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HomeMy Public PortalAbout19760705SCMeeting1 Savannah Beach, Georgia July 5, 1976 A Special Called Meeting of the newly elected councilmen of the City of Savannah Beach was held in the council room this morning at 10:00 a.m. for the purpose of adopting certain Ordi- nances and Resolutions that will enable the orderly transition of the City Government from the old administration to the newly installed governing body such as continuing uninterrupted bank transactions, setting the day and hour of the month for the Regular Council Meetings and for other purposes. And, in accordance with the City Charter which states that the Mayor and six Councilmen shall take office on the First Monday of July or as soon thereafter as possible, it will be necessary to have the oaths of office administered to them and to the newly appointed Judge of Recorders Court prior to the conduct of any business. One of the six councilmen elected to office, Mr. S. R. "Robbie" Kent was in,the hospital too ill to attend the ceremony. He, therefore, was not sworn in at this meeting. The meeting was presided over by Mayor Counihan and the following councilmen -elect were present: Jerome W. Bettencourt, Karen Losey, Fred de Borde, Edward J. Fahey and William C. Fleetwood. City Attorney Lance Smith was also present. Present to administer the oaths of office was Judge George Oliver of the Superior Court of Chatham County. The meeting was opened by Mayor Michael J. Counihan who immediately requested the City Clerk to read the official certification of the results of the Municipal Election held on April 5, 1976, which he did as follows: CERTIFICATION OF ELECTION BY ELECTION BOARD OF CHATHAM COUNTY Following the reading of the Certification of the. Election results, Judge Oliver then swore in Mayor Counihan: OATH OF OFFICE - MAYOR COUNIHAN Judge Oliver then swore in the following Councilmen: Jerome W. Bettencourt Fred de Borde Edward J. Fahey W. C. Fleetwood Karen Losey OATH OF OFFICE - COUNCILMEN Judge Oliver then swore in the City Attorney - Lance Smith: OATH OF OFFICE - CITY ATTORNEY LANCE SMITH 35 -2- Following the administering of the oaths of office, Judge Oliver expressed his appreciation to the Mayor and Council for extending him the invitation to perform this ceromony. He stated that anytime he could be of assistance to the people of Savannah Beach, he not only felt that it was a previledge but a duty and an obligation because the people of Savannah Beach had been so good to him. Mayor Counihan of business legally The Minutes of as written. then opened the meeting for the conduct presented. the Meeting of June, 14, 1976 were approved Mayor Counihan then stated that the first order of business should be the election by council of a Mayor Pro Tem. Council person Karen Losey then nominated Mr. Edward J. Fahey for Mayor Pro Tem. There were no other nominations so nominations were closed. There being one nominee, Mr. Edward Fahey was declared unanimously elected. City Attorney Lance Smith stated that he had been requested to prepare an Ordinance rescinding the Refuse Ordinance which_ he read. It was uninamously adopted by Council on first read- ing. Mayor Counihan stated that it would be read for the second time at the next regular meeting of Council. City Attorney Lance Smith then informed Council that in order for us to have a smooth transition of the city government to the new administration it was necessary for them to adopt the proper Resolution with the several banks with whom we did business naming the persons authorized to conduct business with them on behalf of the City. He stated further that since there were three banks involved and all three Resolutions were identical and very lengthy, he would just read one and they could adopt all three of them. He then read one of the Resolu- tions. THREE BANKING RESOLUTIONS Upon motion made by Councilman Fleetwood and seconded by Councilman de Borde, the three Resolutions were uninamously adopted. City Attorney Lance Smith then read a Resolution to im- plement the provisions of Section 2 -6, Code of Ordinances, City of Savannah Beach whith authorize the following corporate officers of the municipal corporation to sign checks: M. J. Counihan - Mayor Edward J. Fahey - Mayor Pro Tem Edward M. Patterson - Treasurer. RESOLUTION Councilman Fleetwood moved that this Resolution be adopted. It was seconded by Councilman de Borde and uninimously carried. Councilman Fahey, Chairman of Police Committee informed council that in the interest of economy, the present detective department of Savannah Beach should be abolished and read council a letter he proposed to send to Captain Weatherly and Sgt. Cassidy, holders of the two positions in this department which would relieve them of their duties and accomplish this. Council agreed for this letter to be sent. LETTER TO CAPTAIN WEATHERLY There was a discussion and some questions from the members of council regarding the files, etc. Mr. Fahey assured council that the officers and files involved would be securely padlocked. He stated also that when the subjects involved in this change were advised, they would probably resign. Mr. Fahey then put his request in the form of a motion. It was seconded by Council- man de Borde and unanimously carried. Councilman Fahey, together with Councilman de Borde dis- cussed the necessity of getting a meeting together for the pur- pose of looking into some of the problems the City is facing in the Sewer and Water Department. Following a lenghty discus- sion as to the date and time of such a meeting, it was finally agreed to call a meeting for Friday, July 9th at 3:30 p.m. and get as many councilmen as possible to attend. And also to. have Mr. Vreeland. George of Thomas & Hutton as well as the Resident Inspector and a representative of the Contractor present. There being no further business, the meeting was adjourned to the next regular or special called meeting. MAYOR CLERK OF COUNCIL 37 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) I, MICHAEL J. COUNIHAN, do solemnly swear that I will faithfully discharge the duties devolved on me as Mayor of the City of Savannah Beach, Tybee Island; that I will faithfully execute and enforce the laws and ordinances of the City to the best of my ability, skill and knowledge; that I will support and uphold the Constitution and laws of the United States and the Constitution and laws of the State of Georgia; and that I am not a member of the Communist Party and I have no sympathy for the doctrines of Communism and I will not lend my aid, support, advice, consel nor my influence to the Communist Party nor to the teachings of Communism. SO HELP ME GOD. Sworn to and subs / ibed before me this day of , 1976. George E. • ver, Judge Superior C..rt, Chatham County, Georgia MICHAEL f COUNIHAN L . S . ) STATE OF GEORGIA ) COUNTY OF CHATHAM ) We do solemnly swear that we will faithfully discharge the duties devolved on us as Councilmen of the City of Savannah Beach, Tybee Island; that we will faithfully execute and enforce the laws and ordinances of the City to the best of our ability, skill and knowledge; that we will support and uphold the Constitution and laws of the United States and the Constitution and laws of the State of Georgia; and that we are not members of the Communist Party and we have no sympathy for the doctrines of Communism and we will not lend our aid, support, advice, counsel nor our influence to the Communist Party nor to the teachings of Communishm. SO HELP ME GOD. Sworn to and subsc .i ed before me this 3 day of , 1976. George E liver, Judge Superior Court, Chatham County, Georgia (L.S.) J. W. BETTENCOURT (L.S.) W. C. FLEETWOOD Mr. Kent died July 6, 1976 and therefore was not sworn in. ROBBIE KENT (L.S.) (L.S.) OATH OF OFFICE CITY ATTORNEY AND JUDGE OF RECORDER'S COURT CITY OF SAVANNAH BEACH STATE OF GEORGIA CHATHAM COUNTY I, W. LANCE SMITH, III, do swear that I will well and faith- fully discharge the duites of City Attorney and Judge of Recorder's Court of the City of Savannah Beach, Chatham County, during my continuance in office, according to law, to the best of my knowledge and ability, witho t favor or affection to any party, and that I will only-receive y legal fees. I do further solemnly swear and affirm that I am not the holder of any public money due this State unaccounted for; —that I am not the holder of any office of trust under the government of the United States (except postmaster), nor of either of the several states, nor of any foreign state, and that I am otherwise qualified to hold said office according to the Constitution of the United States and Laws of Georgia, and that I will support the Constitutions of the United States and of this State, and that I am not a member of the Communist Party. SO HELP ME GOD! Sworn to and subscribed before me, this the 3 day of j4' , 1976 GEORer;' E. OLIVER, JUDGE SUPERIOR COURT CHATHAM COUNTY, GEORGIA LANCE SMITH, III 1 1 1 TEMPORARY COMMITTEE ASSIGNMENTS Made by Mayor M. J. Counihan immediately after taking his oath of office, in accordance with the provisions of Section 2 -3 of Savannah Beach Codified Ordinances, as amended. William C. Fleetwood, Chairman FINANCE AND GENERAL GOVERNMENT ) Edward J. Fahey Jerome Bettencourt FIRE COMMITTEE POLICE COMMITTEE PUBLIC WORKS COMMITTEE WATER & SEWER COMMITTEE RECREATION, LIBRARY & EDUCATION Karen Losey, Chairperson Robbie Kent Fred de Borde Edward J. Fahey, Chairman Karen Losey Jerome Bettencourt Fred de Borde, Chairman Robbie Kent William C. Fleetwood Robbie Kent, Chairman William C. Fleetwood Fred de Borde Jerome W. Bettencourt, Chairman Edward J. Fahey Karen Losey BEACH PROTECTION & DEVELOPMENT ) Fred de Borde, Chairman The Members of this committee shall consist of the Mayor and the remaining members of Council. i 1 1 A RESOLUTION TO IMPLEMENT THE PROVISIONS OF SEC. 2 -6, CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA. WHEREAS, Michael J. Counihan was duly elected Mayor of the City of Savannah Beach at the Regular General Election held on April 5, 1976 in the City of Savannah Beach; certified by The Elections Board of Chatham County, Election Superintendent, on April 5, 1976; and duly installed as Mayor together with the six successful candidates for Councilmen on July 7, 1976; and WHEREAS, Edward J. Fahey was duly elected Mayor Pro Tem and Chairman of Council by a majority vote of City Council at an Official Meeting of Savannah Beach City Council held at Savannah Beach City Hall on the 7th day of JULY, 1976; and WHEREAS, it is necessary that checks drawn against the several accounts of the City of Savannah Beach, Tybee Island, Georgia, in the various banks in the City of Savannah, Georgia, for the withdrawal of funds, be signed and /or countersigned by the Mayor and Treasurer of said City of Savannah Beach, and in the absence of the Mayor, then by the Mayor Pro Tem and the Treasurer of said City of Savannah Beach; NOW, THEREFORE, BE IT RESOLVED that the said Michael J. Counihan, as Mayor and Edward M. Patterson, as Treasurer be, and they are hereby authorized to sign and /or countersign any checks on any bank in the City of Savannah, Georgia, where funds are now deposited or may hereafter be deposited, to the account of the City of Savannah Beach, Tybee Island, Georgia, and the several banks are hereby authorized to accept their signatures; BE IT FURTHER RESOLVED that, in the absence of the Mayor from his official duties, that Edward J. Fahey , as Mayor Pro Tem and Acting Mayor, be authorized to sign and /or countersign checks against the several accounts of said City of Savannah Beach in the several banks in the City of Savannah, Georgia. THE WITHIN RESOLUTION IS HEREBY ADOPTED AND APPROVED this 5th day of JULY , 1976. (SEAL) CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: ATTEST: CLERK OF COUNCIL 1 A RESOLUTION BY THE MAYOR AND COUNCILMEN OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, IN COUNCIL DULY ASSEMBLED, THIS 5th day of JULY, 1976 and is hereby resolved as follows: RESOLVED: That an account or accounts in the name of this corporation with CITIZENS & SOUTHERN NATIONAL BANK of Savannah, Georgia, Islands Branch, that the persons whose titles are listed below are authorized to sign and agree to the provisions of said Bank's customary corporate signature cards, and that the Bank is hereby authorized to pay or otherwise honor any checks, drafts or other orders issued from time to time for debit to said account or accounts when signed by: MAYOR AND TREASURER, or in the absence of the Mayor, by the Mayor Pro Tem and the Treasurer of said City of Savannah Beach. FURTHER RESOLVED that Citizens & Southern National Bank of Savannah be and it hereby is authorized to honor, receive, certify or pay all instruments signed in accordance with the foregoing Resolution even though drawn or indorsed to the order of any officer signing the same or tendered for cashing, or in payment of the individual obligation of such officer, or for deposit to his personal account, and said Bank shall not be required, or be under any obligation to inquire as to the circumstances of the issuance, or use of any instrument signed in accordance with the foregoing Resolution, or the application, or disposition of such instrument, or the proceeds thereof. FURTHER RESOLVED that the Mayor and Treasurer - or, in the absence of the Mayor from his official duties, then the Mayor Pro Tem and the Treasurer of said City of Savannah Beach, is /are hereby authorized for and on behalf of this Corporation to: *Discount and/ or negotiate notes, drafts or other forms of credit: borrow money, directly or indirectly with or without security; pledge, alien, convey, assign or otherwise hypothecate any property of the corpora- tion and transact any and all business with said Bank as at any time may be deemed by the said person(s) transacting the same to be advisable. In connection with any transaction entered into with the Bank on behalf of the Corporation, the above designated officers are hereby authorized to make, enter into, execute, attach the seal of the Corporation-to and deliver to the Bank such negotiable or non - negotiable instruments, indemnity, guaranty, or other agree- ments, conveyances, assignments, endorsements, hypothecations pledges, receipts or other undertakings or obligations as may be required by the Bank. FURTHER RESOLVED that all withdrawals of money and /or other transactions heretofore made in behalf of the corporation with the Bank are hereby ratified, confirmed and approved. FURTHER RESOLVED that the Clerk of Council is directed to furnish to the bank a certified copy of these Resolutions, the names of all officers herein authorized to transact business with the Bank as aforesaid, together with a specimen signature of each and 1 the Treasurer shall from time to time hereafter as changes in the personnel of said officers are made, immediately certify such changes to the bank, and said bank shall be fully protected in relying on such certifications of the Secretary and shall be indemnified and saved harmless from any claims, demands, expenses, loss, or damage resulting from, or growing out of honoring the signature of any officer so certified, or refusing to honor any signature not so certified. I FURTHER CERTIFY that the following are the names and official signatures of the present officers of this corporation. (SEAL) MAYOR MAYOR PRO TEM TREASURER t i . COUNIHAN 1e /l�L, . FAHEY E. M. PATTERSON ADOPTED IN OPEN COUNCIL THIS 5th day of JULY, 1976. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: ATTEST: M. J. COUNIHAN - MA'IR E. M. PATTERSON - CLERK OF COUNCIL 1 A RESOLUTION BY THE MAYOR AND COUNCILMEN OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, IN COUNCIL DULY ASSEMBLED, THIS 5th day of JULY, 1976 and it is hereby resolved as follows: RESOLVED: That an account or accounts in the name of this corporation with TRUST COMPANY BANK of Savannah, Georgia, Skidaway Branch, that the persons whose titles are listed below are authorized to sign and agree to the provisions of said Bank's customary corpoate signature cards, and that the Bank is hereby suthorized to pay or otherwise honor any checks, drafts or other orders issued from time to time for debit to said account or accounts when signed by: MAYOR AND TREASURER, or in the absence of the Mayor, by the Mayor Pro Tem and the Treasurer of said City of Savannah Beach. FURTHER RESOLVED that Trust Company Bank of Savannah be and it hereby is authorized to honor, receive, certify or pay all instruments signed in accordance with the foregoing Resolution even though drawn or indorsed to the order of any officer signing the same or tendered for cashing, or in payment of the individual obligation of such officer, or for deposit to his personal account, and said Bank shall not be required, or be under any obligation to inquire as to the circumstances of the issuance, or use of any instrument signed in accordance with the foregoing Resolution, or the application, or disposition of such instrument, or the proceeds thereof. FURTHER RESOLVED that the Mayor and Treasurer - or, in the absence of the Mayor from his official duties, then the Mayor Pro Tem and the Treasurer of said City of Savannah Beach, is /are hereby authorized for and on behalf of this Corporation to: *Discount and /or negotiate notes, draft's or other forms of credit; borrow money, directly or indirectly with or without security;. pledge, alien, convey, assign or otherwise hypothecate any property of the corporation and transact any and all business with said Bank as at any time may be deemed by said person (s) transacting the same to be advisable. In connection with any transaction entered into with the Bank on behalf of the Corporation, the above designated officers are hereby authorized to make, enter into, execute, attach the seal of the Corporation to and deliver to the Bank such negotiable or non - negotiable instruments, indemnity, guaranty, or other agreements, conveyances, assignments, endorse- ments, hypothecations pledges, receipts or other undertakings or obligations as may be required by the Bank. FURTHER RESOLVED that all withdrawals of money and /or other transactions heretofore had in behalf of the corporation with the Bank are hereby ratified, confirmed and approved. FURTHER RESOLVED that the Clerk of Council is directed to furnish to the bank a certified copy of these Resolutions, the names of all officers herein authorized to transact business with the Bank as aforesaid, together with a specimen signature of each and 1 1 1 the Treasurer shall from time to time hereafter as changes in the personnel of said officers are made, immediately certify such changes to the bank, and said bank shall be fully protected in relying on such certifications of the Secretary and shall be indemnified and saved harmless from any claims, demands, expenses, loss, or damage resulting from, or growing out of honoring the signature of any officer so certified, or refusing to honor any signature not so certified. I FURTHER CERTIFY that the following are the names and official signatures of the present officers of this corporation. (SEAL) MAYOR MAYOR PRO TEM TREASURER M. J. COUNIHAN E. M. PATTERSON ADOPTED IN OPEN COUNCIL THIS 5th day of July, 1976. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA. By: ATTEST: 1 1 1 A RESOLUTION BY THE MAYOR AND COUNCILMEN OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, IN COUNCIL DULY ASSEMBLED, THIS 5th day of JULY , 1976 and it is hereby resolved as follows: RESOLVED: That an account or accounts in the name of this coporation with. SAVANNAH BANK & TRUST COMPANY of Savannah, Georgia, Victory Drive Crossroads Branch, that the persons whose titles are listed below are authorized to sign and agree to the provisions of said Bank's customary corporate signature cards, and that the Bank is hereby authorized to pay or otherwise honor any checks, drafts or other orders issued from time to time for debit to said account or accounts when signed by: MAYOR AND TREASURER, or in the absence of the Mayor, by the Mayor Pro Tem and the Treasurer of said City of Savannah Beach. FURTHER RESOLVED that Savannah Bank & Trust Company of Savannah be and it hereby is authorized to honor, receive, certify or pay all instruments signed in accordance with the foregoing Resolution even though drawn or indorsed to the order of any officer signing the same or tendered for cashing, or in payment of the individual obligation of such officer, or for deposit to his personal account, and said Bank shall not be required, or be under any obligation to inquire as to the circumstances of the issuance, or use of any instrument signed in accordance with the foregoing Resolution, or the application, or disposition of such instrument, or the proceeds thereof. FURTHER RESOLVED that the Mayor and Treasurer - or, in the absence of the Mayor from his official duties, then the Mayor Pro Tem and the Treasurer of said City of Savannah Beach, is /are hereby authorized for and on behalf of this Corporation to: *Discount and/ or negotiate notes, drafts or other forms of credit; borrow money, directly or indirectly with or without security; pledge, alien, convey, assign or otherwise hypothecate any property of the corpor- ation and transact any and all business with said Bank as at any time may be deemed by the said person(s) transacting the same to be advisable. In connection with any transaction entered into with the Bank on behalf of the Corporation, the above designated officers are hereby authorized to make, enter into, execute, attach the seal of the Corporation to and deliver to the Bank such negotiable or non - negotiable instruments, indemnity, guaranty, or other agree- ments, conveyances, assignments, endorsements, hypothecations pledges, receipts or other undertakings or obligations as may be required by the Bank. FURTHER RESOLVED that all withdrawals of money and /or other transactions heretofore had in behalf of the corporation with the Bank are hereby ratified, confirmed and approved. FURTHER RESOLVED that the Clerk of Council is directed to furnish to the bank a certified copy of these Resolutions, the names of all officers herein authorized to transact business with the Bank as aforesaid, together with a specimen signature of each and 1 1 1 the Treasurer shall from time to time hereafter as changes in the personnel of said officers are made, immediately certify such changes to the bank, and said bank shall be fully protected in relying on such certifications of the Secretary and shall be indemnified and saved harmless from any claims, demands, expenses, loss, or damage resulting from, or growing out of honoring the signature of any officer so certified, or refusing to honor any signature not so certified. I FURTHER CERTIFY that the following are the names and official signatures of the present officers of this corporation. (SEAL) MAYOR MAYOR PRO TEM TREASURER i<ce4/6(e EDWA"D J FAHEY E. M. PATTERSON ADOPTED IN OPEN COUNCIL THIS 5th day of JULY, 1976. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA E. M. PATTERSON - CLERK OF COUNCIL 1 1 1 AN ORDINANCE AN ORDINANCE AMENDING SECTION 2 -1 OF THE CODE OF THE ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, PERTAINING TO REGULAR MONTHLY MEETINGS OF THE GOVERNING BODY SO AS TO CHANGE THE DAY AND HOUR THEREOF, AND FOR OTHER PURPOSES. SECTION I. BE IT ORDAINED BY THE MAYOR AND COUNCILMEN of the City of Savannah Beach, Tybee Island, Georgia in regular monthly council duly assembled and it is hereby ordained by authority of the same that Section 2 -1 of Chapter 2 of the Code of Ordinances of the City of Savannah Beach, Tybee Island, Georgia is stricken in its entirety and a new section is inserted in lieu thereof, which shall read as follows: "Section 2 -1 Governing Body Meetings, day and hour." The hour for holding the regular meetings of the governing body is 3:30 p.m. Meetings shall be held on the second (2nd) Wednesday of each month. SECTION II. All ordinances and parts of ordinances in conflict herewith are hereby repealed. It is the intention of the governing body, and it is hereby ordianed, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. 1976. (SEAL) ENACTED in open Council this day of CITY OF SAVANNAH BEACH, TYBEE ISALND, GEORGIA BY:Th ATTEST: MAYOR First Reading: July 5, 1976 Second Reading: July 5, 1976 Enacted Reading: July 5, 1976 CITY CLERK EDWARD M. PATTERSON CITY CLERK W. LANCE SMITH. 111 RECORDER AND CITY ATTORNEY PHONE 786-4573 M. J. COUNIHAN, MAYOR CITY OF SAVANNAH BEACH Executive Offices City Hall P. O. Box 128 SAVANNAH BEACH, GA. 31328 July 5, 1976 COUNCILMEN JEROME BETTENCOURT FRED DE BORDE EDWARD J. FAHEY WILLIAM FLEETWOOD ROBBIE KENT KAREN LOSEY Captain Samuel F. Weatherly Savannah Beach, Georgia 31328 Dear Captain Weatherly: This is to advise that your position as Captain on the Savannah Beach Police Department is hereby abolished effective immediately. Your final pay check for the pay period which ends tomorrow, July 6th, is enclosed. You will note it includes holiday pay for the July 5th holiday. It is necessary that you immediately turn over all city -owned property which you now have in your possession. When this is done you will be paid two (2) week's severance pay which is in accordance with the articles of our Personnel Ordinance. You have also earned one week's vacation pay which is also being paid to you. Please be certain that all city-owned property is returned in a like- condition to that in which it was turned over to you. You shall turn over the vehicle which you are presently using to Chief John Price. Yours very truly, EJF:bmc Edward J. Fahey, Commissioner SAVANNAH BEACH POLICE DEPARTMENT CC: Mayor M. J. Counihan Chief John J. Price City Clerk E. M. Patterson