HomeMy Public PortalAbout19700218CCMeeting1
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Savannah Beach, Georgia
February 18, 1970
The regular monthly meeting of City Council was called to order
at 3:00 P.M. with Mayor Michael J. Counihan presiding. The follow-
ing councilmen were in attendance: Jack .Daniels, Edward Jung,
Robert Cary, Milledge Jones, George Schwarz and Louis Hohenstein.
Also in attendance was Bart Shea, City Attorney.
The Minutes of the Special Meeting of January 14, and the Regular
Council Meeting of January 21st were approved as written.
Bills for the various departments were approved for payment.
Mayor Counihan told council that a building permit was issued to
Mr. Edward Pasko and when it expired after three months he had not
finished his building. The permit was then re- issued to Mr. Pasko
on April 28, 1969. The Mayor observed that the building has still
not been completed after almost.a year. He stated that he had
instructed the building official to inform Mr. Pasko he would have
to make a new application and that it would not be extended further.
Council, was informed by Mayor Counihan that the Flinkote Company
wanted to use our Memorial Park facilities on a Saturday in the
near future. The Mayor asked if it would be agreeable with council
for this company to use these facilities in view of our commitment
to our playground director and the children who probably would be
using the park at this time. It was agreeable with council that
this company be allowed to use, the facilities with the under-
standing that our local children would have access to the ball
diamonds and playground facilities unti1;12:00 Noon, the normal
closing time for our supervised playground activities.
It was announced by the Mayor that one of our citizens, Mr. Richard,
Grosse, was very much interested in purchasing one of our concrete
batteries at Fort Screven, the one adjacent to the campsite. He
stated that Mr. Grosse wished to put a home on it. The Mayor
further stated that he had explained to Mr. Grosse that this parti-
cular battery was leased out at the present time. Councilman
Hohenstein stated that he was opposed to selling any of the bat-
teries for the reason that he felt they would be of historic value
some day. He felt also that leasing them would be all right but
he would be opposed to selling them. City Attorney Shea gave the
opinion that since we have already negotiated a lease with Janko
and Harrington for a five -year base period with a five -year option,
that, :he did not feel we _could. .legally_ break this lease and sell.
to another party. The City Attorney_was. instructed -to write Mr.:
Grosse, to this effect.
Mayor Counihan cited numerous complaints that he had received in
regard to the very bad telephone service we have at the present
time here at Savannah Beach. He stated that he would contact Mr.
Dave Williams, pistrict Manager of the Telephone Company to see
if he could do something to correct the situation.
Councilman Daniels stated that bids had been obtained for two new
Cushman Scooters and the amount was $1507.50 each, with thirty days
delivery. He moved that the city purchase two of these vehicles
for the use of the meter maids. The motion was seconded and unani-
mously carried.
Councilman Daniels, also stated that he was in the process of secur-
ing bids on a police car but they were not as yet complete and that
he would report on this at a later date.
Councilman Hohenstein stated that last week Mr. Dyches and Mr. Smith
appeared before council asking for some relief in the payment of
bill for electric installations and wiring at the campsite which
were washed away and destroyed by the erosion. last summer shortly
after the work was completed. He stated further that these people
have also lost one -third of their camping pads. He said they were
asking for some help in the payment of this bill and also an abate-
ment for one year of the 5% on the gross take the city was to get
in addition to the $100.00 per month. It was brought out that Herb
Electric Company was willing to eliminate their profit from the work
and cut the bill as much as possible. Councilman Hohenstein moved
that after we received the reduced bill the city pay one-half the
remainder and Messers. Dyches and Smith pay the other half. And,
additionally, that we abate the 5% on the gross for one year if
they will agree to pay for the water used. The motion was seconded
and, after a lengthy discussion, approved unanimously.
Councilman Jones stated that he had been able to get only one bid
on the mowing equipment which the city proposed to buy, that being
the one from Jones Equipment Company as follows:
2 King O'Lawn Power Edger 3HP B &S M236
dual wheel (list $99.95) ® $84.96
2 Manco Mower, MS -22; Push 5HP
(list $198.00) @ $168.30
1 Simplicity Landlord 3210V 10HP
(list $1152.00)
Terms 2% - 10th
$169.92
$336.60
$979.20
Councilman Jung moved that this equipment be purchased. The motion
was seconded and unanimously carried.
Councilman Cary moved that the Clerk of Council be instructed to
write Atlantic Tank and Tower Company in Atlanta and have them
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come down and finish the job as contracted for. The motion was
seconded and unanimously carried.
Councilman Cary moved that, in view of the widening and re-sur-
facing of Campbell Avenue, all the oleanders on both sides of
this street that are on city property be removed. He said that
when they grow and become bushy this summer they will be a safety
hazard; also, the roots may damage the paving. The motion was
seconded and unanimously carried.
Councilman Jung moved the adoption of an application form to be
used for occupational licenses - and -in- particular bp- applicants
for alcholic beverage licenses. He said it was more detailed
than what we have had in the past and supplied the city with
additional information on the applicant. The motion to adopt
this new form of application was seconded and unanimously carried.
City Attorney Bart Shea read an Ordinance which he stated was
in compliance with the new Georgia Municipal Election Code and
covered the mechanics and procedure for holding our municipal
election. He said that he felt it was necessary to adopt such
an Ordinance even though it was a reiteration of the same pro-
cedure as set out in the new charter due to the fact that a
referendum had been added to the charter when it was passed by
the General Assembly and this would be voted on at the same time
as the mayor and council so that in the event the proposal to
adopt a new charter was defeated, the rest of the election would
be valid. A motion was made that the first and second readings
be held at this meeting. It was seconded and unanimously passed.
A motion was then made that the Ordinance to supplement the
requirements and provisions of the Georgia Election Code be
adopted. The motion was seconded and unanimously carried.
O R D I N A N C E
There being no further business, the meeting was adjourned to
the next regular or special called meeting.
Clerk of Council
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AN ORDINANCE
To Be Entitled
AN ORDINANCE TO SUPPLEMENT THE REQUIREMENTS AND PRO-
VISIONS OF THE GEORGIA MUNICIPAL ELECTION CODE (TITLE
34 -A) AS ADOPTED BY THE GENERAL ASSEMBLY OF THE STATE
OF GEORGIA, SO AS TO PROVIDE FOR THE REQUIREMENTS AND
ELIGIBILITY FOR ELECTION TO THE OFFICE OF MAYOR OF
THE MUNICIPALITY; TO PROVIDE FOR THE REQUIREMENTS AND
ELIGIBILITY FOR ELECTION TO THE OFFICE OF COUNCILMEN
OF THE MUNICIPALITY; TO CREATE THE OFFICES OF SUPERIN-
TENDENT AND POLL OFFICERS CONSISTING OF CHIEF MANAGER,
ASSISTANT MANAGERS AND CLERKS FOR SAID ELECTION; TO
PROVIDE THAT THE CORPORATE LIMITS OF THE MUNICIPALITY
SHALL CONSTITUTE THE ELECTION DISTRICT WITHIN THE CITY
AND THAT CITY HALL SHALL BE THE DESIGNATED POLLING PLACE;
TO SET FORTH THE REQUIREMENTS FOR REGISTRATION OF
ELECTORS BOTH WITH THE BOARD OF REGISTRARS OF CHATHAM
COUNTY AND WITH THE BOARD OF REGISTRARS OF THE MUNI-
CIPALITY; TO PROVIDE FOR A SEPARATE REGISTRATION LIST
BY THE MUNICIPALITY TOGETHER WITH THE PROCEDURE AND
FORM REQUIRED FOR REGISTERING; TO PROVIDE FOR THE
CHALLENGING OF REGISTRATION OF ELECTORS; TO PROVIDE
FOR THE APPOINTMENT AND DUTIES OF REGISTRARS, THEIR
REMOVAL AND APPOINTMENT OF SUCCESSORS; TO PROVIDE THAT
CANDIDATES SEEKING ONE OF TWO OR MORE PUBLIC OFFICES
EACH HAVING THE SAME TITLE AND TO BE FILLED AT THE SAME
ELECTION SHALL NOT DESIGNATE THE SPECIFIC OFFICE HE IS
SEEKING, TO PROVIDE THAT THE SIX CANDIDATES FOR CITY
COUNCIL RECEIVING THE HIGHEST NUMBER OF VOTES CAST SHALL
BE ELECTED AS THE SIX COUNCILMEN OF THE MUNICIPALITY;
TO PROVIDE FOR NON - PARTISAN ELECTIONS AND THAT POLITICAL
PARTIES SHALL NOT CONDUCT PRIMARIES FOR PURPOSES OF
NOMINATING CANDIDATES FOR MUNICIPAL ELECTIONS; TO
PROVIDE THAT CANDIDATES FOR COUNCIL SHALL BE ELECTED
BY A PLURALITY OF THE VOTES CAST AND THAT CANDIDATES
FOR MAYOR RECEIVING THE HIGHEST NUMBER OF LAWFUL VOTES
CAST SHALL BE ELECTED; TO PROVIDE FOR RUN -OFF ELECTIONS
IN EVENT OF A TIE VOTE BETWEEN TWO OR MORE CANDIDATES;
TO PROVIDE THAT VOTES SHALL BE CAST BY VOTING MACHINES
AS ALLOWED AND PROVIDED BY THE PROVISIONS OF THE GEORGIA
MUNICIPAL ELECTION CODE; TO PROVIDE FOR ABSENTEE BALLOTS;
TO PROVIDE FOR PROVISIONS FOR CONTEST OF ELECTIONS AND
THE PROCEDURE FOR SUCH CONTEST; TO PROVIDE THAT NO QUALI-
FYING FEE SHALL BE REQUIRED; TO PROVIDE FOR PUBLICATION
OF SUCH ELECTION; TO REPEAL CONFLICTING ORDINANCES; AND
FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Aldermen of the City of
Savannah Beach, Tybee Island, in Council assembled, and it is
hereby ordained by the authority thereof that:
SECTION I
To be eligible for election to, and to hold at any time,
the office of Mayor of the City of Savannah Beach, Tybee Island,
a person shall be at least twenty -five (25) years of age, shall
have resided in the City for a period of. two (2) years next
before qualifying as a candidate for the office of Mayor, and
shall be duly registered and qualified to vote in municipal
elections of the City and of the State of Georgia. Provided,
however, that in order to be eligible for election to the
office of Mayor for the April, 1970 Municipal Election - a
person shall be at least twenty -five (25) years of age, shall
have been a resident of the City for at least ninety (90) days
next preceding the date of the April, 1970 Election, and shall
be duly registered and qualified to vote in municipal elections
of the City and of the State of Georgia.
SECTION II
To be eligible for election, and to hold at any time, the
office of Councilman of the City, a person shall be at least
twenty -five (25) years of age, shall have resided in the City
of Savannah Beach, Tybee Island, for a period of two (2) years
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next before qualifying as a candidate for the office of
Councilman, and shall be duly registered and qualified to vote
in municipal elections of the City and of the State of Georgia.
Provided, however, that in order to be eligible for election
to the office of Councilman for the April, 1970 Election a
person shall be a resident of the City for at least ninety (90)
days next preceding the date of the April, 1970 Election, and
shall be duly registered and qualified to vote in municipal
elections of the City and of the State of Georgia.
SECTION III
There is hereby created the following offices in connection
with the conduct of elections in the City of Savannah Beach,
Tybee Island, Georgia, as well as the duties required of such
offices:
(a) Superintendent. The governing body of the City shall
appoint a municipal election superintendent who shall receive
such compensation as provided by the governing body of the City.
The superintendent shall exercise those powers and duties as set
forth in the Georgia Municipal Election Code.
(b) Poll Officers.
(1) Chief Manager. A chief manager for each election
district shall be appointed by the governing body of the City
for each election. The chief manager shall receive such com-
pensation as provided by the governing body and shall exercise
those powers, and duties as set forth in the Georgia Municipal
Election Code.
(2) Assistant Managers. Two assistant managers for
each election district shall be appointed by the governing
body of the City for each election. The assistant managers
shall receive such compensation as provided by the governing
body and shall exercise those powers and duties as set forth
in the Georgia Municipal Election Code.
(3) Clerks. Prior to the opening of the polls
in each district of each election the governing body of the
City shall appoint a sufficient number of clerks to serve at
such election. The clerks shall receive such compensation as
provided by the governing body and shall exercise those powers
and duties as set forth in the Georgia Municipal Election Code.
SECTION IV
The election superintendent is authorized to incur expenses
in the preparation and conduct of an election including the cost
of purchasing identification badges for poll officers, the printing
of ballots and voters certificates, and the purchasing of all
other supplies necessary for the conduct of an election. The
superintendent is further authorized to incur all necessary
expenses to provide voting booths for the proper conduct of all
elections.
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SECTION V
The area within the corporate limits of the City shall con-
stitute an election district within the City of Savannah Beach,
Tybee Island, Georgia. Those persons living within the desig-
nated election district shall vote at City Hall. The superin-
tendent shall cause all polling places to be provided with
sufficient light and heat.
SECTION VI
A person shall be eligible and qualified to vote in any
election of the City of Savannah Beach, Tybee Island, Georgia,
when he shall be: (1) a citizen of the State of Georgia and of
the United States; (2) at least eighteen (18) years of age;
(3) a resident of the State of Georgia for at least one (1)
year preceding the date of such election, a resident of Chatham
County for at least six (6) months next preceding the date of
such election, and a resident of the City of Savannah Beach,
Tybee Island, for at least ninety (90) days next preceding the
date of such election; (4) possessed of all other qualifications
prescribed by law; and (5) registered as an elector in the manner
prescribed by law both with the Board of Registrars of Chatham
County and with the Board of Registrars of Savannah Beach,
Tybee Island.
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SECTION VII
The City of Savannah Beach, Tybee Island, shall maintain
its own registration list and a resident of the City shall also
be registered with the Board of Registrars of Chatham County
before he registers with the City in order to vote in municipal
elections. A resident of the City who desires to vote in a
municipal election must apply to be registered as an elector
with the Board of Registrars of Savannah Beach, Tybee Island,
at least thirty (30) days prior to such election. The applicant
must appear in person before the registrar and must possess those
qualifications herein prescribed in order to qualify as an
elector of the municipality. The proceedure and form of
registration card shall conform to the provisions prescribed
by Georgia Code 34A -506.
SECTION VIII
Any elector of the municipality shall be allowed to challenge
the right of registration of any person whose name appears upon
the electors list or who is applying for registration with the
registrar. The elector making the challenge shall appear before
the registrar on or before the election day, and state the
grounds for the challenge in writing. The initial decision shall
be made forthwith by the registrar with a right of appeal to
the governing body of the City. If possible, the registrar will
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notify the challenged elector and provide him with an opportunity
to answer the challenge. If a registrar does not find probable
cause for sustaining the challenge, the challenged elector will
be given the right to vote or the right to be registered to vote.
If in doubt as to the merit of a challenge, the registrar shall
notify the chief manager in the challenged elector's election
district, and the challenged elector shall be allowed to cast
a challenged ballot.
SECTION IX
The governing body of the City shall appoint three regis-
trars one of whom shall be designated as chief registrar and who
shall be the chief administrative officer of the Board. The
registrars shall receive such compensation as provided by the
governing body and shall exercise those powers and duties and
shall be subject to such regulations as set forth in the Georgia
Municipal Election Code and any regulations established by the
governing authority. The registrar shall provide a list of
electors to the chief manager of each election district for
each election.
The registrars shall serve for a term of two (2) years and
until their successors are appointed and qualified, except in
the event of resignation or removal as hereinafter provided.
The governing authority shall have the right to remove one or more
of such registrars, at any time for cause after notice and
hearing. Any registrar shall have the right to resign at any
time by submitting a resignation to such governing authority.
In the event of any such removal or resignation of a registrar,
his duties and authority as such shall terminate instanter. In
case of the removal, death or resignation of a registrar, the
governing authority shall appoint a successor who shall serve
the unexpired term if such term is specified. Each such appoint-
ment or change in designation shall be entered on the minutes
of the governing authority.
SECTION X
Qualification of candidates for municipal office shall
begin at 9:00 o'clock a.m. on the 45th day before the general
election and shall close at 5:00 o'clock p.m. on the 30th day
before the general election, and shall begin at 9:00 o'clock a.m.
on the 30th day before a special election and close at 5:00
o'clock p.m. on the 10th day before such special election.
SECTION XI
A candidate seeking one of two or more public offices each
having the same title and to be filled at the same election by
the vote of the same electors shall not designate the specific
office he is seeking. The six (6) candidates for City Council
receiving the highest number of lawful votes cast shall be
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elected as the six (6) Councilmen of the "City of Savannah
Beach, Tybee Island."
SECTION XII
All elections held for the purpose of filling municipal
offices in the City of Savannah Beach, Tybee Island, shall be
non - partisan, and no political party shall conduct primaries
for the purpose of nominating candidates for such municipal
elections.
SECTION XIII
A candidate for municipal office shall be elected in a
general or special election by receiving a plurality of the
votes cast to fill such public office. The candidate for Mayor
receiving the highest number of lawful votes cast shall be
elected as Mayor of Savannah Beach, Tybee Island, Georgia.
SECTION XIV
In event of a tie vote in any election between two or more
candidates for any office, whether Mayor or Councilman, a new
election between only the candidates thus tied in number of
votes for the particular office shall be ordered held by the
Council of the City of Savannah Beach, Tybee Island, on the
fourteenth day after the holding of the first election in
accordance with the provisions of Section 34A -1407 of the Georgia
Municipal Election Code, and the person who shall receive the
highest number of votes cast in the second or run -off election,
shall be declared to have been duly elected to the office.
SECTION XV
All votes cast in every municipal election held in the City
of Savannah Beach, Tybee Island, whether such election be regular,
special, general or other shall be by secret ballot; but the
ballots or votes at any such municipal election may, at the option
of the Mayor and Council of the City of Savannah Beach, Tybee
Island, be cast, registered, recorded and counted by means of
voting machines meeting the requirements of voting machines
that are allowed to be used as provided by the provisions of the
Georgia Municipal Election Code.
SECTION XVI
Absentee ballots shall be used in all municipal elections.
The use of absentee ballots shall be governed by Chapter 34A -13
of the Georgia Municipal Election Code.
SECTION XVII
A contest case governed by the provisions of this Section
shall be determined in the county in which the City Hall is
located.
Any person who was a candidate in an election or any
aggrieved elector shall be permitted to contest the election
of any candidate upon any of the following grounds.
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(a) Malconduct, fraud or irregularity by any election
official sufficient to change or place in doubt the result.
(b) Ineligibility of the defendant for the office in
dispute.
(c) Illegal votes received, or legal votes rejected,
sufficient to change or place in doubt the result.
(d) An error in counting the votes or in declaring the
result of an election, if such error would change the result.
(e) Any other cause which shows that another was the
person legally elected.
A petition to contest the results of a general or special
election shall be filed with the City Clerk within five (5)
days after the results of an election are certified to the
governing body of the City. A hearing shall then be set before
the governing body. Written notice shall be given to all
affected candidates by the governing body of the City. The
notice shall state the time and place of the hearing and shall
contain a copy of the petition of contest. The hearing will
take place not more than ten (10) days nor less than five (5)
days after service of the notice upon the affected candidates.
The governing body shall have the authority to examine
the qualifications of electors concerning their right to vote,
order a recount of ballots, examine the registration lists and
perform such acts and conduct such examinations as may be deemed
necessary to determine the validity of a contest of an election.
The final determination of the governing body of the City
may be appealed to the Superior Court in the manner of appeal
from a Court of the Ordinary, except that such appeal shall be
made within ten (10) days after determination of the contest
by the Mayor and Council by issuance of an order so signifying.
SECTION XVIII
The municipality shall not require any qualification fee for
any individual offering as a candidate for Mayor or for Council-
man either in a general or special election of the municipality,
and shall publish such fact that no qualifying fee is required
together with the notice of the date of such municipal election.
SECTION XIX
The date of the general municipal election for 1970 shall
be Monday, April 6, 1970, and public notice of such election
date shall be published by the municipality in the Savannah
News -Press at least thirty (30) days prior to such election,
together with any other information required to be published
by the Georgia Municipal Election Code.
SECTION XX
All other ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Passed on First and Second Readings:
Meeting - February 18, 1970
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