CITY OF HOMER
                                                             HOMER, ALASKA
                                                                                                           Parks and Recreation/City Clerk

 

RESOLUTION 07-22(A)

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A RESOLUTION OF THE CITY COUNCIL, AMENDING THE BYLAWS OF THE PARKS AND RECREATION ADVISORY COMMISSION.

 

 

            WHEREAS, The City Council adopted Resolutions 06-132 and 06-116(A) directing the Advisory Bodies to amend their bylaws to limit public comment to 3 minutes and to streamline the agendas; and

            WHEREAS, The Parks and Recreation Advisory Commission appointed a Bylaws Committee to fully review the Commission Bylaws and recommend changes; and

 

            WHEREAS, The Bylaws Committee met twice and drafted changes to the Bylaws.

 

            NOW, THEREFORE, BE IT RESOLVED That the City Council of Homer, Alaska hereby amends the Homer Parks and Recreation Advisory Commission Bylaws as follows:

 

PARKS AND RECREATION ADVISORY COMMISSION

 

The Homer Parks and Recreation Advisory Commission is established with those powers and duties as set forth in Title 1, Section 74, of the Homer Municipal Code.  The Commission is established to act in an advisory capacity to the City Manager and the City Council on the problems and development of parks and recreation facilities and public beaches within the City.  The Commission’s jurisdiction is limited to the area within the City Boundaries except for those extra territorial interests, such as trails and city properties, subject to city jurisdiction.

The Homer Parks and Recreation Advisory Commission consists of seven members; up to three members may be residents from outside the city limits, preference shall be given to City resident applicants.  Members will be appointed by the Mayor for three year terms (except to complete terms) subject to confirmation by the City Council.  One Homer area High School student selected by his or her student body shall serve as a consulting member of the Commission in addition to the seven appointed members, and may attend and participate in all meetings as a consultant, but shall have no vote.  (Ord. 99-04, 1999)

There will be regular monthly meetings of the Commission and permanent records or minutes shall be kept of the proceedings.  The minutes will record the vote of each member upon every question.  Every decision shall be filed in the office of the City Clerk and shall be public record open to inspection.

 

History

The By-laws were passed by the Parks and Recreation Commission on October 20, 1983 by the Homer City Council on February 13, 1984, and shall be in effect and govern the procedures of the Commission.

The duties and responsibilities of the Commission are:

A.                 Act in advisory capacity to the City Manager and the City Council on the problems and development of park and recreation facilities and public beaches in the city.  Consideration may include existing facilities, possible future developments and recommendations on land use.

B.                 Consider any specific proposal, problem or project as directed by the City Council.

BY-LAWS

 

A.                 To abide by existing Alaska State Law, Borough Code of Ordinance, where applicable, and Homer Municipal Code;

B.                 To abide by Roberts Rules of Order, current edition, in so far as this treatise is consistent with Homer Municipal Code.

C.                 Regular Meetings:

1.                  Third Thursday of each month at 6:30 p.m. (Resolution 05-17).

2.                  Items will be added to the agenda upon request of staff, the Commission or a Commissioner. Agenda deadline is the Wednesday of the week preceding the meeting date at 5:00 p.m. (Resolution 06-95).

3.                  Adding items or removing items from the agenda will be by majority consensus of the Commission.

                        3.         Removing items from the published agenda will be by consensus of the Commission. No items may be added.

 

D.             COMMITTEES

 

1.                  The Chair shall appoint committees for such specific purposes as the business of the Commission may require. Committee membership shall include at least two Commissioners. Other Committee members may be appointed from the public.  

2.                  One Committee member shall be appointed Chair and be responsible creating an agenda and notifying the City Clerk of meetings so they may be advertised in accordance with Alaska State Law and Homer City Code.

3.                  One Committee member shall be appointed responsible for furnishing summary notes of all Committee meetings to the City Clerk.

4.                  Committees shall meet in accordance with Commission bylaws and Robert’s Rules.

5.                  All committees shall make a progress report at each Commission meeting.

6.                  No committee shall have other than advisory powers.

7.                  Per Roberts Rules, upon giving a final report, the Committee is disbanded.

E.         COMMISSION, MEETING PUBLIC COMMENT/TESTIMONY AND AUDIENCE COMMENT TIME LIMITS

The meeting chair shall note for the audience's benefit that there is a three minute time limit each time there is a place in the agenda for public comment/testimony or audience comments. Any individual wishing to address the Commission shall adhere to a three minute time limit. It is the responsibility of the Chair to announce under Public Comments, Public testimony on public hearing items and Audience Comments that there is a 3 minute time limit. Time limits may be adjusted by the 2 minutes up or down with the concurrence of the body in special circumstances only such as agenda content and public attendance.

F.D.                 Special Meetings:

1.                  Called by Chairman or majority of the Commission;

2.                  Adding items or removing items from the agenda will be by majority consensus of the Commission.

GE.                  Duties and Powers of the Officers:

A Chairman and Vice-Chairman shall be selected annually (November 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.  The Vice-Chairman will succeed the Chairman if he/she vacates the office before the term is completed, to complete the unexpired term.  A new Vice-Chairman shall be elected at the next regular meeting.

HF.                  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 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.

IG.                 Conflict of interest:

A member or the Commission shall disqualify himself/herself from participating in any official action in which he/she has a substantial financial interest.  Should the Commission member not move to disqualify himself/herself after it has been established that he/she has a substantial financial interest, the Commission may move to disqualify that member by a majority vote of the body.

JH.        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 and High School student shall serve as consulting members of the Commission but shall have no vote.

KI.                    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.

LJ.                   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.  A member may not be permitted to abstain except upon the unanimous consensus of members present.  A member may not explain a vote, may not discuss the question while the roll call vote is being taken and may not change his/her vote thereafter.

MK.                  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:

A.                 fails to qualify to take office within 30 days after his/her appointment;

B.                 resigns and the resignation is accepted;

C.                 is physically or mentally unable to perform the duties of his/her office;

D.                 misses three consecutive regular meetings unless excused; or

E.                  is convicted of a felony or of an offense involving a violation of his/her oath of office.

 

NL.          General Order of Business:

Call to Order

Approval of Agenda

Public Comments Regarding Items on the Agenda. 3 Minute time limit

Reconsideration

Approval of Minutes

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.

Staff, Council and Committee Reports

Public Hearing (3 minute time limit)

Pending Business

New Business

Informational Materials

Comments of the Audience

Comments of the City Staff

Comments of the Commission

   Adjournment. List time, date and location of the next meeting.

 O.            Procedure for Consideration of Agenda Items:

                 The following procedure will normally be observed pursuant to Robert’s Rules:

1.              A motion is made to discuss the item OR to approve the staff recommendation. The item may then be discussed, amended or voted on.

2.              If there are questions of staff or an appropriate audience member, a Commissioner may request permission from the Chair to ask the question. The Chair, upon with consensus approval, may grant the request.

 

M.        Alternative Voting Members:

From time to time the Mayor, upon confirmation of the City Council, may appoint an alternate for a specific Parks & Recreation Commissioner to share in the duties and responsibilities of that Commissioner.  The alternate will have full discussion and voting privilege, while filling in for the Commissioner, and will be appointed for that specific Commissioner=s term.  The alternate may be changed by request of the alternate or the Commissioner or at the will of the Mayor.

PN.        Bylaws Amended:

The bylaws may be amended at any meeting of the Commission by a majority plus one vote 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.

QO.        Teleconference:

Teleconference meetings. 

1.                  The preferred procedure for Commission meeting is that all members be physically present at the designated time and location within the City for the meeting.  However, physical presence may be waived by the Chair or Commission and a member may participate in a meeting by Teleconference when it is not essential to the effective participation or the conduct of business at the meeting.  A Commission member participating by teleconference shall be deemed to be present at the meeting for all purposes.  In the event the Chair participates telephonically, the Vice-Chair shall run the meeting.

2.         Teleconference procedures.

A.        A Commission member who cannot be physically present for a regularly scheduled meeting shall notify the recording clerk at least five days prior to the scheduled time for the meeting of his/her intent to appear by telephonic means of communication.

                        B.         The recording clerk shall notify the Commission members three days prior to the scheduled time for the Commission meeting of Commission members intending to appear by teleconference.

                        C.        The means used to facilitate a  teleconference meeting of the Commission must enable each Commission member appearing telephonically to clearly hear all other Commission members and members of the public attending the meeting as well as be clearly heard by all other Commission members and members of the public.

                        D.        The recording clerk shall note in the attendance record all Commission members appearing telephonically.

Legislative History

Amendment to the first paragraph was passed by the Commission on April 19, 1990 and passed by Homer City Council on May 14, 1990 via Resolution 90-34.

New section M, Alternate Voting Members was passed by Homer City Council on June 8, 1998 via Resolution 98-41.

Amendment to include Teleconference Procedures was approved by the Commission on February 15, 2001 and adopted by the City Council on February 26, 2001 via Resolution 01-09.  This amendment changed the edition of Robert’s Rules of Order from seventh to current and added new sections N. and O. 

Amendment to the meeting time was passed by Homer City Council on February 14, 2005 via Resolution 05-17.

PASSED AND ADOPTED by the Homer City Council this 12th day of February, 2007.

 

                                                                        CITY OF HOMER

 

                                                                        ______________________________________

                                                                        DENNIS NOVAK, MAYOR PRO TEMPORE

ATTEST:                                                                    


______________________________

JO JOHNSON, CMC, CITY CLERK

 

Fiscal information: N/A