Session 10-08 a Special Meeting of the Homer City Council was called to order on February 22, 2010 at 4:00 p.m. by Mayor Pro Tempore Beth Wythe 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, LEWIS, ROBERTS, WYTHE, ZAK
ABSENT: HOWARD (excused)
STAFF: CITY MANAGER WREDE
CITY CLERK JOHNSON
CITY ATTORNEY KLINKNER
(telephonic in Executive Session)
Councilmember Howard has requested excusal.
Mayor Pro Tempore Wythe ruled Councilmember Howard’s absence was excused. There was no objection from the Council.
AGENDA APPROVAL (Only those matters on the noticed agenda may be considered, pursuant to City Council’s Operating Manual, pg. 5)
Mayor Pro Tempore Wythe called for a motion for the approval of the agenda.
ZAK/LEWIS – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
PUBLIC COMMENTS UPON
MATTERS ALREADY ON THE AGENDA
There were no public comments.
A. Memorandum 10-38, From City Clerk Re: Request for Executive Session
Pursuant to AS 44.62.310(C)(1&5), Matters, The Immediate
Knowledge of Which Would Clearly have
an Adverse Effect upon the Finances of
the Government Unit and Attorney/Client Privilege.
(Frank Griswold vs. City of Homer and Don Blackwell - Superior Court Case; Frank Griswold vs. City of Homer; City Clerk
Jo Johnson; Kachemak Shellfish Mariculture Association - Supreme Court No. S-13734)
Mayor Hornaday has excused himself from all matters concerning Griswold
due to conflict/bias.
Mayor Pro Tempore Wythe called for a motion for the approval of
the recommendation of Memorandum 10-38 for Executive Session to discuss Frank Griswold vs. City of Homer and Don
Blackwell - Superior Court Case; Frank Griswold vs. City of Homer;
City Clerk Jo Johnson; Kachemak Shellfish Mariculture
Association - Supreme Court No. S-13734.
LEWIS/ROBERTS - SO MOVED.
Brief discussion ensued on the councilmembers who may participate, as some may have decided the cases at the Planning Commission level. It was decided the question would be posed to the City Attorney in Executive Session for direction.
VOTE: YES. ROBERTS, WYTHE, ZAK, HOGAN, LEWIS
Motion carried.
Council recessed to Executive Session at 4:06 p.m. and reconvened the meeting at 4:40 p.m.
Councilmember Roberts stated Council met with Attorney Tom Klinkner and gave direction as to how to proceed with the legal cases.
COMMENTS OF THE
AUDIENCE
There were no comments from the audience.
COMMENTS OF THE
City Attorney Klinkner was not present.
COMMENTS OF THE
City Clerk Johnson had no comment.
COMMENTS OF THE
City Manager Wrede had no comment.
COMMENTS OF THE
MAYOR
Mayor Hornaday was not present.
COMMENTS OF THE
Councilmembers had no comments.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 4:41 p.m. by Mayor Pro Tempore Wythe. The next Committee of the Whole is scheduled for Monday, March 8, 2010 at 5:00 p.m. The next Regular Meeting is Monday, March 8, 2010 at 6:00 p.m. A Special Meeting is scheduled for Monday, February 25, 2010 at 4:15 p.m. A Worksession is scheduled for Monday, March 8, 2010 at 4:00 p.m. All meetings are scheduled to be held in the City Hall Cowles Council Chambers.
_______________________________
JO JOHNSON, CMC, CITY CLERK
Approved: ______________________