City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 CITY GOVERNMENT OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA MAY 29, 2014 The regular meeting of Council was held this date at 2:00 p.m. in the Council Chambers of City Hall. The Invocation was given by Dave Allgire, Late Church Campus Pastor at Savannah Christian followed by the Pledge of Allegiance to the Flag. PRESENT: Mayor Edna Jackson, Presiding Alderman Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Aldermen Mary Ellen Sprague, Estella Shabazz, John Hall, Tom Bordeaux and Carol Bell City Manager Stephanie Cutter City Attorney W. Brooks Stillwell Assistant City Attorney William Shearouse ABSENT: Mayor Pro-Tem Van Johnson, II (out of town) Assistant City Attorney Lester B. Johnson, III MINUTES Upon motion of Alderman Bell, seconded by Alderman Thomas and unanimously carried the Summary/Final minutes of the City Manager’s briefing of May 15, 2014 were approved. Upon motion of Alderman Bell, seconded by Alderman Thomas and unanimously carried the Summary/Final minutes of the City Council meeting of May 15, 2014 were approved. PRESENTATIONS Alison Mahoney, Manager, Food Procurement & Human Resources, America’s Second Harvest of Coastal Georgia appeared concerning the food drive conducted last November by the City of Savannah. Ms. Mahoney stated she wanted to express her gratitude to Council, and City Manager Stephanie Cutter for sponsoring the 2nd Annual City of Savannah Food Drive. She stated the City of Savannah employees donated a total of 31,077 a 31% increase than last year. The agencies that benefit from the food drive range from small church pantries within the community, SAFE Shelter, and Salvation Army just to name a few. She thanked the Mayor and Council, City Manager and City of Savannah employees on behalf of those agencies and the many others as well as America’s Second Harvest of Coastal Georgia. Mayor Jackson asked City Manager Cutter to accept the award because the food drive was her idea. Ms. Mahoney also stated this is the second largest food drive and the only one that beats it is the Postal Workers Food Drive where the mail carriers pick up the canned goods from homes. City Manager Cutter accepted the award and stated City of Savannah employees are the best. Mayor Jackson thanked  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 all employees for making the City look good. Jack Dozier, Executive Director of the Georgia Association of Water Professionals, appeared on the 50th anniversary of Georgia's Clean Water Act. Mr. Dozier will recognize the accomplishments made by the City of Savannah over the past 50 years. Mr. Dozier stated the City of Savannah has made remarkable progress over the past 50 years and the Savannah Harbor stands as the crown jewel of the state of Georgia. He also stated the community is the envy of every community, tremendous improvements have been made across the state but none like that of the City of Savannah. Mr. Dozier stated in April Savannah won the state’s competition award for the “Best Tasting Water”. He stated the only way you can compete is if no violations were received for your states drinking water permit over the previous year. Mayor Jackson asked John Sawyer, Water & Sewer Bureau Chief to join her and accept the award. 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. Ivan Lenoir for Diamond Taps Enterprises, LLC t/a World of Beer Savannah, requesting to add a beer (package) license to a liquor, beer and wine (drink) license at 112 W. Broughton Street, which is located between Whitaker and Barnard Streets in District 1. (Existing business/management) (The hearing was continued from February 6, 2014 to May 29, 2014. This application from 2013 has been withdrawn by the applicant and a refund has been issued. (Currently, no application is pending for this applicant or location.) Kevin G. Haborak for Coastal Empire Beer Co., LLC t/a Coastal Empire Beer Co., requesting a beer (brewer) license at 79 Ross Road, which is a new location between Nettles Drive and Mills B. Lane Boulevard in District 1. The applicant plans to operate as a beer brewery with tasting and touring. The location previously operated as a warehouse. (New location/management). Recommend approval. The I-L (Light Industrial) zoning permits this use by right. Alderman Bordeaux asked Mr. Haborak his position with the company, what type of company it was, if they sell by the drink or distribute only, if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations. Mr. Haborak replied he is the Co-owner; they are a brewery that manufactures beer and does not distribute or sell and answered yes to all other questions. Mayor Jackson asked Mr. Haborak if he understands that children that tour the facility with their parents are not allowed to taste the beer. Mr. Haborak replied yes. Alderman Shabazz asked Mr. Haborak exactly where the facility is located. Mr. Haborak replied near Derst Bakery on 52nd Street and Mills B. Lane in the Industrial Park. Alderman Shabazz then asked is the business open and is it like a club. Mr. Haborak replied no it is not like a club at all, there will be set hours when individuals will be allowed to take educational tours and receive tastings at that time according to the State guidelines as well as the guidelines adopted by the City of Savannah. Alderman Shabazz stated normally businesses of this type are not in that area, it has  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 been recommended for approval by the City Manager her concern is for the community and the safety of the children that live in the area and if approved it will create an atmosphere for similar businesses. Alderman Bordeaux asked Mr. Haborak if he knows if under the current law a brewery with such a tasting and touring allows children under the age of 21 to go on the tours. Mr. Haborak replied he is unsure. Mayor Jackson asked Judee Jones, Revenue to come forward to answer the question. Ms. Jones stated there is no law in the state ordinance that prohibits individuals under the age of 21. Mayor Jackson stated they cannot drink. Ms. Jones replied that is correct. Alderman Bordeaux then asked what is the difference between this establishment and places that sell alcohol whether it is a taste or glass and why would individuals under the age of 21 be permitted to come inside. Mayor Jackson stated the business will not be selling a product they are manufacturing it to sell directly to a distributor who would then sell to retailers. Alderman Bordeaux asked if they charge for the tours. Mr. Haborak replied no there is no charge for the tours, there will be souvenirs they can purchase. Alderman Bordeaux asked can anyone of the streets walk in and ask for a tour and have a taste. Mr. Haborak replied that is correct. Alderman Hall asked if there are set hours for the tours. Mr. Haborak replied yes but they have not been established as of yet. Hearing closed upon motion of Alderman Hall, seconded by Alderman Sprague and unanimously carried. Alderman Bell moved to approve the license and it was seconded by Alderman Thomas and carried with the following voting in favor: Mayor Jackson, Aldermen Thomas, Bell, Bordeaux, Osborne, Sprague and Hall and Alderman Shabazz voting against. Kevin R. Ryan for Service Brewing Company, requesting a beer (brewer) license at 574 Indian Street, which is a new location between Martin Luther King, Jr. Boulevard and Fahm Street in District 1. The applicant plans to operate a beer brewery with tasting and touring. The location previously operated as a warehouse. (New location/management) Recommend approval. The B-G (General Business) zoning permits this use on the condition that production shall be restricted to less than 5,000 barrels of beer and/or ale per year. Alderman Bordeaux asked Mr. Ryan if he plans to allow children as young as 5 years of age to go on the tour. Mr. Ryan stated he will review the regulations as they are written to determine the appropriate rules they need to put in place to ensure they are not in violation. Alderman Bordeaux asked if it is permitted will he allow it to occur. Mr. Ryan replied yes. Alderman Bordeaux then asked if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations. Mr. Ryan replied yes. Alderman Hall asked what constitutes a barrel of beer. Mr. Ryan replied a barrel of beer is 31 US gallons. Alderman Hall asked who monitors the production. Mr. Ryan stated they have a flow meter which tracks the fluid from the brew house to the fermenters and then into the kegs, they fill out excise taxes to the City, State and Federal governments which document the amount of production. Hearing closed upon motion of Alderman Hall, seconded by Alderman Sprague and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Bell and unanimously carried. Alderman Thomas asked Mr. Ryan if the production of beer is a new business venture for him. He replied yes. Alderman Thomas then asked Mr. Haborak the same question who stated Coastal Empire Beer is a contract brewery that produces their beer at another brewery then bring it to Savannah to sell. Alderman Thomas asked Mr. Haborak and Mr. Ryan how many each facility  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 employees they will have at full capacity. Mr. Haborak replied 4-7 employees but as capacity grows the number will grow as well. Mr. Ryan replied there will be 4 full time, employees and 3- 4 part time staff members and as they produce more beer to distribute they will add more staff members. Alderman Thomas thanked both gentlemen for locating their businesses in the City of Savannah. Alderman Bell asked Mr. Haborak for clarification on the statement he made in reference to them brewing their beer outside of Savannah. Mr. Haborak stated currently they produce the beers at another brewery and then bring them back, they are considered an importer with the state. The two beers they have no the market are Savannah Brown Ale and Tybee Island Blonde. She then asked after today will they be producing in Savannah as well. He replied yes all production will be moved to Savannah once the licenses are approved, build out is complete and they receive their Certificate of Occupancy and receive their state license. Mayor Jackson stated the Clerk of Council looked up information and found this type of business is already currently in Savannah. Daniel Carey, Historic Savannah Foundation came forward and stated Mr. Ryan is adaptively using a historic building for his business, which is a terrific and creative use of what was a vacant historic building and he is taking advantage of the available tax credits as an incentive in the rehabilitation. There are not only jobs associated with the business but certainly with the rehabilitation of the building as well and he wanted to congratulate him for doing so. Loan K. Tran for Flying Monk, Inc. t/a Flying Monk, requesting a beer and wine (drink) license with Sunday sales at 5 W. Broughton Street, which is located between Bull Street and Whitaker Street in District 1. The location previously operated as a full-service restaurant, which had a 2012 beer (drink) license with Sunday sales. (New management) Recommend approval. Alderman Bordeaux asked if there is an existing business in the location that is a full service restaurant; if they are requesting a new license; if there was a license at the location previously and if so what happened to it. Ms. Tran replied yes, there is a full service restaurant in the location currently that is requesting a new license, and stated there was a previous license but she was not the owner at the time and is not aware of what happened with it. Alderman Bordeaux then asked if she understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that she must abide by; if she doesn’t abide by those rules and regulations the license can be revoked; if she promised to comply with those rules and regulations. Ms. Tran replied yes to all questions. Alderman Bordeaux asked what type of food they will be serving. Ms. Tran replied Southeast Asian. Hearing closed upon motion of Alderman Hall, seconded by Alderman Sprague and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Bell and unanimously carried. Emma M. Wagstaff for The British Pie Company, LLC t/a Pie Society, requesting a beer and wine (drink) license with Sunday sales at 19 Jefferson Street, which is located between Saint Julian Street and Bryan Street in District 1. The location previously operated as an ice cream shop. (New management) Recommend approval. Alderman Bordeaux asked is this a new establishment; if she understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that she must abide by; if she doesn’t abide by those rules and regulations the license can be revoked; if she promised to comply with those rules and regulations. Ms. Wagstaff replied yes to all questions and stated they also have a location in Pooler, GA. Alderman Bordeaux asked what type of food they will serve. Ms. Wagstaff replied it will be a British Bakery and they serve savory meat pies, chicken and thyme, steak and potatoes it’s a different kind of pie than what’s known in the area and very delicious. Alderman Bordeaux  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 asked when they will open. Ms. Wagstaff stated they estimated a June 9th opening. Hearing closed upon motion of Alderman Hall, seconded by Alderman Sprague and unanimously carried. Alderman Thomas moved to approve the license and it was seconded by Alderman Sprague and unanimously carried. Steven M. Buckner for The Whitman, LLC t/a The Whitman, requesting a beer and wine (drink) license at 611 Whitaker Street, which is located between W. Huntingdon Street and W. Hall Street in District 2. The applicant plans to operate a bed and breakfast inn. The location previously operated as a bed and breakfast inn from 1997 until 2000. (New management) (The application has been withdrawn.) Kenneth L. Jones for Brinker Georgia, Inc. t/a Chili’s Grill & Bar, requesting to transfer a liquor, beer and wine (drink) license with Sunday sales from Richard Schirtzinger at 7805 Abercorn Street, which is located between Mall Boulevard and White Bluff Road in District 4. The applicant plans to continue to operate as a restaurant. (New management/Existing business) Recommend approval. Alderman Sprague asked Mr. Jones if he understood having an alcohol license is a privilege and not a right and comes with certain rules and regulations that he must abide by; if he doesn’t abide by those rules and regulations the license can be revoked; if he promised to comply with those rules and regulations. Hearing closed upon motion of Alderman Hall, seconded by Alderman Sprague and unanimously carried. Alderman Bell moved to approve the license and it was seconded by Alderman Sprague and unanimously carried. ZONING HEARINGS Vickie Weaver, Petitioner (MPC File No. 13-006395-ZA), requesting a text amendment to Section 8-3025(a) to add Use 12 (Bed and Breakfast Guest Unit) to the R-M (Multi-Family Residential) district as a matter of right. The Metropolitan Planning Commission (MPC) recommends approval of the petitioner’s request. The report notes boarding /rooming homes and home occupations that permit the boarding of two non-transient guests by right and without any conditions can be more intrusive than a bed and breakfast guest unit and do not have a requirement for on-site management or owner-occupation; a rooming house has no restriction on the number of bedrooms whereas a bed and breakfast guest unit has the owner on-site and has a one-bedroom limitation; and the guest unit is unlikely to be occupied every day as a rooming house or a shared residence would. Text amendments, however, are applicable citywide and may have different impacts at different locations. While the impact from a single property may not be deemed detrimental, it is imperative to consider all properties that the amendment would affect. Recommend approval of an alternate amendment to Section 8-3025(a) to add Use 12 (Bed and Breakfast Guest Unit) to the R-M district as a use requiring Zoning Board of Appeals approval. Alderman Bell asked what other properties would be affected by this change. Marcus Lotson, MPC replied if this change was made it would apply as requested to all properties that meet the requirements listed in the report provided to Council. Alderman Osborne asked what the zoning change would be. Mr. Lotson replied R-M (Multi Family Residential). Alderman Sprague asked if the original request was for one neighborhood. Mr. Lotson replied yes the original request when the petitioner brought it forward was for her home in the Cuyler/Brownsville Neighborhood. Alderman Sprague asked then MPC decided to expand her request exponentially to all R-M zoning districts and are they throughout the City. Mr. Lotson replied yes to both  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 questions. Alderman Sprague asked if the MPC requested any feedback from the neighborhoods associated with this request. Mr. Lotson replied they did, there was a request when the petitioner first came forward and the MPC recommended that Ms. Weaver meet with the Cuyler/Brownsville Neighborhood which she did. Alderman Sprague asked about the other neighborhoods that would be affected, if this is expanded beyond Cuyler/Brownsville? Mr. Lotson replied that expansion was done during the meeting therefore no additional contact was made. Alderman Sprague stated she wanted to make it clear to Council that the input of no other neighborhoods was received even though this would affect the entire city and areas other than Cuyler/Brownsville. Alderman Bordeaux asked why given that the MPC expanded the scope so dramatically across the city, other neighborhoods some with very active community associations no notified; why weren’t they allowed to appear before the MPC and why did the MPC move forward without their involvement. Mr. Lotson replied regarding the notification that revision to the original recommendation was done during the meeting so there was no postponement of the petition to allow for that. The R-M zoning districts in the other parts of the City, although the districts are affected only the housing types described in the report provided to Council by the MPC will be a part of that. Alderman Bordeaux what housing types are those? Mr. Lotson replied in order to establish this use the conditions that apply are it be limited to an owner occupied principle use dwelling and it be restricted to buildings with no more than two dwelling units. Alderman Bordeaux asked are there any Aldermen representing each district that doesn't have this type of housing in their area to who this applies. Mr. Lotson replied he would have to study the map a little closer but he would guess that there are R-M zoning districts throughout the city. Alderman Bordeaux stated he is still at a loss and wants to know why if there is R-M housing in each district why was only one neighborhood notified, even though it came up in the meeting why wasn’t it postponed? Mr. Lotson replied there were a number of meetings that were held once the petition came forward initially when the petitioner came forward and recognized that the property was within the Cuyler/Brownsville neighborhood that was under discussion the MPC recommended that Ms. Weaver meet with the neighborhoods to gauge their interest. Mayor Jackson stated if it were just Cuyler/Brownsville then they were properly notified but the MPC took it upon themselves to change it to and incorporate the entire city which opens another door because there have been a number of problems with rooming houses in this community and it seems like this would have been put on hold until other people from other neighborhoods could be present to speak for or against this happening. Alderman Hall asked Mr. Lotson to explain to him in his terms what “as a matter of right” means. Mr. Lotson replied essentially what it means as it relates to a zoning ordinance is that a use is allowed in a district without any further approval. For example there are some uses within the zoning ordinance that requires the petitioner to go before the Zoning Board of Appeals to seek approval of that use for that location. A matter of right use means if you have a piece of property that has a particular zoning classification on it that use is allowed with no extra conditions. Alderman Hall asked how the people invited to the hearing were notified. Mr. Lotson replied Ms. Weaver attended the regular Cuyler/Brownsville Neighborhood Association meeting to inform them of what she was seeking to do. Alderman Hall asked from that meeting how the MPC ascertained that the neighborhood was in favor of the change. Mr. Lotson replied the MPC did not ascertain whether it was in favor of the change. They understand there were varying opinions from different members of the neighborhood in that meeting and their intent was for Ms. Weaver to bring the petition through them so they could be aware of it prior to the MPC acting on it. Alderman Hall then asked was that just a procedure or were they just going through the motions because they were going to  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 make the change regardless. Mr. Lotson replied no, the intent of the MPC was to allow the neighborhood association to be aware of it because it is a text amendment individual notices are not required to be sent out because it applies citywide not just to that particular neighborhood, but the MPC felt that since it was within the Cuyler/Brownsville neighborhood it would be important for Ms. Weaver to meet with the neighbors prior to action. Alderman Bell stated she understands why the MPC had the petitioner to meet with the Cuyler/Brownsville Neighborhood Association but if the MPC is recommending going citywide the neighborhoods affected by the R-M designation should be notified. Alderman Osborne asked although an area is designated with the R-M classification would the individual still have to come before the MPC with their plan. Mr. Lotson replied the individual operator would have to get a permit from the City of Savannah and go before city staff to request a permit for the use and go before the MPC. Alderman Osborne asked would it have to go before zoning and if so would the zoning department have an obligation to notify the immediate area. Mr. Lotson replied there is not a policy that requires the city zoning department to notify the area that the use is being established but the petitioner does have to meet the criteria for that use to receive the permit. Attorney Stillwell stated you do not have to give notice to everyone in the city when making a text amendment that applies citywide however, in this particular case the recommendation is that anyone to establish a particular use for a particular location would have to go before the Zoning Board of Appeals. In that instance they would have to give notice to all the neighbors and the neighborhood associations. This is establishing a procedure under which you could do it but to actually do it in any particular neighborhood there would have to be a hearing in front of the ZBA with notice. City Manager Cutter stated for clarity this is what Mr. Lotson reported as the MPC’s recommendation but the recommendation from the City Manager is that it is allowed requiring a Zoning Board of Appeals approval, there will be a public notification going out. Alderman Sprague asked if a petitioner goes to the ZBA and it is approved would that right go with the property or with the person that goes before the ZBA, would it change the rights of that property. Attorney Stillwell replied his understanding is that it does not go to the following owner but he will research that and notify Council. Mr. Lotson stated he wanted it to be clear that if this petition is approved per the City Manager’s recommendation anyone that wants to establish a ben and breakfast guest unit that meet these conditions described will have to go before the ZBA appeals process which is a public hearing. Public comments: Vickie Weaver stated she was present to answer any questions Council may have as to the specifics and what she has been doing and why. She stated this all started from a shared economy website called www.airbnb.com. She moved to Savannah one and a half years ago and began doing it and was unaware it was against City code, when she was cited there were approximately 90 others that were also cited she’s just the only one that has gone through the process. Alderman Thomas thanked Ms. Weaver for coming forward and making a statement because it has been an issue. It is a problem and it’s something the city has been aware of since at least 2006, it deals with hotel/motel tax. The hotels and motels in the city are collecting taxes but rooming houses and bread and breakfast locations such as hers do not. His concern is not so much against her individually it’s against the issue but he applauds her for coming forward and thanked her for having the courage to do it while others are sitting back watching the hearing to see how it will turn out. Ms. Weaver stated she is not present speaking on behalf of herself but as a Savannah resident it may have been a bad thing because of the lack of regulation but doing this is not a bad  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 thing it is a phenomenal opportunity that brings many guest to Savannah that may not otherwise be able to come. She stated they may not pay hotel/motel taxes but they do pay income and property taxes and oftentimes they don’t make enough to cover those costs. Alderman Sprague stated commended Ms. Weaver for coming as well and stated her protest isn’t with the Cuyler/Brownsville Neighborhood because she doesn’t represent that area her concern was with the MPC’s action in taking this situation and expanding it throughout the entire city without getting any input from other neighborhood associations. Alderman Bordeaux asked Ms. Weaver to explain to him what she does in terms of renting to leasing rooms. Ms. Weaver stated she’s on the website and people contact her from across the world and they request to stay at her property for a certain length of time. She stated she responds to them through the website back and forth so she can get to know them. She stated she asked that in the wording of the ordinance it state that the property be owner occupied. All monies are handled through the website, upon arrival the funds are released and she provides whatever service to the guests they need. Alderman Bordeaux asked if a criminal background check is done on the individuals. Ms. Weaver stated the individuals have to present several forms of identification to the website and must also undergo a passport verification. She stated she does not take any guests outside of the website. Alderman Bordeaux asked Ms. Weaver if she charges for the service; if it is composite or by service. Ms. Weaver replied everything she does is included in the stay price however the website has additional charges that are allocated for the host and guest. Alderman Bordeaux asked other than the property taxes she pays on her home does she pay any additional taxes for the service. Ms. Weaver replied yes at the end of the year she pays income taxes. Alderman Bordeaux asked Ms. Weaver if she would you agree that she is in direct competition with hotels and motels. She stated she disagrees because it has been her experience that the people that stay with her have stated they don’t want to stay at a hotel and if they were unable to stay with her they would move on to South Carolina where it is allowed. Ms. Weaver stated the only difference in what is allowed and what isn’t is one day in terms of a bed and breakfast and rooming houses is one day, for thirty one days you can do whatever you choose in your home and it’s not against code. However, if it’s less than thirty one days it’s against the code. She posed the question to Council that she asked the MPC, what happens on the thirty first day that changes everything. If you stay thirty or more days you’re no longer considered transient and this doesn’t apply. Alderman Sprague asked Ms. Weaver is she still providing the service. She replied no in December when she received the “cease and desist notice” from Geoff Goins she notified her last client that she would be ending the service, since then a SCAD student has moved in with her and she’s using the time to repair the dilapidated property in Cuyler/Brownsville. Tracy Taylor, 701 Leviner Street stated she supports Ms. Weaver because it is an asset to the community. She stated the services Ms. Weaver provides have brought new and exciting people from around the world to the community. She does not feel the safety of her child; self; or neighborhood is in jeopardy. The efforts of Ms. Weaver have brought the house back to its true beauty and she feels she should be able to continue providing the service. Richard Bartellis, President of Olan Heights Neighborhood Association came forward stating he was protesting the decision of the MPC. Mr. Bartellis stated a few months ago they approved a project on 60th Street and never received notification just as he never received notification on this project. He feels it should not be approved and is against everything his neighborhood  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 association represents. Alderman Osborne stated to City Manager Cutter that she feels it needs to be included in the regulation that taxes need to be collected from individuals that want to have vacation rental properties in the City of Savannah. Ardis Wood, Past President of the Ardsley Park Neighborhood Association stated a part of that neighborhood is zoned R-M and she would like to point out there’s a difference between one R- M and another. She asked Council to research the issue and she’s not stating it’s good or bad but feels there isn’t enough information and more input is needed. Susan Trimble, 27 East 66th Street stated she became an airbnb host in August 2013. She stated the site has received a great deal of request for houses in the Savannah area. Ms. Trimble stated she was cited in December 2013 from Geoff Goins as well and wanted to appear today to show her support and to be given an opportunity to continue providing the service to people that want to come to the City of Savannah. She believes Ms. Weaver is doing a wonderful thing for the Cuyler/Brownsville Community and the City of Savannah. Mayor Jackson stated Council isn’t saying they aren’t in favor of the bed and breakfast locations their concern is that it will apply citywide and there has not been input from other segments of the community. Council encourages individuals to engage with the neighborhood associations. She also stated Council has to find a way to get a listing of the houses in Savannah and set some rules governing what can and cannot happen. She appreciates Ms. Weaver and Ms. Trimble coming forward to try to correct the issues but it’s not just them others in the area also need to do the same. Alderman Bordeaux asked Ms. Trimble if she knew if the airbnb website conducts formal criminal background checks on individuals. Ms. Trimble responded she doesn’t believe they do but they do ensure they are dealing with a real person by verifying credit card information and checking state issued identification cards and passports. Alderman Bordeaux asked Ms. Trimble if she feels the individuals living in and around her neighborhood should have a say in what goes on in the commercial houses. Ms. Trimble replied the neighbors in the area did not know she offered the service and stated she isn’t commercial because she only has one room. Alderman Hall stated he feels Council is behind the eight ball on this issue and it has been going on for a while and is a popular trend. He feels a workshop needs to be held on it and there are some operating under the radar all over the City. He feels the individuals should have the right to utilize their homes however they please. Alderman Sprague stated vacation rentals over the past 6 months have been a major issue and she has received increased complaints in her district because of these rentals. It hasn’t mattered in the past whether it was owner occupied in the past, the residents have the perception of safety, security and quiet and having this type of neighborhood isn’t conducive to the environment and will cause a huge problem in the neighborhoods and should not be allowed. Alderman Bell stated she feels the issue needs to be discussed further. She has no issue with Ms. Weaver’s initial request and is sorry the MPC saw fit to expand it citywide because the neighborhoods have not had the opportunity to express their concerns as Cuyler/Brownsville did and doesn’t feel Council should make a citywide decision at this point. Alderman Shabazz asked if Council can move forward with Ms. Weaver’s petition and the request on the agenda. City Manager Cutter stated currently a work group is working on vacation rentals and the draft of the ordinance is close to being ready if Council agrees the  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 petition can be continued for (30) thirty days to allow them to get a better understanding of the issue. Alderman Shabazz asked if the petition is continued for thirty days will Ms. Weaver be penalized in moving forward with her business. City Manager stated Ms. Weaver has been an excellent business owner however, the operation was not in compliance with the ordinance. She feels if it is brought before Council within thirty days it will give them an opportunity to make a good decision because they have to think about the entire City and not just one area. Hearing closed upon motion of Alderman Shabazz, seconded by Alderman Osborne and unanimously carried. Upon motion of Alderman Osborne, seconded by Alderman Shabazz and unanimously carried the petition was referred back to the MPC for further study and the hearing continued to the meeting of June 26, 2014. Ryan E. Williamson, Petitioner (MPC File No. 14-000069-ZA), requesting a text amendment to Section 8-3028(d), Victorian Planned Neighborhood Conservation District to permit Use 6, Inns or Apartment Hotels (not to exceed 15 units) in the 1-R zoning district. MPC recommends approval of an alternate amendment to Sec. 8-3028(d), Victorian Planned Neighborhood Conservation District to permit Use 6, Inns (not to exceed 5 bedrooms) in the 1-R zoning district as a use requiring Zoning Board of Appeals approval with certain conditions. Allowing inns in the 1-R district with Zoning Board of Appeals approval and with use conditions would not be detrimental to the intent and purposes of the 1-R district or to the Victorian District neighborhood. With these controls, the residential character of the 1-R district can be maintained. Recommend approval of the MPC recommendation. Mr. Lotson gave a detailed description of the petitioner’s request. Alderman Osborne stated she agrees with MR. Lotson 15 units is a small hotel. She continued stating herself and Alderman Johnson represent the Victorian District and asked where an R-1 is in the Victorian District and if the petitioner has met with the neighborhood association because the residents are very vocal about what they want and don’t want in the area. Mr. Lotson replied the one R-1 area is on the eastern side of the Victorian District. Mr. Williamson replied the address is 525 East Bolton Street between Price and East Broad Streets and he has not met with the neighborhood association. Alderman Osborne stated she believes it would be a good idea for him to meet with them and she is not prepared to vote until she knows how they would feel about it. Mr. Williamson replied the other 5 of the 6 zones are already zones which are in the Victorian District and allow that use and this is the one R district left that is not using it. He stated the website he uses is www.vrbo.com (Vacation Room by owner) which collects all city and state taxes. Mayor Jackson stated it does not collect city taxes because there is not an arrangement with the city to do so with any of these destination sites. Alderman Osborne asked Mr. Lotson if all the areas in the Victorian District R-1 zoned. Mr. Lotson replied no. Mayor Jackson stated to City Manager Cutter she feels someone needs to look into the websites provided by Mr. Williamson to find out where the taxes that are being collected are going. She also stated she feels a recommendation needs to be made to continue this issue for thirty (30) days as in the previous case until the workshop is held for Council. City Manager Cutter stated she feels Council should have the workshop to address all questions and have all information needed to get an understanding of the issues and hear the proposed amendments to the ordinance to address. Mr. Williamson asked that when the workshop is held as many of the local property management companies and properties that are owner occupied providing the service legally are notified because the majority of the individuals that are trying to provide the service legally and paying taxes do not know there are websites that provide the service as well. Hearing closed upon motion of Alderman Osborne, seconded by Alderman  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 Shabazz and unanimously carried. Upon motion of Alderman Thomas, seconded by Alderman Shabazz and unanimously carried the petition was referred back to the MPC for further study and the hearing continued to the meeting of June 26, 2014. Mayor Jackson acknowledged County Commissioner Shabazz who was present at Council meeting today and thanked him for attending. PETITIONS Peter Wright, on behalf of Oglethorpe Associates III, LLC (Property Owner) – Petition 140152, requesting that the City allow encroachment within the Turner Boulevard and Fahm Street right-of-ways for the installation and construction of various items relating to the Embassy Suites Parking Garage. The address of the Embassy Suites Hotel is 606 Turner Boulevard; with the parking garage located more specifically at the northeast corner of the Turner Boulevard and Fahm Street intersection. Included in the encroachment request are: Turner Boulevard: • A twelve (12”) inch PVC drain line providing removal of roof water run-off, installed under the sidewalk, and which will connect to an existing curb inlet at the corner of Turner Boulevard and Fahm Street. • Approximately one hundred and twenty-five (125’) feet of buried six (6”) inch and eight (8”) inch drain line, which will include flush grate tops. • A portion of concrete pedestrian sidewalk. • Landscaped treelawn (located between the sidewalk and street curbing) that includes understory trees, shrubs, groundcover, and a subsurface irrigation system. Fahm Street: • Four (4) cantilevered metal canopies that partially extend into the right-of-way. • A sidewalk system that includes: a.) a 2’-6” wide lower sidewalk for passengers to exit vehicles that parallel park along Fahm Street, b.) an upper sidewalk with guardrail, c.) a retaining wall which varies in height from thirty-four (34”) inches to six (6”) inches, providing support for the upper sidewalk. • An ADA compliant access ramp, designed as four (4’) feet wide by twenty-five (25’) long, located at the corner of Fahm Street and Turner Boulevard. This ramp will accommodate the elevation change from the street to the upper sidewalk at Fahm Street. This ramp will include necessary handrails. • Four (4”) inch concrete fill between the Fahm Street curb and the curb of the ADA compliant access ramp. This request has been reviewed by Public Works and Water Resources, Development Services, Sanitation, and Park and Tree. Approval is subject to the property owner: 1) entering into the City’s standard Revocable License Encroachment Agreement, and 2) obtaining all applicable building permits.  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 Recommend approval to allow encroachment within the Turner Boulevard and Fahm Street right -of-ways for the installation and construction of various items relating to the Embassy Suites Parking Garage as requested by Peter Wright through Petition 140152, subject to the conditions noted. Recommend approval. Approved upon motion of Alderman Thomas, seconded by Alderman Sprague per the City Manager’s recommendation. ORDINANCES First Readings Historic District Height Map (MPC File No. 14-000709-ZA). An ordinance to amend Article B (Zoning Districts), Sec. 8-3030 (Historic District), (n) (12) Design Standards, Height to allow a maximum of three stories or 45 feet above Bay Street (approximately six stories) in the northwestern corner of the Savannah Historic District extending approximately 775 feet along the Savannah River to the east and west of the Power Plant Site and to allow a maximum of one story above Bay Street (approximately four stories) extending approximately 375 feet along the Savannah River to the east of the Power Plant Site. Recommend approval. Alderman Bordeaux stated in the past two weeks he has had individuals come to him and thank him for opposing the vote at the last meeting. He stated he understands Council wants jobs and the money to come to Savannah but asked would Council feel the same if the project that is behind the Kessler Project was the $200M project and was going to employ hundreds of people and came before Council and stated they wanted to build the upper level but had an issue with the height level and asked to change the height map. He stated Mr. Kessler knew what the rules were when he purchased the property and stated it would be a jewel to Savannah and he would make it work, now 6 months later he is asking for the rules to be changed. He feels this will harm neighbors because it is a giveaway. Alderman Sprague stated for the last 30 plus years Savannah has had a very strict height ordinance to preserve the historic nature of downtown Savannah and she thinks Council should be fair and just to all who comes forward and abide as much as possible to the height ordinance whether the project is big or small, the little guy and big guy should always be treated the same. Her point of view has not changed over the past couple weeks, she feels very strongly that the City of Savannah has a height ordinance that should be abided by, by everyone. Alderman Hall stated he applauds his two colleagues for voting against the project at the last meeting and for trying to persuade Council to change their minds today. He stated he doesn’t think anything has changed with the voting majority and asked that Mayor Jackson call for the question. Mayor Jackson stated to be fair she is going to allow everyone that would like an opportunity to speak to do so then she will call for the vote. Alderman Osborne stated the Kessler project to her is not just about the jobs, it is doing something unique and bringing something to the city that it has never had before. She believes very strongly that this will be a magnificent project for the City of Savannah. Mayor Jackson stated this is unfortunate but she too feels Council should move forward, Mr. Kessler came before Council and made several presentations and there was no opposition. Alderman Bordeaux stated he was under the impression when Mr. Kessler bought the property it already had the restrictions on it and he is now requesting to change it. Mayor Jackson again stated no one came to object to what Mr. Kessler is requesting until now. She stated she feels Mr. Kessler and his Attorney have been up and above board during the entire process with everything they have done. She stated she is going to vote to move this project forward, she stated it is a decision that will be made by the  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 Mayor and Council. Alderman Bell stated her concern is the same as she had two weeks ago just as changes in a neighborhood are to be brought to neighborhood associations it would have been the appropriate thing to do to have some kind of conversation with the neighboring property owners. Alderman Sprague asked for a point of order and asked if someone protests a first and second reading doesn’t it go to first reading. Attorney Stillwell replied yes, at this point no one has objected to the first and second reading. Alderman Sprague replied she is objecting. Alderman Hall asked what it will change, and stated he feels it is unfair to Mr. Kessler but it is her right to do so. Alderman Osborne agreed with him. Alderman Thomas stated he felt in the last meeting that this was quite political and inspired political to have a meeting the week of when Mr. Kessler has been announcing his plans and making them public and having public meetings and then the other team came in at the end trying to derail the Mr. Kessler’s plans. He feels the majority of this Council is ready to move forward, he understand there have been concerns expressed and he respects the opinions of his colleagues and stated they can play politics and place it on first reading but it will not affect the outcome because the majority of this Council is going to approve this project. He feels a game is being played with Mr. Kessler who has a proven track record of spending and building beautiful properties in the city. He stated when he votes it will be in favor of this project and stated he will wish Mr. Kessler the best of luck as he has had with the other properties that he has so well built in this city. Alderman Bordeaux stated he personally feels the remarks Alderman Thomas made offensive, he stated it was not his choice to object but feels it is Alderman Sprague’s perfect right to object and stated if anyone is playing politics and brown nosing it is not from the objectors. He continued stating he finds Alderman Thomas’ remarks offensive and quite petty and if anyone has played politics or timing games it has been when this came through and how it came through. Alderman Bell pointed out how each Council member has talked about how important it is to go through the neighborhood associations and the “big cheese” didn’t do it and he is not being called on this and he finds that offensive as well. Alderman Bordeaux continued stating all he started out to say was he will be out of town in two weeks and will not be present to vote and wanted to make it known that if there were any questions in reference to how he would vote it would be in the negative. Alderman Osborne referring to Alderman Bordeaux stated it seems to her that when things are not going the way he thinks they should go and it is his right, he wants to bring down on everyone else. She continued stating she found it offensive that he compared the Aldermen in support of the project to sharks that see blood in the water. She stated you don’t hear yourself sometimes and feels it is prudent upon all Council members, herself included to hear themselves so it can’t be said you did this, but they did that it’s an equal game being played and feels everyone should be fair. Alderman Bordeaux replied stating he apologizes for his many faults and wishes he could be more like her. Alderman Osborne stated did you see that man what he just did, excuse me Madam Mayor, Tom Bordeaux just reached over butted me in my head and called me an obscene word and she refuses to accept it as a member of Council. Alderman Bordeaux replied that is not what happened. Mayor Jackson stated she is asking that Council have decorum. Alderman Osborne replied I do have decorum but I don’t want to be butted in the head and called an obscene word, she is not taking it. Mayor Jackson stated she takes full responsibility for what happened two weeks ago we probably would not be at this point if she and the City Manager were trying to be fair. She stated she was asked because she is the Mayor of the city if she could hold up the procedure. She asked Council members to take their seats and to have decorum and stated Council must have decorum and respect one another regardless of their feelings. The idea to be fair came up which is why the other company was allowed to  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 present on the same day as Mr. Kessler, she stated she spoke to Mr. Kessler to inform him what would take place and he had no objection to the issue. She stated if as Mayor she would have denied the request Council would not be at the point they are presently therefore she takes full responsibility under the premise that she was trying to be fair to everyone. It’s bad that it has gotten to this point, Alderman Sprague has a right to object according to the Rules of Council. She stated please do not let this decision divide Council. Therefore, the ordinance was placed on First Reading with the Second Reading on June 12, 2014. ORDINANCES First and Second Readings Ordinance read for the first time in Council May 29, 2014, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Sprague and unanimously carried. AN ORDINANCE TO PROHIBIT PARKING ALONG THE NORTH SIDE OF NICOLL STREET FOR 110 FEET BEGINNING AT EAST BROAD STREET. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND APPENDIX I, SECTION 219 OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003) PERTAINING TO SECTION 7-1091 OF SAID CODE TO PROVIDE THAT THE STREET NAMED HEREIN SHALL PROHIBIT STOPPING, STANDING AND PARKING AT ALL TIMES; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND, FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, 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 ENACT NICOLL STREET On the north side of Nicoll Street extending 110 feet west of East Broad Street. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed.  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 ADOPTED AND APPROVED: May 29, 2014 MISCELLANEOUS Final Plat – Rivermoor Villas. Recommend approval of a major subdivision plat of Rivermoor Villas, Phase 3, being a portion of Tract B of Highlands Subdivision located at 170 Highlands Boulevard in District 1. The subdivision is comprised of 0.93 acres creating 9 single family lots and a private right-of-way. Recommend approval. Approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried, per the City Manager’s recommendation. Final Plat – Savannah Gardens 20’ Lane. Recommend approval of a right-of-way plat of Savannah Gardens being a portion of Parcel C4-A and Lands of CHSA Development, Inc., located at 601 Crescent Drive in District 3. The 20’ Lane is comprised of 0.303 acres creating a 20’ right-of-way. Recommend approval. Approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried, per the City Manager’s recommendation. Final Plat – York Place Townhomes. Recommend approval of a major subdivision plat of York Place Townhomes Lot 5 being a portion of Lot 25-B, Shangri-La Subdivision located at 400 Tibet Avenue in District 5. The subdivision is comprised of 0.2 acres creating 4 single family lots and a common area with private right-of-way. Recommend approval. Approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried, per the City Manager’s recommendation. TRAFFIC ENGINEERING REPORTS Change of Parking Restrictions – Barnard Street. The Traffic Engineering Department received a request from Bishop Brian Curry, Minister of the Victory Drive Deliverance Temple, to investigate the need for additional parking on the west side of Barnard Street between W. Victory Drive and W. 44th Street. Staff has performed an investigation and their findings indicate that there is insufficient off-street parking available to accommodate worshippers’ vehicles on Sundays. Allowing parking in the specified area of Barnard Street would provide church members, new residents, and visitors with convenient access to the church and new apartments without utilizing on-street parking on a residential street. Recommend that the parking prohibition for the west side of Barnard Street between W. Victory Drive and W. 44th Street be lifted to allow parking. Recommend approval. Approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried, per the City Manager’s recommendation. Ordinance to cover will be drawn up for presentation at the next meeting of Council.  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 BIDS, CONTRACTS AND AGREEMENTS Upon a motion by Alderman Thomas, seconded by Alderman Shabazz and unanimously carried, the following bids, contracts and agreements were approved per the City Manager’s recommendations: Coastal Workforce Services and Coastal Workforce Investment Board – Contract Modification/ Grant Extensions for Georgia Department of Labor Contract No. 2012 GADOL-01-04. Authorization to enter into agreements with sub-recipients and grant administration was approved on September 5, 2013 and November 14, 2013. The City accepted a grant award from the Governor’s Office of Workforce Development (GOWD) Workforce Investment Act (WIA) Grant Program to provide Adult and Dislocated Worker Programs from October 1, 2013 – June 30, 2015 to support “One–Stop” Career Centers that provide job training, preparation and placement services. These services are provided in the Coastal Workforce Services and Investment Board’s nine county region consisting of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long and McIntosh counties. On April 23, 2014 the Governor’s Office of Workforce Development announced effective July, 2014 Screven County will formally align with LWIA, or Coastal Workforce Services. In order to provide uninterrupted service until the new contract is awarded. With an effective end date of June 30, 2014, a contract modification and an extension for up to eight (8) months, totaling $399,098 is necessary. There are no materials changes or the requirement of a minimum expenditure of 100% funds dedicated to serving Adults and Dislocated Workers. Recommend approval of Contract Modifications and Grants Extensions for Georgia Department of Labor in the amount of $399,098. Recommend approval. Coastal Workforce Services and Coastal Workforce Investment Board – On-the-Job Training (OJT) Contract No. PY13 OJT01 for Coastal Logistics Group, Inc. (CLG). Authorization to enter into agreements with sub-recipients and grant administration was approved on September 5, 2013 and November 14, 2013. The City accepted a grant award from the Governor’s Office of Workforce Development (GOWD) Workforce Investment Act (WIA) Grant Program to provide Adult and Dislocated Worker Programs from October 1, 2013 – June 30, 2015. CLG will provide On-the-Job Training (OJT) for up to twenty eight (28) Dislocated Workers in Chatham County. Eligible participants will receive job training, preparation and placement services through the Coastal Workforce Services’ One Stop Contractor, Georgia Department of Labor-Savannah Career Center. Recommend approval of OJT Contract for CLG in the amount of $271,260.60. Recommend approval. Golden Marina Enterprises, Inc. Recommend approval to increase reimbursement to Golden Marina Enterprises, Inc. from $100,000 to $210,000 for lost revenue due to the unsafe boat hoist and new construction at the Coffee Bluff Marina. As of May 20, 2014 Golden Marina Enterprises, Inc. has been paid $197,607.95. Recommend approval.  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 Spectrometer for President Street Plant – Event No. 2185. Recommend approval to procure a spectrometer from Perkin Elmer in the amount of $77,457.56. The spectrometer will be used by the President Street Water Reclamation Laboratory to perform metals analyses on water samples in accordance with federal guidelines and to ensure that water samples meet EPA and EPD detection limits. The total includes a preventative maintenance and warranty package at a cost of $12,828.00 which is needed to maintain the instrument in proper working order. Proposals were originally received on April 15, 2014. The method used for this procurement was the Request for Proposal (RFP), which evaluates criteria in addition to price. Criteria evaluated for this RFP were functionality, ease of access for maintenance and service, accessories needed for available additional parameters and the cost involved for each additional parameter, references, and fees. The successful proposer was selected because its instrument is fully automated for better control and lower detection limit capabilities, contains single element lamps which give a better detection limits and last longer, and comes with a guarantee of support for 20 years. The other proposer's instrument was manual and carried a guarantee of support for 7 years. Delivery: As Soon As Possible. Terms: Net 30 Days. The proposers were: B.P. Perkin Elmer, Inc. (Waltham, MA) (D) $64,629.56 (equipment only) Agilent Technologies (D) $55,268.54 (equipment only) Funds are available in the 2014 Budget, Water and Sewer Fund/President Street Plant/Equipment Maintenance (Account No. 521-2553-51250). A Pre-Proposal Conference was conducted and one vendor attended. (D)Indicates non-local, non-minority owned business. Recommend approval. Microfilm Services – Annual Contract – Event No. 2156. Recommend approval to award an annual contract to procure microfilm services from Tameran Graphic Systems in the amount of $60,240.00. The microfilm services will be used by the Development Services department for records management. Building plans are required to be microfilmed in order to be submitted to the state archives. The bid was advertised, opened and reviewed. Delivery: As Requested. Terms: Net 30 Days. The bidders were: L.B. Tameran Graphic Systems (Solon, OH) (D) $ 60,240.00 The DRS Group of South Carolina (D) $ 94,120.00 Funds are available in the 2014 Budget, General Fund/Development Services/Other Contractual Services (Account No. 101-2131-51295). A Pre-Bid Conference was conducted and no vendors attended. (D)Indicates non-local, non-minority owned business. Recommend approval. HVAC 10-Ton Gas Packaged Unit – Event No. 2179. Recommend approval to procure three 10-ton HVAC units from Mingledorff’s, Inc. in the amount of $36,900.00. These units will be installed at the W.W. Law Regional Center. The equipment being replaced is ten years old and  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 no longer functioning at an efficient level. The equipment specified is highly energy efficient with a documented energy cost savings of over $1600 annually. The purchase is for the equipment only; Buildings and Ground staff will complete the installation. While over 150 suppliers were notified about this solicitation, only one supplier chose to respond. Purchasing staff contacted potential bidders by phone but no additional bids were received. Bids were originally received on April 15, 2014. The bid was advertised, opened and reviewed. Delivery: 35 Days. Terms: Net 30 Days. The bidder was: L.B. Mingledorff’s, Inc. (Savannah, GA) (B) $ 36,900.00 Funds are available in the 2014 Budget, General Fund/Building and Grounds/Building Repair (Account No. 101-6120-51245). (B)Indicates local, non-minority owned business. Recommend approval. Pickup Trucks – Event No. 2327. Recommend approval to procure 16 pickup trucks from J.C. Lewis Ford in the amount of $293,376.00. The pickup trucks will be utilized by the Sewer Maintenance, Lift Station Maintenance, Electrical Maintenance, Development Services, Water Supply and Treatment, and Residential Refuse Departments to replace units which are no longer economical to operate or repair. J.C. Lewis Ford will hold pricing from Event 1540 approved by Council on Nov. 19, 2013. The bid was advertised, opened and reviewed. Delivery: 8/15/14. Terms: Net 30 Days. The bidder was: S.S. J.C. Lewis Ford (Savannah, GA) (B) $ 293,376.00 Funds are available in the 2014 Budget, Vehicle Purchases/Vehicular Equipment (Account No. 613-9230-51515). (B)Indicates local, non-minority owned business. Recommend approval. ESRI Maintenance – Event No. 2348. Recommend approval to procure a software maintenance agreement from ESRI, Inc. in the amount of $33,310.14. This maintenance agreement will be utilized by the IT Department and will provide ongoing annual maintenance and support for the ArcGIS System. The ArcGIS is a comprehensive system that allows people to collect, organize, manage, analyze, communicate, and distribute geographic information. The system is used by numerous City departments for mapping and drafting plans for City projects. ESRI is a sole source because as the original provider of this software, the company provides critical support when it is necessary. Delivery: As Needed. Terms: Net 30 Days. The vendor is: S.S. ESRI, Inc. (Redland, CA) (D) $ 33,310.14  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 Funds are available in the 2014 Budget, Internal Service Fund/Information Technology/Data Equipment Processing (Account No. 611-1140-51251). A Pre-Proposal Meeting was not conducted as this is a sole source purchase. (D)Indicates non-local, non-minority owned business. Recommend approval. Wetlands Individual Permit Mitigation Credits – Event No. 2354. Recommend approval to purchase 7.5 wetlands mitigation credits from AA Shaw Mitigation Bank in the amount of $48,750.00. These credits are needed in conjunction with the Bilbo Canal Drainage Improvement Project. The Bilbo Canal Drainage Improvement project consists of a new 130 foot wide stormwater drainage canal and associated outfall structure to the Savannah River located north and south of President Street and parallel to the Truman Parkway and the existing Bilbo box culvert. Contractors are currently being qualified for this project and final design modifications incorporated to prepare the project for bidding. During design of the Bilbo Canal Drainage project, it was determined that unavoidable impacts to jurisdictional wetland areas adjacent to the project would be required therefore an Army Corps of Engineers Individual Permit is required for the project. This permit requires mitigation credits to be purchased. Credits required for this permit have been reserved at the AA Shaw Mitigation Bank. The credits under this request satisfy the requirements of the permit to mitigate impacts to wetlands necessary for the construction of the canal. The necessary credits need to be purchased immediately to avoid delays in construction. Further, the credits have limited availability and need to be purchased by June 14, 2014, which is the date that the bank's reservation timeframe expires. If not purchased by this date, the cost will increase by $1,500.00 per credit, which would add an additional $11,250.00 to the price of the credits. The proposer was: AA Shaw Mitigation Bank LLC (Savannah, GA) (B) $48,750.00 Funds are available in the 2014 Budget, Capital Improvements Projects/Other Costs/Bilbo Box Culvert Improvements (Account No. 311-9207-52842-DR0308). (B)Indicates local, non- minority owned business. Recommend approval. Insurance Broker Consultant Services – Annual Contract – Event No. 2359. Recommend renewal of an annual contract to provide insurance broker consulting services from USI Insurance, LLC (formerly Wells Fargo) in the amount of $40,000. The consultant services will be used by Risk Management to assist in the management of the City’s various insured and self- funded programs. Services may include review, analysis, recommendation, and placement of all insured and self-funded programs in the areas of workers compensation, safety and loss control, property, casualty and liability coverage, as well as processing policy change endorsements, policy review, audit and monitoring of appropriate claims. The method used to procure these services was the Request for Proposal (RFP) which evaluates criteria in addition to price. The criteria evaluated as part of this RFP were experience and  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 qualification of the submitting firm, the comprehensiveness of services, references from previous clients, and fees. Four proposals were received. Two of the proposers, USI Insurance, LLC and Seacrest were determined to be in the competitive range and selected for further consideration. Although the proposed fees were exactly the same, Wells Fargo included 85 hours of claims consulting and 15 hours of loss control consulting which was requested as part of the RFP. Seacrest proposed outside consultants at an additional charge for these services. This is the third of four renewal options available. Proposals were originally received November 23, 2010. This proposal was advertised, opened and reviewed. The proposers were: B.P. USI Insurance, LLC (Savannah, GA) (B) $ 40,000.00 Seacrest Partners (D) $ 40,000.00 Funds are available in the 2014 Budget, Risk Management/Property Fund (621-9802-51295). A Pre-Bid Conference was not conducted as this is an annual contract renewal. (D)Indicates non- local, non-minority owned business. Recommend approval. Life and Accidental Death and Dismemberment Insurance Benefits – Annual Contract Renewal- Event No. 2358. Recommend approval to renew an annual contract for basic, dependent and supplemental life and accidental death and dismemberment benefits from ING Employee Benefits Group in the total annual premium amount of $1,210,458. The City’s share of the premium is approximately $440,000.00; the balance is paid by the employee or retiree. The contract will provide employees, their dependents and retirees with life and accidental death and dismemberment benefits as well as supplemental life coverage. The proposal calls for a three year rate guarantee. The method used for this procurement was the Request for Proposal (RFP) which evaluates criteria in addition to cost. The criteria used for this RFP were plan design and management, quality of administration and performance guarantees, experience and references, and premiums. Nine proposals were received. A list of finalists was created based upon the quoted premium resulting in the further evaluation of three carriers: ING, Aetna, and the Hartford. ING presenting the best overall offer and rated highest in total score. While Aetna offered a slightly lower premium, they did not offer the ability for a spouse to transfer coverage upon the death of the employee and included a nine-month waiting period for premium waiver if an employee is disabled prior to age 60. ING has held the City contract for the last seven years, providing excellent service and flexibility in claims payment, showing a willingness to provide fair renewal rates. This is the second of four renewal options available. The annual premium is for the term of July 1, 2014 through June 30, 2015. The proposers were: B.P. ING Employee Benefits Group (Atlanta, GA) (D) $1,210,458.00  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 Aetna (D) $1,155,958.00 Hartford (D) $1,307,515.00 Funds are available in the 2014 Budget, Risk Management Fund/Life Insurance/Purchased Insurance Premiums (Account No. 621-9803-52225). A Pre-Proposal Conference was not conducted as this is an annual contract renewal. (D)Indicates non-local, non-minority owned business. Recommend approval. Emergency Lift Station 64 Force Main Repair – Emergency Purchase. Recommend approval to procure emergency professional engineering and repair services for Lift Station 64 (Wheaton Street and Truman Parkway) from Hussey, Gay, Bell, and DeYoung (HGBD) in the amount of $42,702.50. The work is needed to repair a 30-inch force main break at Bee Road. On May 8, 2014, a leak was found on the force main pipe near Wheaton Street and the Truman Parkway overpass. The piping and the leak are in the vicinity and the slope of the Truman Parkway and require emergency repair, with the replacement of approximately 500 linear feet of the 30-inch force main under Wheaton Street and into the Truman Parkway right-of-way. Lift Station 64 is the largest sewage lift station in the City and pumps approximately 12 million gallons per day of sewage from Savannah's south side to the President Street Water Reclamation Plant. Any failure in this force main could drastically affect public safety by causing sewage and environmental spills. Professional engineering and repair services are necessary due to the existing location of the force main in the slope and the right-of-way of Truman Parkway and due to the utilities in Wheaton Street where the force main is located, such as telecommunications, gas, storm conduits, storm box, and water main utilities. The scope of services under this agreement includes, but is not limited to, land surveying services, design services, and geotechnical services. The reason that this contractor was selected is because it is presently under contract for the design of the odor control system at this lift station and is therefore familiar with the area and the work to be done. The bidder is: E.P. Hussey, Gay, Bell & DeYoung (Savannah, GA) (B) $42,702.50 Funds are available in the 2014 Budget, Capital Improvements Projects/Other Costs/Lift Station Rehabilitation (Account No. 9207-52842-SW813). (B)Indicates local, non-minority owned business. Recommend approval. Lift Station Influent Cover – Emergency Purchase - Event 2361. Recommend approval of an emergency purchase of a lift station chamber cover from Delta Metals, Inc. in the amount of $45,150.00. Lift Station No. 40 (Travis Field off of Dean Forest Road) has an influent chamber that is approximately 20 feet deep and is currently uncovered. The Conveyance and Distribution Department was directed by a Georgia Environmental Protection Officer to cover the chamber within 30 days due to safety concerns. The City of Savannah is under a consent order for violations of the Clean Water Act and covering this chamber is a part of the City's compliance  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 with that order. Covering this chamber is also required in order to maintain the City's National Pollution Discharge Elimination System permit. This vendor was selected because it was the first available to immediately respond with the necessary equipment and the ability to install it within the required timeframe of 30 days. The vendor is: EP Delta Metals, Inc. (Savannah, GA) (B) $ 45,150.00 Funds are available in the 2014 Budget, Capital Improvements Projects/Other Costs/Lift Station Rehabilitation (Account No. 311-9207-52842-SW0813). (B)Indicates local, non-minority owned business. Recommend approval. Water and Sewer Agreement – Highlands Falls Phase II. Land Pro’s SE, LLC has requested a water and sewer agreement for Highlands Falls Phase II. The water and sewer systems have adequate capacity to serve this 48-equivalent residential unit development located off Benton Boulevard. The agreement is consistent with policy directives given by the Mayor and Aldermen and has been reviewed and approved by the City Attorney for legal format. Recommend approval. Approval of Purchase of Property from Century Investors, Ltd in the 1800 block of Martin Luther King, Jr. Boulevard and Montgomery Street for Central Precinct Police Station. Per the site selection process which was outlined in the workshop earlier today, a site has been selected for the Central Precinct Police Station. Recommend authorization for the City Manager to enter into a contact with Century Investors, Ltd, for the purchase of a site in the 1800 Block of Martin Luther King, Jr. Boulevard and Montgomery Streets, subject to the following terms, with the form of contract to be approved by the City Manager and City Attorney:  Purchase price of $1,098,750  Property includes 1 full city block and two half blocks.  Due diligence period for City of 120 days, during which City may cancel contract for any reason.  Seller may cancel during diligence period if it is unable to reach agreement with lenders for release of the property from existing mortgages.  Earnest money earned after due diligence period $30,000.  Closing 60 days after end of due diligence period.  Seller shall deliver property at closing, free and clear of all liens, leases and parties in possession.  Seller shall have 30 days after closing to remove any tangible personal property. Recommend approval. Mayor Jackson recused herself from the vote and left the room. Approved upon motion of Alderman Osborne, seconded by Alderman Sprague and unanimously carried per the City Manager’s recommendation. The following announcements were made: Alderman Sprague announced “Muffins with Mary Ellen” every Wednesday 6:00 a.m. – 9:00 a.m. at Coffee.Deli in the Habersham Village Shopping Center. Also, Creative Coast will be  OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL MEETING May 29, 2014 hosting TedEx tomorrow, the event is sold out but it can be viewed live stream. More information can be found on www.creativecoast.com Alderman Bell stated she would like to congratulate Zadonna Slay for being appointed as the new Director for the West Broad Street YMCA. Alderman Shabazz thanked the community for coming out and participating in the 5th District Town Hall meeting. Mayor Jackson thanked the contractors that came out to the last workshop held, more will be held in the future. Alderman Thomas thanked the City Manager and staff for a very productive meeting held in the Coffee Bluff area in reference to sidewalks. There were a great deal of comments and he believes the residents are excited about what is to come. Mayor Jackson sent condolences to the families of Mrs. Mary Styles, Dr. Maya Angelou and others within the community. She stated a staff member was lost approximately a month ago and it wasn’t announced and wished condolences to his family as well. She also stated she hopes the City Manager’s mother continues to recuperate. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese, MMC, Clerk of Council