CITY OF HOMER

HOMER, ALASKA

Deputy City Clerk Johnson

RESOLUTION 07-12

 

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING THE PORT AND HARBOR ADVISORY COMMISSION BYLAWS REGARDING AGENDA FORMAT AND TIME LIMITS FOR PUBLIC COMMENTS.

 

            WHEREAS, Pursuant to Resolution 06-115(A) and 06-132 the Homer City Council imposed a time limit for public comment/testimony and audience comments and utilization of the basic agenda format for Commissions and Boards; and

 

            WHEREAS, The Port and Harbor Advisory Commission introduced the Bylaw amendment in Resolution 06-115(A) at their Regular Meeting held September 27, 2006 and took final action to approve the Bylaw amendment at their Regular Meeting held October 25, 2006; and 

 

            WHEREAS, The Port and Harbor Advisory Commission introduced the Bylaw amendment in Resolution 06-132 at their Regular Meeting held October 25, 2006 and took final action to approve the Bylaw amendment at their Special Meeting held November 15, 2006.

 

            NOW, THEREFORE BE IT RESOLVED that the City Council of Homer, Alaska amends the Port and Harbor Advisory Commission Bylaws as follows:

 

PORT AND HARBOR ADVISORY COMMISSION BYLAWS

 

The Homer Port and Harbor Advisory Commission was established via Ordinance 73-1. The following bylaws were adopted on August 22, 1994 by Resolution 94-89, and shall be in effect and govern the procedures of the Port and Harbor Commission of the City:

 

·        To abide by existing Alaska State Law, Borough Code of Ordinance, where applicable, and Homer City Code;

·        To abide by Robert's Rules of Order, current edition, in so far as this treatise is consistent with Homer City Code.

·        Regular meetings:

            *          Fourth Wednesday of each month at 6:00 p.m. (Resolution 98-23, 05-                          110);

            *          Agenda deadline is the Wednesday of the week preceding the meeting                           date at 5:00 p.m.;

            *          Adding items or removing items from the agenda will be by majority                               consensus of the Commission;

                        *          Public notice of a regular meeting shall be made as provided in HCC                                         Chapter 1.14.

·        Special meetings:

                        *          Called by Chairman or majority of the Commission;

                        *          Adding items or removing items from the agenda will be by majority                                           consensus of the Commission;

                        *          Public notice of a special meeting shall be made as provided in HCC                                         Chapter 1.14.

·        Duties and Powers of the Officers:

A Chairman and Vice-Chairman shall be selected annually (February meeting) by the appointive members. The Chairman shall preside at all meetings of the Commission, call special meetings in accordance with the by-laws, sign documents of the Commission, see that all actions and notices are properly taken, and summarize the findings of the Commission for the official record. The Vice-Chairman shall perform all duties and be subject to all responsibilities of the Chairman in his/her absence, disability or disqualification of office.

·        Motions to Reconsider:

Notice of reconsideration shall be given to the Chairman or Vice-Chairman, if the Chairman is unavailable, within forty-eight hours from the time the original action was taken. A member of the Commission who voted on the prevailing side on any issue may move to reconsider the Commission's action at the same meeting or at the next regular meeting of the body provided the above 48-hour notice has been given. Consideration is only for the original motion to which it applies.

·        Conflict of Interest:

A Commission member shall disclose any financial interest in any matter before the Commission before debating or voting upon the matter. After such disclosure, the Commission member may not participate in the debate or vote upon the matter unless the board or Commission determines that a financial interest is not substantial as defined in the City Code.

·        Quorum; Voting:

Four Commission members shall constitute a quorum. Four affirmative votes are required for the passage of a resolution or motion. Voting will be by verbal vote, the order to be rotated. The final vote on each resolution or motion is a recorded roll call vote.

The City Manager, Mayor, Harbormaster and Port/Harbor Director shall serve as consulting members of the Commission but shall have no vote. Dave Vanderbrink and Brantley Edens have been appointed lifetime honorary members.

·        Consensus:

The Commission may, from time to time, express its opinion or preference concerning a subject brought before it for consideration. Said statement, representing the will of the body and meeting of the minds of the members, may be given by the presiding officer as the consensus of the body as to that subject without taking a motion and roll call vote.

·        Abstentions:

All Commission members present shall vote unless the Commission, for special reasons, permits a member to abstain. A motion to excuse a member from voting shall be made prior to the call for the question to be voted upon. A member of the Commission requesting to be excused from voting may make a brief, oral statement of the reasons for the request and the question of granting permission to abstain shall be taken without further debate.

·        Vacancies:

A Commission appointment is vacated under the following conditions and upon the declaration of vacancy by the Commission. The Commission shall declare a vacancy when the person appointed:

Fails to qualify to take office within 30 days after his/her appointment;

Resigns and the resignation is accepted;

Is physically or mentally unable to perform the duties of his/her office;

Misses three consecutive regular meetings unless excused;

Is convicted of a felony.

·        General Order of Business:

Call to Order

Approval of the Agenda

Approval of the Minutes

Public Comments on Items on the Agenda

Pending Business

New Business

Visitors

Informational Items

Staff Report

Comments of the Audience

Comments of the Commission

Adjournment

 

NAME OF BODY                                                                                      DATE OF MEETING

PHYSICAL LOCATION OF MEETING            DAYOF WEEK AND TIME OF MEETING

HOMER, ALASKA                                                                                        MEETING ROOM

 

REGULAR MEETING

AGENDA

1. CALL TO ORDER

2. APPROVAL OF AGENDA

3. PUBLIC COMMENTS REGARDING ITEMS ON THE AGENDA. (3 MINUTE TIME LIMIT)

4. RECONSIDERATION

5. APPROVAL OF MINUTES or CONSENT AGENDA.

6. VISITORS (Chair set time limit not to exceed 20 minutes) (Public may not comment on the visitor or the visitor's topic until audience comments.) No action may be taken at this time.

7. STAFF & COUNCIL REPORT/COMMITTEE REPORTS/BOROUGH REPORTS (Chair set time limit not to exceed 5 minutes.)

8. PUBLIC HEARING (3 MINUTE TIME LIMIT)

9. PLAT CONSIDERATION (Planning Commission only)

10. PENDING BUSINESS or OLD BUSINESS

11. NEW BUSINESS or COMMISSION BUSINESS

12. INFORMATIONAL MATERIALS (NO ACTION MAY BE TAKEN ON THESE MATTERS, THEY MAY BE DISCUSSED ONLY).

13. COMMENTS OF THE AUDIENCE (3 MINUTE TIME LIMIT)

14. COMMENTS OF THE CITY STAFF (not required) (Staff report may be at this time in the agenda.)

15. COMMENTS OF THE COUNCILMEMBER (If one is assigned)

16. COMMENTS OF THE CHAIR (May be combined with COMMENTS OF THE COMMISSION/BOARD since the Chair is a member of the Commission/Board.)

17. COMMENTS OF THE COMMISSION

18. ADJOURNMENT/NEXT REGULAR MEETING IS SCHEDULED FOR _______ note any worksessions, special meetings, committee meetings etc. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. (Sometimes the meeting is scheduled for the Conference Room)

 

Contact info for the department constructing the agenda. Example: City Clerk's Office, clerk@ci.homer.ak.us, 235-3130.

 

·        By-laws Amended:

The by-laws may be amended at any meeting of the Commission by a majority plus one of the members, provided that notice of said proposed amendment is given to each member in writing. The proposed amendment shall be introduced at one meeting and action shall be taken at the next Commission meeting.

·        Alternative Voting Members:

From time to time the Mayor, upon confirmation of the City Council, may appoint an alternate Port & Harbor Commissioner, who may take the place of a Commissioner who is absent or who has declared a conflict of interest. (Resolution 01-23(A).)

 

            PASSED AND ADOPTED by the Homer City Council on the 8th day of January, 2007.

 

 

                                                                                                CITY OF HOMER

 

 

                                                                                                ____________________________

                                                                                                JAMES C. HORNADAY, MAYOR

 

ATTEST:

 

 

 

___________________________________

MARY L. CALHOUN, CMC, CITY CLERK

 

Fiscal note:  NA