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HomeMy Public PortalAbout19760930SCMeeting1 Savannah Beach, Georgia September 30, 1976 A Special Called Meeting of City Council was held this evening pursuant to Section 16 -17, Paragraph B, of the Code of Ordinances of the City of Savannah Beach, Georgia for the purpose of hearing the grounds upon which a petition was filed by Mr. Earl R. Anderson to contest the results of the Special Election of September 13, 1976. The Council would have to make a determination as to the validity of Mr. Anderson's contest. The hearing was presided over by Mayor M. J. Counihan and a quorum consisting of the following Councilmen was present: Edward Fahey, Fred de Borde, Jerome Bettencourt, Karen Losey and William C. Fleetwood. Mr. Nick Alexander was present but requested that his vote not be counted due to his involvement, in the matter being presented. City Attorney Lance Smith was also present. The City Clerk read the Certification of the results of the Special Election of September 13, 1976 signed by the Chatham County Board of Elections. The Mayor requested that this be made a part of the record. Upon the appearance of Mr. Earl Anderson he requested that it be made a part of the record that he was not questioning the conduct or the results of the election. but that he was representing the citizens who were questioning the elgibility of the candidate: At this time Mr. Anderson presented Council with his temporary resignation as Zoning Administrator due to the fact that he was making this challenge and to keep any obligation from the Mayor and Council. Mr. Anderson stated that the question in the challenge is whether Mr. Nick Alexander is a resident of Savannah Beach or not. He continued by stating that Mr. Alexander and his wife are legally married and reside at 1308 Center Street, Thunder- bolt, Georgia. The telephone, utilities and taxes on the same address are all listed in the name of Mr. Nick Alexander. When he registered to vote he gave the address of 13092 Butler Avenue, Savannah Beach as his place of residence which is the address of the Breakfast Club, not a residence. At the time he qualified to run for Councilman for. the September 13th Election, Mr. Alexander gave #6 15th Court, Savannah Beach as his address. Mr. Anderson stated that there is no such Court in the records of City Hall. Mr. Anderson went on to say that the Homestead Exemption on the house at 1308 Center Street, Thunderbolt, Georgia is also listed in the name of Nick C. Alexander. 1 1 1 -2- Mr. Anderson then read a portion of the May 1976 and August 1976 Minutes of the Savannah Beach City Council showing the comparison between the present challenge and the contest of Mr. William S. Lovell on the decision of the Savannah Beach Board of Registrars on his eligibility to vote. The Registrars decision was based on the fact that Mr. Lovell filed Homestead Exemption on his house in Savannah, not his house in Savannah Beach. Mr. Anderson went on to read a letter from Mr. James L. Fabrikant, Chief Registrar, dated September 7, 1976, stating that Mr. William S. Lovell had officially registered to vote in Savannah and that he no longer wanted to be a citizen of Savannah Beach. At this time Mr. Anderson read excerpts from the Savannah Morning News dated September 20, 1976 in which several members of Council answered questions concerning the results of the upcoming challenge. Mr. Anderson questioned how the Council could have made a decision before hearing his case. He asks Council to judge his challenge fairly and impartially. Mr. James L. Fabrikant, Chief Registrar for the Savannah Beach Board of Registrars appeared before Council explaining the steps that were taken by the Board to arrive at the decision that Mr. Nick Alexander was a resident of Savannah Beach and a qualified voter. He stated he had a meeting with Mr. Ed Patterson, City Clerk of Savannah Beach, who stated that inorder to be qualified to run for office Mr. Alexander had to swear under oath that he was a legal resident of Savannah Beach. Mr. Fabrikant stated that he had found a section in the Georgia Election Code which seemed to prove Nick's case. The section read as follows: Section 34 -632 (g): "If a man has his family living in one place and he does business in another, the former shall be considered his residence, but when a man has taken up his abode at any place with the intention of remaining there, and his family refuses to reside with him, then such place shall be considered his residence; a married woman not living in a household with her husband may est- blish a separate voting residence from that of her husband;" Mr. Fabrikant stated that on Registrars had a meeting with Mr. this meeting that they determined refused to live on Savannah Beach Mr. Alexander then signed a sworn March 17, 1976 the Board of Nick Alexander. It was during that Mr. Alexander's wife with him due to poor health. statement verifying same. 0 U Councilman de Borde stated that he had talked with Mr. Fabrikant concerning Mr. Lovell and Mr. Alexander's eligibility and confirmed that Mr. Fabrikant had told him the same thing he had just told Council. Councilman Fleetwood wanted to stress to Council that this could open the door to many non- residents asking to be eligible to vote at Savannah Beach. He then asked Nick Alexander how long he had been voting at Savannah Beach to which Nick replied 30 years. Councilman Bettencourt next asked Mr. Alexander if he had ever been registered to vote anywhere. else. Mr. Alexander re- plied that he had voted elsewhere when he was in the service. Councilperson Losey reminded Council that Mr. Alexander's eligibility was discussed at a meeting prior to the election. City Attorney W. Lance Smith read Section 22 of the City of Savannah Beach Charter listing the requirements for qual- ifying for the office of councilman. 1. The candidate must be at least twenty -five (25) years of age and shall have resided in the City for a period of two (2) years. 2. That the candidate be duly registered and qualified to vote in Municipal elections. Mr. Smith thus proceeded to show that the Board of Registrars had proven Mr. Alexander's right to vote, which qualified him to be a candidate for the office of councilman. Mr. Smith further stated that Section 26 of the Charter states that: Any elector of the municipality may challenge on or before Election day the right of a person to vote. Mr. Smith went on further to say that Mr. Fabrikant re- ceived no such challenge on Mr. Alexander's eligibility. And that in view of the charter on eligibility and Section. 26 which he had read that the forgone conclusion is that Mr. Alexander is duly registered and qualified to vote. Mr. Smith said that the real issue which Mr. Anderson raised was if Mr. Alexander has resided here and is he a resident. Mr. Smith asked Mr. Alexander if he considered himself a resident of Savannah Beach prior to September 23, 1972. Mr. Alexander replied yes. Mr. Smith also asked Mr. Alexander if his status as a resident has changed since then. Mr. Alexander replied no. 1 Mr. Smith continued by stating that Mr. Alexander's eligibility to vote was challenged in September of 1972 and Judge McMillian of the Superior Court ruled that he was eligible to vote. Nick Alexander than stated he would like to abstain from voting. This was accepted. A motion was made by Councilman Bettencourt to rule the Special Election of September 13, 1976 as valid. The motion was seconded by Councilman DeBorde and unanimously carried. There being no further business the meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL MAYOR 1 September 30, 1976 Mayor and Council City Hall Savannah Beach, Georgia Due to my challenge before your body this date with reference to Mr. N. C. Alexander's eligibility in the September 13, 19 76, election; I must hereby resign my position as Zoning Administrator. I hope that I may in the future again serve the council and citizens of Savannah Beach OfziiIMMorAililly.. Yours respectfully,