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HomeMy Public PortalAbout19700218CCMeeting1 7 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 1 1 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 7�3 1 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 i 1 1 1 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. 1 1 1 1 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. N rn 1I r1 A 0 N rd 0 0) 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 1 1 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 1 1 1 1 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. 1 1 1 1 1 1 (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 1 1 1 ' L. „•. 71'r : :z . , " t7.; : •.' ...t_ ; • •.."' • • • )1:.: ' V : • .1*•.! r - • . • _ I:: 2 •■I 1