Session 09-26 a Special Meeting of the Homer City Council was called to order on December 14, 2009 at 5:30 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

 

            PRESENT:       COUNCILMEMBERS:               HOGAN, HOWARD, LEWIS, ROBERTS,                                                                                                 WYTHE, ZAK

 

                           STAFF:                               CITY CLERK JOHNSON

                                                                        CITY ATTORNEY KLINKNER

                                                                                   

AGENDA APPROVAL

 

(Only those matters on the noticed agenda may be considered, pursuant to City Council’s Operating Manual, pg. 5)

 

Approved by consensus of the Council, no item may be added, items may be deleted.

 

The agenda was approved by consensus of the Council.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

There were no public comments.

 

NEW BUSINESS

 

A.        Memorandum 09-160, From City Clerk, Re: Request for Executive Session Pursuant to   AS § 44.62.310(C)(3), Matters, Which by Law, Municipal Charter, or Ordinances           are Required to be Confidential. (Ethics Complaint Case No. 2009-02)           

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 09-160.

 

WYTHE/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, HOGAN, LEWIS

 

Motion carried.

 

Council adjourned to Executive Session at 5:32 p.m. and reconvened the meeting at 5:43 p.m.

 

Mayor Pro Tempore Wythe stated Council met and reviewed Ethics Complaint 2009-02 and requested that the Clerk retain counsel for the purposes of further consideration.

 

B.        Memorandum 09-161, From City Clerk, Re: Request for Executive Session Pursuant to   AS § 44.62.310(C)(3), Matters, Which by Law, Municipal Charter, or Ordinances           are Required to be Confidential. (Ethics Complaint Case No. 2009-03)

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 09-161.

 

LEWIS/WYTHE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD, HOGAN

 

Motion carried.

 

Council adjourned to Executive Session at 5:44 p.m. and reconvened the meeting at 5:51 p.m.

 

Councilmember Roberts stated Council met and discussed the issue and advised the Clerk to hire an attorney to advise them on this issue.

 

C.        Memorandum 09-162, From City Clerk, Re: Request for Executive Session Pursuant to   AS § 44.62.310(C)(3), Matters, Which by Law, Municipal Charter, or Ordinances           are Required to be Confidential. (Board of Adjustment – Griswold vs. Blackwell –    Transcript Preparation)           

 

On October 24, 2005 Councilmember Wythe was excused from participation due to a bias. She had a personal friendship relation with the wife of Don Blackwell. At that time Mrs. Blackwell had just recently departed from working directly with Councilmember Wythe for 15 years. Since then they have not had substantial continued contact.

 

Mayor Hornaday questioned Councilmember Wythe.

 

Councilmember Wythe answered the friendship no longer exists in the same capacity. Don Blackwell’s wife and Councilmember Wythe are still friends; in 2005 they had barely separated from working together.

 

Attorney Klinkner questioned Councilmember Wythe.

 

Councilmember Wythe stated she no longer has a business relationship with Mrs. Blackwell.

 

Attorney Klinkner advised there is not an issue.

 

Mayor Hornaday ruled there is no conflict for Councilmember Wythe.

 

There was no objection from Council.

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 09-162.

 

LEWIS/WYTHE – SO MOVED.

 

Councilmember Hogan asked if it had been properly noticed.

 

City Clerk Johnson answered that per the attorney it has been and is compliant with the OMA (Open Meetings Act).

 

City Clerk Johnson stated Mr. Griswold has claimed Mayor Hornaday also shows a bias or conflict towards him and requested that be brought up before the Board of Adjustment.

 

Mayor Hornaday agreed there were two councilmembers who felt he could not be fair and impartial. He agrees with them and withdrew. Mayor Hornaday excused himself.

 

Mayor Pro Tempore Wythe took the gavel.

 

VOTE: YES. HOGAN, LEWIS, ROBERTS, WYTHE, ZAK, HOWARD

 

Motion carried.

 

Council adjourned to Executive Session at 5:57 p.m. and reconvened the meeting at 6:25 p.m.

 

Councilmember Roberts stated Council met and discussed the request to postpone Griswold vs. Blackwell Board of Adjustment. The continuation has not been granted. The hearing will be held as scheduled on January 11th. It is the responsibility of the Appellant to obtain a transcript. In accordance with HCC 21.93.520(b) the Clerk’s office has authority to determine who prepares the transcript.

 

COMMENTS OF THE AUDIENCE

 

Frank Griswold, city resident, commented the City Council should have reconvened as a Board of Adjustment and taken public comment. There was no mention of a BOA proceeding on the agenda. He was given notice that at 5:30 p.m. Council would convene as a BOA. He did not think he had an opportunity to comment at the beginning of the meeting. Mr. Griswold referenced HCC 1.18.040(a) and indicated Mr. Hornaday should have disclosed his partiality and/or recused himself before ruling on the partiality of Board Member Beth Wythe. He would have had no authority to do even if not disqualified for bias because of HCC 1.18.048(c). Mr. Griswold is shocked that Council just went through this on November 30th and followed that procedure and it just went out the window. Beth Wythe admitted she is still friends with Mrs. Blackwell. She was not a co-worker in 2005. A 15-year work relationship indicates the partiality still exists. She is related to Ray Kranich and resides in the same household. Mr. Kranich is a Planning Commissioner and ex parte communication is likely and she may give deference to his decision at the Planning Commission level. Council needs to reconsider and take it up again before the January 11th BOA hearing.           

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Klinkner was no longer present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson had no comment.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede was not present.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday had no comment.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmembers Hogan, Howard, Lewis, Roberts, Wythe, and Zak had no comment.

 

ADJOURNMENT

 

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 6:30 p.m. The next Regular Meeting is scheduled for Monday, January 11, 2010 at 6:00 p.m. The next Committee of the Whole is scheduled for Monday, January 11, 2010 at 5:00 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

_______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: ______________________