Session 09-06 a Special Meeting of the Homer City Council was called to order on February 27, 2009 at 11:46 a.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: HOWARD, LEWIS, ROBERTS, ZAK

ABSENT: NOVAK (excused), WYTHE

STAFF: CITY CLERK JOHNSON

ACTING CITY MANAGER ROBL

CITY ATTORNEY KLINKNER

City Attorney Thomas Klinkner appeared telephonically.

Department Heads may be called upon from time to time to participate via teleconference.

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

The agenda was approved by consensus of the Council.

PENDING BUSINESS

A. Memorandum 09-17, 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. (City of Homer vs. HEA – Attorney briefing.)

Mayor Hornaday ruled it was a necessity to conduct the Executive Session due to time constraints on the pending litigation. Under the Rule of Necessity a member previously excluded due to a conflict of interest may be required to participate in proceedings. Both Councilmembers Wythe and Zak were excused from prior proceedings due to conflicts of interest. Councilmember Wythe is an employee of HEA.

Council voiced no opposition to the ruling.

Councilmember Zak stated his conflict of interest as the owner of ten acres of property on both sides of the affected power line. As a commissioner on the Planning Commission, Mr. Zak declared a conflict of interest during Country Club Estates business. The easement on his property serves the Country Club Estates.

City Attorney Thomas Klinkner advised the person who is not the employee would have the lesser conflict.

Mayor Hornaday ruled Councilmember Zak did have a conflict of interest, but an emergency exists due to the absence of Councilmember Novak. Councilmember Zak has the lesser of the conflict of interest, because Councilmember Wythe is an employee of HEA.

Council voiced no opposition to the ruling.

Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 09-17 for Executive Session to discuss City of Homer vs. HEA – attorney briefing.

LEWIS/ROBERTS – SO MOVED.

There was no discussion.

VOTE: YES. HOWARD, LEWIS, ROBERTS, ZAK

Motion carried.

Council adjourned to Executive Session at 11:54 a.m. and reconvened the Special Meeting at 12:08 p.m.

Mayor Hornaday stated Acting City Manager Robl will direct the attorney of Council’s decision.

COMMENTS OF THE AUDIENCE

There was no audience.

COMMENTS OF THE CITY ATTORNEY

Attorney Tom Klinkner was no longer present by telephone.

COMMENTS OF THE CITY CLERK

City Clerk Johnson had no comment.

COMMENTS OF THE CITY MANAGER

Acting City Manager Robl had no comment.

COMMENTS OF THE MAYOR

Mayor Hornaday had no comment.

COMMENTS OF THE CITY COUNCIL

Councilmembers had no comment.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 12:09 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, March 9, 2009 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, March 9, 2009 at 4:00 p.m. A Worksession is scheduled for Monday, March 9, 2009 at 5:30 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: ______________________