Session 09-12, a Special Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:00 p.m. on July 1, 2009 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

PRESENT: COMMISSIONER BOS, HAINA, KRANICH, MINSCH, MOORE, SINN

STAFF: CITY PLANNER ABBOUD

DEPUTY CITY CLERK JACOBSEN

AGENDA APPROVAL

The agenda was approved by consensus of the Commission.

PUBLIC COMMENT

The public may speak to the Planning Commission regarding matters on the agenda that are not scheduled for public hearing or plat consideration. (3 minute time limit).

Frank Griswold, city resident, commented that most of his comments were put into written form and he hopes they take the time to read his page and a half letter. He thinks it is good that Commissioner Kranich is making an attempt to correct one of the errors in this preceding and he thinks there are several more errors that need to be corrected. If Commissioner Moore is found to have a conflict of interest they need to address the fact that he already participated in deliberations and how to make that right. Because those deliberations are not recorded no one knows how much influence he had on the decision. He thinks there would be grounds due to that and for many reasons to start this entire proceeding from the beginning. If not that, at least begin the deliberations with out the participation of conflicted members. When he was ushered out of the last meeting there was several parties still at the podium that he didn’t think should be party to the deliberations. He questioned if the City Planner and Dotti Harness were there. Chair Minsch responded they were not. Mr. Griswold continued that Mr. Kranich posed some questions before to City Staff and his questions and answers were put into the record. Mr. Griswold said he was sent a letter from the City Planner which asked if he had questions, and he said he did have some, and he hopes they are treated the same as Commissioner Kranich’s and they should be in the record as well. He said there may be some issue as to whether or not City Planner Abboud received them. He hand delivered to 397 E. Pioneer, the Refuge Chapel, and sent them to the Clerk with a cc and he thought she would then forward them to you and the City Planner. He is not sure if that is the case. He said he would appreciate if instead of him reading this if they would take into consideration his page and a half with attachments.

RECONSIDERATION

A. Reconsideration of the motion regarding Commissioner Moore’s statement of conflict of interest.

KRANICH/BOS MOVED TO RECONSIDER THE MOTION THAT COMMISSIONER MOORE BE ALLOWED TO PARTICIPATE AND THAT HE DOES NOT HAVE A CONFLICT OF INTEREST.

Commissioner Kranich commented that after the various testimonies that we should revisit this item.

VOTE: YES: BOS, MINSCH, HAINA, KRANICH, SINN

Motion carried.

The following motion is back on the floor:

KRANICH/BOS MOVED THAT MR. MOORE BE ALLOWED TO PARTICIPATE AND THAT HE DOES NOT HAVE A CONFLICT OF INTEREST.

There was discussion whether the motion needs to be amended for further discussion.

MINSCH/KRANICH MOVED TO AMEND THE MAIN MOTION THAT COMMISSIONER MOORE DOES NOT HAVE A FINANCIAL CONFLICT OF INTEREST HOWEVER HE DOES APPEAR TO HAVE A SITUATION OF PERSONAL BIAS AND SHALL NOT PARTICIPATE IN FURTHER DELIBERATIONS OF THE MATTER.

Commissioner Kranich explained his concern is from Commissioner Moore’s statement “but I do know other members that attend the chapel and I do think the Refuge Chapel is a good thing.” Commissioner Kranich commented that they are required to make their decision based on Code or the record, a statement in that respect creates a situation of an appearance of personal bias.

Chair Minsch restated the motion and clarified that a yes vote would indicate that he appears to have a situation of personal bias and he should not participate in further deliberation and a no vote would mean he does not and would continue to participate.

Commissioner Moore commented to enlighten the Commission on what he meant by that, he does believe what the Refuge Chapel and the people there are doing is a good thing. They are trying to help people. He continued that it is a good thing but whether it is the right thing in that location is not what he was talking about. He continued that he doesn’t agree with planning and zoning but does that give him a personal bias against City Planner Abboud? He said it does bother him that Mr. Abboud doesn’t buy water from him because he wants everyone to buy water from him, but does he use that against him? Mr. Moore said you have to check this stuff at the door. He personally doesn’t like Frank Griswold and if he read his name in the obituary it would put a smile on his face, but that isn’t what he has to sit here and do. He said he doesn’t think what Mr. Griswold is doing is a good thing, but that isn’t what he was asked to sit there and decide. He has to go off what is put in front of him and what is the record. What they are doing is not a popularity vote, they are looking at the facts and the way they are presented. That is what they make their decisions on, not whether they like someone or not, whether they are doing a good job or not, or whether they do business with him or not.

Commissioner Sinn commented that when they are dealing with these serious legal matters, just the view or thought of the possibility of something being proper is why we are here. Everything has to be handled completely and perfectly. We are being held to a higher standard, sometimes it is frustrating, but it right. Every citizen in this community has a right to have their voice heard.

Chair Minsch commented that she doesn’t doubt that Commissioner Moore sincerely meant what he said, but agrees that the public would think there is an appearance of bias.

Commissioner Sinn concurred that it is the appearance. He said he has worked with Commissioner Moore and knows that he is very heartfelt and passionate about trying to do the right thing here. The appearance is all it takes.

Commissioner Moore said that if it is based on appearance, he probably shouldn’t be here. He voted on things for people who don’t do business with him and now they do. If we are going to go off appearance on everything, this probably isn’t the place he should be.

Commissioner Haina commented in support of Commissioner Moore. Previously Commissioner Moore was asked if he could make a fair and impartial decision on the merits of the appeal and Commissioner Moore answered yes he could, he trusted Commissioner Moore’s judgment and that he weighed his pros and cons about the issue and his association in a business way. If he can’t trust him to make a decision and second guess his statement that he can make a fair and impartial decision, then he has to be in fear that the group would second guess him if he made that statement. If Commissioner Moore says he doesn’t have a conflict of interest, then he has no choice but to believe him.

Commissioner Kranich commented that the Commission is required to make their decisions based on code and the record. This table is not the place to air our personal feelings. Obviously we each have our personal feelings; they are going to be there as it is a part of our being. As members of the community they are there with every issue we see. But they do not deserve a place in the record and publicly stated as part of our basis.

VOTE: (primary amendment) YES: MINSCH, KRANICH, SINN

NO: HAINA, BOS

Motion failed.

There was no further discussion on the main motion.

VOTE: YES: BOS, HAINA

NO: MINSCH, SINN, KRANICH

Motion failed.

There was disagreement between Deputy City Clerk Jacobsen and the Commission about the result of the failed motion. Some Commissioners were under the impression that since the motion failed they continued as before. Deputy City Clerk Jacobsen explained that the motion failed and because of its wording, Commissioner Moore should be excused from further participation. A recess was called for Deputy City Clerk Jacobsen to confirm with the City Clerk. When the meeting reconvened Deputy City Clerk Jacobsen reported that she spoke to City Clerk Johnson who confirmed that because the motion failed, Commissioner Moore was excused from further participation.

Chair Minsch stated the Commission would resume deliberations not taking into account any previous discussion or decisions that occurred while Commissioner Moore was involved.

INFORMATIONAL MATERIALS

A. Verbatim of Commissioner Moore’s statement of conflict of interest

B. Reconsideration motions regarding Commissioner Moore’s statement of conflict of interest

COMMENTS OF THE AUDIENCE

Members of the audience may address the Commission on any subject. (3 minute time limit)

Frank Griswold commented that at the risk of beating a dead horse he would like to make some comments that may be moot now, but may be relevant for future proceedings. He said that you cannot rely on a person’s unofficial statement when he says that he can participate impartially. You are putting him on the spot and as someone pointed out it is like voting against it you are calling them a liar. That question should never be asked. There is nothing in City Code that says that someone with an appearance of conflict of bias can absolve it by saying that he doesn’t. If that were the case it would be in the code. As a member of the public when he hears someone say yes, but I think I can participate impartially, that doesn’t do anything to relieve his thoughts that it is improper. Talk about a conflict of interest, if one has a conflict of interest to begin with, you certainly have a conflict of interest declaring whether you have a conflict of interest, which is why you don’t vote on your own conflict of interest. In this case it is apparent that not only did he have a strong bias toward the Refuge Chapel, so strong that he found it necessary to proclaim that, it had nothing to do with his financial disclosure. Now in his discussions it comes out that he would like to read my obituary. There could be no stronger bias against a party in the case. The fact that you guys are scratching your head and not sure and the three to two vote is mind boggling. He said the Commission needs training and a legal counsel here. If the Borough Assembly followed what was going on in this case, he thinks this would be grounds to take the City’s zoning powers away. He said the Commission is not trained and not smart enough to see that they need help. It is certainly their prerogative to ask for legal counsel. Invariably the Commission accidentally came to the right decision.

COMMENTS OF THE COMMISSION

Commissioners may comment on any subject, including requests to staff and requests for excused absence.

Commissioner Haina commented that he is smart enough to understand what he is doing. He said he won’t be fooled by parliamentary rules of reconsideration in the future.

Commissioners Sinn and Kranich had no comment.

Commissioner Moore commented that the public needs to remember that the Commission is made up of volunteers. They are not paid to do this; they are here trying to help. It is getting harder and harder to get people to volunteer. He noted the empty seat. If members of the public feel so strongly that we are doing our job wrong, maybe they should come sit here and try to help things. The Planning Commission is probably not the best place for him, seeing as he still does business and is not retired. It is a tough deal and it has cost him customers, but he believes very strongly in Homer and he wants things to change for the positive. He has seen things happen here with Planning and Zoning Commissions that were not positive and they are hurting the growth of Homer, there are people who are not investing in Homer. We need growth; we need jobs. That is why he is here and why he will continue to stay here.

Commissioner Bos said he wanted everyone in the room to know that he is doing the best he can.

Chair Minsch said we are all doing the best we can and they are doing a great job.

ADJOURNMENT

Meetings will adjourn promptly at 10:00p.m. An extension is allowed by a vote of the Commission.

There being no further business to come before the Commission, the meeting adjourned at 6:37 p.m. The next Regular Meeting is scheduled for July 15, 2009 at 7:00 p.m. in the City Hall Cowles Council Chambers. There is a worksession at 5:30 p.m. prior to the meeting.

MELISSA JACOBSEN, CMC, DEPUTY CITY CLERK

Approved: