Session 99-22, a Special Meeting of the Homer City Council was called to order at 7:45 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska and opened with the Pledge of Allegiance.

A Worksession with Senator John Torgerson was held prior to the Special meeting from 6:39 to 7:28 p.m. for a general update.

PRESENT: COUNCILMEMBERS: CUE, FENSKE, MARQUARDT, MATTHEWS, WELLES, YOURKOWSKI .

STAFF: CITY MANAGER DRATHMAN

CITY CLERK CALHOUN

FINANCE DIRECTOR BAUGH

PORT DIRECTOR/HARBORMASTER ABBOTT

PUBLIC WORKS DIRECTOR MEYER

AGENDA APPROVAL

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

The amended agenda was approved by consensus of the Council noting the addition of the Executive Session and placing the December meeting schedule as a action item directly after the Executive Session.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Asaiah Bates stated that he thinks this is just a wonderful spiritual process that has manifested Councilmember Matthews as a good worker and that he has a spirit of knowing what is transpiring. He commented on Ray Kranich coming into office, having been on the Council before and that he knows the foundation, the changes and the process as the City ventures into the future. Mr. Bates stated that this is a wonderful transition in the process. He thanked the Council and encouraged them to keep up the good work.

EXECUTIVE SESSION

A. Memorandum 99-215, from City Clerk, Re: Request for Executive Session, Attorney Client Privilege, Re: Griswold Vs. City of Homer, a Municipal Corporation, and COB, Inc.

Recommendation: Approve the Executive Session request, Attorney-client privilege, Griswold Vs. City of Homer and COB, Inc. and conduct directly after approval of this request. Statement or action maybe made when the Council's Special Session reconvenes.

WELLES/MATTHEWS - MOVED TO ADOPT THE RECOMMENDATION OF MEMORANDUM 99-215.

VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, CUE.

Motion carried.

Mayor Cushing recessed the meeting to Executive Session at 7:48 p.m., reconvening the Special Meeting at 8:16 p.m.

Councilmember Marquardt stated that the Council met in Executive Session and talked to the City Attorney, who gave a brief report on the Griswold Vs. City of Homer and COB, Inc. case. No action was taken with regard to the main street Ordinance. Case strategies were discussed and direction was given to the City Attorney.

DECEMBER MEETING SCHEDULE

A. Regular Meeting is scheduled for December 13th and a Special Meeting is scheduled for December 20th.

There was a consensus of the Council to hold the final scheduled meeting of the year on December 13, 1999, with a possibility that this meeting may be recessed to December 14th to finish business or to the following Monday night should that be more appropriate at the time, December 20, 1999 at 7:30 p.m. Everyone's expressed preference was to finish business on December 13th.

OATH OF OFFICE

Ray E. Kranich, Sr., elected for a one year term.

The City Clerk administered the Oath of Office to Ray Kranich.

SPECIAL PRESENTATION

Mayor Cushing made a presentation of a certificate plaque to outgoing Councilmember Matthews. It was noted that he was appointed to serve on the Homer City Council to fill the Waddell vacancy on September 13, 1999 with a total service on the City Council of eleven years. He was recognized for outstanding services and contribution to the City of Homer on the Port and Harbor Rate Committee as Chair from April 14, 1997 to present, that he had done preliminary cost center work, compiled committee information, and contributed hours of research and selfless dedication. He was thanked for his strength of spirit and representative attitude.

Mayor Cushing presented him with a gift from the City, a Port of Homer hat and float coat.

COMMENTS OF THE AUDIENCE.

There were no audience comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney had participated during the Executive Session telephonically.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun thanked Sam Matthews for all his work, thanked Councilmember Welles for donating the pizza in honor of Mr. Matthews, welcomed Ray Kranich back and thanked Senator Torgerson for coming.

COMMENTS OF THE CITY MANAGER

City Manager Drathman thanked Sam Matthews and welcomed Ray Kranich.

COMMENTS OF THE MAYOR

Mayor Cushing thanked Senator Torgerson for coming and thanked Sam Matthews.

COMMENTS OF THE CITY COUNCIL

Councilmember Welles thanked Sam Matthews, that he is looking forward to working with Councilmember Kranich and thanked Senator Torgerson. He stated that he really appreciated all the work and the endless number of hours that Sam Matthews spent on the rate committee. He noted the monetary savings to the City.

Councilmember Fenske echoed the Welles comments and voiced appreciation for Senator Torgerson remembering the Homer community. He stated that a marble edifice to Sam Matthews is needed in the corner of the boat harbor. He wished Mr. Matthews well during his retirement.

Mayor Cushing thanked Mrs. Nancy Matthews for sharing Sam with the City.

Councilmember Marquardt thanked Senator Torgerson for coming to Homer and that he really appreciates it. He thanked Sam Matthews for all he has given the Council over the years had that he has appreciated his presence. He welcomed Councilmember Kranich back and that he looks forward to working with him this next year. He stated that Mr. Matthews and Councilmember Kranich are starting to set a precedence.

Councilmember Yourkowski thanked Sam Matthews for all the work, that he has appreciated him and that it has been nice sitting beside him. He encouraged Mr. Matthews to provide public input.

Councilmember Cue dittoed what had already been said, and that it has been very nice working with Mr. Matthews.

Councilmember Kranich thanked Council for the welcome and that he too looks forward to working with each and every one of them. He commented that there would be times of wholehearted agreement and instances of disagreement, which is what makes the whole thing work. He voiced his hope that when Sam Matthews comes back he will have an open ear to fall back on for some of his experience and guidance of the past. He thanked Senator Torgerson coming down to Homer and remembering Homer.

Former Councilmember Matthews thanked everybody for the present and the plaque. He stated that he has enjoyed working with the Council and is glad to be able to help out in the time of need. He is looking forward to his vacation and now that he is retired has a little more flexible schedule. He wanted to recognize his fellow members on the Port/Harbor Rate Committee that have all worked together on this project and pursuing it to conclusion.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:33 p.m. The next regular meeting is scheduled for December 13, 1999, with a possibility that this meeting may be recessed to December 14th to finish business or to the following Monday night, December 20, 1999 at 7:30 p.m. Special Note: Public Hearing and Final Action on the 2000 Budget is scheduled, at this time, for December 13, 1999.

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MARY L. CALHOUN, CMC/AAE, CITY CLERK