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Savannah Beach, Georgia
January 14, 1970
Special Meeting
A special meeting of Council was held today at 7:00 P.M. in the
Council Room, called by the Mayor for the purpose of:
(1) Adopting a Resolution requesting the members of the General
Assembly from Chatham County to give favorable consideration
to the proposed Municipal Charter for the City of Savannah
Beach, Tybee Island, Georgia.
(2) To consider the problem of the traffic congestion at Butler
Avenue and Sixteenth Street and to seek some method of
resolving it.
Councilmen present were Jack Daniels, Edward Jung, Robert Cary,
Dr. C. Louis Hohenstein, Milledge Jones, George Schwarz and
Attorney, Bart Shea.
Discussion on the proposed resolution on the Charter was delayed
until the arrival of the City Attorney, Bart Shea.
Councilman Daniels stated that, due to.his absence from the City,
he was not present at the last Council meeting when certain action
was taken in regard to the flow of traffic in the Butler Avenue and
Sixteenth Street area. He said that he felt we snuld look into
this situation carefully and try to arrive at some harmonious
solution. Mr. Daniels, stated further, that this problem had
been discussed many times in the past and nothing definite and
concrete had ever been decided or agreed upon,and in view of
this, he would like to make a motion in the form of a substitute
to the whole on this traffic flow situation. He then moved that
the Mayor be instructed by Council to appoint a committee of three':-caun-
cOman and four interested business persons in the area concerned;
and that these seven people meet and come up with a solution that
they would recommend within the next 45 days and submit in writing
to the Mayor their recommendation_ in reference to this problem_.
for Council's consideration, Councilman Schwarz requested that
the motion be ruled out of order on the grounds that, at the
last Council meeting.we.said that something would definitely
be done, and if we keep putting it off, it will never be done.
He stated further, that a meeting was supposed to have been
held previous to December 3lst.and that this meeting was never
held.
The oity attorney was asked for a.ruling to .settle the question
on parliamentary procedure. Attorney Shea ruled- that since the
action of the previous motion had not been carried out,and also
since the substitute motion was in the nature of a replacement
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of all previous original motions on any subject, whether acted
upon or not, as long as there has been no conclusion, it was,
therefore, his opinion that the substitute to the whole motion
made by Councilman Daniels was in order and did cut off debate.
With respect to Councilman Schwarz' objection that the new motion
was out of order, he stated that Councilman Daniels motion was
not out of order if it had not been acted upon previously to a
point of conclusion, where some action has been taken by Council,
regardless of what the minutes say should have been done, when
something has not been done as a metter of fact.
Councilman Hohenstein interjected the thought that since this
matter is so important to the community and to the business man
that it requires study. He felt that it wasn't something we
should jump into-right away because it was serious to these busi-
ness people arid'regUl es observation from every angle. A call
for the question was made and Mayor Counihan asked for the vote.
The vote was 3 in favor of the motion, 2 against the motion and
Councilman Cary abstaining. The motion carried.
The following councilmen were appointed to the Committee: Council-
men Schwarz, Jung and Daniels. The Mayor asked Councilman Jung
to set up the meeting and said that he would like to present as
an ex- officio member.
City Attorney Shea stated that at the request of Representative
Arthur Funk, he had prepared a Resolution for presentation to the
Chatham County members of the General Assembly which he read as
follows:
RESOLUTION
WHEREAS, the various acts creating and amending the Charter
of the Town of Savannah Beach, Tybee Island, originally incorpo-
rated in 1887 and subsequently amended in 1888, 1890, 1902, 1927
1929, 1931, 1937, 1941, 1943, 1945, 1946, 1947, 1949 and 1960 have
resulted in a charter document without continuity, includes many
provisions which are antiquated and as a result is in dire need
of complete revision, consolidation and updating; and
WHEREAS, the municipality is currently in the process of
having all of its ordinances codified by the Municipal Code Corpo-
ration of Tallahassee, Florida, and it is their recommendation
that the Charter be omitted from the Code until such time as a
new City Charter can be enacted by the General Assembly of the
State of Georgia; and
WHEREAS, the Georgia Municipal Corporation Code, enacted at
the 1968 session, and amended during the 1969 session,of the Gene
r.al Assembly, completely revises all of the laws pertaining to
elections conducted by a municipality, and it is therefore manda-
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tory that the City of Savannah Beach, Tybee Island revise its•
Charter so as to conform to the procedures set forth within
said act for municipal elections; and
WHEREAS, the mayor and councilmen of the. Town of Savannah
Beach, Tybee Island, feel that it would be to the best advantage
of the municipality and all of the citizens therein if a new
City Carter were enacted by the local delegation from Chatham
County at the 1970 session of the General Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED, that the mayor and six
councilmen of the Town of Savannah Beach, Tybee Island, in
special session duly assembled on the 14th day of January,
1970, do hereby request that the members of the General Assem -,
bly from Chatham County, give favorable consideration; to -tie
proposed Municipal Charter for the City of Savannah - Beach,
Tybee Island, copy of which has originally been'preseated to
each of such legislators, and enact such proposed measure into
law during the current 1970 session of the Georgia General
Assembly.
BE IT FURTHER RESOLVED, that a copy of this resolution
be forwarded to each of the members of the General Assembly
from Chatham County, the House of Representatives and the
State Senate.
This 14th day of January, 1970.
Attests
E. M. Patterson
City Council
Michael J. Counihan
Mayor
Edward Jung-
Councilman
Jack H. Daniels
Councilman
Robert F. Cary
Councilman
Milledge C. Jones
Councilman
C. Louis Hohenstein
Councilman
George F. Schwarz
Councilman
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Councilman Cary moved- the- adoption of-this-Resolution: It; was '
seconded by Councilman Jones and unanimously carried.
There being no further business, the meeting was adjourned, subject
to call of the Mayor.
Clerk of Council
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