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

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 Alderman Carol Bell.

A RESOLUTION OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH AUTHORIZING THE MAYOR TO SIGN AFFIDAVIT OF EXECUTIVE SESSION.

BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah as follows:

At the meeting held on the 18th day of January, 2018 the Council entered into a closed session for the purpose of discussing  Litigation, Real Estate and Personnel. At the close of the discussions upon this subject, the Council reentered into open session and herewith takes the following action in open session:

1. The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified;
2. Each member of this body does hereby confirms that to the best of his or her knowledge, the subject matter of the closed session was devoted to matters within the specific relevant exception(s) as set forth above;
3. The presiding officer is hereby authorized and directed to execute an affidavit, with full support of the Council in order to comply with O.C.G.A. §50-14-4(b); 17
4. The affidavit shall be included and filed with the official minutes of the meeting and shall be in a form as required by the statute.

ADOPTED AND APPROVED: JANUARY 18, 2018 upon motion of  Alderman Bell, seconded by Alderman Shabazz, and unanimously carried.

[Summary: City Council recognized Police Officers Barrett Hood, Kevin Tolliver, Shaquille Brown and Board of Education Officer Arthur Bryant for rescuing a citizen from a burning home on the early morning of Friday, January 12, 2018.]

Mayor DeLoach: OK.  Chief Gavin, Assistant Chief Gavin.  Where is Assistant Chief Gavin?  I want to recognize Chief Gavin and the four officers that saved the citizen from the burning home, would you all come forward. Everyone there, there’s a whole group of them there. I’ll let you introduce everyone, recognize everyone.  Chief Lumpkin’s coming in and Acting Chief Revenew.  Let’s all get in there. I feel a little safer when I’ve got all this blue around me.

Assistant Police Chief Robert Gavin: Thank you Mr. Mayor. Yes, in the early morning hours of January 12^th, Metro officers with the downtown precinct responded to a structure fire, the 1100 block of Augusta Avenue.  The officers were the first ones on scene and coming in contact with a fully engulfed structure. Two individuals made it out of the residence and one person remained inside. Officers had heard movement in the home and sprang into action. They kicked in the door.  Officer Barrett hood located the victim, began pulling him out while radioing for help. Officers Kevin Tolliver, Shaquille Brown, and Board of Education Officer and part-time SCMPD Officer Arthur Bryant responded and helped bring this victim to safety. Today we were here to recognize them for their actions and their…

Mayor DeLoach: Let’s all have a hand.  Let's give them a big round of applause [applause].  What precinct is that?

Assistant Chief Gavin: It’s Downtown Precinct.

Mayor DeLoach: Who’s got that?

Assistant Chief Gavin: Captain Cary Hill.

Mayor DeLoach: Can we get a big picture. We want to get everybody up here, along with council.  This is great day. This is what our, this is what our police force is made up. We've got great police officers, great firemen. We're blessed to have great employees with the City of Savannah. I don't want anybody ever forget that we've got great people. 

Assistant Chief Gavin: Yes, this is Officer Hood's wife and two children, coming in and joining us for this picture.

Alderman Johnson: Mr. Mayor, I'll make a brief comment particularly to these officers.  As you all are aware, Augusta Avenue is in my district. So often, we have an excellent fire department and usually our fire department responds within four minutes. In this case, these police officers responded first.  They could have easily, I think people would have understood them saying you know what we don't do fire. That's not us. But they put themselves, they ran in it, with total disregard for their own safety. Without any particular paraphernalia and offered their lives. And so I think it just exemplifies not only the commitment of our officers but certainly the unusual heroism and sacrifice of these gentlemen. I just want to thank you all for what you did so much. Thank you all guys.

Alderman Shabazz: Mr. Mayor, you know I see that we also have a Savannah Chatham County Public School System officer. Am I correct?  

Assistant Chief Gavin: That’s correct.

Alderman Shabazz: Yes sir. I also just want to recognize, knowing that they are here, and that the collaboration of officers working together in a very, very noble fashion. So we are so thankful.

Alderman Miller: And we must get the picture. While they're doing that, I just want to mention, I appreciate what Alderman Johnson said and I agree with it, but saying that's not my job is just not something cops do. It is their job and they make it their job. And we really do appreciate that. 

SCCPSS Chief Terry Enoch: Thank you for the opportunity to address this is very honorable council. What you've seen, you’ve seen one of our officers working a part time program that was set up by Chief Lumpkin. It is a continued collaboration between the two apartments to keep us safe. And as Chief Lumpkin goes on to other things I also want to recognize that we, we recognized him, we gave him the 2018 Board of Education Leadership Award. Was it last week? Was this week, this week. We serve over 38,000 students throughout Chatham County.  I would be remiss if I didn't acknowledge the great work that Chief Lumpkin has done to help keep our schools safe and the great collaboration that we have with you mayor and this distinguished council. So thank you very much on behalf of our superintendent Doctor Levett.  Thank you very much.

Mayor DeLoach: Thank you so much. Appreciate it. Thank all you. Thank you gentlemen. All right.

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.

[Summary: Mr. Martin Fretty, Housing and Neighborhood Services Director, introduced donors of the Savannah Affordable Housing Fund (SAHF). The SAHF is a local fund that helps leverage private investment to address local workforce and affordable housing needs and opportunities. Carver State Bank's President and CEO, Mr. Robert E. James, presented a check for $1,000 to the Mayor and Aldermen for deposit into the SAHF. This is Carver State Bank's first year investing in the SAHF. Synovus Mortgage Corporation's Mortgage Loan Originator, Mr. Jason Brown, presented a check for $5,000 to the Mayor and Aldermen for deposit into the SAHF. This is Synovus Mortgage Corporation's first year investing in the SAHF. BB&T Bank's Savannah Market President, Mr. Bill Lynch, presented a check for $20,000 to the Mayor and Aldermen for deposit into the SAHF. This is BB&T Bank's third contribution to the SAHF since 2015.]

Mayor DeLoach: Well this is a great time of year. We've got Carver State Bank. We have Synovus Mortgage Corporation and we have BB&T Bank coming forward with the Savannah Affordable Housing Fund. This is exciting because the City is getting money. And they haven't asked for it.  A thousand dollars, and then 5,000 and 20,000.  So, we are grateful to see you guys come in and you can come every week if you would like, every other week.

Martin Fretty: Mayor and Aldermen, Martin Fretty, Housing Director, Housing and Neighborhood Services Department Director. I'm going to be real brief and just pass the torch to the gentlemen that are before you. But we thought this is a great opportunity to bring three banks or three lenders of different sizes that all contributed to the fund which you had requested their help in doing so. It's a great fund, you'll hear from them now and you'll hear from Chad Jacobs the Advisory Chair at the end of the thing to give you an update on how we've done this year and what we're expecting for next year.

Bob James: I want to thank the City of Savannah, Savannah for all of the outstanding work you're doing in affordable housing. I was approached by Alderman Foster at a meeting last year. He said Bob I want to see Carver State Bank’s name on that list of banks that support affordable housing.  He said I know you don't really need that type of recognition and what he meant by that is that Carver being the oldest institution in this town, locally owned institution was founded in 1927. We're in February we will be celebrating 91 years of existence. We are, have consistently maintained an Outstanding Community Reinvestment Act rating and what he was referring to is that the fact that we have maintained that rating was partially due to our work in the area of affordable housing. And so our gift to this fund is an extension of the work that we are consistently doing and have done for years.

Mayor DeLoach: Thank you so much Mr. Bob. OK.

Alderman Shabazz: Mr. Mayor before Mr. James leaves the podium, I would like to, now I'm thinking about something. You were part of and correct me if I'm incorrect.  You were a part of the initial board or the initial thought the initial vision of all of this. Am I correct?

Bob James: Yes

Alderman Shabazz: OK. I just want to make sure we put that out there. And of all of these presentations it's going to be taking place on today, I would like to say that with the range of the donations that are coming from one thousand to twenty thousand dollars, that it’s a wonderful challenge for all of the banking institutions in our city to come forward because as you will see today it doesn't matter how big or how small your institution is. Everyone in Savannah needs a lending hand and all institutions, banking institutions of all sizes are represented here today. So thank you Mr. James for being here.

Mayor DeLoach: Let's recognize Synovus, Is Synovus here? There you go. Thank you so much. Thank you. What's your name?

Jason Brown: Jason Brown.

Mayor DeLoach: Jason.  Thank you so much for that donation. We looking forward to helping some folks out that might not otherwise be able to be in a position own a home and the one thing we can say is the only reason they will be is because people like your bank and these banks that are represented here are taking out of their profits and actually donating some people that are less fortunate. So thank you so much. We appreciate it. How about a BB&T?

Bill Lynch: Bill Lynch I’m the market president for BB&T, best bank in town since 1872, a resident of District 2, and we are very pleased to support the safe and affordable housing fund with a check of twenty thousand dollars which supplements our earlier check of ten from before.

Mayor DeLoach: We appreciate all the work you do.  Thank you so much for what you're doing is a chance we get a picture.  Am I missing anybody, make sure I cover everybody. We go we got the money man.

Chad Jacobs: Mr. Mayor and council members I just wanted to provide a, just a quick brief update.  You've got a little pamphlet in front of you.  Drill down very quickly. You know kind of the most important parts as far as you know my activities and what I've tried to do from a leadership perspective. We certainly continue to appreciate the City's continued support and with this affordable, Savannah Affordable Housing Fund. The City has invested since 2013, $950,000 in the fund since 2012 and we have been able to since that same time generate $220,000 worth of private and institutional investment. And for the year of 2017 we were able to raise $82,500 dollars in private and institutional donations. So we're making good progress. Our 2018 goal is $100,000 dollars and this will help get us off to a good start.

Mayor DeLoach: That's great.

Alderman Miller:  Mr. Mayor a couple comments. I've known Mr. James for a very long time, all the way till when he liked me. Synovus and BB&T are not only in my district but I owe them both a lot of money.  But the numbers you just read out and Chad who at one time was my banker. You’ve worked hard at this. All of you, all collectively have done a marvelous job and on behalf of this City and the people that this will help. I want to thank you.

Chad Jacobs: Thank you sir.

[Summary: The Memorial Day School Football Team appeared and was recognized for their 6th GISA AA State Championship.  Alderman Johnson recognized that this is the tenth consecutive year the school has come before City Council for athletic achievement in basketball or football, and commended Memorial on a great tradition of raising not only great athletes, but great men.  Alderman Johnson told them that as long as you keep winning, you can keep coming before City Council.  Coach Thompson spoke on behalf of the team and thanked the school administration for the opportunity to coach a great group of young men.  Mayor DeLoach commended the coach and team members on their hard work.  He reminded the students of their role as role models and representatives of their team, school, community and their parents.  The team members introduced themselves, including name, grade and position.  Athletic Director Mark Sussman was recognized by Alderman Johnson for his contributions.]

[Summary: Aleshia Howell, Co-Founder and CEO of Codebase, and Yvonne Jouffrault, Founder and CPO of Tour Buddy Apps, organizers of Geekend appeared to invite the community to Savannah’s Tech and Innovation Showcase on February 2-3, 2018. Geekend is a two-day conference where Savannah’s hackers, hustlers, designers and makers converge. It has been held annually since 2009 and showcases the best and brightest innovators from tech, education, design, engineering and business in Savannah and beyond.]

[Summary: A resolution celebrating the legacy and accomplishments of Phillip “Philly” J. Meyers, who passed away on January 5, 2018, was presented to members of the RUFFians (Retirees Unite for the Future). Phillip “Philly” J. Meyers relocated to Savannah in 2006, where he continued advocating on behalf of labor, income equality, civil rights, and the environment, among other concerns. The Mayor and Aldermen offered their appreciation for Mr. Meyers' service and the impact his life contributed to the City of Savannah, especially to the senior retiree community.]

Alderman Johnson: Thank you ladies and gentlemen. Our community suffered a great loss with the passing of Phillip “Philly” J. Meyers. In my eyes, he was a superhero. He was a person that fought for truth, justice, and the American way. There was no fight, for either rights, be it civil or otherwise, that he was not engaged in and involved heavily in. And he was the type of guy that was all in, about everything. We had an instant connection because we were both New Yorkers. And when he relocated here, he took that same New York mentality and he applied it to almost everything he did. He's left a huge void in our community. Certainly someone who has served as strongly as he did, as earnestly as he did, certainly we want to be able to provide some recognition to him. So on behalf of the City, I have a resolution that I will read. It's relatively short, so I’ll read the whole thing and it reads as follows the City of Savannah resolution:

WHEREAS:         Phillip “Philly” J. Meyers was born in 1948 in Queens, New York. He graduated from Mainland Regional High School in Linwood, New Jersey, in 1966. After high school, he enlisted in the Marines and served in the Vietnam War. He was a proud veteran and a member of Veterans for Peace; and

WHEREAS:         Mr. Meyers had strong ties to the labor movement and was a member of the New York Newspaper Printing Pressmen’s Union Local #2 since 1980; and

WHEREAS:         In 2006, Mr. Meyers relocated to Savannah and continued to advocate on behalf of labor, income equality, civil rights, and the environment, among other concerns. His stated daily goal was to make life better for the vast majority of Americans; and

WHEREAS:         In 2010, Philly Meyers helped to organize the RUFFians, Retirees Unite for the Future, an advocacy group comprised of senior retirees. The RUFFians elected Meyers their president and he helped them stage information tables, rallies, marches, and other direct action strategies in support of issues, including increased minimum wage, expansion of Medicare and Social Security, tax reform, clean energy, and equal voting rights; and

WHEREAS:         Phillip “Philly” J. Meyers passed away on January 5, 2018 in Savannah, Georgia; and

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Aldermen of the City of Savannah celebrate the legacy and accomplishments of Phillip “Philly” J. Meyers and offer our appreciation for his service and the impact his life contributed to the City of Savannah, especially to the senior retiree community.

BE IT FURTHER RESOLVED that Philly Meyers will be sadly missed by all of us who knew him as a notable leader; and that a copy of this resolution will be delivered to his family and made a part of the permanent records of the Savannah City Council meeting minutes of January 18, 2018.

It is signed by our Mayor on January 18^th.

Alderman Johnson: So, Mr. Mayor I'll move for approval of this resolution.

Alderman Shabazz: Second.

Mayor DeLoach: All in favor?  Any opposed? Hearing none it carries.

Alderman Hall: Phillip Meyers was a drum major for any project he took on, whether it was the labor movement, through retirees, and he was in all his tireless efforts with and for Chatham County Democratic Party here in Savannah he was a drum major. Thank you.

Mr. Ellison: I'd love to make some comments if I may.  By default, I am now the acting president of RUFFians and I will tell each and every one of you, we welcome you. The only requirement is that you retire.  And one there's two people, there's two kinds of people in this world, the retirees and the wannabes. And I'm telling you, Philly created this wonderful organization to help, genuinely help. Meals on Wheels, Social Security, etc. And you mentioned that, but he was the energizer bunny. You know I have to really step up my game and there's no way I can do it without a hundred people helping me. So, I encourage you, if you're retired please join us. We meet once a month, on Bull Street at the senior center. So, we welcome all of you.

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 Miller, and unanimously carried.

Approved upon motion of Alderman Miller, seconded by Alderman Thomas, 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 Miller, and unanimously carried.

Approved upon motion of Alderman Miller, seconded by Alderman Thomas, 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 Miller, and unanimously carried.

Approved upon motion of Alderman Miller, seconded by Alderman Thomas, and unanimously carried.

Approved upon motion of Alderman Bell, seconded by Alderman Miller, and unanimously carried per the City Manager's recommendation.

Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried per the City Manager's recommendation.

Alderman Hall: Mr. Mayor and members of Council, this is one of our neighborhood revitalization efforts and it's happening in the Edgemere/Sackville neighborhood. And this is for us to purchase a piece of property to expand the planned neighborhood park.

Approved upon motion of Alderman Hall, seconded by Alderman Shabazz, and unanimously carried per the City Manager's recommendation.

No Action Necessary

Alderman Shabazz: Thank you Mr. Mayor.  In reference to our new ordinance that has taken place on January, that was in effect starting January the 1st of 2018. What was missing out of this ordinance I believe was a clarification of the definition of the Savannah Business Enterprise and also the definition for the Disadvantaged Business Enterprise. And I just want to, it’s very small, read this into our record so that our public can be really clear.  I need you all to please come on board; let's get busy; let's get active; and starting up our businesses, improving our businesses, and growing our businesses.  From the City of Savannah’s purchasing ordinance, the definition for the Savannah Business Enterprise is an entity certified as a SBE by the City of Savannah.  SBEs are small Savannah based companies that meet the income and employee requirements set by the Savannah Business Opportunity Program Policy.  Entities must also demonstrate a continuous operating presence in the city of Savannah.  And also the definition, which is very, very clear that we've taken from the federal definition, for the disadvantaged business enterprise is an entity certified as DBE by any federal or state agency, and our City can help with that.  To become certified a company must be a for-profit small business concern where socially and economically disadvantaged individuals own at least 50 percent interest and also control management and daily business operations. Further companies must meet all other eligibility requirements as set by the U.S. Department of Transportation. And I just wanted to make sure that our public is quite clear so that we can continue to activate.  This ordinance is for us to improve and increase our business, businesses in the city of Savannah. So let's get busy.

Mayor DeLoach: All right. Thank you, thank you so much.

No Action Necessary

City Manager Hernandez: I'm going to go ahead and introduce it and while I'm doing that I'm going to ask that Assistant Chief Gavin come to the podium to answer any questions that you may have. But what we're looking to do here is we're looking for some flexibility. Currently what we do is we assemble all of the unclaimed bicycles and either once a year we will then transfer that over and go through the normal process of declaring them as surplus property and then we put them up for sale at public auction. What the, what we're trying to do here is consistent with our community policing efforts is to allow the police department some flexibility to donate these bicycles to worthy organizations or individuals that are in need of these bicycles. And with that I'll turn it over to Assistant Chief Gavin and also Chief Lumpkin to elaborate on what I just stated.

Assistant Police Chief Gavin: Thank you. The idea behind this, what we are talking about are community oriented policing projects that we push forward. One of the things that we have is that there's a surplus of bicycles that at one time they get turned over by the court back to the police department. Our current process is to push them out to the auction companies who then turn around and sell them in bulk now off to whatever buyers.  We believe that there's better ways to use utilize these bicycles here in town, here in the city, and it can go forth in pushing forward our efforts to engage youth, engage people that are in need, and help promote some of the programs that we work with, the Boys and Girls Club, DUI court, all those other entities that would come forward to and these needs, and we think there's a good way of using that within the community rather than sending them out. And Chief Lumpkin has been pushing for this to move forward for about a year or so and he's done this program in several other places. You know it's worked very well and so I defer to him to speak to the rest of that.

Police Chief Lumpkin: In Albany and Athens the mayor and council provided the city manager with the authority to award the bicycles to either nonprofits or those individuals that he deemed appropriate upon the chief's recommendation, for instance the kitchen kids doing something great. You might, if a kid is in need, then we might award him or her a bicycle. Typically you'll form a partnership with Bike Savannah, Bike Athens, Bike Albany that gets the bike back in shape. The City Manager would determine some criteria or others the drug court has asked for a couple of years for bicycles in order to supply them to the DUI Court. Individuals have taken their license but they cannot drive to work. They want to give them a bicycle and require them to continue to work and ride a bicycle. This is the ideal climate here. So I would suggest to you, you would do that and have the authority at the City Manager’s level with the chief making his or her nomination within defined criteria.

Mayor DeLoach: Anybody got any questions on it?

Alderman Shabazz: Mr. Mayor. I wanted to highlight this particular item and not let it pass due to the fact of what has been said by our Chief and our Assistant Chief so that the people would know that our bicycles can be used and to be available to our public. Am I correct, be available to our public in a different manner so it doesn't have to go through stringent avenues in order for them to get those bicycles that were used before?

Chief Lumpkin: When you auction them you don't get a true value. Further, but you could get a much better value by forming that partnership with Bike Savannah, letting them fix the bikes up. You have the criteria to award the bike and then you have the authority and control in the City Manager’s office.

Mayor DeLoach: Okay so that's the motion basically is it give the City Manager authority to recommend through the Police Chief those folks they deem should get the bikes to give away and stuff like that. And this is the first reading on that ordinance.

Alderman Shabazz: Mr. Mayor also, Mr. Alderman Miller, when we were talking about this he mentioned about the Savannah Bike Campaign. If you wanted to jump in there with a couple of comments.

Alderman Miller: I was just going to ask that Savannah Bicycle Campaign that takes a lot of these bicycles, picks them up, and also gives them to needy people, and in some cases they fix them up so that the poor functioning ones, fix them up into rideable condition sells them to fund worthwhile projects. And that organization that I hope we will consider.

Alderman Hall: Just this Christmas over in Savannah Gardens, Savannah Bicycle donated 75 bicycles of all sizes to the neighborhood children.  So, I wish we would choose Savannah Bicycle Campaign.  So they also fix bicycles up for some adults who need those bikes for transportation to and from work. So that is a good agency to partner with on these bikes.

Alderman Bell: Question for the City Manager. Is there is any reason, and to Brooks [Stillwell] too, is there any reason why this can't be moved for first and second reading.

Alderman Johnson: We all have to agree.

Alderman Bell: I would like to suggest then Council members, if there's no objection, why don't we just move this to first and second reading?

Alderman Hall: Second.

Alderman Bell: I didn’t make a motion, I will though.

Alderman Shabazz: I move that first reading be considered the second and the ordinance be placed upon its passage and passed.

Alderman Thomas: Second.

Ordinance read for the first time in Council January 18, 2018, then by unanimous consent of Council read a second time, placed upon its passage. 

AN ORDINANCE

TO BE ENTITLED

AN ORDINANCE TO AMEND PART 3, PUBLIC SAFETY,

CHAPTER 1, LAW ENFORCEMENT, ARTICLE A, GENERAL

PROVISIONS, OF THE CODE OF THE CITY OF SAVANNAH,

GEORGIA (2003) TO PROVIDE FOR THE SALE AND OTHER

DISPOSTION OF UNCLAIMED PERSONAL PROPERTY; TO

PROVIDE FOR EFFECTIVE DATES; TO REPEAL CONFLICTING

ORDINANCES; 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 Section 3-1001, Sale of unclaimed property, Article A, General Provisions, Chapter 1, Law Enforcement of Part 3, Public Safety, be deleted in its entirety and a new Section

3-1001 be inserted in lieu thereof as follows:

Section 3-1001 Disposition of unclaimed property.

(a)        Unclaimed personal property, except bicycles, firearms and weapons, in the possession of the police department for a period of 90 days, and after an effort has been made by the police department to ascertain the ownership of such property and to notify the owner, shall be sold at public auction to the highest bidder, after publishing notice of such sale as required by O.C.G.A. § 44-14-411. The proceeds of any sale made under this section shall be handled as set out in O.C.G.A. § 44-14-412.

(b)        Unclaimed bicycles in the possession of the police department for a period of 90 days, and after an effort has been made by the police department to ascertain the ownership of such property and to notify the owner, may be distributed to members of the community by the police department in furtherance of its crime reduction initiatives, programs and measures. Any donation made pursuant to this subsection shall be considered of substantial benefit to the City. All other bicycles shall be sold at public auction to the highest bidder, after publishing notice of such sale as required by O.C.G.A. § 44-14-411. The proceeds of any sale made under this section shall be handled as set out in O.C.G.A. § 44-14-412.

SECTION 2: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

ADOPTED AND APPROVED: JANUARY 18, 2018 upon motion of Alderman Shabazz, seconded by Alderman Thomas, and unanimously carried.

Alderman Thomas: Mr. Mayor, respectfully I'd like to ask that we consider moving this motion on I'm number 18 to first and second reading today in light of the cold weather conditions that we have a feel that would be appropriate. In the earlier discussion in our workshop today, we discussed the ordinance as it's written and I think there was going to be an amendment made to it which I did not object to. Alderman Foster and I discussed, and I think everyone was present. I want to ask you, if Ms. Herman can come forward. She is our Deputy City Attorney.  Ms. Herman has a great deal of knowledge about horses and so I'd like her to kind of go over what she's drafted for us and we can take that into the form of a motion and go ahead and pass this today. You know with that agreement from the whole body.

Deputy City Attorney Herman: Thank you Alderman Thomas. Essentially this regulates cold weather conduct.  The ordinance that we have now addresses what would happen to the horses when it's really warm. However, following the recent ice storm there was nothing in the ordinance that addressed the conditions.  So, this would make it inappropriate for the carriages to operate when the roads are dangerous and that would include sleet, ice, freezing rain, snow, anything that would be slippery with the hooves.  And I, as I understand it, the blanketing requirement’s going to come out, right? But if inclement weather occurs and they're in operation they're going to have to go back to the stable, if they're already stabled they can't come out and we set up a temperature of 35 degrees, thinking that the animals will be climatized. So, I'm happy to address any questions, but that’s pretty much it.

Mayor DeLoach: We've got a first reading and a second, does anyone have any questions on it, and we're going to cut it off without the blankets.

Alderman Thomas: I move that the first reading be considered the second and the ordinance be placed upon its passage and passed.

Alderman Johnson: Second.

City Attorney Stillwell: To make the record clear we will take the section out that has the requirement about blankets.

Mayor DeLoach: That's right.

Ordinance read for the first time in Council January 18, 2018, then by unanimous consent of Council read a second time, placed upon its passage. 

AN ORDINANCE

TO BE ENTITLED

AN ORDINANCE TO AMEND THE HORSE-DRAWN

CARRIAGE FOR HIRE ORDINANCE, ARTICLE S OF

PART 6 OF THE CODE OF THE CITY OF SAVANNAH,

GEORGIA (2003), TO PROVIDE CERTAIN PROHIBITIONS

ON HORSE-DRAWN CARRIAGE OPERATION DURING

ADVERSE WEATHER CONDITIONS; 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 Article S of Part 6 of the Code of the City of Savannah, Georgia (2003) be amended by inserting a new Section, 6-1596A, entitled “Adverse Weather Conditions” as follows:

            ARTICLE S. HORSE-DRAWN CARRIAGES FOR HIRE

            Section 6-1596A. – Adverse Weather Conditions.

            (a)        An owner, operator or custodian of a horse engaged in the horse-drawn carriage trade shall not drive, use or work a horse on a public street or right-of-way in                           the City:

                                 (1)    During periods when the temperature is below 35 degrees Fahrenheit as determined by the National Weather Service (www.weather.gov) for                                                      Hunter U.S. Army Airfield (KSVN);

                                  (2)   During periods when it is snowing, sleeting or during the fall of freezing rain; or

                             (3)  During adverse weather or other conditions which are a threat to the health or safety of the horse and the public. Adverse weather conditions shall include but not be restricted to snow, ice, heavy rain, sleet, freezing rain or other slippery conditions.

A horse being worked when such conditions develop shall be returned to the stable by the most direct route as soon as practicable.           

SECTION 2:   All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 3:   This Section shall be effective when the Mayor affixes his signature below.

ADOPTED AND APPROVED: JANUARY 18, 2018 upon motion of Alderman Thomas, seconded by Alderman Johnson, and unanimously carried.

Ordinance read for the first time in Council January 18, 2018, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz, and unanimously carried.

AN ORDINANCE

To Be Entitled

AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM PLANNED UNIT DEVELOPMENT-COMMUNITY BUSINESS (PUD-B-C), PLANNED UNIT DEVELOPMENT-INSTITUTIONAL (PUD-IS-B) AND PLANNED-INSTITITIONAL-PROFESSIONAL (P-I-P) ZONING CLASSIFICATIONS TO A B-C (COMMUNITY BUSINESS) ZONING CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof:

SECTION 1:  The following described property be rezoned from its present PUD-B-C, PUD-IS-B and P-I-P zoning classifications to a B-C zoning classification:

Beginning at a point [X: 976993.412499 Y: 723906.839644], located at the approximate intersection of the centerlines of the right-of-way for Abercorn Street and West Magnolia Avenue, said point being, THE POINT OF BEGINNING

Thence proceeding in a SW direction [S 15-23-52 W] along the approximate centerline of the right-of-way for Abercorn Street for approximately 183.353 ft. to a point [X: 976944.728884 Y: 723730.067751],

Thence proceeding in a NW direction [N 70-4-3 W] along a line for approximately 720.716 ft. to a point,

Thence proceeding in a NE direction [N 20-24-5 E] along a line for approximately 192.006 ft. to a point, said point being located along the approximate centerline of West Magnolia Street,

Thence proceeding in a NW direction along the centerline of West Magnolia Street for approximately 95.804 ft. to a point,

Thence proceeding in a NE direction [N 21-3-38 E] along a line for approximately 285.118 ft. to a point,

Thence proceeding in a SE direction [S 68-10-59 E] along a line for approximately 495.943 ft. to a point,

Thence proceeding in a NE direction [N 19-12-43 E] along a line for approximately 264.189 ft. to a point,

Thence proceeding in a SE direction [S 68-32-32 E] along a line for approximately 260.167 ft. to a point, [X: 977135.840136 Y: 724423.999324], said point being located on the approximate centerline of the right-of-way for Abercorn Street,

Thence proceeding in a SW direction [S 15-23-52 W] along the approximate centerline of the right-of-way of Abercorn Street for approximately 536.414 ft. to a point [X: 976993.412499 Y: 723906.839644], said point being, THE POINT OF BEGINNING

PINs: 2-0648-02-028 and 036; 2-0648-03-010, 011, 012 and 013

SECTION 3:  That the requirements of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied.  An opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 21^st day of December, 2017, a copy of said notice being attached hereto and made a part hereof.

SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

EFFECTIVE DATE:  This ordinance shall be effective as of the date hereof.

ADOPTED AND APPROVED: JANUARY 18, 2018

Ordinance read for the first time in Council January 18, 2018, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz, and unanimously carried.

AN ORDINANCE

To Be Entitled

AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM PLANNED UNIT DEVELOPMENT-COMMUNITY BUSINESS (PUD-B-C), PLANNED UNIT DEVELOPMENT-INSTITUTIONAL (PUD-IS-B) AND PLANNED-INSTITITIONAL-PROFESSIONAL (P-I-P) ZONING CLASSIFICATIONS TO A B-C (COMMUNITY BUSINESS) ZONING CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof:

SECTION 1:  The following described property be rezoned from its present PUD-B-C, PUD-IS-B and P-I-P zoning classifications to a B-C zoning classification:

Beginning at a point [X: 976993.412499 Y: 723906.839644], located at the approximate intersection of the centerlines of the right-of-way for Abercorn Street and West Magnolia Avenue, said point being, THE POINT OF BEGINNING

Thence proceeding in a SW direction [S 15-23-52 W] along the approximate centerline of the right-of-way for Abercorn Street for approximately 183.353 ft. to a point [X: 976944.728884 Y: 723730.067751],

Thence proceeding in a NW direction [N 70-4-3 W] along a line for approximately 720.716 ft. to a point,

Thence proceeding in a NE direction [N 20-24-5 E] along a line for approximately 192.006 ft. to a point, said point being located along the approximate centerline of West Magnolia Street,

Thence proceeding in a NW direction along the centerline of West Magnolia Street for approximately 95.804 ft. to a point,

Thence proceeding in a NE direction [N 21-3-38 E] along a line for approximately 285.118 ft. to a point,

Thence proceeding in a SE direction [S 68-10-59 E] along a line for approximately 495.943 ft. to a point,

Thence proceeding in a NE direction [N 19-12-43 E] along a line for approximately 264.189 ft. to a point,

Thence proceeding in a SE direction [S 68-32-32 E] along a line for approximately 260.167 ft. to a point, [X: 977135.840136 Y: 724423.999324], said point being located on the approximate centerline of the right-of-way for Abercorn Street,

Thence proceeding in a SW direction [S 15-23-52 W] along the approximate centerline of the right-of-way of Abercorn Street for approximately 536.414 ft. to a point [X: 976993.412499 Y: 723906.839644], said point being, THE POINT OF BEGINNING

PINs: 2-0648-02-028 and 036; 2-0648-03-010, 011, 012 and 013

SECTION 3:  That the requirements of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied.  An opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 21^st day of December, 2017, a copy of said notice being attached hereto and made a part hereof.

SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

EFFECTIVE DATE:  This ordinance shall be effective as of the date hereof.

ADOPTED AND APPROVED: JANUARY 18, 2018

Ordinance read for the first time in Council January 18, 2018, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Thomas, seconded by Alderman Shabazz, and unanimously carried.

AN ORDINANCE

To Be Entitled

AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM PLANNED UNIT DEVELOPMENT-COMMUNITY BUSINESS (PUD-B-C), PLANNED UNIT DEVELOPMENT-INSTITUTIONAL (PUD-IS-B) AND PLANNED-INSTITITIONAL-PROFESSIONAL (P-I-P) ZONING CLASSIFICATIONS TO A B-C (COMMUNITY BUSINESS) ZONING CLASSIFICATION; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof:

SECTION 1:  The following described property be rezoned from its present PUD-B-C, PUD-IS-B and P-I-P zoning classifications to a B-C zoning classification:

Beginning at a point [X: 976993.412499 Y: 723906.839644], located at the approximate intersection of the centerlines of the right-of-way for Abercorn Street and West Magnolia Avenue, said point being, THE POINT OF BEGINNING

Thence proceeding in a SW direction [S 15-23-52 W] along the approximate centerline of the right-of-way for Abercorn Street for approximately 183.353 ft. to a point [X: 976944.728884 Y: 723730.067751],

Thence proceeding in a NW direction [N 70-4-3 W] along a line for approximately 720.716 ft. to a point,

Thence proceeding in a NE direction [N 20-24-5 E] along a line for approximately 192.006 ft. to a point, said point being located along the approximate centerline of West Magnolia Street,

Thence proceeding in a NW direction along the centerline of West Magnolia Street for approximately 95.804 ft. to a point,

Thence proceeding in a NE direction [N 21-3-38 E] along a line for approximately 285.118 ft. to a point,

Thence proceeding in a SE direction [S 68-10-59 E] along a line for approximately 495.943 ft. to a point,

Thence proceeding in a NE direction [N 19-12-43 E] along a line for approximately 264.189 ft. to a point,

Thence proceeding in a SE direction [S 68-32-32 E] along a line for approximately 260.167 ft. to a point, [X: 977135.840136 Y: 724423.999324], said point being located on the approximate centerline of the right-of-way for Abercorn Street,

Thence proceeding in a SW direction [S 15-23-52 W] along the approximate centerline of the right-of-way of Abercorn Street for approximately 536.414 ft. to a point [X: 976993.412499 Y: 723906.839644], said point being, THE POINT OF BEGINNING

PINs: 2-0648-02-028 and 036; 2-0648-03-010, 011, 012 and 013

SECTION 3:  That the requirements of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied.  An opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 21^st day of December, 2017, a copy of said notice being attached hereto and made a part hereof.

SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

EFFECTIVE DATE:  This ordinance shall be effective as of the date hereof.

ADOPTED AND APPROVED: JANUARY 18, 2018

Ordinance read for the first time in Council January 18, 2018, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Bell, seconded by Alderman Thomas, and unanimously carried.

AN ORDINANCE TO ANNEX TO THE CORPORATE LIMITS OF THE CITY OF SAVANNAH PROPERTY LYING CONTIGUOUS TO THE EXISTING CORPORATE LIMITS AND BEING THE TERRITORY DESCRIBED IN THE SURVEY ENTITLED “Exhibit A: An annexation exhibit of lot 1, chevis estates, being a portion of lot 2, burroughs subdivision, 6^th g.m. district, chatham county, georgia”, bY coleman company, inc.; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES.

WHEREAS, Vallambrosa Plantation LLC. the owner of a certain tract of land contiguous to the corporate limits of the City has submitted a petition requesting annexation to the City; and

WHEREAS, the provisions of Chapter 36 of Title 36 of the Official Code of Georgia Annotated (O.C.G.A. 36-36-20 et seq.) have been complied with;

NOW THEREFORE 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:  The following tract being contiguous to the City of Savannah with a parcel identification number of 1-1003-01-021and described as:

Property Description.

ALL that certain tract of land known as Lot 1, Chevis Estates, being a portion of Lot 2, Burroughs Subdivision, 6^th G.M. District, Chatham County, Georgia, recorded in Plat Book 50, Page 276 and being more particularly described as follows:

Commencing at an iron rod along the western right-of-way of Chevis Road having a Georgia state plane, east zone, NAD 83 coordinate of north: 716942.58 and east: 942628.52, thence along said right-of-way the following courses and distances; following a curve to the right having an arc length of 80.26’, a radius of 1880.03’, a delta angle of 2°26’45”, a tangent length of 40.13’, a chord bearing of S20°15’13”E and chord distance of 80.25’ to a concrete monument, S19°01’50”E a distance of 203.84’ to an iron rod; along the northern property line of Lot 2, Chevis Estates (Recorded in subdivision map book 8S, page 72) N87°06’45”W a distance of 147.46’ to a point; along the eastern property line of 100’ future right-of-way (Recorded in subdivision map book 33S, page 22) N2°53’15”E a distance of 262.89’ to a point; along the southern property line of lands now or formerly owned by Marguerite Green Grant S87°06’45”E a distance of 39.84’ to the point of beginning; said parcel of land having an area of 0.570 acre or 24,817 square feet.

is hereby annexed into the City of Savannah and made a part of said City. 

SECTION 2. The Clerk of Council is hereby authorized and directed to file a report on this annexation with the Georgia Department of Community Affairs and with Chatham County as provided by O.C.G.A. 36-36-3.

SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby appealed.

ADOPTED AND APPROVED THIS 18^TH OF JANUARY 2018.

Alderman Thomas: I just had a question that was actually answered during the workshop and I'll get with the City Attorney to discuss a little more detail on, you know classifications of certain vehicles and what, what that is.  There's some issues, I think Alderman Hall and I both share some concerns about different types of vehicles that are allowed in residential areas.  So, I think that's something that we could all work on and that if we need to come back we can do that. And it's on second reading. So, okay.

AN ORDINANCE

TO BE ENTITLED

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF

SAVANNAH, GEORGIA (2003), TO ADD SECTION 8-1003,

LOCAL AMENDMENTS TO THE INTERNATIONAL PROPERTY

MAINTENANCE CODE CONCERNING UNLAWFUL PARKING

OF CERTAIN VEHICLES ON RESIDENTIAL PROPERTIES UNDER

CERTAIN CONDITIONS, TO PART 8, PLANNING AND REGULATION

OF DEVELOPMENT; TO REPEAL ALL ORDINANCES IN CONFLICT

HEREWITH; TO PROVIDE EFFECTIVE DATES; 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: The Code of the City of Savannah, Georgia (2003) is hereby amended by addition of a new Section 8-1003 to Part 8, Planning and Regulation of Development, Article A, Buildings in General, which shall be entitled “LOCAL AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE”, and which new section shall read as follows:

Sec. 8-1003.  Local Amendments to the International Property Maintenance Code.

(a)        Placement of Certain Vehicles on Residential Properties.

1. It shall be unlawful to place any operable motor vehicle, boat, or trailer-type

vehicle on any residential property, or to keep, store or allow any such vehicle to remain on a residential property except (A) on an established driveway or (B) enclosed in a legal accessory building which is located in a side or rear yard.

For the purpose of this subsection, an “established driveway” (A) is an open and  notorious pathway that is routinely used by vehicles for safe and orderly ingress and egress between private real property and a public or private street and/or for vehicle parking on private real property, (B) is no wider than 24 feet unless otherwise authorized by the City of Savannah during a design review and permitting process, and (C) has a surface consisting of solid or pervious pavement, pavers, contained gravel or stone and/or other City of Savannah approved driveway surface materials. Established driveways connecting to a street must include a driveway apron and, where applicable, curb cut meeting City of Savannah design and construction standards.  Soil is not an established driveway surface material in front yards except in parallel paths under vehicle tires as part of established ribbon strip driveways.

2. It shall be unlawful to place any inoperable motor vehicle, boat, or trailer-type

vehicle on any residential property, or to keep, store or allow any such vehicle to remain on a residential property, except enclosed in a legal accessory building which is located in a side or rear yard. 

SECTION 2: All Ordinance 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: JANUARY 18, 2018 upon motion of Alderman Thomas, seconded by Alderman Hall, and unanimously carried.

City Manager Hernandez: I’m going to add that Margaret Williams provide a brief overview.

Alderman Thomas: I'd like to add in the discussion of this, are we amending this to what we had discussed earlier in accordance with fines and stuff?

Alderman Miller: We can do that after she makes her presentation.

Alderman Thomas: I didn't know if she'd already had that information.

City Manager Hernandez: Well she was present during the workshop, but that will have to be introduced from the dais.

Mayor DeLoach: Okay.

Margaret Williams: Good afternoon Mayor and Council.  We have been working with the grocers and retail industry to address the abandoned shopping carts in our community. Over the course of the last six months we have met with them, worked on a document and addressed their concerns. They still have some, but I think Council will address one of the major concerns. But we've made some concessions and think that the ordinance that we have before you will work toward providing quality of life in our community for our residents.

City Manager Hernandez: So, essentially what we are proposing is that all businesses with 10 or more shopping carts be required to have a cart retrieval plan on file that explains how they will go about policing their carts to take into account or to collect those carts once they are removed without consent from their property. It also establishes some performance standards in terms of how much time they have in order to collect their property once they've been advised that their property is on public property and if they fail to retrieve their property, the proposed ordinance is recommending a fine per cart that is retrieved by the City and I understand there's going to be some discussion about what the appropriate level of that fine should be.

Alderman Miller: Can I stress what part of this, because I'm not sure everybody understands, according to the provisions of this ordinance, the City will call the business and advise them that there are carts that need to be picked up and they, the business then has 72 hours, that’s three days, to get the cart off the City property.

Ms. Williams: Yes.

Alderman Miller: I'm not sure everybody understands that. Also, in our discussions with that Alderman Thomas was referring to, we thought $375.00 might be a little steep and we will propose that be reduced to $250.00. But again, this will only be applied after a store has been advised that their carts are on City property and they need to be retrieved and they haven't done so.

Ms. Williams: Further clarification of that, we won't even do anything until we've spoken with someone, not just made the call, but that we've actually spoken with the representative of that business and they know that their carts need to be retrieved. We won't leave a message. We will speak with someone.

Alderman Miller: So, this came after a series of discussions with a lot of these businesses.  Now I understand not every business was participating in this thing, but we've heard from quite a few of them. And I think there are some who want to talk to us further.

Ms. Williams: Yes.

Alderman Miller: But I want to make sure that that's out there. I wasn't sure about the 72 hours after they actually talked to somebody from the City.

Ms. Williams: Yes, and I think it's, the Mayor made the point earlier, that this is not about the fine, it is about getting compliance and getting the shopping carts out of the neighborhoods back to the businesses.

Alderman Hall: And we also said that we will come back in six months?  We will come back in six months and revisit this and see where we are, has compliance been made regularly and who is not following the letter the of the ordinance and we will revisit it. Now we said that we were going to reduce that from what 375 to 250. But we always have that ability to go back to that original amount. Is that correct?

Mayor DeLoach: Sure.

Ms. Williams: And it won't even take effect until June 1st.

Alderman Bell: Alderman Hall, the six months will also give us time to review compliance but also to determine whether or not there are any changes that need to be made.

Alderman Hall: Yes ma'am.

Ms. Williams: So, that takes us to the end of the year.

City Manager Hernandez: It will be the end of the year.

Alderman Bell: Yes sir.

Mayor DeLoach: When we look at it again. Okay makes sense. We got anybody here? I know you rode a long way. Come on down.

Ms. Williams: We have two representatives from them from the retail industry and the grocers.

Thomas Beusse: Mayor and Council. We're here again two weeks, Kathy and I were joking on the way down that when we were here two weeks ago there was snow here, we left snow in Atlanta. I'm looking forward to coming to Savannah in good weather and you know hopefully it'll be sooner rather than later. I want to thank Ms. Williams for all her participation this whole process. Mr. Miller your leadership on this and I know we've had, I've had conversations with a lot of you. I know some retailers have had conversations with a lot. I want to thank you for working with us on it. Thank you for the give and take of all of this. We look forward to addressing this six months out. See where we are and having this be a continued process and I think that's what all y'all had in mind when you approached this issue. And we look forward to keeping those lines of communication open. My door is always open, my phones always on me if there's any questions that I can answer. So, free to call me anytime.

Kathy Kazava: Mayor and Council, I appreciate the time.  I’m Kathy Kazava with the Georgia Food Industry Association and we're hoping at the anniversary there's not going to be any carts for him to pick up. So that is our goal. So I just would like to tell you what from my membership what's happening. Kroger has contracted with a gateway company and the gateway system is going to lock the wheels up so that the carts will only go so far. Now let me just say there's going to be a lot of customers that are not going to be happy because at the three stores that they are now used to stealing our property, but again they're not considering it stealing, their borrowing. But while they're taking our property they're no longer going to be able to do that. So I just wanted to give you a little bit of description on the system and then some time frame. At the Gwinnett Street store is scheduled for January 24th. The Victory Drive store is scheduled for February 1st and the Mall Boulevard store is the end of February. Those are tentative dates. The reason they're tentative is Kroger is telling me that the City has requirements that they have not had in other municipalities, that the City requires that a low voltage permit be pulled by a Georgia licensed electrical contractor. They said that's something that they haven't come in contact with but they are working on that and everything sounds like it's to go. So, January 24th the Gwinnett Street store should happen. Want to tell you what Wal-Mart is doing. They've contracted with a company, and that is picking up their carts for all their Savannah stores right now. They have documentation on the details of every pick up, the time and the place of all the pickups. I do want to explain a challenge that that I have talked to with Ms. Williams and talked about to our retailers. Some of these stores, there is a constant problem with the customers taking the carts. When you have a Jones Red and White or you have the Kroger on Gwinnett, it is constant. So the district manager I just talked to today from, from Kroger, was saying right now they pick up parts five days a week at that Gwinnett store and he said they'd be out of carts in a couple days, because people just take them and he said, so it is a constant battle for us. My question for you, however, is now that the systems are in place, we've got things in place, some retailers are going to be picking up the carts when you call. Others are putting in the system. The question for you is, how are you going to differentiate when a cart is cart number one that the City is calling on. How do you know if that's the same cart that's already been picked up or if that's a new cart?

Mayor DeLoach: So, just put a number on that, that's it. As you say if you put one on there, we say oh there's number one.

Ms. Kazava: Right. And so we can talk about that. We are wondering if the City would like to put a little tag on it. It's not that great…

Mayor DeLoach: The City won't do anything.

Ms. Kazava: So, then I guess what I've asked for is could the store keep up with exactly when they pick up the carts and where. So, that at least you could be, you could be told Wal-Mart picked up these carts this day so that when another cart is there, which is going to happen.

Mayor DeLoach: Oh yeah.

Ms. Kazava: We can only show that we're doing that and then we would ask for some relief in fines as we show you that we are doing everything we can and I promise you we're going to be doing that.

Alderman Hall: So, creating a log sheet, a pickup log sheet?

Ms. Kazava: Yes sir, we will have that. Like for example the Wal-Mart will be able to and because they're paying this company to do the pickup, be able to show you just where they pick, where they pick it up. The store will have it. What we're a little bit nervous about is if you don't have that cart retrieval system, which again costs between 40 and 50 thousand dollars depending on your parking lot. That's a huge investment for a store. If the store chooses to go with a system, a third party, or their employees, their management, not employees, that is their management, that actually picks up the cart, we’re a little bit concerned that we're not going, that they're still going to be carts out there, because if you're in areas that have apartment complexes or bus stops it's going to be a revolving door.

Alderman Miller: I would like take that as a suggestion. I think it's a good one, that I guess go to our code enforcement officer who looks at this. They have a sticker they can put on the cart that would easily be removed when the employee of the store takes the cart back, pull it off. So, we know that this cart has been reported and we'll know when it was reported. I think that's a good suggestion and I'd like to suggest that the City follow up on that. Fair?

Ms. Kazava: Thank you.

Alderman Hall: And one other suggestion. It would be a good thing if Kroger, Wal-Mart just hire one on one off just to retrieve carts.  It would be money well spent.

Ms. Kazava: Right, and Kroger has tried that approach before. Yes, I think depending on the location, depending on the store, depending on the company. Everybody is going to have to do their own system. Jones Red and White, he's not in a position to hire somebody full time. But the, Mr. Jones, a son, what his job is anytime they find a cart, but it's constant, but he just, his son goes out there every couple of days and just picks up carts. He's an independent grocer again, .93 percent profit. They don't have money to do that full time.

Alderman Shabazz: Okay, well let me ask you about Jones Red and White, because he is one of the stores in my district, and there is a constant nuisance, their carts being at the bus stops near the store down on Liberty Parkway on Mills B. Lane, on Ogeechee Road, from the store. Now you've been talking about Wal-Mart and Kroger and what Jones Red and White is going to do. So, City Manager, Ms. Williams, somebody need to really have the radar down on Jones Red and White, because if this, the owner's son is supposed to be picking them up every other day or so.

Ms. Kazava: Well they wait until someone's called, a lot of times when they get busy.

Alderman Shabazz: It is not happening. So, they need to be placed on notice about this.

Alderman Hall: This is not hard.

Alderman Miller: Can I make one more thing, too. I took a ride last night. I went to Kroger, Target, Red and White, Home Depot, Publix, Bi-Lo, Whole Foods, CVS, Staples, Walgreens, and Wal-Mart looking for any sign, any indication that the store is trying to advise residents they can't take the carts off. I didn't find any anywhere. Took pictures of a whole host of signs that are there, that include telling you we're not responsible for anything that happens to the cart. If the cart hits the car we're not responsible for that. And how you should put kids in the cart and things you should leave in the cart and things you shouldn't leave in the cart. But at none of those stores, and I went to all of them, is there any indication that do not take these carts off the premises or it's illegal to take them off the premises, nything of that nature.

Ms. Kazava: I understand and I'll take that back. I appreciate that. I think to a certain degree there's, it's just common sense that you can't take the carts in other areas of town. It's just how they're going to get to the bus stop. And that's just part of. So, different retailers are going to do things different ways depending on their community.

Alderman Miller: One thing we learned up here, you know everybody tapers that they are all issues of just.

Mayor DeLoach: I'm not as concerned about the circumstances. Some folks are going to do that because they have no other way. That's the reason we're going to call you and give you three days get it back. You want that person to go shop there. Now that person drives away with Joe. They need, they have a need there right now. That person has a need. You are going to assist that person because you want them to shop there, so we can give you three days to take care of that situation. That person gets his groceries. You get your cart back. Everybody lives happily ever after. This is not, this is not you know, this is not heart surgery. This is a simple process of doing your job and quit complaining.  That's where we are on this and the whole group up here is on that, we are going to work with you. We are going to call you, you're not going get a fine unless you don't do what you say you're going to do.

Ms. Kazava: Yes sir. OK. And I'm very much appreciate it.

Mayor DeLoach: That’s it, and these folks that have to have those cars to get at home. You have to say that's part of me doing business. That's just the deal. Some of them can't help it. So, you have to work with those folks because they don't have another way of getting there. But they want those groceries and you want that store there. So with all those things together, mean everybody's happy, so let’s everybody be happy and get the job done.

Ms. Kazava: Thank you and we appreciate you very much.

Alderman Shabazz: Mr. City Manager, just for clarification, you said that the effective date, can you go over that for me?

City Manager Hernandez: Yes. We're delaying the effective date of this ordinance until June 1st to give us time to continue to work with the industry to transition to having cart retrieval plans and so forth. So, again just another example of what we're trying to work with our businesses, because technically we could have this ordinance going, go into effect upon your approval but we'd like a little bit of ramp time and ramp up time.

Alderman Miller: Okay. All right, Mr. Mayor, motion to adopt the ordinance as amended.

Alderman Miller: Don’t we have to amend it officially?

Alderman Foster: I'd like to amend the maximum fee from 375 to 250.

Alderman Bell: Second.

City Manager Hernandez: So, just point of clarification, because I think I heard Alderman Foster say the maximum fees 250, because the way it's written right now is that the first cart is 375, plus 125 dollars for each additional cart. If there are multiple carts at that pickup location.

Alderman Foster: Right, I’m amending that 375 number to 250 for cart retrieval.

City Manager Hernandez: It is going to be one for the first cart, plus 125 for every other cart.

Alderman Miller: There also was a $500 fine, what we'd done with that?

City Manager Hernandez: Five hundred dollar fine is for businesses that failed to develop a car retrieval plan.

Alderman Miller: Thank you.

A motion to amend the fee for the first cart from $375 to $250 was made by Alderman Foster, seconded by Alderman Bell, and unanimously carried. 

A motion to approve as amended was made by Alderman Miller, seconded by Alderman Shabazz, and unanimously carried. 

                                           AN ORDINANCE

TO BE ENTITLED

AN ORDINANCE TO AMEND PART 9, OFFENSES, CHAPTER

2, NUISANCES, ARTICLE A, OF THE CODE OF THE CITY OF

SAVANNAH, GEORGIA (2003) TO DEFINE AND PROVIDE FOR

REGULATION OF SHOPPING CARTS REMOVED FROM

OWNERS’ PREMISES; TO PROVIDE FOR EFFECTIVE DATES;

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 Article G, In General, of Chapter 2, Nuisances, of Part 9, Offenses of the Code of the City of Savannah, Georgia (2003) be amended by inserting Sections 9-2017 through 9-2026, collectively referred to as the Abandoned Shopping Cart Ordinance, as follows:

        Sec. 9-2017. – Purpose.  The Mayor and Aldermen find that it is in the public interest to provide for the prompt retrieval of lost, stolen or abandoned shopping carts in order to eliminate blight and improve the image and appearance of the City. It is the purpose of this ordinance to have the owners and operators of businesses providing shopping carts to use the means available to them to deter, prevent or mitigate the removal of shopping carts from their business premises. It is further the purpose of this ordinance to prevent the illegal removal of shopping carts from business premises.

        Sec. 9-2018. – Declaration of public nuisance. Shopping carts that have been illegally removed from the premises of businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health, safety and welfare of the public. They create conditions of blight in the community, obstruct free access to sidewalks, streets and other public rights-of-way, interfere with pedestrian and vehicular traffic, impede emergency services, and create impediments to the flow of water in drainage systems and other waterways when abandoned within drainage culverts and easements. It is for these reasons such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter, or as provided by law.

        Sec.9-2019. – Definitions. For the purposes of this ordinance, the following terms shall apply:

        (a)            "Shopping cart" shall mean a basket mounted on wheels or a similar device which is generally used in a retail establishment                              by a customer for the purpose of transportation of goods of any kind.

        (b)            “Abandoned” means a shopping cart that is left unattended or discarded upon public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from  the premises with the permission of the owner. For purposes of this ordinance, any shopping cart left unattended or discarded on any public property shall be presumed abandoned, and any shopping cart left unattended or discarded on any private property shall be presumed abandoned unless the owner or occupant of the private property is: (i) the owner, employee, or authorized agent of the owner, entitled to possession of said shopping cart, (ii) an officer, employee, or agent of a cart retrieval service hired by the owner to retrieve shopping carts, or (iii) is enforcement personnel retrieving, storing or disposing of a cart pursuant to the provisions of this ordinance. 

(c)                   “Preventative measures” means a description of the specific measures that the business owner will implement to                            prevent removal of any cart from the business premises. Such measures may include, but are not limited to:

(1)        electronic or other disabling devices on any cart so they cannot be removed from the business premises;

(2)        use of courtesy clerks to accompany customers and return carts to the inside of the business premises;

     (3)        education provided to customers regarding criminal penalties associated with removal of a cart from the premises; and

     (4)        other demonstrably effective measures likely to prevent removal of carts from the business premises.

        Sec. 9-2020. - Abandoned shopping cart prevention and retrieval plan.  Each retail establishment with 10 or more shopping carts is hereby required to develop and implement a specific plan to retrieve its shopping carts that are found throughout the city. All retail establishments must provide, upon request, a cart prevention and retrieval plan. Two or more retail establishments may collaborate on a single plan. Plans must be available upon request, within 60 days of the effective date of this ordinance, and must include an effective and specific method of retrieving the retail establishment's shopping carts found throughout the City. The plan shall include:

(a)                        Owner/Point of Contact information. The name of the owner/manager; the physical address where the retail establishment is conducted; and the name, address, and telephone number(s) of the owner/manager and any point of contact to call and report an abandoned cart, including any changes of such persons.

(b)            Shopping carts to be maintained on-site. The following are required measures to contain shopping carts on-site. The owner of the retail establishment may install specific physical measures on the carts or implement other measures to prevent cart removal from business premises. These measures may include, but are not limited to:

                 (1)        Installing disabling devices on all carts;

                 (2)        Installing bollards and chains around business entrances/exists to prevent cart removal;

                 (3)        Providing carts for rental or sale that can be temporarily or permanently used for the purpose of transporting                                                                              purchases; or

                (4)        Providing personnel for the purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees                              of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or combination of                                 both.

      Sec. 9-2021. - Identification affixed to carts. Every shopping cart made available for use by customers shall affix on each shopping cart, and maintain thereon, legible information identifying the name of the retail establishment with which it is owned or otherwise associated.

            Sec. 9-2022. - Employee training. The owner/manager of the retail establishment shall communicate the cart retrieval plan to new and existing store managers designed to educate such employees concerning the requirements of the plan and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.

            Sec. 9-2023. - New development requirements. New developments and businesses of over 15,000 square feet in area and having more than ten carts shall be required to provide, upon request, a cart retrieval plan prior to the issuance of a certificate of occupancy for the facility.

          Sec. 9-2024. – Effective date; compliance.  The effective date of this ordinance shall be June 1, 2018. Within 60 days of the effective date of this ordinance, each retail establishment that utilizes shopping carts in the operation of its business shall affix on each shopping cart, and maintain thereon, information identifying the name of the retail establishment.

            Sec. 9-2025. - Enforcement. The provisions of this ordinance shall be enforced by code enforcement personnel. In the enforcement of this ordinance, enforcement personnel may enter upon public property which the City owns or has a right to enter to examine a shopping cart or parts thereof, or to obtain information as to the identity of a shopping cart and remove, or cause removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to this ordinance.

            Sec. 9-2026. - Penalty for failure to submit, modify or implement plan.  Any retail establishment that fails to provide a plan upon request, shall constitute a violation of this ordinance, and be subject to the procedure and penalties that follow:

(a)        Once a merchant or point of contact, as specified in the cart retrieval plan, has spoken with code enforcement, the merchant has 72 hours to                       remove carts.

(b)        If the City has to remove the carts, they will be immediately disposed of and the business fined a recovery fee.

(c)        The recovery fee will be established yearly in the City's Revenue Ordinance.  For 2018 the fees shall be: one cart picked up $250; more than one               cart at the same location, $250 plus $125 for each additional cart collected during the same recovery effort.

(d)       Failure of any business to provide a cart retrieval plan within 24 hours of request shall result in a fine not to exceed $500.

SECTION 2:   All ordinances or parts of ordinances in conflict herewith are hereby repealed.

ADOPTED AND APPROVED: JANUARY 18, 2018

Alderman Bell: On a related, I mean it's not related to carts per se, but it is a blight issue. We received a letter, and I don’t know whether he just sent that to me or if they sent it to all of the council members, but Dave Young submitted something regarding a proliferation of signs on public property whether they're advertising for taxes or selling houses or whatever all over the city. Is that something you can ask staff and code enforcement to look into?

City Manager Hernandez: We look out for that all the time. They're called snipe signs, and are just basically signs that pop up overnight, are typically on a small stake or a metal frame of some sort. They just pop up.  Our code enforcement staff are constantly removing those signs. And I will check to make sure that we're citing. The problem with citing  someone is you may be advertising let's say for a business and they'll come back and say well I didn't put that sign, I procured services of a company and they did. And so now we're chasing the tail so to speak to find out the actual company that went out there and the individual that went out there and actually placed the sign in.

Alderman Miller: What would be the difference then and sending your employees out there to put that sign and engaging another company that put that sign there. They're still working as your agent are they not

Alderman Bell: Exactly. I don't see why we should care about who did it for you.

City Manager Hernandez: Yeah. You know whenever you're bringing these cases for prosecution these are the types of things that we have to deal with.

Alderman Thomas: Mr. Mayor this is a motion that is being put forward. Heath Lloyd Floyd is he here? Did you want to come up and brief us on this? Give us a little understanding of what we're doing.

Chief Infrastructure and Development Officer Heath Lloyd: Good afternoon Mayor and Council. Heath Lloyd.  Alderman Thomas is absolutely right. This is, I would guess part of our process of getting ready to start the work on  Windsor Park. It is in Alderman Thomas's district. And this right here is just a resolution where we want to close off some of the roads and create cul de sacs. What that is going to do is give us an opportunity to install walking trails, those walking trails obviously it will allow the residents to partake of the park. And so we have to basically block the roads off and create cul de sacs. So that's kind of what this is about.

Alderman Thomas: In addition to this though it has an unintended advantage as well as it provides traffic calming to a road that had been seeing a lot of cut through traffic and high speeds around the corner. So, this is almost a natural way of resolving that issue. But I want to applaud our staff on really thinking outside of the box here, because this is an area that was a mass FEMA lots that we had purchased and we all know the difficulties that we had going through government bureaucracy dealing FEMA lots. So, we wanted to put dog parks in this park and we sought the approvals from FEMA, they would not allow us to build fences in that. So, in the area where the roads were Heath and his team came back with the City Manager and all and said we will create a cul de sac, we'll take the road up, and we can put the dog parks where the road was. And we resolve the issue, created a great advantage for this park and for the residents, and used basically what would have been dead space, and created something great out of these. And I just think it's, I mean thinking outside of the box and doing things like now was great.

Approved upon motion of Alderman Thomas, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.

Resolution on file in the Office of the Clerk of Council.

Approved upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried per the City Manager's recommendation.

Approved upon motion of Alderman Johnson, seconded by Alderman Shabazz, and unanimously carried per the City Manager's recommendation.

Approved upon motion of Alderman Johnson, seconded by Alderman Shabazz, 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.

Alderman Thomas: Mr. Mayor, just on item 30, I have no problems with the award here and with the company or anything. I just, I would prefer to abstain. I do a substantial amount of business with this company, so I will not vote on this contract.

Approved upon motion of Alderman Bell, seconded by Alderman Shabazz, and carried per the City Manager's recommendation.

Alderman Thomas recused himself from the vote.

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.

Alderman Johnson: Regarding Items 34 and 35, I’m recusing myself for obvious reasons.

City Manager: Mr. Mayor, since this is a legal settlement I'm going to defer to the City Attorney.

City Attorney Stillwell: 34 and 35 are the legal documents that settle the dispute with the County concerning the demerger agreement. 34 provides that the County will pay the City $2,109,560.00 for previous police services during 2016 and 2017, in addition to what it's already paid. They'll also pay $1,179,564.00 for services during the month of January, that's this month. The agreement also provides that there will be a second agreement which is the second one, number 35, under which the County will assume the responsibility and all of financial obligations for operations of the 911 center going forward for at least the next 10 years, not only for Savannah-Chatham County, but all the other municipalities within the County. In other words, they’ll treat this as a county-wide function to be funded from the County's general fund. This will save the City I believe it's approximately $2.3 million dollars per year going forward in future years including this year. That is the number 35. There was a typo in the agreement that the County signed and sent over to us, now under which it said it would be the actual transfer of assets would be July it would be January 1 when in fact it's July 1. The County Attorney has informed me that the County's acceptable, will accept that. And so, I would recommend that both 34 and 35 be adopted. As to 35, that would be with the change that adds to the effective date of the transfer of 911 assets, it would be July 1 and not January 1.

Alderman Miller: And we deal with them separately.

City Manager Hernandez: Just one additional point Mr. Mayor, understanding that in this demerger process is a complicated endeavor for both the City and the County and there are still a lot of unresolved issues, particularly the County has reached out to the City and requested our assistance in continuing to provide law enforcement services to some extent, in some of the adjacent surrounding areas.  When you take action on item number 34 I would ask that you also grant the City Manager the authority to go and negotiate an amendment to the settlement agreement as necessary in order to finalize all of the actions related to the demerger.

Alderman Bell: But perhaps we should amend 34 then to include what you just said.

City Attorney Stillwell: Well I think if you resolve to allow the City Manager to sign the agreement as is, and also authorize him to proceed with negotiations with the County to amend the agreement going forward to provide for additional services in addition to those that are provided by this contract, he will then proceed with those negotiations and come back to you with either an amendment or an additional contract when we can get it negotiated.

Alderman Miller: But we're not approving that, that will come back for approval after that negotiation?

City Attorney Stillwell: Correct, but that you're giving him authority to proceed in the interim. I mean obviously there are things that are going to need to be done and you know there are a lot of practical issues with the transfer and when assets get transferred. The County has as you know asked the City to assist with continuing to police the west side of the County for some amount of time to be negotiated. This is obviously going to require a lot of additional City cost probably a lot of overtime by our officers because we don't have the right staff in place for that since we've pared down the department and the Manager will have a lot to discuss with the County Manager and he's asking for your approval to do this and to implement some of those changes immediately, of course subject to coming back with some formal agreement when it's ready.

Alderman Miller: I’ll move forward in a minute with the motion to accept that. I do need to go on record, if for no other reason than to make the me the heavy, to say we need to be cautious how we get in this contract, because I do want us to work with the County, it is important that we do. We're all in the same boat. I also have to take into consideration the resources that we have given our department. Make sure we don't overtax our department. And hopefully we'll be able to keep that within no more than six months. Your negotiation may go further than that. We'll discuss that at that time. But I think it's imperative that I go on record as saying we need to be cautious of anything beyond that.

Approved upon motion of Alderman Miller, seconded by Alderman Durrence, and carried per the City Manager's recommendation.

Alderman Johnson recused himself from the vote.

Alderman Johnson: Regarding Items 34 and 35, I’m recusing myself for obvious reasons.

Alderman Miller:  Again I think it's a fabulous thing at face value that the County will take this responsibility. I do think we have to be cautious in this. We have discussed among ourselves and with other municipalities the need for an authority of some sort to oversee this and as we move forward with this I think the City needs to stand by its decision to request an authority to handle this, rather than leave it open ended. Our police department, as good as it is, can only respond when they know we have the issues. I have seen what happens when a 911 center is not operating at its best and that can be quite troublesome. The idea of an authority or something to that matter so that everybody will have a chance to voice their concerns with this is imperative.

Mayor DeLoach: I need to make comment on that though, because I think that's not what's in front of you. What's in front of you is what the County’s recommended. They would take over control. Now if you want to amend it and say but we would like to see some consideration when you go to start speaking to them or whatever, when you go to we want an authority also, but I think very you know. We have agreed or we have agreed in principle, that they will take over the 911 center with a $2.1 million dollar operation and they were going to take it over and we were not going to be a part of it. I think that was the original idea.

City Attorney Stillwell: Let me clarify that just a little bit. I think that the existing agreement that's on the agenda, already addresses Alderman Miller’s concern.  Although, obviously I agree with him that it needs to be fleshed out. But let me read you one paragraph so the public will understand this, paragraph 5 of the agreement says during the period from January 1 through July 1, 2018 the County shall also in consultation with all cities within the County and other recognized stakeholders endeavor to agree upon and execute a mutually acceptable intergovernmental agreement pertaining to operations and governance as relates the County-wide E911 center. Now I agree with the Alderman Miller that that's not as clear as it needs to be, but that's because it's a work in process. I will comment further, the City and County several years ago, I don't remember exactly when, but sometime in the last 10 years, we hired a consultant on 911 centers and they issued a fairly detailed report recommending a collaborative operation of a 911 center and recommending certain governance structures that are used in other counties and cities throughout the country. And I think the County and City are generally, were in favor of that and the police merger agreement that of course is being undone now, but both parties agreed to move toward the governance type structures that are in there, so I think there's wide agreement on that and also by the other municipalities in the County, at least based on some discussions I've had with some of the other city attorneys.

Alderman Miller:  And so forgive me if I was unclear. But sometimes provisions inside these motions get lost. I'm encouraging the City Manager to make sure that that provision doesn't get lost as we go forward.

Approved upon motion of Alderman Miller, seconded by Alderman Bell, and unanimously carried per the City Manager's recommendation.

Alderman Johnson recused himself from the vote.

Approved upon motion of Alderman Bell, seconded by Alderman Miller, and unanimously carried per the City Manager's recommendation.

Approved upon motion of Alderman Miller, seconded by Alderman Shabazz, and unanimously carried per the City Manager's recommendation.

City Manager Hernandez: Mr. Mayor, members of City Council there are three items related to this particular agenda item. We are requesting to move monies out of either our Cemetery Capital Improvement Plan Reserve or the General Capital Reserve to do the following projects. We’re recommending a transfer of $230,000 from the cemetery reserve, capital reserve, transfer that money to the Greenwich columbarium project. That is a structure within a cemetery that houses cremated remains in urns, at Bonaventure. The second one related to Cemetery CIP Reserves $75,000 in order to replace an office trailer there at the cemetery which has mold and moisture damage.  And then the last item we are moving $257,000 out of General Capital Reserves into a bridge maintenance project related to the Mills B. Lane Bridge.

Approved upon motion of Alderman Miller, seconded by Alderman Bell, and unanimously carried per the City Manager's recommendation.

[Summary: Ms. Tom Ella McBeth, Director of the Economic Opportunity Authority (EOA), along with members of the EOA Board presented the EOA’s Annual Report. The EOA for the Savannah-Chatham County area was established in 1964 by a joint resolution of the City of Savannah, Chatham County Commission, and the Board of Public Education. The agency's charter was approved on January 6, 1965. Each year members of the Authority appear before public officials at these three organizations in order to present their annual report.]

[Summary: Mayor DeLoach presented a proclamation to Police Chief Jack Lumpkin declaring January 18, 2018 “Chief of Police Jack Lumpkin Day” in Savannah. City Council then thanked Chief Lumpkin for his service and wished him well in his new job in DeKalb County.]

Mayor DeLoach:  OK. Well I want to go up and read something, if I can have Chief Jack Lumpkin come forward.  I'll let everybody speak after I read this, because I’m sure everybody's got something to say.

WHEREAS:  Joseph H. Lumpkin joined the Savannah-Chatham Metropolitan Police Department on November 10, 2014, as Chief of Police; and

WHEREAS:   He brought with him 44 years of law enforcement experience; most recently having served nearly 18 years as the Chief of Police for the Athens-Clarke County Police Department; and

WHEREAS:  Chief Lumpkin brought much needed stability and vision to the SCMPD; and

WHEREAS:  He was able to build trust and accountability with his fellow officers; and

WHEREAS:  During his tenure as Chief, he had the first fully staffed department in twenty years including hiring over 300 new officers in 3 years; and

WHEREAS:  Chief Lumpkin implemented Intelligence Lead Policing which included a direct focus on our gangs and groups in Savannah; and

WHEREAS:  Over 200 officers of the SCMPD graduated from the IACP Leadership in Police Organizations class while he served as SCMPD Chief; and                        

WHEREAS:  During his tenure he led the SCMPD during Tropical Storm Hermine, and Hurricanes Matthew and Irma which included two mandatory evacuations of the jurisdiction; and 

WHEREAS:  Last year, under his leadership, the SCMPD had a reduction of violent crime by 9%, a 10% reduction in property crime, and a 32% reduction in homicides.

NOW, THEREFORE, I, Eddie W. DeLoach, Mayor of the City of Savannah, do hereby proclaim January 18, 2018 as:

“Chief of Police Jack Lumpkin Day”

in Savannah, Georgia.

Police Chief Jack Lumpkin: I appreciate the honor Mr. Mayor and Council. I apologize for my flu like symptoms and problems. I have certainly enjoyed working for the City of Savannah and the Savannah Chatham Metropolitan Police Department. I think we've made some inroads. I think that you are right on the right road for the future. Certain Chief Revenew will serve as the interim chief has an outstanding legacy here of his own. You have some fine men and women in that police department. We've brought in some really good quality folks that way, had a lot of quality people there, just some people that were not acting appropriately. I think most of those are not there any longer. They have their heads down, if they are to the point that they are not causing problems. Continue to support the police department. One of the questions that came up in the Council about the domestic violence, you are going to have to watch domestic violence in the next. Got to keep the focus on the gangs and groups, but the next issue is domestic violence. If you want to get your homicide rate below the national average for a city this could mean this. Thank you all for your support over the years.

Alderman Miller: I've had the privilege of working for, with, and around Chief Lumpkin for the last three years. When we were interviewing candidates for the job, I actually introduced him to the media. He came in in a brown suit and he looked like he was scared to death. It didn't take me long to figure out the Jack Lumpkin isn’t scared of anything. I saw him take a department that had the makings of a very good department and turn into a very good department adding levels of professionalism that we never even realized we didn't have. Chief you’ve done a wonderful job for this community. I consider you a friend. I wish you the best and where are you going. I hate to see you go, but I'm proud that you able to go there. And we wish you the best.

Chief Lumpkin: Thank you sir. You didn't work for me, you worked with me.

Alderman Foster: Chief Lumpkin and I share a little bit of heritage and background. We were both from Athens. Well what year did you graduate from Bernie Harris.

Chief Lumpkin: ’66.

Alderman Foster: And I graduated from Athens across the street in ‘67 and those, a lot of people don't realize but those two schools consolidated and became Clark Central High School now, which has been a football powerhouse, but back in those days Bernie Harris produced horse King Richard Appleby and [unintelligible] Andy Johnson on the same team at the University of Georgia and they were all FCC players some good, good folks in that community. And so you grew up right and he has impressed me in the two years that I've had the opportunity to work with him and I know Michael Thurmond is going to appreciate your help over there in DeKalb. We wish you the best of luck. Thank you again.

Chief Lumpkin: Thank you sir. I didn't realize you were ’67, my brother was in the class with you there.

Alderman Hall: I would like to thank former City Manager Stephanie Cutter for a wise choice she made in hiring you as our chief during a very, very difficult time here in Savannah. You step, then you step up. You've made some career changes for some people who didn't measure up. And we thank you for being here and we thank you for your leadership. Thank you very much Chief.

Alderman Shabazz: Thank you Mr. Mayor. I just want to say to you Chief Lumpkin. I remember the evening over at the Civic Center when we had a meet and greet with you and we were down to three candidates and you were one of them. And at that time you were my choice for the chief of police for the City of Savannah. You came in as our chief during a critical time, and I want to say that the fire was on the knob of high and critical, but the notches have been turned down. So, I want to thank you for your work, your commitment to this council, or to the city council, and to the citizens of the city that you serve. I also want to say that it is written in the book of Ecclesiastics, and the author of Ecclesiastics is Solomon and it clearly states that there is a time and a season for everything. So, with this move that you are making in your life journey, I think that particular scripture sits well for you, that the time is now for you to do what you are doing and your journey has been great and it will continue to be great. Thank you so much for stopping off in the City of Savannah to render your service to us. Thank you sir.

Alderman Bell: Chief Lumpkin, thank you for all that you've done for the City of Savannah during your brief stay. You leave a legacy and in addition to the things that my colleagues have mentioned, I personally would like to thank you for getting to know you during our work with the Invest Health on the MARC. And I look forward to that man that Multiagency Resource Center are having a great impact on the lives of our young people. And I am also thankful for the work we began on the National League of Cities reduce jail youth project. So you helped, you mean, you leave, you've left your mark on Savannah. And we appreciate that. So, thank you for all that you've done and I pray, I wish you Godspeed as you go over to continue great works. Thank you.

Chief Lumpkin: Thank you, and we have an assistant chief assigned to each one of those I was told to Chief Revenew a few moments ago. Those efforts won't stop. We have to say the City Manager has approved the National League of Cities efforts to reduce incarceration and it saves you time and money in the long term.

Alderman Thomas: Chief, to echo my colleagues and all, I want to thank you for your service to our city. I want to thank our former City Manager Stephanie Cutter, who made a brilliant decision bringing you here. You restored integrity to a department that deserved to be respected, and I just can't thank you enough for what you did in that manner itself. You weren’t with us a terribly long time compared to other chiefs, but what you have done will last for throughout our lifetimes, and will take our department to the next generation. You've brought up people in our department to be able to believe in themselves again and the work that they were doing. I personally have enjoyed working with you. For my district for the people that I represent and I've just found you to be one of the most upstanding people that have ever served in that office that we've ever had during my tenure here in Savannah.

Chief Lumpkin: Thank you sir. And as you said the department members deserve to be respected.

Alderman Johnson: Chief, thank you again so much. I've had the pleasure of knowing you when you got here through working with the National Organization of Black Law Enforcement Executives. You were a legend then and I agree that Stephanie Cutter was brilliant when she brought you here. I didn't think we would be able to get you. You came here as the Chief of the Year. Your legacy is really about leadership and how you were able to help change a culture of a department that was really in need of a changing culture and as a result some folks had to come and some folks had to go. You made some very hard decisions and some very tough choices. But I agree with you, I think that our department is definitely on the right track, and I thank you for that. I also thank you because not only did you understand the science of policing but you understood the art of policing. And personally I can tell you I know there were times where you had been pressured to be able to police in a different way. And I've heard you philosophically and morally stand on the ground that we are going to treat people no matter who they are with dignity and respect and insist that our office do the same thing. And we have seen that. So I'm excited for you. I know it's a blessing to be able to walk away and not be sent away. So to go away and make some more money, I ain’t mad at you. All I'm saying is when I come to the DeKalb County, look out for your boy. And, I called CEO Thurmond and I told him that he had been taught not to steal. And he said he would bring his boy home. I guess your best is still yet to come. Remember us here in Savannah. Thank you.

Alderman Durrence: Thank you sir. Chief, before I met you and before I was sworn into the seat, my first insight into you was speaking with a member of the committee that interviewed you through the hiring process. And he told me and I think this was pretty much an exact quote, he said if we had hired anybody else we'd have had to send them to Chief Lumpkin to train them. That was a high mark I thought. And every experience I've had working with you and being here bears that out. Thank you for your service. Thank you for your leadership and good luck in the future.

Chief Lumpkin: Thank you. Thank you, Mayor and Council. I'll make sure that I get a video of this so I can play it over and over for my wife.

Mayor DeLoach: Thank you again, Chief.

Approved upon motion of Alderman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager's recommendation.

Alderman Thomas: I know we've already approved it, but I just want to point out one item. On item number 33, we approved this, but I'd really like to know why we are going to buy 117 cars from Smyrna, Georgia, when we have a Ford dealership here in town. And I know it's the bid process, but there's some reason why our local folks just aren't either bidding competitive or aren't bidding on this. This is a $3.2 million purchase and it's gone to a dealership that's well away from this area. And if that dealership can sell them to us and ship them here, there's no reason why, you know the local dealerships shouldn't, couldn't do the same. So, we're spending $3.2 million dollars of our tax dollars in Smyrna, Georgia. So, I don't know what's going on. Why they're not bidding or winning. But I'd like to get a better understanding, maybe even from them on why they can’t be competitive with these others.

Alderman Johnson: Mr. Mayor, in regards to Alderman Thomas statement, which I wholeheartedly agree. I believe we have started talking about creating some opportunities for our local market to be more competitive and addressing some of those very same issues. Perhaps there may not be any reason that there's a benefit to the costs involved. Hopefully, once the City Manager rolls out of those changes or those proposals officially, it might make it a lot more worthwhile for local vendors to do business here.

Mayor DeLoach: Go ahead. You want to explain.

Alderman Johnson: I didn't want to go too far.

Mayor DeLoach: Go into detail please. This is real important.

City Manager Hernandez: As you recall at our last City Council workshop, We introduced the idea of updating our procurement policies to increase the percentage amount whereby local firms would be given the opportunity to go back and match the highest bid and right now, if I'm not mistaken, I think it's within 2 percent and we're going to be proposing somewhere around seven and a half percent. But this is clearly one where you know we had a local firm, J.C. Lewis Ford, they were not the lowest bidder, nor were they the second lowest bidder. But we also had another company that was regional, although not a Savannah based business, so they wouldn’t have benefited from that policy change. But possibly this particular one, J.C. Lewis, may have benefited.  But anyway, that just underscores our position that it's time for us to look at our existing policy and make the appropriate adjustment so we can allow local firms to compete.

Alderman Thomas: Well I mean, is it too late for us to go back and look at that now? I mean this is $3.2 million dollars, this is a significant amount of money.

Alderman Hall: Well actually it’s more than that, back in June, we did another 1.5 million.

Alderman Thomas: Yeah, I saw that. I'm just looking at the other one. I saw the 1.5, so it's really 4.8 million.

Alderman Shabazz: Well, I'm going to agree with Alderman Thomas, just to find out. Can we pull those back and also move forward? I know that our Purchasing Director brought to our last workshop a proposal that we had questions on, but we'd need to move forward with that. And then probably bring this back or something.

City Manager Hernandez: I would caution the council with canceling this bid for several reasons. Number one it was a bid that followed our normal purchasing processes, number one, and number two we're purchasing vehicles that are desperately needed for us to continue to provide police protection in Savannah. We've got 35 new vehicles as part of this, plus 82 additional vehicles, and we're starting to hurt for vehicles. And I would not recommend that we delay this purchase.

Alderman Thomas: I agree with you 100 percent. I don't want to do anything to hurt the integrity of this open bid program here. But this is a clear example, this one right here, of why we got to get a change in place and we've also got to get a better understanding and communication with local vendors to participate in the system, because we are sending 3.2 million and as John pointed out 1.5 million earlier, out of this community, to other communities. And I just don't know, we're not dealing with a thousand dollars here; that we're dealing with a lot of money, and we won't spend this kind of money on this purpose for several more years down the road, at this level. So, I just want to make sure, I want to see us do what we had talked about earlier. I don't want to retract the vote on it, but I know we need the cars right now. But, it's a shame that our local vendors did not benefit from this versus someone in Smyrna, Georgia.

Alderman Shabazz: Mr. Mayor, I want to comment on this. This is one the reasons for the ordinance that was passed last year and I want to ask the City Manager I know that the Purchasing Director stated that it would be a little while after she brought forward a proposed amendment to our ordinance, but I think we need to move forward and bring that to the next workshop what she was getting ready to present to us in reference to the changes of the ordinance so that when other items that will be purchased by the City something like this won't continue to slip through the cracks, because we don't have the ordinance amended.

City Manager Hernandez: I think we'll be in a position to bring back an item such as was presented by Ms. Huhn during the last workshop with the exception of the discussion that we had pertaining to companies that are headquartered in the city. We need to do a little bit more research with that and we didn't think that we could turn it around that quickly. So, if you'd like we can still bring you back the proposed change in the preference section that we talked about, still investigate the requirement for companies to be headquartered in Savannah and allow us the opportunity to bring back that at a later date so we don't hold up the entire process moving forward.

Alderman Shabazz: Yes sir. I think we need to do that for the betterment of us, and our citizens, and our taxpayers.

Alderman Johnson: I just want to be careful. You know, I think you know, you needed to let us know, I don't want to rush it for the sake of rushing it. I think sometimes it's the issue to bring in some piecemeal, particularly if they're connected. And so I think you know, I kind of want you all to kind of go back to which is that determined what is needed. I mean if there's no major purchases coming up, it may not make sense to be able to do that.

Alderman Shabazz: So you know well what I'm saying with this is that. If we're not going to bring forward, if you're not going to put any bids out to the public to bid on that's all well and good when having all of the items including clearly a company having its headquarters here in the City of Savannah to do business with the City of Savannah all well and good, but if you have plans to put out for bid any contracts that the public will be doing with the City of Savannah, I am asking us to move forward on this because this is the situation we're talking about right now. If the ordinance was not, if the ordinance was changed, then we'd be talking about a whole different story here on today. So you walk in, you know you can do it how you want to do it, but if you're not going to put anything out, let's hold off on putting out any more contracts until we get it all together when you do this.

City Manager Hernandez: Let me consult with our purchasing staff and we'll see what works best for us and get back to you as quickly as I possibly can.

Alderman Johnson: This might provide some context, sometimes Mr. Mayor what companies will do, is they will low ball it to be able to get the bid. I don't know in this case whether J.C. Lewis's bid actually reflected the actual cost, but sometimes you have people from out of town that will really go into the red on their end of it just to be able to get the contracts. I mean without understanding how that's all worked out, the cost per unit, how all that stuff works out, that sometimes for them to get the bid, actually they lose money. So, $3.2 million sounds like a lot of money, but in context it may actually cost them much more than that. So, I think you know it requires a bigger discussion about how all that stuff works.

Alderman Hall: And maybe in the original bid all of these cars didn't come with all the bells and whistles that they’re going to come with.

Announcements

Ms. Tia Brightwell, the President of Frasier Homes, came forward to invite the public to a Voting Educational Town Hall Meeting, Friday January 19 at 4:30pm at Susie King Taylor Community School on Bull Street. Linda Wilder-Bryant spoke in support of Ms. Brightwell and invited City departments to come if the Mayor and Alderman are unable to attend.

City Attorney Action Item

City Attorney Brooks Stillwell: If you could add under attorney action items to give me authority to send, there have been some shootings at the Overtime Bar and Grill on Skidaway Road in the last few weeks, and we would recommend that the Council conduct a show cause hearing why the liquor license for that establishment should not be either revoked or suspended and we will send that out if Council will give us that authority.

Approved upon motion of Alderman Hall, seconded by Alderman Miller and unanimously carried. 

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=PaT7xLo57zpw