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Tony's Bethany Beach Newsletter
 September 21, 2009

 
       
I. New Council Members Take Oath of Office  
  Jerry Dorfman, Joe Healy & Carol Olmstead were sworn in by a Town Alderman.
       
II. Pledge of Allegiance    
       
III. Appreciation Expressed to Former Council Member  
  Appreciation was expressed for the many years of service given by Dr. J. Robert Parsons, who did not seek re-election this year.  
       
IV. Approval of Agenda and Ground Rules  
  There was no public comment during this meeting.  
  The ground rules for the election process were presented.
  The agenda and ground rules were approved by Council.
   
  Ground Rules:
  A.  Any person ineligible or not desiring to serve in any of the three offices shall so state before agenda item VI.
  B.  We will not have discussion of the qualifications of any council member for any office.  Council members should do any needed preparation in advance of the meeting
  C.  The voting process will be that any Council member can nominate any eligible council member for an officer role.  A second is not required.  Each council member then votes by writing the name of the person for whom they vote on a piece of paper, placing their signature on the paper and handing same to the Town Manager, who will read each vote and the name of the person, who cast the vote as well as the office and name of the person he/she is voting for.
  D.  The vote for the person to fill the Mayor’s role will be first followed by a vote for the Vice Mayor and then the Secretary / Treasurer. 
  E.  At this time I would ask Council members to review Chapter 6.2.5 as provided with this agenda and I also request that a motion be made and a vote taken regarding the method we shall follow today, if such action is necessary.

In the event no Council person has a majority of the votes (four votes if all members are present), there will be a second vote in which only the two individuals, who received the most votes in the first vote will be candidates.  If there is still no majority, refer to the Town Charter, Chapter 6.2.5.  (Choice by lot), we must revert to selection by “lot”.  The following three methods have been suggested in the past with option one (1) having been the method of choice.

1.  The office shall be filled by lot from all eligible, nominated candidates.

2.  The office shall be filled by lot from all eligible council members, who have not declined to serve.

3.  The office shall be filled by lot from all eligible council members.

The Mayor, Tony McClenny, suggested the Council use method one (1).  A motion was made, seconded and passed to follow this option, if needed.
   
V.
 		 Summary and any discussion or clarification of the responsibilities of the Secretary/Treasurer, Vice-Mayor and Mayor.
 

6.2 Officers.
The seven members of the Town Council shall be elective. All other officers shall be appointed offices, such appointment to be made by the Town Council, as provided in § 7 of this Charter. At the organizational meeting, the Town Council members shall elect from among their own members the following officers each and all of whom must be residents of the Town. If, during their term of office, any of these officers shall cease to be a resident of the Town, they shall ipso facto be deemed to have vacated their position as an officer of the Town Council, but shall not be deemed to have vacated their seat on the Town Council unless they also disqualify by virtue of those provisions of this Charter governing qualifications for Town Council. Each of the following officers of the Town Council shall serve in that position for a term of one year or until the organizational meeting after the next succeeding election:

6.2.1 Mayor. The presiding officer of the Town Council shall have the title of “Mayor”. It shall be the duty of the Mayor to preside at all meetings of the Town Council, to serve as the head of the Town government for all ceremonial purposes or for purposes of military law; to appoint committees, subject to council confirmation, and to perform such other duties as may be prescribed by any ordinance or resolution adopted by the Town Council. The Mayor shall have the same right as other Council members to vote on all matters and may at any time appoint another Council member to preside if he desires to  make a motion, move the adoption of a resolution, second either, or debate any question from the floor, and may thereafter immediately resume his duties as presiding officer. For purposes of establishing a majority vote or quorum, the Mayor shall be counted as a member of Council.

The Mayor shall be authorized to act on behalf of the Town, without prior Council approval, in the event of some sudden emergency requiring prompt action in order to protect the public health, safety, and welfare of the Town, its residents and property owners. A “sudden emergency” for purposes of this section shall include, by way of example and not in limitation, a major fire or conflagration, significant flooding, or serious storm threatening significant damage, a civil disturbance, or a toxic spill. A “sudden emergency” shall also include any emergency situation as declared by any County, State, or federal agency having jurisdiction over the Town where the scope of the emergency so declared includes the Town of Bethany Beach. If reasonably possible, the Mayor shall notify each Council member, in writing, of the action so taken within 48 hours. Notice shall be complete upon depositing such notice in the U.S. Mail, proper postage affixed, to each Council member at his or her last known address. Any action taken by the Mayor under the powers vested in him under this section shall be as good as the act of the entire Council, provided that the Council may at a regular or special meeting held within 15 days of the Mayor’s action, cancel the further implementation of any such action not yet completed and notify any persons or legal entities affected.

6.2.2 Vice Mayor. The Vice-Mayor shall act as Mayor during the absence or disability of the Mayor, and shall perform such other duties as may be assigned to him by the Mayor or by ordinance or resolution adopted by the Town Council.

6.2.3 Secretary-Treasurer. The Secretary-Treasurer shall have general supervision of the Town’s records, documents, funds, and resources. The Secretary-Treasurer shall cause to be kept a true and faithful record of the proceedings of the Town Council. The Town Council shall cause the preparation of an annual report of the financial condition of the Town showing its receipts and expenditures which report shall be prepared by such skilled accountants or auditors as the Town Council shall, by resolution select. Such annual report, once accepted by the Town Council, shall be open to the inspection of any bona fide resident or freeholder of property in the Town. The Secretary-Treasurer shall give such bond as shall be determined and approved by the Town Council. The Secretary-Treasurer shall also have such other duties as directed by ordinance or resolution of the Town Council.

6.2.5 Choice by Lot In Event of Deadlock. In the event the Town Council is unable to elect from among their qualified members a Mayor, Vice-Mayor, or Secretary-Treasurer, such office shall be filled by “lot” from among them.
   
VI.
 		 Nominations and Selection by the Council of the Persons to Fill Responsibilities of the Secretary/Treasurer, Vice-Mayor and Mayor
   
  Tony McClenny was elected as Mayor
Carol Olmstead was elected as Vice-Mayor
Jack Gordon was elected as Secretary/Treasurer
   
VII. Review and Discussion Regarding Committee Guidelines and Standing Committees
       
VIII. Committee Chair Appointments    
 

The following committee chairpersons were appointed by the Mayor and assume their positions as of October 1, 2009.  These appointments expire on September 17, 2010.

Committee Chairpersons are asked to provide committee member recommendations to the Mayor on or before October 6, 2009 in order that they may presented to the Town Council for approval during the October 16, 2009 Town Council meeting.

Ad Hoc Committee to determine barriers
in the zoning code to rehabilitate or repair older homes.		 Dan Costello

 		 Approved

 
     
Ad Hoc Committee Recycling                Jerry Dorfman Approved
     
Audit                                                    Don Doyle Approved
     
Budget and Finance                              Jack Gordon Approved
     
Charter and Ordinance Review             Chuck Peterson Approved
     
Communications                                    Rosemary Hardiman Approved
     
Cultural and Historic Affairs                Carol Olmstead Approved
     
Non-Residential Design Review             Lew Killmer Approved
     
Zoning Commission                                Robert Graham Approved
     
Two vacancies on the Planning Commission were filled:  
     
Kathleen Mink was appointed and confirmed with a term expiration date of September 30, 2012
     
Lew Killmer was appointed and confirmed with a term expiration date of September 30, 2010
       
IX. Adoption of Updated Bethany Beach Town Code Adopted
                                                                                      
X. Transition Overview for Council    
       
XI. Adjourn    

Posted: 09/02/2009
   
   

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