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Tybee Island, Georgia
May 14, 1980
The Tybee Island City Council met in special session
at 1:30 p.m. on Wednesday, May 14, 1980 at Tybee Island City Hall
for the purpose of hearing a petition by Christopher P. Solomon,
Mayoral candidate, contesting the results of the Municipal Election
of Monday, May 5, 1980. A copy of this petition, and of the notice
setting the date for hearing, accompanies these minutes and becomes
a part thereof.
Mayor M. J. Counihan presided and the following mem-
bers of the City Council were present: William C. Fleetwood, John
Owen, Edward Jung, Jerome Bettencourt and Nick C. Alexander. Mrs.
Karen Losey was not in attendance. City Attorney W. Lance Smith, III
was present and was assisted by attorney John Hendrix. In addition,
Judge Robert Cook, Elections Superintendent, all poll workers, and
the Board of Registrars were present.
Mayor Counihan opened the meeting and invited the
petitioner to speak. City Attorney Lance Smith requested that the
petitioner first name those people that he intended to call to witness.
Mr. Solomon named the following: Virginia Brown, President of the
Savannah League of Women Voters, Judge Cook, the poll workers, the
Board of Registrars, Police Chief John Price, Lieutenant McCutcher,
the City Clerk, Ms. Rimedio and Mrs. Daley of the City Hall staff,
and General William H. Kelly. After some discussion all of the above,
with the exception of the City Clerk, were sequestered in the offices
so that each could be called as needed and would not be influenced by
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previous testimony. Prior to leaving the meeting area, the entire
group of possible witnesses were sworn in, so that all resulting
testimony was given under oath.
The petitioner was invited to begin and called first
Ms. Angela Rimedio, of whom he asked one question: How many people
registered to vote in the election? Ms. Rimedio answered that since
the books opened after the last election approximately 200 to 300
people had probably registered. Mr. Solomon then asked the question
of the City Clerk who answered that personally she had registered
only two or three people, as she only performed this function when
the office is short - staffed. Mr. Solomon then called Mrs. Rose E.
Daley and asked how many people she had registered prior to the
election. Mrs. Daley replied that she did not know. Mr. Solomon
then asked if the number would be more than ten and Mrs. Daley answered
yes. He asked if the number would be more than fifty, and Mrs. Daley
replied that she didn't know, as she did not count the cards.
Mr. Solomon then stated that he had signed statements
from two people (Isaiah Williams and Donna Retzovitch) who had registered
to vote and whose names did not appear on the list. The City Attorney
objected to these written statements being entered as evidence unless
the parties named appeared before the Council because he could not
cross examine unless they appeared personally.
Mr. Solomon then stated that, in his opinion, the
registration list contains many illegally registered voters because
the City Charter makes no provision for deputy registrars.
Mrs. Virginia Brown, President of the Savannah League
of Women Voters, then appeared, called by Mr. Solomon. Mrs. Brown
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read a statement concerning the observations made by representatives
of her organization on the day of the election. A copy of this state-
ment is attached to, and becomes a part of, these minutes. The City
Attorney then cross - examined the witness and challenged her claim to
bipartisan objectivity.
Mr. Solomon then asked that Judge Cook and the regis-
trars be called. Mr. James Fabrikant, Sr., Mrs. Louise Shaw, and Mrs.
Catherine Anderson accompanied Judge Cook. Mr. Solomon first asked
Judge Cook specifically about the following voters: Mrs. Marion Dean,
Gertrude Gavin, and Eugene Foley. The question of the legality of
the votes of the latter two were answered by Judge Cook by referring
to his records of the election. He showed that these both involved
simple clerical errors, one a probable spelling error and the other a
mistake in the copying of the name by the poll worker. He stated that
both were honest clerical errors and that neither person voted illegally.
Mrs. Marion Dean's name was referred to the Chief Registrar, Mr. James
Fabrikant, Sr., who explained that Mrs. Dean completed her registration
card prior to the closing of the list, but that she was added to the
list after April 7th because she had been out of town on a visit and
the registrars wished to contact her personally before allowing her
name to be added to the list. He further stated that the Georgia Code
allows the registrars to add names even on the date of the election, if
the voter can prove to the registrars' satisfaction that they are
legally qualified to vote and their name had been omitted through some
human error. He further stated that the registrars, after a complete
investigation, believe Mrs. Dean to be qualified as a resident, and
therefore her name was added to the registration list.
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While Mr. Fabrikant was present the City Attorney
asked him to explain what he knew of the two persons (Isaiah Williams
and Donna Retzovitch) who claimed they had registered but were not on
the list. Mr. Fabrikant stated that the registrars have searched their
records and their files and are able to find no record of such persons
ever having registered. When asked about General Kelly's statement
that two of his daughters also registered and their names do not appear
on the list, Mr. Fabrikant explained that the two girls did try to
register on an election day and were told that the law did not allow
this, and were asked to return another time. He stated that if the
girls had registered at the time General Kelly believes they did,
their names should have appeared on the list two years ago, but are
not on the 1978 list either. He further stated that he called the
county registrars office and asked them to check their records - one
of the girls did vote at Tybee Island City Hall in another election,
and her name does appear on the County registration list. He is of
the opinion that the girls, having registered at the county, believed
themselves to be on the municipal list.
The City Attorney then asked Judge Cook, Elections
Superintendent,if he had been told, on the day of the election, that
the League of Women Voters were present as poll watchers for Chris
Solomon. Judge Cook answered that such a statement was made, not by
Ms. Brown, but by her companion, Ms. Jill Thornton. Mr. Smith then
asked if Ms. Thornton was available to testify, and was told that she
was not present.
Chris Solomon then called General William H. Kelly
who testified that he attempted to get absentee ballots for two of
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his daughters on the Thursday prior to the election and that he had
been informed by the City Clerk that the girls' names did not appear
on the voters list. He continued to state that both girls had register-
ed and that it is his belief that their registration cards had been
lost or misplaced by the deputy registrars. He further stated that he
does not feel he is legally qualified to vote because he does not be-
lieve that deputy registrars are legal according to the city charter.
Lance Smith stated that the city charter has incorporated the Georgia
Election Code, and that Code includes provision for deputy registrars;
therefore deputy registrars, having been sworn in for this purpose,
and also being sworn as Notary Publics, are qualified to perform the
clerical act of receiving an application for registration. He further
stated that each card is then reviewed by the Board of Registrars and
is approved or disapproved by their signatures only.
No further witnesses were called by the petitioner;
City Attorney Smith called Chief John J. Price. He asked the Chief
if he had been present at the polls on election day. Chief Price
answered that he, and Lieutenant McCutchen were present at the request
of the Superintendent of Elections, Judge Robert Cook. He stated that
their purpose was to be available if needed and that neither he nor
the Lieutenant made any attempt to interfere with the rights of any
voter. He stated that they stood in the hall, or out in front of the
building, and that he, personally,spent some time in the clerk's office
where he received and made necessary telephone calls during the day.
Councilman Fleetwood then stated that, in his opinion,
no evidence had been forthcoming which could affect or cast in doubt
the outcome of the election, and he therefore moved that the petition
be denied. Councilman Owen seconded. During discussion, Councilman
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Bettencourt stated that he is personally certain that the Mayor re-
ceived the majority of the votes in a fair and legal election. There
being no further discussion, the motion to deny was unanimously carried.
Mayor Counihan then called a thirty minute recess, and
announced that at the end of the recess Council would reconvene for
the regular business meeting.
At 3:30 p.m., following the thirty- minute recess, the
Tybee Island City Council re- convened for its regular business session.
Mayor Counihan began the meeting by asking if there were persons in
the audience who wished to speak to the Council. Mr. Sam Porter and
Mr. John Bragg asked to speak concerning a request for a business li-
cense to operate a skate rental business. Mr. Porter stated that, if
a license was allowed, his firm promises to support all civic groups,
church groups, youth groups, and clubs such as the Optimists Club by
loaning skates free for their activities. Other special groups will
be offered special group rates for skate rental. He stated that his
firm is very willing to restrict skaters to certain areas of the island
and to have cards printed giving directions as to where skating will
be allowed. He further stated that this business is operating in the
City of Savannah without safety problems. He stated that he and Mr.
Bragg are considering rental of a building on First Street, if the
license is granted. He believes that skate rentals are similar to
bicycle rentals and would operate under the same principles without
the city being liable for accidents. This question was asked of the
City Attorney who agreed that rentals of skates would be covered by
the same ordinances as bicycle rentals. He believes that any res-
trictions imposed by Council could be incorporated into the license,
and that the hours in which rentals could be made could also be specified.
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Jack Owen remarked that the sidewalks, if used by
skaters, might not be safe for the elderly. Mr. Porter replied
that skaters are bound by pedestrian laws, and that the cards issued
to each renter would include such warnings as the Council feels are
necessary to ensure the safety of all.
Councilman Fleetwood, Finance Chairman, with the con-
currence of Council, stated that the license will be granted. Mr.
Porter was instructed to provide samples of the printed rules and
warnings that he plans to issue to renters, and that also some res-
trictions as to hours of operation and areas for skating will be in-
corporated into the license.
Minutes of the meeting of April 9, 1980 were approved
as written.
Bills of the various departments were approved for
payment as follows: Fire Department - $798.24, General Government -
$3,969.66, Water Department - $2,112.53, Sewer Department - $5,376.34,
Parking Meter Department - $93.52, Police Department - $4,991.75,
Ceramics Department - $180.25, Recreation (various) - $566.07,
Sanitation Department - $2,354.44, Public Works - $5,819.57, Other
Expenses - $4,390.69, and Capital Outlay - $4,041.80.
Mayor Counihan then asked the Clerk to make a report
on the progress of extending the North Beach Parking Lot. The Clerk
reported that an application for a permit had been made and that a
hearing before the Coastal Committee was held in Brunswick on May 13th.
No decision was made at that time and the committee will make an on-
site inspection on May 23rd, after which the Coastal Committee will
meet at the Tybee Island City Hall to decide whether or not to grant
a permit for this purpose.
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Under Communications, the Clerk read a letter to
Councilman Bettencourt from the Savannah Transit Authority on the
subject of additional bus service to Tybee Island during the summer
months. This was accepted as information. Councilman Fleetwood
then commented that a letter had been received from a grammar school
class suggesting that a groin be constructed out of used rubber tires
to help retard erosion of the beaches. The school children were
commended for their interest and the Clerk was instructed to reply
to their communication.
The First. Reading of an amendment providing square
footage necessary for multi -unit developments was introduced. A
copy of this ordinance is attached to, and becomes a part of, these
minutes. After the reading Councilman Jung moved its acceptance,
Councilman Owen seconded and it was unanimously carried. Second
reading is scheduled for the next regular meeting. ,
Mr. Bruce Howe, attorney.representing Ratchford and
Moore, petitioners, then presented to Council an amended petition
for Lots 3 & 4 of Oceanview Subdivision. This petition, originally
heard in December, 1979 and tabled by Council at that time, has been
amended to request a Planned Unit Development rather than the original
request for Residential- Tourist Zoning. City Attorney Lance Smith
read an excerpt from the minutes of the Planning Commission which
recommended approval of this request. Councilman Fleetwood stated
that this land is a portion of the old golf course property, and that
the three -acre area of which these lots are a part, are all zoned
Residential - One. He prefers that no petition for zoning change be
granted though he believes that he may be ineligible to vote because
he is a property owner in the immediate area.
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With special permission from Mayor Counihan, Mr. J.T.
McCusker, owner of the lots in question, spoke in favor of granting
the PUD. Councilman Alexander stated that he personally feels Council-
man Fleetwood should declare himself ineligible to vote on this issue.
After further discussion, Councilman Alexander moved that, in accordance
with the recommendation of the Planning Commission, the petition for
PUD be granted; Councilman Jung seconded. During discussion Councilman
Bettencourt asked for the names of the members of the Planning Commission
who were present when the petition was presented - the Clerk read this
list of names for the information of the Council, and Mrs. McDonald,
chairman of the Planning Commission, explained the Commission's position.
Councilman Owen then asked if water and sewer service is available in
that area, and Earl Anderson, Zoning Administrator, stated that this
will be the responsibility of the developer. Councilman Jung then
amended the motion to add a statement to the effect that the water and
sewer must be the responsibility of the developer. The amendment,
a -4 a$
and the motion, carried unanimously. Councilman Fleetwood
The following resolution was then read:
WHEREAS, PAUL C. HERNANDEZ, A RESIDENT OF THE CITY OF TYBEE ISLAND,
GEORGIA, IS THE OWNER OF LOTS 10, 11, 12, 13, 14 and 15, BLOCK 3,
BAY WARD, TYBEE ISLAND, BEING IDENTIFIED AS PIN 4 -22 -02 -002, WITHIN
THE LIMITS OF THE CITY OF TYBEE ISLAND, GEORGIA; AND
WHEREAS, SAID CITY IS,THE OWNER OF AN ABANDONED RAILROAD RIGHT -OF -WAY
WHICH ABUTS THE ABOVE DESCRIBED PROPERTY OF THE SAID PAUL C. HERNANDEZ
TO THE SOUTH; AND
WHEREAS, THE CITY HAS NO USE FOR SAID PROPERTY AND THE SAID PAUL C.
HERNANDEZ HAS HERETOFORE PETITIONED FOR A CONVEYANCE OF FORTY (40)
FEET OF SAID RIGHT -OF -WAY WHICH ABUTS HIS PROPERTY;
NOW THEREFORE BE IT RESOLVED THAT THE PETITION OF PAUL C. HERNANDEZ IS
APPROVED AND ACTED UPON FAVORABLY AND THE MAYOR AND COUNCILMEN OF THE
CITY OF TYBEE ISLAND ARE HEREBY AUTHORIZED TO EXECUTE, AND THE CLERK IS
AUTHORIZED TO ATTEST, A QUITCLAIM DEED CONVEYING TO THE SAID PAUL C.
HERNANDEZ FORTY (40) FEET OF SAID RIGHT -OF -WAY WHICH ABUTS LOTS 10, 11,
12, 13, 14 and 15, BLOCK 3, BAY WARD, CITY OF TYBEE ISLAND, GEORGIA,
PIN 4 -22 -02 -002.
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After a brief discussion, Councilman Alexander moved
that the quit claim be granted and Councilman Bettencourt seconded.
The vote was four in favor and none against. Councilman Fleetwood
abstained.
There being no further business, the meeting was
adjourned.
AgELLAA.A...6.
LERK OF COUiiLAI-IR
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T eti t on to c:7.n=: r_ �u
To the City Clerk,
Contest ,t of Election
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muni ci n 1 c?. ; c'„_.i. May C, 1930.
1 hereby c-:nt.eot the results of said election and request a herinL;
before the gobornin,r. body. I contest on the follow in grounds:
conce :•ning gathering of department heads
and city erscnel at ;_h., elec.`-'on polls.
Violations of c. vil ri °hts of electors and irregularities of voters
rori -ti Lion.
''Ya] coniuct of ?ublic official inside City Hall election
Illegal vote recicved.
PHYLLIS L. CARY
CITY TREASURER
ROWENA B. FRIPP
CLERK OF COUNCIL
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W LANCE SMITH, III
RECORDER AND
CITY ATTORNEY
PHONE 786 -4573
M. J. COUNIHAN, MAYOR
CITY OF TYBEE ISLAND
Executive Offices — City Hall
P. O. Box 128
TYBEE ISLAND, GA. 31328
May 8, 1980
Christopher P. Solomon, Petitioner
#1 Miller Avenue
Tybee Island, Georgia 31328
Dear Sir:
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COUNCILMEN
JEROME BETTENCOURT
EDWARD JUNG
WILLIAM FLEETWOOD
NICK C. ALEXANDER
KAREN LOSEY
JOHN J. OWEN
In response to the petition received by me this date, in which
you as petitioner contested the municipal election held at Tybee
Island on May 5, 1980, please be informed that in accordance with
the Election Code of Georgia and the Tybee Island City Charter
(Section 35 -3) a hearing will be held before the City Council at
1:30 p.m. on Wednesday, May 14, 1980 in the Council Chambers at the
Tybee Island City Hall.
You are respectfully requested to attend.
Thank you.
Sin erely,
Rowena B. Fripp
Clerk of Council
A4-R'
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MUNICIPAL ELECTION
CITY OF TYBEE ISLAND, GEORGIA
May 5, 1980
The League of Women Voters of Savannah - Chatham acting as poll
watchers in this election expects to monitor the activities described
below according to the HANDBOOK FOR GEORGIA MUNICIPAL ELECTION OFFICIALS
CONTAINING PROVISION OF THE GEORGIA MUNICIPAL ELECTION CODE AS AMENDED
THROUGH REGULAR SESSION 1979.
1. Examine voting machines.
a. Compare numbers on voting machine and key envelope.
b. Examine every counter to see that it registers zero.
c. Inspect the ballot labels.
2. Monitor balloting.
a. Except if an elector requests assistance from another elector
who is not a poll officer, or from a relative, no more than
one person shall be in a voting booth at a time.
b. All persons except those authorized shall remain outside
the enclosed space.
3. Monitor campaigning within 250 feet of poll.
a. No soliciting for votes by any means.
b. No printed matter posted except that designating the cut-
off point of 250 feet.
4. Monitor closing of poll.
a. Examine counters on voting coaching.
b. Compare the numbers registered on the counters with those
numbers recorded on official lists of returns.
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LEAGUE OF. w0 ;VEN VOTERS OF SAVANNAH • CHATHAM
221 EAST YCG'K STREET
SAVANNAH, GEORGIA 31401
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The League of Women Voters
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321 E. York St.
Savannah, Georgia 31401
of Savannah-Chatham May 7, 1980
Enclosed is the list of criteria which guided the monitoring by
the League of Women Voters of the Tybee City elections, May 5, 1980.
Regarding numbers 1 and 4 of that list:
MACHINE SEAL PROTECTIVE PUBLIC
NUMBER NUMBER COUNTER NO. COUNTER NO.
OPEN POLL 73438 35292 012263
CLOSE POLL " B -42197 012678 li
VOTE CAST " 415 415
OPEN POLL 73439 35291 018202
CLOSE POLL to B -42196 018623 421
VOTE CAST "
OPEN POLL 73437 35290 012985
CLOSE POLL " B -42198 013034 4c
VOTE CAST " 49 49
421 421
VOTE CAST, TOTAL
885 885
League failed to fulfill 4b of the criteria list, so it has no
recapitulation record to reconcile the number of votes as shown on
the machines with the number of names on the List of Voters.
Regarding number 2 on the list of monitoring criteria:
League could see no irregular condition inside
the "enclosed space" which required the presence of a
uniformed officer to circle the space for several mi-
nutes twice during the course of the voting.
Regarding number 3 on the list:
Candidate Counihan was in the building housing the poll
early and late in the elections day and several times during the day.
The candidate loitered within the 250 feet area in which campaigning
was to be prohibited. The League feels the candidate - failed o ob-
serve the intent of the Georgia Election Code. League feels the
May 5, 1980 Elections, Tybee, GA, p. 2
intent of the code is to prevent in the immediate area of the polls
any activity which might be interpreted as campaigning.
Candidate Solomon used a megaphone to project his voice to be
heard within the 250 feet space wherein campaign activities are pro-
hibited. This, too, League finds objectionable.
Tybee police officers milled about just outside the doors of
the polling place throughout the day, at one time blocking easy
access to the inside of the building. It would have been more ap-
propriate, League feels, for the officers to have stationed them-
selves outside the immediate area. Some voters may have felt in-
timidated by the presence of the officers at the entrance.
Virginia Brown, President
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