercorn Street, which has a 2012 alcohol license and is located between Rio Road and Apache Avenue in District 6. (New management). Dineshchandra S. Panchal for SAI Jalaram, LLC t/a BMD Convenience Store, requested a beer and wine (package) license at 3830 Ogeechee Road, which is a new location between Blossom Avenue and Westgate Boulevard in District 1. (New ownership/location) Bobby R. Smith for Miyabi Japanese Steakhouse t/a Savannah Miyabi, Inc., requested to transfer a liquor, beer and wine (drink) license with Sunday sales from Miki H. Smith at 200 Eisenhower Drive, which has a 2012 license and is located between Abercorn Street and Forest Park Drive in District 4. (New management) Luciana S. Thompson for Bloc and Co, LLC t/a Rogue Water Tap House, requested to transfer a liquor, beer and wine (drink) license from Eric Richardson at 38 Martin Luther King, Jr. Boulevard, which has a 2012 alcohol license and is located between Broughton Street and Congress Street in District 1. (New ownership/management) Stephanie C. Lindley for Byrd Cookie Company of Savannah t/a Byrd Cookie Company, requested to add a liquor (drink) license with Sunday sales to an existing 2012 beer and wine (drink) license with Sunday sales at 6700 Waters Avenue, which is located between Stephenson Avenue and Eisenhower Drive in District 3. Judee Jones, Alcohol Beverage Administrator said this is now a restaurant. Upon a motion by Alderman Hall, seconded by Alderman Bell and unanimously carried the request was granted. Mihirkumar Patel for Arpit, Inc., requesting to renew for 2013 a liquor, beer and wine (package) license at 2111 W. Bay Street, which has a 2012 alcohol license and is located between Brittany 2 Street and Kenilworth Street. (The Alcohol Beverage Ordinance provides that where objections have been filed applications for renewal must be approved by the Mayor and Aldermen instead of by the City Treasurer.) Recommend authorizing the City Attorney to notify Mihirkumar Patel to appear at the January 10, 2013 Council meeting to show cause why the application should not be denied for violations of the Alcoholic Beverage Ordinance. Alderman Osborne asked the violations in question. Ms. Jones stated the petitioner is in violation of the Alcohol Beverage License; he had a Corrective Action Agreement with the City, and had not taken corrective actions. Upon motion by Alderman Bell, seconded by Alderman Thomas and unanimously carried the City Attorney will contact Mr. Patel. *********************************** ZONING Phyllis Rodges, Agent for Jonesville Baptist Church, Owner (12-001536-ZA), requesting to rezone 5215 Montgomery Street from P-B-G-1(Planned General Business Transition) to B-N-1 (Neighborhood Business – Limited). MPC recommended approval. This property is an approximately 4.5 acre site on the west side of Montgomery Street between Staley Avenue and DeRenne Avenue. The existing building has been used as warehouse/flex space since its construction in 1987. It was recently purchased by the applicant and is currently vacant. The request is to rezone the property to B-N-1 to allow the petitioner to establish a childcare center. The uses allowed within the B-N-1 zoning classification are generally less intense than those allowed in the existing P-B-G-1 classification. The site can meet the conditions associated with the establishment of a childcare center in terms of off street parking and drop off, play area and buffering. The proposed zoning is consistent with the Chatham County-Savannah Tricentennial Comprehensive Plan Future Use Map and is compatible with adjacent commercial and residential uses. City Manager recommended approval. Jack Butler was present to give MPC’s recommendations. Alderman Shabazz said she visited the property and it was a beautiful piece of land and structure. She pointed out that the requested zoning usage is less than the existing use; therefore, she was in favor of the rezoning. She commended Bishop James Rogers and his wife for taking on such massive work and not allowing that piece of property to become a blighted area for the community, the district and the City. Mr. Butler clarified that this rezoning was to operate a child care center. Alderman Bell also commended Jonesville Church and Pastor Rogers for meeting a critical need in the community. Alderman Sprague asked if the neighbors had been notified of the change and if they were aware it was a child care center. Mr. Butler confirmed they had been notified and also there were neighborhood meetings. Alderman Shabazz stated there was a tree buffer across the west-end and the back, buffering the noise. Pastor Rogers thanked Alderman Shabazz for visiting the property and said they had purchased the adjoining property. Mayor Jackson said this is the Tatemville area and there were very few day care facilities. Upon a motion by Alderman Bell, seconded by Alderman Shabazz and unanimously carried the public hearing was closed. Upon a motion by Alderman Bell, seconded by Alderman Thomas and unanimously carried the request was granted. Ordinance to cover will be drawn up for presentation at the next meeting of Council on January 10, 2013. Marie Booker, Agent and Mega LTD, Petitioner (12-001380-ZA), requested a Special Use approval of a warehouse, general office, and retail use at 7208-7210 Skidaway Road within a PUD-IS-B (Planned Unit Development-Institutional) zoning district. MPC recommended approval. The proposed rezoning (Special Use Approval) is consistent with the approved Comprehensive Tri-Centennial Future Land Use Plan. Approval of a Special Use for this site to Wholesaling in addition to the existing general office, retail, and warehouse uses within the existing PUD-IS-B zoning classification will allow existing facilities located on an arterial roadway to be utilized with a use that is compatible with the adjacent properties. The approval of the requested Special Use will not be detrimental to the properties within the general areas and will not erode the stability of the residential properties east of the subject site on the east side of Central Avenue. (Petitioner requested approval of the ordinance this date.) City Manger recommended approval. Alderman Sprague asked if additional buildings would be put on the site and asked where they would be located. Ms. Booker stated the property was previously the Kawasaki dealership, going from Skidaway to Central Avenue, with no access to Central Avenue. Alderman Sprague asked her to confirm that there would not be additional buildings and they were using the existing facilities. Ms. Booker stated that was correct and it would be less traffic than with the previous business. She said they sell medical supplies to institutions only and do not have any foot traffic and no retail; the delivery truck would stop once or twice a day. 3 Upon a motion by Alderman Thomas, seconded by Alderman Sprague and unanimously carried the public hearing was closed. Upon a motion by Alderman Thomas, seconded by Alderman Bell and unanimously carried the request was granted. Ordinance to cover was also approved on the first and second reading at this meeting (SEE ORDINANCES). Metropolitan Planning Commission (F-120802-58792-2), recommended the adoption of a resolution approving the amended Strategic Plan (Chapter 5.0) and Short Term Work Program (2011 – 2016) (Chapter 6.0) for the Chatham County-Savannah Tricentennial Plan’s Comprehensive Plan. Since the adoption of the Tricentennial Comprehensive Plan in 2002, the community has identified several challenges that were not recognized when the current Strategic Plan and associated Short Term Work Program elements were adopted. The most notable challenges are the impacts of planning decisions on community health and safety; the impact of sea level rise on development patterns; the impact of the aging population on community resources; and the impact of rising energy and food costs on community well-being. City Manager recommended approval. Mr. Butler said these recommendations came about in February, 2011; committees were formed and examinations of the existing Comprehensive Plan were reviewed to address issues since 2004 - the original development of the Comprehensive Plan. Upon a motion by Alderman Thomas, seconded by Alderman Bell and unanimously carried the public hearing was closed. Upon a motion by Alderman Osborne, seconded by Alderman Thomas and unanimously carried the request was granted. (SEE RESOLUTIONS) PETITIONS Matthew White of The Nelson Group Inc. (Landscape Architecture Firm) – Petition 120331, requested encroachment, on behalf of Critz BMW and Dale Critz Jr., onto City right-of-way for the property known as 7009 Abercorn Street for the installation of landscape irrigation lines. The specific location of the encroaching irrigation lines will be on Stephenson Avenue and Abercorn Street rights-of-way. Mr. Critz provided a signed document acknowledging, as the property owner, the request and his responsibility and liability for the encroachment. This request was reviewed by Public Works and Water Resources, Development Services, Park and Tree, and Sanitation, with no objections found. Petitioner is aware that a portion of the irrigation lines may be in the Georgia Department of Transportation (GDOT) right-or-way and the City makes no approval for a GDOT encroachment. Also, Approval of Petition 120331 in which Matthew White of The Nelson Group Inc. requested permission to encroach onto Stephenson Avenue and Abercorn Street rights-of-way for the installation of landscape irrigation lines. The City is to be held harmless for maintenance and liability of the irrigation lines. The City reserves the right to work within the area of the encroachment and will not be responsible for any damage incurred. The petitioner is advised that such encroachment grants no ownership rights to the property, and that if ever required, the encroachment must be relocated or removed upon request by the City, at the property owner’s expense. Upon a motion by Alderman Thomas, seconded by Alderman Bell and unanimously carried the petitions were granted. Michael Bennett, President of Oglethorpe Associates III, LLC (Property Owner) – Petition 120304, requested encroachment onto City right-of-way at the property known as 205 Papy Street for the installation of landscape beds. This property is the site of the proposed Embassy Suites Garage. The specific location of the beds will be on Fahm Street and Turner Street rights- of-way, fronting the garage façade between the curb and public sidewalk. This request was reviewed by Public Works and Water Resources, Development Services, Park and Tree, and Sanitation with no objections. Also, Approval of Petition 120304 in which Michael Bennett of Oglethorpe Associates III, LLC requested permission to encroach onto Fahm Street and Turner Street rights-of-way for the installation of landscape beds. The City is to be held harmless for maintenance and liability of the landscape beds. The City reserves the right to work within the area of the encroachment and will not be responsible for restoring any of the affected beds to their original condition if damage occurs. The petitioner is advised that such encroachment grants no ownership rights to the property, and that if ever required, the encroachment must be relocated or removed upon request by the City, at the property owner’s expense. City Manager recommended approval. 4 Upon a motion by Alderman Bell, seconded by Alderman Hall and unanimously carried the request was granted. ************************************* ORDINANCES First and Second Readings Double-Deck Tour Buses. An ordinance to amend the Tour Service for Hire Ordinance to permit tour service vehicles having double-deck passenger compartments. Recommend that this issue be vetted through the Council-appointed Tourism Advisory Committee (T.A.C.). All new tour related policy or ordinance changes have been routed through T.A.C. for review. T.A.C. has been working for nearly a year to bring together members of the tourism community and residents to update the current tour ordinance and enact reasonable limits to protect the Historic District while allowing the tour industry to thrive. A report from T.A.C. is anticipated in early 2013. (A letter was received requesting a deferral to January 10, 2013.) Upon a motion by Alderman Osborne, seconded by Alderman Shabazz and unanimously carried the ordinance was deferred. Mayor Jackson said there had been a lot of discussion regarding the double-decker tour buses coming to Savannah. She had a meeting with T.A.C. under the leadership of Vaughnette Goode- Walker and the Council had not received a recommendation from them as a result of their survey of the down-town area. Mayor Jackson also had some emails sent to her stating the Council had made a decision, some statements were in the newspaper that Council had made a final decision, and they have not. She said she did meet with some individuals who had brought the issue to her attention that the double-decker bus was brought to Council’s attention in 1996. No one sitting on the present Council was aware of the ordinance and the change that was being requested. She stated she was ignorant as to what was happening, had it not been brought to her attention, the exact wording of the ordinance by Ms. Goode, Ms. Carey, Eric Brooks and others. She told them before the Council made any decisions they would wait for the study from T.A.C. and they would hear all sides of what was being proposed. She said she had also spoken with the petitioner’s Attorney Jonathan Hart. He said there were concerns coming from citizens in two of the City squares and asked that the item be pulled from the agenda at this time. Mayor Jackson said the Council had always worked with residents on any matters that would impact them. Alderman Sprague asked if this was first reading and Attorney Stillwell said not unless a member of Council makes a motion, but it was his understanding that it would be deferred until after the Council receives a recommendation from T.A.C. Mayor Jackson said she explained to the individuals she met with that in order to do a first and second reading there must be a consensus from all of Council. Her recommendation was to defer it and not consider a first or second reading at this time. Alderman Bell requested clarification that the item would not be addressed this day, it would be referred to T.A.C. for vetting, and then it would go back to Council for consideration. Mayor Jackson confirmed and stated the Council would also meet with the residents affected by the buses. Also the City Manager will have a work session with Council and T.A.C. Alderman Thomas said his concern was the need for a time-review from T.A.C. and when they could expect a report back from them. He said it was unfair to the petitioner to send the request to a review committee with no reasonable, expectation of time for an answer. He also agreed with Alderman Hall as to why there was a public discussion when they were not clear on the topic. There needs to be time parameters in place and expectations as to when they could proceed. Time is a strategic element to be played by both sides and be fair to both parties. Alderman Osborne said she represented the area, she had a great deal of concern and she thought the Mayor was being gracious to allow discussion from residents present. Alderman Bordeaux said he wanted to echo some of what had been said. He did not know anything about the double decker buses except the ones he had seen in England. The Council had a presentation on this subject 2-weeks earlier and at the time it sounded like a good idea. Shortly afterwards he and he assumed others on Council, started receiving phone calls from citizens expressing it may not be the best idea. He said they are doing exactly as a City Council is charged to do, listening, evaluating, giving the citizens the right and opportunity to be heard and hopefully act expeditiously. Mayor Jackson welcomed citizens input: Julie Wade said she, along with Attorney John Hart represent the petitions seeking to bring the business to Savannah. She stated they appreciated the opportunity to appear before Council at the work session on December 13th and the opportunity to meet individually with Council and City staff. At the work session the consensus was to add this item to the agenda without going through T.A.C. because they are going through a comprehensive review of all tourism ordinances. The petition is only seeking a text amendment to delete words added in the mid- 5 1990’s in response to the traditional double-decker buses about 16-18 feet high. They propose to bring the open-air buses that are within the current restrictions of 13-feet. Ms. Wade said they have heard the concerns of the citizens and she personally reached out to Historic Savannah and the Downtown Neighborhood Association to address their concerns and answer any questions. She said the law firm and the client will be present at the T.A.C. meeting on January 3, 2013 and hopefully to visit with City staff. There is a public T.A.C. meeting on January 8 th and again they will be present and hopefully be at the January 10th Council meeting. Any further delay would impact their entry into the seasonal market. Ms. Wade thanked the City and Council and stated they looked forward to working with them Vaughnette Goode-Walker, Chairman of T.A.C. thanked Mayor and Council for their time and concerns. She said T.A.C. welcomes the opportunity to vet the possibility of the double-decker buses. Ms. Walker introduced the members of T.A.C. that were present. She said the vetting process should not take as long as anticipated but she could not guarantee a date and time. Eric Brooks stated they felt the issue was not only about the double-decker tour buses but a broader issue on the volume of tour traffic through the residential streets. The vehicles have a negative impact on the quality of life for the residents. Adding to that is the narration of the drivers which can be heard inside homes and the concern of diesel exhaust. Alderman Thomas asked Mr. Brooks how long he had lived in the house and he said since 1993. His wife leased the house from the Lane family in the 1980’s. Alderman Hall asked Mr. Brooks if he bought a piece of water-front property, would it be fair for him to say how many boats could go down the river in front of his house. Mr. Brooks said as a property owner he may not be able to set an exact number but if there seemed to be an excessive amount it would be his right as a property owner to raise that concern. He said they want quite enjoyment of their homes. If the boats going by his house were blowing horns or speaking so loudly they could be heard inside the house, then he would probably have a legitimate concern. Alderman Osborne said she also felt there was a bigger issue than just the double-decker buses and that Council and the City needed to look at the ordinances on tour buses. There needs to be a limit, enough is enough. Jean Brooks, wife of Eric Brooks said she wanted to validate a point her husband made. She said she wipes down the table on her second story balcony every day. She showed Council the soiled cloths she used to wipe the tables, along with herbs and plants that were soiled with diesel fumes. She said it was not from the double-decker buses but from the existing diesel buses that go by her house daily. It is having an impact on people’s health, on their buildings and the value of the historic district. Mayor Jackson said there were ordinances on the books that control the number of vehicles and some of these issues were addressed years ago. She said the buses are supposed to be scheduled in intervals and not back-to-back as they are doing now. This is an issue that needs immediate attention with the residents and the tour industry by meeting together and coming to a consensus as to what is needed in the City. Also, the City getting over-crowded to the point they need to set numbers in this area. Savannah is a tourist City but it is also a residential area. Alderman Sprague asked for a report on the last 2-years of violations for the tour buses. There was a suggestion that the City is not enforcing the ordinance. Have letters been sent, warnings given, citations to tour companies and taking care of the citizens? She requested the Clerk of Council’s Office provide the minutes from 1996 to review the concerns at that time and why it wasn’t passed then. Alderman Bell said for the sake of the residents, Council received a packet from City staff on the history of the prohibition of the double-decker buses dating back to 1995; however Council did not get it until December 17th. It was a fairly comprehensive packet that explains why T.A.C. made the recommendations in 1995 and if Council had the information they would have been better informed and made sure everyone was on the same page. Alderman Thomas said, based upon the information sent out, in 1995-1996 the double-decker buses were based on buses that SCAD was using within the City, not on the type of bus that is being presented now. Therefore, when T.A.C. reviews the information they should be clear to compare apples-to-apples and not a traditional double-decker bus. Alderman Shabazz stated the Council was informed in the December 13th presentation that a tremendous amount of buses were not going to be placed on the streets. Also, she is curious to review the ordinance as to the amount of vehicles allowed on the streets. She was satisfied at the last Council meeting with the number of buses and she thought it would be a good attraction for the City but at the same time, making it work for the residents. Mayor Jackson said the SlowRide was a visual experience and if the petitioners could provide a bus for the Council and residents to ride, it would help with the decision. She and Alderman 6 Osborne said they do not want anything to harm the trees or invade the privacy of the residents. Alderman Osborne said she wanted to know the height of the buses in relationship to the buildings and tree tops. Mayor Jackson told Ms. Cutter Council wanted to meet with T.A.C., Ms. Bridget Lidy, the residents and staff at the next work session. Upon a motion by Alderman Osborne, seconded by Alderman Shabazz and unanimously carried the ordinance was deferred until all parties could meet. ************************************* Ordinances read for the first time in Council December 27, 2012, then by unanimous consent of Council read a second time December 27, 2012, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Bell and carried with Aldermen Bell, Bordeaux, Thomas, Sprague, Hall, Shabazz, and Mayor Jackson voting in favor; Alderman Osborne was out of the room. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 219 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1091 OF SAID CODE TO PROVIDE THAT THE STREET NAMED HEREIN SHALL PROHIBIT STOPPING, STANDING AND PARKING AT ALL TIMES; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND, FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: That Appendix I, Section 219 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1091 of said Code, as amended, shall be amended by adding thereto the following: AMEND SECTION 219 STOPPING, STANDING AND PARKING PROHIBITED AT ALL TIMES TO INCLUDE MERSEY WAY On west and south sides of Mersey Way from Ogeechee Road to Chatham Parkway. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED this 27th day of December, 2012 ************************************* Ordinances read for the first time in Council December 27, 2012, then by unanimous consent of Council read a second time December 27, 2012, placed upon its passage, adopted and approved upon a motion by Alderman Sprague, seconded by Alderman Thomas and carried with Aldermen Bell, Bordeaux, Thomas, Sprague, Hall, Shabazz, and Mayor Jackson voting in favor; Alderman Osborne was out of the room. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 229 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003), PERTAINING TO SECTION 7-1131 OF SAID CODE AND TO PROVIDE BICYCLES PATHS OR SIDEWALKS; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to lawful authority thereof. SECTION 1: That Appendix I, Section 229 of the Code of the City of Savannah, Georgia (2003), pertaining to Section 7-1131 of said code and to provide bicycle paths or sidewalks, as amended, shall be amended by adding the following: AMEND SECTION 229, BICYCLE PATHS OR SIDEWALKS TO INCLUDE 7  ENACT PRICE STREET Price Street Bike Lane from Bay Street to 42nd Street. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED this 27th day of December, ********************************* Ordinances read for the first time in Council December 27, 2012, then by unanimous consent of Council read a second time December 27, 2012, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Hall and carried with Aldermen Bell, Bordeaux, Thomas, Sprague, Hall, Shabazz, and Mayor Jackson voting in favor; Alderman Osborne was out of the room. AN ORDINANCE To Be Entitled AN ORDINANCE TO ESTABLISH A SPECIAL USE-MEDICAL SUPPLY WHOLESALE DISTRIBUTION IN CONJUNCTION WITH GENERAL OFFICE, RETAIL AND WAREHOUSE USES IN A PUD-IS-B ZONING DISTRICT; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES: BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof: SECTION 1: That pursuant to and subject to the conditions of Section 8-3033 of the Zoning Ordinance, a special use-medical supply wholesale distribution in conjunction with general office, retail and warehouse uses is hereby established within the following described PUD-IS-B Zoning District: LEGAL DESCRIPTION: Commencing from a point, [ X: 993546.954245 ft Y: 727196.873317 ft ] located at the approximate intersections of the centerlines of the Scott Drive and Skidaway Road, thence proceeding in a direction Southeasterly direction, along the centerline of the Skidaway Road for approximately 438.33 ft. to a point [ X: 993628.690544 ft Y:726767.112217 ft ], said point being, THE POINT OF BEGINNING; thence proceeding in a direction: N 54-19-5 E, along a line for an approximate distance of: 384.923 ft. to a point [ X: 993941.351 ft Y: 726991.633 ft ], located on the approximate centerline of Central Avenue, thence proceeding in a direction: S 14- 44-14 E, along the approximate centerline of Central Avenue for an approximate distance of: 310.889 ft. to a point [ X: 994020.437 ft Y: 726690.970 ft ], thence proceeding in a direction: S 66-47-51 W, along a line for an approximate distance of: 343.972 ft. to a point [ X: 993704.286 ft Y: 726555.452 ft ], a point located on the approximate centerline of the Skidaway Road, thence proceeding in a Northwesterly direction, along the approximate centerline of Skidaway Road for an approximate distance of: 192.257 ft. to a point, [ X: 993546.954245 ft Y: 727196.873317 ft ] said point being, THE POINT OF BEGINNING. The property is further identified by the Property Identification Number as follows: P.I.N.: 2-0429-02-008 SECTION 2: Said special use is approved upon recommendation of the Metropolitan Planning Commission and after a public hearing and findings in accordance with Section 8-3167 of the Zoning Ordinance. SECTION 3: 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 8th day of December, 2012, a copy of said notice being attached hereto and made a part hereof. ADOPTED AND APPROVED this 27th day of December, 2012. ************************************* 8  RESOLUTIONS Alderman Thomas said every year he asks the same question because every cell phone in the City is charged $1.50 per month; he wants to know how the City uses the money to address the 911 system. Landlines are being dropped and more and more people are going to cell phones. How much is collected, is the City getting the true amount they should get, from the different carriers? He said he had several cell phones and he pays the tax on each one of them and he does not believe the fee should be the same every year. Alderman Bordeaux asked how the fee was based and was it on local numbers. Management Services Bureau Chief Sean Brandon said the fee is collected by the cell phone companies and then remitted to the City. They keep track of where the phone was originally purchased and which region it is assigned. Mr. Brandon stated the City audited in the past but not recently. Alderman Thomas requested an up-to-date audit due to the fact there are large companies in the City and there are hundreds of thousands of cell phones in the community. This money is collected each and every month and just as sales taxes the City should review how the monies are being collected. Ms. Cutter stated the fee was based on the billing address. Alderman Hall questioned the fees from the free-phones, and the pre-paid phone cards. Mr. Brandon stated the phone had to use a cellular service at which point they would remit the charge back to the City. Alderman Thomas stated Alderman Hall had a valid issue; the Cricket service doesn’t have a monthly plan. He again requested an audit as the City would do on sales taxes. Upon a motion by Alderman Thomas, seconded by Alderman Hall and unanimously carried the resolution was passed. AN ANNUAL RESOLUTION TO CONTINUE TO COLLECT E-911 FEES RESOLUTION OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA, TO REAUTHORIZE THE COLLECTION OF AN E-911 FEE FOR LANDLINE, CELLULAR, AND VOICE OVER INTERNET PROTOCOL TELECOMMUNICATIONS SERVICE BY SERVICE PROVIDERS AND TO AUTHORIZE COLLECTION OF MAINTENANCE FEES FOR EMERGENCY TELEPHONE SYSTEMS DIRECTLY FROM SUBSCRIBERS WHOSE BILLING ADDRESS IS WITHIN THE CITY OF SAVANNAH OR WHOSE EXCHANGE ACCESS FACILITIES AND ACCESS LINES ARE IN AREAS SERVED BY THE CITY OF SAVANNAH. Whereas, E-911 emergency telephone services provides a life saving link between City residents and emergency services; and Whereas, The City of Savannah now provides this valuable service to promote the safety, health and well-being of residents and of the many visitors each year; and Whereas, it remains in the best interest of the citizens of the City of Savannah to continue the service, and the Mayor and Aldermen desire to authorize and reaffirm a method of funding the service that does not rely entirely on property taxes or other taxes; and Whereas, the Mayor and Aldermen of the City of Savannah previously adopted resolutions to provide for collection of E-911 fees by landline, wireless, and Voice Over Internet Protocol telecommunications service providers. Now, Therefore, Be It Resolved, that the Mayor and Aldermen of the City of Savannah reaffirm the necessity for collection of a monthly E-911 charge of $1.50 from each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the geographic areas of the City of Savannah served by the Savannah Chatham Metropolitan Police Department; reaffirm the necessity for a monthly charge of $1.50 per month per wireless connection subscribed to by wireless telephone subscribers whose billing address is within the geographic area of the City of Savannah for subscribers; and reaffirm the necessity for collection of a monthly E-911 fee of $1.50 upon each Voice Over Internet Protocol exchange access facility subscriber whose exchange to access lines are in areas within the City of Savannah service area. ADOPTED AND APPROVED this 27th day of December, 2012, upon a motion by Alderman Thomas, seconded by Alderman Hall and unanimously carried. ************************************* RESOLUTION OF ADOPTION BY THE CITY OF SAVANNAH 9 Whereas, the Comprehensive Plan for Chatham County and the City of Savannah, Georgia, was adopted in November 2006 following more than two years of research and development; and Whereas, since the plan was developed in 2004, issues and challenges facing the community have arisen that were not addressed n the Goals and Objectives in the original Comprehensive Plan; and Whereas, citizens’ committees were formed and asked to evaluate the Strategic Plan based on how well it addressed the impact of planning decisions on community health; the impact of climate change and sea level rise on development patterns; the impact of the aging population on community resources; and the impact of rising energy and food costs on community well-being; and Whereas, those committees developed new Goals and Objectives for the Strategic Plan (Chapter 5.0) of the Comprehensive Plan for Chatham County and the City of Savannah, Georgia to address these issues; and Whereas, those additional Goals and Objectives have been incorporated in the Short Term Work Program (Chapter 6.0) of the Comprehensive Plan for Chatham County and the City of Savannah, Georgia; and Whereas, the Department of Community Affairs requires written notice amendments to the Comprehensive Plan for Chatham County and the City of Savannah, Georgia were adopted; Be it therefore resolved, that the Savannah City Council does herby adopt the amended Strategic Plan (Chapter 5.0) and Short Term Work Program (2011-2016) (Chapter 6.0) and authorizes the County Manager to transmit the Resolution of Adoption and the Amended Strategic Plan (Chapter 5.0) and Short Term Work Program (2011-2016) (Chapter 6.0) to the Coastal Regional Commissions and Department of Community Affairs as required by the Georgia Planning Act of 1989. Adopted and approved this 27th day of December, 2012, upon motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried with the City Attorney’s review and approval. ************************************* MISCELLANEOUS Authorize Transfer of Capital Improvement Program (CIP) Funding to Fund Waters Avenue Corridor Improvements. Authorized the Acting City Manager to transfer funding authorized for PB0636 New Property Maintenance ($1,000,000) to PD309 Waters Avenue Corridor Improvements, ($1,470,400). The new Property Maintenance Office was originally planned to relocate to Waters Avenue however it will now remain at the current location in the Gamble Building. This transfer of funding will provide funding to support the Waters Avenue Shopping Center renovation and planned Waters Avenue streetscape improvements scheduled for 2013 if transfer of funding is approved. If approved total funding in PD309 Waters Avenue Corridor Improvements will total $2,470,400. The shopping center renovation contract cost totals $1,485,000 leaving a balance of $985,400 for streetscape improvements and/or unanticipated costs associated with the shopping center renovation. City Manager recommended approval. Upon a motion by Alderman Thomas, seconded by Alderman Hall and unanimously carried the request was granted. Policy and Guidelines for Murals. The Metropolitan Planning Commission (MPC) staff presented the Historic Site and Monument Commission’s recommendations for a policy and guidelines concerning murals during a Council workshop on May 17, 2012. The proposed mural policy defines murals and graffiti and outlines review criteria and the review process. The City Manager and City Council members recommended (without voting on) several changes to the proposed policy as summarized below: Change the review process so that all murals on public or private property come to City Council for final approval. Change the review process to ensure that neighborhood associations are notified in advance of mural proposals. Change the review process to ensure that the City Manager and City Council are notified in advance of mural proposals. 10  Change the review process to ensure that property and business owners in the vicinity are notified in advance of mural proposals. Add additional language to the definition of a mural to expand to other applications types beside “paint.” The MPC staff presented these recommended changes to the Commission. The Commission approved recommending that City Council revise the Master Plan and Guidelines to include a notification process to apply to all markers, monuments and public art, and to consist of a 10-day sign posting. The Commission also approved recommending that Council revise the definition of a mural to read, “A singular, flat work of art applied (with property owner and HSMC approval) on a building, structure, fence, or other object within public view…” The MPC staff further recommended approval of revising the Master Plan and Guidelines to include a separate section within Chapter 8 on the notification process so as to apply to all markers, monuments and public art; a 10 day sign posting; written notice to property owners within 200 feet and email notification for the neighborhood association, other interested parties and the City Council and the City Manager; and revising the definition of a mural to read, “A singular, flat work of art applied (with property owner and HSMC approval) on a building, structure, fence, or other object within public view…” City Manger recommended approval of the MPC staff recommendations, which include and expand upon the Commission’s recommendations Alderman Thomas said this was a significant public input item and asked if the City was holding a work shop on murals. He requested a work session on the murals on January 10th and the policy adoption on January 24th so that everyone is clear on the proposal. Alderman Osborne said she was summons to Waters Avenue to see a mural that no one knew about or how it got there and on the bottom it had a signature that implied the City of Savannah gave approval; which the City staff knew nothing about. She said the City should go through the proper channels listed in the policy so that the City and Council could respond appropriately. Upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried the policy was deferred to a January 10, 2012 Work Session before placing on the January 24, 2013 Council Agenda. New Horse and Carriage Stands. Section 6-1575 of the City of Savannah’s Horse-Drawn Carriages for Hire Ordinance requires new carriage stands to be reviewed and approved by the Mayor and Aldermen. The following locations—the north side of the 200 block of W. Bryan Street between Jefferson and Barnard Streets and the north side of the 100-200 block of the W. Bay Street Strand—have been vetted by the Tourism Advisory Committee (TAC) and approved by appropriate City departments. These new stands will address concerns in City Market. Leases for carriage stands expire on January 13, 2012. City Manager Cutter recommended approval; City staff worked with T.A.C. and owners at City Market. Alderman Thomas applauded T.A.C. and Ms. Goode-Walker. He also asked if the City was leasing carriage stands and Ms. Cutter stated they were not. Upon a motion by Alderman Hall, seconded by Alderman Thomas and unanimously carried the stands were approved. TRAFFIC ENGINEERING REPORTS Parking Removal – West End of 1200 Block of E. 68th Street. The South Gardens Christian Church submitted a request for a “No Parking Zone” on the north side of their location at 1206 E. 68th Street to facilitate two-way traffic. The 1200 Block of E. 68th Street begins at Sanders Street and continues east to Ranger Street. The street is primarily residential however South Gardens Christian Church is located on the west end of the block. Representatives of the Church contend that parking on both sides of the street is hazardous in this location primarily because of the narrow width and high traffic volume. In addition, the inability to access the west-end of the street blocks access to the church parking lot and circular driveway. Traffic Engineering investigated the parking situation at this location and found that the street on the east end is 30 feet wide and only 23 feet wide on the west end. Some residents, despite having off-street spaces, park on both sides of the street. This reduces the available width for traffic to 10 feet or less. The Fire Marshall requires that on-street parking leave a minimum of 20 feet of unobstructed travel lane to allow access for public safety vehicles. It is recommended that on-street parking be prohibited on the west end of the 1200 block of E. 68th Street beginning at Sanders Street and moving east for 190 feet. Because the street is wider on the east end, Traffic Engineering does not recommend parking removal on that end of the 11 block. (This item is deferred from December 13, 2012.) City Manager recommended approval. Upon a motion by Alderman Thomas, seconded by Alderman Sprague and unanimously carried the request was approved. Ordinance to cover will be drawn up for presentation at the next meeting of Council on January 10, 2013. BIDS, CONTRACTS AND AGREEMENTS Upon motion of Alderman Osborne, seconded by Alderman Hall and unanimously carried, the following bids, contracts and agreements were approved: Safety Shoe Services – Annual Contract Renewal – Event No. 564. Renewed an annual contract to provide safety shoe services from Boots Unlimited, LLC in the estimated amount of $54,640.00. This contract provides safety shoes (steel toes) for City employees who are required to wear them. The City pays up to $80.00 for one pair of shoes per year for eligible City employees. Employees must pay any additional amount over $80.00. This is the last of three renewal options available. Delivery: As Needed. Funds are available in the 2012-2013 Budget, Various Departments/ Clothing and Laundry (Account No. Various 51310). Automotive Parts – Annual Contract Renewal – Event No. 896. Renewed annual contract to procure automotive parts from Johnson Industries for items (5 thru19, 28, 29, 33, 37, 38, 40, 41, 42, 44, 46, 53, 54, 56, 63, 69,72,73, 75, 77, 78 and 79) in the amount of $36, 613.59 and from The Parts House for items (1 thru 4, 20 thru 27, 30, 31, 32, 34, 35, 36, 39, 43, 47, 48, 50, 51, 52, 55, 57, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68, 70, 71, 74, 76 and 80) in the amount of $17,097.06 for a grand total of $53,710.65. The automotive parts will be used by Vehicle Maintenance to maintain and repair the City's vehicle fleet. This is the first of two renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Internal Service Fund/Inventory Vehicle Parts (Account No. 611-0000-11325). Auxiliary Power Unit Generator Maintenance – Annual Contract Renewal – Event No. 897. Renewed an annual contract to procure auxiliary power unit maintenance from Pro Power Solutions (Items 3-4) in the amount of $82,106.00, from Cummins Power South (Items 5-6 partial,17-20) in the amount of $70,971.60, from W.W. Williams (Items 1-2,7-14) in the amount of $64,632.00, Yancey Power Systems (Items 5-6 partial) in the amount of $14,508.00, and TAW (Items 15-16,21-22 in the amount of $9,607.00, for a grand total $396,324.60 which also include $154,400.00 for additional labor and parts not included in the scheduled maintenance program. The maintenance will be used by various City departments to maintain and repair generators which are critical to the operation of the City, especially in emergency situations. For items 5-6 and 15-22 the low bidder is not being recommended for award due to the critical needs of those specific departments. Both Water Reclamation and Stormwater have highly critical generators which operate the wastewater treatment plants during power outages and stormwater pumping stations during heavy rain events. This equipment must be maintained by the authorized manufacturer's representatives due to the proprietary nature of the software that operates the switchgear and the availability of original equipment manufacturer parts. For all other items, the low bidder is being recommended for award. This is the first of two renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012- 2013 Budget, Parking Services Fund/Parking Garages/Equipment Maintenance, (Account No.561-1114-51250), General Fund/Stormwater Management/Equipment Maintenance, (Account No. 101-2104-51250) General Fund/Administrative Services/Equipment Maintenance, (Account No. 101-4240-51250), General Fund/Fire Administration/Equipment Maintenance, (Account No. 101-5101-51250), Water & Sewer Operating Fund/ Water Supply & Treatment/Equipment Maintenance, (Account No. 521-2502-51250), Water & Sewer Operating Fund/Lift Station Maintenance/Equipment Maintenance, (Account No. 521-2552-51250), Water & Sewer Operating Fund/President Street Plant/Other Contractual Service, (Account No. 521- 2553-51295), Water & Sewer Operating Fund/Regional Plants/Other Contractual Services, (521- 2554-51295, I & D Operating Fund/I & D Operation & Maintenance/Equipment Maintenance, (Account No. 531-2581-51250). Barricades, Lights and Safety Equipment – Annual Contract Renewal – Event No. 899. Renewed an annual contract to procure barricades, lights and safety equipment from Transafe, Inc. (Item 1) in the amount of $31,500.00 and Garden State Highway Products (Items 2-5) in the amount of $12,986.50 for a grand total of $44,486.50. The safety equipment will be used by Traffic Engineering to provide a safe work environment during street and other infrastructure maintenance and repairs. The equipment will be stocked by the Central Warehouse for the use of various departments. This is the last of two renewal options available. Delivery: As Needed. 12 Terms: Net 30 Days. Funds are available in the 2012-2103 Budget, General Fund/Traffic Engineering/Construction Supplies & Materials (Account No. 101-2103-51340). Box Office Ticketing System – Annual Contract Renewal - Event No. 901. Renewed an annual contract with Intellimark d/b/a E-Tix.com for a box office ticketing system for the Civic Center. The ticketing system will be used to provide event tickets via the phone, Internet and at various ticket outlets. The system also allows customers to print tickets at home. Customers pay $1.75 per ticket for on-line purchases. Phone orders are $1.75 per ticket and an additional $4.50 per order. The customer fees pay for all of the maintenance costs associated with the system. This is the seventh of nine renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Civic Center Fund/Operating/Box Office Fees (Account No. 551-0000-45518). Pumps and Generators – Annual Contract Renewal – Event No. 905. Renewed an annual contract for the rental of pumps and generators for emergencies to MWI Pump Rental (Items 1- 5A & 8) as primary contractor in the amount of $8,704.80; to Xylem(formerly Godwin Pumps) (Items 1-5A & 8) as secondary contractor in the amount of $58,237.00; to Sunbelt Rentals (Items 1-5A & 8) as tertiary contractor in the amount of $71,096.96; to Cummins South (Items 6-7A) as primary contractor in the amount of $49,881.60, to Yancey Power Systems (Items 6-7A) as secondary contractor in the amount of $58,848.00, and to Xylem (Items 6-7A) as tertiary contractor in the amount of $59,168.00. The equipment rentals will be used by various City departments in case of emergencies such as power outages or storms to augment City equipment. The equipment includes pumps and generators of various sizes. Primary, secondary and tertiary contracts are recommended so that adequate numbers of equipment is available at the time of need. For all items, the low bidder is being recommended for award. This is the last of two renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Various Accounts. Fire Hydrants and Repair Parts – Annual Contract Renewal – Event No. 924. Renewed an annual contract to procure fire hydrants and repair parts from Ferguson Waterworks in the amount of $94,722.98. The fire hydrants are maintained in inventory at the Central Warehouse and are used to replace failing fire hydrants in the water distribution system. The original award of this contract was split between two vendors. The second vendor declined to renew this contract. The recommended contractor has agreed to match their pricing. This is the first of two renewal options available. Delivery: 5 Days. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Central Warehouse Inventory (Account No. 611-0000-11330). Street Sweeper Replacement Brooms – Annual Contract Renewal – Event No. 930. Renewed an annual contract to procure street sweeper replacement brooms from Keystone Plastics, Inc. in the amount of $124,404.00. The replacement brooms will be used by Street Cleaning. This is the first of two renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Sanitation Fund-Operating/Street Cleaning/Operating Supply & Materials (Account No. 511-7104-51320). Kubota and Tractor Parts – Annual Contract Renewal – Event No. 931. Renewed an annual contract to procure Kubota and other heavy tractor parts from Hendrix Machinery, Inc. in the amount of $33,000.00. The parts will be used by Vehicle Maintenance to repair and maintain tractors and heavy equipment. This is the last of two renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Internal Service Fund/Inventory Vehicle Parts (Account No. 611-0000-11325). Sewer Backup Cleaning – Annual Contract Renewal – Event No. 943. Renewed an annual contract to procure sewer backup cleaning services from Service Master of Savannah in the amount of $30,507.40. The cleaning services are used by Sewer Maintenance to mitigate sewage back up in homes. This is the second of three renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Water & Sewer Fund/Other Contractual Services (Account No. 521-2551-51295). Machine Shop Services and Welding Repairs – Annual Contract – Event No. 945. Renewed an annual contract to procure machine shop and welding services to P & O Machine Shop (Items 1 & 2) in the amount of $39,300.00 and to L & H Welding (Items 3 & 4) in the amount of $15,710.00 for a contract total of $55,010.00. The services will be used by various City departments to complete needed maintenance and repairs to equipment and machinery. This is the second of three renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2013 Budget, Water and Sewer Fund-Operating/President Street Plant/Other Contractual Services (Account No. 521-2553-51295) and Water and Sewer Fund- 13 Operating/Small Plants Operation & Maintenance/Other Contractual Services (Account No. 521- 2554-51295). Medical Fitness Examination, Testing and Evaluation Services – Annual Contract Renewal – Event No. 946. Renewed an annual contract to procure medical fitness examination, testing and evaluation services to St. Joseph's/Candler Health System, Inc. in the amount of $161,137.50. 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 first of four renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2013 Budget, General Fund/Fire Administration/Other Contractual Services (Account No. 101- 5101-51290). Motorcycle Lease for Savannah-Chatham Metropolitan Police Department (SCMPD) – Annual Contract Renewal – Event No. 948. Renewed an annual contract for the lease of six (6) motorcycles in the amount of $27,594.00. The contract will be utilized by the SCPMD for the annual lease and maintenance of six (6) motorcycles for the Traffic Unit. Solicitations were made to all known area dealers. Only one bid was received. This is the second of four renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, General Fund/Traffic Unit/Rentals, (Account No. 101-4231-51230). Multi-Function Copiers – Annual Contract Renewal – Event No. 949. Renewed an annual contract for multi-function copier/scanner/printers to Automated Business Resources in the amount of $277,146.04. The multi-function equipment will be used by City staff at various City locations. The per copy imprint rate is $.0214 per black and white copy and $.1530 per color copy. About 85% of the copiers are connected to the City’s computer network to function as computer printers and scanners at no additional charge. These rates reflect an approximate costs savings of 10% from the previous contract. The method used to procure these services was the Request for Proposal (RFP), which evaluates other criteria in addition to price. The criteria evaluated as part of this RFP were qualifications and experience of the company, technical aspects including meeting specifications of required equipment, service quality level guarantees, reports and invoicing, and the ability to print to the financial software system platform, references from previous clients, and fees. This is the first of four renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, charged to multiple City accounts. Recycled Crushed Aggregate Stone – Annual Contract Renewal – Event No. 951. Renewed an annual contract to procure recycled crushed stone and crusher run (Items1,3,5), from ADRS Services in the amount of $50,125.00, and recycled crushed stone and rip rap (Items 2,4), from Griffin Construction, Inc. in the amount of $12,593.75 for a grand total of $62,718.75. The recycled stone and crusher run will be used at the Landfill for traction and roads. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Sanitation Fund- Operating/Refuse Disposal/Construction Supplies & Materials (Account No. 511-7103-51340). Surveying and Drafting Services – Annual Contract Renewal – Event No. 958. Renewed an annual contract to procure surveying and drafting services from Brewer Land Surveying in the amount of $30,600.00. The services will be used by various City departments to obtain surveys of property and to augment staff for drafting services. Horne Surveying and Mapping was originally awarded "Primary" vendor and Brewer Land Surveying Secondary however, Horne Surveying declined renewal this year due to company changes. Development Services has approved only one contractor for this work. This is the first of two renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Various CIP Projects, (Account No. 311-9207-52482). Manhole Rings and Covers – Annual Contract Renewal – Event No. 969. Renewed an annual contract renewal for manhole rings and covers from HD Supply Waterworks (Items 1 & 2) in the amount of $8,555.04 and to Ferguson Waterworks (Items 3 & 4) in the amount of $115,168.00 for a grand total of $123,723.04. The rings and covers will be used by Sewer Conveyance and Water Distribution as replacements on water and sewer lines. Items 1 and 2 are maintained in inventory at the Central Warehouse. This is the first of three renewal options available. Delivery: 1-30 Days. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Water & Sewer Operating Fund/Sewer Maintenance/Construction Supplies & Materials (Account No. 521-2551-51340) and Internal Service Fund/Central Stores Inventory (Account No. 611-0000-11330). 14 Concrete Median and Edge/Shoulder Flumes – Annual Contract Renewal – Event No. 1016. Renewed an annual contract to procure concrete flume installation services from Coastline Concrete Services in the amount of $34,110.00. The contract will be used by Streets Maintenance to install median and edge/shoulder drainage flumes as required along Truman Parkway. This is the last of two renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, General Fund/Street Maintenance/Other Contractual Services (Account No. 101-2105-51295). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (D)Indicates non-local, non-minority owned business. Drive Train Components – Annual Contract Renewal – Event No. 1022. Renewed an annual contract to procure drive train components from Savannah Drive Line in the amount of $57,750.00. The drive train components will be used by Vehicle Maintenance to maintain and repair vehicles in the City’s vehicle fleet. This is the second of three renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Internal Service Fund/Inventory Vehicle Parts (Account No. 611-0000-11325). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (B)Indicates local, non- minority owned business. Occupational Health Services – Annual Contract Renewal – Event No. 1024. Renewed an annual contract to procure occupational health services from Substance Abuse Testing d/b/a Health Awareness in the amount of $39,750.00. The occupational health services include but are not limited to: pre-employment physicals, disability evaluations, and medical records review. These services will be provided to City of Savannah applicants and current employees. This is the second of four renewal options available. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, General Fund/Human Resources/Medical Costs (Account No. 101-1103-51290). A Pre-Proposal Meeting was not conducted as this is an annual contract renewal. (B)Indicates local, non-minority owned business. Recommend approval. Heavy Equipment Rental – Annual Contract Renewal – Event No. 1049. Renewed an annual contract for Heavy Equipment Rental from Groundworks Unlimited, LLC in the amount of $56,232.40. The rental contract is needed to provide short term use of heavy equipment (bulldozers, dump trucks, etc.) to augment City fleet equipment particularly at the Landfill. This is the first of two renewal options available. Delivery: As Needed. Terms: 2%/10 Days. Funds are available in the 2013 Budget, Sanitation Fund/Refuse Disposal/Rentals, (Account No. 511- 7103-51230). Third Party Administration Services for Worker’s Compensation and Auto Liability Services Event No 1051. Renewed an annual contract to procure third party administration services for worker's compensation claims and automotive liability claims from GAB Robins in the estimated amount for 2013 of $247,275.00. The services are needed to control worker's compensation costs for employees who are injured on the job and automobile liability costs associated with City vehicles involved in an accident. This is the third of four renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2013 Budget, Risk Management Fund/Workers Compensation/Administrative Charges (621.9806.52239) and Risk Management Fund/Auto Liability/Administrative Charges (621.9812.52239). Polymer for I & D Water – Annual Contract Renewal – Event No. 961. Renewed an annual contract to procure polymer from Polydyne, Inc. in the amount of $63,750.00. The polymer will be used at the I & D Water Plant for sludge dewatering and drinking water treatment. The reason why a sole source vendor is required is that the sludge dewatering facility is very sensitive to process variations. This company was proven to provide the best performing polymer out of the evaluation process. This is the fifth renewal option for this contract. Delivery: As Needed. Terms: Net 30 Days. Funds are available in the 2013 Budget, I & D Water Fund/I &D Operation & Maintenance/Chemicals (Account No. 531-2581-51323). (D)Indicates non-local, non-minority owned business. Annual Support Maintenance – Sole Source – Event No. 1048. Approval to procure annual maintenance and support for Govern Revenue software from MSGovern in the amount of $48,595.71. This software is used to provide Revenue applications for Property Tax, Central Cashiering, and on-line Property Tax payments. Implementation effort is underway for the Business License module (scheduled to go-live in January 2013). Final systems to convert are Utility Billing and Miscellaneous Billing currently targeted for the end of 2013. The reason for this sole source procurement is that maintenance and support are only available from the software publisher. Funds are available in the 2012-2013 Budget, Information Technology, Data Processing Equipment and Maintenance (Account No. 611-1140-51251). 15 Decorative Traffic Signal Poles – Event No. 759. Approval to procure 45 decorative traffic signal poles from A to Z Muni-Dot in the amount of $29,925.00. The poles will be utilized by Traffic Engineering to replace traffic signal poles on Broughton Street which are rusted and in poor condition. These poles are identical to the poles being replaced. Although only one bid was received, pricing was solicited from all known providers. Delivery: 6 Weeks. Terms: Net 30 Days. Funds are available in the 2013 Budget, Capital Improvement Projects/Other Costs/Downtown Signal Poles (Account No. 311-9207-52842-TE612). (This item is deferred from December 13, 2012.) One Ton Dump Trucks – Event No. 812. Approval to procure two one ton dump trucks from J.C. Lewis Ford in the amount of $64,966.00. The trucks are being replaced because they are no longer economical to operate or repair and are on the vehicle replacement list. Delivery: As Requested. Terms: Net 30 Days. Funds are available in the 2012 Budget, Vehicle Purchases/Vehicular Equipment (Account No. 613-9230-51515). Paulson Softball Complex Dugout Construction – Event No. 776. Approval to procure the services required for the replacement construction of ten (10) dugouts at the Paulson Softball Complex from Arentz General Contracting, Inc. in the amount of $82,824.00. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Capital Improvement Projects/Allen E. Paulsen Renovations (Account No. 311-9207-52842-PB0324 Stormwater Easement Agreement – Chance 4414 GA, LLC. Chance 4414 GA, LLC received a stormwater easement agreement for the Savannah Lofts development located on the northeast corner of Abercorn and 61st Street. The existing stormwater line is located outside of an existing easement. Under the terms of the agreement Chance 4414 GA, LLC will relocate the stormwater line away from the proposed buildings and provide for a recorded easement. The City will reimburse Chance 4414 GA, LLC for the actual and verified cost of the pipe and manhole materials not to exceed $25,000. This agreement has been reviewed by the City Attorney. Parks and Recreation Master Plan Update – Event No. 778. Approval to procure services for a Parks and Recreation Master Plan Update from Amec Environment and Infrastructure, Inc. in the amount of $32,500.00. The master plan update will include a review of the current plan completed in 2001, an inventory and review of all recreational facilities, and a review of the current five year capital improvements plan. The final report will include the expansion of the capital improvements plan to 2017, and an updated facilities master plan that will address both renovation needs to current facilities and new facilities. The final goal will be to address short and long term needs for park and recreation facilities and programs. The method used to procure these services was the Request for Proposal (RFP), which evaluates other criteria in addition to price. The criteria evaluated as part of this RFP were qualifications and experience, technical capabilities, references, and fees. The low proposer was not selected because the firm did not provide adequate experience with projects of a similar nature and did not provide any professional references. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Capital Improvement Projects/Playground Equipment Reserve, (Account No. 311-9207-51250-RE608). Gas Chromatograph – Event No. 797. Approval to purchase a gas chromatograph for the Water Reclamation Laboratory from Perkin-Elmer Health Sciences, Inc. in the amount of $50,087.92. The gas chromatograph is needed by the Water Reclamation Laboratory to conduct organic analysis. The sample matrices include untreated waste, industrial waste, sludge, and solids. The reason for not selecting the low bidder is that the equipment to be purchased was specified to be new and unused. The equipment offered by the low bidder was used. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012 Budget, Water and Sewer Fund/President Street Plant (Account No. 521-2553-51520). Grounds Maintenance for Laurel Grove North Cemetery – Annual Contract Renewal – Event No. 910. Renewed an annual contract to procure grounds maintenance from Complete Lawn Care in the amount of $59,800.00. The services will be used to maintain the grounds at Laurel Grove Cemetery North. This is the first of two renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, General Fund/City Cemeteries/Other Contractual Services (Account No. 101-6124-51295). Mayor Jackson asked if the contract was sent out for bid and Ms. Cutter said it was a renewal so they did not. Upon a motion by Alderman Thomas, seconded by Alderman Osborne and unanimously carried the contract was renewed. Passenger Tires – Annual Contract Renewal – Event No. 933. Renewed an annual contract to procure passenger car tires from SOS Radial Tire Service, Inc. in the amount of $137,151.99. 16 The tires will be used by Vehicle Maintenance to replace worn or damaged tires on the City vehicles. This is the first of two renewal options available. Delivery: As Required. Terms: Net 30 Days. Funds are available in the 2012-2013 Budget, Internal Service Fund/Inventory vehicle parts (Account No. 611-0000-11325). Upon a motion by Alderman Thomas, seconded by Alderman Osborne and unanimously carried the contract was renewed. Oils, Lubricants and Anti-Freeze – Annual Contract Renewal – Event No. 1004. Renewed an annual contract to procure oils, lubricants and anti-freeze from Colonial Oil Industries in the amount of $82,022.86. The products will be used by Vehicle Maintenance in servicing City vehicles. This is the last of two renewal options available. Delivery: As Required. Terms: 1%- 10, Net 30 Days. Funds are available in the 2012-2013 Budget, Vehicle Maintenance/Oil and Grease fund, (Account No. 611-1130-51365). Mayor Jackson asked if Colonial Oil was located in Savannah. Acting Purchasing Director Joy Kerkoff said they were located in the industrial zone, a specific location of the building, which does not require a business license. City Attorney Stillwell said they do not pay City property taxes. The industrial units are defined by the Georgia Constitution set forth in the 1920’s to protect union camps and sugar refineries and several local industries. They pay for fire protection but no other City taxes; and are constitutionally exempt from being annexed into the City. Upon a motion by Alderman Hall, seconded by Alderman Osborne and unanimously carried the contract was renewed. Dean Forest Road Landfill Leachate Processing System – Event No. 749. Approved to procure construction services for the Dean Forest Road Landfill Leachate Processing System from PINCO in the amount of $410,000.00. The project includes the installation of two leachate processing systems that will help to eliminate excessive methane gas from lift stations 150 and 183 at the landfill. The presence of methane gas in the lift stations can cause unsafe conditions during maintenance of the stations. The leachate processing systems include pump and stripping tower assemblies, and the interconnecting electrical controls and piping. The existing lift station structures, underground piping, and electrical controls will be modified to accommodate the new equipment. The recommended contractor has reviewed its bid, stated in writing and confirmed it can complete the project per the bid specifications for the proposed amount. The recommended contractor has satisfactorily performed on other similarly sized projects for the city. Delivery: 240 Days. Terms: Net 30 Days. Funds are available in the 2013 Budget, Capital Improvement Project/Other Costs/Removal of Methane from Landfill (Account No. 311- 9207-52842-SA602). (This item was deferred from December 13, 2012.) Alderman Thomas stated his questions had been answered and PINCO had confirmed they could do the job. Upon a motion by Alderman Hall, seconded by Alderman Osborne and unanimously carried the contract was renewed. *************************** Mayor Jackson announced Alderman Van Johnson is out of the City for the Holidays and checking on his parents who were caught in the NY flooding from hurricane Sandy. Alderman Thomas said he was on White Bluff Road and a 200-year old oak tree had been de- limbed and the base of the tree was standing. He said he has been bothered for years by the trees being cut down on the south side of the City and he was told the City had a tree ordinance to protect the trees. This tree should not have been cut down and he said he wanted a review on how and why it was allowed to come down. Alderman Thomas stated he was asking for a review on the current ordinances on oak trees and asks that staff look at options for ways the ordinance can be strengthened to protect live oaks and historic live oaks in the City. There was no reason why the tree on White Bluff Road had to come down and it was not taken down by the City, it was taken down by a private developer. He said there are many issues on the south side of the City dealing with GDOT and the tree depletion; therefore, they should not have to be concerned about trees being taken down by commercial developers. They are taking down giant, historic oaks in perfect health and then planting a Crepe Myrtle as a subsequent tree. Alderman Thomas said he wanted some quick action on the ordinance to strengthen it without being anti- development but being friendly development. The tree canopy does not exist only in the down town portion of the City, it exists throughout the City and it should be protected throughout the City. This is the last significant oak tree that he wants to see taken down on the south side. He is asking the Council support and the City’s staff in doing so. Alderman Hall said the tree canopy on Skidaway road from the tennis courts going southward to Country Side Drive, is leaning and there is not an adequate amount of soil to support them. During a heavy rain, driving on Skidaway you can see a number of limbs which have fallen on the side of the road. The trees are leaning and the staff needs to assess them and the tree canopy. Mayor Jackson requested to know what the Park and Tree Department is doing to maintain the trees, there are some that are rotted and some are good that don’t need to be destroyed. 17 Alderman Shabazz said in reiterating Alderman Thomas’ statement of reinforcing the ordinances, the fact is there are two districts with a tree forest. She asked that the staff, especially the inspections and permitting departments, to let developers know the ordinance. It needs to stay fresh in the minds of City staff when the permits are issued, and she stood in support of Alderman Thomas’ statement. Mayor Jackson presented Alderman Mary Ellen Sprague her 5-year service pin as an employee of the City of Savannah. Alderman Osborne asked a personal privilege to introduce her grandson Corey Thomas who was in the audience and is visiting from Atlanta where he goes to college. She also has a granddaughter who graduated from Armstrong College on December 8th. Alderman Sprague said she whole-heartedly concurred with Alderman Thomas; the City needs to review the tree ordinance and how they deal with Georgia Power. She had a personal experience near where she lives; a huge old oak tree came down because the power company decimated the middle of it making it unstable. Alderman Sprague thanked Ms. Cutter for the list of expenses paid of $25,000 or less. On the last memo there were 3-items of office furniture of various amounts. She asked, in saving the taxpayer money, to combine these items and put them out for bid in the future. Alderman Sprague is concerned about the graffiti, cigarette butts, debris, and the menu boards on the side streets down town. The squares look fantastic but the side streets do not, enforcement does not seem to be uniformed and not enforced at all in some places. She does not think the City is taking care of its down town area as it should be. Alderman Hall said going forward in 2013 he wants the City staff and attorneys to review enforcement on shopping carts and make the merchants more responsible. Alderman Osborne stated after the press conference with the shooting at the fair, she had committed to taking action. On January 7th she will be addressing parents and the students from the second and third district schools, at her Town Hall meeting. She will discuss guns and violence and Chief Lovett has assigned a police officer to speak also. Each Council member needs to go to the schools in their district and asked that it not fall by the way-side Alderman Bordeaux said, “I’m really glad that Mary Osborne said that because I do want to add that this had been a wonderful meeting in many ways and I hate to be quite so somber about this. This office does not have much power but it does give us the power to be a bully pulpit, maybe a small pulpit sometimes but it does give us that power. A few months ago in this City, five people were wounded going to a fair; they could have died. Two weeks ago tomorrow, there was an unspeakable tragedy, a sin, an evil, something that none of us could comprehend or understand and we are going into the phase now, this culture where we are going to debate about gun control and what to do with this law or that law and we are going to depend on a legislature or a City Council or a congress to fix it for us – because that’s all it takes is passing a law. That’s not all it takes and it won’t get done any time soon and whatever is passed or changed or amended will not fix the problem. The problem is of part – the season of Christmas is supposed to be of love and forgiveness and peace – but we are seeing toys sold that have video games where you see how many people you can kill with guns – you see how many places can be blown up – and parents are buying this for their children. What can be done about the evil that exists, besides trying to reform a few hearts and souls – is to - you turn on the television and you see seven people shot down and of course within 15-minutes you call up the TV station and complain, call up the advertisers and complain. When a movie comes out that glorifies this sort of thing, just don’t buy a ticket – and tell people that you are not going to buy a ticket and see that sort of thing and don’t take your children to see that sort of thing. I was fairly insensitive to this until I had children and I realized you don’t want to sit there with your children and see this. You don’t want to let them see this. So I use my small bully pulpit to say to people – don’t depend on a legislature or congress to fix it. Turn off the TV or at least turn off that program and complain and I guarantee you the programming will change; don’t buy those video games and the video games will change and if not for the world they will change for your son or daughter – and maybe that will stop one more shooting. Thank you.” Mayor Jackson said the Council met with the juvenile judges and there will be other activities; and she met with the superintendent of schools. She commended Alderman Osborne for setting up her meetings because the Council is supposed to be talking to teachers and hopefully it will 18 spread-out throughout the community. The people can’t let it die; it has to be an ongoing collaboration. Chief Lovett is working very diligently and it should be kept on the minds of the residents. Council is trying to do something about crime. Mayor Jackson said, with the support of Council she wanted to see the Down Town Ambassador Program continued. Mayor Jackson expressed happy holidays on behalf of Council and to commend the staff who works tirelessly to make Council look good. She thanked the Christmas lunch committee and various individual employees. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, MMC Clerk of Council 19