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CITY GOVERNMENT
OFFICIAL PROCEEDINGS OF CITY COUNCIL
SAVANNAH, GEORGIA
PRESENT: Mayor Eddie W. DeLoach, Presiding
Aldermen Carol Bell, Julian Miller, Brian Foster, Bill Durrence, Van Johnson, Tony Thomas, John Hall, Estella E. Shabazz
Rob Hernandez, City Manager
Brooks Stillwell, City Attorney
William Shearouse, Assistant City Attorney
Jennifer Herman, Deputy City Attorney
The regular meeting of Council was held this date at 2:00 p.m. in the Council Chambers of City Hall. The Pledge of Allegiance was recited in unison followed by the Invocation by Father Patrick O'Brien.
Upon motion of Alderman Johnson, seconded by Alderman Durrence, and unanimously carried item number 38, was moved under the Ordinances Second Readings Section as item number 22.1.
Approved upon motion of Alderman Bell, seconded by Alderman Shabazz, and unanimously carried.
Approved upon motion of Alderman Bell, seconded by Alderman Shabazz, and unanimously carried.
Mayor DeLoach presented the 2018 St. Patrick’s Day Parade permit to the Parade Committee. This year’s parade will be on Saturday, March 17, 2018 beginning at 10:15 a.m. The parade will consist of 6,000 on foot, 300 units, and 50 floats.
Brian Counihan, Sr., General Chairman of the Savannah St. Patrick’s Day Parade Committee, introduced members of the Executive Committee, including: Langdon Cooper, III, Adjutant, George Beckett, III, Public Investiture, Will Fleming, Sr., Father Patrick O’Brien, Chaplain, who has served more than 20 years, and Father Jason Adams, Co-Chaplain. He also introduced Sheriff John Wilcher, Chatham County Sheriff Department, Chief Billy Freeman, and Gary Taylor. Mr. Counihan then introduced the 2018 Savannah St. Patrick’s Day Grand Marshal, Mr. Michael Kenny.
Mr. Kenny thanked Mayor DeLoach and Council and welcomed everyone to take part in the 2018 St. Patrick’s Day events stating it’s a religious day, a fun day and a family day. He then introduced some of his Aides beginning with his son, Robert Kenny, Michael Bolton and George Swartz.
The parade permit was approved upon motion of Alderman Miller, seconded by Alderman Hall, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Alderman Durrence: Mr. Mayor a question about item four. Ms. Jones, is she here? Could you come to the podium please? Item number four petition for Etta’s Southern Café and Winery. There were some questions from the Victorian Neighborhood Association about whether or not there was going to be dinner service and whether or not this was beer and wine or alcohol. I see from this that it is beer, wine, and liquor. Do we have clarity about whether or not this was going to be a dinner restaurant or just breakfast and lunch? I think you were familiar with the questions Ms. Patterson had about this.
Judee Jones, Revenue Department: Alderman Durrence. I'm sorry, Judee Jones, Revenue Department. Alderman Durrence, I did conduct a site visit to this location. This location will be operating as a full service restaurant. The applicant had a restaurant over in Garden City and now she's moved to the City of Savannah. So, based on my inspection, I was satisfied that this business will be operating as a full service restaurant.
Alderman Durrence: Okay, will it wind up being a bar in the evenings? There were some question about the age limit that was going to be imposed on patrons.
Judee Jones: Not during my observation. The applicant did inform me that she does not want to allow young people into the establishment because she wants to keep this more of an adult atmosphere.
Alderman Durrence: Okay, thank you.
Alderman Johnson: I have a question. Mr. Mayor, I have a question. Ms. Jones did we just approve a bar in that area? Maybe end of last year?
Judee Jones: Yes, we approved the White Rabbit, I'm sorry, the Black Rabbit, which is located on Barnard and Henry Streets.
Alderman Johnson: Which is different than the White Rabbit which we will be approving today.
Judee Jones: The Black Rabbit is a full service, is operating as a bar/lounge.
Alderman Johnson: And it’s in the same vicinity?
Judee Jones: Yes it is.
Alderman Johnson: Thank you.
Alderman Shabazz: Mr. Mayor.
Mayor DeLoach: Yes ma'am.
Alderman Shabazz: Ms. Jones, thank you for being here. On that same subject, how far is the Black Rabbit away from the Southern Café and Winery?
Judee Jones: It is approximately about a block and a half.
Alderman Shabazz: One block and a half.
Judee Jones: Yes.
Alderman Shabazz: Thank you.
Alderman Foster: I saw the other question, you didn’t bring it up. How close is it to the church?
Judee Jones: It meets the requirement for the distance for church, this location does.
Alderman Foster: Just wanted to get it on the record.
Hearing closed upon motion of Alderman Durrence, seconded by Alderman Bell, and unanimously carried.
Approved upon motion of Alderman Hall, seconded by Alderman Shabazz, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Durrence, seconded by Alderman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Bell, seconded by Alderman Hall, and unanimously carried.
Approved upon motion of Alderman Johnson seconded by Alderman Durrence, and carried with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence, Johnson, Hall and Shabazz. Alderman Thomas voted against the motion.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Durrence, seconded by Alderman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Durrence, seconded by Alderman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Durrence, seconded by Alderman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Alderman Johnson: Mr. Mayor I had a comment about it, only for a good reason and good news. Debra Momon has been a well-known in this community and worked her way up through the entire history of, people have seen her working in hotels in all different types of positions. The reason why she's here today is because she's now the General Manager at the Embassy Suites and I just thought that was noteworthy.
Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried.
Approved upon motion of Alderman Johnson, seconded by Alderman Bell, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Durrence, seconded by Alderman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Durrence, seconded by Alderman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
Mayor DeLoach asked that this item be pulled and continued to the meeting in two weeks.
Continued to the meeting of March 15, 2018, upon motion of Alderman Miller, seconded by Alderman Hall, and unanimously carried.
A public hearing was held. No persons came forward to speak either for or against the item.
Hearing closed upon motion of Alderman Durrence, seconded by Alderman Bell, and unanimously carried.
Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried.
Withdrawn per the petitioner's request.
No Action Necessary.
Mayor DeLoach: Dr. Shabazz you wanted to do 17, 18 and 19 correct?
Alderman Shabazz: Yes sir. Mr. Mayor, thank you so much. Much has been said and I want to thank the City Manager and the staff who has been working endless hours in making sure that our ordinances read correctly in reference to our purchasing ordinances. Items number 17, 18, and 19 are similar. I'm just going to read the motion to approve amendment of Section 2-4061(7) of the purchasing ordinance to address the local preference threshold of purchases over $25,000. Make a motion to approve that. Do we need to take them all together?
Mayor DeLoach: Yes.
Alderman Shabazz: Item number 18, a motion to approve the amendment on Section 2-4063(5) of the purchasing ordinance to address the local preference threshold of purchases under $25,000. And item number 19 is the motion to approve the amendments to Section 2-4042(21) of the purchasing ordinance to address the definition of local vendors. If you don’t mind Mr. Mayor so that I could have it read into the record because all of the items mostly read the same. Mr. City Manager is our Purchasing Director or someone here so they can just read the part of the change, the new change of the language.
City Manager Hernandez: I'll go ahead, I’ll gladly do that for you, Council member Shabazz. The first item, which is to address the local preference threshold for purchases over $25,000. What that does is it allows a local bidder, if a local vendor's bid is within seven percent of the non-local low bidder's pricing, they will be allowed an opportunity to match the local price. If a Savannah Business Enterprise (SBE) vendor is within 10 percent of the non-local low bidder's pricing, they will also be afforded that opportunity. The same with a Disadvantaged Business Enterprise (DBE) if their bid is within 10 percent of the non-local low bidder's pricing with respect to purchases under $25,000, the same applies. With respect to the definition of a local vendor, the local company must have a physical presence within the City limits. They must have a current City business tax receipt that has been issued by the City for at least one year prior to being able to bid on a City procurement. And they must also provide quantifiable services in the ordinary course of conducting business.
Alderman Shabazz: Thank you Mr. City Manager.
Approved upon motion of Alderman Shabazz, seconded by Alderman Johnson, and unanimously carried per the City Manager's recommendation.
AN ORDINANCE
TO BE ENTITLED
AN ORDINANCE TO AMEND PART 2, GOVERNMENT
AND ADMINISTRATION, CHAPTER 4, FINANCIAL
ADMINISTRATION, ARTICLE E., PROCUREMENT, DIVISION
3, SOURCE SELECTION AND CONTRACT FORMATION, SECTION
2-4061(7) CONCERNING COMPETITIVE SEALED BIDDING AWARDS,
OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003)
TO PROVIDE FOR LOCAL AND DISADVANTAGED BUSINESSES
TO MATCH BIDS; TO REPEAL CONFLICTING ORDINANCES;
FOR OTHER PURPOSES; AND TO PROVIDE AN EFFECTIVE
DATE OF APRIL 1, 2018
BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof:
SECTION 1: That Part 2, Government and Administration, Chapter 4, Financial Administration, Article E., Procurement, Division 3, Source Selection and Contract Formation, subsection (7) of Section 2-4061 pertaining to Competitive Sealed Bidding be deleted in its entirety and a new subsection (7) of Section 2-4061 be inserted in lieu thereof as follows:
ARTICLE E. PROCUREMENT
DIVISION 3 SOURCE SELECTION AND CONTRACT FORMATION
Sec. 2-4061. – Competitive sealed bidding.
(7) Award.
(a) The contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event the low responsive and responsible bid for a construction project exceeds available funds and such bid does not exceed such funds by more than five percent, the city manager is authorized, when time or economic considerations preclude re-solicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.
(b) The following provisions shall apply in the procurement of supplies and services:
(1) In the event that the lowest bid among those provided by responsive and responsible local vendors is within seven percent of the lowest responsive and responsible bidder who is not a local vendor, the lowest responsive and responsible local vendor shall be afforded the opportunity to match the bid submitted by the nonlocal bidder. If the lowest responsive and responsible local vendor agrees to match the lowest bid, then the contract shall be awarded to the local vendor. In the event that multiple local vendors meet this criteria, the opportunity to match the low bid submitted by the non-local bidder will be offered to each of the local low bidders meeting the criteria beginning with the lowest bidding local vendor and proceeding in order.
(2) In the event that the lowest bid among those provided by responsive and responsible Savannah business enterprise vendors is within ten percent of the lowest responsive and responsible bidder, the lowest responsive and responsible Savannah business enterprise vendor shall be afforded the opportunity to match the bid submitted by the low bidder. If the lowest responsive and responsible Savannah business enterprise vendor agrees to match the lowest bid, then the contract shall be awarded to the Savannah business enterprise vendor. In the event that multiple local vendors meet this criteria, the opportunity to match the low bid submitted by the non-local bidder will be offered to each of the Savannah business enterprise low bidders meeting the criteria beginning with the lowest bidding Savannah business enterprise vendor and proceeding in order.
(3) In the event that the lowest bid among those provided by responsive and responsible local disadvantaged business (DBE) vendors is within ten percent of the lowest responsive and responsible bidder, the lowest responsive and responsible DBE vendor shall be afforded the opportunity to match the bid submitted by the low bidder. If the lowest responsive and responsible local DBE vendor agrees to match the lowest bid, then the contract shall be awarded to the local DBE vendor. In the event that multiple DBE vendors meet this criteria, the opportunity to match the low bid submitted by the non-local bidder will be offered to each of the local DBE low bidders meeting the criteria beginning with the lowest bidding local DBE vendor and proceeding in order.
(4) In the event that more than one bid meets the criteria in subsections (1), (2), and (3), the opportunity to match the low bidder shall be afforded first to the lowest bidder meeting the criteria in subsection (2), second to the lowest bidder meeting criteria listed in subsection (3), and third to the low bidder meeting the criteria listed in subsection (1).
SECTION 2: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
ADOPTED AND APPROVED: MARCH 1, 2018
Approved upon motion of Alderman Shabazz, seconded by Alderman Johnson, and unanimously carried per the City Manager's recommendation.
AN ORDINANCE
TO BE ENTITLED
AN ORDINANCE TO AMEND PART 2, GOVERNMENT
AND ADMINISTRATION, CHAPTER 4, FINANCIAL
ADMINISTRATION, ARTICLE E., PROCUREMENT, DIVISION
3, SOURCE SELECTION AND CONTRACT FORMATION, SECTION
2-4063(5) CONCERNING SMALL PURCHASE AWARDS,
OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003)
TO PROVIDE FOR LOCAL AND DISADVANTAGED BUSINESSES
TO MATCH BIDS; TO REPEAL CONFLICTING ORDINANCES;
FOR OTHER PURPOSES; AND TO PROVIDE AN EFFECTIVE
DATE OF APRIL 1, 2018
BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof:
SECTION 1: That Part 2, Government and Administration, Chapter 4, Financial Administration, Article E., Procurement, Division 3, Source Selection and Contract Formation, subsection (5) of Section 2-4063 pertaining to Small Purchase awards be deleted in its entirety and a new subsection (5) of Section 2-4063 be inserted in lieu thereof as follows:
ARTICLE E. PROCUREMENT
DIVISION 3 SOURCE SELECTION AND CONTRACT FORMATION
Sec. 2-4063. – Small purchases.
(5) Small purchases awards. The following provisions shall apply in the award of small purchases of supplies and services.
(a) In the event that the lowest quotation among those provided by responsive and responsible local vendors is within seven percent of the lowest responsive and responsible business that is not a local vendor, the lowest responsive and responsible local vendor shall be afforded the opportunity to match the quotation submitted by the nonlocal business. If the lowest responsive and responsible local vendor agrees to match the lowest quotation, then the purchase shall be awarded to the local vendor. In the event that multiple local vendors meet this criteria, the opportunity to match the low bid submitted by the non-local bidder will be offered to each of the local low bidders meeting the criteria beginning with the lowest bidding local vendor and proceeding in order.
(b) In the event that the lowest bid among those provided by responsive and responsible Savannah business enterprise vendors is within ten percent of the lowest responsive and responsible bidder, the lowest responsive and responsible Savannah business enterprise vendor shall be afforded the opportunity to match the bid submitted by the low bidder. If the lowest responsive and responsible Savannah business enterprise vendor agrees to match the lowest bid, then the contract shall be awarded to the Savannah business enterprise vendor. In the event that multiple local vendors meet this criteria, the opportunity to match the low bid submitted by the non-local bidder will be offered to each of the Savannah business enterprise low bidders meeting the criteria beginning with the lowest bidding local vendor and proceeding in order.
(c) In the event that the lowest bid among those provided by responsive and responsible local disadvantaged business enterprise (DBE) vendors is within ten percent of the lowest responsive and responsible bidder, the lowest responsive and responsible local DBE shall be afforded the opportunity to match the bid submitted by the low bidder. If the lowest responsive and responsible local DBE vendor agrees to match the lowest bid, then the contract shall be awarded to the local DBE vendor. In the event that multiple local DBE vendors meet this criteria, the opportunity to match the low bid submitted by the non-local bidder will be offered to each of the local DBE low bidders meeting the criteria beginning with the lowest bidding local vendor and proceeding in order.
(d) In the event that more than one bid meets the criteria in subsections (a), (b), and (c), the opportunity to match the low bidder shall be afforded first to the lowest bidder meeting the criteria in subsection (b), second to the lowest bidder meeting the criteria listed in subsection (c), and third to the low bidder meeting the criteria listed in subsection (a).
SECTION 2: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
ADOPTED AND APPROVED: MARCH 1, 2018
Approved upon motion of Alderman Shabazz, seconded by Alderman Johnson, and unanimously carried per the City Manager's recommendation.
AN ORDINANCE
TO BE ENTITLED
AN ORDINANCE TO AMEND PART 2, GOVERNMENT
AND ADMINISTRATION, CHAPTER 4, FINANCIAL
ADMINISTRATION, ARTICLE E., PROCUREMENT, DIVISION
1, GENERAL PROVISIONS, SECTION
2-4042(21) CONCERNING DEFINITIONS,
OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA (2003)
TO AMEND DEFINITION OF LOCAL VENDOR; TO REPEAL CONFLICTING ORDINANCES;
FOR OTHER PURPOSES; AND TO PROVIDE AN EFFECTIVE
DATE OF APRIL 1, 2018
BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof:
SECTION 1: That Part 2, Government and Administration, Chapter 4, Financial Administration, Article E., Procurement, Division 1, General Provisions, subsection (21) of Section 2-4042 pertaining to Definitions be added as follows:
ARTICLE E. PROCUREMENT
DIVISION 1 GENERAL PROVISIONS
Sec. 2-4042. – Definitions.
(21) Local vendor. A bidder or business shall be considered a local vendor if it meets all of the following requirements:
(a) The bidder or business must operate and maintain a headquarters, distribution point, division, office, or locally-owned franchise with a physical address within the corporate limits of the city, and
(b) The bidder or business must, at the time of bid, proposal, or quotation submission, have a current City business tax certificate issued by the City for at least one year prior to the issuance of the requested competitive quote, bid, or proposal by the City (a post office box or temporary office shall not be considered a place of business);
(c) The business owner must serve a commercially useful function, meaning performance of real and actual service in the discharge of any contractual endeavor. The contractor/vendor must perform a distinct element of work for which the business owner has the skills, qualifications and expertise, as well as the responsibility for the actual performance, management and supervision of the work for which he/she has been contracted to perform.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
ADOPTED AND APPROVED: MARCH 1, 2018
Approved upon motion of Alderman Durrence, seconded by Alderman Bell, and carried with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence, Johnson, Hall and Shabazz. Alderman Thomas voted against the motion.
Ordinance in its entirety is on file in the Office of the Clerk of Council.
Approved upon motion of Alderman Durrence, seconded by Alderman Bell, and carried with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Foster, Durrence, Johnson, Hall and Shabazz. Alderman Thomas voted against the motion.
Ordinance in its entirety is on file in the Office of the Clerk of Council.
Alderman Thomas: Mr. Mayor. I move for approval of the City Manager's recommendation with the addition of the language to read as follows:
(b) Trolley tour vehicle markings. Trolley tour vehicle markings shall include the company's registered logo, name, and contact information and shall be displayed on the vehicle's sides. Trolley operators may also display images that depict local tour attractions on the sides of their vehicles. Such images shall only be located between the rear tire well and the rear of the vehicle. From time-to-time the Tourism Advisory Committee may publish suggested local attractions. Except for special events, for which the prior approval o the tourism director is required, temporary exterior markings may not be hung from or affixed to the exterior of a tour vehicle.
Apporved upon motion of Alderman Thomas, seconded by Alderman Hall, and unanimously carried.
AN ORDINANCE
TO BE ENTITLED
AN ORDINANCE TO AMEND PART 6, LICENSING AND REGULATION,
CHAPTER 1, BUSINESS AND OCCUPANTIONS,
ARTICLE R. TOUR SERVICE FOR HIRE,
OF THE CODE OF THE CITY OF SAVANNAH, GEORGIA;
TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH
AND FOR OTHER PURPOSES
BE IT ORDAINED by Mayor and Aldermen of the City of Savanah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof:
SECTION 1: That Section 6-1523 be deleted in its entirety and a new section 6-1523 be inserted in lieu thereof as follows:
6-1523. Identification and markings generally.
- Generally. Every tour service vehicle shall have a sign in plain view on each side of the vehicle, in letters not less than four inches high, containing the full name of the tour service company operating the vehicle. All markings must be permanently affixed to the vehicle, except motor coaches which are operated as a part of special tours and are not operated as a part of a tour service company. No electronic or neon signage is permitted. No tour service companies or tour service operators may operate a tour service vehicle of the same color scheme. Tour service companies shall be permitted to use rental vehicles on a temporary basis as replacement vehicles for permanent tour service vehicles upon notice to the tour services coordinator and with the use of temporary signs and temporary numbers on said vehicles. The use of temporary vehicles shall not exceed seven days without additional approval of the tourism director, which approval shall not be unreasonably withheld.
Third-party advertising is permitted on the rear surface only of the tour service vehicle provided it does not block the bumper or interfere with or impede the visibility of any safety equipment. No part of the advertising may obscure the visibility of the vehicle number nor may it emit light or noise.
- Trolley tour vehicle markings. Trolley tour vehicle markings shall include the company’s registered logo, name, and contact information and shall be displayed on the vehicle’s sides. Trolley operators may also display images that depict local tour attractions on the sides of their vehicles. From time-to-time the Tourism Advisory Committee may publish suggested local attractions. Except for special events, for which the prior approval of the tourism director is required, temporary exterior markings may not be hung from or affixed to the exterior of a tour vehicle.
- The tourism director shall review tour service vehicles and trolley markings during the vehicle inspection process for compliance with this section on an annual basis.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3: This ordinance shall become effective when signed by the Mayor.
ADOPTED AND APPROVED: MARCH 1, 2018
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
City Manager Hernandez: Before you vote, I wanted to bring your attention to items 32 and 33. These expenditures under our lease agreement with the Great Dane Corporation will be offset, will offset the rent. I don't know if that was clear in the agenda item.
Alderman Miller: Will be offset by the rent?
City Manager Hernandez: Yes, we can apply those expenditures towards the rent.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
City Manager Hernandez: So this is a property that is located on East Montgomery Crossroad. There was a water and sewer agreement that was originally executed between us and the developer and my understanding was it was improperly recorded. So, apparently in order for the financing to move forward, the bank has requested that that agreement be terminated and a new one be executed in its place. So, item 35 is the termination, but then you're going to immediately approve a new agreement for water and sewer services as part of item number 36.
Approved upon motion of Alderman Miller, seconded by Alderman Hall, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Shabazz, seconded by Alderman Hall, and unanimously carried per the City Manager's recommendation.
Mayor DeLoach: Civil Service Board, one term available for appointment Mary Cohen.
Approved upon motion of Alderman Bell, seconded by Alderman Foster, and unanimously carried.
Mayor DeLoach: Historic District Board of Review, one term available for appointment Kevin Dodge.
Approved upon motion of Alderman Bell, seconded by Alderman Foster, and unanimously carried.
Mayor DeLoach: Savannah Zoning Board of Appeals, one term available for appointment Trapper Griffith.
Approved upon motion of Alderman Bell, seconded by Alderman Foster, and unanimously carried.
Mayor DeLoach: Chatham-Savannah Authority for the Homeless, one term available for appointment Alderman Julian Miller will be filling that spot.
Approved upon motion of Alderman Bell, seconded by Alderman Foster, and carried. Alderman Miller abstained from the vote.
Mayor DeLoach: Thank you Julian Miller for handling that for us.
Alderman Johnson: Thank you. Mr. Mayor, members of Council. We have discussed this, it certainly was on first reading on February 1, 2018. I will certainly be brief. This was an opportunity for Savannah to amend our code of ordinances to reduce the penalties for simple marijuana possession within the City of Savannah limits. Currently State law will stipulate that possession, simple possession of marijuana is a year in jail and a $1,000 fine or public works of sorts. The State law allows us to be able to have what's called concurrent jurisdiction on this so we can actually affect an ordinance to address the penalties. This is an opportunity to increase positive outcomes in employment, education, and housing. It also addresses inequities in our criminal justice system and it offers drug treatment assistance to those who want it. This is in no way any attempt whatsoever to implicitly or explicitly or otherwise legalize marijuana or for us to express any official opinion on the legalization of marijuana for any use as of today in the State of Georgia marijuana is still illegal. Hence that's why we're creating penalties for it, but we're reducing the penalties from what they are right now. This is not also, this is also not an attempt to circumvent judicial jurisdiction of discretion if someone chooses to be heard in court. It's also an opportunity for public safety, we know that our officers spend an inordinate amount of time for simple possession arrests. We've estimated up to two hours is used to have a police officer out of service to be able to arrest someone, process them, and then transport them to the jail. We know there's a wear and tear involved on our vehicles for that. We also know that whenever a police officer affects an arrest, there is liability that is potentially caused whenever you have to put your hands on someone, so to speak. There are opportunities for use of force violations and sometimes very bad things to happen. And then of course the amount of time that an officer has to wait and I've done it before waiting to appear in court, which is probably one of the things that police officers hate the most. This provides officers still an option they can still charge under State law, but now this creates an opportunity within their toolbox for an officer to be able to charge under the City ordinance. Which I've talked to law enforcement officers across the Country and I've heard overwhelmingly that this is something that they think is very helpful for them. Also for policing and community relations. We talk about community policing. Well, I mean giving an individual another chance, so to speak, than creating an arrest record. And it's something that I think creates some better outcomes in terms of relations between police and citizens. And finally to prevent young people from entering the criminal justice system where we can. We know when someone is arrested, they are fingerprinted, we know that they have mugshots taken of them, we know that they receive what's called the defendant identification number, we know now they are in the system and that becomes an issue sometimes when they're trying to get employment. We know it becomes an issue when they're trying to find housing. We know it’s an issue when they're trying to go to school. And so this creates an opportunity to really eliminate that but yet still say very strongly, this is still against the law and we're still penalizing you for this. And so of course, if someone doesn't get the lesson the first time the more times this occurs, then the coordinate judicial system will handle that and our court system has had very effective ways of dealing with that. So, I appreciate you all for allowing me to present this some weeks ago. I appreciate the first hearing and now I'm asking for us to go ahead and allow this to take place effective July 1st, because anytime you have a new ordinance there needs to be extensive training. I would hope that and I'm sure that Chief Revenew would definitely understand the need of making sure our officers are trained very well on what this ordinance means and the applicability of it. That gives us time to train our over 600 sworn police force on it. It also gives us a chance to train our citizens on what it is and what it's not as well. And so, we expect to have that done within the three month period and then effective July 1st, we can roll with it. So I'll make a motion for its approval.
Alderman Shabazz: Second
Alderman Hall: I just want all of our young people to understand that the City of Savannah is the only municipality with this ordinance. It doesn't apply to any other municipality, so I don't want this to be confused that if these kids are caught in Garden City or Port Wentworth to think that this covers them. It does not. Thank you.
Alderman Shabazz: Mr. Mayor, I just want to make a comment in reference to this motion. Moving forward that as I stated earlier, that I am not one that advocates any type of substance use, but as it's been stated by Alderman Johnson that this is not legalizing marijuana in our City. But because of true statistics that show that there is a serious disproportional amount of young people that are arrested for marijuana and there are some unfair treatment on some segments of people than there are of others. So, I do believe that this will be a good thing for the citizens of Savannah and especially our young people we need to and I'm hoping City Manager and others that we make this known we put it out on our website, we put it on our government channel. I'm asking the other Aldermen and our Mayor Pro-Tem as they move around to inform our community and neighborhood associations about this particular ordinance that's moving forward so that everybody can be clear. I think it's going to be a positive thing for the City of Savannah and again, I want to thank you Alderman Johnson for just having the courage and the stamina to stand with this and we are getting ready hopefully to move forward and passing this. Thank you.
Alderman Foster: Mr. Mayor and Council, I have to respectfully disagree. Marijuana is illegal federally and in the State of Georgia, and in all eight municipalities in this county for a reason. If you purchase marijuana, you are breaking the law. If you sell marijuana, you are breaking the law. You are both criminals at that point. Marijuana is an illegal drug for a reason. It creates problems that just interesting last night, Georgia public television was broadcasting a program on memory loss. He showed a brain before and after smoking marijuana and it affects the brain. It creates brain fog, it restricts blood flow to the brain and over time it helps create a lot of memory loss and there are other problems from using marijuana and I found interesting it was on the public television last night. I noticed the Sheriff was also on the news last night and the Sheriff of Chatham County says that no one is locked up and kept overnight for a misdemeanor. If I was a police officer, I'd like to not have to take more people too, but the law is the law. The message that we would be sending as a City is that this is a drug center and that you need to come to Savannah and buy your marijuana and smoke it here because the City of Savannah is not going to do much to penalize you. There are an awful lot of mothers and fathers and grandparents out there who disagree with this. I think it sends a message that if you live in this area, in this part of coastal Georgia that you want to come to Savannah to smoke marijuana. I can never agree to this. I think there are consequences government agencies, financial institutions, cannot hire people who use marijuana, stays in your blood system for four weeks and you can't pass a blood test. So, we need to tell our children that marijuana is wrong and we do not need to encourage people to come to Savannah because we're only going to give you a ticket. We're going to have people sitting around on benches smoking marijuana because it's not even as bad as a speeding ticket. I agree with the Sheriff, nobody gets locked up in our jail because of a misdemeanor, they're either bonded out the same day or he lets them out on a personal bond. So, I cannot support this and I would be disappointed if this Council passes this. Thank you.
Alderman Johnson: Thank you. I have to just say, and I'm stating again, marijuana is illegal and it's against the law. This is not an attempt in any way to legalize marijuana. The interesting thing of it to me is really the application of the law. And as I stated before, we have what's called disproportionate minority contact. There are individuals who have smoked marijuana and because: A) their parents can afford an attorney to get it knocked down to disorderly conduct or because they're socially or politically connected, they, it just kind of goes away. I mean the fact that matter is, I don't use marijuana, never used marijuana. I don't know what y'all have done, but I don't do it. And I certainly need to be very clear about that. Although the Sheriff had his opinion, I think it's very notable that Chief Jack Lumpkin, who we highly respected, stood up with me and said he was in favor of what we were attempting to do. Chief Revenew, who is a well-known and decorated officer from Pooler and now here has also said he thought this was a good thing. We’re not trying to say this is nothing wrong. I dispute that people just say we're going to come and smoke weed in Savannah. I mean people come and drink in Savannah and we say it's OK, but what I am saying is that until we have better ways of being able to fairly apply the law, number one and number two until we have ways of helping individuals to be able to address these issues. You will always have a class of people, of individuals if they can't find a job, if they can't find employment, if they can't find a place to be able to live, then we can. We talk about crime issues and poverty issues. Well, guess what leads to crime and to poverty. There is no one saying anywhere that you, if you fail a drug test, if you fail a drug test you shouldn't work with the City of Savannah we're very, very clear about that. But I just think that it's about time just because we're a historic City doesn't mean we have to think historically. We're in a position now we have an opportunity to be in front of the curve. This is where we're moving to. If you look at our ordinance as compared to ones in Clarkston and the one in Atlanta that is $75, ours is $150. They have no drug treatment, we're offering opportunities for drug treatment. So, and again, it's in the ordinance. I just wanted to thank the City Attorney Brooks Stillwell and Jennifer Herman who put in a lot of work and hours, and certainly our Police Department, Chief Revenew for putting in the work. But you know, it's a sign of the times. This is kind of where we're going and you know, I just I think I'm concerned about our young people and I'm concerned about us being able to send the message to them that because you made a mistake that your life has to be over because you can't afford an attorney or you don't have the hookup to get somebody to get you off of a charge and get it knocked down to disorderly conduct.
David Philcox: Mr. Mayor, Council. My name is David Philcox. At the age of 17, I was arrested for cannabis possession. I skipped homecoming just to do it. And I was arrested in the most idiotic of forms with a cannabis cigarette behind each ear. So, take it for what it's worth. But I immediately learned then that actions have consequences and I was young and foolish. But because of that, I was immediately detained and taken to Warner Robins Police Department. My mother had to come pick me up, crushed her heart. Beyond that, I couldn't even get a job at Target. And it's all honestly because of the way in which we manage these illegalities. Nobody here, I mean it's been stated in redundancy. Nobody here is trying to make this legalized. Nobody's saying come Savannah and do whatever you want. Last time I checked, even if it worked, that would still be public intoxication. Driving and smoking would still be a DUI. These are still serious offenses that need to be taken care of. But there are 16, 17, 18, 20 year olds that are going to jail and their futures are being taken away. They won't have the chance to work in an establishment because they won't have the chance to learn better. We're reducing the possibility to make things better for them.
Mayor DeLoach: Thank you sir. Appreciate it. I have a motion and I got a second.
Alderman Foster: Let’s go on the board.
Approved upon motion of Alderman Johnson, seconded by Alderman Shabazz, and carried. A board vote was taken with the following voting in favor: Mayor DeLoach, Aldermen Bell, Miller, Durrence, Johnson, Thomas, Hall, and Shabazz. Aldeman Foster voted against the motion.
AN ORDINANCE
TO BE ENTITLED
AN ORDINANCE TO AMEND PART 9, OFFENSES, CHAPTER
1, PERSONAL CONDUCT, OF THE CODE OF THE CITY OF
SAVANNAH, GEORGIA (2003), TO PROVIDE PENALTIES FOR
POSSESSION OF MARIJUANA; TO REPEAL ALL ORDINANCES
IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES
WHEREAS, the City of Savannah has an interest in maintaining the public safety and general welfare of the citizens of the City of Savannah and its visitors; and
WHEREAS, the City is committed to creating a safer Savannah by reducing crime, working to ensure the safety of its citizens and fostering a relationship of trust and partnership within the community; and
WHEREAS, pursuant to O.C.G.A. § 36-32-6(a) and (c), the Recorder’s Court of Chatham County is vested with jurisdiction to try and dispose of cases where a person is charged with possession of one ounce or less of marijuana when the offense occurs within the corporate limits of the City of Savannah; and
WHEREAS, any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the City pursuant to O.C.G.A. § 36-32-6(b); and
WHEREAS, currently there is no ordinance setting punishment for possession of less than one ounce of marijuana within the corporate limits of the City as authorized by the state; and
WHEREAS, enactment of an ordinance concerning the offense of simple marijuana possession within City limits is intended to enhance public safety and eliminate costs by reducing the amount of time police officers spend in connection with the arrest, processing and transportation of those accused of simple marijuana possession; and
WHEREAS, enactment of an ordinance concerning the offense of simple marijuana possession is further intended to prevent young people from entering the criminal justice system and avoiding the enduring stigma associated therewith; and
WHEREAS, it is not the intent of the City Council to legalize or otherwise decriminalize the possession of marijuana within the corporate limits of the City; and
WHEREAS, it is the desire of the Savannah City Council to specifically provide that a person convicted of a violation of Section 9-2026 shall be punished by a fine not to exceed $150.00, or community service should the Court find financial circumstances so-dictate, and shall not be punished by a term of any imprisonment.
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 Chapter 1, Personal Conduct, of Part 9, Offenses, of the Code of the City of Savannah, Georgia (2003) be amended by inserting Section 9-2026 entitled “Marijuana” as follows:
Sec. 9-2026. – Marijuana. It shall be unlawful for any person to possess one ounce or less of marijuana within the corporate limits of the City of Savannah. Any person found guilty of violating this section shall be punished by a fine not to exceed $150.00. Where the Court finds that a defendant is without the financial means to pay a fine, the Court may direct the defendant to perform community service commensurate with the fine that would otherwise be imposed. In no event shall any person convicted of marijuana possession pursuant to this section be punished by imprisonment for any term. Any defendant charged hereunder with possession of one ounce or less of marijuana shall be entitled on request to have the case against the defendant transferred to the court having general misdemeanor jurisdiction in Chatham County.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3: This ordinance shall be effective once signed by the Mayor.
ADOPTED AND APPROVED: MARCH 1, 2018
Alderman Bell: I have a comment I wanted to make after the vote. My comment is that bear in mind, I want to remind my colleagues, the Council members that there is a Technical Assistance Grant that the Chief and I are working with three other people in the community. We're looking at pre arrest diversion for other misdemeanors as well as marijuana. So, for those of you who are so passionate about this and helping our young people and keeping them out of jail, remember that when we come back before you at the end of this Technical Assistance Grant. Thank you.
Alderman Miller: I think this is a grand program I’m glad to see us do it. Again, I go back to communication I see in here that CAT is going to be running services at the City's expense until 3:00 a.m. I would like to make sure that we prominently advertise that. In my years working with the police department, I found an awful lot of people between midnight and 3:00 trying to figure out where do you find the CAT bus? So, we need to dominantly point out, that's not the right word, but clearly point out where these buses are going to be and when they're going to be running. So, a lot of the people who are trying to get on this bus aren't necessarily at their best at the moment.
Alderman Durrence: I just wanted to clarify about the fee involved. There is a $5 fee for using the shuttle. What the City will be paying is the difference between what that fee pays and what the cost of the service is.
Alderman Johnson: Which we don't know.
Alderman Hall: What is that?
Alderman Miller: $15,000.
Alderman Bell: So, we'll pay a reduced cost?
Alderman Durrence: We will pay whatever the difference is between what fees are and cost.
City Manager Hernandez: It’s capped at $15,000.
Mayor DeLoach: It’s free if you’ve got $5, I think that’s what it’s saying.
Alderman Durrence: And there will be a shuttle from Port Wentworth as well.
Approved upon motion of Alderman Durrence, seconded by Alderman Johnson, and unanimously carried per the City Manager's recommendation.
Approved upon motion of Alderman Shabazz, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.
Announcements
Mayor DeLoach: Ogeecheeton – Dawes Annual Mother’s Day Reunion. Keep it open on Saturday, May 12, 2018 from 12 to 6:00 p.m. Adults $10, Children 6-17 $5, Under 6 Free. All roads lead to Ogeecheeton. If you need more information talk to Dorothy Law or Richard Law. It’s a great event. Go and enjoy yourself. Have a good day.
Alderman Hall: Mr. Mayor. Mayor and Council, I will be having a Town Hall tonight for the neighborhoods of Fernwood/Parkwood, Sunset/Washington Park and some members of the Savannah State community. At the McAlpin Square Shopping Center 1900 East Victory Drive from 6:30 to 7:30 p.m. We promise to keep you no longer than one hour.
Alderman Hall: Mr. Mayor, one other quick thing. Wanted to wish Alderman John Hall a Happy Birthday which was yesterday and Alderman Brian Foster’s birthday is today.
There being no further business, Mayor DeLoach declared this meeting of Council adjourned.
The video recording of the Council meeting can be found by copying and pasting the below link in your url:
https://savannahgovtv.viebit.com/player.php?hash=GoHgb8PM7F9F
